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Council Minutes 1999 04/08CITY OF MC CALL MINUTES Regular Meeting City of McCall Thursday - April 8, 1999 Table Of Contents ExecutiveSession.................................................................................. 2 Call To Order And Roll Call 2 Public Comment 2 3 AB 99-31 Resolution 3-99................................................................... 4 AB 99-32 Resolution 2-99.................................................................... 4 AB 99-29 Sewer Lagoon Bids.............................................................. 4 AB 99-27 Recreation Programs............................................................ 6 Adjournment g Council Minutes Apri18.doc Page 1 of 8 MINUTES Executive Session — 6:30PM Mayor Eimers called the meeting to order 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 Interim City Manager Bill Robertson, City Attorney Dave Bieter, and City Clerk Cherry Woodbury. Mr. Colton moved to go into Executive Session. Mr. Eimers seconded. At a roll call vote Mr. Colton, Mr. Eimers, Mr. Venable, Ms. Arp, and Mr. Muller voted "aye". The motion carried. Mr. Colton moved to come out of Executive Session. Mr. Muller seconded and the motion carried unanimously. Call To Order The regular meeting of the McCall City Council was called to order by Mayor Eimers at 7:15 p.m. Mr. Eimers moved to authorize those activities and the expenditures of funds necessary to follow the attorney's recommendation to develop capital costs and alternative costs in order to allow the City's attorney to establish damages sustained on the water treatment plant. Mr. Colton seconded and the motion carried unanimously. Public Comment I Loren Paripovich inquired about an update from the Council on the water treatment plant. Mr. Eimers stated sometime in June more information would be available. Mr. Paripovich inquired about the law suit funds ($1.8M) due from Montgomery Watson. Mr. Bieter stated the information just received during Executive Session dealt with this matter. The liability issue has already been decided and a new trial would only be on damages. Mr. Paripovich inquired about investigating new technologies and was informed alternatives are being explored. Hugh McNair spoke on the proposed resolution where developers pay an amount for infrastructure. He felt the resolution was open ended. He suggested 15% — 20 % of the value for utility work be set aside to improve the system. Mr. McNair commented the resolution leaves it to the discretion of the City. Robertson noted he had received a letter from Mr. McNair and would like to discuss the suggestions with him. Mr. McNair is to furnish Mr. Robertson names of other cities that have addressed this issue. Council Minutes Apri18.doc Page 2 of 8 AB 99-29 Sewer Lagoon Bids Mr. Robertson requested a change to the agenda. He stated the agenda bill was for discussion but would like to modify it to potentially selecting the successful bidder as information was just received from the City Engineer. Dave Bieter reported the agenda could be modified at the last minute if information was not received when the agenda was prepared. He stated any action taken would be contingent on federal and City approval. No funds could be committed until approval was obtained. Mr. Bieter felt there was nothing legally in the way of only awarding the bid at this time. Mr. Robertson stated the expectation was to have all the administrative work done in order to go ahead after federal and agency approvals are given. He felt it was possible to start negotiation of the contract without expending funds. Mr. Robertson felt this would allow the selected contractor, with the understanding the City incur no costs at that point, to start thinking about how the project would be undertaken. Mr. Colton felt it would be hard to make a decision without seeing the information. He felt if the decision was made to award the contract it presumed the facility would be built on that site. He requested that all the sites be laid out in a document with reasons for and against each location. Ms. Arp asked that a grid be compiled with the selected sites, pros and cons, and agency documents noting support or rejection of the various sites. Mr. Eimers stated Mr. Locke had prepared a document of the alternatives investigated. Mr. Eimers reviewed the steps taken thus far and suggested going forward. Eimers moved to modify the agenda. Mr. Muller seconded. The motion carried with a 3 to 2 vote. Consent Agenda i Minutes Of March 25, 1999 - Regular Meeting Invoice Approval List Dated April, 1999 Payroll Report Dated March 26, 1999 Lake Port Plaza — Final Plat Approval — extended to March 2000 Mr. Robertson reported a separate diesel fuel account had been opened. There was over $12,000 already, plus this year's fuel tax refund. Mr. Royal noted the RH2 bill for $14,302.30 was not on the warrant register. Mr. Colton moved to approve the Consent Agenda including the payment to RH2 in the amount of $14,302.30. Mr. Muller seconded and the motion carried unanimously. Council Minutes - April 8, 1999.doc Page 3 of 8 Business Mr. Eimers stated with real sadness that Andy Locke would be leaving the City. Mr. Locke was going back East to accept a job and for personal reasons. The Council wished Mr. Locke good luck and thanked him for all the work well done. AB 99-31 Resolution 3-99 Andy Locke presented background information on the resolution and the intent of it. He stated the resolution would reinforce the policy that the developer install the utilities that best serve the City. He noted the example of SMR cited in agenda bill and commented on the developer installing infrastructure to meet the requirements. He noted the City does have a water master plan but no sewer master plan. He commented on the McNair situation and the difficulty caused by personnel changes and City staff vacancies. Arp stated conceptually the resolution appeared good but inquired about legal counsel reviewing it. Mr. Bieter stated it had not been reviewed as yet. Mr. Eimers asked how to deal with the McNair situation. Mr. Locke stated he would work with the customer /developer to find some solution. Mr. Robertson stated the item would be scheduled for the next agenda. AB 99-32 Resolution 2-99 Ms. Arp moved to approve Resolution 2-99 designating who is authorized to sign checks and other disbursements. Mr. Muller seconded and motion carried unanimously. AB 99-29 Sewer Lagoon Bids Mr. Robertson again presented the agenda item, displaying a document with bid information. He reviewed the bids submitted, components of those bids, and explanations for the various cost figures. Four bids were received. They were from Earth Tech, Williams Brother, Turnkey, and Nelson. Mr. Robertson stated follow-up would be done with DEQ and the agencies regarding screen and liners and requirements pertaining to those items. He reported the bid proposals revealed that 2 of the 4 bidders were possible selections based on cost. Mr. Robertson reported RH2 recommended Earth Tech who does meet the requirements and are low bidders. Williams Brother would be the other firm for consideration. Mr. Robertson noted a representative was present from Earth Tech to answer any questions. Council Minutes Apri18.doc Page 4 of 8 Ms. Arp noted the bids were very close and wondered about Earth Tech doing both the engineering and construction. She inquired about history of the other companies. Mr. Robertson felt all 4 were good qualified companies. He commented that DEQ knew quite a bit about Earth Tech who has offices in Boise. Williams Brother is out of Spokane. Mr. Robertson reported the bid documents were not returned to City as yet. Mr. Eimers asked to look at it as two issues I) Is the City on right site and 2} If it is the correct site what is the City going to do. Colton wanted to review all site options and get the governmental agencies to come up with reasons why various sites were acceptable or not. Mr. Colton felt the City may be on the correct site with the information known and stated all information was not known by the public. He felt the City owed it to the public to say why specifically the Bezates site had been selected. Discussion followed on the meeting that was to have taken place, but did not materialize, with M Resorts, the Westside Collation, and government agencies. Mr. Muller inquired about effects of not awarding the bid at this time. Mr. Robertson stated the benefit would be to the contractor. Mr. Robertson felt it was to the City's advantage to award the contract now. Mr. Colton stated he owned some property within 300 feet of the effected area. Mr. Colton wanted to make this fact public. Mr. Bieter stated Mr. Colton's position would be more important during consideration of the CUP. Mr. Bieter felt the City needed as much time as possible to negotiate the contract and making the award decision now would allow that. Ms. Arp stated opposition and was not ready to award the bid until the agencies have come forth with documentation in support of the site. She noted the item was on the agenda but the understanding had been that no award was to be made. Mr. Colton inquired as to long it would take for the agencies to respond. Mr. Robertson reported due to law suits on this project, the agencies have estimated a response would be forthcoming the end of April Mr. Colton stated that public argument seems to be on two sites — Seubert and Bezates. He inquired as to how long it would take for staff to compile the pros and cons for those two sites. He felt Council could have a meeting at any point in time to award the contract and by policy it would be awarded to the low bidder. Mr. Colton was prepared to delay a decision until the next meeting. Mr. Robertson stated over the next two weeks efforts would be made to receive and disseminate information. Mr. Robertson, with legal approval, will write some responses and articles to inform the public. Mr. Bieter stressed the importance of having the award on next agenda while Mr. Locke was still available to present information. Mr. Colton asked that the agencies be specific and direct attention only to the two sites and respond on those sites. Mr. Robertson will gather information from the agencies, the engineers, and staff. Council Minutes Apri18.doc Page 5of8 Dean Martens requested that the pros and cons be presented but Council not make a decision and take further public comment. Mr. Venable left the meeting. AB 99-27 Open Discussion Of Recreation Bob Peckham showed the new department sign. He reviewed the winter activities. He gave an update on the recreation building, noting it was on schedule and should be ready in 3 — 4 weeks. He commented that the building would be used on Friday and Saturday nights as a teen center. Mr. Peckham reported the ice rink was a huge success. He reported three grants had been applied for, He presented the idea of a double wide trailer being placed by high school to be utilized as a teen center and potentially operated by Young Life. Mr. Peckham commented on department brochure being compiled. He reported on the negative aspects of the fish pond. FAA may be putting a stop to the project as it is within 5000 foot of the airport and may attract water fowl. Mr. Robertson gave an example of the danger that existed in Alaska. Mr. Eimers complimented Mr. Peckham on written report. Mr. Colton noted prior discussions on how the department should fit into the City organization and budget. He reminded Mr. Peckham to consider fees in conjunction with the budget. He also brought up the potential for other programs such as arts and crafts. Mr. Colton stated if there was a need for more funds for a program that Mr. Peckham should include these in the budget and present for approval. Mr. Peckham noted the department focus will included programs for the elderly and physically handicapped. He felt these were areas really lacking. Mr. Peckham also noted the department would really benefit from a 15 passenger van. Ms. Arp inquired about renting school buses. Mr. Peckham explained that would be expensive. Mr. Peckham asked for program expectations from Council. Ms. Arp suggested Mr. Peckham present at a future date proposals and rational. Mr. Peckham felt the department has made progress and there was a good core group of existing programs. IReports i Staff City Manger Fire Chief would like Council support to go forward with reducing district fire rate to lower citizen insurance rates Reported that 6 payroll related payments are continually late due to meetings cycle He asked for approval to pay when present by vendor and noted that payment would them show on next warrant register Council Minutes Apri18.doc Page 6 of 8 Mr. Eimers moved to allow payment when due of these 6 bills with a +/- 3% variance Mr. Colton seconded and the motion carried unanimously. City Treasurer - Noted an ambiguous bank account with a small sum - Reported separated accounts have been initiated with the State investment pool -Working on balance sheet to provide good information - Utility billing staff is working on resolving problem accounts and the conversion schedule is for the first of May - Unable to implement new ordinance passed as it must be published and awaiting summary form to publish - Utility shut off procedures are to be implemented - Purchase order process implemented - In process of writing response to auditor's management letter -LID conversion to new software is more complicated than expected Attorney - Nothing further City Clerk -Nothing further P & Z Admin - Sign ordinance set for public hearing on April 27th and before Council the end of May Mr. Bieter mentioned there was a way to offer incentives for compliance to the ordinance. Mr. Locke felt the proposed ordinance was not so stringent that an incentive would be necessary - Comp Plan kickoff process meeting set for April 21 st - Stated has enjoyed the experience of working for the City over the past 3 years Council Ms. Arp - Nothing further Mr. Colton -Mentioned the City Manager process and the next step to conclude the matter There are some 20 applications for further screening. Then narrow the list down to 2 —3 possibilities and compare to current person in the position Mr. Bieter suggested a contract not be offered at this time. Mr. Colton noted that the same process would be followed. Ms. Arp commented it would be better to just state the City was not offering a contract. Mr. Muller - Nothing further Council Minutes April8.doc Page 7 of 8 Mr. Eimers -Reported on meeting regarding alternate highway and the various phases Next meeting with Transportation Department will be April 30th at 10 a.m. in Council Chambers. Ms. Arp requested that the agency document in writing the status of the project. The Council will send a letter outlining the City's understanding and requesting a response in writing. Mr. Colton moved for a 5 minute recess. Mr. Eimers seconded and the motion carried unanimously. Executive Session Mr. Colton moved to go into Executive Session per Idaho Code 67-2345 to consider pending litigation. Mr. Eimers seconded and motion carried unanimously. Council came out of Executive session at 11:00 p.m. and there was no motion. Adjoumment I Without further business, Mr. Colton moved to adjourn. Mr. Muller seconded and the motion carried unanimously. The meeting adjourned at 11:13 p.m. ATTEST: odbury, City Clerk C Kirk Eimers, Mayor Council Minutes Apri18.doc Page 8 of 8