HomeMy Public PortalAboutCouncil Minutes 2003 07/10MINUTES
McCall City Council
Regular Meeting
Thursday, July 10, 2003
Table of Contents
Call to Order and Roll Call
Public Hearing
AB 03-95 VAC-03-3 Ordinance No. 780 Vacation of a portion of Dawson Avenue
Public Comment
Consent Agenda
Minutes of June 26, 2003
Invoice Approval List Dated July 3, 2003
Payroll Report for Pay Period Ending June 20, 2003
City of McCall Proclamation
AB 03-94 Appointment to the Historic Preservation Commission
AB 03-97 Alcohol Beverage Catering Permits
Business
Reports
Executive Session
Personnel
Adjournment
Idaho Code §67-2345(1 b) to consider a personnel matter
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City Council Minutes
CALL TO ORDER AND ROLL CALL
Mayor Colton called the regular meeting of the McCall City Council to order at
7:00 p.m. Mayor Colton, Council Member Arp, and Council Member Eimers
answered roll call and Council Member Muller is excused. A quorum was
present. City staff members present were City Attorney Susan Buxton, City
Manager Robert Strope, Community Development Director Lindley Kirkpatrick,
Public Works Director Bill Keating, Chief Ralph Appa and Finance Director & City
Clerk Barbara Bauer.
PUBLIC HEARING
Mayor Colton opened the Public Hearing on July 10, 2003 at 7:05 p.m.
AB 03-95 VAC-03-3 Ordinance No. 780 Vacation of a portion of Dawson Avenue
Lindley Kirkpatrick reviewed information provided to the Council Members on Ordinance
780 requesting vacation of a portion of the right of way of Dawson Avenue, including the
draft Findings & Conclusions and the conditions for approval. The Planning & Zoning
Commission conducted a public hearing on June 3 and recommended on a 3 to 1 vote
that the City Council vacate the requested portion of Dawson Avenue, subject to certain
conditions. One of the P & Z's recommended conditions of approval has already been
met. At this time, the unanimous staff recommendation is to deny this street vacation
because it will eliminate the turn around and adequate snow storage at the end of the
street.
Council Members asked for clarification of the alternatives that might be available for
snow storage.
Mayor Colton called for public testimony.
Tom Schoonover is the person asking for the street vacation. He testified that he would
be willing to consider providing a 15 foot strip of property along Davis Street in
exchange for this change. This change is being requested because the property has
been enclosed and visually included in the property sight line for an extended period.
The difference in property lines was identified before Mr. Schoonover purchased the
property. The information being presented tonight is the same as that provided to the P
& Z Commission except that three properties on the west side of Dawson Avenue were
combined as requested by the P & Z Commission.
Julie Fields testified in favor of the street vacation and was the realtor who sold Mr.
Schoonover his new home. At the time of the sale, all conditions had been met with the
exception of locating the pins because the preliminary title policy and maps provided at
the closing indicated that no problems existed. After closing, but prior to recording the
documents, problems with the location of the house and shed were discovered.
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Because of the existing structures, there has not been snow storage in the area in
question in the past. By providing the 15 feet of property on Davis Street, the City will
have additional property on a busy street to accommodate future development of paths
or street expansion and provide the property owner with incentive to improve their
property. Ms. Fields supplied the Council with other addresses where the same
conditions that are being requested exist.
Susan Buxton asked if there had been an analysis of the value of the piece of property
being requested and of the property being offered in trade. Ms. Fields feels that it will
be very difficult to have the properties valued, but that she believes that the properties
are of comparable value.
John Russell, Russell Surveying, expressed concern about a due process issue —at the
P & Z Commission only the Public Works Director was opposed, not the Community
Development Director. He believes that since the conditions of approval by the P & Z
Commission have been met, the staff position has changed and no plans exist for
changing the property, that the street vacation be granted. Council Member Eimers
confirmed that there is likely a direct liability issue for the title company involved in the
sales transaction.
Matthew Daren, 1504 Dawson Avenue testified as the owner of properties directly
across the street from the property in question. The snow storage is definitely not
occurring on this property and the fence lines on the street are even all along the street.
He believes that it makes sense to maintain the cohesiveness of the street by making
the usage lines the property lines.
Bruce Miller 215 CeCe Way in McCall representing First American Title provided a brief
overview of the types of title policies that would have been issued on this property in the
past. The original surveys in this area have changed dramatically since 1914 when the
original plats were signed. At this time, the maps for most areas of Valley County do
not accurately reflect the property and building locations. From the title company
standpoint, there is no claim against them but this change makes sense because it
allows the surveys and maps to be cleaned up.
Bill Keating, Public Works Director explained his concerns about the request because
there is not adequate street space and the area of private property that has been used
for snow storage was fenced off in April of this year. There is technically 60 feet of
travel way on this street, but the actual usable space is thinner. Council Member Arp
requested clarification of the previous street vacation in this area. Although the snow
removal issues have not been a concern up to now but the snow storage on private land
does not protect the needs of the City.
Susan Buxton, City Attorney noted that new information provided during a public
hearing does not create a due process concern under Idaho law. She also noted that
Idaho law does not allow any encroachment on public land to create a taking or adverse
possession of the property. It may be possible to address the concerns of the property
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City Council Minutes
owner by declaring the property to be excess land rather than vacating the property if
the Council chooses.
Matthew Daren, 1504 Dawson Avenue testified that he had purposely placed the new
fence on his property 20 feet in from his property line in order to accommodate the snow
dumping done by Public Works in the past. The Public Works Director clarified that the
City has verbal permission to use the property, but that this does not bind any current or
future owner.
Harry Stathis, 590 Ellis Road clarified that there are alternative methods to plow the
road in this area and move the snow to another area.
Julie Fields, noted that the area in question has not been used as a street, so concerns
about the loss of a street should not be applied.
John Russell, Russell Surveying again raised a concern that he had not been given an
opportunity to review the staff report before this hearing and stated that he may ask for
a continuance. He suggested that the hearing be continued.
Tom Schoonover, 1506 Davis noted that the plowing on Davis already creates a
situation where snow storage occurs on private land as it scrapes to the sides during
the plowing process. Council Member Eimers asked about the practical effect of not
granting this vacation since the house encroaches on city property or the right of way.
The City Attorney noted that the encroachment concerns must be addressed if the
vacation of the property is not approved.
Hearing no other requests to testify, Mayor Colton asked the Council Members if there
is a desire to continue the public hearing to a future date. Mayor Colton expressed
concern about storing snow on private property and approving an exchange of property
without knowing the value of the properties involved. There have been changes in the
Idaho Code that allow the City to use public property to create or reopen streets.
Bill Keating again noted that this change will make it impossible to turn a fire truck or
snowplow around if this property vacation occurs. Although it would not be an ideal
situation, the existing City property should be retained as public right-of-way.
Bill Sparks of the Fire District noted that the District has not previously commented on
the request. He did take a likely response vehicle to the site today and found that the
only way to turn the vehicle around was to back entirely into a private lot and that this
would not be possible in the winter. The Fire District will support the recommendation of
the City Public Works Director.
Dottie Moore, 441 Floyde stated that a 60 foot area will not work to turn a fire truck
around no matter where the property is located.
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The Council agreed to continue this Hearing on Ordinance 780 to the July 24,
2003 meeting of City Council in order to provide time to gather more information
and allow the property owners to specify the value of the properties in question
and for staff to clarify the value of the Davis Street strip as a potential bike path.
Council Member Eimers asked that staff try to find alternatives to assist the
applicants in finding alternatives to protect the City. The applicant is responsible
for obtaining information, including appraisals of the property and identifying
alternatives for the next Council meeting, and staff members are directed to
provide assistance and information to the applicant.
PUBLIC COMMENT
Mayor Colton called for public comment.
Harry Stathis, 590 Ellis Road asked that the City support personal watercraft races in
August 2003 by providing the event with access to Legacy Park for a 5 hour period on a
Sunday from 11 a.m. until 4 pm. The organizers will provide `honey pots" in the park.
The event would not impact the boat launch but could impact the City dock with a
dumping station. If the Council supports this idea, organizers will still need to get
permission from the Department of Public Lands. Concerns could include water or
noise pollution and the shutdown of the public beach for the majority of the day.
However, this is a recreation based City and although the event will generate some
criticism, but it will also generate some travel dollars. The park would be available for
race observers, but no swimming would be possible during the event. The group is
seeking a fun event rather than a serious racing event.
The Council asked that the City Manager work with the group to address the
issues necessary to determine whether this event is feasible.
CONSENT AGENDA
Minutes of June 26, 2003
Invoice Approval List Dated July 3, 2003
Payroll Report for Pay Period Ending June 20, 2003
City of McCall Proclamation
AB 03-94 Appointment to the Historic Preservation Commission
AB 03-97 Alcohol Beverage Catering Permits
Mayor Colton moved to approve the Consent Agenda. Council Member Eimers
seconded the motion. The motion carried.
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BUSINESS
REPORTS
Council Member Arp asked that the Police Department look into the use of City
land at the corner of Davis and Lick Creek Road as a location for used car sales.
The Police Chief has been aware of this and has worked with an individual who
has been parking there. There are also concerns about parking in the bike path
near the marina and Hearthstone signs. Moxie Java is also putting trash out on
the sidewalk around 7:30 p.m. and staff will find out how often this occurs.
Council Member Eimers asked about the Indians selling salmon from trucks on
the side of the street. They are allowed by federal law to do this without a
Hawkers license.
Mayor Colton asked that the Police Department activity reports include dates
noting the time period being covered to make them easier to put in context.
Council Member Arp noted that if the Council is truly interested in learning about
the feelings of the community relating to the Golf Course, a public meeting may
not be the best choice. A good scientific survey or an advisory vote on the
November ballot would be more effective in learning the true feeling of local
residents and taxpayers. It can be very intimidating to some people to speak up
before a crowd. The use a two-year override levy request on the ballot in
November. This would be the only way to actually determine the true interest of
the public. This levy would need to be approved by a simple majority with a
clearly defined goal, including paying off the bonded debt. It would take
approximately $750,000 to truly meet the needs of the Golf Course and create
potential for future success by eliminating the golf course debt. In order to place
the levy on the November 2003 ballot, the work needs to be done by September.
Approval of an override will protect other City services while allowing support for
the Golf Course. A public meeting in August will allow citizens to address
options. Using a format similar to the public budget workshop would help reduce
the intimidation factor. Other options for public involvement would be the use of
small group problem -solving breakout sessions after a group presentation of
issues. This process may actually take several meetings rather than just one.
EXECUTIVE SESSION
No executive session was held at this meeting.
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ADJOURNMENT
Mayor Colton moved to adjourn. Council Member Eimers seconded the motion.
All Council Members voted aye. The motion carried. The Council adjourned at
8:55 p.m.
Ralph Colton, Mayor
ATTEST:
Barbara Bauer, Finance Director/City Clerk
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City Council Minutes