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Council Minutes 1993 04/22MCCALL CITY COUNCIL MINUTES APRIL 22, 1993 I. CALL TO ORDER AND ROLL CALL: Council President VanKomen called the meeting to order at 7:00 p.m. VanKomen, Wallace, LeBrett and Larson answered the roll call. A quorum was present. The Mayor was absent. II. NEW BUSINESS: A. 1993-1994 Insurance Program: Bill and Dave Kirk and Marty Koch presented their recommendations for the City's insurance renewal program. They proposed that the city leave the PENCO program and insure through the ICRIMP program, a statewide city, county and governmental agency pool. After a review of the coverages and rates, Wallace moved to approve the ICRIMP program as the city's insurance carrier for 1993-1994. Larson seconded and the motion carried unanimously. The airport liability coverage was further discussed and the Council requested rates for increasing the coverage to $7 million and to $10 million. III.MINUTES: The minutes of April 8 were considered. The Council asked that the motion regarding Footloose approval include that the permit could be issued when the relevant department heads had approved the alcohol plan, security plan and other recommendations of the Parks Committee. Councilman Larson also requested that the minutes show that the golf concessionaire can access Councilmen directly to discuss problems in their operations. LeBrett moved to approve the minutes with these amendments. Larson seconded and the motion carried. IV. PAYMENT OF CLAIMS: The Payroll report of April 13 was considered. Wallace moved to approve the report. LeBrett seconded and the motion carried. The Council then considered the Voucher report dated April 19, 1993. Wallace moved to approve the report and pay the claims. LeBrett seconded and the motion carried. V. CONSENT CALENDAR: The Transportation Advisory Committee minutes of April 14 were listed on the calendar. LeBrett moved to approve the consent calendar. Larson seconded and the motion carried. VI. OLD BUSINESS: A. AIRPORT ENGINEERING CONTRACT, TOOTHMAN-ORTON ENGINEERING: Staff advised that the 1993 project was, by action of the FAA, rescheduled to the 1994 Fiscal year. This means that the project will be bid in October, a grant awarded in November and construction will occur in 1994. In return for the rescheduling, the FAA will authorize a grant for the entire preapplication work effort, totaling $1.2 million dollars. Given these events, staff requested the item be removed from the agenda. No action was taken. B. ENGINEERING AGREEMENT, TOOTHMAN-ORTON ENGINEERING, DEINHARD-BOYDSTUN CONNECTOR EVALUATION: This work order was requested by the Council on April 8. After discussion, Larson moved to approve the work order as presented. Wallace seconded and the motion carried. C. ENGINEERING AGREEMENT, TOOTHMAN-ORTON ENGINEERING, LIMITED PART 139 CERTIFICATE: The work order as presented was reconsidered inas much as the firm as of this date was unable to assure completion of the application by the April 30 deadline. A letter assuring the city of reimbursement by Douglas Manchester was received which provided for covering costs of fire fighter training and application and review fees totaling $1525 for Toothman-Orton. At 7:55, the item was tabled by the chair until the hearings scheduled for the evening were concluded and a recess declared. VII. PUBLIC HEARINGS: A. LOCAL IMPROVEMENT DISTRICT NO. 2, RIVERSIDE SUBDIVISION: The chair opened the hearing and requested a staff report. The Administrator reviewed the history of the project and development requests leading to this hearing. The project plans and costs were reviewed and the rationale for the benefit formula discussed. The engineer then reviewed the plans in detail. The City Council received protest letters from Clyde and Irene Archer, Marion Johnson, Judd DuBoer, Eric and Lori Anderson, Marilynn McGraw, Lyle and Lois Shaw, and from Neil and Katherine Tassano. The hearing was opened to public comment. Bus Johnson, Eric Anderson, and Clyde Archer testified. The Council asked all of those attending their favoring or opposition to the LID. After discussion, it was determined to schedule a meeting with those attending to determine if a scaled back project could be undertaken which would be less costly. May 12 was scheduled for that meeting at 7 p.m. No other action was taken and the hearing was closed. A recess was declared. B. VARIANCE REQUEST, CYNTHIA HELMICH: The hearing was opened by the chair. A staff report was given. There were no declarations by the Council. The Council reviewed the Commission's minutes on the matter and their findings of fact in denial of the matter. The hearing was an appeal of that decision. The hearing was opened to public comment and Attorney Pittinger testified on behalf of the applicant. Steve Loomis and Cynthia Helmich also testified. The hearing was closed and the matter returned to the Council table. After discussion, Wallace moved that the City Council find that a hardship exists based on the topography of the property, the fact that the property is bounded by three rights of way, and that the Council approve the variance as requested. Larson seconded and the motion carried unanimously. C. ZONE CHANGE REQUEST, MARILYN BLATTNER: The hearing was opened by the chair. A staff report was given. There were no declarations by the Council. The Council reviewed the Commission's minutes on the matter and their Findings of Fact and Conclusions of Law recommending denial of the request. This hearing was an appeal of that decision. The hearing was opened to the public. Marilyn Blattner and Ernie Cheney appeared in favor of the request. Rod Neilson appeared and opposed the request. Ken McGee appeared and expressed concern about traffic and Jim Staup recommended against the approval based on the zoning expected for the area. Blattner appeared to rebut the arguments of the opponents. The hearing was closed. After discussion, Wallace moved to adopt the Findings of Fact and Conclusions of Law of the Commission as those of the City Council, thereby denying the request. Larson seconded and the motion carried unanimously. VIII. NEW BUSINESS, CONTINUED: B. PETITION FOR LID, SPRING MOUNTAIN RANCH: A petition for the creation of LID No. 3, was presented. Resolution 8-93 was then considered setting a hearing for May 13, 1993 on the matter. Larson moved to adopt Resolution 8-93 and schedule a hearing on the matter on May 13, 1993. Wallace seconded and the motion carried unanimously. IX. OLD BUSINESS, CONTINUED: C. TOOTHMAN-ORTON WORK ORDER, LIMITED PART 139 CERTIFICATE: The City Council discussed further the landing of the 737 and incumbent risks. Letters from Ed Elam and the Fire and Rescue services were noted. After discussion Wallace moved to approve the workorder with Toothman-Orton Engineering for $1525 and to authorize the landing of a 737-200 on May 20 departing May 23 under the following terms and conditions: 1. Douglas Manchester will insure any damage to the asphalt surfaces at the airport caused by this operation; 2. The City will be held harmless from any liability for this operation; 3. That Douglas Manchester will pay the following costs: a. application for the limited Part 139 application; b. out of pocket expenses by city staff to process the application; c. costs of the City's airport Engineer to review the application and attend the FAA inspection on May 4 and 5; d. a commercial landing fee to the airport; e. the costs of providing any additional support or other services which may be required by the FAA to permit the operation; 4. That landing from the south and departure to the south shall only be permitted; 5. subject to FAA approval of the limited certificate. Wallce then moved to approve the request subject to all of the conditions here listed. Larson seconded and the motion carried. X. NEW BUSINESS, CONTINUED: C. NOTICE OF CLAIM, BRENDA LITTLE: Wallace moved to acknowledge receipt of the claim and confirm the referral of the matter to the City's Insurance carrier and the city attorney. Larson seconded and the motion carried. D. APPROVAL OF SPECIFICATIONS AND CALL FOR BID, PARK MAINTENANCE SERVICES: The Council reviewed the work specifications. After discussion, Wallace moved to approve the specifications and call for bids for the work. Larson seconded and the motion carried. XI. BOARD, COMMITTEE AND COMMISSION MINUTES REQUIRING ACTION: A. CITY PLANNING AND ZONING COMMISSION MINUTES, APRIL 6, 1993: 1. Country Craftsman Subdivision, Final Plat: The Council reviewed the Commissions minutes and Findings of Fact and Conclusions of Law on the matter. After discussion, Larson moved to adopt the Commission's Findings and Conclusions as those of the City Council and to approve the Final Plat as stipulated by the Commission. LeBrett seconded and the motion carried. 2. Dickenson, Variance Request: The Council reviewed the Commission's minutes and Findings of Fact and Conclusions of Law in the matter. After discussion, Wallace moved to adopt the Findings and Conclusions of the Commission as those of the City Council and to approve the request. Larson seconded and the motion carried. 3. City of McCall, Zone Change request: The request, related to the old golf clubhouse site, was reviewed. The Council examined the Commission's Findings of Fact and Conclusions of Law in the matter. Wallace moved to adopt the Findings and Conclusions of the Commission as those of the City Council and to approve the request. LeBrett seconded and the motion carried. 4. Jorgenson, Variance Request: The Council reviewed the Commission's minutes and Findings of Fact and Conclusions of Law in the matter. After discussion, Larson moved to adopt the Commission's Findings and Conclusions as those of the City Council and to approve the Variance request. LeBrett seconded and the motion carried. XII. STAFF REPORTS: A. CITY ADMINISTRATOR'S REPORT: A written report requested cancellation of the May 6 workshop on the water system. It was so ordered. The report noted an item missed regarding the dance floor at the Golf Clubhouse. With the consent of the Council, the chair tabled action to the next Council meeting. An error in a description for the Woodlands annexation ordinance was noted and the Council was advised that the Ordinance and the description would be republished. B. CITY ATTORNEY'S REPORT: The matter of a letter from Attorney Dillon et.al on behalf of Judd DuBoer regarding the Moratorium on building in the proposed highway 55 route relocation was discussed. The Attorney was directed to write a letter to IDOT and convey the information to the agency and copy the letter to Mr. Dillon. C. CITY TREASURER'S REPORT: Resolution 6-93 requesting relief for a late charge on a utility bill on account of Forrest Baumback was presented. VanKomen moved to approve the relief requested. Larson seconded and the motion carried.i Resolution 7-93 requesting relief from certain interest and penalty charges was presented, in the amount of $4.02 by Mr. Dalgleish. Wallace moved to grant the relief. LeBrett seconded and on a voice vote there were 3 No votes and 1 Aye votes. The motion failed. The charges will be assessed. XIII. CORRESPONDENCE: A letter from the City Park and Recreation Advisory Committee was noted. XIV. INFORMATION ITEMS: The action update as of April 12 was listed and receipt acknowledged. XV. ADJOURNMENT: Wallace moved to adjourn at 12:36 a.m. LeBrett seconded. The motion carried. Mayor