HomeMy Public PortalAboutCouncil Minutes 1995 12/21MINUTES
McCall City Council
Regular Meeting
Thursday, December 21, 1995
Call to Order and Roll Call
1. The meeting was called to order by Mayor Martens at 7:00 PM.
2. Messrs. Martens, Killen, Colton, Eckhardt and Ms. Arp 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 Meeting
3. Minutes of Regular Meeting on December 7, 1995. Mr. Colton moved to approve the minutes.
Mr. Killen seconded and the motion carried unanimously.
Payment of Claims
4. Vendor Invoice Approval List dated December 18, 1995. Mr. Martens moved to approve the
claims listed on the report. Mr. Colton seconded and the motion carried unanimously.
5. Payroll Register dated November 27, 1995. Ms. Arp moved to approve the payroll. Mr. Colton
seconded and the motion carried unanimously.
Executive Session
6. Mr. Killen moved to go into executive session under the provision of Section 67-2345(1)(b),
Idaho Code concerning personnel matters. Mr. Colton seconded and the motion carried
unanimously. At a roll call voted, Mr. Killen, Mr. Colton, Mr. Martens, Ms. Arp and Mr.
Eckhardt voted "aye." The motion carried. The council went into executive session at 7:10 P.M.
The council returned from executive session at 7:45 P.M. The mayor reported that the council
had gone into executive session to hear Clayton Dye appeal his termination and that the council
would render a decision later in the meeting.
Public Comment
The mayor then called for public comment. The following were heard:
7. Richard McChrystal, Chairman of the City Planning and Zoning Commission was heard on two
matters: (1) The commission was frustrated in its efforts because it was not informed of the
actions of the various groups involved in planning such as the new planning group formed
recently, the transportation committee and others. (2) That during the joint meetings of the city
and impact P&Z Commissions it was difficult to get quorums of both groups. He proposed that
consideration be given to a single commission with representation from both the city and the
impact area.
8. Jim Townley appeared and reported that he had met with the planning and zoning commission
regarding his complaint about a building that was constructed near his property and that the
commission had recommended a public hearing. He stated that he had attempted to make an
appointment with Mr. Shimun and Mr. Shimun first stated that any meeting would be recorded
but then refused to meet with him.
McCa11 City Council
December 21, 1995
9. Peggy Clemmer stated, in response to Mr. McChrystal's proposal, that it was important that the
Impact Area have its own planning and zoning commission.
Public Hearings
10. Final Assessment Roll for L.I.D. #2, Riverside Subdivision. The mayor noted that it was the
time and place for the public hearing set by Resolution 26-95 to hear comment on the
preliminary assessment roll for L.I.D. #2.
Mr. Henderson gave a staff report and noted that the notice for this hearing was flawed in that
the notices mailed to many of the property owners contained the incorrect amount of the
assessment and recommend that the hearing be conducted but that a second hearing be held on
January 25th to permit the mailing of corrected notices. He then reviewed the project costs and
method of determining the assessment for each parcel.
Jim Fronk of Toothman-Orton Engineers described the project.
Mr. Henderson then read letters from the following:
John Hayden who opposed the assessment.
Larice Cijmas, Commercial Riverside Trust who opposed the assessment.
Jerry Holowitz who opposed the assessment.
Cathy Holowitz who opposed the assessment.
Eric, Lori and Scott Anderson who opposed the assessment.
The mayor then opened the hearing to public testimony. The following were heard:
Dave Byars who requested information as to the status of street improvements. He was informed
that street improvements were considered when the project was proposed but minutes reflected
that the part of the project was removed. There was discussion about the city bringing those
streets to gravel standards so that they could be plowed but the minutes did not reflect any action
by the council to that effect. Mr. Byars then stated that he had purchased an adjoining lot to the
west of his property in order to connect the water main along Mission Street and that he should
not be assessed for the water portion of the improvements. When asked Mr. Byars reported that
he in fact connected the water line constructed by the project to the east of the property.
Jerry Holowitz who stated that the rate payers shouldn't have to pay for improvements so that the
city could reap the benefits from rates.
Clyde Archer who reviewed the history of the development and stated that he was disappointed
that the project had been forced upon the property owners over their objections. He further
pointed out that part of the project included replatting a number of lots on the west side of the
subdivision to provide for a road right of way and that the costs should be assessed only against
the owners of the lots that were replatted.
Marion Johnson who stated that the assessment ought to reflect benefits and use of the
improvements and she and her husband had made no request for services. She further questioned
being assessed for replatting the lots on the west side.
Since no once else wished to be heard, Mr. Killen moved to recess the hearing until 8:00 P.M.
January 25, 1996. Mr. Colton seconded and the motion carried.
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McCall City Council
December 21, 1995
11. Amendment of Zoning Map - Osprey L.L.C. The mayor announced that it was the time and
place for a hearing on the request of Osprey L.L.C. to amend the zoning map to change the
zoning for the applicant's property adjoining Valley View Subdivision from R-10 to R-5.
Mr. Shimun gave a staff report. Joel Droulard, representing the applicant gave a report. Mr.
Shimun read two letters opposing the zone change. Frank Bruneel, representing the applicant
responded to the concerns of the letter writers, stating that the zone changes represented logical
use of the property.
Since no one else wished to be heard, the mayor closed the meeting to public comment.
After discussion, Mr. Killen moved to adopt the findings and conclusions of the Area of City
Impact Planning and Zoning Commission and to approve the amendment to the zoning map.
Mr. Colton seconded and the motion carried unanimously.
Old Business
12. Water System Improvements - Pay Request No. 7 to MASCO Inc. After discussion, Mr.
Martens moved to approve Pay Request No. 7 in the amount of $188,752.23. Mr. Eckhardt
seconded and the motion carried unanimously.
13. Water Treatment Plant - Application for Payment No. 1 to Contractors Northwest, Inc. After
discussion, Mr. Eckhardt moved to approve Application for Payment No. 1 to Contractors
Northwest, Inc. in the amount of $100,083.60. Ms. Arp seconded and the motion carried.
14. Resolution No. 29-95 Consenting to Annexation and Inclusion - McCall Fire Protection
District. After discussion, Mr. Colton moved to adopt Resolution No. 29-95. Mr. Martens
seconded and the motion carried unanimously.
15. Urban Redevelopment Agency Vacancies. Mr. Shimun reported that only Ken Twergo had
applied and there were three vacancies. After discussion, staff was instructed to placed the
matter on the January 25, 1996 agenda.
16. Acceptance of RFP for Grant Administration - South Loop Water Improvements. Mr. Shimun
gave a report, noting the proposals had been received from J.P. Stravens, Ida -Ore, and Walter
Steed. He considered all qualified and recommended Ida -Ore. Mr. Colton moved to accept the
proposal of Ida -Ore. Ms. Arp seconded. At a roll call vote, Mr. Colton, Ms. Arp, Mr. Eckhardt,
and Mr. Killen voted "aye" and Mr. Martens abstained.
New Business
17. Appeal of Personnel Action - Clayton Dye. The council took up the appeal it had heard earlier
in executive session. Mr. Dye was present. It was noted that even though the Personnel Policy
Manual had been adopted, it was clear that some department heads and employees were not
aware of its contents. After further discussion, Mr. Martens moved to reinstate Mr. Dye without
back pay and subject to a strict probation requiring compliance with an alcohol rehabilitation
program determined the his counselor and that the city manager set up and monitor the
probation. Mr. Colton seconded and the motion carried unanimously.
18. Alcoholic Beverage License Renewals. Mr. Henderson gave a report and presented a list of
applicants. He noted that all applications were in order. Mr. Martens moved to approve the
license renewals. Ms. Arp seconded and the motion carried unanimously.
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McCall City Council
December 21, 1995
19. Acceptance of Deeds - Rio Vista No. 2. The council noted a letter from County Engineer Les
Ankenman enclosed to right-of-way deeds for Carmen Drive where it crosses lots 24 and 25. Mr.
Colton moved to accept the deeds. Mr. Killen seconded and the motion carried unanimously.
20. Urban Forester Agreement. The council noted a proposal from West Central Highlands
Resource Conservation and Development (RC & D) to hire a professional forester who would be
available to participants to advise on urban forestry matters. After discussion, the council by
consensus decided to hire a local forester whenever the need arises.
21. West Central Highlands RC & D Dues for 1996. After discussion the council determined that
staff could approve this matter.
Consent Calendar
The council acknowledge receipt of the following:
22. Payette Lakes Water & Sewer District - City Contract Report
23. Letter to Pay Lakes Water & Sewer District from Bill Keating on Commercial Grease Traps.
24. Letter to Michael Peck, Mountain Power Electrical Contractors from Richard Orton regarding
Lift Station #8.
25. Public Notice regarding Urban Redevelopment Agency Openings.
26. Letter to Gary Shimun from Timothy Duffner, Idaho Department of Lands, concerning Mill Park
Subdivision Dock Application.
27. Letter to Dean Martens from John West, Falcon Video Communications on Realignment of
Channels serving McCall.
28. West Central Highlands RC & D Area Committee Meeting Minutes of November 25, 1995.
29. Report to Rick Welch, West Central Highlands Council, from Russel Manwaring, US
Department of Agriculture, on Issues and Activities for August - December 1995.
30. Letter to Peter O'Neill, O'Neill Enterprises, from Richard Kinder, Toothman-Orton, Regarding
South Loop Waterline.
31. Letter to Mayor and City Council from Michael Moore, Moore and McFadden, Concerning
Wastewater Facilities Loan.
32. Letter to Gary Shimun from Larry Craig, US Senate, on Subcommittee on Forests and Public
Land Management - Senate Energy and Natural Resources Committee.
33. Letter to Dean Martens from Dirk Kempthorne, US Senator, regarding State and Local Public
Health.
34. Petition from Special Relief -Falcon Video Communications - Cable Services Bureau
35. Letter to Mike Moore, Moore & McFadden, from James Henderson regarding LID No. 2-
Riverside Subdivision.
36. Resolution No. 24-95 regarding Amending Personnel Policy Manual.
37. City Planning and Zoning Commission Minutes of December 5, 1995.
38. Imaging Marketing News Article - Case Study of Canofile Use at City Hall
39. Action Update dated December 21, 1995.
Staff Reports
40. City Manager.
a. The council noted a written report.
b. Grant Assistance Agreement and Certification of Compliance with Grant Conditions.
After discussion Mr. Killen moved to approve the agreement and authorize the mayor to sign.
Mr. Martens seconded and the motion carried unanimously.
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McCall City Council
December 21, 1995
c. V.A.L. U.E.D. Mr. Shimun reported that he had received a request Larry Smith,
Chairman of V.A.L.U.E.D. for a resolution reaffirming the city's continued support and
affirmation. Staff was directed to prepare a resolution for the next agenda.
41. City Attorney.
a. The council noted a written report.
b. Mr. Burton reported that he had received an inquiry from the county prosecutor
suggesting that the Board of County Commissioners should appoint the members of the Area of
City Impact Planning and Zoning Commission.
c. Reported that he intended to take 3 days vacation the following week.
d. Reported that he was meeting with Dale Points regarding the use of city land by the
McCall Fire Protection District.
e. Reminded the council that it was time for his annual performance appraisal.
42. City Clerk -Treasurer.
a. Resolution No. 28-95 amending the amount of interim financing authorized for LID
No. 5. Mr. Henderson gave a report. After discussion, Mr. Martens moved to adopt Resolution
No. 28-95. Mr. Eckhardt seconded and the motion carried unanimously.
b. Resolution No. 30-95 authorizing the destruction of records. Mr. Henderson gave a
report. Mr. Killen moved to adopt Resolution No. 30-95. Mr. Colton seconded and the motion
carried.
c. Change Order No. 1- Carico LID. Mr. Henderson gave a report. Mr. Colton moved to
approve Change Order No. 1 adding $1,200 to the contract with P&M Excavators. Ms. Arp
seconded. At a roll call vote, Mr. Colton, Ms. Arp, Mr. Martens, Mr. Killen and Mr. Eckhardt
voted "aye." The motion carried.
d. Partial Pay Request No. 2 - P&M Excavators. Mr. Henderson gave a report. Mr.
Eckhardt moved to approve Partial Pay Request No. 2 in the amount of $126,646.66. Mr. Killen
seconded and the motion carried unanimously.
Mayor and Council Comments and Reports
43. Ms. Arp.
a. Requested that staff research the tapes of the earlier meetings with respect to the
Riverside L.I.D. and identify what commitment, if any, that the prior council made to construct
roads in the LID.
b. Noted that she would be attending the AIC training for newly elected officials in Post
Falls on January 5th.
c. Noted a program for "Honor Roll" for women's workplace issues and suggested that the
city apply using last year's change in the city's health insurance plan to include families.
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McCall City Council
December 21, 1995
44. Mr. Eckhardt. - Noted that a dumpster had been placed on the public right-of-way at 3rd and
Lake and suggested that staff contact Lakeshore Disposal to have it removed.
45. Mr. Killen.
a. Asked that status of the ownership of the Christmas Decorations. Mr. Shimun reported
that he owed a return phone call to Harriett Jorgensen on the matter and had no resolution yet.
b. Asked whether or not DOT was going to reopen the file on the McCall Alternate Route.
Staff reported that no answered had been obtained.
c. Asked about the status of Comprehensive Plan and was informed that the joint
commissions would finish their work in early January, but it still needed a lot of work.
d. Asked the status of hiring a City Engineer. Mr. Shimun reported that 15 or 16
applications had been received and copies had been distributed to other members of the staff for
review and that a meeting was scheduled in early January to make a selection.
e. Asked if the city had an ordinance requiring property owners to clear snow from
sidewalks and was informed that the city's ordinance applied only to property west of 3rd Street.
f. Noted that the Water Quality Council was behind since the federal representative was
furloughed during the federal budget conflict.
g. Noted that January 25th was the date that the agreement with Mr. Carey expired and the
city could cancel on that date. He suggested that the members of the council consider how to
respond if an extension was requested.
46. Mr. Colton. Had no report.
47. Mr. Martens. Read a letter concerning sidewalks from Dan Collins. The letter had been left in
the council chambers sometime before the meeting.
Adjournment
48. Without further business, Mr. Colton moved to adjourn. Mr. Eckhardt seconded and the motion
carried unanimously. The council adjourned at 12:30 A.M. December 22, 1995.
A1"1EST:
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