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HomeMy Public PortalAboutCouncil Minutes 1997 11/06CITY OF MC CALL MINUTES Regular Meeting McCall City Council Thursday, November 6, 1997 Table Of Contents Call To Order And Roll Call 3 Public Comment 3 Water and Sewer Hookup - Harold Beckett 3 J Ditch - Duane Smith 3 Appointment Of City Council Member 3 1998 Winter Camival Banners 3 Cottages At Spring Mountain Ranch 3 Comprehensive Plan Scheduling 3 Consent Agenda 4 Unfinished Business 4 Human Rights Commission - Sargent Vs City 4 New Business 4 Sunset Video Store 4 Community Skating Rink 5 Park And Recreation Committee 5 Skatepark Lease Agreement 5 Canvass Of Election 5 Sally Sloan Sign g City Manager Position g Library Board Vacancy 7 Request For Adjustment Of Utility - Ralph 8 Gayle Wilde 7 Request For Adjustment Of Utility - Rita Lyon 7 Request For Adjustment Of Utility - Roy Starr 7 Community Block Grant 7 Additional Vendor Invoice - Carl Hoss 8 Staff Reports 8 Mayor And Council Comments And Reports 9 Adjournment 9 MINUTES Call To Order And Roll Call The meeting was called to order by Mayor Killen at 7:00 p.m.. Ms. Arp, Mr. Killen, Mr. Colton answered the roll call. A quorum was present. It was stated that Mr. Martens will arrive later. Members of the staff present were Acting City Manager Jim Henderson, City Attorney Ted Burton, and Acting City Clerk Cherry Woodbury. Public Comment Harold Beckett expressed his dissatisfaction with the delay in obtaining approval for water and sewer hookup. He had not received from the Community Development Department the water and sewer capitalization fees as yet. Jackie Fields, City Engineer, responded that the fee could be calculated and presented at the next council meeting - scheduled later for November 10th. Duane Smith expressed concern about the disbursement of treated effluent water via the J Ditch. He had met with Dr. Nokes and there was some calculations that dispersing 360,000,000 gallons over 160 acres during a 4 month period was not feasible because, for one reason, the water table in the area is already high. He was concerned that the taxpayers are paying for something that won't work and wanted the situation investigated further. Appointment Of City Council Member Mr. Killen moved forward this item and requested that council appoint Kirk Eimers to fill the vacant seat on the council. Mr. Colton moved to go into session as a committee of the whole council. Ms. Arp seconded and the motion carried unanimously. Ms. Arp directed the mayor to appoint Kirk Eimers to the council. Mr. Colton seconded. Mr. Killen appointed Kirk Eimers to fill the vacant council seat. Ms. Arp moved to approve the mayors appointment. Mr. Colton seconded and the motion carried unanimously. Mr. Eimers accepted the appointment and was duely sworn in. 1998 Winter Carnival Banners Andy Locke reported on the request by Chamber of Commerce to use banners for advertising. The Chamber would like to do this on an annual basis but council did not commit to this. It was requested the banner display dates be from November 30th to February 15th. Mr. Colton moved to approve the display of banners from November 30th to February 15th. Mr. Eimers seconded and the motion carried unanimously. Cottages At Spring Mountain Ranch Andy Locke reported that this item had been canceled. Comprehensive Plan Scheduling Andy Locke reported that the first of February was targeted to have the subcommittees in place. Ms. Arp was concerned that the schedule only allowed for one date (a day and night session) for public input. She felt that allowed only a "one shot opportunity and that two separate dates would be more effective. She stated that there was already an accumulation of data over the years and that this should be gathered and offered to the subcommittee for use. 3 Consent Agenda The following items were on the consent agenda: • Minutes Of October 23, 1997 - Regular Meeting • Vendor Invoice Approval List Report Dated November 3, 1997 • Payroll Report Dated October 28, 1997 • Payroll Report Dated October 21, 1997 Ms. Arp inquired about the refund to Post Academy for $570.00. Mr. Henderson thought this pertained to the resource officer grant (it was later learned that it was a training grant that had not been use). The other item Ms. Arp inquired about was for 2 motors for the lift station. Mr. Colton Moved to approve the Consent Agenda. Ms. Arp seconded and the motion carried unanimously. Unfinished Business Policy On Human Rights Commission Complaints Mr. Killen raised the question of whether there should even be a city policy. Mr. Henderson gave background on the complaint against the city and that the first claim had been ruled in favor of the city. The city had received a letter from the Human Rights Commission concerned about the information being released to the press. Mr. Henderson stated that the employee had filed a 2nd complaint. Mr. Henderson recommended that the correspondence during such complaint be omitted and that just the final outcome be put in the council packet. Mr. Henderson also acknowledged the Star News letter pertaining to the right to know. Mr. Killen reiterated the difference between an employee disciplinary case and that of an employee taking action against the city. Mr. Killen was in consensus with the Star News position. He stated that council had only gone into Executive Session once in four years. Ms. Arp was in favor of a policy but felt that it may deter employees from filing. She also had received information on the Human Rights Commission stance of keeping the information private. Mr. Colton feft that a status report on such matters would be satisfactory. Tom Grote, Star News, stated that Human Rights Commission may be exempt from making information public and that he liked the idea of status reports for such situation. Mr. Eimers stated that he would want to know details, especially if there has been a 2nd filing. It was noted that if a particular council member did want details, these could be obtained from the department head. Council directed Mr. Henderson to draft a personnel policy to cover this matter. New Business Sunset Video Store Ken Fedders, owner, was upset that the building permits still have not been issued. He stated that he 4 was told that the plans did not meet state permit requirements and that an architect or engineer's stamp was needed. He continued with information that he had contacted both Boise and Pocatello and that they did not require that under certain circumstances. Since this was not on the agenda, Mr. Killen obtained council approval to take up this matter before proceeding further. The City Engineer stated that the city had been contacted by the state agency about two situations that had not met the requirement. Mr. Burton gave a brief of his understanding of the state statute for commercial and residential construction. It was stated that the City Engineer and Planner had called the Deputy Attorney General and left a message but that the call had not been returned. Mr. Killen suggested contacting Deputy Attomey General again and to go higher up in the department to discuss this matter. Mr. Colton suggested looking into how Boise and Pocatello were able to have options in the requirements. Mr. Fedders stated that he would fumish the City Engineer with the contacts he spoke to in Boise and Pocatello so that more information could be obtained. Mr. Killen suggested contacting the Boise Building Department and that there may be a simple solution to this matter. Mr. Eimers inquired about assigning action items and who was to take action - contacting Boise Building Department, Attorney General, etc. He also wondered if Boise was able to have an option, what then. What steps could McCall take to deaf with the matter in like fashion. It was stated that an ordinance could be written and heard at a special council meeting, if necessary. Community Skating Rink Curt Spalding thanked the council for their past cooperation in providing a location for the skating rink. Mr. Killen stated that the skating rink had come before the Urban Renewal Agency and had obtained approval. Ms. Arp moved to approve the skating rink location. Mr. Eimers seconded and the motion carried unanimously. Parks and Recreation Committee Bob Peckham reported on the appointment of Kerry Greene to the committee. Ms. Arp moved to go into session as a committee of the whole council. Mr. Colton seconded and the motion carried unanimously. Mr. Killen directed the mayor to appoint Kerry Greene to the Parks and Recreation Committee. Ms. Arp seconded. Mr. Killen nominated Kerry Greene to the committee. Ms. Arp moved to confirm the mayor's nomination. Mr. Colton seconded and the motion carried unanimously. Skatepark Lease Agreement Bob Peckham reported on the lease agreement to take over the old ice rink by the high school. Mr. Burton stated the need to explore the stability and maintenance of the structure with Mr. Peckham before proceeding further. Mr. Colton inquired about the cleanup to be done at the paintball park. Mr. Peckham stated that he had personnel who would do the cleanup. Canvass Of Election Jullie Eddins, election judge, reported on the results of the November 4th general election. Ms. Eddins requested that the following election results be entered into the minutes: - 1679 registered voters - 46 newly registered voters 5 - 1000 ballots were printed - 700 ballots were used - 300 ballots were unused - 42 ballots were issued to absentee voters - 3 spoiled ballots - 1 voted ballots not counted (selected 4 instead of 3 names) - I absentee ballot not returned - 2 ballots used to replace those marked with ink - 693 good ballots were cast Candidate results were: Randy Berg 53 Scott Davenport 242 Kirk Eimers 537 William Killen 252 Allan Muller 528 Henry Murillo Jr. 51 Ray Venable 347 Write Ins: Toni Ganzert 1 Dean Martens 1 Mike McCabe 1 Gail Verschor 1 Mr. Killen moved to accept the election tabulations provided, declare the results as final and to declare Kirk Eimers, Allan Muller, and Ray Venable as the new council members. Mr. Colton seconded and the motion carried unanimously. Mr. Martens arrived at 8:35 PM Sally Sloan Sign Ms. Sloan inquired if Planning & Zoning had made a recommendation yet to council per the court order. It was stated that the recommendation would be made at the next regular meeting. Ms Arp moved to recess for 6 minutes. Mr. Martens seconded and the motion carried unanimously. At 8:46 PM the meeting resumed. City Manager Position Mr. Killen requested that the search committee members join the council. He reviewed the process thus far noting that 81-82 applications had been received and some candidates had withdrawn. The applications were reviewed independently by the selection committee. Peggy Keiker pointed out that two applications had been stapled together and one of those did have experience and was from Pocatello. The Acting City Clerk documented each committee members vote/selection of the best candidates off the entire list of candidates. There were 38 names selected by the committee members. The top 11 with the most votes were noted. Mr. Martens inquired about the next step of the process and discussion followed about the reference verification, interview process, etc. Mr. Colton suggested taking the top 11 and have the committee members go back individually and rank each on a scale of 1 to 10 (10 being the highest). It was decided 6 that this would be done and that each committee member would tum the ranking into the Acting City Clerk by Monday, November 10th, at 10:00 AM. The Acting City Clerk would compile a spreadsheet from the rankings. The council agreed to hold a special meeting on Monday, November 10th, at 11:30 AM to review the outcome and determine the next course of action. Library Board Vacancy Mr. Jim Henderson reported on the nomination of Susie Reddick to the board. As Acting City Manager, Mr. Henderson made the nomination. Ms. Arp inquired as to the length of term. It was stated to be 5 years. Ms. Arp moved to confirm the nomination of Susie Reddick to the board. Mr. Colton seconded and the motion carried unanimously. Request For Adjustment Of Utility - Ralph & Gayle Wilde Mr. Henderson reported on the request for adjustment at 444 Rio Vista. Mr. Eimers commented that he felt the city was to provide a service to customers and that consideration should be given to the facts the customer presents. Mr. Martens pointed out that there is not set way to be consistent if consideration is given for leaks, etc. Mr. Martens moved to approve staffs recommendation to deny any adjustment. Ms. Arp seconded. Mr. Martens, Ms. Arp, Mr. Killen, and Mr. Cotten voted "aye". Mr. Eimers voted "nay". The motion carried. Request For Adjustment Of Utility - Rita Lyon Mr. Henderson reported on the request for adjustment at 703 Brown Drive. Mr. Eimers noted that there was a broken water line in this situation and felt so allowance should be granted. Ms. Arp moved to approve staffs recommendation to deny any adjustment. Mr. Martens seconded. Ms. Arp, Mr. Martens, Mr. Killen, and Mr. Colton voted "aye". Mr. Eimers voted "nay". Request For Adjustment Of Utility - Roy Starr Mr. Henderson reported on the request for adjustment at 259 Emesto Drive. Mr. Eimers noted that this leak as stated in the request was nine months old and there was time to correct the matter. He felt this was different than those with unknown/undetected leaks. Mr. Colton moved to adopt staff recommendation to deny any adjustment. Ms. Arp seconded and the motion carried unanimously. Community Block Grant This item was an add -on. The City Engineer reported that she and Mr. Burton were exploring the possibility of applying for a block grant similar to what Cascade had obtained and noted several things projects the funds would be used for (such as sidewalks, lighting, etc). Mr. Martens stated his concern that this appeared to be putting the "cart before the horse" and felt that the downtown master plan / Comprehensive Plan should be developed first. This would insure that the projects done with these funds would already be incorporated into the overall plan. There was also discussion about the desire to have council, community, and urban renewal involvement. It was noted by Mr. Burton that the grant funding process takes time and that the grant completion date was October 15, 1998. It was suggested that the city could initiate the grant process and submit the application and do in parallel with the downtown plan / Comprehensive Plan. Ms. Arp noted that this might be a good course of action rather than lose the match funding. It was stated that the grant funds would amount to about $500,000 maximum. It was also stated that if the application was done in parallel with the plan and the plan was not completed by the October 15th date, the grant application could be withdrawn. Mr. Martens was not opposed to doing this but strongly stated the need to get the plan completed first and not do projects "piece meal". Mr. Martens also felt that the downtown plan / Comprehensive Plan was taking too long and that with the current schedule it would be another 1 1/2 years from January 1998. There was 7 discussion about having the new City Manager or part time help take on some Planning & Zoning responsibilities until the Comprehensive Plan is completed. Mr. Killen moved to approve the staffs recommendation to apply for the grant. Ms. Arp seconded and the motion carried unanimously. Additional Vendor invoice This item was an add -on. It was an invoice to Carl Hoss, Golf Pro, for payment in the amount of $7,800.00 on his contract. Mr. Killen moved to approve the invoice payment. Mr. Martens seconded and the motion carried unanimously. Staff Re • • its Interim City Manager - J Ditch Project - Mr. Henderson reported on the J Ditch and DEQ reimbursement payments. There is a time lag which is causing payment problems. The contractor submits pay requests to the city, but the lag time results when the DEQ delays paying the city the appropriated funds. Mr. Henderson also explained that of the expected DEQ funding, the city only is actually receiving a portion of that. He stated that his calculations show a shortfall of around $200,000.00. He stated that the bond money was already depleted and that the challenge grant funds have already been spent. Mr. Burton commented on the pending court appeal relating to the city not being able to met the DEQ deadlines. Mr. Burton stated he had met with the Attorney General involved with the appeal and the DEQ to discuss where to go from this point and that a deadline extension may be possible once the reservoir agency is out of the picture. Mr. Burton stated that Mr. King, DEQ, persists that funding is available. Mr. Burton stated that George Wagner, JUB, worked through the numbers and sources of funding. Council felt that Mr. Henderson and Mr. King needed to have a meeting and reconcile the funding sources and amounts. Mr. Eimers requested an accounting from Mr. Henderson of all funding and where it has been spent. - Human Rights Complaint - Mr. Eimers inquired as to the complaint allegation and if the disgruntle employee was the same for the 2nd complaint. Mr. Henderson stated that it was a gender discrimination issue. - Mr. Henderson reported that Dale Points, Fire Chief, had concerns about the bike path on Park Street in front of the Fire Station. Ms. Arp noted the need to educate the public on the bike path and safety guidelines. Mr. Martens inquired about the maintenance of the bike path, signage, and winter use. He wondered if any of the path was going to be plowed for use by pedestrians. City Attorney - Mr. Burton commented on the aspects of grant funding and the involvement of a committee. He also reported on a meeting with Ida Ore and fair/affordable housing matters. Mr. Burton mentioned the potential of public involvement for such a committee and the need to address affordable housing in McCall. City Engineer Ms. Fields reported on the following The Mather Road project was complete The Comprehensive Plan compiled schedule Grant funding for sewer project over the next year Deinhard extension and the Idaho Transportation Department assistance (Mr. Killen suggested a written letter of thank you be sent) Ms. Arp also suggested a thank you for the 2.5 million funding 8 Mayor And Council Comments And Reports Mr. Martens inquired about using the contingency funds to take care of small projects at the end of the FY such as the erosion at Mill Park. Mr. Martens inquired about the Airport Manager position. Mr. Henderson reported that the committee had met, but had not responded as yet. Mr. Martens inquired about the Local Option Tax packets, advertising on the issue, and format of the meeting to be held on November 13th at the Golf Course Clubhouse. He inquired as to the status of the Sally Sloan sign and was informed that it has met the approval of the P & Z without the reader board. Mr. Martens commented on the Idaho Rural Water Association report and recommendations. He inquired if a thank you had been sent. (Acting City Clerk to send letter during month of November) Mr. Eimers commented that the city provides a service to its customers and should strive to be customer friendly and easy to deal with. He reported that the majority of the businesses felt the city was antagonistic towards them. Mr. Killen inquired about the #7 green at the Golf Course and the stair railing. Mr. Henderson reported he had learned the railing was being taken care of. Mr. Killen commented that any funds raised from the option tax should be ear marked for specific project. One thought was to contract with the Chamber of Commerce for promotional and advertising of McCall. Mr. Killen noted the committee and council seats he currently is holding and inquired about further city council members serving in those capacities. Adjournment Without further business, Mr. Colton moved to adjoum. Mr. Killen seconded and the motion carried unanimously. The Council adjourned at 11:40 PM. ATTEST: Vrm Cherry +bury Acting City CI Willie hf M. Killen, Mayor 9