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HomeMy Public PortalAbout2023.09.28 Regular Meeting MinutesMINUTES McCall City Council Regular Meeting McCall City Hall -- Legion Hall VIA TEAMS Virtual September 28, 2023 Call to Order and Roll Call Pledge of Allegiance Approve the Agenda Consent Agenda Public Comment 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 5:30 p.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 Bill Punkoney City Attorney; BessieJo Wagner, City Clerk; Sarah Porter, Deputy Clerk; Erin Greaves, Communications Manager; Linda Stokes, City Treasurer; Michelle Groenevelt, Community Development Director; Meg Lojek, Library Director; Chris Curtin, Information Systems Manager; Dallas Palmer, Police Chief; Nathan Stewart, Public Works Director; Sean Reilly, Network Administrator. 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 Maciaszek 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. MCCALL CITY COUNCIL September 28, 2023 Meeting Page 1 of 6 1. Payroll Report for the period ending September 15, 2023 2. Warrant Register — GL 3. Warrant Register — Vendor 4. AB 23-196 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 report 5. AB 23-192 Treasurer's Report as Required by IC 50-208 Treasurer's report of accounts and activity of office during the month of August 2023 regarding care, management or disposition of moneys, property, or business of the City. Action: review the report 6. AB 23-194 Request to Proclaim October 2023 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. 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 to support the national proclamation of Arts and Humanities, staff requests that Council proclaim October as Arts and Humanities month in McCall. Action: Proclaim October 2023 as Arts and Humanities Month and authorize the Mayor to sign all necessary documents. 7. AB 23-195 Request to Proclaim October 8-14, 2023 as Fire Prevention Week — "Cooking safety starts with YOU." 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 Fire Prevention WeekTM (FPWTM) campaign, "Cooking safety starts with YOU". Pay attention to fire preventionTM, works to educate everyone about simple but important actions they can take to keep themselves and those around them safe when cooking. MCCALL CITY COUNCIL Page 2 of 6 September 28, 2023 Meeting Cooking fires are the leading cause of home fires and home fire injuries. Unattended cooking is the leading cause of cooking fires and deaths. In a fire, mere seconds can mean the difference between a safe escape and a tragedy. Fire safety education isn't just for school children. Teenagers, adults, and the elderly are also at risk in fires, making it important for every member of the community to take some time every October during Fire Prevention Week to make sure they understand how to stay safe in case of a fire. 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 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 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. Action: Proclaim October 8-14, 2023 as Fire Prevention Week throughout the City of McCall and authorize the Mayor to sign the proclamation. 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, Council Member Nielsen, and Council Member Thrower all voted aye, and the motion carried. PUBLIC COMMENT 1 Mayor Giles called for public comment at 5:33 p.m. Two written comments are included as attachment A. David Gallipoli, 405 Floyd St Mr. Gallipoli addressed the City Council regarding a pending decision by the Valley County Commissioners to change density zoning in the County. Mr. Gallipoli noted that this would influence development in the county but also have an effect on the cities within the county. Joey Petri, 225 Valley Springs Rd Mr. Petri addressed the City Council also regarding density and affordable housing. Mr. Petri expressed disappointment at not being included on the Housing Advisory Committee previously. Additionally, Mr. Petri asked the city and the County to allow citizens to get creative in bringing affordable housing to the area. Hearing no further comments, Mayor Giles closed the comment period at 5:39 p.m. MCCALL CITY COUNCIL Page 3 of 6 September 28, 2023 Meeting PUBLIC HEARING 1 AB 23-193 Wildlife Feeding Project — Recap and Request to Adopt an Ordinance Amending McCall City Code 5.7.010 and Enacting McCall City Code 5.7.400 — Prohibiting the Feeding or Attracting of Wildlife Council Member Nelson moved to Open the Public Hearing to consider the Ordinance prohibiting the feeding and Attracting of Wildlife. Council Member Nielsen seconded the motion. In a voice call vote, all voted aye, and the motion carried. Police Chief Dallas Palmer and Communications Manager Erin Greaves presented to the City Council. Manager Greaves reviewed how the meeting and public hearing were noticed to the public including the Star News, social media, and the City Website. On April 27, 2023, the Council directed staff to move forward with a multi -step plan regarding wildlife education and outreach surrounding the proposal of a wildlife ordinance. On May 4, 2023, the City hosted a Wildlife Conversation to collect public opinion on short-term and long-term wildlife goals, as well as a possible feeding ordinance, with the intention of utilizing the discussion to support a healthy wild deer population in and around McCall. On June 8, 2023, staff presented the Council with a summary of public opinion from the Wildlife Conversation meeting, along with other takeaways derived from survey outreach, and introduced options moving forward. On August 3, 2023, staff presented the Council with matrix data collected from other communities via the Wildlife Feeding Questionnaire, provided an opportunity for the Council to ask questions of additional wildlife professionals, and provided the Council with a draft Wildlife Feeding Ordinance for review. On September 14, 2023, staff presented an updated draft Wildlife Feeding Ordinance that had been amended by staff and legal counsel after careful review of recommendations from wildlife professionals. The City Council expressed appreciation for the work put in by staff on the research and outreach to the public involved in the process. Mayor Giles called for public comment at 5:49 p.m. Seven written comments are included as Attachment B. David Gallipoli, 405 Floyd St Mr. Gallipoli noted enjoying seeing deer in the wild, the deer are cautious and leap and run away. The town deer problem is human caused because many ignore the overwhelming science that tells us not to feed wildlife. Humans also continue to destroy wildlife habitat and corridors, with development contributing to more wildlife human encounters that always end badly for the wildlife. At previous meeting, Mr. Gallipoli commented that the fine for feeding wildlife in Yellowstone National Park was $5000. If wildlife must be killed due to human stupidity, the penalty can be $10,000 or more banned from the park and jail. Last week, the City Council of San Diego banned tourists from 2 beaches because tourists were harassing sea lions. The ordinance is a step in the right direction but trash from short term rentals still poses an issue. Mr. Gallipoli also noted disagreement with the low fine included in the ordinance and thanked the City Council and staff. MCCALL CITY COUNCIL Page 4 of 6 September 28, 2023 Meeting Joey Petri, 225 Valley Springs Rd Mr. Petri thanked the staff and Council for putting so much energy into the topic because it is an important topic. Hearing no further comments, Mayor Giles closed the comment period at 5:53 p.m. Chief Palmer addressed the City Council noting the goal of education first and enforcement second as well as maintaining a great relationship with the community. The ordinance is a step forward to make a difference. Council Member Maciaszek moved to close the Public Hearing to consider the Ordinance prohibiting the feeding and Attracting of Wildlife.. Council Member Nielsen seconded the motion. In a voice vote, all voted aye, and the motion carried. The City Council's consensus was appreciation for staff, legal counsel and the public input involved in addressing the controversial topic. Council Member Thrower response to public comment regarding trash being left out noting the Ordinance is not just in relation to intentional feeding but unintentional feeding. Council Member Nelson moved to suspend the rules and read by title only one-time only Ordinance No. 1022. Council Member Nielsen seconded the motion. In a roll call vote, Council Member Nelson, Council Member Nielsen, Mayor Giles, Council Member Maciaszek, and Council Member Thrower all voted aye, and the motion carried. City Clerk BessieJo Wagner read Ordinance No. 1022 by title only, onetime only: AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, AMENDING TITLE 5, PUBLIC SAFETY, CHAPTER 7, ANIMAL CONTROL, OF THE McCALL CITY CODE, TO - WIT: AMENDING SECTION 5.7.010, DEFINITIONS, TO ADD THE FOLLOWING DEFINITIONS: ATTRACTING/ATTRACTANT, BIRDS, EDIBLE MATERIAL, FEEDING/FEED, HABITUATED, PUBLIC EMPLOYEE, SQUIRRELS, WATERFOWL, WILD TURKEY, WILDLIFE AND AMEND THE DEFINITION FOR IMPOUNDED; ENACTING SECTION 5.7.400, FEEDING/ATTRACTING WILDLIFE PROHIBITION, TO PROHIBIT THE FEEDING OR ATTRACTING OF WILDLIFE WITHIN THE McCALL CITY LIMITS AND PROVIDING PENALTIES FOR VIOLATION; DIRECTING THE CITY CLERK; AND PROVIDING AN EFFECTIVE DATE. Council Member Nelson moved to adopt Ordinance No. 1022 Amending McCall City Code 5.7.010 and Enacting McCall City Code 5.7.400 prohibiting the feeding or attracting of wildlife within the McCall city limits, approve the summary for publication, and authorize the mayor to sign all necessary documents. Council Member Maciaszek seconded the motion. In a roll call vote, Council Member Nelson, Council Member Maciaszek, Mayor Giles, Council Member Nielsen, and Council Member Thrower all voted aye, and the motion carried. MCCALL CITY COUNCIL Page 5 of 6 September 28, 2023 Meeting BUSINESS AGENDA 1 Upcoming Meetings Schedule Discussion The Council discussed upcoming meetings. ADJOURNMENT 1 Without further business, Mavor Giles adjourned the meeting at 6:09 p.m. lur�rrr 4 F Mc i /0..49.) ATTEST: = t7 Rclbert S. Giles, Mayor a y BessieJo Wagne ! ' ity Cler MCCALL CITY COUNCIL Page 6 of 6 September 28, 2023 Meeting September 28, 2023 Regular Meeting - General Comment Name Address Email Content Murray 309 & Jan Edgewater Dalgleish Circle McCall ID 83638 Don May 3108 W Stewart Ave Boise ID 83702 janda1309@hotmail.com don.may.email@gmail.com Attachment A For 0 Against '3 Neutral 2 RE: Short term rentals in City of McCall. My husband and I have had an Airbnb short term rental in our home since 2016, so we have 7 years of service. We are long term residents of 47+ years, worked in the tourist industry, and raised a family here. We would like to give some feedback on the new requirements for STRs. Our STR is in our basement, with about 750 sq ft of space that is private and with full bath. What we now face is that our five egress windows, even though they are large enough to fit a human through, are 52" off the floor, 8" more than the required 44". We have also learned that maybe we have just missed being grandfathered to overlook this requirement. We built our home in 1979 and this was not required of homes built around 1977/78? We are on -site managers, do our own cleaning, meet all of our guests, and have a 5 -star rating. Our neighbors would barely know we have a rental save for the strange car in our carport parking for our guests. We are saddened to lose control of our income producer as we are both retired, and this was a nice bump to our earnings. It is also distressing that just outside the city limits none of this applies and their rentals go on as usual. We realize that the city is going to lose tax revenue for each and every STR that ceases to rent due to the new requirements and be assured that the idea of making more long-term housing will not be an option for many. For us we do not want a renter in our home full time, making noise and creating wear and tear. STR guests often are out doing activities all day and only sleep here and then leave the next morning. Also, we have the option of being gone for a day or a week by blocking off our calendar. We appreciate the focus on safety and fire inspection, however, we never rent unless we are in the home and available at all times. Your decision on STR regulations has these unintended consequences of 1, reducing tax revenue; 2, reducing our retire income; 3, moving the STR guests outside city limits, therefore, losing tax revenue for the city. To sum up, it seems pretty arbitrary that we have to meet guidelines that many other rentals do not, and we are faced with no options. We hope you will consider future discussion of these issues. Please do not remove the waterski roof. It is absolutely beautiful. It has become an 'instant classic' and helps identify the entire town of McCall, Idaho to tourists. Thank you, Regular McCall tourists September 28, 2023 Page 1 of 1 General Public Comments Attachment B From: Erin Greaves To: Sarah Porter Subject: FW: Voice Mail (2 minutes and 31 seconds) Date: Thursday, September 28, 2023 2:59:21 PM Attachments: pudio.mo3 From Debra Staup From: WIRELESS CALLER <+12086349881> Sent: Thursday, September 28, 2023 2:57 PM To: Erin Greaves <egreaves@mccall.id.us> Subject: Voice Mail (2 minutes and 31 seconds) 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. Hi Aaron, this is Debra Stop. I'm calling because I'm not sure if I'm going to be able to make the meeting tonight, but I had a couple things. I wanted to make sure people understood the council and stuff. Yes, I do agree with the wildlife ordinance, definitely. I would like to see first of all more education and I'd like to be a part of that. Once you get things going, I would definitely want to get out there and help on this too. I'm concerned about people who live in areas where there are HOA's, because I remember that concern was such that some of the people there said they can't put up special sensing or whatever according to their HOA. So I'd like for us to look long term and see if we can't get that, encouraged that HOA's take some ownership and make that change so people can do that. I would like to also point out that I was a little concerned about the word habitual because the deer were here before us. So the thing I have noticed with what we have done thus far, the deer in my neighborhood are not, shall we say, seeking out as much human attention. I see them becoming more wild, kind of like what the veterinarian and the guy from the Conservation League had talked about given a chance. And if we back off, they're going to reacclimate into being more wild and not as dependent. I've seen that definitely with the deer in my neighborhood that comes through, they are not necessarily looking for attention or food from me. They just use my yard as a passageway these days and I've seen them more skittish around other people. So I would very much to help continue educating and see what we can do to implement this in such a way that we do so to protect our wildlife and we can still enjoy our wildlife in town and help people to, you know, not feed them but enjoy them from afar. And when you get the signs made-up, definitely I would even be glad to help take them around wherever. So however I can be of help, I'd like to, but also the education very key. I thank you for your time and the Council's time and I am looking forward to being a part of this process as we move forward. Thank you so much. Bye. You received a voice mail from WIRELESS CALLER. Thank you for using Transcription! If you don't see a transcript above, it's because the audio quality was not clear enough to transcribe. Set (lo Voice Mail September 28, 2023 Page 1 of 5 Wildlife Ordinance Public Hearing Comments September 28, 2023 Public Hearing - Wildlife Feeding Ordinance Name Address Email Opinion Content Attachment B MIMI For 3 A airs: .,_uTral 3 1 Roger 1200 gossiroger@gmail.com For I am total agreement for city to pass ordinance to prohibit gossi Aspen feeding wildlife. This is not beneficial to either the wildlife or Ridge In town of mcall despite attraction for tourists and needs to be Mccall implemented now. I have lived in McCall for over 60 years off Id 83638 and on and have seen too many animals suffering because of malnutrition or injury from the roads. Thanks Kathaleen 1640 N. rkwinslow@gmail.com For I am for the ordinance to prohibit feeding deer in City limits. The Winslow Davis fact that they became diseased and many had to be put down #16 this year was a terrible act of cruelty. I think the deer are better McCall served foraging on their own. Idaho 83638 Rich & 1007 rc_lynd@msn.com For Mayor and City Council, Please pass a wildlife feeding ordinance! Catherine Violet We have had a weekend neighborhood deer feeder for almost 10 Lynd Way years. When they come up and feed the deer with 3 large bowls, MCCALL the deer gather and do lots of landscape damage not to mention Idaho the danger they present when they fight for the food. We have 83638 had as many as several dozen deer and as of yesterday about 15 in my yard. Please consider passing a strong ordinance to help stop the bad behavior of feeding. Thank you very much. Rich and Catherine Lynd Julie 1423 julieconrad11@yahoo.com Neutral A question for mayor Bob Giles: I heard earlier this week from a Conrad Eagle local gentleman that you gave a recent talk/presentation at Drive MOSS to the students and staff telling them: "It is now time to McCall get rid of all of the deer in McCall....they are all sickly with lice ID and Chronic Wasting Disease". That is what this gentleman who 83638 was present at your "talk" stated/paraphrased. Did he paraphrase your presentation/comments accurately? Why would you be propagandizing to MOSS about our local town deer? And if you did indeed state that our local town deer have CWD, that is entirely false. And as you must know by now, lice (whether "chewing" or "exotic") is not an issue with regard to our town deer. Jeff Abrams of the Idaho Conservation League Wildlife Program stated at a recent city council meeting that the lice issue has been foisted into the conversation regarding the town deer, and that it is not a primary argument to justify the ordinance as lice are naturally occurring in deer. He also stated that the lice issue is a distraction in the city council's education efforts. Why would you be wasting your time on spreading these mistruths when there are so many other critical issues facing McCall? Why the major push to eradicate our town deer? It brings to mind your quote in the Star News from 2021: "Some people really like seeing the cute little deer in their yard and they like seeing the fawns in the spring," McCall Mayor Bob Giles said. "But it's not sustainable, it's not natural." Not natural?? *What part* of an indigenous mammal species having their offspring in the mountains of IDAHO in a mountain town bordering a State Park for the last 100+ years is "Not Natural"? September 28, 2023 Page 2 of 5 wtldlife Ordinance Public Hearing Comments Attachment B Name Address Email Opinion Content Julie 1423 julieconrad11@yahoo.com Neutral Since the town hall meeting regarding the "town deer" on May Conrad Eagle 4th, 2023, I have seen less than a handful of deer in all of McCall. Drive I travel the East and West side of the lake to hike as well as Little McCall Payette Lake area, Ponderosa Park, Farm to Market, Tamarack, Idaho Aspen Ridge, Spring Mountain Ranch, Bear Basin, and all of the 83638 27 holes of the McCall golf course. Last week I drove around the entirety of Payette Lake, the entire perimeter of the McCall Golf Course, through Ponderosa State Park to the top of Osprey Point and back, then to Snowdon Wildlife Sanctuary and back, then to the top of Aspen Ridge in Spring Mountain Ranch and back, all in one morning. I did not see ONE single deer the entire several hour drive. I did this same drive a second time also last week and did not see ONE SINGLE DEER the entire drive. Where did the "258" deer that the local fish and game "counted" earlier this year, magically disappear to? My neighbors who are 2nd homeowners and come from Boise, Eagle, Grangeville and Nevada have ALL mentioned and remarked at the lack of deer. Not only the lack thereof, but the zero sightings all throughout town. Even the Ed Staub delivery guy queried out loud "where are all the deer"? a couple of months ago while on my street. He then stated: "I have noticed a significant lack of deer all over town on my deliveries". For the 13 years I have lived on the McCall Golf Course full time, there are always deer present. The same Doe who has given birth to her fawns in the lot next to my house or on my street every May or June has been missing entirely, as have her twins from last year. This is a first in 13 years. In fact I have seen only TWO deer on the McCall course near my house since the town hall. They are not deer I recognize as the "golf course deer". The entire nine -hole Birch course was not in play a couple of months ago due to reconstruction of several tee -boxes. It was deadly quiet. One would think that the deer that have always called this area "Home", would still be here, particularly with no golf traffic. Where did the "258+" deer that Fish and Game supposedly "counted" *Go* overnight since the town hall? I am asking the following question on behalf of myself and multiple concerned residents, citizens and 2nd homeowners: "Did the City of McCall give the local Fish and a Game or any Fish and Game, or any entity ANY directive with regards to the town deer since the town hall, or in the last several months or since the beginning of the year? Or if not, did the city know about or "allow" the local Fish and Game, or any Fish and Game, or any entity to reduce the McCall deer population by any means? To include: 1)"culling", 2) euthanizing, 3) trap and transport, 4) hazing, 5) poisoning, 6) sharpshooting, or shooting by gun or bow and arrow, 7) tranquilizing/darting, 8) sterilizing, 9) or any other means of reducing the town herd? I've yet to receive a clear answer after asking the city manager, communications manager, council and mayor in several emails within the last few months. We would appreciate a clear and honest answer. September 28, 2023 Page 3 of 5 Wildlife Ordinance Public Hearing Comments