HomeMy Public PortalAboutCouncil Minutes 2007 08/09MINUTES
McCall City Council
Regular Meeting
August 9, 2007
Agenda
Call to Order and Roll Call
Reports
Public Hearings
Public Comment
Council Talk Time
Consent Agenda
Business Agenda
Executive Session
Adjournment
CALL TO ORDER AND ROLL CALL
Council President Bailey called the regular meeting of the McCall City Council to order at
6:05 p.m. Council Member Bailey, Council Member Bertram, Council Member Kraemer,
and Council Member Scott answered roll call. Mayor Robertson was absent. A quorum
was present.
City staff members present were Lindley Kirkpatrick, City Manager; Fred Quiel, Deputy City
Manager / Administrative Services; David Simmonds, Information Systems Manager; Anne
Kantola, Librarian; Linda Stokes, Finance Manager; Brenda Loftis, Human Resources Director;
John Anderson, Airport Manager; Brock Heasley, Parks and Recreation Director; Carol Coyle,
Grant Coordinator; Steven Hasson, Planning Manager; Allan Morrison, Golf Pro; Eric
McCormick, Golf Course Superintendent; Jerry Summers, Police Chief;
City Attorney Bill Nichols was present.
Council President Bailey led the audience in the Pledge of Allegiance.
REPORTS
Lindley Kirkpatrick, City Manager, introduced the Department Heads to answer questions
regarding their reports, and presented his monthly report to Council, and highlighted the
following:
1. Community Housing. Board of Realtors, MSJ, no decision from bench.
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2. McCall Ave homes complete, problem w floor in one of buildings. One unit has closed.
You have a proposal for landscaping. This is to get started for sod, grass, etc.
3. Pond filling up on Deinhard. Will be doing liner inspection. We failed leak test. Failure
shows 2" a day, would be 800k gallons. Something is wrong with that because we put
that much daily into pond.
4. Budget — on Agenda tonight.
5. Rio Vista Water line., under construction._
6. District Court. Committee will be meeting next week, Wed at noon.
7. Lake Front, Urban Renewal. Agency reconfirmed earlier decision to re bid parking lot
and park improvements. Will do a portion of the work w City crews, paid by Agency.
Two council members on Agency, but Board wants to have good appearance for winter.
Board is meeting again on the 21 sc
8. Mission to Mather. Will now be six days. If not reconfigured, will be next year. The
volume of traffic on highway has ITD concerned. Originally was going to be 9" base,
grind up and have 13" of base. Originally 17 working days. ITD is looking at
alternative, for 9" and lay on top of that, and will take only 6 days. ITD assured us they
will put a "scratch coat" of asphalt on top, so it will be better through the winter. Will be
done by Labor Day.
9. Personnel — New hires, new police officer, only one vacancy in PD. Have conditional
offers out for City Clerk, and Deputy City Manager, Roger's position.
10. DEPARTMENT REPORTS- Usually see Development Status report will come on
Tuesday. Don Bailey requested that minutes of P & Z be posted on the web site. Helpful
to read comments on web site, so can see later.
11. Council Member Bertram- Holding tanks at Airport. Steve was looking into feasibility of
connecting sewer line. The holding tanks will not be allowed, but perhaps could have a
septic tank.
CONSENT AGENDA
Staff recommended approval of the following items:
Minutes — July 12, 2007
Warrant Register printed on August 2, 2007
Payroll Report for Period ending July 27, 2007
AB 07-130 Alcohol Beverage Catering Permits
AB 07-140 Landscaping at the McCall Avenue Homes
AB 07-139 Burial of Overhead Utilities on Third Street, between Washington Street and
Colorado Street
AB 07-131 CUP-07-11: Church of Jesus Christ and Latter Day Saints Building and Parking
lot Expansion
AB 07-136 Merganser Lake: Approval of Final Plat Subdivision (SUB-05-08) and Planned
Unit Development (PUD-05-03)
AB 07-132 CUP-06-23: Roosevelt Place Mixed Use Building
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August 9, 2007
AB 07-133 SUB-07-8: Minor Amendment to Final Plat, Hearthstone Townhomes
AB 07-142 Landscaping Project at McCall Airport
Council Member Bailey moved to approve the Consent Agenda with changes to the
Minutes, and with comments from Don Bailey about under grounding utilities, not
including burying electrical on Third Street by Frontier. The current undergrounding is
for the west side only. Don Bailey corrected the Agenda Bill (AB 07-131) for Merganser
Lake should read "Title 3". Don Bailey wanted to make sure, on CUP-06-23, that both
Whipkey, and Roosevelt are completed this year. The City Manager reassured that both
will be completed this year; they will be on the next agenda.
Council Member Bertram moved to accept the consent agenda with noted corrections to
the minutes. Council Member Scott seconded. Council President Bailey asked for an aye
vote for all in favor. All Council Members voted aye, and the motion carried.
PUBLIC HEARING
AB 07-135 Public Hearing on Fiscal Year 2007-2008 Budget City Manager Kirkpatrick
reviewed the several month budget process: 2 Council work sessions, one with LOT, several
opportunities for public involvement over a period of four months. The budget in front of you
has four changes the Council requested, from the tentative budget you have adopted. We
recommend you leave the public hearing open until August 21, and then, you can adopt the final
budget on August 23.
Council Member Bailey opened the public hearing at 6:31pm
Council Member Bailey, observing that no one had signed up to speak, asked if anyone desired
to speak about the budget.
Amy Pemberton, 706 North First Street, member of the Board of Directors of McPaws, said she
appreciated the support of the City, and know both the City and McPaws are in financial need.
She said McPaws needed more support from governmental entities. Individual members want to
see McPaws with more stable funding, and then they will support. If McPaws closes, the entire
County will be in trouble regarding animal control. Several things have increased costs:
Veterinarian is more costly. We welcome all input from the City. We have tried to develop
income sources of our own, including boarding facilities. McPaws has a contract for services
and if the City does not pay our bill we will need to cut services. We have great volunteers, but
we need a permanent solution to funding.
Council Member Bailey asked if we had a contract with McPaws, and was told by the City
Manager that the contract had expired in January of this year. We had one for several years.
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The contract provided for McPaws taking impounded dogs, and perhaps cats, in exchange for a
fee. Council Member Bailey asked for a copy of the contract for the Council. Council Member
Bailey was asked by Council Member Bertram to talk about his idea for support for McPaws.
He said funding has increased by the City, the LOT funding has fluctuated, but the pot of money
has increased to McPaws. The LOT Commission has held several hearings, and made
recommendations, and the Council accepted the recommendations, for the most part. The
Council had this year paid their surplus over reserves to the Wausau judgment, and all new tax
monies this year, and will be going to court to pay a portion of the remainder. All of the City's
property tax the City can raise in FY'08 will be going to the Wausau judgment. We will have
paid about $900k this year, and we are supporting a recycling center, that citizens are asking us
to support.
Council Member Bailey went on to say, that in thinking about funding for McPaws, he thought
up a plan to go back to the voters, in November, and ask the citizens to support a proposal to
increase the state sales tax by I/4%, and that would raise $200,000. The voters must support a
measure like this by 60%, of those voting. In 2002 a 1% measure was defeated because it only
got 57+% of the vote. The Council has not supported my notion yet, Council Member Bailey,
added. I am going to ask concerned citizens to support this. I propose the first $200,000 go to
McPaws, and if the 1/4% raises more than that, then to the LOT Commission to recommend
funding to the Council.
Council Member Bailey said Sun Valley passed an Ordinance that was valid for 10 years.
Obviously the measure will require 60% of the community to support it. A committee would
have to form to promote this measure. Amy Cruikshank asked if the City and McCall could
form a partnership to promote this campaign. The City Manager cautioned that public money
cannot be used to support a political campaign.
Council Member Bailey reminded that the rest of the Council has not supported this, but this is
just a trial balloon. The City Manager reminded that the prior 3% lodging tax passed in
November and the City began collecting in December. Council Member Bailey reminded that
the staff would need to work with the City Attorney to develop appropriate Resolution,
Ordinances, and an administrative approach to implement a sales tax.
Council Member Bertram reminded that McPaws coming to the Council for funding every year
is not a stable funding source and there should be a more stable way to fund this program on an
ongoing basis. She reviewed the process to pass the Hotel Tax, and it took three or four times to
get it passed.
Christiana Lukens, Kennel Manager at McPaws asked what would happen if the vote did not
pass for next year. The City Manager reminded that the current budget has $71,000 for McPaws,
$60,000 for operations, but McPaws would still get the funding from the City budget for this
year. Council Member Bailey reminded we would look at entire budget to see if there is a way
to trim it, and get additional money.
City Manager Lindley reminded that there is not a current contract in place for McPaws, but we
will develop one, and McPaws will be given money quarterly.
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Michael Anderson, 278 Country Loop, McCall, chaiiiiian and president of McPaws, and
chairman of Lita Anderson foundation, spoke next. He reminded that the foundation has no
more funds. He thanked Council Member Bailey for the creative suggestion of the 1/4% for
permanent funding. He also invited a member of the Council to have a permanent seat on the
McPaws Board.
Council Member Bailey left the public hearing on the budget open, so when the Newspaper
reports are read the Council can receive comments prior to the next meeting. The City Attorney
suggested closing the hearing on August 21, prior to the Council Meeting on August 23, for the
purpose of receiving written comments prior to the August 23 Council Meeting. The public
hearing was left open until August 21, 2007.
Council Member Bertram commented that the Shepherd's Home has funding problems, and
many people have stated that if we question what McPaw's needs, we are animal haters. Now,
we can anticipate that if we further fund McPaws, the Shepherd's Home will say, you took care
of the animals, now take care of the kids. Council Member Bailey asked, "can we afford that
quality of care for animals"? The question is: Are we looking for a $1 million dollar grant for
McPaws in five years?
AB 07-138, Cattail Ridge Subdivision: Zone Map Amendment, Preliminary Plat, and
Planned Unit Development
Steve Hasson reminded that this was scheduled for a public hearing. Take 18 acres and rezone
from R1 to R4. The applicant told us they modified the preliminary plat in front of P & Z, and
staff has no chance to review these changes and we need to see if these changes are substantial or
not. Hasson recommended the Council open the public hearing, take comments, and leave the
hearing open until the next meeting.
Council Member Bailey opened the public hearing at 7:07pm
John Walker 1441 Warren Wagon Road, and the director at Quaker Hill, directly north of this
parcel of land. The scenic byway committee of the County has met on our project to review
projects that come close to the Highway 55. The committee covers development from Adams
Lane to Cascade. Council Member Bailey received the letter and photographs from Quaker Hill.
Tom Turcko, 9721 Letals Head drive. The preliminary plat looks like the original one that was
denied. We have used that property for years for emergency response, and if this project
happens emergency response will not be able to reach our back 40 acres. We have a Zip Line
and need to have people have access to our property for the few injuries we get a year. We were
given an easement across this land originally to have access to our property. We need Tiernan's
property, that is now sold to have access to our property. We have been trying to get a hold of
the developer and his attorney to gain an easement to our property. Council Member Bailey
pointed out that P & Z has accepted this plat.
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August 9, 2007
The City Manager told the Council that they have an incomplete packet on this issue, but, the
issue will be considered at the next meeting. Council Member Bailey suggested they (Turcko)
continue talking to developer to get the easement they need.
Council Member Bailey continued the hearing to a future date. Steve Hasson reminded that they
have not seen the final plat yet. The City Attorney recommended continuing to a date certain so
the public hearing did not need to be publicly noticed again. Steve Hasson recommended the
issue be continued to August 23.
AB 07-137 Louisa Avenue Condominiums: Zone Map Amendment, Preliminary Plat, and
Planned Unit Development
Steve Hasson said this is a preliminary plat to rezone from R4 to R8 to afford expansion of 4 to 7
units, and asked to open the public hearing, but continue to August 23, but inclusionary housing
is tied to Cattail Ridge, and the developer wants to transfer over to the other project. Council
Member Bailey said it looks like significant wetland in the area. Hasson said that as a condition
of approval that if wetland is found, it must be treated as all other wetlands.
Council Member Bailey opened the public hearing at 7:27pm.
Bailey asked that the agreement they signed with Mr. Tiernan for the "Huckleberry Corner" be
extended to the Spring, so the City could go in and clean up the property.
Council Member Bailey continued to the Public Hearing to August 23, 2007.
AB 07-117 Crystal Beach Condominiums: Zone Map Amendment
Steve Hasson reported that this is a rezone that needs to go back to P & Z. We have found out in
the last few days that ITD is planning a major improvement on Mission and Lake and that will
impact where wall and other things are placed. So in discussing this with Andy Laidlaw this
needs to go back to P & Z once this is understood. Mark Woods, Idaho Power, who we were
talking to for under grounding, talked to ITD and they told him we have this improvement at this
intersection, and they will put a left hand turn lane, etc, and the changes are sufficient that this
needs to go back to P & Z. The white fence is likely to be in the ROW.
Council Member Bertram asked if ITD could get a published schedule for these projects. Bill
Keating was talking to ITD about this issue. Crystal Beach wanted to know what ITD's plans
were before committing to a development agreement. Mr. Hasson said that the white wall is
currently within the ROW, and it will cause movement of many things that could impinge on the
ROW. The City Manager recommended remanding this to the P & Z.
Council Member Bailey opened the public hearing at 7:33pm
Council Member Bailey continued the public hearing until the P & Z re hears this issue.
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August 9, 2007
Council Member Scott moved that this item be remanded back to P & Z. Bonnie Bertram
seconded. A voice vote received unanimous support and the motion carried.
PUBLIC COMMENT
Council Member Bailey called for public comment at 7:56 p.m.
Bob Youde 1210 S. Samson Trail, McCall reported that the other members of the P & Z asked
him to discuss the staff changes in the Community Development department. The P & Z wanted
to thank Steve Hasson and wish him good luck in Kuna, and welcomed Michelle Groenevelt, and
said she was smart, well trained, and motivated, and wished her good luck in an office with a
window.
Steve Gleason, 341 Memo , McCall, Chairman LOT Commission, responded to a request for a
review of projects, and he handed out a memo, reviewing projects. The City of Ketchum is
collecting Lodging, Liquor and Sales. Building materials contributes more than liquor.
Ketchum and Sun Valley have a strong commitment to their Chambers of Commerce. They fund
them in hundreds of thousands of dollars. The LOT Commission invited McPaws, Ice Rink,
World Masters, Brock for the seal coat, the Senior Center, and other projects, but they left the
meeting and felt they did not believe they could speak. Council Member Bailey believes
McPaws should be a public, county wide operation, monitored by the County. He also believes
that any extra money from this LOT could potentially go to helping fund the Chamber.
Steve Gleason added that a measure this November could be added to the ballot to permanently
fund McPaws. He would like to see the Sales tax, and perhaps an increase in the Hotel/Motel
Occupancy tax. Visitors pay a good percentage of the sales tax in Ketchum and Sun Valley.
Council Member Bailey suggested that perhaps when the Ordinance is written we can look at
setting the sales tax rate at 1/2%.
Council Member Bertram also said we could increase the Hotel/Motel tax by 2 to 3% more,
instead of a Sales Tax. Steve Gleason said we should leave the sales tax on for McPaws, as well
as increasing the Hotel/Motel tax. Fred Quiel cautioned that there is very little time to prepare
the Ordinance and get it on the ballot. The ballot had to be finalized by the last meeting in
August so the timeline and printing of the ballot deadlines can be met. The City Attorney said
an enabling resolution would be a companion to the Ordinance, and thought we might have to
coordinate with the State Tax Commission. Council Member Bailey said the '02 Ordinance had
a table that computed the tax. He asked Fred Quiel to provide a firm schedule to follow so we do
not miss any deadlines. Fred Quiel added that we will be using an Optical Scan machine to
count votes, and the ballot will have to be specially prepared by ESS in Nebraska.
Council Member Bailey closed the public comment at 8:23p.m.
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August 9, 2007
BUSINESS AGENDA
Themeetingwas called -back -to-order and the Business Agenda began at-8:30p.m
AB 07-134 Through the Fence., Status Report.
John Anderson, Airport Manager, on lease price wanted to: (1) Assure that the through the fence
operators are paying at least parity or more, FAA strongly advises us to do this, (2) How do we
assure we are collecting adequate revenues to pay for the operation of the run way and parallel
taxi ways. The operating income budget shows the forest service is 75% of total income, and
the rest is 25%, if exclude property tax. So, how do we structure an agreement to assure we are
collecting enough now, and in the future. We need to make sure that both on and off entities are
treated equitably.
Council Member Bailey said if current lease holders build a building, they have no capital in
land. Anderson said they provide utility improvements. He tried to look at cost approach of
providing an income stream. FAA orders says we need "parity", so a cost approach of services
could be allocated back to space provided. Bailey said since we do not have to buy the land
there should be some value placed upon us avoiding that cost.
Anderson said that once we grant TTF status to one land owner we must grant to a third party
they sell to. He said we would grant access to the airport for a term, and the bundle of rights
would end after a term. Bailey said Anderson should continue his negotiations.
Judd deBoer, owner of the property in question said before we want to work with the City, and
want to be on a level playing field with the City, and it must be fair. Our number is 13 cents, not
the City's 35 cents. The taxes generated would be about 70,000 a year in property tax so it is a
"win/win" for the City. We would like a consensus tonight. If we are in the ball park, and can
moderate between us, then we can proceed. You saw the jets out there today, and if they had a
place to stay, they would stay overnight. So, we must work with landowners to get the roads
completed, and the TTF agreement finished. Our numbers and we have figures to corroborate it,
are 13 cents.
The City Manager said the difference (35 v 13) is $500 per year, per hanger, and wanted to
confirm that the difference is the deal breaker here. DeBoer said it is a deal breaker. Council
Member Bailey confirmed that the entire Council wants to get this worked out, at a fair
agreement to all. Council Member Scott said she is not sure yet as to what parity is. There is a
difference of 35 to 13, and that is a huge difference. John Anderson said there is a possibility of
compromise.
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August 9, 2007
Council Member Bailey suggested a work session, or special meeting to help resolve this issue.
The City Manager said we need to simply agree on parity, Judd said, and Anderson said "around
20" may work.
Council Member Bailey said his sense is the Council wants to proceed, and would like an
agreement next time. The City Attorney said you need to have agreement in concept first. The
City Manager said deBoer is just asking for an agreement in concept. John Anderson said the
agreement would best be done between the City Manager, himself, deBoer, and the City
Attorney. The City Attorney said, the agreement should include who is going to pay what, the
term, are there escalation clauses, etc., and reach a workable TTF agreement adaptable to
McCall.
AB 07-141 Request for Easement across City property from Ray Alford
The City Manager said a similar request was made in March '05, and what looks like a similar
request happened in September '05. Right before the September minutes you can see a map. It
is west of Mission, south of Deinhardt, and the small triangular piece of ground, adjacent to a
piece of ground the City owns, 80' wide. At one time the Council was going to grant an
easement should the property be developed for affordable housing. Then, that same year there
was an action that resolved the ROW acquisition for an adjacent piece of land for the Lutheran
Church. As part of the ROW resolution the church was granted an easement. Their parcel is
east of the triangular piece, with frontage on Mission. This request is like the request a bit ago,
a request for access across City property. In exchange for this access the City was to receive
100% affordable housing on this property. Mr. Alford did not produce that, but now, Mr.
Alford is back asking for 20% affordable housing. In exchange for access to City property, the
City should receive something of value, that is more than required by City code.
Council Member Bailey questioned Mr. Alford about the four maps in the packet. The City
Manager said there is not access available off of Deinhardt. The Lutheran Church owns the
parcel to the north, and the offer from Mr. Alford was rejected when the church asked too much
for the land. Mr.. Alford said it was back in '04 when they discussed this with Camp Pinewood,
and we had a tentative agreement with some people to put in affordable housing, prior to the
requirement for 20% affordable housing. The affordable housing we agreed to at the time was
for mobile homes. Mr. Alford questioned the need for affordable housing in view of the City's
failure to sell the nine "affordable" houses they now have on the market.
Council Member Bailey made the point that in this zone, you could create a mobile home
subdivision. Mr. Alford said they cannot offer this property to develop because we have no
access to this property. Council Member Bertram pointed out that is not up to the City to market
your property. She reminded that at 100% affordable housing, the City was willing to offer an
easement. She said all Mr. Alford needs is a copy of the minutes where the City promised an
easement for 100% affordable housing.
Council Member Bertram confirmed there is sewer and water access to property. The whole
length of the easement property, from the City is not able to be developed. The City Manager
said there is not a problem with putting a road on the property. The City Attorney said an
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August 9, 2007
easement can include the ability to include improvements to the property. If they have an
easement, and come in for project approval, you can then require them to bring the easement up
to City standards. Mr. Alford is asking to know what a developer of their land is going to be
required to do, in order to acquire the easement.
Council Member Kraemer moved that Mr. Alford be granted an easement in exchange for
40% affordable housing, or in -lieu fees, or a reasonable alternative. The motion was
seconded by Council Member Bailey. Council Member Bailey asked for a voice vote, and
all voted "eye", and the motion passed.
Council Member Bailey said this authorizes staff to negotiate an agreement for the easement.
The City Manager told Mr. Alford that he can propose a written agreement, or the he can wait a
week for the City Manager to initiate a written agreement.
Council Talk Time:
Council Member Bailey opened Council Talk Time at 10:01pm
Council Member Bertram questioned "finance charges" on two credit cards, one for Fred Quiel,
and Jerry Summers. Neither one could be paid within 30 days because both were being disputed,
and both are being adjusted. Neither credit card vendor gave notice until the 30 days was up.
Council Member Kraemer asked about Alan's contract, golf course pro. The City Manager said
the contract will be completed within a month, and on the agenda.
Council Member Bertram said another recycling program, not funded by the LOT, was doing her
own program to recycle aluminum, etc. Her problem was how does the material get taken to the
recycling center. The City Manager said taking them to the center is no problem, it is separating
them that is the challenge.
Council Member Bailey moved to adjourn, all voted "aye", and the motion passed. The
meeting adjourned at 10:05 pm.
ATTEST:
Fred Quiel, Acting City C1er1--Administrative Services
Donald C. Bailey, City CounciPresident
MCCALL CITY COUNCIL REGULAR MEETING
August 9, 2007
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