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
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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.
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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.
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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
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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
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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.
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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
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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
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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.
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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
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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