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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