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Council Minutes 1993 01/28MCCALL CITY COUNCIL MINUTES JANUARY 28, 1993 I. CALL TO ORDER AND ROLL CALL: Mayor Smith called the meeting to order at 7:05 p.m. Councilmen VanKomen, Wallace, LeBrett and Larson answered the roll call. The Mayor declared a quorum present. II. MINUTES: The minutes of meetings on January 13 and January 14 were considered. Wallace moved to approve the minutes of the January 13 meeting. LeBrett seconded and the motion carried. Wallace then moved to approve the minutes of the January 14 meeting. Larson seconded and the motion carried. III. PAYMENT OF CLAIMS: A Payroll report dated January 20, 1993 was presented. Larson moved to approve the Payroll report. Wallace seconded and the motion carried. A Voucher Report dated January 25, 1993 was considered. Councilman Larson asked about the Golf Clubhouse telephone bill and after discussion the Mayor ordered that the staff research this matter and report to the Council. Wallace then moved to pay the bills as presented on the Voucher Report. Larson seconded and the motion carried unanimously. IV. CONSENT CALENDAR: The Library Board minutes of January 14 and Catering permits for the Mill on January 16 and 17 and Lardo's for January 23 and 31 and February 5 and 6 were listed on the calendar. VanKomen moved to approve the consent calendar. Wallace seconded and the motion carried. V. OLD BUSINESS: A. ORDINANCE 620, ANNEXING THE WOODLANDS: Ordinance 620 was read by title for its second reading. Larson then moved to suspend the rule requiring that an ordinance be read on three separate occasions. VanKomen seconded. On a roll call vote, Larson, VanKomen, Wallace and LeBrett voted Aye. The Mayor declared the motion carried and the rule suspended. Wallace then moved to adopt Ordinance 620. LeBrett seconded. On a roll call vote, Wallace, LeBrett, VanKomen, and Larson voted Aye. The Mayor declared the motion carried and the Ordinance adopted. B. LIFT STATION AGREEMENT, CITY OF MCCALL/BROWN'S INDUSTRIES/MALCOLM SCOTT: The agreement was considered. After discussion, Wallace moved to approve the agreement and authorize the Mayor to sign. LeBrett seconded and the motion carried unanimously. VI. NEW BUSINESS: A. REQUEST FOR SEWER SERVICE BY THE PAYETTE LAKES WATER AND SEWER DISTRICT, STACY ATKINSON: The request for a parcel of land within the city to secure service from the Sewer District was considered. Staff reviewed the request. VanKomen then moved to allow the property to be served by the District. Wallace seconded and the motion carried. VII. BOARD, COMMITTEE AND COMMISSION MINUTES REQUIRING ACTION: A. IMPACT PLANNING AND ZONING COMMISSION MINUTES OF JANUARY 12, 1993: 1. GETAWAY PINES PLAT: The Council considered the Commission's recommendation to plat the subdivision. VanKomen moved to approve the final plat and to adopt the Findings of Fact and Conclusions of Law of the Commission as those of the City Council. Wallace seconded and the motion carried unanimously. The Council then queried regarding the City Attorney's service to the Commission rather than the County Prosecutor and identified a need to discuss this further with the County Commission. B. PARK AND RECREATION COMMITTEE MINUTES OF JANUARY 18, 1993: 1. BACKGROUND INVESTIGATIONS, OFFICIALS: The Committee recommended that all volunteer recreation program officials have police background checks before officiating in various programs. Wallace moved to approve the recommendation. Larson seconded and the motion carried. COMPREHENSIVE PLAN SECTION: The Committee noted completion of the section of the plan and it was referred back to staff for inclusion in the final draft of the Plan. RIVERFRONT PARK: The Council noted the discussion about the development of this parcel for park uses with the Committee. C. CITY PLANNING AND ZONING COMMISSION MINUTES, JANUARY 21, 1993: PUD APPLICATION, PAYETTE SUNSET CONDOMINIUMS,PARVIS AND JEANNE DEGHANPISHEH: The Council reviewed the Commission's minutes, the staff report and the Findings of Fact and Conclusions of Law on the matter. After discussion, VanKomen moved to approve the PUD as recommended by the Commission and to adopt the Findings of Fact and Conclusions of Law of the Commission as those of the Council. Wallace seconded and the motion carried. VIII.STAFF REPORTS; A. CITY ADMINISTRATOR'S REPORT; The staff recommended the adoption of a policy on oversizing of utility lines. After discussion, VanKomen moved to adopt the policy as presented. Wallace seconded and the motion carried. The Administrator presented the Draft of the Wastewater Facility Plan update and discussed it with the Council. After discussion, Wallace moved to schedule a hearing on the plan for March 25, 1993. VanKomen seconded and the motion carried unanimously. Staff also reported on the Cable Television franchise notice of a rate increase, on the submission of a bid on a US Surplus water truck and noted imminent receipt of the appraisal on the Railroad Right of Way. The Council recessed from 7:55 to 8:00 p.m. IX. PUBLIC HEARINGS, 8 P.M.: A. MARION JOHNSON, VARIANCE REQUEST: The Mayor opened the hearing at 8 p.m. and called for a staff report on the matter. Staff reviewed the request, the staff report and read the letters opposing the granting of the variance which were in the file. The Council reviewed the Commissions minutes and Findings of Fact and Conclusions of Law on the matter. The floor was then opened for public comment. Marion Johnson appeared and further discussed the request. No one else appeared to be heard and the hearing was closed to public comment and returned to the Council table. Wallace then moved to approve the variance and to adopt the Commission's Findings of Fact and Conclusions of Law in the matter as the City Council's. Larson seconded and the motion carried unanimously. B. GEORGE KAWAI, VARIANCE REQUEST: The Mayor opened the hearing at 8:20 p.m. Staff reviewed the matter and directed the Council to the Commission's minutes and their Findings of Fact and Conclusions of Law. The Council reviewed the file. The hearing was opened for public comment. Scott Findlay representing the applicant discussed the request. Harold Beckett inquired about access from Bear Basin Rd. and offered no opposition or support for the proposal. The hearing was closed to public comment when no one else wished to be heard at 8:30 p.m. VanKomen moved to adopt the Commission's Findings of Fact and Conclusions of Law as those of the City Council. LeBrett seconded and the motion carried unanimously. Wallace then moved to approve the variance. VanKomen seconded and the motion carried. VII. BOARD, COMMITTEE AND COMMISSION MINUTES REQUIRING ACTION, CONTINUED: D. GOLF ADVISORY COMMITTEE, JANUARY 13, 1993; The Committee recommended that the city purchase a new freezer and refrigerator for the golf clubhouse as required by Central District Health Department. The Council discussed the matter and returned it to the committee. The Committee recommended that a tractor be purchased. Staff reported that the proposed trade-in would violate the bid law. The matter was returned to staff to prepare a bid on a used tractor. The Committee then recommended that the Restaurant concession contract be awarded to Mary Clemmer. The Council discussed the responses to the Request for Proposals, a letter from Mr. Bird, and questions from others who had proposed on the RFP. After discussion, VanKomen moved to reject all proposals due to technical difficulties. Wallace seconded and the motion carried. The Council directed that the revised RFP would be based upon the prior contract, that staff should be involved in the revision and review, that a letter of credit would be accepted in lieu of a bond, and that, the law permitting, only the persons proposing would be solicited for amended proposals. The Mayor so ordered. The Committee recommended that fees for 1993 remain the same as in 1992. Wallace moved to approve the recommendation excepting the fee for carts stored at the McCall Golf Course. (These are stored on park land and the Park and Recreation Committee is reviewing this matter.) VanKomen seconded and the motion carried. The Committee inquired about the city's approval of two golf tournaments. Staff was directed to review the Council minutes for such approval. VIII. STAFF REPORTS, CONTINUED: B. CITY TREASURER'S REPORT: The Treasurer's written report noted the status of payments for LID No. 1, Lake Forest Subdivision and two items of legislation pending the in U.S. Congress. C. CITY ATTORNEY'S REPORT: There was no report. X. PUBLIC COMMENTS; Richard McCrystal of Rio Vista Subdivision appeared and expressed concern about the delay in response from the County Sheriff to his burglar alarm and felt the city should respond to such calls. The attorney opined that even the proposed mutual aid agreement would not have the city respond to such calls. The Council asked that the matter of annexing Rio Vista be addressed at the February 11 Council meeting. XI. MAYOR AND COUNCIL COMMENTS AND REPORTS; Mayor Smith proposed to removed John Lowe from the Impact Planning and Zoning Commission for lack of attendance. VanKomen moved to confirm the proposed removal of Mr. Lowe. Wallace seconded and the motion carried. XII. CORRESPONDENCE; The Council noted the request for dues payment for membership by the city in the Highway 95 Association. Wallace moved to approve the amount budgeted of $400 and asked that a letter explaining the partial payment be sent. LeBrett seconded and the motion carried. XIII. INFORMATION ITEMS; LeBrett moved to acknowledge receipt of the following information items: a letter from Lynn McDonald, a letter from Larry Schoenhut, a letter from the Idaho Children's Network, the Valley County Commission minutes of January 11, and the Action Update as of January 25, a copy of a letter to Jake Howard, IDPR from the Administrator. Wallace seconded and the motion carried unanimously. XIV. ADJOURNMENT: At 9:26 p.m. Wallace moved to adjourn, VanKomen seconded and the motion carried. Clerk Mayor ORDINANCE NO. 620 AN ORDINANCE OF THE CITY OF McCALL, IDAHO, ANNEXING THE REAL PROPERTY DESCRIBED HEREIN AND ZONING IT TO BE ZONE A, LOW- DENSITY RESIDENTIAL; AND PROVIDING AN EFFECTIVE.DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: ~u~_C~. The Mayor and Council find that the property described on Exhibit "A" to this Ordinance is land contiguous to the City of McCall, which may be annexed by the City pursuant to applicable State law, all affected property owners having in writing requested annexation. The Mayor and Council find that the requisite notices have been given and the requisite hearings have been conducted. Annexation was approved December 29, 1993. ~. The property described on Exhibit "A" is annexed by and into the City of McCall. Section 3. The property described on Exhibit "A" is placed on the official zoning map and by this Ordinance into Zone "A", Low-Density Residential District. The Clerk shall endorse the date and the number of this Ordinance upon the Zoning Map on this property. Section 4. That this Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law, and the filing by the Clerk of a certified copy of this Ordinance with each of the following: the Valley County auditor, treasurer, and assessor, and the State of Idaho Tax Commission. Passed and approved January 28, 1993 ATT~ESiT: - ~ J,-~ City ~erk Ordinance No. 620, January 28, 1993 page 1 A parcel of land situated within the S 1/2 NW 1/4, and the W 1/2 NE 1/4, Section 15, T. 18 N., R. 3 E., B. M., described as follows: Commencing at the E. 1/16 corner of s~ch NE 1/4, the true point of beginning, which corner and point of beginning bears S. 89° 47' 11" W. a distance of 1318.97 feet from the NE corner of such Section 15'; Thence continuing S. 0° 07' 20" W. a distance of 2645.93 feet to the center-east 1/16th corner of such Section 15; Thence N. 89° 47' 01" W. along the east-west centerline of such Section 15 a distance of 1327.82 feet to the center of such Section 15; Thence continuing N. 89° 47' 01" W. along the east- west centerline of such Section 15 a distance of 882.98 feet to a point on the City Limits of the City of McCall, as such limits were prior to the adoption of this Ordinance; Thence N. 0° 25' 26" E. a distance of 990.00 feet along the City Limits of the City of McCall, as such limits were prior to the adoption of this Ordinance, to a point; Thence N. 0° 25' 26" E. a distance of 990.00 feet along the City Limits of the City of McCall, as such limits were prior to the adoption of this Ordinance, to a point; Thence N. 89° 47' 01" W. a distance of 1760.00 feet along the City Limits of the City of McCall, as such limits were prior to the adoption of this Ordinance, to a point; Thence N. 0° 25' 26" E. a distance of 333.54 feet along the City Limits of the City of McCall, as such limits were prior to the adoption of this Ordinance, to the north 1/16th corner common to such Section 15 and Section 16 of such Township; Thence S. 89° 46' 14" E. a distance of 2640.44 feet to the center-north 1/16th corner of such Section 15; Thence N. 0° 18' 50" E. a distance of 1322.94 feet to the north 1/4 corner of such Section 15; Thence S. 89° 47' 11" E. a distance of 1318.97 feet to the point of beginning. Exhibit "A" to Ordinance No. 620, January 28, 1993, page 2 CERTIFICATE OF RECORDING OFFICER STATE OF IDAHO ) ) ss COUNTY OF VALLEY) I, the undersigned, the duly appointed, qualified, City Clerk of McCall City, Idaho, do hereby certify the following: 1. That pursuant to the provisions of Section 50-207, Idaho Code, I keep a correct journal of the proceedings of the Council of McCall City, Idaho, and that I am the statutory custodian of all laws, ordinances and resolutions of said City. 2. That the attached Ordinance No. ~ is a true and correct copy of an ordinance passed at a regular meeting of the Council of McCall City held on ~~-~3_.~ 19 ~ , ~.>, and duly recorded in my office; and ~/ ~ 3. That said regular meeting was duly convened and held in all respects in accordance with law and to the extent required by law, due and proper notice of such meeting having been given; that a legal quorum was present throughout the meeting and that a legally sufficient number of members of the Council of McCall City voted in the proper manner and for the passage of said ordinance; and that all other requirements and proceedings incident to the proper adoption and passage of said ordinance have been duly fulfilled, carried out and observed; and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the of~cial seal of the City of McCall, Idaho, this .~~ day of ArthUr ~;/Schmidt, City Clerk (Seal of the City)