HomeMy Public PortalAbout2013.03.14 Regular MinutesMINUTES
McCall City Council
Regular Meeting
Legion Hall (McCall City Hall - Lower Level)
March 14, 2013
Agenda
Call to Order and Roll Call
Approve the Agenda
Work Session
Pledge of Allegiance
Public Comment
Proclamation
Business Agenda
Consent Agenda
Adjournment
CALL TO ORDER AND ROLL CALL
Mayor Bailey called the regular meeting of the McCall City Council to order at 5:35 p.m.
Council Member Aymon, Mayor Bailey, Council Member Swanson, and Council Member
Witte all answered roll call. Council Member Scott was absent
City staff present was Gene Drabinski, City Manager; Bill Nichols, City Attorney; Michelle
Groenevelt, Community Development Director; Dennis Coyle, Parks and Recreation Director;
Peter Borner, Public Works Director; Anne Kantola, Library Director; Carol Coyle, Grant
Coordinator; and BessieJo Wagner, City Clerk.
APPROVE THE AGENDA '
Mayor Bailey with the consent of the Council approved the agenda as submitted.
REPORTS
Council Member Scott arrived at 5:37pm.
Dennis Coyle, Parks and Recreation Director, and Gene Drabinski, City Manager, informed
Council that the Airport Manager contingent offer was accepted by Nathan Coyle.
Council Member Swanson expressed his appreciation of the web access of the GIS.
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Michelle Groenevelt updated the Council on the Chamber of Commerce retreat. She reported
that they discussed their mission to promote the McCall mountain region with a focus on events.
Chamber of Commerce will be submitting an application for funding for fireworks from the LOT
Commission. She noted that membership has grown but the percentage of business members of
the Chamber is low.
Mayor Bailey expressed his appreciation of the MIT intern and her work on the transit facility.
Mayor Bailey requested information from Peter Borner, Public Works Director, about the design
review for May Hardware. Mr. Borner informed Council that May Hardware is looking to
expand.
Council Member Scott questioned if the highway speed limit was final. Peter Borner confirmed
it was final.
Council Member Aymon asked Mr. Borner why Horrocks Engineering was going to do an
additional street survey. Mr. Borner gave a brief explanation for the need of the additional
survey. He stated pavement assessment is an ongoing process and an asset management program
was a requirement for many grants.
Mayor Bailey expressed concern regarding a vehicle that was in the right of way on the state
highway and the lack of code to regulate the issue. Mayor Bailey requested that Public Works
Director and Police Department work on a code amendment to address the issue. Mayor Bailey
suggested contacting the owner to request removal of the vehicle.
Council Member Aymon commented that there had been several complements regarding the
quality of snow removal.
Gene Drabinski stated that the community meeting purposes were to align the community with
the idea of additional revenue for the City. Mr. Drabinski also briefed Council of the meeting he
had with the Payette Lakes Sewer District board. He requested a way to the leaders of the two
entities without the history associated with the litigation issues of the past. Gene Drabinski
asked that Council suggest 2 board members and offer representation from council to meet with
the Association of Idaho Cities about options to join two sewer districts.
There was a brief discussion on the LOT funds.
There was a brief discussion about the winter storage pond level.
The Council received copies of the following:
COMMITTEE MINUTES
1. Environmental Advisory Committee — December 18, 2012
2. McCall Library Board of Trustees — January 10, 2013
3. McCall Improvement Committee — January 29, 2013
4. McCall Redevelopment Agency — December 18, 2012
5. McCall Tree Advisory Committee — December 6, 2012
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6. McCall Tree Advisory Committee — January 3, 2013
Mayor Bailey led the audience in the Pledge of Allegiance at 6:07 p.m.
PUBLIC COMMENT
Mayor Bailey called for public comment at 6:09 p.m.
Hearing no comments, Mayor Bailey closed the public comment period.
PROCLAMATIONS'
AB 13-49 Fair Housing Month Proclamation-2013
BessieJo Wagner, City Clerk, presented The Idaho Department of Commerce Fair Housing
Proclamation. Mrs. Wagner stated the purpose was to raise awareness of the public's entitlement
to Fair Housing. She stated that Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as
amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other
housing -related transactions, based on race, color, national origin, religion, sex, familial status
(including children under the age of 18 living with parents or legal custodians, pregnant women,
and people securing custody of children under the age of 18), and handicap (disability).
Council Member Scott moved to proclaim April 2013 as Fair Housing Month in the City of
McCall, and authorize the Mayor to sign the proclamation. Council Member Swanson
seconded the motion. In a roll call vote Council Member Scott, Council Member Swanson,
Council Member Aymon, Mayor Bailey, and Council Member Witte all voted aye and the
motion passed.
AB 13-51 Solid Waste Management Contract and Code Amendment Work Session
Michelle Groenevelt, Community Development Director, presented the Solid Waste
Management Contract and Code Amendment to Council. Ms. Groenevelt reviewed the
discussion from the February 14, 2013, City Council meeting and addressed questions presented
by Council. She noted that staff recognized that much of what was in the recommended code
amendment could be addressed in a contract with the Waste Management Provider. She also
noted that there was consensus that the two could run concurrently. She reported that staff met
with Everette Arter of Lake Shore Disposal to start the negotiation process and get clarification
of services and service suspension.
Council Member Witte asked how many people do not subscribe for trash. Mr. Arter reported
they serve approximately half the residences of McCall. Council Member Swanson wanted to
know if the on call service needed a bear proof container. Ms. Groenevelt said they would be
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required to have one. BessieJo Wagner, City Clerk, clarified what services would be required by
customer.
Council Member Scott asked for pricing clarification on the mandatory service proposal. Ms.
Groenevelt explained the price listed was the cart rental and pick-up fee combined.
Council Member Witte wanted to know if the draft proposal was for mandatory service. Ms.
Groenevelt stressed the proposal was in draft form. She requested Council decide if they wanted
mandatory service or subscription service. She also asked if Council wanted curbside recycling
service, which would require a mandatory service to be cost effective.
Council Member Witte asked what service options Lake Shore Disposal customers had currently.
Mr. Arter explained the service now is strictly a weekly service throughout Valley County. He
also noted they do offer service suspension. Council Member Witte also asked who provided the
dumpsters for commercial locations. Mr. Arter explained that Lake Shore provides the dumpster
and added the dumpsters would be bearproof.
Council requested that Mr. Arter provide a sample of each cart size for the public to try at an
open house. Council discussed the various sizes of carts and who manufactured each cart.
Council Member Aymon asked if there was a price change from a 65 gallon container to a 96
gallon container. Mr. Arter stated there was a $3.60 difference. Council Member Aymon asked
if Lake Shore's vehicles were able to accommodate the different sizes of carts. Mr. Arter
explained the vehicles could accommodate the sizes.
Council expressed concern with the ease of opening the bear proof carts for those who may lack
strength. Mrs. Wagner included that Lake Shore offers extra assistance to those who may need
it. Mayor Bailey suggested sketching a tool that could make opening the cart easier. Mr. Arter
noted that the current cart had a tendency to freeze in the winter, but there was a method to
prevent the lid from locking. He informed Council that as soon as the new carts with the new
style lids arrived, Lake Shore would devise a method to lock the lids in an open position to
prevent the lids from locking and freezing shut.
Council Member Aymon requested contract clarification with the definition of `excluded waste'
that pertained to animal waste. Council Member Aymon questioned if that included dog waste
picked up in a park or yard and cat litter. Mr. Arter stated Lake Shore did not exclude those
forms of animal waste. Mayor Bailey suggested rewording to use the term farm animal instead
of animal waste. Bill Nichols, City Attorney, suggested creating an exception that included pet
waste.
Council Member Aymon requested clarification of the word `alteration' under the definition of
construction. Council clarified it would apply to a building alteration not garment alteration.
Mayor Bailey suggested the agreement needed further work to clarify some paragraphs and
definitions. He stated the agreement did capture the discussion from the previous meeting that
concerned the word exclusive. He also noted some contradictions within the contract. Mayor
Bailey requested clearer definitions within the contract, and used Ketchum's code as an example.
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He suggested omitting the term `solid waste' and use the words rubbish and garbage. Mr. Arter
stated the standard term was `municipal solid waste' unless it was trash from a construction
project which was called `construction debris'. Mayor Bailey stated that it did not matter what
the words were as long as everyone agreed what the words meant.
There was a lengthy discussion to specify construction debris and who would be allowed to haul
the construction debris. Mr. Arter expressed Lake Shore's request to have an exclusive contract
that would not allow a third party to haul construction debris. He noted that currently
homeowners and contractors were the two parties allowed to haul construction debris. Mayor
Bailey noted that because Lake Shore does not currently recycle all construction materials, there
could be a chance that someone could do that in the future in case building was to pick up again.
Council Member Witte agreed that if there were to be several potential businesses the Council
should allow that within the code. Ms. Groenevelt told Council that there were provisions in
place to allow options for contractors. She also stated that if the City did not contract recycling
with Lake Shore, the City would be allowed to contract with another business that offered
construction recycling.
There was a discussion about current businesses that provide the removal of yard waste. Mayor
Bailey stated he wanted to ensure these local businesses were protected. Mr. Nichols clarified
the difference between yard waste and construction debris and solid waste. Mayor Bailey
requested the exclusive agreement did not exclude or endanger those businesses. Mr. Nichols
acknowledged Mayor Bailey's viewpoint and asked for other council members input on
agreements. Mayor Bailey stated he did not want agreement to endanger businesses of anyone
else in the city unnecessarily.
Mr. Nichols said the definitions needed to be added to the agreement. He stated Council needed
to decide who would be allowed to haul construction debris. Council discussed the differences
between a contractor and a subcontractor and who would be allowed to remove the construction
debris. Council Member Aymon asked Council Member Swanson how many contractors hired a
third party to take their waste away. Council Member Swanson stated he did not know of any
construction debris removal business and noted the definition of `third party' was loose. Council
Member Witte stated that if someone wanted to create that type of business and had a reasonable
use for the material, the City should allow that opportunity. Mayor Bailey stated that while there
was not any current business doing that, there could be one if the area were to go through another
big building boom. Mr. Nichols emphasized the importance of exclusivity with Lake Shore in
regards to construction debris removal and the company's responsibility. Council Member
Aymon asked if Council could make a provision in the contract that would allow a construction
debris recycling business, if one came to town. Mr. Nichols stated that would not be possible
under an exclusive agreement with Lake Shore. Council Member Swanson stated his opinion
was that the current proposed contract was sufficient. He stated it was not necessary to write the
code for something that does not exist now or may not exist in the future. Mayor Bailey stated
he agreed with Council Member Swanson and also with Council Member Witte. Gene Drabinski
stated that if there was already a market in McCall for recycling construction materials, the
current vendor would have taken advantage of it.
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There was a brief discussion clarifying definitions, proposed hours and the state holiday
schedule.
Ms. Groenevelt asked Council for other clarifications or corrections. Mayor Bailey stated he
would provide corrections.
Gene Drabinski informed Council that he spoke with Valley County Commissioners and would
like to include in the contract to provide bear proof containers and pick up in the impact area at
the city's rate.
Ms. Groenevelt informed Council she would clarify exhibit A to include a detailed full rate
schedule and a comprehensive list of services. There was a brief discussion about the contract
term and renewal term.
Ms. Groenevelt asked Council's input on two policy questions. The first was whether Council
wanted mandatory or subscription service in the final contract. The second was if the Council
wanted to adopt mandatory curbside recycling now or in the future.
Council Member Aymon stated she supported mandatory pickup and bear proof and recycling
could be addressed in the future.
There was a consensus from Council to put recycling off to a future date.
Council Member Scott stated she did not want to mandate trash pickup.
There was a significant discussion regarding mandatory service.
Mayor Bailey stated the only way to solve the bear problem was to mandate trash pickup.
Council Member Swanson noted it was challenging to mandate the public, but to ignore
problems such as illegal dumping and the bear issues was not the right thing to do. He expressed
concern with mandatory service, but stated it was the best path forward.
Council Member Witte asked that the 6 month service suspension option be clear in the contract.
Mr. Nichols stated it would be referenced in Exhibit A.
Council Member Swanson expressed concern with the 10 year term of the contract. He stated it
was a long time for a mandatory service without being convinced it would remedy the bear
problem. Ms. Groenevelt stated that the bears will continue to be a problem because it is a
learned behavior. It will take several years for the bears to find other food sources.
Mayor Bailey suggested Council email any changes to BessieJo Wagner and Bill Nichols so they
are able to clean up the contract and the code amendment. He directed staff to work with the
City Attorney to put the recommended waste management code amendment into an ordinance
for adoption at the next Council Meeting.
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Mr. Arter requested Council's timeline on penalties for late payment. Mr. Drabinski suggested
following the same time frame as the water and sewer service which was two months.
AB 13-47 Hangar 525 Lease Assignment
Dennis Coyle, Interim Airport Manager, presented the Hangar 525 Lease Assignment to Council.
Mr. Coyle gave Council the current ownership status of Hangar 525. The owner of Hangar 525
had a closing scheduled on April 1, 2013, and the seller requested that the City assign the lease to
the purchaser. The purchaser, Michael Schaffer, was provided a copy of the lease, current
Airport Rules and Regulations, and Airport Minimum Standards. The lease was entered into 28
February 2007 for a period of 20 years and was renewable for up to four (4) additional five (5)
year terms. The assignment the annual lease fee would go from $390.50 to approximately
$545.83. The City requested a $200 transaction fee. The lease terms would remain unchanged as
this was not a new lease. The lease payment was current for FY13. Airport Advisory Committee
recommended the approval of the assignment of the lease.
Council Member Witte moved to approve the lease assignment of Hangar 525 from Jensen
to Schaffer and authorize the Mayor to sign all necessary documents. Council Member
Aymon seconded the motion. In a roll call vote Council Member Witte, Council Member
Aymon, Mayor Bailey, Council Member Scott, Council Member Swanson voted aye and
the motion passed.
AB 13-46 Resolution No. 13-10 adopting a State/Local Agreement with Idaho
Transportation Department (Key No. 13517): Rotary Park Rehabilitation
Carol Coyle, Grant Coordinator, presented Resolution No. 13-10 to adopt a State/Local
Agreement with Idaho Transportation Department (ITD) (Key No. 13517): Rotary Park
Rehabilitation to Council. The City of McCall was awarded $57,750 of federal funding from the
National Scenic Byways grant program to rehabilitate Rotary Park. She told Council that last
summer Parks and Recreation and the City engineer looked at the cost estimate to put in new
lighting. Parks and Recreation determined a better use of the money would be to improve the
retaining wall, ADA walkways, storm water management, landscaping, irrigation, and parking
lot patching. Mrs. Coyle stated ITD approved the revision. The State/Local agreement would
require a resolution to be passed, as well as a $2000 fee to be paid to ITD for administration of
the project.
Council Member Swanson moved to adopt Resolution No. 13-10 authorizing the Mayor to
enter into, on behalf of McCall, a State/Local Agreement with Idaho Transportation
Department for Key No. 13517 - Rotary Park Rehabilitation. Council Member Aymon
seconded the motion. In a roll call vote Council Member Swanson, Council Member
Aymon, Mayor Bailey, Council Member Scott, Council Member Witte all voted aye and the
motion passed.
AB 13-50 2013 Co -Operative Chip Seal Agreement with Valley County, Idaho
Peter Borner, Public Works Director, presented the 2013 Co -Operative Chip Seal Agreement
with Valley County, Idaho to Council. Mr. Borner gave a brief history of the cooperation
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between Valley County and the City of McCall with shared usage of the chip sealing equipment
and operations. As a result, Sampson Trail from Deinhard Lane to the southern City limits were
chip sealed.
City Council approved $158,797 for chip sealing City Streets for the summer of 2013. Mr.
Borner stated that Valley County offered the City of McCall the use of their chip sealing
equipment and personnel to aid the City to obtain a more cost effective and timely chip sealing
program. The offer included training on their equipment. The co-operative agreement would
allow the City the flexibility it needed to chip seal City streets during the appropriate time and it
would provide significant savings over a contractor being hired.
The City streets identified for chip sealing this summer would be Deinhard Lane, Boydstun
Street, Warren Wagon Road and a portion of Spring Mountain Boulevard.
There was a brief discussion on how many miles would be chip sealed. Mr. Borner stated
approximately 2 miles of road would be chip sealed.
Council Member Witte moved to approve the 2013 Co -Operative Chip Seal Agreement
with Valley County, Idaho and authorize the Mayor the sign all necessary documents.
Council Member Swanson seconded the motion. In a roll call vote Council Member
Aymon, Mayor Bailey, Council Member Scott, all voted aye and the motion passed.
AB 13-45 Annual Reports to Council — Clerk and Local Option Tax
BessieJo Wagner, City Clerk, presented the Annual Reports for Clerk and Local Option Tax to
Council. Mrs. Wagner updated Council on the roles, responsibilities, and accomplishments of the
Clerk's office. She also briefed Council on current expenditures and how the department was
funded.
Mrs. Wagner also briefed Council on the Local Option Tax accomplishments. Council discussed
what the Local Option Tax was allowed to fund and the responsibilities the Clerk's office had in
administering the Local Option Tax.
AB 13-48 Discussion re: Dispatch Fees work group with Valley County Commissioners and
McCall City Council
Gene Drabinski, City Manager, presented the Dispatch Fees work group with Valley County
Commissioners and McCall City Council for discussion. He stated Commissioner Willy
requested McCall kick the meeting off. Mr. Drabinski requested a council member volunteer or
be nominated. Council Member Witte volunteered to participate in the work group.
AB 13-52 Design and Plan an Effective, Responsive Council/Manager Government
Seminar Follow-up
At the February 28, 2013 City Council Meeting the Council discussed that the City of McCall is
currently without a comprehensive collection of governance principles, policies, procedures, and
standards of conduct for the Council / Manager form of governance.
The Council appointed Nic Swanson and Jackie Aymon to review and interview Stan McNutt.
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Council Member Aymon updated the Council on her conversation with Mr. McNutt. She said
once Mr. McNutt completed his interviews, he would research and compile a document that
would help the Council Members be better city leaders. He would also provide something in
writing in the form of policies and procedures. Once those are completed, he would return to
McCall to hold a seminar. Council Member Aymon mentioned the process could take 2 to 4
weeks. Council Member Aymon mentioned Mr. McNutt completed a document for Bainbridge
Island that would be similar to the document to be prepared for McCall. Council Member
Swanson discussed Bainbridge Island's document and highlighted elements that could help
McCall's City Council. Mayor Bailey suggested meeting with Mr. McNutt on March 29, 2013.
Council agreed on that date.
CONSENT AGENDA
Staff recommended approval of the following items:
1. Warrant Registers
2. Payroll Report for Period ending March 1, 2013
A brief discussion took place regarding the Warrant Register.
Council Member Witte moved to approve the Consent Agenda. Council Member Scott
seconded the motion. In a Voice vote all voted aye and the motion passed.
ADJOURNMENT
Without further business, the Mayor adjourned the meeting at 8:18 p.m.
Donald C. Bailey, Mayor
ATTEST:
BessieJo Wagner, City Clerk
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