HomeMy Public PortalAboutCouncil Minutes 2005 02/10MINUTES
McCall City Council
Regular Meeting
Thursday, February 10, 2005
Table of Contents
Call to Order and Roll Call
Executive Session
• Litigation - Idaho Code §67-2345(1f) to consider pending litigation
Pledge of Allegiance
Public Comment
Consent Agenda
• Minutes of January 12, 2005 Special Joint Meeting and Work Session with the Police Advisory
Committee
• Minutes of January 13, 2005 Regular Council Meeting
• Payment Approval List for Warrant Registers for input dates between January 21, 2005 and
February 2, 2005
• Payroll Report for Pay Period Ending January 28, 2005
• AB 05-15 Memorandum of Understanding with Valley County Sheriff's Office for Records
Management Software System
• AB 05-19 Alcohol Beverage Catering Permits
• AB 05-29 LSTA Library Advocacy Grant
Business
• AB 05-30 Water Storage Tank Engineering and Construction Management Agreement
• AB 05-28 Ordinance No. 802: Correction to the legal description contained in Ordinance No. 794
(Rivers Crossing Annexation)
• AB 05-34 Surplus Fund Balance
• AB 05-31 Unmarked Vehicle Use Policy
• AB 05-32 Police Advisory Committee Discussion
AB 05-21 City Manager Performance Evaluation
Reports
Adjournment
CALL TO ORDER AND ROLL CALL
Mayor Eimers called the regular meeting of the McCall City Council to order at
5:00 p.m. Mayor Eimers, Council Member Bertram, Council Member Muller and
Council Member Robertson answered roll call. A quorum was present. Council
Member Greer arrived at 5:35 P.M.
Printed 3/14/2005
Page 1 of 17
February 10, 2005
City Council Minutes
EXECUTIVE SESSION
At 5:01 p.m., Mayor Eimers moved to go into executive session per Idaho Code
Section 67-2345(1f) to consider pending litigation. Council Member Bertram
seconded the motion. In a roll call vote, Mayor Eimers, Council Member Bertram,
Council Member Robertson and Council Member Muller voted aye. The motion
carried.
At 6:10 p.m., Mayor Eimers moved to come out of executive session. Council
Member Robertson seconded the motion. In a roll call vote, Council Member
Bertram, Council Member Robertson, Council Member Muller, Council Member
Greer, and Mayor Eimers voted aye. The motion carried.
PUBLIC COMMENT
Mayor Eimers led the Council in the Pledge of Allegiance.
Mayor Eimers called for public comment.
Pauline Doleshal, 625 Floyde Street, thanked the City Manager for responding to the
concerns which she voiced at the last City Council Meeting but she is still seeking a
resolution to the problems with the construction of her residence. She believes the City
is negligent in the building inspection process. She stated that the International
Building Code regulates the grading of property which wasn't performed properly when
her dwelling was constructed. Ms. Doleshal provided a letter and documentation for the
Council to review. She stated that the footings of her home weren't constructed
according to the building plans or building code. As a result of the deficiency, water
pours into the crawl space of her residence during snow melt or heavy rains causing a
problem with mold to occur. Ms. Doleshal said that the City Building Inspector
approved the footing trenches on the building permit 26 days after they were dug and
subsequently backfilled. She doesn't see how the footings could be properly inspected
at that time since they were covered with fill dirt. Ms. Doleshal asked if the purpose for
a building permit was only to generate revenue for the City. She stated that she wants
somebody to be held accountable for the failure in the inspection process.
Hearing no further comments, Mayor Eimers closed the public comment at 6:22
p.m.
CONSENT AGENDA
Printed 3/14/2005
Page 2 of 17
February 10, 2005
City Council Minutes
Council Members Robertson and Bertram provided corrections to the January 13, 2005
Minutes to be made prior to the Mayor signing them.
Council Member Robertson asked why the entry on the warrant register for the Sewer
Revenue Bond only showed a payment for interest and not the principal amount.
Amanda Townsend, City Treasurer, explained that the payment was for the loan
refinance by the Idaho Bond Bank and was a payment for interest only. She stated that
a payment for the principal amount would be due at a later time.
Council Member Robertson commended Mr. Kirkpatrick for waiving the alcohol catering
permit fees for the Chamber of Commerce during the Winter Carnival. Mr. Kirkpatrick
stated that the City has traditionally waived some of the fees for the Chamber during
the Winter Carnival.
Council Member Greer moved to approve the Consent Agenda as amended and
authorize the Mayor to sign all necessary documents. Council Member
Robertson seconded the motion. In a roll call vote, Council Member Bertram,
Council Member Greer, Council Member Robertson, Mayor Eimers, and Council
Member Muller voted aye. The motion carried.
AB 05-30 Water Storage Tank Engineering and Construction Management
Agreement
Bill Keating, Public Works Director, stated that as a result of the decision to construct
the water storage tank at the Nokes site, the agreement with Pharmer Engineering for
the engineering and construction management of the water storage tank project that
was approved at the January 27, 2005 Council Meeting needs to be revised. He
explained that due to the increase in elevation at the new site, additional engineering
work will be required for the design of the project. He stated that in order to provide an
adequate supply of water to fill the tank, two high pressure pumps and face piping will
be added at the water treatment plant.
Mr. Keating stated that the changes which Council Member Robertson had requested to
be made to the document were incorporated into the new agreement with the exception
of the revision to the reuse and ownership of documents clause. Council Member
Robertson agreed that the revised agreement was acceptable.
Council Member Muller asked if the developers of Aspen Ridge had incurred any
additional costs as a result of the decision to move the water tower to the Nokes site.
Mr. Keating responded that the developers haven't incurred any additional costs as a
result of the site change. Mr. Kirkpatrick added that it isn't a certainty that the Nokes
site will be used for the project. He explained that even if the Nokes site is used for the
Printed 3/14/2005 Page 3 of 17
February 10, 2005
City Council Minutes
water tank, the lot in Aspen Ridge will be needed for the placement of a pressure
reducing vault.
Council Member Muller stated that he doesn't want to cause any additional expenses to
the developer as a result of the project change.
Mr. Keating stated that the only concern with the project is the ability to serve the upper
lots in the development with water during the construction season. He stated that the
City will do everything possible to provide water to the upper lots at the earliest
possibility.
Council Member Bertram asked how much of a delay in the completion of the project
has occurred because of the site change. Mr. Keating stated that the change in
location hasn't delayed the project schedule.
Brad Bjerke, Pharmer Engineering, stated that the geotech drilling at the Nokes site will
begin on February 15, 2005.
Council Member Robertson moved to approve the engineering agreement with
Pharmer Engineering for the engineering and construction management of the
water storage tank, and authorize the Mayor to sign all necessary documents.
Council Member Muller seconded the motion. In a roll call vote, Council Member
Robertson, Council Member Muller, Council Member Greer, Mayor Eimers, and
Council Member Bertram voted aye. The motion carried.
AB 05-28 Ordinance No. 802: Correction to the legal description contained in
Ordinance No. 794 (Rivers Crossing Annexation)
Dan Irwin, City Clerk, stated that Ordinance No. 794 was adopted by the City Council
on November 18, 2004 and approved the annexation of River's Crossing subdivision.
He explained that the Ordinance was rejected by the Idaho State Tax Commission
since the legal description of the property boundaries didn't close to the scale required
by IDAPA 35.01.03.225.04. Mr. Irwin stated that Secesh Engineers has revised the
legal description of the property, and approval of Ordinance No. 802 will correct the
deficiencies contained in Ordinance No. 794 and will allow the subdivision to be
annexed into the City of McCall.
Council Member Robertson moved to suspend the rules and read Ordinance No.
802 one time by title only. Council Member Bertram seconded the motion. In a
roll call vote, Mayor Eimers, Council Member Bertram, Council Member
Robertson, Council Member Muller, and Council Member Greer voted aye. The
motion carried.
Mr. Kirkpatrick read Ordinance No. 802 by title only.
Printed 3/14/2005
Page 4 of 17
February 10, 2005
City Council Minutes
Council Member Robertson moved to adopt Ordinance No. 802. Council Member
Bertram seconded the motion. In a roll call vote, Council Member Robertson,
Council Member Bertram, Mayor Eimers, Council Member Greer, and Council
Member Muller voted aye. The motion carried.
AB 05-34 Surplus Fund Balance
Mr. Kirkpatrick stated that staff had developed a spreadsheet for the Council which
identifies the fund balances in the general fund, streets and public works fund, library
fund, recreation fund, airport fund, and enterprise funds. He said that the calculations
of the fund balance show what surplus money can be used for various projects which
the Council would like to see completed. Mr. Kirkpatrick stated that the Council has
expressed an interest in past meetings for using the surplus in the general fund for an
impact fee study, housing needs assessment, and possible improvements to the sewer
system. Mr. Kirkpatrick requested that the Council provide feedback about what
projects they would like prioritized for the use of the funds. He stated that staff would
then meet to get estimates for the projects.
Upon the request of Council Member Muller, Mr. Kirkpatrick explained how the
calculations for the fund balances in each fund were determined.
Council Member Robertson asked for clarification about the amounts calculated in the
enterprise funds.
Mr. Kirkpatrick stated that enterprise funds don't technically have a fund balance. He
explained the differences in calculating surplus amounts in the general and enterprise
funds.
Council Member Robertson asked if the DEQ loan is taken into account in the water
fund.
Mr. Kirkpatrick stated that the City has approval to borrow $1.8 million from DEC for the
water tank project. He stated that the City has budgeted $800,000 of the expenses to
be paid from the loan amount and the rest of the project cost would be paid from the
water fund. He stated that when the project begins the Council will need to make a
decision of how much of the loan should be borrowed.
Mr. Kirkpatrick stated that the other future obligation that is considered in the water fund
is $950,000 for the construction and site acquisition for the westside storage tank.
Mayor Eimers stated that by estimating $442,000 remaining cash balance in the fund, it
is assumed that $800,000 will be borrowed from the DEQ loan.
Council Member Robertson asked Mr. Kirkpatrick to discuss the calculation for the
Sewer Fund.
Printed 3/14/2005
Page 5 of 17
February 10, 2005
City Council Minutes
Mr. Kirkpatrick stated that the calculation for the sewer fund begins with a negative cash
amount because of the legal expense fees. He stated that the fund has a substantial
restricted asset amount that is dedicated for the construction of the airport sewer
project. Mr. Kirkpatrick stated that future obligations for the fund include the Mission to
Mather I&l reduction project, sewer system master plan, J-Ditch liner repair, and Spring
Mountain Ranch regional lift station. He stated that the combination of the factors
results in a large negative balance for the fund.
Council Member Muller asked if the surplus estimation calculation for the sewer fund
takes into consideration private developers providing for I&l reduction projects.
Mr. Kirkpatrick stated that the calculation doesn't take the possible development
agreements into consideration as it would be assumed that an equal amount of money
would be spent by the City for I&l reduction projects in other areas of the City.
Mayor Eimers stated that in the next year, the water fund will probably generate $1
million positive cash and the sewer fund will generate between $600,000 and $800,000.
Mayor Eimers asked if staff anticipated that an equitable level of building compared to
last would occur during the summer.
Mr. Kirkpatrick stated that it was anticipated that the level of new construction would be
similar to last year unless a moratorium on building permits has to be issued.
Council Member Bertram stated that she would like to see the Council take action on
adopting a policy that promotes infill development over annexation requests. She
stated that individuals with property located in the City limits who have paid their
property taxes for several years should be given priority for development approval.
Mr. Kirkpatrick stated two new annexation requests will be on the next Council agenda.
He stated that he would prepare an agenda bill for the Council to discuss adopting a
policy that favors infill development.
Mr. Kirkpatrick asked if the Council had any other projects they would like to consider
for the use of the surplus funds.
Mayor Eimers stated that it is important to get the impact fee study conducted.
Council Member Bertram asked if a capital fee could be added to the cost of a building
permit and dedicated towards saving for a new sewer facility prior to the completion of
the impact fee study.
Tammy Zokan, City Attorney, stated that if a fee is to be used for future improvements
an impact fee study is required to be conducted.
Printed 3/14/2005
Page 6 of 17
February 10, 2005
City Council Minutes
Shawn Kohtz suggested that the City examine the current capitalization fees that are
charged to developers to ensure they encompass everything which they should. He
stated that the fees could be increased without the requirement of an impact fee study.
Mr. Kirkpatrick stated that individuals are charged $7,315 during the building permit
process for water and sewer capitalization and hookup charges. He stated that the
equation that it used to determine the charges could be examined.
Council Member Robertson stated that he would rather assess the cost to the
developer rather than the person applying for a building permit. He asked if an
additional cost could be attributed to a development application and subject to change
when the impact fee study is complete.
Mr. Kirkpatrick stated that the fee would need to be based on some rational
methodology instead of establishing some arbitrary amount.
Council Member Robertson asked if a fee could be established and be subject to
change based upon the outcome of the impact fee study. Council Member Robertson
stated that the existing sewer system is capable of maintaining the current development
in the City. He stated that a rational fee could be derived by considering the amount of
anticipated development requests by the total cost of a new facility.
Mrs. Zokan stated that the fee would have to be established based on an actual impact
fee study. She stated that connection fees are charged for the development's
contribution to the current system and must be established accordingly. She stated that
fees which are charged for future improvements must have an impact fee study
completed before their implementation.
Mr. Kirkpatrick stated that staff will look at the equation that is used to calculate the
sewer and water capitalization fees in order to ensure that all of the elements are
captured.
Council Member Bertram stated that she would like to
completed as soon as possible, and requested that a
published in the immediate future.
see the impact fee study
Request for Proposal be
Mr. Kirkpatrick stated that he will develop a Request for Proposal in conjunction with the
City Attorney and City Engineer. He stated that the RFP will be published prior to the
next Council meeting.
Council Member Robertson asked if the Rio Vista step system was included in the
appropriated fund balance for the general fund.
Amanda Townsend, City Treasurer, stated that the cost of the step system and the
remodel of the Fire Station were identified as appropriated amounts in the fund.
Printed 3/14/2005
Page 7 of 17
February 10, 2005
City Council Minutes
Council Member Bertram stated that the Pine Wooley connector needs to be paved.
She added that Bill Keating should identify other streets in Rio Vista which are ready to
be paved as well.
Council Member Greer stated that staff should identify areas that have been previously
promised services such as paving. He stated that it is important to complete the
projects which have been promised to the public in the past.
Mayor Eimers stated that it was the desire of the Council to perform a significant
amount of paving projects with the surplus balance, and requested that staff prioritize a
large amount of the surplus for those projects.
Council Member Bertram asked if the City was receiving input from the County wide
bike path committee. Mr. Kirkpatrick stated that the group has developed a master plan
for the City of McCall which is being discussed by the Transportation Advisory
Committee.
Mayor Eimers asked if the Council would consider using the surplus to conduct
additional I&l reduction projects.
Council Member Muller stated that he supports projects that will provide benefits to
future taxpayers of the City. He said I&l reduction projects will ensure that the
infrastructure is adequate for the future. Council Member Muller stated that the Council
may also want to consider acquiring land for snow storage.
Mr. Kirkpatrick asked if the Council
Reserve Fund for future purchases.
would be a good idea.
would be receptive of establishing a Capital
The Council agreed that establishing the fund
Council Member Bertram stated that the Council should have a discussion about the
plans for the remodel of the old fire station.
Mr. Kirkpatrick stated that staff would begin preparing a prioritized list of projects for the
Council to review.
A break was taken from 7:50 p.m. to 8:00 p.m.
AB 05-32 Police Advisory Committee Discussion
Mr. Kirkpatrick stated that the Council had asked staff to prepare an agenda bill to
discuss the role, function and existence of the Police Advisory Committee. He stated
that staff had prepared copies of the minutes from the City Council meeting when the
Committee was established, and a copy of the approved Committee Charter to prepare
for the discussion.
Printed 3/14/2005
Page 8 of 17
February 10, 2005
City Council Minutes
Council Member Robertson stated that the charter of the Police Advisory Committee is
similar to those for the other advisory committees, but the nature of the Committee is
very different from the other groups. He said that based upon the serious and sensitive
concerns that are addressed by the Police Department such as robbery and drugs, he
believes the Council needs to address the charter of the Committee and possibly make
changes. He stated that the membership of the Committee should be more diverse to
provide for a broad representation of the community.
Council Member Greer stated that the Police Advisory Committee has a broader scope
of discussion than other Advisory Committees. He believes the Council should discuss
the purpose of the group and then make a determination of what the membership
should be.
Mayor Eimers stated that the Committee was able to solve the issues with the
community youth because of a balance in membership. He stated that discussion was
able to occur between the Police Department and Steve Millemann until a compromise
was reached. Mayor Eimers is concerned that the balance of the Committee
membership no longer exists. He stated that the Council should determine if the
Committee needs to report to the Council or to the Police Chief.
Council Member Greer stated that an advisory committee should be designed to assist
in managing the concerns of the City. He stated that the Council should decide if the
Police Advisory Committee is needed.
Council Member Bertram stated that she understood that the Police Advisory
Committee existed for the benefit of the Police Chief. She doesn't see how the
Committee benefits the Council since most issues are funneled through the Chief and
then Mr. Kirkpatrick. She stated that if the Police Department needs a committee to
see what is going on in the community then it should exist for that purpose. Council
Member Bertram stated that she doesn't think policy issues such as unmarked vehicles
should be discussed by the Committee.
Council Member Robertson stated that he doesn't feel that the Police Advisory
Committee is an advisory group to the Council but is for the Department itself. Council
Member Robertson stated that community members should always have the right to
come before the Council to address their concerns. He stated that other committees
have been established to address fiscal concerns but the Police Advisory Committee
often discusses human related concerns.
Council Member Muller stated that the City Council has always listened to both sides of
the issues when controversy has arisen with the Police Department. He stated that
during the summer the media inaccurately reported that the Council was planning on
firing the Police Chief. He stated that the bar owners and the Police Department came
before the Council and presented their sides of the issues. Council Member Muller
stated that the Council never took a stance that the Police Chief's jOb was in jeopardy
and thinks it might have been leaked to the media by members of the Committee. He
Printed 3/14/2005 Page 9 of 17
February 10, 2005
City Council Minutes
stated that he would like the Committee to address their concerns with the Chief, who
can pass them onto the Council if needed. Council Member Muller stated that he trusts
the Police Chief and always places his interests for first consideration. He stated that
he has never made a decision to not uphold a police officer's actions after hearing both
sides of the issue. Council Member Muller stated that he would like to see the
Committee and Police Department focus on narcotic enforcement.
Council Member Greer stated that he struggles to find how the Committee benefits the
Council.
Mayor Eimers stated that based upon the comments of the Council members, he
believes the Committee should report to the Police Chief rather than the Council.
Council Member Bertram stated that after meeting with the Police Advisory Committee
she felt the Committee benefits the Chief rather than the Council. She said that if the
Chief felt that the need for the Committee was warranted she would support the
Committee directly reporting to him.
Council Member Muller stated that he would like the Committee members to address
their concerns with the Chief who can then pass them along to the Council when
needed. He stated that there isn't a need for the entire Committee membership to
individually address the same issue to the Council. He stated that the membership
would need to become significantly more diverse if the Committee was to continue
reporting to the Council.
Council Member Robertson stated that he believes the Committee should be
established for the Police Department rather than the City Council. He suggested that if
the Police Chief felt the Committee was beneficial, Mr. Appa should meet with the City
Manager to establish what the mission of the Committee should be.
Council Member Bertram agreed that if the Police Department would like a Committee
that can act as a representative of the community then it should be formed to
specifically serve the Department.
Ralph Appa, Police Chief, stated that he would support the idea of the Committee being
established to assist the Police Department rather than the Council. He asked if the
Council would still like to know the Committee's position on certain policy issues.
Council Member Robertson stated that he would like the Chief and City Manager to
establish the goals and objectives of the Committee and the purpose they serve.
Chief Appa stated that he will request that future members be approved by the
Committee rather than making the appointments himself.
Council Member Robertson stated that he would hope the Police Chief uses the
Committee as a sounding board for various issues facing the Department. He stated
Printed 3/14/2005 Page 10 of 17
February 10, 2005
City Council Minutes
that the organization of the Committee would soon be changing when Dave Fields
leaves. He stated that it will be important for the Chief to establish the goals of
Committee.
Council Member Bertram stated that during the Council's tour of the old fire station,
Council Member Robertson suggested that the building could serve as headquarters for
the Department. She suggested that the Council may want to reconsider the idea.
Council Member Muller stated that he thinks the City should keep all emergency
personnel in one location which is by the airport. He stated that it would be less
expensive to build a new Police headquarters by the airport rather than trying to retrofit
the old Fire Station.
Council Member Robertson added that the project could pay for itself if holding cells
were constructed in the building.
AB 05-31 Unmarked Vehicle Use Policy
Mr. Kirkpatrick stated that unmarked Police vehicles are common to most police
departments when a staff size of six to seven officers is reached. He stated that in
smaller departments the police chief and senior supervisors assume more patrol
functions than administrative duties. In a department the size of McCall's, the police
chief is required to assume more administrative duties than patrol functions. Mr.
Kirkpatrick stated that the City of McCall has had unmarked vehicles in their fleet for
approximately 20 years. As the Department has grown three unmarked cars have been
issued to the Police Chief, Senior Supervisor, and a Detective. The functions of the
unmarked cars serve several purposes. Mr. Kirkpatrick stated that the City benefits
from the unmarked cars by allowing surveillance to be performed, allows for offsite
interviews of witnesses in sensitive investigations, and allows for additional on-call
availability through radio monitoring. He stated that there is often only one officer on
duty in the area and the County officers are located miles away. He stated that the
ability to provide a quick response to emergency situations is gained when senior
officers have the capability of monitoring the Department's communications. Mr.
Kirkpatrick stated that limited personal use of the unmarked vehicles allows for better
response to the needs of the community since the officers can monitor the radio traffic.
Council Member Bertram stated that the issue is being discussed because of the poor
judgment used by the Police Chief by transporting a deer with the vehicle. She stated
that she supports the limited use of the unmarked vehicles as long as good judgment is
used.
Council Member Muller stated that he believes the use of unmarked vehicles is a good
idea, but three unmarked vehicles are excessive for the size of McCall. He believes
that the Police Chief and Detective are the only employees who warrant the need for an
unmarked vehicle. He stated that he doesn't believe that the vehicles should be used
to transport family members because of the liability risk that is assumed by the City. He
Printed 3/14/2005 Page 11 of 17
February 10, 2005
City Council Minutes
stated that it is the responsibility of the Department to ensure that adequate officer
coverage is available for backup and wants a written policy established. Council
Member Muller stated that he thinks there should only be two unmarked cars in the fleet
and should only be available for use when the officers are conducting City business.
He stated that the vehicles should never be taken by the employees when they are on
vacation. He said that personnel need to have an avenue for escape without bringing
the duties of the job with them. Council Member Muller stated that he understands the
need for unmarked cars for the purposes of conducting sensitive investigations. He
stated that because of the recent growth in the area and recreational atmosphere of the
City, narcotics are becoming an increased problem. He said that he doesn't mind
unmarked cars being used to investigate those problems, but doesn't want to see them
used for personal trips or to transport family members.
Chief Appa stated that the vehicles are taken on personal trips to allow the ability for
the senior officers to respond to emergency situations.
Council Member Muller stated that rather than taking the vehicles on personal trips, the
Police Department needs to ensure that another senior officer is in the area and able to
respond.
Mayor Eimers stated that if the Chief wants to go on a fishing trip then another officer
needs to be available for backup coverage. He agreed that the vehicles should never
be used for personal business. Mayor Eimers stated that at all times either the Chief,
Lieutenant, or Sergeant should be identified as the on-call officer that is available for
emergency response.
Chief Appa stated that the current policy allows all three supervisors to monitor radio
traffic and allows each of them to respond to emergency situations if needed. He
stated that unmarked vehicles allow the ability of the senior officers to exercise more
discretion in pulling over individuals for minor traffic infractions. He stated that it is the
public's expectation that marked vehicles must stop individuals for every infraction. The
use of unmarked vehicles allows an officer to attend meetings or respond to more
urgent matters rather than making traffic stops for minor violations.
Council Member Bertram stated that she is comfortable with the current number of
unmarked vehicles in the fleet. She stated that the officers just need to exercise good
judgment when using them.
Mayor Eimers stated that the only way to ensure that good judgment is exercised in the
use of unmarked vehicles is to adopt a policy requiring that the vehicles only be used
when conducting City business.
Council Member Muller stated that he believes the City incurs a great liability when
transporting family members in the unmarked vehicles. He believes that the
Department should only be equipped with two unmarked cars, and mandate that they
only be used for official City business.
Printed 3/14/2005 Page 12 of 17
February 10, 2005
City Council Minutes
Council Member Greer said that in the State of New Mexico officers purchase their own
vehicles and the City Police Department outfits them with the required equipment.
Tammy Zokan, City Attorney, suggested that ICRMP be contacted to answer the
Council's concerns about the liability risk to the City by transporting family members in
the vehicles.
Mayor Eimers stated that the Department should never be left without a supervisor in
the area who can respond to an accident within a timely manner. He stated that an
officer should be able to use the vehicle if they are planning to provide backup for
emergency response but not if they are going fishing.
Council Member Robertson stated that the need for emergency coverage is not a result
of cutting an officer position. He stated that the Department chose to staff the resource
officer position instead of assigning them to patrol duties. He doesn't like to see the
personal use of public vehicles and questions the legality of doing such. Council
Member Robertson stated that the Chief and other officers need the ability to get away
from their jobs instead of being on call 24 hours a day. He suggested that the officers
be given portable radios if they feel that they must stay in touch while out of the area.
Mayor Eimers stated that the Council needs to discuss the number of unmarked
vehicles in the fleet, on call supervisory response, and whether the vehicles should be
used for personal use.
Council Member Bertram and Council Member Greer stated that they believe three
unmarked cars are sufficient for the Department. Council Member Muller, Council
Member Robertson and Mayor Eimers stated that they believe the Department should
only have only two unmarked vehicles in the fleet.
Mayor Eimers asked if the Department had a policy for ensuring that management
response was available.
Chris Moore, Police Lieutenant, stated that if an officer needs assistance the protocol is
to first contact the Sergeant and then the Lieutenant if necessary.
Chief Appa stated that without the use of the unmarked vehicles he couldn't guarantee
coverage by a supervisor at all times.
Mayor Eimers stated that the community should never be without a supervisor who can
respond to an emergency situation in timely manner.
Mr. Kirkpatrick stated that with proper scheduling one of the four senior officers should
always be able to provide coverage. He asked what the Council considered an
adequate response time.
Printed 3/14/2005
Page 13 of 17
February 10, 2005
City Council Minutes
Mayor Eimers stated that the response time should be reasonable.
Mr. Kirkpatrick asked if the Council considered the availability of an officer to respond
within a reasonable time to be official City business.
Mayor Eimers stated that he would consider it to be City business if it was the officer's
sole intent to be available for a response.
Chief Appa stated that the current established policy allows for high level of public
service by allowing for response to emergencies. He stated that by monitoring radio
traffic he or the Lieutenant could respond to any given situation if needed.
Council Member Muller stated that no personal use of a public vehicle should ever be
allowed. He said that the vehicles should not be used to transport family members
because of the liability that is assumed by the City.
Mayor Eimers stated that a public vehicle should only be used for public use. He stated
that the vehicle should only be utilized during off-duty availability if the officer is
intending to provide backup to the on-duty patrol.
Mr. Kirkpatrick stated that the officers currently take both a personal vehicle and the
unmarked vehicle when camping within a short distance of the City. He stated that by
bringing both vehicles, the Officers have the ability to monitor radio traffic and respond
if needed. He asked if the Council would consider this practice to be acceptable.
Mayor Eimers stated that the practice is unacceptable and a senior officer should be
identified to provide the emergency response coverage.
Council Member Muller stated that because of the cost that would be incurred to mark
the third vehicle, he has reconsidered his previous contention that the Department
should only have two unmarked cars. Mr. Muller stated that he would support the
current makeup of the fleet until one leaves service.
Mr. Kirkpatrick stated that the Council has clearly identified that a policy should be to
adopted allowing three unmarked vehicles in the Department's fleet, require that a
supervisor be on-call to respond to emergencies within a reasonable time, not to allow
the transportation of family members in the vehicles, and to only allow the use of the
vehicles for City business. He stated that as City Manager he will be responsible for the
implementation of the Council's desire.
Lieutenant Moore stated that the policy could present a problem since he has an officer
with young children that is often called in when her husband is also on duty. He stated
that her child care provider is located in McCall and it would present a problem if she
had to bring her children to the child care provider and then return to her residence in
Donnelly to pick up the vehicle.
Printed 3/14/2005
Page 14 of 17
February 10, 2005
City Council Minutes
Mayor Eimers stated that the scenario wouldn't be a problem if it only occurred
occasionally but if it was a regular practice then the officer would need to work out other
arrangements.
Council Member Muller stated that he doesn't want to see the transport of any family
members in the vehicles unless ICRMP will certify that that City doesn't have any
liability risk if an accident occurred.
Council Member Muller moved to adopt a policy allowing three unmarked
vehicles for the Police Department. Mayor Eimers seconded the motion. In a roll
call vote, Mayor Eimers, Council Member Muller, Council Member Robertson,
Council Member Greer, and Council Member Bertram voted aye. The motion
carried.
Council Member Muller moved to adopt a policy requiring that a supervisor be on-
call and able to respond within a reasonable time at all times. Mayor Eimers
seconded the motion. In a roll call vote, Mayor Eimers, Council Member Muller,
Council Member Robertson, Council Member Greer, and Council Member Bertram
voted aye. The motion carried.
Council Member Muller moved to adopt a policy requiring that unmarked vehicles
for the Police Department not be used for personal business. Mayor Eimers
seconded the motion. In a roll call vote, Mayor Eimers, Council Member Muller,
Council Member Robertson, and Council Member Bertram voted aye. Council
Member Greer voted nay. The motion carried.
Council Member Muller moved to adopt a policy requiring that family members
not be transported in the unmarked vehicles for regular transportation. Mayor
Eimers seconded the motion. In a roll call vote, Mayor Eimers, Council Member
Muller, Council Member Robertson, Council Member Greer, and Council Member
Bertram voted aye. The motion carried.
Council Member Robertson stated that he hopes the Council's decision doesn't
demoralize the Police Department as it wasn't their intention. He stated that the City
Council doesn't expect 24/7 coverage from the Department.
AB 05-21 City Manager Performance Evaluation
Council Member Muller stated that he wasn't comfortable in utilizing the BDPA form for
Mr. Kirkpatrick's evaluation. He stated that Mr. Kirkpatrick has done remarkably well in
his position as City Manager even though he has had to assume the duties of two job
positions. He stated that he believes Mr. Kirkpatrick will do even better in the position
when the Community Development Director is hired.
Printed 3/14/2005
Page 15 of 17
February 10, 2005
City Council Minutes
Mayor Eimers stated that Mr. Kirkpatrick has done an exceptional job in keeping the
City afloat during the transition of staff member changes and has managed the City
finances effectively. He stated that it will be important for Mr. Kirkpatrick to manage the
City through the issues with the J-Ditch, manage City staff and achieve objectives, and
to proactively identify problems facing the City. He stated that Mr. Kirkpatrick has done
a very fine job in his position as City Manager.
Council Member Robertson stated that Mr. Kirkpatrick has excelled in achieving the
core expectations of the City Manager position. He stated that Mr. Kirkpatrick leads by
example, inspires staff, possesses outstanding integrity, and has done a good job with
the City finances. Council Member Robertson stated that it is difficult to evaluate Mr.
Kirkpatrick's performance in the position since he has assumed the duties of multiple
job positions in the City. He suggested that the Council perform another evaluation for
Mr. Kirkpatrick during the summer after Mr. Millar has been established as the
Community Development Director.
Council Member Greer stated that Mr. Kirkpatrick has done a good job in exercising the
management of the City, coordinating the legal concerns of the City, and managing the
finances of the City. He stated that it is too early in Mr. Kirkpatrick's tenure to determine
his performance in interacting with the public and his supervision of staff.
Council Member Bertram stated that she didn't complete a written evaluation of Mr.
Kirkpatrick. She said that Mr. Kirkpatrick is a single individual performing the duties of
several jobs and has multiple issues facing him. She would like to see him promote his
philosophy of providing a high level of customer service to the public among the other
members of the City Staff. She stated that Mr. Kirkpatrick stepped into the position
during a difficult time and has done an outstanding job.
Mr. Kirkpatrick asked the Council if they were going to make a determination of whether
to approve a merit based increase in his salary.
Council Member Robertson stated that he would like to perform another evaluation of
Mr. Kirkpatrick in the summer and make a recommendation at that time. He stated that
any increase in salary could be made retroactively. He stated that he would be
prepared to consider discussing Mr. Kirkpatrick's total compensation package at that
time.
The Council agreed to perform another performance evaluation of Mr. Kirkpatrick in the
summer.
Council Member Robertson stated that he would like the Public Works Department to
clear the streets with the sweeper due to the amount of dust that exists. He also asked
Printed 3/14/2005
Page 16 of 17
February 10, 2005
City Council Minutes
if signs regarding the prohibition of compression brakes had been posted yet. Council
Member Robertson informed the Council that he had scheduled a meeting with Harry
Bettis to discuss the land application problem.
Mayor Eimers stated that the City Prosecutor informed him that the only thing the
business on Lick Creek could be cited for under the McCall City Code results in a $50
fine. He said that the City needs to consider increasing the penalty provisions under
the Zoning Ordinance in order to close the business down. Tammy Zokan stated that
the City may want to look at the City of Nampa's Zoning Ordinance as a template for
making the changes.
Council Member Bertram asked if ICRMP had reimbursed the City for the sewer backup
at Mountain Lakes Realty. Mr. Kirkpatrick stated that the claim had been denied by
ICRMP.
Council Member Bertram stated that the City should consider assisting the Board of
Central Idaho Historical Museum and Visitor Center with the operations of the SITPA
buildings. She added that they have been cited by the Division of Building Safety for
multiple safety violations. Mr. Kirkpatrick stated that the Parks and Recreation
Department would continue to maintain the grounds during the summer.
Without further business, Mayor Eimers moved to adjourn. Council Member
Muller seconded the motion. All Council Members voted aye. The motion
carried. The Council adjourned at 11:20 p.m.
Kirk L. Eimers, Mayor
ATTEST:
Dan Irwin, City Clerk
Printed 3/14/2005
Page 17 of 17
February 10, 2005
City Council Minutes