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Home My Public Portal About2023.05.25 Regular Meeting MinutesMINUTES McCall City Council Regular Meeting McCall City Hall -- Legion Hall VIA TEAMS Virtual May 25, 2023 Call to Order and Roll Call Pledge of Allegiance Approve the Agenda Consent Agenda Public Comment Public Hearing 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 5:30 p.m. Mayor Giles, Council Member Maciaszek, Council Member Nelson, and Council Member Nielsen, all answered the roll call. Council Member Thrower was absent. City staff members present were Anette Spickard, City Manager; Bill Nichols, City Attorney; BessieJo Wagner, City Clerk; Sarah Porter, Deputy Clerk; Linda Stokes, City Treasurer; Brian Parker, City Planner; Dallas Palmer, Police Chief; Sean Reilly, Network Administrator; Emily Hart, Airport Manager. 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 Nelson seconded the motion. In a voice vote all members voted aye, and the motion carried. CONSENT AGENDA 1 Staff recommended approval of the following ACTION ITEMS. All matters which are listed within the consent section of the agenda have been distributed to each member of the McCall City Council for reading and study. The items listed are considered routine by the Council and were enacted with one motion. 1. City Council Special Minutes — April 28, 2023 MCCALL CITY COUNCIL May 25, 2023 Regular Meeting Page 1 of 6 2. City Council Special Minutes — May 4, 2023 3. City Council Regular Minutes — May 11, 2023 4. Payroll Report for the period ending May 19, 2023 5. Warrant Register — GL 6. Warrant Register — Vendor 7. AB 23-106 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 a decision. The City Clerk is also responsible for all processing of business, taxi, snow removal, pawnbroker, child daycare licenses, vendor and short-term rental permits, and public event applications. Action: Review the license report. 8. AB 23-108 Treasurer's Report as Required by IC 50-208 Treasurer's report of accounts and activity of office during the month of April 2023 regarding care, management or disposition of moneys, property, or business of the City. Action: Review the Treasurer's report. 9. AB 23-107 Request to Approve a Fireworks Display Permit by the Sabala Foundation The Sabala Foundation is submitting a request and application for a June 24, 2023 Fireworks Display for the RJS Foundation Tournament. The Fireworks Display will be free and open to the public. The Airport Manager, Fire Chief, and Police Chief have approved the display application. McCall City Code states the following as it relates to Fireworks Displays: 5-3-430: PERMITTED POSSESSION: (A) A recognized civic organization having a genuine, material existence and purpose separate from obtaining a permit under this Section, may make an application for a permit for a fireworks display ..., to be held in connection with a national holiday or special local event. The application shall be made to the City Clerk, who shall route it through the police chief and fire chief and to the mayor and council. The mayor may make or direct such an investigation as he may deem appropriate. The permit shall be issued or denied by the mayor and council, considered for these purposes to be the fire prevention bureau, based upon consideration of the nature of the occasion, the nature of the applicant, and public safety. Any permit issued under this subsection shall be limited to one time only for which issued. Action: Approve the Fireworks Display Permit for the Sabala Foundation for June 24, 2023, and authorize the Mayor to sign all necessary documents. 10. AB 23-111 Request for Approval of an Avigation Easement with Leslie Roberts, 300 Krahn Lane The Airport is taking steps to minimize incompatible land use in the Airport Impact Area. Among other steps, the Airport is requesting Avigation Easements from landowners within three miles of the airport as part of the Planning and Zoning permit approval process. In August of 2021, Council approved an Avigation Easement Template. All future Avigation Easements will be on Council's Consent Agenda making the process more efficient for MCCALL CITY COUNCIL Page 2 of 6 May 25, 2023 Regular Meeting Council and Staff. The City Attorney has reviewed this Template. Les Roberts, property owner of 300 Krahn Lane has reviewed and understands this avigation easement. Action: Approve an Avigation Easement with Leslie Roberts, 300 Krahn Lane, and authorize the Mayor to sign all necessary documents. Council Member Nelson moved to approve the Consent Agenda as submitted. Council Member Maciaszek seconded the motion. In a roll call vote, Council Member Nelson, Council Member Maciaszek, Mayor Giles, and Council Member Nielsen all voted aye, and the motion carried. PUBLIC COMMENT 1 Mayor Giles called for public comment at 5:32 p.m. J.J. Campbell 1663 Timber Cir Mr. Campbell noted a goal of opening a sober living non-profit in the community and updated the Council on the progress of obtaining that goal. Hearing no further comments, Mayor Giles closed the comment period at 5:35 p.m. PUBLIC HEARING 1 AB 23-109 Request Approval of Resolution 23-08 Adopting the City's Comprehensive Fee Schedule reflecting updated fees for Vendor Permits Council Member Nelson moved to open the public hearing to discuss the fee schedule for City permits. Council Member Nielsen seconded the motion. In a roll call vote, Council Member Nelson, Council Member Nielsen, Mayor Giles, and Council Member Maciaszek all voted aye, and the motion carried. City Clerk BessieJo Wagner presented to the City Council. This public hearing, pursuant to Section 63-1311A, Idaho Code, is intended for the City Council to hear testimony regarding the approval of Resolution 23-08 to adopt updated Vendor Fees. A public hearing notice was in the Star -News on May 11 and May 18, 2023. The recommended Vendor fees are as follows: $50 Per Day (non-event related) $50 Per Event $140 for 3-12 consecutive months in one location (Long Term fee) $50 Per Day or Event added to Long Term fee when moving locations for a day or an event. On April 27, 2023, the Council directed staff to schedule a public hearing related to these fees. Council Member Nelson clarified that the food court vendors would pay the long-term fee and any fee the food court charges the vendors. Clerk Wagner confirmed and noted that the $140 long-term fee is the same as the annual business license fee. MCCALL CITY COUNCIL Page 3 of 6 May 25, 2023 Regular Meeting Council Member Nelson moved to close the public hearing on the comprehensive permit fees. Council Member Nielsen seconded the motion. In a roll call vote, Council Member Nelson, Council Member Nielsen, Mayor Giles, and Council Member Maciaszek all voted aye, and the motion carried. Council Member Nelson moved to approve Resolution 23-08 adopting the City's updated Comprehensive Fee Schedule reflecting the updated fees for Vendor Permits and authorize the Mayor to sign all required paperwork. Council Member Nielsen seconded the motion. In a roll call vote, Council Member Nelson, Council Member Nielsen, Mayor Giles, and Council Member Maciaszek all voted aye, and the motion carried. AB 23-112 Request to Approve Subdivision Preliminary Plat (SUB -22-06) and Conditional Use Permit (CUP -22-06) — Simmons Street Townhomes for Steve Callan at 209-217 Simmons Street Council Member Nelson moved to open the public hearing on the subdivision preliminary plat and conditional use permit CUP -22-06 townhomes on Simmons Street. Council Member Maciaszek seconded the motion. In a roll call vote, Council Member Nelson, Council Member Maciaszek, Mayor Giles, and Council Member Nielsen all voted aye, and the motion carried. City Planner Brian Parker presented to the City Council. An Application for A Subdivision Preliminary Plat, Conditional Use Permit, Design Review, and Scenic Route Review to construct a 5 -unit, mixed -use townhouse project including commercial workshop space on the ground floor and residential space on the upper floor. During McCall Area Planning and Zoning Commission's regularly scheduled February 7, 2023 meeting, the commission unanimously recommended approval of the Subdivision Preliminary Plat and Conditional Use Permit to the McCall City Council and approved the associated Design Review and Scenic Route Review applications. City Staff are collaborating with the applicant to rectify some remaining issues and requested that the Public Hearing be continued to the June 8, 2023, City Council Meeting. Council Member Nielsen asked why the SUB and CUP are not ready when it was approved to go to the Council by the Planning and Zoning Commission. Planner Parker noted that staff wanted to refine the applications before heard by Council. Council Member Nielsen additionally noted that items coming before the Council from the Planning and Zoning Commission have seemed to not be as ready as they should be. Attorney Nichols noted City staff is trying to keep applications moving and must publish public hearing notices 3 weeks before the meeting. Some items do not fall into place in the expected time. Council Member Maciaszek asked where the proposed Simmons St is located. Planner Parker noted the proposed Simmons St would be around the Mission Street industrial area. Council Member Nielsen moved to continue the public hearing for SUB -22-06 and CUP -22- 06 to the June 8, 2023, City Council Meeting. Council Member Nelson seconded the motion. In a roll call vote, Council Member Nielsen, Council Member Nelson, Mayor Giles, and Council Member Maciaszek all voted aye, and the motion carried. MCCALL CITY COUNCIL Page 4 of 6 May 25, 2023 Regular Meeting BUSINESS AGENDA I AB 23-110 Request to Approve Notice of Award and Construction Agreement with Granite Excavation, Inc., to Reconstruct Taxiway E Airport Manager Emily Hart presented to the City Council. Taxiway E at McCall Municipal Airport is experiencing severe cracking, loose aggregates, oxidation, ponding, and settling due to frost heave. Bids were solicited for a full reconstruction. The Prebid Conference for Taxiway E Reconstruction took place at Hangar 100 on March 22. Knife River and Granite Excavation attended. Bids were opened at Legion Hall on March 29 and two bids were received. Knife River submitted a bid of $1,129,298.00. Granite Excavation submitted a bid of $617,582.66. The Engineer's Estimate (IFE) was $663,218.60. Staff and TO Engineering evaluated bids and recommended an award to Granite Excavation. Staff requested FAA concurrence and after a review of the bid award documents, FAA concurs with an award to Granite Excavation. The agreement has been reviewed and approved by the City Attorney. The funding for the project will be provided by the FAA under AIP 034 at a 90% reimbursement rate. The project will start on July 10 and will be completed in phases to minimize impacts to hangar owners and other airport users. Mayor Giles noted how far along the Airport taxiways have come and asked for clarification on the location of Taxiway E. Manager Hart noted Taxiway E runs north to south and is east of the diagonal Taxiway. Manager Spickard asked what the name of the new taxiway that replaces the diagonal Taxiway. Manager Hart noted that Taxiway Delta was completed last year and does replace the diagonal taxiway in part. Council Member Maciaszek moved to award AIP 034 Construction Project to Granite Excavation, Inc. and approve the contract in the amount of $617,582.66 and authorize the Mayor to sign all necessary documents. Council Member Nelson seconded the motion. In a roll call vote, Council Member Maciaszek, Council Member Nelson, Mayor Giles, and Council Member Nielsen all voted aye, and the motion carried. Upcoming Meetings Schedule Discussion The council discussed upcoming meetings. EXECUTIVE SESSION 1 At 6:02 p.m. Council Member Nielsen moved to go into Executive Session for: • Exempt Records 74-206(d) To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code; • 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. Council Member Maciaszek seconded the motion. In a roll call vote, Council Member Nielson, Council Member Maciaszek, Mayor Giles, and Council Member Nelson all voted aye, and the motion carried. MCCALL CITY COUNCIL May 25, 2023 Regular Meeting Page 5 of 6 Council discussed a possible litigation issue. RETURN TO OPEN SESSION 1 At 6:48 p.m. Council Member Nelson moved to return to Open Session. Council Member Maciaszek seconded the motion. In a voice vote, all members voted aye, and the motion carried. ADJOURNMENT 1 ithout further business, Mayor Giles adjourned the meeting at 6:50 p.m. ATTEST: ` S%% ,t.i O F ,,i T i /.a Robert S. Giles, Mayor O nustoe BessieJo Wa ' er, City C /r MCCALL CITY COUNCIL Page 6 of 6 May 25, 2023 Regular Meeting