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HomeMy Public PortalAbout2022.07.14 Regular Meeting MinutesMINUTES McCall City Council Regular Meeting McCall City Hall -- Legion Hall VIA TEAMS Virtual July 14, 2022 Call to Order and Roll Call Pledge of Allegiance Approve the Agenda Consent Agenda Public Comment Reports Public Hearing Business Agenda Adjournment CALL TO ORDER AND ROLL CALL 1 Mayor Giles called the regular meeting of the McCall City Council to order at 5:30p.m. Mayor Giles, Council Member Nelson, Council Member Nielsen, and Council Member Thrower all answered roll call. Council Member Maciaszek was absent. City staff members present were Anette Spickard, City Manager; Bill Nichols, City Attorney; BessieJo Wagner, City Clerk; Sarah Porter, Deputy Clerk; Erin Greaves, Communications Manager; Linda Stokes, City Treasurer; Michelle Groenevelt, Community Development Director; Delta James, Economic Development Planner; Brian Parker, City Planner; Kurt Wolf, Parks and Recreation Director; Eric McCormick, Golf Course Superintendent; Meg Lojek, Library Director; Chris Curtin, Information Systems Manager; Traci Malvich, Human Resources Manager; Dallas Palmer, Police Chief; Nathan Stewart, Public Works Director; Vlatko Jovanov, Network Administrator; Meredith Todd, Assistant City Planner; Emily Hart, Airport Manager; Morgan Stroud, City Engineer; Tara Woods, Recreation Administrator. Also, in attendance were Jeff Mousseau, United Payette; Julie Whitescarver, Chamber of Commerce; Craig Utter, United Payette; David Simmonds, Big Payette Lake Water Quality Council Mayor Giles led the audience in the Pledge of Allegiance. APPROVE THE AGENDA 1 Council Member Nielsen moved to approve the agenda as submitted. Council Member Council Member Thrower seconded the motion. In a voice vote all members voted aye, and the motion carried. MCCALL CITY COUNCIL July 14, 2022 Regular Meeting Page 1 of 12 CONSENT AGENDA Staff recommended approval of the following ACTION ITEMS. All matters which are listed within the consent section of the agenda have been distributed to each member of the McCall City Council for reading and study. Items listed are considered routine by the Council and were enacted with one motion. 1. Regular City Council Minutes — June 9, 2022 (ACTION ITEM) 2. Special City Council Minutes — June 10, 2022 (ACTION ITEM) 3. Warrant Register — GL (ACTION ITEM) 4. Warrant Register — Vendor (ACTION ITEM) 5. Accept the Minutes of the following Committees (ACTION ITEM) a. Golf Course Advisory Committee — March 9, 2022 b. Parks and Recreation Advisory Committee — March 16, 2022 c. Planning and Zoning Commission — April 5, 2022 d. Golf Course Advisory Committee — April 13, 2022 e. Public Art Advisory Committee — April 25, 2022 f. Planning and Zoning Commission — May 3, 2022 g. Airport Advisory Committee — May 5, 2022 h. Library Board of Trustees — May 9, 2022 i. McCall Historic Preservation Commission — May 9, 2022 j. Golf Course Advisory Committee — May 11, 2022 k. Public Art Advisory Committee — May 23, 2022 6. AB 22-182 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: Review the license report 7. AB 22-190 Request for Approval of Resolution 22-24 to Declare and Auction Surplus and Unclaimed Personal Property Idaho Code §67-5732A allows for the disposal of surplus personal property, provided that when sales will be offered to the public and sold to the highest responsible bidder, notice of such sale shall be published in the newspaper for at least two (2) weeks prior to such offering. Annually City staff identifies several items as surplus property. Idaho Code §55-403 allows MCCALL CITY COUNCIL Page 2 of 12 July 14, 2022 Regular Meeting for the disposal of abandoned personal property, at public auction, which remains unclaimed or unredeemed by the owner or one entitled to possession thereof for more than ninety (90) days from the date of such abandonment. Consistent with prior years, the resolution authorizes the City Clerk to conduct a bid auction for the purposes of selling the surplus and abandoned property to the highest bidder. The City has partnered with Public Surplus, an online auction to auction our surplus items. The public auction on the Public Surplus auction website will be noticed in the Star -News for two consecutive weeks and not less than five (5) days prior to auction. Action: Adopt Resolution 22-24 declaring and authorizing the sale of personal property as surplus and abandoned and authorize the Mayor to sign all necessary documents. 8. AB 22-187 Request to Approve Lease Agreement with Treasure Valley Transit for Parks and Recreation Department Office Space The Parks & Recreation Department administrative staff will require temporary office space during the construction of the new library building and the remodeling of the old library for the approximate two-year time frame of construction. Department staff have been working with Treasure Valley Transit to accommodate this need during that time and have put together the lease agreement for two office space and shared use with the transit center of the remaining common area which includes, restrooms, lobby, conference room, and break room within the building. Based on Treasure Valley Transits assessment of contracted building janitorial and maintenance requirements the agreement comes out to a balance in value of office space rent for building services which will be performed by parks and recreation staff. These services are like in nature to those the department is already performing on adjacent city facilities such as City Hall and include janitorial, minor building maintenance, snow removal, and landscape maintenance. In addition, we will share front desk services as outlined in the lease agreement. Department staff estimate building utility costs and maintenance demand to be less than the current costs associated with the annex building and current office space. The value and location of this temporary office space will work well for department day to day operations and the feeling is mutual in that it will benefit the community transit operation. Action: Approve the proposed lease agreement for Parks & Recreation Staff office space during the construction period of the new library and remodel of old library space and authorize the mayor to sign all necessary documents. Council Member Nielsen moved to approve the Consent Agenda as submitted. Council Member Nelson seconded the motion. In a roll call vote Council Member Nielsen, Council Member Nelson, Mayor Giles, and Council Member Thrower all voted aye, and the motion carried. PUBLIC COMMENT Mayor Giles called for public comment at 5:33p.m. Three written comments were received and are included as Attachment 1. Jeff Mousseau, 105 Brundage Shoot Court, Microsoft Teams Mr. Mousseau commented on Cougar Island and United Payette's efforts to protect the island. Idaho Department of Lands has the auction of Cougar Island scheduled for September 8th, 2022. Mr. Mousseau noted major concern for the water quality of Payette Lake and downstream bodies of water such as Cascade Lake, referencing region planning documents and water usage. MCCALL CITY COUNCIL July 14, 2022 Regular Meeting Page 3 of 12 Jim Laski, 1 Cougar Island, Microsoft Teams Mr. Laski is the current lease holder of 1 Cougar Island and asks Council to respect the ability of lease holders to participate in the auction and requests mention of the issue in the letter to the state. Craig Utter, 309 E Lake, in person Mr. Utter represents the United Payette Coalition & Payette Land Trust. Mr. Utter gave an overview of recommendations given to Council from United Payette in regard to the auction of Cougar Island. Patricia Young, 793 Chad Loop, in person Ms. Young expressed concern regarding property assessments from Valley County and noted helpful staff at the Valley County office. Additionally, Ms. Young noted being part of the impact area and expressed additional concerns regarding the concrete plant. Specific concerns included industrial noise, air pollutants, asphalt odors, and the plant being an eye sore. David Simmons, 506 Sunset St, in person Mr. Simmons represented the Big Payette Lake Water Quality Council and expressed concerns for local water quality in regard to the future of Cougar Island. Mr. Simmons additionally reviewed possible land use protection methods that could be implemented by the city to protect local water quality. David Gallipoli, 200 Scott St, in person Mr. Gallipoli thanked Council for putting Cougar Island on the agenda and gave a brief overview of possible options that could be taken before the auction of endowment lands to protect the environment and water quality. Rick Fereday, 315 Burns, in person Mr. Fereday agreed with previous comments on Cougar Island. Mr. Fereday urged the city to reassess local option tax and put a larger tax on short term rentals on the November ballot. Additionally, Mr. Fereday expressed concern over ATVs on city streets. Hearing no comments, Mayor Giles closed the comment period at 5:57p.m. REPORTS 1 Chamber of Commerce Julie Whitescarver gave an overview of business after hours, fall leadership academy and staff changes at the Chamber of Commerce. Council had no questions regarding the Chamber report. Department Reports Council had no questions for Department Heads regarding the monthly department reports. Council Member Nelson noted the great detail included in the reports provided by staff. MCCALL CITY COUNCIL July 14, 2022 Regular Meeting Page 4 of 12 Council Report Council Member Nelson noted the Valley County Opiate response group meets twice a month and the group is actively looking for opportunities to build mental health in the community. AB 22-183 Covid-19 Update Dallas Palmer, Police Chief presented to Council. 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. The Police Chief's written update was added to the packet when received. Council Member Nelson noted the community should be comfortable with taking precautions for individuals as they feel is appropriate. Chief Palmer reviewed a high level of positivity and noted that the Emergency Operations Team will adjust city protocol if needed based on the numbers reported. AB 22-184 McCall Police Department Presentation of Public Safety for the 4th of July Celebration Chief Dallas Palmer provided a summarization of public safety for the 2022 Fourth of July celebration. A calm and peaceful event overall. McCall Police Department and Idaho State Police worked to answer calls within city limits with assistance from Valley County as needed. McCall Police Department staff included 9 officers in total. Chief noted that there are currently 2 open positions and 1 officer in training. Incident numbers are down from 2021 totaling 209 including 139 traffic stops and 4 DUIs. Local businesses were very responsible and not over -serving alcohol. The reason for lower incidents has been attributed to alcohol restriction, the holiday falling on a weekday, and cooler weather. Council had no questions for Chief Palmer regarding Public Safety for the 4th of July Celebration. Mayor Giles noted appreciation for staff. AB 22-189 Presentation: McCall Fire District Impact Fee Study and Capital Improvement Plan McCall Fire District Chief Garrett de Jong presented the Final Impact Fee Study to Council and explained the next steps for implementation. Highlights of the presentation included review of the impact fee study completed in November 2021, a new version completed in June of 2022 and explanation of a new legislation slowing the process down because the Fire District does not have ordinance authority and relies on the City and County ordinances. The only way for a Fire District to collect impact fees is to work with the entities that have jurisdiction. Four -5 person committees for the whole district have been formed with a goal to have all committees work together. Chief De Jong gave a brief overview of fee calculations noting average response time in city limits is 5 minutes and a second response unit is needed. Chief De Jong gave recommendation to move forward from the City Advisory Committee and Fire District Commissioners. Mayor Giles gave appreciation for the detailed report. Chief De Jong noted the qualifications of the consultant working on the study and noted that staff is confident in the process and reviewed a previous process in 2007 that was put on hold as well as an explanation of the Advisory Committee. MCCALL CITY COUNCIL Page 5 of 12 July 14, 2022 Regular Meeting Mayor Giles asked about next steps. Chief De Jong reviewed next steps working with Valley County and the City of McCall. Council Member Nelson asked if there will be a considerable financial impact for residents. Chief De Jong noted the fee is geared toward new construction and noted the built in processes to limit fee impact on residents. Council Member Nelson asked if the threat for fire is greater with more development. Chief De Jong noted working with other fire districts in the area, the State and Forest Service on prevention efforts including the discussion of development on property that is 20% forested putting a fire plan in place by a professional. PUBLIC HEARING 1 AB 22-185 Appeal of McCall Area Planning & Zoning Commission Decision on DR -22-10, located at 607 Lick Creek Road Council noted no conflicts of interest with the DR -22-10. Council Member Thrower moved to open the public hearing. Council Member Nielsen seconded the motion. In a voice vote, all voted aye, and the motion carried. A neighboring property owner has requested an appeal of DR -22-10, which was an application for the McCall Area Planning & Zoning Commission to approve an alternative parking plan to come into conformance with the minimum parking requirements for a single-family residence, a requirement to expand upon a nonconforming use pursuant to McCall City Code Section 3.11.06(B). The appellee is requesting to convert an existing attic into habitable living space. City Planner Brian Parker presented to Council providing a brief overview of the history on DR - 22 -10 noting the record of survey was completed and reduced the lot size which made the lot become non -conforming, In turn different city codes were applied to the lot and there was a modification to plans, an Administrative Approval application submitted, and the determination was made by McCall Planning and Zoning to allow 1 parking space off site. Council had no objections to admitting the official documents into the record. Council Member Thrower asked for clarification on the parking location at 600 Lick Creek Road. Planner Parker noted the option to park on 600 Lick Creek Rd encroached on the public right of way and private land. In turn 602 Lick Creek Road was instead approved by the McCall Planning & Zoning commission as an offsite parking space. Newby family 603 Lick Creek Road presented to Council as the appellants. Deborah Newby representing the Newby family addressed the Council giving a detailed history of issues related to 607 Lick Creed Rd. Ms. Newby noted the previous structure on the lot was demolished before a building permit had been obtained with the City, the Design Review was filed after the development was mostly constructed and that an accessory dwelling unit was denied but the shed in the back lot was rented as an independent unit. The current home has a full second kitchen on the second floor and a permit was not applied for. There is a perceived lack of MCCALL CITY COUNCIL Page 6 of 12 July 14, 2022 Regular Meeting enforcement of City Codes. Ms. Newby asked if the structure would have been allowed to be built if it was applied for using the correct process. The Newbys built their home in accordance with the City Codes and the current known property lines at the time. She stated that if it is allowed it is allowed and if it's to code, it's to code. Additionally noted were emergency response issues with egress and ingress, removal of trees on the lot without a permit and an explanation of impacts on the Newby property. The Newby's request City Council to delay or overturn the McCall Planning and Zoning decision. Additionally, Ms. Newby noted a public noticing mistake for the public hearing and requested Council conduct a site visit. Council Member Nelson noted the invitation offered by Ms. Newby to do a site visit would be an important step for Council. Attorney Nichols noted that City Council cannot go view the property because of legal reasons around land use applications. City Code calls out that during a land use appeal the Council must rely solely on the materials and comments presented during the public hearing. Council Member Thrower asked for clarification on the public notice mishap comment that Ms. Newby made. Ms. Newby clarified that the notice for the public hearing had a clerical error of the comment period being off by one week. Attorney Nichols noted the legal process for asking questions of the staff, applicant and appellant. Amy Holms, Attorney for the applicant noted clarification of the order for the public hearing. Council Member Nelson asked Ms. Newby about the garage at 607 Lick Creek and whether it has ever been used as a garage. Ms. Newby commented that Mr. Farmer has taken photos and videos of being able to park in the garage, but the garage is set up as an additional living space. Mayor Giles opened public comment at 7:20p.m. Mayor Giles acknowledged that there were seven written comments received and included in the minutes as Attachment 2 Pam Claassen, 601 Lick Creek & 364 Ruby, Microsoft Teams Ms. Claassen noted previous letters sent to Planning & Zoning, the importance of a relationship within the neighborhood and requested City Council to stay the final approval for an independent review. Additionally noted were concerns raised by staff previously, the need for lessons to be learned for future processes, and the limited access already seen by Davis Beach. Chris Braden, 607 Lick Creek, in person Mr. Braden was a resident at 607 Lick Creek but currently does not have an address due to the lack of affordable housing. Mr. Braden is the previous owner of Ruby's Kitchen and commented on the character of Rick and Lori Farmer. Through word of mouth the Braden's and the Farmers were put in touch and the Braden's were able to live on the first floor of 607 Lick Creek when the Braden family first returned to McCall. Additionally, Mr. Braden noted there had only been 1 vehicle at the property while his family was living there, and it was parked in the garage. Attorney Nichols noted Council can ask questions of the public giving testimony if Council wishes to do so. Council Member Nelson confirmed that the previous tenant used the garage as a garage. Mr. Braden confirmed that his jeep was parked in the garage during winter. Council Member Thrower asked about the timeline that Mr. Braden and his family resided at the residence. Mr. Braden noted the timeline of December 2020 until May 2021. Mr. Braden also clarified that his family was aware it would not be a long lease, but his family was still grateful for having housing for 6 to 7 months. MCCALL CITY COUNCIL Page 7 of 12 July 14, 2022 Regular Meeting Oliver Larsen, 4575 Plum Lane Ontario Oregon, in person Mr. Larsen knows the Farmer family from the Treasure Valley and helped construct the house at 607 Lick Creek. Mr. Larsen performed framing and concrete work in the garage July 2020. Mr. Larsen noted having no issues with the concrete truck from any neighbors regarding the concrete truck but did have an altercation when a pickup truck was backed up to the alley way. Another worker alerted Mr. Larsen to neighbors yelling about vehicles needing to be moved. It was later found out that it was the Newbys who confronted Mr. Larsen in what he described as a threatening manner. David Jacobus, 1500 SE 5th Ave Ontario, in person Mr. Jacobus gave an explanation of the work he has performed in Valley County including the demo of the cabin formerly on 607 Lick Creek. Mr. Jacobus noted verbal direction from City Staff regarding the project and confrontations with the Newby family during the project. Hannah Farmer, 949 N 940 W Orem Utah, in person Ms. Farmer gave an explanation of the relationship history with the Newby family including tree removal issues and steps taken to respect requests made by the Newby family. Lori Farmer, 607 Lick Creek, in person Ms. Farmer reviewed the history of 607 Lick Creek since the Farmer family bought the property and additionally gave background on confrontations with the Newby family. Rick Farmer, 607 Lick Creek, in person Mr. Farmer spoke about trees that had been cut down that did not need City approval or had approval from the City Arborist. Additionally reviewed by Mr. Farmer were the lot coverage requirements, parking requirements, correspondence with City Staff and planning and zoning approvals. Amy Holm, 706 1st street, in person Ms. Holm spoke on behalf of the applicant, the Farmer family. Ms. Holm gave a detailed overview of the issues at hand for DR 22-10 and gave an explanation of the burden of proof noting the Farmer's burden was to the City during the application process. The appeal burden lies with the Newbys for proof of need to overturn the Planning and Zoning Commission's decision. Additionally, Ms. Holm noted Council's decision is only to be made with the records in front of Council during the public hearing. The only issue being considered is if DR 22-10 is lawful. Ms. Holms reviewed how the proposed parking easement would run with the land once signed and recorded. Additionally, detail was reviewed regarding other applications currently in front of staff but not being considered during this public hearing. Council Member Thrower asked Ms. Holms for clarification between license vs. easement agreement. Ms. Holms clarified the draft easement was not resubmitted and the final easement will run with both properties forever. City Planner Brian Parker clarified the attorney review with the Planning and Zoning Commission regarding the easement in question. Council Member Nielsen asked if the Farmers are able to park in the back of the house. Ms. Holm noted disagreement with City Staff on the possibility of parking in the back of the house. MCCALL CITY COUNCIL Page 8 of 12 July 14, 2022 Regular Meeting Council Member Nelson asked Planner Parker about the City Code compliance with 607 Lick Creek. Planner Parker noted codes being applied equally with flexibility for change orders and other processes, but procedural order of applications may have been missed and staff has learned lessons with 607 Lick Creek. Council Member Nelson additionally asked if the processes followed had any significant impact on the outcome. Planner Parker noted the largest error was in the initial review of the plans by staff, specifically the review of the garage and the ability to park in the garage. Council Member Thrower asked if there is internal access to the second story from the first floor to the second floor other than the garage stairs. Planner Parker noted the only access to the second floor is the stairwell in the garage. Council Member Nielsen asked if the third floor was the trigger of the parking issues. Planner Parker affirmed opening the third floor requires additional parking and gave an explanation on the process for expanding the structure. Additional discussion was had between Council and Planner Parker regarding public right of ways and parking requirements. Council Member Nelson asked Planner Parker to explain how the third story dormer has affected the application process. Planner Parker noted an administrative design review is required for structures over 3500sqft and opening the third story makes the structure over 3500sqft. The Newby family addressed Council. Deborah Newby spoke on behalf of the Newby family and addressed the comments made by the Farmers and Ms. Holms on behalf of the Farmer family. Ms. Newby noted snow storage issues, additional parking issues and the driveway of 607 Lick Creek not being in compliance. The Newby family respectfully disagreed with City Staff s definition of an accessory dwelling unit and sited the issue between property owners has been a lack of communication. Gary Newby commented on and apologized for inappropriate attitude with the Farmer family and contractors on the project. Council Member Nielson asked Planner Parker about the driveway compliance brought up by the Newby family. Planner Parker noted the current City Code is intended for steep driveways and Public Works staff has reviewed the driveway. Council Member Nielsen additionally asked about the water meters in the Lick Creek area. Planner Parker noted there is a shared meter pit but not shared meters. Council Member Nelson asked Planner Parker about pending issues regarding the property and any conditional items that need to be met. Planner Parker noted the certificate of occupancy cannot be issued without the conditions outlined by planning and zoning being met. The third floor would require a new building permit and a new certificate of occupancy. Council Member Nelson asked for clarification on the specification of accessory dwelling units and Planner Parker noted that applying code consistently throughout the city is vital and the administrative approval process facilitates applying code. No additional parking spots are required for properties with ADUs so whether the third floor will be considered an ADU does not affect the decision in front of Council. Council had additional discussion regarding parking requirements for ADUs. Attorney Nichols clarified to Council that the decision at hand must be made with the current city codes and facts provided during the public hearing in regard to the design review appeal only. Council Member Nielsen moved to close the Public Hearing. Council Member Nelson seconded the motion. In a voice vote all voted aye, and the motion carried. MCCALL CITY COUNCIL Page 9 of 12 July 14, 2022 Regular Meeting Council Member Nielsen expressed concerns of setting a precedent in other neighborhoods not just 607 Lick Creek and additional concerns regarding public access for Davis Beach. Council Member Nielsen asked Attorney Nichols if there are other similar situations that involve unorthodox parking options. Attorney Nichols noted it is legally unusual to see a parking easement in a residential area, but the code adopted by City Council previously gave the Planning and Zoning Commission the ability to consider alternate parking solutions when a property does not have enough on -site parking available for any reason. The code allows the applicant to present to Planning and Zoning Commission to solve the parking issue. Council Member Nelson noted that given the current code; the applicant has solved the parking solution and the Planning and Zoning Commission has accepted the solution. Council Member Thrower noted according to code the applicant has made efforts to follow the conditions laid out in order to obtain a certificate of occupancy. Additionally, Council Member Thrower would like to see that the conditions outline the easement running with both properties in perpetuity. Attorney Nichols noted if Council upholds the findings of the Planning and Zoning Commission there would be an understanding that the easement would run with the land. Additionally, conditions of approval are reviewed by the city attorneys before final approval. Council Member Nelson moved to uphold the decision of the Planning and Zoning Commission with the understanding that the conditions of approval will include an easement to run in perpetuity. Council Member Thrower seconded the motion. In a voice vote Council Member Nelson, Council Member Thrower, and Mayor Giles all voted aye. Council Member Nelson voted no; the motion carried. Council took a 10 -minute break at 9:11pm and reconvened at 9:20pm. BUSINESS AGENDA 1 AB 22-186 Request Housing Advisory Committee (HAC) Appointments Community and Economic Development Director Michelle Groenevelt presented to Council. The Housing Advisory Committee (HAC) consists of five (5) voting members appointed by the City Council. The term of office for each appointive member shall be three (3) years. Each member serves no more than 2 consecutive terms. Committee members need not be a resident of the City of McCall. Representation from housing and construction related professionals such as real estate, land use law, building and construction, architecture, finance, and other related fields, is preferred. The current membership consists of Nick Zello (Chair), Diane Kushlan, (Vice -chair), Pat Hill, Robert Lyons, and Toni Curtis. The two vacancies were advertised in The Star News and 3 letters of interest/resumes were received from the following people: Floyd Loomis, Joseph R. Dalrymple and Rick Fereday. Council had no comments or questions regarding the Housing Advisory Committee Appointment. Council Member Nelson moved to Appoint Rick Fereday and Joseph R. Dalrymple as a Housing Advisory Board Member (HAC) for a three-year term ending in July 2025. Council Member Nielsen seconded the motion. In a voice vote Council Member Nelson, Council Member Nielsen, Mayor Giles, and Council Member Thrower all voted aye, and the motion carried. MCCALL CITY COUNCIL Page 10 of 12 July 14, 2022 Regular Meeting AB 22-191 Request for Assignment of Ground Lease for Greystone Village #3, Lot 7, Block 3, 1551 McCall Avenue and Establish a New Lease BessieJo Wagner City Clerk presented to Council. The City of McCall has a lease agreement with Gregg Eames for a single lot located at 1551 McCall Avenue. Kristin Eames Kindall, Personal Representative of the Estate of Gregg N. Eames is selling this home to Lianne C Weyen. Accordingly, Ms. Weyen will assume the land lease for Lot 7 and establish a new lease to reflect the new appraised value of the land. The lease transfer fee to be paid at closing by the Estate of Gregg N. Eames is $2,500. Ms. Weyen is considered a "qualified buyer" and will live in the home located at 1551 McCall Avenue and qualifies for rent of $1.00 per year. Council Member Nelson asked for clarification on the deed restriction tied to the land lease. Clerk Wagner clarified how the land lease works for qualified and unqualified buyers. Council Member Nelson moved to authorize the transfer of the land lease for Greystone Village #3, Lot 7, Block 3, from the Estate of Gregg N. Eames to Lianne C Weyen; approve the establishment of a new lease with Lianne C Weyen to encumber her interest in 1551 McCall Avenue, McCall, Idaho; and authorize the Mayor to sign all necessary documents. Council Member Thrower seconded the motion. In a voice vote Council Member Nelson, Council Member Thrower, Mayor Giles, and Council Member Nielsen all voted aye, and the motion carried. AB 22-188 Request to Draft a Letter to State of Idaho Land Board Regarding Cougar Island Auction City Manager Anette Spickard presented to Council. The State Land Board adopted the Payette Endowment Land Strategy (PELS) in March 2021. Cougar Island is identified as Parcel M and in Tier One of the PELS which slates it for disposition within 1- 5 years of adoption of PELS. The Idaho Department of Lands (IDL) plans to auction Parcel M in August 2022, either by individual lots or by the whole. It is estimated the base bid will be advertised at approximately $6 Million. The island is outside of City limits but within the Area of Impact. The land use designation is the least intense residential designation in the Impact Area and is intended to guide development away from unsuitable areas, to preserve ecologically sensitive and important recreation areas. This zone allows for the development of single-family homes on significant acreage at a maximum density of one dwelling unit per ten (10) acres. However, Cougar Island has already been subdivided into 5 parcels. Each of these parcels, if sold, is subject to Valley County's Impact Area development codes and standards including Design Review/Payette Lake Shoreline Environs Zone and providing the required infrastructure for further development. There is currently one single family home that leases the lot and the other four lots are undeveloped. Any new land use or building would need to comply with regulations and obtain the necessary permits. Manager Spickard adamantly expressed the legal inability for the City of McCall to pass ordinances that affect the impact area. Attorney Nichols further explained the jurisdiction of the impact area and the past relationship with Valley County to adopt mirror ordinances to cover the impact area. Only the County can legally adopt ordinances to govern activity in the city impact area. Council Member Thrower asked if the City could adopt an updated shoreline code to apply MCCALL CITY COUNCIL Page 11 of 12 July 14, 2022 Regular Meeting to Cougar Island. City Manager Spickard and Attorney Nichols noted the updated code would only affect Cougar Island if the County adopted a mirror ordinance to govern the area of impact. Manager Spickard additionally noted the County has expressed an unwillingness to adopt any additional mirror ordinances until a ten-year review can take place on the area of impact. Mayor Giles noted the City's ability to write a letter expressing the concern of the public to the Idaho Land Board. Attorney Nichols noted that staff can be directed to offer support to Valley County for any ordinance writing regarding Cougar Island if Council wishes. Michelle Groenevelt Community and Economic Development Director further explained communication with Valley County and the tools already available to the County Commissioners through previously adopted mirror ordinances including the use of the area of critical concern. Attorney Nichols reviewed previous cases of residential building on state land. Director Groenevelt noted that once the land is sold to private owners all land use ordinances the County has adopted for the impact area will govern the parcels. Council continued to discuss the land use regulations that would affect Cougar Island if the parcels were sold to private ownership. Manager Spickard summarized the direction from Council to staff noting drafting a letter to Idaho Department of Lands and Valley County regarding the auction of Cougar Island. Council additionally requested a special meeting to review the letter drafts on Wednesday July 20, 2022. Upcoming Meetings Schedule Discussion Council discussed upcoming meetings. ADJOURNMENT 1 Without further business, Mayor Giles adjourned the meeting at 10:14 pm ATTEST: O1 AMC' tea x ad— `qL : a lobert S. Giles, Mayor o •M • ®e O .17! ��,Z�9iC t'96.°°•w• O �����ID 10 BessieJo Wagner, City lerk MCCALL CITY COUNCIL July 14, 2022 Regular Meeting Page 12 of 12 ATTACHMENT 1 1 7/6/22 15:54:54 7/6/22 15:56:37 anonymous Laura Shealy 3710 Warren Wagon Road McCall Idaho 83638 "July 6, 2022 Dear McCall City Council, I am a member of Big Payette Lake Water Quality Council, a nonprofit in McCall with a mission to protect, preserve, and improve the water quality of Big Payette Lake and its watershed through education scientific study and conservation activities. I am writing in support of a Council Resolution to prohibit the development of any water front property utilizing a septic tank within 500 yards of the highwater mark. That would exclude entirely any development on Cougar Island. I also support the mandate to not allow any development on the lakeshore that isn't hooked up to the sewer system as is the current rule around Payette Lake. Cougar Island will never have sewer access. The current dwelling on Cougar Island would be grandfathered since it has had a septic tank for decades. We must protect the water quality of Payette Lake. Thank you Laura Shealy II 2 7/14/22 10:01:49 7/14/22 10:34:41 anonymous Joey Pietri 225 Valley Springs Rd. McCallIdaho 83638 "I would like to encourage the Council to unanimously put restrictive measures on Cougar Island for development and not enable any more homes or structures on that Sacred Site that has already been blemished. Tribal significance needs to recognized and respected. Recognition of indigenous rights is long overdue and the Land Grabbing must stop and be returned to the rightful original inhabitants families from whom it had been forcefully taken. That is more than an opinion it is truth and ignoring those truths is being complicit in the genocide of a culture that has existed thousands of years before the arrival of Christianity and Europeans left their shores. Thank you for the format and opportunity to express the truth. It is an honor to be on this beautiful Mother Earth and our greatest efforts are needed Now to nurture her back as best we can before life for most becomes unrealistic. " Report a Compliment or Service Concern at 07/13/2022 2:37 PM First Name: Alan Last Name: Shealy Address: 2153 E Solitude Ct City: Boise State/Province: ID Zip Code: 83712 Describe Your Concern: Dear Council Members, I am a former Boise City Councilmember who is livid over the proposed auction of Cougar Island by the Idaho Land Board. Please review my recent testimony to the Land Board regarding this sale below. I also support the recommendations of Dave Simmonds, which include a minimum 500 foot MCCALL CITY COUNCIL July 14, 2022 Regular Meeting Comments Page 1 of 3 setback for all septic systems along the lake and guarantee, in perpetuity, that there will be no public sewer connection to Cougar Island. This precious resource must be protected at all cost. Thank you for your time and consideration. Alan Shealy Good morning Governor and Members of the Land Board. I would like to begin my testimony this morning by reading from Idaho Code 39-6601. This language was crafted 27 years ago in large part through the dogged efforts of my late father in law, Peter Johnson. Idaho Code 39-66-01 39-6601. LEGISLATIVE INTENT. The legislature finds that the waters of Big Payette Lake and its watershed are threatened with deterioration due to expanding residential development, greater public use and growing land use activities, that these pressures may endanger the drinkability, economic potential, fisheries, natural beauty, recreational use, swimability and wildlife values of the lake; that the state holds all such public lakes in trust for the use of all its citizens; that to preserve and protect such public lakes and to increase and enhance the use and enjoyment of such lakes is in the best interest of all the citizens of the state; that natural lakes form an important basis of the state's economy and that the increasing demand upon the lake waters of this state require coordinated state and local action to protect, preserve and improve the water qualify [quality] of the lakes. The legislature declares that it is necessary to embark upon a program of water quality protection for the lake so that future generations of Idahoans may use and enjoy it. This act creates a program to protect, preserve and, where necessary, improve the water quality of the lake while accommodating private, public and commercial activities to the extent prudent and practicable. The program as set forth in this act shall require a working partnership of federal, state and local agencies. History: [39-6601, added 1993, ch. 200, sec. 1, p. 550.] How can the Land Board, as part of the multi -agency State, Federal and local coalition referenced by the Idaho State Legislature in Idaho Code 39-66-01, without a robust environmental impact study, sell land for development, the very design of which will be virtually certain to have harmful effects on safety, erosion, water quality, and view shed? Commissioners, you have a clear and inherent conflict of interest. You are obligated to maximize the return on real assets for the benefit of the State Education system, BUT you are also obligated to protect our waterways from threats that come from expanding residential development. This is explicitly stated in the ACT. In fact, if the quality of life on Payette Lake is reduced by overdevelopment, you will reduce the very return on assets that you are trying to enhance. I respectfully urge the Land Board to suspend the sale or transfer of all currently leased and unleased parcels in and around McCall until a detailed plan for those lands, informed by a robust environmental impact study, including remediation requirements, is presented by the Department of Lands and approved by the Land Board. With respect to Cougar Island, this is a uniquely sensitive property that sits directly in the middle of Payette Lake. It has been enjoyed by lake dwellers and visitors for generations. Development of this island would be an unmitigated tragedy. Pollution and erosion from development on this island would flow down the lake and diminish water quality for the majority of its inhabitants. I would encourage a land swap combined with a tax friendly donation to the City of McCall. As a former Boise City Council member, we did this all the time. We preserved hundreds of acres of sensitive foothills property in the process. If the island is to eventually be sold, it should be as one parcel, not five. This would conform to the current RR zoning designation by the City of McCall, and adhere to the letter and intent MCCALL CITY COUNCIL July 14, 2022 Regular Meeting Comments Page 2 of 3 of Idaho Code designed to protect Big Payette Lake. Thank you for your time Commissioners. I stand for questions. MCCALL CITY COUNCIL July 14, 2022 Regular Meeting Comments Page 3 of 3 ATTACHMENT 2 From: )eff Hamm To: BessieJo Waaner Subject: Public Hearing Notice DR -22-10 Date: Wednesday, July 13, 2022 10:23:48 AM 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. To Whom It May Concern, This is in regard to the DR -22-10 (Action Item) and my comments are for the Farmer's alternative parking plan. I have been coming to McCall nearly every summer to our extended family cabin at 634 Lick Creek Rd for between 1-3 weeks since the late 1970's. I have little recollection or awareness growing up or as a young adult of the Newby family - other than where they lived and that they had a daughter a few years older than me who was often there as well. My awareness of the Newby family changed drastically when my family vacationed to our cabin in McCall in August of 2020. I have five children in my family, and during that summer their ages were: three daughters ages 17, 12, and 10; and two sons ages 14 and 6. There were multiple other similar aged cousins that were also there with us that summer. I first became aware of an issue when one of the persons in the Newby household started telling my children that they should be masked if they were on the community dock at Davis Beach Park. One or multiple persons in the Newby household also at times tried to dictate to my children or my nieces or nephews where they could or could not be on the community dock or the proximity to which they could come within one or multiple persons in the Newby household. This created unnecessary barriers to the ability of the children in my family (immediate and extended) to swim or play on the dock in their customary ways and to be able to jump off of the dock into the water in the most frequently accessed area at the end of the dock. No one from the Newby household attempted first to have a cordial and respectful conversation with any of the various adults nearby on the beach connected to the children that were being addressed directly by those in the Newby household. While there are multiple owners of the community dock and the owners have rights to mooring a boat in specifically designated areas alongside the dock, no rights are granted to the owners of a specific area or surface of the dock - with the exception or reasonable ability to moor ones boat and come and go onto it as needed. They stated that the children could only pass their area on the dock if they were wearing a mask. This seems an unreasonable given that they were outside and in and out of the water. It seems that since my Uncle Rick legally purchased his property at 607 Lick Creek Rd in 2015, the Newby's have increasingly been trying to find or create any rule or law to infringe upon his family's and, often by extension, our extended family's ability to enjoy our respective households/properties on Lick Creek Rd. I was not as aware of these issues until 2020 (I lived overseas with my family with the Dept of Defense/US Navy from 2015-2019). The Newby's have complained about tents on the property, campers on the property, noise complaints, etc when we have remained completely within our legal rights with the way(s) in which we are legally and safely enjoying our respective properties. No one is using illegal drugs, abusing alcohol, or being violent. Yet, they seem to continue to find or manufacture reasons to make complaints to the city. The most alarming and concerning issues from our time there in early August 2020 was when Mr. Newby began taking pictures of our children at the beach in their bathing suits. No one MCCALL CITY COUNCIL Public Hearing Comments July 14, 2022 Regular Meeting Page 1 of 6 from the Newby household ever explained the purpose for which pictures were being taken of my children while they were at the beach in their bathing suits. This was at first done blatantly in the open. After I saw this disturbing behavior I initially addressed this by having a direct conversation with Mr. Newby. I asked him to delete the images immediately and asked him to show to me that he was deleting the images that he had of my children and my nieces and nephews that were present. He indicated that he was taking pictures at a public beach and he did not have to delete them or show to me that he was deleting them. I tried to be clear that it was not okay and that I would call the police if I saw it continue. While Mr. Newby did not continue to take pictures, this behavior continued by Mrs. Newby and/or their adult daughter - though more discreetly or from a greater distance. Given that I worked for four years in Mountain Home, Idaho as a Therapist at a residential treatment center for juveniles with sexual behavior problems - I am quite aware of how public spaces can create opportunities for persons with inappropriate or nefarious intent. While I have no other indications that there was sexually explicit or inappropriate intent by Mr. Newby himself or anyone in his household - the fact that he was so defensive about the situation and completely unwilling to validate my concern as a parent and Uncle or show that he was willing to delete the images of underage children in bathing suits was and is of additional concern. Indeed, my brother-in-law did call local law enforcement a day or two later regarding this concern and met and spoke with the responding officer (the exact date of this call and law enforcement response is not known by me but happened in the first week of August, 2020). Thank you for the opportunity to submit this statement. Sincerely, Jeffrey M. Hamm, LIAFT Oak Harbor, WA MCCALL CITY COUNCIL Public Hearing Comments July 14, 2022 Regular Meeting Page 2 of 6 COMMENTS RELATED TO THE DR -22-10 APPEAL 1 7/5/22 19:47:03 Karl Isacson 617 Lick Creek Rd McCall ID 83638 Against "I am opposed to any deviation from the city's current parking agreement for Rick and Laurie Farmer (and any other house on this street/neighborhood). This has never been a high density street/neighborhood and there is no reason to allow houses to be built with so much lot coverage that they cannot provide their own parking. Should a time arise when deviations from the parking requirements are necessary it should be done as a city/neighborhood wide policy rather than a case by case appeal. Before making any decision to approve this application, a site visit on a busy weekend or afternoon is crucial to understand how the current parking situation already creates street congestion that restricts the ability for the general public as well as emergency services to access the neighborhood and the Davis Beach access path. The permit process exists for good reason and it undermines the value and effectiveness if people are allowed to do as they please and get away with it by asking for forgiveness rather than permission Please enforce the existing policies and deny any requests for special consideration. Sincerely, Karl Isacson" 2 7/7/22 10:54:17 Chris Pierce 600 Lick Creek Rd, McCall For "I am "for" the Farmer's alternative parking plan and I have a few things to say regarding the Newby family's vengeful attitude toward the Farmer family in general which I believe is a major contributor to this issue. My first interaction with this family is captured in the Valley County Sheriffs Office police report #77986 dated 08/02/20. Below is a more detailed description of the event. I share this because I believe it paints a picture of the hatred and enmity that this family has against a group of people who have been responsible property owners on Lick Creek Rd since 1945. As of the time that I first was told of Mr. Newby taking pictures of my young children in their swimsuits, I couldn't have picked him up out of a line up. I knew there was a person (or people) who lived in his cabin that hated every person associated with our family, but I had never had a reason to interact with any of them personally. When I arrived a day after my family had to vacation with them, I found my kids sitting inside on a hot sunny day not willing to go to the beach. When I asked why, they told me that there was a ""creepy old man who was constantly taking pictures of them at the beach in their swimsuits & a creepy old lady that was physically restraining them trying to tell them they couldn't go on the dock (that our family has legal rights to access) unless they were wearing a mask". The old lady demanded that the children wear masks as they were swimming, which sounded ridiculous and dangerous to me. It also sounded strange that someone who was scared of Covid & trying to illegally enforce safe practices would be touching other people and trying to physically and illegally restrain them. As I inquired Public Comments July 14, 2022 MCCALL CITY COUNCIL July 14, 2022 Regular Meeting Public Hearing Comments Page 3 of 6 around the area in an effort to fmd out who these individuals were, I found that this was Mr. Newby & his adult daughter, to which I was not surprised. Before I could investigate further, another of my young children came running to me in the house crying because there was a ""creepy old man hiding behind a car taking pictures of them in their swimsuits"" while they were on our family's property playing. She let me know that she felt violated & confused as to why an old man would do something like that and make her feel this way. As this was now a second instance of an old man taking pictures of my kids in their swimsuits — and this time on private property while they were not in view from the public right of way, I went outside to investigate. I was surprised to fmd that there was in fact an old man hidden behind a car taking pictures of my kids with a large camera lens that had the ability to zoom way in. When he saw me approaching, he fled to another car and drove away. I met with the police following this incident and the officer agreed that this was highly suspicious and, while legal in a public space, not legal to do when there was a reasonable expectation of privacy as was the case here. He promised to investigate, however I was never provided an update. It was determined that Mr. Newby had taken the pictures of my kids in their swimsuits while playing on our property on his way out of town as he left to go home. The police officer confirmed that he was aware of the hatred that the Newbie family held for us and mentioned that he and everyone at the city was exhausted by the wasted resources associated with the continual stream of calls they receive from this family. I let him know that the next time I saw this happening I would be pressing charges - which I fully intend to do. I took notes because I it feels likely that he will want more pictures of my kids for whatever vengeful reason he might come up with, and I wanted to be able to reference the events of that day. I lose sleep regularly as I think about what someone like him, with such a vendetta against a specific group of people, and a real serious desire to have pictures of young kids in swimsuits, could be doing with the kinds of pictures he has of our young children. " 3 7/8/22 7:53:43 Bradford Wamer1047 Kaitlyn Loop, McCall For I am writing this statement of my own free will, these are my personal interactions and dealings Mr. & Mrs. Newby & Daughter Deborah to show their animosity towards the Rick Farmer family. In 2015 I had proposed to my wife in McCall on Davis beach. I had a special night planned where I lit candles contained in glass containers on the dock on Davis beach. The engagement went well and my now wife said yes, this was one of the best days of my life. Fast forward to the next morning, I woke up early around 6am to clean anything that wasn't cleaned the night before, as I was cleaning Mr. & Mrs. Newby not knowing who they were started taking pictures of me and I had asked them what they were doing. They started yelling at me and trying to tell me I am going to go to jail and they were going to call the police etc. I ignored them as I did not even know who these people were. Later they stole one of my glass containers that was holding one of my candles from the night before, I had asked them to return it as it was not theirs and they continued to speak down to me. What had been a perfect night now turned into a perfect nightmare. These people are relentless and do not know when to stop. I am happy I was taught to respect my elders and to not be aggressive during these type of situations because this easily could have gotten out of hand with how aggressive this couple were towards me. My family Public Comments July 14, 2022 MCCALL CITY COUNCIL July 14, 2022 Regular Meeting Public Hearing Comments Page 4 of 6 loves McCall as now I have 4 beautiful children that we share McCall with and without a doubt every visit I have has a Newby incident. The Newby Family in my dealings have been insolent, rude, degrading, demeaning, and very aggressive. I have told my family to ignore them all costs, but it is difficult when we are subject to verbal abuse on a consistent basis. It's come to a point where this harassment needs to stop, it is getting out of hand. The police have been called numerous times, the tax payers are footing a bill of false accusations and I believe as a tax payer in the county I've had enough of this. There needs to be accountability. 4 7/8/22 10:55:26 Leah Chatman 24703 NW 4th Ct, Ridgefield, WA 98642 For My name is Leah Chatman, I am from Washington and am for the Farmers and against the Newby's appeal.. We usually visit McCall for our family reunion each year for the 4th of July. We have had interaction with the Newbies a few times through the years of going up there. One year in 2015, I went down to put our chairs up and Mrs. Newbie popped out from behind a tree, scaring me, and was hassling me about setting up my chairs early on the "public" beach. One year, I set up chairs on the dock and she complained that I shouldn't put my chairs up so early on the dock. When I came back down my chairs were all laid down on the dock and one was missing. We found it in the lake later that day. 5 7/11/22 9:25:41 Dave Jacobus 1500 se 5th ave, Ontario, OR 97914 For "I am for the Farmer's alternative parking plan and against the Newby's appeal. Rick farmer hired me to build his new home as their year round mccall residence. We had submitted all the appropriate paperwork and were waiting to hear back from John Powell the City Building Inspector regarding demolition. As time went by we decided to call him to see if there were any issues with our paperwork. He said paperwork was fine and complete and that he was just very busy so hadn't had a chance to complete the permit. So we asked if we could proceed with the demolition and he gave us verbal permission (in effect a verbal permit). Obviously had the building inspector said no, we would not have proceeded. On or about the week of June 21, 2020 we rented a mini excavator and began the demolition, sometime during that first day the Newbys showed up to their cabin. Immediately Mr Newby started screaming at me and waving his arms. He walked towards me and onto the Farmer's property continuing to scream and waving his arms about. I turned off the equipment and he continued to scream asking for our permit. I informed him we had verbal permission from the building inspector which incensed Mr Newby all the more. The Newbys have done this to many of the subs on the job, specifically our concrete guy and some lumberjacks that fell some trees. From that point forward it was evident that the Newbys had a deep seated hatred for the Farmers as that same demeanor has continued to this day, culminating in this appeal." 3 7/14/22 14:25:42 7/14/22 14:26:50 anonymous Christopher Braden 324 West Lake St. Mccall ID 83638 "To whom it may concern, My name is Christopher Braden, some of you may know me as the former owner of Ruby's Kitchen here in Mccall. My family and I have been living in Mccall off and on for the past Public Comments July 14, 2022 MCCALL CITY COUNCIL July 14, 2022 Regular Meeting Public Hearing Comments Page 5 of 6 decade and I am a native to the area as well. I would like a chance to share my experience with the Farmer family and how they provided a home for my family and I when we were in need. Us long term renters in Mccall call it the "Mccall Shuffle", but it's a game of musical chairs and not all of us have a home to live in when the music stops. Good people with deep roots here are being pushed out all the time by short term rental and skyrocketing long term rental and home prices. In short the Farmer family opened their newly built home to my family and I just when we were about to leave the area. I also work at St. Luke's full time and my wife is the administrator of the Mccall Donnelly school district. Two jobs that couldn't be replaced overnight and would be considered "essential" in our community. The farmers have built a beautiful home for their friends, family, and to locals like myself to gather, enjoy, and live. Any of us that live here year around knows how parking can be through the seasons here. In the winter lines can be blurred with the snow cover and the summers pose thier own challenges with our population doubling and tripling and parking spaces become a premium. I did not ever have any trouble nor was I ever asked to move my vehicle while parked at the Farmers property. In fact there is plenty of space for larger vehicles to move around to any surrounding property. I support any effort to help open up these homes to provide a competitive and affordable housing to McCall. Not only are the Farmers wonderful landlords and but they have become friends and family to my family and I. This is what Mccall means to me, a loving, caring community. Thank you. Christopher D Braden" Public Comments July 14, 2022 MCCALL CITY COUNCIL July 14, 2022 Regular Meeting Public Hearing Comments Page 6 of 6