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HomeMy Public PortalAboutCouncil Minutes 2000 04/13MINUTES McCall City Council Regular Meeting Thursday, April 13, 2000 Table of Contents Call To Order and Roll Call Public Comments Consent Agenda Business Reports Executive Session Adjournment Page 1 of 8 April 13, 2000 City Council Minutes CALL TO ORDER AND ROLL CALL Mayor Muller called the regular meeting of the McCall City Council to order at 7pm. Mr. Muller, Mr. Colton, Mr. Eimers, and Mr. Venable answered roll call. A quorum was present. City staff members present were Attorney Dave Bieter, Acting City Manager/City Planner Lindley Kirkpatrick and Acting City Clerk Cathleen Koch. PUBLIC COMMENT The Mayor called for public comment. There were no comments. CONSENT AGENDA The following items were listed on the consent agenda: • Minutes of March 9, 2000 Meeting • Minutes of March 23, 2000 Meeting • Invoice Approval List Dated April 10, 2000 • Payroll Report for Pay Period Ending March 17, 2000 • Payroll Report for Pay Period Ending March 31, 2000 • Ratification of the Ice Rink Parking Agreements • Resolution 00-04 Amending the Personnel Policy Manual There was an addition to the warrant register. Council Members commented on how they liked the way professional services were broken down. They also commended the Police Department for having almost no overtime for one pay period. Mr. Eimers moved to approve the Consent Agenda. Mr. Colton seconded the motion. All Council Members voted aye. The motion carried. BUSINESS AB 00-34 Pay Request from JUB Mr. Levihn presented the pay request from JUB for the 1999 Storage Lagoon Design Project. He had reviewed it and found errors in the labor rates, which reduced the amount due on the original pay estimate. Mr. Levihn will continue sampling the time cards for JUB and Strata. If any additional errors are found, the next billing will reflect a credit. Page 2 of 8 April 13, 2000 City Council Minutes Mr. Eimers asked if Paul had compared the costs with the budget. Mr. Levihn will be presenting something to Council that will be easy to read. It is estimated that costs will run over approximately $94,000 by the end of the project. The environmental studies were a lot more than what was estimated. The project is 55% complete. Mr. Eimers said that it did not make sense why the project would run over $94,000 when it was already 55% complete. He said that the figures did not add up. Mr. Levihn confirmed for the Council that the costs were probably higher than estimated because of additional reviews required by the regulatory agencies. Mr. Levihn stated that the upper limit on cost for the design is $325,000, plus several additional items on a cost-plus basis. JUB is responsible for design costs over that amount. If it comes in under $325,000, the City of McCall will split the difference with JUB. Mr. Levihn said that JUB has committed to giving future pay estimates on a monthly basis. He also stated that JUB is required to check with the City before running over on any costs. Mr. Venable was not surprised that JUB had gone over the cost estimates. Mr. Colton moved to approve the amended pay request in the amount of $369,946.10 and the DEQ reimbursement request. Mr. Eimers seconded the motion. On a voice vote, 3 Council Members voted aye and 1 Council Member voted nay. AB 00-04 J-Ditch Project Update Mr. Levihn said that the design was complete and documents were submitted to DEQ and IDWR. The bids will be opened on April 27, 2000. Mr. Levihn requested IDWR and DEQ to give him any questions by April 19, 2000 so that he could bring them up before the awarding of the bid. Six contractors have taken drawings and specifications so far. Mr. Eimers requested a list of who the contractors are by email. A contractors meeting will be held at 10am on April 18, 2000. Paul and JUB will attend the meeting. Mr. Bieter wanted to know how much time was between the bidding process and when the contract would be signed. April 27 through May 4 the bids will be analyzed to see if they are conforming. A special Council meeting will be held May 4, 2000 to agree on the award of the bid and issue a notice of award. May 4 through May 11 the contractor will obtain the required bonds and a contract will be drafted. At the regular City Council meeting May 11, 2000 Council will authorize the Mayor to sign the contract and issue the notice to proceed. Page 3 of 8 April 13, 2000 City Council Minutes Mr. Bieter wanted to know if JUB submitted the proposed contract in the bid documents. Mr. Levihn was unsure. Mr. Eimers asked if JUB was working on the land application permit. Mr. Levihn said that JUB was focussing on the design and permitting of the ponds and had only done preliminary work on the land application permit. Mr. Kirkpatrick believes that Holladay should be brought in to work on the permit. Mr. Levihn suggested that Mr. Kirkpatrick talk to JUB and ask for notes that they have concerning the land use application. Mr. Eimers would like to get the voluntary suspension lifted as soon as possible. Mr. Colton moved to authorize and instruct the City Manager to work with Holladay Engineering in developing the land use application. Mr. Eimers seconded the motion. All Council Members voted aye. The motion carried. AB 00-35 Wastewater Treatment Plant Cell #2 Upgrade Postponed until a future meeting. AB 00-26 Local Option Tax Committee City Council discussed the committee's Charter. They confirmed that it would include: 1. What are the benefits of the local option tax? 2. What form of local option tax should be put on the ballot? 3. What should the local option tax revenue be used for? Council also wanted it to be known that they are not advocating the adoption of a local option tax. Citizens have requested it to be put on the ballot. The committee will be left open for others to join. Mr. Colton moved to appoint Mr. Woods, Ms. Wiegand, Ms. Estess, Ms. Glenn, Mr. McMurray, Mr. Fereday, Mr. Nielson, Ms. Allen, Ms. Eimers, Mr. Royal and Mr. Strope to the Local Option Tax Committee and adopt the Charter as listed. Mr. Eimers seconded the motion. All Council Members voted aye. The motion carried. AB 00-28 McCall Big Bang Celebration 2000 Ms. Koch explained that the Council had already approved the road closure between Hotel McCall and Bev's Cafe from noon on July 3`d through the evening of July 4th and a parade on Park, First, Lake and Third Streets on July 4th Page 4 of 8 April 13, 2000 City Council Minutes Ms. Koch stated that Hotel McCall is co -sponsoring the McCall Big Bang Celebration 2000. They have requested to pay a non-profit Hawker's License fee of $10 for the vendors who will be participating. The profit from the event will be donated to the McCall Ice Rink. Mr. Eimers asked for clarification of which ice rink. Mr. Kirkpatrick confirmed that it was for the new ice rink proposed on Lake Street. There was an additional request for a Beer Garden event. The Police Department had approved of the event and signed the liquor -catering permit for the Hotel McCall. Mr. Eimers moved to approve the non-profit Hawker's License fee of $10 and the Beer Garden for the McCall Big Bang Celebration. Mr. Colton seconded the motion. All Council Members voted aye. The motion carried. AB 00-29 Janet Simmons Season Pass Mr. Kirkpatrick explained that the Council had remanded this agenda bill to the Golf Course Advisory Committee the previous meeting. The committee made the same recommendation after receiving more complete information about Mr. and Mrs. Simmons injuries. Mr. Eimers moved to approve the extension of the Golf Course Season Pass to the 2000 golf season as recommended by the Committee. Mr. Muller seconded the motion. All Council Members voted aye. The motion carried. Council asked staff to direct Mrs. Simmons to Max Williamson if she had questions. AB 00-36 Hawker's License for Ron and Lou Anne Gwartney Postponed until a future meeting. AB 00-23 Business License Ordinance Mr. Colton stated that it had been brought to his attention that a business had not been defined in the ordinance or why the ordinance was being implemented. A definition should be included to determine who has to obtain a license. He gave examples of what he thought would be unclear without a definition such as: 1. A kid mowing lawns. 2. Internet sales from your home. Mr. Bieter stated that a peddler/hawker and home occupation are defined in the Planning and Zoning section of the City Code. He stated that if a business was advertising, then they needed to have a license. Page 5 of 8 April 13, 2000 City Council Minutes Mr. Kirkpatrick gave examples of why a business license was needed. The Chamber of Commerce and Fire Department requested it for their needs and it would be useful for economic development activities. Council decided to continue the business license third reading to the following City Council meeting. AB 00-37 City Manager Contract with Robert Strope Mr. Bieter stated that he had communicated through email with Robert Strope to finalize the terms of the City Manager contract. He explained some of the important elements of the contract such as: 1. The portion of the Idaho Code that states, "serves at the pleasure of Council" is included in the contract. 2. If Mr. Strope were removed for "cause", the City of McCall would not owe 3 months severance pay. 3. He will be compensated at $54,000 annually with 10 days of vacation accrued on a prorated basis per pay period. He can only carry 20 days of vacation and 90 days of sick time. At 5 years of service, he would receive 15 days of vacation per year. 4. Moving expenses will not exceed $5,000. Mr. Strope will receive 1 week of paid time off to move in May or June 2000, but it will not be considered vacation time. 5. After Mr. Strope's first 6 months of employment, merit increases are not specified in the contract. All other employees are evaluated annually. The Council Members discussed the severance and notice requirements. Mr. Colton and Mr. Eimers stated that they understood the City's offer to include three items: 1) dismissal for cause, with no severance; 2) dismissal immediately with three months severance; and 3) three months notice of dismissal, with no severance. The proposed contract does not include the third option. The Council asked that three months notice be provided if Mr. Strope decides to resign. Mr. Venable stated that he would not want to continue working for a place that had said they would be terminating him in three months. He said that he disagrees with giving three months notice to an employee. Mr. Colton noted that the City would provide a cell phone. The Council agreed that Mr. Strope's personal cell phone would not be part of his compensation. Mr. Colton moved to approve the City Manager Agreement with the addition of a three-month notice requirement, authorize Mr. Bieter to negotiate the amendment with Mr. Strope, and authorize the Mayor to sign. Mr. Eimers seconded the motion. At a roll call vote, Mr. Muller, Mr. Eimers, and Mr. Colton voted aye. Mr. Venable voted nay. The motion carried. Page 6 of 8 April 13, 2000 City Council Minutes REPORTS Acting City Manager & City Planner — Lindley Kirkpatrick The Council Members had requested an update from Bonni Shikrallah. The information will be delivered to Council next week via email and Mr. Venable's will be placed in his box. The auditor's report will be ready for either the April 27, 2000 or May 11, 2000 Council meeting. There will be a public hearing for the Comprehensive Plan on April 25, 2000. City Attorney — Dave Bieter None. Acting City Clerk — Cathleen Koch A draft of the business license application was provided to the Council Members. City Councilor — Ralph Colton June 1, 2000 is an important date for the City Manager. The relationship between the City Manager and Council will be defined. City Councilor — Ray Venable None. City Councilor — Kirk Eimers The owner of Old Town Market would like to be included in the sales of gas to the City. Mr. Eimers mentioned that people had suggested a reception for Mr. Strope when he arrives. Mr. Colton recommended a reception after Mr. Strope's family arrived in May or June. Mr. Eimers wanted to know if a letter of intent had been drafted from Rick Orton and Kim Trout about the DEQ revolving loan fund. City Councilor — Mayor Muller Mr. Muller would like the City to consider a fitness club membership as a benefit for employees in the next budget session. Page 7 of 8 April 13, 2000 City Council Minutes EXECUTIVE SESSION At 9:40pm, Mr. Muller moved to go into executive session per Idaho Code 67- 2345(1 fl to consider pending litigation. Mr. Eimers seconded the motion. At a roll call vote, Mr. Muller, Mr. Eimers, Mr. Colton, and Mr. Venable voted aye. The motion carried. The discussion concerned pending litigation. At 9:43pm, Mr. Colton moved to come out of executive session. Mr. Eimers seconded the motion. At a roll call vote, Mr. Muller, Mr. Eimers, Mr. Colton, and Mr. Venable voted aye. The motion carried. Mr. Muller stated that he has talked with Karl Peck, Idaho Power, about burying power lines along Third Street. He stated that Idaho Power may be doing a major project this summer and the additional cost to the City to bury the power lines may be about $100,000. He asked staff to contact Mr. Peck and provide more information to the Council. Mr. Eimers asked staff to pursue additional public parking in the downtown. He requested that the asking price for the parcels identified in the Downtown Master Plan be determined. ADJOURNMENT Without further business, Mr. Eimers moved to adjourn. Mr. Colton seconded the motion. All Council Members voted aye. The motion carried. The Council adjourned at 9:55pm. ATTEST: C hleen A. Koch, Acting ity Clerk Ila' V uller, Mayor Page 8 of 8 April 13, 2000 City Council Minutes