HomeMy Public PortalAbout09.24.09 Regular Minutes ApprovedMINUTES
McCall City Council
Regular Meeting
Legion Hall (McCall City Hall - Lower Level)
September 24, 2009
Agenda
Call to Order and Roll Call
Work Session
Pledge of Allegiance
Public Comment
Consent Agenda
Business Agenda
Committee Minutes
Adj ournment
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, Mayor Kulesza, Council Member Scott and Council Member
Witte answered roll call. Council Member Delaney was absent.
City staff present were Lindley Kirkpatrick, City Manager; Bill Nichols, City Attorney; Michelle
Groenevelt, Community Development Director; Tim Swanson, Interim Public Works Director;
Rick Scherette, Street Superintendent; Linda Stokes, City Treasurer; Anne Kantola, Library
Director; Eric McCormick, Golf Superintendent; John Anderson, Airport Manager; and Shirley
Overton, Deputy City Clerk.
Mayor Kulesza excused Mrs. Overton from the meeting.
COUNCIL WORKSESSION
Council Member Delaney joined the meeting at 5:35.
AB 09-197 Environmental Advisory Committee Work Plan
Cindy Miller, Environmental Advisory Committee, presented the committee's work plan to
Council. She stated that the Committee needs a student member.
Mayor Kulesza stated that although he supported looking at alternatives for mosquito abatement,
of the list of priorities for the Environmental Committee, the mosquito abatement issue should be
lower on the list.
Council Member Delaney stated her approval of the mix of short term, visible projects with the
longer term projects. She wanted to know how effective the solar pumps were that move water
for mosquito abatement. Council Member Witte commented that the water conservation projects
should be priority.
McCall City Council Regular Meeting Page I of 8
September 24, 2009
Council Member Scott also liked the water quality protection measures. Council Member Bailey
commented that City Code already prohibits phosphorus in any laundry detergent.
Council Members Witte and Bailey approved of the air quality improvement projects.
Mayor Kulesza and Council Member Delaney expressed concern that the committee's project list
may be too long and cautioned about having too many priorities.
Mayor Kulesza led the audience in the Pledge of Allegiance at 6:02 p.m.
PUBLIC COMMENT
Mayor Kulesza called for public comment at 6:03p.m.
Mayor Kulesza stated that the public comment time is intended for a brief comment from the
public on any subject and is not intended to be an open invitation for presentations. He stated that
if someone has a presentation they would like to share with the Council, to notify the Council
ahead of time so that they can be put onto the agenda. He said that by giving enough time to be
on the agenda it gives proper notice to the public that the presentation is being done and if
someone should have an interest they can attend the meeting.
Ray Moore, representative of the Mountain Central Association of Realtors, requested that the
Council table their discussion on formula retail ordinance for 60 days. This would give the
Mountain Central Association of Realtors, the McCall Area Merchants Association and the
Chamber of Commerce an opportunity to make a recommendation.
Ronda Sandmeyer, representative of the McCall Area Merchants Association, stated that she
had a concern with the Mayor's clarification of the public comment time. She stated that she
researched the guidelines and rules for the agenda, and was unable to find any restrictions on
giving presentations during the public comment time.
Mayor Kulesza reiterated that the Council Agenda is finalized on the Friday prior to the meeting
and presentations need to part of the packet so that the public can be properly noticed. He also
stated that an agenda can be amended for items that need immediate action. He stated also that
the Council would like to hear the presentation from the McCall Area Merchants Association and
that they could be on the next agenda.
Ms. Sandmeyer stated that she would honor the Mayor's request. She asked that they be on the
next agenda. She stated that the McCall Area Merchants Association would like to partner with
the City. Ms. Sandmeyer then went into part of their presentation items. She wanted the
opportunity to share what the McCall Area Merchants Association is all about. Ms. Sandmeyer
asked if the Council would table their decision for the funds allocation for economic
development until they have heard the full presentation from the McCall Area Merchants
Association.
Hearing no further comments, Mayor Kulesza closed public comment at 6:20p.m.
McCall City Council Regular Meeting Page 2 of 8
September 24, 2009
CONSENT AGENDA
Staff recommended approval of the following items:
• Minutes June 25, 2009
• Special Minutes February 6, 2009
• Warrant Registers printed on 9/18/09
• Payroll Report for Period ending 9/04/09
• AB 09-191 Alcohol Catering Permits
• AB 09-193
• AB 09-194
• AB 09-195
• AB 09-196
• AB 09-198
• AB 09-200
Oktoberfest October 3, 2009 — MCPAWS fundraiser, sponsored by local
businesses and Alpine Village
Line Item Transfers from Contingent Revenue and Contingent Expense —
Insurance Reimbursement
Line Item Transfers from Contingent Revenue and Contingent Expense —
Park Donations
McCall Hospital Auxiliary grant application for Automatic External
Defibrillators for McCall Public Library and Recreation Department
Drainage Easement across Reserve on Payette
Terrorism Insurance Waiver
Some discussion took place to clarify the warrant register.
Council Member Delaney moved to approve the Consent Agenda. Council Member Scott
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.
BUSINESS AGENDA
AB 09-190 Tree Committee Annual Report
John Lillehaug, Chairman of The Tree Committee, reviewed the report on the events of the past
year, including current events and future goals.
AB 09-192 Direction on current formula retail and restaurant limitation codes
In the 2006 code rewrite of the McCall City Code Title 3, Planning and Zoning, a definition of
formula restaurant and retail was added to the code. Chapter 8 includes a limitation on formula
restaurants and retail to 10% of total number of restaurants and like businesses, respectively.
The McCall City Council held a work session to discuss the formula retail ordinance on June 25,
2009. The purpose of the work session was to discuss if the City should pursue a code
amendment to change the current formula retail or formula restaurant ordinance. A public
meeting was held on September 10, 2009 on the issue to give the Council a better sense of public
opinion.
Council Member Delaney stated that the code does not need to be changed. Mayor Kulesza
stated that there had not been a lot of public requests for a change of this code. He stated that the
current code was working the way it was intended.
McCall City Council Regular Meeting Page 3 of 8
September 24, 2009
There was some discussion as to how UPS, FedEx and Kinko's fit into the formula retail
equation. Michelle Groenevelt, Community Development Director, addressed the issue with the
Planning and Zoning Commission and they responded that UPS was in McCall prior to 2006.
Council Member Scott stated that the City needs to ensure that the code is being applied
consistently.
Council Member Bailey suggested that the definitions may need to be changed or clarified.
Council Member Witte did not think that it was the time to look at the ordinance, that first the
Council needs to consider a broader look at economic development. Council Member Scott
agreed.
Council Member Bailey stated that there was a need for a committee to review a good cross
section of the community to get a feel for what was needed within McCall. Council Member
Witte stated that there needs to be more analysis to determine whether the percentage is accurate.
Council Member Delaney stated that it was not just a business issue, but it was about the
character of the community. Mayor Kulesza agreed.
Robert Lyons, local realtor, stated that the ordinance should go before legal review.
Bill Nichols, City Attorney, responded that he looked at a case in Florida that was distinctly
different. He stated that there were no cases in Idaho and that he had not been able to find any
other cases that were parallel. He stated that there was not anyone who could say 100% yes or no
because it had not been decided in the state of Idaho. He continued that in the state of Idaho there
was wide discretion given to communities in regard to zoning decisions. On the legislative issues
there is discretion given when the Council has shown that they had considered a variety of
different issues.
Council Member Bailey was in favor of a cooperative economic strategy as proposed by Council
Member Witte.
Ronda Sandmeyer, McCall Area Merchants Association, questioned that by allowing Starbucks
in McCall was there favoritism shown to this retailer. Ms. Groenevelt stated that with the Shore
Lodge selling Starbucks merchandise it does not meet the definition of formula retail because it
does not have a store. There was discussion as to whether it was a Starbucks facility or if it was
owned by the hotel. The answer was that it was owned by the hotel therefore it did not meet the
definition of formula retail.
Tim Cochrane, CEO of the Chamber of Commerce, clarified that Starbucks sells their product
and the cups used at the Shore Lodge state "we proudly serve Starbucks coffee". He also
clarified that many franchises are converting from opening their own stores to selling their
products to be sold under other names. He stated that the City and the businesses need to work
together to determine what needs to come to McCall to compliment what is already here.
Darrell Cobb asked the Council to table the discussion until an economic plan has been
developed to determine what is needed in McCall and a plan to get it to McCall.
Robert Lyons stated that, in his opinion, according to the ordinance the way it was currently, if
one of the local franchises closed their business then there would be no way to prevent a
McCall City Council Regular Meeting Page 4 of 8
September 24, 2009
McDonald's from going in that place. It was clarified that they would be under the same rules for
design review as any other business.
Council Member Delaney clarified that instead of waiting to make a decision, leave the
ordinance as is. She continued stating that after working through economic development, if it is
decided that the ordinance needs to be changed the change would take place at that time.
Council Member Delaney moved to keep the current ordinance on formula retail in place
as written. Mayor Kulesza seconded the motion.
Discussion
Mr. Nichols stated that the motion does not change anything and does not prevent the Council
from continuing the discussion.
There was some concern expressed from the members of the community that the issue would die
and not be revisited. Mayor Kulesza stated that the issue would not die and would continue
during the economic development discussions and reviewed at a later date. There was also
discussion on whether or not the motion was necessary.
Council Member Scott stated that the vote should not be considered in isolation, and that a yes
vote is not a blanket checkmark for the next four years.
In a voice vote Council Member Delaney, Mayor Kulesza, Council Member Bailey, and
Council Member Witte voted aye and Council Member Scott voted nay and the motion
carried.
Meeting recessed from 7:42 p.m. — 7:48 p.m.
AB 09-188 FY10 Economic Development Activities
Mr. Kirkpatrick gave a brief introduction to the history of the economic development issue. He
stated that one of the recommendations from staff was to continue to support the Upper Payette
River Economic Development Council (UPRED) to some degree. He also presented some ideas
that the City could do to foster economic development.
Mayor Kulesza stated that the City supports economic development. He stated that the focus
should be on how the City can get the most value for the money.
John Blaye, UPRED, reviewed his proposal for the Council and provided additional materials to
the Council. Mr. Blaye indicated that his organization provides more than just a survey, and
involves consulting with a Business Retention and Expansion Program. Mr. Blaye would like to
a have a workshop with City Council Members and the Department of Commerce on October 7,
2009.
Mayor Kulesza expressed concern that Mr. Blaye's plan did not include any mention of the
City's Comprehensive plan. Mr. Blaye stated that he did have a comparison of the
comprehensive plan and his economic strategy; however it was not with him at that time. Mayor
Kulesza questioned the amount of John Blaye's time it would take to accomplish Business
Retention and Expansion, and Business Recruitment. John Blaye indicated it would take the
majority of his time. Mayor Kulesza stated with Mr. Blaye's other commitments it would be very
difficult if not impossible for him to dedicate the amount of time needed.
McCall City Council Regular Meeting Page 5 of 8
September 24, 2009
Council Member Delaney suggested that some other proposals come to the Council with ideas as
well. A discussion of planning efforts followed, with Council Member Scott commenting that all
resources would need to be pulled together such as Sage. She would like to see a concrete plan.
It was decided that the Council should review the additional material from Mr. Blaye, and
schedule a date for a Department of Commerce meeting to stage a mini -strategic plan. Council
Member Scott indicated that Mr. Blaye should be compensated if he is doing work for the City of
McCall.
Council Member Witte left the meeting at 8:50 p.m.
Darrell Cobb commented that McCall Area Merchants Association (MAMA) was not trying to
take money from Mr. Blaye's efforts, but he feels that the money should be used for specific
events or activities if it does not go to UPRED. Mr. Cochrane indicated that the Chamber of
Commerce agreed.
AB 09-189 FY10 Community Housing Options
Mike David, Valley Adams Regional Housing Authority (VARHA), reviewed the proposal for
Community Housing and indicated that the focus had switched to rentals. Mr. David indicated
that VARHA presence in the community would be increased, no matter what funding was
provided and the VARHA website would be brought back up. He also stated that a strategic plan
was necessary to meet the needs of the community with the housing issues.
There was some discussion of the Deinhard project of 35 affordable rental units. There was $6.5
million in funding provided by tax credits and stimulus money. There will be a pre -application
meeting with Planning and Zoning for this project on October 13, 2009.
Council Member Witte rejoined the meeting via telephone at 9:05 PM.
Council Member Delaney expressed that she liked the idea of land acquisition as a viable option.
She also questioned how meaningful a strategic plan would be at this time considering the status
of the economy.
Council Member Scott stated that McCall, at some point, would be in need of more affordable
housing. She also stated that there was value with incentive -based codes.
Mr. David indicated that VARHA would survive this year, regardless of what the City does. He
believes, however, that the best use of the City's budgeted $15,000 for community housing
would be to keep VARHA strong and viable.
Council Member Delaney left the meeting at 9:15 p.m.
Council Member Bailey's opinion was that the City would be better off spending the funds on
something other than land acquisition. There was some discussion about enhancing, expanding,
or doing something better on the county site.
Mr. David indicated that the VARHA Board still needed a McCall member.
Council Member Bailey recommended continuing VARHA funding on a quarterly basis,
($3,750) with specific, deliverable goals:
McCall City Council Regular Meeting Page 6 of 8
September 24, 2009
" E x a m p l e s o f I n c e n t i v e B a s e d O r d i n a n c e s
" O u t l i n e / S u m m a r y o f P o s s i b i l i t i e s
" A n y c h a n g e s i n o u r c o d e ? R e m o v e I n c e n t i v e s
M s . G r o e n e v e l t s t a t e d t h a t w h e n c o n s i d e r i n g i n c e n t i v e b a s e d o r d i n a n c e , t h e C i t y ' s c u r r e n t c o d e
n e e d s t o b e c a r e f u l l y c o n s i d e r e d a s t h e r e a r e a l r e a d y i n c e n t i v e s b u i l t i n t o t h e c o d e .
C o u n c i l M e m b e r W i t t e ' s c o n c e r n w a s t h a t t h e C i t y h a d a s k e d f o r e x a m p l e s o f i n c e n t i v e b a s e d
o r d i n a n c e s f r o m V A R H A p r e v i o u s l y a n d t h e y h a d n o t p r o v i d e d a n y , s o s h e w a s d o u b t f u l t h a t
t h e y w o u l d b e a b l e t o p r o v i d e a n y t h i n g w i t h i n t h e f i r s t q u a r t e r . M r . D a v i d c o u n t e r e d t h a t s i n c e
t h e c o n c e p t i o n o f V A R H A t h e r e a l e s t a t e m a r k e t h a d c h a n g e d d r a m a t i c a l l y a n d i n c e n t i v e b a s e d
o r d i n a n c e s w e r e n o t a p r i o r i t y u n t i l n o w . H e a s s u r e d t h e C o u n c i l t h a t h e c o u l d p r o v i d e i d e a s f o r
o r d i n a n c e s w i t h i n t h e f i r s t q u a r t e r .
A l l C o u n c i l M e m b e r s c o n c u r r e d t h a t V A R H A w o u l d r e c e i v e f i r s t q u a r t e r f u n d i n g a n d p r o d u c e a
d o c u m e n t o n i n c e n t i v e b a s e d o r d i n a n c e s .
A B 0 9 - 1 6 9 H i g h w a y B a n n e r P o l i c y
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s t a t e d t h a t m e m b e r s o f t h e C o u n c i l h a d q u e s t i o n e d t h e p r o c e s s f o r d e c i d i n g w h o w o u l d g e t
p r i o r i t y i n a c a s e w h e r e t w o e v e n t s h a d r e q u e s t e d t h e s a m e d a t e . H e a l s o s t a t e d t h a t t h e r e i s a n
o p t i o n f o r a s e c o n d l o c a t i o n a t t h e w e s t e n d o f t o w n . W h e n t h e o r i g i n a l p o l i c y w a s p u t i n t o p l a c e ,
t h e C h a m b e r o f C o m m e r c e , a l o n g w i t h v o l u n t e e r s , w a s r u n n i n g t h e p r o g r a m . C u r r e n t l y t h e r e w a s
n o t a n y k i n d o f p u l l e y s y s t e m o n t h e w e s t s i d e o f t o w n a n d t h e e x i s t i n g p o l e a n d t r e e m a k e i t
d i f f i c u l t t o s a f e l y h a n g a b a n n e r .
M r . K i r k p a t r i c k s t a t e d t h e R i c h H o r m a e c h e a f r o m S h o r e L o d g e o f f e r e d t o a s s i s t t h e C i t y w i t h
m a k i n g t h e w e s t s i d e s i t e a v a i l a b l e f o r H i g h w a y B a n n e r s . T h e y m a y h a v e a p o l e t h a t c o u l d b e
u s e d . T h e r e w a s n o s p e c i f i c a g r e e m e n t m a d e o n l y t h a t t h e o f f e r w a s p u t f o r t h t o a s s i s t . T h e
c o n s e n s u s f r o m C o u n c i l w a s t h a t t w o l o c a t i o n s w o u l d b e p r e f e r a b l e .
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o p p o s e d t o h a v i n g t h e C o u n c i l a p p r o v e e v e r y a p p l i c a t i o n . A l l M e m b e r s a g r e e d t h e r e w o u l d b e
n o f e e . A l l C o u n c i l M e m b e r s w e r e f a v o r a b l e t o t h e b a n n e r o n t h e w e s t s i d e o f t h e C i t y a n d
a g r e e d t h a t s t a f f l e v e l a p p r o v a l w o u l d b e a p p r o p r i a t e f o r b a n n e r s .
M a y o r K u l e s z a m o v e d t o d i r e c t s t a f f t o s t a r t t h e c o d e a m e n d m e n t c h a n g e a n d p r e p a r e a
r e s o l u t i o n a n d o r d i n a n c e . C o u n c i l M e m b e r B a i l e y s e c o n d e d t h e m o t i o n . I n a v o i c e v o t e a l l
m e m b e r s v o t e d a y e .
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T e m p o r a r y S i g n s - s h o u l d b e c l a r i f i e d t o s t a t e " s u b j e c t t o a d m i n i s t r a t i v e a p p r o v a l " .
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C o u n c i l M e m b e r S c o t t s t a r t e d t h e d i s c u s s i o n b y s t a t i n g t h a t s h e w o u l d l i k e f o r t h e C o u n c i l t o
h a v e a T o w n H a 1 1 S t y l e m e e t i n g t o o b t a i n s p e c i f i c d a t a f r o m c i t i z e n s a s t o w h a t t h e y f e e l t h e
l o c a l g o v e r n m e n t r e l a t e s t o t h e m . S h e s t a t e d t h a t t h e r e s h o u l d b e a s p e c i f i c t o p i c s o i t d o e s n o t
t u r n i n t o a " b a s h " s e s s i o n .
M c C a l l C i t y C o u n c i l R e g u l a r M e e t i n g P a g e 7 o f 8
S e p t e m b e r 2 4 , 2 0 0 9
There was some discussion as to how it would be advertised and who would draft a possible
outline for the discussion. Mayor Kulesza and Council Member Witte indicated this should be
dealt with after the election so there would not be any confusion between the candidate forum
and the town hall meeting. Council Member Scott indicated that prior to the election could be
more beneficial as it may be less directed at individuals.
Council Member Scott agreed to outline the format of the meeting. The staff is to propose dates,
October 26-29, or after the election.
COMMITTEE MINUTES
The Council received copies of the following minutes:
• Tree Advisory Committee — July 8, 2009
• Urban Renewal Agency — July 21, 2009
• Urban Renewal Agency — July 29, 2009
• Urban Renewal Agency — August 18, 2009
• Environmental Advisory Committee — August 18, 2009
• McCall improvement Committee — May 28, 2009
• McCall Improvement Committee — June 18, 2009
• McCall Improvement Committee — July 23, 2009
• McCall Improvement Committee — August 20, 2009
• Planning and Zoning Commission — August 4, 2099
ADJOURNMENT
Without further business, Mayor Kulesza adjourned the meeting at 9:55 p.m.
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McCall City Council Regular Meeting Page 8 of 8
September 24, 2009