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Council Minutes 1993 05/27MCCALL CITY COUNCIL MINUTES MAY 27, 1993 I. CALL TO ORDER AND ROLL CALL Mayor Smith called the meeting to order at 7 p.m. Councilmen VanKomen, Wallace, LeBrett and Larson answered the roll call. A quorum was present. II. MINUTES: The record of meeting for May 12 and Minutes of May 13 were presented. The Council asked that a change of "for" to "of" in the Spring Mountain Ranch Agreement to an agreement for purchase "of" improvements. Wallace then moved to approve the minutes of May 13 as amended and the record of meeting of May 12 as presented. VanKomen seconded and the motion carried. III. PAYMENT OF CLAIMS: The Voucher Report dated May 24 was considered. After discussion, VanKomen moved to approve the claims for payment as presented. Wallace seconded and the motion carried. IV. CONSENT CALENDAR: The Impact Planning and Zoning Commission minutes of May 24 was the only item listed. Wallace moved to approve the consent calendar. Larson seconded and the motion carried unanimously. V. ADDITIONAL ITEMS: The Administrator asked that the Park Bids report be added to the agenda. It was approved for addition under new business. VI. OLD BUSINESS: No items were listed as old business. VII. NEW BUSINESS: A. AIC ANNUAL CONFERENCE, VOTING CREDENTIALS: After discussion, Wallace moved that the Mayor be the AIC voting delegate and Councilman LeBrett be the alternate voting delegate. VanKomen seconded and the motion carried. B. GOLF CART STORAGE AREA LEASE: Staff reviewed the RFP process, and presented the draft lease with Certified Steel Buildings. After discussion, VanKomen moved to approve the lease and authorize the Mayor to sign with the addition of Workmen's Compensation coverage to item 15 and subject to the Planning and Zoning Commission's approval of the design and layout of the site and buildings. LeBrett seconded and the motion carried unanimously. C. GOLF PRO CONTRACT: The Mayor reported on his negotiations to update the contract. Mr. Hoss presented materials on golf play during 1992 and discussed the draft agreement with the Council. Frank Brown, reported that the Golf Committee had not discussed the matter. It was noted that fees proposed for golf tournaments could not be imposed this season and would have to be effective in 1994. There was debate about the term of the contract. After discussion, Wallace moved to return the matter to the Golf Committee for review and recommendation. VanKomen seconded and the motion carried. The Council recessed from 7:55 to 8:00 p.m. VIII. PUBLIC HEARINGS: A. VARIANCE REQUEST, JOHN AND ANN LLOYD EDWARDS: The Mayor opened the hearing at 8:00 p.m. Councilman Wallace announced a conflict of interest in the matter and withdrew from the discussion and left the table. The Mayor invited other declarations and each Councilman reported a discussion with the applicant who has difficulty speaking in public due to health considerations. Administrator gave a staff report and otherwise reviewed the matter. Additional information was distributed, a letter from the applicant read into the record. After discussion, Larson moved to adopt the Findings and Conclusions of the Commission as those of the City Council thereby denying the request. On a roll call vote VanKomen and Larson voted Aye and LeBrett voted Nay. The Mayor declared the motion carried. B. SUBDIVISION PLAT, MEADOWOOD, PATRICK DOYLE: The Mayor opened the hearing. The staff report, the minutes of the Commission meeting and their Findings and Conclusions were reviewed by the Council. The floor was opened to public comment. Mr. Killen representing the applicant noted the basis for appeal of the preliminary plat and the recommendations of the Commission, namely paving, the installation of a dry water line for future service, the mandatory donation to the Fire District, bonding and the subdivision agreement. George Borum of Ceeway Loop questioned the proposal. Denelle Borum asked about the legality of converting a platted lot into a roadway. Frank Harrell expressed concern about traffic and dust abatement. Edith McKnight expressed opposition to the project. Joel Droulard indicated that there were no identifiable wetlands on the site. Mrs. Eddins was invited to comment on the Commissions actions. The hearing was closed at 8:38 p.m. Wallace then moved to adopt the Findings of Fact and Conclusions of Law of the Commission on the matter, excluding and eliminating the requirement for the payment to the Fire District, item 17 d. VanKomen seconded and the motion carried unanimously on a voice vote. VII. NEW BUSINESS, CONTINUED D. ENCROACHMENT PERMIT, MOXIE JAVA The request was for a permit to place tables and chairs on the public right-of-way at the corner of Third and Lake Sts. Barbara Sparks and Wray Featherstone appeared to detail the request. After a lengthy discussion, LeBrett moved to deny the request. VanKomen seconded and the motion carried. E. WORK ORDER, JUB ENGINEERING, NPDES PERMIT FOR WASTEWATER TREATMENT PLANT: The work order for assistance in negotiating the NPDES permit was presented. It is for time and materials up to $5000. After review VanKomen moved to approve the work order. LeBrett seconded and the motion carried. F. WORK ORDER, MONTGOMERY AND TOOTHMAN-ORTON ENGINEERING, WATER SYSTEM PILOT PLANT WORK: The work order to proceed with the pilot plant effort by the water system engineers was considered. After some discussion, LeBrett moved to approve the work order but to provide for duplicate originals of work provided to the city and to delete the 5% processing fee by Montgomery for the Toothman-Orton work effort. VanKomen seconded and the motion carried. G. NOTICE OF CLAIM, KILLEN AND KERRICK, SEWER BACKUP: VanKomen moved to acknowledge receipt of the claim and to confirm the Clerk's referral of the matter to the City Attorney and the City's insurance carrier. LeBrett seconded and the motion carried. H. PARK MAINTENANCE BIDS: The bids from the City of McCall and from High Mountain Nursery were reviewed. VanKomen declared a conflict of interest and abstained from the discussion and voting on this item. After discussion, Wallace moved to accept the bid of High Mountain Nursery for Park Maintenance services of $12,800. and direct staff to negotiate a contract for Council approval. Larson seconded and the motion carried. IX. BOARD, COMMITTEE AND COMMISSION MINUTES REQUIRING ACTION: A. MAYOR'S SELECT COMMITTEE: The Committee recommended an election to adopt the Council -Manager form of government. Resolution 12-93 was presented which formalizes the referendum. VanKomen moved to adopt Resolution 12-93. Wallace seconded and the motion carried unanimously. B. GOLF COURSE ADVISORY COMMITTEE, MAY 5, 1993: The action items from these minutes were acted on at the previous meeting. Wallace moved to approve the minutes for filing. Larson seconded and the motion carried. C. TRANSPORTATION ADVISORY COMMITTEE MINUTES, MAY 24, 1993: The Committee recommended that the city adopt the Eckhart proposal as the preferred routing for the Deinhard-Boydstun Connector. Further, staff proposed a reconsideration of construction of the project as a local street. VanKomen moved to approve the Eckhart routing proposal and to refer the question of construction and financing back to the Transportation Committee. LeBrett seconded and the motion carried. D. CITY PLANNING AND ZONING COMMISSION, MAY 18,1993: 1. Hardy Variance: The Committee recommended approval of a variance request. The Council reviewed the minutes, Findings of Fact and the Conclusions of Law and the staff report on the matter. After review, Wallace moved to adopt the Commission's Findings and Conclusions as those of the City Council and to approve the variance as recommended. LeBrett seconded and the motion carried. 2. Final Plat, Sunset Vie Manor: The Council reviewed the minutes and the Commission's recommendation to approve the preliminary and final plat. VanKomen moved to approve the final plat as recommended. Larson seconded and the motion carried. X. STAFF REPORTS: A. CITY ADMINISTRATOR'S REPORT: A written report was submitted. The administrator requested the Council's approval of an expenditure for the Floyde St. extension right-of-way to Samson Trail from the contingency fund. After discussion, VanKomen moved to approve the purchase in the amount of $5500 from the contingency fund. LeBrett seconded and the motion carried. The administrator advised of a change in the Toys for Tots program which would have Juice Newton appear in Mill Park for the event. The Council asked that bonding be in place to restore the park after the event and took no other action, in effect affirming the administrator's position that the park was rented and that the city was not involved in the programming or scheduling of acts for the event. B. CITY ATTORNEY'S REPORT: The City Attorney reported on the filing of a motion for summary judgement in the Kalman case. C. CITY TREASURER'S REPORT: A fee placed upon the water system by the State Legislature for payment of Clean Water Act enforcement was noted. XI. PUBLIC COMMENTS: There were no comments from the public. XII. COUNCIL COMMENTS AND REPORTS: Councilman Wallace noted the Thursday, June 3 meeting of Ida -Ore in McCall. XIII. CORRESPONDENCE AND INFORMATION ITEMS: Wallace moved to acknowledge receipt of the correspondence and information items. VanKomen seconded and the motion carried. The items listed are as follow: 1. Letter from Carl Hoss 2. Letter from Mayor Smith 3. Valley County Commission minutes of May 10 4. Letter from Jud DuBoer, Brown's Industries 5. Action Update as of May 17 6. Letters to and from Idaho Department of Parks and Recreation regarding extension of completion of Park conversion; 7. Letter from City Administrator to KTVB 8. Letter from Douglas Manchester XIV. ADJOURNMENT: At 11:47 p.m., Wallace moved to adjourn. VanKomen seconded and the motion carried. Clerk