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HomeMy Public PortalAboutCouncil Minutes 1992 04/23MCCALL CITY COUNCIL MINUTES APRIL 23, 1992 I. CALL TO ORDER AND ROLL CALL The meeting convened at 7:25 p.m. Mayor Smith called the meeting to order and Councilmen Wallace, LeBrett, and Larson answered the roll call. Mr. VanKomen was absent. II. MINUTES The minutes of April 9 were considered. Wallace moved to approve the minutes as presented. Larson seconded and the motion carried. III. PAYMENT OF CLAIMS The payroll for April 14 was considered. Wallace moved to approve the payroll report as presented. Larson seconded and the motion carried. The voucher report dated April 20 was considered. Wallace moved to make no further expenditures on the downtown parking LID. Larson seconded and the motion carried. Larson then moved to approve the April 20 voucher report. LeBrett seconded and the motion carried. IV. CONSENT CALENDAR The minutes of the Transportation Advisory Committee of February 26 and the Library Board minutes of April 9 were listed. Wallace moved to approve the consent calendar. Larson seconded and the motion carried. V. MAYOR AND COUNCIL COMMENTS AND REPORTS Councilman Wallace requested that all employees be advised of the personnel rule requirements regarding political activity and electioneering. The Mayor advised that he would have this accomplished. VI. PUBLIC COMMENT The floor was opened to public comment. No one appeared to be heard. VII. STAFF REPORTS A. CITY ADMINISTRATOR'S REPORT A written report on the Neal St. tank issue was distributed which outlined the history of involvement in this issue. An Executive Session was requested. An oral report on the status of the back porch at City Hall, commencement of the park construction work on or about May 6, and a request to withdraw the minutes of the April 13 Impact Planning and Zoning Commission from the agenda. B. CITY ATTORNEY'S REPORT: The City Attorney reported on the Sports Marina lease question that was directed to him at an earlier meeting. The council asked that the owner of the facility be involved in the discussion. The report on a proposed ordinance on the combining of two or more lots into a single parcel was discussed. C.CITY TREASURER'S REPORT A report on water rate impacts on various customers with various consumption patterns was presented. No action was taken. VIII. PUBLIC HEARINGS A. VARIANCE REQUEST, LEW AND JUDY CLARK The hearing was opened at 8 p.m. by the Mayor. A staff report was given outlining the issues involved in the request and noting that the City Attorney had disqualified himself in this matter and should not be consulted. Attorney Pittinger, representing the Clark's, then addressed the council. The floor was opened to public comment. G. Babcock, P. Clemmer, and Lew Clark testified. At 9 p.m. the Council recessed for 15 minutes and were cautioned not to discuss the matter. They reconvened and the hearing was closed. After discussion, Wallace moved to adopt the Findings of Fact and Conclusions of Law of the Planning and Zoning Commission and to approve the variance request. The motion died for lack of a second. Larson then moved to deny the variance. LeBrett seconded and on a voice vote, there were two ayes and one no vote. The mayor declared the motion carried. The Council then discussed the findings and conclusions which led to their action. After discussion, Larson withdrew his motion, LeBrett withdrew her second and the Mayor declared the motion removed from the table. Larson then moved to continue the hearing until the next agenda and to ask that Attorney Killen be present. Le Brett seconded and the motion carried unanimously. B. PRELIMINARY PLAT, PAYETTE LAKES COMMERCIAL CENTER SUBDIVISION The hearing was opened by Mayor Smith. A staff report was given outlining the issues and history of the development. A discussion of agreements on the sewer and water service for the subdivision was detailed. After discussion, Wallace moved to approve the preliminary plat and that the agreements on the utilities and any other agreements be executed before or concurrently with the final plat for the project. Larson seconded and the motion carried. Rena Offut commented. The hearing was closed. IX. OLD BUSINESS A. ORDINANCE 605, AMENDING THE UNIFORM FIRE CODE AND THE UNIFORM BUILDING CODE, THIRD READING The Fire Chief made a presentation regarding the local reduction in the requirement for sprinkler systems in certain occupancies, as was requested by the Council. After discussion, Wallace moved that the Ordinance be read only by its title for its third reading. Larson seconded and the motion carried. Larson then moved to adopt Ordinance 605. Wallace seconded and on a roll call vote, Larson, Wallace, and LeBrett voted Aye. The Mayor declared the motion carried and the Ordinance adopted. Councilman Larson then asked how to reactivate the Building Advisory Committee. After discussion, the Mayor directed staff to prepare a draft mission statement for such a committee. B. ORDINANCE 606, REVISING THE CITY CRIMINAL CODE, SECOND READING: The City Attorney read the ordinance by title. The Mayor then ordered the Ordinance to the next regular agenda for its third reading. C. HERRICK STREET, LETTER FROM ED ELAM: After discussion of the proposal contained in the letter, the consensus of the Council was to take no action on the matter but to continue to discuss Manchester's intentions and plans with him. D. ORDINANCE 607, RELATING TO WATER RATES, AND REQUIRING ALTERNATE DAY LAWN SPRINKLING, FIRST READING: After discussion, Larson moved to suspend the rules requiring that an ordinance be read on three separate occasions. LeBrett seconded and on a roll call vote, Larson, LeBrett, and Wallace voted Aye. The Mayor declared that the rule was suspended. Wallace moved to adopt Ordinance 607. Larson seconded and on a roll call vote, Wallace, Larson, and LeBrett voted Aye. The Mayor declared the motion carried and the Ordinance No. 607 adopted. E. RESOLUTION 20-92, SETTING A NEW TURN-OFF AND TURN -ON FEE: LeBrett moved to adopt Resolution 20-92. Larson seconded. On a voice vote, the motion carried unanimously. The Mayor declared the resolution adopted. F. RESOLUTION 21-92, SETTING A NEW CONNECTION FEE: Wallace moved to adopt Resolution 21-92. Larson seconded and the motion carried unanimously on a voice vote. The Mayor declared the Resolution adopted. X. NEW BUSINESS A. DUST OIL BID: Only one bid was received from "Crazy Bob's" Cut -Rate, Nampa for in place, clarified dust oil, EPA approved for 97 cents per gallon. Wallace moved to award the contract for 1992 dust oiling to "Crazy Bob's" Cut -Rate as bid. LeBrett seconded and the motion carried unanimously. B. AIRPORT BASIN SEWER DESIGN: A contract with Toothman-Orton to design the basin service was presented for $30,953. Larson moved to approve the agreement and authorize the Mayor to sign. LeBrett seconded and the motion carried unanimously. C. 1991 WATER PROJECT, DESIGN OF CHANGE ORDER PROJECTS: The contract for design of the additional projects to be completed under the 1991 contract by JUB Engineering for $11,325. was considered. Wallace moved to approve the agreement and authorize the Mayor to sign. Larson seconded and the motion carried. D. 1991 SEWER PROJECT, CHANGE ORDER AND DESIGN AGREEMENT: Change Order B-3 for the 1991 sewer project was considered. After discussion, Larson moved to approve the change order with Bezates Construction Co. for $13,745. Wallace seconded and the motion carried. E. LAKEFOREST LID PROJECT Staff reviewed progress to date and suffested that the City mail information to all the vacant lot owners in the subdivision. The Mayor so ordered. F. RESOLUTION 22-92, A POLICY ON ORDINANCES AND RESOLUTIONS The Resolution was reviewed by the Council. Wallace moved to approve Resolution 22-92. Larson seconded and the motion carried unanimously. The Mayor declared the Resolution adopted. XI.BOARD, COMMITTEE AND COMMISSION MINUTES REQUIRING ACTION A. GOLF COURSE ADVISORY COMMITTEE, APRIL 14, 1992 1. BBQ LOCATION; The Council reviewed the proposed location for the installation and advised of no objection to the site. 2. GOLF CART STORAGE: The request to use the old cart storage building for private cart storage was referred to the Park and Recreation Advisory Committe on a motion by Wallace, seconded by Larson and carried unanimously. 3. DUMP TRUCK SURPLUS: Wallace moved to declare the dump truck as surplus. Larson seconded and the motion carried. 4. FOUNDATION FUNDING: The Committee recommended that the Council accept the Foundation funding for the projects outlined in the minutes. LeBrett moved to approve the Committee recommendation. Larson seconded and the motion carried. XII. INFORMATION ITEMS Wallace moved to acknowledge receipt of the information items, LeBrett seconded and the motion carried. These were: Community Leader Briefing, February 1992; Letter from the USFS regarding Bear Basin Road; letter from the US Army, Corps of Engineers regarding the buoy permit application. XIII. EXECUTIVE SESSION: The Administrator's request to discuss an acquisition of property was withdrawn. The City Attorney requested the session be conducted to discuss pending litigation, pursuant to IC 67-2345, subsection F. Wallace moved to recess to Executive Session as requested. Larson secnded. The Council recessed at 12:10 a.m. to Executive Session. The Council returned to open session at 12:16 a.m. and the Mayor announced that pending litigation had been discussed. XIV. ADJOURNMENT: At 12:17 a.m., without further business, Wallace moved to adjourn. Larson seconded and the motion carried. ORDINANCE NO. 605 AN ORDINANCE OF THE CITY OF McCALL, IDAHO, A TO ADOPTING UPDATED VERSIONS OF UNIFORM CODES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. McCall City Code Section 2-1-5 is amended by replacing therein wherever it appears: the reference to: with: Uniform Building Codc, 1988 edition. Uniform Code for the Abate ment of Dangerous Buildings, 1988 cdition Uniform Mechanical Codc, 1988 edition National Electrical Code, 1987 cdition NFPA NFPA NFPA NFPA NFPA NFPA 501 A 1982 501 C 1982 501-D-1982 54 1981 58 1986 59 1984 uniform Building Code, 1991 edition Uniform Code for the Abate- ment of Dangerous Buildings, 1991 edition Uniform Mechanical Code, 1991 edition National Electrical Code, 1990 edition NFPA NFPA NFPA NFPA NFPA NFPA 501-A-1987 501-C-1990 501-D-1990 54-1988 58-1989 59-1989 Section 2. McCall City Code Section 2-1-5 is amended by deleting subsection (D) thereof relating to a 1956 edition of a piping systems scheme, and by striking at the end of subsection (C) thereof the following matter struck through: ...and the International Association of Plumbing and Mechanical Officials and appendices A through D. Section 3. McCall City Code Section 2-1-5 (E) is amended to read as follows: (E) The Uniform Fire Code, 1988 1991 edition, and all Appendices except II C, II F. III A. III B. III C. V A. VI A, and VI D, published by the Western Fire Chiefs ORDINANCE NO. 605, April 23, 1992 page 1 Association and the International Conference of Building Officials, and the Life Safety Code, National Fire Protection Association Code number 101-1991, published by the National Fire Protection Association. Section 4. McCall City Code Section 2-1-6 is amended by deleting in the first paragraph the following material: altered, such amendments, changes -end altcration3 arc hcrcby adopted and m-adc a art o-f the McCall Building Code of 1976. Section 5. McCall City Code Section 2-1-6 is amended by adding thereto the following new subsection (D), originally adopted by Ordinance no 584, and inadvertently deleted by Ordinance no. 595, and amended to read as follows: (D) Automatic Fire Extinguishing Systems. New construction, or remodeling described in subsection (1) below, of commercial and industrial Buildings shall have automatic sprinkling devices as required by the Uniform Building Code or Uniform Fire Code, if the occupancy classification requires them, according to the square footage threshold requirements for such occupancies in the Uniform Fire Code as modified in subsection (2) below: (1) remodeling value exceeds $50,000 at the time of permit application, whether for the proposed project, or for the aggregate of its value together with the value of all other permits for the same building over the five years immediately preceding the date of the current application; or there is a change or use of an existing building to a more hazardous occupancy. (2) The Uniform Fire Code threshold square footages are modified as follows: (a) Section 10.507(c) 1, changed from 5,000 square feet to 3,000 square feet; (b) Section 10.507(c) 3, changed from 12,000 square feet to 6,000 square feet; and ORDINANCE NO. 605, April 23, 1992 page 2 RESOLUTION NO. 22-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCCALL, IDAHO, RELATING TO ORDINANCE AND RESOLUTIONS. WHEREAS 1. It is desirable to clarify the distinction between city ordinances and resolutions, to minimize the cost of codification of the city code, and to create a procedure for the preparation of such official actions of the City. BE IT RESOLVED by the Mayor and Council of the City of McCall that: A. Ordinances 2. All amendments to the McCall City Code are to be accomplished by ordinance. All ordinances of the City of McCall will be prepared by the City Attorney at the instruction, either general or specific, of the Mayor. Ordinances which amend the McCall City Code will be codified. Ordinances that: Annex lands to the City; Make Annual Appropriations; Authorize or Approve City Land Exchanges; Amend the Zoning Map; Vacate Streets; or Set Bond Elections will not be codified. 3. Fees shall be adopted by resolution pursuant to authorizations in the McCall City Code. Ordinances shall not contain specific fees, but shall authorize their setting by resolution. B. Resolutions. 4. Resolutions are the means for the Council's taking formal action. Any approved motion is a Resolution; however, a formal document shall be prepared for any of the following actions: The adoption of fees for any city service. The adoption of Policy Statements, such as Personnel Rules, and this resolution. The destruction of City Records according to the adopted records retention policy; Agreements and contracts for professional services A resolution shall first state the need for the action, outline conditions which make the action reasonable, and make a succinct statement of the action to be effected by adoption of the resolution. Any resolution validating a contract must have a copy of that contract attached, and the RESOLUTION NO. 22-92, April 23, 1992 page 1 amount of the consideration for the contract shall be stated in the resolution. Any City staff member may draft a Resolution, however, the draft will be approved by the City Attorney prior to consideration by the City Council. C. Procedure 5. It is the policy of the City Council to take no action on any ordinance or resolution unless such document has been submitted to them in writing at least 48 hours in advance of a regular meeting at which the matter is to be taken up. Passed and approved April 23, 1992. RESOLUTION NO. 22-92, April 23, 1992 page 2 RESOLUTION NO. 20-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCCALL, IDAHO, RELATING TO WATER RATES. WHEREAS the Mayor and Council have the authority to set utility rates by resolution, have determined that such rates should cover the costs of the water utility, and have determined that fixed costs of the water system including provision of fire flow are benefits to property whether or not currently consuming daily water, and should be recovered from every connection, as well as labor and equipment charges, BE IT RESOLVED by the Mayor and Council of the City of McCall that: Section 1. That the charge for turning off water to a service location that has been receiving water, shall be $100.00, of which $70 shall be paid into and held and administered as part of the Water Capital Improvements Fund. Section 2. That the charge for turning on water to a service location that has received water in the past, shall be $30. Passed and approved April 23, 1992. ATTEST: RESOLUTION NO. 20-92 April 23, 1992 RESOLUTION NO. 21-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCCALL, IDAHO, RELATING TO WATER CONNECTION RATES. WHEREAS the Mayor and Council have the authority to set utility rates by resolution, BE IT RESOLVED by the Mayor and Council of the City of McCall that: Section 1. That the charge for installing a water connection to a service location that has not paid an initial connection charge in the past, shall be $1,000, of which $450 shall be paid into and held and administered as part of the Water Capital Improvements Fund. Passed and approved April 23, 1992. RESOLUTION NO. 21-92 April 23, 1992 ORDINANCE NO. 607 AN ORDINANCE OF THE CITY OF McCALL, IDAHO, RELATING TO WATER RATES; PRESCRIBING A SYSTEM FOR DETERMINING CONNECTION CHARGES; PROVIDING FOR ALTERNATE DAY LANDSCAPE SPRINKLING; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. Chapter 1 of Title 89 of the McCall City Code is amended by adding the following new section to it: 8-1-43E: CONNECTION CHARGES: The initial service connection charges shall include a pro-rata portion of the value of the water system, determined as replacement cost, less accumulated depreciation, less the principal of associated debt, plus the then amount of the Water Capital Improvement Fund and other cash reserves. The proration shall be accomplished on the basis of the maximum number of users that could be connected to the system existing from time to time. Until an accurate determination of replacement cost is accomplished, book value of the system may be used in the calculation. The connection charge shall also include labor, material, and equipment. So much of the connection charge as is not for labor, material and equipment shall be transferred to and held and administered as part of the Water Capital Improvement Fund. The Mayor and Council shall by resolution and on a rational basis determine the connection charge according to this section annually prior to the commencement of the construction season. Section 2. Section 8-1-10 of the McCall City Code is amended by deleting certain matter as follows: 8-1-10: CONNECTION EXPENSE: A standard service connection which shall be supplied by the City at a cost of Six hundred fifty dollars ($650) to the consumer, shall be constructed ... As the balance of the section is not affected, it is not set out. Section 3. Section 8-1-52 of the McCall City Code is amended by deleting certain matter as follows: 8-1-52: CONNECTION FEES; MULTIPLE -FAMILY DWELLING: A separate standard water service connection fee of six hundred fifty dollars ($650) shall be paid to the City for each ... As the balance of the section is not affected, it is not set out. Ordinance 607 page 1 Section 4. Section 8-1-45 of the McCall City Code is repealed. Section 8-1-3 of the McCall City Code is amended as follows: 8-1-45 BTTJJNG - CONTRACT FOR WATER: All charges for water service furnished by the City shall be billed to the person contracting for such service. If more than one person contracts, initial billing may be as they direct, but both or all shall as to the City be jointly and severally responsible to pay the bill. The applications for water service shall also contain, or have attached thereto, a contract on the part of the owner of the premises, and executed by him or his legally authorized agent, as well as on the part of the tenant. if not the owner, agreeing to pay - As the balance of the section is not affected, it is not set out. Section 5. Chapter 1 of Title 89 of the McCall City Code is amended by adding the following new section to it: 8-1-30A: ALTERNATE DAY SPRINKLING: Irrigation of residential and commercial lawns and landscaping using City water, by sprinklers or otherwise, shall occur only on alternate days. City water may be used for such irrigation at addresses with an odd number only on odd numbered days of the month, and at addresses with an.even number only on even numbered days of the month. Section 6. That this Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Passed and approved this J3, day of , 1990. Mayor Ordinance 607 page 2 (b) Section 10 .507 (d) , changed from 12,000 square feet to 6,000 square feet, and from 24,000 square feet to 12,000 square feet; and Section 10.507(d) modified in pertinent part as follows: _ occupancies morc than three stories or more _ Section 6. That this Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Passed and approved April 23, 1992. AT ST- City C erk ORDINANCE NO. 605, April 23, 1992 page 3