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HomeMy Public PortalAboutCouncil Minutes 1992 11/12MCCALL CITY COUNCIL NOVEMBER 12, 1992 MINUTES I. CALL TO ORDER AND ROLL CALL At 7:00 p.m., Mayor Smith called the meeting to order. Councilmen VanKomen, Wallace, LeBrett and Larson answered the roll call. The Mayor declared a quorum present. II. MINUTES The minutes of October 22 and November 5 were presented. Wallace moved to approve the minutes for the two dates as submitted. Larson seconded and the motion carried. (Later in the agenda, the November 5 minutes were reconsidered.) III. PAYMENT OF CLAIMS: The payroll report of October 27 and November 5 and the Voucher report dated November 8 were presented. Larson moved to approve the payroll reports and the voucher report. VanKomen seconded and the motion carried. IV. CONSENT CALENDAR: The calendar listed the Library Board Minutes for October 27 and the Impact Area Planning and Zoning Commission minutes for November 2. VanKomen moved to approve the consent calendar. Wallace seconded and the motion carried. V. MAYOR AND COUNCIL COMMENTS AND REPORTS: A. Mayor: Mayor Smith nominated Mike Anderson to serve on the City Planning and Zoning Commission. Wallace moved to confirm the nomination. Larson seconded and the motion carried. The Mayor then nominated Dean Martens for reappointment to the Park and Recreation Advisory Committee. Larson moved to confirm the nomination, VanKomen seconded and the motion carried unanimously. The Mayor then nominated Jeff Goodman to serve on the Golf Committee replacing Dan Hormaechea who resigned. Wallace moved to confirm the nomination. Larson seconded and the motion carried. The Mayor then introduced the City Attorney's job description. VanKomen moved to approve the job description as presented. Larson seconded and the motion carried. The Mayor then introduced Resolution 40-92, outlining the duties and responsibilities of the City Administrator. He advised that this updated the current Resolution 1-86, that the duties and responsibilities were unchanged but that the supervision of the position, i.e. under the direction and supervision of the Mayor, were clarified. Councilman Wallace asked how adopting this would mesh with the Blue Ribbon Committee's work and the Mayor responded that it did not affect their mission and the date of their first meeting was scheduled for December 3. VanKomen then moved to approve Resolution 40-92. Larson seconded the motion. The floo~ was opened to public comment to discuss the matter. Glenn Gore spoke advising that the revised resolution had been submitted this date at 12 noon and that according to Resolution 22-92 could not be considered since it violated the City Council's policy. Ron Rooth noted that the text of the Resolution had been altered since the last meeting and that under Resolution 22-92 could not be considered and invited the Mayor and Council to resign. Steve Millemann outlined his concerns with the proposed changes in the document and expressed concern that it leaves effectively a city clerk and removes the position of a~ effective professional administrator. Kirk Eimers stated that the public had spoken on the need for a professional administrator in August and that this was an attempt to do indirectly what the Mayor had failed to accomplish at that time. Susan Odell asked why the Attorney General's opinion handed down in August had not been forwarded to the City Council. She asked if Resolution 40-92 would be scheduled for a hearing. She inquired about the City Attorney's business card, about Resolution 22-92, about Councilman Larsons apparent approval of discounted greens fees on October 4, 1992, and about the impact of the latter action on the Golf Clubhouse bond status, and inquired why the clubhouse rental fees were not paid for this private event. The City Attorney and Councilman Larson responded. The Attorney advised that listing a Boy Scout activity on the back of his card was a reasonable consideration for long work hours. Mr. Larson explained that the rates he approved were set by Janet Hoss, that fee adjustments were common practice, and that the clubhouse was open to the public during the event and the off-season rental fee did not apply, and that the fees were collected by the Golf Professional who had coordinated the 9 hole tournament. The Council inquired of the City Attorney whether the Resolution had been altered and could be considered. The changes were outlined and the attorney determined that alteration had occurred. VanKomen then withdrew his motion, Larson withdrew his second and the Mayor declared the motion dead. Public comment then continued. Dan Krahn appeared. The City Attorney advised of the provisions of I.C. 50-602. and the Council then recessed for 10 minutes. VI. PUBLIC HEARINGS, 8:00 P.M. A. ANNEXATION OF MALCOLM SCOTT PROPERTY, JACOB ST. The Mayor opened the public hearing on the matter of annexing certain property owned by Malcolm Scott. A staff report was called for and given reviewing the City Planning and Zoning Commissions actions and Findings of Fact and Conclusions of Law in the matter. The floor was opened to public comment. Pat Morris, McCall Campground, appeared opposing the annexation. Michael and Pat Jones appeared and presented a letter and photographs of mobile home parks and indicated their opposition to the request. Malcolm Scott appeared and discussed his project. Wallace then moved to adopt the Commission's Findings of Fact and Conclusions of Law amending item No. 12 to require that the applicant secure all of the Jacob St. right-of-way, and construct and pave a road to city standards on that right-of-way. Larson seconded the motion and on a roll call vote, Wallace, Larson, LeBrett and VanKomen voted Aye. They mayor declared the motion carried. Staff was directed to prepare an annexation ordinance for Council consideration. B. HAND/KLEIWER, ZONE RECLASSIFICATION REQUEST: The Mayor then opened a zone change request by John and Phyllis Hand and Richard Kleiwer to reclassify property from Urban Agriculture F-1 to Urban Agriculture F-3. The Mayor called for a staff report which was given and then opened the floor to public comment. David Kalange appeared and asked for clarification of the property location. Will Atkinson appeared and indicated that the intent of the zoning was to develop the area at a density of 1 house per 2 1/2 Acres. No one else appeared to be heard and the Mayor closed the hearing. Larson moved that the Council adopt the Findings of Fact and Conclusions of Law of the City Planning and Zoning Commission on the matter and approve the zone change request. Wallace seconded and on a roll call vote, Larson, Wallace, VanKomen and LeBrett voted Aye. The Mayor declared the motion carried and directed staff to prepare an Ordinance to effect this change and present to the City Council. VII. OLD BUSINESS: The agenda was moved to permit those needing to travel after the meeting to complete their business. A. AIRPORT BASIN FINAL SEWER DESIGN: Rick Orton and Kim Allen reviewed the final design of the gravity service intended for the airport basin and explained details of the project, including the need to cross the certain taxiways on the airport, either cutting or boring at those locations and the relative costs. The potential interference with the airport during a fire season makes the scheduling and timing of this project crucial. The engineer further recommended that certain easements for the sewer lines be secured immediately for this project. The Council invited a work order to undertake this activity. B. WATER SYSTEM IMPROVEMENT PROGRAM: 1. UPDATE ON WATER CHARACTERIZATION: Mr. Lynart of Montgomery Engineering reviewed the additional research on the character and quality of the lake water. He noted an unusually high presence of Haloacetic Acids which, when contacted with chlorine, create unacceptable byproducts. While not currently regulated, it is expected that within the near future the byproducts will be regulated and that a water treatment plant for the city should be designed to address this issue. He noted his plan to retest the water and to test water from the Davis Beach intake as well as sampling from the Lake St. Station intake. 2. WORK ORDER, WATER SYSTEM ENGINEERING SERVICES, NO. 2: Mr. Orton of Toothman-Orton Engineering discussed the work order for further engineering services on the water system. The Council discussed mapping costs and elected to permit only the mapping costs already undertaken by the engineer, approximately $20,000. and to address any future mapping costs in a separate work order. VanKomen then moved to approve Work Order No. 2 as amended, and authorize the Mayor to sign when amended. Wallace seconded and the motion carried unanimously on a voice vote. V. MAYOR AND COUNCIL COMMENTS AND REPORTS, CONTINUED A. MAYOR'S REPORT, CONTINUED: Mayor Smith noted the "Action Report" which will be regularly updated. B. COUNCIL REPORTS: Councilman Wallace inquired if the city would be represented at the Idaho Transportation Board meeting in Cascade regarding the Smith's Ferry Bypass project. VanKomen moved to have the Mayor direct a letter of support for the project to the Board and to have a city representative attend the meeting. Wallace seconded and the motion carried. VI. STAFF REPORTS: A. CITY ADMINISTRATOR'S REPORT: A written report noted timely submission of the Community Development Block grant and attached a copy of a letter from the Department of Parks and Recreation. The staff asked for approval of requesting pro-rating the state liquor license for the Golf Clubhouse for 1993. Larson moved to request proration oF the liquor license for April 1 through December 31, 1993. Wallace seconded and the motion carried unanimously on a voice vote. A draft letter to Sam Kalman was submitted for review prior to mailing. VanKomen asked that the letter clearly outline to Kalman that the financing would be through Urban Renewal bonds and that the holders of such bonds have only the tax-increment financing revenues as recourse for payment. The plan for developing a proposal was outlined. Wallace then moved to correct the November 5, 1992 minutes to include reference to the Urban Redevelopment Bond-Tax Increment Financing matter, noting that Kalman must accept these bonds for the deal to proceed further. VanKomen seconded and the motion carried unanimously. B. CITY ATTORNEY'S REPORT: No report was made and no action taken. C. CITY TREASURER'S REPORT: The monthly report for September 1992 was presented for information. The year-end, fourth quarter report for the 1991-1993 Fiscal Year ending September 30, 1992 was presented. After discussion, VanKomen moved to approve the report and authorize publication. Wallace seconded and the motion carried unanimously. VII. OLD BUSINESS, CONTINUED C. WASTEWATER TREATMENT PLANT, AERATION SYSTEM REPAIR, CHANGE ORDER NO.i: The Change Order for deleting the fixed pump station amd replacing it with a portable pump with associated hoses and fixtures was clarified as requested on the earlier agenda by the Council. Wallace moved to approve Change Order No. 1 to Bezates Construction for $6225. LeBrett seconded and the motion carried. D. LEASE-PURCHASE REFINANCING PROPOSALS: The City Treasurer presented the responses to the Request for Proposals. After review and discussion, VanKomen moved to accept the KEY Corp. proposal for refinancing as presented. Larson seconded and the motion carried. VIII. NEW BUSINESS A. RATIFICATION OF RIGHT-OF WAY AGREEMENT WITH THE MCCALL-DONNELLY SCHOOL DISTRICT: The agreement was noted which dedicates a portion of the Samson Trail to the city for street purposes with certain conditions. Larson moved to ratify the agreement. VanKomen seconded and the motion carried. B. SEWER CAPITALIZATION FEE, STATE OF IDAHO; The calculation of sewer capitalization fees for the new. Sitpa-State Office complex on Deinhard Lane was presented. After discussion, Wallace moved to approve a sewer capitalization fee of $1643.73 for the project. Larson seconded and the motion carried. C. ORDINANCE NO. 619, USE OF THE LARDO BRIDGE FOR SNOWMOBILES: The Ordinance as presented was discussed. VanKomen then moved to suspend the rule requiring that an ordinance be read on three separate occasions. Larson seconded. On a roll call vote, VanKomen, Larson, LeBrett and Wallace voted Aye. The Mayor declared the motion carried and the rule suspended. Larson then moved to adopt Ordinance No. 619. VanKomen seconded. The City Attorney then read the Ordinance by title. On a roll call vote, Larson, VanKomen, LeBrett and Wallace voted Aye. The Mayor declared the motion carried and Ordinance 619 adopted. LeBrett noted the Board of Commissioners action to dedicate its highway funds to the Deinhard-Boydstun connector bridge. D. CITY STREET FINANCE REPORT: The report was considered by the Council. Wallace moved to approve the report and authorize publication. LeBrett seconded and the motion carried. E. WATER LINE DEDICATION, PAYETTE LAKES COMMERCIAL CENTER: A letter from the project owner was considered. Larson moved to accept the water line for perpetual operation and maintenance by the city water system. VanKomen seconded and the motion carried. F. REQUEST FOR PROPOSALS, GOLF CLUBHOUSE RESTAURANT: The proposed RFP was presented for approval. After review, Wallace moved to approve the draft and authorize publication of notice, including publication in the Idaho Statesman. Larson seconded and the motion carried on a voice vote. IX. BOARD, COMMITTEE AND COMMISSION MINUTES REQUIRING ACTION: A. AIRPORT ADVISORY COMMITTEE, NOVEMBER 4, 1992: The Committee recommended that the pre-application for Airport Improvement Project funds be forwarded to the FAA. The Committee recommended that the city prepare and advertise a request for proposals for engineering services to select an engineer for the project. LeBrett moved to approve the committee recommendations. Wallace seconded and the motion carried unanimously on a voice vote. B. PARK AND RECREATION ADVISORY COMMITTEE, OCTOBER 10,1992: The Committee recommended that the Council direct the City Attorney to draft a lease agreement with the Garnet Beach Homeowner's association. The question of a fee arose. It was proposed that any fees be deposited to the Park fund. Wallace then moved to approve the recommendation. LeBrett seconded and the motion carried. The fee was further discussed, and Larson then moved that staff be directed to analyze dock amortization, and recommend to the committee a reasonable fee for this lease. The Committee recommended that the Hoyle property acquisition be moved forward. The Council asked to review correspondence on the need for that property and was directed to contact Mr. Hoyle for further discussion. The Committee recommended that a plan for installing swimming buoys in Legacy Park from the city's contingency fund. The Council asked that the use of logs be considered and that the city's insurance carrier be queried on this matter and that the matter be returned to them for further consideration. No action 'was taken on the recommendation. C. CITY PLANNING AND ZONING COMMISSION, NOVEMBER 3, 1992: The Commission recommended the adoption of Ordinance 614A. the City Attorney recommended that action on this matter be delayed until the companion Impact Ordinance was ready for consideration and these be heard concurrently by the Council. It was so ordered, and no action was taken on the recommendation. X. CORRESPONDENCE: 1. LETTER FROM JEAN ODMARK: The letter requested a water meter. Staff was directed to review city policy and to reply to her. 2. LETTER FROM JERRY HOLOWITZ: Receipt of a letter responding to a nuisance complaint was acknowledged. XI. INFORMATION ITEMS: The following information items were listed: Valley County Commission minutes for September 28, October 13 and 26, 1992; A letter to L.G. Wasden, Deputy AG, from Attorney Burton; A letter from AIC regarding Legislative dinner meetings. Wallace moved to acknowledge receipt of the information items. VanKomen seconded and the motion carried. XII. OTHER BUSINESS: Councilman VanKomen asked that information on establishing a resort city tax be forwarded to Rick Fereday. The Mayor so directed the City Attorney. XIII. ADJOURNMENT: AT 11:55 p.m., Wallace moved to adjourn. and the motion carried unanimously. VanKomen seconded ~Mayor ORDINANCE NO. 619 AN ORDINANCE OF THE CITY OF McCALL, IDAHO, MAKING PERMANENT THE AUTHORIZATION OF THE USE OF THE LARDO BRIDGE.BY SNOWMOBILES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: ~. McCall City Code Section 5-6-350 (0) is amended by deleting the paragraph at the end thereof as follows: ,-,,.~+, ,,,,-~ ;4. e.,,h,-~ll .t.,Nrr~;,-,,'~'F,'.* ,'~,',,-, ~,,~,'~,' ~,',",,'," ;4'c. ,~'F'R.'~,',+;~,,'~ u,.,,,~.,. ,.,,,., .... ;,.~ ~, ,,.+,.,~,. ,.,,,.,~, .... ,~ ,.,,. ,-,v+,.,,.,,~,~ by As the balance of the section is not affected, it is not set out. ~9~. This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Passed and approved November 12, 1992. Mayor ATTEST: City C~rk Ordinance 619, November 12, 1992 page 1 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: 2. Ail 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 pridr to consideration by the City Council. 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. Mayor ATTEST: ~ ~ '~ RESOLUTION NO. 22-92, April 23, 1992 page 2 -;s.u~,p.l. ;~.es~., ,,..q.o,],,;;~s, ,,,..s,..'.,.-e.;?.-:., me'rchandZse, equzprr~ent., mat. e~' ials, ar;d C.I t.,/, .~u~,.] ec 't. t.c, the ..=...pF,'rova ]. 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C::i.t.y ,:::,'r,,d:knances, poi :toy ,DP co,de 'T'he ,z, f i':e,.':e o'f t. he C'ity Adrr, in:[st.~-ato~' and atgy ,:,t. heP ,--,1''it'= ,:,f t. ne " ..... ',. r;',av be held b'.-.' the same E,,.~Y'S,DI'] The Cit. y A,]minist-I'ator may be :-em,:::,,¢e.:~ f?om ,:,'ffi.,.:e a"-=. pp,-,,.,zde,d by Idaho Code 50-206.