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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 Page 1 of 5 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. Page 2 of 5 March 27, 2003 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 f 44 ; ti % A a ,y S s �e J •. ♦tt• ***„ kc C A A &&&&&&& sssssssssssssao 00,01 ID*9 �• O s m 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: ,.,(