Lake Havasu City Council Regular Meeting Police Facility, 2360 McCulloch Boulevard North Tuesday, December 13, 2011, 6:00 P.M.

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1 Lake Havasu City Council Regular Meeting Police Facility, 2360 McCulloch Boulevard North, 6:00 P.M. CALL TO ORDER Mayor Mark Nexsen called the meeting to order at 6:00 p.m. INVOCATION: PASTOR KAY ZIMMERMAN, LIGHT OF THE LAKE CHURCH Pastor Kay Zimmerman of Light of the Lake Church gave the invocation. PLEDGE OF ALLEGIANCE The mayor led in the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Mark Nexsen, Dean Barlow, Lee Barnes, Sonny Borrelli, Don Callahan, David McAtlin, and Margaret Nyberg. SELECTION OF VICE MAYOR Mayor Nexsen asked for nominations for Vice Mayor. Councilmember Barnes nominated Councilmember Dean Barlow for Vice Mayor. Councilmember Nyberg nominated Councilmember David McAtlin for Vice Mayor. There being no further nominations, he asked the council to cast their vote for Vice Mayor on a blank sheet of paper and pass it to City Clerk Assistant Kelly Williams. Ms. Williams advised that there were four votes cast for Councilmember McAtlin and three votes cast for Councilmember Barlow. Mayor Nexsen then congratulated Councilmember McAtlin for being selected Vice Mayor for the next year. CALL TO THE PUBLIC Ms. Lisa Krueger of the Lake Havasu Area Chamber of Commerce advised that this year s Havasu Leadership Class was preparing for their mock city council meeting that is scheduled to take place in January She said some of the participants were in attendance tonight to observe the city council meeting. 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. a. Approval of November 22, 2011, Regular Meeting and November 22, 2011, and November 29, 2011, Work Session Minutes. b. Approval of Final Condominium Subdivision Plat and Horizontal Property 1555 Dover Avenue ( )/Koenig Recommendation Approve final condominium subdivision plat and horizontal property regime for a 53-unit commercial storage development on Lots 4 & 5, Block 4, Tract The proposed development complies with the LHC Development Code. c. Special Event Liquor License: Fundraiser for London Bridge Rotary Foundation, Inc., During the Havasu Island Balloon Festival and Fair, The Island Golf Club at the Nautical, 1000 McCulloch Boulevard/McClory Recommendation Recommend approval of Robert M. McClory s application for five beer gardens on January 19, 20, & 21, 2012, from 6 a.m. to 11:30 p.m., and January 22, 2012, from 10 a.m. to 6 p.m. Fees have been received, and no objections have been submitted. d. Special Event Liquor License: Fundraiser for the Friends of the Fair During the Little Delbert Days Rodeo, SARA Park, 7260 Dub Campbell Parkway/Nagel Recommendation Recommend approval of Sandra Dawn Nagel s application for a beer garden on January 28, 2012, from 9 a.m. to 5 p.m. and on January 29, 2012, from 12 p.m. to 5 p.m., and ratify city manager s designation to allow the sale of alcoholic beverages in SARA Park. Fees have been received, and no objections have been submitted. e. Special Event Liquor License: Fundraiser for the Friends of the Fair, SARA Park, 7260 Dub Campbell Parkway/Nagel Recommendation Recommend approval of Sandra Dawn Nagel s application for a beer garden on February 17, 2012, from 5 p.m. to 11 p.m. and on February 18, 2012, from 3 p.m. to 11p.m., and ratify city manager s designation to allow the sale of alcoholic beverages in SARA Park. Fees have been received, and no objections have been submitted. f. Call for Executive Session Pursuant to ARS (A)(1)(3)(4)(7) 5:00 p.m. Tuesday, January 10, Councilmember Barnes moved that the city council approve the Consent Agenda as presented, seconded, and unanimously carried.

2 Lake Havasu City Council Regular Meeting Page 2 of 6 CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT City Manager Charlie Cassens reported on the following: Transit ridership during the Parks and Recreation Christmas Cookie Exchange Program on Sunday, December 4, 2011 Status of the city s tax revenues Status of Lake Mead elevation levels in 2011 Status of the online job application process and kiosk system implemented by the Human Resources Division and Information Systems Recognized Fire Station 6 and the ARFF truck for assisting Creative Tents with a photo shoot at the Lake Havasu City Airport City will be utilizing renewable energy credits issued from UniSource on a solar energy project Lake Havasu City Police Department Government Transformers Campaign on Google Apps online PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION, IF NEEDED, TO COMPLY WITH THE ARIZONA OPEN MEETING LAW REQUIREMENTS FOLLOWING EXECUTIVE SESSION AS NOTICED RE: EVALUATION OF JOB PERFORMANCE OF THE INTERIM CITY ATTORNEY. POSSIBLE ACTION INCLUDES, BUT IS NOT LIMITED TO, EMPLOYMENT STATUS, A FINDING OF SATISFACTORY OR UNSATISFACTORY JOB PERFORMANCE, AND ANY DIRECTION OR ACTION AS NECESSARY TO PLACE AN ITEM ON A FUTURE AGENDA IN RELATION TO THE INTERIM CITY ATTORNEY S EMPLOYMENT CONTRACT. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Callahan moved to appoint Ms. Kelly Garry as City Attorney pending successful negotiation and execution of employment contract, seconded, and unanimously carried. PUBLIC HEARING: SERIES #07 (BEER AND WINE BAR) LIQUOR LICENSE: PLUR HOOKAH LOUNGE, 44 MULBERRY AVENUE/BOUCHARD City Clerk Assistant Kelly Williams advised that Craig Allen Bouchard has applied for a Series #07 liquor license for PLUR Hookah Lounge located at 44 Mulberry Avenue. She added that all posting requirements have been met, all fees have been paid, and no objections were received. Also, the location is properly zoned for a liquor license. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember McAtlin moved to recommend that the Arizona Department of Liquor Licenses & Control approve a Series #07 liquor license for PLUR Hookah Lounge, 44 Mulberry Avenue, seconded, and unanimously carried. PUBLIC HEARING: (REQUEST FOR ZONE CHANGE FROM C-R (COMMERCIAL-RESIDENTIAL) TO C-1 (LIMITED COMMERCIAL) AT 265 LAKE HAVASU AVE. S. ( )/O REILLY AUTOMOTIVE STORES Senior Planner Stuart Schmeling advised that the property located at 265 Lake Havasu Avenue is adjacent to the Quality Inn property. He provided a zoning map for further clarification, and noted that the majority of the block is C-1 (Limited Commercial), with exception to the Quality Inn being C-R (Commercial-Residential). Mr. Schmeling further advised that the property is immediately adjacent to the paved parking lot of the Quality Inn. Mayor Nexsen opened the public hearing. There being no comments, he closed the public hearing. Councilmember Barnes moved to adopt ORDINANCE NO approving land use action with Planning Commission recommendations, seconded, and unanimously carried. PUBLIC HEARING: REQUEST FOR TIME EXTENSION FOR PLANNED DEVELOPMENT KNOWN AS MILLENNIUM 1440 MCCULLOCH BOULEVARD NORTH ( )/CLARK ARCHITECT Mr. Schmeling advised that the Millennium Plaza project has requested a time extension for the planned development (PD). He further advised that the project parcel is approximately 4 acres and is located adjacent to the London Bridge Resort and London Bridge. Mr. Schmeling explained that the planned development zone change was approved in September 2008 with the design review approved in January He further

3 Lake Havasu City Council Regular Meeting Page 3 of 6 explained that Section (L)(1)(b) of the Development Code requires review of a PD within three years. Mr. Schmeling discussed the original approvals of the Planned Development for the Millennium Plaza project, which included: 88 residential units, 49,004 square feet of commercial/retail, specific elevation levels, 336 total allocated Channel Riverwalk District residential units, and a 40-foot pedestrian access easement that would be dedicated to the City. Mr. Schmeling explained that council has two options regarding the time extension request: (1) grant an extension of time as requested or longer/shorter, which would allow all current approvals to continue as originally approved for the newly approved timeframe; or (2) deny an extension of time and repeal the existing zone change ordinance, which would remove all current approvals from the property and revert the property to the C-1 (Limited-Commercial) zoning district. Mayor Nexsen opened the public hearing. Mr. Steven Chichinsky, owner of Adventure Center Boat Rental, asked that council deny the Millennium Plaza project a time extension until all legal issues surrounding his business and the London Bridge Resort are resolved. Mayor Nexsen closed the public hearing. Mayor Nexsen asked if the time extension would extend the project until December 2014, to which Mr. Schmeling answered that was correct. Mayor Nexsen then asked Mr. Schmeling if there were any properties coming off of the Arizona Trust Lands lease prior to December 2014, to which Mr. Schmeling answered yes, the London Bridge Golf Course would be due around the same time. Mayor Nexsen explained that with only nine residential units available in the Riverwalk Channel District, if there were properties that were ready for a mixed-use development immediately, he would be hesitant to approve an extension. However, Mayor Nexsen did not think there were any properties available at this time that would be ready for a mixed-use development before December 2014, to which Mr. Schmeling agreed with Mayor Nexsen s assessment. Councilmember Barnes asked what the main reason was for the project delay, to which Mr. Schmeling replied that he could not answer that for the applicant. Councilmember Barnes thought that adding a three-year time extension was a long time. He suggested granting two years or possibly only one year and reviewing on a yearly basis. Mr. Cal Sheehy of the London Bridge Resort addressed council and explained that the London Bridge Resort remains committed to the project. He further explained that with the downfall of the economy in 2008, the London Bridge Resort has struggled with the financing of the project. Mr. Sheehy explained that the threeyear extension will allow the London Bridge Resort to move forward with getting the project off the ground. Councilmember Barnes felt that council should not approve the extension until the 40-foot easement is dedicated to the city. Mayor Nexsen asked if there was a reason that the dedication has not occurred, to which Mr. Schmeling replied there was not a reason to the best of his knowledge. Mr. Sheehy explained that it was his understanding the 40-foot easement dedication would happen when the London Bridge Resort goes through the development review process, which is also a condition of the

4 Lake Havasu City Council Regular Meeting Page 4 of 6 approval. He added that there is already a safeguard built in to the ordinance that was previously passed in 2008 to ensure the dedication would happen. Councilmember Barnes stated that he would like to see the 40-foot easement dedication included in the extension. Mr. Sheehy stated there is not 40-feet of easement, from the seawall to the building, that can be dedicated to the city at this time. Mayor Nexsen asked why there is not 40-feet of easement at this time, to which Mr. Sheehy replied that the existing building currently sits on a portion of the 40-foot easement. Councilmember Barlow asked Mr. Sheehy if a three-year extension would allow more time for financing, to which Mr. Sheehy answered yes. Councilmember Barlow thought that council needed to revisit the cap on the number of condominiums that will be available in Mayor Nexsen agreed and explained the background when forming the Riverwalk Channel District. Councilmember Callahan asked what the London Bridge Resort plans are for selling the condominiums once the project begins, to which Mr. Sheehy replied that the London Bridge Resort has been focusing on the extension, and will begin focusing on the package financing once the project begins. Councilmember Barnes asked if the London Bridge Resort has worked on financing in the past three years, to which Mr. Sheehy answered that due to the downfall of the economy they have not worked on financing. Councilmember Barnes thought that the larger businesses were pushing out the smaller businesses that have been established for many years. City Attorney Kelly Garry interjected and advised that the discussion was going off the scope of the item. Councilmember Barnes asked Ms. Garry if council would be able to accept the 40-foot easement now with the building currently sitting on the easement, to which Ms. Garry replied that she would advise council to not do so at this time. She further advised council to wait and follow the normal process. Councilmember Callahan moved to adopt ORDINANCE NO granting an extension of time for three years for land use action , seconded, with all councilmembers voting aye with the exception of Councilmember Barnes who voted nay. PUBLIC HEARING: INTRODUCE ORDINANCE NO AMENDING TITLE 5 OF THE LHC CODE RE: BUSINESS LICENSES AND REGULATIONS Finance Director Valerie Fenske advised that this item is to introduce Ordinance No amending the City Code Title 5, specifically Chapters 5.04 (Business License) and 5.08 (Peddlers, Solicitors and Transient Merchants). Ms. Fenske further advised that the intent of the proposed revisions are to clarify and simplify the City Code as it relates to the licensing of businesses in the City, including adding time line requirements enacted during the state legislative session. Ms. Fenske explained that the proposed revisions introduce a new payment structure for business license fees allowing renewal on a calendar basis, on January 1 st, rather than on an anniversary basis. In addition, language has been added to clarify penalties for operating a business without a valid business license, including nonrenewal of a previously issued license. She explained that basic housekeeping measures were also performed, including removing language regarding what is requested on the license applications, conforming of language between the chapters, clarifying business versus calendar days, and eliminating obsolete sections.

5 Lake Havasu City Council Regular Meeting Page 5 of 6 City Manager Charlie Cassens added that if a business misses the renewal date they will have to apply for a new business license. He explained that businesses that do not renew their license are subject to being cited for operating without a business license. Mayor Nexsen liked the idea of removing the penalty fees. Ms. Fenske added that other Arizona cities were surveyed and in most cities when a license is not renewed it is cancelled. Councilmember McAtlin asked if the city will provide public education regarding the business license changes during the transition period, to which Ms. Fenske replied yes, through mailings and the newspaper. Councilmember Callahan asked if the Finance Department is staffed adequately to handle a mass renewal period each year, to which Ms. Fenske replied yes. Councilmember Callahan then asked if the city will be implementing the program a year from today, to which Ms. Fenske replied that the city will implement the program once the ordinance is adopted. She further explained that business license renewals that are sent throughout year 2012 would be prorated for a partial year. Councilmember Callahan asked if the city would see a cost savings from the program, to which Ms. Fenske answered that there would not be a cost savings, but the city expects to have a better handle on the number of businesses that do not renew. Mr. Cassens added that it is the city s intent to deploy technology to allow businesses to renew online as well. Mayor Nexsen opened the public hearing. Mr. Cal Sheehy addressed council and asked if there was significance to the renewal period being on January 1 st each year, to which Ms. Fenske replied that there was not a particular significance to the January 1 st date. Mr. Sheehy asked if the program would have a grace period, to which Ms. Fenske explained that business are welcome to pay prior to January 1 st. She explained that the City Code states that renewals are due on the first business day of the year. Mayor Nexsen closed the public hearing. Councilmember Barnes thought that a January 1 st renewal date would be a difficult expense for most businesses. He thought that possibly changing the renewal date to mirror the city s fiscal year calendar would be a better option. Ms. Lisa Krueger agreed that the January 1 st renewal date may be difficult for some businesses; however, she thought that with over one thousand businesses in town it would be difficult to choose a month that would work for everyone. She also advised council that the Chamber of Commerce would gladly help spread the word regarding business license changes to the businesses in Lake Havasu City. Councilmember Borrelli questioned sections 5.04 and 5.08, to which Ms. Fenske explained that section 5.04 explains the specific business license that a particular entity needs to obtain, and section 5.08 explains the Peddlers, Solicitors, and Transient Merchant licenses. Mayor Nexsen wanted the ordinance to clarify whether the business renewal license was due on the first business day in January or on January 1 st. He further noted that the ordinance should read that all licenses would expire on December 31 st at midnight. Councilmember Callahan suggested that the renewal notice be sent out as early as the first week of November each year to give businesses a 60-day notice period.

6 Lake Havasu City Council Regular Meeting Page 6 of 6 Councilmember Nyberg moved to introduce ORDINANCE NO amending Title 5 of the Lake Havasu City Code regarding Business Licenses and Regulations, with suggested changes, seconded, and unanimously approved. CALL TO THE PUBLIC There were no requests to address council. CURRENT EVENTS Councilmember Callahan advised that Destination Marketing Association International has confirmed that the Lake Havasu City Convention and Visitors Bureau (CVB) has been accredited. The Lake Havasu City Convention and Visitors Bureau is one out of one-hundred thirty-five in the world, and the third in the state of Arizona. He felt it was a great accomplishment. Councilmember Callahan further advised that a hiking page has been added to the CVB website. Councilmember Borrelli advised that the Marine Corps League Auxiliary will be holding a Blood Drive on Saturday, December 17, FUTURE MEETINGS: Tuesday, December 27, 6:00 p.m. Regular Meeting *** CANCELLED*** Tuesday, January 10, 6:00 p.m. Regular Meeting FUTURE AGENDA ITEMS There were no requests for future agenda items. ADJOURN Upon motion by Councilmember Callahan and seconded, the meeting adjourned at 7:02 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 13 th day of December, I further certify that the meeting was duly called and posted, and that a quorum was present. Kelly Williams, City Clerk Assistant