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HomeMy Public PortalAboutCouncil Minutes 2005 12/05 ki MINUTES McCall City Council Regular Meeting December 8, 2005 Table of Contents CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARING • AB 05-238 Zoning Ordinance Amendment: Zone SR, Scenic Route District (Overlay) PUBLIC COMMENT REPORTS • City Manager Report/ Department Reports • Consolidated Monthly Report c CONSENT AGENDA • Minutes of August 11, 2005 • Minutes of October 13, 2005 • Minutes of October 27, 2005 • Minutes of November 10, 2005 • Minutes of November 30, 2005 • Payment Approval List for Warrant Registers for input dates between 11/4/05 and 12/2/05 • Payroll Report for Pay Period Ending November 4, 2005 • Payroll Report for Pay Period Ending November 18, 2005 • AB 05-236 Alcohol Beverage License (Transfer for 2005 — Skater Things LLC) • AB 05 239 Alcohol Beverage License (Renewal for 2006 — Skater Things LLC) • AB 05-233 Alcohol Beverage License (2006 Renewals) • AB 05-232 Alcohol Beverage Catering Permits BUSINESS • AB 05-235 Quarterly Economic Development Update • AB 05-234 SUB-05-3: Fairways Condominiums Phase 3 Final Plat and related Development Agreement • AB 05-237 SUB-05-5: Lick Creek Meadows Phase 1 Final Plat and related Development Agreement REPORTS & COMMITTEE MINUTES • Committee Minutes o McCall Improvement Committee Minutes of October 13, 2005 Printed 1/9/2006 Page 1 of 12 December 8,2005 City Council Minutes o Airport Advisory Committee Minutes of October 13, 2005 ,r o McCall Public Library Board of Trustees Minutes of September 7, 2005 o Transportation Advisory Committee Minutes of October 12, 2005 ADJOURNMENT CALL TO ORDER AND ROLL CALL Council President Robertson called the regular meeting of the McCall City Council to order at 6:02 p.m. Council Member Bertram, Council Member Muller, Council Member Greer, and Council Member Robertson answered roll call. A quorum was present. City staff members present were Lindley Kirkpatrick, City Manager; Kristi Foster, Treasurer; Rick Harvey, Airport Manager; Roger Millar, Community Development Director/Deputy City Manager; Michelle Groenevelt, Community Planner; Allan Morrison, Golf Pro; Anne Kantola, Library Director; Jerry Summers, Police Chief; Dave Simmonds, Network Administrator; and Joanne York, Administrative Assistant. Also present was Bill Nichols, City Attorney. PUBLIC HEARING AB 05-238 Zoning Ordinance Amendment: Zone SR, Scenic Route District (Overlay) Michelle Groenevelt, Community Planner, introduced this amendment. Ms. Groenevelt explained that the overlay, as shown on the map, includes the area from the city limits to about 300' farther south. Ms. Groenevelt stated that the purpose for increasing the overlay district is to allow businesses along the scenic route to perform emergency repairs and interior work during the moratorium, as well as to protect the additional corridors until the new code is in place; the intent of the design review is not to be prescriptive. Council Member Bertram asked if, when the new code is in place it will include a Design Review, and Ms. Groenevelt replied that it will. Ms. Groenevelt clarified that the Council is approving the proposed scenic route that is within the city limits; there are other roads included that go beyond the city limits, and these will not necessarily be approved by the Council. However, these are included on the map because that is what the Code will indicate. Council President Robertson opened the Public Hearing at 6:08. There being no comments, the Public Hearing was closed. („„ Printed 1/9/2006 Page 2 of 12 December 8,2005 City Council Minutes Council Member Bertram asked for clarification of 3-16-030, G, Procedures, #4, stating that the language is vague. Mr. Kirkpatrick said this language is exactly the same as the existing code structure and is a little different from what the proposed language is; it incorporates the new intent into the old code structure. Mr. Kirkpatrick clarified "emergency repairs" to include a building damaged or destroyed by fire, significant structural problems, problems that might lead to serious structural damage such as leaks, etc. — situations which require scenic route approval per today's code. This proposed change would be in effect from now until the new code is adopted. Council Member Greer pointed out that the correct number for this Amendment is 05- 238. Council Member Robertson stated that on page two, under 3-16-030, C, for Setbacks, there should be an exception for setbacks in the specified zone. Under D, Timber Harvesting, of that same section, Council Member Greer asked for clarification as to who would be responsible for determining whether a tree was dead, dying or damaged, and what specifically constitutes a replacement. Mr. Kirkpatrick replied that P&Z requires a landscaping plan. Ms. Groenevelt added that the City Arborist (Monika Trapp) will make determination concerning the status of the trees, and that Community Development will be responsible for enforcement. On page one of the Staff Report, Enhancing the Existing Commercial Areas to Meet Development Standards, Council Member Bertram asked for definition of Development Standards; Mr. Kirkpatrick said this is being developed further. Council Member Bertram said that design review must be included in this. Council Member Robertson asked Ms. Groenevelt to make sure the Council receives the design review. Mr. Kirkpatrick explained that special places could be like Rotary Park because of its unique environment; they could implement ordinances for protection of defined special places. He also discussed how the City will encourage local businesses, that the draft code places some restrictions on chains and franchises. Council President Robertson re-opened the Public Hearing at 6:21 p.m. for any comments for or against this amendment. Gene Gans, 415 Colorado Street. Mr. Gans stated he has been a resident of McCall for 50 years. Mr. Gans said he disagrees and objects strenuously to McCall's expansion and addition of new corridors to the scenic overlay. He said the people in McCall do not need the City telling owners what to do concerning residences on Mission Street or on Samson. He said the average citizen cannot do anything without coming to the City Council. He said the City has added costs to every house, every single thing the citizens do, with building fees, etc., and he believes the City is getting carried away. Hearing no further comments, Council President Robertson closed the Public Hearing at 6:24 p.m. Printed 1/9/2006 Page 3 of 12 December 8,2005 City Council Minutes Discussion followed concerning whether or not Mission Street and Samson Trail should be included in the overlay. Council Member Greer asked for clarification as to whether or not such a change to the amendment would make a new proposal and require a new public hearing. Mr. Nichols replied that the Council can pull back from what is in a proposal, but cannot add to a proposal. Mr. Nichols stated that we will need to prepare a new ordinance to provide these changes; there is no need for a new public hearing. Council President Robertson moved to direct the staff to prepare the ordinance, deleting items 9 and 10 of 3-16-020(A), removing Samson Trail from Deinhard Lane to the southern boundary, and removing West Valley/Wisdom/West Mountain Roads extending to the western/southern boundary from the Overlay District. Council Member Muller seconded the motion. Council Members Robertson, Muller and Bertram voted aye; Council Member Greer voted nay. The motion carried, 3-1. Council Member Greer explained his negative vote, saying he understands what is being said but does not agree with it. He said it seems quite appropriate at this time to take this step and then change it later; he disagreed that once something is changed, it cannot be changed back. He believed that the people who live in a particular area have a vested interest and a right that the City Council can grant; to say we care what this place looks like. PUBLIC COMMENT Council President Robertson called for public comment. Richard Coontz, 706 Saddlehorn. Mr. Coontz handed out reports to the Council concerning the transit system. Mr. Coontz reported on the status of the transit system and relayed to the Council thanks from riders and drivers for providing the transit service. Judy Watkins, Nampa, Idaho, Treasure Valley Transit. Ms. Watkins thanked those on the Council who have served for the past eight years. Bobby Lawrence, EIDE Bailey. Mr. Lawrence reported to the Council that they have completed a successful audit and want to say thank you for the City's help and cooperation. Mr. Lawrence stated the auditors appreciate the working relationship they have with the City of McCall. Gene Gans, 415 Colorado. Mr. Gans addressed the affordable housing issue and said he believes the City should not sell building permits to the highest bidder. As a homeowner in McCall, Mr. Gans said he has to jump through the same hoops as a C Printed 1/9/2006 Page 4 of 12 December 8,2005 City Council Minutes developer does. Mr. Gans requested there be some sort of process or system that allows him to build on his own lot without having to compete with contractors. Hearing no further comments, Council President Robertson closed the public comment at 7:56 p.m. REPORTS Mr. Kirkpatrick introduced the City Manager Report and Department Reports. Mr. Kirkpatrick reported that snow removal at the Airport has been going very well this year. The Airport Advisory Committee is looking at the fee schedule and will ultimately make a recommendation to Council for some sort of revised fee schedule. The goal for this is to make the airport as self-sufficient as possible. Mr. Harvey is working diligently on an idea to locate some additional hangars. Mr. Kirkpatrick reported that the Parks Department is working on the idea of having a Parks Ambassador Program where a couple of folks would be down at the boat launch ramp to welcome people into the community, answer questions, explain how to use the lake properly, and to help with some of the congestion in that area. He said they are also working on the boat craft rental businesses and how to develop those businesses in that area so that the City can control the situation. Mr. Kirkpatrick updated the Council concerning the boat launch repair at Legacy Park, reporting that the Valley County Advisory Waterways Committee has agreed to fund the repair and the work will be done this winter. Mr. Kirkpatrick informed the Council that Jim deVerteuil will start working full-time in the Police Department starting January 9th During discussion of the Library Department Report, the Council expressed thanks to Meg Lojek for her work with the children's program. Mr. Kirkpatrick stated that the Urban Renewal Plan update proposes investments of approximately $4 Million for a parking facility, waterfront improvements, and improvements to Lake Street from Third to Hemlock. He said the Urban Renewal Agency has decided to focus on the existing district boundaries and the Council will have to adopt the Urban Renewal Plan. Mr. Kirkpatrick said the request to amend or adopt a plan will come to the City Council. He said the draft plan has been distributed to the Council and also posted on the City's website. Council Member Bertram said that as soon as possible, the new Council members should be informed on issues concerning the airport and urban renewal and the southern corridor. She recommended scheduling a January work session to accomplish this. Printed 1/9/2006 Page 5 of 12 December 8,2005 City Council Minutes Reporting on the golf course, Mr. Kirkpatrick said the focus has been on maintaining the outside. He said that golf course personnel are working to maintain the greens and keep them free of snow and ice buildup, which in turn, has kept the cart paths clear and available for walking paths. Council Member Bertram asked if there have been any problems with people walking their dogs, and whether or not this is an issue that needs to be addressed. Mr. Kirkpatrick replied he is not sure of what the impacts will be in the spring, and that they are not advertising the walking paths because of this. He said that cross-country skiers have expressed disappointment at not being able to use the paths, but the Nordic program was not as successful financially as they had hoped, and the groomed routes caused visible damage to the greens. Council Member Bertram stated that the formal changes to Mr. Morrison's contract have not been made yet and that a time needs to be set to make that happen. She said it should be included in the work session in January with the new Council. Mr. Kirkpatrick announced that Kristi Foster, the new City Treasurer, started on November 29th, and they are just now ready to tackle the golf issues. He also reported that he is anticipating the auditor's report in late January or early February. Mr. Kirkpatrick said the new Zoning Code is moving ahead and the City P&Z has already recommended it for the Council's action. The County P&Z is considering it tonight and Mr. Millar is attending that meeting. It is anticipated that a joint City Council / County Commissioners public hearing will be scheduled after the new Council is seated, sometime in mid- to late-January, which would still keep us on schedule for a couple of meetings after the public hearing and adoption of the new Ordinance by March 21st when the moratorium expires. Mr. Kirkpatrick said that the City is still hopeful that the moratorium will not have to be extended but that the Council should be open to extending the moratorium for a limited period of time if we are not able to adopt the new code before March 21st Mr. Kirkpatrick said the EPA Smart Growth Charrette final report is on the City's website, and he will provide hard copies of the report to the Council. Mr. Kirkpatrick reported that applications have been received for the city clerk position. He said that until a new city clerk is hired, the Finance Department will take over the LOT allocations. Mr. Kirkpatrick said that the City has completed three months of issuing extra building permits as allocated by Council, and is now back to the normal number of allocations. Mr. Kirkpatrick reported that, on Community Housing, the inclusionary zoning and linkage ordinances have been completed, and the City Attorney is reviewing them. The P&Z has scheduled a public hearing for January 3, 2006. The Staff hopes that P&Z will Printed 1/9/2006 Page 6 of 12 December 8,2005 City Council Minutes make a recommendation that night. He said that will allow the City to bring that lr►` package of ordinances and the new Zoning Code Ordinances to the Council concurrently. Mr. Kirkpatrick stated there might be two separate public hearings, but the Staff is still looking at that March 21st moratorium deadline to get both of those adopted. Mr. Kirkpatrick reported that the County has entered into a contract with Dick Duncan, out of Ketchum, to lay the groundwork for some sort of regional or countywide housing authority, and Mr. Duncan is also committed to the March 21st moratorium deadline. Mr. Kirkpatrick informed the Council that there are vacancies on the following advisory committees: P&Z, TAC, Library, Historical Preservation, LOT, and Parks & Recreation. Mr. Kirkpatrick also reported that the bronze statue donated to the City has arrived and will be stored until time to be presented. Council Member Robertson asked about the Facilities Needs Report. Mr. Kirkpatrick replied that the draft report is being reviewed by the staff and will be presented to Council in January or February. Council Member Robertson asked if the library will want to redo its part. Mr. Kirkpatrick said possibly, but their intent was to plan for and accommodate their growth whether the library is under the City or a District. Mr. Kirkpatrick ended his presentation and asked if there were any questions from the Council. Council Member Muller thanked Mr. Kirkpatrick for a good report. Mr. Nichols informed the Council that the deadline for briefs for the fish pen docks people is December 15th; then the City will have time to reply. Council Member Robertson said he had received an email from Bill McCurdy, saying that oral arguments on Seubert were held last Wednesday and there is no real prediction on when the ruling will be made, but it will not be next week. Mr. Nichols reported that the Spring Mountain Meadows appeal was filed today. Allan Morrison, Golf Pro, thanked Ben Salmon for the nice article in The Star-News about the golf course, and thanked the departing Council members for their work and support. Kristi Foster introduced herself as the new City Treasurer. Anne Kantola, Library Director, informed the Council of some future plans for the library, including some physical improvements such as new carpet. C Printed 1/9/2006 Page 7 of 12 December 8,2005 City Council Minutes Dave Simmonds, Network Administrator, reported there had been a minor outage on the network today. Council Member Greer expressed appreciation to the Council and to the public for their support during his tenure as a council member. A short break was taken from 7:40 p.m. to 7:46 p.m. Council President Robertson explained that the Consent Agenda would be addressed after the Business items so that people participating would not have to stay late. BUSINESS AGENDA AB 05-235 Quarterly Economic Development Update. John Blaye distributed copies of the report to the Council members and gave a brief overview of the report. He informed the Council that it is difficult to get loans for new businesses in this area. He stated he would like to work with Carol Coyle and City staff on developing the Business Park at the airport. Council Member Robertson stated he wants to involve Tamarack in planning the airport Business Park, and Mr. Kirkpatrick added there will be staff involvement. There was discussion on how to best involve Tamarack, Jug Mountain, and other developers in this project. Mr. Blaye said they are also having discussions with a commercial airline and want to go after more federal funding for the airport. Mr. Blaye told the Council there are ten acres on Deinhard that belong to the County; developers are interested and want them to put together an RFP on behalf of the County to build 50 apartments. Mr. Blaye said this project will be turned over to Dick Duncan and his staff. AB 05-234, SUB-05-3: Fairways Condominiums Phase 3 Final Plat and related Development Agreement. Michelle Groenevelt introduced the agreement and said that the staff is recommending final plat approval. Council President Robertson moved to approve the final plat for SUB-05-3, Fairway's Condominiums #3, subject to conditions listed in the Findings and Conclusions. Council Member Bertram seconded the motion. In a roll call vote, all members voted aye. The motion carried. Council Member Robertson moved to authorize the Mayor to sign all necessary papers. Council Member Muller seconded the motion. In a roll call vote, all members voted aye and the motion carried. C Printed 1/9/2006 Page 8 of 12 December 8,2005 City Council Minutes Le AB 05-237, SUB-05-5: Lick Creek Meadows Phase One Final Plat and related Development Agreement. Michelle Groenevelt introduced the agreement and said that the staff is recommending final plat approval. Council Member Robertson asked for clarification of who the owner is; Scott Findlay identified himself as the owner of the property. Council Member Bertram asked for clarification of the designation of the 23-25 acres. Mr. Kirkpatrick replied that the 23-25 acres are for future residential development. Council Member Robertson provided a correction to Article Ill, Section 3.1.15, ii, of the Development Agreement. Mr. Millar returned from the Valley P&Z meeting and joined the Council Meeting in progress. Mr. Millar stated that the wetland and upland areas will be dedicated to the City as open space and will be maintained as a wetland. He said the development will include three active open spaces in the neighborhood. Council Member Bertram said there needs to be something included that deals with noxious weeds. Mr. Kirkpatrick said this was done in the Aspen Ridge Development. Mr. Millar said the applicant will include this in the CC&R's for the project. Council Member Robertson added that the City now has the equipment to treat these weeds. Council Member Bertram asked that approval for the trees and bushes for this project go through the Tree Committee; Mr. Millar said the P&Z will look at these. Council Member Robertson provided some spelling corrections for the amendment. Council Member Greer moved to approve the Final Plat for SUB 05-5, Lick Creek Meadows Phase 1, subject to the conditions listed in the Findings and Conclusions. Council Member Robertson seconded the motion. In a roll call vote, Council Members Bertram, Greer, Muller and Robertson voted aye; the motion carried. Council Member Greer moved to approved the related agreements and authorize the Mayor to sign. Council Member Bertram seconded the motion. In a roll call vote, Council Members Bertram, Greer, Muller, and Robertson voted aye; the motion carried. CONSENT AGENDA Council Member Bertram asked that the City stay involved with the Court Services (reAgreement, as noted in the August 11, 2005 Minutes, page 4, paragraph 6. Printed 1/9/2006 Page 9 of 12 December 8,2005 City Council Minutes Referring to page 14, paragraphs 2 and 3 of the same Minutes, Mr. Kirkpatrick said the McCall Donnelly School District has reinstituted the after school bus to drop off Donnelly kids who participate in extracurricular activities. Council Member Robertson provided corrections to the Minutes. Council Member Bertram asked how long the golf department has before they need to pay off the sprinkler system; Mr. Kirkpatrick said he will check on that. Council Member Bertram asked that the Tree Committee or someone from the City, write a letter to Judd DeBoer, asking for specifics about the donation of trees that he is going to give for the southern corridor, rather than having informal conversation with him on the phone. Council Member Bertram asked if the Council wants to ask about impact fees for schools at the next legislative session. Bill Nichols, City Attorney, replied that the Association of Idaho Cities will be bringing issues up before the next legislative session and that the Council needs to see what is included on their list of agenda items. He said his understanding is that the agenda will include schools and also include a request that smaller cities be able to impose impact fees without having to jump through the same hoops as the larger cities. Council Member Robertson mentioned that Michael Kraemer, one of the new Council members, might be interested in getting more involved with the legislature. Council Member Bertram expressed a desire that the entire Council get more involved. Mr. Nichols said the AIC Legislative Day is usually in late January and is a good venue for interaction with the local representatives and senator. Mr. Kirkpatrick announced that January 26 is the date for the legislative session. Council Member Bertram said the Council should meet with the legislature as a group. Referring to a question in the Minutes from the Mayor concerning the trees at Brown Park, Council Member Bertram asked if the City had received money from both of the parties, stating that at that time, one party had not paid. Mr. Kirkpatrick responded that is possibly still the case. Council Member Bertram said the City needs to pursue that because the replacements were a lot smaller than the trees taken out. Council Member Bertram said the Council never heard back about the incident at the golf course when trees were partially cut and then later fell onto the cart path during a windstorm. Council Member Robertson said no one was found responsible. Council Member Bertram expressed concern that the matter was not adequately pursued, and that the City needs to do a better job of protecting their amenities. C Printed 1/9/2006 Page 10 of 12 December 8,2005 City Council Minutes Li Referring to page six of the November 10, 2005 Minutes, Council Member Bertram asked if the City re-applied for the 319 Grant. Mr. Kirkpatrick replied that this was a new opportunity the staff was considering at that time, but they were unable to come up with an eligible project to submit. Council Member Robertson asked some questions concerning the Warrant Register, including the payment to CH2M Hill, Public Works expenditures, ICRMP payment, and the proper code for the Kelley-Moore payment. Mr. Kirkpatrick announced that the City extended a Conditional Offer today for the Code Enforcement Officer position. Council Member Robertson provided a correction to the Alcohol Beverage License Renewal Requests. Council Member Bertram asked about the liquor liability at the golf course, whether Council members can be sued individually. Mr. Nichols replied that ICRMP will take care of these issues; the Council sets policy and adopts regulations. Mr. Kirkpatrick added that the purpose of the paper signed by the Council members for the golf course was only to allow them to see financial information. Mr. Millar reported that the Valley County Planning & Zoning Commission has recommended to the County Board the approval of the new Zoning Subdivision Ordinance as amended by the City Planning & Zoning Commission with two conditions tw or reservations: 1) they would like to see the amendments related to hotel use - 50' height, distance from the shoreline, etc. - be taken out; and 2) they would like to see that there be no architectural review of residential structures. Mr. Millar said they hope to have the Planning & Zoning Code ready for approval by the time the moratorium expires. Mr. Millar reported that Hugh Somerton resigned from the Valley Planning and Zoning Committee due to medical reasons. Mr. Millar said he expressed appreciation to Mr. Somerton on behalf of the City Council for his work on the Committee. Council Member Greer moved to approve the Consent Agenda as amended and authorize the Mayor to sign all necessary documents. Council Member Muller seconded the motion. In a roll call vote, Council Member Bertram, Council Member Greer, Council Member Robertson and Council Member Muller voted aye. The motion carried. C Printed 1/9/2006 Page 11 of 12 December 8,2005 City Council Minutes C ADJOURNMENT Without further business, Council President Robertson moved to adjourn. Council Member Muller seconded the motion. All Council Members voted aye. The motion carried. The Council adjourned at 9:18 p.m. :.:' I (1u- Bill Robertson, Council President ATTEST: AliZialt°4 C, • . - , --•- - • ;l iY(t,„ K O ue►' on 4(AA' Ut,tk, C Printed 1/9/2006 Page 12 of 12 December 8,2005 City Council Minutes