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HomeMy Public PortalAboutCouncil Minutes 1995 10/26MINUTES McCall City Council Regular Meeting Thursday, October 26, 1995 Call to Order and Roll Call 1. The meeting was called to order by Mayor Martens at 7:00 PM. 2. Messrs. Eckhardt, Killen, Martens, Colton and Ms. Arp answered the roll call. The mayor declared that a quorum was present. Also present were staff members Gary Shimun, City Manager; Ted Burton, City Attorney; Jim Henderson, City Clerk -Treasurer and council candidate Bruce Leaf. Minutes of Previous Meetings 3. Minutes of October 12, 1995 Regular Meeting Mr, Colton moved to approve the minutes. Ms. Arp seconded and the motion carried unanimously. 4. Minutes of October 24, 1995 Special Meeting Mr. Martens moved to approve the minutes. Mr. Colton seconded and the motion carried unanimously. Payment of Claims 5. Invoice Approval Lists dated October 22 and 23, 1995. After discussion, Mr. Eckhardt moved to pay the claims listed. Mr. Martens seconded and the motion carried unanimously. 6. Payroll Register dated October 7, 1995. Ms. Arp moved to approve the payroll. Mr. Killen seconded and the motion carried unanimously. 7. Payroll Register dated October 23, 1995. Mr. Colton moved to approve the payroll. Mr. Eckhardt seconded and the motion carried. Public Comment The mayor then called for public comment. The following were heard: 8. Cheryl Kopp, representing the McCall Chamber of Commerce, presented a report on the upcoming Winter Carnival. 9. Ballard Smith appeared regarding approval of the final plat for Balshae Subdivision. He noted some difficulties with the proposed subdivision agreement. He was informed that the only item for action on, the agenda was the Findings and Conclusions in support of the approval and that the subdivision agreement could be worked out with staff. He was advised to return the copy with his requested changes and comments. Mr. Killen them moved to adopt and approve the findings and conclusions of the planning and zoning commission and to approve the final plat. Mr. Eckhardt seconded and the motion carried unanimously. 10. Memorandum of Understanding with McCall Gas Station, Inc. Mr. Burton gave a report. Mr. Eckhardt noted that comments he had received revolved around the marina and noted that the City's only obligation under the MOU was to negotiate in good faith. He also noted that members of the Urban Renewal Agency had some concerns with implementation. Mr. Killen noted that the comments he had received were related to the marina. He stated that the Minutes, McCall City Council October 26, 1995 agreement was not perfect but a good resolution of a long-standing dispute. Mr. Colton stated that the MOU was a good resolution to the case. After further discussion, Mr. Colton moved to approve the MOU and the supplemental agreement and to authorize the mayor to sign. Mr. Killen seconded. At a roll call vote, Mr. Colton, Mr. Killen, Ms. Arp, Mr. Martens and Mr. Eckhardt voted "aye." The motion carried. The council passed on thanks and congratulations to Mr. Eckhardt and staff for resolving this long-standing issue. 12. Scotty Davenport asked about the burned out semi -trailer near Floyd Street. Council candidate Bruce Leaf stated that the trailer had not been moved pending inspection by an insurance adjuster. Board, Committee and Commission Report 13. City Planning and Zoning Commission Minutes of October 18, 1995. a. Spring Mountain Ranch Phase II. Mr. Burton gave a report. After discussion, Mr. Killen moved to adopt and approve the findings and conclusions of the commission and to approve the final plat. Mr. Eckhardt seconded and the motion carried. b. Diane McFall, Modification of Conditional Use Permit and to Convert to Planned Development. Mr. Burton gave a report. After discussion, Mr. Eckhardt moved to approve the findings and conclusions of the commission and approve the request. Ms. Arp seconded and the motion carried. 14. Parks and Recreation Advisory Committee, Minutes of August 14, 1995. Noting the request of the committee, staff was directed to clean Mill Park restroom paint problem. 15. Parks and Recreation Advisory Committee, Minutes of October 16, 1995. a. Committee vacancy. Mr. Killen moved to convene as a committee of the whole. Ms. Arp seconded and the motion carried unanimously. Mr. Eckhardt moved to direct the mayor to nominate Scotty Davenport to the Parks and Recreation Advisory Committee to fill the seat vacated by Gary Van Komen. Ms. Arp seconded and the motion carried unanimously. The motion having brought the council out of a committee of the whole, Mayor Martens nominated Scotty Davenport to be a member of the Parks and Recreation Advisory Committee. Mr. Killen moved to confirm the nomination. Mr. Eckhardt seconded and the motion carried unanimously. b. Dock Expansion Mill Park Village. After discussion council directed the City Manager to meet Idaho Department of Lands concerning the dock approval process. c. Nonresident User Fees. Council noted the committee's concurrence with the plan but noted that it was still looking for a procedure for accomplishing collecting additional user fees from participants who are not residents of the city. Old Business 16. Airport Improvement Project - Request for Reimbursement No. 7. Mr. Shimun made a report. Mr. Martens moved to approve the request. Mr. Eckhardt seconded and the motion carried unanimously. 17. East Highway 55 - Partial Pay Request No. 2. Mr. Shimun gave a report. Mr. Colton moved to approve the pay request in the amount of $80,139.02. Ms. Arp seconded and the motion carried. Page 2 Minutes, McCall City Council October 26, 1995 18. Ordinance No. 691 Relating to Changes to the City Criminal Code. Mr. Martens moved to suspend the rules requiring reading in full. Mr. Colton seconded. At a roll call vote, Mr. Martens, Mr. Colton, Ms. Arp, Mr. Killen and Mr. Eckhardt voted "aye." Mr. Burton read the ordinance by title and the chair ordered the matter to the next agenda for third reading. 19. Ordinance No. 686 Relating to Historical Preservation. Mr. Colton moved to suspend the rules requiring reading in full. Mr. Eckhardt seconded. At a roll call vote, Messrs. Colton, Eckhardt, Martens, Killen and Ms. Arp voted "aye." The motion carried. Mr. Burton read the ordinance by title. Mr. Eckhardt moved to adopt Ordinance 686. Mrs. Arp seconded. At a roll call vote, Mr. Eckhardt, Ms. Arp, Mr. Colton, Mr. Martens and Mr. Killen voted "aye." The motion carried. New Business 20. Appointment of Election Judge and Clerks. Mr. Henderson asked the council to appoint Julie Eddins as Election Judge and Faye Kerr, Margaret Fogg, Kathy Rife and Emily Whitman as Election Clerks for the November 7, 1995 election. Mr. Martens moved to appointed the persons named. Mr. Colton seconded and the motion carried unanimously. Consent Calendar The council acknowledged receipt of the following items: 21. Employee Newsletter for October 1995. 22. Sample Ballot 23. Memo to All Departments from Jim Henderson respecting fraudulent billing schemes 24. Letter from Gene Gibson, IDWR commenting on the Joint Application for Permit 25. Letter from Fred Eisenbarth, IDWR regarding findings on Community Assistance Visit 26. Letter to Douglas McMaster from Richard Kinder Toothman Orton on Water System improvements 1994-96 Sod Restoration 27. Letter to Thomas Welsh from Richard Kinder, Toothman Orton pertaining to Utility Easements 28. Letter to Ted Whiteman PLWSD from George Wagner JUB Commenting on Draft TMDL for Cascade Reservoir 29. Letter to Gary Shimun from Peter O'Neill, SMR regarding Materials for WTP site 30. Notice of Applications on Replacing US West Communication's Revenue Sharing Plan for Southern Idaho. 31. Letter to Gary Shimun from Martin Bauer, DEQ, Evaluating Need for J-Ditch Alternative 32. Letter to Jerome Mapp, Ida -Ore Planning & Development from Richard Orton regarding South Loop Project 33. Letter to Gary Shimun from Jeff Huber, White -Leasure Development Co. Requesting Grandfather Rights --The Marketplace 34. Valley County Communications Center Committee Meeting Minutes September 21, 1995 35. West Central Highlands RC & D Annual Meeting Minutes - September 20, 1995 36. Letter to Michael Moore from George Wagner, JUB Engineers On Facility Plan for McCall 37. Letter from David Tuthill IDWR regarding Amendment for Stream Channel Alternative Permit 38. Letter from Richard Kinder, Toothman-Orton Pertaining to Effluent Line Crossing Payette River 39. Letter to George Wagner JUB from Richard Kinder, Toothman Orton on Wastewater Treatment Plant Effluent Irrigation Project - Payette River Crossing 40. Letter from Bradley Daly, Department of the Army regarding proposal to Modify Effluent Irrigation Line 41. Letter to Franklin Boteler, Idaho Department of Parks and Recreation, From Gary Shimun on Entrance to Ponderosa State Park. 42. SERC Notes - The Quarterly Newsletter 43. Action Update Page 3 Minutes, McCall City Council October 26, 1995 Staff Reports 44. City Manger. The council noted a written report. Mr. Shimun also distributed a report on municipalization of electrical power. 45. City Attorney. a. Mr. Burton reported that he had received a motion for summary judgment by the Cascade Reservoir Association on their pending case. b. Mr. Burton further reported that he expected outside counsel to make a report regarding options available with respect to Montgomery -Watson on November 9, 1995. c. He further reported that the Kahlman case was still on the court calendar but the court had been notified of pending settlement. 46. City Clerk -Treasurer. a. Register Warrant No. 95-2 Approving Interim Financing for LID #5. Mr. Henderson made a report. Ms. Arp moved to approve the warrant in the amount of $125,000 at 5.9% interest and authorize the mayor to sign. Mr. Colton seconded and the motion carried. b. Resolution 25-95 setting a Hearing for LID #5. Mr. Henderson gave a report noting that the change in scope of the project was such that another hearing was required. Mr. Killen moved to adopt Resolution No. 25-95 setting the hearing for 8:00 PM December 7, 1995. Ms. Arp seconded and the motion carried. c. Mr. Henderson then reported that the re -roofing of the Senior Citizens Building was completed. d. He further reported that the auditors would be at city hall during the week of November 6, 1995. e. Mr. Henderson then reported that the assessment roll for LID No 2 was nearly complete and expected to be ready for a hearing on the final assessment roll be late December or early January. Mayor and Council Comments and Reports 47. Mr. Killen. a. Asked about the progress of an agreement with the county respecting court clerk services. Was informed that a meeting was schedule for October 27, 1995 with the county clerk. b. Asked about the Buy -In policy for LID improvements. Was informed that the matter had been discussed among staff but nothing had yet been reduced to writing. Mr. Killen suggested calling some other cities to see if they had such a policy. c. Asked about monitoring the water usage by the Old Town Market. Mr. Henderson noted that three months readings were available but with very wide variations and wanted more readings. Page 4 Minutes, McCall City Council October 26, 1995 d. Asked about the replacement golf superintendent. Mr. Shimun reported that he had already received some resumes and planned to advertise in the Statesman. 48. Mr. Colton. Asked about work on gravel streets. Noted that some gravel streets need grading. 49. Ms. Arp. a .Asked about claims from the overdose of Chlorine at the Davis Beach Pump Station. The clerk noted that none had been received. b. Asked about the City Engineer hiring. Mr. Shimun reported that he planned to hire around the first of the year. c. Asked about the planning group meeting. Mr. Shimun reported that the group planned to be at the next joint P&Z meeting. The council agreed that the interest and energy of this group could be very useful. d. Scotty Davenport interjected a comment about enforcement of planning codes. There was discussion about how this could be accomplished including requiring builders to attend classes before receiving a building permit. No action was taken 50. Mr. Eckhardt Noted the need to call a meeting of the Urban Renewal Board and to give some direction. Board will also need staff time to do their job. Mr. Eckhardt also pointed out the many infrastructure improvements that have been completed in the district could have been funded with tax increment financing. 51. Mr. Martens. a. Asked about the mutual aid agreement. Mr. Burton reported that a draft had been received and was being reviewed by the police chief. b. Asked the status of the Wisehart property. Mr. Shimun reported that staff had contacted some property managers and will have someone to manage it shortly. c. Asked if anyone had requested an Ice Rink and was informed that no one had asked. d. Noted the need to resolve the personnel problem in the Recreation Department. e. Discussed the time and date of the second meeting in November which falls on Thanksgiving. The council agreed to meet on Tuesday, November 21, 1995. Page 5 Minutes, McCall City Council October 26, 1995 Adjournment 52. Without further business, Mr. Martens moved to adjourn. Mr. Colton seconded and the motion carried unanimously. The council adjourned at 10:40 PM. Al lEST: Page 6 A 04.AL Mayor