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Council Minutes 1993 04/08MINUTES MCCALL CITY COUNCIL APRIL 8, 1993 I. CALL TO ORDER AND ROLL CALL: Council President VanKomen called the meeting to order at 7 p.m. Councilmen VanKomen, Wallace, Larson, and LeBrett answered the roll call. Mayor Smith was absent. II. MINUTES: The minutes of the March 25 meeting were considered. Wallace moved to approve the March 25 minutes. LeBrett seconded and the motion carried. III. PAYMENT OF CLAIMS: The Payroll report dated March 25 was presented. Wallace moved to approve the payroll report. Larson seconded and the motion carried. The Voucher Report dated April 5 was considered. VanKomen noted that he asked that future contracts on the Sewage Treatement Plant be joint contracts to provide for payment by the District and City and avoid the city having to advance the funds for payment. IV. CONSENT CALENDAR: Receipt of the March 15 Park and Recreation Advisory Committee minutes were acknowledged and were the only item listed on the calendar. V. OLD BUSINESS: A. PARK AND RECREATION COMMITTEE RECOMMENDATIONS FROM MARCH 1 COMMITTEE MINUTES AND APRIL 5 MINUTES: 1. FOOTLOOSE: Ron White, on behalf of the McCall Area Chamber of Commerce, reported on the plans for the 1993 Footloose event. He explained how the various parks would be used for the event, noted the concert at the Rodeo grounds, and assured the Council that access to the lake for the public at Legacy would not be impeded during the events there. After discussion and endorsement of the idea by the Park and Recreation Advisory Committee Chairman, Larson moved to approve the recommendation of the Park and Recreation Advisory Committee with all the terms and conditions outlined therein for the 1993 Footloose event, on August 12, 13, 14, and 15, and premised on the use of not more than half of the beach at Legacy Park for the sand sculpturing contest. The permit is to be issued when department heads have approved the plans by the Advisory Committee. Wallace seconded and the motion carried unanimously. 2. APRIL 5 MINUTES: a. The committee recommended that the staff be directed to prepare a RFP for park food concessions for 1993. VanKomen moved to adopt the Committee recommendation and direct staff to prepare the proposal. Wallace seconded and the motion carried. b. The committee recommended that the Council direct staff to prepare a RFP for park maintainence for 1993. Wallace moved to adopt the Committee recommendation and direct the staff as requested. VanKomen seconded and the motion carried. B. 1991-92 AUDIT REPORT: Wallace moved to approve the audit report with the correction and detailing of the golf reserve funds as previously discussed. VanKomen seconded and the motion carried. VI. NEW BUSINESS: A. GOLF COURSE TRACTOR, AWARD OF CONTRACT: After reviewing the two bids for a golf course tractor, Larson moved to purchase the John Deere equipment bid by Campbell Tractor Co. for a net bid of $8320. Wallace seconded and on a roll call vote, Larson, Wallace, LeBrett and VanKomen voted Aye. The motion carried. B. DIENHARD-BOYDSTON CONNECTOR: Mike Eckhart and Keith Stein appeared and discussed the routing of the proposed project. They registered their objections to the route outlined by Centenniel Engineering and proposed an alternate alignment. Dan Thompson of Toothman-Orton Engineering addressed the issue. The Council then asked Mr. Thompson to present a work order to outline the comparative costs of the Centenniel alignment with those presented by Mr. Eckhart. There was further discussion and Jim Staup agreed with the City Council. C. ENCROACHMENT PERMIT, DOCK REPLACEMENT AT SHORE LODGE: The application was presented and Wallace moved to refer the matter to the City Planning and Zoning Commission for a recommendation on the matter. VanKomen seconded and the motion carried. VII. BOARD, COMMITTEE AND COMMISSION MINUTES REQUIRING ACTION: A. GOLF COURSE ADVISORY COMMITTEE, APRIL 7, 1993: 1. GOLF CART STORAGE: The Committee recommended that the Council advertise for proposals to lease the property at Reedy and Fairway for golf cart storage construction by private parties. Larson moved to approve the Committee recommendation. LeBrett seconded and the motion carried. 2. GOLF CONCESSION CONTRACT: Mr. VanKomen noted that he would be the accountant for the concessionaire, declared his conflict of interest and left the table. Larson then moved that Wallace act as Mayor pro-tem for this matter. LeBrett seconded and the motion carried unanimously. The draft agreement was presented. Larson inquired about the contractor's access to City Councilmen and was assured that they could still discuss matters of interest and that the contracter retains all consitutional rights of citizenship to access elected officials. The Committee recommended the Council's approval and execution of the contract. After a recess for review and discussion, Larson moved to approve the contract and authorize Mr. Wallace to execute the contract on behalf of the City. LeBrett seconded and on a roll call vote, with Larson, LeBrett and Wallace voting Aye, the motion carried. Mr. VanKomen returned to his seat at the Council table following this action. VIII. STAFF REPORTS: A. CITY ADMINISTRATOR'S REPORT: The staff report noted record sewer flows, Mr. Orton's absense due to illness, safety training for supervisors conducted this date, and inquired about the agenda for the monthly City -County meeting. The Council asked that the septage dumping issue be scheduled for the May meeting and the April 13 meeting cancelled. B. CITY TREASURER'S REPORT: Wallace moved to approve the Treasurer's report for the six months ending March 31, 1993 for publication. Larson seconded and the motion carried. The Council acknowledged receipt of the report for the month of March 1993. C. CITY ATTORNEY'S REPORT: The Attorney reviewed his written report of this date describing the status of various proceedings. IX. PUBLIC COMMENTS; No one appeared to be heard. X. MAYOR AND COUNCIL COMMENTS AND REPORTS: Mr. VanKomen asked that staff review the city's obligations under the new Federal CATV legislation. XI. CORRESPONDENCE: Letters regarding a sign marking McCall at Exit 356 on I-84 were noted. XII. INFORMATION ITEMS: The following information items were presented and receipt acknowledged: 1. Letter from the Idaho Department of Commerce rejecting a grant application for ICDBG funds for a water line on Stibnite St. 2. Letter from Idaho Bureau of Aeronautics indicating award of a grant for surveying the airport and erecting traffic control signs. 3. Action update as of April 1, 1993; 4. AIC Legislative Hotline, Issue No. 9, March 30 XIII. ADJOURNMENT: Without further business, Wallace moved to adjourn. VanKomen seconded and the motion carried. CITY OF McCALL MAYOR & COUNCIL FINDINGS AND CONCLUSIONS IN SUPPORT OF APPROVAL OF A VARIANCE The President and Council find that: 1. A petition for approval of a variance was presented for public hearing on April 22, 1993 by Cynthia Loomis, nee Helmich, as owner of Lot 30, Group F Payette Lakes Club The application was to approve the construction of a home on the lot, retroactively, where is. As built, the home encroaches into the side line setback on the south side by a factor of two to four feet. 2. The necessary notice was given. 3. The land in question is in Zone A, as is the surrounding area. The lot is very steep from south toward north, and has several large boulders toward the center north east of the lot. Access to the dwelling is by driveway from the south to the daylight basement, and by driveway from the west to the upper level at grade. 4. Mrs. Loomis has two disabled children in wheelchairs, for whom on -grade access to both levels of the home is important. Construction in accord with the required setbacks, given the boulder situation, would threaten blockage of the handicapped access to the upper level, by not leaving room on the lot to park a vehicle on the lot while still affording the children adequate space to disembark, and maneuver to the home in safety. The lot is also of substandard size, further reducing the ability to vary the site of the home. The fact that the lot is of the size that it is, plus the boulders, plus the steepness, plus the handicap access concern, constitute a factual hardship. The lot does not appear able to contain the dwelling for this family without invading either the setback or removing large rock formations. 5. There is no other lot adjacent to this side line, which borders common open space. No neighbors are impacted, and none appeared to protest. The President and Council concludes that: 6. The requisite hardship to support a variance has been shown. MCC 3, Chapter 23. FINDINGS AND CONCLUSIONS IN SUPPORT April 23, 1993 OF APPROVAL OF A VARIANCE, Loomis 7. The Council is also not unmindful of the overarching policy of the United States government to the effect that local governments should reflect in their practices a sensitivity to the needs of the physically disadvantaged. Dated: April 23, 1993 Attest: Arthu. Schmidt, City erk Gary V,!n K. v en Presiā€¢ent FINDINGS AND CONCLUSIONS IN SUPPORT April 23, 1993 OF APPROVAL OF A VARIANCE, Loomis