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Council Minutes 1999 12/09MINUTES McCall City Council Regular Meeting, Thursday, December 9, 1999 Table of Contents Call To Order and Roll Call Public Hearing Public Comments Consent Agenda Business Reports Executive Session Adjournment Page 1 of 13 December 9, 1999 City Council Minutes CALL TO ORDER AND ROLL CALL The regular meeting of the McCall City Council was called to order by Mayor Eimers at 7:05PM. Ms. Arp, Mr. Colton, Mr. Eimers, Mr. Muller and Mr. Venable answered roll call. A quorum was present. City staff members present were Acting City Manager/City Planner Lindley Kirkpatrick and Acting City Clerk Cathleen Koch. CONSENT AGENDA The following items were listed on the consent agenda: • Minutes of November 10, 1999 Meeting • Minutes of November 17, 1999 Meeting • Minutes of November 24, 1999 Meeting • Minutes of December 2, 1999 Public Hearing • Resolution 11-99 • Resolution 13-99 • Invoice Approval List Dated 12/6/99 • Payroll Report Dated 11 /5/99 • Payroll Report Dated 11 /19/99 There were corrections to the November 10, 1999 minutes and the November 17, 1999 minutes. Mayor Eimers asked Ashley Royal about the cell phone bill for the Police Department. Mr. Royal said that an entry had been made twice causing the amounts to be doubled. The correction had already been made. Mr. Colton moved to approve the Consent Agenda. Mr. Muller seconded. All council members voted aye. The motion carried. PUBLIC COMMENT The Mayor called for public comment. The following were heard: • Glenn Gore stated that the American Legion is trying to create a City Flag as a memorial for deceased veterans. It will include all veterans' names that were killed or missing in action. The cost will be $10,000. The American Legion already has $1,000. Mr. Gore requested support for the City Flag. Page 2 of 13 December 9, 1999 City Council Minutes • Glenn Gore serves on the Valley County Waterways Board. He said that last year the board placed portable toilets in the City of McCall, along the Payette River. The board has set money aside for the coming year, but the City of McCall needs to submit a request if they want the toilets again. Council directed staff to prepare a letter to the Valley County Waterways Board requesting the toilets for the coming year. PUBLIC HEARING - 7:20PM AB 99-124 Continuation of Public Hearing for a Rezoning Request Lindley Kirkpatrick summarized what took place at the previous hearings that were held with the Planning and Zoning Commission and with City Council. Since the last meeting, the City received four letters of opposition. Janet Zandersmith requested that her letter be read as testimony at the Public Hearing and Mr. Kirkpatrick did so. Mr. Kirkpatrick stated that a substantially revised development agreement had been submitted. The application and development agreements were modified to include only the Medleys parcel. Lindley stated that Dave Bieter had read and approved the agreement. He then went on to summarize the specific changes to the development agreement, as follows: 1. Item 1 allows the current uses of the Central Business District plus rental facilities, including contractor rental yards as Permitted Uses. Mayor Eimers asked if that implies that a use similar to A-1 Storage is allowed. Mr. Kirkpatrick said that the language could be more specific. 2. Item 3 specifically excludes all General Commercial Uses not allowed in items 1 and 2 of the agreement. 3. Item 4 defines a contractor rental yard, including a new maximum weight limit. Mr. Kirkpatrick recommended that the maximum weight be reduced from 30,000 pounds to 18,000 pounds. He also gave examples of weight for different pieces of equipment. 4. Item 5 allows 2 different options for the operation of the rental facility. The operation will be inside the current Medley Sports Building or in a covered and at least three - sided building. If the building is three -sided, it must be screened to the City Manager and Planning Administrator's satisfaction. 5. Item 6 also addresses screening of the building, which would need to meet the City Manager and Planning Administrator's satisfaction. 6. Item 7 limits the hours of operation to between 7AM and 7PM if the facility is not located in the building. Mayor Eimers asked what the hours of operation were when the Planning and Zoning hearings were held. Mr. Kirkpatrick said that they were proposed to be from 6AM to 10PM. Page 3 of 13 December 9, 1999 City Council Minutes 7. Item 8 states that any modifications or termination of the agreement must be approved by both the Planning & Zoning Commission and the City Council, following Public Hearings. 8. Item 9 binds all future owners of the property to the terms of the agreement. 9. Item 10 says that all other McCall City Codes apply to the property. 10.Item 11 states that Medley's is not giving up any property rights that they currently have except as modified in the agreement. Marilyn Arp asked if there were any non -conforming uses on the Medley's property. Mr. Kirkpatrick said that he did not know of any non -conforming uses, but that he had not investigated the issue. Mr. Millemann stated that the storage units were not conforming. Mayor Eimers asked if they could build storage units. Mr. Kirkpatrick said that the agreement precludes the construction of any more self -storage rental units. Mr. Muller gave a list of things he would like to see changed. 1. In Items 5 and 6 he would like the City Manager/Planner satisfaction changed to include the Council Members. 2. In Item 5 he would also like to see it say the building will be four-sided and enclosed. 3. In Item 6 Mr. Muller wants the landscaping to be more specific. He would like to see some drawings of the owners' intentions. 4. Mr. Muller asked what would happen to the other 1 plus acre that Medley's owns. Dave Bieter, City Attorney arrived at the hearing. Steve Millemann, representing Don and Christine Baldwin, owners of the building, addressed the Council. He stated that this was the fourth night of public hearings. The development agreement presented addressed every concern that had been brought up at the previous hearings. Mr. Millemann then went on to explain the differences in the agreement that Mr. Kirkpatrick had addressed and why the application should be approved. • The original application included the Medleys property and three other properties. Now, it only includes the Medleys property. • There would not be any more storage units built. • The building will be covered and screened from Park and 3rd Street. • To Mr. Millemann's knowledge, the only nonconforming issue on the property is the storage units. He stated that the agreement could include language that says no storage units could be built. • The Transportation Committee found no significant issues. • Mr. Millemann stated that the development agreement should be approved for the rezone because the property will look better and the business will be expanded. • A typical backhoe is approximately 17,300 to 17,400 pounds without the trailer. • The building will be enclosed and screened to the residential area. • 90 percent of what Medley's wants to rent includes chain saws and wood splitters. Page 4 of 13 December 9, 1999 City Council Minutes • The building must be screened to the City's satisfaction. The applicant bears the burden of satisfying the City. • The hours of operation have been reduced compared to what was originally proposed. • The Public Hearing process defined in the City Code is the only way to modify the agreement. • Medley's will retain their current rights. • Mr. Millemann mentioned Ms. Zandersmith's letter and stated that the agreement addressed all of her concerns. • Mr. Millemann believes that the agreement is consistent with the Downtown Master Plan. • The City Council can be added as an entity instead of just the City Manager and City Planner in the approval process. • The parking lot was not included in the agreement because it is jointly owned with two other businesses. Scott Findlay, McCall resident, spoke about the conceptual plan of Legacy Park. He said that the park does not look like what was proposed, but it is awfully nice. Mr. Muller stated that even though Legacy Park looks nice, it is missing things. Mayor Eimers asked if the building had to be screened specifically from Park and 3'd Streets, not Samson Trail. Mr. Millemann said that it must be screened from Park and 3'd Streets and that there must be berming and landscaping. Dottie Moore, McCall resident, said that McCall is beautiful and she did not want to ruin it. She stated that under the Central Business District there couldn't be a rental yard. Ms. Moore said that in five years there could be a backhoe out in the yard. Myron Dan Gabbert, representing McCall Rentals, stated that he was attending to voice his opposition to the rezone. He had several points to address. • Mr. Gabbert said that he felt that this proposal may be spot zoning. He referred to a case in Sun Valley which defined spot zoning as providing a benefit to only one property owner, as is the case here. • Mr. Gabbert stated that Mr. Millemann's comments about Ms. Vandersmith's letter only lessen her burden. It would not be pleasing for a backhoe to be started early in the morning. • Pictures were presented of contractors rental yards. Mr. Gabbert said that the pictures show where the equipment is and an open three -sided building. • Myron Gabbert said that he spoke to Tom Kerr who felt that once the agreement was in place, it would not be enforced. Ben Morley, McCall resident, said that it doesn't matter what is done, Medley's will still be a rental yard. He said that he is a contractor and the rental yard is needed, but not where it is being proposed. Page 5 of 13 December 9, 1999 City Council Minutes Allana Shoemaker, McCall resident, stated that Medley's might do a good job with a three -sided building, but she wanted the other rental yards taken into consideration. She was concerned about traffic problems, being woken up by noise from the equipment and what was going to be washed into the sewer. Steve Findlay, McCall resident, said that he was amazed at the comments from people. Mr. Findlay said that he has confidence in the rezone improving the downtown area. He stated that a parking garage is in the plan for Downtown. If traffic is an issue, then the parking garage needs to be revisited. He also stated that a backhoe can be parked for snow removal and it's not an issue. He felt that just because one rental yard does not show well, it doesn't mean that another won't show well. Dottie Moore, McCall resident, said that the Industrial Area was put aside for storage and rental facilities. Steve Millemann readdressed the concerns. • He said that the rezone is not a spot zone. • The agreement guarantees it won't be like the existing rental yard. • If the community's position is that nobody will enforce agreements, then time has been wasted. Mayor Eimers asked about equipment being put out on the street. Mr. Millemann said that the equipment on the street is prohibited by the agreement. Ralph Colton asked how many backhoes they were considering. Mr. Millemann said probably one because it doesn't make since to have a fleet of backhoes. Mr. Venable asked if Medley's had considered another location to put the rental facility. Mr. Millemann said that there are other places to put the facility. There were no additional public comments. The Public Hearing was closed at 8:50PM. Ralph Colton asked Mr. Kirkpatrick to spell out the Council's options. Mr. Kirkpatrick gave four options: 1. Either approve or deny the development agreement as presented. 2. Modifications could be made to the development agreement, including those proposed during the Public Hearing. If the modifications were simple, they could be agreed to immediately. 3. Direct staff to continue to negotiate issues raised during the Public Hearing. 4. Continue the hearing to a date certain to allow time to gather more facts. Page 6 of 13 December 9, 1999 City Council Minutes In response to questions from the Council, Mr. Bieter said that there may be a challenge based on a spot zoning claim, but he did not believe a challenge would prevail. Mr. Bieter had not had a chance to research the issue. Marilyn Arp said that the 30,000-pound weight limit had horrified her because she understood that Medley's wanted to rent only small equipment. She said that a pickup is 8,000 pounds. She asked if a contractor rental yard was wanted. She felt that there was a difference in the ambiance of snowmobiles versus backhoes. Ray Venable stated that the agreement sounded as if it was spot zoning and that he wanted the issue clarified before the Council makes a decision. Allan Muller declared that heavy equipment was not a concern to him even though his residence is close to the area. Mr. Muller said that he never hears the City's equipment. The noise problem is easy to deal with, but he is concerned about the view and the ambiance. Mr. Muller said that the pictures Mr. Gabbert presented had some bad looking buildings. Mr. Muller would like to see Mr. Baldwin's proposed new construction. Mr. Muller would feel more comfortable knowing whether the building will be 3 or 4-sided. He stated that he doesn't want decisions in the agreement left up to just the City Manager and Planner. Mayor Eimers felt that the issues were the appearance and traffic from Medley's. Allan Muller stated that traffic will increase, but how much is not known. Ralph Colton said that "contractor rental yard" is not explicit. He thought that the use would not be significantly different from what Medleys was doing now. Marilyn Arp said that she disagreed with Mr. Colton's statement. She thought that there would be a significant difference because it would no longer be a small rental facility. Allan Muller said that he thought they would be renting mostly small equipment, like chain saws, which they could rent now. Mr. Venable expressed his concerns over the way contractor rental yard and the permitted uses of the property were defined. He stated that he is not comfortable with the proposal. Ms. Arp stated that the problem was the whole issue of the rezone. She asked where it would end. Ralph Colton said that it is important that City Council approve the screening and landscaping plans. Allan Muller felt that he needed to see an elevation view of the proposed building and landscaping. Mayor Eimers recognized Mr. Millemann to address the Council's concerns. Mr. Millemann stated that changes could be made to the agreement to include City Council and an exhibit illustrating a conceptual building design. Page 7 of 13 December 9, 1999 City Council Minutes Mayor Eimers recognized Allana Shoemaker for additional comments. She stated that she still believed there were problems with the rezoning and again expressed her objection to changing the zoning after the new owners had purchased the property. Mayor Eimers stated that he understood that the Baldwin's purchased the property while the rezoning was under review. Marilyn Arp asked what development standards would apply. Mr. Kirkpatrick said that the General Commercial standards would apply. Ralph Colton moved to accept the development agreement with the changes indicated in items 5 and 6 to include City Council in beautification issues and an appendix with conceptual drawings of the building and landscaping with the weight limit for equipment at 18,000 pounds. Allan Muller seconded the motion. After a short discussion, Ralph Colton withdrew the motion; Mr. Muller agreed. Allan Muller moved to direct staff to draft a development agreement for the next City Council meeting with changes to items l b, 4, 5b, 6, and 7, reflecting the Council's discussion; to include an elevation -view of the proposed building and landscaping; and to include the provision that City Council approve the landscaping and screening plans. Ralph Colton seconded the motion. Marilyn Arp expressed her concern with the rezoning and stated she believes that a good precedent is not being set. Ray Venable agreed and stated that it doesn't seem right for the City of McCall. He stated that changing the zoning and setting a precedent was bad. He also said that the property was bought with the current zoning. Mayor Eimers said that the key part of the agreement is in the exhibit. As long as it adds to the appearance, it is okay. Mayor Eimers, Mr. Colton, and Mr. Muller voted aye. Ms. Arp and Mr. Venable voted nay. The motion carried. At 9:35PM City Council recessed. The meeting reconvened at 9:50PM. PUBLIC COMMENT At 9:50PM the public comment section was reopened and then closed due to no further comments. Page 8of13 December 9, 1999 City Council Minutes BUSINESS AB 99-127 Ice Rink Application Karl Augustine, Grant Administrator from IDA-ORE, presented the ice rink application. He said that more information is available daily, such as more detailed cost estimates. A few documents still need to be added to the application, but the draft copy is ready. The application requests $180,000 from grant funds for site development. Mr. Augustine stated that Steven Crook will be heading up the fundraising efforts for the project. Mr. Augustine asked for approval for the Mayor to sign the application. Ralph Colton moved to authorize the Mayor to sign the ICDBG application and for Mr. Augustine to submit the ICDBG application. Allan Muller seconded the motion. All council members voted aye. The motion carried. Allan Muller asked if parking had been addressed. Karl Augustine confirmed that it had not been addressed. Mr. Kirkpatrick stated that the Planning and Zoning Commission had discussed the issue. Mayor Eimers thanked Mr. Augustine for his work. AB 99-129 Request for Funds & Change Order #3 Mr. Kirkpatrick presented a change order for the downtown project for an additional $1,920.25. The change order includes: 1. retaining wall by My Fathers Place 2. additional wiring due to the relocation of a pedestal in McCall Community Park 3. adjustment of water valves and the installation of a concrete collar where additional pavement was removed In addition, the agenda bill includes a pay request in the amount of $117,646.34, to be paid from ITD and Block Grant funds. Marilyn Arp moved to approve change order #3. Allan Muller seconded the motion. All council members voted aye. The motion carried. Page 9 of 13 December 9, 1999 City Council Minutes Allan Muller moved to approve the payment for the McCall Downtown Revitalization Project for $117,646.34 and authorize the Mayor to sign the pay request. Mayor Eimers seconded the motion. All council members voted aye. The motion carried. AB 99-128 Certificate of Substantial Completion Mr. Kirkpatrick presented the Certificate of Substantial Completion for the downtown project. He explained that the date for substantial completion was changed to December 6, 1999. There is a punch list of items to be completed in the spring. Allan Muller moved to approve the Certificate of Substantial Completion and authorize the Mayor to sign. Ralph Colton seconded the motion. All council members voted aye. The motion carried. In response to questions from the Council, Mr. Kirkpatrick gave a report on additional ITD work to be done in the downtown. He explained that ITD has agreed to fund the construction of turn bay on 3' Street, at Park Street, for $160,000. The funding will include construction, widening of the road, lighting, curbs, and sidewalks. Mr. Kirkpatrick stated that a request to amend the contract with Boise Paving for the turn bay construction and possibly a water line on 3rd Street would be presented to the Council at a later date. He stated that the water line will need to be paid for by the City, but that Bill Keating thinks that the money can be found in the budget. AB 99-130 Year 2000 Alcohol Beverage Licenses Cathleen Koch requested that the alcohol beverage licenses included in the City Council packet be approved. The licenses that have not been signed by the Chief of Police should be approved contingent upon his approval. Marilyn Arp moved to approve and authorize the Acting City Clerk to issue the Alcohol Beverage Licenses for the Year 2000, contingent upon Chief Wolf's approval. Mayor Eimers seconded the motion. All council members voted aye. The motion carried. City Council decided to cancel the meeting scheduled for December 23, 1999. The next meeting will be held December 30, 1999 at noon. AB 99-131 Resolution 12-99 Mr. Kirkpatrick presented Resolution 12-99. He stated that the Lions Club would like to sell fireworks around New Year's Eve. The City Code does not allow the sale, private possession or use of fireworks at this time of year. The resolution would allow fireworks to be sold one time for the Millennium celebration. Page 10 of 13 December 9, 1999 City Council Minutes Fire Chief Dale Points stated that he doesn't have a problem working with people if it's within the law and expressed his support for the resolution. Chief Points stated that he does not support any extension of the fireworks sales and use period in July. Mayor Eimers moved to approve Resolution 12-99. Ralph Colton seconded the motion. All council members voted aye. The motion carried. AB 99-132 Authority to Negotiate for a Project Manager Mayor Eimers stated that the J Ditch Project Manager selection committee has reviewed resumes from 16 applicants and selected four candidates for interviews. He stated that the selection committee members are himself, Allan Muller, Lindley Kirkpatrick, Scott Findlay and Mike Anderson. The four finalists are Paul Levihn, Gregory Mayer, Ralph Kangas, and Richard Rask. Council requested that staff inform Kirby Vickers, of JUB, and Ted Whiteman, of the Payette Lakes Water & Sewer District, who the top candidates are. Mayor Eimers moved to grant the J Ditch Project Manager Selection Committee the authority to negotiate a contract, to be brought to the next City Council Meeting. Allan Muller seconded the motion. Mayor Eimers, Mr. Muller, Ms. Arp and Mr. Venable voted aye. Mr. Colton abstained. The motion carried. REPORTS Acting City Manager & City Planner —Lindley Kirkpatrick • The City Manager recruiting ads started in 6 regional papers, on web sites and in Idaho Job Service. The closing date is February 15, 2000. Mr. Kirkpatrick will check to see if the position can be posted in ICMA. There have also been ads for the Citizens Committee in the newspaper. • There are 2 vacancies within City Hall. Racquel Thackeray, in Finance, and Willie Hardin, in facilities maintenance, have both resigned. • The City of McCall has a GEM Committee that has been inactive. Mr. Kirkpatrick will send a letter to the Department of Commerce to pursue reactivating the committee. City Attorney —Dave Bieter • The business license Ordinance is being drafted. Mr. peddler/hawker, pawnbrokers, and beer, liquor and wine Bieter assumes that the licenses will remain in the Page 11 of 13 December 9, 1999 City Council Minutes code. He will prepare an Ordinance repealing the other licenses that are no longer valid. Chief of Police —Steve Wolf • Marilyn Arp asked if the policy for snowmobiles had been advertised. Mr. Wolf said that it had not, but he would see what had been done in the past. Acting City Clerk —Cathleen Koch • A liquor -catering permit for Lardo's Grill and Saloon has been approved. City Council —Marilyn Arp • Wanted to know about Bonni Shikrallah's position as a grant coordinator. Ms. Arp thought that the position was supposed to be a contract position, as approved in the budget, and not an employee of the City of McCall. Mr. Kirkpatrick said that Ms. Shikrallah was hired as a permanent part-time employee. Her role is to identify sources of grants and work with funding agencies, but may vary depending on the issue. Ms. Arp asked if the City pays travel expenses. Mr. Kirkpatrick said that they are paid like any other employee, but her location in Boise is a benefit because most of the agencies she works with are in Boise. Mr. Kirkpatrick also explained that Ms. Shikrallah is on 6 months of probation. City Council —Ralph Colton • Will discuss pending litigation in executive session. City Council —Allan Muller • Would like to get moving on employee savings and incentives. It has been put off for 2 years. He would like staff to check with IEC and the AIC to see if they have a program that we can duplicate. City Council —Ray Venable • No comment. City Council —Mayor Eimers • No comment. Page 12 of 13 December 9, 1999 City Council Minutes EXECUTIVE SESSION At 10:55PM Allan Muller moved to go into executive session per Idaho Code 67- 2345(f) to consider pending litigation and 67-2345(b) to consider a personnel matter. Mayor Eimers seconded the motion. At a roll call vote Mayor Eimers, Mr. Muller, Mr. Colton, Ms. Arp and Mr. Venable voted aye. The motion carried. The discussion included a personnel issue and pending litigation. At 12:15 PM Mayor Eimers moved to come out of executive session. Mr. Muller seconded the motion. At a roll call vote Mayor Eimers, Mr. Colton, Mr. Muller, Ms. Arp and Mr. Venable voted aye. The motion carried. Mayor Eimers moved to instruct Ralph Colton to continue and finalize negotiations with Bezates and Seubert, by the end of the year if possible, based on the numbers previously discussed. Mr. Muller seconded the motion. All council members voted aye. The motion carried. ADJOURNMENT Without further business, Mayor Eimers moved to adjourn. Mr. Muller seconded and the motion carried unanimously. The Council adjournel at 12:20PM. Kirk Eimers, Mayor ATTEST: c/.6(J Cathleen Koch, Acting City Clerk Page 13 of 13 December 9, 1999 City Council Minutes