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Council Minutes 1993 09/09MCCALL CITY COUNCIL MINUTES SEPTEMBER 9, 1993 I. CALL TO ORDER AND ROLL CALL: Mayor Smith called the meeting to order at 7:10 p.m. Councilmen VanKomen, LeBrett and Larson answered the roll call. Wallace was excused due to illness. The Mayor declared a quorum present. II. MINUTES: The minutes of the regular meeting of August 26 were considered. VanKomen moved to approve the minutes as presented. LeBrett seconded and the motion carried. The minutes of the special meeting of September 3 were presented. LeBrett moved to approve the minutes for September 3. VanKomen seconded and the motion carried. III. PAYMENT OF CLAIMS: Payroll Reports dated August 25 and August 31 were submitted. Larson moved to approve both payroll reports. VanKomen seconded and the motion carried. A Voucher Report dated September 6, 1993 was considered. LeBrett moved to pay the claims as presented. VanKomen seconded and the motion carried. IV. CONSENT CALENDAR: The Airport Committee minutes of August 26, the recommendations of which had been previously acted upon, was the only item listed. VanKomen moved to approve the consent calendar. LeBrett seconded and the motion carried. V. OLD BUSINESS: A. SUBDIVISION AGREEMENT, SPRING MOUNTAIN RANCH, PHASE I: The agreement was presented to the City Council. Other updated agreements, listed on the agenda, were not available and were removed from the agenda. VanKomen moved to approve the Subdivision agreement with Spring Mountain Ranch, Phase I. LeBrett seconded and the motion carried. B. PLANS AND SPECIFICATIONS, CALL FOR BIDS, AIRPORT IMPROVEMENT PROJECT, 1994; Kim Allen, Toothman-Orton Engineering, presented the plans and specifications for the project. It was noted that the advertisement would occur only when the FAA had approved the DBE goals for the project. VanKomen moved to approve the plans and specifications for the project and to authorize the call for bids. Larson seconded and the motion carried unanimously. C. AIRPORT SEWER WORK, WORK ORDER FOR DESIGN, TOOTHMAN-ORTON ENGINEERING CO. A work order for the design of this project, to be bid with the airport project, but not FAA grant eligible, to be paid by the sewer fund was considered. LeBrett moved to approve the work order as presented. VanKomen seconded and the motion carried. D. ADOPTION, WATER SYSTEM MASTER PLAN: The draft document was distributed at the prior meeting. After discussion, VanKomen moved to adopt the 1993 Water System Master Plan. LeBrett seconded and the motion carried unanimously. E. ORDINANCE 652, AIRPORT AREA ANNEXATION: The Ordinance was presented. 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 LeBrett voted Aye. The Mayor declared the motion carried and the rule suspended. The City Attorney then read the Ordinance by title. Larson then moved to adopt Ordinance 652. VanKomen seconded. On a roll call vote, Larson, VanKomen, and LeBrett voted Aye. The Mayor declared Ordinance 652 adopted. F. LETTER FROM IDAHO TRANSPORTATION REGARDING TRAFFIC SIGNALS: The letter was noted and the local funding was directed to be included in the Capital Improvement Program. VI. NEW BUSINESS: A. SECOND OPINION, WATER SYSTEM ENGINEERING REPORT: Staff reviewed the response to the Request for Proposals. After discussion, VanKomen moved to execute a contract with HDR, Inc. for a lump sum of $8000 for the second opinion report on the water system master plan. Larson seconded and the motion carried. B. BOND REGISTRAR, PAYING AGENT AGREEMENT, SPRING MOUNTAIN RANCH LID BONDS: The agreement with Westone was presented. VanKomen moved to approve the agreement and authorize the Mayor to sign. LeBrett seconded and the motion carried. C. REVISED BUILDING CODE, TITLE II, MCCALL MUNICIPAL CODE: Ordinance 604, Resolution 35-93, Resolution 36-93 and Resolution 37-93 were presented. The Council asked if the matter had been referred to the Building Standards Advisory Committee. It had not. Larson then moved to table the matter until a committee recommendation had been received. D. RESOLUTION 39-93, A SECURITY DEPOSIT AND FINANCIAL MANAGEMENT AGREEMENT WITH WESTONE BANK, SPRING MOUNTAIN RANCH LID; VanKomen moved to adopt the Resolution. Larson seconded and the motion carried unanimously. E. AMENDED NOTICE OF CLAIM, PIONEER AVIATION: Larson moved to acknowledge receipt of the Notice and confirm the Clerk's referral of the matter to the City Attorney and Insurance carrier. LeBrett seconded and the motion carried. F. NOTICE OF CLAIM, EVA BRUNZELL: The staff noted that this claim had been processed and refused by the carrier in that it was submitted too late. Mrs. Brunzell had talked to staff within the filing period and based on the allegations, recommended that the City pay this claim. LeBrett moved to pay the claim for $175. Larson seconded and the motion carried. G. NOTICE OF CLAIM, GUNNY PAGNOTTA: VanKomen moved to acknowledge receipt of the claim and the Clerk's referral of the matter to the City Attorney and the Insurance carrier. LeBrett seconded and the motion carried. VII. BOARD, COMMITTEE AND COMMISSION MINUTES REQUIRING ACTION: A. AIRPORT ADVISORY COMMITTEE, SEPTEMBER 1, 1993: 1. Sale of CAP shack: The Committee recommended that the building be declared surplus to the city's needs and offered for sale. VanKomen moved to declare the building surplus and to direct the clerk to notice the building for sale. LeBrett seconded and the motion carried. 2. Old NDB: The old NDB equipment is of interest to the Warbirds museum at Caldwell Airport. VanKomen moved to declare the equipment surplus and give it to the Warbirds Museum in Caldwell for display. LeBrett seconded and the motion carried. 3. Mission Statement: The Committee recommended that the Chamber of Commerce position be deleted and that the position become an at -large member and that the incumbent remain in the position during the 1994 Improvement project. VanKomen seconded and the motion carried. VIII. PUBLIC HEARINGS, 8 P.M.: A. FY 1993-1994 BUDGET HEARING, ORDINANCE 648: The noticed hearing on the proposed 1993-1994 Appropriations Ordinance was opened to public comment. Bill Killen appeared and asked that the city's tape recording equipment be repaired. No one else appeared to be heard. The hearing was closed. Ordinance 648 was taken up by the Council. VanKomen moved to suspend the rule requiring that an Ordinance be read on three separate occasions. Larson seconded. On a roll call vote, VanKomen, Larson and LeBrett voted Aye. The Mayor declared the motion carried and the rule suspended. VanKomen then moved to adopt the Appropriation Ordinance, No. 648. LeBrett seconded. On a roll call vote, VanKomen, LeBrett and Larson voted Aye. The Mayor declared the motion carried and the Ordinance adopted. Resolution 32-93 was then taken up by the Council, which announced the increase in ad valorem taxes. VanKomen moved to adopt Resolution 32-93. LeBrett seconded and the motion carried. The Certification Form to the County was then taken up. VanKomen moved to approve the certification as presented. LeBrett seconded and the motion carried. B. LOCAL IMPROVEMENT DISTRICT NO. 2, RIVERSIDE SUBDIVISION: The Administrator reviewed the progress of this project. Kim Allen, engineer for the project, reviewed the Engineering report. Mike Moore, Bond Counsel, also advised the Council on the process for the hearing and the LID. The Hearing was then opened to public comment. The following persons appeared and were heard: Jerry Holowitz, who opposed the project; David Byars, who supported the project; Duane Smith, who agreed with Mr. Holowitz; Clyde Archer, who asked that the benefit formula be revised; Marion Johnson, who opposed the project as an unfair burden; There followed the testimony a general discussion of waiver of hook-up fees, tax payments for the improvements, and other aspects of the project. With no one else appearing to be heard, the hearing was closed. The Council then discussed the matter and asked staff to survey the owners for support of this project. With consent of the Council, the Mayor directed that the hearing be continued until 8 p.m. on October 14, 1993. C. ANNEXATION, RIO VISTA AREA: The noticed hearing on the matter was begun with an updated staff report including comments on the consistency with the Comprehensive Plan and estimated tax costs to property owners. The hearing was opened for public comment and the following persons appeared and were heard: Stan Sears, who opposed the annexation; Tracy Beck, who opposed the annexation; Richard McChrystal, who supported the annexation; Ralph Colton, who asked the benefit of the annexation; Bill Killen, who supported the annexation; Ray Smith, who opposed the annexation; David Byars, who opposed the annexation; Robert Jones, who opposed the annexation; Brian McMahan, who opposed the annexation; Susan Jorgenson, who opposed the annexation; Oswald Van, who had no opinion on the annexation; At 10:30 p.m. the hearing was closed to public comment. The Clerk read a letter from Ken Busby, favoring the annexation, into the record. It was clarified that for the record that only Area I, identified in the staff report, was being considered for annexation. Ordinance 653 was introduced to effect the annexation of Area I. VanKomen moved to suspend the rule requiring that an Ordinance be read on three separate occasions. Larson seconded and on a roll call vote, VanKomen, Larson and LeBrett voted Aye. The Mayor declared the motion carried and the rule suspended. Ordinance 653 was read in full by the City Attorney. VanKomen moved to adopt Ordinance 653. Larson seconded and on a roll call vote, VanKomen, Larson, and LeBrett voted Aye. The Mayor declared the motion carried, the Ordinance adopted and the area annexed upon publication of the Ordinance. IX. PUBLIC FORUM; 1% RESORT CITY TAX ELECTION: The Mayor noted his analysis of the costs per family of the sales tax proposal. The following persons appeared and were heard: Bill Killen, who supported the tax proposal; Mike Pederson, Paul's Market, who opposed the proposal; Henry Dalyrimple, Lumberman's, who opposed the proposal and submitted a petition signed by the Lumberman's employees opposing the proposal; Rick Fereday, May Hardware, who asked that the matter be put on the ballot; Jim Hardy, Sports Marina, who asked that large items be exempted; Larry Bouck, Shaver's, who opposed the proposal; Rod Neilson, Si Bueno, who asked that the matter be placed on the ballot; Herb Mitchell, Forester's Club, favored the general sales tax rather than the liquor by the drink and bed taxes; Tom McReynolds, asked that downtown parking be included in the improvements proposed for the use of the tax; Harry Stathis, Harry's dry Dock, who favored the proposal if big ticket items were exempted and if snowmobile access on the bridge were provided; Dan Krahn, Krahn's, asked certain questions about the proposal; Scott Findlay, Findlay Real Estate, asked if downtown parking would be included and whether a county -wide tax would be preferable; Julie Eddins appeared and asked questions about the proposal; Resolution 38-93 proclaiming a special election on the 1% resort city tax on November 2, 1993 was presented. Larson moved to adopt Resolution 38-93. LeBrett seconded and the motion carried unanimously. VI. NEW BUSINESS, CONTINUED; H. ORDINANCE 650, DIRECT ELECTION OF A MAYOR; The Ordinance would have provided for direct election of a Mayor at the next general election. The Council discussed the matter and elected to take no action. I. RESOLUTION 40-93, SETTING A GENERAL ELECTION ON NOVEMBER 2, 1993: A draft resolution was presented. The decision on Ordinance 650 required that the draft be rewritten to reflect the election of 5 Councilmen. VanKomen moved to adopt Resolution 40-93 as amended to conform with the Council's action and state code requirements. LeBrett seconded and the motion carried. J. CITY MANAGER SELECTION: The Mayor asked to begin recruiting, advertising and qualifying applicants. The staff advised that the process of selection was reserved to the new City Council and that the advertisement contained various assumptions which had not been determined. VanKomen moved to authorize the Mayor to advertise for a City Manager in the Northwest. LeBrett seconded and the motion carried. VII. BOARD, COMMITTEE AND COMMISSION MINUTES REQUIRING ACTION, CONTINUED; B. GOLF COURSE ADVISORY COMMITTEE, SEPTEMBER 1, 1993: The Committee recommended that the Senior Tournament be included in the list of free play tournaments identified in the Golf Pro contract. Larson moved to reject the Committee's recommendation. VanKomen seconded and the motion carried. C. CITY PLANNING AND ZONING COMMISSION, AUGUST 31, 1993: 1. Worden Variance Request: After discussion, VanKomen moved to direct the Mayor to schedule a second hearing on the matter. Larson seconded and the motion carried. 2. Laidlaw, Special Use Permit: The review of the permit and continuation with certain additional conditions was recommended by the Commission. VanKomen moved to approve the continuation of the permit and to adopt the Findings of Fact and Conclusions of Law of the Commission as those of the City Council. LeBrett seconded and the motion carried unanimously. X. STAFF REPORTS: A. CITY ADMINISTRATOR'S REPORT: A request by First Security Bank to permit the City's engineers to release information to them related to the Spring Mountain Ranch development was noted. LeBrett moved to authorize the engineer's to release the information requested. VanKomen seconded and the motion carried unanimously. Staff noted that a forum on the recreation program had been set off until fall. The Council asked that a special meeting on October 7 be scheduled for this purpose. B. CITY ATTORNEY'S REPORT: The easement for a storm drain across the Woodsman Motel property was discussed. Alternative routings were discussed and no action was taken. C. CITY TREASURE'S REPORT; The Financial report for 11 months of FY 1992-1993 was presented as was the monthly report for August 1993. These were for information and no action was required or taken. Resolution 34-93 was presented to adjust the utility bill of Tomas Welsh. VanKomen moved to approve the adjustment and adopt Resolution 34-93. Larson seconded and the motion carried. XI. PUBLIC COMMENT; No one appeared to be heard. XII. MAYOR AND COUNCIL COMMENTS AND REPORTS: There were no reports. XIII. CORRESPONDENCE AND INFORMATION ITEMS; A letter from IDT regarding the "free" Rose Lake Bridge was listed on correspondence. The following were listed as information items; 1993 Election calendar, Action Update as of August 31, AIC City Report dated September 1, 1993. VanKomen moved to accept the correspondence and information items. LeBrett seconded and the motion carried. XIV. ADJOURNMENT: At 1:35 a.m., VanKomen moved to adjourn. Larson seconded and the motion carried. Mayor