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Council Minutes 1999 05/01CITY OF MC CALL MINUTES Special Meeting McCall City Council Golf Course Clubhouse Saturday - May 1, 1999 Table Of Contents Call To Order and Roll Call 2 Business 2 Public Hearing, Zoning 4 Business 4 Public Hearing, CUP g Deliberations 7 Adjournment g Minutes - May 1, 1999.doc Page 1 of 8 MINUTES Call To Order I The special meeting of the McCall City Council was called to order at the City of McCall Golf Course Clubhouse by Mayor Eimers at 9:10 a.m. Mr. Muller, Mr. Colton, Mr. Eimers, Ms. Arp, and Mr. Venable answered roll call. A quorum was present. City staff present were City Attorneys Dave Bieter and Susan Buxton, Interim City Manager Bill Robertson, and Assistant to City Manager Chelsi Sholty. Business The first order of business was annexation, along with a staff presentation. Mr. Bieter explained the annexation purpose and process: It is not necessary to hold a public hearing on this issue, and whether to annex or not is a Council decision. Therefore, the Council needs to decide what area is subject to annexation —to include Blue Jay Subdivision and the site next to West Valley Road. The area was pointed out on the displayed map. Mr. Robertson gave a report on the three choices: annex nothing, annex the whole area, or annex a smaller portion that doesn't include Blue Jay Subdivision. He explained why the annexation needs to occur and reported on the physical aspects and the city services the area would be qualified for. The area would change from Impact to City Area, and the City would receive approximately $7,000 in revenue per year as a result of the annexation. City services (Public Works and Police) cost comparisons were made between annexing or not annexing Blue Jay Subdivision. The bottom line is that costs would go up approximately $2,000 per year if Blue Jay was annexed. To not annex Blue Jay would mean no road maintenance costs on the part of the City, as the roads would stay in the county (this was previously reviewed with the County Commissioner). Ms. Buxton reported on the M Resorts letter indicating the conflict of interest in regards to the two Council Members. Ms. Buxton researched and disagrees with this, but feels it is okay to submit the letter into record. Ms. Arp requested the agencies be made available to answer questions before the hearing began, in order to ensure all information was on the table. She felt this was an appropriate time to do this. Mr. Eimers explained that it was a non -issue at this point, as the City has gone through hours of public hearings and testimonies regarding the issue. He added that judgments have already been made on the testimonies. He suggested that we wait until the CUP hearing. Ms. Arp disagreed with this. She felt that when considering an annexation, we are dealing with public property, so now is the time to have a discussion prior to the actual annexation. Mr. Eimers repeated that this Minutes - May 1, 1999.doc Page 2 of 8 has already been done. He explained the reason for being here today was for the CUP and to follow up on what staff has reported. Mr. Muller interjected that perhaps this disagreement should be referred to legal council. Mr. Bieter reiterated the items on the agenda —there are to be two public hearings: 1) zoning; and 2) CUP. He explained that the annexation was the Council's agenda —it is the Council's prerogative on whether to annex or not. Ms. Arp asked to get some answers from the agencies before the public hearing. Mr. Bieter informed the Council to treat this issue as they like. Ms. Buxton agreed that the agencies did come, however, to consider that we are still in the middle of the NEPA process and decisions are not yet final. She agreed that the agencies are allowed to answer questions if Council says okay, but this was not the intended purpose of the meeting. Mr. Colton asked if as a Council Member, could he ask questions? Mr. Bieter said to go ahead. Mr. Muller said he doesn't see the point in directing questions. Mr. Eimers was in agreement with Mr. Muller, and said questions should be directed during the CUP. Mr. Colton inferred that he was in disagreement on this issue, and that it was not appropriate to play games. If the public has questions, let them get the information. He felt that we need to make as much information available as possible. He also noted that he was not in favor of the annexation, and has gone on record in the past regarding this issue. He explained that the Council has a history of voting differently on the same issue as new information was presented, so why should this time be any different? Tom Haynes interrupted to say he had a presentation to give. Mr. Eimers then interrupted Mr. Haynes and asked him to follow the process —this was not the appropriate time. Mr. Venable was asked by Mr. Eimers to give his opinion, and he said he agreed with Mr. Eimers and Mr. Muller. Mr. Eimers asked if the Council could agree not to allow questions to the agencies at this time. Ms. Buxton advised the Mayor that the agencies will answer questions at a time he designates. Mr. Eimers then asked the Council what they wished to do? Ms. Arp said she has already stated her opinion. Mr. Muller said to wait until the CUP hearing. Ms. Arp made a motion to hear the agencies and Mr. Colton seconded the motion. In a roll call vote Ms. Arp and Mr. Colton voted "aye", and Mr. Muller, Mr. Eimers, and Mr. Venable voted "nay." The motion did not carry. Ms. Arp had a question on the Blue Jay annexation, and Mr. Bieter answered her question. Mr. Robertson reiterated that that there would be more expense to the City if Blue Jay was annexed. Minutes - May 1, 1999.doc Page 3 of 8 Mr. Eimers made a motion to annex the Alford property and the City -owned Bezates property. Mr. Muller seconded. At a roll call vote Mr. Eimers, Mr. Muller, and Mr. Venable voted "aye." Mr. Colton and Ms. Arp voted "nay." The motion carried. Mr. Eimers explained the zoning/re-zoning issue, and directed the staff to report on the issue. Mr. Bieter explained that the proposal was for the zoning to remain R5 and R10. When land is annexed to the City it is received unzoned, so the City needs to zone the land. Now is the time to express zoning issues. Mr. Bieter explained that he has prepared an ordinance to zone the land, and is requesting a motion to approve the ordinance to designate boundaries of area and zoning (which was formally county zoning). He advised to open the public hearing regarding the zoning of the property. Mr. Eimers announced that the Council will now take public testimony. He explained that we need to treat each other with dignity and respect —no outbursts will be tolerated, so to constrain themselves. Ms. Buxton explained that Idaho Code requires the recording of transcribable records, so to state name and address clearly. She asked if anyone had any questions regarding this request. There were no questions. Public Hearing, Zoning Mr. Eimers opened the public hearing on zoning at 10 a.m. The following citizens gave public testimony: • Steve Milleman, attorney for M Resorts, which is an adjoiner to the property • Rand Walker, 905 Davis St. • Ray Alford, 1129 West Valley Rd. • Julie Eddins, 1004 West Lake St. • Chris Seubert, 1121 Chad Dr. • Rory Bean, 280 Wisdom Rd. • Tom Haynes, 338 Carmen Dr. • Larry Moody, 115 Coy Rd. • Roz Campbell, 979 Valley View Lane, no comment • John Campbell, 979 Valley View Lane • Dean Martens, 331 Cece Way • Don Green, P.O. Box 342 • John Bixby, 290 Wisdom The public hearing was closed at 10:21 a.m. IBusiness I Mr. Bieter asked the Council to approve the ordinance. Minutes - May 1, 1999.doc Page 4 of 8 Ms. Arp made a motion to suspend rules and read the ordinance #730 by title only. Mr. Eimers seconded. Ms. Arp clarified that zoning would occur according to current zoning rules. At a roll call vote Ms. Arp, Mr. Eimers, Mr. Muller, Mr. Colton, and Mr. Venable all voted "aye." The motion carried unanimously. Mr. Bieter read the ordinance by title. Ms. Arp moved to approve the ordinance. Mr. Colton seconded the motion. At a roll call vote Ms. Arp, Mr. Colton, Mr. Muller, Mr. Eimers, and Mr. Venable all voted "aye." The motion carried unanimously. Mr. Eimers called for a 10 minute recess at 10:28 a.m. Mr. Colton seconded and the motion carried unanimously. The meeting reconvened at 10:45 a.m. Mr. Eimers began the next item of business to consider the City's CUP. He gave an opportunity for Council Members to disclose. Mr. Colton requested to dismiss himself, as he owns a piece of property that is being considered for annexation. Mr. Venable also asked to be dismissed due to a conflict of interest —employment by Shore Lodge (M Resorts). Both were dismissed. Mr. Eimers reiterated the directive to treat each other with dignity and respect and to limit testimonies to 5 minutes. Dean Martens raised the question whether or not individuals could donate minutes they do not use to someone else they designate. After some discussion, Mr. Eimers approved the request. Jean Odmark asked to be put on the list, and then to donate her time to Steve Milleman. Rory Bean made the same request. However, both requests were denied, as Ms. Odmark and Mr. Bean were already on the list. Karen Alford requested to have her name placed on the list and to donate her time to her husband Ramon Alford —this was granted. Mr. Eimers asked for a staff report from the City Manager. Mr. Robertson introduced items into evidence —Exhibits 1-29. He listed and explained the Exhibits. Ms. Arp asked if they were all being entered into record today, as she has not had an opportunity to review the material? Mr. Robertson explained that the documents are ones that we have been working with all along, and they have been grouped together for the purpose of the public hearing. Ms. Arp indicated that she would have appreciated the opportunity to go through them prior to this meeting. Mr. Bieter explained that the only way to get these documents into record is now. Ms. Arp expressed concern and that she prefers to be prepared. Gene Peterson of RH2 gave a staff report on J-Ditch—the history, process and purpose. He gave dates of postings, hearings, etc. He entered records of mailings into record. He listed the eleven criteria of applicability that is specified in code. Mr. Peterson explained that the CUP has been filed, and that it should be granted. Mr. Bieter asked that the document be read and entered into record. Minutes - May 1, 1999.doc Page 5 of 8 Public Hearing, CUP Mr. Eimers began the Public Hearing on the CUP at 11:34 a.m. Dean Martens asked if questions could be asked of the agencies at the beginning of the public hearing. The request was denied. The following individuals spoke in the public hearing: • Mike Barton, 928 Valley Rim Rd. (letter submitted as Exhibit 32) • Richard A. Porter, 1078 Ridge Rd. • Steve Milleman Asked the Council to clarify/reiterate prior comments on Bezates site. Ms. Buxton objected, stating this was not a cross-examination. She advised the Council they had no obligation to respond. Mr. Eimers asked Ms. Buxton if she thinks he should respond, and she replied, "no." Ms. Buxton explained it was appropriate for Mr. Eimers to review, but not respond. Mr. Milleman made a presentation of the exhibits he was entering into record. Mr. Eimers moved to break for lunch at 12:30 p.m. for 1 hour. Mr. Muller seconded and the motion carried unanimously. The hearing reconvened at 2:10 p.m. The following individuals spoke at the hearing: • Rand Walker, 905 Davis St. • Ray Alford, 1129 W. Valley Rd. (submitted a letter to record) • Marjorie Erlebach, 906 Valley Rim Rd. • Bill Erlebach, 906 Valley Rim Rd. • Christopher Seubert, 1121 Chad Dr. • Steve Bixby, 290 Wisdom Rd. • Tom Haynes, 338 Carmen Dr. • Julie Eddins, 1004 W. Lake St. • Rory Bean, 280 Wisdom Rd. • Larry Moody, 115 Coy Rd., no comment • Roz Campbell, 979 Valley View Lane • John Campbell, 979 Valley View Lane • Hobie Alter, 942 Valley Rim Rd. • Teresa Bixby, 290 Wisdom Rd. • Jean Odmark, PO Box 238 • Don Green, PO Box 342 • Dean Martens, 331 Cece Way • Peggy Clemmer, 227 Rio Vista • Ann Edwards, 109 W. Lake St. • Carol Fider, 922 Valley View Rd. • Ron Lemon, 757 Chad Loop • Eloris Chisholm, 482 Boydstun • Richard A. Porter, 1078 Ridge Rd. Minutes - May 1, 1999.doc Page 6 of 8 • Matt Edwards, 482 Boydstun Mr. Eimers asked the Council if they wanted a 15 minute recess and then staff may prepare a rebuttal. Ms. Buxton suggested the Council take questions and ask them of the agencies. Mr. Bieter clarified that the rebuttal should take place first, and questions could then be asked. A 5 minute recess was taken at 4:02 p.m. The meeting was reconvened at 4:09 p.m. Ms. Arp opened up the meeting by asking some questions of the engineers. Mr. Eimers followed up on some of these questions with Larry Peterson from DEQ. The discussion continued regarding groundwater monitoring, Williams Creek drainage, design criteria, algae/insecticide effects, spray on golfers, dam stability and slopes, flood flow path, failure probabilities, operational plans, permitting, costs and funding sources, mitigation, storage capacities and requirements, and wastewater impoundment. Questions were asked by Council to the engineers (Rick Harbert, Rick Ballard, and Gene Peterson), DEQ (Steve West and Larry Peterson), and IDWR (Dave Hollingshead). Steve Milleman asked if the public was allowed to ask agencies their own questions. Ms. Buxton cautioned the Council to not allow this, and suggested a 5 minute break. A recess was taken at 6:06 p.m., and the meeting was reconvened at 6:16 p.m. The Council had more questions that were submitted by the public. Ms. Arp asked Mr. Hollingshead what his assessment of risk of the Bezates site was. He defined it as a high risk with residents living nearby. Other questions were asked of the engineers, IDWR and DEQ. The public hearing closed at 7 p.m. Deliberations Mr. Muller began the deliberations by reflecting on the day and the whole process that has been involved up to this point. Mr. Muller then made a motion to approve the CUP based upon the evidence presented on the 11 criteria which have been satisfactorily met, and with a condition that we have the NEPA approval for going ahead on the Bezates property, and a condition on holding at least one meeting with M Resorts for review of mitigation concepts with the City, DEQ, BOR, and the contractors selected. Direct the staff to prepare findings and conclusions consistent with our decision for approval on May 5. Mr. Eimers seconded. Mr. Eimers also reflected upon the project from the prior year and up to this point. He addressed certain questions that were brought up throughout the day. Minutes - May 1, 1999.doc Page 7 of 8 Ms. Arp expressed her views on the process that has occurred up to this point, and that she felt in order to comply with code, the Council needed to review all 11 issues and see if we meet them. More discussion took place, and at a roll call vote, Mr. Muller and Mr. Eimers voted "aye" and Ms. Arp voted "nay." The motion carried. 1Adjournment 1 Without further business, Mr. Eimers moved to adjourn. Mr. Muller seconded and the motion carried unanimously. The Council adjourned at 7:44 p.m. ATTEST: Kirk Eimers, Mayor Cherry Woodbu , City Cler (Minutes taken b helsi Sholty, Assistant to City Manager) Minutes - May 1, 1999.doc Page 8 of 8