HomeMy Public PortalAboutCouncil Minutes 1998 08/27CITY OF MC CALL
MINUTES
Regular Meeting
McCall City Council
Thursday - August 27, 1998
Table Of Contents
Call To Order And Roll Call 2
Budget Review 2
4
AB 98-117 Prosecuting Attorney........................................................... 4
AB 98-120 Property & Liability Insurance ................................................ 4
AB 98-122 Disannexation Of Williamson Property .................................... 5
AB 98-104 VAC 98-2 6tn Street........................................................... 5
AB 98-121 VAR 98-1 Hanna............................................................... 6
AB 98-124 McCall Air Taxi.................................................................. 6
AB 98-125 Anderson To Wooten.......................................................... 7
AB 98-126 Brian Charles.................................................................... 7
AB 98-127 Water Rate Exception Policy ................................................ 8
AB 98-128 City Clerk Position.............................................................. 8
Adjournment g
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MINUTES
Call To Order And Roll Call
The meeting was called to order by Mayor Eimers at 6:05 p.m.. Ms. Arp, Mr. Colton,
Mr. Eimers, Mr. Muller and Mr. Venable answered the roll call. A quorum was present.
Members of the staff present were City Manager Brian Olson, Treasurer Ashley Royal,
City Attorney Dave Bieter and City Clerk Cherry Woodbury.
IBudget Review
i
Mr. Olson opened discussion on the budget. He recommended that the Golf Fund be
taken under advisement and deteriorated by about $100,000. The goals was to get the
cash flow positive, but this had not yet been achieved.
Mr. Muller noted that the Golf Fund had been subsidized from the General Fund by
about $200,000. He stated that since it was an Enterprise Fund, it was not designed to
be supplemented. Mr. Eimers stated he would prefer to go with the lower budget now
and decide during the winter months what action to take.
Ms. Arp noted that expenditures had increased in the Golf Fund and discussion
followed on closely reviewing all figures. Council requested that Mr. Pi!lard break out
expenditures for this fall from those for next year.
Mr. Royal summarized allocations of property tax and that portion going to the airport
hangers. Mr. Olson noted that there will be requirements of the City for match funding
of approximately $76,000 which was not included in the budget.
Ms. Arp inquired about the Airport Manager's contract. Mr. Olson pointed out that there
were no major projects scheduled for the next year which would leave more time for
operational duties by the manager.
Mr. Olson also pointed out that the insurance coverage premium on the Airport was
less than the Golf Course because the hangers are privately owned and the owners
carry their own insurance. The City does not need to insure the hanger buildings.
Rick Fereday spoke on pressing the County on the Airport Tax Levy that was passed
by Council. He stated that this would generate about $50,000 that would be
designated to build the infrastructure fund. He noted that fuel flow fees should be up
and that the depreciation appeared to be part of the $105,000 deficit. Mr. Eimers
requested that a line item be created showing funds owed.
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Mr. Fereday felt that the bike lane expense of some $131,000 should not be charged to
the Airport. Council agreed that they did vote for the bike lane and that property taxes
would pay for it if FAA did not cover the expense. The amount, however, was not
included in the budget figures. Mr. Olson stated available funds to cover the expense
still have not been found.
Rick stated support for the Airport Manager's request for a pay increase and suggested
making that a full time position with benefits. Mr. Muller inquired how the requested
salary increase would covered and asked if the Airport could raise funds for that
expenditure. Mr. Fereday felt that the County should realize the Airport was vital to
transportation into and out of the area.
Mr. Muller inquired about the management transfer from other funds. Mr. Royal noted it
was for support from City personnel.
Discussion followed on Finance and Administrative Department costs, on Police
Department line item figures such as projected overtime and capital expenditures, etc.
Ms. Arp inquired about the number of personnel for the water treatment plant and noted
that a full employee cost was coming out of the budget. Mr. Olson stated that Public
Works was down one FTE. There was discussion on how allocation was between
Public Works and the water treatment plant. Ms. Arp would like to see this allocation
documented before the budget is adopted.
Mr. Eimers moved to recess for 10 minutes. Mr. Colton seconded and the motion
carried. The meeting reconvened at 7:10 p.m.
Mr. Eimers called the meeting to order and opened the floor to public comment.
Cheryl Roberson inquired about the letter sent regarding timely payment for work
completed. She inquired about final pay request #6 in the amount of $143,240.41. Mr.
Olson stated it had been submitted to the FAA and should be ready to process at the
next Council meeting. Ms. Roberson inquired about payment for Change Order #3
pertaining to the bike paths. Mr. Olson explained that this was not funded and will
come out of City funds.
Irwin Mulnick spoke for the Ice Skating Association and their efforts to obtain a
permanent site and to get plan underway for this coming winter. He commented on the
future goal to get a permanent building for this sport. He stated that there were two site
the association was interested in, those being in the Riverfront Park area and the
cemetery property between the old and new Deinhard Avenue. Mr. Olson suggested
that this issue be put on the agenda at a future meeting. Mr. Colton suggested that the
association meet with Parks and Recreation Committee.
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Consent Agenda
1
AB 98-109
AIP 06
Minutes Of July 29, 1998 — Special Meeting
Minutes Of July 20, 1998 — Revised Pages 5 & 6
Invoice Approval Reports Dated July 24, 1998
Hand Check For Sept Utility Billing
Seubert Construction Pay Request #5
AB 98-112 Finding & Conclusions Of The Council
Shore Lodge
AB 98-113 Lease Agreement
Swinford
Corrections to the minutes were noted. There were some questions concerning
invoices which were answered. Mr. Colton moved to approve the Consent Agenda.
Ms. Arp seconded.
IBusiness
i
AB 98-117 Prosecuting Attomey
Mr. Olson presented proposals by Mr. Roats and Mr. Wilcox. Mr. Colton inquired about
the letter received from Judge Williamson. Mr. Eimers commented that Judge
Williamson had called to express support for Mr. Roats due to his close proximity and
availability to the courts, Police, etc. Chief Donica also expressed support for Mr.
Roats.
Mr. Colton moved to approve the contract with Mr. Richard Roats as proposed. Mr.
Muller seconded. At a roll call vote Mr. Colton, Mr. Muller, Mr. Venable, Ms. Arp and
Mr. Eimers voted "aye". The motion carried. Mr. Colton noted that the Wilcox proposal
was a full time attorney and for Council to keep this in mind for the future.
AB 98-120 Property And Liability Insurance
Mr. Olson presented two bids received for insurance coverage. He introduced Marcia
Wing from Fred A. Moreton & Co. Ms. Wing presented the history and background on
the company. She stated that the company competes directly with ICRMP. She stated
that deductibles are slightly different and vary between departments. There is no stop
loss clause of $4,000 as with the prior coverage through ICRMP. Ms. Wing
commented that St. Paul Insurance offers a great coverage plan and are the best to
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work with. She reported that a seminar will be held in Lewiston in October for Risk
Management and invited staff.
Mr. Bieter inquired about the process when a suit was brought against the City. Ms.
Wing explained the company process for handling both suits and claims.
Mr. Muller moved to accept the bid of Fred A. Moreton and authorize the Mayor to sign.
Mr. Colton seconded. At a roll call vote Mr. Muller, Mr. Colton, Ms. Arp, Mr. Venable,
and Mr. Eimers voted "aye". The motion carried.
AB 98-122 Disannexation Of Williamson Property
Mr. Locke presented a summary of the issues on this matter. He took exception to
Williamson letter and comments that the City does not provide services. Mr. Locke
stated the services provided and the potential for reannexation in the future.
Max Williamson did not agree with Mr. Locke's comments regarding annexation. Mr.
Williamson did not believe that the property will be developed in the future. He felt that
the property met the 4 requirements for disannexation. Mr. Eimers inquired as to the
reason for disanexation. Mr. Williamson stated that the property was in the PUD that
never happened. Mr. Williamson stated that this could be do the civil way via Council
which would be more cost effective or has the option to take it to District Court.
Mr. Bieter read language from the statue referring to City services. After some
discussion, Mr. Bieter commented that the City may choose what course of action it
likes. Mr. Muller inquired what precedent would this set. It was learned that the
property was already part of the City and this was known when purchased. Mr.
Venable inquired as to how long it had been part of the City. Mr. Williamson estimated
it became part of the City back in the 1960s. Mr. Colton expressed his view on
annexation and was not in favor of doing that process.
Mr. Venable moved to disannex the property. Mr. Colton seconded. At a roll call vote
Mr. Venable and Mr. Colton voted "aye". Ms. Arp, Mr. Eimers, and Mr. Muller voted
"nay". The motion failed.
AB 98-104 VAC 98-2 Vacation Of 6th Street
Mr. Locke commented that this involved some legal issues. Mr. Bieter addressed the
Council and stated that this was not a clear issue. He stated that the City was given
the right-of-way to the property and he was reluctant to say one half of that should be
given away to someone not originally included. Mr. Bieter stated that in good faith the
Council could do as it saw fit.
Amy Pemberton representing Mr. McNair stated that Tom McCall originally owed both
pieces of property before granting it to Mr. McNair. Tom McCall granted the street to
the City. Ms. Pemerton suggested dividing the street in half and allocating that portion
to each party of the adjoining property.
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Mr. Bieter stated that after vacation, the Council could grant the request to vacate with
such restrictions as deemed necessary. Mr. Locke stated that Mr. Charlton and Mr.
Miller were the other property owners and did not submit a response.
Mr. Colton moved to divide the street per IC 50-311 (1/2 to each side). Mr. Muller
seconded. Mr. Bieter suggested amending the motion to include preparation of the
Finding and Conclusions. The motion was amended as suggested. The motion carried
unanimously.
AB 98-121 VAR 98-1 Hanna
Mr. Locke presented the information on the reduction of the setback from the street and
the proposed house.
Ms. Arp moved to accept the Findings and Conclusions of the P & Z Commission
denying the application. Mr. Muller seconded and the motion carried unanimously.
AB 98-123 Pole Sign
Mr. Locke presented the background on this issue. He stated that the free standing
pole sign be removed per the P & Z Commission. The customer wants to leave the
pole portion. Mr. Locke stated that it would still be within the right-of-way.
Mr. Venable noted that the customer was to provide a survey and this was not received
by Mr. Locke.
Ed Bird, cafe owner, agreed that a sign should not be in the right-of-way. He presented
the history on various owners and signs for the property. He stated that the lighted
sign had been taken down and the pole cut off 2 feet, leaving the address portion.
Mr. Locke noted the Commission's recommendation for the sign to come down.
However, Mr. Locke felt Mr. Bird's request to leave the remaining address portion was
reasonable.
Mr. Colton noted that the P & Z Commissions have still not resolved just such issues in
the proposed sign ordinance.
Mr. Muller moved to allow Mr. Bird to have the sign with the modifications as stated.
Mr. Eimers seconded. The motion carried with a vote of 4 to 1.
Mr. Locke stated that the current process was to bring customers into conformance as
cases came up, instead of requiring conformance by a certain date.
AB 98-124 McCall Air Taxi
This item was removed from the agenda.
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AB 98-125 Anderson To Wooten
Mr. Bieter stated this was similar to the previous Consent Of Lease Assignment. He
stated that it makes the increase lease payment retroaction to date of assignment.
Ms. Arp moved to approve Consent to Assign and direct the Mayor to sign. Mr.
Venable seconded and the motion carried unanimously.
AB 98-126 Brian Charles
Mr. Eimers stated that Mrs. Charles had called the City on two separate occasions to
find out information regarding drilling a well. After several calls the Charles spent
$4,000 to drill a well and disconnect from the City line. Mr. Eimers commented that City
personnel could probably error and customer should not have to assume the brunt of
the error. Ms. Arp expressed concern that no one really knew who talked with whom.
Mr. Colton was bothered that the issue was not thoroughly investigated.
Mr. Eimers noted that the original distance from the City line was over the 300 foot
requirement and by Mr. Charles connecting to that line became within 300 feet.
Mr. Bieter commented that since there was an ordinance pertaining to this requirement,
as a general rule city and government entities are very limited as to exceptions that can
be approved. Mr. Bieter stated that customers receiving misinformation is fairly
common.
Mr. Colton mentioned a past situation involving erroneous information given out and
the Council still enforced the code requiring a building structure to be taken down.
Mr. Eimers moved to allow Brian Charles to disconnect from the City line without
penalty as a result of acting on advise from City staff. Mr. Muller seconded.
Mr. Bieter reviewed the ordinance and was unsure what document to prepare which
would not set a precedent.
Mr. Venable felt that further investigation should be done on how to handle this matter
legally. Mr. Muller and Mr. Colton wanted to give Mr. Charles the benefit of the doubt
but wanted to be able to do it legally. Mr. Bieter advised Council on the legality of
members abiding by the code and the potential criminal action.
Based on the legality of the matter, Mr. Eimers withdrew his motion. Mr. Muller
seconded the withdrawal.
Mr. Muller suggested that any future request such as this from a customer should be
obtained in writing and passed to the proper authority to respond. Council requested a
response on implementation of this process.
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Council instructed staff to work with Brian Charles to come to some resolution on this
matter.
Mr. Colton moved to recess for 5 minutes. Mr. Venable seconded and the motion
carried unanimously. The meeting reconvened at 10: 05 p.m.
AB 98-127 Water Rate Exception Policy
Mr. Royal presented the exception policy. Discussion followed on the various
exceptions, the suggestion to incorporate 20% in the allowance calculations, late
charge relief, and addition to policy for elderly on fixed income. Recommended
changes to the policy were to be taken under consideration.
This item was carried over and to go on the next meeting agenda.
AB 98-128 City Clerk Position
Mr. Muller moved to confirm the appointment of Cherry Woodbury as City Clerk. Mr.
Colton seconded. Motion carried with 4 "aye" and 1 "abstain".
Reports
I
Staff
City Manager
Nothing further to report
City Treasurer
- Gave update on new payroll outsourcing and training of staff personnel
- Mentioned new payroll clerk recently hired
Reported that the budget was being completed
- Stated that the General Ledger will be reviewed
Ms. Arp inquired about the Bezates appraisal and status of that matter. Mr. Eimers
responded that one appraisal was received and a second one was still pending.
City Clerk
- Reported that time and effort was being spent on cross training of personnel
City Attorney
- Requested that staff check with them before including legal documents in the packet
- Reported that the sidewalk ordinance was delayed and should be ready for the next
meeting
Ms. Arp inquired about the necessity to notice any personal services over $25,000 in
order to let the public know who the City was doing business with. Mr. Bieter stated he
was not aware of any such requirement, but would investigate and report back.
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Police Chief
- Reported that the IDT was to do a study for a light in the downtown area
- Noted that the speed limit was lowered to 25MPH in the Warren Wagon to Mission
area
Mr. Eimers inquired about the possibility of traffic being directed at the corner by the
Hotel McCall on a busy Saturday. Chief Donica commented that there was an idea for
a solution.
Council
Ms. Arp
- No further comments
Mr. Colton
- Confirmed next meeting of September 3rd on the budget
Mr. Muller
- No further comments
Mr. Venable
- Acknowledged the work and dedication that Mr. Royal had done on the budget
Mr. Eimers
- Mentioned the letter he wrote to IDT and the City's interest in starting the Deinhard
Connector project and the hope to tie up the land this year
- Stated that he will send another letter to IDT on the bike path
Ms. Arp inquired if the Consent Order had been signed by DEQ. Mr. Olson reported on
the status of the matter.
'Adjournment
I
Without further business, Mr. Colton moved to adjourn. Mr. Muller seconded and the
motion carried unanimously. The council adjourned at 11:10 p.m.
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ATTEST:
�J C3Q) r V/IA
Cherry dbury, City Clerk0
Kirk Eimers, Mayor
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