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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 Council Minutes -Aug 27, 1998.doc Page 1 of 10 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. Council Minutes - Aug 27, 1998.doc Page 2 of 10 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. Council Minutes - Aug 27, 1998.doc Page 3 of 10 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 Council Minutes - Aug 27, 1998.doc Page 4 of 10 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. Council Minutes - Aug 27, 1998.doc Page 5 of 10 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. Council Minutes - Aug 27, 1998.doc Page 6 of 10 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. Council Minutes - Aug 27, 1998.doc Page 7 of 10 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. Council Minutes - Aug 27, 1998.doc Page 8 of 10 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. Council Minutes - Aug 27, 1998.doc Page 9 of 10 ATTEST: �J C3Q) r V/IA Cherry dbury, City Clerk0 Kirk Eimers, Mayor Council Minutes - Aug 27, 1998.doc Page 10 of 10