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HomeMy Public PortalAboutCouncil Minutes 1995 11/09MINUTES McCall City Council Regular Meeting Thursday, November 9, 1995 Call to Order and Roll Call 1. The meeting was called to order by Mayor Martens at 7:00 PM. 2. Ms. Arp and Messrs. Colton, Martens and Killen answered the roll call. Staff members present were City Manager Gary Shimun, City Attorney Ted Burton and City Clerk -Treasurer Jim Henderson. Mr. Eckhardt arrived at 7:05 PM. Minutes of Previous Meeting 3. Minutes of October 26, 1995. Mr. Colton moved to approve the minutes. Ms. Arp seconded and the motion carried unanimously. Payment of Claims 4. Vendor Invoice Approval List, November 6, 1995. Ms. Arp moved to approve the claims on the list. Mr. Colton seconded. After discussion, the motion carried unanimously. 5. Payroll Rezister, October 26, 1995. Mr. Eckhardt moved to approve the payroll. Mr. Martens seconded and the motion carried unanimously. Public Comment The mayor called for public comment. The following were heard: 6. Joan Catlett asked when the council would discussed Mr. Shimun's attendance at the seminar on muncipalization of electrical utilities. Mr. Shimun stated that he had provided the council with a written report to review prior to discussion. The council noted that it was not prepared to discuss the report at this meeting. Ms. Catlett was provided with a copy of the report. 7. Rich Kinder of Toothman-Orton Engineers appeared on the following: a. Pay Request No 1 to Ross Enterprises. Mr. Kinder reviewed the request. Mr. Martens moved to approve Pay Request No. 1 to Ross Enterprises in the amount of $120,742.18 for water pump station improvements. Mr. Eckhardt seconded and the motion carried unanimously. b. Pay Request No 6 to MASCO, Inc. Mr. Kinder reviewed the request. Mr. Colton moved to approve Pay Request No. 6 to MASCO, Inc., in the amount of $235,264.20 for water distribution improvements. Ms. Arp seconded and the motion carried unanimously. Mr. Kinder as given direction to notify MASCO, Inc., of concerns about settlement and the potential necessity to resod the trenchs that crossed the golf course. c. Progress Report -Water Treatment Plant. Mr. Kinder reported that construction of the plant had begun but that Contractor's Northwest, Inc. was demobilizing for the winter. Old Business Minutes, McCall City Council November 9, 1995 8. Partial Payment Request-Carico LID. Mr. Shimun gave a report. Mr. Killen moved to approve the pay request to P&M Excavators, Inc., in the amount of $204,982.18. Ms. Arp seconded and the motion carried unanimously. 9. East Highway 55 LID Change Order No. 2 and Partial Pay Request No. 3. Mr. Shimun gave a report noting that the change order was necessary to provide 3-phase power to the lift station. Mr. Killen moved to approve Change Order No. 2 adding the amount of $8,639.95 to the contract with Bezates Construction, Inc. Mr. Eckhardt seconded. After discussion, the motion carried unanimously. Mr. Killen then moved to approve Partial Pay Request No. 3 to Bezates Construction, Inc., in the amount of $8,207.96. Mr. Martens seconded and the motion carried unanimously. 10. Professional Agreement - McCall Bike Trails. Mr. Shimun gave a report. Mr. Colton moved to approve the agreement subject to substituting Mr. Shimun for Mr. Martens as Agreement Administrator and correcting the city's post office box. Ms. Arp seconded. After discussion, the motion carried unanimously. 11. Ordinance No. 691 Amending Title V of the City Code - Third Reading Mr. Burton gave a report. Mr. Killen expressed concerns about enforcing the provision regarding ingestion of controlled substances. After further discussion, Mr. Eckhardt moved to suspend the rules requiring reading in full. Mr. Colton seconded. At a roll call vote, Mr. Eckhardt, Mr. Colton, Mr. Martens, Mr. Killen and Ms. Arp voted "aye." The motion carried. Mr. Burton read the ordinance by title. Mr. Eckhardt moved to adopt Ordinance 691. Ms. Arp seconded. Mr. Eckhardt, Ms. Arp, Mr. Colton, Mr. Martens and Mr. Killen voted "aye." The motion carried. 12. Canvass of Returns of November 7, 1995 Election. Mr. Henderson gave a report noting the following election results: For City Council - Four Year Term - two to be elected. Marilyn Arp Ralph Colton Write Ins: R. Batten K. Eimers B. Leaf R. Rooth 238 Votes 203 Votes 1 Vote 3 Votes 3 Votes 1 Vote For City Council - Two Year Term - one to be elected. Lance Eckhardt 184 Votes Bruce Leaf 120 Votes After further discussion, Mr. Killen moved to approve the results as presented and to declare the winners to be Marilyn Arp and Ralph Colton for City Council -Four Year Term and Lance Eckhardt for City Council -Two Year Term. Mr. Martens seconded and the motion carried unanimously. 13. Golf Course Long Term Maintenance Agreement. Mr. Peter O'Neill representing Spring Mountain Ranch made a presentation. Mr. Killen noted problems with the Standards of Play section. Ms. Arp expressed concern over the representation of the Homeowners Association on the Golf Committee since other developers were not extended the same privilege. Mr. O'Neill noted that this provision had been a part of previous agreements. Mr. Colton moved to approve the agreement subject to the changes noted. Mr. Killen seconded. At a roll call vote, Mr. Colton, Mr. Killen, Mr. Eckhardt, Ms. Arp and Mr. Martens voted "aye." The motion carried. Page 2 Minutes, McCall City Council November 9, 1995 New Business 14. Super 8 Motel, Water & Sewer Connection Fees. The council noted a written report from the Planning and Zoning Technician. Mr. Killen moved to approve the recommendation that the connections fees be set at $27,200. Mr. Eckhardt seconded and the motion carried unanimously. 15. Request for Adjustment of Utility Account - Aspens Condo. Mr. Henderson gave a report. Mr. Killen moved to deny the request. Mr. Eckhardt seconded and the motion carried unanimously. 16. Request for Adjustment of Utility Account - Woodlands Homeowners. Mr. Henderson gave a report reviewing billing dates and dates paid. He noted that the payment mention in the request was for a previous month's bill. Mr. Killen moved to deny the request. Ms. Arp seconded and the motion carried unanimously. Consent Calendar The council acknowledged receipt of the following: 17. McCall Urban Renewal Agency Component Unit Financial Statements, September 30, 1995. 18. Area of City Impact Planning and Zoning Comnrission Minutes of October 24, 1995. 19. Packet of Letters and Memos Relating to Sewage Lift Station #8. 20. Packet of Letters and Memos On the Wastewater Treatment Plant Effluent Irrigation Project - Payette River Crossing 21. Water System Improvements 1994-1996 Change Order #6 22. Letter to Michael Peck, Mountain Power Electrical Contractors, From Steve Holt, Toothman- Orton regarding Sewage Lift Station #8. 23. Memo to Gary Shimun from Richard Kinder, Toothman-Orton, summarizing meeting on Golf Driving Range Berm. 24. Valley County Communication Committee Meeting Agenda for November 26, 1995. 25. McCall Municipal Airport AIP 94 Certificate of Substantial Completion 26. News Update Issue commenting on Sales Tax problem on Oregon Border. 27. Memos to Gary Shimun from Ed Parker explaining expenditures. 28. Letter to Douglas McMaster, MASCO from Richard Kinder Toothman-Orton regarding sod restoration 29. Memo to Richard Kinder, Toothman Orton from Douglas McMaster MASCO, Inc., re: Sod Restoration. 30. Letter to Douglas McMaster, MASCO, from Richard Kinder Toothman-Orton, re: Golf Course Berm 31. Letter to Richard Kinder, Toothman-Orton, from George Wagner J-U-B Engineers Recommending Price Increase on Effluent Irrigation Line River Crossing 32. West Central Highlands RC & D Area Meeting Minutes of October 18, 1995. 33. Minutes of Transportation Advisory Committee Dated November 1, 1995 34. Letter to Greg Pittenger-Millemann, Pittenger & McMahan, from Ted Burton re: City -Carey Agreement --Condemnation of Portion of Former RR R-O-W. 35. Letter to Geoffrey Supko from Ted Burton informing of Pipeline Location and right-of-way. 36. Action Update. Staff Reports 37. City Manager. The council noted a written report. Mr. Shimun reviewed some of his meetings with DEQ regarding the land application project. 38. City Attorney. The council noted a written report. Page 3 Minutes, McCall City Council November 9, 1995 a. Mr. Burton reported that a number of affidavits respecting the CRA suit had been filed. b. Mr. Burton reviewed the proposed Mutual Aid Agreement with Valley County with the council. 39. City Clerk -Treasurer. a. Road and Street Report Mr. Henderson presented a report required by the State Auditor's office respecting revenues and expenditures of street funds. Mr. Colton moved to approve the report. Mr. Martens seconded and the motion carried unanimously. b. Budget to Actual Report. Mr. Henderson reviewed a report showing the budget -to - actual revenues and expenditures by department as of the end of the Fiscal Year (September 30, 1995) noting overruns in the Streets and Recreation Funds. c. Grievance. Mr. Henderson noted that a grievance appealing disciplinary action had been received and asked the council to set a date and time for hearing, After discussion, the council set December 4, 1995 at 11:30 AM as the date and time for the hearing. Mayor and Council Comments and Reports 40. Mr. Eckhardt. a. Mr. Eckhardt expressed concerns that a member of an advisory committee had appeared at a Planning and Zoning Commission lobbying the member's own position on the issue which was contrary to the position of the majority of the committee. After discussion, the council suggested that minority opinions be expressed in the advisory committee minutes. b. Mr. Eckhardt also expressed concern that a member of the Planning and Zoning Commission had solicited business from an applicant in a zoning action. The council noted that this was probably a problem of not knowing better and discussed remedies suggesting implementing training for all commissions and advisory committees. 41. Mr. Killen. a. Asked about the lease of the Deinhard-Highway 55 property. Mr. Shimun reported that he was awaiting a reply from White -Leasure. b. Asked about the rights -of -way for the West -side bypass. Mr Shimun reported that of the remaining property owners, Mr. Jerry Smith wanted to wait until spring had discussed appraised value. Mr. Tim Garber wanted the same consideration as given Mr. Smith. Seubert Construction wanted to wait until after design in order to determine exactly what property was needed. Mr. Killen suggested that options or other methods to obtain commitments be secured to protect the city. c. Asked about progress on the Drug Testing Policy. Mr. Burton said that he had not yet completed his work on the matter. Mr. Killen noted that the policy should clearly state consequences. 42. Mr. Colton. a. Asked about the agenda for the joint meeting with the county commissioners on November 13. Mr. Shimun reported that the items to be discussed were the Mutual Aid Agreement, the Chipmunk Lane Right -of -Way problem and possibly the Court Clerk Agreement. Page 4 Minutes, McCall City Council November 9, 1995 b. Asked about the subdivision agreement with Ballard Smith (Balshae Subdivision) and progress on a resolution. Mr. Burton reported that he had received Mr. Smith's annotated agreement and was reworking it. 43. Ms. Arp. Asked if the City's Comprehensive Plan had any interaction with the county's plan specifically with regard to planning along the state by-pass. She felt that the city should be involved to avoid strip development. 44. Mr. Martens. a. Asked about the traffic signal at Deinhard and Highway 55. Mr. Burton reported that the control box had been damaged by an alleged drunk driver. b. Noted the consolidation agreement that had been received by the council and pointed out the time -table. Recess 45. Without further business at this time, Mr. Martens moved to recess until 9:00 AM Monday, November 13, 1995 at the Valley County Courthouse. Mr. Colton seconded and the motion carried unanimously. The council recessed at 11:15 PM. Recessed Session Valley County Courthouse November 13, 1995 46. The council reconvened at 9:00 AM in the Commissioner's Office, Valley County Courthouse. Mr. Martens, Mr. Colton and Mr. Eckhardt were present. Staff Members present were City Manager Gary Shimun, City Attorney Ted Burton, City Clerk -Treasurer Jim Henderson and Police Chief Ed Parker. Also present were Valley County Commissioners Tom Olson, Terry Gestrin and Francis Wallace, Deputy County Prosecutor Robert Williams, Valley County Sheriff Lewis Pratt, Cascade Police Chief Chris Hall and Cascade City Attorney Robert Remaldus. 47. Mutual Aid Agreement. Mr. Burton gave a report. Sheriff Pratt asked for time to review the proposed agreement. The commissioners and council agreed to take up other matters while Sheriff Pratt and Mr. Williams reviewed the proposed agreement. 48. Chipmunk Lane R-O-W. Mr. Burton gave a report. Mr. Wallace noted that there had been some discussion with owners but that the owners expected to be compensated for the additional 15 feet of right-of-way needed. After discussion, it was noted that the City must condemn the property if that is the recourse available. The council agreed to pursue the matter. 49. Dienhard-Bovdstun Connector. County Engineer Les Ankeman reviewed the status of the County's contract engineer and the engineer's ability and willingness to design the project. Mr. Ankeman noted that a visit to McCall was planned later in the week to review the property and the project . 50. Mutual Aid Agreement. Sheriff Pratt and Mr. Williams returned. After discussion, Chairman Olson noted that the law enforcement parties seemed to be near an agreement and asked that they (Chief Parker, Attorney Burton, Chief Hall, Attorney Remaldus, Sheriff Pratt and Deputy Prosecutor Williams) meet to work out differences. Page 5 Minutes, McCall City Council November 9, 1995 Adjournment 51. Without further business, Mr. Colton moved to adjourn. Mr. Martens seconded and the motion carried unanimously. Al 1 EST: City Clerk Page 6 (tia.- A VV10104o Mayor