HomeMy Public PortalAboutCouncil Minutes 2006 09/28MINUTES
McCall City Council
Regular Meeting
September 28, 2006
AGENDA
Executive Session
Call to Order and Roll Call
Public Comment
Consent Agenda
Business Agenda
Committee Minutes
Executive Session
Adjournment
CALL TO ORDER AND ROLL CALL
Mayor Robertson called the regular meeting of the McCall City Council to order at
5:00 p.m. Council Member Bailey, Council Member Bertram, Mayor Robertson,
and Council Member Scott answered roll call. A quorum was present. Council
Member Kraemer was absent.
Bill Nichols, City Attorney, was present. City Manager Lindley Kirkpatrick and Deputy
City Manager Roger Millar were present.
Mayor Robertson moved to go into Executive Session pursuant to Idaho Code §67-
2345(1)f for litigation.
EXECUTIVE SESSION
The Council discussed litigation.
A brief recess was taken after the Executive Session.
Mayor Robertson reconvened the meeting at 6:00 p.m. Council Member Kraemer
joined the meeting at this time.
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City staff members joining the meeting were Anne Kantola, Library Director; Jerry
Summers, Chief of Police; Brock Heasley, Parks and Recreation Director, and Joanne
York, City Clerk.
Mayor Robertson led the audience in the Pledge of Allegiance.
Mayor Robertson added the Emergency Moratorium to the agenda.
PUBLIC COMMENT
Mayor Robertson called for public comment at 6:09 p.m. Hearing no comments,
he closed the public comment section.
CONSENT AGENDA
Staff recommended approval of the following items:
Payment Approval List for Warrant Registers printed on September 20 and September
21, 2006
Payroll Reports for Pay Period Ending September 12, 2006
AB 06-183 Alcohol Beverage Catering Permits
AB 06-182 Xerox Rental Agreement (Police Department)
AB 06-168 Fireworks display at Ackerman wedding
AB 06-191 Tower lease agreement with E-DA-HOE for a television broadcasting
antenna Lease for KSVT
AB 06-189 State/Local Agreement with ITD for Boydstun Street Construction &
Resolution 06-21
AB 06-184 Blanket Assignment & Assumption of Leases for the East Hangar Project
AB 06-185 Procedure for application of hangar deposits to lease payments
AB 06-188 ITD Division of Aeronautics Grant Agreement — Resolution 06-20
Council Member Scott asked about the response to the advertising program for cities
along 1-55. Mr. Kirkpatrick said he would check and email the Council tomorrow with
information on how the advertising program was doing.
There was discussion about the Xerox Rental Agreement for the Police Department.
Mr. Kirkpatrick explained that the increased needs in the Police Department had
necessitated acquiring a more sophisticated machine. Mr. Kirkpatrick said that this
could be deferred to the next meeting in order to bring more details to Council. Council
pulled AB 06-182 from the Agenda and will address it at a future meeting.
There was some discussion about the tower lease agreement with E-DA-HOE, including
questions concerning the term limits, whether or not the City can warrant the amount of
available power, as well as other issues.
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Mayor Robertson moved to approve the Consent Agenda without AB 06-182 and
authorize the Mayor to sign all necessary documents. Council Member Bailey
seconded the motion. In a roll call vote, all members voted aye and the motion
carried.
BUSINESS AGENDA
AB 06-193 2008 Nordic World Masters report from Dennis Coyle
Dennis Coyle, Park Manager for Ponderosa State Park, gave a report on the 2008
Nordic World Masters, stating that it will be one of the premiere events to be held in
McCall. He introduced Erin Roper, Chairperson of the 2008 Nordic World Masters
event. Ms. Roper gave an update of preparations that have already been made for the
World Masters. A letter from John Downing, Director of the USA World Masters, was
distributed to Council. Jim Deverteuil explained that he would be acting as a liaison
between the City and the World Masters committee.
AB 06-186 Parks & Recreation Committee Report — Kevin Briem
Kevin Briem, Chairman of the Parks and Recreation Committee, gave the committee's
annual report to Council. He announced that there will be a public hearing on the jet
skis at Legacy Park on October 18 at 6:00 p.m.
There was a lengthy discussion concerning the bike pathway. Mr. Millar said the
Comprehensive Plan will study all modes of transportation including bicycling and the
need for a bike path. He said they had begun working with the McCall Improvement
Committee and the Parks and Recreation Committee on the preliminary planning.
Mr. Briem said the committee had been dealing with so many issues that they were
considering either splitting their committee into two separate committees — one for
Parks and one for Recreation - or having sub -committees for individual projects.
Ron Rooth, member of the Parks and Recreation Advisory Committee, gave an update
on the status of the Riverfront Park development. There was a lengthy discussion
concerning developing the conceptual plan for the park, how to raise money for it,
whether or not it would be appropriate to hold a bond election, how to encourage
extensive public involvement, and how much staff would be able to contribute to
developing the plan. Mayor Robertson asked that staff come back to Council with
recommendations on how to work towards developing the park plan.
Mr. Briem continued his report, explaining that the committee members visited each
park yearly to assess what areas needed improvement or further development. He
explained that more and better restrooms were needed, especially at Art Roberts Park.
Mr. Briem said the Parks and Recreation Committee would like to have all the City
committees meet together once a year to discuss the issues they were addressing,
even if the meetings involved only one person from each committee.
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Mr. Briem said that Dave Rowe had resigned and that the committee was looking for
volunteers.
There was a discussion about "in lieu of fees collected from developers and the need to
set up a trust fund specifically for those funds.
The Council expressed their appreciation for the report and for the committee members
who showed up.
AB 06-194 Amended Water User and Supply Agreement with J.R. Simplot
Company
Mr. Millar introduced the agenda bill and gave a brief background on the purpose of the
agreement. Mr. Millar said the Public Works Department was ready to start work next
week. Mr. Millar explained that the contract will cover 2007 and 2008 irrigation seasons
and then will be up for a one-year renewal.
Council Member Bailey moved to approve the amended Water User and Supply
Agreement and to authorize the Mayor to sign. Council Member Bertram
seconded the motion. In a roll call vote, all members voted aye and the motion
carried.
AB 06-187 Recommendation for definition of city and non -city patrons for
receiving Library and Recreation services, Resolution No. 06-22 and Resolution
No. 06-23
Mr. Kirkpatrick introduced the agenda bill, explaining the need for a better definition of
who should receive a free library card and that the two resolutions expanded that
definition, using the terms "City patron" and "non -City patron".
Mr. Kirkpatrick said that the Library Advisory Board had determined that anything that
brought more people into the library was a good thing, and the same concept would
apply to the Recreation Department.
Council Member Bertram moved to adopt Resolution 06-22 and authorize the
Mayor to sign. Council Member Kraemer seconded the motion. In a roll call vote,
all members voted aye and the motion carried.
Council Member Bertram moved to adopt Resolution 06-23 and authorize the
Mayor to sign. Council Member Kraemer seconded the motion. In a roll call vote,
all members voted aye and the motion carried.
Council Member Bailey recused himself at this time because he had been chairman of
the Planning and Zoning Commission when the conditional use permit for the fish pen
docks had been discussed.
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AB 06-195 Findings and Conclusions for Conditional Use Permit for Fish Pen
Docks located at Brown Park
Mr. Millar introduced the agenda bill, stating that he was presenting two versions of the
Findings and Conclusions to be considered for adoption. There was discussion
concerning whether or not there would be a dock at Brown Park if the fish pens were
moved. Council Member Bertram emphasized the need to have the fish in the water for
next summer, and Mr. Millar said that both versions included that requirement. Mayor
Robertson said he was in favor of the first version and did not see any benefit to
approving the second version.
Mayor Robertson moved to approve the first version of the Draft Findings and
Conclusions (does not include 2.b) and authorize the Mayor to sign. Council
Member Bertram seconded the motion. In a roll call vote, all members voted aye
and the motion carried.
Council Member Bailey rejoined the Council at this time.
A brief recess was taken until 8:18 p.m.
AB 06-197 Local Option Tax (LOT) Updated Forecast for FY06 Unanticipated
Funds
Council Member Bertram asked that a report be published listing all the projects funded
since the inception of the Local Option Tax. Council Member Bailey added that most of
these projects would not have been completed without the funds provided by the 3%
bed tax.
Mayor Robertson moved to approve the recommended allocations for the Local
Option Tax FY06 revenue and authorize staff to make the appropriate line item
transfers. Council Member Kraemer seconded the motion. All members voted
aye and the motion carried.
AB 06-192 Reconsideration of Ordinance 826 (Interim Moratorium) and
amendment of McCall Citv Code Title 3
Mr. Kirkpatrick asked Council Member Bailey to explain the intent and the content of the
agenda bill.
Council Member Bailey requested that the following motion be considered by the
Council. The proposed motion included the following actions:
1. Adopt the interim moratorium described in Ordinance 826.
2. Direct staff to start the process to amend Title 3 to:
a. Eliminate the ability to apply for a PUD for increased building height in the
downtown Central Business District (CBD) area
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b. Add a note to the dimension table for special use districts that applies the
same CUP and design standards for structures over 35' in the CV district
as in the commercial districts
3. Establish a timeline for the amendment process that includes a P&Z public
hearing on October 24 and a Council public hearing on October 26.
4. Repeal the moratorium if the zoning code amendments are not adopted.
Council Member Bailey said that adopting an interim moratorium would either allow time
for the Code to be revised - in which case the moratorium would not be necessary - or it
would allow time for a decision to be made against revising the Code. He also wanted
to include all the Central Business District in the height limit consideration.
Mayor Robertson asked what provision allowed Council to make a change at this point
in time. Mr. Nichols explained that the issue of when a decision can be reconsidered is
not addressed in the City Code or in the State Statutes. He said that some cities and
counties have specific ordinances on reconsideration of decisions but there was also a
case from Kootenai County that conflicted with that. He said there was no specific
answer but at some point a decision must be final and not revisited, unless Council
decided to go back to the beginning and start all over. He said the Council was limited
as far as guidance available. In this case, Mr. Nichols said it was an issue for the
Council to decide.
Council Member Bailey said it was not necessary to revisit the moratorium except for
the purpose of not holding people in abeyance while the Code changes were being
considered.
There was a very lengthy discussion concerning the reason for requesting these
changes and whether it would be responsible for the Council to revisit this issue.
Council Member Bailey said these changes to the Code would eliminate the controversy
concerning the height limit.
Council Member Bailey moved to reconsider the rejection of Ordinance 826.
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 nay, and Mayor Robertson voted
nay. The motion carried
Council Member Bailey moved to amend Ordinance 826 as follows:
Amend Title 3 to:
a. Eliminate the ability to apply for a PUD for increased building height
in the CBD downtown area
b. Add a note to the dimension table for special use districts that
applies the same CUP and design standards for structures over 35'
in the CV district as in the commercial districts
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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 vote nay, and Mayor Robertson voted
nay. The motion carried 3 to 2.
Emergency Moratorium to address Community Housing due to the recent lawsuit
of the Mountain Central Board of Realtors, Ordinance No. 827
Mr. Nichols introduced the issue concerning an emergency moratorium, explaining that
it was the result of the lawsuit brought against the City by the Mountain Central Board of
Realtors. He explained that the issue was whether to allow any further residential
building applications to be received and building permits to be issued, and whether
relative factors would contribute to an existing problem or make it worse and cause
imminent peril to the City, requiring an emergency moratorium to freeze applications for
residential subdivisions and building permits, to expire after 182 days, or until the
lawsuit was resolved, whichever occurred first. Mr. Nichols said that should Council
want to continue the moratorium after the initial 182 days, they would have to enact an
interim moratorium and bring the issue back to Council after the Planning and Zoning
Commission made recommendations. Mr. Nichols said that Staff had prepared a draft
ordinance in case Council decided to adopt the emergency moratorium, which would
take effect immediately if the ordinance was approved.
Mayor Robertson emphasized that there had been no discussion between the Mountain
Central Board of Realtors and anyone at the City. Mr. Millar reminded Council of the
many public hearings that had been held without anyone from this organization showing
up nor had anyone from that organization contacted staff. Mayor Robertson said the
lawsuit from the board of realtors would not affect the nine affordable housing sites
donated by Greystone because no community housing fees had been involved in that
project.
Council discussed the question of whether or not the lawsuit, with all its implications,
provided an imminent peril to the health and welfare of the people of McCall.
Council Member Bertram observed that this lawsuit would essentially shut down all the
efforts the City had made over the past several years towards developing affordable
housing.
Mayor Robertson explained that the Mountain Central Board of Realtors consisted of
local people.
Mayor Robertson moved to read the Ordinance No. 827 by title only, one time
only. Council Member Bailey seconded the motion.
At this time Council Member Scott, who had participated in the meeting by telephone,
joined the meeting in person.
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In a roll call vote, Mayor Robertson voted aye, Council Member Bailey voted aye,
Council Member Scott voted aye, Council Member Bertram voted aye, and
Council Member Kraemer voted aye.
The City Clerk read the Ordinance No. 827 by title only, one time only.
Mayor Robertson moved to adopt Ordinance No. 827. Council Member Bailey
seconded the motion. In a roll call vote, Mayor Robertson voted aye, Council
Member Bailey voted aye, Council Member Scott voted aye, Council Member
Bertram voted aye, and Council Member Kraemer voted aye. The motion carried.
In other business, Mr. Kirkpatrick reported that Council meeting dates for November and
December needed to be scheduled. He recommended that Council plan to meet twice
each month and that the specific dates could be decided at a later time. He asked that
Council give some thought to available dates and that he would like to keep the
meetings Thursdays if possible.
Mr. Kirkpatrick said that the McCall Skate Park had an impromptu grand opening,
featuring Tony Hawke as a special guest. The principle donor for the skate park was
also introduced. The City will hold a grand opening when the skate park is completed.
Mr. Kirkpatrick reported that as a result of the Airport Master Plan Meeting, the City had
scheduled an additional public session next Monday at the airport.
Mr. Millar reported that the next meeting for the Comprehensive Plan Steering
Committee will be at 7 p.m. on October 11.
Mr. Kirkpatrick reported that the Urban Renewal bonding petition for judicial
confirmation had been filed and the hearing was scheduled for November 15 at 10 a.m.
Mr. Millar stated that the Urban Renewal Board's top priority was to purchase Marie
Owens' property, but that the sale would now roll over to early 2007.
Mr. Millar said that the Waste Water Facility Plan was moving forward and Phase II
would be presented at the October 12 Council meeting. He said he would like to
schedule a 4:00 p.m. Council work session with CH2M HILL at that meeting. He said a
Public Open House was tentatively scheduled for November 2, and that he would notify
the Council when the date was finalized. Mr. Kirkpatrick asked if Council could
schedule the work session for 4 p.m. on October 12. Council Member Kraemer said he
would not be able to attend. Mr. Kirkpatrick said he would brief Council Member
Kraemer on the work session at another time.
Mr. Kirkpatrick informed Council that he had an Interview for the Deputy City
Manager/Administrator position scheduled for next Thursday and Friday.
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Mr. Nichols reported that the judicial review on the Spring Mountain Meadows case had
been settled.
Mr. Kirkpatrick announced that Rick Harvey had submitted his resignation effective the
end of the year. He said that Mr. Harvey had done an excellent job and had been the
best airport manager in recent years.
Council Member Bailey reported on an information meeting he had attended about
funding available to help cities and counties build sustainable communities. He said this
could be a source to help fund the preliminary design on Riverfront Park.
Council Member Bertram said she was concerned that Planning and Zoning be given
adequate information about the emergency moratorium, especially concerning projects
scheduled for their next meeting.
Council Member Bertram asked if a letter could be sent from the City to State legislators
about helping fund the 2008 World Masters. Mayor Robertson said he would work with
Mr. Kirkpatrick to draft a letter.
Mayor Robertson said he had received a letter from the University of Idaho Extension
Office about having a forum for getting youth involved in City government. He said he
would not be able to attend. Council Member Bailey said he would attend.
Council Member Bailey asked who owned the Central Idaho Museum. Mr. Kirkpatrick
replied that the City owned the land and the buildings and leased them to the Central
Idaho Historical Museum. He said the museum was a separate organization with their
own board of directors, and managed and operated the facility. Mayor Robertson said
that Brock Heasley and Monika Trapp had helped a great deal with grounds
maintenance. Mr. Kirkpatrick said the City was helping out in other areas, including
paying the irrigation bill. Council Member Bailey addressed the need for a place to
house historical collections and whether or not the museum had adequate room. Mr.
Millar said that Carol Coyle was working on a grant to update the master plan for the
museum which might allow them to improve their facilities. Mayor Robertson said the
master plan would be the best vehicle to get that accomplished. Council Member Bailey
asked that the lease for the Museum be given more consideration when it was time for
renewal.
Mr. Kirkpatrick said he would prepare an official statement from the Council concerning
the emergency moratorium and have each of them sign it tomorrow.
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ADJOURNMENT
The meeting was adjourned at
D QS:p.m.
William A. Robertson, Mayor
ATTEST:
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