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2013.11.21 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