Loading...
HomeMy Public PortalAbout2020.05.21 Regular Council Minutes MINUTES McCall City Council Regular Meeting McCall City Hall--VIA Teleconference May 21,2020 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 5:32 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;Erin Greaves,Communications Manager;Linda Stokes,City Treasurer; Michelle Groenevelt, Community Development Director; Delta James, Economic Development Planner; Morgan Bessaw, City Planner; Kurt Wolf, Parks and Recreation Director; Chris Curtin, Information Systems Manager; Justin Williams, Police Chief, Also, in attendance was Steve Millemann, Millemann Pittenger & Pemberton LLP; Karla Eitel, McCall Public Art Advisory Committee; Lindsey Harris, McCall Area Chamber of Commerce; 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 Maciaszek 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. City Council Special Minutes April 24, 2020 MCCALL CITY COUNCIL Page 1 of 15 May 21, 2020 Regular Meeting 2. City Council Regular Minutes May 7, 2020 3. Payroll Report for period ending May 1, 2020 4. Warrant Register—GL 5. Warrant Register—Vendor 6. AB 20-141 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. Due to the COVID-19 emergency order, all permits were put on hold, but licenses are still being processed. The Clerk Report for the last two weeks was distributed to the Council. Action: Council review the License report. 7. AB 20-157 Treasurer's Monthly Report as Required by IC 50-208: Treasurer's report of accounts and activity of office during the month of April 2020 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 20-144 Treasurer's FY19 4th Quarter Report as Required by IC 50-208: Treasurer's quarterly report of accounts and activity of office during the months of July, August, and September 2019 regarding care,management, or disposition of moneys,property,or business of the City. The quarterly report for the last quarter of each fiscal year is not required to be published until after the fiscal year-end audit. Since the audit report was presented to the Council at the May 7,2020 meeting,the final quarterly report for the period ended September 30,2019(including audit adjusting entries)will be published on the Finance page of the City's website. Action: The Council shall examine the report and determine whether additional information from the Treasurer is required. 9. AB 20-142 Reg nest to Approve a Re-allocation of Local Option Tax Dollars for Little League of West Central Idaho: The Little League of West Central Idaho was awarded $1,500 for Snow Removal from Golden Glove Field. Due to the stay-at-home order, Little League was not able to start their season as early as hoped. Little League of West Central Idaho would like to use the$1,500 toward field improvements. Options include refreshing the infield with red dirt,creating warm up pitching and batting areas and making pitching mounds meet baseball requirements. The Parks and Recreation Director supports this request. A letter was received from the Little League of West Central Idaho requesting the re-allocation of funds.Action:Approve the request from the Little League of West Central Idaho to re-allocate Local Option Tax funds of$1,500 to baseball field improvements and authorize the Mayor to sign all necessary documents. 10. AB 20-143 Request to Approve a Re-allocation of Local Option Tax Dollars for McCall Winter Sports Club: The McCall Winter Sports Club (MWSC) was awarded $3,350 for the Hidden Valley Hoe Down event. Due to mandatory cancellations of large events, the event, MCCALL CITY COUNCIL Page 2 of 15 May 21, 2020 Regular Meeting which was scheduled for March 21-22, 2020, was cancelled. Of the amount allotted, $451.56 was used toward sunglasses with 2020 printed on them for participants.These items were non- refundable. MWSC would like to use the remaining $2898.44 toward athletic scholarships. There is an anticipated greater need for scholarships for the upcoming season due to Covid- 19. Winter 20/21 programming will go on sale in early June. A letter was received from the McCall Winter Sports Club requesting the re-allocation of funds.Action:Approve the request from the McCall Winter Sports Club to re-allocate Local Option Tax funds of$2898.44 to athletic scholarships for participants and authorize the Mayor to sign all necessary documents. 11. AB 20-145 Request to Approval the CARES Act Grant Agreement Grant No.3-16-0023- 029-2020: The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) is a Federal Program to provide emergency assistance for individuals, families, businesses and local governments affected by the 2020 coronavirus pandemic. The programs are divided into Family, Small Business, Impacted Industries and State/Local Government assistance. Under the CARES Airport Program, General Aviation Airports such as McCall will receive an apportionment of CARES Act funding. On April 15th, the Federal Aviation Administration announced that McCall Airport has been approved for $30,000 in CARES Act Funding. On April 24th, Council approved the funding application and now staff is asking for approval of the contract. Funds can be used for a wide range of operations, maintenance and capital improvement projects. CARES Act funds are covered under separate rules than the Airport Improvement program - funds and can be expended on a wider range of items with fewer restrictions. City Council has previously approved not expending the funds until the impact of the coronavirus' financial effects on the Airport Budget are known. Action: Approve the CARESAct Grant Agreement Grant No. 3-16-0023-029-2020 and authorize the Mayor to sign all necessary documents. 12. AB 20-146 Request to Approve Hangar 98 Lease with Dew Aircraft, Inc.: The attorney for Dew Aircraft, Inc. has recommended 3 changes to the Hangar 98 ground lease as detailed: Due to impact of COVID-19 on the construction industry,to change the date the construction must begin from 12 to 24 months, and the date construction must be complete from 24 to 36 months. (Para 17); Change the lease signatory from Douglas E. Walberg to Dew Aircraft,Inc. (After Para 41); Change the lease start date to July 1, 2020. (Para 13). The City Council had approved the original lease at the March 26 meeting. The contract has been reviewed by the City Attorney and staff has no objections to the recommended changes. Action: Approve Hangar 98 Lease with Dew Aircraft, Inc. and to authorize the Mayor to sign all necessary documents. 13. AB 20-147 Request to Approve T.O. Engineers Agreement for Construction Administration Services for AIP 3-16-0023-027-2020 - Taxiway Relocation Project: T-O Engineers submitted a contract for the Taxiway Relocation Project's construction administration services in the amount of $466,419.03. An Independent Fee Review by WHPacific estimated the Fee (IFE) for the engineering costs at$429,283.38. T-O Engineer's fees are $37,135.65 higher than the provided IFE. The difference is within Federal Aviation Administration (FAA) funding standards. This agreement is for construction administration services.A similar contract for design services by the same company was presented to Council on January 9, 2020. The contract for those services came in far under the estimated IFE and called out the need to provide a future contract for construction services.Action:Approve the T.O. Engineers Agreement for Construction Administration Services for AIP 3-16-0023-027- 2020- Taxiway Relocation Project and authorize the Mayor to sign all necessary documents. MCCALL CITY COUNCIL Page 3 of 15 May 21, 2020 Regular Meeting 14. AB 20-148 Request to Approve T-O Engineers Inc.Professional Services Agreement for the Airport Master Plan: T-O Engineers submitted a contract for the Airport Master Plan Project's Professional Services in the amount of $363,299.70. At the February 13, 2020 Council meeting, staff presented a Federal Aviation Administration (FAA) grant application for AIP 3-16-23-028-2020 — Airport Master Plan. The FAA recommends that airports undertake a review/revision of the Airport Master Plan every 5 years. This grant provided funding to hire a planning consultant to create a new Airport Master Plan. Per FAA funding rules, all grants over $100,000 must have an Independent Fee Evaluation by a different aviation consulting firm. A call for a request of qualifications for an engineering firm was advertised and T-O Engineers was selected as the engineering contact for this project at the February 27 Council meeting. WHPacific, an independent consultant, was approved by Council on March 26 to perform the IFE.The contract has been reviewed by the City Attorney. Action: Approve the Professional Services Agreement with T-O Engineers Inc. for Airport Master Plan AIP 3-16-0023-028-2020 and authorize the Mayor to sign all necessary documents. 15. AB 20-158 Request to Approve the Federal Aviation Administration grant award for the Taxiway Relocation Proiect AIP 3-16-23-027-2020: The Federal Aviation Administration (FAA) has determined the distance between Runway 16/34 and Taxiway A does not meet FAA standards. This grant award will provide the funding for the construction of a new parallel taxiway located 300 feet from the Runway. The FAA has awarded a grant of $7,861.402 which will provide funding for the demolition of existing pavement, earthwork, drainage, electrical systems, fencing, and constructing the new taxiway — along with engineering services and construction oversight. Construction is expected to commence on July 6 with an estimated completion in mid-October.The project will be completed in 5 phases to minimize impact on airport users. Coordination with all airport users will continue through construction. Action: Approve the Federal Aviation Administration grant award for the Taxiway Relocation Project (AIP 3-16-23-027-2020) and authorize the Mayor to sign all necessary documents. 16. AB 20-153 Request to Approve the JarMar Investments Letter of Credit with option to convert to an Escrow Agreement for the Thompson Place Condominiums: The applicant, JarMar Investments for the Thompson Place Condominiums, would like to pull a building permit prior to completion of public improvements, which shall be completed by December 31, 2020 per the approved development agreement. Financial guarantees for all deferred public infrastructure improvements are required per McCall City Code 3.10.10, and in accordance with the approved development agreement. The applicant has chosen to financially assure deferred improvements with a Letter of Credit, drafted by the McCall City Attorney,with an option to convert to an Escrow Agreement at a future date.Action:Approve the Letter of Credit with darMar Investments for the Thompson Place Condominiums and authorize the Mayor to sign all necessary documents. Council Member Sowers moved to approve the Consent Agenda as submitted.Council Member Holmes seconded the motion. In a roll call vote Council Member Sowers, Council Member Holmes, Mayor Giles, Council Member Maciaszek, and Council Member Nielsen all voted aye and the motion carried. MCCALL CITY COUNCIL Page 4 of 15 May 21, 2020 Regular Meeting PUBLIC COMMENT Mayor Giles called for public comment at 5:35 p.m. City Clerk BessieJo Wagner read one written comment by Douglas H. Irvine, MD-PhD of 223 Ferguson Way, McCall who wrote: Honorable McCall City Council Chair, Members & Citizens, Thanks for inviting written comments. In my comments as a local physician and a local citizen I have some really great news. We have a tested and confirmed way to fight the spread of this virus. It was just reconfirmed by the Mass General Brigham Hospital System in Boston. 1)Practice good hygiene especially of hands&surfaces;wash or sanitize your hands at least 10 times a day, and always upon entering a room and upon exiting a room. 2) Physically distance yourself effectively (>6 ft) and avoid, whenever possible, staying in crowded indoor spaces for more than 20 to 30 minutes. 3) Use any mask to cover your nose and mouth in public to protect those around you from droplets whenever you sneeze, cough, speak loudly, sing or even just breath. 4)Isolate yourself as long as you can manage if you develop a cough, a fever greater than 100.4*F or any signs or symptoms of illness. Also isolate yourself if you have been exposed to anyone suspected of having COVID-19 or after you have returned from travel outside of Idaho. Keep yourself safe and isolated for 14 days past any signs, symptoms or added risk factors. This approach has worked in the hotspots for COVID-19 in Boston and in other hotspots for COVID- 19 around the world. Let's keep it working here in McCall and in all of our rural mountain communities too. We have the esteemed Professor Atul Gawande from Harvard Medical School to say all of the above and write about all of the above much more eloquently. Links to Dr. Gawande's written words published nationally just last Wednesday 5/13 and his interview broadcast nationally just last Sunday 5/17 are provided below. They are well worth everyone reading,watching, and carefully considering to immediately put into each of our daily personal practices. I consistently use all four steps above when taking care of patients in the hospital and operating rooms and have done so over the past 28 years. They have worked without fail to prevent my getting and more importantly to prevent my spreading many life-changing and even deadly viral, bacterial and prion diseases, which include Hepatitis B, Hepatitis C, HIV, SARS, MERS, Influenza, bacterial meningitis, and spongiform brain wasting disease (e.g., mad cow disease). Since the start of this pandemic in Idaho,I have been practicing all four steps both inside and outside the hospital to prevent getting and more importantly to prevent spreading the COVID-19 virus. Please keep yourself and everyone around you safe and healthy by making the above four steps part of your daily personal practice, and please with utmost kindness and caring encourage everyone you can to do the same. Thanks again, Douglas H. Irvine, MD-PhD Links provided by Dr. Irvine: MCCALL CITY COUNCIL Page S of 15 May 21, 2020 Regular Meeting https://www.neygorker.comisciencelmedical-dispatchlamid-the-coronavirus-crisis-a-regimen-for- reentry https://www.cnn.com/videos/tv/2020/05/17/exp-gps-0517-gawande-on-the-regimen-for- reopening cnn Hearing no additional comments, Mayor Giles closed the public comment period at 5:39 p.m. PUBLIC HEARING AB 20-154 Request to Approve VAC-19-01: Vacation of Roosevelt Alley, associated Escrow Agreement, and Parks Donation Agreement Mayor Giles opened the public hearing at S:40 p.m. City Planner Morgan Bessaw presented the Vacation of Roosevelt Alley, associated Escrow Agreement,and Parks Donation Agreement.A Vacation Right of Way application to vacate a portion of an unnamed City alley which separates multiple parcels under single ownership.The City does not have any known utilities within the alleyway area subject to be vacated. Access to the subject properties from Pine St. shall be prohibited. All parcels will continue to have access from either Roosevelt or Louisa Ave. Planner Bessaw indicated that there is public interest in improving Roosevelt Park, which is located where the alley is platted. The Kempthorne's propose to donate $30,000 to the City to help fund improvements to Roosevelt Park and to make up for the potential to use this section of platted alley for pedestrian or other recreational purposes.If the Park improvements are not completed on or before December 31,2021,the Kempthornes will be entitled to access and use the remaining available funds to complete the Park improvements pursuant to the final approved design, or as much of the uncompleted Park improvements as the remaining funds permit. At its December 10, 2019 regularly scheduled meeting,the McCall Area Planning and Zoning Commission held a properly noticed public hearing and unanimously recommended the applications for approval by McCall City Council. Two letters of support were received in support of these applications. Before moving forward to hearing from the applicant, Mayor Giles asked the Council for their thoughts. Council Member Sowers wanted to know the benefit to the City. Council Member Holmes does not like to have a monetary value tied to an item such as this but overall does not have an issue with the vacation. Council Member Maciaszek felt it was very important to be cognizant of the big picture and futuristic thinking before giving up City land. He believes the City should make sure alleyways are available to all adjacent property owners on an equitable basis and to have a policy in place for city-owned parcels that is directive to ensure the land is available to others and not just one person or group and to have careful consideration regarding possible future land use and public access issues including vehicles, bikes, walking pathways, and utility infrastructure even if there is not an immediate need. He brought up issues regarding the alleyway needing consideration are the properties on Louisa Avenue for future landowners regarding driveways and garages due to access issues,the City required design guidelines and code affecting the small non-conforming lots to the north, and issues with a MCCALL CITY COUNCIL Page 6 of 15 May 21, 2020 Regular Meeting defaulted development on Dawson Avenue that is ongoing. Point in case,Dawson Avenue was given over to the developer and still owned by the property owner. The only way the homes on Dawson Ave between Pine and Spruce Streets can sell or transfer ownership and have title insurance is because of a legal access to the alleyway. When giving away City rights-of-way, it is difficult to get back and he does not feel it is the right thing to do. Council Member Nielsen said his concerns were voiced by Council Member Maciaszek and was in agreement. Steve Millemann, attorney representing the applicants, presented to the Council the plan for the Kempthome properties. The property owners have been aggressive in cleaning up and beautifying the properties. The alley is unimproved and there is no plan to improve it. The application is just for the portion adjacent to the Kempthome properties on both sides and not to vacate the remainder to the north to allow future alley access. The neighbors received notice to attend a neighborhood meeting where several attended and no opposition was expressed. The only one letter of opposition was submitted to the Planning and Zoning public hearing. He gave the reasons the vacation would be suitable. He felt vacations are unique and should be addressed individually. He addressed the Council's questions and comments. He stated this vacation will not affect any other property owners' rights and the City will retain 100% of the design of the park. The applicants want to see the public benefit from this as well. Mayor Giles called for public comment at 6:10 p.m. City Planner Bessaw first read the Conditions of Approval: 1. Access to any of the subject parcels shall be forbidden from Pine Street. Access to the parcels adjacent to the section of alley to be vacated shall be from either Louisa Ave. or Roosevelt Ave. 2. The applicant shall prepare for City review all necessary paperwork to execute any deed to transfer title to the vacated street. 3. Prior to the City's execution of any deed to transfer title to the vacated street,the newly vacated alleyway shall be combined with the adjacent parcels and parcels RPM0172015018A and RPM0172015023C will be required to be combined into a single parcel through the record of survey process. 4. Prior to the City's execution of any deed to transfer title to the vacated alley, a 12' wide Snow Storage and Utility Easement shall be dedicated to the City from Parcels RPM0172015018A and RPM0172015023C along Louisa Ave. and Pine Street City Planner Bessaw read into the record a letter from Rick Darmody who wrote: My name is Rick Darmody, and my wife and I own the building at 1306 Roosevelt Ave in McCall. We live in Boise primarily, but enjoy spending as much time as we can in McCall. I would like to share a few thoughts about the application referenced in the subject line.I would like to start by saying that I do not know the Kempthome's and my opposition to this application has nothing to do with them or their property. 1. I do oppose this application. 2. I don't understand why the city would give away right of way that it already has. Regardless of whether it's being used for its intended purpose currently (as an alley to access property) or not, I cannot see an advantage to the city of giving up this possible use in the future. MCCALL CITY COUNCIL Page 7 of 15 May 21, 2020 Regular Meeting 3. If this alley is vacated,it appears that it could cause access issues in the future with the adjacent properties that share the alley located on Louisa Ave. I recognize that the vacation doesn't go all the way to the property line of the large parcel on Louisa, but the remaining access may not be sufficient for any future development of that Louisa Ave. property. 4. Finally, and I say this with all due respect to the Kempthorne's and the city, but the offer to donate money to develop the park at the corner of their property seems as though it should be separate from this application.If the Kempthorne's want to donate money to help develop that park, I think that is wonderful. Tying that donation for the park to this application could be seen as a quid pro quo whether intended as such or not. Thank you for reading my comments and taking them into consideration. City Clerk BessieJo Wagner read a letter received from Jim Zokan who wrote: 1. I am not for the city giving up public land/right away for private interests. 2. Landowner asking for city of McCall to give up alley right of way between two properties he owns.No! 3. Owner has unauthorized infrastructure within alley right of way (irrigation and electrical) 4. Owner is bribing city with$30k to take deal. This is not how city should operate. 5. City has asked other residents to use alley for future property improvements.New garages.Rather than come off street use alley. This is more aesthetically pleasing and offers more flexibility to property owner with reduced set back from alley. 6. City wants more affordable housing. Alley accessed accessory dwellings would fit that demand. 7. Dawson Ave 1 block from alley in question was rezoned by city in 2005 and given to private development.City is now working on getting the street(city right of way)back,costing city/public tax money to do so. 8. Giving up city land reduces cities options for future land decisions. 9. Even if the city was still in favor of selling the land to this private landowner it should not be done willy nilly. Just like Annexation of land, there needs to be a process for disposal as well. An ordinance needs to developed to go through appropriate channels. 10. Again, I am not for the city giving up public land/right away for private interests. City Clerk Wagner asked for public comment from phone listeners and none were given. The Council discussed. Council Member Sowers had his questions answered by Mr. Millemann and had no further questions. Council Member Holmes had a concern about Council Member Maciaszek having a residence in Mr. Darmody's complex and his proximity to the project. City Attorney Bill Nichols commented that he did not think a landlord/tenant relationship constitutes a conflict of interest under the statutes but thought it would be helpful if Council Member Maciaszek disclose the circumstances and then the Council could make a decision on whether it is a conflict of interest or not. Council Member Maciaszek explained he lives in the building that Mr. Darmody owns, and his understanding is Mr. Darmody had received a letter regarding the vacation and responded. City Attorney Nichols stated the next question is whether this relationship will have any bearing on Council Member Maciaszek's decision making process for this project. Council Member Maciaszek stated it did not. He received the letter the same time as everyone else and did not feel his decisions have anything to do with his relationship with Mr. Darmody. Council Member Sowers, Council MCCALL CITY COUNCIL Page 8 of 15 May 21, 2020 Regular Meeting Member Holmes, Council Member Nielsen, and Mayor Giles all stated they were comfortable with Council Member Maciaszek being included in the decisions on this item. Mr. Millemann stated he takes issue with the public comments about how the City should never give away land as this is not a giveaway but rather a diligent assessment by City Staff and Planning and Zoning Commission of the overall public's best interest as well as the applicants' desire to do good for their community. He views this segment of alley has no public purpose, but the improvement of the public pocket park will. He stated the City can always demand a secondary access for the Louisa parcel if there is a need and the potential use off Fir Street has not been taken away. There has been two public hearing on this item with a neighborhood meeting where most were in favor of the project, and all City ordinances and State codes have been followed. The Council deliberated. Mr. Millemann clarified the width of the alley. Council Member Nielsen expressed concern regarding the donation and the land loss in the pocket park that is the most southern end of the alley. Mr. Millemann stated he did not think the applicants would be against moving the vacation line north. City Planner Bessaw clarified the small rectangle would be split between the City and the applicants. Council Member Nielsen stated he would prefer to keep the southernmost end. Council Member Maciaszek did not have as much concern for the small rectangle, however, is still concerned about future issues and does not feel vacation is the right choice. Council Member Holmes liked the idea of keeping the small end piece of alley for the park but is not averse to the division the way it stands. She liked the combination of the applicants' two parcels and does not have any issue with the vacation of the alleyway. Council Member Sowers was concerned about zoning issues and staff clarified the only property being combined was the two parcels on the east (Louisa Ave side) and not the combination of all parcels. Council Member Sowers was also concerned with the donation making it appear this was a sales transaction and would prefer to see that piece done differently. Mayor Giles shared he had asked the question regarding the donation when he met with the City Manager and this type of interaction is a common way to deal with vacations of this nature that is fully disclosed. City Manager Spickard explained it is a normal practice for right-of-way vacations to have the requirement the public be reimbursed for the value of the property being given up. City Attorney Nichols pointed out the City's interest associated with this property is as an access and utility easement. The question is "is it in the public's interest" for the Council to consider. It can be considered without the donation if the Council would so want and the applicants could donate funds separately. Mr. Millemann commented on Council Member Nielsen and Council Member Maciaszek's concerns with the appearance of the donation. He wanted to clarify the Kempthornes feel strongly towards a public benefit and giving back to their community in place of the City land lost in the vacation. It could be viewed differently but the applicants truly want this to be a positive outcome. Mayor Giles closed the public hearing at 6:54 p.m. Mayor Giles suggested amending the application to remove that sliver to the south when the motion is made. MCCALL CITY COUNCIL Page 9 of 15 May 21, 2020 Regular Meeting Council Member Holmes moved to approve Vacation of Right of Way application VAC-19-01 as recommended by the McCall Area Planning and Zoning Commission and amended to exclude the Southern piece of the western border 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 Giles,and Council Member Nielsen all voted aye,and Council Member Maciaszek voted no, and the motion carried. Council Member Holmes moved to approve the Parks Donation Agreement 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 Giles, and Council Member Nielsen all voted aye, Council Member Maciaszek voted no, and the motion carried. Council Member Holmes moved to approve the Escrow Account Agreement 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 Giles, and Council Member Nielsen all voted aye, Council Member Maciaszek voted no, and the motion carried. BUSINESS AGENDA AB 20-151 Public Art Advisory Committee Annual Report Karla Eitel, Chair, McCall Public Art Advisory Committee (PAAC) presented the annual PAAC report to City Council. The mission of the 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) and consists of seven volunteer members appointed by City Council to three-year terms. Ms. Eitel went over the yearly highlights including the Lardo Bridge artwork installation, Railroad Ave mural repairs on three panels that show cased more student artwork, collaboration with the Middle School art teacher to replace the vinyl images on the Bus shelters, inventory and assessment of all of the City public art,and the joint work session with the Council. A new call to artist was made for the Downtown Art Project and a separate selection committee went through the applications who selected the artists. Those proposals are in process, but the pandemic has caused challenges in developing a plan for public outreach. The PAAC has selected a consultant to help with the process of updating the City Art Plan. A recommendation will be coming before Council soon. Funding has been received for the final project with the Urban Renewal and the selection process has begun. She thanked the Council for their support of this program. Mayor Giles and the Council expressed their appreciation of the committee's work to give the City public art.Economic Development Planner Delta James commented that the committee is really great to work with and there are some great projects on the horizon. AB 20-152 Fourth of July Celebration Discussion and Direction to Staff Communications Manager Erin Greeves presented the Fourth of July Celebration Discussion. In 2019,McCall City Council approved a 2-year extension of a Memorandum of Understanding(MOU) between Idaho Parks and Recreation(IDPR)and the City of McCall for alcohol restrictions in McCall City Parks.The MOU expires in 2021. Staff presented information regarding the MOU to Council on March 12, 2020. Council had directed staff to move forward with a resolution once Valley County had made a decision for the event, however, due to the COVID-19 pandemic more discussion needs MCCALL CITY COUNCIL Page 10 of 15 May 21, 2020 Regular Meeting to be had. She briefed the Council of what activities will be available and shared the collaboration with the Chamber of Commerce to create events while meeting the safety requirements of the CDC. She shared the Chamber executive team had made the difficult decision to forego the fireworks event this year due to issues with meeting the CDC guidelines for safety and touched on the community survey regarding the event. She spoke about the process used for ideas for the 4th of July and stated a comprehensive plan will be presented later in June. Lindsey Harris of the McCall Area Chamber of Commerce shared their view of the decision to not put in an application for fireworks this year, what efforts and decisions have been made for planning the event and spoke to the survey the Chamber had put out to the community. The survey had 800 respondents with comments ranging from one end of the spectrum to the other in whether to hold the fireworks event. The Council shared their thoughts.Council Member Nielsen would like to hear the whole presentation more before discussing. Council Member Sowers was not happy the fireworks event was canceled and would like to discuss the possibility of another entity to host. Council Member Holmes had mixed feelings about the decision. She feels bad for those who had to make this decision as there really is no right way. People will be here anyway and watching the fireworks event at Shore Lodge. Personally, she is of the opinion that if people are offended by the possible contact,then those people can choose not to attend. Council Member Maciaszek felt the survey was important and valuable and understands that it is not an easy decision. He wanted to affirm there is something to be said about being prudent and being thoughtful of the big picture and thanked the staff and the Chamber for doing a great job. Mayor Giles agreed with Council Member Maciaszek. Council Member Nielsen stated he had not seen the results of the survey and would like to see those. Police Chief Justin Williams presented the alcohol restriction discussion. He briefly shared the County and Idaho State Parks are considering implementing restrictions tentatively from June 29 thru July 6. However, he recommends the City only have the restriction on waterfront parks from July 3 thru July 5 as this is the first time since the restrictions have been in place where the holiday falls on a Saturday. This year is also the last year of the MOU the City has with the County. Police Chief Williams also spoke about the health and safety issues of mass congregation regarding the fireworks and being good stewards of the people. He stated Shore Lodge is holding off until mid- June to put in their fireworks application. He pointed out the application has to be approved by him so he will be assessing if the public safety outweighs the public need before signing off on the fireworks display. He has been in contact with the Sabala family and has explained he will only tentatively approve the application until they can provide how they will manage safe distancing of the crowd. Communication Manager Greaves clarified the Chamber is who manages the fireworks event and applies for local option tax dollars to help pay for it and solicits local businesses for donations. Due to the uncertainty of the coming weeks and the requirement to place an order for the fireworks by June 1,the Chamber did not want to purchase fireworks they would not be able to use. The CDC recommends sanitation stations which must be cleaned often in big crowds and the City does not have the staff to handle overseeing those stations. Staff is asking Council to give direction on the hosting of Liberty Fest, inclusive of vendors, fireworks displays and dates for alcohol restrictions in McCall city parks. MCCALL CITY COUNCIL Page 11 of 15 May 21, 2020 Regular Meeting Police Chief Williams Justin stated all decisions have been made in conjunction with what is recommended by the Governor and the CDC regarding health and safety. There is no guarantee the State will move out of stage 4 of the Rebound plan which only allows for small gatherings of under 50 people. It is difficult to make plans based on this scenario. He feels it would be horrible if there is a huge spike of spread through the community and State that came about through community spread during the McCall fireworks display. The Council discussed. Mayor Giles shared he does not feel there is much choice to anything other than what is recommended due to the necessity to protect the community.Council Member Maciaszek agreed with Mayor Giles and trusted Police Chief Williams' leadership nor wants to see the police staff put at risk.He appreciates the thought and effort of all involved to make these difficult decisions and feels it is important to follow their recommendations. He also felt it important to have the alcohol restriction as recommended as this is the first time since the MOU has been implemented that the holiday falls on a weekend and that data is needed. Lindsey Harris gave a background to the hard decision made by the Chamber. The Chamber feels strongly it is more important to save lives by doing all they can to prevent an outbreak of the virus but feels a celebration can still be had. Council Member Nielsen thanked the Chamber for all of the thought that went into the decision-making process. His expressed concern for the police force and the burden that may come about by those who feel defiant about the decisions that have been made. He pointed out the fireworks are not a City ran function and understands the economic setbacks these decisions will have, but he feels the safety of the community is very important. Council Member Sowers feels the decisions have already been made for the Council and believes there is something bigger at play than this pandemic. He feels this is an overreaction and does not agree with the decisions made. He believes people should have the freedom to make their own choices on what to do and not the City of McCall's decision. He feels it is each person's responsibility to take this risk. Mayor Giles was doubtful the Council has the consensus to make a motion. City Manager Anette Spickard stated the only motion that the Council needs to make at this time is the alcohol restrictions. Regarding the fireworks display, she felt it is important for the City and the Chamber to work cohesively and the fireworks is only piece of the celebration that has been cancelled. She shared there are other communities doing the same thing. This has been a difficult year with difficult decisions to be made to the best interests of the community. Staff explained what events have been planned for the July 4th Celebration. The Council discussed the proposed alcohol restriction. Council Member Sowers and Council Member Holmes both did not want alcohol restrictions. Police Chief Williams clarified it would be a violation of the MOU with the County if the City did not place any restrictions and another meeting would need to be had to rescind the MOU. Council Member Nielsen wanted to know what is happening in other communities and what the communications have been with the Governor. City Manager Spickard shared one community in the valley is foregoing the fireworks for a laser show, and the governor did not give much in the way of direction but is leaving the decision up to the individual communities to decide their approach to Independence Day but strongly encouraged crowd control and venue location consideration. Staff shared Cascade, Post Falls, and other communities around the Country are doing for this holiday and expressed concern on how to provide the proper sanitation needs for the event. Council Member Nielsen expressed a concern about social distancing at the parks. Police Chief Williams pointed out there is no way to control social distancing, but the MCCALL CITY COUNCIL Page 12 of 15 May 21, 2020 Regular Meeting City can control what events to allow to maintain safety and reduce virus exposure. The alcohol restrictions will still be effective to manage the crowds. Council Member Maciaszek moved to approve the alcohol restriction for July 3-5, 2020 in the City parks. Council Member Nielsen seconded the motion. Council Member Maciaszek, Council Member Nielsen, Mayor Giles all voted aye, Council Member Holmes and Council Member Sowers voted no, and the motion carried. AB 20-149 Request for Approval to submit an Idaho Commission for Libraries CARES Act Mini-Grant Application for McCall Public Library Digital Access Efforts Economic Development Planner Delta James presented the Idaho Commission for Libraries CARES Act Mini-Grant Application for McCall Public Library Digital Access Efforts. The Institute of Museum and Library Services (IMLS) received funding for this grant program from the Federal CARES Act. The Idaho Commission for Libraries (ICfL) is administering Idaho's share of these funds through a small grant program (awards up to $1000) to public libraries in Idaho for the following purposes: to prevent, prepare for, and respond to coronavirus, including the expansion of digital network access, purchase of internet accessible devices, and/or provision of technical support services to Library patrons. There are no cost-share match requirements for these grant funds. The McCall Public Library will utilize the grant funds to purchase chrome books and mobile hot spots to check out to patrons, and other technology upgrades to facilitate patron use and remote learning. Council Member Maciaszek moved to approve submittal of an Idaho Commission for Libraries CARES Act Mini-Grant application and authorize the Mayor to sign all necessary documents. 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 20-150 Request for Approval to submit an Idaho Humanities Council CARES Act Grant Application for Library Programming Support Economic Development Planner Delta James presented the Idaho Humanities Council CARES Act Grant Application for Library Programming Support. The Idaho Humanities Council has received funding from the National Endowment for the Humanities as part of the Coronavirus Aid,Relief, and Economic Security Act (CARES Act). The funding is for grants to eligible Idaho humanities organizations, of which the McCall Public Library qualifies. These funds may be used for the organization's general operating support, public humanities programming, and for the development of specific humanities programming in response to the COVID-19 pandemic. The final amount of each grant award will be based on the organization's annual operating budget and depends on how many applications are received. Based upon the Library's FY20 general operating budget total, the Library is eligible to receive up to $5000 in grant funding. There is no cost-share match required. The requested grant funds will be utilized to offset the cost of unexpected purchases such as software to operate remote humanities programs, sanitation measures the McCall Public Library has implemented due to COVID 19,and anticipated revenue reductions from the Friends of Library book store (has been closed since March) sales and local businesses sponsorships. MCCALL CITY COUNCIL Page 13 of 15 May 21, 2020 Regular Meeting Council Member Maciaszek moved to approve submittal of an Idaho Humanities Council CARES Act Grant Application and authorize the Mayor to sign all necessary documents. 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 20-155 Request to Reject all Bids of Phase 2 Capital Project of Buried Fiber Conduit Installation for Spring Mountain Boulevard and Deinhard Lane Information Systems (InfoSys) Manager Chris Curtain presented the bids of Phase 2 Capital Project of Buried Fiber Conduit Installation for Spring Mountain Boulevard and Deinhard Lane. The project consists of approximately 5 miles of 3 x 1.25-inch conduit along 2 routes.Route#1 is from the Middle School on Spring Mountain Blvd to Lick Creek turning west and ending at Davis Street. Route #2 completes the Deinhard section begun in 2019 north from the bike path to Lakeview Street. Route#1 includes connecting the Golf Maintenance and Golf Club House. Route #2 includes Industrial Loop which will provide opportunity for Middle Mile connectivity. This project provides three benefits: 1. Connecting City facilities securely and reliably to provide access to the internal network and internet. 2. Unused conduit will be leased to third parties in the community (school district, etc.). 3. This fiber backbone is an integral part of future municipal fiber deployments to the citizenry. The Request for Proposal (RFP) was published for several weeks in different manners on both the website and in the newspaper. The bid opening was conducted on April 24, 2020 by the City Clerk. There were 4 bids received for the contract. Lead time for materials (provided by City of McCall) will be longer than expected as a result of the COVID-19 pandemic effecting the ability of the contractor to meet deadlines. All bids came in higher than the budget allocated for this project and InfoSys Manager Curtain explained what he felt were the reasons for the high bids. His recommendation is to reject all bids and advertise the project with a smaller scope focused on Route #1 to allow completion within budget and time constraints. Council Member Nielsen moved to reject all bids received for Phase 2 Capital project of Buried Fiber Conduit installation for Spring Mountain Boulevard and Deinhard Lane. Council Member Sowers seconded the motion. In a roll call vote Council Member Nielsen, Council Member Sowers, Mayor Giles, Council Member Holmes, and Council Member Maciaszek all voted aye and the motion carried. AB 20-156 Call for Nominations for AIC Third Vice President & Process for Board Elections for 2020 Mayor Giles presented the nominations for AIC Third Vice President&Process for Board Elections for 2020. At the May 7, 2020 Council meeting, staff presented the Association of Idaho Cities (AIC) call for nominations for an AIC Third Vice President board position. Council chose to postpone the decision regarding nominations to the next meeting to allow for contemplation. Eligible candidates should be elected officials from AIC Districts 3 or 4, which includes the City of McCall. Staff is bringing the item back to finalize the nominations, if any. Anyone interested in serving as AIC Third Vice President will need to be nominated by a city elected official or self-nominated by Friday, May MCCALL CITY COUNCIL Page 14 of 15 May 21, 2020 Regular Meeting 22 at close of business day to the AIC Executive Director. No interest was expressed by any Council member. COVID-19 Update Police Chief Justin Williams presented the COVID-19 update.He shared the number of cases in Idaho and Rebound Phase 2 will end on May 29 if the number of cases does not spike moving the State into Phase 3 on May 30. City Hall opened limited hours and staff is still being encouraged to telework and some being phased back into their offices. At risk employees are still working remotely and only essential travel is allowed. Public outreach efforts are still in place and he explained what those are. Next, he explained the changes with the Phases 3 & 4 and how staff are preparing for those phases, and briefly shared how the final steps will look as the phases come to an end. City Manager Spickard shared what efforts staff has done to help the community work through this pandemic and the City is looking at putting portable public handwashing stations in City parks and public areas. Upcoming Meetings Schedule Discussion Council discussed upcoming meetings. ADJOURNMENT Without further business, Mayor Giles adjourned the meeting at 8:44 p.m. ,,tll1118 CAft a ATTEST: SEAL O !�� * : Robert S. Giles, Mayor BessieJo Wag6Fr, City C rk MCCALL CITY COUNCIL Page 15 of 15 May 21, 2020 Regular Meeting