HomeMy Public PortalAboutCouncil 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