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HomeMy Public PortalAbout2019.11.21 Regular Council Meeting MINUTES McCall City Council Regular Meeting McCall City Hall -- Legion Hall November 21, 2019 Call to Order and Roll Call Pledge of Allegiance Approve the Agenda Consent Agenda Public Comment Work Session 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 Nichols, City Attorney; BessieJo Wagner, City Clerk; Erin Greaves, Communications Manager; Linda Stokes, City Treasurer; Delta James, Economic Development Planner; Morgan Bessaw, City Planner; Kurt Wolf, Parks and Recreation Director; Meg Lojek, Library Director; Chris Curtin, Information Systems Manager Also, in attendance were Joel Miller, Humphries Poli; Diane Kushlan, Kushlan Associates; Walter Sledzieski, McCall Historical Preservation Commission; Garret Visser, Idaho Wildlife Federation; 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 Nielsen seconded the motion. In a voice vote all members voted aye and the motion carried. CONSENT AGENDA MCCALL CITY COUNCIL Page 1 of 12 November 21, 2019 Regular Meeting Minutes 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. Payroll Report for period ending November 1, 2019 2. Clerk License Report 3. Warrant Register – GL 4. Warrant Register – Vendor 5. AB 19-260 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 October 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. 6. AB 19-245 Request to Execute the Land and Water Conservation Fund State and Local Agreement: The City of McCall Parks and Recreation Department has received formal notification from the Idaho Department of Parks and Recreation of a Land and Water Conservation Fund grant award providing $136,004 to support the placement of new playground equipment and associated pathway, drainage, landscaping and ADA improvements in Brown Park. Execution of the State and Local Project Agreement is required to secure the grant funds. Matching local funds of at least $136,004 (50% of total project cost) are required for this grant program, which reimburses for costs accrued during the project timeline (until December 31, 2021) up to a total of $136,004. City staff have budgeted for the required local matching funds through the CIP process. Action: Authorize the Mayor to sign the Land and Water Conservation Fund State and Local Agreement. 7. AB 19-252 Request to Adopt Resolution 19-21 Authorizing the Sale of the Surplus Personal Body Armor to Valley County Sheriff’s Office: Idaho Code 67-5732A allows the conveyance of surplus personal property to other state and local agencies. The Valley County Sheriff’s Office has requested to purchase the body armor worn by a former employee of the McCall Police Department. The former employee has accepted a position with Valley County Sheriff’s Office. Body armor is custom fit and made for individual officers. Body armor has a five-year life. The police department has prorated the cost of the vest to the remaining life of four years. The purchase price is $500. Action: Adopt Resolution 19-21 authorizing the sale of the surplus personal body armor to Valley County Sheriff’s office and authorize the Mayor to sign all necessary documents. 8. AB 19-254 Request to Approve the Extension of the Contract for Janitorial Services with First Class Cleaning Services: In November 2018, McCall City Council approved a cleaning contract for the new Police Department building with First Class Cleaning Services. The contract was written with the provision to allow for “two (2) additional one (1) year periods, under the same term and conditions”. Justin Williams, Chief of Police, is requesting the extension of the contract for one (1) year. This expense is accounted for in the FY20 budget. Action: Request Council to approve the extension of the contract for janitorial services with First Class Cleaning Services and authorize the Mayor to sign necessary documents. 9. AB 19-256 Request to Approve the Amendment No. 1 To Enterprise Software License Agreement Renewing the Enterprise Software License Agreement with ArchiveSocial: In November 2018, McCall City Council approved an Enterprise Software MCCALL CITY COUNCIL Page 2 of 12 November 21, 2019 Regular Meeting Minutes License Agreement with ArchiveSocial. The contract was written with the provision to allow for “Licensee may elect to renew this Agreement thereafter for successive periods of 1 year (each, a "Renewal Term") by providing written notice of renewal to Licensor at least 30 days prior to the scheduled expiration of this Agreement.” Staff is requesting the renewal of the agreement for one (1) year. This expense is accounted for in the FY20 budget. Action: Approve the Amendment No. 1 To Enterprise Software License Agreement Renewing the Enterprise Software License Agreement with ArchiveSocial and authorize the Mayor to sign all necessary documents. Council Member Holmes moved to approve the Consent Agenda as submitted. 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. PUBLIC COMMENT Mayor Aymon called for public comment at 5:33 p.m. Hearing no comments, Mayor Aymon closed the comment period at 5:33 p.m. WORK SESSION AB 19-244 Presentation and Request to Adopt the Feasibility Study for Construction and Operation of a Community Event Space and Boathouse Parks & Recreation Director Kurt Wolf presented the feasibility study for construction and operation of a Community Event Space and Boathouse and introduced Joel Miller of Humphries Poli. On February 23, 2018, there was a work session regarding the conceptual proposal for a community space and boat house structure on City owned property known as the Spruce Street right-of-way or ‘Hill Climb Park’. The Council was supportive of this concept and wanted a feasibility study to better understand the project. Council approved the use of Local Option Tax funds for the study, and on July 11, 2019, a contract with Humphries Poli was approved for professional services for a feasibility study for the construction and operation of a Community Boathouse. The final report has been reviewed by City Staff and citizen Jim Pace who presented the original concept to Council. Mr. Miller provided an overview of the feasibility study. He went over the proposed site and concepts used in other cities. The study includes a few design examples, but the main purpose of this study was to look at financial feasibility. He shared the cost estimates for construction, utilities, and possible revenue, and how the project ties in with the McCall Comprehensive Plan. Staff recognizes the reality of starting this project is not feasible currently but asks the Council to adopt the feasibility study as a planning document for future discussions. Mayor Aymon believes the boathouse to be a beautiful idea and a nice amenity to the community. Council Member Sowers likes the concept but wondered how necessary it is to have when there are many other projects that need attention. Staff explained the next step would be to engage the community in discussions and looking for partnerships. Council Member Holmes is concerned about parking. Council Member MCCALL CITY COUNCIL Page 3 of 12 November 21, 2019 Regular Meeting Minutes Nielsen felt positive that staff is looking at developing this area and liked the information provided by the feasibility study. Council Member Giles moved to adopt the Community Event Center and Boathouse Feasibility Study as a planning document and provide direction to staff. Council Member Nielsen seconded the motion. In a roll call vote Council Member Giles, Council Member Nielsen, Mayor Aymon, and Council Member Holmes all voted aye and Council Member Sowers voted no, and the motion carried. PUBLIC HEARING AB 19-251 Request to Adopt an Ordinance Updating McCall City Code Title 3 to include provisions for Local Housing & Short-Term Rentals – CA-19-01 Mayor Aymon opened the public hearing at 6:00 p.m. City Planner Morgan Bessaw presented the Ordinance updating the 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 the consultant worked with the City Attorney to finalize the code language based on draft code language presented on November 7th with feedback from the City Council. Diane Kushlan, Kushlan Associates, gave a brief update of the changes including occupancy based on number of bedrooms, a definition for “McCall Area”, permit standards regarding business licensing and property management contacts, and neighborhood meeting process. City Attorney Bill Nichols clarified the purpose behind the changes as Ms. Kushlan went through them. Council Member Holmes would like more time to digest what was presented. Council Member Sowers wanted to know if there had been any comments from the property management companies. Staff clarified noise restrictions and neighborhood meeting process. Council Member Nielsen would like more time as well before deciding. It was the general consensus of the Council to continue the public hearing to the next meeting. Council Member Holmes moved to continue AB 19-251 and the public hearing to the Council meeting on December 5, 2019 at 6:00 p.m. 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 4 of 12 November 21, 2019 Regular Meeting Minutes BUSINESS AGENDA AB 19- 258 Request for a Library Board of Trustees Appointment - Lynn Lewinski City Manager Anette Spickard presented the Library Board of Trustees appointment. The Library Board voted unanimously on November 4, 2019 to accept Ms. Lewinski’s application to serve another term on the Board and recommend her appointment to the City Manager and City Council. The position was advertised in the Star News for two weeks and Ms. Lewinski’s application was the only one received by the application deadline. She has served as the Library Board’s secretary and has been actively involved in the library expansion project. Her letter describes her interest in continuing to serve. The City Manager has reviewed and approved the appointment of Ms. Lewinski to the Board as required by Idaho Code Title 33 Chapter 26 which states the City Manager and the City Council shall appoint members to the Library Board. Ms. Lewinski will serve a regular 5-year term on the Library Board of Trustees. There are no terms limits for Library Board members per Idaho Code. Council Member Sowers moved to appoint Lynn Lewinski to the McCall Public Library Board of Trustees for a term to expire October 2024. 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 all voted aye and the motion carried. AB 19-253 Request for Approval of the Tree Advisory Committee Member Appointment Parks & Recreation Director Kurt Wolf presented the Tree Advisory Committee member appointment. The Tree Advisory 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. An ad was placed in Star News and ran for two weeks requesting letters of interest for the open position on the Tree Advisory Committee due to an expired term. Pavla Clouser, current member, expressed interest in remaining on the committee and submitted a letter. Amy Dolberry also submitted a letter of interest for consideration. No other letters of interest were received. Council Member Sowers moved to Approve the Reappointment of Pavla Clouser to a three year term to the Tree Advisory Committee. Council Member Holmes seconded the motion. In a roll call vote Council Member Sowers, Council Member Holmes, Mayor Aymon, Council Member Giles, and Council Member Nielsen all voted aye and the motion carried. AB 19-248 Request to appoint Dallas Young and Craig Vroom to the McCall Public Art Advisory Committee Economic Development Planner Delta James presented the McCall Public Art Advisory Committee member appointments. The mission of the McCall Public Art Advisory Committee (PAAC) is to make recommendations to City Council regarding public art projects and policies within the City of McCall. The Public Art Advisory Committee was formed in 2012 by resolution of City Council (Resolution 12-13), consisting of five members appointed by City Council. Resolution 19-10, adopted by City Council on June 13, 2019, expanded the committee size from MCCALL CITY COUNCIL Page 5 of 12 November 21, 2019 Regular Meeting Minutes five (5) to seven (7) members. Members are appointed to three-year terms, which are renewable for one additional term. Upon expansion of the committee from five to seven member in June 2019, the new position vacancies were advertised, and letters of interest were received from three community members; Dallas Young, Susan Farber and Judy Drake. City Council appointed Judy Drake and Susan Farber to the committee in July 2019. Sue Dixon is moving out of state and has submitted her committee position resignation. Dallas Young has expressed her continued interest in serving on the Public Art Advisory Committee. Additionally, Craig Vroom’s first term on the committee will expire December 2019 and he would like to be considered for reappointment for a second term. Letters of interest from Dallas Young and Craig Vroom are enclosed. Since the most recent recruitment effort occurred three months ago, the City Manager recommends Council consider Dallas Young and Craig Vroom for appointment. Alternatively, Council can direct staff to advertise the vacancies for two weeks. Council Member Holmes moved to appoint Dallas Young and Craig Vroom to the McCall Public Art Advisory Committee for three-year terms expiring December 2022. 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 19-246 Request to appoint Morgan Zedalis to the McCall Historic Preservation Commission Walt Sledzieski, McCall Historic Preservation Commission Chair, presented the Commission member appointment. The McCall Historic Preservation Commission (HPC) is responsible for conducting a survey of local historic properties and recommending methods necessary to preserve, maintain and restore historic properties. The Commission also conducts educational and interpretive programs and recommends nominations of properties to the National Register of Historic Places. Jennifer Theisen resigned her position after 10 years of service on the HPC in October. The open position was advertised for two weeks and generated one response from Morgan Zedalis. Morgan is an archeologist and historian currently working as the Assistant Forest Archaeologist for the Payette National Forest. In order to have status as a Certified Local Government (which McCall is currently designated), the HPC must have members that have certain qualifications related to historic preservation which Morgan can provide. Council Member Giles moved to appoint Morgan Zedalis to a (3) three-year term on the McCall Historic Preservation Commission with term expiring November 2022. Council Member Sowers seconded the motion. In a roll call vote Council Member Giles, Council Member Sowers, Mayor Aymon, Council Member Holmes, and Council Member Nielsen all voted aye and the motion carried. AB 19-247 McCall Historic Preservation Commission Annual Report for 2019 MCCALL CITY COUNCIL Page 6 of 12 November 21, 2019 Regular Meeting Minutes Walt Sledzieski, McCall Historic Preservation Commission (HPC) Chair, presented the Annual Report for 2019. The HPC is responsible for conducting a survey of local historic properties and recommending methods necessary to preserve, maintain and restore historic properties. The HPC also conducts educational and interpretive programs and reviews nominations of properties to the National Register of Historic Places. Mr. Sledzieski briefly shared the year’s highlights including the recognition by the National Park Service of the Johnson Flying Service (Pioneer) Hangar to be on the National Register of Historic Places, the Boise State University intern to organize a digital data base for local historical places, development of a historic tour map now available through the web, oral history training for HPC members to begin capturing local stories, and the reopening of the Historic Museum. He gave synopsis of the HPC goals for 2020. AB 19-250 Request for Approval to Submit a FY20 Certified Local Government Grant Application to Support Historic Preservation Commission Member Professional Development Economic Development Planner Delta James presented the FY20 Certified Local Government Grant Application to support Historic Preservation Commission Member Professional Development. The Idaho State Historic Preservation Office (SHPO) administers federal funds for preservation projects through the Certified Local Government (CLG) program. The City of McCall is a certified local government and is eligible to apply for funding. Members of the McCall Historic Preservation Commission wish to attend the 2020 Idaho Heritage Conference in Pocatello in September and/or the National Alliance for Preservation Commission Forum in Tacoma in July 2020. The conferences typically offer workshops regarding preservation, research methods, and other topics of value to Commission members. Grant funds and funding from the FY20 City budget would be used to pay for registration, lodging, meals and mileage for up to five Commission members. Council Member Nielsen moved to approve submittal of a Certified Local Government Grant application 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 19-249 Request for Approval to Submit an Idaho Commission on the Arts Quick Funds Grant Application for Downtown Public Art Economic Development Planner Delta James presented the Idaho Commission on the Arts Quick Funds Grant Application for Downtown Public Art. The Quick Funds Project for Organizations grant program offered by the Idaho Commission on the Arts supports arts projects that are open to the public and offered by Idaho nonprofits, schools or local government agencies. The public art project for McCall’s downtown core is eligible for this grant program and requested funds would be utilized to augment community input into the artwork design and selection. More information about the grant program can be found at: https://arts.idaho.gov/grants/quickproject-orgs/ Council Member Holmes moved to approve submittal of an Idaho Commission on the Arts Quick Funds Grant application and authorize the Mayor to sign all necessary documents. MCCALL CITY COUNCIL Page 7 of 12 November 21, 2019 Regular Meeting Minutes 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 19-257 Idaho Wildlife Federation Presentation regarding Salmon and Steelhead Decline in Idaho and Request to Approve Letter of Support Garret Visser, Conservation Program Coordinator at the Idaho Wildlife Federation, at the request of Mayor Aymon, presented salmon and steelhead decline in Idaho, and what towns can do to help preserve the fish populations. The Idaho Wildlife Federation (IWF) is a non-profit organization that advocates for the conservation of Idaho’s fish and wildlife, habitat, and outdoor heritage. As a statewide, nonpartisan group founded by sportsmen and women, IWF seeks creative and proactive solutions to solve complex natural resource issues that impact fish and wildlife, habitats, and hunting and fishing opportunities. Their efforts advance “made in Idaho” solutions to the modern challenges of wildlife management and they believe wildlife and sporting opportunities can thrive while maintaining local economies and working agricultural landscapes. They advocate effectively for sound policy, vehemently defend public lands in public hands, and work with public officials to achieve their goals and bring a sportsman voice to the planning table. IWF seeks to spread awareness on behalf of issues that support Idaho's fish and wildlife populations, the delicate habitats that support them, and access to these resources by sportsmen and women alike. IWF works tirelessly on proactive efforts to enhance fish and wildlife populations and hunting and fishing experiences, while defending against the increasing threats of disease, invasive species, pollution, and privatization. Mr. Visser explained that even though much money is invested in preservation of these fish, number are declining. Smolt efforts are not working as many of the young fish sent out are not coming back. Many small communities rely on the fishing industry for their livelihood. He was former fishing guide and more recently has been working with local communities and cities, and on the Idaho Governor task force created this last summer. His goal is to bring all interested groups together to find solutions where the federal efforts have failed. He asked the Council to show support by signing a River of Unity letter addressed to the Governor and the Idaho State Representatives and Senators. He answered questions about who he has contacted, and his relationships in working closely with the Riggins and other towns outfitters and other interested parties. He shared the efforts of the Governor Task Force to contact fish hatcheries and biologists and explained purpose of the letter is to show a unified front of the river communities to get the attention of State Legislators to enact some policies. The Council discussed. Council Member Nielsen was supportive. Council Member Holmes sees the letter as a good neighbor effort to be supportive to those groups already working on the issue. Council Member Giles is supportive but would like to edit some of the language of the letter to be less harsh. Mr. Visser explained the language. Mayor Aymon feels the letter adjusted to reflect the view of McCall makes it more effective. Council Member Sowers agrees with Council Member Giles. There was a brief discussion regarding of the recovery effort failures of the Federal Government. Mr. Visser is hoping to deliver the letter in person to Washington DC by the end of January 2020. MCCALL CITY COUNCIL Page 8 of 12 November 21, 2019 Regular Meeting Minutes There was Council consensus to have Council Member Giles work with the City Manager reword parts of the letter and bring back to a future meeting for approval. AB 19-255 Request to Approve Conditional Use Permit CUP-19-07 for 1650 Bear Basin Road City Planner Morgan Bessaw presented the Conditional Use Permit CUP-19-07 for 1650 Bear Basin Road. A Conditional Use Permit application to construct a 2,450 square foot detached garage creating an accessory structure in excess of 1,500 square feet. A properly noticed public hearing for the application was heard by the McCall Area Planning and Zoning Commission during their regularly scheduled October 1, 2019 meeting. During their November 5, 2019 meeting, the McCall Area Planning and Zoning Commission unanimously recommended this conditional use permit to the City council for approval without a second public hearing. She explained the conditions of approval (listed below) and answered questions. Conditions of Approval include: This Conditional Use Permit shall be exercised within twelve (12) calendar months of the date of City Council approval; Prior to issuance of a building permit, the applicant shall receive final engineering approval; Prior to issuance of a building permit, the applicant shall receive an accessory use authorization from the Central District Health Department; Prior to issuance of a building permit, the applicant shall provide proof of quiet title action to remove the underlying Brown Tie and Lumber easement or shall provide a revised site plan with the proposed shop location outside the easement; and Prior to issuance of a Certificate of Occupancy, all disturbed areas shall be reseeded with native grasses. Carey Freeland, applicant, answered questions about meeting the conditions regarding tree removal. Staff explained sometimes the City Arborist does not visit the site but makes the determination from the application depending on the circumstances. Council Member Sowers moved to approve conditional use permit application CUP-19-07 for 1650 Bear Basin Road as recommended by the McCall Area Planning and Zoning Commission and authorize the Mayor to sign all necessary documents. Council Member Holmes seconded the motion. In a roll call vote Council Member Sowers, Council Member Holmes, Mayor Aymon, Council Member Giles, and Council Member Nielsen all voted aye and the motion carried. AB 19-259 Work Session and Direction – Municipal Fiber Utility Discussion – Buildout Timelines and Community Interest Information Systems Manager Chris Curtin presented the Municipal Fiber Utility discussion regarding buildout timelines and community interest. On July 12, 2018, Council approved Resolution 18-15 recognizing internet services to be essential services. Additionally, language in the McCall Area Comprehensive Plan’s Policy 2.5 “Improve broadband and fiber optic capacity within the city….” and Policy 5.2 “Explore ways of expanding high speed internet and fiber optic access to public buildings, businesses and residences….” supports this need. At the April 26, 2019 Council work session, staff provided a brief history about the project and explained the challenges and goals of providing this service. The staff discussed the merits of expanding on installed fiber and conduit to create an open fiber network allowing third parties to offer internet services to citizenry and businesses within the City of McCall. This would be a multi- MCCALL CITY COUNCIL Page 9 of 12 November 21, 2019 Regular Meeting Minutes year project designed to support high speed internet access at lower prices for the community. Council expressed support of the project and gave staff direction to move forward and bring back th more information on the methods for financing this effort. At the September 26 work session, Council reviewed in depth the merits of the different models and reviewed the Rapid Fiber Plan draft, Financing models and Cost Projections. Staff was asked to show community interest and provide cost projections related to a 5-year buildout vs the originally proposed 10-year. InfoSystems Manager Curtin presented the online live “Heat Map” to exhibit community interest and shared three possible buildout timelines which show the initial one-time cost to the City to fund this project depending if a 5-year, 7-year, or 10-year timeframe. Previously, the Council indicated interest to have the buildout be funded through an Opt-In Local Improvement District (LID). He explained each years’ LID would be sold to fund the following years’ buildout, and at the end of the buildout, the City would recoup the initial start-up costs. The ultimate cost to each household is a function of the take rate. The higher the take rate the lower cost per household. A 60% take rate would be considered a minimum rate to install a neighborhood. It is recommended the buildout be performed by City staff to control labor costs and provide certainty for construction scheduling. It is estimated staffing needs would be 3-6 FTE depending on build rate. Labor costs for buildout would be paid through the LID as part of the project construction cost. The construction window is estimated to be 7-8 months each year. Two of the staff would be required to have specialized skills which would make it very desirable to keep year-round (Fiber splicer and Boring machine operator). The fiber splicer could be used year-round by the IT department in a dual role managing the RAPID network and splicing\\installing\\troubleshooting customer service calls about the network. The City would then determine whether the remaining construction staff could be utilized in snow plowing\\removal or Parks and Recreation maintenance activities and be retained on a year-round basis if funds are available. There was a lengthy discussion and staff answered questions. Council Member Nielsen would like to see more concrete plans to identify a test neighborhood, the matrix surrounding what would make it a success, and a strategic plan created. Staff requests a build out projection be identified in order to create a strategy to bring back to Council. The recommendation would be to select either the 7- or 10-year build out plan as the 5-year is too aggressive. There was discussion about how the strategic plan would come together and clarification of how to make expectations meet reality. Council direction to staff was to develop a strategic plan that would include how to target neighborhoods, marketing, next steps criteria based on the 10-year projection option. Staff is also to identify a test neighborhood and recommend a construction plan for a possible build out in 2021. AB 19-261 Request approval of a Duct Occupancy Agreement with Syringa Networks, LLC Information Systems Manager Chris Curtin presented the Duct Occupancy Agreement with Syringa Networks, LLC. Syringa Networks, LLC has approached the City to lease one of three installed conduits. They are hoping to interconnect the Park Place building, Central District Health and a building on Lake Street. The contract is for a term of 10 years with automatic renewal. Syringa will be responsible for fiber installation and maintenance related to the leased conduit. The contract has been reviewed by legal counsel and would provide for a small monthly recurring income. MCCALL CITY COUNCIL Page 10 of 12 November 21, 2019 Regular Meeting Minutes Mr. Curtin answered questions and clarified how the agreement would operate. City Attorney Bill Nichols pointed out that the agreement does not allow the City to terminate the lease after the 10 years unless there was a default in payment and advised the Council to consider that restriction and know they have the choice to make changes to the language. After a brief discussion, the Council would like to renegotiate to add language giving the City some control over the renewal of the contract and asked staff to work with the legal counsel for better terms and bring the item back for approval at a future meeting. Upcoming Meetings Schedule Discussion Council discussed upcoming meetings. The Council took a short break at 8:56 p.m. and reconvened at 9:00 p.m. EXECUTIVE SESSION At 9:01 p.m. Council Member Nielsen 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  Records pursuant to Idaho Code 74-206 (1)(d) To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code  Land Acquisition pursuant to Idaho Code 74-206(1)(c) to acquire an interest in real property not owned by a public agency. (ADDED 11/18/19) 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. Council discussed Thompson Place Litigation Settlement Agreement and land acquisition. RETURN TO OPEN SESSION At 9:27 p.m. Council Member Holmes moved to return to Open Session. Council Member Giles seconded the motion. In a voice vote, all members voted aye and the motion carried. Council Member Nielsen moved to approve the Thompson Place litigation settlement agreement 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. MCCALL CITY COUNCIL Page 11 of 12 November 21, 2019 Regular Meeting Minutes Council Member Holmes moved to enter into an Exchange Agreement with Edith and David McGregor, authorize staff to negotiate closing date in reference to paragraph 3 of the Exchange Agreement, and authorize the Mayor to sign all necessary documents. 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. ADJOURNMENT Without further business, Mayor Aymon adjourned the meeting at 9:29 p.m. ,`��I1U1111IIII,/' f4kiL"..) °SAO ATTEST: ' * J SAS _ Aide J. on, yor /J.I _I.._I.�. ' s. '' P . .4's BessieJo Wa er, City Ci k 411"r/inutit ' MCCALL CITY COUNCIL Page 12 of 12 November 21, 2019 Regular Meeting Minutes