Loading...
Council 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 Page 1 of 5 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. Page 2 of 5 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 Page 3 of 5 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. Page 4 of 5 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 Page 5 of 5