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HomeMy Public PortalAbout2020.08.27 Regular Council Minutes MINUTES McCall City Council Regular Meeting McCall Community Center 701 1st Street, McCall, ID AND MS TEAMS Virtual August 27, 2020 Call to Order and Roll Call Pledge of Allegiance Approve the Agenda Consent Agenda Public Comment Joint Work Session Business Agenda Executive Session Return to Open Session 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; Shay Tyler, Deputy Clerk; Linda Stokes, City Treasurer; Michelle Groenevelt, Community Development Director; Delta James, Economic Development Planner; Morgan Bessaw, City Planner; Kurt Wolf, Parks and Recreation Director; Meg Lojek, Library Director; Chris Curtin, Information Systems Manager; Justin Williams, Police Chief; Nathan Stewart, Public Works Director; Valley County Commissioners present were Elt Hasbrouck and Sherri Maupin; Planning & Zoning Commissioners present were Robert Lyons, Samuel Thompson, Johanna Krahn, and Scott Broyles; Also, in attendance were Cynda Herrick, Valley County; Amy Pemberton, Millemann Pemberton & Holm; Eric Landsberg, Clear Solutions Inc.; Gena Pannell, Central District Health Mayor Giles led the audience in the Pledge of Allegiance. MCCALL CITY COUNCIL Page 1 of 17 August 27, 2020 Regular Meeting APPROVE THE AGENDA Council Member Nielsen moved to approve the amended agenda as submitted. Council Member Holmes 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. Council Regular Minutes – July 9, 2020 2. Council Regular Minutes – July 23, 2020 3. Council Regular Minutes – August 13, 2020 4. Payroll Report for period ending August 7, 2020 5. Warrant Register – GL 6. Warrant Register – Vendor 7. AB 20-236 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. 8. AB 20-228 Treasurer’s Monthly Report as Required by IC 50-208: Treasurer’s report of accounts and activity of office during the month of July 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. 9. AB 20-227 Request to Approve Hangar 212 “Landlord’s Consent to Assignment” from Idaho First Bank for 103 Investments LLC: 103 Investments, LLC, the owner of Hangar 212, is seeking to refinance the building loan. The lender, Idaho First Bank, has provided and signed the “Landlord’s Consent to Assignment” in the event the lessee defaults on either the current annual lease, or the loan agreement. The original lease was entered into on June 9, 2020, for a period of 20 years and is renewable at that time for up to two (2) additional 10-year terms. A copy of the lease has been provided to the lender. After signature, the City Clerk will record the document and keep a copy for the files. The City Attorney reviewed the document and found it acceptable. The lease rate and terms remain the unchanged as this assignment is not a new lease. Last year’s lease payment $4,275.00 and is subject to a CPI adjustment on October 1, 2020. MCCALL CITY COUNCIL Page 2 of 17 August 27, 2020 Regular Meeting Action: Approve Hangar 212 Landlord’s Consent to Assignment from Idaho First Bank for 103 Investments LLC and authorize the Mayor to sign all necessary documents. 10. AB 20-231 Request for Approval of the ESRI Annual Software Maintenance Agreement: The City GIS Department has been in place for a little over 10 years supporting all departments within the City organization as well as the public. ESRI is the primary GIS software provider for the GIS field. While there is no explicit contract to be signed, the City is subject to ESRI’s standard terms and conditions and ESRI requires the City to electronically accept those terms each year, therefore Council approval is requested. This year’s renewal payment is the same as last year. Action: Approve ESRI terms of use and annual payment and authorize the GIS Analyst / Manager to electronically accept the terms. 11. AB 20-237 Request to Approve the McCall Donnelly Joint School District MOU for Joint Use and Shared Maintenance of Tennis Court Facilities on School District Property: The tennis courts located at 401 Mission Street are owned by the school district and have historically been used by the City for community recreational use and program space. The McCall Donnelly School District and the City entered a Memorandum of Understanding (MOU) in 2015 to formally recognize shared use and maintenance of the facility. The MOU is an extension of the previous agreement which was approved in July 2015. Changes made to the document include an extension to the time frame for renewal from every 2 years to every 5 years based on the success of the partnership to date. The MOU has been sent to the City Attorney for review. Action: Approve the Memorandum of Understanding with the McCall Donnelly Joint School District for joint use and shared maintenance of tennis court facilities on School District Property and authorize the Mayor to sign all necessary documents. 12. AB 20-241 Request for Approval of a Contract for Services with Slender Paving to repair and patch pave sections of the Pathway along Spring Mountain Boulevard: Contracted services to complete the Parks Department Capital Project for pathway repairs on the separated pathway along Spring Mountain Boulevard. This pathway is one of the older pathways and the sections being repaired are at or have exceeded their expected life span and in need of repair. Contractor has requested to bump the work up in their schedule to accommodate schedule changes on other projects. Staff would like to accommodate that schedule change to ensure the work gets done this year and before wet and colder temperatures set in with fall weather. Action: Approve Estimate for contracted services with Slender Paving Inc. to make necessary and budgeted repairs to the Spring Mountain Pathway and authorize the Mayor to sign all necessary documents. Council Member Nielsen moved to approve the Consent Agenda as submitted. 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. PUBLIC COMMENT Mayor Giles called for public comment at 5:35 p.m. City Clerk BessieJo Wagner read the written comments as received. MCCALL CITY COUNCIL Page 3 of 17 August 27, 2020 Regular Meeting Lola Elliott of 321 Mather Road, McCall wrote: PLEASE extend the Mask mandate. It is imperative that we follow this very simple task to keep our community safe. Our community is our greatest natural resource - let's protect it! Max Williamson of 1880 N. Club Hill Blvd, McCall wrote: Please for the protection of everyone “require” everyone mask up to enter any buildings, public & private, in McCall & any areas under your jurisdiction. Also, they must follow all current covid-19 precautions. Make it an ordinance or whatever it’s called with A $100 fine, so people will take this seriously. Thank you for considering people’s safety. Peter Garcia of 273 Rancho Ct., Chulavísta, California wrote: There’s a hotel manager Freddy Farfan Tania Aurora Neria etc., they are all illegals and they are hiring more illegals taking money from them. He drives a lifted Ford Excursion. Careful. Scotty Davenport of McCall wrote: Comment. Extended masks requirement till end of year. Not do it each month. We need to back up health district and businesses. People are just now getting we are serious about mask up. Gregory Irvine, MD, Chief of Staff, St. Luke’s McCall Medical Center and Amber Green, RN, Chief Operating Officer/CNO, St. Luke’s McCall Medical Center wrote the following: I am writing to beseech you to extend the McCall Mask Ordinance beyond its upcoming expiration. Your wisdom and leadership in passing and enforcing the ordinance in early July and continuing it through the month of August has undoubtedly bent the curve of the spread of COVID19 in McCall and Valley County. The decision by Central District Health to implement a face covering requirement to the whole of Valley County has augmented the McCall order. The Central District Health Board have not assigned a targeted end date for the order, instead, it will remain in effect until it is amended or made void by the Board. I will be supporting the continuation of the Valley County mask requirement. It is essential that you, the McCall City Council continue your ordinance in the event that CDH does not continue its requirement. There is continued community spread of SARS CoV2 in McCall and Valley County and cases continue to be detected. This is not the time to let down our collective guard. As we have learned during this pandemic, when the measures that we know slows the spread of this novel Coronavirus are prematurely relaxed, viral illness roars back with a vengeance. Until we see community transmission crushed, we must continue those things that we know work against its spread, including universal masking in public spaces. There continues to be mounting evidence of the efficacy of the proper and consistent use of masks in reducing viral transmission. School is starting in the McCall-Donnelly District on Sept. 8 and we all hope and pray that schools can stay open for the welfare of our children. Avoiding rampant spread of the virus is the best way to keep schools open and our children safe and secure. Though children are less likely to experience serious symptoms with COVID19, some do become severely ill and can be vectors to accelerate spread to their families, friends, and the community at large. Influenza season will be arriving this Fall and, when combined with the effects of SARS CoV2, represents an increased potential risk to our population. This is especially true of the vulnerable and medically fragile among us. Continuation of the McCall Mask ordinance is essential to protect all of us from this dual threat. Vaccinating as many people as possible in Valley County against influenza will also be critical at reducing severe respiratory illness and death in our community. As the colder weather pushes more of us to indoor spaces, our risk will also be increasing. The novel Coronavirus spreads much more effectively in confined indoor spaces than it MCCALL CITY COUNCIL Page 4 of 17 August 27, 2020 Regular Meeting does out of doors. I also urge the McCall City Council to extend the Emergency Powers Ordinance per Idaho Code related to the pandemic beyond its September 18 sunset. The pandemic will undoubtedly continue into the Fall and will not be behind us until we have effective and safe treatment or vaccine. We must reduce transmission of the virus until that highly anticipated day comes to pass. Our sights are set on a vaccine by late 2020 or early 2021 based on encouraging scientific progress thus far. We must continue to stay the course. Thank you for your wisdom and courage thus far. Hearing no further comments, Mayor Giles closed the comment period at 5:42 p.m. Council Member Maciaszek joined the meeting at 5:40 p.m. He was asked to give his vote on the approval of both the amended agenda and consent agenda. He voted aye for both. JOINT WORK SESSION #2 with Planning & Zoning Commission and Valley County Board of Commissioners AB 20-230 McCall Area Code Update Overview with Diane Kushlan Community & Economic Development Director Michelle Groenevelt introduced the update and gave a brief overview. At their December 13, 2018 meeting, the City Council approved a contract with Diane Kushlan for the project management of the McCall Area Code Update. Since 2018, numerous code updates have been accomplished. The July work session kicked off the next round of Code updates. Ms. Kushlan provided the overview of the topics to members from McCall Area Planning and Zoning Commission (PZC), City Council and Valley County Commissioners. The work sessions are an opportunity for the PZC and governing boards to talk with each other on these topics. Diane Kushlan, Kushlan Associates, gave a short recap from the July 24 workshop and presented the proposed changes for design review, shoreline, and environs overlay code. She explained the difference between design guidelines (flexible) and design standards (rigid) and the goal to move some of the design overview responsibility from the PZC to City staff. She discussed commercial pedestrian scale, residential design standards, and new commercial design standards. Staff answered Council Member Sowers questions regarding considerations for businesses where there are no sidewalks and explained the design standards are more about the building and sidewalks are under a different section of the code. The PZC shared their thoughts. Commissioner Samuel Thompson has observed people will push to the limits of the design guidelines and the difficulty created in making decisions. Commission Johanna Krahn feels there needs to be more rigid wording to create an objective rather than a subjective code structure and help streamline the process. Commissioner Robert Lyons felt set standards make great sense with single family homes but giving more flexibility to developers allows them to modify to keep costs down to make the development work especially for affordable housing projects. Commissioner Scott Broyles felt the clearer the language the better to eliminate ambiguity. Next, Ms. Kushlan and staff discussed items under administrative review including building heights, additions, façade and exterior finish changes, accessory structures, in-fill commercial structures, and residential structures, and explained what the administrative referrals to the PZC would regard. Ms. Kushlan briefly reviewed design review of visual impacts of development, the added restrictions in MCCALL CITY COUNCIL Page 5 of 17 August 27, 2020 Regular Meeting the 50’ setback regarding structures, perched beaches, conflict with shoreline and river environ and floodplain standards, and to use more restrictive code when there are conflicts. City Planner Morgan Bessaw gave a deeper explanation of shoreline and river environs and floodplain standards when looking at design guidelines and shore review. She went through the conflicting code sections explaining those conflicts and shared the conflicts in the lake and river high water marks that need to be addressed. The Council asked questions about the floodplain and provided feedback. Council Member Sowers inquired about whether the floodplain follows the property lines or elevation and staff clarified the map follows elevation. Cynda Herrick, Valley County, explained the County code regarding the floodplain. City Planner Bessaw explained the floodway, flood hazard area, and compared the difference between the Rio Vista properties and further south where elevation is lower. Often the wetland areas are the floodplains. Ms. Kushlan briefly went over the next steps which include a workshop on development standards in September, planning and zoning public hearings in October and November, and the public hearings for Council and County Commissioners. The Council, the County Commissioners, and the PZC were in support of what has been presented. BUSINESS AGENDA AB 20-229 Request to Approve the Appointment of a Board Member to the McCall Redevelopment Agency Community & Economic Development Director Michelle Groenevelt presented the appointment of a Board Member to the McCall Redevelopment Agency. Per McCall City Code, the City Council appoints a board of commissioners for the McCall Redevelopment Agency (MRA) which shall consist of seven (7) members. The term of office of a commissioner shall be three (3) years. The Board position was advertised in The Star News and on the City website. Lew Ross expressed interest to serve on the Board and submitted his letter of interest and resume. At the August 18 meeting, the MRA Board reviewed the request and recommends to the City Council the appointment of Lew Ross to the Board. The Council had no questions for staff. Council Member Holmes moved to approve the appointment of Lew Ross to the McCall Redevelopment Agency for a term of 3 years expiring in September 2023. 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. AB 20-233 Request Adoption of Resolution 20-19 Approving the Planning, Design, Engineering, and Construction Project Agreement with the McCall Redevelopment Agency for the Lakefront Improvement Project Community & Economic Development Director Michelle Groenevelt presented Resolution 20-19 approving the Planning, Design, Engineering, and Construction Project Agreement with the McCall Redevelopment Agency for the Lakefront Improvement Project. The McCall Redevelopment Agency (MRA) and the City have been working together for the Shoreline Stabilization and Promenade MCCALL CITY COUNCIL Page 6 of 17 August 27, 2020 Regular Meeting Improvements to be planned, designed, engineered and constructed within the Lake Front Project Area prior to the termination date of this revenue allocation area (District). The City and the Agency will enter into a Construction Agreement which enables them to cooperate to their mutual advantage in a manner that will meet with the needs and development of the City and the Agency. In consideration of the payment by the Agency for the Shoreline Stabilization and Promenade Improvements costs, as more specifically defined in this Construction Agreement, the City agrees to serve and perform as project manager for the final planning, design, and engineering of the Shoreline Stabilization and Promenade Improvements; said final design to be subject to the review and approval of the Agency. Additionally, the City agrees to serve and perform as project manager for the Public Works construction of the Shoreline Stabilization and Promenade Improvements (including the solicitation of those services) and provide project oversight and inspection. At the August 18 MRA meeting, the Board approved the agreement and authorized the Chair to sign. The City Attorney has reviewed the agreement. Staff clarified the location is the Brown Park Stabilization project. The Council had no further questions. Council Member Maciaszek moved to adopt Resolution 20-19 to approve the Planning, Design, Engineering, and Construction Project Agreement for the Lakefront Improvement Project and authorize the Mayor 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 20-234 Request for Approval of Planned Unit Development Final Plan (PUD-19-04), Subdivision Final Plat (SUB-19-06), and associated Escrow Agreement for River Ranch Phase 3 City Planner Morgan Bessaw presented the Planned Unit Development Final Plan (PUD-19-04), Subdivision Final Plat (SUB-19-06), and associated Escrow Agreement for River Ranch Phase 3. McCall River Ranch Company is proposing an application for final plat and PUD final plan for Phase 3 of River Ranch Subdivision as well as an associated escrow agreement. Phase 3 is located south of the currently platted portions of River Ranch Subdivision. The application is for 48.38 acres divided into 7 lots and two large open space parcels in Phase 3. The final PUD and plat are in significant conformance with the approved PUD general plan & preliminary plat. The applicant has brought phase 3 before phase 2 to preserve a piece of land to ensure there is enough open space across the project. Planner Bessaw explained the lots and common areas within the subdivision. The proposed conditions are: 1. Approval of the Subdivision Final Plat application (SUB-18-03) shall be contingent upon McCall City Council approval of the companion Planned Unit Development Final Plat application (PUD-18-02). 2. Prior to any disturbance of wetland areas within the proposed project area, copies of U.S. Army Corps of Engineer 404 Permit shall be provided to the City. MCCALL CITY COUNCIL Page 7 of 17 August 27, 2020 Regular Meeting 3. Prior to any site work or disturbance, the applicant shall submit and receive approval for final civil plans by the City of McCall Engineer. 4. The applicant shall adhere to all Engineering requirements (see agency comments above): a. Before water service can be provided to either of the new phases, developer shall rehabilitate/repair/restore the PRV station(s) to the City’s satisfaction and shall maintain uninterrupted electrical service to both of the stations. a. The developer shall construct a water main to City standards and requirements along the loop road within the proposed Phase 2 portion at developer’s expense. The main shall be sized and looped appropriately based on fire flow water modeling. b. A looped section of water main may be required to connect from the cul-de-sac back into Rawhide Loop Road, depending upon Fire Department and/or water demand/fire flow modeling requirements. c. Developer shall dedicate a minimum 20’ wide easement for the water main and related appurtenances in areas outside of street, and/or dedicated utility Right-of-Way. All water-related facilities, including fire hydrants shall be located in utility Right-of-Way, or an easement. d. Fire hydrants shall be kept clear of snow and other obstructions (fences, landscape, trees, etc.) at all times. e. Individual Stormwater Reports shall be required for construction on each parcel that is adjacent to the river in order to demonstrate compliance with the City’s Drainage Management Guidelines. f. The City may at its discretion require that geotechnical investigation(s) be performed by a licensed and qualified professional Geotechnical Engineer in order to demonstrate that soils on Lots 15-20 of Phase 2, and all of Phase 3 are adequate to support proposed improvements and that the slopes will not be adversely impacted by such improvements or post-development runoff. g. The Owner’s Association shall be the responsible party to monitor slope stability of the river bluffs. Any instability or required mechanical stabilization of any portion of the slopes shall be immediately reported to the City before any work may be performed. The City may, at its discretion, require the Owner’s Association and/or property owner to obtain professional engineering services as it may deem necessary prior to any stabilization efforts. h. The developer and/or Owner’s Association shall be responsible to take every reasonable effort to prevent erosion and sedimentation from occurring from the project and into the riverbed. i. Any improvements within 150 ft. of the shoreline shall require submittal of a Shoreline and River Environs Zone application to the City for approval per MCC 3.7.02. j. Improvements within the 75’ riparian easement shall be limited to within 15’ of the building envelope and shall be approved by the City of McCall. 2. Any such improvements shall be designed to drain away from the slope. 3. ii. No construction of any kind shall be allowed within the 15’ buffer strip between the proposed building envelope and the top of the slope of Lot 65, including stormwater-related facilities without City engineering approval. MCCALL CITY COUNCIL Page 8 of 17 August 27, 2020 Regular Meeting 4. iii. No construction of any kind shall be allowed within the 75’ buffer strip between the proposed building envelope and the top of the slope of Lots 59, and 63 through 64, including stormwater-related facilities without City engineering approval. a. All landscaping within the 75’ riparian easement shall be approved by the City Arborist. Any such landscaping shall be limited to native species that are appropriate to the setting and shall be hand watered. No pipe or tubing irrigation (sprinklers or drip systems) shall be allowed within the riparian easement. 5. Prior to execution and recordation of either the Phase 3 or Phase 2 Final Plats: a. A 404 Permit for Riverbank Stabilization and driveway impacts to wetlands shall be obtained. b. The applicant shall construct all public improvements as detailed in Section 9.1 of the amended development agreement and shall obtain final approval of these aspects from the City of McCall. Alternatively, the applicant shall provide financial assurances for any deferred improvements in accordance with MCC 9.6.067. c. All easements, including a 75 ft. riparian easement to the City of McCall, the shared driveway easement for lots 63 and 64, the 15 ft. river bank maintenance access easement, and the snow removal, utility, and drainage easements along all private road frontages, shall be indicated on the final plat and shall be formally documented with signed declarations and recorded with the plat. d. The applicant shall provide a maintenance reserve funding plan schedule for the private road for review and approval by the City Engineer. 6. In the event a security gate is installed at either entrance to the subdivision, the applicant shall install an SOS siren activator to provide a means of emergency access per 2015 International Fire Code 503.6. 7. Prior to issuance of a building permit for any parcel, the applicant shall receive approval from Central District Health Department (see agency comments above). 8. Prior to issuance of a building permit for Lots 63-65, engineered slope stabilization will be required. Such engineered solutions shall be provided by a licensed and qualified professional engineer with experience in such remediation and stabilization work. Engineered plans and construction shall require City review and approval prior to implementation. 9. Prior to issuance of a Certificate of Occupancy, building numbers in accordance with McCall Addressing Guidelines shall be installed. 10. Per MCC 9.2.07F, 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). 11. A full set of as built (record) drawings of all improvements intended for public use and maintenance, including, but not limited to, water and sewer lines, and including also private and public streets, shall be furnished to the city for the permanent records of the city within sixty (60) days of completion of the construction. During its regularly scheduled July 7, 2020 meeting, the McCall Area Planning and Zoning Commission recommended the Planned Unit Development Final Plan and Subdivision Final Plat, to City Council for approval. MCCALL CITY COUNCIL Page 9 of 17 August 27, 2020 Regular Meeting Amy Pemberton, legal counsel for the applicant, reminded the Council what has already been approved and the purpose at this stage is to show that the applicant has met those conditions. She went through some of the details of the application. She clarified the recreation easement, bike trails are for the subdivision only and not open to the public, and private gates are still being considered. Staff explained the gates were heavily examined and explained according to a previous approved agreement, the City could not prohibit the gates. In addition, these parcels were not identified for the pathway plan. Council Member Nielsen expressed his distaste with gated communities inside the city limits. Council Member Maciaszek moved to approve the Findings of Fact, Conclusions of Law, Decision documents for PUD-19-04, SUB-19-06, 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 voted aye; Council Member Nielsen and Council Member Sowers voted no; and the motion carried. Council Member Maciaszek moved to approve the River Ranch Phase III Escrow 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 voted aye; Council Member Nielsen and Council Member Sowers voted no; and the motion carried. AB 20-232 Request to Approve Conditional Use Permit CUP-20-01 for Legacy Beach Pump Station City Planner Morgan Bessaw presented the Conditional Use Permit CUP-20-01 for Legacy Beach Pump Station. A Conditional Use Permit application for the reconstruction of and addition to the City of McCall’s water intake station in Legacy Park. The total size of the remodeled structure is approximately 1,000 sq. ft. The existing pump station encroaches approximately 10 ft. into the shoreline setback on the west side of the building and more on the northwest corner. The western 10 ft. of the building will be removed, significantly reducing the nonconformity of the structure. There is an existing property line the cuts through the middle of the building, the City of McCall owns both pieces of property. Prior to issuance of a building permit, the City shall record a record of survey removing the lot line. Planner Bessaw went through the descriptions of the CUP which includes zoning, lot coverage, proposed and existing setbacks, parking spaces, and landscaping. No public comments were received. The Conditions of Approval are: 1. Prior to issuance of a building permit, the City shall record a ROS removing the lot line bisecting the structure. 2. Pursuant to McCall City Code (MCC 3.16.08), design review approval shall lapse and become void whenever the applicant has not applied for a building permit within one year from the date of initial approval. During their regularly scheduled August 4, 2020 meeting, the McCall Area Planning and Zoning Commission held a properly noticed public hearing and unanimously recommended approval of the MCCALL CITY COUNCIL Page 10 of 17 August 27, 2020 Regular Meeting application to the McCall City Council without a second public hearing. No public comments were received. Public Works Director Nathan Stewart, as the applicant, gave an overview of the project and landscaping, improving access, and building design. The Council had no questions for staff. Council Member Holmes moved to approve conditional use permit application CUP-20-01 for Legacy Beach Pump Station as recommended by the McCall Area Planning and Zoning Commission and authorize the Mayor to sign all necessary documents. 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. AB 20-235 Request Approval for Construction Contract Award: Legacy Beach Intake Station Reconstruction Project Public Works Director Nathan Stewart presented the Construction Contract Award for the Legacy Beach Intake Station Reconstruction Project. The City has conducted formal bidding for the Legacy Beach Water Intake Station in August. This project is a significant enhancement of the facility to meet regulatory requirements. Major components include:  Demolition of the western portion of the intake building  Full foundation reconstruction including micro-piles to address unstable soil conditions  Construction of a ~500sq. ft. addition to the eastern side of the existing structure  Replacement of existing underground 16-inch water piping and various yard piping improvements  New roof, exterior siding and architectural elements to improve aesthetics  Improved access and landscaping improvements The design aspects of the project were presented in a public hearing on 8/4/20 to the Planning and Zoning Commission (PZC) for Conditional Use Permit (CUP) and Design Review (DR). PZC has recommended approval by City Council at their 8/27/20 Council meeting. The bid opening occurred on 8/18/20. One responsive bid by EKC Construction, Inc. was received. Eric Landsberg of Clear Solutions Inc. (Project Engineer), along with LeGrand Bennett (Project Architect) have reviewed the bid to affirm it is accurate and discussed with EKC any opportunities for project cost savings. Their letter of recommendation is for the base bid award only, and a discussion of factors affecting this recommendation. It is the project team’s recommendation that the City award the Contract to the responsive low bidder. This will allow for construction to commence in mid-September and project completion to occur in Spring 2020 to allow Legacy Park to be fully opened to the public by July 1, 2020. The Council had no questions for staff. Council Member Nielsen moved to award the Legacy Beach Intake Station Reconstruction Project Construction Contract to EKC Construction, Inc. in the amount of $576,056, authorize the Mayor to sign all necessary documents, and authorize staff to administer this contract and change orders up to 10%. 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. MCCALL CITY COUNCIL Page 11 of 17 August 27, 2020 Regular Meeting AB 20-240 Request for Approval of CARES Act Grant Funding for Broadband from Idaho Department of Commerce Information Systems Manager Chris Curtin presented the CARES Act Grant Funding for Broadband from Idaho Department of Commerce. The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) is a Federal Program to provide emergency assistance for individuals, families, and businesses affected by the 2020 coronavirus pandemic. Under the CARES Broadband Program, the City of McCall is eligible to receive an apportionment of CARES Act funding distributed through the State of Idaho, Department of Commerce. On August 26, 2020, the Idaho Dept of Commerce announced that the City had been approved for $771,063 in CARES Act funding. Funds can be used for a wide range of operations, maintenance and capital improvement projects. This funding will be used to install and splice fiber throughout the entirety of conduit already in the ground (~12 miles), provide wireless in 5 separate locations across the City for public access for distance learning, and complete the bid alternate route of the Buried Conduit, Phase 2 project. These funds are required to be spent on shovel ready projects that can be completed before December 15, 2020. Staff believes this deadline can be met for the projects outlined above. The reviewed Agreement will come back to Council for approval on the September 10, 2020 Council Meeting. Staff clarified details regarding Sparklight. The Council had no further questions for staff. Council Member Maciaszek moved to approve acceptance of the grant amount of $771,063 subject to review of the grant agreement by the City Attorney. 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 20-243 AB 20-243 Request to approve submittal of a Rural Libraries Connecting Idahoans via Wi-Fi Hotspots application to the Idaho Commission for Libraries Library Director Meg Lojek presented the Rural Libraries Connecting Idahoans via Wi-Fi Hotspots application to the Idaho Commission for Libraries. The Idaho Commission for Libraries (ICfL) has been awarded $1 million through the Idaho Broadband Grant program administered by the Idaho Department of Commerce, which utilizes CARES Act funding received by the State of Idaho. The ICfL's award is for "Rural Libraries Connecting Idahoans via Wi-Fi Hotspots," a project to provide reliable open wireless internet access in Idaho's smallest, most rural communities (library buildings serving communities of fewer than 3,000 people) utilizing public libraries' existing broadband service. If awarded libraries will receive new state-of-the-art network equipment capable of symmetrical gigabit speeds, including indoor and outdoor wireless access points, in lieu of actual funds. This network equipment will be installed and configured by a technology vendor contracted via ICfL. The technology vendor will work with the City to schedule a site survey of the Library to determine what new network equipment is needed to enable reliable community access to the Library’s public Wi-Fi throughout the Library’s parking lot and/or adjacent public areas. This new network equipment would include a Cisco Meraki firewall, switch, indoor and outdoor wireless access points, and necessary cabling. A five-year license will be included with all equipment. The technology vendor will install MCCALL CITY COUNCIL Page 12 of 17 August 27, 2020 Regular Meeting and configure the network equipment in the existing library by November 30, 2020. If needed, this equipment can be relocated and utilized within the Library Expansion Project. Staff clarified this will not prohibit the library for applying for other grants. The Council had no further questions. Council Member Holmes moved to approval submittal of a Rural Libraries Connecting Idahoans via Wi-Fi Hotspots application to the Idaho Commission for Libraries 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, Council Member Maciaszek, and Council Member Nielsen all voted aye, and the motion carried. AB 20-238 Request to Consider Participation in the CARES Act Funding for Public Safety – Public Safety Grant Initiative (PSGI) City Treasurer Linda Stokes presented the CARES Act Funding for Public Safety – Public Safety Grant Initiative (PSGI). A letter of intent to participate in the Public Safety Grant Initiative was submitted via email to the Governor’s Coronavirus Financial Advisory Committee (CFAC), for use of CARES Act funds, on July 15, 2020. The final decision by Council to participate must be made prior to submission of the certified tax levy to the County Clerk on Thursday, September 10, 2020. The City’s prorated share of the state’s available $188 Million is $305,371. The City must pass these funds on to property owners in the form of a property tax credit after deducting 3% for administrative costs and the amount necessary to hold the Urban Renewal Agency harmless. By executive order 20-15, the State Tax Commission is to ensure the budget and levy effects of participation in the Initiative will be revenue neutral and Urban Renewal agencies would be held harmless. The State Tax Commission will provide an estimate of the amount the McCall Redevelopment Agency could lose should the City participate in the Initiative. Staff received the urban renewal estimate on Wednesday prior to the Council meeting. The State Tax Commission has provided a revised L-2 worksheet to calculate the amount of property tax relief provided by the City’s participation in the Initiative. A completed Revised L-2 worksheet including the Governor’s Public Safety Initiative adjustment was provided with final amounts. An estimate of the potential tax credit per 100,000 of property value was provided. City Treasurer Stokes went over the financial details, walked the Council through the revised L-2 worksheet changes, and answered questions. The Council shared their thoughts. Council Member Sowers did not feel it was a huge benefit and is undecisive at the moment. Council Member Holmes wanted to know the downside and if counties could participate. Staff stated the tax relief can only be for FY21, however, next year will be affected as the levy will need to be increased and property tax payors will need to pay a bit more compared to this year due to raising the tax rate back to what it would have been, and therein lies the downside. The grant will not need to be paid back. Counties can participate but Valley County did not choose to apply. Commissioner Elt Hasbrouck explained that the County did not participate because it will lower the budget and making up the MCCALL CITY COUNCIL Page 13 of 17 August 27, 2020 Regular Meeting difference would be difficult. The County instead chose to apply for Federal Emergency Management Agency (FEMA) funds. City Manager Anette Spickard clarified how the budget will be affected and explained that the taxes will reset then bumping up the taxes and the tax payors may not understand the increase. The City would need to do some education to the public explaining what has happened. Council Member Nielsen shared he is unsure exactly where he stands but is leaning a bit in favor as he feels the full effect of the pandemic has yet to be had. Mayor Giles feels this is a political decision. Council Member Sowers is leaning towards not participating as it will not have much benefit. Council Member Holmes is more in favor of participating as she feels something is better than nothing. Council Member Maciaszek does not feeling there is enough benefit for the amount of potential confusion. He is uncertain of how to vote. Council Member Nielsen is on the fence. He agrees with Council Member Maciaszek but on the other hand it is a tax break for the property owners but is leaning towards not participating. Mayor Giles is in favor, but it is a difficult decision for him. Council Member Holmes moved to authorize staff to submit the Revised GPSI L-2 Form with the Governor’s Public Safety Grant Initiative adjustment for Maximum non-exempt property tax budget including forgone and GPSI amount of $6,159,576.00. Council Member Nielsen seconded the motion. In a roll call vote Council Member Holmes, Council Member Nielsen, Mayor Giles, and Council Member Maciaszek voted aye, Council Member Sowers voted no, and the motion carried. AB 20-239 Discussion and Action to extend effective date for McCall Emergency Powers Ordinance 986 and Mask Mandate Resolution 20-20 City Manager Anette Spickard presented the McCall Emergency Powers Ordinance 986 discussion and Mask Mandate Resolution 20-20 extension. As part of the City’s response to the SARS-COV-2 (Coronavirus) Pandemic, Council enacted Ordinance 986 on March 20, 2020 to establish Emergency Powers Authority of the City for public health purposes. The Ordinance is effective for 182 days and expires on September 18, 2020. Any Public Health Orders issued by Council pursuant to this Ordinance cannot extend past the effective date of the Emergency Powers Ordinance. To sustain restrictions established by an emergency ordinance or moratorium beyond the 182-day period, a governing board must adopt an interim or regular ordinance, following the notice and hearing procedures provided in section 67-6509, Idaho Code. These procedures will be followed by the Planning & Zoning Commission. The Council has issued one order under this authority to mandate the use of facial coverings in all public indoor and outdoor places where 6 feet of physical distance cannot be maintained, with some exemptions. Resolution 20-12 expires on September 1, 2020. The proposed Resolution 20-20 extends the date to September 18, 2020 to coincide with the expiration date of the Emergency Powers Ordinance. Given the upcoming expiration dates of McCall’s authorities and the recent action of the Central District Health (CDH) Board, the City Manager recommends that the Council discuss whether they wish to retain authority for issuing orders such as the mask requirement, or allow it to expire and default to the current and any future CDH Orders. If Council wishes to retain authority, a new MCCALL CITY COUNCIL Page 14 of 17 August 27, 2020 Regular Meeting Emergency Powers Ordinance will need to be prepared and adopted according to Idaho Code 67- 6509. The Council discussed creating a permanent Emergency Powers Ordinance for the ease of dealing with any future emergencies. Council Member Holmes is in favor. Council Member Maciaszek felt there is value in having permanent language. Council Member Nielsen agrees and asked for clarification of how ordinance would work. Staff stated that the process would be similar to what has already transpired, and that staff would come to the Council with a new ordinance under the code. City Attorney Bill Nichols explained it is similar to putting a tool in the toolbox to use when needed. Council Member Nielsen sees all of the positives of having law in place in order to be able to react quickly but has some concerns. Mayor Giles is supportive of having an emergency powers ordinance. Council Member Sowers was having technical difficulties and could not respond. The consensus of the remaining Council members was supportive in the staff moving forward to bring an emergency powers ordinance back to a future meeting. Next the Council discussed Resolution 20-20 on whether to let the mask mandate lapse on September 1 or continue it until the Emergency Powers ordinance expires on September 18. On August 11, 2020 the Central District Health (CDH) Board issued a Mask Order for Valley County for an indefinite time period. Mayor Giles asked Valley County Commissioner Hasbrouck and Gena Pannell of Central District Health to join the discussion and share their perspectives. Valley County Commissioner Elt Hasbrouck stated he serves on the Central District Health Board and shared the main goal of the mask order is to not overload the medical system and for children to learn to wear a mask. Biggest concern is how the schools will be affected with children coming back together. Council Member Sowers wanted to know when it will end and pushed back on statistical information. Commissioner Hasbrouck stated the hope is the numbers will drop after the summer crowds leave and they will be able to remove the mask mandate by the end of September. Council Member Holmes asked about the differences between the City of McCall order and the Central District Health order. City Manager Spickard explained the City order does not have jurisdiction over school districts and is not allowed to issue a misdemeanor whereas the CDH has more power in that regard. Police Chief Justin Williams reiterated the differences between the City and CDH mandates and stated if the City mandate lapses, the department will continue to educate and enforce with the only difference being that it will change from a civil penalty to a misdemeanor. Council Member Maciaszek wanted to know if it is necessary to continue the City order now that the CDH has put forth an order. Police Chief Williams first explained stating that the CDH order does not supersede the City order but will replace the City mandate if the Council chooses to let it expire. The City has to have an Emergency Powers Ordinance in place to be able to renew the mandate and the ordinance is set to expire September 18 leaving a gap between when a new ordinance is adopted and the old one expires. He recommended letting the mask mandate expire and let the CDH order take its place. Council Member Maciaszek expressed he does not feel it is necessary to be redundant with a similar order. Commissioner Hasbrouck stated that the risk is fairly low in school children and explained a rating system and assistance with safety plans has been given to the schools. He also stated many businesses MCCALL CITY COUNCIL Page 15 of 17 August 27, 2020 Regular Meeting were asking the County to do something. The County is big on education over enforcement, but the tool is there if the need arises. Council Member Nielsen did not see a problem to extending the order until it expires and prefers a civil penalty over a misdemeanor. He is concerned about the mandate expiring prior to September 18. Gena Pannell, Project Manager at Central District Health, shared the trends and stated that cases are decreasing in Valley County. She gave an overview of how the numbers are calculated and spoke about the difference of close contact and community spread (directly known) and indeterminant contact (unknown and cause for concern). She is supportive of schools reopening but spoke to the possibility of spread as people move back indoors and the upcoming flu season affecting what transpires. The CDH plans to meet weekly to look at the data and trends to make those determinations as the season progresses. Mayor Giles asked both Commissioner Hasbrouck and Ms. Pannell their opinion about letting the City mandate lapse. Both felt that with the upcoming Labor Day holiday, letting the mandate lapse st on September 1 would send a bad message and the continuance of the City mandate would be added value to get through the next few weeks. The Council briefly discussed the option to let the mask mandate lapse and finalized by directing staff to prepare a new Emergency Powers Ordinance per Idaho Code and to extend the mask mandate resolution. Council Member Holmes moved to adopt Resolution 20-20 Extending the Mask Mandate and authorize the Mayor to sign all necessary documents. Council Member Maciaszek seconded the motion. In a roll call vote Council Member Holmes, Council Member Maciaszek, Mayor Giles, and Council Member Nielsen voted aye; Council Member Sowers voted no; and the motion carried. COVID-19 Update City Manager Anette Spickard shared that the data from the local hospitals echoes the information shared by Commissioner Hasbrouck and Gena Pannell. Right now, the concern is about school reopening and what that is going to look like. Police Chief Justin Williams shared there has been a 25% increase in cases in comparison to the last meeting update on August 13, but the infection rate is beginning to slow down. The County is still in stage four until further notice, and McCall has been busy with visitors which has not slowed down at all. City Manager Spickard asked the Council how comfortable they were with resuming meeting in st person. Access to Legion Hall will be available again after September 1 or soon thereafter once the construction is complete. Council Member Sowers is ready to be together as a group, Council Member Holmes and Council Member Maciaszek would prefer to continue virtual meetings, and Council Member Nielsen would like a hybrid. City Clerk BessieJo Wagner stated the meetings would need to be either in person or a hybrid to be legal. Social distancing will be in place and very few members of the public would be able to attend in person. Council Member Maciaszek would prefer using the Community Center over Legion Hall due to ventilation issues. It was explained that the Community Center was no longer available. The Council directed staff to hold hybrid meetings for now. MCCALL CITY COUNCIL Page 16 of 17 August 27, 2020 Regular Meeting Upcoming Meetings Schedule Discussion Council discussed upcoming meetings. EXECUTIVE SESSION At 9:42 p.m. Council Member Holmes moved to go into Executive Session for: • Land Acquisition—Pursuant to 74-206 (1) (c)To acquire an interest in real property not owned by a public agency; • Records - Pursuant to Idaho Code §74-206 (1) (d) To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code; 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. Council discussed a possible land acquisition. RETURN TO OPEN SESSION At 10:17 p.m. Council Member Maciaszek moved to return to Open Session. Council Member Holmes seconded the motion. In a voice vote, all members voted aye, and the motion carried. ADJOURNMENT Without further business,Mayor Giles adjourned the meeting at 10:17 p.m. Y OF ATTEST: =n �� Z Ro ert S. Giles, Mayor ♦ � o , BessieJo Wa e , City Cle r"""11 MCCALL CITY COUNCIL Page 17 of 17 August 27, 2020 Regular Meeting