Loading...
Council Minutes 1993 07/08MCCALL CITY COUNCIL MINUTES JULY 8, 1993 I. CALL TO ORDER AND ROLL CALL: The Mayor called the meeting to order at 7:05 p.m. Councilmen VanKomen, Wallace, LeBrett and Larson answered the roll call. The Mayor declared a quorum present. II. MINUTES The minutes of June 24 were considered. VanKomen moved to approve the minutes as presented. Larson seconded and the motion carried. The minutes of the special meeting of July 6 were considered. VanKomen moved to approve the minutes of July 6, 1993. Wallace seconded and the motion carried. III. PAYMENT OF CLAIMS: Payroll Reports for June 25 and July 6 were presented. Wallace moved to approve the payroll reports for both dates. VanKomen seconded and the motion carried. A Voucher Report dated July 1, 1993 was presented. VanKomen moved to approve the Voucher report and pay the bills. Wallace seconded and the motion carried. IV. CONSENT CALENDAR: No items were listed and no action taken. V. ADDITIONAL ITEMS: Councilman Wallace introduced a letter from Scott Lemberes asking for traffic control at the Park and 3rd Street intersection. The Council asked that the staff respond and forward a copy of the IDT letter indicating the status of the traffic counts listed on the information items of this agenda. It was so ordered. VI. OLD BUSINESS; A. ORDINANCE 632, SECOND READING, RELATED TO WATER AND SEWER SERVICES; The City Attorney read Ordinance 632 by title. He noted that replacement pages had been drafted to reflect changes request by the Council. The Ordinance was then ordered to the next agenda for its third reading. VII. NEW BUSINESS: A. NOTICE OF CLAIM, PIONEER AVIATION: The Administrator noted that the claim had been referred to the Attorney and Insurance carrier. Wallace moved to acknowledge receipt of the claim and refer the matter to the city's insurance carrier. Larson seconded and the motion carried. B. AIRPORT ENGINEERING CONTRACT: The professional services contract with Toothman-Orton Engineering for the 1994 Airport Improvement Project was presented. Staff reviewed the independent cost estimate with the Council and recommended approval. The Airport Committee's recommendation on the matter was also noted. Wallace then moved to approve the contract for Engineering Services and authorize the Mayor to sign. Larson seconded and the motion carried unanimously. C. ROOF REPAIR, PLANS AND SPECIFICATIONS, CALL FOR BIDS; The Treasurer reviewed the plans and specifications for roof repair at the City Hall, the Library and Senior Citizens' building. The priority was for replacement of the City Hall and Library if insufficient funds were available to do all three buildings. After discussion and a request by the Council to receive copies of the Senior Citizens' agreement, Wallace moved to approve the plans and specifications and call for bids on the roof repair project. VanKomen seconded and the motion carried. VIII. EXECUTIVE SESSION: County Prosecutor Schoenhut arrived and the Mayor requested that the Council conduct an Executive Session pursuant to IC 67-2345, subsection (f). VanKomen moved to go to Executive Session pursuant to the above reference. Larson seconded and on a roll call vote, VanKomen and Larson voted Aye, Wallace and LeBrett voted Nay. The motion failed. The Prosecutor then discussed in general terms the issues to be discussed which involved a felony charge in which the City may be the victim. Attorney Killen asked whether the filing of such charges was not the sole prerogative of the County Prosecutor and that was answered affirmatively. After further discussion, Wallace moved to reconsider the prior action. Larson seconded and on a roll call vote, Wallace, Larson, VanKomen and LeBrett voted Aye. Larson then moved to go to Executive Session pursuant to IC 67-2345, subsections (d) and (f). On a roll call vote, Larson, VanKomen, LeBrett and Wallace voted Aye and the motion carried. Mr. Stewart of the Advocate protested the Council's conduct of the Executive session noting that he believed that no basis existed in law for the session. The Executive Session commenced at 7:20 p.m. The Council returned to open session at 8:30 p.m. Mayor Smith announced that the Council had discussed a legal matter with the County Prosecutor and had discussed records exempt from public scrutiny and no action had been taken. IX. PUBLIC HEARINGS; A. AMENDMENT OF FY 1992-1993 BUDGET, ORDINANCE 639: Ordinance 639 was considered which amends the annual appropriations Ordinance for the current year. The staff reviewed the mid year budget report, and the Ordinance. The Mayor opened the hearing to public comment. No one appeared to be heard. The golf course problems were discussed when the matter was brought back to the Council table after the comment period was closed. Wallace then moved to suspend the rule requiring that an Ordinance be read on three separate occasions. VanKomen seconded and on a roll call vote, Wallace, VanKomen, LeBrett and Larson voted Aye. The motion carried and the rule was suspended. The City Attorney read Ordinance 639 by title. Larson then moved to adopt Ordinance 639 amending the current year appropriation Ordinance. VanKomen seconded and on a roll call vote, Larson, VanKomen, Wallace and LeBrett voted Aye. The Mayor declared the motion carried and the Ordinance adopted. B. LOCAL IMPROVEMENT DISTRICT NO. 3, SPRING MOUNTAIN RANCH, HEARING ON THE PRELIMINARY ASSESSMENT ROLL, ORDINANCE 636: The staff reviewed the purpose for the hearing and the Bond Counsel for LID No. 3, Mike Moore detailed the provisions of Ordinance 636. The hearing was opened to the public. Bill Killen appeared and supported the formation of the LID. Peter O'Neil and Ed Miller, representing the owners of the project also appeared and urged adoption of the ordinance. The hearing was then closed. The Engineer's report was reviewed and Ordinance 636 considered further. Wallace then moved to suspend the rule requiring that an ordinance be read on three separate occasions. Larson seconded and on a roll call vote, Wallace, Larson, VanKomen and LeBrett voted Aye. The Mayor declared the motion carried and the rule suspended. Wallace then moved to adopt Ordinance 636, confirming the assessment roll for LID No. 3, as amended (line 15 in section V was altered at the request of Attorney Miller with the approval of Attorney Moore.) Larson seconded the motion. The City Attorney read the Ordinance by title. On a roll call vote, Wallace, Larson, LeBrett and VanKomen voted Aye. The Mayor declared the motion carried and the Ordinance adopted. Mr. Moore then detailed further steps to concluding the bond sale, including publication of the Ordinance, mailing of the assessment notice, recording the notice, and then approval by the underwriter for the sale of the bonds. There was discussion about the arbitrage provisions of the Federal Tax Code. The owners requested that the entire issue be sold as a single offering. VI. OLD BUSINESS, CONTINUED B. GOLF PRO CONTRACT: The Mayor presented a contract document which anticipated a $5 per person assessment for each tournament, payment of trail fees for the rental cart fleet owned by the golf pro, and other changes. Mr. Killen and Mr. Hoss discussed these provisions. Councilman VanKomen expressed concern about the financial condition of the Golf fund for the current year. After lengthy discussion, Wallace moved to delete the trail fee for 1993. There was no second and the motion died. VanKomen moved to add a $1 per trip trail fee to the rental fleet for 1993. There was no second and the motion died. There was then a motion by Wallace to leave the contract as is (with amendments made and agreed to in the discussion) and that there would be no fee increases until 1994. LeBrett seconded and on a voice vote, there were two Ayes, one Nay and one abstention. The Mayor declared the motion carried. The Council recessed at 10:25 for 10 minutes. On return from the recess, VanKomen moved that Lifetime members be limited to one advance tee time for a foursome in which they are playing. Larson seconded and the motion carried. The Council asked that the policy regarding free golf play be reviewed for employees and contractors employees. After discussion, the Council determined to meet at 12 noon on Monday July 19 to permit staff to deal with the current year budget problems in the Golf fund. It was so ordered. X. BOARD, COMMITTEE AND COMMISSION MINUTES REQUIRING ACTION: A. AIRPORT ADVISORY COMMITTEE, JULY 7, 1993: 1. 1994 AIP PROJECT PLAN: The Committee recommended adoption of the 1994 amended project scope and instructed staff to submit an amended pre -application. VanKomen moved to approve the project and direct staff as recommended. LeBrett seconded and the motion carried. 2. AMENDED CAPITAL IMPROVEMENT PROGRAM: The Committee recommended an amended and updated CIP. Wallace moved and VanKomen seconded to approve the amended CIP. The motion carried. 3. FEDERAL SURPLUS PROPERTY: The Committee recommended that the city request through the Federal Surplus property program a snowblower, AARF equipment, blast fencing, and a temporary tower facility. VanKomen moved to approve the recommendation. Wallace seconded and the motion carried. 4. AIRCRAFT COUNTERS: Acoustical counters will be made available from the Idaho Bureau of Aeronautics and the Committee recommended their installation. Wallace moved to request the use of the equipment. VanKomen seconded and the motion carried. B. IMPACT PLANNING AND ZONING COMMISSION, JUNE 22, 1993: While listed on the agenda, the minutes were not distributed. Mr. Russell asked that the Council consider the final plat of Ping Creek Subdivision. The Council took up the matter and Wallace moved to approve the Ping Creek Subdivision and authorize the Mayor to sign. Larson seconded and the motion carried. XI. STAFF REPORTS: A. POLICE AND FIRE DEPARTMENT REPORTS: Due to Mr. Henderson's illness, these reports will be rescheduled. B. CITY ADMINISTRATOR'S REPORT: A written report on the status of various projects including the Comprehensive Plan, the commencement of construction on Golf Cart storage facilities, and other matters were noted. The Administrator asked that the Council appoint an election board for the August 31 election and the list of six persons that was submitted was approved as follows: Julie Eddins, Judge; Faye Kerr, Emmie Whitman, Sharon Wolf, Margaret Fogg, and Kathy Rife, Clerks. Larson moved to approve the appointment of an election board. VanKomen seconded and the motion carried. C. CITY TREASURER'S REPORT: The Treasurer's report included approval of the 9 month year to date report and the monthly report for the month ending June 30, 1993. Wallace moved to approve the report for publication. VanKomen seconded and the motion carried. D. CITY ATTORNEY'S REPORT: The Attorney advised on the status of various legal matters. XII. PUBLIC COMMENTS: No one appeared to be heard. XIII. MAYOR AND COUNCIL COMMENTS AND REPORTS: Mayor Smith proposed that another engineering firm be engaged to provide a second opinion on the water system design. After discussion, noting that the range of expense would exceed the bid law requirements, Larson moved to request proposals for engineering services. VanKomen seconded and the motion carried unanimously. Councilman LeBrett asked about sidewalk requirements for projects along Highway 55 and suggested that major projects such as the Best Western project be requested to install portable toilet facilities. XIV. CORRESPONDENCE AND INFORMATION: The following items were listed: Action update as of June 29; a memo from Falcon Cable Co. regarding the delay of new FCC regulations regarding Cable TV; a letter from IDT regarding traffic counts on Highway 55; a notice of proposed rule changes in the Payette National Forest; and a letter from the Administrator regarding the Spring Mountain Ranch LID project. XV. ADJOURNMENT; At 11:20 p.m., Wallace moved to adjourn. VanKomen seconded and the motion carried. Clerk