HomeMy Public PortalAboutCouncil Minutes 1992 11/24MCCALL CITY COUNCIL
MINUTES
NOVEMBER 24, 1992
I. CALL TO ORDER AND ROLL CALL:
Mayor Smith called the meeting to order at 7:35 p.m. in the
Golf Course Clubhouse. Councilmen VanKomen, Wallace, LeBrett,
and Larson answered the roll call. The Mayor declared a quorum
present.
The altered order of business was questioned. It was
determined that the City Council had no rule for the order of
business. Wallace then moved to schedule all public comments on
future agendas at 8 p.m. including on this meeting agenda.
LeBrett seconded the motion and on a roll call vote, Wallace and
LeBrett voted Aye. Larson and VanKomen voted No. The Mayor
voted No and the motion failed.
LeBrett then asked that the letter from Mr. Killen received
this date be spread upon the minutes. The Mayor so ordered. That
letter is made an attachment to these minutes.
II. MINUTES:
The minutes of November 10 were considered. Wallace moved to
approve the minutes. VanKomen seconded and the motion carried
unanimously.
III. PAYMENT OF CLAIMS:
A Voucher Report dated November 18 was considered. After
questions on various items, Wallace moved to approve the claims
as presented. VanKomen seconded and the motion carried.
IV. CONSENT CALENDAR;
The minutes of the Golf Course Advisory Committee dated
November 11, 1992 and the McCall Palnning and Zoning Commission
minutes for November 17 were listed on the calendar. VanKomen
moved to approve the consent calendar. LeBrett seconded the
motion and the motion carried on a voice vote.
V. ADDITIONAL AGENDA ITEMS:
A notice of claim and a letter from the Park and Recreation
Advisory Committee chair were added to the agenda with the
approval of the Council.
VI. OLD BUSINESS:
A. RESOLUTION 40-92, DUTIES OF THE CITY ADMINISTRATOR:
VanKomen asked that the document be amended to clarify what
other "officer" positions the Administrator could hold. The
amendment requested was to clarify that the Administrator could
be assigned the City Clerk's duties.
The floor was then opened to public comment. Dan Krahn for
the "Blue Ribbon" committee, asked that the resolution be tabled
and referred to the committee for review and comment since there
was no urgency in the action.
Mayor Smith read his statement of Policy intent as required
by Resolution 22-92 for consideration of this ordinance.
Ron Rooth also asked that the Resolution be referred to the
Blue Ribbon Committee. VanKomen questioned Mr. Rooth and
clarified his understanding of his obligations as an elected
official.
No one else appeared to be heard.
Wallace then moved to table Resolution 40-92 pending the
review by the Blue Ribbon Committee. LeBrett seconded and on a
roll call vote, Wallace and LeBrett voted Aye, Larson and
VanKomen voted No. Mayor Smith voted No and the motion failed.
VanKomen then moved to adopt Resolution 40-92 amended to
prohibit the Administrator from holding the position of
Treasurer and clarifying that the Administrator could also be
the City Clerk. Larson seconded and on a roll call vote,
VanKomen and Larson voted Aye; LeBrett and Wallace voted No.
The Mayor then voted Aye and the motion carried and the
Resolution was adopted.
B. 1991-1992 WATER SYSTEM IMPROVEMENT, FINAL BILL, JUB
ENGINEERING:
An issue with an adjustment on the bill could not be
resolved pending further research. The Mayor, with Council
consent, ordered the item to the Council's December 10 agenda.
C. 1991-1992 WATER SYSTEM IMPROVEMENT, RELEASE OF RETAINAGE
TO BROWN CONSTRUCTION:
After review and discussion, VanKomen moved to release the
retainage on the project in the amount of $19,977.88 to Brown
Contruction. LeBrett seconded the motion which carried
unanimously on a voice vote.
D. RESOLUTION 42-92, LID NO. 1, SETTING A HEARING ON
ASSESSSMENTS:
Resolution 42-92 was presented. VanKomen moved to schedule
the hearing for the second meeting in December, whenever that
date may be set, and to adopt Resolution 42-92. Larson seconded
and the motion carried unanimously.
VII. NEW BUSINESS:
A. ORDINANCE 621, REZONING CERTAIN PROPERTY
Ordinance 621 codifies the action taken on November 12 by
the City Council to approve the rezoning of certain land in the
Bear Basin area requested by Mr. and Mrs. Hand and Mr. Kliewer.
Larson moved to suspend the rule requiring that an Ordinance
be read on three separate occasions. Wallace seconded. On a
roll call vote, Larson, Wallace, LeBrett and Wallace voted Aye.
The Mayor declared the motion carried and the rule suspended.
The City Attorney read Ordinance 621 by title. Larson then
moved to adopt Ordinance 621. Lebrett seconded. On a roll call
vote, Larson, LeBrett, VanKomen and Wallace voted Aye. The Mayor
declared the motion carried and the Ordinance adopted.
B. NOTICE OF CLAIM, KEITH STEIN:
The notice was considered. Wallace moved to acknowledge
receipt of the claim and confirm the Clerk's referral of the
matter to the City's Insurance carrier and to the City Attorney.
C. ITD GRANT APPLICATION, BIKEPATHS:
The amended application was reviewed. It made a
committment of local funds to secure elegibilty. After
discussion, Larson moved to approve the grant application as
presented. LeBrett seconded and the motion carried unanimously.
D. NOTICE OF CLAIM, BJORN DAHLIN:
The notice was presented. Larson moved to acknowledge
receipt of the claim and confirm the Clerk's referral of the
matter to the city's insurance carrier and to the City Attorney.
VanKomen seconded and the motion carried.
VIII. BOARD, COMMITTEE AND COMMISSION MINUTES REQUIRING ACTION:
A. LETTER FROM TOMI GROTE, CHAIRMAN, PARK AND RECREATION
ADVISORY COMMITTEE:
The letter requested the committee's consideration of
plans for ice skating on the lake. A discussion of whether this
would be a city or volunteer activity. Mr. Baker had been asked
to coordinate the issue and the use of city equipment was not
intended in the process. Mr. Baker's "volunteering" to clear
the ice and assist in the project was acceptable. The city's
liability for sponsoring the activity was discussed. The
Council determined that there would be no city involvement or
expense undertaken in the promotion or construction of ice
skating facilities on Payette Lake and directed the Mayor to
respond to Mrs. Grote's letter.
The Council recessed from 8:55-9:05.
IX. STAFF REPORTS:
A. CITY ADMINISTRATOR'S REPORT:
The Administrator noted certain items on the written report
and reported orally on the installation of "bouncing ball"
lights at the 3rd and Lake intersection. This installation will
permit the removal of the suspended flashing light over that
intersection.
The staff requested action on the scheduling of the second
regular meeting in December which would fall on Christmas eve.
Wallace moved to scheule the second regular meeting for December
on December 29, 1992. Larson seconded and the motion carried.
The Administrator noted the opportunity to install stainless
steel piping as a part of the Wastewater Treatment Plant
Aeration System repair currently underway, at an additional
expense of $20,000. After discussion, Wallace moved to replace
the polyetheline pipe specified with stainless steel piping.
There was no second and the motion died. No action was taken
with the intent that project will proceed as originally specified
and approved, i.e. with polyetheline pipe.
B. CITY ATTORNEY'S REPORT:
The Attorney reviewed his October 15 memorandum regarding
certain issues surrounding the negotiation of a mutual aid
agreement between the McCall Police Department and the Valley
County Sherrif's Office.
C. CITY TREASURER'S REPORT:
The Treasurer presented his report for the month of October
1992. Also presented was the monthly report in the quarterly
report format. In addition a report comparing the ending year
estimated (for budget purposes) and actual balances for the
various city funds was discussed.
A report on the final clubhouse restaurant proceds, gross
receipts of $171,000 was also forwarded and reviewed. Finally,
the Treasurer reported on the apparent irregularity of golf
course receipts on October 4, 1992. Larson and VanKomen asked
why this had not been brought to the Council's attention when it
occurred.
X. PUBLIC COMMENT:
Susan Odell appeared and was heard on the matter of her Public
Records request.
James Campbell appeared and was heard and castigated negative
persons who failed to contribute to the community.
Gene Ashlock appeared and was heard regarding the
responsiveness of elected officials.
Bill Killen inquired whether there was any Council action
designating Councilman Larson as having any administrative
authority over the Golf Course operation. The Council asserted
that no such authority had been extended.
Tom Haynes appeared and was heard on the matter of the events
of October 4.
XI. MAYOR AND COUNCIL COMMENTS AND REPORTS:
A. Councilman Wallace reporting on the meeting of the Urban
Renewal Agency and asked that the City Attorney be directed to
prepare an ordinance to expand the Urban Renewal Board to 6
members, at the Board's request. The Council determined that an
odd number of members was preferred to breach a tie vote.
Wallace then moved to direct the Attorney to prepare an amendment
to the City Code to expand the Urban Renewal Board to 7 members.
Larson seconded and the motion carried.
B. Councilman Wallace asked if a snowmobile parking area is
constructed on Bezates property by the County, he would like the
city motor grader to grade the property to remove vegetation. The
property is in the County. The Council responded affirmatively
under the condition that the activity not interfere with snow
plowing operations. VanKomen then moved to permit the city motor
grader to grade the county snowmobile parking area once to remove
sagebrush, outside of the city limits. Wallace seconded and the
motion carried unanimously.
XII. INFORMATION ITEMS:
The information items presented were:
1. Copy of the Spring Mountain Ranch Wetlands Permit;
2. Letter to the Idaho Department of Parks and Recreation;
3. Letters to and from Sam Kalman;
4 Valley County Commission minutes of November 9.
VanKomen felt that Mr. Kalman's response was not specific nor
certain enough on the questions posed to him regarding his
acceptance of Urban Renewal Bonds and asked the Mayor to forward
another letter to have this clarified. In effect, if Kalman will
accept the bonds, the city will be able to frame an offer, and
if not, no offer can be forthcoming.
XIII. ADJOURNMENT:
At 10:14 p.m., without further business, Wallace moved to
adjourn, VanKomen seconded and the motion carried unanimously.
William M. Killen
Carl B. Kerrick
Law Offices of
KILLEN & KERRICK, P.A.
200 East Park St.
P.O. Box A.O.
McCall, Idaho 83638
MEMORANDUM
November 23, 1992
To: McCall City Council
From: William M. Killen
Gentlemen and Lady:
Telephone: (208) 634-7118
FAX (208) 634-5880
I noted with some interest that the Council's agenda for its
7:30 meeting of November 24th reflects an altered order of
business from past practice. In particular, the Council
comments and reports, the public comment and staff reports
have been reversed and dropped to the latter part of the
agenda rather than in their usual order and usual location
following the consent calendar and wrapped around the call
for additional agenda items.
I further note (since its November 12 meeting) that there
have been no meetings by the Council in the interval at
which this change in the order of business was either
offered or approved. The order of business being the
province of the governing board, and not its presiding
officer, I can only conclude that the presiding officer has
unilaterally altered that order without the consideration or
approval of the Council.
I would strongly urge you to either assert your perogative
in establishing and preserving your own order of business
or, if it is to be altered, that it least be done correctly,
namely, pursuant to motion. If it is to be done temporarily
a motion to suspend the rules could accomplish that;
otherwise, it would require a successful motion to
permanently alter the order of business.
Finally, and more importantly from the public interest
standpoint, the agenda for the meeting on the 24th, on its
face, appears to be a conscious effort to preclude any
public input prior to taking up the somewhat controversial
business which is on the agenda, and a rather obvious one at
that.
Thank you for your consideration.
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. A11 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.
Mayor
RESOLUTION NO. 22-92, April 23, 1992 page 2
r<E��'�LU\IUN
McCal1 Cz�y Co��e provires `.�at tne r�gr`zs.not�esea�n
~ r or appozntment and renoval :` u`
ooli�at�ons. znc1u�zng the manne
�zty ��m�nistrator be foy resoiut�on
a/�� THEREFORE. 8E I\ T44 �AY/�� �NO CIlY�OUNCLL u�e
THE �!T� OF �1C�LL t�at �esu1ution l - bt zs nerebymrescznaoeudand
�..ge
rzg��ts outzes' an�1 n����ga�zons' McCall
an" � We same are
of the ��dmzn s r i t ator of We City o, c. City
�erer, set ,nrth as follows:
Admznzstrator sha1l �ct as staf� asszstent to tnea�ayor
| e f his (the Mayors/ dut�cs or smperzntenozng n:
in the discharge o ohe city as provzoeo oY
conrro11zng the emploYees an� affazrs or � l� develoo wztn tNe
or City Polzcy �e s a '
Sta�u�e^ ordznance' dmznzstrat�ve pr�cesses that ensure that thin
vai o� the Mayor' a ^ ` � +erence tn
appro � carrzed out e '-- of the Counczi are .` _
polzrzes and oroinances � ns of �,`�s �esoiution shal1 me�n
� zn thzs and other sec zo `'
��`e �nuncz i1 as expressed zn a vote a� a regu
the maiorzty opinion of counc t �dmznzstrator shail repor`.
called meeting of tne Counczl [he �z yatters ' as a��proved �y t�e
~ the City Council at zt's meetzngs on �
`o re t�e attentionnczf.
�ayor' whzch re�uz
UND�R [HE DIRECTION OF THE MAYUH, the city *dmznistrator w"1" oe
renponsob1e:
zszon and �irectzon to CTtv Person" in
To provide supery
carryzng out thezr dutzes
`6) To assist the Czty Httorhey an� the Chie� or Po�zce to
ace that the laws of the state' pertaining to to�z�y^aan�ta��
- szons of City 1aw and ordinances are du�y enr rc�,� //�f ..�.fui�v
Prov� ermzts and przveleges granted by t��e city are aiu`
fr�nc�zses' p
(C) To make recommendations tot��e^Mayor tor
,the
,`development
-
f administrative procedures needed to permit` u/= .=.`~~_���
o ` vitzes of the various departments ano services o` �ne
ac�z ff ciently an� economzca1ly performe'�
government to be e z
To cause to be preparew and.submztteo to "m byieach
de��ar�ment' division, and service of tne �ityhitemzzed�annuais
tes of expend1tures Tor submzsszon tc� � e :=�,"' -^`'' �� preparation
estzma to ne conszdere�� in connect�on with the
recommendatzons
the annual bu�get
y [reasurer to execute the budget a�ter
to tne Mayo' ano Ci�v Council
ano make recommen�±at"ons
`*�^��'e �o `n�estments a�� �znanc,ng
or
suppizes goods, wares' merchandise, equipment, materials, and services
which may ' be required for the various departments and services or tne
City, suJect to the approval of tne Mayor and the City Council
n�atzons
( ,G) [o ensure the development of and to make recomme
for We City's Comprehensive Plan' snort and ionge range City
Improvements' and Planning to the Mayor and City Council
VH) To assist individuals in the communzty with the zr
inquiries and complaints relative to the City'� policzes, zonzng
orminances 1aws, regulations, or other matters and cooperate wit
h all
' t ons with the aim ana purpose to advance the best
communzty organzza z
interests oT the -:ity and it's people
(I) To prepare and maintain copies oT an informational policy
coverzng City codes, iawa, ordinances, and ano to
prepare and maintain a unified City employee salary schedule baseo on
approved Job classifications with annual recommendations for employee
p1acement for submission to the Mayor and the City Council.
(J) To ensure the maintenance or an up to date inventory or
all property, real and personal, owned by the City and to exercise
�ene,a1 supervzsion over the pu�lic �uzlnzngs`parks, streets and otner
public property under the control and jurisdiction of the City
,k) [o carry out such other duties and functions as
prescribed by the Mayor or City ordinances` policy or code
The City Administrator shall serve as staff to the Planning and '
Zoning Commzszons and to such other boards and committees appoznteo oy
the Mayor and/or City Council as the Mayor may direct.
The City Administrator shall receive such compensation as the
city Council shall determine from time to time He shall furnish a
corporate surety bond in the amount of twenty five thousand dollars
v*25,000)' to be approved by the City Council, which shall be
conditioned on the faithful performance of the duties contazneg in
this resolution.
The office of the City Administrator and any other ofrice of the
City may be held by the same person, The City Administrator may be
removed from office as provided by Idaho Code 50-2:b
y
ATTES,
�
ADOPTED this ... ��
'City Werk:
MAYOR
'
4�
RESOLUTION NO. '7,<
A RESOLUTION OF THE CITY C'F MCCALL, IDAHO, FIXING THE TIME AND
PLACE OF HEARING ON THE LOCAL IMPROVEMENT DISTRICT NO. 1 ASSESSMENT
ROLL; PROVIDING FOR PUBLICATION AND MAILING OF NOTICE THEREOF; AND
PROVIDING FOR OTHER MATTERS RELATING THERETO
WHEREAS, Local Improvement District No. 1 ("L.I.D. No. 1") of
the City of McCall (the "City") was created by Ordinance No. 612,
adopted by the City Council (the "Council") on July 9, 1992; and
WHEREAS, in accordance with Ordinance No. 612, the
improvements within L.I.D. No. 1 have been completed, and Toothman-
Orton Engineering Co., of Boise, Idaho, as engineer for L.I.D. No.
1, has submitted a report showing in detail the total cost and
expenses of the improvements, the dollar amount thereof payable
from assessments, and a form of assessment roll showing the amount
chargeable to each lot or parcel of property subject to assessment
within L.I.D. No. 1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MCCALL, IDAHO, as follows:
Section 1: The form of assessment roll for L.I.D. No. 1
prepared by the City Engineer shall be filed in the office of the
City Clerk, where it shall be available for public inspection
during normal business hours.
Section 2: , the nitN
M— day of December, 1992, at
the hour of $ P.M l, at the regular meeting place of the
Council, City Hall, 216 Park Street, McCall, Idaho, is hereby fixed
as the date, time, and place when and where the Council will meet
in open session for the purpose of considering Toothman-Orton
Engineering Co.'s report on the assessment roll and hearing any
objections to the assessment roll by the owners of property within
L.I.D. No. 1.
Section 3: The City Clerk shall give notice of the hearing
specified in Section 2 above by publication of notice,
substantially in the form set forth in Exhibit "A" which is annexed
hereto and by reference made a part of this resolution, in the
official newspaper of the City, once a week for two successive
weeks, the first such publication being at least fifteen (15) days
before the date fixed for hearing objections to the assessment
roll. The City Clerk shall also, not less than fifteen (15) days
before the date fixed for hearing objections to the assessment
roll, mail notice of the hearing, substantially in the form set
forth in Exhibit "B" which is annexed hereto and by reference made
apart of this resolution, to each owner of property, if known, or
Page 1
his or her agent, if known, within the limits of L.I.D. No. 1,
addressed to such person at his or her post office address, if
known, or, if unknown, to the main post office in the City of
McCall, Idaho. The mailed notice shall state the amount of the
individual assessment as shown on the preliminary assessment roll.
Section 4: The owner or owners of any property which is
assessed in said assessment roll, whether named in said assessment
roll or not, may, within the time specified in the notice before
the date and time fixed for the hearing, file with the City Clerk
his or her objections in writing to said assessment.
DATED this 24th day of November, 1992.
ATTEST:
City Clerk
Page 2
CITY OF MCCALL
Valley County, Idaho
By
ORDINANCE NO. 621
AN ORDINANCE OF THE CITY OF McCALL, IDAHO, RELATING TO THE
ZONING CLASSIFICATION OF THE PROPERTY DESCRIBED IN THE
ORDINANCE; RECLASSIFYING IT FROM ZONE "F" TO ZONE "F-1"; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
McCALL, IDAHO, AS FOLLOWS:
Section 1. The Mayor and Council having adopted as
their own the Findings of Fact and Conclusions of Law of
the Planning and Zoning Commission, the proper notices
having been given, and the proper hearings having been
held, the following described property is reclassified
into Zone "F-1":
The SE 1/4 of the NW 1/4 of the SE 1/4,
Section 6, T. 18 N., R. 3 E., B. M.
Section 2. The Official Zoning Map is amended
accordingly, and the Zoning Administrator is directed to
physically mark the change on the map and to endorse it with
the number of this Ordinance.
Section 3. This Ordinance shall be in full force and
effect from and after its passage, approval and publication
as required by law. This Ordinance shall not be codified.
Passed and approved November 24, 1992.
ORDINANCE NO. 621, November 24, 1992
CERTIFICATE OF RECORDING OFFICER
STATE OF IDAHO )
) ss
COUNTY OF VALLEY)
I, the undersigned, the duly appointed, qualified, City Clerk of
McCall City, Idaho, do hereby certify the following:
1. That pursuant to the provisions of Section 50-207, Idaho
Code, I keep a correct journal of the proceedings of the Council of
McCall City, Idaho, and that I am the statutory custodian of all laws,
ordinances and resolutions of said City.
2. That the attached Ordinance No. to vZ / is a true and correct
copy of an ordinance passed at a regular meeting of the Council of
McCall City held on no .2({ , 19 7,4, and duly recorded in my
office; and
3. That said regular meeting was duly convened and held in all
respects in accordance with law and to the extent required by law, due
and proper notice of such meeting having been given; that a legal
quorum was present throughout the meeting and that a legally
sufficient number of members of the Council of McCall City voted in
the proper manner and for the passage of said ordinance; and that all
other requirements and proceedings incident to the proper adoption and
passage of said ordinance have been duly fulfilled, carried out and
observed; and that I am authorized to execute this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of McCall, Idaho, this o25/f4 day of
(Seal of the City)
Arthur J. :chmidt, City Clerk