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Home My Public Portal AboutCouncil Minutes 2002 07/11MINUTES McCall City Council Regular Meeting Thursday, July 11, 2002 Table of Contents Call to Order and Roll Call Public Hearing AB 02-99 ADM-02-1 Appeal of administrative decision regarding illumination of a sign Public Comment Consent Agenda Minutes of May 29, 2002 Minutes of June 13, 2002 Invoice Approval List Dated July 5, 2002 Payroll Report for Pay Period Ending June 7, 2002 Payroll Report for Pay Period Ending June 21, 2002 AB 02-59 McCall Ice & Event Center Request for Funds #5 AB 02-94 1203 Roosevelt Ave. — Resolution No. 02-17 AB 02-98 VAR-02-2 100 block of Archer Avenue AB 02-101 Airport Lease Lot 14 Jim Moi AB 02-102 Airport Lease Lot 13 Larry Carpenter AB 02-96 New Alcohol Beverage License for The Woodsman Cafe Page 1 of 10 July 11, 2002 City Council Minutes Business AB 02-95 AB 02-97 AB 02-100 AB 02-103 AB 02-104 AB 02-105 AB 02-64 Americorp Project Update McCall Skateboard Park Committee Resolution No. 02-16 Vendor Agreement with Mountain House, Inc. Resolution No. 02-15 dedication of the City bike path Resolution No. 02-18 Civic Environment in our Community Golf Fee Reduction City Manager Evaluation Reports Executive Session Adjournment Page 2 of 10 July 11, 2002 City Council Minutes CALL TO ORDER AND ROLL CALL Mayor Colton called the regular meeting of the McCall City Council to order at 7pm. Ms. Arp, Mr. Muller, Mr. Colton, Mr. Eimers, and Mr. Kaiser answered roll call. A quorum was present. City staff members present were Attorney Susan Buxton, City Manager Robert Strope and Finance Director/City Clerk Cathleen Koch. Mr. Colton added Agenda Bill 02-104 and Agenda Bill 02-105 PUBLIC HEARING AB 02-99 ADM-02-1 Appeal of Administrative Decision Regarding Illumination of a Sign Mr. Kirkpatrick explained that the complete record of the issue is in the council packet. The issue is that the sign was installed in late February but a permit was not filed. A variance application was filed in March. Due to a technical error the P&Z hearing had to be re -conducted. The school district withdrew the P&Z variance application and said they considered the sign a public informational sign. Mr. Kirkpatrick made the decision that the sign did not comply with code requirements because it contains lights that blink. P&Z conducted a public hearing and determined that the administrative decision was correct. The decision has been appealed to Council. Mayor Colton opened the public hearing at 7:05pm. Gale Hogan, School Superintendent, said the issue boils down to whether or not the lights blink. The intent of installing the sign and determining that it is a public informational sign was not to circumvent the city code. Mr. Hogan explained that the school was never required to take the old sign down, which was not in compliance. The size of the reader board was reduced and the school has the ability to update information frequently and accurately without the use of a ladder. Mr. Hogan showed a video of what he termed "scrolling and blinking" message types. He also showed a video of the police department's speed sign, which also requires people to slow down in order to read the sign. Uma Mulnick said she feels like she is not watching the kids when she drives down the street trying to watch the sign. She also mentioned that the school should follow the ordinances and not break the rules. She asked what it teaches the kids about breaking rules. She also takes offense to the "Pepsi" sign because of the advertisement. She mentioned that kids need to be taught about good nutrition in school. Page 3 of 10 July 11, 2002 City Council Minutes Curt Spalding handed out a letter to Council. He said the sign is not "non-commercial". The Pepsi logo is still on the sign. He also mentioned that the sign blinks. Mr. Spalding quoted parts of the city code and said that he thinks P&Z acted according to the law. Mr. Spalding said the Pepsi sign violates the City code in several clear respects. The Planning and Zoning Commission has done its job well. The commission heard public comments and made a unanimous decision to deny approval of the sign, not once but twice. The City Planner has affirmed that decision. To protect the City sign code, planning consistency, public safety, and to avoid a negative precedent, it makes good sense for the City Council to uphold the Planning and Zoning Commission and deny the appeal. Mike Poulin said the sign is a good idea, it shows student achievements and it makes the school look good. Richard Kirsten said the sign shows people what is going on at the school. He thought the sign would bring more people to the school activities. Nick Hershenow asked Council to recollect the process of establishing the sign ordinance. Mr. Hershenow suggested to Council to consider the intent of the sign ordinance. He also echoed Ms. Mulnick's comments about the civics lesson in the process and didn't think it would teach kids something by undermining laws. Neal Thompson, School Board Member, said he went across the country and saw other small communities with wonderful sports complexes. He agreed that the city needs to follow the code, but the kids want the sign for school pride. Erin Grinde, Associated Student Body Vice President, said that attendance at events has increased since the sign was installed. She also felt that the sign is publicly informative. She mentioned that two Coke symbols were on the last sign, people will drink soda no matter what. Mayor Colton closed the public hearing at 7:38pm. Mr. Eimers said a legal sign can also give public information. Mr. Muller said if there is a violation, the sign needs to come into compliance. We can't give people the right to violate city ordinances. Mr. Muller agreed that the sign brings a sense of school pride, but that it violates city code. Mr. Kaiser agreed with Mr. Muller and said it needs to be corrected. Ms. Arp agreed. Mr. Eimers suggested adding a fine for the sign builder to the code. Mr. Colton has not seen the problems with the sign that people have talked about. He believes the code has been violated but the possibility of making changes to the code is an option. Mr. Colton asked Mr. Kirkpatrick for options and pointed out that sign ordinance violations happen every day. Page 4 of 10 July 11, 2002 City Council Minutes Mr. Kirkpatrick outlined Council's options. 1. Deny the appeal and uphold original administrative decision and require the sign to be brought into compliance. 2. Grant appeal and find that the sign is in compliance. 3. Continue Public Hearing. Mr. Eimers moved to deny the appeal, affirm the administrative decision and require removal of the sign as required by MCC 3-24-100. Mr. Muller seconded the motion. Mr. Eimers asked staff to attach a penalty to the offense. Ms. Buxton asked if the city was requiring the removal of the sign. Mr. Eimers withdrew the motion. Mr. Muller withdrew his second. Mayor Colton reopened the public hearing at 7:51 pm. Mr. Hogan asked if they would have the opportunity to bring the sign into compliance. Mr. Kirkpatrick said the school would need a building permit issued by city staff. The Pepsi logo would have to be removed and the reader board must be disabled or removed. Ms. Grinde asked what makes a sign a public informational sign. Mr. Kirkpatrick read the definition. Mayor Colton closed the public hearing at 8:01 pm. Mr. Eimers moved to deny the appeal, affirm the administrative decision and require removal of the sign as required by MCC 3-24-100. Mr. Muller seconded the motion. Four Council Members voted aye. One Council Member voted no. The motion carried. PUBLIC COMMENT The Mayor called for public comment. There was none. Page 5 of 10 July 11, 2002 City Council Minutes CONSENT AGENDA Minutes of May 29, 2002 Minutes of June 13, 2002 Invoice Approval List Dated July 5, 2002 Payroll Report for Pay Period Ending June 7, 2002 Payroll Report for Pay Period Ending June 21, 2002 AB 02-59 McCall Ice & Event Center Request for Funds #5 AB 02-94 1203 Roosevelt Ave. — Resolution No. 02-17 AB 02-98 VAR-02-2 100 block of Archer Avenue AB 02-101 Airport Lease Lot 14 Jim Moi AB 02-102 Airport Lease Lot 13 Larry Carpenter AB 02-96 New Alcohol Beverage License for The Woodsman Cafe Mr. Colton moved to approve the Consent Agenda. Mr. Eimers seconded the motion. At a roll call vote, Mr. Colton, Mr. Eimers, Mr. Muller, Ms. Arp, and Mr. Kaiser voted aye. The motion carried. BUSINESS AB 02-95 Americorp Project Update Agenda bill was not presented. Americorp was not in attendance. AB 02-97 McCall Skateboard Park Committee Cindy Crawford, McCall Skateboard Park Association, said they are planning to construct a skateboard park for use. So far the kids have raised $1,000 to date. The school district has approved a site near Heartland High School. The estimated cost for the project is $300,000. The in -ground concrete terrain skate park will run about $240,000, the restrooms $30,000, and parking, landscaping, and viewing $30,000. The completion goal is the fall of 2003. Ms. Crawford said the association would like to request $30,000 per year from the City. The maintenance cost would be done by the City's Parks and Recreation departments. The annual repair costs are estimated at $1,000-2,000. The life expectancy of the park is indefinite. $300,000 assumes that the association must pay full price for everything. They have already applied for one grant with the Tony Hawk Foundation. The top grant amount is $25,000. Ms. Crawford gave a list of fundraising opportunities. Ms. Buxton brought up concerns about the bid laws associated with the City giving a private corporation $60,000. She suggested that the City build the restrooms and parking lot. Page 6 of 10 July 11, 2002 City Council Minutes Mr. Colton brought up the fact that the City has wanted to construct parks at Riverside Park. He suggested the skate park could be located there. Mr. Spalding, McCall Community Improvement Corporation (MCIC), approved a cooperative agreement in order to receive donations for the association. Mr. Colton pointed out the Local Option Tax will be on the ballot in November. The skate park could be a possible use. AB 02-100 Resolution No. 02-16 Vendor Agreement with Mountain House, Inc. The city owns the rights to an aerial photograph of the McCall area. A large print of the image is hanging in the lobby at City hall. Ken & Carolyn Jacobsen (Mountain House, Inc.) own and operate the only local business with the ability to convert the image into a high quality poster for distribution. An agreement has been negotiated with Ken Jacobsen for the production and distribution of posters. The City will be fully reimbursed for all costs associated with acquiring the image, Mountain House will handle all of the production and distribution, and 20% of the retail sales will be donated to the McCall Community Improvement Corporation. The McCall Community Improvement Corporation is a 501(c)3 non-profit corporation that was recently formed to further the efforts of the McCall Improvement Committee, the City of McCall, and various non-profit groups in the community. The Community Development Director serves on the Board of Directors. Mr. Muller moved to approve Resolution No. 02-16 and authorize the Mayor to sign the Vendor Agreement with Mountain House, Inc. Mr. Eimers seconded the motion. At a roll call vote, Mr. Muller, Mr. Eimers, Mr. Colton, Ms. Arp, and Mr. Kaiser voted aye. The motion carried. AB 02-103 Resolution No. 02-15 dedication of the City bike path Carol Coyle said she is trying to clear up old business. Idaho Department of Parks and Recreation needs to close their books on the Mill Park Conversion. Ms. Coyle asked Council to dedicate the bike path property for perpetual recreation use. Mr. Muller moved to adopt Resolution No. 02-15 and authorize the Mayor to sign. Mr. Eimers seconded the motion. At a roll call vote, Mr. Muller, Mr. Eimers, Mr. Colton, Ms. Arp, and Mr. Kaiser voted aye. The motion carried. AB 02-104 Resolution No. 02-18 Civic Environment in our Community Mr. Colton said the resolution presented will show that the City is a community where harassment, intimidation, discrimination and violence is not acceptable. Page 7 of 10 July 11, 2002 City Council Minutes Ms. Arp moved to adopt Resolution No. 02-18 and authorize the Mayor to sign. Mr. Eimers seconded the motion. At a roll call vote, Ms. Arp, Mr. Eimers, Mr. Colton, Mr. Muller, and Mr. Kaiser voted aye. The motion carried. AB 02-105 Golf Fee Reduction Mr. Strope suggested a reduction in existing fees, which was recommended by the Golf Course Advisory Committee last night. Mr. Colton moved to adopt resolution No. 02-19 and authorize the mayor to sign. Mr. Eimers seconded the motion. At a roll call vote, Mr. Colton, Mr. Eimers, Mr. Muller, Ms. Arp, and Mr. Kaiser voted aye. The motion carried. AB 02-64 City Manager Evaluation Mr. Colton explained that Council has adopted their priority list for Mr. Strope for next year. Council agreed that Mr. Strope had done a satisfactory job. There was room for improvement. Mr. Eimers said he is concerned about Mr. Strope's level of urgency and ability to ask questions. Mr. Strope needs to learn to reach out to people when he doesn't know what to do. Mr. Strope mentioned that the sense of urgency can be accomplished more easily with a priority list. Council discussed the concept of pay raises, whether the City can afford them, and what they are based upon. Mr. Eimers said COLA should not be a given automatically. Ms. Arp commended Mr. Strope for a good job. Nobody is perfect. He has listened to Council. He takes responsibility when he makes a mistake and Ms. Arp appreciates that. Ms. Arp said she believes Mr. Strope has been looking for input. Mr. Eimers said the city would have lost some funding on J-Ditch because Mr. Strope didn't ask questions and never would have known it. Ms. Arp moved to approve a merit increase of 1.9%. Mr. Kaiser seconded the motion. At a roll call vote, Ms. Arp, Mr. Kaiser, Mr. Muller, Mr. Colton, and Mr. Eimers voted aye. The motion carried. REPORTS City Manager — None. City Attorney — None. Robert Strope Susan Buxton Finance Director/City Clerk — Cathleen Koch None. Page 8 of 10 July 11, 2002 City Council Minutes City Planner — Lindley Kirkpatrick Mr. Kirkpatrick said Jinneman & Kennedy were here a few weeks ago to do interviews with the Conference Center Committee members. The feasibility study is underway. Mr. Kirkpatrick explained that contrary to explicit direction from both he and Bill Keating, not all the phones lines for the ice rink project will be buried. This is not what staff and Council expected when they committed to donating funds. Grant Coordinator — Carol Coyle Ms. Coyle said she will have a cake for McCall's birthday party next Friday at approximately noon at Art Robert's Park. Golf Director Mr. Pillard said the Golf Course is up $21,000 in fees, the restaurant is down by $12,000. The budget amendment will be brought to the next meeting. City Councilor — Marilyn Arp Ms. Arp asked how the City is dealing with un-permitted signs in the future. Mr. Kirkpatrick said because the school was trying to bring the sign into compliance, he did not ask the police department to pursue enforcement. When the opposite occurs, he asks for enforcement. Ms. Buxton said when the person is asked to quit violating the sign ordinance and if he/she refuses to do so, then the city should give notice to the person to remove the sign within 30days. If it is not removed, a citation can be issued to get it into the court system. Ms. Arp said the definition of an informational sign needs to be clarified. City Councilor — Allan Muller None. City Councilor — David Kaiser None. City Councilor — Kirk Eimers Mr. Eimers brought up the decision of the police department to investigate some issues at the middle school. He said he isn't happy with the way the city handled the issue. Ms. Buxton and Mr. Appa said that it is up to the Prosecutor whether to file charges for juveniles or not, not the police department. City Councilor — Mayor Colton None. Page 9 of 10 July 11, 2002 City Council Minutes ADJOURNMENT Without further business, Mr. Colton moved to adjourn. Mr. Eimers seconded the motion. All Council Members voted aye. The motion carried. The Council adjourned at 9:59pm. ,,tt1a u...rp.; *tt••• 1•6 • • • �• •y 5 v • SEAS, �0 • 1� +•� 1 • 0 0. % •• h • ATTEST:$4,;0 7,****.•••P�o •., LL, ID �.. •• .,......•••• Q(}`-P----5�e,--- Ca leen A. Koch, Finance Director/City Clerk /6" Ralph C on, Mayor Page 10 of 10 July 11, 2002 City Council Minutes