HomeMy Public PortalAboutCouncil Minutes 2004 01/08MINUTES
McCall City Council
Regular Meeting
Thursday, January 8, 2004
Table of Contents
Call to Order and Roll Call
Consent Agenda — Old Business
• Minutes of December 11, 2003
• Payment Approval List for Warrant Registers printed on January 5, 2004
• Payroll Report for Pay Period Ending December 19, 2003
Oaths of Office for Bonnie Bertram, Jerry Greer, and Bill Robertson
Election of Mayor
Election of Council President
Public Comment
Consent Agenda -New Business
• AB 04-01 Holladay Engineering Pay Application No. 9 Preliminary
Engineering Four Corners Project
Ordinance No. 790, Aspen Ridge Subdivision (SUB-02-1), Phase
One Final Plat
Ordinance No. 789, Malcolm Scott rezoning from A Residential to B
Residential, 817 & 819 Reedy Lane
Ford Explorer lease agreement for the Police and Community
Development Departments
Alcohol Beverage Catering Permits
Deputy City Manager
Paul and Lori Jorgenson Lease Amendment
Budget transfer from Contingent Rev. to Lease Proceeds and from
Contingent Exp. To Capital Purchases
• AB 04-03
• AB 04-04
• AB 04-05
• AB 04-06
• AB 04-07
• AB 04-09
• AB 04-10
Business
• AB 04-08
Reports
•
Adjournment
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Forester's Club Liquor License
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CALL TO ORDER AND ROLL CALL
Mayor Colton called the regular meeting of the McCall City Council to order at
7:02 p.m. Mayor Colton, Council Member Arp, Council Member Bertram (by
telephone), Council Member Eimers, and Council Member Muller answered roll
call. A quorum was present. Council Elect present were Jerry Greer and Bill
Robertson. City staff members present were City Attorney Susan Buxton, City
Manager/City Clerk Robert Strope, Community Development Director Lindley
Kirkpatrick, Treasurer Amanda Townsend, Police Chief Ralph Appa, Parks and
Recreation Director Brock Heasley, Airport Manager Kevin Delaney, and Deputy
City Clerk Shirley Overton
Mayor Colton announced that there would be an executive session at the end of
the meeting and that consent item AB 04-03 Ordinance 790, Aspen Ridge
subdivision (SUB-02-1), Phase One Final Plat would be removed from this
agenda.
During the meeting, one break was taken from 8:14 pm to 8:18pm.
CONSENT AGENDA — OLD BUSINESS
Mayor Colton called for any corrections for the Consent Agenda — Old Business.
Council Member Arp asked what all the system adjustments were in the Warrant
Register.
Treasurer Townsend stated that it was due to a software update that required that
adjustments be made.
Council Member Eimers commended Police Chief Appa on a good job cutting the
overtime in the payroll.
Mayor Colton moved to approve the Old Business Consent Agenda. Council
Member Arp seconded the motion. All Council Members voted aye. The motion
carried.
OATHS OF OFFICE
Just prior to administering the Oaths of Office, City Manager Robert Strope made
presentations to outgoing Council Members Ralph Colton and Marilyn Arp. Each
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received a plaque in appreciation of 10 years of outstanding service to the City of
McCall and a framed picture.
Ms. Arp expressed that it has been a good ten years and that she has learned a lot,
and wanted to express particular appreciation for the fine City Staff.
Mr. Colton also expressed appreciation for the fine City Staff.
City Manager and City Clerk Robert Strope administered the oath of office for Bonnie
Bertram, Jerry Greer, and Bill Robertson who were sworn in as members of the McCall
City Council.
ELECTION OF MAYOR
Council Member Eimers called for a motion to nominate a Council Member for Mayor.
Council Member Robertson moved to nominate Council Member Kirk Eimers to
be Mayor of the City of McCall, Idaho for a two year term. Council Member Muller
seconded the motion. All Council Members voted aye. The motion carried.
ELECTION OF COUNCIL PRESIDENT
Mayor Eimers moved to nominate Council Member Bill Robertson to serve as
Council President for a two year term. Council Member Muller seconded the
motion. All Council Members voted aye. The motion carried.
PUBLIC COMMENT
Mayor Eimers called for public comment.
Mr. Strope asked that any comment about the Forester's agenda item wait until that
portion of the agenda.
Robert Lyons of McCall, and President of the Chamber of Commerce, had some
comments about a Winter Carnival issue. After handing out some information on the
subject, he addressed the issue of the closure of a section of East Lake Street, as has
been done for the past three years, for the State Championship Snow Sculptures. He
feels that is the best place for the sculpture contest, but notes that there are some
businesses that oppose the closure because it affects their business. Mr. Lyons
referred to a letter from City Manager Strope in July, 2003 stating that an East Lake
Street closure would not be approved in the future without unanimous, signed consent
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of all the impacted businesses, and Mr. Lyons does not think that is fair. He also feels
that at this late date the road should be closed this year, and then not next year so
there could be a comparison.
Mayor Eimers suggested that the businesses involved wouldn't oppose the closure if
there was no effect on their business.
Council Member Bertram and Council Member Muller both suggested that there might
be alternative locations.
Mr. Strope noted that the Chamber was notified in July that one hundred percent
agreement would be needed for the road closure, yet it waited until now to bring it to
Council. He stated a preference that this issue be brought back as an agenda item at
the January 15, 2004 City Council Work Session for council action to allow the
impacted businesses to present their views in person. He also noted that he had
discussed adding the issue to the January 22nd meeting with Mr. Lyons, and that Mr.
Lyons opted to come forward at this time..
Covey Ruyle of Northern Exposures on Lake Street said he would like to cooperate and
is willing to work with some modifications, but that the closure does affect his business.
Mayor Eimers noted that the requirement to have unanimous consent was the Council's
idea.
The item will be added as a business item for the January 15, 2004 Council Meeting.
With no further comment, Mayor Eimers closed the Public Comment section of
the Agenda.
CONSENT AGENDA - NEW BUSINESS
Mayor Eimers asked if a final plat can be done on the Consent Agenda.
City Attorney Susan Buxton said that if there are no issues a final plat can be done on
the Consent Agenda as a ministerial act. In this case, AB 04-03 has already been
stricken from the Agenda, and will be addressed at a future meeting.
Mayor Eimers also asked if the Malcolm Scott rezoning agenda item (AB 04-04) with an
ordinance should be on the Consent Agenda.
City Attorney Buxton agreed that AB 04-04 with a rezoning ordinance should be taken
off the Consent Agenda.
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City Manager Strope suggested and it was agreed that AB 04-04 be moved to the end
of the Business Agenda.
Council Member Robertson asked why one of the vehicles in AB 04-05 Ford Explorer
Lease Agreement was to be used by Community Development.
Mr. Strope and Mr. Kirkpatrick answered that the Building Inspector was driving a 1980
Toyota, and that the new vehicle was to be a replacement for that vehicle.
Council Member Muller asked if AB 04-05 lease agreement and AB 04-10 budget
transfer coincided with each other.
Mr. Strope confirmed that they did, and that AB 04-10 addresses the requirement that
all lease proceeds must be recorded as a revenue first, and the actual cost impact for
the current year is covered in the approved budget.
Council Member Muller asked about AB 04-07 saying that it does not seem reasonable
to add the position of Deputy City Manager if the need for it will only be a one time
occurrence. He also wondered how it would affect the budget.
Mr. Strope answered that the need for an acting City Manager is ongoing, that Lindley
already has been acting in that capacity, that this also captures other job functions and
more accurately reflects what that job is currently. He also stated that it is not a
substantial change in the pay rate and the current budget will cover it.
Council Member Muller and Council Member Robertson both noted that the current job
description does not include all of the new requirements, and that it needs to be
modified to accurately reflect the changes. City Manager Strope stated he would
provide an updated job description to the Council for their information.
Council Member Robertson raised the question of procedure for AB 04-09 Jorgensen
Lease Amendment, saying that it should have gone to the Airport Advisory Committee
first.
Mr. Strope answered that it would normally go to the Advisory Committee first.
However, the meeting this month was cancelled, and being a timely matter, and
considering that to his knowledge the review of an assignment is not required by the
Charter, and he does not think it would have been appropriate to postpone the item for
a month.
Council Member Robertson moved to approve the New Business Consent
Agenda and authorize the Mayor to sign all necessary documents. Council
Member Greer seconded the motion. In a roll call vote, Council Member
Robertson, Council Member Greer, Council Member Muller, and Mayor Eimers
voted aye and Council Member Bertram abstained. The motion carried.
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Mayor Eimers closed the Consent Agenda — New Business segment of the
Agenda
BUSINESS
AB 04-08 Forester's Club Liquor License
City Manager Strope stated that when the council packet was prepared, the agenda bill
on the Forester's Club Liquor License was included. Subsequent to that, the Forester's
Club Legal Counsel requested additional time to prepare a response to the City
Council. Mr. Strope also refuted a false rumor that has been circulating, concerning the
City Manager's possible desire to close all bars, and stated that his intent in this matter
is that establishments in the community should adhere to the State and City
requirements. After consulting with the City Attorney, Mr. Strope recommends that this
item be tabled until the January 22, 2004 City Council Meeting.
Council Member Muller stated that he would not be here on January 22, 2004, but he
would like to submit a response in writing. He is also concerned that the State of Idaho
has not acted on the cited violations and therefore has passed the decision on to the
City.
City Attorney Buxton said she has some documentation that she will give to the
Forester's Attorney for their review.
Mr. Coulter, Legal Counsel for Forester's, said that meeting on January 22, 2004 would
create a very tight window but they would work within that time frame if necessary. He
would prefer waiting until the meeting on February 12, 2004.
Council Member Greer moved to table AB 04-08 until the February 12, 2004
McCall City Council meeting in order to give the Forester's Attorney a chance to
review the material, and to direct the City Manager to issue a temporary Liquor
License to Forester's Club to expire at 11:59pm on Friday, February 13, 2004.
Mayor Eimers seconded the motion.
After discussion about whether or not to allow public comment at this time, Attorney
Buxton said that she would like to hold the comments until the February 12, 2004
meeting and that there should be no ex -party contact until that time. Both she and Mr.
Coulter agreed that they should follow the procedure outlined in Title 67-52-42 to allow
parties an opportunity to respond and present evidence and argument on the issues
involved and to allow non parties to present oral or written statements, at which time the
parties could be cross examined as well.
With no further discussion, Mayor Eimers called for a vote. All Council Members
voted aye. The motion carried.
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AB 04-04 Ordinance No. 789, ZON-03-2 Malcolm Scott rezoning from A
Residential to B Residential, 817 & 819 Reedy Lane
Community Development Director distributed the back-up information for AB 04-04
including Ordinance No. 789 and a draft of the findings and conclusions of the Council.
The Planning & Zoning Commission has reviewed and approved a request to rezone a
1.07 acre property at 817 & 819 Reedy Lane from A Residential to B Residential. The
property in question is bounded on two sides by A Residential and on two sides by B
Residential. The Planning and Zoning Commission held a public hearing and on
November 6, 2003, the Commission recommended that the City Council approve the
requested rezoning. Ordinance No. 789 implements the map amendment.
Council Member Bill Robertson moved that Council approve the rezoning of 817
& 819 Reedy Lane from A Residential to B Residential. Mayor Eimers seconded
the motion. All Council Members voted aye. The motion carried.
Council Member Bill Robertson moved to waive the rules and read Ordinance 789
by title only, one time only. Mayor Eimers seconded the motion. In a roll call
vote, Council Member Robertson, Mayor Eimers, Council Member Bertram,
Council Member Muller, and Council Member Greer voted aye. The motion
carried
City Manager Strope read Ordinance No. 789 by title only, one time only.
Council Member Robertson moved to adopt Ordinance 789; and
authorize the Mayor to sign all necessary documents. Mayor Eimers seconded
the motion. All Council Members voted aye. The motion carried.
Mr. Kirkpatrick asked that AB 04-03, which was removed from this meeting, could be
put on the agenda for the Council Work Session on January 15, 2004 instead of waiting
for two weeks.
After much discussion, it was determined that if everything is ready, it can be added to
the work session on January 15, 2004 and if not it can wait until January 22, 2004.
Mayor Eimers closed the Business section of the Agenda.
REPORTS
City Manager/City Clerk — Robert Strope
City Manager Robert Strope said that unless there was an objection, he would like to
use the 1995 Ford Taurus unmarked Police patrol car, which is a surplus vehicle, for his
use to travel to and from home as well as for business travel. Council Member
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Robertson asked if this car could be sold and what was its current value. Mr. Strope
stated the car has a value of $3,000, but Police Chief Appa said the city would only
realize about $500. Council Member Robertson stated the personal use of traveling to
and from home might be a taxable benefit to Mr. Strope. Council did not object to Mr.
Strope's use of the car.
Council Member — Allan Muller
Council Member Muller requested that information about the convention center be
made available to the Council.
Council Member — Bill Robertson
Council Member Robertson requested that the Council get a flag for the Legion Hall
and say the Pledge of Allegiance at the beginning of their meetings. He also requested
that the speaker be made loud enough for the people in the back of the hall to hear.
Mayor — Kirk Eimers
Mayor Eimers requested that the committees the Council sits on be discussed and
reassigned at the February 5, 2004 City Council meeting. Included are the committees
Marilyn Arp and Ralph Colton are on.
EXECUTIVE SESSION
At 9:OOp.m., Council Member Muller moved to go into executive session per Idaho
Code 67-2345(1f) to consider threatened litigation. Mayor Eimers seconded the
motion. In a roll call vote, Council Member Muller, Mayor Eimers, Council
Member Bertram, Council Member Robertson, and Council Member Greer voted
aye. The motion carried.
The discussion concerned threatened litigation.
Concurrently coming out of Executive Session, Mayor Eimers moved to authorize
the City Attorney to sign the stipulation as presented. Council Member Greer
seconded the motion. All Council members voted aye. The motion carried.
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ADJOURNMENT
Without further business, Council Member Muller moved to adjourn. Mayor
Eimers seconded the motion. All Council Members voted aye. The motion
carried. The Council adjourned at 10:23 p.m.
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ATTEST:
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Shirley K. Overton, Deputy City Clerk
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Date
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