HomeMy Public PortalAboutCouncil Minutes 2006 02/23MINUTES
McCall City Council
Regular Meeting
February 23, 2006
TABLE OF CONTENTS
CALL TO ORDER AND ROLL CALL
WORK SESSION - POLICE DEPARTMENT
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT
CONSENT AGENDA
BUSINESS
EXECUTIVE SESSION
BUSINESS
REPORTS
COMMITTEE MINUTES
ADJOURNMENT
CALL TO ORDER AND ROLL CALL
Mayor Robertson called the regular meeting of the McCall City Council to
order at 4:05 p.m. Council Member Bailey, Council Member Bertram,
Council Member Kraemer, Mayor Robertson, and Council Member Scott
answered roll call. A quorum was present.
Bill Nichols, City Attorney, was present.
City staff members present were Lindley Kirkpatrick, City Manager; Brenda
Loftis, Human Resource Director; and Jerry Summers, Chief of Police.
WORK SESSION
Police Department
MCCALL CITY COUNCIL MINUTES
February 23, 2006 Regular Meeting
1 of 13
The following City staff members joined the meeting in progress: Roger Millar,
Community Development Director; Michelle Groenevelt, Community Planner;
Rich Harvey, Airport Manager; Linda Stokes, Accounts Payable; Kristi Foster,
Treasurer; and Joanne York, City Clerk. Also present was Lee Heinrich, Valley
County Clerk.
At 6:01 p.m. Mayor Robertson led the audience in the Pledge of Allegiance.
PUBLIC HEARING
Mayor Robertson called for public comment at 6:03 p.m.
Alana Shoemaker thanked Council Member Kraemer for listening and
responding to public comments concerning the 35' height limit. Ms.
Shoemaker said she would like the Council to make better reports to the
public. She believed the most important issue was housing and urged Council
to really listen to the people.
Dottie Moore also thanked Council Member Kraemer for standing up for his
beliefs and for those of the people who voted for him. She expressed concern
about preserving the 800 feet along the lake and stated that people come to
McCall to see the lake.
Travis Lundquist stated that land and resources are disappearing in McCall. He
believed that more supply will bring prices down. He stated that McCall needs
to have a convention center and that a new hotel will bring a lot of money to
the community as a whole.
John Sabala stated his concern that we cannot have growth as long as we do
not have adequate sewer, which along with water issues, prohibits growth. He
said the City should solve those issues before addressing height limits.
Hearing no further comments, Mayor Robertson closed the Public Hearing
at 6:17 p.m.
CONSENT AGENDA
Council Member Bertram moved to approve the Consent Agenda and
authorize the Mayor to sign all necessary documents. Council Member
Bailey seconded the motion. All members voted aye. The motion carried.
MCCALL CITY COUNCIL MINUTES
February 23, 2006 Regular Meeting
2 of 13
BUSINESS AGENDA
AB 06-51 Valley County Report from Lee Heinrich, Valley County Clerk.
Mr. Heinrich gave a short historical report on the Valley County Annex and
court services offered there. He said the facility could no longer handle the
volume and that there was a safety issue that needed to be addressed. He said
that Judge Williamson recommended writing a consent letter, stating that the
County did not want to close the Annex but wanted to suspend court filings,
and to have an agreement between the County and the City of McCall not to
schedule any more hearings at the Annex. Mr. Heinrich said that they hope to
build another facility in the future. Mr. Heinrich said the County will continue
to hold juvenile court at the Annex and that everything will remain the same
except that adult court will be held at the County.
The Council thanked Mr. Heinrich for his presentation.
AB 06-50 FY05 Audit Report.
Mr. Kevin Smith, of Eide Bailey, distributed copies of the audit report to
Council. He explained the audit process and discussed the audit results,
stating that the City had been issued an unqualified opinion, which was the
highest rating. Mr. Smith referred to page one, paragraph four, stating that
there was a bit of uncertainty reflected due to the sewer issues because of the
appeal process which had to be disclosed. The conclusion of the audit was that
there were no significant problems. Mr. Smith expressed appreciation to Linda
Stokes for doing a remarkable job. He also said that the past staff had done a
great job getting to this point, and that with the current staff he believed the
City was in great hands.
AB 06-48 SUB 05-12 and PUD 05-4: Village at Deer Forest Final Plat, Final
Plan and Related Development Agreement.
Michelle Groenevelt introduced this item, stating that the Planning and Zoning
Commission recommended the Council approve the final plat and the final
plan. There was some discussion that some properties would be under the new
overlay design and would require additional approval from Planning and
Zoning. Mr. Millar assured the Council that an applicant would have to submit
a scenic route site plan to the Planning and Zoning Commission. Mayor
Robertson noted that the Mayor's signature line needed to be corrected.
Council Member Scott moved to adopt the draft Findings and Conclusions
and approve the Final Plat for SUB-5-12 and the Final Plan for PUD-05-4,
Village at Deer Forest. Council Member Bertram seconded the motion. In a
roll call vote, Council Member Scott voted aye, Council Member Bertram
voted aye, Council Member Bailey abstained, Council Member Kraemer
MCCALL CITY COUNCIL MINUTES 3 of 13
February 23, 2006 Regular Meeting
voted aye, and Mayor Robertson voted aye. The motion carried with four
ayes and one abstention.
Council Member Scott moved to approve the related Development
Agreement with the correction to the Mayor's signature line, and authorize
the Mayor to sign. Council Member Bertram seconded the motion. In a roll
call vote, Council Member Scott voted aye, Council Member Bertram voted
aye, Council Member Bailey abstained, Council Member Kraemer voted aye,
and Mayor Robertson voted aye. The motion carried with four ayes and
one abstention.
AB 06-56 Assignment/Assumption of Brown/Dorris Hangar Lease,
Hangar 106A.
Rick Harvey, Airport Manager, introduced this item, stating that the Airport
Advisory Committee had both reviewed and approved it, contingent upon the
Airport Manager sending a letter to all owners within this hangar row that there
existed the possibility of their property being bought by the City for future
hangar development. A copy of the letter had been provided the Council in
their packets.
Council Member Scott moved to approve the assignment/assumption of
the City's hangar lease with Mr. Brown to Mr. Dorris. Council Member
Bailey seconded the motion. All members voted aye, and the motion
passed unanimously.
AB 06-47 Resolution 06-08 - Amend Resolution 05-21 Wastewater Policy to
change the limitation on the issuance of additional service hookups and
provide an effective date.
Mr. Millar, Community Development Director, introduced this item, noting the
following:
1) The City had new and refined information from CH2M HILL; 2) DEQ
discussion was ongoing; and 3) March 21 will mark the end of the moratorium.
There was much discussion concerning sewer capacity, water quantity available,
and allocations of building permits. Mr. Millar explained how a "pool" system
would work for issuing permits, and how to create fairness for both large
developers and single residential developers.
Mayor Robertson said there needs to be provision for runoff before the
irrigation season starts for this year, if possible. Mr. Millar explained that the
City will have a long-range plan in twelve to fifteen months. Mr. Millar also
stated that the City is committed to reporting monthly to DEQ and to Central
District Health with a declining balance report indicating the water status.
MCCALL CITY COUNCIL MINUTES 4 of 13
February 23, 2006 Regular Meeting
c
c
Council Member Bailey moved to adopt Resolution 06-08 and authorize the
Mayor to sign all necessary documents. Council Member Bertram seconded
the motion. In a roll call vote, Council Member Bailey, Council Member
Bertram, Council Member Kraemer, Mayor Robertson, and Council Member
Scott all voted aye. The motion passed unanimously.
AB 06-52. AB 06-53. AB 06-54. and AB 06-55.
Mr. Millar asked the amendment issues be addressed in the following order:
February 22, 2006 memo; February 21, 2006 memo; and then the four
ordinances.
The February 22. 2006 Memo.
There was discussion concerning access to rooftops, whether or not to allow
stairways with entrances that would be 10' above the roof line, including 4'
railings, without blocking views of the lake, and how to soften the appearance
of such structures. Mr. Millar emphasized that all plans would be subject to
design review and that the design review will be a mechanism to manage
height.
Council Member Bailey moved to approve the revision to the definition of
building height as it is written in the February 22, 2006 memo. Council
Member Kraemer seconded the motion. All members voted aye, and the
motion passed unanimously.
Amendment B.
In Table 3.4.02, professional offices in the Central Business District are limited.
The definition of "professional office" did not specifically list real estate brokers
and agents, title companies, and subdivision or fractional ownership sales and
marketing. Mr. Millar explained that he wanted the definition to be very clear.
Mr. Millar explained that goal was to have something interesting to look at on
the street, to get offices off the street front.
Mayor Robertson moved to accept the recommendation and modify the
definition "professional office". Council Member Scott seconded the
motion. All members voted aye, and the motion passed unanimously.
Table 3.4.02.
Mr. Millar explained some minor changes for Table 3.4.02 to correct the
numbering in the footnotes.
Mayor Robertson asked the Council for a vote to approve these changes.
All members voted aye, and the motion passed unanimously.
The Council also approved a few simple housekeeping changes.
MCCALL CITY COUNCIL MINUTES 5 of 13
February 23, 2006 Regular Meeting
Chapter 10, A and B.
Mr. Millar explained that these two are related and that the Council had the
option to either delete these or to modify them. Mr. Millar recommended
modifying the wording to address specifically the lake front property in the
Central Business District. Mr. Millar recommended changing wording from
"such as" to "shall include" in reference to amenities and public benefits
required for projects that would exceed the height limit. He said that these
items will be incorporated into the PUD application process rather than just
being suggestions.
There was discussion concerning adding a maximum height limit. Council
Member Kraemer stated he would like to keep the maximum height at 35'
because once the height was raised, they would not be able to lower it. He
raised the question of whether or not this issue could go before the public in a
vote.
Bill Nichols, City Attorney, explained that there is no prohibition against
advisory votes. He cautioned, however, that once that door was opened, there
would be an expectation on the part of the public that the City would bring
other issues to ballot.
There was further discussion on the issue of a public vote. Mayor Robertson
reminded the Council that McCall did not have a town hall form of leadership
so it was not necessary to have polls on tough issues. Council Member Bailey
stated that the function of the Council was to make decisions and that the
public hearing process allowed the public to have their say.
Council Member Bailey explained that the reason why the Planning and Zoning
Commission passed the height issue on to the City Council was to allow for
more public debate.
Council Member Scott said that she wanted the Council to be able to hold their
heads up high in five years or so, knowing that they allowed opportunity to
preserve physical and visual access to the lake. She stated that if going up one
or two stories was necessary to make that happen and to make the town more
vibrant, then that was what the Council needed to do. She said the change did
not mean approval but would allow the Council the opportunity to look at
options.
Council Member Bertram said that McCall did not have an attractive corridor to
access the lake and that it would be irresponsible for the Council to not even
look at projects. She stated that changes to the "shall be's" would only give the
town more access to the lake and that if they closed the door on this issue, the
MCCALL CITY COUNCIL MINUTES 6 of 13
February 23, 2006 Regular Meeting
community would not have any say so. She said the Council needed to look at
the feasibility of remodeling downtown. She stated she wanted to place a limit
on the height but wanted the people to be able to come to the Council with
projects.
Mayor Robertson emphasized that more restaurants would bring more people.
There was discussion concerning the PUD process.
Council Member Bailey moved to delete paragraphs 3.10.07H and 3.10.08L
from Title III. Council Member Kraemer seconded the motion.
In a roll call vote, Council Member Bailey voted aye, Council Member
Kraemer voted aye, Council Member Bertram voted nay, Mayor Robertson
voted nay, and Council Member Scott voted nay. The vote was three nays
and two ayes; the motion failed.
There was more discussion concerning a maximum height limit.
Council Member Scott moved to accept the amendments as written in
Chapter 10, 3.10.07 and 3.10.08, with the inclusion of a maximum height of
50' in that area. Mayor Robertson seconded the motion.
In a roll call vote, Council Member Scott voted aye, Mayor Robertson voted
aye, Council Member Bertram voted aye, Council Member Kraemer voted
nay, and Council Member Bailey voted aye. The vote was four ayes and one
nay, and the motion carried.
Amendment 1
Mr. Millar introduced the first amendment on the February 21 st memorandum,
which was to substitute 18% for 24% in 9.7.10A, and the staff recommendation
was for denial.
There was much discussion concerning this issue. Council Member Kraemer
believed that it was important to stay with 24% to provide much needed
housing. Council Member Bertram favored lowering it to 20% to stimulate
commercial growth. Council Member Bailey spoke in favor of 20%. Council
Member Scott recommended 1 5% to stimulate building now and then revisit the
issue in twelve months. Mayor Robertson stated his major concern was the
business vitality in McCall and said that McCall had a very narrow set of
opportunities for new subdivisions or for annexations. He stated the Council
needed to focus on vitality and growth for McCall and recommended 1 5%.
MCCALL CITY COUNCIL MINUTES 7 of 13
February 23, 2006 Regular Meeting
Council Member Bailey moved to modify 9.7.10A, Inclusionary Housing, to
change the 24% to 20%. Council Member Kraemer seconded the motion. In
a roll call vote, Council Member Bailey voted aye, Council Member Kraemer
voted aye, Council Member Bertram voted aye, Mayor Robertson voted nay,
and Council Member Scott voted nay. The vote was three ayes and two
nays, and the motion carried.
Amendment 2, Section 9.7.10A2.
Mr. Millar explained that this change was to clarify the language.
Mayor Robertson moved to accept the change. Council Member Bertram
seconded the motion. All members voted aye. The motion carried.
Amendment 3, Section 9.7.10A3.
Mr. Millar recommended changing the language from "dispersed throughout" to
"in such a manner as to create an integrated subdivision."
Council Member Bailey moved to accept the amendment to Section
9.7.10A3. Council Member Scott seconded the motion. All members voted
aye. The motion carried.
Amendment 4
Mr. Millar recommended substituting language in A, "Constructing community
housing offsite conflicts with one or more of the Comprehensive Plan goals",
and C, "The opportunity exists to construct the units in conjunction with other
community housing." He said the idea was to substitute some language to say
that some combination conforms and that covers the intent of the existing C.
Amendment 5
Mr. Millar recommended deleting paragraph C because it was already covered
in paragraph A.
Mayor Robertson moved to accept Amendments Four and Five as
recommended by staff. Council Member Bertram seconded the motion. All
members voted aye. The motion carried.
Amendment 6, Section 9.7.10A4, Community Housing Offsite.
Mr. Millar stated this amendment was to clarify the language.
Mayor Robertson moved to accept this amendment as recommended by
staff. Council Member Kraemer seconded the motion. All members voted
aye. The motion carried.
Amendment 7, Section 9.7.10A4A.
MCCALL CITY COUNCIL MINUTES 8 of 13
February 23, 2006 Regular Meeting
Mr. Millar recommended approval of this amendment.
Council Member Bertram moved to accept this amendment as
recommended by staff. Mayor Robertson seconded the motion. All
members voted aye. The motion carried.
Amendment 8, Section 9.7.10A4E.
Mr. Millar said this concerned off -site housing. He stated the goal was to put
housing where community services were located.
Council Member Bailey moved to accept 9.7.10A4E as written. Council
Member Kraemer seconded the motion.
There was discussion concerning how the percentages would affect the
economy.
In a roll call vote, Council Member Bailey voted aye, Council Member
Kraemer voted aye, Council Member Bertram voted aye, Mayor Robertson
voted nay, and Council Member Scott voted nay. The vote was three ayes
and two nays. The motion carried 3 - 2.
Amendment 9, Section 9.7.10.A5A, Land Conveyance.
Council Member Bailey moved to accept this amendment as recommended
by staff. Council Member Scott seconded the motion. All members voted
aye. The motion carried.
Amendment 10, Section 9.7.10.A5B. Land Conveyance.
Mayor Robertson moved to accept this amendment as recommended by
staff. Council Member Bailey seconded the motion. All members voted aye.
The motion carried.
Amendment 11
Mr. Millar stated this item would amend Section 9.7.1OA7D, Deed Restrictions.
Council Member Bailey moved to accept this amendment as it stands,
designating twelve (12) months. Council Member Kraemer seconded the
motion.
Council Member Scott moved to amend the original motion to "six (6)
months." Mayor Robertson seconded the motion. In a roll call vote, Council
Member Scott voted aye, Mayor Robertson voted aye, Council Member
Bailey voted nay, Council Member Bertram voted nay, and Council Member
Kraemer voted nay. The vote was three nays and two ayes; the motion
failed.
MCCALL CITY COUNCIL MINUTES 9 of 13
February 23, 2006 Regular Meeting
Council Member Bertram moved to amend the motion to "nine (9) months."
Council Member Scott seconded the motion. In a roll call vote, Council
Member Bertram voted aye, Council Member Scott voted aye, Council
Member Bailey voted nay, Mayor Robertson voted aye, and Council Member
Kraemer voted nay. The vote was three ayes and two nays; the motion to
approve the amendment carried.
In a roll call vote to approve the motion as amended to "nine (9) months",
Council Member Bertram voted aye, Council Member Scott voted aye,
Council Member Kraemer voted nay, Mayor Robertson voted aye, and
Council Member Bailey voted aye. The vote was four ayes and one nay; the
motion carried.
Amendment 12. Section 9.7.10A9A2, Inclusionary Housing Plan.
Mr. Millar said the amendment concerned payment.
Council Member Scott moved to accept the amendment as written. Mayor
Robertson seconded the motion. All members voted aye, and the motion
carried.
Amendment 13. Section 9.7.10A10, Community Housing Guidelines.
Mr. Millar said the amendment added the sentence, "If any conflict should arise
between the Community Housing Guidelines and this ordinance, the provisions
contained in this ordinance shall control."
Mayor Robertson moved to accept this amendment as recommended.
Council Member Bailey seconded the motion. All members voted aye. The
motion carried.
Amendments 14 and 15. Section 9.7.10A13.
Mr. Millar said these two amendments concerned the same issue and would be
considered together. There was some discussion concerning the meaning of
"reasonable". Mr. Nichols, City Attorney, said the amendment essentially said
there had to be a reason and some connection; the decision cannot be
arbitrary.
Mayor Robertson moved to approve points 14 and 15. Council Member
Kraemer seconded the motion. All members voted aye. The motion
carried.
Mr. Millar introduced the four ordinances. He stated the staffs intent, if the
Council approved the ordinances tonight, was to publish the summaries in the
MCCALL CITY COUNCIL MINUTES 10 of 13
February 23, 2006 Regular Meeting
March 16" edition of The Star -News. The summaries will be presented to
Council at the March 9" meeting.
Ordinance 821 - Repeal and Reenact Title III Planning and Zoning
Council Member Bailey moved to suspend the rules and read Ordinance
821 by title only, one time only. Council Member Bertram seconded the
motion. In a roll call vote, Council Member Bailey voted aye, Council
Member Bertram voted aye, Council Member Scott voted aye, Mayor
Robertson voted aye, and Council Member Kraemer voted aye. The motion
carried.
The City Clerk read Ordinance 821 by title only, one time only.
Council Member Bailey moved to adopt Ordinance 821 as read. Council
Member Bertram seconded the adoption. In a roll call vote, Council
Member Bailey voted aye, Council Member Bertram voted aye, Council
Member Kraemer voted nay, Mayor Robertson voted aye, and Council
Member Scott voted aye. The vote was four ayes and one nay. The motion
carried.
Ordinance 822 - Title IX
Council Member Bailey moved to suspend the rules and read Ordinance
822 by title only, one time only. Council Member Kraemer seconded the
motion. In a roll call vote, Council Member Bailey voted aye, Council
member Kraemer voted aye, Council Member Scott voted aye, Council
Member Bertram voted aye, and Mayor Robertson voted aye. The motion
carried.
The City Clerk read Ordinance 822 by title only, one time only.
Council Member Bailey moved to adopt Ordinance 822 as read. Council
Member Kraemer seconded the adoption. In a roll call vote, Council
Member Bailey voted aye, Council Member Kraemer voted aye, Council
Member Bertram voted aye, Mayor Robertson voted aye, and Council
Member Scott voted aye. The motion carried.
Ordinance 820 - Community Housing
Council Member Kraemer moved to suspend the rules and read Ordinance
820 by title only, one time only. Council Member Bertram seconded the
motion. In a roll call vote, Council Member Kraemer voted aye, Council
Member Bertram voted aye, Mayor Robertson voted aye, Council Member
Bailey voted aye, and Council Member Scott voted aye. The motion carried.
The City Clerk read Ordinance 820 by title only, one time only.
MCCALL CITY COUNCIL MINUTES 11 of 13
February 23, 2006 Regular Meeting
Council Member Bertram moved to adopt Ordinance 820 as read. Council
Member Bailey seconded the motion. In a roll call vote, Council Member
Bertram voted aye, Council Member Bailey voted aye, Council Member Scott
voted aye, Mayor Robertson voted aye, and Council Member Kraemer voted
aye. The motion carried.
Ordinance 819 - Inclusionary Housing
Council Member Bailey moved to suspend the rules and read Ordinance
819 by title only, one time only. Council Member Bertram seconded the
motion. In a roll call vote, Council Member Bailey voted aye, Council
Member Bertram voted aye, Council Member Kraemer voted aye, Mayor
Robertson voted aye, and Council Member Scott voted aye. The motion
carried.
The City Clerk read Ordinance 819 by title only, one time only.
Council Member Bailey noted a correction should be made to delete "Zoning
Code", and correct the wording to say, "Subdivision and Development
Regulation Code."
The City Clerk read the corrected title.
Council Member Kraemer moved to adopt Ordinance 819 as read. Council
Member Scott seconded the motion. In a roll call vote, Council Member
Kraemer voted aye, Council Member Scott voted aye, Council Member
Bertram voted aye, Mayor Robertson voted aye, and Council Member Bailey
voted aye. The motion carried.
EXECUTIVE SESSION
At 10 p.m., Mayor Robertson moved to go into executive session per Idaho
Code 67-2345(1f).
Council Member Bertram seconded the motion. In a roll call vote, Mayor
Robertson, Council Member Bertram, Council Member Bailey, Council
Member Scott and Council Member Kraemer voted aye. The motion carried.
At 10:46 p.m., Council Member Bertram moved to come out of executive
session. Council Member Bailey seconded the motion. Council Member
Bertram, Council Member Bailey, Council Member Kraemer, Mayor
Robertson and Council Member Scott voted aye. The motion carried.
MCCALL CITY COUNCIL MINUTES
February 23, 2006 Regular Meeting
12of13
BUSINESS AGENDA, CONTINUED
At this time, Council Member Bailey recused himself from the Council.
AB 06-57 Spring Mountain Meadows Resolution 06-09
Mr. Millar introduced this item.
Council Member Kraemer moved to adopt Resolution 06-09. Council
Member Bertram seconded the motion. In a roll call vote, Council Member
Kraemer, Council Member Bertram, Mayor Robertson, and Council Member
Scott voted aye. The motion carried.
The Council agreed to accept the City Manager's Report via email the following
day.
ADJOURNMENT
Without further business, Mayor Robertson moved to adjourn. Council
Member Bailey seconded the motion. Mayor Robertson, Council Member
Bailey, Council Member Bertram, Council Member Kraemer, and Council
Member Scott voted aye. The motion carried. The Council adjourned at
10:53 p.m.
William A. Robertson, Mayor
ATTEST:
Joan 4 e E. York, Cit Clerk
MCCALL CITY COUNCIL MINUTES 13 of 13
February 23, 2006 Regular Meeting