City Council

Mayor Cal Sheehy Lake Havasu City Vice Mayor David Lane Police Facility Councilmember Jeni Coke 2360 McCulloch Blvd North Councilmember Jim Dolan Lake Havasu City, Arizona Councilmember Gordon Groat 86403 Councilmember Michele Lin www.lhcaz.gov Councilmember Donna McCoy City Council Regular Meeting Minutes - Final Tuesday, April 23, 2019 6:00 PM 1. CALL TO ORDER Mayor Sheehy called the meeting to order at 6:00 p.m. 2. INVOCATION: Dr. David Bybee, Community Presbyterian Church Dr. David Bybee with the Community Presbyterian Church gave the invocation. 3. PLEDGE OF ALLEGIANCE: Students Working Against Tobacco (SWAT) Members of the Students Working Against Tobacco (SWAT) led in the Pledge of Allegiance and said they conduct leadership trainings to combat under-aged tobacco usage and addictions to tobacco. 4. ROLL CALL Present: 7- Mayor Cal Sheehy, Vice Mayor David Lane, Councilmember Jeni Coke, Councilmember Gordon Groat, Councilmember Michele Lin, Councilmember Donna McCoy and Councilmember Jim Dolan 5. CALL TO THE PUBLIC Ms. Valerie Marie Sigler Rock, citizen, addressed the Council regarding her property’s zoning and utilities. She said she receives her water service through the City of Kingman due to a disruption with the Homeowners Association, and receives her gas service through Lake Havasu City. Ms. Sigler Rock said she has been without electricity for three years due to the lack of technology communication. She said she is very knowledgeable about the shopping mall in Lake Havasu City. Ms. Sigler Rock provided the Council with a copy of her notes for the record. Mr. Douglas Sieker, Educator for the Statewide Independent Living Center, addressed the Council and said last year the CLA Program graduated over 80 students in Mohave County. He thanked several of the speakers who attended the graduation and said the Arizona Education Empowerment Initiative is a new program that teaches the history of children and caretakers about the disabilities movement, advocacy, leadership skills, and communication. He said for more information citizens can contact the New Horizons Lake Havasu City Page 1 Printed on 5/15/2019 City Council Minutes - Final April 23, 2019 Empowerment Disability Center in Prescott Valley or the Statewide Independent Living Center. Mr. Chris Daigle, President of the Lake Havasu Soccer League, addressed the Council and expressed his passion for and dedication to the City. He said he has lived in Lake Havasu City since 1989 and has seen tremendous improvements of what the City has done to give back to the youth in the community. He said Cypress Park has been a great addition to the community and to the Lake Havasu Soccer League; however, there is still not enough field space to house all of their members. He said the Lake Havasu Soccer League would like to partner with the City to create more field space and sports complex for the youth in the community. Mr. Ezekiel Kesitilw, Lake Havasu Soccer League, addressed the Council and said the city is growing. He said when Proposition 409 was on the ballot, the citizens were promised that if Proposition 409 passed there would be additional funds to fund sports facilities, public safety, and roads. He said the community needs the City’s help to build a future for the youth community. He pleaded for the City to use funds to build more field space. He added that there are great things that they can do in the community if they have the facilities. Mr. Kesitilw said they are willing to partner with the City, but they need the City Council to lead, inspire, and engage. He asked the City Council to consider the Lake Havasu Soccer League, consider the youth, and consider the future of Lake Havasu City. 6. CONSENT AGENDA 6.1 ID 19-1975 Approve the April 9, 2019, City Council Regular Meeting Minutes (Kelly Williams) 6.2 ID 19-1965 Adopt Resolution No. 19-3297 Abandoning a 5-Foot by 90-Foot Portion of a 10-Foot by 100-Foot Public Utility and Drainage Easement Along the Northwest Property Line of Tract 137, Block 4, Lot 16 (Stuart Schmeling) 6.3 ID 19-1966 Adopt Resolution No. 19-3298 Abandoning the Northerly 10-Foot by 58-Foot Portion of a 10-Foot by 68-Foot Public Utility and Drainage Easement Along the Western Property Line of Tract 122, Block 1, Lot 10 (Stuart Schmeling) 6.4 ID 19-1967 Adopt Resolution No. 19-3299 Abandoning the Northernmost 10-Foot by 10-Foot Portion of a 10-Foot by 50-Foot Public Utility and Drainage Easement Along the Eastern Property Line of Tract 2258, Block 7, Lot 6 (Stuart Schmeling) 6.5 ID 19-1968 Adopt Resolution No. 19-3300 Abandoning the Westerly 10-Foot by 20-Foot Portion of a 10-Foot by 50-Foot Public Utility and Drainage Lake Havasu City Page 2 Printed on 5/15/2019 City Council Minutes - Final April 23, 2019 Easement Along the Southerly Property Line of Tract 2228, Block 3, Lot 9 (Stuart Schmeling) 6.6 ID 19-1969 Adopt Resolution No. 19-3301 Abandoning the Northwesterly 20-Foot by 20-Foot Portion of a 20-Foot by 50-Foot Public Utility and Drainage Easement Along the Common Property Line of Tract 2249, Block 4, Lots 1 & 2 (Stuart Schmeling) 6.7 ID 19-1970 Adopt Resolution No. 19-3302 Abandoning the Southerly 10-Foot by 77.19-Foot Portion of a 10-Foot by 127.19-Foot Public Utility and Drainage Easement Along the Eastern Property Line of Tract 119B, Block 7, Lots 9 & 10 (Stuart Schmeling) 6.8 ID 19-1971 Adopt Resolution No. 19-3303 Abandoning a 10-Foot by 362-Foot Public Utility and Drainage Easement Along the Rear Property Lines of Tract 134, Block 6, Lots 6, 7 & 8 (Stuart Schmeling) 6.9 ID 19-1973 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 4:00 p.m. Tuesday, May 14, 2019 (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 Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember Groat, Councilmember Lin, Councilmember McCoy and Councilmember Dolan 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 19-1964 Announce Vacancies on Lake Havasu City Boards, Committees, and Commissions (Kelly Williams) City Clerk Kelly Williams announced the current and upcoming vacancies on various Lake Havasu City Boards, Committees, and Commissions. 8. PUBLIC HEARINGS 8.1 ID 19-1972 Adopt Ordinance No. 19-1216 Amending Lake Havasu City Code Title 8, Health and Safety, to add Chapter 8.14, Repeated Use of Emergency Services (Brian Davis) City Manager Jess Knudson stated that this ordinance was introduced at the last Council meeting and addresses repeated use of 9-1-1 calls for non-emergency situations putting stress on personnel responding to a real emergency situation and delays. He said the ordinance reads that nine non-emergency calls can be placed into 9-1-1; however, after the ninth call a cost would be assessed. He noted that calls made into 9-1-1 that initiate a Lake Havasu City Page 3 Printed on 5/15/2019 City Council Minutes - Final April 23, 2019 police report, transport, or other emergency situations would not count towards the nine non-emergency calls. He said the City’s intention is not to collect revenues, but as a tool for residents to understand the responsible way to use the 9-1-1 system. Vice Mayor Lane said for clarification, it would be nine non-emergency calls per month, to which Mr. Knudson replied that was correct. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Vice Mayor Lane moved to adopt Ordinance No. 19-1216 amending Lake Havasu City Code Title 8, Health and Safety, to add Chapter 8.14, Repeated Use of Emergency Services, seconded by Councilmember McCoy, and carried by the following vote: Aye: 7 - Mayor Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember Groat, Councilmember Lin, Councilmember McCoy and Councilmember Dolan 8.2 ID 19-1960 Adopt Ordinance No. 19-1217 Amending Planned Development 05-00200008, The Shops at Lake Havasu, by Removing Parcels APNs 120-54-002, 120-54-003B, 120-54-004, 120-54-007, and 120-61-004, 5601 Highway 95 N., and Rezoning the Properties from C-2/PD (General Commercial Planned Development District) to C-2 (General Commercial District) (Stuart Schmeling) Zoning Administrator Stuart Schmeling advised that the mall is located in the northern portion of the community on the west side of Highway 95, adjacent to the Lake Havasu Municipal Airport. He reviewed the original General Development Plan from 1997, referred to as “The Centre” project, which had a variety of uses including a hotel parcel, regional mall concept, and industrial park sites. He said the plan was amended and rezoned in 2005 to 105-acres and had several conditions placed on the mall and some allowances as well within the Planned Development (PD). Mr. Schmeling reviewed a map provided by the applicant and said their request originally included four parcels: the center area referred to as the mall proper, and three outparcels (just over one acre each). He said staff received an email this morning from the applicant requesting that the three outparcels be removed from the request; therefore, any Council action will only apply to the property outlined in blue. He reviewed the two undeveloped areas on the map, submitted by the applicant, that are included in the request. Mr. Schmeling added that there was an amendment in 2007, which only applies to the outparcels. He said the City’s Development Code does not include a definition for omnichannel retail, nor was it a consideration when the mall was originally developed in 2005; therefore, the applicant had a choice to either amend the PD or remove it from the PD. He said the applicant chose to remove it from Lake Havasu City Page 4 Printed on 5/15/2019 City Council Minutes - Final April 23, 2019 the PD because it is a use that is not described in the code. He said one of the procedures that staff does is look for something that the definition most closely relates to, which, he said, in this case is warehousing and wholesale distribution, which is allowed in the C-2 District; however, staff felt that the most appropriate action would be to take it through a major amendment or rezoning. Mr. Mychal Gorden, applicant, said he is the applicant on behalf of the owner, Mr. Jarrett Portz. He explained the history of the mall property and various PD amendments. He said they have seen an “effort” in terms of trying to stay up with current market conditions and adapt and said the mall proper developed years ago by an out of town development company that did their best in getting the mall filled and were successful in getting some major anchors that have done well and continue to be very successful. He said since inception, the mall has struggled with the traditional mall component, most commonly referred to as the “mall proper” or “main street” aspect of the mall, to bring traditional mall retail to The Shops at Lake Havasu. He said retail has changed dramatically across the country and the traditional mall setups in general struggle and are being redeveloped or reimagined in various capacities. Mr. Gorden said fortunately over the past year, there was an opportunity for the Partnership for Economic Development (PED) to assist a local investor to gain control of a portion of the mall, which is a big step and turning point for Lake Havasu City and for the mall in general with a local ownership and local presence at the mall. He said the mall proper is the center part of the mall and now with local ownership, with the intent and vision that the investors have, he feels that this can reimagine the center of the mall and bring activity and life to the area. He said the existing PD is fairly restrictive on the types of uses and definitions of what can go into the mall proper, which is straight retail. He said retail in today’s world has changed a lot and the omnichannel is the shift in retail across the county from small online retailers to major retailers. Mr. Gorden explained that omnichannel focuses on stores and retailers, but also support online and with local deliveries from the retail store to local residents and businesses. He said this type of use does not fit well into the existing PD as it is crafted; therefore, they are before the Council to pull the core of the mall out of the PD allowing it to fall within the general C-2 zoning classifications which allows a mix of retail uses within C-2 but done in a way that supports the mall. He said other things that are envisioned out there include activity drivers and sports venues that bring children and families out to the mall for other reasons besides shopping. Mr. Gorden added that there are still restricted covenants on the private side that control the look, feel, and uses of the mall area. Mr. James Gray, PED, addressed the Council and explained how the PED got involved with the re-visioning of the mall. He said omnichannel does two things: 1) meets the customers where they are – their phone, and 2) takes the in-store locations online to have an unlimited number of customers. Mr. Gray said the goal was to create the employment sector side, heightening the entertainment side, and create a new smaller retail but still Lake Havasu City Page 5 Printed on 5/15/2019 City Council Minutes - Final April 23, 2019 retail driven. Mr. Jarrett Portz, owner, addressed the Council and said he is a local resident and a graduate of Lake Havasu High School. He said his family is committed to the community which is why, when they were considering relocating one of their companies to the west coast, they looked at Lake Havasu City. He said when approached by Mr. Gray, they were looking into the feasibility of bringing in an omnichannel online retailer to Lake Havasu City. He said it is an exciting opportunity to have the potential of two great companies that want to invest in this location which will employ people and serve a need in Lake Havasu City. He said they have received overwhelming support to bring in other venues like a chain restaurant and high performance indoor sports center. Mr. Portz said he appreciates the support that he has received from the City Council and the City. Mayor Sheehy opened the public hearing. Ms. Sigler Rock addressed the Council regarding zoning of the mall. She said the money that was used to build the mall is part of her inheritance. She said the reason for the problems with the miscommunication and empty stores at the mall is because of her inheritance. Mr. Sieker addressed the Council and said as a third party coach for Americans with Disabilities he would be visiting the new retailers at the mall. Mr. Dante Marinelli, resident, addressed the Council in support of the project. He said Lake Havasu City is a very viable city and this is a great opportunity for Lake Havasu City to move forward. Mr. Marinelli said malls around the country have changed and converted to this type of program, and added that when the City has an opportunity to see a local investor take a step forward, he thinks the City should move forward as well. Mr. Chad Nelson, resident, addressed the Council and said he is a member of the Planning and Zoning Commission but was not present when this item was brought before the Planning and Zoning Commission. He said he supports this project and added that this is an opportunity for the city to save the mall. There being no further comments, Mayor Sheehy closed the public hearing. Vice Mayor Lane said the big box stores at the mall have embraced the omnichannel and this is a new way of shopping. He said as Mr. Gorden stated, the city is always trying to keep up with current market conditions and this is a chance to leap forward, lead the way, and change the mall proper to something viable for the city. He said with Vision 20/20 residents wanted the City to help the young entrepreneurs in town develop the city and Lake Havasu City Page 6 Printed on 5/15/2019 City Council Minutes - Final April 23, 2019 help grow their businesses. Vice Mayor Lane said this is the perfect opportunity for the City Council to do something and said he looks forward to seeing good things happen out there. Councilmember Dolan said the big box stores currently at the mall have been successful and he feels that this is the missing piece. He reminded the public that the City Council is only deciding on the zoning, and the people making the big decisions on what happens out there are the investors. Councilmember McCoy asked if the big box stores at the mall fully support this development, to which Mr. Gray replied that the PED and investors talked with and held a meeting with the stores. He said they have held up their part in being out there with an expectation that the mall, since 2008, would be full. He said they are on board and have even offered to be a part of the team. Councilmember McCoy asked about the number of landowners, to which Mr. Gray said he did not have the exact number, but noted that there are several. Councilmember McCoy asked if everyone is working together, to which Mr. Gray said the four previous stakeholders in the mall proper put up money in an opportunity fund and are still partners with stake in it. He added that they are involved in the meetings and want to see this succeed. Councilmember Groat asked if any objections were received, to which Mr. Schmeling replied that the City did not receive any verbal or written objections. Mayor Sheehy added that this item comes from the Planning and Zoning Commission with a unanimous recommendation of approval. Councilmember Dolan moved to adopt Ordinance No. 19-1217 amending Planned Development 05-00200008 by removing parcels APNs 120-54-002, 120-54-003B, 120-54-004, 120-54-007, and 120-61-004, and rezoning the properties from C-2/PD (General Commercial Planned Development District) to C-2 (General Commercial District), seconded by Councilmember Groat, and carried by the following vote: Aye: 7 - Mayor Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember Groat, Councilmember Lin, Councilmember McCoy and Councilmember Dolan 8.3 ID 19-1962 Adopt Resolution No. 19-3296 Approving the Submission of a Grant Application to the Bureau of Reclamation for Water System Leak Detection and Water Meter Upgrades and Authorizing Execution of Necessary Documents and Implementation of the Activities Funded by the Grant (Doyle Wilson) Water Resources Coordinator Doyle Wilson addressed the Council and stated that the Lake Havasu City Page 7 Printed on 5/15/2019 City Council Minutes - Final April 23, 2019 resolution before Council is for a leak detection survey proposal to look at 500 miles of the city’s water distribution system. He said in previous years the process averaged over a five-year period which was lengthy and expensive; however, with new technology, the time is shortened considerably within a month to do all of the city. He said 52 cities within the United States have invoked on this form of technology. Dr. Wilson noted that this is a submission of a grant proposal which does not guarantee it will be accepted or awarded by the United States Bureau of Reclamation. He said the City also wanted to add to the contribution for replacing and accelerating the City’s water meters that under-read after 20 to 25 years. He said after consulting with City staff, approximately four major water breaks occur each year in the water distribution system to the point of tearing up the streets, and this new technology should increase detection efficiency. Councilmember Groat asked for insight into the technology, to which Dr. Wilson explained that it is satellite imagery that uses microwave technology which is part of a radar band that is sent down to the surface of the earth and penetrated into the ground about 12 feet to detect chlorine in the water. Dr. Wilson explained in detail the process that is used to prioritize general areas and pinpoint the leaks. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Vice Mayor Lane moved to adopt Resolution No. 19-3296 approving the submission of a grant application to the Bureau of Reclamation for water system leak detection and water meter upgrades and authorizing execution of necessary documents and implementation of the activities funded by the grant, seconded by Councilmember Coke, and carried by the following vote: Aye: 7 - Mayor Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember Groat, Councilmember Lin, Councilmember McCoy and Councilmember Dolan 7.2 ID 19-1974 City Manager’s Report (Jess Knudson) City Manager Jess Knudson reported on the following: • Havasu Mobility received the Outstanding Special Needs Transportation Program Award at the 32nd Annual Arizona Transit Association Conference. • A Tri-City Council Meeting was held in Kingman on April 17, 2019. • Vice Mayor Lane and Councilmember McCoy attended the Marine Corps League Memorial Service. • Fire Chief Brian Davis hosted the Tamarack Neighborhood Watch meeting at Fire Station No. 2 discussing the Knox Box system. • Mayor Sheehy proclaimed the week of April 22-26, 2019, as National After School Program Professionals Week and presented the proclamation to the Lake Lake Havasu City Page 8 Printed on 5/15/2019 City Council Minutes - Final April 23, 2019 Havasu City Parks and Recreation After School Program. • The Lake Havasu City Police Department is hosting a Forum at the Council Chambers on April 25, 2019, at 6:00 p.m. for anyone interested in becoming a Police Officer. • National Mayor’s Challenge for Water Conservation at mywaterpledge.com • McCulloch Boulevard will be closed from Acoma Boulevard to Riviera Drive on April 25, 2019, from 7:00 a.m. to 11:00 p.m. for the Annual Desert Storm Street Party. • Pharmaceutical Take-Back Day will be held at the Lake Havasu City Police Department on April 27, 2019, from 10:00 a.m. to 2:00 p.m. • Coffee with the Mayor and City Manager will be held at the Lake Havasu City Police Department Council Chambers Room on May 3, 2019, at 8:30 a.m. 9. CURRENT EVENTS Mayor Sheehy encouraged citizens to participate in the National Mayor’s Challenge for Water Conservation at mywaterpledge.com 10. CALL TO THE PUBLIC Mr. Douglas Sieker said he recently attended an event that discussed service animals and the proper protocol of service animal recognition or attire. Mr. Sieker extended an invitation to anyone with a disability, from 9th grade up to 29 years old, to submit an application to attend a camp provided by the Statewide Independent Living Center being held in Prescott Valley. 11. FUTURE MEETINGS Thursday, April 25, 2019 @ 9:00 a.m. – Budget/CIP Overview Work Session Tuesday, May 14, 2019 @ 4:00 p.m. – Executive Session Tuesday, May 14, 2019 @ 6:00 p.m. – Regular Meeting Tuesday, May 28, 2019 @ 6:00 p.m. – Regular Meeting 12. FUTURE AGENDA ITEMS There were no requests for future agenda items. 13. ADJOURN Upon motion by Vice Mayor Lane 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 Regular Meeting Minutes of the Lake Havasu City Council held on the 23rd day of April, 2019. 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 9 Printed on 5/15/2019 City Council Minutes - Final April 23, 2019 Lake Havasu City Page 10 Printed on 5/15/2019