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HomeMy Public PortalAbout05.14.09 Regular Minutes ApprovedMINUTES McCall City Council Regular Meeting Legion Hall (McCall City Hall - Lower Level) May 14, 2009 Agenda Call to Order and Roll Call Department Reports Public Comment Consent Agenda Business Agenda Committee Minutes Adjournment CALL TO ORDER AND ROLL CALL Mayor Kulesza called the regular meeting of the McCall City Council to order at 5:30 p.m. Council Member Bailey, Council Member Delaney, and Mayor Kulesza, answered roll call. Council Member Scott and Council Member Witte arrived just after roll call. City staff present were Lindley Kirkpatrick, City Manager; Bill Nichols, City Attorney; Eric McCormick, Golf Course Superintendent; Anne Kantola, Library Director; Brock Heasley, Parks and Recreation Director; Linda Stokes, Treasurer; Michelle Groenevelt, Community Development Director; David Simmonds, Information Systems Manager; and BessieJo Wagner, City Clerk. COUNCIL WORKSESSION City Manager Report Mr. Kirkpatrick presented the City Manager's report. He brought the following items to the Council's attention: on May 19 and 20, 2009 Mr. Heasley, Parks and Recreation Director, has a cleanup organized for the area just north of Mile High Marina in cooperation with the Sheriff's Department. Some grant information was that Carol Coyle, Grant Coordinator, had earned over $3,000,000 in grant funds for the City during her tenure at the City of McCall. He also highlighted some of the recent grant awards the City had received. Consolidated Department Head Report Mayor Kulesza stated that he talked with some of the residents of Colorado Street on the issue of parking. He stated that after he has collected more input from the citizens he would give all the information to the Community Development Department. Mr. Heasley updated Council on the status of the Art Roberts restroom facility. He stated that he had received four estimates from builders in the area. The decision of who will do the work will McCall City Council Regular Meeting Page 1 of 6 May 14, 2009 soon be determined. It was determined that the site built option was cheaper and faster than a prefabricated building. Mr. Kirkpatrick clarified the process involved for doing a "leak test" on the J-Ditch pond to determine if there is actually a leak. The pond has yet to "pass" the test due to the timing of the test. The test has to be done when either the pond is 100% full, which it never is; or when it is as full as it gets, which is a problem due to freezing temperatures that tamper with the results as ice evaporates slower than water. There was some discussion on the figures of the LOT summary and it was determined that there was an error. The next report would show the accurate figures for LOT. Council Member Witte asked about the City's response to the letter from the veterinarian. Council Member Scott responded that she is looking into the issues. There was some discussion on a citizen's request for a change in the bus route; it had been passed onto the Transportation Advisory Committee to review. They also discussed the concern from a citizen as to why some streets are getting repaved prior to their street getting paved even once. The basic response is that the City looks at the travel the street gets and prioritizes the need. There was some discussion as to a method to relay to the public the plan for street paving. Council Member Witte would like to see the responses the City is giving to citizen requests. Council Member Bailey stated that there needs to be an appointment to the VARHA Board. Mayor Kulesza led the audience in the Pledge of Allegiance at 6:05 p.m. PUBLIC COMMENT Mayor Kulesza called for public comment at 6:06 p.m. Hearing no comments, Mayor Kulesza closed the public comment at 6:06 p.m. CONSENT AGENDA Council Member Scott requested that Agenda items AB 09-79 and AB 09-80 be pulled from the consent agenda and moved to the business agenda. Staff recommended approval of the following items: • Minutes November 20, 2008 • Warrant Register printed on May 7, 2009 • Payroll Report for Period ending April 17, and May 1, 2009 • AB 09-72 Highway Banner application - Art Show • AB 09-73 Highway Banner application — McPaws Bark in the Park • AB 09-74 Alcohol Beverage Catering Permits as of 05-04-09 • AB 09-76 Utility Hardship Renewal Application McCall City Council Regular Meeting May 14, 2009 Page 2 of 6 " AB 09-78 Idaho Gem Grant application Council Member Delaney moved to approve the Consent Agenda excluding the minutes and AB 09-79 & AB 09-80. Council Member Bailey seconded the motion. In a roll call vote, Council Member Delaney, Council Member Bailey, Mayor Kulesza, Council Member Scott and Council Member Witte all voted aye and the motion passed. Council Member Bailey moved to approve the November 20, 2008 minutes; Council Member Delaney seconded the motion. In a voice vote, all members voted aye and the motion passed. Council Member Scott abstained. BUSINESS AGENDA AB 09-79 Helipad Lease Agreement with USDA Forest Service Council Member Scott felt that this item needs to go before the Airport Advisory Committee prior to Council action. Council Member Scott moved to refer the Helipad Lease Agreement with USDA Forest Service to the Airport Advisory Committee for review prior to any Council action; Council Member Delaney seconded the motion. In a voice vote, all members voted aye and the motion passed. AB 09-80 Consent to Assignment of Lease; Hangar 562, Steve Minor, McCall Craftsman Homes, Hangar 105 Michael & Leslie Dorris, Hangar 707 Kris Cox, Lender Idaho First Bank Mr. Kirkpatrick gave a brief explanation that this assignment is due to financing of the current leases. Mr. Nichols further explained that it is a request from the bank to collateralize the loan; it is standard practice in the case where the building is owned and the ground is leased. Council Member Delaney moved to approve the consent documents and authorize the Mayor to sign any and all documents. Council Member Bailey seconded the motion. In a roll call vote, Council Member Delaney, Council Member Bailey, Mayor Kulesza, Council Member Scott and Council Member Witte all voted aye and the motion passed. AB 09-82 Request from Neighborhood Housing Services to modify the McCall Avenue homes land leases Connie Hogland, Chief Executive Officer of Neighborhood Housing Services, (NHS) stated that she has three offers for the McCall Avenue homes dependent on the increase in the lease amount being eliminated. The offers have asked to pay $1 year for 99 years. All three offers are for second homes. She stated that NHS has until May 15, to counter their offers. Mayor Kulesza does not feel that the condition of the additional lease amount is that great of a burden for someone who can afford a second home. Council Member Scott compared the additional lease amount to the property taxes that they would pay on the land and does not think that it is unreasonable. Mrs. Hogland stated that she thought that a flat rate of $100 a month was more reasonable. McCall City Council Regular Meeting Page 3 of 6 May 14, 2009 Council Member Delaney stated that NHS could lower the purchase price to make up the difference. There was discussion on an offer that was not countered by NHS, it was stated by Mrs. Hogland that the person making the offer made it clear that he could not afford any higher price. Mayor Kulesza stated that comparing the rent property to other land rent the amount the lease is stating is not unreasonable. He stated that the City was willing to take the $200,000 loss for community housing and has given up all the conditions. The City has given all it can give. Council Member Scott stated that she would consider the standard rate instead of doubling the rate. Council Member Delaney does not think that the rate is unreasonable, and feels that NHS could lower the purchase price. Gregg Lovell, Idaho First Bank, stated that he would like to see a standard lease amount at the time of purchase. Mr. Nichols explained the rationale for the lot rent price. Mayor Kulesza wants the homes to be used as community housing and the City has removed all restrictions and he does not feel that the lease rate is unreasonable for a second home owner. Council Member Delaney does not feel there is a reason to change it. Council Member Scott moved to amend the lease rate from twice the amount to the same as the Idaho Department of Lands; Council Member Bailey seconded the motion. In a roll call vote Council Member Scott and Council Member Bailey votes aye; Council Member Delaney, Mayor Kulesza, and Council Member Witte vote no and the motion failed. Council Member Witte would like to discuss in the future to eliminate the covenants to the McCall Avenue Homes and have only a ground lease. AB 09-81 CUP-09-02 — 907 W. Lake Street — Wild River Java and Blue Moose Bistro Not A Public Hearing Michelle Callahan and Danielle Swinford, applicant, presented their proposal to Council. There was discussion concerning the available parking at the site. Ms. Callahan and Michelle Groenevelt explained that the amount of parking proposed was within code; however Ms. Callahan stated that they had originally proposed a plan that had more parking spaces. The Council directed staff to consider the additional parking. Council Member Delaney Moved to approve CUP-09-02 for Wild River Java and Blue Moose Bistro subject to the attached Findings and Conclusions and authorize the mayor to sign all necessary documents. Council Member Scott seconded the motion. Discussion — Council Member Bailey questioned the need for number 11 on the Council Conclusions (page 5), stating what would be the need to have sidewalks when the sidewalks would not connect on either side? He would be willing to waive the requirement. Mr. Nichols suggested that since condition 11 is a code requirement, the Council could defer compliance, instead of removing the condition. He stated it should read "install a sidewalk at McCall City Council Regular Meeting Page 4 of 6 May 14, 2009 such time that there is an approved sidewalk plan for that section of West Lake Street." That would keep the condition consistent with the code. Council Member Delaney amended the motion to add to condition 11 on page 5 of the Council Findings and Conclusions the words: "at such time that there is an approved sidewalk plan for that section of West Lake Street." Council Member Scott seconded the amended motion. In a roll call vote Council Member Delaney, Council Member Scott, Council Member Bailey, Mayor Kulesza, and Council Member Witte all voted aye and the motion passed. AB 09-77 Lick Creek/Davis Intersection Improvements Construction Contract Award Tim Swanson, Public Works Director, explained funding and the difference of the CRABS product and the patching and overlay. The CRABS process is a where cement and recycled based materials are used. The road would be torn out and ground up, and then a cement product would be added with a machine that is available out of Washington. Then the road is rebuilt with the mixture. Since there is not a machine within the vicinity to use, Mr. Swanson allowed an alternate means, or a more traditional way to rebuild the intersection. The patching and overlay method uses the road that is already there and this particular section of road already had a good base of 6-8 inches of asphalt. There was some discussion as to the right-of-way issues on Ruby Street and a future plan to reclaim the right-of-way. Council Member Delaney pointed out that the Council needs to at some time in the near future give the right-of-way issue a specific time frame. Council Member Delaney moved to award the contract to P & M Excavators for alternative #2 per the recommendation of staff, and authorize the Mayor to sign all necessary documents; Council Member Bailey seconded the motion. In a roll call vote Council Member Delaney, Council Member Bailey, Mayor Kulesza, Council Member Scott and Council Member Witte all voted aye and the motion passed. AB 09-75 Surplus Property — Resolution 09-05 In response to Council Member Bailey's question, Mr. Nichols stated that there is a State Statute that precludes the Council, City Manager and Department Heads from participating in the City Surplus Auction. He referred the Council to the State Attorney General's Ethics Guide. Council Member Delaney moved to adopt Resolution 09-05 authorizing the sale of surplus property and authorize the Mayor to sign all necessary documents; Council Member Witte seconded the motion. In a roll call vote Council Member Delaney, and Council Member Witte, Council Member Bailey, Mayor Kulesza, and Council Member Scott all voted aye and the motion passed. AB 09-83 Local Option Tax Commission Appointment There is currently one vacancy for an at large resident candidate on the Local Option Tax Commission and the vacancy was advertised in the Star -News. Two letters of interest were received for previous openings, from Bonnie Bertram and William Thomas. Mrs. Bertram withdrew as a candidate and Carl Barrett submitted a letter of interest. After a brief discussion, with Council recognizing both candidates as being qualified to serve, a motion was made. McCall City Council Regular Meeting Page 5 of 6 May 14, 2009 Council Member Bailey moved to appoint Carl Barrett to the Local Option Tax Commission as the at large resident to a term expiring December 31, 2011. Council Member Scott seconded the motion. In a voice vote, all members voted aye and the motion passed. COUNCIL DISCUSSION Mayor Kulesza referenced the petition to change the current form of government and stated that there was still a question as to the number of signatures needed to complete the petition. Mr. Nichols stated that he would have that answer on Monday, May 18, 2009. Mayor Kulesza posed the question of whether the Council should correct errors that appear in the paper on the issue or should they just let people decide for themselves. Council Member Scott stated that she thinks that the Council needs to take a neutral stand on the issue. Mr. Nichols cautioned the Council to ensure that they are fully informed on the different issues so if any citizen asks them a question they know the correct information to answer the questions. Council Member Bailey stated that the code needs to be updated so in the event that a petition like this happens again the City staff would have a reference to draw from for the process. If the initiative passes a new ordinance would have to be passed and the code updated to accommodate the change in government. COMMITTEE MINUTES The Council received copies of the following minutes: • Historic Preservation Commission — March 17, 2009 • Environmental Advisory Committee — January 7 & 20, February 17, & March 17, 2009 • Golf Course Advisory Committee — November 12, 2008, February 11, & March 11, 2009 • Urban Renewal Agency — February 24, March 17, & April 9, 2009 ADJOURNMENT Without further business, the Mayor adjourned the meeting at 8:05 p.m. ATTEST: BessieJo Wa , City Clerk McCall City Council Regular Meeting May 14, 2009 Page 6 of 6