HomeMy Public PortalAbout2011.12.15 Regular Council MinutesMINUTES
McCall City Council
Regular Meeting
High School Annex
401 North Mission Street
December 15, 2011
Agenda
Call to Order and Roll Call
Work Session
Approve the Agenda
Pledge of Allegiance
Public Comment
Business Agenda
Consent Agenda
Executive Session
Open Session
Adjournment
CALL TO ORDER AND ROLL
CALL
Mayor Bailey called the regular meeting of the McCall City Council to order at 5:30 p.m.
Council Member Aymon, Mayor Bailey, Council Member Scott, Council Member
Swanson, and Council Member Witte all answered roll call.
City staff present was Lindley Kirkpatrick, City Manager; Bill Nichols, City Attorney; Jerry
Summers, Chief of Police; Michelle Groenevelt, Community Development Director; Dennis
Coyle, Parks and Recreation Director; Eric McCormick, Golf Course Superintendent; Peter
Borner, Public Works Director; Carol Coyle, Grant Coordinator; and BessieJo Wagner, City
Clerk.
APPROVE THE AGENDA';
Mayor Bailey and the Council approved the Agenda, adding an Executive Session for
litigation and to consider records that are exempt from disclosure at the end of the meeting.
WORK SESSION
AB 11-225 MCC Title 1 Amendments
BessieJo Wagner, City Clerk, explained that McCall City Code (MCC) Title 1 was currently out
of date with the City's administrative needs and practices. The last update made to MCC Title 1
was in 2004; however, the majority of Title 1 was written in the 1990's. The purpose of the work
session was to identify areas in MCC Title 1 that staff and Council felt needed to be updated and
correct any grammatical or content issues. Council received a draft proposal and made the
following changes:
McCall City Council Regular Meeting Page 1 of 8
December 15, 2011
Paragraph 1.1.3: AMENDMENTS — Council Member Witte asked that the specification of
Sterling Codifier, Inc. be removed. It should now read "...by ordinance shall be immediately
forward to the City's official codifier, and the said..."
A brief discussion occurred regarding Paragraph 1.1.4 and the use of he to mean he or she, man
to mean man or woman and singular to mean singular or plural.
Mr. Bill Nichols, City Attorney, stated changing something in MCC Title 1 could require
changing it in the entire Code and, therefore, recommended not making changes to general
information.
Paragraph 1.1.5 DEFINITIONS — Under Neglect, Negligence, Negligent and Negligently,
Council Members Aymon and Witte requested use of the word person and his or her. It should
now read "...as a prudent person ordinarily bestows in acting in his or her own concern."
Under Streets, Council Member Witte questioned the use of the term public places. Mr. Nichols
recommended that term remain.
Paragraph 1.1.6: INTERPRETATIONS, Council Member Witte expressed concern regarding
the wording in Paragraph B "...the employer and all other persons concerned with the said
person shall be deemed guilty of the offense described." Mr. Nichols recommended reviewing
that section with the City Prosecutor. There was a brief discussion between Council Member
Witte and Mr. Nichols regarding who would be liable and under what circumstances.
Paragraphs 1.2.1 and 1.2.2, Mayor Bailey questioned the reference to (1964 Code) at the end of
each paragraph. BessieJo Wagner, City Clerk, indicated that should have been removed.
Council Member Aymon asked for clarification on the Repeal of General Ordinances covered,
and Mr. Nichols provided that information.
Paragraph 1.3.1: GENERAL PENALTY, Council Member Witte stated the paragraph was one
long, run-on sentence. Mr. Nichols explained it was State Statute. Council Member Witte
requested the she and her be added to the last sentence. Mr. Nichols recommended using that
person. It should now read "...that person may be put to work for the benefit of the City for the
term of that person's imprisonment."
Paragraph 1.3.2: TO WHAT ACTS PENALTY SHALL ATTACH, Council Member Witte
indicated the paragraph is again a run-on sentence. It should now read "...or imposing the
obligation. Where any duty is prescribed..."
Council Member Swanson pointed out that there is no 1.4.1.
Paragraph 1.6.1: INITIATIVE AND REFERENDUM — Mayor Bailey requested removal of the
comma. It should now read "...through the initiative process according to the procedures..."
Council Member Swanson requested the official oath required of the City Manager in Paragraph
1.7.010 be included in this document.
McCall City Council Regular Meeting Page 2 of 8
December 15, 2011
Paragraph 1.7.030: BOND — Council Member Witte indicated that was not a complete sentence.
It should now read "...through the City's insurance coverage, and be deemed to have
coverage..."
Paragraph 1.7.040: ABSENCE — Council Member Witte requested and received clarification
regarding who would be authorized to perform the City Manager's duties in his absence. Council
requested removal of the word administrative. It should now read "...a qualified officer of the
City."
Paragraph 1.7.050: COMPENSATION — Council Member Swanson pointed out that the
referenced sections need to be updated. Council requested a change in the wording regarding
compensation. It should now read "...such compensation as the Council shall from time to time
determine and fix by written agreement."
Paragraph 1.8.4: TIME OF MEETING — Council Member Witte pointed out that there should be
a space or dash in the written five thirty.
Paragraph 1.8.6 EXPENSES — Council Member Witte felt there were words missing. It should
now read "...under direction of the Council or in the ordinary performance of the duties of the
Council;..." and "...has been presented to the full Council and by such approved and allowed."
Paragraph 1.8.3: SPECIAL MEETINGS; CALLING OF SAME: — Mayor Bailey the removal of
`by the Mayor.' Ms. Wagner explained that in the Council/Manager form of government, the
Mayor is not granted that authority.
Paragraph 1.8.8: PROCEDURES FOR FILLING VACANCIES ON COUNCIL — Mayor Bailey
requested removal of the small m in the last sentence before Mayor.
Paragraph 1.8.10: MAYOR; AUTHORITY DUTIES AND POWERS — Council Members
Aymon and Witte requested the paragraph utilize "his or her" and "he or she throughout the
paragraph.
Paragraph 1.8.9: MAYOR — Council Member Witte asked for clarification regarding the removal
of the Mayor by the Council. Council Member Swanson indicated the wording was confusing
regarding the first meeting. Mr. Nichols recommended re -wording the paragraph. Council
Member Aymon requested gender neutral verbiage.
Paragraph 1.8.12: EXPENSES — Mayor Bailey indicated a word was left out. It should now read
"...has been presented to the Council and by such approved..."
Paragraph 1.9.3: APPOINTMENT AND REMOVAL — Mayor Bailey felt `City Prosecutor'
should be added to the first sentence. A brief discussion occurred. Council members concurred
with Mayor Bailey. The first paragraph should now read "...or remove the City Attorney or City
Prosecutor or confirm or fail..."
Council Member Witte requested the addition of department heads to the first sentence of
Paragraph C, to keep it consistent throughout the paragraph. Paragraph C should now read
"...temporarily remove any officer or department head (other than the City Attorney or City
Prosecutor) at any time..."
McCall City Council Regular Meeting Page 3 of 8
December 15, 2011
This Work Session was continued to the work session scheduled for Friday, December 16, 2011.
Mayor Bailey led the audience in the Pledge of Allegiance at 6:19 p.m.
PUBLIC
COMMENT
Mayor Bailey called for public comment at 6:20 p.m.
Patrick Phillips, 344 Conifer Drive, McCall — Stated he had requested City Council review City
Code 3.8.09 regarding trash containers at a previous Council meeting and asked for an update.
Mayor Bailey indicated that City Code 3.8.09 was the subject of the Work Session scheduled for
December 16, 2011, and encouraged Mr. Phillips to attend.
Hearing no further comments, Mayor Bailey closed the public comment period.
BUSINESS AGENDA
AB 11-218 Resolution 11-24 Section 504 Transition Plan Adoption — Public Comment
BessieJo Wagner, City Clerk, explained to City Council that as a recipient of Federal financial
assistance, the City of McCall was required to comply with various nondiscrimination laws and
regulations, including Title VI of the Civil Rights Act of 1964 and Title II (State and Local
Government Services) of the Americans with Disabilities Act (ADA). Part of the requirement
was to develop and implement a 504 Transition Plan for corrective actions to provide access to
public programs and facilities. This Transition Plan was originally presented to Council in June.
City staff advertised and held a public workshop on November 15, 2011, for citizen participation
in the development of the 504 Transition Plan. No members of the public attended that
workshop. Staff also published an ad in the November 24, December 1, and December 8, 2011,
editions of the Star -News, seeking written comments on the Plan. One comment was received.
Mayor Bailey called for public comment at 6:24 p.m.
Roger Gossi, 1200 Aspen Ridge Lane, McCall — Introduced himself as the retired 504
Coordinator for Boise State University. He offered his extensive experience to assist the City
with this Transition Plan. Council Member Aymon asked Mr. Gossi what, in his opinion, the
City's biggest need was. Mr. Gossi believed the City should focus on locations that are utilized
the most. He also indicated there were many options for making accommodations with no cost
involved. Council Member Aymon requested Mr. Gossi review the current City priority list and
provide feedback at his convenience.
Hearing no further comments, Mayor Bailey closed the public comment period.
Ms. Wagner requested Council remember that this is a fluid document that will require constant
review and possible revision, and indicated currently the City's priority was signage and utilizing
any cost-effective solutions that may be available.
A brief discussion occurred regarding utilizing current staff to make necessary corrections.
McCall City Council Regular Meeting Page 4 of 8
December 15, 2011
Council Member Swanson moved to approve Resolution 11-24 adopting the Section 504
Transition Plan for the City of McCall and authorize the Mayor to sign all necessary
documents. Council Member Aymon seconded the motion. In a roll call vote Council
Member Swanson, Council Member Aymon, Mayor Bailey, Council Member Scott and
Council Member Witte all voted aye and the motion carried.
AB 11-219 City of McCall Environmental Advisory Committee Annual Report
Claire Remsberg, Environmental Advisory Committee Chair, presented the Environmental
Advisory Committee's annual report. Ms. Remsberg described the activities of the EAC over the
past year and provided information on upcoming projects. The Council was supportive and
appreciative of the Committee's efforts.
AB 11-222 Snow Storage Agreement between Timberlost V Homeowner's Association, Inc.,
and the City of McCall
Eric McCormick, Golf Superintendent, indicated that The Timberlost V Homeowner's
Association needed additional snow storage in the winter. The McCall Golf Course would like
the use of a private street belonging to Timberlost V, Fairway Drive, to move machinery more
efficiently around the McCall Golf Course. The Timberlost V Homeowner's Association was
willing to permit the McCall Golf Course to use the private street in exchange for a storage area
for snow in the winter. The area requested by Timberlost for snow storage was used for
employee parking in the summer and snow storage by the McCall Golf Course in the winter.
There was ample room for additional snow storage on the lot. The Homeowners were storing
snow on a private lot which drains onto the McCall Golf Course late into spring. The McCall
Golf Course snow storage area provided a better drainage option for the Golf Course as well. Mr.
McCormick provided Council with a copy of the proposed Agreement and a map of the area.
Mayor Bailey felt the City currently had legal access to all private roads. Mayor Bailey also
stated that in the near future the City should consider selling the lot in question for revenue to
build a new golf course shop.
A brief discussion occurred regarding alternate storage areas and the moving of equipment and
snow. Mr. McCormick also confirmed that the agreement can be terminated by either party at
any time.
Council Member Aymon moved to approve the agreement with The Timberlost V
Homeowner's Association and authorize the Mayor to sign all necessary documents.
Council Member Scott seconded the motion. In a roll call vote Council Member Aymon,
Council Member Scott, Mayor Bailey, Council Member Swanson and Council Member
Witte all voted aye and the motion carried.
AB 11-221 Adoption of Guidelines for permitting commercial activity in McCall City Parks
Resolution 11-25
Dennis Coyle, Parks and Recreation Director, stated that the purpose of permitting concession
privileges in parks was to provide the public with access to products and services while
generating revenue to support ongoing park and recreation programs. The Parks and Recreation
Advisory Board and staff had developed guidelines that would be used to determine the specific
parks where concessions would be permitted and the types of concessions allowed. Concession
privileges would be granted only when the McCall City Council determined that the products or
services offered would provide an enhancement to the park, park users and the community of
McCall. Public input was gathered on the following dates:
McCall City Council Regular Meeting Page 5 of 8
December 15, 2011
" O c t o b e r 1 9 , 2 0 1 1 , a t t h e P a r k s a n d R e c r e a t i o n A d v i s o r y B o a r d m e e t i n g w h e n t h e f i r s t
d r a f t o f G u i d e l i n e s f o r C o m m e r c i a l A c t i v i t y a n d C o n c e s s i o n S a l e s w i t h i n M c C a l l C i t y
P a r k s w a s p r e s e n t e d ;
" N o v e m b e r 2 , 2 0 1 1 , w h e n t h e P a r k s a n d R e c r e a t i o n A d v i s o r y B o a r d m e e t i n g c o n d u c t e d a
p u b l i c m e e t i n g w i t h s t a k e h o l d e r s i n c l u d i n g c u r r e n t c o n c e s s i o n a i r e s , b u s i n e s s o w n e r s ,
i n t e r e s t g r o u p s a n d c o n c e r n e d c i t i z e n s ;
" N o v e m b e r 3 , 2 0 1 1 , t h e C o u n c i l w a s b r i e f e d o n t h e c u r r e n t s t a t u s ;
" N o v e m b e r 1 6 , 2 0 1 1 , t h e s e c o n d d r a f t w a s r e v i e w e d b y t h e P & R A d v i s o r y B o a r d d u r i n g
i t s r e g u l a r l y s c h e d u l e d m e e t i n g ; a n d
" D e c e m b e r 1 , 2 0 1 1 , t h e d r a f t r e c o m m e n d a t i o n w a s p r e s e n t e d t o C i t y C o u n c i l .
M r . C o y l e p r e s e n t e d C o u n c i l w i t h a f i n a l d r a f t .
A b r i e f d i s c u s s i o n o c c u r r e d r e g a r d i n g a w n i n g s i z e s , l o c a t i o n s a n d q u a n t i t i e s , t r a f f i c a n d
p e d e s t r i a n c o n s i d e r a t i o n s , w h a t t h e p r o h i b i t i o n o f b e g g i n g a n d s o l i c i t i n g c o v e r e d a n d h o w t o
p r e v e n t a n y t y p e o f m o n o p o l y f r o m o c c u r r i n g .
C o u n c i l M e m b e r W i t t e r e q u e s t e d t h e s e n t e n c e a b o u t t h e t i m e l i n e b e i n g a d j u s t e d w i t h C i t y
C o u n c i l a p p r o v a l u n d e r S m a l l C o n c e s s i o n A p p l i c a t i o n C a l e n d a r , a l s o b e a d d e d t o t h e L a r g e
C o n c e s s i o n A p p l i c a t i o n C a l e n d a r .
C o u n c i l M e m b e r W i t t e q u e s t i o n e d r e q u i r i n g t h e c o n c e s s i o n t o b e i n c h a r a c t e r w i t h t h e p a r k . M r .
C o y l e e x p l a i n e d t h a t r e v i e w o f t h e a p p l i c a t i o n , w i t h a r e q u i r e d p h o t o , w o u l d a d d r e s s t h a t i s s u e .
C o u n c i l M e m b e r W i t t e r e q u e s t e d t h a t I t e m 4 v e r b i a g e b e c h a n g e d w i t h " T h e C i t y C o u n c i l m e e t s
t h e f i r s t a n d t h i r d T h u r s d a y o f e a c h m o n t h . " B e i n g r e m o v e d a n d " . . . t h e C o u n c i l o r t h e A d v i s o r y
B o a r d m u s t b e s u b m i t t e d o n e w e e k p r i o r t o t h e s c h e d u l e d m e e t i n g . . . "
C o u n c i l M e m b e r W i t t e r e q u e s t e d t h a t I t e m 6 v e r b i a g e b e c h a n g e d t o " P a r k s a n d R e c r e a t i o n
D i r e c t o r w i l l c r e a t e a n a g e n d a i t e m f o r t h e M c C a l l C i t y C o u n c i l f o r c o n s i d e r a t i o n . " C o u n c i l
M e m b e r W i t t e a l s o r e q u e s t e d r e m o v a l o f t h e w o r d " t o " i n t h e l a s t s e n t e n c e o f t h e s a m e
p a r a g r a p h .
C o u n c i l M e m b e r S c o t t m o v e d t o a p p r o v e R e s o l u t i o n 1 1 - 2 5 , a s a m e n d e d , a d o p t i n g t h e
g u i d e l i n e s f o r p e r m i t t i n g c o m m e r c i a l a c t i v i t y i n M c C a l l C i t y P a r k s a n d a u t h o r i z e t h e
M a y o r t o s i g n a l l n e c e s s a r y d o c u m e n t s . C o u n c i l M e m b e r S w a n s o n s e c o n d e d t h e m o t i o n . I n
a r o l l c a l l v o t e C o u n c i l M e m b e r S c o t t , C o u n c i l M e m b e r S w a n s o n , M a y o r B a i l e y , C o u n c i l
M e m b e r A y m o n , a n d C o u n c i l M e m b e r W i t t e a l l 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 .
D i s c u s s i o n o f c o r r e s p o n d e n c e t o J - d i t c h P a r t n e r s ( A D D E D 1 2 / 1 3 / 2 0 1 1 )
M a y o r B a i l e y s t a t e d t h i s w a s i n t e n d e d t o g e t l e t t e r s t o e a c h o f t h e c u r r e n t f a r m e r s a n d t h e
I r r i g a t i o n D i s t r i c t t h a t u t i l i z e d C i t y w a s t e w a t e r r e g a r d i n g n e w c o n t r a c t s , a s w e l l a s a l e t t e r t o
S i m p l o t r e q u e s t i n g t h e f u t u r e i r r i g a t i o n o f t h e i r p r o p e r t y a n d a s k i n g S i m p l o t t o c o n s i d e r a m i x i n g
s t a t i o n o n t h e i r p r o p e r t y .
A b r i e f d i s c u s s i o n o c c u r r e d r e g a r d i n g c o n t r a c t l e n g t h , h o w a n d w h e r e t h e c o n t r a c t d i s c u s s i o n s
w i l l o c c u r a n d h o w C i t y C o u n c i l w i l l p a r t i c i p a t e i n t h e c o n t r a c t i n g p r o c e s s .
M a y o r B a i l e y r e q u e s t e d C o u n c i l m e m b e r s ' f e e d b a c k w i t h i n t h e n e x t w e e k .
M c C a l l C i t y C o u n c i l R e g u l a r M e e t i n g P a g e 6 o f 8
D e c e m b e r 1 5 , 2 0 1 1
Mayor Bailey moved to authorize the Mayor to sign a letter to the J-Ditch Partners.
Council Member Aymon seconded the motion. In a voice vote, all members voted aye and
the motion carried.
Discussion of the Pancake House Parking Lot Agreement (ADDED 12/13/2011)
Lindley Kirkpatrick, City Manager, indicated that Council members had received a
memorandum that was confidential and could be discussed in Executive Session. He gave a
brief recap of the development agreement with the Pancake House and the history resolution
attempts. Mr. Kirkpatrick indicated no new agreement had been reached to present to Council at
this meeting.
CONSENT AGENDA
Staff recommended approval of the following items:
1. Council Minutes — December 1, 2011
2. Warrant Registers Dated December 8, 2011
3. Payroll Report for Period Ending November 25, 2011
4. License Report to Council
5. AB 11-224 Winter Carnival 2012 - Event Summary, Request for Suspension of the
Noise Ordinance and Request for Approval of the Fireworks Display
6. AB 11-223 Technical Advisory Group Independent Advisor Agreement Extension
7. AB 11-220 National Scenic Byways Grant Application for Improvements to Rotary Park
Mayor Bailey requested and received additional information from Mr. Kirkpatrick regarding
Representative Roberts' comments at the recent Associated Tax Payers of Idaho Conference.
A brief discussion took place regarding the Warrant Register and corrections to the minutes.
Council Member Scott moved to approve the Consent Agenda, with the changes to the
minutes. Council Member Swanson seconded the motion. In a roll call vote Council
Member Scott, Council Member Swanson, Mayor Bailey, Council Member Aymon and
Council Member Witte all voted aye and the motion carried.
Executive Session
At 7:26 p.m. Mayor Bailey moved to go into Executive Session for:
• Records Exempt from Public Disclosure — Pursuant to Idaho Code §67-
2345(1)(d) To consider records that are exempt from disclosure as provided in
Chapter 3, Title 9 of 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 Swanson seconded the motion. In a roll call vote, Mayor Bailey, Council
Member Swanson, Council Member Aymon, Council Member Scott and Council Member
Witte all voted aye and the motion carried.
McCall City Council Regular Meeting Page 7 of 8
December 15, 2011
Council discussed records that are exempt based on Idaho Code §67-2345(1)(d) and the Rice
Notice of Tort Claim.
OPEN
SESSION
At 8:26 p.m. Mayor Bailey moved to return to open session. Council Member Scott
seconded the motion. In a roll call vote, Mayor Bailey, Council Member Scott, Council
Member Aymon, and Council Member Swanson all voted aye and the motion carried.
ADJOURNMENT
Without further business, the Mayor adjourned the meeting at 8:30 p.m.
ATTEST:
g r
BessieJo Wagner; City Cle
McCall City Council Regular Meeting Page 8 of 8
December 15, 2011