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City Council

Regular Meeting

Lake Havasu City, AZ · October 10, 2023

AgendaMinutes

Minutes

Mayor Cal Sheehy Lake Havasu City Vice Mayor David Lane Police Facility Councilmember Nancy 2360 McCulloch Blvd North Campbell Lake Havasu City, Arizona Councilmember Jeni Coke 86403 Councilmember Jim Dolan www.lhcaz.gov Councilmember Michele Lin Councilmember Cameron Moses City Council Regular Meeting Minutes - Final Tuesday, October 10, 2023 5:30 PM 1. CALL TO ORDER Mayor Sheehy called the meeting to order at 5:30 p.m. 2. INVOCATION: Pastor Dale Ray, Lakeview Community Church Vice Mayor David Lane gave the invocation. 3. PLEDGE OF ALLEGIANCE: Lake Havasu Marine Association Members from Lake Havasu Marine Association led in the Pledge of Allegiance. 4. ROLL CALL Present: 6- Mayor Cal Sheehy, Councilmember Nancy Campbell, Councilmember Cameron Moses, Councilmember Jeni Coke, Vice Mayor David Lane and Councilmember Jim Dolan Absent: 1- Councilmember Michele Lin *Councilmembers Jeni Coke and Jim Dolan were present via remote conferencing. 5. CONSENT AGENDA 5.1 ID 23-3983 Approve the September 26, 2023, City Council Regular Meeting Minutes (Kelly Williams) 5.2 ID 23-3977 Adopt Resolution No. 23-3708 Approving Abandonment of the Southerly 10-Foot by 40-Foot Portion of the 10-Foot by 50-Foot Public Utility and Drainage Easement on the Western Boundary of 3245 Oakwood Drive, Tract 2238, Block 3, Lot 2 (Trevor Kearns) 5.3 ID 23-3979 Adopt Resolution No. 23-3709 Approving Abandonment of the 8-Foot Public Utility Easement on the South Side of Former Black Rock Way Private Street, Tract 2403, Block 1, Lots 23A, 25A, & 27A, and Accepting the Dedication of a New 8-Foot Public Utility Easement and a New 30-Foot-Wide Private Access and Public Utility and Drainage Easement within the Boundary of the Former Black Rock Way of Tract 2403, Block 1, Lots 23A, 25A & 27A (Trevor Kearns) Lake Havasu City Page 1 Printed on 10/25/2023 City Council Minutes - Final October 10, 2023 5.4 ID 23-3990 Adopt Resolution No. 23-3710 Approving the Submission of an Application for a WaterSMART Water and Energy Efficiency Grant to the Bureau of Reclamation for the On-Site Commercial Water Audit Program, and Authorizing Execution of Necessary Documents and Implementation of the Activities Funded by the Grant (Timothy Kellett) 5.5 ID 23-3996 Approve Legal Services Agreement Related to Per- and Polyfluoroalkyl Substances Litigations (Kelly Garry) 5.6 ID 23-3984 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 4:30 p.m., Tuesday, October 24, 2023 (Kelly Williams) Councilmember Moses moved to approve the Consent Agenda as presented, seconded by Vice Mayor Lane, and carried by the following vote: Aye: 6 - Mayor Sheehy, Councilmember Campbell, Councilmember Moses, Councilmember Coke, Vice Mayor Lane and Councilmember Dolan Absent: 1 - Councilmember Lin 6. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 6.1 ID 23-3992 American Rescue Plan Act (ARPA) Community Resource Quarterly Reports (Trinna Ware) Mayor Sheehy noted that this item was for informational purposes only. 6.2 ID 23-3985 Announce Vacancies on Lake Havasu City Boards, Committees, and Commissions (Kelly Williams) City Clerk Kelly Williams announced the current vacancies on various Lake Havasu City Boards, Committees, and Commissions. She added that applications are available at City Hall and on the City’s website at www.lhcaz.gov. 6.3 ID 23-3988 City Manager’s Report (Jess Knudson) City Manager Jess Knudson reported on the following: • Announced various achievements, ceremonies, and proclamations. • Announced several upcoming events in October including the Youth Talent Show, Concerts in the Park series, and Annual Fall Fun Fair. 7. PUBLIC HEARINGS 7.1 ID 23-3950 Award Agreement for Professional Services (Design) for the 2024 Water Main Replacement Project to Trico Engineering, LLC (Jason Hart) Project Manager Jason Hart advised that this item is to award a professional design Lake Havasu City Page 2 Printed on 10/25/2023 City Council Minutes - Final October 10, 2023 services agreement to Trico Engineering, LLC, for the 2024 Water Main Replacement Project in the amount of $135,120. He said the purpose of this project is to continue to replace those water mains throughout the city that meet key replacement criteria (diameter, material, PSI, break history, and age of pipe) in accordance with the Water Master Plan. He said the project scope of work includes the design of approximately 9,500 linear feet of small diameter water main upgrades, consisting of 4-inch, 6-inch, and 8-inch diameter pipe within 16 separate locations. He said the project is anticipated to take 10 months with completion in April 2024. Mayor Sheehy opened the public hearing. Mr. Don Wisdom, citizen, addressed the council concerning the pavement replacement on Highway 95 and asked if the project included replacement of any pipes that run across Highway 95, to which Mr. Hart replied no. There being no further comments, Mayor Sheehy closed the public hearing. Councilmember Campbell moved to award the agreement for professional services for the 2024 Water Main Replacement Project to Trico Engineering, LLC, in the amount of $135,120, seconded by Councilmember Moses, and carried by the following vote: Aye: 6 - Mayor Sheehy, Councilmember Campbell, Councilmember Moses, Councilmember Coke, Vice Mayor Lane and Councilmember Dolan Absent: 1 - Councilmember Lin 7.2 ID 23-3993 Award Airport Automated Weather Observation System (AWOS) Upgrade Project to Pavex Corporation (Jarod Thiele) Project Manager Jarod Thiele said this item is to award bid for the Airport Automated Weather Observation System (AWOS) Upgrade Project to Pavex Corporation in the amount of $211,030. Mr. Thiele said the AWOS is a micro weather station located at the airport that measures current weather conditions of the airport Aerodome, including construction activities and temporary safety hazards, wind direction and wind speed, local barometric pressure, availability of lighting in the vicinity of the airport, visibility distances, temperature, and cloud ceilings. He said the current AWOS system was installed in 2008 and has passed its useful life, parts have become antiquated, expensive and/or not available. He added that this project will upgrade the system to the newest technology available and is anticipated to take three weeks. The project is being grant funded by the Arizona Department of Transportation in the amount of $315,000 with a city match of $31,500 (10 percent). Lake Havasu City Page 3 Printed on 10/25/2023 City Council Minutes - Final October 10, 2023 Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Moses moved to award the Airport Automated Weather Observation System (AWOS) Upgrade Project to Pavex Corporation in the amount of $211,030, seconded by Vice Mayor Lane, and carried by the following vote: Aye: 6 - Mayor Sheehy, Councilmember Campbell, Councilmember Moses, Councilmember Coke, Vice Mayor Lane and Councilmember Dolan Absent: 1 - Councilmember Lin 7.3 ID 23-3980 Award Bid for the Construction Contract to Pioneer Earthmovers, Inc., for the Island Path Repave (Mike Wolfe) Councilmember Campbell recused herself from participating and voting on this item. Assistant City Engineer Mike Wolfe advised that this item is to award bid for the Island Path Repave Project to Pioneer Earthmovers, Inc., in the amount of $1,572,862. He said the scope of the project would include a new asphalt pathway, new signage and striping, guardrail added near the Site Six 72-hour parking area for pedestrian safety, driveway improvements, and crosswalks. The project schedule is anticipated to take six months with completion by June 2024. Mayor Sheehy asked if project construction would begin in January 2024, to which Mr. Wolfe said construction is anticipated to start once the project is awarded. He explained that have six months built into the schedule for completion and anticipate project completion no later than June 2024. Mayor Sheehy asked if concrete was considered for this project, to which Mr. Wolfe said after thorough analysis staff determined that the price and constructability of concrete for the 3.5 miles of pathway was not feasible. Mayor Sheehy opened the public hearing. Ms. Bonnie Toy, citizen, addressed the council and asked what the average lifespan would be of the new pathway. Mr. Wolfe said with continued maintenance, the lifespan of the new pathway would be at least 20 years. Mr. Craig Geary, Keep Havasu Beautiful Committee, addressed the council and asked how the city plans to maintain the landscaping periphery along the pathway during Lake Havasu City Page 4 Printed on 10/25/2023 City Council Minutes - Final October 10, 2023 construction. Mr. Wolfe said the city will be staying within a 14-foot-wide corridor for this project (10-foot path and a 2-foot shoulder of gravel at-grade on each side). He said they do anticipate working around some of the existing irrigation system and have built in contingency to repair some of the landscaping. There being no further comments, Mayor Sheehy closed the public hearing. Councilmember Moses moved to award the base bid and force account for the Island Path Repave to Pioneer Earthmovers, Inc., in the amount of $1,572,862, seconded by Vice Mayor Lane, and carried by the following vote: Aye: 5 - Mayor Sheehy, Councilmember Moses, Councilmember Coke, Vice Mayor Lane and Councilmember Dolan Absent: 1 - Councilmember Lin Recused: 1 - Councilmember Campbell 7.4 ID 23-3981 Award Bid for the Construction Contract to Perco Rock Company for the Wash Crossing Improvements El Dorado Avenue N. Project (Mike Wolfe) Civil Engineer Shawn Clarke said this item is to award bid for the Wash Crossing Improvements El Dorado Avenue N. Project to Perco Rock Company in the amount of $1,988,760. He said the project was identified to improve wash crossing safety by elimination of an at-grade crossing over El Dorado Wash. The safety improvements include safe crossing during high flows, pedestrian improvements, and safe sight distance for vehicles at Dolphin Drive when entering El Dorado Avenue N. The wash crossing has been designed with a concrete box culvert and will require a roadway closure and detour for approximately six to eight months. Mayor Sheehy opened the public hearing. Mr. David Diaz, citizen, addressed the council concerning the $700,000 difference in bids received and asked if the bids included the same scope of work and materials, to which Mr. Clarke said one of the bidders is currently working on another city project and may not have the same mobilization costs as others. There being no further comments, Mayor Sheehy closed the public hearing. Vice Mayor Lane moved to award the bid for the Wash Crossing Improvements El Dorado Avenue N. Project, to Perco Rock Company in the amount of $1,988,760, seconded by Councilmember Campbell, and carried by the following vote: Lake Havasu City Page 5 Printed on 10/25/2023 City Council Minutes - Final October 10, 2023 Aye: 6 - Mayor Sheehy, Councilmember Campbell, Councilmember Moses, Councilmember Coke, Vice Mayor Lane and Councilmember Dolan Absent: 1 - Councilmember Lin 7.5 ID 23-3995 Award Bid for the Park Avenue Lift Station Rehabilitation Project to Felix Construction Company (Phil Porter) Project Manager Phil Porter said this item is to award bid for the Park Avenue Lift Station Rehabilitation Project to Felix Construction Company in the amount of $1,249,500. He said the Park Avenue Wastewater Lift Station was originally constructed in 1995 with the primary flow for the Aquatic Center facility and small service area. The existing lift station is approximately 30 years old and beyond the expected service life, and the area is experiencing aggressive growth and renewed interest for potential development. He said the project will include replacing outdated equipment and rehabilitating the related infrastructure, as well as replacing the pumps and pump phasing needed for growth. He noted that the project is anticipated to begin in November 2023 pending equipment lead times. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Moses moved to award bid for the Park Avenue Lift Station Rehabilitation Project to Felix Construction Company in the amount of $1,249,500, seconded by Vice Mayor Lane, and carried by the following vote: Aye: 6 - Mayor Sheehy, Councilmember Campbell, Councilmember Moses, Councilmember Coke, Vice Mayor Lane and Councilmember Dolan Absent: 1 - Councilmember Lin 7.6 ID 23-3965 Award Bid for Fiscal Year 2023-24 Crack Seal Program to Holbrook Asphalt Company (Bill Young) Transportation and Maintenance Superintendent Bill Young said this item is to award bid for the Fiscal Year 2023-24 Crack Seal Program to Holbrook Asphalt Company in the amount of $749,116. Councilmember Campbell asked how much was budgeted in Fiscal Year 2023-24 for crack seal, to which Mr. Young said $2.3 million was budgeted to fog seal, chip seal, and crack fill approximately one-million square yards of roadway. Councilmember Campbell asked if the city would be fog sealing some of the newer Lake Havasu City Page 6 Printed on 10/25/2023 City Council Minutes - Final October 10, 2023 roadways, to which Mr. Young said they would be fog sealing those newer roadways within the year. Mayor Sheehy opened the public hearing. Mr. Leonard Lacey, citizen, addressed the council and spoke concerning the number of sink holes from utility work and new construction. Mayor Sheehy said a lot of the sink holes are a result of the temporary patches from roadway work and are corrected when the city applies the permanent patches. There being no further comments, Mayor Sheehy closed the public hearing. Councilmember Campbell moved to award the bid for Fiscal Year 2023-24 Crack Seal Program to Holbrook Asphalt Company in the amount of $749,116, seconded by Councilmember Moses, and carried by the following vote: Aye: 6 - Mayor Sheehy, Councilmember Campbell, Councilmember Moses, Councilmember Coke, Vice Mayor Lane and Councilmember Dolan Absent: 1 - Councilmember Lin 8. CALL TO THE PUBLIC Mr. Sergi Heideman, citizen, addressed the council concerning the number of short-term rentals in Lake Havasu City. Mr. Scotty McClure addressed the council and said he is a resident of Bullhead City and is running for Mohave County Board of Supervisors District No. 2. He said he is focused on creating a two-year budget and a civil grand jury in Mohave County. Mr. Lacey addressed the council requesting information from the city and council regarding a Leadership Academy homework project he is working on to install sidewalks along the 1400 block of Lake Havasu Avenue and Palo Verde Boulevard North. Mr. Diaz addressed the council and recognized the Parks and Recreation Department for their assistance with a Lake Havasu Republican Men’s Club event that was held at the Aquatic Center recently. Mr. James Maniaci, citizen, addressed the council and reported that the 2nd Annual Arts and Crafts Fair by the Mountain View Property Owner’s Association will be held on Saturday, October 21, 2023, from 8:00 a.m. to 2:00 p.m. Mr. Wisdom addressed the council regarding an idea for a wash crossing design connecting the Mesquite Avenue parking lot to the Downtown Catalyst Project site. He Lake Havasu City Page 7 Printed on 10/25/2023 City Council Minutes - Final October 10, 2023 also expressed his concern with the new water and wastewater rates for condominiums. He said their bylaws do not allow them to increase rent more than 10 percent without having an election next year. He said he was not sure an increase would pass and was not happy with the new rates. 9. CURRENT EVENTS Councilmember Campbell gave an update on the Rural Transportation Advocacy Council (RTAC). Councilmember Mayor Sheehy gave an update on the Lake Havasu City Metropolitan Planning Organization (MPO). 10. FUTURE MEETINGS Tuesday, October 24, 2023 @ 5:30 p.m. – Regular Meeting Tuesday, November 14, 2023 @ 5:30 p.m. – Regular Meeting 11. FUTURE DISCUSSION ITEMS There were no requests from council for future discussion items. 12. ADJOURN Upon motion by Vice Mayor Lane and seconded, the meeting adjourned at 6:39 p.m. CERTIFICATION I hereby certify that the foregoing is a full and true copy of the Regular Meeting Minutes of the Lake Havasu City Council held on the 10th day of October, 2023. I further certify that the meeting was duly called and posted, and that a quorum was present. ____________________________________ Kelly Williams, City Clerk/MMC Lake Havasu City Page 8 Printed on 10/25/2023

Agenda

Mayor Cal Sheehy Lake Havasu City Vice Mayor David Lane Police Facility Councilmember Nancy Campbell 2360 McCulloch Blvd North Councilmember Jeni Coke Lake Havasu City, Arizona 86403 Councilmember Jim Dolan www.lhcaz.gov Councilmember Michele Lin Councilmember Cameron Moses City Council Regular Meeting Agenda Tuesday, October 10, 2023 5:30 PM One or more councilmembers may be participating and voting via remote conferencing. Lake Havasu City endeavors to ensure the accessibility of all of its programs, facilities, and services to all persons with disabilities in accordance with the Americans with Disabilities Act. If you need an accommodation for a meeting, please contact the City Clerk at 453-4142 at least 24 hours prior to the meeting so that an accommodation can be arranged. Anyone wishing to address the council on an item not shown on the agenda should fill out a “Request to Speak” form, which will be found on the desk located at the entrance to the meeting room, and hand it to the City Clerk. Action as a result of public comment on an item not on the agenda will be limited to directing staff to study the matter or rescheduling the matter to a later date. The City Council may vote to hold an executive session for the purpose of obtaining legal advice from the City’s attorney on any matter listed on the agenda under A.R.S. § 38-431.03(A)(3). 1. CALL TO ORDER 2. INVOCATION: Pastor Dale Ray, Lakeview Community Church 3. PLEDGE OF ALLEGIANCE: Lake Havasu Marine Association 4. ROLL CALL 5. CONSENT AGENDA The following items will be considered as one item by the City Council and will be enacted with one motion with no separate discussion unless a councilmember so requests, in which event the item will be removed. 5.1 ID 23-3983 Approve the September 26, 2023, City Council Regular Meeting Minutes (Kelly Williams) 5.2 ID 23-3977 Adopt Resolution No. 23-3708 Approving Abandonment of the Southerly 10-Foot by 40-Foot Portion of the 10-Foot by 50-Foot Public Utility and Drainage Easement on the Western Boundary of 3245 Oakwood Drive, Tract 2238, Block 3, Lot 2 (Trevor Kearns) 5.3 ID 23-3979 Adopt Resolution No. 23-3709 Approving Abandonment of the 8-Foot Public Utility Easement on the South Side of Former Black Rock Way Private Street, Tract 2403, Block 1, Lots 23A, 25A, & 27A, and Accepting the Dedication of a New 8-Foot Page 1 Printed on 10/5/2023 City Council Regular Meeting Agenda - Final October 10, 2023 Public Utility Easement and a New 30-Foot-Wide Private Access and Public Utility and Drainage Easement within the Boundary of the Former Black Rock Way of Tract 2403, Block 1, Lots 23A, 25A & 27A (Trevor Kearns) 5.4 ID 23-3990 Adopt Resolution No. 23-3710 Approving the Submission of an Application for a WaterSMART Water and Energy Efficiency Grant to the Bureau of Reclamation for the On-Site Commercial Water Audit Program, and Authorizing Execution of Necessary Documents and Implementation of the Activities Funded by the Grant (Timothy Kellett) 5.5 ID 23-3996 Approve Legal Services Agreement Related to Per- and Polyfluoroalkyl Substances Litigations (Kelly Garry) 5.6 ID 23-3984 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 4:30 p.m., Tuesday, October 24, 2023 (Kelly Williams) 6. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 6.1 ID 23-3992 American Rescue Plan Act (ARPA) Community Resource Quarterly Reports (Trinna Ware) 6.2 ID 23-3985 Announce Vacancies on Lake Havasu City Boards, Committees, and Commissions (Kelly Williams) 6.3 ID 23-3988 City Manager’s Report (Jess Knudson) 7. PUBLIC HEARINGS 7.1 ID 23-3950 Award Agreement for Professional Services (Design) for the 2024 Water Main Replacement Project to Trico Engineering, LLC (Jason Hart) 7.2 ID 23-3993 Award Airport Automated Weather Observation System (AWOS) Upgrade Project to Pavex Corporation (Jarod Thiele) 7.3 ID 23-3980 Award Bid for the Construction Contract to Pioneer Earthmovers, Inc., for the Island Path Repave (Mike Wolfe) 7.4 ID 23-3981 Award Bid for the Construction Contract to Perco Rock Company for the Wash Crossing Improvements El Dorado Avenue N. Project (Mike Wolfe) 7.5 ID 23-3995 Award Bid for the Park Avenue Lift Station Rehabilitation Project to Felix Construction Company (Phil Porter) 7.6 ID 23-3965 Award Bid for Fiscal Year 2023-24 Crack Seal Program to Holbrook Asphalt Company (Bill Young) 8. CALL TO THE PUBLIC We will now have an open call to the public for citizens wishing to address the council on issues within the Page 2 Printed on 10/5/2023 City Council Regular Meeting Agenda - Final October 10, 2023 jurisdiction of the city. Your comments must be limited to three (3) minutes or less. If you wish to address an item already on tonight’s agenda, you should wait until that item is announced for a public hearing. At the conclusion of the open call to the public, individual members of the council may respond to criticism made by those who have addressed the council, may ask staff to review a matter or may ask that a matter be put on a future agenda. However, members of the council cannot discuss or take legal action on matters not already on the agenda. 9. CURRENT EVENTS Pursuant to A.R.S. § 38-431.02(K), a public body shall not propose, discuss, deliberate, or take legal action on any Current Event item Council Committee Reports: Airport Advisory Board - Councilmember Dolan Clean Colorado River Sustainability Coalition (CCRSCo) - Mayor Sheehy Havasu Youth Advisory Council - Councilmembers Coke & Lin Lake Havasu Area Chamber of Commerce - Councilmember Campbell Go Lake Havasu - Vice Mayor Lane Lake Havasu Metropolitan Planning Organization (MPO) - Mayor Sheehy & Councilmembers Campbell/Coke/Dolan (Alternate) Mohave County Water Authority - Mayor Sheehy Parks & Recreation Advisory Board - Vice Mayor Lane Partnership for Economic Development (PED) - Councilmember Moses Public Safety Personnel Retirement System – Local Fire Board - Vice Mayor Lane Public Safety Personnel Retirement System – Local Police Board - Vice Mayor Lane Western Arizona Council of Governments (WACOG) - Councilmember Lin 10. FUTURE MEETINGS Tuesday, October 24, 2023 @ 5:30 p.m. - Regular Meeting Tuesday, November 14, 2023 @ 5:30 p.m. - Regular Meeting 11. FUTURE DISCUSSION ITEMS 12. ADJOURN Page 3 Printed on 10/5/2023

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