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