HomeMy Public PortalAboutCouncil Minutes 1999 11/10CITY OF MCCALL
MINUTES
Special Meeting
City of McCall
November 10, 1999
TABLE OF CONTENTS
Call To Order and Roll Call
Business
Executive Session
Adjournment
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MINUTES
Call To Order
The special meeting of the McCall City Council was called to order by Mayor Eimers at
12:07pm. Ms. Arp, Mr. Colton, Mr. Eimers, Mr. Muller and Mr. Venable answered roll
call. A quorum was present. City staff members present were City Attorney Susan
Buxton and Deputy City Clerk Cathleen Koch. Susan Buxton requested a Conflict
Waiver be added to the agenda with agenda bill 99-114.
Business
AB 99-108 DEQ Consent Order
Susan Buxton stated that she had spoke to Al Barker concerning the Consent Order.
Susan suggested several changes be made to the drafted document.
1. The only date that should be on the document is February 23, 2000.
2. The force majeure in the original document needs to remain in the approved
copy.
3. The construction of the facility needs to be moved from November 2 to
November 30, 2000, which will result in greater capacity.
4. Item 7b on page 6 needs to be clearer. It needs to state that the city can
issue building permits, not occupancy permits.
No action was taken on this item.
AB 99-114 JUB Contract
Susan Buxton listed the people who met at JUB's office to negotiate the proposed JUB
engineering agreement. They were: George Wagner, Kirby Vickers, Steve West, Doug
Conde, Larry Peterson, Kirk Eimers, Susan Buxton, Steve Millemann, Scott Findlay,
and Michael Anderson. Ms. Buxton went over her letter dated November 5, 1999. The
main points of the letter were directed at reviewing the Engineering Agreement and
Scope of Services. Next, Ms. Buxton reviewed the November 10, 1999 memorandum
that showed where changes were made. Susan pointed out that no date was inserted
on page 1 of 14 and would need to be filled in. While reviewing the memorandum, Ms.
Buxton addressed the fact that invoices are due and payable within 45 days or interest
will begin to accrue. She stressed several times that payments must be made
immediately. The agreement is being reviewed by DEQ. No lawsuits will be allowed
unless the parties to the agreement have gone to mediation first. The agreement was
covered in great detail page by page.
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Susan Buxton covered the waiver of perceived, actual, and potential conflict of interest.
Mayor Eimers and Ms. Buxton stated that JUB's intentions appeared to be genuine.
They also mentioned that George Wagner had been great to work with as had Mr.
Millemann.
Marilyn Arp moved to approve the standard agreement between owner and
engineer for professional services as presented November 10, 1999 conditioned
on the agency's determination that the agreement is grant reimbursable. Ralph
Colton seconded the motion. Mr. Venable discussed that the agreement seemed
like a good contract, but that he had no faith in JUB to live up to their promises.
Ms. Arp asked what specific instances Mr. Venable could quote. Ray Venable
stated that he had asked the Citizens Committee to look at specific contracts and
he was told that it was in the past. Ms. Arp, Mr. Colton, Mr. Eimers and Mr. Muller
voted aye. Mr. Venable voted nay. The motion carried. Ralph Colton moved to
approve the conflict waiver as presented. Mr. Muller seconded the motion. Ms.
Arp, Mr. Colton, Mr. Eimers and Mr. Muller voted aye. Mr. Venable voted nay. The
motion carried. Lindley Kirkpatrick and Mayor Eimers were designated as
owners/representatives of the contract.
AB 99-115 J-Ditch Project Manager
It was agreed that it is in the City's best interest to have a Project Manager. The
position will be grant eligible and will ensure effective implementation of the contract.
The selection process will include Mr. Muller, Mr. Eimers and a Citizens Committee.
They will ask Mike and Scott if they would like to participate on the committee. The job
will last approximately 6 months and pay $20,000 to $25,000.
No action was taken on this item.
AB 99-116 City Engineer
The next step for the City Engineer position is to decide whether it should be an in-
house employee or an engineering firm. An ad will be placed for both. Allan Muller will
be the contact.
Ralph Colton moved to advertise again for the City Engineer position both from
in-house and engineering firm applicants. Mr. Muller seconded the motion. All
council members voted aye. The motion carried.
AB 99-117 City Manager
An advertisement has been placed for a Community Search Committee. Mr. Colton
stated that a decision needed to be made whether or not an Interim City Manager will
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be hired. The other option would be to hire a City Manager as quickly as possible. A
time frame should be set for the closing of applications. After reviewing the
applications, the top 10 will be chosen. From there 3 to 5 applicants will meet with the
Council and committee from the community.
Mr. Colton mentioned that he spoke to the Department Heads to ascertain their needs
for a City Manager. He also noted that because of the time of year, the City will be at a
disadvantage.
No action was taken on this item.
Reports
Consuelo Blake stated that the City Holiday Party is scheduled for Friday, December
17, 1999. $1000 is budgeted for the Golf Course and $1000 for turkey gift certificates.
It will be an adult party.
Executive Session
Ralph Colton moved to go into executive session per Idaho Code 67-2345(f) for
pending litigation and Idaho Code 67-2345(b) to consider a personnel matter at
2:33 p.m. Mayor Eimers seconded the motion. Arp, Colton, Eimers, Muller, and
Venable all voted aye. The motion carried.
Mr. Colton moved to go out of executive session at 3:02 p.m. Mr. Muller
seconded the motion. All council members voted aye. The motion carried.
Mayor Eimers moved to mediate the Riffle matter with Riffles to explore a
turnaround and easement. Ms. Arp seconded the motion. All council members
voted aye. The motion carried.
Marilyn Arp moved to mediate the Braendle matter between now and the end of
the year and reject the settlement offer made by Braendle. Mr. Colton seconded
the motion. All council members voted aye. The motion carried.
Ralph Colton and Scott Findlay were directed to approach Bezates and attempt to
settle the condemnation case in attempt to make him whole contingent upon
finding of technical feasibility for the Seubert Site placement of effluent ponds.
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Adjournment
Mayor Eimers moved to adjourn at 3:07 p.m. Ms. Arp seconded the motion. All
council members voted aye. The motion carried.
ATTEST:
arc
Cathleen Koch, Deputy City Clerk
Kirk Eimers, Mayor
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