HomeMy Public PortalAboutCouncil Minutes 2004 06/24MINUTES
McCall City Council
Regular Meeting
Thursday, June 24, 2004
Table of Contents
Call to Order and Roll Call
Pledge of Allegiance
Public Comment
Consent Agenda
• Minutes of June 15, 2004 and Amended Minutes of May 27, 2004
• Payment Approval List for Warrant Registers for input dates between June 4,
2004 and June 17, 2004
• AB 04-97 Alcohol Beverage License Applications — Beer and Wine
• AB 04-100 Alcohol Beverage Catering Permits
• AB 04-102 Idaho Department of Commerce Gem Community Program
• AB 04-104 Agreement with the City of McCall and Armstrong Consultants
Business
• AB 04-106 Sale of LID #3 parcels to Silvertip, LLC
• AB 04-92 ZON-04-3 Zoning designation upon annexation for the proposed
River's Crossing subdivision. Ordinance 794: annexing the
property and implementing the Planning and Zoning's
recommended zoning designation.
• AB 04-105 Update the City of McCall's compensation plan
• AB 04-101 Concession
Executive Session
Adjournment
CALL TO ORDER AND ROLL CALL
Mayor Eimers called the regular meeting of the McCall City Council to order at
7:05 p.m. Mayor Eimers, Council Member Bertram, Council Member Greer, and
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Council Member Robertson answered roll call. Council Member Muller was
absent. A quorum was present.
City staff members present were City Attorney Chris Yorgason, City Manager/City
Clerk Robert Strope, Community Development Director Lindley Kirkpatrick,
Treasurer Amanda Townsend, Police Chief Ralph Appa, Parks and Recreation
Director Brock Heasley, Librarian Anne Kantola, Golf Course Director Dan Pillard,
Airport Manager Kevin Delaney, Network Administrator Dave Simmonds, Public
Works Administrative Assistant Liz Tash, Grant Coordinator Carol Coyle, and
Assistant to the City Manager Tina Clark.
Mayor Eimers led the Council in the Pledge of Allegiance.
PUBLIC COMMENT
Mayor Eimers called for public comment.
No public comment was received.
CONSENT AGENDA
Minutes of June 15, 2004 and Amended Minutes of May 27, 2004
Payment Approval List for warrant Registers for input dates between June 4, 2004
and June 17, 2004
AB 04-97 Alcohol Beverage License Applications — Beer and Wine
AB 04-100 Alcohol Beverage Catering Permits
AB 04-102 Idaho Department of Commerce Gem Community Program
AB 04-104 Agreement with the City of McCall and Armstrong Consultants
Council Member Bertram asked about the sewer refunds paid to Jeffery Baker.
City Manager Strope explained that Mr. Baker had paid for the sewer hookup fees
when he was issued a building permit, but wasn't able to complete the proposed
work so the fees were refunded.
Council Member Robertson moved to approve the Consent Agenda and authorize
the Mayor to sign all necessary documents. Council Member Greer seconded the
motion. All Council Members voted aye. The motion carried.
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BUSINESS
AB 04-106 Sale of LID #3 parcels to Silvertip, LLC
Mr. Ray Robnett, representing Silvertip, LLC of Boise, requested a 30 day extension on
the due diligence period for parcels K, L, and M. The extension is needed due to the
extensive history of the properties which have discovered during the research process.
They have estimated that it is going to cost the company $5,000,000 to develop
properties. Mr. Robnett stated that after reviewing the original ordinance they
discovered that they could increase the number of lots on the property by twenty
percent. The addition of these 14 lots will allow the company to continue developing
the property. He stated that he was under the impression that the hookup to the lift
station was included in the $1.3 million cost of the properties when the company agreed
to purchase them, but later found out that isn't the case. Mr. Robnett stated that they
would be willing to give another $10,000 in earnest money if the Council was willing to
extend the due diligence period by another 30 days. He stated that after the 30 day
extension, the company will be facing an additional $60,000 expense if they fail to close
on the property.
Lindley Kirkpatrick, Community Development Director, stated that Planning and Zoning
must approve the request to increase the number of lots on the property.
Mayor Eimers asked for clarification regarding the $60,000 that would be incurred if the
company failed to purchase the property by the closing date.
Robert Strope explained that if the payoff date for the property is exceeded, an
additional $60,000 would have to be added to the purchase price of the property as a
result of penalties and interest. Mr. Robnett stated that this was a situation that the City
would have faced regardless of their purchase of the property. He stated that after the
due diligence period is done, the company would release the money deemed
reasonable to the City.
Lindley Kirkpatrick explained the primary advantage for the City extending the due
diligence period, is that the City would be able to sell the properties for the LID balance
due and have the burden of expense removed. The disadvantage to the City extending
the period would be the time lost which could have been used to negotiate with
somebody else if the deal falls apart with Silvertip. He recommended extending the
due diligence period and closing date with the stipulations that Silvertip LLC add an
additional $10,000 in nonrefundable earnest money and require that the final price can
not be less than the LID balance owed by the City at closing.
Ray Robnett stated that Silvertip would be willing to release the current $10,000 in
earnest money, and add an additional $10,000.00 in refundable earnest money.
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Mayor Eimers moved to extend the due diligence period by an additional 30 days,
require Silvertip LLC to pay $10,000.00 in nonrefundable earnest money payable
to the City now, and place an additional $10,000.00 refundable earnest money in
escrow. Council Member Robertson seconded the motion. All Council Members
voted aye. The motion carried.
AB 04-92 ZON-04-3
Lindley Kirkpatrick said that on May 10, 2004 the Council conducted a public hearing on
Ordinance 794, which will annex the property and provide for residential zoning. Mr.
Kirkpatrick stated that Mr. Hunt has submitted the attached letter regarding the Sheep
Bridge, and has agreed to repair it to the City's specifications, donate the bridge to the
City, and provide public access across the bridge and along a paved trail through the
proposed Rivers Crossing Subdivision. Mr. Kirkpatrick stated that the City will assume
a new liability by taking over ownership of the bridge.
Mayor Eimers asked if it is in the better interest of the owner to build private roads. Mr.
Kirkpatrick said that it benefits the City due to the Zack of access to the subdivision by
City or County roads.
Council Member Bertram asked if the owner was going to improve the landing around
the bridge. Mr. Kirkpatrick confirmed that he had agreed to do so.
Council Member Greer moved to suspend the rules and read Ordinance 794 one
time by title only. Council Member Eimers seconded the motion. In a roll call
vote, Council Member Bertram, Council Member Greer, Council Member
Robertson, and Mayor Eimers voted aye. The motion carried.
City Manager Strope read Ordinance 794 by title only
Council Member Greer moved to adopt Ordinance 794. Council Member Bertram
seconded the motion. All Council Members voted aye. The motion carried.
AB 04-105 Update the City of McCall's compensation plan
Brenda Loftis, Personnel Officer, presented an update of the City of McCall's
compensation plan. Ms. Loftis stated that the City of McCall's performance
management plan states that the City should conduct a formal salary survey at least
every two years. She stated that the last survey was conducted on June 1, 2002, and
that the City should contract with BDPA for the completion of a new salary survey study.
In response to an email she received from Council Member Robertson, Ms. Loftis
stated that BDPA would charge $70 per hour for the completion of the survey, but has
agreed to eliminate the $312 in other expenses previously cited in the proposal.
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Council Member Robertson stated that he wasn't a member of the City Council when
BDPA completed the initial compensation plan for the City. He was disappointed in the
lack of information provided by BDPA to the public about how the initial study was
conducted. He stated that there are good salary survey devices and disastrous survey
devices used in performing salary surveys, and wants to know why BDPA chose the
City of Boise, City of Eagle, and Forest Service as the entities to factor the
compensation plan against. He stated that he wouldn't approve the plan if the City
ends up with a two page methodology report about how BDPA arrived at their figures.
Robert Strope recommended tabling AB 04-105 to the next Council meeting for
further discussion.
AB 04-101 Concession Agreement between the McCall Skateboard Park
Association and the City of McCall.
Brock Heasley, Parks and Recreation Director, presented a concession agreement and
supporting documents requesting permission for the McCall Skateboard Park
Association to operate a concession cart in Legacy or Fairway Parks on Tuesday
through Sundays from July 1, 2004 through September 30, 2004. The purpose of the
concession is to raise funds for the McCall Skateboard Park project.
Council Member Bertram asked if the agreement represented the least expensive way
to conduct a fund raising activity. Brock Heasley stated that the agreement represents
a negotiated agreement between the association, the City Clerk, and himself.
Council Member Robertson moved to approve the agreement and authorize the
Mayor to sign all necessary documents. Council Member Greer seconded the
motion. In a roll call vote, Mayor Eimers, Council Member Robertson, Council
Member Greer, and Council Member Bertram voted aye. The motion carried.
AB 04-103 Airport Manager conference update
Kevin Delaney, Airport Manger, presented a summary of the conferences he has
attended this year. In April, he attended two conferences hosted by the American
Association of Airport Executives. The first conference he attended discussed the rules
and regulations of small airport management which govern the airport of McCal1.
During the conference he learned of potential revenue sources and information about
minimal standards governing small airports. He stated that the information was useful
as he is in the process of examining the City of McCall's airport revenue sources and
rewriting the minimum standards for the facility which haven't been updated for many
years. The second conference that he attended discussed the new FAA airport
regulations and the different types of federal grants available. His attendance allowed
him to preview the new regulations which will be placed on airports by the FAA. Mr.
Delaney stated that he just recently returned from Big Ben Community College where
he attended a 40 hour aviation safety and fire fighting course. The course presented
him with the tactics used in the case of an aircraft accident.
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Council Member Robertson asked if he discovered anything at the Northwest FAA
conference that could be utilized to get the City to be placed at a higher priority for
funding. Mr. Delaney stated that the new FAA regulations have been changed to
prioritize safety and firefighting, and there is less financial support for security.
Council Member Eimers asked about funding avenues for terminals. Mr. Delaney
explained that terminals would have to be granted through the FAA grant funding
process. He explained that the federal government would pay 95% of the project, the
State would contribute 2.5%, and the City would have to make up the difference.
AB 04-107 Local Option Tax
Robert Strope, City Manager, stated that if the City plans on placing a Local Option Tax
on the ballot this fall, the Council needs to decide on what the expense provisions for
the ballot should be. Mr. Strope provided a copy of the Ordinance provisions and
asked that Council determine what the uses of the tax revenue should be. Mr. Strope
stated that the City has attempted to pass a Local Option Tax on three occasions since
he has been City Manager of McCall, and it has failed each time. He stated that the
wording for the provisions of use need to be specific enough for the community to relate
to, but general enough that the City has room to levy the tax. The Local Option Tax
must collect a 2/3 majority of voters in order to be approved and any revenues that
aren't expended on the identified uses go directly to local property tax relief.
The Council Members discussed how the tax would be administered, how much time
would be involved for the administration of the tax, what purposes should the tax be
utilized for, and to what rate the tax should be set at.
Council Member Bertram asked if there was still a provision for an independent
commission to oversee the utilization of the tax revenue. Mr. Strope stated that if the
measure passes, an independent commission would be appointed from the community
that would oversee what the uses of the tax will be utilized for. The committee would
meet and make recommendations to the Council for approval.
Council Member Robertson stated that he heard comments from the community in the
previous years that they opposed the tax based upon the control by the commission
rather than by Council. He was concerned that too big of a potential uses list also
makes voters wary of approving the tax.
The Council discussed what rate of tax should be proposed under the provision. Mr.
Strope stated that each percentage of lodging tax equals approximately $30,000 in
revenue. Mayor Eimers stated that his wife believes that if the tax rate is more than
2%, it would deter local business.
Council Member Robertson stated that he recommends putting the idea of the proposal
before the accommodators in order to feel their responses before finalizing a decision.
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Robert Strope recommended that AB 04-107 be tabled until the next Council meeting
on July 8, 2004. He recommended placing a press release in the paper to notify the
community that the Council is considering a 2% or 3% bed tax, looking to refine the
potential uses of the tax, and that the Council is committed to putting this on the ballot
this fall.
The Council's guidance was to contact the accommodators to inform them that the
Council is considering a 2% - 3% bed tax and are looking to refine the uses of the
potential revenue.
AB 04-108 Prosecutor Coverage
Robert Strope, City Manager, stated that with the departure of Jamie Shropshire, the
City faces a lapse in coverage. He recommended that the City Attorney take over until
the City finds a replacement for the position. Council Member Bertram asked if they
would perform the duties at the same rate of pay. Mr. Strope stated that he believed he
could negotiate the fee at the same rate.
Council Member Robertson said he thought the City sought to utilize someone local as
the Prosecutor in order to assist in the criminal protection process. He stated that in
order to arrest someone, it is helpful for the Police Department to have face to face
contact with the prosecutor of the case. He asked if it may be beneficial for Council to
explore a possible relationship with Matt Williams who is running unopposed in the
general election. Tom Kerr, Valley County Commissioner, stated that the County
doesn't care what their prosecutor does in their spare time as long as it doesn't interfere
with their elected duties.
Council Member Bertram stated that she would prefer to stay with utilizing the services
of Jamie Shropshire for one more month until all of the job applications are all in. Mr.
Strope stated that he would research the availability of the City Attorney just in case the
logistics of the RFP timing interferes with the ability to establish a new Prosecutor by
August.
McCall Bypass
Council Member Greer asked if anybody had heard if the Goose Creek bypass had
been removed from discussion by the Idaho Transportation Department.
Tom Kerr, Valley County Commissioner, stated that he recently attended the Idaho
Transportation Department board meeting where the idea of the McCall Alternate and
Goose Creek project was debated. He stated that both projects have been taken off
the table by the Department. Commissioner Kerr stated that he was disappointed that
nobody from the City of McCall attended the meeting. He had worked on the issue in
the 70's and 80's and again in the 90's to current. He was disappointed that all the
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work and environmental studies were performed in each instance, only to have the idea
tabled by the Department of Transportation.
AB 04-109 City Manager Replacement
Mayor Eimers moved to have a plaque made in appreciation of the services provided by
City Manager Strope.
Council Member Greer gave a personal thank you to Mr. Strope and stated that his
work has shown that he has a talent for the field, and thanked him for his contribution to
the City of McCall.
Mayor Eimers suggested that the Council consider asking Lindley Kirkpatrick if he
would like the position of City Manager, and Council could focus their attention for a
new City Planner.
Robert Strope said that because the action would represent a promotion, the City would
have to provide an internal posting as a minimum.
Council Member Robertson said he recommended Lindley Kirkpatrick when he left the
City. He stated that there are a number of issues that have been brought out by the
press and he is concerned about moving too quickly. He stated that they need time to
make the right decision. He doesn't understand how Mr. Kirkpatrick could possibly
handle another position with everything that is happening in the City at this time.
Council Member Greer stated that he also is not comfortable making the hiring decision
quickly. He recommended that Council identify the criteria they are looking for to make
it a competitive process. He recommended selecting a citizen committee who make the
final decision from three finalists chosen by the City Council.
Council Member Bertram stated that she would like to see what Lindley's hopes and
dreams are for the community. She doesn't want to prolong the process, and believes
that Council needs to have a long conversation to see if Lindley would want the
position.
Mayor Eimers agreed that there needs to be some continuity in the City. He stated that
Council should investigate an alternative solution, such as hiring a specialized firm to
take over City Manager duties as a temporary solution.
Roberts Strope said there are a number of firms that specialize in the placement of
government personnel. He stated that a firm he contacted has a pool of retired City
Managers who they contract with. Mr. Strope stated that the salary range works out to
be 1.5 ($50 an hour) times the current hourly rate, in addition to paying for temporary
lodging.
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Council Member Robertson said there may be retired people in the community who
may have had City Manager experience. He recommends that the Council get together
with the department heads before making a recommendation. He stated that he agrees
with Council Member Bertram that hiring a person that knows the local environment
would benefit the community.
Council Member Greer stated the only benefit a local person would give to the situation
is that they know the local situation. He stated that he believes they should be looking
for a person that knows how to manage a City.
Council Member Bertram recommended that the Mayor step in and help Lindley until a
decision is made. Council Member Greer stated that he agrees with the idea that
Lindley step in as intermediate Manager.
Lindley Kirkpatrick said he appreciates the comments made by Council and the fact
they have considered him as a possible replacement for the position. He stated that
Council doesn't need to make an immediate decision tonight, and that they should
determine what they are looking for in a City Manager, what role they want the City
Manager to play, what role they as Council Members should play, and what their overall
vision for the City is. He stated that the City is structured with a strong staff and
productive department heads that would allow him to productively manage the City for
the short term. Since the process could take several months, he recommends looking
for a professional manager to take over in the interim during the recruitment process.
Council Member Bertram stated that Council or members of the community may want
to take the position of looking at changing the Council/Manager form of government
during the November election.
Tom Kerr, Valley County Commissioner, stated that the duties and responsibilities of
every position in the Council/Manager form of government is outlined in a manual which
he helped create in the committee process. He said that if the City decided to change
the form of government, it would have to be done during the regular city election or by
declaring a special election. Each Council Member would have to run for election again
in order to elect the new Council Members and Mayor.
Council Member Robertson proposed a meeting next week to discuss the idea of
changing forms of City Government further. He stated that Council should meet in a
week to discuss what to do as an interim measure, instead of dumping the
responsibilities onto Lindley.
Liz Tash, Public Works, stated that she is saddened that Robert Strope is leaving his
employment with the City. She stated that she would be happy to work for Lindley.
Ralph Appa, Police Chief, expressed concerns about the relationship between the City
Council and staff.
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Brock Heasley, Parks and Recreation Director, stated that Robert has been an
outstanding boss towards him. He stated that the City Council and staff need to work
together as a team.
Council Members agreed to hold a Special Meeting to be held on the next Tuesday at
7:00 p.m.
Council Member Greer asked if someone could obtain a copy of a contract for a City
Manager from AIC or the International Association of City Managers, which Council
Members could discuss at the next meeting.
Council Member Robertson stated that the Council should establish a vision of what
goals they have for the City of McCall in order to identify the criteria of what they are
looking for in a City Manager.
City Manager Greer stated that the Council should verbalize how they want to interact
with the City Manager to make sure they choose the right personality for the position.
Mayor Eimers agreed to meet with staff members in order to a feeling for what the staff
wants and envisions for the City.
REPORTS
Council Member — Jerry Greer wanted to thank the Chief of police, and
apologized for failing to communicate that point with the department.
City Attorney — Chris Yorgeson said he has talked to the people at Masco
regarding the Mountain Lakes Realty sewer issue. According to Masco they
hooked up everything that was specified on the plans, so from their prospective,
the City is liable for the damage for not citing the pipe on the plans. He stated
that the claim may have to be submitted to ICRMP.
Police Chief — Ralph Appa stated that in May he attended a week long FBI
Command College training. The training topics covered were communications in
organizations, leadership, and media relations. He stated that he attended the
training to assist him in obtaining Executive Level Certification as a Police Chief,
a goal he established in conjunction with the City Manager. He stated that
recently his department had issued several parking violations in downtown
McCall. He stated that the department received many complaints in which he
believes stem from the lack of signage. He performed a survey of downtown and
identified the need for 29 new signs. Mr. Appa asked Council if parking
enforcement is a priority and whether they should explore purchasing new signs
for downtown. Council Member Bertram asked that the Chief explore the option
of placing parking meters rather than putting up new signs.
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Director of Golf Operations - Dan Pillard stated that they are making a lot of
progress on the golf course especially with the new equipment they've received
this year. It has taken a long time to get the golf course into the condition they
wanted and there were high expectations from the customers utilizing the course.
He commended the golf course crew for the work they've performed. He stated
that Robert always supported his decisions and thanked him for the support. He
also thanked the Mayor and Council for their support of him and his crew.
Council Member Robertson asked Brock Heasley about his new assistant, Ryan
Cadillo. Brock stated that Ryan will be assisting him in implementing recreation
programs. Council Member Robertson asked that Brock attend the golf
committee meeting that will be held next week. Mayor Eimers asked if Brock has
been successful in getting more softball tournaments. Brock stated that Ryan
will be attending ASA meetings in Boise in order to get more softball teams and
tournaments scheduled in McCall.
ADJOURNMENT
Without further business, Council Member Robertson moved to adjourn. Council
Member Greer seconded the motion. All Council Members voted aye. The motion
carried. The Council adjourned at 10:24p.m.
Kirk L. Eimers, Mayor
ATTEST:
(0_
Dan Irwin, City Clerk
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