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 ]. ':2'~ t..he ,Mayo~' and the C 1 t.y C,::..-,.~]c
( ~'~ .~ J"C: ~:=~'--~ ~'re f.l-~e ,-~,=,-,,.,= I -rr ~; f '.i:f -B.'..'3~. f.~-: ,h._.l;-.~ i':.e
............ i--,,'- ;--:~ -i :/~ ~' 1 .B-.',"l .= r-~,-~ '.,' * an,-1 .[ ,..-.,i~:T~'e I' ~.)~,=q~' ~" i t.'--¥
'!;0'¢ +i'3~ '.;2'i .I--... ~ .=~ ._.~_[ ~_,~ ~, ,..~,,_-. , ,._ , ~ ~, - -. -. ~"
:l. ml..-~.r.,3v~..=_.!';-~e,..'~.t~., and planc~l-,,,~ to the N.~.yc.,',,' .~.nd C~.t.';/
'.:.H.:, 'i,::, a~.-~.:.'_st ~nd±¥'~,:~ua].'.-=..- .,,.',.a %he comn',un:'~t.y with
:~. i",..C,.'....,~ i '¢ '! ~ ~.~i~J .,2 ,l,r'~O, 1 .i!~. i .-,..~ ~, ..=- .¢ ~:? ~ ...:~ .t.,..,~ ,..-',=~., ,.. t~,:::: %h~ ;%._ i ty ' '=-- r-,,-;~..~ t i r_. 1 :-=."-%,
,--,:,mmL4nl'!.:.y ,:,i',;]a'~];L:~at:L:3P.'E. ,,,:t+..h~ .+.-he .B.].m .~,,]d pupp,.-..,se t..o a,dv.:,n,..-..e
I . , ,..-.. .......... '-' ....~-i ...... ~' = ~ - i-' '-'-' ~-' ·
ppepa'¢e ..e.n,_-..';. rr.....:--..-.,.ir,,t:b:.'-'.,-~ .-:'-. ,...4',qifi~,3 Cit'y' employee sa;i.~.P'::.-" sch,,e.d:Jie.
· :¢-~-'i-:: .......... E ......... = + ' op'= '¢,.' 1 '? r-, =r,',m, .~, ~ ',,'¢-,.- -hrqf;'l.~q~3.-it % Ol'":'E.
pi.s,..,..-.,..--..:me~,t ~,.-;:',,, sL,~brr.,.i'~-=.~:,.,z,',a t.,z, the I"l..~.y,::,~- .s~.~d t..he C±ty Cou',,-'~,::&l.
(.]) 'l'e ens-:.L.,?e the ma:~.p, tenance OT ...=...ia t~'F-' to dE.,.t.e invec~to'ry
al.'!, p'..,-oF.,e'¢'(.y, ,-eal ar',.d peP'=.o'.':',a.!., ,.-.,w~aed by. t.,~e Cit.'./ and to
,p!.:..-:'r],.'.e?'a .i. '-'~uLE, e;'¥!s;!.o'.."'] o¥e'¢ .+..he pbi?.,.L & c bt..41 ldi~q:~s, p..T.~.i'k5, s.+_.;',ee%s
i3.,...4h, i:Lc !],i-,::.,[_-.,¢.::l't.'l.,' t.4nde',* t.!'-~e fOl'l'k.l',i.'i .B.l'l,d j,'_.,i'Is:JlCtl,Dl-~ :Df the City
F_,ne.~..:: '..,* :!.l.-..,~,::t b'y' 't. he ['lay,':,? ,.-.,? 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.