HomeMy Public PortalAboutCouncil Minutes 2007 08/23MINUTES
McCall City Council
Regular Meeting
August 23, 2007
Agenda
Call to Order and Roll Call
Public Hearings
Public Comment
Council Talk Time
Consent Agenda
Business Agenda
Committee Minutes
Adjournment
CALL TO ORDER AND ROLL CALL
Mayor Robertson called the regular meeting of the McCall City Council to order at 6:09
p.m. Council Member Bailey, Council Member Bertram, Mayor Robertson, and Council
Member Scott answered roll call. Council Member Kraemer was absent. A quorum was
present.
City staff members present were Lindley Kirkpatrick, City Manager; Fred Quiel, Deputy City
Manager/Administrative Services; Michelle Groenevelt, Planning Manager; John Anderson,
Airport Manager; Anne Kantola, Library Director; Brenna Chaloupka, Administrative Assistant,
City Manager and Bill Nichols, City Attorney.
Mayor Robertson led the audience in the Pledge of Allegiance.
PUBLIC HEARING
AB 07-146 Proposal for Fee Increases: Police, Library, Parks & Rec., Airport
Fred Quiel, Deputy City Manager / Administrative Services, introduced the proposal and stated
the Parks & Recreation, Library, Police and Airport Departments were requesting fee increases
to recover the costs associated with delivering the services provided.
Mr. Quiel stated the Parks & Recreation Department was requesting to increase the Adult
Softball team registration fee from $225 to $250. This request is being made to cover the
increased costs associated with an increased number of teams, which creates the need for an
increased number of games, umpires, equipment, and field use.
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Anne Kantola, Library Director, stated the Library Department was requesting to increase the
cost of copies from .20 to .25 cents in order to cover the increasing cost of paper, ink, printers,
etc., adding it would also be easier to make change.
Mr. Quiel stated the Police Department was requesting fee increases to cover the costs associated
with finger printing and ticketing.
John Anderson, Airport Manager, stated the standards set by the FAA to maintain an airport at a
break even or better status justifies the fee increase requests. Mr. Anderson explained each item
on the list of items he was requesting a fee increase for.
Mayor Robertson opened the public hearing at 6:29 p.m.
Michael Anderson stated he was speaking on behalf of the existing and perhaps future tenants of
the airport. Mr. Anderson stated the concept of charging a lease transfer fee for existing leases is
unsupportable because it is inconsistent with the contract existing tenants have signed, and to
charge a lease transfer fee on new leases would imply the City is attempting to profit on someone
else's investment.
Mr. Anderson added that the City has the mechanism in place through increased land lease rates
to match the increased land values, and in his opinion, it would be wrong for the City to charge a
fee or take a piece of the sale price of any of the improvements.
Mr. Anderson concluded his public comment by stating he is opposed to charging a non -tenant
commercial fee if it was done so to create a protectionist situation where existing tenants were
protected from outside competition.
Public Hearing closed at 6:32pm.
Mayor Robertson asked Mr. John Anderson, Airport Manager, what other airports did, regarding
commercial fees. Mr. Anderson replied that most airports rules and regulations stated that
anyone doing business on the airport must have an agreement, and pay a fee, with the airport.
There was much discussion surrounding the commercial fee increase. Mr. Anderson stated it
would be prudent to start looking at the FAA standards for certificated airports, and to start
planning for a Safety Management System, which would provide for well defined, international
standards.
Regarding land lease agreements, Council Member Bailey asked what work or what cost was
involved with these transfers of ownership. Mr. Anderson explained the process for generating a
lease agreement could be relatively simple or quite complex.
Council Member Bertram stated the Lease Assignment Fee sounded like a real estate transaction
fee.
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Council Member Bailey stated he did not feel the 1% fee was fair, because it doesn't necessarily
reflect the cost of the work, but that a fixed flat fee may be more appropriate, and suggested
tracking these costs for a period of time and report back at a later date. Council Member Bailey
suggested a flat fee of $1000.
Council Member Bailey moved to direct staff to proceed with the resolution to reflect the
fee increases with the exception that the 1% fee associated with lease assignments be
deleted and moved that the fee increases take place the beginning of the new fiscal year.
Mayor Robertson modified the motion, directing staff to create an ordinance to address the
last two items of the airports request and have it completed by October 1, 2007. Mayor
Robertson seconded the motion. Council Member Scott abstained. In a roll call vote,
Council Member Bailey, Mayor Robertson, and Council Member Bertram said aye and the
motion passed with 3 votes.
AB 07-116 ZON-07-1: Zoning Map Amendment
Bill Nichols, City Attorney, presented this agenda bill and stated some of the issues associated
with the airport rezone could be addressed with the conditions of a development agreement in
the absence of an ordinance change. Mr. Nichols stated he was in the process of drafting a
development agreement and needed to know from Council what conditions to put into the
agreement before he could finish it.
Council Member Bailey prefaced the public comment by reading a statement he drafted for the
development agreement in which the airport will follow the City's design guidelines for all new
structures and other site features per MCC Title 3 Chapter 16. Council Member Bailey suggested
another addition which states Section 3, 3-7-03-1 C will not apply to any development of the
airport zone, which basically says that once the Airport Master Plan is adopted the Scenic Route
goes away. Council Member Bailey also suggested adding a clause to address setbacks.
Mayor Robertson opened the hearing at 7:24p.m.
Mike Anderson, airport tenant and resident of the City of McCall, stated the projects at the
airport are constrained because on the non -highway side, all those lease holds are bordering the
taxi ways and there are minimum standards for separation from the taxi ways and that would
place an unrealistic burden on those tenants. Mr. Anderson asked that Council consider this
situation before adopting a setback requirement.
Kim Apperson, 415 S. Samson Trail, stated she would like Council to reward the public for their
participation in the public input process for the Comprehensive Plan. Ms. Apperson stated she
feels Council is being premature by moving forward with the Airport Plan and that it is being
piecemealed together. Ms. Apperson stated the Airport Plan needs to be more comprehensive,
and that the Comprehensive Plan and the Airport Master Plan need to be completed before
moving forward. Ms. Apperson stated there needs to be a hierarchy established between the two
Plans, and she feels the Comprehensive Plan needs to have precedence over the Airport Master
Plan.
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Diane Evans -Mack, 235 Buckcamp, stated she feels she is trying to respond to a moving target,
adding that the public has not seen the proposed development agreement in writing. Ms. Evans -
Mack asked when the debate happens, and who will it be with? Ms. Evans -Mack added that
there has been much public input and she does not see that reflected in the comments. She also
asked that the comments made at the Planning & Zoning meeting recently be part of the public
record.
Kurt Mack, 235 Buckcamp, stated it is very difficult to comment on a Development Agreement
that cannot be viewed in black and white. Mr. Mack suggested another public meeting after the
development agreement is put together so the public has a chance to look at it.
Mayor Robertson closed the public hearing at 7:40 p.m.
Mayor Robertson recommended leaving the public hearing open in order to receive more public
comment.
There was discussion surrounding setbacks and building height.
Michelle Groenevelt, Planning Manager, commented that the Planning & Zoning Commission
feels that since the Comprehensive Plan is so close to being completed, Council should wait to
decide on the Airport Master Plan until the Comprehensive Plan is completed.
Mike Anderson proposed that Council adopt the airport zone as it is currently written without
any of the restrictions, and impose only the restriction that any development fronting Highway
55 or Deinhard be subject to design review. Mr. Anderson suggested letting the Comprehensive
Plan process be completed to define those design review perimeters. Mr. Anderson stated that
would provide the correct zone now as well as putting a restriction on any future development.
Mayor Robertson made the motion to accept the rewording of Council Member Bailey's
email in the development agreement on item "C", and that "D" remains as it is, and that
"E" is added, which says we don't eliminate or have any changes upon the acceptance of a
new Airport Master Plan as it related to Scenic Route, and that staff comes up with a
Development Agreement and that the public hearing be continued until September 13th.
Council Member Bailey seconded the motion. Council Member Scott recused herself. In a
roll call vote, Mayor Robertson, Council Member Bailey, and Council Member Bertram
voted aye and the motion passed.
AB 07-138 Cattail Ridge Subdivision
AB 07-137 Louisa Avenue Condominiums
Michelle Groenevelt, Planning Manager, stated she would address both applications at the same
time because they are connected through the community housing plan. Ms. Groenevelt stated
that staff is recommending that both applications be continued to the September 13th meeting due
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to some minor revisions that were made to the plat. These revisions have been made but staff has
not had adequate time to review and distribute this information to Council.
Steve Millemann stated the applicant did not have any objections to continuing the applications.
Council Member Bailey moved to continue the applications to September 13th. Council
Member Bertram seconded the motion. In a roll call vote, all voted aye and the motion
passed.
PUBLIC COMMENT
Mayor Robertson called for public comment at 8:21 p.m.
Steve Millemann requested that as the public hearing phase for the Comprehensive Plan
approaches, there be multiple public hearings, not just one. Mr. Milleman stated that because this
is such a significant document it justifies having a couple of full public hearings at the Planning
and Zoning Commission level to assure that all input is heard before the Commission makes its
recommendation to the Council.
Hearing no further comments, Mayor Robertson closed the public comment at 8:22 p.m.
BUSINESS AGENDA
The Business Agenda began at 8:23 p.m.
AB 07-145 Winter Snow Removal Equipment Rental
Lindley Kirkpatrick, City Manager, stated they have two bids for snow removal equipment for
the next fiscal years expenditure; no funds would be expended until the equipment is received.
Mayor Robertson moved to approve the rental of winter snow removal equipment from
CESCO, and authorize the Mayor to sign all necessary documents. Council Member
Bertram seconded the motion. In a roll call vote, all voted aye, and the motion passed.
AB 07-148 Davis Beach Docks; Signs to be placed on North and South Docks
Shorty Clark stated after extensive meetings between dock owners and the City, they have
reached an agreement regarding the verbiage of the signs to go on both the North and South
docks at Davis Beach, and have agreed upon gates with self closing child proof locks. The gates
would not be locked to the public.
Mayor Robertson would like to change wording on the Agenda Bill to "direct" staff, not "order"
staff.
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There was discussion regarding the type of gate they could require to make the dock owners
provide.
Council Member Scott suggested changing the wording of the signs to say, " watercraft
mooring" so as not to exclude personal watercraft.
Council Member Scott made the motion to approve the dock signage and direct staff to
make and place signage at the North and South Docks immediately, and to formalize
Council Member Bailey's recommendation to leave the gates unlocked at all times, and put
"child proof' door openers on each gate. Council Member Bertram seconded the motion
and in a voice vote, all said aye and the motion passed.
AB 07-147 Sales Tax Resolution and Ordinance: MCPAWS and other LOT funding:
November 6 election
Fred Quiel, Deputy City Manager, presented this agenda bill to establish a resolution and
ordinance to place an initiative on the November 6th ballot to increase sales tax by /2% in order
to provide ongoing, stable and sure funding for the MCPAWS operation for the next ten years.
Mr. Quiel stated the resulting net tax would be approximately $330,000 per year and as
described in the resolution and the ordinance, the first $200,000 would go directly to the
MCPAWS organization and any remainder would go to the LOT Commission to be dealt with in
the same manner as described in Ordinance 796.
Mr. Quiel stated that in the event that Council decides to pass the resolution and ordinance, he
would like to read into the record the suggestions made by the Idaho State Tax Commission for
amendments to the ordinance.
Mr. Quiel stated that it was suggested to him by the Tax Commission to allow a 3-4 month lead
time to give registered vendors time to create returns and a tracking system for the new tax, and
to collect these taxes quarterly.
Council Member Bertram suggested starting collecting 1/1/08 so that the funds could be
accessible to MCPAWS as quickly as possible.
Regarding collecting these taxes, Mr. Quiel stated it could be as simple as monitoring the sales
levels and then periodically doing an audit of the vendors.
Mr. Quiel wanted to read into the record the following State Tax Commissioner's comments:
1. It would be best for the ordinance to include definition of sales by reference to the
State Sales Tax Act rather than by inserted text
2. Adopt the State's bracket card rule, where they require rounding up a penny at each 1/4
of a cent.
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Council Member Scott recommended following the States requirements for collecting sales tax
to simplify the collection of the %2 % tax for retailers.
Council Member Bertram asked for clarification about the City's intent for MCPAW's ability to
ask for additional funds.
Bill Nichols stated the ordinance must not specify MCPAWs as the recipient, stating that the
funds must be allocated to "animal control/animal services".
Mayor Robertson asked for clarification as to whether or not the funds collected from property
taxes that are allocated during the budget process would be due to MCPAWS in addition to the
proposed sales tax funds. There was much discussion surrounding this question.
Mayor Robertson stated he thought January 1, 2008 would be the best date for the tax to start
accruing. Lindley Kirkpatrick stated he would like the Resolution and Ordinance to clarify that
the funds are delegated each fiscal year.
Council Member Scott moved to adopt Resolution 07-11 as amended. Council Member
Bailey seconded the motion. In a roll call vote, the motion passed with four ayes. Council
Member Scott moved to suspend the rules and read by title only, one time only Ordinance
No. 840. Council Member Bertram seconded the motion and in a roll call vote, the motion
passed with four ayes. Council Member Scott moved to adopt Ordinance No. 840 as
amended, which only becomes effective if the Sales Tax measure passes. Council Member
Bailey seconded the motion and in a roll call vote, the motion passed with four ayes.
Council Member Scott moved to direct staff to develop a formal contract with MCPAWS,
Inc. Council Member Bailey seconded the motion and in a voice vote, the motion passed
with four ayes.
Mayor Robertson called for a break at 9:40 p.m. The meeting was called back to order at
9:53 p.m.
AB 07-151 PUD-07-5 and CUP-07-14: McBride Street Mixed Use Building
Michelle Groenevelt, Planning Manager, presented the application; stating they were applying
for preliminary and final plat approval at the same time because it is a mixed use building and is
not an intensely involved subdivision.
Council Member Bailey stated that all PUD's must have a public hearing at the City Council
level, and this application has not had a hearing at the City Council level. There was much
discussion regarding whether or not a public hearing at the City Council level was needed.
Ms. Groenevelt stated the applicant presented several design options to the Planning & Zoning
Commission during the pre -application process. The Commission agreed on the project before
Council today, but that it required a PUD to accommodate some setback and parking issues.
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Council Member Bailey moved to adopt the Findings & Conclusions for the Conditional
Use Permit (CUP-07-14) and Planned Unit Development (PUD 07-5) for the McBride
Mixed Use Expansion. Council Member Bertram seconded the motion, and in a roll call
vote the motion passed with four ayes.
AB 07-152 CUP-07-13: McCall Church of Nazarene Day Care
Michelle Groenevelt, Planning Manager, presented this application, stating there was previously
a daycare and preschool operating out of this location that did not have a Conditional Use
Permit, and that the applicant was eager to begin operating again.
Council Member Bertram suggested adding a clause to the Findings in regards to the applicant
using the parking lot to the west of their building because the parking lot could be sold and the
new owner may not continue to grant permission to use the parking lot. Bill Nichols suggested
including a condition where the applicant provides staff with proof that they have permission to
use parking lot.
Mayor Robertson moved to adopt the Findings and Conclusions for the Conditional Use
Permit (CUP-07-13) for the McCall Church of the Nazarene daycare and pre-school.
Council Member Scott seconded the motion and in a roll call vote the motion passed with
four ayes.
AB 07-153 SUB-06-7: Alpine Village Final Plat
Council Member Scott recused herself.
Michelle Groenevelt, Planning Manager, presented this project, stating this was an application
for the final plat and final plan for Alpine Village, Phase 1.
Council Member Bailey asked what provisions were in the Findings for under grounding the
utilities. There was discussion surrounding utilities, sidewalks, curbs and gutters. There was
discussion regarding storm water and grants related to storm drains.
Council Member Bailey moved to adopt the Findings & Conclusions for SUB-06-7 and
PUD-06-3 Final Plat and Plan, Alpine Village, Phase I. Council Member Bertram seconded
the motion, and in a roll call vote the motion passed with three ayes.
Council Member Bailey moved to approve the related Development Agreement and
authorize the Mayor to sign all necessary documents. Council Member Bertram seconded
the motion, and in a roll call vote the motion passed with three ayes.
AB 07-154 Amendments to Fiscal Year 2007 — 2008 Budget (replacing AB 07-135 FY '08:
Budget Adoption)
Fred Quiel, Deputy City Manager/Administrative Services, presented this agenda bill, stating
that the County originally gave the City incorrect property tax figures, and this amendment was
generated to address these new, corrected numbers from the County.
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Council Member Scott moved to adopt the Amended Tentative Budget for Fiscal Year 2007
— 2008. Council Member Bailey seconded the motion and in a roll call vote, the motion
passed with four ayes.
CONSENT AGENDA
Staff recommended approval of the following items:
• Minutes — July 26, 2007, August 3, and August 9, 2007
• Warrant Register printed on August 16, 2007
• Payroll Report for Period ending 08/10/07
• AB 07-143 Alcohol Beverage Catering Permits
• AB 07-144 2007 Alcohol Beverage License (Renewals)
Corrections were provided to the July 26, 2007 Minutes. There were no Minutes for August 9,
2007.
Mayor Robertson made the motion to approve the Consent Agenda as modified. Council
Member Bailey seconded the motion and in a voice vote, the motion passed with four ayes.
COUNCIL TALK TIME
Council Talk Time commenced at 11:00 p.m.
Council Member Scott announced she was pregnant and that her due date is December 18.
Council Member Bertram suggested creating a letter or certificate from the City of McCall to
thank those involved the community or to welcome new businesses in order to reconnect with
the business community. Regarding the comprehensive plan, Council Member Bertram
suggested being careful with the wording because it can be very divisive. She added that the
steering committee meeting was charged by a select few people with extreme ideas.
Lindley Kirkpatrick stated the final wording of the comprehensive plan is up to the Council and
that they can direct the language of the plan or choose not to adopt it as written.
While there were no City Council Candidates present at today's Council meeting, Mayor
Robertson suggested inviting the Council Member Candidates to come to as many meetings as
possible while the current members are still meeting together.
Lindley Kirkpatrick commented that the meeting calendar for November and December needs to
be set and suggested having a regular meeting on November 8th, and then a special meeting on
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November 29th to address the comprehensive plan, and then one regular meeting in December,
on the 13th
Council Member Bailey suggested having comprehensive plan meetings with the Planning &
Zoning Commission by themselves and then having a meeting with the county. Lindley
Kirkpatrick suggested the opposite, having joint meetings initially.
Council Member Bailey asked about the LOT check for $25,000 that was returned to the City.
Fred Quiel stated they did get that check back, plus there is $1400 left over from the Public
Works department. There was discussion about what to do with the returned LOT funds.
There was discussion about the amount of the sales tax for MCPAWS.
Mayor Robertson stated they have been invited to visit the North Lake Sewer operation and then
participate in a meeting with Steve Millemann and Scott Turlington to further discussions
regarding financing options for our future Wastewater Treatment facility. No date has been set.
Council Member Bailey suggested inviting CH2M Hill to attend this tour also.
Mayor Robertson asked about the golf contract. The City Manager said he was working on the
Agreement.
COMMITTEE MINUTES
Tree Advisory Meeting — July 11, 2007
Library Advisory Meeting — May 24, 2007
ADJOURNMENT
Bi11 Nichols advised Council to pass a motion to correct the Ordinance number approved
tonight to the next available Ordinance number.
Mayor Robertson made motion to change Ordinance number. Council Member Bertram
seconded the motion, and in a voice vote the motion passed with four ayes.
Without further business, the meeting was adjourned at 11:54 p.m.
William A. Robertson, May,6r
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ATTEST:
Fredmei, Deputy ity Clerk /
Administrative Services
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