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HomeMy Public PortalAboutCouncil Minutes 1994 07/14 MINUTES McCall City Council July 14, 1994 IL Ve Call to Order and Roll Call. The meeting was called to order by Mayor Martens at 7:05 PM. Eckhardt, Killen, Martens, and Colton answered the roll call. Atp was absent. The Mayor declared that a quorum was present and welcomed new City Manager Gary Shimun to the City. Minutes: A. June 23, 1994 - After discussion Colton moved to approve the minutes of June 23, 1994 as presente& Killen seconded and the motion carried. B. June 30, 1994 - After discussion Colton moved to approve the minutes of June 30, 1994 as presented. Killen seconded and the motion carried. C. July 1, 1994 - After discussion Martens moved to approve the minutes of July 1, 1994 as presented. Eckhardt seconded and the motion carried. Payment of Claims: Payroll June 27, 1994 - Eckhardt moved to approve the payroll of June 27, 1994. Martens seconded and the motion carried. B. Payroll July 5, 1994 - Colton moved to approve the payroll of July 5, 1994. Killen seconded and the motion carried. C. Payroll July 7, 1994 - After discussion Eckhardt moved to approve the payroll of July 7, 1994. D. A list of claims dated July 11, 1994 was presented. Colton moved to approve the claims and Eckhardt seconded. After discussion, the motion carried by voice vote. Public Comment. Bob Schmitt, McCall-Donnelly School Superintendent asked to have the City Planning and Zoning recommendation regarding Conditional Use Permit for the proposed Middle School be brought forward on the agenda. The Council agreed to do so as soon as all concerned parties were present. Mayor and Council Comments and Reports. Eckhardt asked about the need to pave the "East Side Bypass" in accordance with the Spring Mountain Ranch Bypass Agreement. Staff was directed to review the agreement to determine if it would be necessary to budget funds in the coming fiscal year. Eckhardt reminded staff of enforcement of the dumpster enclosure ordinance. Killen reported that it would not be necessary for the City to participate in funding travel for discharge permit negotiations. Killen asked about progress on obtaining options from Dr. Nokes for water easement. Attorney Burton responded that Dr. Nokes had not yet been contacted. Martens pointed out that temporary outhouses had not been placed at Davis Beach as in prior years; that there was an erosion problem on the steep banks at Legacy Park; and that several parking places on public right-of-way had been signed as "Sports Marina Parking Only. Killen reported that the barrier preventing traffic on the third street extension toward the lake had not been in place and there was beginmng be a lot of public parking in that area. Staff Reports. 1. City Manager. Mr. Shimun reported that he had reported for work on July 6, 1994, that he had attended the Airport Committee meeting, a Joint P&Z meeting, had met with all department heads and many employees. 2. Attorney Burton requested and executive session to discussion the Clark case at the end of the meeting. 3. City Treasurer Henderson reported that the City's Financial Advisor wanted to meet with the council on July 25, 1994 to discuss the bond sale. Council concurred. Mr. Henderson then reported discussion with the restaurant equipment vendor regarding the use of the old equipment as a down- payment. The vendor wishes to be paid the down-payment and then remit the proceeds of the sale of the old equipment. The vendor has already sold some $2,000 on the City's behalf. The Council by consensns agreed to pay the down payment. Mr. Henderson then reported that ICRMP Insurance wished to deny a claim for damages by the American Legion Post but wanted the City's input. The Council's consensus was that it was the Insurance career's decision whether or not to pay a claim. Mr. HendersOn then reported that the sickle mower for the WWTP had broken down and the Superintendent wanted to buy a new one at about $4,000. By consensus, the Council approved the purchase. Mr. Shimun requested guidance on what level he could exercise his own discretion in similar matters. The matter was referred to staff for a recommended policy that could be adopted by resolution. Board, Committee and Commission Minutes Requiring Action. A. Airport Advisory Committee Minutes of July 6, 1994. 1. Airport Master Plan Consultant selection. City Manager Shimun reported that the Committee had recommended the selection of TSI. After discussion Killen moved to approve the selection. Colton seconded and the motion camed. 2. Utility Work. City Manager Shimun requested that he review the project and the ability of the Public Works Crew before making a recommendation on the installation of utility services. The matter was referred to staff for further review. B. City Planning and Zoning Commission - June 21, 1994. 1. Planned Development - Andre Fernand. Attorney Burton presented a staff report. Greg Pittenger representing the applicant made a presentation objecting to the condition that the developer not be allowed to connect to the Lake Street sewer hne. Public Works Director Keating made a report regarding the quality of the Lake Street sewer line. After discussion, Killen moved to adopt the Findings and Conclusions of the City Planning and Zoning Commission as those of the City Council, with the exception that the final condition be amended to add "or shall resolve the sewer concerns in such other manner as may be agreed between the developer and the City" and to approve the Planned Development. Colton seconded and the motion carried. 2. Conditional Use Permit - McCall Donnelly School District. Attorney Burton suggested that the Council first take up the matter of the South-Loop Water Line. Rick Orton, Toothman4Drton Engineers presented a report; Kim Allen requested that Council and other parties try to find a solution to funding the South-Loop. Francis Wallace made a statement supporting the constmctiun of the line, as did Alan Soreuson and Pete O'Neill. Council directed staff to explore the possibility of an EDA grant. Martens moved to recess, Eckhardt seconded and the motion carried. The Council recessed at 9:30 PM. The Council reconvened at 9:45 PM. The Council then took up the CUP. Attorney Burton delivered a staff report. Alan Sorenson representing the applicant made a presentation. After discussion, Martens moved to adopt the Findings and Conclusions of the City Planning and Zoning Commission as those of the City Council except: (I) That the condition to provide ROW the extension of Deinhard Lane be modified to dedicate ROW at such time as Deinhard Lane is proposed to be extended. (ii) That the require to contribute $20,000 for water line construction be delete& (iii) That the requirement for a bikepath easement be deleted. (iv) That the requirement to contribute to paving Samson trail be included unless the Attorney General rules that such contributions to off-site improvements is illegal. Colton seconded and the motion carded. C. City Planning and Zoning Commission Minutes of July 5, 1994. 1. Planned Unit Development - Max Kalik. Attorney Burton presented a staff report. After discussion, Eckhardt moved to adopt the Findings and Conclusions of the Commission as those of the City Council and to approve the PUD. Killen seconded and the motion carried. 2. Conditional Use Permit - Commumty Home Health. Attorney Burton presented a staff report. After discussion, Killen moved to adopt the Findings and Conclusions of the Commission as those of the City Council and to approve the CUP. Martens seconded and the motion carried. D. Impact Area Planning and Zoning Commission - June 28, 1994. 1. Whispering Woods Subdivision - Final Plat. Attorney Burton presented a staff report. After discussion, Eckhardi moved to adopt the Findings and Conclusions of the Commission as those of the City Council and to approve the Final Plat. Colton seconded and the motion carried. 2. Conditional Use Permit - Camp Ida-Haven. Attorney Burton presented a staff report. After discussion Killen moved to adopt the Findings and Conclusions of the Commission as those of the City Council and to approve the CUP. Eckhardt seconded and the motion carried. 3. Conditional Use Permit - Camp Morrison. Attorney Burton presented a staff report. After discussion, Colton moved to adopt the Findings and Conclusions of the Commission as those of the City Council and to approve the CUP. Martens seconded and the motion carried. VIIL Public Hearing - Amendment of Fiscal Year 1993-94 Budget. Treasurer Henderson made a report. The Mayor opened the hearing to public comment. No one wished to be heard. The public hearing was closed to public comment and the Council took up the matter of Ordinance No. 664 amending the appropriations ordinance. After discussion Colton moved to suspend the rules requiring three readings of the ordinance and requiring a reading in full. Killen seconded. At a roll call vote, Colton, Killen, Eclchardt and Martens voted aye. The attorney read the Ordinance by title. Martens then moved to adopt Ordinance No. 664. Killen seconded. Martens, Killen, Eckhardt and Colton voted aye. IX. Local Improvement District No. 4 - Carico Area. Treasurer Henderson made a report and remind council the hearing on this matter was closed to public comment and if the Council wished to take additional testimony it would be necessary to notice another hearing on the matter. After discussion, Killen moved to create the LID as proposed and to instruct Bond Counsel to prepare the necessary ordinances. Colton seconded and the motion carried. X. Additional Item - Ski Ranch Subdivision Amended Plat. Greg Pittenger, representing the applicant, requested the Council consider this matter. After discussion, Killen moved to approve the execution of the amendment of the plat dated October 12, 1993 subject to the conditions contained in the plat. Eckhardt seconded and the morion carriec[ XI. Police Department Management Review. Mr. Shimun requested that the item be referred to him for a report and budget review. Staff was instructed to report back concerning operations and concerns. XlI. Executive Session. concerning pending litigation. aye. Killen moved to go into executive session to hear a report for legal counsel Eckhardt seconded. At a voice vote Killen, Eckhardt, Martens and Colton voted The Council went into executive session. The Council returned from executive session. Mayor Martens reported that while in execa~tive session, the Council discussed issues concerning the pending litigation in the Clark matter. The Council took no action. Xlll. Ordinance 667 Creating LI~ 05. After discussion, Eckhardt voted to suspend the rules requiting three readings of the ordinance and requiring reading of the ordinance in full. Killen seconded. At a voice vote, Eckhardt, Killen, Colton and Martens voted aye. Attorney Burton read the ordinance by rifle. Martens then moved to adopt Ordinance 667. Killen seconded. At a voice vote, Martens, Killen, Colton and Eclda, ardt voted aye. XIV. Resolution 21-94 Appointing Bond Counsel A resolurion appointing Michael C. Moore of the firm of Moore & McFadden, Chartered as Bond Counsel for LID #5. Killen moved to adopt Resolution 21-94. Colton seconded and the motion carried. XV. Resolution 20-94 Authorization to Sign Checks. A resolution appointing officials authorized to sign checks was presented. Staff was instructed to explore stamp or other facsimile signatures. Colton moved to adopt Resolution 20-94. Eckhardt seconded and the motion carried. XVI. Snow Removal - McCall Memorial Hospital. City Manager Shimun reported that the City has been plowing snow from the hospital parking lot for some years even though the conditions that led to that arrangement no longer existed. The Council noted that the Hospital was also a public entity and cooperation should be expected. Staff was instructed to discuss some reciprocal arrangements whereby the Hospital could share resources to the City's benefit. XVll. Ordinance 665 - Alternate Day Sprinkling. Attorney Burton presented an ordinance requiring lawn sprinkling on alternate days. Killen moved to suspend the rules requiring full reading and three readings of the ordinance. Eckhardt seconded. At a voice vote Killen, Eckhardt, Martens and Colton voted aye. Mr. Burton read the ordinance by title. Martens moved to adopt Ordinance 665. Colton seconded. At a voice vote, Martens, Colton, Killen and Eckhardt voted aye. XVIIL Ordinance 666 - Defining Concealed Goods within Theft. Attorney Burton present an ordinance defining shoplifting within theft. After discussion, Colton moved to suspend the rules requiring three readings and full reading of the ordinance. Killen seconded. At a voice vote, Colton, Killen, Martens, and Eckhardt voted aye. Mr. Burton then read the ordinance by title. Killen moved to adopt Ordinance 666. Ecklmrdt seconded. At a voice vote Killen, Eckhardt, Mamns, and Colton voted aye. rising vote, the motion carried. Adjournment. There being no further business, Colton moved to adjourn. Martens seconded and at a Mayor