HomeMy Public PortalAbout2008.12.18 Regular Council Minutes
McCall City Council Regular Meeting Page 1 of 9
December 18, 2008
MINUTES
McCall City Council
Regular Meeting
Idaho First Bank Community Room
December 18, 2008
Agenda
Call to Order and Roll Call
Public Hearing
Public Comment
Consent Agenda
Business Agenda
Executive Session
Adjournment
CALL TO ORDER AND ROLL CALL
Mayor Kulesza called the regular meeting of the McCall City Council to order at 5:34 p.m.
Mayor Kulesza, Council Member Bailey, Council Member Scott and Council Member
Witte answered roll call. Council Member Delaney was absent. A quorum was present.
In addition to the Council Members, present were Lindley Kirkpatrick, City Manager; City
Attorney Bill Nichols; Michelle Groenevelt, Community Development Director; John
Anderson, Airport Manager; Eric McCormick, Golf Course Superintendent; Carol Coyle, Grant
Coordinator; and BessieJo Wagner, City Clerk.
WORK SESSION
Mr. Kirkpatrick opened the meeting stating that if the Council agreed they would have the
discussion of potential public uses between Legacy Park and Brown Park after some general
business discussion. All were in agreement.
Mayor Kulesza asked if the Airport Environmental Assessment committee had been determined.
Mr. Anderson stated that there are some interested individuals. Mayor Kulesza would like one of
the Council on the committee; it will be on the agenda for the January 8, 2009 Council meeting.
Mr. Kirkpatrick referenced the upcoming Council meeting schedule and presented an idea for a
change in the way the Council agendas are determined. He stated that the second meeting of the
month could be primarily business, and the first meeting of month could be more of a work
session type meeting with one or two topics scheduled in a structured format. It could mean that
the second meeting of the month would have a heavier agenda.
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December 18, 2008
Mr. Kirkpatrick asked for the Council’s feedback on the idea. Mayor Kulesza stated that it could
also be that they institute a Council Talk Time, or set a time limit for each topic. Council
Member Witte would like to even out the meetings so that each meeting can be adjourned at a
reasonable hour. Council Member Scott would also like them to be more balanced. Mayor
Kulesza summarized that the Council needs to be more efficient in how the meetings are
conducted and have discussion time blocked out at the end of the meeting.
Council Member Bailey had questions about the future meeting schedule and the changes that
happen to the schedule from one meeting to the next. There was some discussion to clarify the
schedule. Council Member Bailey wants at least a month to review a draft of the “through the
fence” agreement prior to it coming to Council. Mr. Kirkpatrick stated that the latest draft was
distributed during the summer, and he would get it out to the Council, with any new information
ahead of time. Council Member Bailey stated that he had requested that there be an independent
evaluation of the fees for the airport and would like to know where that stands. He wants as
much information possible to assist with a decision.
Mr. Kirkpatrick updated the Council on the Pancake House issue. He talked with Mr. Williams,
the City Prosecutor, to extend the court date. Mr. Kirkpatrick also has tried to talk with Mrs.
Bertram about the parking lot issue, to work out some resolution; however, she has not been
available to meet. Mr. Kirkpatrick feels that the City can reach some kind of an agreement with
Mrs. Bertram without having to go to court. Mr. Kirkpatrick stated that, according to Mr.
Williams, Mrs. Bertram has to agree to the continuance before it can be granted. Mr. Kirkpatrick
stated that he has spoken with Mrs. Bertram several times since she received the citation. The
second time he spoke with her he was very specific that they needed to set a time and date to talk
about the issue. Mrs. Bertram did not have a date she was available at that time.
Council Member Scott expressed a concern to ensure that code violations are being treated the
same and fair for all, such as the code violation with Dr. Newton. She stated that it appeared like
that issue was around for three years prior to the citation and the issue with the Pancake House
appeared to be shorter. Mr. Kirkpatrick explained that code enforcement is somewhat complaint
driven. He also stated that with the Pancake House some of the issues date back to when the
building was first built in 2001. It is not a new issue, and what brought the issues to the top was
with the new addition in the summer of 2007, and the new code requirements that were adopted
in 2006. However, the stormwater drainage issues date back to 2001.
Council Member Bailey stated that he was on the Planning and Zoning Commission at the time
of the development agreement and that per code, the store front had to be dust free and the storm
water was also an issue at that time and was not corrected until 2007. Mr. Bailey expressed that
there are always two sides to every issue and the City is not entirely at fault on this issue. He
stated that he feels that something can be worked out legally and that the City could agree that
the parking lot paving issue could be extended.
Mayor Kulesza asked when the agreement was signed; Mr. Kirkpatrick stated that it was signed
on February 18, 2008. The agreement that was signed at that time was not a development
agreement; it was an agreement to pave the parking lot by a date set in mid-summer. Mayor
Kulesza asked if after the date agreed upon had passed, was there any communication from the
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December 18, 2008
Bertrams indicating they were unable to meet the deadline. He wanted to know if there was there
any dialogue between the Bertrams and the City after that deadline. Mr. Kirkpatrick stated that
the City sent the Bertrams a letter in September, 2008 stating that there were five issues, (four
from the development agreement and the unpaid development review fees) to be resolved and
asked for a reply as to when they could be resolved. There was no reply from the Bertrams. The
citation was issued mid-November, 2008. Mayor Kulesza summarized then that Mr. Kirkpatrick
talked with the Bertrams twice after the citation, requesting that some contact be arranged, and at
the arraignment, Mr. Williams suggested that Mrs. Bertram contact the City to try to work
something out.
Mr. Kirkpatrick stated that the goal of the City is to get compliance, and therefore, willing to
work it out an agreement. Council Member Witte asked if there were issues from when the
Pancake House first opened. Mr. Kirkpatrick stated that the issue was with storm drainage and
they believed that they had to solve the drainage issue prior to paving the parking lot. The storm
drainage issue was not worked out until the summer of 2007.
The Council decided to extend the work session discussion at this time and delay the public
hearing until 6:30 p.m.
AB 08-246 Discussion of potential public uses between Legacy Park and Brown Park
Mr. Kirkpatrick introduced a memo that gave information on possibilities for development of the
land between Mile High Marina and Brown Park. There are some constraints to the land, such as
the Land Water Conservation Fund constraints, the issue of the Tomlinson dock, and zoning
code requirements.
Mayor Kulesza asked if the owner of the Tomlinson dock had been asked to come in and talk
with City staff about the dock. There was some discussion as to the origin of the Tomlinson
dock. The City will have to determine the legality of Mr. Tomlinson’s dock. Mr. Kirkpatrick felt
that if a big marina was approved, or some other development on the land then the developer
would have to deal with Mr. Tomlinson. However, if there is not any development, then the City
will need to take care of it no later than the coming summer. Council Member Witte feels that it
is a City issue and the City should deal with it prior to any kind of development being approved.
Mr. Kirkpatrick stated that at the most recent Urban Renewal meeting Robin Gerblick suggested
that the Urban Renewal Agency purchase the marina. Council Member Bailey stated that some
of the community members had suggested some kind of a boat house.
Mayor Kulesza bought the discussion back to some of the possibilities of uses from no
development, to following the Urban renewal plans for a pathway through that piece of land, to
the possibility of some developed use. Mayor Kulesza likes the idea of the pathway going in and
then at some future date to look at possible additional uses or development. Council Member
Bailey stated that before anything can be done there, Pine Street to Hemlock Street needs to be
repaved. It was originally supposed to be done with the Urban Renewal development project of
Legacy Park. When it was surveyed to put in the sidewalks, it was determined that the street and
the sidewalk would not match up leading to the street needing to be redone to accommodate the
sidewalk. It was pulled from the contract with the understanding that Urban Renewal would
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work to get the street redone. Council Member Bailey would like to see sidewalks on both sides
of the street.
Council Member Bailey stated that a small boat launch could go there, at the foot of Spruce
Street, for kayaks and small watercraft. The Council had weighed the idea about a year ago for it
to be a possible launch site for the concessionaires and/or a canoe launch site. Council Member
Witte asked if the Urban Renewal Agency would have enough revenue to fund a project like
that. Council Member Bailey stated that they do have some money, but they would have to wait
until spring to see exactly how much revenue they will have. They rely on tax revenue to pay off
their bonds, so the January tax receipts will give them a good idea as to where they stand.
There was some clarification to the difference of leasing the land as apposed to a
concessionaire’s agreement. It was determined that a lease is exclusive and the concessionaire’s
agreement is non-exclusive.
Brian O’Morrow stated that there were some other issues to consider such as water quality issues
with storm water run off and the oxygen demand that from the breakwater and pilings. He also
stated that with moving the concessionaires, the neighbors may have an issue with it so he
suggested that the City should speak with the neighbors prior to any decisions.
David Carey commented that for personal watercraft, the area in its current state is not a beach; it
is a very steep and rocky area.
Carol Coyle stated that in the mention of multiple uses, the Water Improvement Funds grants
from the State of Idaho are for motorized boating improvements and therefore significant
funding is available for boating improvements.
Mr. Kirkpatrick asked the Council if they wanted anything further from staff on this topic.
Council Member Bailey stated that if the marina is really for sale and there is an opportunity for
the City to purchase it, it may be worth looking into. Mayor Kulesza does not see any rush at
this point.
Mr. Carey stated that he had hoped for more of a “brain storming” session. He had hoped for
more of a direction. He wants to make sure that the issue does not just go away. There was some
clarification of what the Council was looking for through the public comments and then through
some discussion. Mr. Carey was frustrated that when there were some specific ideas for
development, the Council received much public involvement, but now that the agenda was for
discussion of possibilities there was no public involvement at all.
Mr. Kirkpatrick stated that there is an adopted public plan for the development of the area
between Mile High Marina and Brown Park. It calls for a pathway up by the road and limited
open space, and informal park use of the water front. This plan went through extensive public
involvement, and is in place and the Urban Renewal Agency intends to fund it. The Council
wants to look at the budget numbers and plans to make it happen.
Mayor Kulesza led the audience in the Pledge of Allegiance at 6:36 p.m.
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PUBLIC HEARING
Council Member Scott left the meeting and was available through conference call at 6:45 p.m.
AB 08-145 ZON-07-03: Crystal Beach Condominiums – Zoning Map Amendment from
CC to R8 -Continuation
Ms. Groenevelt gave a history on this item. The applicant requested approval for a Zoning Map
Amendment. Previously, a bank existed on the subject property (103 East Lake Street) and this
parcel was zoned Community Commercial. The applicant has demolished the building on this
parcel and is now applying to have the Community Commercial property rezoned to R8 –
Medium-Density Residential. The proposed Zoning Map Amendment will remove an instance of
“spot zoning” in the City of McCall.
This application appeared before City Council on three previous occasions in 2007: July 12, July
26 and August 9. The application was continued at the July meetings based on the lack of a final
development agreement. The application was remanded to the Planning & Zoning Commission
on August 9, 2007 because of new information relating to an ITD project at the Mission Street
intersection. After being remanded, the application appeared before the Planning & Zoning
Commission on August 5, 2008. At the August meeting, the Commission recommended the
application for approval by the Council.
Based upon a revised Development Agreement, which has been reviewed by the City Attorney,
staff recommends approval of this application. There was some discussion on the revisions made
to the development agreement and ordinance.
Mayor Kulesza opened the public hearing at 6:47 p.m.
Hearing no comments, Mayor Kulesza closed the public hearing at 6:47 p.m.
Council Member Witte moved to approve ZON-07-03, Crystal Beach Condominiums
subject to the presented Development Agreement and Findings and Conclusions. Council
Member Bailey seconded the motion and in a roll call vote, all members voted aye and the
motion passed.
Mr. Nichols stated that the ordinance was not noticed on the public agenda and that it should be
postponed and adopted on the January 8, 2009 Council meeting.
PUBLIC COMMENT
Mayor Kulesza called for public comment at 6:51 p.m.
Mark Colafranceschi – business owner – Expressed concern over how the City dealt with
Bonnie Bertram and the Pancake House and the paving of the parking lot. He feels that how the
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City deals with businesses in tourism, that the City needs to look at the business and what that
business does for the City and what tourists do when they come to the City. The tourists look for
things to do and there are few activities to do that are not outside activities. He feels if the City
jeopardizes the non outdoor activities, it jeopardizes tourism. He feels that during these
economic times it is disconcerting that the City would put undue pressure on a business that is
doing its best instead of trying to remedy the problem. He feels that Mrs. Bertram made the right
choice in not paving the parking lot so as not to over extend her and not be able to pay staff.
Mayor Kulesza responded that the City is taking steps to resolve the issue and has no intention to
have anyone go to jail, have anyone out of work, or to close down a business.
John Drips – long time resident – asked for clarification as to what the Council intends. Mayor
Kulesza repeated that the City has no intentions to send anyone to jail, put anyone out of work,
or to close down any business. He stated that Mr. Kirkpatrick has worked with the City
Prosecutor and the Bertrams to get a continuance to resolve the issue. Mr. Drips asked if Mr.
Kirkpatrick, the City Manager, acted with the direction of the Council or did he act alone. Mayor
Kulesza confirmed that the City Manager can act without the direction of the Council and the
City issues citations as needed. Mr. Drips does not feel that the articles in the paper are very
complimentary to either the City or to Mr. Kirkpatrick. He wanted to know if the Council
intended to make any apologies to the Bertrams.
Mr. Drips stated that the letter in the paper that got his attention was the one that questioned
whether or not there has been a mistake in the City Manager form of government in lieu of a
Mayor. He feels that if the citizens decide to take steps to change that they can elect to do so. He
feels that Bonnie Bertram is a pillar of the community and feels that the she put herself in a
position as a business woman to lose some clientele to serve on the Council. Mayor Kulesza
stated again for Mr. Drips that the City had made three offers to the Bertrams to try to resolve
this issue, once prior to the citation and twice after. The City has also worked with the
prosecuting attorney to continue the court date so it can be resolved, if they agree.
Council Member Bailey made a comment on the Mayor versus City Manager form of
government, his experience is that the decisions a Mayor makes is a political decision. He thinks
that the City of McCall runs very efficiently and in a professional manner with a City Manager
form of government. He disagreed with the letter to the editor questioning this form of
government.
Mark Colafranceschi wanted to know what the City’s stance is with these economic times, what
happens when a business owner cannot fulfill their obligations with the City in terms of doing it
within a timely manner that best serves the community and her staff. He feels that speaks loud
and clear when she was cited and being pursued in the courts as opposed to the City looking at
what she has done as a business person and as to what she has built. He feels that the City should
assume that she wants her building to be complete with the parking being a positive reflection on
what the building looks like. He wants to know what happens if it is not feasible and puts her
business in jeopardy.
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Mr. Nichols stated that when someone is in an economic hardship and is unable to fulfill their
contract, ordinarily that someone would approach the party of whom they have the contract with
and let it be known that they have a situation and then ask for an extension. It is not the City’s
responsibility to got to them and ask if they are going to be on time, it is on the shoulders of the
business owner to ask for an extension. As he understands the facts, that did not happen with the
situation with the Bertrams. The City does not question Mrs. Bertram’s business or how much
she contributes to the community; however the City is in a position that they have to approach
each person the same.
Mr. Colafranceshi stated that he felt it could have been dealt with differently. He appreciates that
the City treats everyone the same. He stated that he now has an understanding that the City is
trying to work with the Bertrams to resolve the issue.
Mr. Kirkpatrick explained that the City did show flexibility with this issue; due to the status of
the business owner, the City did not require a bond to ensure that the work would be done, as is
most often required for this type of project. It is always the City’s intention to work with
applicants to bring them into compliance with the City’s code in a way that meets their needs. In
this case, since the building was built in 2001, the City has worked with them to bring them into
compliance with storm water issues, and since the addition in 2007, the issue of paving the
parking lot. The City has tried to be cooperative as possible, as they would with the vast majority
of applicants.
Hearing no further comments, Mayor Kulesza closed the public comment at 7:12 p.m.
CONSENT AGENDA
Staff recommended approval of the following items:
• Minutes from October 23, 2008
• Warrant Register printed on December 11, 2008
• Payroll Report for Period ending November 28, 2008
• AB 08-239 Alcohol Beverage Catering Permits
• AB 08-240 AIP 13/14 State Grant
• AB 08-241 City Clerk Confirmation – BessieJo Wagner
• AB 08-244 Special Olympics Festival 2009 Road Closure
• AB 08-245 Idaho Department of Parks and Recreation Road and Bridge Program
grant application for intersection improvements at Lick Creek Road and
No. Davis Ave.
Some discussion took place to clarify the warrant register and correct the minutes.
Council Member Scott rejoined the meeting at 7:21
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Council Member Witte moved to approve the Consent Agenda with the minutes corrected.
Council Member Bailey seconded the motion and in a roll call vote, all members voted aye
and the motion passed.
BUSINESS AGENDA
Council Member Scott recused herself.
AB 08-238 SUB-05-01 – Whitetail – Phase 1A – Amended: Plat Recordation Timeline
Extension Request
Mike Hormaechea, developer, asked for a 12 month extension on the Whitetail – Phase 1A plat
recordation for some revisions and would like to bring it back to the City after the revisions.
Council Member Bailey moved to approve the plat recordation timeline extension request,
making the new deadline January 25, 2010. Council Member Witte seconded the motion
and in a roll call vote, all members voted aye and the motion passed.
Council member Scott rejoined the meeting.
AB 08-242 Idaho Power Company Increase in Franchise Fees Ordinance
To date the City had not received any public comment.
Council Member Scott moved to Read Ordinance 862 by title only, second reading only.
Council Member Bailey seconded the motion and in a roll call vote, all members voted aye
and the motion passed.
Ordinance 862 was read, second reading only by Mrs. Wagner.
AB 08-243 Environmental Advisory Committee Appointment
The Council had some discussion on the letters of interest and stated that they would appoint all
interested making the Environmental Advisory Committee a membership of five members to a
term determined with one High School Representative.
Council Member Bailey moved to appoint the following to the Environmental Advisory
Committee: Kathleen O’Neill and John Rygh to a term expiring on January 5, 2011;
Lindsey Truxel and Jenni Blake to a term expiring on January 5, 2012; Claire Remsberg
and Cindy Miller to a term expiring on January 5, 2013; and Nathan Wagner as the High
School Representative. Council Member Scott seconded the motion and in a voice vote,
three members voted aye and the motion passed. Council Member Witte abstained.
EXECUTIVE SESSION
At 7:43 p.m. Council Member Scott moved to go into Executive Session for litigation
pursuant to Idaho Code §67-2345(1)(f). Council Member Bailey seconded the motion and
in a roll call vote, all members voted aye and the motion passed.
ADJOURNMENT
Council returned to regular session and without further business, the meeting was
adjourned at 9:20 p.m.
ATTEST:
BessieJo W er, City C erk
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December 18, 2008