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HomeMy Public PortalAbout2022.08.11 Regular Meeting MinutesMINUTES McCall City Council Regular Meeting McCall City Hall -- Legion Hall VIA TEAMS Virtual August 11, 2022 Call to Order and Roll Call Pledge of Allegiance Approve the Agenda Consent Agenda Public Comment Reports Business Agenda Adjournment CALL TO ORDER AND ROLL CALL 1 Council President Nielsen called the regular meeting of the McCall City Council to order at 5:30p.m. Council Member Nelson, Council Member Nielsen, , Council Member Maciaszek, and Council Member Thrower all answered roll call. Mayor Giles was absent. City staff members present were Anette Spickard, City Manager; Bill Nichols, City Attorney; BessieJo Wagner, City Clerk; Sarah Porter, Deputy Clerk; Delta James, Economic Development Planner; Kurt Wolf, Parks and Recreation Director; Meg Lojek, Library Director; Dallas Palmer, Police Chief; Nathan Stewart, Public Works Director; Vlatko Jovanov, Network Administrator. Also, in attendance were, Julie Whitescarver, Chamber of Commerce; Council President Nielsen led the audience in the Pledge of Allegiance. APPROVE THE AGENDA 1 Council Member Nelson moved to approve the agenda as submitted. Council Member Thrower seconded the motion. In a voice vote all members voted aye, and the motion carried. CONSENT AGENDA 1 Staff recommended approval of the following ACTION ITEMS. All matters which are listed within the consent section of the agenda have been distributed to each member of the McCall City Council for reading and study. Items listed are considered routine by the Council and were enacted with one motion. 1. Payroll Report for period ending July 29, 2022 MCCALL CITY COUNCIL August 11, 2022 Regular Meeting Page 1 of 9 2. Regular City Council Minutes — June 30, 2022 3. Special City Council Minutes — July 1, 2022 4. Warrant Register — GL 5. Warrant Register — Vendor 6. Accept the Minutes of the following Committees a. Airport Advisory Committee — June 2, 2022 b. Housing Advisory Committee — April 11, 2022 c. Housing Advisory Committee — May 9, 2022 d. Planning and Zoning Commission — May 17, 2022 e. Planning and Zoning Commission — June 7, 2022 f. Golf Advisory Committee — June 8, 2022 g. Library Board of Trustees — June 13, 2022 h. Historic Preservation Commission — June 13, 2022 i. Public Art Advisory Committee — June 27, 2022 7. AB 22-207 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. Staff has updated the report to separate out short-term rentals (STR) and to show the number of Declaration of Compliance (DOC) documents received. Staff receives more DOCs than business licenses for STRs because the property management companies are taking on additional STR units. Staff are hoped this report tells a more complete story. Action: Council to review the License report. 8. AB 22-210 Children Pedestrian Safety Grant Agreement The City of McCall has been awarded a Children Pedestrian Safety (CPS) grant in the amount of $250,000 to make safety improvements to the E. Deinhard Lane pathway, including realignment of a section of the pedestrian pathway to create better separation from the roadway and construction of an ADA ramp to access the pathway near the Commerce Street intersection, thereby increasing safety and accessibly for children and parents utilizing the pathway to go to/from the Middle and Elementary Schools. Action: Approve the Children Pedestrian Safety Grant Agreement (CPS# 2022-22) and authorize the Mayor to sign all necessary documents. 9. AB 22-218 Request to Approve the Third Extension of Agreement for City Attorney/Civil Legal Services with White Peterson Gigray & Nichols, P.A Council selected White Peterson Gigray & Nichols, P.A. as the city's legal services provider and approved the contract for services effective October 1, 2019. The contract provides for annual renewal at which time the firm and the city evaluate the retainer hours used in the previous year to determine any adjustments. Staff has reviewed the retainer hours used to date MCCALL CITY COUNCIL Page 2 of 9 August 11, 2022 Regular Meeting for FY22 with White Peterson and supports the requested renewal at 55 hours per month of legal services. The FY23 proposed budget incorporates the new contract estimate. Action: Approve the Third Extension of Agreement for City Attorney / Civil Legal Services with White Peterson Gigray & Nichols, P.A. and authorize the Mayor to sign all necessary documents. 10. AB 22-215 Request for Approval of Cougar Restaurant Enterprises, Inc. to Exercise the Renewal Option for One Five -Year Term for the Commercial Lease of the Restaurant Portion of the McCall Golf Club The city has received a written request from Cougar Restaurant Enterprises, Inc. to exercise the Renewal Option of their commercial lease with the city for the restaurant portion of the McCall Golf Club, currently operating under the name Banyans on the Green. The current lease expires on October 31, 2022. According to the commercial lease all other terms and conditions remain the same. The lease already contains a formula for future rent payments and increases. The operator has complied with all terms and conditions of the lease and has operated the restaurant to the city's satisfaction. By authorizing the extension before August 25th, which is the date of the FY23 budget public hearing, city staff can proceed with the new revenue formulas as part of our FY 23 budgeting process for the Golf Fund. Action: Approve a 5 -Year extension of the commercial lease with Cougar Restaurant Enterprises, Inc. for the restaurant portion of the McCall Golf Club with a new termination date of October 31, 2027. 11 AB 22-214 Request for Approval of McCall Senior Community Center Lease Option for One 2 -Year Term to September 30, 2024 The city has received a written request from McCall Community Center, Inc. DBA McCall Senior Center to exercise the Renewal Option of their commercial lease with the city for the building located at 701 1st Street, currently operating as the commercial kitchen site for the Meals on Wheels food preparation and delivery service, food pantry services, twice -weekly dinner site for seniors and any other community members on a donation basis, and for provision of recreational & social support services for the senior and disabled community. The current lease expires on September 30, 2022. According to the commercial lease: TO HAVE AND TO HOLD the premises, together with the appurtenances, privileges, rights and easements thereto belonging, unto the said Lessee for the term of almost five (5) years, said term to commence on December 15, 2017 and terminate on September 30, 2022. Lessee shall have the option to renew this lease for additional term of two (2) years each at the same rent as set forth in Section 1 of this Lease. Action: Approve a 2 -Year extension of the commercial lease with McCall Community Center, Inc. for the building located at 701 Pt Street with a new termination date of September 30, 2024 and authorize the Mayor to sign all necessary documents. Council Member Maciaszek moved to approve the Consent Agenda as submitted. Council Member Thrower seconded the motion. In a roll call vote Council Member Maciaszek, Council Member Thrower, Council Member Neilson, Council Member Nelson all voted aye, and the motion carried. PUBLIC COMMENT 1 Council President Nielsen called for public comment at 5:32p.m. 7 General written are comments are included as Attachment 1. MCCALL CITY COUNCIL August 11, 2022 Regular Meeting Page 3 of 9 Paige Walker, 1302 Louisa, in person Ms. Walker urged Council to take steps to preserve public property for non -motorized use and city communication with the public regarding public alley ways and city properties. Lynn Lewinsky, 713 Broken Rein, in person Ms. Lewinsky thanked Council and City staff for being open to listening to public comment. Additionally, Ms. Lewinsky encouraged the way parks and recreation has gone about communicating with the community regarding the Parks, Recreation, and Open Spaces Plan. Hearing no comments, Council President Nielsen closed the comment period at 5:38p.m. REPORTS 1 Chamber Report Julie Whitescarver Chamber of Commerce Director addressed Council. Ms. Whitescarver gave an overview of new board members, August events to come, the first Winter Carnival meeting and new media partnerships. Council had no questions. Council Member Nelson commented on how much the laborers in McCall are keeping the community going. Director Whitescarver noted that the Community Fall Festival currently being planned is in honor of the locals and pathways to say thank you to the community. Monthly Department Reports Council Member Nielsen asked Director Wolf for an update on the new parks and recreation building. Director Wolf noted that they would take occupancy as soon as August 12, 2022 and the great work the Information Systems Department has done to get the building ready for staff to move in. Council Member Nelson commented on the continued appreciation for the updated Brown Park. Council Report No discussion from Council. AB 22-208 Covid-19 Update Police Chief Dallas Palmer presented to Council. Chief Palmer noted the community is remaining in the medium transmission zone instead of high transmission. Additionally, City staff has seen positives, but facilities remain open, and services are constant. The intention of this agenda item is to keep the Council up to date with information related to the Covid-19 Pandemic. Staff has provided an oral update at each Council meeting since the start of the pandemic. At their March 10, 2022 meeting the Council requested that the report be submitted in writing with the option to ask questions or make comments as necessary during this agenda topic. At the April 28, 2022, meeting Council determined it was no longer necessary for St. Luke's McCall to provide their written update. The Police Chief's written update will continue to be added to the packet when received. MCCALL CITY COUNCIL Page 4 of 9 August 11, 2022 Regular Meeting Council had no questions or comments regarding the Covid-19 update. AB 22-209 McCall Police Department Lieutenant Announcement Police Chief Dallas Palmer presented to Council. In June, the McCall Police Department posted an internal opening for the Lieutenant position that was vacated by Chief Palmer when he was promoted to Chief of Police. Two internal candidates applied for the open position. Following the selection process, Sergeant Seth Arrasmith was selected for the position. He was promoted to the position of Lieutenant on July 23, 2022. Chief Palmer introduced Lieutenant Arrasmith to Council as the new Lieutenant of the McCall Police Department. Chief Palmer gave a brief overview of Arrasmith's accomplishments and history. Lieutenant Arrasmith addressed Council expressing excitement at the opportunity to grow within the McCall Police Department. Council and staff present expressed congratulations to Lieutenant Arrasmith. Council Member Nelson commented on the number of police officers and family members in attendance to show support for Lieutenant Arrasmith. BUSINESS AGENDA 1 AB 22-217 Request Adoption of Resolution 22-25 Designating Cougar Island as an Area of Critical Concern, and Direction to Staff Regarding Preparation of an Emergency Ordinance and Code Amendments Regulating Waste Disposal from Islands in Big Payette Lake Michelle Groenevelt Community and Economic Development Director presented to Council. The City received a letter from Valley County regarding Cougar Island and the upcoming auction of the island by Idaho Department of Lands. In response to the County's positions staff proposes that Council consider taking the following actions: Adopt a Resolution designating Cougar Island an Area of Critical Concern contingent upon Valley County's ratification of the same, direct staff to present the County with an emergency ordinance for their adoption to prohibit issuance of land use approvals and building permits for Cougar Island and prepare draft code language regulating wastewater and refuse disposal on the island for consideration by the McCall Area Planning & Zoning Commission which the City believes is necessary and prudent to protect the City's drinking water source from the impacts of island development. Director Groenevelt and City Attorney Bill Nichols discussed the purpose and need for these actions and gave an overview of an emergency ordinance presentation to Valley County to limit building and land use permits on Cougar Island. To negate any jurisdiction issues Valley County has on a future agenda to ratify Resolution 22-25 if Council approves the Resolution. Director Groenevelt noted edits to the Resolution including the second to last whereas statement to be updated for correct advertised appraisal amount and adding the Resolution number to the footer. Council Member Maciaszek noted minimum bid for Cougar Island with clarification from John Lasky the current leasee and owner of the current house on Cougar Island. Attorney Nichols noted the minimum bid addressed on the resolution is not critical but can be updated if Council chooses to do so. Council Member Nelson noted interest in adding the most current amount to the resolution. MCCALL CITY COUNCIL Page 5 of 9 August 11, 2022 Regular Meeting Council Member Nielsen asked Attorney Nichols about any legal concerns with the city taking an action. Attorney Nichols noted the Resolution would be contingent upon Valley County ratifying the Resolution to ensure any jurisdictional issues are addressed. Council Member Nelson asked if the City is exposed to any liability by taking action in regard to the sale of Cougar Island. Attorney Nichols noted there will always be a risk with taking action that will impact property. The action by Council would have to an unconstitutional action to affect liability. Council Member Thrower commented in favor of the resolution and the clarity on the zoning and residential use included. Council Member Maciaszek asked Attorney Nichols if the lots sell will the lots be considered non- conforming lots based on the existing land use laws. Attorney Nichols noted the non -conforming plat was issued recently and it would be in the hands of the purchaser to investigate the legality of the non -conforming plat. Attorney Nichols additionally addressed the issue of annexation noting the potential ability to annex Cougar Island. It would be a rare case for Idaho as annexing the island would be a city petition to annex not an owner petition to annex. The island is over five acres and annexation law changes present challenges to petition annexation for land over 5 acres. Director Groenevelt noted that staff did not bring the annexation option for a motion due to the limited time frame to take action. Council Member Maciaszek mentioned Shellworth Island being a similar situation to Cougar Island in 5 to 10 years. Council Member Thrower and Council Member Maciaszek discussed ordinances covering future issues such as Shellworth Island. Attorney Nichols noted the City of McCall and Valley County are on the same page for development on Cougar Island. The emergency ordinance is an opportunity to address specific island developments that have not had to be addressed previously. The ordinance is an example of how a development moratorium should be used. Council Member Nelson expressed agreeability with staff direction. Council agreed to get Mr. Lasky's perspective. John Lasky, 1 Cougar Island, noted the Resolution in front of Council only applies to lot 3 on the island and asked for a broader scope to include the additional lots on the island. Additionally, he noted that the McCall City Planner has made comments previously stating the lots are buildable and those comments are included in the appraisal reports for the lots. Council Member Maciaszek asked Attorney Nichols if only calling out one lot is a typo. Michelle noted it was intended to cover the whole island and the Resolution can be updated to include the whole island. Mr. Lasky expressed concern about lot 2 in the future in regard to the future ordinances. Council Member Maciaszek asked the acreage of lot 2 and Mr. Lasky noted the acreage is .5 and does not include the special permitting for the land that the septic and solar panel are on. Council discussed how the auction has been presented by IDL. Council Member Nielsen asked Attorney Nichols for the correct motion wording to adopt the resolution with all changes discussed. Attorney Nichols explained the motion to approve the resolution with the correct parcel description to be changed by staff. Council Member Maciaszek noted utilizing state subdivision plat lots 1-5 recorded 10/31/14 instrument number 388200 for the motion. Council additionally discussed the timeline for an emergency ordinance. Council Member Maciaszek moved to adopt Resolution 22-25 Designating Cougar Island an Area of Critical Concern with two changes; One, in the second to last whereas statement updating the base bid to be an estimated 10.5 million dollars and, two, to change the description of the land to be state subdivision plat Cougar Island lots 1-5 as recorded on MCCALL CITY COUNCIL Page 6 of 9 August 11, 2022 Regular Meeting October 31, 2014 and authorize the Mayor to sign the necessary documents. Council Member Thrower seconded the motion. In a roll call vote Council Member Maciaszek, Council Member Thrower, Council Member Nelson, and Council Member Nielsen all voted aye, and the motion carried. Council unanimously Direct staff to present an Emergency Ordinance to Valley County to prohibit issuance of land use approvals and building permits for Cougar Island until new code can be created and adopted regulating waste disposal from islands in Big Payette lake. Council unanimously Direct staff to prepare code language regulating waste disposal on islands in Big Payette Lake and present to the McCall Area Planning & Zoning Commission and the governing boards. AB 22-212 Request to Approve Submittal of a Forever Idaho Regional Grant Application for Local Housing Delta James Community and Economic Development Planner presented to Council. The Idaho Community Foundation offers the Forever Idaho Regional Grant Program to support community - driven defined needs up to $25,000, including housing insecurity. The donated "Toaster" structure, now successfully relocated to the city -owned parcel on Davis Street, is an example of a creative solution to the need for local workforce housing. Remodeling of the "Toaster" to provide kitchen facilities, HVAC and a front entry is needed before the donated structure can be occupied. A preliminary estimate of the direct costs to complete the remodel is $133,236. The application for Forever Idaho Grant funds will request support specifically for the kitchen portion of the remodel. While no direct local match is required for the grant, the balance of funding will be provided by city budget allocated to local housing from Local Option Tax and FY23 general fund appropriations. More information about the Forever Idaho Grant Program can be found at: idahocforg No questions from Council regarding the Submittal of a Forever Idaho Regional Grant Application for Local Housing. Council Member Thrower moved to approve submittal of a Forever Idaho Regional Grant application for local housing and authorize the Mayor to sign all necessary documents. Council Member Nelson seconded the motion. In a roll call vote Council Member Thrower, Council Member Nelson, Council Member Maciaszek, and Council Member Nielsen all voted aye, and the motion carried. AB 22-211 Request for Approval to Submit a Grant Application to The Shelton Foundation to Support Interpretive Signage at Brown Park Delta James Community and Economic Development Planner presented to Council The McCall Historic Preservation Commission would like to apply for a Shelton Foundation grant in the amount of $2400 to support the design and construction of historical interpretive signage at Brown Park to educate visitors about the timber industry use of the site and the steam equipment used in the former mill. If awarded, these Shelton Foundation funds will be used to match a pending grant from the Idaho State Historical Society in the amount of $2500, thereby alleviating the need for City matching funds. MCCALL CITY COUNCIL Page 7 of 9 August 11, 2022 Regular Meeting No questions from Council regarding the request to submit a Grant Application to The Shelton Foundation to Support Interpretive Signage at Brown Park. Council Member Nelson moved to Approve submittal of a Shelton Foundation grant application to support interpretive signage in Brown Park and authorize the Mayor to sign all necessary documents. Council Member Thrower seconded the motion. In a roll call vote Council Member Nelson, Council Member Thrower, Council Member Maciaszek, and Council Member Nielsen all voted aye, and the motion carried. AB 22-216 Request Approval of FY23 USFS Base + Four Year Contract with McCall Municipal Airport The purpose of this contract is to facilitate payment of airport fees to the City of McCall from the US Forest Service (USFS). The contract details annual fees charged to the USFS at McCall Municipal Airport for their proportionate share of the maintenance of airport runways and taxiways. The charge is calculated based on the USFS using 16% of the total airport property for their operations, which amounts to $57,420 annually, which will be paid in an annual lump sum at the start of the fiscal year (October) versus the previous contract which paid fees quarterly to the City for O&M. This will relieve administrative burdens to both the USFS and City of McCall. The fees will be adjusted for CPI each year. Staff recommended tabling this item for a future meeting. Council Member Maciaszek moved to table AB 22-216 Request Approval of FY23 USFS Base + Four Year Contact with McCall Municipal Airport to a future meeting. Council Member Nelson seconded the motion. In a Voice vote all voted aye, and the motion carried. AB 22-213 Request to Execute Utility Relocation Cost Agreement with Idaho Power for Utility Undergrounding on Mission Street Nathan Stewart Public Works Director presented to Council. In preparation for the reconstruction of Mission Street (planned for Summer 2025-26), the City has been working with the existing overhead and underground franchise utilities on relocating their facilities underground and upgrading their utility lines to minimize any future cuts in the City's roadway after it is reconstructed. Per the City's franchise agreement with Idaho Power, if requesting to underground existing utilities (that do not need to be relocated), the City is responsible for 100% of the conversion costs of undergrounding existing overhead Idaho Power utilities. The City is not responsible for any utility upgrade expenses. This agenda bill presents the relocation cost agreement with Idaho Power for the Phase 1 of this project. In Phase 1, all underground conduits and splice boxes will be installed, but the overhead lines will remain energized. Per the Phase 1 agreement, the City will reimburse Idaho Power $167,200 upon completion of the proposed work. Once all conduits are installed, and depending on favorable construction weather, the City and ITD will commence with Phase 2 (pulling new wires underground, energizing underground wires, converting all customers to underground service connections, and removing all overhead poles). Approving this agreement will allow Idaho Power to complete the construction work in a timely manner this summer and progress to other City initiated projects without further delay. MCCALL CITY COUNCIL Page 8 of 9 August 11, 2022 Regular Meeting No questions from Council regarding the Utility Relocation Cost Agreement with Idaho Power for Utility Undergrounding on Mission Street. Council Member Nelson commented on the use of funds for similar projects. Council Member Thrower moved to approve the Relocation Cost Agreement with Idaho Power for the Mission Street utility relocation project; authorize the Mayor to sign all necessary documents; and authorize staff to manage change orders up to 10% over the original agreement amount. Council Member Nelson seconded the motion. In a roll call vote Council Member Thrower, Council Member Nelson, Council Member Maciaszek, and Council Member Nielsen all voted aye, and the motion carried. Upcoming Meetings Schedule Discussion Council discussed upcoming meetings. Council Member Maciaszek future discussion related to the comment by Paige Walker. Tentatively schedule for a work session discussion in September. ADJOURNMENT Without further business, Council President Nielsen adjourned the meeting at 7:07p.m. ids ATTEST: • r• i 0 essieJo W;'gner, Cit lerk Homn o%' obert S. Giles, Mayor MCCALL CITY COUNCIL Page 9 of 9 August 11, 2022 Regular Meeting ATTACHMENT 1 2022.08.11 General Comments 1 8/8/22 16:44:44 David Gallipoli 200 Scott St, po box 2290 McCallIdaho 83638 "To McCall City Council 8/8/2022 I am sorry I will not be able to attend the August 11th meeting, so I am sending this letter. I hope you will vote yes on AB 22-217 Request Adoption of Resolution 22-25 Designating Cougar Island as an Area of Critical Concern. And please vote yes to move forward to Direct the Staff Regarding the Preparation of an Emergency Ordinance and Code Amendments Regulating Waste Disposal from Islands in Big Payette Lake. I thank the city council and staff for your bold action in sending letters to the IDL and the County Commissioners, and I am thankful you can act to save Cougar Island for future generations. Placing a price on our endowment land to be exploited for development is careless and will have negative consequences for present and future generations. The land, and more importantly, our watershed, is priceless. The public has had access to this land for decades, and before that, the nimiipuu were good stewards of the land and water for sixteen thousand years. The value of the land and our drinking water is not a commodity to be sold to the highest bidders; it is irreplaceable. The reward for your actions today and the battles we need to win to save our endowment land will benefit everyone and protect and preserve the land, watershed, and wildlife neighbors for our children, grandchildren, and future generations. Thank You David Gallipoli 200 Scott St McCall, ID 83638 2 8/10/22 14:19:35 Danielle Custer 691 N Samson Trail McCa11ID 83638 "Dear McCall City Council, I implore you to vote yes for, AB 22-217 Request Adoption of Resolution 22-25 Designating Cougar Island as an Area of Critical Concern. And please vote yes to move forward to Direct the Staff Regarding the Preparation of an Emergency Ordinance and Code Amendments Regulating Waste Disposal from Islands in Big Payette Lake. Respectfully, Danielle Custer" MCCALL CITY COUNCIL August 11, 2022 Regular Meeting Comments Page 1 of 5 3 8/10/22 14:23:59 Phillip Custer 691 N Samson Trail McCal1ID 83638 "Dear McCall City Council, I am asking that you save the jewel of McCall. Please vote yes for, AB 22-217 Request Adoption of Resolution 22-25 Designating Cougar Island as an Area of Critical Concern. Please vote yes to move forward to Direct the Staff Regarding the Preparation of an Emergency Ordinance and Code Amendments Regulating Waste Disposal from Islands in Big Payette Lake. Phillip Custer" 4 8/10/22 14:39:32 8/10/22 14:50:03 anonymous Ron Erskine 159 Morgan Drive McCallIdaho 83638 "I sent the following content in an email to Mike Masciaszek who encouraged me to pass it on here. There has been neighborhood drama recently in River's Crossing over a complaint filed by one of my neighbors against another. I will share some of the details not to litigate the facts of the case, but only to illustrate and give context to the real purpose of this message which has to do with McCall's unfair and inequitable (as this situation will illustrate) code enforcement process. My next door neighbor recently filed a second complaint against my neighbor across the street. The complainant is one of those self-appointed nigglers dead set on seeing that rules and his sense of propriety are enforced to the letter, no matter how de minimis the "infraction" - a universally held opinion in the neighborhood. His two complaints are against the defendant's dog whose occasional and brief barking outbursts are nothing...in the category of ""life noises" like passing cars, children playing, etc. Watching all this develop, it is clear that the complaint and enforcement process is wildly unfair and inequitable, to wit: Once a complainant calls the police and code enforcement and files a complaint at no cost or risk to him or her, those against whom the complaint is filed are essentially indicted, assumed guilty, and the full force of McCall's legal resources are brought to bear against them. There was no investigation, no questioning of others in the area that would give the matter any context or in any way either substantiate or undermine the complainant's story. I live next door to one and across the street from the other. I and many of my neighbors might raise questions and suggest that this is a nuisance complaint. No, the complainant's story is the full and complete evidence in the matter and without investigation McCall's attorney brings the case against the defendant with vigor. The "hearing" hasn't happened yet, but the City's attorney has already called the defendant and offered them a deal (a fine and 20 hours community service instead of 2 days in jail). All this as a result of a niggling nuisance complaint that no one with any sense would support. As I said, they are essentially indicted and are faced with the expense of proving their innocence. And all the complainant has to do is call the City and fill out a brief form. All this detail is just to illustrate the huge imbalance in the City's complaint process. Call City Hall and fill out a form. Once you do, the contents of the form become the entire ""facts"" of the MCCALL CITY COUNCIL August 11, 2022 Regular Meeting Comments Page 2 of 5 case (no investigation). How can the City determine whether the disturbance was done ""intentionally or negligently"" (part of the code, apparently ignored) without some investigation or assessment? As a legislator and policy maker for our town, I hope you and your fellow council members will act to correct this imbalance. It invites nuisance complaints and places an undue burden on a defendant facing unfounded charges. The defendants spent thousands last time and are confronted with defending the same groundless claims again. 5 8/10/22 20:27:53 Paul Christensen 1425 Clements Rd. Unit 13 McCallIdaho 83638 There is now a paved extension of Clements Road south from Reedy Lane. How much of my city tax dollars were used for the construction of the road. I know Planning and Zoning approved the road and development and I know that Robert Lyons the Chairman of Planning and Zoning has profited from selling the property and now selling the lots available with the road completion. Is there a need for an investigation regarding a conflict of interest and using an appointed City commission seat for profit? 6 8/10/22 22:55:34 Barbara Lewis411 Deinhard lane Ste F191 Mccall Id 83638 Cougar island should be an item of critical concern for our city and lake. We need environmental studies and to question this rare island's salability MCCALL CITY COUNCIL August 11, 2022 Regular Meeting Comments Page 3 of 5 From: To: Subject: Date: David Simmonds 5essieJo Wagner Anette Soickard; Michelle Groenevelt; Mike Maciaszek; William Nichols; Lyle Nelson; Julie Thrower Colby Nielsen; Bob Giles Comments on AB 22-217, resolution 22-25 and proposed ordinances Thursday, August 11, 2022 2:32:43 PM CAUTION This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Council members and staff, Please accept our comments on the action items referenced in the subject line of this message. • It's our understanding that the City has effectively been delegated primacy in source water protection by state and federal authority. The City has a right to its source water and a responsibility to protect it by all reasonable and legal means. • The state has identified the specific water source scope for the City's system - its depiction includes Cougar Island as well as lands within 1000' of perennial water in the watershed. This has broad implications for risk management with many of the PELS transition parcels. • The state has identified susceptibility to microbial contaminants as a risk factor for the City's source water. • The City should take the State at its word and by resolution adopt the IDEQ "Source Water Delineation Area" as the City's "Source Water Protection Area" (https://mapcase.deq.idaho.gov/swa/default.html?SRCID=E0006203) with its surface water buffer of 1000 feet. This would define a commonly recognized area, removing any ambiguity on the City's part, and constitute an important step in the City's source water planning process. • The state now proposes to offer for sale at least one parcel approved for a septic system abutting the City's source water. • The state's valuation of the island parcels is based in part on a statement taken from an expired appraisal by former City staff about buildable lots. That statement was not informed by the recent perc testing on the island nor by any other new information, current code, or policy shift of the City in the last few years. So, the claimed values in the new Cougar Island appraisal may be based in part on incomplete, outdated or obsolete information from the City about development potential. • The state's offer for sale of endowment lands abutting Payette Lake with the assumption of septic systems may be in direct conflict with the IC 67-43 Payette Lake trust which directs the Governor to preserve the lake in its condition as of 1926. • While the constitutional endowment lands trust may be superior to the legislative lake public trust, an important question would be whether the state has the ability or obligation to try to comply with the lake trust in the course of compliance with its endowment trust. In other words, compromise and accommodation of both. This may be ripe for judicial review. • To us, this seems like a fairly complex set of intertwined issues and authorities, but if untangled, the threads lead back to the City's primacy in protecting its source water by all reasonable means, and the State's unresolved conflict with regard to protecting the lake. Your action in the coming days and weeks will be crucial in determining the future condition of Payette Lake. Thanks for your leadership in protecting our water. MCCALL CITY COUNCIL August 11, 2022 Regular Meeting Comments Page 4 of 5 Dave David Simmonds Big Payette Lake Water Quality Council PO Box 3108 McCall, Idaho 83638 Ce11 208-634-6929 MCCALL CITY COUNCIL August 11, 2022 Regular Meeting Comments Page 5 of 5