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HomeMy Public PortalAboutCouncil Minutes 1994 08/25Minutes McCall City Council August 25, 1994 I. Call to Order and Roll Can. The meeting was called to order by Mayor Martens at 7:00 PM. Eckhardt, Killen, Martens, and Colton answered the roll call. Arp was absent. The Mayor declared that a quorum was present. II. Minutes. A. The minutes of the regular meeting on August 11, 1994 were presented. Colton moved to approve them as presented. Killen seconded and the motion carried. B. The minutes of the special meeting on August 15, 1994 were presented. Killen moved to approve them as presented Colton seconded and the motion carried. C. The minutes of the special meeting on August 19, 1994 were presented. Colton moved to approve them as presented. Martens seconded and the motion carried III. Payment of Claims. A. A payroll report dated August 15, 1994 was presented. Eckhardt moved to approve the payroll. Killen seconded and the motion carried. B. A list of claims dated August 22, 1994 was presented. Colton moved to approve the claims. Killen seconded. After discussion, the motion carried by voice vote. IV. Bond Purchase Agreement. Bob Hildeman, Vice -President for Public Finance, West One Bank presented an offer from Seattle -Northwest to purchase the City $5,000,000 Water Revenue Bonds, Series 1994 at a net interest cost of 6.21%. Mike Moore, Moore & McFadden, Chartered presented Ordinance 669 authorizing the sale of the bonds to Seattle -Northwest as offered. After discussion, Killen moved to suspend the rules requiring a full reading of the ordinance and requiring reading at three meetings. Echkardt seconded. At a roll call vote, Killen, Eckhardt, Martens and Colton voted aye. Attorney Burton then read the ordinance by title. Killen moved to adopt Ordinance 669 and Colton seconded. At a roll call vote Killen, Colton, Eckhardt and Martens voted aye. The council recessed at 7:20 PM. The council reconvened at 7:30 PM. V. Public Comment. A. Lynn Lewinski requested a change in the City's Lease Law Ordinance. She reported that a dog in her neighborhood had been threatening people. Attorney Burton reported that the owner of the dog in question had been cited and the case was pending in criminal court and that the City Ordinances made no provision to act unless there was an actual injury. After discussion, the City Attorney was instructed to research state statutes and to prepare an amending ordinance for consideration at the Council's September 8, 1994 meeting. B. Gayle Wilde presented a lease agreement between the City and the Museum and Interpretive Center for the old SITPA site. After discussion Colton moved to approve the lease. Eckhardt seconded and the motion carried with Killen abstaining. C. Steve Milleman, representing Paul Osborne and John Larson requested a review of the procedure for calculating sewer capital fees. After discussion this item was moved to New Business on the agenda. D. Jack Wright of Council questioned the $100 per day Hawker's License fees. After discussion, the Council suggested that Mr. Wright contact the Chamber of Commerce which had lobbied for the current ordinance. VI. Mayor and Council Comments and Report. A. Mr. Colton noted a letter regarding the water line at Aspen Village. Staff reported that they were unaware of any problem with carrying out the agreement for that water line. Attorney Burton was instructed to investigate and report back. B. Mr. Killen asked about the Nokes water line easement option. Attorney Burton reported that it was merely awaiting Dr. Nokes' signature. Mr. Killen then asked about the progress on compliance with the ordinance requiring dumpster screening. Staff reported that most but not all dumpsters had been screened as required and that monitoring was on -going. C. Mr. Eckhardt asked about compliance with the parking plan for the Subway building. Staff reported that Malcolm Scott, the owner of the building had been contacted and was aware of the requirement and would comply. Staff was directed to follow this closely to assure prompt compliance. VII. Staff Reports. A. City Manager. Mr. Shimun reported that petroleum products had been found during the excavation at Mill Park. Manchester Resorts, who also found petroleum products on their property adjoining had received a proposal for cleanup for approximately $7,000. Mr. Shimun asked that the City participate in the same contract. Mr. Shimun was instructed to notify the previous owners, Boise Cascade and Brown Industries. After discussion Killen moved to participate in the clean up contract to be funded from the Council's contingency fund. Martens seconded and the motion carried. B. City Attorney. Attorney Burton had nothing to report. C. City Clerk/Treasurer. Mr, Henderson requested that following the budget work sessions at the previous meetings, the Council adopt by motion a tentative budget. Killen moved to adopt the tentative budget of $13,866,965. Eckhardt seconded and the motion carried. VIII Board, Committee and Commission Minutes Requiring Action. A. Area of City Impact Planning and Zoning Commission minutes of August 9, 1994. The final plats for Kings Pine II and Whitebark Estates were considered. Mr. Shimun presented a report. After discussion, Eckhardt moved to table action on these plats until subdivision agreements were available. B. City Planning and Zoning Commission minutes of August 16, 1994. Valley County Juvenile Detention/County Offices and Court Facility Conditional Use Permit Attorney Burton presented a report. After discussion, Martens moved to adopted the Findings and Conclusions of the City Planning and Zoning Commission as those of the City Council and to approve the Conditional Use Permit. Eckhardt seconded and the motion carried. IX. Old Business. A. Waste Water Plan - J.U.B. Engineers, George Wagner, Kirby Vickers and other reported on the progress of the facility plan. The Council had previously adopted a plan for high - rate land application which had been rejected by the Department of Environmental Quality. Proposals included the "J-Ditch" proposal and the "Mud Creek" proposal both of which involve the use of waste water for irrigation. Since the plan had evolved to a watershed management plan additional grant funds should be available to help fund either of these proposals. After discussion Eckhardt moved to continue the study contingent on the availability of funds from the exiting facility planning grant and other sources. Killen seconded and the motion carried. At 9:40 PM the Council recessed. At 9:50 PM the Council reconvened. B. Estimate for Mill Alley Sewerline - Toothman Orton Engineering. A work order to design the "Concept One" sewer line was considered After discussion, Killen moved to approve the work order amended to reflect the same indemnification cap of $50,000 for the City as for the Engineers. Eckhardt seconded and the motion carried. The Council considered a Memorandum of Agreement with Andre Fernand and Patrick Phillips to construct the sewer line and share costs. Colton moved to approve the agreement. Killen seconded and the motion carried. C. Generator Set for Sewer Station 7A. Mr. Shimun recommended that the Council invoke its authority to declare and emergency and replace the backup generator set without going through the competitive bid process. An estimate had been received for $42,000. After discussion, Killen moved to declare an emergency since the condition of the existing equipment was still marginal and that the threat of future sewer spills due to equipment failure constituted a hazard to public health. Colton seconded and the motion carried. D. Stokes Easement. A Grant Deed Granting Easement allowing the installation of water lines across Mr. Stokes' property was considered. After discussion, Killen moved to accept the easement. Eckhardt seconded and the motion carried. X. New Business. A. Spring Mountain Ranch - Disbursement Request. A letter from Spring Mountain Ranch requesting disbursement of $2.6 million of the LID #3 bond proceeds. City Clerk/Treasurer Henderson presented a report. After discussion, Killen moved to approve the disbursement. Eckhardt seconded and the motion carried. B. Resolutions 23-94 and 24-94. Resolution 23-94 authorizing the Mayor's facsimile signature on checks drawn on the City's General Account and Resolution 24-94 authorizing the Mayor's facsimile signature on the City's Payroll Account were presented. After discussion, Killen moved to adopt Resolutions 23-94 and 24-94. Eckhardt seconded and the motion carried. C. Sewer Capital for South Coast Lumber Hangar. A worksheet with the calculations for the sewer capital charges for the proposed Hangar was presented. After discussion Killen moved to approved the fee. Martens seconded and the motion carried. D. Notice of Claim - Heidi Jo Herrick Wilde. The Council acknowledge receipt of the Claim which had been furnished to the City Attorney and the City's Liability Insurance carrier. D. North Lake Sewer District. Bob Jones, Chairman of the District Board made a presentation, introducing himself and other members of the board. E. "Change of Use Sewer Capital Charges . Steve Milleman, representing John Larson and Paul Osborne, requested that the method of calculating sewer capital charges where an existing business is sold and moved to another location be changed Killen declared that he had done some legal work for Paul Osborne and asked if any member of the Council or any of the principals, had any objects to his participating in the discussion and decision. There were no objections. After discussion, Attorney Burton was directed to prepare an amended ordinance whereby whenever a use changes, the capitalization charge will be determined by the degree of additional loading of the sewer system and providing for monitoring to insure that the additional loading is as predicted, as well as to impose a time limit on existing connection rights that have been. XI. Consent Calendar. There were no items on the consent calendar. XIL Correspondence. There was no correspondence presented. MIL Information Items. A. The Council noted a letter from the City Attorney to Roland L. Hamell B. The Council noted a report from the State Insurance Fund regarding Worker's Compensation Claims. C. The Council noted a letter from the Association of Idaho Cities regarding a proposed franchise agreement with Idaho Power. XIV. Adjournment. Without further business, Martens moved to adjourn. Eckhardt seconded and the motion carried. The Council adjourned at 11:15 PM. A 1'11:ST: WL-1-„, Mayor