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HomeMy Public PortalAboutCouncil Minutes 1991 03/28McCALL CITY COUNCIL MINUTES MARCH 28, 1991 I. CALL TO ORDER AND ROLL CALL Mayor Allen called the meeting to order at 7:05 p.m. Councilmen McCarty, VanKomen,and Wallace answered the roll call. Mr. Larson was absent. The Mayor declared a quorum present. II. MINUTES The minutes of March 14 were considered. Wallace moved to approve the minutes of March 14. McCarty seconded and the motion carried. III.PAYMENT OF CLAIMS A list of prepaid and pending claims dated March 25, 1991 was presented. VanKomen moved to pay the claims as presented. Wallace seconded and the motion carried. IV. CONSENT CALENDAR No items were listed on the consent calendar. V. MAYOR AND COUNCIL COMMENTS AND REPORTS Mayor Allen noted his receipt of the appeal to the US Forest Service of the VALBOIS Special Use Permit by Citizens for Valley County. Mayor Allen noted his evaluation of the City Administrator and invited the Council to comment on performance in closed session. He also reported on the progress toward replacing the Council as the Urban Redevelopment Board. After discussion, VanKomen moved to create a 5 member Redevelopment Board. McCarty seconded and the motion carried. Staff was directed to prepare necessary documents to effect this change. 1 VI. STAFF REPORTS A. CITY ADMINISTRATOR'S REPORT: A written report dated March 28 was reviewed. The written report reported on the status of activities as follows: Tree trimming in Art Roberts Park, a vehicle accident involving a city police unit, progress on hiring a new Golf Superintendent, progress in soliciting proposals to operate the clubhouse food and beverage concession , repairs on the clubhouse and the status of the Ida -Ore planning contract. The administrator asked that the Council reconsider its prior action to direct staff to install 35 feet of pipe in the river as Phase I of the River crossing project. Wallace moved to permit staff to hire an excavator with the proper equipment to undertake this work, so long as the cost was less than $5000, which would require a bid. VanKomen seconded and the motion carried. At the Public Works director's suggestion, two small water line replacement projects were proposed to be added to the 1991 Water System Improvement program. These are in Lenora St. east of Highway 55 and service near the Scandia Inn and Cheney Real Estate Office where service is via 1 1/4 inch line. VanKomen moved to add these two projects to the 1991 main replacement program. Wallace seconded and the motion carried unanimously. Park Conversion: A letter from Mr. Howard responding to the city's application for converting a portion of Mill Park to other uses and replacing that property with other park land was noted. After discussion McCarty moved to direct staff to proceed with vacation procedures for East Lake Street as indicated in the application. VanKomen seconded and the motion carried unanimously. Staff asked for clarification of intent with regard to the acquisition of the Railroad right-of-way and the Chitwood property. After discussion, Wallace moved that the city use all means available under law to acquire the replacement properties. VanKomen seconded and the motion carried unanimously. A letter from the Boise Cascade Corp. approving the proposed land trade was also noted. 2 Other: At Chief Points request, an additional amendment was requested in the city code related to automatic sprinkler systems. VanKomen moved to Amend Ordinance 542 as suggested. Wallace seconded and the motion carried. The matter was referred to the City Attorney to draft an amending ordinance. The Ordinance on licensing horsedrawn conveyances was presented. With Council consent, the Mayor ordered the matter to the next agenda for a first reading. Council requested that a license fee of $25 be included in the final version. The draft Stormwater drainage plan from Toothman-Orton Engineering was presented for review. The Council asked to schedule the matter to the next agenda. The Mayor so ordered. B.CITY ATTORNEY'S REPORT: The City Attorney commented that he had an offer to settle the Aspen Condominium water bill matter. He asked to discuss this in Executive Session. Mr. Remaklus also noted that an agreement with Mr. Klind should be prepared prior to commencing the well testing that is anticipated. C.CITY TREASURER'S REPORT: The treasurer reported on the City Attorney's response to his questions regarding the financial reporting requirements. After discussion, VanKomen moved to ask the Mayor and staff to advance the matter of the language of Title 50, Chapter 10 to the Association of Idaho Cities for revision and presentation to the legislature for action at the next session. McCarty seconded and the motion carried. The treasurer reported on the response of Valley County to his letter requesting clarification of the tax distributions by the County. He indicated that he expected to receive a check for approximately $75,000 to correct the matter in the near future. VIII.OLD BUSINESS A. ORDINANCE 581, Enacting a moratorium on the placement of mobile homes in the Area of City Impact, 3 Third Reading: McCarty moved to approve Ordinance 581, after a reading in full by the Clerk. VanKomen seconded. On a roll call vote McCarty, VanKomen and Wallace voted Aye. The Mayor declared the ordinance adopted. B. ORDINANCE 582, Enacting a moratorium on the placement of mobile homes in the City of McCall, Third Reading: The Clerk read the ordinance in full. McCarty moved to approve ordinance 582. Wallace seconded. On a roll call vote, McCarty, Wallace, and VanKomen voted Aye. The Mayor declared the ordinance adopted. The Council requested that the Planning and Zoning Commission be instructed to proceed with the Code amendment in progress so that further moratoriums are not required. A letter from LaVerna Byers was also noted and Council asked the Mayor and staff to respond to that correspondence. Finally, the City Attorney was instructed to contact the County Commission to adopt a concurrent Ordinance with Ordinance 581 to effect a moratorium in the Impact Area. The Mayor so ordered. C. WATER SYSTEM IMPROVEMENTS, KLIND WELL ANALYSIS: Tom Moore of JUB Engineering discussed a work order for construction of an entirely new well. Mr. Moore also discussed the cost of using the existing well and liner and a pump available locally to test the well, estimating that cost at $12,760. VanKomen moved to approve the $12,000 well test program and direct staff to negotiate an agreement with Mr. Klind for presentation to the Council on undertaking this test and other matters related to possible acquisition of the well site. D. RIO VISTA ANNEXATION: A list of problems in this subdivision was noted. Council asked that Valley County be asked to respond to and resolve some of these difficulties prior to further consideration of annexation of the area. The Mayor so ordered. E. SNOWMOBILE ROUTE, SUB -COMMITTEE REPORT: Mr. Wallace reported that the Committee was continuing to meet and consider the issue. F. SALE OF SURPLUS PROPERTY: The Treasurer reviewed the bids received for the IBM System 36 and the IBM Displaywriter. The high bidder for the System 36 was Pace/Butler Corp. for $1700. The high bid for the Displaywriter was Steven J. Millemann for $75. VanKomen moved to accept the high bids for the equipment. Wallace seconded and the motion carried. IX. NEW BUSINESS MAGEE AIRPORT TENANT LEASE: One amendment was requested for clarification. VanKomen moved to approve the lease as amended. Wallace seconded and the motion carried. X. EXECUTIVE SESSION McCarty moved to conduct an executive session pursuant to Idaho Code 67-2345, subsection (f) to advise its legal representatives in pending litigation or where there is a general public awareness of probable litigation. VanKomen seconded, and on a roll call , McCarty, VanKomen and Wallace voted in favor of the motion. The Mayor declared the meeting in executive session at 8:55 p.m. The Council returned to open session at 9:05 p.m. Mayor Allen instructed the City Attorney to proceed with settlement of the Aspen Condominium lawsuit as discussed in the closed session. XI.BOARD, COMMITTEE AND COMMISSION REPORTS REQUIRING ACTION A. PARK AND RECREATION COMMITTEE, March 13, 1991, Chairman Kathy Killen discussed the park planning program, the conversion program, the schedule and cost estimates for the lakefront park. Restroom costs were discussed in detail. After a lengthy discussion, Van Komen moved to approve the Jensen -Belts Work Order No. 2 with the understanding that final plans are to be approved by the Council before proceeding with construction. B. CITY IMPACT PLANNING AND ZONING COMMISSION, March 5, 1991. Certain issues were noted, no action was taken. The minutes were filed. XI I. CORRESPONDENCE A letter from LaVerna Byers regarding the mobile home moratorium was noted and had been dispatched earlier in the agenda. 5 XIII.INFORMATION ITEMS Receipt of the following items was noted: A. AIC Legislative Hotline #10 and #11 B. AIC City Report No. 7 C. Letter re golf contract from Attorney Michael Moore D. Letter fro IDHW re consistency determination E. Calendar XIV.OTHER BUSINESS A. FILE DRAWERS: Councilman VanKomen asked if some filing capability for Councilmen could be addressed. The Mayor directed staff to examine alternatives and return with costs and ideas. B. NEXT MEETING DATE: While reviewing calendars, it was determined that there would be no quorum on April 25. The next regular meeting was therefore scheduled for Monday evening April 29. XV. ADJOURNMENT At 9:55 p.m. without further business, Wallace moved to adjourn. VanKomen seconded and the motion carried. ATT T Arthur . Schmidt City C erk 6 ORDINANCE NO. 5 S I AN ORDINANCE RELATING TO PLANNING AND ZONING: REFERRING TO ORDINANCE NO. 569-I OF THE CITY OF McCALL, INCORPORATING THE PROVISIONS THEREOF AND PROVIDING FOR A 120 DAY MORATORIUM PROHIBITING THE APPLICATION FOR AND ISSUANCE OF BUILDING PERMITS FOR MOBILE HOMES IN THE McCALL, IDAHO, AREA OF CITY IMPACT. WHEREAS, the Mayor and Council of the City of McCall. Idaho. in Ordinance No. 569-I made findings pursuant to the authority granted under provisions of Section 67-6523, Idaho Code and pursuant to the declaration of purpose cf the Idaho Legislature, as set forth in Section 67-6502(a). Idaho Code. and the Mayor and Council do now mare the specific findings that such conditions do now continue to exist that an emergency does now exist, and that a 120 day moratorium should be placed on the application for and issuance of building permits for mobile homes in the McCall. Idaho Area of City impact. NOW. THEREFORE, be it ordained by the Mayor and Council c_ the City of McCall, Idaho. as foliows: Section 1. The application for and issuance of building permits for the placement of mobile homes in the McCall. Idaho Area of City Impact is hereby prohibited for a period of 120 days from and after the adoption, approval and publication cf this moratorium ordinance. Section 2. This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. Passea and approved this aay of Attest: 1991. ORDINANCE NO. s 3-02.., AN ORDINANCE RELATING TO PLANNING AND ZONING; REFERRING TO ORDINANCE NO. 569 OF THE CITY OF McCALL, INCORPORATING THE PROVISIONS THEREOF AND PROVIDING FOR A 120 DAY MORATORIUM PROHIBITING THE APPLICATION FOR AND ISSUANCE OF BUILDING PERMITS FOR MOBILE HOMES IN THE CITY OF McCALL, IDAHO. WHEREAS, the Mayor and Council of the City of McCall, Idaho, in Ordinance No. 569 made findings pursuant to the authority granted under provisions of Section 67-6523, Idaho Code and pursuant to the declaration of purpose of the Idaho Legislature, as set forth in Section 67-6502(a), Idaho Code, and the Mayor and Council do now make the specific findings that such conditions do now continue to exist that an emergency does now exist, and that a 120 day moratorium should be placed on the application for and issuance of building permits for mobile homes in the City of McCall. NOW, THEREFORE, be it ordained by the Mayor and Council of the City of McCall, Idaho, as follows: Section 1. The application for and issuance of building permits for the placement of mobile homes in the City of McCall, Idaho is hereby prohibited for a period of 120 days from and after the adoption, approval and publication of this moratorium ordinance. Section 2. This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. Passed and approved this .i'� day of , 1991.