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HomeMy Public PortalAbout2018.09.27 Regular MinutesMINUTES McCall City Council Regular Meeting McCall City Hall -- Legion Hall September 27, 2018 Call to Order and Roll Call Pledge of Allegiance Approve the Agenda Consent Agenda Presentation Work Session Public Comment Business Agenda 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 Holmes, Council Member Nielsen, and Council Member Sowers all answered roll call. City staff members present were Anette Spickard, City Manager; Bill Nichols, City Attorney; BessieJo Wagner, City Clerk; Erin Greaves, Communications Manager; Linda Stokes, City Treasurer; Michelle Groenevelt, Community Development Director; Delta James, Economic Development Planner;, Kurt Wolf, Parks and Recreation Director; Jay Scherer, Airport Manager; David Simmonds, Information Systems Manager; Traci Malvich, Human Resources Manager; Nathan Stewart, Public Works Director; Chris Curtin, Information Systems Mayor Aymon led the audience in the Pledge of Allegiance. APPROVE THE AGENDA Council Member Holmes 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. CONSENT AGENDA Staff recommended approval of the following ACTION ITEMS. All matters which are listed within the consent section of the agenda have been distributed to each member of the McCall City MCCALL CITY COUNCIL September 27, 2018 Regular Meeting Page 1 of 13 Council for reading and study. Items listed are considered routine by the Council and were enacted with one motion. 1. Council Regular Meeting Minutes — July 12, 2018 2. Council Regular Meeting Minutes — July 26, 2018 3. Payroll Report for period ending — August 10, 2018 4. Clerk Report 5. Warrant Register — GL 6. Warrant Register — Vendor 7. AB 18-229 Treasurer's Monthly Report: Treasurer's report of accounts and activity of office during the month of August 2018 regarding care, management, or disposition of moneys, property, or business of the City. 8. AB 18-230 Request to Approve the Consent to Assignment of Lease for Hangar 608: Idaho First Bank has requested consideration for issuance of a landowner's consent to assignment for Hangar 608. A landlord's consent to assignment of a lease allows a lender, Idaho First Bank in this case, to step into the position of the lessee should the lessee default or be in danger of defaulting upon the lease agreement for this hangar. In the scenario of a default, the lender then becomes the lessee until the defect is cured, and the lender fulfills the terms of the lease agreement. The consent form was prepared by Idaho First Bank. 9. (REMOVED)AB 18-236 Request to Approve a Master Service Agreement with Alsco for Rug Cleaning Services for City Hall, Annex, Library, and the Golf Maintenance Shop 10. AB 18-224 Request to Approve the Funding Extension of Local Option Tax application 18-21 City Parks & Recreation Community Summer Movies Program to close on September 30, 2019: The Parks and Recreation Department received Local Option Tax (LOT) funds for their community outdoor movie night program to be held throughout the 2018 summer season in Legacy Park. The first movie was shown in conjunction with the 4th of July Lakeside Liberty Fest event and a second during Labor Day weekend. Both events brought in an attendance of approximately 150-200 people and staff received positive feedback. As there were only two movie events held this past summer in addition of a $1000 donation received from Cheap Thrills which was applied to the Lakeside Liberty Fest showing, this has left a remaining balance of $3602.60 of LOT funds. Per auditor requirements, City completion reports are due one year after the funds are awarded or when the project is completed, whichever comes first. This project finalized with summer's end so the completion report for application 18-21 was due on September 30, 2018. Staff is requesting to extend the closing date of the application to September 30, 2019 so it will include the 2019 summer season. 11. AB 18-231 Request to Approve the Contingent Revenue and Contingent Expense Transfers: The City had claims to ICRMP this year for damage to two decorative light poles for $3,625 and for damage caused by snow removal activities for $3,812. Streets received $18,234 from Albertson's as a cost share for seal coat repair. The Library received a Rural Community STEM Engagement grant for $10,000. Grant funds are to be used to purchase equipment for the "Maker Space" for STEM learning in the library and to cover expenses related to hosting a stem learning workshop. The Parks Department received a donation of $3,000 from the Central Idaho Mountain Biking Association (CIMBA) to be MCCALL CITY COUNCIL Page 2 of 13 September 27, 2018 Regular Meeting used for improvements on the Bear Basin trails. The Airport received $3,036 from the Idaho Aviation Foundation to create a new pocket park at the airport. 12. AB 18-234 Request to Approve the City of McCall and Maverick Towers LLC Road Maintenance Agreement: The Valley County Board of Commissioners approved a conditional use permit, CUP-18-01, for a Telecommunication Tower to be located off of Heaven's Gate Road on the Nokes Easement property. As a condition of the project, Maverick Towers LLC and the City of McCall need to enter into a Road Maintenance Agreement. As part of the construction and operation of the cell tower, the Developer will be utilizing the road for access by construction equipment and ongoing maintenance activities. The Agreement outlines of the conditions for maintenance of the road. The agreement has been reviewed and approved by the City Attorney. 13. AB 18-244 Request for Approval of the Additional Module of Caselle Online/Electronic Payments Software Contract: The addition of the Online/Electronic Payments Caselle software module will enable the City of McCall's acceptance of credit cards, electronic funds transfers and online bank bill pay consolidation electronically with full automated integration to Caselle's Cash Receipting module. Council Member Sowers moved to approve the Consent Agenda as amended to remove item AB 18-236 for Alsco Service Agreement. Council Member Holmes seconded the motion. In a roll call vote Council Member Sowers, Council Member Holmes, Mayor Aymon, Council Member Giles, and Council Member Nielsen all voted aye and the motion carried. PRESENTATION AB 18-232 Presentation of Certificate of Appreciation to David Simmonds for 18 years of service Recognition City Manager Anette Spickard presented the Certificate of Appreciation to David Simmonds for his years of service. David Simmonds officially retires from the City on September 28, 2018. He has served the City as the Information Systems Manager for 18 years. Mayor Aymon presented a Certificate of Appreciation to David for his dedication and service to the McCall community. City Manager Spickard spoke of the contributions Mr. Simmonds has made during his tenure at the City. WORK SESSION 5:36 AB 18-233 Local Housing in McCall: Generating Ideas and Solutions Community & Economic Development Director Michelle Groenevelt and Economic Development Planner Delta James presented the Local Housing in McCall: Generating Ideas and Solutions discussion. In 2018, the McCall City Council adopted McCall In Motion/City of McCall Housing Strategy and the McCall Area Comprehensive Plan. The Plans outline the need for a Local Housing Program that includes a variety of for sale or rent units with various price points to support a year around community. Staff asked the Council the following questions for feedback and below each question is a list of what the Council determined as important, asterisking the top priority items: 15:00 MCCALL CITY COUNCIL September 27, 2018 Regular Meeting Page 3 of 13 What do you think are the important characteristics of local housing? Ideas shared: Affordable Available Families and single people Work force — Seasonal and *workers who work in town/employed Home ownership opportunities In town Multi -model transportation Integrated throughout city *Income targeted (deed restricted) Housing authority (city managed) Re -sale price control Energy efficiency *Full-time occupancy Limit short-term rentals City Attorney Bi11 Nichols addressed questions about restrictions in the Home Owners Association (HOA). If the developer of the housing project puts in the HOA requirements homes cannot be used for short term rentals, it will hold. It just cannot be retroactive on existing neighborhoods. How might the City financially incentivize housing for locals? Ideas shared: Waive connection fees Own land for leasing Density bonus Code incentives Water bill reduction Tax exemptions Money toward public infrastructure Down payment assistance — loan to be paid back upon the sale of the property Franchise fees 9 or more units waive the park requirement Waive planning and application fees Local Option Taxes Accessory Dwelling Units — Long term rentals What are your priorities for the expenditure of housing incentives? Ideas shared: Criteria Invest in Housing Program Opportunities for leveraging funds for grants Land banking Off -set the cost of City Infrastructure What other ideas to you have? Ideas shared: Address a density bonus MCCALL CITY COUNCIL Page 4 of 13 September 27, 2018 Regular Meeting Small scale vs large scale Need for a diverse range from rentals to buying and for developer building Governmental partnerships State housing trust Different types of homes — manufactured, container, tiny, etc. Staff will use the information collected above to create the foundation to work on specific initiatives to encourage and/or create opportunities and come back to Council with Phase 1 of a McCall Local Housing Incentive Program. PUBLIC COMMENT Mayor Aymon called for public comment at 6:16 p.m. Hearing no comments, Mayor Aymon closed the comment period at 6:16 p.m. BUSINESS AGENDA AB 18-243 Request to Approve the Appointment of Two New Commissioners to the McCall Area Planning and Zoning Commission Community & Economic Development Director Michelle Groenevelt presented the Appointment of Two New Commissioners to the McCall Area Planning and Zoning Commission (P&Z). The P&Z Commission consists of seven (7) members: four (4) appointed by the Mayor with consent of the Council, and three (3) appointed by the Board of Valley County Commissioners. All members must be residents of the city or the area of city impact for a period of at least two (2) years prior to appointment (MCC 3.12.02). Nancy Farnsworth, a current member of the Planning and Zoning Commission, is resigning mid- term thereby creating one position vacancy for a partial term. Fallon Fereday, a current member of the Planning and Zoning Commission, seat expired in July. Both seats represent the City limits. The position openings were advertised, resulting in four individuals submitting letters expressing interest in serving on the Commission; Fallon Fereday, Robert Lyons, Melissa Hamilton, and Merrily Munther. At its September 11, 2018 regularly scheduled meeting, the Planning and Zoning Commission reviewed the submitted letters of interest and invited the applicants to present their qualifications and basis of interest in serving on the Commission. Robert Lyons and Fallon Fereday were the only interested parties present at the end of the meeting for presentations. Melissa Hamilton was present but had later had to leave for family reasons so was not able to present. After discussion, the Commission unanimously recommended to City Council Fallon Fereday to continue in her seat, to expire July 2021, and for Robert Lyons to fill the remainder of the term vacated by Nancy Farnsworth. This position will expire December 2019. Council Member Nielsen expressed concern over the process of how the appointments are made. If applicants are required to come to the meeting then interview process should be considered. Again, he is not concerned with the people being recommended only with the process. There was some discussion about Ms. Fereday's email. Council Member Giles recognizing Ms. Hamilton's MCCALL CITY COUNCIL Page 5 of 13 September 27, 2018 Regular Meeting experience felt she should be given serious consideration. Council Member Holmes recognized Mr. Lyon's has a lifetime of history and felt he had much to add about the area. Council Member Holmes moved to appoint to the McCall Area Planning and Zoning Commission Falon Fereday for a three-year term representing the McCall City Limits and appoint Robert Lyons to finish out a partial term expiring December 2019 also representing the McCall City Limits. Council Member Sowers seconded the motion. In a roll call vote Council Member Holmes, Council Member Sowers, Mayor Aymon, Council Member Nielsen all voted aye, and Council Member Giles voted no, and the motion carried. AB 18-235 McCall Redevelopment Agency Financial Feasibility Analysis Report Community & Economic Development Director Michelle Groenevelt presented the McCall Redevelopment Agency Financial Feasibility Analysis Report. The current urban renewal district will expire in 3 years. As part of the 2018 McCall Area Comprehensive Plan, the creation of a new urban renewal district was identified in the Plan in Policy 3.1 (p. 104), Map 5.4 (p.107), and LU Project 5 (p. 150). The McCall Redevelopment Agency (MRA) Board hired Kushlan Associates to prepare the Eligibility Report, the first step, in creating a new urban renewal district and this was adopted by the City Council on June 28, 2018. The next step was to complete the financial feasibility analysis. This information was presented to the MRA Board. Phil Kushlan of Kushlan Associates addressed the Council sharing the process they went through to arrive at the two districts, how the information for the feasibility analysis was gathered, and how the recommendation of a 20-25% base was figured. He explained the next steps and process in creating the new districts. A city can have multiple districts so long as the combined accessed value does not exceed 10% of the total valuation of the city. Each district is considered and voted on separately. AB 18-226 Tree Committee Annual Accomplishment Report for FY18 John Lillihaug, chair for the Tree Committee, presented the committee's annual accomplishment report. The Tree Committee is responsible for the location, selection, and identification of any trees, which qualify as a landmark tree or stand, of identifying and inventorying street trees, of reviewing development proposals that may affect landscaping and provide comment to the Planning and Zoning Commission and City Council. Members serve rotating three-year terms. He shared the City received the Tree City USA award, which gets harder and harder to achieve year due to changing requirement. Other highlights include the is the Arbor Day event with the school district; disease and care articles posted in the newspaper; and the Rotary grant to plant the trees in Riverfront Park. Mr. Lillihaug thanked City staff Parks & Recreation Director Kurt Wolf, Parks Superintendent Eddie Heider, and Nathan Todd for their contributions to the Arbor Day event. Mayor Aymon asked questions regarding the Firewise program and suggested the Firewise and Tree committees work together to implement the program. Parks & Recreation Director Kurt Wolf and Mr. Lillihaug are willing to meet and discuss that option. MCCALL CITY COUNCIL Page 6 of 13 September 27, 2018 Regular Meeting AB 18-227 Parks and Rec. Advisory Committee Annual Accomplishment Report Matt Linde of the Parks and Recreation Advisory Committee Member presented the committee's annual accomplishment report. The Parks and Recreation Advisory Committee is established pursuant to Idaho Code 50-210 to advise and make recommendations to the McCall City Council on matters pertaining to the operations, management and programming of the McCall Parks and Recreation Department. The Committee consists of seven voting members serving rotating three- year terms. Mr. Linde expressed his appreciation of Parks & Recreation Director Kurt Wolf. He shared the highlights of the year including offering less but higher quality programs which brought up the attendee numbers; the special events did well; Administrative Assistant Stephanie Bork is now full time; and seasonal staff has been tough to fill due to housing issues which causes problems in keeping things clean. He spoke to the pollution of fireworks being set off over the lake and it will be a topic for 2019, and feels there needs to be a discussion in the coming year regarding the Recreation District if it comes to fruition. The committee board is talking about contacting the Idaho Department of Lands regarding a parcel of land by the middle school for fields and possible seasonal housing. There are couple of other area the committee is looking at as well. A plan for Riverfront Park is starting to move forward. Parks & Recreation Director Kurt Wolf briefly discussed using interns for some of the park planning and has worked with students for some of them. Council Member Nielsen expressed the idea of moving Gold Glove Park to River Front Park and use the Gold Glove property for affordable housing. AB 18-240 Request to Approve the Purchase of Right -of -Way Permit Module with Novotx — ELEMENTS Asset & Work Management Software Public Works Director Nathan Stewart presented the request to purchase the Right -of -Way Permit Module with Novotx — ELEMENTS Asset & Work Management Software. Each year the Public Works Department processes approximately one hundred Public Works permits. The permits are issued for new construction, utility upgrades, new or improved driveways, new development, or City improvement projects when work is being completed in the City's Right -of -Way (ROW), on City property and/or affects our water infrastructure. Currently Public Works permits are filed as paper and scanned copies managed separately and outside the Public Works asset management program (ELEMENTS). This new module would allow the permits to be managed within the ELEMENTS program, streamlining the process, improving efficiency, and allowing for better tracking of staff resources affiliated with the Public Works permitting program. The new module will allow for automated: review and approval processes, scheduling of warranty inspections; and data entry throughout the permit management process. Permitting information will also become available to be integrated into the City's GIS and tied to properties and/or locations in which the permits have been issued. The proposal from Novotx is to complete the permit module programming and integration into the City's asset management system. $3,000.00 ($1500.00 for each Department) will be paid out of the departments' current FY18 budget and the remaining will be paid out of FY19. Council Member Sowers moved to approve purchase of the ROW Permit module with Novotx — ELEMENTS Asset & Work Management Software and authorize the Mayor to MCCALL CITY COUNCIL Page 7 of 13 September 27, 2018 Regular Meeting sign all necessary documents. Council Member Giles seconded the motion. In a roll call vote Council Member Sowers, Council Member Giles, Mayor Aymon, Council Member Holmes, and Council Member Nielsen all voted aye, and the motion carried. AB 18-241 Request to Approve PCM-G Statement of Work Office 365 Implementation Change Order removing Skype for Business and PSTN Services Information Systems Manager David Simmonds presented the PCM-G Statement of Work Office 365 Implementation Change Order removing Skype for Business and PSTN Services. In February 2018, the City retained PCMG for services related to implementation of Microsoft Office 365, hosted Exchange (email) and office phone services, also referred to as Skype for Business and/or PSTN services. That service agreement took the form of a Statement of Work. Over time both parties learned that Microsoft had not received federal approvals for required features of Skype for Business, and had no known date for receiving those approvals. As a result, PCMG and the City are agreeing to remove the Skype for Business and PSTN services portion of the Statement of Work. This change order will enact that agreement and effectively end the PCMG services as other portions are complete. It will also allow Information Systems and Finance to close out the existing FY18 purchase order in a timely manner. He answered the Council's questions. Council Member Holmes moved to approve the PCM-G change order to remove Skype for Business and PSTN services from the Statement of Work Office 365 implementation and authorize the Mayor to sign all necessary documents. Council Member Sowers seconded the motion. In a roll call vote Council Member Holmes, Council Member Sowers, Mayor Aymon, Council Member Giles, and Council Member Nielsen all voted aye, and the motion carried. AB 18-245 Request to Approve the Change Order to the Contract with Falvey' s LLC for the Legacy Park Promenade Repair Project Parks and Recreation Director Kurt Wolf presented the change order to the contract with Falvey's LLC for the Legacy Park Promenade Repair Project. The Legacy Park Promenade Repair — Fall 2018 project budgeted $120,000 to replace failing concrete and trip hazards as a result of poor installation and construction management during install. The project scope of work was intended to be done in phases addressing the worst areas first and subsequent phases over time. In addition, portions of the project that were intended to be completed by the Parks & Recreation department has not transpired due to challenging staffing shortfalls. The project was funded with $60,000 in Local Option Tax dollars and a $60,000 commitment from the McCall Urban Renewal Agency. The project low bid for the proposed scope of work came in under budget by $42,472.40. Once demolition began, there was a better understanding of the existing conditions so staff was able to work with the contractors to identify an additional scope of work outlined in this presented change order to be completed while contractor is mobilized this fall. This will also save the City a significant amount of money as the contractor is already on site. The Contractor's estimate was provided to Council. Funding for the additional scope of work will be covered using the remaining balance in the project budget, and from department seasonal salary funds left over from the result of being extremely short on seasonal staff throughout the fiscal year. There was a discussion about unclear details. MCCALL CITY COUNCIL Page 8 of 13 September 27, 2018 Regular Meeting Council Member Giles moved to approve the change order to the contract amount with Falvey's LLC for the Legacy Park Promenade Repair Fall 2018 project and authorize the Mayor to sign all necessary documents. Council Member Holmes seconded the motion. In a roll call vote Council Member Giles, Council Member Holmes, Mayor Aymon, Council Member Nielsen, and Council Member Sowers all voted aye, and the motion carried. Council Member Nielsen stated a possible conflict of interest with the next agenda item. City Attorney Bill Nichols opinioned there was no conflict for Council Member Nielsen to vote on the next item. AB 18-237 Request to Approve the Assumption of Hangar 102 Lease by Teton Leasing, LLC, and Terminate Aviation Properties, LLC's interest in the lease at Time of Closing Airport Manager Jay Scherer presented the request to approve the Assumption of Hangar 102 Lease by Teton Leasing, LLC, and Terminate Aviation Properties, LLC's interest in the lease at time of closing. Teton Leasing, LLC (dba McCall Aviation) is in the process of buying Hangar 102 from Aviation Properties LLC and wishes to assume the existing lease. Additionally, Teton Leasing LLC is requesting that the lease be assumed under the current terms to include the lease rate. The FY18 rate was $.275/sq. ft covered ground and $.135 bare ground. This leasehold has 40,074 sq. ft of bare ground and 7,300 sq. ft covered ground making the lease amount $5,404.99 for the uncovered ground and $2,008.56 for covered ground for a total of $7,413.55. The lease has a provision to adjust on the eighth anniversary (March 13, 2022) to the then current rate. The initial term of the lease ends March 13, 2034 with the opportunity for a 5-year lease with a 3-year extension. Exhibit F of the current lease provided to the Council, provides the history of a pre -pay on this lease which results in an annual deduction of $3049.00 when the lease is invoiced. As this is a commercial hangar, the request for assumption was reviewed by the Airport Advisory Committee (AAC). Teton Leasing provided information as to additional funds generated by their business to offset the reduction in lease rate to include fuel flowage, rental car leasing, employment, etc. The AAC and staff recommend assigning the lease at the current terms. Laura Nichols of McCall Aviation and Melvin Wagoner of Teton Leasing LLC addressed the two leases. Ms. Nichols requested to discuss both agenda items AB 18-237 and AB 18-238 at the same time as they are basically the same. The Council was agreeable. She gave the Council a completed application and a detailed report of the financial (Attachment A) and tangible contributions McCall Aviation makes for the City. Ms. Nichols explained the lease and report, and what McCall Aviation provides to the airport in amenities to arrivals, data collection, etc. She talked about Teton Leasing as a company and what she felt they would contribute to the airport and McCall. Mr. Wagoner clarified what the transaction would mean to the airport. Ms. Nichols stated hangar 101 or 102 could be used as a terminal if the need arises. Council Member Holmes moved to approve the assumption of the Hangar 102 lease by Teton Leasing, LLC, terminate Aviation Properties, LLC's interest in the lease at time of closing, and authorize the Mayor to sign all necessary documents. Council Member Giles seconded the motion. In a roll call vote Council Member Holmes, Council Member Giles, Mayor Aymon, Council Member Nielsen, and Council Member Sowers all voted aye, and the motion carried. MCCALL CITY COUNCIL Page 9 of 13 September 27, 2018 Regular Meeting AB 18-238 Request to Approve the Assumption of Hangar 103 Lease by Teton Leasing, LLC, and Terminate Aviation Properties, LLC's interest in the lease at Time of Closing Airport Manager Jay Scherer presented the request to approve the Assumption of Hangar 103 Lease by Teton Leasing, LLC, and Terminate Aviation Properties, LLC's interest in the lease at time of closing. Teton Leasing, LLC (dba McCall Aviation) is in the process of buying Hangar 103 from Aviation Properties LLC and wishes to assume the existing lease. Additionally, Teton Leasing LLC is requesting that the lease be assumed under the current terms to include the lease rate. The FY18 rate was $.276/sq. ft covered ground and $.135 bare ground. This leasehold has 120,997 sq. ft of bare ground and 12,030 sq. ft covered ground making the lease amount $16,322.88 for the uncovered ground and $3314.67 for covered ground for a total of $19647.55. The initial term of the lease ends May 21, 2022 with the opportunity for four 5-year extensions. As this is a commercial hangar, the request for assumption was reviewed by the Airport Advisory Committee (AAC). Teton Leasing provided information as to additional funds generated by their business to offset the reduction in lease rate to include fuel flowage, rental car leasing, employment, etc. The AAC and staff recommend assigning the lease at the current terms. The discussion for this lease was included in the previous agenda bill. Council Member Holmes moved to approve the assumption of the Hangar 103 lease by Teton Leasing, LLC, terminate Aviation Properties, LLC's interest in the lease at time of closing, and authorize the Mayor to sign all necessary documents. Council Member Nielsen seconded the motion. In a roll call vote Council Member Holmes, Council Member Nielsen, Mayor Aymon, Council Member Giles, and Council Member Sowers all voted aye, and the motion carried. AB 18-228 Request to Adopt Resolution 18-19 for Governmental Equipment Lease -Purchase Agreement and a Non -Appropriation Addendum for FY2019-2023 for a loader with Western States Public Works Director Nathan Stewart presented the request to adopt Resolution 18-19 for Governmental Equipment Lease -Purchase Agreement and a Non -Appropriation Addendum for FY2019-2023 for a loader with Western States. The Streets Department 5-year lease for one (1) Caterpillar M950 loader is set to expire on October 15, 2018 when that equipment will be returned to CAT. Public Works Department, working with Western States and Caterpillar Financial Services has prepared new lease documentation for FY19 — FY23 that include all necessary provisions including: non -appropriations and a buy-back certification indicating that Western States will purchase the equipment at the end of the lease period. Resolution 18-19 allows the City to enter into a multi -year lease and includes a "Non - Appropriation" provision. A11 contracts/agreements are being reviewed by legal counsel prior to securing signatures. Approval of this new lease documentation will allow for the City to return the existing loader at the same time the new loader is delivered. Council Member Giles moved to adopt Resolution 18-19 authorizing the Mayor to enter into, on behalf of the City of McCall, a "Governmental Equipment Lease -Purchase Agreement" and a "Non -Appropriation Addendum" and authorize the Mayor to sign all necessary MCCALL CITY COUNCIL Page 10 of 13 September 27, 2018 Regular Meeting documents. Council Member Sowers seconded the motion. In a roll call vote Council Member Giles, Council Member Sowers, Mayor Aymon, Council Member Holmes, and Council Member Nielsen all voted aye, and the motion carried. AB 18-239 Request to Approve Resolution 18-20 Water Treatment Chlorine Generation System: Sole Source Certification - ClorTec® Public Works Director Nathan Stewart presented the request to approve Resolution 18-20 Water Treatment Chlorine Generation System: Sole Source Certification - ClorTec®. The Water Treatment Facility's chlorine generation system is an essential component of the treatment process providing disinfection solution needed to treat and deliver safe, high quality potable water to the City. The existing system is 20+ years old, beyond its useful life and is scheduled for replacement in FY19. The current system is manufactured by De Nora Water Technologies Texas, LLC under the ClorTec® brand. De Nora is one of only a few chlorine generation system manufacturers available. However, given the unique design of the water treatment plant, staff has determined it is essential that ClorTec® be the replacement system for the following reasons: it is compatible with the mechanical and electrical configuration of the facility; adequate support and installation service is provided; and it is the most cost-effective alternative. Idaho Statute IC 67-2808.2(I11) allows for public agencies to solely source equipment, "where compatibility of equipment, components, accessories, computer software, replacement parts or service is the paramount consideration." Staff has confirmed with legal counsel a sole source certification is required prior to purchasing the new ClorTec® system. Resolution 18-20 formalizes the City's sole source for water treatment facility chlorine generation systems. Once approved, this resolution will be publicly noticed for two weeks. City Attorney Bi11 Nichols explained the process for securing a sole source designation and the statue governing this type of procurement. If there is a protest from another manufacturer, the City would have to deal with the protest. Council Member Sowers moved to approve Resolution 18-20 declaring De Nora Water Technologies Texas, LLC and ClorTec® as City's sole source for the Water Treatment Facility's chlorine generation system and authorize the Mayor to sign all necessary documents. Council Member Giles seconded the motion. In a roll call vote Council Member Sowers, Council Member Giles, Mayor Aymon, Council Member Holmes, and Council Member Nielsen all voted aye, and the motion carried. AB 18-246 Request to Approve Letter to Governor Otter requesting Idaho Department of Lands reconsideration of Lick Creek Road Cell Tower Site Location City Manager Anette Spickard presented the request to approve a letter to Governor Otter requesting Idaho Department of Lands reconsideration of Lick Creek Road cell tower site location. In response to public testimony received at the September 13, 2018 Council meeting expressing concern about the placement of a cell tower on the Idaho Department of Lands (IDL) land in close proximity to single family homes on Lick Creek Road without public notice or adherence to setbacks that would otherwise apply, the Council asked staff to prepare a letter for the Mayor's signature echoing those concerns and requesting that the Governor have the Idaho Department of MCCALL CITY COUNCIL Page 11 of 13 September 27, 2018 Regular Meeting Lands reconsider the placement of the tower to conform to the setbacks that would normally be applicable. Council Member Giles moved to approve the letter to Governor Otter regarding the Idaho Department of Lands Lick Creek Road cell tower site location setbacks, as amended, and authorize the Mayor to sign all necessary documents. Council Member Holmes seconded the motion. In a roll call vote Council Member Giles, Council Member Holmes, Mayor Aymon, Council Member Nielsen, and Council Member Sowers all voted aye, and the motion carried. AB 18-242 Request to Approve the Purchase and Sale Agreement for real property known as Assessor's parcel RPM00000177975 City Manager Anette Spickard presented the request to approve the Purchase and Sale Agreement for real property known as Assessor's parcel RPM00000177975 to Council. This parcel is a piece of Deinhard Lane right-of-way that was previously purchased by Idaho Transportation Department in 2003 on behalf of the City. The warranty deed for the transaction was not recorded and the parcel was subsequently foreclosed upon by the county assessor for delinquent taxes. Mr. Cory Walker legally purchased the parcel at "tax deed sale" from the County. Upon discovering it was not suitable as a buildable lot, Mr. Walker offered to sell the parcel to the City for the amount he paid to the County ($3,182) plus closing costs. Obtaining the parcel through other means such as a filing a Quiet Title action or Prescriptive Easement action would be more expensive and time consuming than accepting Mr. Walker's offer. Council Member Holmes moved to approve the Purchase and Sale of Agreement from Mr. Cory Walker for real property known as Assessor's parcel RPM00000177975 for $3182.00 plus closing costs and authorize the Mayor to sign all necessary documents. Council Member Giles seconded the motion. In a roll call vote Council Member Holmes, Council Member Giles, Mayor Aymon, Council Member Nielsen all voted aye, and Council Member Sowers voted no, and the motion carried. Review the Upcoming Meetings Schedule Council discussed upcoming meetings. Council Member Nielsen asked for a global look at the code changes coming to the Council. Community & Economic Development Director Michelle Groenevelt gave a brief explanation of how a Title 3 amendment happens. EXECUTIVE SESSION At 8:28 p.m. Council Member Holmes moved to go into Executive Session for: • Land acquisition — Pursuant to Idaho Code §74-206 (1)(c): to acquire an interest in real property which is not owned by a public agency; • Litigation — Pursuant to Idaho Code §74-206 (1)(f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. The mere presence of legal counsel at an executive session does not satisfy this requirement; MCCALL CITY COUNCIL September 27, 2018 Regular Meeting Page 12 of 13 Council Member Giles seconded the motion. In a roll call vote, Council Member Holmes, Council Member Giles, Mayor Aymon, Council Member Giles, and Council Member Sowers all voted aye, and the motion carried. Council discussed a land acquisition opportunity. RETURN TO OPEN SESSION At 8:55 p.m. Council Member Nielsen 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 i Without further business, Mayor Aymon adjourned the meeting at 8:56 p.m. ATTEST: .0 of AMC w ' `9.Z .a = J c ieJ.Ayn ,MJor .ems F. . -7 .. 'FOf BessieJo Wa er, City C MCCALL CITY COUNCIL Page 13 of 13 September 27, 2018 Regular Meeting