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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