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McCall City Council
Regular Meeting
January 27, 2000
(click here to see other minutes)

CALL TO ORDER AND ROLL CALL

Allan Muller called the regular meeting of the McCall City Council to order at 7:05pm. Ms. Arp, Mr. Colton, Mr. Muller, Mr. Eimers, and Mr. Venable answered roll call. A quorum was present. City staff members present were Attorney Dave Bieter, Acting City Manager/City Planner Lindley Kirkpatrick and Acting City Clerk Cathleen Koch. 

Mr. Eimers requested to add AB 00-03, CUP 00-1 for the “Yellow Garage” to the agenda. There was discussion about whether or not this item could be brought back for reconsideration. The agenda was amended to include CUP 00-1.

PUBLIC COMMENT

Mr. Muller called for public comment. Scott Findlay stated that Dan Krahn would be arriving soon and would like to address the Council. There were no other comments.

CONSENT AGENDA

There were corrections to the January 13, 2000 minutes.

Additional warrant register items and the audit engagement letter were added to the consent agenda. Ashley Royal discussed the budget for the audit and stated that he would like to prepare an RFP in April or May for the fiscal year 2000 audit. It was agreed that Mr. Royal could sign the audit engagement letter.

Mr. Eimers moved to approve the Consent Agenda as amended. Mr. Muller seconded the motion. All Council Members voted aye. The motion carried.

PUBLIC COMMENT

Mr. Muller reopened the public comment section.

Dan Krahn, McCall, stated that CUP 00-1 on Lake Street had been approved at the last meeting. He said that his family had received notice of a convenience store and gave examples of what he thought a convenience store would include, such as Bill’s Grocery, Ken’s Market and Chevron. He went on to say that the public does not perceive the use approved for the Yellow Garage as a convenience store. Mr. Krahn believes that a retail store was approved and that it was not noticed properly. He stated that he did not attend the public hearing because he was not informed of the true nature of the application. He explained that a convenience store is allowed in a residential area, but a cabinet shop is not allowed. He stated that he feels that he was misled. Mr. Krahn would like the Council to reconsider their decision and determine if the Yellow Garage meets the definition of a convenience store.

BUSINESS

AB 00-03 CUP-00-1 Susan McCumber & Linda Fraser, dba The Yellow Garage

Mr. Eimers stated that the Yellow Garage does not appear to be a convenience store. The public notice did not state what the owners were planning to sell, such as floor coverings and cabinets.

Mr. Bieter stated that if the Council is concerned about improper notice, then the CUP could be remanded back to Planning and Zoning. There was discussion about whether or not the applicant had already spent money in furtherance of the Council’s action. Mr. Bieter stated that if the applicant acted upon the approval within the 28-day appeal period, she did so at her own risk. He stated that any effected party would be able to appeal the Council’s decision.

Mr. Colton moved to remand CUP–00–1 back to the Planning and Zoning Commission based upon the fact that the public hearing was not properly noticed. Mr. Eimers seconded the motion. All Council Members voted aye. The motion carried. 

AB 99-124 ZON 99-2 – John Hanks Zoning Map Amendment for Medleys Sports

Mr. Kirkpatrick reviewed the application, explaining that City staff had been asked to work with the applicant on revisions to the Development Agreement. He stated that the revised agreement includes all of the things that the Council asked for except elevation drawings of the proposed building. The revised agreement states that prior to construction of any new building, elevations must be submitted and reviewed by Council. The applicant did not want to include elevations with the current agreement because they may not reflect the actual design of additional buildings that may or may not be constructed. There was discussion about the Council’s previous meeting, at which elevations were required to be included in the agreement.

Mr. Muller asked Steve Millemann, the applicant’s attorney, to address the Council’s concerns about the absence of elevations. Mr. Millemann stated that if an additional building is added, then the applicants must bring the elevations back to Council for their approval. 

In response to questions from the Council, Don Baldwin, Eagle, owner of Medleys, stated that most of the rental equipment was inside Medleys, but they were not renting any of it until they had approval from the Council. The only equipment outside is a snow removal tractor and snowmobile trailers. No other equipment was outside that had not previously been there. Mr. Baldwin also said that he did not want to provide elevations until he made the decision to build another building. He did not want to spend the money on drawings until that time.

There was discussion that the Council had been working with the presumption that Medleys was going to add another building. Mr. Millemann explained that the additional building appeared to be everyone’s concern so they chose to split the agreement into two parts.

John Hanks, McCall, stated that the business is cyclical and that last year at the same time, the outside of Medleys would have looked the same.

Mr. Eimers asked if there were any environmental problems. Mr. Millemann was not aware of any problems. Mr. Baldwin explained that they do not wash their equipment. 

Mr. Muller asked if Myron Gabbert wanted to address the spot zoning issue. Mr. Gabbert stated that the City should focus on the use of Medleys property, which is currently devoted to sporting goods and related rental equipment. He stated that because of the different use of property a brand new agreement is being presented. Mr. Bieter interjected and cautioned the Council against re-opening the public hearing. 

The Council discussed the appearance of the property and enforcement of the development agreement. Mr. Kirkpatrick stated that the police department would enforce code violations. The Council discussed the hours of operation and expressed a desire to limit them to between 7 am and 7 pm.

Mr. Colton moved to approve the development agreement with the exception that Medleys hours of operation be limited to between 7:00 am and 7:00 pm. Mr. Muller seconded the motion. On a roll call vote, Mr. Eimers, Mr. Muller and Mr. Colton voted aye. Mr. Venable and Ms. Arp voted nay. The motion carried.

AB 00-04 J-Ditch Project Update

Paul Levihn reviewed the status of the project. He stated that on January 21st JUB delivered the soils report, the information missing from the December 30, 1999 submittal. DEQ responded to the December 30th submittal with an extensive list of questions, which Mr. Levihn felt that JUB was doing a good job of answering.

Mr. Findlay asked why the Bezates lawsuit had not yet been settled. He was also concerned that the purchase price of the Seubert site would increase if the City did not reach an agreement soon.

 Mr. Bieter said that the Bezates agreement should not be finalized until the City had technical approval for the Seubert site. He stated that a contingent agreement with Mr. Bezates is possible, but that he doesn’t recommend it and the Council has previously said that it would not be acceptable. Mr. Kirkpatrick agreed that the City should have some assurance that the Seubert site is buildable before finalizing the settlement with Mr. Bezates. The Council again expressed their firm desire to settle with Mr. Bezates and close the purchase with Mr. Seubert.

Mr. Colton stated that Mr. Bezates would like to settle the lawsuit no later than February 15th. He stated that Mr. Seubert would like to close on the purchase of his property by February 10th, and that he intends to add $1,000 per day to the sale price for every day after February 10th. Mr. Levihn stated that he hopes to have a response from the regulatory agencies to JUB’s design by February 3rd, although it may be up to two weeks later than that. 

The Council asked Mr. Kirkpatrick to draft a letter to the Governor and the Director of the Department of Water Resources to explain the situation and try to get technical feasibility as soon as possible.

AB 99-140 Snow Removal Ordinance

Mr. Bieter briefly presented the amended Ordinance. The Council discussed the importance of keeping the traveled-way clear. Mr. Bieter confirmed that the Ordinance addresses that issue.

Mr. Colton expressed his concern that this Ordinance will be impossible to enforce.

Ms. Arp moved to suspend the rules and read by title only Ordinance 737, as amended. Mr. Muller seconded the motion. All Council Members voted aye. The motion carried.

Mr. Bieter read by title only Ordinance 737, as amended.

Ms. Arp moved to approve Ordinance 737, as amended. Mr. Muller seconded the motion. There were 4 “ayes” and 1 “nay”. The motion carried.

AB 00-08 Certified Water and Wastewater Operators

City Council and Mr. Kirkpatrick congratulated John Lewinski, Conley Kindall, and Donnie Fain for their advanced certifications. Council asked that a letter of commendation be sent to each employee.

AB 00-09 High School Baseball/Softball Teams

Bob Peckham reviewed the status of the high school baseball team. He stated that he is working on an MOU with the school district and parents for the baseball team. Over $3,500 has been raised for the program and they are working on uniforms for the team. The parents committee will do ninety-eight percent of the work. The City Recreation department is only paying $3,000 for transportation, as budgeted.

Mr. Muller expressed concern about setting a precedent that the City would support all kinds of sports. Mr. Peckham assured the Council that this would not happen. He stated that the City already has a summer baseball program in place and that this program will complement it.

There were questions about how the bills for the program would get paid and enough funds being raised to support the program. Max Williamson, School Board Fiscal Officer, explained that the bills would get paid through the school. He also stated that whoever incurs the bills would be responsible.

Mr. Bieter stated that he preferred a formal agreement to an MOU.

AB 99-143 Lakeport Corporation LID #4 Segregation of Assessments Ordinance

Ms. Arp moved to suspend the rules and read by title only and one time only. Mr. Colton seconded the motion. All Council Members voted aye. The motion carried.

Mr. Bieter read Ordinance 738 by title only, one time only.

Ms. Arp moved to adopt Ordinance 738. Mr. Colton seconded the motion. All Council Members voted aye. The motion carried.

AB 00-05 Water Treatment Plant Citizens Advisory Committee

Mr. Kirkpatrick reported that a previously approved $250,000 EPA Special Appropriations grant can be used to fund anything related to the Water Treatment Plant project. He suggested that Mr. Orton fill a project manager role. An RFP, EPA funding proposal and, a contract for Mr. Orton’s engineering services will be prepared for the next meeting. Toothman-Orton is not interested in designing or building the facility for the City so they will be unbiased.

AB 00-10 City Engineer Expectations

The Council discussed hiring a staff engineer as opposed to a consulting engineering firm. No conclusion was reached. The Council determined that the selection committee would consist of Mr. Kirkpatrick, Mr. Keating, Ms. Arp and Mr. Eimers, with input from the Building Inspector, the Airport Manager and the Golf Course Superintendent.

AB 00-11 City Manager Search Committee and Selection Process

The Council discussed the rating sheets used to evaluate the candidates. All Council members will give Ms. Blake their comments and suggestions prior to the next meeting.

REPORTS

City Attorney – Dave Bieter

Reviewed a Supreme Court case regarding the reconsideration of Planning and Zoning decisions.

Explained that something like Robert’s Rules of Order would need to be adopted to make it possible to have the authority to reconsider decisions. Council did not want the authority to reconsider decisions.

Acting City Manager & City Planner – Lindley Kirkpatrick

An open house is scheduled for the Comprehensive Plan on February 23, 2000 between 4:30 pm and 8:30 pm.

Planning and Zoning members are still needed.

City Councilor – Ray Venable

Mr. Venable had no comments.

City Councilor – Marilyn Arp

Asked if there were signs around the lake warning of thin ice. There are signs around the marina that say no walking on the ice.

City Councilor – Kirk Eimers

Mr. Eimers had no comments.

City Councilor – Ralph Colton

Has received a copy of the agreements for Bezates and Seubert and hopes to act on them soon.

City Councilor – Mayor Allan Muller

Mayor Muller had no comments.

EXECUTIVE SESSION

At 11:55 pm Mr. Muller moved to go into executive session per Idaho Code 67-2345(f) to consider pending litigation. Mr. Eimers seconded the motion. At a roll call vote Mr. Muller, Mr. Eimers, Mr. Colton, Ms. Arp and Mr. Venable voted aye. The motion carried. 

At 12:10 am Mr. Colton moved to come out of executive session. Mr. Muller seconded the motion. At a roll call vote Mr. Muller, Mr. Eimers, Mr. Colton, Ms. Arp and Mr. Venable voted aye. The motion carried.

The discussion concerned pending litigation involving J-Ditch Phase II.

Mr. Colton moved to approve an employment-related agreement as presented by Mr. Bieter. Mr. Muller seconded the motion. All Council Members voted aye. The motion carried.

ADJOURNMENT

Without further business, Mr. Eimers moved to adjourn. Mr. Muller seconded the motion. All Council Members voted aye. The motion carried. The Council adjourned at 12:11 am.