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HomeMy Public PortalAbout2019.04.11 Council Regular MinutesMINUTES McCall City Council Regular Meeting McCall City Hall -- Legion Hall April 11, 2019 Call to Order and Roll Call Pledge of Allegiance Approve the Agenda Consent Agenda Chamber & Department Reports Committee Minutes Public Comment Business Agenda 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; Shay Tyler, Deputy Clerk; Erin Greaves, Communications Manager; Michelle Groenevelt, Community Development Director; Kurt Wolf, Parks and Recreation Director; Jay Scherer, Airport Manager; Eric McCormick, Golf Course Superintendent; Meg Lojek, Library Director; Chris Curtain, Information Systems Manager; Nathan Stewart, Public Works Director; Also, in attendance were Dave Bingaman, Valley County Commissioner; Jim McNall, Idaho Counties Risk Management Program (ICRMP) 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 Sowers 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 April 11, 2019 Regular Meeting Page 1 of 10 Council for reading and study. Items listed are considered routine by the Council and were enacted with one motion. 1. Council Regular Minutes — January 3, 2019 2. Payroll Report for period ending March 22, 2019 3. Clerk License Report 4. Warrant Register — GL 5. Warrant Register — Vendor 6. AB 19-079 Request for Approval of the Rezoning Ordinance Summary: At its March 28, 2019 regularly scheduled meeting, the McCall City Council approved the documents for the Thompson Place Planned Unit Development General Plan (PUD-18-03), Subdivision Preliminary Plat (SUB-18-06), Zoning Amendment (ZON-18-03) application, appeal of P&Z Design Review (DR-18-52) denial, and associated Development Agreement. The summary for the Adopted Zoning Ordinance 978 was incorrect. This agenda bill presents the corrected version of the summary for Zoning Ordinance 978. Motion: Approve the publication of the summary for Ordinance 978 and authorize the Mayor to sign all necessary documents. 7. AB 19-080 Request for Approval of the Access and Utility Easement Agreement: R&D S Family LLC to City of McCall: The Planning and Zoning Commission's condition of approval #3 for land use application DR-19-03, was that the property owner (R&D S Family, LLC) grant an access and utility easement for the front 8.5 feet of their property at 125 W. Lake Street to the City of McCall. This easement will allow the City to utilize this land adjacent the ITD SH-55 ROW for the placement of utilities and other public infrastructure (i.e. future bike lanes, sidewalks, stormwater facilities, etc.). The easement agreement has been reviewed by legal counsel and signed by the property owner. Approving this agreement will allow the R&D S Family, LLC to complete their conditions of approval and, ultimately, receive a building permit for a minor addition to their existing residence. Motion: Approve the easement agreement between R&D S Family, LLC, authorize the Mayor to sign the agreement, and authorize the City Clerk to record the easement with Valley County. Council Member Giles moved to approve the Consent Agenda as submitted. Council Member Nielsen seconded the motion. In a roll call vote Council Member Giles, Council Member Nielsen, Mayor Aymon, Council Member Holmes, and Council Member Sowers all voted aye, and the motion carried. DEPARTMENT REPORTS Chamber of Commerce Shannon Berry of McCall Area Chamber of Commerce gave a report on membership and shared information on the Spring Membership Breakfast on May 16 at 8:00 a.m. at Blackhawk on the River showcasing the new website launch and Leadership Academy graduation, the next After Hours event will be on April 18 at Northwest Passage Bed & Breakfast, the Women Mix & Mingle is April 22 at 5:30 p.m. at Re/Max Resort Realty, the new board member and openings, and Unsung Hero Award nominations. MCCALL CITY COUNCIL April 11, 2019 Regular Meeting Page 2 of 10 City Manager City Manager Anette Spickard reported on Payette National Forest seasonal workforce housing meeting, civic campus meeting results scheduled to come before Council in June, the communication efforts with Idaho Department of Lands, the Idaho Fish and Game meeting about wildlife in the city, St. Luke's community focus group for a community health plan, special district elections and shared that the Recreation District will be on the ballot, and the Payette Lakes Recreational Water and Sewer District (PLRWSD) board elections, the creation of a new zone, and the need of a city applicant for the PLRWSD Board. Communication Manager Erin Greaves reported on the education efforts on bear -proof trash can use. Airport Airport Manager Jay Scherer answered questions regarding the Federal Aviation Administration payment issue, airport zoning, and snow mound issues around the triangle development area. Community Development Community & Economic Development Director Michelle Groenevelt answered questions about the bike friendly community application for national designation of pathways, and affordable housing development multi -family units. City Attorney Bill Nichols answered questions regarding rent control laws in Idaho and the State Urban Renewal District HB217. He referenced the upcoming Redevelopment Agencies of Idaho white paper explaining what HB217 will do and not do. Mayor Aymon commented the businesses she delivered the business packet too were well received. Golf Course Golf Superintendent Eric McCormick answered questions regarding plowing of the pathways next winter and community feedback, and the tent area. Parks & Recreation Parks & Recreation Director Kurt Wolf answered questions about an outdoor pickleball area and the pylons on the Wooley project. Public Works Public Works Director Nathan Stewart reported the new city engineer is arriving on May 6. He answered questions about the Black Bear Condos, the schedule on the downtown core project and call for bid, snow removal storage and clearing expenses, and the work project at 1st and Lenora Streets. Council Member Holmes asked staff to contact John at the Manchester Ice Event Center to let him know the status of the work being done there. COMMITTEE MINUTES The Council received the following Committee Minutes for review: 1. Public Art Advisory Committee — 2018 — November 26 2. Golf Advisory Committee — 2018 — July 11 3. Golf Advisory Committee — 2019 —February 13 4. Library Building Committee — 2019 — February 20 5. Library Building Committee — 2019 — March 6 MCCALL CITY COUNCIL April 11, 2019 Regular Meeting Page 3 of 10 6. Library Board of Trustees — 2019 — February 14 7. Local Option Tax Commission — 2018 — June 26 8. Local Option Tax Commission — 2018 — June 27 9. McCall Redevelopment Agency — 2019 — January 15 10. McCall Redevelopment Agency — 2019 — February 12 11. Planning and Zoning Commission — 2019 — February 5 12. Planning and Zoning Commission — 2019 — March 5 13. Tree Advisory Committee — 2019 — January 7 14. Tree Advisory Committee — 2019 — February 5 15. Tree Advisory Committee — 2019 — March 5 PUBLIC COMMENT Mayor Aymon called for public comment at 6:11 p.m. Ben Esplin of 2445 West Mountain Road, Donnelly supports the laws as they are. Not in support of the change for the Open Water Ordinance. He owns a boat rental business for both motorized and non -motorized does not feel there should be any argument about who uses the water. Justin Harrison of 3612 E. Rolling Green Place, Nampa shared he is a State Waterways committee member and Canyon County Waterways committee member with experience battling the Federal government and enforcement issues. He advised to slow the process down as this has become a national issue and passing laws right now may be difficult to rectify later. Sadie Noah of 481 Timm Street, McCall urged the Council to not make any decisions that will drastically affect the community. Justin Williams of 34 #5 Magnum Court, Donnelly stated he has started a petition against the Valley County ordinance. He went over the revenue statistics of tourism coming into the County. He spoke about the lack of resources for enforcement and what he considers to be unrealistic in the law such as the 1000 foot from shore and night speed limits. Mike Maciaszek of 1306 Roosevelt Ave, McCall questioned how the proposed changes is in the best interest of the community as no study has been done. He urged the Council to ask the County Commissioners to allow the City to lead the process for Payette Lake, so it can become a part of the McCall Comprehensive Plan. Does not feel any regulation that may have further reaching effects on our community, natural resources, and the economy should be implemented until or unless there are documented issues that cannot be resolved in other ways, until there are valid reports made public, until there is input from all stakeholders and the general public is included, and until all health, safety, environmental, and economic effects are thoroughly assessed and considered. He would like the Council to ask the Commissioners to delay any decisions until a study has been done and a Recreational Management Plan can be completed for Payette Lake. Julia Thrower of 905 Evergreen Drive, McCall provided comment of both herself and the Payette Lake Water Quality Council (PLWQC) of which she is the president. She shared the PLWQC is a community -based organization whose mission is to protect, preserve, and improve the water MCCALL CITY COUNCIL Page 4 of 10 April 11, 2019 Regular Meeting quality of big Payette Lake and watershed through education, scientific study, and conservation activities. They do not support the draft ordinance as written and feels it should exclude wake enhancement technology entirely. She spoke to the protection of the water quality, invasive species, public comment made at the County hearings about the erosion of the shoreline, and wave energy. Dan Wood of 1200 Shady Lane Loop, McCall stated he feels the ordinance is restrictive. He did some research with the State and has spoken with the City Public Works Director about water quality reports already completed and shared what he learned. All said, he is not in support of the changes. Mike Eck of 2183 Eastside Drive, McCall is for some change because he lives near the lake and has seen the erosion issue first hand and it is bad. He looks at this issue as a similar case as the Fourth of July issues and believe the Council should have the same approach. There are more monster boats now on the lake and with the wave technology, is destroying the quality of the lake and shoreline. He believes there needs to be newer regulations to deal with the issues of the new technology. He would like to see reports done but at the same time feels anyone can walk outside and look at the shorelines to see the damage being made to make an assessment. Vivian Driscoll of 1407 Warren Wagon Rd, McCall stated she lives on the lake and is concerned about the quality and preservation of the lake, water wildlife, etc. She believes there needs to be a compromise but changes still need to be made. Susan Bechdal of 1401 Hwy 55, McCall shared an excerpt from the Big Payette Water Quality Act enacted by the State of Idaho in 1998 specifically addressing Payette Lake requiring coordinated State and local action to protect, preserve, and improve the water quality of the lake. She feels it is important to address user conflicts but also take into consideration this is McCall's source of drinking water. She commended a previous Council for creating a 300 foot no wake zone and for enacting the alcohol restriction on the Fourth of July. She asked the Council to look to what needs to be done to protect the drinking water and provide that input to the County Commis sioners. Haden Tanner of 1312 Dawson Ave, McCall supports water sports, specifically for the quality of life it creates for his children and how it helped his 10-year old recover from knee surgery by surfing. His biggest concerns with the ordinance are over regulation, difficulty of enforcement, and damage to the area's economy as recreation is its number one revenue source. He is not in favor of the changes and feels it would be a better course of action to increase the Sheriffs staff and enforce the current regulations to alleviate these issues. Deb Fereday of 315 Burns Road, McCall and secretary of the Big Payette Water Quality Council supports the ban of the deployment of wet technology but not necessarily the boat size. She compared the size of other Idaho lakes to Payette Lake showing the drastic difference in square miles and shared a story of someone she knows who traded their ski boat for a wake boat because they could no longer water ski due to the wave activity. She feels the wave technology is creating havoc for other water recreationists and believes that should be taken into consideration. MCCALL CITY COUNCIL Page 5 of 10 April 11, 2019 Regular Meeting Rick Fereday of 315 Burns Road, McCall shared what he has dealt with, personally, at the Marina because of the wave activity including damage to boats, docks, and shoreline. He said some boat manufacturers are boasting their 2019 boats to have wave heights of 44 inches. He would like the Council to ask the Commissioners to ban wave technology from Payette Lake. Dean Hovdey of 1401 Stone Lane, McCall spoke to the process and does not believe the Council is informed enough to make any decision. He asked the Council to go slow and get more information before making a decision. Eric Hovdey of 1120 W. Lake Street, McCall referenced a scientific study by the Water Sports Industry Association and encouraged the Council to read it. He would like the process slowed down and time taken to be well informed. David Simmonds of 506 Sunset Street, McCall applauded the work of the Commissioners but feels limits and compromises are both necessary. He spoke about erosion exposing sewer lines along the shoreline and the lake is too congested to withstand the wake technology. He asked the Council to support the work of Commissioners, support a specific waterway ordinance, and a specific requirement for Payette Lake. Lynn Lewinsky of 606 Syringa, McCall like to see the City more empowered on what happens on the lake, would like to see a strong partnership with County, and a water protection plan. Aden Moore of 184 Deedee Lane, McCall moved here to do water surfing. He is against the ban and shared a report that stated wind storm damage was more devasting compared to wake boats. The 1000-foot limit will drastically reduce boat use and create safety issues with boat congestion in such a small area. Tony Moss of 4076 Wagon Road, McCall spoke to the damage to the shoreline. He lives on along the water and has seen a lot of damage to the shoreline and docks especially over the last five years. He is not against these types of boats but feels something needs to be done. Chad Jewel 62 Salmon Loop, Donnelly, owner of Inland Marine, spoke to the damage he has seen to the beaches and docks. His job is to repair docks which has become more frequent. The docks use to be fairly stationary in the water but because of the wakes are being battered apart. He does not support the 1000-foot limit because it makes it very difficult to install buoys in that depth and the safety issues from boat congestion. He shared story of rescuing an elderly man and his grandson whose kayaks were capsized by a wake boat that went by. He made the suggestion of boat ambassadors. Hearing no further comments, Mayor Aymon closed the comment period at 7:01 p.m. BUSINESS AGENDA AB 19-082 Parks and Recreation Advisory Committee Member Appointment Parks & Recreation Director Kurt Wolf presented the Parks and Recreation Advisory Committee Member Appointment. The City recently advertised for three full term and one partial term MCCALL CITY COUNCIL April 11, 2019 Regular Meeting Page 6 of 10 positions on the Parks & Recreation Advisory Committee in both the Star News and on the City Website for two full weeks. Staff received response from seven individuals interested and the Council filled those positions at their March 14, 2019 meeting. Upon review of the committee's by-laws it was determined that the committee has an additional open seat. The committee and staff have reviewed the four remaining letters of interest and recommend the City Council reconsider Larry Hauder's letter of interest along with the advisory committee's recommendation for his appointment. Council Member Giles moved to appoint Larry Hauder to the Parks and Recreation Adivsory Committee for a 3 year term. 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 19-083 Request for Approval of Consultant B133 Contract and Letter of Approach for Library Expansion Design and Construction Administration Library Director Meg Lojek presented the Consultant B133 Contract and Letter of Approach for Library Expansion Design and Construction Administration. In 2016, the McCall Public Library Board of Trustees commissioned a Building Expansion Committee to use FY16 LOT funds to conduct a conceptual design study and space programming for a library expansion. Humphries Poli Architects was unanimously chosen for this exciting project. The results of the 2016 study along with a preliminary budget estimate (available on the library website and in the library) were presented to City Council and the Library Board of Trustees. The City and the Library Board have agreed to jointly fund the cost of the expansion project. The City included preliminary architectural design, engineering and planning costs in the City's Capital Improvement Plan budget adopted for FY19. The library team is focused on private fundraising for capital construction costs. Community support remains high. In a recent work session with the Library Board and representatives of the Building Expansion Committee, Council gave direction to proceed with the use of the Construction Manager/General Contractor method (CM/GM) and selection of a project architect and construction manager. After consultation with the City Manager and City Attorney, the Trustees determined it was legally allowed and in the best interest of the City to enter negotiations with Humphries Poli for the next phase of architectural design. A request for proposal for a Construction Manager has been advertised and three firms have been interviewed. The award of that contract will come to Council at a future meeting. Draft Contract B133 with Humphries Poli is under final legal review. It includes: • Phase 1- Confirmation (reviewing the original plan 2 years later with all stakeholders) • Phase 2- Create (producing a schematic design) • Phase 3- Design development (presentations with diagrams, sketches, models and public charettes) • Phase 4- Final construction documents allow pricing, permitting and construction by the CM/GC • Phase 5- Realization (bidding construction observation) Staff answered questions regarding the contract scope and finances. City Attorney Bill Nichols clarified the definition of instruments of service and contract pieces. Library Director Lojek MCCALL CITY COUNCIL Page 7 of 10 April 11, 2019 Regular Meeting addressed the 2016 conceptual design's removal of city offices as one model but those specifics could change depending on the City campus plan is developed. Staff clarified on the contract budgetary numbers. Council Member Holmes moved to approve the B133 contract for Library Expansion design with Humphries Poli Architects, and authorize the Mayor to sign all necessary documents, pending legal review. 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. AB 19-078 Valley County Waterways Ordinance Discussion Parks & Recreation Director Kurt Wolf presented Valley County Waterways Ordinance Discussion. The County Commissioners have further revised the proposed Valley County Waterways Ordinance based on recent public comments and recommendations from the County Waterways Committee. The new draft ordinance will be open for public comment during two public hearings in April. (April 22 in Cascade, and April 23 in McCall). The City of McCall has historically worked closely with all the agencies, users, and advisory groups that are associated with both the recreational opportunities and environmental factors associated with Big Payette Lake that will ultimately be impacted by the proposed ordinance. Currently, the City of McCall is largely responsible for the Flood Plan Administration around the lake and land development at and above the high-water mark within the impact area. Staff and the Council discussed the issues raised. Council Member Sowers stated all the items were addressed in the letter to Commissioners except for the 1000-foot limit as that item was added after the letter was sent. Council Member Nielsen would like to see the City have some control over Payette Lake. He does not like the ordinance as it stands and feels the 1000-foot wake is outlandish. He would like more information and involvement, does not see the need to change what is already is in place, would like to monitor the status quo, and start working on solutions. Council Member Holmes is uncomfortable with how the ordinance reads, feels the 1000-foot limit creates safety problems, and stated she would like to see more facts about the issue. Council Member Giles would like to review information before taking any action. Mayor Aymon reiterated this is the County's time schedule and ordinance. Her concerns are water quality, health and safety, and damage issues. She would like to see a capacity study completed as the wave activity has impacts to McCall with erosion, launch sites, city docks, and financial responsibility of those impacts. She suggested a launch fee to help offset those costs and to pay for a washing station. Parks & Recreation Director Wolf shared what he has learned at Waterway meetings, how the depth of the water at the shoreline affects the amount of damage, and how past ambassador programs have helped. Council Member Giles would like to know what other lakes communities and States have done to mitigate the issues. Council Member Sowers would like to know how many of these boats operate on the lake, see a Sheriff s report on past enforcement, and if there is a device that can determine the height of the wake to allow adequate enforcement. There are many users on the lake and many rent watercrafts and don't know the rules, so education is important. Council Member Nielsen MCCALL CITY COUNCIL Page 8 of 10 April 11, 2019 Regular Meeting pointed education is ineffective if adequate enforcement is not in place and feels he cannot make any recommendation without more information regarding Payette Lake. It was suggested a survey made of who is using the lake and of the citizens who live along the shorelines. There was a discussion on a capacity study, cost sharing, and some surveys put out. City Attorney Nichols made some suggestions on what kind of survey data to collect of dock and property owners and the kind of information needed in the study of the lake itself After some additional discussion, the consensus of the Council was to encourage the Commissioners to keep the current ordinance until some studies could be completed, work with the State and County on solutions and work together to gather data, look at water quality issues, and address how to deal with an invasive species. Each would like to see each lake addressed differently and investigate the possibility of limiting the number of boats allowed on the lake. AB 19-077 Request Council Consider a Streaming Test Time Frame as a Part of FY19 Public Involvement Communication Manager Erin Greaves presented the Streaming Test Time Frame as a part of FY19 Public Involvement. On March 28th, Council gave direction to Communications Staff to discover if Council meeting streaming could be done on the city's website as the main location. Concerns of Council included ability for those without social media accounts to view easily and using a smaller testing timeline to make sure quality was adequate, while staff noted the main issues of file storage requirements and other technical hurdles. Council instructed Communications to return with a new plan that aims to solve these issues. She discussed web streaming, the archival of the videos, the use of YouTube, Facebook, and the City website. A trial run is schedule for the May 9 Council meeting with the goal to evaluate the process and to make the determination to move forward, hold and invest in better equip, or to table the project. Council discussed and directed staff to complete technical streaming test runs of the May 9, May 23, June 13, and June 27 Council meetings and bring the results for a discussion at the first meeting in July as a part of the FY19 public involvement initiative. AB 19-081 ICRMP Training — Ethics in Government and Council Roles and Responsibilities Presentation Jim McNall, Risk Management Specialist from Idaho Counties Risk Management Program (ICRMP) presented the training of Ethics in Government and Council Roles and Responsibilities. As a member -owned self-insurance pool, ICRMP provides property and liability insurance coverage and risk management resources to Idaho local governments. More than 950 Idaho counties, cities, schools and special purpose districts pool their resources together through ICRMP to obtain greater buying power for insurance. Being an ICRMP member means you can rest assured that everything we do directly benefits you and your public agency. Idaho has several statutes governing ethics and conflict of interest that apply to city officials: The Ethics in Government Act of 2015; prohibitions on contracts with officers; the Bribery and Corrupt Influence Act; and specific laws relative to conflicts of interest for planning and zoning, urban renewal agencies and local improvement districts. Idaho law outlines the duties of Council, parts of those duties include adopt personnel, financial, investment, purchasing, and other policies governing city operations by resolution. MCCALL CITY COUNCIL Page 9 of 10 April 11, 2019 Regular Meeting Mr. McNall covered the roles of the Council, Mayor, and City Manager discussing the difference between a strong Mayor and a City Manager styles of government, responsibilities of the Council, and a multitude of ethical issues. He shared stories of his experiences over the years with a variety of issues and the poor choices made by elected officials and the consequences that transpired. He talked about and answered questions regarding disclosure issues, gifting, lobbying of each other outside the Council chambers or of potential incumbents, statutes regarding hiring family, whistleblowers, who is responsible for public record requests, and contracts. Upcoming Meetings Schedule Discussion Council discussed upcoming meetings. Due to personal reasons, Council Member Holmes will be absent for the May 23-24 meetings and on June 13 Council Member Nielsen will absent. ADJOURNMENT i Without further business, Mayor Aymon adjourned the meeting at 9:21 p.m. imittsig 0% v Nice I ��* �`�� 4e , • • �� a�, s S. . M ATTEST: = * L > __ 1.' �� x n a Z. BessieJo Wa_.° er, City kiu►► v (. ie J. AymMayor MCCALL CITY COUNCIL Page 10 of 10 April 11, 2019 Regular Meeting