City Council

Lake Havasu City Mayor Mark S. Nexsen Vice Mayor Don Callahan Lake Havasu City Police Facility Councilmember Crystal Alger 2360 McCulloch Blvd North Councilmember David McAtlin Regular Meeting Minutes - Final Lake Havasu City, Arizona 86403 www.lhcaz.gov Councilmember Dean Barlow Councilmember Donna Brister Councilmember Jeni Coke City Council Tuesday, October 14, 2014 6:00 PM Regular Meeting 1. CALL TO ORDER Mayor Nexsen called the meeting to order at 6:00 p.m. 2. INVOCATION: Pastor Lan Blair, Sr., Abundant Grace Church Pastor Lan Blair, Sr., from Abundant Grace Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE The mayor led in the Pledge of Allegiance. 4. 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 5. CALL TO THE PUBLIC There were no requests to address the City Council. 6. CONSENT AGENDA 6.1 ID 14-0512 Approval of the September 23, 2014, City Council Work Session and Regular Meeting Minutes 6.2 ID 14-0520 Adopt Resolution No. 14-2872 Abandoning the Northern 8-foot by 77.80-foot Portion of the 20-foot by 81.76-foot Public Utility and Drainage Easement Along the Southern Property Line of Tract 2320, Block 2, Lot 1/ John Wirt. 6.3 ID 14-0534 Adopt Resolution No. 14-2873 Approving Community Restitution Program Statement of Understanding with Mohave County Probation Lake Havasu City Page 1 Printed on 10/29/2014 City Council Regular Meeting Minutes - October 14, 2014 Final Department 6.4 ID 14-0532 Recommend Approval of a Special Event Liquor License Application for the Twisted Metal Cycle Shop 3rd Annual Customer Appreciation Day on November 15, 2014, at 124 North Lake Havasu Avenue #101 / Funk 6.5 ID 14-0533 Recommend Approval of a Special Event Liquor License Application for the Havasu Realtors Charitable Assistance Foundation, Inc. Fundraiser on December 5, 2014, at 2293 Swanson Avenue / Pfeifer 6.6 ID 14-0511 Call for Executive Session Pursuant to A.R.S. 38-431.03(A) 4:00 p.m. Tuesday, October 28, 2014 Councilmember McAtlin moved to approve the Consent Agenda as presented, seconded by Councilmember Barlow, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Barlow, Councilmember Alger, Councilmember Brister, Vice Mayor Callahan, Councilmember Coke and Councilmember McAtlin 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 14-0425 Lake Havasu City Convention & Visitors Bureau Quarterly Update Mr. Doug Traub, President/CEO of the Lake Havasu City Convention & Visitors Bureau, reviewed the top five highlights of the 1st Quarter, July through September 2014, as follows: #5 – Tri-City Tourism Brochure Published #4 – Local Public School Education Programs Launched #3 – Phoenix TV Ad Campaign #2 – Bass Master Elite Series Fishing Tournament Secured #1 – London Bridge Defended in National Media Mr. Traub reviewed the CVB’s electronic marketing progress: o Facebook Fans Break 50,000 “Likes” o Website Unique Users o E-Newsletter Subscribers 7.2 ID 14-0509 Announce Vacancies on Lake Havasu City Boards, Committees, and Commissions City Clerk Kelly Williams announced the current vacancies for various Lake Havasu City Boards, Committees, and Commissions. Lake Havasu City Page 2 Printed on 10/29/2014 City Council Regular Meeting Minutes - October 14, 2014 Final 7.3 ID 14-0510 City Manager’s Report City Manager Charlie Cassens reported on the following: o Human Resources Quarterly Retirement Announcement through December 31, 2014 Matthew Kelly, Maintenance Services, 13 years of service. Tim Ryan, Fire-Suppression, 30 years of service. Linda Leuck, Administrative Services-Customer Service, 22 years of service. Nettie Sloma, Administrative Services-Customer Service, 15 years of service. o On September 30, 2014, Mayor Mark S. Nexsen, and the Lake Havasu City Police Department in partnership with Havasu Abuse Victims Education Network (H.A.V.E.N.) Family Resource Center launched the “Start By Believing” Campaign in Lake Havasu City with a proclamation ceremony and showcased an awareness video. “Start By Believing” is a public awareness campaign focused on the public response to sexual assault. A short video was presented. Mr. Cassens said the Police Department will showcase their support for this campaign with stickers on all of their vehicles to raise awareness and improve the community’s response to sexual assault. The strong partnership the Lake Havasu City Police Department has with victim service providers within the community ensures that they respond appropriately to all victims of abuse and most importantly start by believing. He thanked Mary Lou O’Connell at H.A.V.E.N., Chief Dan Doyle, and Sergeant Troy Stirling for bringing this program to our community. o Since the last report of September 23, 2014, Code Enforcement staff has received 37 new complaints, performed 38 initial complaint inspections, 54 re-inspections, sent 22 violation notices, and closed 32 cases. There are currently 40 active and open cases. o The Community Center Kitchen Project has been 20 years in the making. It was designed, but not as equipped as it is today. In the event of a disaster such as we had over the summer with the south side electricity being off for days, officials can now use the facility as an emergency shelter and have the ability to prepare and serve food in an approved commercial kitchen. In addition, the kitchen can be rented out for special occasions making it beneficial to all. The Maintenance Services Division and Community Services Department that worked on this project did an outstanding job. Their knowledge and hard work have produced a facility we as a community will benefit for years to come. Special thanks to Gary Parsons, Mark Clark, Ken Porosky, John Wolter, Mark Partida, Jeff Marra, Duane Thornton, Rick Danesi, Troy Peach, Thomas Cooke, Tim Baker, Josh Carter, Thad Eckland, Greg Froslie, Dan Keyes, Swan Cooke, Cheri Kowalski, Jeff Thuneman, Tom Chiesa, and Pedro Marquez-Soto. o The landscape project on SR95 from Mulberry to the Water Safety Center was advertised October 1st and the bid opening is on November 7th. Arizona Department of Transportation expects that the award will be at the December Board meeting and construction would begin in January. o Special Events: - Fall Fun Fair will be held on October 18th from 3:00 p.m. to 8:00 p.m. at Rotary Community Park. Lake Havasu City Page 3 Printed on 10/29/2014 City Council Regular Meeting Minutes - October 14, 2014 Final - Taste of Havasu will be held in the London Bridge Plaza parking lot on October 21st from 5:00 p.m. to 7:30 p.m. - The Youth Talent Show will be held on the stage under the London Bridge on October 23rd from 6:00 p.m. to 9:00 p.m. - The Mohave Community College Block Party will be held on the stage and surrounding area under the London Bridge on October 25th from 11:00 a.m. to 4:00 p.m. - The London Bridge Days Parade will be held on October 25th at 10:00 a.m. - The London Bridge Days Lake Havasu Firefighters Charity Pumpkin Festival will be held on the lot across from the Aquatic Center on October 25th and 26th from 11:00 a.m. to 6:00 p.m. Councilmember McAtlin thanked Mr. Cassens and staff for their effort in renovating the Community Center kitchen. Mayor Nexsen thanked Mr. Cassens for showing the very powerful video “Start By Believing.” 8. PUBLIC HEARINGS 8.1 ID 14-0470 Series #12 Liquor License, Vinnie’s Pizzeria, 2061 Swanson Avenue/Binsack Ms. Williams said staff recommends that the City Council recommend approval of a Series #12 Restaurant Liquor License for Vinnie’s Pizzeria located at 2061 Swanson Avenue. She said all posting requirements have been met, all fees have been paid, and no objections were received. Ms. Williams added that a liquor license was previously held at this location. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Callahan moved to recommend that the Arizona Department of Liquor Licenses & Control approve a Series #12 Liquor License for Vinnie’s Pizzeria, 2061 Swanson Avenue, seconded by Councilmember Barlow, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Barlow, Councilmember Alger, Councilmember Brister, Vice Mayor Callahan, Councilmember Coke and Councilmember McAtlin 8.2 ID 14-0487 Series #10 Liquor License, London Bridge Chevron, 1597 McCulloch Boulevard/Choi Ms. Williams said staff recommends that the City Council recommend approval of a Series #10 Beer and Wine Store Liquor License for London Bridge Chevron located at 1597 McCulloch Boulevard. She said all posting requirements have been met, all fees have been paid, and no objections were received. Ms. Williams added that a liquor license was previously held at this location. Lake Havasu City Page 4 Printed on 10/29/2014 City Council Regular Meeting Minutes - October 14, 2014 Final Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Barlow moved to recommend that the Arizona Department of Liquor Licenses & Control approve a Series #10 liquor license for London Bridge Chevron, 1597 McCulloch Boulevard, seconded by Councilmember Alger, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Barlow, Councilmember Alger, Councilmember Brister, Vice Mayor Callahan, Councilmember Coke and Councilmember McAtlin 8.3 ID 14-0499 Series #06 Liquor License, Pennington’s Pub, 29 Acoma Boulevard South/Pennington Ms. Williams said staff recommends that the City Council recommend approval of a Series #06 Liquor License for Pennington’s Pub located at 29 Acoma Boulevard South. She said all posting requirements have been met, all fees have been paid, and no objections were received. Ms. Williams added that a liquor license was previously held at this location. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Brister moved to recommend that the Arizona Department of Liquor Licenses & Control approve a Series #06 liquor license for Pennington’s Pub, 29 Acoma Boulevard South, seconded by Councilmember Coke, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Barlow, Councilmember Alger, Councilmember Brister, Vice Mayor Callahan, Councilmember Coke and Councilmember McAtlin 8.4 ID 14-0524 Consent to Assignment and Assumption of Lake Havasu Municipal Airport Fixed Base Operator Lease Site 4 from D2 Aero to Desert Skies Executive Air City Attorney Kelly Garry advised that this item requests Council’s consent for assignment for the Site 4 Lease. Ms. Garry said in 2008 the City entered into a lease with D2 Aero for Site 4 which is a 30-year lease with a 10-year option to renew. She said D2 Aero wishes to assign their master lease to Desert Skies Executive Air which is a current Fixed Base Operator (FBO) at the airport that operates out of Site 3. Ms. Garry said in accordance with Section 29 of the master lease, the City’s consent is required in writing in order to assign the leasehold, and added that consent cannot be unreasonably withheld, conditioned, or delayed. Ms. Garry explained that Desert Skies Executive Air wishes to develop Site 4 in accordance with the next item on the agenda if this is approved. Lake Havasu City Page 5 Printed on 10/29/2014 City Council Regular Meeting Minutes - October 14, 2014 Final Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Alger said it was her understanding that it is within D2 Aero’s lease agreement to appropriate the lease to whomever they would like to within their rights as long as they are not in default of their lease agreement. Ms. Garry said it was asked why the City would not go out for a Request for Proposals (RFP) instead of approving the assignment, and the answer to that is the City is currently in a lease agreement with D2 Aero and as a term of that lease, is the assignment. She said D2 Aero has the right to assign, with the consent of the City, and the assignment cannot be unreasonably withheld. She said in order for there to be any sort of option to do an RFP, the City would have to terminate the existing lease, and advised that the Council not terminate the lease without any cause. Mayor Nexsen asked if all of the leases have the same provision, to which Ms. Garry replied yes to some degree. Ms. Garry added that the language may be a little different in each lease but they all have an assignment feature that requires approval of the City in some form. Councilmember Callahan moved to consent to the Assignment and Assumption of the Lake Havasu Municipal Airport Fixed Base Operator Lease for Site 4 from D2 Aero, L.L.C., to Desert Skies Executive Air, L.L.C., seconded by Councilmember McAtlin, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Barlow, Councilmember Alger, Councilmember Brister, Vice Mayor Callahan, Councilmember Coke and Councilmember McAtlin 8.5 ID 14-0525 Approve Addendum No. 4 to Lake Havasu Airport Fixed Base Operator Lease Site 4 with Desert Skies Executive Air Ms. Garry said now that Site 4 has been assigned to Desert Skies Executive Air, the City has a new FBO leaseholder in place for Site 4 and said because Desert Skies Executive Air has a different Site Plan than what was initially presented by D2 Aero, this addendum is necessary to match the Site Plan of Desert Skies Executive Air. Ms. Garry added that in order to carry out their new plan; they requested a couple more months to complete the last milestone which is paving of the ramp. Councilmember Callahan asked what the time schedule was for the buildings and the ramp, to which Ms. Garry replied that the only milestone in the current leasehold is for the ramp paving. She added that this addendum extends the due date from January 31, 2015, to March 31, 2015. Mayor Nexsen stated his understanding was that they wanted to build the buildings first and then lay the pavement so that they do not destroy the pavement, to which Ms. Garry stated that was correct. Mayor Nexsen opened the public hearing. Lake Havasu City Page 6 Printed on 10/29/2014 City Council Regular Meeting Minutes - October 14, 2014 Final Mr. Darin Craig addressed the Council and said he received an email that included receipts for the hangar buildings, and added that it did not make a lot of sense to pave the area and then track it up with cranes when installing the hangar buildings. There being no further comments, Mayor Nexsen closed the public hearing. Councilmember Brister moved to approve Addendum No. 4 to the Lake Havasu Airport Fixed Base Operator Lease dated October 28, 2008, and authorize the City Manager to execute the Addendum on behalf of the City, seconded by Councilmember McAtlin, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Barlow, Councilmember Alger, Councilmember Brister, Vice Mayor Callahan, Councilmember Coke and Councilmember McAtlin 8.6 ID 14-0521 Adopt Ordinance No. 14-1117 Request for a Rezoning of Tract 2289, Block 5, Lots 12 and 13; 3340 and 3350 Osborn Drive from R-4, Multi-Family Residential, to C-2, General Commercial Senior Planner Stuart Schmeling said this item is regarding the vacant lots located on the south end of town off Highway 95 at the corner of Sweetwater Avenue and Osborn Drive. Mr. Schmeling reviewed the various zoning districts in the vicinity of the proposed rezone properties for Council. Mayor Nexsen opened the public hearing. Mr. Mychal Gorden, consultant for the applicant, addressed the Council and said they were requesting a zone change from R-4 to C-2 with the intent of creating an indoor storage facility with access off Sweetwater Avenue. He said the General Plan for this area is Commercial Nodal and High Density Residential. Mr. Gorden said a public hearing was held at the August Planning & Zoning Commission meeting and the rezone was approved by a vote of 6-1. He encouraged the Council to follow the recommendation of the Planning & Zoning Commission. Councilmember Callahan said to clarify, access will be off Sweetwater Avenue and not Osborn Drive, to which Mr. Gorden replied yes. Mr. Gorden said when they presented the site plan to the Planning & Zoning Commission they were looking at potential access off Osborn Drive; however, that was a concern with the residents, and after talking with City engineering staff it was determined that Sweetwater Avenue is the best access as it would help keep traffic off Osborn Drive. Mayor Nexsen asked if there would be more than one access to the property on Sweetwater Avenue, to which Mr. Gorden replied the intent is to have one access with a loop circulation interior. Councilmember Alger asked how soon construction would start to guarantee this is going to be a storage facility being it would be changed from an R-4 to a C-2, to which Mr. Gorden replied that Lake Havasu City Page 7 Printed on 10/29/2014 City Council Regular Meeting Minutes - October 14, 2014 Final the intent is to move forward right away, and added that they have already done some preliminary site planning and preliminary engineering on the project with the intent to bring it to the market as quickly as possible next year. Mayor Nexsen asked how far away the buildings in the back would be from the house on the R-2 property, to which Mr. Gorden explained that there is a 10-foot landscape buffer set back from that property line. Councilmember Callahan asked if the units would be single story, to which Mr. Gorden said yes. Councilmember McAtlin asked if the units would be for sale or for lease, to which Mr. Gorden replied that the intent is for the units to be for sale with CCR’s and guidelines to control the community. Mr. Justin Felish, resident on Osborn Drive, addressed the Council and said his home is directly next door to the proposed zoning change and one of his main reasons for opposing this is that every word comes with “intent” and “concept,” and added that there are no guarantees. He said he spoke with Mr. Gorden to try and find some kind of common ground regarding setbacks from his home instead of a zero buffer right at the street of 3340 Osborn Drive that could block driveway views. He said he also has concerns regarding building design, lighting, and property values. Mr. Felish said he recommends the property be zoned to a Planned Development (PD) with buffers which would then guarantee certain development. Councilmember Alger asked Mr. Felish if he was talking about a PD similar to the one off Oro Grande Boulevard, to which Mr. Felish said yes that would be ideal as a homeowner, but added that even if the group were to come back with a PD for the storage condominiums that would be acceptable if they could come to terms on the setbacks. Mr. Greg Pellett addressed the Council and said he is Mr. Felish’s neighbor and suggested a good compromise would be to have a second meeting with the developers to come up with a plan to which they will commit. Ms. Rose Wheeler, resident on Chanute Drive, addressed the Council and said she has lived on the south side for twenty-four years and it has grown with beautiful homes. She said she was disappointed when the zoning was changed because it should be only residential. Mayor Nexsen said the lots are zoned R-4 which means if somebody wanted to they could put in a 40 to 45 apartment unit. Ms. Wheeler stated that she was aware of that but would rather see more homes or duplexes than businesses on the south side. Ms. Barbara Thomas-Rutledge, resident on Chanute Drive, addressed the Council and stated that Lake Havasu City Page 8 Printed on 10/29/2014 City Council Regular Meeting Minutes - October 14, 2014 Final there are a lot of vacancies in the existing storage units and could not see why anyone would want to have four storage units in a row right next to the competition. She said the other storage units have some sort of physical barrier to the houses and expressed concern with the property values of the homes in the area. Mr. Lucas Still addressed the Council and said he is also a consultant for the potential developers and wanted to address some of the concerns and things that have come up. He said he sympathizes with some of the concerns, but at the same time they are not asking for a PD. He said this request fits with the General Plan and during a typical process they would not have to provide site or conceptual plans; however, the reason they have done this is because they want to work with the neighbors to have the best possible effect on the neighborhood. Mr. Still said they have a site plan that they think will mitigate some of the concerns and have also received some input from the neighbors as to what type of trees to plant. He said there is already a 10-foot landscape buffer along both streets, and they will install curbs and sidewalks, and the access will be off Sweetwater Avenue. Mr. Still said he understands that when you change something to a C-2 it could be anything and that is true; however, financially and feasibly, that is not true. He added that he also understands their concerns with wanting to have a guarantee of what is going to be developed, and said they are trying to instill that confidence in them by working with them and doing some concessions that they do not have to do within a C-2. Mr. Still said he also understands why the residents might think that this could hurt property values, however, he said the uncertainty of what could be developed is much worse for the property values. Councilmember Alger asked Mr. Still what the plan would be if the project does not go through, to which Mr. Still said the property purchase is on a contingency and if the rezone does not go through then the property goes back to the current owner. Mayor Nexsen said Mr. Still made a statement that they decided not to go to a PD because they are doing things on a C-2 lot; however, he wanted to point out that this it is not a C-2 lot yet. Mr. Still replied that is correct, but added that the conditions to make that transformation from an R-4 to C-2 lot are already in place. He said going above and beyond that would have been costly to them as they would have to do conceptual plans and a lot of engineering work. He said this rezone is a shorter route to getting something built so they can catch the summer market and lead into the fall market. Mayor Nexsen stated short of a PD, which gives the residents some certainty, how could they give the residents some certainty, to which Mr. Still replied that they are already putting money towards the conceptual plans without even owning the site and showing those conceptual plans to the residents which is not part of a C-2 approval. Mr. Still said they are trying to show the residents their good will and are asking them to take a leap of faith, and added that at the same time, they are not asking the Council to make an exception from what would generally happen with an R-4 to a Lake Havasu City Page 9 Printed on 10/29/2014 City Council Regular Meeting Minutes - October 14, 2014 Final C-2 designation when the General Plan already calls for that. Mayor Nexsen said typically moving from an R-4 to a C-2 would require a General Plan amendment and wondered why this request does not require that, to which Mr. Schmeling explained that a General Plan amendment is not required because the General Plan designates this area as Commercial Nodal and added that it could have been a C-1 as well or a different commercial designation. He said because they chose C-2, which is one of the implementing zoning districts of the Commercial Nodal future land use, it meets the goals and policies of the General Plan and an amendment is not required. Mayor Nexsen stated that he thought there were some issues in the zoning tables regarding Commercial Nodal, to which Mr. Schmeling explained that there is a table that indicates the implementing zoning districts as well as the future land use districts in the General Plan and many of the zoning districts were omitted from that table, which Clarion will be working with staff to fix those issues. Mr. Schmeling further explained that there are several future land use categories: 1) Commercial, 2) Commercial Nodal, which has a little bit definition and talks about the mixture of commercial along arterials and the mixture of High Density Residential within that area, and 3) Neighborhood Commercial, which is made for low impact surrounded by single family uses and those kinds of uses. Mayor Nexsen asked this would not be considered Neighborhood Commercial, to which Mr. Schmeling explained that in 2002 the entire strip from McCulloch Boulevard to Acoma Boulevard was indicated on the future land use as Commercial Nodal. Mayor Nexsen said he was asking because there is an area by the high school where Commercial Nodal is the General Plan designation; however, the zoning table is blank. Mr. Schmeling said in the General Plan it talks about both the integration of Multi-Family and Commercial and added because the Maricopa Avenue and Sweetwater Avenue Corridor has multi-family immediately adjacent on both sides, at that time, the Commercial Nodal was chosen over the Neighborhood Commercial. Councilmember McAtlin asked if that includes the second lot, to which Mr. Schmeling replied yes. Councilmember Callahan asked if you can have higher buildings in an R-4 than a C-2, to which Mr. Schmeling explained that an R-4 zoning district allows a maximum building height of 30-feet and the C-1 and C-2 zoning districts allow a maximum building height of 25-feet. Mayor Nexsen said to his recollection, this property was zoned to R-4 around 2006 during the building boom with the idea of building an apartment complex. Mr. Still said he saw some plans from back in 2005 that were for a mix of different uses, and said they were deciding what would be the highest and best use, which at that time housing prices were high and it made sense to do a housing project but at the same time, the same engineer drew up plans for a storage unit. Mr. Still said there is also some interpretation to the Commercial Nodal zoning in the General Plan but if you want to look at the intent of what they were doing and you look down the street the next three Lake Havasu City Page 10 Printed on 10/29/2014 City Council Regular Meeting Minutes - October 14, 2014 Final properties that were developed are storage units. He added the third one is on a corner just like their proposal and goes back just as far, if not farther, into the R-1 neighborhood. Mayor Nexsen said his concern is that it is zoned an R-4, and although some of the neighbors do not believe that an apartment house would be built there, the fact of the matter is that building has increased and loans are getting harder to obtain, and he really does not want to see a developer build a 30-foot, 40 to 50 unit, apartment complex, which would only require a building permit and not Council approval. Mayor Nexsen said he understands the neighbors wanting some certainty and the PD does give some certainty; however, short of a PD, what can the developers do for the neighbors to make them feel comfortable that they will be building a storage unit. Ms. Wheeler addressed the Council again and said she has lived in her home for 24 years and there have only been single family homes. She said they do not want to see apartments or storage units on the south side. Mr. Pellett addressed the Council again and said a large apartment complex on that particular property is likely overgrown because the most you can get is two stories and there is an easement that separates those two lots. He asked if there were some way they can have some satisfaction without going through the full PD, to which Mayor Nexsen explained that it is not legal to do conditional zoning. Mr. Pellett asked if the developer would be able to go before the Council with a PD proposal in concert with a request for a zoning change, to which Ms. Garry replied yes, and added to do so would be a total separate process and would have to go through the standard PD process. Mayor Nexsen said he understands that the developer does not want to go through a PD but what he is trying to do is give the neighbors some kind of certainty that a storage unit would be built. Mr. Still said the issue is that the neighbors are worried about a zero lot line set back close to the street, which he understands; however, there is actually a 10-foot landscape buffer that must be put in. Mr. Still said they are very much vested in this and the two owners of this project have lived in Lake Havasu City a long time. He said he understands that it takes a leap of faith on their part but at this point all they can ask of them in return for what they have offered so far is making sure they are available for meetings and to answer questions. Mayor Nexsen asked what would happen if the property fell out of escrow, to which Mr. Still replied that they plan on closing within two to three weeks from the time the rezone is approved; however, if it fell out of escrow they would stop the project. Councilmember Alger said there is an alley between the R-4 and the PD and unfortunately the Lake Havasu City Page 11 Printed on 10/29/2014 City Council Regular Meeting Minutes - October 14, 2014 Final residential land and homeowners had to of seen that commercial would be developing there eventually. She said she understands the residential side wanting to have a guarantee of who their neighbors are and what they put on that lot so their land and home values do not decrease; however, if the Council does not move forward with this it will stay an R-4 and apartment buildings could be built. There being no further comments, Mayor Nexsen closed the public hearing. Councilmember Barlow said the kind of guarantees that they have been talking about tonight have not been required of other rezoned properties, and thought to require the developer to provide any type of iron clad guarantee is not right. Councilmember Callahan agreed with Councilmember Alger’s statement that if the property stays an R-4, apartments could be built and it could become high density, which he did not think the neighbors would want to see. Councilmember Callahan thought it was a very poor location for anything other than what is being proposed and felt it is the best use of the property. Mayor Nexsen asked how long the Planned Development process would take, to which Mr. Schmeling replied approximately 90 days. Councilmember McAtlin said he did not see a problem with the front lot being a C-2 but with the back lot having no buffer he was having trouble deciding. Mayor Nexsen said an R-2 normally acts as the buffer. Councilmember McAtlin added that this C-2 lot is going back further than the other lots surrounding the property. Councilmember Callahan moved to adopt Ordinance No. 14-1117 rezoning Tract 2289, Block 5, Lots 12 and 13 from R-4, Multi-Family Residential to C-2, General Commercial District, seconded by Councilmember Barlow, and carried by the following vote: Aye: 4 - Councilmember Barlow, Councilmember Brister, Vice Mayor Callahan and Councilmember Coke Nay: 3 - Mayor Nexsen, Councilmember Alger and Councilmember McAtlin Mayor Nexsen stated that he voted “nay” because of the concerns of the neighborhood wanting some certainty. He said it is not for the lack of trust for the two gentlemen that were speaking but he was trying to find some achievement of certainty. 8.7 ID 14-0531 Adopt Ordinance No. 14-1118 Requesting a Major Amendment to the Sailing Hawks Phase V Approved General Development Plan Reducing Residential Units from 35 to 22 and Removing Spa Component for Tract Lake Havasu City Page 12 Printed on 10/29/2014 City Council Regular Meeting Minutes - October 14, 2014 Final 2364, Block 00, Lot 29 located at 1550 London Bridge Road Mr. Schmeling advised that this property is a little over five acres, it is the fifth and final phase of the Sailing Hawks Development, and is located on the corner of Palo Verde Boulevard, London Bridge Road, and Sunset Drive. He said the current general development plan adopted by the Council includes 35 bungalow style units, a club house, spa, and fitness center, and was last amended in 2007. He added that the approved building elevations range in height depending on the architectural elements from 16-feet to 18-feet and the proposed site plan includes 22 attached units, onsite parking, a club house, and landscaping. He further added that the spa component would be eliminated and the developer is proposing a single access off from London Bridge Road with an emergency access only from Sunset Drive. Mayor Nexsen opened the public hearing. Mr. Mychal Gorden, planning and development consultant for the project, addressed the Council and said this is an existing PD that is before the Council because they are making some changes that require it to go from a minor amendment to a major amendment. He said when they looked at the initial PD that was in place, it was not feasible in the market to build a commercial spa component along with the bungalow units that were proposed as it was more of a rental or more conducive to the actual spa component. He said in the market today and the way Sailing Hawks continues to build out, it is more of a residential home community. Mr. Gorden said the intent is to amend this PD to fewer units so that can accompany a residential townhome unit to fit the lifestyle of Sailing Hawks. Mr. Gorden stated that the site plan is very similar to the original in terms of the landscaping, open space, drainage corridors, and developed landscape area along London Bridge Road. He said they are proposing 22 two-story townhomes that range in height from 26-feet to 29-feet. He said there were some concerns expressed at the Planning & Zoning meeting related to landscaping, open space, and height, and added that there is an approved elevation on the south corner of the property which has been graded in the past and there were some concerns that would be left undeveloped which would cause sand, dust and debris. He said the approved pad elevation on the south side and site is graded right now and steps down as it goes so you will see a varying of heights as well in the elevations of the buildings proposed. Mr. Lee Gorman addressed the Council with a power point presentation that reviewed the various impacts this development has on the surrounding communities. He said right by this development is a senior independent living community of 55-plus that have been living there for 22 years and contains 97 homes. Mr. Gorman reviewed the following in his presentation: o Brief history of Sailing Hawks o Deficiencies o Concerns o The subdivision grading permit for Parcel ID No. 115-05-047, Tract 2364, Lot 29, is inadequate, incomplete and noncompliant with the Lake Havasu City, Arizona Code of Ordinance Lake Havasu City Page 13 Printed on 10/29/2014 City Council Regular Meeting Minutes - October 14, 2014 Final 14.30.060 grading permit requirements o Stormwater run-off North and South end of Sailing Hawks “The Spa” (Tract 2364, Lot 29) Mr. Gorman stated that the proposed location of the privacy wall at the end of Sunset Park for ingress and egress to the property would block the view of the majority of the people living in Sunset Park. He added that the Lake Havasu Code ordinance for general development standards is not in compliance with City ordinance, and requested that the City postpone the approval of rezoning of Sailing Hawks until the developer can provide an approved plan which is designed to minimize and mitigate the impacts of the development and promote compatibility with the surrounding areas. Ms. Ann Watson, resident on Piper Drive, addressed the Council and said her rear view looks over the mobile home development and this development. She said she talked to the City engineering department when the dirt was being piled on that lot and was told it was only temporary, which did not happen. Ms. Watson also expressed concern over why the City would allow a 30-foot building height in the proposed development, to which Mayor Nexsen said the property is zoned R-4 which allows 30-foot height. Ms. Marian Schaefer, resident on Electra Bay, addressed the Council and said her home is located at the top the mobile home park with a beautiful view of Lake Havasu. She expressed concern with the 30-foot building height and said when they purchased their property 30 years ago they were told there was a 14-foot height limit. Ms. Schaefer also stated that in front of The Refuge on London Bridge Road is a federal waterway and the last discussion regarding the Sailing Hawks condominium project was that the federal waterway was one of the factors why it was not put in several years ago. Mr. Richard Quinteros, resident on Electra Bay, addressed the Council and stated that when he bought his two lots he was told the building height was 17-feet and is concerned that if all of the homes are built at 30-feet it would obstruct their view of the lake. Ms. Linda Veil, resident on Piper Drive, addressed the Council and said she is just above the mobile home park and built her house because of the view. She said she has no problem with building but not two stories. Mr. Gorden said the underlying zoning is R-4 and they are working within those parameters of the R-4 with an overall height limit of 30-feet. He said the original proposal was 17-foot to 18-foot high buildings, and their landscape plan which was a part of that approval was covered in trees. He said they are proposing tree species that will grow 16-feet to 30-feet as well. Mr. Gorden said he understood their concerns but the overall effect is going to be generally the same in terms of buildings versus landscaping and they will propose a lot of trees that will soften the impacts of the Lake Havasu City Page 14 Printed on 10/29/2014 City Council Regular Meeting Minutes - October 14, 2014 Final buildings. He said in terms of some of the things that were mentioned on the slide show regarding noncompliance issues, everything that happened in the past was a previous developer and had nothing to do with the current owner of the project. He stated that there was a grading permit obtained and a height elevation established for that pad and the approved pad elevation is within a foot of what the upper part of that pad is graded to, and added that there is work to be done on the pad in terms of final grading and engineering and drainage issues that need to be addressed. Mr. Gorden said those items will be addressed during the engineering process while working with the City engineering staff during final plan review and approval for this project. Mr. Ed Cabana, manager of Sunset Mobile Home Park, addressed the Council regarding the drainage issues and building heights. He said the water drainage sits right against their street and flows over the top so the height of the land has changed. Mr. Cabana said 22 units blocking the view of 96 units is not fair, and added that they are all voters and want the same respect. Ms. Diane Burrow, resident on Electra Bay, addressed the Council and said years ago the land was owned by the Bureau of Land Management (BLM). She stated they have a panoramic view of the lake and it was her understanding that building height was 17-feet. She said she was not happy with the proposed changes. Ms. Brenda Longshore addressed the Council and asked what the pad elevation was on the property, to which Mr. Gorden said according to the grading permit issued in 2006, it had an approved max grade elevation of 479.5 feet. He said the southernmost portion of that pad in looking at the as-built that has been completed on the project, the upper portion of the pad is at 480 feet. Mr. Gorden said when they go through the final plans and permits it will have to be to the approved pad elevation. Ms. Longshore said she lives in an R-4/PD right next door to this property and they were restricted to 50-percent of the homes no higher than 15-feet, 25-percent no higher than the homes behind them and only two were allowed at the full 30-feet height and only two units per acre. She said her understanding of a PD is that you should listen to the community. Ms. Brown, resident on Salter, said Lake Havasu City slogan is “Play Like You Mean It” and part of that is retaining the people and keeping Havasu what it is. She asked for consideration from the Council to not take their lake view away. There being no further comments, Mayor Nexsen closed the public hearing. Councilmember Alger asked for clarification on whether this is a PD or an amendment to the General Development Plan of Phase V, to which Mr. Schmeling replied that this is a PD and zoned R-4/PD. Mr. Schmeling added that the developer is asking to change the configuration of the building, the height of the building, and eliminate the spa component. Councilmember Alger asked prior to this amendment was the development approved at 35 units, to which Mr. Schmeling Lake Havasu City Page 15 Printed on 10/29/2014 City Council Regular Meeting Minutes - October 14, 2014 Final explained that throughout the entire Sailing Hawks development it is zoned R-4 which allows 30-feet in height. Mr. Schmeling further explained when the development was approved the original developer, Ms. Diane Wildfang, was calling for 18-feet height maximum. He said that is not going to change the grading or pad elevation because it is based on a centerline elevation at the corner of Sunset Drive and Palo Verde Boulevard. Councilmember Alger asked if it has always been an R-4 lot, to which Mr. Schmeling replied yes, and added that it used to be BLM land and was rezoned in 2000 to R-4/PD. Councilmember Coke said regardless, as an R-4/PD, the developer can go up to 30-feet in height based on their current zoning, to which Mr. Schmeling stated that was incorrect. He said they can ask to go up to 30-feet but right now they are asking to have different housing styles, different locations, and asking for buildings of varying heights up to 29-feet. Mr. Tom Green, resident of Sunset Park, addressed the Council and said in the upper plat some of the houses are 30-feet and then down below they are 18-feet so they do not block the view in that section of Sailing Hawks. He said it would seem to him that they would have the same consideration for other people. Councilmember Barlow stated there seems to be a lot of questions or comments about other things other than height and drainage and wondered if staff had looked at those other concerns. Mr. Schmeling said when the project came forward, they obtained a grading permit and at that time it was reviewed and approved by the different departments and will take place again in the event the site plan gets changed or amended this evening. He said they will have to come back and obtain a grading permit and everything will be reviewed again based on the elevations they are proposing for the different buildings. Mayor Nexsen said he understands the concerns about view but unfortunately view is not a right, at least not in Arizona. Councilmember Barlow moved to adopt Ordinance No. 14-1118 amending the general development plan of Sailing Hawks Phase V reducing residential units from 35 to 22 and removing the spa component, seconded by Councilmember Callahan, and carried by the following vote: Aye: 5 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Callahan, Councilmember Coke and Councilmember McAtlin Nay: 2 - Councilmember Alger and Councilmember Brister 8.8 ID 14-0513 Award Bid for Maintenance Street Sweeping to C&S Sweeping (Project SM340C) Lake Havasu City Page 16 Printed on 10/29/2014 City Council Regular Meeting Minutes - October 14, 2014 Final Maintenance Services Division Manager Mark Clark advised that the item before Council is the street sweeping bid. He said the City previously bid smaller spot sweeping but this is the first time the City is doing the entire community. He said there is also a benefit to the storm water by getting the dirt and debris and volatiles off of the roadways and picked up by the sweepers and not into the waterways. Councilmember Callahan asked in the event of a storm, if this would be a one-time sweeping, to which Mr. Clark replied that as part of the City’s storm water plan, staff anticipates doing two sweepings per year; one in September or October after the normal monsoon season, and then another sweeping in late summer for environmental reasons before entering the monsoon season. Councilmember Callahan asked if during storm season staff would do emergency sweeping, to which Mr. Clark replied yes, and added that this request is for normal anticipated sweeping not storm sweeping. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Alger moved to award bid for Maintenance Street Sweeping to C&S Sweeping, in an amount not to exceed $59,938, seconded by Councilmember McAtlin, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Barlow, Councilmember Alger, Councilmember Brister, Vice Mayor Callahan, Councilmember Coke and Councilmember McAtlin 9. CURRENT EVENTS Councilmember Alger announced that the C.L.E.A.N. “Walk Away from Drugs” event will be held on October 18, 2014, beginning at Wheeler Park and ending at London Bridge Beach. Councilmember Brister reported that she had attended a Western Arizona Council of Governments (WACOG) meeting. Councilmember McAtlin announced the Chamber’s Annual Birthday BBQ is scheduled for October 15, 2014, from 4 to 7 p.m. in front of the Chamber of Commerce office, and the Annual Desert Bash & Poker Run will be held December 13, 2014, at Campbell Ranch. Councilmember Coke said the Downtown Association is preparing for the Relics & Rods Car Show that begins on October 16, 2014, and they are also preparing for Fright Night that will be held on October 31, 2014. 10. CALL TO THE PUBLIC There were no requests to address the Council. Lake Havasu City Page 17 Printed on 10/29/2014 City Council Regular Meeting Minutes - October 14, 2014 Final 11. FUTURE MEETINGS Tuesday, October 28, 2014 @ 5:00 p.m. – Work Session Tuesday, October 28, 2014 @ 6:00 p.m. – Regular Meeting 12. FUTURE AGENDA ITEMS There were no future agenda items. 13. ADJOURN Upon motion by Councilmember Barlow and seconded, the meeting adjourned at 8:25 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 14th day of October, 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 18 Printed on 10/29/2014