HomeMy Public PortalAboutCouncil Minutes 1992 01/09MCCALL CITY COUNCIL
MINUTES
JANUARY 9, 1992
MEETING OF THE RETIRING CITY COUNCIL:
I. CALL TO ORDER AND ROLL CALL
Mayor Allen called the meeting to order at 7:04 p.m.
Councilmen McCarty, Wallace, and Larson answered the roll
call. Mr. VanKomen was absent.
II. MINUTES:
The minutes of the December 7 and December 30 meetings
were considered. Wallace moved to approve the minutes of
both meetings. Larson seconded and the motion carried
unanimously.
III. PAYMENT OF CLAIMS:
A list of claims dated January 6 was considered. Larson
moved to approve the claims. Wallace seconded. The motion
carried.
IV. OATHS OF OFFICE:
The Clerk administered the oath of office to Larry
Smith, elected to the office of Mayor and to Cindi LeBrett
and Francis Wallace, who were elected to four year Council
terms. Mayor Allen presented each of them with a
Certificate of Election.
V. RECESS
Mayor Allen declared a recess during which the newly
elected officials were seated.
MEETING OF THE NEW COUNCIL
I. CALL TO ORDER AND ROLL CALL
Mayor Smith called the meeting back to order at 7:08
p.m. Councilmembers LeBrett, Wallace and Larson answered
the roll call. Mr. VanKomen was absent. The Mayor declared
that a quorum was present.
II. PRESENTATIONS:
Mayor Smith presented plaques to John Allen and Bob
Mccarty to commemorate their service to the city.
III. ELECTION OF COUNCIL PRESIDENT:
Mr. Larson nominated Mr. VanKomen for the office of
Council President. Wallace seconded the nomination. There
were no other nominations. The chair closed the nominations
and Mr. VanKomen was elected by a unanimous vote of the
Council.
IV. CONSENT CALENDAR
The 1992 Beer and Wine license for the Lakeview Chevron
was the only item listed on the calendar. Larson moved to
approve the calendar. Wallace seconded the motion. The
motion carried unanimously.
V. MAYOR AND COUNCIL COMMENTS AND REPORTS
Mayor Smith advised the Council that all future
meetings of the Council would be conducted in the American
Legion Hall in the City Hall basement. The upstairs room
was needed for office space. He agreed to coordinate with
the American Legion.
VI. STAFF REPORTS
A. CITY ADMINISTRATOR'S REPORT:
A list of pending projects, a staff report on the
animal control/ordinance officer duties and activities, and
a request for an executive session were advanced to the
Council.
B. CITY TREASURER'S REPORT:
After discussion, Wallace moved to approve the
Treasurer's Quarterly financial report for publication for
the quarter October 1 through December 31, 1991.
With the Council's consent, the Mayor ordered the
December 1991 monthly financial report filed.
VII. PUBLIC HEARINGS, 7:30 P.M.
A. SPRING MOUNTAIN RANCH, ANNEXATION, ZONING PRIOR TO
ANNEXATION, AND THIRD READING OF THE ANNEXATION ORDINANCE:
Staff reported that the revisions of the three
agreements had been delivered this date. The negotiation
committee can now meet. The Mayor opened the hearing to
further public comment. No one appeared to be heard. The
hearing was then continued to January 23, 1992 at 7:30 p.m.
by order of the Mayor with the consent of the Council.
B. WATER RATE HEARING:
Staff reviewed the progress toward compliance with the
requirements of the Clean Water Act and toward improvement
of the collection systems through the Water Master Plan of
1988, as revised in 1990. The rate study and a memorandum
from Mr. Henderson were also noted. Mayor Smith opened the
hearing to public comment. Kenneth Dunn encouraged the city
to seek loan assistance from the Idaho Department of Water
Resources. No one else appeared to be heard. The hearing
was closed and the matter returned to the Council table.
There was discussion of reviewing the turn-on rate to
ensure that second home owners contributed appropriately to
the system capital costs.
Wallace moved to accept the staff recommendation and
increase the basic water rate to $15.00 per month for
residential users, $17.00 per month for commercial users
and an average cost per unit of $1.00 per each 1,000
gallons on the override charged to commercial accounts.
Larson seconded. The motion carried unanimously. The
Mayor directed staff to return to the Council with a
recommendation for action on the turn-on fee.
VIII. OLD BUSINESS
A. WASTEWATER FACILITY PLAN:
George Wagner of JUB engineering reviewed the status
of the project. Wayne Forrey and he also discussed the
"Existing Conditions" section of the study and submitted a
draft report. After discussion, Wallace moved to refer the
matter to the Joint Planning and Zoning Commission for a
public workshop and recommendation. Following that
recommendation, the Council will conduct a public hearing.
Larson seconded and the motion carried.
B. CITY ATTORNEY RFP
Mayor Smith advocated the creation of a full-time city
attorney position. Following discussion, Larson moved to
reject all proposals received for the attorney contract,
and to authorize the advertisement for a full time city
attorney. LeBrett seconded and the motion carried
unanimously.
The Mayor requested that Bob Remaklus be removed as
City Attorney. On a roll call, Wallace, Larson and
LeBrett voted Aye. The Mayor then asked that the firm of
Killen and Kerrick be designated as the Acting City
Attorney. On a roll call vote, Wallace, Larson, and
LeBrett voted Aye.
C. ORDINANCE 598, PROVIDING RELIEF FROM INTEREST AND
PENALTY CHARGES FOR HARDSHIP ASSESSED ON WATER USER FEES:
A draft of the Ordinance No 598 was reviewed. Wallace
moved to suspend the rule requiring that an ordinance be
read on three separate occasions. Larson seconded. On a
roll call vote, Wallace, Larson and LeBrett voted Aye. The
Mayor declared the motion carried and the rule suspended.
The Attorney read the Ordinance by title. Wallace then
moved to adopt Ordinance 598. Larson seconded. On a roll
call vote, Wallace, Larson and LeBrett voted Aye. The Mayor
declared that the motion carried and the Ordinance was
adopted.
D. ORDINANCE 599, PROVIDING RELIEF FROM INTEREST AND
PENALTY CHARGES FOR HARDSHIP ASSESSED ON SEWER USER FEES:
A draft of Ordinance No. 599 was reviewed. It was
clarified that Ordinance 598 only applied to water user
fees. This ordinance provides similar relief in the case
of sewer user fees.
Larson moved to suspend the rule requiring that an
ordinance be read on three separate occasions. LeBrett
seconded. On a roll call vote, Larson, LeBrett, and Wallace
voted Aye. The Mayor declared the motion carried and the
rule suspended.
The Attorney read Ordinance 599 by title. Larson moved
to adopt Ordinance 599. LeBrett seconded. On a roll call
vote, Larson, LeBrett, and Wallace voted Aye. The Mayor
declared the motion carried and Ordinance 599 adopted.
IX. NEW BUSINESS
A. RESOLUTION 1-92
Larson moved to designate the Mayor, Council President
VanKomen, and Councilman Wallace and the City
Administrator/Clerk and City Treasurer as the signatories
on the bank signature cards and to approve the resolution
authorizing those persons to sign checks for the city. The
requirement for a signature of one elected and one
appointed official would continue. LeBrett seconded and
the motion carried. The Mayor declared Resolution 1-92
adopted.
X. BOARD, COMMITTEE AND COMMISSION REPORTS REQUIRING ACTION
A. AIRPORT ADVISORY COMMITTEE MINUTES, JANUARY 8, 1992
1. Assignment of Lease and Agency Agreement, Pioneer
Air Service: The Committee recommended approval of the
request to assign the lease held by Pioneer Air Service
to Kirk and Laurie Braun and Ballard and Charlie Smith. The
City Attorney asked that the Council stipulate that the
city be advised that the anticipated corporation to be
formed constructively notice the city that it would assume
all obligations of the lease and agency agreement. Wallace
moved to approve the assignment with the stipulation
outlined by the Attorney, Larson seconded and the motion
carried.
XI. CORRESPONDENCE
1. Letter from Mike Wallace:
The complaint regarding snowmobiles had been resolved
by securing an agreement of an adjoining landowner to
permit grooming of snowmobile routes across his private
property.
2. Correspondence from IDPR: Chief Parker's letter
requesting and the Departments approval of approximately
$1100 to acquire snowmobile route signs was noted. A memo
from Chief Parker asked authorization to purchase the signs
immediately to secure them in time for the Winter Carnival.
Larson moved to approve the purchase. Wallace seconded and
the motion carried.
3. Letter from Councilman Penry, City of Donnelly
regarding use of the city dog pound:
The development of an agreement for use by the city of
Donnelly for the dog pound was considered. Staff was
directed to negotiate an agreement and return it to the
Council for approval.
XII. INFORMATION ITEMS:
Two items, AIC City Report No 1, 1992, and a press
release for the Idaho Aviation Hall of Fame were noted.
XIII. EXECUTIVE SESSION
Wallace moved to recess to Executive Session, pursuant
to Idaho Code 67-2345 subsection (C) to discuss acquiring
an interest in real property not owned by another public
agency. LeBrett seconded and the motion carried. The
Council recessed to executive session at 10:05 p.m. At
10:30 p.m. the Council returned to open session. Mayor
Smith announced that the acquisition of right-of-way for
the Boydstun St. Connector had been discussed. The Council
will respond to Mr. Millemann, representing Mr. Manchester,
that the city is unable to provide cost estimates, that the
city stands ready to be of assistance in acquiring the
necessary rights-of-way but cannot commit city funds for
estimating the costs.
XIV. ADJOURNMENT
At 10: 31 p.m., Wallace~moved to adjourn.
seconded and the motion carr~~
~~ Smith,
Arthur J//Schmidt, Clerk
/
Larson
AN ORDINANCE RELATING TO WATER SERVICE; ~ENDING SECTION
8-1-48 OF THE McCALL CITY CODE TO PROVIDE THAT WATER USERS
MAY BE ELIGIBLE FOR RELIEF UNDER EXTRAORDINARY CIRCUMSTANCES
OR iN THE EVENT OF UNDUE HARDSHIP; ALSO PROVIDING THAT
PENALTIES FOR LATE PAYMENT OF WATER CHARGES MAY BE WAIVED AT
THE DISCRETION OF THE CITY COUNCIL.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
McCALL, IDAHO, AS FOLLOWS;
Section 1. That Section 8-1-48 of the McCall City Code be,
and the same is hereby amended to read as follows:
8-1-48:
~e-~w~-~er-e~-p~y~-~~fe~e~~-o~-khe
s~m~-~-~~%~-~e-~s~me~-se-~we~r Relief
for Extraordinary Circumstance or Undue Hardship;
General Fund Reimbursement; Waiver of Penalty.
(1) For good cause shown, demonstrating unusual or
extraordinary circumstances, or in order to avoid undue
hardship the City Council at its discretion, may
provide relief to a water user, whether individual,
partnership, corporate, unincorporated association, or
governmental in nature. In the event relief is
granted, it shall be accomplished not by modification
of the otherwise applicable rates or schedules as
herein contained, but by determining a differential
between the usual rate and the allowed rate; the
differential shall be reimbursed from the General Fund
by crediting said amount to the account of the user
receiving the allowance.
(2) For good cause shown, demonstrating unusual or
extraordinary circumstances, or in order to avoid undue
hardship, the City Council, at its discretion, may also
waive the penalty provided in Section 8-4-41 of this
code, otherwise imposed or imposable on a water user,
whether individual, partnership, corporate,
Ordinance No.
Page Two
unincorporated association or governmental in nature,
without reimbursement of same by transfer from the
General Fund.
(3) Any user seeking relief or waiver as above
provided shall submit a written application to the City
Treasurer detailing the consideration sought. The
application shall set forth in sufficient detail the
facts and circumstances alleged to support the
particular relief or waiver sought; the treasuer shall
review the application and if complete, submit same
with a recommendation to the Council for their
consideration; if incomplete, the applicant shall be so
advised and given the opportunity to re-submit.
Section 2. This ordinance shall be in full force and effect
upon passage and publication in one (1) issue of the Central
Idaho Star News.
Passed and approved this ~ day of/~~~, 1992.
Attest:
Arthur J/ Schmidt, City Clerk
AN ORDINANCE RELATING TO SEWER SERVICE; ADDING SECTION
8-4-3A TO THE McCALL CITY CODE TO PROVIDE THAT SEWER USERS
MAY BE ELIGIBLE FOR RELIEF UNDER EXTRAORDINARY CIRCUMSTANCES
OR IN THE EVENT OF UNDUE HARDSHIP; ALSO PROVIDING THAT
SERVICE CHARGES AND PENALTIES FOR LATE PAYMENT OF SEWER
CHARGES MAY BE WAIVED AT THE DISCRETION OF THE CITY COUNCIL.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
McCALL, IDAHO, AS FOLLOWS;
Section 1. That Section 8-4-3A of the McCall City Code be
enacted as follows:
8-4-3A: Relief for Extraordinary Circumstance or Undue
Hardship; General Fund Reimbursement; Waiver of
Penalty.
(1) For good cause shown, demonstrating unusual or
extraordinary circumstances, or in order to avoid undue
hardship the City Council at its discretion, may
provide relief to a sewer user, whether individual,
partnership, corporate, unincorporated association, or
governmental in nature. In the event relief is
granted, it shall be accomplished not by modification
of the otherwise applicable rates or schedules
contained in Section 8-4-2, but by determining a
differential between the usual rate and the allowed
rate; the differential shall be reimbursed from the
General Fund by crediting said amount to the account of
the user receiving the allowance.
(2) For good cause shown, demonstrating unusual or
extraordinary circumstances, or in order to avoid undue
hardship, the City Council, at its discretion, may also
waive the service charges and penalty provided in
Section 8-4-2A of this code, otherwise imposed or
imposable on a sewer user, whether individual,
partnership, corporate, unincorporated association or
governmental in nature, without reimbursement of same
· by transfer from the General Fund.
(3) Any user seeking relief or waiver as above
provided shall submit a written application to the City
Treasurer detailing the consideration sought. The
application shall set forth in sufficient detail the
facts and circumstances alleged to support the
Ordinance No.
Page Two
particular relief or waiver sought; the treasuer shall
review the application and if complete, submit same
with a recommendation to the Council for their
consideration; if incomplete, the applicant shall be so
advised and given the opportunity to re-submit.
Section 2. This ordinance shall be in full force and effect
upon passage and publication in one (1) issue of the Central
Idaho Star News.
Passed and approved this ~-"~ f~, ~,
-~ day o ~~. , 1992.
L A Smith, Jr~f ~ayor
Attest:
A~r't~hur~~ Schmidt, City
Clerk