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Council Minutes 1999 08/26CITY OF MC CALL MINUTES Regular Meeting City of McCall Thursday - August 26 , 1999 Table Of Contents Call To Order And Roll Call 2 Executive Session 2 Public Hearing — 1999-2000 Budget 2 Public Comment 3 Consent Agenda 3 Business 4 AB 99-80 Quaker Hill AB 99-64 Citizens Committee / Lagoon 5 AB 99-76 Facilitator Agreement 6 AB 99-77 Downtown Improvement Project 7 AB 99-78 Police Chief Appointment 7 AB 99-79 Building Permits 7 Reports 8 Executive Session 9 Adjournment 9 Minutes Aug 26.doc Page 1 of 9 MINUTES Call To Order The regular meeting of the McCall City Council was called to order by Mayor Eimers at 6:30 p.m. Ms. Arp, Mr. Colton, Mr. Eimers, Mr. Muller and Mr. Venable answered roll call. A quorum was present. City staff present were City Manager Bill Robertson, City Attorney Dave Bieter, and City Clerk Cherry Woodbury. Also in attendance were Police Chief Carla Donica and Administrative Assistant Chelsi Sholty. Executive Session Mr. Colton moved to go into Executive Session per Idaho Code 67-2345(b) to consider a personnel matter. Mr.Eimers Seconded. At a roll call vote Mr. Colton, Mr. Eimers, Ms. Arp, Mr. Muller and Mr. Venable voted "aye". The motion carried. Mr. Eimers moved to come out of Executive Session. Ms. Arp seconded and the motion carried unanimously. During Executive Session, a personnel termination matter was discussed. The matter will be on the September 9th meeting agenda in Executive Session at 6:00 p.m. Public Hearing AB 99-62 1999-2000 Budget Ashley Royal gave a presentation on the modified summary review sheets. Mr. Royal noted that the Airport Fund had been changed from an Enterprise Fund to a Special Revenue Fund. Ms. Arp inquired if this change required any action by the Council. Mr. Robertson explained the reasoning for the change. Mr. Royal noted that AIC and the auditors had been contacted to confirm that this change could be done. Mr. Royal presented the Cash Flow Analysis spreadsheets with figures for the current year and projected next year. It was determined in the current year the City was running in the black by about $176,000 in operating cash. The projected figures for next year showed increases in the Restricted Cash. Mr. Royal presented the Fund Balance / Retained Earnings Analysis spreadsheets for the current year and next year. The beginning fund balances, projected revenues, projected expenditures and ending fund balances were reviewed. Next year's figures showed a significant increase in capital expenditures in the Sewer Fund. Mr. Robertson and Mr. Royal noted that this budget would not require a tax increase and there would be a positive increase in the fund balances. Minutes Aug 26.doc Page 2 of 9 Mr. Eimers opened the floor for public input. Corey Wicks spoke on the budget. He commended the Council and staff for the cuts and reductions made. He felt the Paving Plan would be a good project to finance if and when funds become available. Dan Krahn would support taking the 3% allowed so that the reserve funds could be increased. He felt it would be short-sighted not to take the tax increase with all the legal matters pending. Ms. Arp stated that an increase could not be taken because the tentative budget had been set and the revenues could not be changed. Mr. Bieter later verified that once the tentative budget was set it could not go up but could go down. If an increase were to be proposed, the process would have to start over again with another tentative budget, publications, etc. Tobeia Walker suggested that the City have a Receptionist and Code Enforcement Officer. There was some discussion on the need and cost for paving and legal fees. Mr. Eimers felt with the sewer issue and potential rate increase, he would not favor a tax increase. Mr. Colton commented since the information was handed out at the meeting, he would like an opportunity to review it before making a decision. Ms. Arp felt there was time to postpone a decision and allow the public to review the information which would be available at City Hall. Council agreed to postpone the decision on the budget ordinance. It will be on the September 9th agenda. Public Comment None Consent Agenda Minutes of Aug 19, 1999 — Special Meeting Minutes of Aug 12, 1999 — Regular Meeting Invoice Approval List Dated August, 1999 Payroll Re-ort Dated Aug 13, 1999 Request For Hand Check For Utility billing Beer and Wine License Transfer — McCall Brewing Company Ms. Arp moved to approve the Consent Agenda as amended. Mr. Muller seconded and the motion carried unanimously. Minutes Aug 26.doc Page 3 of 9 Business AB 99-80 Quaker Hill Dave Bieter presented the information in the August 26th letter to the City from Moore, Smith, Buxton & Turcke. He stated appropriate conditions to be imposed would be those that fit the City ordinances. He stated the City Code does not specifically address a Master Plan. The City Code has specific requirements for a CUP. Mr. Bieter reported he had gone through all the conditions that the applicant's response addressed. Mr. Eimers suggested that Council take a 10 minute recess to read the City Attorneys written comments in the August 26th letter. Eimers suggested each condition be reviewed and discussed by Council. Mr. Eimers moved to recess for 10 minutes. Ms. Arp seconded and the motion carried unanimously. Council reconvened at 8:55 p.m. Ms. Arp commented that the conditions should be considered based on pedestrian and traffic safety, demand for public services, noise, environmental considerations, development patterns and land use intensities. Council reviewed and agreed upon the following: * Characterization and filing of appeal - do not need to be addressed * Parking requirements - there currently is ample parking spaces * Fire provisions —this is already taken care of * Landscaping — Quaker Hill would be responsible only for disturbance of landscape on the camp property. Landscaping requirements would be the same as any other property owner along the Scenic By -way. The provision to do landscaping on the entryway will remain. * Signage on crosswalks — the camp location is in a mixed zone between City and County so responsibility for the cost of signage is undetermined. The provision for signage is reasonable because of the intensity of use the camp creates. Council agreed that signage should be there but Quaker Hill should not pay for it — must be City or County * Quiet hours — adopt hours of 10:00 p.m. to 7:00 a.m. that were suggested by Quaker Hill * Building 3C construction— this would increase the 368 person camp by an additional 240. Council agreed to leave reapplication as a condition * Noise associated with information and safety issues — condition was OK * Dirt roads — to be treated annually for dust control * Bus loading — in designated areas only * South side dock requirement — leave out * Family reunions — leave out * Occupancy restriction at shore property — limit to 60 people (35 on shore 25 in water) Enforce quiet hours - Noise will be restricted before 10:00 a.m. and after 7:00 p.m. — An exception would be for special events with a limit of 60 people and time extension Minutes Aug 26.doc Page 4 of 9 to 10:00 p.m. or by 48 hours prior notice to surrounding property owners and special events limited to 3 per month * Beach signage — Quaker HiII to be responsible for containing attendees / campers and boundary signs put up * Camp lighting — use Quaker Hill's wording on this condition * Public Infrastructure — delete as Quaker Hill to be treated the same as any other property owner — already in City Code for utility Mr. Colton moved to direct Mr. Bieter to prepare Findings & C as discussed tonight in preparation of approval at the Sept 9th Council meeting. Mr. Muller seconded and the motion carried unanimously. AB 99-64 Citizens Committee Bill Robertson presented a status report on the Committee's work. He reported the purpose was for the Committee to formulate what action the community would recommend or consider on the lagoon project. At the conclusion of the meetings a recommendation was made for the continuing involvement by a subset of the Committee . Scott Findlay, Committee member, presented the recommendation. He thanked the Committee members and Bill Robertson for their hard work. He also thanked Council for the willingness to form the Committee and take another look at this issue. He reviewed some of the highlights of the meetings and commented that sorting all the information out was exceedingly difficult. He noted that the good part was the Committee had insight from past issues and concerns on the project. Mr. Findlay stated the positive aspects of the Committee's proposal 1) it gave a working framework to bring resolution to the Phase II dispute, 2) it gave known costs of what the project will be — build a facility with only the amount of grant funds available, 3) it maximizes volume to build with the fund available, 4) all law suits and complaints would go away and are key elements in known cost of project, and it gave the City an opportunity to complete project by October 2000. Mr. Findlay felt the City was only 50% of way through the process of coming to a resolution. Mr. Findlay noted the four Committee members who would continue to work on the project ( Mr. Findlay, Mr. Whiteman, Mr. McKenna, and Mr. Anderson). It was felt that it would be mid Sept to the 1st of October before the outstanding issues were nailed down and project back underway. Ms. Arp inquired if the Engineering Board review was included and would be eliminated. Don Green commented that people opposing the project were in favor of the proposal and the suits with Blue Jay would go away. Mr. Eimers commented he was looking forward to rebuilding relations with the Sewer District. Mr. Eimers stated he would like Mr. Findlay and Mr. Anderson to prepare expense figures for the air transportation that was provided for Mr. Trout and thought the expense could come out of the Contingency Fund. Minutes Aug 26.doc Page 5 of 9 Mr. Eimers moved to adopt the plan's concept as presented by the Citizens Committee. Mr. Colton seconded. Mr. Venable inquired about previous project cost estimates and overruns by JUB and requested information be provided before agreeing to JUB's involvement on the lagoons. Mr. Venable commented that should JUB go over the proposed cost on the lagoon project would they eat the overrun. Mr. Findlay stated more engineering work was required and volume figure were not yet determined. Mr. Muller stated the if the project gets the needed approvals, the funding would be preserved. Mr. Venable noted the plan called for the maximum capacity with available funding but did not mention the cost of property. Mr. Findlay commented that after the land was purchased JUB would build whatever possible with the remaining funds. Mr. Venable stated he would like to see figures from JUB on past projects in order to determine what their past performance had been. He felt this would give some indication that JUB could do what they say. Mr. Muller stated he did not care who does the project, so Tong as it is completed within the limited funding and the taxpayers do not have to pay. He also felt the City Attorney needed to be kept involved. Mr. Robertson commented it would be City staff that would run the project. At the vote the motion carried 4 to 1. AB 99-76 Facilitator Agreement Bill Robertson presented additional hours of facilitation by Kim Trout and the associated costs. There was discussion whether this would be covered under DEQ grant funding left over from Phase I. Mr. Muller commented that the M Resort "stay" was extended by Mr. Trout. Mr. Bieter stated the "stay" was to be discussed under Executive Session. After some dialogue Mr. Bieter opt to discuss the issue in public. Mr. Trout was acting on behalf of City which was procedurally incorrect. Mr. Bieter stated this did not hinder the City, however. Mr. Bieter reported that all briefs were in and the case was ready to be argued. Mr. Bieter cautioned that the judge's decision would not come for 1 — 2 months. Mr. Robertson felt this did not present a problem as the City would have the winter months to address the "stay" issue. Mr. Bieter felt should the agencies not agree with the plan, arguing the "stay" might keep the agencies happy by demonstrating that the City was still proceeding with the other alternative (Bezates site). Mr. Eimers summarized the proposed course of action 1) delay action for now on "stay" 2) see if the Committee's plan could work, and 3) if the Committee's plan did not work continue action on the "stay". Mr. Eimers moved to approve the additional 40 hours for Kim Trout. Mr. Colton seconded. At a roll call vote Mr. Eimers, Mr. Colton, Ms. Arp, Mr. Muller, and Mr. Venable voted "aye". The motion carried. AB 99-77 Downtown Improvement Project Bill Robertson reported on the bid results. He noted the bids were not at or less than the engineering estimate. Minutes Aug 26.doc Page 6 of 9 Boise Paving and Warrington Construction were the bidders. Mr. Robertson presented information on the total budget of $731,878 for this project. He stated that there was an agreement and change order due to the cost of benches being included in Boise Paving's firgures. Change Order #1 would eliminate this cost and reduce the total contract price. The City would purchase the benches. Mr. Robertson recommended approval of Boise Paving. Mr. Colton moved to approve the contract with Boise Paving, notice of award and allow the Mayor to sign the contract including Change Order #1 contingent upon legal review. Mr. Muller seconded. At roll call vote Mr. Colton, Mr. Muller, Ms. Arp, Mr. Eimers and Mr. Venable voted "aye". Mr. Colton moved to approve the agreement and payment to Idaho Power in the amount of $51,772 and authorize the Mayor to sign. Mr. Eimers seconded. At roll call vote Mr. Colton, Mr. Eimers, Ms. Arp, Mr. Muller, and Mr. Venable voted "aye". Further discussion followed on the extension of undergrounding of utilities by Idaho Power. Mr. Robertson reported that IDT was willing to extend the improvement project to the Maverick station and Mt. Lakes Realty with funds scheduled for the year 2001. IDT would make the funds available this year. AB 99-78 Police Chief Appointment Bill Robertson reported on Chief Donica's resignation and selection of a new chief. He commented there were some candidates from within the department and within the County. Mr. Robertson stated, with a recommendation of Chief Donica, he would like to appoint Chris Moore as Acting Police Chief. Mr. Robertson stated he would present a formal recommendation in the near future. Mr. Robertson felt this position was extremely important. Mr. Muller moved to appoint Chris Moore according to staffs recommendation at $19.56/hour or $40,000 per year as Interim Police Chief effective August 28th. Mr. Eimers seconded and the motion carried. Mr. Colton abstained as one candidate was related. AB 99-79 Building Permits Bill Robertson presented the issue of the time frame for building permits if a moratorium was placed on the City. Mr. Bieter commented on the proposal and felt a formal document was needed. Mr. Bieter recommended this issue be addressed by an ordinance. Council directed the City Attorney to prepare an ordinance extending the time period on building permits. IReports i Staff City Manger - City P & Z requested Council consider the issuance of business licenses Minutes Aug 26.doc Page 7 of 9 Council felt this was a good idea and should be done by ordinance - Sept 8th at 2 p.m. at Community Park the kickoff of the Downtown Project would take place and include a photo shoot - Also Sept 8th there would be a meeting with IDT at 10:30 a.m. on the Boydstun / Deinhard - Sept 1st there would be a public hearing on closure of East Lake Street at 7:00 p.m. An ad for city Engineer was run and 4 responses were submitted and 1 past the cutoff date Will be talking with candidates Two firms would be outside and two want to be in-house Attorney - Riffles have proposed alternative resolution to problem with purchase of adjacent property - Udell update was given and the $1000 offer rejected Council recommend moving forward on the project and do nothing on the inside of jail and hope the issue will be resolved in the future - Commented that the Quaker Hill decision and process was well done on part of Council City Clerk - Nothing Council Ms. Arp - Would like to write to each Committee member a thank you Mr. Eimers to compile a letter for all of Council to sign - Inquired about recognition of Downtown Committee work on the improvement project Mr. Colton - Nothing Mr. Muller - Requested Council be notified of events like the farewell for the Police Chief Mr. Robertson was to get plaque Mr. Venable - Nothing further Mr. Eimers - Inquired about the possibility of a Citizens Committee to address the water issue - Would like to have Carl Hoss report on golf course revenues - Stated JUB billing of $183,000 was $153,000 and in the Council minutes Stated already paid $70,000 and $40,000 Minutes Aug 26.doc Page 8 of 9 Loss profit should go away if JUB comes back on the project - Appointment of Duane Smith to work with Tom Kerr on Ida Ore project To serve as Transportation Committee liaison Executive Session Discussion took place during the regular meeting on pending litigation. Adjournment Without further business, Mr. Eimers moved adjourn at 12:20 a.m. Mr. Venable seconded and the motion carried unanimously. ATTEST: Cherry dbury, City Clerk Kirk Eimers, Mayor Minutes Aug 26.doc Page 9 of 9