HomeMy Public PortalAbout12.02.10 Regular Minutes ApprovedMINUTES
McCall City Council
Regular Meeting
Legion Hall (McCall City Hall - Lower Level)
December 2, 2010
Agenda
Call to Order and Roll Call
Reports
Pledge of Allegiance
Approve the Agenda
Public Comment
Business Agenda
Consent Agenda
Adjournment
CALL TO ORDER AND ROLL CALL
Mayor Bailey called the regular meeting of the McCall City Council to order at 5:32 p.m.
Mayor Bailey, Council Member Aymon, and Council Member Delaney, all answered roll
call. Council Member Scott and Council Member Witte were absent. A quorum was
present.
City staff present was Lindley Kirkpatrick, City Manager; Dennis Coyle, Parks and Recreation
Director; John Anderson, Airport Manager; Eric McCormick, Golf Course Superintendent; Jerry
Summers, Police Chief; Michelle Groenevelt, Community Development Director; Linda Stokes,
Treasurer; Carol Coyle, Grant Coordinator; Peter Borner, Public Works Director; Laurie
Radcliffe, Deputy City Clerk and Denise Tangen, Deputy City Clerk.
Bill Punkoney, City Attorney, joined the meeting via telephone.
REPORTS
Department Reports
Lindley Kirkpatrick, City Manager, indicated that Council has reports in their packets; briefly
reviewed the Department reports. He reminded Council of the tree lighting ceremony Friday,
December 3, 2010, at 6 p.m. The REEZ Grant responses will be due in mid -January, with
Council action at the February 10, 2011, meeting, and went over the upcoming meeting schedule
that was handed out. Council also discussed the Payette Lakes Recreational Water & Sewer
District settlement agreement, and agreed to meet to review it on Friday, December 10, 2010, at
11:30 a.m. Mr. Kirkpatrick encouraged Council to visit the Library, as the renovation has made
McCall City Council Regular Meeting
December 2, 2010
Page 1 of 6
a significant difference. He also asked them to log on and provide feedback for the new database
system at the Library.
Council Member Witte joined the meeting at 5:34 p.m.
Council Member Witte asked for an update on the unmarked street off Reedy. Council Member
Aymon indicated there is no sign at all. Research will be done to find out if it is a private street,
a driveway, or a city street.
Mayor Bailey asked for and received clarification on work being done by the staff engineer
regarding subdivisions on the Department Report.
At Council Member Delaney's request, Peter Borner, Public Works Director, explained the
sizing of grates in the street. Mr. Borner explained that specifications generally specify a
standard grate. Mr. Borner will research sizing throughout the City.
Mayor Bailey and Council Member Delaney brought to everyone's attention that business
owners are depositing their sidewalk snow on the street. Mr. Kirkpatrick explained that Code
Enforcement Officers are aware and work with the business owners, as needed.
Mayor Bailey wondered what two commercial EDU permits were issued for FY11. Michelle
Groenevelt, Community Development Director, indicated they will research and let Council
know who purchased the permits.
Council Member Witte wondered if a response to Kathy Golden has occurred. Mr. Kirkpatrick
and Mr. Borner indicated some follow-up had occurred. Mayor Bailey indicated that area has
been an issue and a possible solution for homeowners to undertake could be to drill a well and
divert the water.
Mayor Bailey asked for clarification of Jennifer Ruemmele's comments as shown on the Parks &
Recreation Advisory Committee minutes. Dennis Coyle, Parks & Recreation Director, indicated
that her concerns were regarding City man-hours that are used for out -of -the -ordinary events (i.e.
grant writing, the Christmas tree lights) could be better spent maintaining City programs. Carol
Coyle, Grant Coordinator, indicated that she had received approval of pursuing the grant with the
Advisory Committee prior to applying. Mayor Bailey reminded City staff to plan for additional
maintenance as these new efforts are funded.
Council Member Aymon asked Eric McCormick, Golf Course Superintendent, to clarify
concerns about PCNB which is the chemical that the City and many northern golf courses use for
snow mold control on tees and fairways. Mr. McCormick explained that McCall and many other
courses are going without, because the Environmental Protection Agency (EPA) would not
release it, and the alternative was cost prohibitive. Mr. Kirkpatrick indicated that the expenses
for Mr. McCormick to attend the National meeting with the EPA in Washington D.C. were paid
entirely by the Golf Course Superintendent Association (GCSA).
McCall City Council Regular Meeting Page 2 of 6
December 2, 2010
Committee Minutes
The Council received copies of the following committee minutes:
• Planning and Zoning Commission — October 5, 2010
• Parks and Recreation Committee — July 21, 2010
• Parks and Recreation Committee — August 18, 2010
• Parks and Recreation Committee — September 15, 2010
Mayor Bailey led the audience in the Pledge of Allegiance at 6:02 p.m.
Council Member Witte requested moving the Utility Hardship Application to the Business
Agenda.
Mayor Bailey approved the agenda with the following changes move the Utility Hardship
to the Business Agenda and to add an update on the Centennial Committee.
PUBLIC COMMENT
Mayor Bailey called for public comment at 6:03 p.m.
Hearing no comments, Mayor Bailey closed the public comment.
BUSINESS AGENDA
AB 10-263 Building Code and Ordinance Adoption
Michelle Groenevelt, Community Development Director, explained that this Ordinance is based
on McCall City Code 2.1.70 and its requirement to adopt the current version of the International
Building Code, effective on the date any such codes are made effective by the Idaho Building
Code Board. McCall currently uses the 2006 version, and this Ordinance will adopt the 2009
version. This will be Ordinance Number 884, and would be effective January 1, 2011. Council
member Witte asked about timing and Ms. Groenevelt indicated a new Ordinance will be
required every three years.
At Mayor Bailey's request, Nick Nicholas, Building Official, explained the changes. Mayor
Bailey asked for and received clarification on several issues. Council Member Witte wondered
how the Code applied to McCall in the area of The Division and if the fees listed applied to the
City. Mr. Nicholas indicated the fees are statewide and have not changed. Minor corrections of
the Ordinance were discussed.
Council Member Delaney moved to suspend the rules and read Ordinance No. 884 by title
only one time only. Council Member Aymon seconded the motion. In a roll call vote
Council Member Delaney, Council Member Aymon, Mayor Bailey, and Council Member
Witte all voted aye and the motion passed.
McCall City Council Regular Meeting Page 3 of 6
December 2, 2010
Ordinance No. 884 was read one time only, by title only by Mr. Kirkpatrick.
Council Member Delaney moved to adopt Ordinance No. 884 adopting the 2009 Idaho
Building Code. Council Member Witte seconded the motion. In a roll call vote Council
Member Delaney, Council Member Witte, Council Member Aymon and Mayor Bailey all
voted aye and the motion passed.
AB 10-264 Recommendation and Contract for City Prosecuting Attorney
Jerry Summers, Chief of Police, reviewed the proposal from Williams Law, P.L.L.C., which was
the only proposal received for the City Prosecuting Attorney services. He introduced Matt
Williams and Carol Brockman, the attorneys fulfilling the Contract, to Council for questions and
presented Council with the proposed Agreement.
Mayor Bailey asked the attorneys' opinion of the state of prosecution in the State of Idaho. Mr.
Williams indicated he feels things are going well. The Police Department is cooperative and
supportive, and they do their best to treat people equally and fairly. Mr. Williams indicated that
he and Ms. Brockman attempt to split up the workload equally. He indicated City Court is held
three Wednesdays each month, and other dates as necessary. Mayor Bailey requested a schedule
of court dates be provided to Council. Jury trials are on Thursdays and are rare.
Council Member Delaney requested comments from the attorneys regarding new officers. Mr.
Williams indicated the field training program does a good job of teaching officers what they
need to know to provide quality arrests and reports. Mr. Williams and Ms. Brockman will
provide feedback so the reports continue to improve, and being local allows them to
communicate with the Police Department on a regular basis. Ms. Brockman indicated that,
because they represent the City and the County, they also try to schedule hearings so officers can
attend as many as possible on the same day, rather than have County and City cases on different
days.
Mr. Williams and Ms. Brockman elaborated on how they handle cases and work with local
police. They also highlighted their legal experience.
Mayor Bailey asked if a law abolishing texting while driving was put in place, what impact it
would have. Mr. Williams indicated he believes the law covering "inattentive driving" is
enough. Inattentive driving is a misdemeanor carrying 30 days and the normal fine. Mr.
Williams indicated City Council could increase the penalties by enacting a specific law, if they
so chose.
Council Member Witte wondered about numbers of cases and time involved in being the City
Prosecutor. Mr. Williams indicated it varies, and he did not have specific figures. Actual figures
were in the packet given to Council when the Request for Proposal was issued.
Additional discussion occurred regarding availability, screening of search warrants and
typographical and grammatical corrections in the Agreement. Mr. Williams asked for and
received clarification of the information City Council would like provided per the Agreement.
McCall City Council Regular Meeting Page 4 of 6
December 2, 2010
Council Member Delaney specifically requested feedback on specific cases and
laws/ordinances/codes.
Council Member Delaney moved to approve the Agreement with Williams Law, P.L.L.C.,
with the caveat that staff may make some grammatical corrections that do not change the
substantive content of the Agreement and authorize the Mayor to sign any and all
documents associated with the Agreement. Council Member Aymon seconded the motion.
In a roll call vote Council Member Delaney, Council Member Aymon, Mayor Bailey, and
Council Member Witte all voted aye and the motion passed.
AB 10-259 Utility Hardship Application
Linda Stokes, City Treasurer, asked for specific questions. Council Member Witte asked for
clarification of the monthly loan from family members. She feels only the income reported on
the tax return should be included, and she is inclined to grant the application. Council discussed
ramifications and discussed the history of this request. Council Member Delaney asked for and
received clarification on Ms. Stokes reasons for recommending denial. Ms. Stokes considered
the monthly loan from family members as income.
Mayor Bailey moved to approve the utility hardship application. Council Member Witte
seconded. In a roll call vote Mayor Bailey, Council Member Witte, and Council Member
Aymon, voted aye, Council Member Delaney voted nay, and the motion passed.
CONSENT AGENDA
Staff recommended approval of the following items:
• Emergency Special Minutes — October 12, 2010
• Special Minutes — October 15, 2010
• Special Minutes — October 18, 2010
• Special Minutes — October 19, 2010
• Special Minutes — October 20, 2010
• Special Minutes — October 21, 2010
• Special Minutes — November 9, 2010
• Warrant Registers printed on 11/23/2010
• Payroll Report for Period Ending 11/12/10
• AB 10-260 Personnel Manual Amendment Resolution 10-25
• AB 10-261 Non Discrimination Policy Statement Resolution 10-26
• AB 10-262 FY 12 Local Rural Highway Investment Program Grant Application (LRHIP)
for Park Street Improvements
A brief discussion took place regarding the Warrant Register. Mr. Kirkpatrick will follow-up on
exactly what Utility Refunds are.
McCall City Council Regular Meeting Page 5 of 6
December 2, 2010
Council Member Witte asked for clarification of "retaliation" on the Non -Discrimination Policy.
Mr. Kirkpatrick indicated that wording is straight from the relevant Federal policy. Mayor
Bailey asked for information on the plan being developed for public access. Carol Coyle
indicated it was a City wide effort to perform the necessary evaluations for the plan. Mr.
Kirkpatrick indicated the plan will come before Council prior to action being required.
Mayor Bailey asked for information on burying utilities. Peter Borner, Public Works Director,
elaborated on the entire plan.
Council Member Witte asked for and received an explanation of the Police Department's
overtime.
Council Member Delaney moved to approve the Consent Agenda. Council Member Aymon
seconded the motion. In a roll call vote Council Member Delaney, Council Member
Aymon, Mayor Bailey, and Council Member Witte all voted aye and the motion passed.
Council Member Witte gave an update on the Centennial Committee. The co-chairs will be Lyle
Nelson and Dean Martens. The Committee will meet every two weeks, but no specific agenda
has been prepared. The theme will be "A View of the Past, A Vision of the Future." A
monument is being considered for the corner of Highway 55 and Railroad Avenue, in the
parking lot by Toll Station Pizza. It would require significant funding and the loss of parking
spaces, but the Committee felt it would be an excellent idea to give the public an opportunity to
"buy" bricks to assist with the funding. Another option would be to commission artwork
representing the history of McCall. Many options will be considered for the celebration. The
committee will be encouraging businesses to do their own events acknowledging the Centennial.
ADJOURNMENT
Without further business, the Mayor adjourned the meeting at 7:17 p.m.
,��%FilMvIcC stilll,. qr
icd rO s
* kr4zS.:9 -
•• p:
V
ATTEST: 1ZI
ID p�'p�°�•,•
o so of muss
BessieJo Wagn:r,"City Cle
nald Bailey, Mayor
McCall City Council Regular Meeting
December 2, 2010
Page 6 of 6