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HomeMy Public PortalAboutCouncil Minutes 1991 05/09McCALL CITY COUNCIL MINUTES MAY 9, 1991 I. CALL TO ORDER AND ROLL CALL Mayor Allen called the meeting to order at 7 p.m. Councilmen VanKomen, Wallace and Larson answered the roll call. Mr. McCarty was absent. II. MINUTES The minutes of April 11, 1991 were presented. Wallace moved to approve the minutes of the meeting. VanKomen seconded and the motion carried. III. PAYMENT OF CLAIMS A list of claims dated May 2, 1991 was reviewed. VanKomen moved to approve payment of the claims. Wallace seconded. The motion carried unanimously. IV. CONSENT CALENDAR Library Board minutes of April 11, and April 30 and City Planning and Zoning Commission minutes of April 16 were listed on the consent calendar. Without objection, the Mayor ordered these minutes filed. Councilman VanKomen asked that the Library board be advised that securing benefits for employees was not sufficient cause for increasing hours. V. MAYOR AND COUNCIL COMMENTS AND REPORTS Mayor Allen nominated Tomi Grote to replace Alan Muller on the Parks and Recreation Advisory Committee for a three year term commencing May 1, 1991. Wallace moved to confirm the nomination. VanKomen seconded and the motion carried. Councilman Wallace advised that the snowmobile route issues were still being considered. He asked that the Council approve $500 for seeding the banks of the route completed last fall to avoid erosion. He then moved appropriation of that sum for that purpose from the contingency fund. VanKomen seconded and the motion carried. 1 The Mayor advised that he was prepared to discuss the Administrator's performance in Executive Session with the Council. The item was moved to the end of the regular agenda. VI. STAFF REPORTS A. City Administrator's Report: 1. Written Report: The written report noted the status of the Mill Park deed on the accretion lands, the permanent appointment of Craig Baker as Recreation Director, completion of Phase I of the rivercrossing sewer project, appointment of Charles Denham as the new golf superintendent, completion of 25 years of service to the city by Larry Chalfant, acquisition of a fire boat by the Rural Fire District, the selection of a golf concessionaire, commecement of a recycling program, and completion of the golf clubhouse repairs and opening of the course for the season. 2. Soundproofing, Police Department: An additional bid for $649. was received for the work. Larson moved to approve the work done for $649 and to charge the Court Building Fund for this expense. VanKomen seconded and the motion carried. 3. Delegation of the Nuisance Ordince Enforcement Duties: At the Fire Chief's request, these duties were delegated to the Code Enforcement Officer. Staff asked that this delegation be confirmed by the council to assure the court that that person may represent the city in such matters. Larson moved to approve the delegation of the duty to enforce the nuisance ordinance to the Code Enforcement Officer. Wallace seconded and the motion carried. 4. Building Inspector: The administrator requested a reclassification of the position. Council took no action but invited the request be returned to them at the time of the 6 month probationary period. 5. Union Pacific Railroad Right -of -Way Auction: Staff outlined a strategy for acquiring from the Idaho Department of Lands, the section of right of way between Stibnite and Dienhard Streets. Larson moved that we bid $37,000, the the appraised price and no more. VanKomen seconded and the motion carried. 2 6. Police Vehicle Replacement: The insurance company has offered $1900 for the value of the vehicle totaled in the Tambini accident. Staff requesteed use of these funds and $2500 of the deductible amount of the Tort Liability Fund to replace the vehicle. Larson moved to authorize $4400 for replacement of the patrol car as detailed. VanKomen seconded and the motion carried. B. City Attorney's Report: 1. Aspen Village Case Settlement: The attorney reported on the terms of the settlement and recommended them to the Council. VanKomen moved to authorize the Mayor to sign releases, to accept the settlement, and resolve the matter. Larson seconded and the motion carried. 2. JUB Contract: The Attorney advised that amending the contract to increase the Engineer's liability to the limits of their insurance was recommended. Wallace moved and VanKomen seconded a motion to approve this amendment of the agreement. The motion carried. 3. Jet -Ski Ordinance: Council reviewed the lines on a sketch for the proposed upland installations demarking a no wake zone on the lake waters. After discussion, VanKomen moved to approve the general design and approve a survey to locate the points and to authroize the city attorney to determine the correct design of the markers. Larson seconded and the motion carried unanimously. 4. Citizens for McCall v. City: Remaklus noted the letter from Mr. Killen whereby the case was dismissed with prejudice and is closed. C. City Treasurer's Report: 1. Written Report: A written report detailing legislative changes in the property tax law was noted. 2. Budget: Council asked that a budget amendment hearing be set to permit expenditure of the additional highway users funds. Staff requested that this be scheduled for the second meeting in June. The Mayor so ordered. 3 VII. OLD BUSINESS A. Klind Well Agreement: Council ordered a redraft of the agreement which did not contain language that Klind would sell the well at a price not to exceed the cost of drilling another 8" well. No action was taken. B. Ordinance 583, Relating to Licensing Horse -Drawn Vehicles: The Ordinance was read by title for its second reading. The Mayor ordered it to the next agenda for the third reading. C. Valley County Airport Levy: The VALUED proposal for distribution of the county airport levy was reviewed. After discussion, VanKomen moved to endorse the proposal. Wallace seconded and the motion carried. IX. NEW BUSINESS A. Storm Drainage Master Plan: Council requested that Mr. Orton be invited to review the document at a later meeting. B. 1991 Insurance Program: Mr. Kirk reviewed the various coverages and premiums. After lengthy discussion, VanKomen moved to select the liability package of $2 million per incident, $2 million aggregate, with a $2000 deductible at a premium of $20,941. Wallace seconded and the motion carried. Wallace moved to renew all other coverages as they are now now in place. VanKomen seconded and the motion carried unanimously. The Mayor declared a 10 minute recess. C. May Hardware Dock Application: At the applicant's request the matter was rescheduled to the May 23 agenda. D. Addendum No. 1, Engineering Agreement, Water System Work: Addendum No. 1 added work on the Lenora and Third, Third and Timm, and Airport lines. Wallace moved to approve Addendum No 1. VanKomen seconded and the motion carried. E. DEIS, US Department of Energy, Idaho National Engineering Lab. The council noted and filed the materials. 4 F. Job Description, Golf Bar/Restaurant Manager: The Council reviewed the job description and recommended certain amendments. Larson moved to approve the job description as amended. VanKomen seconded and the motion carried. G. Parking Status Report: Chief Parker reviewed the status of the parking enforcement effort last summer. He noted certain deficiencies and was asked to undertake certain engineering studies which he recommended. The council authorized additional signing as recommended on the motion by Wallace, seconded by Larson and unanimously approved. Wallace moved to direct the chief to do the engineering study . Larson seconded and the motion carried unanimously. H. LID, Lake Forest Subdivision: Residents of the subdivision presented a petition for a street paving LID, however, requested city participation. The council suggested that use of cold mix asphalt would reduce the cost, acknowledged some responsibility for the absense of paving in the subdivision, and suggested reformulating the project for 1992. The chair so ordered. After further discussion, development of a downtown parking LID was suggested and council asked that such be prepared for consideration. X. BOARD, COMMITTEE AND COMMISSION REPORTS REQUIRING ACTION A. Park and Recreation Committee, April 17, 1991, Staup Petition: The committee recommended no action on the petition demanding cessation of land trades and use of park properties for trades, barter, and exchange. The City Council took no action on the matter and moved the agenda. B. Park and Recreation Committee, May 8, 1991: Mr. Belts reviewed the 60% plan document. After lengthy discussion about the restroom costs, VanKomen moved to approve the 60% submittal and asked the architect to specifically address the issue of restroom design for reducing the project cost. Wallace seconded and the motion carried unanimously. C. Park Use Policy: After discussion the Council determined to send the matter back to the Committee for further clarification. 5 D. Land trade with Mike Eckhart: This matter was discussed in a joint meeting of the Parks and Transportation committees. The committees recommendations were somewhat different, reflected in their minutes of those meetings, and after lengthy discussion, the Council took no action on the proposal. C. Golf Advisory Committee: Mr. Wallace asked if the subcommittee reviewing the concessionaire proposals could also interview Rose Adams. Mr. Larson agreed to have the committee interview Mrs. Adams. D. Impact Planning and Zoning Commission, April 29, 1991: The Commissions approval of the Lazy 7 phase was noted. E. City Planning and Zoning Commission, April 30, 1991: After discussion, VanKomen moved to approve the commission's recommendation to allow Candlewood Condominiums to divide into two phases. Wallace seconded and the motion carried. F. Airport Advisory Committee, May 1, 1991: Several action items were noted. 1. Effinger hangar lease: Wallace moved to approve the Effinger hangar lease. VanKomen seconded and the motion carried. 2. USFS Operating Agreement: The agreement increases the O & M payment from the Forest Service to the city for airport operations by a cost of living adjustment. VanKomen moved to approve the amendment to the operating agreement. Wallace seconded and the motion carried. 3. Capital Improvements Plan: Upon request by the FAA, the plan was updated and the amendment recommednded by the committee. As well an amendment to the AIP pre -application is required by the change in the plan. VanKomen moved to approve the amendment of the Capital Improvements Program for the McCall Airport and authroize amendment of the AIP pre -application. Wallace seconded and the motion carried. 4.Transportation Advisory Committee, May 8, 1991: this committee's recommendations were discussed under the Parks agenda. 6 XI. CORRESPONDENCE The Council received a letter from the Planning and Zoning Clerk requesting that a hearing be set on June 13, 1991 at 7:30 P.M. for Bill and Bonnie Shikrallah requesting a Special Use Permit to operate a bed and breakfast at 143 Est Lake Street. The Mayor so ordered. XII. INFORMATION ITEMS The following items were received by the council and noted: A letter fro the Division of Environmental Quality, an excerpt from the local government legal news, a letter from the USFS designating Merrill Saleen as the service's representative on the Airport Advisory Committee, an article entitled "The World from Main Street", a letter from "Kids for Saving the Earth", a copy of a letter from Bill Petzak, AIC City Report No. 9, a copy of a letter to Jake Howard, and the meeting calendar. XIII. Adjournment At Council request, the Executive Session was deferred to the next agenda. At 12:10 a.m., Wallace moved to adjourn. VanKomen seconded and the motion carried. Arthur J. Schmidt City Administrator 7 Jo in J . Al le Mayor ORDINANCE NO. 5.- AN ORDINANCE RELATING TO ANIMAL DRAWN VEHICLES; REQUIRING AN ANNUAL LICENSE, ESTABLISHING A LICENSE FEE, REQUIRING LIABILITY INSURANCE THEREFORE, REQUIRING THE CHIEF OF POLICE TO DESIGNATE SPECIFIC ROUTES FOR THE OPERATION OF SUCH VEHICLES, REQUIRING THE SANITARY DISPOSAL OF ANIMAL FECES, PROVIDING A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO: Secton 1. Licensing of Animal Drawn Vehicles -Annual License Fee. A person shall not operate or drive an animal drawn vehicle on any public street within the City of McCall without first having obtained a license to do so from the City Clerk. Such license shall be issued for a term of one year from the date of issue and shall be revocable by the City Council, with cause. Appication for such license shall be made on forms provided for that purpose. The license fee shall be $25.00 per year or any part thereof. Section 2. Liability Insurance. A license shall not be issued under this ordinance unless the applicant requesting such license furnishes proof of liability insurance to the City in the amounts required for motor vehicles as set forth in Idaho Code, Section 49-117. A11 such policies and certificates of insurance shall be issued by companies authorized to do business in the State of Idaho. Secton 3. Designation of Routes. The Chief of Police shall, within ten (10) days after the taking effect of this ordinance, designate in writing the route over which the animal drawn vehicles shall be operated and shall file the same with the City Clerk. The Chief of Police may from time to time make such changes in routes and/or stopping points as decreed best for the safety of the public, which change or changes shall take effect upon the filing of the same with the City Clerk. Section 4. Sanitary Disposal of Animal Feces. The applicant shall immediately dispose, in a sanitary way, of the feces of animals governed by this ordinance when deposited on the sidewalks or streets of the City. Section 5. Penalty Provisions. Any applicant who fails or refuses to obtain a license, follow designated routes or dispose of animal feces as required by this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $50. 00 nor more than $300. 00. Section 6. Effective Date. This ordinance shall be in full force and effect after its passage, approval and publication. <3 Passed and approved this .2?3A day of CITY OF McCALL John Al ►en, J` , Mayor , 1991. Attes Arthur J. chmidt, City Clerk