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HomeMy Public PortalAbout2022.09.22 Regular Meeting MinutesMINUTES McCall City Council Regular Meeting McCall City Hall -- Legion Hall VIA TEAMS Virtual September 22, 2022 Call to Order and Roll Call Pledge of Allegiance Approve the Agenda Consent Agenda Public Comment Business Agenda Executive Session Return to Open Session 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 Maciaszek, Council Member Nelson, Council Member Nielsen, and Council Member Thrower all answered roll call. City staff members present were Anette Spickard, City Manager; Mathew Johnson, City Attorney; Amanda Payne, Local Option Tax Administrator; 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; Also, in attendance were Lisa Craig, The Craig Group; Don Bailey, Historic Preservation Commission Chair; Mayor Giles led the audience in the Pledge of Allegiance. APPROVE THE AGENDA 1 Council Member Nelson moved to approve the agenda as submitted. Council Member Nielsen seconded the motion. In a voice vote all members voted aye, and the motion carried. CONSENT AGENDA 1 MCCALL CITY COUNCIL September 22, 2022 Regular Meeting Page 1 of 10 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. Special City Council Minutes — June 16, 2022 2. Special City Council Minutes — July 20, 2022 3. Regular City Council Minutes — July 28, 2022 4. Special City Council Minutes — July 29, 2022 5. Payroll Report for period ending September 2, 2022 6. Warrant Register — GL 7. Warrant Register — Vendor 8. AB 22-250 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 9. AB 22-258 Treasurers Monthly Report Treasurer's report of accounts and activity of office during the month of August 2022 regarding care, management or disposition of moneys, property or business of the City. Attached is the August 2022 Report. Action: Review the Treasurers report 10. AB 22-245 Request to Proclaim October 9-15, 2022 as Fire Prevention Week — "Fire Won't Wait. Plan Your Escape." The City of McCall, Idaho is committed to ensuring the safety and security of all those living in and visiting the City. Fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire. This year's National Fire Protection Association® (NFPA®) Fire Prevention Week campaign is "Fire won't wait. Plan your escapeTM", works to educate everyone about simple but important actions they can take to keep themselves and those around them safe from home fires. Today's homes burn faster than ever. You may have as little as two minutes (or even less time) to safely escape a home fire from the time the smoke alarm sounds. Your ability to get out of a home during a fire depends on early warning from smoke alarms and advance planning. Since 1922, the NFPA has sponsored the public observance of Fire Prevention Week. In 1925, President Calvin Coolidge proclaimed Fire Prevention Week a national observance, making it MCCALL CITY COUNCIL Page 2 of 10 September 22, 2022 Regular Meeting the longest -running public health observance in our country. During Fire Prevention Week, children, adults, and teachers learn how to stay safe in case of a fire. Firefighters provide lifesaving public education in an effort to drastically decrease casualties caused by fires. Fire Prevention Week is observed each year during the week of October 9th in commemoration of the Great Chicago Fire, which began on October 8, 1871, and caused devastating damage. This horrific conflagration killed more than 250 people, left 100,000 homeless, destroyed more than 17,400 structures, and burned more than 2,000 acres of land. In an effort to support the national proclamation of Fire Prevention Week and bring awareness to the citizens of McCall, staff requests the Council proclaim October 9-15, 2022 as Fire Prevention Week in McCall. The proclamation is attached. More information and activities can be found on the NFAP website https://www.nfpa.org/Events/Events/Fire-Prevention- Week/Educate. Action: Proclaim October 9-15, 2022 as Fire Prevention Week throughout the City of McCall and authorize the Mayor to sign the proclamation. 11. AB 22-246 Request to Proclaim October 2022 as Arts and Humanities Month October is National Arts & Humanities Month (NAHM) —a coast -to -coast collective recognition of the importance of culture in America. NAHM was launched by Americans for the Arts more than 30 years ago as National Arts Week in honor of the twentieth anniversary of the National Endowment for the Arts. In 1993, it was reestablished by Americans for the Arts and national arts partners as a month -long celebration, with goals of: FOCUSING on equitable access to the arts at local, state, and national levels; ENCOURAGING individuals, organizations, and diverse communities to participate in the arts; ALLOWING governments and businesses to show their support of the arts; and RAISING public awareness about the role the arts and humanities play in our communities and lives. The arts and humanities have played a critically important role in getting us through the COVID-19 pandemic and in amplifying the need for racial equity across the country. National Arts & Humanities Month is the time for communities to come together in unified celebration of the power of the arts to make a difference and change our lives for the better. National Arts & Humanities Month is an opportunity to recognize and celebrate the positive impact the arts bring to our schools and communities therefore in an effort to support the national proclamation of Arts and Humanities, staff requests that Council proclaim October as Arts and Humanities month in McCall. The proclamation is attached. Action: Proclaim October 2022 as Arts and Humanities Month and authorize the Mayor to sign all necessary documents. 12. AB 22-252 Request Approval of the publication of the summary of Ordinance 1011 Adopting Title 3 and Title 4: Updates to Short -Term Rental (STRs) Regulations and Permitting On September 8, 2022 Council Adopted Ordinance 1011 to improve health and safety and improve neighborhood impacts, through an updated process for regulating and permitting of STRs. The City of McCall and Valley County last updated codes for regulating and permitting STRS in January 2020. The McCall City Council held two work sessions on this topic and held a public hearing that was continued to a second meeting. The updates to the city code occur in Title 3 and Title 4. Since the Ordinance summary was not prepared in time for the September 8, 2022 Council Meeting, a separate action needs to happen to ensure that the summary is published within 30 days of adoption to be in effect by October 1. The adopted Ordinance 1011 and the summary are attached. Action: Approve the publication of the summary and authorize the Mayor to sign all necessary documents. MCCALL CITY COUNCIL Page 3 of 10 September 22, 2022 Regular Meeting 13. AB 22-257 Request to Enter into a Mutual Aid and Assistance Agreement for Idaho Intrastate Water/Wastewater Agency Response Network (IdWARN) The Idaho Intrastate Water/Wastewater Response Network (IdWARN) has been established in Idaho with over 60 current members where utility agencies can support one another and maintain critical life/safety operations in the event of a natural disaster or other emergency. The included Mutual Aid and Assistance Agreement outlines the rules and regulations for members and the procedures for requesting, providing and/or refusing to provide assistance. It has been reviewed and approved by legal counsel. Membership in IdWARN not only provides the City of McCall with statewide support network, but also provides for local collaboration (City of Cascade is a member). Additionally, membership in IdWARN is beneficial (increases application scores) when applying for various grant opportunities offered by the Idaho Department of Environmental Quality (IDEQ) and other funding sources, some of which the City is currently pursuing. Action: Approve the Mutual Aid and Assistance Agreement for Idaho Intrastate Water/Wastewater Agency Response Network (IdWARN) and authorize the Mayor to sign all necessary documents. Council Member Thrower moved to approve the Consent Agenda as submitted. Council Member Nielsen seconded the motion. Mayor Giles, Council Member Maciaszek, Council Member Nelson, Council Member Nielsen, and Council Member Thrower In a roll call vote Mayor Giles, Council Member Maciaszek, Council Member Nelson, Council Member Nielsen, and Council Member Thrower all voted aye, and the motion carried. PUBLIC COMMENT 1 Mayor Giles called for public comment at 5:32p.m. One written comment was received and is included as Attachment 1. Hearing no comments, Mayor Giles closed the comment period at 5:33p.m. BUSINESS AGENDA 1 AB 22-254 Request to Approve an Ordinance, Updating McCall City Code Titles 4, 5 and 8 Related to Parking, Snow Removal Interference, and Snow Removal Services Regulations Dallas Palmer Police Chief presented to Council with City Attorney Matt Johnson. City Council has reviewed and directed the recommended changes to McCall City Code Titles 4, 5 and 8 during three previous work sessions with staff. The city attorney has reviewed the attached proposed Ordinance and Ordinance summary. The purpose of this code revision is to do three things: 1. Decriminalize parking and snow storage violations 2. Provide additional regulations for commercial snow removal 3. Create an enforcement mechanism in support of the first two goals. This code revision achieves these purposes by enacting the following: a) Creating parking regulations that accommodate snow removal. MCCALL CITY COUNCIL September 22, 2022 Regular Meeting Page 4 of 10 b) Defines the process for issuance of a notice of violation for parking or snow storage. c) Creates a process for appeal of a notice of violation to the City Clerk. d) Allows for collection of unpaid notices of violation. e) Prohibits depositing of plowed snow onto public ROW or upon the property owned by a third party. f) Identifies the penalties for violation of city code by those licensed for snow removal. g) Establishes a fine for commercial snow removal without a license. Council Member Thrower moved to suspend the rules and read by title only, one-time only, Ordinance 1013. Council Member Nelson seconded the motion. In a roll call vote Mayor Giles, Council Member Maciaszek, Council Member Nelson, Council Member Nielsen, and Council Member Thrower all voted aye, and the motion carried. Local Option Tax Admin, Amanda Payne read Ordinance 1013 by title only, one-time only: An Ordinance Of The City Of Mccall, Valley County, Idaho, Amending Sections 4.3.1, License Required; Application; And Procedure, And 4.3.2., Snow Removal Contractor Responsibility, Of Chapter 3, Snow Removal Licenses, Title Iv, Business Regulations, Of The Mccall City Code To Establish Fines And License Suspension For Unlawful Commercial Snow Removal And Provide For Reconsideration Of Fines And Business License Revocation; Amending Sections 5.6.210, Authority To Regulate, 5.6.220, General Provisions And Presumptions, Deleting Section 5.6.230, Ponderosa State Park Rules And Regulations, Retitling 5.6.240, Penalties For Parking Violations, To Notice Of Parking Violations And Procedures, And Enacting 5.6.250, Notice Of Parking Violation Delinquency And Collection, Of Chapter 6, Vehicle And Boat Regulations, Title V, Public Safety, Of The Mccall City Code To Authorize The City To Regulate, Limit And Control Traffic And Parking Within Its Boundaries And Provide For Notice And Collection Of Parking Violations; And Amending Section 8.5.030, Interference With Snow Removal And Deposit On Right Of Way Prohibited, And Enacting 8.5.040, Notice Of Snow Storage Violations And Procedures, Of Chapter 5, Snow, Ice And Rubbish Removal, Title VIII, Public Ways And Property, Of The Mccall City Code To Expand What Constitutes Interference With Snow Removal, Violations For Snow Storage, Provide Penalties For Violations And For Reconsideration Of Fines And Business License Revocation, Providing For Savings And Severability; And Providing For An Effective Date. Council Member Thrower moved to adopt Ordinance 1013, Updating McCall City Code Titles 4, 5 and 8, approve the publication of the summary, and authorize the Mayor to sign all necessary documents. In a roll call vote Council Member Nielsen seconded the motion. Mayor Giles, Council Member Maciaszek, Council Member Nelson, Council Member Nielsen, and Council Member Thrower all voted aye, and the motion carried. AB 22-255 Request to Review Proposed Fees and Fines for Parking and Snow Storage Violation and Process Administration and Provide Direction to Staff Police Chief Dallas Palmer presented to Council. At the request of Council, staff has determined a fee and fine schedule for Parking and Snow Storage violations and process administration in MCCALL CITY COUNCIL Page 5 of 10 September 22, 2022 Regular Meeting relation to the Parking and Snow Removal Ordinance. A proposed fee schedule was presented for Council to review. Chief Palmer walked the Council through each fine and the related fees. Council had no questions regarding the parking and snow storage fees. Direction to staff to schedule the public hearing to adopt the recommended fees. AB 22-248 Request to approve Resolution 22-30 adopting the 2022 McCall Historic Preservation Plan Economic Planner Delta James presented to Council. The McCall Historic Preservation Commission worked with The Craig Group to update the 2011 McCall Historic Preservation Plan. The updated plan will provide guidance to the Historic Preservation Commission and City Council in their efforts to accomplish the objectives of McCall City Code Title III, Chapter 20. Community outreach during plan development, although altered in format due to COVID 19 mitigation measures, included input from over 300 participants via online surveys, interviews and works sessions with key community groups, sessions with high school classes, and one-on-one interviews with the heads of nonprofits, business leaders, City staff and committee members. The plan's goals and objectives were posted for public review via online survey and, at its September 12, 2022 meeting, the McCall Historic Preservation Commission unanimously recommended the updated 2022 McCall Historic Preservation Plan to City Council for adoption. Additionally, Don Baily of the McCall Historic Preservation Commission addressed Council giving an overview of the Historic Preservation Plan process. Planner James stated that the document has been reviewed by the Idaho State Historic Preservation Office and we have received approval from them for the document to move forward. This approval helps us retain the City status as a certified local government entity. Lisa Craig and Kim Rose of the Craig Group gave a detailed presentation about the Preservation Plan highlighting the intent behind a Preservation Plan, timelines for priorities, and goals. During the presentation they acknowledged the work of staff, and their appreciation of the work Delta James does for the City. Council thanked the Craig Group and staff for the presentation and inclusiveness of the Preservation Plan. Council additionally discussed the historic properties including Stibnite housing throughout the city and the importance of recognizing and celebrate that aspect of the indigenous peoples and their culture that occupied our area first. Council Member Maciaszek moved to approve Resolution 22-30 adopting the 2022 McCall Historic Preservation Plan and authorize the Mayor to sign all necessary documents. Council Member Thrower seconded the motion. In a roll call vote Mayor Giles, Council Member Maciaszek, Council Member Nelson, Council Member Nielsen, and Council Member Thrower all voted aye, and the motion carried. AB 22-247 Request to approve a St. Luke's Community Health Improvement Fund Grant application to purchase equipment for the City of McCall recreation programs Economic Development Planner Delta James presented to Council. The City of McCall Parks and Recreation Department is requesting approval to submit a grant application to the St. Luke's Community Improvement Fund to support the purchase of summer and winter recreational MCCALL CITY COUNCIL Page 6 of 10 September 22, 2022 Regular Meeting equipment, specifically mountain bikes and cross-country ski packages, to expand opportunities for economically challenged youth and adults to experience outdoor recreation. If funded, the purchased equipment would be made available through Mountain Bike Camp, Loaner Equipment Program, and through partnering organizations such as McCall Day Care, McCall -Donnelly School District, McCall Winter Sports Club, Roots Forest School, and others. The St. Luke's Community Health Fund supports projects that benefit community health and does not require that requested funds be matched. The Council was informed that they could find more information regarding this grant on the St. Luke's website. The Council had no questions or comments related to the grant application to purchase equipment for the City of McCall recreation programs Council Member Nelson moved to approve a St. Luke's Community Health Improvement Fund Grant application to purchase equipment for the City of McCall recreation programs and authorize the Mayor to sign all necessary documents. Council Member Nielsen seconded the motion. In a roll call vote Mayor Giles, Council Member Maciaszek, Council Member Nelson, Council Member Nielsen, and Council Member Thrower all voted aye, and the motion carried. AB 22-249 Request to Approve Allocation of up to $105,000 in FY22 Tourism Local Option Taxes City Manager Anette Spickard presented to Council. On September 8, 2022, Council approved the FY22 Budget Amendment that recognized additional Tourism Local Option Tax (LOT) revenue that we expect to receive above the original budget estimate. The Amendment fully funded the LOT Commission's recommended contingency projects with a remaining amount of up to $105,000 that is still available for the Council to allocate to projects that fit the LOT allowable uses. Staff recommends that Council allocate this funding to the Library Expansion Project which is an allowable use and has received LOT funding previously. By doing so the Council will reduce the amount of General Fund reserve dollars needed for the project. Staff considered the possibility of allocating the funds to the Housing Program and determined that there are still outstanding LOT funds in the program that have not been fully spent yet and there was not a need for more LOT funds in that program until those previous allocations have been expended. The Housing Program was also awarded $350,000 in FY23 LOT funding plus $100,000 in FY23 LOT contingency funds. Council Member Nielsen would like to see every dollar possible go to housing but does understand the logic behind the funding going to the Library project. Council Member Thrower moved to approve the allocation of up to $105,000 in FY22 Tourism LOT to the Library Expansion Project. Council Member Nelson seconded the motion. In a roll call vote Mayor Giles, Council Member Maciaszek, Council Member Nelson, Council Member Nielsen, and Council Member Thrower all voted aye, and the motion carried. MCCALL CITY COUNCIL Page 7 of 10 September 22, 2022 Regular Meeting AB 22-256 Request to Approve AIA Document G802 Amending the Professional Services Agreement with Ratio Architects, LLC for the Library Expansion Project Public Works Director Nathan Stewart presented to Council. On April 2019, the City executed a contract with Humphries Poli (now operating as Ratio Architects, LLC) for architectural, planning and construction administration services for the McCall Public Library Expansion Project (see attached). This original contract anticipated 36 months of services (ending on April 1, 2022), based on the 2019 construction schedule provided by CM Company (the City's CMGC contractor). This schedule did not anticipate that the initial bond election (held May 2019) would not pass delaying the project for 12 months, nor did it account for a winter construction shut down that has since been determined to be most effective to assure the project can be completed on budget (currently estimated August 2024). Accordingly, the included AIA G802 Amendment document extends Ratio Architects, LLC's Professional Services Agreement an additional 32 months (68 months total through November 2024) to coincide with CM's construction schedule. The included amendment is considered draft, pending legal review, though no substantial changes are anticipated. A final version will be presented to Council at the meeting. It is anticipated that Ratio will need compensation for their additional 32 months of services, principally construction administration that has been increased from 14 months (originally scoped) to 28 months. Proposals for these additional services are planned to be managed and approved by the City Manager (< $50K) and/or City Council (>$50K) in accordance with the City's adopted procurement policy. The Council had no questions or comments related to the professional services agreement with Ratio Architects. Council Member Nelson moved to approve AIA Document G802 amending the professional services agreement with Ratio Architects, B133; authorize the Mayor to sign all necessary documents; and authorize staff to manage proposals for additional services in accordance with the City's procurement policy. Council Member Maciaszek seconded the motion. In a roll call vote Mayor Giles, Council Member Maciaszek, Council Member Nelson, Council Member Nielsen, and Council Member Thrower all voted aye, and the motion carried. AB 22-251 Request Approval of Landscapes Unlimited, LLC Contract to Relevel Existing Tees and Build New Forward Tees On Birch 9 Golf Superintendent Eric McCormick presented to Council. One of the Golf Course Master Plan priorities is to level existing tees and build new forward tees. The plan is to work on 9 holes each fall and work through this project. The city requested formal bids per the city procurement policy and only received the one bid from Landscapes Unlimited, LLC which was deemed responsive and within the city budget. Landscapes Unlimited LLC is working in the area on other golf courses and has the expertise and equipment to do the type of work required for the project. All other landscape construction companies that were talked to are already booked into 2023. The contract was reviewed by the city attorney. The Council had no questions or comments related to the contract with Landscapes Unlimited. MCCALL CITY COUNCIL Page 8 of 10 September 22, 2022 Regular Meeting Council Member Thrower moved to approve the contract with Landscapes Unlimited, LLC in the amount of $219,900.40 and authorize the Mayor to sign all necessary documents. Council Member Nelson seconded the motion. In a roll call vote Mayor Giles, Council Member Maciaszek, Council Member Nelson, Council Member Nielsen, and Council Member Thrower all voted aye, and the motion carried. AB 22-253 Request for Approval of FP -22-01 — Big Horn Subdivision Final Plat Findings of Fact, Conclusions of Law, and Decision City Planner Brian Parker presented to Council stating that a Subdivision Final Plat application was submitted for the creation of 12 residential lots on a parcel 2.82 acres in size on the west side of a small private section of Verita Road, directly west of Broken Ridge Commons and north of West Valley Road. During its regularly scheduled July 12, 2022, meeting, the McCall Area Planning and Zoning Commission unanimously recommended the application to the McCall City Council for approval. Planner Parker noted that the application for final plat was approved by Council on July 28, 2022. The approval of the Findings of Facts formalizes that approval. The Council had no questions or comments related to Big Horn Subdivision Final Plat. Findings of Fact, Conclusions of Law, and Decision document. Council Member Nelson moved to approve the FP -22-01 — Big Horn Subdivision Findings of Fact, Conclusions of Law, and Decision and authorize the Mayor to sign all necessary documents. Council Member Maciaszek seconded the motion. In a roll call vote Mayor Giles, Council Member Maciaszek, Council Member Nelson, Council Member Nielsen, and Council Member Thrower all voted aye, and the motion carried. Upcoming Meetings Schedule Discussion Council discussed upcoming meetings. City Manager Anette Spickard reminded Council that their schedule is adjusted for the last three months of the year to the first and third Thursdays to accommodate for the holidays. She also reminded the Council of the Economic Development Summit on October 3, 2022 and the Special Joint meeting with the Valley County Commissioners on October 17th EXECUTIVE SESSION 1 At 6:52p.m. Council Member Maciaszek moved to go into Executive Session for: • Litigation 74-206 (f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. The mere presence of legal counsel at an executive session does not satisfy this requirement • Records - Pursuant to Idaho Code §74-206 (1) (d) To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code Council Member Thrower seconded the motion. In a roll call vote, Mayor Giles, Council Member Maciaszek, Council Member Nelson, Council Member Nielsen, and Council Member Thrower all voted aye, and the motion carried. MCCALL CITY COUNCIL September 22, 2022 Regular Meeting Page 9 of 10 Council discussed a possible litigation issue. RETURN TO OPEN SESSION 1 At 7:49p.m. Council Member Nielsen moved to return to Open Session. Council Member Thrower seconded the motion. In a voice vote, all members voted aye, and the motion carried. ADJOURNMENT Without further business, Mayor Giles adjourned the meeting at 7:51p.m. ATTEST: 00111111/104 * ,, f �� O Robert S. Giles, Mayor * 41' BessieJo Wa , ity C r �l�uoA n���‘O,1C MCCALL CITY COUNCIL Page 10 of 10 September 22, 2022 Regular Meeting ATTACHMENT 1 General Comment 9/22/2022 1 9/14/22 11:43:38 Pike Teinert (208) 761-0808 piketeinert@gmail.com 275 Morgan Drive 2 9/14/22 14:25:59 Erin 2083155411 erinfayetta@att.net 3 9/16/22 15:33:45 Pike Teinert (208) 761-0808 piketeinert@gmail.com 275 Morgan Drive, McCall, Idaho 83638 "My home is located at 275 Morgan Drive on the bench above Rivers Crossing Subdivision. Rivers Crossing is a small subdivision in the city of McCall, on the west bank of the Payette River directly across from the McCall RV Resort and the McCall Municipal Airport. Rivers Crossings' proximity to the McCall RV Resort and McCall Municipal Airport exposes it to noise from both of these businesses. RV Resort activities, like Resort evening entertainment and construction activities are noisy. Additionally, McCall Municipal Airport is very active and noisy especially during non - winter months and wildfire season. Noise from these two sources are clearly noticeable and distracting. They disturb the peace and quiet of the Rivers Crossing neighborhood. Dog owners in the Rivers Crossing neighborhood diligently try to keep their animals quiet in comparison to the noise from the RV Resort and the Airport. There are metrics in McCall city code that provide specific limitations regarding construction activity and operation of aircraft at the McCall airport. However, there are no specific parameters for, as the McCall city code states "permitting a dog to be outdoors and barking", allowing a very liberal and subjective interpretation of that part of the code. The code therefore offers fertile ground for any disgruntled, vindictive individual to abuse the intent of the code and use it to harass or stalk a neighbor or their dog. It is unreasonably liberal, ripe for abuse and should be rewritten to include specific limitations and wording to clarify specifically what constitutes "intentionally or negligently to disturb the peace and quiet" — "permitting a dog to be outdoors and barking". Respectfully, Pike Teinert 275 Morgan Drive McCall, Idaho 83638 MCCALL CITY COUNCIL General Comments September 22, 2022 Page 1 of 1