HomeMy Public PortalAboutCouncil Minutes 1994 09/08Minutes
McCall City Council
September 8, 1994
I. Call to Order and Roll Call. Mayor Dean Martens called the meeting to order at 7:00 PM,
September 8, 1994. Mrs. Arp, Mr. Colton, Mr. Martens, Mr. Killen and Mr. Eckhardt answered
the roll call. The Mayor declared that a quorum was present.
II. Minutes.
A. Mr. Colton moved to approve the minutes of August 22, 1994. Mr. Martens seconded
and the motion carried.
B. Mr. Colton moved to approve the minutes of the recessed meeting of August 24, 1994.
Mr. Eckhardt seconded and the motion carried.
C. Mr. Killen requested that the minutes of August 25, 1994 be amended to correct the
instructions to staff regarding sewer capitalization charges. After further discussion, Mr.
Martens Moved to approve the minutes as corrected. Mr. Colton seconded and the motion
carried.
III. Payment of Claims.
A. A Payroll report dated August 25, 1994 was presented. Mr. Eckhardt moved to approve
the payroll. Mrs. Arp seconded and the motion carried.
B. A Payroll report dated August 29, 1994 was presented. Mr. Colton moved to approve
the payroll. Mr. Killen seconded and the motion carried.
C. A list of claims dated September 2, 1994 was presented. After discussion, Mr. Martens
moved to approve the claims. Mr. Colton seconded and the motion carried.
IV. Public Comment. No one wished to be heard.
V. Mayor and Council Comments and Reports.
A. Mr. Eckhardt. (1) Requested status of parking compliance at the Subway building. Mr.
Burton stated that the owner had been contacted and intended to comply. Mr. Eckhardt
requested a commitment with a firm date of completion be obtained.
(2) Requested status of open storage area off Highway 55. Mr. Shimun reported
that the owner had been notified and given two weeks to comply.
B. Mr. Killen. (1) Status of Nokes Option. Mr. Burton reported that Dr. Nokes had been
contacted to sign the agreement but was out of town.
(2) Aspen Village Water Line. Mr. Burton had sought specifics as to why the
association believe that the developer was not in compliance with the agreement. He noted that
materials had been delivered and the project seemed to be in order. Mr. Shimun was directed to
write to the association's attorney to clarify the request.
(3) Idaho Power Franchise Agreement. Mr. Shimun reported that the Association
of Idaho Cities had completed their model ordinance which would be available shortly.
(4) Dumpster Screening. Mr. Killen noted progress but there were still a lot of
unscreened dumpsters.
C. Mr. Colton. (1) Noted that an area just outside City limits was being used for
junk storage. Mr. Burton was directed to contact the County Prosecutor's office.
(2) Noted that the school district had an unscreened dumpster.
D. Mr. Martens. (1) Noted standing water at the corner of Highway 55 and
Deinhard. Mr. Shimun reported that the owners of the Marketplace at McCall was working out a
drainage plan which would be implemented when completed.
(2) Requested status of clean up of area behind Chicken Roost. Noted that owner
had been contacted. Mr. Shimun reported no progress and was awaiting a response from the
owner.
VL Staff Reports.
A. City Manager. (2) Mr. Shimun provided a written report. He further noted that the
acquisition of the Rand Walker property was not as firm as previously believed and
recommended that the City exercise eminent domain to obtain the necessary right-of-way for the
Deinhard-Boydstun Connector.
(2) Mr. Shimun further reported that he had further discussions with FmHA regarding the
purchase of the second phase of the Water Bonds and other funding for water projects such as the
south loop. He also pointed out that several parties had discussed the use of the Woodlands
booster station but the none had contacted the Woodlands developer.
B. City Attorney. Mr. Burton stated that his items of concern would be dealt with
elsewhere on the agenda.
C. City Clerk/Treasurer. (1) Mr. Henderson noted that the Water Revenue Bonds series
1994 were due for sale on September 9, 1994 and that steps were on schedule.
(2) Mr. Henderson requested guidance concerning engineers plans and specifications and
bid documents for construction projects. The Council by consensus requested that copies of the
call for bids be provided.
(3) Mr. Henderson then noted that due to differing eligibility criteria, they may be some
problems placing a resort Cities Local Option Tax on the November ballot. He was to investigate
further and report back.
D. Public Works Director. The Council noted a written report.
VII. Board, Committee and Commission Minutes Requiring Action.
Parks and Recreation Committee Minutes - August 8, 1994. (1) McCall Mall Parking in
Legacy Park. After discussion, the Council by consensus agreed with the Committees
recommendation to take action to curb the abusive use of the McCall Mall. Mr. Shimun was
directed to have the Police Department enforce the parking restrictions.
(2) Alcohol use in parks. After discussion, Mr. Killen moved to approve the conunittees
recommendation to investigate park systems that allow alcohol consumption to determine if a
revision of the City's open container ordinance would be in order. Mrs. Arp seconded and the
motion carried.
VIII. Public Hearing - Budget for Fiscal Year 1994-95.
The Mayor announced the time and place of the hearing. Mr. Henderson gave a report. Mr.
Shimun read a letter from Richard Platt who opposed the tax increase and a letter from Nancy
Greaves who supported the budget. The Mayor then opened the hearing to public comment. The
following were heard:
Clifford Lee who (1) Requested that McBride Street be paved instead of Spring Mountain Blvd.
(2) Requested that Thula Street be paved.
(3) Was concerned about the large tax increase.
Don Chapman who opposed the tax increase.
Scott Findley who recommended that the local option sales tax be revisited and that the Council
consider a "Bed and Booze" tax.
Bill Petzak to recommend that the "Bed and Booze" tax be reinstated.
John Parker who recommended that the Council look at alternatives to property taxes.
Boyd Miller who requested that the budget be provided in more detail and requested that the
council look at reinstating the "Bed and Booze."
Arta Smith who was opposed to the tax increase and was concerned about golf and winter
carnival expenditures.
Gene Gans who opposed the tax increase.
Dean Hovde who opposed the tax increase and supported the reinstatement of the "Bed and
Booze" Tax.
Jim Bacon who opposed the tax increase.
Rose Jeffrey who opposed the tax increase.
Since no one else wished to be heard the Mayor closed the hearing to public comment. Mr.
Henderson reported that a mathematical error was made in preparing the notice of hearing and
the proposed ordinance and that although the revenue figures were correct and all of the
subobject number were correct, the total general fund and total all funds was understated by
about $975,000 and since a given total had been noticed, the adopted budget could not be a
higher amount the ordinance should be adopted as written. A budget amendment could then be
adopted after proper notice and hearing.
After further discussion, Mr. Killen moved to adopt Resolution No. 27-94 stating the Council's
intention to increase property taxes. Mr. Martens seconded and the motion carried.
Mrs. Arp moved to suspend the rules requiring the reading of Ordinance 672 at three consecutive
meetings and requiring the reading of the Ordinance in full. Mr. Colton seconded. At a roll call
vote, Mrs. Arp, Mr. Colton, Mr. Martens, Mr. Eckhardt and Mr. Killen voted "aye." Mr. Burton
then read Ordinance 672 by title. After further discussion, Mrs. Arp moved to adopt Ordinance
672 amended to add a statement recognizing the mathematical error described earlier. Mr.
Colton seconded. At a roll call vote Mrs. Arp, Mr. Colton, Mr. Martens, Mr. Killen and Mr.
Eckhardt voted "aye."
Mr. Killen moved to approve the L-2 Certification to the Board of County Commissioners to levy
property taxes as amended. Mrs. Arp seconded and the motion carried.
IX. Old Business.
A. Nomination of Pat Allen to City P&Z Commission. Mr. Martens moved to convene as a
Comnuttee of the Whole Council. Mr. Killen seconded and the motion carried. Mr. Killen then
moved to instruct the Mayor to nominate Pat Allen to the City Planning and Zoning
Commission. Mr. Colton seconded and the motion carried. Mayor Martens then nominated Pat
Allen as a member of the City Planning and Zoning Commission. Mr. Killen moved to approve
the nomination. Mr. Colton seconded and the motion carried.
B. Resolution 25-94 pertaining to sewer rates. Mr. Killen moved to adopted Resolution 25-
94. Mrs. Arp seconded and the motion carried.
C. Resolution 26-94 pertaining to the spending authority of the City Manager. Mr.
Eckhardt moved to adopt Resolution 26-94. Mr. Martens seconded and the motion carried.
D. Standard for East Side Bypass. Mr. Burton made a report concerning certain
discrepancies concerning the proposed width of Spring Mountain Boulevard and other issues and
his on -going investigation.
X. New Business.
A. Request for Reimbursement - Mike Eckhart. A letter from Mr. Eckhart requesting
reimbursement for landscaping costs citing a 1984 agreement between the City and John Stringer
and Thomas Sweet granting a sewer line easement was presented. Since Mr. Eckhart was not a
party to the agreement, the Council took no action to authorize the reimbursement.
B. Request for Reimbursement - Spring Mountain Ranch - Well Drilling. A letter from
Peter O'Neill, Spring Mountain Ranch requesting reimbursement of $12,647.75 for drilling a
well to provide irrigation water for the golf course to be dedicated to the City in the near future.
The Council determined, by consensus that reimbursement was premature since there are several
other elements, including a maintenance agreement, that needed to be completed before the golf
course was accepted. Mr. Shimun was directed to respond to Mr. O'Neill accordingly.
C. Letter from Key Bank requesting a Mayoral proclamation for a Key Bank Neighborhood
Day. Mayor Martens instructed staff to prepare a proclamation as requested.
D. Ordinance 671 Repealing and Re-enacting Dog Control Ordinances and revising the
Civil Penalties for Infractions Under the McCall City Code, was discussed. The Council asked
that the proposed ordinance be forward to Mrs. Lynn Lewinski and the Humane Society for their
comments. After discussion, Mr. Eckhardt moved to suspend the rules requiring reading in full
and to read the ordinance by title. Mr. Killen seconded. At a roll call vote, Mr. Martens, Mr.
Killen, Mr. Colton and Mrs. Arp voted "aye." Attorney Burton read the ordinance by title. The
ordinance was moved to the September 22, 1994 agenda for second reading.
E. Ordinance 673 providing sewer capitalization charges for change, intensification,
cessation and combinations of use. After discussion, Mr. Martens moved to suspend the rules
requiring reading in full and requiring reading at three separate meetings. Mr. Killen seconded.
At a roll call vote, Mr. Martens, Mr. Killen, Mr. Eckhardt, Mr. Colton and Mrs. Arp voted "aye."
Attorney Burton read the ordinance by title. Mr. Killen moved to adopt Ordinance 673. Mr.
Eckhardt seconded. At a roll call vote Mr. Killen, Mr. Eckhardt, Mr. Martens, Mr. Colton and
Mrs. Arp voted "aye." After further discussion, Mr. Killen moved to reconsider the ordinance.
Mrs. Arp seconded and the motion carried. Mr. Eckhardt then moved to adopt the ordinance
amended to provide for monitoring by the City Manager. Mr. Killen seconded. At a roll call
vote, Mr. Eckhardt, Mr. Killen, Mr. Martens, Mrs. Arp and Mr. Colton voted "aye."
XI. Consent Calendar. Catering permit for Lardo's Grill and Saloon, Inc. Mr. Colton moved to
approve the consent calendar. Mrs. Arp seconded and the motion carried.
XII. Correspondence.
A. The Council noted a letter from the City Attorney regarding the temporary use of the
former SITPA Site.
B. The Council noted a letter from Kitchen Works regarding sign ordinances and the
response by the City Attorney.
C. The Council noted a letter from Mickey Lantz thanking Code Enforcement Officer Ken
Francis.
XIII. Information Items.
A. The Council noted the Action Update as of September 2, 1994.
B. The Council noted a letter from Spring Mountain Ranch regarding the Official Turnover
of the Golf Course. The Council, by consensus, cited concern over the terminology of "official
turnover" since there had not been a formal acceptance and that additional elements were yet to
be performed by Spring Mountain Ranch. Mr. Shimun was instructed to convey those concerns
to Mr. O'Neill.
C. The Council noted the Association of Idaho Cities' City Report No 94-10, dated August
18, 1994.
X.N. Adjournment. Without further business, the Mr. Colton moved to adjourn. Mrs. Arp seconded
and the motion carried. The Council adjourned at 11:30 PM.
A ITbST:
Mayor