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Council Minutes 1999 11/17CITY OF MCCALL MINUTES Regular Meeting City of McCall November 17, 1999 Table of Contents Call To Order and Roll Call Public Comment Consent Agenda Public Hearing Business Reports Executive Session Adjournment Page 1 of 11 MINUTES Call To Order The regular meeting of the McCall City Council was called to order by President of the Council Allan Muller at 7:OOpm. Ms. Arp, Mr. Colton, Mr. Muller and Mr. Venable answered roll call. A quorum was present. City staff members present were City Manager Bill Robertson, City Attorney Dave Bieter, and Deputy City Clerk Cathleen Koch. Public Comment Joan Catlett, citizen of McCall, said that she had questions directed to Mr. Robertson for clarification. Ms. Catlett stated that Mr. Robertson had apparently hired the Police Chief. Ms. Catlett requested that Bill tell her about the Police Chief driving his patrol car to and from Boise for personal business. Mr. Robertson responded by saying that he only took his patrol car to go to training or the Post Academy. Joan Catlett restated her question by saying the Police Chief hasn't at any time used the patrol car for personal business? Mr. Robertson said that was correct. Ms. Catlett then asked if a background check was done on Police Chief Wolf. Bill said that it had been done. Rick Fereday, citizen of McCall, made a reminder about the local option tax. There were no other public comments. Consent Agenda There were corrections to the minutes of October 22, October 28, and November 3, 1999. Agenda Bill 99-125, ordinance 735 was added to the agenda. Mr. Colton moved to approve the consent agenda, addition to the agenda and corrections to the minutes. Ms. Arp seconded the motion. All council members voted aye. The motion carried. Page 2 of 11 Public Hearing AB 99-124 Zoning Map Amendment Lindley Kirkpatrick explained that a rezone was being requested for the property on the corner of Park Street and Highway 55. It would be a rezone from a central business district to a general commercial district. This would allow a contractor rental yard on Medley Sports' property. The Planning and Zoning Commission had a public hearing. They received 3 letters of opposition and 3 letters of support for the rezone. Most of the letters of opposition focused on traffic impacts because the traffic and noise would increase. Mr. Kirkpatrick did state that the site is not visible from the highway. The findings and conclusions lay out what the decision is based on for the Planning and Zoning Commission. P&Z recommended that the application be denied. The Transportation Committee found no problems with the rezoning. Lindley Kirkpatrick then gave a staff report. The ownership of the property changed which does not effect the rezone. A letter of opposition signed by 24 individuals opposing the rezone is included in the packet. There is room for an addition to the existing Medley's building. Mr. Kirkpatrick mentioned that there are openings on both P&Z Commissions for committee members. Public Comment Steve Millemann, representing Don and Christine Baldwin, owners of the property, said that there are 2 reasons why the rezone should be granted. 1. It creates a line between the general commercial and central business districts. 2. The work that the applicant is going to do will make the area more visibly attractive. Mr. Millemann went on to say that the application was prompted because the owners would like to open a rental facility. He then explained that Potter, Gore, and Allen were present at the first P&Z meeting and Ruyle was absent. Mr. Millemann said that the motion from that meeting asked that the application be submitted to the Transportation Committee for possible issues. The Transportation Committee had no concerns. Steve Millemann stated that at the following Planning and Zoning meeting on October 19, 1999 Gore, Potter and Ruyle were present and Allan was absent. Gore and Potter voted against the rezone and Ruyle abstained. The rezone was turned down. Page 3 of 11 Mr. Millemann said that the vacant property has had a proposal for a parking garage. He challenges the impact of the noise from a parking garage compared to a rental facility. Steve Millemann also believes that the rezone is consistent with the Downtown Master Plan. He presented photos from the current appearance of Medley's property. Mr. Millemann gave 3 reasons why the addition to Medley's would be important. 1. The extension of Medley's building improvement blocks the view of the Public Works department. 2. The rental yard will be under cover and closed. It won't be visible. 3. The bermed landscape area provides additional screening. Ms. Arp asked why the owners of Medley's did not try a conditional use permit. Mr. Millemann responded and said it can't be done because the zone prohibits it. Mr. Colton asked if a storage shed could be put up. Mr. Millemann said not if they were individual storage sheds. Mr. Venable asked if the building would house all of Medley's equipment. Steve Millemann said that it would house all of the equipment if that were important. Shirley Potter, Chairman of the Planning and Zoning Commission read a letter to explain the decision that was made by the commission. Ms. Potter said that Mr. Allan approved and applauded the efforts of Gore and Potter. Shirley Potter suggested that the rezoning of the property be held off until the comprehensive plan is in place. Tabitha Martineu, representing My Father's Place, said that she did not envision a rental place. She stated that who's to say in 10 years Medley's won't change hands and look like other places that are unappealing. Scott Findlay, citizen of McCall, would like to see the rezone happen. He said that usually when places change hands people spend money and make them look nicer like Hotel McCall. Mike McGee, who owns and manages a business downtown, said that he sees no reason for the rezone. The line for the central business district is as far North as it needs to be. The rezone goes against the master plan. Mr. McGee hopes that the application is denied. Steve Millemann then presented a rebuttal. He said that in court cases there is an independent review. He didn't believe that Potter and Gore should be at the Council meeting to advocate their decision. Mr. Millemann suggested that the Council require a development agreement with binding conditions. Page 4 of 11 Ms. Arp asked what could be done about the noise like a backhoe being started. Mr. Millemann said that the covering, landscaping and the distance to the residential neighborhoods would help with the noise level. Very large equipment is excluded. The majority of what would be rented wouldn't be that noisy. Rick Fereday, citizen of McCall, asked Mr. Millemann to clarify what cover means. Is it 3 or 4 sided or an enclosed building? Mr. Millemann said that it could be addressed in the development agreement. The public comment section was closed. Mr. Muller wondered if the rezoning was not granted, would it keep the owners from making the property look better. Ms. Arp is not interested in a rezone in general. Mr. Venable said that P&Z spend a lot of time on their decision and he recommends denying the rezone at this time. He said that it was important as a Council to follow the committee's recommendations. Mr. Venable also said that there is no advantage to extending the zone for the City of McCall to be farther in the downtown area. Mr. Muller believes that the City Council reserves the right to disagree with other committees. Mr. Colton asked what the options were. Mr. Millemann said that it could be approved, disapproved or remanded. Mr. Kirkpatrick said that staff could be directed to meet with the applicant and come back at another meeting. Mr. Colton said that the option would make McCall look better. The most offensive thing about the proposal is a backhoe. Mr. Colton moved to direct staff to work with the applicant to develop an agreement to bring back by the December 9, 1999 City Council meeting. Ms. Arp seconded the motion. All council members voted aye. The motion carried. A five-minute recess was taken at 8:55p.m. The meeting reconvened at 9:00p.m. Page 5 of 11 Public Hearing AB 99-122 Variance Request 99-3 Lindley Kirkpatrick explained that this item was a hearing about the denial of the variance request 99-3. The lot size is approximately 50 feet wide by 90 to 100 feet deep. The encroachments reduce the area that can be built on. A sewer line runs across the property. A 20 by 30 lot is left to build on. Without the variance, a 9-Y2 foot deck can be built. With the variance, a 13-'/2 foot deck can be built. Mr. Kirkpatrick mentioned that there are special requirements for hardship conditions to be met. He also stated that the nonconforming use of neighboring lands was not a valid comparison. The P&Z Commission feels that a 9-'/2 foot deck is adequate. The appeal says that it is not adequate. Bill Robertson stated that what is currently there can be built until perpetuity. However, if there is any change in the shape or form there must be conformance with the 50-foot setback requirement. Public Comment David Landon, co-owner of the property, explained that he and his sister received the property from his grandmother who purchased it in 1944. Mr. Landon knew that eventually some of the logs on the home would fail because the house was built in the 1940's. He would like to square up the house when the logs are replaced. Mr. Landon explained that the difference in 9-Y2 feet opposed to 13-%2 feet is safety. He also stated that he felt he had a hardship because of the size of the lot. The road encroaches within 6 feet of the back door of his home. Mr. Landon requested that the Council consider a 1/3 encroachment of the 50-foot setback. Ralph Colton asked what the drop off was from the deck. Mr. Landon said it was about 3 %2 to 4 feet. The public comment section was closed. Marilyn Arp said that she was sympathetic to the owners, but what about the next person who had a big family and felt that they also had a hardship. Ms. Arp suggested a rectangle table or safety wire to make the deck safe. Ralph Colton asked if it was possible to landscape the area on the ground. He thought that there might be other ways to accomplish what Mr. Landon was asking for. Page 6 of 11 Allan Muller wanted to take into consideration that the road encroachment might have had an impact on where the house was placed. Marilyn Arp said that she was not sure that the road encroachment could be considered. Ms. Arp said that the variance was being requested because of the extension of the house. Mr. Venable said that he agreed with Ms. Arp. Ms. Arp moved to adopt the finding and conclusions of the Impact Planning and Zoning Commission of the denial on the variance for Mr. Landon's property. Mr. Venable seconded the motion. Mr. Muller restated that he believed the road encroachment was a problem. All council members voted aye. The motion carried. Business AB 99-121 Variance Request 99-3 Mr. Kirkpatrick explained that this portion of the variance request would square up the cabin. The 1000 square foot 2 bedroom cabin would become an 1100 square foot 3 bedroom cabin. Mr. Colton moved to approve the Impact Planning and Zoning Commission's findings and conclusions to approve the variance for the side yard setback requirements. Mr. Muller seconded the motion. All council members voted aye. The motion carried. AB 99-118 Downtown Improvement Project Construction Billing Karl Augustine, IDA-ORE Community Development Planning Specialist, stated the he was requesting payment to the contractor as approved by the engineer. Mr. Colton moved for approval to authorize payment. Ms. Arp seconded the motion. Mr. Muller, Mr. Colton, Mr. Venable and Ms. Arp voted aye. The motion carried. AB 99-92 Ice Rink Project Karl Augustine, IDA-ORE Community Development Planning Specialist, said that Ron and Diane Sabala are asking for continued support on the Ice -Skating Rink project. Mr. Augustine believes that a grant application will be drafted for the December 2, 1999 public hearing on the ice rink. The application will be presented for approval at the December 9, 1999 City Council Meeting. City Council is invited to the public hearings to show their support in order to capture the public comments on record. Mr. Muller and Mr. Colton would like to attend. Page 7 of 11 Wayne Ruemmele from Network Architects presented a drawing of the ice rink. He explained that the facility will accommodate year round activities. The rink is National Hockey League size. Mr. Ruemmele received a quote from Sun Valley for their cost during the summer to run their ice rink. It runs $10,000 during the summer months. Mr. Venable asked if the ice rink was Olympic size. Mr. Ruemmele said that it is not Olympic size. No action was taken on this item. AB 99-119 Library Board Vacancies Gloria Cantrell presented the recommendations of the board to fill the library board vacancies. Ms. Cantrell said that all four candidates would have done a good job. Marilyn Summers, Mary Clemmer and Susie Reddick will remain on the board. Bill Robertson recommended supporting the boards recommendation. Mr. Colton moved to approve the appointment of Ed Hershgold and Ed Hershberger to fill the library board vacancies. Mr. Muller seconded the motion. All council members voted aye. The motion carried. Ms. Cantrell stated the library was going to bury a time capsule on November 18, 1999. AB 99-120 Police Car Auction Nancy Lockhart requested to have a sealed bid auction of the old police cars when the new vehicles are picked up. The Police Department does not want to have to store the cars until the next auction. All of the equipment on the cars will be removed. Mr. Muller moved to approve the sealed bid auction for when the vehicles are replaced. Ms. Arp seconded the motion. All council members voted aye. The motion carried. AB 99-123 Recommendation to ITD Lindley Kirkpatrick explained that the East/West Loop is in the preliminary design phase. The Transportation Advisory Committee arrived at priorities for the design, which are listed, on the agenda bill. ITD needs to hear from the City Council endorsing the priorities. Ms. Arp moved to adopt the priorities identified and provide a letter to ITD. Mr. Colton seconded the motion. All council members voted aye. The motion carried. Page 8 of 11 AB 99-126 Ordinance No. 735 Ashley Royal explained that he is trying to change code 6-4-210. The intent in the previous change was to reduce outstanding receivables, not to gain more revenue. Mr. Royal believes that the cutoff date of the 7th each month did not contribute to less receivables. He also believes that it would create more goodwill with the community to change the cutoff date back to the 10' of each month. Mr. Colton moved to suspend the rule and read the ordinance by title only and one time only. Ms. Arp seconded the motion. Ms. Arp, Mr. Venable, Mr. Muller and Mr. Colton voted aye. The motion carried. Mr. Colton moved to adopt ordinance number 735. Mr. Muller seconded the motion. Ms. Arp, Mr. Venable, Mr. Muller and Mr. Colton voted aye. The motion carried. AB 99-125 Acting City Manager Bill Robertson stated that the purpose of the agenda bill is to bring up the issue to appoint an Acting City Manager because Mr. Robertson is leaving the city. He recommended Lindley Kirkpatrick to be responsible for day to day operations of the city. Mr. Robertson also recommended that the title of City Clerk be given to the Deputy City Clerk, Cathleen Koch as Acting City Clerk. Code 1-7-040 states that an Acting City Manager needs to be appointed in the City Manager's absence. If an Acting City Manager and Acting City Clerk were appointed, then it would give Mr. Robertson time to work with the individuals. Mr. Muller stated that it would be easier for Mr. Kirkpatrick to understand and move into the position as Acting City Manager without the big projects. Mr. Colton had talked to the department heads about what they wanted from a City Manager. Most of the department heads wanted advice, not day to day business. Mr. Colton did not realize the legal ramifications of a City Manager not being appointed. Lindley Kirkpatrick stated that he had filled the roll before in Plymouth, NH. He has worn the same 2 hats before. He said that everyone's expectations have to be the same in order to stay on course and keep things functioning. Lindley said that he will consult the Council on all important decisions. Page 9 of 11 Dave Bieter explained the need for a separation of powers as required in the code 1-7- 070. The code states that the City of McCall has a specific form of government and how it should be exercised. Mr. Muller moved to approve the recommendation of Acting City Manager as Lindley Kirkpatrick with an increase to the City Manager's salary and Acting City Clerk as Cathleen Koch with a 10% salary increase until a permanent City Manager and City Clerk position is filled or until the temporary positions are terminated. Ms. Arp seconded the motion. All council members voted aye. The motion carried. Mr. Muller moved to prepare a resolution for the appointments. Mr. Colton seconded the motion. All council members voted aye. The motion carried. Reports Bill Robertson said that it had been an interesting and enjoyable experience working for the City of McCall and with the City Council. Dave Bieter said that Susan requested someone from the city attend the meeting with JUB and Mr. Seubert. Ralph Colton had been designated to attend. Ashley Royal stated that Racquel Thackeray was resigning. There would not be a replacement before she left. Cathleen Koch mentioned that there had been problems with her email. The council members may not have received the minutes due to the problems. Marilyn Arp said that she had a letter from Walt and Gloria Nourse about problems with their property. She also asked who was in charge of the Web site. Bill Robertson said that Consuelo Blake had contacted the person in charge of it for maintenance. Ralph Colton mentioned that he was having a difficult time getting with Bezates because of scheduling problems. Executive Session Mr. Muller moved to go into executive session per Idaho Code 67-2345(f) for pending litigation and Idaho Code 67-2345(b) to consider a personnel matter at 11:00p.m. Mr. Colton seconded the motion. Arp, Colton, Eimers, and Venable all voted aye. The motion carried. Page 10 of 11 Mr. Muller moved to go out of executive session at 11:50p.m. Mr. Colton seconded the motion. Arp, Colton, Eimers, and Venable all voted aye. The motion carried. A personnel matter and a procedural discussion related to Planning and Zoning issues was discussed. !Adjournment i 11:52p.m. Mr. Muller moved to adjourn. Mayor Eimers seconded the motion. All council members voted aye. The motion carried. ATTEST: Cathleen Koch, Deputy City Clerk Kirk Eimers, Mayor Page 11 of 11