HomeMy Public PortalAboutCouncil Minutes 2003 03/27MINUTES
McCall City Council
Regular Meeting
Thursday, March 27, 2003
Table of Contents
Call to Order and Roll Call
Public Hearing
AB 03-26 Golf Course Fees
Public Comment
Consent Agenda
Minutes of March 13, 2003
Invoice Approval List Dated March 20, 2003
Payroll Report for Pay Period Ending March 14, 2003
Business
AB 03-35 Historic Preservation Commission Annual Report
Reports
Executive Session
Adjournment
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March 27, 2003
City Council Minutes
CALL TO ORDER AND ROLL CALL
Mayor Colton called the regular meeting of the McCall City Council to order at
7:00 p.m. Mayor Colton, Council Member Arp, and Council Member Eimers
answered roll call. A quorum was present. City staff members present were City
Attorney Susan Buxton, City Manager Robert Strope, Director of Golf and Parks
Dan Pillard and Finance Director & City Clerk Barbara Bauer.
Mayor Colton amended the Agenda to add an Executive Session to discuss
pending litigation.
PUBLIC HEARING
Mayor Colton opened the Public Hearing on the Golf Course Fee Schedule at
7:02 p.m.
AB 03-26 Golf Course Fees
Mayor Colton closed the Public Hearing on the Golf Course Fee Schedule at 7:05
p.m. without any public comment. Council Member Eimers moved to adopt
Resolution 03-03, Golf Course Fee Schedule as published. Seconded by Council
Member Arp. On a roll call vote, Mayor Colton, Council Member Eimers and
Council Member Arp voted in favor.
PUBLIC COMMENT
Mayor Colton called for public comment. No public comment was received.
CONSENT AGENDA
Minutes of March 13, 2003
Invoice Approval List Dated March 20, 2003
Payroll Report for Pay Period Ending March 14, 2003
Council Member Arp confirmed that the $1.99 seminar cost under Finance should be
$199.00 and that the check was prepared correctly. She also asked about the US Bank
notification fee, which pays for distribution of copies of our audited financial statements
to all necessary financial rating, oversight groups.
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City Council Minutes
Council Member Eimers moved to approve the Consent Agenda. Mayor Colton
seconded the motion. All Council Members voted aye. The motion carried.
BUSINESS
AB 03-35 Historic Preservation Commission Annual Report
Commission members Judy Dinwiddie and Mary Allen reviewed information provided to
the Council Members as a handout. The major accomplishment over the past year is
designation of McCall as a Certified Local Government. Currently, Central Idaho
Historical Museum, the old SITPA site, is the first local site to be included on the
National Historic Register. The Old McCall jail may qualify for the National Historic
Register in the future, depending on the information gained through ongoing research.
There are 32 additional private, commercial and government sites that will also be
researched for their potential historical preservation or designation. The Commission is
working with residents to gather information from people's attics, photos, scrapbooks
and memories to assist in this research.
Other Commission goals include creating an historical Tour guide to the City of McCall;
to link with the Library to create a database of information to enhance public access to
information and documents; to create a photograph archive; and to create oral history
interviews with long-time residents. Judy reviewed some of the needs of the
commission for staff assistance, financial assistance and cooperation with other
Commissions and Committees of the City. The group is also looking at areas in the
area of impact since some sites may be outside of current city limits but part of the city
history.
Discussion followed about other possible buildings or sites that could be investigated.
Judy asked that people document suggestions for her. Judy asked the Council for their
vision for the Commission. Several possible grants, funding or equipment sources, and
equipment needs were discussed. By law, the City can provide some funding for the
work of this Commission when available. Mary Allen discussed a project that has been
done with local students to preserve some materials. Council Members thanked the
Commission members for their hard work and thorough report.
REPORTS
City Manager — Robert Strope
Bill Burke of Payette Lakes Sewer District contacted the City to confirm that the District
will participate in funding costs associated with the 1 to 1 land application permit. Mr.
Strope also noted that the meeting with City Advisory Committee Chairs and
Department Heads earlier this month was a great success, and that all participants will
meet three or four times each year. Committee Chairs were invited to participate in a
staff level budget session. Dan Pillard is working to resolve some unusually difficult
Page 3 of 5
March 27, 2003
City Council Minutes
problems with ice on the greens this spring at the Golf Course. The transition to a new
golf pro is moving forward smoothly. The 404 permit for the East-West Connector has
been signed and returned.
EXECUTIVE SESSION
At 7:40 p.m., Council Member Eimers moved to go into executive session per
Idaho Code 67-2345(1f) to consider pending litigation. Council Member Arp
seconded the motion. Mayor Colton, Council Member Arp, and Council Member
Eimers voted aye. The motion carried.
The discussion concerned pending litigation.
At 7:55 p.m., Council Member Eimers moved to approve the Amended Contingent
Fee Agreement with Attorney Kim Trout and authorize the Mayor to sign the
agreement. Mayor Colton seconded the motion. In a roll call vote, Mayor Colton,
Council Member Arp, and Council Member Eimers voted aye. The motion carried.
Mayor Colton moved to approve the settlement agreement with Montgomery
Watson as presented in the Gallatin Group letter, contingent upon acceptance
and approval of the related documentation, to direct staff to work with legal
counsel to prepare required documentation and to authorize the Mayor to sign all
required documents. Seconded by Council Member Arp. In a roll call vote, Mayor
Colton, Council Member Arp, and Council Member Eimers voted aye. The motion
carried.
Susan Buxton noted that the City needs Montgomery Watson's attorney to
provide written acknowledgement that pending discovery requests and
depositions will be immediately suspended by the parties. Council discussed
potential uses of settlement funds including the retirement of water debt and the
reduction of water rates. The City Manager is already exploring possibilities for
these options. The Council then thanked the Mayor for his work in obtaining this
settlement agreement.
ADJOURNMENT
Without further business, Council Member Eimers moved to adjourn. Mayor
Colton seconded the motion. All Council Members voted aye. The motion
carried. The Council adjourned at 7: 58 p.m.
Page 4 of 5
March 27, 2003
City Council Minutes
Ralph 'olton, Mayor
ATTEST:
Barbara Bauer, Finance Director/City Clerk
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Page 5 of 5
March 27, 2003
City Council Minutes
AMENDED CONTINGENT FEE AGREEMENT
Comes now, the City of McCall, an Idaho Municipal Corporation, (`McCall') which
hereby constitutes and appoint the law firm of Trout, Weeks & Nemec, P.L.L.0 or it's
successor ("Trout") as our attorney to prosecute a claim for engineering
malpractice/breach of contract against Montgomery Watson Harza. The parties
acknowledge that this action is presently pending in the United States District Court for
the District of Idaho.
1. McCall hereby agrees that the compensation of our attorneys for services shall be
as follows: Thirty Three and One Third percent (33 1/3 %) of the gross amount of any
recovery by way of settlement, arbitration and / or trial, and the sure of Forty percent
(40%) of the gross recovery following any appeal. In the event of a third trial, the parties
agree to negotiate such additional sums as may be appropriate.
2. Provided however, the parties further acknowledge that McCall has paid the sum
of $260,000 as and for legal services in this matter. Therefore, McCall shall be credited
the sum of $260,000 out of the attorney's fee to be paid from any recovery.
3. If there is no recovery on McCall's behalf, it will be responsible only for the
reasonable and necessary costs for the prosecution of its claim, including, but not limited
to: witness fees and expenses, expert witness fees and expenses, deposition expenses,
depositions transcripts, trial transcripts, and all other costs reasonable and necessary for
the prosecution of the trial, and such costs as described in this paragraph for any appeals
and any re -trials.
4. It is further understood and agreed that upon their notification to McCall by
Certified or Regular U.S. Mail, said attorneys may withdraw as counsel in the event of
McCall's failure to cooperate. In the event the attorneys withdraw as McCall's counsel,
they agree that McCall will not be obligated to pay them legal fees for any professional
services they have rendered.
5. McCall will also reimburse Trout for any out-of-pocket expenses advanced by it
for investigation or litigation on McCall's behalf. These expenses include, but are not
limited to, filing fees, investigators, expert witness fees, depositions, court costs, travel
and other out-of-pocket expenses. Costs exceeding $100 may be billed directly to
McCall and McCall agrees to promptly and directly pay these costs. Trout agrees that it
will not expend any costs greater than $300 without express prior approval of McCall.
6. McCall understands that in the event that Trout concludes at any time that there is
not sufficient likelihood of recovery to justify further time and effort, Trout shall have the
right to withdraw from employment, which shall terminate their right to compensation for
professional services, except for any outstanding costs and disbursements.
Trout acknowledge that if no recovery has been made upon the final conclusion of
McCall's claim, Trout will not be entitled to any compensation for professional services
rendered, and McCall will have no obligation beyond reimbursement of costs,
7. McCall further agrees that should McCall discharge said attorneys, McCall shall
be liable to pay them the fair value of all services rendered by them prior to the receipt of
a written notice of discharge. McCall further agree that if McCall discharge said
attorneys, McCall shall reimburse them for all expenditures they have made in
furtherance of the investigation and prosecution of the claim. McCall agrees that the
attorneys may retain possession of all documents and papers of every kind that they have
until they are paid and / or arrangements acceptable to said attorneys for payment are
made.
8. McCall hereby acknowledges that a copy of this document has been given to
McCall and that McCall has been advised to retain it in its possession. McCall further
acknowledges that McCall has read and understood the contents of the document before
authorizing the City Manager to execute the same.
9. It is expressly agreed and understood that Attorney is not required to advance any
costs. If the Attorney should agree to advance costs, McCall hereby assumes, agrees, and
shall, upon request of the Attorney, pay all expenses and costs (including any long
distance telephone charges) incurred relative to this matter and hereby authorized the
Attorney to deduct and pay such expenses and costs from whatever sum of money as may
be received by way of inheritance, settlement, arbitration and / or trial of this claim, but
in all events McCall shall be solely responsible for the payment of all expenses and costs
incurred herein regardless of the ultimate outcome of this matter, and in no event shall the
Attorney be liable for said expenses and costs. Attorney agrees not to advance costs in
excess of $100.00 without prior consent of McCall.
10. A lien is granted and it is agreed that this contract creates a lien, to the extent of
the amount set our above, against said claim, case and cause of action, and the proceeds
thereof, and against any judgment secured, and against all moneys or other compensation
which may be due and the undersigned hereby expressly assigns to said Attorney of any
such moneys which may become due and payable in settlement of said claim, or other
compensation, or through judgment or otherwise. In addition, the parties acknowledge
that the parties may enter into a separate agreement which, in addition to any other
provision of this agreement, secures the fees and costs of the Attorney.
11. The Attorney is authorized to receive and collect any inheritance, settlement,
arbitrator, and / or final judgment that may be rendered on said claim, demand or chose in
action, and to satisfy the same on the record of the court. In addition, if this case involves
claims by third parties against the McCall the Attorney has full authority from McCall to
resolve, settle, or otherwise satisfy these claims from any inheritance, settlement,
arbitration, and / or final judgment that may be rendered on said claim, demand or chose
in action.
12. It is agreed that Attorney may refer this case to other Attorneys for consultation or
may bring in co -counsel at any time, and said fees are then subject to re -negotiation.
Attorney is under no obligation to appeal from any judgment or order obtained in the
case. If another party appeals, the fees set forth above are subject to re -negotiation. If
Attorney should decide to take an appeal from any judgment or order, said fees are
subject to re -negotiation. Attorney agrees by this contract to represent McCall in the
matter of the foregoing described claim. Work on other matter will be charged separately
as agreed by the parties.
13. Except in case of mis-conduct, McCall agrees not to settle, compromise or litigate
said claim, or to retain any other attorney to handle said claim, without first giving thirty
(30) days written notice to Attorney and paying Attorney the costs and fees above
specified. Attorney may withdraw at any time upon giving reasonable notice to McCall.
This agreement is expressly made as binding upon the McCall(s), heirs, successors,
assigns and / or administrator.
14. It is hereby acknowledged that the fee provided for in this agreement is not set by
law and is subject to negotiation and has accordingly been agreed upon and further that
McCall has received a copy of this agreement and its signature is evidence of said receipt.
McCall further acknowledges that it has read this agreement and fully understands it.
DATED this 22(4 day of /2144.1, , 2003.
Trout Weeks & Nemec,PLLC.
By:
DATED this 2-- 7 day of 144a-t--e-24.- , 2003.
City of M all:
By: ,.,(