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HomeMy Public PortalAboutCouncil Minutes 1998 11/19CITY OF MC CALL MINUTES Regular Meeting McCall City Council Thursday - Nov 19, 1998 Table Of Contents Call To Order And Roll Call 2 Public Comments 2 Consent Agenda 2 Business 2 AB 98-162 Airport Advisory Committee Vacancy 3 AB 98-160 Development Review 3 AB 98-155 Water And Sewer M & O Bids 4 AB 98-144 Ordinance No. 723 5 AB 98-161 Resolution 15-98 LID #3 5 Reports 6 Executive Session 6 Adjournment 8 Council Minutes - Nov 19, 1998.doc Page 1 of 8 MINUTES Call To Order And Roll Call The meeting was called to order by President Muller at 7:00 p.m. Ms. Arp, Mr. Colton, Mr. Muller and Mr. Venable answered the roll call. Mr. Eimers was absent. A quorum was present. Members of the staff present were City Manager Brian Olson, City Attorneys Dave Bieter and Susan Buxton, Treasurer Ashley Royal and City Clerk Cherry Woodbury. Public Comment None Consent Agenda Minutes Of Nov 5, 1998 - Regular Meeting Invoice Approval List (To Be Distributed Later) Hand Check For December Utility Billing Liquor License Renewal — The Woodsman Liquor License Renewal — Clubhouse Restaurant Liquor License Renewal — Art's Tobacco Shop Employee / Volunteer Christmas Party Pay Request No. 7 — AIP 06 AB 98-159 Golf Course Pass Refund Request Corrections to the minutes were noted. Ms. Arp and Mr. Muller had questions on the new accounts payable format and invoices. Mr. Royal responded to the questions and commented on the new system. Mr. Muller inquired about the amount paid to Kleinfelder. Mr. Olson is to check on the status of grant funds which are to be used to cover this payment. Mr. Colton inquired about the system being able to sort the accounts payable by GL number so expenses related to a certain project could be grouped together. Mr. Royal stated producing this and other reports are being investigated. Mr. Muller added Toothman Orton bills totaling $5,374.33 to the Consent Agenda for approval. Ms. Arp inquired about the employee / volunteer holiday party. There was discussion on obtaining proposals for catering the event. December 18`h has been set for the party which will be at the Clubhouse. Council Minutes - Nov 19, 1998.doc Page 2 of 8 Ms. Arp requested that any golf refund requests have the amount clearly noted on the request. Mr. Muller moved to approve the Consent Agenda as amended and noting corrections on the invoice list. Mr. Colton seconded and the motion carried unanimously. Business AB 98-162 Airport Advisory Committee Vacancy Brian Olson reported on the Committee's recommendation. Lori MacNichol stated she would be pleased to work on the Committee and for the community. Ms. Arp wondered if there would be any conflict of interest since Ms. MacNichol was a contracted pilot for one of the Fixed Base Operators. Mr. Bieter commented that since the Committee was not the final decision maker, he felt alright with the situation. Mr. Colton moved to approve the appointment of Lori K. MacNichol to the Airport Advisory Committee. Mr. Muller seconded. At a roll call vote, Mr. Colton, Mr. Muller, Ms. Arp and Mr. Venable voted "aye". The motion carried. Mr. Colton noted that all Committee members were pilots and he felt recruiting should be geared towards non -pilots. Mr. Olson is to investigate recruiting members. AB 98-160 Development Review Charges Brian Olson commented that this was an information item and for consideration by Council. Rick Harbert spoke on the charges for services and what is currently in the City Code. He reviewed several sections of the Code dealing with charges for plan review or building permit review by a licensed professional engineer, review by the City Engineer on all applications designs to avoid flooding of other properties, etc. Mr. Harbert stated the review fee to the developer would depend on the thoroughness of the plans submitted. This fee should be passed on to the developer or the alternative would be not to bill the developer. Mr. Harbert stated the review process was defined with Mr. Locke being the focal contact. Involved in the first review of plans would be P & Z, Public Works, and Building Inspection. If approved by those departments, the plans would go to RH2 where costs would be incurred. RH2 would bill the City and the City could then pass through the costs to the developer. Mr. Olson commented that the allocation of charges for City Engineer and City Attorney would be attributed to three areas 1) City budget 2) Grant reimbursable and 3) Developer reimbursable. Council Minutes - Nov 19, 1998.doc Page 3 of 8 Mr. Harbert reviewed plans submitted by a developer, noting the deficiencies and lack of completeness of the documents. Some of the items noted were existing utilities not shown on the plans and lack of storm water drainage notation. Mr. Harbert stated the current City as built plans supplied by the previous engineering firm are unreliable and lack the necessary detail. Discussion followed on the costs incurred thus far to the developer. Ms. Arp stated the developer's concern was the unexpected and unknown cost. Mr. Locke pointed out that with in-house engineering services there has not been a pass through of cost. An initial meeting with developers to inform them of cost areas was discussed. Mr. Locke stated a revised ordinance will be proposed to address this issue and clarify the process to developers. Mr. Locke explained that the benefit to a developer if the plans are thoroughly prepared by their own engineer would be a short review time schedule. AB 98-155 Water and Sewer M & O Bids Mr. Colton felt the status on this issue was still three possibilities - Continue with the District - Contract out - City undertake Mr. Colton felt the comparison spreadsheet was above and beyond what was asked for. Mr. Muller felt it was information derived from the various proposals and in the format requested. Mr. Harbert stated it was in part information included in the original bids. The criteria listed on the spreadsheet was from the most complete proposal by PSG. Mr. Colton inquired how the list compared to what was in the original RFP. Mr. Harbert responded that the RFP was for all services currently being provided in the contract. The RFP included a copy of the current agreement. Mr. Harbert noted that some contractors did not bid in accordance with the contract documents. Discussion followed on compliance with the bidding process. It was noted that Council could reject any or all bids or recommend which ones should be rejected based on not meeting bid requirements. Mr. Colton noted one option not included was the cost of the City doing it. Mr. Muller requested a proposal of cost for the City to operate the services. It was agreed to make available to the public the comparison spreadsheet, in-house cost estimates, and the District proposal for continued services at the December 10th meeting. Mr. Bieter stated the City would have to reject all bids if services were to be done by the City. Ms. Arp inquired if the District could now submit a proposal for the water treatment plant. Mr. Bieter felt that the District could not now add the bid for the water treatment operation. Ted Whiteman asked if the RFP was actually for professional services or construction type bid. He felt that the other bidders having a copy of the District contract with cost figures was not proper. Mr. Bieter noted that the current District contract is a public record. Mr. Whiteman asked if the Council had to take the lowest bid. Mr. Bieter noted Council Minutes - Nov 19, 1998.doc Page 4of8 that along with cost there were several other criteria in the RFP. Mr. Whiteman inquired if the other bidders had met the required deadline. Mr. Harbert responded affirmative. Mr. Colton pointed out the Council had requested a change in the RFP context to include status of current employees. He felt this made an extra condition on the RFP. AB 98-144 Ordinance No. 723 Ms. Woodbury reported the sidewalk maintenance ordinance had been given to the Chamber of Commerce to distribute to businesses. She confirmed with the Chamber that this was done and there was no feedback. Chief Donica commented that she also had received no feedback. Mr. Colton moved to suspend the rules and read by title only the second and third reading of Ordinance No. 723. Mr. Muller seconded. At a roll call vote Mr. Colton, Mr. Muller, Ms. Arp and Mr. Venable voted "aye". The motion carried. Mr. Bieter read Ordinance No. 723 by title only. Mr. Colton moved to adopt Ordinance No. 723. Mr. Muller seconded. At a roll call vote Mr. Colton, Mr. Muller, Ms. Arp and Mr. Venable voted "aye". The motion carried. AB 98-161 Resolution 15-98 LID #3 Susan Buxton presented the resolution for the purpose of setting a delinquency date for LID payments. This LID for Spring Mountain Ranch has large delinquency payments and several landowners intend to default. Ms. Buxton wanted to insure that all City records were accurate should action be necessary on the defaults. She noted that the City records were incomplete and commended Karen Fries on the time and effort put into compiling accurate records. Ms. Buxton reviewed the resolution and delinquency process. She noted the notice to be sent to landowners. She noted the reset of the delinquency date and commented that it was a benefit to the landowners. She felt this was a really fair way to handle the matter. Mr. Venable inquired if this would be a one time reset. Ms. Buxton confirmed it would be. Mr. Colton moved to approve Resolution as identified under AB 98-161 (Resolution 15- 98). Mr. Muller seconded and the motion carried unanimously. Reports Staff City Manager - Mentioned the open house held November 18th Council Minutes - Nov 19, 1998.doc Page 5 of 8 City Attorney - Mentioned the City of Star's ordinance pertaining to lower speed limits City Clerk - Reported that several more requests for adjustment on water bills had been resolved and letters written Treasurer - Reported work on the new system to generate the requested / desired reports Council Ms. Arp - Inquired about the recreation building - Asked about the increase in self insurance administration cost Commented that the new insurance carrier was asking for additional cost to cover extra programs such as gymnastics - Requested that as soon as grant funds are received that contractors be paid Mr. Colton - Requested that the Council packets go out Friday - Commented on letter from Udell that takes issue with the property infringement re the old jail renovation. Mr. Olson to write a follow-up letter. Mr. Venable - No further comments Mr. Muller - Noted the December 7' meeting pertaining to the effluent ponds and Dwayne Nelson's request for documents to be available for review Stated he the advisory committees are of benefit to the Council and have valuable input Executive Session Mr. Killen, representing Mike McCoy, stated that the matter did not need to be taken up in Executive Session and it was Council's choice as to how to proceed. Mr. Bieter concurred that it was the Council's choice, but stated in his experience grievances were normally held in Executive Session. Mr. Colton felt the person involved should determine whether to go to Executive Session or not. He also wanted Council to know of the close personal relationship he had with the McCoy family. Ms. Buxton and Mr. Bieter advised that the Council was more in the position of a judge and Mr. Colton should determine for himself if he could be impartial and overcome bias. Council Minutes - Nov 19, 1998.doc Page 6 of 8 Mr. Venable moved per Idaho Code 67-2345(b) to go into Executive Session. Mr. Muller seconded. At a roll call vote Mr. Venable and Mr. Muller voted "aye". Ms. Arp and Mr. Colton voted "nay". The motion died. Mr. Killen presented a summary of events since Mr. McCoy incurred an injury. He stated that the step for the Department Head to consider that reasonable accommodation be made to deal with the circumstance without undue hardship to the employer had not been investigated. There was discussion on the current Personnel Policy, termination vs unpaid status, letters sent to Mr. McCoy, etc. Mr. Bieter stated that every effort went into making sure the process was according to the policy and in fairness. He noted that a letter from the doctor releasing Mr. McCoy for the type of work he performed was never received. This had been requested over several months but not provided. The City was in need of an employee to fill the position and a temporary was hired. Mr. Bieter stated that based on the requirement of the job there was no reasonable accommodation available. He noted that the City needed the work done and the temporary employee status had run out. Mr. Colton felt that the temporary hire should not enter into the issue. He felt that reasonable accommodation could be as broad as agreed upon. There was discussion on the various duties within the Public Works Department that didn't involve lifting, the fairness to other personnel required to lift, etc. Mr. Killen responded that the law doesn't dictate this or that be given, but in fairness to the employee felt reasonable accommodation to provide employment to the employee should be considered. Mr. Bieter reported on the meeting between Mr. Keating and Mr. McCoy and that determination was nothing could be done. Mr. Bieter stated that the City was not required to leave the job open. Ms. Arp felt Mr. McCoy was asking Council to go through the steps as presented. Ms. Arp asked Mr. McCoy if he felt there was a job that could be done at the time of the meeting with Mr. Keating. Mr. McCoy responded he remembered no offer of accommodation and if he could not report to work did not have a job. Mr. Keating stated that Mr. McCoy had run out of leave, there was no doctor's release, and the work needed to be done. Mr. Muller was concerned that if Mr. McCoy was working and injured again what the liability would be to the City. Mr. Killen stated that the request was not for more leave, just that the ADA step of reasonable accommodation be taken. Mr. Bieter felt the issue had been and was still the extension of time. Council Minutes - Nov 19, 1998.doc Page 7 of 8 Mr. Venable asked Mr. Keating if there was anything in Public Works that could be done by Mr. McCoy. Mr. Keating responded nothing full time was available. Mr. Venable commented that everyone shares the work and lifting. Mr. Colton asked about the potential in the area of working part for the Airport and part for Public Works. Mr. Olson responded that the position would be half as Airport Manager and half working under Public Works. Mr. Killen stated no objection if Council wanted to continue the matter. Ms. Buxton advised should Council take under advisement it would not be appropriate to talk to parties involved (Mr. McCoy and Mr. Keating). Mr. Muller inquired if the employee was in a position and had to lift even 10# and becomes reinjured what liability there would be. Mr. Killen stated the employee would be eligible for Workers' Comp. Ms. Arp moved to put this issue on the next City Council agenda for the meeting of December 3rd. Mr. Muller seconded and the motion carried unanimously. Adjournment Without further business, Mr. Venable moved to adjourn. Mr. Colton seconded and the motion carried unanimously. The Council adjourned at 11:30 P.M. ATTEST: 601 Cherry W bury, City Clerk Kirk Eimers, Mayor Council Minutes - Nov 19, 1998.doc Page 8 of 8