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City Council

Regular Meeting

Lake Havasu City, AZ · February 14, 2023

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Minutes

Mayor Cal Sheehy Lake Havasu City Vice Mayor David Lane Police Facility Councilmember Nancy Campbell 2360 McCulloch Blvd North Councilmember Jeni Coke Lake Havasu City, Arizona 86403 Councilmember Jim Dolan www.lhcaz.gov Councilmember Michele Lin Councilmember Cameron Moses City Council Regular Meeting Minutes - Final Tuesday, February 14, 2023 6:00 PM 1. CALL TO ORDER Mayor Sheehy called the meeting to order at 6:00 p.m. 2. INVOCATION: Chaplain Bea Evans, KNLB Christian Radio Chaplain Bea Evans, KNLB Christian Radio, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Mighty Minions (Ambassadors of FIRST) Robotics Team Members from Mighty Minions (Ambassadors of FIRST) Robotics Team led in the Pledge of Allegiance. Mayor Sheehy advised that due to technical difficulties citizens can watch the meeting remotely on Channel 4 or www.lhcaz.gov/tv. Mayor Sheehy noted that based on discussion at the February 1, 2023, City Council Planning Session, the call to the public has been moved to the end of the meeting agenda. 4. ROLL CALL Present: 7- Mayor Cal Sheehy, Councilmember Nancy Campbell, Councilmember Michele Lin, Councilmember Cameron Moses, Councilmember Jeni Coke, Vice Mayor David Lane and Councilmember Jim Dolan 5. CONSENT AGENDA 5.1 ID 23-3648 Approve the January 24, 2023, City Council Work Session and City Council Regular Meeting Minutes (Kelly Williams) 5.2 ID 23-3641 Adopt Resolution No. 23-3636 Approving the Submission of a Grant Application to the Arizona Department of Homeland Security, State Homeland Security Grant Program, for one Bomb Suit and Accessories; and Authorizing Execution of All Necessary Documents and Implementation of the Activities Funded by the Grant (Chief Stirling) Lake Havasu City Page 1 Printed on 3/2/2023 City Council Minutes - Final February 14, 2023 5.3 ID 23-3644 Adopt Resolution No. 23-3637 Ratifying the Submission of a Grant Application to the U.S. Department of Homeland Security for funding from its Fiscal Year 2022 Assistance to Firefighters Grant Program for a New Fire Engine and Authorizing Execution of All Necessary Documents and Implementation of the Funded Activities (Chief Pilafas) 5.4 ID 23-3645 Adopt Resolution No. 23-3638 Approving a Grant Agreement with Arizona Department of Transportation, through its Multimodal Planning Division, Aeronautics Group, for the Purpose of Aiding in Financing the AWOS Replacement Project and Authorizing All Actions Necessary to Implement the Grant (Damon Anderson) 5.5 ID 23-3655 Approve Amendment No. 1 to Environmental Access Agreement with Richard Holmes (Jeff Thuneman) 5.6 ID 23-3651 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 5:00 p.m., Tuesday, February 28, 2023 (Kelly Williams) Councilmember Coke moved to approve the Consent Agenda as presented, seconded by Vice Mayor Lane, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lin, Councilmember Moses, Councilmember Coke, Vice Mayor Lane and Councilmember Dolan 6. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 6.1 ID 23-3653 Legislative Update by Nick Simonetta of Pivotal Policy Group (Anthony Kozlowski) Assistant to the City Manager Anthony Kozlowski said the legislative session has started and the bill introduction deadline in the House was last Monday, February 6, 2023, with an influx of strike-everything amendments already being entertained as committee deadlines approach. He said this week is the final week for bills in committee in their originating house of origin with approximately 1,500 bills introduced. Mr. Kozlowski stated that due to this activity it is important that the city work closely with the League of Arizona Cities and Towns and its contract lobbyists to monitor and prevent bills that would have a negative impact on cities and towns and the services they provide to the residents. He said the city’s focus this legislative session is to continue to protect local control, maintain state shared revenue, and no unfunded mandates. He said this year the city has contracted with Nick Simonetta with Pivotal Policy Group to assist with key objectives such as State Lake Improvement Funds (SLIF), short-term rentals, and key infrastructure bills. Mr. Nick Simonetta and Ms. Anna Oliver stated that they have been working closely with Lake Havasu City Page 2 Printed on 3/2/2023 City Council Minutes - Final February 14, 2023 the League of Arizona Cities and Towns, cities and towns, and lobbyists. Mr. Simonetta reported on the current legislative session including residential rental tax, SLIF funding, rural infrastructure, and short-term rentals. 6.2 ID 23-3652 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. 6.3 ID 23-3647 City Manager’s Report (Jess Knudson) City Manager Jess Knudson reported on the following: • Announced various events, ceremonies, and proclamations. • Recognized the retirement of Scott Hartman, Lake Havasu City Fire Department, with 27 years of service. • City offices will be closed on Monday, February 20, 2023, in observance of the Presidents Day holiday. • Project updates: o 2022 Water Main Replacement o Mainline Installation on Lake Havasu Avenue 7. PUBLIC HEARINGS 7.1 ID 23-3637 Series #10 Beer and Wine Store Liquor License, Fast Gas, 281 S. Lake Havasu Avenue/Williams (Kelly Williams) Ms. Williams advised that Mr. Noah Williams has applied for a Series #10 Beer and Wine Store Liquor License for Fast Gas located at 281 South Lake Havasu Avenue. She said all posting requirements have been met, all fees have been paid, and no objections were received. Ms. Williams added that the location is properly zoned for a Series #10 liquor license. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Moses moved to recommend that the Arizona Department of Liquor Licenses & Control approve a Series #10 beer and wine store liquor license for Fast Gas, S. Lake Havasu Avenue, seconded by Councilmember Campbell, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lin, Councilmember Moses, Councilmember Coke, Vice Mayor Lane and Councilmember Dolan Lake Havasu City Page 3 Printed on 3/2/2023 City Council Minutes - Final February 14, 2023 7.2 ID 23-3632 Adopt Resolution No. 23-3640 Appointing Member(s) to the Lake Havasu City Board of Adjustment (Kelly Williams) Ms. Williams advised that the city received one application requesting consideration for appointment as an alternate member to the Board of Adjustment. She said an appointment is needed to fill a vacancy due to the current vacancies of three alternate member positions. Ms. Williams said the Application Review Panel conducted interviews for the Board of Adjustment on January 25, 2023, and recommends that Todd Rounds be appointed as an alternate member with a term ending June 30, 2024. Mr. Todd Rounds, applicant, addressed the council and thanked the council for their consideration of his application. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Coke moved to adopt Resolution No. 23-3640 appointing Todd Rounds as an alternate member to the Lake Havasu City Board of Adjustment with a term ending June 30, 2024, seconded by Councilmember Dolan, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lin, Councilmember Moses, Councilmember Coke, Vice Mayor Lane and Councilmember Dolan 7.3 ID 23-3642 Adopt Resolution No. 23-3639 Approving a Minor Amendment to the Future Land Use Map of the City’s General Plan for 740, 730, 720, 710, 700, & 670 Delta Drive and 681, 691, & 701 McCulloch Boulevard S., Tract 2222, Block 5, Lots 1 Thru 9, to Change the Future Land Use Designation from Neighborhood Commercial to High Density Residential (Luke Morris) Planning Division Manager Luke Morris said the General Plan amendment along with the subsequent Planned Development (PD) rezone are for the same properties; therefore, discussion on the two applications may overlap. He said the subject property consists of a block with nine vacant, undeveloped lots that measures 2.16 acres and is located just northwest of the McCulloch Boulevard South and Chemehuevi Boulevard intersection at Delta Drive with an alley that abuts the southern portion of the property. The subject property and the properties to the south across the alley are currently zoned Limited Commercial (C-1) with two commercially developed lots and 19 vacant lots. The properties to the north, west, and east are zoned Two-Family Residential (R-2) and developed with residential units. Mr. Morris reviewed the General Plan map and said the surrounding lots have a General Plan designation of Neighborhood Commercial (NEC) but are developed with single-family and two-family residential homes. Mr. Morris noted that two lots to the south are developed with commercial uses and the balance of that lot Lake Havasu City Page 4 Printed on 3/2/2023 City Council Minutes - Final February 14, 2023 is undeveloped. Mr. Morris said the applicant’s letter of intent requests to amend the city’s General Plan and future land use map from NEC to High Density Residential to facilitate development of a multi-family residential use for the property. He said a General Plan amendment is the first step in this process and the second step is a PD rezone which accompanies this request (subsequent item). Mr. Morris added that the applicant’s letter also suggests that the General Plan amendment and PD rezone will help create a mix of single-family, two-family, and multiple family lots in the area which will increase the chances of developing the remaining commercial lots. The design of the development is proposed to complement and address the General Plan which recognizes there is vacant private property bordering residential neighborhoods that needs infill development. The amendment will also help create opportunities for housing to help fit the needs of the community. Mr. Morris explained that the requested High Density Residential designation allows for primary uses, including apartments and condominiums, which should be adjacent to corridors such as McCulloch Boulevard. He added that the High Density Residential designation also allows a density range between 10 to 20 dwelling units per acre; however, higher densities may be approved by the City Council through the PD rezone process. He noted that the Planning and Zoning Commission recommended approval of this item 7 to 0. There was discussion regarding the required postings. Mr. Morris explained that the General Plan amendment and PD rezone were posted and included the dates of the Planning and Zoning Commission and City Council meeting dates. He added that per state law and the City Code, all property owners within 300-feet were notified of the meeting dates by letter. Councilmember Campbell asked why the applicant is requesting an increase from 20-units to 41-units per acre, to which Mr. Morris said he believes the increase is because the applicant is wanting to build 87-units on the property which equates to just under 40-units per acre. There was a question regarding zoning district buffers. Mr. Morris said generally the city is looking for some sort of buffer between single-family residential and commercial or higher-density residential which many times is a C-2 zoning district. Mayor Sheehy opened the public hearing. The following individuals addressed the council in opposition to the minor amendment: • Ms. Crystal Patterson, citizen • Ms. Bertha Bernier, citizen Lake Havasu City Page 5 Printed on 3/2/2023 City Council Minutes - Final February 14, 2023 • Mr. James Barnett, citizen • Ms. Angela Murphy, citizen • Mr. Brian Strahl, citizen • Ms. Crystal Callagy, citizen • Mr. Reese Meyers, citizen In response to citizen comments, Mr. Morris reviewed the land use designations on the General Plan map. He stated that the Zoning Map does not match the General Plan as the vast majority of the node is R-2 and R-1 with some C-1 that is undeveloped, with the exception of the two lots that are developed with a commercial use. He stated that when looking at the subject property, there is a disconnect from the land use (zoning entitlements) and the long-term plan in the General Plan calling for Neighborhood Commercial. There being no further comments, Mayor Sheehy closed the public hearing. Councilmember Campbell said she was in favor of commercial nodes throughout the community and would continue to support the commercial node along Chemehuevi Boulevard; however, hearing from the residents, she understands their concerns, and does not support an amendment to high density residential in this area. Vice Mayor Lane moved to adopt Resolution No. 23-3639 approving a minor amendment to the Future Land Use Map of the City’s General Plan for 740, 730, 720, 710, 700, & 670 Delta Drive and 681, 691, & 701 McCulloch Boulevard S., Tract 2222, Block 5, Lots 1 thru 9, to change the future land use designation from Neighborhood Commercial to High Density Residential, seconded by Councilmember Moses, and carried by the following vote: Aye: 6 - Mayor Sheehy, Councilmember Campbell, Councilmember Moses, Councilmember Coke, Vice Mayor Lane and Councilmember Dolan Nay: 1 - Councilmember Lin 7.4 ID 23-3643 Adopt Ordinance No. 23-1306 Approving a Planned Development Rezone for 740, 730, 720, 710, 700, & 670 Delta Drive and 681, 691, & 701 McCulloch Boulevard S., Tract 2222, Block 5, Lots 1 Thru 9, from Limited Commercial (C-1) District to Multiple-Family/Planned Development (R-M/PD) District Allowing a Maximum Density Increase from 20 Dwelling Units Per Acre to 41 Dwelling Units Per Acre and Allowing a 5-Foot Encroachment Into the Required 15-Foot Front Setback for Vehicle Parking Abutting McCulloch Boulevard S. (Luke Morris) Mr. Morris advised that this item is a companion item to the previous item which set the land use designation to High Density Residential allowing this item to be heard. Mr. Lake Havasu City Page 6 Printed on 3/2/2023 City Council Minutes - Final February 14, 2023 Morris stated that the subject property consists of the block with nine vacant, undeveloped lots that measures 2.16 acres located just northwest of the McCulloch Boulevard South and Chemehuevi Boulevard intersection at Delta Drive with an alley that abuts the southern portion of the property. Mr. Morris displayed a tract map and said the properties have two 16-foot wide public utility easements that run through the property and have building and Parking-in-Common (PIC) areas but do not have an approved PIC master plan. He noted that the utility easements and PIC would be addressed as part of the property’s future development. Mr. Morris stated that the subject property and the properties to the south across the alley are zoned Limited Commercial (C-1) with two commercially developed lots and 19 vacant lots. The properties located to the west, north and east are zoned Two-Family Residential (R-2) and developed with residential units, and Single-Family (R-1) abuts the R-2 zoning district. Mr. Morris explained that the requested Multiple-Family (R-M) rezone is for high density residential multi-family zoning, which is typically buffered from R-1 zoning by R-2 or R-3 (multiple family zoning). He said the surrounding properties are zoned R-2, which acts as a desired buffer between the single-family and proposed multiple family. Mr. Morris said the applicant’s letter of intent suggests that the PD rezone will help create a mix of single-family, two-family, and multiple family lots in the area which will help increase the chances of developing the remaining commercial lots to the south across the alley. Mr. Morris reviewed the site plan and said the design of the development is proposed to complement and address the General Plan which recognizes there is vacant private property abutting residential neighborhoods that needs infill development. He noted that the property owner is a local construction contractor who feels the apartment building would help fill a need of the community for more workforce housing. The units are proposed to be long-term leases only with no short-term rentals. He said the applicant’s narrative and general development plan describe a three-story, 87-unit multiple-family apartment building, with a mix of 57 one-bedroom, 21 two-bedroom, and nine three-bedroom units, which results in a density of just over 40-units per acre. Mr. Morris explained that the maximum density for the R-M zoning district is 20-units per acre; therefore, the applicant is requesting a PD to increase the density to 41-units per acre. The proposed increase in density is supported by the High Density Residential General Plan designation. Mr. Morris reviewed the proposed building elevations. He said the R-M zoning district allows buildings up to 30-feet in height and the general Development Plan shows a building height of 28-feet from the property’s maximum grade which is the grade at McCulloch Boulevard near the northern edge of the property. He explained that the lots slope downward from that area; therefore, the developer will dig down about 12-feet from the McCulloch Boulevard elevation to help level the site which results in a building parapet height of just over 39-feet from the finished floor of the building but only 28-feet from McCulloch Boulevard elevation; therefore, no building height exception is needed or requested. He reviewed the site plan/aerial overlay of the Lake Havasu City Page 7 Printed on 3/2/2023 City Council Minutes - Final February 14, 2023 proposed building in the neighborhood. He said the nearest residences are across Delta Drive and McCulloch Boulevard and the subject property’s minimum building setbacks along those streets vary from 15-feet to 10-feet; however, the building is shown setback approximately 50-feet from both Delta Drive and McCulloch Boulevard property lines which is more than what is required and will result in approximately 130-feet between the new apartment building and nearest residences. He reviewed the landscape site plan and noted that as part of the PD, the applicant is asking for a parking setback exception for the spaces fronting McCulloch Boulevard from 15-feet to 10-feet (from the property line) for covered parking. Mr. Morris stated that due to the lot slope, the parking spaces will be below the level of McCulloch Boulevard and the reduced parking setback is not anticipated to have a major impact. Mr. Morris reviewed the parking calculations as follows: Requirements in District: • 1 space per 1 bedroom unit • 1.5 spaces per 2 bedroom unit • 1.5 spaces per 3 bedroom unit o 1 space per every 5 dwelling units for visitor parking o 1 space per unit needs to be covered Dwelling Units Parking: • 1 bedroom: 57 units x 1 space = 57 parking spaces • 2 bedroom: 21 units x 1.5 spaces = 31.5 parking spaces • 3 bedroom: 9 units x 1.5 spaces = 13.5 = 14 parking spaces Visitor Parking: • 87 units/5 = 17.4 = 18 parking spaces • 87 units x 1 space = 87 units need to be covered out of total units Totals: • Dwelling unit parking = 102 parking spaces (87 covered spaces) • Visitor parking = 18 parking spaces Overall Total Parking Required = 120 parking spaces (includes 5 required accessible spaces and 87 covered parking spaces) Provided: 120 parking spaces (87 covered, 5 accessible) Mr. Morris said based on the parking breakdown, the proposed number and types of parking spaces meet the Development Code parking standards. Lake Havasu City Page 8 Printed on 3/2/2023 City Council Minutes - Final February 14, 2023 Mr. Morris reviewed the daily trip generation rates as follows: Use Size Rate Daily Trips Apartment 87 Units 6.65 579 Hotel 87 Rooms 8.17 711 Medical Office 20k Sq. Ft. 36.13 723 Sit Down Restaurant 6k Sq. Ft. 127.15 763 Fast Food W/Drive Thru 4k Sq. Ft. 496.12 1,984 Mr. Morris said when comparing the daily trip generation rate for an apartment with the allowable uses in the C-1 zoning district (commercial zoning), the proposed use reflects fewer daily trips. He stated that these rates reflect that the proposed use would have less traffic impact than other potential uses that are currently allowed in the existing zoning district. Mr. Morris noted that the Planning and Zoning Commission recommended approval of this item 5 to 2. Mr. Mac Hall, applicant, addressed the council and said he was in attendance to answer any questions from the council on the proposed development. Mayor Sheehy requested clarification on why the applicant was proposing a three-story versus two-story building, to which Mr. Hall said due to the cost of the land and construction and to keep the rent as low as possible, 87-units is the density needed to make the project work. Councilmember Campbell expressed concerns with the number of dwelling units being proposed. She asked if the applicant has or would consider reducing the number of units per acre, to which Mr. Hall said they would need to re-evaluate. He said there is a good possibility that they might be able to reduce the density, but right now, based on the calculations, this is the density they have requested. Mayor Sheehy opened the public hearing. The following individuals addressed the council in opposition to the PD rezone: • Mr. Reese Meyers, citizen • Mr. Kelly Lutz, citizen • Ms. Crystal Patterson, citizen • Mr. Will Waldrep, citizen • Mr. Ed Mitchell, citizen • Mr. James Gannon, citizen • Mr. Jacob Hendry, citizen Lake Havasu City Page 9 Printed on 3/2/2023 City Council Minutes - Final February 14, 2023 • Mr. Trevor Best, citizen • Ms. Ashley Best, citizen • Ms. Kristy Strahl, citizen • Ms. Crystal Callagy, citizen • Ms. Bonnie Toy, citizen • Ms. June Truvia, citizen • Ms. Sandra McDaniel, citizen • Ms. Debra Kratts, citizen • Mr. Brian Strahl, citizen • Ms. Sandra Lawrence, citizen • Ms. Diane Wilkinson, citizen • Mr. Ernest Wilkinson, citizen • Mr. Mike Powers, citizen The following individuals addressed the council in favor of the PD rezone: • Mr. James Gray, Partnership for Economic Development Mr. Larry Furgeson, citizen, addressed the council with a question on where the trash cans would be located for this project, to which Mr. Morris displayed the site plan which proposes the trash cans along the corner of McCulloch Boulevard and Delta Drive. Mr. Don Wisdom, citizen, addressed the council with a suggestion that the project include electric charging stations in the parking area. In response to a comment from Mr. Waldrep, Mr. Morris stated that the city has not received anything from the applicant indicating that the proposed project would be Section 8 housing. There being no further comments, Mayor Sheehy closed the public hearing. Councilmember Dolan stated that he supports this project but does not feel it is the right location. Vice Mayor Lane requested clarification from the applicant on whether this project included plans for Section 8 housing, to which Mr. Hall replied no. Vice Mayor Lane asked what their timeframe would be for construction, to which Mr. Hall replied six to eight months. Vice Mayor Lane spoke on the need for workforce housing in Lake Havasu City. He said the community wants workforce housing as long as it is built somewhere else, which means the city is not going to have the people to work in restaurants and medical fields Lake Havasu City Page 10 Printed on 3/2/2023 City Council Minutes - Final February 14, 2023 until there is more workforce housing available. He said apparently this is not the right project, and while he supports the project, he would be voting against the item based on the comments from the residents in this area. Councilmember Moses said he does not understand the animosity towards the council. He said he used to live in this area and knows what it is going to mean for the residents. He said he likes this project and echoed Vice Mayor Lane’s comments regarding the need for more workforce housing in Lake Havasu City. Councilmember Moses said in looking at the proposed location, he does not think the residents would want to see a restaurant built next to their house and thinks having more residential as a buffer between the existing residential and the commercial areas makes sense. He said while he supports the location, he does not support the increase in density. Councilmember Coke said she understands the concerns regarding traffic and parking. She stated that she is not in favor of the increase in density but hopes the applicant can come back with something that is more palatable for the community. Councilmember Campbell said she would like to see the council expedite changes to the parking requirements in the General Plan. She said she supports the project but was not in favor of the 5-foot encroachment on McCulloch Boulevard. She said she would be voting against this item but would like to see the development come back with a proposal that is within the current limits. Mayor Sheehy thanked the developer for coming forward with a plan to address workforce housing in Lake Havasu City. He said he has visited the site on weekdays and weekends and thinks a project like this could work in that area and help develop the commercial nodes that are adjacent to it, but thinks the proposed density is too high. There were no further questions or comments from the council. Item 7.4 failed due to lack of a motion. 7.5 ID 23-3646 Approve Amendment No. 1 to Funding Agreement with Go Lake Havasu (Kelly Garry) City Attorney Kelly Garry said on September 13, 2022, the council directed that the Go Lake Havasu (“GLH”) funding agreement be amended to include a clause that returns any remaining money that was provided by the city back to the city in the event GLH dissolves. Ms. Garry said the amendment was approved by the GLH board and is before the council for approval. She stated that the city took the language straight from the current GLH bylaws and added them into the Amendment No. 1 funding agreement. Lake Havasu City Page 11 Printed on 3/2/2023 City Council Minutes - Final February 14, 2023 Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Dolan moved to approve Amendment No. 1 to Funding Agreement with Go Lake Havasu, seconded by Vice Mayor Lane, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lin, Councilmember Moses, Councilmember Coke, Vice Mayor Lane and Councilmember Dolan 7.6 ID 23-3660 Adopt Resolution No. 23-3644 Approving the Submission of a Certificate of Necessity (CON) Application for Ambulance Ground Transport Services to Arizona Department of Health Services (ADHS) (Chief Pilafas) Fire Chief Peter Pilafas advised that before the council is a resolution approving the submission of a Certificate of Necessity (CON) application through the Arizona Department of Health Services (ADHS) for ambulance ground transport services. He said the city is partnering (through a public-private partnership) with River Medical, Inc., to create redundancy in the EMS system that focuses on patient care, quality of service, available ambulances, and improved response time. The council thanked Chief Pilafas and his team for bringing this item forward and thanked River Medical, Inc., for their partnership with the city. Mayor Sheehy opened the public hearing. Mr. Jason Macklem, Vice President of the Lake Havasu Professional Firefighters Association, addressed the council and expressed his support for the CON application process and thanked River Medical, Inc., for their partnership. There being no further comments, Mayor Sheehy closed the public hearing. Vice Mayor Lane moved to adopt Resolution No. 23-3644 authorizing and directing the City Manager to submit the completed Certificate of Necessity Application for Ambulance Ground Transport Services to the Arizona Department of Health Services and to approve, sign, and file the application, and authorizing the City Manager & City Attorney to execute any other documents and take any other actions as necessary to carry out the intent of this resolution, seconded by Councilmember Dolan, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lin, Councilmember Moses, Councilmember Coke, Vice Mayor Lane and Councilmember Dolan Lake Havasu City Page 12 Printed on 3/2/2023 City Council Minutes - Final February 14, 2023 7.7 ID 23-3658 Award Agreement for Professional Services (Design) for the Booster Station 4 Pump Station Improvements Project to NCS Engineers, Inc. (Jason Hart) Project Manager Jason Hart advised that this item is to award an agreement for professional services (design contract) for the Booster Station 4 Pump Station Improvements Project to NCS Engineers, Inc. He said Booster Station 4 is located at Tank Reservoir 4 on Pacific Drive and was constructed as a temporary booster station approximately 10 years ago to supply the Havasu Foothills Estates area and since then has become a permanent station for the city. He said this project will upgrade the existing station so that capacity to pump can be increased to allow for better service. He said the scope of work with NCS Engineers, Inc., includes the design of the replacement booster station pumps with larger pumps, the replacement of valves and piping, the addition of electrical panels, and the design of a new PRV station on Cherry Tree Boulevard. He added that the project schedule is expected to take six months with an anticipated completion in August 2023. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Moses moved to award the Agreement for Professional Services for the Booster Station 4 Pump Station Improvements Project to NCS Engineers, Inc. in the amount of $149,320, seconded by Councilmember Coke, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lin, Councilmember Moses, Councilmember Coke, Vice Mayor Lane and Councilmember Dolan 7.8 ID 23-3659 Approve the Cooperative Purchase with ARI Phoenix, Inc., for Four (4) ARI-Hetra Wheel Lifts (Bill Young) Transportation and Maintenance Superintendent Bill Young advised that this item is requesting approval of a cooperative purchase with ARI Phoenix, Inc., for four ARI-Hetra wheel lifts in the amount of $67,088.66. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Coke moved to approve and authorize the City Manager to sign the cooperative purchase agreement with ARI Phoenix, Inc., utilizing the Sourcewell Cooperative Purchase Contract for four (4) ARI-Hetra wheel lifts in the amount of $67,088.66, including estimated sales tax, freight, and the trade-in credit, with a termination date of April 13, 2024, and authorize City staff to exercise the option to renew for an additional one-year term, seconded by Councilmember Campbell, and carried by the following vote: Lake Havasu City Page 13 Printed on 3/2/2023 City Council Minutes - Final February 14, 2023 Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lin, Councilmember Moses, Councilmember Coke, Vice Mayor Lane and Councilmember Dolan 8. CALL TO THE PUBLIC Mr. Tom Sanders, volunteer with Lady of the Lake Soup Kitchen, addressed the council and thanked the city for creating the Community Resource Coalition (CRC) who has invested a lot of time and energy into reviewing the grant applications. He said Lake Havasu City should be proud of the numerous organizations that give back to the community and those in need. He said it is unfortunate that additional funds were not allocated to assist more organizations in Lake Havasu City who applied for the American Rescue Plan Act (ARPA) grant. Mr. Sanders explained the services they provide to the community and said any additional funding would help their organization continue to provide the essential services of feeding those in need in Lake Havasu City. Ms. Christine Simmons, citizen, addressed the council and announced that Protect Our Deserts (P.O.D.) will be holding a desert clean-up event on March 25, 2023, from 8:30 a.m. to 3:30 p.m. Ms. Simmons requested the city install signs near the entrances to the desert warning of illegal dumping and associated fines, and encouraged citizens to contact Republic Services to schedule free bulk trash pickups. Ms. Lisa Turner, citizen, addressed the council and said the Cooking with Cancer Foundation provides services to individuals battling cancer. Ms. Turner said all the organizations who submitted applications for grant funding are important and serve a purpose in the community to support citizens in need. She explained the services they provide to the community and asked that the applications be considered at every perspective rather than just by scoring. 9. CURRENT EVENTS There were no council committee reports. 10. FUTURE MEETINGS Tuesday, February 28, 2023 @ 6:00 p.m. – Regular Meeting Tuesday, March 14, 2023 @ 6:00 p.m. – Regular Meeting 11. FUTURE DISCUSSION ITEMS Councilmember Campbell requested a future discussion item regarding the city’s Development Code parking requirements, seconded by Councilmember Moses. Councilmember Moses requested a future discussion item on the Partnership for Economic Development (PED) housing study. Mr. Knudson advised that this item has been scheduled for a City Council Work Session on February 28, 2023. Lake Havasu City Page 14 Printed on 3/2/2023 City Council Minutes - Final February 14, 2023 12. ADJOURN Upon motion by Vice Mayor Lane and seconded, the meeting adjourned at 8:36 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 February, 2023. 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 15 Printed on 3/2/2023

Agenda

Mayor Cal Sheehy Lake Havasu City Vice Mayor David Lane Police Facility Councilmember Nancy Campbell 2360 McCulloch Blvd North Councilmember Jeni Coke Lake Havasu City, Arizona 86403 Councilmember Jim Dolan www.lhcaz.gov Councilmember Michele Lin Councilmember Cameron Moses City Council Regular Meeting Agenda Tuesday, February 14, 2023 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: Chaplain Bea Evans, KNLB Christian Radio 3. PLEDGE OF ALLEGIANCE: Mighty Minions (Ambassadors of FIRST) Robotics Team 4. ROLL CALL 5. 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. 5.1 ID 23-3648 Approve the January 24, 2023, City Council Work Session and City Council Regular Meeting Minutes (Kelly Williams) 5.2 ID 23-3641 Adopt Resolution No. 23-3636 Approving the Submission of a Grant Application to the Arizona Department of Homeland Security, State Homeland Security Grant Program, for one Bomb Suit and Accessories; and Authorizing Execution of All Necessary Documents and Implementation of the Activities Funded by the Grant (Chief Stirling) 5.3 ID 23-3644 Adopt Resolution No. 23-3637 Ratifying the Submission of a Grant Application to Page 1 Printed on 2/8/2023 City Council Regular Meeting Agenda - Final February 14, 2023 the U.S. Department of Homeland Security for funding from its Fiscal Year 2022 Assistance to Firefighters Grant Program for a New Fire Engine and Authorizing Execution of All Necessary Documents and Implementation of the Funded Activities (Chief Pilafas) 5.4 ID 23-3645 Adopt Resolution No. 23-3638 Approving a Grant Agreement with Arizona Department of Transportation, through its Multimodal Planning Division, Aeronautics Group, for the Purpose of Aiding in Financing the AWOS Replacement Project and Authorizing All Actions Necessary to Implement the Grant (Damon Anderson) 5.5 ID 23-3655 Approve Amendment No. 1 to Environmental Access Agreement with Richard Holmes (Jeff Thuneman) 5.6 ID 23-3651 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 5:00 p.m., Tuesday, February 28, 2023 (Kelly Williams) 6. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 6.1 ID 23-3653 Legislative Update by Nick Simonetta of Pivotal Policy Group (Anthony Kozlowski) 6.2 ID 23-3652 Announce Vacancies on Lake Havasu City Boards, Committees, and Commissions (Kelly Williams) 6.3 ID 23-3647 City Manager’s Report (Jess Knudson) 7. PUBLIC HEARINGS 7.1 ID 23-3637 Series #10 Beer and Wine Store Liquor License, Fast Gas, 281 S. Lake Havasu Avenue/Williams (Kelly Williams) 7.2 ID 23-3632 Adopt Resolution No. 23-3640 Appointing Member(s) to the Lake Havasu City Board of Adjustment (Kelly Williams) 7.3 ID 23-3642 Adopt Resolution No. 23-3639 Approving a Minor Amendment to the Future Land Use Map of the City’s General Plan for 740, 730, 720, 710, 700, & 670 Delta Drive and 681, 691, & 701 McCulloch Boulevard S., Tract 2222, Block 5, Lots 1 Thru 9, to Change the Future Land Use Designation from Neighborhood Commercial to High Density Residential (Luke Morris) 7.4 ID 23-3643 Adopt Ordinance No. 23-1306 Approving a Planned Development Rezone for 740, 730, 720, 710, 700, & 670 Delta Drive and 681, 691, & 701 McCulloch Boulevard S., Tract 2222, Block 5, Lots 1 Thru 9, from Limited Commercial (C-1) District to Multiple-Family/Planned Development (R-M/PD) District Allowing a Maximum Density Increase from 20 Dwelling Units Per Acre to 41 Dwelling Units Per Acre and Allowing a 5-Foot Encroachment Into the Required 15-Foot Front Setback for Vehicle Parking Abutting McCulloch Boulevard S. (Luke Morris) Page 2 Printed on 2/8/2023 City Council Regular Meeting Agenda - Final February 14, 2023 7.5 ID 23-3646 Approve Amendment No. 1 to Funding Agreement with Go Lake Havasu (Kelly Garry) 7.6 ID 23-3660 Adopt Resolution No. 23-3644 Approving the Submission of a Certificate of Necessity (CON) Application for Ambulance Ground Transport Services to Arizona Department of Health Services (ADHS) (Chief Pilafas) 7.7 ID 23-3658 Award Agreement for Professional Services (Design) for the Booster Station 4 Pump Station Improvements Project to NCS Engineers, Inc. (Jason Hart) 7.8 ID 23-3659 Approve the Cooperative Purchase with ARI Phoenix, Inc., for Four (4) ARI-Hetra Wheel Lifts (Bill Young) 8. 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. 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 - Councilmember Dolan Clean Colorado River Sustainability Coalition (CCRSCo) - Mayor Sheehy Havasu Youth Advisory Council - Councilmembers Coke & Lin Lake Havasu Area Chamber of Commerce - Councilmember Campbell Go Lake Havasu - Vice Mayor Lane Lake Havasu Metropolitan Planning Organization (MPO) - Mayor Sheehy & Councilmembers Campbell/Coke/Dolan (Alternate) Mohave County Water Authority - Mayor Sheehy Parks & Recreation Advisory Board - Vice Mayor Lane Partnership for Economic Development (PED) - Councilmember Moses Public Safety Personnel Retirement System – Local Fire Board - Vice Mayor Lane Public Safety Personnel Retirement System – Local Police Board - Vice Mayor Lane Western Arizona Council of Governments (WACOG) - Councilmember Lin 10. FUTURE MEETINGS Tuesday, February 28, 2023 @ 6:00 p.m. - Regular Meeting Tuesday, March 14, 2023 @ 6:00 p.m. - Regular Meeting 11. FUTURE DISCUSSION ITEMS 12. ADJOURN Page 3 Printed on 2/8/2023 City Council Regular Meeting Agenda - Final February 14, 2023 Page 4 Printed on 2/8/2023

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