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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 March 23, 2000 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. Page 2 of 11 March 23, 2000 City Council Minutes 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 Page 3 of 11 March 23, 2000 City Council Minutes 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 March 23, 2000 City Council Minutes 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 Page 5 of 11 March 23, 2000 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 March 23, 2000 City Council Minutes 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? Page 7 of 11 March 23, 2000 City Council Minutes 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. Page 8 of 11 March 23, 2000 City Council Minutes 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. Page 9 of 11 March 23, 2000 City Council Minutes 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. Page 10 of l 1 March 23, 2000 City Council Minutes 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 Page 11 ofll March 23, 2000 City Council Minutes