HomeMy Public PortalAbout04.08.10 Regular Minutes ApprovedMINUTES
McCall City Council
Regular Meeting
Legion Hall (McCall City Hall - Lower Level)
April 8, 2010
Agenda
Call to Order and Roll Call
Reports
Pledge of Allegiance
Approve the Agenda
Public Hearing
Public Comment
Business Agenda
Consent Agenda
Executive Session
Adjournment
CALL TO ORDER AND ROLL CALL
Mayor Bailey called the regular meeting of the McCall City Council to order at 5:31 p.m.
Mayor Bailey, Council Member Delaney, Council Member Kulesza, and Council Member
Witte answered roll call. A quorum was present. Council Member Scott was absent.
City staff present was Lindley Kirkpatrick, City Manager; Bill Nichols, City Attorney; Dennis
Coyle, Parks and Recreation Director; John Anderson, Airport Manager; Eric McCormick, Golf
Course Superintendent; Carol Coyle, Grant Coordinator; Anne Kantola, Library Director; David
Simmonds, Information Systems Manager; Linda Stokes, City Treasurer; Brad Kraushaar, City
Planner; and BessieJo Wagner, City Clerk.
REPORTS
Council Member Witte complemented Eric McCormick, Golf Course Superintendent, on his
efforts at the Golf Course to minimize effects on the environment while maintaining the Golf
Course.
Council Member Witte expressed concern for the lack of dog leash control, in the Rio Vista area
particular, and asked if Code Enforcement would be looking more closely at the issue now that
there are two Code Enforcement Officers.
The Council received copies of the following committee minutes:
McCall City Council Regular Meeting
April8, 2010
Page 1 of 7
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PUBLIC HEARING
AB 10-92 Adoption of Resolution 10-13: Establishing Fee for Staff Engineer Development
Review Service
Mayor Bailey opened the public hearing for Establishing Fee for Staff Engineer
Development Review Service at 6:03 p.m.
Hearing none, Mayor Bailey closed the public hearing for Establishing Fee for Staff
Engineer Development Review Service.
Council Member Witte asked if the fees were substantial enough to cover costs, Mr. Kirkpatrick
responded that staff had analyzed the costs associated with the Staff Engineer Development
Review service.
Mr. Nichols stated that generally a City should review the fees charged for all services on an
annual basis to ensure that they are adequate.
Council Member Kulesza moved to approve Resolution 10-13 and authorize the Mayor to
sign all necessary documents. Council Member Delaney seconded the motion. In a roll call
vote Council Member Kulesza, Council Member Delaney, Mayor Bailey, and Council
Member Witte all voted aye and the motion passed.
AB 10-97 CA-09-01: Code Amendment — Lake Frontage Minimum for Residential Zones —
Possible Ordinance Adoption
Bradley Kraushaar, City Planner, presented an overview of the code amendment stating that after
a code amendment work session, the Planning and Zoning Commission directed staff to submit a
code amendment application to create a 60 foot lake frontage minimum requirement for all
residentially zoned properties. At the time of the code amendment recommendation, there was
not a minimum lake frontage development standard. Prior to the 2006 code, there was provision
to regulate the width and depth of a lot. Since 2006, there had been a void in the code and this
code amendment would resolve the issue. The proposed amendment is intended to foster more
orderly and logical property layouts and development around Payette Lake.
Mr. Kraushaar stated that the code amendment was presented to the Valley County Board of
Commissioners on March 15, 2010. The Commissioners directed staff to bring the amendment
back in July with additional information after additional public notice including a mailed
notification to all the property owners.
Mr. Kraushaar stated that City Staff recommends further analysis of the current code, the
proposed amendment, and other alternatives to address the identified issues in the current code,
therefore tabling the item until June, 2010.
Council Member Kulesza inquired as to whether the staff intends to send out a mailing to all
property owners around the lake. Mr. Kraushaar reiterated that staff will be reevaluating this
McCall City Council Regular Meeting Page 3 of 7
April8, 2010
code amendment prior to committing to a mailing of that magnitude. He also stated that if the
City decides to go with the amendment then the City would be obligated to do the mailing as
directed by the Valley County Board of Commissioners.
Mr. Kirkpatrick stated that the recommended action for this code amendment at the June 10,
Council meeting had not yet been determined. He stated that the Community Development
Department would be doing additional analysis to determine whether this code amendment is
best for the City or if there may be a better way to approach the issue.
Mayor Bailey stated that there had been some misunderstanding as to the intent of the code
amendment. He stated that by contacting the property owners with the suggested amendment and
how it would affect their property along with the date of the future hearing would be needed. He
suggested that a notice be sent prior to the June meeting to have time to respond.
Council Member Delaney asked when it is required to notify the property owners, and why
would the City choose to alter the process for this issue and not others, and how expensive would
it be. Mr. Nichols stated that the code amendment would be a legislative change, not a quasi-
judicial change; therefore all that was required was to notice the public hearing. He stated that
the notice for the public hearing would be the minimum standard; however there is prudence in
more notice rather than just the minimum. Mr. Nichols reiterated that the City was not required
to do more than just the notice.
Council Member Delaney stated that she did not agree that a notice to all property owners should
be mailed out. She also stated that it was her concern that the City would be treating those
property owners differently than others just because they live on the lake.
Council Member Kulesza stated the majority of those that would be affected are not in the City
until summer. Council Member Delaney countered that with that reasoning would the Council
wait to make decisions on all issues until the summer months? Council Member Kulesza stated
that Council Member Delaney made a valid point and that the Council would not wait on other
decisions. He stated that the significance of the issue had to be considered.
Mayor Bailey stated that the County was concerned with making the properties non -conforming
and what that means. Mayor Bailey stated that a letter clarifying the concerns needs to be sent
out.
Council continued discussion as to whether it would be prudent to create a precedent on how
property owners are treated.
Mayor Bailey continued the public hearing for CA-09-01: Code Amendment — Lake
Frontage Minimum for Residential Zones at 6:30 p.m.
Hearing no further comments, Mayor Bailey closed the public hearing for CA-09-01: Code
Amendment — Lake Frontage Minimum for Residential Zones at 6:31 p.m.
Mayor Bailey moved to table consideration of the ordinance until June 10, 2010. Council
Member Kulesza seconded the motion. In a voice vote Mayor Bailey, Council Member
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April8, 2010
Kulesza, and Council Member Witte all voted aye, Council Member Delaney voted no and
the motion passed.
PUBLIC COMMENT
Mayor Bailey called for public comment at 6:32 p.m.
Hearing no comments, Mayor Bailey closed the public comment.
BUSINESS AGENDA
AB 10-93 Historic Preservation Commission Annual Report
Brian Corcoran, Chairperson, presented the Historic Preservation Commission's annual report to
Council.
AB 10-100 Amended Ground Lease with Neighborhood Housing Services for the
Remaining McCall Avenue Homes
Council worked through the lease with Mr. Nichols. Council made some minor suggested
changes to the lease. Council directed Mr. Nichols to incorporate the changes and seek input
from Nick Partin at USDA, Rural Development on the recommended changes. The lease will
come back before Council at a later date.
AB 10-96 Annual Audit Report for FY09
The annual Audit Report for the fiscal year ended September 30, 2009 was presented to Council
by Bobby Lawrence from EideBailly. Mr. Lawrence discussed the audit documents with the
Council and answered questions during the process.
AB 10-99 Assumption of lease for Greystone Village #3, Lot 9, Block 3, from Neighborhood
Housing Services to Thomas K. Burke
Council Member Delaney moved to authorize the transfer of the land lease for Lot 9,
Greystone Village #3, from Neighborhood Housing Services, Inc. to Thomas K. Burke, 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, Mayor Bailey,
and Council Member Kulesza all vote aye and the motion passed.
AB 10-91 Circulation Plan within the Urban Renewal District
Lindley Kirkpatrick introduced the Circulation plan within the Urban Renewal District stating
that there were memos and recommendations from both the Urban Renewal Board and the
Transportation Advisory Committee. He also stated that there may have been some
miscommunication between staff and the Urban Renewal Board as to what the recommendation
to Council would be.
McCall City Council Regular Meeting Page 5 of 7
April 8, 2010
Council Member Kulesza questioned as to whether there was any value to having a combined
meeting with the Urban Renewal Board, the Transportation Advisory Committee and staff to
come to a consensus relating to the Circulation Plan prior to Council taking action. He felt that
the three entities should have an opportunity to discuss their various ideas on this issue.
Mr. Kirkpatrick stated that there was no urgency that the decision had to be made at the April 8,
2010 Council meeting and that there could be value in having the Urban Renewal Board, the
Transportation Advisory Committee and staff meet.
Council Member Delaney stated that she would request that, as Council, they give staff and
Urban Renewal Board a chance to meet and communicate an understanding of each position.
Council Member Kulesza wanted to ensure that neither the Urban Renewal Board nor the
Transportation Advisory Committee would think that the Council was sending the issue back.
The reason for the meeting needs to be clear that it would be so that the Urban Renewal Board,
the Transportation Advisory Committee and staff would all have the opportunity to communicate
so that each entity's position was clear.
CONSENT AGENDA
Staff recommended approval of the following items:
• Minutes March 25, 2010
• Warrant Registers printed on 4/2/2010
• Payroll Report for Period ending 3/19/10
• AB 10-90 Alcohol Beverage License Report as of 3/30/10
• AB 10-95 REEZ contract with Idaho Office of Energy Resources
Some discussion took place to clarify the warrant register and correct the minutes.
Council Member Kulesza moved to approve the Consent Agenda with the minutes
corrected. Council Member Witte seconded the motion. In a roll call vote Council Member
Kulesza, Council Member Witte, Mayor Bailey, and Council Member Delaney all vote aye
and the motion passed.
EXCUTIVE SESSION
At 8:15 p.m. Council Member Delaney moved 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; and
• Land Acquisition pursuant to Idaho Code §67-2345(1) (c) to acquire an
interest in real property which is not owned by a public agency.
McCall City Council Regular Meeting
April8, 2010
Page 6 of 7
Council Member Kulesza seconded the motion. In a roll call vote Council Member
Delaney, Council Member Kulesza, Mayor Bailey, and Council Member Witte all voted aye
and the motion passed.
Council discussed litigation issues and possible strategies and solutions; and the possibility of
land acquisition for the City.
Without further business, the Mayor adjourned the meeting at 8:45 p.m.
onald C. Bail
ey,
ayor
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April 8, 2010