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City Council

Regular Meeting

Lake Havasu City, AZ · April 12, 2022

AgendaMinutes

Minutes

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, April 12, 2022 6:00 PM 1. CALL TO ORDER Mayor Sheehy called the meeting to order at 6:00 p.m. 2. INVOCATION: Pastor Paul Russin, Redemption Hill Calvary Chapel Pastor Paul Rusin, Redemption Hill Calvary Chapel, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Arizona Sonshine Free Clinic Mr. Joe Fischer, Arizona Sonshine Free Clinic, 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 *Councilmember Michele Lin was present via remote conferencing. 5. CALL TO THE PUBLIC Mr. Titus Whorf, citizen, addressed the council and spoke concerning an indecent exposure in a locker room and how it has affected his life. He said he does not understand how a public locker room is any different than a public bathroom where a person is required to change in a private changing area or stall. Ms. Christine Simmons, citizen, addressed the council and spoke about a recent cleanup event organized by volunteers of the Protect Our Deserts (P.O.D.) group. She thanked the Bureau of Land Management for providing the dumpster and trash bags at their event and encouraged citizens to contact Republic Services to schedule free bulk trash pickups. Ms. Bonnie Toy, citizen, addressed the council requesting that the city look at offering special open swim rates during the summer and utilizing the City’s social media pages to inform the public about things in the community like crosswalk safety. 6. CONSENT AGENDA Lake Havasu City Page 1 Printed on 5/9/2022 City Council Minutes - Final April 12, 2022 6.1 ID 22-3246 Approve the March 22, 2022, City Council Regular Meeting Minutes (Kelly Williams) 6.2 ID 22-3234 Adopt Resolution No. 22-3565 Approving Abandonment of the Entire 20-Foot Public Utility and Drainage Easement Near the Center of Tract 124, Block 13, Lot 6-A, Except the 10 Feet on the South Property Line (Luke Morris) 6.3 ID 22-3238 Adopt Resolution No. 22-3567 Affirmatively Furthering Fair Housing in Lake Havasu City (Holly Morin) 6.4 ID 22-3240 Adopt Resolution No. 22-3568 Ratifying the Submission of a Grant Application to the Office of Senator Kelly for Fiscal Year 2023 Congressionally Directed Spending for the Lake Havasu City Police Station and Jail Refurbishment and Authorizing Execution of Necessary Documents and Implementation of the Activities Funded by the Grant (Dan Sloan) 6.5 ID 22-3244 Adopt Resolution No. 22-3569 Approving an Intergovernmental Agreement with the Mohave County Flood Control District for Flood Control Purposes (Kathy Raasch) 6.6 ID 22-3242 Adopt Resolution No. 22-3570 Approving the Submission of a Grant Application to the U.S. Department of Justice - Community Oriented Policing Services for Law Enforcement Mental Health and Wellness Act Funding (Chief Doyle) 6.7 ID 22-3239 Approval of the Final Plat for Site Six at Palisades, at 2830 Palisades Drive, Tract 2226, Block 2, Lot 16, Creating a 4-Unit Residential Condominium Subdivision in the Limited Multiple-Family (R-3) District (Luke Morris) 6.8 ID 22-3245 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 3:30 p.m., Tuesday, April 26, 2022 (Kelly Williams) Councilmember Coke 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 22-3241 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 on the City’s website at www.lhcaz.gov. Lake Havasu City Page 2 Printed on 5/9/2022 City Council Minutes - Final April 12, 2022 7.2 ID 22-3247 City Manager’s Report (Jess Knudson) City Manager Jess Knudson reported on the following: • Announced various events and proclamations. • The Lake Havasu City Veterans Treatment Court held its 39th graduation ceremony on April 8, 2022. • City offices will be closed on Friday, April 15, 2022, in observance of Good Friday. 8. PUBLIC HEARINGS 8.1 ID 22-3232 Series #11 Hotel/Motel Liquor License, Quality Inn & Suites, 271 S. Lake Havasu Avenue/Miller (Kelly Williams) Ms. Williams advised that Mr. Jeffrey Miller has applied for a Series #11 Hotel/Motel Liquor License for Quality Inn & Suites located at 271 S. Lake Havasu Avenue. She said all posting requirements have been met, all fees have been paid, and no objections were received. She added that the location is properly zoned for a Series #11 liquor license. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Lane moved to recommend that the Arizona Department of Liquor Licenses & Control approve a Series #11 hotel/motel liquor license for Quality Inn & Suites, 271 S. Lake Havasu Avenue, seconded by Councilmember Campbell, 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 22-3233 Series #12 Restaurant Liquor License, Quality Inn & Suites, 271 S. Lake Havasu Avenue/Miller (Kelly Williams) Ms. Williams advised that Mr. Jeffrey Miller has applied for a Series #12 Restaurant Liquor License for Quality Inn & Suites located at 271 S. Lake Havasu Avenue. She said all posting requirements have been met, all fees have been paid, and no objections were received. She added that the location is properly zoned for a Series #12 liquor license. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Coke moved to recommend that the Arizona Department of Liquor Licenses & Control approve a Series #12 restaurant liquor license for Quality Inn & Suites, 271 S. Lake Havasu Avenue, seconded by Vice Mayor Dolan, and carried by the following vote: Lake Havasu City Page 3 Printed on 5/9/2022 City Council Minutes - Final April 12, 2022 Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lane, Councilmember Lin, Councilmember Moses, Councilmember Coke and Vice Mayor Dolan 8.3 ID 22-3236 Adopt Ordinance No. 22-1285 Declaring the “2022 Amendments to the Lake Havasu City Code Title 14, Zoning (Development Code), April 12, 2022” a Public Record and Adopting Multiple Amendments to the Development Code by Reference to: Revise Setback Requirements in the Residential Southgate District and Island Body Beach District; Remove Dwelling, Multi-Family from R-2 District; Prohibit the Display of Cannabis Products or Graphics Visible from Business Exterior; Revise R-M District Standards to Allow Building Height up to 30 Feet Adjacent to Single-Family Zoning; Clarify Encroachment of Non-Habitable, Shade Providing Features into Front Property Line; Revise Non-Commercial Message Sign Standards to Allow 71 Days Prior to a Primary Election; and Clarify Board of Adjustment Consists of 7 Regular Members and Revise Meeting Time (Luke Morris) Planning Division Manager Luke Morris explained that based on the everyday use of the Development Code it is typical to discover changes that could be made to improve the code and correct discrepancies and oversights. He said these types of amendments have occurred through the life of the 2016 Development Code, and approximately one dozen code sections were amended in 2017, eight in 2018, and five in 2019. Mr. Morris said this ordinance proposes changes affecting nine code sections and went before the Planning & Zoning Commission at their March 16, 2022, meeting, with a recommendation of approval. Mr. Morris outlined the proposed amendments to the Development Code as follows: 1. 14.02.03.J Table 2-12, R-SGD District Dimensional Standard Summary. Corrects the side setback from 10 feet to 3 feet in the Residential Southgate District. 2. 14.02.05.G Table 2-23, I-B District Dimensional Standard Summary. Corrects the front yard setback from 10 feet to 20 feet in the Island Body Beach District. 3. 14.03.02 Table 3-1, Dwelling, Multi-Family in R-2. Removes Dwelling, Multi-Family from the R-2 zoning district. 4. 14.03.03.C.17, Marijuana Business. Adds language disallowing the display of cannabis, cannabis products or cannabis graphics visible from the business exterior. 5. 14.04.01.A.1 Table 4.01-1, Dimensional Standards for Residential Districts, R-M. Corrects to allow building height of up to 30 feet when adjacent to single-family zoning. 6. 14.04.01.A.3 Table 4.01-3 Dimensional Standards for Special Lake Havasu City Page 4 Printed on 5/9/2022 City Council Minutes - Final April 12, 2022 Districts, I-B. Corrects the front yard setback to 20 feet in the Island Body Beach District. 7. 14.04.01.B.1 Table 4.01-4, Yard Area Exceptions and Encroachments. Non-habitable, shade providing features may still encroach 5 feet into the front property line but clarifies that they need to be at least 10 feet from the front property line. 8. 14.04.08.J.2.A, Non-Commercial Message Signs. Updated to match Arizona State Code Section 16.1019.H, allowing elections signs to be erected 71 days prior to a primary election rather than the current 60 days. 9. 14.05.01.C, Board of Adjustment (BOA). Clarifies BOA consists of seven regular members. Changes meeting time from 6 pm to 9 am. Councilmember Campbell asked what changes were being proposed for Amendment #7, to which Mr. Morris said this exception allows someone to encroach up to five feet into the front 20-foot setback for shade structures. Mayor Sheehy asked if Amendment #7 would apply to temporary or permanent structures, to which Mr. Morris said both. Councilmember Moses spoke on Amendment #5 and asked if the intention at the time the 2016 Development Code changed R-4 to R-M was to increase the building height from 18-feet to 30-feet, to which Mr. Morris said the current R-M zoning district (previously R-4) allows building heights up to 30-feet citywide. He said when this was transferred to the new code and changed to R-M the 30-foot building height remained, but it added language that if a property is adjacent or abutting single-family zoning it is limited to 18-feet. Mr. Morris explained that the R-M zoning has always been 30-feet regardless of adjacent or abutting to single-family zoning and is similar to R-E zoning that allows 30-feet as well. He said he believes it was an overreach to limit R-M to 18-feet as they have always been allowed 30-feet. Mr. Morris stated that there are approximately three nodes in Lake Havasu City with R-M zoning that the proposed code change affects. Councilmember Moses asked for clarification whether a property across the street would meet the definition of adjacent to which Mr. Morris clarified that adjacent must share a common property line and a property across the street would not be considered adjacent. Councilmember Moses asked if a 30-foot building height would allow for higher density, to which Mr. Morris replied that a two-story building could be built having a 30-foot building height. He added the R-M zoning district is one of the highest density zoning Lake Havasu City Page 5 Printed on 5/9/2022 City Council Minutes - Final April 12, 2022 districts that allows a maximum of 20 units per acre; therefore, limiting R-M to 18-foot building height removes some flexibility of a developer providing additional residential units. Councilmember Campbell asked about the Residential Southgate District (R-SGD), to which Mr. Morris replied that the city does not have any R-M zoning lots in R-SGD. Councilmember Campbell encourages citizens with concerns about the R-M zoning lots review the city’s zoning map as the proposed change is not affecting the backyards of most citizens. Mayor Sheehy opened the public hearing. The following individuals spoke in opposition to the proposed Amendment #5: • Mr. Race Meyers, citizen • Ms. Bambi Osgood, citizen • Ms. Christine Simmons, citizen • Mr. Don Rhodes, citizen Mr. Morris reviewed the areas currently zoned R-M, including 1) Bahama Drive and Bimini Drive along Lake Havasu Avenue North, 2) along Palo Verde Boulevard near the Lake Havasu High School, and 3) Dual Drive, Chip Drive, and Smoketree Avenue along Lake Havasu Avenue South. He noted that several developments in these areas exceed 18-feet in height causing them to be non-conforming existing structures. Mr. Morris stated that staff believes limiting the building height to 18-feet hampers a property owner’s ability to provide more residential units. Mayor Sheehy stated that the remaining R-M properties were R-4 prior to the 2016 Development Code which allowed 30-feet. He said these properties are now in the R-M zoning district and this action will bring the code back into compliance to what it was prior. In response to Ms. Osgood’s comments regarding Amendments #5 and #7, Mr. Morris said the 5-foot encroachment would only apply to residential human use for shade and not carports or vehicles and said all lot-splits must meet the current standards for that specific zoning district. Ms. Toy addressed the council and spoke in opposition to the R-M building height increase (Amendment #5) and in support of the display of cannabis (Amendment # 4). She asked if the city is required to comply with the state law changes regarding political signs (Amendment #8) and asked for more information on the proposed setback changes (Amendment #6) in the Island Body Beach District. Lake Havasu City Page 6 Printed on 5/9/2022 City Council Minutes - Final April 12, 2022 Mr. Morris clarified that the proposed setback changes in the Island Body Beach District is intended for the island area and body beach area and not throughout the city. In response to Mr. Rhodes’ comments, Mr. Morris explained that the neighborhood protection section pertains to structures that are taller than 30-feet and requires structures to be setback an extra distance from the property lines. He said in this case it would not apply but would apply to structures that could be 42-feet in height but limited to 18-feet if adjacent to single-family residential as they were zoned R-4 prior to the 2016 Development Code. He said they are now limited to 18-feet because previously they were zoned R-4 and were limited to 15-feet. He said the 2016 Development Code changes increased the height three additional feet allowing some of the other benefits that those other higher density districts allow, but no taller than 18-feet if adjacent to single-family residential. He said most of the zoning districts that allow 42-feet are not adjacent to single-family residential and added that the neighborhood protection section starts at 30-feet. Mr. Morris further clarified that the neighborhood protection section would allow for an accessory structure up to 30-feet. There being no further comments, Mayor Sheehy closed the public hearing. Mayor Sheehy explained the rezoning process and said any request for rezone must be supported by the General Plan. He added that the R-M zoning district (previously R-4) allowed for a building height of 30-feet prior to the 2016 Development Code; therefore, this amendment would revert R-M to its original building height. Vice Mayor Dolan asked what the maximum building height is in R-3, to which Mr. Morris said 15-feet. Vice Mayor Dolan asked which zoning districts would allow a building height of 42-feet, to which Mr. Morris said the Residential Southgate, Residential Main Street, and the Residential Commercial Health Districts which contain the highest density zoning districts and are intended to encourage multiple stories and high-density residential along throughfares or adjacent to major streets. Vice Mayor Dolan asked why the building height was changed in 2016 from 30-feet to 18-feet, which Mr. Morris said he believes it was an oversight trying to protect the lots in the higher density areas that could build up to 42-feet because some of the areas that were rezoned into those higher-density areas were next to residential single-family and were R-3 lots limited to 15-feet. He said it made sense from a planning standpoint to limit those to 18-feet, previously 15-feet, allowing an additional 3-feet of building height if adjacent to single-family residential districts. He said the R-M zoning district remains at 30-feet and did not increase when the zoning code was updated. Lake Havasu City Page 7 Printed on 5/9/2022 City Council Minutes - Final April 12, 2022 Vice Mayor Dolan reviewed the R-M zoning areas. He said Lake Havasu City is going to need additional two-story buildings for future apartments and continued growth, and was concerned with limiting development for true affordable housing needs. Vice Mayor Dolan suggested the council table the ordinance to allow more input and discussion. There was discussion regarding the proposed amendments with tracked changes provided. Councilmember Campbell expressed concern that the proposed changes affect more of the residential areas throughout the city versus the industrial zoned areas. Mayor Sheehy clarified that the ordinance proposes nine separate amendments to the Development Code. He said the R-M zoning district impacts three primary areas (as outlined above) and all of the amendments have been reviewed by the Planning and Zoning Commission through a public hearing. He stated that he does not believe there will be any additional information provided to the City Council if this item is tabled. Ms. Osgood said the proposed changes will not only affect her property and the three primary areas (as outlined above), but future areas throughout the community. She said if the city were to allow up to 30-feet then a property owner could request a rezone from a commercial lot to residential. Mayor Sheehy stated that a property would have to be rezoned to do that and this is only for properties within the R-M zoning district, to which Ms. Osgood responded that this would be the second or third time that a property in question has been rezoned. Mayor Sheehy noted that the previous code allowed up to 30-foot building height for R-M (R-4). Vice Mayor Dolan asked what options a property owner would have if the R-M zoning district height were to remain at 18-feet, to which Mr. Morris said through the Planned Development (PD) process a property owner could request exceptions to the underlying zoning district, which is similar to a rezone that requires a public notification process, neighborhood meeting, and a recommendation by the Planning and Zoning Commission that would go before the City Council for approval. He said for clarification, height limits are not subject to variance requests but would typically be made through the PD process. Vice Mayor Dolan expressed concern with Amendment #5 and said he would like see requests for building height exceptions in R-M zoning districts come before the City Council for approval. He noted that an increase from 18-feeet to 30-feet is not a minor adjustment as the City Council has heard tonight from members in the audience who would be affected by the proposed change. Lake Havasu City Page 8 Printed on 5/9/2022 City Council Minutes - Final April 12, 2022 Councilmember Campbell asked about the setback requirements and other requirements (curbs, sidewalks, etc.) for properties in the R-M zoning district, to which Mr. Morris said R-M is a multi-family district and typically requires offsite improvements to be installed but does not require additional right-of-way to be taken from the property. He said the cross-section of the roadway and all the improvements are designed to fit within the roadway right-of-way width already for that style of street; therefore, the setbacks would be based on the property line. Councilmember Campbell clarified that the property owner is improving the city streets not onto their property line, to which Mr. Morris replied that was correct. Councilmember Lin asked if there were any challenges or concerns when the height was reduced from 30-feet to 18-feet in 2016, to which Mr. Morris said he was not heavily involved with the Development Code changes in 2016 and was not certain as to how the building height reduction came to be, but assumes it was included with the other 42-foot height zoning districts and was changed to 18-feet. He said the R-M has always been allowed 30-feet in height, while the others were not always 42-feet in height; therefore, they put in the mechanisms to protect those zoning districts that were R-3 limited to 15-feet previously. He said from a planning concern, this would create non-conforming existing developments and limits and does not allow property owners to do what was previously done in these zoning districts which is why staff is recommending the building height be changed to 30-feet. Councilmember Lin said she was not in favor of the proposed changes in Amendment #5 especially with concerns from the citizens. She added that she is also concerned with the city not allowing the display of cannabis, cannabis products, or cannabis graphics visible from the business exterior (Amendment #4) as she feels that the city is controlling what someone is able to use for their business. Mayor Sheehy said based on state law changes and council concerns regarding signage and location, the will of the council was for signage and display of cannabis to be adjusted in future development code changes. Councilmember Lin said she remembers those discussions; however, she is looking at how this will affect a businesses logo or graphics and things that they may have to do to sell a certain product. Mayor Sheehy said if the amendment was approved it would not allow a business to use a cannabis graphic which would alter their business plan if that was what they were looking to do. Councilmember Campbell said she would like to see code amendments brought to council individually versus all under one ordinance. Lake Havasu City Page 9 Printed on 5/9/2022 City Council Minutes - Final April 12, 2022 Councilmember Coke said in Table 4.01-1, Dimensional Standards for Residential Districts, R-M, it shows the proposed R-M zoning district as 30-feet if adjacent to single and two-family uses existing prior to the effective date of this code. Mr. Morris explained that this portion of the code would allow up to 30-feet in building height if effective prior to 2016. Councilmember Lane asked if an R-M property owner would have the option of requesting a building height exception if the council did not approve Amendment #5, to which Mr. Morris said yes through the PD process. Mr. Knudson noted that properties approved through the PD zoning process would have different variation of heights, densities, and uses throughout the neighborhoods. Councilmember Campbell said in Table 2-12, R-SGD District Dimensional Standard Summary, the minimum width of side yard was changed from 10-feet to 3-feet, leaving only six feet between two properties that could have a building height of 42-feet. Mr. Morris explained that these changes are being requested to be in conformance with the other high density residential zoning districts which allow 3-feet on the side setbacks. He said there are two tables within the Development Code that reference the side setbacks for R-SGD, one that is correct showing 3-feet, and this table that is incorrect showing 10-feet. Vice Mayor Dolan moved to adopt Ordinance No. 22-1285 declaring the “2022 Amendments to the Lake Havasu City Code Title 14, Zoning (Development Code), April 12, 2022” a public record and adopting the amendments excluding Amendment #5 to the Development Code contained therein by reference, seconded by Councilmember Lane, and carried by the following vote: Aye: 4 - Councilmember Lane, Councilmember Lin, Councilmember Coke and Vice Mayor Dolan Nay: 3 - Mayor Sheehy, Councilmember Campbell and Councilmember Moses 8.4 ID 22-3243 Award Bid for the Rehabilitate & Reconstruct Taxiway Project to Combs Construction Company, Inc. (Kathy Raasch) Assistant City Engineer Dan Sloan advised that this item is requesting award of a bid for the Rehabilitate & Reconstruct Taxiway Project. He said this project includes excavating existing material along the edges of Runway 14/32 and Taxiway A and placing 4-inch aggregate rock to prevent the infield areas from eroding during storm events. He showed a layout of the runway, taxiway, and infield areas highlighting the areas that have already been completed and areas to be completed as part of this project, and displayed photographs of the existing runway conditions with loose unconsolidated materials and Lake Havasu City Page 10 Printed on 5/9/2022 City Council Minutes - Final April 12, 2022 areas that have been improved with the 4-inch aggregate materials. Mr. Sloan said four bids were received with Combs Construction Company, Inc., being the apparent low bidder in the amount of $456,651.80. He said the base bid includes 27,700-square yards of material and the alternate includes an additional 10,000-square yards of material. Mr. Sloan said the project will be 90-percent funded through an Arizona Department of Transportation Grant ($410,986.62) with a 10-percent City-match ($45,665.18). Mr. Sloan added that the project will be completed at night not to distribute aircraft activity during the day with an estimated completion in June 2022. Mayor Sheehy asked if all the work would take place at night, to which Mr. Sloan replied yes. Mayor Sheehy asked if the process would include engaging with the tenants at the airport regarding the project timing so they have clear expectations, to which Mr. Sloan replied yes and added that the runway would be closed at night while the work is performed since it is adjacent to the runway. Mayor Sheehy asked if those discussions have already taken place, to which Mr. Sloan replied yes. Councilmember Moses asked if Combs Construction Company, Inc. is currently working on the taxiways, to which Mr. Sloan said yes. Councilmember Moses asked if they would perform the work in conjunction with the work that they are already doing if awarded, to which Mr. Sloan said yes. He said most likely the taxiway project will be complete when this project starts in May 2022; however, there may be a slight overlap. Mayor Sheehy opened the public hearing. Ms. Toy addressed the council and asked if the city was prepared for any additional requests for funding for this project, to which Mr. Sloan explained that this project is fully funded through an Arizona Department of Transportation grant and City match and is programmed in this year’s Capital Improvement Plan (CIP) budget. There being no further comments, Mayor Sheehy closed the public hearing. Councilmember Moses moved to award the Rehabilitate & Reconstruct Taxiway Project to Combs Construction Company, Inc. in the amount of $456,651.80, 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 8.5 ID 22-3231 Approve Amendment No. 1 to the Engineering Professional Services Agreement for the Lake Havasu City Page 11 Printed on 5/9/2022 City Council Minutes - Final April 12, 2022 Police Fuel Facility Replacement Project to Jacobs Engineering Group, Inc. ( Dan Sloan) Mr. Sloan said before the council is an amendment to the design contract to replace the underground fuel tanks with above ground fuel tanks at the Police Facility for regulatory reporting activities associated with the removal of the underground storage tanks. He said the amendment includes soil sampling, testing for petroleum contamination, submitting underground storage tanks closure tanks to the Arizona Department of Environmental Quality (ADEQ), creating site plans, documenting existing conditions and soil sampling locations, scheduling and attending inspections during tank removal with ADEQ and the city’s insurance carrier, and documenting underground storage tank destruction. He said the work will be performed by Jacobs Engineering Group, Inc., in the amount of $18,199, and will be done in conjunction with the above ground fuel tank project scheduled for the Fall 2022. Mayor Sheehy opened the public hearing. Ms. Toy asked why the underground fuel tanks must be removed and constructed above-ground and if the city is prepared for any unanticipated costs, to which Mayor Sheehy stated that this item is a professional services contract agreement for the approved amount. Mr. Sloan explained that the underground fuel tanks are over 30 years and have reached their lifespan. He said the regulatory requirements for testing and inspections are significant, and with above-ground tanks the city will have a better product that is less expensive to maintain. There being no further comments, Mayor Sheehy closed the public hearing. Vice Mayor Dolan spoke on the regulatory requirements for above ground fuel tanks versus underground fuel tanks. Vice Mayor Dolan moved to Approve Amendment No. 1 to the Engineering Professional Services Agreement for the Police Fuel Facility Replacement Project to Jacobs Engineering Group, Inc. in the amount of $18,199, 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 9. CURRENT EVENTS There were no council committee reports. 10. FUTURE MEETINGS Thursday, April 21, 2022 @ 9:00 a.m. – Budget/CIP Overview Work Session Tuesday, April 26, 2022 @ 3:30 p.m. – Executive Session Lake Havasu City Page 12 Printed on 5/9/2022 City Council Minutes - Final April 12, 2022 Tuesday, April 26, 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 7:49 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 12th day of April, 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 13 Printed on 5/9/2022

Agenda

Mayor Cal Sheehy Lake Havasu City Vice Mayor Jim Dolan Police Facility Councilmember Nancy Campbell 2360 McCulloch Blvd North Councilmember Jeni Coke Lake Havasu City, Arizona 86403 Councilmember David Lane www.lhcaz.gov Councilmember Michele Lin Councilmember Cameron Moses City Council Regular Meeting Agenda Tuesday, April 12, 2022 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 “Request to Speak” 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 Paul Russin, Redemption Hill Calvary Chapel 3. PLEDGE OF ALLEGIANCE: Arizona Sonshine Free Clinic 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 three (3) 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 22-3246 Approve the March 22, 2022, City Council Regular Meeting Minutes (Kelly Williams) Page 1 Printed on 4/7/2022 City Council Regular Meeting Agenda - Final April 12, 2022 6.2 ID 22-3234 Adopt Resolution No. 22-3565 Approving Abandonment of the Entire 20-Foot Public Utility and Drainage Easement Near the Center of Tract 124, Block 13, Lot 6-A, Except the 10 Feet on the South Property Line (Luke Morris) 6.3 ID 22-3238 Adopt Resolution No. 22-3567 Affirmatively Furthering Fair Housing in Lake Havasu City (Holly Morin) 6.4 ID 22-3240 Adopt Resolution No. 22-3568 Ratifying the Submission of a Grant Application to the Office of Senator Kelly for Fiscal Year 2023 Congressionally Directed Spending for the Lake Havasu City Police Station and Jail Refurbishment and Authorizing Execution of Necessary Documents and Implementation of the Activities Funded by the Grant (Dan Sloan) 6.5 ID 22-3244 Adopt Resolution No. 22-3569 Approving an Intergovernmental Agreement with the Mohave County Flood Control District for Flood Control Purposes (Kathy Raasch) 6.6 ID 22-3242 Adopt Resolution No. 22-3570 Approving the Submission of a Grant Application to the U.S. Department of Justice - Community Oriented Policing Services for Law Enforcement Mental Health and Wellness Act Funding (Chief Doyle) 6.7 ID 22-3239 Approval of the Final Plat for Site Six at Palisades, at 2830 Palisades Drive, Tract 2226, Block 2, Lot 16, Creating a 4-Unit Residential Condominium Subdivision in the Limited Multiple-Family (R-3) District (Luke Morris) 6.8 ID 22-3245 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 3:30 p.m., Tuesday, April 26, 2022 (Kelly Williams) 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 22-3241 Announce Vacancies on Lake Havasu City Boards, Committees, and Commissions (Kelly Williams) 7.2 ID 22-3247 City Manager’s Report (Jess Knudson) 8. PUBLIC HEARINGS 8.1 ID 22-3232 Series #11 Hotel/Motel Liquor License, Quality Inn & Suites, 271 S. Lake Havasu Avenue/Miller (Kelly Williams) 8.2 ID 22-3233 Series #12 Restaurant Liquor License, Quality Inn & Suites, 271 S. Lake Havasu Avenue/Miller (Kelly Williams) 8.3 ID 22-3236 Adopt Ordinance No. 22-1285 Declaring the “2022 Amendments to the Lake Havasu City Code Title 14, Zoning (Development Code), April 12, 2022” a Public Record and Adopting Multiple Amendments to the Development Code by Reference to: Revise Setback Requirements in the Residential Southgate District and Island Body Beach District; Remove Dwelling, Multi-Family from R-2 District; Prohibit the Page 2 Printed on 4/7/2022 City Council Regular Meeting Agenda - Final April 12, 2022 Display of Cannabis Products or Graphics Visible from Business Exterior; Revise R-M District Standards to Allow Building Height up to 30 Feet Adjacent to Single-Family Zoning; Clarify Encroachment of Non-Habitable, Shade Providing Features into Front Property Line; Revise Non-Commercial Message Sign Standards to Allow 71 Days Prior to a Primary Election; and Clarify Board of Adjustment Consists of 7 Regular Members and Revise Meeting Time (Luke Morris) 8.4 ID 22-3243 Award Bid for the Rehabilitate & Reconstruct Taxiway Project to Combs Construction Company, Inc. (Kathy Raasch) 8.5 ID 22-3231 Approve Amendment No. 1 to the Engineering Professional Services Agreement for the Police Fuel Facility Replacement Project to Jacobs Engineering Group, Inc. ( Dan Sloan) 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 Dolan Clean Colorado River Sustainability Coalition (CCRSCo) - Mayor Sheehy Havasu Youth Advisory Council - Councilmembers Coke & Moses Lake Havasu Area Chamber of Commerce - Councilmember Lane Go Lake Havasu - Vice Mayor Dolan Lake Havasu Metropolitan Planning Organization (MPO) - Mayor Sheehy & Councilmembers Campbell/Coke/Vice Mayor Dolan (Alternate) Mohave County Water Authority - Mayor Sheehy Parks & Recreation Advisory Board - Councilmember Lin Partnership for Economic Development (PED) - Councilmember Moses Public Safety Personnel Retirement System – Local Fire Board - Councilmember Lane Public Safety Personnel Retirement System – Local Police Board - Councilmember Lane Western Arizona Council of Governments (WACOG) - Councilmember Lin 10. FUTURE MEETINGS Thursday, April 21, 2022 @ 9:00 a.m. - Budget/CIP Overview Work Session Tuesday, April 26, 2022 @ 3:30 p.m. - Executive Session Tuesday, April 26, 2022 @ 6:00 p.m. - Regular Meeting 11. FUTURE DISCUSSION ITEMS 12. ADJOURN Page 3 Printed on 4/7/2022

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