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Council Minutes 1993 12/23MCCALL CITY COUNCIL MINUTES DECEMBER 23, 1993 I. CALL TO ORDER AND ROLL CALL: Mayor Smith called the meeting to order at 7 p.m. Councilmen VanKomen, LeBrett and Larson answered the roll call. The Mayor declared a quorum present. II. MINUTES: The minutes of the December 9, 1993 meeting were considered. LeBrett moved to approve the minutes as presented. Larson seconded and the motion carried. III. PAYMENT OF CLAIMS: The Payroll Report dated December 17 was presented. LeBrett moved to approve the payroll report. Larson seconded and the motion carried. The Voucher Report dated December 21 was then considered. VanKomen moved to approve the report. LeBrett seconded and the motion carried. IV. OLD BUSINESS: A. 1994 AIRPORT IMPROVEMENT PROJECT; 1. AWARD OF CONTRACT: Rick Orton of Toothman-Orton Engineering presented the Engineers report on the bids received. Further, the bids were lower than expected and additional work, including relocation of the beacon, upgrade of the AWOS to an AWOS III are included in the amended grant application.. After discussion, VanKomen moved to approve the award of a contract to Seubert Excavating in the amount of $1,264,136. and authorize the Mayor and Clerk to sign the contract documents and the amended grant application reflecting a larger scope of work. LeBrett seconded and the motion carried. 2. DBE PLAN: The updated DBE Plan was presented. Larson moved to approve the revised plan as presented. VanKomen seconded and the motion carried. B. CHISHOLM V. CITY OF MCCALL, SETTLEMENT AGREEMENT: This item was carried over from the December 9 agenda. The information requested on disposal of contaminated soil from the Fire Chief was reviewed and discussed. The Council requested that a memorandum noted the advise from DEQ be made a part of the file, i.e. that the reported disposal method was approved. LeBrett then moved to approve the settlement agreement related to removal of Underground Storage Tanks in Neal St. and the Mayor and Clerk be authorized to execute those documents. Larson seconded and the motion carried. C. WATER SYSTEM: 1. SECOND OPINION, HDR ENGINEERING: Bob Bruce and Jim Peterson of HDR Engineering reported on their review of the Master Plan, Pilot Study and other research undertaken by Toothman-Orton/Montgomery Watson in planning the system improvements. They advised of certain system improvements which they felt should be further researched including the dual station sources, groundwater exploration, and clearwell sizing for lower zone service. They confirmed the decision to meter the system, and commended the work done on the pilot plant. They made clear that they had not read every available document and that these were ideas and suggestions which the City may wish to incorporate into its continuing planning process. 2. DRAFT VOLUNTARY CONSENT ORDER: A letter from Monty Marchus, DEQ and a draft of the VCO were presented by staff. The consent order would extend the compliance period to 1996 as was discussed and expected. It allows little time for delay in the current schedule for completing the Master plan improvements. V. PUBLIC HEARING, 8 P.M., MAURICE BROWN VARIANCE REQUEST, APPEAL, BROWNIE'S SALOON. The Mayor opened the hearing at 8 p.m. as noticed. A staff report was given by the Administrator. The hearing was opened for public comment. Attorney Millemann representing Mr. Brown outlined the failure of the city to create by ordinance a fund or a fee structure for the parking assessment. Lisa Mohler and Lance Eckhart appeared and were heard. A letter from Don Clark was presented which was the only correspondence received on the matter. With no one else wishing to be heard the matter was returned to the Council table and the hearing closed. After discussion LeBrett moved to amend the Findings of Fact to relieve the applicant from the payment of the $31,500 parking assessment, to approve the variance on the condition that the variance does not exempt the property from participation in a future parking LID in the downtown area. Larson seconded and the motion carried. The Council took a 5 minute recess. IV. OLD BUSINESS, CONTINUED: D. DRAINAGE EASEMENT, LOT 33, BLOCK II, PHASE I, SPRING MOUNTAIN RANCH: Mr. Orton explained the request and noted that the flow from this drainage was estimated at 1 cfs. The reduced size, in his opinion, would represent no risk to the city. The City Attorney expressed concern that an amended plat was needed for vacation as requested. The Council then requested an Engineer's certificate regarding the technical conditions upon which the recommendation was made. VanKomen moved that the City approve the vacation of the easement and direct staff to determine and secure the proper instruments for the vacation and authorize the Mayor to execute those documents when the Engineer's certificate is received. Larson seconded and the motion carried unanimously. E. PILOT PLANT REPORT/PLANT SITE ISSUE: Bill Lynard of Montgomery Watson, reviewed the report on the pilot plant research conducted the past summer on filter media, run times, and chemical additives to achieve the SWTR and the goals of the Water Master Plan. He also reviewed with the Council the proposed layout for the plant and the amount of asphalt parking and turning area was discussed. Minimization of the plant site area vis a vis its cost was discussed. Direction was given to the engineers to review this matter. VI. NEW BUSINESS: A. 1994 LIQUOR LICENSES; The Council asked to confirm the list of liquor licenses as part of their old business on January 13, 1994 and noted that the Administrator was authorized to issue licenses at the December 9 meeting. B. 1994 INSURANCE PROGRAM: Bill Kirk and Marty Koch of ICRIMP presented a renewal package for the calendar year 1994. The current policy was from May 1993 to December 31, 1993. The base renewal of existing coverages was noted at a cost of $51,714. An increase to $2 million for General Liability and E & O coverage. After discussion of budget considerations, Larson moved to renew the coverage with the increased Liability and E & O coverage at a premium of $56,321. VanKomen seconded and the motion carried. VII. BOARD, COMMITTEE AND COMMISSION MINUTES REQUIRING ACTION: A. IMPACT AREA PLANNING AND ZONING COMMISSION, NOVEMBER 23, 1993: The City Attorney advised that none of the matters were in proper form for consideration by the City Council and minutes were returned to staff for completion of the staff work. B. CITY PLANNING AND ZONING COMMISSION, DECEMBER 7, 1993: SPIEGELMANN VARIANCE: The Commission recommended approval of the request and the Council reviewed the minutes of the meeting, the Commissions Findings and Conclusions and the staff report. After discussion, Larson moved to adopt the Findings of Fact and Conclusions of Law of the Commission as those of the City Council and to approve the variance request. VanKomen seconded and the motion carried. C. AIRPORT ADVISORY COMMITTEE, DECEMBER 1 AND DECEMBER 15: By the Council's approval of the AIP program earlier in the agenda, most of the recommendations were adopted related to the Committee's recommendations of the award of bids and expanding the scope of work in the project. The Committee recommended approval of the Fereday Plan for locating the Winter Carnival ATV race and Radion Controlled airplane show at the airport. VanKomen moved to approve the recommendation. Larson seconded and the motion carried. The Committee recommended approval of a refund of a lease deposit to Boyd Miller. VanKomen moved to approve the recommendation. Larson seconded and the motion carried. D. JOINT PLANNING AND ZONING COMMISSIONS, DECEMBER 14, 1993: In a letter and minutes of the meeting, the City and Impact Commissions recommended Ordinance 615 to the City Council and Board of County Commissioners for hearing and adoption. The Mayor asked the Council elect to advise this Council of their preferences on the matter since it will be heard by the new Council. After discussion, with consent of the Council and Councilmen -elect, staff was directed to advertise a hearing after discussion with the Valley County Board of Commissioners, to advertise and schedule a hearing as a special meeting for around February 1, 1994 as can be arranged by the County. E. TRANSPORTATION ADVISORY COMMITTEE, DECEMBER 13, 1993: The Committee recommended that a traffic light be installed according to Plan A but without the pavement loops. Larson moved to approve the recommendation. VanKomen seconded and the motion carried. The Committee recommended that a speed study be requested for Highway 55 from downtown to Krahn Lane, the new city limits. The Council asked if the study could include to Elo Road. Larson then moved to request the study from IDT Krahn Lane to Elo Rd. LeBrett seconded and the motion carried. F. PARK AND RECREATION ADVISORY COMMITTEE, DECEMBER 3, 1993: The Committee recommended that Long Valley Bus and Shuttle be permitted to pick-up and drop off at the Legacy Park parking lot for shuttle service to Brundage Mountain insofar as this activity does not interfere with Winter Carnival events. VanKomen moved to approve the recommendation. Larson seconded and the motion carried. The Committee recommended that the McCall Winter Carnival be permitted to use Riverfront Park for the World's largest snowman and sled dog races„ Rotary Park to locate a merry-go-round, and Legacy Park's parking lot for a Ferris Wheel. VanKomen moved to approve the recommendation. Larson seconded. The motion carried unanimously. VIII. PUBLIC COMMENTS: No one appeared to be heard. IX. STAFF REPORTS; A. CITY ADMINISTRATOR'S REPORT: Staff reported on the status of Kalman's permission to use certain railroad right of way property for Winter Carnival activities. The Administrator asked that Council members clean their file drawer and return keys to the city by the January 13 meeting. B. CITY ATTORNEY'S REPORT: The City Attorney had no report but noted a memo regarding the Kalman/city claims related to the winter carnival activities. C. CITY TREASURER'S REPORT; The Treasurer noted a request by O'Neil Enterprises for a partial payment on the public improvements in Spring Mountain Ranch, Phase I. VanKomen moved to approve the dispersal of LID funds to the project. Larson seconded and the motion carried. X. MAYOR AND COUNCIL COMMENTS AND REPORTS; Councilman VanKomen inquired about the viability of the Urban Renewal Agency with the Council elect. There was discussion of the matter and no action was taken. Mayor Smith reported that Councilman VanKomen would not attend the January 13 Council meeting thus no quorum would be available. He nominated Dean Martens to fill the vacancy left by Mr. Wallace. LeBrett moved to confirm the nomination. VanKomen seconded and the motion carried unanimously. The Clerk administered the oath of office to Mr. Martens. Martens was then seated by the Council. XI. CORRESPONDENCE AND INFORMATIONS ITEMS: The Council acknowledged receipt of a letter regarding street names from the McCall ambulance service, the AIC City Report dated December 16, a letter to Jud DeBoer from the Administrator, Valley County Communication Committee Minutes of December 2, and the Urban Renewal Agency minutes of December 16. XII. ADJOURNMENT: Martens moved to adjourn. Larson seconded and the motion carried. Clerk