City Council

Mayor Mark S. Nexsen Lake Havasu City Lake Havasu City Police Facility Vice Mayor Donna Brister Councilmember Dean Barlow 2360 McCulloch Blvd North Councilmember Don Callahan Regular Meeting Minutes - Final Lake Havasu City, Arizona 86403 Councilmember Jeni Coke www.lhcaz.gov Councilmember Michele Lin Councilmember Cal Sheehy City Council Tuesday, July 28, 2015 5:30 PM Special/Regular Meeting* (*The Regular Meeting will be held at 5:30 p.m. to allow more time for a special presentation on the General Plan Update.) 1. CALL TO ORDER Mayor Nexsen called the meeting to order at 5:30 p.m. 2. INVOCATION: Capt. Bob Lueras, Salvation Army Church Captain Bob Lueras with the Salvation Army gave the invocation. 3. PLEDGE OF ALLEGIANCE The Mayor led in the Pledge of Allegiance. 4. ROLL CALL Present: 6- Mayor Mark S. Nexsen, Councilmember Dean Barlow, Vice Mayor Donna Brister, Councilmember Don Callahan, Councilmember Jeni Coke and Councilmember Cal Sheehy Absent: 1- Councilmember Michele Lin Councilmember Michele Lin arrived at 5:50 p.m. 5. CALL TO THE PUBLIC 6. CONSENT AGENDA 6.1 ID 15-0319 Approve the July 14, 2015, City Council Work Session and Regular Meeting Minutes 6.2 ID 15-0307 Adopt Resolution No. 15-2967 Dedicating a 20-foot by 76.2-foot Public Utility Easement across City Owned Property Tract 2203 Parcel E APN 111-03-259 / UNS Electric Lake Havasu City Page 1 Printed on 8/13/2015 City Council Regular Meeting Minutes - July 28, 2015 Final 6.3 ID 15-0303 Approve the Final Condominium Subdivision Plat for a 64-Unit Storage Complex Located at 3350 Sweetwater Avenue 6.4 ID 15-0325 Approve Lease Agreement for Climate Controlled Storage Space 6.5 ID 15-0320 Call for Executive Session Pursuant to A.R.S. 38-431.03(A) 4:00 p.m. Tuesday, August 11, 2015 Councilmember Callahan moved to approve the Consent Agenda as presented, seconded by Councilmember Barlow, and carried by the following vote: Aye: 6 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke and Councilmember Sheehy Absent: 1 - Councilmember Lin 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 15-0321 Announce Vacancies on Lake Havasu City Boards, Committees, and Commissions City Clerk Assistant Sacia Graber announced the current vacancies on various Lake Havasu City Boards, Committees, and Commissions. 7.2 ID 15-0314 City Manager’s Report City Manager Charlie Cassens reported on the following: • Human Resources-Quarterly Retirement Announcement Doug Foster, Operations/Water, 11 years of service Michael Vanpelt, Operations/MSD, 23 years of service Nancy Dreier, Fire, 25 years of service Kathy Black, Fire, 21 years of service • 68 local citizens attended the Lake Havasu Metropolitan Planning Organization (MPO) Regional Transportation public meeting that was held on Thursday, July 23rd. The purpose of the Regional Transportation Plan is to: Establish a regionally cohesive transportation framework Enhance mobility and improve safety Support planned land use and future growth Address safety and operational needs Promote economic growth and community livability Assist the region within the MPO to obtain federal and state funding • Airport-Bell Helicopter, one of the world’s largest helicopter manufacturers of private, Lake Havasu City Page 2 Printed on 8/13/2015 City Council Regular Meeting Minutes - July 28, 2015 Final commercial and military models will conduct flight testing over the next month • Code Enforcement-There are currently 43 active and open cases • Wastewater Debt Restructuring-Seven responses were received with respect to the Request for Information requesting underwriting proposals. From those received three were chosen; JP Morgan with 50-percent, Citigroup with 30-percent, and RBC Capital Markets with 20-percent of the City’s underwriting. • The City’s bond rating from Moody’s and Standard & Poors were received: Standard & Poors: AA- for Senior General Obligation Bonds, and A- for the Senior Revenue Bonds Moody’s: AA3 for the Senior General Obligation Bonds which is the same as AA-, and a strong A rating on the Senior Revenue Bonds 8. PUBLIC HEARINGS 8.1 ID 15-0322 Presentation from Clarion & Associates regarding the 2015 General Plan Update Ms. Darcie White with Clarion & Associates addressed the Council and gave an overview of the process that was involved in developing the first draft of the General Plan (Plan). She stated the process of developing the Plan began in March of 2014 which involved working with the community and after several revisions, the Plan was presented to the Planning & Zoning Commission for their review. Ms. White said the last step in the process would be ratification of the Plan once it is adopted by Council. Ms. White reviewed the elements contained in the 2002 Plan as opposed to the elements contained in the proposed Plan. She stated they had started the community workshop series and phase in developing the Plan last fall with a series of workshops to receive input from the community about general issues and ideas regarding the community. Ms. White said each step in the development of the Plan was brought before the community and the General Plan Committee for refinement. She added that they wrapped that process up in December with the final public meeting and then entered into the public hearing process in March of this year. Ms. White stated in terms of the Plan itself, one of the key issues was to make sure the Plan reflects ongoing growth of the community. She said since the 2002 Plan, the population has grown by approximately 10,000 and is expected to grow by an additional 14,000 by 2040. Ms. White reviewed the following trends and key issues: • Growing population • Aging population • Water • Outward growth limitations • Infill and redevelopment focus Lake Havasu City Page 3 Printed on 8/13/2015 City Council Regular Meeting Minutes - July 28, 2015 Final • Land use compatibility • Balancing tourism and community • Transportation options • Parks and recreation • Protection of sensitive lands Introduction Ms. White stated the introduction gives an overview of the following: • About the Plan • Plan requirements • Chapter/element structure Community Vision Ms. White stated community vision is something that did change through the Planning & Zoning Commission process. She said their original draft contained a fairly succinct version that had been updated with help from the committee and community and was expanded based on feedback to reflect more directly where the community would like to go. Ms. White added there was discussion of where the community has been as well as focusing on some of the educational and employment options moving forward. Growth Management Ms. White said the growth management chapter talks about growth parameters for the community; water, natural resources, and land area. She added the only revisions to note in this area are related to feedback received from the State Land Department in their comment period: • Clarification of distinction between Arizona State Land Department and other public agencies • Clarification of State Trust land lease terms • Updates to Urban Containment Boundary (UCB) policies to clarify the UCB as the limit line for City financed infrastructure (growth beyond UCB will be at developer’s sole expense) Ms. White stated some of the key issues and opportunities with growth management are as follows: • Urban containment boundary • Infill and redevelopment • Public land leases • Environmental protection areas • Air and water quality • Water supply and conservation • Renewable energy • Cooperative planning Land Use Lake Havasu City Page 4 Printed on 8/13/2015 City Council Regular Meeting Minutes - July 28, 2015 Final Ms. White stated the land use chapter is still focused on distinct character areas as in the prior version of the Plan. She added those were clarified to call out new things such as the Arizona State University (ASU) Campus and emphasis on the Bridgewater Channel and London Bridge area. Ms. White stated in terms of substantive revisions since the March 2015 draft, one of the things that they did, based on public comment, was to remove the references in the land use category table regarding zoning references. She added there was a lot of discussion regarding that at the Planning & Zoning Commission hearings and it was ultimately determined that was the best course of action. She said updates were made to the Resort land use categories with feedback from the Planning & Zoning Commission as well as the Arizona State Land Department as to where they would like those properties to go in the future to maximize the long-term development potential on the island. Housing and Neighborhoods Ms. White stated the message that they heard was the emphasis on protection of existing neighborhoods and clarify policies related to new housing that would occur outside of established neighborhoods. Economy Ms. White said the State Land Department changes also trickled into this section. She added they had received some feedback on regional retail and the need to emphasize what there is today; the mall and other existing businesses, to try and bolster those businesses before planning for new business outside of those areas. Ms. White stated the Community Revitalization and Economic Development Plan that will be completed this fall, will be added to the list of supporting documents with a clear linkage to the Plan. Circulation Ms. White stated the Metropolitan Planning Organization (MPO) Regional Transportation Plan is something that will fit into the Plan once it is adopted. She added they included placeholders in the Plan document to highlight where those maps will be inserted into the Plan once complete. Ms. White said this chapter would be amended at the appropriate time to make sure that the land use and transportation linkage is clearly reflected. Open Space and Recreation Ms. White noted that no substantive revisions were made to this section since March 2015. Public Facilities and Services Ms. White stated there was one minor reference in terms of the cost of development financing options. She added the current City policy has changed so that section was updated to remove the pay-as-you-go reference. Lake Havasu City Page 5 Printed on 8/13/2015 City Council Regular Meeting Minutes - July 28, 2015 Final Community Safety Ms. White noted that no substantive revisions were made to this section since March 2015. Implementation Program Ms. White stated there were some adjustments in terms of order based on the housing and neighborhood recommendations to align with the order of the chapter, but there were no new recommended actions or visions in that section. She added that the MPO will also tie into this section and noted a cross-reference would be added when the Regional Transportation Plan is adopted. Mayor Nexsen stated on Page 50, HN.2.2.a and HN.2.2.b, the word “ensure” was used in both of those references and did not know how the City could ensure that. He added “encourage” may be a better word. Ms. White stated HN.2.2.b is addressed through the zoning code so any distinct characteristics that a neighborhood would have would be addressed through zoning. She said in terms of HN.2.2.a, “Location Efficient Development,” emphasizes the importance of transportation services. She added the word “ensure” versus “encourage” could go either way. Mayor Nexsen stated the word “ensure” to him means there is only one choice, and added the right word may be “emphasize.” He said future councils could have a very difficult time with the word “ensure.” Councilmember Brister stated she agreed with the Mayor that “emphasize” may be more appropriate. Mayor Nexsen noted there was a typo on Page 60, “recommendations that emerge from the RTP will be used. Mayor Nexsen opened the public hearing. Ms. Laura Smith gave a Power Point presentation to Council outlining maps and issues of concern to her regarding the draft Plan. Ms. Smith stated the issue that she has with Rural Residential land use is that it should be 0-1 dwellings per acre instead of the proposed 0-4 dwellings per acre. She added the Low-Density Residential land use should be 2-4 dwellings per acre instead of the proposed 4-6 dwellings per acre because that would allow density in the residential areas. Ms. Smith said with regard to the Mayor’s concern on Page 50 regarding “ensure,” if you “ensure,” that is what is going to be granted within your limitations but if you say “encourage,” it means you would like to see it but if a developer proposes something else you do not have to follow the Plan. She stated that is why she changed “intended to retain the rural character” to “retains the rural character.” Mayor Nexsen stated if the word “ensure” is used, you are Lake Havasu City Page 6 Printed on 8/13/2015 City Council Regular Meeting Minutes - July 28, 2015 Final committing to a future council regardless of what the citizens desire. Ms. Smith said in the comments section it says “suitability for new Low-Density Residential Neighborhoods,” and requested an explanation of “new Low-Density.” Rural Residential Ms. Smith stated where she came up with the support and documentation that Rural Residential should be 0-1 dwellings per acre, is that the Plan calls for open space designation and if you cannot get consent of the owner, state law requires an alternative designation, and that designation shall be Rural Residential with densities not exceeding one dwelling unit per acre. Resort Ms. Smith said with regard to Resort, Resort Mainland and Resort Island land use, the previous Plan addressed the set-backs of 20-feet for public access and the other side would be 40-feet. She stated that was included in the 2002 Plan knowing that would be carried through to zoning; however that reference has been removed from the draft Plan. She requested clarification what “state laws and federal laws and incorporate them for your easements and set-backs” means. Ms. Smith added she also changed the word after “amenities should” to “amenities shall” because that would mean it would be done. Resort Island Ms. Smith stated under Resort Island land use she changed “the residential element of a mixed-use development should shall generally not exceed 40-percent of the overall building(s) square footage and a hotel use is shall be required within the commercial element.” Ms. Smith said the “60-feet and a minimum of one public access at least 12-feet in width from the shoreline to an adjacent to the right-of-way” was removed and felt it should remain in the Plan. Resort Mainland Ms. Smith stated she changed “mixed-use developments should generally shall provide a minimum of 20-percent commercial element.” She said if shall is not in the Plan, 100-percent of residential land use can be in mixed-use areas and it should only be 20-percent. Mayor Nexsen asked if that would be addressed in zoning, to which Ms. White stated one of the things they were asked to do is make sure the Plan and zoning were in sync. She said there were a number of zoning amendments made after the last Plan was adopted that were not reflected in the Plan. Ms. White stated that the City cannot mandate a set-back or easement through the Plan but can specify intent. She said that is what they have tried to carry forward and why there is a reference to state and federal law. She added that they tried to be sensitive to make the Plan more in line to carry forward the intent of the original Plan, but leave the specifics to zoning. Lake Havasu City Page 7 Printed on 8/13/2015 City Council Regular Meeting Minutes - July 28, 2015 Final Senior Planner Stuart Schmeling stated that State Land Trust was an active participant in the review of the Plan and noted they had recommended that language come out because they enjoy the benefit of owning much of that shoreline property. He added they would have the opportunity to negotiate that when they sign new leases to create public access, but did not want to have that mandated. Ms. Smith stated that language has been in the Plan since day one and the reason that there were changes to the zoning is because of all the districts that are no longer considered necessary in a Planned Development (PD). She added, instead, they have incorporated it throughout the city in zoning. Ms. Smith stated that changed the whole concept of the Plan and what the public really desires. Commercial/Residential Ms. Smith stated all of the currently proposed land uses have a residential element which is a major change since the designated land use for commercial was strictly commercial with the exception of McCulloch Boulevard and Main Street which allowed a 20-percent residential element. Mayor Nexsen stated once again that would be addressed in the zoning code. Ms. White stated this was an area where the zones were put into place in 2007 or 2008 that enabled that in the code, so they were trying to reinforce that and the need for a greater mix of housing, which is something that came out clearly through the update process. Ms. White stated the population is aging and what they had clearly heard from the community is that they wanted to concentrate on higher density housing in areas besides single family neighborhoods. She said that does not mean that all of the commercial areas are going to convert to residential, but it does mean that there may be places where it is appropriate and you will have adopted a Plan to support that. Ms. Smith stated that goes completely against what the voters voted for in 2002 and the changes that were made to the Plan were not made aware to those 2002 voters. Mayor Nexsen stated with all due respect, all of those changes were done in the light of day, in public, and during public hearings. Discussion followed concerning mixed-use and zoning requirements with regard to the Plan. Neighborhood Commercial Centers Ms. Smith stated that Neighborhood Commercial Centers land use would allow commercial on almost any corner in a residential area. Mayor Nexsen stated that he believed there are primary areas for retail, light commercial, such as the corner of Chemehuevi Boulevard and Jamaica Boulevard. Ms. Smith stated she agreed that was in a higher density residential area but expressed concern regarding all of the other residential areas. She stated she has a question into staff if this change would affect the property across from the High School where that was previously not allowed but would now qualify as commercial. Mayor Nexsen asked for further explanation regarding Rural Residential and Low-Density Lake Havasu City Page 8 Printed on 8/13/2015 City Council Regular Meeting Minutes - July 28, 2015 Final Residential land use. Ms. White stated the Rural Residential change was an issue of being consistent with what the zoning codes allow. She stated there are more zoning districts than land use categories on the Plan map so there are multiple ways to implement Rural Residential. Ms. White said Ms. Smith was correct that the State statue does talk about that as something for those areas that are intended to be open space. She stated there are existing Rural Residential areas that are higher density and it is not intended to be a back door way to increase density in those areas by any means, but reflects what the existing zoning allows for properties that are currently shown as Rural Residential. Ms. White stated with regard to Ms. Smith’s question regarding Low-Density Residential, most of the existing residential areas in the city today are in the Low-Density Residential category. She added when you go beyond your existing boundaries and you are considering building a new neighborhood on the fringe of what the city has today, you are going to want to think about access, how that new neighborhood relates to your existing neighborhoods, and how well you can serve that neighborhood. Ms. White stated it is really just a policy frame of reference. Mayor Nexsen asked for clarification regarding Low-Density Residential and how many dwelling units are allowed per acre, to which Mr. Schmeling stated the lots currently on the ground are between 4 to 5 dwellings per acre. Ms. White stated it was typical in the Plan that your ranges basically go from one to the next so that you have that range but the underlying zoning is going to determine whether or not you can build 4 units or 6 units per acre. In response to Mayor Nexsen’s question, Mr. Schmeling explained that the minimum lot size in the Low-Density Residential district is 7,200 square feet, approximately 5 units per acre. Mayor Nexsen asked if the Plan previously said 2-4 units per acre, how did the City get to the minimum lot size of 7,200 square feet, to which Mr. Schmeling stated after the Plan was adopted in 2002 there was a total rewrite of the zoning code in 2004. Mayor Nexsen asked if that was to reflect what was already on the ground, to which Mr. Schmeling replied yes. Ms. White noted regarding the Housing and Neighborhoods chapter, there are a number of policies that relate to existing neighborhoods. She stated they had clearly heard from the community a desire to keep those single family neighborhoods how they are today and the policies do reflect that. Mayor Nexsen requested clarification regarding Neighborhood Commercial Centers. He stated Ms. Smith had indicated it would allow commercial anywhere in a residential land use area. Ms. White stated there are only two existing Neighborhood Commercial Centers shown on the Plan today which were shown as Nodal Commercial prior and were changed to Neighborhood Lake Havasu City Page 9 Printed on 8/13/2015 City Council Regular Meeting Minutes - July 28, 2015 Final Commercial because it is more consistent with the scale and character of what they heard from the community and what they would be comfortable with in those areas. She added Nodal Commercial does allow for higher density development so that did not seem appropriate on those small sites embedded within a neighborhood. Ms. White stated unless it was zoned for commercial today, you would have to go through a process to get the map changed, go through your typical checks and balances to raise that question but does not carte blanche allow you to put commercial anywhere in a neighborhood. Mayor Nexsen asked if somebody would want to change the zoning classification if that would require a Plan and zoning amendment. Ms. White stated the other area this would come into play would be if somebody wanted to build a 500-unit neighborhood outside of town that the city would ultimately annex, you would want to encourage that there were some services included and that would probably happen through the PD process. Councilmember Sheehy stated with regard to the Rural Residential land use where Ms. Smith changed it from 0-4 to 0-1 dwellings per acre, when he pulled up the A.R.S. provided by Ms. Smith, it showed a minimum of 1 structure or dwelling and does not reference a maximum at any point so 0-4 dwellings per acre would not be out of range for that type of a lot. Mr. Bruce Hinman stated he was before Council because he had heard previously and heard again tonight that the public input was dismal for the public hearings. He stated the newspaper’s front page had talked about a town hall meeting that will focus on economic planning on August 22nd and thought that may be an opportunity to receive public input regarding the Plan. He suggested that the City Council postpone their vote on the Plan and take into consideration the input from the community at the town hall meeting. Mayor Nexsen clarified that the town hall meeting is being conducted with the proceeds from the America’s Best Community’s competition with Frontier Communications, Dish Network, Verizon and several others. He added the outcome of that is to be used for the ABC competition to get beyond the quarter finalists and hopefully the next step where the city would win $100K and if we can go beyond that it would be $3 million. He stated if something does comes out of that and is important to the Plan, just like with the MPO, we can amend that and ask it to be included in the Plan and then have a vote on the amended Plan. Ms. Diane Klostermeier addressed the Council and stated a way to get more people out to the meetings is to ask them how they would like a convenience store next to their residential home or how they would like to have 40-percent less parking, or ask them some of the questions that will occur as a result of the Plan update. Ms. Klostermeier stated she respectfully requested that the City Council table the approval of the Lake Havasu City Page 10 Printed on 8/13/2015 City Council Regular Meeting Minutes - July 28, 2015 Final Plan for the following reasons: • The City’s first Community Revitalization/Economic Development Plan will not be complete until October 26, 2015. • The Lake Havasu Metropolitan Planning Organization is preparing its first Regional Transportation Plan and will be complete by the end of 2015. • The City should budget for a communications plan to explain the work behind the Plan and the implications if it is not passed. • Delaying approval of the Plan could give more time to educate the public and address potential opposition that could arise in advance to assure its passage in 2016. • Delaying approval will allow for corrections and modifications of the proposed Plan to conform to the wishes of the citizens. Ms. Klostermeier asked if the city residents are conversant with the increase in density, height restrictions, plus the mixed-use element in both the residential and commercial areas that are being proposed in this Plan. She asked the citizens to consider: Do we want our City to be like Phoenix or do we want more attention to the aesthetic, recreation, and tourism factors? Do the residents realize that with set-back reductions parking requirements will be reduced by up to 40-percent? She also stated that there appears to be no set designated authority to assign the zoning districts for the appropriate land use and no limit as to the residential and condo development or height restrictions along the channel waterfront areas. Ms. Klostermeier stated there is a zoning map in the Plan, and yet she was told there cannot be any reference to zoning in the Plan. She said lastly, delaying approval of the Plan will allow the City Zoning Committee to complete revisions to the zoning code for the future growth of our city and according to the wishes of all city residents. There being no further comments, Mayor Nexsen closed the public hearing. Mayor Nexsen stated he appreciated both Ms. Smith and Ms. Klostermeir’s comments. He said with regard to Ms. Klostermeier’s comments, he personally did not believe delaying approval of the Plan would generate additional public input. Mayor Nexsen stated the MPO has already been incorporated into the Plan by reference and if there is something that is vitally important that needs to be included in the Plan the City Council would address that portion of the Plan. He added the same thing can be done with the Economic Development Plan. Councilmember Sheehy stated staff and Clarion have been going through this process with regard to the Plan for over a year and a half and did not want anyone to think this process happened within the last week or two. He said the Plan has been in review for a year and a half with a lot of different public meetings. He added, it is true there has not been great attendance, but said there have also been online surveys and feedback through other mechanisms. Councilmember Sheehy Lake Havasu City Page 11 Printed on 8/13/2015 City Council Regular Meeting Minutes - July 28, 2015 Final stated there has been a lot of reference as how Council is to assume the voters are going to support this process. He said the elected officials have been involved in the process and have a little bit of a feel on what the voters would support. Councilmember Sheehy stated there will be an education process prior to bringing this before the voters. Councilmember Sheehy requested clarification regarding the difference between zoning and the Plan. Ms. White stated the Plan is a policy guide and zoning regulations are the law. Ms. White stated with regard to the zoning map that Ms. Klostermeier had referenced, that was one of the first things they did when starting the process to get a lay of the land. She added it is in the inventory section of the Plan and is just a reference that is there to inform the process. She stated that they looked at the existing zoning to make sure that they were consistent, that the layer of detail in the zoning is appropriate, and the Plan is appropriate. Ms. White added that there was no policy reference associated with that map, but is simply an inventory map that they used when they first started the process. Councilmember Sheehy asked for clarification regarding commercial areas that can have some sort of residential component. Ms. White stated that goes back to the R/UDAT zoning that was adopted in 2007/2008 which did encourage more of a mixed-use pattern in certain areas of the city. She added the commercial areas on the map have not changed but what they did do is update the land use category to reflect what the zoning already allows. Councilmember Sheehy said Ms. Klostermeier had mentioned with the set-backs, parking requirements would be reduced by 40-percent. He stated he did not read that at all throughout the Plan. Ms. White stated there is no reference to parking requirements in the Plan and was not something that would be dealt with at the Plan level. Ms. White stated in terms of set-backs, the only specific area where they changed the set-back comments is the area where the easements were specified in actual numerical standards which in the Plan they are not. She said that information is now addressed in the zoning code where appropriate, based on state and federal law. Councilmember Lin stated her understanding of the reason the City Council would be voting on this now is because if they prolong it, the City would be paying the consultant more money. She added her question was, if the City Council would vote on this and the vote for the public would not be until November 2016, if staff would recap to the public what this vote is about so that they know what they are voting on. Mayor Nexsen stated regardless if the City Council would vote on this tonight, there is a process of education so people know what they are voting on and the more time we have to educate, the better off we actually are. He added because Lake Havasu City has crossed the 50,000 population mark, instead of 7 elements to address in the Plan, the draft Plan has 17 elements. Mayor Nexsen asked if Lake Havasu City Page 12 Printed on 8/13/2015 City Council Regular Meeting Minutes - July 28, 2015 Final the Plan were turned down by the voters, would we still be under the old Plan, would a new Plan have to be developed, or would the city wait until 2026 to bring it back before the vote of the people. City Attorney Kelly Garry responded telephonically and stated staff would have to have that discussion to decide what went wrong or what changes might have to be made, if we make some changes to the proposed Plan or stick with the proposed Plan and try to re-educate the public. She added another special meeting could be held, or wait until the next general election. Councilmember Lin stated she felt Council has comforted some of the citizens that are concerned about some of these issues because there is still time to make amendments and educate the public. Councilmember Sheehy stated that there was some conversation that Ms. Smith had brought up regarding Resort Mainland “Mixed-Use developments should generally shall provide a minimum of 20-percent commercial element,” and wondered if there was any harm in saying shall if that is reflected in what we really want to do. Ms. White stated it comes down to market reality. She said it was common 10 to 15 years ago to be very specific when Mixed-Use was just becoming something that a lot of communities were moving towards and were being very descriptive how that would play out. Ms. White stated, in reality, when a property owner comes in you may not have the ability to have 20-percent commercial, you may have 15-percent commercial so this is intended to provide some flexibility. She said it goes back to zoning in terms of what the specifics will be but her understanding is that it is equally general in zoning in the proposed districts because of that. Ms. White said what can happen if you try to be too descriptive, someone will come in and build a Mixed-Use building to the specifications that the City said and then that space will sit vacant for years because it is not in the right place or there is no market for it. She stated it is really just trying to provide that flexibility for a community that is going to be changing on an annual basis and what is going to work today may not work tomorrow. Mayor Nexsen suggested the language read, “generally provides a minimum of 20-percent commercial but in no case less than a certain percentage.” Ms. White stated the other way to address that would be to say there is no option to do 100-percent residential. Mayor Nexsen stated that he could think of some areas where he would want commercial if Mixed-Use promotes that area, but would not want the area to turn into strictly residential. Councilmember Sheehy stated he supported a commercial element if it has to be 20-percent but not less than 10-percent, but if somebody were zoned Resort-Related Mainland they would have to provide at least 20-percent, or could ask for some other variance of less than. He added if they were not Resort-Related Mainland they would have to ask for a zoning change and go through that public process to ask for residential. Mr. Schmeling explained that the future land use map describes land uses in general and zoning is what is going to dictate what can be built on the ground. He said in the event that it does not match Lake Havasu City Page 13 Printed on 8/13/2015 City Council Regular Meeting Minutes - July 28, 2015 Final the land use in the zoning district, they would have the ability to ask for anything within that zoning district through the PD process but if they need something outside of that zoning district, they would need to amend the Plan to a different land use designation and then rezone the property. Councilmember Sheehy asked on Page 38, “Neighborhood Commercial Centers,” if that typically is less than 1.5 acres, to which Ms. White stated that was a typographical error. Councilmember Sheehy stated on Page 57, EC.1.3.a “franchise restaurants and resorts” should be generalized and eliminate the word franchise as the market would dictate if it was a franchise. Councilmember Sheehy asked for clarification what the “2013 Arizona Bicycle and Pedestrian Plan” on Page 68 referenced. Ms. White said that it is an Arizona Department of Transportation (ADOT) study that should just be referenced. She added that Plan looks specifically at bicycle facilities and only relates to Lake Havasu City in a broad way. Mayor Nexsen said, assuming that a Councilmember wants to make a motion to approve the Plan; there are some minor changes that the Council asked to make. Ms. Garry stated as long as there are no objections to the minor suggestions that were made, Council could make the motion and incorporate those minor changes with the presentation. 8.2 ID 15-0304 Discussion and Possible Adoption of Resolution No. 15-2968 Adopting the Lake Havasu City 2015 General Plan Mayor Nexsen introduced item 8.2. Mayor Nexsen opened the public hearing. Ms. Smith stated she checked the statue that was previously discussed and Councilmember Sheehy was correct, it does say minimum in the statutes but said it does say “not exceeding a maximum of one dwelling unit per acre” two times in the zoning code so if the Council decides not to change that in the Plan, those changes need to be made in both of those references. She added some of the Plan was changed in 2007 and 2008 by the same people who wanted the districts, and said a lot of the districts were not rezoned because they did not comply with the Plan. Ms. Smith stated because things are being left out of the Plan, the zoning code will have to address those and expressed concern how the zoning code would address commercial limits. She asked with regard to the set-backs, who will know about the set-backs when it comes to zoning. Ms. Smith stated she felt the Plan has been minimized so much that it no longer resembles the true intent of the Plan. Mr. Schmeling stated that was part of the reason Clarion & Associates was hired to do both the Plan update and zoning regulations because the documents were going away from one another and Lake Havasu City Page 14 Printed on 8/13/2015 City Council Regular Meeting Minutes - July 28, 2015 Final in some cases were conflicting. Ms. White said to address Ms. Smith’s comment that it is no longer in the Plan, she had mentioned several times what they have tried to do is carry forward the intent of what those specific comments were related to. She added they removed the specificity but carried forward the intent. Councilmember Lin asked if there had ever been issues with the Plan Ms. Smith was referring to, to which Mr. Schmeling stated there were a couple of issues that came forward. He added what staff did in the middle of the 2002 Plan was to start addressing one of those issues, the Mixed-Use land use and put together blue ribbon panels to discuss where it was appropriate within the community. Mr. Schmeling stated they created 5 or 6 different zoning districts at different locations throughout the community and added, some of those were implemented and others were not. He reviewed those zoning districts for Council. Mr. Schmeling stated that one of the tasks staff had asked Clarion to take on was to look at those zoning districts to try and understand the intent and also coordinate those within the new Plan. He said with a new zoning code, the City will need to adopt a new zoning map which will be brought before Council in November or December. There being no further comments, Mayor Nexsen closed the public hearing. Councilmember Brister stated she remembered when Clarion first reviewed the Plan and zoning code and their words were, “I have never seen such a mess.” She stated she understands where Ms. Smith is coming from and knows she has the best interest for the city but said she thinks the Council needs to move forward with the Plan to stay within the regulations of the state law, but also knowing there will be changes forth coming. Councilmember Brister moved to adopt Resolution No. 15-2968 adopting the Lake Havasu City 2015 General Plan as amended, seconded by Councilmember Callahan. Councilmember Sheehy stated, for clarification, the Plan has to follow state statutes so Clarion was required to change the scope of work to meet those statutes. He added the reason the elements are being addressed is to also comply with state statutes. Mayor Nexsen called for a vote on the motion, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke, Councilmember Sheehy and Councilmember Lin 8.3 ID 15-0306 Discussion and Possible Direction Regarding Scheduling and Preparation of an Election for Ratification of the Lake Havasu City 2015 General Plan Mr. Cassens stated before Council is a selection of various dates that would be available for the Lake Havasu City Page 15 Printed on 8/13/2015 City Council Regular Meeting Minutes - July 28, 2015 Final voter ratification of the action that the Council took to adopt the Plan. He added staff is looking for some direction regarding Council preference with respect to a ratification date. Mayor Nexsen stated that most people will turn out to vote during the Presidential General Election. There was a consensus of the Council to bring the Plan before the vote of the people at the General Election in November, 2016. 8.4 ID 15-0291 Series #09 Liquor License, Haggen, 1980 McCulloch Boulevard/Paul Ms. Graber announced that Patrick Joseph Paul has applied for a Series #09 liquor license for Haggen located at 1980 McCulloch Boulevard. She noted that all posting requirements were met, all fees were paid, and no objections were received. Ms. Graber further noted that the location is properly zoned for a liquor license. 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 #09 liquor license for Haggen, 1980 McCulloch Boulevard, seconded by Councilmember Brister, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke, Councilmember Sheehy and Councilmember Lin 8.5 ID 15-0292 Adopt Ordinance No. 15-1134 Amending Lake Havasu City Code Chapter 12.12, International Fire Code, to Adopt the 2012 Edition of the International Fire Code and Amendments to Code by Reference Division Chief Scott Hartman stated the ordinance before Council is to adopt the 2012 International Fire Code to be in alignment with the Building Department which recently adopted the same 2012 additions to the Code. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Callahan moved to adopt Ordinance No. 15-1134 amending the Lake Havasu City Code Chapter 12.12 to adopt the 2012 Edition of the 2012 International Fire Code and amendments to code by reference, seconded by Councilmember Coke, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke, Councilmember Sheehy and Councilmember Lin 8.6 ID 15-0326 Approve Purchase Order for a Dell Powervault Storage Array from Dell Marketing Lake Havasu City Page 16 Printed on 8/13/2015 City Council Regular Meeting Minutes - July 28, 2015 Final Information Technology Manager Jonathan Baskette stated this request is to receive approval to increase the City’s network storage capacity. He said they continue to see an increased reliance on the network with the new systems and consolidated systems and are starting to run out of capacity on the network. Mr. Baskette stated this would increase the storage from 100 terabytes to 600 terabytes. Councilmember Callahan asked if this had any relationship to what the City is storing in the Cloud. Mr. Baskette stated they are currently not storing any of the City’s physical servers in the Cloud because a virtual environment has to be stored on site. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Coke moved to approve the Purchase Order for a Dell Powervault Storage Array from Dell Marketing, seconded by Councilmember Barlow, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke, Councilmember Sheehy and Councilmember Lin 8.7 ID 15-0310 Award Bid for Fiber Optics Connectivity to TeleCom Construction Inc. (Project IT1501) Mr. Baskette stated over the last few years, IT has started to move the backhaul network from a wireless system to fiber optics which runs parallel to Hwy 95. Mr. Baskette stated the current micro waves backhaul system is limited to 200 mb and due to the new software, Lucity and other enterprise based systems, the network is becoming much slower. He said staff has looked at moving to higher end micro waves but they are multi-million dollar systems and because they are still in infancies, they will be changing in the next ten years which would require equipment change-outs. Mr. Baskette stated bids were solicited to complete the fiber installation from City Hall to Hwy 95, across Hwy 95 to the Aquatic Center, to the Island Treatment Plant, and from Hwy 95 to Operations and the Water Treatment Facility. He stated three bids were received and TeleCom Construction, Inc. was the lowest bidder. Councilmember Barlow stated, on Page 4, the last sentence says “there is a need to provide wireless conductivity to its visitors” and on Page 5, it says “the city can generate revenue by charging its visitors for high speed internet access.” He asked for an explanation regarding those two sentences. Mr. Baskette stated by running fiber to the Aquatic Center and over on the island, the City would have the ability to provide WIFI to Rotary Park and London Bridge Beach. He said there is limited WIFI there right now for public safety but if Council would desire to charge visitors or provide it for free, that capacity would be in place. Councilmember Callahan asked for an explanation regarding the vast difference in the bid quotes, Lake Havasu City Page 17 Printed on 8/13/2015 City Council Regular Meeting Minutes - July 28, 2015 Final and questioned if TeleCom was capable of doing the job. Mr. Baskette stated that Telecom has worked for Verizon Wireless and staff has checked their references. He added that TeleCom was trying to figure that out themselves, why there is such a vast difference in the bid quotes. Councilmember Sheehy asked how long fiber would last for our required capacity, to which Mr. Baskette stated the city would probably not even use 25-percent of the capacity but if somebody would want to lease fiber, that option would be available. Councilmember Sheehy asked if staff would be using the current wireless for redundancy. Mr. Baskette stated that the current wireless system would stay online because some of the fire stations would not be connected to fiber. He added if there were ever any issues with the fiber, it would automatically switch over to the more stable wireless system. Councilmember Sheehy asked who would maintain the fiber if there was an issue, to which Mr. Baskette stated staff would use local contractors. Mr. Cassens stated one of the areas where fiber is really going to help is with video and transferring video from one place to another. He said that is a technology that he believed would be expanded in the future which would include potential traffic hot spots or intersections or various areas in the parks where the City would like to expand our video presence, as well as various alarm systems that use a lot of bandwidth. Mr. Cassens stated our systems needs to have a much more robust infrastructure or backhaul and fiber will help accomplish that and also provides sufficient capacity expansion into other areas as those technologies develop. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Callahan moved to award the bid for Fiber Optics Connectivity to TeleCom Construction Inc., seconded by Councilmember Sheehy, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke, Councilmember Sheehy and Councilmember Lin 8.8 ID 15-0312 Approve Pole Attachment and Conduit Licensing Agreement with UNS Electric, Inc. Mr. Baskette stated now that Council approved the last item, the Unisource attachment agreement is to run the fiber on utility poles. He added in order to proceed with the project; the City has to enter into an attachment agreement with Unisource who maintains the utility poles. Mr. Baskette stated there is a contact fee for every pole which fluctuates based on a calculation by Unisource. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Lake Havasu City Page 18 Printed on 8/13/2015 City Council Regular Meeting Minutes - July 28, 2015 Final Councilmember Brister moved to approve the Pole Attachment and Conduit Agreement with UNS Electric, Inc., and authorize the City Manager to execute the Agreement on behalf of the City, seconded by Councilmember Barlow, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Barlow, Vice Mayor Brister, Councilmember Callahan, Councilmember Coke, Councilmember Sheehy and Councilmember Lin 9. CURRENT EVENTS There were no Council committee reports. 10. CALL TO THE PUBLIC Ms. Smith addressed the Council and stated that she was disappointed regarding the vote to approve the Plan. She reiterated her concerns mentioned previously in the meeting and stated now there is no direction in the Plan to address those concerns. 11. FUTURE MEETINGS Tuesday, August 11, 2015 @ 5:00 p.m. – Work Session - Canceled Tuesday, August 11, 2015 @ 6:00 p.m. – Regular Meeting 12. FUTURE AGENDA ITEMS There were no future agenda items. 13. ADJOURN Upon motion by Councilmember Callahan and seconded, the meeting adjourned at 7:29 p.m. CERTIFICATION I hereby certify that the foregoing is a full and true copy of the Special/Regular Meeting Minutes of the Lake Havasu City Council held on the 28th day of July, 2015. I further certify that the meeting was duly called and posted, and that a quorum was present. ____________________________________ Kelly Williams, City Clerk/CMC ____________________________________ Prepared By: Sacia Graber, City Clerk Assistant/CMC Lake Havasu City Page 19 Printed on 8/13/2015