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City Council

Regular Meeting

Lake Havasu City, AZ · October 24, 2023

AgendaMinutes

Minutes

Mayor Cal Sheehy Lake Havasu City Vice Mayor David Lane Police Facility Councilmember Nancy 2360 McCulloch Blvd North Campbell Lake Havasu City, Arizona Councilmember Jeni Coke 86403 Councilmember Jim Dolan www.lhcaz.gov Councilmember Michele Lin Councilmember Cameron Moses City Council Regular Meeting Minutes - Final Tuesday, October 24, 2023 5:30 PM 1. CALL TO ORDER Mayor Sheehy called the meeting to order at 5:30 p.m. 2. INVOCATION: Stephanie Lueras, Christ Chapel Ms. Stephanie Lueras, Christ Chapel, gave the invocation. 3. PLEDGE OF ALLEGIANCE: American Medical Response (AMR); William Weber Day Members from American Medical Response (AMR) led in the Pledge of Allegiance. Mayor Sheehy presented a proclamation to American Medical Response Paramedic William Weber proclaiming October 24, 2023, as “William Weber Day”. 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 23-4005 Approve the October 10, 2023, City Council Regular Meeting Minutes (Kelly Williams) 5.2 ID 23-4002 Adopt Resolution No. 23-3711 Approving Abandonment of the 8-Foot Public Utility Easement Along the Frontage of Lake Shore Way, Marina View Way and the Southern Portion of Marina View Avenue, Tract 2399, Block 1, Lot 76 (Trevor Kearns) 5.3 ID 23-4003 Approve Three (3) Year Small Enterprise Agreement with Environmental Systems Research Institute (ESRI) for Geographic Information Systems (GIS) Applications (Jonathan Baskette) 5.4 ID 23-4007 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 4:30 p.m., Tuesday, November 14, 2023 (Kelly Williams) Lake Havasu City Page 1 Printed on 11/15/2023 City Council Minutes - Final October 24, 2023 Councilmember Coke moved to approve the Consent Agenda as presented, 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 6. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 6.1 ID 23-4014 Investment Report as of September 30, 2023 (Jill Olsen) Mayor Sheehy noted that this item is for informational purposes only. 6.2 ID 23-4008 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 said applications are available at City Hall and on the City’s website at www.lhcaz.gov. 6.3 ID 23-4010 City Manager’s Report (Jess Knudson) City Manager Jess Knudson reported on the following: • Recognized the retirement of Paul Ledger, Lake Havasu City Police Department, with 10 years of service. • Announced various events, ceremonies, and proclamations. • Announced several upcoming events in October including the Youth Talent Show, Concerts in the Park series, Annual Fall Fun Fair, and London Bridge Days Parade. 7. PUBLIC HEARINGS 7.1 ID 23-3978 Series #7 Beer & Wine Bar Liquor License, Star Cinemas, 5601 Hwy 95 North, Bldg. #1/Lewkowitz (Kelly Williams) Ms. Williams advised that Ms. Andrea Lewkowitz has applied for a Series #7 Beer & Wine Bar Liquor License for Star Cinemas located at 5601 Hwy 95 North, Bldg. #1. 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 #7 liquor license. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Dolan moved to recommend that the Arizona Department of Liquor Licenses & Control approve a Series #7 beer and wine bar liquor license for Lake Havasu City Page 2 Printed on 11/15/2023 City Council Minutes - Final October 24, 2023 Star Cinemas, 5601 Hwy 95 North, Bldg. #1, seconded by Councilmember Moses, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lin, Councilmember Moses, Councilmember Coke, Vice Mayor Lane and Councilmember Dolan 7.2 ID 23-3976 Series #12 Restaurant Liquor License, Majik Bistro & Milkshakes, 1960 Mesquite Avenue, Suite #B/Donaldson (Kelly Williams) Ms. Williams advised that Ms. Stephanie Donaldson has applied for a Series #12 Restaurant Liquor License for Majik Bistro & Milkshakes located at 1960 Mesquite Avenue, Suite #B. 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 #12 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 #12 restaurant liquor license for Majik Bistro & Milkshakes, 1960 Mesquite Avenue, Suite #B, 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 7.3 ID 23-3989 Adopt Resolution No. 23-3712 Appointing Member(s) to the Lake Havasu City Airport Advisory Board (Kelly Williams) Ms. Williams advised that the city received one application requesting consideration for appointment to the Airport Advisory Board. She said the appointment is needed to fill the vacancy of one alternate pilot member position. Ms. Williams stated that the Application Review Panel conducted interviews on October 17, 2023, and recommends that Mr. Randy Peterson be appointed as an alternate pilot member to the Airport Advisory Board with a term ending June 30, 2026. Mr. Randy Peterson, applicant, introduced himself and expressed why he was interested in serving on the Airport Advisory Board. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. There was discussion on the Application Review Panel Interview process and panel Lake Havasu City Page 3 Printed on 11/15/2023 City Council Minutes - Final October 24, 2023 members. Councilmember Moses moved to adopt Resolution No. 23-3712 appointing Randy Peterson as an alternate pilot member to the Lake Havasu City Airport Advisory Board with a term ending on June 30, 2026, 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 7.4 ID 23-4012 Award Construction Contract for the Site 6 Boat Ramp Replacement Project to Kinney Construction, LLC (Mike Wolfe) Assistant City Engineer Mike Wolfe advised that this item is to award a construction contract for the Site 6 Boat Ramp Replacement Project to Kinney Construction, LLC. The project includes replacing the existing boat ramp to 14 percent grade, replacing the seawall and adding safety rail, and replacing the vehicle access loop drive with concrete paving, signage, and pedestrian fencing. He noted that the project design requires a Cofferdam Permit which is a large water bladder where water in the area is pumped out and placed into the bladder to create a dry work site. He said the Cofferdam Permit allows for a temporary impact to the waterway, minimizes the risk for an Endangered Species Animal “take,” and allows for work to be done during low water levels. He said the total cost of the project, which includes the Base Bid plus Additive Alternate 1 is $1,174,042. He noted that the project is completely funded through State Lake Improvement Funds (SLIF) and Arizona State Parks grants. Mr. Wolfe added that the project schedule requires a closure of the boat ramp beginning November 15, 2023, to March 1, 2024. In response to Councilmember Moses’ question, Mr. Wolfe explained that “PCCP” listed on the bid tabulation is Portland Cement Concrete Pavement and is the square yards of concrete pavement staff estimates to be replaced around the loop of the ramp. Mayor Sheehy opened the public hearing. Mr. Emiliano Torres, citizen, addressed the council and asked if the “ in water” portion of the ramp would be lengthened as the drop off makes it difficult to use, to which Mr. Wolfe said the length of the ramp and and drop off portion is noted in the topography and would be addressed as part of the reduction of the boat ramp grade. Ms. Frankie Lyons, citizen, addressed the council and asked if the observation railing would remain along the seawall. Mayor Sheehy stated that the railing would remain but would be closed during construction for safety purposes. Lake Havasu City Page 4 Printed on 11/15/2023 City Council Minutes - Final October 24, 2023 There being no further comments, Mayor Sheehy closed the public hearing. Councilmember Dolan moved to award the Construction Contract for the Site 6 Boat Ramp Replacement to Kinney Construction, LLC, in the amount of $1,174,042 and authorize the City Manager to execute the Contract on behalf of the City, 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 7.5 ID 23-3998 Adopt Ordinance No. 23-1320 Amending the Zoning Classification and District Boundary for 1695 Deer Run Drive, APN# 115-05-046, Metes and Bounds, from Agriculture-Preservation (A-P) District to Residential Single-Family (R-1) District (Trevor Kearns) City Planner Trevor Kearns advised that the subject property is currently vacant, measures 0.33 acres, and is located on the west end of Deer Run Drive. The properties to the west and south are zoned Lake Havasu Memorial Gardens (Agricultural Preservation (A-P)) and developed with a cemetery. The properties to the east are zoned Residential Single-Family (R-1) and developed into single-family homes, and the lots to the north are zoned Multiple-Family/Planned Development (R-M/PD) and developed into single-family homes. Mr. Kearns said the Future Land Use Map of the General Plan designates the area as Low Density Residential, and the proposed zoning classification is in conformance with the General Plan Use Map. Mr. Kearns said the applicant’s letter of intent states that they desire to rezone the property from A-P to R-1 to build a single-family home. He said the Planning and Zoning Commission heard this request at their meeting on September 20, 2023, and recommended approval 7 to 0. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Coke moved to adopt Ordinance No. 23-1320 amending the zoning classification and district boundary for 1695 Deer Run Drive, APN# 115-05-046, Metes and Bounds, from Agriculture-Preservation District to Residential Single-Family District, 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 7.6 ID 23-3999 Adopt Ordinance No. 23-1321 Approving a Planned Development Rezone of 740, 730, 720, 710, 700, & 670 Delta Drive and 681, 691, & 701 McCulloch Boulevard S., Tract Lake Havasu City Page 5 Printed on 11/15/2023 City Council Minutes - Final October 24, 2023 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 37.1 Dwelling Units Per Acre (Chris Gilbert) Planning Division Manager Chris Gilbert advised that this item was before the City Council on February 14, 2023, in which the General Plan Land Use designation was amended to High Density Residential; however, the City Council took no action on the rezone request. He said before the council is a refiling of the rezone request with changes to some of the conditions that were filed with the original submission. Mr. Gilbert explained that the subject property consists of a block with nine vacant, undeveloped lots located just northwest of the intersection of McCulloch Boulevard South and Chemehuevi Boulevard. He reviewed the high point of the property that establishes the maximum grade of 42-feet if approved. He noted that under the current zoning Limited Commercial (C-1) the maximum grade is five-feet less or 37-feet. He said the subject property and the properties to the south across the alley are zoned C-1 with two commercially developed lots and nineteen vacant lots. Mr. Gilbert stated that the applicant is proposing a three-story, 78-unit, multiple-family apartment building with a mix of one-bedroom, two-bedroom, and three-bedroom units. The applicant has increased the parking and has eliminated all other exceptions from their first submission with the exception of unit density. The proposal results in a density of 36.1-units per acre; however, the developer is requesting 37.1 units per acre, which gives the applicant some flexibility in their final design. The maximum code density for R-M zoning district is 20 units per acre; therefore, the applicant is asking for a Planned Development (PD) increase by 17.1 dwelling units per acre. Mr. Gilbert displayed an artist’s conception of the property. He said this was a debate at the Planning and Zoning Commission meeting as the conception does not show the true appearance depending on where you are at around the building as the grade changes dramatically from McCulloch Boulevard to the southwest part of Delta Drive. Mr. Gilbert displayed an aerial overlay and said the minimum setback of the proposed building from all property lines, except the back to the alley which abuts to C-1, is a minimum of 50-feet. He said traditional zoning often uses higher density residential as a buffer from single-family; however, in many communities you do not see this due to the nature the community developed. He said because Lake Havasu City was developed as a master-planned community, there are opportunities where traditional textbook type of zoning can occur with C-1 surrounded by R-2 as a buffer with single-family beyond those areas. He said typically apartment zoning, in this case R-M and C-1, have very similar impacts on surrounding properties. Mr. Gilbert reviewed the building elevations noting that the maximum grade is 42-feet. He Lake Havasu City Page 6 Printed on 11/15/2023 City Council Minutes - Final October 24, 2023 listed several other complexes in Lake Havasu City with comparable unit densities per acre including the Casa Blanca Apartments (84 units/39.6 units per acre), Commander Apartments (23 units/37.7 units per acre), and Kenmar Apartments (28 units/30.4 units per acre). Mr. Gilbert said a traffic study and staff’s recommended improvements were included in the council packet. He said the applicant provided a written statement accepting staff’s recommended improvements based on the traffic study, and reviewed the following two conditions of approval: 1. Final detailed site development plans shall be submitted for City staff review that substantially match the Conceptual Development Plan prior to issuance of building permits. This includes documents for Design Review and compliance with the City Public Works Department’s requested traffic improvements. Substantial deviations from the Conceptual Development Plan shall require new public hearings with new public notice given. 2. All lots included in this planned development shall be combined into one property and any easement location issues resolved with the utility companies prior to issuance of building permits. Mr. Stuart Schmeling addressed the council and said he is not the applicant but was asked by the property owner to help address and explain some of the concerns that were raised at the Planning and Zoning Commission meeting as a result of the presentation. Mr. Schmeling outlined the following in his presentation: history of property, existing zoning, zoning example at Acoma Boulevard and McCulloch Boulevard, current tract map and buildable area, site plan, and proposed building height cross sections. He reviewed the maximum building heights for C-1 (25-feet) and R-M (30-feet) and the proposed building height elevations for the proposed project. He explained that the elevation on the center line of McCulloch Boulevard is 1,198-feet which is the base elevation that determines the maximum grade for the site. He said the site has a lot of relief which makes it very difficult to picture when it is shown in two-dimension. Mr. Schmeling said the elevation in the center of the property is 1,186-feet and is the elevation that establishes the pad for level and fill. He reviewed the architectural elevations of the building as presented at the Planning and Zoning Commission meeting and findings of the Partnership for Economic Development Housing Needs Assessment (December 2022). He said the principal recommended objective of the study was to expand Lake Havasu City’s apartment workforce housing inventory with a principal strategy of encouraging infill development. He noted that in addition, Chapter 5 of the Lake Havasu City General Plan is dedicated to housing and neighborhoods with specific goals directly related to this project including expanding housing variety and siting of higher density uses. Councilmember Campbell thanked staff and Mr. Schmeling for their presentations. She expressed concern with high density in residential areas. She said increasing the density from 20-units per acre to 37-units was too high and understands that there are other Lake Havasu City Page 7 Printed on 11/15/2023 City Council Minutes - Final October 24, 2023 apartment complexes within the community with comparable densities; however, the difference between the other apartment complexes in Lake Havasu City and other communities is that they are within walking distance from restaurants and stores. She asked if any of the other comparable apartment complexes, for example the apartment complex on Swanson Avenue, were under the previous parking standards, because under the previous parking standards, this proposed project would result in 148-spaces, a difference of 28 parking spaces. Mr. Gilbert explained that many of the older apartment complexes throughout the community were severely under parked even compared to the city’s old parking standards that just recently changed. Councilmember Campbell asked for the number of parking units on the apartment complex with the highest density, to which Mr. Gilbert said he did not have the exact parking count for those complexes; however, in the analysis that was provided in their packet, for this project the base number of parking spaces prior to the changes was 109-spaces and the applicant has provided 120-spaces in their resubmittal. He said if the current parking standards were applied to this project today, the applicant would be required to provide 148-spaces; however, because this project was submitted prior to the effective date they are essentially grandfathered into the old parking requirements. Councilmember Campbell expressed concerns with the location as most apartment complexes are within walking distance to shopping areas resulting in fewer vehicles. Mayor Sheehy opened the public hearing. The following individuals spoke in opposition of the proposed planned development rezone: • Mr. Nick Palm, citizen • Mr. Steve Bernier, citizen • Ms. Sheila Murphy, citizen • Mr. Brian Strahl, citizen • Mr. Russ Burrows, citizen • Ms. Laura Shodahl, citizen • Mr. Gabriel Suarez, citizen • Mr. Daniel Koblosh, citizen • Mr. Jim Day, citizen • Ms. Tracey Patterson, citizen • Mr. Paul Bruce, citizen • Mr. Duke Hingley, citizen • Ms. Patty Holder, Owner of Pets in Paradise Resort • Mr. Bill Fleming, citizen • Mr. Danny Reed, citizen • Ms. Angela Murphy, citizen Lake Havasu City Page 8 Printed on 11/15/2023 City Council Minutes - Final October 24, 2023 • Ms. Nancy Klapp, citizen • Ms. Frankie Lyons, citizen • Mr. Jerry Sassy, citizen • Ms. Bonnie Toy, citizen • Mr. Trevor Best, citizen The following individuals spoke in support of the proposed planned development rezone: • Dr. Michael Lyster, citizen • Ms. Pam Swenson, citizen • Mr. Chad Nelson, citizen • Mr. Danny Finch, citizen • Mr. Rob Sampson, Selberg & Associates Mr. Bret Deru, applicant, addressed the council and said he is the owner of the property and has lived in Lake Havasu City for 35 years. He said for the past four years his business has struggled and has been unable to grow because his employees that come to Lake Havasu City are not able pay 48 to 52 percent of their income on housing and must move somewhere else. He said he loves Lake Havasu City and understands and appreciates the comments tonight. He said they have searched and have not been able to find another property to build this project to provide workforce housing in the community. He said he hopes their vision can come to light and knows he cannot make everyone happy. There being no further comments, Mayor Sheehy closed the public hearing. Vice Mayor Lane said he was in support of the project. He said what the applicant is proposing is an apartment complex for their employees and other employees to live. He said the applicant resubmitted and is only requesting an exception to the maximum density. He said for the betterment of Lake Havasu City and employees who need a place to live, he thinks this is a great project and a great location. Mayor Sheehy asked for clarification on the building height, to which Mr. Gilbert explained that per City Code the maximum grade is measured from the front of the property. He said the front of the property for this project is McCulloch Boulevard (once the lots are combined) which sets the high point at 12-feet above the finished grade. He further explained that R-M zoning has a 30-foot building height base; however, with a high point of 12-feet, the maximum building height is 42-feet. He said with cut and infill of dirt the southwest corner of the property would have a slight raise as the height of the building from finished grade is 39.6-feet for the parapet sections with the ground sloping down to the property line. He said the perceived height for residents along the southwest of the building will be higher than 39.6-feet due to the grade drop from the foundation. He noted Lake Havasu City Page 9 Printed on 11/15/2023 City Council Minutes - Final October 24, 2023 that the proposed building height meets City Code requirements. Mr. Mac Hall, architect, addressed the council and said the proposed design includes a 12-foot retaining wall along McCulloch Boulevard with an eight- and nine-foot retaining wall along the intersection of the alley and Delta Drive that zeros-out to approximately two feet at the bulb on Delta Drive and catches grade approximately one lot up on Delta Drive. He said the proposed elevation sits the way it does because at the neighborhood meeting the neighbors wanted the entrance to the building to be as close to McCulloch Boulevard as possible. He said to do that, the grade had to come up. He said if the entrance was further down on Delta Drive, they could lower the grade to be less impactful along the alley and Delta Drive. Councilmember Dolan said he was not in favor of this project as he felt the density was too high for the area. Councilmember Moses spoke on property rights and need for workforce housing. He said the City’s standards for height and density are low which is why there are not a lot of apartment complexes throughout the city. He said he was in favor of the project due to the reduction in density and thinks it will be a good buffer between the R-2 to the C-1 and thinks the C-1 will be developed as it was intended as commercial follows housing. Councilmember Coke thanked the citizens for their input and spoke on the need for workforce housing. She said she was in favor of the project as the developer came back and made some concessions to the proposed project to try and compromise. Mayor Sheehy thanked the neighborhood for their input and discussion. Vice Mayor Lane moved to adopt Ordinance 23-1321 approving a planned development rezone of 740, 730, 720, 710, 700 and 670 Delta Drive and 681, 691, and 701 McCulloch Boulevard S. from Limited Commercial District (C-1) to Multi-Family/Planned Development District (R-M/PD), and permitting a maximum density increase from 20 dwelling units per acre to 37.1 units per acre, with the following conditions: (1) Final detailed site development plans shall be submitted for City staff review that substantially match the Conceptual Development Plan prior to issuance of building permits. This includes documents for Design Review and compliance with the City Public Works Department’s requested traffic improvements. Substantial deviations from the Conceptual Development Plan shall require new public hearings with new public notice given. (2) All lots included in this planned development shall be combined into one Lake Havasu City Page 10 Printed on 11/15/2023 City Council Minutes - Final October 24, 2023 property and any easement location issues resolved with the utility companies prior to issuance of building permits, The motion was seconded by Councilmember Coke, and carried by the following vote: Aye: 4 - Mayor Sheehy, Councilmember Moses, Councilmember Coke and Vice Mayor Lane Nay: 3 - Councilmember Campbell, Councilmember Lin and Councilmember Dolan 7.7 ID 23-3957 Introduce Ordinance No. 23-1319 Amending Lake Havasu City Code Section 3.20.040, Schedule of Fees and Service Charges, to Update Costs Recovered (Jill Olsen) Administrative Services Director Jill Olsen advised that this item is an introduction of an ordinance to amend the city’s schedule of fees and services charges to update costs recovered. Ms. Olsen explained that city’s fees and service charges are reviewed annually in accordance with the City Code and several years ago the city established a method to adjust fees by using the Consumer Price Index (CPI) when calculating recommended fee changes which allowed for reasonable costs to be recovered. She stated that a CPI of 13.85 percent was applied last year to keep up with inflation costs. This year staff reviewed the CPI, which came back at 10 percent; however, to minimize fee increases, staff is recommending a 5 percent increase to help keep pace with the changes in costs the city is seeing and come back next year with the actual calculations. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Coke moved to introduce Ordinance No. 23-1319 amending Lake Havasu City Code Section 3.20.040, 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 7.8 ID 23-4006 Approve a Sole Source Purchase of a Recondition and Rebuild of the Klampress Belt Filter Press and On-Site Services for the North Regional Treatment Plant from Alfa Laval Inc. (Thilak Fernando) Wastewater Superintendent Thilak Fernando advised that this item is to approve a sole source purchase to Alfa Laval, Inc., to recondition and rebuild the Klampress Belt Filter Press at the North Regional Wastewater Treatment Plant. Mr. Fernando said the treatment plant was placed into service in 2006 and the current filter press is one of the original component parts located in the headworks building that is used to dewater the biosolids. Lake Havasu City Page 11 Printed on 11/15/2023 City Council Minutes - Final October 24, 2023 Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Moses moved to approve the Sole Source Purchase of a recondition and rebuild of the Klampress Belt Filter Press and On-Site Services for the North Regional Treatment Plant from Alfa Laval Inc. in the amount not to exceed $200,000, 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 7.9 ID 23-4009 Approve Amendment No. 1 and Price Increases to Cooperative Purchase Agreements and Annual Expenditures Over $50,000 for Water and Wastewater Equipment Maintenance and Repair Services with Keller Electrical Industries, LLC, and Phoenix Pumps, Inc. (Thilak Fernando) Mr. Fernando advised that this item is approval of Amendment No. 1 exercising the first renewal for a two-year period and price increases to a cooperative purchase agreement with Keller Electrical Industries, LLC, and Phoenix Pumps, Inc., for expenditures that will exceed $50,000 for water and wastewater equipment maintenance and repair services. Councilmember Lin asked the reason for the price increases, to which Mr. Fernando said the reason is due to a 30 and 35 percent increase in labor costs. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Vice Mayor Lane moved to approve the execution of Amendment No. 1 and price increases to the Cooperative Purchase Agreements for Water and Wastewater Equipment Maintenance and Repair Services utilizing the City of Chandler, Arizona Contract No. PW2-936-4357, through August 31, 2025, with Keller Electrical Industries, LLC, and Phoenix Pumps, Inc.; authorize the City Manager to execute the Amendments on behalf of the City; authorize City staff to exercise the options to renew through August 31, 2027, and for the Water and Wastewater Divisions to exceed $50,000 in annual expenditures for the term of each Agreement, 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 Lake Havasu City Page 12 Printed on 11/15/2023 City Council Minutes - Final October 24, 2023 7.10 ID 23-4004 Award Bid for Janitorial Services for the Parks & Recreation Aquatic Center to Advanced Janitorial Services, Inc. and Municipal Court Facilities to Newby Services LLC, DBA Spruce Goose Janitorial (Mitchell Kalauli and Mike Keane) Parks and Recreation Director Mike Keane advised that this item is to award a contract for janitorial services for the Parks and Recreation Aquatic Center to Advanced Janitorial Services, Inc., and post construction and janitorial services for the Municipal Court to Newby Services, LLC, dba Spruce Goose Janitorial. Mr. Keane said bids were opened on October 11, 2023, with four bids received for the Aquatic Center and two bids received for the Municipal Court. Mayor Sheehy asked who is currently contracted for janitorial services at the Aquatic Center, to which Mr. Keane responded Done Right Cleaning. Mr. Keane noted that Advanced Janitorial Services, Inc., provided cleaning services for the city many years ago. Councilmember Lin asked what the post-construction janitorial services for the Municipal Court consisted of, to which Court Administrator Colene Lowery explained that the post-construction janitorial services are broken into two cleanings – the first cleaning after furniture is delivered and installed and the second cleaning before the grand opening of the facility. Councilmember Lin asked if the annual cost for janitorial services for the Municipal Court was $75,000, to which Ms. Lowery explained that the base bid for daily janitorial services is $68,259, with additional weekend or on-call services if needed, for a total annual cost not-to-exceed $75,000. Discussion ensued related to janitorial services for all city facilities. Councilmember Lin asked what the Mohave County Court building was currently paying for janitorial services, to which Ms. Lowery said they are currently using the same janitorial company; however, their contract is split between the court side and the county facilities on the other side of the building; therefore, the court is only paying the costs on their side which is a little less than the bid the city received. Mayor Sheehy opened the public hearing. Ms. Toy, citizen, addressed the council and asked how many people the city is looking to hire to clean these buildings. Mayor Sheehy explained that the city is contracting with a company that will have employees. There being no further comments, Mayor Sheehy closed the public hearing. Councilmember Coke moved to award: Lake Havasu City Page 13 Printed on 11/15/2023 City Council Minutes - Final October 24, 2023 (1) A contract to Advanced Janitorial Services, Inc. in an amount not-to-exceed $45,000 for daily and additional services, as needed, at the Aquatic Center for a 12-month term with the option to renew annually for four additional one-year terms; and (2) A contract to Newby Services, LLC, dba Spruce Goose Janitorial, in an amount not to exceed $75,000 for daily and additional services, as needed, at the Municipal Court facility for a 12-month term with the option to renew annually for four additional one-year terms; and an additional one-time amount of $7,569 for post-construction janitorial services; and authorize City staff to exercise the option to annually renew with an annual CPI price adjustment and authorize the City Manager to execute the Agreements on behalf of the City. Motion 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 8. CALL TO THE PUBLIC Mr. Sergi Heideman, citizen, addressed the council and spoke concerning the city’s zoning ordinances related to short-term rentals in Lake Havasu City. Ms. Toy addressed the council and asked if the timing of the Site 6 Boat Ramp Replacement Project could be completed before the Lake Havasu Holiday Boat Parade of Lights. Ms. Swenson addressed the council and expressed her appreciation to the City Council for their hard work. She said she was disappointed in the people that were in attendance that could not control their emotions and if they really cared about the city, they would still be at the meeting. Mr. Torres addressed the council and said the people that were in attendance had valid concerns and was their neighborhood. He said to dismiss them because they did not stay for a meeting after their issue was over and decided, they deserve credit for being here and do represent a lot of the community. Mr. Burrows addressed the council and thanked the councilmembers who voted against the rezone. He said all they ask is that the City Council follow the guidelines of the city. He said he is not looking forward to seeing cars parked along McCulloch Boulevard, no-parking signs next to the existing businesses, and enforcement that will be needed for problems. Lake Havasu City Page 14 Printed on 11/15/2023 City Council Minutes - Final October 24, 2023 9. CURRENT EVENTS Vice Mayor Lane expressed his appreciation to the Lake Havasu Firefighters Charities for their donation of pumpkins for a Trunk-or-Treat event. 10. FUTURE MEETINGS Tuesday, November 14, 2023 @ 5:30 p.m. – Regular Meeting Tuesday, November 28, 2023 @ 5:30 p.m. – Regular Meeting 11. FUTURE DISCUSSION ITEMS There were no requests from council for future discussion items. 12. ADJOURN Upon motion by Vice Mayor Lane and seconded, the meeting adjourned at 8:50 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 24th day of October, 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 11/15/2023

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, October 24, 2023 5:30 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: Stephanie Lueras, Christ Chapel 3. PLEDGE OF ALLEGIANCE: American Medical Response (AMR); William Weber Day 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 23-4005 Approve the October 10, 2023, City Council Regular Meeting Minutes (Kelly Williams) 5.2 ID 23-4002 Adopt Resolution No. 23-3711 Approving Abandonment of the 8-Foot Public Utility Easement Along the Frontage of Lake Shore Way, Marina View Way and the Southern Portion of Marina View Avenue, Tract 2399, Block 1, Lot 76 (Trevor Kearns) 5.3 ID 23-4003 Approve Three (3) Year Small Enterprise Agreement with Environmental Systems Research Institute (ESRI) for Geographic Information Systems (GIS) Lake Havasu City Page 1 Printed on 10/18/2023 City Council Regular Meeting Agenda - Final October 24, 2023 Applications (Jonathan Baskette) 5.4 ID 23-4007 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 4:30 p.m., Tuesday, November 14, 2023 (Kelly Williams) 6. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 6.1 ID 23-4014 Investment Report as of September 30, 2023 (Jill Olsen) 6.2 ID 23-4008 Announce Vacancies on Lake Havasu City Boards, Committees, and Commissions (Kelly Williams) 6.3 ID 23-4010 City Manager’s Report (Jess Knudson) 7. PUBLIC HEARINGS 7.1 ID 23-3978 Series #7 Beer & Wine Bar Liquor License, Star Cinemas, 5601 Hwy 95 North, Bldg. #1/Lewkowitz (Kelly Williams) 7.2 ID 23-3976 Series #12 Restaurant Liquor License, Majik Bistro & Milkshakes, 1960 Mesquite Avenue, Suite #B/Donaldson (Kelly Williams) 7.3 ID 23-3989 Adopt Resolution No. 23-3712 Appointing Member(s) to the Lake Havasu City Airport Advisory Board (Kelly Williams) 7.4 ID 23-4012 Award Construction Contract for the Site 6 Boat Ramp Replacement Project to Kinney Construction, LLC (Mike Wolfe) 7.5 ID 23-3998 Adopt Ordinance No. 23-1320 Amending the Zoning Classification and District Boundary for 1695 Deer Run Drive, APN# 115-05-046, Metes and Bounds, from Agriculture-Preservation (A-P) District to Residential Single-Family (R-1) District (Trevor Kearns) 7.6 ID 23-3999 Adopt Ordinance No. 23-1321 Approving a Planned Development Rezone of 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 37.1 Dwelling Units Per Acre (Chris Gilbert) 7.7 ID 23-3957 Introduce Ordinance No. 23-1319 Amending Lake Havasu City Code Section 3.20.040, Schedule of Fees and Service Charges, to Update Costs Recovered (Jill Olsen) 7.8 ID 23-4006 Approve a Sole Source Purchase of a Recondition and Rebuild of the Klampress Belt Filter Press and On-Site Services for the North Regional Treatment Plant from Alfa Laval Inc. (Thilak Fernando) 7.9 ID 23-4009 Approve Amendment No. 1 and Price Increases to Cooperative Purchase Lake Havasu City Page 2 Printed on 10/18/2023 City Council Regular Meeting Agenda - Final October 24, 2023 Agreements and Annual Expenditures Over $50,000 for Water and Wastewater Equipment Maintenance and Repair Services with Keller Electrical Industries, LLC, and Phoenix Pumps, Inc. (Thilak Fernando) 7.10 ID 23-4004 Award Bid for Janitorial Services for the Parks & Recreation Aquatic Center to Advanced Janitorial Services, Inc. and Municipal Court Facilities to Newby Services LLC, DBA Spruce Goose Janitorial (Mitchell Kalauli and Mike Keane) 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, November 14, 2023 @ 5:30 p.m. - Regular Meeting Tuesday, November 28, 2023 @ 5:30 p.m. - Regular Meeting 11. FUTURE DISCUSSION ITEMS 12. ADJOURN Lake Havasu City Page 3 Printed on 10/18/2023

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