HomeMy Public PortalAboutCouncil 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
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