HomeMy Public PortalAboutCouncil Minutes 1993 07/28MCCALL CITY COUNCIL
MINUTES
JULY 28, 1993
I. CALL TO ORDER AND ROLL CALL:
Mayor Smith called the meeting to order at 7:10 p.m.
Councilmen VanKomen, Larson, Wallace and LeBrett answered the
roll call. The Mayor declared a quorum present.
II. MINUTES:
The minutes of the regular meeting of July 8 were considered.
LeBrett moved to approve the July 8 minutes. Larson seconded and
the motion carried. The minutes of the special meeting of July
19 were considered. Wallace moved to accept the minutes. Larson
seconded and the motion carried.
III. PAYMENT OF CLAIMS:
Payroll reports for July 20 and 27 were considered. LeBrett
moved to approve the payroll reports as presented. Wallace
seconded and the motion carried.
Voucher reports dated July 19 and July 26 were presented.
Questions regarding expense reports for the AIC convention were
discussed and staff was directed to review the policy on per diem
reimbursement. Wallace then moved to approve the voucher
reports of July 19 and July 26. VanKomen seconded and the motion
carried.
The Final Pay request for the Aeration System Repairs at the
Wastewater Treatment Plant was presented. VanKomen moved to
approve Pay request No. 3 from Bezates Construction for
$15,388.20. Wallace seconded and the motion carried.
IV. CONSENT CALENDAR:
There were no items listed and no action taken.
V. CALL FOR ADDITIONAL ITEMS:
Councilman Wallace asked that the IDOT be contacted to
follow-up on the recent traffic counts conducted in the city. It
was so ordered.
VI. OLD BUSINESS:
A. ORDINANCE 632, AMENDING SECTIONS OF THE CITY CODE RELATED
TO WATER AND SEWER UTILITIES, THIRD READING:
The City Attorney read the Ordinance by title. VanKomen
moved to adopt Ordinance 632 as it had been amended by Council
instruction on the occasion of the first reading. LeBrett
seconded and on roll call vote, VanKomen, LeBrett, Larson and
Wallace voted Aye. The Mayor declared the motion carried and the
ordinance adopted.
B. RESOLUTION 21-93, ADOPTING RATES FOR WATER AND SEWER
SERVICES, PURSUANT TO ORDINANCE 632;
The interest rate of 18% was discussed. After discussion,
LeBrett moved to adopt Resolution 21-93 as amended reflecting a
12% (1% per month) annual interest rate. VanKomen seconded and
the motion carried unanimously on a voice vote.
C. RESOLUTION 22-93, ADOPTING RATES FOR SEPTAGE DUMPING:
A memo from the Administrator was reviewed reflecting the
outcome of the meeting with septic pumping operators and Central
District Health Department. After discussion, LeBrett moved to
adopt Resolution 22-93 as amended to provide interest and
penalties for late payment of fees and to reflect a rate as
recommended of: A minimum charge of $10 which would cover loads
up to 400 gallons; for loads over 400 gallons, $2.50 per 100
gallons. Wallace seconded and the motion carried.
D. GOLF PRO CONTRACT:
Mayor Smith presented the final contract which had been
agreed to by Carl Hoss. There was discussion about the payment
of salaries to relatives and the council asked that payroll data,
including sums paid to relatives, be included in the required
reporting documents. Larson then moved to approve the amended
contract and authorize the Mayor to sign. LeBrett seconded and
the motion carried.
The Council recessed from 7:55 to 8:05 p.m.
VII. PUBLIC HEARINGS:
A. WHITE-LEASURE REZONING REQUEST:
The request to rezone 20 acres of property zoned A
residential to Zone C was discussed in a staff report. There
were no declarations by the Council. The hearing was opened to
public comment. Larry Leasure detailed the plans for the
Marketplace, a mall development on the site. Dennis Shaver,
President of Shavers Inc. also discussed the layout of the
proposed grocery store. No one appeared opposed and the
neighborhood support from the file was entered upon the record.
At 8:30 p.m. the hearing was closed to public comment and
returned to the Council table. Wallace moved to adopt the
Findings of Fact and Conclusions of Law of the Planning and
Zoning Commission as those of the City Council and to approve the
rezoning request. LeBrett seconded and the motion carried
unanimously.
In addition to the above hearing, the request by the same
applicants to vacate Eismann St. was addressed in the Planning
and Zoning Commission minutes of July 20. The Mayor moved the
agenda to address this item. The staff discussed the vacation of
Eismann St.and reviewed the conditions and requirements laid on
the Commission as a part of its approval. After discussion of
the condition of the deed on the city owned parcel at the corner
of Deinhard and Highway 55, Larson moved to adopt the Planning
and Zoning Commission's Findings of Fact and Conclusions of Law
on the matter as those of the City Council. LeBrett seconded and
the motion carried.
The staff then requested direction in dealing with the
property at the corner of Highway 55 and Deinhard.Lane. The
direction given was to secure a title report on the property and
further discuss the matter with Council.
The staff then requested direction from the Council on the
approval of the building permit for the Shaver's new store
construction specifically knowing that the water available is
only 900 gpm. 1500 gpm is required by the Fire Code. Staff noted
that new construction of cinderblock, the building would be
sprinkled and with new compressors and light ballasts the risk
of fire would be minimal for 2-5 years. Further, the staff
recommended that no additional buildings be built in the proposed
complex until 1500 gpm is available. The staff asked for
direction to avoid appeal of a building permit denial. After
lengthy discussion, Wallace moved to direct staff to approve the
building permit related to the water availability deficiency with
the conditions outlined above. VanKomen seconded and the motion
carried.
VI. OLD BUSINESS, CONTINUED
D. LID NO. 3, SPRING MOUNTAIN RANCH
1. ORDINANCE 641, AUTHORIZING SALE OF BONDS
The council received Ordinance 641 and reviewed it. The
City Attorney read the Ordinance by title. Wallace moved to
suspend the rule requiring that an ordinance be read on three
separate occasions. VanKomen seconded and on a roll call vote,
Wallace, VanKomen, Larson and LeBrett voted Aye. The Mayor
declared the motion carried and the rule suspended.
Wallace then moved to adopt Ordinance 641. LeBrett
seconded. On a roll call vote, Wallace, LeBrett, Larson and
VanKomen voted Aye. The Mayor declared Ordinance 641 adopted.
2. ORDINANCE 642, AMENDING ORDINANCE 630:
Ordinance 642 was presented and read by title by the
City Attorney. Wallace moved to suspend the rule requiring that
the Ordinance be read on three separate occasions. Larson
seconded. On a roll call vote, Wallace, Larson, VanKomen and
LeBrett voted Aye. The Mayor declared the rule suspended.
Larson then moved to adopt Ordinance 642. VanKomen
seconded and on a roll call vote, Larson, VanKomen, LeBrett and
Wallace voted Aye. The Mayor declared Ordinance 642 adopted.
3. RESOLUTION 24-93, SUMMARIZING ORDINANCE 641:
Wallace moved to adopt Resolution 24-93. Larson seconded
and the motion carried unanimously on a voice vote.
4. RESOLUTION 25-93, SUMMARIZING ORDINANCE 642:
Wallace moved to adopt Resolution 25-93. Larson seconded
and the motion carried unanimously on a voice vote.
5. AGREEMENT WITH GOLF WEST, INC:
The agreement was reviewed and Attorney Miller explained
it in detail. Wallace moved to approve the agreement and
authorize the Mayor to sign. Larson seconded and the motion
carried.
E. TRITZ EASEMENT, SEWER LINE:
The signed easement was presented to the Council and
VanKomen moved to accept the easement as provided. Wallace
seconded and the motion carried.
F. GARNET BEACH DOCK SITE AGREEMENT;
Dorval Larson appeared and advised that the price was not
that agreed to by the Council at previous meetings. LeBrett
moved to approve the agreement and that if the price was earlier
recommended by the Council to be lower, to approve that
insertion, and that the first payment be June 1, 1994. Wallace
seconded and the motion carried.
VIII. NEW BUSINESS:
A. ORDINANCE 646, PROHIBITING BARBED WIRE FENCING IN THE
CITY:
The Ordinance was read by title by the City Attorney.
Wallace moved to suspend the rule requiring that the Ordinance be
read on three separate occasions. LeBrett seconded. On a roll
call vote, Wallace, LeBrett, Larson and VanKomen voted Aye. The
Mayor declared the motion carried and the rule suspended.
Wallace then moved to adopt Ordinance 646. Larson seconded
and on a roll call vote, Wallace, LeBrett, Larson and VanKomen
voted Aye. The Mayor declared the Ordinance adopted.
B. RUSTIC VILLAGE WATER LINE:
A memo from the Administrator was noted recommending that
the city provide materials and engineering for the project. A
work order from Toothman-Orton was also noted. After discussion,
VanKomen moved to approve the city's participation in the project
and to approve the Engineering work order. Wallace seconded and
the motion carried unanimously.
C. APPLICATION FOR 1994 IDAHO BUREAU OF AERONAUTICS GRANTS
FUNDS:
An application for funds for the 1994 to match the FAA grant
for 1994 was considered. LeBrett moved to authorize the
application and the mayor's signature on the application. Larson
seconded and the motion carried.
D. REQUEST FOR PROPOSALS, ENGINEERING REVIEW OF WATER MASTER
PLAN:
LeBrett moved to approve the RFP and authorize publication.
VanKomen seconded and the motion carried unanimously.
E. CAPITALIZATION FEES, BEST WESTERN MOTEL:
The water capitalization fee did not appear correct and the
Council asked to have this reviewed and returned to them at the
next meeting.
IX. BOARD,COMMITTEE,AND COMMISSION MINUTES REQUIRING ACTION:
A. IMPACT PLANNING AND ZONING COMMISSION, JUNE 22, 1993:
1. QUAKER HILL, VARIANCE REQUEST TO PLACE A MOBILE HOME:
The Council reviewed the minutes on the matter, and the
Findings of Fact and Conclusions of Law. 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 on
a voice vote, the motion carried unanimously.
2. MORATORIUM ON THE PROPOSED B-2 ROUTING FOR HIGHWAY 55:
The Commissions minutes and recommendations on the moratorium as
proposed by the Idaho Department of Transportation were
considered. Wallace moved to accept the Commission recommendation
not to implement a permanent moratorium. LeBrett seconded and the
motion carried.
3. ELIZABETH CLARK, SPECIAL USE APPLICATION;
The Council reviewed the Commission minutes and their
Findings of Fact and Conclusions of Law on the matter. After
discussion, VanKomen moved to approve the setback variance as
recommended and the adopt the Commissions Findings and
Conclusions as those of the City Council. Wallace seconded and
the motion carried unanimously on a voice vote.
Two other actions on the minutes, the Final Plat of Ping
Creek Subdivision and the Woody's Island project had previously
been acted upon by the Council.
B. IMPACT PLANNING AND ZONING COMMISSION, JULY 13, 1993:
The matter discussed in the minutes requires a second
hearing which has been scheduled for the City Council and the
minutes were filed without action at this time.
C. CITY PLANNING AND ZONING COMMISSION MINUTES OF JULY 6, 1993:
1. WHITE LEASURE REZONING: This matter was the subject of
the hearing earlier on the agenda.
2. SLOAN, SPECIAL USE PERMIT: The Council reviewed the
minutes of the Commission and their Findings of Fact and
Conclusions of Law on the matter. After discussion the Council
wished to add a limitation of a building permit issuance for the
project by July 28, 1994 or the Special Use Permit would expire.
With that amendment to the Conclusions, Wallace moved to adopt
the amended Findings and Conclusions and to approve the request.
Larson seconded and the motion carried unanimously.
3. TIMBERLOST VI REPLAT, D & D DEVELOPMENT:
The Final Plat for the amended plat of the project was
considered. The Commission's recommendation and their Findings
of Fact and Conclusions of Law on the matter were reviewed.
Larson then moved to approve the final plat as recommended.
Wallace seconded and the motion carried. VanKomen abstained.
4. FINAL PLAT, BEAR BASIN ESTATES;
The Final plat for Bear Basin Estates was reviewed. The
Commission's recommendations and Findings of Fact and
Conclusions of Law were reviewed. Larson then moved to approve
the final plat as recommended. Wallace seconded and the motion
carried.
5. MURPHY REPLAT, PRELIMINARY AND FINAL APPROVAL:
This request to combine certain non -conforming lots into a
conforming lot was reviewed and the Commissions recommendations,
minutes and Findings of Fact and Conclusions of Law were
reviewed. Wallace moved to adopt the Findings and Conclusions of
the Commission as those of the City Council and to approve the
preliminary and final replat as recommended. Larson seconded and
the motion carried unanimously.
D. CITY PLANNING AND ZONING COMMISSION MINUTES, JULY 20,1993:
1. GORE, SPECIAL USE PERMIT APPLICATION, GOLDEN'S RV PARK:
The Council reviewed the Commission's minutes and
Findings of Fact and Conclusions of Law on 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
special use permit as recommended. Larson seconded and the
motion carried.
2. MAURICE BROWN, PARKING VARIANCE REQUEST:
The Council reviewed the Commission's recommendations
and its Findings of Fact and Conclusions of Law on the matter.
The Council asked to amend Item No. 6 and after discussion,
VanKomen moved to adopt the Commissions Findings and Conclusions
as amended as those of the Council and to approve the request.
Larson seconded the motion and on a voice vote, the motion
carried unanimously.
3. WHITE LEASURE STREET VACATION REQUEST, EISMANN ST.:
The matter was dealt with earlier in the agenda.
4. SMOCK, VARIANCE APPLICATION:
The Council reviewed the Commission's minutes and
Findings of Fact and Conclusions of Law on the matter. Larson
moved to approve the request as recommended and to adopt the
Findings and Conclusions of the Commission as those of the City
Council. VanKomen seconded and the motion carried.
E. GOLF COURSE ADVISORY COMMITTEE MINUTES, JULY 7, 1993:
There were no action items and the minutes were ordered
for filing.
F. PARK AND RECREATION ADVISORY COMMITTEE MINUTES OF JULY 22,
1993:
1. MOUNTAIN TRIATHALON:
The Committee recommended that a special use park
permit be issued for the event with certain conditions outlined
in the minutes of July 22. Mr. Ravello appeared and requested
that the fee be waived. Wallace moved that the permit be issued
and that the fee be waived. VanKomen seconded and the motion
carried unanimously.
2. CONCESSION SALES, FAIRWAY PARK:
The recommendation for concession services in Fairway
Park was considered. VanKomen moved to adopt the Committee's
recommendation as presented. Larson seconded and the motion
carried.
X. STAFF REPORTS:
A. CITY ADMINISTRATOR'S REPORT:
The Administrator submitted a written report. One item
requiring action was considered. The staff recommended the
budget hearing for FY 1994 be scheduled for September 9, 1993 at
8:00 p.m. Wallace moved to set the hearing as recommended.
Larson seconded and the motion carried.
B. CITY ATTORNEY'S REPORT:
The attorney updated the Council on various pending
matters.
C. CITY TREASURER'S REPORT:
There was no report and no action taken.
XI. PUBLIC COMMENT;
No one appeared to be heard.
XII. MAYOR AND COUNCIL COMMENTS AND REPORTS;
The Mayor asked that the Council reserve the week of August
16 to conduct its budget deliberations starting that date from 1
to 5 p.m.
The Mayor asked to be permitted to spend up to $5000 to
promote the Water Revenue Bond. After discussion, Wallace moved
to permit the Mayor to spend up to $1500 promoting the water
revenue bond. LeBrett seconded and the motion carried.
The Mayor then asked the Council to meet in special session
at 12 noon on August 5 to meet with the city attorney regarding
the Kalman litigation. That meeting would be conducted in
Executive Session with the McCall Urban Redevelopment Board.
A special call notice will be issued.
XIII. CORRESPONDENCE AND INFORMATION ITEMS:
Wallace moved to acknowledge receipt of the information items,
VanKomen seconded and the motion carried. Those items are:
Action Update as of July 12, 1993
Letter of Thanks from Special Olympics
IDT public meeting schedule
Memo from Montgomery Watson regarding the Pilot Plant work
Memo from the Administrator to Carl Hoss
Schedule of meetings of the McCall Hospital Board
A status report on NPDES permit process
Notice of lease termination by National Weather Station
Invitation to Ground breaking, Spring Mountain Ranch
A letter from Toothman-Orton regarding meter technology
A letter from Iola Ennor
AIC City Report, July 21, 1993
XIV. ADJOURNMENT;
At 11:42 p.m ., Wallace moved to adjourn. VanKomen seconded
and the motion carried.