HomeMy Public PortalAbout10.08.09 Regular Minutes ApprovedMINUTES
McCall City Council
Regular Meeting
Legion Hall (McCall City Hall - Lower Level)
October 8, 2009
Agenda
Call to Order and Roll Call
Work Session
Pledge of Allegiance
Public Hearing
Public Comment
Consent Agenda
Business Agenda
Executive Session
Open 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 Council Member
Witte answered roll call. Council Member Scott was absent.
City staff present were Lindley Kirkpatrick, City Manager; Bill Nichols, City Attorney; Jerry
Summers, Police Chief; Linda Stokes, City Treasurer; Cindy Blackman, Personnel Manager;
Anne Kantola, Library Director; Dennis Coyle, Parks and Recreation Director; Bradley
Kraushaar, City Planner; and BessieJo Wagner, City Clerk.
Council Member Scott joined the meeting at 5:36
COUNCIL WORKSESSION
Consolidated Department Report
Mr. Kirkpatrick updated the Council on the meeting schedule for November and December and
asked the Council if the dates would work with their schedules. The general consensus was
approval of the dates as presented (November 4, & 19, and December 3, & 17, 2009).
The Council reviewed the consolidated department report. Council members expressed their
appreciation for several recent projects, including the work in Art Roberts Park, the Krahn Lane
Business Park Charrette, and the chip sealing of Spring Mountain Boulevard.
Council Member Bailey thanked Golf Superintendent, Eric McCormick and his crew for the
efforts they put forth to ensure the completion of Art Roberts Park.
McCall City Council Regular Meeting
October 8, 2009
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Council Member Bailey expressed concerned with the proposal of making a street a one way
street on Colorado Street to address the parking issues. He felt that the offer to remove an old
building and create a parking lot would solve the problem.
Council Member Witte stated that she would like to know the actual number of those requesting
to have their water turned off for the season. Mr. Kirkpatrick stated that staff was working on
two proposals to bring to Council, one was to continue to charge a base rate to customers who
have had their water turned off and, the other was to charge a lower rate during the time that the
wanted was turned off. Council Member Witte suggested that it should be considered to lower
the base rate with a higher use rate percentage to encourage water conservation. Mr. Kirkpatrick
reminded Council that the fix cost was established to ensure that the debt bond payment would
be earned.
Council asked for a deadline for water rate fees to be considered at the November 19, 2009
meeting.
Council Member Bailey complemented the design charette process for the Krahn Lane business
park.
Council Member Scott stated that the Spring Mountain Ranch to Deinhard chip seal project was
well done.
Mayor Kulesza led the audience in the Pledge of Allegiance at 6:00 p.m.
PUBLIC HEARING
AB 09-206 DR-09-31 — 1632 E. Lake Street - an appeal of a Planning & Zoning decision
- a PUBLIC HEARING
Bradley Kraushaar, City Planner, summarized the issue with DR-09-31 and the applicant's
neighbor's concerns. The concern was that the patio was planned to be on the property line so
the neighbor asked for additional vegetative visual barrier. Mr. Kraushaar stated that it was
staffs recommendation that Council uphold the Planning and Zoning Commission's decision.
Council wanted to ensure that the Planning and Zoning Commission meeting was properly
noticed. It was confirmed that the applicants were notified and the meeting was properly noticed.
Council Member Delaney wanted it clarified that the Commission had all the information that
the Council was presented with at the time of their decision. Mr. Kraushaar confirmed that they
had all the same information with the exception of the new appeal information from the
applicants.
Mayor Kulesza opened the public hearing at 6:18 p.m.
Jay Craig, Franz Witte Landscaping, asked the question of was it the Koeplin's responsibility to
provide a visual barrier or was it the other property owner's responsibility to provide their own
visual barriers.
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October 8, 2009
Council Member Delaney stated that at the Planning and Zoning Commission meeting there was
a sense that there would not be any issues with the conditions. She stated that the Commission
should have the opportunity to hear the concerns of the applicants since there were concerns and
the applicants were not at the meeting.
Shannon Koeplin, applicant, stated that they had presented a plan that met code so they did not
think there would be an issue. She stated that their lot was small and that putting in more trees
would take up the small yard space. She stated that they were planning on removing a spruce and
two aspen trees. She stated that the neighbor that was concerned with their plans had done some
poor and distasteful landscaping. She stated that they had concerns with the visual issues from
the opposing neighbor. She described, through the photos, their perspective as to how they
would like to utilize their property.
Pete Eisenman, neighbor to the South, stated that the two trees the Koeplins' wish to remove was
on the property line and that they would be disturbed if they were to take them out as they
provide a barrier. The buffer area that they would like to see would be down by the dock. He
also stated that they want the side walk moved over so the Koeplin's would not need to remove
any of limbs from his tree. Mr. Eisenman stated that they liked the trees and if the blue spruce
comes out it makes their yard wide open to the neighbors.
Council Member Scott asked if the Eisenman's would be willing to put the barrier on their
property if the Koeplin's paid for it. Mr. Eisenman stated that he would be willing if it was on
the property line.
Jay Craig spoke on Illustration 4 and why the pathway goes in the direction as proposed. He
stated that the trees that the pathway goes by are important to the Koeplins so the proposed
direction provides protection for the aspen trees.
The Council had discussion as to whether to remand it back to the Planning and Zoning
Commission and whether the Planning and Zoning Commission had the right to require the
Koeplins to plant a visual barrier. The question was posed as to whether the Design review
process followed code. Mayor Kulesza stated that he would like to see the neighbors work out a
solution between the two.
Council Member Delaney moved to remand DR-09-31 back to the Planning and Zoning
Commission for reconsideration, hearing no second, the motion died.
Council Member Witte stated that she would allow the Koeplins to go ahead with their project.
Eisenman stated if they take out the aspen there will not be a visual barrier, he was concerned
that the side walk and boulders would kill his trees; he did not want to see the spruce tree taken
out. He stated that he would back off the request for additional barrier if they agreed to leave the
spruce tree.
Mrs. Koeplin stated that the boulders are to protect the family from the wood, rebar and hide the
dirt berm created by the Eisenmans; she stated that there are many trees and does not feel that
removing the two trees would take that much away from the visual barrier.
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October 8, 2009
Mr. Kraushaar stated that the Planning and Zoning Commission did not have any opportunity to
hear from the property owner and that they made their decision without that information. Mr.
Kraushaar stated that the design guideline number two, which covers adjacent uses and new
construction should be compatible with existing uses and that the related uses should avoid
conflict; he also posed a question to Mr. Nichols, City Attorney, as to whether design guideline
number two would grant the Planning and Zoning Commission authority to require the barrier
and whether the Planning and Zoning Commission should reconsider.
Council Member Bailey stated that the Koeplin's project improves the appearance from the lake.
Council Member Scott stated that she agrees that the property owner should have the right to
decide whether to keep a tree or remove it. She also stated that the Koeplins should be able to
move forward with their project.
Council Member Witte asked how the Koeplins boulders and pathway would affect Mr.
Eisenman's trees. Mr. Craig stated that there would be potential of Mr. Eisenman's trees being
affected.
Hearing no further comments, Mayor Kulesza closed the public hearing at 7:11p.m.
Council Member Bailey did not feel that the City could deny the Koeplin's project, he stated that
the overall project was a plus and not to plant more plants close to the water.
Council Member Delaney stated that the Planning and Zoning Commission did not have the
opportunity to hear the issues since the applicant made the choice not to be there. She stated that
with respect to the Planning and Zoning Commission they should have the opportunity to hear
all the issues.
Mayor Kulesza would like to see a compromise however does not think that they will find a
compromise.
Mr. Nichols suggested that if the Council's decision was to overrule the Planning and Zoning
Commission decision then the motion should include no requirement to come back for further
approval should they decide to move the pathway.
Council Member Bailey moved to approve the application subject to the conditions of
approval that the Planning and Zoning Commission published dated September 1, 2009
with the following modifications to the conditions:
1. Strike condition la
2. Revise 1 b&c to add "recommend" the applicant.
Council Member Witte seconded the motion.
Discussion
Council Member Bailey stated that he would caution the property owners on removing the
spruce however he did not feel that the City could prevent them from removing the tree as it was
on their property. Mayor Kulesza would like to see a compromise between the two neighbors,
and for the applicant to consider flat sided boulders as not to damage the roots of the trees.
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October 8, 2009
In a voice vote Council Member Bailey, Council Member Witte, Mayor Kulesza, and
Council Member Scott voted aye, Council Member Delaney voted nay and the motion
carried.
The Council granted the appeal, filed by the property owner, and modified the conditions of
approval imposed by the Planning and Zoning Commission.
PUBLIC COMMENT
Mayor Kulesza called for public comment at 7:21p.m.
John Blaye, Upper Payette River Economic Development Council, handed out the results of the
Business Retention and Expansion Program survey.
Robert Lyons, 903 Anne Street, wanted to bring to Council's attention a building concern from a
home owner on Lick Creek. The house has a deck that is non -conforming to the current McCall
City Code. Mr. Lyons stated that he felt that code takes away a property owner's right to
maintain their property, he stated that new ordinances make older homes non -conforming and
the owners cannot maintain them. He stated that it was difficult to sell these homes. It was his
opinion that the City made new ordinances that make property non -conforming and does not
allow for grandfathering. He stated that the Council should look at the ordinances that were
pushed through quickly. He voiced his concern with the possibility of a law suit against the City.
He was also concerned that insurance may not cover a "non -conforming structure." Mr. Lyons
asked the Council to look at the code.
Hearing no further comments, Mayor Kulesza closed public comment.
CONSENT AGENDA
Staff recommended approval of the following items:
• Special Meeting Minutes: 4/10/09, 4/13/09, 4/17/09, and 5/08/09
• Warrant Register printed on 10/01/09
• Payroll Report for pay period ending 9/18/09
• AB 09-201 Alcohol Catering Permits
• AB 09-202 Certified Local Government grant application for Historic Preservation
Commission training
• AB 09-208 Winter Snow Removal Equipment Rental
• AB 09-203 Personal Property Lease Agreement — Artist Leasing Art to the City of
McCall — Zella Bardsley
• AB 09-209 Idaho Transportation Department Speed Study Request
• AB 09-214 Parks and Recreation Director Appointment — (added 10/06/09)
This item was moved to End of Business after the Executive Session.
Some discussion took place to clarify the warrant register and correct the minutes.
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October 8, 2009
Council Member Bailey moved to approve the Consent Agenda, minus AB 09-214. 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 09-211 McCall Area Planning & Zoning Commission Appointments
The Council confirmed Mayor Kulesza's appointment of Jim Betts to the P&Z, for a three year
term. Mayor Kulesza refused to submit Ronda Sandmeyer's name for the Council's
consideration. There was some discussion about the process and the authority of the Mayor. It
was clarified that appointments to city committees must be made by the Mayor and confirmed by
the Council.
There was also some discussion about Mayor Kulesza's reasons for not bringing Ms.
Sandmeyer's name forward. Mayor Kulesza's concern with Ms. Sandmeyer was the possibility
of a conflict of interest with her profession and he was concerned with Ms. Sandmeyer not
supporting the city. He gave an example that during the campaigning of the special election, Ms.
Sandmeyer supported a flier with false information on it about the City and he did not think that
it was in the public's best interest to appoint someone who may be biased or negative against the
City.
Mayor Kulesza recommended the appointment of Jim Betts as McCall Area Planning and
Zoning Commissioners for a term of three (3) years, expiring October 2012. Council
Member Bailey moved to support the Mayor's recommendation to appoint Jim Betts. In a
roll call vote, Council Member Delaney, Council Member Bailey, and Council Member
Witte, all voted aye, Council Member Scott abstained and the motion passed.
It was Council Member Delaney's opinion that with the opportunity to get involved, it could change a
person's perspective.
Council Member Scott asked for Mayor Kulesza to entertain a second motion to appoint Ronda
Sandmeyer, the Mayor stated that he would not.
AB 09-212 Model Community Land Trust Ground Lease from Rural Development
The Council heard from local mortgage broker Graham Hubner about a model ground lease
prepared by the National Community Land Trust Network. The model lease appeared to further
the community housing goals of the Council and would be acceptable to the lenders who
typically serve that market. Mr. Hubner recommended that the Council consider revising the
McCall Avenue Homes lease to resemble the model lease. He stated that the model lease can be
modified to meet the needs of the City while still meeting the requirements of the lenders.
Mr. Hubner stated that he had received a letter from Joann Butler, Attorney for Neighborhood
Housing Services, which supported the model lease. He stated that he had received opinions
from other counsel as well and most were with the opinion that the model ground lease gives the
City more protection than their current lease.
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October 8, 2009
Mr. Nichols stated that the model lease was much like the deed restrictions of the Community
Housing Covenants.
The model lease will be further reviewed by the Council, Neighborhood Housing Services, and
USDA Rural Development. Council action will be scheduled for a future meeting.
AB 09-213 Community Land Trust Ground Lease Rider
Mr. Hubner explained the differences of the different types of loans that are available under
different circumstances. He explained that on lease hold or affordable housing generally need a
rider to the lease to enable a lender to lend on that property. Mr. Hubner explained the need for
the rider and which lenders would require it. Nick Partin, Rural Development, requested from
the General Council at Rural Development a rider specific to Mr. Kraushaar so that he could
receive a loan to purchase one of the McCall Avenue homes prior to the City revising the ground
lease.
No action was taken by Council.
AB 09-205 McCall Area Merchants Association Presentation to Council
Ronda Sandmeyer gave a presentation to the Council, providing background on the Merchants
Association, some of their accomplishments, and describing why the City should provide them
funding. The Council did not take any action at this time.
Council Member Scott Recused at 9:11 p.m.
AB 09-204 SUB-06-08: The Timbers— Request for 2°a Development Agreement
Amendment
Bradley Kraushaar introduced Mike Hormaechea, developer for The Timbers condominiums.
Mr. Hormaechea explained that in the current economic climate it would not be equitable to add
carports and or storage units to the already completed Timbers Condominiums. After a brief
discussion, the Council amended the Development Agreement to remove the requirement to
construct carports and storage units.
Council Member Delaney moved to approve the 2" Amendment to the Development
Agreement for the Timbers Condominiums (SUB-06-08), deleting Article V from the First
Amended Development Agreement and authorize the mayor to sign all necessary
documents. Council Member Witte seconded the motion. In a roll call vote, Council
Member Delaney, Council Member Witte, Council Member Bailey, Mayor Kulesza, and
Council Member Scott all voted aye and the motion carried.
Council Member Scott rejoined the meeting at 9:25 p.m.
AB 09-207 Revision of the 2003 Personnel Policy Manual
Cindy Blackman, Human Resources Manager, reviewed the proposed changes to the Personnel
Policy Manual. Ms. Blackman stated that by updating the Personnel Manual she was able to
incorporate ICRMP's recommendations and to separate out operating procedures. The Council
discussed several sections of the manual and suggested changes. The Council was very
supportive of the proposed changes. Adoption of the revised Personnel Policy Manual will be
scheduled for a future Council meeting.
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October 8, 2009
AB 09-210 Facilities Plan - Strategic Plan for a Public Charette
The Council reviewed the materials put together by Jerry Summers, Chief of Police, and Anne
Kantola, Library Director. The process proposed included a conceptual design for a strategic
planning charrette. The Council strongly supported a thorough public involvement process,
involving several workshops, leading to the formation of a separate group to advocate for the
passage of a bond to build the campus plan. At the conclusion of the discussion, the Council
directed staff to bring the topic back to the new Council in January or February for their
implementation.
EXECUTIVE SESSION
At 10:22 p.m. Council Member Scott made a motion to go into executive session for
Employment — Pursuant to Idaho Code §67-2345(1)(a) To consider hiring a public officer,
employee, staff member or individual agent, wherein the respective qualities of individuals
are to be evaluated in order to fill a particular vacancy or need. Council Member Witte
seconded the motion. In a roll call vote Council Member Scott, Council Member Witte,
Council Member Bailey, Council Member Delaney, and Mayor Kulesza all voted yes and
the motion carried.
OPEN SESSION
AB 09-214 Parks and Recreation Director Appointment — (added 10/06/09)
The Council unanimously confirmed Mr. Kirkpatrick's selection of Dennis Coyle as the new
Parks & Recreation Director. Mr. Coyle will officially start work on October 26. Mr. Kirkpatrick
stated that Mr. Coyle would be joined by Kurt Wolf, who will start as the new Recreation
Supervisor on October 26, 2009.
ADJOURNMENT
Without further business, the Mayor adjourned the meeting at 11:56p.m.
ert Kulesza, Mayor
BessieJo Wainer, City C; - rk
McCall City Council Regular Meeting
October 8, 2009
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