HomeMy Public PortalAbout2016.09.22 Regular MinutesMINUTES
McCall City Council
Regular Meeting
McCall City Hall -- Legion Hall
September 22, 2016
Call to Order and Roll Call
Pledge of Allegiance
Approve the Agenda
Business Agenda
Consent Agenda
Proclamations
Business Agenda cont.
Public Comment
Work Session
Business Agenda cont.
Executive Session
Return to Open Session
Adjournment
CALL TO ORDER AND ROLL CALL
Mayor Aymon called the regular meeting of the McCall City Council to order at 5:30 p.m.
Mayor Aymon, Council Member Giles, Council Member Swanson, and Council Member
Witte all answered roll call. Council Member Scott was absent.
City staff members present were Nate Coyle, City Manager; Bill Nichols, City Attorney; Delta
James, City Planner; Jay Scherer, Airport Manager; Traci Malvich, Human Resources Manager;
Justin Williams, Police Chief; Nathan Stewart, City Engineer; Kurt Wolf, Parks & Recreation
Supervisor; and Shay Tyler, Deputy Clerk.
Mayor Aymon led the audience in the Pledge of Allegiance.
APPROVE THE AGENDA
Council Member Swanson moved to approve the agenda as submitted. Council Member
Giles seconded the motion. In a voice vote all members voted aye and the motion carried.
BUSINESS AGENDA
AB 16-232 Employee Benefit Update
Human Resource Manager Traci Malvich presented the Employee Benefit update. Due to current
regulations imposed by the Idaho Department of Insurance, Cigna is not able to offer a level -
McCall City Council Regular Meeting
September 22, 2016
Page 1 of 9
funded plan to a municipality located in Idaho without doing some additional filings. Cigna just
became aware of the restrictions when they attempted to file our plan documents with the Idaho
Department of Insurance late last week, and there is not sufficient time to get the additional
filings completed by October 01, 2016. Based on conversations with Cigna, the broker, the Idaho
Department of Insurance and staff; Cigna has revised the plan type from level -funded to fully
insured in order to comply with current state regulations. The change did not result in any
changes to the benefit level for members, or the cost to either the City of McCall or employees
with this change.
Cigna is actively working with the Idaho Department of Insurance to complete all requirements
to offer a level -funded plan in the future. The hope is that the authorization from the Department
of Insurance will be in place by January 01, 2017. If the level -funding option is approved by the
Department of Insurance by January 01, 2017, the intent would be to convert our fully -insured
plan to a level -funded plan on January 01, 2017. If the authorization is not in place by January
01, 2017, the coverage would remain in place as a fully -insured plan.
Changing from fully -insured to level -funded on the calendar year will likely improve the
performance of the level -funded option. There is no risk to the City with a fully -insured plan, it
is the same type of plan as the City has had in the past. If the City remains fully -insured for the
entire plan year, we would not have the ability to share in the direct savings potentially realized
by lower than expected claims. If the City is able to convert to a level -funded plan on January 01,
2017, we would have a nine month plan and would be eligible to share the direct savings if the
claims utilization is lower than anticipated for that nine month period.
Council Member Scott joined the meeting at 5:43 p.m.
Council Member Swanson moved to approve the fully -insured Cigna plan design, effective
October 1st 2016, and authorize the Human Resources Manager to sign all necessary
documents. Council Member Giles seconded the motion. In a roll call vote Council Member
Swanson, Council Member Giles, Mayor Aymon, Council Member Scott and Council
Member Witte all voted aye and the motion carried.
CONSENT AGENDA
Staff recommended approval of the following items:
1. Council Special Minutes — September 1, 2016
2. Payroll Report for Period ending September 9, 2016
3. Clerk's License Report
4. AB 16-223 Request for Approval of an HRA, FSA and COBRA Third Party
Administration Agreement
Council Member Witte moved to approve the Consent Agenda as submitted. Council
Member Swanson seconded the motion. In a voice vote all members voted aye and the
motion carried.
McCall City Council Regular Meeting
September 22, 2016
Page 2 of 9
PROCLAMATIONS
AB 16-228 Proclamation — 2016 Fire Prevention Week October 9-15 — "Don't Wait — Check
the Date! Replace Smoke Alarms Every 10 Years"
The City of McCall, Idaho is committed to ensuring the safety and security of all those living in
and visiting the City of McCall. Fire is a serious public safety concern both locally and
nationally, and homes are the locations where people are at greatest risk from fire. This year's
Fire Prevention Week campaign, "Don't Wait — Check the Date! Replace Smoke Alarms Every
10 Years," represents the final year of the National Fire Prevention Association's (NFPA) three-
year effort to educate the public about basic but essential elements of smoke alarm safety.
Why focus on smoke alarms three years in a row? Because NFPA's survey data shows that the
public has many misconceptions about smoke alarms, which may put them at increased risk in
the event of a home fire. For example, only a small percentage of people know how old their
smoke alarms are, or how often they need to be replaced.
As a result of those and related findings, the NFPA is addressing smoke alarm replacement this
year with a focus on these key messages:
• Smoke alarms should be replaced every 10 years.
• Make sure you know how old all the smoke alarms are in your home.
• To find out how old a smoke alarm is, look at the date of manufacture on the back of the
alarm; the alarm should be replaced 10 years from that date.
In an effort to support the national proclamation of Fire Prevention week and bring awareness to
the citizens of McCall, staff requests that the Council proclaim October 9-15, 2016 as fire
prevention week in McCall.
Council Member Swanson moved to proclaim October 9-15, 2016, as Fire Prevention Week
throughout the City of McCall and authorize the Mayor to sign the proclamation. Council
Member Scott seconded the motion. In a roll call vote Council Member Swanson, Council
Member Scott, Mayor Aymon, Council Member Giles and Council Member Witte all voted
aye and the motion carried.
AB 16-229 Proclamation — October 2016 as Arts and Humanities Month
The month of October has been recognized as National Arts and Humanities Month by thousands
of arts and cultural organizations, communities, and states across the country, as well as by the
White House and Congress for 30 years. The arts and humanities embody much of the
accumulated wisdom, intellect, and imagination of humankind; and enhance and enrich the lives
of every American. The arts and humanities play a unique role in the lives of our families, our
communities, and our country; and the nonprofit arts industry also strengthens our economy by
generating $135 billion in total economic activity annually, 2.2 billion in government revenue,
and by supporting the full-time equivalent of 4.1 million jobs nationwide.
In an effort to support the national proclamation of Arts and Humanities, staff requests that
Council Proclaim October as Arts and Humanities month in McCall.
McCall City Council Regular Meeting Page 3 of 9
September 22, 2016
Council Member Giles moved to proclaim October as Arts and Humanities Month and
authorize the Mayor to sign all necessary documents. Council Member Witte seconded the
motion. In a roll call vote Council Member Giles, Council Member Witte, Mayor Aymon,
Council Member Scott and Council Member Swanson all voted aye and the motion carried.
BUSINESS AGENDA continued
Council Member Scott was recused from the following discussion.
AB 16-221 Request for Approval of PUD-05-01, SUB-09-01: Whitetail Planned Unit
Development and Cabin Sites Plat Minor Amendments
City Planner Delta James presented stating that the Shore Lodge Whitetail LLC has submitted
the following applications:
1. Minor amendment to the final plat of Whitetail Cabin Sites Subdivision to eliminate Lot
5 and Open Space J in order to enlarge Lots 4, and 6 and create Open Space D. The
number of platted lots within the subdivision is thereby reduced by one unit; and
2. Minor amendment to the Whitetail Planned Unit Development (PUD) to:
a. Incorporate changes to the Whitetail Cabin Sites plat as proposed by the
companion minor plat amendment application.
b. Modify the density calculations for the Whitetail PUD as caused by the reduction
of one unit resulting from the Whitetail Cabin Sites plat amendment.
Amy Pemberton, The Shore Lodge Whitetail LLC representative, went over the maps showing
what areas are affected and the changes that are being requested. The McCall Area Planning and
Zoning Commission reviewed the minor Subdivision Plat Amendment and minor PUD
Amendment land use applications at a regularly scheduled meeting on September 6, 2016 and
unanimously recommended the applications for approval by McCall City Council.
Council Member Witte moved to approve PUD-05-01 Minor Amendment to Whitetail PUD
as recommended by the McCall Area Planning and Zoning Commission and authorize the
Mayor to sign all necessary documents. Council Member Swanson seconded the motion. In
a roll call vote Council Member Witte, Council Member Swanson, Mayor Aymon, and
Council Member Giles all voted aye and the motion carried. Council Member Scott has
recused.
Council Member Witte moved to approve SUB-09-01 Cabin Sites Minor Amendment to
Subdivision Final Plat as recommended by the McCall Area Planning and Zoning
Commission and authorize the Mayor to sign all necessary documents. Council Member
Swanson seconded the motion. Council Member Witte, Council Member Swanson, Mayor
Aymon, and Council Member Giles all voted aye and the motion carried.
Council Member Scott re -joined the Council
AB 16-227 SH-55 and Railroad Traffic Congestion and Pedestrian Safety Discussion
City Manager Nate Coyle presented the Railroad traffic congestion and pedestrian safety
discussion requested by City Council regarding the concerns at the SH-55 (3rd Street) and
McCall City Council Regular Meeting Page 4 of 9
September 22, 2016
Railroad Avenue intersection. This intersection, along with others along SH-55, is being studied
as part of the City's Transportation Master Plan.
City Engineer Nathan Stewart discussed what has transpired over the last couple of months in
collecting data to help determine what is needed at this intersection. Kittleson Engineers has also
been working on comparisons to similar intersections in other cities, line of site issues, etc.
Another traffic study will be done in October to collect off season data. A11 data will be compiled
and presented to the Council after these studies are complete.
Erika Bowen from the Idaho Transportation Department (ITDs) reported that a corridor study is
being conducted from Banks/Lowman to New Meadows. In the spring of 2017, they will be
giving a report on the analysis and recommendations gathered from the study. Ms. Bowen
explained that certain criteria needs to be in place to warrant a traffic light and she recommended
other alternatives be looked at first since the traffic congestion is mostly an issue during peak
seasons or events. A few different options were discussed such as flashing pedestrian lights and a
crossing guard.
City Manager Coyle shared that the City put aside $14,400 for a pilot program for a temporary
person directing traffic during peak hours during peak seasons and events.
Council Member Swanson was supportive for temporary staff during peak times to help with
pedestrian and would like to see monies set aside. He would like to see the traffic study finished
before making a decision.
Chris Danley, an expert in pathways and walkable cities, discussed some of the projects he has
been a part of here locally and in Sandpoint. He gave his opinion that a rectangular flash beacon
is low cost but does not feel it is a good fit for the Railroad intersection. However, it would be
good for the cross walk at Shore Lodge or the Pancake House, for example.
Council gave direction to collect the data and wait for the traffic study to be completed. At that
time, schedule to bring it before the Council again to discuss. The goal is to make a decision
before Winter Carnival. Council was affirmative to hold on to the monies set aside by the City
Manager until the decision is made.
PUBLIC COMMENT
Mayor Aymon called for public comment at 6:25 p.m.
Josh Gerard, 610 Lenora Unit #10 expressed concerned about the activities and the condition of a
vacant lot adjacent to unit 10 which is not a part of the HOA. He would like the City to check on
it. Council Member Swanson suggested that he contact Code Enforcement.
Mayor Aymon temporarily closed the public comment at 6:30 to move to the work session.
McCall City Council Regular Meeting
September 22, 2016
Page 5 of 9
WORK SESSION
AB 16-222 McCall Area Chamber of Commerce and Visitors Bureau update
McCall Area Chamber of Commerce President Richard Jayo gave an update on the Chamber
activities and presented the 2017 budget. He gave a brief overview of grant funding and covered
the different subcommittees and their functions.
He invited the Council to attend the Regional Economic Summit on Oct 3rd at Shore Lodge.
PUBLIC COMMENT cont.
Mayor Aymon reopened the public comment at 6:40 p.m.
City Manager Coyle shared the circumstances and history of the dumpster easement issue
between Tom Kalange and Bob Hunt of The Yacht Club. There is a dispute over the location of
the dumpster and its easements. The dumpster is owned by Lakeshore Disposal but is considered
abandoned property because of a land purchase deal between the two parties that fell through
which made the rights to the dumpster go back to Tom Kalange by default. The dispute is where
to store the dumpster so it keeps getting pushed back and forth between the two properties and in
doing so property has been damaged. Police Chief Justin Williams reported on his discussion
with Mr. Kalange and Mr. Hunt. Because the dumpster went back to Mr. Kalange by default, he
has the right to have it removed however he sees fit. Chief Williams discussed the criminal and
civil issues caused by the actions of both parties. Because the dumpster belongs to Lakeshore
Disposal, they will contact The Yacht Club to let them know that the dumpster will be removed.
Hearing no further comments, Mayor Aymon closed the comment period at 7:17 p.m.
BUSINESS AGENDA continued
AB 16-225 Approval Request for a 12" Brush Chipper Purchase (FY17)
Parks Supervisor Kurt Wolf presented the request for a 12" brush chipper purchase. The Parks
Department has funding in the amount of $34,000 for FY17 for the purchase of a used/new 12"
Brush Chipper to be shared between Parks, Golf, and Public Works. There were three options
based on availability, parts & service, warranty, and price. He reported that after investigating
the different options, it was decided that the Morbark was the best option as it is much simpler to
use compared to the others and has a good warranty and maintenance plan. Parks Supervisor
Wolf would like to purchase this piece of equipment and asks for Council approval.
Council Member Scott moved to approve the purchase the new Morbark brush chipper
through GoodFellow Crushers in Ogden Utah, and authorize the Mayor to sign all
necessary documents. Council Member Swanson seconded the motion. In a roll call vote
McCall City Council Regular Meeting Page 6 of 9
September 22, 2016
Council Member Scott, Council Member Swanson, Mayor Aymon, Council Member Giles
and Council Member Witte all voted aye and the motion carried.
AB 16-226 Approval Request for Wastewater Lagoon Monitoring Well Installation: Rebid
and Contract Award
City Engineer Nathan Stewart presented the request for the wastewater lagoon monitoring well
installation for rebid and contract. SPF Water Engineering completely reevaluated their sampling
protocol and identified some additional deficiencies. They were able to make this balance by
finding some saving in the work they do and are optimistic that they will be able to stay on
budget even with the increase in drilling costs. City Engineer Stewart recommendation is to
award the contract to Haz-Tec Drilling Inc.
Council Member Swanson moved to authorize staff to issue a "Notice of Award" to Haz-
Tec Drilling, Inc. and authorize the Mayor sign all necessary documents. Council Member
Scott seconded the motion. In a roll call vote Council Member Scott, Council Member
Swanson, Mayor Aymon, Council Member Giles and Council Member Witte all voted aye
and the motion carried.
AB 16-224 Commercial Application: MYL High Flying Club, LLC
Airport Manager Jay Scherer presented the commercial application of the MYL High Flying
Club, LLC. In accordance with the Minimum Standards for Commercial Operators at the McCall
Municipal Airport, MYL High Flying Club, LLC is seeking approval to operate at McCall
Airport. The club is applying as an Independent Operator and meets all requirements as set forth
in the appropriate requirements matrix in Appendix C of the Minimum Standards. The club
currently has 10 members and two aircraft and is subleasing hangar 210A.
The Airport Advisory Committee reviewed the application during their September 8, 2016
meeting and recommends approval.
Council Member Scott moved to approve the application of MYL High Flying Club, LLC.
Council Member Swanson seconded the motion. In a roll call vote Council Member Scott,
Council Member Swanson, Mayor Aymon, Council Member Giles and Council Member
Witte all voted aye and the motion carried.
Council Member Giles recused himself from the following two attorney contract discussions.
AB 16-230 Approval Request for Renewal of City Attorney Contract
City Manager Nate Coyle presented the request for the renewal of the City Attorney contract.
The current retainer agreement with White Peterson expires on September 30, 2016. The
attached agreement renews the professional relationship for another fiscal year. The amount of
the monthly retainer is proposed to increase by $200 per month which is the first increase
requested in the last seven years. The fees for services outside the retainer again remain
unchanged from the current agreement and have not changed in the past seven years. The
agreement is also modified to exclude from the retainer legal services related to procurement
bidding disputes; public records requests requiring attorney review and redaction of exempt
McCall City Council Regular Meeting Page 7 of 9
September 22, 2016
information (but not simple review of redactions made by staff); citizen initiative review and
procedures; and major revisions of whole chapters or titles to McCall City Code. The FY14
General Fund budget includes $100,000 for legal services. The current annual retainer amount is
$67,200. The proposed increase would result in an annual retainer of $69,600.
City Attorney Bi11 Nichols explained the changes in the contract. Due to the extensive time spent
on the procurement on the crack sealer trailer, it was decided that those type of issues be in
addition to the regular contract. The same reasoning was applied to large public record requests.
There has been a recent change at the State level to citizen initiatives that will now require more
time from the legal staff therefore it was separated out as well.
Council Member Scott moved to approve the Agreement for City Attorney Services for
FY16 and authorize the Mayor to sign the Agreement. Council Member Swanson seconded
the motion. In a roll call vote Council Member Scott, Council Member Swanson, Mayor
Aymon, and Council Member Witte all voted aye and the motion carried.
AB 16-231 Approval Request for Extension of City Prosecuting Agreement
City Manager Nate Coyle presented the request for the extension of the City prosecuting
agreement with the same terms to the end of the calendar year. At the July 28, 2016 Council
Meeting, the Council approved the Assignment of the 2015-16 Prosecution Services Agreement
with Jay Kiiha to White Peterson. On May 1, 2016, Jay Kiiha joined White Peterson. At this time
Mr. Kiiha is only requesting an extension of Prosecutorial Service to the end of the calendar
year. The City will need to do a Request for Proposals for prosecutorial services, and Mr. Kiiha
has agreed to assist the City with their process.
Council Member Witte moved to approve the Extension of City Prosecuting Agreement
with Jay Kiiha and authorize the Mayor to sign all necessary documents. Council Member
Swanson seconded the motion. In a roll call vote Council Member Witte, Council Member
Swanson, Mayor Aymon, and Council Member Scott all voted aye and the motion carried.
Council Member Giles rejoined the Council
AB 16-215 Wastewater Consolidation Discussion # 2
City Manager Nate Coyle presented the wastewater consolidation discussion. He gave a review
of the outline and timeline, and the recreational water/sewer district. Next, there was a lengthy
discussion of governing body structure and zoning. The discussion continued to cover advisory
committee establishment and district organizational structure. City Manager Coyle discussed the
personnel needs both at the District level and at the City to operate efficiently. The Council was
updated on the meeting with the Department of Environmental Quality (DEQ), and there was a
discussion on permits and long term agreements with land owners.
Upcoming Meetings Schedule Discussion
Council discussed upcoming meetings.
Warrant Registers
Staff presented the Warrant Registers for approval.
McCall City Council Regular Meeting Page 8 of 9
September 22, 2016
Council Member Swanson moved to approve the Warrant Registers as submitted. Council
Member Scott seconded the motion. In a voice vote, all members voted aye and the motion
carried.
EXECUTIVE SESSION
At 8:25 p.m. Council Member Scott moved to go into Executive Session for:
• Personnel — 74-206(1) (a) To consider hiring a public officer, employee, staff
member or individual agent, wherein the respective qualities of individuals are to be
evaluated in order to fill a particular vacancy or need. This paragraph does not
apply to filling a vacancy in an elective office or deliberations about staffing needs in
general
• Exempt Records - 74-206(1)(d) To consider records that are exempt from disclosure
as provided in chapter 1, title 74, Idaho Code.
Council Member Giles seconded the motion. In a roll call vote, Council Member Scott,
Council Member Giles, Mayor Aymon, Council Member Swanson, and Council Member
Witte all voted aye and the motion carried.
The Council discussed personnel issues and records exempt from disclosure.
RETURN TO OPEN SESSION
At 9:10 p.m. Mayor Aymon moved to return to Open Session. Council Member Giles
seconded the motion. In a voice vote, all members voted aye and the motion carried.
ADJOURNMENT
Without further business, Mayor Aymon adjourned the meeting at 9:10 p.m.
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McCall City Council Regular Meeting
September 22, 2016
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