HomeMy Public PortalAboutMinutes- City Coun - 09/11/97City of McCall
MINUTES
Regular Meeting of the McCall
City Council -Thursday,
September 11, 1997
Table of Contents
CALL TO ORDER AND ROLL CALL 2
PUBLIC COMMENT ...»..............».....»»...»...».........».....»...»...»».».......» 2
CONSENT AGENDA ............... ».......... »....... »».
UNFINISHED BUSINESS 3
PROPOSED ORDINANCE NO. 713 - GRANTING A FRANCHISE TO IDAHO POWER CO., - THIRD READING. 3
SEWER PLANT AGREEMENT 4
CARICO SUBDIVISION -LID 4 4
NEW BUSINESS 4
PROPOSED CHANGES TO DEINHARD-BOYDSTUN CONNECTOR ROUTE 4
SOUTH LOOP WATERLINE 4
J DITCH ON FARM IRRIGATION PROGRESS PAYMENT #5 IN THE AMOUNT OF $98,701.04. AND J DITCH PIPELINE
PROGRESS PAYMENT#5 IN THE AMOUNT OF $141,076.31 5
ADJUSTMENT OF UTILITY ACCOUNT-ROBERT RENFRO 5
AD HOC COMM111"Eh ON WATER RATES 5
WATER RATES FOR MIXED COMMERCIAL AND RESIDENTIAL PREMISES 5
OPEN ISSUES ON SPRING MOUNTAIN RANCH DEVELOPMENT 6
STAFFREPORTS ... ....... »............ »...»......... »......... »»..........»..»»»......»...6
ACTING CITY MANAGER 6
CITY ATTORNEY 6
CITY ENGINEER 6
PUBLIC WORKS DIRECTOR 6
MAYOR AND COUNCIL COMMENTS AND REPORTS .......».»..»..» 7
MS. COLTON 7
Ms. ARP 7
MR. KILLEN 7
CORRESPONDENCE AND INFORMATION ITEMS »...»..». ».....»... 7
ADJOURNMENT .........»... 8
MINUTES
Regular Meeting of the McCall City Council -Thursday, September
11, 1997
Call to Order and Roll Call
The meeting was called to order by Mayor Killen at 7:00 P.M. Ms. Arp and Messrs, Colton,
and Killen answered the roll call. Mr. Eckhardt and Mr. Martens was absent. A quorum
was present. Members of the staff present were: (1) Acting City Manager Jim Henderson,
(2) City Attorney Ted Burton; and (3) Staff Planner Andy Locke.
Public Comment
The mayor opened the meeting to comment from the public respecting items not related to
the public hearings. The following were heard:
Mr. Locke reported that a public hearing had been set for October 9, 1997 for an appeal to
the decision of the City Planning and Zoning Commission for a Conditional Use Permit for
Heartland Home an assisting living facility. He further reported that Miles Rademan would
meet with the planning commissions and staff at 10:00 AM. September 15, 1997.
Helen Eimers asked the status of Council Member Eckhardt. Mayor Killen reported that
Mr. Eckhardt had not resigned even though we asked him to do so and that the council
had no authority to remove him from office. Ms. Eimers then asked if he was still receiving
his salary. Mayor Killen again stated under the present city ordinances, the council had no
authority to do so. The council by consensus directed the City Attomey to prepare and
amendatory ordinance providing for such circumstances.
Kirk Eimers spoke on behalf of a group of citizens requesting that the city hire a water
analyst to respond to questions and complaints respecting water bills. He further
recommended that the council rethink the rate structure and provide for a higher fixed rate
with a lower consumption rate. Mr. Eimers further pointed out that in the opinion of Dr.
Dale Ralston there was good groundwater potential contrary to the reports the city had
seen.
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Donnella Boreham appeared and complained that she had just been informed that a new
meter had just installed when she had the impression that the meter had been exchanged
and tested several weeks ago. Mr. Henderson stated that he had misunderstithd a report`
from the water superintendent She further stated that the statement that summer' usage
in excess of 50,000 gallons could not be correct in as much as there was no meter
installed. She further stated that meters were not read every month. Mr. Henderson
pointed out that meters are, in fact, read every month.
Alana Shoemaker stated that the city should pursue a level pay option so that people
would know how much to set aside. She was also concemed about what happens to
people who can't afford to pay.
Consent Agenda
The following items were on the consent agenda:
• Minutes Of August 28, 1997 - Regular Meeting
• Vendor Invoice Approval List Report Dated Sept 5, 1997
• Payroll Report Dated August 26, 1997
• Contract Approval Request Made By Bob Peckham, Recreation Director —
Bethel Park Church For Gymnastics Program
Ms. Arp requested that the Contract with Bethel Park be removed from the consent agenda.
Ms. Arp then moved to approve the contract with Bethel Park Church conditioned on the
increased rent being covered by increased user fees. Mr. Killen seconded and the motion
carried unanimously.
Ms. Arp moved to approve the Consent Agenda. Mr. Killen seconded and the motion
carried unanimously.
Unfinished Business
Proposed Ordinance No. 713 - Granting a Franchise to Idaho Power Co., - Third
Reading.
Ms. Arp moved to suspend the rules requiring reading in full to permit the third reading of
proposed Ordinance No. 713 by title only. Mr. Killen seconded. At a roll call vote, Ms. Arp,
Mr. Killen, and Mr. Colton voted "aye." The motion carried. Mr. Burton read Proposed
Ordinance No. 713 by title as follows:
An ordinance in accordance with Idaho Code 50-328, 50-329 and 50-329A granting a franchise
to Idaho Power company, A corporation, and to its successors and assigns, to construct,
maintain and operate in and upon the present and futures streets, highways and other public
places within the corporate limits of the City of McCall, Idaho, electric utility property and facilities
for supplying electricity and electric service to the city, the inhabitants thereof, and others for a
term of 20 years, including the nonexclusive right to physically locate and maintain telephone,
cable, fiber optics or other communications facilities; setting forth and agreement not to compete,
reserving power of eminent domain; providing for the payment of franchise fees; and specifying
other limitation, terms and conditions goveming the exercise of said franchise.
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Mayor Killen then asked if anyone wished to comment on the proposed ordinance. K lrk
Eimers pointed out that the franchise fee would probably be added to residents' power bills
and was thereby a hidden tax. Mayor Kellen confirmed that it probably would be added to
power bills but that it was not hidden since it was being done in public. He pointed out that
a franchise agreement allowed the city to receive revenues from govemment and nonprofit
organizations and that the funds would be dedicated to placing certain power service
underground.
Since no one else wished to be heard, Ms. Arp moved to approve adopt Ordinance No.
713. Mr. Colton seconded. At a roll call vote Ms. Arp and Messrs. Colton and IGllen voted
"aye." The motion carried.
Sewer Plant Agreement
Ted Whiteman of Payette Lakes Water and Sewer District gave a report and asked that
the effective date of the agreement be January 1, 1998 to allow one of the plant
employees to use his accrued vacation. Mr. Killen moved to approve the agreement with
the effective date deferred to January 1, 1998. Ms. Arp seconded. Mr. Killen, Ms. Arp and
Mr. Colton voted "aye." The motion carried.
Carico Subdivision —LID 4
Mr. Burton gave a report conceming the outstanding taxes that were preventing recording
of Balshae Subdivision plat which would grant the city the right-of-way necessary to
complete the project. Mr. Burton had not exhausted getting the county to simply record the
plat but stated that the taxes involved were less than $900. Mr. Kellen moved to pay the
property taxes from the councils contingency fund. Mr. Colton seconded and the motion
carried unanimously.
New Business
Proposed changes to Deinhard-Boydstun Connector Route
The council noted a request from the McCall Fire Protection District to change the route of
the proposed Deinhard-Boydstun Connect to provide better access to the west side of the
river. The council by consensus referred the letter to the Transportation Advisory
Committee.
South Loop Waterline
Karl Augustine, Ida Ore, gave a report and presented pay request no. 4 in the amount of
$30,495.01 to Owyhee Construction which completed the city's obligation on the contract
though there were some administrative items to be completed to include a self -appraisal in
compliance with the Rehabilitation act. The council, by consensus appointed Ted Burton
to complete the requirements of the act.
4
J Ditch On Farm Irrigation progress payment #5 in the amount of 598,701.04 and
J Ditch Pipeline progress payment #5 ,in the amount of 5141,076.31
Mr. Colton moved to approve the paymen
unanimously.
Adjustment Of Utility Account —Robert Renfro
r lGilen'seconded and the motion carved
Jim Henderson, City Clerk / Treasurer, gave report noting that an adjustment was being
requested because Mr. Renfro's water usage was high due to a leak. The leak had been
repaired but Mr. Henderson noted that the costs of delivery had been incurred. He further
pointed out that the city might consider a policy on leaks that were promptly repaired. After
discussion, Mr. Killen moved to approve the recommended denial of adjustment Ms. Arp
seconded and the motion carried unanimously.
Ad Hoc Committee on Water Rates
Mr. Henderson presented the names of citizens who had expressed an interest in
becoming members of the committee:
• Kirk Eimers
• Wayne Larsen
• Scotty Davenport
• Paul Bianchetti
• Clayton Rudd
• Bill Bayse
• Don Chapman
• Dottie Moore
• Barbara Smith
• Kay DeFranceso
Mr. Killen moved to appoint all who had applied conditioned on their confirmation that they
are willing to serve. Mr. Colton seconded and the motion carried unanimously.
Water Rates for Mixed Commercial and Residential Premises
The council noted a letter from Dr. McManus respecting the billing for Villa Plaza. By
consensus the council agreed to refer the letter to the Ad Hoc Committee on Water Rates.
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Open Issues On Spring Mountain Ranch Development
Mayor Killen brought this matter from the Information Items. Mr. !Glen moved to direct
staff as follows: (1) that the City Engineer move forward with the irrigation system for the
Water Treatment Plant and determine if there will be excess irrigation pipe from the golf
irrigation project; (2) that the Golf Superintendent be briefed on the citys obligations under
the agreement with the Spring Mountain Ranch Limited Partnership. Ms. Arp seconded
and the motion carried unanimously.
Staff Reports
Acting City Manager
• The council noted a written report.
• Mr. Henderson requested that the council consent to his temporary appointment Judy
Sargent as City Treasurer and Cherry Woodbury as City Clerk. Mr. Colton stated that
"temporary' appointments have a way of becoming permanent as was concerned
about that these might somehow be construed as permanent appointments. After
further discussion, Mr. Killen moved to approve the appointment of Judy Sargant as
"Acting City Treasurer" and Cherry Woodbury as "Acting City Clerk" until the earlier of
two weeks after a permanent City Manager assumes duties or December 31, 1997.
• Mr. Henderson reported that he had been discussing the posibility of obtain machines
to verify credit and debit cards and requested authority to sign contracts to obtain three
one for City Hall, one for the Golf Course Restaurant and one for the Pro Shop, the
two latter to be paid from golf course funds and the from the general fund. After
discussion, Mr. Killen moved to approve the contract with Digital Merchant Systems,
Inc. and to authorize the acting City Manager to sign. Ms. Arp seconded and the
motion carried unanimously.
• Mr. Henderson reported that the City had received about 30 City Manager Applications
so far. The council asked that copies be distributed as they came in so they could
review them.
City Attorney
The council noted a written report.
City Engineer
The council noted a written report.
Public Works Director
The council noted a written report.
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Mayor and Council Comments and Reports
Ms. Colton
• Asked about the schedule for paving the bike paths and was informed that the project
would begin the next week or so.
• The council then discussed the September 25th regular meeting in the both Ms. Arp
and Mr. Kellen would not be available. By consensus the City Council decided to
cancel the regular meeting on September 25, 1997.
Ms. Arp
• Asked about the blue curbs in from of the post office. She was informed that the
Code Enforcement Officer was enforcing the two hour parking ordinance and that
some postal employees claimed to have an agreement with the previous City
Administrator. The Chief of Police was working to resolve the conflict and meantime
the Code Enforcement Officer would continue to "ticket" overtime parking.
• Asked about an out -of -city Recreation Card for $20. She pointed out that the card
was contrary to the councils direction in this matter. Staff to investigate and report
back.
Mr. Killen
Stated that he had decided to run for reelection.
Correspondence and Information Items
The following items were received by the council:
• Letter To Alana Shoemaker From Jim Henderson Pertaining To Numerous
Questions And Answers
• Letter To Steve West, DEQ, From Gary Shimun Re Wastewater Treatment and J
Ditch
• Letter To Rich tender, Toothman Orton, From Brian Petersen, Contractors
Northwest, Re Water Treatment Plant Project
•
• Letter To Peter O'Neill, SMR, From Ted Burton Regarding Fall Creek/Blackwell
Lake Water Rights
• Letters To Helen Chenoweth And Mike Crapo From Gary Shimun Re J Ditch
Funding
• Letter To Carta Donica From Judd And Diane DeBoer Regarding Speed Limit On
W Lake
• Letter To Idaho Human Rights Commission From Ted Burton Re 2nd
Discrimination Complaint - Judy Sargent Vs City
• Letter To Judge Darla Williamson From Ted Burton Conceming Officer Jerry
Summers' Prior Dispute And Employment With The City
• Letter From Gary Shimun Regarding After School Care Program
• Planning And Zoning Commission Minutes Dated September 2, 1997
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" A r e a O f I m p a c t P l a n n i n g A n d Z o n i n g C o m m i s s i o n M i n u t e s D a t e d A u g u s t 2 6 , 1 9 9 7
" P l a n n i n g A n d Z o n i n g C o m m i s s i o n M i n u t e s D a t e d A u g u s t 2 1 , 1 9 9 7 - S p e c i a l
M e e t i n g
" P l a n n i n g A n d Z o n i n g C o m m i s s i o n M i n u t e s D a t e d A u g u s t 1 9 , 1 9 9 7
" A r e a O f I m p a c t P l a n n i n g A n d Z o n i n g M i n u t e s D a t e d J u l y 2 2 , 1 9 9 7
" P E N P A L G r e e t i n g N o t i c e - W a m i n g H o a x
" N o t i c e F r o m P a y e t t e N a t i o n a l F o r e s t R e T a i l h o l t T i m b e r S a l e
" A c t i o n U p d a t e
A d j o u r n m e n t
W i t h o u t f u r t h e r b u s i n e s s , M r . C o l t o n m o v e d t o a d j o u m . M r . K i l l e n s e c o n d e d a n d t h e
m o t i o n c a r r i e d u n a n i m o u s l y . T h e c o u n c i l a d j o u m e d a t 1 1 : 0 0 P . M .
A T T E S T :
J a m e s H . H e n d e r s o n , C i t y C l e r k
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W i l l i a m M . K i l l e n , M a y o r