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HomeMy Public PortalAbout2020.04.09 Regular Council Minutes MINUTES McCall City Council Regular Meeting McCall City Hall -- Teleconference April 9, 2020 Call to Order and Roll Call Pledge of Allegiance Approve the Agenda Consent Agenda Public Comment Public Hearing Business Agenda Adjournment CALL TO ORDER AND ROLL CALL Mayor Giles called the regular meeting of the McCall City Council to order at 5:30 p.m. Mayor Giles, Council Member Holmes, Council Member Maciaszek, 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; Linda Stokes, City Treasurer; Michelle Groenevelt, Community Development Director; Morgan Bessaw, City Planner; Kurt Wolf, Parks and Recreation Director; Rick Stein, Airport Manager; Traci Malvich, Human Resources Manager; Justin Williams, Police Chief; Nathan Stewart, Public Works Director; John Powell, Building Official Also, in attendance was Diane Kushlan, Kushlan Associates; Tim Davis, Payette View Estates Condos Mayor Giles 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 voice vote all members voted aye and the motion carried. 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. Payroll Report for period ending March 20, 2020 MCCALL CITY COUNCIL Page 1 of 16 April 9, 2020 Regular Meeting 2. Warrant Register – GL 3. Warrant Register – Vendor 4. Accept the Monthly Department Reports 5. Accept Chamber of Commerce Report 6. AB 20-092 City Licenses Report to Council Per McCall City Code: Per McCall City Code Title 4 Chapter 9, the City Council has determined that the City Clerk shall be delegated the authority to process and grant or deny all alcoholic beverage license applications, other than certain circumstances involving catering permits, which the city clerk shall review the application for catering permit for completeness and forward said application to the Police Chief. The Police Chief upon receipt of the application shall make a recommendation to the City Clerk to approve or deny the application. Whenever the City Clerk shall determine that an application for alcoholic beverage license transfer or renewal is complete, the City Clerk shall approve or deny such application. All decisions of the City Clerk shall be reported to the City Council at the next regularly scheduled City Council meeting after such decision. The City Clerk is also responsible for all processing of business, taxi, snow removal, pawnbroker, child daycare licenses, vendor permits, and public event applications. Action: Council review the License report. 7. AB 20-093 Request to Proclaim April 25, 2020 as Arbor Day in the City of McCall: Arbor Day is celebrated nationally on the last Friday of April however the City has the flexibility to designate whichever day is preferred to celebrate it as a community. For the past three years the Parks & Recreation Department have partnered with Franz Witte Nursery to hold the official Arbor Day Celebration on the last Saturday in April at the nursery with a celebration of trees event free to the community. Due to the status of the COVID-19 situation and the uncertainty around the time frame of this situation the event has been postponed until we can set a date to safely hold the event. In an effort to recognize Arbor Day in April the department will continue to work virtually with Franz Witte Nursery on the release of the Arbor Day Proclamation and online educational information covering tree care, planting, selection, and the history of Arbor Day in the form of videos and online learning material. Action: Proclaim April 25, 2020 as Arbor Day in the City of McCall and authorize the Mayor to sign all necessary documents. 8. AB 20-097 Request to Appoint an Authorized System Awards Management (SAM) Administrator for the City of McCall Police Department: The System for Award Management (SAM) is a computer system managed by the U.S. Government. Entities must have an active registration in SAM to do business with the U.S. Government. An “entity” is the company, business, or organization registering in SAM; such as the City of McCall. Each entity is represented by a nine-digit unique entity identifies, the Data Universal Numbering System (DUNS®) Number as issued by Dun & Bradstreet. The City of McCall, as the parent entity, was issued a DUNS number. The McCall Police Department, as well as other City Departments, were issued separate DUNS numbers as subsidiaries of the City of McCall. It has recently come to the attention of staff that a separate SAM registration is required for each DUNS number. The McCall Police Department has used their own DUNS number to apply for Federal grant funds and they must register in SAM. Only individuals who are authorized to represent the City may register in SAM. Accessing or using SAM, or information contained therein, for any unauthorized or illegal purposes, may have civil and criminal penalties, and may negatively impact the status of the SAM registration maintained for the City. A notarized letter designating an authorized ‘Entity Administrator’ is required for each SAM registration. The McCall Police Department’s SAM registration is temporary pending receipt of a notarized MCCALL CITY COUNCIL Page 2 of 16 April 9, 2020 Regular Meeting letter designating the Department’s authorized Administrator. Action: Appoint the Police Department Administrative Services Supervisor as the McCall Police Department’s SAM Administrator and authorize the Mayor to sign all necessary documents. 9. AB 20-098 Request to Approve the Contract with Crestline Engineers to create Bid Specifications and Standards for installation of underground fiber conduit: A contract with Crestline Engineering to create a construction plan set and bid documents with specifications for the install of conduit for fiber has been received. The bid manual will create installation standards for future fiber conduit installations. This phase will include topographic surveying and preliminary roadway, sidewalk, bike lane and utility layouts as well as construction cost estimation and conflict (ROW encroachments, topographic constraints, etc.) identification. The conduit will be used to interconnect existing City buildings and infrastructure as well as tie into the RAPID fiber utility project. Standards will reduce the chance of issues encountered during install and outline parameters for restoration after install. The contract has been reviewed by the City Attorney. Staff recommendation is to use Crestline Engineering for this service. Action: Approve the Contract with Crestline Engineers to create bid specifications and standards for installation of underground fiber conduit and authorize the Mayor to sign all necessary documents. 10. AB 20-099 Request to Set the FY21 Budget Public Hearing Date and Location: Each year, per Idaho Code §63-802A, no later than April 30, the City of McCall must set and notify the County Clerk of the date and location of the budget public hearing. Staff recommends the Council set the FY21 Budget Public Hearing on August 13, 2020 at 5:30 PM in the Legion Hall which is the Council’s regularly scheduled meeting. Action: Set the FY21 Budget Public Hearing on August 13, 2020 at 5:30 PM in the Legion Hall and direct the Treasurer to notify the County Clerk of the date and location of the FY21 Budget Public Hearing. 11. AB 20-101 Request to Approve the Contract with Xerillion to Provide Professional Services Assisting with Converting City File Storage to A TEAMS Configuration: Staff recommends a contract with Xerillion for Professional Services to assist the InfoSystems department with converting the City’s current files infrastructure into a Teams portal. This change will migrate the files to the cloud host Microsoft and provide file access to staff through a secure portal. Currently, staff utilizes a VPN (Virtual Private Network) connection to access files when off site. VPN is a legacy technology that creates challenges with overhead, security and access speed. The staff’s recommendation is to use Xerillion for this service. The Team Sharing Proposal, Microsoft Agreement, General Service Agreement, and Electronic Record and Signature Disclosure Summary were distributed to Council. The contract has been reviewed by the City Attorney. The Mayor will receive documentation electronically ready for signature through DocuSign. Action: Approve the Contract with Xerillion to Provide Professional Services Assisting with Converting City File Storage to A TEAMS Configuration and authorize the Mayor to sign all necessary documentation. 12. AB 20-103 Request to Approve a Blue Cross of Idaho Foundation for Health Funds Agreement with McCall-Donnelly High School for a Community Garden: On January 9, 2020, the City received a Grant from Blue Cross of Idaho Foundation for Health in response to the Mayor having participated in their leadership program. The Grant stipulated terms and conditions that the Grantee (City of McCall) shall utilize Grant funds exclusively for the one of the following purposes: charitable, educational, scientific or literary purpose (or some approved variation). Specifically, Grantee’s purpose of Grant funding from the Foundation is for the support of the McCall community garden. McCall Donnelly High School has submitted MCCALL CITY COUNCIL Page 3 of 16 April 9, 2020 Regular Meeting a proposal for a Student Garden. The contract and proposal have been reviewed by the City Attorney. Action: Approve the Blue Cross of Idaho Foundation for Health Funds Agreement with McCall-Donnelly High School for a Community Garden and authorize the Mayor to sign all necessary documents. 13. AB 20-104 Request to Approve a Master Services Agreement with Simplifile for E- recording Services: City Staff has been looking at alternate ways of recording documents with the County Recorder. The County is located approximately 40 minutes from City Hall. Currently, for each document that needs to be recorded, the City could incur $35 in travel costs plus more than an hour of staff time. Valley County currently uses Simplifile to receive documents that need recorded electronically. By contracting with Simplifile, staff will be able to record documents timelier and more efficiently. The master Services Agreement and a service addendum have been reviewed by the City Attorney. Action: Approve the Master Services Agreement and service addendum with Simplifile for E-recording Services and authorize the Mayor to sign all necessary documents. 14. AB 20-106 Request to Approve the Engineering Services Agreement for Crestline Engineers for the Public Works City Standard Drawings and Specifications Update & Development: The City is currently in need of updating current Public Works standard detail drawings, developing new ones, and creating a standard technical specification manual. This project is anticipated to be a multi-year effort. The current effort is focused on updating and revising current details and addressing additional immediate needs with new ones. The standard details and specifications will be specific to the City but will generally conform to/complement the conditions contained in the Idaho Standards for Public Works Construction (ISPWC). The City is proposing to use Crestline Engineers to provide substantial engineering and design support for this project. Crestline Engineers has performed previous engineering efforts to develop the City’s standard details. Substantial efficiencies and benefits are recognized from the continuity of utilizing the same engineering firm, especially due to Crestline’s extensive experience with local engineering, Public Works, and construction practices. The City anticipates having the updated and new standard details posted to the City’s website prior to the upcoming construction season. Additional standards and technical specifications will be developed prior to the start of the 2021 construction season. Additional budget may be necessary at a future time, depending on how many standard details and specifications are ultimately developed. This portion of the project is being funded by Water Department funds. Action: Approve the Engineering Services Agreement for Crestline Engineers for the Public Works City Standard Drawings and Specifications Update & Development and authorize the Mayor to sign all necessary documents. 15. AB 20-109 Request to Approve the Agreement with WHPacific, Inc. to perform an Independent Fee Evaluation on AIP 3-16-0023-027-2020 – Taxiway Relocation Construction: At the February 13, 2020 City Council meeting, Council approved the grant application for the AIP 3-16-0023-027-2020 – Taxiway Relocation Project. Per Federal Aviation Administration (FAA) funding rules, all grants over $100,000 must have an Independent Fee Evaluation (IFE) by a different aviation consulting firm. WHPacific has agreed to performing the IFE for a price of $4,000, of which 100% of the cost is eligible for reimbursement under the AIP 27 grant. Action: Approve the agreement with WHPacific, Inc. to perform an Independent Fee Evaluation on AIP 3-16-0023-027-2020 – Taxiway Relocation Construction and authorize the Mayor to sign all necessary documents. MCCALL CITY COUNCIL Page 4 of 16 April 9, 2020 Regular Meeting 16. AB 20-112 Update on the Request Approval of a State of Idaho Outfitters and Guides Licensing Board - Private Landowner’s Statement / Agreement between City of McCall and Payette Lake Shuttles & Tours (1000 Spring Boat Tours LLC): The following is an update and report to the Council following the March 26th meeting in which the council moved to table the discussion to the April 09 meeting requesting additional information from the applicant on this matter. After following up with the State of Idaho Outfitters and Guides Licensing Board (IOGLB). The IOGLB recommended including a condition on the Private Landowner’s Statement/Agreement form. This condition should include the details regarding the applicant’s proposed operation on the lake requested by the Council and of the Big Payette Lake Water Quality Council before the form would be considered valid by the IOGLB. Previously Stated: The Outfitters and Guides Licensing Board allows for two (2) Outfitter Licensee’s permitted through the State of Idaho on Payette Lake for ‘power boating’. In order to secure one of these license’s the licensee must have permission via the State of Idaho Outfitters and Guides Licensing Board OG-10 Form to launch a commercial vessel from the Cities Public Boat Ramp and perform business on Payette Lake. The Licensee (Payette Lake Shuttles & Tours) is requesting to use the ramp to launch their boat at the start and end of the season and in the situation where they need to do maintenance on the vessel during the boating season. Their goal is to start operations during the 2021 season but could potentially kick off a soft start late in the 2020 boating season. Action: Table action until the applicant has provided the requested clarification by the Council and the Big Payette Lake Water Quality Council as discussed during the March 26 Meeting. 17. COMMITTEE MINUTES: Requests acceptance of the following Committee Minutes: a. Golf Advisory Committee – February 12, 2020 b. Historic Preservation Commission – February 10, 2020 c. Library Building Committee – May 15, 2019 d. Local Option Tax Commission – March 12, 2019 e. Local Option Tax Commission – May 6, 2019 f. Local Option Tax Commission – May 8, 2019 g. Parks and Recreation Advisory Committee – January 21, 2020 h. Planning and Zoning Commission – February 4, 2020 i. Tree Advisory Committee – February 4, 2020 Council Member Holmes moved to approve the Consent Agenda as submitted. Council Member Maciaszek seconded the motion. In a roll call vote Council Member Holmes, Council Member Maciaszek, Mayor Giles, Council Member Nielsen, and Council Member Sowers all voted aye and the motion carried. PUBLIC COMMENT Mayor Giles called for public comment at 5:36 p.m. City Clerk BessieJo Wagner read the emails received for public comment: Lynn Wood of 1019 Violet Way, McCall wrote: I have heard the McCall recycle center is moving to Lakefork. Is that correct? And if so, why is it moving there? Thank-you. MCCALL CITY COUNCIL Page 5 of 16 April 9, 2020 Regular Meeting Suzanne Reddick of 140 Mather Road, McCall wrote: Whatever decisions you make tonight, please exercise great caution as your decisions relate to the corona virus pandemic. As tough as it is to close businesses and schools and practice social distancing, I hope we will continue to shelter in place as much as possible in the interests of public health. Thank you! Kevin Richmond of 104 Brundage View Ct., McCall wrote: I encourage the Council to provide utility relief under item AB 20-102 of the Business Agenda. I have recently been furloughed from my job and am working out a family budget. Providing utility relief in the form of waived late fees, no shutoffs, no negative credit reporting, etc. will be helpful for anyone impacted financially by COVID- 19. John & Ginger Riggins of 662 Koski Drive, McCall wrote: The City of McCall should not be in the business of providing internet service or constructing, owning, and operating the infrastructure that facilitates the provision of internet service. Internet service is not a failed market for businesses or individuals located within the City limits. Multiple providers exist to service all the needs that exist here. When choosing the services, a municipality will provide the citizenry, it’s important to distinguish what is essential from what is desirous. Providing a service also encumbers the citizenry. As full-time residents of the City of McCall, we object to being forced to pay for a non-essential City service that we have no intention of using. The internet service we pay for through a private company is more than adequate to meet our needs, and it is wrong for the City of McCall to force us to also pay for the infrastructure for a service we neither need nor desire. If specific internet companies have problems delivering their services to locations within McCall, the citizenry would be better served by the City removing barriers and facilitating the expansion of existing services by private companies. We are against the City of McCall fiber network project, in all its forms and names. Harriett Crosby, a retired citizen of McCall wrote: I am retired I have lived in McCall for five years now. I would like the Council to address the COVID-19. Many people like to drive back and forth to McCall. I would support police action to slow this down per the governor order regarding non- essential travel. The people I have talked to all support the action taken to prevent the disembarkation of the couple from Seattle. Hearing no other comments, Mayor Giles closed the comment period at 5:42 p.m. PUBLIC HEARING AB 20-094 Request to Adopt an Ordinance Updating McCall City Code Title 2 Building Regulations – CA-19-03 Mayor Giles opened the public hearing at 5:43 p.m. Community & Economic Development Director Michelle Groenevelt presented McCall City Code Title 2 Building Regulations – CA-19-03 ordinance update. The Title 2 BUILDING REGULATIONS of the McCall Municipal Code sets forth the requirements for building and construction within the McCall Area. The purpose of the updates to Title 2 are to incorporate the most recent provisions of state building codes and simplify the process for adoption of future changes; codify existing practices; adopted new provisions as determined necessary by the Building Official and others involved in the MCCALL CITY COUNCIL Page 6 of 16 April 9, 2020 Regular Meeting review of building and construction; improve consistency with other provisions of the municipal code; and generally, clarify, simplify and update the title. On March 3, 2020, the McCall Area Planning and Zoning Commission held a public hearing, considered the ordinance and recommended to the City Council and County Commissioners that the ordinance be approved. The City Attorney drafted and reviewed the ordinance. Community & Economic Development (CED) Director Michelle Groenevelt gave a brief review of the code revisions. The most significant changes are with the liquified petroleum gas equipment as proposed by the Fire District. Building Official John Powell went over the snow country requirements. CED Director Groenevelt stated there are some issues with the summary so it will need to be revised and brought back for approval. Council Member Holmes spoke to some of spelling and errors. City Clerk BessieJo Wagner interjected to state those errors have been identified and a clean copy of the ordinance will be provided at the next Council Meeting. Building Official Powell clarified for Council Member Sowers the propane code the Fire District proposed and the same that Valley County adopted. Staff answered questions about wording in 2.2.010 Permits Required Prior to the Issuance of a Building Permit – Section B, Chapter 11 Non- Conforming, and fire sprinklers. Diane Kushlan of Kushlan Associates joined the meeting and briefly explained the changes, additions, and reorganization of Title 2 for the Council and answered questions. Mayor Giles asked for public comments. No written comments were received by the Clerk and no one called in to give comment. The Council had no further questions and discussed whether they were ready to approve or to leave the public hearing open to see the revised final ordinance. The majority would like to see the final ordinance before approving so the public hearing is left open until the April 23 regular Council meeting. Council Member Nielsen moved to leave the public hearing open for McCall City Code Title 2 Building Regulations – CA-19-03 until April 23rd at 5:30 p.m. or as soon thereafter as the item may be heard. Council Member Holmes seconded the motion. In a roll call vote Council Member Nielsen, Council Member Holmes, Mayor Giles, Council Member Maciaszek, and Council Member Sowers all voted aye and the motion carried. AB 20-095 Request to Adopt an Ordinance Updating McCall City Code Title 3 Chapter 20 Historic Preservation Mayor Giles opened the public hearing at 6:31 p.m. Community and Economic Development (CED) Director Michelle Groenevelt presented McCall City Code Title 3 Chapter 20 Historic Preservation ordinance update. Currently, code provisions for historic preservation is Chapter 4 of Title 2 BUILDING REGULATIONS. This ordinance would relocate the chapter in its entirety, with some minor modifications and additions, to Title 3 PLANNING AND ZONING, as a new Chapter 20. The McCall Area Comprehensive Plan directs that: Policy 7.2 Preserve and interpret historic resources (objects, buildings, structures, sites, or places MCCALL CITY COUNCIL Page 7 of 16 April 9, 2020 Regular Meeting with historic, cultural, or aesthetic significance) in McCall for residents and visitors. In addition, policy and direction for historic preservation are contained in the 2011 adopted McCall Historic Preservation Plan. In light of this policy direction and since provisions for historic preservation are closely aligned with other planning and zoning requirements for design, development and non- conformities, it was determined to relocate the historic preservation requirements to title 3. On March 3, 2020, the McCall Area Planning and Zoning Commission held a public hearing, considered the ordinance and recommended to the City Council and County Commissioners that the ordinance be approved. The City Attorney reviewed and drafted the ordinance. As there are some changes to the ordinance, staff is requesting the public hearing be extended to the April 23 regular Council meeting. Diane Kushlan of Kushlan Associates explained the revisions and answered questions. Council Member Sowers questioned reason for the language of what substantiates a building or the plants or trees as a historical place. Ms. Kushlan and CED Director Groenevelt explained the process of determination and the lack of historical buildings in the City that would actually be deemed historical. No further discussion was had on this ordinance. Mayor Giles asked for public comments. No written comments were received by the Clerk and no one called in to give comment. Council Member Maciaszek moved to leave the public hearing open for McCall City Code Title 3 Chapter 20 Historic Preservation until April 23rd at 5:30 p.m. or as soon thereafter as the item may be heard. Council Member Nielsen seconded the motion. In a roll call vote Council Member Maciaszek, Council Member Nielsen, Mayor Giles, Council Member Holmes, and Council Member Sowers all voted aye and the motion carried. AB 20-096 Request to Adopt an Ordinance Updating McCall City Code Title 3 Chapter 19 Wireless Communication Facilities Mayor Giles opened the public hearing at 6:50 p.m. Community and Economic Development Director Michelle Groenevelt presented McCall City Code Title 3 Chapter 19 Wireless Communication Facilities ordinance update. The Zoning Code currently includes a conditional use permit for wireless communication facilities. This new chapter of the code would provide additional needed provisions for the types of wireless technology that has been reviewed in the past, as well as set the stage for the anticipated innovation in this technology in the coming years. The Federal oversight of wireless communication siting is primarily based on three federal laws. On March 3, 2020, the McCall Area Planning and Zoning Commission held a public hearing, considered the ordinance and recommended to the City Council and County Commissioners that the ordinance be approved with two minor corrections. Since that time, based on comments from the Public Works department, some additional amendments have been included. Substantive changes are noted in the summary. The City Attorney reviewed and drafted the ordinance. MCCALL CITY COUNCIL Page 8 of 16 April 9, 2020 Regular Meeting Diane Kushlan of Kushlan Associates gave an overview of the ordinance update of the new chapter explaining the purpose, general locations, development standards, prohibitions, permits and applications, and operations, modifications and abandonment. The Council did not have any questions. Mayor Giles asked for public comments. No written comments were received by the Clerk and no one called in to give comment. Mayor Giles asked if all pieces were ready to move forward for approval. City Clerk BessieJo Wagner stated the ordinance summary is not but the Ordinance is ready. City Attorney Bill Nichols advised to suspend the rules and approve the ordinance but remove the language to publish the summary. The Council stated they had no further questions and would like to move forward. Mayor Giles closed the public hearing at 7:12 p.m. Council Member Holmes moved to suspend the rules and Read by title only, one-time only Ordinance 987. Council Member Maciaszek seconded the motion. In a roll call vote Council Member Holmes, Council Member Maciaszek, Mayor Giles, Council Member Nielsen, and Council Member Sowers all voted aye and the motion carried. City Clerk BessieJo Wagner read Ordinance No. 987: An ordinance of the City of McCall, Valley County, Idaho enacting Chapter 19, Wireless Communication Facilities, to Title 3, Planning and Zoning, of the McCall City Code, to provide for the placement, design and operation of wireless communication facilities consistent with the McCall Area Comprehensive Plan, promoting the sharing of facilities, the efficient use of land, and assuring compatibility with adjacent and nearby land use, 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 add definitions for antenna, private; antenna, public antenna; wireless collocation; decorative pole; public right of way; wireless telecommunication facility, major; wireless communication facility, small scale; and Sections 3.3.02, 3.4.02, 3.5.02, 3.5.05, 3.6.02 use regulations for residential, commercial, industrial and business park and public uses, to amend the category of tower or antenna structure, private to antenna, private; to delete tower or antenna structure, commercial; and to add antenna, public; small scale wireless communication facility; and major wireless communication facility. Council Member Maciaszek moved to adopt Ordinance No 987, updating McCall City Code Title 3 Chapter 19 Wireless Facilities Communication, and authorize the Mayor to sign all necessary documents. Council Member Holmes seconded the motion. In a roll call vote Council Member Maciaszek, Council Member Holmes, Mayor Giles, Council Member Nielsen, and Council Member Sowers all voted aye and the motion carried. AB 20-100 Request to Approve Resolution 20-06 Adopting a Utility Convenience Fee, a Non- Utility Service Fee, and an eCheck Fee Mayor Giles opened the public hearing at 7:18 p.m. MCCALL CITY COUNCIL Page 9 of 16 April 9, 2020 Regular Meeting City Treasurer Linda Stokes presented Resolution 20-06 adopting a Utility Convenience Fee, a Non- Utility Service Fee, and an eCheck Fee. At the regular council meeting held March 12, 2020 staff recommended a Utility Convenience fee of $2.95 per transaction and a Service fee for Non-Utility Payments of 3.25% plus $1.00. Non-Utility Payments – eCheck fee would be $0.50 per check. Council directed staff to proceed with a public hearing to establish the fees. Mayor Giles asked for public comments. Two written comments were received and read by the City Clerk: Judy Powers Arnt of 2200 Cross Creek Lane, Boise, Idaho wrote: Against. In McCall, we have seen all charges and taxes go up, up and never down or when the city stated that certain fees would go down when a certain fee was paid off, they just add more. We are taxed high for taxes, water, sewer and infrastructure and they never go down. Mark Butti of 334 Carmen Drive, McCall wrote: Neutral. Where can we obtain access to view this particular piece of proposed legislation in its entirety? No one called in to give comment. City Treasurer Linda Stokes addressed the first public comment explaining there is a cost to the city that needs to be covered. Customers who want to use a credit card can avoid the fee if they come into City Hall to pay. It is a matter of choice. The Council had no more questions and were ready to close the public hearing. Receiving no further public comments, Mayor Giles closed the public hearing at 7:30 p.m. The Council deliberated and agreed to move forward. Council Member Nielsen did express that he feels it is not a convenience to pay with a credit card especially when using autopay is not an option due to tight finances. Council Member Sowers moved to adopt Resolution No. 20-06 setting adopting a utility convenience fee, a non-utility service fee, an eCheck fee and authorize the Mayor to sign all necessary documents. Council Member Maciaszek seconded the motion. In a roll call vote Council Member Sowers, Council Member Maciaszek, Mayor Giles, and Council Member Holmes all voted aye and Council Member Nielsen voted no and the motion carried. AB 20-107 Request to Approve the Development Agreement for Payette View Estate Condominiums Mayor Giles opened the public hearing at 7:34 p.m. City Planner Morgan Bessaw presented the Development Agreement for Payette View Estate Condominiums. Payette View Condos, SUB-04-17, was approved by the McCall City Council on November 10, 2005 for fourteen (14) condo units. The applicant was required to enter into a development agreement with the City at that time, however, the approved development agreement was never signed and recorded, although the final plat was recorded. MCCALL CITY COUNCIL Page 10 of 16 April 9, 2020 Regular Meeting Eight (8) of the fourteen (14) units have been constructed. The project has since changed hands and the new property owner would like to finish the project by constructing the last six (6) condo units. After discussions with the City Attorney, it was determined that although the development agreement was not signed, it does not absolve the developer from the requirements of the original application and draft development agreement that was approved in 2005. The City and current property owner have reviewed the old draft development agreement and made a few minor changes. The most significant of which, is the removal of seven public parking spaces within the undeveloped Parkdale right-of-way. Approval of this development agreement will allow the developer to pull the building permits for the remaining units. During the McCall Area Planning and Zoning Commission’s regularly scheduled February 4, 2020 meeting, a public hearing on the application was heard and the Commission unanimously recommended the application to the McCall City Council for approval. Conditions of Approval: 1. The applicant shall obtain the approval of the city arborist to remove any tree over 12 inches in diameter. 2. The applicant shall not remove any tree on the riverbank within 10 feet of the special flood hazard area. 3. The applicant shall construct all utilities underground. 4. The applicant shall construct an improved gravel path six feet wide along the south portion of Pinedale and along the top of bank along the river behind all twelve condo units. 5. The applicant shall construct to City standards an improved gravel pathway six feet in width within the Parkdale right-of-way, from the intersection with Rowland St. connecting to the pathway along the eastern portion of the property at the top of the riverbank. 6. The applicant shall sign the pathway as open to the public and shall be responsible for all maintenance and upkeep to the pathway, both within the right-of-way and on the subject parcel. 7. The applicant shall install a log pole fence along the riverbank edge of the pathway behind all twelve condo units. 8. The applicant shall dedicate an easement for the pathway along the top of bank, landings, etc. to the public. 9. The applicant shall provide an easement to the City of McCall from the top of bank to the high-water mark to be utilized as a boat launching facility. The City will install the facility at the City’s discretion. 10. The applicant will participate in the cost of improving lift station No. 7 in lieu of constructing an on-site lift station. The financial participation shall not exceed the cost of constructing the applicant's proposed on-site facility. 11. Prior to issuance of a building permit, the applicant shall receive final engineering approval for a stormwater management plan. 12. The applicant shall complete all easement dedications and pathway improvements by December 31, 2021. Applicant Tim Davis introduced himself and availed himself for questions. Staff clarified some minor items for the Council. MCCALL CITY COUNCIL Page 11 of 16 April 9, 2020 Regular Meeting Receiving no written or public comments, Mayor Giles closed the public hearing at 7:48 p.m. Council Member Maciaszek moved to approve the Payette View Estate Condominiums Development Agreement and authorize the Mayor to sign all necessary documents. Council Member Holmes seconded the motion. In a roll call vote Council Member Maciaszek, Council Member Holmes, Mayor Giles, Council Member Nielsen, and Council Member Sowers all voted aye and the motion carried. BUSINESS AGENDA AB 20-108 Request for Approval of Thompson Place Planned Unit Development Final Plan (PUD-18-03) and Subdivision Final Plat (SUB-18-06) City Planner Morgan Bessaw presented Thompson Place Planned Unit Development Final Plan (PUD-18-03) and Subdivision Final Plat (SUB-18-06). The applications were received for a Planned Unit Development Final plan and Subdivision Final Plat for Thompson Place, a sixteen-unit condominium complex comprised of four fourplex structures, twelve dwelling units to be deed restricted local housing. The project meets the underlying zoning approved by the companion application (ZON-18-03) which increased the zoning from R8 – Medium Density Residential to R16 – High Density Residential. The applicable regulations under Title III and Title IX of McCall City Code are met. Both the PUD Final Plan and Final Plat are in conformance with the approved preliminary plat and PUD General Plan as is required by McCall City Code. During the McCall Area Planning and Zoning Commissions regularly scheduled February 4, 2020 meeting, the Commission reviewed the applications and recommended both the Thompson Place PUD Final Plan and Final Plat to the McCall City Council for approval. Conditions of Approval: 1. Approval of Planned Unit Development final plan application PUD-18-03 and subdivision final plat application SUB-18-06 shall be contingent on City Council approval of both applications. 2. Prior to issuance of a building permit, the applicant shall: a. Complete the off-site improvements, as described in the Applications for PUD 18-03 and SUB 18-06 or shall financially assure completion of the same in compliance with the applicable provisions of the McCall City Code (MCC 9.6.067). b. Construct and receive final acceptance of water service infrastructure. c. Execute a public snow storage area on the subject parcel in an area and of a size to be approved by the McCall Public Works Director. d. Receive approval from the Payette Lakes Recreations Water and Sewer District for the sewer line extension and purchase of sewer connection permits. 3. Prior to issuance of a final Certificate of Occupancy, the applicant shall: a. Complete the onsite improvements including landscaping, walkways, site grading, storage buildings, trash enclosures, lighting, and amenities, as shown in the Applications for PUD 18-03 and SUB 18-06. MCCALL CITY COUNCIL Page 12 of 16 April 9, 2020 Regular Meeting b. Complete all off-site street, sidewalk, utility and stormwater improvements as represented in the final civil plans approved by the McCall City Engineer. c. Address the units as requested in accordance with the McCall Addressing Guidelines. 4. The applicant shall financially assure the undergrounding of any overhead utilities (MCC 9.6.02) located along the Thompson Avenue property frontage up to $70,000. Additionally, all utilities within the project shall be installed underground, including any propane tanks. 5. Per MCC 3.14.052, parking area lights shall be no taller than 17 ft. 6. 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 within sixty (60) days of completion of the construction. 7. The final plat shall be filed with the county recorder by the applicant within eighteen (18) months after written approval by the city council (or board). Otherwise, such approval shall become null and void unless the applicant, prior to said filing date, applies for an extension and such extension is granted by the city council (or board). The Council did not have any questions. Council Member Nielsen moved to approve the Findings of Fact, Conclusions of Law, Decision documents for PUD-18-03 Final Plan and Final Plat SUB-18-06 and authorize the Mayor to sign all necessary documents. Council Member Sowers seconded the motion. In a roll call vote Council Member Nielsen, Council Member Sowers, Mayor Giles, Council Member Maciaszek all voted aye and Council Member Holmes voted no, and the motion carried. AB 20-105 Request to Approve the Letter of Additional Service #03 for Relocation of Existing Pressure Sewer Main for City Campus with Ratio Design Public Works Director Nathan Stewart presented the letter of Additional Service #03 for relocation of existing pressure sewer main for City Campus with Ratio Design. Early in 2020, Ratio Design (formerly Humphries Poli), identified the existing Payette Lakes Recreational Water and Sewer District (PLRWSD) pressure sewer main (PS) located within the City’s campus conflicts with the proposed new library and campus plaza infrastructure. In reviewing this with the City’s engineering team and the City Manager, it is recognized that relocating this pressure sewer main is in the best interest of the City so that the City Campus property can be maximized to its full potential. Relocating the PS away from significant infrastructure and in a location that can easily be maintained by PLRWSD reduce impacts to the campus’s functionality and financial hardship for both agencies over the long term. Staff have identified that the timing of this relocation needs to be coordinated with the rdst commencement of the reconstruction of Park Street (DC-PH-2B, between 3 and 1) to avoid having to cut/excavate into the newly reconstructed Park Street in the future. The first step in understanding the anticipated total cost of relocating the pressure sewer main is to complete the engineering design. Included herein is Ratio Design’s design proposal. The proposal identifies Crestline Engineers as the civil engineering sub-consultant to complete the relocation design, while still working with Ratio Design to assure the relocation will not conflict with the proposed improvements of the campus master plan, south of the proposed library. Crestline is familiar with the project site and the 2020 Park Street improvements, as they are also working for the City on behalf of Horrocks to conduct construction engineering inspection (CEI) services for the Park Street reconstruction. Staff seeks Council approval of Ratio Design’s Letter of Additional Service #3. MCCALL CITY COUNCIL Page 13 of 16 April 9, 2020 Regular Meeting Council Member Holmes wanted to know if this should wait until after the Bond Election. Public Works Director Stewart explained that waiting until after the election would push the project out too late into the season to be completed with the current construction on Park Street scheduled for this summer and thus causing the new road to be torn up. The Council had no further questions. Council Member Maciaszek moved to approve the Letter of Additional Service #03 for Relocation of Existing Pressure Sewer Main for City Campus with Ratio Design and authorize the Mayor to sign all necessary documents. Council Member Holmes seconded the motion. In a roll call vote Council Member Maciaszek, Council Member Holmes, Mayor Giles, Council Member Nielsen, and Council Member Sowers all voted aye and the motion carried. AB 20-102 Utility COVID-19 Relief Discussion AND Provide Direction to Staff City Treasurer Linda Stokes presented Utility COVID-19 Relief discussion. To date the Treasurer has received three calls from Water Utility customers inquiring about what the City is doing to provide relief to utility rate payers during this uncertain time. Staff anticipates the number will increase once bills are mailed out April 13. Providing clean drinking water to the citizens of McCall is a vital essential service performed by the City of McCall. Center for Disease Control (CDC) guidelines strongly encourage hand-washing and proper hygiene practices during this period. Additionally, Idaho’s Governor has issued a Stay at Home Order through April 15. In order to ensure residents who are staying at home have water services during this emergency time, the Council may wish to provide relief to those facing hardships paying their utility bill. Staff has identified the following options for Council consideration to provide relief to City rate payers during the COVID-19 pandemic:  Suspend billing of, or waive penalty charges, on late payments  Suspend billing of, or waive service charges, on delinquent accounts  Suspend shutting off delinquent accounts for non-payment  Encourage Utility rate payers to pay what they can to keep account balances from becoming overwhelming  Enter into payment arrangements for those customers that request assistance with their bills City Manager Anette Spickard stated she feels it is a good idea for the City to do what it can to help the community. The Council briefly discussed. Each Council Member was supportive of the five ways to provide relief to the rate payors as outlined by staff. Council Member Holmes moved to approve the five separate bullet points outlining what direction the staff should provide regarding relief for city utility rate payors during the coronavirus for three months. Council Member Sowers seconded the motion. In a roll call vote Council Member Holmes, Council Member Sowers, Mayor Giles, Council Member Maciaszek, and Council Member Nielsen all voted aye and the motion carried. AB 20-111 COVID-19 Pandemic Update, Review of the Declaration of Emergency, and Request Direction to Staff Regarding the COVID-19 Pandemic Police Chief Justin Williams presented COVID-19 Pandemic update and how it is affecting the City of McCall. He gave an update of the current status of the State and County infection rate. He shared Parks and the Golf Course will be moving forward with spring operations to prepare lawns, flower MCCALL CITY COUNCIL Page 14 of 16 April 9, 2020 Regular Meeting beds, etc. Valley County had extended their emergency order regarding short term rentals to May 15, are urging citizens to not travel to or from the County and are working on an enforcement mechanism. The County has a mandatory 14-day quarantine if any of their staff leaves the County. The City only requires a quarantine if anyone leaves the State. The City is working with ICRMP and the City Attorney for advice and currently using education as the method of enforcement. This is the time of year where the “snowbirds” (people who live in southern climes during the winter) are coming back and seasonal employees are moving here for work. Currently, the City can only legally ask for self- compliancy for a 14-day quarantine. He reported there are less people visiting which means less calls for police service, and St. Luke’s reported less people in the hospital as no one is coming in for surgeries, etc. and thus they have furloughed some of their staff. He was happy to report no increase in domestic violence cases. The Police department is practicing segregation at shift changes to protect themselves from contamination, and the Idaho State Police are available as a backup if City police staff become infected. On March 16, 2020 the Mayor and Council declared a state of emergency in the City of McCall which enacted the following: The plans and procedures of McCall, Valley County, State of Idaho Emergency Operations Plan were implemented. The nature of the emergency was the occurrence and imminent threat to public health and safety arising from the effects of COVID-19. The area threatened by the emergency and subject to this proclamation includes the City of McCall, Valley County, State of Idaho. The state of emergency shall exist for a period of thirty days unless terminated, modified or unless extended for thirty-day increments by the McCall City Council. City departments are directed to utilize state resources and to do everything reasonably possible to assist affected political subdivisions to respond to and recover from COVID-19. This proclamation serves to assist in efforts to deal with the public health emergency of COVID- 19 in Idaho. City licensing departments are authorized to temporarily exercise enforcement discretion, implement temporary rules, and waive licensing and related requirements to maximize access to health care services and provider support in response to COVID-19. City Manager Anette Spickard shared that the City will be reaching out to businesses with health guidance and the requirement of City contractors to provide certification of how they are adhering to the CDC orders. She gave an update of reimbursement for COVID-19 expenses. The Governor will be addressing the isolation order on April 15. As April 15 will mark the 30 days this declaration was enacted for, she would like have a special meeting with Council on April 15 after the Governor’s call to discuss the possible need to extend the time of the state of emergency for the City of McCall and determine if the Declaration needs to be modified. The Council was amenable to the special meeting. City Manager Spickard shared highlights form the conference calls with the State. The State Unemployment Office staff are having challenges processing all the applications received for assistance and are trying to implement updates to their computer system to allow for self-employed people to qualify. The State is working on the availability of more COVID-19 tests and coming up with a distribution formula to cities of financial relief created by the federal bill that passed for aid to States. At the City level, revenue projections for the local option taxes (LOT) will have to be modified due to the business closures restrictions on short-term rentals and lodging businesses as there will be a drop in the amount of money collected. The Federal dollars cannot be used to supplement this revenue so there will be a significant impact on what projects are funded through the LOT. City Attorney Bill Nichols and City Manager Spickard answered questions regarding the jurisdiction of MCCALL CITY COUNCIL Page 15 of 16 April 9, 2020 Regular Meeting the City if the Governor does not extend the Stay at Home order even though the County has. The City has jurisdiction 5 miles around the city and can make decisions inclusive of those areas as deemed fit be it to extend or not to extend the order. Upcoming Meetings Schedule Discussion Council discussed upcoming meetings. Council Member Nielsen requested a report on the Lakefork Recycling Center to be added to meeting schedule for May 9. A special meeting for April 15 at 4 p.m. was also scheduled. ADJOURNMENT Without further business, Mayor Giles adjourned the meeting at 8:54 p.m. ,`,``,���n►nup►►►"I of Mel. ,�� --s 7:6 4 r ATTEST: �•`l Robert S. Giles, Mayor O BessieJo Wagn , ity Clerk { MCCALL CITY COUNCIL Page 16 of 16 April 9, 2020 Regular Meeting