HomeMy Public PortalAboutCouncil Minutes 2000 11/16MINUTES
McCall City Council
Regular Meeting
Thursday, November 16,2000
Table of Contents
Call To Order and Roll Call
Reports
Public Hearing
Public Comments
Consent Agenda
Business
Reports
Adjournment
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Mayor Muller called the regular meeting of the McCall City Council to order at 7:05
pm. Ms. Arp, Mr. Muller, Dr. Colton, Mr. Eimers, and Mr. Venable answered roll call. A
quorum was present. City staff members present were Attorney Dave Bieter, City
Manager Robert Strope, City Planner Lindley Kirkpatrick, City Clerk Cathleen Koch,
Airport Manager Geoffrey Rowe, Golf & Parks Superintendent Dan Pillard, Recreation
Director Bob Peckham, Library Director Gloria Cantrell, and Deputy City Clerk Consuelo
Blake.
Matt Uranga - JUB
· Mr. Uranga spoke about liners in the J-Ditch project and the temperature variations.
The liners need ambient air temp of 32 degrees, dry outside. Below 15 degrees, the
sun will not help. With welding the liner, the temperature variances can tend to
weaken the material; especially with seasonal variation. Test strips are done on a
daily basis on the welding process in order to determine the viability of the liner and
its welds. Mr. Uranga estimated that 7-10 more good days are needed to complete
the liner and weld phase of the project. The earthwork portion is virtually complete;
efforts can then switch to pipeline operations.
AB 00-31 VAC-00-1 Vacation of Herrick Street
City Planner Lindley Kirkpatrick presented VAC-00-1, a request by M Resorts to
vacate the southern portion of Herrick Street, bounded entirely by M Resorts property.
Mr. Kirkpatrick reviewed the materials in the City Council packets, including the P&Z
Findings & Conclusions, minutes of the P&Z public hearing, maps, and comments
received from utility providers and Police and Fire Departments. He stated that Herrick
Street will still be accessible from the north via Hayes Street and will end in a cul de
sac, meeting City standards. The remaining street will be paved and a new water line
will be installed by M Resorts.
Mr. Kirkpatrick reviewed the P&Z's Findings & Conclusions. He asked the Council to
adopt the P&Z's Findings & Conclusions as the Council's own, subject to any additional
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information presented at the public hearing, and to approve the vacation request,
subject to the conditions recommended by the P&Z:
1. Utility easements for electric, telephone, cable, and municipal water & sewer
must be provided.
2. The remaining portion of Hayes Street must be paved.
3. All infrastructure construction must comply with City Code.
4. Additional right of way for the cul-de-sac must be dedicated to the City.
5. All conditions of approval must be complete prior to vacation of Herrick Street.
In response to questions from the Council, Mr. Kirkpatrick stated the cul-de-sac would
be designed to meet City standards and would provide sufficient room for snow
storage. He stated that curb and gutter would not be provided. He stated that the Public
Works department has reviewed and approved the proposal.
Steve Millemann, representing M Resorts, addressed the Council. He asked that an
additional condition of approval be added, stating that M Resorts will install a new water
line and new fire hydrant. Mr. Millemann displayed a detailed map to the City Council
depicting the proposed vacation, pointing out that it is primarily a local street. He stated
that the proposal is a way to unify the Shore Lodge & the Whitetail Golf Course. They
are requesting a vacation of 500' of city property. Mr. Millemann stated that M Resorts
had met with City staff and residents along Herrick Street prior to submitting the
application. He stated that property owners on Herrick Street will receive $1,000.00
from M Resorts as compensation for any inconvenience. Mr. Millemann estimated that
the improvements to be constructed will cost M Resorts nearly $100,000.00. Mr.
Millemann spoke to the interest of the adjoining property owners, whose letters in
support of the application were included in the Council packets. Mr. Millemann
addressed response time for emergency services, referring to information in the Council
packets, also presented to the P&Z. He stated that the difference in response time was
not significantly increased by the vacation.
Mayor Muller asked about cost overruns for the road paving and utility construction. Mr.
Millemann clarified that M Resorts would bear full responsibility for all costs and will
meet City specifications.
Jim Staup, McCall, addressed the Council and inquired about the criteria the City
Council uses to evaluate street vacation requests. He referred to the Transportation
Advisory Committee's 1986 plan regarding the extension of Boydstun Street. Mr. Staup
read items 3 and 6 from the plan, specifically recommending that Boydstun Street be
extended north from Highway 55 to connect with Warren Wagon Road. He spoke
against giving the applicant the vacation as recommended and spoke in favor of
exchanging the vacation for an easement along the proposed Boydstun Street
extension. He stated that this would be more consistent with the long-range plans for
McCall.
Jeff Johnson, McCall, addressed the Council and stated that he is 100% in favor of the
vacation of Herrick Street for the following reasons:
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1. this would help correct a safety problem on Herrick due to vehicle access by
teenagers, many children play there; snow machines use it as access to Bear
Basin road
2. security would be improved by the creation of a cul de sac and the installation of
a fire hydrant
3. general area improvement due to paving the street which will encourage all
property owners to improve the appearance of their property
4. he is in support of anything that takes property out of the government hands and
puts it back into the private sector.
Mr. Johnson respectfully asked the Council to focus on the issue and not on the
applicant.
Pat Bentz, McCall, addressed the Council and spoke in favor of the proposal,
specifically in reference to the speeders, the dust problems, and the desire for better
water lines.
Jacqueline Hammond, McCall, addressed the Council and expressed her support for
the proposal. She stated that there are many close calls with children and pets, and
problems with snowmobiles in the wintertime. Additionally, she spoke to the possibility
of the water lines being out of date and the fact that the City may not be upgrading
them any time soon. Ms. Hammond stated that the new pavement and the cul-de-sac
will ease snow build up. She stated that everything M Resorts has done has been an
asset to the community, especially with paving and other upgrades proposed.
Mr. Millemann again addressed the Council. He stated that the Transportation
Committee reviewed the proposal and did not see the vacation as a major obstruction.
He stated that there are 8 property owners that would be involved in an extension of
Boydstun Street and that M Resorts only owns approximately 35 feet of the potential
Boydstun Street extension right-of-way. Mr. Millemann stated that in 1993, when
Herrick Street was first proposed for vacation, many people were against extending
Boydstun to the north.
Mr. Venable asked about the sizing of the 8" water line and the size of the waterline on
Warren Wagon Road. Mr. Millemann stated that Bill Keating, Public Works Director,
determined the size of the 8" line.
Ms. Arp stated that the idea of extending Boydstun Street is not reflected in the minutes
of the Transportation Committee meetings. Mr. Millemann stated that it did come up at
the first meeting, in which Tom Kerr was present and specifically asked the Committee
to consider it. Mr. Kirkpatrick stated that he did not hear that portion of the conversation
at the first Committee meeting, but that there was quite a bit of discussion at the front of
the room. He stated that there was considerable discussion on the topic at the second
Committee meeting, when the vacation was on the agenda.
Mr. Millemann stated that Herrick Street is a local road, but that an extension of
Boydstun would be an arterial road, serving an entirely different purpose. He stated that
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Boydstun Street improvements are not related to Herrick Street. Dr. Colton spoke to
the changes in the community since 1986, stating that no one wants to see Boydstun
becoming a truck route through Rio Vista, and that plans are not a contract and can
change over time.
Mr. Kirkpatrick again addressed the Council and stated that the proposed sixth
condition was included in the P&Z's Findings & Conclusions as a Fact. He read MCC
3-21-310(C), regarding the standards for review of a vacation request. Mr. Kirkpatrick
stated that the recently adopted Comprehensive Plan contains a transportation element
and does not include a recommendation to extend Boydstun Street.
Mr. Staup again addressed the Council and pointed out that the earlier request for
vacation of Herrick Street had occurred in 1991, not 1993. He reiterated that now is the
time for Council to act and plan for the future.
Hearing no further comments, Mayor Muller closed the public hearing.
Ms. Arp stated that she had received a phone call from someone who was opposed to
the vacation request. Mr. Eimers expressed concern that the caller was not present to
present testimony, hear what others had to say, and answer questions.
Ms. Arp expressed concern that the Boydstun Street extension may have been
inadvertently left out of the Comprehensive Plan. Mayor Muller stated that he is most
interested in seeing the neighborhood improved, especially regarding safety and water
service. Mr. Eimers stated that Boydstun Street is a separate issue and the public input
seems to be in favor of this proposal.
Mr. Eimers asked Mr. Staup if he was at the last two Transportation Committee
meetings regarding this issue. Mr. Staup stated that the Committee discussed it
extensively in 1991 and gave the Council a copy of the minutes of a Committee
meeting in 1986.
Mayor Muller moved to adopt the Planning & Zoning Commission's Findings &
Conclusions as the Council's own and to approve the application, subject to the
conditions recommended by the Planning & Zoning Commission plus the
requirement that M Resorts install a new waterline and fire hydrant.
Mr. Eimers seconded the motion.
Mr. Venable stated that he would abstain from voting because of his previous
employment with the Shore Lodge.
On a roll call vote, Mr. Eimers, Ms. Arp, Dr. Colton and Mayor Muller voted in
favor of the motion. The motion carried.
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Mike Dorris, McCall, questioned the Council as to speaking on other items on the
agenda at this time. Mayor Muller clarified that he could discuss them when they were
brought up. Dr. Colton concurred.
Public comment closed 8:10 pm.
The following items were listed on the consent agenda:
· Minutes of September 28, 2000
· Minutes of October 26, 2000
Invoice Approval List Dated November 13, 2000
· Payroll Report for Pay Period Ending October 27, 2000
· City Planner Designated Cascade Reservoir Coordinating Council Rep.
· St. Clair Contractors Application No. 5 & 6
· Approval of Sparklers at Gleed's Wedding January 20, 2001
Mr. Eimers asked about an item in the payables, was it the new amplification system.
Mr. Strope clarified that it was indeed a new system for recording City Council
meetings.
Mr. Eimers stated that legal fees cannot be overrun and over budget. Mr. Strope said
that he had discussed the concerns of cost with the City Attorney and that future
contacts with the Attorneys would be approved in advance to limit the potential for
incurring legal fees that could be avoided by doing more in house. Legal fees should
be going down given the improvement of learning curves, and the fact our attorneys will
review more and draft less. Ms. Koch noted that several fees were for last fiscal year.
Mr. Eimers questioned the $1500.00 badges line item. Ms. Koch stated that they were
ordered when Carla Donica was Police Chief. Mr. Strope stated that he will speak with
Chief Wolf concerning this question.
Mayor Muller asked about late fees in the Public Works department. Mr. Strope stated
that we are billed one time per year which former City Finance Director Ashley Royal
had failed to pay in a timely fashion last year.
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Mayor Muller asked why the lease payment on the grader was detailed as such. Mr.
Strope confirmed that the auditors recommended we reflect the interest and principle
separately each month as opposed to making an adjustment at year end. Ms. Koch
confirmed.
Mayor Muller asked about a charge that listed Bob Peckham under the Golf Course,
Mr. Strope will investigate.
Mr. Eimers asked about the St. Clair's applications No. 5 & 6.
Mr. Eimers moved to approve the Consent Agenda. Dr. Colton seconded the
motion. Ms. Arp asked about Chief Points viewpoint on the fireworks approval.
Mr. Strope has addressed it with Chief Points and that he was opposed any use
of fireworks but that the Council did have the authority to approve the request.
Mr. Strope mentioned that the consent agenda did include a memo for signature
designating Mr. Kirkpatrick to CRCC. Ail council members voted aye. The
motion carried.
AB 00-117 Library Board Vacancy
Gloria Cantrell, Library Director, sought Council's approval of the appointment of Ed
Hershberger to the Library Board. This is a five-year term appointment. He has been
on the Board for one year already.
Ms. Arp moved to direct Mayor Muller to appoint Ed Hershberger to the Library
Board. Mr. Venable seconded the motion. Ail Council members voted aye. The
motion carried.
AB 00-128 Agency Agreement with Dexter Woodworth to Operate and Manage
the UNICOM Radio at the Airport
Geoffrey Rowe, Airport Manager sought Council's approval on the agency agreement
on the UNICOM radio.
Mike Dorris, McCall, spoke, not opposing the agreement but expressing his discontent
on the agreement being contingent on the sale of the business and wants to retain this
agreement until a sale of his business goes through.
Mr. Rowe did not believe that payment on a monthly basis would be beneficial to either
party. Mr. Rowe stated that payment on a yearly basis is more efficient.
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Dave Bieter stated that if the operation of the UNICOM is a provision of the sale and the
obligation continues, then it would be acceptable to approve the agreement.
Mr. Eimers suggested contracting with Mr. Dorris on a monthly basis, that expires upon
the sale of the of the business.
Mr. Bieter wanted to make sure that any agreement did not constitute an employer-
employee relationship.
Mr. Eimers Moved to do a $125.00 monthly contract with Mr. Dorris of McCall Air
Taxi until January 1, 2001 or until the sale and transfer of McCall Air Taxi to
Dexter Woodworth, at which time a new contract with Mr. Woodworth would be
negotiated. Mayor Muller seconded the motion. All Council members voted aye.
The motion carried.
AB 00-130 Airport Lease Transfer from McCall Air Taxi to Dexter Woodworth
Geoffrey Rowe, Airport Manager sought Council's approval; clarifying that both FBO's
would work out of the same hanger.
Dr. Colton moved to approve the lease transfer and the sub-lease to McCall Air
Taxi to Dexter Woodworth, contingent upon the sale of the business. Mayor
Muller seconded the motion. All Council members voted aye. The motion
carried.
AB 00-118 Golf Course Season Pass Refunds
Dan Pillard, Golf and Parks Operations, sought approval for refunds and credits as
recommended by the Golf Advisory Board.
Ms. Arp moved to approve the season pass refund for Barbara Hartung and a
credit for Janet Simmons for the 2001 golf season as recommended by the Golf
Course Advisory Board. Mr. Eimers seconded the motion. Ail Council members
voted aye. The motion carried.
AB 00-135 Arbor Day Proclamation
Dan Pillard, Golf and Parks Operations, sought approval of a proclamation observing
Arbor Day as part of the City's efforts to become a Tree City.
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Dr. Colton moved that a proclamation observing Arbor Day be observed on Nov.
6th, 2000 and authorize the Mayor to sign. Mayor Muller seconded. Ail Council
members voted aye. The motion carried.
AB 00-105 Joint Powers Agreement for Payette Lakes Trails
Robert Strope, City Manager, presented Exhibit A as requested by Council and outlined
the levels of responsibility between the City and Valley County.
Mr. Eimers moved to approve the joint powers agreement and authorize the
Mayor to sign. Mayor Muller seconded the motion. Ail Council members voted
aye. The motion carried.
AB 00-132 Donation of The Bearing Wall sculpture for Art Roberts Park
Lindley Kirkpatrick, City Planner, sought approval of acceptance of donation of a large
bronze sculpture for placement in Art Roberts Park. It is the impression of the McCall
Improvement Committee that if this process works well, that there will be additional
donations of public art to the City by the donor. Mr. Kirkpatrick referenced conceptual
design work that has been donated by Network Architects and that the McCall
Improvement Committee, the City's Park & Recreation Committee have both reviewed
and recommended approval of the acceptance of this proposal.
Mr. Eimers moved to approve the donation of The Bearing Wall sculpture and
authorize the MIC and Staff to determine how the sculpture could be appropriately
placed in Art Roberts Park. Dr. Colton seconded the motion. All members voted
aye. The motion carried.
AB 00-129 Agreement with Richard Roats to Provide Legal Services
Robert Strope, City Manager, sought approval of new agreement finalized with the
Richard Roats for Mr. Roats services as City Prosecutor and reviewed the process.
Dr. Colton moved to approve the agreement with Mr. Roats Ms. Arp Seconded.
All Council members voted aye. The motion carried.
Mr. Eimers stated he would like to see the City prepare an RFP for the City Prosecutor.
Mayor Muller agreed.
Dr. Colton referenced the cost effectiveness of contractual agreements with all of our
attorney relationships and extending the RFP to both criminal and civil legal services.
Mayor Muller agreed as did Mr. Eimers.
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Mr. Eimers moved that we approve the agreement, with a 30-day back out clause,
authorize the Mayor to sign, draft RFP's for all legal services and direct Staff to
follow though. Mayor Muller seconded the motion. Ail Council members voted
aye. The motion carried.
AB 00-137 Engineering Extension Agreement
Robert Strope, City Manager, sought approval of the extension of the agreement as
part of the continuing efforts to complete the Water Treatment Plant. He stated that the
agreement includes a provision for terminating the agreement without cause by either
party prior to the start of construction.
Dr. Colton moved to approve the extension of the agreement with Toothman-
Orton and authorize the Mayor to sign. Mr. Eimers seconded the motion. Ail
Council members voted aye. The motion carried.
AB 00-133 City of McCall Holiday Celebration
Consuelo Blake, Assistant to the City Manager and Personnel Coordinator, presented
Council with the concept for this year's Holiday Celebration.
Ms. Arp stressed to Ms. Blake the importance of staying within budget.
Mayor Muller moved to approve the Holiday Celebration as outlined and direct
staff to organize the event. Dr. Colton seconded the motion. Ail Council
members voted aye. The motion carried.
AB 00-134 Legal Defense Fund
Robert Strope, City Manager, sought approval to fund the legal defense for Officer John
Koch, that Council direct staff to prepare an agreement that would require Officer Koch
to repay the City should he be found guilty, and to direct staff to develop a policy for
funding legal expenses for employees in job related situations.
Mr. Strope said that he envisioned a policy that would have an approval process similar
to that of appointing a department head. That the supervisor and department head
would make a recommendation to the City Manager on whether or not it would be
appropriate to allow the employee access to funding of legal fees, that the City
Manager would make the decision subject to Council affirmation. This would allow the
Council to remain at arms length from the situation.
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Ms. Arp stated that she felt it was important to have a policy that kept distance between
the Council and the employee, that it was not the role of the Council to choose sides,
particularly if the was to be proven guilty or liable. She also said she did not want to
leave an employee destitute by not covering legal fees.
Mr. Eimers stated that an employee should be supported if he/she has not violated City
policy. And that if the City elects to provide funds for legal fees, we should not make
them pay the money back even if found guilty. If the department head, the City
Manager and the Council agree, we should defend the employee regardless of the
outcome of the court decision.
Ms. Arp strongly disagreed and did not want to go to a case by case basis and
definitely would like a uniform policy.
Dr. Colton wondered as to how far it would go, if the initial verdict were to be challenged
in a higher court. Does the City continue to fund legal fees for appeals?
Mayor Muller was in favor of a case-by-case basis.
Mr. Strope said it would be important to set fairly narrow parameters in the policy for
consistency in years to come.
Mr. Venable did not see anything wrong with defending an employee who has adhered
to all City policy and paying the bills.
Ms. Arp spoke against getting into the merits of any specific case and was against
interfering or taking sides on legal issues.
Mr. Bieter confirmed that in a common misdemeanor case defense can run about
$2,500.00. The estimated cost for Officer Koch's defense is approximately $5,000.00.
Mr. Eimers moved to authorize the funding of legal fees for Officer John Koch
without a provision to repay, for 1 trial, for an upper limit of $5,000 and to direct
the staff to develop a policy for funding legal expenses for employees for job
related situations. Mayor Muller seconded the motion.
Dr. Colton asked what the specific charge was for Officer Koch and why it was to be
held in Boise County.
Mr. Bieter clarified that due to Mr. Roats involvement as City's Prosecutor, that it was
appropriate to ask another prosecutor to handle the case, so he referred it to Boise
County.
Ms. Arp stated that she would have to vote no, specifically based on the repayment
issue only.
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Dr. Colton felt that he needed more information on this case and is uncertain about the
issue of repayment.
Ms. Arp did not believe it is her role as a City council member to take a stance one way
or the other and to let the judicial system work on its own.
Mr. Strope queried as to whether Council would be amenable to having a policy that
would allow for waiving repayment of the fees if the defendant were to be found liable.
The Council, Mr. Bieter and Mr. Strope discussed several different scenarios and how
they could relate to the proposed policy concept.
At a roll call vote, Mayor Muller, Mr. Eimers. And Mr. Venable voted aye. Ms. Arp
voted nay. Dr. Colton abstained. The motion passed.
AB 00-136 City Manager Evaluation
Robert Strope, City Manager, stated that he had received 4 of the 5 evaluations forms
prepared by Council Members.
Dr. Colton believed that without exception, the entire City Council believes that Mr.
Strope has done a superior job as City Manager. The Council discussed the
percentage increase and what was common for other City employees. Mr. Bieter
clarified that Mr. Strope serves at the Council's pleasure and that the contract stipulates
5% after six months and did not specify annual raise.
The Council agreed that Dr. Colton work with Mr. Strope to prepare an amended
agreement that addresses future evaluations and pay increases.
Dr. Colton moved to grant the City Manager a 5% merit increase. Mr. Eimers
seconded. At a roll call vote, Ms. Arp, Mr. Colton, Mr. Eimers, Mr. Muller, and Mr.
Venable voted aye. The motion carried.
City Manager- Robert Strope
· J-Ditch: Recent meetings this week between the City and DEQ, EPA, and others
resulted in an agreement to amend the consent order to move the construction
completion date for the project to June of 2001. The moratorium on sewer
connections would also be moved to mid-June should the project not be completed.
The contractor, upon hearing that the regulatory agencies had moved the date
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immediately expressed a desire to have a winter shutdown to JUB. Mr. Strope
asked George Wagner of JUB to express to the contractor that the Mayor told the
agencies that, based on the contractors previously stated commitment, we are
committed to completing the project this fall and that has not changed
· The City has reached an agreement with Mr. Udell on the old jail property.
· LOT ordinance on the Ballot: by next week Council will receive a copy of the
proposed ballot for their review and input. It is vital to the Committee that Council's
input be prompt so as to do revisions and get the issue at the next City Council
meeting.
· Mr. Strope spent time with Bill Jaroki regarding water and sewer rates and the
RATEMOD Pro model.
· Mr. Strope commended Cathleen Koch and the Finance Department on their
outstanding job on the year end close and audit this year.
City Attorney - Dave Bieter
· Mr. Bieter had nothing to report.
City Clerk/Acting Finance Director- Cathleen Koch
· Next Council meeting: December 14, 2000.
· Auditors will have our numbers back within 2-3 weeks.
City Councilor- Marilyn Arp
· Ms Arp queried as to the lapsed Council liaison protocol that was used in the past.
It was determined that it was up to individual Council members as to their
involvement with advisory groups.
City Councilor- Ralph Colton
· Dr. Colton had nothing to report.
City Councilor- Ray Venable
· Mr. Venable stated that the library is doing well.
City Councilor- Kirk Eimers
· Mr. Eimers asked staff to craft a letter of thanks for the folks who got us the $1.5
million in funding for water treatment.
City Councilor- Mayor Muller
· Mr. Mayor handed out a survey on Spencer Lawley's senior project on establishing
a kayaking play hole on the Payette River and asked everyone to complete it.
Dan Pillard - Golf Course
· Mr. Pillard answered council's earlier question of Mr. Peckham's expenditure for the
Golf Department in the warrant register stating that it was a circuit board for wipers
that Mr. Peckham picked up for the Golf Department while in Boise. Mr. Pillard also
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City Councilor - Ray Venable
· Mr. Venable stated that the library is doing well.
City Councilor- Kirk Eimers
· Mr. Eimers asked staff to craft a letter of thanks for the folks who got us the $1.5
million in funding for water treatment.
City Councilor - Mayor Muller
· Mr. Mayor handed out a survey on Spencer Lawley's senior project on establishing a
kayaking play hole on the Payette River and asked everyone to complete it.
Dan Pillard - Golf Course
· Mr. Pillard answered council's earlier question of Mr. Peckham's expenditure for the
Golf Department in the warrant register stating that it was a circuit board for wipers
that Mr. Peckham picked up for the Golf Department while in Boise. Mr. Pillard also
stated that he was working with Mr. Strope on all areas of golf and parks operations
and that he was working on long range planning for the Mill Park project.
Without further business, Mr. Eimers moved to adjourn. Ms. Arp seconded the motion.
All Council Members voted aye. The motion carried. The Council adjourned at
10:37pm.
ATTEST:
Allan Muller, Mayor
Consuelo Blake, Deputy City Clerk
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