HomeMy Public PortalAboutCouncil Minutes 2000 03/23MINUTES
McCall City Council
Special & Regular Meetings
Thursday, March 23, 2000
Table of Contents
Executive Session
Call To Order and Roll Call
Public Hearing
Public Comments
Consent Agenda
Business
Reports
Adjournment
Page 1 of 11
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City Council Minutes
Mayor Muller called the special meeting of the McCall City Council to order at 6:$0pm.
Ms. Arp, Mr. Muller, Mr. Eimers, and Mr. Venable answered roll call. A quorum was
present. City staff members present were Attorney Dave Bieter, Acting City
ManagedCity Planner Lindley Kirkpatrick and Acting City Clerk Cathleen Koch.
Attorney Kim Trout was available via conference call.
At 6:31pm, Mr. Eimers moved to go into executive session per Idaho Code 67-
2345(~f) to consider pending litigation. Mr. Muller seconded the motion. At a roll
call vote, Mr. Muller, Mr. Eimers, Ms. Arp and Mr. Venable voted aye. The motion
carried.
The discussion concerned pending litigation.
At 6:58pm, Mr. Eimers moved to come out of executive session. Mr. Muller
seconded the motion. At a roll call vote, Mr. Muller, Mr. Eimers, Ms. Arp and Mr.
Venable voted aye. The motion carried.
Mayor Muller called the regular meeting of the McCall City Council to order at 7:07pm.
Ms. Arp, Mr. Muller, Mr. Eimers, and Mr. Venable answered roll call. A quorum was
present. City staff members present were Attorney Dave Bieter, Acting City
Manager/City Planner Lindley Kirkpatrick and Acting City Clerk Cathleen Koch.
AB 00-25 CUP-00-'I Susan McCumber & Linda Fraser, dba The Yellow Garage
Mr. Kirkpatrick gave an update concerning the application for a neighborhood
convenience store. The City of McCall Planning and Zoning Commission's Findings
and Conclusions were presented. The Commission had recommended a second public
hearing. They also recommended that the Council approve the requested CUP and
adopt the P&Z's Findings and Conclusions as the Council's own.
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Mayor Muller opened the public hearing and asked that comments be limited to 3
minutes each.
Fred Shoemaker, attorney for the applicants, began by addressing questions about the
number of parking spaces required for the neighborhood convenience store. He stated
that 7 off-street spaces were available, including 2 spaces in the garage.
Mr. Shoemaker went on to say that he believed final approval for the operation of the
Yellow Garage was given at a previous City Council meeting. He agreed that most
people would not call the Yellow Garage a neighborhood convenience store. The
neighbors in close proximity were not voicing opposition to the CUP and the uses in the
vicinity were similar to what was being proposed. Mr. Shoemaker stated that land use
planning was not set up to listen to competitors.
Mr. Shoemaker stated that the owners of the Yellow Garage agreed to limit their hours
of operation from 10am to 6pm. They already have a house full of furniture and other
goods, with more on the way. They had been unable to open for winter carnival.
Susan McCumber, McCall, applicant for the CUP, declared that delivery trucks will
never be blocking Highway 55. An off-site storage unit has been rented to hold large
items. Ms. McCumber's personal truck will be used to move items.
Ms. McCumber stated that she acted in good faith when City Council approved the CUP
before and ordered merchandise. She believed that citizens must be able to rely on
Council's actions as the final action. Ms. McCumber stated that she was not notified
immediately when the CUP was remanded.
Ms. McCumber said that she did not mislead people directly adjacent to the property in
her application. Commercial property owners were not contacted because they were
not directly in front of or directly beside the business. Ms. McCumber addressed Mr.
Krahn and said that he was afraid of competition.
Allana Shoemaker, McCall, stated that the Yellow Garage would go well with the
downtown area. Ms. Shoemaker thought that businesses should be kept downtown.
She stated that the City Code did not have a definition for a convenience store.
Klm Clark, McCall, said that she had been in the Yellow Garage to see the inventory
and that it represents the kind of business growth that the City of McCall should
embrace. She stated that she would like the opportunity to buy from businesses within
McCall instead of in Boise or from a catalog.
Sandy Mello, McCall, said that the McCumber's are a good addition to McCall.
Ted Arnold, McCall, voiced his support for the Yellow Garage.
a welcome addition to the community.
He said that they were
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Jack Rost, McCall, stated that he had been a member of the community for 7 years.
He would like to see free enterprise continue. He stated that Ms. McCumber is an
asset to McCall.
Dan Krahn, McCall, stated that we all hold an idea in our minds of what a convenience
store is. He cited Bill's Market, Aspen Market and Maverick as examples of a
convenience store. He felt that a retail operation should be in a commercial zone or the
owners should request a rezone of the parcel in question. Mr. Krahn requested that
City Council operate in a consistent manner, referring to the restrictions imposed on the
Medley's rezone.
Mr. Krahn stated that he is not afraid of competition. There are other stores that offer
the same services, but this store should be moved to the appropriate location.
Don Gullikson, McCall, supports the Yellow Garage. He believes that it promotes
diversity and competition, which is perfect for the area.
Jim Staup, McCall, agrees with Mr. Krahn that the owners should request the property
to be rezoned to B residential. The rezoning would provide a buffer between the
commercial and residential zones.
Mr. Kirkpatrick addressed the Council and stated that the site plan submitted with the
application identifies seven parking spaces, but that the parallel parking spaces should
not be counted because they are not usable. He stated that the site plan shows four
usable spaces, plus two in the garage. The Code requires one parking space for each
250 square feet of retail floor area, allowing 1000 square feet of retail space for this
property. He stated that the building contains approximately 1,440 square feet and the
balance must be used for storage or office space.
Mr. Kirkpatrick confirmed that the CUP application and the presentations at earlier
public hearings clearly stated what products would be sold.
Mr. Kirkpatrick went on to say that the application was remanded on January 27, 2000
and he sent a letter dated January 28, 2000 notifying Ms. McCumber that it had been
remanded. He stated that any time an applicant acts on Planning and Zoning's actions
or City Council's approval before the appeal period expires, it is at the applicant's own
risk.
In response to questions from the Council, Mr. Kirkpatrick stated that rezoning the
property to B residential would not address the issue that has been presented to
Council tonight. A CUP would still be required for the proposed use.
Mayor Muller gave the applicant an opportunity to rebut the comments.
Page 4 of 11
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Mr. Shoemaker stated that the owners of the Yellow Garage would like to use the
entire 1,500 square feet for retail sales and that six parking spaces are available on the
site.
He stated that McCall City Code stipulates an appeal period should run 10 days, not 28
days.
Mr. Kirkpatrick stated that City Code establishes a 10-day appeal period for
Commission recommendations to the City Council and that State Code establishes a
28-day appeal period for final decisions by the City Council.
Mr. Bieter explained that the Council has not given the Commission the authority to
issue a binding decision. The CUP permit is not final until the 28-day appeal period is
over.
Mr. Shoemaker agreed that changing from A residential to B residential would not alter
the application.
The public hearing was closed.
Ms. Arp wanted clarification about whether the CUP runs with the land. Mr. Kirkpatrick
explained that the Commission's recommendation is that it will not run with the land. It
is limited to the Yellow Garage. A new owner would have to reapply unless they
operated exactly as the Yellow Garage. The CUP application had more limitations than
the Commission's findings and conclusions.
Mr. Eimers expressed his concern that the McCall City Code does not define a
convenience store. He assumed it was because everyone knows what a convenience
store would include. Mr. Eimers concern was that a precedent would be set and other
businesses would be able to operate as convenience stores. Mr. Bieter stated that the
Council had the liberty to interpret the code. Mr. Venable said that there are different
levels and variations of convenience stores. It's hard to define something with several
definitions.
Ms. Arp brought up the fact that the application was remanded for notice issues. The
application meets the 11 requirements as outlined in the staff report.
Mr. Bieter mentioned that every application stands on its own.
application does not bind the Council to a future decision.
Approving this
Ms. Arp moved to adopt the City of McCall Planning and Zoning Commission's
Findings and Conclusions regarding the CUP for Yellow Garage as the Council's
own, amending Conclusion 2 b to read: "This conditional use is limited to and
shall be used only for the uses described in the application permit. It is not
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City Council Minutes
intended to attach to the property. Any future lessee will have to reapply for
any~all conditional use permits." Mr. Venable seconded the motion.
Ms. Arp amended the motion to add the condition that staff needs to verify the
number of winter and summer parking spaces for 1,500 square feet of retail
space. Mr. Venable seconded the motion. At a roll call vote, Mr. Muller, Mr.
Venable, Ms. Arp and Mr. Eimers voted aye. The motion carried.
The Mayor called for public comment.
Jim Staup, McCall, voiced opposition for the business license ordinance. He pointed
out that people could go through tax records or drive up and down the streets to find out
who is operating a business.
Sondra Skinner, member of the McCall Chamber of Commerce, spoke in favor of the
business license. She stated that people are interested in finding out what businesses
exist. Businesses could be informed of new ordinances that are passed.
Dan Krahn, McCall, would like the support of the community to solve the parking issue.
Ray Alford, McCall, said that if the Chamber of Commerce needs a list of businesses,
then they should generate a list. He stated that the Yellow Pages are an excellent
source for information. Mr. Alford believes that a service should be provided for the $10
business license fee.
The following items were listed on the consent agenda:
Minutes of March 8, 2000 Meeting
· Invoice Approval List Dated March 20, 2000
· Payroll Report for Pay Period Ending February 18, 2000
· Payroll Report for Pay Period Ending March 3, 2000
Ms. Arp wanted to know what the attorney fees cover in the contract. Staff will check
the contract and bring an explanation to the next meeting.
Mr. Eimers moved to approve the Consent Agenda. Mr. Muller seconded the
motion. All council members voted aye. The motion carried.
Page 6 of 11
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AB 00-26 Local Option Tax Discussion
City Council members would like to start a Local Option Tax Committee that would look
at what was done in the past and come up with options for a local option tax. The tax
needs to be tied to something such as parking or the burial of power lines.
Rod Nielson, a member of the former committee, suggested that it be reactivated. Dan
Krahn, Rick Fereday, Bill McMurray, Brian McMahon and Mr. Nielson were all members
of the committee. Mr. Muller suggested that the committee include an accommodator.
Mr. Nielson brought up the fact that a bed and booze tax would not bring in enough
money. It is hard to enforce, audit, and collect. An occupancy tax is easier to handle.
A one percent sales tax would generate the most revenue and would be fair. The
problem with the sales tax is that it is high for large items such as buildings.
Donna Glenn, McCall, spoke in favor of the local option tax. She suggested that the
City take a poll or get a consensus for the type of tax that should be passed and what
the uses should include. Ms. Glenn asked how long it would take to get a County tax.
She was told that it would have to go to the Legislature.
Judd DeBoer, a member of Team Tomorrow, also discussed the local option tax. He
stated that it was a big money raiser. He stated that if McCall generates about one-half
of the sales tax revenue collected in Valley County, approximately $280,000 per year
could be raised from a one percent sales tax.
He stated that Team Tomorrow felt that a bed and booze tax was too limited. An
across-the-board tax would be better. Businesses just outside of the City limits would
need to be addressed. The committee also recommended putting some of the money
into economic development and diversification and the burial of power lines.
Sondra Skinner, an accommodator in McCall, spoke in favor of the local option tax.
She stated that all accommodators and property managers were in favor of a combined
tax, which included a one percent local option tax, and a 2 percent bed and booze tax.
Dan Krahn, McCall, brought the minutes from the November 13, 1997 Local Option Tax
Committee meeting. He said that it contained 3 questions that need to be addressed:
1) Should the City of McCall have a local option tax? 2) What form of local option tax
should be put on the ballot? and 3) What should the local option tax revenue be used
for? The Council added a fourth question to what they thought should be the
committee's charter: 4) What are the benefits of the local option tax?
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Council requested an ad be placed for committee members. They would like to review
applicants so that the committee does not get too large. Council would like a
presentation from the committee by the end of July.
AB 00-27 McCall Public Library - Gates Grant
Gloria Cantrell gave a handout to Council with details of the $7,209 grant that the
Library received. The grant will be used to purchase 2 workstations, software, and a
printer. It will also pay for wiring the building. The Gates Foundation will provide
maintenance, training, and updated software.
AB 00-28 McCall Big Bang Celebration 2000
Mr. Kirkpatrick presented a request for the Fourth of July Celebration just west of Hotel
McCall. The request would authorize the street closure between Hotel McCall and
Bev's Cafb and would allow a parade on Park, First, Lake and Third Streets. The other
portions of the event are still under review.
Mr. Eimers moved to approve the street closure and parade. Mr. Muller seconded
the motion. All council members voted aye. The motion carried.
AB 00-24 Road Closure for Winter Carnival 2001
Mr. Kirkpatrick stated that Hal Sager, Jane Sager, and Diane Wiegand requested the
road between Hotel McCall and Bev's Caf6 be closed again for Winter Carnival 2001.
Ms. Arp asked if the businesses had been consulted. Mr. Kirkpatrick confirmed that the
businesses were in favor of the closure.
Mr. Eimers moved to approve the road closure between Hotel McCall and Bev's
Cafe. for Winter Carnival 2001, from January 26, 2001 through February 4, 2001.
All council members voted aye. The motion carried.
AB 00-29 Janet Simmons Season Pass
Dan Pillard presented the Golf Course Advisory Committee's recommendation to
extend Mrs. Simmons season pass to the year 2000 golf season. He explained that
Mrs. Simmons contacted City Hall earlier in the week and would still like a refund
because her injury had not improved.
Mr. Eimers moved to accept the extension of the golf pass and cart fees for the golf
season 2000. Mr. Muller seconded the motion. The Council discussed Mrs. Simmons
continuing injury and Mr. Eimers withdrew his motion.
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Council remanded the decision about Janet Simmon's season pass back to the
Golf Course Advisory Committee for further deliberation, based on the additional
information provided by Mrs. Simmons.
AB 00-30 Golf Course Restaurant Management Agreement
Mr. Pillard stated that the Golf Pro contract expires December 31, 2001. He would like
to extend the Golf Course Restaurant Management Agreement to that date. It has
turned a profit every year since Mr. Pillard has been employed.
Mr. Eimers mentioned that the auditor's have said the contract puts the City at risk if we
have a bad year. Mr. Pillard said that the committee is satisfied with the services being
offered. Ms. Clemmer stated that the non-tax bond structure keeps the Golf Course in
the current structure.
Mr. Muller moved to approve and authorize the Mayor to sign the agreement. Ms.
Arp seconded the motion. At a roll call vote, Mr. Muller, Ms. Arp, Mr. Venable, and
Mr. Eimers voted aye. The motion carried.
AB 00-23 Business License Ordinance
Mr. Bieter stated the business license ordinance draft reflected the changes from the
last City Council meeting, which included a $10 fee, no renewal fee, and a fine for not
having a license.
Ms. Arp moved to suspend the rules and read by title only, the second reading of
the business license ordinance. Mr. Eimers seconded the motion. Ail council
members voted aye. The motion carried.
Mr. Bieter read the business license ordinance.
AB 00-31 VAR-00-1 McCall Ice Rink and Event Center Setback Variance
Mr. Kirkpatrick explained that the Richard Sabala Memorial Foundation has requested a
variance from the setback requirements on all four sides of the property to allow
construction of the McCall Ice Rink and Event Center and covered sidewalks within the
setback area. He stated that the complete record of the application is included in the
Council packets.
The Commission held a public hearing and determined that the application meets the
requirements for a variance. The Commission recommends that the Council approve
the requested variance.
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Mr. Eimers moved to approve the requested variance and adopt the Planning and
Zoning's Findings and Conclusions as the Council's own. Mr. Muller seconded
the motion. Ail council members voted aye. The motion carried.
AB 00-32 VAR-00-2 John Carey - Hotel McCall Setback Variance
Mr. Kirkpatrick stated that Mr. Carey has requested a variance from the setback
requirements to allow construction of an addition to the Hotel McCall and covered
sidewalks within the setback area. The new building will be connected to the Hotel at
the second level and will contain general retail space on the first floor.
The Commission held a public hearing and determined that the application meets the
requirements for a variance. The Commission recommends that the Council approve
the requested variance.
Mr. Eimers moved to approve the requested variance and adopt the Planning and
Zoning's Findings and Conclusions as the Council's own. Ms. Arp seconded the
motion. Ail council members voted aye. The motion carried.
AB 00-33 Shepherds Home Banner
Mr. Kirkpatrick stated that McCall City Code 3-24-030(D) allows "street banners
advertising public entertainment or event, if specifically approved by the Council". The
event will be held August 11, 2000. The Shepherd's Home would like to hang one
banner near Lumberman's and one by Lardo's.
Ms. Arp stated that the Chamber of Commerce had handled the banners in the past
years. Staff will address the issue with the Chamber of Commerce to decide who
should be handling requests.
Mr. Eimers moved to approve the request for street banners. Mr. Venable
seconded the motion. Ail council members voted aye. The motion carried.
Acting City Manager & City Planner - Lindley Kirkpatrick
· Provided a written report to Council.
· City Manager applicants will tour the City facilities April 3, 2000 and meet with the
department heads. There will be an open house that evening. Council will meet
after the open house to determine the interview questions. April 4, 2000 the formal
interviews will be conducted. Department heads will meet with Council at 8:30am
that morning to discuss questions or concerns.
· Money needs to be found in the budget to cover the expenses for constructing a
bike path. The IDWR grant only covers the acquisition of the property.
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City Attorney - Dave Bieter
· No report.
Acting City Clerk - Cathleen Koch
· No report.
City Councilor - Marilyn Arp
· Confirmed that there would not be any more City Manager Selection Committee
meetings.
City Councilor - Ray Venable
· No report.
City Councilor- Kirk Eimers
· No report.
City Councilor - Mayor Muller
· No report.
Without further business, Mr. Muller moved to adjourn. Mr. Eimers seconded the
motion. All Council Members voted aye. The motion carried. The Council adjourned at
lO:lOpm.
Allan Muller, Mayor
ATTEST:
C"-athleen A. KOch, A"cting Cit~/'C'l~k
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