HomeMy Public PortalAboutCouncil Minutes 2000 12/14MINUTES
McCall City Council
Regular Meeting
Thursday, December 14, 2000
Table of Contents
Call To Order and Roll Call
Public Comments
Consent Agenda
Business
Reports
Adjournment
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CALL TO ORDER AND ROLL CALL
Mayor Muller called the regular meeting of the McCall City Council to order at 7:04 pm.
Ms. Arp, Mr. Muller, Mr. Colton, Mr. Eimers, and answered roll call. A quorum was
present. City staff members present were Attorney Dave Bieter, City Manager Robert
Strope, Chief of Police Steven Wolf, Golf & Parks Superintendent Dan Pillard,
Recreation Director Bob Peckham, City Planner Lindley Kirkpatrick, and Deputy City
Clerk Consuelo Blake. Mr. Venable arrived at 7:08pm and stated his presence to the
Deputy City Clerk.
PUBLIC COMMENT
No comments from the public were heard.
CONSENT AGENDA
The following items were listed on the consent agenda:
• Minutes of November 16, 2000
• Invoice Approval List Dated December 8, 2000
• Payroll Report for Pay Period Ending November 10, 2000
• Payroll Report for Pay Period Ending November 24, 2000
• AB 00 —155 Suspension of Open Container — RES 00-24 (Winter Carnival)
Ms. Arp sought clarification on page 10 of 14 of the minutes of November 16, 2000
clarifying the motion to amend the RFP to cover all legal services and to strike the
section regarding the prosecuting attorney..
Mr. Eimers sought clarification on the ASOS payment on the AP list. Mr. Strope
clarified that this was not previously budgeted for. Mr. Rowe, Airport Manger has been
working with the FAA on reaching an amenable agreement.
Mr. Eimers also mentioned expenditures in the Recreation Department. Mr. Strope
stated that he and Bob Peckham, Recreation Director, are working on spreadsheets as
working tools.
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Mr. Muller sought clarification on the abbreviation on page 7 of the AP list. Ms. Arp
mentioned that VISA notations could be expanded upon.
Mr. Eimers asked about grant overtime versus normal overtime in the Police
Department.
Additions to the AP list were noted.
Kirk Eimers moved to approve the Consent Agenda.
Ralph Colton seconded the motion.
Mr. Colton asked about the late JUB expenses. Mr. Strope clarified that this bill was
appropriate; bringing total engineering fees to approximately $ 828,000; with final
estimates ranging at just over $900,000. Mr. Strope and the City Council then
expanded on payment issues with DEQ, JUB and St. Clair. Mr. Strope stated that he
would provide Council with the most current numbers for exactly what the overrun fees
are for. Mr. Strope clarified that many of the overrun fees are to do additional
engineering costs associated with the increased time to complete to project and
geotech work.
All council members voted aye. The motion carried.
BUSINESS
AB 00-108 Update from Matt Uranga of JUB Engineering on J-Ditch Project
Robert Strope updated the City Council on the current state of affairs with the J-ditch
project and outlined his recent meeting with JUB, Dave Bieter, Allan Muller, Kirk
Eimers, an attorney from the Employers of Wausau Bonding Company, Mr. & Mrs.
Randy St.Clair, and Mr. Dennis St. Clair on Dec. 11, 2000. The contractor is not willing
to do any more work until payment is received. No resolution was attained at the
meeting to resolving the issue of completing the project.
Mr. Colton asked about the security fence. Mr. Strope stated that Mr. Vickers and
others emphasized the need for safety fencing to be done on the part of the contractor.
The contractors attorney requested payment again prior to any more work.
Council continued discussion of payment and safety issues and the contractors issues
to date.
City Attorney David Bieter stated that December 27, 2001 was the date for revised
mediation. Mr. Jim Gillespie will be the mediator. Mr. Eimers wondered whether the
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surety would attend. Mr. Bieter agreed that it would be appropriate for members of
Council to be there. The Council members indicated they would all be available by
phone and that Mr. Muller and Mr. Eimers would attend in person.
AB 00-108 Local Option Tax Recommendation
Donna Glenn presented the recommended sample ballot and ordinance for the
February 6, 2001 election for the Council's discussion and approval, noting Council's
changes to the sample ballot.
Mr. Eimers commended the work of Donna Glenn and the LOT Committee.
Ms. Arp also stated that the point of delivery piece should be added in section A.
Ms. Glenn agreed.
Ralph Colton moved to approve the sample ballot and ordinance as amended.
Marilyn Arp seconded the motion. At a roll call vote, Mr. Colton, Ms. Arp, Mr.
Eimers, Mr. Muller and Mr. Venable all voted aye. The motion passed.
AB 00-128 Lease with Inland Marine Construction
Robert Strope reviewed the lease agreement with Inland Marine Construction, which
expired 12/31/00. Reflecting the monthly rent change of $465.00 which includes a
3.1 % COLA through the rest pf the calendar year.
Ralph Colton moved to approve the lease with Inland Marine Construction, Inc.
and authorize the Mayor to sign with the removal of paragraph 9 set the
expiration date to December 31, 2000. Kirk Eimers seconded the motion. At a
roll call vote Mr. Colton, Mr. Eimers, Mr. Muller, Ms. Arp and Mr. Venable all voted
aye. The motion carried.
AB 00-1141 Recreation Committee Members
Bob Peckham of the Recreation Department presented the seven names of
recommended Committee Members for Council's Approval:
• Todd Sholty
• Mike Lenzi
• Kris Sal Dana
• Scotty Davenport
• Dave Faurot
• Bill Murphy
• Neil Thompson
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Mr. Arp wanted to clarify in the charter itself that the intent of the members should
understand that they are there for the good of the community as a whole, not as
representatives of special interests as the list might indicate.
Kirk Eimers moved to direct Mayor to appoint these persons as members of the
Recreation Committee. Marilyn Arp seconded the motion. All council members
voted aye. The motion carried.
AB 00-144 Water Treatment Plant Planning Grant
Robert Strope sought approval to receive $20,000 from the Idaho Department of
Environmental Quality and the Resolution to accept the grant The City must provide a
$20,000 match.
Allan Muller moved to accept of the grant and Pass Resolution 00-23, authorizing
City Manager Robert Strope to submit the DEQ Planning Grant Application and
sign all necessary documents. Kirk Eimers seconded the motion. At a roll call
vote, Mr. Muller, Mr. Eimers, Ms. Arp, Mr. Colton, and Mr. Venable all voted aye.
The motion carried.
AB 00-145 HWY 55/Dienhard Lane Turn Lanes
Contract Change Order No. 5 & Pay Application
Robert Strope sought Council's approval to proceed with the project and approve the
payment of application No 2.
Mr. Eimers asked if we were still within funding limits. Mr. Strope stated that we are.
Mr. Kirkpatrick noted that this change order take us to the very limit of the grant funding.
Marilyn Arp moved to approve Contractual Change Order No. 5 and Partial
Payment Application No. 2 and authorize the Mayor to sign. Kirk Eimers
seconded the motion. At a roll call vote, Ms. Arp„ Mr. Eimers, Mr. Colton, Mr.
Muller and Mr. Venable voted aye. The motion carried.
AB 00-146 Art Roberts Park Dock Replacement Grant
Lindley Kirkpatrick, City Planner sought approval of grant funding for the replacement
and improvement of the Art Roberts Parks Docks; replacing both docks with
maintenance free docks and noting the extension of the west end dock. This grant is
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specifically for motorized vehicles and would not interfere with the general swimming
area at the park. Mr. Kirkpatrick outlined matching grant funds and approving entities.
Construction would begin in 2002, based on the Waterways funding section.
Mr. Colton asked about signage on these new docks to reflect that they are City
property.
Allan Muller moved to authorize the Mayor to sign the application for a
Waterways Improvement Fund Grant from the Idaho Department of Parks and
Recreation. Kirk Eimers seconded the motion.
At a roll call vote, Mr. Muller, Mr. Eimers, Mr. Colton, Ms. Arp, and Mr. Venable
voted aye. The motion carried.
AB 00-148 Lease Storage Unit
Chief Steven Wolf of the McCall Police sought Council's approval to enter into a lease
agreement with A-1 Storage for a storage unit for tires, snowmobiles, and other
equipment that cannot be stored at City Hall.
Ms. Arp asked if this was our best deal in this area. Mr. Wolf said yes.
Ralph Colton moved to approve the lease agreement for a storage unit for
$593.70 and authorize the Mayor to sign. Kirk Eimers seconded the motion.
At a roll call vote, Mr. Colton, Mr. Eimers, Mr. Muller, Ms. Arp and Mr. Venable
voted aye. The motion carried.
AB 00-149 Xerox Rental Agreement
Chief Steven Wolf sought the approval of Council to enter into an agreement with the
Xerox Corporation to upgrade the police department's copy machine at no additional
cost.
Ralph Colton moved to approve the rental agreement with Xerox and authorize
the Mayor to sign. Kirk Eimers seconded the motion. At a roll call vote, Mr.
Colton, Mr. Eimers, Mr. Muller, Ms. Arp, and Mr. Venable voted aye. The motion
carried.
AB 00-150 Sanction a Tree Committee
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Dan Pillard, Director of Golf and Parks Operations, sought approval from Council to
sanction a Tree Committee to make recommendations to the City Council on policies
regarding the future maintenance, inventories, bylaws, replacement and development
of trees through the City. Members for Council Approval:
• Glen Jacobsen
• John Parker
• Curt Spalding
• Dawn Moody
• Chris Reino
Ms. Arp questioned how this would effect tree reference in current ordinances.
Ralph Colton moved to authorize the Mayor to appoint members to the Tree
Committee. Kirk Eimers seconded the motion. All Council members voted aye.
The motion carried.
AB 00-151 Tree Ordinance No. 749
Dan Pillard of the McCall Golf and Parks Department brought a tree ordinance before
Council for its approval.
Ms. Arp wanted to make sure that the public is aware that we can change the tree
ordinance as needed but are only approving it now to meet a timeline.
Ralph Colton moved to direct staff to draft a tree ordinance and amend as
needed. Kirk Eimers seconded the motion. At a roll call vote, Mr. Colton, Mr.
Eimers, Mr. Muller, Ms. Arp and Mr. Venable voted aye. The motion passed.
AB 00-152 Amended Consent Order with DEQ
Robert Strope, City Manager, presented a letter from DEQ, which was a modification of
the Amended Consent Order. This will allow the City to complete construction and
begin operation of the winter storage facility by June 1, 2001, without placing a ban on
new connections to the City's wastewater treatment system. If the City does not
complete construction by June 1st, the City must then re -impose the ban on any new
connections as of June 15, 2001.
Marilyn Arp moved to approve the modifications of the Amended Consent Order
and authorize the Mayor to sign. Kirk Eimers seconded the motion. At a roll call
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vote, Ms. Arp, Mr. Eimers, Mr. Colton, Mr. Muller and Mr. Venable voted aye. The
motion passed
AB 00-153 Alcohol Beverage Licenses
Robert Strope presented the list of alcohol beverage licenses showing those that had
licenses last year. Those with a license number have completed their State and County
licenses and have passed a background check. All others have either not completed
the application process or passed a background check as of yet. Robert Strope
requested that the Council approve all licenses on the list contingent upon the approval
by the Chief of Police.
Marilyn Arp moved to approve the updated list of alcohol beverage licenses
contingent upon approval by the Chief of Police. Kirk Eimers seconded the
motion. All Council members voted aye. The motion carried.
AB 00-158 Alcohol Beverage Licenses
Robert Strope stated that Arleigh McCoy came in to City Hall on December 11, 2000,
with an application for Wine and/or Beer License for McCall Pizza, formerly Pizza
Factory. The applicant stressed the desire to be able to have the license approved at
this Council meeting. All paperwork has been completed and the City Application has
been given to the Police Department for Review and Approval.
Kirk Eimers moved to approve the alcohol beverage license for McCall Pizza
contingent upon approval by the Chief of Police. Mr. Colton seconded the
motion. At a roll call vote, Mr. Eimers, Mr. Colton, Mr. Muller, Ms. Arp and Mr.
Venable voted aye. The motion carried.
AB 00-154 Resolution 00-25 Proclaiming A Special City Election
Robert Strope, City Manager, requested the Council act based on the adopted
recommendation of the Local Option Tax Committee to hold a special election in
February of 2001 to vote on the Local Option Tax. The City Council must designate a
suitable polling place for the election at least 45 days prior to the election. In the past,
City elections have been held in Legion Hall.
Marilyn Arp moved to approve Resolution 00-25 proclaiming a special city
election. Kirk Eimers seconded the motion. At a roll call vote, Ms. Arp, Mr.
Eimers, Mr. Colton, Mr. Muller and Mr. Venable voted aye. The motion carried.
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AB 00-156 City Clerk/Treasurer Appointment
Robert Strope, City Manager, sought the approval of Council to appoint Cathleen Koch
City Clerk/Treasurer.
Marilyn Arp moved that the Council go into a committee as a whole; Kirk Eimers
seconded the motion. All Council members voted aye. The motion carried.
Ralph Colton moved that the Council appoint Cathleen Koch to the position of
City Clerk/Treasurer. Allan Muller seconded the motion. At a roll call vote, Mr.
Colton, Mr. Eimers, Mr. Muller, Ms. Arp and Mr. Venable voted aye. The motion
carried.
Kirk Eimers moved that the Council come out of committee as a whole. Allan
Muller seconded the motion. All Council members voted aye. The motion carried.
Mr. Strope would like to revise Section 1-9-4 of the City Code regarding appointment
and removal of department heads and bring forward an ordinance to Council for
approval. He indicated there was some confusion in the section regarding who
appoints Committee Members, specifically that they are not mentioned in that section
yet another section of the Code references that section for appointment. Council
agreed.
AB 00-157 Legal Services Agreement with Moore, Smith, Buxton, and Turcke
Robert Strope, City Manager sought Council's approval of a revised service agreement
with Moore, Smith, Buxton, and Turcke. Mr. Strope stated that this agreement is in the
best interests of the City of McCall not only from a cost effectiveness standpoint but
also because the current relationship with our attorneys in terms of historical
knowledge. He said that following the Council's direction to prepare an RFP for legal
services that he was approached by Mr. Bieter and Ms. Buxton about revising the
current agreement to address the Council's concern over costs. Mr. Strope then met
with Ms. Buxton and Mr. Bieter, a copy of a letter summarizing the meeting was
presented to Council as part of the Council Packet.
Mr. Bieter had two comments:
1. Confidence in the stability and ability of the administration and the resolution of
several issues over the last 2 years.
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2. This is a collaborative effort and MSBT want to be involved early on in all
processes and is best done on a retainer basis.
As a final comment, Mr. Bieter stated that he has been both an in and out house
attorney and it has been a privilege to work with the City of McCall.
Mr. Colton asked if we overuse his services. Mr. Bieter did not believe so at this time.
Mr. Muller stated that he felt that perhaps the City could do more research on certain
items to reduce legal fees. Mr. Muller stated he was pleased with Mr. Strope's grasp of
the contract at the recent St. Clair meeting, indicating that staff has the ability to do
some of the research that had been done by the City Attorney in the past.
Council discussed their past motion regarding their request at the last Council meeting
for an RFP for civil and criminal attorney services.
Mr. Colton still wanted to see the RFP's drafted and sent out to coincide with next
budget cycle. Mr. Colton added that the lowest bid is not necessarily the one to
choose. Council agreed.
Kirk Eimers moved to approve the development of a revised agreement with the
current City Attorney's for expanded legal services to include civil services for
the rest of the fiscal year, retroactive to November 1, 2000, and to direct staff to
develop said agreements and authorize the Mayor to sign. Ralph Colton
seconded the motion. At a roll call vote, Mr. Eimers, Mr. Colton, Mr. Muller, MS.
Arp and Mr. Venable voted aye. The motion carried.
Ralph Colton moved to direct the City Manager to finalize all legal services RFP's,
the start date to coincide with our next budget cycle. Marilyn Arp seconded the
motion. At a roll call vote, Mr. Colton and Ms. Arp voted aye. Mr. Muller, Mr.
Eimers and MR. Venable voted nay. The motion did not carry.
Kirk Eimers moved to rescind the civil RFP. Allan Muller seconded the motion.
Council discussed the logic of requesting RFP's for all legal services.
Marilyn Arp moved to amend rescinding the criminal RFP. Ralph Colton
seconded the motion. At a roll call vote, Ms. Arp and Mr. Colton voted aye. Mr.
Eimers, Mr. Muller and Mr. Venable voted nay. The amendment failed.
On the original motion to rescind civil RFP made by Mr. Eimers and seconded by
Mr. Muller; at a roll call vote Mr. Eimers, Mr. Muller and Mr. Venable voted aye.
Ms. Arp and Mr. Colton voted nay. The motion carried.
Mr. Strope sought clarification about whom the attorney works for and how that process
should work in terms of negotiating agreements. He said that the relationship is unclear
given the City Prosecutor and City Attorney work directly for the Council, yet also
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perform services at the direction of the City Manager. Council stated it was their
preference to negotiate for legal services and that the City Manager should not
negotiate without Council direction. Mr. Strope stated that he did not intend to over
step his authority and that he was unsure of his role in negotiating with the legal service
providers given the relationship between Council and the City Prosecutor and Attorney.
He apologized for not contacting the Council prior to his meeting with the City Attorney
and stated he would notify Council in the future if there is a proposal for changes in an
agreement with the City Attorney. The Council did commend Mr. Strope's efforts at
positive communication between he and the City Council.
REPORTS
City Manager — Robert Strope
• Mr. Strope informed the Council that he had just learned that the Library Board
had imposed a fee for use of their meeting room. Upon learning of the fee, he
met with the Library director and informed her that the Board can set policy, but
cannot set fees. Based on this, the Library will stop collecting the fee and fees
collected will be refunded. The Library Director will inform the Library Board of
the action and she anticipated the Board will request Council enact a fee for the
use of the meeting room.
• He has been asked to join Rotary Club as City Manager, and will budget for it.
• The Water Rate Study is ongoing. Currently, Mr. Strope is hoping to involve the
Citizen's Water Committee and would like to run the rate study by them first and
then present the information to Council in February. Council concurred.
• He had removed an agreement from the agenda based on the number of items
before Council. At the next meeting he would present an agreement for
consulting services for approval with Doug Edison. Mr. Edison prefers a signed
agreement. Mr. Edison has already received a retainer for training fees for the
Police Department and payment for services he is providing. The PD has funds
available to cover the training.
• Bob McKenna approached Mr. Strope regarding a revision to the swimming dock
that M Resorts is building at Shore Lodge. As an adjacent property the City was
asked to agree or disagree with a proposed change which the Council reviewed
and approved. Subsequently the docks that were received were larger than
expected and M Resorts was seeking the City's concurrence with a revision that
would allow of use of the docks received under the same one for one trade of
square footage as in the original request. Mr. Strope asked if Council would
allow him to concur on behalf of the City or if they wanted the issue on a later
agenda. Mr. Eimers stated that if Peter Johnson did not object that he felt it
would be appropriate to sign the letter. The Council concurred.
• r. Strope wanted to make Council aware that at this week's department head
meeting, he has formed a taskforce to review how we ought to be conducting our
performance reviews and annual raises for City staff.
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" H e r e c e n t l y a t t e n d e d a n I n t e r n a l A f f a i r s S e m i n a r i n L a s V e g a s w h i c h w a s
o u t s t a n d i n g a n d h a s p r o v i d e d s o m e v e r y u s e f u l t a c t i c s w h e n d e a l i n g w i t h s o m e
o f o u r i s s u e s .
" H e i s c u r r e n t l y w o r k i n g o n D e p a r t m e n t H e a d e v a l u a t i o n s o n G l o r i a C a n t r e l l ,
S t e v e W o l f a n d B i l l K e a t i n g .
" M r . S t r o p e d i s t r i b u t e d a d r a f t t h a n k y o u l e t t e r t o C o u n c i l f o r t h e i r r e v i e w r e g a r d i n g
c o n g r e s s i o n a l d e l e g a t i o n .
" T h e f i r s t r e s p o n s e t o g r a n t R F P h a d b e e n r e c e i v e d t o d a y , n i c e p a c k a g i n g , n o
f e e s .
" M r . S t r o p e m e t w i t h t h e n e w P L W S D f o l k s a n d m a d e t h e m a w a r e o f d r a f t o f
s e w e r a g r e e m e n t .
" T h e F i n a n c e D e p a r t m e n t i s n o w c o l l e c t i n g a l l f e e s f o r R e c r e a t i o n D e p a r t m e n t
c l a s s e s a n d r e s t r u c t u r i n g t h a t e n t i r e p r o c e s s .
C i t y A t t o r n e y D a v e B i e t e r
" N o c o m m e n t s .
C i t y C o u n c i l o r M a r i l y n A r p
" M s . A r p q u e s t i o n t h e z o n i n g o f M e d l e y ' s / M o u n t a i n X t r e m e S p o r t s . M r . S t r o p e
c l a r i f i e d t h a t i s n o w z o n e d g e n e r a l c o m m e r c i a l . M r . B i e t e r s t a t e d t h a t i t w i l l
r e m a i n t h a t w a y f o r t h e r e c o r d .
" M s . A r p s t a t e d t h a t C o u n c i l a s a w h o l e m u s t g i v e M r . S t r o p e d i r e c t i v e s . M r .
S t r o p e r e v i e w e d c u r r e n t a g r e e m e n t s a n d r e c e n t p a y m e n t s w i t h P L W S D w i t h t h e
C o u n c i l .
C i t y C o u n c i l o r R a l p h C o l t o n
" P r o j e c t l i s t d e v e l o p m e n t ? M r . S t r o p e w i l l h a v e i t a t t h e J a n u a r y C o u n c i l m e e t i n g .
C i t y C o u n c i l o r R a y V e n a b l e
" M r . V e n a b l e b r o u g h t u p p a y m e n t a n d a g r e e m e n t i s s u e s w i t h P L W S D .
C i t y C o u n c i l o r K i r k E i m e r s
" V e r y g o o d j o b o n g r a n t R F P ; c o m m e n d M r . K i r k p a t r i c k . P l e a s e b r i n g C o u n c i l u p
t o d a t e o n t h e w a t e r t r e a t m e n t p l a n t . M r . S t r o p e r e p o r t e d t h a t :
" M r . T r o u t i s d r a f t i n g a l e t t e r o f i n t e n t f o r C N I .
" T h e s t a f f i s f i n i s h i n g a r e v i e w o f t h e p r e l i m i n a r y e n g i n e e r i n g r e p o r t a n d i f i t
i s a c c e p t a b l e h e ( S t r o p e ) w i l l b e s i g n i n g a l e t t e r s t a t i n g t h a t f o r s u b m i s s i o n
w i t h t h e S R F l o a n a p p l i c a t i o n .
" L i t i g a t i o n : o p e n r e c o r d s r e q u e s t h e a r i n g d a t e s e t 1 2 . 2 0 . 0 0 .
C i t y C o u n c i l o r M a y o r M u l l e r
" N o C o m m e n t
P a g e 1 2 o f 1 3
D e c e m b e r 1 4 , 2 0 0 0
C i t y C o u n c i l M i n u t e s
Personnel Coordinator — Consuelo Blake
• The City's Holiday Celebration was on schedule for Friday, Decemberl5th.
ADJOURNMENT
Without further business, Allan Muller moved to adjourn at 9:50pm. Marilyn Arp
seconded the motion. All Council Members voted aye. The motion carried. The
Council adjourned at 9:50pm.
Allan Muller, Mayor
ATTEST:
Consuelo Blake, Deputy City Clerk
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