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HomeMy Public PortalAbout08.13.09 Regular Minutes Approved - AmendedMINUTES McCall City Council Regular Meeting Legion Hall (McCall City Hall - Lower Level) August 13, 2009 Agenda Call to Order and Roll Call Department Reports 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 5:30 p.m. Council Member Bailey, Council Member Delaney, Mayor Kulesza, and answered roll call. Council Member Scott and Council Member Witte were absent. City staff present were Lindley Kirkpatrick, City Manager; Bill Nichols, City Attorney; Jerry Summers, Police Chief; Eric McCormick, Golf Course Superintendent; Brock Heasley, Parks and Recreation Director; John Anderson, Airport Manager; Michelle Groenevelt, Community Development Director; Linda Stokes, City Treasurer; and BessieJo Wagner, City Clerk. COUNCIL WORKSESSION Council Member Scott arrived at 5:33 City Manager Report Mr. Kirkpatrick presented the City Manager's report. Wastewater capacity large pond is empty, ten feet lower than a year ago. Liner repairs will be starting over the next couple weeks. On Friday, August 21, 2009 the Sheep Bridge Dedication to Bill Keating will take place. The Consolidated Department Head Report Jerry Summers, Police Chief, informed the Council that McCall had been visited by an outlaw motorcycle gang on August 12, 2009. There were approximately 70 members of at least three different gangs who shut down the Foresters for a "meeting". The Boise Gang Unit was notified and the Ada County Metro Gang Unit. The McCall Police maintained surveillance of the gang for about six hours. The Federal agents picked them up just north of Smith's Ferry and followed them to the Valley where they were detained and questioned by authorities. Their major source of illegal activity is drug trafficking and violent behavior. McCall City Council Regular Meeting Page 1 of 9 August 13, 2009 John Anderson, Airport Manager, gave an update on the ASOS equipment relocation. The relocation had been successfully completed and it is in the process of getting online. The old site had been restored to its original condition. It was a combined effort and the Public Works depaitinent was very helpful. The Council thanked all the City staff who assisted with the proj ect. Agenda Amendment Council Member Bailey moved to amend the agenda to add a discussion regarding the Amended and Restated Ground Lease for the McCall Avenue homes. The amendment is necessary because the United States Department of Agriculture Office of General Counsel reviewed the lease and identified 5 areas of concern with the lease and after a conference with the City's Attorney it was determined that further Council action may be necessary; and to add an Executive Session for Litigation. The amendment is necessary to further the litigation issue. Council Member Scott seconded the motion. In a roll call vote Council Member Bailey, Council Member Scott, Council Member Delaney, and Mayor Kulesza voted yes and the motion carried. Mayor Kulesza led the audience in the Pledge of Allegiance at 6:01 p.m. PUBLIC HEARING AB 09-157 Bear Basin and Meadows Road Validation - A Public Hearing (Refer to the Council Packet for a full description of each exhibit) Mayor Kulesza stated that if there were anyone who wanted to present any exhibits for the hearing to present them to the clerk at that time. If anyone wanted to speak they were directed to sign -in on the public hearing sign -in sheet. Council Member Delaney moved to open the Public Hearing for Bear Basin and Meadows Road Validation. Council Member Bailey seconded the motion. In a voice vote all members voted aye and the motion carried. The clerk referred the Council to the 22 exhibits in their packets for reference during the process. Tim Swanson entered into evidence two memos as exhibit 23 and exhibit 24. Exhibit 24 was a staff report by the Interim Public Works Director, Tim Swanson affirming the following questions: Are Bear Basin Road and Meadows Road public rights -of -way? Does the City have authority as a highway jurisdiction and designated holder of public right-of-way? Is the validation of Bear Basin Road and Meadows Road in the public interest? Exhibit 23 was a memo submitted by Mr. Swanson addressing questions asked by the public over the weeks preceding the hearing. Witness: Ron Skiftun, Skiftun Land Surveying, (13784 Highway 55) gave a brief explanation on the process used to develop the legal descriptions of Bear Basin Road and Meadows Road. He submitted for evidence to augment exhibit #10 a total of five maps. Mr. Skiftun, as a licensed surveyor PLS 9585, testified for the record that both Bear Basin and Meadows Roads were in the City limits. McCall City Council Regular Meeting Page 2 of 9 August 13, 2009 Public Testimony Jim Campbell, 1607 Woodhaven Lane, stated that he had questions such as was the City just taking over the easements from the Forest Service, and does this offer an opportunity to get rid of the easements. Mayor Kulesza clarified that the easements had already been conveyed to the City from the Forest Service. Mr. Campbell just wanted some clarification that the hearing was indeed for a validation. Hope Miller, 1075 Meadows Road, lives in the County however has property in the City. Ms. Miller expressed concern with the 66 foot right-of-way. She also expressed concern with the size of the signs that were posted on the property; she made a suggestion that in the future there is more of an effort to make signs more readable from the road side. She was also concerned with what may done on the city road, how it would affect the county road. Jim Weaver, 1800 Bear Basin Rd, stated his concern that the private property owners have always paid to have the road plowed, and he asked that if it was going to be a public road that the City maintain it and plow it. Mr. Weaver did not feel it was fair for the public to use the road if the private property owners pay to plow it. He wanted a commitment that Bear Basin Road be closed to the public in the winter or the City should plow it. He did not believe that the original easement conveyed a public right-of-way; however he was willing to concede it to be a public road. Mr. Weaver also expressed concern as to whether the Forest Service had a legal right to convey the easements to the city as he stated that they had previously conveyed it to the state. He had no problem as long as there was assurance that the City would plow it. Mr. Weaver stated that he did not want snowmobiles to use it. Lisa Klinger 800 Westside Lake Ave, representing the Forest Service, McCall District Ranger, stated that they asserted that the easement were valid, they were supportive of closing the road to snowmobiles, they do not support a cart blanche closure to the public in winter as it would impede their ability to manage the Forest Service land. She also stated that the Forest Service supports the City in the validation effort. Mike Conner, 1030 Meadows Rd, concerned with the 66 foot right-of-way. It was clarified that his home was in the County; therefore the validation did not apply to his property. Jim Weaver clarified that if the Forest Service would need to do a timber sale and the Forest Service plowed the road there would be no issue. Mayor Kulesza called for any rebuttals, hearing none the Mayor declared that both parties were at rest. The clerk verified that exhibits 1-25 had been entered into the record. Tom Harris, 1300 Harris Road, asked for clarification on Exhibit 14, that the green line depicted the City limits. Mayor Kulesza and Council Member Bailey confirmed that the space within the green line on Exhibit 14 was indeed the City limits. McCall City Council Regular Meeting Page 3 of 9 August 13, 2009 Council Member Bailey moved to close the record. Council Member Delaney seconded the motion. In a roll call vote Council Member Bailey, Council Member Delaney, Mayor Kulesza and Council Member Scott voted yes and the motion carried. Deliberations: Council Member Bailey stated that validation of both roads is in the interest of the public. Mayor Kulesza stated that he also feels it is in the public interest to validate both roads. The question was posed that what happens when the easement and actual road do not match. It was clarified that the validation proceedings is to validate the road as described in the legal description, and has been evidenced that they are the current existing roads. Mr. Gigray clarified that the only issue before the Council was the road validation and not what would happen to the parts of the road outside of the City limits. Council Member Scott and Council Member Delaney are in agreement that it is in the interest of the public. The question was posed that would the City be required to maintain the road once validated. The answer was no, the understanding was that the City would have the authority to maintain it. Council directed staff to work toward a solution, at staff level, the question of maintenance and issues raised by Mr. Weaver. Council Member Bailey moved to direct the City Attorney to draft Findings of Fact/Conclusions of Law and Order of Decision validating Bear Basin Road and Meadows Road as Public Rights -Of -Way. Council Member Scott seconded the motion. In a roll call vote Council Member Bailey, Council Member Scott, Council Member Delaney, and Mayor Kulesza voted yes and the motion carried. Council Member Bailey moved to continue the public hearing at 6:00 p.m. on August 27, 2009. Council Member Delaney seconded the motion. In a voice vote all members voted yes and the motion carried. AB 09-158 FY10 Budget — A Public Hearing Lindley Kirkpatrick stated that this was the 4th meeting for Council to consider the budget. Mr. Kirkpatrick gave a brief explanation of what their packets contained and that the budget document had been posted on the City's Website. Mayor Kulesza opened the Public Hearing for the FY10 Budget adoption at 7:55. Ronda Sandmeyer 636 Floyd St. stated that she questioned the number of police officers the City has and the amount that were planned. She felt that based on the population of McCall there should be fewer officers. She stated that she would like McCall to consider a volunteer police force to assist when there were large amount of people in town. Council Member Bailey stated that safety for the citizens and for the officers were the City's concern. There was also a recommendation made by the Chief of Police a few years back on the number of officers needed to maintain the level of service needed for the citizens. The calls per McCall City Council Regular Meeting Page 4 of 9 August 13, 2009 officer were part of the criteria used to make the recommendation. He stated that there could be a possibility to revisit the number of officers needed. Council Member Delaney thanked Ms. Sandmeyer for her comments and stated that the Council does need to revisit how the number of officers needed is determined. Jerry Summers, Chief of Police, addressed the issue brought forward by Ms. Sandmeyer. He stated that in 1997 there were 13 sworn officers. With the hiring of the COPS grant officer the McCall Police force will be at 15 sworn officers. Consistently over the past nine years, the City of McCall, by the State of Idaho has been rated in the top five of the highest crime rate cities. The figures are based on per 100,000 populations, and McCall was classed as a 3000 population. Chief Summers pointed out that that number was skewed based on the number of tourist McCall has. He stated that it was presented to the previous Council that there would be anywhere between 10,000 and 12,000 people in and around town and any given time. He stated that at any given time 50% of the people in Valley County jail were arrested in McCall. Chief Summers stated that in regard to volunteers, the McCall Police Department would love to have volunteers; however it is difficult to find any who are qualified. There are standards that a volunteer must meet in order to be considered. If there are people who are not qualified there becomes a liability to the City, the City would be responsible for their ongoing training which would cost money. To maintain 24/7 coverage, Chief Summers stated it would take twelve officers. In order to account for vacations, training and illnesses, it takes 15 officers. He also explained that in order for an officer to respond to a call where there is a potential danger, there has to be two officers, for the safety of the officer. Chief Summers stated that the McCall Police offers a Citizens Academy to educate the general public of the situations officers face. He stated that usually there are 5-10 citizens that attend. In 2004 there were two outside studies done that stated the proper staffing level for McCall Police Department is 17 sworn officers. Currently there were 13 sworn officers with two open positions. Hearing no further comments, the Mayor called for a motion to leave the public hearing open to accept written comment until August 20, 2009. Council Member Scott moved to leave the Public Hearing open to accept written comments until August 20, 2009. Council Member Delaney seconded the motion. In a roll call vote Council Member Scott, Council Member Delaney, Council Member Bailey, and Mayor Kulesza voted yes and the motion carried. The Council had discussion regarding the Local Option Tax (LOT) distribution. Mr. Kirkpatrick asked the Council for guidance as to the priority for the LOT funds distribution. It was clarified that the matrix for the LOT funds was as recommended by the LOT Commission. Council Member Delaney stated that her priority would be with the organizations that bring dollars to McCall. After discussion there was a general consensus to go forward as recommended and revisit it in January 2010. McCall City Council Regular Meeting Page 5 of 9 August 13, 2009 Council Member Scott moved to approve the FY10 Local Option Tax funding recommendations from the Local Option Tax Commission and review it again in January 2010. Council Member Bailey seconded the motion. In a voice vote all members voted yes and the motion passed. Council Discussion on the FY10 Budget Council Member Delany brought up the funds allotted for VARHA of $15,000. She stated that VARHA had closed their office in McCall and she was not aware of any new Projects. Council Member Bailey stated that there was a project scheduled for Boydstun. Council Member Delaney questioned whether McCall was receiving the full benefit of the $15,000 and proposed that the Council have discussion as to a possible different way to spend it but still allocate the money to Community Housing. The Council had discussion as to the value of VARHA. Michelle Groenevelt, Community Development Director handed out a description of services provided by VARHA. It stated that VARHA would provide the following services: 1. Act as the local project manager and consultant in the development of affordable rental units 2. Assist public entity in the formation of a legally defensible, incentive based, voluntary, community housing ordinance 3. Participate in the statewide housing coalition urging state legislator to remove obstacles and create resources for the development of affordable housing. 4. Educate the Community on the importance of insuring the supply affordable housing opportunities for the citizens of Valley and Adams County. Ms. Groenevelt stated the opinion that based on prior years performance, the City was not likely to receive the level of service from VARHA that would warrant $15,000. Mr. Kirkpatrick disagreed stating it was important for the City to maintain their relationship and continue to fund VARHA, as McCall would provide 20% of their budget. VARHA is working on a project in McCall that the citizens and businesses of McCall will benefit from more than anyone else in Valley County. Mr. Kirkpatrick stated it was important for the City of McCall to continue to support the community housing efforts. McCall is the leader in the Community Housing efforts for Valley County. Mayor Kulesza stated that he supports the efforts of community housing; however he does not support certain individuals that did not live up to what they had promised to do. He expressed frustration with how the program had been managed. Council Member Delaney could not understand why Mr. Kirkpatrick would advocate for an organization that has not performed at the level they promised. Mayor Kulesza stated that he was advocating for the programs, not necessarily for the individuals. Council Member Delaney stated that she thought they would get zero value for the $15,000 if they chose to fund them she felt that the funds should be spent elsewhere. Mr. Kirkpatrick suggested that they fund VARHA for the first quarter then re-evaluate and if they have not performed then do not continue to fund them. Council Member Delaney maintains that she feels that VARHA has clearly not performed in the past and does not see that changing in the future. She stated that she does agree with the concept of affordable housing, she just does not think that VARHA gets it done. McCall City Council Regular Meeting Page 6 of 9 August 13, 2009 The Council continued discussions on affordable housing and what the options were including putting out a Request for Proposal, as well as economic development and whether to fund UPRED for $30,000. The Council came to a general consensus to have the budget reflect $15,000 to affordable housing and $30,000 to economic development as opposed to declaring it to VARHA and UPRED. Mr. Kirkpatrick asked the Council if it were their intentions to cancel the MOU's with either or both of these organizations. Council requested to view the MOU's prior to making a definite decision. Council member Bailey gave suggestion to making the budget document more complete. The Council thanked Linda Stokes, City Treasurer, for her efforts as related to the preparation of the budget document. PUBLIC COMMENT Mayor Kulesza called for public comment at 8:28 p.m. Hearing no comments, Mayor Kulesza closed the public comment. CONSENT AGENDA Staff recommended approval of the following items: • Minutes July 23, 2009 • Warrant Register printed on 8/07/09 • Payroll Report for Period ending 7/24/09 • AB 09-153 COPS Grant Acceptance • AB 09-155 Alcohol Catering Permits • AB 09-154 Alcohol License Report • AB 09-163 Contingent Revenue and Contingent Expense line item transfers for Recreational Trails Grant for Samson Trail pathway linkage • AB 09-152 Xerox Rental Agreement — Police Department Some discussion took place to clarify the warrant register and correct the minutes. Council Member Delaney moved to approve the Consent Agenda minus the July 23, 2009 minutes and AB 09-159 Alpine Village Utility Easement. Council Member Bailey seconded the motion. In a roll call vote, Council Member Delaney, Council Member Bailey, Council Member Scott and Mayor Kulesza, all voted aye and the motion passed. Council Member Bailey moved to approve the July 23, 2009 minutes. Council Member Scott seconded the motion. In a roll call vote, Council Member Bailey, Council Member Scott and Mayor Kulesza, all voted aye and the motion passed. Council Member Delaney abstained. AB 09-159 Alpine Village Utility Easement was removed from the agenda. McCall City Council Regular Meeting Page 7 of 9 August 13, 2009 BUSINESS AGENDA AB 09-156 Golf Advisory Committee Appointment Eric McCormick, Golf Superintendent, stated that the Golf Advisory Committee recommended Ron Noble be appointed. Council Member Delaney moved to appoint Ron Noble to the Golf Advisory Committee. Council Member Scott seconded the motion. In a voice vote all members voted aye and the motion carried. AB 09-160 SUB-07-12: Crossbar Condominiums — Final Plat Submission Deadline Extension Request Michelle Groenevelt, Community Development Director, stated that the reason for the request was due to City staff delaying in responding to the applicant requesting the status of the project. The applicant has been diligent in completing their project timely. Council Member Delaney moved to approve the Final Plat submission deadline extension request for SUB-07-12, establishing a new deadline of January 23, 2010. Council Member Scott seconded the motion. In a voice vote, all members voted aye and the motion passed. AB 09-162 FY09 Local Option Tax discussion: Revenue Projection & Funding Priorities for Remaining Projects Mr. Kirkpatrick stated that if the Local Option Tax funds continue to come in as projected there will be a short fall and a contingency plan needs to be made. He stated the City projects that are yet to be funded with revenue from the Local Option Tax, the Parking Study for Community Development, the Lick Creek Davis Intersection for Public Works, and savings with the purchase of a Mower for the Golf Course, were already completed and have found funding through other savings within their departments such as fuel savings.. Therefore these projects would not need the LOT funds should they not be available and then the remaining projects would get funded as planned. Council Member Bailey recommended that they wait until August 27, 2009 after the LOT receipts come in to make a more informed decision. There was a general consensus of the Council to wait until August 27, 2009 to make any decisions. AB 09-164 Restated Ground Lease Discussion Mr. Nichols gave a brief overview of the concerns that USDA Rural Development had with the Restated Ground lease for the McCall Avenue homes. One of the suggestions was to change the way the lease was worded, so that there is a fixed fee and then they get a discount if they are a "qualified buyer". They also had an issue with the fee related to the lease rate, as it was not a fixed dollar amount. There was a suggestion to create a transfer fee that is fixed and there again the "qualified buyer" could apply for it to be waved. There was much discussion as to what RD had issues with and how the lease could be amended to address those concerns. The discussion included that there are other loans out there that have been funded; however the type of loans provided by USDA RD are the type of loans that the people who need affordable housing would need. McCall City Council Regular Meeting Page 8 of 9 August 13, 2009 Graham Hubner, McCall Mortgage, gave a brief explanation as to why USDA denied a loan for these homes based on the lease. USDA had issues with the lease because the lease had restrictions on the purchaser into the future and they did not think that the purchaser should be penalized if their situation changed, he also stated that USDA stated that the lease did not consider the mortgagee's interest and the risk factor from a lending perspective. USDA would reconsider a loan if the lease was re -written to address their concerns. Council directed the City Attorney to amend the lease to reflect a fixed rental fee and a lease transfer fee. It was clarified that the lease transfer fee amount would be set at staff level. COUNCIL DISCUSSION Council Member Bailey noted that on the upcoming Council Meetings Schedule that the Recycle Center lease is to be scheduled. Mr. Kirkpatrick made some clarification that there had been some changes and there is some talk about leasing the land to Valley County and Valley County would run the recycle center. There was some discussion and more detail to come when it appears on the Council Agenda. COMMITTEE MINUTES The Council received copies of the following minutes: • McCall Urban Renewal Agency — June 19, 2009 • McCall Urban Renewal Agency — June 30, 2009 • Planning and Zoning Commission — June 2, 2009 EXECUTIVE SESSION At 10:42 p.m. Council Member Bailey made a motion to go into executive session for Litigation — Pursuant to Idaho Code §67-2345(1)(f) to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Council Member Delaney seconded the motion. In a roll call vote Council Member Bailey, Council Member Delaney, Mayor Kulesza and Council Member Scott all voted yes and the motion carried. ADJOURNMENT Without further business, the Mayor adjourned the meeting at 11:55 p.m. ATTEST: BessieJo Wag r, City Cle McCall City Council Regular Mee August 13, 2009 ••COI tiicC,'11��,�iy 1, t t, 10!...••� Bert Kulesza, Mayor Page 9 of 9 MINUTES McCall City Council Regular Meeting Legion Hall (McCall City Hall - Lower Level) August 13, 2009 The Executive Session portion of the August 13, 2009 minutes were amended on April 22, 2010 to ensure compliance with the requirements of IC §67-2344 (2). EXF( t FIN E SLSSION At 10:42 p.m. Council Member Bailey made a motion to go into executive session for Litigation — Pursuant to Idaho Code §67-2345(1)(l) to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Council Member Delaney seconded the motion. In a roll call vote Council Member Bailey, Council Member Delaney, Mayor Kulesza and Council Member Scott all voted yes and the motion carried. Council discussed litigation issues and explored possible strategies and solutions. Donald C. Bailey, ayor