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HomeMy Public PortalAbout2020.09.24 Regular Council Minutes MINUTES McCall City Council Regular Meeting McCall City Hall-- Legion Hall AND TEAMS Virtual September 24,2020 Call to Order and Roll Call Pledge of Allegiance Approve the Agenda Consent Agenda Public Comment Work Session Business Agenda Adjournment CALL TO ORDER AND ROLL CALL Mayor Giles called the regular meeting of the McCall City Council to order at 5:30 p.m. Mayor Giles, Council Member Holmes, Council Member Maciaszek, Council Member Nielsen, and Council Member Sowers all answered roll call. City staff members present were Anette Spickard, City Manager; Bill Nichols, City Attorney; BessieJo Wagner, City Clerk; 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; Rick Stein, Airport Manager; Eric McCormick, Golf Course Superintendent; Meg Lojek, Library Director;Chris Curtin,Information Systems Manager;Traci Malvich,Human Resources Manager; Justin Williams, Police Chief,Nathan Stewart, Public Works Director; Also, in attendance were Scott Carnes of Lakeshore Disposal; David Druzisky, American Society of Golf Course Architects; Stefanie Nielsen, Wildfire Prevention Associates; Garret DeJong, McCall Fire Chief Mayor Giles led the audience in the Pledge of Allegiance. APPROVE THE AGENDA Council Member Holmes moved to approve the amended 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 MCCALL CITY COUNCIL Page I of I5 September 24, 2020 Regular Meeting Council for reading and study. Items listed are considered routine by the Council and were enacted with one motion. 1. Regular Council Minutes August 27, 2020 2. Payroll Report for period ending September 4, 2020 3. Warrant Register—GL 4. Warrant Register—Vendor 5. AB 20-256 City Licenses Report to Council Per McCall City Code: Per McCall City Code Title 4 Chapter 9, the City Council has determined 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. 6. AB 20-257 Treasurer's Report as Required by IC 50-208:Treasurer's report of accounts and activity of office during the month of August 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. 7. AB 20-255 Request to Proclaim October 4-10,2020 as Fire Prevention Week—"Serve Up Fire Safety in the Kitchen!TM": The City of McCall, Idaho is committed to ensuring the safety and security of all those living in and visiting the City. Fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire. This year's National Fire Protection Association®(NFPA®)Fire Prevention Week campaign is "Serve Up Fire Safety in the Kitchen!TM" The campaign works to educate everyone about the small but important actions they can take to keep themselves and those around them safe. Help educate everyone in your community about simple but important actions they can take to keep themselves safe while cooking in the kitchen. Cooking is the leading cause of home fires and home fire injuries in the United States. Almost half(44%) of reported home fires started in the kitchen, and two-thirds (66%) of home cooking fires start with the ignition of food or other cooking materials. Since 1922, the NFPA has sponsored the public observance of Fire Prevention Week. In 1925, President Calvin Coolidge proclaimed Fire Prevention Week a national observance, making it the longest-running public health observance in our country. During Fire Prevention Week, children, adults, and teachers learn how to stay safe in case of a fire. Firefighters provide lifesaving public education in an effort to drastically decrease casualties caused by fires. In an effort to support the national proclamation of Fire Prevention Week and bring awareness to the citizens of McCall, staff requests the Council proclaim October 4-10, 2020 as Fire Prevention Week in McCall. The proclamation, and talking points are attached. More information and activities can be found on the NFAP website: www.nfpa.org/Public-Education/Staving-safe/PLoaredness/Fire-Prevention- Week/About. Action: Proclaim October 4-10, 2020 as Fire Prevention Week throughout the City of McCall and authorize the Mayor to sign the proclamation. MCCALL CITY COUNCIL Page 2 of 15 September 24, 2020 Regular Meeting 8. AB 20-258 Request to Proclaim October 2019 as Arts and Humanities Month: National Arts & Humanities Month is a coast-to-coast collective celebration of culture in America. Coordinated by Americans for the Arts, it has become the largest annual celebration of the arts and humanities in the nation. From arts center open houses to mayoral proclamations to banners and newspaper articles, communities across the United States join together to recognize the cultural gems surrounding them.The month of October has been recognized as National Arts and Humanities Month by thousands of arts and cultural organizations, communities, and states across the country, as well as by the White House and Congress for more than 30 years. The arts and humanities embody much of the accumulated wisdom, intellect, and imagination of humankind and play an important role in our lives—they provide enrichment and strive to provide enlightening and transformational experiences to the broadest possible cross section of the American public. The arts allow us to explore ideas, express emotions, and better appreciate cultures from around the world. The nonprofit arts industry also strengthens our economy by generating $166.3 billion in total economic activity annually, 26 billion in government revenue, and by supporting the full-time equivalent of 5 million jobs nationwide. National Arts & Humanities Month is an opportunity to recognize and celebrate the positive impact the arts bring to our schools and communities therefore in an effort to support the national proclamation of Arts and Humanities, staff requests that Council proclaim October as Arts and Humanities month in McCall.Action:Proclaim October 2020 as Arts and Humanities Month and authorize the Mayor to sign all necessary documents. 9. AB 20-259 Request to Approve MCPAWS FY21 Annual Service Agreement: Each year the City of McCall contracts with MCPAWS Regional Animal Shelter for pound and animal shelter service. MCPAWS will provide to the City the following: a. Care and boarding for animals brought to the shelter by members of the McCall Police Department, animals found within McCall city limits and brought to the shelter by private citizens, and animals surrendered by residents living within McCall city limits. b. 24-hour access to the facility for drop off by the McCall Police Department. c. Collection of fees for impounded animals, fees to be retained by MCPAWS. Fees to be set by MCPAWS. d. Quarantine of vicious animals, animals suspected of biting,or animals being held in a pending court case. e. Quarterly reports will be provided to the McCall City Clerk of activity to include the number of animals impounded and data relating to the actual location the animal was found, number of days boarded, etc. Action: Approve the Agreement for Services for FY21 with MCPAWS Regional Animal Shelter and authorize the Mayor to sign all necessary documents. 10. AB 20-260 Request to Approve Treasure Valley Transit (TVT) FY21 Annual Agreement Request: This is the annual contract for services with Treasure Valley Transit (TVT) for fiscal year 2021. TVT will provide to the City the following: a. Free public transportation to the general public within the City seven (7) days per week from 7 AM until 7 PM Mountain Standard Time on the route established within Appendix 1 to this agreement. TVT is not required to provide transportation services on Thanksgiving Day or Christmas Day. b. Free transportation to the general public who request a pickup or drop- off within 3/ of a mile from the route established. c. Free transportation to anybody along the designated route who flags the bus for pickup in a location where it is safe to stop and accommodate the passenger pickup. d. Free transportation to the general public within the expanded service area on Fridays and Saturdays and during extended Holiday Weekends between Memorial Day weekend and Labor Day weekend on a route that is a continuous loop from the Super 8 to the Brundage Inn along the main corridor. e.A commuter Express MCCALL CITY COUNCIL Page 3 of 15 September 24, 2020 Regular Meeting Route connecting McCall to Lake Fork, Donnelly, and Cascade. f. An online website with access to route maps outlining transportation services provided by TVT within McCall. g. No later than June 1,2021,an annual report outlining the number of riders/passengers who utilized TVT transportation within the previous year from May 31, 2019 through May 31, 2020,together with financial statements for TVT consisting at a minimum of the prior year end annual Balance Sheet and Profit and Loss statements as well as the current year to date Balance Sheet and Profit and Loss statements.Action:Approve the request of the Treasure Valley Transit (TVT) Annual Agreement for FY21 and authorize the Mayor to sign all necessary documents. 11. AB 20-261 Approve a New lease for Hangar 545 for Fitzpatrick Revocable Trust and Terminate the existing lease with InterEd, Inc.: Fitzpatrick Revocable Trust. is purchasing Hangar 545 from InterEd, Inc. Therefore, 103 Investments, LLC has requested a new lease for Hangar 545, and an existing lease cancellation from InterEd, Inc. The lease consists of 1,512 square feet of property. The current annual Hangar Lease payment of $454.63 is paid through September 30th. The new rate will be $453.60 and increases the lease term from the original 14 years remaining to 40 years. Staff will work with the broker to receive the differences between the old and new lease payments.The purchaser has been provided with a copy of the current lease, current Airport Rules and Regulations, and Airport Minimum Standards. The City Clerk will record the document and keep a copy for the City's records. The City requested a$200 transaction fee.Action:Approve a New lease for Hangar 545 for Fitzpatrick Revocable Trust and terminate the existing lease with InterEd, Inc. and to authorize the Mayor to sign all necessary documents. 12. AB 20-262 Renewal of the Digital Mailing System Contract with Pitney Bowes: It is time to renew the City's contract with Pitney Bowes for our Digital Mailing System. The new rate is$90.71 per month for 60 months which is$12.79 less a month than our previous contracted amount. This rate is the same as what the State has negotiated on the State Contract. Our last renewal was in 2016. This renewal includes a new postage machine. Overall staff is satisfied with the service provided by Pitney Bowes. Action: Approve the renewal contract with Pitney Bowes for the Postage Digital Meter System and authorize the City Clerk to sign the agreement document online. 13. AB 20-263 Request to Approve Amendment to Consulting Services Agreement with Bill Flood for a McCall Public Art Plan: Two revisions to the Consultant Services Agreement with Bill Flood for a McCall Public Art Plan,approved by City Council on July 23, 2020, are presented in the attached amended Consulting Services Agreement: 1. The completion date is extended from September 30, 2020 to December 31, 2020. The Consulting Services Agreement presented to City Council on July 23, 2020 incorrectly stated the services completion date of September 30,2020 in section 1(a)B.2.The contract amount is reduced by $1000 to allow the City of McCall to directly utilize these funds for public outreach marketing efforts. This contract reduction is approved and supported by the consultant. Action: Approve the Amended Consulting Services Agreement with Bill Flood for a McCall Public Art Plan and authorize the Mayor to sign all necessary documents. 14. AB 20-264 Request for Approval of a STOR-IT Storage unit contract for McCall Police Department: The McCall Police Department rents two storage units from STOR- IT annually. One unit is for the secure storage of oversized training and department equipment. The second unit provides a location for oversized property that cannot be returned to its owner and requires secure storage. Action: Approve two STOR-IT rental contracts and authorize the Mayor to sign necessary documents. MCCALL CITY COUNCIL Page 4 of 15 September 24, 2020 Regular Meeting 15. AB 20-274 Request for Approval WHO Software Agreement Terms and Conditions: WHO software provides monitoring capabilities for the existing network and will provide insight\nonitoring for the RAPID fiber network. The WHO software is a comprehensive monitoring package that gives us insight as to the health of the network, switches, internet connections,servers etc. The City does not currently have a software package that provides this level of information. This software will help with tuning the network, troubleshooting and notifications of issues across all of our technology. This software helps us know what is going on and address problems and potential problems sooner.Action: Approve WHO Software License Agreement terms of use and annual payment and authorize the Information Systems Manager to electronically sign and accept the terms. 16. AB 20-275 Request to Award proiect of Buried Fiber Conduit Installation—Deinhard Lane Bid Alternate): The request for proposal (RFP) for the Buried Fiber Conduit installation project was published for several weeks in different manners — website and newspapers. The bid opening was conducted on 6-12-2020 by the City Clerk. There were 4 bidders for the contract with Idaho Site Prep submitting the lowest bid. Idaho Site Prep was awarded the Spring Mountain Blvd portion of this project on June 18, 2020.Award of the bid alternate completing the Deinhard section that began in 2019. This section continues north from the bike path to Lakeside Ave along Deinhard\Boydstun. Additionally, it includes Industrial Loop which will provide opportunity for Middle Mile connectivity. This project will be funded using CARES grant dollars awarded to the City. This project provides several benefits: 1. Connecting city facilities securely and reliably to provide access to the internal network and internet. 2.Unused conduit can 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. 4. Open public wireless will be deployed around the City to support distance learning and telework.Action:Award the bid for the Bid Alternate section of Buried Fiber Conduit Installation—Deinhard Lane to Idaho Site Prep in the amount of$205,000 and authorize the Mayor to sign all documents. 17. AB 20-277 Request for Approval of Credit Terms and Conditions with Irby Company: Irby Company supplies materials used in the deployment of fiber technologies. The City is purchasing fiber splicing cases and raw fiber from them.These terms have been reviewed by the City Attorney.Action: Approve Irby Company terms and conditions and authorize the Finance Director to open an account. Council Member Nielsen moved to approve the Consent Agenda as submitted Council Member Maciaszek seconded the motion.In a roll call vote Council Member Nielsen,Council Member Maciaszek, Mayor Giles, Council Member Holmes, and Council Member Sowers all voted aye, and the motion carried. PUBLIC COMMENT Mayor Giles called for public comment at 5:35 p.m. No public comments received. Hearing no comments,Mayor Giles closed the comment period. MCCALL CITY COUNCIL Page 5 of 15 September 24, 2020 Regular Meeting WORK SESSION AB 20-270 Future of Recy clim, Programs Discussion Scott Carnes, Operations Manager for Lakeshore Disposal, presented an update on county recycling programs, the current market for recyclables, and challenges faced by our area. Lakeshore Disposal recently extended their solid waste management contract with Valley County through 2028 as part of the implementation of the new Lake Fork recycling facility. Understanding the ideas and interests of the Council for the addition of recycling services in McCall given the new Lake Fork facility is important for both Lakeshore and the City's planning for future contract negotiations and operations. Mr. Carnes gave a brief update on recycling for Valley County and the options for City of McCall residents, including curbside and mandatory trash service to reduce costs. The current proposal is set up so that all current subscribers to Lakeshore Disposals trash service,not the entire City,would receive a second can. Optional curbside recycling could cost as much or more than $14 a month for the current number of subscribers but the cost could be lowered with a mandatory service for all City residents. Mr. Carnes explained that the market for recycling has changed since 2017 and gave a detailed explanation of the different plastics,what it takes to recycle each type,and the cost associated with recycling. An alternative option for the City would be to designate a location for local recycling drop off but he worries about how that will impact what the County is trying to accomplish with the Lake Fork location stating that 75% of recycling in the County currently comes out of McCall. Anette Spickard, City Manager, asked for an overview of how industrial or commercial recycling services are changing,if at all with the move to the Lake Fork facility and what Lakeshore Disposal will be doing to educate the public about moving the recycling center. City Manager Spickard brought up the concern that people may still drop items at the site in McCall once the move to the new site is complete.Mr. Carnes updated the Council on how industrial and commercial businesses are serviced for cardboard and recycling pickup. As far as how the move will be communicated, the County is handling that issue. Information is communicated on the website both at the County and the City level as well as a social media campaign. Mr. Carnes believes there will also be signage directing the public to the new facility. City Manager Spickard shared that the McCall Area Chamber of Commerce has a working group of local business owners that are very interested in recycling and how to bring greener practices to the local community, especially within the restaurant community. She will be bringing the recycling discussion back to Council to decide if there is a hybrid model that might work if there is still an interest. Council Member Nielsen asked for more clarification as to what changed in 2017.Mr.Carnes gave a detailed description of how the recycling market has changed in the last couple of years with certain types of plastic being in more demand than others. Plastics in less demand are mainly being landfilled and not recycled because of what it takes to break them down and the cost associated with that process. Council Member Sowers asked about a portable type of depot in town a few days a week or month. He heard about other areas doing this successfully. Council Member Holmes brought up the same idea,hearing citizens talk about doing a co-op recycling setup within the community. Council Member Maciaszek wants to see how the move to the new Lake Fork recycling center goes and obtain more feedback from the community before making any decisions. MCCALL CITY COUNCIL Page 6 of 15 September 24, 2020 Regular Meeting Council Member Nielsen continued to ask for more clarification about how charging customers would look for curbside pickup. Council Member Nielsen would like to find an option for local recycling rather than waiting to see what happens with the new Lake Fork facility and wondered if the City could do something to fill the gap with a local location for recycling to be transported to the Lake Fork depot. Mr. Carnes explained the high cost of recycling equipment and what is needed for a McCall depot, and how the Lake Fork facility operates. The Council had no further questions and thanked Mr. Carnes for the informative presentation. AB 20-276 Wildfire Preparedness Presentation Mayor Giles introduced a discussion on wildfire preparedness. Stefanie Nielsen from Wildfire Prevention Associates & Garrett DeJong, McCall Fire Chief gave an educational presentation on wildfire fire preparedness and reviewed associated local programs. Fire Chief DeJong started the discussion reviewing an evacuation checklist and a review of what Code Red is and how Code Red is being used locally during emergencies. Evacuations are very dependent on fire activity;the main goal is to move toward the valley floor and away from timber. He went over statistics about their woody debris program and burn permits issued. The woody debris program has decreased burning within the City and has been an extremely successful program.Council Member Holmes asked about regulations of recreational burning within the City. Fire Chief DeJong explained that open burning within the City requires a permit and permits can only be given out when the State decides to open the burning period for the season. There needs to be a proper firepit size, 3ft by 3ft with a hose line to be able to burn it safe. Private property attended open fires are allowed as long as the State is not in a fire restriction at the time. Ms. Nielsen, who manages the Valley County Fire Wise project, shared that there are a few prevention projects currently in operations. McCall is a USA Fire Wise recognized community. Getting the community involved through the Community Leaders program has helped with spreading education about prevention. The Council had no further questions and praised the programs for prevention going on in the community. BUSINESS AGENDA AB 20-266 McCall Golf Club Master Plan Presentation and Request to Approve Resolution 20-21 Adopting the Master Plan as a Planning Document for the McCall Golf Club Golf Course Superintendent Eric McCormick introduced David Druzisky American Society of Golf Course Architects (ASGCA)and gave a brief historical overview. On November 7, 2019 the McCall City Council approved a Consulting Design Services Agreement with David Druzisky for Preparation of an Asset Management and Enhancement Master Plan for the Golf Course. During the development of the plan,Mr. Druzisky spent last fall through the winter and this spring talking to the Golf Advisory Committee, Men's and Women's clubs, staff and other influential golfers. He also developed the history of the golf course by meeting with four of the past and the present golf course superintendents. The plan has been presented to the Golf Course Advisory Committee who has approved. Mr. Druzisky gave a brief history of his professional experience and presented his assessments for the Golf Course Asset Management / Master Plan. He identified the course assessment of aging MCCALL CITY COUNCIL Page 7 of 15 September 24, 2020 Regular Meeting assets including life cycle charts explaining each item. He shared impact of asset condition on maintenance efficiency, labor costs, golfer experience, safety, and revenue impact. He stated that some areas he took pictures of explaining the issues of safety and efficiency issues going on around the course. He explained the importance of course design which covers game attributes, length/yardage,course features, and design traits. Mr. Druzisky gave his general recommendations addressing culvert crossings and bridges, renovation of Cedar bunkers, add fairway bunkers on Aspen and Birch, new silver and gold tees, level and adjust remaining tees, new irrigation heads and controller and green improvements on Aspen and Birch, an Asphalt cart path replacement program,new irrigation on Cedar and practice range, additional sub drainage in problematic areas, artificial tree line hitting surface at practice range tee, and some design enhancements. He went through a map showing the problem areas and the type of improvements needed. The Council liked the plan and had no further questions of Mr. Druzisky. Council Member Maciaszek moved to approve Resolution 20-21 Adopting the Master Plan as a Planning Document for the McCall Golf Club,authorize the Mayor to sign all necessary documents and direct staff to find funding sources to implement the plan. 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 20-273 Request for Approval of contract (Fiber Pulling and Splicing— FALL 2020) to Install and Terminate Fiber as part of the CARES Grant Funding Information Systems Manager Chris Curtin presented the contract (Fiber Pulling and Splicing— FALL 2020) to install and terminate fiber as part of the CARES Grant Funding. On August 26, 2020, Idaho Commerce announced that the City of McCall has been approved for $771,063 in Idaho Broadband CARES Act funding to support implementation of McCall's RAPID broadband effort. This grant funding will be used to install and splice fiber throughout the entirety of conduit already in the ground (-12 miles), provide wireless service in five 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. This grant requires no match. Information Systems put out a request for bid for the 2020 Fall project of pulling and splicing fiber throughout the entirety of existing conduit installed in the community. On September 24, City Clerk BessieJo Wagner opened the bids at 11:30 a.m. There were two bids received: Das-Co of Idaho(Nampa\Cascade) and Track Utilities(Meridian). Staff recommends Das-Co of Idaho in the amount of $126,269.25. The bid from Track Utilities was incomplete and therefore it is recommended to reject it. The required deadline for this project is to be completed before December 15, 2020 and staff believes this contributed to the small number of bidders. Staff has experience with Das-Co of Idaho and believes they will be very capable of meeting the requirements within the allotted timeframe. Council Member Holmes moved to award the Fiber Pulling and Splicing — FALL 2020 contract in the amount of $126,269.25 to Das-Co and authorize the Mayor to sign all necessary documents. Council Member Sowers seconded the motion. In a roll can vote Council Member Holmes, Council Member Sowers, Mayor Giles, Council Member Maciaszek, and Council Member Nielsen all voted aye, and the motion carried. MCCALL CITY COUNCIL Page 8 of 15 September 24, 2020 Regular Meeting AB 20-269 Request to Approve the Agate Street Water Main Construction Agreement Public Works Director Nathan Stewart presented the Agate Street Water Main Construction Agreement. Over the past year, Public Works has been working with the Richard McQuery and three additional property owners on Agate Street (1906A, 1906B, 1908, 1901) who are currently receiving potable water services from the McCall Water Department. The existing water services are fed from a city main located in Davis Beach and the lines are at their end of life stage and need replaced. Additionally, these services were originally installed 30-40 years ago across the Agate parcels in a manner that is not conducive for future development. The construction agreement stipulates that Mr. McQuery will contract the construction of a new city water main to be located with the Agate Street access easement and install new water services to each of the Agate lots. Upon completion of the work, certification by the Project Engineer (Nemec Engineering), and acceptance by the City Engineer,the City will reimburse Mr.McQuery $21,000 to cover project costs principally associated with the new water services replacing the existing services (coming from Davis Beach) as well as a new fire hydrant located at the Agate/Davis street intersection. The agreement has been reviewed by the City Attorney,Mr. McQuery, and the Project's Engineer. Approving this agreement will facilitate Mr. McQuery's contractor (Deboer Construction) to commence construction in early October 2020 which is the only timeline feasible to minimize impacts to the Agate Street property owners and prior to the onset of winter weather. Council Member Maciaszek moved to approve the Agate Street Water Main Construction Agreement and authorize the Mayor to sign all necessary documents. Council Member Holmes seconded the motion. In a roll call vote Council Member Maciaszek, Council Member Holmes, Mayor Giles, Council Member Nielsen and Council Member Sowers all voted aye, and the motion carried. AB 20-268 Downtown Core Reconstruction Phase 211: Request to increase chantte order authority to 20% Public Works Director Nathan Stewart presented the Downtown Core Reconstruction Phase 213: Request to increase change order authority to 20%. On 3/12/20,City Council awarded the contract for the Downtown Core Phase 2B project in the amount of$1,859,105.75 and authorized City staff to manage change orders up to 10% ($185,105.75). To date and since the commencement of construction, the Construction Engineering and Inspection (CEI) team has approved three (3) change orders totaling$168,268.67. Of those change orders, a significant portion—$110,000(paid out of the City Campus fund) funded the relocation of the Payette Lakes Recreational Water & Sewer District(PLRWSD)pressure sewer main which was necessary for future library and overall campus master plan development. The pressure sewer relocation was not considered when establishing the 10% change order limit on 3/12/20. Additional project change orders are anticipated that will elevate the project's total change order costs to over the 10% threshold. The costliest additional work item includes reconstructing and repaving the Railroad Right of Way(ROW)pathway to its new location(under the newly relocated pressure sewer) behind the existing City Annex and library buildings to improve pathway user safety and Parks Department operational needs. The pathway work alone is valued at—$35,000. Public Works and Parks staff have met with the City Manager and City Treasurer to affirm that there are sufficient funds within the Streets LOT and City General funds to cover these additional MCCALL CITY COUNCIL Page 9 of 15 September 24, 2020 Regular Meeting project expenses. Accordingly, staff requests the City Council to approve increasing the change orders to be managed by City staff to 20% (an increase of $185,105.75). This amount will sufficiently cover the increased costs to reconstruct the pathway as well as cover future change orders (including the final balancing change order) that adjusts all work items based on the final installed quantities. Council Members Holmes and Council Member Nielsen expressed concerns with staff approving these changes stating it is Council's responsibility to call Special Meetings if need be for approving items such as this one. Council Member Nielsen had concerns about the changes since they are in addition to the original contract.Mayor Giles asked the legality of the change orders. City Attorney Bill Nichols stated that the change orders are legal if related to the overall work. City Manager Anette Spickard did not have an issue with the change order as it was part of the plan and a design item that had been previously considered. This allows the City to save money and not have to do Park Street twice. Council Member Nielsen wanted clarification as to the need for replacement next summer and Public Works Director Stewart explained the timing of when that pressure sewer would need to be replaced was contingent on the Library Building project and campus improvements. This is an opportune moment to fix it. Council Member Nielsen wanted to know why that something this substantial was not rolled into the 2A project. Public Works Director Stewart stated there are a couple different dynamics that came into play including parallel planning for the City Campus Plan and the failure of the Library bond which would have paid for the replacement. Staff has had to figure out how to accomplish the replacement while keeping in line with other projects outside of the Downtown project and at the least cost to the City. This was late in the game when this occurred and using the current contractor provides a better cost to the City. As construction is so variable,having an additional 10%flexibility to make these decisions in short time so as to keep everything flowing smoothly is the reason for the request. Council Member Maciaszek moved to authorize City staff to manage change orders up to 20% over the initial Contract amount for the Downtown Core Reconstruction Phase 213 Project. Council Member Sowers seconded the motion. In a roll call vote Council Member Maciaszek, Mayor Giles, and Council Member Sowers all voted aye, Council- Member Nielsen and Council Member Holmes voted no, and the motion carried. AB 20-265 Request the Approval of a Construction Contract for the Brown Park Slope Stabilization Improvements Parks & Recreation Director Kurt Wolf presented the Construction Contract for the Brown Park Slope Stabilization Improvements. During August and September,the City, with the assistance of Horrocks Engineers, conducted the formal bidding process for this project. The project consists of shoreline restoration and reconstruction of the rock rip rap armament. The project also includes a bid alternate for the work and costs related to constructing portions of this project in a manner that will be more attractive and interactive to the public with the ability to interface and interact with the lake. This project is the first phase of a series of projects associated with the sunset of the McCall Urban Renewal Agency to complete the scope of their original master plan. The shoreline slope stabilization work associated with this phase will require approximately 37 days to construct beginning in early mid-October and concluding in late-November while the lake is at low pool. The bid opening occurred on 9/15/20 and three bids were received. Horrocks Engineers has reviewed all bids for accuracy and responsiveness.Project Engineer,Heidi Carter,provided a letter MCCALL CITY COUNCIL Page 10 of I S September 24, 2020 Regular Meeting discussing the bid results in comparison to the Engineer's estimate and recommendation to award the contract to the responsive bidder, Falvey's LLC for both the base bid and the bid alternates. Parks & Recreation Director Wolf has met with both the City Manager and City Treasurer to confirm adequate funding is available in the appropriate McCall Redevelopment Agency (MRA) Funds for FY21 to award the construction contract and provide a 15% contingency for potential change orders given the nature& location of work and history of the site. Council Member Sowers wanted to know what would happen if the repair was not done. Parks & Recreation Director Wolf stated the slope would continue to erode into the lake losing public open space on the waterfront. Council Member Maciaszek clarified that the Urban Renewal Agency has authorized this project and the City is completing the work on behalf of the Urban Renewal Agency. Council Member Nielsen felt that staff has done a great job with this project. Staff shared a design map showing the new public amenities that will be able to be done since the project came in under budget. Council Member Maciaszek wanted to highlight that Falvey's LLC also did the work on the Boardwalk pathway on Wooley. Council Member Maciaszek moved to award the Brown Park Slope Stabilization Improvements construction contract to Falvey's LLC. in the amount of$358,000; authorize the Mayor to sign all necessary documents; and authorize City staff to manage change orders up to 15% over the initial Contract amount. 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 voted aye, and the motion carried. AB 20-267 Business Use of Public ROW or Parking Lots Discussion and Request to Approve A Revocable Encroachment License Application process and the Adoption of Two Open Container Ordinance Code Amendments Community & Economic Development (CED) Director Michelle Groenevelt presented the Business Use of Public Right of Way(ROW) or Parking Lots Discussion, request of a Revocable Encroachment License Application process, and the adoption of two Open Container Ordinance Code Amendments. Across the country, local governments are making provisions to help the business communities navigate the impacts of the COVID-19. The purpose of this agenda bill is to propose the process and permit structure to allow our businesses to temporarily utilize the public rights-of way such as sidewalks and/or public parking spaces to accommodate customers who cannot be physically inside due to COVID precautions. Currently, the City does not have a clear or easy process to consider the use of public ROW or parking by private business in a manner that recognizes these challenging times and assists the businesses while protecting public health. Numerous Idaho communities have created this opportunity and staff modeled the application after the City of Ketchum. The application would be submitted for an administrative review by the City Planner ($50 fee) and routed to the relevant department and agencies for comments prior to approval. The permit would be temporary and valid for 180 days. For restaurants serving alcohol, an ordinance change is needed to allow for exceptions to the open container regulations.Restaurant establishments would still need to comply with local and state standards for alcohol. The City Attorney worked with the Prosecuting Attorney to draft the ordinances. Council Member Sowers wanted to know if there had been any input by local businesses on this topic. CED Director Groenevelt stated there has been collaboration with the local businesses and City staff and there has already been one application interest. This is a common practice in other cities, and she wanted to be prepared for the requests. City Manager Anette Spickard mentioned the COVID task force has received support by many local businesses that have expressed interest MCCALL CITY COUNCIL Page 11 of 15 September 24,2020 Regular Meeting to be able to accommodate customers during the winter. Staff explained the due process and the reasons for the code amendments. Police Chief Justin Williams commented that he has been involved in developing this code amendment and is in support because there is an appropriate review process attached to it. City Clerk BessieJo Wagner shared that the State Police Alcohol Beverage Control has been contacted and they stated that so long as the City has something in place to allow it, they would not have any issue. Council Member Holmes expressed concerns about this working for very few businesses and ADA compliance issues.CED Director Groenevelt responded stating that businesses would have to have at least 48 inches around the seating area which is ADA standard. When an application is submitted, it is passed through all relevant departments for review before being approved. Council Member Nielsen noted concerns regarding long-term implications, limited sidewalk accommodation for tables for most businesses,and there would be inequity in the process.Director Groenevelt reiterated that it would be a revocable temporary permit and at the same time correcting some issues of businesses using the public ROW without approval. Staff explained there is also an appeal process to Planning& Zoning and Council, the State highway is a different jurisdiction so this would not apply to business located on the highway, it is only for adjacent space (no roadways), each proposal has to meet all the City codes. She answered questions regarding bar tents, ADA access, and public parking. Public Works Director Nathan Stewart clarified the business ADA access between a public parking space and private parking space. An applicant blocking an ADA parking space would not be approved without an acceptable alternative ADA parking space. CED Director Groenevelt shared that staff is working on an umbrella of ideas to help businesses and this is just one option. Staff is willing to bring back approved permits for review before Council. Council directed staff to make edits to include a mandatory site plan in the Revocable Encroachment License Application, add a limit to the amount of times an applicant can reapply without further review, and an update report of applications in the monthly department report. Council Member Sowers moved to approve the Revocable Encroachment License Application form process and authorize Mayor to sign all necessary documents. 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. Council Member Sowers moved to suspend the rules and Read by Title only one-time only Ordinance No. 993. Council Member Maciaszek seconded the motion. In a roll call vote Council Member Sowers, Council Member Maciaszek, Mayor Giles, Council Member Holmes, and Council Member Nielsen all voted aye, and the motion carried. City Clerk Bessie-Jo Wagner read Ordinance No. 993: An Ordinance of the City of McCall, Valley County, Idaho, amending section 5-5-030, Prohibitions, (f), Open Container, of the McCall City Code to include section 4.9.19, Open Containers on Public Property for Permitted Business Premises, of the McCall City Code as an exception. MCCALL CITY COUNCIL Page 12 of 15 September 24, 2020 Regular Meeting Council Member Sowers moved to adopt Ordinance No. 993 amending section MCC 5-5- 030,Prohibitions,(F),Open Container,to include Section 4.9.19,Open Containers on Public Property for Permitted Business Premises, as an exception and authorize Mayor to sign all necessary documents. Council Member Maciaszek seconded the motion. In a roll call vote Council Member Sowers, Council Member Maciaszek, Mayor Giles, Council Member Holmes, Council Member Nielsen all voted aye, and the motion carried. Council Member Sowers moved to suspend the rules and Read by Title only one-time only Ordinance No.994.Council Member Holmes seconded the motion.In a roll can vote Council Member Sowers, Council Member Holmes, Mayor Giles, Council Member Maciaszek, and Council Member Nielsen all voted aye, and the motion carried. City Clerk BessieJo Wagner read Ordinance No. 994: An Ordinance of the City of McCall, Valley County, Idaho enacting section 4.9.19, Open Containers on Public Property for Permitted Business Premises, to Title 4,Business Regulations, Chapter 9, Alcoholic Beverages, of the McCall City Code, to allow open containers on public property for businesses holding a valid revocable encroachment permit issued by the City of McCall to use public space as part of its business establishment. Council Member Sowers moved to adopt Ordinance No. 994 enacting section MCC 4.9.19, Open Containers on Public Property for Permitted Business Premises, to Title 4, Business Regulations, Chapter 9, Alcoholic Beverages and authorize Mayor to sign all necessary documents. Council Member Maciaszek seconded the motion. In a roll can vote Council Member Sowers, Council Member Maciaszek, Mayor Giles, Council Member Holmes, and Council Member Nielsen all voted aye, and the motion carried. AB 20-272 Stibnite Gold Proiect Draft Environmental Impact Statement Update City Manager Anette Spickard presented the Stibnite Gold Project Draft Environmental Impact Statement Update. The Forest Service is accepting public comments on the Draft Environmental Impact Statement(DEIS)for the proposed Stibnite Gold Project,also referred to as the Midas Gold project,which is a gold and antimony mine operation seeking a permit to operate on approximately 3,500 acres of federal, state, and private lands near Yellowpine. The DEIS analyzes 5 alternatives: 1) the original proposal, 2) an amended proposal submitted by the company, 3) a proposal to relocate the development rock and tailing storage facilities to avoid or reduce potential impacts to federally listed fish species, 4) a proposal from the Forest Service and Cooperating Agencies responding to significant issues identified during the project scoping phase, and 5) the no action alternative. The company is soliciting public support for alternative 2. Specific written comments will be accepted by the Forest Service regarding the DEIS for the proposed Stibnite Gold Project until October 13, 2020. Staff is primarily focused on reviewing the analyses related to transportation impacts and socio- economic impacts as they relate to the City of McCall.The Council may wish to provide additional comments related to any part of the project. Council may continue this discussion at their October 8 meeting with the goal of approving submittal of comments at the October 8 meeting. City Manager Spickard covered the highlights of her draft memo to the Forest Service including adding the City of McCall in the study regarding traffic routes, safety, and payment for improvements; the impact to the waterways; address hazard material spills relating to suppling spill kits; keeping back country access assessable to the public; and not using Lick Creek Road as an access route. MCCALL CITY COUNCIL Page 13 of IS September 24, 2020 Regular Meeting She is requesting that the DEIS gives some recognition of the travel route through McCall near an impaired waterway, the listed conditions, and recommend in the record of decision of the mitigation measures for the intersection improvement and hazmat response, and any other items the Council would like to be included. The City does not have the legal authority to put together any development agreements with Midas Gold. Council had no questions and expressed their appreciation of the work that has been done. They felt it covered all their concerns and look forward to the final draft. City Manager Spickard stated she will bring the final draft back at the October 8, 2020 City Council meeting. AB 20-271 Consideration of Policy Proposals to Submit to Association of Idaho Cities for 2021 Legislative Session City Manager Anette Spickard presented the Policy Proposals to submit to Association of Idaho Cities (AIC) for the 2021 Legislative Session. The AIC has a process for members to submit legislative proposals for consideration as AIC priority legislation. Members can submit proposals to AIC staff at any time; however, to prepare for the upcoming session, the Bylaws do contain a deadline of Wednesday, September 30, 2020. Legislative proposals submitted to AIC for consideration by an approved sponsor must include the following information: • The sponsor (either the name, title, and city of the sponsor or the name of the AIC committee) • A brief summary of the proposed legislation in sufficient detail to evaluate the proposal • A simple statement of the fiscal impact of the proposed legislation on the state and local governments • Draft legislative language The Bylaws require the AIC Board of Directors to take the following information into consideration when reviewing legislative proposals: • The proposed legislation should affect more than one-member city, • The proposed legislation should benefit more than one-member city, • The proposed legislation should be within the general realm and scope of city government, and • The proposed legislation should be politically feasible. Council Member Nielsen mentioned he would like to see the legislation of the regulation of short- term rentals overturned to give cities a better ability to regulate short term rentals.Council Member Holmes agreed that this is a topic the Council should discuss because the legislation is tying the hands of cities for affordable housing and housing in general. Both Council Member Maciaszek and Council Member Sowers needed to refamiliarize with the regulation and had no comments to add. Mayor Giles had concerns of having enough time to put something together. City Manager Spickard stated the language is rather simple but the politics around the subject is difficult. So long as the item benefits multiple cities, she can present it to AIC. It will be up to them on whether they want to take it on. Council gave direction to prepare a proposal to AIC regarding the regulation of short-tenn rentals and the definition of Fiber as a utility. MCCALL CITY COUNCIL Page 14 o/'15 September 24, 2020 Regular Meeting COVID-19 Update Police Chief Justin Williams gave the COVID-19 update. He reported local numbers are holding steady with no significant increase or decrease. The Governor in his meeting this week stated the unemployment is down 4.7% which is ranked Yd in the USA. Statewide infection and deaths are staying constant. Central District Health mask order remains in effect with no change since their last board meeting. The City emergency powers order expired at midnight on September 18 and the City has reverted to the CDH mandatory mask order. The City is currently drafting a new ordinance to permanently establish the authority to issue public health orders. There will be a public hearing held on October 6. Staff answered questions regarding the CDH mandate and number of cases. Upcoming Meetings Schedule Discussion Council discussed upcoming meetings. The October 23 work session was moved to October 30. ADJOURNMENT Without further business, Mayor Giles adjourned the meeting at 10:04 p.m. 0011111111111111.4. of Me ATTEST: ♦ ` 4 1 ert S. Wes, Mayor nFro ' ID AIXp���`�� BessieJo Wa r, City Cl MCCALL CITY COUNCIL Page 15 of IS September 24, 2020 Regular Meeting