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Council Minutes 1999 01/28CITY OF MC CALL MINUTES Regular Meeting McCall City Council Thursday — Jan 28, 1999 Table Of Contents Executive Session 2 Call To Order And Roll Call 2 Public Hearing — Quaker Hill 2 Consent Agenda 5 Business 6 AB 98-155 Sewer Operations 6 AB 98-113 Swinford Lease 6 AB 98-166 Clubhouse Contract 7 AB 99-10 Golf Course Items 7 AB 99-11 Ordinance No. 729 8 AB 99-12 SAIC Contract 8 AB 99-13 Kleinfelder Contract 8 AB 99-14 Keller Contract 9 Reports 9 Adjournment 10 Council Minutes - Jan 28, 1999.doc Page 1 of 10 MINUTES IExecutive Session — 6:00PM i The Executive Session was called to order by Mayor Eimers at 6:00 p.m. Roll call was taken. Ms. Arp, Mr. Colton, Mr. Eimers, Mr. Muller and Mr. Venable answered. A quorum was present. Members of the staff present were Acting City Manager Carla Donica, City P & Z Administrator Andy Locke and City Clerk Cherry Woodbury. Attorney Page Parker was present. Mr. Colton moved to go into Executive Session per Idaho Code 67-2345(f) to consider pending litigation. Mr. Muller seconded. At a roll call vote Mr. Colton, Mr. Muller, Mr. Venable, Ms. Arp and Mr. Eimers voted aye". The motion carried. At 6:48 p.m. Council came out of Executive Session. Mr. Colton moved for a 10 minute recess. Call To Order The regular meeting of the McCall City Council was called to order by Mayor Eimers at 7:00 p.m. Mr. Colton moved to direct Attorney Parker to continue negotiations on the pending litigation. Mr. Muller seconded and the motion carried unanimously. Mr. Muller moved to adopt the recommendations of Attorney McCurdy. Mr. Eimers seconded and the motion carried unanimously. !Public Hearing I AB 98-149 Quaker Hill Andy Locke reported on CUP 98-2 for the Quaker Hill camp expansion. He commented that a Conditional Use Permit was needed because the request was to amend the size of the camp by adding a second level to the lodge. This would increase the capacity by 40 persons. The application was augmented to include parking and snow storage. Mr. Locke reported that the Impact P & Z Commission had recommended to deny the CUP based on 22 Findings and Conclusions. Mr. Locke reviewed the primary ones that dealt with the camp location in a residential zone, and unreasonable amount of traffic and noise. Mr. Locke stated that the Master Plan never was approved in 1991 and formally adopted. Council Minutes - Jan 28, 1999.doc Page 2 of 10 John Fitzgerald, attorney representing Quaker Hill, presented information on the second floor addition. He commented that it would increase the capacity to 197. This would allow large youth groups to be housed together. He stated that the activities would center more around the lodge. He stated that the intent was not to increase the overall number of attendees, but to increase the efficiency. Currently part of a group stays at the lodge and part at the retreat center. Mr. Fitzgerald gave an analysis of the CUP under City Code and stated that it would meet the criteria of a CUP. He reported he had met with the opposition and the major concern was the noise generated by group activities on the lake side of the property. He stated with the addition the focus would be to have the activities up in the lodge area. This would reduce the noise in the lake front area. Mr. Fitzgerald addressed the traffic issue by explaining that most all group travel was by bus and not numerous cars. He commented that pedestrian traffic across Warm Wagon Road would be reduced by moving the activities up to the main portion of the property and lodge. In conclusion Mr. Fetzgerald reported that the Master Plan for Quaker Hill was being revised and would be submitted in March. The second floor of the lodge would be included in the Master Plan. Bill Killen representing certain adjoining property owners spoke on their concerns. He stated that bottom line all points were previously covered via the Commission public hearing process and the Impact P & Z's recommendation was to deny the CUP. He stated that logically an increase in the capacity would cause an increase in noise. It should be ensured that the camp and operations do not degrade the surrounding residential property. He stated that an approved Master Plan would outline areas of improvement to the camp and would avoid "piece meal" additions. Mr. Killen felt a definition of what a camp is should be defined by legal counsel for the City. Wayne Gutowski spoke in support of the proposal. He stated the addition was already to be in the Master Plan. He had seen a rendition of the plan and approved. He commented that the noise in the summer time would be there anyway. Glenn Koch owner of north adjoining property spoke in support of the proposal. He felt the positive activities for the youth groups were worthwhile. He stated he had bought the property knowing the camp was there. He commented that in 1930 the camp had had 162 attendees and was close to what was presently planned. Dennis Nick stated he had 2 children attend the camp and was concerned with the road crossing to get from the retreat to the lodge. He supported the expansion as it Council Minutes - Jan 28, 1999.doc Page 3 of 10 would focus the activities on the main property. He felt it was a very good outreach program for the community. Dennis Brobeck a Quaker Hill Board member spoke in support. He commented on the need of a place where youth could be youth. He felt it important to take kids out of their environment and into an environment of peace at Quaker Hill. Mr. Brobeck stated that Quaker Hill will continue to be good neighbors and the camp is managed by a good group of people. Todd Sholty spoke in support. He noted he was the area director for Young Life. That organization has winter camp at Quaker Hill for 80 — 110 youth. He commented that the addition would enable all the youth to be housed at the lodge. He reinforced that it was a safe heaven for kids and an incredible opportunity for many. He felt management did a very good job at policing the camp. Dave Kalange spoke in opposition due to the increase in noise. He felt the problems would increase and had called the camp to complain about late night noise. Mr. Fitzgerald asked to comment on the noise issue. He stated that there was a general overall activity on the lake and this probably contributed to the increase in noise. Jeff Clemmer spoke in support and had submitted a letter with his comments. Mike Lenzi opposed the expansion due to the noise level at the camp and especially the lake side retreat. He stated he has had to call Quaker Hill or the police on this issue. The noise was so loud that it was not enjoyable to be outside his residence. He commented that there were times when 40 — 60 kids would be on the beach or at the retreat. He felt the safety factor with increased jet skis and boats needed to be addressed as well. Jerry Bevington opposed the addition as it would obstruct the view currently enjoyed. He also stated the noise had increased. He felt more supervision was needed and noted that one of his canoes was used by mistake. Roger Folwell manager of Quaker Hill spoke on the scheduling of programs and activities. He stated the entire camp population was never at the lake at one time. He commented that there was 3 months max when the lake can be used due to weather. He reported that noise after 10:30 p.m. was dealt with because the manager resides on the property. He felt Quaker Hill tries to be a good neighbor and is working on solutions for areas of concern. Jeff Stoddard reported he had spoken with neighbors and was against the addition because of the negative impact on the neighborhood and surrounding property owners. Mr. Eimers inquired about what designated use came first or did that even matter. Council Minutes - Jan 28, 1999.doc Page 4 of 10 Mr. Killen responded the camp had conditional use grandfather rights but that did not permit excessive noise. Mr. Fitzgerald stated that the majority of the camps are located in Zone A areas. By placing appropriate conditions it would lessen the impact on the surrounding area. Mr. Colton entered into the record 4 letter recently received in support of the proposal. He stated that this would not be the final decision and suggested the process continue to allow further written comments. Mr. Muller felt the issue was not youth activities, but the noise. He felt a Master Plan with conditions and stipulations should be submitted. He noted that McCall in general is about having a lot of people visit in the summer and activities on the lake. He felt a concerted effort to resolve the problems should be made. Ms. Arp felt more time was needed to review and digest the information received and suggested this be on the agenda for the next meeting. Mr. Colton stated he would like Quaker Hill to investigate creative ways to reduce the noise level. Discussion followed on newspaper coverage and time to receive public written comment. It was agreed that comments be received until 5:00 p.m. on February 9' and that this item be on the February 11' agenda. IConsent Agenda i Minutes Of Jan 14, 1999 - Regular Meeting Minutes Of Jan 7, 1999 — Special Meeting Invoice Approval List Dated Jan, 1999 Hand Check For December Utility Billing Payroll Report Dated Jan 15, 1999 Corrections to the minutes were noted. There were questions regarding several invoices. Mr. Colton moved to approve the Consent Agenda. Mr. Muller seconded and the motion carried unanimously. Mr. Colton moved to amend the Consent Agenda to include the catering permit. Mr. Arp seconded and the motion carried unanimously. Council Minutes - Jan 28, 1999.doc Page 5 of 10 !Business i AB 98-155 Sewer Operations Bill Keating reported on hiring of personnel, telemetry transfer, operation transfer schedule and move of equipment. Mr. Keating felt the current District contract did not need to be extended. He reported on the status of the 1 ton truck. Gary Kimball had investigated the purchase of a truck. Mr. Keating presented the findings and noted that Roundtree presented the best deal. Mr. Keating stated that this year's budget would cover the monthly payments and the payoff could be included in next year's budget. Mr. Colton moved to approve the Roundtree contract subject to the City Attorney's review and approval. Mr. Eimers seconded. At a roll call vote Mr. Colton, Mr. Eimers, Ms. Arp, Mr. Muller, and Mr. Venable voted "aye". The motion carried. AB 98-113 Swinford Lease Bob Peckham reported on the clause in the lease agreement and the terms of the agreement. Mr. Peckham noted that the building is a permanent structure and could be used as a teen center for teen activities. He stated it would be used for more than gymnastics, but would have a gymnastic pit. Mr. Peckham presented cost and revenue projections that would be a budget amendment. There was discussion the waiver of water and sewer hookup fees and how to transfer funds to pay for the fees. Mr. Peckham commended Joe Swinford for his support on this lease agreement. Joe Swinford spoke on the building structure, attempt to get commercial financing, and purchase of loan from private lender. Mr. Swinford stated the hope was to get a long term commitment for use of the building. Mr. Peckham stated he had talked with City Attorney Buxton and the agreement could be rewritten to correct the 6 month lease issue. He requested the budget be amended from $700 to $800 per month for rent of the building. One of the gymnastic instructors spoke on the benefits of the pit and potential reduced liability with the installation of the pit. Ms. Arp reiterated that Council was to have a philosophical discussion on resident vs non-resident user fees and the goal for the Recreation Department to be self- sustaining. Mr. Colton moved to approve the increase in monthly rent corresponding to changes in the contract contingent upon approval by the City Attorney and to amend the budget to show expenditures outlined as well as sewer and water hookup fees. Ms. Arp seconded. Mr. Venable inquired about deferring the sewer and water hookup fees and having the property owner pay at the time the lease is terminated. Council Minutes - Jan 28, 1999.doc Page 6 of 10 At a roll call vote Mr. Colton, Ms. Arp, Mr. Muller, Mr. Eimers and Mr. Venable voted "aye". The motion carried. AB 98-166 Clubhouse Contract Ms. Arp moved to extend the current contract until the end of February. Mr. Muller seconded. At a roll call vote Ms. Arp, Mr. Muller, Mr. Venable, Mr. Colton and Mr. Eimers voted "aye". The motion carried. AB 99-10 Golf Course Items Dan Pillard reported on the well. A water sample was sent to Alchem and showed the water was even drinkable. Mr. Pillard reported that about $88,000 per year would be saved in City water fees for irrigation. There was discussion on the potential construction of a well for City water supply with future growth of McCall. Mr. Eimers suggested contacting the University of Idaho to investigate this possibility. Mr. Pillard presented the 1999 greens fee structure. He had done some research and contacted other cities. The consensus was that a gradual increase in fees was better than waiting several years and initiating a large increase. Mr. Colton mentioned that the Golf Course budget was an item to be revisited. A review of the budget is to be done by Mr. Pillard, the City Treasurer, and the Committee. A recommendation is then to be brought to Council by the end of February. Mr. Pillard reported on long range plans and investigating other courses to compare operations and maintenance to see where improvements could be made. Mr. Pillard also stated research had been done on brochures and a marketing program. Max Williamson stated he would still like to see a report of actual expenditures for the 97-98 fiscal year. He felt February might be too soon to received audited numbers. Mr. Williamson presented the minutes of October 14' from the Committee and other information on number of rounds, etc. He stated the rounds played showed there was still a percentage of free time. He felt it would be useful to bring in more players, be able to reserve tee time in advance, specify blocks of available time for advance reservations, try to get more new visitors to McCall, and offer accommodation packages. Of importance was to displace the current customers as little as possible. Discussion followed on marketing strategy and offering package deals. There was lengthy discussion on fees, competition with other courses, the Boise area courses, play volume, cost of doing business in the McCall environment vs. Boise, etc. Council Minutes - Jan 28, 1999.doc Page 7 of 10 Ms. Arp felt more time was needed to review the Committee minutes and fee schedule. This item will be put on the agenda for February 11tn Mr. Eimers moved to recess for 10 minutes. Mr. Colton seconded and the motion carried unanimously. The meeting reconvened at 10:40 PM. AB 99-11 Ordinance No. 729 Ashley Royal presented Ordinance No. 729. He reported on problems associated with utility billing and delinquent payments. He stated the purpose of the ordinance revision was to reduce the uncollectable bills. He felt small claim and collection agencies were unacceptable methods. He stated the need to have the account in the owner's name and that having the tenant be responsible puts the City at risk and not the property owner. Mr. Royal commented other cities had been contacted and this revision was similar to those. Mr. Royal spoke on the inadequate amount currently required as a deposit. Mr. Venable inquired about the amount in arrears. Mr. Royal estimated $87,000 delinquent over 30 days and $45,000 over 90 days. Mr. Royal stated the goal was to give some consideration to due process, but to look out for the financial well being of the City. There was lengthy discussion modifying penalties and cost for non-payment or delinquent accounts. Also discussed was liability to the property owner and how they become aware of the payment situation. Mr. Royal commented that both the tenant and property owner would have to be notified. Ms. Arp felt the concept was acceptable, but wanted the City Attorney to review. Mr. Eimers concurred and suggested waiting until the next Council meeting. Mr. Colton moved to suspend the rules and read by title only and for one reading only Ordinance No. 729 as presented. Ms. Arp seconded. At a roll call vote Mr. Colton, Ms. Arp, Mr. Muller, Mr. Eimers and Mr. Venable voted "aye". The motion carried. Ms. Woodbury read Ordnance No. 729 by title only. AB 99-12 SAIC Contract Andy Locke reported on the contract to complete an updated McCall Area Comprehensive Plan. City Attorney Buxton had been contacted and some items clarified and some revisions made. SAIC is to prepare maps for the Comp Plan. Ms. Arp moved to approve the contract with SAIC contingent upon City Attorney review. Mr. Eimers seconded. At a roll call vote Ms. Arp, Mr. Eimers, Mr. Venable, Mr. Muller and Mr. Colton voted "aye". The motion carried. AB 99-13 Geotech Contract Andy Locke reported on the amendment to the contract with Kleinfelder for geotech work relating to the J Ditch Phase II project. He stated that additional services had Council Minutes - Jan 28, 1999.doc Page 8 of 10 been performed by Kleinfelder and these were the charges for those services. However, it was reported by Mr. Locke that these services were not pre -approved by Council. Ms. Arp was stunned by the additional $86,270.00 cost of the services. These were in addition to the original contract of $35,000. Ms. Arp expressed frustration with the amount of the change order and felt some items should have been expected. Mr. Locke felt that these costs should have been presented to Council before the work was done and the cost incurred. Mr. Muller wanted a legal opinion on the responsibility of the City to pay these costs. He inquired if there would be a reduction in billing from RH2 because Kleinfelder did the work. Mr. Muller requested that RH2 respond on this issue. Mr. Venable noted that the government agencies had requested additions to the scope of work. Ms. Arp inquired if RH2 as City Engineer should have reviewed the bill. Mr. Locke commented that Rick Ballard, RH2, had concurred with the Kleinfelder costs. Ms. Arp felt concerns on this additional charge should be conveyed and some answers obtained. It was requested that Rick Harbert be at the next meeting to address concerns with this additional expense. No action was taken and this item is to be on the Feb 11 th agenda. AB 99-14 Keller Contract Andy Locke reported that the contract had been review by City Attorney Buxton and RH2. Comments by RH2 were sent to the attorney and some changes were to be made per Ms. Buxton. Mr. Locke reviewed the comments made by RH2 and noted one was for Keller to provide all bid sets. Ms. Arp moved to approve the contract with Keller, taking into account the engineering comments, contingent upon final review by the City Attorney. Mr. Colton seconded. At a roll call vote Ms. Arp, Mr. Colton, Mr. Venable, Mr. Eimers and Mr. Muller voted "aye". The motion carried. Reports Staff Acting City Manager - Discussed Committee meetings and distribution of minutes to Council City Clerk - Nothing further to report Council Minutes - Jan 28, 1999.doc Page 9 of 10 P & Z Admin - Reported on a P & Z workshop for new commissioners to attend. Mr. Colton moved to approve the training request and to allocate funds from the Council contingency. Mr. Muller seconded and the motion carried unanimously. Council Ms. Arp - Nothing further Mr. Colton - Reported on City Manager vacancy and process of selection. Each Committee chairman was invited to go through the applications. Mr. Colton felt in about 2 weeks there would be enough applications to make a decision on an interim manager. This item should be on the next agenda. Mr. Colton presented a draft job description for City Manager. He commented that Chief Donica should be compensated for the time as Acting City Manager. Mr. Muller - Research on computer equipment showed an expense of about $1,799 for what was needed Mr. Eimers Nothing further Mr. Venable - Nothing further 'Adjournment Without further business, Mr. Colton moved to adjourn. Mr. Muller seconded and the motion carried unanimously. The Council adjourned at 12:25 AM. ATTEST: Z1416v Kirk Eimers, Mayor Cherry oodbury, City Clerk Council Minutes - Jan 28, 1999.doc Page 10 of 10