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HomeMy Public PortalAboutCouncil Minutes 1992 08/27MCCALL CITY COUNCIL MINUTES AUGUST 27, 1992 I. CALL TO ORDER AND ROLL CALL At 7 o'clock p.m. Mayor Smith called the meeting to order in the McCall -Donnelly Elementary School Multipurpose room. Councilmen VanKomen, Wallace and Larson answered the roll call. The Mayor declared a quorum present. II. MINUTES The minutes of August 12 and August 13 were considered. Mr. Wallace asked that the minutes of August 13 be corrected to note his concurrence with the American Legion position and that the Mayor was directed to work with Mr. Miller to resolve the matter. It was so ordered. Wallace then moved to approve the minutes of August 12 and 13 as amended. Larson seconded and the motion carried. III. PAYMENT OF CLAIMS The payroll report dated August 12 was presented. Larson moved to approved the report. Wallace seconded and the motion carried unanimously. The Voucher report dated August 19 was then considered. After questions and clarification, Larson moved to approve the voucher report as presented. VanKomen seconded and the motion carried unanimously. At 7:04 Councilman LeBrett arrived. IV. CONSENT CALENDAR: The only item listed on the calendar was the Golf Course Advisory Committee minutes of August 5, 1992. Wallace moved to approve the consent calendar. Larson seconded and the motion carried. V. MAYOR AND COUNCIL COMMENTS AND REPORTS: Mayor Smith reported on two items, as follows:. A. Form of Government: To follow on the suggestions of Council members and others, he advised that he would appoint a "Blue Ribbon" committee to research, evaluate and report on the alternatives for forms of government. B. Tenure of City Administrator: He announced that Mr. Schmidt would remain the city administrator until he completes his job search or until the City Council acts to terminate him. VI.STAFF REPORTS: A. CITY ADMINISTRATOR'S REPORT: A written report transmitted a memorandum status report on the Airport Basin Sewer Service design. Additional mapping and exploration had identified a way to provide gravity service across the airfield. The administrator advised that the Edwards Variance request had been held over to this agenda, that it had not been listed on the agenda and that it be rescheduled to a subsequent agenda. Action was deferred until Mr. Edwards could be contacted by phone during a recess. B. CITY ATTORNEY'S REPORT: A written report was reviewed noting effort on Ordinance 613, matters, and noted that a lawsuit been filed by Mr. Supko regarding across his property. Mr. Burton reported that the Spring Mountain Ranch Agreements were executed. He reviewed the status of the agreements concurring that the matters discussed with the Council on December 7, 1991 were altered in the agreements in accord with those understandings. He also reported that the City Councils questions posed at the June 25 meeting were discussed and would be addressed separately by letter. Mr. Killen's inquiry regarding the status of building permits and planning and zoning activities in the Area of City Impact was addressed. An Attorney -General opinion has been requested on the matter. The Mayor agreed to convene a meeting with the County Prosecutor, City Attorney and other relevant parties to "satisfy Valley County Officials" and to re-create the Impact Planning and Zoning Commission. Clark Variance: Mr. Killen has suggested that this matter be brought back in-house. Mr. Burton advised that he was asking Mr. Killen to advise him on the ethical dimension of this matter. C. CITY TREASURER'S REPORT: by the City Attorney Planning and Zoning against the city had the access easement 1 Mr. Henderson was absent and there was no report. VII. OLD BUSINESS A. GOLF DRIVING RANGE DEED The Council reviewed a letter from Attorney Killen, representing the Golf Course Foundation, offering alternatives to resolving the deed transfer problem. After discussion, VanKomen moved that the city secure a deed though subject to the current indebtedness with two additional agreements, namely (1) a back-up agreement from the lending institution limiting the city's exposure on the mortgage to $25,000,(2) an agreement by the Whiteman -Neff partners who agree to pay off the indebtedness when due in 1993. Wallace seconded and the motion carried. VIII. PUBLIC HEARINGS A. MICHAEL ROGERS APPEAL OF A NUISANCE COMPLAINT At 8 p.m., Mayor Smith opened the hearing and called for a staff report. The City Attorney advised that all but one vehicle had been removed and that as of this date compliance has been secured and that the hearing was unnecessary. Mr. Killen, representing the Rogers', observed that the Rogers' felt singled out for prosecution, that the local ordinance is inconsistent with state statute and that the city was not entitled to create "infractions" except those adopted by state code. At 8:09 p.m. the hearing was closed and vacated. At 8:10 the Council recessed until 8:25 p.m. IX. PUBLIC COMMENT At 8:30 the floor was opened to comment from the public. Gene Ashlog appeared and recommended the utilization of television, telephone and computer technologies to permit citizen participation on government policy questions. Bill Killen appeared urging that the Impact Area Planning and Zoning Commission ordinance be adopted so that citizens in that geography can utilize planning and zoning processes. At 8:35 p.m., the floor was closed to public comment. VII.OLD BUSINESS, CONTINUED B. WASTEWATER TREATMENT PLANT, AERATION SYSTEM REPAIR, ENGINEERING WORK ORDER, JUB ENGINEERING: George Wagner presented an engineering work order for a lump sum of $24,500 for design for the repairs and an estimate of $12,200 for construction supervision on a Time and Materials basis. After discussion, VanKomen moved to approve the engineering work order subject to review by the City Attorney. LeBrett seconded and the motion carried. C. WASTEWATER TREATMENT PLANT, AERATION SYSTEM REPAIR, APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS: Mr. Wagner presented the plans and outlined the alternate bid on pipe materials, that is that polyethelyne and stainless steel piping bids were both requested in the package. He asked that the Plans and specifications be approved subject to the Attorney's review of the contract documents as well as subject to the approval of the Joint Operating Board for the Plant, and subject to the Idaho Department of Health and Welfare approval. He reviewed the publication and bid opening schedule. After discussion, VanKomen moved to approve the plans and specifications and call for bids on the Wastewater Treatment Plant aeration system repairs subject to approval by the Attorney, the Joint Board and the Department of Health and Welfare. Wallace seconded and the motion carried unanimously. D. EDWARDS VARIANCE HEARING, SPECIAL MEETING VanKomen moved to schedule a special meeting for September 2, at 12 noon in the chambers to hear this matter. Wallace seconded and the motion carried. E. RIVERSIDE SUBDIVISION, SEWER LINE ENGINEERING, DUANE SMITH: Staff reviewed the status of this and advanced Mr. Smith's offer to pay for $1000 of the estimated $3500 engineering cost for this line. After discussion, the Mayor agreed to coordinate a meeting with Mr. Foster and Mr. Smith. F. ORDINANCE 613, TECHNICAL CORRECTIONS TO INFRACTION PENALTY WITH PENALTY RESOLUTION AND SCHEDULE, THIRD READING: The Ordinance was read by title. The Mayor called for a roll call vote on the adoption of Ordinance 613. VanKomen, Larson, LeBrett and Wallace voted Aye. The Mayor declared the motion carried and the ordinance adopted. Resolution 34-92 was considered. Wallace moved to adopt Resolution 34-92. Larson seconded and on a roll call vote, Wallace, Larson, LeBrett and VanKomen voted Aye and the Mayor declared the motion carried. X. NEW BUSINESS A.SNAKE RIVER VALLEY CABLEVISION, ASSIGNMENT TO FALCON CORP., CATV LEASE: After discussion with John West, Area Manager for Snake River, Larson moved to approve the assignment of the Cable Television franchise to Falcon Corp. LeBrett seconded and the motion carried. Resolution 35-92 was introduced to confirm this transfer. Larson moved to adopt Resolution 35-92, VanKomen seconded and the motion carried. B. PARKING AGREEMENT, SPORTS MARINA After review of the agreement, Wallace moved to approve the agreement with the Sports Marina subject to approval by the city attorney. VanKomen seconded and the motion carried. XI. BOARD, COMMITTEE AND COMMISSION MINUTES REQUIRING ACTION: A. PARK AND RECREATION ADVISORY COMMITTEE, AUGUST 18, 1992: 1. BIRD HOUSE: The Committee recommended that the city accept the offer of a bird house as a gift from the Frazee family. VanKomen moved to accept the Committee recommendation. LeBrett seconded and the motion carried. 2. GOUL ACCESS RIGHTS: The Committee recommended that the legal staff be directed to provide an opinion on the status on the Goul and Muir upland access permits along the new parkway. Wallace moved to adopt the Committee's recommendation. LeBrett seconded and the motion carried. XII. CORRESPONDENCE: Letters from Mary Chaney and Mary Hamilton were noted. Larson moved to acknowledge receipt of the correspondence. VanKomen seconded and the motion carried. XIII. INFORMATION ITEMS: The following items were listed: A. Letter from Jamie Shropshire from Attorney Burton regarding Open meetings; B. Memo from Mayor Smith regarding Airport Power line easement. XIV. ADJOURNMENT: At 9:48 without further business, Wallace moved to adjourn, VanKomen seconded and the mot' rrie Mayor Clerk