HomeMy Public PortalAbout10.07.10 Regular Minutes ApprovedMINUTES
McCall City Council
Regular Meeting
Legion Hall (McCall City Hall - Lower Level)
October 7, 2010
Agenda
Call to Order and Roll Call
Executive Session
Open Session
Reports
Pledge of Allegiance
Approve the Agenda
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 5:00 p.m.
Mayor Bailey, Council Member Delaney, and Council Member Scott answered roll call. A
quorum was present. Council Member Witte was absent.
City staff present was Lindley Kirkpatrick, City Manager; Terry White, City Attorney;
EXCUTIVE SESSION
At 5:00 p.m. Mayor Bailey moved to go into Executive Session for:
• Exempt Records - Pursuant to Idaho Code §67-2345(1)(d) To consider
records that are exempt from disclosure as provided in chapter 3, title 9,
Idaho Code; and
• 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 Delaney seconded the motion. In a roll call vote Mayor Bailey, Council
Member Delaney and Council Member Scott all voted aye and the motion passed.
Council discussed the Bertram litigation issue and possible strategies and solutions.
McCall City Council Regular Meeting Page 1 of 7
October 7, 2010
RETURN TO OPEN SESSION
At 5:25 p.m. Council Member Delaney moved to return to open session. Council Member
Scott seconded the motion. In a roll call vote Council Member Delaney, Council Member
Scott, and Mayor Bailey all voted aye and the motion passed.
Additional City Staff present were John Anderson, Airport Manager; Eric McCormick, Golf
Course Superintendent; Michelle Groenevelt, Community Development Director; Linda Stokes,
Treasurer; Carol Coyle, Grant Coordinator; Peter Borner, Public Works Director; and BessieJo
Wagner, City Clerk.
REPORTS
Mayor Bailey led the audience in the Pledge of Allegiance at 5:32 p.m.
Council Member Witte Joined the meeting at 5:34 p.m.
Department Reports
Lindley Kirkpatrick commented that for the first time in more than six years every full time
position for the City is currently filled.
There was a brief discussion about the driving range and a possible issue with threat of balls
striking someone or someone's house. Eric McCormick, Golf Course Superintendent, explained
that originally it was planned to plant some trees to create a barrier. There was some discussion
as to the differences of an actual net being used or a tree barrier and the benefits of either. There
was a concern of possible liability and Terry White, City Attorney, explained that generally a
golfer is responsible for where their golf ball goes; however if the City allowed a golf course to
be poorly designed and too short then the City could be liable.
Mayor Bailey commented that he would like to see a plan for the City to handle noxious weeds
and for the plan to include enforcement of private home owners to handle their own noxious
weed issues. Mayor Bailey would like this to be a topic for a future Council Meeting.
Council Member Delaney suggested a weekend cleanup to encourage community involvement
and create awareness of the noxious weed issue.
Carol Coyle presented the Council with the America in Bloom award for the City that included a
special recognition for community involvement. There were comments that the America in
Bloom project was part of the economic development for the City.
Committee Minutes
The Council received copies of the following committee minutes:
• McCall Urban Renewal Commission — July 30, 2010
McCall City Council Regular Meeting Page 2 of 7
October 7, 2010
" E n v i r o n m e n t a l A d v i s o r y C o m m i t t e e J u l y 2 0 , 2 0 1 0
" G o l f A d v i s o r y C o m m i t t e e A u g u s t 1 1 , 2 0 1 0
" G o l f A d v i s o r y C o m m i t t e e J u l y 1 4 , 2 0 1 0
" M c C a l l P u b l i c L i b r a r y B o a r d o f T r u s t e e s M a y 2 7 , 2 0 1 0
" M c C a l l P u b l i c L i b r a r y B o a r d o f T r u s t e e s J u l y 9 , 2 0 1 0
" M c C a l l P u b l i c L i b r a r y B o a r d o f T r u s t e e s A u g u s t 2 6 , 2 0 1 0
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P U B L I C C O M M E N T
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A l l e n M a c d o n a l d , 1 2 2 1 F o r e s t C o v e R o a d M r . M a c d o n a l d c o m m e n t e d o n t h e p r e s e n t e d l a k e
f r o n t a g e c o d e a m e n d m e n t . H e q u e s t i o n e d t h e r e a s o n i n g f o r t h e a m e n d m e n t , a l s o c o m m e n t e d o n
t h e i s s u e o f l o t s p l i t s a n d t h e d i f f i c u l t y i t c o u l d c r e a t e .
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t r e e s f o r s c r e e n i n g a t t h e g o l f c o u r s e s t a t i n g t h a t h e w a s c o n c e r n e d f o r t h e s a f e t y o f t h o s e w h o
l i v e c l o s e t o t h e G o l f C o u r s e . H e s t a t e d t h a t a t r e e b u f f e r w o u l d b e b e s t i n t h e l o n g r u n ; h o w e v e r
t h e y w o u l d t a k e 1 0 o r m o r e y e a r s t o m a t u r e . H e s t a t e d t h a t b y i n s t a l l i n g a n e t i t w o u l d s h o w t h a t
h o n e s t e f f o r t h a d b e e n m a d e t o p r o t e c t t h o s e c l o s e t o t h e c o u r s e .
H e a r i n g n o f u r t h e r c o m m e n t s , M a y o r B a i l e y c l o s e d t h e p u b l i c c o m m e n t p e r i o d .
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M i c h e l l e G r o e n e v e l t , C o m m u n i t y D e v e l o p m e n t D i r e c t o r , s t a t e d t h a t F r e d C o r i e l l s u b m i t t e d a
l e t t e r o f i n t e r e s t a n d a t t e n d e d a m e e t i n g t o c o n f i r m t h a t h e w a s i n t e r e s t e d i n b e i n g a m e m b e r o f
t h e E n v i r o n m e n t a l A d v i s o r y C o m m i t t e e .
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C o m m i t t e e t o a t e r m t o e x p i r e J a n u a r y 2 0 1 2 . C o u n c i l M e m b e r S c o t t 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 a n d t h e m o t i o n c a r r i e d .
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P a g e 3 o f 7
AB 10-221 CA-09-01: Code Amendment — Lake Frontage Minimum for Residential Zones
and Alternatives
Michelle Groenevelt, Community Development Director, stated that this code amendment had
been to Council several times. Each time there had been various community comments that have
brought up some questions that need to be clarified for the Council. She stated that a joint
session for the City Council and Planning and Zoning Commission had been scheduled so that
the Council could then give direction on whether or not to pursue the proposed code amendment.
Mayor Bailey wanted to confirm that if needed all property owners around the lake could be
notified in the event an amendment is recommended. Ms. Groenevelt confirmed that they could.
Council Member Scott asked that examples of small, medium, and large lots to be provided at
the meeting, and describe the implications if the lot were to become nonconforming due to the
code amendment.
Council did not take action on the proposed code amendment CA-09-01. The item will be
discussed with McCall Area Planning and Zoning Commission at the October 22, 2010
work session. Based on the outcome of the work session, staff will provide additional
information and prepare the necessary documents for the November 18, 2010 meeting.
AB 10-226 Local Option Tax Revenue Update
BessieJo Wagner, City Clerk stated that at the February 25, 2010 City Council Meeting staff
advised Council that the LOT revenue was showing a 17% decrease from the four year average
LOT revenue. The Council voted to holdback 15% of the recommended funding for the
remainder of the FY10 LOT projects due to the revenue shortfall. Ms Wagner stated that the
City is able to pay all scheduled recipients (at their 15% reduced amount) with what has been
received to date. Staff is asking for direction from the Council as to how the remainder of the
funds will be disbursed. Staff asked that the Council consider the following three options:
1. Pay each of the projects the remaining 15%
2. Fund the Contingent projects at 85%
3. Return the monies to the tax payers in the form of property tax reduction
Council Member Delaney stated that she was in favor of option #1.
Council Member Witte was also in favor of option #1, and suggested that the funding start with
the smaller dollar amounts.
Mayor Bailey suggested involvement by the LOT Commission with the determination of how to
disburse the funds.
Mayor Bailey moved that staff, in conjunction with the LOT Commission if they choose to
participate, determine which of the projects that have been funded will receive their
additional 15%, and with any funds left overt fund as many of the projects on the
contingency list as are possible. Council Member Delaney seconded the motion. In a voice
vote all members votes aye and the motion carried.
McCall City Council Regular Meeting Page 4 of 7
October 7, 2010
AB 10-224 City Council to Provide Direction re: confidential matter discussed in Executive
Session pursuant to IC 67-2345(1)(d)
Mayor Bailey moved that the Council direct the City Attorney to prepare a settlement
agreement with the Pancake House accepting their proposed settlement as discussed in
Executive Session. Council Member Delaney seconded the motion. In a voice vote Mayor
Bailey, Council Member Delaney and Council Member Scott all voted aye. Council
Member Witte abstained.
AB 10-225 Selection of New Council Member
Due to the resignation of Bert Kulesza, as of October 1, 2010, the Council will adjourn into the
Committee of the Whole to nominate a candidate for Council. There was an ad in the Star News
as well as on the City's website stating that there was a vacancy on the City Council. There were
three letters of interest received, Robert Lyons, Jackie Aymon, and Ballard Smith. The
appointment will be for the remainder of 2010 and all of 2011, and will go to the voters in
November of 2011.
Mayor Bailey moved to adjourn the regular meeting to convene the Committee of the
Whole. Council Member Delaney seconded the motion. In a voice vote all members voted
aye and the motion carried.
The Committee of the Whole discussed whether there was an adequate pool of candidates. It was
decided that sufficient amount of time was given for those interested to respond and that three
candidates were sufficient. Mayor Bailey stated that he had met with each candidate separately
as did each of the Council Members and thought that each candidate would be qualified to be on
the Council.
Council Member Scott stated that she was happy with the pool of candidates, stating that she
knew two of the candidates fairly well and that they would be a positive addition. She also stated
that she felt that all three had complementary strengths to the existing Council Members.
Council Member Delaney stated that two of the candidates, Ms. Aymon and Mr. Lyons,
participate within the community at a high level, which demonstrates their desire to participate.
Council Member Witte stated that she had spoken with the City's attorney to ensure that
although she worked with Jackie Aymon she could still express her opinion. The attorney
confirmed that it would not be a conflict of interest considering that Council Member Witte did
not write Ms. Aymon's performance evaluations or determine her salary. With that clarification,
Council Member Witte spoke highly of Ms. Aymon's qualifications and felt that she would make
a positive addition to the City Council. She stated that Ms. Aymon has proven her commitment
level as she currently serves on two City Committees, the Transportation Advisory Committee
and the Local Option Tax Commission.
Council Member Scott stated that she supported Mr. Smith as he could bring some interesting
legal expertise to the Council. She also liked what Mr. Lyons has brought to the Council as a
citizen who participates at Council Meetings. She also stated that although she did not know Ms.
McCall City Council Regular Meeting Page 5 of 7
October 7, 2010
Aymon very well she was impressed with what she had seen. She stated that it was a difficult
position with three very qualified candidates.
Council member Delaney expressed some concerns with candidate Ballard Smith saying that she
was concerned with his time commitment.
Mayor Bailey stated that he would go with the majority vote so essentially it was up to Council
Member Delaney, Council Member Scott and Council Member Witte to agree on a candidate.
Council Member Witte recommended that they appoint Jackie Aymon. Council Member
Delaney would also support Ms Aymon; however she would like for all of the Council Members
to come to a consensus. Council Member Scott stated that she too would support Ms. Aymon.
Mayor Bailey moved to come out of the session as the Committee of the Whole and
reconvene the regular City Council Meeting. Council Member Delaney seconded the
motion. In a voice vote all members voted aye and the motion carried.
Mayor Bailey appointed Jackie Aymon as City Council Member.
Council Member Delaney moved to confirm the appointment of Jackie Aymon as City
Council Member. Council Member Scott seconded the motion. In a voice vote all members
voted aye and the motion carried.
CONSENT AGENDA
Staff recommended approval of the following items:
• Warrant Registers printed on 10/1/10
• Payroll Report for Period ending 9/17/10
• AB 10-218 2010-2011 Winter Snow Removal Equipment Rental
• AB 10-219 Resolution 10-18: Commitment to Renewable Energy
• AB 10-222 Sidewalk Easement — Pines and Palms to the City of McCall
• AB 10-223 Sidewalk Easement — Boyd to the City of McCall
• AB 10-227 Assumption of lease for Greystone Village #3, Lot 5, Block 3, from Idaho
Housing and Finance Association to Dana and Michelle Borgquist (ADDED 10/06/10)
Some discussion took place to clarify the warrant register. Some discussion took place to clarify
the sidewalk easements
Council Member Delaney moved to approve the Consent Agenda as presented and
authorize the Mayor to sign all necessary documents. Council Member Scott seconded the
motion. In a roll call vote, Council Member Scott, Council Member Delaney, Mayor Bailey,
and Council Member Witte all voted aye and the motion passed.
McCall City Council Regular Meeting Page 6 of 7
October 7, 2010
EXCUTIVE SESSION
At 7:10 p.m. Mayor Bailey 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 Delaney seconded the motion. In a roll call vote Mayor Bailey, Council
Member Scott, Council Member Delaney, and Council Member Witte all voted aye and the
motion passed.
Kim Trout, Attorney joined the meeting via phone.
Council discussed the Payette Lakes Water and Sewer District litigation issues and possible
strategies and solutions.
ADJOURNMENT
Without further business, the Mayor adjourned the meeting at 9:20 p.m.
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McCall City Council Regular Meeting Page 7 of 7
October 7, 2010