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HomeMy Public PortalAboutCouncil Minutes 1995 06/29 MINUTES McCall City Council Regular Meeting Thursday, June 29, 1995 Call to Order and Roll Call 1. The meeting was called to order by Mayor Martens at 7:00 PM. Messrs. Eckhardt, Killen, Colton, Martens and Ms, Asp answered the roll call. The Mayor declared that a quorum was present, Staff present was City Manager Gary Shimun, City Attorney Ted Burton and City Clerk/Treasurer Jim Henderson. Minutes of Previous Meetings The minutes of the meeting of June 8, 1995 were considered. Ms. Atp requested a correction. After discussion Mr. Colton moved to approve the minutes as corrected. Mr. Killen seconded and the motion carried unanimously. The minutes of the meeting of June 12, 1995 were considered. Ms, Arp moved to approve the minutes. Mr. Killen seconded and the motion carried unanimously. The minutes of the meeting of June 26, 1995 were considered. Ms. Atp moved to approve the minutes. Mr. Colton seconded and the motion carried unanimously. Payment of Claims A voucher report dated June 23, 1995 was presented. Mr. Henderson noted an error in the name of a payee. Mr. Martens moved to approve the claims as corrected. Mr. Eckhardt seconded and the motion carried unanimously. A payroll report dated June 19, 1995 was considered. Mr. Killen moved to approve the payroll. Mr. Colton seconded and the motion carried unanimously. Public Comment The mayor opened the meeting to comment from the public. The following were heard: 8, Rick Orton, of Toothman Orton Engineering updated the council on the Airport Grant project. Steve Milleman appeared regarding the City Planning and Zoning Commission Minutes of June 20, 1995 and his application for a Conditional Use Permit to expand his offices. Mr. Shimun gave a report, Mr. Milleman made a presentation as the applicant. After discussion, Mr, Eckhardt moved to adopt the Findings and Conclusions of the City Planning and Zoning Commission and to approve the Conditional Use Permit. Ms. Arp seconded and the motion carried unanimously with Mr. Killen abstaining. 10. Jim Fronk, Toothman Orton Engineering reviewed the Wooley Avenue paving and drainage issues. He recommended raising the street in order to provide a stable base and to construct a drainage ditch. After discussion, Mr. Martens moved to approve the recommendation. Mr. Killen seconded and the motion carried unanimously. 12. 13. McCall City Council Minutes June 29, 1995 Page 2 Mr. Killen moved to recess for 3 minutes. Ms. Atp seconded and the motion carried unanimously. The council recessed at 7:57 and reconvened at 8:00 PM. Public Hearing Request for Zoning Map Amendment Lots 64 and 65, Evergreen Terrace No. 2 - Gary L. Swain. The mayor declared that it was the time and place noticed for a hearing on the matter of an application for zoning map amendmem from Zone A, Low Density Residential to Zone B, Medium Density Residential for Lots 64 and 65, Evergreen Terrace No. 2. Mr. Shimun gave a staff report. Mr. Eckhardt declared that he had spoken with Mr. Swain previously on this matter and that he was the chairman of the City Planning and Zoning Commission when the zoning map was mended by Ordinance 615. Greg Pittenger, representing the applicant made a presentation reviewing the history of the zoning of the lots in question. He pointed out that in the late 1970's a zoning map amendment from zone A to Zone B had been approved by the City Council. Mr. Pittenger then asked Julie Eddins who chaired the Impact Area Planning and Zoning Commission to review the Joint Commissions' deliberations on the zoning of these parcels. Ms. Eddins noted that the commission tried to preserve the zoning of any parcels that had been zoned by application. She noted that the zoning of the two parcels had been discussed and rezoned without checking to see if they had been zoned to Zone B through an application. Gary Swain, the applicant, of 12675 Farm to Market Road, made a presentation. He related that he was not a developer and had purchased the parcels when they were Zone B. He discovered the correct zoning after selling the property. He was being sued for $158,000 by the buyer because thc buyer could not use thc property as anticipated. Public Testimony The mayor then opened the meeting to public testimony. The following were heard: Maurice Brown of 445 Allen Avenue who opposed the zoning map amendment citing water pressure problems, fire access, noise and the proximity to his property. Larry Lovett of 429 Floyd Street, who opposed the zoning map amendment. He related that the current zoning was done after public hearing and that the parties should have known the zoning. He also cited water pressure and fire access and expressed concerned about additional low income type housing in the area. Dnane Smith of 52 Knob Hill who supported the zoning map amendment. Mr. Smith stated that he was the developer of Evergreen Terrace No. 2 and that the zoning map was amended to show Zone B for three parcels in order to receive HUD approval in the 1970's. He noted that Evergreen Terrace has strfficiently sized water lines but that they are fed by 4" lines from the city system. He then read a letter outlining objections to other city policies. Chuck Gossett of 403 Allen Avenue who opposed the zoning map amendmem. Citing that the amendment would constitute spot zomng. He pointed out that the sales transaction consisted of a buyer and a seller and a professional real estate agent all of whom were responsible to inform themselves of the correct zoning. Gwen Nordin of 423 Floyd who opposed the zoning map amendment. 14. 15. 16. 17. 18. 19. McCall City Council Minutes June 29, 1995 Page 3 Gary Shimun, who gave a staff recommendation that the zoning remain Zone A because it represented good planning and that the rezoning by Ordinance 615 was done legally. Greg Pittenger in rebuttal reiterated the position that Ordinance 615 inadvertently amended the zoning of the parcels to Zone A. A letter from Frank Dykas, opposing the zoning map amendment was entered into the record. Since no one else wished to be heard, the mayor closed the hearing to public testimony and returned the matter to the council for deliberation. After discussion, Ms. Atp moved to adopt the Findings and Conclusions of the City Planning and Zoning Commission and to approve the zoning map amendment as requested. Mr. Colton seconded and the motion carried with Mr. Eckhardt abstaining. Public Comment (Continued) Parks and Recreation Committee Minutes of June 6, 1995. Ms. Dionne Wells asked the council to consider her proposal for a Sno-Cone, Pop and Candy concession at city parks. After discussion, Mr. Killen moved to adopt the recommendation of the Parks and Recreation Advisory Committee to direct staff to prepare a franchise agreement. Mr. Martens seconded and the motion carried unammously. Scott Aker appeared regarding the award of contract of LID #5, East Highway 55 LID. Mr. Shimun gave a report noting that the apparent low bidder was unable to secure the necessary bonds and recommended award to Bezates Construction. Mr. Eckhardt moved to award the contract to Bezates Construction and to authorized the mayor to sign the notice of award and contract documents subject to review by the City Attorney. MS. Atp seconded. At a roll call vote, Mr. Eckhardt, MS. Arp, Mr. Colton, Mr. Martens, and Mr. Killen voted "aye." The motion Partial Pay Request No. 2 - Riverside LID. Scott Aker, Toothman Orton gave a report. After discussion, Mr. Martens moved to approve Partial Pay Request No. 2 in the amount of $23,353.38. Mr. Killen seconded and the motion earned unanimously. Mr. Colton moved to recess for 10 minutes. Mr. Eckhardt seconded and the motion carried unanimously. The council recessed at 9:50 PM and reconvened at 10:00 PM. Board, Committee and Commission Minutes Requiring Action City of McCall Planning and Zoning Commission Minutes Dated June 6, 1995. - Bruneel Change to Scenic Highway District. Mr. Burton gave a staff report. After discussion, Mr. Eckhardt moved to approve the findings and conclusions of the Planning and Zoning Commission. Mr. Killen seconded and the motion carried unanimously. Area of City Impact Planning and Zoning Commission Minutes dated June 13, 1995. a. Wilson - Variance Application - Eave Height. Mr. Shimun gave a report. After discussion, Ms. Atp moved to approve the findings and conclusion of the Planning and Zoning Commission and approve the variance. Mr. Colton seconded and the motion carried unanimously. 20. 21. 22. 23. 24. McCall City Council Minutes June 29, 1995 Page 4 b. Porter - Change to Scenic Highway District. Mr. Shimun gave a report. After discussion Mr. Martens moved to adopt the findings and conclusions of the Planning and Zoning Commission and approve the change. Ms. Arp seconded and the motion carried unanimously. Parks and Recreation Advisory Committee Minutes of June 12, 1995. a. Master Gardener Plantings in Legacy Parks. After discussion, Mr. Killen moved to approve the recommendation of the Committee authorizing the volunteer plaming of day lilies on the banks at Legacy Park. Ms. Atp seconded and the motion carried. b. Davis Beach Docks. After discarssion, Mr. Killen moved to direct staff to write letters to owners advising then to repair the docks and to advise of their plans to do so. Mr. Arp seconded and the motion carried unanimously. c. Out of City User Fees. Mr. Martens pointed out the proposal moved in the right direction but the fee ought to be a fiat fee equal to the amount of property taxes contributed by an average homeowner to the recreation program. After discussion, Mr. Martens moved to remand the matter to the Parks and Recreation Committee with the above guidance. Mr. Killen seconded and the motion carrie6 d. Reappointment of Dennis Coyle to Parks and Recreation Advisory Committee. Mr. Martens moved to go into session as a Committee of the Whole Council. Mr. Eckhardt seconded and the motion carried unanimously. While sitting as a committee of the whole, Mr. Eckhardt moved to direct the mayor to nominate Dennis Coyle to succeed himseff as a member of the Parks and Recreation Advisory Committee. Mr. Killen seconded and the motion carried unanimously. Mr. Martens then entered the name of Dennis Coyle into nomination. Mr. Killen moved to adopt the mayor's nomination of Dermis Coyle to the Parks and Recreation Advisory Committee. Mr. Colton seconded and the motion carried unanimously. Ms. Arp pointed out that three resumes had been attached to the Committee's minutes and that the Committee could have complied with the second nominee nde. Further she pointed out that the required resume was not included with the nomination recommendation. e. Flower Bed and Ornamental Care Contracted to Licensed Landscaper. Council noted that comments submitted predated bringing the parks maintenance crew to full staff and took no action. Golf Course Advisory Committee Minutes of June 7, 1995 - Sign Proposal - New Tee Signs and Score Cards. Council asked that staff notify the Men's Association to determine to what use the funds would be put. The council took no further action. Old Business Acceptance of Easement - Valley County. A grant of easement for water and sewer maintenance at the new Juvenile Detention Center was presente6 Mr. Killen moved to accept the easement. Mr. Colton seconded and the motion carried unanimously. New Business The council acknowledged receipt of a claim by C. Eugene Hardy. The council acknowledged receipt of a claim by Margo Flaherty. 25. 26. McCall City Council Minutes June 29, 1995 Page 5 Fiscal Year 1995-96 Budget Development Schedule. Mr. Henderson gave a report. After discussion the council, by consensus agreed to conduct budget worksessions on Saturday, July 29, 1995. Supplemental Agreements - McCall Municipal Airport, AIP 04. Mr. Shimun reported that these were amendments to the existing grant offer. Mr. Killen moved to authorize the City Manager to accept the grant. Ms. Arp seconded. At a roll call vote Mr. Killen, Ms. Atp, Mr. Colton, Mr. Martens and Mr. Eckhardt voted "aye." The motion carried. 27. The council noted a letter from the McCall Hospital Auxiliary requesting an except to Section 8- 2-14 McCall City Code regarding the posting on street signs and utility poles. The council noted that ordinances cannot be waived and directed staff to respond accordingly with some suggestions on approved methods of advertising. 28. Scott Findlay-Roof/Deck Construction. Mr. Burton gave a report on discussions with Mr. Findiay, Consent Calendar The council acknowledged receipt of the following: 29. 30. 31. 32. 33. 34. 35, 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. Letter from ICRMP to Morgan Masner RE: Claim Against City Letter from Mr. Burton to Ms. Josephine Beeman Re: Transfer of City Files Letter from Mr. Burton to Mr. Paul Street Re: Transfer of City Files Letter from Mr. David Bergh to Mayor Martens re: Facility Plan for Maki Project Letter from Mr. Peter S. O'Neill re: Scott Right of Way Letter from McCall Chamber of Commerce Re: Frontier Days Parade Letters from Mr. Keating to Various Customers on Thompson Street Re: Illegal Hook-ups Agreement by Michael Ecklmrd Re: Sewer Line Construction Memo from Chief Parker re: Use of City Equipment and City Time Letter from Michael Crapo to Mr. Shimun re: HR 961 Letter from Richard Kinder of Toothman Orton to Peter O'Neill re: Minimum Water Project Letter from Charles T. and Susan K. Waters to Mr. Shimun re: Property Damage Snow Country Publication. Letter from Frank Dykas to City Council re: Public Hearing June 29, 1995. Letter from Tom Moss to Mayor Martens Re: Quality of Life in McCall Letter from McCall Women's Goff Association Board of Directors to Mr. Shimun re: Areas of Concern. Letter from Gloria Cantrell to Mr. Shimun and City Council re: Merit Pay Action Update dated June 29, 1995. Staff Report 47. City Manager a. The council noted a written report. b. Mr. Shimun reported that White Leamtre could only commit to 28 a jobs which would translate into $280,000 grant for the south loop. c. Mr. Shimun presented a proposed consent decree from Cascade Reservoir Association and noted that the association's legal counsel had requested that negotiations be made in executive session. The council by consensus was reluctant to go into executive session for such a meeting unless there was a compelling reason to do so. 48. City Attorney a. The council noted a written report. McCall City Council Minutes June 29, 1995 Page 6 b. Mr. Burton presented a Joint Powers Agreement between the City of McCall and the City of Weiser for mutual aid in law enforcement activities. After discussion, Mr. Killen moved to approve the agreement and authorize the mayor to sign. Mr. Eckhardt seconded. At a voice vote, Mr. Killen, Mr. Eckhardt, Ms. Atp, Mr. Colton, and Mr. Martens voted "aye." The morion carried. c. Mr. Burton presented his draft goals and objectives for council consideration. d. Ordinance 680 ~ Third Reading.- Authorizing the Use of Alcohol in .Parks. Mr. Eckhardt moved to suspend the nde requiring reading in full. Mr. Killen seconded. At a roll call vote, Messrs. Eckhardt Killen, Martens, Colton and Ms. Arp voted "aye." The motion carried. Mr. Burton read the ordinance by rifle. Mr. Killen moved to adopt Ordinance 680. Mr. Colton seconde& At a roll call vote, Mr. Killen, Mr. Colton, Ms. Atp, Mr. Martens, and Mr. Eckhardt voted "aye." The morion carried. e. Ordinance 670 - Third Reading - Amending the Zoning Ordinance. Mr. Burton gave a report. Mr. Martens moved to suspend the nde requiring reading in full. Mr. Eckhardt seconded. At a roll call vote, Messrs. Martens, Eckhardt, Killen, Colton and Ms. Arp voted "aye." Mr. Burton read the ordinance by rifle. Mr. Killen moved to adopt the ordinance. Mr. Eckhardt seconded. At a roll call vote, Messrs. Martens, Eckhardt, Killen, Colton and MS. Arp voted "aye." The motion carried. f. Resolution 14-95 Approving a Sununary of .Ordinance ,670. Mr. Burton presented a summary of Ordinance 670 for the pur~ses of publication. Mr. Killen moved to adopt Resolution 14-95. Mr. Eckhardt seconded and the morion carried unammonsly. 49. g. Ordinance .683 - First Reading - Governing Body for Planning and Zoning. Mr. Colton moved to suspend the ndes requiring three readings and reading in full. Mr. Eckhardt seconded. At a roll call vote, Messrs. Colton, Eckhardt, Martens, Killen and MS. Atp voted "aye." Mr. Burton read the ordinance by rifle. Mr. Martens moved to adopt Ordinance 683, Mr. Colton seconded. At a roll call vote, Messrs. Martens, Colton, Eckhardt, Killen and Ms. Arp voted "aye." The morion carried. City Clerk Treasurer. a. The council noted a written report regarding drug and alcohol testing of employees with commercial drivers license. b. Registered. Warrant 95-1. The Clerk presented Registered Warrant 95-1 providing additional interim financing for Local Improvement District No. 2 in the amount of $45,000. Mr. Henderson reported that the interim financing had been approved by both council and lender in the amount of $145,000 and the $100,000 had been previously drawn, after further discussion Ms. Atp moved to approve Registered Warrant 95-1 borrowing the amount of $45,000 from West One Bank until October 1, 1995 at 6.)) % per annum and to authorize the Mayor, Clerk and Treasurer to sign. Mr. Eckhardt seconded and the motion carried unanimously. Mayor and Council Comments and Reports 50. Mr. Colton had no comment. 51. McCall City Council Minutes June 29, 1995 Page 7 Ms. Atp reported on her attendance at the AIC Conference in Boise. She asked about the status of the Right-of-Way on Chipmunk Lane and was informed that Valley County had acknowledged the responsibility to correct the problem but had not resolved the issue yet. 52. Mr, Eckhardt asked about the staff's meeting with Mr. Laidlaw regarding the Yacht Club Dumpster. Mr. Shimun reported that the meeting had taken place but no resolution had been yet acheive~ 53. Mr. Killen - (1) Asked the status of the London Palladium Appeal. Mr, Shimun reported that it had been withdrawn. (2) Noted that the Party Boat was still operating from City docks in violation of the ordinance. (3) Asked about the Old Town Market Sewer Charges. Mr. Shimun reported that Mr. Larson's plumber had recently picked up a meter to install in the laundramat. (4) Noted the work repairing Davis street but asked about the repairs to Ruby Street. Mr. Shimun reported meetings with Sommers Construction. (5) Asked about the Montgomery Watson Contract Review. (6) Requested staff t~ contact DEQ regarding the Land Application Permit. 54. Mr, Martens - Noted that the M Resorts PUD called for a crash gate at the end of East Lake Street. Adjournment 55. ATTEST: There being no further business, Mr. Martens moved to adjourn, Mr. Killen seconded and the motion carried unanimously. The council adjourned at 1:10 AM. Mayor