HomeMy Public PortalAboutCouncil Minutes 1992 07/30MCCALL CITY COUNCIL
MINUTES
JULY 30, 1992
I. CALL TO ORDER AND ROLL CALL:
At 7:00 p.m. Mayor Smith called the meeting to order.
Councilmen VanKomen, Wallace and LeBrett answered the roll
call. The Mayor declared a quorum present.
II. MINUTES
The minutes of July 9, 1992 were presented. A correction
was noted. Wallace then moved to approve the July 9
minutes as amended. VanKomen seconded and the motion
carried.
III. PAYMENT OF CLAIMS:
The Payroll Report for July 24 was considered. Wallace
moved to approve the report. LeBrett seconded and the
motion carried.
The Payroll Report for July 31 was then considered
and VanKomen moved to approve the report. Wallace seconded
and the motion carried.
The Voucher report dated July 27 was presented.
After discussion, VanKomen moved to approve the voucher
report as presented. LeBrett seconded and the motion
carried.
IV. CONSENT CALENDAR:
The Park and Recreation Advisory Committee minutes of
July 16, 1992 were on the calendar. VanKomen moved to
approve the consent calendar. Wallace seconded and the
motion carried.
V. MAYOR AND COUNCIL COMMENTS AND REPORTS:
Mayor Smith nominated Tom Tucker to serve on the
Airport Advisory Committee to fill the one vacancy. He
outlined his credentials. Wallace then moved to confirm the
nomination. VanKomen seconded the motion. The motion
carried unanimously.
Mayor Smith then submitted a list of nominees for the
Building Standards Advisory Committee. VanKomen asked that
in the future the nominations be submitted in the packet
and the Council asked that this list be withdrawn and
resubmitted with the next agenda. The Mayor agreed to do
so and the nominations were withdrawn.
VI. ADDITIONS TO THE AGENDA
A proposal for Jet -ski races in the lake off of Legacy
Park for August 8 was to be added. Mr. Wallace reported
that Harry Stathis had advised him that he would not attend
and was withdrawing the request. No action was taken.
VII. STAFF REPORTS:
A. CITY ADMINISTRATOR'S REPORT:
A written report was submitted which noted receipt
of the County airport levy proceeds, the withdrawal of the
Muir special use permit and cancellation of that hearing,
the completion of the purchase transaction of the School
parcel for the parkway. Additional items reported were the
staff report from Senator Symms office regarding the bill
to delay implementation of the Clean Water Act,
conversations with Mr. Guthrie to landscape his
installation on Bear Basin Road, a non -injury accident
involving a city vehicle on July 29 and the FAA
Certification visit of this date.
Staff requested that the Council confirm the
appointment of Judy Miller as a deputy election clerk.
VanKomen moved to approve the appointment. Wallace seconded
and the motion carried.
Staff reported that a hearing before the Council was
requested by Michael Rodgers for a nuisance violation.
After discussion, and without objection by the Council,
the Mayor ordered the hearing for 8 p.m. on August 27,
1992.
VIII. PUBLIC COMMENT:
Rena Offutt, Executive -Director of the Chamber of
Commerce, asked for clarification of the Council July 9
approval of the Footloose event. After discussion, the
Council agreed that giving passes to all visitors at the
Mill Park Condominiums as requested by the owner, was not
required by the permit nor intended by their action on
July 9.
VII. STAFF REPORTS, CONTINUED:
B. CITY ATTORNEY'S REPORT:
Mr. Burton reported on his Planning and Zoning
activities, work on the Kalman case, and on the Judgement
in the Neal Street Tank issue reflecting on Mr. Killen's
letter. Councilman LeBrett queried if the July 27 meeting
of the commission complied with the Open Meetings law. Mr.
Burton explained that he believes no law had been violated.
C. CITY TREASURER'S REPORT:
Five items were presented as follows:
1. Faulty water meters: A recommendation for testing
and replacing meters was presented. After discussion, Mr.
Chalfant was directed to investigate further the costs of
testing and repair. The Council asked to consider this
matter after that information was received.
2. Jean Odmark, appeal of utility billing: Staff
recommended denial of the request for adjustment. Wallace
moved to approve Resolution 33-92 and to deny the claim.
VanKomen seconded and the motion carried.
3. Year -to -Date Financial Report for the Three
Quarters ending June 30, 1992: This report was submitted
for approval and publication. Wallace moved to approve the
report for publication. VanKomen seconded and the motion
carried.
4. Monthly Financial Report for the month of June
1992: The Council acknowledged receipt of the report.
5. Allen Smith, appeal of late charges on utility
billing: The matter was reviewed and staff recommended
denial of the appeal. VanKomen moved to approve Resolution
33-92 denying the request and requiring payment of the late
charges. LeBrett seconded and the motion carried.
IX. PUBLIC HEARINGS:
A public hearing was scheduled to hear a request for
a Variance by John Edwards, which the Mayor opened and
announced. Councilman Wallace announced that he had a
conflict by ex-parte contact and would excuse himself from
the hearing. With his absence, it was determined there
would be no quorum and no action could be taken. VanKomen
moved to continue the hearing to August 13, 1992 at 8
o'clock p.m. in the Council Chambers. LeBrett seconded and
the motion carried. The Mayor so ordered.
X. OLD BUSINESS:
A. WASTEWATER TREATMENT PLANT, AERATION SYSTEM REPAIR:
George Wagner of JUB Engineering outlined
alternatives and presented repair costs as requested
previously by the Council. The Council discussed those
alternatives with Mr. Chalfant and Mr. Whiteman of the
Payette Lakes Water and Sewer District. After discussion,
Wallace moved to select alternate number 4, replacement of
the system in cell 1 and cell 2, and to authorize the
Engineer to prepare plans and specifications and to present
an engineering agreement to the Council. VanKomen
seconded and the motion carried. It was agreed that
payment to the Engineer may be deferred to October 1.
The Mayor declared a 15 minute recess and the order of
business resumed at 8:50 p.m.
B. LID, NO. 1: LAKE FOREST SUBDIVISION:
1. APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR
BIDS: The plans with alternates for hot -mix asphalt were
discussed. VanKomen then moved to approve the Plans and
Specifications and authorize the call for bids on the
project, subject to review by the City Attorney. Wallace
seconded and the motion carried unanimously.
2. ENGINEERING AGREEMENT: An Engineering agreement
for Toothman-Orton was considered to develop the plans and,
if necessary, provide field engineering services. After
review, Wallace moved to approve the Engineering Agreement
for LID No. 1 with Toothman-Orton and authorize the Mayor
to sign. VanKomen seconded and the motion carried.
C. LEGACY PARK:
1. ARCHITECT AGREEMENT: A staff report was
reviewed responding to Council inquiries at the last
meeting. Rick Orton appeared to discuss the matter of
slopes and grading. After discussion, the Council asked
for a transcript of Mr. Belts presentation on July 9 and
for him to appear on August 13 to further discuss these
matters. It was so ordered.
2. PAY REQUEST NO. 4, REINCO, INC.: This request for
$75,861.08 reflecting substantial completion of the park
was considered. Wallace moved to approve the pay request as
presented. VanKomen seconded and the motion carried.
D. HERRICK STREET VACATION: A letter from Douglas
Manchester was presented. The Mayor recommended referral
of the matter to the Transportation Advisory Committee.
Councilman LeBrett asked that further negotiations include
the following matters:
1. Completion of Boydstun St. through to Warren Wagon
Road;
2. Paving the road, not leaving it as gravel;
3. Construction to County Road standards;
4. Payment of engineering services by Manchester.
Mr. Millemann commented on the matter representing Mr.
Manchester. After considerable discussion, the staff was
instructed to send the entire file of the matter to
Transportation and to provide Mr. Millemann with copies of
the file materials. VanKomen then moved to direct the
staff to provide the Committee members and the Council and
Mr. Millemann with copies of the file on this matter
before further consideration. LeBrett seconded and the
motion carried.
E. PAYETTE LAKES COMMERCIAL CENTER, SUBDIVISION
AGREEMENT:
The agreement was reviewed by the City Attorney who
noted a need to amend the document to reflect multiple
letters of credit for the project. VanKomen moved to
approve the agreement and authorize the Mayor to sign with
the changes to be included as recommended by the City
Attorney. Wallace seconded and the motion carried.
F. 1991-1992 SEWER REPLACEMENT PROJECT:
Mr. Orton presented the final pay request by Bezates
Construction for the project in the amount of $13,297.80.
VanKomen moved to approve the pay request and Wallace
seconded. The motion carried unanimously.
G. 1991-1992 WATER MAIN REPLACEMENT PROJECT:
Mr. Wagner recommended July 9, 1992 as the date of
substantial completion for the project, approval of change
order No. 4, and approval of Partial Pay estimate no. 2 to
Brown Construction.
VanKomen moved to approve Pay estimate No. 2 in the
amount of $75,516.31 to Brown construction, holding
$19,977,88 as retainage. LeBrett seconded and the motion
carried.
Wallace then moved to approve Change Order No. 4
adjusting quantities and reducing the cost of the
project. LeBrett seconded and the motion carried.
VanKomen then moved to authorize the Mayor to sign
the Certificate of Substantial Completion identifying July
9 as the date of that occurrence, subject to approval by
the Public Works Director. LeBrett seconded and the motion
carried.
Mr. VanKomen asked for a routing stamp to confirm
staff review and recommendations before reaching the
Council.
XI. NEW BUSINESS:
A. ORDINANCE 613, FIRST READING: RELATING TO
TECHNICAL CORRECTIONS OF TITLE V OF THE CITY CODE:
Attorney Burton advised on the need and content of the
Ordinance and read the Ordinance by title for its first
reading. The Mayor ordered the Ordinance 613 scheduled on
the next regular agenda for its second reading.
B. SEWER CAPITAL IMPROVEMENT FEE, JACK MAGEE HANGAR:
A recommendation for a $206 capital improvement fee
was presented. Wallace moved to approve the fee as
recommended. VanKomen seconded and the motion carried.
C. FY 1992-1993 BUDGET: The preliminary financial
plan for FY 1992-1993 was presented with a budget schedule
and a transmittal memo. The Budget calendar was discussed
and the meeting time commencement moved to 4 p.m. for each
workshop. The Council concurred with the schedule of
meetings including the scheduling of a budget hearing for
September 10, 1992, at 8 p.m.
XII. BOARD, COMMITTEE AND COMMISSION REPORTS REQUIRING
ACTION:.
A. GOLF COURSE ADVISORY COMMITTEE, JULY 1, 1992:
1. LIFETIME PASS SALE/GOLF FOUNDATION: The council
discussed the recommendation to permit resale of lifetime
passes. After lengthy discussion, the Council concurred in
a request to return the matter to the Golf Committee for
further consideration addressing the following items:
a. Deletion of the preferential scheduling of tee
times from future sales;
b. Prohibition by the Foundation from addressing
new projects on the course until the deed is received and
the Foundation agreements with the City on that project
resolved.
VanKomen moved to refer the matter to
Committee requesting recommendations on these matters.
LeBrett seconded and the motion carried.
2. SMR AGREEMENTS: The Committee made no
recommendation as requested and the Mayor agreed to appear
and present these issues to the committee for
consideration.
B. PARK AND RECREATION ADVISORY COMMITTEE, JULY 20,
1992:
1. GARNET BEACH ISSUE: The City Attorney disclosed
potential conflicts of interest in the matter. The Mayor
ordered, without objection, that the research requested by
the Committee be undertaken by the attorney.
2. DAVIS BEACH PARK INSPECTION: After discussion,
VanKomen moved to authorize staff, as time and money
permit, to undertake the recommendations nos. 1 and 4 of
the report, i.e. to add additional sand to the beach and to
remove the detritus and concrete filled barrel on the
shore. Wallace seconded and the motion carried.
3. BATTLE OF THE BANDS/TOYS FOR TOTS, SPECIAL USE
PERMIT: The Committee recommended issuance of a permit for
this event on September 6, 1992 with a list of conditions.
Wallace moved to approve the permit as recommended with all
conditions recommended by the committee attached.
VanKomen seconded and the motion carried.
4. COMMITTEE REVIEW OF THE BUDGET: The Mayor
advised that he would handle this matter.
5. NET PEN REPAIR: The Mayor advised that this would
be repaired imminently.
6. REVIEW OF LAKESHORE LEASES: With Council
consent, the Mayor advised that he would instruct staff to
prepare a report on the status of the leases.
7. PARK MAP: An additional park site at Brundage and
Mather Road was identified. Staff was directed to
investigate a park map as recommended.
8. LEGACY PARK: Recommendations for construction of a
volleyball court, installation of a bike rack, swimming
buoys, and other matters were considered. VanKomen moved to
approve recommendations 1-8 and ask staff to complete these
items as funds and time permit. Wallace seconded and the
motion carried.
C. AIRPORT ADVISORY COMMITTEE, JULY 23, 1992:
1. LEASES TO STEPHAN D. CONLEY: Two separate leases,
one for Lots C and D of Block 4 and one for Lot B, Block 5
were considered. The Committee recommended approval.
Wallace then moved to approve both leases to Mr. Conley as
recommended. VanKomen seconded and the motion carried.
2. LEASE TO FLIGHTLINE SYSTEMS: This lease was
reviewed in detail related to grading plans for the area
and relief from immediate payment of the lease. After
discussion, VanKomen moved to approve the lease subject to
review by the City Attorney. Wallace seconded and the
motion carried.
3. GRADING PLAN AND TAXIWAY DESIGN , WORK ORDER
TOOTHMAN-ORTON ENGINEERING: With approval of the Flightline
lease, engineering is required to ensure that the new
taxiways will be properly located. This work can be
reimbursable from a future FAA project. Wallace then moved
to approve the agreement with Toothman-Orton Engineering
for this work. VanKomen seconded and the motion carried.
A recess was called and the meeting resumed at 11 p.m.
D. IMPACT PLANNING AND ZONING COMMISSION, JULY 27,
1992:
1. SPRUCE GROVE SUBDIVISION: Frank Brown presented
the final plat for the Council's review. VanKomen then
moved to adopt the Commissions' resolution No. 92-II as
that of the City Council and to approve the final plat of
the Spruce Grove Subdivision. Wallace seconded and the
motion carried unanimously.
E. CITY PLANNING AND ZONING COMMISSION, JULY 28, 1992:
1. LAWRENCE SMART, SPECIAL USE PERMIT: The Council
reviewed the minutes and the Findings of Fact and
Conclusions of Law in the matter. Wallace moved to adopt
the Commissions Findings and Conclusions as that of the
City Council and to approve the special use permit with
the conditions recommended. VanKomen seconded and the
motion carried unanimously.
2. LORNA HANNA, SPECIAL USE PERMIT: This
application's history and procedure were reviewed. The
Council reviewed the Commissions minutes and their
Findings of Fact and Conclusions of Law. They asked that
the parking space required be designated as customer
parking. VanKomen then moved to adopt the Commissions
Findings of Fact and Conclusions of Law, amending them to
include the demarcation of the parking space as customer
parking and to approve the permit with all conditions as
recommended. Wallace seconded and the motion carried.
XIII. CORRESPONDENCE:
Letters from Vicki Grob and Mr. and Mrs. Binford were
noted. A letter from Leon Lindbloom regarding Cable TV
was discussed and staff was directed to correspond with
the firm regarding their proposed appearance before the
Council to transfer the franchise.
XIV. INFORMATION ITEMS:
Receipt of the following was acknowledged:
1. Animal Control report for June 1992;
2. Payette Lakes Water and Sewer District
brochure;
3. Letter from Matt Hunter;
4. VALUED Minutes of June 4;
5. Water and Sewer Flow data, June 1992
6. Letter from GTE re line installation.
XV. DISCUSSION:
The Council and Attorney discussed annexations,
Impact area philosophies, procedures of hearings, mobile
homes and other matters.
XVI. RECESS:
Wallace moved to recess the meeting to Monday, August
3 at 4 p.m. in the Chambers to conduct a workshop on the
budget. VanKomen seconded and the motion carried.