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