HomeMy Public PortalAboutCouncil Minutes 2005 07/28MINUTES
McCall City Council
Regular Meeting
Thursday July 28, 2005
Table of Contents
CALL TO ORDER AND ROLL CALL
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT
CONSENT AGENDA
• Minutes of June 9, 2005
• Payment Approval List for Warrant Registers for input dates between 7/8/05 and 7/25/05
• Payroll Report for Pay Period Ending July 15, 2005
• AB 05-138 Valley County All Hazards Mitigation Plan / Resolution 05-14
• AB 05-139 Alcohol Beverage Catering Permits
• AB 05-141 Concession Agreement with Catch Me If You Can
• AB 05-146 Idaho Airport Aid Program Non -Primary Entitlement funds / Resolution 05-16
• Payment Approval List for Warrant Register dated 7/17/05
BUSINESS
• AB 05-147 Special Use Permit for McCall Power Sport Rentals
• AB 05-148 Special Use Permit for Cheap Thrills
• AB 05-140 Wastewater Policy / Resolution 05-15
• AB 05-142 SUB-04-10 River Ranch Phase 1A Final Plat and Development Agreement
• AB 05-143 CUP-05-2 Lot 12, Ridgeview Subdivision
• AB 05-144 CUP-05-6 Brundage Bungalows
• AB 05-145 CUP-05-9 Crystal Blue Waters Apartments
• AB 05-149 Eastside Water Storage Tank Financing
• AB 05-125 Treated Water Storage Tank Project Bid Package III
• AB 05-150 City Attorney Contract
REPORTS
• McCall Improvement Committee Minutes 05/12/05
• McCall Improvement Committee Minutes 06/09/05
• McCall Improvement Committee Minutes 06/23/05
EXECUTIVE SESSION
• Litigation Idaho Code §67-2345(1f)
• Property Acquisition Idaho Code §67-2345(1c)
ADJOURNMENT
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CALL TO ORDER AND ROLL CALL
Council President Robertson called the regular meeting of the McCall City
Council to order at 6:08 p.m. Council Member Greer, Council Member Bertram,
Council Member Muller, and Council Member Robertson answered roll call.
Mayor Eimers was excused. A quorum was present.
City staff members present were Lindley Kirkpatrick, City Manager; Roger Millar,
Community Development Director/Deputy City Manager; Brock Heasley, Parks and
Recreation Director; Anne Kantola, Library Director; Amanda Townsend, City
Treasurer; David Krueck, City Attorney; and Dan Irwin, City Clerk.
PUBLIC COMMENT
Council Member Robertson called for public comment.
Kevin O'Leary, McCall RV Resort, said that he is frustrated with nuisance properties
located at Riverside Subdivision. He said that he provided the City with materials to
expedite the enforcement of the new nuisance ordinance but he is seeing a lack of
enforcement. Mr. O'Leary said that he realizes the predicament of the Police
Department and staffing but he has identified 5-7 property owners who are violating the
terms of the ordinance. He stated that poor upkeep of properties reflects poorly on the
City. Mr. O'Leary stated that enforcement of the ordinance isn't working in the area as
only one property owner responded to the eight letters that were sent out by the Police
Department. He requested the assistance of the City Council to ensure the
enforcement of the nuisance ordinance occurs.
Charlie Taber, 815 Pinedale, said that he lives in the Lardo District and that he had
previously spoken in regards to the wastewater policy. Mr. Taber stated that he is
troubled as he has found that he is falling victim to his own enthusiasm. Mr. Taber
stated that he lives on a large one acre property that is surrounded by City streets. He
said that he was told that he can't develop his property which is zoned B residential to
its capacity because of the moratorium. Mr. Taber stated that the highest and best use
of his land is to have nice dwellings constructed on the lot. He said that he wants the
Council to consider establishing priorities because he shouldn't fall into the same
category as a developer. He stated that the City should allow infill development to
occur.
Hearing no further comments, Council Member Robertson closed the public
comment at 6:16 p.m.
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CONSENT AGENDA
Council Member Bertram asked if a letter had been sent to the Aspen Condos
regarding the dangerous building as reflected in the June 9th minutes.
Council Member Robertson stated that he spoke with the neighbors who informed him
that they would be demolishing the building soon.
Council Member Bertram asked if a letter had been sent out to the Idaho Director of the
State Parks and Recreation regarding Ponderosa Park and the encroachment of the
City road.
Lindley Kirkpatrick, City Manager, stated that he spoke with Dennis Coyle but hadn't
sent out a letter.
Council Member Bertram asked if ICRMP had paid the full amount for the Mountain
Lakes Realty claim.
Dan Irwin, City Clerk, confirmed that they paid the entire claim amount.
Council Member Robertson asked about the $1500 expense in the Library Fund to
Sagebrush.
Anne Kantola, Library Director, explained the expense was for a handheld inventory
system. She stated that the Library would be conducting an inventory count in October
and the equipment would prove to be invaluable.
Council Member Bertram asked about the expense to Toothman-Orton that is labeled
J-Ditch. She asked if the Council would be receiving a report.
Council Member Robertson said that the work was being done in conjunction with
Trout, Weeks, and Nemec.
Mr. Kirkpatrick confirmed that it was. He said that he anticipates receiving a report.
Council Member Bertram asked if the City participated in the Valley County All Hazards
Mitigation study.
Mr. Kirkpatrick stated that the Fire District participated in the process and the City had
limited participation when the study began. He said that the words "City of McCall" can
be stricken from the resolution.
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Council Member Robertson said that item five of Resolution 05-16 says that the City
must accept the grant award prior to March 1, 2005 unless prescribed otherwise in
writing by the State. He asked if the City had received anything in writing.
Mr. Kirkpatrick said that he wasn't sure if anything had been received in writing. He
explained that the Airport Manager has been in contact with the State.
Council Member Robertson said that the City should memorialize the written approval in
the acceptance clause of the resolution.
Council Member Robertson moved to approve the Consent Agenda as amended
and authorize the Mayor to sign all necessary documents. Council Member
Muller seconded the motion. In a roll call vote, Council Member Bertram, Council
Member Greer, Council Member Robertson and Council Member Muller voted aye.
The motion carried 4-0-0.
BUSINESS AGENDA
AB 05-147 Special Use Permit for McCall Power Sport Rentals
Brock Heasley, Parks and Recreation Director, stated that McCall Power Sport Rentals
is requesting a Special Use Permit that would allow the use of the City of McCall's Boat
Launch Docks and a portion of City Beach to conduct Boat and Jet Ski Rentals on the
Payette Lake. He explained that the Parks & Recreation Advisory Committee met with
McCall Power Sport Rentals on July 12th, and the Committee felt that they did not have
adequate information to make a recommendation. He said that staff met with
representatives of McCall Power Sport Rentals and Cheap Thrills on July 20 and
developed a recommendation to effectively use the beach adjacent to the boat launch
ramp. He explained that the attached sketch shows the agreed -upon location for each
permit holder. Mr. Heasley said in addition to a special use permit, McCall City Code
(8-14-4) requires the business to submit a hold -harmless agreement and insurance in
favor of the City in order to pick up and drop off passengers at the southerly face of the
southernmost dock at the boat launching ramp. He said that a draft use agreement
between the City and McCall Power Sport Rentals had been developed for approval by
the Council.
Council Member Muller asked what would be installed to designate the boundaries.
Mr. Heasley said that he would be meeting with the applicants at the site to explain and
designate the boundaries.
Council Member Muller asked how the City was planning on enforcing the permits and
space allocation at the beach.
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Mr. Heasley said that enforcement would be done through the McCall Police
Department. He said that he hopes both business owners would accept the
arrangement and the problems would cease.
Council Member Muller said that the City needs to publish in the paper the public's
ability to use the park. He stated that the arrangement is a good solution but the City
needs to develop an enforcement plan.
Council Member Bertram asked if Mr. Heasley foresaw the same problems occurring in
other parks in the future.
Mr. Heasley said that he believes the problem with commercial access to the lake
would continue. He explained that the arrangement is only for this year, and the Parks
and Recreation Committee would be meeting to come up with a better solution for next
season.
Council Member Robertson said that funding for a Code Enforcement Officer position
was discussed during the budget planning workshop but was eliminated. He said that
the City may want to reconsider putting the position back into the budget.
Council Member Robertson moved to authorize the City Clerk to issue a Special
Use Permit to McCall Power Sport Rentals for the use of the southerly face of the
southernmost dock at the Municipal boat launching ramp near the west end of Fir
Street and a portion of the City Beach, contingent upon McCall Power Sport
Rentals execution of a hold harmless agreement and provision of insurance in
favor of the City. Council Member Bertram seconded the motion. In a voice vote,
the motion carried 4-0-0.
AB 05-148 Special Use Permit for Cheap Thrills
Mr. Heasley stated that on April 28, 2005 Cheap Thrills was issued a Special Use
Permit to conduct Boat and Jet Ski Rentals on the Payette Lake. He said that the
Special Use Permit did not clearly authorize their use of the beach adjacent to the boat
launch ramp. Mr. Heasley explained that staff met with representatives of Cheap Thrills
and McCall Power Sport Rentals on July 20 and developed a recommendation to
effectively use the beach adjacent to the boat launch ramp. He said that Cheap Thrills
has already entered into a use agreement and provided insurance to the City, as
required when the original special use permit was issued in April.
Council Member Bertram asked if the business owners were in agreement with the
arrangement.
Mr. Heasley confirmed that they were.
Council Member Robertson asked if Cheap Thrills was getting twice the space at the
beach because they had more equipment.
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Mr. Heasley indicated that it was the reasoning behind the arrangement.
Council Member Robertson moved to authorize the City Clerk to issue an
amended Special Use Permit to Cheap Thrills for the use of the southerly face of
the southernmost dock at the Municipal boat launching ramp near the west end
of Fir Street and a portion of the City Beach that replaces the permit that issued
on April 28, 2005. Council Member Bertram seconded the motion. In a voice
vote, the motion carried 4-0-0.
AB 05-140 Wastewater Policy / Resolution 05-15
Mr. Kirkpatrick stated that Rick Bishop and Betsy Roberts from CH2MHILL were
present to give a presentation regarding their findings to the wastewater system
capacity. He said that Mr. Millar would address Resolution 05-15 to propose the
systematic allocation of building permits. Mr. Kirkpatrick stated that the Payette Lakes
Recreational Water and Sewer District had submitted a written letter to the Council
members regarding the issue.
Rick Bishop, CH2MHILL, said that the wastewater management system consists of four
elements. He explained that those elements consist of collection, treatment, winter
storage, and land application. Mr. Bishop stated that CH2MHILL has been engaged to
address the concerns that exist in the four components. He said that Holladay
Engineering had conducted a study and documented that extraneous water exists in the
system through inflow and infiltration. He stated that the treatment plant is successfully
treating the community's waste and the only concern is the possibility of sludge build-
up. He said that there is currently a leak in the winter storage pond that exceeds the
standards established by the Department of Environmental Quality. He said that all of
the treated effluent is currently being delivered to the farmers for land application. Mr.
Bishop stated that the firm is addressing the collection component by analyzing the I&I
study performed by Holladay Engineering and beginning to propose the "adopt a sewer"
program. He stated that the firm would address treatment by analyzing the capacity
and looking for any potential bottlenecks. Mr. Bishop stated that the leakage in the
storage pond has to be addressed but can only occur when the pond is nearly empty.
He said that for land application, CH2MHILL would begin to identify additional lands
that could be used for the application of blended or unblended effluent and to look at
the possibility of extending the irrigation season. He stated that a long term plan would
need to be developed for all four components of the system. Mr. Bishop stated that the
firm's initial analysis was to determine the actual design capacity. He explained that the
smallest component of the system dictates the overall capacity, which is the land
application component in the design. Mr. Bishop stated that the because of the
limitations of the land application component, the firm has determined that only 170
equivalent dwelling unit hookups remain available for the system capacity. He stated
that it was only an initial analysis based on the data collection of others and the firm
would be doing further research over the next sixty days.
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Mr. Kirkpatrick asked Mr. Bishop to clarify the date range of the analysis.
Mr. Bishop stated that the analysis included the data that had been collected through
December 31, 2004.
Mr. Millar stated that 117 building permits have been issued in 2005.
Mr. Bishop stated that the issues with system require the need to develop a long term
plan to address the capacity of the system. He explained that numerous elements are
involved to define a plan and it would take an approximate eight year period to
complete a long term solution.
Council Member Robertson asked if a design build approach would shorten the time
period.
Mr. Bishop said that it would.
Council Member Muller asked if the firm would be pursuing another land application
type system since DEQ would not allow the City to discharge effluent into the river.
Mr. Bishop said that the firm would explore all possibilities that could provide a solution.
He said that the City needs to keep an open mind as to what might be potentially
allowed.
Council Member Robertson asked if the eight year period would allow enough time to
address all four components of the system.
Mr. Bishop stated that it would.
Mr. Millar stated that Resolution 05-15 proposes to systematically allocate building
permits based upon the capacity of the system and the time required to complete a long
range solution. He explained that the Resolution assumes that the remaining capacity
of the system is 1401 EDUs based upon the winter storage pond. He explained that
the resolution proposes to allocate 175 building permits per year for eight years. Mr.
Millar said that the average number of building permits issued by the City that required
a sewer hookup from 2001 to 2004 was 128. He stated that the City had issued 117
such permits so far in 2005.
Council Member Bertram asked what would happen if the City estimated that a long
term solution could be developed in six years.
Mr. Millar explained that the allocation would be expanded as the proposal simply
divides the capacity by the time needed to complete a new system. He stated that the
City has choices on how to address the capacity issues of the system. He explained
that the City can keep issuing building permits under the current method until capacity
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is met and completely stop development, or the remaining number of hookups can be
distributed overtime.
Council Member Robertson clarified that the allocation method would only be an
acceptable solution if the issues with the land application component can be remedied.
Mr. Millar said that the Resolution was developed under the belief that the problems
with the land application can be remedied soon. He said that staff is viewing the winter
storage pond as the component that restricts capacity in the overall system.
Mr. Millar stated that if the Council decides to restrict the number of building permits
that are issued per year, a system needs to be developed that would allocate the
permits. He explained that he prepared a memo that proposes to distribute the building
permits each month based upon the historical monthly percentages. He said that the
methodology proposes to require all building permit applications to be submitted to the
City by the 15th day of every month. He explained that the applications would then be
reviewed by staff who would rank the applications based upon a system that scores the
applications. Mr. Millar explained that the proposed scoring system was developed
based upon the goals and objectives that were identified in the City's comprehensive
plan. He said that he went through the plan and identified every goal that could be
used in a ranking system. Mr. Millar said that the monthly allocation of building permits
would be issued to the highest scoring applications. He stated that those applications
that weren't chosen would be placed back in the pool for consideration in the next
month's distribution. Mr. Millar stated that the applicants would be required to pay for
their permit by the 1st of every month and if anyone failed to pick it up the next highest
ranked application would receive the permit.
Council Member Robertson asked for clarification if the methodology would only be
used for building permits that required a sewer connection.
Mr. Millar stated that the process would only be applicable for building permits requiring
new sewer hookups to the system. He said that those permits not needing a sewer
hookup would be issued in the current manner.
Council Member Bertram asked if the proposal takes the Payette Lakes Recreational
Water and Sewer District into account.
Mr. Millar explained that the methodology would treat all customers in the same
manner. He explained that Mr. Taber who spoke during the Public Comment period
can't receive a will serve letter because of the existing policy. He said that the adoption
of the resolution would change the policy and treat all customers seeking a building
permit the same.
Council Member Robertson stated that the District's letter voiced concern of their 1/3
allocation of the system. He said that building permit customers seeking hookup into
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the Sewer District has traditionally been higher than 30% of the total yearly distribution.
He said that the allocation would be met through the adoption of the policy.
Council Member Bertram asked if the Resolution would replace the old agreement with
the Sewer District.
Mr. Millar explained that it wouldn't. He stated that the policy is only for the distribution
of building permits and would treat every customer equally.
Council Member Robertson said that he is supportive of the proposal but is nervous
about the current issues with the land application component.
Mr. Millar explained that the policy can be revised at any time if the City discovers that
the land application problem can't be solved.
Council Member Robertson said that the City would be bombarded with building permit
applications tomorrow if no action is taken. He said that the Council can adopt the
policy and adjust it if any issues arise.
Council Member Bertram said that she thinks it would more fair to issue more permits at
this time and incrementally decrease the annual amount over the eight year period.
Mr. Millar stated that the current proposal is to distribute the permits over a straight time
period. He said that the resolution could be changed to distribute more permits initially.
He explained that the proposal would meter the number of permits to ensure that the
capacity of system isn't eliminated before a long term solution is constructed.
Council Member Bertram said that she doesn't have any issues with the scoring matrix
but is concerned about only issuing 175 building permits per year.
Mr. Kirkpatrick stated that 175 building permits are more than what was issued in 2003.
He explained that it was only in the past two years that the City issued more than 175
building permits that required a sewer hookup.
Council Member Muller asked what would be done if permits are issued and the City
Engineer discovers that the capacity of the system has been met.
Mr. Millar said that the issuance of permits would cease and the City would have to
address any specific bottlenecks in the system.
Council Member Muller stated that the City needs to proceed with the planning, design,
and construction of a new facility.
Mr. Millar said that Resolution 05-15 directs staff to proceed with the design of a new
facility.
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Council Member Robertson said that the City has discovered that a lack of irrigation
capacity exists in the J-Ditch canal. He said that he is comfortable with the Resolution
as long as the City can continue emptying the winter treatment pond.
Mr. Millar added that another problem is when the plant opened in 1998, the growth of
the area was predicted to be very low.
Mr. Kirkpatrick stated that specific task orders have been issued to CH2MHILL to
address each element of the treatment process.
Council Member Muller said that he hasn't reviewed any of the work that has been
performed by CH2MHILL, but that the City needs to meet with DEQ early in the process
of the design.
Council Member Robertson said that he, the Mayor, and Mr. Kirkpatrick met with
representatives of DEQ and were informed that the City would not be allowed to
discharge treated sewage into the river unless all of the phosphorus is removed. He
stated that such a level of treatment would be very expensive to obtain.
Council Member Greer said that he is concerned that an application to construct a
school would only rate 40 points.
Mr. Millar said that the allocation method was designed so that a forty point application
would be a very competitive score in the allocation of permits.
Council Member Greer stated that he likes the additional points that awarded for
sustainability.
Council Member Bertram said that the City just increased the cost for building permits.
She asked if Mr. Millar was conducting any studies for any additional costs that could
be added based on the future costs that would be borne by the City.
Mr. Millar said that the City Engineer is currently putting together several Master Plans
for the implementation in an impact fee study. He stated that the cost for a building
permit must be linked to the City's costs of doing business. Mr. Millar stated that future
costs must be collected through impact fees and that a legal nexus must be developed
to justify those fees.
Council Member Robertson said that he likes the proposal as it doesn't give any
advantage or disadvantage to projects being served by the City or the Sewer District.
He stated that the building permit allocations would be distributed based upon the
merits of the project and the goals of the comprehensive plan.
Mr. Kirkpatrick said that the resolution would be revised in section 9 and section 2 to
reflect the Council's direction.
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Mr. Millar said that the methodology for allocation is based upon the comprehensive
plan. He said that the methodology could be changed at any time by the desire of the
Council.
Council Member Robertson moved to adopt Resolution 05-15 as amended and to
approve the proposed building permit ranking allocation methodology. Council
Member Greer seconded the motion. In a roll call vote, Council Member Muller,
Council Member Robertson, Council Member Greer, and Council Member Bertram
voted aye. The motion carried 4-0-0.
A break was taken from 8:00 p.m. to 8:12 p.m.
AB 05-142 SUB-04-10 River Ranch Phase 1A Final Plat and Development
Agreement
Mr. Millar explained the agenda item was for the final plat approval of Phase 1 of the
River Ranch subdivision. He said that the Planning and Zoning Commission had
recommended approval of the final plat. Mr. Millar stated that the development
agreement had been reviewed by the City Attorney and City staff. He said that it is the
staff's recommendation for the Council to approve the final plat and development
agreement.
Council Member Muller said that he doesn't like gated communities but understands
that the approval was granted in the past. He said that he would like the developers to
remove the plans for the gates from the development.
Council Member Greer asked how the Mission Street dip was going to be repaired.
Brian O'Morrow, applicant, stated that the existing culvert would be removed and
replaced with a larger one and fill would be added. He explained that Mission St. would
be shifted slightly for the placement of the bike path.
Council Member Robertson moved to adopt the draft Findings & Conclusions and
approve the Final Plat for SUB-04-10, River Ranch Phase 1A and to approve the
related Development Agreement and authorize the Mayor to sign. Council
Member Bertram seconded the motion. In a roll call vote, Council Member
Bertram, Council Member Greer, Council Member Robertson, and Council
Member Muller voted aye. The motion carried 4-0-0.
AB 05-143 CUP-05-2 Lot 12, Ridgeview Subdivision
Mr. Millar stated that the application requests a Conditional Use Permit to construct a
duplex at 1464 Boydstun Loop. He explained that the Planning and Zoning
Commission requested an engineering review of the wetland area and it was
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determined that the project doesn't affect the wetland area. He said that the Planning
and Zoning has recommended approval of the Conditional Use Permit.
Council Member Robertson moved to adopt the draft Findings & Conclusions for
CUP-05-2 and authorize the Mayor to sign. Council Member Bertram seconded
the motion. In a voice vote, the motion carried 4-0-0.
AB 05-144 CUP-05-6 Brundage Bungalows
Mr. Millar explained that the application requests a Conditional Use Permit to construct
a duplex at 306 E. Lake St. He said that there is currently a cabin on blocks at the
location and the proposal would link it with another cabin via a carport to make it a
duplex. He explained that the applicant received Scenic Route approval for the project
last year.
Council Member Robertson said that the agenda bill indicates that the project is located
in the medium residential B zone but the findings and conclusions indicate that it is in
the low density residential A zone.
Mr. Millar clarified that the agenda bill was referencing the incorrect zoning designation
and that the findings and conclusions were correct.
Council Member Bertram moved to adopt the draft Findings & Conclusions for
CUP-05-6 and authorize the Mayor to sign. Council Member Robertson seconded
the motion. In a voice vote, the motion carried 4-0-0.
AB 05-145 CUP-05-9 Crystal Blue Waters Apartments
Mr. Millar explained that the applicant was unable to attend the meeting because of a
conflict. He said that the applicant has been working with the Urban Renewal Agency
on creating affordable housing units in the community. Mr. Millar said that the applicant
submitted an application to construct some condominiums but was precluded from
doing so because of the moratorium. He said that the applicant revised the application
to propose the construction of apartments that are allowable by a Conditional Use
Permit under the City Code. He stated that the applicant would retrofit the apartments
to condominiums at a later time. Mr. Millar stated that the Planning and Zoning
Commission recommended that the Council approve the Conditional Use Permit
without conducting an additional public hearing.
Council Member Muller said that he didn't believe there was adequate space in the
project for snow storage. He asked if anything could be changed to avoid any
problems.
Mr. Millar said that the snow storage design must conform to the engineer's
specifications. He said that the homeowners would bear any responsibility after that.
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Council Member Bertram asked if the Urban Renewal Agency should be referenced in
the conditions of approval.
Mr. Millar said that applicant has already executed an agreement with the Urban
Renewal Agency and that an additional condition of approval could be added.
Council Member Robertson moved to adopt the draft Findings & Conclusions for
CUP-05-9 as amended and authorize the Mayor to sign. Council Member Bertram
seconded the motion. In a voice vote, the motion carried 4-0-0.
AB 05-149 Eastside Water Storage Tank Financing
Mr. Kirkpatrick explained that during the last year the City pursued Judicial Confirmation
process to borrow $1.8 million from DEQ for the Eastside Water Storage Tank
financing. He explained that the 2002 water master plan identifies improvements to the
system to be completed over a multi -year period. Mr. Kirkpatrick said that he prepared
three spreadsheets to show the possibilities of the City funding the projects using all of
the loan, a portion of the loan, or none of the loan. He explained that the City currently
has $2.8 million
Council Member Muller said that he doesn't want to use the loan since the money is
available.
Council Member Bertram stated that borrowing from the loan would go against her
business sense. She said that the expense would cost more later but the City can
extract the money at that time. She said that the City might end up having to borrow
the money at a later time.
Council Member Greer stated that the costs for project would be passed onto the
taxpayer regardless of when it is done. He said that he supports borrowing the loan
money to lower the total project cost.
Council Member Robertson said that the Spring Mountain Ranch line should happen in
2005 instead of 2006. He said that he would hate to see the road built if it only has to
be torn up for the placement of the line. He said that there would be a total difference
of $900,000 by not borrowing the money. Council Member Robertson said that he
doesn't support the idea of having excess cash available in any of the City funds. He
said that the City should only seek loans when they are needed.
Mr. Kirkpatrick explained that the cost of the loan would be replaced with appropriated
fund balance in the current and next fiscal year. He stated that there would be no
impact this fiscal year.
Mrs. Townsend said that the City may want to consider funding part of the project in the
second budget amendment.
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Mr. Kirkpatrick said that he agrees that excess money shouldn't be left sitting in any of
the City of funds which is the reason for accelerating the plans for the westside storage
tank. He explained that the completion of the project can be accelerated under the
agreement.
Council Member Robertson stated that he believes there are too many unknowns to
justify borrowing money at this time. He said that the City can pursue the judicial
confirmation process again if needed in the future.
Council Member Robertson moved to direct staff not to borrow any of the $1.8
million loan for the Eastside Water Storage Tank Financing and to notify DEQ of
the City's intention to relinquish the approved loan. Council Member Muller
seconded the motion. In a voice vote the motion carried 3-1-0.
AB 05-125 Treated Water Storage Tank Project Bid Package III
Brad Bjerke, Pharmer Engineering, said that they were able to complete the bidding
process for the Water Storage Tank. He explained that the bidding process was
delayed because of the time it took the Department of Environmental Quality to review
the project. Mr. Bjerke explained that four companies submitted bids for the project and
the lowest bid was received from Record Steel and Construction. He said that the bid
was lower than the engineering estimate and the company would attempt to complete
the project this year.
Council Member Robertson asked if any of the other bidders would be able to finish the
project sooner.
Mr. Bjerke explained that the companies submitted bids based on value engineering.
He said that any of the companies could complete the project before winter but the cost
would come at a premium price.
Council Member Robertson asked if there was anything that could be done to expedite
the service to Aspen Ridge subdivision.
Mr. Bjerke said that he and Bill Keating had reviewed the project and they have
proposed to serve the subdivision with one of the dedicated pumps that would
eventually service the water tank.
Council Member Muller asked if the project would improve the water pressure
throughout the community.
Mr. Bjerke said that the project wouldn't affect the water pressure in the community.
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Council Member Muller moved to award the contract to the Record Steel and
Construction Inc. and authorize the Mayor to sign necessary documents. Council
Member Robertson seconded the motion. In a roll call vote, Council Member
Bertram, Council Member Greer, Council Member Robertson, and Council
Member Muller voted aye. The motion carried 4-0-0.
Council Member Bertram asked about the sewer project that is going to be conducted
on Lake Street. She asked if it the contractors who are going to be performing the work
had any experience in undertaking such a project.
Mr. Keating explained that Chad Olsen was going to be performing the work. He said
that he understands that they have hired a crew to install the new piping. He said that
the work would be inspected as they progress with the project.
Council Member Robertson said that the Idaho Transportation Department has
requested that the dedication of the Four Corners Project be done in conjunction with
the East-West Loop. He asked if the bridge would be completed in time.
Mr. Keating said that the bridge should be ready at the end of August.
AB 05-150 City Attorney Contract
Mr. Kirkpatrick stated that the draft contract with White Peterson had been finalized. He
said that Mr. Krueck had reviewed the contract and approved its form. He explained
that the contract was consistent with the proposal submitted by the firm and provides
for a fixed $5,000 retainer per month for typical services and additional services are
charged at an hourly rate. Mr. Kirkpatrick explained the $5,000 per month would
include attendance at 24 Council meetings per year, work on City ordinances,
resolutions, and contracts, review of planning and zoning actions, participation in
Association of Idaho Cities legislation, and personnel issues. He explained that the
contract would take effect August 1st and is very similar to what was executed with
Moore, Smith, Buxton and Turcke.
Council Member Robertson asked who was responsible for reviewing the billable hours.
Mr. Kirkpatrick stated that he reviewed the City Attorney bills monthly and passes them
onto the other departments if applicable. He explained that when reviewing the bills he
looks for reasonableness and content. He said that he attempts to bill the services to
the actual fund.
Mr. Krueck said that attorneys have an ethical duty to only bill for the hours of work that
are provided. He said that he is confident that the City would have a good working
relationship with White Peterson.
Council Member Greer moved to approve the contract with White Peterson for
City Attorney services and authorize the Mayor to sign all necessary documents.
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Council Member Bertram seconded the motion. In a roll call vote, Council
Member Muller, Council Member Robertson, Council Member Greer, and Council
Member Bertram voted aye. The motion carried 4-0-0.
REPORTS
Council Member Bertram said that the Council needs to discuss the Court Services
Agreement with Valley County.
Mr. Kirkpatrick stated that he had just become aware that a potential problem exists.
He said that staff needs time to figure out the problem and come up with a solution.
Council Member Bertram stated that Lee Heinrich had told her and Council Member
Robertson that all court services would be moved to Cascade. She said that the
agreement needs to be reviewed by the attorney. She said that she thought that Valley
County was under a court order to provide services to the City of McCall and it was a
big reason of why the bond for the annex was approved.
Mr. Kirkpatrick said that he would research the issue and report back to the Council.
Amanda Townsend, City Treasurer, said that Mr. Keating had originally proposed an
additional administrative assistant in his Fiscal Year 06 budget. She said that after staff
discussion it was agreed that the Utility Billing Specialist would be moved to Public
Works to assist with workload. Mrs. Kirkpatrick stated that the current Utility Billing
Specialist accepted the Senior Administrative Assistant position in the Public Works
Department and the position is now open. She explained that the arrangement to have
the Utility Billing Specialist located in the Public Works Building should work out for
everyone.
Mr. Kirkpatrick stated that Library District Committee had asked if the Council had made
a decision on their request for the building and contents.
Council Member Robertson requested that the item be scheduled for the August 11 to
meeting for discussion.
Mr. Kirkpatrick reported that Pete Rittenger had returned to work for the Police
Department as a corporal. He said that Rodney Wolverton had resigned to take an
officer position with the City of Moscow. Mr. Kirkpatrick stated that the search for a new
Police Chief was progressing.
Council Member Robertson asked where the City was advertising for the Police Chief
position.
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Mr. Kirkpatrick said that the position was currently being advertised locally but would be
expanded in coming week.
Council Member Greer asked if there was any concern or violation with Secesh
Engineering spraying orange paint on lathe in the morning.
Mr. Kirkpatrick said that he would discuss the issue with Mr. Keating.
Council Member Greer asked about the boat trailer parking at the airport.
Mr. Kirkpatrick explained that the parking was occurring at the area that is leased by
Manchester. He said that he would have the Airport Manager confirm that it is an
appropriate use of area according to the terms of the lease.
Council Member Bertram said that there seems to be a problem with the irrigation
system at the Four Corners Project. She asked if the Parks Department would be
responsible for maintaining the area after it is established.
Mr. Kirkpatrick confirmed that they would.
Council Member Robertson stated he would like to see the incremental cost of adding a
Code Enforcement Officer in the next step of the budget process.
EXECUTIVE SESSION
At 9:55 p.m., Council Member Robertson moved to go into executive session per
Idaho Code 67-2345(1f) and Idaho Code 67-2345(1c) to consider litigation and
property acquisition. Council Member Bertram seconded the motion. In a roll
call vote, Council Member Bertram, Council Member Greer, Council Member
Robertson and Council Member Muller voted aye. The motion carried.
The discussion pertained to pending litigation and property acquisition.
The Council reconvened to open session at 10:45 p.m.
ADJOURNMENT
Without further business, Council Member Greer moved to adjourn. Council
Member Robertson seconded the motion. All Council Members voted aye. The
motion carried. The Council adjourned at 10:46 p.m.
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Kirk L. Eimers, Mayor
ATTEST:
Dan Irwin, City Clerk
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