City Council

Mayor Cal Sheehy Lake Havasu City Vice Mayor Cameron Moses Council Chambers Councilmember Nancy 92 Acoma Boulevard Campbell Lake Havasu City, Arizona Councilmember Jeni Coke 86403 Councilmember Jim Dolan www.lhcaz.gov Councilmember David Lane Councilmember Michele Lin City Council Regular Meeting Minutes - Final Tuesday, September 10, 2024 5:30 PM 1. CALL TO ORDER Mayor Sheehy called the meeting to order at 5:30 p.m. 2. INVOCATION Pastor Tim Giles, Inspire the Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE Members from #YouMatter led in the Pledge of Allegiance. 4. ROLL CALL Present: 7- Mayor Cal Sheehy, Councilmember Nancy Campbell, Councilmember Michele Lin, Councilmember Jeni Coke, Councilmember Jim Dolan, Councilmember David Lane and Vice Mayor Cameron Moses 5. CONSENT AGENDA 5.1 ID 24-4427 Approve the August 13, 2024, City Council Special Meeting Minutes and City Council Regular Meeting Minutes (Kelly Williams) 5.2 ID 24-4442 Resolution No. 24-3778 Approving Abandonment of the Entire 10-Foot-Wide Public Utility and Drainage Easement on the Rear Property Line of 2158 Rudolph Drive, Tract 136, Block 7, Lot 34 (Trevor Kearns) 5.3 ID 24-4426 Cooperative Purchase Agreement with Model 1 Commercial Vehicles, Inc. and Cooperative Purchase of BraunAbility Promaster ADA Low Floor Van (Patrick Cipres) 5.4 ID 24-4445 Cooperative Purchase of Video Detection Systems from Iteris, Inc. (Bill Young) 5.5 ID 24-4446 Cooperative Purchase of Traffic Signal Equipment Components from Econolite Control Products, Inc. (Bill Young) 5.6 ID 24-4440 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 4:30 p.m., Tuesday, Lake Havasu City Page 1 Printed on 9/26/2024 City Council Minutes - Final September 10, 2024 September 24, 2024 (Kelly Williams) Councilmember Coke moved to approve the Consent Agenda as presented, seconded by Vice Mayor Moses, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lin, Councilmember Coke, Councilmember Dolan, Councilmember Lane and Vice Mayor Moses 6. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 6.1 ID 24-4433 Fiscal Year 2023-24 4th Quarter Contracted Agency Reports (Chief Stirling) Mayor Sheehy noted that this item was for informational purposes only. 6.2 ID 24-4435 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 24-4441 City Manager’s Report (Jess Knudson) City Manager Jess Knudson reported on the following: • Announced various events, ceremonies, and proclamations. • Announced that on August 13, 2024, Councilmembers Nancy Campbell (re-elect), Cameron Moses (re-elect), and David Diaz (elect) were presented with Certificates of Election and will take office at the City Council Regular Meeting on November 26, 2024. • Announced that Vice Mayor Moses was selected to participate in the prestigious 2024 Flynn Brown Fellowship in recognition of his dedication to civic leadership in Arizona. • Announced that Airport Manager Robert Kane was recognized in the newspaper for his service and accomplishments in the United States Air Force. 7. PUBLIC HEARINGS 7.1 ID 24-4398 Series #10 Beer and Wine Store Liquor License, Family Dollar #26559, 90 Acoma Boulevard N./Gomes (Kelly Williams) Ms. Williams advised that Ms. Catherine Marie Gomes has applied for a Series #10 Beer & Wine Store Liquor License for Family Dollar #26559, located at 90 Acoma Boulevard N. 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. Lake Havasu City Page 2 Printed on 9/26/2024 City Council Minutes - Final September 10, 2024 Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Vice Mayor Moses moved to recommend that the Arizona Department of Liquor Licenses and Control approve a Series #10 beer and wine store liquor license for Family Dollar #26559, 90 Acoma Boulevard N, seconded by Councilmember Lane, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lin, Councilmember Coke, Councilmember Dolan, Councilmember Lane and Vice Mayor Moses 7.2 ID 24-4413 Series #12 Restaurant Liquor License, Rotary Kitchen & Bar, 3465 Maricopa Avenue/Francis (Kelly Williams) Ms. Williams advised that Mr. Travis Christopher Francis has applied for a Series #12 Restaurant Liquor License for Rotary Kitchen & Bar, located at 3465 Maricopa 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 #12 liquor license. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Vice Mayor Moses moved to recommend that the Arizona Department of Liquor Licenses and Control approve a Series #12 restaurant liquor license for Rotary Kitchen & Bar, 3465 Maricopa Avenue, seconded by Councilmember Coke, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lin, Councilmember Coke, Councilmember Dolan, Councilmember Lane and Vice Mayor Moses 7.3 ID 24-4411 Resolution No. 24-3776 Approving a Major General Plan Amendment Revising the Future Land Use Map Designations for 1850 Bahama Avenue, Tract 115, Block 4, Lots 11 through 13 and 21 through 23, and Block 5, Lots 1 through 9, 14.08 Acres, from High Density Residential to Resort Related-Mainland (Chris Gilbert) Planning Division Manager Chris Gilbert advised that today’s hearing is the third and final public hearing required for a major General Plan amendment application, with the first two public hearings held before the Planning and Zoning Commission (“Commission”) on June 19, 2024, and July 17, 2024, in accordance with state statutory requirements for major General Plan amendments. He noted that immediately following this hearing would be a separate hearing regarding the zoning change and general development plan for this project. Mr. Gilbert explained that the subject property is a group of smaller lots that have Lake Havasu City Page 3 Printed on 9/26/2024 City Council Minutes - Final September 10, 2024 been combined into one parcel located at 1850 Bahama Avenue and comprised of approximately 14.1-acres in total with the Lake Havasu Avenue intersection to the west and the Industrial Boulevard intersection to the east of the property. The subject property is currently zoned High Density Residential that permits up to 20 dwelling units per acre and is compatible with a large part of the surrounding area. The applicant is requesting Resort Related-Mainland land use to accommodate a mixed commercial and residential resort-style development. The subject property is currently zoned residential multi-family with light industrial to the north, multi-family residential to the east and west, and single-family residential to the south. Mr. Gilbert said the applicant intends to construct a multi-phase resort-style development including a surf pool, cliff diving feature, commercial activities including restaurants, and combination of condominiums and apartment units. The proposed development plan has been updated since the Commission hearings to reduce the number of units to 172 total for a revised density of 12.2-units per acre and includes eliminating one structure entirely, replacing it with parking, and also reducing the remaining structures to 55-feet in height. Mr. Gilbert noted that the Commission recommended denial of this amendment at the second public hearing on July 17, 2024, and added that amending the General Plan is required to accommodate the rezoning and Planned Development (PD) application following this item in order to be in conformance with the General Plan Future Land Use Map. Councilmember Campbell asked if what the council is approving tonight is the same development plan that went before the Commission, to which Mr. Gilbert said the applicant’s initial request has changed in that they eliminated a building and reduced the number of stories by one on all remaining structures. Councilmember Campbell questioned if a change would require the application to go back to the Commission for recommendation, to which Mr. Gilbert explained that the applicant has attempted to address the deficiencies that they saw on the plan based on the public comments received. Councilmember Campbell asked if the buildings would be approximately 52-feet high based on the topography, to which Mr. Gilbert said 52-feet is the building height from pad to roof and not the elevation or max grade height. He said the applicant has reduced the number of buildings from six to five and reduced the building height from 65-feet to 52-feet. Councilmember Campbell asked what the current height allowance is on the property, to which Mr. Gilbert said currently the property (zoned multi-family residential) allows for 30-feet in height and 20-units per acre in density. He said the applicant is proposing a density of 12.2-units per acre but the proposed height, to create extra space, is above the maximum height that the R-M district would allow. Mr. Cole Cannon, applicant, addressed the council and said he is the prime developer of this project. He provided a brief history on how he came to Lake Havasu City and his development of the largest and only surf pool in Mesa, Arizona, scheduled to open next Lake Havasu City Page 4 Printed on 9/26/2024 City Council Minutes - Final September 10, 2024 month. He said he is very cued-in to the surf culture and said his life mission is to get kids off screens, be active, and challenge themselves in wholesome, community-oriented, family-type activities which is what he hopes to bring with this project. He displayed photos of a school surf team and a video of the surf pool. He said this development would not just accommodate one-to-two-bedroom suites but upwards of six-bedroom suites for large or extended families. He added that what they are proposing is as much a beach as it is a surf resort, creating a family-friendly environment that has something for everyone. Mr. Cannon said their original plan had 221 units (59-units below code), 639 parking spaces, six buildings, realigned entrance, two restaurants, surf feature, and large lagoon. He said the concerns they heard from the public hearings regarding traffic, building height, water, density, and parking have all been addressed to the best of their ability as follows: Traffic (Concerns: Bahama/Lake Havasu Avenue, Safety Deadman’s Curve, Additional Traffic) • Coordinated Traffic Study with City Engineer • Moved Entrance Away from Deadman’s Curve Height (Concerns: Too Tall (Five-Stories), Highest Building in City) • Reduced Building Height to Four-Stories Water (Concerns: not enough, wasted water) • Working with City – Waster Sensitive Design Density (Concerns: Too Many Buildings, Too Many Units) • Removed One Building • Reduced Density 108-Units (38 percent below code) Parking (Concerns: Do Not Want Parking on Bahama Avenue) • Increased Parking by 42 Spaces • Total of 681 Standard Stalls (47 percent more than code) Mr. Cannon stated that he cannot promise that in the end they are going to build 172-units as a lot of this project is market-driven, but he is committed to this area and believes Lake Havasu City will benefit immensely by having a surf attraction. Mr. Cannon said he received a lot of mixed messages at the Commission level related to affordable housing and said he is not sure what the city wants but is hoping to find out tonight. He reviewed their updated plan which included 172-units (49 fewer than the original plan and 108-units below code), 42 more parking spaces, five buildings, zero-entry beach, cliff diving area, realigned entrance location, and improved internal spaces. He added that one of their request variances is changing the land use to Resort Related-Mainland which would allow them to open the restaurant and surf pool to the public versus only being open to those Lake Havasu City Page 5 Printed on 9/26/2024 City Council Minutes - Final September 10, 2024 staying at the facility, members of an HOA, or short-term renters. Mr. Cannon displayed renderings of the pool, buildings, cliff diving, lagoon, and river wave. He reviewed the economics and direct benefits of the project and noted that the alternative to this project would be 280-units (per code), less parking, nine buildings (lower height), few amenities, and not open to the public. He said he believes the alternative of 280-units is too much but is what zoning allows and said what they are proposing to do is 12.2-units per acre which is a significant reduction to what they are entitled to do. Mr. Cannon added that he understands there may be some resistance to this project as the property has been on the market for 15 years and does not blame the neighbors from getting accustomed to the vacancy and wanting to keep it that way. He added that they have done the best they can and said given that that they are located next to an industrial building, he thinks they have about as minimal neighbors as they can have. He added that they have commissioned a traffic impact study that met with city staff and the conclusion was that the proposed project at this location would not have a significant impact on traffic; however, there is an intersection at Bahama Avenue and Lake Havasu Avenue that will need to be addressed regardless of whether this project is built. Mayor Sheehy said he watched both public hearings before the Commission and did not have clear understanding of what the day-to-day operations would be, to which Mr. Cannon said the proposed project would be open to the public and out-of-town visitors. He spoke on the growth of the short-term rental market in Lake Havasu City and said they hope to capture some of that market by developing a tourist resort-style location that has variety of units from one-bedroom to six-bedrooms to accommodate both large and small families. Mayor Sheehy clarified that the proposed project is a hotel, to which Mr. Cannon said essentially it is a hotel. Mayor Sheehy asked if they are proposing any long-term rentals, to which Mr. Cannon said any condominiums would be a part of “Phase 2” of the project which is shown on the proposed plan as the two buildings on the far end with small pool in-between. Mayor Sheehy asked if they are proposing a resort-hotel type of experience, to which Mr. Cannon replied yes. Mayor Sheehy asked about the development’s ownership structure, to which Mr. Cannon replied that the current plan is not to timeshare or condo the units but noted that he could not promise that would not change. He added that he does not have any interest in doing that as he has never developed a timeshare community; however, if necessity happened, he does not want to tie their hands on some economic future that he cannot see or understand yet. He said their intention is short-term rentals as they believe the market supports that and a resort and pool amenities that will be used by locals and visitors. Mayor Sheehy spoke on the importance of responsible growth with partners in the development community that will enhance the community without negatively impacting Lake Havasu City Page 6 Printed on 9/26/2024 City Council Minutes - Final September 10, 2024 the community or neighbors. He noted that if this item cannot get passed the neighborhood meeting, then the city is not interested because we have to coexist altogether. Vice Mayor Moses said he heard from the developer that this will be a hotel but also short-term rentals which are two different things, to which Mr. Cannon said they intend to have hotel amenities (laundry, front desk, room service, etc.) but explained that the hotel and rental market is blurred because you can book rentals now through Expedia, who recently acquired Vrbo; however, he said the look and feel from a consumer perspective will be more of a hotel. Councilmember Dolan said he liked the idea and would love to see this in a different location but said he could not support changing the land use and giving up multi-family residential property. He noted that the city really needs affordable housing before this project but appreciates the developer’s interest in Lake Havasu City and investing in the community and hopes that the city can continue to work with them. Mr. Cannon said he is hearing there is a “need” for housing and interprets that as there is an “economic demand” for housing. He said housing is far more lucrative than what he is proposing to do (surf park and wave), but said he is doing this because it is the legacy that he wants to teach his children and others. He reiterated that the two buildings proposed on the far end could possibly be part of a future phase for long-term rentals (condominiums or apartments) that he would be open to, but said they have to have the resort component for the surfing. Mr. Cannon added that they recently conducted a survey of 500 people that resulted in 57 percent in support, 17 percent unsure, and 24 percent opposed to the project. Councilmember Campbell questioned the maximum height allowance based on the topography of the land and asked if the developer was able to utilize effluent water for the pool. Mr. Cannon replied yes, and said they currently use effluent water at their facility in Mesa, Arizona, using a state-of-the-art filtration system. Mr. Cannon explained the calculation for determining the maximum height allowance. Mr. Gilbert added that the 30-feet is the base height for R-M, and due to combining the lots the additional height gain is only 18-feet because the property is directly adjacent to R-1. He said 48-feet is the maximum height of the buildings; however, he noted that the building heights would be higher moving west due to the topography. Councilmember Campbell questioned whether the proposed buildings adjacent to R-1 would be 18-feet, to which Mr. Cannon explained that the property originally was comprised of 15 smaller parcels that was consolidated into one property creating a building height of 22-feet plus 30 or 35-feet; however, all they would have to do to develop this property as shown is re-subdivide the property creating a buffer with one parcel between Lake Havasu City Page 7 Printed on 9/26/2024 City Council Minutes - Final September 10, 2024 the development and the neighbor to eliminate the 18-foot building height requirement. Councilmember Campbell asked if they would have a wall surrounding the property or retaining walls, to which Mr. Cannon replied neither, explaining that they have done their best to engineer the property to flow with the topography using the valley as a natural buffer between the development and the neighboring properties. Councilmember Campbell was in favor of the project design and using effluent water. Mr. Cannon noted that their large development in Mesa has a large traveling lagoon wave that uses less water than a golf course as they are very water conscious. Councilmember Campbell said she could not support this if they were proposing to use potable water. Councilmember Lane said he had serious concerns with this project and proposed location. He added that after watching the Commission meetings he was not happy with the comments that were made regarding the city not being open for business. He said it is unclear what business they are doing – surf park, short-term rentals, long-term rentals, resort-style – and noted that the city is open for business but said it sounds like the applicant is telling the City Council what they are going to do and expects the City Council to follow through with it without a plan. He added that he does not think the applicant is hearing what the people have to say and added that while economic impact and quality of life is important to Lake Havasu City, so is putting projects in the appropriate place. Councilmember Lane said the presentation tonight had pictures of surf pools and amenities in other locations that they are not proposing to build here which he did not like. He added that he did not know if he could believe those in attendance tonight who were in support of this project because he has received information from people that they have been bribed with a free punch pass in coming to the City Council meeting. Mr. Cannon said they held two public meetings in accordance with state statute and were encouraged to take to heart what the Commission and public had to say which they did by reducing their development by two buildings. He said most developers want to have more density and the difference between the original plan and the proposed plan is a dramatic departure from what they are legally required to do. Mr. Cannon said at the Commission meeting he did not say the city was not open for business, what he said was that he hopes that the promise he was given when he walked into the city, is that the city is open for business and open to this idea. He said if the city is not open to this idea, he would like to know sooner rather than later because life is short and if this is not something the city wants, he is not going to fight with the city for the next five years. He added that he did not say he would leave the city, what he said was that they will change their plan and explore other uses. He said if the city likes four of the buildings but not five that is feedback that he is happy to take but said they have tried their best to incorporate Lake Havasu City Page 8 Printed on 9/26/2024 City Council Minutes - Final September 10, 2024 balancing the economic interest that they have as a private sector. Mr. Cannon said he believes his communication has been full of integrity and does not know of another property in Lake Havasu City that is big enough to host this project. He said the city is the one that promised him a density of 20-units per acre, 280-units on this 14-acre parcel, and he is asking for a lot less than that and does not think that property rights should always be a democratic process. He said if this a conservative city, private property rights are inalienable, and in purchasing properties we hope we can rely on our city and its land use ordinance and zoning code to give them the things that we want. He said if every time we put it to a majority vote of those around the property nothing is ever going to get done in this world. Mr. Cannon added that he is not asking for density that is not entitled. Councilmember Campbell requested the City Council go into executive session for legal advice. Mayor Sheehy asked if Councilmember Campbell would like to wait to go into executive session until after hearing all comments or questions from the council, to which Councilmember Campbell said yes. Councilmember Lin asked if the development would be open year-round, to which Mr. Cannon replied yes. Councilmember Lin asked if there is another property available in Lake Havasu City where this project could be built without requiring a major General Plan amendment, to which Mayor Sheehy said the fact of the matter is that this applicant owns this property. Councilmember Lin asked the applicant why they chose this property, to which Mr. Cannon replied that it was the largest contiguous piece of land he could find in Lake Havasu City. Councilmember Lin asked Mr. Cannon if he understood when purchasing the property that he would have to request a major General Plan amendment, to which Mr. Cannon replied that he did not know that because the zoning permits him to build 280-units. He clarified that the two variance requests before the City Council is for height and to be open to the public. He said he could build this today with the surf pool and cliff diving without going to the Commission, but he would like it to be open to the public. Mayor Sheehy clarified that there are two public hearings tonight, the first item is the major General Plan amendment, which allows the ability for public use and planned development for specific building heights, and the second (companion) item is related to zoning which allows the underlying zoning to match the General Plan amendment. Councilmember Dolan questioned whether a hotel could be built in R-M, to which Mr. Cannon said they could build condominiums for short-term rentals. Mr. Gilbert stated that a hotel would not be allowed in R-M. Mayor Sheehy noted that a hotel would not be allowed in the R-M district; however, they could build up to 280 condominiums based on the 20-units per acre density allowed in R-M that could be sold on the platforms in a hotel-like environment. Councilmember Campbell moved to adjourn to executive session for legal advice, Lake Havasu City Page 9 Printed on 9/26/2024 City Council Minutes - Final September 10, 2024 seconded by Vice Mayor Moses, and carried unanimously. The City Council adjourned to Executive Session at 6:46 p.m. The City Council reconvened the Regular Meeting at 6:58 p.m. Mayor Sheehy opened the public hearing. The following individuals spoke in opposition to the major General Plan amendment for 1850 Bahama Avenue: • Mr. John Lawson, citizen • Ms. Katrin Phillips, citizen • Mr. Ron Phillips, citizen • Mr. Dave Wijnhamer, citizen • Mr. Emiliano Torres, citizen • Ms. Cindy Ritter, citizen • Ms. Sheila Murphy, citizen • Mr. Jim Quist, citizen • Ms. Marsha Bailey, citizen • Ms. Kathy Quist, citizen • Ms. Bonny Toy, citizen The following individuals spoke in support of the major General Plan amendment for 1850 Bahama Avenue: • Mr. Martin Stansburry, citizen • Mr. Greg Mowry, citizen • Mr. Nathan Madea, citizen • Ms. Rose Villesquez, citizen • Mr. Eddie Katts, citizen • Ms. Danielle Broder, citizen • Mr. Matthew Standsberry, citizen Mr. Larry Ladewig, citizen, addressed the council and asked what the job descriptions and credentials were for the City Manager and City Attorney. Mr. Jerry Durenberger, citizen, addressed the council regarding the maximum height allowance in R-M and requested height variance. There being no further comments, Mayor Sheehy closed the public hearing. Lake Havasu City Page 10 Printed on 9/26/2024 City Council Minutes - Final September 10, 2024 Mayor Sheehy stated that this item is coming before the council with a recommendation of denial from the Commission and would require a majority vote tonight. Mayor Sheehy stated that this property allows for 20-units per acre, or 280-units, and this developer is one of the only developers that he can recall that has come forward to reduce density. He said he feels that the questions regarding their business plan have been answered as well as the concerns related to boat parking and water usage. Mayor Sheehy said what he is hearing from the testimony today is that there can be a hybrid of something but that cannot happen if the major General Plan amendment is not approved. He said if approved it would allow the applicant to go back to the neighborhood possibly through the Commission to figure it out together. Councilmember Campbell recommended that the item be sent back to the Commission. Councilmember Campbell moved to send the item back to the Commission for reconsideration, seconded by Councilmember Lin. Mayor Sheehy stated that he does not support the motion on the floor as he feels that it is just kicking the can down the road as this is the third public hearing on this item. Vice Mayor Moses said he feels that the developer is listening and working with the public. He said they have eliminated two buildings, eliminated a floor, and lowered density. He said the proposed plan has more parking than he has ever seen an apartment complex or resort have in this city. He commended the applicant for working with the community and said he is a huge personal property rights advocate and believes you should be able to do what you want with your property if it is within reason, if the social cost is not so great, and said the reason for the height variance request and why the applicant can only build 18-feet on one side of his property is because the city allowed the neighboring properties who were in multi-family zones to build a single-family residence. He said he believes these people have the same rights to their property; however, he said is also a huge advocate for workforce housing, and this is the largest swath of land available for workforce housing in the city. Vice Mayor Moses stated that this item is concerning an amendment to the land use which he cannot get past and cannot give up high-density housing for a resort. He added that if there was a way for this project to accomplish some housing and other amenities for the children, that would be a win-win and a good thing for the community. Vice Mayor Moses stated that he did not support the motion on the floor if going back to the Commission is not what the applicant wants to do. He said it would be a service to the applicant to do it that way if they want to move forward with something because if the City Council were to deny this item the applicant would have to wait 180-days to resubmit and go through the whole process again. Lake Havasu City Page 11 Printed on 9/26/2024 City Council Minutes - Final September 10, 2024 Mayor Sheehy stated that should the motion fail and then the vote motion for the major General Plan amendment is changed and the City Council deals with it in the zoning case. Vice Mayor Moses said if there is not a plan in place, he is not sure he is okay with saying this and putting that layer over what we are about to do. Mr. Cannon asked for clarification on when this item would be scheduled on an agenda (if passed) as he has been tabled for different projects for three years and is not interested in that. City Attorney Kelly Garry said she does not have the exact meeting date as there are certain notice requirements that would need to be looked into further but said that the city will do it as quickly as possible within the legal requirements that the city is required to abide by. Mr. Cannon said he heard what the City Council has said about affordable housing or employment workforce housing and is open to working with the city so long as it is a faster process than the 180 days as he needs to make decisions as they are a very small company and have a lot of people that want them to build but have limited resources. He said in response to Vice Mayor Moses he would be okay with that if they could make the caveat with the expediency they could give. Councilmember Dolan said it was his understanding that the City Attorney or city spoke with the applicant about going back to the drawing board and back through the city process, to which Ms. Garry replied no. Councilmember Dolan said he likes the developer, project, and idea, but could not support this project being built on high-density residential property. Mayor Sheehy called for a vote on the motion and second on the floor. The motion carried by the following vote: Aye: 4 - Councilmember Campbell, Councilmember Lin, Councilmember Coke and Vice Mayor Moses Nay: 3 - Mayor Sheehy, Councilmember Dolan and Councilmember Lane 7.4 ID 24-4412 Ordinance No. 24-1339 Approving the General Development Plan and Rezone of 1850 Bahama Avenue, Tract 115, Block 4, Lots 11 through 13 and 21 through 23, and Block 5, Lots 1 through 9, 14.08 Acres, from Multiple Family (R-M) District Multiple Family/Planned Development (R-M/PD) to Accommodate a Resort-Style Development with a Combination of Commercial and Residential Uses and to Allow a Maximum of 52-feet Above the Approved Designed Building Pad Height for Each of the Buildings (Chris Gilbert) Lake Havasu City Page 12 Printed on 9/26/2024 City Council Minutes - Final September 10, 2024 Ms. Garry advised that considering the last item and decision that was made by the City Council, it would be staff’s recommendation to follow the same suit with this item. She advised that it would be inappropriate for the City Council to consider this item, with not changing the General Plan, as it would not be compatible to support this request. Mayor Sheehy asked if a vote was necessary for this item, to which Ms. Garry said if it is the council’s decision to follow staff’s recommendation, she would suggest making the same motion to send this item back to the Commission for reconsideration in light of the information that was discussed tonight. Mayor Sheehy opened the public hearing. Mr. Lawson addressed the council and questioned the square footage of the proposed condominium/apartment units. He suggested this project be moved to the Island with a partnership with the Nautical Inn Resort. There being no further comments, Mayor Sheehy closed the public hearing. Vice Mayor Moses moved to table the item and send the item back to the Commission for reconsideration, seconded by Councilmember Campbell, and carried by the following vote: Aye: 4 - Councilmember Campbell, Councilmember Lin, Councilmember Coke and Vice Mayor Moses Nay: 3 - Mayor Sheehy, Councilmember Dolan and Councilmember Lane 7.5 ID 24-4428 Development Agreement for 90 Lots on a Portion of Trinity at Havasu Foothills Estates with MDCAB, LLC, Regarding a Private Sewer Lift Station, Private Force Main, and Private Roadways for the Development (Jeff Thuneman) Development Services Director Jeff Thuneman advised that this item is to consider a development agreement for 90 lots on a portion of Trinity at Havasu Foothills Estates as part of Phase 3 with MDCAB, LLC. He stated that the development agreement outlines the developer’s responsibilities related to the installation and maintenance of a private lift station, private force main, and private roadways. Mr. Thuneman explained that the city entered into a development agreement on August 23, 2023, for the private lift station and force main, since then the developer has decided to make all the roadways that service the 90 lots private requiring the need for the proposed development agreement and added that if this development agreement is approved tonight, the August 23, 2023, development agreement would be terminated. Mr. Thuneman noted that the 90 lots covered in the proposed development agreement are included in the total 697 lots for the entire Havasu Foothills Estates area. Mr. Thuneman said some concerns have been raised regarding the Lake Havasu City Page 13 Printed on 9/26/2024 City Council Minutes - Final September 10, 2024 requirement of a secondary access road and said currently there are no requirements for a secondary access road; however, if one was to be required, it would need to accommodate future developments beyond the 697 lots and would need to be public. He said the developer has explored a potential secondary access point (southwest corner of the property) off Cherry Tree Boulevard that would loop through their property to State land. Mayor Sheehy said he communicated with citizens that live in this area regarding a secondary access road; however, there is no pending application that has come before the council. He noted that the development agreement (Exhibit A) lists the description that includes the 90 lots. Councilmember Campbell asked if the 90 lots are part of the proposed plan, to which Mr. Thuneman replied yes. Councilmember Campbell asked if the proposed development would block potential access roads, to which Mr. Thuneman said no. Councilmember Campbell expressed concerns regarding blocked access for emergency vehicles into the Havasu Foothills Estates. Mayor Sheehy reiterated that there is no application or discussion regarding a secondary access road. Discussion ensued related to public safety access in gated communities. Fire Chief Pete Pilafas explained that there are several gated communities throughout the city and per the fire code all security gates must have an emergency operation mode to allow access into the area. Councilmember Lane asked if the developer plans to have a second access point, to which Mr. Dustin Runyon, APX Real Estate, said as of right now there will only be one access point. He said the reason for private roadways is because they would like this to be a gated community with one entrance in and out. Mayor Sheehy opened the public hearing. The following individuals spoke in opposition to the development agreement: • Mr. Dave Hopkins, citizen • Mr. Roger Wickline, citizen • Ms. Dawn Kirk, citizen There being no further comments, Mayor Sheehy closed the public hearing. Mayor Sheehy asked Ms. Garry if the comments made by Ms. Kirk regarding changing Lake Havasu City Page 14 Printed on 9/26/2024 City Council Minutes - Final September 10, 2024 the language in the development agreement from “within Trinity” to “approved lots” would address only the 90-lots, to which Ms. Garry replied yes. Councilmember Campbell asked if the 90 lots would block any future access into Trinity, to which Mr. Runyon replied no. Councilmember Lane moved to approve the Development Agreement with MDCAB, LLC; terminate the August 23, 2023, Development Agreement with MDCAB, LLC; and approve the Development Agreement Termination Notice, seconded by Vice Mayor Moses, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lin, Councilmember Coke, Councilmember Dolan, Councilmember Lane and Vice Mayor Moses Mayor Sheehy advised that Item 7.8 would be heard next. 7.8 ID 24-4431 Animal Care and Shelter Services Contract with the Western Arizona Humane Society (Chief Stirling) Police Captain Chad Williams advised that the item before the council is the animal care and shelter services contract with the Western Arizona Humane Society (WAHS). He explained that the Lake Havasu City Police Department handles the animal control responsibilities within the city and contracts with WAHS for animal care and shelter services. He noted that the proposed contract before council would commence on October 1, 2024, and terminate on June 30, 2029, with the following payment terms: $225,000 (Year 1: October 1, 2024 through June 30, 2025); $300,000 (Year 2: July 1, 2025 through June 30, 2026); $300,000 (Year 3: July 1, 2026 through June 30, 2027); $300,000 (Year 4: July 1, 2027 through June 30, 2028); and $300,000 (Year 5: July 1, 2028 through June 30, 2029). He added that appropriation in the amount of $225,000 is included in the Fiscal Year 2024-25 operating budget; however, the contract extension covering the prior of July 1, 2024, through September 30, 2024, amounted to an additional $50,000 that is being requested to come from Contingency Funds in the General Fund. Captain Williams added that WAHS would retain all boarding and impound fees charged in accordance with the City’s fee schedule for animals received from the City. Captain Williams introduced Senior Animal Control Officer Chris Lutgen who gave the following presentation on animal control, care, and shelter services: Animal Control • When an Animal Control Officer responds to or locates a stray animal there are a couple of steps taken: o Check for a license or name tag on the animal. o Scan the animal for a microchip. Lake Havasu City Page 15 Printed on 9/26/2024 City Council Minutes - Final September 10, 2024 o Check the lost animal log to see if the animal was reported as lost. • If the animal has any of the above, every effort is made to immediately reunite the animal with its owner. • All of this is done before the animal is taken to the shelter. • In the event that an owner is unable to be located, the animal is transported to the Western Humane Society where it is impounded per our current contract. • Upon arrival, the animal is “booked” into the shelter. Shelter staff then complete an intake of the animal that includes: o Weight o Vaccinations (DAPP/Bordetella, if needed) o Visual exam to ensure that the animal is overall in a healthy state Animal Hold Times • Stray holds o Non-tagged animals o Tagged animals These established holds time allow an animal to be reunited with its owner prior to becoming property of WAHS. • Other types of holds o Bite quarantines o Animal cruelty seizures o Vicious animal seizures The Importance of Animal Shelters • Animal shelters play a vital role in our communities o Work to reunite pets with their owners o Shelter those in need and find new homes for animals that are lost o For those animals that, for our own security, shouldn’t be roaming our streets Why Do We Need a Shelter? • The absence of an animal shelter in a community can put a real strain on municipal resources. That’s how important animal shelters have become. Thousands of animals could be freely roaming city neighborhoods and the impact on public safety and health could be devastating. Luckily many cities have animal shelters that take on this burden for both the safety of animals and the public. • There are several reasons just how vital they have become to the wellbeing of our communities. Since the first animal shelter opened in Philadelphia in 1869, animal shelters have spread throughout the country and have helped save Lake Havasu City Page 16 Printed on 9/26/2024 City Council Minutes - Final September 10, 2024 countless animals over the last 150 years. Councilmember Lin stated that through the nonprofits they have a lot of clients that come in who will refuse services because they have animals and asked if the proposed contract with WAHS could include a care and shelter program for these animals for a limited time while the clients receive the services that they need, to which Officer Lutgen replied that WAHS already has a program established through Faith and Grace to take in those types of animals. Councilmember Lin said she has heard that WAHS has also refused to take some of these animals because they do not have room or after 30-days the animals were adopted. She asked if there was something that could be added to the proposed contract to extend shelter services for these animals to 90-days. Ms. Patty Gillmore, Executive Director of WAHS, addressed the council and said over a year ago they meet with Faith and Grace and agreed to help them. She said WAHS is often overcrowded but they were still willing to work with them and since their agreement with Faith and Grace they have never adopted out one of their animals without the person owning the animal releasing the animal to them. She explained that when they take in an animal through Faith and Grace, WAHS will fully vaccinate and spay/neuter the animal and added that they have kept animals up to 90-days for them. She said they are willing to work with Faith and Grace; however, if they want WAHS to extend to 90-days there would need to be some sort of monetary agreement. Councilmember Lin said United Way is willing to donate bags of food and noted that WAHS currently receives blankets and towels from the Clothes Closet on a weekly basis. She expressed concerns with WAHS bringing animals from out of town into the shelter to sell if the city is paying WAHS for a service and they not taking care of the animals in Lake Havasu City first. Ms. Gillmore clarified that WAHS does not sell animals, they adopt animals and added that many times their animals are free to the public because supporters supply monetary donations to WAHS to have animals sponsored. Ms. Gillmore addressed their volunteer training requirements and also their partnership with animal agencies in Parker, Kingman, and Bullhead City. She said WAHS is willing to help but they are not social services and cannot provide animal sheltering services for a long time. She noted that originally when Faith and Grace asked WAHS for assistance with sheltering animals it was for 30-days and now they are asking for 90-days. She said they will shelter, vaccinate, and spay/neuter these animals for free, but need some help too. Discussion ensued related to the donation of blankets and towels. Mr. Steven Jenkins, Director of Operations of WAHS, addressed the council and said they have never made a pickup at the Clothes Closet for blankets and towels. Mayor Sheehy asked if WAHS is Lake Havasu City Page 17 Printed on 9/26/2024 City Council Minutes - Final September 10, 2024 willing to work with these organizations for donations, to which Mr. Jenkins said WAHS would be glad to take any donations. Councilmember Lane said the City Council is responsible for taxpayer dollars and ensuring that the city is only paying for those services that they are responsible for, which are the animals coming from animal control. He said the City Council received the 4th Quarter Report from WAHS that reports that 99 animals were brought in by the city with 44 returned to their owners. Ms. Gillmore explained that animals are not just brought in by the animal control officers, but also by the public and owners who relinquish their animals. She said this has been a point of contention with the city for a while because it is not just the animal control numbers and added that the city now has four animal control officers due to the increase in animals in Lake Havasu City. Councilmember Lane said WAHS reported that 44 of these animals were returned to their owners and asked if the owners had to pay for any of the services that were provided after animal control brought them in. Ms. Gillmore said yes some pay and explained that they collect the money for impound and boarding and give it back to the city, which is one of the reasons they have changed their process because no other shelter in Arizona returns money for impound and boarding back to the city. Councilmember Lane asked how much money the city has received in impound and boarding, to which Officer Lutgen said in Fiscal Year 2023-24 a total of $13,327 was brought in for impound and boarding. He explained the city’s current impound rate ($29/escalates each offense) and boarding rate ($29 per calendar day) that is collected to offset the boarding costs. Councilmember Lane said WAHS reported that 23 of these animals were adopted and asked about the adoption fees, to which Ms. Gillmore said the fees vary depending on whether they are running a special or if the animal is sponsored. She spoke on the spay/neuter and vaccination costs as well as the costs for animal boarding cases in Lake Havasu City noting that one case in Lake Havasu City resulted in approximately $30,000 in costs that per their contract, they did not receive any money. Ms. Gillmore said it is impossible for WAHS to continue to provide services under the contracted funding level for the last five years. Councilmember Lane said WAHS reported that 30 of the animals were not returned or not adopted and asked if those animals are currently at the shelter, to which Ms. Gillmore said yes, that is the number of animals on the stray side. She said WAHS has a 98-percent live release rate, which is the highest rate in Arizona and one of the highest rates in the nation. Councilmember Lane said he understands that it costs a lot to run their organization, and they need funding from somewhere but said the city should only be funding the animals Lake Havasu City Page 18 Printed on 9/26/2024 City Council Minutes - Final September 10, 2024 that are brought in by animal control. Mr. Jenkins said per their contract they are an open-admissions shelter and are required to take in all animals. He said they believe all numbers should be considered whether it be a public surrender or stray found on the street because they are mandated to take those animals. Councilmember Lane said the taxpayers should not be paying for animals that are relinquished by their owners and suggested the City Council consider additional language in the contract that allows for early termination should the city find an alternate option that is less expensive. Councilmember Campbell asked when the contracted price was last increased, to which Ms. Gillmore said five years ago the contracted price was reduced. Councilmember Campbell spoke on the economy and inflation and said WAHS has a community that is very supportive and charitable to make sure the animals are taken care. She said the city needs a shelter and does not want to see the animal control officers having to transport animals to Kingman and Bullhead. She said she did not see another solution for animal shelter services other than for the city to partner with WAHS. Discussion ensued related to the animals that are brought in from other shelters. Vice Mayor Moses spoke on the importance of WAHS taking care of the animals in Lake Havasu City first. Councilmember Dolan asked how many animals the animal control officers brought in last year, to which Captain Williams said in Fiscal Year 2023-24 animal control brought in 287 animals. Councilmember Dolan said WAHS is requesting $300,000 plus the impound fees and asked how much is collected in impound fees, to which Captain Williams said approximately $15,000 a year. Mayor Sheehy noted that the impound fees are set by the City Council in the fee schedule. Mayor Sheehy asked how many stray animals were brought in last year by the public, to which Officer Lutgen said based on the quarterly reports that WAHS submits to the city, there were 287 impounds by animal control, 211 impounds by public stray, and 491 impounds for owner relinquishments, for a total of 998 impounds in Fiscal Year 2023-24. Councilmember Dolan said in doing the calculation that comes to approximately $1,097 per animal that the city pays for animals that are brought in by animal control officers and approximately $632 per animal if including the animals that the community brings in. Councilmember Dolan questioned how these costs compare to other contracts throughout Arizona expressing concern that the city should not be subsidizing WAHS. Officer Lutgen explained that across the state there is not a lot in close comparison. He said other municipalities, such as Bullhead, have their own shelter and a lot of the agencies in the valley have temporary holding facilities at their department where they hold the animals for three to five days and then transport the animals to Maricopa County where they take the animals in but control all the licensing for those jurisdictions and retain the licensing fees. He said Kingman was the only municipality that was halfway equivalent. He said Kingman has a contract with Mohave County, but the shelter is a Lake Havasu City Page 19 Printed on 9/26/2024 City Council Minutes - Final September 10, 2024 separate entity not a government agency and the city pays the percentage of the animals they bring in as the population each year and that is reassessed each year with Mohave County. Councilmember Dolan said his concern was that the city should not be using tax dollars to offset any nonprofits, but if providing a service than the city needs to be in line with what that service is. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Mayor Sheehy said the city is responsible for animals in Lake Havasu City and animal services falls on the taxpayers otherwise the city would have animals running around the community. He said the council needs to consider the services offered, what the city needs, if the city would be able to do it any cheaper, and if there are any alternatives, which he does not believe there are based on what he heard tonight. Councilmember Dolan expressed his concerns regarding the transparency and that the contract was offered to the city as a take-it-or-leave-it without any discussion on whether it pencils out for the community. He added that if this contract were to double or triple, it may become more fiscally responsible for the city to have its own shelter. Councilmember Campbell moved to approve and authorize the City Manager to execute the Animal Care and Shelter Services Contract with the Western Arizona Humane Society from October 1, 2024, through June 30, 2029, and approve the use of contingency funds for the additional $50,000 for Year 1, seconded by Vice Mayor Moses, and carried by the following vote: Aye: 5 - Mayor Sheehy, Councilmember Campbell, Councilmember Coke, Councilmember Dolan and Vice Mayor Moses Nay: 2 - Councilmember Lin and Councilmember Lane 7.6 ID 24-4429 Discussion and Possible Direction Regarding Resignation of City Board, Commission, and Committee Members to Seek City Public Office (Councilmember Lane) Mayor Sheehy stated that this item was brought forward by Councilmember Lane as a future discussion item. Councilmember Lane read the following message to the City Council: “I wanted to put this on the agenda due to issues that could have risen as a result of this last election. This is no way a reflection of the people that recently ran for City Council that is also sitting on one of our boards. We had two members of our boards run for City Council and both of those individuals followed the procedures that are set forth in the city code. The reason I wanted to put this on the agenda for discussion are due to issues that I saw which could of risen as a result of this last election. One of the candidates sitting on a Lake Havasu City Page 20 Printed on 9/26/2024 City Council Minutes - Final September 10, 2024 board did win a seat on the City Council and will be sworn in at the Regular City Council meeting on November 26, 2024. Any items heard by a board in which the electee voted while a member of that board should recuse themselves if that item comes before the City Council. Our boards are there to advise the council on items within their scope. They should not vote on an item while on the council that they voted for while they were a board member and not fair to the applicant. This goes for all boards that serve at the will of the City Council. As mentioned, a board member won an election to the City Council that happened during the Primary Election. It could of gone the other way and not been filled until the General Election that will be held on November 5, 2024. In that case there would have been many agenda items that where the new councilmember should in all fairness recuse themselves and not cast a vote. In matters where there could be this conflict many elected bodies at the local, state, and federal level require the person running for public office to step down when they become a candidate for another position. Our boards and commissions are great steppingstones for people to learn the ins and outs and how a municipality runs. We encourage those that run for City Council to apply for and sit on the boards to gain this valuable insight. As our city grows, I perceive a large contingent of our citizens applying for these seats to gain that knowledge. During our last round of appointments, we had dozens of our residents apply for our boards. During the interviews it was apparent there were a lot of talented people here in Lake Havasu City and many of them have indicated that one day they would like to run for City Council. We are not hurting for qualified residents to step up and apply for our boards. I believe we could have an issue in the future where conflicts will arise, and I believe it is good practice to have board members step down when running for City Council. I would like our city code to reflect that anyone that becomes a candidate for City Council must resign or be removed from any board or commission under the prevue of the City Council”. Mayor Sheehy said this came before the City Council through the Future Discussions Item thereby allowing for discussion and a consensus from the council on whether to bring this item back at a subsequent meeting for action. Mayor Sheehy said he sees both sides as there is relevant information and a resign to run law in State Statutes, but also sees the value of citizens serving on City Council to gain experience and serve in a capacity where they understand laws, posting requirements, and quorums. He said after hearing Councilmember’s Lane remarks he could support language in the code that follows State Statutes. There was discussion regarding which boards this would impact, to which Mayor Sheehy said from his understanding it would be only for the city established boards and commissions. Councilmember Lin asked what would happen if a board member stepped down and then did not get elected to office, to which Councilmember Lane responded that they could always reapply. Lake Havasu City Page 21 Printed on 9/26/2024 City Council Minutes - Final September 10, 2024 Councilmember Campbell asked if there have been issues in the past with board members running for office, to which Councilmember Lane said a board member may have several months of meetings and items that they would have to recuse themselves from participating or voting on depending on when there are elected to office. Vice Mayor Moses spoke on the importance of keeping the integrity of city boards intact and agreed with having language in the code that requires resignation when the board member pulls a packet and starts collecting signatures. Mayor Sheehy opened the public hearing. Ms. Toy addressed the council and suggested the City Council table the item to allow for more public comment. There being no further comments, Mayor Sheehy closed the public hearing. Councilmember Lin said she did not agree with requiring a board member to resign when they pull a packet as she thought that was a little early and not everyone collects all the signatures but would agree with resigning at the time a candidate is on the ballot. Councilmembers Coke, Campbell, and Dolan agreed with once a candidate is on the ballot. Councilmember Lane was in favor of when a candidate pulls a packet and files the paperwork to start collecting signatures declaring that they are a candidate for City Council. There was consensus from the council to bring this item forward at a subsequent meeting. 7.7 ID 24-4432 Ordinance No. 24-1343 Amending City Code Chapter 9.30, Noise, Related to Construction of Buildings and Projects (Councilmember Campbell) Mayor Sheehy advised that the proposed ordinance was requested by Councilmember Campbell to amend City Code Chapter 9.30, Noise, related to construction of buildings and projects. Councilmember Campbell said Chapter 9.30 of the City Code is related to noise of construction of buildings and projects that states that on Friday’s contractors are only able to work from 7:00 a.m. to 7:00 p.m. unless they request an earlier start time through the city’s permitting process. She expressed concerns regarding the time constraints this puts on contractors and said she would like to discuss removing or changing the code as she Lake Havasu City Page 22 Printed on 9/26/2024 City Council Minutes - Final September 10, 2024 believes this is an outdated ordinance. Mayor Sheehy said the proposed ordinance in the packet is related to noise from construction of buildings and projects and noted that there is a separate noise ordinance that is not part of this item; however, if the Council was going to remove this code in its entirely there would need to be an exemption of where that noise ordinance would be. He explained that an inadvertent error occurred with the launch of the city’s new land management system that took the noise ordinance that detailed a weekend as “Friday and Saturday” because on a noise ordinance a “Friday and Saturday” is the weekend; however, City Code, Chapter 9.30, Section C, currently states that weekends and holidays are excluded, and the weekends are “Saturday, Sunday, and Holidays”. Mayor Sheehy said it is correct in the code as it appears today and was just an error that was put in on the building permit module at the time using the noise ordinance of “Friday and Saturday”. Mayor Sheehy said he has never had anyone in the construction trades bring this to him as an issue and would like to keep the code section as written, so the Police Department and Code Enforcement have a mechanism to enforce. He added that in favor of the developers and contractors that have after-hours work there are code sections that allow them to obtain a permit to do so. Councilmember Dolan asked how the Police Department enforces construction noise, to which Captain Williams spoke on their efforts to gain compliance and educating the community on this ordinance. There was consensus from the council to keep the ordinance as written. Mayor Sheehy opened the public hearing. Ms. Toy addressed the council and suggested the City Council amend the code to allow construction to begin at 4:00 a.m. There being no further comments, Mayor Sheehy closed the public hearing. Councilmember Campbell moved to introduce Ordinance No. 24-1343 amending City Code Chapter 9.30, Noise to change the start time at 4:00 a.m. for contractors. The item failed for lack of a second. 7.9 ID 24-4444 Change Order No. 3 for the City Core Paving Re-bid Project with Pioneer Earth Movers, Inc. (Shawn M. Clarke) Councilmember Campbell recused herself from participating and voting on this item. Civil Engineer Shawn Clarke advised that this item is requesting approval of Change Order Lake Havasu City Page 23 Printed on 9/26/2024 City Council Minutes - Final September 10, 2024 No. 3 to the City Core Paving Re-bid Project with Pioneer Earth Movers, Inc., in the amount of $254,299.50. Mr. Clarke said the proposed improvements to London Bridge deck include mill and fill (1 ½ inch) asphalt pavement, 160 linear feet of new curb and gutter, full depth reconstruction of roadway at the east roadway approach, ADA ramp replacement at east abutment, and west approach mill and fill asphalt surfacing. He displayed pictures of the existing condition of the London Bridge asphalt, curb, and gutters. Mayor Sheehy said the city is looking to bring this project and the City Core Repaving Project together to save time and efficiencies with a completion date in mid-November. Councilmember Lin asked if the crosswalk on the Island side of the bridge was included in this project, to which Mr. Clark replied yes. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Lane moved to approve Change Order No. 3 for the City Core Paving Re-bid Project with Pioneer Earth Movers, Inc., in the amount of $254,299.50, seconded by Councilmember Coke, and carried by the following vote: Aye: 6 - Mayor Sheehy, Councilmember Lin, Councilmember Coke, Councilmember Dolan, Councilmember Lane and Vice Mayor Moses Recused: 1 - Councilmember Campbell 7.10 ID 24-4438 Cooperative Purchase Agreement and Cooperative Purchase of Above Ground Fuel Storage and Dispensing Components with Management System from Blue 1 Energy Equipment (Bill Young) Transportation and Maintenance Superintendent Bill Young advised that this item is requesting approval of a cooperative purchase agreement for an above ground fuel storage and dispensing components with management system from Blue 1 Energy Equipment in the amount of $980,978,56. Mr. Young explained that the fuel storage is equipped with generators allowing for continued fueling for public safety vehicles to operate in an emergency. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Lane moved to approve and authorize the City Manager to execute the Cooperative Purchase Agreement; authorize City staff to exercise options to renew; and approve the cooperative purchase of the above ground fuel storage and dispensing components with management system from Blue 1 Energy Equipment in Lake Havasu City Page 24 Printed on 9/26/2024 City Council Minutes - Final September 10, 2024 an amount of $980,978.56, seconded by Councilmember Dolan, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lin, Councilmember Coke, Councilmember Dolan, Councilmember Lane and Vice Mayor Moses 8. CALL TO THE PUBLIC Mr. Tim Murray, citizen, addressed the council requesting an update on the Downtown Catalyst Project. 9. CURRENT EVENTS Mayor Sheehy announced that a 9/11 Ceremony would be held under the London Bridge on September 11, 2024, at 8:15 a.m. 10. FUTURE MEETINGS Tuesday, September 24, 2024 @ 5:30 p.m. – Regular Meeting Tuesday, October 8, 2024 @ 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 Moses and seconded, the meeting adjourned at 10:32 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 10th day of September, 2024. 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 25 Printed on 9/26/2024