HomeMy Public PortalAboutCouncil Minutes 2005 02/24MINUTES
McCall City Council
Regular Meeting
Thursday, February 24, 2005
Table of Contents
CALL TO ORDER AND ROLL CALL
5:00 P.M. EXECUTIVE SESSION
• Litigation Idaho Code §67-2345(1f) to consider pending litigation
6:00 P.M. REGULAR SESSION
PLEDGE OF ALLEGIANCE
PUBLIC HEARING
• AB 05-41 Community Development Block Grant Application for Improvements to the Senior
Citizen Building
BUSINESS
• AB 05-44 Annexation and Infill Priorities
PUBLIC HEARING
• AB 05-35 ZON-05-1 Scott Findlay/J.B. Scott Request for Zoning upon annexation / Ordinance No.
803
• AB 05-36 ZON-04-7 Fox Ridge Subdivision Request for Zoning upon annexation / Ordinance No.
804
PUBLIC COMMENT
CONSENT AGENDA
• Minutes of January 24, 2005 Special City Council Meeting
• Minutes of January 27, 2005 Regular City Council Meeting
• Payment Approval List for Warrant Registers for input dates between February 3, 2005 and
February 18, 2005
• Payroll Report for Pay Period Ending February 11, 2005
• AB 05-33 Alcohol Beverage Catering Permits
• AB 05-38 Alcohol Beverage License
• AB 05-39 Idaho Homeland Security Reimbursement
• AB 05-42 Youth Officer Overtime
BUSINESS
• AB 05-37 Special Use Permit for Scenic Boat Cruises
• AB 05-40 Appointments to the Local Option Tax Commission
• AB 05-43 Appointments to the Planning and Zoning Commission
REPORTS
• Transportation Advisory Committee Minutes February 2, 2005
• GCSAA Conference Report
ADJOURNMENT
Printed 3/30/2005
Page 1 of 18
February 24, 2005
City Council Minutes
CALL TO ORDER AND ROLL CALL
Mayor Eimers called the regular meeting of the McCall City Council to order at
5:00 p.m. Mayor Eimers, Council Member Bertram, Council Member Muller, and
Council Member Robertson answered roll call. A quorum was present. Council
Member Greer arrived at 5:31 p.m.
City Staff Members present were Lindley Kirkpatrick, City Manager and Bill
Keating, Public Works Director.
EXECUTIVE SESSION
At 5:01 p.m., Mayor Eimers moved to go into executive session per Idaho Code
Section 67-2345(1f) to consider pending litigation. Council Member Bertram
seconded the motion. In a roll call vote, Mayor Eimers, Council Member Bertram,
Council Member Robertson and Council Member Muller voted aye. The motion
carried.
At 5:58 p.m., Mayor Eimers moved to come out of executive session. Council
Member Robertson seconded the motion. In a roll call vote, Council Member
Bertram, Council Member Robertson, Council Member Muller, Council Member
Greer, and Mayor Eimers voted aye. The motion carried.
REGULAR SESSION
The Council reconvened to regular session at 6:00 p.m.
City Staff Members present were Carol Coyle, Grant Writer; Brock Heasley, Parks
and Recreation Director; Ralph Appa, Police Chief; Dan Irwin, City Clerk; Chris
Yorgeson, City Attorney; Lindley Kirkpatrick, City Manager; and Bill Keating,
Public Works Director.
Mayor Eimers led the Council in the Pledge of Allegiance.
Mr. Kirkpatrick stated that an additional agenda bill had been prepared for the
consideration of the Timbercrest Development performance agreement. He stated that
the performance agreement would require the developer to repair 1400 feet of sewer
line in return for approval of their development request. He inquired if the Council
would like to add the topic to the agenda or table the request for the next Council
meeting.
Printed 3/30/2005
Page 2 of 18
February 24, 2005
City Council Minutes
The Council decided to table the item until the next regular Council meeting.
PUBLIC HEARING
At 6:04 p.m., Mayor Eimers opened the Public Hearing on AB 05-41 - Community
Development Block Grant Application for Improvements to the Senior Citizen
Building
Karl Augustine, Grant Administrator from Sage Community Resources, stated that the
purpose of the agenda item was to conduct the required public hearing for the
submission of an Idaho Community Block Grant application to the Idaho Department of
Commerce and Labor for improvements to the McCall Senior Citizen Building. Mr.
Augustine gave an overview of the Idaho Community Block Grant Program and stated
that the public hearing was scheduled to allow the input of the community about the
proposed activities. He stated that the Idaho Community Block Grant program is
divided into four categories of funding and cited the application deadlines for each type.
Mr. Augustine stated that $600,000 is available to the State of Idaho for Senior Citizen
Projects. He said that the proposed project will include the construction of a new
handicap accessible entryway to the building, an energy efficient vestibule, coat room,
janitor closet, coffee bar, handicap accessible restroom, commercial kitchen, and a new
office and meeting space. Mr. Augustine stated that the total project cost is estimated
to be $133,300. He stated that the project will assist low to moderate income persons
as defined by the Department of Housing and Urban Development.
Ramon Alford, Chairman of the McCall Senior Citizens Board, thanked the City Staff
and City Council for supporting the project. He stated that the remodel of the building is
necessary in order to meet the needs of the community.
Herb Schneider, 258 Moonridge Drive, stated that the Senior Citizens have been
operating under handicapped conditions. He stated that the grant funding will allow the
Senior Center to expand as a more useful facility that meets all of the ADA
requirements.
John Lund, Board Member of the McCall Senior Citizens, stated that there is a critical
need for the remodel of the Senior Center. He requested that the Council give their
support for the project.
Ray Alford thanked Mr. Augustine and Sage Community Resources for the assistance
they provided in putting the grant application together.
Hearing no further comments, Mayor Eimers closed the public hearing at 6:15
p.m.
Printed 3/30/2005
Page 3 of 18
February 24, 2005
City Council Minutes
Council Member Robertson stated that at a previous Council Meeting, Mr. Augustine
originally estimated that the project would cost $150,000 to $180,000. He asked what
changes to the project were made to arrive at the new cost estimate.
Mr. Augustine explained that a longer list of improvements to the facility was originally
identified. He stated that the parking lot and carport expansion improvements were
eliminated from the application to maintain a competitive edge for the funds. Mr.
Augustine stated that the two activities will be mentioned in the application and could be
funded if the Department of Commerce finds merit in their completion.
Council Member Robertson moved to approve the submission of the Community
Development Block Grant application for improvements to be made to the McCall
Senior Center, and authorize the Mayor to sign all necessary documents. Council
Member Greer seconded the motion. In a roll call vote, Mayor Eimers, Council
Member Bertram, Council Member Robertson, Council Member Muller, and
Council Member Greer voted aye. The motion carried.
Council Member Bertram stated that the McCall Improvement Committee had identified
the completion of the Southern Corridor project as a priority. She stated that she would
like Mr. Augustine to identify all sources of grant money that could be utilized for the
project.
Mr. Augustine stated that the primary source of funding available for the completion of
the project would be through the Idaho Community Block Grant program. He stated
that applications for public facility and economic development projects are due in
November 2005, and Sage Community Resources stands ready to assist the City and
Improvement Committee to submit an application. Mr. Augustine cautioned the City in
using the funds from the Transportation Enhancement Grant this summer since it could
be used as a monetary match to the grant. He suggested that the City contact the
Department of Commerce and Labor and request that the funds still be considered as
match if it is expensed this summer.
BUSINESS AGENDA
AB 05-44 Annexation and Infill Priorities
Council Member Bertram recused herself from the discussion.
Mr. Kirkpatrick stated that the Council has engaged in several general conversations
about the desire to establish a policy promoting infill development before annexation
projects. He stated that several issues need to be addressed if it is the Council's
intention to adopt a formalized policy. Mr. Kirkpatrick stated that annexation doesn't
guarantee the extension of municipal services under Idaho Code. He stated that there
are many examples of areas in the City limits that aren't served by municipal water,
Printed 3/30/2005
Page 4 of 18
February 24, 2005
City Council Minutes
sewer, or public roads. He stated that it is his opinion that an annexation approval
doesn't require the City to expand the full gamut of municipal services to the area.
Chris Yorgeson, City Attorney, explained that since annexation requests are typically
received before a preliminary plat, the City is unable to determine the amount of
services that would be needed for the development. He stated that it would be
premature to approve the extension of services to an annexed area without knowing the
amount of development that will occur in the area.
Mr. Kirkpatrick stated that infill development is typically defined as projects occurring in
areas that are already developed or urbanized. He stated that infill development would
be in contrast to development occurring on the fringe of the City where services would
have to be extended. Mr. Kirkpatrick said that if a policy is adopted it would be
important to define if infill would include development occurring within the City limits
even if it is located on the fringe. He added that the Council may also want to consider
making a distinction in regards to the scale of development applications.
Mr. Yorgeson stated that if the Council adopts an infill priority policy they will need to
clearly define if the preference would be expanded to the entire City limits or be limited
to a specific boundary or location. He stated that it would be important to decide how
the timing of application approvals would be considered in the policy, and how an infill
request would be considered before other development requests. Mr. Yorgeson stated
that the Council should also consider how long the preference would be established for.
Mr. Kirkpatrick stated that an argument can be made that the City Code and
Comprehensive Plan already establish a preference for infill development. He stated
that the current zoning ordinance approves lower density for areas outside the City
limits. Mr. Kirkpatrick stated that annexation requests must go through a more
complicated process and more public hearings before being approved.
Council Member Robertson asked which services are wanted when developments seek
annexation. He stated that he thinks the discussion is aimed at addressing the
capabilities of the sewer system. Council Member Robertson stated that a system
could be established that would give preference to long time tax payer but thinks the
Council could be creating a quagmire due to the other considerations that could surface
such as property location.
Council Member Muller stated that he bases his decisions for approval when the
development applications are presented. He stated that he would support a project
based upon its design regardless if it is an infill project or not. Council Member Muller
stated that he doesn't want to classify properties or establish a preference system.
Mayor Eimers stated that it would make sense to give a preference to an applicant that
has paid property taxes in the City limits for several years, but it would be difficult to
establish an objective process to achieve the intended result.
Printed 3/30/2005
Page 5 of 18
February 24, 2005
City Council Minutes
Council Member Muller stated that he doesn't want to make decisions based upon the
myriad of issues that could be presented in the decision making process. He supports
keeping the current process and approving the requests as they are received.
Scott Findlay stated that the problems of the City can be cured with money. He stated
that the Council makes the decisions of where development can occur, but nobody can
foresee if the development will be successful or not. Mr. Findlay stated that it is
important for the City to generate a larger tax base through both infill and annexation
development.
Council Member Robertson stated that if the Council adopted a preference policy he is
concerned that such a complex structure would be developed that problems would
occur. He stated that a bureaucratic mess could result when determining which areas
are priorities for the extension of municipal services. Council Member Robertson stated
that he favors continuing the practice that is already in place and let the development
applications go through the current process.
Council Member Greer stated that the City needs to be responsive to the promises that
have already been made when considering the extension of municipal services.
Council Member Robertson concurred that prior promises regarding the extension of
services should be fulfilled unless a higher need is demonstrated elsewhere.
Mr. Kirkpatrick stated that the Council will get the opportunity to express their
preference in individual development requests. He stated that the development
community is receptive to the actions by the Council, and if the Council shows a
preference for infill projects the development community will respond accordingly.
PUBLIC HEARING
AB 05-35 ZON-05-1 Scott Findlay/J.B. Scott Request for Zoning upon annexation /
Ordinance No. 803
Mr. Kirkpatrick stated that the annexation request is for approximately 57 acres on the
south side of Lick Creek road. He stated that the area is currently zoned R-1, Rural
Residential. He stated that the public hearing has been scheduled to discuss what
zoning designation should be placed on the property if it is annexed, and then the
Council will make the decision if the annexation request should be approved. Mr.
Kirkpatrick stated that the applicant's original request was to zone 47 acres of the
property as zone A, low density residential, and 10 acres as zone GC, general
commercial. He stated that the applicant requested that the general commercial zoning
be strictly limited to residential use as he planned to establish an affordable housing
project. Mr. Kirkpatrick stated that the Planning and Zoning Commission held a public
hearing, and after a considerable amount of public comment recommended that the
Printed 3/30/2005
Page 6 of 18
February 24, 2005
City Council Minutes
property be zoned as type A, low density residential, if the annexation request is
approved. He stated that the applicant had withdrawn his request for the higher density
general commercial zoning. Mr. Kirkpatrick stated that Ordinance No. 803 would annex
the property and provide for type A, low density residential zoning.
Council Member Robertson asked if there would be a problem in adopting the
Ordinance since the draft findings and conclusions from the Planning and Zoning
Commission aren't available.
Mr. Kirkpatrick stated that the omission of the draft findings and conclusions wouldn't
affect the adoption of the Ordinance.
Council Member Muller requested that draft findings and conclusions be provided with
the materials in the future.
Council Member Greer asked how many property owners were located within 300 feet
of the proposed development. Mr. Kirkpatrick stated that there were approximately 50
property owners located within 300 feet of the development.
Council Member Bertram asked what types of public comments were received by the
Planning and Zoning Commission.
Mr. Kirkpatrick stated that the majority of comments received were in regards to the
request for the general commercial zoning.
Council Member Bertram asked if Mr. Kirkpatrick could ever foresee a development that
could implement affordable housing without opposition. She asked how the City can
provide affordable housing when nobody wants it in their backyard.
Mr. Kirkpatrick stated that there will probably always be some opposition when
affordable housing is proposed. He asked if provisions for deed restricted housing
could be added to a development agreement.
Mr. Yorgeson stated that a request for deed restricted housing couldn't be added to the
development agreement, but a requirement for the developer to set aside lots for
affordable housing could be added. He stated that the developer would have to agree
to the provisions of the agreement.
At 7:05 p.m., Mayor Eimers opened the Public Hearing on AB 05-35 ZON-05-1
Scott Findlay/J.B. Scott Request for Zoning upon annexation / Ordinance No. 803
Scott Findlay stated that after going through the Planning and Zoning process, he has
changed his original request and would now like to zone the entire property to type A,
low density residential. He stated that during the public hearing process it became
apparent that the request for the high density zoning was opposed by the neighboring
property owners. He stated that the original request for the higher density zoning was
Printed 3/30/2005
Page 7 of 18
February 24, 2005
City Council Minutes
made in order to provide for an affordable housing tax credit project. He stated that the
request was withdrawn based upon the concerns of the neighbors and Planning and
Zoning Commission.
Council Member Muller asked how the affordable housing project would have been
designed if the higher density zoning designation was approved.
Mr. Findlay stated that the project would have included 3 story townhouse units located
on the majority of the ground. He stated that the project would have been designed in a
quality fashion and wouldn't have looked like tenement housing. Mr. Findlay stated that
the current request will provide for 158 units instead of 328. He stated that the
development will be served with City water since a line is located on the development.
He stated that the development has received approval for inclusion into the Payette
Lakes Recreational Water and Sewer District for sewer service. He stated that the
inclusion request was made due to the fact that that the Sewer District had a 15 inch
sewer line that would be capable of serving the development. Mr. Findlay stated that
approval of the development would add approximately $300,000 per year to the City's
property tax collection when it is fully developed. He stated that he has currently
revised the proposed plat to include the addition of 11 duplex units. Mr. Findlay stated
that he has agreed to extended the bike path along Lick Creek and establish berms
between Lick Creek and Spring Mountain Ranch.
Council Member Bertram requested that Mr. Findlay meet with the bike path committee
before drafting a plan for the bike path extension.
Mr. Kirkpatrick stated that under the inclusion approval the Sewer District assigned a
density of 2.9 units per acre. He stated that the final plat approval will not be able to
exceed that limitation.
Dan Fulkerson, Aspen Ridge Development, asked for clarification about the inclusion
process. He stated that it is unfair that Aspen Ridge can't seek inclusion into the Sewer
District since they are located in the City limits but Mr. Findlay can request annexation
by the City after receiving approval for inclusion.
Sherry) Graham asked if Mr. Findlay had any plans for establishing tot lots or picnic
areas that would serve the development.
Mr. Findlay stated that the development is still in the preliminary plat stage, but there
aren't any existing plans for tot lots or picnic areas. He stated that the majority of the
open space in the development will be located in the wetlands of the property.
Mr. Kirkpatrick stated that a public hearing on the preliminary plat would be conducted
by the Planning and Zoning at their next meeting.
Hearing no further comments, Mayor Eimers closed the public hearing at 7:26
p.m.
Printed 3/30/2005
Page 8 of 18
February 24, 2005
City Council Minutes
Council Member Robertson stated that the request before the Council is for zoning
approval and annexation but has nothing to do with plat approval or a guarantee to
provide municipal services. He stated that approving the annexation wouldn't
guarantee plat approval or the extension of any City services to the development.
Council Member Muller stated that he hasn't heard any negative comments from the
public about the project since the request for the high density zoning was eliminated.
Council Member Muller moved to suspend the rules and read Ordinance No. 803
by title only, one time only. Council Member Robertson seconded the motion. In
a roll call vote, Council Member Bertram, Council Member Robertson, Council
Member Muller, Council Member Greer, and Mayor Eimers voted aye. The motion
carried.
Mr. Kirkpatrick read Ordinance No. 803 by title only.
Council Member Muller moved to adopt Ordinance No. 803. Council Member
Robertson seconded the motion. In a roll call vote, Council Member Robertson,
Council Member Muller, Council Member Greer, Mayor Eimers, and Council
Member Bertram voted aye. The motion carried.
Council Member Robertson requested that the draft Findings & Conclusions for ZON-
05-1 be presented for approval by the Council at their next meeting.
AB 05-36 ZON-04-7 Fox Ridge Subdivision Request for Zoning upon annexation /
Ordinance No. 804
Mr. Kirkpatrick stated that the applicant's request is for the annexation of 22 acres
located south of the Middle School and east of Samson Trail. He stated Samson Trail
will be used as the primary access to the subdivision. Mr. Kirkpatrick stated that the
property is currently zoned R-1, rural residential, and the applicant requested the
property to be zoned type B, medium density residential. He stated that the Planning
and Zoning Commission held public hearings for the request and based upon concerns
of the higher density, has recommended that the property be zoned type A, low density
residential, if approved for annexation. Mr. Kirkpatrick stated that the property was
approved for inclusion into the Payette Lakes Recreation Water and Sewer District and
has been assigned a density of 2.097 units per acre. He stated that Ordinance No. 804
would approve the annexation of the property and designate the zoning as zone type A,
low density residential.
Council Member Robertson stated that a letter from Fields and Hopkins in the Council's
materials indicated that the request for annexation was conditional upon plat approval
and zoning designation. He asked if there was any problem with approving the request
since the original zoning designation had been changed.
Printed 3/30/2005
Page 9 of 18
February 24, 2005
City Council Minutes
Mr. Kirkpatrick stated that the developer has received conditional preliminary plat
approval from the Planning and Zoning Commission dependent upon the Council's
approval of the annexation request.
Mr. Yorgeson stated that the developer's letter had no effect upon the legality of the
annexation ordinance and would zone the property as low density residential.
At 7:32 p.m., Mayor Eimers opened the Public Hearing on AB 05-36 ZON-04-7 Fox
Ridge Subdivision Request for Zoning upon annexation / Ordinance No. 804.
John Hopkins stated that the Planning and Zoning Commissions recommended zoning
designation of Fox Ridge will allow for the construction of a 37 unit subdivision. He said
that the property will be served by City water and sewer service will be provided by the
Payette Lakes Recreational Water and Sewer District. He stated that the development
requested inclusion into the Sewer District because of the proximity to their sewer lines.
Mr. Hopkins stated that he used to live in Blaine County and development has allowed
infrastructure and services to be improved and developed. He stated that approval of
the project will allow the City of McCall to expand its economic tax base. Mr. Hopkins
stated that they are willing to pave their own roads and will connect to the District's
sewer system which will save the City money and resources. He said that they have
met with the neighboring property owners, City staff, and the Transportation Advisory
Committee. He stated that the requested zoning designation was changed based upon
the concerns of the neighbors and Planning and Zoning Commission. Mr. Hopkins
stated that he doesn't consider the development to be indicative of sprawl since it is
located next to a school.
Council Member Bertram asked if the development contained any parks, open space,
or bike paths.
Mr. Hopkins stated that the development is a closed community so there aren't any bike
paths. He stated that parks have been omitted from the plans of the development since
the entire town is located within close proximity of recreational opportunities. He stated
that 90 acres of open space exists to the east of the property as well as the school's
playgrounds and football field.
Council Member Robertson clarified that the City owns 45% of the sewer line that will
serve the development. He stated that the City had previously purchased capacity in
the line under an agreement with the Sewer District.
Council Member Muller stated that he feels the addition of parks in subdivisions is
beneficial and makes the development more attractive. He stated that open space is
very important despite the abundant recreational opportunities in the area.
Council Member Bertram asked if the Planning and Zoning Commission made any
provisions for the developer to install sidewalks on Samson Trail. Mr. Hopkins stated
Printed 3/30/2005
Page 10 of 18
February 24, 2005
City Council Minutes
that the Commission didn't make any requirement but they would not be opposed to the
idea.
Sherryl Graham asked if the development contained any tot lots or picnic areas to
provide for more open space.
Mr. Hopkins stated that the development doesn't contain any tot lots or picnic areas but
does have a path that adjoins to the school.
Hearing no further comments, Mayor Eimers closed the public hearing at 7:55
p.m.
Council Member Robertson commented that he believes the development is a good
project.
Council Member Bertram stated that the project is contiguous to the City limits and will
be a benefit to the community.
Council Member Robertson stated that the Council needs to clarify that the adoption of
the Ordinance is only for the annexation and zoning of the property and doesn't
guarantee the extension of municipal services or plat approval.
Greg Pittenger, legal counsel for the applicant, clarified that the development differs
from Mr. Findlay's as it has been given preliminary plat approval by the Planning and
Zoning Commission.
Mr. Kirkpatrick stated that he will address the request for the installation of a sidewalk
on Samson Trail with Mr. Hopkins before a final plat is presented to the Council.
Council Member Robertson moved to suspend the rules and read Ordinance No.
804 by title only, one time only. Council Member Muller seconded the motion. In
a roll call vote, Council Member Muller, Council Member Greer, Mayor Eimers,
Council Member Bertram, Council Member Robertson voted aye. The motion
carried.
Mr. Kirkpatrick read Ordinance No. 804 by title only.
Council Member Robertson moved to adopt Ordinance No. 804. Council Member
Muller seconded the motion. In a roll call vote, Council Member Greer, Mayor
Eimers, Council Member Bertram, Council Member Robertson, and Council
Member Muller voted aye. The motion carried.
Council Member Robertson stated the Council will need to approve the draft findings
and conclusions from the Planning and Zoning Commission at their next meeting.
Printed 3/30/2005
Page 11 of 18
February 24, 2005
City Council Minutes
PUBLIC COMMENT
At 8:00 p.m., Mayor Eimers called for public comment.
Pauline Doleshal, 625 Floyde Street, provided materials to be distributed to the Council
regarding the problems related to the construction of her residence. She stated that
she is still seeking answers from the City of what purpose a building permit serves, how
the job performance of the building inspector is monitored, and if the City staff is aware
of the health implications caused by exposure to mold. She stated that at previous
meetings she has cited numerous building code violations that exist at her residence.
Ms. Doleshal stated that the City has remained silent on the issues and she wants
answers as why the oversight occurred. She asked what method plan can be
implemented for accountability by the building inspector. Ms. Doleshal stated that she
doesn't think the problem with her residence is an isolated problem. She stated that the
building inspector position requires that the monitoring of construction be in compliance
with City ordinances and other applicable building codes. She stated that the only
document she has been privileged to see is a copy of the building permit which contains
very little information. Ms. Doleshal believes the City has engaged in a dereliction of
duties by not resolving the problems she has presented. She requested that a
representative from the City answer her three questions.
Mr. Kirkpatrick stated that he would be willing to respond to Ms. Doleshal's questions.
He requested permission from the Council to limit his discussion only to the three
specific questions as Ms. Doleshal has accused the City staff of some egregious
violations. Mr. Kirkpatrick stated that the purpose of building permit is to ensure
compliance with the code, the performance of the building inspector is monitored
through the City's performance management system, and he does have some
familiarity with mold.
Dean Martens, 321 Cee Cee Way, stated that he is having problems in his
neighborhood with snow removal because of cars parked on the street. Mr. Martens
stated that he contacted the Police Department on multiple occasions. He stated that
the Police Department addressed the issue with the residents and landlord but the
problem continues to exist. Mr. Martens stated that he scheduled a meeting with Mr.
Kirkpatrick where he discovered the City doesn't have an ordinance regarding restricted
parking on the streets during the snow removal period. He stated that there is a
provision for such in the State Code but enforcement would be difficult. He stated that
under the current McCall Code the Chief of Police is authorized to install signs that
would regulate parking. Mr. Martens stated that he would be willing to assist in drafting
an ordinance that would regulate on -street parking during snow removal hours or would
like a sign to be installed in his neighborhood.
Hearing no further comments, Mayor Eimers closed the public comment at 8:10
p.m.
Printed 3/30/2005
Page 12 of 18
February 24, 2005
City Council Minutes
CONSENT AGENDA
Council Member Robertson and Mr. Yorgeson provided corrections to the January 24,
2005 Minutes to be made prior to the Mayor signing them.
Council Member Muller asked how many memberships to the Rotary Club are paid on
behalf of staff members. He stated that he thinks the Council had previously discussed
the merits of the City paying the dues but wasn't sure if a final decision was made.
Mr. Kirkpatrick stated that two memberships to the Rotary Club were approved under
the current City budget. He stated that the Council previously discussed possibly
eliminating the membership payments in the next budget.
Council Member Bertram asked about the expense to Honey Dippers for services at the
Airport.
Bill Keating, Public Works Director, explained that the Airport is served by a septic
system. He stated that the City bills the tenants at the airport for monthly sewer service
and has to periodically pump out the system.
Council Member Robertson asked about the reimbursement for overtime expense and
meal expenses by the Idaho Homeland Security Office. He asked the Police Chief how
much of the expense was for meals. Chief Appa stated that the expense was a
negligible amount.
Council Member Muller asked about the arrangement with the School District for
overtime reimbursement.
Chief Appa stated that when the youth officer position was formed the School District
agreed to reimburse the City for overtime expenses that the officer would incur at
special events. He stated that during the past year the School District increased the
amount of the reimbursement considerably. Chief Appa stated that the first payment
was used to cover the expenses incurred for officers attending special events. He
stated that the second payment will be used to supplement the Department's overtime
budget because of the toll that special investigations and emergencies have taken on
the line item. Chief Appa stated that he has discussed the use of the money with the
school's superintendent. He stated that the funds are allocated from a grant that the
School District has secured.
Council Member Muller stated that he is concerned that the Police Department doesn't
break down the specific expenses of what the money is used for.
Printed 3/30/2005
Page 13 of 18
February 24, 2005
City Council Minutes
Council Member Robertson stated that the Police Department should document how
the funds are expensed in case an audit is conducted.
Council Member Robertson moved to approve the Consent Agenda as modified
and authorize the Mayor to sign all necessary documents. Council Muller
seconded the motion. Council Member Bertram recused herself from the vote.
All other Council Members voted aye. The motion carried.
BUSINESS AGENDA
AB 05-37 Special Use Permit for Scenic Boat Cruises
Brock Heasley, Parks and Recreation Director, stated that Ray Dupree is planning on
conducting scenic boat cruises on Payette Lake for a second year. He said that in
accordance with McCall City Code 8-14-4, Mr. Dupree has requested approval for a
Special Use Permit to allow him the use of the southerly face of the southernmost dock
at the municipal boat launching ramp near the west end of Fir Street for picking up and
dropping off passengers. Mr. Heasley stated that the Parks and Recreation Advisory
Committee have reviewed Mr. Dupree's request and recommends that the City Council
approve the request. He provided the Council with a letter from Mr. Dupree, a flyer
describing his business, the minutes from the April 22, 2004 City Council meeting
where the request was previously approved, and the proposed hold harmless
agreement and Special Use Permit for 2005.
Council Member Muller stated that when the request was approved last year, the
Council required Mr. Dupree to obtain insurance coverage. He requested that the hold
harmless agreement specify the amount of insurance coverage that is required.
Council Member Robertson stated that the agreement specifies that Mr. Dupree must
provide the City a certificate of liability insurance in an amount not less than $500,000
per occurrence.
Ray Dupree stated that the City Attorney requested that he obtain insurance coverage
in the amount of $500,000 per occurrence when the special use permit was approved
last year. He stated that the policy is still in effect and he will renew it when it expires
later this year. Mr. Dupree stated that his business was successful last year and 45
families utilized the service. He stated that everyone enjoyed the city and the lake.
Council Member Muller moved to authorize the City Clerk to issue a Special Use
Permit to Mr. Dupree to pick up and drop off passengers at the southerly face of
the southernmost dock at the municipal boat launching ramp near the west end
of Fir Street, contingent upon Mr. Dupree's submission of a hold harmless
agreement and submission of a liability insurance policy in an amount not less
than $500,000 per occurrence with the City named as an additional insured.
Printed 3/30/2005
Page 14 of 18
February 24, 2005
City Council Minutes
Council Member Greer seconded the motion. All Council Members voted aye.
The motion carried.
AB 05-40 Appointments to the Local Option Tax Commission
Dan Irwin, City Clerk, stated that Ordinance No. 796 requires the City Council to appoint
seven members comprised of two members of different City Advisory Committees, one
senior citizen representative, and four at large residents to a Local Option Tax
Commission. He stated that after several weeks of advertising in the Star News, eight
letters of interest were received for serving on the committee. He stated that the
membership will have the responsibility of developing annual budgets and to make
recommendations for the use of the local -option non -property tax revenues. Mr. Irwin
stated that letters of interest were received from Henry McCauley, Sherryl Graham,
Louis Blas, Lance Daniels, Rob DeMore, Roger Snodgrass, Stephen Gleason, and Jim
Hinson. He stated that Mr. McCauley and Mr. Snodgrass are members of existing City
advisory committees and Mr. Blas would be considered eligible for appointment as the
senior citizen representative.
Council Member Bertram suggested that the appointments be made based upon the
date that the letters of interest were received from the applicant.
Council Member Bertram moved to appoint Henry McCauley, Sherry) Graham,
Louis Blas, Lance Daniels, Rob DeMore, Roger Snodgrass, and Stephen Gleason
to the Local Option Tax Commission. Mayor Eimers seconded the motion. All
Council Members voted aye. The motion carried.
Council Member Greer requested that a letter of thanks be sent to Jim Hinson for his
willingness to volunteer for the position.
AB 05-43 Appointments to the Planning and Zoning Commission
Mr. Kirkpatrick stated that two seats on the Planning & Zoning Commission are up for
renewal. He explained that one is for a City resident and is currently held by Jeff
Schoedler, and the other is for an impact area resident and is currently held by Phil
Feinberg. Mr. Kirkpatrick stated that both members have expressed interest in being
reappointed. He explained that the positions have been advertised in the Star News
and no other applicants have come forward. Mr. Kirkpatrick added that Dottie Moore
has indicated that she will be submitting her resignation from the Commission. He
stated that Ms. Moore has agreed to remain on the Commission throughout the
Whitetail application before vacating her position.
Council Member Muller moved to direct the Mayor to appoint Phil Feinberg to the
Planning & Zoning Commission, to a term expiring on January 31, 2008 and to
direct the Mayor to appoint Jeff Schoedler to the Planning & Zoning Commission,
to a term expiring on January 31, 2007. Council Member Robertson seconded the
motion. All Council Members voted aye. The motion carried.
Printed 3/30/2005
Page 15 of 18
February 24, 2005
City Council Minutes
Mayor Eimers announced the appointments of Phil Feinberg and Jeff Schoedler
to the Planning and Zoning Commission.
REPORTS
Mr. Kirkpatrick announced that Robin Potts had submitted her resignation from the City.
He stated that a search for a new Administrative Assistant will begin soon.
Mr. Kirkpatrick stated that Roger Millar will be assuming the duties as the Community
Development Director in the middle of March. He stated that he just learned that Mr.
Millar is a current member of the American Society of Certified Engineers Infrastructure
Committee which will be issuing a report on the infrastructure of the United States. He
stated that Mr. Millar will be testifying before a Congressional Committee and will be
meeting with the Idaho Congressional Delegation.
Mr. Kirkpatrick reported that a RFP regarding the impact fee study hasn't been issued
yet.
Mr. Kirkpatrick stated that initial work has begun on drafting a RFP for a wastewater
treatment facility plan. He stated that he plans on talking to various engineering
companies and the Sewer District to begin the process.
Mr. Kirkpatrick announced that the Planning and Zoning Commission will be holding a
work session to discuss revisions to the Zoning Ordinance.
Mr. Kirkpatrick stated that the annexation request for the Whitetail development and the
Payette View Condos request for a street vacation will be placed on the March 24th
Council agenda. He stated that agenda bills regarding the fire station remodel and Golf
Course Department restructure will be placed on the next Council agenda.
Council Member Robertson stated that he received a phone call complaining of the
amount of dust on Highway 55. He stated that he would like to see the streets swept
on a more frequent basis.
Council Member Robertson stated that the City paid $235,000 for the last wastewater
facility plan and was concerned that the estimate from Holladay Engineering was too
low. He recommends choosing a large engineering firm with credibility to conduct the
study.
Council Member Robertson stated that the Golf Course management committee would
like to discuss the golf rate proposal before any action is taken.
Printed 3/30/2005
Page 16 of 18
February 24, 2005
City Council Minutes
Council Member Robertson requested that Mr. Kirkpatrick compose a letter to the
Sewer District asking them to cite a specific number of how much recent development
has been approved by the District. He stated that the data is essential for the City to
determine how much capacity is available in the sewer system.
Mr. Kirkpatrick stated that he has contacted the Sewer District which informed him that
the data needs to be compiled.
Council Member Muller requested that a written policy regarding the use of unmarked
police vehicles be developed and presented to the Council. He stated that he would
also like to see a copy of the standards and goals that are developed for the Police
Advisory Committee.
Council Member Muller stated that he is still waiting to receive a statistical report on
youth crime from the Police Chief.
Council Member Bertram stated that since the impact fee study will not be completed
before the building season is over the City needs to consider other avenues of
collecting revenue for the expansion of the sewer system.
Mr. Kirkpatrick stated that he is currently reviewing the water and sewer connection
charges to ensure the equation captures all applicable costs.
Chris Yorgeson stated that case law dictates that fees have to be reasonably related to
the use of which they are charged. He stated that an impact fee study must be
conducted to establish any fees that would be charged for future improvements or
expansion.
Mayor Eimers asked how the Council would like to respond to the concerns of Dean
Martens regarding the problems with snow removal in his neighborhood.
Council Member Bertram suggested that the City install a sign that restricts on -street
parking during snow removal hours. The Council agreed that a sign should be installed
at the location.
Mayor Eimers stated that the Council needs to consider fully funding the Court Services
Agreement with Valley County with the surplus fund balance.
ADJOURNMENT
Without further business, Mayor Eimers moved to adjourn. Council Member
Greer seconded the motion. All Council Members voted aye. The motion carried.
The Council adjourned at 9:32 p.m.
Printed 3/30/2005
Page 17 of 18
February 24, 2005
City Council Minutes
Kirk L. Eimers, Mayor
ATTEST:
Dan Irwin City Clerk
Printed 3/30/2005
Page 18 of 18
February 24, 2005
City Council Minutes