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, January 14, 2020 6:00 PM 1. CALL TO ORDER Mayor Sheehy called the meeting to order at 6:00 p.m. 2. INVOCATION: Suzanne G. Waldron, Mt. Olive Lutheran Church Ms. Bea Evans gave the invocation. 3. PLEDGE OF ALLEGIANCE: First Lego League (FLL) First Lego League (FLL) led in the Pledge of Allegiance. 4. ROLL CALL Present: 7- Mayor Cal Sheehy, Councilmember Jeni Coke, Councilmember Gordon Groat, Councilmember Michele Lin, Councilmember Donna McCoy, Councilmember Jim Dolan and Vice Mayor David Lane 5. CALL TO THE PUBLIC Mr. Chris Deile, resident, addressed the Council concerning public safety and Alcoholics Anonymous (AA) in regards to his involvement and harassment. 6. CONSENT AGENDA 6.1 ID 20-2236 Approve the December 10, 2019, City Council Regular Meeting Minutes (Kelly Williams) 6.2 ID 20-2244 Adopt Resolution No. 20-3368 Authorizing Submission of an Application for Fiscal Year 2020 Grants with the Substance Abuse and Mental Health Services Administration to Expand the Substance Abuse Treatment Capacity in Adult Treatment Drug Courts and Adult Tribal Healing to Wellness Courts to Enhance the Veterans Treatment Court (Mitchell Kalauli) 6.3 ID 20-2255 Adopt Resolution No. 20-3369 Approving and Authorizing Execution of Instruments Necessary to Vacate and Convey Parcel G, Approximately 5,000 Square Feet of Roadway, Between Lots 19 and 20 of Tract 2217, Lake Havasu City Page 1 Printed on 1/30/2020 City Council Minutes - Final January 14, 2020 Block 18 (Luke Morris) 6.4 ID 20-2256 Adopt Resolution No. 20-3370 Approving and Authorizing Execution of Instruments Necessary to Vacate and Convey Parcel H, Approximately 5,000 Square Feet of Roadway, Between Lots 6 and 7 of Tract 2182, Block 14 (Luke Morris) 6.5 ID 20-2259 Adopt Resolution No. 20-3371 Approving a Payroll Deduction Agreement with Lake Havasu Unified School District No. 1 to Allow Participation by City Employees in the Extracurricular Tax Credit Program through Payroll Deductions for Tax Year 2020 (Jill Olsen) 6.6 ID 20-2257 Approval of a Final Condominium Subdivision Plat for Fly-Hi Storage Condominiums Creating 60 Storage Units (Luke Morris) 6.7 ID 20-2235 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 5:00 p.m. Tuesday, January 28, 2020 (Kelly Williams) Councilmember Coke moved to approve the Consent Agenda with the exception of Item 6.2, which was removed from the Consent Agenda for separate discussion, seconded by Councilmember McCoy, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Coke, Councilmember Groat, Councilmember Lin, Councilmember McCoy, Councilmember Dolan and Vice Mayor Lane 6.2 ID 20-2244 Adopt Resolution No. 20-3368 Authorizing Submission of an Application for Fiscal Year 2020 Grants with the Substance Abuse and Mental Health Services Administration to Expand the Substance Abuse Treatment Capacity in Adult Treatment Drug Courts and Adult Tribal Healing to Wellness Courts to Enhance the Veterans Treatment Court (Mitchell Kalauli) City Magistrate Mitchell Kalauli advised that the item before the Council is a request to submit a grant application. Judge Kalauli explained that the current grant is for three years and this would be the next step to provide services for veterans who are not eligible for Veterans Administration (VA) services. Judge Kalauli further explained that the grant would be a continuation of what is currently being done, and noted that the grant application is for five years with a cap of $400,000 per year, or $2 million, if they are able to utilize all the funds. Judge Kalauli said they have had success with the current grant, which ends in October; however, they have a good chance of receiving this grant based on past history and successes with the Veterans Treatment Court program and look forward to serving the veterans in Lake Havasu City. Lake Havasu City Page 2 Printed on 1/30/2020 City Council Minutes - Final January 14, 2020 Councilmember Lin asked what services would be affected if they do not receive the grant money, to which Judge Kalauli said their ability to test and the counseling program would be affected. He explained that part of the program is to make sure participants are not consuming drugs and alcohol while they are in the program; therefore, they are tested randomly twice a week which adds up quickly. Judge Kalauli noted that they ran a successful testing program before they received the grant funding based on the donations from the community. He said if they did not receive the grant, the program would look different; however, it would still be successful. Councilmember Lin asked if an employee’s position and/or salaries would be affected, to which Judge Kalauli replied that they have two part-time positions that are funded by the grant that would disappear; however, the employees were aware of that when they accepted the position. He added that prior to the grant they had the same number of full-time employees so the source of that would come from either the General Fund or the Court Enhancement Fund which has been the funding part of that salary prior to the grant. Councilmember Groat asked how the grant helps individuals with mental health issues, to which Judge Kalauli replied that depending on the type of mental issue they are referred to the VA or Southwest Behavioral Services. He added that under the current grant, 190 veterans were served between Lake Havasu City and the City of Kingman. Mayor Sheehy opened the public hearing. Mr. Chris Deile, resident, addressed the Council again concerning public safety and Alcoholics Anonymous (AA) in regards to his involvement and harassment. There being no further comments, Mayor Sheehy closed the public hearing. Vice Mayor Lane moved to adopt Resolution No. 20-3368 authorizing submission of an application for a Fiscal Year 2020 grant with the Substance Abuse and Mental Health Services Administration, and authorizing the City Magistrate to execute the application and subsequent grant agreements, deliver all documents necessary to carry out the terms and intent of the grant, and take all steps necessary to implement and complete the activities funded and required by the grant, subject to necessary review and approval by the City Attorney, seconded by Councilmember Groat, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Coke, Councilmember Groat, Councilmember Lin, Councilmember McCoy, Councilmember Dolan and Vice Mayor Lane 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT Lake Havasu City Page 3 Printed on 1/30/2020 City Council Minutes - Final January 14, 2020 7.1 ID 20-2249 Fiscal Year 2019-20 1st Quarter Contracted Service Agency Reports (Chief Doyle) Mayor Sheehy noted that this item was for informational purposes only. 7.2 ID 20-2243 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. 7.3 ID 20-2237 City Manager’s Report (Jess Knudson) City Manager Jess Knudson reported on the following: • Fiber Optics Network extended at London Bridge Beach with public WIFI. • City employees were recognized for reaching milestone years of service. • The City received a visit from Mexico Consul General Jorge Mendoza Yescas. • Thanked sponsors and volunteers that contributed to the Annual Community Dinner. • Recognized Ms. Sierra Danielson, Lake Havasu High School Career Exploratory Program student, completed 30 volunteer hours for the City's Information Technology Department. • The Mayor and City Council attended various proclamations, special events, and ribbon cutting ceremonies. • City offices will be closed on Monday, January 20, 2020, in observance of Martin Luther King Jr. holiday. 8. PUBLIC HEARINGS 8.1 ID 20-2242 *Request to Postpone by Applicant* Adopt Ordinance No. 20-1228 Rezoning Tract 2208, Block 13, Parcel L and Tract 2217, Block 9, Lots 3 & 4, from R-1 (Residential Single-Family) District and R-3 (Limited Multiple-Family) District to R-3/PD (Limited Multiple-Family/Planned Development) District not to Exceed 6.99 Units Per Acre (Luke Morris) City Planner Luke Morris addressed the Council and advised that the applicant submitted a written request on January 9, 2020, to postpone this item to the February 25, 2020, meeting. Mr. Morris said staff recommends postponing this item per the applicant’s request. Mayor Sheehy opened the public hearing. Mr. Byron Fox, property owner, addressed the Council concerning three lots that he purchased in 1990 that surround the proposed future high school with the idea to put Lake Havasu City Page 4 Printed on 1/30/2020 City Council Minutes - Final January 14, 2020 condominiums in this area. Mr. Fox said he opposes this project and recommends more R-3 (Limited Multi-Family) District zoning. He added that the proposed area also incurs mudslides due to possible grading problems. Mayor Sheehy clarified that the Lake Havasu Unified School District is one political subdivision and their elected body controls any land they own. He added that the property in question is not owned by the City. Mr. Robert Bishop, resident, addressed the Council and said he lives on Indian Hills Drive and is opposed to this request. Mr. Bishop said he submitted a petition to the City Council that was also brought before the Planning & Zoning Commission (Commission) on November 20, 2020. He said the Commission voted against this item with a 6-0 vote. Mr. Bishop said the item should not be postponed because what is being proposed is not the right place for small density homes. Mr. Chuck Moran, resident, addressed the Council and said he lives on Indian Hills Drive. Mr. Moran stated that the Commission voted against this item and there is no reason to postpone this item. Mr. Moran said this project proposes too much density for the area, with added traffic and grading problems. There being no further comments, Mayor Sheehy closed the public hearing. Councilmember Dolan asked if the applicant provided a reason for the postponement, to which Mr. Morris said that the applicant submitted a written letter requesting additional time to replot the development of 40 units and put together renderings for the meeting to give a better understanding of their request. Mr. Morris added that in the letter the applicant said it is currently zoned single-family residential and requests for it to be changed to multi-family, proposing a subdivision of stand-alone tiny luxury homes. Councilmember Dolan asked if the application would be required to go back to the Commission if the applicant is proposes changes or a new plan, to which City Attorney Kelly Garry said it would be determined by the Zoning Administrator at the time the applicant submits a revised plan or application. Councilmember Dolan asked if this item should be postponed indefinitely until a new plan or application is received, to which Ms. Garry said because the City does not have more information, it is being postponed to February 25, 2020, unless something is turned in prior to that time causing it to be reviewed by the Commission. Mayor Sheehy stated that the intent is for residents or property owners to be aware of the future agenda date that this item will be addressed. Mayor Sheehy said if the application Lake Havasu City Page 5 Printed on 1/30/2020 City Council Minutes - Final January 14, 2020 or submittal is different from what the Commission recommended, then the applicant will have to go back through the process prior to being presented to the Council. Vice Mayor Lane asked when the applicant made this request, to which Mr. Morris said the request was sent by email and was received on January 9, 2020. Vice Mayor Lane expressed his concern regarding the people that traveled to this meeting and the applicant requesting to postpone this item. Mayor Sheehy noted that the applicant was in the audience and invited him to speak. Mr. Sam Woods, applicant, addressed the Council and said they postponed the item due to timing issues during the holidays with putting everything together, including the renderings and new plot layouts. He said what everyone saw was 75 homes on five-acres and they have to replot the area to show the 40 homes. He said they expect to have everything by the February 25, 2020, meeting. Councilmember Dolan thanked Mr. Woods for clarifying and said the concern was that the public thought it would be heard at tonight’s meeting. Mayor Sheehy noted that on February 25, 2020, a full presentation will be made by the applicant and the Council will make a decision based on the information given. Councilmember McCoy asked for clarification on whether the applicant was requesting 75 or 40 homes and if a change would have to go before the Commission, to which Mr. Woods explained that when they started the process it was 75 homes; however, through negotiations it was reduced to 40 homes. He explained that he did not have time to replot the area, so the map that was presented did not clearly represent the project. He said it was proposed at 40 homes and is still currently 40 homes. Councilmember McCoy asked Mr. Woods if he was the builder and owner, to which Mr. Woods replied yes. Councilmember McCoy asked if the item would be required to go before the Commission due to the smaller number of homes, to which Ms. Garry replied no. She explained that 40 homes is the same number that was presented to the Commission. Ms. Garry said if the applicant brings back the same item with additional renderings, it will come back to the Council; however, if something changes then it will go to the Zoning Administrator and then based on that decision it will either go back to the Commission or move forward to the Council. Ms. Garry added that based on the testimony tonight this allows the applicant time to bring renderings, pictures, and show what is being proposed to the Council at the February 25, 2020, meeting. Vice Mayor Lane said the Council wants to hear both sides so that everyone has an Lake Havasu City Page 6 Printed on 1/30/2020 City Council Minutes - Final January 14, 2020 opportunity to be heard and said citizens who are unable to attend a meeting can contact the City Council by email, letter or phone. Mayor Sheehy noted that the Council has received all the feedback; however, this item is just a postponement. Vice Mayor Lane moved to postpone consideration of Ordinance No. 20-1228 until February 25, 2020, seconded by Councilmember McCoy, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Coke, Councilmember Groat, Councilmember Lin, Councilmember McCoy, Councilmember Dolan and Vice Mayor Lane 8.2 ID 19-2240 *Request to Postpone by Applicant* Adopt Ordinance No. 20-1227 Rezoning Tract 100, Block 9, Lot 54, 2105 Moyo Drive, from MU-N/PD (Mixed Use - Neighborhood/Planned Development) District to R-UMS (Residential Uptown McCulloch Mainstreet) District (Luke Morris) Mr. Morris advised Council that on January 9, 2020, the applicant submitted a request to postpone this item until the February 25, 2020, meeting. Mr. Morris added that staff recommends postponing this item per the applicant’s request. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Vice Mayor Lane moved to postpone the consideration of Ordinance No. 20-1227 until February 25, 2020, seconded by Councilmember McCoy, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Coke, Councilmember Groat, Councilmember Lin, Councilmember McCoy, Councilmember Dolan and Vice Mayor Lane 8.3 ID 20-2252 Approve Sole Source Purchase of Water Meters from Badger Meter (Greg Froslie) Public Works Director Greg Froslie addressed the Council and advised that this item is the City’s annual purchase of residential water meters. Mr. Froslie said this is a sole source purchase as Badger Meter was selected many years ago as the City’s standard meter. Councilmember Groat asked about the average lifespan of the meters, to which Mr. Froslie replied that the City has water meters that exceed 20 to 25 years. Mr. Froslie explained that the City has developed a meter replacement program to replace several thousand meters every year to limit the number of meters from exceeding 15 to 20 years. Lake Havasu City Page 7 Printed on 1/30/2020 City Council Minutes - Final January 14, 2020 Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Groat moved to approve the sole source purchase of Badger water meters from Badger Meter in an amount not to exceed $150,000, seconded by Councilmember Dolan, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Coke, Councilmember Groat, Councilmember Lin, Councilmember McCoy, Councilmember Dolan and Vice Mayor Lane 8.4 ID 20-2258 Approve Sole Source and Purchase Contract for the Belt Filter Press Rehab and Control Panel Replacement at the Island and Mulberry Wastewater Treatment Plants with Andritz Separation, Inc. (Mike Slettebo) Utility Supervisor Mike Slettebo addressed the Council and advised that this item is to approve a professional services contract with Andritz Separation, Inc. Mr. Slettebo said funds are budgeted in this fiscal year; however, the funding source changed from the Capital Improvement Plan (CIP) to the Capital Outlay and Operations & Maintenance budget. Mr. Slettebo displayed photographs of the Mulberry Treatment Plant and Island Treatment Plant equipment, control panels, and the deteriorations of the filter press. Councilmember Dolan asked if the equipment will need to be replaced, to which Mr. Slettebo said the City is recommending to rehabilitation versus replacement. He explained that through inspection is was determined that the structure is in good shape and just needs replacement of various parts. Councilmember Dolan asked how long the City could be down before there are issues, to which Mr. Slettebo replied approximately 15 days. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Dolan moved to approve the Sole Source purchase for the Belt Filter Press Rehab and Control Panel Replacement at the Island and Mulberry Wastewater Treatment Plants exceeding $50,000 for FY 2019-20 and FY 2020-21 from Andritz Separation, Inc., seconded by Councilmember Coke, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Coke, Councilmember Groat, Councilmember Lin, Councilmember McCoy, Councilmember Dolan and Vice Mayor Lane 9. CURRENT EVENTS Vice Mayor Lane reported that he attended the Lake Havasu Metropolitan Planning Lake Havasu City Page 8 Printed on 1/30/2020 City Council Minutes - Final January 14, 2020 Organization Executive Board and Technical Advisory Committee meeting, and said the Transportation Plan for Lake Havasu City is complete and will be presented to the City Council for approval at the next regular Council meeting. 10. CALL TO THE PUBLIC Ms. Bea Evans thanked the Council for their hard work and wished the Mayor a happy birthday. 11. FUTURE MEETINGS Tuesday, January 28, 2020 @ 6:00 p.m. – Regular Meeting Thursday, February 6, 2020 @ 8:30 a.m. – City Council Planning Session Tuesday, February 11, 2020 @ 6:00 p.m. – Regular Meeting 12. FUTURE DISCUSSION ITEMS There were no requests from Council for future discussion items. 13. ADJOURN Upon motion by Councilmember McCoy and seconded, the meeting adjourned at 7:10 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 14th day of January, 2020. I further certify that the meeting was duly called and posted, and that a quorum was present. ____________________________________ Kelly Williams, City Clerk/MMC Lake Havasu City Page 9 Printed on 1/30/2020