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Council Minutes 1993 09/23MCCALL CITY COUNCIL MINUTES SEPTEMBER 23, 1993 I. CALL TO ORDER AND ROLL CALL: Mayor Smith called the meeting to order at 7:05 p.m. Councilmen VanKomen, LeBrett, Wallace and Larson answered the roll call. The Mayor declared a quorum present. II. MINUTES: The minutes of the regular meeting of September 9, 1993 were presented. VanKomen moved to approve the minutes. LeBrett seconded and the motion carried. III. PAYMENT OF CLAIMS: The Payroll Report dated September 14 was considered. Wallace moved to approve the report. LeBrett seconded and the motion carried. The Voucher Report dated September 21 was presented. VanKomen moved to approve the payment of the claims. Wallace seconded and the motion carried. IV. CONSENT CALENDAR: The amended Mission Statement for the Airport Advisory Committee was the only item listed. LeBrett moved to approve the Consent Calendar. VanKomen seconded and the motion carried. V. ADDITIONAL ITEMS: The City Attorney asked that the Subdivision Agreement with Richard Hehr regarding Meadowlake Subdivision be placed on the agenda under Old Business. The Mayor so ordered. VI. PUBLIC HEARING: MAURICE BROWN, VARIANCE REQUEST: The Mayor recognized Steve Millemann, Attorney for the Browns who advised the Council that he was withdrawing the application based on changes to the plans for renovation and that he believed that the building retained rights to operate as a commercial space. He advised that he would write a letter or submit a permit application and requested a staff response within 30 days of its receipt. He asked that the hearing be vacated. The Council asked that the City Attorney prepare a written opinion on the matter for the next meeting. VII. OLD BUSINESS; A. CASCADE RESERVOIR PRESENTATION, DON LOJAK, PRESIDENT; Mr. Lojak appeared and appealed to the City Council to move ahead with the Wastewater Treatment Plant planning and pursuit of the land application treatment process which was recommended. He asked that he receive a copy of the Facility Plan Update and it was so ordered. Monette Baldwin and Dorthy Ireland also appeared and commented. Staff responded with a brief history of action taken by the city to date. B. SPRING MOUNTAIN RANCH, AGREEMENTS: The Road, Golf and Water agreements, listed on the agenda were not ready for presentation. The issue of the gravel for the bypass road was discussed. Councilman Wallace reported that he had asked that the slope be left at 3:1 and that no trees be removed from the site. After discussion, Larson moved to stop extraction from the pit at the close of business on Friday September 24 until the city had received an engineer's estimate of the quantity for the bypass road to which the city is obligated and the amounts removed to date. VanKomen seconded and the motion carried. C. HDR, ENGINEERING, SECOND OPINION, WATER SYSTEM PLAN: The Attorney reported that the contract was not complete and withdrew the item from the agenda. D. WORDEN VARIANCE, This matter was before the Council at the prior meeting and the Council had acted to schedule a second hearing on the matter. Rick Van Noy requested that the Council reconsider its prior action. Larson moved to reconsider the motion setting a second hearing. VanKomen seconded and the motion carried. The Council then reconsidered the motion to set a second hearing on the Worden Variance application. On a voice vote the motion failed. Mr. Van Noy then addressed the Council reviewing the request. Mr. Worden commented. After discussion, Larson moved to approve the Variance and adopt the Findings of Fact and Conclusions of Law of the Planning Commission in the matter. E. WATER SYSTEM: (1) WATER BOND ISSUE, STRATEGY The City Treasurer presented a written report on the questions related to issuing bonds for sale. After discussion, Wallace moved to issue bonds in two intervals, in January 1994 and approximately March 1995, to bid the issues and to avoid enhancing the creditworthiness by rating, insurance or letters of credit. VanKomen seconded and the motion carried. (2) TASK ORDER NO. 4 AND PRIORITY SETTING: Mr. Orton discussed the task order as prepared. The question of liability coverage was debated and a lengthy discussion followed. Mr. Orton suggested that items 10, 13, 15, 16, 17, 18, 19, 20 and 25 be delete from this task order and that item 24 be reduced to provide only 25% design drawings. VanKomen then moved to approve Task Order 4, with the above stated amendments and to direct staff to negotiate with HDR, the production of the second opinion to December 1, 1993. Wallace seconded and the motion carried unanimously. The Council also directed staff and the engineers to negotiate a fixed fee contract covering the completion of the work for presentation in December or January 1994. F. RESOLUTION 42-93, A RESOLUTION MEMORIALIZING THE CANVAS OF BALLOTS ON SEPTEMBER 3 FOR THE AUGUST 31, WATER BOND ELECTION: Bond Counsel requested the ballots be polled for this election by resolution. VanKomen moved to adopt Resolution 42-93. Larson seconded and the motion carried. G. AGREEMENT WITH STEIN AND ECKHART REGARDING RIGHT OF WAY FOR THE BOYDSTUN CONNECTOR; The City Attorney presented the agreement. After discussion, Wallace moved to approve the agreement and authorize the Mayor to sign after the other parties had signed. LeBrett seconded and the motion carried. H. MEADOWLAKE ESTATES, SUBDIVISION AGREEMENT, RICHARD HEHR: The Subdivision agreement was presented by the City Attorney which noted the alternate method of securing the improvements. VanKomen moved to approve the agreement and authorize the Mayor to sign, contingent upon the receipt of Engineer's estimates or copies of executed contracts for the improvements. Larson seconded and the motion carried. VIII. NEW BUSINESS: A. SUNSET SUBDIVISION, LAND OWNERSHIP ISSUE, LETTER FROM CARL KERRICK; The issue related to the question of the ownership of a 10' wide strip of land from E. Lake to the Lake. After discussion, VanKomen moved to refer the issue to the Park and Recreation Advisory Committee for recommendation. Wallace seconded and the motion carried. B. MUTUAL AID AGREEMENT, ADAMS COUNTY SHERIFF AND CITY; The agreement was presented. Wallace moved to approve the agreement and authorize the Mayor to sign. Larson seconded and the motion carried. C. LID PETITION, JASPER SUBDIVISION; A petition by 60% of the resident property owners was received requesting pavement in the subdivision. After discussion, Wallace moved to direct staff to secure a work order for engineering of the LID. Larson seconded and the motion carried. D. RESOLUTION 41-93, LID NO 3, SPRING MOUNTAIN RANCH, CONSENT TO ASSIGNMENT; The Resolution and agreement with First Security Bank were presented. VanKomen moved to adopt Resolution 41-93 and authorize the Mayor to sign the agreement. LeBrett seconded and the motion carried. E. DUMP TRUCK, APPROVAL OF SPECIFICATIONS AND CALL FOR BID: After discussion, the Council asked that the bids show the cost for installation of a Caterpillar engine as a bid alternate. VanKomen moved to approve the specifications and authorize the call for bids on a new dump truck. Wallace seconded and the motion carried. F. EQUIPMENT LEASING PROPOSALS: Three estimates were received. After discussion, VanKomen moved to accept the proposals from Westone on Group A and B, and from KeyCorp on Group C. Larson seconded and the motion carried. IX. BOARD, COMMITTEE AND COMMISSION MINUTES REQUIRING ACTION: A. TRANSPORTATION ADVISORY COMMITTEE, SEPTEMBER 8, 1993: The Committee recommended a "demonstration" project signal installation at Mission and Highway 55. After discussion, VanKomen moved to direct staff to work with the Idaho Transportation Department to effect the installation. Larson seconded and the motion carried. B. IMPACT AREA PLANNING AND ZONING COMMISSION, AUGUST 24: 1. KINGS PINES ESTATES, FINAL PLAT: Wallace moved to adopt the Commission's findings of fact and conclusions of Law in the matter adding a finding that a Subdivision Agreement be executed and that agreement should include the tank site and water line easement dedications. Larson seconded and the motion carried. 2. MERRICK VARIANCE REQUEST: An appeal of the decision was received and the staff was directed to schedule a second hearing before the City Council on the matter. C. IMPACT AREA PLANNING AND ZONING COMMISSION, SEPTEMBER 14, 1993: 1. PONDEROSA PARK, SPECIAL USE PERMIT: After discussion, Wallace moved to adopt the Commission's Findings of Fact and Conclusions of Law as those of the City Council and to approve the Special Use Permit. VanKomen seconded and the motion carried. D. CITY PLANNING AND ZONING COMMISSION, SEPTEMBER 7, 1993: 1. Twin Pines River Ranch, zone classification request: VanKomen moved to approve the zone change and direct staff to prepare an ordinance effecting the change. Larson seconded and the motion carried. X. STAFF REPORTS: A. CITY ADMINISTRATOR'S REPORT: The administrator asked that the matter of a water line installation on Fairway Dr. be acted upon. After discussion, VanKomen The Council asked that an agreement be prepared to fund the city's share of oversizing costs by $13,000. The administrator asked that the city crew be permitted to install a retaining wall on the property line of Sunset View Condominium to enhance use of the rights of way of East Lake and Fir Streets. After discussion, VanKomen moved to approve the installation. Larson seconded and the motion carried. B. CITY ATTORNEY'S REPORT: The City Attorney advised of the status of the Zoning Ordinance, Kalman lawsuit, and Hoyle condemnation. C. CITY TREASURER'S REPORT: 1. HEALTH INSURANCE RENEWAL: The Treasurer asked for Council approval to move the City Health insurance from Blue Shield to Blue Cross. After a comparison of rates was reviewed, VanKomen moved to contract with Blue Cross for Health Insurance coverage as of November 1, 1993. Wallace seconded and the motion carried. 2. COLA ADJUSTMENTS: The Treasurer presented a schedule of variable COLA adjustments as directed by the City Council. VanKomen moved to approve the schedule as presented. Larson seconded and the motion carried. XI. PUBLIC COMMENT; No one appeared to be heard. XII. MAYOR AND COUNCIL COMMENTS AND REPORTS: The Mayor distributed copies of the job specifications and an advertisement for City Manager. After discussion, VanKomen moved to approve the specifications and the advertisement. Larson seconded and the motion carried with Wallace dissenting. Councilman Wallace updated the City Council on the current activity of the Urban Renewal Agency Board related to the Manchester project on the old Mill site. Councilman Larson asked for approval to conduct a benefit Golf Tournament on October 3 for the Larson family and asked for an $11 round rate. VanKomen moved to approve the request contingent upon the Golf Committee's minutes reflecting their approval. Wallace seconded and the motion carried. XIV. CORRESPONDENCE AND INFORMATION ITEMS: A letter from Peter O'Neil was listed under correspondence. The information items included the AIC City Report dated September 15, the Action Update as of September 21; and a letter from the Administrator to Les Ankemann regarding dumping of septage at the treatment plant from the transfer station. VanKomen moved to acknowledge receipt of the information items and correspondence. LeBrett seconded and the motion carried. XV. ADJOURNMENT; At 11:45 p.m., Wallace moved to adjourn. VanKomen seconded and the motion carried. Clerk