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HomeMy Public PortalAboutCouncil Minutes 1994 12/22MINUTES McCall City Council Regular Meeting Thursday, December 22, 1994 Call to Order and Roll Call 1. Call to Order. The meeting was called to order by the mayor at 7:00 PM, December 22, 1994. 2. Roll Call. Messrs. Eckhardt, Killen, Martens, Colton and Mrs. Arp answered the roll call. The mayor declared that a quorum was present. Staff members present included City Manager Gary Shimun, City Attorney Ted Burton, City Clerk/Treasurer Jim Henderson, Police Chief Ed Parker and Fire Chief Dale Points. Minutes of Previous Meetings 3. Minutes of December 5, 1994. Mrs. Arp moved to approve the minutes of December 5, 1994. Mr. Colton seconded and the motion carried. 4. Minutes of December 8, 1994. Mrs. Arp requested a correction. After discussion Mr. Colton moved to approve the minutes as corrected. Mr. Eckhardt seconded and the motion carried. Payment of Claims 5. Voucher Report dated December 19, 1994. A list of claims was presented. After discussion, Mrs. Arp moved to approve the claims. Mr. Colton seconded and the motion carried. 6. Payroll Report dated December 19, 1994. The payroll register was presented. Mr. Eckhardt moved to approve the payroll. Mr. Martens seconded and the motion carried. Public Comment 7. Mayor Martens ordered the agenda item of a presentation by David Alexander of the Payette National Forest be moved forward on the agenda. Mr. Alexander noted that the past fire season was of a magnitude seen only once every 200-300 years and acknowledged the contribution of city officials to the Forest Service' efforts. Mr. Alexander then presented a plaque to the City of McCall in recognition of the city's contribution to the fire fighting efforts. Mr. Alexander presented a plaque to the McCall Police Department which was accepted by Police Chief Parker. He then presented a plaque to the McCall Fire Department which was accepted by Fire Chief Points. Finally, Mr. Alexander presented a plaque to Fire Chief Dale Points in recognition of his personal contribution to the efforts particularly in dealing with the east side homeowners who were most threatened by the fires. 8. Ernie Woods asked to address the council regarding local option taxes. The mayor ordered the matter moved forward on the agenda in order to hear those who wished to be heard on the matter. Mr. Woods opposed a "bed and booze" tax because it was unfair and questioned whether the tax was legal since the Idaho Code permitted that tax in resort cities only. Richard Frazier addressed the council and also opposed the "bed and booze" tax. Louie Howard also opposed a "bed and booze" tax and suggested that it was not the time for a local option tax. Minutes - McCall City Council - December 22, 1994 2 Rod Davidson also opposed the "bed and booze" tax and questioned the legality of the tax in McCall. Rod Neilson also opposed a "bed and booze" tax and suggested that the time was not right for a local option tax. Jim Townley supported a local option tax and noted that the liquor industry placed demands on city resources that would not be needed otherwise. He stated that revenue sources should be balanced between property taxes, income taxes and consumptive taxes and the property tax payers should not bear the full burden. The council decided to take action on the matter in its place on the agenda. 9. Harvey Bergstrom representing "Golfers for Equal Treatment" asked that the golf course discussion be brought forward on the agenda. The mayor so ordered. Mr. Bergstrom reviewed a letter to the editor that was presented last year and noted that the Golf Course Advisory Committee had responded and that there were still some questions remaining. That in requesting additional answers from the Committee he had been informed that there was nothing else that the Committee could do. He then presented the following: a. That the city request a certified audit of the Golf Foundation's Books. b. That the group be furnished a detailed statement of the "ins" and "outs" to the golf course capital improvement fund. c. That privileged tee times for lifetime pass holders be abolished. d. That if the city chose to levy a surcharge, that the surcharge be applied equally to all pass holders, lifetime and annual. Jim Townley, also of "Golfers for Equal Treatment" recognized the good work of the foundation but noted that in 1987 the Golf Course Advisory Committee voted to limit the number of lifetime passes to 25 and that the proposed clubhouse be scaled back to no more than $400,000. Mr. Eckhardt asked about the status of the foundation and was informed that the city could not compel any financial information from the foundation. The council, by consensus directed staff to write a letter to the foundation to confirm the names of the 65 lifetime pass holders. 10. Fire Chief Dale Points pointed out that the new fire truck had been delivered and was in operation. He invited the council to visit the fire station for an inspection of the apparatus. 11. Recess. Mr. Killen moved to recess for ten minutes. Mr. Eckhardt seconded and the motion carried. The council recessed at 9:00 PM and reconvened at 9:10 PM. Board, Committee and Commission Minutes Requiring Action 12. City Planning and Zoning Commission Minutes of December 6, 1994. a. Roland Hamell - Administrative Hearing on Grandfather Rights. The council noted that the commission's minutes were inconsistent with its findings and conclusions. After discussion Mr. Eckhardt moved to remand the matter to the Planning and Zoning Commission to clarify the inconsistency. Mrs. Arp seconded and the motion carried. Minutes - McCall City Council - December 22, 1994 3 b. Linda Sherrill Application for a Variance of Set Back Requirements . (Lot 2 Block 1, Mountain Pines Mobile Estates.) Mr. Shimun and Mr. Burton gave staff reports. After discussion, Mr. Killen moved to adopt the findings and conclusions of the commission as those of the council and to approve the variance. Mr. Eckhardt seconded and the motion carried. 13. Joint City and Area of City Impact Commission Minutes of December 14, 1994. The council noted the discussion of expanding the Area of City Impact 14. Findings and Conclusions of the Area of City Impact Planning and Zoning Commission in Support of a Zoning Map Amendment - Rogers Family Trust (undated). This matter was presented without supporting minutes. Mr. Burton noted that a second public hearing was required. Mr. Killen questioned whether or not the matter should also be heard by the Valley County Commissioners as a zoning map amendment was possibly to be treated asn an amendment to the zoning ordinance." After discussion, the council by consensus directed staff to notice a public hearing for 8:00 PM January 12, 1995 and to contact the County Prosecutor to clarify the city's authority in this matter. 15. Golf Course Advisory Committee Minutes of December 7, 1994. (Added to the Agenda) a. Golf Pass Refunds. After discussion Mr. Martens moved to approve the committee's recommendation to approve full refunds for Alice Hamblin, Kay Carter and Marion Murray and a pro -rated refund (based on the number of rounds played) to Mark Maxwell. Mr. Killen seconded and the motion carried. b. Irrigation Engineer. After discussion Mr. Killen moved to approve the recommendation of the committee to select Kuhn and Associates as first choice and Coates Consulting as second choice. Mr. Martens seconded and the motion carried. c. Humanitarian Sports Hall of Fame Tournament. After discussion, Mr. Killen moved to remand the matter to the committee for a complete tournament schedule for 1995 and an approximate number of potential participants. Mrs. Arp seconded and the motion carried. Old Business 16. Local Option Tax. The council continued its discussion of local option taxes and reviewed the responses to the Star News survey. After discussion, staff was directed to: (1) Estimate the costs of collecting the tax including startup and recurring costs; (2) to estimate the effect of such a tax on the property tax of the owner of a typical property at various valuation levels; and (3) to send and acknowledgment to the respondents who had signed their comments. 17. Sewage Lift Station #7 - Generator Set - Change Order Request. This was a request from Mountain Power Electrical Contractors to modify the HVAC system to prevent overheating. The council noted that the problem only occurred when the outside temperature exceeded 95° and that McCall's temperature rarely reached that level. After further discussion, Mr. Colton moved to deny the change order. Mr. Killen seconded and the motion carried. 18. Payment Request No. 2 for Airport Project. After discussion, Mr. Colton moved to approve pay request #2 from Seubert Excavator's Inc. in the amount of $75,073.32. Mr. Killen seconded and the motion carried. 19. Reduction of Bond Requirement -Spring Mountain Ranch. Upon the request of Mr. Burton, the council by consensus tabled the matter until the additional information requested by Mr. Burton was available. Minutes - McCall City Council - December 22, 1994 4 20. Grants of Utility Easements - Spring Mountain Ranch. After discussion, Mrs. Arp moved to accept the easements and to authorize the mayor and clerk to sign. Mr. Eckhardt seconded and the motion carried. New Business 21. Snowmobiles - Underage Operators. Mr. Burton gave a report on the practice of the police department with respect to unlicensed operators of motor vehicles and that he understood that this item was on the agenda to consider the possiblity of impounding snow machines operated by unlicensed operators on public streets. After discussion, the council by consensus directed staff to first attempt to locate a responsible party to remove any snowmachine which had been operated by an unlicensed operator and failing that to impound the vehicle. 22. Liquor License Renewals. A list of applications for renewal of liquor licenses for 1995 was presented. Since applications from all of the 1994 license holders had not been received, Mr. Killen moved to approve the application received and to authorize the clerk to issue licenses for other completed applications and bring a complete list at the January 12, 1995 meeting. Mr. Colton seconded and the motion carried. 23. Claim for Damages - Gerhardt. The council acknowledge receipt of a claim from Marci Nielson - Gerhardt for damages to her lawn by the city's snow removal crew. Consent Calendar The council acknowledged the following: 24. Praise Reports Regarding Employees. 25. Letter from Mr. Burton to Yacht Club Building Manager Re: Dumpster. 26. Letter from Mr. Henderson to Idaho Department of Insurance Re: Employee Health Insurance Program. 27. Local Government Investment Pool Update. 28. McCall Library Board Meeting Minutes dated November 10, 1994. 29. Airport Advisory Committee Minutes dated December 7, 1994. 30. Letter from Transportation Department to Mr. Burton Re: Signs on Hwy, 55. 31. Certificate to Chief Parker from State of Idaho Department of Law Enforcement. 32. Valley County Communications Center Committee Meeting Minutes dated December 8, 1994. 33. Letter from Spring Mountain Ranch to Mr. Shimun Re: Acceptance of Golf Course. 34. Letter for Spring Mountain Ranch to Mr. Shimun Re: City of McCall Water System Improvements. 35. Letter from Lake Shore Disposal to City of McCall Re: Weekly Container Service. 36. Letter from Big Payette Lake Water Quality Council re: December 13 Agenda Items -Blackwell Fire. 37. Letter from Sheila O'Brien to Mr. Shimun Re: City Taxes. 38. Letter from Division of Environmental Quality to Mayor Martens Re: Wastewater Treatment Facility. 39. Letter from Dr. John Meek to Mayor & Council Re: Commendation of Officer Rogers. 40. Action Update as of December 19, 1994. Staff Reports 41. City Manager. The council noted a written report. Mr. Shimun asked that the council approve: Minutes - McCall City Council - December 22, 1994 5 a. An amendment to J-U-B's Engineering Agreement. b. Form 5700-41 (Grant Application) c. Certificate of Negotiation d. Resolution No. 36-94 authorizing the application. After discussion, Mr. Killen moved to approve the requested actions. Mr. Colton seconded and the motion carried. 42. City Attorney. Mr. Burton reported on a significant increase in criminal prosecutions. 43. City Clerk/Treasurer. Mr. Henderson noted that copies of the City Code had been distributed including members of the council. He further noted that he was writing letters to local attorneys advising them to contact Sterling Codifiers if they wished to subscribe to the code service. Mr. Henderson reported that the auditors had completed their field work and would be requesting a work session in January to present their report. He reported that there were 67 attendees at the employee Christmas party and the many employees had stated their appreciation for the council's attendance. He then reported that he was working on the fee schedule previously requested but had noted that there were a number of out -dated fees still contained in the City Code some dating back to 1956. 44. Public Works Director. The council noted a written report. Mayor and Council Comments and Reports 45. Mr. Eckhardt. Reported on the proceedings of the Urban Renewal Board and Downtown Subcommittee meeting, that attainment of the objectives was possible with the present structure and that he will bring forward at the next meeting, the framework of a redevelopment plan. 46. Mr. Killen. Noted that snow was being piled high at some intersections causing visibility problems. 47. Mr. Colton. Had no report or comments. 48. Mrs. Arp. Expressed a concern that in many instances Toothman-Orton Engineering was representing both the city and developers and other agencies with whom the city was dealing. Asked about the appraisal of the required portions of the Pine-Wooley Connector. Expressed concern that the Golf Course Advisory Committee had "stonewalled' the group calling themselves "Golfers for Equal Treatment." 49. Mr. Martens. Noted that a number of items put out for bids had come in well under budget and that it was the council's intent to divert these funds to the south loop water project. Therefore department heads must be advised that the difference between the bid amount and the budget was not available to make up for overages elsewhere in the budget. Asked the status of the Historical Preservation Committee. Mr. Shimun reported that he was working on setting up a meeting in January. Minutes - McCall City Council - December 22, 1994 6 Requested the status of the grant for the south loop. Mr. Shimun reported that Larry Leasure had submitted a commitment for 50 new jobs which would qualify the city for a $500,000 grant, subject to approval and appropriation. Adjournment 50. Without further business, Mr. Martens moved to adjourn. Mr. Eckhardt seconded and the motion carried. The council adjourned at 1:00 AM, December 23, 1994. A FL'bST: 1)41e.,--- A-1i Mayor AW--,