HomeMy Public PortalAboutCouncil Minutes 2005 06/09MINUTES
McCall City Council
Regular Meeting
Thursday June 9, 2005
Table of Contents
CALL TO ORDER AND ROLL CALL
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT
CONSENT AGENDA
• Minutes of May 12, 2005
• Payment Approval List for Warrant Registers for input dates between May 20, 2005 and June 3,
2005
• Payment Approval List for Warrant Register dated May 14, 2005
• Payroll Report for Pay Period Ending May 20, 2005
• AB 05-113 Noxious Weed Grant Letter of Support
BUSINESS
• AB 05-112 Additional Recommendations from the Local Option Tax Commission
• Payment Approval List for Warrant Register for payments dated June 4, 2005
• AB 05-111 Nelson Subdivision Final Plat (SUB-05-9)
• AB 05-102 Treated Water Storage Project Bid Package I — Pipeline
• AB 05-110 Correction to legal description contained in Fox Ridge Annexation / Ordinance 813
REPORTS
• Consolidated Department Report
• Airport Advisory Committee Minutes 05/19/05
• McCall Improvement Committee Minutes 2/10/05
• McCall Improvement Committee Minutes 4/28/05
EXECUTIVE SESSION
• Litigation Idaho Code §67-2345(1f) to consider pending litigation
• Personnel Idaho Code §67-2345(1 b) to consider personnel matters
ADJOURNMENT
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CALL TO ORDER AND ROLL CALL
Mayor Eimers called the regular meeting of the McCall City Council to order at
6:04 p.m. Council Member Bertram, Council Member Greer, Council Member
Robertson, Council Member Muller and Mayor Eimers answered roll call. A
quorum was present.
City staff members present were Lindley Kirkpatrick, City Manager; Roger Millar,
Community Development Director/Deputy City Manager; Brock Heasley, Parks
and Recreation Director; Chris Yorgason, City Attorney; Bill Keating, Public
Works Director; Rick Harvey, Airport Manager; and Dan Irwin, City Clerk.
Council Member Robertson requested that the Payment Approval List for Warrant
Register dated May 14, 2005 be moved to the business agenda.
PUBLIC COMMENT
Mayor Eimers called for public comment.
Mike Johnson, 1401 Davis Ave., stated that he had recently moved to McCall from
California where he was previously enrolled in adult reading classes that were
sponsored by the City Library. He said that he would like the City of McCall to establish
a similar program, as there are no adult reading programs available in the community.
Mr. Johnson said that the Library has good programs for children and minorities but
needs to add a tutoring program for adults.
Council Member Muller said that he might be able to find some existing resources that
are available in the community. He requested that Mr. Johnson contact City Staff after
the meeting and he would pass the information onto him.
Hearing no further comments, Mayor Eimers closed the public comment at 6:15
p.m.
CONSENT AGENDA
Council Member Robertson explained that he had provided corrections to the minutes
to the City Clerk prior to the meeting.
Council Member Robertson said that Mr. Millar had previously indicated that Holladay
Engineering was supposed to complete a technical analysis of the sewer system by
June 1, 2005. He asked if the analysis was complete yet.
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Bill Keating, Public Works Director, reported that Holladay Engineering indicated that
they would complete the I&I report on the sewer system in approximately ten days.
Council Member Robertson asked if the $512 expense to the International City
Managers Association was only for Mr. Kirkpatrick's membership.
Mr. Kirkpatrick explained the payment was only for his membership in the association.
Council Member Robertson asked about the $250 expense in the general fund for
respirator certification.
Mr. Kirkpatrick stated that he would research the expense. He said that the expense
appears to be related to the lead remediation project.
Council Member Robertson asked if the $51 expense in the Community Development
Department for the Blackberry service would be reoccurring monthly.
Mr. Kirkpatrick said that he would have to research the expense.
Council Member Robertson asked about the $200 expense in the Police Department for
impound forms. He said that the expense seemed to be excessive.
Mr. Kirkpatrick said that he thinks the expense was for a large quantity of the forms. He
said that he would research how many forms were purchased.
Council Member Robertson asked if the expense for birdseed was coded correctly to
the Library Department.
Mr. Kirkpatrick explained that the material was used for a craft item in the children's
program.
Council Member Bertram asked about the $450 expense in the golf fund that was
labeled as Country Club.
Mr. Kirkpatrick explained that the expense was for a type of fertilizer.
Council Member Bertram asked about the $549 expense in the Public Works
Department for a mounted mobile radio.
Mr. Keating explained that the radio was installed in a new vehicle for the Department.
Council Member Robertson said that the overtime allocation to the Police Department
seemed to be excessive for the month.
Mayor Eimers stated that the accumulation of overtime in the Department was actually
lower than usual.
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Council Member Robertson asked where the matching funds for the RAC grant came
from.
Brock Heasley, Parks and Recreation Director, explained that the amount is an in -kind
match that is based upon the current number of hours that are spent by the Parks staff
controlling noxious weeds.
Council Member Robertson moved to approve the Consent Agenda as amended
and authorize the Mayor to sign all necessary documents. Mayor Eimers
seconded the motion. All members voted aye. The motion carried.
BUSINESS AGENDA
Payment Approval List for Warrant Register payments dated May 14, 2005
Council Member Robertson explained that he requested that the warrant register be
moved to the business agenda as he and Council Member Bertram disagree with the
current utility hardship payment policy.
Mayor Eimers moved to approve the payment approval list for the warrant
register payments dated May 14, 2005. Council Member Muller seconded the
motion. In a voice vote, Council Member Greer, Council Member Muller, and
Mayor Eimers voted aye. Council Member Bertram and Council Member
Robertson voted nay. The motion carried.
AB 05-112 Additional Recommendations from the Local Option Tax Commission
Dan Irwin, City Clerk, said that at the June 2, 2005 Special Council Meeting, the City
Council approved $161,309 in projects to be funded with the FY 05 Local Option Tax
revenue and directed the Local Option Tax Commission to reconsider other projects for
funding from the $29,500 that was eliminated from the Chamber of Commerce's
request. He said that the Commission met on June 6, 2005 and were able to arrive at a
recommendation for the remaining funds. Mr. Irwin introduced Steve Gleason,
Chairman of the Local Option Tax Commission, and stated that he would present the
recommendation to the Council Members.
Mr. Gleason thanked the Council for their approval of the projects contained in the first
recommendation from the LOT Commission. He said that the members of the Council
directed the Commission to reconsider the projects that were submitted for funding
requests. Mr. Gleason said that the Council specifically requested that the Commission
consider recommending funding for the Chamber of Commerce Fourth of July fireworks
display. He explained that after receiving the Chamber's request he personally
volunteered to solicit private donations for the fireworks display rather than funding it
with the Local Option Tax revenue. He stated that he had collected $4,000 for the
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display and the Local Option Tax Commission recommends funding $5,000 of LOT
revenue towards the fireworks display. Mr. Gleason stated that other projects
recommended for funding include an additional $5,000 for McPAWS, $289.38 to McCall
Transit for advertising brackets, and $12,000 to the McCall Nordic Ski Team for
grooming equipment. He explained that the recommendation to the McCall Nordic Ski
Team would be subject to the amount of LOT revenue that is actually received during
the fiscal year. Mr. Gleason said that the Committee took a strong look at funding the
promotional DVD but eventually decided against it. He said that the Committee
supports promoting the City of McCall but has concentrated their recommendations on
projects that would provide amenities to the visitors. He said that the Commission
concluded that the advertising of the community should rest with the Chamber of
Commerce.
Mayor Eimers stated that it isn't the responsibility of the City Council or Local Option
Tax Commission to organize the Chamber of Commerce.
Mr. Gleason said that the Commission isn't recommending that the City make a long-
term investment in the Chamber. He said that the Commission realizes that the
Chamber is being run by the dedicated volunteers and the funding is intended for the
organization to reestablish themselves.
Council Member Robertson added that the Council had a good discussion at their last
meeting regarding the hard work that was being performed by the volunteers to keep
the Visitor's Center open.
Council Member Robertson moved to adopt the additional recommendations from
the Local Option Tax Commission and authorize the mayor to sign all necessary
documents. Council Member Muller seconded the motion. In a roll call vote,
Council Member Robertson, Council Member Greer, Council Member Muller,
Mayor Eimers, and Council Member Bertram voted aye. The motion carried.
Payment Approval List for Warrant Register payments dated June 4, 2005
Mr. Irwin explained that the additional Warrant Register was for the newly approved
expenses for the Local Option Tax projects.
Council Member Robertson moved to approve the payment approval list for the
warrant register payments dated June 4, 2005. Council Member Muller seconded
the motion. All members voted aye. The motion carried.
AB 05-111 Nelson Subdivision Final Plat (SUB-05-9)
Mr. Kirkpatrick said that Mr. Millar was attending the Valley County Planning and Zoning
Commission meeting and would be arriving later. He said that action on the agenda
item could be delayed until Mr. Millar returned.
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Council Member Robertson said that the applicant had previously explained the project
when he requested the change in zoning designation. He stated that he was willing to
approve the project.
Council Member Muller moved to adopt the draft findings and conclusions and
approve the final plat of the Nelson Subdivision. Council Member Robertson
seconded the motion. All members voted aye. The motion carried.
AB 05-102 Treated Water Storage Project Bid Package I — Pipeline
Mr. Keating stated that an advertisement for bid was published for the Treated Water
Storage Pipeline Project. He explained that the project consists of building the pipeline
from the Water Treatment Plant to the water storage tank.
Council Member Robertson asked for clarification if the project was located in the
Aspen Ridge subdivision. Mr. Keating confirmed that it is.
Mr. Keating said that a pre -bid conference was held on May 12th and was attended by
four contractors. He stated that the bid opening was held on June 7, 2005 and bids
were received from Paul Construction in the amount of $532,590, Owyhee Construction
in the amount of $826,000, and P&M Excavation in the amount of $417,293. Mr.
Keating stated that it was his recommendation to award the bid to P&M Excavation.
Council Member Robertson asked if Mr. Keating had previously worked with P&M
Excavation. Mr. Keating confirmed that he had.
Council Member Muller moved to award the contract to P&M Excavation and
authorize the Mayor to sign all necessary documents. Council Member Bertram
seconded the motion. In a roll call vote, Council Member Bertram, Council
Member Robertson, Council Member Muller, Mayor Eimers, and Council Member
Greer voted aye. The motion carried.
Council Member Greer asked who the bonding agent for the project was.
Mr. Keating explained that the bidders were required to submit a bond to the City that is
equivalent to 5% of the project cost. He said that the bonding agent is the party that
issues the bond to the City on behalf of the contractor.
AB 05-110 Correction to legal description contained in Fox Ridge Annexation /
Ordinance 813
Mr. Irwin stated that Ordinance No. 804 was adopted by the City Council on February
24, 2005 and approved the annexation of Fox Ridge subdivision. He explained that the
Ordinance was rejected by the Idaho State Tax Commission since the legal description
of the property boundaries didn't close to the proper scale. Mr. Irwin said that Kerr
Surveying revised the legal description of the property and found an error in the legal
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description that was provided to the City. He said that Ordinance No. 813 would correct
the deficiencies contained in Ordinance No. 804 and would allow the Fox Ridge
subdivision to be annexed into the City of McCall.
Council Member Robertson stated that the City has been receiving several returned
annexation Ordinances back from the State Tax Commission. He asked if it was the
City's responsibility for paying the costs for the additional surveying work.
Mr. Irwin said that the City doesn't incur the costs for additional surveying work. He
stated that the only additional cost to the City is publishing the revised ordinance in the
Star News.
Mr. Kirkpatrick stated that the revised Planning and Zoning Code would require the
developer to perform a closure check of the legal description of all properties prior to
submitting an application to the City.
Council Member Robertson moved to suspend the rules and read Ordinance No.
813 by title only, one time only. Mayor Eimers seconded the motion. In a roll call
vote, Council Member Muller, Council Member Greer, Council Member Bertram,
Mayor Eimers, and Council Member Robertson voted aye. The motion carried.
Mr. Kirkpatrick read Ordinance No. 813 by title.
Council Member Robertson moved to adopt Ordinance No. 813. Council Member
Bertram seconded the motion. In a roll call vote, Council Member Muller, Council
Member Greer, Council Member Bertram, Mayor Eimers, and Council Member
Robertson voted aye. The motion carried.
REPORTS
Mr. Keating reported that the J-Ditch pump was turned on earlier in the day. He said
that the turning on of the pump was delayed since J-U-B Engineering required
additional time to complete the leak test for the pond. He said that the City should be
receiving a report on the leak test within the next few weeks.
Council Member Robertson asked how full the pond was.
Mr. Keating stated that the pond was 75% of capacity based upon the height of the
pond.
Council Member Muller asked how much of the pond capacity could be attributed to
rain.
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Mr. Keating stated that J-U-B Engineering has a method for attributing the amount of
capacity caused from rain.
Council Member Robertson stated that the pond may have 50 million gallons of storage
capacity available since it is only 75% of capacity.
Mr. Kirkpatrick stated that the final report from J-U-B Engineers would show how much
remaining capacity of the pond is available.
Mr. Heasley reported that the baseball, softball, and hiking programs had started. He
said that the t-ball and softball programs would also be beginning soon. Mr. Heasley
stated that he has been working hard at securing ASA softball tournaments in the City
but had been relatively unsuccessful.
Council Member Bertram asked what could be done to secure the tournaments.
Mr. Heasley said that he wasn't sure. He stated that the cost to play in McCall is less
expensive than in other communities. He said that he sent over 400 invitations to
teams from other city's lists but only had a minimal response.
Council Member Robertson asked if any tournaments would be held.
Mr. Heasley said that they had sufficient response to hold a tournament in late June.
Council Member Robertson stated that it would be important to ensure that the teams
enjoyed their experience so they would return next year.
Council Member Bertram stated that the City may want to consider lowering the fees
that are charged to the teams.
Mr. Heasley stated that the fees are lower than any other city that holds ASA
tournaments. He said that he is working with Allan Morrison to offer a golf incentive
package for the participants.
Mr. Heasley stated that he would like to take the Council Members on a tour of the City
parks at a later date. The Council Members agreed that they would like to view the
parks with Mr. Heasley.
Council Member Bertram asked about the removal of the trees at Brown Park.
Mr. Heasley explained that five trees were diseased and had to be removed from the
park. He said that new trees would be planted as replacements.
Mr. Heasley stated that the Planning and Zoning Commission had completed the
meeting for considering the Conditional Use Permit for the Fish Pen Docks at Brown
Park.
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Mr. Millar explained that the Planning and Zoning Commission approved the application
with the condition that staff engages in negotiations with the adjacent property owners
until July 1st to attempt to arrive at an agreement. He said that the Commission
recommended approval without conducting a second public hearing.
Chris Yorgason, City Attorney, explained that he and City Staff would work with the
adjacent property owners to attempt to arrive at a resolution. He stated that the
application would still come before the City Council for approval if an agreement
couldn't be reached by July 1st
Mayor Eimers asked when the project needed to be completed in order to place the fish
there this year.
Mr. Heasley stated that he wasn't sure if the fish could be located at the docks this year
due to the weather.
Council Member Robertson requested that Mr. Heasley contact Fish and Game
regarding the timing of the project and placement of the fish.
Mayor Eimers stated that when he was in Switzerland he saw a large-scale chess board
at one of the parks. He said that he would like to see a similar project developed in one
of the City parks.
Rick Harvey, Airport Manager, said that in his first three weeks of work he has been
learning how the City works. He stated that the final elements of the airport security
system were being finished and he is working on developing an airport parking lot plan
that could bring in revenue. Mr. Harvey stated that the asphalt maintenance at the
airport was overdue and a Request for Proposals had been published for performing
the work. He said that he is in the process of trying to organize the Airport Advisory
Committee for conducting the airport element of the City Engineering needs. Mr.
Harvey stated that he has also been moving forward on developing a plan for land
acquisition at the airport. He said that he has identified an appraiser to look at the
property so the process can begin moving forward.
Mr. Millar stated that two public hearings would be scheduled for the June 2nd City
Council Meeting. He explained that the first hearing would be for the Greystone Village
application. He said that the Planning and Zoning Commission approved the
application with several conditions. Mr. Millar stated that the second hearing is for an
annexation application for the Village at Deer Forest application. He explained that the
project is a 24-unit subdivision and the Planning and Zoning Commission approved the
rezoning of the property and recommend Council approval of the annexation request.
Mr. Millar stated that Don Bailey from the Planning and Zoning Commission had
completed the rewrite of the City Zoning Code. He said that the document is currently
being reviewed by a professional codifier. Mr. Millar stated that he is looking at putting
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together a sounding board advisory committee to look at the new code. He said that
the plan is to include one representative from each existing committee. Mr. Millar asked
if the Council would like to appoint the Committee or they would like to appoint staff with
the authority to do so.
Council Member Muller said that he thought the Council should be involved in the
process in some manner.
Mr. Millar said that he has proposed that the Committee consist of one person from
each existing advisory committee, members of the development community, members
of the building community, members of the legal community, and members of the
business community. He said that the Committee could potentially have 25 members.
Council Member Robertson said that the Council would be involved in the Code rewrite
during the public hearings. He recommended that staff take care of putting together the
committee. The Council Members agreed to have staff put together the membership of
the committee.
Mr. Millar announced that the City Planning and Zoning Commission would be
conducting a joint meeting with the County Planning and Zoning Commission to discuss
the Code rewrite. He explained that the County has adopted the City Code for the
impact area and would need to approve any changes that are proposed by the City.
Mr. Miller said that he recently discovered that the Silver Sage Girl Scouts had built
cabins at Camp Alice Pittenger without an approved Conditional Use Permit or building
permit. He stated that he discovered that the Girl Scout Association had already built
10 cabins and had an additional 10 under construction. Mr. Millar stated that under the
City Code the association is required to obtain building permits and a conditional use
permit prior to erecting the structures. He explained that the organization is planning an
upcoming retreat and he doesn't think it would be appropriate to close down the facility.
He said that he is working with Cynda Herrick at the County Planning and Zoning
Commission and the Fire Chief to make the situation safe and legal so the upcoming
retreat can take place. He said that the County has agreed to allow the use of the
existing dwellings under a temporary occupancy permit as long as the fire marshal
approves the safety of the buildings. He explained that the intention is to allow the safe
and legal use of the dwellings for their upcoming retreat. Mr. Millar stated that all of the
parties would then meet to discuss the long-range plans for the camp.
Council Member Greer asked if there was a penalty for not getting a building permit
prior to building.
Mr. Millar stated that the Code doesn't have any penalty provisions but requires all
buildings to meet building standards. He explained that none of the buildings were
supplied with electricity, which is required by the code.
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Council Member Greer asked if the parents of the Girl Scouts would be notified of the
non -approved structures before the retreat takes place.
Mr. Millar stated that the City could require that all of the parents be notified about the
situation.
Council Member Robertson stated that he would like legal counsel to review the
notification letter before it is sent to the parents.
Mayor Eimers asked if the City could even allow the use of the dwellings since it doesn't
comply with the requirements of the City Code.
Mr. Yorgason said that it isn't uncommon for a City to issue a temporary occupancy
permit for dwellings. He stated that a permit could be issued if the Fire official approved
the temporary use of the buildings.
Mayor Eimers stated that he was uncomfortable allowing the use of the structures since
they don't conform to the City Code.
Mr. Millar said that he wants to ensure the safety of the participants. He said that the
use of the building would have to be approved by the Southern Idaho Timber Protection
Agency and the Fire Chief.
Council Member Muller said that he would approve the use as long as a safety
inspection is performed.
Mayor Eimers stated that he would like a letter from the City Attorney saying that the
issuance of a temporary occupancy permit for the buildings is legal. He said that he
doesn't think that the City Attorney would issue a letter and the camp would have to be
shut down.
Mayor Eimers moved to require that the City obtain a letter from the City Attorney
before allowing the camp to open. Council Member Muller seconded the motion.
Council Member Robertson said that he would like to see a report about the buildings
before making a decision.
Mr. Millar said he would like time to prepare a report for a formal vote by the Council.
He said that he needs to sit down with the building official to see if the structures can be
made safe for occupancy.
In a roll call vote, Mayor Eimers, Council Member Robertson, and Council Member
Muller voted aye. Council Member Greer and Council Member Bertram voted nay.
The motion carried.
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Mr. Millar said that the City received seven responses to the City Engineering Request
for Qualifications, and reported that he and Mr. Kirkpatrick were currently engaging in
contract negotiations with the engineering firm that was determined to be the highest
qualified. He said that the selection committee made the recommendation after
interviewing four of the applicants. Mr. Millar stated that he hoped to finish negotiations
with the firm later this week and place on the Council agenda for approval at the next
regular meeting. He explained that if an acceptable rate schedule couldn't be
negotiated, City staff would begin negotiating with the next highest qualified firm.
Council Member Robertson added that the selection committee reached a unanimous
recommendation in their determination of the highest qualified firm.
Council Member Bertram asked if the firm would have a permanent presence
somewhere in the City.
Mr. Millar said that there wouldn't be enough business to warrant the firm opening an
office in the City. He said that he is exploring office space for them to hold regular
office hours during the month. Mr. Millar stated that Holladay Engineering has agreed
to work with the selected firm through the transition period.
Council Member Robertson asked if the Airport Advisory Committee would have an
opportunity to meet with the firm.
Mr. Millar stated that he introduced Mr. Harvey to the firm via the Internet and email.
He said that the City reserved the right to select another team for any given engineering
component including the airport.
Council Member Bertram asked when the new firm would begin.
Mr. Millar stated that he hopes to get Council approval on June 23rd. He stated that
Holladay Engineering has agreed to continue working through the transition period.
Council Member Bertram asked if Holladay Engineering would continue working on the
Four Corners Project.
Mr. Millar explained that Holladay Engineering was under contract with the Idaho
Transportation Department and would continue working on the project.
Council Member Bertram stated that she was disappointed with some of the elements
of the Four Corner Project. She said that the design of the project isn't what was
originally presented to the community.
Council Member Robertson stated that the City should be able to ask questions about
the project from the project manager. He stated that Holladay Engineering promised to
make a presentation to the Council about the project but hasn't.
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Mr. Kirkpatrick added that City Staff also hasn't been informed about the changes to the
project.
Council Member Robertson stated that the City should be able to stop the project until
the contracting officer answers the concerns of the Council.
Mr. Kirkpatrick stated that the current project manager of the project is Jim Justice from
the Idaho Transportation Department.
Council Member Muller said that he thinks the design of the project is too narrow at the
Deinhard intersection. He asked if Mr. Keating thought large trucks would be able to
negotiate the turn without driving on the sidewalk.
Mr. Keating said that he thinks the design is too narrow for large trucks to make the
turn.
Mr. Kirkpatrick stated that the issue is an engineering design problem. He stated that
he asked Mr. Keating and Carol Coyle to address all of the safety and design issues
with Mr. Justice at ITD.
Council Member Robertson said that he would like to hear from the Idaho
Transportation Department and Holladay Engineering about the design of the project.
Mr. Keating stated that any changes to the project would result in a change order. He
said that Ms. Coyle expressed concerns about not having sufficient funds to cover the
costs of the changes.
Mayor Eimers asked what the City could do to address the problems with the project.
Mr. Kirkpatrick stated that the City needs to review the design of the project first. He
said that if the project doesn't match the design then the problems would have to be
fixed. He stated that the City needs to better define the problems of the project in order
to determine how to proceed.
Mr. Irwin reported that the Local Option Tax Commission has announced that they
would begin receiving funding requests for the FY 06 LOT revenue. He said that the
Commission would be meeting on July 5, 2005 to hear the requests and arrive at a
recommendation to the Council for inclusion in the FY 06 budget.
Council Member Bertram stated that she would like to see the request from the CCC
Alumni Association funded for FY 06. She said that the organization has received
$3,000 in donations but needs to raise a significantly greater amount of money in order
to place the commemorative statue. She said that she would like to see the City
Council support the project.
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Mayor Eimers asked Mr. Irwin to prepare a funding application for the CCC statue on
behalf of the City Council.
Mr. Kirkpatrick reported that the Art on Trails dedication was performed and installed on
the bike path. He said that a brochure has been prepared and is being distributed as
well.
Mr. Kirkpatrick stated that the FY 06 budget process is proceeding. He said that the
budget open house would be held on Monday where the public would have a chance to
provide their input in the process. Mr. Kirkpatrick stated that Valley County was
supposed to provide the City with the new construction property tax values by June 6tn
He said that the County hasn't provided the values to the City. He said that the Valley
County Clerk was out of town and the office staff wasn't able to explain why the values
weren't given to the City. Mr. Kirkpatrick stated that staff would contact the County to
see why the values haven't been received.
Mr. Kirkpatrick stated that the City towed several vehicles at the airport a few weeks
ago. He said that the City didn't follow through with the notification process and
decided to refund three of the expenses.
Mr. Kirkpatrick provided the Council with a spreadsheet detailing a five-year cash
analysis in the water fund. He stated that he included the top 10 projects identified in
the master plan and added the typical capital costs and revenue received by the City.
Mr. Kirkpatrick said that the spreadsheet was prepared in anticipation of having a future
discussion with the Council about how much of the $1.8 million DEQ loan to borrow.
Mr. Kirkpatrick reported that he would be out of the office from June 16tn through July
5tn. He asked how the Council would like to go about conducting the selection process
of the new City Attorney.
Mayor Eimers said that he would like all of the responses sent to the members of the
Council and they could decide which firms to interview. Mayor Eimers stated that the
Council needs to schedule a special meeting for July 11tn to discuss the responses that
are received and determine which firms to interview. He said that the interviews should
be held on July 14tn in order to allow time to negotiate an agreement that can be
approved at the July 28tn regular meeting.
Council Member Muller asked if the City has an ordinance that addresses public
nuisances that could create liability. He said that the Aspen Clubhouse that was
destroyed in the fire is creating a safety concern and needs to be taken care of.
Mr. Yorgason said that the International Building Code has a specific section regarding
dangerous buildings. He stated that the building official could declare the structure
dangerous and require that it be removed. He said that if the owner fails to remove the
building, the City could remove it and place a lien against the owner for the expenses.
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Council Member Muller stated that he would like to begin the process of requiring the
owner to take care of the building. He said that he would like the City to draft a letter to
the owner requiring that the situation be remedied within 30 days.
Council Member Bertram asked if a letter had been sent to the Idaho State Parks and
Recreation Director regarding the encroachments on Ponderosa State Park.
Mr. Kirkpatrick said that he spoke to Dennis Coyle about the situation but hadn't sent a
letter to the Director yet.
Council Member Bertram asked if ICRMP had responded to the tort claim regarding the
Mountain Lakes Sewer Backup.
Mr. Yorgason said that he hadn't received a response yet.
Council Member Robertson said that he received a letter from a King's Pines resident
regarding concerns over the Whitetail entrance road.
Mr. Millar said that the Council's findings and conclusions require the Whitetail road to
be approved by the County Engineer and Idaho Transportation Department to ensure
safety. He stated that the roads must be approved before the final plat is presented to
the Council.
Mayor Eimers asked if there was evidence that the sewer connections for the Whitetail
development were previously approved by the Sewer District.
Mr. Millar said that the developers would be required to show that the connections were
approved prior to September 2004.
EXECUTIVE SESSION
At 9:52 p.m., Council Member Robertson moved to go into executive session per
Idaho Code 67-2345(1f) and 67-2345(1b) to consider pending litigation and
personnel matters. Mayor Eimers seconded the motion. In a roll call vote,
Council Member Bertram, Council Member Greer, Council Member Robertson,
Council Member Muller, and Mayor Eimers voted aye. The motion carried.
The discussion pertained to pending litigation and personnel matters.
At 11:14 p.m., Mayor Eimers moved to come out of executive session. Council
Member Robertson seconded the motion. All members voted aye. The motion
carried.
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Page 15 of 16
June 9, 2005
City Council Minutes
ADJOURNMENT
Without further business, Mayor Eimers moved to adjourn. Council Member
Bertram seconded the motion. All Council Members voted aye. The motion
carried. The Council adjourned at 11:15 p.m.
William A. Robertson, City Council President
ATTEST:
SD,_
Dan Irwin, City Clerk
Printed 7/28/2005
Page 16 of 16
June 9, 2005
City Council Minutes