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2013.12.05 Regular MinutesMINUTES McCall City Council Regular Meeting Legion Hall (McCall City Hall - Lower Level) December 5, 2013 Agenda Call to Order and Roll Call Approve the Agenda Department Reports Committee Minutes Pledge of Allegiance Public Comment Presentation 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 5:37 p.m. Council Member Aymon, Mayor Bailey, Council Member Scott, Council Member Swanson, and Council Member Witte all answered roll call. City staff present was Gene Drabinski, City Manager; Bill Punkoney, City Attorney; Larry Stokes, Interim Chief of Police; Michelle Groenevelt, Community Development Director; Dennis Coyle, Parks and Recreation Director; Peter Borner, Public Works Director; Carol Coyle, Grant Coordinator; Kurt Wolf, Parks Supervisor; Nathan Coyle, Airport Manager; Dave Simmonds, Information Systems Manager; Anne Kantola, Library Director; Gail Draper, Accounting Specialist; Stacy LaFay, Water Treatment Operator; Andrew Fisher, Patrol Corporal; Matthew Dellwo, Water Treatment Operator; James Daniel, Public Works Mechanic; Traci Malvich, Human Resources Manager; Eric McCormick, Golf Course Superintendant; and Laura Wilson, Deputy City Clerk APPROVE THE AGENDA 1 Mayor Bailey with the consent of the Council approved the agenda as submitted. McCall City Council Regular Meeting December S, 2013 Page 1 of 9 REPORTS Gene Drabinski, City Manager, updated Council on the Maverick sign and the potential Project Management career tract candidates. Mr. Drabinski provided Council with the updated Community Capital Improvement Plan Group, Attachment 1. Nathan Coyle, Airport Manager, informed Council that there were no updates on the airport land acquisition other than the appraisals were being reviewed by the FAA. He stated the airport could lose non primary entitlement funding if the land acquisition is not completed or if a back- up plan was not in place. Carol Coyle, Grant Coordinator, updated Council on Idaho Transportation Department's grant process for sidewalk improvements. She told Council that there was still time to submit comments to ITD. Michelle Groenevelt, Community Development Director, volunteered to write up a resolution of support for the Valley County economic Development Commission. Dennis Coyle, Parks and Recreation Director, updated Council on the Bear Basin Pathway project. He also clarified the cost of the disk golf course. Council Member Aymon asked if Parks and Recreation has a screening strategy for the McCall Mall. Kurt Wolf, Parks Supervisor, noted there was not a strategy yet, but they were working on options. Peter Borner, Public Works Director, updated Council on the Asset Management software. He stated the `go live' date will still remain the same. Mr. Borner also updated Council on the status of Park Street. Eric McCormick, Golf Course Superintendant, updated Council on the equipment shed. There was a brief discussion on the building permits and final data on the Local Option Tax receipts. Council Member Aymon asked for clarification on the Railroad Marker Project. Mrs. Coyle noted it was still in the planning stage, but the intent was for the Historic Preservation Commission to provide a small interpretive sign on the corner of 3rd Street and Park Street. It would be where one of the railroad markers from the 1911 survey of the railroad was located. Council discussed the Historic Preservation Commission's disk on the Main Street Project. The Council received copies of the following: 1. Chamber of Commerce Board — October 10, 2013 2. Historic Preservation Committee — October 15, 2013 3. Historic Preservation Committee — October 23, 2013 McCall City Council Regular Meeting Page 2 of 9 December 5, 2013 4. McCall Library Board — September 26, 2013 5. McCall Centennial Committee — September 25, 2013 6. McCall Redevelopment Agency — October 15, 2013 7. Planning and Zoning Commission — October 1, 2013 8. Tree Advisory Committee — February 7, 2013 9. Tree Advisory Committee — March 14, 2013 10. Tree Advisory Committee — April 4, 2013 11. Tree Advisory Committee — October 3, 2013 Mayor Bailey led the audience in the Pledge of Allegiance at 6:04 p.m. PUBLIC COMMENT Mayor Bailey called for public comment at 6:05 p.m. Hearing no further comments, Mayor Bailey closed the public comment period. BUSINESS AGENDA AB 13-219 Employee Service Awards Presentation Mayor Bailey presented the following employees with service awards: 1. Gail Draper, Accounting Specialist 10 years 2. BessieJo Wagner, City Clerk 5 years 3. Russell Dean, Streets Operator 1 5 years 4. Stacy LaFay, Water Treatment Operator 5 years 5. Andrew Fisher, Patrol Corporal 5 years 6. Matthew Dellwo, Water Treatment Operator 5 years 7. James Daniel, Public Works Mechanic 5 years 8. Kurt Mohler, Utility Systems Operator 5 years BessieJo Wagner, City Clerk; Russell Dean, Streets Operator 1; and Kurt Mohler, Utility Systems Operator were absent. AB 13-215 Local Option Tax (LOT) Commission Member Appointment -David Hansen Laura Wilson, Deputy City Clerk, presented to Council the recommended appointment of David G. Hanson to the Local Option Tax Commission to a term to expire December 31, 2018. Bob Giles, Local Option Tax Commission Chair, gave a brief history of Mr. Hanson. He noted Mr. Hanson was active in rotary, very giving and had a widespread interest in LOT projects. There was council consensus to approve the appointment of David G. Hanson to the Local Option Tax Commission to a term to expire December 31, 2018. McCall City Council Regular Meeting Page 3 of 9 December 5, 2013 AB 13-217 Tree City USA Growth Award 2013 Application for Certification Kurt Wolfe, Parks Supervisor, presented the application for certification for the Tree City USA Growth Award 2013. He stated the Parks Department and the Tree Committee worked on numerous projects over the course of the year to earn enough points to qualify for another growth award. He reviewed the projects which included the Firewise program, tree species diversity, and public education opportunities. Council Member Scott moved to approve the Tree City USA Growth Award 2013 Application for Certification and authorize the Mayor to sign all necessary documents. 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 carried. AB 13-217 Appointment of the McCall Historic Preservation Commission to serve as "interested party" in the NF Payette River Bridge ("Lardo Bridge") removal mitigation Carol Coyle, Grant Coordinator and staff liaison for Historic Preservation Commission, presented the recommendation of the McCall Historic Preservation Commission to serve as "interested party" in the North Fork Payette River Bridge removal mitigation. Mrs. Coyle told Council the bridge was built in 1931 and was eligible for listing on the National Register of Historic Places. Idaho Transportation Department would be required to mitigate the effects of the removal in order to comply with the requirements of the National Historic Preservation Act of 1966. Mrs. Coyle gave options of possible mitigation efforts which could include taking some photos and writing a report, posting interpretive signage with historic pictures from 1892, or incorporating design elements into the bridge. She said if the community and interested parties would like a greater degree of mitigation they would be able to meet and discuss the options. She noted it would be in McCall's best interest to wait to see what ITD would be willing to offer. She said ITD was offering options but they would be budget driven. Council Member Aymon moved to appoint the McCall Historic Preservation Commission to represent the City of McCall in the development of a Memorandum of Agreement for the mitigation of the removal of the North Fork Payette River Bridge. Council Member Witte seconded the motion. In a roll call vote Council Member Aymon, Council Member Witte, Mayor Bailey, Council Member Scott, and Council Member Swanson all voted aye, and the motion carried. AB 13-216 Approval of the Central Idaho Historical Museum Lease Renewal Dennis Coyle, Parks and Recreation Director, presented proposed lease agreement between the City of McCall and Central Idaho Historical Museum. Mr. Coyle recapped the change recommended by Bill Nichols, City Attorney, to strike Section 21. Mr. Coyle stated he agreed with Mr. Nichols' recommendation. Bill Ponkoney, City Attorney, agreed with Mr. Nichols' and Mr. Coyle's recommendation. Council Member Witte noted a wording change in Paragraph 12 regarding the liability insurance. The previous lease version was presented on November 21, 2013. Mr. Coyle was unsure of the McCall City Council Regular Meeting Page 4 of 9 December 5, 2013 reason for the change. After a lengthy discussion, it was decided to contact Mr. Nichols to determine the reason for the change. Mayor Bailey motioned to table the item for further discussion until the December 19, 2013 Regular Council Meeting. Council Member Aymon seconded the motion. In a Voice vote, all voted aye and the motion carried. AB 13-218 Governance Manual Work Session Mayor Bailey presented the Governance Manual. He referenced a memo from staff prepared to assist the Council in working through the Governance Manual. He noted the purpose of the Work Session was to work through some final discussion points of the proposed Governance Manual. Council worked through the following issues regarding the Governance Manual: A. Please note that Mayor Bailey has suggested that throughout the Manual the term "Council Member" is changed to "Councilor". Question: Does the Council agree with this change of reference from "Council Member" to "Councilor"? Decision: Council decided to use "Councilor". Council Member Aymon and Council Member Witte preferred "Council Member". Mayor Bailey preferred using a single word. Council Member Scott and Council Member Swanson agreed with using "Councilor". Council Member Witte cautioned a risk of improper spelling. B. 1.3.3 The Mayor Also Embodies Other Leadership Roles (page2) There are two different versions of this paragraph in the presented manual. They are color coded for the purpose of identifying two options. The blue option gives a description of the Mayor as per the Bainbridge Island's Governance manual with a reference to Idaho Code. The red option is directly quoted from the Idaho Code. Question: Which option does the Council prefer, option blue or option red? Decision: Council decided to reference the Idaho Code from the blue version and keep the wording from the red version. Mayor Bailey did not believe copying the code was necessary. Council Member Aymon and Council Member Witte preferred the version in red. Council Member Witte stated that not all Mayors would behave in the manner described and all Council Members are leaders. Council Member Swanson preferred the shorter version. Council Member Scott preferred the red version stating all Council Members served in a leadership role. C. 1.4.6 Council Meeting Agendas Are Set by a Team (page 4) The process called out in this section is not what we are currently practicing and is contradictory to Section 7.1. Mayor Bailey suggests that this process is used by much larger cities and should, with a little practice, be useful for McCall as well. It is recommended that this section be stricken and the process called out in Section 7.1 be used. McCall City Council Regular Meeting Page 5 of 9 December 5, 2013 Question: Which process does the Council prefer; the process in 1.4.6 or the process defined in 7.1? Decision: Council decided to add the `Upcoming Meeting Schedule' as a discussion item on the Council agenda. Gene Drabinski noted the difference between section 1.4 and 7.1. Mayor Bailey believed in order to better serve the public and be prepared for meetings, to have the Mayor approve the agenda prior to posting. He stated it would prevent last minute amendments to the agenda. Mr. Punkoney cautioned giving one person too much power to make decisions. Council Member Swanson suggested discussing the Upcoming Meeting Schedule during the Council Meetings. D. 1.5.4 Council and Administration are Mindful of Risk Management (page 4) Question: Is the statement "The Council may empower the City Manager with a dollar authority level to settle minor disputes while keeping the Council informed of such decisions" allowable? Decision: Council made no changes to 1.5.4. E. 2.1.1 City Council (or "Council") (page 5) The statement "A special-purpose meeting of the Council when a quorum is present is sometimes referred to as a meeting of the Committee of the Whole" is not referenced anywhere else in the Governance Manual. Question: Should the statement remain or be removed? If it remains does it need any further definition? Decision: Council made no changes to 2.1.1. Mayor Bailey, Council Member Scott, and Council Member Swanson noted the term was used when voting or electing officers on the Council. F. 2.1.9 Scalable Process Planning System (page 6) There was a question regarding the last sentence in the second paragraph that states:" The group shall "sunset" when the task is completed. A similar approach may be taken in assembling an Ad Hoc Committee or Task Force, except that the group make-up may be smaller and simpler, and it may have one or just a few meetings, or even "meet" by email." The question was whether this would violate the open meeting law. It would depend on who the group reports to. If they report directly to the Council then they would be subject to the open meetings law; however I believe this reference is for a group that would report to the City Manager and would not be subject to the open meeting law. Decision: Council decided to delete the sentence, "A similar approach may be taken in assembling an Ad Hoc Committee or Task Force, except that the group makeup may be smaller and simpler, and it may have one or just a few meetings, or even `meet' by email." The Council discussed the possible violation of the open meetings law. G. 2.4.1 Public Comment Period at Regular Meetings (page 9) and 2.4.2 Interactive Dialog with the Public at work Sessions (page 10) McCall City Council Regular Meeting Page 6 of 9 December 5, 2013 It is recommended that the Council establish rules for the public comment period that is posted at each meeting to ensure fairness and consistency. These rules should be part of the Rules of Procedures as defined by the Council. Question: Does the Council want to: 1. Strike these two paragraphs; or 2. Make a reference to Rules of Procedures even though they are not yet written; or 3. Determine a summary of those rules and insert them here? Decision: Council decided to delete "if not already on the agenda" at the end of the second sentence on 2.4.1. Council also agreed to develop a Rules and Procedures document to include in the Governance Manual and to be posted at meetings. H. 3.7.3 Two Kinds of Meetings: "Regular" and "Special" (page 15) In the last paragraph of this section it was stated that the Mayor can call a special meeting. It is my understandings that under the Council/Manager form of government that it should be the City Manager or a Majority of the Council. Question: Is it the Council's wish that the Mayor can call a special meeting or does the Council wish this section to reflect the Council /Manager form of Government? Decision: Council decided the section would reflect the Council/Manager form of Government. I. 3.7.4 Open to the "Public" (page 15) In this section it states that: "A governing body shall not hold a meeting at any place where discrimination on the basis of race, creed, color, sex, age, or national origin is practiced." Council Member Aymon has requested that we add sexual orientation and gender identity to this statement. Question: Is the Council in agreement with the addition? Decision: Council decided to add sexual orientation and gender identity to the statement. Mayor Bailey questioned why it would be necessary. Mr. Drabinski questioned if it fixed a problem. There was no opposition from the Council Members. J. 4.7.3 Forms of Address (page 21) It had been recommended that this section be stricken. Mayor Bailey has requested that it remain in the document. Question: Does the Council agree with this statement? If so Council may want to consider a clarifier of how the Council will address each other and how the Council would like to be addressed by the public or someone presenting to Council. Decision: Council made no changes to Section 4.7.3. Mr. Drabinski suggested Council include the Forms of Address when applied to Councilors and to members of the public. Council Member Witte expressed concern it would put people off Mr. Punkoney stated it would be McCall City Council Regular Meeting Page 7 of 9 December 5, 2013 setting a culture. Mr. Drabinski commented that he would ensure staff would comply with the Council's direction. K. 4.8. Telephonic Participation from a Remote Location (page 21) Mayor Bailey would like the reference that a Council Member would need to request to call in for a meeting and receive permission from the Presiding Officer. It has also been recommended by Council Member Witte that the second paragraph of this section be stricken. Question: Does the Council agree with the provision that a Council Member must first ask and receive permission from the Presiding Officer in order to call in for a meeting? Question: Is the Council in agreement that the second paragraph in this section be stricken? Decision: Council made no changes other than not requiring permission from the Presiding Officer. Council Member Witte did not recollect requesting the second paragraph be stricken. She stated as long as the Council Member abide by the rules, he or she should not be required to receive permission from the Presiding Officer. L. 6.7 City Clerk - Minutes — Public Information Access (page 25) In the statement that says:" ...recordings of Work Sessions and workshops, and quasi-judicial proceedings are optional unless so requested by the Presiding Officer." We currently do not record Work Sessions unless a Member of the Council requests that the session be recorded or if it is determined by the City Clerk that the content of the Work Session may be of value to the general Public upon request. It is Mayor Bailey's opinion that the PO should be the one to make this determination; not all decisions need to be vetted by the full Council. Question: Is the statement "ok" as is or does the Council feel that the statement should reflect what is currently being done? Decision: Council decided to change the statement to reflect that the Presiding Officer or any other Councilor may request the recording of a work session. M. 8.2 Call of the McCall City Council (page 30) There has been much confusion with this paragraph. There have been questions as to who would enforce this provision and how would it be enforced. Question: Is the Council ok with this section as is or should the section be modified? Decision: Council agreed to delete this section. There was some discussion with the role of Council or the City Manager compelling staff to attend the Council Meetings. N. 8.7.3 Disorderly Conduct (page 33) It has been requested that there be more explanation of the meaning of this section, particularly the part about "...guilty of misconduct." McCall City Council Regular Meeting Page 8 of 9 December 5, 2013 Question: Better define what is meant by someone being guilty of misconduct as it applies to this section. Decision: Council decided to delete the phrase "shall be guilty of misconduct and". Council also replaced "shall be deemed guilty of misconduct" with "may also be removed or and asked to leave." Council discussed who would make the decision that a person was guilty of misconduct. Council Member Witte and Council Member Aymon did not prefer that term. O. Exhibit A: Simplified Summary Of Parliamentary Procedure (page 39) Question: Does the Council agree with the provisions of Exhibit A as presented? Decision: Council made no changes to Exhibit A. Mayor Bailey directed Mr. Drabinski request the City Clerk and City Attorney draw up a resolution for adoption to present at the next regular council meeting. CONSENT AGENDA Staff recommends approval of the following items: 1. City Council Regular Meeting Minutes — October 10, 2013 2. Warrant Registers 5. Payroll Report for Period ending November 22, 2013 Council requested clarification on the October 10, 2013 minutes. There was a brief discussion on vacation rentals, the fire code, 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 8:25 p.m. ATTEST: ``��iti11n ,,l,l,, %,.`.l of Mac''% ti, ? • C1' .jr1� BessieJo Way er, City Donald C. 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