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HomeMy Public PortalAboutCouncil Minutes 2000 05/25MINUTES McCall City Council Regular Meeting Thursday, May 25, 2000 Table of Contents Call To Order and Roll Call Public Comment Consent Agenda Business Reports Executive Session Adjournment Page 1 of 11 May 25, 2000 City Council Minutes Mayor Muller called the regular meeting of the McCall City Council to order at 7:03pm. Ms. Arp, Mr. Muller, Mr. Colton, Mr. Eimers, and Mr. Venable answered roll call. A quorum was present. City staff members present were Attorney Susan Buxton, City Manager Robert Strope, City Clerk Cathleen Koch and Public Works Director Bill Keating. AB 00-55 and AB 00-56 were both added to the agenda. There were also additions to the warrant register. The Mayor called for public comment. Mary Clemmer, McCall resident, stated that she was attending the meeting on behalf of Bev Clark. They had signed a petition to get Fairway Drive paved along with other residents. Mr. Strope acknowledged the fact that he had received the petition and explained that he was developing a paving schedule that showed priorities. The public comments section was closed. The following items were listed on the consent agenda: · Minutes of May 4, 2000 Special Meeting · Minutes of May 11, 2000 Regular Meeting · Invoice Approval List Dated May 22, 2000 · Payroll Report for Pay Period Ending May 12, 2000 · JUB Pay Request No. 2 for the Period of March 12 - April 29, 2000 Ms. Arp asked how the staff members were keeping track of the work that Holladay Engineering completed. Mr. Strope explained that Bill Keating reviews the invoices. Mr. Keating, Mr. Kirkpatrick and Mr. Strope are the only staff members that are able to commit to projects with Holladay Engineering. Mr. Eimers asked about the current condition of Davis Street. Mr. Keating explained that it was being prepared for paving. The Council Members directed staff to check with Paul concerning the JUB pay request and confirm that it is within the budget. If it is over budget, the pay request must come back to Council for approval. Page 2 of 11 May 25, 2000 City Council Minutes Mr. Eimers moved to approve the Consent Agenda with the additions made. Ms. Arp seconded the motion. Ail Council Members voted aye. The motion carried. AB 00-54 Resolution 00-08 License Fees for Hawkers, Peddlers & Street Carnivals Ms. Koch presented the revised resolution for license fees. The annual fee would be $1500 for the period of May 25th through September 15th, both days inclusive. Mr. Eimers moved to adopt Resolution 00-08 for License Fees for Hawkers, Peddlers and Street Carnivals and authorize the Mayor to sign. Mr. Colton seconded the motion. At a roll call vote, Mr. Eimers, Mr. Colton, Ms. Arp, Mr. Venable, and Mr. Muller voted aye. The motion carried. AB 00-36 City Parks Agreement/Special Use Permit & Hawkers License with Ron & Lou Anne Gwartney Ms. Koch stated that a revised agreement was sent to City Council Members before the meeting. The proposed agreement allows the Gwartneys to use their umbrella cart anytime from May 25th through September 15th, both days inclusive in the City Parks or on Mr. Carey's property with his permission. The Gwartneys would be allowed to serve any food or beverage item that they are able to fit on their cart. Their trailer is reserved for special events only as outlined in the agreement and the attachment. City Council Members would like the City to have the right to approve the equipment and the hours of operation. Mr. Strope was given the authority to set the hours of operation and to approve the equipment. Mr. Colton moved to approve the City Parks Agreement and Hawkers License and authorize the Mayor to sign and have the City Manager correct the details discussed. Mr. Eimers seconded the motion. At a roll call vote, Mr. Colton, Mr. Eimers, Mr. Muller, Mr. Venable and Ms. Arp voted aye. The motion carried. AB 00-48 Lease of Land to the Rural Fire District Discussion Mr. Strope opened the discussion about the fire district requesting to lease the land for $1 a year for 99 years. Mr. Points stated that a draft of the proposed lease had been distributed several months prior to the meeting. He pointed out that it had not been determined what the City would like to do with the current fire department building. Page 3 of 11 May 25, 2000 City Council Minutes Mr. Muller asked if the lease and the proposal to purchase the current building were equitable for both parties. The lease would allow the fire department to use City property for $1 a year for 99 years and then the City would buy the current building for fair market value. Mr. Points acknowledged that the City owns the ground that the building is on and one third of the building. The fire department is proposing that the City purchase the building for replacement cost less depreciation. It needs to be reappraised. The Rural Fire District cannot purchase the land by the Airport because it was funded federally. If they purchased the land, the federal agencies would have to be reimbursed. Mr. Muller asked if it would be possible to have a joint safety building. Mr. Points stated that it was not possible because the building cannot encroach on the conical sphere. There is not enough room to build a larger building that would house both the Police Department and the Fire Department. The Rural Fire District needs a commitment from the City to either purchase or allow the sale of the current building. Until that time, they cannot borrow the money to build a new building. Mr. Strope asked if there was another piece of property that could be used for a joint public safety building. Mr. Points stated that the Cemetery was the only option. He did not believe that it was a viable option. Mr. Strope thought there might be a piece of City owned property between the old and new Deinhard. Mr. Points said that it belongs to the Cemetery. Ms. Buxton was concerned with the lease not including a termination clause. She also stressed that it was important for the City to receive some benefit from the arrangement. Ms. Buxton would like to fully understand the ownership issues of the current lease before signing any agreement. Ms. Buxton stated that the current proposed lease consideration for the City with a termination clause. current building as part of the agreement. could be revised to include A revision would include the Mr. Points stated that the fire department was trying to avoid charging the City for services with the proposed lease. Mr. Eimers stressed that the fire department is covered 100% by property taxes. Mr. Points declared that other fire districts have contracts with the City they live in because they receive an indirect benefit. Mr. Strope will work with Mr. Points to develop a lease with the Rural Fire District and come back to Council with the lease by the second Council meeting in June. The Council Members would like to see a long range plan. Page 4 of 11 May 25, 2000 City Council Minutes AB 00-49 Fireworks Discussion Ms. Koch started a discussion concerning fireworks in the City of McCall. The Lions Club has requested the City to extend the dates for selling fireworks for 4th of July and including New Years. The Lions Club would also like the City to limit the sells of fireworks to charitable organizations. The fire department, law enforcement agencies and the fire warden are opposed to extending the dates of sells. Ms. Buxton pointed out that limiting the sell of fireworks to charitable organizations could be considered a constitutional equal protection issue. Ms. Arp pointed out that the fire department has the ability to cancel the sell or use of fireworks all together. Glenn Gore, Lions Club Member, would like 7 days to sell fireworks so that they have a weekend to do so. The money is used for glasses and hearing aids within the community. American Legion would like to use some of the money for the Veterans Memorial. If the Lions Club does not have 7 days to sell fireworks, they will be run out of business. Mr. Gore recommends that the dates of June 28th through July 4th be implemented to sell fireworks. July 5th is not a profitable day to sell fireworks. Mr. Wolf stated that the Lions Club is doing great things for the community. However, the statistics show that the calls for service for the police department increase during the time frame in question. Mr. Muller asked if the calls were from legal or illegal fireworks. Mr. Wolf was uncertain. The police and fire departments need to keep better statistics in the future to reflect whether the problems occur from legal or illegal fireworks. Mr. Points said that he did not believe more fireworks should be allowed so that the Lions Club can make more money. It costs the fire department approximately $150 per emergency call. Mr. Points believes that July Ist through the 5th is an adequate time period. Mr. Points is also concerned about New Years Day selling of fireworks because little kids may get hurt. Ms. Buxton pointed out that the ordinance could be written to include the Saturday th before the 4 of July. Mr. Points said that the fire department reached a consensus on the selling of fireworks with the Lions Club 7 years ago when the ordinance was rewritten. Mr. Strope outlined the two options available. The ordinance could be changed to allow sells from the 30th of June to the 4th of July or to allow sells the Saturday before the 4th of July. Page 5 of 11 May 25, 2000 City Council Minutes Tyrell Nash, previous Commander of the American Legion, stated that even if the fire department banned fireworks instead of limiting them, they would still be an issue. Mr. Strope stated that Ms. Buxton suggested the City limit the fireworks stands on a per capita basis and the limit would be first come first serve. This would allow the people selling fireworks to make a profit, but would not be considered discriminatory. The Council Members agreed to do nothing about the selling of fireworks this year because the current year includes a weekend. Staff was directed to bring the issue back for the next year. AB 00-50 McCall Police Department Dog Enforcement Mr. Wolf stated that it was no secret that the City and County have a dog problem. He informed the Council Members about individuals not wanting to pick up their dogs when they find out the fees are $25 for the 1st day and $15 every day thereafter. Mr. Wolf would like to take these individuals to small claims court to try and recover the fees. It would cost the City $41 if they file the papers or $55 if the sheriff's department files the papers. Mr. Wolf would like the sheriff's department to file the papers because the City will be involved in the case. Mr. Strope explained that the City also has an issue with people not licensing their dogs. He recommends that the Council Members affirm what the Police Chief would like to do. Mr. Wolf stated that discussions have been held concerning a joint effort between the County and City for a dog pound. They would like to have a dog pound by the detention facility so that juveniles can take care of the animals. The Council Members agreed in principle to the concept of the Police Department going to small claims court to recover costs. Ms. Buxton would like to check into the issue more before the decision becomes final. AB 00-51 Chip Seal 2000 Bid Mr. Keating explained that the Chip Seal Bid opening was May 25, 2000. There were 2 bids, which were reviewed by Mr. Keating. He recommends that Council approve the Iow bid submitted by Emery Inc., bid schedule number 2 for $35,318.35. Mr. Eimers moved to accept Emery Inc. as the low bidder to do the Chip Sealing and authorize the Mayor to sign. Mr. Colton seconded the motion. Ail Council Members voted aye. The motion carried. Page 6 of 11 May 25, 2000 City Council Minutes AB 00-52 Dust Abatement 2000 Bid Mr. Keating presented the dust abatement bid that was also held May 25, 2000. There was 1 bid from Eternal-Line Dust Abatement, Inc. for $16,255. Mr. Eimers moved to approve the dust abatement bid with Eternal-Line Dust Abatement, Inc. and authorize the Mayor to sign. Mr. Colton seconded the motion. All Council Members voted aye. The motion carried. Mr. Colton asked Mr. Keating about Fairway Avenue being paved. Mr. Keating said that other streets were promised paving before Fairway Avenue. Fairway Avenue was on a list for drainage and utility work, which is necessary before paving takes place. It has never been on a paving priority list. AB 00-53 Appointment of City Clerk Mr. Strope recommended that the Council Members confirm his appointment of Cathleen Koch to the position of City Clerk. Mr. Colton moved to confirm the City Manager's appointment of Cathleen Koch as City Clerk. Mr. Eimers seconded the motion. Ail Council Members voted aye. The motion carried. AB 00-55 Suspension of Sewage Connections Mr. Strope requested the Council Members to give him the authority to issue a notice to lift the voluntary suspension of new sewage connections within the City of McCall once land applications have begun. Mr. Eimers moved to authorize Mr. Strope to lift the moratorium once land applications had begun. Mr. Muller seconded the motion. Ail Council Members voted aye. The motion carried. AB 00-56 Resolution 00-09 City Manager's Authority to Grant Change Orders Mr. Strope stated that the attached resolution would allow him to issue change orders and avoid temporary delays in work production. He will notify Council Members of any change orders issued no later than the next Council Meeting. Mr. Strope is comfortable with issuing change orders up to $25,000. Mr. Eimers moved to approve Resolution 00-09 with the insertion of $25,000 as the limit and authorize the Mayor to sign. Mr. Colton seconded the motion. All Council Members voted aye. The motion carried. Page 7 of 11 May 25, 2000 City Council Minutes City Manager - Robert Strope A joint Comprehensive Plan meeting was scheduled June 13, 2000. However, there was an error in posting and it will probably be rescheduled. Gerald Summers, McCall Police Department, was hospitalized recently for heart attack symptoms. He is home with his family. Sandy Bianchetti, also with the McCall Police Department, had her house catch on fire. City staff and others are taking a collection for their family. The Parks and Recreation Department held a show called Heartland hundred people attended. Staff members will be inviting Council ceremonial purposes to future events. Rocks. Four Members for The Golf Course Department has revenues that are 22% higher than last year. The Airport is at 94% of their projected revenues. Matt Uranga, JUB Engineers, addressed the Council and stated that he is concerned with safety at the J-Ditch Project Site. Mr. Uranga explained that the equipment is now on site and the contractors have started to move dirt. He will be meeting with the contractor every Tuesday to receive an update. There are no funds available to continue to use Paul Levihn on the J-Ditch project. Mr. Strope is comfortable with Mr. Uranga on the project. However, city staff will reserve the option to use Paul if it is necessary. DEQ is not comfortable without Mr. Levihn on the project, but the funds are not available to continue to use his services. The boat dock behind May Hardware may be an ideal spot for the Sheriff's Department to moor their boats. There is also a parking spot available nearby for their use. Mr. Eimer's complimented the McCall Police Department and Valley County Sheriff's Department for working together so well. The red lights on the Fire Department's personal vehicles are allowed because they are emergency vehicles. They can exceed the speed limit and people are required to yield to their vehicles. Ms. Buxton did state that they are required to act within reason. The lights and sound must go at least 1000 feet. Mr. Strope will discuss the particular issues with Mr. Points. Mr. Strope spoke to Brent Courtney about City gas purchases. Currently, Chevron takes the months sales and gives the lowest gas price for the entire month on the gas Page 8 of 11 May 25, 2000 City Council Minutes bill. Council also requested Mr. Strope to check into the cost for building a bulk storage tank. It would cost between $20,000 and $40,000 just for a diesel tank. The savings would be between $2,000 and $4,000 a year at the current usage rate. It would take 10 to 20 years to recoup the cost of building a bulk storage tank. The City would also have to follow strict EPA requirements. Mr. Keating spoke up and explained that the present arrangement with Chevron allows usage 24 hours a day. The arrangement works very well because Public Works is not responsible for clean up and it is located downtown. Mr. Keating also explained that there were not any responses to the Water Treatment Plant study. The options would be to negotiate with a firm of the City's choice or do an RFP for the study. Test wells will be drilled in the near future. Mr. Uranga reminded the Council that they have already paid for a hydro-geological study. Mr. Strope noted that Amanda Townsend has resigned. Karen Fries is covering her responsibilities. A temporary receptionist will be hired for $7.25 an hour through the end of the fiscal year. Employees now have access to an Employee Assistance Program. The plan will cost the City less than $1,000 per year. Consuelo Blake has been directed to implement the program. Ms. Arp asked where the City stood with medical insurance. Mr. Strope said that the City would be reviewing the benefits for the next fiscal year. Department head meetings have been scheduled every Tuesday before the City Council meetings. A new evaluation for employees was discussed at the last meeting. Council Members will see two evaluations for department heads that need to be returned to Mr. Strope. A handbook about the Council/Manager form of government was given to each Council Member. Mr. Strope will be operating under the guidelines within the book. He has highlighted one item in the book about communications between the Council Members and department heads. All communication should be through the City Manager. It is important to establish a level of trust and communication. City Attorney - Susan Buxton Ms. Buxton covered the Attorney Action Update Report. She coved the IDWR water rights issue with regard to the J-Ditch Association. An agreement was negotiated with the J-Ditch Pipeline Association and Mr. Purdom to suspend the application for water rights. Public Works Director- Bill Keating Public Works will be moving dirt for the bike path next week. It will cost approximately $12,000 to $15,000 to pave the bike path. Page 9 of 11 May 25, 2000 City Cotmcil Minutes Mr. Keating would like to fix the road at the intersection by My Fathers Place for about $6,000. City Clerk - Cathleen Koch Business Licenses have been issued to the businesses that have turned in applications to date. The City Council Minutes are now on the web site. City Councilor- Marilyn Arp Ms. Arp asked what the status was on impounding cars. She was concerned with the city taking the towing company's business away. Mr. Strope explained that Mr. Wolf held a meeting to discuss the issues about an impound lot and only 1 company showed up. The Golf Course Men's Association had an exclusive use day before the course officially opened. Ms. Arp was unaware that this had gone on in the past. She would like equal opportunity. The McCall Improvement Committee sent a letter to the Council Members requesting to become a nonprofit 501(c) 3 Corporation. A discussion will be held at a later meeting. There was discussion about whether NAPA has a current permit. Ms. Arp was concerned with them digging holes and having an open pit. Ms. Arp attended her first WICAP Advisory Committee meeting. Ms. Arp stated that she appreciated the fact that Mr. Strope had been very good about emailing the Council Members important information to keep them up to date. City Councilor- Ralph Colton None. City Councilor - Ray Venable None. City Councilor- Kirk Eimers Mr. Eimers asked about the grant administrator. He mentioned that the position was supposed to be contracted, but instead the City was employing a staff member. He was concerned that he never saw an advertisement. Mr. Strope mentioned that he had Page 10 of 11 May 25, 2000 City Council Minutes met with Bonni Shikrallah. His understanding of the position is that Ms. Shikrallah is coordinating grants and committee responsibilities. Ms. Arp stated that a lot of time is being spent on a Community Center. The center is not the Council's number one priority. Mr. Strope will be putting together a Capital Improvement Plan to show how the City will be paying for things in the future. City Councilor- Mayor Muller None. At lO:lOpm, Mr. Eimers moved to go into executive session per Idaho Code 67- 2345(10 to consider pending litigation. Mr. Muller seconded the motion. At a roll call vote, Mr. Muller, Mr. Eimers, Mr. Colton, Ms. Arp and Mr. Venable voted aye. The motion carried. At 10:25pm, Mr. Eimers moved to come out of executive session. Mr. Muller seconded the motion. At a roll call vote, Mr. Muller, Mr. Eimers, Mr. Colton, Ms. Arp and Mr. Venable voted aye. The motion carried. Mr. Eimers moved to direct Susan to settle the Riffles case with the insurance funds available, but no additional City funds. Ms. Arp seconded the motion. All Council Members voted aye. The motion carried. Without further business, Mr. Eimers moved to adjourn. Mr. Muller seconded the motion. Ail Council Members voted aye. The motion carried. The Council adjourned at lO:30pm. an~uller, ~layor ATTEST: Cathleen A. koch, CYt y Clerk Pagellofll May 25, 2000 City Council Minutes