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 24, 2016 6:00 PM 1. CALL TO ORDER Mayor Nexsen called the meeting to order at 6:00 p.m. 2. INVOCATION: Pastor Richard Tatham, Stonebridge Christian Church Pastor Richard Tatham with Stonebridge Christian Church gave the invocation. 3. PLEDGE OF ALLEGIANCE The Mayor led in the Pledge of Allegiance. 4. ROLL CALL Present: 5- Mayor Mark S. Nexsen, Councilmember Donna Brister-McCoy, Vice Mayor Don Callahan, Councilmember Jeni Coke and Councilmember Cal Sheehy Absent: 2- Councilmember Dean Barlow and Councilmember Michele Lin 5. CALL TO THE PUBLIC City Magistrate Mitch Kalauli stated that he was before the Council as Scout Master for Troop #54. He announced that the scouts are working on their Citizenship in the Community Merit badge and are in attendance to witness a council meeting. Ms. Brooke Vetter stated that she was with the Lake Havasu South Little League and was before the Council to plead that they reconsider building a new sports facility and place it high on the list before finalizing the budget. She said the project is being tabled again and said she was told that the City is not actually building the facility but making a few repairs next year. She asked the Council to consider making it a priority for next year’s budget, and a priority for the City. Ms. Vetter said looking at the Vision 20/20 and the America’s Best Communities (ABC) competition, she felt what would make our community better is to focus on the kids. 6. CONSENT AGENDA 6.1 ID 16-0724 Approve the May, 4, 2016, City Council CIP/Budget Overview Work Session Meeting Minutes and May 10, 2016, City Council Regular Meeting Minutes Lake Havasu City Page 1 Printed on 6/15/2016 City Council Minutes - Final May 24, 2016 6.2 ID 16-0716 Adopt Resolution No. 16-3047 Approving the myDEQ Electronic Signature Agreements with the Arizona Department of Environmental Quality Establishing Authorized Signatories for Electronic Submission of Applications and Compliance Information 6.3 ID 16-0720 Approve the 2016-17 Memorandum of Understanding with the Lake Havasu Police Officers Association 6.4 ID 16-0691 Adopt Resolution No. 16-3042 Abandoning the 20-foot Public Utility and Drainage Easement Located Near the Rear Lot Line of Tract 2247, Block 11, Lot 38 and a Portion of Parcel G, Except that Portion Common with the 20-foot Easement Along the East Property Line and the 8-foot Citizen’s Utility Easement Located Along the Westerly Property Line 6.5 ID 16-0712 Approve the Final Condominium Subdivision Plat of Airspace of 188 Condominium Storage Units Located at 1080 London Bridge Road 6.6 ID 16-0713 Approve the Final Condominium Subdivision Plat of Airspace of 31 Condominium Storage Units Located at 2040 Runabout Drive 6.7 ID 16-0723 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 5:00 p.m. Tuesday, June 14, 2016 Vice Mayor Callahan moved to approve the Consent Agenda as presented, seconded by Councilmember Sheehy, and carried by the following vote: Aye: 5 - Mayor Nexsen, Councilmember Brister-McCoy, Vice Mayor Callahan, Councilmember Coke and Councilmember Sheehy Absent: 2 - Councilmember Barlow and Councilmember Lin 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 16-0722 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 16-0725 City Manager's Report City Manager Charlie Cassens acknowledged and welcomed the City’s new Fire Chief, Mr. Brian Davis. He said Mr. Davis is from Freeport, Texas and reported to duty yesterday. Mr. Cassens said at the second meeting in June, there will be a ceremony for Chief Davis and his wife will be present to pin him. Lake Havasu City Page 2 Printed on 6/15/2016 City Council Minutes - Final May 24, 2016 Mr. Cassens reported on the following: • On April 26th, employees of the Maintenance Services Division traveled to Phoenix to accept a “Tree City USA” award for Lake Havasu City. This is the 15th year Lake Havasu City has received this designation. This award is a direct result of Lake Havasu City’s Memorial Tree and Bench Program. Congratulations to the Maintenance Services Division’s Buildings and Grounds staff for receiving this designation. • The ribbon cutting ceremony for the new ADA playground equipment located at Rotary Community Park is scheduled for Thursday, May 26th at 11:00 am at the playground area. • Code Enforcement Updates. There are currently 49 active and open cases. • Building Permit Updates. • City Offices will be closed on Monday, May 30th in observance of the Memorial Day holiday. Police and fire personnel will be on duty. All City offices will resume normal schedules, Tuesday, May 31st. • The next Coffee with the Mayor is scheduled for Friday, June 3rd, at Makai Cafe located at 1425 McCulloch Boulevard North from 7:30 am to 9:00 am. Residents are encouraged to attend to express any issues, concerns, or questions. 8. PUBLIC HEARINGS 8.1 ID 16-0710 Series #07 Liquor License, Neon Lounge, 44 Mulberry Avenue/Harrington Ms. Graber advised that Brandon C. Harrington has applied for a Series #07 Beer and Wine Bar Liquor License for the Neon Lounge, located at 44 Mulberry Avenue. She noted that all posting requirements were met, all fees were paid, and no objections were received. She 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-McCoy moved to recommend that the Arizona Department of Liquor Licenses & Control approve a Series #07 liquor license for Neon Lounge, 44 Mulberry Avenue, seconded by Vice Mayor Callahan, and carried by the following vote: Aye: 5 - Mayor Nexsen, Councilmember Brister-McCoy, Vice Mayor Callahan, Councilmember Coke and Councilmember Sheehy Absent: 2 - Councilmember Barlow and Councilmember Lin 8.2 ID 16-0727 Discussion and possible action, if necessary, to comply with Arizona Open Meeting Law following the executive session noticed above regarding: A) Annual Evaluation of City Magistrate Lake Havasu City Page 3 Printed on 6/15/2016 City Council Minutes - Final May 24, 2016 Possible actions include, but are not limited to, finding of satisfactory or unsatisfactory performance, salary adjustment, or any direction or action necessary to place an item on a future agenda relating to the City Magistrate’s evaluation, salary adjustment, or employment agreement. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Coke moved for a finding of favorable performance of the City Magistrate and directed the City Attorney to prepare an addendum to the employment agreement as discussed in executive session, seconded by Councilmember Brister-McCoy, and carried by the following vote: Aye: 5 - Mayor Nexsen, Councilmember Brister-McCoy, Vice Mayor Callahan, Councilmember Coke and Councilmember Sheehy Absent: 2 - Councilmember Barlow and Councilmember Lin 8.3 ID 16-0726 Discussion and possible action, if necessary, to comply with Arizona Open Meeting Law following the executive session regarding: A) Annual Evaluation of City Manager Possible actions include, but are not limited to, finding of satisfactory or unsatisfactory performance, salary adjustment, or any direction or action necessary to place an item on a future agenda relating to the City Manager’s evaluation, salary adjustment, or employment agreement. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Sheehy moved for a finding of favorable performance of the City Manager and directed the City Attorney to prepare an addendum to the employment agreement as discussed in executive session, seconded by Councilmember Brister-McCoy, and carried by the following vote: Aye: 5 - Mayor Nexsen, Councilmember Brister-McCoy, Vice Mayor Callahan, Councilmember Coke and Councilmember Sheehy Absent: 2 - Councilmember Barlow and Councilmember Lin 8.4 ID 16-0728 Discussion and possible action, if necessary, to comply with Arizona Open Meeting Law following the executive session noticed above regarding: A) Annual Evaluation of City Attorney Possible actions include, but are not limited to, finding of satisfactory or unsatisfactory performance, salary adjustment, or any direction or action Lake Havasu City Page 4 Printed on 6/15/2016 City Council Minutes - Final May 24, 2016 necessary to place an item on a future agenda relating to the City Attorney’s evaluation, salary adjustment, or employment agreement. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Vice Mayor Callahan moved for a finding of favorable performance of the City Attorney and directed City Staff to prepare an addendum to the employment agreement as discussed in executive session, seconded by Councilmember Brister-McCoy, and carried by the following vote: Aye: 5 - Mayor Nexsen, Councilmember Brister-McCoy, Vice Mayor Callahan, Councilmember Coke and Councilmember Sheehy Absent: 2 - Councilmember Barlow and Councilmember Lin 8.5 ID 16-0715 Approve a Land Lease Agreement with Steven Greeley, d/b/a KJJJ/KNTR AM Radio, for the Operation and Maintenance of an Existing Broadcast Tower Located at 900 London Bridge Road City Attorney Kelly Garry stated at the end of 2015, the School District (District) vacated the premises from the City at the maintenance facility. She said during the District’s lease it subleased a portion of the maintenance facility parking lot to Mr. Greeley for a broadcast tower and it is now necessary for the City to consider entering into a lease agreement with Mr. Greeley for continued maintenance and operation of this tower. Ms. Garry said that the City engaged outside counsel to assist in the drafting of this agreement to ensure compliance with all applicable laws as they can be complicated in these areas dealing with towers and leases. She stated the City has negotiated a monthly lease rate of $1,000 which is believed to be a reasonable amount for this type of tower and this specific location. Ms. Garry said the initial term is five years with options for three additional, five year renewals. Ms. Garry added that there is also a co-locator offset option available if co-location is requested on this tower. Councilmember Sheehy asked if this was the same tower that existed and the lease agreement is now with the City. Ms. Garry stated that was correct and added that the City never approved the sublease with the District, so staff went back and prepared the documents, obtained all the easements, and made sure all the legal descriptions were correct. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Coke moved to approve the Land Lease Agreement with Steven Greeley, d/b/a KJJJ/KNTR AM Radio, for the operation and maintenance of an existing broadcast tower located at 900 London Bridge Road, seconded by Councilmember Callahan, and carried by the following vote: Aye: 5 - Mayor Nexsen, Councilmember Brister-McCoy, Vice Mayor Callahan, Councilmember Coke and Councilmember Sheehy Lake Havasu City Page 5 Printed on 6/15/2016 City Council Minutes - Final May 24, 2016 Absent: 2 - Councilmember Barlow and Councilmember Lin 8.6 ID 16-0714 Adopt Ordinance No. 16-1151 Approving a Request to Rezone Tract 2270, Block 6, Lots 15 - 18, 3860 through 3890 Bison Boulevard, from C-1, Limited Commercial District to R-1, Single-Family Residential Senior Planner Stuart Schmeling stated the property is located at the intersection of Bison Boulevard and Kiowa Boulevard and is currently zoned C-1. He said this property is part of the original subdivision where Mr. McCulloch had several tracts laid out for neighborhood commercial areas. He added that many properties have been rezoned back to residential and the parcels immediately to the south were also part of the neighborhood commercial element and were rezoned in 2006. Mr. Schmeling stated that the Council received a subsequent email Monday regarding the citizens meeting information that was inadvertently left out of the packet. He noted at the Planning and Zoning Commission meeting there was discussion with regard to the satellite sewer system in that area and whether it could handle the additional capacity. He stated that it was determined by staff that the current system can accommodate that with no upgrades. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Brister-McCoy moved to adopt Ordinance No. 16-1151 rezoning Tract 2270, Block 6, Lots 15 – 18, 3860 through 3890 Bison Boulevard, from C-1, Limited Commercial District to R-1, Single-Family Residential, seconded by Vice Mayor Callahan, and carried by the following vote: Aye: 5 - Mayor Nexsen, Councilmember Brister-McCoy, Vice Mayor Callahan, Councilmember Coke and Councilmember Sheehy Absent: 2 - Councilmember Barlow 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 Tuesday, June 14, 2016 @ 6:00 p.m. – Regular Meeting & Tentative Budget & CIP Adoption Tuesday, June 28, 2016 @ 6:00 p.m. – Regular Meeting & Final Budget Adoption 12. FUTURE AGENDA ITEMS There were no requests for future agenda items. 13. ADJOURN Upon motion by Councilmember Coke and seconded, the meeting adjourned at 6:22 p.m. Lake Havasu City Page 6 Printed on 6/15/2016 City Council Minutes - Final May 24, 2016 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 24th 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 Prepared By: ____________________________________ Sacia Graber, City Clerk Assistant/CMC Lake Havasu City Page 7 Printed on 6/15/2016