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HomeMy Public PortalAbout2024.02.08 Regular Meeting MinutesMINUTES McCall City Council Regular Meeting McCall City Hall — Legion Hall VIA TEAMS Virtual February 8, 2024 Call to Order and Roll Call Pledge of Allegiance Approve the Agenda Consent Agenda Public Comment Public Hearing Reports Business Agenda Adjournment CALL TO ORDER AND ROLL CALL 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 Anette Spickard, City Manager; Bill Nichols, City Attorney; 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; 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; Sean Reilly, Network Administrator; Emily Hart, Airport Manager. Also, in attendance were Amy Holm, FPDP-23 -01 Applicant Representative; Julie Whitescarver, McCall Area Chamber of Commerce Director; Amy Rush, McCall Library Foundation Director of Development. Mayor Giles led the audience in the Pledge of Allegiance. Council Member Thrower 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 MCCALL CITY COUNCIL February 8, 2024 Regular Meeting Page 1 of 13 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 Regular Meeting Minutes — January 11, 2024 2. City Council Regular Meeting Minutes — January 25, 2024 3. City Council Special Meeting Minutes — January 29, 2024 4. Warrant Register — GL 5. Warrant Register — Vendor 6. Accept the Minutes of the following Committees: a. McCall Area Planning and Zoning Commission — August 1, 2023 b. McCall Area Planning and Zoning Commission — September 12, 2023 c. McCall Area Planning and Zoning Commission — October 3, 2023 d. Public Art Advisory Committee — December 7, 2023 e. McCall Historic Preservation Commission — December 11, 2023 f. Golf Advisory Committee — December 13, 2023 g. Parks and Recreation Advisory Committee — December 20, 2023 7. AB 24-031 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, pawnbroker, child daycare licenses, commercial snow removal, vendor and short-term rental permits, and public event applications. Action: review the license report. 8. AB 24-032 Request for Review and Approval of the Local Option Tax Funding Contract and Completion Report Templates for FY24 With the approval of Ordinance 965 - 3% Occupancy Local Option Tax (LOT), it was identified that the Council would review and approve the contract to be used for the entities awarded funds. During discussions the Council wanted to understand the process staff used when distributing LOT funds and the process used to ensure those funds were spent according to the contract. Staff has worked with the City Attorney to revise the contract template used historically. The revised template requires the attachment of the original application to the contract to ensure that all parties are clear of the project that was approved for funding. Staff is requesting that Council approve the contract template and authorize the Mayor to sign all the contracts for FY2024 for the approved funding. The checks for the approved funding will still come to the Council for approval through the Warrant Register process. The other option would be that the contracts would be placed on the Consent Agenda for individual approval as the funding becomes available. By approving the contract template and giving authority to the Mayor to sign all contracts for the approved LOT awards, the process of releasing the funds to the recipients will be expedited. In FY19 the Council recognized a need to revise the contract and add the following language: 1.1.2 If the Recipient dissolves or ceases operations within MCCALL CITY COUNCIL Page 2 of 13 February 8, 2024 Regular Meeting five (5) years after receiving funds that are used to purchase tangible personal property, then prior to or at dissolution or the cessation of operations, such tangible personal property shall be tendered to the City. The City is not obligated to accept such property and may use its discretion whether to receive the property or otherwise direct its distribution. Action: Approve the Local Option Tax Funding Contract and Completion Report templates and authorize the Mayor to sign all contracts for FY24 approved LOT projects when they are funded. 9. AB 24-033 Request for Assignment of Ground Lease for Greystone Village #3, Lot 5, Block 3, 1547 McCall Avenue to David A Reis The City of McCall has a lease agreement with Dana and Michelle Borgquist for a single lot located at 1547 McCall Avenue. Mr. and Mrs. Borgquist are selling this home to David A Reis. Accordingly, David A Reis will assume the land lease for Lot 5. The lease transfer fee to be paid at closing by Mr. and Mrs. Borgquist is $2,500. David A Reis is considered a "qualified buyer" and will live in the home located at 1547 McCall Avenue and Mr. Reis will work in the City limits of McCall, qualifying the buyer for rent of $1.00 per year already paid by Neighborhood Housing Services, Inc., a non-profit corporation organized and existing under the laws of Idaho, having its principal office at 1401 Shoreline Drive, Boise, Idaho 83707. Action: Authorize the transfer of the land lease for Greystone Village #3, Lot 5, Block 3, from Dana and Michelle Borgquist to David A Reis and authorize the Mayor to sign all necessary documents. 10. AB 24-034 Request to Proclaim February 16, 2024 as a Day of Rope Shannon McKnight, the Outreach Coordinator for Planet Youth reached out requesting the City to proclaim February 16th as a Day of Hope. She stated that this is a movement happening all across the nation and would love to be included in recognizing that death by suicide is a leading cause of death for our youth. Action: Proclaim February 16, 2024 as a Day of Hope and authorize the Mayor to sign the proclamation. 11. AB 24-030 Winter Carnival 2024 Event Summary and Request for Approval of the Fireworks Display The Chamber of Commerce has submitted the attached requests and applications pertaining to Winter Carnival 2024, which is to be held from Friday, February 23 through Sunday, February 25, 2024. The Chief of Police, Fire Chief, Parks and Recreation Director and Street Superintendent have received and signed off on the information for this event. Staff continue to work with the Chamber to finalize the event plan and road closures. Action: Approve the fireworks display permit for Winter Carnival 2024 and authorize the Mayor to sign all necessary documents. Council Member Nielsen moved to approve the Consent Agenda as submitted. Council Member Thrower seconded the motion. In a roll call vote, Council Member Nelson, Council Member Nielsen, Council Member Thrower, Mayor Giles, and Council Member Maciaszek all voted aye, and the motion carried. Mayor Giles called for public comment at 5:33 p.m. Mayor Giles directed that public comments are not to be applied to the Marina Expansion agenda item due to the public hearing being closed. MCCALL CITY COUNCIL February 8, 2024 Regular Meeting Page 3 of 13 Four written comments were received. Two related to the Marina Expansion that were not distributed and one for a public hearing that will be distributed at the future meeting. The fourth comment was distributed to Council and is included as Attachment 1. Thomas Gebhardt, 1405 Louisa Ave Mr. Gebhardt expressed support for the Climate Action Plan and noted that renewal energy resources should be pursued. For example, the solar energy project the Nez Perce tribe has completed. Tuck Miller, 437 Wilhem Creek Ct Mr. Miller addressed the City Council on the Climate Action Plan efforts and thanked City staff for including the Nez Perce tribe in the conversation. Mr. Miller also expressed appreciation for the captions provided during Council Meetings for those who are hard of hearing in the audience. Joey Petri, 225 Valley Springs Rd Mr. Petri echoed the previous public comments and appreciates that there are champions for the tribe and the environment. Hearing no further comments, Mayor Giles closed the comment period at 5:44 p.m. Chamber of Commerce Report McCall Area Chamber of Commerce (Chamber) Director Julie Whitescarver presented to the City Council. Director Whitescarver thanked City Manager Anette Spickard for her dedication to the community and reviewed the upcoming Winter Carnival events. Director Whitescarver expressed appreciation for City staff guiding the Chamber through parade security. Additionally, Winter Carnival is still accepting parade entries and sculptures may be less interesting because of the warmer weather. The Chamber has made changes to the rules for sculptures to make additional entries possible. Director Whitescarver also reviewed expected events to take place during Winter Carnival including Grand Bingo and live music. The Chamber has received positive feedback from the community regarding the changes to Winter Carnival due to the weather and the changes to the timeline of Winter Carnival. February business after hours will be hosted at Jug Mountain Ranch Golf Simulator downtown. Manager Spickard asked about the raffle for Winter Carnival. Director Whitescarver reviewed that the raffle item will be a Polaris Sportsman 450 ATV and how to obtain tickets. Mayor Giles expressed appreciation for the Chamber leadership and flexibility with the unusual weather. Monthly Department Reports The City Council had no questions or comments. Council Reports The City Council had no items to report. MCCALL CITY COUNCIL Page 4 of 13 February 8, 2024 Regular Meeting AB 24-035 McCall Library Foundation 2023 Report to Council McCall Library Foundation (Foundation) Director of Development Amy Rush presented to the City Council an update on the Foundation's. 2023 work fundraising for the Library as well as goals going forward. The Foundation was incorporated in 2018 as a 501(c) (3) nonprofit organization to support the enhancement efforts by the library, the Library Board of Trustees, community volunteers and the City of McCall. The mission of the Foundation states: to foster relationships that inspire philanthropic support, steward financial resources, and build partnerships that galvanize advocacy for the McCall Public Library. The Foundation's board is made up of 8 volunteers who are responsible for overseeing goals and actions: President Laura Bechdel, Eric Haff, Angela Brown, Anita Cussler, Joni Stright, Jim Pace, Nellie Bowman, and Mo Ferguson. The update summarized the work accomplished in 2023 including fundraising to assist the City with completing the library expansion project and renovation of the existing library. Library Director Meg Lojek noted the difference between the Foundation and the Friends of the Library. The highlights of the report included $2.33M raised for the Library expansion project, a review of how the funds are stewarded with CDs and money markets, a total fundraising goal of $2.5M by the end of 2024, and the donor recognition plan at the new library. Council Member Maciaszek and Mayor Giles expressed appreciation for the hard work put toward fund raising. Mayor Giles additionally expressed appreciation for the donor recognition plan. AB 24-039 Request to Uphold the McCall Area Planning & Zoning Commission Decision to Deny FPDP-23-01 for a Floodplain Development Permit at 221 Morgan Drive Council Member Thrower moved to open the Public Hearing for FPDP-23-01. Council Member Maciaszek seconded the motion. In a roll call vote, Council Member Thrower, Council Member Nielsen, Mayor Giles, Council Member Maciaszek, and Council Member Nelson all voted aye, and the motion carried. Mayor Giles asked for any disclosures from the City Council. Council Member Maciaszek disclosed having listed the property in 2016 and closing the escrow on the property. Additionally, Council Member Maciaszek also listed the property again in the same year representing the seller of the property. The purchasers of the property were the applicants for FPDF-20-01. Attorney Nichols asked if Council Member Maciaszek's knowledge of the property would cause bias regarding the appeal. Council Member Maciaszek noted extensive knowledge of the property but no basis upon which bias would be created. Attorney Nichols noted that knowledge of property in a community the size of McCall is not a reason to recuse, but it is important to get the disclosure as part of the record. City Planner Brian Parker presented to the City Council the appeal of the Administrator's decision to deny a Floodplain Development Permit Application. This application is related to the previous variance request (VAR -20-01) which was denied by the McCall City Council on February 5, 2021. The application for a Floodplain Development Permit and Conditional Letter of Map Amendment with Fill (CLOMR-F) was received by City staff on January 23, 2023 and denied by City Staff on March 31, 2023. During their regularly scheduled September 12, 2024 meeting, the McCall Area Planning & Zoning Commission (P&Z) voted to uphold the Administrator's decision to deny the MCCALL CITY COUNCIL Page 5 of 13 February 8, 2024 Regular Meeting subject application. The applicant requested to appeal the Planning & Zoning Commission's decision within 10 days of receipt of the signed Findings of Fact, Conclusions of Law, and Decision document reflecting the Commission's decision. Planner Parker reviewed the criteria for granting a FPDP including certification that all other local, state, and federal permits required prior to Floodplain Development Permit issuance have been received. Additionally, Planner Parker reviewed the sections of McCall City Code that pertain to the application including 9.8.031, 9.8.035, 3.8.02(G), 3.7.021, 3.7.022, and 3.7.02(C)(2). Planner Parker concluded that the application is to place fill within the area of special flood hazard associated with the North Fork of the Payette River, the application is also within the Shoreline and River Environs Zone and the presence of a Floodplain Development Permit application process does not abrogate the remainder of McCall City Code. Additionally, the application is to place fill within wetlands and involves excessive clearing of natural vegetation as well as the burial of boulders, sandy beaches, rocky shores and other features of the water pool shore contour or high-water mark. Planner Parker also reviewed all documents included in the record of the hearing. Council Member Maciaszek asked Attorney Nichols and Planner Parker as it relates to floodplains, has the plat been changed for Rivers Crossing that includes the 100 -year floodplain and setback lines. Planner Parker noted that the plat amendment was included in a previous application in front of the City Council in 2020 that was denied. The delineated wetlands and floodplains on the plat are still in effect. Council Member Maciaszek noted that the plat gives any owner notification of setbacks, easements, wetland, and floodplains as well as any other information that would affect the property and asked if the City Council has the authority to decide to circumvent a recorded plat. Planner Parker noted that if the City Council approved FPDF-23-01 a record of survey would need to be done to amend the plat. Attorney Nichols noted that when there is an item on the plat that limits the activity of the property owner there would need to be a modification of the plat before that activity could occur. Part of the City Staff process to issue a permit would be to determine if the proposed structure or activity is allowed on the property in question. Council Member Thrower asked if the plat amendment would be taken care of during the building permit process. Attorney Nichols noted that a building permit would highlight any conflict between the owner's plans and the recorded plat. If a conflict existed, then it would be up to the applicant to decide to either withdraw the application or proceed with an application to ni dify the plat. Council Member Nelson confirmed that the intent is to stay within the current City Code and the outcome is to minimize the impact on the North Fork of the Payette River and associated wetlands. Additionally, Council Member Nelson asked if the applicant goes through the building permit process would the applicant be required to do less mitigation. Attorney Nichols noted that the issue is whether to grant or deny the appeal based on the appellant's contention that staff is not applying the City Code correctly. The issue is not whether the City Code mitigates impacts on the river. The issue is specifically limited to the appeal, which was an administrative determination by the City Planner, upheld by the Planning and Zoning Commission, and appealed again to the City Council as to whether the City Planner's interpretation and application of the City Code was correct. Amy Holm, Attorney with Millemann, Pemberton and Holm presented to the City Council representing Dwayne and Cindy Sanders (applicant). Attorney Holm noted that the application is not proposing to build any structures. The application is only to fill wetlands which is why it is an application for a Floodplain Development Permit. Additionally, the plat for Rivers Crossing Subdivision does include building setbacks, the 100 -year floodplain, and identifies wetlands. The MCCALL CITY COUNCIL Page 6 of 13 February 8,. 2024 Regular Meeting applicant's intent is to change the map of what is considered wetlands for which the process is a federal process to raise the level of the property. The Floodplain Development Permit (FPDP) as applied for is part of the Conditional Letter of Map Amendment (COLMAR) process which is recognized under federal law. The request is that a .48 -acre portion of a 5.3 -acre property included in the 100 -year potential floodplain is filled and .15 -acres of the .48 -acres is wetland. City Planner Brian Parker denied the applicant's request for a FPDP permit. The applicant appealed Planner Parker's decision to the McCall Area Planning and Zoning Commission where the denial was upheld. The applicant is requesting that the McCall City Council reverse the decision to deny and grant the FPDP. Attorney Holm believes that the correct interpretation of the McCall City Code allows for the applicants to move forward with an approved FPDP, and she opined that the McCall City Code (MCC) has no applicability if the permit cannot be granted under the current City Code. Attorney Holm noted the previously denied variance was not appealed. The applicant would still be required to have a 50ft setback from the 100 -year flood plain, but the FPDP would allow for the flood plain map to be amended with FEMA approval. Attorney Holm stated that the applicant currently holds a 404 permit from the Army Corps of Engineers which is a nationwide permit under the Clean Water Act. The McCall City Code requires the City Planner to work with the applicant on a CLOMAR request as title 9 chapter 8 of MCC expressly has a Floodplain Development Permit process which the applicant has followed. Attorney Holm additionally reviewed the CLOMAR process and noted that the CLOMAR would bring the property into consistency with adjoining properties. The applicant would be following the environmental requirements already in place for CLOMAR. An environmental analysis has been done on the property and the wetlands that would be filled are not directly next to the Payette River. Attorney Holm noted that the McCall Area Planning and Zoning Commission found no grounds for denial under the floodplain development chapter of MCC and the application does meet the requirements of the code section that governs Floodplain Development Permits. Thereis no disagreement that title 9 chapter 8 applies to the application, but Attorney Holm does not agree that title 3 chapter 7 relating to shoreline and river environs should be applied to the application as the application does not propose to build a structure and is only regarding the FPDP. Attorney Holm specifically noted MCC 3.7.022 (B) which states that no building and no land filling shall be permitted within a floodway and no building within an area of special flood hazard as such terms are defined in title 9 chapter 8 unless the applicant complies with the standards set forth in title 9 chapter 8. Additionally, even if the Shoreline & River Environs code applies, there is no finding of harm supported in the record. Attorney Holm continued stating that if the applicants build on the property in the future the standards of MCC 3.7.23 can be met by the applicant. She also reviewed the report provided by Forsgen Associates Inc regarding the impact of wetlands, stormwater and site control run off, and proposed management plans. If the City is going to rely on harm as the cause for denial, then the City needs to do an analysis and rely on experts, but the record does not include evidence that there would be harm or impacts on the shoreline and river environs. Attorney Holm stated that the conclusion that any placement of fill in wetlands constitutes harm, regardless of whether done pursuant to a valid 404 permit, is an error as a matter of law and arbitrary and capricious. Attorney Holm asked the City Council to respectfully reverse the administrative and the McCall Area Planning and Zoning Commission's (P&Z) denial and to grant the applicant a FPDP. MCCALL CITY COUNCIL Page 7 of 13 February 8, 2024 Regular Meeting Mayor Giles asked for further clarification on the future plans for the area of the property being filled. Attorney Holm reviewed the property and noted that there is no building occurring right now and any future building would go through the correct permitting and P&Z review before commencing. Council Member Thrower,asked for clarification on when the plat amendment would take place. Ms. Holm noted that the plat amendment would come when there was an intention to build but the fill could move forward without the plat amendment. Council Member Maciaszek asked about the building permit application that was submitted as part of the FPDP process. Attorney Holm noted that the building permit is not for a structure and is for the fill only and was submitted at the request of City Staff. Council Member Maciaszek asked about going through the process without intention to build. The City Council and Attorney Holm discussed the benefits of the applicants going through the FPDP process if there was no intention to build which included additional entitlements to the property. Council Member Nielsen asked if the area would still be in the floodplain. Attorney Holm confirmed that the fill area would still be in the floodplain. The City Council additionally discussed the floodplain map and plat amendments. Planner Parker noted that the application is for a Floodplain Development Permit for a conditional letter of map revision which is a FEMA process for removing a portion of the property from the floodplain. Additionally, Planner Parker provided clarification on the different processes the applicant must follow for the CLOMAR and the 404 - permit. Attorney Holm noted that there is no other method to go about the permitting process, a CLOMAR, 404 Permit, and FPDP from the City must be obtained to move forward with the fill. There was additional discussion on how the fill would change the property. Attorney Nichols asked Attorney Holm about the contention of the applicant and if the contention is that the administrator, Planner Parker, did not have discretion to deny the permit because of the 404 permit being issued. Attorney Holm respectfully expressed that if the codes are read together the City Planner did not have discretion to deny the FPDP according to a lack of discretion in the code. Mayo Giles asked about whether they should move forward with public testimony. Attorney Nichols noted that City Code for this type of appeal from P&Z states that proceedings before the City Council shall be on the record and taking testimony from the public would violate that portion of the City Code because it would interject new facts into the process. Attorney Nichols' recommendation to the City Council is to not take public comment on the appeal. The City Council, staff and Attorney Nichols discussed the argument of Attorney Holm that the administrator, Planner Parker, did not have discretion to deny the application based on the City Code and the 404 and CLOMAR permitting processes. Additionally discussed was the submitted building permit for the fill and not for a structure and the requirement in the City Code for a building permit. Attorney Holm noted that what is in front of the City Council is an application to fill. There is no ability to put in condos or use the property for a commercial purpose. Additionally, Attorney Holm reviewed what the administrator "shall" do according to MCC and expressed disagreement that development standards apply to title 9 chapter 8. Development standards would need to be applied MCCALL CITY COUNCIL Page 8 of 13 February 8, 2024 Regular Meeting when a building permit is applied for to build a structure. The building permit that is currently in process is not for a structure and was submitted at the request of City Staff. Council Member Thrower asked for clarification on what Attorney Holm is stating that Planner Parker needs to fulfill under the FPDP code. Attorney Holm reviewed the initial form submitted to Planner Parker for the letter of map amendment. Additionally, discussed was the originally submitted letter of map amendment and the processes that followed submission of the request for Planner Parker to sign the letter of map amendment. Attorney Nichols asked for . clarification from Attorney Holm regarding argument about the requirement for the administrator advising the property owner of the option to apply for a letter of map amendment and maintain a copy of the letter of map amendment issued by FEMA in the Floodplain Development Permit file. Attorney Holm noted that Planner Parker refused to sign the letter of map amendment and the letter could not be sent to FEMA and a copy of the letter back from FEMA could not be saved in the FPDP file. Mayor Giles asked if Planner Parker had signed the letter to FEMA, would FEMA then interpret the signature to indicate an approval from the City to fill the property in question. Additionally, if the fill was not put in place, then there would not be a logical argument for a map amendment. Attorney Holm noted that the applicant would not be able to request a map amendment without first filling the area requesting to be amended. The 404 permits have been obtained to do the fill. Council Member Maciaszek brought up concern regarding the MCC section that prohibits harm to wetlands within the Shoreline River Environs overlay zone and the fact that filling in a wetland is harmful to a wetland. The City Council additionally discussed the area of the property the applicant is requesting to fill and concerns regarding filling in a wetland. Attorney Nichols reminded the City Council that the issue in front of the City Council is whether or not the P&Z was justified in upholding the denial decision of Planner Parker. Essentially Planner Parker's interpretation of the City Code was correct. Attorney Nichols also suggested that the City Council ask for supplemental briefs from both the City Attorney's office and Attorney Holm's office for a better understanding of the issue. Attorney Holm's agreed with Attorney Nichols. Community and Economic Development Director Michelle Groenevelt emphasized the City's ability to enact more restrictive requirements within the shoreline environ zone even if the federal agencies have issued permits. There are times that there is conflict within the City Code and there is code that states when the code is contradicting, the more restrictive code is applied. Additionally discussed was a timeline for both City Attorney and applicant Attorney to exchange briefs. Council Member Nielsen moved to continue the Public Hearing to April 4, 2024 with the understanding that legal counsel will submit briefs by February 29, 2024. Council Member Nelson seconded the motion. In a roll call vote, Council Member Nielsen, Council Member Nelson, Mayor Giles, Council Member Maciaszek, and Council Member Thrower all voted aye, and the motion carried. Council took a break at 7:50 pm and returned at 8:00 pm BUSINESS: AGENDA MCCALL CITY COUNCIL February 8, 2024 Regular Meeting Page 9 of 13 AB 24-038 Request to Approve CUP -23-07 — Conditional Use Permit for 1300 East Lake Street — Expansion of Mile High Marina City Planner Brian Parker presented to the City Council an application for a Conditional Use Permit to expand the Mile High Marina and replace the existing log breakwater with wave attenuator infrastructure and include publicly accessible dock area with approximately 90 additional boat slips. During their regularly scheduled November 7, 2023 meeting, the McCall Area Planning & Zoning Commission unanimously voted to recommend approval of the subject application with the conditions of approval identified in the Findings of Fact, Conclusions of Law and Decision document. During the regularly scheduled January 11, 2024 meeting, the McCall City Council conducted a properly noticed public hearing, closed the public hearing, and continued the deliberations on the subject application to the February 8, 2024 meeting. Council Member Thrower asked about the comments received after the close of the public hearing and asked for the City Council's opinion on reopening the public hearing. Attorney Nichols noted that if the City Council feels there are questions that the City Council would like answered then the public hearing would need to be reopened. That would require a postponement to a date certain because the hearing would have to be noticed again and the soonest the meeting could be held would be the first meeting in March. Council Member Maciaszek does not feel a need to open the hearing for additional comments alone. Attorney Nichols noted that if the City Council is not prepared to go forward with deliberations because there is a need for additional information aside from what is in the record then the City Council can state what additional information is needed to decide and follow procedure to re -open the public hearing. It is not a good process to re -open the public hearing for a broad range of information and is more productive to re -open the public hearing for specific information. Council Member Thrower asked if public comments would be part of the re -opened hearing. Attorney Nichols stated yes, at the discretion of the City Council. Council Member Thrower expressed additional questions regarding the impact to the lake. Specifically, the survey information provided by the applicant seemed incomplete, water quality not just in relation to drinking water but to the quality for the swim beach area near the Marina and how the Marina expansion may expand lake use. The issue is part of the larger environmental impact. Additionally, Council Member Thrower would like to hear more from the public. Council Member Nielsen noted having questions regarding evidence to show the impact of more boats on the lake. Attorney Nichols noted that it is helpful to articulate the exact questions so there can be a meaningful answer. The City Council discussed what questions the City Council would like answered by the City Staff and the applicant and the timing of continuing the public hearing. Questions and additional information the City Council would like from staff and the applicant: 1. Quantify the impact on the water quality of the lake regarding drinking water and swimming areas of the lake. 2. Additional survey information for what types of boats will be used and what percentage of boats would be wake -boats. 3. The applicants' evidence that the addition of boats in the expansion will not have a negative impact on the lake. MCCALL CITY COUNCIL Page 10 of 13 February 8, 2024 Regular Meeting 4. What is the environmental carrying capacity of the lake? 5. The impact of wake -boats on the social carrying capacity of the lake Council Member Thrower moved to reopen the public hearing for the request to approve CUP -23-07 Conditional use permit for 1300 E Lake St expansion of Mile High Marina and continue the public hearing to the April 4, 2024 Special meeting. Council Member Nielsen seconded the motion. In a roll call vote Council Member Thrower, Council Member Nielsen, Mayor Giles, Council Member Maciaszek, and Council Member Nelson all voted aye, and the motion carried. Council Member Thrower moved to have questions raised by the City Council at the meeting addressed and have additional questions submitted to the City Clerk no later than February 14, 2024 by 5pm. Council Member Nielsen seconded the motion. In a roll call vote Council Member Thrower, Council Member Nielsen, Mayor Giles, Council Member Maciaszek, and Council Member Nelson all voted aye, and the motion carried. Council Member Maciaszek moved to limit the responses to the applicant and City staff. Council Member Nielsen seconded the motion. In a roll call vote Council Member Maciaszek, Council Member Nielsen, Mayor Giles, Council Member Nelson, and Council Member Thrower all voted aye, and the motion carried. AB 24-040 Request to approve a Lease Agreement for the Tesla EV Supercharger (Level 3) Project at 1st Street Parking Lot Community and Economic Development Director Michelle Groenevelt presented to the City Council stating that City staff have been working with Tesla regarding the opportunity to place Tesla Level 3 chargers in a City of McCall parking lot. Several public parking locations have been evaluated, and it was determined that the 1st Parking Lot was the preferred location for the four chargers (8 parking spaces). The staff was directed to negotiate a lease agreement to bring back to the City Council. The agreement has been vetted by both City attorney and Tesla. Council had no questions or concerns regarding the Lease Agreement for the Tesla EV Supercharger (Level 3) Project at 1st Street Parking Lot. Council Member Maciaszek moved to approve the lease agreement between the City of McCall and Tesla for the charging station in the 1st Street parking lot and authorize the Mayor to sign all necessary documents. Council Member Nielsen seconded the motion. In a roll call vote Council Member Maciaszek, Council Member Nielsen, Mayor Giles, Council Member Nelson, and Council Member Thrower all voted aye, and the motion carried. AB 24-036 Request to appoint Matt Stebbins to the McCall Public Art Advisory Committee Economic Development Planner Delta James presented to the City Council stating that the mission of the McCall Public Art Advisory Committee (PAAC) is to make recommendations to City Council regarding public art projects and policies within the City of McCall. The Public Art Advisory Committee was formed in 2012 (Resolution 12-13), consisting of five members appointed by the City Council. In 2019, the City Council expanded the committee size from five (5) to seven (7) members. Members are appointed to three-year terms and are allowed to serve two consecutive terms. In 2023, the City Council unanimously approved the appointment of Matt Stebbins to the Public Art Advisory Committee to complete the remaining six months of a vacated MCCALL CITY COUNCIL Page 11 of 13 February 8, 2024 Regular Meeting term, expiring January 2024. Matt would now like to serve his first full three-year term on the committee. At its January 29, 2024, regularly scheduled meeting, the Public Art Advisory Committee unanimously recommended that the City Council appoint Matt Stebbins to the Committee for a full three-year term, expiring February, 2027. Council had no questions or concerns regarding the request to appoint Matt Stebbins to the McCall Public Art Advisory Committee Council Member Thrower moved to appoint Matt Stebbins to the McCall Public Art Advisory Committee for a three-year term expiring February 2027. Council Member Nielsen seconded the motion. In a roll call vote Council Member Thrower, Council Member Nielsen, Mayor Giles, Council Member Maciaszek, and Council Member Nelson all voted aye, and the motion carried. 9:16 p.m. AB 24-041 City Manager Recruitment Strategy and direction to staff Human Resources Manager Traci Malvich presented to the City Council to discuss any preferences the Council may have when working with the recruiter to hire a City Manager. Included in the discussion were questions preference to in -person or virtual meetings to provide their desired candidate with information. Additionally discussed were questions posed by the recruiter regarding the level of involvement of the current City Manager. Manager Malvich will be the point person, the City Council Members will meet individually with the recruiter to discuss goals, and the recruiter will also meet with Department Heads. The City Council expressed a desire to have the recruiter meet with City Manager Spickard as well and had no preference for in person or virtual meetings. Additionally discussed was a process for the City Council to meet with department heads regarding the recruitment process without violating the open meeting law. Both Staff and the City Council expressed a preference to hire from outside of current staff for the temporary City Manager because of the workload already placed on current staff. Member Nelson asked why the City of McCall has a Manager/Council form of government. City Clerk BessieJo Wagner noted that the form of government was decided by voters during an election and gave additional historical information on the change from Mayor/Council to Manager/Council form of government. AB 24-037 Set Council Strategic Priorities for 2024 City Manager Anette Spickard presented to the City Council stating that at the Council Retreat on January 26, 2024, the Council discussed the following list of strategic priorities for Council focus in 2024. The purpose of this discussion is to review the list, make any additions or deletions, and finalize the priorities. These priorities will help guide staff workplans for 2024. • Continue implementation of adopted plans o Local Housing Action Plan strategies, PROS Plan, Water Master Plan, Golf Course, etc. • Evaluate and implement growth management tools o Consider impact fees for new development, understand how approved projects impact water quality • Environmental management/climate resiliency actions o Climate Action Plan efforts, work with County to implement Waterways Management Plan, schedule water quality work session "State of Payette Lake" • Continue proactive community engagement efforts to ensure public participation on issues • Utilize intergovernmental partnerships to address community issues of concern MCCALL CITY COUNCIL Page 12 of 13 February 8, 2024 Regular Meeting o Continue work with JWAG to address sewer connection availability o Continue work with County to address Area of Impact planning/code issues • Build business community partnerships to address community issues of concern • Consider revision to Tourism LOT budget and grant award process • Demonstrate support of staff to ensure retention and recognition • Continue legislative advocacy through the Resort Cities' Coalition • Appoint an interim City Manager and hire a new City Manager Council Member Maciaszek moved to affirm the Council 2024 Priorities. Council Member Thrower seconded the motion. In a voice vote, all voted aye, and the motion carried. AB 24-008 Assignment of Council Liaison Duties 2024 In January of each year after a general election, the Council chooses, from its membership, liaisons to serve on various community boards. As the liaison the Council Member attends each Board's meeting, some are monthly, and some are quarterly. The Council Member will then report to the whole Council, at their first Regular Meeting of each month, a brief accounting of what has transpired to the various community organizations. All Council Members were satisfied with the current liaison duties. Council Member Nelson expressed an interest in reviewing community health information during the City Council report section of the first regular meeting of the month. Upcoming Meetings Schedule Discussion The council discussed upcoming meetings. ADJOURNMENT Without further business, Mayor Giles adjourned the meeting at 10:02 p.m. ATTEST: BessieJo Wa: er, City C „„„,„,„,„ me, ........ s. •,�_ ›Ei J- iminsitttt Robert S. Giles, Mayor MCCALL CITY COUNCIL February 8, 2024 Regular Meeting Page 13 of 13 ATTACHMENT 1 Estell Davis 306 Gabi Lane McCall NJ 36380 estelldavis@comcast.net Dear City Officials: We bought a house in McCall to help with baby sitting our grandchild in the summer. Both of his parents live and work in McCall. After several years the property became a drain on our retirement funds so we began to rent it. The recent increases in both the rental permit and fire safety inspection seems to be much higher than other communities. Most communities offer free fire inspection. We have a management service, a trash removal service, and a snow removal service that keep the property in good shape. I know that some of these increases were brought about by a few bad actors. Please consider a reduction in the permit and fire inspection which total 495.00 annually. MCCALL CITY COUNCIL GENERAL COMMENTS February 8, 2024 Regular Meeting Page 1 of 1