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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