MINUTES OF THE REGULAR MEETING OF THE SHOW LOW CITY COUNCIL HELD ON TUESDAY, FEBRUARY 5, 2019 AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS, 181 NORTH 9TH STREET, SHOW LOW, NAVAJO COUNTY, ARIZONA
1. Play >> Call to Order.
Mayor Seymore called the meeting to order at 7:00 p.m.
2. Play >> Roll Call.
COUNCIL MEMBERS PRESENT: Mayor Seymore, Vice Mayor Allsop, Councilman Crittenden, Councilman Hatch, Councilwoman Kakavas, and Councilman Kelley.
COUNCIL MEMBERS ABSENT: Councilman Leech.
STAFF MEMBERS PRESENT: Ed Muder, City Manager; F. Morgan Brown, City Attorney; Justin Johnson, Administrative Services Director; Justen Tregaskes, Planning and Zoning Director; Bill Kopp, Public Works Director; Joe Shelley, Police Chief; Shane Hemesath, City Engineer; Tamra Reidhead, Deputy City Clerk; and Ann Kurasaki, City Clerk.
GUESTS: Tom Kakavas, Linda Haynes, Steve Chlupsa, Lloyd Wilmes, and others.
3. Play >>Invocation.
Vice Mayor Allsop gave the invocation.
4. Play >>Pledge of Allegiance.
Councilwoman Kakavas led the Council and audience in the pledge of allegiance.
5. Play >>CALL TO THE PUBLIC:
Any citizen desiring to speak on a matter that is within the jurisdiction of the City Council may do so at this time. Comments may be limited to three minutes per person and shall be addressed to the City Council as a whole, and not to any individual member. Issues raised shall be limited to those within the jurisdiction of the City Council. Pursuant to the Arizona Open Meeting Law, the City Council cannot discuss or act on items presented at this time. At the conclusion of the call to the public, individual City Council members may (1) respond to criticism made by those who have spoken, (2) ask staff to review a matter, and (3) ask that a matter be put on a future agenda.
Play >>Mayor Seymore moved Item 8-C (development agreement with NE AZ SL) to this point in the meeting.
C. Consideration of Development Agreement with NE AZ SL Investment Company, LLC (Culver’s). (Ed Muder/Morgan Brown)
Mr. Muder said Steve Chlupsa of NE AZ SL Investment Company, LLC was proposing to develop Navajo County Assessor’s Parcel No. 212-03-117B as a Culver’s Restaurant and other commercial retail space. He applied for a conditional use permit (CUP) with the Planning and Zoning Commission as required for a drive-through restaurant in the C-2 commercial zone. The Commission granted the CUP on July 24, 2018. One of the conditions Mr. Chlupsa agreed to do was construct a right-turn lane off Evergreen Lane onto SR260 (White Mountain Road) if required by the Arizona Department of Transportation (ADOT) or the City.
Mr. Muder said after meeting with Mr. Chlupsa, City staff, and ADOT representatives, the group determined that a right-turn lane on Evergreen Lane and a deceleration lane off SR260 onto Evergreen Lane were necessary to safeguard the traveling public. These additions would allow safer access to SR260 for Culver’s patrons and to the residences and businesses located off of Evergreen Lane, a City street. City staff also agreed to present a development agreement to the Council to propose that the City construct the deceleration lane off SR260 onto Evergreen Lane since it would be a benefit to the businesses and residences in the area, if Mr. Chlupsa would install a right-turn lane on Evergreen Lane onto SR260 as he agreed and required by the CUP. Constructing the deceleration lane (at an estimated cost of $55,000) would not begin until Mr. Chlupsa has commenced constructing his project.
Mr. Muder said staff recommended approving the development agreement with NE AZ SL Investment Company, LLC for constructing a right-turn lane on Evergreen Lane and a deceleration and right-turn lane on SR260 (White Mountain Road) onto Evergreen Lane.
Mayor Seymore asked Mr. Chlupsa to share his intentions for the project. Mr. Chlupsa said his plan was to put in a new Culver’s, a fast-service restaurant with a higher grade of products and items made to order. Many Show Low and Pinetop residents frequented the Culver’s in Payson. The restaurant also served custard, a premium ice cream. The Show Low location would be his second restaurant, and he hoped it would be well received.
Councilwoman Kakavas asked about the timeline for the project. Mr. Chlupsa said he was procuring financing and would know by the end of the month when construction could begin, but he was hoping for some time in March.
Councilman Crittenden asked for the projected completion date. Mr. Chlupsa said depending on when construction began, it would take about five months to complete, so he hoped for a mid- to late-summer opening.
Play >>VICE MAYOR ALLSOP MOVED TO APPROVE THE DEVELOPMENT AGREEMENT WITH NE AZ SL INVESTMENT COMPANY, LLC; SECONDED BY COUNCILWOMAN KAKAVAS; PASSED 6 TO 0 WITH MAYOR SEYMORE, VICE MAYOR ALLSOP, AND COUNCIL MEMBERS CRITTENDEN, HATCH, KAKAVAS, AND KELLEY VOTING IN FAVOR.
6. Play >>SPECIAL EVENTS:
A. Presentation of Midyear Financial Report for Fiscal Year Ending June 30, 2019. (Justin Johnson)
Mr. Johnson said the benchmark for both revenues and expenditures from July 1 through December 31 was 50%. He would review General Fund revenues and expenses, sales tax revenues, key revenues and expenses compared to the budget, and then review debt service.
Mr. Johnson said General Fund revenues were at 53.7% of the budget. He noted that the police (non-grant) revenue, such as revenue collected for dispatching services, was actually closer to $200,000 instead of the $62,000 reported at the close of December.
Mr. Johnson said sales tax collections and franchise taxes were at 63.6%, well ahead of the budgeted amount. State-shared revenues were in line with the budget but the state was a couple payments behind in its distributions.
Mr. Johnson said General Fund expenditures were at 42.2%. The percentage would increase in the spring when projects were being completed. The police department’s expense line item appeared high because an extra $3 million was budgeted for the Public Safety Personnel Retirement System, which was included in the $5.9 million year-to-date actual.
Mr. Johnson said looking at the first six months of the fiscal year, sales tax collections exceeded last year’s actuals in every month.
Mr. Johnson said Highway User Revenue Funds were at 34.9%. At the end of January the funds were at $12.8 million, which was significantly higher than the 50% mark.
Mr. Johnson said fines and forfeitures, which included all fines and fees collected by the court, were at 53.6% of the budget.
Mr. Johnson said airport revenues, consisting of leases and fees, were at 27.9%, while fuel, oil, and resale were at 47.1%. The bulk of that revenue had to do with federal reimbursements from the Federal Aviation Administration for the runway rehabilitation project.
Mr. Johnson said utility fund revenues comprised water, wastewater, and sanitation. Water was at 52.7% of budgeted revenues, wastewater was at 49.6%, and sanitation was at 44.1%. Sanitation revenues would increase when late payments were received.
Mr. Johnson said utility fund expenses for water and wastewater were at 28% and 27%, respectively, but would increase as the year progressed. The City planned to budget for some sanitation projects in next year’s budget, so this expense line item was expected to finish below projections.
Mr. Johnson said the City’s debt service history showed that the amount paid toward principal would increase and interest would decrease over time. The City was progressing through the payment process for most debt service and was on track pay them off as scheduled. Staff would review debt service when the budget process was nearing to see what could be eliminated prior to the normal schedule with prepayments.
7. Play >>CONSENT CALENDAR:
A. Consideration of Minutes of Show Low City Council meetings:
(1) Study Session of January 15, 2019.
(2) Regular Meeting of January 15, 2019.
(3) Joint Meeting Minutes of January 29, 2019.
COUNCILMAN CRITTENDEN MOVED TO APPROVE THE CONSENT CALENDAR AS PRESENTED; SECONDED BY COUNCILWOMAN KAKAVAS; PASSED 6 TO 0 WITH MAYOR SEYMORE, VICE MAYOR ALLSOP, AND COUNCIL MEMBERS CRITTENDEN, HATCH, KAKAVAS, AND KELLEY VOTING IN FAVOR.
8. NEW BUSINESS:
A. Play >>Consideration of Award of Construction Contract for South White Mountain Road Sewer – Fawn Brook to Park Pineway Plaza, City of Show Low Project No. S-0719, and Approval of Associated Budget Transfers. (Shane Hemesath)
Mr. Hemesath said the City’s fiscal year 2019 Capital Improvements Program budget included $220,000 for a sewer line extension project labeled “S. White Mtn Road – Fawn Brook Connection.” This project consisted of extending a 12-inch sewer main along the west side of South White Mountain Road from Fawn Brook Drive south to Park Pineway Plaza. This final phase of improvements would create two independent 12-inch sewer mains on each side of South White Mountain Road to serve the southern portion of the City. The scope of work included installing approximately 1,400 linear feet of new 12-inch PVC sewer line, seven polymer manholes along the highway, and removing and replacing asphalt or concrete to complete the project.
Mr. Hemesath said the project was designed by City engineering staff with a construction estimate of $227,000. Arizona Department of Environmental Quality approvals to construct were obtained. The project was publicly bid in accordance with statutory requirements with the following results:
Contractor Total Bid
Navapache Equipment Services LLC $214,760
Apache Underground & Excavating $227,835
Central AZ Civil Construction Co. $229,375
Western Grade LLC $242,789
Scholz Construction $276,515
Rawlings Specialty Contracting $307,975
Mr. Hemesath said staff recommended awarding the construction contract for the South White Mountain Road Sewer – Fawn Brook to Park Pineway Plaza, City of Show Low Project No. S-0719, to Navapache Equipment Services LLC in an amount not to exceed $214,760 and approving the associated budget transfers.
Councilman Crittenden asked if Navapache Equipment had done work for the City previously. Mr. Hemesath said yes, the last project was a sewer line around C-A-L Ranch.
VICE MAYOR ALLSOP MOVED TO AWARD THE CONSTRUCTION CONTRACT FOR THE SOUTH WHITE MOUNTAIN ROAD SEWER – FAWN BROOK TO PARK PINEWAY PLAZA, CITY OF SHOW LOW PROJECT NO. S-0719, TO NAVAPACHE EQUIPMENT SERVICES LLC IN AN AMOUNT NOT TO EXCEED $214,760 AND APPROVE THE ASSOCIATED BUDGET TRANSFERS; SECONDED BY COUNCILMAN HATCH; PASSED 6 TO 0 WITH MAYOR SEYMORE, VICE MAYOR ALLSOP, AND COUNCIL MEMBERS CRITTENDEN, HATCH, KAKAVAS, AND KELLEY VOTING IN FAVOR.
B. Play >>Consideration of Ordinance No. 2019-02 Revising Chapters 11 (Sewers), 12 (Land Division), and 14 (Water) of the Show Low City Code and Adopting Resolution No. R2019-02 Declaring as a Public Record that Document Titled “Revisions to Chapters 11 (Sewers), 12 (Land Division), and 14 (Water) of the Show Low City Code.” (Bill Kopp/Justen Tregaskes)
Mr. Kopp said at the October 30, 2018, City Council retreat, staff presented information and discussed amending City Code Chapters 11 (Sewers), 12 (Land Division), and 14 (Water) to clarify, update, or eliminate conflicting definitions and requirements. A study session was held on November 20 to further discuss specific changes proposed during the Council retreat.
Mr. Kopp said at the study session, concerns were expressed regarding requiring a property owner to connect to sewer and extend the sewer across property frontage when sewer service was available. “Availability” was defined as a parcel that lay within 200 feet of a public sewer. This requirement had been a long-standing City policy, but it was never codified. Staff was directed to research sewer connection requirements for other Arizona communities and discovered that the connection requirement was, in some cases, more stringent than the 200-foot standard proposed by staff. Additionally, there were concerns regarding the proposed requirement to extend the public sewer across the entire parcel frontage. After further consideration and discussion, staff recommended that the length of the extension be limited to 30 feet into the lot frontage. This matched the “minimum lot frontage” as prescribed in City Code Chapter 15, which was 30 feet for most residential zoning districts.
Mr. Kopp said also at the study session, staff proposed amending Section 12-2-6, Minor land divisions and lot line adjustments, to allow staff to review proposed lot line adjustments. Based on the review, property owners could be informed of potential conflicts with City Code prior to recording the split with the County Recorder.
Mr. Kopp said Ordinance No. 2019-02 would adopt the revisions by reference. Resolution No. R2019-02 presented the specific revisions, with deletions shown as strike-throughs and additions bolded and underlined.
Mr. Kopp reviewed the changes outlined in the ordinance. The proposed revisions would clarify, update, or eliminate conflicting definitions and requirements. Two important provisions that would affect sewer and water connections would require the property owner to extend the public sewer and/or water main across the parcel’s frontage for a distance of 30 feet and convey any required easements to the City.
Councilman Kelley asked if any fees would be associated with the proposed revisions. Mr. Kopp said no fees were being proposed.
Councilman Kelley asked if the purpose behind conveying any required easements to the City was for future main line extensions. Mr. Kopp said yes, that was stated clearly in the ordinance.
COUNCILMAN CRITTENDEN MOVED TO ADOPT RESOLUTION NO. R2019-02 DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND TITLED “REVISIONS TO CHAPTERS 11 (SEWERS), 12 (LAND DIVISION), AND 14 (WATER) OF THE SHOW LOW CITY CODE”; SECONDED BY COUNCILMAN KELLEY; PASSED 6 TO 0 WITH MAYOR SEYMORE, VICE MAYOR ALLSOP, AND COUNCIL MEMBERS CRITTENDEN, HATCH, KAKAVAS, AND KELLEY VOTING IN FAVOR.
By unanimous consent, Ms. Kurasaki read Ordinance No. 2019-02 by title only.
“AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF SHOW LOW, ARIZONA, AMENDING CHAPTERS 11 (SEWERS), 12 (LAND DIVISION), AND 14 (WATER) OF THE SHOW LOW CITY CODE AND ADOPTING THAT DOCUMENT TITLED ‘REVISIONS TO CHAPTERS 11 (SEWERS), 12 (LAND DIVISION), AND 14 (WATER) OF THE SHOW LOW CITY CODE’ BY REFERENCE”
COUNCILWOMAN KAKAVAS MOVED TO ADOPT ORDINANCE NO. 2019-02; SECONDED BY COUNCILMAN HATCH; PASSED 6 TO 0 WITH MAYOR SEYMORE, VICE MAYOR ALLSOP, AND COUNCIL MEMBERS CRITTENDEN, HATCH, KAKAVAS, AND KELLEY VOTING IN FAVOR.
9. Play >>SUMMARY OF CURRENT EVENTS:
A. Council Members
Councilman Crittenden said the Chamber’s monthly breakfast was tomorrow morning at Solterra where business owners could listen to presentations and promote their own businesses.
Mayor Seymore extended condolences to the family of Ione “Babe” Whipple, who passed away last week and whose husband Winkie and son Gerry both served as Mayors and Council members for the City. Public visitation would on Friday at Owens Livingston Mortuary in Show Low. Funeral services will be held Saturday at the downtown chapel of The Church of Jesus Christ of Latter-day Saints, with additional visitation prior to the service. The concluding service and interment would immediately follow at the city cemetery.
C. City Manager
Mr. Muder said the Council was invited to attend a public meeting to review and comment on potential transportation improvement projects for the regional transportation study on February 7 in the Deuce of Clubs Room at city hall. This was the updated study for southern Navajo and Apache counties being conducted by a consultant for the Arizona Department of Transportation. The study encompassed Show Low, Snowflake, Taylor, Pinetop-Lakeside, and the unincorporated areas of southern Navajo and Apache counties, including Concho and Vernon.
Mr. Muder said the library was hosting a Harry Potter Book Night at the library this Friday for youth ages 8 to 18. The event would include a variety of fun wizarding games.
Mr. Muder said the Healthy Living section of the library would open officially on February 11. Citizens were welcome to drop in and check out this new section and enjoy the healthy snacks that would be served.
Mr. Muder said the City was advertising for vacancies on the Planning and Zoning Commission, Board of Adjustment, Aviation Advisory Committee, and the Parks and Recreation Advisory Committee. Some of the sitting members might reapply, but the City advertised the vacancies in case there was interest from the public. Interviews would be conducted sometime in March.
10. Play >>SCHEDULING OF MEETINGS:
Scheduling of meetings, which may be brought up at this time.
13. Play >>ADJOURNMENT.
There being no further business to be brought before the Council, MAYOR SEYMORE ADJOURNED THE REGULAR MEETING OF THE SHOW LOW CITY COUNCIL OF FEBRUARY 5, 2019 AT 7:41 P.M.
Ann Kurasaki, City Clerk Daryl Seymore, Mayor
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the REGULAR MEETING of the City Council of Show Low held on February 5, 2019. I further certify that the meeting was duly called and held and that a quorum was present.
Dated this______day of __________________, 20___.
Ann Kurasaki, City Clerk