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.
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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.
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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.
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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.
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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
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Mayor