HomeMy Public PortalAboutCouncil Minutes 1992 01/23MCCALL CITY COUNCIL
MINUTES
JANUARY 23, 1992
I. CALL TO ORDER AND ROLL CALL
Mayor Smith called the meeting to order at 7:05 p.m.
Councilmen Wallace, Larson and LeBrett answered the roll
call. Mr. VanKomen was absent. The Mayor declared that a
quorum was present.
II. MINUTES
The minutes of the January 9 meeting were presented.
Wallace moved to approve the minutes. Larson seconded and
the motion carried.
III. PAYMENT OF CLAIMS
A voucher report dated January 16. Bills from Western
Collision were noted and questioned. After discussion,
Wallace moved to authorize payment of the bills except for
the two Western Collision bills noted. Larson seconded
and the motion carried.
IV. CONSENT CALENDAR
No items were listed and no action taken.
V. MAYOR AND COUNCIL COMMENTS AND REPORTS
Mayor Smith nominated Frank Brown to the Golf Course
Advisory Committee to represent the Men's golf Association,
replacing Craig Collins who resigned, and Kay Larson to
replace David Engen whose term expired. Larson moved to
confirm both nominations. Wallace seconded and the motion
carried unanimously.
The Mayor reported that he had begun a Mayor's briefing
each Thursday at 10 a.m. with staff.
The Mayor asked the Council's advice in altering the
agenda to include a period for public comment each meeting.
He advised of his intent to write a weekly column for the
local newspaper. The Mayor also noted that the agenda will
address no new items after 12 noon on Tuesday's preceding
the Council meeting. The public comment period may be used
to introduce new items to the Council, but the Council is
free to refuse to take action. The public comment period
will be scheduled at 7:30 p.m. and hearings will, in the
future begin at 8 p.m.
The Mayor asked for clarification of Mr. Remaklus's
status regarding the Railroad right-of-way lawsuit. After
discussion, Larson moved to substitute the firm of Killen
and Kerrick as Attorney's of record in the case. LeBrett
seconded. The motion carried unanimously.
Mrs. LeBrett advised that the recycling center would
open by January 31. She inquired whether an opening
ceremony was desired by the city. No determination was
made on the question and she was asked to report back.
Mr. Larson inquired about the suspension of the Open
Container Ordinance for the annual Winter Carnival golf
tournament sponsored by Bryan's Burger Den. Wallace moved
to approve Resolution 7-92 suspending the open container
ordinance for this event. Larson seconded and the motion
carried unanimously.
Mr. Larson inquired if the open container ordinance had
been suspended for the Snowmobile races. He then moved to
approve Resolution 8-92 to suspend the ordinance for that
event. LeBrett seconded and the motion carried.
The Mayor presented an additional item for the agenda. A
request to set hearing dates for the annexation of the
gravel pit area and for a portion of Payette Lake was
received. With the Council's consent, he scheduled those
hearings for February 27, 1992 at 8 o'clock p.m.
VI. STAFF REPORTS
A. CITY ADMINISTRATOR'S REPORT
A written report noted the execution of the option
with Flightline Systems, the status of work on Winter
Carnival, and the scheduling of the Sewer facility plan
presentation with the Joint Planning and Zoning Commissions
VII. PUBLIC HEARINGS, 7:30 P.M.
A. ZONE RECLASSIFICATION REQUEST, RAY PATEL
A letter from Mr. Patel withdrawing his application
was noted. The Mayor vacated the hearing originally
scheduled for this time.
B. SPRING MOUNTAIN RANCH, ANNEXATION, ZONING PRIOR TO
ANNEXATION, AND APPROVAL OF GENERAL DEVELOPMENT PLAN,
THIRD READING, ORDINANCE TO ANNEX:
Due to illness of O'Neil Enterprises staff, material
was not ready for presentation. The Mayor ordered that the
January 20 Transportation Committee minutes and the
minutes of the January 14 Golf Course Advisory Committee be
made a part of the record. The floor was opened for
comment. No one appeared to be heard. The hearing was
closed and the Mayor, with consent of the Council,
continued the hearing to February 13, 1992 at 8 o'clock
p.m.
C. SITPA WATER RATE HEARING: The adoption of certain
ordinances resolves the matter for hearing purposes. The
Mayor closed the hearing.
VI. STAFF REPORTS (continued)
B. CITY TREASURER'S REPORT:
The Treasurer reported that the Annual Audit
report is expected for the February 13 agenda.
The Treasurer recommended that SITPA penalties and
interest on utility bills in the amount of $35.43 be
waived and recommended passage of Resolution 4-92. Larson
moved to adopt resolution 4-92. Wallace seconded and the
motion carried.
The Treasurer recommended that interest and
penalties in the amount of $31.05 be waived and recommended
adoption of Resolution 5-92. Wallace moved to adopt
Resolution 5-92. Larson seconded and the motion carried
unanimously.
The Treasurer presented Resolution 6-92 which
amends Resolution 20-91 at the request of WestOne Bank to
clarify certain matters regarding the Lease -Purchase
financing of the water system improvements. LeBrett moved
to adopt Resolution 6-92. Larson seconded and the motion
carried.
The question posited to Mr. Henderson regarding
proper participation in the water system improvement costs
was referred back to him for further research after some
discussion.
C. CITY ATTORNEY REPORT
Mr. Killen noted that he had asked Jamie Shropshire
the County Prosecutor to handle the one criminal matter
that had been transferred to Mr. Remaklus due to a
conflict. She agreed to do that at no cost to the city.
The Mayor indicated he would thank her for that
undertaking.
VIII. OLD BUSINESS
A. DIENHARD-BOYDSTON CONNECTOR STUDY DRAFT, CENTENNIAL
ENGINEERING
The draft report was reviewed. The Transportation
Committee had also taken up the matter. Action was deferred
to the time when those recommendations were taken up.
Mr Wallace asked that the Mayor write a letter to the
County to support their efforts to secure a right-of-way
for an additional route across the McGinnis and Sheep
right-of-way. He then moved for such action. Larson
seconded and the motion carried.
B. RESPONSE FROM IDAHO DEPARTMENT OF PARKS AND
RECREATION:
A letter from Jake Howard denied the use of Stibnite St
and Mission St. right-of-way for rerouting the recreational
pathway. Staff then advised that an appraisal should be
secured, possibly then further negotiations, then if those
were unsuccessful, condemnation of the Hoyle ownership
between Stibnite and Dienhard. After discussion the Mayor
directed staff to solicit appraisal estimates and to also
request estimates based upon a long term relationship with
the City.
The second matter in Mr. Howard's letter dealt with the
Wetlands mitigation matter and it was determined to take no
action in the matter.
C. WATER ENGINEERING PROPOSALS
Staff reported that four responses were received. Staff
was then directed to poll the Council to set a date for
interviewing all of the firms.
D. WATER RATE ORDINANCES AND RESOLUTIONS:
Ordinance 600 and 601 were considered. These will
change the water rates as previously determined and will
hold sewer rates at their current level.
Wallace moved to suspend the rule requiring that an
ordinance be read on three separate occasions for
considering Ordinances No. 600 and No. 601. Larson seconded
and on a roll call vote, Wallace, larson, and LeBrett
voted Aye. The Mayor declared the motion carried and
the rule suspended.
Larson then moved to Adopt Ordinance No. 600. Wallace
seconded. The City Attorney read the Ordinance by title. On
a roll call vote, Larson, Wallace and Le Brett voted
Aye. The Mayor declared the motion carried and the
Ordinance adopted.
Wallace then moved to adopt Ordinance No. 601. Larson
seconded. The City Attorney read the Ordinance by title. On
a roll call vote, Wallace, Larson, and LeBrett voted Aye.
The Mayor declared the motion carried and the Ordinance
adopted.
Resolution 2-92 was then presented which sets water
rates. Wallace moved to adopt Resolution 2-92. LeBrett
seconded. On a voice vote, 2 Aye votes and 1 No vote were
cast. The Mayor declared the motion carried and the
Resolution adopted.
Resolution 3-92 was presented which fixes sewer service
rates. Wallace moved to adopt Resolution 3-92. LeBrett
seconded. On a unanimous voice vote, the motion carried.
The Mayor declared the Resolution adopted.
IX. NEW BUSINESS
No items were listed and no action taken.
X. BOARD, COMMITTEE AND COMMISSION REPORTS REQUIRING ACTION
1. PARK AND RECREATION ADVISORY COMMITTEE, JANUARY
14,1992
The Committee recommended that a special use permit
for a concession stand in Art Roberts Park be issued to
Troop 246 of the Boy Scouts during Winter Carnival. Wallace
moved to approve the permit as recommended. Larson seconded
and the motion carried unanimously.
The Committee recommended that a Special use permit
be issued to the Idaho State Snow Sculpturing Competition
for use of the new Lakefront Park. Larson moved to approve
the permit as recommended. LeBrett seconded and the motion
carried.
The Committee recommended that the City pay the cost
from the Park bond for signs for the Net Pens as requested
by VALUED. Wallace moved to approve the payment. Larson
seconded and the motion carried.
2. TRANSPORTATION ADVISORY COMMITTEE, JANUARY 20, 1992
The Committee recommended certain changes to the
Spring Mountain Ranch agreement. The minutes of this
meeting were filed in the hearing record earlier in this
agenda on that matter.
The Committee recommended that the City seek a
meeting with the Idaho Transportation Board regarding the
Centennial Engineering Report on the Dienhard-Boydston
Connector. The Mayor agreed, with Council consent to secure
this meeting.
3. GOLF COURSE ADVISORY COMMITTEE, JANUARY 14, 1992
The Committee recommended certain actions regarding
construction of cart storage facilities. Larson moved to
direct staff to assist in preparing a Special Use Permit
to use the property for cart storage. LeBrett seconded
and the motion carried.
The capital project list was reviewed. Wallace moved
to have the Mayor write to the Golf Foundation to request
assistance in funding these projects. Larson seconded and
the motion carried.
The Committee's recommendation on amending the Pro's
contract was noted. The Council asked to defer this
recommendation until the audit report was received.
The Committee's recommendation on green fees was
noted. No action was taken.
XI. CORRESPONDENCE
Letters from Joni Fields and LeRoy Meyer were
noted.
XII. INFORMATION ITEMS
The following items were noted:
1. VALUED, INC. minutes of December 19, 1991
2. AIC, Legislative Hotline, Nos. 1 and 2
3. Golf Clubhouse schedule
XIII. ADJOURNMENT
At 9:49 p.m., without further business, Wallace moved
to adjourn. Larson
seconded and the
/�/mot
Arthur d. Schmidt,
Clerk
motion carried.
RESOLUTION NO.:; q,2
A RESOLUTION RELATING TO WATER; DEFINING
CUSTOMER CLASSES; SETTING THE RATES FOR
SEWER SERVICE AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, it is deemed in the best interest of the City and
its water users to increase water rates in order to provide
additional funds to pay the debt service and other costs of
implementing the City's Water Master Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
McCALL, IDAHO as follows:
Section 1. All users of the water provided by City of
McCall's shall be charged the rates hereinafter set forth,
to wit:
CLASS A: Residential users (except mobile home parks)
shall be charged at the rate of $15.00 per dwelling unit
per month.
CLASS B: Mobile Home Parks shall be charged at the
commercial rate of $17.00 per month plus metered overrun as
hereinafter defined.
CLASS C: A11 buildings and users not covered by Classes A
and B above shall be charged the commercial rate of $17.00
per month plus overrun as hereinafter defined.
OVERRUN: Overrun is defined as any and all water over and
above 3,000 gallons per month. Charges for overrun are as
follows:
(A) The next 5,000 gallons at $1.30 per 1,000 gallons.
(B) The next 10,000 gallons at $1.00 per 1,000 gallons.
(C) The next 10,000 gallons at $0.85 per 1,000 gallons.
(D) At the rate of $0.70 for each 1,000 gallons over and
above 28,000 gallons.
Section 2. This resolution shall be in full force and
effect on and after the 1st day of February 1992.
'lfPassed and approved this ay ofJanuary 1992.
ATTEST:
City Clerk
RESOLUTION NO. -I.2,
A RESOLUTION RELATING TO SEWER; DEFINING
CUSTOMER CLASSES; SETTING THE RATES FOR
SEWER SERVICE AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City provides central sewer collection and
treatment services to users both inside and outside the
corporate limits of the City.
WHEREAS, it is deemed in the best interest of the City and
its sewer users to set equitable rates according to the
volume and type of use of the City's sewer facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
McCALL, IDAHO as follows:
Section 1. Sewer Classification: All users of the sewer
system of the City of McCall are hereby classified as
follows:
Class A - private residences
Class B - industrial and commercial users
Class C - all other users
Section 2. Sewer Charges: The City of McCall shall charge
and the user shall pay monthly for sewer service the
following rates, to wit:
1. For each Class A use, a base fee of $12.50 per
month per dwelling unit.
2. For each Class B and C user, whichever of the
following results in the greater amount:
a. A base fee of $12.50 per month, or
b. A fee of $11.70 for the first 3,000 gallons
of water used plus:
$0.81 per 1,000 gallons for the next 5,000 gallons
$0.54 per 1,000 gallons for the next 10,000 gallons
$0.41 per 1,000 gallons for the next 10,000 gallons
$0.27 per 1,000 gallons over and above 28,000 gallons
Section 3. This resolution shall be in full force and
effect on and after the 1st day of February 1992.
Passed and approved this ?3 day o1992.
Attest,:? Mayor
City Cler
RESOLUTION NO. �
A RESOLUTION OF THE CITY OF MCCALL, IDAHO RELATING TO WATER
AND SEWER UTILITY SERVICES; CONSIDERING A REQUEST FOR ADJUST-
MENT OF CHARGES FOR UTILITY SERVICES AND ANNOUNCING A DECISION.
WHEREAS, the City of McCall operates and maintains a water distribution
system and a sanitary sewer system both within and without the
corporate limits of the City of McCall.
WHEREAS, the Mayor and Council of the City of McCall, Idaho have set certain
charges for the water and sewer services and have promulgated those
charges in its ordinances duly passed and approved and published in its
official newspaper.
WHEREAS, the Mayor and Council of the City of McCall, Idaho at itsegula
,9_3 c,9— considered the request of
to adjust or correct the account balance
of ch ges for services provided at adjust
which request is annexed to and made a part of this resolution as if
contained herein in its entirety.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL,
IDAHO as follows:
'•� 1: The charges to the account of the petitioner are • --
and p •--- -nd in accordance with the ordinan - e City of
McCall.
Section 2: That the
reasurer be - = is hereby ordered to
colle - amount due from the petitioner.
Section 1: The charges to the account of the petitioner are not correct
or should be adjusted due to mitgating circumstances.
Section 2: That the City Treasurer be and he is hereby ordered to
reduce the amount due on the account of the petitioner by
from the aeneral Fura and charged to the Council's contingency.
PASSED AND APPROVED this c3C' day of ,�..e��%ti%,/ 19
t /7461/11(2
Mayo
ATTEST:
RESOLUTION NO. S-
A RESOLUTION OF THE CITY OF MCCALL, IDAHO RELATING TO WATER
AND SEWER UTILITY SERVICES; CONSIDERING A REQUEST FOR ADJUST-
MENT OF CHARGES FOR UTILITY SERVICES AND ANNOUNCING A DECISION.
WHEREAS, the City of McCall operates and maintains
system and a sanitary sewer system both within
corporate limits of the City of McCall.
WHEREAS, the Mayor and Council of the City of McCall, Idaho have set certain
charges for the water and sewer services and have promulgated those
charges in its ordinances duly passed and approved and published in its
official newspaper.
WHEREAS, the Mayor and Council of the City of McCall, Idaho at its regular
m eting on J?vt�� a. / a2- considered the request of G����i�-
�j/21,,G%}D�� to adjust or correct the account balance
for services provided
water distribution
and without the
of charges at /c7O �57
which request is annexed to and made a part of this resolution as if
contained herein in its entirety.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL,
IDAHO as follows:
on 1: The charges to the account of the petitioner are co
an• • and in accordance with the ordinances • e City of
McCall.
Section 2: That the
asurer be •e is hereby ordered to
collect •- -• ount due from the petitioner.
Section 1: The charges to the account of the petitioner are not correct
or should be adjusted due to mitgating circumstances.
Section 2: That the City Treasurer be and he is hereby ordered to
reduce the amount due on the account of the petitioner by
$
Section 3: Funds to reduce the account balance are to be transferred
from the General Fund and charged to the Council's contingency, -
PASSED AND APPROVED this ,i?3,/day of / v�
ATTEST:
City C erk`,
19�:
RESOLUTION 6-92
A RESOLUTION REGARDING THE MCCALL CITY WATER
SYSTEM; AMENDING RESOLUTION 20-91 TO INCLUDE
ACTUAL PROJECT COSTS.
WHEREAS, Resolution 20-91 passed and approved by the McCall
City Council on October 10, 1991, approved a certain
promissory note in an amount equal to the total
estimated costs of certain water improvement projects.
WHEREAS, the projects have been completed, the actual
project costs are now known and the Mayor and Council
wish to amend Resolution 20-91 to reflect the actual
amount and terms.
NOW, THEREFORE, Be it resolved by the City Council of the
City of McCall, Idaho, as follows:
Section 1: That finding 6 of Resolution 20-91 be and
the same is hereby amended to read as follows:
6. Upon competitive bidding under the provisions of
Section 50-341, Idaho Code, the lowest and best bid for the
above main replacements was submitted by Brown Construction
Company of Caldwell, Idaho, in the amount of $354,588.00
and an additional sum of $55,247.00 is required for
engineering services and other cost, making a total project
costs of $409,835.00 The actual project costs upon
completion of the project were determined to be
$330,978.29.
Section 2: That finding 8 of Resolution 20-91 be and
the same is hereby amended to read as follows:
8. West One Bank, Idaho, N.R., has offered to
finance the replacement of such mains and engineering and
related cost on an amortized bsasis over a seven (7) Five
(5) year .term bearing interest at 7.20% per annum,
according to the terms of that certain promissory note
annexed ,hereto as Exhibit I and by reference incorporated
herein.
7
Dated this 27 �ay of January 1992.
RESOLUTION NO. 7-92
A RESOLUTION RELATING TO THE MC CALL AREA CHAMBER OF COMMERCE
ANNUAL CELEBRATION; MAKING CERTAIN FINDINGS AND PROVIDING THAT
FOR A SPECIFIED TIME IT SHALL NOT BE UNLAWFUL TO POSSESS OPEN
CONTAINERS OF ALCOHOLIC BEVERAGES, PROVIDED THAT SUCH ALCOHOLIC
BEVERAGES ARE SERVED BY LICENSED VENDORS HOLDING VALID CATERING
PERMITS FOR THE SPECIFIC OCCASION.
WHEREAS, The McCall Area Chamber of Commerce has requested
permission to dispense alcoholic beverages for a limited time at
the Brian's Burger Den/Sprouce Lot in connection with its annual
Winter Carnival, Miniature Golf Tournament on ice.
WHEREAS, The McCall Area Chamber of Commerce is a broad -based
community non-profit organization actually engaged in, among
other things, promoting the economic well-being of the City of
McCall; and
WHEREAS, The City, pursuant to the provisions of Section
50-302, Idaho Code, has the obligation, among other things, to
make ordinances, resolutions, rules and regulations covering the
peace, good government and welfare of the city and its trade,
commerce and industry, and the city has provided in Section
5-1-54 of the Village Code of McCall, Idaho for the allowance of
open containers of alcoholic beverages on public streets, ways
and places, upon resolution of the City Council.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the
City of McCall, Idaho pursuant to the authority vested in the
city and for the reasons set forth above, as follows:
The from 1:00 p.m., Tuesday February 4, 1992 until 6:00 p.m.
Tuesday February 4, 1992 at the place above specified, the
possession of open containers of alcoholic beverages by persons
of legal age shell not be unlawful, provided that all alcoholic
beverages are served by vendors of liquor by the drink, licensed
by the City of McCall and dispensing said beverages under a
catering permit issued to each licensee individually for the
Winter Carnival, Miniature Golf Tournament on Ice.
That the McCall Area Chamber of Commerce shall provide the City
with a $1,000,000 blanket liability insurance policy covering
this event, naming the City as an additional insured.
T�
Dated this, ? -day of January, 1992
Attest:
Mayor
`City Clerk
RESOLUTION NO. 8-92
A RESOLUTION RELATING TO THE MC CALL AREA CHAMBER OF COMMERCE
ANNUAL CELEBRATION; MAKING CERTAIN FINDINGS AND PROVIDING THAT
FOR A SPECIFIED TIME IT SHALL NOT BE UNLAWFUL TO POSSESS OPEN
CONTAINERS OF ALCOHOLIC BEVERAGES, PROVIDED THAT SUCH ALCOHOLIC
BEVERAGES ARE SERVED BY LICENSED VENDORS HOLDING VALID CATERING
PERMITS FOR THE SPECIFIC OCCASION.
WHEREAS, the McCall Area Chamber of Commerce has requested
permission to dispense alcoholic beverages for a limited time at
the Valley County Snowmobile Track, Deinhard Lane in connection
with its annual Winter Carnival Snowmobile Races;
WHEREAS, the McCall Area Chamber of Commerce is a broad -based
community non-profit organization actually engaged in, among
other things, promoting the economic well-being of the City of
McCall; and
WHEREAS, the City, pursuant to the provisions of Section 50-302,
Idaho Code, has the obligation, among other things, to make
ordinances, resolutions, rules and regulations covering the
peace, good government and welfare of the city and its trade,
commerce and industry, and the city has provided in Section
5-1-54 of the Village Code of McCall, Idaho, for the allowance
of open containers of alcoholic beverages on public streets,
ways and places, upon resolution of the City Council.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the
City of McCall, Idaho, pursuant to the authority vested in the
City and for the reasons set forth above, as follows:
That from 10:00 a.m., Sunday February 2, 1992 until 10:00 p.m.
February 2, 1992 at the place above specified, the possession of
open containers of alcoholic beverages by persons of legal age
shall not be unlawful, provided that all alcoholic beverages are
served by vendors of liquor by the drink, licensed by the City
of McCall and dispensing said beverages under a catering permit
issued to each licensee individually for the McCall Area Chamber
of Commerce Snowmobile Races.
That the McCall Area Chamber of Commerce shall provide the City
with a $1,000,000 blanket liability insurance policy covering
this event, naming the City as an additional insured
Dated thisday of January, 1992
Mayor
Attest:
City Clerk