HomeMy Public PortalAboutCouncil 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
" M a t t E d w a r d s , 4 8 2 B o y d s t u n
M r . E i m e r s a s k e d t h e C o u n c i l i f t h e y w a n t e d a 1 5 m i n u t e r e c e s s a n d t h e n s t a f f m a y
p r e p a r e a r e b u t t a l . M s . B u x t o n s u g g e s t e d t h e C o u n c i l t a k e q u e s t i o n s a n d a s k t h e m o f
t h e a g e n c i e s . M r . B i e t e r c l a r i f i e d t h a t t h e r e b u t t a l s h o u l d t a k e p l a c e f i r s t , a n d q u e s t i o n s
c o u l d t h e n b e a s k e d . A 5 m i n u t e r e c e s s w a s t a k e n a t 4 : 0 2 p . m . T h e m e e t i n g w a s
r e c o n v e n e d a t 4 : 0 9 p . m .
M s . A r p o p e n e d u p t h e m e e t i n g b y a s k i n g s o m e q u e s t i o n s o f t h e e n g i n e e r s . M r .
E i m e r s f o l l o w e d u p o n s o m e o f t h e s e q u e s t i o n s w i t h L a r r y P e t e r s o n f r o m D E Q . T h e
d i s c u s s i o n c o n t i n u e d r e g a r d i n g g r o u n d w a t e r m o n i t o r i n g , W i l l i a m s C r e e k d r a i n a g e ,
d e s i g n c r i t e r i a , a l g a e / i n s e c t i c i d e e f f e c t s , s p r a y o n g o l f e r s , d a m s t a b i l i t y a n d s l o p e s ,
f l o o d f l o w p a t h , f a i l u r e p r o b a b i l i t i e s , o p e r a t i o n a l p l a n s , p e r m i t t i n g , c o s t s a n d f u n d i n g
s o u r c e s , m i t i g a t i o n , s t o r a g e c a p a c i t i e s a n d r e q u i r e m e n t s , a n d w a s t e w a t e r
i m p o u n d m e n t . Q u e s t i o n s w e r e a s k e d b y C o u n c i l t o t h e e n g i n e e r s ( R i c k H a r b e r t , R i c k
B a l l a r d , a n d G e n e P e t e r s o n ) , D E Q ( S t e v e W e s t a n d L a r r y P e t e r s o n ) , a n d I D W R ( D a v e
H o l l i n g s h e a d ) .
S t e v e M i l l e m a n a s k e d i f t h e p u b l i c w a s a l l o w e d t o a s k a g e n c i e s t h e i r o w n q u e s t i o n s .
M s . B u x t o n c a u t i o n e d t h e C o u n c i l t o n o t a l l o w t h i s , a n d s u g g e s t e d a 5 m i n u t e b r e a k . A
r e c e s s w a s t a k e n a t 6 : 0 6 p . m . , a n d t h e m e e t i n g w a s r e c o n v e n e d a t 6 : 1 6 p . m .
T h e C o u n c i l h a d m o r e q u e s t i o n s t h a t w e r e s u b m i t t e d b y t h e p u b l i c . M s . A r p a s k e d M r .
H o l l i n g s h e a d w h a t h i s a s s e s s m e n t o f r i s k o f t h e B e z a t e s s i t e w a s . H e d e f i n e d i t a s a
h i g h r i s k w i t h r e s i d e n t s l i v i n g n e a r b y . O t h e r q u e s t i o n s w e r e a s k e d o f t h e e n g i n e e r s ,
I D W R a n d D E Q .
T h e p u b l i c h e a r i n g c l o s e d a t 7 p . m .
D e l i b e r a t i o n s
M r . M u l l e r b e g a n t h e d e l i b e r a t i o n s b y r e f l e c t i n g o n t h e d a y a n d t h e w h o l e p r o c e s s t h a t
h a s b e e n i n v o l v e d u p t o t h i s p o i n t .
M r . M u l l e r t h e n m a d e a m o t i o n t o a p p r o v e t h e C U P b a s e d u p o n t h e e v i d e n c e p r e s e n t e d
o n t h e 1 1 c r i t e r i a w h i c h h a v e b e e n s a t i s f a c t o r i l y m e t , a n d w i t h a c o n d i t i o n t h a t w e h a v e
t h e N E P A a p p r o v a l f o r g o i n g a h e a d o n t h e B e z a t e s p r o p e r t y , a n d a c o n d i t i o n o n
h o l d i n g a t l e a s t o n e m e e t i n g w i t h M R e s o r t s f o r r e v i e w o f m i t i g a t i o n c o n c e p t s w i t h t h e
C i t y , D E Q , B O R , a n d t h e c o n t r a c t o r s s e l e c t e d . D i r e c t t h e s t a f f t o p r e p a r e f i n d i n g s a n d
c o n c l u s i o n s c o n s i s t e n t w i t h o u r d e c i s i o n f o r a p p r o v a l o n M a y 5 .
M r . E i m e r s s e c o n d e d . M r . E i m e r s a l s o r e f l e c t e d u p o n t h e p r o j e c t f r o m t h e p r i o r y e a r
a n d u p t o t h i s p o i n t . H e a d d r e s s e d c e r t a i n q u e s t i o n s t h a t w e r e b r o u g h t u p t h r o u g h o u t
t h e d a y .
M i n u t e s - M a y 1 , 1 9 9 9 . d o c
P a g e 7 o f 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