City Council

Mayor Mark S. Nexsen Lake Havasu City Councilmember Crystal Alger Lake Havasu City Police Facility Councilmember Dean Barlow 2360 McCulloch Blvd North Councilmember Donna Brister Councilmember Don Callahan Special Meeting Minutes - Final Lake Havasu City, Arizona 86403 www.lhcaz.gov Councilmember Jeni Coke Councilmember David McAtlin City Council Tuesday, January 21, 2014 5:00 PM Special Meeting 1. CALL TO ORDER Mayor Nexsen called the meeting to order at 5:00 p.m. 2. PLEDGE OF ALLEGIANCE The mayor led in the Pledge of Allegiance. 3. ROLL CALL Present: 7 - Mayor Mark S. Nexsen, Councilmember Dean Barlow, Councilmember Crystal Alger, Councilmember Donna Brister, Vice Mayor Don Callahan, Councilmember Jeni Coke and Councilmember David McAtlin 4. CALL TO THE PUBLIC There were no requests to address the Council. 5. PUBLIC HEARINGS 5.1 ID 14-0038 14-03600002 - An appeal of the Planning Commission’s denial of a conditional use permit for a residential care home for up to a maximum of nine residents to be located at 575 Player Lane in the RE, Residential Estates Zoning District Senior Planner Stuart Schmeling advised that the item before the Council is an appeal of a decision made by the Planning and Zoning Commission (Commission) in October of 2013 to deny this Conditional Use Permit (CUP). Mr. Schmeling read and explained the current City Code definition with regard to residential care homes, and noted key terms within that definition that staff used in order to justify or compare a men’s sober living facility to that of a residential care home. He said the Council has seen the term sober living facility and a lot of advertising in regards to this Lake Havasu City Page 1 Printed on 2/25/2014 City Council Special Meeting Minutes - Final January 21, 2014 particular application that say residential care home and that is because the current City Code does not have a definition for a sober living facility. Mr. Schmeling advised that staff used the residential care homes definition because it is the most similar or equivalent to with regard to activity impacts and the use itself in order to process this application. Mr. Schmeling said the subject property is located on Player Lane, just south and west of Acoma Boulevard, off of Wood Lane and Hogan Lane. He provided an aerial photo and picture of the home and floor plan. Mr. Schmeling noted that the home is approximately 7,100 square feet and contains eight bedrooms, seven bathrooms, an office, and two garages that have three parking stalls each. Mr. Schmeling stated that the Commission at the October 2, 2013, meeting, unanimously denied the request for the CUP by a vote of 7-0. The motion was to deny the CUP because it did not fit the definition of a residential care facility. He noted that today City staff received a letter of objection from Mr. Chad Kenwood located on 565 Player Lane. Mr. Schmeling listed the documents that were provided to the City Council which included: the original application submitted with all attachments, all letters of objection, and the 30-plus pages of meeting minutes from the Commission meeting. Mr. Schmeling noted that the applicant was in attendance to provide the Council with any additional information and answer any questions. Mayor Nexsen said before he opened the public hearing, it was his understanding that the Redmon House wanted to make a presentation. Mr. Skip Walker, resident of Lake Havasu City and Director of Redmon House, addressed the Council and said he brought the application for a CUP after advice of staff as to that would be the place in the current City Code that would most fit what they are doing at Redmon House. Mr. Walker read into the record “I stand before you because I wanted to do a little bit of good for a few men with a serious problem of alcohol abuse, men who are trying to get their lives back together and become productive citizens of this community rather than a burden upon it. Now, is there a need for such a thing? I live in Lake Havasu and worked in Las Vegas, and there are many sober living homes for men that I have attended and can see the good they are doing. The nearest home to Havasu is in Prescott or Las Vegas. That is a long ways a way, so I think there is a need. I do not know if I need to put on the record the problems of drug abuse and alcohol abuse in this community or not, but I have brought a few local papers.” Mr. Walker read the headlines from several news articles into the record. Mr. Walker continued to read into the record “Alcohol abuse, alcohol use, driving drunk, and drug use in this community is a problem that reaches very much further than anyone recognizes if you Lake Havasu City Page 2 Printed on 2/25/2014 City Council Special Meeting Minutes - Final January 21, 2014 are not on the front line. In February of 2012, alcohol played a significant role in a police shooting that resulted in the death of Danny Haskill, a 39 year old man in Lake Havasu City. He was shot and killed by a 12-year veteran of the Lake Havasu City Police Department. I do not think I have to say anything more about drugs and alcohol being a problem here. As I said, if you are not on the frontline you do not know how far down into the middle school heroin, meth, alcohol, and pills reach. Will I fix the problem or will Redmon House fix that problem, no. Can I make a difference in a few men’s lives, yes. What we have found is that living together with people of like mind who understand the problem, who are there when you need them, in a normal environment, residential environment has been shown effective for the treatment of this disease and for men regaining their lives or maybe establishing their lives because it reaches down to the very young. There was a need and I addressed the need by raising private anonymous donations to secure a house in Lake Havasu City. Did I pick the neighborhood, no I did not. Did I pick the house, yes I did. It was for sale and had been for sale for a year and a half. The house was not in fair shape, it required quite a bit of plumbing and electrical work, roof work and re-establishment as living quarters. Again, that was all done at no cost to the City but from private anonymous donations. When I was told that I needed a permit to do this, I went to the City and sought advice about how to do that and followed their directions. I brought a CUP to the Planning and Zoning Commission for 20 residents. Why 20? Well residential care homes had been granted for 10 people in a 2800 square foot house, so I did the math and came up with 20 and I believe that scared the neighborhood. Before that hearing I reduced the number to 15 in a letter and asked that they look at this for 15. Again, there are eight bedrooms, seven baths, it is an enormous house. It is hardly suitable for any other use that I can think of and has been empty for about 11 out of the 20 years since it has been built. There is a pressing need in the community. These men have nowhere to go. I get calls every day asking where men can go. If it is a medical condition they cannot come to Redmon House, because we are not a medical facility. Alcohol and drug addiction are lifetime diseases, they are chronic, progressive and sometimes fatal. Finding and staying in a functional environment that provides mutual support, understanding, structure, monitoring and being surrounded by people who are not using alcohol and drugs are the essential elements of avoiding relapse. It has been demonstrated that by sharing of a common household with other recovering persons and functioning as a family provides the maximum opportunity for success in maintaining recovery. Redmon House will not magically remove or fix the problems of alcohol or drugs in Lake Havasu City. However, in our community Redmon House will provide an opportunity for a small group of men to live together as a family in one household, stay sober, and become productive and upstanding contributors to this community and to society. Do they deserve that chance, I think they do. We would not be standing here if the disease we were talking about was diabetes. Why are we here then? The objections by the neighborhood by placing this in this neighborhood fall down to one thing - not in my back yard. Why? Because of antiquated notions about what is an alcoholic or what is a drug abuser. The fears expressed about Redmon House seem to be two - financial and character. The urban legend is that a sober living house will depress home prices, this is not true. We had a house listed on the block in recent months it was listed at $399,000 and sold for $395,000, which shows normal real Lake Havasu City Page 3 Printed on 2/25/2014 City Council Special Meeting Minutes - Final January 21, 2014 estate transaction. There are 50 scientific valid studies which show contrary to popular belief, that sober men’s living houses not clumped do not affect either price or time to sale. Over the years we have tested and developed technologies and techniques which are workable by having one person with a sincere desire to keep sober and heal broken individuals and set them on this path to what is a normal life. We have adopted and developed known effective rules and guidelines for joining and staying in this family to assure the welfare of myself, my family, and the citizens of Lake Havasu City. These rules are thorough and highly restrictive - if you drink you are gone, if you use drugs you are gone, if you break the law you are gone, if you violate house guidelines you are gone. We have been open for two years and had no incidents from residents of the house. Those opposing say that having men living next door not drinking and not drugging is a threat. I disagree, this makes an issue. The burden of proof lies on them. Bring me something besides innuendo and rumor besides misinformation and misguided information of narrow law. Bring me facts, where is a police report? I have them for two years and there are police reports for enforcement on our block and on the block behind, but they are not from Redmon House residents. How do we hurt the neighborhood? We don’t. When I took the house over the landscaping had not been taken over for a year and half, which is the first thing we did. The next thing we did was repair the roof. We cleaned up the lot next door where all sorts of garbage had been dumped. Some from the preservation of the house for sale for which I felt responsible for, but it was not my doing. We hauled off three trailers of trash, cleaned up the weeds, sprayed for pests not only on the house but on the lot next door. How is this nuisance in the neighborhood - it is not. Misconceptions about the nature and impacts of men living together in sobriety for people with disabilities abound and objections to Redmon House appear to be wholly based upon unfounded myths and fears about our residents. All I want to do is help a few men, not many. If you allowed nine there would be an average of four or five. As in every other endeavor we are not going to have full occupancy 100 percent of the time. The concerns of traffic are unfounded. I can park 13 cars on the property. We had a police call after the last CUP notice. The police came and found no enforcement action, we were having a meeting. I submit to you that it is not only your obligation but your duty to give these men a chance. Let us live together as a family and help them. Help me, help them.” Mayor Nexsen opened the public hearing. Mr. Steven Polin, counsel for Mr. Walker and the Redmon House, addressed the City Council and said he has had correspondence with the Council and several conversations with City Attorney Kelly Garry concerning the CUP, the recommendation of the staff and Council, their request for reasonable accommodation, and the Fair Housing Act implications of what has occurred and what might occur. He added that he also wrote a letter to the Council in November of 2013 concerning the Fair Housing Act. Lake Havasu City Page 4 Printed on 2/25/2014 City Council Special Meeting Minutes - Final January 21, 2014 Mr. Polin read into the record “The Fair Housing Act was one of the last pieces of major legislation that President Ronald Reagan signed before he left office in 1988, the Fair Housing Act amendments. There are several important and crucial features of those amendments that directly bear as to what is going on here. One is it create, as a protective class, persons with a handicap and included within that definition of handicap are persons in recovery from alcoholism and drug addiction. It also created what is called a reasonable accommodation provision which created an affirmative duty, in this case upon municipalities, to make a reasonable accommodation that rules policies or practices, so that a group of, in this case a group of unrelated disabled recovering addicts and alcoholics can have an equal opportunity to use and enjoy the dwelling of their choice. In doing this reasonable accommodation analysis, which was adopted from the Rehabilitation Act of 1973, it sort of goes like this; a request is made and if the request is reasonable then the burden shifts to, in this case, the Council to say that it is not reasonable because it is either undue burden administratively or financially or it somehow fundamentally alters the zoning scheme. Then the burden shifts back to us to prove that it is necessary. Normally all we need to prove that it is necessary is that the residents receive a therapeutic benefit from living together. Mr. Walker has handled this CUP process by himself. He is very intelligent and very diligent man. He has done a lot of internet researches and a lot of reading. Along the way, starting back when he made his initial application for 20 people, he used terms in his presentation to the Commission such as the Fair Housing Act and such as reasonable accommodation and words such as discrimination. Now the way the law and fair housing has developed, and the way the law and reasonable accommodation has developed, the courts have basically said you don’t need to use magic words in order to ask for a reasonable accommodation. Mr. Walker all along has been asking to anyone who will listen in authority that the Redmon House should be treated as a family. And of course the response is always - how can you be a family, you are not related and you are a bunch of addicts and alcoholics, what kind of family is that? The courts view this type of living arrangement differently and the courts have said, more often than not and more significantly more often than not, that groups of recovering addicts and alcoholics for purposes of zoning, if there is a therapeutic benefit to their living together and there is some programmatic structure should be treated as a family for purposes of zoning. That sort of leads us to where we are right now in terms of this application. There was a discussion at the last Commission hearing on October 2nd between the chairman and Mr. Walker about the Fair Housing Act, about reasonable accommodation, and about obligations. Mr. Walker used the word that they are obligated to grant the CUP. To translate this, you all have a duty to grant the reasonable accommodation request unless you find that it is an undue burden or somehow fundamentally alters the zoning scheme. The number of people in that house, in that neighborhood, living together as a family is not going to fundamentally alter the zoning scheme because there is a therapeutic benefit to be obtained. The staff report recommends approval of the CUP and as a practical matter we are in favor of this Council approving the CUP; however, we do take exception and we do object to a couple of the conditions. The primary condition that we object to is the imposition of a sprinkler system. One of the other items that the Fair Housing Act makes unlawful is the imposition of terms, conditions, or Lake Havasu City Page 5 Printed on 2/25/2014 City Council Special Meeting Minutes - Final January 21, 2014 privileges that would have the affect of denying housing to a protected class and this is one of the things that the Fair Housing Act always talks about - does the action have the effect of denying housing? The planning staff is saying that because there was some sort of a change in use here, even though the City’s regulations say that if it is a residential care facility that it has to be treated as a residential use of the property. If it is a residential use of the property then the residents who reside there, in this case recovering addicts and alcoholics, who are fully ambulatory and who are not hearing or visually impaired, somehow or another need heightened protection by the imposition of a sprinkler system. The courts have dealt with this issue of sprinkler systems in group living arrangements and it is basically a sliding scale and here we are at the lowest end of a sliding scale because we have individuals who are fully capable of responding to a fire emergency, can use a telephone, can speak, can run out of the house, can yell to other people in the house, and therefore there is a lowered need, to put it mildly, that a fire sprinkler system is necessary. I believe what has happened here is that the planning department and fire department believe that there is a change in use. This usually happens because they say it is no longer a single family use but a group use. They get out their Life and Safety Code, or the International Building Code, and they look under these group use categories and if you are not a single family use you fall under these other categories and they say these are what the fire requirements are for this particular group of disabled people. This is a long way of saying that this is a discriminatory application of not only the imposition of the fire code but in terms of the classification by putting a single family use and a residential use into some other group use that requires additional conditions. I have asked on behalf of the Redmon House, that this requirement be waived. One of the other requirements of concern is the meetings that take place there. I have had discussions with Mr. Walker about it and his position on meetings is not set in stone and he is certainly flexible on that. To sum it up, we are requesting that you approve the CUP and not impose the fire department sprinkler system requirement and also the requirement about contacting the building department for additional modifications. This also gets back to our argument that because there has been a change in use, according the building people and the fire people, there has to be modifications. Our position is because it is a single family use and because the Code says it is a residential use, this particular group of disabled people under the Fair Housing Act is not a need of any additional modifications. The other factored point that I want to make is that our request for reasonable accommodation is ripe; it is ripe for your decision. There is a line of Juris Prudence in the law that says that reasonable accommodation requests must be acted upon immediately and if a request is delayed or there is some reason why it is not being acted upon that is the same as considered to be a denial and if this request has to be dealt with at a later time with somebody else, which is something that we would object to, it would still be a denial because Mr. Walker throughout the two years that he has been trying to get a CUP has been asking for a reasonable accommodation, so it is ripe and it is teed up for you to act upon, and we are requesting that it be granted.” Mayor Nexsen asked if the City requires fire sprinklers with all residential care facilities, to which Division Chief of Fire Prevention/Fire Marshal Chip Shilosky replied yes. He said it is not his code Lake Havasu City Page 6 Printed on 2/25/2014 City Council Special Meeting Minutes - Final January 21, 2014 or the City’s code; however, the City has adopted the International Fire Code. He said the interpretation starts at the building department when the use comes in it is classified at that point. It is then given the direction based off from the submittal, and if it becomes interpretative down the road as it is un-winded then it falls again into various classifications. Mr. Shilosky said per the last standing when the numbers went from 16 or larger, and in- between, down to 5 and less the classification continued to drop; however, what did not drop was the requirement for sprinklers. Mr. Shilosky said he met with Mr. Walker on January 13, 2013, and fully walked through the facility and explained to him what would be the requirements, based on 16 at the time which would have classified him as an I1. He explained that dropping down below any number between 6 and 16 would place him into an R4 classification and anything less than that would place him into an R3 classification. The city has numerous R3’s and several R4’s around town, and all are sprinklered or various stages of sprinklered that the City has allowed based on the requirement to work into progress. It has been consistent and he takes pride in consistently applying this application as interpreted through the International Fire Code. The City is currently in the 2006 edition as well as any appendages that have been adopted within that 2006 to include NFPA. Mr. Shilosky said there are members within the audience tonight that have sprinklers in their homes. The residential code gives you the authority to have jurisdiction what can be eliminated and where sprinklers are placed in terms of square footage. He said areas that are uninhabited, based off of the use, can be exempted from that. Mr. Shilosky reiterated that he walked through with Mr. Walker and gave direction on how the sprinkler system could be installed in the residence. He said the installation is a requirement. Mr. Shilosky stated that he was confused because the moving parts within this submittal indicate that there will be discussion regarding the meetings. He said when he originally met with Mr. Walker they discussed the location that he was going to have his meetings and he gave what would have been the access routes out of that meeting room, which if you look at his original brochure it accommodates 30-plus seating. He said if it is Council’s decision that this is interpreted as a single family residence with multiple visitors, and the meeting comes down and with 15 to 20 people, I think that took it out of the equation so it has to be supported that there will be no meetings except for those that are directly there and there is no outside traffic to come in to indicate that people from the outside will participate. He said the City does impose, although yes they are not drinking or smoking, however, there are fires every year that those categories still apply - called accidents. Accidents still happen and that is where the NFPA code comes in, it is there and the authority having the jurisdiction is there and can enforce that in its entirety. Mayor Nexsen said in Mr. Polin’s letter to the Council he states “The Life and Safety Code states that in existing buildings it is intended that any conditions that represents a serious threat to life be mitigated by application of appropriate safeguards.” Mayor Nexsen asked Mr. Shilosky in his years of experience is fire a significant threat to life, to which Mr. Shilosky replied absolutely. He added that the National Fire Protection Association (NFPA) is a guide of recommended practices that Lake Havasu City Page 7 Printed on 2/25/2014 City Council Special Meeting Minutes - Final January 21, 2014 gives guidelines to go by with commentaries to support. Mr. Shilosky said in this case that is a very true statement and he suggested that as the Council gets into this process if fire sprinkler are omitted then there are other things such as fire extinguishers. Mr. Shilosky stated that Mr. Walker has done that. He added that there are a lot of things that Mr. Walker has done ahead of time including an entrance and exit out of the meeting room and everything was done with that in mind. He said if the City is going to change the game plan, then he would like the opportunity to go back and revisit the requirements based on a safe facility for not only the occupants but for the visitors, and also look at what affect that has on the neighborhood. Mayor Nexsen said in Mr. Polin’s comments he stated that because the people that would reside there would not be visually or hearing impaired that they would not need sprinklers. Mayor Nexsen then asked Mr. Shilosky in his years in the fire department does that mean we have not had any able-bodied people die in their homes due to fire. Mr. Shilosky replied no, he said in 2013 there were no fire fatalities and in 2012 there was one fire fatality. Mr. Lucas Still addressed the Council and said for the record and full disclosure he is a member of the Planning and Zoning Commission and has fully recused himself on this particular issue because he is resident of Wood Lane and is impacted by the traffic that is created from the Redmon House. Mr. Still stated that he has been involved with this process from the beginning because he has knowledge of the zoning issues. He said the neighborhood has come together to realize what the real issues are and he feels that Mr. Walker just does not listen. He explained that the neighborhood has never once said anything about the folks that are going to live there, only that it is going to cause a safety and traffic issue due to a larger number of people living there. He said if there was a normal family living in the home there would be traffic; however, this is something that is greater than that and he has never understood why staff has said this is similar to a nursing home in terms of traffic. There are going to be folks living there who are going to be active in the community, actively pursuing jobs, and going to recovery meetings. Some of them will not have a driver’s license and are going to need a ride which will amount to four or more trips, coming and going, that will drive past his home for one meeting. Mr. Still said there are cones on his street at the corners where his children play and there have been vans that pick up these residents that swerve around the cones making screeching tire noise around the kid cones with a cell phone in one hand cigarette in the mouth. He reiterated that this is a traffic and safety issue. Mr. Still said before it was ever announced to the neighborhood his wife asked what was going on around the neighborhood and they started tracking the traffic to one particular house. He said a few weeks after that they received a letter announcing the presence of the Redmon House. Mr. Still said no one in the community since has had a problem or disagreed with what Mr. Walker has said about the need in the community, but what they do disagree with is the accommodation with such a need. He said there are plenty of R3, R4, and R5 zoned areas that are residential areas that have streets called boulevards. He explained that an increase of 100 cars on a boulevard is not really a big deal; however, an increase of 100 cars on his cul-de-sac, which is Lake Havasu City Page 8 Printed on 2/25/2014 City Council Special Meeting Minutes - Final January 21, 2014 the largest cul-de-sac in town, with 56 people living there, is a big deal. He said when he purchased his home it was a big deal to him that it was a cul-de-sac and that he would recognize the traffic coming by, that most of his neighbors would know that he has kids and they would possibly be playing around the corner and go slow. He said now with the number of people coming and going, they are not necessarily coming all the time, they are not familiar with the neighborhood, and there is now unfamiliar traffic in his neighborhood and if approved that is only going to be exaggerated. Mr. Still said the other huge issue that he has is the way Mr. Walker has handled the process of coming into the neighborhood and starting a sober living home. He said there is certainly a need for it in Lake Havasu, but Mr. Walker admitted today that he raised the funds with the intention to do that, where in other meeting he would not say that. He was asked point blank by the Commission and he would not say whether that was his intention or not. Mr. Still said Mr. Walker wrote letters to people in the neighborhood that said he was going to have a book club and possibly move his mother into the house. Mr. Still explained that he was never clear or never once gave the indication that this was going to be his use and that is just not the kind of character that he would want in charge of such an important issue. Mr. Still said Mr. Walker has not been truthful or honest since day one. Mr. Walker has admitted on the record to putting people’s personal possessions, including their medications, under his supervision which is illegal because he is not licensed by the Arizona Department of Health. Mr. Lucas said his is a huge issue and Mr. Walker has not gone through any of the due diligence to do this. Mr. Still said he believes Mr. Walker might be a person with a big heart that wants to help people out and he commends Mr. Walker for that. Mr. Still said that if the Council allows him to do this then they will be discriminating against anybody else. He said the reason that there are differences in values between RE, R2, R3, R4, and R5 is because there are different expectations. Mr. Lucas said what Mr. Polin was saying about the zoning being changed significantly, yes it will. Mr. Still wanted to clarify that the sale on the corner happened two years before for $5,000 more; he said everybody else with that zip code has gone up 10 to 15 percent and he can prove that with empirical evidence all day long. Mr. Still stated that when you limit demand it generally limits pricing so the argument over whether this hurts pricing may not have much to do with this decision, but it does in my opinion. Mr. Still thanked the Council for their time and said this is very important to his neighborhood and also important to the city and the zoning code in general. Mr. Brian Riley addressed the Council and said that he is a resident and lives on Wood Lane and a neighbor of Mr. Lucas Still. Mr. Riley said the facts of the matter were presented in the two previous Commission hearings and those facts and their objections have remained the same. He stated that Mr. Polin made the statement that there needs to be some compelling financial reason that you should not grant reasonable accommodation. He said the house at 550 Player Lane sold in February 2011, which is the bottom of the market, for $395,000. He added that the same house was marketed for six months last year and sold in November 2013 at $390,000, a decrease of 2 percent. Mr. Riley said the original listing price was not $399,000 but $417,000 which candidly would be more consistent with the actual performance of real estate in the 86406 zip code. He said according Lake Havasu City Page 9 Printed on 2/25/2014 City Council Special Meeting Minutes - Final January 21, 2014 to the real estate data, the median home price in this zip code from that bottom point of February 2011 was $160,000, at the same time that home was sold last year it was $188,000, a 17 percent increase, which is more consistent with the $419,000 original listing price and yet it sold for a 2 percent decrease. He reiterated to the Council that there is an impact in this neighborhood and he is going to lay the duty and obligation to the Council because this is not just a matter of fair housing, this is a matter of property rights. Mr. Riley stated that there is duty and obligation to protect the property rights and property values of the other home owners in the neighborhood. Ms. Laura Smith, resident of Lake Havasu City, addressed the Council and stated that although she does not live in the area where the use is being considered, she does live in an RA zone which would be affected if such use was allowed. Ms. Smith said in 2006 both the Commission and the Council approved removing the term group home from the City Code, Section 14.40.100A, to help eliminate any confusion or misinterpretation; unfortunately, that change was never done in the code books. She said if you look at the definition Mr. Schmeling used it was group home and by rights it was to eliminate the confusion so that this particular section was not used by group homes, whether it was a sober home or any other type of group home. Ms. Smith provided a slideshow presentation that outlined the Commission meeting dates when it was unanimously approved to make the changes in the City Code to not confuse these two sections. Ms. Laura read into following into the record “It is really important because my interpretation when I read Section 14.40.100 is it strictly applied to elderly care and child, whether that was night use or not is not clear in the code section so it could have been for a day use which would be a lot different impact than having a group home or group type living. The glossary was not changed and still needs to be corrected, nor were the tables; all of those are still the same. Why didn’t they use group home? We do have a section in our code currently for group homes, which you think that would fall under this type of a home because you have a group of people living together. They did not use it because it limits the maximum use to five unrelated people which is consistent with our definition of a family, and because it is too rigid to ensure the protection of your low density residential neighborhoods. That did not fall into that category because of the uses that he wanted over and above what a group home is allowed in our community. Residential care homes are intended to have supervisory care with limited medical services. Section A of this ordinance lists child and adult day care and residential homes for the elderly as the types of uses that this section is intended to include. The glossary further clearly defines residential care homes as a use that is intended to be homes for children, the elderly, and people with limited ability of self care. A sober home does not meet this definition. Residential care home also requires licensing per A.R.S. § 36-401(A)21. There would be none of the permanency of community that characterizes a residential neighborhood of private homes if you allow short term living arrangements to preserve the integrity of rural and low density residential areas because room rentals and boarding are not allowed. It is prohibited in the City Code currently. I cannot legally rent my rooms, but I can print out a piece of paper and say I am a sober living home and supposedly now I qualify under residential care homes. We need rules and regulations to say what is a sober home and who is the Lake Havasu City Page 10 Printed on 2/25/2014 City Council Special Meeting Minutes - Final January 21, 2014 protected class, because right now based on §14.40.100, it does not tell you that, there are no requirements. They do not have to have state licenses or anything. RA, RE, R1, & R2 strictly prohibits rooming and boarding completely. So why are we allowing that is one question. We also do not allow boarding houses, vacation houses, bed and breakfast, any type of transient or short term occupancy is not allowed. Multi-family zoning districts where single family dwelling units and room rentals are allowed require that the property owner or primary tenants reside in the home. Based on some of these meetings, it is my understanding he has a place to stay but he does not stay there. A single housekeeping unit means that occupants have common use and access to all living and eating areas, bathrooms, food preparation and service areas. In addition, court cases have recognized that a family represents an intentionally structured relationship between the occupants, implying a permanent long term relationship as opposed to one that is short term or transient. The latter includes rooming houses, half way, and sober drug free living homes where the person is at the home for a defined period and then is required to move to a more permanent living arrangement once they have satisfied their prescribed recovery period or any group of individuals who’s association is temporary or seasonal in nature. The homeowner and manager of the Redmon House is the only one who decides who stays at the home and can have an occupant removed for whatever reason he deems valid. This does not imply a long term relationship between the members staying at this house. Therefore I ask, how does this constitute a family as implied by both speaker of the Redmon and his attorney. Section 14.06.030 allows for the director to determine that a proposed use not listed is allowable. Sober homes result in an increased density as well as increased intensity of use. Sober home residents are not limited in their ability for self care. Sober homes and group type living that do not require a license are currently not addressed within the development code. The differences, impacts, substantial modification to the dynamics of a single family neighborhood are such that sober homes and other non licensed, self help group homes do not meet the required findings of Section 14.06.30 to be considered a similar use within Section 14.40.100. Every future use cannot possibly be addressed in the code so there are going to be times where you have to add a new section and this is one of those times. We need to look at the uses of group homes regardless if it is a sober home or whatever type of group home and say where do we want these in our community, and if we allow them in certain areas, what specific guidelines need to be followed because we do not have that right now. The Redmon House should not be allowed to rent rooms and conduct business in a low density residential area under the guides of a protected class. Room rentals are prohibited in RE; therefore, it is a business use of renting rooms that is one of many reasons why the CUP should be denied. The impact of room rentals, conducting business meetings, and running a business in a residential area are known. That is why we have a section in our code that specifically addresses business uses in residential areas and there are a lot of requirements. The request for the CUP should be denied.” Ms. Smith said there was a comment that you have to allow the use because of a reasonable accommodation, which she did a lot of research on; however, it was her understanding that the Council was strictly addressing the CUP. She said she would have brought it if she would have Lake Havasu City Page 11 Printed on 2/25/2014 City Council Special Meeting Minutes - Final January 21, 2014 known it was going to be brought up. Ms. Smith said a City is not required to give it just because they ask for it and they must have justification. Mayor Nexsen stated the item tonight is just the CUP. Ms. Smith concluded with asking the Council to deny this item based on the things she stated tonight. Mr. Trent Timothy, designated broker for Time Real Estate, addressed the Council and said he heard comments from the other speakers regarding the home sale at 550 Player Lane. Mr. Timothy said he talked with the agent when the under-contract went on MLS, and the agent indicated that she had no idea the Redmond House even existed. He said the agent also stated that she sold the house initially to the first buyers and the $5,000 discrepancy had nothing to do with it. Mr. David Sink, resident at 590 Player Lane, addressed the Council and stated that he and his wife have lived there for 20 years. He added that they lived there when the house was built and he was asked to speak about parking on the street. He provided the Council with pictures of cars parking on the street on a Thursday night AA meeting held at the Redmon House. Mr. Sink said he was not aware if Mr. Walker is qualified to be an AA agent or if he is an agent or licensed to have AA meetings but they occur every Thursday night and there are a lot of attendees. Mr. Sink said the only thing that he has wondered throughout the process is regarding Mr. Walker’s comments about doing a lot of landscaping. Mr. Sink stated that the plants there today are the same plants that were there when the house was built. He added that the only time they have been pruned was when Mr. Walker moved in. Mr. Sink added that the Commission meetings have also been posted out in Mr. Walker’s yard. He explained that there is no landscaping other than the three buses and the tree. The lot that Mr. Walker stated he cleaned and hauled trash from was just some bushes and prior to that lot being fenced off Mr. Walker was using it for parking and horseshoe pits for the guests. Mr. Sink stated that he did not want to get into any discrepancies with Mr. Walker as they are amicable and do not see much of each other. Mr. Sink stated that he just does not understand as a homeowner how there can be a business in the neighborhood. There being no further comments, Mayor Nexsen closed the public hearing. Councilmember Callahan asked Ms. Garry if any of the comments made by Ms. Smith have any bearing on the situation, to which Ms. Garry said as previously discussed the City is aware that there are some issues with the City Code with respect to group homes and residential care homes, what should or could have been removed really is not an issue for you to consider tonight. Ms. Garry said the fact is it wasn’t and what is currently in the code is what we have to apply and what we work with. Ms. Garry stated that the application before the Council is for a CUP so that is what the Council is considering. She advised that the Council is not considering a group home; therefore, the comments are not going to be pertinent to Council’s decision. She said as far as some of the other uses, staff analyzed this and determined that the application or the use that is being applied for in the application is equivalent to a residential group home and that it meets all of the requirements that is required to meet underneath the current code. Lake Havasu City Page 12 Printed on 2/25/2014 City Council Special Meeting Minutes - Final January 21, 2014 Mayor Nexsen asked Mr. Walker for clarification on the issue of whether this a boarding house, to which Mr. Walker replied that there is no issue because it is not a boarding house. Mayor Nexsen asked if room and board is collected; to which Mr. Walker replied no. Mr. Walker said they have donations to a 501C3 charity to support the house and its expenses. Mayor Nexsen asked who would be the typical people donating, the people living at the home or not living at the home, to which Mr. Walker replied that people living at the home could not donate to a house if they received any real good or service. Mr. Walker explained that it was local churches, family members, and those that have given scholarships to people that they think are worthy. Mayor Nexsen asked if the people residing there donate towards the up-keep of the home, to which Mr. Walker replied no it is not a donation if they do support the expenses. Mayor Nexsen then asked if any of the residents support the expenses, to which Mr. Walker replied by their labor and by money yes. Mayor Nexsen asked then why that is not considered room and board, to which Mr. Walker referred the question to his attorney. Mr. Polin said people need to pay to live there. He added that in any sober living environment whether it is an Oxford House or whether it is any of the houses in Newport Beach, California, people pay to live in a sober living environment. He said they do that because it is important for them to be responsible for the up-keep of the house. Mr. Polin stated that it is disguisable from a rooming and boarding house because the residents of Redmon House live together as a family. Mr. Polin said he had breakfast with them this morning and there is a therapeutic benefit to be gained. He said they are living there for the sole purpose to recover from the recovery process of being an addict and alcoholic and learn how to be a responsible, productive member of society because that is all we want from people who have drug and alcohol problems. We do not want them to be a burden on society. He said we want them how to function, as you function and I function and the other people in this room function, go out and have a job and to grab for the brass ring and live the American dream. One of the ways that this is accomplished for people who have drug and alcohol problems, they go to rehab, who have lost things, or maybe never even had things, is to live in an environment such as what is being offered by the Redmon House. They do it one day at a time and they learn how to stay sober and they learn how to deal with life’s problems without the resort of drugs and alcohol and they learn how to live on life’s terms. They learn how to be good neighbors, to be respectful of other people and that is what we want from people who have had these kinds of problems. He said we do not want them to be a burden on social services, or part of the criminal justice system, we do not want the health care industry being burdened being by them and we do not want the tax payers having to pick up the tab for them being rushed to the emergency room when they are indigent. They learn how to stay off from drugs, stay off alcohol, pay their own bills, go out and get a job, and get up in the morning to keep that job, they learn if they get up at 6 o’clock in the morning and take a shower and eat breakfast and go to work on time and be a good employee, after five days they get a paycheck. For some people this is a new behavior and for some people this is re-learned behavior but it is important. Mr. Polin stated that one of the benefits Lake Havasu City Page 13 Printed on 2/25/2014 City Council Special Meeting Minutes - Final January 21, 2014 that the community of Lake Havasu City is experiencing is that there is no other type of housing for recovering addicts and alcoholics other than what is being offered by the Redmon House. He said, in our view, this is beneficial to the community. He stated that this is not a rooming and boarding house, because they expect people to pay rent or to pay expenses, however you want to characterize it, as a family and not a rooming and boarding house. Mayor Nexsen said earlier Mr. Walker said that it would be very rare to have more than four or five at the home, to which Mr. Polin replied at the present time there is because Mr. Walker has been keeping it to five or fewer because that is what the City Code says is legal, having five or fewer unrelated persons living together. Mayor Nexsen said then Mr. Walker’s statement does not really relate to the future it simply relates to the City Code as present, to which Mr. Polin replied that is why Mr. Walker has an application for nine. Mayor Nexsen said that was his initial question because Mr. Walker said he asked for nine but it would be rare that he would have more than four or five. Mayor Nexsen said his question is then why ask for nine when you can have four or five, to which Mr. Polin replied that four or five just does not work because there are issues therapeutically because there is not a core group. Mr. Polin said in his particular case Mr. Walker estimated that 20 people could live, which in his opinion 20 people could live, there but I do not think that is appropriate for a single family neighborhood. Mr. Polin explained that what they have learned over the years, especially with some of his other clients, is that between eight and twelve are the optimal numbers and they are optimal for a couple of reasons in terms of getting a therapeutic benefit. One reason is that there is the concept of sharing a bedroom because it is important for people new in recovery to share a bedroom because it deals with the addict or alcoholics deadliest enemy which is loneliness, and two, it increases the chances that in any given time during the day somebody is home so if somebody comes back from work or is out or gets a phone call from a girlfriend saying it is over and they get really upset there is somebody there to talk to as opposed to saying I know how to deal with this, I am going to go find next crack dealer out there or the next meth dealer and I will deal with my problem, or go down to the bar and deal with it like that. Mr. Polin said in terms of peer support, getting feedback, and having newcomers as opposed to people who have been there a longer time, when you have eight or nine people there with various lengths of what we call “clean time”, people with more experience, it helps. He explained that the newcomer gets help and sometimes the newcomer helps the person who has been around awhile because they have a fresh perspective. He said that is why it works better when you have eight or nine as opposed to four and of course it relieves the burden financially. Mayor Nexsen said Mr. Walker stated that the house has been operating roughly for two years, to which Mr. Polin stated that was correct. Mayor Nexsen asked for the average length of stay of a resident. Mr. Walker said to address Mayor Nexsen’s first question he did not state that there would be four to five always but that would be an average, which would be reasonable occupancy. He explained that the average is four or five in measure of tenancy. Mr. Walker said as far as the Lake Havasu City Page 14 Printed on 2/25/2014 City Council Special Meeting Minutes - Final January 21, 2014 term donation, he took the term to be specific. Mayor Nexsen said he used the term that Mr. Walker used with him. Mayor Nexsen asked Mr. Walker for the average length of stay of one of the residents, to which Mr. Walker replied that it is bimodal. He explained that there can be six months in one central tenancy and six weeks on another. He stated that he does not have an average calculated as it varies with the individual. Mr. Walker said with five or fewer in the house for that length of time, there is really not a lot of data for an accurate average. He explained that people come and either stay because they are doing well, or are dismissed or leave of their own volition. Ms. Garry said she would like to address one thing that was brought up by Mr. Polin and unfortunately the objection did not come until just now but there was discussion both verbally and in e-mails about the nature of what the meeting was going to be. She said it was her intent and her suggestion that the Council consider tonight only the appeal related to the CUP. Ms. Garry stated that had she known about the objection related to the reasonable request prior to that we might have been able to work something differently. She said unfortunately at this point in time that is not on the agenda and the City Council may not consider that pursuant to open meetings laws and by doing so you could subject yourself to litigation certainly from other parties. Ms. Garry said there have been discussions about reasonable accommodation and the City Council is aware of what has been requested, aware of the cases and the laws surrounding reasonable accommodation and she said she knows that the Council is thinking about reasonable accommodation when you are going make your decision tonight. Ms. Garry said the Council is just not going to make the decision related specifically to the reasonable accommodation. Ms. Garry said the purpose for setting up these separately was to allow this process to occur and to allow the neighborhood and the citizens to come and have input into the CUP. She said it was her hope that we could come to a resolution and both sides could walk away happy because in the scheme of everything that is what would be best for the neighborhood. Ms. Garry said she did not know if that would happen tonight or not but she wanted to give that the opportunity and that is why she wanted to address reasonable accommodation under a separate process which again was not objected to until tonight where you were threatened and told that you have to make that in a quick manner otherwise that is deemed denied. Ms. Garry advised that by no means was her intent and she did not believe that is the City Council’s intent and it is very unfortunate that if that is seen by the other side as that, that was not at all the intent. She again stated that unfortunately the City Council is limited to only considering the CUP tonight. Mayor Nexsen asked if there have been any discussions amongst the two parties to come to some compromise. Mr. Riley addressed the Council and said he, another homeowner, and Mr. Walker, along with one of Mr. Walker’s directors, had coffee approximately three weeks ago at the request of the City Lake Havasu City Page 15 Printed on 2/25/2014 City Council Special Meeting Minutes - Final January 21, 2014 Attorney that they might find some possible avenue of accommodation or compromise. He said during the meeting they outlined six potential areas; traffic, parking, meetings, supervision, residency, and occupancy level and it did not seem at that time that they could reach a compromise. He advised that they are both still both open to having further conversations, but at this point in time he is asking for something that the neighborhood is unwilling to accommodate. Mayor Nexsen asked if there was ever any discussion of meeting in the middle between five and nine. Mr. Riley said he asked Mr. Walker the question as to what minimum number of residents he felt he would need in order to accomplish his objective of helping a few men and he said nine and he was not willing to entertain any number less than nine. Mr. Riley said obviously the neighborhood is shocked about what they have already had to endure over the last couple of years but they are probably more willing to accept or certainly seen what a level of five residents can do. He said that he is not in a position to agree to five in terms of the neighborhood because he has not had an opportunity to discuss that with the neighbors. Councilmember Brister moved to adjourn to executive session. Motion failed for lack of a second. Councilmember Alger asked what research was performed prior to the purchase of 575 Player Lane to operate as a residential group home or sober living facility, and asked Mr. Walker what made him purchase at that location. Mr. Walker said the house was for sale and met the requirements. He said it was the largest one that he looked at. He said he looked at it six months before he bought it. Mr. Walker further explained that he thought it was an unusual house, and he did not think it would be available by the time he was ready to do this. He said by a series of consequences that he had no part in, it was available and he bought it. Councilmember Alger asked if Mr. Walker bought it prior to doing research, to which Mr. Walker said no. He said he looked to see what kinds of houses were available in Lake Havasu City. Mr. Walker said this presented itself as a house for sale at the high end of size and the high end of number of bedrooms. He explained that it was for sale for a number of months before he was really ready to do anything. He said he thought it would not be for sale but it turned out it still was. Councilmember Alger asked if the house had been listed for a year and a half prior to his purchase, to which Mr. Walker said he believed that was the case. He said the house was empty for about a dozen years out of the twenty years of its existence so of course there is more traffic than when it was empty. Councilmember Callahan asked if any of the information presented tonight preclude this home meeting the requirements of a residential care home, to which Ms. Garry replied no, not in her opinion. She said as far as being determined as an equivalent to a residential care home, no. Ms. Lake Havasu City Page 16 Printed on 2/25/2014 City Council Special Meeting Minutes - Final January 21, 2014 Garry said that may be a good question for Mr. Schmeling, if any of the information heard would change his mind as far as his determination. Ms. Garry stated that there was nothing new presented that has not been heard at the two previous Commission meetings. Councilmember Callahan asked Mr. Schmeling if there was any information presented tonight that changed his mind, to which Mr. Schmeling replied no. He said he felt the residential care home definition was still the most appropriate definition to apply in this situation. Councilmember Callahan moved that the City Council approve this CUP with the condition that the comments made by the City Fire Marshal are implemented to whatever degree he feels is adequate. Mayor Nexsen asked if that was the only condition because there were certain conditions already. Councilmember Callahan amended the motion to include the additions of the conditions that were already in place by staff. Ms. Garry asked Mr. Schmeling for the slide that contains the conditions that were previously recommended. Mr. Schmeling listed the following three conditions that were stated originally to the Commission: 1) In order to minimize potential negative impaction on the neighborhood meetings shall be prohibited. 2) Contact the Fire Department regarding a permit for fire sprinkler system. 3) Contact the Building Division regarding any modifications made to the house to accommodate the proposed use. Councilmember Callahan moved that the City Council approve the CUP with the conditions that staff recommended: in order to minimize potential negative impact on the neighborhood meetings shall be prohibited, contact the fire department regarding a permit for fire sprinkler system, and contact the building division regarding any modifications made to the house to accommodate the proposed use; and in addition to that any recommendation by the Fire Department or by the Fire Marshal be accommodated. Motion seconded by Councilmember Barlow. Councilmember Alger asked if the motion needed to specify the number of people living in the house, to which Mayor Nexsen advised that the CUP is granting up to nine residents. Ms. Garry confirmed that motion would include up to nine. Ms. Garry stated that she would also like the City Council to consider clarifying the meetings Lake Havasu City Page 17 Printed on 2/25/2014 City Council Special Meeting Minutes - Final January 21, 2014 portion of that motion. She said right now as it reads it says meetings shall be prohibited and does not clarify internal meetings or public meetings. She said she thought the City Council needed to consider that. Councilmember Barlow questioned if the applicant understands the significance of the first condition, to which Mr. Polin said their understanding of number one is that it is a prohibition of having the weekly AA meetings. He said he did not see legally how the City could prohibit internal meetings in the house; therefore, their understanding is that only goes to the issue of the weekly AA meetings. Ms. Garry said Mr. Polin mentioned that Mr. Walker may be flexible about the meetings. She asked if Mr. Polin could expand on that at all since this is obviously a huge point and any dialogue may be helpful. Mr. Polin said he and his client have discussed the issue of the AA meetings and about the number of people that come there, whether it is necessary for the operation of the Redmon House to have these AA meetings. Mr. Polin explained that the primary purpose of the Redmon House is to help these men recover. Mr. Polin excused himself for a moment to speak with his client. Mr. Polin said Mr. Walker has indicated at a minimum, before he makes a decision to whether he should forgo, he is willing to reduce the number of people that come to an AA meetings. Mr. Polin stated that there are approximately 20 or 30 that may come on a weekly basis and he is willing to reduce that. Mr. Polin advised that this is part of what he referred to in terms of the flexibility; however, before Mr. Walker can make a final decision as to whether or not it is absolutely necessary, he and I feels that this needs to be discussed with his board. Mr. Polin said Mr. Walker understands there is an impact and understands it may not be absolutely necessary to what the mission of the Redmon House is. Mr. Polin said at this point, Mr. Walker is willing to do something to at least reduce any impact on the neighborhood without saying we are not going to have them. Councilmember Callahan asked what impact do the meetings have on the Redmon House, to which Mr. Polin said the concept of sober living and the concept of sober living environments is sort is a reflection of what takes place at an AA meeting. He explained that in the 1930’s Bill Wilson and Dr. Bob Smith founded AA. He said they were two drunks that met per happenstance in Akron, Ohio and they talked all night and realized that by two drunks talking to each other and talking about their common experiences of alcoholism this could relief their desire to drink and would lead them to a spiritual awakening which forms the foundation of AA. Mr. Polin said what he has discovered, particularly in working with the Oxford House, is that this concept of two addicts or alcoholics talking to each other carries over into an Oxford House or a Lake Havasu City Page 18 Printed on 2/25/2014 City Council Special Meeting Minutes - Final January 21, 2014 Redmon House or some other type of sober living environment where when stuff goes on, it is important for addicts and alcoholics to be able talk. He added that by having an AA meeting, the residents are able to share the experiences of other people in the recovering community as to how to deal with AA and their addiction. It is often said to the new comer in AA and NA if you go to 90 meetings in 90 days, at some point you will hear your story. By doing that it is hoped that by hearing someone else tell their experience which is almost nearly identical to yours, a light bulb will go off and an epiphany will happen or a spiritual awakening will occur. With the sober living and the Redmon House that is sort of the benefit we feel or that Mr. Walker has gotten from these meetings; however, the flip side of the coin is that sober living is the number one priority. One of the things that he has learned over the years in representing sober living environments is that these houses flourish in good neighborhoods and part of it is what he has talked about before in terms of the values. He said it is also away from the bars, it is away from the drug market, it is also away from the drug dealers and it gives everybody a sense of what can be obtained when one lives a sober lifestyle and wants to be a responsible member of society. It is also important in these sober living environments that everyone is a good neighbor and it is doubly important that Mr. Walker and the residents of the Redmon House be good neighbors. Mr. Polin said it pains him to sit and listen to the objections of the neighbors as to why Redmon House is not welcome in the neighborhood. He said if a reduction in the number of people that come to Redmon House for an AA meeting is a step in the right direction in the terms of alleviating the impact in the neighborhood and alleviating any negative feelings that may occur, then that is the step that they will take. He said Mr. Walker needs to talk to his residents of the board about absolutely doing away with the meetings but I think that is the step they are moving in, and ultimately what Mr. Walker wants to do is be a good neighbor. Mayor Nexsen said as Mr. Polin pointed out the first AA meeting took place in Akron, Ohio so apparently location is not crucial, to which Mr. Polin responded true, they do happen wherever. He added that sometimes having the AA meeting in your own living room brings comfort and benefit and a step towards recovery; however, if it is disruptive in the neighborhood then Mr. Walker is willing to examine that. Councilmember Callahan asked why the residents of the Redmon House cannot go to another facility to accomplish the meetings, to which Mr. Walker said that it speaks to normalization in that a normal residence would prepare for hospitality, would prepare for a barbeque, would have guests in, would interact with them in a normal nature, would clean up afterwards and would welcome them and that is what they are attempting to do with the meetings at the house. Mr. Walker advised that they would be willing to forgo meeting at the house on a regular basis as they are having now. Councilmember Alger said she wanted to clarify that by eliminating the regular meetings there would be no more traffic except for the people in the house, which would be up to nine residents. Mayor Nexsen said it would be the impact of those living at that facility. He added that the Council heard commentary that some residents do not have vehicles so it doubles the number of trips. Lake Havasu City Page 19 Printed on 2/25/2014 City Council Special Meeting Minutes - Final January 21, 2014 Ms. Garry said it is difficult to make a solid determination without having gone to the board yet; however, she thought that the City Council could come up with some reasonable guidelines if they chose to have this as one of the conditions. She said if the condition is not acceptable to the Redmon House that is something they can address through the reasonable accommodation process. Councilmember Callahan asked if the Council could add the condition that they are not able to do anything more than the quarterly meetings, to which Mayor Nexsen advised that right now the condition states that the meetings are prohibited. Mayor Nexsen stated that Councilmember Callahan made the motion and he has the option to change that motion to include any conditions he feels are appropriate. Councilmember Callahan stated that he did not want to amend or change his motion. Councilmember Barlow said it was his understanding, much like Councilmember Alger said, that having condition one there seemed to me a reasonable compromise to what is happening there now without going into all the other reasons for having the house to begin with. Councilmember Barlow said he feels the goals that they have there are good and reasonable, but at the same time the people that live in that area have reasonable expectations about the living conditions that they have and the fact that they are living there at all is indicative of the neighborhood and they do not want it. He said he felt this was a compromise that he thought might work. Mayor Nexsen asked what happens if the vote is “nay”, does the Council need to have another motion or does that mean denial of the permit. Ms. Garry replied that further motions can be made with different conditions or different motions. The motion failed by the following vote: Aye: 2 - Councilmember Barlow and Vice Mayor Callahan Nay: 5 - Mayor Nexsen, Councilmember Alger, Councilmember Brister, Councilmember Coke and Councilmember McAtlin Mayor Nexsen stated that was not denial of the CUP and the City Council still needed to continue, to which Ms. Garry replied that was correct. She said at some point the City Council is going to have to make the determination if you are going to uphold the Commission’s decision or not and that is what the motion is going to have to be. Ms. Garry said if the Council is still trying to find the conditions it could take a couple of motions to figure out where everybody might be comfortable with whatever the proposed conditions are for approval. Councilmember McAtlin moved to uphold the Planning Commission’s decision to deny land use application 14-00300002 to allow residential care homes for up to nine residents at 575 Player Lane in the RE, Residential Estates, zoning district for the reasons cited by Lake Havasu City Page 20 Printed on 2/25/2014 City Council Special Meeting Minutes - Final January 21, 2014 the Commission in their denial, seconded by Councilmember Brister. The motion carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Alger, Councilmember Brister, Vice Mayor Callahan, Councilmember Coke and Councilmember McAtlin Nay: 1 - Councilmember Barlow Mayor Nexsen said based on the voting result that means the conditional use permit is denied. 6. FUTURE MEETINGS Tuesday, January 28, 2014 @ 6:00 P.M. - Regular Meeting 7. ADJOURN Upon motion by Councilmember Coke and seconded the meeting adjourned at 6:44 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 21st day of January, 2014. I further certify that the meeting was duly called and posted, and that a quorum was present. ____________________________________ Kelly Williams, City Clerk Lake Havasu City Page 21 Printed on 2/25/2014