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Council Minutes 1999 10/28CITY OF MCCALL MINUTES Regular Meeting City of McCall October 28, 1999 Table of Contents Call To Order and Roll Call Public Comment Consent Agenda Business Reports Executive Session Adjournment 1 MINUTES Call To Order The regular meeting of the McCall City Council was called to order by Mayor Eimers at 7:OOpm. Ms. Arp, Mr. Colton, Mr. Eimers, and Mr. Muller answered roll call. A quorum was present. City staff members present were City Manager Bill Robertson, City Attorney Dave Bieter, and Deputy City Clerk Cathleen Koch. Public Comment No comments were made. Mayor Eimers welcomed the Boy Scouts. Consent Agenda It was noted that Mr. Venable was now present. There was an addition to the executive session per Idaho Code 67-2345(b) to consider a personnel matter. The minutes of September 21, 1999 had the wrong time for adjourning. The minutes of October 14, 1999 had revisions under agenda bill 99-102, 99-91 and the reports section. Mr. Colton moved to approve the consent agenda. Mr. Muller seconded the motion. All council members voted aye. The motion carried. Mayor Eimers asked Ashley Royal when the End of Year preliminary reports would be complete. Mr. Royal said they would be done next week. Business AB 99-109 "Traffic across county to WestRock" Les Ankenman, Valley County Engineer, gave a presentation regarding the access to WestRock. Mr. Ankenman is seeking input and requesting letters from the City Council regarding issues with the plans. There are three corridors proposed one will be through Donnelly, the second on West Mountain Road and the third is the Middle Fork of Weiser Road. Les has been to the City Council and the Chamber of Commerce in Cascade. He expects to receive a response from them including highway 55 as long as Cascade can handle the traffic. Les explained that when Cascade can no longer handle the traffic, a bypass will be needed. Mr. Ankenman has a letter from the City Council in 2 Donnelly. He expects the corridor to stay on highway 55 through Donnelly and then it will head West on Rosebury Road. There is a proposal to widen the Middle Fork of Weiser road. It will be paved with graveled shoulders and a speed of 45 miles per hour. It should take 40 to 45 minutes to get to West Rock from Council. Mr. Ankenman is requesting letters from agencies like the City Council of McCall to support his application to promote the roads to WestRock. Les met with the Board of Directors of the Chamber of Commerce of McCall. Mr. Ankenman asked if West Mountain Road should be considered as the primary access to WestRock. He explained that if it were, Valley County would have to change their maintenance practices. Currently, the road is not maintained during the winter months from Smilie Road to No Business Road. He went on to say that the road would have to be reconstructed. The funding would come from Valley County and developer funds. The road would be built wide enough to accommodate a pedestrian pathway. Mr. Ankenman stated that the new roads would cause some traffic to detour from the City of McCall. He wants to know if this should or should not happen in the letter he is requesting. The Transportation Committee will include this item on their agenda to discuss the pros and cons of the alternative routes. AB 99-106 SAIC Revised Contract Lindley Kirkpatrick presented the revision for the current contract with SAIC to allow 1 additional meeting with the Steering Committee, 1 additional public meeting and additional mapping. There will be a public meeting November 4, 1999 to finish reviewing the preliminary draft. Mr. Kirkpatrick stated the reason to have additional mapping is so that a larger area can be looked at than is being considered now. Mayor Eimers asked where this would fit in the budget. Lindley assured the Council Members that it would be found within the current budget. Mayor Eimers moved to approve the revised contract and finish the comprehensive plan. Ms. Arp seconded the motion. Arp, Colton, Eimers, Muller, and Venable voted aye. The motion carried. AB 99-100 Resolution 10-99A Bill Robertson mentioned that at the last City Council Meeting resolution 10-99 was approved. Subsequent to that meeting, Nancy Krahn notified the city that she could not be one of the designated clerks. Bill asked that Shirley Potter be substituted as one of the clerks of the election. Ms. Arp moved to approve the resolution 10-99A. Mr. Muller seconded the motion. All council members voted aye. The motion carried. 3 AB 99-105 Recreation Department Van Lease Bob Peckham asked for approval of a lease/purchase for a 15-passenger van for the recreation department. $5,000 is in the budget for this year. It is a special municipality lease, which states that the department can purchase the van at the end of the lease for $1. The lease is $135 over the budget. Mr. Peckham is willing to take money out of his supplies to cover the cost if needed. The total cost of the van is $22,511 fully loaded with snow tires. Dave Bieter has seen the blank lease form. Mr. Colton moved to award the bid to Meridian Ford, approve the lease subject to Dave Bieter's review, and authorize the Mayor to sign the lease. Mr. Muller seconded the motion. It was confirmed that insurance would be an additional cost to the City. Arp, Colton, Eimers, Muller, and Venable voted aye. The motion carried. AB 99-107 Old City Jail/Udell Property Dave Bieter requested that the issue be taken up in executive session at Susan Buxton's suggestion. Mr. Bieter said the reason was due to potential litigation issues. The issue was addressed in the executive session. AB 99-108 DEQ Consent Order Bill Robertson highlighted the key issues discussed with the agencies on October 6, 1999: • Two cells are no longer required unless the engineer recommends going to two cells. • The construction would be completed by November 2, 2000. • Until the Seubert site is shown to be technically feasible, BOR funds can not be used and all costs of geotechnical and engineering must be paid from DEQ funds. Once the site is shown to be technically feasible, BOR funds will be used for all J-Ditch work. All BOR funds must be spent on or before September 30, 2000, afterwhich the City will only be able to use DEQ funds. Therefore, a good deal of control must be exercised to ensure that the City monitors the DEQ funds to have sufficient left over to complete the project. Also, that all BOR funds are spent. • DEQ informed the City that it would be unlikely that the City would be approved to do land application during the spring of 2000. If the permit is submitted soon, it may be possible to get approval for the fall 2000. This is due to an overload of applications made to DEQ for land application and the inability of DEQ to work through all of them in time. • It was clarified that prior to the City being allowed to lift the voluntary suspension of sewer hookups, it would be necessary to have started the irrigation season (or earlier land application) and that the Notice to Proceed 4 has been given to the contractor to begin the building of the Winter Storage Ponds. Dave Bieter was concerned that Al Barker had not had a chance to review the Consent Order and to give it his approval. While Dave did not think there would be any problem, he requested that we obtain approval by Al prior to signing the Consent Order. Mr. Colton moved to approve the Consent Order contingent upon Mr. Barker's approval. Mayor Eimer's seconded the motion. All Council Members voted aye. The motion carried. AB 99-101 JUB Settlement Agreement Bill Robertson stated that JUB had given no indication of their willingness to give a contract or scope of work for future work. The newspaper says the courts dismissed the lawsuit between JUB and DEQ. However, Kirby Vickers continues to be quoted that he will get his "day in court". Furthermore, Tom Arkoosh, JUB's attorney, continues to badger BOR. As a result, Mr. Robertson suggested that the settlement be tabled until after the election and give time to obtain a contract from JUB. Mr. Muller moved to table the JUB settlement until the November 3, 1999 Special City Council Meeting and advise staff to work with JUB on a contract and scope of work. There was discussion about why this was now a concern. Bill stated that he had repeatedly asked for a contract and scope of work and had not received one yet. Mr. Muller amended the motion to approve the final settlement with JUB contingent on JUB giving a contract and scope of work to staff's satisfaction on or before November 3, 1999. Mr. Colton seconded the amended motion. Arp, Colton, Eimers, and Muller voted aye. Venable voted nay. The motion carried. AB 99-110 November City Council Meetings Due to holiday schedules in November, the meetings for November were scheduled as a special meeting November 3, 1999 at 12:OOpm to canvass the votes and a regular meeting November 17, 1999 at 7:OOpm. Reports Bill Robertson stated that the Urban Renewal Committee requested the City not utilize the Lenora and 3rd Street lot for snow storage. Bill Keating prepared a report to address what would happen. The City would be forced into trucking snow. Mr. Robertson recommended not choosing this option this year. It was not in the budget to do so. Mr. Robertson further reviewed that a committee with Ralph Colton needs to fly to Oregon to meet with George Bezates about selling his land back to him. 5 Lindley Kirkpatrick explained that the Downtown Improvement Committee was nearing completion. There were some outstanding issues that still needed to be handled before the responsibilities would be complete. Ms. Arp asked about the overlaying of the streets. Bill Robertson said that Karl Augustine would call the State. There was also a meeting with ITD on November 10,1999. Mayor Eimers asked about a health hazard with the sidewalks open. Lindley said he would get back to him at the next meeting. Dave Bieter explained that the fishing from the docks had already been allowed. The current ordinance made it illegal without prior express consent from the council. Marilyn Arp asked about the letter from Timberlost II homeowners. Bill Robertson said that Dan Pillard had been trying to reach the appropriate people and had not been able to. Ralph Colton asked what needed to be done about Mike McCoy. He explained that Mr. McCoy was upset because the information was in court records and wanted to have the records changed. Mr. McCoy was also upset about statements from Bill Keating. It was noted that the records could not be changed but that he was a great employee. Mr. Bieter will draft a letter accordingly. Marilyn Arp would like to review the water rates and have them tied to the sewer rates. She suggested having usage rates for sewer instead of flat rates. The current rates are either commercial or residential rates. Ms. Arp also requested the council packets be delivered on Monday evening instead of Friday. Ms. Arp moved to deliver the council packets Monday evening. Mr. Muller seconded the motion. All council members voted aye. The motion carried. Allan Muller wants to set up a date with the city staff to review department savings and employee incentives. Mayor Eimers thanked Bill Robertson for the 80 hours a week he had worked for 4 to 5 months. Executive Session Mr. Colton moved to go into executive session per Idaho Code 67-2345(f) for pending litigation and Idaho Code 67-2345(h) to consider a personnel matter. Mr. Muller seconded the motion. Arp, Colton, Eimers, Muller, and Venable all voted aye. The motion carried. Mr. Colton moved to go out of executive session. Mr. Muller seconded the motion. All council members voted aye. The motion carried. 6 Pending litigation concerning Montgomery Watson and the old city jail/Udell Property was discussed. A personnel matter was also discussed. Business Ralph Colton moved to reject the offer of judgement for Montgomery Watson, go to a settlement conference, and participate in mediation if Montgomery Watson will agree. Mr. Muller seconded the motion. All council members voted aye. The motion carried. Mr. Muller moved to reject Udell's proposal and retract our offer. Mayor Eimers seconded the motion. All council members voted aye. The motion carried. Adjournment 11:00pm Mr. Muller moved to adjourn. Mayor Eimers seconded the motion. All council members voted aye. The motion carried. • ATTEST: C`t GGC00/L- Cathleen Koch, Deputy City Clerk Kirk Eimers, Mayor