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
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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.
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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.
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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
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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
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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.
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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.
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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
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