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HomeMy Public PortalAboutCouncil Minutes 2000 09/14MINUTES McCall City Council Regular Meeting Thursday, September 14, 2000 Table of Contents Call To Order and Roll Call Public Hearing Public Comment Consent Agenda Business Reports Executive Session Adjournment Page 1 of 10 September 14, 2000 City Council Minutes Mayor Muller called the regular meeting of the McCall City Council to order at 7:00 pm. Ms. Arp, Mr. Muller, Mr. Colton, Mr. Eimers, and Mr. Venable answered roll call. A quorum was present. City staff members present were Attorney Dave Bieter, City Manager Robed Strope and City Clerk Cathleen Koch. AB 00-86 Authorize the Filing of a Petition for Judicial Confirmation Ms. Arp read a statement publicly. Ms. Arp moved to rescind the directive to have no contact with Star News. Mr. Muller seconded the motion. At a roll call vote, Mr. Eimers, Ms. Arp, Mr. Venable, Mr. Muller and Mr. Colton voted aye. The motion carried. Mr. Strope also read a statement that was addressed to the public. Both statements read have been included in the public record. Mayor Muller opened the public hearing for comments. Mike Moore from Moore, Smith, Buxton and Turcke began with a presentation. He explained that he was potentially the Bond Counsel for the City. He noted that the City must wait 14 days before they can make a decision to proceed on the filing of a petition for judicial confirmation. The purpose of the hearing was to hear public comments on filing the petition. The draft documents are on file with the City. The courts will decide if it is an ordinary and necessary expense. Mr. Moore explained the process of posting notices after a 14-day waiting period. Council should hear written or oral comments during that time. Tuck Miller pays a water bill as a business owner and as a resident. Mr. Miller commented on his disapproval of Council issuing a gag order to the Star News. Nick Weise, member of the Water Treatment Plant Citizens Advisory Committee, expressed his concerns about the City incurring another 8 to 9 million dollars in debt. He is amazed that the City has not drilled test wells and believes that it is a better option for the City. Jim Townley stated that the open meeting laws had not been followed in prior Council meetings. He also said the City should vote on bonds and look into wells as a solution Page 2 of 10 September 14, 2000 City Council Minutes to the problem. Mr. Townley went on to say that he disagreed with the gag order issued to City staff concerning the Star News. Ed Catlett began by saying that most of his comments had already been covered. He would like the City to revisit the rate structure. In his opinion, rates do not seem equitable to part-time homeowners. Bill Killen also said that most areas he wanted to address had been covered with prior comments. He hopes the City prevails on the Montgomery Watson lawsuit, but the City should not file the petition for judicial confirmation unless they believe it is the best way to provide water to the citizens. In any case, it is time to review the rate structure. Citizens need to be told how the City plans to pay for the $8 million loan. Klm Allen, member of the Water Treatment Plant Citizens Advisory Committee, said that she was out of town when the committee voted on the decision to build the water treatment plant. She did not feel that the committee had time to make an informed decision. A letter from Marilee Kohtz was entered into the record. At 7:55pm the public hearing was closed. The City will accept written comments for 14 days. The Mayor called for public comment. There were no comments. The following items were listed on the consent agenda: · Minutes of August 5, 2000 Meeting · Minutes of August 10, 2000 Meeting · Minutes of August 24, 2000 Meeting · Invoice Approval List Dated September 11, 2000 · Payroll Report for Pay Period Ending August 18, 2000 · Payroll Report for Pay Period Ending September 1,2000 AB 00-57 St Clair Contractors, Inc. Application for Payment #4 was pulled off the consent agenda to consider separately as the first item of business. Mr. Colton moved to approve the Consent Agenda. Mr. Eimers seconded the motion. Ail Council Members voted aye. The motion carried. Page 3 of 10 September 14, 2000 City Council Minutes AB 00-57 St Clair Contractors, Inc. Application for Payment #4/J-Ditch Update Matt Uranga, J-U-B Engineers, said the J-Ditch site is beginning to look like a pond. The representatives for the liner will be coming to town any day. The contractors have begun setting the wet well for the pump station. There is a problem with the force causing some cracks in the structure. A new schedule was submitted. The wet well was one item that triggered the new schedule. Application for payment #4 was lowered by $104,000 to $105,000. A subcontractor said that material was on site for chlorination equipment. Mr. Uranga has not been able to find the equipment. The application has not been signed because Mr. Uranga is waiting on a letter to accompany the new schedule from Mr. St. Clair. Mr. Uranga requested approval contingent upon the receipt of the letter. Ms. Arp moved to approve application for payment ~,4 upon receipt of the letter and Mr. Uranga signing the application. Mr. Eimers seconded the motion. At a roll call vote, Mr. Eimers, Ms. Arp, Mr. Venable, Mr. Muller and Mr. Colton voted aye. The motion carried. AB 00-88 Policy for Refunding Golf Course Season Passes Ms. Koch presented the Golf Advisory Committee's recommendation. She explained that the committee recommended drafting of a resolution, but the City Attorney recommended drafting an ordinance for the refund of season passes. Mr. Bieter explained that an ordinance will be included in City Code and will not get misplaced. There's no legal requirement. Mr. Colton moved to direct staff to prepare an ordinance regarding refunds of passes. Mr. Eimers seconded the motion. Ail Council Members voted aye. The motion carried. Council recessed at 8:35pm. The meeting reconvened at 8:42pm. AB 00-89 SUB-99-1 Final Plat - Spring Mountain Ranch Parcel 6/7 Townhouses Mr. Kirkpatrick disclosed the fact that his spouse is working at Spring Mountain Ranch. Her position does not involve real estate sales. Mr. Bieter stated that there is not a prohibition on where a spouse can work. Page 4 of 10 September 14, 2000 City Council Minutes The Planning and Zoning Commission reviewed and recommended approval for SUB 99-1 Final Plat in Spring Mountain Ranch, Parcels 6/7 Townhouses subject to review of CC&R's and the development agreement. Mr. Eimers moved to adopt the recommendation of the Planning and Zoning Commission and approve the final plat contingent upon the review of CC&R's and the development agreement. Mr. Colton seconded the motion. Ail Council Members voted aye. The motion carried. Mayor Muller requested permission from Council to consider AB 00-95 as the next item of business. Afl Council Members agreed. AB 00-95 Police Department Advanced Field Training Officers Course Nancy Lockhart, McCall Police Department, stated that they are trying to host field training. Four officers will be able to attend the training for free simply by providing the facilities, coffee and donuts. The contract required a charge of $295 per participant. They negotiated $250 per participant. They will need 23 people to enroll in the course. The class can be cancelled if it is not filled by October 13, 2000 to avoid paying the $5600 fee. Mr. Colton moved to approve the Police Department's request to provide the National Institute of Ethics Class contingent upon the City Attorney's review and authorize the Mayor to sign. Mr. Eimers seconded the motion. At a roll call vote, Mr. Eimers, Mr. Muller, Mr. Venable, Mr. Colton and Ms. Arp voted aye. The motion carried. AB 00-90 Downtown Improvement Project Change Order ~t4 and Payment Application #4 (Final) Mr. Kirkpatrick explained that change order ¢f-4 reflects a reduction in the price due to poor workmanship and extends the warranty period from 1 year to 2 years for all concrete work. Pay request ¢¢4 for $46,656.87 is the final request for the Downtown Improvement Project. All work items have been completed. Grant closeout documents will be presented to Council in the near future. Mr. Eimers moved to authorize the Mayor to sign Change Order #4 and approve payment application #4. Mr. Colton seconded the motion. At a roll call vote, Mr. Eimers, Mr. Muller, Mr. Venable, Mr. Colton and Ms. Arp voted aye. The motion carried. Page 5 of 10 September 14, 2000 City Council Minutes ...... AB 00-91 Formation of a Recreation Committee Mr. Peckham would like to form a Recreation Advisory Committee and Parks Committee. They are currently combined and discuss Parks instead of Recreation most of the time. Current committee members have been contacted about the change. Mr. Peckham already has people interested in the separate committee. Ms. Arp was concerned with the Chairman being allowed to vote 2 times. The Council Members agreed to allow citizens from the County to be on the Recreation Committee. Ms. Arp asked who handles the bike paths. Mr. Peckham believes the Parks Department should be responsible for the parks. Public Works currently takes care of the bike paths. Mr. Eimers recommended that the Public Works and Streets Departments maintain the bike paths. Mr. Eimers moved to approve the separation of the Parks Committee and Recreation Committee and direct staff to draft an ordinance with the changes. Mr. Colton seconded the motion. Ail Council Members voted aye. The motion carried. AB 00-92 McCall/Donnelly High School Permit for Fireworks Display Ms. Koch presented a request from McCall/Donnelly High School Booster Club to allow a fireworks display at the football games on September 28, 2000 and October 20, 2000. The Police Chief and Fire Chief have approved the permit. Ms. Arp moved to approve the Fireworks Display Permit for September 28, 2000 and October 20, 2000. Mr. Eimers seconded the motion. Ail Council Members voted aye. The motion carried. AB 00-93 Noise Ordinance Mr. Strope presented the noise ordinance and explained the current ordinance allows no exceptions. Ms. Arp asked if there was a time constraint. Mr. Strope explained that there were several events pending the approval of the ordinance. Mr. Colton moved to suspend the rules, read by title only, one time only Ordinance No. 743. Mr. Eimers seconded the motion. At a roll call vote, Mr. Eimers, Mr. Muller, Mr. Venable, Mr. Colton and Ms. Arp voted aye. The motion carried. Mr. Colton moved to adopt Ordinance No. 743 and authorize the Mayor to sign. Mr. Eimers seconded the motion. At a roll call vote, Mr. Eimers, Mr. Muller, Mr. Venable, Mr. Colton and Ms. Arp voted aye. The motion carried. Page 6 of 10 September 14, 2000 City Council Minutes Ms. Arp moved to approve the Brews and Grooves and Garage Band Festivals as proposed. Mr. Muller seconded the motion. All Council Members voted aye. The motion carried. AB 00-94 Disturbing the Peace Ordinance Mr. Strope explained that the Disturbing the Peace Ordinance would allow Council to deviate from the current ordinance. Council discussed that deviations would be allowed for the good of the public. Mr. Muller moved to suspend the rules, read by title only, one time only Ordinance No. 742. Mr. Eimers seconded the motion. At a roll call vote, Mr. Eimers, Mr. Muller, Mr. Venable, Mr. Colton and Ms. Arp voted aye. The motion carried. Mr. Colton moved to adopt Ordinance No. 742 and authorize the Mayor to sign. Mr. Eimers seconded the motion. At a roll call vote, Mr. Eimers, Mr. Muller, Mr. Venable, Mr. Colton and Ms. Arp voted aye. The motion carried. Mr. Strope asked for permission for operations beyond lO:OOpm for the J-Ditch Project. Mr. Eimers moved to give St. Clair Contractors permission to operate heavy equipment or construction equipment, or power tools outdoors beyond lO:OOpm. Mr. Muller seconded the motion. Ail Council Members voted aye. The motion carried. AB 00-60 City Manager Performance Standards Mr. Eimers had already requested some changes to the standards. Item Il(e) - budget was changed to delete October Mr. Bieter pointed out that the standards are the June 1st performance standards and asked if anything will come out of meeting the standards, such as a 5% increase. Council agreed that their intent was to give a formal yearly evaluation and discuss a raise. Mr. Strope will create some evaluation forms for Council to review. Mr. Bieter pointed out that adopting the standards does not alter that the City Manager serves at the pleasure of Council whether performing or not. Mr. Colton moved to direct the City Attorney to modify the City Manager's Agreement accordingly. Mr. Eimers seconded the motion. At a roll call vote, Ms. Arp, Mr. Venable, Mr. Muller, Mr. Colton and Mr. Eimers voted aye. The motion carried. Page 7 of 10 September 14, 2000 City Council Minutes City Manager- Robert Strope Mr. Strope gave a written report that he said he views as a great communications/management tool. Ms. Arp requested an update on the Herrick proposal. M-Resorts is working on a street paving/cul de sac proposal near Shore Lodge. The consensus from most people involved is if they will get water, sewer and paved streets, it sounds like a good deal. Public Works will not have a problem snow plowing because they won't have to turn around across Highway 55. Mr. Bieter has met with Consuelo Blake concerning the personnel policy manual. Ms. Blake has material for a draft policy. There are a number of changes that need to be made to be in compliance with State and Federal laws. A draft will be available at the next meeting. The City received $8,000 in liquor revenue that was not anticipated. Mr. Strope intends to use the money on server upgrades. City Attorney- Dave Bieter None. City Clerk - Cathleen Koch An update was given on the Arts and Crafts Fair Ordinance. Ms. Koch also explained that a revision of the code would be coming to Council concerning the Deposit Ordinance. City Councilor - Marilyn Arp Ms. Arp asked if the Davis Street connects to the old interesections would deteriorate rapidly. City Councilor - Ray Venable None. City Councilor- Kirk Eimers Page 8 of 10 September 14, 2000 City Council Minutes Mr. Eimers and Mr. Muller requested an RFP on the grant administrator position, which includes creativity, but no constraints. Mr. Colton suggested instructing staff to have an RFP on the next agenda. Mr. Strope explained that if the position is not funded, then it goes away. If it is funded, the hiring/firing is up to the City Manager. Ms. Arp wants the City to consider an RFP for the audit next year. Mr. Eimers asked what could be done about the used car lots. Mr. Strope will draft an ordinance. City Councilor- Ralph Colton Mr. Colton previewed the TRAK program. Mr. Strope will be presenting it at a Rotary meeting. He explained that the program allows immediate fliers on lost children/criminals. Surrounding communities/schools can be blanketed with the information in less than 10 minutes. The cost is $2500 initially and then $100 per year plus copies. Council decided to make it a priority to get it done. Mr. Colton moved for the Council Contingency to be used towards the TRAK Program if not funded by the Rotary Club. Mr. Eimers seconded the motion. Ail Council Members voted aye. The motion carried. Mr. Colton asked if Mr. Strope received a package from Mike Mitchell. Mr. Colton will have it sent to him directly this time. City Councilor- Mayor Muller Mr. Muller would like to rename Mill Park to Warren Brown Park. He would like staff to look into how to accomplish renaming the park. At 11:00pm, Mr. Eimers moved to go into executive session per Idaho Code 67- 2345(lf) to consider pending litigation and 67-2345(lb) to consider a personnel matter. Mr. Muller seconded the motion. At a roll call vote, Mr. Muller, Mr. Eimers, Mr. Colton, Ms. Arp and Mr. Venable voted aye. The motion carried. The discussion concerned pending litigation and a personnel matter. At 11:13pm, Mr. Eimers moved to come out of executive session. Mr. Muller seconded the motion. At a roll call vote, Mr. Muller, Mr. Eimers, Mr. Colton, Ms. Arp and Mr. Venable voted aye. The motion carried. Page 9 of 10 September 14, 2000 City Council Minutes Without further business, Mr. Eimers moved to adjourn. Mr. Muller seconded the motion. Ail Council Members voted aye. The motion carried. The Council adjourned at 11:14pm. ATTEST: AII~ Muller, May~)~- Page 10 of 10 September 14, 2000 City Council Minutes