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HomeMy Public PortalAbout2019.12.19 Regular Council Minutes MINUTES McCall City Council Regular Meeting McCall City Hall -- Legion Hall December 19, 2019 Call to Order and Roll Call Pledge of Allegiance Approve the Agenda Consent Agenda Public Comment Reports Public Hearing Business Agenda Executive Session Return to Open Session 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, Council Member Nielsen, and Council Member Sowers all answered roll call. City staff members present were Anette Spickard, City Manager; Bill Punkoney, City Attorney; BessieJo Wagner, City Clerk; Erin Greaves, Communications Manager; Linda Stokes, City Treasurer; Michelle Groenevelt, Community Development Director; Morgan Bessaw, City Planner; Rick Stein, Airport Manager, Traci Malvich, Human Resources Manager; Nathan Stewart, Public Works Director; Tara Woods, Recreation Supervisor Also, in attendance were Julia Thrower, Environmental Advisory Committee; Amy Pemberton, Millemann Pemberton & Holm LLP; Scott Acker, Secesh Engineering; Jud DeBoer, River Ranch Subdivision Owner Mayor Aymon led the audience in the Pledge of Allegiance. APPROVE THE AGENDA Council Member Holmes moved to approve the agenda as submitted. Council Member Sowers seconded the motion. In a roll call vote, Council Member Holmes, Council Member Sowers, Mayor Aymon, Council Member Giles, and Council Member Nielsen all voted aye and the motion carried. MCCALL CITY COUNCIL Page 1 of 18 December 19, 2019 Regular Meeting CONSENT AGENDA Staff recommended approval of the following ACTION ITEMS. All matters which are listed within the consent section of the agenda have been distributed to each member of the McCall City Council for reading and study. Items listed are considered routine by the Council and were enacted with one motion. 1. City Council Regular Minutes – October 24, 2019 2. City Council Special Minutes - November 22, 2019 3. Payroll Report for period ending November 29, 2019 4. Clerk License Report 5. Warrant Register – GL 6. Warrant Register – Vendor 7. AB 19-279 Request to accept the Treasurer’s Report as Required by IC 50-208: Treasurer’s report of accounts and activity of office during the month of November 2019 regarding care, management or disposition of moneys, property or business of the City. Action: The Council shall examine the report and determine whether additional information from the Treasurer is required. 8. AB 19-278 Request for Approval of the FY19 Eidebailly Audit Engagement Letter: The audit engagement letter states the terms under which the audit will be conducted by Eidebailly, management’s responsibilities, states the fees and timing of the audit, the significant findings Eidebailly will communicate to the Members of the City Council, as well as dispute resolution, limitation of damages, time limitation, indemnity, and assignments prohibited. Action: Approve the engagement letter from Eidebailly for the FY19 Audit and authorize the Mayor to sign all necessary documents. Council Member Nielsen moved to approve the Consent Agenda as amended to move AB 19- 285 and AB 19-286 to the Business Agenda. Council Member Sowers seconded the motion. In a roll call vote Council Member Nielsen, Council Member Sowers, Mayor Aymon, Council Member Giles, and Council Member Holmes all voted aye and the motion carried. PUBLIC COMMENT Mayor Aymon called for public comment at 5:33 p.m. Phillip Pack of 1101 Knowles Road gave a back story of Knowles Road stating the road was never meant to be a dead end so there is no room for emergency vehicles to turn around. When purchasing the property there was nothing in the paperwork that showed the property was constructed in the right of way. In December 2018, he was made aware of the encroachment and in February 2019, he had received a letter from the City for mediation of the issue. In May, he met with the City Planner and City Engineer to discuss creating space for a turn around but has not heard back. He has never had any neighbors contact him about issues and the property is managed by Done Right Management. MCCALL CITY COUNCIL Page 2 of 18 December 19, 2019 Regular Meeting Joseph Hill of 1101 Knowles Road, part owner, shared that the previous owners had constructed the home in the right of way which was not disclosed during purchase nor enclosed in the title report. He has found this to be disturbing and wanted to know how the construction was approved. He has been in contact with the City who has presented three options on how to deal with the issue, of which, none are financially viable for him. He suggested a fourth option of grandfathering the property and spoke with the City Attorney about this option but has not heard back from him. In response the neighbors’ accusations, he felt the comments were exaggerated and some out right false. He receives the bulk of the calls on this property and none of the neighbors has contacted him about any issues. He is willing to go through each item case by case to resolve the issues. Melissa Coriell of 1109 Buckboard Way requested the City Council write a letter to the Forest Service to ask for the public comment period for the Stibnite gold mine operations staff Environmental Impact Statement be extended an additional 75 days to a total comment period of 120 days. She went on to explain there has been a large amendment submitted by Midas Gold and she feels a 2 ½ month extension would not be that detrimental to the process. Other large projects have received extensions when the communities asked, and she wanted the support of the Council for this request. Hearing no comments, Mayor Aymon closed the comment period at 5:46 p.m. REPORTS AB 19-272 Environmental Advisory Committee Annual Report Julia Thrower, Chair of the Environmental Advisory Committee, present the Committee’s annual report. The mission of the Environmental Advisory Committee (EAC) to the City of McCall is to identify and promote a unifying policy of objectives for environmental stewardship and sustainability across all city departments and for the ultimate benefit of the community. The Committee shall consist of five (5) voting members appointed by the City Council. The term of office for each appointive member shall be three (3) years. Each member may serve no more than 2 consecutive terms. After a summer break where the EAC was asked to think about future projects or issues they might want to address, they discovered they had trouble formulating future projects of the EAC. She explained the committee felt that since it is not associated with any one department there was a lack of direction and they felt unsupported. She shared some items the EAC had worked on, such as an air quality report and the Green Business program, where the item presented went nowhere or the committee was left to do all the promotion on their own. Even finding the application is difficult to find on the City website. She feels if this is a City program, there needs to be more support from the City to make it more viable and attractive to people who might want to join. She shared frustration with the lack of response to the recycling report that was presented to the Council. She asked for assistance in bringing about better engagement with the staff and the Council so they feel more supported and shared some ideas on how the City could do that. She touched on a variety of different issues that were possible items the committee could address for the betterment of the community and pointed out the McCall Comprehensive Plan has sustainability goals that the EAC could partner with the City to assist in accomplishing. MCCALL CITY COUNCIL Page 3 of 18 December 19, 2019 Regular Meeting For the upcoming year, the committee will continue with the programs they have done previously such as Arbor Day and Earth Day celebrations. The EAC would like to schedule a meeting with the Council to learn what each Council Member feels is important to help them formulate some plans and invited the Council to attend their monthly meetings. Mayor Aymon requested that Julia Thrower attend the Retreat to address the issues of the EAC. City Manager Anette Spickard stated there could possibly be a 30-minute session arranged during the Retreat to fit in a session with the EAC. She also explained that at the establishment of this committee there was a very specific action plan in the bylaws for the committee to follow and most of those items have been completed which makes it understandable why the committee is asking about what is next. She had suggested to Ms. Thrower to look at the McCall Comprehensive Plan for goals and priorities for the environment that the Council has already adopted to help formulate some additional tasks for the EAC. She suggested a separate work session rather than trying to squeeze into the Retreat. Council Member Nielsen pointed out there is an item tonight about Greenhouse Gases and it was suggested a few meetings back the EAC be assigned that task. He liked the idea of a separate work session. Mayor Aymon thought it would be a good fit to participate in the Climate Change Strategy. Staff was asked to schedule a work session so there would be adequate time to discuss. PUBLIC HEARING AB 19-277 Request for Approval of Planned Unit Development General Plan (PUD-19-04), Subdivision Preliminary Plat (SUB-19-06), and Associated Development Agreement Amendment for River Ranch Phase 2 & 3 Mayor Aymon opened the public hearing for the request for approval of Planned Unit Development General Plan (PUD-19-04), Subdivision Preliminary Plat (SUB-19-06), and Associated Development Agreement Amendment for River Ranch Phase 2 & 3 at 6:00 p.m. City Planner Morgan Bessaw presented. McCall River Ranch Company is proposing an application for preliminary plat and PUD general plan for Phases 2 and 3 of River Ranch Subdivision as well as an amendment to the existing River Ranch Development Agreement. Phases 2 and 3 are located south of the currently platted portions of River Ranch Subdivision. Both Phase 2 and Phase 3 were previously approved for preliminary plat in 2001 and then again in 2004. Those approvals have expired. The new application is for 126.67 acres divided into 27 lots in Phase 2, and 48.38 acres divided into 7 lots and two large open space parcels in Phase 3. During its regularly scheduled November 5, 2019 meeting, the McCall Area Planning and Zoning Commission held a properly noticed public hearing and recommended the Planned Unit Development General Plan, Subdivision Preliminary Plat, and associated development agreement amendment to City Council for approval. Ten letters of comment submitted to the original plan that were opposed to the preliminary plat. There some revision to the preliminary plat and five more letters were received opposed to the project. Jud DeBoer, owner/applicant, gave a brief history of the project and shared what improvements have happened. Scott Acker of Secesh Engineering gave an overview of the utility services for each phase, gave an update on the wetland status and erosion plan for parcels next to the river, and answered questions. MCCALL CITY COUNCIL Page 4 of 18 December 19, 2019 Regular Meeting Amy Pemberton, attorney representing the owners, gave a more detailed presentation of the project. She clarified for Council Member Giles that all parcels are on septic and have City water. She went over some variations of code that were requested and gave a rundown of the proposed changes to the development agreement. She answered questions about the smaller structures on the smaller lots, local housing (not considered in this phase), public access (no official access currently so will not change), private gates at entrances (has been promoted that way and walkers and bikers will still have access), and clarified walking entrances and pathways. The Pathway Master Plan does not show a path on this property so a public pathway cannot be required in the Conditions of Approval. The Master Plan would need to be revised to include this area. City Planner Bessaw went through the Conditions of Approval as listed below: Conditions of Approval: 1. The PUD and SUB applications shall be contingent of City Council approval of both application and the associated amendment to the development agreement. 2. Prior to any disturbance of wetland areas within the proposed project area, copies of U.S. Army Corps of Engineer 404 Permit shall be provided to the City. 3. Prior to any site work or disturbance, the applicant shall submit and receive approval for final civil plans by the City of McCall Engineer. 4. The applicant shall adhere to all Engineering requirements: a. Before water service can be provided to either of the new phases, developer shall rehabilitate/repair/restore the PRV station(s) to the City’s satisfaction and shall maintain uninterrupted electrical service to both of the stations. b. The developer shall construct a water main to City standards and requirements along the loop road within the proposed Phase 2 portion at developer’s expense. The main shall be sized and looped appropriately based on fire flow water modeling. c. A looped section of water main may be required to connect from the cul-de-sac back into Rawhide Loop Road, depending upon Fire Department and/or water demand/fire flow modeling requirements. d. Developer shall dedicate a minimum 20’ wide easement for the water main and related appurtenances in areas outside of street, and/or dedicated utility Right-of-Way. All water related facilities, including fire hydrants shall be located in utility Right-of-Way, or an easement. e. Fire hydrants shall be kept clear of snow and other obstructions (fences, landscape, trees, etc.) at all times. f. f. Individual Stormwater Reports shall be required for construction on each parcel that is adjacent to the river in order to demonstrate compliance with the City’s Drainage Management Guidelines. g. The City may at its discretion require that geotechnical investigation(s) be performed by a licensed and qualified professional Geotechnical Engineer in order to demonstrate that soils on Lots 15-20 of Phase 2, and all of Phase 3 are adequate to support proposed improvements and that the slopes will not be adversely impacted by such improvements or post-development runoff. h. The Owner’s Association shall be the responsible party to monitor slope stability of the river bluffs. Any instability or required mechanical stabilization of any portion of the MCCALL CITY COUNCIL Page 5 of 18 December 19, 2019 Regular Meeting slopes shall be immediately reported to the City before any work may be performed. The City may, at its discretion, require the Owner’s Association and/or property owner to obtain professional engineering services as it may deem necessary prior to any stabilization efforts. i. The developer and/or Owner’s Association shall be responsible to take every reasonable effort to prevent erosion and sedimentation from occurring from the project and into the riverbed. j. Any improvements within 150 ft. of the shoreline shall require submittal of a Shoreline and River Environs Zone application to the City for approval per MCC 3.7.02. k. Improvements within the 75’ riparian easement shall be limited to within 15’ of the building envelope and shall be approved by the City of McCall. i. Any such improvements shall be designed to drain away from the slope. ii. No construction of any kind shall be allowed within the 15’ buffer strip between the proposed building envelope and the top of the slope of Lot 65, including stormwater-related facilities without City engineering approval. iii. No construction of any kind shall be allowed within the 75’ buffer strip between the proposed building envelope and the top of the slope of Lots 59, and 63 through 64, including stormwater-related facilities without City engineering approval. l. All landscaping within the 75’ riparian easement shall be approved by the City Arborist. Any such landscaping shall be limited to native species that are appropriate to the setting and shall be hand-watered. No pipe or tubing irrigation (sprinklers or drip systems) shall be allowed within the riparian easement. 5. Prior to execution and recordation of either the Phase 3 or Phase 2 Final Plats: a. All proposed building envelopes shall be approved by the City and included on the final plat. b. A 404 Permit for River Bank Stabilization and driveway impacts to wetlands shall be obtained. c. The applicant shall construct all public improvements as detailed in Section 9.1 of the amended development agreement and shall obtain final approval of these aspects from the City of McCall. Alternatively, the applicant shall provide financial assurances for any deferred improvements in accordance with MCC 9.6.067. d. All easements, including a 75 ft. riparian easement to the City of McCall, the shared driveway easement for lots 63 and 64, the 15 ft. river bank maintenance access easement, and the snow removal, utility, and drainage easements along all private road frontages, shall be indicated on the final plat and shall be formally documented with signed declarations and recorded with the plat. e. The applicant shall provide a maintenance reserve funding plan schedule for the private road for review and approval by the City Engineer. 6. Prior to recording the final plat for River Ranch Phase 2, River Ranch will complete the following: a. finalize the location of the pathway from Mission Street to Moonridge, in a location that is separated from the existing east-west dirt road, and separated from Rawhide Loop to the extent reasonably feasible. A strong connection between the existing MCCALL CITY COUNCIL Page 6 of 18 December 19, 2019 Regular Meeting paved pathway on Mission to the new gravel improvements crossing River Ranch to Moonridge will be made based on existing Parks & Rec guidelines; and, b. update the legal description of the pathway in the Pathway and Utility Easement, which easement shall be 15’ in width; and, c. improve the pathway, which shall be at least 8’ in width, to a gravel surface from Mission Street to Moonridge; provided, that the portion of the pathway located within the old railroad grade is already existing and graveled, and will not require additional work from the applicant. d. More appropriate signage will be installed that will designate the public pathway route, such signage to be approved by the Parks & Rec Director prior to installation. 7. In the event a security gate is installed at either entrance to the subdivision, the applicant shall install an SOS siren activator to provide a means of emergency access per 2015 International Fire Code 503.6. 8. Prior to issuance of a building permit for any parcel, the applicant shall receive approval from Central District Health Department (see agency comments above). 9. Prior to issuance of a building permit for Lots 63-65, engineered slope stabilization will be required. Such engineered solutions shall be provided by a licensed and qualified professional engineer with experience in such remediation and stabilization work. Engineered plans and construction shall require City review and approval prior to implementation. 10. Prior to issuance of a Certificate of Occupancy, building numbers in accordance with McCall Addressing Guidelines shall be installed. 11. The applicant shall apply for their Phase 3 PUD Final Plan and Subdivision Final Plat on or before April 30, 2025. The Phase 3 Final Plat shall be recorded prior to the Phase 2 Final Plat to ensure that the open space and density requirements are met. 12. The applicant shall apply for all or a portion of their Phase 2 PUD Final Plan and Subdivision Final Plat on or before April 30, 2030. 13. A full set of as built (record) drawings of all improvements intended for public use and maintenance, including, but not limited to, water and sewer lines, and including also private and public streets, shall be furnished to the city for the permanent records of the city within sixty (60) days of completion of the construction. Public Comments John Fisher of 126 River Ranch Road shared he is the first resident of the development and is available for anyone who has questions. Council Member Sowers wanted to know the significance of the Payette River Greenway map which he had pulled up on his computer and the 300-foot mark indicated on it. City Planner Bessaw thought the Payette River Greenway was an old reference as the City does not have anything titled as such. She believes it to be an old map of what is now the Shoreline and River Environ-Zone map showing 300 feet overlay which is 150 feet on either side of the high-water mark of the river. What this means is any development in that area will be required to go to Planning and Zoning Commission for review. Staff explained existing setbacks for platted lots is 50 feet and newly platted lots is 75 feet. And the overlay is intended for erosion and water quality, and the greenway is 25 feet for public access. Erosion of the other side is assessed by the Army Corp and the engineer. Anything below the highwater mark is accessible to the public. MCCALL CITY COUNCIL Page 7 of 18 December 19, 2019 Regular Meeting Receiving no more comments, Mayor Aymon closed the public hearing at 6:49 p.m. The Council deliberated. Council Member Sowers thought it looked like they are doing what needs to be done. Council Member Giles was only concerned with septic tank use and not connecting to the sewer. Staff clarified this was an old agreement put into place when the code only required sewer connection if within a certain number of feet, so it is unusual to have a subdivision on septic. The way the laws are written that once a parcel is platted, what is in a final plat does not go away. Mr. DeBoer gave a brief back history on why the parcels are on septic and not sewer. Council Member Holmes stated there are still many conditions to be accomplished but is convinced they will meet the conditions. Council Member Nielsen is concerned with having a gated community as it does not feel friendly to the community and likes having public access, and disappointed in the lack of workforce housing. He really wants to see homes for people who work here but outside of those concerns, he feels they have worked well with their neighbors. Mr. DeBoer stated the roads are privately owned and the gates help protect the roads. Council Member Holmes moved to approve the Findings of Fact, Conclusions of Law, Decision documents for PUD-19-04, SUB-19-06, the associated Amendment to the Development Agreement for River Ranch Phase 2 & 3, and authorize the Mayor to sign all necessary documents. Council Member Sowers seconded the motion. In a roll call vote Council Member Holmes, Council Member Sowers, Mayor Aymon, and Council Member Giles all voted aye, and Council Member Nielsen commented as much as he hopes to see goodwill for public access/usage he does not feel there is any insurance of the neighborhood being a natural part of the City and thus voted no, and the motion carried. AB 19-274 Request to Adopt an Ordinance Updating McCall City Code Title 3 to include provisions for Interior and Exterior Airport Zones – CA-18-05 Mayor Aymon opened the public hearing for an Ordinance updating McCall City Code Title 3 to include provisions for Interior and Exterior Airport Zones – CA-18-05 at 6:59 p.m. Community and Economic Development Director Michelle Groenevelt presented the code update. An amendment to McCall City Code Title 3 Chapter 6 Civic, Airport and Agriculture/Forest Zones was presented to the Planning and Zoning Commission in a Work Session in November 2018. This original draft was endorsed by the McCall Airport Advisory Committee and the Airport Manager based on review and comments by the airport’s engineers. The draft was revised by city code consultant, Kushlan Associates in consultation with the Airport Manager and presented in a second workshop with the Commission in June 2019. Since the June Workshop, the consultant and staff has further revised Chapter 6, as well as drafted a new section to Chapter 7 Special Districts, titled “McCall Municipal Airport Influence Overlay Zones”. In addition, provisions for new land use compatibility overlay zones, as suggested in the ITD and FAA guidelines have been drafted. Additions and edits are also being proposed for Chapter 2 DEFINITONS. During their regularly scheduled November 5, 2019 meeting, the McCall Area Planning and Zoning Commission held a properly noticed public hearing and unanimously recommended the application for approval. The Council reviewed the proposed code amendment th at their December 5 Regular meeting. A memo, map and the proposed ordinance changes will have an effective date of January 1, 2020. MCCALL CITY COUNCIL Page 8 of 18 December 19, 2019 Regular Meeting Council Member Holmes had questions about mobile housing use language in the hangars. Staff explained living in an airport hangar is not allowed by law and the changes specified here was to clean up the ordinance language and definitions to be cohesive with language in other code updates. Public Comments: Amy Pemberton, attorney, had some concerns regarding some zoning applicable to the River Ranch Subdivision. Staff stated those parts had been removed. Jud DeBoer, River Ranch Subdivision owner, gave the Council a handout for some information on opportunities for airport. Mayor Aymon closed the public hearing at 7:07 p.m. Before a motion for McCall City Code Title 3 for Interior and Exterior Airport Zones – CA-18-05 can be made, AB 19-275 Request to Adopt Amended Ordinance 983 Updating McCall City Code Title 3 to Include Provisions for Local Housing & Short-Term Rentals – CA-19-01 must be approved. This item will resume after the next item. BUSINESS AGENDA AB 19-275 Request to Adopt Amended Ordinance 983 Updating McCall City Code Title 3 to Include Provisions for Local Housing & Short-Term Rentals – CA-19-01 Community and Economic Development Director Michelle Groenevelt presented the Ordinance 983 updating McCall City Code Title 3 to include provisions for Local Housing & Short-Term Rentals – CA-19-01. On June 27, a joint work session was held with the McCall Area Planning and Zoning Commission and the McCall City Council to learn, discuss, and provide direction on potential updates to the City and County Code to encourage more local housing in the jurisdiction (City limits and McCall Impact Area.) The draft code amendments were presented to the McCall Area Planning and Zoning Commission at the October 1,2019 meeting. After review of the code changes and discussion, they unanimously recommended approval to the City Council and County Commissioners with some changes to the short-term rental section. Staff and consultant worked with the City Attorney to finalize the code language based on draft code language presented on November 7and December 5 with feedback from the City Council. The proposed ordinance will have an effective date of January 1, 2020. Council Member Nielsen and Council Member Holmes requested some clarifications of multi- dwelling units. Staff stated those are limited by square footage if used for short-term rentals, duplexes or accessory units can only be a short-term rental on one side and explained the difference between town homes and duplexes. Council Member Nielsen wanted to know if the language regarding trash service applies to all short-term rentals and staff clarified the attorney had summarized the requirement in one place that is applicable to all short-term rentals. There was some additional discussion about trash service requirements and on the language flow of the ordinance. MCCALL CITY COUNCIL Page 9 of 18 December 19, 2019 Regular Meeting Council Member Holmes moved to suspend the rules and Read by title only, one-time only Ordinance 983. Council Member Nielsen seconded the motion. In a roll call vote Council Member Holmes, Council Member Nielsen, Mayor Aymon, Council Member Giles, and Council Member Sowers all voted aye and the motion carried. City Clerk BessieJo Wagner read Ordinance 983: An ordinance of the City of McCall, Valley County, Idaho, amending, enacting, or deleting the following sections of Title 3, Planning and Zoning, of the McCall City Code, to-wit: Section 3.2.02, Meanings of Terms or Words, to modify the definitions for Accessory Use, Building, or Structure, Dwelling Unit, Accessory, and Dwelling, Multi-Family, to add definitions for Bedroom, Dwelling Unit, Local Housing, Dwelling Unit, Seasonal, Owner Occupancy, McCall Area and Short-Term Rental, and to delete definitions for Community Housing Unit, Duplex, and Dwelling, Two Family; Section 3.3.02, Residential Use Regulations, to modify the allowed use for Accessory 4 Structure, <1,500 square feet, to add allowed uses for Dwelling Unit, Local Housing and Dwelling, Short Term Rental, Occupancy Less Than 20 Persons, and to delete the allowed uses for Accessory Structure >1,500 square feet and Dwelling, Two Family, and add Footnote 4, a reference to Section 3.8.11; Section 3.4.02, Commercial Use Regulations, to change the title of the Section to Permitted and Conditionally Permitted Uses Within Commercial Zones, to add the allowed uses for Dwelling Unit, Local Housing and Dwelling Unit, Seasonal Housing, and to delete Item 2 under notes and renumber the remaining items under notes accordingly; Section 3.4.04, Commercial Zone Special Development Standards, Subparagraph (D), Uses, to modify Subparagraph (D), Uses, to allow Single Family, Multi-Family, and Local Housing as part of a Mixed-Use Development, including Commercial and or Public Uses and to provide the conditions therefor by modifying Item 1 for Multi-Story Structures, by modifying Item 2 for Developments with Commercial and/or Public Use, by deleting Item 3, and by modifying Item 4 to renumber it Item 3 and including a requirement for equivalent square footage in a CC Zone; Section 3.6.02, Public Zone Use Regulations, to change the title of the Section to Permitted and Conditionally Permitted Uses within Public Zones, to add the allowed use for Dwelling, Local Housing; Section 3.7.032, Requirements for Development, Subparagraph (C), Structure Height, to except certain structures from Subparagraph (C), Structure Height; Section 3.8.11, Accessory Use, Buildings and Structures, to delete Subparagraph (A), to modify Subparagraph (B) by relettering it Subparagraph (A) to substitute approval by an administrator in place of a commission, to delete Subparagraph (C), and to add a new Subparagraph to be lettered (B) to Limit the Size of an Accessory Structure; Enacting Section 3.8.11.01, entitled Accessory Dwelling Units, permitting accessory dwelling units and establishing the number, location, density, basic requirements for habitation, health and safety code requirements, size, parking, request for waivers of monthly water services fees, and rental requirements; Enacting Section 3.8.21, entitled Local Housing Density Bonus Program, setting forth the purpose, applicability, general provisions, and calculation of the density bonus; Enacting Section 3.8.22, entitled Seasonal Dwelling Units, permitting seasonal dwelling units for use by employees of businesses or institutions within the McCall Area and establishing the conditions therefor; Section 3.10.01, Purpose, to add a Subparagraph (E) promoting local housing and a variety of housing types in quality development; Section 3.10.024, Density Bonus, to modify Subparagraph (C) to delete the maximum increase in density and substitute compliance with Section 3.08.21; Deleting Section 3.13.036, Rental of Accessory Dwelling Units, in its entirety; MCCALL CITY COUNCIL Page 10 of 18 December 19, 2019 Regular Meeting Enacting New Section 3.13.036, entitled Additional Conditional Use Permit Standards for Dwelling, Short-Term Rental with Occupancy of 20 or More Guests, setting forth the standards for compliance, use, neighborhood impact and application requirements; Enacting Section 3.13.09, Permit Standards for Dwelling, Short-Term Rentals, providing for the permitting of dwelling and short-term rentals; Section 3.15.02, Preliminary Development Plan Review, Subparagraph (B), Neighborhood Meetings, to modify Subparagraph (B), Neighborhood Meetings, to provide for the submission of an application instead of a plan and to establish timing, notification, and summary of the meeting requirements; and Section 9.4.06, Permits and Inspection, to modify Subparagraph (B), Temporary Use Permits, by deleting Paragraph 1, Fees, Restrictions, and Renumbering Paragraph 2, Emergency Permits, as Paragraph 1 and providing an effective date. Council Member Nielsen moved to adopt amended Ordinance No 983, Updating McCall City Code Title 3 to include provisions for Local Housing & Short-Term Rentals, approve the publication of the summary, and authorize the Mayor to sign all necessary documents. Council Member Giles seconded the motion. In a roll call vote Council Member Nielsen, Council Member Giles, Mayor Aymon, Council Member Holmes, and Council Member Sowers all voted aye and the motion carried. AB 19-274 Request to Adopt an Ordinance Updating McCall City Code Title 3 to include provisions for Interior and Exterior Airport Zones – CA-18-05 continued Council made the following motions. Council Member Holmes moved to suspend the rules and Read by title only, one-time only Ordinance 984. Council Member Nielsen seconded the motion. In a roll call vote Council Member Holmes, Council Member Nielsen, Mayor Aymon, Council Member Giles, and Council Member Sowers all voted aye and the motion carried. City Clerk BessieJo Wagner read Ordinance 984: An Ordinance of the City of McCall, Valley County, Idaho, amending Title 3, Planning and Zoning, of the McCall City Code, to-wit: In Chapter 6, Civic, Airport and Agricultural/Forest Zones, changing the title of the chapter to Public Zones; In Section 3.6.01, Purpose, clarifying Subsection (C), Airport (Ap) Zone to more clearly state the objectives of the adopted Airport Master Plan; In Section 3.6.02, Public Zones Use Regulations, re-ordering and clarifying Subsections (A) – (C) regarding permitted and conditionally permitted uses and making substantive changes to Table 3.6.02 as follows: Adding Aeronautical as a new use identified to be permitted in the AP Zone; eliminating Dwelling, Care-Taker for an Approved Use as an allowed use through a Conditional Use Permit in the AP Zone; Adding Dwelling Unit, Local Housing as a permitted use in the CV Zone; Permitting Park, Public as a use in the AP Zone; Section 3.6.03, Public Zones General Development Standards, removing the word “general” from the section title, re-ordering, clarifying and eliminating extraneous information, adding new sections (B) through (H) which reference Special Site Design and Fencing Requirements of the FAA and making substantive changes to Table 3.6.03 as follows: Adding the APP Zone and different requirements from the AP Zone, identifying minimum property size as not applicable in the AP and APP Zones, adding Minimum Lease Size as a new standard for the AP and APP Zones, deleting minimum Street Frontage from AP and adding Minimum Street Frontage for APP at 75’, deleting Minimum MCCALL CITY COUNCIL Page 11 of 18 December 19, 2019 Regular Meeting Setbacks for AP and APP, changing Maximum Site Coverage for the AP at 100%, adding standard of 10’ to distance between structures for AP and APP zones, adding landscape buffer as 20’ in APP zone, and relocating Note 4 to the new section (C); deleting sections 3.6.031, Approvals, 3.6.04, Airport Zoning, 3.6.041, Purpose, 3.6.042, Short Title, 3.6.043, Definitions, 3.6.044, Airport Zones, 3.6.045, Airport Zone Height Limitations, 3.6.046, Use Restrictions, 3.6.047, Airport Nonconforming Uses, 3.6.048, Permits, 3.6.049, Enforcement, 3.6.0410, Appeals, Decisions of Commission, 3.6.0411, Conflicting Regulations, 3.6.0412, Appeals, Decisions of Airport Manager, 3.6.0413, Judicial Review: In Chapter 7, Special Districts, enacting Sections 3.7.05, McCall Municipal Airport Influence Overlay Zones, 3.7.050, Purpose, and 3.7.051, Airport Operation Protection Zones, to create a new special district, defining its purpose and distinguishing it from other zones: and in Chapter 2, Definitions, adding definitions for “Aeronautical,” “Airport Elevation,” “Approach Surface,” “Conical Surface,” “Fair Disclosure Statement,” “Hazard to Air Navigation,” “Height, Airport,” “Horizontal Surface,” “Obstruction,” “Person,” “Primary Surface,” “Runway,” “Transitional Surfaces,” “Utility Runway,” and “Airport” to mean the McCall Municipal Airport; providing an effective date. Council Member Holmes moved to adopt Ordinance No 984, Updating McCall City Code Title 3 to include provisions Interior and Exterior Airport Zones, approve the publication of the summary, and authorize the Mayor to sign all necessary documents. Council Member Sowers seconded the motion. In a roll call vote Council Member Holmes, Council Member Sowers, Mayor Aymon, Council Member Giles, and Council Member Nielsen all voted aye and the motion carried. AB 19-273 Request for Approval to Submit a US Bank Community Possible Grant Application for Downtown Public Artwork Community & Economic Development Director Michelle Groenevelt presented the US Bank Community Possible Grant Application for Downtown Public Artwork. The US Bank Foundation offers grants up to $10,000 through its Community Possible grant program to “ensure economic vitality and accessibility to the arts” in communities served by US Bank. There is no minimum nd grant match requirement. Given the location of the local US Bank branch on 2 Street, a request to support the downtown public art project seems appropriate. Awarded funds would be used to support the fabrication and installation of artwork selected through the project community input process. At its November 25, 2019 meeting, the McCall Public Art Advisory Committee unanimously recommended submittal of an application to this grant program. More information about the US Bank Community Possible Grant Program can be found at: https://www.usbank.com/community/community-possible-grant-program-play.aspx Council Member Giles moved to approve submittal of US Bank Grant application for downtown public artwork 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, Council Member Nielsen, and Council Member Sowers all voted aye and the motion carried. MCCALL CITY COUNCIL Page 12 of 18 December 19, 2019 Regular Meeting AB 19-282 Request to Approve Consulting Services Agreement for Kittelson & Associates – Highway 55 Crossing Analysis Public Works Director Nathan Stewart presented the Consulting Services Agreement for Kittelson & Associates for Highway 55 Crossing Analysis. In an effort to alleviate vehicle/pedestrian rdrd conflicts and expedite traffic movement at the intersections of Park & 3, and Lenora & 3, Public rd Works omitted crosswalk striping on the south leg of each intersection crossing 3this past summer. To determine the effectiveness of this decision, effects on pedestrian safety, and whether or not the crosswalk omission should continue, Public Works had the intersections videotaped during very busy periods during the summer. The videos will be analyzed by Public Works staff and the data regarding conflicts and safety concerns will be provided to Kittelson & Associates for analysis. Kittelson will review the data and provide a third-party opinion and recommendations concerning whether or not the crosswalks should be restored next summer or continue to be omitted moving forward. The findings of this evaluation will be incorporated into the final design rd for Park/3 Street intersection as part of the Downtown Core Phase 2B construction. Kitteleson & Associates is familiar with multi-modal traffic issues in McCall, particularly these intersections. They also served as a subconsultant to Logan Simpson contributing significantly to the development of McCall’s 2017 Transportation Master Plan. Staff and the Council had some discussion regarding a “right turn only” idea. Staff will bring more information back at a future meeting. Council Member Holmes moved to approve the Professional Services Agreement with Kittelson & Associates, Inc., and authorize the mayor to sign all necessary documents. Council Member Giles seconded the motion. In a roll call vote Council Member Holmes, Council Member Giles, Mayor Aymon, Council Member Nielsen, and Council Member Sowers all voted aye and the motion carried. AB 19-276 Greenhouse Gas (GHG) Inventory Technical Assistance Program Community & Economic Development Director Michelle Groenevelt presented Greenhouse Gas (GHG) Inventory Technical Assistance Program. Mountain towns across the country are seeing the impacts of climate change and are committed to enhancing community resilience. The organization Local Governments for Sustainability (ICLEI) will provide a GHG inventory cohort to several communities including the City of McCall that have not yet completed an inventory. Mountain Towns 2030 (MT2030) recognizes the urgency of this task and seeks to raise the ambitions of community leaders to achieve net zero emissions by 2030. Establishing a baseline and comparative GHG measurement is the initial step for a city, town or county committed to reducing carbon emissions. Once the baseline of emissions is known, a set of GHG mitigation actions can be identified, evaluated, and acted on. At the conclusion of the cohort, McCall will have a baseline inventory of the local GHG sources and have identified high-impact opportunities to reduce those emissions. There is no cost to the City beyond staff time to participate in the training session. The CED Director and Mayor met with the McCall Outdoor Science School (MOSS) to form a partnership. With support from the faculty, this GHG Inventory will be a 1 credit class for the graduate students. MCCALL CITY COUNCIL Page 13 of 18 December 19, 2019 Regular Meeting The Inventory will then provide the baseline to establish a Sustainability Plan or Climate Action Plan for the community. Mayor Aymon suggested a council member be involved. Council Member Nielsen expressed some interest. Valley County is expressed interest in a similar program. AB 19-271 Request to Approve the Grant Agreement with Blue Cross of Idaho Foundation for Health, Inc., Direct Staff to Work with the City Attorney to Draft Contracts with McCall-Donnelly High School and the McCall Outdoor Science School for Distribution of the Funds City Clerk BessieJo Wagner presented the Grant Agreement with Blue Cross of Idaho Foundation for Health, Inc. Five Idaho Mayors participated in the Blue Cross of Idaho Foundation for Health’s Community Health Academy and have earned a $10,000 grant for their communities. The participating mayors are Jackie Aymon (McCall), Jackie Barthlome (Grace), Marc Beitia (American Falls), Vic Holmes (Rathdrum) and Judith Nissula (Cascade). Community Health Academy is a six-month learning collaborative that provides opportunities for city and community leaders to explore in-depth ways how they can fight childhood obesity across Idaho. The academy is offered through the Foundation’s High Five initiative, which promotes physical activity and access to healthy foods for children. Mayors were selected for the Community Health Academy through an application process. The Community Health Academy allows mayors to learn best practices, collaborate with other leaders and learn from local and national experts over the course of the academy. Mayors will learn about walkability, the economic impact of food systems in their city, as well as leadership and marketing. Upon completion of the academy, a $10,000 grant will be awarded to the city that will be used to promote youth health. Previous mayors who have completed the Community Health Academy have used their grants for park improvements, installing crosswalks with flashing beacons and connecting trails and pathways. Mayor Aymon would like to use $2,000 to support the McCall- Donnelly High School students in their efforts to have a public community garden and use the remaining $8,000 to support the McCall Outdoor Science students to develop a comprehensive Climate Change Strategy for McCall that will incorporate outdoor activities in McCall and how the climate impacts those activities. Council Member Nielsen moved to approve the Grant Agreement with Blue Cross of Idaho Foundation for Health, Inc., direct staff to work with the City Attorney to draft contracts with McCall-Donnelly High School and the McCall Outdoor Science School for distribution of the funds and authorize the Mayor to sign all necessary documents. Council Member Holmes seconded the motion. In a roll call vote Council Member Nielsen, Council Member Holmes, Mayor Aymon, Council Member Giles, and Council Member Sowers all voted aye and the motion carried. AB 19-281 City Manager Evaluation Process Human Resources Manager Traci Malvich presented the process for the City Manager evaluation. The goal of the annual performance evaluation is to help employees feel valued, maximize the benefit that the City and Community gets from each employee, and to perform an evaluation of MCCALL CITY COUNCIL Page 14 of 18 December 19, 2019 Regular Meeting your performance during the last year. This process is intended to involve both employee and supervisor and focus on work behaviors and results. Annual Performance Evaluation reviews the performance of each employee during the evaluation period. The City of McCall’s evaluation period begins January 1 and ends on December 31 each year and includes the following for evaluation period – 2019. Since the City Council serves as the supervisor to the City Manager, they issue The City Manager’s performance evaluation. The Human Resources Manager has collected the Supervisor Evaluations completed by the City Manager’s Direct reports and passed out for the Council’s review. Council Member Holmes volunteered as scribe to compile the Council’s comments. The Council Members are to submit their comments to Council Member Holmes by January 2, 2020 who then will communicate with the Human Resource Manager once she has received them. AB 19-283 Electronic Payment Discussion, Selection of Options, & Direction to Staff City Treasurer Linda Stokes presented the electronic payment discussion. The Council has expressed a desire to improve customer service as well as finding and creating efficiencies in the processes performed by staff. Staff and the Citizens of the City of McCall have also expressed a desire for the option of paying for City services by credit card both online and at the point of sale. Xpress Bill Pay’s payment processing platform within the Caselle environment will seamlessly integrate payment transactions from Caselle Connect Cash Receipting into Caselle Connect General Ledger and Caselle Connect Sub-ledgers such as Utility Management. The City already receives credit card payments for recreation and utility billing through other programs. She asked for direction on whether to absorb the convenience fees or charge the card holder. She shared Xpress Bill Pay will give the customer more flexibility than what is currently in place. And currently, there are 1600+ customers on utility auto pay who do not pay any convenience fees. This change would also reduce the amount of records kept on file. City Treasurer Stokes went over the three different options the Council can choose from. Council Member Giles is reluctant to charge any fees for autopay customers. There was a discussion on the different options, how each works, and next step process. Council Member Sowers felt the overall goal is to encourage people to go paperless and believes the City should absorb the fees. Council Member Giles would like to be user friendly. Council Member Holmes would like to encourage people to go paperless as overall it would cost the City and the customer less and maybe the cost savings on mailing would balance out the fee absorption. Council Member Nielsen is for no fees for going paperless. Mayor Aymon has no problem charging a fee for convenience but if there are cost savings would also support absorbing the fees. City Treasurer Stokes also stated there is the option for the customer to do a bank check instead of a credit card where there is no transaction fee. For utilities, Council consensus was to maintain what is currently in place for autopayments. There have been many requests for City Hall to offer credit card service at the front desk for payments for building fees, licensing/permits, utilities, etc. Staff explained the fee structure for that service and recommended to do a standard fee for a 6-month period to gather data to determine if the fee appropriate. The equipment would be needed for City Hall, Public Works, and the Police departments only at this time. The Library would need to be added later. MCCALL CITY COUNCIL Page 15 of 18 December 19, 2019 Regular Meeting The Council directed staff to move forward and bring back a fee schedule for review. AB 19-287 Summary of City Interactions Regarding 1101 Knowles Road also Known as the Seasons at McCall City Manager Anette Spickard presented summary of City interactions regarding 1101 Knowles Road also known as the Seasons at McCall short-term rental. At the December 5, 2019 Council meeting, Council heard public comment from the adjacent neighbors to this property identifying concerns and impacts from the short-term rental operation at the property and the encroachment of the property into the public Right-of-Way. Council was provided with the correspondence from staff to the land owner. Council Member Sowers asked if the owner has a time line to respond and City Manager Spickard explained at the time of the letter was written, there was a conditional use permit application in process but later the application was pulled. The City cannot force a deadline without the application. She stated it is not uncommon for there to be encroachments on City easements with landscaping, etc. She reported staff is working to resolve the issue. AB 19-285 Request to Approve the Letter of Additional Service #01- Repurpose of Existing McCall Public Library with Humphries Poli: City Manager Anette Spickard presented Letter of Additional Service with Humphries Poli for the repurposing of the existing library building. The Library Board, Library Expansion Committee and City of McCall have worked cooperatively on design concepts for the proposed Library Expansion as well as the redesign of the existing Library for a Citizen’s Hall, Recreation Program storefront, and shared storage spaces. The design concepts were presented to Council at their November 22 special work session and staff received direction from Council to move forward with the project. The original Library Expansion design contract approved by Council with Humphries Poli in April 2019 did not include design or engineering services for the repurpose of the existing Library. $100,000 was included in the adopted 2020 Capital Improvement Plan for design and engineering services for the Library Expansion project. A Letter of Additional Services with Humphries Poli to provide the additional design and engineering services for the repurpose of the existing Library has been reviewed by City staff and the City Attorney. There was some discussion about why this piece of the Library expansion that was missed in the first part of the process. In the beginning, the existing library space was to be used for offices but as the design process moved forward, the space morphed into something else and the Library Board of Trustees realized the design for the space was not covered under the existing contract with Humphries Poli. Council Member Holmes moved to approve the Letter of Additional Services #01 Repurpose of Existing McCall Public Library with Humphries Poli with Humphries Poli and authorize the Mayor to sign all necessary documents. Council Member Sowers seconded the motion. In a roll call vote Council Member Holmes, Council Member Sowers, Mayor Aymon, Council Member Giles, and Council Member Nielsen all voted aye and the motion carried. MCCALL CITY COUNCIL Page 16 of 18 December 19, 2019 Regular Meeting AB 19-286 Request to Approve the Letter of Additional Service #02- Relocation of McCall Parks Department to the Central Idaho Historical Museum Site with Humphries Poli: City Manager Anette Spickard presented Letter of Additional Service #02- Relocation of McCall Parks Department to the Central Idaho Historical Museum Site with Humphries Poli. The Library Board, Library Expansion Committee and City of McCall have worked cooperatively on design concepts for the proposed Library Expansion as well as the redesign of the existing Library for a Citizen’s Hall, Recreation Program storefront, and shared storage spaces. The design concepts were presented to Council at their November 22 special work session and staff received direction from Council to move forward with the project including the relocation of the Parks Maintenance Facility in order to remove the Annex building to make room for the Library Expansion. Council previously selected the Central Idaho Historical Museum Site as the preferred location for a new Parks Maintenance Facility to house equipment and staff. The original Library Expansion design contract approved by Council with Humphries Poli in April 2019 did not include design or engineering services for the Museum Site. $59,528 was included in the adopted 2020 Capital Improvement Plan for this project (using General Fund and Tourism LOT). The remaining $12,472 will come from the City Manager’s professional service budget. A Letter of Additional Services with Humphries Poli to provide the additional design and engineering services for the relocation of the Parks department to the Central Idaho Historical Museum has been reviewed by City staff and the City Attorney. Council Member Nielsen stated he does not feel the Parks move is the wisest move considering the upcoming Public Works building site work session. Council Member Sowers moved to approve the Letter of Additional Services #02 Relocation of McCall Parks Department to the Central Idaho Historical Museum Site with Humphries Poli and authorize the Mayor to sign all necessary documents. Council Member Giles seconded the motion. In a roll call vote Council Member Sowers, Council Member Giles, Mayor Aymon, Council Member Holmes, and Council Member Nielsen yes all voted aye and the motion carried. Upcoming Meetings Schedule Discussion Council discussed upcoming meetings. The Council was amenable to add a discussion to the January 9, 2020 regarding a letter to Forest Service to extend comment for Environmental Impact Study about Midas Gold. The Girl Scouts would like to present to the Council about an ordinance for text free driving on January 23, 2020. Council took a short break and reconvened at 9:18 p.m. EXECUTIVE SESSION At 9:19 p.m. Council Member Holmes moved to go into Executive Session for:  Litigation pursuant to Idaho Code 74-206 (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. The mere presence of legal counsel at an executive session does not satisfy this requirement MCCALL CITY COUNCIL Page 17 of 18 December 19, 2019 Regular Meeting Council Member Giles seconded the motion. In a roll call vote, Council Member Holmes, Council Member Giles, Mayor Aymon, Council Member Nielsen, and Council Member Sowers all voted aye and the motion carried. Council discussed a possible litigation issue. RETURN TO OPEN SESSION At 9:59 p.m. Council Member Nielsen moved to return to Open Session. Council Member Holmes seconded the motion. In a voice vote,all members voted aye and the motion carried. ADJOURNMENT I Without further business, Mayor Aymon adjourned the meeting at 10:00 p.m. McC ., S. ATTEST: = A• L a _= c 'e J mon ayor o Z a0 sem /`� ♦ ` j 1� ff`, BessieJo W..'er, City ! erk ""n" MCCALL CITY COUNCIL Page 18 of 18 December 19, 2019 Regular Meeting