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Home My Public Portal About2019.05.23 Coucil Regular MinutesMINUTES McCall City Council Regular Meeting McCall City Hall -- Legion Hall May 23, 2019 Call to Order and Roll Call Pledge of Allegiance Approve the Agenda Consent Agenda 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 Nielsen, and Council Member Sowers all answered roll call. Council Member Holmes was absent. City staff members present were Anette Spickard, City Manager; Bill Nichols, City Attorney; Shay Tyler, Deputy Clerk; Erin Greaves, Communications Manager; Linda Stokes, City Treasurer; Michelle Groenevelt, Community and Economic Development Director; Delta James, Economic Development Planner; Jay Scherer, Airport Manager; Nathan Stewart, Public Works Director Also, in attendance were Claire Remsberg, McCall Public Art Advisory Committee; Heidi Carter, Horrocks Engineers (via phone) Mayor Aymon led the audience in the Pledge of Allegiance. APPROVE THE AGENDA Council Member Nielsen moved to approve the amended 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 May 23, 2019 Regular Meeting Page 1 of 8 Council for reading and study. Items listed are considered routine by the Council and were enacted with one motion. 1. Council Regular Minutes — January 17, 2019 2. Council Regular Minutes — February 28, 2019 3. Council Special Minutes — April 26, 2019 4. Payroll Report for period ending May 3, 2019 5. Clerk License Report 6. Warrant Register — GL 7. Warrant Register — Vendor 8. AB 19-111 Request to Proclaim June 2019 as General Aviation Month: Each year the City receives a request form Josh Grossman with Alliance for Aviation Across America, requesting that the City do a proclamation proclaiming June as General Aviation Month. He stated this month the Governor has re -issued a proclamation declaring it General Aviation Month in Idaho. The City of McCall has done similar proclamations the last three years. Motion: Proclaim June 2019 as General Aviation Appreciation Month in McCall and authorize the Mayor to sign the proclamation. 9. AB 19-110 Request for a Fireworks Display Permit by the Sabala Foundation: The Sabala Foundation is submitting a request and application for a June 29, 2019 Fireworks Display for the RJS Foundation Tournament. The Fireworks Display will be free and open to the public. Attached is an application for a Fireworks Display for Council approval. McCall City Code states the following as it relates to Fireworks Displays: 5-3-430: PERMITTED POSSESSION: (A) A recognized civic organization having a genuine, material existence and purpose separate from obtaining a permit under this Section, may make application for a permit for a fireworks display, to be held in connection with a national holiday or special local event. The application shall be made to the City Clerk, who shall route it through the police chief and fire chief and to the mayor and council. The mayor may make or direct such investigation as he may deem appropriate. The permit shall be issued or denied by the mayor and council, considered for these purposes to be the fire prevention bureau, based upon consideration of the nature of the occasion, the nature of the applicant, and the public safety. Any permit issued under this subsection shall be limited to one time only for which issued. This has been signed off by the Police Chief and Fire Chief Motion: Approve the Fireworks Display Permit for the Sabala Foundation for June 29, 2019 and authorize the Mayor to sign all necessary documents. 10. AB 19-113 Assignment of Hangar 552 to The Peter B. Scott and Becky Scott Trust of 1999: Peter and Becky Scott wish to assign the lease of Hangar 102 grounds to their trust, The Peter B. Scott and Becky Scott Trust of 1999. The FY19 lease rate was $.294/sq ft covered ground. This leasehold has 1,512 sq ft covered ground making the lease amount $444.31 The rate for a new lease in FY 19 is $.312, so this lease will adjust to the current rate. As the processing cost to collect the difference in lease rate ($11.43) would exceed the amount collected, we will assess the new rate beginning with the FY20 billing cycle. The initial term of the lease ends December 28, 2026 with the opportunity for four (4) five (5) year lease extensions. This lease assumption was assessed a $200 processing fee. Motion: Approve the assumption of the Hangar 552 lease by The Peter B. Scott and Becky Scott Trust of 1999, terminate Peter B. Scott & Rebecca A. Scott interest in the lease at time of closing, and authorize the Mayor to sign all necessary documents. MCCALL CITY COUNCIL Page 2 of 8 May 23, 2019 Regular Meeting 11. AB 19-114 Treasurer's Report as Required by IC 50-208: Treasurer's report of accounts and activity of office during the month of April 2019 regarding care, management, or disposition of moneys, property, or business of the City. Motion: The Council shall examine the report and determine whether additional information from the Treasurer is required. Council Member Giles moved to approve the Consent Agenda as submitted. Council Member Sowers seconded the motion. In a roll call vote Council Member Giles, Council Member Sowers, Mayor Aymon, and Council Member Nielsen all voted aye and the motion carried. PUBLIC COMMENT Mayor Aymon called for public comment at 5:31 p.m. Cindy Taylor of 411 E. Deinhard Lane #101 shared her concerns about the alleyway running behind Ice Cream Alley and Manchester Ice Event Center. She asked the City to consider turning it into a one-way street due to safety and the amount of child -oriented businesses in that area. She has seen people almost get hit along that road way. She suggested painting some arrows and putting in a stop sign to delineate where the sidewalk is on 3rd Street in comparison to the alleyway exit. She would like to see this done now when the road is being marked this summer. She feels it would be smoother and safer to run the one-way heading east to stop congestion on 3rd Street. Hearing no comments, Mayor Aymon closed the comment period at 5:36 p.m. BUSINESS AGENDA AB 19-106 Public Art Advisory Committee Annual Report to City Council Claire Remsberg, Chair, Public Art Advisory Committee (PAAC) presented the annual report. The mission of the PAAC is to make recommendations to City Council regarding public art projects and policies within the City of McCall. The PAAC was formed in 2012 by resolution of City Council (Resolution 12-13), consisting of five members appointed by City Council. Members are appointed to three-year terms, which are renewable. Ms. Remsberg shared the different artwork that has been installed around town and in the parks over the last few years highlighting hometown art by local high school students at the bus stops. The current ongoing project is the installation of art on Lardo Bridge. She shared information about the artist and the selection process with a projected completion date in late summer 2019. She talked about the selection process for the Downtown art, the cost savings with incorporating it with the street/sidewalk reconstruction project, and where the funding dollars came from including private donation. She expressed disappointment it did not receive approval so now the committee is going back to the drawing board to see what other options can be had. MCCALL CITY COUNCIL Page 3 of 8 May 23, 2019 Regular Meeting AB 19-107 Request to approve submittal of a STEM Action Center Public -Private Partnership (P3) grant application for the McCall Public Library Expansion Project Economic Development Planner Delta James presented the STEM Action Center Public -Private Partnership (P3) grant application for the McCall Public Library Expansion project. The Public - Private Partnership (P3) program of the Idaho STEM Action Center provides public funding match of private donations (up to 50% of the private donation amount) to support projects that further student learning and achievement in science, technology, engineering and math (STEM). Conversations with STEM Action Center staff indicate that the McCall Public Library Expansion Project which will enable an expanded educational curriculum for youth and adults is an eligible project for the P3 program. The Library received a $10,000 grant from the STEM Action Center in 2018 to support regional development of STEM education so has a track record of success with the grant provider. The anticipated grant request is $50,000 which will be matched by $100,000 in private donations contributed to the Library Foundation. This minimum 1:2 match from privately sourced donations is a grant program requirement. Funds are awarded through the STEM P3 program throughout the fiscal year and there is no definitive grant application deadline. However, staff intend to submit the application by June 15, 2019 so the request will be considered at the beginning of the STEM Action Center's new fiscal year. Council Member Nielsen moved to approve submittal of a STEM P3 grant application for the Library Expansion Project and authorize the Mayor to sign all necessary documents. Council Member Sowers seconded the motion. In a roll call vote Council Member Nielsen, Council Member Sowers, Mayor Aymon, and Council Member Giles all voted aye, and the motion carried. AB 19-112 Request for Approval to Submit an Application for Airport Improvement Program Grant for Pre -Design of Parallel Taxiway Relocation Project Airport Manager Jay Scherer presented the application for the Airport Improvement Program Grant for Pre -Design of Parallel Taxiway Relocation Project. The City of McCall (Sponsor) is developing a separate Scope of Work (SOW) for a project to relocate the full-length parallel taxiway at the McCall Municipal Airport (KMYL) in McCall, Idaho; however, several aspects of the project needs to be confirmed or potentially changed from what is shown on the current and approved 2007 Airport Layout Plan. This Pre -Design Study is intended to answer the outstanding question(s) so that the engineering design can continue. Tasks include preparing an aviation demand forecast, determining design aircraft, developing alternatives, and updating the Airport Layout Plan. He shared a $10.7 million -dollar grant has been awarded. It is a No Match grant which will allow the City to fix a plethora of issues and projects including wildlife fencing, jet parking relocation, single piston parking relocation, and new paint lines. Council Member Sowers moved to approve submission of the grant application for an FAA Airport Improvement Program grant for pre -design work to relocate the parallel taxiway 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, and Council Member Nielsen all voted aye, and the motion carried. MCCALL CITY COUNCIL Page 4 of 8 May 23, 2019 Regular Meeting AB 19-109 Request for approval of an Agreement for Professional Services With T-O Engineers — Relocate Parallel Taxiway Pre -Design AIP-26 Airport Manager Jay Scherer presented the agreement for Professional Services with T-O Engineers — Relocate Parallel Taxiway Pre -Design AIP-26. The City of McCall (Sponsor) is developing a separate Scope of Work (SOW) for a project to relocate the full-length parallel taxiway at the McCall Municipal Airport (KMYL) in McCall, Idaho; however, several aspects of project need to be confirmed or potentially changed from what is shown on the current and approved 2007 ALP. This Pre -Design Study is intended to answer the outstanding question(s) so that the engineering design can continue. Tasks include preparing an aviation demand forecast, determining design aircraft, developing alternatives, and updating the Airport Layout Plan. The costs associated with this agreement have been compared to an independent fee estimate for similar work created for a project in Nampa. The record of negotiation and both estimates were reviewed by the Federal Aviation Administration and they have concurred the amount proposed by T-O Engineers in the amount of $66,926.12 is reasonable and eligible for reimbursement under the AIP grant. Council Member Giles moved to approve Agreement for Professional Services with T-O Engineers for AIP-26 the pre -design to relocate the parallel taxiway and authorize the Mayor to sign all necessary documents. Council Member Sowers seconded the motion. In a roll call vote Council Member Giles, Council Member Sowers, Mayor Aymon, and Council Member Nielsen all voted aye, and the motion carried. AB 19-105 Request to Award the McCall Downtown Core Reconstruction - Park Street and Veteran's Alley: Phase 2A Surface Improvements contract to Knife River Corporation Heidi Carter of Horrocks Engineers joined via phone at 5:56 p.m. Public Works Director Nathan Stewart presented the award recommendation for the McCall Downtown Core Reconstruction — Park Street and Veteran's Alley: Phase 2A Surface Improvements contract to Knife River Corporation. The McCall Downtown Core Reconstruction — Phase 2A - Park Street and Veteran's Alley project consists of sub -surface water, sewer, stormwater utility replacement/reconstruction that will occur on Park Street and Veteran's Alley (behind Umpqua Bank and Hometown Sports). The overall site plan of the project identifies the proposed utility improvements. The project is being completed in collaboration with the Payette Lakes Recreational Water and Sewer District (PLRWSD) to maximize efficiency and minimize cost. PLRWSD unanimously approved the project on Council's decision at their May 21, 2019 meeting and an interagency agreement has been prepared. The project (2A) is the first half of Phase 2 of the Downtown Core Reconstruction project. Phase 2A (subsurface utilities) will be constructed during summer and fall 2019. Phase 2A will require at least 63 days to construct and will begin in late July and be completed in mid -October. A second half (Phase 2B) is planned for Summer 2020. Phase 2B will reconstruct the surface infrastructure (roadway, on -street parking, sidewalks, landscaping, illumination) on Park Street and Veteran's Alley. MCCALL CITY COUNCIL Page 5 of 8 May 23, 2019 Regular Meeting During April 2019, the City, with the assistance of Horrocks Engineers, conducted formal bidding for the Park Street and Veteran's Alley — Phase 1B Surface Improvements construction contract. The bid opening was held on May 1, 2019. One responsive bid, by Knife River Corporation was received. Public Works Director addressed the public comment and thought her suggestions were good ideas and the engineering team will be looking at these issues as well. Staff answered questions about the percentage and explained the overage above the estimated costs. The sequencing of the underground work is set up to be done in late summer/early fall and would be delayed for over a year if Council wants to deny the award and rebid. It would also cause additional issues with the downtown businesses. Council Member Giles moved to award the Park Street and Veteran's Alley — Phase 2A Surface Improvements contract to Knife River Corporation in the amount of $1,072,141 and authorize the Mayor to sign all necessary documents. Council Member Sowers seconded the motion. In a roll call vote Council Member Giles, Council Member Sowers, and Mayor Aymon voted aye, Council Member Nielsen voted no, and the motion carried. AB 19-108 Request to Approve the McCall Downtown Core Reconstruction — Phase 2A - Park Street and Veteran's Alley: Interagency Agreement for Street Repair/Sewer Repair Public Works Director Nathan Stewart presented the McCall Downtown Core Reconstruction — Phase 2A - Park Street and Veteran's Alley: Interagency Agreement for Street Repair/Sewer Repair. In accordance with the Section 9.8.1 of the Agreement of Annexation Plan, Property Transfer, and Agreement of Operations Subject to the Conditions Precedent, approved May 25, 2017 by the City of McCall and the Payette Lakes Recreational Water and Sewer District (PLRWSD), both agencies have collaborated in planning and designing the Downtown Core Reconstruction — Phase 2A Project. This infrastructure project includes water, stormwater and streets improvements to be funded by the City as well as sewer improvements intended to be funded by PLRWSD within the City's right-of-way. The Interagency Agreement for Street/Sewer Repair (i.e. Agreement) outlines project related expectations, obligations, and operational procedures to be followed by both agencies through the execution of the City's construction contract with the General Contractor and the City's task order for Construction Engineering and Inspection (CE&I) by their consultant, Horrocks Engineers. Specifically, the Agreement addresses the authority and roles of both the City and PLRWSD to execute construction management activities including pay application approval, change order approval, and reimbursement by PLRWSD to the City for agreed upon sewer infrastructure and other shared project costs. Ultimately, this Agreement formalizes each Agency's commitment to execute the project and its associated costs. Council Member Sowers moved to approve the Downtown Core Reconstruction Phase 2A — Interagency Agreement with Payette Lakes Recreational Water and Sewer District for Street Repair/Sewer Repair and authorize the Mayor to sign all necessary documents. Council MCCALL CITY COUNCIL Page 6 of 8 May 23, 2019 Regular Meeting Member Giles seconded the motion. In a roll call vote Council Member Sowers, Council Member Giles, Mayor Aymon, and Council Member Nielsen all voted aye, and the motion carried. Heidi Carter of Horrocks Engineering exited the meeting at 6:06 p.m. AB 19-104 Request to Adopt Ordinance 979 Updating the McCall City Code Chapter 11 Nonconforming Use, Structure or Development Code — CA-18-03 Community & Economic Development Director Michelle Groenevelt presented the adoption of Ordinance 979 Updating the McCall City Code Chapter 11 Nonconforming Use, Structure or Development Code — CA-18-03. The nonconforming use chapter was the topic that came up the most in the public outreach for the McCall Area Comprehensive Plan and Code Workshop. Specifically, the comments identified issues with remodeling, energy efficiency upgrades, and preservation of historic structures. Issues with nonconforming structures were mostly based on projects located on Payette Lake. It is the intent of this chapter to permit these nonconformities to continue until they are removed and to allow for the routine maintenance, excepting energy efficiency upgrades and preservation of historic structures, but not to encourage their perpetuation. At the April 2, 2019 meeting, the McCall Area Planning and Zoning Commission recommended approval of the code updates. The item was presented to City Council on May 9, 2019 with a public hearing. The Proposed Ordinance — CA-18-03- was revised for a different effective date and some minor edits. At the meeting, staff stated that the effective date should be January 1, 2020. After further review, it was determined July 1, 2019 would be a better effective date. This would allow time for the ordinance to be approved by Valley County, allow design review of this year's Shoreline projects, but also allow for the relaxations to occur this construction season. Staff recommends Council include the July 1, 2019 effective date in the Ordinance. Council Member Sowers moved to read by Title only, one time only, Ordinance 979. Council Member Giles seconded the motion. In a roll call vote Council Member Sowers, Council Member Giles, Mayor Aymon, and Council Member Nielsen all voted aye, and the motion carried. Deputy Clerk Shay Tyler read Ordinance 979: An Ordinance of the City Of McCall, Valley County, Idaho repealing Chapter 11, Nonconforming Buildings, Structures and Uses, of Title 3, Planning and Zoning, of the McCall City Code, & reenacting Chapter 11, Nonconforming Use, Structure or Development, of Title 3, Planning and Zoning, of the McCall City Code, for the purpose of streamlining the process, facilitating administration, clarifying the chapter so as to eliminate the administrative determination, allowing additions under 25% to existing nonconforming structures within the shoreline zone, promoting and allowing for energy efficiency improvements, allowing for exceptions to the 10% repairs and maintenance provisions for historically significant buildings, and allowing for approval of style changes when restoring to a safe condition any nonconforming structure or part thereof declared to be unsafe by the Building Inspector. Council Member Sowers moved to adopt Ordinance 979 Updating the McCall City Code Chapter 11 Nonconforming Code - CA-18-03, authorize the publication of the summary, and MCCALL CITY COUNCIL Page 7 of 8 May 23, 2019 Regular Meeting 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, and Council Member Nielsen all voted aye, and the motion carried. Upcoming Meetings Schedule Discussion Council discussed upcoming meetings. Council Member Nielsen will be absent at the June 13 meeting. Mayor Aymon would like a meeting planned with the Environmental Advisory Committee regarding the new changes in the recycling industry and possibly tie together with the Lakeshore Disposal Annual report. EXECUTIVE SESSION At 6:20 p.m. Council Member Giles moved to go into Executive Session for: • Litigation — 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. Council Member Nielsen seconded the motion. In a roll call vote Council Member Giles, Council Member Nielsen, Mayor Aymon, and Council Member Sowers all voted aye and the motion carried. Council discussed a litigation issue. RETURN TO OPEN SESSION At 6:27 p.m. Council Member Giles moved to return to Open Session. Council Member Sowers 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 6:28 p.m. ATTEST: ' * �•,r ��p►��urrrrq�� Av = SEAL so essieJo W. er, City C rk MCCALL CITY COUNCIL May 23, 2019 Regular Meeting Page 8 of 8