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Council Minutes 1993 06/24MCCALL CITY COUNCIL MINUTES JUNE 24, 1993 I. CALL TO ORDER AND ROLL CALL: Council President VanKomen called the meeting to order at 7:05 p.m. Councilmen VanKomen, Wallace and Larson answered the roll call. A quorum was present. II. MINUTES: The minutes of June 10 and June 17 were presented. Wallace moved to approve the June 10 minutes. VanKomen seconded and the motion carried. Wallace then moved to approve the June 17 minutes. VanKomen seconded and the motion carried. III. PAYMENT OF CLAIMS: A payroll report dated June 22, 1993 was presented. Wallace moved to approve the payroll report. Larson seconded and the motion carried. A Voucher report dated June 21, 1993 was considered. Wallace moved to approve the voucher report and to pay the claims. VanKomen seconded and the motion carried. IV. CONSENT CALENDAR: No items were listed and no action taken. V. CALL FOR ADDITIONAL ITEMS: Councilman Wallace asked that the staff address the traffic problems at 3rd and Park during the next two months. The chair so ordered. VI. OLD BUSINESS: A. RESOLUTION 17-93, SALE OF SURPLUS EQUIPMENT: The resolution was presented and discussed. One item was withdrawn from the list and the motor grader was included on the list after discussion. The staff was directed to establish and require a minimum bid on the motor grader. Wallace then moved to approve Resolution 17-93 with the changes to the list of surplus property as discussed. Larson seconded and the motion carried. B. ORDINANCE 634, ANNEXING THE CARICO AREA: After discussion, Wallace moved to suspend the rule requiring that an ordinance be read on three separate occasions. Larson seconded and on a roll call vote, Wallace, Larson and VanKomen voted Aye. The rule was suspended. Larson then moved to adopt Ordinance 634 and Wallace seconded. The City Attorney read the Ordinance by title. On a roll call vote, Larson, Wallace and VanKomen voted Aye. The motion carried and the chair declared the Ordinance adopted. C.ORDINANCE 631, SALE OF THE OLD GOLF CLUBHOUSE: The Ordinance was reviewed and was held over to the public hearing section of the agenda. D. ORDINANCE 633, BANNING SKATEBOARDS, Second Reading: The City Attorney read Ordinance 633 by title. Larson moved to suspend the rule requiring that an ordinance be read on three separate occasions. Wallace seconded and on a roll call vote, Larson, Wallace and VanKomen voted Aye. Larson then moved to adopt Ordinance 633, Wallace seconded and on a roll call vote, Larson, Wallace and VanKomen voted Aye. The motion carried and the chair declared Ordinance 633 adopted. E. RESOLUTION 23-93, APPROVING AN AGREEMENT ON BIKEPATHS: The Resolution set forth an agreement for a 1995 Bikepath grant from the Idaho Transportation Department. Wallace moved to approve Resolution 23-93 and authorize the Mayor to sign the agreement. Larson seconded and the motion carried. VII. NEW BUSINESS: A. ICRMP MANAGEMENT AGREEMENT: The operational agreement with the Idaho Counties Reciprocal Management Plan was considered. Larson moved to approve the agreement and authorize the Mayor to sign. Wallace seconded and the motion carried unanimously. B. PUBLIC FIREWORKS DISPLAY, JULY 4: The request to conduct a public fireworks display by the Chamber of Commerce was considered. Wallace moved to approve the request. Larson seconded and the motion carried. C. SEWER LINE AGREEMENT, RIO VISTA NO 4, TRITZ'S: Attorney Killen's offer to provide the city with an easement for a sewer line which crosses a lot, contrary to the as built plans, by the Tritz's at the cost of $750 was considered. Wallace moved to approve the agreement as proposed and Larson seconded. The motion carried on a voice vote. D. ORDINANCE 638, BANNING SAFE AND SANE FIREWORKS: The Ordinance was considered. It was not read and, after discussion, it was ordered off of the agenda. E. ORDINANCE 632, REVISING WATER AND SEWER LEGISLATION, FIRST READING: The Ordinance was presented. A question was asked regarding the interest rate on past due accounts. Larson then moved that this interest rate be set out by resolution and the Ordinance amended to reflect that change. Wallace seconded and the motion carried. Ordinance 632 was then read by title and the chair ordered the Ordinance to the next agenda for its second reading. F. RESOLUTIONS 21-93 AND 22-93: These resolutions set certain sewer rates and could not be adopted until Ordinance 632 is passed. Resolution 22-93 addresses septage dumping fees. Bill Bayse and John Bayse asked to discuss this and stated their objections to the increase in the rate to $50 per 1000 gallons. The Chair directed that the Administrator convene a meeting with the appropriate persons to secure the dump facility and plan ways to manage access, with the consent of the Council. VIII. PUBLIC HEARINGS: A. REZONING REQUEST, RICHARD HEHR: The Chair opened the hearing at 8 p.m. The Administrator gave a staff report. Mr. Millemann representing the applicant reviewed the proposals in detail. The Council reviewed the Commission's minutes, their Findings of Fact and Conclusions of Law, and the written staff report. The hearing was opened for public comment. Orson Miller expressed concern about the condition of Old Meadows Road and questioned who would do the maintenance on the road. Hope Miller also appeared and expressed concern about the cul de sac and wetlands adjacent to the property. The Hearing was closed at 8:45 p.m. The Council then took up the matter of approval of the Preliminary Plat. After discussion, Wallace moved to adopt the Findings of Fact and Conclusions of Law of the Commission as those of the City Council except that Items 19 C and H are to be changed to allow a temporary cul de sac and a permanent easement to the Northeast corner of the property. VanKomen seconded and on a roll call vote, Wallace, VanKomen and Larson voted Aye. The motion carried. The Council then took up the question of the cul de sac variance. Wallace moved to approve the variance as a temporary cul de sac as discussed in the plat approval. Larson seconded and the motion carried on a roll call vote with Wallace, Larson and VanKomen voting Aye. The Council then took up the matter of the vacation of certain access easements and replating them on the streets to be created by the subdivision. Larson moved to approve the vacation as requested. Wallace seconded and on a roll call vote, Larson, Wallace and VanKomen voted Aye. The motion carried. The Council then addressed the rezoning request as contained in Ordinance 628. Larson moved to suspend the rule requiring that the Ordinance be read on three separate occasions. VanKomen seconded and on a roll call vote, Larson, VanKomen and Wallace voted Aye. The motion carried. Larson then moved to adopt Ordinance 628. Wallace seconded and on a roll call vote, Larson, Wallace and VanKomen voted Aye and the Ordinance was adopted. The Council then recessed for 10 minutes. B. STEVEN PIERCE, PUD: The hearing was opened at 9:05 p.m. The staff reviewed the staff report, the Findings of Fact and Conclusions of Law of the Planning Commission and the Commission's minutes. Mr. Pierce then presented his plans for the project in detail. The hearing was then opened to public comment. The following persons appeared and were heard: Jim Thackery who supported the need for the project for housing for low and moderate income persons. Carlene Gans who opposed the project density. Wayne Gotesky who noted the petition addressed to the Council of some 80 persons opposed to the project. Tanya Wentz who opposed the project. Betty Woods who opposed the project. John Parker who opposed the project. Eubert Hillman who opposed the project. Gary Vezzoso who expressed concern about the abandonment of the First St. access as part of the street network but who supported the project. Mr. Pierce then rebutted certain claims by opponents. Mr. Parker then responded. Tom Kerr advised of his opposition to the density and his recommendation that First St. right of way be secured. The Chair then closed the hearing and after discussion, Wallace moved to adopt the Commission's Findings of Fact and Conclusions of Law on the matter with the addition that the First Street right of way, 60' wide be added to the conditions of approval and that the condition that the city would assist the project by reapplying for ICDBG funds for the water line and other public facilities to connect an 8" line from Colorado to Mission via Stibnite and if the grant was unsuccessful, the applicant would be required to install those at his cost. Larson seconded the motion and on a roll call vote, Wallace and Larson voted Aye and VanKomen voted No. The motion carried. C. ORDINANCE 631, SALE OF THE GOLF CLUBHOUSE; The Ordinance was reviewed. The public hearing was opened. No one appeared to be heard and the hearing was closed. Larson moved to suspend the rule requiring that the Ordinance be read on three separate occasions. VanKomen seconded and on a roll call vote, Larson, VanKomen and Wallace voted Aye. The motion carried. Larson then moved to adopt Ordinance 631. Wallace seconded and the motion carried on a roll call vote with Larson, Wallace and VanKomen voting in favor. The Council recessed for 5 minutes. VII. NEW BUSINESS, CONTINUED G. ORDINANCE 635, SETTING AN ELECTION FOR WATER REVENUE BONDS; The Administrator and Rick Orton outlined the problems with keeping the Bond issue under $10 million as previously directed and requested further instruction from the Council. Mr. Orton developed an alternate proposal which removed the automatic sprinkler system on the golf course and added certain other lines. The cost of this work was $9.511 million. Adding $455,000 for bond reserves and $25,000 in issuance costs, the total bond issue would be $9.991 million. After lengthy discussion, Wallace moved to approve this amount for the bond issue. Larson seconded and on a roll call, Wallace, Larson and VanKomen voted Aye. Wallace then moved to suspend the rule requiring that an Ordinance be read on three separate occasions. VanKomen seconded and the motion carried on a roll call vote with Wallace, VanKomen and Larson voting Aye. Wallace then moved to adopt Ordinance 635 presenting a $9.991 million Water Revenue Bond to the public for approval and calling for an election. VanKomen seconded and on a roll call vote, Wallace, VanKomen and Larson voted Aye. The motion carried and the Ordinance was adopted. H. RESOLUTION 20-93, ADOPTING A SUMMARY OF ORDINANCE 635: The Resolution 20-93 was considered. Larson moved to approve Resolution 20-93. Wallace seconded and the motion carried unanimously on a voice vote. IX. BOARD, COMMITTEE AND COMMISSION MINUTES REQUIRING ACTION: A. TRANSPORTATION ADVISORY COMMITTEE, JUNE 14, 1993: The committee recommended the adoption of a construction schedule for completion of the Deinhard-Boydstun Connector by 1999. VanKomen moved to adopt the Committee's recommendation. Wallace seconded and the motion carried. X. STAFF REPORTS: A. CITY ADMINISTRATOR'S REPORT: There was no report. B. CITY ATTORNEY'S REPORT: An action of June 22 of the Impact Planning and Zoning Commission was advanced, namely a letter to the Idaho Department of Lands related to a July 1 hearing on the matter of leasing island land in Payette Lake. VanKomen moved to authorize the Mayor to send the letter as recommended by the Impact Commission. Wallace seconded and the motion carried. C. CITY TREASURER'S REPORT: 1. REQUEST FOR UTILITY BILL ADJUSTMENT, DEBRA PACKARD: Resolution 19-93 was presented. After discussion the Council determined to require payment of the penalty and to forgive the interest. VanKomen so moved, Wallace seconded and the motion carried. 2. MID -YEAR BUDGET REPORT: A written report outlining the need for a mid -year amendment to the budget and requesting that the Council conduct a hearing on July 8 at 8 p.m. was presented. Wallace moved to set the hearing and authorize the staff to advertise it as requested. Larson seconded and the motion carried on a voice vote. XI. PUBLIC COMMENTS; There were none. XII. MAYOR AND COUNCIL COMMENTS AND REPORTS: There were none. XIII. CORRESPONDENCE: Letters from Mike Anderson and Gary Ertter both resigning from the City Planning and Zoning Commission were noted. XIV. INFORMATION ITEMS; The following were listed on the agenda: A memo from Mayor Smith regarding his absence. Action Update as of June 11 Valley County Board of Commissioner minutes of June 8 and 14, 1993. XV. ADJOURNMENT; At 11:57, Wallace moved to adjourn, VanKomen seconded and the motion carried.