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HomeMy Public PortalAbout2021.02.11 Regular Meeting Minutes MINUTES McCall City Council Regular Meeting McCall City Hall-- Legion Hall VIA TEAMS Virtual February 11,2021 Call to Order and Roll Call Pledge of Allegiance Approve the Agenda Consent Agenda Chamber Department Reports Public Comment Public Hearing Business Agenda Adjournment CALL TO ORDER AND ROLL CALL Mayor Giles called the regular meeting of the McCall City Council to order at 5:30 p.m. Mayor Giles, Council Member Holmes, Council Member Maciaszek, and Council Member Nielsen all answered roll call. Council Member Callan was absent. 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; Morgan Bessaw, City Planner; Eric McCormick, Golf Course Superintendent; Meg Lojek, Library Director; Vlatko Jovanov, Network Administrator; Justin Williams, Police Chief; Nathan Stewart, Public Works Director Also, in attendance were Steve Millemann, Millemann Pittenger & Pemberton LLP; Steve Richards, Shimmick Construction; Jim Fronk, James Fronk Consulting LLC; Lisa Beck, Epikos Architecture; Joan Edwards; Dwain Sanders Mayor Giles led the audience in the Pledge of Allegiance. APPROVE THE AGENDA Council Member Holmes moved to approve the agenda as submitted. Council Member Maciaszek seconded the motion. In a voice vote all members voted aye, and the motion carried. CONSENT AGENDA MCCALL CITY COUNCIL Page 1 of 10 February 11,2021 Regular Meeting Staff recommended approval of the following ACTION ITEMS. All matters which are listed within the consent section of the agenda have been distributed to each member of the McCall City Council for reading and study. Items listed are considered routine by the Council and were enacted with one motion. 1. City Council Special Minutes—September 25, 2020 2. City Council Special Minutes—January 7, 2021 3. City Council Regular Minutes—January 14, 2021 4. Payroll Report for period ending January 22, 2021 5. Warrant Register—GL 6. Warrant Register—Vendor 7. Accept the Minutes of the following Committees a. Airport Advisory Committee—December 4, 2020 b. Golf Advisory Committee—December 9, 2020 c. Historic Preservation Commission—December 14, 2020 d. Library Board of Trustees—November 19, 2020 e. Library Board of Trustees—December 17, 2020 f. McCall Redevelopment Agency—August 18, 2020 g. McCall Redevelopment Agency—September 22, 2020 h. McCall Redevelopment Agency—October 20, 2020 i. McCall Redevelopment Agency—November 10, 2020 j. Parks and Recreation Advisory Committee—September 9, 2020 k. Parks and Recreation Advisory Committee—October 21, 2020 1. Parks and Recreation Advisory Committee—November 18, 2020 8. AB 21-037 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.The Clerk Report activity reflects closed businesses received during the renewal period. Action: Council review the License report. Council Member Maciaszek moved to approve the Consent Agenda as submitted. Council Member Holmes seconded the motion. In a roll call vote Council Member Maciaszek, Council Member Holmes, Mayor Giles, and Council Member Nielsen all voted aye, and the motion carried. REPORTS No one was present from the McCall Area Chamber of Commerce. The Council had no questions for the Chamber or staff and made no comments. MCCALL CITY COUNCIL Page 2 of 10 February 11, 2021 Regular Meeting PUBLIC COMMENT Mayor Giles called for public comment at 5:35 p.m. Hearing no comments, Mayor Giles closed the comment period. PUBLIC HEARING AB 21-033 Request Consideration for VAR-20-01, Variance Application for 221 Morgan Drive and request to Direct Staff to Draft Findings of Facts and Conclusions of Law Documents Mayor Giles opened the public hearing at 6.37p.m. City Planner Morgan Bessaw presented the request for consideration for VAR-20-01, Variance Application for 221 Morgan Drive. During their November 3, 2020 meeting, the Planning and Zoning Commission voted 5—2,to approve the findings recommending City Council approve the variance application. During their December 3, 2020 meeting, the McCall City Council held a public hearing on VAR-20-01. The hearing was closed, and the application was continued to the January 14th meeting to allow more time for deliberations. Following the meeting,the applicant's representative asked that the Council consider reopening the public hearing to address select new information that was introduced after the hearing was closed. The Council approved the request to reopen the hearing. The public hearing and new information on the project will be limited to three topic areas: 1.The assertion that,through appropriate due diligence,the Sanders' should have been aware of the limited buildable area and that a variance would be required to proceed outside of that area; 2. The assertion that granting the Variance would set a precedent for other applications; 3. The assertion that denial of the Variance Application is necessary to protect the River. The full application is for a Record of Survey application to remove the 20-foot setback from the 100 year floodplain on the subject parcel, within the River's Crossing plat, as well as a Variance and Shoreline Review application to waive the 50 foot setback requirement from the ordinary high- water mark and special flood hazard area of the North Fork of the Payette River, to permit the construction of a new 4,080 sq. ft. residence with an additional 3,631 sq. ft. of patios and a 2,941 sq. ft. detached shop with a 747 sq. ft. attached accessory dwelling unit with 564 sq. ft. of patios, for a total building and patio footprint on the site of 11,494 sq. ft. The development is located primarily within the special flood hazard area and of the Payette River and located entirely within the Shoreline and River Environs Zone. City Planner Bessaw addressed the due diligence of the applicant by referencing a portion of Unofficial Transcript for the McCall Area Planning and Zoning Commission's September 1,2020 Meeting Regarding VAR-20-01 for 221 Morgan Dr distributed to the Council and as part of the minutes, Attachment 1. gave a brief explanation of what the criteria are when considering the variance request. Per MCC 3.13.021 variances should only be granted if special physical conditions and circumstances applicable to the land, structure or building involved make a literal enforcement of the provisions of this title an undue hardship, and that the special conditions and circumstances are peculiar to the land, structure or building involved, and are not applicable to other lands, structures or buildings conforming to this title in the vicinity. The applicant has stated MCCALL CITY COUNCIL Page 3 of 10 February 11,2021 Regular Meeting that the buildable area of the lot is 6,415 sq. ft. once the 50 ft. setback from the SFHA, the side setbacks, and the HOA setback of 50 ft. from Morgan Dr.(code only requires 20 ft.) is taken into account and that this constitutes an undue hardship to develop the property as they desire. Steve Millemann, attorney, presented for the applicant. He stated the Planning & Zoning Commission(PZC) did not agree with staff about this not adhering to the McCall Comprehensive Plan and he responded to the written comments,the staff report,and the PZC. He pointed out there is embedded language in the Shoreline and River Environs ordinance 3.7.023b2 that is in contradiction and negates the McCall City Code Title 9 Chapter 8. He believes no one was aware of this contradiction when the code was adopted in 2019 nor was the applicant 3 years ago when they began this journey. Jim Fronk, James Fronk Consulting LLC, gave his credentials and shared his experience with working with water quality issues. He spoke to the area of impact and the work done to keep far up on the ridge. He shared that no untreated water would flow to the river and discussed the wetland impact. Steve Richards engineer and President of Shimmick Construction gave a brief background of his experience and his involvement with the civil construction and design committee and is a member of the applicant team. He spoke to the excavation impact and the wetlands. Joan Edwards, past member of the Design Review Committee, gave her credentials. She is very familiar with the lot in question and shared that this project is one of the few homes that is doing its best to stay nestled into the trees to have the least impact to the forest and viewshed. Mr. Millemann continued by addressing the floodplain code. Dwain Sanders, applicant, shared what investigation was done on this property and that a two-story home was not conducive for his wife and daughter. He spoke about not discovering the conflictive code until 3 years into this project. Mr. Fronk addressed the process. Mr. Millemann described the uniqueness of the lot and addressed the concern this request would be setting a precedent by showing how different all the other lots along the river are in comparison. He wrapped up his presentation by explaining that the applicant had done his due diligence and there have been many professional examinations of the property. Council Member Nielsen asked for clarification of the shoreline environ issues of the river to around the lake. Mr. Millemann explained the lakeshore and river's shore have two different construction standards and does not believe this conflict will be found around the lake. Mayor Giles asked for clarification of what is required when there are conflicts in the code and City Planner Bessaw gave a brief explanation of the two codes and the set back. She also clarified the review process for applications. No formal application was submitted until July 2020. Mayor Giles called for any additional public comment at 6:50 p.m. He recognized the receipt of the written comments and all Council members stated they have read the comments. The comments will not be read out loud but will be part of the minutes as Attachment 2. Mayor Giles closed the public hearing at 6.53 p.m. MCCALL CITY COUNCIL Page 4 of 10 February 11, 2021 Regular Meeting The Council discussed. Mayor Giles stated there was two options: proceed or table the issue to the next meeting. When polled, all Council members were ready to proceed. Council Member Maciaszek moved to deny the variance,direct staff to draft findings of facts and conclusions of law for review and approval at the next regular Council meeting.Council Member Nielsen seconded the motion. There was a discussion to explain each Council members view of the motion. Council Member Maciaszek feels there is no real hardship due to the size of the home for the lot size and that it is important to heed the public comments and follow the city code. Council Member Nielsen echoed Council Member Maciaszek. He does not feel it meets the hardship criteria either and stated there are many unique properties in McCall. He feels it is important to follow city code and not set a precedent. He is concerned about growth in our area, especially on the river. This was not an easy decision. Council Member Holmes tends to lean toward the legal findings of fact of PZC and believes it is wrong to consider the square footage of the house as it does meet code as well as this is an unique lot and that needs to be considered. Mayor Giles had no additional comments. In a roll call vote Council Member Maciaszek, Council Member Nielsen, and Mayor Giles all voted aye, Council Member Holmes voted no, and the motion carried. BUSINESS AGENDA AB 21-032 Request to Approve Minor Plat Amendment SUB-20-03 for Aspen Ridge III City Planner Morgan Bessaw presented the Minor Plat Amendment SUB-20-03 for Aspen Ridge III. A Minor Plat Amendment application for Aspen Ridge III to combine the 6 Cattail Point condominium sites and their exclusive common area, totaling 32,017 square feet, into one lot of record. A properly noticed public hearing was held on the application during the McCall Area Planning and Zoning Commission's regularly scheduled November 3, 2020 meeting. The Commission unanimously recommended approval of the application to the McCall City Council. No public comments were received. She read the Conditions of Approval which are as follows: 1. All applications (ROS-20-22, VAR-20-01, SH-20-03) are contingent upon the others receiving final approval. 2. Prior to issuance of a building permit,the applicant shall receive final engineering approval (see agency comments above). 3. Prior to issuance of a building permit, the applicant shall receive approval for a McCall Floodplain Development Permit. 4. Prior to issuance of a building permit,the application shall purchase two sewer connection permits as required by the Payette Lakes Recreational Water and Sewer District and shall adhere to all other district requirements (see agency comments above). 5. Prior to issuance of a building permit, the applicant shall receive approval of an administrative approval application in relation to the proposed local housing unit in the accessory structure and approval from the City Council for the proposed deed restriction language. MCCALL CITY COUNCIL Page S of 10 February 11, 2021 Regular Meeting 6. Prior to issuance of a Certificate of Occupancy, the applicant shall provide a copy of the recorded deed restriction for the local housing unit within the accessory structure. 7. Approval of this application shall lapse and become void whenever the applicant has not applied for a building permit within one year from the date of City Council approval of the application. Council Member Maciaszek recused himself as his realty office represents this applicant. Council Member Nielsen asked for clarity on the number of Council members needed to approve the item and City Attorney Bill Nichols stated it would take all three remaining members to vote yes. Council Member Nielsen stated he is not excited about single family homes that do not promote affordable housing. Mayor Giles agreed but felt that the Council does not have a legal reason to deny it. City Attorney Bill Nichols stated that so long as it meets code then it is an administrative function and not a discretionary decision. Council Member Nielsen moved to approve minor subdivision plat amendment application SUB-20-03 for Aspen Ridge III as recommended by the McCall Area Planning and Zoning Commission and authorize the Mayor to sign all necessary documents. Council Member Holmes seconded the motion. In a roll call vote Council Member Nielsen, Council Member Holmes, and Mayor Giles all voted aye, and the motion carried. AB 21-036 Request to Approve Resolution 21-05 Adopting the Purchasing Policy Manual City Treasurer Linda Stokes presented Resolution 21-05 to adopt the Purchasing Policy Manual. City Council reviewed the Purchasing Policy Manual at the January 7, 2021 Council meeting and requested staff to return with a Resolution to adopt the policy with an effective date. Staff proposes an effective date of March 1, 2021 to allow time for software updates and internal workflow updates to implement the new policy. The Policy Manual has one change from the draft reviewed by Council on January 7; the inclusion of the previously adopted Council policy regarding Environmentally Preferable Purchasing as an appendix so as to have all purchase-related policies in one document. As described by staff at the January 7 meeting, the purpose of the Purchasing Policy Manual is to ensure clear direction to employees, vendors, the Mayor and Council on matters related to the lawful and efficient purchasing practices of the city so as to obtain goods and services for the least cost and highest quality. The Association of Idaho Cities and the City Attorney have reviewed the attached policy.The Association of Idaho Cities and ICRMP recommend cities consider delegating signature authority to the City Manager/City Administrator for certain purchases and contracts to ensure timely management of day to day operations and efficient use of the City Council's time. The Purchasing Policy Manual includes a hierarchy of signature authority amounts for Department Heads,the City Manager, and the Mayor. The Council did not have any questions or comments. Council Member Nielsen moved to approve Resolution 21-05 adopting the City of McCall Purchasing Policy Manual and authorize the Mayor to sign all necessary documents.Council Member Maciaszek seconded the motion.In a roll call vote Council Member Nielsen,Council Member Maciaszek, Mayor Giles, and Council Member Holmes all voted aye, and the motion carried. MCCALL CITY COUNCIL Page 6 of 10 February 11, 2021 Regular Meeting AB 21-035 Request to Approve the ITD Local Professional Services Agreement Supplement No. 1478 for ITD Key No. 20146 Mission Street Reconstruction Public Works Director Nathan Stewart presented the ITD Local Professional Services Agreement Supplement No. 1478 for ITD Key No. 20146 Mission Street Reconstruction. The Mission Street Reconstruction project(scheduled for construction in 2026)is being funded through an Idaho State Transporatation Plan Rural(STP Rural)grant. Currently in the design phase,the State and the City have two (2) local professional services agreements (LPSAs) with Foresgren Engineers to complete the engineering design. The Phase 1 agreement is valued at $228,140 and the Phase 2 Agreeement is valued at 198,010 for a total design budget of$426,150. Design work in 2020 identified the presence of small isolated wetlands on the City's Riverfront Park property that are adjacent to the road reconstruction site. Subsequently, a minor impact (less than 0.10 acres)to one of these small, isolated wetlands is anticipated as part of the road widening activities to construct the separated pathway along the west side of Mission Street. The presence of these wetlands and the associated minor impact was unanticipated during the original scoping. The Supplemental Agreement is to provide additional design funds for the permitting of this wetland impact and a coordinated mitigation plan with the US Forest Service to ensure there are no net losses of wetlands due to the project. Additional work is required for the project to maintain compliance with the federal aid regulations of the STP Rural grant program. The supplemental agreement provides an additional$14,210 to Foresgren to complete this work.Of this cost,92.66% will be funded by ITD. The Council did not have any questions or comments. Council Member Maciaszek moved to approve the Supplemental Agreement No. 1487 for ITD Key No. 20146 Mission Street Reconstruction 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, and Council Member Nielsen all voted aye, and the motion carried. AB 21-041 Request for Approval of the Crestline Engineers Proposal for Engineering Services Golf Course Superintendent Eric McCormick presented the Crestline Engineers Proposal for Engineering Services. The proposal is for engineering services associated with pedestrian access improvements as well as entrance upgrades for the City of McCall Golf Course Clubhouse Pedestrian Access Improvements project re-constructing the existing ramp to meet ADA standards. The Council did not have any questions or comments. Council Member Maciaszek moved to approve the Crestline Engineers Proposal for Engineering Services to re-construct the existing pedestrian ramp for the City of McCall Golf Course Clubhouse 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, and Council Member Nielsen all voted aye, and the motion carried. MCCALL CITY COUNCIL Page 7 of 10 February 11,2021 Regular Meeting AB 21-034 Professional Services Agreement for Interim Staff Planning Services—Kushlan and Associates Community & Economic Development (CED) Director Michelle Groenevelt presented the Professional Services Agreement for Interim Staff Planning Services — Kushlan and Associates. In preparation for the City Planner being out for parental leave, and the extremely high volume of current planning work, the attached contract with Kushlan and Associates is for professional services for interim staff planning services for 15-20 hours per week during the City Planner's absence. This will primarily include development reviews and maintaining timely correspondence between the City and applicants, engineers, and other developer consultants. CED staff will be responsible for other duties of the City Planner. Proposals for interim city planner services were provided to the CED Director from Jacobs, Logan Simpson and Kushlan and Associates. The City has been recently working with Diane Kushlan from Kushlan and Associates on code updates,so she is already familiar with code requirements,our staff and lives in McCall and Boise. There were three proposals received and this proposal was also the most cost effective for the City with the lowest billing rate. The contract is from February 12- August 24, but the majority of the work will occur in the next three months as staff tries to keep up with inquiries, applications and reviews. The agreement has been reviewed by the City Attorney. There were no questions or comments from Council. Council Member Maciaszek moved to approve the Professional Services Agreement for Interim Staff Planning Services — Kushlan and Associates and authorize the Mayor to sign all necessary documents. Council Member Homes seconded the motion. In a roll can vote Council Member Maciaszek, Council Member Holmes, Mayor Giles, and Council Member Nielsen all voted aye, and the motion carried. AB 21-042 Review of the Proposed Updated Record Retention Schedule City Clerk BessieJo Wagner presented the Proposed Updated Record Retention Schedule. In December 2009,the City Council adopted the City's Record Retention Schedule pursuant to Idaho Code §50-907 which requires the City Council to adopt by resolution a record retention schedule, listing the various types of city records with the applicable retention periods. A record retention schedule establishes minimum retention periods for the various types of city records. Adoption of a record retention schedule assists in efficient and effective records management by identifying records that have exceeded their minimum retention that may be destroyed following approval by the City Attorney and, as required for semipermanent records, approval by the Idaho State Historical Society and upon resolution of the City Council in accordance with the provisions of Idaho Code 50-907. In 2016,the Idaho Code was updated to include provisions for digital records giving the Records Manager the ability to destroy temporary and Semipermanent paper documents once scanned. The proposed updated Record Retention Schedule has been sent to the City's attorney for review. The draft retention schedule that has being presented shows some questions staff is working through with the City attorney. Primarily the changes to this retention schedule is that the State code now allows for temporary and semipermanent records to be destroyed once scanned and maintained in digital format.It also allows for some destruction of permanent records once scanned and approval by the State Historical Society. Throughout the document staff has identified the State code section that defines the retention period required. In some cases, the retention being recommended may be for longer than is required by code. This is so that records that may have MCCALL CITY COUNCIL Page 8 of 10 February 11,2021 Regular Meeting historical value, such as annual reports,or for other significance such as personnel records may be kept longer than is required by state code. Council had no questions or comments and directed staff to bring back a final retention schedule to be adopted by resolution. AB 21-040 Review of Proposed Governance Manual Update City Clerk BessieJo Wagner presented the Proposed Governance Manual Update. At the January 29`h Council Retreat, it was identified that the Governance Manual needed to be updated with a process for appointing Council Members to vacancies. The proposal amends pages 1 and 2 of the adopted 2016 version of the Governance Manual. The Council felt their concerns had been addressed and thanked staff for the changes.The Council consensus was to direct staff to bring back a resolution to adopt the revised Governance Manual. AB 21-039 Request Approval of a comment letter to Idaho State Land Board regarding Payette Endowment Land Strategy City Manager Anette Spickard presented the comment letter to Idaho State Land Board regarding Payette Endowment Land Strategy. On January 28, Council received a presentation from Idaho Department of Lands (IDL) staff Ryan Montoya on the proposed Payette Endowment Land Strategy under consideration by the Idaho State Land Board. Based on feedback from Council at the end of the presentation, a draft comment letter has been prepared for Council consideration and approval. In addition to the letter,staff will submit the public comments received at the January 28 Council meeting to the Land Board. She shared since the packet was prepared, the Land Board has extended the comment period to March 1 and if the Council would like to add more comments, she can update the letter and bring back to the next Council meeting for approval. She gave an update of the focus group commissioned to review the technical review and strategies. There have been two meetings so far, one of which was held today. Community & Economic Development Director Michelle Groenevelt shared the City Comprehension Plan,guiding policies, land use maps, zoning related to McCall and impact area, and future visions of McCall with the group.Also,in attendance was Dustin Miller,Director of Idaho Department of Lands and he shared comments that he hopes this process will result in the community and the Endowment Trust to find ways to satisfy each's mutual goals going into the future. Staff shared their takeaway from the meeting today and felt positive with what was discussed with the Mr. Miller. Council Member Nielsen asked about adding language for reclassification. City Manager Spickard stated she was thinking to add a paragraph about recreation and reclassification. Community & Economic Development Director Michelle Groenevelt shared there was some concerns expressed by the focus group members expressing needing more time to prepare. The Council consensus was to add additional language on those items to the letter and bring back to the next meeting for approval. AB 21-038 Approve comment letter to Idaho Legislature regarding proposed Big Payette Lake Water Ouality Act City Manager Anette Spickard presented the comment letter to Idaho Legislature regarding proposed Big Payette Lake Water Quality Act. On January 28, Council received a presentation from Idaho Department of Lands (IDL) staff Ryan Montoya on the proposed Payette Endowment Land Strategy under consideration by the Idaho State Land Board. Based on Council feedback at MCCALL CITY COUNCIL Page 9 of 10 February 11, 2021 Regular Meeting the end of Mr. Montoya's presentation, a draft comment letter has been prepared for Council consideration and approval. In addition to the letter,staff will submit the public comments received at the January 28 Council meeting to the Land Board. She stated she had many questions about the interaction and interrelationship piece that need more attention before she finished the letter. Mayor Giles stated he had some questions about the funding and Council Member Holmes agreed. City Manager Spickard took the Council through the bill pointing out the items she had questions about. There was a brief discussion and the Council concurred with the City Manager that there needed to be some more clarity on some items and directed staff to do further research. COVID-19 Update Police Chief Justin Williams presented the COVID-19 update. The State is in Stage 3 and the City is still operating the same. He gave an update on the vaccine and that the County is not adding any extra restrictions at this time. He shared information regarding the vaccine schedule and figures it will be into late summer before the vaccine makes an effect. Upcoming Meetings Schedule Discussion Council discussed upcoming meetings. ADJOURNMENT Without further business, Mayor Giles adjourned the meeting at 8:15 p.m. ATTEST: SE = Robert S. Giles, Mayor O 0 BessieJo Wqgner, City lei-R111 In110% MCCALL CITY COUNCIL Page 10 of 10 February 11, 2021 Regular Meeting ATTACHMENT 1 A Portion of Unofficial Transcript for the McCall Area Planning and Zoning Commission's September 1, 2020 Meeting Regarding VAR-20-01 for 221 Morgan Dr. 01:23:25 Commissioner Broyles When the Sounders bought this lot, it clearly showed and delineated that what they wanted to do was not allowable, correct? 01:23:43 Planner Bessaw I think yes,that's correct.The plat is very clear. 01:23:49 Commissioner Broyles OK, and so the Sanders bought this knowing this problem existed. 01:23:56 Planner Bessaw Well, I won't say that they knew the 50 foot set back from the shoreline environs existed. 1, 1 don't think that anyone realized that there was that conflict. But the plat shows a 20 foot set back from the 100 year floodplain. So I would think at a minimum. Um, that was apparent to anyone who bought a lot. There was a minimum of 20 foot set back from the 100 year floodplain. 01:24:20 Commissioner Broyles Yeah.So whatever the lots problems were they bought and had they done their due diligence,which I assume they did,that they were aware of the lots problems at that time. 01:24:38 Amy Pemberton,Applicant's Representative Commissioner Broyles and Morgan. If you, if you wouldn't mind, I'd love to have Cindy or Dwayne Sanders speak to this because they did look into this very closely and I would just like you to hear their thoughts on it. 01:24:56 Commissioner Broyles I'd love to hear from them. 01:24:57 Amy Pemberton Thank you. (Brief break to ask Legal Counsel about procedure) 01:26:48 Cindy Sanders So when I began my research, as I spoke about earlier, and I'm looking at homes and lots,we found a map that was listed on Zillow at the time, (indistinguishable) shows a house set just about where we are proposing the main building to be set, so that's a lot of the use of the information. Its called The Neighborhood and Riverfront Homesite Rivers Crossing, McCall ID and it's an artist rendition of all the lots in Rivers Crossing and it was part of the original Zillow advertisement showing the lot for sale and it shows a handsome picture of lot 19 showing an artist rendition of a house just about setting exactly February 11,2021 Page I of 2 where we are proposing that, so that was a large part of our decision making process. Dwain, do you have anything to add to that? 01:28:10 Dwain Sanders OK, um to answer your question directly, when we looked at the property that Cindy picked out, and did see this plat, I really honestly can say that I was not very worried at this time about that plat and being so because, I have probably, well, I've been in the construction industry for over 40 years, and I have probably personally been involved in over 2000 homes, removing them from either a floodplain or wetland area, and when I looked at that 100 year floodplain line and at the 20 foot set back,to me that was just as simple as going through a LOMAR or CLOMAR and getting a 404 permit. Our original goal was to stay under 1/10 of an acre,which would then be a negative declaration nationwide. We weren't quite able to do that. We ended up with a point 0.15. We did go out and get the 404 permit.The Army Corps of Engineers issues roughly 64,000 404 permits yearly just for this reason. When I started looking at that and all of my knowledge with working in the flood plain and working with the HH study, I looked at that and I made the assessments that based on my knowledge in the past that if we do go ahead and ask for 4/4 permit and we are granted that we would be removing that area out of the flood plain and away from the 100 year floodplain and 100 year flood zone.So therefore that 20 foot set back that we were looking at on that original plat that Morgan had up, it would be then set to the rear of the house or to the East. And so yes, I did see that yes,we did do our due diligence.And that, to me,was not a deal breaker. Let me put it that way. When you looked at the overall property and the magnitude of the property and the fact that any HH study with what little we were doing would probably have almost non-measurable effect to any of the lots upstream because of the fact that the River were on the inside of the River turn. And as most people know,the water actually will bend as it goes around the River, and as far as the flow is going across that area of the of the lot or so minimal, even in a flood state,that the impact from an H&H would be, like I said, non-measurable, so I'm not sure if I answered your question correctly. I hope I did. 01:31:09 Commissioner Broyles Oh sure,yeah, I don't know that I'm interpreting it the way you want it interpreted. But you answered my question. Dwain Sanders: OK, thank you Sir. Commissioner Broyles: You relied on your own personal expertise. 01:31:27 Dwain Sanders To a certain amount,yes, and I we contacted Jim Franc at the same time and we look at that and we both felt at that time that that would not be something that was in surmountable that we would be able to get a 404 permit and proceed as planned. February 11,2021 Page 2 of 2 ATTACHMENT 2 Public Testimony 02/11/2021 Public Hearing for VAR-20-01 221 Morgan Dr. Honorable Council, building in flood plains is problematic but this proposed project is especially so. First, it is important to note that the location of the proposed building variance is across the River from River Front Park.Just last year, along the shoreline of River Front Park,the City of McCall installed several rock barbs in the Payette River to help deflect flood waters away from an actively eroding river bank. This project was a cost share project that used State water quality funds to help defray the City of McCall's cost of installation.The project was designed to protect the parkland from washing away which in turn would also help keep sediments and nutrients from washing into an already water quality threatened drainage. Building in the flood plain is not going to help either issue. In fact, due to the location of the proposed variance, building at this particular site could negate the very erosion control measures recently invested in by the City of McCall and the State of Idaho. Putting impediments in the way of floodwaters just redirects floodwater.The eroding bank on the Park side of the river is already being threatened by regular spring runoff. Pushing more water towards the eroding Park bank in a flood situation is just asking for trouble. Flood plains act as safety valves for rivers, allowing floodwaters to spread out and reduce velocity and depth.The floodplain where the variance is proposed IS the safety valve on this stretch of river. In the last 15 years (my estimate) I have seen flood waters 193 cover this entire river bend two years in a row.There is a reason West it is listed as a floodplain! Lake By saying no to the requested variance,water quality in the Fork drainage is protected,the City and State's investment in erosion Rd., barbs is protected,the Park land is protected, and the tax dollars McCall, spent to do all this protecting is not squandered. Arthur L. Idaho Agains Please say no to the variance. 1 Troutner 83638 t Thank You,Art Troutner Dear Council Members and staff, I oppose granting any variance that would allow building in a flood plain. Flood plains are a crucial part of river systems allowing the river to grow when it needs to and avoid the erosion and resulting sedimentation that can happen when a river is unnaturally confined and velocity increased. Putting any structure in the way of floodwaters just sends the waters in another maybe more destructive direction. 1 13775 have seen trophy homes built along the river corridor too close Nisula to the river . Their owners will build up the banks with huge Road decorative rocks to redirect the river causing erosion and cut Galen McCall, Agains banks downstream. I listened to the presentations at the Water 2 Shaver Idaho t Summit this last week and the good condition of the North Fork February 11,2021 Public Comments Page 1 of 7 in terms of carrying sediment into Lake Cascade is partially the result of limitations on building in the flood plain.This variance could be followed by many others as the feeding frenzy of home building engulfs our valley. This variance would set a bad precedent. Our water quality and the health of our river are too important to be sacrificed for any homebuilders wishes. Thank you and please say no to this variance. Signed, Galen Shaver Subject: VAR-20-01 221 Morgan Drive, McCall, Idaho The purpose of these comments is to oppose the subject variance request. Setback requirements from special flood hazard areas are established for good reasons, primarily to protect ill-informed future residents from gambling with a natural disaster. A few other reasons follow: 1.The concern that future flood victims owning this property will be looking to the city taxpayers and/or county for compensation from flood damages as a result of backing-off common flood set-back practice. 2.The property is along an actively meandering river and the stream morphology indicates the property lies on the inside bank of a large meander with opposite active bank instability. Meandering, necking, bank instability will likely continue. 3. Altering the flood flow cross-sectional area through land development will likely create problems for upstream and/or downstream property owners. 4. Portions of this property are mapped and designated by the U.S. Fish &Wildlife Service in a Wetlands Area,which may be protected under Section 404 of the Clean Water Act(CWA). 5.The NF Payette River is a tributary to Lake Cascade with its complexity of nutrient problems and the NF Payette River (assessment unit AU 17050123)was 303(d) listed in the 2016 IDEQ Integrated Report based on combined biota and habitat bio-assessments, requiring further assessment so it is environmentally sensitive. Cultural changes to riparian/wetland areas often have long-term adverse impacts on river water quality and bank stability. In closing,flood predictions are not an exact science so building in a flood plain is risky, it's gambling against Mother Nature. 1 250 3rd urge you to vote NO on this proposed variance. St, Lenard Cascad Agains Respectfully Submitted 3 Long e, ID t Lenard Long addressing topics#2 and#3.There are a number of undeveloped parcels along the river in River's Crossing. Granting of this variance will only set the bar lower for challenging additional J.M. McCall, Agains floodplain variances.The setback requirements were put in 4 Praway ID t place for a reason: not only to protect the environmental quality February 11,2021 Public Comments Page 2 of 7 of the Payette (a defining treasure of both McCall and of Idaho), but also to ensure the natural beauty of the river for all to enjoy for years to come. With regards to the 100 year floodplain, I refer to the immense flooding along the Wood river in Hailey a few years ago, and the legal/environmental/aesthetic problems brought forth for floods that "never happen". Please protect not only the Payette, but everyone's right to enjoy the natural beauty of the Payette, as unobstructed as possible.Thank you If such a variance was granted, what precludes someone from building even larger, more obtrusive buildings along the river, J.M. McCall, Agains along with existing visible property on the variance, including 5 Praway ID t trailers,vehicles,watercraft,trash, etc Introduction and Statement of Opposition The Big Payette Lake Water Quality Council is a McCall-based nonprofit corporation with a mission to protect and sustain the water quality of Big Payette Lake. First,we contend that the limits of scope asserted in reopening the Public Hearing are unreasonably restrictive, and must also allow for public response to new information that has been added to the record for this matter, thus expanding its scope, so we ask therefore that all of our comments be admissable to the newly expanded record.We present our testimony in opposition to the granting of VAR-20- 01- not because doing so would impact the water quality of Payette Lake, but because in part we see that doing so would diminish the value and effect of the very same City code which does seek to protect Payette Lake and its shoreline. Living in, and participating in, a City is arguably an exercise in creating sets of shared values and rules,and agreeing to abide by them so that we can get along, avoid stepping on each other's toes, and have a sustainable community. Few people take pleasure in calling out the perceived transgressions of their friends and neighbors, or the apparent shortcomings of their elected leaders. It's far more pleasant and productive to agree on values, mirror those in law, and do our best to live within those limits.We therefore ask our leaders to avoid the shifting sands of unpredictable chaos, deny the variance application before you, and instead uphold the shared values and rules we've agreed to. David Our Interests Simmonds, Granting this variance would suggest, or even demonstrate,that President, the City will not follow its stated intent to appropriately protect Big Payette PO Box lake shorelines and river environs. MCC 3.7.02: SHORELINE AND Lake Water 3108, RIVER ENVIRONS ZONE is the primary scope of overlap between Quality McCall, the City's jurisdiction and the Big Payette Lake Water Quality Council, ID Agains Council's mission.The proposed project is in direct conflict with 6 Inc. 83638 t the purpose, permitted uses and requirements for development February 11,2021 Public Comments Page 3 of 7 under this section.Granting of the requested variance for this project would be a statement by the City that it does not, in fact, mean what it says in MCC 3.7.02,with regard to protecting the river, for instance: It is therefore the purpose of this section 3.7.02 to regulate development along and alterations of the shoreline of Payette Lake and the banks and immediate vicinity of the Payette River in order to protect and maintain water quality,fish and wildlife habitat, edge and forest habitat,vistas,and public visual and physical access. To retain the value and weight of existing zoning code, a variance should only be granted on the basis that the purpose of the existing ordinance will not be negatively impacted by granting the variance. Further, our interests include watershed-wide ongoing efforts undertaken with similarly focused organizations that may also conclude that denial of the variance is necessary to protect the river. Harm: Denial of the Variance is Necessary to Protect the River Environs According to drawings provided by the proponent,the proposal would build over mapped wetlands within the Special Flood Hazard Area AE. MCC 3.7.023 (C) 1 (c) and (C) 2 (d) prohibits harm to wetlands by"The filling or dredging of lake bottom or wetlands" so it is reasonable to conclude that the granting of this variance would in fact cause harm in this regard.The MCC states this prohibition simply and cleanly and does not create an opening for"reasonable inference" that such prohibition doesn't count in considering this variance, as the proponent suggests in their Supplemental Narrative.Specifically, MCC provides (emphasis added): 3.7.023 REQUIREMENTS FOR DEVELOPMENT (C) Development: 1. Prohibitions: No construction, alteration or activity shall cause harm to: (a) Water quality. (b) Fish and aquatic habitats. (c) Wetlands. (d) Significant wildlife habitat harboring any threatened or endangered David PO Box ...Continued Simmonds, 3108 Agains Specifically, MCC provides(emphasis added): 7 President, McCall t February 11,2021 Public Comments Page 4 of 7 Big Payette ID 3.7.023 REQUIREMENTS FOR DEVELOPMENT Lake Water 83638 (C) Development: Quality 1. Prohibitions: No construction,alteration or activity shall Council, Inc cause harm to: (a) Water quality. (b) Fish and aquatic habitats. (c) Wetlands. (d) Significant wildlife habitat harboring any threatened or endangered species. (e) Views of,from, or across a lake or river. Modification of the flood plain by filling and placing structures upon it may also cause offsite harm by redirecting the flow of future floodwaters to alter their effect on other nearby land or habitat within or adjacent to the river environs. Further, harm may occur by the placement of foreign material in the floodplain that may later be carried into flood waters, causing additional, unnatural offsite impacts to water quality. Comprehensive Plan The Staff Report dated 2-11-2021 states,on page 4,that one condition of granting a variance is that it not violate the Comprehensive Plan. However, it goes on, "the development is not in accordance with several goals of the McCall Comprehensive Plan, including the goals to conserve significant natural areas or encouraging development that will enhance the ability of people and natural systems to withstand and recover from natural disaster and other major disturbances. Specific policies that are outlined in the Comprehensive Plan that conflict with the proposed variance are: 1. Regulate activities in natural resources areas that are deemed to be detrimental to the provision of food, water, and cover for fish and wildlife. 2. Require site evaluation for habitat,wildlife corridors, and other natural features prior to development design. 3. Encourage flexibility in the siting and design of buildings and other improvements to reduce the impact of development on environmentally sensitive areas." Conflicts The Staff Report and P&Z Findings of Fact present a litany of conflicts,therefore don't provide clear guidance for the decision process, and do appear to lay out multiple areas where the February 11,2021 Public Comments Page 5 of 7 proposed project may not meet the requirements of law. Errors The Findings of Fact, at Variance Standards(C), page 7, err in improperly limiting the meaning of"the public interest".The HOA letter may be relevant, but it is hardly the full scope of the public interest.The government's identification of a flood plain and its assignment of restrictions on its uses and disturbance are, in fact one overarching public interest that the cited section of the Findings overlook, and which the proposal does not meet. Flood plains are not arbitrary, cosmetic or trivial. They are a recognition that hydrology requires we sometimes must stand back rather than subject ourselves to the predictable next flood event.They are a recognition that risk should, and can, be managed by the application of science and policy.Their delineations in law are a statement of the public interest. Hardship The assertion of hardship does not meet the standards set in the Code's provision for variances.The claimed hardship is, in fact, "due to the actions of the owner", in that an owner must presumably act to choose where to place,or not place, a building.The parcel has been publicly known to be primarily in the flood plain for many years.The legally buildable portion of the property outside the flood plain would appear to accommodate a substantial home,theoretically up to the maximum size permitted by law.The desire of the owners to build elsewhere on the property,where such building is not allowed by law, cannot be construed as an actual hardship because a viable alternative exists,where hydrology and law agree it may be permitted. Conclusion Granting of the requested variance is not necessary in order to build on the subject property, and would create harm with regard to the public interest,the river, and the consistent and meaningful application of law. Please deny thi ....Continued part 3 Conclusion Granting of the requested variance is not necessary in order to David build on the subject property, and would create harm with Simmonds, regard to the public interest, the river, and the consistent and President, meaningful application of law. Please deny this variance, and Big Payette PO Box instead work with the proponents so that they may build on Lake Water 3108 their property within the constraints of existing law. Quality McCall Council, ID Agains Respectfully submitted, 8 Inc. 83638 t February 11,2021 Public Comments Page 6 of 7 David Simmonds, President Tom Tidwell,Vice President Laura Shealy,Treasurer Deb Fereday, Secretary Rich Holm, Government Liaison Paul Street Gary Lyons Susan Bechdel Scott Harris Big Payette Lake Water Quality Council, Inc. PO Box 3108 McCall, ID 83638 February 11,2021 Public Comments Page 7 of 7