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Council 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.