HomeMy Public PortalAboutCouncil Minutes 1996 02/29MINUTES
McCall City Council
Regular Meeting
Thursday, February 29, 1996
Call To Order And Roll Call
1. The meeting was called to order at 7:05 by Mayor Killen
Messrs. Eckardt, Martens, Killen, Colton and Ms. Arp answered the roll call.
Minutes Of Previous Meeting(s)
3. Minutes of February 20, 1996 - Regular Meeting Ms. Arp moved to approve the minutes.
Mr. Colton seconded and the motion carried unanimously.
4. Minutes of February 15, 1996 - Special Meeting Mr. Martens moved to approve the
minutes. Ms. Arp seconded and the motion carried unanimously.
5. Minutes of February 8, 1996 - Special Meeting Mr. Martens moved to approve the
minutes. Mr. Colton seconded and the motion carried unanimously.
Payment Of Claims
Vendor Invoice Approval List Report Dated February 26, 1996 Mr. Colton moved to
approve the claims listed. Mr. Martens seconded. Mayor Killen called for discussion.
There was no discussion and the motion carried unanimously.
7 Payroll Register Dated February 13, 1996 Mr. Eckhardt moved to approve payroll
register. Ms. Arp seconded and the motion carried unanimously.
8. Payroll Register Dated February 27, 1996 Mr. Martens moved to approve payroll
register. Mr. Colton seconded and the motion carried unanimously.
Public Hearing(s) Noticed For 7:15 P.M.
9. Mayor Killen stated that there were no public hearings noticed.
Public Comment
10. Mr. Shimun introduced the new city engineer, Jacqueline DeClue.
11. Mayor Killen read proclamation for Staff Appreciation Week, honoring all those who
contribute to the education of the children of McCall, Lake Fork and Donnelly. Council
approved signing the proclamation.
12. Employee Grievance - Sports Club Membership Mayor Killen requested that the employee
grievance item be brought forward. After discussion, Council set the evening of March
14th as the hearing date and recommended that the meeting start at 6:30pm with an
hour blocked out to discuss this item.
13. Request For Adjustment Of Utility Account Mayor Killen brought forward Mr. Gore's
request on his utility account. Mr. Gore was given a copy of the city's response to
review.
Board, Committee And Commission Minutes Requiring Action
14. City Of McCall Planning & Zoning Commission Minutes Dated February 20, 1996
- Riverside Subdivision Alley Vacation & Replat Mr. Shimun made a report based on the
findings and conclusions. Mr. Shimun pointed out on a map the alley portion to be
vacated. Discussion took place on the width of the street, and it was noted that the replat
would be improvement over the existing plat. Mr. Burton commented that design and
configuration were part of the prior approval of the entire LID concept.
Mr. Eckhardt moved to adopt the findings and conclusions of the Planning Commission.
Ms. Arp seconded and the motion carried unanimously.
15. City of McCall Planning & Zoning Commission Minutes Dated February 6, 1996
- Townley Administrative Appeal Mr. Martens requested a report on the status of the
appeal. Mr. Burton noted there had been an appeal, and Mr. Shimun stated that the
Planning and Zoning Commission makes decisions, not recommendations on appeals.
Council noted that a hearing would be noticed.
Old Business
16. Agreement For Municipal Acceptance Of Utilities And Grant Related Easements
- Brown's Industries, Inc. The mayor opened this item for discussion. Mr. Burton stated
that this agreement provides for relocation of the lift station in connection to the East
Highway 55 LID and connection of pipes through the property. Action was required
formally accepting the utilities into the city system, accepting the easements, and making
the agreement effective as of September 15, 1995.
Mr. Martens moved to approve. Mr. Cohen seconded. At a roll call vote, Mr. Martens,
Mr. Colten, Mr. Eckhardt, Mayor. Killen, and Ms. Arp voted "aye".
17. Mutual Aid Agreement Between Cascade and McCall Mr. Shimun commented positively
on this long awaited agreement. Mr. Colton moved to approve the agreement. Mr.
Martens seconded and the motion carried unanimously.
18. Kalman Closing And Disbursement Of $200,000.00 To Title Company Mr. Burton
presented data on disbursement to be made. With the exception of minor changes being
made to legal descriptions, the title company has given approval. The Chair entertained a
motion to disburse funds and Ms. Arp so moved. Mr. Colton seconded and the motion
carried unanimously.
19. Memorandum Of Agreement - J Lateral Mr. Shimun initiated the discussion and
requested a summary of past events by JUB Engineering. Mr. George Wagner presented
a review of project phases and increased costs. Mr. Shimun reviewed concerns about
achieving a win -win agreement. Funding to complete the project from start to finish is of
major importance. Mr. Burton and Mr. Shimun concluded that they can not advocate the
current proposals as a good deal.
Mr. Ken Roberts, Cascade Reservoir Coordinating Council, presented financial data on
their participation in the project. He reviewed information on soils in the area and water
flow into Cascade Reservoir. Mr. Roberts stated his concern that the High Rate Land
Application Systems would not be successful in this area. He noted that draft agreements
are being reviewed, and welcomed any comments or proposals by the City. Mr. Roberts
noted that negotiation would occur with the land owners as a unit, and not individually,
which Mr. Burton and Mr. Shimun agreed was a positive change..
Mr. Randy Phalen, Natural Resources Conservation Service, reiterated that the various
proposed agreements were only drafts.
Mr. Mike Smith, Division Of Environmental Quality, discussed the flow of water through
soils. Discussion took place on conditions of discharge and the extension of the permit
date to June 1, 1999. Mr. Martens questioned requirements of the TMDL vs permit
requirements. Mr. Smith stated that the permit has force of law. Mr. Burton pointed out
permit constraints, such as 0 discharge. Mayor. Killen inquired if J Ditch goals were met,
would city be subject to permit. Mr. Smith replied that the permit would expire but EPA
would still have emergency discharge requirements.
Mr. Ted Whitman, Payette Lakes Water And Sewer District, reviewed a list of
uncertainties, especially as to the actual cost of the expanded J Ditch project. He agreed
with Mr. Burton and Mr. Shimun's position for hesitating to proceed with the project as
recently proposed. Mr. Whitman stressed that the additional $5M from Congress was an
uncertainty. He discussed the High Rate System vs discharge into the Payette River. He
felt that going with the High Rate System, downstream concerns would have to be
addressed, and that approval from the DEQ will be a battle. He stated that the wet
meadow concept was working in other cities in Idaho and other data showed that the High
Rate System was favorable. He expressed concern for the wording of the TMDL and said
that removal of 100% phosphorous from the discharge was technologically impossible
without literal distillation.
Mr. Barry Albert, NRCS, stated that the purpose of meeting was to get major issues
resolved and get draft agreements on paper. He referenced a report on phosphorous, and
stated that more research was needed in this area.
Kirby Vickers referenced an University of Idaho report that concluded High Rate Systems
should be considered. He pointed out that with DEQ approval, a study could be done of
the High Rate System. Mr. Vickers outlined potential course of action for a 6 month
study to determine if High Rate Systems approach is feasible.
The Chair entertained motion to recess for 5 minutes
Ms. Arp so moved. Mr. Colton seconded and motion carried.
Mayor Killen asked for further discussion on project.
Mr. George Wagner felt that there remained room for negotiation on the J Ditch project.
He thought defining parameters and costs for High Rate System would be helpful
Mayor Killen summarized that J Ditch was probably the best solution if there were no
constraints, but that there were major trade offs. He felt that the High Rate System would
be more attractive long term as J Ditch only addresses a 20 year period. Mayor Killen
agreed with doing a study on the High Rate System and that the goal of the Council was
still to eliminate direct discharge to the river. He requested that negotiations continue to
try and obtain a win -win agreement.
Mr. Ken Roberts made closing comments on 60 day stay before funds would be
distributed and that $1M was available if a plan was in place.
20. Request For Adjustment Of Utility Account Mr. Gore felt that his account had been
double billed and that a payment amount was not posted. Mayor Killen requested that Mr.
Henderson revisit the issue and review billing and payments.
21. Extension Of Lease Agreement For Sports Marina Mr. Steve Millemann felt the lease to
be acceptable with issue of discussion on rent to be determined. Discussion on the lease
renewal concluded with agreement to a term ending in 2004, plus not to exceed three 10
year renewals. Mr. Colton moved to approve lease agreement with changes. Mr.
Eckhardt seconded. At a roll call vote, Mr. Colton, Mr. Eckhardt, Mayor Killen, Mr.
Martens and Ms. Arp voted "aye".
22. Appointment Of New Golf Course Superintendent Mr. Shimun stated that Mr. Larry
Newland had declined the position.
New Business
21. Professional Services Contract - Ida Ore Planning and Development Association Mr.
Shimun requested approval of contract. Mr. Martens so moved. Ms. Arp seconded. At a
roll call vote, Mr. Martens, Ms. Arp, Mayor Killen, Mr. Eckhardt, and Mr. Colton voted
"aye".
22. Resignation - Sue Davidson, Planning & Zoning Clerk Mr. Shimun stated that this gave
opportunity to explore possibility of hiring certified planner. Discussion took place on
cost and means of funding under current budget and in the future. Mr. Eckhardt stressed
that if funds were available it would serve community and city well to hire a professional.
23. Request By DEQ For Return Of $20,000 For Second Opinion Under Grant Discussion
initiated on $1M funds from grant and possibility of city contracting directly for second
opinion under grant thus, permitting city to be client. Council request that Mr. Shimun
write DEQ for clarification on city responsibility to obtain second opinion.
24. Assignment And Assumption Of Leases - Anderson And Wooten Mr. Shimun summarized
that this item needed Council approval. Mr. Killen moved to approve. Mr. Eckhardt
second and motion carried unanimously.
25. Lease Agreement - Central Idaho Interpretive Museum And Visitor Center Mr. Martens
raised question as to the right to enter premises. Explanation given by Mr. Burton. Mr.
Martens moved to approve. Mr. Colton seconded and the motion carried unanimously.
26. City Of Bellevue Request For Flood Financial Aid After discussion, Council passed on this
item, stating it was without authority to make gifts.
Consent Calendar
The Council acknowledged and commented on the following items:
27. Notice From Jim Henderson - Delinquent Certificate - LID No. 1
It was noted that some notices were incorrect. Mr. Henderson to review and verify data.
28. Letter To John Larson, Old Town Market, From Jim Henderson Regarding Sewer
Capitalization And Utility Charges
29. Letter To Kitty Gurnsey, Idaho House Of Representatives, From Ted Burton Concerning
Hookups To Dity/District Sewer Lines
30. Letter To Jim Henderson From Dirk Kempthorne, Senator, On Telecommunications
Reform Legislation Regarding Local Rights -Of -Way
31. Letter To Jim Henderson From Helen Chenoweth, Member Of Congress, On Conference
Report To HR 1555, Communications Act Of 1995
32. Letter To City Council From Lawrence Dawson, Cana Vineyards - Application For Wine
License
33. State Insurance Fund Report Of Claims
34. Letter To L A Lammerman From Mildred Miller, ICRMP, Insurance Claim Against City
35. Notice To All ICRMP Subscribers From James Furniss, Administrator, Re Key For
Monthly Claims Loss Run
36. Valley Soil And Water Conservation District Newsletter
37. Memo To Council Members From Arin Nesbitt, WCH RC&D, On Info Regarding Rural
Economic And Community Development Agency
38. Five Year Paving Plan Prepared For Council And Submitted By Bill Keating
Mr. Martens suggested that press releases be made to notify the public of areas and
timeframes for paving.
39. Memo From Pamela Lowe, Idaho Transportation Department, Concerning Corridor
Preservation Legislation
40. Letter To Chuck Winder, Idaho Transportation Board, From Bill Killen Re Alternate
Route
41. Payette Lakes Water & Sewer District City Contract Report
42. Letter To Gary Shimun From Troy Campbell, Toothman-Orton, On South Loop Water
Line - DEQ Letter Of Certification
43. Letter To William Freeman, Idaho Department Of Health and Welfare, On South Loop
Water Line
44. Memo To Department Heads From Gary Shimun Outlining Accountability And Reports
45. Memo To Gary Shimun From Bill Keating On Estimated Cost For Staff & Equipment -
Winter Carnival 1996
Mr. Eckhardt noted that costs had gone down which was positive.
46. Letter To Bill Killen From Michael Murphy Regarding Snowmobiles On City Streets
47. McCall Transportation Committee Minutes Of January 24, 1996
Mayor Killen stated he had contacted all members and that agreement was reached that
if/when new members were appointed that all current members would assist with the
transition period. Mayor Killen also commented that two current member may continue
on the committee. It was also noted that the committee had submitted bike trail standards.
for review
48. Packet To Gary Shimun From Robert Robichaud, US Environmental Protection Agency,
Re NPDES Permit No. ID-002023-1
49. Letter To Joy Palmer, Idaho Department Of Health & Welfare, From Gary Shimun
Concerning Mixing Zoning Evaluation Request
50. Letter To Bill Killen and Gary Shimun From Sue Higgins, Idaho Transportation
Department, Commenting On Alternate Route
51. Heartland Alternative High School Publication
52. Letter To Gary Shimun From Kathy Holley, Central District Health, Notifying Of Meeting
Change And Topic Of Cascade Reservoir
53. Letter To Gary Shimun From Yvonne Ferrell, Idaho Department Of Parks And
Recreation, On Idaho Recreation Needs
54. Letters To Gayle Wilde And Twila Hornbeck, Idaho State Legislature, From Gary Shimun
Requesting Consideration On Funding Needed Recreational Facilities
55. Packet To Gary Shimun From Joy Palmer, Division Of Environmental Quality, On Policy
On Flexible State Enforcement Responses To Small Community Violations
56. Letter Of Thanks To Council From Hal Sager, Snow Sculpting Championship.
57. Memo From Michael Smith, Division Of Environment Quality, On Snowfluent
Wastewater Treatment Process
58. Letter To Gary Shimun From Jeff Huber, Rep Shavers, Concerning Extension Of
Grandfather Rights
59. Oversight Committee Minutes Of February 15, 1996
60. US Army Corps Of Engineers Public Notice
61. Letter To Gary Shimun From Joy Palmer, Division Of Environmental Quality, Requesting
Funds Contracted For Upgrade Of Wastewater Treatment Plant
62. Notice Of Urban Redevelopment Agency Openings
63. Note Of Resignation To City Manager From Peggy Wheatcroft, Downtown Business
District Committee
64. Action Update
Call For Additional Items
Staff Reports
65. City Manager
a. The Council acknowledged a written report.
b. Mr. Shimun initiated discussion on returning $1M to State Treasurer and referenced his
letter to Joy Palmer. After input for Council, it was determined response to be governed
by grant agreement.
c. Mr. Shimun informed Council that the Recreation Director position notice did not get
published in time and that recruiting would continue for 30 more days. Currently
recreation programs and plans are being developed for the season by Craig Baker.
66. City Attorney
a. The Council noted a written report.
b. Mr. Burton commented on the ACLU's letter pertaining to the city's drug testing
policy. Mr. Burton will continue research of cases and formulate reply to the ACLU.
67. City Clerk/Treasurer
a. The Council noted a written report.
b. Mr. Henderson had requested approval for a handcheck to cover the cost of postage
for the month. Mayor Killen moved to approve. Ms. Arp seconded and the motion
carried unanimously.
c. Mr. Marten commented on the Idaho City Clerks And Finance Officers Association
Minutes and pointed out the accounting for meals and use of city vehicles. Mr. Shimun
responded that he and Mr. Henderson had had discussion on these items.
68. Public Works Director - No report.
Additional Item
69. The Golf Course Committee Minutes supplied by Mr. Shimun were added to the agenda.
Council discussed fees and the use of only 18 holes during the all tournaments. Other
items in the minutes were deferred until Council could review. Mr. Martens moved to
approve the golf fees and offer the early bird special until March 29th. Mayor Killen
seconded and the motion carried unanimously.
Mayor and Council Comments and Reports
70. Mr. Eckhardt - After discussion on the three open Urban Redevelopment Committee
seats, Mr. Eckhardt made motion to go to the committee as a whole. Mr. Martens
seconded and made motion to appoint two candidates, John Russell and Rick Fereday.
Motion carried unanimously. Mayor Killen so appointed to confer. Mr. Martens moved
to approve. Mr. Eckhardt seconded and motion carried unanimously.
71. Mr. Martens commented that steps for release and review of the comprehensive plan are
in the works.
72. Mr. Colton advised Council that he will be absent the end of March until first of April.
73. Mrs. Arp initiated discussion of forming a committee to address issues and potentially set
guidelines for snowmobile use within City limits. It was felt that all parties who had input
pro and con should be contacted regarding serving on the committee.
74. Mr. Killen had no further comments.
Adjournment
75. Without further business Mr. Eckhardt moved to adjourn. Mayor Killen seconded and the
motion carried unanimously. The Council adjourned at 11:45 P.M.
ATTEST:
William M. Killen, Mayor