HomeMy Public PortalAbout07.22.10 Regular Minutes ApprovedMINUTES
McCall City Council
Regular Meeting
Legion Hall (McCall City Hall - Lower Level)
July 22, 2010
Agenda
Call to Order and Roll Call
Work Session
Approve the Agenda
Pledge of Allegiance
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 5:48 p.m.
Mayor Bailey, Council Member Kulesza, and Council Member Scott answered roll call. A
quorum was present. Council Member Witte and Council Member Delaney were absent.
City staff present were Lindley Kirkpatrick, City Manager; Bill Nichols, City Attorney; Linda
Stokes, City Treasurer; Michelle Groenevelt, Community Development Director; Jerry
Summers, Chief of Police; Eric McCormick, Golf Course Superintendent; Dennis Coyle, Parks
and Recreation Director; Peter Borner, Public Works Director; Bradley Kraushaar, City Planner;
and BessieJo Wagner, City Clerk.
WORK SESSION
AB 10-168 Golf Fund Finance Discussion
General discussion on the merits of making an operational fund transfer to the municipal golf
course occurred. There was some concern expressed by the Council as to how much is enough
and will there be a need for it to be more in the future. Mayor Bailey stated that the Golf Course
may never be able to generate enough revenue to completely sustain itself so it was time to make
a decision on whether the City is going to support it long term.
There was some discussion as to whether the municipal golf course needs to be in as good of
shape as it is currently. It was discussed that the golf course is in direct competition with the
private courses.
McCall City Council Regular Meeting
July 22, 2010
Page 1 of 7
Mayor Bailey led the audience in the pledge of allegiance 6:08 p.m.
Mayor Bailey amended the agenda to remove AB 10-169 Contract Award for Krahn Lane
Sewer Extension at the request of Public Works Director, Peter Borner and approved the
remainder of the agenda as submitted.
PUBLIC COMMENT
Mayor Bailey called for public comment at 6:09 p.m.
Hearing no comments, Mayor Bailey closed the public comment.
BUSINESS AGENDA
AB 10-161 Planning and Zoning Commissions Annual Report
Phil Feinberg, Chairman presented the Council with the Planning and Zoning Commissions
Annual Report. (Exhibit A)
AB 10-160 McCall Urban Renewal Appointment
Council Member Kulesza moved to re -appoint Bob Youde to the McCall Urban Renewal
Agency Board of Commissioners, to a term expiring June 2013. Council Member Scott
seconded the motion. In a roll call vote roll Council Member Kulesza, Council Member
Scott, Mayor Bailey and all voted aye and the motion carried.
AB 10-166 Parasail Concession Request
Dennis Coyle, Parks and Recreation Director, stated that the presented Concession request was
recommended for approval by the Parks and Recreation Advisory Committee. Mr. Coyle introduced Mac
Mackaben to Council. Mr. Mackaben answered questions clarifying the use of the dock and the nature of
the business. Steve Epperson, boat Captain for the parasail answered questions about safety issues. He
stated that he had 20 years of experience with parasailing.
Council Member Kulesza moved to approve the concession request contingent on the conditions
imposed by the Parks and Recreation Advisory Committee. Council Member Scott seconded the
motion. In a roll call vote Council Member Kulesza, Council Member Scott and Mayor
Bailey all voted aye and the motion passed.
AB 10-164 Transportation Advisory Committee Recommendation: Excess ROW
Development
Bradley Kraushaar, City Planner, presented the Transportation Advisory Committee's (TAC)
Recommendation for excess Right-of-way development. The recommended action to council
was the short-term steps to have staff prepare a concept plan for the Railroad Ave. right-of-way
portion (similar to what exists for Spruce Street). The expertise to prepare the plan exists within
the Parks and Recreation department, and Dennis Coyle, Parks and Recreation Director, has
McCall City Council Regular Meeting Page 2 of 7
July 22, 2010
confirmed that the staff time to prepare this concept plan exists within the suggested 6-12 month
timeline. However, the money required to construct the to -be -designed pathways has not been
included in any budgeting process, either for FY11 or beyond. It is anticipated that, pending
Council interest in the proposed pathways, the creation of the concept plan in the coming year
would lead to future discussions about the feasibility of construction. At the June 22, 2010
meeting, the McCall Urban Renewal Agency heard a request to endorse the TAC's
recommendation letter. In response to the presentation and request, the Agency moved to
support the development of excess rights -of -way for use as pathways or parks.
Council Member Kulesza moved to direct staff to prepare a preliminary and/or conceptual
plan for the excess Railroad Ave right-of-way within the next 6-12 months. Council
Member Scott seconded the motion. In a roll call vote Council Member Kulesza, Council
Member Scott and Mayor Bailey all voted aye and the motion passed.
Staff will prepare a conceptual plan for the development of a path across the Railroad Avenue
ROW above The Sushi Bar.
AB 10-165 CA-09-01: Code Amendment — Lake Frontage Minimum for Residential Zones
and Alternatives
Michelle Groenevelt, Community Development Director, gave a brief overview of the options
available to the Council. Mayor Bailey stated that with option 3 there would be many lots that
would be nonconforming. Mayor Bailey stated that in order to do "nothing" the motion to table
the code amendment needs action. Ms. Groenevelt fielded questions from the Council clarifying
the amount of public comments received and action taken over the past months on the issue. Ms
Groenevelt stated that she had communicated with the County Commissioners that action was on
hold until further direction was received by the McCall City Council.
After further analysis of the proposed code amendment Ms. Groenevelt stated that there were
few lots that were eligible to be split under the current code.
Phil Feinberg, Planning and Zoning Commissioner, stated that there was a letter addressing the
original proposed code amendment from Planning and Zoning Commissioner Jim Betts. (Exhibit
B)
Council had a discussion as to the different options presented. It was also discussed as to what
the intention of the code change was.
The question of how many lots would actually be impacted by the proposed code amendment
was discussed.
Council Member Kulesza stated that he felt that Option 2 was the best option. He stated that that
he did not want to allow additional docks on the lake. There was continued discussion as to what
concerns that the Valley County Commissioners had with nonconforming lots. It was stated that
it was possible that the Valley County Commissioners did not have a clear understanding of the
City's zoning code and what a nonconforming lot means.
McCall City Council Regular Meeting Page 3 of 7
July 22, 2010
Mayor Bailey suggested that the City educate the Valley County Commissioners with the
McCall Zoning code and explain what it means to be non conforming and compile the number of
lots around the lake that would be affected.
Council Member Kulesza did not think that it was a priority at this time for staff to work on
compiling the requested information.
Council Member Scott wanted to know if there was a way to go forward with the code change
without making lots nonconforming. Mr. Nichols stated that since the City has the burden of
setting the minimum lot size on the lake, the City also needs to regulate easements that would be
used to access the lake. He summarized saying that he did not know of another way of doing it
other than setting a minimum frontage on the lake.
Council Member Scott would like to know what other lake community's requirements are with
their zoning code around the lake. Ms. Groenevelt stated that she would look into other
communities; however she stated that generally other lake communities are more stringent than
the City of McCall as far as their lake frontage is concerned.
Council Member Witte joined the meeting at 7:50 pm
Mayor Bailey wanted to know the estimate of how long it would take to look at all lake front
properties, primarily in the impact areas, and what are their dimensions and how many would be
affected by the proposed code amendment. Ms. Groenevelt stated that it would take a couple of
weeks if they did no other business. Mayor Bailey wanted a precise number so that when it goes
to the Valley County Commissioners there would be no question.
Mr. Kirkpatrick suggested that the entire analysis could be done within a year.
Council Member Kulesza restated that should not be a main priority.
After much discussion is was decided that Staff will develop a detailed public involvement plan
and identify the work necessary to fully analyze the impact of the proposed amendment on each
lot around the lake and present it to Council on October 14, 2010.
Mayor Bailey moved to continue tabling CA-09-01: Code Amendment — Lake Frontage
Minimum for Residential Zones until October 14, 2010. Council Member Kulesza seconded
the motion. In a voice vote all members voted aye and the motion carried.
AB 10-162 Business Park Study Area Update- Results from meeting with property owners
Michelle Groenevelt, Community Development Director, gave a brief overview of the
information included in the packet. Mayor Bailey expressed disappointment with the lack of
participation on the part of the property owners as only 5 of the 19 property owners took part in
the meeting. No action was requested or taken by Council. Staff will begin the process of
amending the Future Land Use Map in the McCall Area Comprehensive Plan to include the
recommendations of the business park development report. Staff will also develop and propose a
new chapter in the zoning code establishing development standards for business parks. That code
McCall City Council Regular Meeting Page 4 of 7
July 22, 2010
amendment will be presented to the Planning and Zoning Commission in September and the City
Council in October.
AB 10-169 Contract Award for Krahn Lane Sewer Extension
This item was removed from the agenda.
AB 10-167 Fund Balance
Linda Stokes, City Treasurer, stated that the calculations for the `surplus fund balances' for the
governmental funds and `surplus cash balances' for the enterprise funds have been completed for
FY09. Internal balances have also been calculated.
Mrs. Stokes stated that forgiving the internal balances will more accurately and transparently
reflect the true fund balance of the General Fund. Forgiving the Sewer Fund long-term internal
balance (related to Wausau) and the short-term internal balance from the Golf Fund will not
affect the cash position of the City. It will, however, improve the cash position of the Golf Fund.
Council Member Scott left meeting at 8:22 p.m. and rejoined the meeting at 8:27 p.m.
The Council reviewed the FY09 end -of -year fund balance calculations. Discussion on the
balances and whether it is acceptable to maintain a municipal golf course occurred. Council
Member Kulesza would like some kind of cap from the amount of the general fund would go to
the golf course over time.
Council Member Scott left meeting 8:37 p.m. and rejoined the meeting at 8:48 p.m.
After much discussion, the Council unanimously agreed to forgive the short-term internal
balance of $699,107 owed by Golf Fund to the General Fund, and forgive the Wausau judgment
portion of the long-term internal balance ($1,037,670) owed by the Sewer Fund to the General
Fund. Both of these changes will ensure that the financial statements more accurately reflect the
financial condition of the City. No "surplus fund balances" from FY09 are available to spend in
FY10.
Council Member Kulesza moved to forgive the short-term internal balance owed by Golf
Fund to the General Fund, in the amount of $699,107 and the Wausau Judgment portion of
the long-term internal balance owed by the Sewer Fund to the General Fund in the amount
of $1,037,670. Council Member Witte seconded the motion. In a roll call vote Council
Member Kulesza, Council Member Witte, Mayor Bailey, and Council Member Scott all
voted aye and the motion passed.
AB 10-170 Proposed Title 3 Code Amendments
Mayor Bailey stated the one of the reasons for his recommendations for the proposed code
amendments were precipitated by an interest by someone wanting to build an accessory dwelling
building and wanted the setbacks be ignored and treated as they were one building. The other
reason was to clarify the non -conforming chapter of the City Code.
McCall City Council Regular Meeting Page 5 of 7
July 22, 2010
The Council reviewed information prepared by Mayor Bailey regarding proposed changes to the
zoning code, dealing with accessory structures and non -conformities. After a brief discussion,
the Council directed staff to begin the process of amending MCC 3.8.11, regarding accessory
structures. The Council also directed staff to schedule a joint work session with the Planning and
Zoning Commission within the next 90 days to discuss possible changes to the chapter dealing
with non -conformities.
Mayor Bailey moved to initiate the proposed code amendments. Council Member Scott
seconded the motion. In a roll call vote Mayor Bailey, Council Member Scott, Council
Member Kulesza, and Council Member Witte all voted aye and the motion carried.
Mayor Bailey moved to direct staff to schedule a work session with the Planning and
Zoning Commission to discuss code changes. Council Member Kulesza seconded the
motion. In a voice vote all members voted aye and the motion carried.
CONSENT AGENDA
Staff recommended approval of the following items:
• Minutes July 8, 2010
• Warrant Registers printed on 7/16/2010
• Payroll Report for Period ending 7/9/2010
• Catering Activity Report Period ending 7/12/2010
• AB 10-163 the Rivers, Trails, and Conservation Assistance Program
Council Member Kulesza moved to approve the Consent Agenda as submitted. Council
Member Scott seconded the motion. In a roll call vote Council Member Kulesza, Council
Member Scott, Mayor Bailey, and Council Member Witte all voted aye and the motion
passed.
EXECUTIVE SESSION
At 9:02 p.m. Council Member Kulesza 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. Council Member
Witte seconded the motion. In a roll call vote Council Member Kulesza, Council Member
Witte, Mayor Bailey, and Council Member Scott all voted aye and the motion passed.
Council discussed the Payette Lakes Water and Sewer litigation issue and possible solutions with
the City Attorney.
McCall City Council Regular Meeting
July 22, 2010
Page 6 of 7
RNNIVNT
Without further business, the Mayor adjourned the meeting at 10:30 p.m.
onald C. Bailey, Mayor
McCall City Council Regular Meeting Page 7 of 7
July 22, 2010
July 22, 2010 Minutes
EXHIBIT A
Annual
McCall City Planning and Zoning Commission Report
To
City Council
Thursday, July 22, 2010
1
July 22, 2010 Minutes
EXHIBIT A
McCall Planning and Zoning Commission Members
July 22, 2010
NAME
CITY or
IMPACT
EMAIL
START
OF TERM
END
OF TERM
Phil Feinberg
Chairman
I
phil.feinberg@mccallrealestate.com
July 09
July 12
Kim Apperson
I
kapperson@frontiernet.net
July 09
July 12
Jim Betts*
C
Jbetts1@frontiernet.net
Oct 09
Oct 12
Linda Corder*
C
IcorderAfrontiernet.net
Oct 09
Oct 12
Sarah Jessup
C
siessup@citlink.net
July 09
July 12
Doug Russell
C
douglou_Afrontiernet.net
April 10
April 13
Natalie Spencer*
I
Natalie.re.spencer@gmail.com
Sept. 09
Sept. 12
* First Term
Commission Legal Counsel: Meredith Chaudoir... mchaudoir@bwslawgroup.com
2
July 22, 2010 Minutes
EXHIBIT A
Commission Members: Brief Bio's
• Phil Feinberg...Chairman for past year...post Bob Youde retirement.
O 16 years in McCall... Mostly living in Pilgrim Cove. A Real Estate Associate Broker
with McCall Real Estate Co. Approximately 10 years on the Commission
O 23 years in Paso Robles Ca. after graduating from Cal. Poly in San Luis
Obispo Commercial cattleman and Cutting Horses.
• Kim Apperson
O Fisheries Biologist with the Idaho Dept. of Fish and Game
O Backcountry ski guiding and but rental business with husband Joe Baugh
O Second term on Commission....member since 2006.
• Jim Betts
O A graduate of three universities with a degree in Accounting and a Masters in
Philosophy and Business.
O Served in Vietnam. Later owned an International Harvester Dealership
O Resident of Spring Mountain Ranch with his wife.
• Linda Corder
O A graduate of BSU with a Nursing degree and also degrees in Philosophy and
Computer Science from the Univ. of Idaho.
O Retired from working in the fields Linda trained in she has been involved in many
community groups. Married to the living legend Earl Dodds, Linda is the newest
member of the Commission.
• Sarah Jessup
O Sarah was a Cardiologist in the Detroit area before retiring to full time to McCall in
1999. Sarah lives in a beautiful home designed by the late David Kalange, in Bear
Basin.
O An avid Kayaker and Cross Country skier, Sarah in her retirement has started a free
Community Care Clinic to help uninsured people in our area.
O Sarah is in here third term as a City of McCall representative on the Commission.
• Doug Russell
O Doug is a graduate of Washington University in Mechanical Engineering.
O After working for Amalgamated Sugar for 36 years, his wife and he have retired to
McCall in 2003.
O Member of the Commission since 2007, Doug is in his second term.
• Natalie Spencer
O A native of Idaho, Natalie has a Masters in Renewable Energy and Architecture from
the Univ. of London. Using these skills in South Asia and North Africa has given
Natalie much experience to help the Commission make tough decisions.
O An avid skier Natalie has been a member of the Commission since September of
2009.
3
July 22, 2010 Minutes
EXHIBIT A
Year End Summary for McCall Planning and Zoning Commission
July 2009 to July 2010
• Land Use Applications: 2010
o Total Applications: There were 49 total applications as of July 13, 2010. The last two
years had 80+ applications total. 2007 say a high of 145 applications.
■ Subdivision applications have been zero, compared to just two in 2090, and as
many as 18 several years back.
■ The commission has promoted and endorsed Administrative Approvals over
the past two years, for decisions that would expedite the time frame for
applicants and diminish the red tape for the commission.
■ There were 17 Design Review applications, compared to 73 in 2007.
■ Sign Applications numbered 7 this year as compared to 25 in 2009.
• Major Projects:
o Planned Unit Developments:
■ Springs Affordable Apartments
■ Lutheran Church Parking Lot
o Subdivisions:
■ Spring Mountain Ranch Phase 5
o Commercial Remodels:
■ Woody's
■ Market — East of the Bridge... on Hold
■ Hometown Pizza
■ Blue Moose Bistro
■ Hospital Remodel
o Code Amendments:
■ Street Banners: Administrative Approval
■ Micro - Livestock
■ Lakefront Minimum
4
July 22, 2010 Minutes
EXHIBIT A
• Proposed Agenda for the Winter 2010 / 2011
o Re -Visit the city sign ordinance. The Chamber has been asked to give their
input.
o Develop a Business Park Ordinance
o Work on Airport Zoning Codes
o Revise Parking Code standards...with information from � � the recent study.
5
July 22, 2010 Minutes
EXHIBIT B
Bradley,
It is the intention of this presentation to explain why the Planning and Zoning commission has
recommend a code change on minimum frontage requirements for all future lots splits within the
shoreline and river zones of Payette Lake.
This code change was not intended in any manner to stop current property owners from splitting their
property within the shoreline per say. It was only intended to establish a minimum for specific purposes.
If passed, this code amendment will have no effect on current lots. Any property owner who has a lot on
the shoreline will continue to be allowed to build on their property as long as the current building
requirements (building codes) are met.
The reason a minimum frontage was recommended was to keep current property owners from
establishing 25' flag lots (or easement) in order to increase their lot values because they now would be
considered, by the State of Idaho, for dock privileges. The reason this code amendment is important is
three fold. (1) 25' flag lots would cause additional docks to be built causing more congestion within a
small confined area. More docks within a small confined area would increase safety hazards for the
affected boat owners. (2) More docks on the lake within a confined area would increase the potential
for unsightly congestion for boaters on our lake. (3) More docks on our lake would increase the
potential for increased pollution of our lake.
These reasons for the code amendment are to protect current property owners while keeping our lake
free from potentials, such as unsightly congestion, and safety concerns for our citizenry.
James Betts
Commissioner