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HomeMy Public PortalAboutCouncil Minutes 1992 02/13MCCALL CITY COUNCIL MINUTES FEBRUARY 13, 1992 I. CALL TO ORDER AND ROLL CALL Mayor Smith called the meeting to order at 7:00 p.m. and Councilmen VanKomen, Wallace, Larson, and LeBrett answered the roll call. The Mayor declared a quorum present. II. MINUTES The minutes of January 23, 1992 were reviewed. Wallace moved to approve the minutes as presented. Larson seconded and the motion carried. III. PAYMENT OF CLAIMS After review of the Western Collision bills for which payment had been withheld on January 23, Wallace moved to approve payment of the Western Collision bill for $832.88 incurred by the Police Department, and to refer the claim to the City Attorney for inquiry to the officer's Homeowners insurance. Larson seconded and the motion carried. VanKomen then moved to pay the Western Collision bill for $200 incurred by the Fire Department for training. Larson seconded and the motion carried. VanKomen the moved to approve the January 22 and the February 4 payroll registers. Larson seconded and the motion carried. III. CONSENT CALENDAR Catering permits for the Sportsman's Bar and Grill for February 2, and February 4, for Lardo's Bar and Grill for February 4 and for the Sportsman on February 29 and March 1 were submitted. VanKomen moved to approve the consent calendar. Wallace seconded and the motion carried. IV. MAYOR AND COUNCIL COMMENTS AND REPORTS A. MAYOR 1. Additional Items for the agenda: a. IDOT: Mayor Smith noted a letter, just received,inviting the City to attend the March 19 Transportation Board meeting to hear the engineer's report on the Dienhard-Boydston Connector. b. Beer and Wine License transfer: The application for transfer of ownership and location of the Huckleberry Restaurant license to Robert Cooke was added to the agenda. Wallace moved to approve the transfer. Larson seconded. The motion carried. 2. Executive Session; The Mayor requested an executive session to consider the hiring of a public official, a City Attorney, pursuant to IC 67-2345, subsection (a). VanKomen moved to conduct the session at the end of the regular agenda. Larson seconded and on a roll call vote, VanKomen, Larson Wallace and LeBrett voted Aye. The Mayor declared the motion carried. B. COUNCIL: There were no Council comments. V. PUBLIC COMMENT: No one appeared to be heard. VI.STAFF REPORTS: A. CITY ADMINISTRATOR'S REPORT: An oral report noted the purchase of the Chitwood parcel of the Railroad right-of-way, the February 26 meeting with downtown property owners regarding the Parking LID, closing the new park restroom until May 1, the decision of the Land Board to permit the Idaho Parks Department, Ponderosa Park, to operate the facility for up to five years, and asked that the meeting be recessed to March 19 to permit interviewing Water System Engineers. The list of 1991 accomplishments was noted. B. CITY TREASURER'S REPORT: The Voucher report for February 6 was considered. The Council questioned a motel bill from the Police Department and asked for a follow-up report. VanKomen moved to approve the payment of the claims. Wallace seconded and the motion carried. The Treasurer submitted the monthly financial report for the month ending January 31, 1992. VanKomen moved to accept the report. Wallace seconded and the motion carried. The Council asked that future reports carry the percentage YTD numbers. The question about the additional meeting to discuss water rates was debated. The council determined to include this matter in the agenda for March 19, at the recessed session. The Mayor so ordered. C. CITY ATTORNEY'S REPORT The City Attorney reviewed the status of the Neal St. UST case, the Clark case, and the May 7 trial date for the UPRR case. He noted that the RFP for Golf concession services needs the approval of the City's bond counsel. VII. PUBLIC HEARINGS: A. SPRING MOUNTAIN RANCH, ANNEXATION, ZONING PRIOR TO ANNEXATION, APPROVAL OF GENERAL DEVELOPMENT PLAN AND 3RD READING OF ENABLING ORDINANCE: Mayor Smith opened the hearing promptly at 8 p.m.. He presented the final agreements which had been negotiated following the December 7 City Council meeting and the agreements were made a part of the hearing record. A letter dated January 28 from Mr. Selvage regarding the December 7 roadway agreements was also entered into the hearing record. A letter form Michael Moore, bond counsel, was distributed, offering an opinion that the language in the golf agreement regarding the formation of an LID, as he had recommended for amendment and is now written, was acceptable. The Council inquired about the cost of appraisals on the bypass road legs, should the developers fail to reach agreement with the landowners before the date noted in the agreement. They asked about the use of a paving machine for application of asphalt. They inquired about the roadway width increased to 36'. Kay Larson appeared and debated the amount of the cost of maintenance for the break-in period for the Golf Course Addition and asked that no amount be stated in the agreement. After lengthy discussion, the Council asked and the developer agreed to pay one half of the incidental costs (appraisals, and attorney fees) for the condemnations, to provide the City with the use of a paving machine for the paving of the by-pass road if the City did not own one at that time, to increase the cap on the golf course maintenance costs to $25,000. VanKomen then moved to approve the Water System Agreement, the Golf Course agreement, and the Roadway Agreement as amended by the above discussion and agreement, and authorize the Mayor to sign when amended. Wallace seconded and on a roll call vote, VanKomen, Wallace Larson, and LeBrett voted Aye. The Mayor declared the motion carried Ordinance 23, 1991, and Ordinance 586 City Attorney call vote was 586 was presented. It was first read on May again June 13, 1991. Wallace moved to adopt on its third reading. Larson seconded. The then read Ordinance 586 by title. The roll cast with Wallace, Larson, VanKomen, and LeBrett voting Aye. The motion carried unanimously. The Mayor declared the motion carried and the Ordinance adopted. VanKomen then moved to adopt Resolution 12-92, approving the General development Plan for Spring Mountain Ranch, P.U.D. Larson seconded and the motion carried unanimously on a voice vote. Mr. Selvage then requested that the 404 Wetlands Applications be listed on the agenda for the project on the next agenda, in a notorious fashion, to resolve the Corps of Engineers difficulty. With the consent of Council, the Mayor so ordered. VIII. OLD BUSINESS A. 1991 ANNUAL AUDIT REPORT Mitchell Marx presented the report and reviewed it with the City Council. He recommended in the management letter that the city adopt a Drug -Free workplace policy in order to qualify for additional federal funding. After discussion, Wallace moved to accept the report, with page 62 amended as was noted in the presentation. Larson seconded and the motion carried. The reengagement letter was then presented and discussed. The Mayor ordered this item to the next agenda. B. 1992 PICK-UP TRUCK, AWARD OF BID: A bid summary of the six bids received was noted. A recommendation to waive the 30 day delivery specification was also received. Larson moved to waive the 30 day delivery specification, and to award the contract for the equipment to Sundance Dodge, the low -bidder for $14,882. LeBrett seconded and the motion carried unanimously. C. CERTIFICATE OF SUBSTANTIAL COMPLETION, PARK RESTROOMS: The document was considered. Wallace moved to approve the substantial completion document, subject to the architects approval. VanKomen seconded and the motion carried unanimously. D. FAA, AIP GRANT AMENDMENT, PROJECT NO.3-16-0023-03 The amendment approval will initiate close out of the grant project. Wallace moved to approve the Grant Amendment. Larson seconded and on a roll call vote, Wallace, Larson, LeBrett and VanKomen voted Aye. The Mayor declared the motion carried. E. RESOLUTION 11-92, DEDICATING THE CHITWOOD PARCEL TO PERPETUAL PARK USE: Wallace moved to approve Resolution 11-92. VanKomen seconded and the motion carried unanimously on a voice vote. IX. NEW BUSINESS A. AIRPORT SEWER SERVICE, PRELIMINARY ENGINEERING REPORT Kim Allen of Toothman-Orton Engineering appeared and reviewed the report with the Council. After discussion, the Council agreed to adopt the Engineer's recommendation contained in the report for service in the area which involves a lift station and pumping the flows into the Dienhard Lane line. Larson moved to adopt the engineers recommendation for service to the area. VanKomen seconded and the motion carried. B. WATER REVENUE BOND ELECTION The Council noted receipt of letters from Michael Moore to act as bond counsel for the issue. The body noted receipt of Ordinance No. 602, and Resolutions Nos. 9-92 and 10-92. After discussion of the amount of the bond issue and various uncertainties about the amount of the bond, the Council elected to hold Ordinance 602 and Resolution 9-92 for further consideration. Mr. Moore suggested that setting the election date and the polling place could be done at this time. Wallace then moved to conduct a Water Revenue bond election on April 7, 1992. Larson seconded and the motion carried unanimously. Larson then moved to set the polling place as the McCall City Hall, lower level for that election on April 7. VanKomen seconded and the motion carried unanimously. Resolution 10-92, appointing Davis Wright Tremaine, represented by Michael Moore, as the bond Counsel for this issue was considered. VanKomen moved to adopt Resolution 10-92. Wallace seconded. On a roll call vote, VanKomen, Wallace, LeBrett and Larson voted Aye. The Mayor declared the resolution adopted. C. APPOINTMENT OF ELECTION CLERK The City Clerk requested appointment of Eileen Moon as an additional deputy election clerk. VanKomen moved to approve the appointment. Larson seconded and the motion carried unanimously. D. OFFER TO SELL PROPERTY, MCCALL-DONNELLY SCHOOL DISTRICT: An agreement from the district to acquire the half of the railroad right of way between Stibnite and First streets was presented. A staff memorandum recommending a cash payment was also considered. After discussion, the Council agreed to the price of $26,000 and asked that a counter-offer of $6,000 down with the balance paid at 4 1/2% interest over 8 years ( approximately $3000 per year). VanKomen moved to direct staff to present this offer to the District. Wallace seconded and on a roll call vote, VanKomen, Wallace, Larson and LeBrett voted Aye. The motion carried. E. REMODELING OF CITY HALL A narrative plan, budget and floor plans of the proposed remodeling was presented. After review and discussion, Larson moved to approve the remodeling and authorize the expenditures from the Court and City Hall Building funds as proposed. VanKomen seconded and the motion carried. X. BOARD, COMMITTEE, AND COMMISSION MINUTES REQUIRING ACTION: A. AIRPORT COMMITTEE MINUTES OF FEBRUARY 5 AND FEBRUARY 12 The Council took up the February 5 minutes. The Council noted the airport lighting status. The Committee also recommended that Mr. Townley be scheduled to discuss his lease with the Council. With the consent of the Council, the Mayor so ordered. The Council then took up the February 12 minutes. The Committee recommended that the Recycling facility not be located on the airport. Mike Dorris spoke against the proposal. John Wolf, representing the committee also spoke against the proposal. After discussion, the Mayor, with consent of the Council, tabled the matter to the February 27 agenda. XI. CORRESPONDENCE A. Letter from Candi Holbrook: Staff asked to treat this letter as a claim against the city. Wallace moved to confirm the treatment of this letter as a claim and to confirm the referral of the matter to the City Attorney and City insurance carrier. Larson seconded and the motion carried unanimously. B. Letter from Mike Barton: Wallace moved to acknowledge receipt of the letter. Larson seconded and the motion carried. C. Letter from Governor's office: Wallace moved to acknowledge receipt of the letter. Larson seconded and the motion carried. XII. INFORMATION ITEMS: Receipt of the following items was acknowledged: Wolf Center of the Rockies, Project Abstract Brochure from Highway 95 Association AIC Legislative Hotlines, Nos. 3, 4 , and 5 Net Market Valuation for City from County Clerk AIC Local Government Legal News Notification of Public Depository, WestOne Bank XIII. EXECUTIVE SESSION: The Council recessed to Executive session as authorized earlier on the agenda to discuss the appointment of a City Attorney at 12:15 a.m. The Council returned to open session at 12:45 a.m. The Mayor then nominated Ted Burton to be appointed as City Attorney. Larson moved to confirm the nomination. LeBrett seconded and the motion carried on a roll call vote with Larson, LeBrett, VanKomen and Wallace voting Aye. Wallace then moved to direct staff to hold funds identified to pay for this position as identified in the February 10 Administrator's memorandum and to direct that this reallocation be addressed in a budget amendment. Larson seconded and the motion carried on a voice vote. XIV. RECESS At 12:48 a.m. Wallace moved to recess until Wednesday, February 19 at 1 p.m. Larson seconded and the motion carried. RECESSED SESSION OF FEBRUARY 13 MEETING: I. ROLL CALL AND CALL TO ORDER Mayor Smith called the recessed meeting of February 13 back to order at 1:10 o'clock p.m.. Councilmen VanKomen, Wallace, Larson, and LeBrett answered the roll call. The Mayor declared that a quorum was present. II. REVIEW OF WATER RATES The City Treasurer reviewed the analysis of rates and the assumptions upon which the rate adjustment was premised. No decision was made. III. INTERVIEW OF WATER ENGINEERS At 2 o'clock p.m. the Council interviewed the team of JUB/CH2M-Hill, at 3:15, the Forsgren Associates team and at 4:30 p.m., the Toothman-Orton/ James M. Montgomery team for the Water System Engineering work. The Council then discussed the various proposals, but made no decision on the selection. IV. ADJOURNMENT At 6:30 p.m., Wallace moved to adjourn. VanKomen seconded and the motion carried. Mayor Clerk ORDINANCE NO. A AN ORDINANCE OF THE CITY OF MCCALL, IDAHO. RELATING TO THE ANNNEXATION OF CERTAIN LANDS CONTIGUOUS TO THE CORPORATE BOUNDARIES OF THE CITY OF MCCALL AND THE DESIGNATION OF A ZONING CLASSIFICATION FOR SUCH LANDS; AND PROVIDING FOP AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, IDAHO: Section 1.The following described lands are declared to be a part of the city of McCall: A parcel of land located in Section 10, Township 18 North, Range 3 East, Boise Meridian. Valley County, Idaho, more particularly described as: The NE 1/4 of said Section 10, and the E 1/2 of the NW 1/ 4 of said Section 10, and the N 1/2 of the S 1/2 of said Section 10.(Containing 399.6 acres. more or less) Section 2. The above described lands are classified as Zone A -Low Density Residential. Section, 3. Effective Date. This ordinance shall be in full force and effect after its passage, approval and publication. .,/ PASSED AND APPROVED this % 5 day of 19 k. CITY OF MCCALL ATTEST: RESOLUTION 12-92 WHEREAS the McCall Planning and Zoning Commission, pursuant to the provisions of Section 3-17-2, McCALL CITY Code, has previously recommended approval of the SPRING MOUNTAIN RANCH GENERAL DEVELOPMENT PLAN AND PROGRAM, a Planned Unit Development (PUD), subject to certain modifications, and WHEREAS their recommendation was reduced to writing and communicated to the McCall City council for their review and and consideration, and WHEREAS such review and consideration has been carried out by the Council in conjunction with duly scheduled and noticed public hearings, NOW THEREFORE, upon motion, second and unanimous approval, be it resolved by the Mayor and Council of the City of McCall, Idaho, as follows: That the SPRING MOUNTAIN RANCH GENERAL DEVELOPMENT PLAN AND PROGRAM including the findings and recommended modifications of the McCall Planning and Zoning Commission be and hereby are accepted; That such modifications are as set forth in the Commission's written recommendations being identified therein as sub -paragraphs 3.a through and including 3.m, and further That in conformance with recommendations 3.e and 3.j, the particularized agreements reviewed and agreed upon by and between the Applicant and the City, and captioned as RIGHT-OF-WAY AGREEMENT, the WATER TANK AND DISTRIBUTION SYSTEM AGREEMENT, and THE GOLF COURSE AGREEMENT, be executed, along with memorandum of such Agreements suitable for recordation, all in order to fully effectuate the Commission's recommendation being acted upon and accepted, and further That the Mayor and Clerk be, and hereby are, authorized and directed to execute the aforesaid documents on behalf of this City, following which the matter be referred back to the McCall Planning and Zoning Commission for further proceedings as provided by governing ordinance. Dated this 13th day of February, 1992. L. A. Smith, Jr. Myot Attest• .�i Arthur / Schmidt RESOLUTION WHEREAS, the City of McCall, Idaho, has developed the Mill Park, a public park wherein funds were obtained from the United States Government under the Land and Water Conservation Act of 1965, and administered by the Idaho Department of Parks and Recreation under Project No. L&CWF16-0038 and the Idaho Department of Parks and re-dedicate Recreation has requested that the City of the premises involved in such project to perpetual recreation use. NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the City of McCall, Idaho, as follows: That the City of McCall, Idaho, dedicate in perpetuity for recreational purposes, the premises in McCall, Valley County, Idaho, more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof. That in order to make such dedication the City shall make, execute and record a Deed of Right for Public Recreation Purposes to itself describing said real property and including the following statement, to -wit, "This property has been dedicated solely to outdoor recreation use in perpetuity under the Land Water Conservation Fund Act of 1965 as administered by the Idaho Department of Parks and Recreation." That the Mayor and Clerk be, and they are hereby authorized and directed to execute such deed for the purposes aforesaid. Dated this ,'5 day of Attest: O/ G Arthur J. Schmidt, City Clerk , 1992. L. A. Smith, Jr., Mho RESOLUTION NO. 10-92 A RESOLUTION OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO, APPROVING AN AGREEMENT FOR BOND COUNSEL SERVICES AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE SAME WHEREAS, the City of McCall, Valley County, Idaho (the "City"), has determined to conduct a special bond election on April 7, 1992, on the question of authorizing the City to issue its revenue bonds in the amount of $4,675,000 for the construction and installation of improvements to the domestic water system of the City and costs incidental thereto; and WHEREAS, the City is desirous of retaining Michael C. Moore, of the law firm of Davis Wright Tremaine, of Boise, Idaho, as bond counsel to the City for services in connection with said special bond election and the issuance, sale, and delivery of revenue bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MCCALL, IDAHO, as follows: Section 1: The Agreement for Bond Counsel Services between the City and Michael C. Moore, of the law firm of Davis Wright Tremaine, of Boise, Idaho, a copy of which agreement is annexed hereto and by reference made a part hereof, is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City. Section 2: This Resolution shall take effect and be in force from and after its passage and approval. DATED this 13th day of February, 1992. CITY OF MCCALL Valley County, Idaho By ATTEST: Mayor AGREEMENT FOR BOND COUNSEL SERVICES THIS AGREEMENT, made this 13th day of February, 1992, between the City of McCall, Valley County, Idaho (the "City"), and Michael C. Moore, of the law firm of Davis Wright Tremaine, 702 W. Idaho Street, Suite 700, Boise, Idaho 83702 ("Bond Counsel"). Section 1: PURPOSE OF EMPLOYMENT The City hereby employs Bond Counsel to perform and render legal assistance and advice relative to the authorization, issuance, sale, and delivery of revenue bonds (the "Bonds") of the City to be issued for the construction and installation of improvements to the City's domestic water system, and costs incidental thereto. Section 2: BOND COUNSEL SERVICES Bond Counsel shall be primarily responsible for rendering the following legal services: (a) Advise the City concerning the legal requirements applicable to the issuance and sale of the Bonds. (b) Provide representation of Bond Counsel, when requested by the City, at all meetings and hearings held by the City in connection with the issuance and sale of the Bonds. (c) Prepare all ordinances, resolutions, notices, and any other legal documents necessary for the proper conduct of proceedings, including election proceedings, for the authorization, issuance, sale, and delivery of the Bonds. (d) Provide such legal guidance and assistance, supervision and consultation, conduct such proceedings, and provide such opinions, as may be appropriate. (e) Prepare such notices of public sale of the Bonds as may be appropriate. Page 1 (f) Supervise the printing and delivery of the Bonds to purchaser and prepare all necessary closing documents. (g) Assemble and examine a transcript concerning all proceedings taken in connection with the issuance and sale of the Bonds. (h) Upon completion of the proceedings to Bond Counsel's satisfaction, provide its legal opinion stating that the proceedings had for the authorization and issuance of the Bonds are lawful and valid, that the Bonds are valid and lawful special obligations of the City, and that interest on the Bonds is excluded from gross income for the purposes of federal and State of Idaho income taxation. Section 3: COMPENSATION For rendering the services set forth in Section 2 hereof, Bond Counsel shall receive from the City compensation in the amount of FIVE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($5,500.00). Said compensation shall be paid solely from the proceeds of such Bonds, when available, and shall be due following delivery of the Bonds. Bond Counsel shall also be reimbursed for direct out-of-pocket expenses, including necessary travel expenses incurred in attending meetings conducted by the City or other meetings relating to the Bond proceedings, as well as long distance telephone, special messenger or air courier service, and photocopying expenses incurred in performance of its duties hereunder. In the event the Bonds are not issued, sold, and delivered, Bond Counsel will be reimbursed only at the hourly rate normally charged by Bond Counsel for services actually rendered (with a maximum of $500 total fee), and for direct out-of-pocket expenses incurred. Section 4: ADDITIONAL SERVICES Services in addition to Bond Counsel responsibilities provided for in Section 2 above may be performed by Bond Counsel upon specific direction of the City. For such additional services, including, but not limited to, any litigation services, Bond Counsel shall be compensated separately, and shall account and bill for such services separately at the hourly rate normally charged by Bond Counsel for the service of the attorneys performing such work. Page 2 IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first above written. ATTEST: City /clerk Page 3 CITY OF MCCALL Valley County, Idaho DAVIS WRIGHT TREMAINE i /7 ,/ By I �7; Michael C. Moore