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Council Minutes 1999 05/27CITY OF MC CALL MINUTES Regular Meeting City of McCall Thursday -May 27, 1999 Table Of Contents Call To Order And Roll Call 2 Public Comment 2 2 �iness.............................................................................................. 3 AB 99-51 Undergrounding Utilities......................................................... 3 AB 99-52 Ice Skating Rink.................................................................. 3 AB 99-33 Dust Oil Bids....................................................................... 4 AB 99-50 Chip Seal Bids..................................................................... 4 AB 99-47 Earth Tech Contract.............................................................. 5 AB 99-53 Drug Testing Policy.............................................................. 6 Reports. Adjournment 8 Council Minutes May 27.doc Page 1 of 8 MINUTES Call To Order o The regular meeting of the McCall City Council was called to order by Mayor Eimers at 7:05 p.m. Ms. Arp, Mr. Eimers, Mr. Muller and Mr. Venable answered roll call. Mr. Colton was absent. A quorum was present. City staff present were Interim City Manager Bill Robertson, City Attorney Dave Bieter, and City Clerk Cherry Woodbury. Public Comment r AB 99-49 Anti Racist Action Brian Wood, a high school student, gave a presentation on the organization. Ana Demetriades stated that a survey was conducted at the school and reported on some of the comments made by students during the survey. She commented on heard about incidents at the school. She requested the support of the community to put a stop to what was felt to be unacceptable behavior. Stephanie Valle reported on the community activities being considered by the organization. The tentative date being considered by the organization for the activities was July 25th. Ms. Arp inquired about the number of participates and was informed there were about 20. It was stated that this is a national organization. IConsent Agenda I Minutes Of May 13, 1999 — Regular Meeting Minutes Of May 19, 1999 — Special Meeting Invoice Approval List Dated May, 1999 Payroll Report 5/21/99 Request For Hand Check For Utility Billing Corrections to the minutes were noted. Ms. Arp inquired about the auto insurance coverage increase with addition of a police car. Mr. Muller inquired if Brassey and Wetherall charges were for the JUB related law suite. Mr. Bieter commented the insurance company was not covering the matter but the attorneys disagreed. This will be resolved at a later date. Ms. Arp inquired about the Kleinfelder bill for over $8,494.12. Discussion on this was that it was not to exceed $1,000. Thus, this bill will be challenged. Ms. Arp stated the Airport phone charges appeared high. After discussion Council felt a policy should be set on the Clubhouse charge for City meetings at the facility. Council Minutes May 27.doc Page 2of8 Additional Items To The Consent Agenda - Beer and Wine Licenses for Club Car and Louigi's - Donation of ammunition by Medley's - Warrant register addition Ms. Arp moved to approve the Consent Agenda with the additions. Mr. Muller seconded and the motion carried unanimously. Business I AB 99-51 Undergrounding Utilities Karl Peck reported on the undergrounding of utilities project. Some easements were still needed for the placement of switch boxes. During the construction phase, he commented there would be no parking in the area, a detour of traffic, and at least a 6 hour power outage. Mr. Peck stated the cost appeared to be about $35,000. Still being investigated was pavement cutting and the street lighting plan was needed from Keller & Associates. This project for street frontage would include 3 blocks. This is part of the Downtown Improvement block grant. Mr. Peck reported the most expensive portion would be to get the trench open and lay the power line. Falcon Cable and the phone lines will also be included in the undergrounding at that time. Mr. Muller commented that Park Street to Stibnite would be a large section to underground and would really improve the appearance of the City. Discussion followed on the funding possibilities to cover extending the project. Mr. Peck stated it may be wise to first determine the plans for the old Shaver's building. Grant funding possibilities were discussed. No action on the agenda item was needed. AB 99-52 Ice Skating Rink Ballard Smith stated the it would be a refrigerated ice rink. He gave a status report on the project. The project originated when Irwin Mulnick sought support from Mr. Sabala. Mr. Smith then became involved and further support was solicited. For the last 8 months fund raising efforts have taken place. Mr. Smith reported on a meeting with Larry Leasure and it was felt an understanding with the Shavers had been reached. Mr. Smith thought the Shavers would also donate towards the project. The estimated cost of the building and site would be about $2 million. Mr. Smith stated unless this was a community project, it would not materialize. Mr. Smith commented there still was a issue about who would have ownership and manage the facility. Parking would be a significant issue. He commented on the land for sale in the proximity (next to Paul's) Council Minutes May 27.doc Page 3 of 8 that could be used for parking. He reported the price mentioned for that property was about $250,000. Of deep concern to Mr. Smith was the general direction of the City. He mentioned the Shore Lodge expansion and M Resort project. He felt what Doug Manchester and John Carey had done for the community were good projects. Mr. Eimers stated endorsement of the ice rink project. There was discussion on the Memorandum of Understanding with Mr. Carey relating to East Lake Street. Mr. Eimers inquired what Council could do to move the project along. Mr. Smith commented on necessary permits and approvals. He felt a list of things needed for the process would be helpful and requested a contact person. Mr. Robertson stated he would be available. Mr. Muller inquired about retail shops connected with the rink. Mr. Smith stated a major issue was how this rink would be operated and paid for. He suggested looking at other ways to generated revenue such as a Recreation District, Local Option Tax, etc. Mr. Smith stated the need for someone to take lead to acquire the land next to Paul's for parking. Mr. Robertson volunteered to initiate a meeting with the property owners. Mr. Smith requested that Mr. Robertson represent the City. Mr. Smith commented the supporters would like to see skating on that site next winter, even without refrigeration. Mr. Smith wondered about Citizens Telecom moving to another location. This would also free up more space. Mr. Fereday expressed concern about architectural appearance. Mr. Smith reported an Olympic size rink would be 100 feet by 100 feet and the goal to strive for. He stated the project would go through the public process but would be built with private funds. Another $1.5 million still needs to be raised. Mr. Smith would like the project to take about a year. All Council members were in support of the concept of the project. AB 99-33 Dust Oil Bids Bill Keating reported on the Dust Oil Bid results. He noted the Eterna-Line bid was $.80 per gallon and Lyman Dust Control was $.81 per gallon. Mr. Keating commented that Eterna-Line had done the work last year. Mr. Eimers moved to approve the Eterna-Line bid. Ms. Arp seconded. Discussion followed on letting the public know where the work was being done. At a roll call vote Mr. Eimers, Ms. Arp, Mr. Venable, and Mr. Muller voted "aye". The motion carried. AB 99-50 Chip Seal Bid Bill Keating reported on the Chip Seal Bid results. There was discussion on the wide cost range of the bids. Eterna-Line, Kloepfer, and Poe were the bidders. Mr. Keating reviewed what streets would be included in this year's work. He also explained the chip seal process. The work would entail 2.48 miles. Ms. Arp moved to approve the Eterna-Line Chip Seal bid. Mr. Venable seconded. At a roll call vote Ms. Arp, Mr. Venable, Mr. Eimers and Mr. Muller voted "aye". The motion carried. Council Minutes May 27.doc Page 4 of 8 AB 99-47 Earth Tech Contract Dave Bieter reported on the Earth Tech contract. The contract, as submitted, was substantially the same as the document included in the bid package. He reported on the discussions with Earth Tech and RH2. He commented on the liquidated damages section and the penalty of $1,000 a day. Earth Tech would submit a work schedule that would be the timeline for this project. Mr. Bieter recommended approval of the agreement contingent upon the engineer's approval. Mr. Bieter reported on the NEPA documents. Both the FONSI and the Environmental Assessment have been issued from the BOR. The DEQ documents are forthcoming. Mr. Bieter stated both documents from the BOR give considerable support to what has been done. The BOR have included a cost analysis in the Environmental Assessment document and concludes the cost overruns on the Seubert site would be between 3 and 5 times the amount. Mr. Bieter stated it was a detailed and carefully done document. Mr. Bieter read excerpts from the document. He read a portion relating to the Seubert purchase agreement, the additional cost of $1.7 million to move the 700,000 yards of material from the Seubert site and other associated costs which would cause the overruns. Mr. Robertson had talked to IDWR and there were a number of issues such as contamination on the Seubert site. The M Resorts appeal will be heard Friday, May 28th. Mr. Bieter stated that M Resorts requested a stay so that the CUP could not go forward. Mr. Bieter commented that it is not common for a judge to approve the stay, but rather that the judge give caution in moving forward. Discussion followed on "what if' circumstances of the legal process and options concerning the issue. Mr. Robertson gave a report on discussions with the BOR. There will be a Cooperative Agreement that will include a statement prohibiting ground work prior to June 15th. JUB objected to the NEPA approval but the agencies felt a reduction in size / volume would have a positive impact. Mr. Robertson reported that if the project was to be built different than what was approved, the City would have to go back for BOR approval. Mr. Robertson still felt the volume could be reduced, but this proposal would have to go back to BOR because of the change in shape and size. Mr. Robertson reported DEQ had done a preliminary FONSI but due to court involvements, it was expected the documents would be forthcoming in the next week or two. Council Minutes May 27.doc Page 5 of 8 Mr. Eimers reiterated the three critical information components needed from the last meeting 1) Concurrence on size of the two ponds 2) NEPA documents completed 3) Total volume requirement Mr. Robertson spoke on the size of the first pond. He commented that the farmers were ready to accept the effluent now and this was a wet year. This would allow for the disbursement of an additional 20 million gallons. This would lend support for the reduction in size of the first pond. Mr. Robertson was surprised that more public support had not been given for the reduction in pond size and the difference in shape. Discussion followed on the status of the three critical information components. 1) First pond size would come back from Earth Tech in the redesign 2) NEPA documents were virtually done 3) Total volume looks like it could be less than 360 million gallons Ms. Arp commented on the need to understand that people are gun shy because of all that has happened. Mr. Venable felt that with the potential positive changes the citizens should be happier and the project more acceptable. Mr. Muller noted that mitigation has to be a big part of this project. Mr. Eimers inquired about reconsidering the Seubert. Mr. Bieter stated that the Force Majeure would not be allowed to go into effect and the BOR documents do not support the Seubert site. Mr. Muller felt the Seubert site was never the correct site and based on all the items listed in the NEPA document this was verified. Mr. Muller moved to approve the Earth Tech contract contingent upon final lawyer and engineer approval and authorize the Mayor to sign. Mr. Venable seconded. At a roll call vote Mr. Muller, Mr. Venable, Mr. Eimers voted "aye". Ms. Arp voted "nay". The motion carried. Ms. Arp inquired what a stay would do to the contract. Mr. Bieter stated a contract is contingent upon release of funds from agencies. AB 99-53 Drug Testing Policy Bill Robertson gave a report on this agenda item. He noted the request to modify the policy was solely to make the testing company generic. Mr. Robertson noted that Minert & Associates had not been reporting to the City within 3 days tests that showed positive. He recommended changing to another company, Wienhoff & Associates, that provided services. Council Minutes May 27.doc Page 6 of 8 Ms. Arp moved to change the drug testing policy to make it generic and use the services of Wienhoff & Associates. Mr. Muller seconded and the motion carried unanimously. IReports I Staff City Manger - Reported on the Kleinfelder invoice and response from agencies that additional work and expenses were necessary to conform with guidelines and requirements Dam failure document expense of $9,800 needs to be presented - Gave update on 319 grant redirection of funds Attomey - Nothing further Mr. Eimers inquired about the Sewer District Contract status. Mr. Robertson gave an update on the repayment timeframe of the $3.1 million, determination of when the final project was completed, etc. Mr. Bieter noted that RH2, City Manager, and City Attorney would all be in Boise the week of June 1 sc and could meet to discuss the formation of a contract. Mr. Bieter stated that RH2 was to pay witness fees as a result of the subpoena from Davis Wright. City Clerk - Reported on attending the presentation by Bill VonTagen, Deputy Attorney General Council Ms. Arp - Nothing further Mr. Muller - Inquired about merit system for employees and would like to see this done Mr. Venable - Nothing further Mr. Eimers - Mr. Eimers appointed Wes Rhoades to the Transportation Committee Council Minutes May 27.doc Page 7 of 8 IExecutive Session I Mr. Eimers moved per Idaho Code 67-2345(f) to consider pending litigation to.go into executive session. Mr. Muller seconded. At a roll call vote Mr. Eimers, Mr. Muller, Mr. Venable, Ms. Arp voted "aye". Motion carried. Mr. Eimers requested a 5 minute recess. Mr. Muller seconded and the motion carried unanimously. Mr. Eimers moved to authorize an additional expenditure not to exceed the recommended amount for various items in support of the water litigation. Mr. Muller seconded and the motion carried unanimously. Other items of potential litigation were also discusses. 1 Adjournment I Without further business, Mr. Eimers moved adjourn at 10:40 p.m. Mr. Muller seconded and the motion carried unanimously. ATTEST: Kirk Eimers, Mayor CO Cherry • •dbury, City Clerk Council Minutes May 27.doc Page 8of8