HomeMy Public PortalAboutCouncil Minutes 2007 11/08MINUTES
McCall City Council
Regular Meeting
November 8, 2007
Agenda
Call to Order and Roll Call
Executive Session
Reports
Public Hearing
Public Comment
Consent Agenda
Business Agenda
Council Talk Time
Committee Minutes
Adjournment
CALL TO ORDER AND ROLL CALL
Mayor Robertson called the regular meeting of the McCall City Council to order at 4:01
p.m. Council Member Bailey, Council Member Bertram, Council Member Kraemer,
Mayor Robertson, and Council Member Scott answered roll call. A quorum was present.
Also present were Lindley Kirkpatrick, City Manager; Fred Quiel, Deputy City Manager /
Administrative Services, Walter Eisenstein, Deputy City Manager / Infrastructure & Community
Development; and City Attorneys Bill Nichols, Kim Trout and David Krueck.
EXECUTIVE SESSION
Mayor Robertson moved to go into Executive Session for litigation pursuant to Idaho Code
§67-2345(1)f to consider and advise its legal representatives in pending litigation or where
there is a general public awareness of probable litigation. The motion was seconded by
Council Member Bertram. In a roll call vote, all members voted aye, and the motion
carried.
The Council discussed litigation pursuant to Idaho Code §67-2345(1)f.
Attorneys Kim Trout and David Krueck left the meeting at 5:00 p.m., and Council
Member Scott left the meeting at 5:15 p.m.
McCall City Council Regular Meeting
November 8, 2007
Page 1 of 11
The meeting returned to regular session at 5:35p.m. A brief recess was taken and the
meeting resumed at 6:05 p.m.
City staff members present were Lindley Kirkpatrick, City Manager; Fred Quiel, Deputy City
Manager/Administrative Services; Walter Eisenstein, Deputy City Manager/Infrastructure &
Community Development; Brock Heasley, Parks & Recreation Director; Linda Stokes, Finance
Manager; Carol Coyle, Grant Coordinator; Michelle Groenevelt, Planning Manager; John
Anderson, Airport Manager; Jerry Summers, Chief of Police; Eric McCormick, Golf Course
Superintendent; and Brenna Chaloupka, Administrative Assistant, City Manager.
Mayor Robertson led the audience in the Pledge of Allegiance.
City Manager Report
Lindley Kirkpatrick stated staff has met with Tom Pippin of BBC regarding impact fees, and
they are negotiating a contract at this time for Streets, Police, Water, Sewer, Parks and Storm
water for a cost of $33,000. The County has been informed of the City's direction and they are
still on 8 week time line.
The public hearings for the Comprehensive Plan at the Planning & Zoning level are completed.
There is a joint public hearing scheduled for December 6 with the City Council, Planning &
Zoning Commissioners and County Commissioners. Assuming all the public comment can be
heard at the December 6 meeting, action is scheduled for December 13 and the Comprehensive
Plan could be ready for adoption on the December 13.
Mr. Kirkpatrick stated the golf course is now closed. There are still four seasonal employees on
staff and they are limbing trees and have removed a few trees in order to manage problem areas
on the turf.
There is a VARHA Community Housing open house this Saturday noon to 4 p.m. There are units
available now and two units are occupied. There has been renewed interest now that the
landscaping is done. Regarding the development of the County owned land on Deinhard, the
Committee is done reviewing the proposals, and the Committee is recommending to VARHA to
use NHS to develop that property. Mayor Robertson asked about recycling, and if there was still
a plan to put the recycling on the property. Mr. Kirkpatrick stated that they were not planning to
put the recycling there but that they were looking at another location, adding that the County is
still offering to manage/own the recycling facility. Mr. Kirkpatrick stated staff is looking for a
site now, but that there is no City owned land available at this time.
Mr. Kirkpatrick stated the area north of Mile High Marina is being cleaned up now and that the
old fish pen docks are coming out. Inland Marine and Brock Goul are removing docks and clean
up should be completed within 10-14 days. Council Member Bertram asked if there was a way to
McCall City Council Regular Meeting Page 2 of 11
November 8, 2007
enforce the cleanup of this area, and Mr. Kirkpatrick stated the Department of Lands is
responsible for enforcing that the project is completed.
AIC City Officials Academy and Luncheon is Tuesday, November 27th. Mr. Kirkpatrick
encouraged the new Council members to attend, as well as existing Council members.
Mr. Kirkpatrick announced Linda Stokes as the October employee of the month.
McCall was rated #6 in the Snow West magazine for the top snowmobiling trails in the West.
Council Member Bailey asked about manager's report from November 3rd regarding tree
removal and he asked if we should extend this requirement to all private property. Bill Nichols
replied it could be done under the context of fire/safety hazard. It was suggested to work on this
issue next spring with the new Council members.
Council Member Bertram asked how many water meters have been replaced. Mr. Kirkpatrick
stated 400 meters were replaced this spring, adding that the excess funds from the Rio Vista
waterline project went into replacing more water meters.
Council Member Bailey asked about the left turn lane at Crystal Beach and if that project got
approved. Michelle Groenevelt stated that project received a permit for demolition and will come
back before Council soon for approval of the project.
PUBLIC HEARING
AB 07-207
Take Public Comment on whether or not to seek Judicial Confirmation to
pay the outstanding balance of the Wausau judgment per the three part plan
adopted by Council Resolution 07-09
Mayor Robertson provided details surrounding the three parts of the payment plan.
Hearing no public comment, the public hearing closed at 6:38pm.
PUBLIC COMMENT
Mayor Robertson called for public comment at 6:39 p.m.
Curt Mack, 230 Buck Camp Lane, stated that regarding the adoption of the Airport Master Plan,
Community Voice has been extremely concerned that the public was not adequately involved in
the development of the Plan and that the Plan does not embody what public wants. Mr. Mack
provided a list of approximately 150 signatures requesting that the airport maintain its current
status. Mr. Mack also asked Council not to approve multi year concession contracts at Legacy
Park, stating there could be a lot of changes in the next four years.
McCall City Council Regular Meeting Page 3 of 11
November 8, 2007
Shorty Clarke, representative of the Parks & Recreation Advisory Group, provided information
regarding the evolution of Legacy Park concession contracts. Mr. Clarke stated City Ordinance
dedicates approximately 160 feet of beachfront in Legacy Park to concessionaire usage. Mr.
Clarke added that the Parks Advisory Committee began receiving public comment last spring,
and it continued for about a month. He added that the Committee also held public hearings that
lasted approximately five hours and it was revealed that the public was 2-1 in favor of continuing
with the watercraft concessionaire usage. Mr. Clarke explained that there were four major
complaints against concessionaires using the beach. The first complaint was that the original
grant establishing concessionaire usage did not call for motorized watercraft. Mr. Clarke stated
that after reviewing the grant, it was discovered that it did not designate between motorized or
non -motorized craft. The second complaint was that the City was not charging enough for that
prime real estate, to which the Advisory Group agreed. Mr. Clarke stated that last spring, the
Advisory Group asked Council to change the way they charged concessionaire agreements and
asked that they adopt the method used by the State, whose policy is to charge a percentage of
growth. The third complaint was that jet skis were too close to the swimming area. Mr. Clarke
stated the area was monitored very closely this summer and that the entire area is a "No Wake
Zone" and that there was never any question about jet skis or boats coming too close to the
swimming area and that they could co -exist quite nicely. Mr. Clarke stated that the fourth issue
was the question of how the City could put long term concessionaires on the beach without
knowing what Legacy beach was going to look like after it was reconfigured. Mr. Clarke stated
the renderings he last saw of the Legacy Park redevelopment indicate a volleyball court where
the concessions are now located. Mr. Clarke stated the public that was in favor of continuing
concessionaire usage had several reasons to grant multiyear contracts. Mr. Clarke summarized
his public comment by stating the Parks & Recreation Advisory Committee strongly advises
Council not to grant long term contracts until the Urban Renewal redevelopment project has
been settled.
Rick Fereday, 315 Burns Rd., asked Council not to adopt any long Willi concessionaire
agreements or even consider an RFP for the same. Mr. Fereday added that he would urge
Council to rescind any former agreements with City parks and not allow any concessions in City
parks. Mr. Fereday added that the failure of LOT tax is not an indicator of the residents' lack of
caring for animals or their unwillingness to tax themselves for reasonable purposes, but that it is
a failure of this Council to properly consider, plan for and initiate a referendum of this
importance.
Kevin Briem stated he had a question regarding the origination of the sponsorship of the Agenda
Bill 07-206. Mr. Briem stated that the Parks Advisory Committee does not support long term
lease agreements at Legacy Park because of the pending redevelopment. Mr. Briem asked if the
intent was to encompass the broad scope of concessionaires, or if it was to focus on a small
segment, or one business. Mr. Briem stated he feels the language of the Agenda Bi11 takes the
Advisory Committee and the public comment out of the process. Mr. Briem stated this issue is
about long term lease agreements on public property, not about jet skis or individual
concessionaires. Mr. Briem stated he feels this Agenda Bill was poorly written and hastily
presented, and he asked that Council abandon this bill and revisit it at a later date.
McCall City Council Regular Meeting Page 4 of 11
November 8, 2007
Bert Kulesza, 118 E. Forest Street, reiterated several of the objectives outlined in the 2000
Comprehensive Plan, and alluded to inconsistencies in the Airport Master Plan. Mr. Kulesza
stated he does not feel the option of relocating the airport to the south of town was ever seriously
looked at and that it was not mentioned in the Airport Master Plan, adding that he feels it is the
responsibility of Council to evaluate relocation as an alternative. Mr. Kulesza stated Council
needs to address three questions: Is this in the best interests of the community? Does this
maintain and enhance the quality of life, and meet the needs and desires of the citizens of
McCall? Who stands to gain the most?
Afra Lacky, 502 Timm, stated she is opposed to having motorized concessions in Legacy Park,
but if concessions are granted, she is opposed to long term leases because of pollution. She
added she would like to see non -motorized craft available for tourists.
Ray Dupree, 45 Silver Fox Trail, stated that if the City extended the runway, it could displace the
landing threshold and aircraft could pass over the city at higher elevations. Regarding
concessionaries, Mr. Dupree stated it is ridiculous to ask a business to operate from year to year
without a long term lease. Mr. Dupree stated that if the redevelopment of Legacy Park does not
accommodate concessionaires, it must be agenda driven to eliminate one business. Mr. Dupree
stated he highly recommends granting multi year concessionaire contracts.
Ed Elliot, 1840 Warren Wagon Rd., stated the Airport Master Plan should not be adopted until
the Comprehensive Plan has been adopted. Mr. Elliot stated he supports maintaining the airport
as it is presently classified and he opposes any expansion or alteration of the airport that would
change its classification. Regarding Legacy Park, Mr. Elliot stated it was never conceived of as a
rental property for commercial activity and he is opposed to renting any portion of the park for
commercial concessions. Mr. Elliot commented that for the $3200 per year collected for the
leasing the park, it is not worth it.
Cutler Umbach, 2380 Sharlie Lane, stated that he was not going to speak in favor or against the
request for proposal for Legacy Park, but wanted to comment that timing is critical when it
comes to controversy. Mr. Umbach stated that if the request for proposal process starts now, in
this time of great controversy, it won't have the perceived legitimacy and he recommends tabling
this issue until January in order to let the new Council address the issue.
Nikki Humphries, 108 Pearson Lane, stated she does not think the City should adopt the Airport
Master Plan until the Comprehensive Plan has been adopted. Ms. Humphries stated it was crazy
to grant long term leases for concessionaires in Legacy Park with the pending redevelopment.
Esther Mulnick, 303 Brook Drive, stated there is a limited amount of public beaches, adding that
they need to be kept for the public. Ms. Mulnick stated she does not believe there should be a Jet
Ski concession at Legacy Park.
Curt Mack, 230 Buck Camp Lane, stated he questioned the statement that public comment was
2-1 in favor of concessions, because he attended all of the oral public comment meetings and that
was not his impression.
McCall City Council Regular Meeting Page 5 of 11
November 8, 2007
Shorty Clarke stated 95% of the written comments were in favor of concessions and that the
public comment was about 50-50.
Hearing no further comments, Mayor Robertson closed the public comment at 7:15 p.m.
CONSENT AGENDA
Staff recommended approval of the following items:
• Minutes —August 9 and October 25, 2007
• Warrant Register printed on November 2, 2007
• Payroll Report for Period ending October 19, 2007
• AB 07-199 Appointment of Tim Swanson to the Golf Advisory Committee
• AB 07-200 Easement for telecommunication utilities on McCall Avenue property to
Cable One
• AB 07-201 Grant Application for Local Rural Highway Investment Program (LRHIP)
for Sign Upgrades to meet Retro-reflectivity Requirements
• AB 07-202 Application for Recertification of Tree City USA
• AB 07-204 Alcohol Beverage Catering Permits
• AB 07-209 Agreement with White Peterson for City Attorney services
Corrections were provided to the minutes.
Council Member Kraemer made a motion to approve the Consent Agenda as amended and
authorize the Mayor to sign all necessary documents. Council Member Bailey seconded the
motion and in a roll call vote, all voted aye and the motion passed.
BUSINESS AGENDA • ,
The Business Agenda began at 7:37 p.m.
AB 07-203 Canvassing November 6, 2007 Election
Fred Quiel, Deputy City Manager/Administrative Services, stated that by Idaho Code requires
that the Mayor and Council, within 6 days following the election, must meet for the purpose of
canvassing the results of the election and that staff recommends that Council proclaim the
election results final and adopt Resolution 07-14.
Mayor Robertson moved to proclaim the election results final and adopt Resolution No. 07-
14. Council Member Scott seconded the motion and in a roll call vote, all members voted
aye and the motion passed.
AB 07-198 City Prosecutor Proposal
McCall City Council Regular Meeting Page 6 of 11
November 8, 2007
Jerry Summers, Chief of Police, stated only one proposal was received in response to the request
for proposal for City Prosecutor and that Council had before them the proposal along with the
contract. Mr. Summers stated that the staffs' recommendation was to approve this proposal.
Mayor Robertson moved to accept the proposal from the Williams Law Office to provide
Prosecuting Attorney Services, effective December 1, 2007 and authorize the Mayor to sign
all necessary documents. Council Member Bertram seconded the motion and in a roll call
vote, all members voted aye and the motion passed.
Council Member Bertram asked that staff send a thank you letter to the offices of Larry Dunn for
his services as the previous City Prosecutor.
AB 07-205 Urban Renewal Agency Annual Report
Rick Fereday, Chairman of Urban Renewal District, stated he included a recent history of what
has transpired in the Urban Renewal District, as well as the latest financial statement in the
Council packet and stated he would stand for any questions Council may have.
Mayor Robertson asked about the progress of the redevelopment of Legacy Park. Mr. Fereday
stated the URA hopes to go to bid in January. Mr. Fereday went through the timeline of events of
the redevelopment that occurred this summer and fall, stating the URA decided to have the
project re --bid. Mr. Fereday stated the engineers recommended refashioning the project with the
recommendations from the potential bidder. Mr. Fereday stated the scope of the project has been
slightly reduced, and that some money has been saved by re -bidding the project.
Mr. Fereday asked Council to direct staff to do some of the busy work, such as excavation,
moving dirt, taking fences down, filling in ditches, now, in order to get caught up.
AB 07-192 Airport Master Plan Adoption
John Anderson, Airport Manager, stated that any revisions that have been done to this point were
something the City has done without the consent of the Master Plan company. Council Member
Bailey stated he had provided several editorial corrections to the master plan, as well as several
questions he felt needed to be answered. Council Member Bailey added that the document was
extremely complex and he felt that is was well written.
Mayor Robertson stated there have been many misunderstandings surrounding the Airport
Master Plan and he clarified that it was a planning document to address safety issues as well as
to update the statistics surrounding the airport. Mayor Robertson added that Council is being
asked to evaluate whether or not this planning document represents what Mead & Hunt has
discovered, and added that the findings of this study have been approved by the FAA. Mayor
Robertson stated that accepting this document would put the City in line to get the funding
necessary to do the environmental assessments that need to be done.
John Anderson stated the Airport Master Plan document is fact driven and that it identifies what
the current situation is, what is expected in the future, and what is needed to prepare for the
future. Mr. Anderson stated that extending the runway and moving the taxiway both require an
environmental assessment. Mr. Anderson stated the City hopes to identify an environmental
McCall City Council Regular Meeting Page 7 of 11
November 8, 2007
consultant for City Council to consider in January and then be able to negotiate the scope of the
project soon there after, including a comprehensive review of all of the mandated environmental
concerns. Mr. Anderson stated that this assessment could be done within a year, but would
probably take 18 months and would entail a large degree of public involvement.
Mr. Anderson stated that there are some planning concepts surrounding the terminal area plan
that do not deal solely with facts, but that nothing is approved to move forward until Council has
a chance to review it and that nothing will be decided at staff level.
Mr. Anderson stated the Airport Master Plan document needs to be adopted in order to move
forward, and that the status of the Comprehensive Plan is interesting but not necessarily relevant
to the Airport Master Plan. Mr. Anderson added that the City has no control over what type of
private airplanes may land or take off at the City airport under the current designation.
Council Member Bailey asked Mr. Anderson what his opinion was regarding relocating the
airport or creating a regional airport to which Mr. Anderson replied it would take a consensus of
the county and the city to relocate the airport and that it would be extremely difficult. Mr.
Anderson stated that aside from the leases being very expensive to buy out, the FAA has stated
they would not support a second airport in the valley.
Council Member Bailey suggested adding a paragraph to the document stating that approval of
this document does not guarantee approval of pending projects and that it does not approve any
specific actions in the plan.
Mayor Robertson called for a short break at 8:19p.m. The meeting resumed at 8:30 p.m.
Mayor Robertson moved to adopt the Airport Master Plan Update, September 2007, and
authorize the Mayor to sign the Airport Layout Plan with the commitment that Council
Members Bailey, Council Member Scott, Mayor Robertson and Mr. Anderson create an
addendum with the grammatical changes suggested by Council Member Bailey. Council
Member Scott seconded the motion.
Bill Nichols suggested bringing the document back to Council to vote on it December 13 so
that there is no question that the addendum has Council approval.
In a roll call vote, all members voted aye.
AB 07-208 Tax Revenue Anticipation Note (TRAN): Second Part of Three Part Plan to
Satisfy Wausau Judgment
Fred Quiel, Deputy City Manager/Administrative Services, presented the Tax Revenue
Anticipation Note, stating this is the second part of the three part plan to satisfy the Wausau
judgment. Mr. Quiel stated that closing the Note would occur on or about November 14th, 2007.
Mayor Robertson moved to adopt Resolution 07-15, and authorize the Mayor to sign all
necessary documents and authorize the City to issue a check to the court. Council Member
McCall City Council Regular Meeting Page 8 of 11.
November 8, 2007
Kraemer seconded the motion and in a roll call vote, all members voted aye and the motion
passed.
AB 07-195 Code Amendment: Change Note #3 of Table 3.3.03 to include an additional
requirement to calculating the side yard setbacks
Michelle Groenevelt, Planning Manager, stated this code amendment was presented at the last
council meeting and has since been modified. This amendment would change the way the side
yard setback is calculated.
There was discussion regarding side yard setbacks and how this amendment is different from the
current code.
Ms. Groenevelt stated that it was suggested to have an effective date of March 1, 2008 to allow
designers time to transition projects that are currently in the planning process, and allow them to
proceed without having to go back and redesign.
Council Member Bailey moved to suspend the rules and read Ordinance No. 847 by title
only, one time only. Council Member Bertram seconded the motion and in a roll call vote,
all members voted aye and the motion passed.
Ordinance No. 847 was read by title only, one time only.
Council Member Bailey moved to adopt Ordinance No. 847 as amended. Council Member
Bertram seconded the motion and in a roll call vote, all members voted aye and the motion
passed.
AB 07-206 Request for Proposals for long-term watercraft rental concession agreements
in Legacy Park
Mayor Robertson stated City Council is addressing multiyear concession agreements in Legacy
Park at this time because this Council wants to approve multiyear agreements before some of
their terms are up.
Council Member Bailey commented that historically, the private sector has used public lands for
running a business and making a profit and therefore this should not be considered an issue for
whether or not concession agreements should be granted.
Council Member Kraemer stated it would be premature to get into a long term concession
agreement until the redevelopment of Legacy Park is completed, because it is unclear what will
ultimately be located in the area in question.
There was discussion regarding single year and multiyear agreements.
Mayor Robertson stated he did not think the City should be soliciting requests for proposals,
adding that he thought Council was being presented with a concession agreement up for renewal
and he thinks Council should be acting on granting a renewal, not requests for proposals.
McCall City Council Regular Meeting Page 9 of 11
November 8, 2007
Lindley Kirkpatrick, City Manager, stated the concept of this agenda bill and the request for
proposal is consistent with what has been done in years past, adding that is it an open,
competitive public process to determine who the City would enter into an agreement with. Mr.
Kirkpatrick stated he did not know who the City would enter into an agreement with without
going through this process.
Council Member Scott stated she supports granting multi -year agreements for concessionaires,
because these businesses are capital intensive and cannot operate effectively without a multiple
year plan.
Mayor Robertson moved to direct staff to solicit proposals for watercraft rental concession
agreements in Legacy Park. Council Member Bailey suggested changing the wording to say
"the Parks & Recreation Committee may review." Council Member Scott seconded the
motion and in a voice vote, all members voted aye and the motion passed.
COUNCIL TALK TIME
Council Talk Time commenced at 9:44 p.m.
Mayor Robertson suggested getting a real estate agent involved in selling the community
housing units. Lindley Kirkpatrick stated he would check into that possibility with the
Neighborhood Housing Services.
Mr. Kirkpatrick stated a thank you letter needed to be sent to John Milliner, thanking him for his
participation on the McCall Improvement Committee.
Mayor Robertson stated he hopes the City gets an opportunity to reclaim the land that the Fire
Station sits on, because it is valued at $200,000 and the City has to pay the FAA someday for it.
Council Member Bailey asked if an architect had been contacted so that the City may begin to
have some idea of what the costs will be to build a new golf maintenance warehouse. Mr.
Kirkpatrick stated Eric McCormick has contacted several architects and there will be a proposal
before Council at the December 13 meeting to use approximately $2,500 — 3,000 of Council
contingency funds to have some of the preliminary design work done.
In regards to a November 6th letter addressed to Shane Jeffries, Council Member Bailey stated
that a particular group of homeowners near the Forest Service complex needs to be made aware
that the Comprehensive Plan cannot rezone any land. Mr. Kirkpatrick stated that based on public
testimony at a recent Comprehensive Plan meeting, it appears that they do understand the Plan
cannot change the zoning, but it appears they are still concerned about the density designation.
There was discussion about the Comprehensive Plan and what occurred at the two public
hearings held this week.
McCall City Council Regular Meeting Page 10 of 11
November 8, 2007
Council Member Bailey asked if the Thru the Fence agreement was still moving along. Mr.
Kirkpatrick stated it is still moving forward and that the real estate sale has closed. Mr.
Kirkpatrick added that at the staff level, there are meetings schedules with Mr. DeBoer, Mr.
McQueen and Tamarack representatives in order to further those discussions and continue to
negotiate the Through the Fence agreement.
Council Member Scott stated she has heard some comments in the community regarding naming
the elementary school after Barbara Morgan. Ms. Scott suggested having the City make a
statement supporting renaming the school. Mayor Robertson suggested inviting Barbara Morgan
to some kind of City event and presenting her with a "key" to the City.
Council Member Bertram stated this Saturday from 1-5pm , Ed Bird is going to have an open
house of Park Place Plaza and she suggested that the City should get in the habit of supporting
businesses and thanking them for investing in the community.
COMMITTEE MINUTES.
McCall Improvement Committee Meeting Minutes
ADJOURNMENT
Without further business, the meeting was adjourned at 10:10p.m.
William A. Robertson, Mayor
ATTEST:
Fred Quicl; Deputy City Clerk /
Admin�c}�
McCall City Council Regular Meeting
November 8, 2007
Page 11 of 11