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HomeMy Public PortalAboutCouncil Minutes 1992 04/09MCCALL CITY COUNCIL MINUTES APRIL 9, 1992 I. ROLL CALL AND CALL TO ORDER At 7:06 p.m. Mayor Smith called the meeting to order. Councilmen VanKomen LeBrett, Wallace and Larson answered the roll call. The Mayor declared a quorum present. II. MINUTES The minutes of the March 23, March 26 and April 2 meetings were considered. Mr. VanKomen requested amendment of a section of the April 2 minutes and with consent of the Council it was ordered. The amendment would read that the goal of the increased capitalization fees was to equalize the capital investment in the plant construction and that the estimated revenue from this source for the rate study purposed was $100,000. Wallace then moved to approve the minutes of the three meetings, as amended, and LeBrett seconded and the motion carried. III. PAYMENT OF CLAIMS The payroll register for April 1 was reviewed. Wallace moved to approve the payroll report. VanKomen seconded and the motion carried. The voucher report dated April 4 was considered. VanKomen moved to approve the report. Larson seconded and the motion carried. IV. CONSENT CALENDAR Wallace moved to approve the consent calendar which contained only the Transportation Advisory Committee minutes of March 31, at which the Downtown Parking LID was discussed. Larson seconded and the motion carried. V. MAYOR AND COUNCIL COMMENTS AND REPORTS Mayor Smith reported on the joint City -County coordination meeting held in Donnelly on April 7. The organization and funding of the 9-1-1 system was discussed at length and the Weatherby study program was considered. No actions were recommended from this meeting. VI. STAFF REPORTS A. CITY ADMINISTRATOR'S REPORT A written report detailing the status of the City Hall remodeling project, the Department of Lands encroachment permit, impact fee legislation, the zoning ordinance amendment and the downtown parking LID was considered. A draft of a policy on the content and procedures for preparation of ordinances and resolutions was considered. After discussion, the matter was referred to the City Attorney to prepare the draft into a formal resolution for consideration by the Council. Then Council discussed a policy manual and the Mayor advised that he would direct the compilation of such a document. The staff recommended appointing a coordinator for the ADA program review required by the Act. Larson moved to appoint the City Administrator as the Coordinator for the program review under the American's with Disabilities Act of 1990. VanKomen seconded and the motion carried. Receipt of a claim from Ramon and Karen Alford was noted. Larson moved to acknowledge receipt of the claim. VanKomen seconded and the motion carried. B. CITY ATTORNEY'S REPORT A written report was reviewed which noted the status of the Kalman/UPRR case, the status of City v. Rogers/ Chisholm, code enforcement activities, and the revised criminal and zoning codes. Council questioned the commencement of legal action of the Neal St. tank matter (Chisholm et. al) and requested that the Administrator review the authorizations which have led to the prosecution. VII. PUBLIC COMMENT, 7:30 P.M. L.A. Lammerman appeared and requested the Council's review of the lease status of the Sports Marina and the storage of watercraft, cartons, and trash on the upland across the street from his property. He asked for the City's assistance in getting this cleaned up. VI. STAFF REPORTS, CONTINUED B. CITY ATTORNEY REPORT, CONTINUED The Council returned to the matter of the Neal St. tanks. LeBrett moved to conduct an executive session pursuant to IC 67-2345, subsection (f) to discuss this matter of pending litigation with the City Attorney. Wallace seconded and on a roll call vote, LeBrett, Wallace Larson and VanKomen voted Aye. The Mayor declared the motion carried and scheduled the session following the completion of the regular agenda. C. CITY TREASURER'S REPORT The quarterly report for the three months ending March 31, 1992 was presented. This report requires Council approval and publication. Wallace moved to approve the report and authorize publication of the report. Larson seconded and the motion carried unanimously. The monthly report was then presented. Without objection, the Mayor ordered the report filed. The Treasurer advised that the dishwasher at the clubhouse was inadequate and inoperable. He and Mr. Howard discussed alternatives to acquiring and leasing the equipment. After discussion, Wallace moved to authorize the Mayor to review leasing/acquisition alternatives and to execute an agreement which he felt was in the city's best interests. VanKomen seconded and the motion carried unanimously. VIII. PRESENTATION Tim Duffner and Bill Petzak both of the Idaho Department of Lands presented a review of the Department's Land Use plan for state owned lands in the vicinity of the city. They reviewed the proposed uses and the process for public review and comment on the plan. The Council made inquiries, the compliance with local land use planning was discussed as was the disposition by the state to private ownership of cottage sites. A pending land trade with J.R.Simplot was noted along Dienhard Lane. IX. OLD BUSINESS A. ORDINANCE 603, ANNEXING A PORTION OF PAYETTE LAKE The Ordinance was presented for its third reading and read by title by the City Attorney. Wallace moved to approve Ordinance 603. VanKomen seconded and on a roll call vote, Wallace, VanKomen, Larson and LeBrett voted Aye. The Mayor declared the motion carried, the Ordinance No. 603 adopted and that he would sign it. B. ORDINANCE 605, UPDATING THE BUILDING AND FIRE CODES This ordinance was presented for its third reading. VanKomen moved to defer the third reading to the next agenda and request a staff report and discussion of certain provisions of the ordinance. Larson seconded and the motion carried. The Clerk was directed to list the matter on the next regular agenda. C. GOLF RESTAURANT CONCESSION CONTRACT: The City Attorney presented an updated version of the contract and discussed it with the Council. Council noted that an interpolative note for the applicable payment percentage between the revenue levels was required, and that other corrections were required. Mr. Howard discussed several items and the Council and he agreed that, (1) the City would assume responsibility for the dishwasher, (2) the City would pay garbage service, (3) the City would pay basic telephone service with the contractor paying for long distance charges, (4) that the City and contractors ice machines could be relocated as proposed with any equipment placed or removed from the building documented, (5) the City would extend power to the contractor's convection oven, (6) that the contractor would purchase City supplies (7) that the deposit would be returned upon signing of the contract, and that prior year food inventory would be disposed of by the City. After discussion, Wallace moved to authorize the Mayor to sign the contract as amended. Larson seconded and the motion carried unanimously. D. GOLF PRO CONTRACT, ADDENDUM An addendum to the contract with Carl Hoss, Golf Pro, was reviewed which increased his management fee by $2000. After discussion of whether another opportunity should be given to him to present his case for additional compensation, VanKomen moved to invite Mr. Hoss to either sign the addendum or to reappear before the Council to discuss the compensation matter further. Larson seconded and the motion carried unanimously. The Mayor agreed to convey that information to Mr. Hoss. E. RESOLUTION 19-92, INCREASING WATER RATES Resolution 19-92 was presented for consideration. Discussion of turn-off fees, of research into verification of the customer base, and publicity on the rate increases imposed by the Resolution were discussed. Larson then moved to publicize the letter from EPA requiring compliance with the Clean Water Act. Wallace seconded and on a voice vote, there were three Ayes and one No vote. The Mayor declared the motion carried. VanKomen then moved to adopt Resolution 19-92. LeBrett seconded and on a voice vote, the motion carried unanimously. The Mayor declared the motion carried and the Resolution adopted. X. NEW BUSINESS A. ORDINANCE 606, AMENDING THE CITY CRIMINAL CODE A revision of the police regulations was presented for first reading. The City Attorney read the Ordinance by title. The Mayor, with the Council's consent, directed the Clerk to list the Ordinance on the next regular agenda for a second reading. B. SEWER CAPITALIZATION FEE, LONG VALLEY MEDICAL CLINIC A staff recommendation was considered for a sewer capitalization fee of $469.20, a $150 fee for the hookup for a total of $619.20, with a provision to reevaluate the fee when separate water service is installed. VanKomen moved to approve the fee as recommended, LeBrett seconded and the motion carried. there was discussion, but no action, on the matter of permitting staff to set these fees according to the procedure established. C. AIC CONFERENCE SCHEDULE AND DELEGATE APPOINTMENT The schedule was noted. Mayor Smith indicated his interest in attending. Councilman LeBrett also hers. After discussion, Wallace moved to authorize Mayor Smith as the McCall City voting delegate at the 1992 AIC Conference and Councilman LeBrett as the alternate delegate. VanKomen seconded and the motion carried. D. VALUED,INC., REQUEST FOR FUNDS VALUED, INC. requested annual support in the amount of $350 for 1992. VanKomen moved to approve the expenditure as requested. LeBrett seconded and the motion carried. E. RECREATION FUND, REALLOCATION OF FUNDS The Recreation Director asked to reallocate funds to purchase a computer for the new location for the program office behind the library. After discussion, Wallace moved to approve the reallocation of the requested $1500 to acquire a computer for the recreation program. Larson seconded and the motion carried. F. 1992 WATER PROJECTS: A staff recommendation for 1992 water projects was considered and discussed. After discussion, the Council adopted the following projects as their priorities for the year: Payette Lakes Care Center line, Hill St. line replacement, and Camp St. Line replacement. Wallace so moved. VanKomen seconded and the motion carried. The Mayor directed staff to present a change order for the work on the next agenda. G. 1992 SEWER PROJECTS: A staff recommendation on sewer work for 1992 included completion of the 1991 work, design of the Airport basin service, analysis of pump capacity in Station 7, and delay in the Mather Rd. project. After discussion, the Council by consensus, approved the list as presented by staff and the Mayor asked that work orders and change orders be presented to accomplish the work. X. BOARD, COMMITTEE AND COMMISSION MINUTES REQUIRING ACTION. A. PARK AND RECREATION ADVISORY COMMITTEE, MARCH 30, 1992 The Committee recommended that Larry Stevens be allowed to move ahead in design concept with completion of the picnic shelter in the Lakefront Park as detailed in those minutes. VanKomen moved to approve the Committee recommendation. Wallace seconded and the motion carried unanimously. B. AIRPORT ADVISORY COMMITTEE MINUTES, APRIL 1, 1992 The recommended approval of the KZID radio tower installation provided that a red -blinking light be installed to mark it. VanKomen moved to approve the committee's recommendation. Larson seconded and the motion carried. The Committee recommended the Lease addendum to the old hangar leases. VanKomen moved to authorize the execution of the leases with the addendum attached. Wallace seconded and the motion carried. XI. INFORMATION ITEMS: Wallace moved to acknowledge receipt of the information items listed below. Larson seconded and the motion carried. These were: 1. VALUED, INC. minutes of February 20 2. Arbor Day Proclamation 3. March Building permit report 4. AIC Legislative Hotlines, Nos. 11 and 12 XII. EXECUTIVE SESSION At 10:50 p.m. the Council recessed to Executive session as authorized earlier in the evening. At 11:12 p.m., the Council returned to open session. Mayor Smith reported that the Council had discussed the UST tanks in Neal St. case which is pending and no action had been taken. XIII. ADJOURNMENT At 11:14 p.m., without further business, Wallace moved to adjourn. VanKomen seconded and the t n carr d. Mayor ORDINANCE NO. 6303 AN ORDINANCE OF THE CITY OF McCALL, IDAHO, ANNEXING THE REAL PROPERTY DESCRIBED HEREIN AND ZONING IT TO BE UNZONED WATER AREA; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, IDAHO, AS FOLLOWS: Section 1. The Mayor and Council find that the property described on Exhibit "A" to this Ordinance is submerged lands that are the property of the State of Idaho and may be annexed by request of the City pursuant to applicable State law. Section 2. The property described on Exhibit annexed by and into the City of McCall. IIA II is Section 3. The property described on Exhibit "A" is placed on the official zoning map and by this Ordinance into an Unzoned category, pending suitable amendment of the Zoning Ordinance. Section 4. That this Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law, and the filing by the Clerk of a certified copy of this Ordinance with each of the following: the Valley County auditor, treasurer, and assessor, and the State of Idaho Tax Commission. Passed and approved this (, -day of , 1992. ATTEST: a10- City Clerk THOMAS W. KERR PLS 998 KERR SURVEYING PO BOX 853 MCCALL, IDAHO 83638 208-634-2686 November 19, 1991 LAKE AREA ANNEXATION JOEL W. DROULARD PLS 5357 A parcel situate in the N r/z, Section 8, T. 18 N., R. 3 E., B.M., Valley County, Idaho, more particularly- described as follows: Commencing at the northerly corner common Recorder's Plat, Lot 1, Section 8, T. 18 N., R. County, Idaho, as shown on the Official Plat Book 4, Page 15 of Plats in the Office of the County-, Idaho, being a point on the high water Lake, the REAL POINT OF BEGINNING: to Lots 7 and 8, 3 E., B.M., Valley thereof on file in Recorder of Valley mark of Big Payette Thence , N. 5()° E . , to the Low Grater. Mark of Big Payette Lake, thence, continuing N. 50° E., 1320.0 feet, more or less, over the waters of said Lake to a point on a line parallel to and 13,20,0 feet from the Low Water Mark of said Lake, thence, southeasterly- along said parallel line to the westerly boundary of that particular Annexation to the Corporate Limits of the Village of McCall adopted as Ordinance No. 219 on the 14th day of August, 1961, thence, S. 45° tv., 1320.0 feet, more or less, along said boundary- to the Low Water Mark of said Lake, thence, S. 89° 41.' W., along said boundary, to the northwest coiner of Lot 8, Shellworth Park Subdivision, as shown on the Official Plat thereof on file in Book 1, Page 14 of Plats in the Office of the Recorder of Valley County, Idaho, being a point on the high Water Mark of Big Payette Lake, thence, Northwesterly- along said High water Mark to the Point. of Beginning. Bearings based on Recorder's Plat and Shellworth Park Subdivision. Exhibit "A" for Ordinance 6 03 RESOLUTION NO. (e7 -92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF McCALL, IDAHO, RELATING TO SEWER AND WATER RATES AND AMENDING PRIOR RESOLUTION 2-92. WHEREAS the analysis of the economics of water and sewer services in the light of past and pending EPA -compelled changes has been ongoing and only recently completed, BE IT RESOLVED by the Mayor and Council of the City of McCall that: Section 1. As provided in Resolution 18-92, Resolutions 2- 92 and 3-92 shall be in full force and effect on and after April 1, 1992. Section 2. Section 1 of Resolution 2-92 is amended to read as follows: Section 1. All users of the water provided by the City of McCall water system shall be charged and shall pay the rates set out below: CLASS A: Residential users (except mobile home parks) at the rate of $22.00 per dwelling unit per month. CLASS B: Mobile home parks at the commercial rate of $24.00 per month plus metered overrun as defined below. CLASS C: A11 buildings and users not within Class A or Class B above at the commercial rate of $24.00 per month plus metered overrun as defined below. METERED OVERRUN: Metered overrun is defined as any and all water delivered to the metered premises in excess of 3,000 gallons per month, and shall be charged and paid for at the rate of $0.60 per 1,000 gallons. Passed and approved April 9, 1992. ATTEST: