HomeMy Public PortalAboutCouncil Minutes 1997 10/09CITY OF MC CALL
MINUTES
Regular Meeting
McCall City Council
Thursday, October 9, 1997
Table Of Contents
Call To Order And Roll Call 2
Public Comment 2
Water Service Shut -Offs - Kirk Eimers 2
Heartland Home 2
Mather Road Sewer Project 2
Consent Agenda 4
Unfinish Business 4
Right Of Way Grant Deed - Thomas and Leann Carsen 4
New Business 4
Urban Renewal Committee 4
Local Option Tax 4
Notice Of Appeal And Petition For Review On NPDES Permit 5
Ordinance No. 717 5
City Code On Water Utility 5
Contract Change Omer - Deinhard & Thula 5
Proposed Ordinance No. 716 5
Resolution No. 10-97 5
Grant Deed For Deinhard Right Of Way 6
Reconsideration Of Contract Change Order - Deinhard & Thula 6
Ordinance No. 701 6
-Rellignation Of Lance Eckhardt 6
Gymhastics Program For Children In Outlying Areas 6
City Water Intake Building 6
Group Life Insurance Proposal 7
Jessica's Mexican Restaurant 7
City Manager Applications 7
Spring Mountain Ranch Road Paving 7
Compensation 8
JUB Invoice For Mather Road Sewer, Water And Street Improvement 8
Lift Station No. 9 8
Staff Reports 8
Mayor And Council Comments And Reports 8
Adjoumment 9
MINUTES
Call To Order And Roll Call
The meeting was called to order by Mayor Killen at 7:00 p.m.. Mr. Martens, Mr. Killen, Mr. Colton, and
Ms. Arp answered the roll call. Mr. Ekhardt were absent. A quorum was present. Members of the staff
present were Acting City Manager Jim Henderson, City Attorney Ted Burton, and Acting City Clerk
Cherry Woodbury.
Public Comment
Mayor Killen noted the withdrawal of the Heartland Home application for a Conditional Use Permit.
Mayor Killen opened the meeting to public comment. The following were brought forward and heard:
Kirk and Helen Eimers read a letter into the record pertaining to water service shut -offs. Mr. Martens
inquired about the shut-off timeframe and appeal process. Mr. Burton pointed out that there was a
hardship provision and appeal process already in the City Code.
Heartland Home
Phil Gilman, Samson Trail homeowner, expressed concern about how the facility and parking area would
be sited on the property and how the single family character of the neighborhood would be maintained.
He commented on the application as it was submitted to P 8 Z with regards to the size and number of
residents and possible changes to those restrictions.
Dan Krahn expressed concem with the number of possible residents that the Idaho Code will allow. Mr.
Burton commented that the building plans show the number of rooms and that the parking area is treated
as any other residence. Mr. Colton recommended that the City Engineer contact the Assisted Living
Agency.
Steve Millemann commented that the P & Z as well as the applicant were unaware of the State statue,
but are now fully informed.
Mather Road Sewer Project
Bob Bracher, Elliot Scott Earthmoving, apologized to the Council and requested the bid security bond be
returned. Mr. Burton presented the options available to Council. Council will review documents at a
future meeting.
Consent Agenda
The following items were on the consent agenda:
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" M i n u t e s O f S e p t e m b e r 2 3 , 1 9 9 7 - S p e c i a l M e e t i n g
" M i n u t e s O f S e p t e m b e r 1 1 , 1 9 9 7 - R e g u l a r M e e t i n g
" V e n d o r I n v o i c e A p p r o v a l L i s t R e p o r t D a t e d O c t o b e r 6 , 1 9 9 7
" P a y r o l l R e p o r t D a t e d S e p t e m b e r 2 6 , 1 9 9 7
" P a y r o l l R e p o r t D a t e d S e p t e m b e r 2 3 , 1 9 9 7
" P a y r o l l R e p o r t D a t e d S e p t e m b e r 9 , 1 9 9 7
" P a y R e q u e s t M a d e B y J i m H e n d e r s o n , A c t i n g C i t y M a n a g e r
* R e q u e s t N o . 1 F o r $ 1 6 4 , 5 0 1 . 4 3 T o R o b e r s o n C o n s t r u c t i o n - D e i n h a r d t R e a l i g n m e n t
" F i n a l P a y R e q u e s t a n d C h a n g e O r d e r M a d e B y J a c k i e F i e l d s , C i t y E n g i n e e r
* R e q u e s t N o . 4 F o r $ 1 7 , 0 1 4 . 1 1 A n d c h a n g e O r d e r N o . 3 T o B e z a t e s C o n s t r u c t i o n - E a s t
L a k e S t r e e t W a t e r A n d S e w e r I m p r o v e m e n t s
" F i n a l P a y R e q u e s t M a d e B y J a c k i e F i e l d s , C i t y E n g i n e e r
* R e q u e s t N o . 2 F o r $ 4 , 2 0 3 . 8 0 A n d C e r t i f i c a t e O f F i n a l C o m p l e t i o n T o T u r n - K e y I n c . -
L i f t S t a t i o n # 6
" P r o g r e s s P a y E s t i m a t e # 8 M a d e B y J i m H e n d e r s o n , A c t i n g C i t y M a n a g e r
* J D i t c h P i p e l i n e F o r $ 3 0 , 1 3 8 . 3 7
* J D i t c h O n F a r m I r r i g a t i o n F o r $ 2 2 , 0 6 7 . 0 9
M s . A r p m o v e d t o a p p r o v e t h e C o n s e n t A g e n d a . M r . C o l t o n s e c o n d e d a n d t h e m o t i o n c a r r i e d
u n a n i m o u s l y .
U n f i n i s h e d B u s i n e s s
R i g h t O f W a y G r a n t D e e d
M r . B u r t o n c o m m e n t e d o n t h e a g r e e m e n t w i t h T h o m a s a n d L e a n n C a r s e n f o r a r o a d r i g h t o f w a y a n d
r e c o m m e n d e d a c c e p t a n c e o f t h e d e d i c a t i o n . M r . K i l l e n m o v e d t o a c c e p t t h e g r a n d d e e d . M r . M a r t e n s
s e c o n d e d a n d t h e m o t i o n c a r r i e d u n a n i m o u s l y .
N e w B u s i n e s s
U r b a n R e n e w a l C o m m i t t e e
M r . B u r t o n r e p o r t e d o n t h e n e e d t o a p p o i n t a m e m b e r t o t h e c o m m i t t e e t o f u l f i l l L a n c e E c k h a r d t ' s
v a c a n c y . M r . K i l l e n c o m m e n t e d t h a t t h e r e w e r e t w o v a c a n c i e s a n d t h a t a n y o n e i n t e r e s t e d i n s e r v i c i n g
o n t h e c o m m i t t e e w o u l d b e w h e r e t h e " r e a l a c t i o n " i s i n t h e d e v e l o p m e n t o f t h e c i t y .
L o c a l O p t i o n T a x
D a n K r a h n p r e s e n t e d a n u p d a t e o n t h e c o m m i t t e e ' s r e c o m m e n d a t i o n f o r a l o c a l o p t i o n t a x . H e s t a t e d
t h a t t h e c o m m i t t e e f e l t s t r o n g l y t h a t t h e r e s h o u l d b e p u b l i c i n p u t . M r . K i l l e n s u g g e s t e d t h a t t h i s w o u l d b e
a g o o d t o p i c f o r a t o w n h a l l m e e t i n g . M r . M a r t e n s i n q u i r e d a s t o t h e a m o u n t o f d o l l a r s t h a t w o u l d b e
g e n e r a t e d a n d e x p e n s e s i n c u r r e d . D a n K r a h n r e p o r t e d t h a t c o n s e r v a t i v e e s t i m a t e s w e r e $ 1 8 0 , 0 0 0 g r o s s
a n d $ 1 5 0 , 0 0 0 n e t p e r y e a r . H e n o t e d t h a t t h e c o m m i t t e e h a d r e c o m m e n d e d t y p e s o f p r o j e c t s t h a t t h i s
i n c o m e w o u l d b e s p e n t o n .
M s . A r p a n d M r . M a r t e n s i n q u i r e d a b o u t t h e F e b r u a r y 1 9 9 8 e l e c t i o n t o p r e s e n t t h i s t a x o n t h e b a l l o t . M r .
K i l l e n r e c o m m e n d e d T h u r s d a y , N o v e m b e r 1 3 , 1 9 9 7 , a t 7 P M a s t h e d a t e f o r a s p e c i a l c o u n c i l m e e t i n g a t
t h e G o l f C o u r s e C l u b h o u s e t o c o n s i d e r t h e o p t i o n t a x c o m m i t t e e r e c o m m e n d a t i o n s . T h e c o u n c i l f e l t t h a t
t h e F e b r u a r y e l e c t i o n w o u l d t o o p t i m u m b e c a u s e i t c o u l d b e c o m b i n e d w i t h t h e h o s p i t a l e l e c t i o n .
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Mr. Killen suggested that copies of the committee's recommendation be available at City Hall. Dan
Krahn offered to work on compiling packets with the code section and recommendation for distribution.
Notice Of Appeal And Petition For Review On NPDES Permit
Mr. Burton reported on the city's request for reconsider and/or contest conditions imposed on the city in
NPDES Permit No. ID-002023-1 which requires elimination of 100% phosphorous in the effluent
discharge. Mr. Killen inquired about the terms and conditions of our discharge limits for 1998.
Ordinance No. 717
Mr. Burton reported on ordinance relating to physical location of water meters. Mr. Colton commented
that the water committee's findings may have additional material to incorporate into the ordinance. Mr.
Burton stated that this ordinance only deals with the physical location of the meter. Ms. Arp moved to
suspend the rules and read by title only and one reading only Ordinance No. 711. Mr. Killen seconded.
At a roll call vote Ms. Arp, Mr. Killen, Mr. Colton and Mr. Martens voted "aye". Mr. Burton read
Ordinance No. 717 by title only. Mr. Martens moved to approve Ordinance No. 717. Ms Arp seconded
and the motion carried unanimously.
City Code On Water Utility
Mr. Button stated that this was a copy of the City Code pertaining to regulations for water utility. Mr.
Killen made the following comments on several sections. Section 6-2-020 - How is the 300 foot distance
in that section measured? Section 6-2-040 - Does it mean someone can not have a well or a well for
potable water? This needs to be clarified. Mr. Burton commented that it is encouraged to have wells for
irrigation purposes. This seems to be in conflict with Section 6-2-020. Section 6-2-150 - Mr. Killen felt
the penalty of a misdemeanor was too harsh.
Mr. Colton commented on the provision in the code for hardship and this option can be excerised with
the current water rate issue.
Contract Change Order - Deinhard & Thula
Mr. Henderson reported on the change order from Roberson Construction pertaining to relocation the fire
hydrant and that it could potentially present a safety hazard. Mr. Colton moved to approve Change
Order No. 2. Ms Arp seconded and the motion carried unanimously.
Proposed Ordinance No. 716
Mr. Henderson reported that LID No. 3 - SMR- assessments are to be paid in annual installments. This
ordinance addresses assessments for large sections of land that will now be divided into parcels/lots and
the assessment allocated among each parcel/lot within that larger section. Ms. Arp moved to suspend
the rules and read by title only Ordinance No. 716 and hear one ready only. Mr. Colton seconded. At a
roll call vote Ms. Arp, Mr. Colton, Mr. Martens and Mr. Killen voted "aye".
Mr. Burton read Ordinance No. 716 by title only.
Ms. Arp moved to approve Ordinance No. 716. Mr. Colton seconded. At a roll call vote Ms. Arp, Mr.
Colton, Mr. Killen, and Mr. Martens voted "aye". The motion carried unanimously.
Resolution No. 10-97
Cherry Woodbury reported on the resolution designation judge and clerks for general city election in
November and the compensation for duties performed. Mr. Colton moved to approve Resolution No. 10-
97. Mr. Martens seconded and the motion carried unanimously.
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Grant Deed For Deinhard Right Of Way
Mr. Burton reported on the grant deed by Dorothy Bryning for the Deinhard right of way. Mr. Killen
moved to accept the grant deed. Mr. Martens seconded and the motion carried unanimously.
Reconsideration Of Contract Change Order - Deinhard 8 Thula
Mr. Martens moved to reconsider this item already discussed by council. Ms. Arp seconded and motion
carried unanimously.
Mr. Martens inquired as to what brought about this change order which also incurred additional costs.
Mr. Henderson stated that the necessity to relocate the fire hydrant was not considered in the original
construction plan. Mr. Burton commented that this is an unavoidable expense. Mr. Killen moved to
reapprove Change Order No. 2. Mr. Colton seconded and the motion carried unanimously. Council
directed staff to check with the City Engineer to verify the additional costs incurred.
Ordinance No. 701
Mr. Henderson reported on this ordinance relating to the unexcused absences of council members. Mr.
Killen commented that with the resignation of Lance Eckhardt that this ordinance is a non -issue and
recommended that council wait until or if it becomes a problem in the future.
No motion was required and no action taken.
Resignation of Lance Eckhardt
Mr. Killen noted Mr. Eckhardt's resignation letter. Mr. Martens moved to accept Mr. Eckhardt's
resignation. Mr. Killen seconded and the motion carried unanimously.
Mr. Killen inquired about fulfilling the vacancy position. Mr. Burton stated that the council could appoint
a member to serve until January 1st or could elect not to appoint anyone at this time. Mr. Arp noted the
general election timeframe and that the highest vote getter could fulfill the vacancy after the election.
Council agreed this might be the best course of action with Mr. Killen's medical situation.
Gymnastics Program For Children In Outlying Areas
Mr. Henderson requested that this item be withdrawn. The city had been notified by Adams County
expressing interest in sponsoring a program of its own.
Mr. Martens commented that Mr. Peckham, Recreation Director, should focus on programs in the McCall
area. He stated that a program might not support itself and that the city taxpayers might then be
subsidizing an out of area program. Mr. Killen stated the need to get the city programs on solid financial
base.
City Water Intake Building
Steve Millemann gave a report on the water intake building at Shore Lodge. Shore Lodge is proposing to
make improvements on the roof over the building. The proposal is limited to just the exterior of the
building and the interior will be addressed later. Improvements will not interfere with the city required
use of the pump now or in the future. Mr. Burton commented that M Resorts is interested in installing an
irrigation pump in the future.
Mr. Killen moved to allow the negotiations to proceed. Mr. Colton seconded and the motion carried
unanimously.
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Group Life insurance Proposal
Mr. Henderson presented the backgound on the group health insurance for city employees and the
adoption of a self insurance fund. He stated that the fund has accumulated money and that this could be
used towards a group life insurance policy. Ms. Arp inquired about other options available - other than
life insurance which all employees may not want.
Kermit Peterson was present and stated that approximately $23,000 had accumulated in the fund. He
stated that most group policies include health, dental, eye care, life insurance, and disability. Mr.
Peterson presented a comparison proposal. Mr. Killen inquired about shifting the funds and using
elsewhere. Mr. Killen posed the question - Is there a want to use the funds for an additional benefit, do
nothing with the funds, or used the funds elsewhere? Mr. Henderson commented that disability seemed
less attractive than life insurance.
Council directed staff to contact employees for input. Council agreed to revisited this issue during the
budget period.
Mr. Henderson reported on a request for account adjustment for 530 Lenore and 525 Part A 8 B. Mr.
Colton moved to accept staff's recommendation for approval. Ms. Arp seconded and the motion carried
unanimously.
Jessica's Mexican Restaurant
Mr. Henderson reported on the application for a wine and beer license. Mr. Martens moved to approve
the application. Mr. Colton seconded and the motion carried unanimously.
City Manager Applications
Mr. Killen reported that 79 applications had been received.
Mr. Martens present the idea of using a citizens committee to review applications during the screening
process. He suggested that similar questions be posed to each candidate. It was discussed that the
interviews are open to the public and that a social hour for the public to meet the final candidates be
scheduled. The newspaper will be contacted about letting interested citizens know to contact City Hall by
October 23rd.
Mr. Martens suggested looking at the timeframe to complete the process and suggested that the new
council make the final selection for City Manager.
Mr. Killen moved for a 10 minute recess. Ms. Arp seconded and the motion carried unanimously.
Council recessed at 9:15 PM and reconvened at 9:25 PM.
Mr. Killen noted the following additional items
Spring Mountain Ranch Road Paving
Mr. Henderson reported that this was presented at a prior meeting by Gary Shimun and pertained to
paving extended past the cottages. Pay Request No. 5 had been submitted by P & M Excavators in the
amount of $18,570.12. Mr. Killen moved to approve the additional amount of $9,806.37 which is the
city's portion due for the additional paving. Mr. Colton seconded and the motion carried unanimously.
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Compensation
Mr. Henderson submitted to council the memo proposing compensation for his current position as Acting
City Manager. There was discussion as to which department or fund the expense would be appropriated
from. Mr. Killen moved to approve the additional compensation of $150.40 per pay period effective
September 5, 1997. Ms. Arp seconded and the motion carried unanimously.
JUB Invoice For Mather Road Sewer, Water And Street Improvement
This item under the Correspondence and Information Section should have been under New Business.
Mr. Martens moved to approve the payment of $5,455.61 to JUB. Mr. Killen seconded and the motion
carried unanimously. There was discussion regarding the total amount and if there was still an
outstanding balance. Accounts Payable will be contacted to verify payments to JUB.
Lift Station No. 6 And Lift Station No. 9
The item regarding lift station no. 9 was under the Correspondence and Information Section should have
been under New Business. There was discussion on the findings by Kevin Hubbel, the state electrical
inspector, who inspected lift station no. 6. It was recommended by Toothman Orton, David Powell's
letter dated August 28th, that lift station no. 6 continue to operate as designed and constructed and that
no modifications to the lift station electrical system take place. Included in discussion was the pay
request for $262.96 to JUB for preliminary design work on lift station no. 9. Mr. Killen moved to approve
continued operations of lift station no. 6 and pay request for lift station no. 9. Mr. Colton seconded and
the motion carried unanimously.
Staff Reports
Interim City Manager
- A written report was noted.
- Mr. Killen questioned the tax base - that it was higher than what had been using. Mr. Henderson
explained that new construction was over $13 million instead of $11 million and noted the drop in levy.
City Attorney
- Mr. Burton commented on the Appeal & Petition of Review in response to the EPA's denial for an
evidentiary hearing on the terms of the NPDES permit. Mr. Burton had presented to Senator
Kempthome's office the hardship involved.
- Mr. Burton discussed the Sally Sloan sign and that the city had won the battle but lost the war. Mr.
Burton presented the options available to council - to consider the Sloan appeal or remand it to Planning
and Zoning. Discussion took place on implementing an ordinance with more specific standards and that
the advisory committee will be recommending a set of standards.
- Mr. Burton noted the agreement with Valley County Prosecutor appointing each to deputy positions.
- Mr. Burton requested vacation October 20th - 31 st (2 weeks). Council approved Mr. Burton's
request.
Mayor And Council Comments And Reports
Ms. Arp inquired about the next steps on finalizing the Comprehensive Plan. Jackie DeClue reported
that Andy Locke was developing a schedule for livingroom meetings and the need to prepare a survey
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similar to Myles Rademan's. There was concern that no final schedule for completion was determined.
Mr. Killen suggested that something happen each month to keep visibility of the plan.
Ms. Arp inquired about the blue curbs near the Post Office. The Police Department is to resolve this
matter.
Mr. Martens inquired about the Deinhard - Boydstun project. Jackie DeClue reported that McCall has
been placed on the 5 year priority list to receive funds. Mr. Killen cautioned that that construction plans
can be made but can not let bids and contract without funding - that there is only $1 million available for
construction and that $3.3 million is still a maybe and not yet appropriated.
Mr. Martens also commented on the following items
- The renovations of 300 Stibnite Street and 306 North Third Street
- The letter to Ed Parker from Jim Kangas requesting return of city property
- The small communities improvement program and what if McCall grows to more than 2500
population
- Noted that the Department of Commerce has a report of water rates statewide
- Inquired about the Osprey Court dump site
- Stated that complaints about the front desk receptionist such as noted in Nan Keto's letter had been
going on for years
Mr. Killen commented that the #7 green at the golf course was still a mess and needed to be cleaned
up.
Mr, Killen stated he had been receiving letters weekly about the speed limit coming into the East end of
town. It was reported that the Transportation Advisory Committee had addressed this issue and opposed
lower the speed on Highway 55 to 25 MPH in that area of Lake Street. Ms. Arp inquired into the
reasoning behind that decision and learned that reason was based on driving speed comfortable for road
and state highway.
Mr. Colton commented that it was time for input from snowmobilers and to revisit recommendations of
last year. Inquired if maps, stickers, etc. are available for this year.
Mr. Colton inquired about how many shut-off notices are sent. Mr. Henderson stated that reminder cards
are fist sent and range about 200 which was about the same as before the new rates. Certified letters
(shut-off notices) have increased from about 35 to 60 per month.
Adjournment
Without further business, Mr. Colton moved to adjourn. Ms. Arp seconded and the motion carried
unanimously. The Council adjourned at 10:55 PM.
ATTEST:
William M. Killen, Mayor
Cherry+dbury Acting City Clerk
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