City Council

Mayor Cal Sheehy Lake Havasu City Vice Mayor Jim Dolan Police Facility Councilmember Nancy 2360 McCulloch Blvd North Campbell Lake Havasu City, Arizona Councilmember Jeni Coke 86403 Councilmember David Lane www.lhcaz.gov Councilmember Michele Lin Councilmember Cameron Moses City Council Regular Meeting Minutes - Final Tuesday, January 11, 2022 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: Havasu Balloon Festival Mr. Steve Ticknor, Havasu Balloon Festival, led in the Pledge of Allegiance. 4. ROLL CALL Present: 7- Mayor Cal Sheehy, Councilmember Nancy Campbell, Councilmember David Lane, Councilmember Michele Lin, Councilmember Cameron Moses, Councilmember Jeni Coke and Vice Mayor Jim Dolan 5. CALL TO THE PUBLIC Ms. Karen Vanderjagt, citizen, addressed the council regarding the City Council oath of office which gives an oath to the organic laws of the land. She spoke on the chief purpose of the four organic laws that are the founding documents of the United States of America. She said sadly the council is breaking their oath of office by raising taxes without the citizens consent, and applying or agreeing to accept federal grants with strings attached for COVID-19 relief. Ms. Ginger Dopler, citizen, addressed the council regarding the City Council oath of office to uphold the constitution. She requested a meeting with the City Council to discuss what parts of the resolution (Resolution 1776) they do not agree with and encouraged the council to read “The Great Reset” by Klaus Schwab. Mr. Ben Peterson, citizen, addressed the council and discussed the Freedom of Information Act request that came through Pfizer to get emergency use authorization for the vaccine. He provided the council with copies of the three month (snapshot) from December 1, 2020, through February 28, 2021, that outlines the recovered, unrecovered, Lake Havasu City Page 1 Printed on 1/26/2022 City Council Minutes - Final January 11, 2022 and fatal outcomes of the vaccine. Ms. Dale Dennis, citizen, addressed the council and spoke on the upcoming elections and City Council seats that will be on the ballot. Ms. Dennis spoke on the vaccines and said Councilmember Coke is employed by Havasu Regional Hospital and 700 of her employees and coworkers were going to be fired over the mandate and she never spoke up and did not go to the rally. Councilmember Coke said it is a conflict of interest for her to show up at an event when she works at the hospital. She said the hospital did not require vaccine mandates the government did, and added that the hospital did make an exception and implemented a rule so that if an employee had a religious exemption they accepted all religious exemptions. Ms. Janet Grippi, citizen, addressed the council and spoke on implementing term limits for city councilmembers to increase the number of competitive elections. Ms. Grippi said two terms are reasonable and noted that nine of the ten largest U.S. cities have term limits. She said it is time for City Councilmembers Coke, Sheehy and Lin to step aside and support new voices who will continue to support the city for the better. She added that serving on the City Council is public service not a career. Ms. Sara Jones, citizen, addressed the council and spoke on devolution of government. She said several of the City Councilmembers have been serving since 2012, 2014, and 2018. She was in favor of term limits and said Councilmember Coke should have stood up before they had to rally for the hospital employees. She said they represent the 57,000 people and the council needs to start listening. Councilmember Campbell said as a Board of Trustee on the Havasu Regional Hospital for the past six years she agrees that the state of medical affairs is dire, and while she is not defending anyone, they fought diligently to stop the vaccine mandates that were coming from higher up. Ms. Peggy Polluck, citizen, addressed the council and thanked the City Council for their hard work and said Lake Havasu City is a great place to live. Mr. Derrick Bielke, owner of Optic Helicopters, addressed the council and said he was before the council in September 2021 requesting changes to the City Code regarding landing of helicopters in city limits. He said he is willing to work with the City Council and has a lot of available resources and feels they can all work together and benefit from changes. Lake Havasu City Page 2 Printed on 1/26/2022 City Council Minutes - Final January 11, 2022 Ms. Cindy Johnson, citizen, addressed the council and said she was impressed by the Fire Chief and Police Chief at a recent Coffee with the Mayor and City Manager she attended because they spoke on the importance of planning for the future and educating their departments and the community for the future. She asked what the City Council is doing to prepare the community for the future? She said she was disappointed to hear that Resolution 1776 was presented to the City Council and was voted down because they need to act now to be prepared for the future. 6. CONSENT AGENDA 6.1 ID 22-3125 Approve the December 14, 2021, City Council Regular Meeting Minutes (Kelly Williams) 6.2 ID 22-3120 Adopt Resolution No. 22-3552 Approving Abandonment of the Easterly 3 Feet of the 8-Foot Public Utility and Drainage Easement on the Westerly Side of Tract 2276, Block 6, Lot 2 (Luke Morris) 6.3 ID 21-3110 Approval of a Final Subdivision Plat for Ladera North at Havasu Foothills, Tract 2387, to Divide 29.01 Acres into 25 Residential Lots and Parcels “A” through “D” in the Havasu Foothills Estates Development (Luke Morris) 6.4 ID 21-3111 Approve a Development Agreement for Ladera North at Havasu Foothills, Tract 2387, with Enclaves 2, LLC, Regarding the Public Improvements and Gated Entry for the Development (Luke Morris) 6.5 ID 22-3123 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 5:00 p.m. Tuesday, January 25, 2022 (Kelly Williams) Councilmember Moses moved to approve the Consent Agenda as presented, seconded by Councilmember Lane, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lane, Councilmember Lin, Councilmember Moses, Councilmember Coke and Vice Mayor Dolan 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 22-3119 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. She added that applications are available at City Hall and also on the City’s website at www.lhcaz.gov. 7.2 ID 22-3124 City Manager’s Report (Jess Knudson) Lake Havasu City Page 3 Printed on 1/26/2022 City Council Minutes - Final January 11, 2022 City Manager Jess Knudson reported on the following: • Announced various events and proclamations. • Acknowledged the retirement of Lake Havasu City Police Lieutenant Shane Sloma with 20 years of service. • The Lake Havasu City Police and Fire Departments were presented with the Mohave County Sheriff’s Office (MCSO) Partnership Award. • The McCulloch Boulevard Pavement Rehabilitation Project will begin on January 13, 2022, from Acoma Boulevard to Smoketree Avenue. • The Lake Havasu City Fire, Rescue & EMS kicked off the new WAVE/CTE Fire Service Program partnership with Lake Havasu High School. • City offices will be closed on Monday, January 17, 2022, in observance of Martin Luther King, Jr. holiday. 8. PUBLIC HEARINGS 8.1 ID 22-3126 Introduce Ordinance No. 22-1278 Amending Lake Havasu City Code Chapter 2.04, City Administration and Council, Council Requests and Public Requests (Kelly Williams) Ms. Williams advised that at the November 23, 2021, City Council regular meeting the City Council provided staff with direction on changes to council requests and public requests. She said the proposed ordinance makes the following changes necessary to carry out the direction received: • Amends City Code Chapter 2.04.280, Council Requests, to include that any member of the council may request that an item be researched further or place an item on future agenda for consideration or discussion and/or any legal action by: o 1) making a motion and receiving a second no vote necessary during the future discussion items portion of the city council meeting, or o 2) submitting a written request to the Mayor and the Mayor will work with the councilmembers and City Manager to determine the best course of action for handling the request. • Amends City Code Chapter 2.04.290, Public Requests, to include that interested parties or their authorized representatives may request for an item be placed on a City Council meeting agenda by submitting a written request to the City Clerk or the City Council as a whole and a councilmember may request further research or placement of that item on the agenda in accordance with the council request process in Chapter 2.04.280. Mayor Sheehy said the council had a lengthy discussion at their November meeting and believes the proposed changes take into consideration the direction from council. Mayor Sheehy opened the public hearing. There being no comments, he closed the public Lake Havasu City Page 4 Printed on 1/26/2022 City Council Minutes - Final January 11, 2022 hearing. Councilmember Campbell moved to introduce Ordinance No. 22-1278 amending Lake Havasu City Code Chapter 2.04, Administration and City Council, regarding council requests and public requests, seconded by Councilmember Lin, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lane, Councilmember Lin, Councilmember Moses, Councilmember Coke and Vice Mayor Dolan 8.2 ID 21-3103 Adopt Ordinance No. 22-1277, Approving a Planned Development Rezone for 401, 411, 421, 431, and 441 Lake Havasu Avenue N., Tract 2305, Block 2, Lots 10 Through 14, from Multiple-Family (R-M) to Mixed Use-General/Planned Development (MU-G/PD) District, Prohibiting the Allowable Land Use of Self-Storage/Mini Storage (Storage Units) (Luke Morris) Planning Division Manager Luke Morris said the subject property consists of five lots (approximately 2 ¾ acres) on Lake Havasu Avenue North between Palo Verde Boulevard and Industrial Boulevard that is currently vacant and undeveloped. He said the property is currently zoned Residential Multiple-Family (R-M) with surrounding zoning consisting of R-M, Manufactured Home (RMH) and Limited Commercial (C-1). He explained that the Mixed Use-General (MU-G) district allows commercial uses and the potential of residential development above the ground floor, with principal land uses of commercial, service and recreation activities, and high-density residential. Mr. Morris added that the maximum building height in MU-G is 30 feet, the same as the underlying R-M zoning district. He explained that at least 25 percent of the ground floor area of the structure must be accompanied by non-residential uses and any dwelling units shall not be located on the ground floor. He said the proposed zoning would allow the potential of both commercial and multi-family residential development on the property, but would also allow commercial uses without the residential component. Mr. Morris stated that storage units are allowed in the MU-G district; however, the applicant has requested that storage units not be allowed through a Planned Development (PD) rezone to eliminate storage units as an allowed use. Mr. Morris said if approved, the rezone would allow all uses in the MU-G except storage units. This item was heard by the Planning Commission at their meeting in December 2021 with a recommendation of approval 7-0. Mayor Sheehy opened the public hearing. Mr. John Parrott, applicant, addressed the council and said they are seeking approval to change the zoning district from R-M to MU-G, which they believe to be the highest and best use of the property adding that the city’s 2016 General Plan also calls for this Lake Havasu City Page 5 Printed on 1/26/2022 City Council Minutes - Final January 11, 2022 property to be commercial. He noted that the City Council has been concerned about depleting the inventory of commercial property when requested to rezone commercial-nodal to residential, which this request does the exact opposite and adds almost three acres of commercial inventory. Mr. Parrott added that they feel MU-G is most appropriate with the surrounding residential and will allow for residential on the second floor which is a concept they have been trying to implement in the community and downtown area. He added that they do not believe storage units are an appropriate use for this property and have requested to eliminate them as an allowed use through the PD. Councilmember Campbell was in favor of this concept, design and vision that is so feasible in growing communities. She said the city’s commercial-nodes have a lot of potential. Ms. Feliz Felino, citizen, asked if the mayor would have to recuse himself from voting due to a conflict of interest being a realtor. Mayor Sheehy stated that he does not have a conflict of interest as he does not have any investment or ownership in this property. He added that he has a valid Arizona sales license as a realtor for personal use. Mr. David Diaz, citizen, addressed the council and said these types of developments combining commercial and residential have been very popular in other cities that have been very popular. There being no further comments, Mayor Sheehy closed the public hearing. Councilmember Lane moved to adopt Ordinance No. 22-1277, approving a planned development rezone for 401, 411, 421, 431, and 441 Lake Havasu Avenue N., Tract 2305, Block 2, Lots 10 through 14, from Multiple-Family to Mixed Use-General/Planned Development District, prohibiting the allowable land use of self-storage/mini storage (storage units), seconded by Councilmember Moses, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lane, Councilmember Lin, Councilmember Moses, Councilmember Coke and Vice Mayor Dolan 8.3 ID 21-3092 Approve the Cooperative Purchase of Seventeen (17) Complete Sets of Structural/Extrication Personal Protection Equipment (PPE) from Matlick Enterprises dba United Fire Equipment Company (Chief Pilafas) Fire Chief Peter Pilafas advised that staff is requesting approval of a cooperative agreement to purchase 17 complete sets of Personal Protective Equipment (PPE) for firefighting. He said the sets consist of the turnout gear only (coats, pants, and suspenders). Chief Pilafas explained that their replacement program replaces the Lake Havasu City Page 6 Printed on 1/26/2022 City Council Minutes - Final January 11, 2022 equipment every 10 years due to average lifespan, with a goal to provide firefighters with two sets of gear to reduce carcinogen exposure and keep them safe. Mayor Sheehy opened the public hearing. Mr. Tim Murray, citizen, addressed the council and spoke on the importance of PPE. Mr. Danny Rikenbye, citizen, addressed the council and asked why this purchase needs approval by the City Council. Mayor Sheehy stated that the City Code requires purchases over $50,000 be approved by the City Council. There being no further comments, Mayor Sheehy closed the public hearing. Councilmember Lane moved to approve the cooperative purchase of seventeen complete sets of Structural/Extrication Personal Protection Equipment (PPE) from Matlick Enterprises dba United Fire Equipment Company in the amount of $54,763.46 utilizing the Arizona Department of Environmental Quality Contract CTR050476 and authorize the City Manager to execute the Agreement on behalf of the City and authorize City staff to execute additional renewal options, seconded by Councilmember Moses, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lane, Councilmember Lin, Councilmember Moses, Councilmember Coke and Vice Mayor Dolan 8.4 ID 21-3115 Award Bid for the Avalon Drain #2 Wash Stabilization Improvements Project to Perco Rock Company (Kathy Raasch) Project Manager Kathy Raasch advised that this item is to award bid for the Avalon Drain #2 Wash Stabilization Project. She said the project location is from Avalon Avenue to Angler Drive and reviewed the existing conditions of the bank erosion and wash. She said in September 2015 an analysis was completed on all washes and ranked according to risk of the slope failing and scouring. She said Avalon Drain #2 was ranked the fifth highest among the top ten priority projects. Ms. Raasch said the intent of this project is to install a series of concrete drop structures to reduce erosion in the wash and create a systematic bed stabilization, and the existing wash banks will be repaired in critical areas that have eroded or become steep over time. The project will include the following: 16 cast in place concrete drop structures, channel excavation, gabion baskets, and access ramps for utility maintenance. Ms. Raasch said the low bidder for this project was Perco Rock Company in the amount Lake Havasu City Page 7 Printed on 1/26/2022 City Council Minutes - Final January 11, 2022 of $1,436,555. She said the project is scheduled to be completed in July 2022. Councilmember Campbell spoke on quality of work performed by Perco Rock Company. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. There was discussion regarding the flood control funds that are generated from property tax for wash projects in the community. Vice Mayor Dolan moved to award the bid for the Avalon Drain #2 Wash Stabilization Improvements Project to Perco Rock Company in the amount of $1,436,555, seconded by Councilmember Moses, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lane, Councilmember Lin, Councilmember Moses, Councilmember Coke and Vice Mayor Dolan 8.5 ID 22-3121 Award Agreement for Professional Services (Construction Management) for the Avalon Drain #2 Wash Stabilization Improvements Project to Kimley-Horn & Associates, Inc. (Kathy Raasch) Ms. Raasch advised that this item is related to the Avalon Drain #2 Wash Stabilization Improvements Project and is requesting award of an agreement for professional services to Kimley-Horn & Associates for the construction management and oversight of the project in the amount of $69,656. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Vice Mayor Dolan moved to award the Agreement for Professional Services for the Avalon Drain #2 Wash Stabilization Improvements Project to Kimley-Horn & Associates, Inc., in the amount of $69,656, seconded by Councilmember Lin, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lane, Councilmember Lin, Councilmember Moses, Councilmember Coke and Vice Mayor Dolan 9. CURRENT EVENTS There were no council committee reports. 10. FUTURE MEETINGS Tuesday, January 25, 2022 @ 6:00 p.m. – Regular Meeting Thursday, February 3, 2022 @ 8:30 a.m. – Planning Session Lake Havasu City Page 8 Printed on 1/26/2022 City Council Minutes - Final January 11, 2022 Tuesday, February 8, 2022 @ 6:00 p.m. – Regular Meeting 11. FUTURE DISCUSSION ITEMS There were no requests from council for future discussion items. 12. ADJOURN Upon motion by Councilmember Lane and seconded, the meeting adjourned at 7:09 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 11th day of January, 2022. 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 1/26/2022