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HomeMy Public PortalAboutCouncil Minutes 2001 09/13MINUTES McCall City Council Regular Meeting Thursday, September 13, 2001 Table of Contents Call to Order and Roll Call Public Comment Public Hearing Consent Agenda Business Reports Executive Session Adjournment Page 1 of 10 September 13, 2001 City Council Minutes CALL TO ORDER AND ROLL CALL Mayor Muller called the regular meeting of the McCall City Council to order at 7:05pm. Ms. Arp, Mr. Muller, Mr. Colton, and Mr. Eimers answered roll call. A quorum was present. City staff members present were Attorney Susan Buxton, Attorney Bill McCurdy, City Manager Robert Strope, and Finance Director/City Clerk Cathleen Koch. Mr. Venable arrived at 7:07pm. An executive session for a personnel matter and the contract to expand the Mission Street paving contract was added to the agenda. PUBLIC COMMENT The Mayor called for public comment. Wes Rhoades, Transportation Advisory Committee Member, said the committee tries to meet needs for all citizens. The City needs to try and add safe lanes for walkers and bicyclists when paving roads, this is a critical area that seems to be overlooked on occasion. Mr. Muller said their concerns were not unheard. Mission Street will be expanded to add safe lanes for walkers and bicyclists. Mr. Rhoades said the committee needs to hear the issues before they come to Council. Duane Smith, Transportation Advisory Committee Member, said the committee is concerned about Mission Street. Twenty-four feet is a standard road. The City was planning to make the road twenty-one feet until today. Kermit Petersen has been the broker for the City's health insurance benefits for several years. He thanked Council for allowing him to serve the City. He said Mr. Strope told him he failed to bring new ideas to the City for health insurance. Mr. Petersen said he could not get quotes because he didn't receive the form to authorize him to do so. He explained to Council that he had brought the "buy -down" program to the City several years ago, which had save the City money. Mr. Venable said he would look into the situation. Mr. Muller interrupted Mr. Petersen because he was getting into personnel issues. Page 2 of 10 September 13, 2001 City Council Minutes PUBLIC HEARING AB 01-115 CUP 01-3 for Neighborhood Convenience Store Mayor Muller introduced the application and opened the Public Hearing. Walter Hair addressed the Council and explained that they wanted a conditional use permit to establish a small gift shop and boutique. The Planning and Zoning Commission recommended Council grant approval of the CUP. All conditions have been met. It is basically the same thing as the Yellow Garage's CUP. Mr. Hair presented a letter from Gary Mahn, Department of Commerce, supporting their request. Mr. Kirkpatrick handed out a letter from Ray and Betsy Woods in support of the request. Mr. Kirkpatrick reviewed the staff report, stating that the complete record of the case is included in the Council's packet. He said that the P&Z commission recommended conditional approval of a neighborhood convenience store, as presented, not a gift shop and boutique. Cathy Barton stated that she will be renting the home and running the gift shop and boutique. There will not be any late night activity. The shed that was not a part of the original house will be torn down. Nancy Estes said whatever the Hair's do to the property, will be an asset for the community. The gift shop will look like a home with limited hours, which is better than a neighborhood convenience store. Patience Thorsen mentioned that the historical integrity needs to be addressed. Bonnie Bertram said this is exactly the kind of business needed. It will be a low impact gift shop that tourists are looking for in the community. Robert Gordon stated that he is opposed to commercial enterprise infiltrating residential neighborhood. He read a statement included in the Council packet opposing the neighborhood convenience store. Craig Eberle explained that he was speaking on behalf of Don Eberle. Don Eberle is opposed to the neighborhood convenience store. It will lower property values and become an eyesore. There are vacant businesses in town where a neighborhood convenience store can be opened. Jean Odmark said the proposal is obviously not a convenience store. The Yellow Garage bothered Ms. Odmark, but the dental office looks like a residence except for the sign. The convenience store must look residential. Ms. Odmark is not opposed to restoration of the building. She is opposed to a lot of parking. Page 3 of 10 September 13, 2001 City Council Minutes Mr. Hair said the CUP allows a specific use, not any other use. It is a transitional area where they are trying to maintain a residential appearance. lone Gordon pointed out that the present driveway is right against her fence. She doesn't know how they can screen it. Mr. Kirkpatrick stated that Council could impose more restrictive conditions on the CUP, which would not run with the property. He stated that the information presented to the City Council clearly does not describe a convenience store and recommended denial of the application. Mr. Hair said it was just semantics to discuss a convenience store versus a boutique. He was told this was how to file for a CUP. Ms. Barton said they specifically listed what would be sold in the store when applying for the CUP. Mike Barton pointed out that the gift shop and boutique specifically fits one of the convenience store definitions. Mayor Muller closed the Public Hearing at 8:39pm. Mr. Colton recommended adding a condition that grants a specific use to a specific applicant. In response to questions from the Council, Mr. Kirkpatrick explained that the Council's decision is appealable to the Court. Ms. Buxton told Council since a neighborhood convenience store is undefined; they have the discretion and latitude to decide if this fits the description of a neighborhood convenience store. Mr. Eimers said he wants the code addressed to deal with the definition before approving the CUP. Ms. Buxton explained that it would require an ordinance change. Mr. Venable said he does not see anything wrong with following the precedent that has been set. Ms. Buxton explained that if the applicant seeks judicial review, a court would have to decide if the City has been arbitrary and capricious in granting the Yellow Garage a CUP and denying this application. Even if the ordinance was changed, the application still falls under the current ordinance. Ms. Arp suggested using open pavers instead of asphalt for the parking areas. Mr. Kirkpatrick recommended against using pavers because it is difficult for pedestrian traffic. Page 4 of 10 September 13, 2001 City Council Minutes Mr. Colton suggested that the Community Development Director and City Attorney get together to change the ordinance. Mr. Muller restated that the application could be approved because it has a lesser impact than a neighborhood convenience store. Ms. Buxton is comfortable with supporting Council either way. She suggested tabling the application until the next meeting so that it can be compared with the Yellow Garage application. Ms. Arp moved to table the CUP until the next meeting. Mr. Muller seconded the motion. Ms. Arp, Mr. Colton, Mr. Muller, Mr. Venable, and Mr. Eimers voted aye. The motion carried. Ms. Arp requested proposed suggestions for screening of the parking area. AB 01-116 ZON-01-2 Annexation and Zoning Designation for the WWTP Pond Mr. Kirkpatrick addressed the Council and stated that the complete record of the application is included in the Council packets. He stated that the application is to annex property owned by the City, where the J-Ditch holding pond is located. The property is currently zoned Industrial and will remain Industrial. He recommended adopting Ordinance No. 760. Mayor Muller opened the Public Hearing at 9:09pm. There were no Comments. Mayor Muller closed the Public Hearing at 9:09pm. Mr. Colton moved to adopt the draft Findings and Conclusions. Mr. Eimers seconded the motion. At a roll call vote, Mr. Colton, Mr. Eimers, Mr. Muller, Mr. Venable, and Ms. Arp voted aye. The motion carried. Mr. Colton moved to suspend the rules, read by title only, one time only, Ordinance No. 760. Mr. Eimers seconded the motion. At a roll call vote, Mr. Eimers, Mr. Colton, Mr. Muller, Ms. Arp, and Mr. Venable voted aye. The motion carried. Mr. Colton moved to adopt Ordinance No. 760. Mr. Eimers seconded the motion. At a roll call vote, Mr. Colton, Mr. Eimers, Mr. Venable, Ms. Arp, and Mr. Muller voted aye. The motion carried. Page 5 of 10 September 13, 2001 City Council Minutes CONSENT AGENDA The following items were listed on the consent agenda: • Minutes of July 24, 2001 • Minutes of August 9, 2001 • Minutes of August 23, 2001 • Invoice Approval List Dated September 10, 2001 • Payroll Report for Pay Period Ending August 31, 2001 • AB 01-118 Idaho Department of Lands UCF Program Development Grant • AB 01-119 Idaho Department of Lands UCF Tree Planting Grant • AB 01-120 Lois Lenski Foundation Grant • AB 01-121 Ezra Jack Keats Foundation Grant • AB 01-126 Airport Hangar Lease Assignment • AB 01-127 Williams Scotsman Lease Agreement • AB 01-129 Resolution No. 01-17 Public Auction • AB 01-131 Utility Hardship Adjustment Ms. Arp asked to pull Resolution 01-16 to discuss with the advisory ballot, AB 01-125. Mr. Muller asked who owns the water rights on land deeded to the City. Ms. Buxton said the water rights belong to the landowner. Mr. Eimers moved to approve the Consent Agenda as amended. Ms. Arp seconded the motion. At a roll call vote, Mr. Colton, Mr. Eimers, Mr. Muller, Mr. Venable, and Ms. Arp voted aye. The motion carried. BUSINESS AB 01-35 Sewer Line for the Holiday Inn Express Mr. Kirkpatrick presented what he believed to be an equitable distribution of costs for public improvements. There are other significant costs to both applicants for getting services to their sites. In April, Council committed $34,000 towards the water line improvement project. Costs may decrease for "jacking" the service connections under the highway. The funding proposed will be the limit of the City's involvement. Mr. Kirkpatrick recommend the City contribute no more than $84,977 for water and sewer line improvements. He requested Council amend the FY02 budget to appropriate money from fund balance for the improvements. Council asked why the $50,000 grant would only apply to Mr. Hunt and not the City or Ms. Bertram. Mr. Kirkpatrick said that the proposal before Council is what he was able to negotiate with Mr. Hunt. The grant is specifically tied to job creation. Page 6 of 10 September 13, 2001 City Council Minutes Mr. Eimers did not want to amend the budget. If it needs to be done later, then it can be done. Mr. Muller moved to contribute no more than $84,977 to the water and sewer line improvements on Third Street; directed staff not to prepare an amendment to the FY02 budget to appropriate $25,483 from the sewer Fund -Fund Balance and $59,494 from the Water Fund -Fund Balance; authorize the City Manager to enter into necessary agreements with Bob Hunt and George and Bonnie Bertram. Mr. Eimers seconded the motion. At a roll call vote, Mr. Venable, Mr. Colton, Mr. Muller, Ms. Arp, and Mr. Eimers voted aye. The motion carried. Mr. Colton said he thinks the City should contribute, but not pay all of the costs. AB 01-117 Gem Community Implementation Grant Ms. Coyle explained that the grant application would be submitted to the Idaho Department of Commerce for sewer improvements. It is a strong proposal due to job creation. Mr. Colton moved to pass Resolution No. 01-14 and authorize the mayor to sign the grant application. Mr. Eimers seconded the motion. At a roll call vote, Mr. Venable, Mr. Colton, Mr. Muller, Ms. Arp, and Mr. Eimers voted aye. The motion carried. AB 01-122 Golf Course Controls Mr. Pillard explained that most of the internal controls are implemented by the golf professional. He discussed external controls with a consultant. The committee has recommended a surcharge on 9 and 18 holes for all but lifetime pass holders. Mr. Muller asked if the City has control over lifetime passes. Mr. Pillard said the Foundation brings a recommendation to Council. AB 01-123 Brown Park Mr. Pillard spoke to Jane Brown who would like Mill Park to be renamed to Brown Park. A tree will be planted and a sign will be made for the park. Ms. Arp moved to approve the name change of Mill Park to Brown park. Mr. Muller seconded the motion. All Council Members voted aye. The motion carried. AB 01-124 Water Rate Adjustment Mr. Eimers discussed reducing water rates for the October 1, 2001 billing. Page 7 of 10 September 13, 2001 City Council Minutes Mr. Strope will have the engineers review hookup fees to encourage infill in the City limits. He recommended a professional water and sewer rate study. Mr. Eimers moved to table the discussion until the second meeting in October. Ms. Arp seconded the motion. All Council Members voted aye. The motion carried. AB 01-125 Advisory Ballot for November Election Mr. Strope reminded Council that there was discussion in the Golf Course meeting to use property tax dollars to help fund Golf Course operations. He read a list of other questions to possibly ask on the advisory ballot. Ms. Arp said an advisory ballot for the Golf Course is a bad idea because the City doesn't have all the information and it could tie the City's hands. Mr. Eimers wants an advisory ballot because not everyone uses the Golf Course. Council discussed reasons to have or not have an advisory ballot in depth. Council opted for a survey instead of an advisory ballot. Ms. Arp moved to adopt Resolution No. 01-16 as amended. Mr. Muller seconded the motion. All Council Members voted aye. The motion carried. AB 01-128 Brightest Stars, Idaho's Generation of the Child Mr. Strope said a press release was done asking people to submit nominations for the "Brightest Stars" Awards Program. No action is required because there are no nominations. REPORTS City Manager — Robert Strope A person was selected for the Rural Economic Development position. Funding will run through Valley Councy. City Attorney — Susan Buxton None. Finance Director/City Clerk — Cathleen Koch None. Page 8 of 10 September 13, 2001 City Council Minutes City Councilor — Marilyn Arp Requested to keep the parking next to City Hall open for the public, not employees. Advisory committee information needs to get to Council. Committees need to make motions for Council to review. November meeting dates will be held on the 8th and 29th of November. December will remain the same. City Councilor — Ralph Colton There may be cigarette money available to fund the skate park from the Tobacco Settlement. City Councilor — Ray Venable None. City Councilor — Kirk Eimers An ITD letter was given to Mr. Strope to find out its meaning. City Councilor — Mayor Muller The City should participate in initiating grants for the skate park. Mr. Strope said funding exists in the Recreation Department for a skate park. EXECUTIVE SESSION At 11:25pm, Mr. Muller moved to go into executive session per Idaho Code 67- 2345(1f) to consider pending litigation and 67-2345(1b) for a personnel matter . Mr. Eimers seconded the motion. At a roll call vote, Mr. Muller, Mr. Eimers, Mr. Colton, Ms. Arp and Mr. Venable voted aye. The motion carried. The discussion concerned pending litigation. Ms. Arp and Mr. Colton directed Ms. Buxton to work with the State Insurance fund to settle the Jesse Main case. Page 9 of 10 September 13, 2001 City Council Minutes At 12:21am, Ms. Arp moved to come out of executive session. Mr. Colton seconded the motion. At a roll call vote, Mr. Muller, Mr. Eimers, Mr. Colton, Ms. Arp and Mr. Venable voted aye. The motion carried. ADJOURNMENT Without further business, Ms. Arp moved to adjourn. Mr. Colton seconded the motion. All Council Members voted aye. The motion carried. The Council adjourned at 12:22am. Allan Muller, Mayor ATTEST: 'mil d'44( (U-L't (r ((— Cathleen A. Koch, Finance Director/City Clerk Page 10 of 10 September 13, 2001 City Council Minutes