HomeMy Public PortalAbout2017.09.28 Regular MinutesMINUTES
McCall City Council
Regular Meeting
McCall City Hall -- Legion Hall
September 28, 2017
Call to Order and Roll Call
Pledge of Allegiance
Approve the Agenda
Consent Agenda
Staff Recognition
Proclamations
Business Agenda
Public Hearing
Business Agenda cont.
Public Comment
Business Agenda cont.
Adjournment
CALL TO ORDER AND ROLL CALL
Mayor Aymon called the regular meeting of the McCall City Council to order at 5:30 p.m.
Mayor Aymon, Council Member Giles, Council Member Holmes, and Council Member Witte
all answered roll call. Council Member Nielsen was absent.
City staff members present were Bill Nichols, City Attorney; BessieJo Wagner, Interim City
Manager/City Clerk; Shay Tyler, Deputy Clerk; Linda Stokes, City Treasurer; Delta James, City
Planner; Kurt Wolf, Parks and Recreation Director; Phillip Bowman, City Engineer; Morgan Bessaw,
Permit Technician; Gail Draper, Accounts Specialist
Also in attendance was Andrew Mentzer, West Central Mountains Economic Development Council,
John Lillehaug, Tree Committee Chair; Matt Linde, Parks and Recreation Advisory Committee
Mayor Aymon led the audience in the Pledge of Allegiance.
APPROVE THE AGENDA
Council Member Witte moved to approve the agenda as submitted. Council Member Giles
seconded the motion. In a voice vote all members voted aye and the motion carried.
CONSENT AGENDA
Staff recommended approval of the following items:
McCall City Council Regular Meeting
September 28, 2017
Page 1 of 9
1. City Council Special Minutes August 25, 2017
2. City Council Special Minutes September 7, 2017
3. Payroll Report for Period ending September 8, 2017
4. Clerk Licenses Activity Report
5. Warrant Register — GL
6. Warrant Register — Vendor
7. AB 17-213 Treasurer's Report for August
8. AB 17-211 Request to Approve the One Year Renewal of Agreement for City Attorney/Civil
Legal Services with White Peterson Gigray & Nichols, P.A.
9. AB 17-212 Request to Approve to Reject the Additional Terrorism Insurance for FY18
offered by ICRMP
10. AB 17-204 Request to Adopt Resolution 17-20 for the Authorization of the Destruction of
Records
Council Member Holmes moved to approve the Consent Agenda as submitted. Council Member
Witte seconded the motion. In a roll call vote Council Member Holmes, Council Member Witte,
Mayor Aymon, and Council Member Giles all voted aye and the motion carried.
STAFF RECOGNITION
AB 17-218 Request to Presentation of Certificate of Appreciation to Gail Draper for 13 years
of service Recognition
City Treasurer Linda Stokes presented the certificate of appreciation of service recognition. Gail
Draper is retiring from the City on September 29, 2017. She has served the City in multiple roles and
multiple departments for over 13 years. The City Council would like to present a Certificate of
Appreciation for Gail's dedication and service to the McCall community.
Mayor Aymon presented the Certification of Appreciation to Gail Draper.
PROCLAMATIONS
AB 17-205 Request to Proclaim October 5, 2017 as a Very Special Celebration Of Geraldine
"Geri" Shaw's 100th Birthday
City Clerk BessieJo Wagner presented the proclamation. Skeeter Shaw, daughter-in-law of Geraldine
Shaw, affectionately known as Geri, requested a proclamation be made to recognize Geri Shaw's
100th birthday. Geri was born Geraldine Fitzgerald on October 5, 1917 in International Falls,
Minnesota, and moved to Idaho with her family in her teens. She met her husband, John Shaw, when
she came to live with her mother in McCall. Geri and John were married for 62 years and had 3
children, and many grandchildren. She taught piano and was the pianist for many churches over the
years. She currently lives in Emmett but travels often to visit her ranch in McCall.
Council Member Giles moved to proclaim October 5, 2017 as a Very Special Celebration of
Geraldine "Geri" Shaw's 100th Birthday in the City of McCall and authorize the Mayor to sign
the proclamation. Council Member Witte seconded the motion. In a voice vote all members
voted aye and the motion carried.
McCall City Council Regular Meeting Page 2 of 9
September 28, 2017
Mayor Aymon read the proclamation and presented it to Tom Shaw, Geri's son.
AB 17-215 Request to Proclaim October as Arts and Humanities Month
City Clerk BessieJo Wagner presented the proclamation. The month of October has been recognized
as National Arts and Humanities Month by thousands of arts and cultural organizations, communities,
and States across the country, as well as by the White House and Congress for 30 years. The arts and
humanities embody much of the accumulated wisdom, intellect, and imagination of humankind; and
enhance and enrich the lives of every American. The arts and humanities play a unique role in the
lives of our families, our communities, and our country; and the nonprofit arts industry also
strengthens our economy by generating $135 billion in total economic activity annually, 2.2 billion
in government revenue, and by supporting the full-time equivalent of 4.1 million jobs nationwide.
In an effort to support the national proclamation of Arts and Humanities, staff requests that Council
proclaim October as Arts and Humanities month in McCall.
Council Member Witte moved to proclaim October as Arts and Humanities Month and
authorize the Mayor to sign all necessary documents. Council Member Giles seconded the
motion. In a voice vote all members voted aye and the motion carried.
Mayor Aymon read the proclamation.
AB 17-217 Request to Proclaim October 8-14, 2017 as Fire Prevention Week — "Every Second
Counts — Plan 2 Ways Out!"
City Clerk BessieJo Wagner presented the proclamation. The City of McCall, Idaho is committed to
ensuring the safety and security of all those living in and visiting the City of McCall. Fire is a serious
public safety concern both locally and nationally, and homes are the locations where people are at
greatest risk from fire. This year's Fire Prevention Week campaign, "Every Second Counts — Plan 2
Ways Out!," is the National Fire Prevention Association's (NFPA) effort to reinforce the importance
of having an escape plan.
In a fire, seconds count. Seconds can mean the difference between residents of our community
escaping safely from a fire or having their lives end in tragedy. They want to bring focus to the
necessisty of being prepared for a fire with these key messages:
• Draw a map of your home using a grid with all members of your household, marking two exits
from each room and a path to the outside from each exit.
• Practice your home fire drill twice a year. Conduct one at night and one during the day with
everyone in your home, and practice using different ways out.
• Teach children how to escape on their own in case you can't help them.
• Make sure the number of your home is clearly marked and easy for the fire department to find.
• Close doors behind you as you leave — this may slow the spread of smoke, heat, and fire.
• Once you get outside, stay outside. Never go back inside a burning building.
In an effort to support the national proclamation of Fire Prevention week and bring awareness to the
citizens of McCall, staff requests the Council proclaim October 8-14, 2017 as Fire Prevention Week
in McCall.
McCall City Council Regular Meeting Page 3 of 9
September 28, 2017
Council Member Holmes moved to proclaim October 8-14, 2017, as Fire Prevention Week
throughout the City of McCall and authorize the Mayor to sign the proclamation. Council
Member Giles seconded the motion. In a voice vote all members voted aye and the motion
carried.
Mayor Aymon read the proclamation.
BUSINESS AGENDA
AB 17-210 West Central Mountains Economic Development Council Report
Andrew Mentzer, Executive Director, gave an update on the activities of the West Central Mountains
Economic Development Council (WCMEDC). The WCMEDC's mission is to encourage Valley
County communities, businesses and organizations to act more cohesively towards an improved local
economy; to solicit or assist projects that substantially strengthen the local economy (through business
stimulation; community & infrastructure development; sector development); to inspire and solicit
creative ("outside the box") solutions for issues at hand; to attract businesses and economic
opportunities to the region; and to assist in the creation and maintenance of a climate that fosters
economic growth and viability.
Mr. Mentzer gave a brief update on the Economic Summit, website training portal, grants for
pathways, the micro grant for Cascade medical cluster for training for a paramedic and two certified
nursing assistants, the open space levy, Idaho National Lab, small business trainings, and government
contracting. He asked for leads who could benefit from their services. Mayor Aymon asked about
finding people for the trade industry.
PUBLIC HEARING
AB 17-214 Request to Approve CUP-17-03 Conditional Use Permit to Entitle the Continued
Use of the Conifer Lodge at 925 Conifer Lane as a Short Term Rental with
Occupancy of 20 or more persons
Mayor Aymon opened the public hearing at 6:00 p.m.
City Planner Delta James presented the continued public hearing for the Conditional Use Permit for
Conifer Lodge. The Tuft Family Revocable Trust has submitted a Conditional Use Permit application
for the continued short term rental use of a residential property with an advertised maximum
occupancy of thirty-five (35) individuals. The use of the property as a large short-term rental pre-
dates the City's ordinance requiring a Conditional Use Permit for such use. Therefore, it is a pre-
existing use that cannot be denied, but that upon which conditions may be placed to mitigate issues
such as traffic, noise, etc.
At its August 24, 2017 meeting, Council opened a properly noticed public hearing, received public
testimony, closed public testimony, and continued the public hearing to receive additional information
McCall City Council Regular Meeting Page 4 of 9
September 28, 2017
regarding rental history of the property, traffic impact of the short term rental use, and the conditions
of approval applied to two previously approved large short-term rental properties.
Mayor Aymon called out the request for certified property managers and asked City Attorney Bill
Nichols if Idaho had a certification process. He answered that as far as he is aware, the State of Idaho
does not have an occupational license for property managers. There might be private groups such as
the Building Owners Management Association that offer certification.
Steve Millemann reported that the attorneys from all parties had met and felt it was productive. He
went over the changes to the conditions that came about from the meeting. The applicant agreed to
external decibel readers with a dashboard at the owner and manager's homes, and hired an
experienced property manager who lives in McCall to add to the phone list. They also added that the
property manager will be present for all wedding events, requiring renters to park trailers at another
location if no space in the parking area, and made changes to the game room to reduce noise including
carpet and disconnecting the sound mechanism on games. The applicant still objects to restrictions to
occupancy under 35 and the yearly percentage.
Council Member Holmes recused herself at 6:32 p.m. due to the fact she the business she works
for will be catering an event at Conifer Lodge in the near future.
Staff answered clarifying questions and the Council had a lengthy discussion on what options were
available to them and legal ramifications. City Planner James shared the due process the City has in
place for violations to the CUP and stated it does not need to be added to the conditions. The question
of the City's ability to limit occupancy was asked and City Attorney Nichols cautioned against
limiting the occupancy because courts are more amenable to property owners over the neighbors, and
on January 1, 2018 this type of business will be considered residential use by State law. He explained
when the home was built it was given a residential permit and that permit is attached to the property
not the owner so change in ownership will not affect the permit type. Again he reiterated that after
January 1st, all of these businesses will be considered residential regardless. The neighbors can
challenge the Council's decision if they have what is called `standing'. He explained judicial review,
which is a type of lawsuit, and its process. It is not a jury trial and the judge's decision can be contested
and sent to the State court.
Hearing no more comments, Mayor Aymon closed the public hearing at 6:51 p.m.
Council Member Witte moved to close the public hearing. Council Member Giles seconded. In
a voice vote all voted aye and the motion carried.
The Council deliberated. Mayor Aymon, Council Member Witte, and Council Member Giles all
expressed frustration about the Council's hands being tied as they cannot deny the CUP or limit
occupancy, and only allowed to add mitigating conditions to try to limit the impact. Council Member
Giles pointed out the necessity of following and enforcing the CUP, and Mayor Aymon stressed the
importance of reporting issues to both the property manager and law enforcement.
Council Member Giles moved to approve conditional use permit application CUP-17-03 as
recommended and documented by the applicant as submitted with Council Member Witte's
McCall City Council Regular Meeting Page 5 of 9
September 28, 2017
addition to condition #3 and by the McCall Area Planning and Zoning Commission and
authorize the Mayor to sign all necessary documents. Council Member Witte seconded the
motion. In a roll call vote Council Member Giles, Council Member Witte, and Mayor Aymon
all voted aye and the motion carried.
Council Member Holmes rejoined the meeting at 6:55 p.m.
BUSINESS AGENDA Continued
AB 17-216 Request to Approve Silverpine Village Townhouses Planned Unit Development Final
Plan (PUD-16-01), Subdivision Final Plat (SUB-16-04) and Escrow Agreement
City Planner Delta James presented the request to approve Silverpine Village Townhouses Planned
Unit Development Final Plan (PUD-16-01), Subdivision Final Plat (SUB-16-04) and Escrow
Agreement. The applications are for a development consisting of thirty (30) townhome units in nine
(9) duplex structures and four (4) triplex structures located on approximately 2.41 acres adjacent to
the existing Alpine Village Plaza. The duplex units include three bedrooms and the triplex units
include two bedrooms. An Escrow Agreement has been submitted to provide financial assurances for
the deferred improvements in the amount of 125% of the estimated costs in accordance with MCC
3.10.10.
At its September 5, 2017 regularly scheduled meeting, the McCall Area Planning and Zoning
Commission unanimously recommended the PUD Final Plan and Subdivision Final Plat for approval
by City Council. Additionally, City Council approved a Development Agreement for the project on
July 13, 2017.
Steve Millemann, representing attorney, presented a revised PUD Escrow Account Agreement,
explained the reasons behind the changes, and answered the Council's questions.
Council Member Holmes moved to approve PUD-16-01 Final Plan as recommended by the
McCall Area Planning and Zoning Commission and authorize the Mayor to sign all necessary
documents. Council Member Witte seconded the motion. In a roll call vote Council Member
Holmes, Council Member Witte, Mayor Aymon, and Council Member Giles all voted aye and
the motion carried.
Council Member Witte moved to approve SUB-16-04 Final Plat as recommended by the McCall
Area Planning and Zoning Commission and authorize the Mayor to sign all necessary
documents. Council Member Giles seconded the motion. In a roll call vote Council Member
Witte, Council Member Giles, Mayor Aymon, and Council Member Holmes all voted aye and
the motion carried.
Council Member Giles moved to approve the Silverpine Village Escrow Agreement as amended
and authorize the Mayor to sign all necessary documents. Council Member Holmes seconded
the motion. In a roll call vote Council Member Giles, Council Member Holmes, Mayor Aymon,
and Council Member Witte all voted aye and the motion carried.
McCall City Council Regular Meeting Page 6 of 9
September 28, 2017
PUBLIC COMMENT
Mayor Aymon called for public comment at 7:12 p.m.
Ken Krahn, 907 Strawberry Lane, was upset and did not feel the Council did their homework, and he
demanded they stand up against these types of businesses inside of residential areas.
Julia Thrower, attorney at Coast to Mountain Environment Law & Mediation, representing neighbors
on Flynn, Conifer and Strawberry Lanes stated the Conifer Lodge understands the law around this is
murky but believes this case does not fall under the non -conforming use. She spoke of the traffic
issues, and feels quiet times protects the neighborhood.
Mark Tapscott, 928 Strawberry Lane, feels the Council should get on board with making laws to
govern this type of business, and he highlighted Bozeman, Montana as an example. He also accused
the City of not following their own rules on the application.
James Graham, 201 W. Lake Street, President of the Idaho Hockey Foundation, spoke on the letter
of denial of LOT funds for travel costs for the hockey team and the need for financial support. Not
receiving the LOT funds has put the owner at a financial disadvantage and the future of the team is at
stake. Mayor Aymon explained the Council chose to fund repairs at the ice skating rink in place of
the travel costs. She also explained the primary uses the LOT funds are to counteract tourism impact
and there is only so many dollars to go around. Who the money is allotted to each year can change.
Hearing no comments, Mayor Aymon closed the comment period at 7:27 p.m.
BUSINESS AGENDA Continued
AB 17-207 Tree Committee Annual Accomplishment Report for FY17
Parks & Recreation Director Kurt Wolf and John Lillehaug, Tree Committee Chair, presented the
annual accomplish report for FY17. The Tree Committee is responsible for the location, selection,
and identification of any trees, which qualify as a landmark tree or stand, of identifying and
inventorying street trees, of reviewing development proposals that may affect landscaping and
provide comment to the Planning and Zoning Commission and City Council. Mr. Lillehaug shared
some of the highlights of the year including when the Lorax came to visit on Arbor Day, working
with school children on planting trees, and posting articles on tree care in the Star News. He also gave
a report on the insect infestations in the Douglas Firs and Ponderosa Pines.
AB 17-206 Parks and Recreation Advisory Committee Annual Accomplishment Report FY17
Parks & Recreation Director Kurt Wolf and Matt Linde, Parks and Recreation Advisory Committee
Member, were present for the committee's annual accomplishment report. The Parks and Recreation
Advisory Committee is established pursuant to Idaho Code 50-210 to advise and make
recommendations to the McCall City Council on matters pertaining to the operations, management
and programming of the McCall Parks and Recreation Department. The Committee consists of seven
voting members.
McCall City Council Regular Meeting Page 7 of 9
September 28, 2017
Mr. Linde stated the recreation programs were reduced as the goal was to produce quality over
quantity, and attendance was high in the youth tennis, basketball, youth & adult soccer, softball, and
mountain biking programs. A great highlight of the year were movie nights and the goal was to
continue them. Attendance numbers at the Mile High Swim were down so ideas are being pushed
around to promote better participation. He shared the success of Mountain Madness Softball, Senior
Softball Tournament, Bike Rodeo, McCall Ball, and July 4th Festival. He reported Rotary Park is
almost complete, Brown Park upgrade is in the design stage, River Front Park parking is complete,
Roberts Park boat ramps are complete, cleaning up the old dock and debris is at the beginning stages,
Golden Glove landscaping is in progress, noxious weed control is ongoing, and the Wooly Pathway
at Spring Mountain Boulevard are in. The Trips and Tours program has been very successful with the
senior community, the winter basketball league is being promoted, working towards increasing the
number of movie nights, and $5000 goal of gaining business sponsorships for the recreation programs
is underway.
Director Wolf stated that he and Tara have been asked to be presenters at the annual Idaho Recreation
and Park Association Conference in Moscow so they are working on the application. Mr. Linde spoke
of the goal of a store front for Parks & Recreation where they could sell items to raise funds, current
park repair items needs, and the concession stand set up. Staff answered the Council's questions about
different projects.
AB 17-219 Request Approval of the Lease Agreement with Michael Byrne for the Golf Course
Restaurant
Interim City Manager BessieJo Wagner presented the lease agreement with Michael Byrne for the
Golf Course restaurant. At the September 14th Council Meeting Council reviewed the draft lease
agreement with Michael Byrne for the Golf Course Restaurant. There was Council consensus to move
forward with a 9% lease rate with options of 2 five year renewals, the first at 10% and the second at
11%. Both the City Attorney and Mr. Byrne have reviewed for any final comments.
Staff and the Council went over the changes and made some minor adjustments and corrections for
the final copy. There were two substantive changes made, one was to Section Three, Restaurant
Operations, in reference to the minimum time the restaurant would be open during the winter months.
After some discussion it was determined that the restaurant should be open a minimum of 5 days a
week during the winter with a provision that with City Manager approval the restaurant could be open
less. The second substantive change was made Section Five, Rent, where it refers to Continuous
Operation and Hours of Business, the penalty for closing for more than the agreed upon times an
additional rent of $300 a day would be imposed.
Council Member Giles moved to approve the 5 year term Lease with Cougar Restaurant
Enterprises, Inc. for restaurant services at the McCall Golf Course with as amended and
authorize the Mayor to sign all necessary documents. Council Member Holmes seconded the
motion. In a roll call vote Council Member Giles, Council Member Holmes, Mayor Aymon, and
Council Member Witte all voted aye and the motion carried.
AB 17-209 Request to Designate an Agent of the City who is Authorized to Execute the
"Agreement to Mediate"; and Attend the Mediation with the Authority to Settle
the Case if Appropriate
McCall City Council Regular Meeting Page 8 of 9
September 28, 2017
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