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HomeMy Public PortalAboutCouncil Minutes 1992 03/12MCCALL CITY COUNCIL MARCH 12, 1992 MINUTES I. ROLL CALL AND CALL TO ORDER Council President VanKomen called the meeting to order at 7:00 p.m. Councilmen Wallace, LeBrett and VanKomen answered the roll call. Mayor Smith and Councilman Larson were absent. A quorum was present. II. MINUTES The minutes of February 27 were considered. Without objection, the chair declared the minutes approved for filing. III. PAYMENT OF CLAIMS A voucher report dated March 6 and a Payroll report dated March 2 were presented. After discussion, LeBrett moved to approve the claims. Wallace seconded. The motion carried. IV. CONSENT CALENDAR Wallace moved to approve the Consent Calendar on which was listed only the Library Board minutes of March 5. LeBrett seconded and the motion carried. V. MAYOR AND COUNCIL COMMENTS AND REPORTS There were no reports. VI. ADDITIONS TO AGENDA There were no additional items for consideration. VII. STAFF REPORTS A. CITY ATTORNEY'S REPORT The City Attorney reviewed a written report dated March 10 which noted efforts on code enforcement, airport leases, and amendment of the hearing notice form. He requested an Executive Session to discuss the Kalman, UPRR lawsuit. B. CITY ADMINISTRATOR'S REPORT: A written report noted filing of the encroachment report for "No Wake Zone" buoys, filing of the Spring Mountain Ranch wetlands permit application, expressed concern about completing private cart storage near the new clubhouse, and outlined changes to the IDOT study of the Dienhard Lane-Boyston Connector. In discussion of police expenses requested at the last session, LeBrett requested copies of the Personnel rules. The Administrator requested direction on the gravel pit annexation. After discussion, the Council removed consideration of Ordinance No. 604 from the agenda and directed staff to proceed with annexation of the entire parcel as intended. This was not accomplished due to improper descriptions. Wallace moved to direct staff to process the balance of the annexation. LeBrett seconded and the motion carried. Staff asked for appointment of the City Attorney as the City Prosecutor, noting that these offices are separate in the City Code. Wallace moved to confirm that by appointment as City Attorney, the Council intended for that appointment to be to the Prosecutor's position as well. LeBrett seconded and the motion carried. The D & D land trade was noted. The deeds can be exchanged on Friday March 13 or thereafter. Wallace moved to note that the Council had no objection to and approved the exchange of deeds on the trade. LeBrett seconded and the motion carried. In reviewing the Wolf Oil spill into the city sewer, Councilman LeBrett asked that the two pipes be clearly marked and it was so ordered. VIII. PUBLIC COMMENT, 7:30 P.M. No one appeared to be heard. VII. STAFF REPORTS (CONTINUED) C. CITY TREASURER'S REPORT Receipt of the monthly financial report for the month of February and the 5 month report ending February 29 was acknowledged and ordered filed by the chair without objection. A claim by Kenneth Williams for adjustment of a utility account was considered. Wallace moved to deny the Williams claim and adopt Resolution 14-92. LeBrett seconded and the motion carried. A claim by Kate Phelan for adjustment of a utility account was considered. Wallace moved to approve the request and adopt Resolution 15-92. LeBrett seconded and the motion carried. IX. OLD BUSINESS A. WATER RATE REVIEW This item was continued to the agenda of March 19. B. ORDINANCE 603, ANNEXING PORTIONS OF BIG PAYETTE LAKE: The Ordinance was read by title by the City attorney and passed its first reading. C. ORDINANCE 604, ANNEXING THE GRAVEL PIT This item was withdrawn from the agenda when discussed under the Administrator's report. D. LEASE ADDENDUM, OLD HANGAR LEASES The draft addendum was referred to the Airport Committee for recommendation. E. ORDINANCE 605, UPDATING THE UNIFORM BUILDING CODE AND THE UNIFORM FIRE CODE This ordinance was read by the City Attorney by title and passed its first reading. X. NEW BUSINESS A. RESOLUTION 16-92, AUTHORIZING SIGNATURES WITH EDWARD D. JONES AND CO. This resolution authorizes new signatures for the reserve bond account held by Edward D. Jones and Co. Wallace moved to adopt Resolution 16-92. LeBrett seconded and the motion carried unanimously. B. DENTAL INSURANCE RENEWAL The renewal of the group dental insurance plan with Delta Dental Plan of Idaho was considered. After discussion, LeBrett moved to approve the renewal of the policy. Wallace seconded and the motion carried. C. REQUEST FOR REFUND, WATER'S EDGE CONDOMINIUM A refund of overpaid water charges was requested. The Treasurer's memorandum of March 2 was considered. After discussion, Wallace moved to approve a refund of $3,264. as recommended. LeBrett seconded and the motion carried. D. REQUEST FOR HEARING, KIP SULLIVAN A pretermination hearing was requested by Mr. Sullivan. After discussion and without objection, the chair set the hearing for 8 p.m. on March 26 during the next regular agenda. XI. BOARD, COMMITTEE AND COMMISSION REPORTS REQUIRING ACTION: A. AIRPORT COMMITTEE, MARCH 4, 1992 The Council considered the Committee's recommendation to request an increase of the County Airport levy. After discussion, they determined not to approach the County until Mr. Fereday had consulted with other city's mayors on the issue. B. CITY PLANNING AND ZONING COMMISSION, MARCH 3, 1992 1) A Special Use Permit application by Diane McFall was considered. The Council reviewed the committee's minutes, and Findings of Fact and Conclusions of Law. During discussion, the Council noted a variance between the Commissions' minutes and their Findings. Wallace moved to adopt the Commission's Findings of Fact and Conclusions of Law and to approve the Special Use Permit subject to the conditions stated with an amendment, i.e. that children under 12 years be specifically noted in subsection c on page 2 of the Findings. LeBrett seconded and the motion carried. 2) A Variance and Special Use Permit application was considered by Jean Troutner, Housing Southwest. The Council reviewed the Commission's minutes and their recommendations contained in the Findings of Fact and Conclusions of Law. LeBrett moved to approve the variance and the special use permit and to adopt the Commission's Findings of Fact and Conclusions of Law as the City Council's. Wallace seconded and the motion carried. C.IMPACT PLANNING AND ZONING COMMISSION, FEBRUARY 24, 1992 A request for a special use permit to place a mobile home by the Clarks was considered. The Council reviewed the Commission's minutes and the recommendations contained in their Findings of Fact and Conclusions of Law. After discussion, Wallace moved to approve the special use permit and to adopt the Commission's Findings of Fact and Conclusions of Law as the City Council's. LeBrett seconded and the motion carried. XII. CORRESPONDENCE A. Letter from Valley County Engineer This letter was referred to the Public Works department and resolution of the matters addressed was directed. B. Letter from Dick Bland, re Roger's property The letter asserted certain claims and was referred to the City Attorney for research and was instructed to report back to the City Council with his findings. C. Letter from EPA, noting a compliance date for Water treatment The letter was noted and staff was directed to respond with a report of progress to date on the issue. XIII. INFORMATION ITEMS: Receipt of the following items was noted: Idaho perspectives, Volume 4, No 1 AIC Legislative Hotline, No. 8 Letter from Brundage Mountain commending Craig Baker February Building report IX. OLD BUSINESS, CONTINUED F. INTERVIEW, TOOTHMAN-ORTON ENGINEERING/JMM, WATER SYSTEM ENGINEERING At 9 p.m. as scheduled, the Council conducted a second interview of the Engineering team from the firms above noted. XIV. EXECUTIVE SESSION: At 10:45 p.m. Wallace moved to recess to Executive Session pursuant to IC 67-2345, subsection (f) to discuss directing the City Attorney in litigation, specifically the matter of pending litigation with the Union Pacific Railroad and/or Sam Kalman. At 11:03 p.m. the Council returned to open session. The President announced that the attorney was advised on the UPRR/Kalman case. Wallace then moved to authorize $1500 in survey costs, assessable to the street fund, to assist in presenting the case. LeBrett seconded and the motion carried. XV. RECESS At 11:04 p.m. Wallace moved to recess the meeting to March 19, 1992 at 6 o'clock p.m. in the chambers. LeBrett seconded and the motion carried. Counci gPresiien VanKomen