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HomeMy Public PortalAboutCouncil Minutes 1995 10/12 MINUTES McCall LYtV Council Regular Meetin~ Thursday, October 12, 1995 Call to Order and Roll Call 1. The meeting was called to order by Mayor Martens at 7:00 PM. Ms. Atp and Messrs. Colton, Killen, Eckhardt, and Martens answered the roll call. The mayor declared that a quorum was present. Staff members present were City Manager Gary Shimun, City Attorney Ted Burton and City Clerk-Treasurer Jim Henderson. Minutes of Previous Meetings Minutes of Regular Meeting, September 28, 1995. Mr. Killen noted a correction. Mr. Colton moved to approve the minutes as amended. Ms. Atp seconded and the motion carried unanimously. Minutes o[ Special Meeting, October $~ 1995. moved to approve the minutes as corrected. unanimously. Mr. Killen noted a correction. Mr. Eckhardt Mr. Killen seconded and the motion carried Payment of Claims Vendor Invoice Approval List. After discussion, Mr. Martens moved approve the claims listed. Mr. Killen seconded and the motion carried unanimously. Public Comment The mayor opened the meeting to public comment. The following were heard: Ms. Joan Catlett appeared regarding the entrance to Ponderosa State Park. She stated that she thought the issue had been settled in 1993 but noted that the State Park Master plan still indicated that an entrance from Pilgrim Cove Road was still a possibility. She further stated that the Idaho Department of Parks and Recreation was still waiting for input from the city and requested that the City write a letter supporting the present entrance from Davis Ave. The council noted that no input had been requested, and that while the survey conducted by the Parks and Recreation Department indicated that the present entrance is appropriate future events could require a change. Grant of Easement Lakeport Corporation. Mr. Burton gave a report. After discussion, Ms. Atp moved to accept the Waterline and Access easement from Lakeport Corporation. Mr. Colton seconded. At a roll call vote Ms. Atp and Messrs. Colton, Eckhardt, Killen and Martens voted "aye." The motion carried. Board, Committee and Commission Minutes Requiting Action City o£ McCall, Planning and Zoning Commission. Final Plat - Balshae Subdivision. Mr. Shimun gave a report. During discussion, it was noted that the Commission's Findings and Conclusions were for a Preliminary Plat. Mr. Eckhardt moved to remand the matter to the Commission to obtain correct Findings and Conclusions and the necessary subdivision agreement. Mr. Colton seconded and thc motion carried unanimously. McCall City Council October 12, 1995 Old Business Resolution 24-95- Amending Personnel Polic~ Manual- Adding Drug/Alcohol Testing Polic~. Mr. Henderson gave a report and noted two letters from employees. One letter suggested that the Council be included. Mr. Killen asked that the policy be reviewed by the City Attorney and questioned whether or not the prohibition on drinking alcohol 8 hours before coming on duty was appropriate given the fact that employees are often called out without prior notice. Staff was directed to report back. The council agreed that all employees should be included in the random selection pool and that baseline testing be conducted for employees requiring Commercial Drivers Licenses and Police Department employees. Noting the letter suggesting that the Council be included, the council discussed the fact even if a council member tested positive for drags, no action could be taken against that council member except by a vote of the people. The council however agreed to permit voluntary testing members of the council. 10. Ordinance 686-Relating to Historical Preservation-Second Reading. Mr. Eckhardt moved to suspend the nde requiring reading in full and to permit the second reading of Ordinance 686 by title. Mr. Killen seconded. At a roll call vote, Messrs. Eckhardt, Killen, Martens, Colton and Ms. Arp voted "aye." The motion carried. Mr. Burton read the ordinance by title. The mayor ordered Ordinance 686 to the next agenda for third reading. 11. Agreement for Rati['tcation and Extension of Lease - Senior Citizen Center. Mr. Burton gave a report. Mr. Colton moved to approve the ratification and extension of the lease. Mr. Martens seconded. At a roll call vote, Mr. Colton, Mr. Martens, Ms. Arp, Mr. Killen and Mr. Eckhardt voted "aye." The motion carried. 12. Lease of Former SITPA Site b~ Central Idaho Interpretive Museum and Visitor Center~ Inc. After discussion, Mr. Killen moved to approve the form of the lease and to bring the matter back when the proposed Lessor had signed the document. Mr. Martens seconded and the motion carried unanimously. 13. Ordinance 691- Amending the Definition of Disorderl}, Conduct; Defining Possession in the case of Controlled Substances; ReclassifFing Trespass; Prohibiting 911 Hang-ups; Establishing and Offense of Obstructing and Delaying an Officer. Mr. Burton gave a report. Mr. Martens moved to suspend the rules and permit the first reading of Ordinance 691 by title only. Mr. Killen seconded. At a roll call vote, Mr. Martens, Mr. Killen, Ms. Atp, Mr. Colton and Mr. Eckhardt voted "aye." The motion carried. Mr. Burton read the ordinance by title. The mayor ordered Ordinance 691 to the next agenda for second reading. 14. Letter from Montgomery Watson Requesting that the Cit~ State in Writing its Intention not to Pa~ for Services. Mr. Burton gave a report, recommending the council decline the request. The council took the matter under advisement. New Business 15. Letter from Steven Holt-Toothman-Orton Engineers Regarding Change Order for Work on Cit~ Pump& Mr. Shimun gave a report noting the proposal to install temporary electronic equipment to automatically control two new water pumps being installed. Mr. Shimun recommended against the proposal since the equipment would not be usable when the stations are converted to deliver raw water to the water treatment plant. The council took no action. 16. Report of Bid Opening - Patrol Units. Mr. Henderson gave a report noting that the call for bids had been published in the Idaho Statesman as well as the Star News, the City's official newspaper and bid packets had been mailed to twelve dealers. No bids were received. Staff recommended Page 2 McCall City Council October 12, 1995 that the City negotiate with an appropriate vendor to obtain the necessary units rather than prepare another call for bids. Mr. Martens moved to direct staff to negotiate to obtain the necessary units within budget constraints. Ms. Arp seconded and the motion carried unanimously. 17. Request for Ad]ustment of Utilit~ Account - Jim Pfeifter. Mr. Henderson gave a report noting that the payment in question was due on July 31st. Penalties were assessed on August 10th and the payment was received on August 14th. Ms. Arp moved to deny the request. Mr. Killen seconded and the motion carried unanimously. 18. Health Insurance Plan Renewal Mr. Henderson gave a report noting that the rates after November 1, 1995 reflected a very modest (less than 1/2 of 1%) rate increase. No council action was request nor taken. Consent Calendar The council acknowledged receipt of the following: 19. Findings of Fact, Conclusions of Law, and Judgment, Bezates Construction, Inc. V. City of McCall. 20. Referendum Petition - Regarding Repeal of Ordinance 680 - Allowing Consumption of Alcoholic Beverages in City Parks. 21. ICRMP Monthly Loss Run 22. Liability Insurance on Dock - Sue Trabert 23. Letter to Gary Shimun from Joy Palmer, DEQ, Approving Extension for Financial Capability Analysis - Water and Sewer Utilities 24. Letter to Dean Martens from Jan Blickenstaff, Idaho Department of Commerce, Outlining Instructions to Complete Economic Development Application. 25. Letter to Phillip Nolte, Seed Potato Specialist, from Rick Mallory, JUB Engineers, Regarding Potato Pathogen Study 26. Letter to Rick Welch, West Central Highlands RC&D, from Gary Shimun Responding to Financial Assistance Request 27. Letter to George Wagner, JUB Engineers from Bill Freeman, DEQ, regarding Wastewater Treatment Plant - Effluent Irrigation Project - Payette River Crossing 28. Formal Resignation Memo to Gary Shimun from Charles Denham 29. Letter to Jim Porter, Idaho Transportation Department, from Cliff Lee Requesting Notice to Proceed Authorization on Bike Trail Project 30. Letter to Gary Shimun from Steven Holt, Toothman-Orton, Outlining Issues and Actions for Sewage Lift Station No. 8 31. Letter to Douglas McMaster, MASCO, Inc., Requesting Installation Cost for Effluent Line Crossing Payette River 32. Letter to Chaflie Denham from Rich Kinder, Toothman-Orton, Pertaining to Changes for golf Course Irrigation Design 33. Fax Transmittal to Rick Orton, Toothman-Orton from Douglas McMaster, MASCO, Inc. Concerning Denial for Additional Compensation on West Lake Street Project and Listing Justifications for Compensation 34. Letter to Gary Shimun from Patrick Dorris, McCall Air Taxi, Inc. Requesting First Lease Rights to Airport Property 35. Response letter to Patrick Dorris from Gary Shimun on Airport Property/Master Plan 36. Packet to Dean Martens from Bob LeBow, Idaho Rural Health Coalition on Manage Care-Risks and Opportunities Page 3 37. 38. 39. 40. 41. 42. 43. 44. McCall City Council October 12, 1995 Additional Items Payment Request No. 5 - MASCO~ INC. Rich Kinder of Toothman-Orton gave a report. He noted that the project was on schedule. Mr. Killen moved to approve Payment Request No. 5 in the amount of $59,119.43. Mr. Colton seconded and the motion carried unanimously. Staff Reports City Manager. The council noted a written report. Mr. Shimun reported on some water damage to the storage area in City Hall due to vandalism. Cit~ Attorney. The council noted a written report. Mr. Burton presented a Quitclaim Deed to McCall Donnelly School District for property on Stibnite Street. Council directed staff to obtain a dollar amount to be credited to the financing arrangement with the school district. Cit~ Clerk/Treasurer. Mr. Henderson reported that there were four candidates for the three council member seats to be filled at the November 7 election. He further noted his attendance at a seminar in Reno, NV on October 16 - 18. Mr. Henderson also noted that the auditors were conducting preliminary testing during the week of October 10 - 13, 1995. He further reported that work to reroof the Senior Citizens Center would begin on October 20. Additional Item Ms. Terri Busby appeared and asked that the council consider that a large tree across from the fire station was scheduled to be removed the following morning. Mr. Burton reviewed the zoning ordinance with respect to tree removal. Staff was directed to contact the owner noting that the tree may be in the scenic highway district. The council informed Ms. Busby that the city may not have the authority to stop the tree removal but would insure that it would be looked at. Mayor and Council Comments and Reports Mr. Colton. Asked about the remove of wood chip material left over from the construction of the playground equipment in Mill Park. Mr. Shimun noted that part of the material had been removed but for some reason some had been left. Mr. Shimun will complete and report back. Ms. Atp. Asked about the options regarding the Findlay deck. Mr. Burton noted that prosecution at this point would probably not be successful. Mr. Shimun noted that the Planmng and Zoning Commission should look at giving the Zoning Administrator authority to "Red Tag" jobs for possible zoning violations. He noted that currently with the appeal process, he could not stop work on a project while a determination was being made. The council discussed the lack of standards for the scenic highway district, and that the city should develop an inventory map of prospective areas for annexation. Mr. Eckhardt. Noted a citizen complaint that the speed limits along Boydstun were too slow. Council noted that in the past there had been complaints of speeding on the same street. Mr. Eckhardt noted that a children's safe house was being established and that he had been approached about waiving water and sewer connection fees. He had informed the proponents that the city's ordinances could not be waived. Mr. Eckhardt asked about renting the Wisehart house and was informed that no property managers had responded to the request for proposals and that the city would have to just rent it. Mr. Eckhardt then noted that he expected to have a proposal to settle the Kalman Case soon. Page 4 McCall City Council October 12, 1995 45. Mr. Killen. Asked about the limited liability clause in a previous Toothman-Orton Change Order and was informed that the clause had been corrected to reflect the language previously agreed upon. -Asked about the operation manual for the golf course acquired from Spring Mountain Ranch and was informed that it was still pending. -Asked about the Court Services agreement and was informed that the City and County Clerks had not yet met. -Noted that the forest service had dropped its stream flow claims. -Asked about the trees removed from the public right-of-way on Clement Street. He noted that there were a very limited number of persons in the area that do this kind of work and the city should be able to obtain details on the removal. -Asked about the development of a policy of "buying in" to LID improvements by parties subsequently receiving benefits of LID improvements but not a part of the district, He was informed that such a policy had not yet been drafted, 46. Mr. Martens. Asked about the Mutual Aid Agreement between the McCall Police Department and Valley County Sheriff's Office. Mr. Burton noted that he had heard nothing from County Prosecutor Schoenhutt. -Noted that the upcoming holiday season would require some adjustments to the council's meeting calendar. After discussion, the council agreed to change its December meetings to the First and Third Thursday, that is December 7th and December 21st. Adjournment 47. Without further business, Mr. Colton moved to adjourn. Ms. Arp seconded and the motion carried unanimously. The council adjourned at 10:40 PM. ATTEST: ~'"' - ' City Clerk- - Mayor Page 5