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, February 25, 2020 6:00 PM 1. CALL TO ORDER Mayor Sheehy called the meeting to order at 6:00 p.m. 2. INVOCATION: Pastor Dale Ray, Lakeview Community Church Pastor Dale Ray, Lakeview Community Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: First Friday Ms. Jillian Usher, First Friday, led in the Pledge of Allegiance. 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 There were no requests to address the Council. 6. CONSENT AGENDA 6.1 ID 20-2302 Approve the February 11, 2020, City Council Regular Meeting Minutes (Kelly Williams) 6.2 ID 20-2287 Adopt Resolution No. 20-3378 Approving a Grant Agreement with the Arizona Department of Transportation, Multimodal Planning Division - Aeronautics Group, for the Redesign of Taxiway A, Two Connectors, and Associated Lighting (Jeff Herb) 6.3 ID 20-2300 Adopt Resolution No. 20-3379 Approving and Authorizing the City Manager to Execute the Intergovernmental Agreement with the Arizona Board of Regents, on Behalf of the University of Arizona, for the Arizona Project WET Program Water Festival (J. Greg Froslie) 6.4 ID 20-2305 Approve Lease Agreement with River Cities United Way for Office Space Lake Havasu City Page 1 Printed on 3/11/2020 City Council Minutes - Final February 25, 2020 at 145 North Lake Havasu Avenue (Fire Station No. 5) (Jill Olsen) 6.5 ID 20-2301 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 5:00 p.m. Tuesday, March 10, 2020 (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 20-2295 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 20-2303 City Manager’s Report (Jess Knudson) City Manager Jess Knudson reported on the following: • Lake Havasu Area Chamber of Commerce hosted the State of the State and the State of the City address by Governor Ducey and Mayor Sheehy. • Reported on various proclamations, awards, and special recognitions. • Building updates. • The next Coffee with the Mayor and City Manager will be held at The Views at Lake Havasu, on February 28, 2020, at 8:30 a.m. 8. PUBLIC HEARINGS 8.1 ID 20-2274 Adopt Resolution No. 20-3377 Ordering and Calling a Primary Election to be Held on Tuesday, August 4, 2020, and, If Necessary, a General Election to be Held on Tuesday, November 3, 2020, to Nominate Candidates for Councilmember Positions; and Providing for and Giving Notice of Such Elections and the Deadline for Voter Registration; and the Place and Last Date for Candidates to File Nomination Papers (Kelly Williams) Ms. Williams addressed the Council and advised that this resolution designates Tuesday, August 4, 2020, as the date for holding the Primary Election in Lake Havasu City for the purpose of nominating candidates for three councilmember positions. Ms. Williams said Lake Havasu City will also hold a General Election on Tuesday, November 3, 2020, and noted that any candidates receiving a majority of all votes cast at the Primary Election will be declared elected without running in the General Election. She said in order to be Lake Havasu City Page 2 Printed on 3/11/2020 City Council Minutes - Final February 25, 2020 qualified to vote, electors must be registered by July 6, 2020, for the Primary Election and October 5, 2020, for the General Election. Ms. Williams said candidates seeking office for councilmember may obtain the nomination petitions and other materials at the City Clerk’s office. She said candidates must file their nomination papers and other required forms by the deadline of April 6, 2020, at 5:00 p.m. in order for their names to appear on the Primary Election ballot. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Dolan moved to adopt Resolution No. 20-3377 ordering and calling a Primary Election to be held on Tuesday, August 4, 2020, and, if necessary, a General Election to be held on Tuesday, November 3, 2020, to nominate candidates for Councilmember positions; and providing for and giving notice of such elections and the deadline for voter registration; and the place and last date for candidates to file nomination papers, seconded by Councilmember Lin, 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 20-2293 *Withdrawn 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 met with City staff and requested to withdraw this application. He added that the applicant plans to redesign the project reducing the number of residential units. Mayor Sheehy asked if the applicant would be required to start the process from the beginning, to which Mr. Morris replied that the applicant would be required to start the process from the beginning if it required a rezoning. Mr. Morris explained the three-step process. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Mayor Sheehy stated that the item was withdrawn and no action was required by the Council. 8.3 ID 20-2294 *Withdrawn by Applicant* Adopt Ordinance No. 20-1227 Rezoning Tract Lake Havasu City Page 3 Printed on 3/11/2020 City Council Minutes - Final February 25, 2020 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 that the applicant met with City staff and requested to withdraw this application. He said the property owner has decided that they may want to develop it as originally zoned. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Mayor Sheehy stated that the item was withdrawn and no action was required by the Council. 8.4 ID 20-2296 Adopt Ordinance No. 20-1230 Approving a Major Amendment to Planned Development No. 97-005 (The Centre) by Removing and Rezoning APNS 120-56-001, 120-56-002 & 120-56-003 (30, 40, & 80 Retail Center Boulevard, Parcels A, B, & C) from C-2/PD (General Commercial Planned Development District) to C-2 (General Commercial District) (Luke Morris) Mr. Morris advised that the subject properties are located on the north end of the city along Highway 95. Mr. Morris explained that the properties are bordered on the east by the Home Depot, the north by Retail Centre Boulevard, the west by County land, and the south by an RV park, sewer lift station, and electrical substation. Mr. Morris reviewed the parcel plat for Parcels A, B, and C. He said various easements run around and through the property, as well as a wash that runs through the property with no added improvements necessary at this point. Mr. Morris provided background information on the subject properties. He explained that a Planned Development (PD) was amended in 1997, rezoning the property to General Commercial Planned Development District (C-2/PD). He said there is a general development plan for the properties within the mall development; however, the rest of the properties did not have a specific development plan for the buildings. Mr. Morris explained that the Council rezoned several of the surrounding properties from C-2/PD to General Commercial District (C-2), removing them from the PD. He said the applicant is requesting the same rezoning from C-2/PD to C-2, and noted that the Planning and Zoning Commission (Commission) approved this request 6-0. Mayor Sheehy asked why the applicant is requesting to be removed from the PD, to which Mr. Morris explained that in most cases, properties within a PD are reviewed for design review by the Commission and/or City Council. He said prior to the recent code Lake Havasu City Page 4 Printed on 3/11/2020 City Council Minutes - Final February 25, 2020 changes, a PD would require design review by the Commission and City Council; however, with the current code it is not required to go before the Commission and City Council; therefore, one advantage of removing from the PD is that the design review would be done by City staff versus the Commission and/or City Council. Mayor Sheehy said for clarification, regardless of the PD C-2 zoning allows for usages such as storage units and by removing from the PD, it removes this application from having to go through two additional steps for approval by the Commission and City Council. Councilmember Dolan said for clarification, the PD is following the rules that were adopted when the property for the mall area became C-2/PD. He said by removing the PD, it rezones the property to C-2 like the surrounding properties, to which Mr. Morris replied yes. Mayor Sheehy opened the public hearing. Mr. Tom Sanders, owner of Our Pampered Home, stated that his business occupies the mall area and as a business owner, he does not see the upside of encasing the mall property in storage units. Mr. Sanders expressed his concern that storage units are not retail friendly and not a good use of that property. There being no further comments, Mayor Sheehy closed the public hearing. Vice Mayor Lane asked if this would require Commission and/or City Council approval if the developer was proposing storage units to be built there, to which Mr. Morris said this request is to rezone the property from C-2/PD to C-2 zoning; therefore, any use that is allowed in the C-2 zoning district would be allowed. Mr. Morris explained that the proposed use would have to go through design review by City staff, but would not require design review approval through the Commission or City Council. Vice Mayor Lane said there has been a lot of rezoning in this area to bring forward commercial use and did not think storage units would be a good use of the property Development Services Director/Zoning Administrator Stuart Schmeling stated that by rezoning the property to C-2, it allows the site plan approval (design review) to be done by City staff. He said if the City Council feels that they need to be a part of the design review process, which involves review of things like landscaping and parking spaces, then they may want to keep as it is currently zoned, C-2/PD. He further clarified that by rezoning; it would allow any of the permitted uses within the C-2 District to be developed on that property. Lake Havasu City Page 5 Printed on 3/11/2020 City Council Minutes - Final February 25, 2020 Councilmember Dolan said he would be more concerned if the property was not already zoned as C-2 and noted that what this rezone is doing is allowing the developer to decide what belongs there based on what the property is worth. Mr. Schmeling added that by removing the PD it takes 90 to 120 days off the development of those lots. Mayor Sheehy said the General Plan identifies some of these areas as employment use and noted that the City has some land challenges with infill in the community. He said storage units are in high demand; however, the Council will need to start the discussions concerning future land use. Councilmember Dolan moved to adopt Ordinance No. 20-1230 amending Planned Development No. 97-005 by removing from the Planned Development and rezoning APNs 120-56-001, 120-56-002, and 120-56-003 from C-2/PD to C-2, seconded by Councilmember Groat, and carried by the following vote: Aye: 6 - Mayor Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember Groat, Councilmember McCoy and Councilmember Dolan Nay: 1 - Councilmember Lin 9. CURRENT EVENTS Councilmember Lin reported that the Parks and Recreation Advisory Board (PRAB) held discussions regarding changing the frequency of the meetings. She said the members were in favor of keeping monthly meetings. Councilmember Lin also gave her condolences to the family of Chuck Vaughn, Parks and Recreation Advisory Board member, who recently passed away. Vice Mayor Lane invited the City Council to attend the Little League Opening Ceremony on March 6, 2020*, at 6:00 p.m. (*date corrected to March 13, 2020) Councilmember Dolan reported that the Airport Advisory Board (AAB) held discussions regarding the Airport Master Plan, future agenda items, Open Meeting Law, and topics from the Council Planning Session. Councilmember McCoy reported that the Western Arizona Council of Governments (WACOG) has many services for the elderly, care givers, and family members. Councilmember McCoy said residents can contact (800) 782-1886 for more information. 10. CALL TO THE PUBLIC Mr. Mark Zieff, resident and member on the PRAB and AAB, addressed the Council Lake Havasu City Page 6 Printed on 3/11/2020 City Council Minutes - Final February 25, 2020 concerning changing the advisory board meetings from monthly to quarterly or bi-monthly. Mr. Zieff said monthly meetings allow the public to voice their concerns and address new issues with the Board. He said he thought it would be easier to cancel monthly meetings when not needed, and added that changing the meeting times would also require revisions to the City Code. Mayor Sheehy stated that the City Council gave City staff direction during the Council Planning Session regarding this process and rewriting the City Code. Dr. Genevieve Newman, resident, addressed the Council and said she lives on Indian Hills Drive and is speaking on the item that was withdrawn. Dr. Newman said she submitted a letter to the Council from her neighbor concerning the proposed tiny homes. She said she has lived in Lake Havasu for 30 years and is concerned about property values. She said 500 square feet is the minimum requirement for a home on an R-1 property, which is very tiny. Dr. Newman asked if anyone is looking at the overall picture of housing in the city, and if the City has discussed this with the Federal Government. She said her objection to the developer’s concept of these “luxury” tiny homes is that the footprint is very small and there is no room to expand. Dr. Newman said she would be willing to serve on task force to look into low-income housing in Lake Havasu City. 11. FUTURE MEETINGS Tuesday, March 10, 2020 @ 6:00 p.m. – Regular Meeting Tuesday, March 24, 2020 @ 6:00 p.m. – Regular Meeting 12. FUTURE DISCUSSION ITEMS There were no requests from the Council for future discussion items. 13. ADJOURN Upon motion by Vice Mayor Lane and seconded, the meeting adjourned at 6:41 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 25th day of February, 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 7 Printed on 3/11/2020