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HomeMy Public PortalAboutCouncil Minutes 1994 10/13MINUTES McCall City Council Thursday, October 13, 1994 I. Call to Order and Roll Call. The meeting was called to order by Mayor Martens at 7:05 PM, October 13, 1994. Mrs. Arp and Messrs. Colton, Martens, Killen and Eckhardt answered the roll call. The Mayor declared that a quorum was present. City staff present included City Manager Gary Shimun, City Attorney Edward Burton, City Clerk/Treasurer James Henderson, Public Works Director William Keating, Police Chief Edward Parker, Partrol Sergeant Mike Allen and Librarian Gloria Cantrell. H. Minutes of September 22, 1994. After discussion, Mr. Colton moved to approve the minutes of the September 22, 1994 meeting. Mrs. Arp seconded and the motion carried. III. Payment of Claims. A. Payroll Report, September 26, 1994. Mrs. Arp moved to approve the payroll of September 26, 1994. Mr. Eckhardt seconded and the motion carried. B. Voucher Report, October 8, 1994. Mr. Martens moved to approve the voucher report of October 8, 1994. Mr. Killen seconded and the motion carried. C. Payroll Report October 11, 1994. Mr. Eckhardt moved to approve the payroll of October 11, 1994. Mr. Killen seconded and the motion carried. IV. Certificate of Achievement. Mayor Martens presented a Certificate of Achievement and service pin to Gloria Cantrell in recognition of her fifteen years of service to the McCall Public Library. V. Public Comment. A. Irwin Mulnick of McCall Volunteer Skating Rink requested support in reestablishing the skating rink on the city owned boat trailer parking area near Mill Road. Following discussion, the council, by consensus agreed to support the construction of the skating rink. B. Dave Hanson requested that discussion of the Rio Vista LID be moved forward. The Mayor so directed. Mr. Henderson read a staff report pointing out that a significant portion of the Memo Circle owners had signed a petition to install sewer and water service, most of the remainder of the owners of property in the proposed LID had not. After discussion, Mr. Killen moved to instruct staff to draft a resolution of intent and return to the council for setting a hearing and to further schedule a meeting on a broader scale for the remaining improvements needed in the Rio Vista area. Mr. Colton seconded and the motion carried. C. Rick Fereday requested the status of the Local Option Tax. After discussion, the council by consensus agreed to hold a special meeting on November 3, 1994 at 7:00 PM to discuss the Local Option Tax. VI. Public Hearing - Amendment of the Fiscal Year 1994-95 Budget. At 8:00 PM the Mayor declared that the hearing on the proposed amendment to the Fiscal year 1994-95 Budget was open. Mr. Henderson gave a staff report. After discussion Mr. Killen moved to suspend the rules by allowing a single reading in lieu of the required three readings and allowing reading by title in lieu of reading in full. Mr. Martens seconded. At a roll call vote, Mrs. Arp and Messrs. Killen, Martens, Eckhardt and Colton voted "aye." The Clerk read proposed Ordinance 675 by title. Mr. Martens moved to adopt Ordinance 675. Mr. Killen seconded. At a roll call vote, Messrs. Martens, Killen, Colton and Eckhardt and Mrs. Arp voted "aye." 2 VIL Public Comment (Continued) A. Police Chief Ed Parker requested that the Report of Bid Openings on the new patrol units be taken up at that time. The Mayor so ordered. Mr. Henderson gave a report to the effect that two bids were timely received and had the correct bid bonds. Happy Day Ford bid $39,100 for two units as specified with a third unit for $19,500. Meridian Ford bid $39,199.42 for two units as specified with a third unit at $19,599. Happy Day Ford was the apparent low bidder. Chief Parker reported that the bid was responsive in that the proposed units met all of the specifications. After discussion, Mr. Colton moved to accept the bid of Happy Day Ford and to purchase three vehicles contingent on the availability of Lease -Purchase financing and authorizing the Mayor to sign the contract documents. Mr. Killen seconded. At a roll call vote Messrs. Colton, Killen, Eckhart and Martens and Mrs. Arp voted "aye." B. Ralph Neal requested that the Jasper LID be brought forward on the agenda. The Mayor so ordered. Mr. Henderson reported the tally of owners, local owners and petitioners. He further pointed out the problem with paving Boydstun Street due to the right-of-way needed. After discussion, Mr. Eckhardt moved to direct staff to obtain engineer's estimates and assessment rolls including the intersection of Boydstun Street and Warren Wagon Road as well as estimates of City costs and LID Costs. Mrs. Arp seconded and the motion carried. VIII. Mayor and Council Comments and Reports. A. Mr. Eckhardt. Discussed new role, boundary and scope of mission of the Urban Redevelopment Agency. After discussion Mr. Eckhardt moved to direct staff to prepare an ordinance appointing the City Council as the Urban Redevelopment Board and to notify the board members. Mr. Killen seconded and the motion carried. B. Mr. Killen. Reported a meeting with Ken Tyrer of Woodlands regarding the paving of Samson Trail and maintenance of the booster pump. Staff to review written agreements to determine the city's obligation. C. Mr. Martens. Requested information on the drainage problem at Dienhard and Highway 55. Mr. Shimun reported that the White -Leasure organization would be installing culverts within two weeks. XL Staff Reports. A. City Manager. The council noted a written report. Reported the status of the $1,000,000 ITD grant for the Deinhard-Boydstun Connector. Grant is available but care must be taken on how it is used or the provisions of the Davis -Bacon Act may apply. Met with Chamber of Commerce where the relationship between the city and the chamber and the need to work together were discussed. Met with Larry Leasure re: the old Shaver's building. There have been some offers but nothing firm yet. Discussed further development at the Market Place at McCall. Met with Joe Scott's representative, Jim Crawford and discussed the East Bypass. A proposal from the Spring Mountain Ranch organization was forthcoming and Mr. Crawford suggested waiting for that before taking aggressive action to acquire the right-of-way. Met with Ray Patel and Ken Thiel. Agreed to accept the lump sum of $25,000 to relieve Mr. Patel of any further obligation for his current motel project. Met with Joint Powers Board to evaluate alternatives to effluent discharge in the Payette River. B. City Attorney. Reported that statutes were contradictory with respect to the city's authority to post speed limits on a state highway. After discussion the council by consensus directed staff to write a letter to Idaho Department of Transportation stating the city's intention to post signs reducing the speed limit on Highway 55. 3 Presented a proposed Agreement on Conditions of Approval of Record of Survey. After discussion, Mr. Killen moved to approve the agreement and authorize the Mayor to sign. Mr. Eckhardt seconded and the motion carried. Reported a small claims case, Taber vs. Martens in which the city is deemed to be the proper defendant. Mr. Killen moved to appoint Mr. Burton to represent the City in the case. Mrs. Arp seconded and the motion carried with Mr. Martens abstaining. Reported the Ordinance 670 concerning changes to the zoning code was ready for public hearings before the Joint Planning and Zoning Commissions. Reported that in the Zoning case Doyle vs. City of McCall Judge Carey had ruled in favor of the City. C. City Clerk/Treasurer. Reported that the final property tax certifications had been received and that property values had increase by another $15 million since the budget was approved. This means that the tax rate is approximately $0.62 per $100 value instead of the projected $0.66 per $100. D. Public Works Director. The council noted a written report. X. Board, Committee and Commission Minutes Requiring Action. A. Library Board, September 22, 1994. At the recommendation of the Library Board, Mr. Shimun nominated Clyde Archer and Susie Reddick to the Library Board. Mr. Martens moved to affirm the nominations. Mr. Colton seconded and the motion carried. B. Parks and Recreation Advisory Committee, September 19, 1994. After discussion, Mr. Killen moved to approve the recommendation of the committee to authorize M-Resorts to reroof, landscape and paint the Mill Park restrooms. Mr. Eckhardt seconded and the motion carried. C. Area of City Impact Planning and Zoning Commission, September 27, 1994. The council considered the request of Paul and Lyola Dudley for a variance of setback requirements to allow for the reconstruction of a home on a nonconforming lot. After discussion, Mr. Killen moved to adopt the commission's findings and conclusions as those of the council and to approve the variance. Mr. Colton seconded and the motion carried. D. Golf Advisory Committee, September 14, 1994. The council noted these minutes and that no action by the council was required. The council recessed at 9:50 PM. The council reconvened at 10:00 PM. XL Old Business. A. Toothman-Orton Engineering Agreement for Professional Services. After discussion, Mr. Eckhardt moved to approve agreements for projects 94058, 94020, 94066 and 94067 and authorize the City Manager to sign. Mr. Killen seconded. At a roll call vote Messrs. Eckhardt, Killen, Martens and Colton and Mrs. Arp voted "aye." B. The council then discussed the possibility of an in-house engineer. The council by consensus directed staff to include this with long range planning and to report on October 27, 1994 with input, recommendations and time -table for long range planning. 4 C. The council then discussed the condition of Ruby Street, noting that it had been damaged by heavy equipment. By consensus, the council directed staff to ensure that as a minimum the street be restored to its original conditions and to explore the possibility of contributing to upgrading the street. D. Subdivision Agreement - King's Pines Estates. After discussion, Mr. Killen moved to approve the agreement with corrections to section 4.06 regarding ownership of improvements and authorizing the Mayor to sign. Mr. Eckhardt seconded and the motion carried. E. Ordinance 671 pertaining to Dog Control (Third Reading). After discussion Mr. Martens moved to suspend the rule requiring reading in full permitting reading by title in lieu thereof. Mr. Eckhardt seconded. At a roll call vote Messrs. Martens, Killen, Colton and Eckhardt and Mrs. Arp voted "aye." Mr. Burton read the ordinance by title. Mr. Martens moved to adopt Ordinance 671 with section 5-7-270 amended to permit the Police Department to impound dogs for their own protection when owners fail to provide care. Mr. Colton seconded. At a roll call vote Messrs. Martens, Colton, Killen and Eckhardt and Mrs. Arp voted "aye." Mr. Killen moved to adopt Resolution No. 29-94 approving a summary of Ordinance 671 and authorizing the publication of a summary. Mr. Martens seconded and the motion carried. After discussion, Mr. Killen moved to adopt Resolution No. 30-94 as amended setting the fees for dog licenses, impound fees and kennel fees. Mr. Colton seconded and the motion carried. The council then by consensus agreed the dog owners could purchase their 1995 licenses in December 1994 at the old rate. F. Special Meeting with Spring Mountain Ranch. The council noted that a special meeting would be called at 7:00 PM October 20, 1994 to discuss the agreements with SMR. G. Special Meeting with McCall Donnelly School Board and Valley County . The council noted that this special meeting had been called for 1:30 PM on October 14, 1994. H. Award of Bid - Lift Station #7 Generator Replacement. The council noted a written report from Toothi an -Orton Engineering stating that the lowest responsive bid was from Mountain Power Electrical at $48,888.00. After discussion, Mr. Killen moved to accept the bid of Mountain Power Electrical in the amount of $48,888.00 and authorize the City Manager to sign the Notice of Award. Mr. Eckhardt seconded and the motion carried. Mr. Killen them moved to authorize the Mayor to sign the contract documents when presented. Mr. Eckhardt seconded. At a roll call vote Messrs. Killen, Colton, Martens and Eckhardt and Mrs. Arp voted "aye." I. Award of Bid - Backhoe. Mr. Henderson reported that bids had been received from Western States Equipment, Idaho Tractor, Inc., and CESCO and that the apparent lowest bidder was Western States Equipment at $61,669.00. Mr. Keating reported that the Western States bid conformed to the specification except for the rear tire chains and that the Idaho Tractor bid did not have the required Balderson-compatible couplings. After discussion, Mr. Killen moved to waive the absence of rear tire chains as a minor irregularity, to declare the Idaho Tractor bid as non -responsive and to award the bid to Western States Equipment Co. and authorize the Mayor to sign contract documents when available. Mr. Colton seconded. At a roll call vote, Messrs. Killen, Colton, Martens and Eckhardt and Mrs. Arp voted "aye." XIL New Business. A. Notice of Claim, Greenbriar Condos. The council by consensus acknowledged receipt of a claim for damages from Greenbriar Condominiums. B. Letter from McCall Donnelly School District. The council considered the request of McCall - Donnelly School District to waive permit fees in excess of actual costs for the new middle school. After discussion, the council by consensus determined that the City Code did not permit the waiver of the fees but agreed to commit the fees' to the south loop water project. 5 C. McCall Area Chamber of Commerce Membership. Mr. Shimun proposed that the City become a member of the McCall Area Chamber of Commerce. After discussion, the council elected to leave the matter to the discretion of the City Manager. D. Petition re: Reader Board Signs. The council noted a petition from business operators regarding signs. Mr. Burton reported that the matter had been heard by the City Planning and Zoning Commission. After discussion, the council by consensus remanded the matter to the City Planning and Zoning Commission for a formal reply to the petitioners. E. Resolution 28-94 - COLA Adjustments. Resolution 28-94 enacting a 2.6% Cost -of -Living Adjustment (COLA) effective October 1, 1994 was presented. After discussion Mr. Colton moved to adopt Resolution No. 28-94. Killen seconded and the motion carried. F. Notice of Claim -Greg Dittmer. The council noted a claim from Greg Dittmer for $5.29 for money damages incurred when a utility payment was removed from the "drop box" and he stopped payment on the check. The council by consensus denied the claim. XIII. Correspondence. The council noted the following correspondence: A. Letter from ICRMP, re: Personal Injury While Watching a Baseball Game B. Letter to Mrs. Elois Chisulm from Ted Burton, City Attorney C. Letter to Malcolm Scott from Ted Burton, City Attorney D. Letter to Dwight M. Bower from Ted Burton, City Attorney E. Letter to Roland Hamell from Ted Burton, City Attorney XIV. Information Items. The council acknowledged receipt of the following information items. A. Addendum No. 1, Project Title: Sewage Lift Station #7 B. Letter to Gary Shimun, RE: Bill Housdorf C. McCall Effluent Disposal D. City Report -Safe Drinking Water Act E. Decision on Appeal: Doyle vs. City of McCall F. Letter from M. Jerome Mapp to Ida -Ore Cities and Counties G. Action Update as of September 23, 1994 XV. Adjournment. Without further business, Mr. Colton moved to adjourn. Mr. Martens seconded and the motion carried. The council adjourned at 12:14 AM, October 14, 1994. ArIEST: i j,, 14L V Mayor