City Council

Mayor Mark S. Nexsen Lake Havasu City Vice Mayor Don Callahan Police Facility Councilmember Dean Barlow 2360 McCulloch Blvd North Councilmember Donna Lake Havasu City, Arizona 86403 Brister-McCoy www.lhcaz.gov Councilmember Jeni Coke Councilmember Michele Lin Councilmember Cal Sheehy City Council Regular Meeting Minutes - Final Tuesday, May 10, 2016 6:00 PM 1. CALL TO ORDER Mayor Nexsen called the meeting to order at 6:00 p.m. 2. INVOCATION: Pastor Dale Ray, Lakeview Community Church Pastor Dale Ray with Lakeview Community Church gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL Present: 7- Mayor Mark S. Nexsen, Councilmember Dean Barlow, Councilmember Donna Brister-McCoy, Vice Mayor Don Callahan, Councilmember Jeni Coke, Councilmember Cal Sheehy and Councilmember Michele Lin 5. CALL TO THE PUBLIC Ms. Bea Evans addressed the Council and congratulated Lake Havasu City on winning $100,000 at the America’s Best Communities (ABC) Competition. She wondered what the ABC Competition would think about the raunchy movie that mentions Lake Havasu and features drug use, nudity, strong language, and adult situations. She said the director of the Summer Winter Action Tours (SWAT) was quoted in the newspaper stating “this continues to expose Havasu and what goes on during spring break…we are trying to expand awareness of the movie and Havasu itself…a lot of spring breakers don’t even know that Havasu exists and we hope to get the word out.” Ms. Evans said Lake Havasu City is not just about six weeks of spring break, but is about the 50,000 people who live here 52 weeks out of the year, who love the lake, weather, mountains, sunrise, sunset, and the London Bridge. She added that Lake Havasu City is about the thousands of people who volunteer throughout the year saving the city thousands of dollars. Ms. Evans commended the Partnership of Economic Development (PED) who reconsidered using the movie to raise interest in our beautiful city choosing not to support it. Mr. Jim Toy addressed the Council regarding the need for a stop sign on Acoma Boulevard at the intersection of Saratoga Avenue. He said the intersection is unsafe as vehicles speed and make incomplete stops. Mr. Toy said after sending out an email about the need for a stop sign he received many responses from neighboring associations who were also in favor. Mr. Toy said the Lake Havasu City Page 1 Printed on 5/25/2016 City Council Minutes - Final May 10, 2016 City needs to consider installing stop signs at this location before someone is killed. Mr. Lonnie Taylor addressed the Council and said he was concerned about the recent resignation of Mr. Doug Traub at the Convention and Visitor’s Bureau (CVB). He said he expected more information in the newspaper after the article on April 14th. He said he is not pressing the City for anything and understands that the CVB attorney does not want to divulge any of the details on Mr. Traub’s resignation; however, he is curious to know more of the details and if it is normal for citizens to not know where some of the City’s money has been going. 6. CONSENT AGENDA 6.1 ID 16-0696 Approve the April 26, 2016, City Council Regular Meeting Minutes 6.2 ID 16-0692 Adopt Resolution No. 16-3043 Abandoning the Easterly 6-foot by 110-foot Portion of an 11-foot by 110-foot Public Utility and Drainage Easement Along the Westerly Property Line of Tract 2299, Block 3, Lot 18 6.3 ID 16-0693 Adopt Resolution No. 16-3044 Ratifying the City Manager’s Execution of a 5310 Grant Agreement with ADOT Multi Modal Planning Division to Receive Funding for Havasu Mobility Replacement Vehicles 6.4 ID 16-0695 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 4:00 p.m. Tuesday, May 24, 2016 Councilmember Coke 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 Brister-McCoy, Vice Mayor Callahan, Councilmember Coke, Councilmember Sheehy and Councilmember Lin 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 16-0689 Investment Report at March 31, 2016 Mayor Nexsen noted that this item was for informational purposes only. 7.2 ID 16-0694 Announce Vacancies on Lake Havasu City Boards, Committees, and Commissions City Clerk Kelly Williams announced the current vacancies on various Lake Havasu City Boards, Committees, and Commissions. 7.3 ID 16-0697 City Manager's Report Lake Havasu City Page 2 Printed on 5/25/2016 City Council Minutes - Final May 10, 2016 City Manager Charlie Cassens reported on the following: • The new ADA Playground at Rotary Community Park is open for business. The park features new equipment and the Maintenance Services staff provided the beauty that surrounds it. More information on a ribbon cutting ceremony will be provided at a later date. • Code Enforcement Updates. There are currently 49 active and open cases. • Building Permit Updates. • Special Events: o Saturday, May 14th – McCulloch Boulevard, from Smoketree Boulevard to Scott Drive, will be closed for the Tri-State Bikefest 2016 beginning at 8:00 a.m. until 10:00 p.m. o Saturday, May 14th – 928 Motocross Grand Prix from 8:00 a.m. to 5:00 p.m. at the Lake Havasu Motocross Park at SARA Park. 8. PUBLIC HEARINGS 8.1 ID 16-0671 Adopt Resolution No. 16-3045 Calling the 2016 Lake Havasu City Primary and General Elections, Designating the Deadline for Voter Registration, and Designating the Place and Last Date for Candidates to File Nomination Papers Ms. Williams advised that this resolution designates Tuesday, August 30, 2016, as the date for holding the Primary Election in Lake Havasu City for the purpose of nominating candidates for three councilmember positions. She said Lake Havasu City will also hold its General Election on Tuesday, November 8, 2016, for the purpose of ratifying the 2016 General Plan. Ms. Williams added that any candidates receiving a majority of all votes cast at the Primary Election will be declared elected without running in the General Election, and added that in order to be qualified for voting, electors must be registered by August 1, 2016, for the Primary Election and October 11, 2016, for the General Election. Ms. Williams further advised that candidates seeking office for one of the three councilmember positions may obtain nomination petitions and other materials at the City Clerk’s Office. She said candidates must file nomination papers and other required forms by the deadline of 5:00 p.m. on Wednesday June 1, 2016, in order for their names to appear on the Primary Election ballot. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Barlow moved to adopt Resolution No. 16-3045 designating the 2016 Lake Havasu City Primary and General Election dates and the purpose of the elections, designating the deadline for voter registration, and designating the place and last date for candidates to file nomination papers, seconded by Councilmember Sheehy, and carried by the following vote: Lake Havasu City Page 3 Printed on 5/25/2016 City Council Minutes - Final May 10, 2016 Aye: 7 - Mayor Nexsen, Councilmember Barlow, Councilmember Brister-McCoy, Vice Mayor Callahan, Councilmember Coke, Councilmember Sheehy and Councilmember Lin 8.2 ID 16-0711 Adopt Resolution No. 16-3046 Opposing the U.S. Fish and Wildlife Service’s Proposed Boating Restrictions within the Havasu National Wildlife Refuge and Approving the Submission of Comments to the Draft Recreational Boating Compatibility Determination City Attorney Kelly Garry advised that this item is in response to the recent release of the U.S. Fish and Wildlife Service’s (Service) Draft Recreational and Boating Compatibility Determination which threatens to close significant portions of Lake Havasu to motorized boating. She said staff urges the Council to adopt a resolution opposing the Service’s proposed boating restrictions within Lake Havasu National Wildlife and Refuge and approve the submission of comments on behalf of the City to the Draft Compatibility Determination. Ms. Garry noted that the City learned earlier today that the request to extend the comment period was granted and the comment period now closes on Sunday, June 12, 2016. She said more information on submitting comments is available on the Service’s website, mostly easily found by searching for the “Havasu National Wildlife Refuge.” She said staff is in the process of finalizing comments and has engaged in outside consultants and counsel to assist in drafting comments. She added that as additional comments are received they will be provided to the Council for review prior to submission. Ms. Garry advised that tonight the City seeks general authority to submit the comments on behalf of the City. She further advised that as evidence by the overwhelming attendance at the public meeting called in Lake Havasu City last week; this is an important issue to our citizens. She said for many reasons the City objects to and questions the Draft Compatibility Determination. She said most importantly the Draft Compatibility Determination is unclear and creates confusion as to what restrictions are being proposed, the maps and written description do not align, it is void of objective analysis, data, statistics, and studies, and lastly, the Service failed to include, notify, and coordinate with other agencies, stakeholders, and adjacent landholders that are affected by these proposed actions. Ms. Garry said the recent actions resemble the abrupt closure by the Service in May of 2015, which established new boating restrictions and expanded the no-wake zone in the Refuge area. She explained that this area was heavily utilized by recreational enthusiasts for several decades who were cut-out effective immediately and without warning before the 2015 Memorial Day weekend. Ms. Garry said the citizens of Lake Havasu City and all users of Lake Havasu are affected by these actions proposed by the U.S. Fish and Wildlife Service directly and indirectly, and said the citizens deserve a more robust and complete analysis and vetting of this issue before additional regulations and restrictions are put in place. Ms. Garry advised that for these reasons City staff recommends Council’s adoption of the resolution opposing the U.S. Fish and Wildlife Service’s proposed action and approve the Lake Havasu City Page 4 Printed on 5/25/2016 City Council Minutes - Final May 10, 2016 submission of comments to the Draft Recreational Compatibility Determination on behalf of Lake Havasu City. Councilmember Barlow asked how this is more effective than all of the letters that have already been submitted, to which Ms. Garry replied that this is part of a specific process for submitting formal comments to the Draft Recreational Compatibility Determination. She said the City has not submitted formal comments directly targeting the Compatibility Determination therefore, through this process, the City will submit formal comments that go into greater detail about the process, with specific details, findings, concerns, and questions. Councilmember Barlow asked if the City of Kingman and Bullhead City would also be supporting this, to which Ms. Garry replied that she was not aware if they would be submitting comments but noted that they have participated in the public hearings. Mayor Nexsen added that Mayor Brady and City Manager Toby Cotter from Bullhead City both commented at the public hearings. He said the Tri-City Council (Lake Havasu City, City of Kingman, and Bullhead City) adopted a resolution, and Mohave County would also be submitting a letter of support. Councilmember Sheehy said for clarification only a 30 day extension was granted. Ms. Garry replied that was correct. She said Lake Havasu City, Senator Gosar, and other agencies requested a 60 day extension; however, only a 30 day extension was granted. Mayor Nexsen said it is unclear what the Service is doing with the Compatibility Determination and what the boating restrictions will be. He said he attended the Nevada public hearing where the Service said they would not be adding any new restrictions along the 17.5 miles through Topoc Gorge to Highway 40; however, the Compatibility Determination under “Stipulations Necessary to Ensure Compatibility” states: “all watercraft will travel at no wake speeds as defined by State law on waters under the Refuge’s jurisdiction including backwaters and areas defined by signs and buoys.” Mayor Nexsen explained that the entire area is under the Service’s jurisdiction, and it was the regional director who stated that maybe the document was worded incorrectly because they have no intention of moving the existing buoys. Mayor Nexsen said he reminded the regional director that the Service moved the buoys a year ago and there was no comment. Mayor Nexsen said Lake Havasu City cannot afford to have this economic impact. He said businesses in Topoc Gorge and Lake Havasu City will suffer. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Mayor Nexsen said he was very proud of all the community members who attended the public hearing to express their concerns. Councilmember Sheehy moved to adopt Resolution No. 16-3046 opposing the U.S. Lake Havasu City Page 5 Printed on 5/25/2016 City Council Minutes - Final May 10, 2016 Fish and Wildlife Service’s proposed boating restrictions within the Havasu National Wildlife Refuge and approving the submission of comments to the draft recreational boating Compatibility Determination, seconded by Councilmember Coke, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Barlow, Councilmember Brister-McCoy, Vice Mayor Callahan, Councilmember Coke, Councilmember Sheehy and Councilmember Lin 8.3 ID 16-0700 Adopt Ordinance No. 16-1150 for the Annexation of a 19.61 Acre Parcel, Located South of Chemehuevi Wash and East of the Lake Havasu City Corporate Limits, APN 110-05-062, as Requested by D.L. Campbell Co. on Behalf of the Property Owner, Dub Campbell Senior Planner Stuart Schmeling advised that the 19.61 acre parcel is located along the eastern edge of city limits, just north of Horizon Six and south of the Chemehuevi Wash. He said staff provided a copy of the public service and utilities report and noted that this is the third and final hearing required for annexation. Mr. Schmeling added that the property is currently zoned by Mohave County as A-R (Agricultural) and upon annexation will be zoned in the city as A-P (Agricultural Preservation). Mr. Schmeling summarized the annexation process. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Coke moved to adopt Ordinance No. 16-1150 to annex a 19.61 acre parcel, APN 10-05-062, located south of Chemehuevi Wash into the Lake Havasu City limits, seconded by Councilmember Barlow, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Barlow, Councilmember Brister-McCoy, Vice Mayor Callahan, Councilmember Coke, Councilmember Sheehy and Councilmember Lin 9. CURRENT EVENTS There were no council committee reports. 10. CALL TO THE PUBLIC There were no requests to address the Council. 11. FUTURE MEETINGS Wednesday, May 18, 2016 @ 1:30 p.m. – Budget Work Session Tuesday, May 24, 2016 @ 4:00 p.m. – Executive Session Tuesday, May 24, 2016 @ 6:00 p.m. – Regular Meeting 12. FUTURE AGENDA ITEMS Lake Havasu City Page 6 Printed on 5/25/2016 City Council Minutes - Final May 10, 2016 There were no requests for future agenda items. 13. ADJOURN Upon motion by Councilmember Barlow and seconded, the meeting adjourned at 6:36 p.m. CERTIFICATION I hereby certify that the foregoing is a full and true copy of the Regular Meeting Minutes of the Lake Havasu City Council held on the 10th day of May, 2016. I further certify that the meeting was duly called and posted, and that a quorum was present. ____________________________________ Kelly Williams, City Clerk/CMC Lake Havasu City Page 7 Printed on 5/25/2016