HomeMy Public PortalAboutCouncil Minutes 2004 05/27MINUTES
McCall City Council
Regular Meeting
Thursday, May 27, 2004
Table of Contents
Call to Order and Roll Call
Pledge of Allegiance
Public Hearing
AB 04-81 VAC-04-1 A request to vacate a portion of the Lenora Street and Fourth
Street rights -of -way
AB 04-34 Ordinary and Necessary Expense for Necessary Improvements to the
Domestic Water System
Public Comment
Consent Agenda
• Minutes of April 15 and 16, 2004, April 19, 2004, May 11, 2004, and
May 13, 2004
• Payment Approval List for Warrant Registers for input dates between May 9 and
May 21, 2004
• AB 04-75 Alcohol Beverage Catering Permits
• AB 04-77 Surplus Personal Property, Resolution 04-05
• AB 04-78 Holladay Engineering Pay Application No. 14 Four Corners
Beautification Project
• AB 04-79 Budget Line Item Adjustments
• AB 04-80 A grant offer from the Idaho Department of Lands in cooperation with
the USDA Forest Service
• AB 04-82 SUB-04-7 Greystone on Payette Condominiums Phase One Final Plat
• AB 04-83 SUB-04-1 Shiner Creek Condominiums Final Plat
• AB 04-84 SUB-04-6 Gunhill Subdivision Final Plat
• AB 04-86 SUB-04-3 Timberlake Condominiums First Amended Plat
• AB 04-87 SUB-04-5 West Hayes Estates Subdivision Final Plat
• AB 04-88 East-West Loop State/Local Agreements
Business
• AB 04-76 Skateboard Park Agreement
Printed 6/23/2004
Page 1 of 10
May 27, 2004
City Council Minutes
Reports
• McPaws Q1 2004 Report
Executive Session
Litigation
Adjournment
CALL TO ORDER AND ROLL CALL
Mayor Eimers called the regular meeting of the McCall City Council to order at
7:00 p.m. Mayor Eimers, Council Member Bertram, Council Member Greer, and
Council Member Muller answered roll call. A quorum was present. City staff
members present were City Attorney Tammy Zokan, City Manager/City Clerk
Robert Strope, Community Development Director Lindley Kirkpatrick, Parks and
Recreation Director Brock Heasley, Airport Manager Kevin Delaney, Grant
Coordinator Carol Coyle, and Assistant to the City Manager Tina Clark.
Council Member Robertson arrived at 7:04 p.m.
Council Member Eimers led the Council in the Pledge of Allegiance.
PUBLIC HEARING
At 7:02p.m., Mayor Eimers opened the public hearing on AB 04-81 VAC-04-1 a
request to vacate a portion of the Lenora Street and Fourth Street rights -of -way
Lindley Kirkpatrick said the Planning and Zoning Commission held a public hearing
April 6, 2004, took testimony and recommended that the vacation be approved. The
Transportation Advisory Committee looked at the matter and recommended that the
vacation not be approved. The Planning and Zoning Commission's recommendation is
silent on which options to pursue. The applicant is proposing either an appraisal for
purchase of the land for the fair market value, or the construction of a pocket park along
the bike path.
Council Member Robertson said the land value is identified in the application as
approximately $25,000 to $35,000 without an appraisal, and asked if the cost of the
pocket park be the same. Council Member Muller wanted to know about the value of
the land along with elevation of the proposed buildings, parking, the use of the property,
and if it would affect the bike path. Mr. Kirkpatrick said he didn't know the estimated
value of the park construction and that there is no approval being requested for a
particular building or development plan.
Printed 6/23/2004
Page 2 of 10
May 27, 2004
City Council Minutes
Judy Leister, 1073 Plymouth Road, requesting the vacation of the Lenora Street and
Fourth Street rights -of -way, said she contacted Stan Barkley, a certified general
appraiser. He has agreed to appraise the land if the City Council agrees to sell Ms.
Leister the right-of-way. Ms. Leister said there is no design at this time for a building
just a concept, and that the elevation from the rear of the property and the way the
building would set back into the hill would create a one-story roof line from Fourth
Street.
Council Member Robertson asked about the anticipated parking for a potential building.
Ms. Leister responded that there will be a couple of parking spaces above going into
garages with most parking down below. There will be seven residential units as of now,
but is subject to change along with a house already located on the property that is being
rented out and will continue to be rented out and does qualify as low income housing.
Jim Fronk, Secesh Engineering, presented to Council a plat map with topography
showing buildings (both existing and proposed) and the right-of-way in question.
Dave Peugh, Resort Design Associates International, said the proposal has been
designed to work with and respects the land and existing trees and provides a small
sheltered viewing/resting area for McCall visitors and neighboring residents. The style
of architecture will be consistent with the character already established in the existing
neighborhood and reflected in John Carey's Railroad Depot development, tying the
whole area together aesthetically. This project is also consistent with the City's desire
to create infill in the Downtown District, as opposed to developing outside the downtown
area.
Judy Leister proposed that the City of McCall vacate the right-of-way and she would
compensate the City anyway it chooses.
Dave Peugh presented the concept of a pocket park along the adjacent bike path.
Judy Leister said that she has talked with the Parks Department and she would be
willing to maintain the park in the future.
Council Member Bertram inquired about the water line easement across the property.
Mr. Peugh responded that there is a water line going through the property that will need
to be relocated, because the proposed building will be encroaching upon it. This will
allow for an adequate easement and easy access for maintenance.
Council Member Greer asked if the next step was to review and approve the plan for
the parcel and will there be conditions to the approval. Mr. Kirkpatrick said the Council
would not need to approve any building permit or development plans for this vacation,
or see it again unless the applicant requests a variance.
Printed 6/23/2004
Page 3 of 10
May 27, 2004
City Council Minutes
Council Member Bertram would like to see the pocket park and some payment for the
property. Council Member Muller said he would like to see the options for the land,
what the value of the land is, what the cost of the park is, and what the cost is to
relocate the water line.
Ron Rooth with the Parks Advisory Committee, said he would like to have time to look
at the plans from a parks point of view before committing himself, but has no objections
at this time.
Hearing no further comments, Mayor Eimers closed the public hearing at 7:55
p.m.
Council Members discussed the monetary value of the land, appraisal of the land;
assessing the easement value, and the options for compensation.
Council Member Greer said he feels comfortable vacating the easement and sees no
use for the land as a right-of-way. Also he likes the idea of the City being reimbursed
for the value of the land.
Council Member Greer moved to continue a public hearing until June 10, 2004,
and to direct staff to prepare alternatives for Council consideration on June 10, to
include options for compensation. Council Member Muller seconded the motion.
All Council Members voted aye. The motion carried.
AB 04-34 Ordinary and Necessary Expense for Necessary Improvements to the
Domestic Water System
Robert Strope said on May 4, 2004 Council adopted Resolution 04-4 to set the public
hearing for May 27, 2004 for the Ordinary and Necessary Water System Improvements.
Staff published a notice of public hearing for March 11, 2004 to consider requesting
judicial confirmation. The notice was not properly published and the hearing had to be
re -noticed. The notice has now been properly published for this public hearing.
Council Member Bertram asked what the water tank would look like. Mr. Strope
explained that the water tank is partially buried, with the remaining 20 feet above
ground.
Council Member Robertson asked if Aspen Ridge Subdivision understands that the
water tank is 20 feet above ground. Mr. Strope said that Aspen Ridge Subdivision
understands that its 20 feet above ground, and understands that the road requirement
is a 6% grade.
Council Member Muller directed the staff to seek funding approval for the
necessary improvements to our domestic water system facilities and petition the
court for judicial confirmation of this action at the appropriate time and authorize
Printed 6/23/2004 Page 4 of 10
May 27, 2004
City Council Minutes
the Mayor and City Attorney to sign all necessary documents. Council Member
Robertson seconded the motion. All Council Members voted aye. The motion
carried.
PUBLIC COMMENT
Mayor Eimers called for public comment.
Ron Rooth, 115 Idaho Street, Parks Advisory Committee, presented an update on River
Front Park, and discussed general project ideas that include: 1) A site survey setting
elevations and boundaries on a plot plan. 2) Complete the assessed work for the land
fill area. 3) Design a preliminary master site development plan, including under ground
utilities, sprinklers, well, parking areas, paths, playing fields, and support buildings. 4)
Complete the design and adopt. 5) Raise funds. 6) City workers and volunteers could
go along way in creating this park.
Carol Coyle commented that the DEQ has a Targeted Brownfield's Assessment
program that may be appropriate for this project. She suggested that the Parks
Advisory Committee contact Aaron Scheff at DEQ, and submit a grant application to
DEQ.
Council Member Bertram suggested contacting Dwayne Peterson retired Valley County
Road Superintendant.
Hearing no further comments, Mayor Eimers closed the public comment at
8:35p.m.
CONSENT AGENDA
Minutes of April 15 and 16, 2004, April 19, 2004, May 11, 2004, and May 13, 2004
Payment Approval List for Warrant Registers for input dates between May 9 and May
21, 2004
AB 04-75 Alcohol Beverage Catering Permits
AB 04-77 Surplus Personal Property, Resolution 04-05
AB 04-78 Holladay Engineering Pay Application No. 14 Four Corners Beautification
Project
AB 04-79 Budget Line item adjustments
AB 04-80 A grant offer from the Idaho Department of Lands in cooperation with the
USDA Forest Service
AB 04-82 SUB-04-7 Greystone on Payette Condominiums Phase One Final Plat
AB 04-83 SUB-04-1 Shiner Creek Condominiums Final Plat
AB 04-84 SUB-04-6 Gunhill Subdivision Final Plat
AB 04-86 SUB-04-3 Timberlake Condominiums First Amended Plat
Printed 6/23/2004
Page 5 of 10
May 27, 2004
City Council Minutes
AB 04-87 SUB-04-5 West Hayes Estates Subdivision Final Plat
AB 04-88 East-West Loop State/Local Agreements
Council Member Robertson asked that agenda bills AB 04-82, AB 04-83, AB 04-84,
AB 04-86, and AB 04-87 be pulled and discussed in the Business section.
Council Member Robertson moved to approve the Consent Agenda. Mayor
Eimers seconded the motion. All Council Members voted aye. The motion
carried.
BUSINESS
AB 04-76 Skateboard Park Agreement
Robert Strope said the school district approved the agreement between the City and the
school district. The agreement contains the provisions the City has been working on for
the past two years regarding the skateboard park. Under the agreement, the City would
maintain the park in the same fashion as all other parks. The Skateboard Park
Association would be responsible for the costs of construction.
Steve Millemann with Millemann, Pittenger, McMahan & Pemberton, LLP explained the
lease agreement between the City and the School District.
Council Member Robertson moved to approve the agreement between the City
and the School District for the Skateboard Park, contingent upon receiving a
letter from ICRMP stating they will cover the City of McCall, and authorize the
Mayor to sign. Council Member Bertram seconded the motion. In a roll call vote,
Mayor Eimers, Council Member Muller, Council Member Robertson, Council
Member Greer, and Council Member Bertram voted aye. The motion carried.
AB 04-82 SUB-04-7 Greystone on Payette Condominiums Phase One Final Plat
Lindley Kirkpatrick said on May 11, 2004 the Planning and Zoning Commission
reviewed the final plat for Phase One of the Greystone on Payette Condominiums.
Phase one consists of 16 units in 8 buildings. The preliminary plat was approved by the
Commission on April 6, 2004 for 30 condominium units in two phases. The
Commission recommends that the City Council approve the final plat.
Council Member Muller asked about the stormwater run-off. Mr. Kirkpatrick said that
the developers have agreed to contribute to a regional stormwater treatment facility.
The City will treat the stormwater discharge just north of the marina.
Printed 6/23/2004
Page 6 of 10
May 27, 2004
City Council Minutes
Council Member Robertson moved to adopt the draft Findings and Conclusions
and approve the final plat of phase one of the Greystone on Payette
Condominiums (SUB-04-7). Council Member Muller seconded the motion. In a
roll call vote, Mayor Eimers, Council Member Muller, Council Member Robertson,
Council Member Greer, and Council Member Bertram voted aye. The motion
carried.
AB 04-83 SUB-04-1 Shiner Creek Condominiums Final Plat
Lindley Kirkpatrick said on April 6, 2004 the Planning and Zoning Commission
conducted a public hearing on the proposed Shiner Creek Condominiums. Shiner
Creek Condominiums is a re -plat of a portion of the Greenbriar Condominium complex.
It contains 8 condominium units, detached garages and other improvements on
approximately 1 acre. The Commission approved the preliminary plat and recommends
that the City Council approve the final plat.
Council Member Muller asked about the snow removal, and stormwater run-off into
Shiner Creek. Mr. Kirkpatrick responded that the snow storage is located at the
northwest corner of the site (west of the parking). The drainage plan has been
reviewed and approved.
Council Member Muller moved to adopt the draft Findings and Conclusions and
approve the final plat of the Shiner Creek Condominiums (SUB-04-1). Mayor
Eimers seconded the motion. In a roll call vote, Council Member Bertram,
Council Member Greer, Council Member Robertson, Council Member Muller, and
Mayor Eimers voted aye. The motion carried.
AB 04-84 SUB-04-6 Gunhill Subdivision Final Plat
Lindley Kirkpatrick said on May 4, 2004 the Planning and Zoning Commission
conducted a public hearing on the proposed Gunhill Subdivision. Gunhill Subdivision is
a two lot subdivision along SH 55, immediately west of the Ski Ranch Subdivision.
Each lot will be one acre in size. The Commission approved the preliminary plat and
recommends that the City Council approve the final plat.
Council Member Muller moved to adopt the draft Findings and Conclusions and
approve the final plat of the Gunhill Subdivision (SUB-04-6). Mayor Eimers
seconded the motion. In a roll call vote, Mayor Eimers, Council Member Muller,
Council Member Robertson, Council Member Greer, and Council Member Bertram
voted aye. The motion carried.
AB 04-86 SUB-04-3 Timberlake Condominiums First Amended Plat
Lindley Kirkpatrick said on March 2, 2004 the Planning and Zoning commission
conducted a public hearing on the proposed Timberlake Condominiums First Amended
Printed 6/23/2004
Page 7 of 10
May 27, 2004
City Council Minutes
Plat. The project is a re -plat of the existing project to convert the existing "Manager's
Apartment' into a 34th saleable condominium unit. There will be no increase in the total
number of dwelling units on the property. No other changes to the site are proposed.
The Commission approved the preliminary plat and recommends that the City Council
approve the final plat.
Council Member Muller moved to adopt the draft Findings and Conclusions and
approve the final plat of the Timberlake Condominiums first amended plat (SUB-
04-3). Council Member Greer seconded the motion. In a roll call vote, Mayor
Eimers, Council Member Muller, Council Member Robertson, Council Member
Greer, and Council Member Bertram voted aye. The motion carried.
AB 04-87 SUB-04-5 West Hayes Estates Subdivision Final Plat
Lindley Kirkpatrick said on April 6, 2004 the Planning and Zoning Commission
conducted a public hearing on the proposed West Hayes Estates Subdivision. West
Hayes Estates is a three lot subdivision along Boydstun Lane. Each lot will be
approximately 1/3 acre in size and will be served by existing public utilities. The
Commission approved the preliminary plat and recommends that the City Council
approve the final plat.
Council Member Muller moved to adopt the draft Findings and Conclusions and
approve the final plat of the West Hayes Estates Subdivision (SUB-04-5). Council
Member Robertson seconded the motion. In a roll call vote, Mayor Eimers,
Council Member Muller, Council Member Robertson, Council Member Greer, and
Council Member Bertram voted aye. The motion carried.
REPORTS
Council Member Bonnie Bertram wanted to know the outcome of the meeting with Kim
Allen regarding the stormwater issue for the south corridor. Mr. Kirkpatrick reported
that he, Bill Keating, and Shawn Kohtz met with Kim Allen to discuss the drainage
improvements needed at the Pancake House and within Basin 13. He explained that a
319 Grant application had been previously approved for substantial drainage
improvements within Basin 13, but that the local match could not be provided and the
City declined the grant award. He stated that several items were discussed, included
doing a smaller portion of the original grant proposal, rerouting some of the stormwater
to a portion of the airport, expansion and limitations of the Holiday Inn Express
treatment area, and options for the required on -site treatment at the Pancake House.
Council Member Bertram asked if a grant could be obtained to address the stormwater.
Mayor Eimers stated that he would now support a 319 Grant, and that the local match
might come from the nearby property owners.
Printed 6/23/2004
Page 8 of 10
May 27, 2004
City Council Minutes
Council Member Bertram asked if at some point the City could work on the sidewalk
ordinance regarding, weeds, sweeping, snow removal, and not dumping trash on City
sidewalks.
Council Member Bill Robertson said Bill Keating presented a letter to Bill McMurray
regarding decibel readings. Bill McMurray presented it to the Spring Mountain Ranch
Board. The Spring Mountain Ranch Board has asked that some of the home owners
respond back to Bill McMurray who will in turn give it back to the City. The letter stated
42 decibels is considered okay.
EXECUTIVE SESSION
At 11:03 p.m., Council Member Muller moved to go into executive session per
Idaho Code 67-2345(1f) to consider pending litigation. Council Member
Robertson seconded the motion. Council Member Muller, Council Member
Robertson, Council Member Greer, Council Member Bertram, and Mayor Eimers
voted aye. The motion carried.
The discussion concerned pending litigation.
At 11:09 p.m., Mayor Eimers moved to come out of executive session. Council
Member Robertson seconded the motion. Mayor Eimers, Council Member
Bertram, Council Member Greer, Council member Muller, and Council Member
Robertson voted aye. The motion carried.
ADJOURNMENT
Without further business, Mayor Eimers moved to adjourn. Council Member
Robertson seconded the motion. All Council Members voted aye. The motion
carried. The Council adjourned at 11:10 p.m.
Kirk L. Eimers, Mayor
ATTEST:
Printed 6/23/2004
Page 9 of 10
May 27, 2004
City Council Minutes
" h i t A '