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City Council

Regular Meeting

Lake Havasu City, AZ · October 9, 2018

AgendaMinutes

Minutes

Mayor Mark S. Nexsen Lake Havasu City Vice Mayor Cal Sheehy Police Facility Councilmember Jeni Coke 2360 McCulloch Blvd North Councilmember Gordon Groat Lake Havasu City, Arizona Councilmember David Lane 86403 Councilmember Michele Lin www.lhcaz.gov Councilmember Donna McCoy City Council Regular Meeting Minutes - Final Tuesday, October 9, 2018 6:00 PM 1. CALL TO ORDER Mayor Nexsen called the meeting to order at 6:01 p.m. 2. INVOCATION: Pastor Andrew Cave, Lamb of God Lutheran Church Pastor Andrew Cave with Lamb of God Lutheran 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 Jeni Coke, Councilmember Gordon Groat, Councilmember David Lane, Councilmember Michele Lin, Councilmember Donna McCoy and Vice Mayor Cal Sheehy 5. CALL TO THE PUBLIC There were no requests to address the Council. 6. CONSENT AGENDA 6.1 ID 18-1788 Approve the September 25, 2018, City Council Regular Meeting Minutes (Kelly Williams) 6.2 ID 18-1791 Approve Ground Lease Agreement with Island Development Group (Island Storage and Marine) (Greg Froslie) 6.3 ID 18-1790 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 4:00 p.m. Tuesday, October 23, 2018 (Kelly Williams) Councilmember Coke moved to approve the Consent Agenda as presented, seconded by Councilmember McCoy, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Coke, Councilmember Groat, Councilmember Lane, Councilmember Lin, Councilmember McCoy and Vice Mayor Sheehy Lake Havasu City Page 1 Printed on 10/25/2018 City Council Minutes - Final October 9, 2018 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 18-1789 Announce Vacancies on Lake Havasu City Boards, Committees, and Commissions (Kelly Williams) City Clerk Kelly Williams announced the current vacancies on various Lake Havasu City Boards, Committees, and Commissions. 7.2 ID 18-1787 City Manager’s Report (Jess Knudson) City Manager Jess Knudson reported on the following: • To celebrate National Public Lands Day Lake Havasu City Staff, Councilmembers Lane and McCoy and students joined Bureau of Land Management to make improvements at SARA Park trails. • Lake Havasu Unified School District was awarded the Water Conservation Award for their efforts in water consumption for installing the artificial turf. • Mayor Nexsen proclaimed the week of October 7, 2018 – October 13, 2018 as Fire Prevention Week. In order to educate the public and be aware they need to “Look, Listen, Learn and Be Aware”. • Mayor Nexsen proclaimed October 8, 2018, C-SPAN Cities Tour Day. C-SPAN is in Lake Havasu City all week to tour and film Lake Havasu City on land and water. C-SPAN is showcasing the literary life and history of Lake Havasu City. • Upcoming Special Events: o October 13, 2018 – Race for Hope 5K at Grand Island Walking Path at 7:00 a.m. o October 13, 2018 – Strides for Hope Walk at Querio & McCulloch o October 13, 2018 – Fall Fun Fair at Rotary Park Ball Fields at 3:00 p.m. o October 18, 2018 – 41st Annual Relics & Rods Run to the Sun, Thursday Night Show on McCulloch o October 20, 2018 – 50th Anniversary of the Purchase of the London Bridge at the stage under the London Bridge 8. PUBLIC HEARINGS 8.1 ID 18-1780 Recommendation of an Off-Track Wagering License for Gallagher’s Dining & Pub, 3524 McCulloch Boulevard North / Arizona Downs (Kelly Williams) City Clerk Kelly Williams stated that Arizona Downs submitted a letter of request for a new Off-Track Wagering License for Gallagher’s Dining & Pub, located at 3524 McCulloch Boulevard North to operate an additional wagering facilities with Arizona Department of Gaming which is valid from September 12, 2018 through June 30, 2021. Lake Havasu City Page 2 Printed on 10/25/2018 City Council Minutes - Final October 9, 2018 Ms. Williams stated the application has been routed through various departments and no objections were received. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Vice Mayor Sheehy moved to recommend that the Arizona Department of Gaming, Division of Racing, approve an off-track wagering license for Arizona Downs at Gallagher’s Dining & Pub, 3524 McCulloch Boulevard North, through June 30, 2021, seconded by Councilmember Groat, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Coke, Councilmember Groat, Councilmember Lane, Councilmember Lin, Councilmember McCoy and Vice Mayor Sheehy 8.2 ID 18-1777 Adopt Resolution No. 18-3264 Appointing Member(s) to the Lake Havasu City Airport Advisory Board (Kelly Williams) Ms. Williams stated that the City received one application requesting consideration for an appointment as a regular pilot member to the Airport Advisory Board. She said the appointment is necessary to fill the expired term of a regular pilot member. Mr. Robert Willis, applicant, addressed the Council and expressed his interest in this position. Mr. Willis stated that he has lived in Lake Havasu for over 20 years and has been a pilot for over seven years. He expressed his interest in the aviation industry and his involvement in the Airport community. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember McCoy moved to adopt Resolution No. 18-3264 appointing Robert Willis as a regular pilot member to the Airport Advisory Board with a term ending on June 30, 2020, seconded by Councilmember Lane, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Coke, Councilmember Groat, Councilmember Lane, Councilmember Lin, Councilmember McCoy and Vice Mayor Sheehy 8.3 ID 18-1781 Concurrence with Bureau of Land Management Indemnification Language for the SARA Park Patent for the Shooting Range (Kelly Garry) City Attorney Kelly Garry advised that in 2011, the City submitted two applications for a patent for SARA Park; one for 85 acres to include the shooting range, and the other remainder is for the 957 acres of the park. She said the Bureau of Land Management (BLM) is asking for the City to concur with Indemnification Language necessary for the Lake Havasu City Page 3 Printed on 10/25/2018 City Council Minutes - Final October 9, 2018 shooting range portion. She said this language basically states that the City is indemnifying the United States for anything and everything that could happen with respect to the shooting range. Ms. Garry added that the City was assigned the lease in 2009 and has cared for the park through agreements with the County. Ms. Garry added that any management out there has been under the under the City’s control for a long time; therefore, indemnification by the City is probably appropriate. She said staff recommends approval, and added that the City also learned recently that included in their application is the armory site, which is the 40 acres across from the dog park. Ms. Garry noted that by the end of the patent process the City will hopefully have incorporated the entire SARA Park property. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Lane moved to authorize the City Manager to execute the Decision concurring with the Indemnification Language Issued by the Bureau of Land Management for the SARA Park patent for the shooting range, seconded by Councilmember Groat, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Coke, Councilmember Groat, Councilmember Lane, Councilmember Lin, Councilmember McCoy and Vice Mayor Sheehy 8.4 ID 18-1779 Adopt Ordinance No. 18-1205 Approving a Major Amendment to Planned Development No. 00-007, Heat Hotel, to Allow Three Commercial Suites to be Converted into Four Hotel Units (Stuart Schmeling) Zoning Administrator Stuart Schmeling advised that the property is located at 1420 McCulloch Boulevard North, adjacent to the London Bridge and includes Javelina Cantina, the Heat Hotel and the Condominiums. Mr. Schmeling stated that this request is similar to the amendment that came to the City in 2007 that included a request to convert all ten units into hotel units. He said one area of concern of that request was the suite under the bridge, and securing shoreline access for the general public on both sides of the shore. He said the Planning Commission passed the request; however, the vote was split and was modified before it came to Council in which six units were approved. Mr. Schmeling stated this request is to convert three of the remaining four units, leaving out a detached commercial unit. Mayor Nexsen said he was on Council in 2007 and the concern was regarding public access. Mr. Schmeling demonstrated a recorded document displaying the 20-foot public access strip and also includes the area under the bridge and plaza area. Mayor Nexsen opened the public hearing. There being no comments, he closed the public Lake Havasu City Page 4 Printed on 10/25/2018 City Council Minutes - Final October 9, 2018 hearing. Councilmember McCoy moved to adopt Ordinance No. 18-1205 approving a major amendment to Planned Development No. 00-007, Heat Hotel, to allow three commercial suites to be converted into four hotel units, seconded by Councilmember Coke, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Coke, Councilmember Groat, Councilmember Lane, Councilmember Lin, Councilmember McCoy and Vice Mayor Sheehy 8.5 ID 18-1756 Approve Cooperative Purchase Agreement with Superior Supply Inc. for Road and Highway Materials, Asphalt Crack Sealant(s) (Kenneth R. Porosky) Transportation/Maintenance Superintendent Kenneth Porosky stated the item before Council is the annual cooperative purchase agreement to supply the City with the crack seal material. He added that funding is available for the fiscal year 2018-19 street restoration HURF account. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Coke moved to approve the Cooperative Purchase Agreement with Superior Supply, Inc. and authorize City staff to exercise the four additional one-year term renewal options, seconded by Vice Mayor Sheehy, and carried by the following vote: Aye: 7 - Mayor Nexsen, Councilmember Coke, Councilmember Groat, Councilmember Lane, Councilmember Lin, Councilmember McCoy and Vice Mayor Sheehy 9. CURRENT EVENTS There were no council committee reports. 10. FUTURE MEETINGS Tuesday, October 23, 2018 @ 6:00 p.m. – Regular Meeting Tuesday, November 13, 2018 @ 6:00 p.m. – Regular Meeting Tuesday, November 27, 2018 @ 6:00 p.m. – Regular Meeting 11. FUTURE AGENDA ITEMS There were no requests for future agenda items. 12. ADJOURN Upon motion by Councilmember Coke and seconded, the meeting adjourned at 6:25 p.m. Lake Havasu City Page 5 Printed on 10/25/2018 City Council Minutes - Final October 9, 2018 CERTIFICATION I hereby certify that the attached is a true, complete, and accurate copy of the approved Meeting Minutes from the Lake Havasu City Council Regular Meeting held on the 9th day of October, 2018. 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 6 Printed on 10/25/2018

Agenda

Mayor Mark S. Nexsen Lake Havasu City Vice Mayor Cal Sheehy Police Facility Councilmember Jeni Coke 2360 McCulloch Blvd North Councilmember Gordon Groat Lake Havasu City, Arizona 86403 Councilmember David Lane www.lhcaz.gov Councilmember Michele Lin Councilmember Donna McCoy City Council Regular Meeting Agenda Tuesday, October 9, 2018 6:00 PM One or more councilmembers may be participating and voting via remote conferencing. Lake Havasu City endeavors to ensure the accessibility of all of its programs, facilities, and services to all persons with disabilities in accordance with the Americans with Disabilities Act. If you need an accommodation for a meeting, please contact the City Clerk at 453-4142 at least 24 hours prior to the meeting so that an accommodation can be arranged. Anyone wishing to address the council on an item not shown on the agenda should fill out a “Call to the Public” form, which will be found on the desk located at the entrance to the meeting room, and hand it to the City Clerk. Action as a result of public comment on an item not on the agenda will be limited to directing staff to study the matter or rescheduling the matter to a later date. The City Council may vote to hold an executive session for the purpose of obtaining legal advice from the City’s attorney on any matter listed on the agenda under A.R.S. § 38-431.03(A)(3). 1. CALL TO ORDER 2. INVOCATION: Pastor Andrew Cave, Lamb of God Lutheran Church 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. CALL TO THE PUBLIC We will now have an open call to the public for citizens wishing to address the council on issues within the jurisdiction of the city. Your comments must be limited to five (5) minutes or less. If you wish to address an item already on tonight’s agenda, you should wait until that item is announced for a public hearing. At the conclusion of the open call to the public, individual members of the council may respond to criticism made by those who have addressed the council, may ask staff to review a matter or may ask that a matter be put on a future agenda. However, members of the council cannot discuss or take legal action on matters not already on the agenda. 6. CONSENT AGENDA The following items will be considered as one item by the City Council and will be enacted with one motion with no separate discussion unless a councilmember so requests, in which event the item will be removed. 6.1 ID 18-1788 Approve the September 25, 2018, City Council Regular Meeting Minutes (Kelly Williams) Page 1 Printed on 10/4/2018 City Council Regular Meeting Agenda - Final-revised October 9, 2018 6.2 ID 18-1791 Approve Ground Lease Agreement with Island Development Group (Island Storage and Marine) (Greg Froslie) 6.3 ID 18-1790 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 4:00 p.m. Tuesday, October 23, 2018 (Kelly Williams) 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 18-1789 Announce Vacancies on Lake Havasu City Boards, Committees, and Commissions (Kelly Williams) 7.2 ID 18-1787 City Manager’s Report (Jess Knudson) 8. PUBLIC HEARINGS 8.1 ID 18-1780 Recommendation of an Off-Track Wagering License for Gallagher’s Dining & Pub, 3524 McCulloch Boulevard North / Arizona Downs (Kelly Williams) 8.2 ID 18-1777 Adopt Resolution No. 18-3264 Appointing Member(s) to the Lake Havasu City Airport Advisory Board (Kelly Williams) 8.3 ID 18-1781 Concurrence with Bureau of Land Management Indemnification Language for the SARA Park Patent for the Shooting Range (Kelly Garry) 8.4 ID 18-1779 Adopt Ordinance No. 18-1205 Approving a Major Amendment to Planned Development No. 00-007, Heat Hotel, to Allow Three Commercial Suites to be Converted into Four Hotel Units (Stuart Schmeling) 8.5 ID 18-1756 Approve Cooperative Purchase Agreement with Superior Supply Inc. for Road and Highway Materials, Asphalt Crack Sealant(s) (Kenneth R. Porosky) 9. CURRENT EVENTS Pursuant to A.R.S. § 38-431.02(K), a public body shall not propose, discuss, deliberate, or take legal action on any Current Event item Council Committee Reports: Airport Advisory Board - Vice Mayor Sheehy League of AZ Cities and Towns Executive Committee - Mayor Nexsen Clean Colorado River Sustainability Coalition (CCRSCo) - Mayor Nexsen Havasu Youth Advisory Council - Councilmember Coke & Councilmember Lin Lake Havasu Area Chamber of Commerce - Councilmember Lane Lake Havasu Convention and Visitors Bureau (CVB) - Councilmember McCoy LHC Marine Association - Councilmember Lane Lake Havasu Metropolitan Planning Organization (MPO) - Councilmember Nexsen/McCoy/Lane/Sheehy (Alternate) Mohave County Water Authority - Councilmember Groat Parks & Recreation Advisory Board - Councilmember Lin Partnership for Economic Development (PED) - Councilmember Coke Page 2 Printed on 10/4/2018 City Council Regular Meeting Agenda - Final-revised October 9, 2018 Public Safety Personnel Retirement System – Local Fire Board - Mayor Nexsen Public Safety Personnel Retirement System – Local Police Board - Mayor Nexsen Uptown/Main Street Association - Councilmember McCoy Western Arizona Council of Governments (WACOG) - Vice Mayor Sheehy 10. FUTURE MEETINGS Tuesday, October 23, 2018 @ 6:00 p.m. - Regular Meeting Tuesday, November 13, 2018 @ 6:00 p.m. - Regular Meeting Tuesday, November 27, 2018 @ 6:00 p.m. - Regular Meeting 11. FUTURE AGENDA ITEMS 12. ADJOURN Page 3 Printed on 10/4/2018

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