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Council Minutes 1999 02/11CITY OF MC CALL MINUTES Regular Meeting McCall City Council Thursday - Feb 11, 1999 Table Of Contents Executive Session 2 Call To Order And Roll Call 2 Public Hearing — Quaker Hill 2 Consent Agenda 2 Business 3 AB 98-149 Quaker HILL 3 AB 99-16 Old McCall Jail Interpretive Center & Partnership Agreements 3 AB 99-10 Golf Course Fees 4 AB 99-11 Ordinance No. 729 4 AB 98-146 Winter Storage Lagoons 4 AB 99-13 Kleinfelder Contract 5 AB 99-15 City Manager 5 Reports 6 Executive Session 7 Adjournment 7 Council Minutes - Feb11, 1999.doc Page 1 of 8 MINUTES Call To Order The regular meeting of the McCall City Council was called to order by Mayor Eimers at 7:10 p.m. Ms. Arp, Mr. Eimers, Mr. Muller and Mr. Venable were answer roll call. Mr. Colton was absent. A quorum was present. City staff present were City Attorney Susan Buxton, City Treasurer Ashley Royal, P & Z Administrator Andy Locke, and City Clerk Cherry Woodbury. Public Comment Loren Parapovich requested an update on the potable water project (water treatment plant). Mr. Eimers reported the City was working on a grant funding in conjunction with new filtering technology. The City has acquired an estimated $250,000 in funding based on demonstration grant for known technology. The grant application is being prepared for processing. Consent Agenda AB 99-16 Minutes Of Feb 5, 1999 — Special Meeting Minutes Of Jan 28, 1999 - Regular Meeting Minutes Of Dec 21, 1998 — Special Meeting Invoice Approval List Dated Feb, 1999 Payroll Report Dated Jan 29, 1999 Old McCall Jail Interpretive Center & Partnership Agreements There were questions regarding some of the invoices and the Hawley Troxell charge to the General Fund should be changed to the Sewer Fund. Ms. Buxton commented the Idaho Code with regard to payment of bills. Ms. Buxton will inform the Council on the Code Section. Ms. Arp requested that AB 99-16 be removed from the Consent Agenda. Ms. Arp moved to approve the Consent Agenda as amended with the exception of AB 99-16. Mr. Eimers seconded and the motion carried unanimously. Council Minutes - Feb11, 1999.doc Page 2 of 8 Business AB 98-149 Quaker Hill Andy Locke reported that 23 additional letters had been received and this item was ready for Council decision. Ms. Arp inquired about other camps. Mr. Locke stated two camps had master plans in place. Paradise Point had a CUP for water intake. Mr. Locke stated it was undetermined whether the master plans were initiated because of an expansion project. It is anticipated that Quaker Hill master plan will be ready for approval process sometime in March. Ms. Arp commented that the existing Quaker Hill CUP came into existence in 1994. She felt a master plan would be a good way to address public concerns. She sees the current CUP as an expansion of the "grandfather CUP". Although the intention may be well and good, Ms. Arp felt the effects of such an expansion need to be considered. Mr. Eimers stated that outside recreation and camps were what McCall was all about. However, he felt consideration for neighbors is a factor. The camp had been there for some 65 years and Mr. Eimers felt a master plan could resolve most of the issues. He encouraged the area residents and camp management to work together. Mr. Muller felt the 50 feet of lakefront may become an issue with the increase in attendees. Ms. Buxton commented the Council had an option to table the CUP and have the master plan come before Council first and thus the applicant would have the option to withdraw the CUP. The master plan will require the public process and hearings. Ms. Arp moved to table the CUP for Quaker Hill until on or before May 1st. Mr. Eimers seconded and the motion carried unanimously. This item to be on the agenda for the second meeting in April. AB 99-16 Old McCall Jail Interpretive Center & Partnership Agreements Ms. Buxton spoke on both of the agreements. She reported on the issue with Mr. Udell and his interests in property at the Old Jail. She felt the agreements were not an irretrievable commitment of resources and could be reversed if resolution on the property was not obtained. She noted that the agreement stated if the funds were not used, they must be returned. Mr. Muller moved to approve the ST-3270(631) Cooperative Agreement and the SBID- 3270(125) Old McCall Jail Agreement and authorize the Mayor to sign. Mr. Eimers seconded. At a roll call vote Mr. Muller, Mr. Eimers, Mr. Venable and Ms. Arp voted "aye". The motion carried. Council Minutes - Feb11, 1999.doc Page 3 of 8 AB 99-10 Golf Course Fees Mr. Eimers commented on the auditors' concerns regarding the state of the fund. Mr. Eimers inquired about a 3% increase due to the deficit in the fund. Mr. Muller had talked to several people about the fee proposal and the responses were that the fee structure was acceptable. He felt the course had not yet been marketed and the amount of play determined on the improved course. Ms. Arp felt it was getting down to the time limit and the proposed fee schedule should be approved. Mr. Muller requested that Mr. Pillard keep Council aware of the marketing strategy. Ms. Arp moved to approve the 1999 fee structure as presented. Mr. Muller seconded and the motion carried unanimously. AB 99-11 Ordinance No. 729 Susan Buxton reported that under Idaho law, lien on property for City utilities must be stipulated in the contract with the customer. City Code has requirement for such a contract. Ms. Buxton stated Mr. Royal has made modifications to the Code section. Ms. Buxton has legal assistance reviewing modifications and will bring this item back to Council at a future meeting. Council agreed with Ms. Buxton that issue should have a public hearing. It was noted a 15 day period has be allowed in the public hearing process. Ms. Buxton emphasized the importance of Public Works being involved in the process since utility shut offs will have to be in a timely manner. Mr. Muller requested Mr. Royal provide a document showing what it will cost a landlord under the new ordinance. Ms. Buxton stated the elements would be 1) dollar amount to cover time until shut off 2) dollar amount to turn off and back on and 3) payment history of customer. Ms. Buxton recommended item be tabled and presented at next Council meeting. Mr. Royal reported that action was already being taken to have property owners sign contact. Mr. Muller moved to table Ordinance No. 729 until the February 25th meeting. Ms. Arp seconded and the motion carried unanimously. AB 98-146 Winter Storage Lagoons Andy Locke gave a status report on the project. The draft of the FONSI is complete and available for public review at City Hall along with the revised facility plan and other Council Minutes - Feb11, 1999.doc Page 4 of 8 documents. A public hearing is scheduled for March 1st at 7:00 PM at the Clubhouse. This will be a joint meeting with BOR, DEQ, and the City of McCall. Mr. Locke reported on the meeting with RH2 to discuss various items such as landscaping. Mr. Locke will respond to a letter received from Mike Barton on the project. AB 99-13 Kleinfelder Contract Mr. Muller reported he attended the meeting to discuss this change order in the amount of $86,270.30. He commented that most of the changes came as a result of tightened requirements by the government agencies. He commented there was actual savings by Klienfelder handling the work and keeping it with an Idaho firm. RH2 expenses for this work would have been more. Mr. Muller reported Kleinfelder now understood this change order should have come before Council, but City Manager Olson did not promote such action. Ms. Arp felt some items should have been anticipated and a more realistic cost figure given by Kleinfelder / RH2. Mr. Eimers stated change orders were what the Council did not want to see on projects and this was a large one. Mr. Muller commented the wetland issues were resolved, permits applied for, and the work done. Both Mr. Muller and Ms. Arp wanted it conveyed to RH2 that Council should have been apprised of such action. Ms. Buxton commented this was a contract amendment. It was her opinion a letter to RH2 and Kleinfelder should be written specifying change orders must be approved by Council before the work is done. Ms Buxton requested a 5 minute recess. Mr. Eimers moved to recess. Mr. Muller seconded the motion carried unanimously. The meeting reconvened at 8:45 PM. Ms. Arp moved to approve the Kleinfelder change order dated January 15th with additional wording written by the City Attorney. Mr. Muller seconded. At a roll call vote Ms. Arp, Mr. Muller, Mr. Venable and Mr. Eimers voted "aye". The motion carried. AB 99-15 City Manager There was discussion on the applicants for Interim / Permanent City Manager. Ms. Buxton noted a written agreement from the candidates must be obtained to do a criminal background check. Ms. Arp suggested this be done on the top 3 candidates. Council Minutes - Feb11, 1999.doc Page 5 of 8 The next step in the selection process will be to talk to people in the community as well as reference checks on the top candidates. It was noted that 2 of the top 3 were local. Contract and terms will be negotiated. Ms. Buxton stated she would provide a list of questions NOT to be asked for legal purposes. The following Selection Committee members are to do the background checks: Committee Member Candidate Loren Parapovich B. McMakin Allan Muller Loren Parapovich Marilyn Arp Kirk Eimers Ray Venable B. Kretschmer W. Robertson Council agreed to schedule a special Executive Session for February 18th at 3:00 PM to review the information. The Selection Committee members are to be informed of the special meeting. IReports 1 Staff City Attoreny - Reviewed the Attorney Action List which will be included in the packets City Treasure - Reported working on evaluation list of "to do" items - Working on training process for staff and flow of financial information Mr. Royal was asked when the audit information would be available. Mr. Royal estimated sometime in March and it will be put on the Council agenda. Mr. Royal was asked to remind the auditors to have copies of the report to Council before the presentation is made. Ms. Buxton noted that the City Attorney needed a draft so the legal audit letter could be completed. The major elements that need to be addressed in the legal audit letter are financial obligations and claims the City is involved in. City Clerk - Reported on the information from Kevin Bissell, Toothman Orton. All payments made except retainage of $46,300.82 due Seubert. Seubert to provide liens to Toothman Orton. Toothman Orton to compile final report with as build drawings. This final report is needed by FAA. Council Minutes - Feb11, 1999.doc Page 6 of 8 P & Z Admin - Reported on base mapping being a GIS critical link. Estimated cost would be $18,000 - Reviewed some of the work being done on the J Ditch project - Noted sign ordinance draft document. Discussion followed on citation case. Council Ms. Arp - Will be in Washington DC and not present at the February 25th meeting - Noted direction was still needed for Page Parker and the Hayden matter Mr. Muller - Handed out information on computer equipment and requested it be put on the February 25th agenda. Ms. Arp felt she was not prepared to authorize this expenditure at this time. Mr. Eimers felt he would support expense. Mr. Eimers Nothing further Mr. Venable - Nothing further Executive Session Mr. Eimers moved to go into Executive Session per Idaho Code 67-2345(b) and (f) to consider personnel matter and pending litigation. Mr. Muller seconded. At a roll call vote Mr. Eimers, Mr. Muller, Ms. Arp and Mr. Venable voted "aye". The motion carried. Council came out of Executive Session at 10:45 PM Mr. Venable moved to direct Page Parker to defend the City on the Hayden case and seek a suitable settlement. Mr. Muller seconded and the motion carried unanimously. Mr. Muller moved to direct the City Attorney to seek the City's water right to its effluent and to oppose the filed application. Mr. Eimers seconded and the motion carried unanimously. IAdjournment i Without further business, Mr. Muller moved to adjourn. Mr. Venable seconded and the motion carried unanimously. The Council adjourned at 11:00 p.m. Council Minutes - Feb11, 1999.doc Page 7 of 8 ATTEST: City Cherry •odbury, y Clerk Kirk Eimers, Mayor Council Minutes - Feb11, 1999.doc Page 8 of 8