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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. Page 2 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. Page 3 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. Page 4 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. Page 5 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: Page 6