HomeMy Public PortalAbout2013.11.21 Regular MinutesMINUTES
McCall City Council
Regular Meeting
High School Annex
401 North Mission Street
November 21, 2013
Agenda
Call to Order and Roll Call
Approve the Agenda
Public Forum
Pledge of Allegiance
Public Comment
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, and Council Member Witte all answered roll call.
Council Member Scott and Council Member Swanson were absent.
City staff present was Gene Drabinski, City Manager, Bill Nichols, City Attorney; Michelle
Groenevelt, Community Development Director; Dennis Coyle, Parks and Recreation Director;
Larry Stokes, Interim Chief of Police; Anne Kantola, Library Director; Nathan Coyle, Airport
Manager; Carol Coyle, Grant Coordinator; Delta James, City Planner; and BessieJo Wagner,
City Clerk.
APPROVE THE AGENDA
Mayor Bailey, with the consent of the Council, approved the agenda as amended.
PUBLIC FORUM
AB 13-212 Public Comment Regarding the Proposed Second Amendment to Exclusive
Agreement for Collection and Disposal of Solid Waste — Lake Shore Disposal
The City Council wanted to hear from the public their comments regarding the Proposed Second
Amendment to Exclusive Agreement for Collection and Disposal of Solid Waste with Lake
Shore Disposal.
Janet Meckel, 49 E. Lake Ford Rd., read a letter on behalf of Tony Meckel Excavating,
Attachment 1.
McCall City Council Regular Meeting Page 1 of 6
November 21, 2013
Bi11 Nichols, City Attorney, clarified Paragraph 2c. Mayor Bailey explained the reasoning behind
choosing a solid waste contract with exclusivity.
Mrs. Meckel stated Idaho Transportation Department's requirements for debris hauling
businesses. She was opposed to the idea of obtaining a city permit for each job.
Council discussed the language in the ordinance and the language in the contract need to be in
agreement. Mr. Nichols stated that language would need to be reviewed.
Mayor Bailey suggested council approach the issue carefully.
Mayor Bailey led the audience in the Pledge of Allegiance at 6:03 p.m.
PUBLIC COMMENT
Mayor Bailey called for public comment at 6:04 p.m.
Everett Arter, Lakeshore Disposal, updated Council on the bear proof container deliveries.
Council Member Aymon asked about citizens being charged for bear proof containers without
having received them. Mr. Arter explained the fees would be reimbursed if requested.
Hearing no other comments, Mayor Bailey closed the public comment.
BUSINESS AGENDA
AB 13-211Approval of the Second Amendment to Exclusive Agreement for Collection and
Disposal of Solid Waste — Lake Shore Disposal
Council discussed holding the decision until the ordinance was reviewed and the language in the
ordinance and contract match. Gene Drabinski, City Manager, stated he would facilitate a
conversation between the Lakeshore and City attorneys. Bi11 Nichols, City Attorney, suggested
working on the ordinance language first.
Mr. Drabinski requested Council input regarding the bear proof requirement for businesses that
do not generate food waste. Mr. Drabinski suggested he be allowed to work with the businesses
on an individual basis. Everett Arter, Lake Shore Disposal, suggested those businesses be
allowed a waiver from the commercial bear proof container requirement. He noted the business
should be required to have the smaller bear proof cart for employee generated food waste.
There was Council consensus to delay the decision until the ordinance and contract language
were reviewed.
AB 13-203 McCall Public Art Advisory Committee Member Appointment
Delta James, City Planner, presented the appointment of Cynthia Dittmer to the McCall Public
Art Advisory Committee for a full three-year term.
McCall City Council Regular Meeting Page 2 of 6
November 21, 2013
There was Council consensus to approve Cynthia Dittmer to the McCall Public Art Advisory
Committee with a term to expire November 2016.
AB 13-202 McCall Area Planning and Zoning Commission Appointments
Delta James, City Planner, presented the appointment of Steve Callan and Nancy Farnsworth to
the McCall Area Planning and Zoning Commission. Ms. James informed Council the
appointment of Mr. Callan and Ms. Farnsworth would fill the remaining seats on the Planning
and Zoning Commission. She stated the McCall Area Planning and Zoning Commission
reviewed the resumes, interviewed the applicants in attendance (Steve Callan and Nancy
Farnsworth) and unanimously recommended City Council appoint Steve Callan and Nancy
Farnsworth to fill the two Commission vacancies. Ms. James noted Mr. Callan's background was
in construction and Ms. Farnsworth had experience in surveying and engineering.
There was Council consensus to approve Steve Callan and Nancy Farnsworth to the McCall
Planning and Zoning Commission for terms of three (3) years, expiring December 2016.
AB 13-204 SUB-07-11: 607 N. 3rd Street Subdivision — Approval of the Granite Falls
Condominiums Amended and Restated Development Agreement
Michelle Groenevelt, Community Development Director, provided Council the history of the
Granite Falls Condominium property. She stated the new owners would like to clarify the
project's remaining items to be completed and more accurately reflect project approvals and as -
built conditions. The owner, Brian Black, provided Council with a list of recent improvements
and stated he did not have any plans for development in the near future. Ms. Groenevelt stated
staff perspective was to clean up the language in the development agreement to clarify for future
staff.
Bill Nichols, City Attorney, stated he had no concerns.
Mayor Bailey moved to approve the Granite Falls Condominium Amended and Restated
Development Agreement and authorize the Mayor to sign all necessary documents. Council
Member Aymon seconded the motion. In a Roll Call vote Mayor Bailey, Council Member
Aymon, Council Member Witte, all vote aye and the motion carried.
AB 13-206 Approval of 2014 Season Golf Rates
Eric McCormick, Golf Course Supervisor, presented the 2014 Season Golf Rates to Council. He
stated the Golf Advisory Committee and staff recommended the golf rates remain the same as
last season. There was a brief discussion about surrounding golf course rates. Council also
discussed season pass sales and additional fees.
Council Member Aymon moved to approve the Golf Advisory Committee and staffs
recommendation to maintain the current golf rates for 2014. Council Member Witte
seconded the motion. In a Roll Call vote Council Member Aymon, Council Member Witte,
and Mayor Bailey all vote aye and the motion carried.
McCall City Council Regular Meeting Page 3 of 6
November 21, 2013
AB 13-209Approval of Hangar 554 Lease Termination and Establishment of a New Lease
Nathan Coyle, Airport Manager, presented the lease termination of Hangar 554 from Patrick and
Kimberly Moroney, and the subsequent lease establishment of Hangar 554 to the John and Jenny
Fawcett Trust. Mr. Coyle noted Mr. Fawcett is a private pilot and intends to store his C-182 in
the hangar. Mr. Coyle stated the new lease would trigger a new lease rate.
Council Member Witte moved to approve termination of the existing lease of Hangar 554
from Patrick and Kimberly Moroney at the time of closing and subsequently approve the
new lease for Hangar 554 to the John and Jenny Fawcett Trust 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, and Mayor Bailey all vote aye and
the motion carried.
AB 13-208 ITT EXELIS Microwave Dish Site Lease Agreement Approval Request
Nathan Coyle, Airport Manager, requested approval for the Exelis microwave dish site lease
agreement. He stated provided Council with information regarding the purpose, location, and
maintenance schedule of the dish. There was a brief discussion on the term length of the lease
agreement.
Mayor Bailey moved to approve the Microwave Site Lease Agreement between the City of
McCall and Exelis, Inc. and authorize the Mayor to sign all necessary documents. Council
Member Aymon seconded the motion. In a Roll Call vote Mayor Bailey, Council Member
Aymon, Council Member Witte all vote aye and the motion carried.
AB 13-207 Approval of Surplus Property Non -Directional Beacon (NDB) transmitter and
associated transformer — Resolution 13-19
Nathan Coyle, Airport Manager, requested Council approve the sale of a Non -Directional
Beacon to Laporte Municipal Airport in Indiana. He stated Airport staff identified it as surplus
property and Idaho Code §67-5732A allowed the conveyance of surplus personal property to
other state and local agencies.
Council Member Aymon moved to adopt Resolution 13-19 authorizing the sale of the Non -
Directional Beacon (NDB) transmitter and associated transformer to the Laporte
Municipal Airport in Indiana and authorize the Mayor to sign all necessary documents.
Council Member Witte seconded the motion. In a Roll Call vote Council Member Aymon,
Council Member Witte, and Mayor Bailey all vote aye and the motion carried.
AB 13-205 Approval of Central Idaho Historical Museum Lease Renewal
Dennis Coyle, Parks and Recreation Director, presented the renewal of the Central Idaho
Historical Museum lease. He stated the new lease would be for a term of five years to include an
additional five year renewal option. The Parks and Recreation Department would continue to
provide grounds and irrigation maintenance.
There was a discussion regarding the museum's responsibility to carry separate insurance.
Council discussed the term length options and which parties could extend the lease. Mr. Coyle
explained the term agreement. There was a brief discussion to correct the dates.
McCall City Council Regular Meeting Page 4 of 6
November 21, 2013
Mayor Bailey moved to table the Central Idaho Historical Museum Lease. Council
Member Witte seconded the motion. In a Voice vote, all voted aye and the motion carried.
AB 13-213 Update to Council Concerning the Tomlinson Dock
Dennis Coyle, Parks and Recreation Director, updated Council on the Tomlinson Dock. He
stated staffs intent would be to resolve the Tomlinson dock issue when Mile High Marina's
lease is renewed in 2017. He stated staff recommended the City work with the City Attorney to
resolve the issue during the lease renewal process.
Council discussed whether the dock was located on City or the State of Idaho's property. Mr.
Coyle briefed Council on the history of the dock. Bi11 Nichols, City Attorney, stated the
Tomlinsons were unable to provide lease documentation on the dock.
Mayor Bailey directed staff to draft a letter to the Tomlinsons in advance of Mile High Marina's
lease renewal. Mayor Bailey stated the letter should inform the Tomlinsons that the dock would
not be part of Mile High Marina's renewed lease. Mr. Nichols stated he would work with Mr.
Coyle to draft a letter and get the City Manager's approval.
AB 13-210 Approval of Resolution No. 13-20 Ratifying the Canvass of the November 5,
2013 Election of Three 4-year Council Seats
BessieJo Wagner, City Clerk, presented Resolution 13-20 ratifying the canvass of the November
5, 2013 election. Mrs. Wagner noted an error on the resolution. Mayor Bailey congratulated the
elected Council Members.
Council Member Aymon moved to adopt Resolution No. 13-20, with amended changes,
proclaiming the election results final and authorize the Mayor to sign all necessary
documents. Mayor Bailey seconded the motion. In a Roll Call vote, Council Member
Aymon, Mayor Bailey, Council Member Witte all vote aye and the motion carried.
AB 13-214 Approval of Surplus Property Winter Patrol Jackets - Resolution 13-21(Added
11/19/13)
Larry Stokes, Interim Police Chief, requested Council approval to surplus several winter patrol
jackets. He stated the jackets would be sent to a rescue mission in Boise. Council Member
Aymon asked why the items were not being donated locally. He explained there was not a local
shelter to donate the jackets.
Council Member Witte moved to adopt Resolution 13-21 authorizing the donation of the
selected Winter Patrol Jackets to a men's shelter in Boise, 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, and Mayor Bailey all vote aye and the
motion carried.
CONSENT AGENDA
Staff recommended approval of the following items:
McCall City Council Regular Meeting Page 5 of 6
November 21, 2013
1. Regular Council Minutes Amendment — May 23, 2013
2. Regular Council Minutes — June 13, 2013
3. Special Council Minutes — July 12, 2013
4. Regular Council Minutes — July 25, 2013
5. Regular Council Minutes — August 8, 2013
6. Special Council Minutes — August 28, 2013
7. Regular Council Minutes — September 12, 2013
8. Special Council Minutes — September 27, 2013
9. Special Council Minutes — November 13, 2013
10. Warrant Registers
11. Payroll Report for Period ending November 8, 2013
12. Alcohol and Catering Licenses Activity Report
There was a brief discussion on the minutes and the warrant registers.
Council Member Witte moved to approve the Consent Agenda with the minutes corrected.
Council Member Aymon seconded the motion. In a Voice vote, all voted aye and the motion
carried.
ADJOURNMENT
Without further business, the Mayor adjourned the meeting at 8:30 p.m.
4°
Donald C. Bailey, Mayor
McCall City Council Regular Meeting Page 6 of 6
November 21, 2013
P.O. Box 2309 McCall. Idaho 83638 Phone: 208-634-5429 • Fax 208-634-3817
November 19, 2013
TO: McCall City Council
Mayor: Don Bailey
Council President: Laura Scott
Council Member: Marcia Witte
Council Member: Jackie Aymon
Council Member: Nic Swanson
City Manager: Gene Drabinski
City Clerk: Bessie Jo Wagner
We are here this evening to say Thank You for reopening the solid waste agreement with
Lakeshore Disposal.
After the public's concerns were first shared with you on how devastating this contract could
be to McCall you responded by saying it was never your intent to cause harm to local
businesses. We truly believe you. When we last formerly addressed you we asked you to make
good on those intentions. It is obvious by opening up the contract you are trying to make the
best out of a bad situation and to stop it from getting any worse.
Your collaborative efforts also acknowledge that you do listen to the voices of the people.
Gene, we know you kept almost 600 signatures on your desk as a reminder of those that carry a
strong opinion that open and fair competition is fundamental to the free market system. The
signatures also echo the fact that the unrestrained interactions of competitive forces yield the
lowest prices, the highest quality and the greatest progress.
Council members I am certain I do not have to remind any of you of the well -attended and
spirited council meeting we had back in August. Perhaps it did not go exactly as planned but in
the end what has come into focus is a city council more concerned about the welfare of the
citizens and a hardy future for this community.
I know we would all concur that it was most unfortunate that the contract was signed in the
first place. We truly believe this calamity was brought about by a perfect storm of events. On
the one hand there was possibly ill-advised counsel and on the other hand a mega corporation
extraordinarily skilled in big business strategies.
• Lot Clearing • Road Building • Foundations • Septic Systems • Utility Hookups • Bank/Slope Retainment • Ponds • Demolitions
• Road Mix • Sand Gravel • Drain Rock Pit Run • Screened Top Soil Landscaping Boulders
ATTACHMENT 1
Lakeshore's parent company knew full well by claiming exclusive rights to Solid Waste it
would devastate our local businesses. And to shore it up they redefined and co -mingled
definitions of Solid Waste.
Naturally we, along with many, are happy and relieved that in this second amendment the
makeovers of the definitions of Bulky Waste, Excluded Waste and Solid Waste have been
cleaned up. However, something very troubling remains. In the last line of the definition of
Excluded Waste it says that the only ones who can collect and transport this material is a
building contractor, owner or occupant of the premises. It says only a building contractor,
owner or occupant. What about all the other types of contractors? This pertains to some of the
very same contractors and subcontractors that shouted out their opinions in that packed
meeting we had in August. Its wording also tells an owner or occupant they have to transport
the waste themselves.
This is not a petty issue and is an open door for trouble. Lakeshore could take full advantage
of this verbiage and it could cause mayhem for everybody else. We have already learned the
hard way that semantics do matter and that results are far more critical than intent.
Everybody is also upset about the proposed rate increases in this second amendment and
the extension of the contract. Yes, this frustrates us as much as the next guy because we are
customers of Lakeshore too.
Please go through this second amendment with a fine tooth comb and under a legal
microscope. Don't give Lakeshore anything they don't deserve. And please, turn your eyes away
from anything that may fog the issue or attempt to misrepresent what is at the heart of the
matter.
I will close with this. Remember that quote? "Intelligence is not to make no mistakes, but to
see quickly how to make them good." Well, you have proven to be a resilient city council that
regardless of how uncomfortable or disquieting it may be is willing to take quick action to
protect our rights and wisely make necessary revisions to ensure a healthy and growing local
economy.
We offer our sincere and genuine gratitude on your endeavors to make the necessary
refinements within this second amendment.
Thank you.
ATTACHMENT 1
Recyclable Materials, automobile bodies and parts, dead animals or animal
carcasses, Stable Matter, and Wastewater (sewage). The City does not require
Contractor to collect or transport hazardous materials; however, the City is not
responsible for determining when Customers have left hazardous materials for
collection or transportation. 17IWitent, oxchided from City c011ectiorx mus;
collected and transported over and: uic gays.
agar ding contractor, owner or ocera ant.pf the ptµemisr „ or pursuant to a specs
celTeRion as approved by the City."
"SOLID WASTE: Means and includes all useless, unwanted or discarded
putrescible and nonputrescible wastes which is not Excluded Waste as defined
herein, unless such Excluded Waste collection, transportation and disposal is
requested by a Customer and specifically accepted by Contractor. "Solid Waste"
includes, but is not limited to, Garbage, Refuse, Rubbish, Ashes, shrubs, grass and
lawn clippings, weeds, leaves, street cleanings, and other residential, commercial,
industrial and agricultural wastes. "Solid Waste", as defined in this section,
excludes hazardous materials and Recyclable Materials specifically segregated
from other Solid Waste for Collection."
4. Amendment to Section 2.A. Section 2.A of the Agreement is hereby deleted in
its entirety and replaced with the following:
"A. City hereby grants Contractor an exclusive contract for residential and
commercial Solid Waste collection, transportation and disposal in all areas of the
City of McCall, State of Idaho, for ten (10) years, beginning July 1, 2013, and
continuing through June 30, 2023 (the "Initial Term"). Following the Initial
Term, this Agreement shall automatically renew for one (1) five (5)-year term
(the "First Renewal Term"). Following the First Renewal Term, this Agreement
shall automatically renew for successive one (1) year terms (each a "Subsequent
Renewal Term" and together with the Initial Term and the First Renewal Term,
the "Term") thereafter unless either party gives written notice of termination by
U.S. certified or registered mail, postage pre -paid and return receipt requested, to
the other party at least sixty (60) days prior to the expiration of the First Renewal
Term or any Subsequent Renewal Term. Any such notice shall be sent to the
other party's address set forth on the first page of this Agreement, or any change
of address communicated in writing by the other party during the term of this
Agreement. A Subsequent Renewal Term shall become effective (thereby
extending the then -current term) upon either party's failure to give notice of
termination within the time period set forth above."
5. Amendment to Section 8.B. Section 8.B of the Agreement is hereby deleted in
its entirety and replaced with the following:
"B. In addition to any rate changes approved pursuant to Section 8.C.,
Contractor's rates for services described in Exhibit "A" may be adjusted annually
upon approval of the Council, effective July 1s` of each year during the Term,
commencing on July 1, 2013, equal to the annual average change (increase or
00060119.DOC.
SECOND AMENDMENT TO EXCLUSIVE AGREEMENT FOR COLLECTION Page 2
AND DISPOSAL OF SOLID WASTE
ATTACHMENT 1