HomeMy Public PortalAbout02.26.09 Regular Minutes Approved MINUTES
McCall City Council
Regular Meeting
Idaho First Bank- Lower Level
February 26, 2009
Agenda
Call to Order and Roll Call
General Work Session
Public Comment
Consent Agenda
Business Agenda
Committee Minutes
Executive Session
Adjournment
CALL TO ORDER AND ROLL CALL
Mayor Kulesza called the regular meeting of the McCall City Council to order at 5:32 p.m.
Council Member Bailey, Council Member Delaney, Mayor Kulesza, answered roll call; a
quorum was present. Council Member Scott and Council Member Witte were absent.
In addition to the Council Members, present were Lindley Kirkpatrick, City Manager; Bill
Nichols, City Attorney; Pete Rittenger, Police Lieutenant; David Simmonds, Information
Systems Manager; Jairus Knudson, IT; John Anderson, Airport Manager; Jerry Summers, Chief
of Police; and BessieJo Wagner, City Clerk.
GENERAL WORK SESSION
ATV Regulations
Lieutenant Pete Rittenger, McCall Police Department, gave a presentation to Council on the
ATV Regulations. The issue for McCall is that legislation was passed effective January 1, 2009
that allows ATV's to be driven on roads other than state highways and interstates. There are
designated highway crossings established by the Idaho Transportation Department (ITD) but
currently there were no designated crossings in McCall. All off road vehicles have to be
registered with ITD. The City can request from ITD a designated crossing in McCall.
Lieutenant Rittenger stated that issues may arise if the City should decide to allow ATV's to be
used as transportation within the City of McCall. There was some discussion as to safety issues
and whether people would be informed enough to know what the rules are. Lieutenant Rittenger
stated that the Council had options of restricting the use of ATV's in the City or they could make
a recommendation as to where ATV's could cross the highway.
McCall City Council Regular Meeting Page 1 of 6
February 26, 2009
Council Member Delaney asked for the recommendation of the Police Department. Lieutenant
Rittenger stated that with the way it was, it would be confusing to people and difficult to enforce.
He stated that the City's snowmobile regulations would be good to use as a template. There are
not as many laws governing ATV's as there are for motorcycles.
Mayor Kulesza stated that there was value to keeping to the snowmobile rules for ATV's so
there would be consistency. The Council will use the information to possibly make a decision at
a later date.
Council Member Witte joined the meeting at 6:00 p.m.
Mayor Kulesza led the audience in the Pledge of Allegiance at 6:01 p.m.
PUBLIC COMMENT
Mayor Kulesza called for public comment at 6:04 p.m.
Hearing no comments, Mayor Kulesza closed the public comment at 6:04 p.m.
CONSENT AGENDA
Staff recommended approval of the following items:
• Minutes January 8, 2009
• Warrant Register printed on February 19, 2009
• Payroll Report for Period ending February 6, 2009
• AB 09-32 Alcohol Beverage Catering Permit
• AB 09-33 2009 Alcohol Beverage License Expired
• AB 09-31 Golf Advisory Committee Member Appointment—Men's Association
Member
• AB 09-35 Landmark Heritage Trees Update
• AB 09-37 Approval of Summaries for:
Ordinance 864 amending Title 3
Ordinance 865 amending Title 8
Ordinance 866 amending Title 9
CA-08-06 & CA-08-07: Omnibus Code Amendments to Title 3, Title 8,
and Title 9
Some discussion took place to clarify the warrant register.
Council Member Delaney moved to approve the Consent Agenda. Council Member Bailey
seconded the motion. In a roll call vote, Council Member Delaney, Council Member Bailey,
Mayor Kulesza, and Council Member Witte voted aye and the motion passed.
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February 26, 2009
BUSINESS AGENDA
AB 09-34 McCall Memorial Hospital Expansion Plans—Presentation
Dr. Droge gave a power point presentation on the McCall Memorial Hospital. The presentation
included an overview of staff and services of the hospital, the hospital's master planning process,
and the needs of the hospital. The presentation also covered plans for the hospital's expansion
and the timeline for the expansion.
At 6:35 p.m. Mayor Kulesza called for a ten minute recess.
The meeting reconvened at 6:45
AB 09-36 Airport Through-The-Fence Proposal
Mayor Kulesza thanked the public for their participation in the issue of the Airport Through-the-
Fence proposal. He stated that there were in excess of 100 comments received. He asked if
anyone has a comment on the proposal that has not already presented their comments either
verbally or written that those comments would be heard at this time.
Public Comment
John Rygh —resident of McCall —He stated that the neither the public nor the Council had been
given details of the proposal and yet are being asked to make an irrevocable decision to sign an
access agreement. He pointed out that the investor, John McEwen, did not appear to think it
important to make an appearance and speak on the behalf of the proposal. He stated that in his
opinion it is not the kind of development is supported in the comprehensive plan. He stated that
he did not see how it would benefit the community as a whole and strongly recommends against
the proposal.
Brian O'Morrow, Developer with Brown's Industries responded to comments with the
following points:
1. The discussion of the relationship with John McEwen, the investor, for the Through-the-
Fence Proposal and Brown Industries. Mr. O'Morrow stated that Mr. McEwen has a
genuine interest in what is happening in McCall, he has met with past Council and City
staff on this proposal and is willing to come and meet with Council and or staff and the
Planning and Zoning Commission.
2. Mr. O'Morrow stated the he was disappointed with the responses that they received about
the DeBoer family and Brown Industries. He stated that he is available to answer any
questions that people have for the family or Brown Industries.
3. On the issue that it is a land deal in which no one but the developer and the investor
would stand to benefit, he stated that they are planning community minded projects.
4. He addressed the problems happening in Sandpoint. All the property on the west side of
the airport is privately owned that had easements onto the airport. New residential use
caused the problem with the FAA. The issue was that there was a new Through-the-
Fence agreement that had been signed within the last two years that does not prohibit
residential use. The issue the FAA had was that Mr. McEwen built infrastructure and has
unlimited access to the airport. He stated that legally the FAA could not take the access
away due to the rules of land acquisition process.
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February 26, 2009
5. He clarified that there was not an actual project plan on the table, they are asking for
approval of the Through-the-Fence agreement. Access to the airport would not be
granted. The agreement gives a plan for the next step of the process.
6. On the issue of air traffic the question of will the proposal increase jet traffic? Mr.
O'Morrow talked about imminent growth and what kind of planes that would be likely to
fly in to the airport.
7. Moving the airport — Mr. O'Morrow stated this proposal would not prevent moving the
airport.
8. FAA comment — He stated that the FAA does have enough information for this
agreement; they want the FAA to be part of the development. He stated that the
agreement gives the City the right to terminate the agreement at any time
9. FAA—there may be some linkage or alleged linkage to grant agreements to this proposal,
but he did not think the FAA could or would withhold funding.
10. The City should not allow the FAA to affect City planning or control development in
McCall.
11. In response to the comment"Isn't McCall great just the way it is?" Mr. O'Morrow stated
that unfortunately if steps to move forward do not happen, McCall cannot stay the same.
Mayor Kulesza stated that the issue before the Council is the Through-the-Fence proposal — and
he recognizes that some would be for it and some against. He stated that it should not be a
"litmus test" as to whether the Council supports a business plan, or whether or not the Council
supports development, or whether or not the Council appreciates the contributions of the DeBoer
family or Brown Industries.
Council Member Bailey responded to accusations that he wrote the agreement stating that he did
not write it. He stated that over the past three weeks he had been involved in the editing of the
document to ensure the protection of the City and the community. Mr. Bailey gave a history of
the Through-the-Fence agreement stating that it has been a long process and the process was not
being rushed as some think. He stated that the agreement did not give the developer any right to
build anything on the airport property. He clarified that there is a lengthy process the applicants
would have to go through to be able to build anything and there would be no residential building
allowed. He pointed out that currently the City had a Through-the-Fence agreement with the
USFS. Having this agreement with a private party versus a governmental agency could result in
$100,000 additional property taxes for the county and the City.
Mayor Kulesza commented that there would be a difference between a government agency and a
private party. Mayor Kulesza also recognized how much time and effort that Council Member
Bailey had put into the issue to protect the City. He stated that he had spoken with the FAA and
they stated that the FAA had a 20 year policy of discouraging Through-the-Fence proposals and
recognized that there are exceptions. The FAA can help communities acquire land. He stated that
the $150,000 a year from FAA, as well as grant funding — could affect the ability to compete
well for the discretionary dollars.
Mayor Kulesza spoke with Sandpoint city staff and their relationship with Mr. McEwen and his
partner. They reported that they found Mr. McEwen to be a shrewd businessman and honest in
his dealings in Sandpoint. Mr. Kulesza also contacted other communities about Through-the-
Fence proposals and found some to be violations of grant assurances. He received a letter from
ITD which expressed and advised the City to exercise great caution when considering a
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February 26, 2009
Through-the-Fence proposal. Mayor Kulesza stated that a Through-the-Fence agreement is not
necessary for a business park and there is no obligation of the City to accept such a proposal. His
frustration was such that the City was dealing with Brown Industries instead of Mr. McEwen,
whose project it is, on this issue. He stated that this Council has not heard form Mr. McEwen or
his partner, Mr. Maleski. He could not understand why they would not be interested in attending
to this project. He stated that he is aware of the fact that Mr. McEwen had met with the previous
Council and that there were some mitigating circumstances that he was unable to be present,
however, he felt that he should have given more time to the project so that either he or his
partner could have come to McCall and attended a meeting.
Mr. O'Morrow spoke to this issue and stated that his job for Brown's Industries is as a land
planner and developer. His company was hired to present this project and Mr. Maleski is an
investor, and Mr. McEwen is the managing partner of McCall Aviation Partners. Mr. Maleski's
interest is as an investor in the project and is investing in Mr. McEwen's Project. He offered to
come but was not able to come.
Council Member Delaney stated that if he did want to come that he could have waited for the
decision to be made. She reiterated that it was Brown's Industries that had pushed for the
decision to be made at this Council meeting. Mr. O'Morrow stated that Mr. McEwen was
represented through him and stated again that the Council has the right to cancel the agreement
at any time.
Mayor Kulesza posed the question of whether the Through-the-Fence agreement is in the best
interest of the community.
Council Member Delaney stated that the business park would be very powerful for the
community. She stated that she supported the business park but does not feel that the Through-
the-Fence agreement has anything to do with the business park. Mr. O'Morrow explained that
the annexation would be the start of the business park and that there were conditions in the
agreement that had to be met or the agreement was voided. These conditions act as protection to
ensure that the business park does get done.
Mr. DeBoer's connection to the project is that Brown's Industries does not have the funds to do a
business park on their own, and Mr. McEwen knows about the hangars and has the funding.
Council Member Bailey stated that in response to the letter from the FAA, that responded to the
Through-the-Fence agreement and had recommendations to change in the agreement, that all the
recommended changes had been made. He stated that the agreement addresses each of the
concerns that the FAA had.
Council Member Delaney asked if Council Member Bailey was concerned with the fact that the
FAA is still saying that they do not like the Through-the-Fence agreements. Council Member
Bailey stated that his impression was that it depends on the local FAA office.
Council Member Bailey was also concerned that Mr. McEwen had not appeared before this
Council.
McCall City Council Regular Meeting Page 5 of 6
February 26, 2009
Mr. Anderson stated that the agreement with the Forest Service was to maintain a taxi way and
was not a Through-the-Fence agreement.
Council Member Witte's perspective was that her responsibility was to the City and did not think
that the benefits of the Through-the-Fence proposal outweighed the potential risks.
Council Member Bailey addressed her concerns by stating that there are provisions in the
agreement to protect the City. He also stated that the Council could not rule out the possibility of
someone trying to sue the City of McCall.
Council Member Bailey moved to approve the Through-the-Fence access agreement.
Mayor Kulesza called for a second, hearing no second, and the motion died.
COUNCIL DISCUSSION
Executive session needs to be rescheduled to a future meeting.
The Council identified that the Impact fees issue needs to be resolved, and that the Council needs
to look at the potential of establishing a new Urban Renewal District.
COMMITTEE MINUTES
The Council received copies of the following minutes:
• McCall Public Library Board of Trustees—January 21, 2009
ADJOURNMENT
Council Member Delaney moved to adjourn the meeting. Council Member Witte seconded
the motion, and in a voice vote all members voted aye and the motion carried.
Without further business, the meeting was adjourned at 8:34 p.m.
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February 26, 2009