HomeMy Public PortalAbout10.22.08 Regular Minutes ApprovedMINUTES
McCall City Council
Regular Meeting
Legion Hall (McCall City Hall - Lower Level)
October 22, 2009
Agenda
Call to Order and Roll Call
Agenda Approval
Work Session
Pledge of Allegiance
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, 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; Michelle
Groenevelt, Community Development Director; Carol Coyle, Grant Coordinator; Tim Swanson,
Interim Public Works Director; Linda Stokes, City Treasurer; Cindy Blackman, Human
Resource Manager; John Anderson, Airport Manager; and BessieJo Wagner, City Clerk.
AGENDA APPROVAL
Mayor Kulesza made adjustments to the agenda, AB 09-226 Proposed land swap with Reserve
on Payette was removed completely from the agenda; AB 09-219 DEW Aircraft to Carter
Hangar Lease Assignment, AB 09-224 Edward Byrne Memorial Justice Assistance Grant
(JAG) application and AB 09-222 MCPAWS Contract was moved from the Consent Agenda
to the Business Agenda.
Council Member Witte and Council Member Scott joined the meeting at 5:35
COUNCIL WORKSESSION
AB 09-215 Fourth of July Celebrations and Events
Chief Summers gave a presentation of the criminal activities that went on during the 4th of July
and the outlaw motorcycle gang that came through and stopped in McCall during the summer of
McCall City Council Regular Meeting
October 22, 2009
Page 1 of 8
2009. The purpose was to bring awareness to the community the challenges that our police force
experiences during the high tourist season in the summer and receive direction from the Council
on how to manage the worst of situations.
Dennis Coyle, representing Ponderosa State Park shared with the Council what the State Park
was working on to assist with the issue at North Beach of the Payette Lake. The State Parks
board was working on ways to limit the amount of people and control alcohol.
Council Member Witte suggested that the City write a letter to the State Park as to their concern
and the City wants there to be a solution to the problem. Council Member Scott would like to
hear what the merchants had to say about what they experienced during the 4th of July. Mayor
Kulesza stated that a coordination of meetings with the businesses and the Chamber of
Commerce as to expectations of law enforcement during peak tourism times in McCall.
There had been some community feedback with concern that Law Enforcement may be chasing
away tourist with too much law enforcement presence. Mayor Kulesza stated that maybe more
law enforcement presence is what needs to happen since over the past several years there has
been out of control behavior.
Mayor Kulesza led the audience in the Pledge of Allegiance at 6:18 p.m.
PUBLIC COMMENT
Mayor Kulesza called for public comment at 6:19p.m.
Mike Robinson, Attorney for Ronda Sandmeyer, voiced a concern with the Planning and Zoning
Commission appointment. He stated that it would be a fair process for the Mayor to consider
both Ms. Sandmeyer and the current applicant to be submitted to the Council for appointment to
the Planning and Zoning Commission. He stated that if the Mayor was unwilling, then he asked
that the Mayor not take action tonight. Mr. Robinson gave a brief description of Ms.
Sandmeyer's volunteer experience.
Hearing no further comments, Mayor Kulesza closed public comment.
CONSENT AGENDA
Staff recommended approval of the following items:
• Minutes May 28, 2009
• Minutes June 11, 2009
• Special Minutes June 5, 12; July 10; and August 6, 2009
• Warrant Registers printed on 9/18/09
• Payroll Report for Period ending 9/04/09
• AB 09-217 Alcohol Catering Permits
• AB 09-218 Letter of support for the nomination of the Asst. Fire Warden's House to
the National Register of Historic Places
McCall City Council Regular Meeting
October 22, 2009
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Some discussion took place to clarify the warrant register and correct the minutes.
Council Member Delaney moved to approve the Consent Agenda as amended at the
beginning of the meeting and corrections made to the minutes. Council Member Scott
seconded the 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.
BUSINESS AGENDA
AB 09-220 Urban Renewal Annual Report
Rick Fereday, Chairman of the Urban Renewal Agency, presented the Agency's annual report.
He reported that the Urban Renewal Agency hired an engineering firm, Keller and Associates.
He stated that the Agency hopes to get a Block Grant; if they are not able to get the grant the
budget would be very tight. There was some clarification that there was not enough time to apply
for the grant as it was due November 20, 2009.
AB 09-229 Planning and Zoning Commission Appointment
Mayor Kulesza stated that with all due respect to Mr. Robinson and his letter to Council, he was
not compelled to change his course of action and would proceed with the recommendation to
appoint Linda Corder to the Planning and Zoning Commission.
Council Member Bailey moved to appoint Linda Corder as a McCall Area Planning and
Zoning Commissioner for a term of three (3) years, expiring October 2012. Council
Member Witte seconded the motion.
Discussion
Council Member Scott stated that a no vote from her at this time was not particularly against Ms.
Corder. She felt that the other applicant should have been considered as well.
In a voice vote Council Member Delaney, Council Member Bailey, Mayor Kulesza and
Council Member Witte all voted aye, Council Member Scott voted no and the motion
passed.
AB 09-221 Renewable Energy Enterprise Zone (REEZ) grant update
Michelle Groenevelt, Community Development Director, gave a brief update to the Council on
the Renewable Energy Enterprise Zone grant for solar power. The City place an ad in the Star
News seeking interest from non-profit organizations and the business community. The City
received a significant amount of support and interest in the project; there are currently 10
businesses, two which are nonprofits, and two City buildings that are being considered for the
project. She stated that Mike Medberry from Idaho Solar Power has volunteered to assist the
City with some of the technical pieces of the project. The next step would be to communicate
with those businesses that have shown an interest and request a potential match of funds and a
letter of interest. City staff has met with Idaho Power in regard to the metering programs and
they have expressed their support.
McCall City Council Regular Meeting Page 3 of 8
October 22, 2009
AB 09-226 Proposed land swap with Reserve on Payette
Pulled from the agenda
AB 09-223 DR-08-26:Dr. Charles —A Requested Amendment to the Design Review
Agreement to defer the timeline completion
Michelle Groenevelt stated that DR-08-26 was approved on June 3, 2009 by the McCall Area
Planning and Zoning for a significant remodel and addition for a dental office building. The
project was approved with conditions, and the applicant entered into an agreement to ensure the
improvements were completed accordingly.
Dr. Brian Charles had requested an amendment to the original Agreement for the design review
application to defer the completion of required improvements until October 1, 2010. The
applicant requested the deferred timeline to allow additional time to secure financing and
possible coordination with the Urban Renewal's planning and projects. Dr. Charles needed time
to get enough funds to complete the project.
Mr. Nichols clarified that the agreement did not specify that occupancy was contingent on
completion of the agreement. Council asked that staff ensure that the letter of credit would not
expire within that time frame. Council also changed the extension date to September 1, 2010.
Council Member Delaney moved to approve the request to amend the Agreement for 509
Pine Street (DR-08-26) to allow additional time for improvements to be completed by
September 1, 2010 add in the remedies clause that the City has the ability to revoke the
Certificate of Occupancy if the work is not completed. Council Member Witte seconded the
motion. In a voice vote all members voted aye and the motion carried.
AB 09-227 Airport Ordinance incorporating Noise Mitigation Program
Ordinance No. 869 Adoption
John Anderson, Airport Manager, gave an overview of what would be done in the event the
ordinance was adopted. The Airport Noise Program which was previously reviewed by City
Council with instructions to bring it to City Council in Ordinance Form was presented as a
DRAFT Ordinance incorporating the program into Title 8.16 of City Code. Title 8.16.2 includes
a maximum running time for aircraft auxiliary power units (APU) of 30 minutes.
There was significant discussion as to how the rules could be enforced. It was discussed that
much of how a pilot is educated on the matter is voluntary. Council would like for staff to come
up with some ideas on how to measure compliance
Council suggested the following changes:
• Page four 8.16.4(A) change — "Whenever practical" to read — except when wind dictates
otherwise... established protocol
• 8.16.4(C) — "Avoid high RPM and high power settings at low altitude whenever
practicable." — should read — Do not operate at high RPM and high power settings at low
altitude unless required for safe operation.
• 8.16.4(G) Clarification as to why the McCall Airport does not require radios on all
aircraft, Mr. Anderson explained that it was an FAA issue and McCall is not controlled
airspace and is not likely to be
• 8.16.4(I) — "Runway 16 is preferred" Should read — When permitting use runway 16
McCall City Council Regular Meeting Page 4 of 8
October 22, 2009
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lease, then the matter did not need to go before the Airport Advisory Committee, only to
Council. There was concern expressed from the Committee that this lease assignment had not
been presented to them prior to coming to Council.
Bill Nichols, City Attorney, referred to the Minimum Standards, stating that under part two of
the document, it states that "requests for leases of ground and/or facilities or for licenses or
permits to carry on any commercial business or aeronautical activity..." they would go to the
Airport Manager. He continued that it went on to say "the Airport Manager shall thereafter
present the application." He stated then on page four of the Minimum Standards, still under part
two, under the heading Lease or Contract states that "Upon the approval of any such applications
as submitted or modified, the City Council, after considering the recommendations of the Airport
Manager and the Airport Advisory Committee, shall cause to be prepared a suitable lease setting
forth the terms and conditions of the land and/or the facility use." He stated that what was
intended was that when items are presented to the AAC, it is when there is a need for a new lease
or agreement.
There was clarification that the assignment was for the hangar lease itself and that there was not
going to be a use change. Mr. Nichols stated that since there was not a use change, it would not
be considered a new lease. Council Member Bailey maintained that with new lease holders it
should require a new lease; the assignment of lease does not make any reference to a sublease so
there would not be a way to know if the use would change or not.
Council had much discussion on the Minimum Standards for Commercial Operations and Private
Users of the McCall Municipal Airport and how it applies to the assignment of lease from DEW
to Carter.
Scott Findlay stated that if there were new operators coming in then he would understand the
position of needing a new lease; however neither the operations nor the tenants would be
changing. He stated that it was not an unusual situation, the tenants were staying, and the
operations would remain the same.
Rick Fereday, Airport Advisory Committee (AAC), stated that his opinion was that the Council
should approve the lease assignment, and then look at the process and change it for future
assignments. Mr. Fereday stated that there was a need for more information from the Airport
Manager to the Airport Advisory Committee.
Council Member Delaney stated that her struggle was that it was more like an interpretation of
what an assignment is or what is considered new.
Mr. Nichols suggested some language for the lease assignment that may clarify the transaction,
"Provided however any change of subtenants or operators shall require the Carter Family Trust
to apply to the Airport Manager for permission to carry on a commercial business or aeronautical
activity to be processed in accordance with the Minimum Standards adopted by the City
Council." He stated that this language would give the protection that if there would be any
change to the operations, a new lease would be required. Council Member Witte, Council
Member Delaney and Mayor Kulesza, all expressed in the affirmative that the language as
suggested by Mr. Nichols be added.
McCall City Council Regular Meeting Page 6 of 8
October 22, 2009
Council Member Witte suggested that the Council look at the leases in the future.
Mike Dorris, a hangar owner, stated that he would like a new lease. He stated that in the existing
lease, the Minimum Standards is a part of that lease. Anyone who has a hangar lease is required
to meet the Minimum Standards.
Council Member Bailey was concerned that the new owner of the lease had not provided any
information to the City. What would prevent someone else from operating in the hangar? There
was nothing in the agreement that stated who would be subletting or who would be running the
operations.
Mr. Nichols changed his previous suggested language to add to the assignment as follows
"Provided however any change of subtenants from Linda and/or Doug Walberg Dew Aircraft,
Inc. or Lori MacNichol, shall require the Carter Family Trust to apply to the Airport Manager for
permission to carry on a commercial business or aeronautical activity to be processed in accord
with the Minimum Standards adopted by the City Council."
Council Member Delaney moved to approve the lease assignment and authorize the Mayor
to sign all necessary documents, and the document be recorded by the purchasers at the
Valley County Recorder, with the added language by Bill Nichols. There was no second, so
the motion died.
Council Member Delaney stated that the Council was not properly educated on the process; she
felt that the process needed to be clarified outside this lease assignment.
Mr. Kirkpatrick stated there had been a number of lease assignment s done without AAC review
and there was a new Fixed Base Operator (FBO) lease that did go to the AAC.
Mr. Nichols changed his suggestion again to state "Provided however any change of subtenants
from Linda and/or Doug Walberg Dew Aircraft, Inc. or Lori MacNichol, shall require the Carter
Family Trust to apply to the Airport Manager for permission to sublease or to carry on a
commercial business or aeronautical activity to be processed in accord with the Minimum
Standards adopted by the City Council."
There was clarification to what the current lease rates are and the new lease rates.
Council Member Delaney moved to approve the lease assignment and authorize the Mayor
to sign all necessary documents, and the document be recorded by the purchasers at the
Valley County Recorder with the added language by Bill Nichols. Council Member Witte
seconded the motion. In a roll call vote, Council Member Witte, Council Member Delaney,
and Mayor Kulesza, all voted aye and Council Member Bailey voted no, and the motion
passed.
Council Member Delaney stated that there was clearly some issues that need addressed, and a
time frame for a work session.
Council Member Scott returned to the Council at 8:39 p.m.
McCall City Council Regular Meeting Page 7 of 8
October 22, 2009
AB 09-222 McPaws Contract
Barb Hutchins, Executive Director of MCPAWS, stated that need for the change to the contract
with MCPAWS was so that the contract more clearly reflects the general animal impoundment
services currently being provided by MCPAWS. The FY10 budget includes $44,000 from the
General Fund for Animal Control. This contract reflects that amount.
The proposed contract ends on September 30, 2010. A new contract will be developed as part of
the FY11 budget process.
Council Member Delaney moved to approve the Contract with MCPAWS for FY10 and
authorize the Mayor to sign all necessary documents. Council Member Scott seconded the
motion. In a voice vote all members voted aye and the motion carried.
AB 09-225 Community Land Trust Ground Lease Rider
Nick Partin, Rural Development USDA, gave an explanation as to what the USDA want in a
lease. A Ground Lease Rider specific to closing for Brad Kraushaar, 1543 McCall Avenue, with
Rural Development was developed by Mr. Partin. The Council reviewed the document with Mr.
Partin making a few non -substantive changes.
Council Member Delaney moved to approve the Ground Lease Rider and
authorized the Mayor to sign all necessary documents with amendments.
Council Member Scott seconded the 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.
COMMITTEE MINUTES
The Council received copies of the following minutes:
• McCall Improvement Committee — September 10, 2009
ADJOURNMENT
Without further business,
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ing at 9:59p.m.
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McCall City Council Regular Meeting
October 22, 2009
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