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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