HomeMy Public PortalAbout2019.06.27 Regular Council Meeting
MINUTES
McCall City Council
Regular Meeting
McCall City Hall -- Legion Hall
June 27, 2019
Call to Order and Roll Call
Pledge of Allegiance
Approve the Agenda
Consent Agenda
Public Hearing
Public Comment
Work Session
Business Agenda
Adjournment
CALL TO ORDER AND ROLL CALL
Mayor Aymon called the regular meeting of the McCall City Council to order at 5:00 p.m.
Mayor Aymon, Council Member Holmes, Council Member Nielsen, and Council Member
Sowers all answered roll call. Council Member Giles was absent.
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; Morgan Bessaw, City Planner; Jay Scherer, Airport Manager; Meg Lojek,
Library Director; Nathan Stewart, Public Works Director
Planning and Zoning Commission members present were Falon Fereday; Rob Lyons; Sam
Clements
Also, in attendance was Steve Millemann, Millemann Pemberton & Holm LLP; Diane Kushlan,
Kushlan Associates; Dave Peugh, Epikos Design; Steve Wood, Black Bear Condos; Legrand
Bennett, Bennett Architect, Inc.;
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
Nielsen seconded the motion. In a voice vote all members voted aye and the motion carried.
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June 27, 2019 Regular Meeting
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
Council for reading and study. Items listed are considered routine by the Council and were enacted
with one motion.
1. Council Regular Minutes – May 9, 2019
2. Council Special Minutes – May 24, 2019
3. Council Regular Minutes – June 13, 2019
4. Payroll Report for period ending June 14, 2019
5. Clerk License Report
6. Warrant Register – GL
7. Warrant Register – Vendor
8. AB 19-134 Request to accept the Treasurer’s Report as Required by IC 50-208:
Treasurer’s report of accounts and activity of office during the month of May 2019
regarding care, management, or disposition of moneys, property, or business of the City.
Action: The Council shall examine the report and determine whether additional
information from the Treasurer is required.
9. AB 19-141 Request for a Fireworks Display Permit by the McCall Area Chamber of
Commerce: The McCall Area Chamber of Commerce is submitting a request for a
firework display permit. They have executed an agreement with Garden State Fireworks,
Inc. for conducting a firework display over Payette Lake. The application has been
approved by both the Police Chief and the Fire Chief. Motion: Approve the firework display
permit for July 4, 2019 and authorize the Mayor to sign all necessary documents.
10. AB 19-140 Request to Proclaim July 6, 2019 as Dr. Amy Hoover Day in McCall: Dr.
Amy Hoover will be presenting the keynote seminar titled “Life is Not a Straight Line, so
Follow Your Dreams!” at the Airport Open House Saturday July 6, 2019. Dr. Hoover was
a co-founder of the locally based and internationally acclaimed McCall Mountain/Canyon
Flying Seminars and is currently a full professor at Central Washington University. The
proclamation declares July 6, 2019 Dr. Amy Hoover Day in McCall in appreciation for
sharing her unique knowledge with the citizens of McCall. Motion: Proclaim July 6, 2019
to be Dr. Amy Hoover Day in the City of McCall and authorize the Mayor to sign the
proclamation.
Council Member Holmes moved to approve the Consent Agenda as submitted. Council
Member Sowers seconded the motion. In a roll call vote Council Member Holmes, Council
Member Sowers, Mayor Aymon, and Council Member Nielsen all voted aye and the motion
carried.
PUBLIC HEARING
AB 19-138 Request for Approval of Planned Unit Development General Plan (PUD-19-02),
Subdivision Preliminary Plat (SUB-19-02), and the Associated Development
Agreement for Black Bear Condos
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Mayor Aymon opened the Planned Unit Development General Plan (PUD-19-02), Subdivision
Preliminary Plat (SUB-19-02), and the Associated Development Agreement for Black Bear
Condos public hearing at 5:32 p.m.
Steve Wood, applicant, introduced himself as the owner of Black Bear Condos.
City Planner Morgan Bessaw presented the Planned Unit Development General Plan, Subdivision
Preliminary Plat, and associated development agreement to construct a 26-unit condominium
development on a parcel within 150 feet of Deinhard Lane, a designated Scenic Route. Four units
are proposed to be deed restricted for local housing. The parcel is in close proximity to the McCall
Airport and in subject to the Airport Zone Height Limitations. The design of the project has
considered the required height limitations and placed the parking on the western portion of the
parcel and the project steps up in height as it moves east.
During its regularly scheduled May 7, 2019 meeting, the McCall Area Planning and Zoning
Commission (PZC) held a properly noticed public hearing and recommended the Planned Unit
Development General Plan, Subdivision Preliminary Plat, and associated development agreement
for Black Bear Condos on 116 Thula Street to City Council for approval. The Commission also
approved the associated Design Review and Scenic Route applications.
Steve Millemann, attorney for the applicant, went over the details of the application and explained
the local housing deed restrictions. Dave Peugh, Epikos Design, described the property and
landscaping, parking, and materials and design of the building. The City Arborist was involved in
creating a plan for preservation of the large trees. Mr. Millemann explained the development
agreement and answered questions. He clarified for Council Member Holmes the setbacks and the
12-foot strip. There was a brief discussion regarding the 12-foot strip.
City Planner Bessaw presented the following alleviations from the development standards which
was requested by the applicant:
1. Mixed Use Requirement: Per MCC 3.4.04(D) Residential uses are allowed in the CC zones
provided that at least 50% of the ground floor area is dedicated to commercial or public
uses. For this project, the owner is proposing to provide an area equal to 50% of the ground
floor area for deed restricted local housing. This project includes a total of 6,700 sq. ft. of
ground floor area, the applicant proposes to restrict four dwelling units totaling 3,468 sq.
ft. for Local Housing, which is in excess of 50% of the ground floor area. Portion of the
four units restricted will be located on the ground floor, but there will also be portions
located on the second or third floors of the project. They will consist of three two-bedroom
units and one studio unit.
2. Parking: Per MCC 9.2.085, two parking spaces are required for each residential unit in a
condominium project, plus an additional 10’ x 20’ space for every two units. The applicant
is instead proposing to provide 1.5 spaces for each residential unit for the following
reasons: the units are small in size, seven of which are studios, the proximity to town and
public transportation, and to preserve the trees on site. Additionally, MCC 3.8.062 only
requires 1.5 units for apartments or multi-family projects that are not condo minimized,
which would support the applicants proposed parking plan.
3. Setbacks: There is an un-zoned 16 ft. wide parcel to the north of the subject property, and
it is unclear whether it was intended to be residentially or commercially zoned. Pursuant to
MCC3.4.03, if a CC zoned parcel abuts a residential parcel, the more restrictive residential
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setback shall apply. If the parcel is zoned residential, a 15 ft. setback would be required,
however, if the parcel was to be zoned commercially, a 0 ft. would apply. The applicant is
proposing a 5 ft. 3 in. setback.
4. Private Open Space: Per MCC 3.10.08G, at least 100 sq. ft. of private landscaped open
space is required per dwelling unit but authorizes the commission to allow variations to the
open space standard where it can be shown that the provided space meets the intent of the
code. Private open space is impractical for dwelling units not located on the ground floor.
Additionally, 18,336 sq. ft. of landscaped open space is provided across the project and in-
ground patios or balconies are provided for each unit, which meet the intent of the code.
The development includes the following amenities incorporated in the preliminary plan:
1. Four (4) of the proposed twenty-six (26) units are to be deed restricted in accordance with
McCall’s Local Housing Incentive Program (Resolution 19-02), to include three (3) two-
bedroom units and one studio unit, to help address a shortage of housing for the local
workforce.
2. Community BBQ shelter and picnic area.
3. Each unit will have a private on-site storage unit with a minimum of fourteen (14) sq. ft.
4. Open space in excess of the code requirement. MCC 3.10.08F requires a minimum of 20%
open space for PUD projects with more than 20 dwelling units. The applicant is proposing
45.26% open space, more than double the requirement.
5. The project will also include curb, gutter, and sidewalk along Thula St. as well as bike
cycle parking per McCall City Code, which are beneficial pedestrian improvements and
are supported by the 2018 McCall Area Comprehensive Plan.
The following conditions are required:
1. Approval of this Planned Unit Development general plan PUD-19-02 shall be contingent
upon McCall City Council approval of the companion subdivision preliminary plat
application SUB-19-02.
2. Prior to any site work or disturbance, the applicant shall:
a. Prepare final design plans and a stamped stormwater drainage report for review and
receive engineering approval from the McCall City Engineer for project final civil
designs.
b. Submit and receive approval from the City Arborist for a Final Tree Protection and
Management Plan which shows the limits of cut and fill of the parking lot and the
elevations of swales and the practices which will be employed to prevent damage
to trees to be left on site during construction.
3. Any existing overhead utilities along the property frontage shall be installed underground
and any future propane tanks shall be placed underground.
4. Prior to issuance of a building permit, the applicant shall:
a. Submit and receive approval from the City Arborist for a Final Tree Protection and
Management Plan which shows the limits of cut and fill of the parking lot and the
elevations of swales and the practices which will be employed to prevent damage
to trees to be left on site during construction.
b. Prepare final design plans and a stamped stormwater drainage report for review and
approval by the City Engineer.
c. Financially assure completion of all deferred public improvements in compliance
with the applicable provisions of the McCall City Code (MCC 9.6.067).
d. Receive final engineering approval from the McCall City Engineer.
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e. Project designs shall meet all code requirements per the 2015 International Building
Code, International Fire Code, and the Fair Housing Act.
f. Project design shall include sound insulation.
g. Verify that the roofs are designed to hold snow.
h. Receive approval from Central District Health Department.
i. Establish deed and/or lease restrictions in accordance with McCall’s Local Housing
Incentive Program for the four (4) units to be used as local housing.
j. Receive approval from the Payette Lakes Recreations Water and Sewer District for
the sewer line extension and purchase of sewer connection permits. The applicant
shall adhere to all PLRWSD requirements.
k. Provide a lighting plan and photometric analysis that demonstrates that the site and
exterior building lighting will comply with the McCall Outdoor Lighting Ordinance
3.14.
5. Prior to issuance of a final Certificate of Occupancy, the applicant shall:
a. Complete the onsite improvements including landscaping, walkways, site grading,
storage buildings, trash enclosures, lighting, and amenities, as shown in the
Applications for PUD-19-02 and SUB-19-02.
b. Complete all off-site street, sidewalk, utility and stormwater improvements as
represented in the final civil plans approved by the McCall City Engineer.
c. Building numbers shall be installed in accordance with McCall Addressing
Guidelines.
6. A full set of as built (record) drawings of all improvements intended for public use and
maintenance, including, but not limited to, water and sewer lines, and including also private
and public streets, shall be furnished to the City within sixty (60) days of completion of the
construction.
7. Prior to execution and recordation of the Subdivision Final Plat:
a. The applicant shall include a note specifying that this location is subject to direct
aircraft overflight at low levels and has increased risk of an aircraft related mishap.
b. The applicant shall provide digital files of the plat in accordance with the McCall
Digital Data Submission Standards.
8. The PUD General Plan approval shall lapse and become void in the applicant has not
submitted for PUD Final Plan approval within eighteen (18) months of approval of the
PUD General Plan.
City Planner Bessaw clarified the Parks requirement and the in-lieu fee for Council Member
Nielsen.
Public Comment:
Monty and Mary Fisher of 200 Thula Street oppose the project. They claimed the use of property,
shared the historical improvements they had made to the property, and concerned the setback of 5
feet is not enough. They will fight the quiet title.
Merrily Munther of 911 Davis Ave representative of Mr. and Mrs. Fisher. She is concerned that
the Fishers do not know the property lines and will lose much of the view from their windows.
They are prepared to fight the quiet title. The Fishers have landscaped and used the property and
object to the bike path going through the strip. The Fishers will also pursue the quiet title.
Paul Jannsen of 202 ½ Thula Street expressed concern about the unclaimed strip, close proximity
of the buildings, and wondered if the bike path could be rerouted.
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Mr. Peugh explained the tall buildings are on the east side of the property and 27.5 feet in height.
Mr. Millemann clarified the Fishers could continue using the strip, and after the survey of the strip,
it is not possible to put in a screen. He clarified it is 17 not 14 feet to the Fishers property and
explained they are not going to force the issue. He explained the intent of the bike path plan and
what would transpire if an agreement cannot be arrived upon. City Planner Bessaw further
explained the bike path plan. Council Member Nielsen stated that Exhibit D says 16 feet. Mr.
Millemann explained the footage on the exhibit was from the GIS map, but the survey was
accurate.
City Attorney Bill Nichols reminded the deadline to determine A or B needs to be reflected on or
before a designated time by which the applicant needs to respond by. Mr. Millemann suggested 60
days. Council Member Holmes suggested to take in consideration the quiet title action when
making the deadline.
Mayor Aymon closed the Planned Unit Development General Plan (PUD-19-02), Subdivision
Preliminary Plat (SUB-19-02), and the Associated Development Agreement for Black Bear
Condos public hearing at 6:36 p.m.
Council Member Holmes in favor of upholding PZC recommendation since the strip is not a
determination of the project. Council Member Nielsen feels the valuation of the units it is not
affordable.
Mayor Aymon reopened the Planned Unit Development General Plan (PUD-19-02),
Subdivision Preliminary Plat (SUB-19-02), and the Associated Development Agreement for
Black Bear Condos public hearing at 6:39 p.m.
City Planner Bessaw commented on the rates and how they may be determined. The deed
restrictions will need to come back to the Council for approval. Community & Economic
Development (CED) Director Michelle Groenevelt clarified the housing incentive is for local
housing and not affordable housing so the market rates can come into play. The base rate is more
at the rate for middle income households. Council Member Nielsen asked for clarification on the
valuations. City Attorney Nichols clarified how to calculate the base evaluation and did not believe
there is any language that directs the process. He directed the Council to revise the Housing Policy
to correct the language.
Steve Wood, applicant, explained the reasoning for the valuations and does not like the 3% cap.
However, does like the idea of local housing and understands the concerns. It is not their intent to
sell the units and the rent is fixed only going up 3% a year max. He did a lot of research and spoke
with local businesses who gave feedback on what they would be willing to pay.
Council Member Sowers does not feel this project follows the City Comprehensive Plan and is
concerned about the Fisher’s property. He is concerned the strip does not have a legal description
and feels the rent is too much. He does not feel it meets the criteria. CED Director Groenevelt
explained how the project complies with the Comprehensive Plan (comp plan) and this project is
just one aspect of the comp plan. She explained the deed restrictions and how it works with the
future.
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Council Member Nielsen wanted to know the Fisher’s issue of the pathway and how they use the
strip currently. Mrs. Fisher explained how they use the strip as part of their driveway and do not
want a pathway there. There was some discussion of the landscaping. Mr. Millemann stated that
the additional screening was added by the PZC at the Fisher’s request. He also explained the strip
is not a parcel but a remnant piece. Mr. Millemann stated they would withdraw exhibit A since it
did not look like there would be any resolution on the piece and will default to the in-lieu fee. He
reminded the Council of the current zoning of the parcel.
Mayor Aymon closed the Planned Unit Development General Plan (PUD-19-02), Subdivision
Preliminary Plat (SUB-19-02), and the Associated Development Agreement for Black Bear
Condos public hearing at 6:59 p.m.
Council Member Holmes moved to approve the Findings of Fact, Conclusions of Law,
Decision documents for PUD-19-02, SUB-19-02, the associated Development Agreement
without option A for the pathway on the strip 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, and Council Member Nielsen all
voted aye and the motion carried.
PUBLIC COMMENT
Mayor Aymon called for public comment at 7:00 p.m.
Hearing no comments, Mayor Aymon closed the comment period at 7:01 p.m.
Council recessed for a short break to set up for the next item.
WORK SESSION WITH THE MCCALL AREA PLANNING & ZONING COMMISSION
AB 19-133 McCall Area Code Update - Local Housing Overview – Direction to Staff
Community & Economic Development Director Michelle Groenevelt presented the McCall Area
Code Update - Local Housing Overview work session and introduced Planning and Zoning
Commission members present. The purpose of the joint work session is to learn, discuss, and
provide direction on potential City Code updates to the City and County Code to encourage more
local housing in the jurisdiction (City limits and McCall Impact Area.) Staff is seeking direction
to prepare an ordinance that incorporates code amendments to encourage local housing in the
McCall Area.
Diane Kushlan of Kushlan Associates gave a brief background of the three goals of the McCall
Area Comprehensive Plan which are to promote a variety of quality housing types for current and
future residents, support a local housing program as part of the vision for a diverse and year-round
economy, and support multi-faceted strategies to address local housing opportunities. The 2018
City of McCall Housing Strategy Report assessed several regulatory tools as viable for the City to
consider which include an increase to Zoning Densities, more flexibility in the development of
accessory dwelling units, create design standards for manufactured housing and small home
construction, including eliminating minimum size requirements for mobile homes, streamline the
permitting process for locally-serving housing units, and consider fee waivers for projects that
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June 27, 2019 Regular Meeting
include local housing units. The Local Housing Program includes incentives such as density bonus,
waiver or reduction in development standards including parking, height, site coverage, waiver or
reduction in fees, including development application, utility hook-up fees, and fast tracking of
development applications that include desired housing types. Finding this right mix appropriate
for McCall, is the next step in this work program. She walked through each of the proposed code
amendments and answered questions. Using better zoning descriptions, density, lot size, employers
providing housing, building heights, lot coverage, industrial areas, community/commercial use,
seasonal housing, and accessory dwelling unit restrictions were discussed.
Council and the Commissioners contributed ideas and concerns. Some concern was expressed
about the costs associated with building workforce housing. City Attorney Bill Nichols provided
some direction and cautioned using annexation as a tool.
Direction from Commissioners and Council included focus on incentives to create flexibility but
be cautious with density, encourage more duplexes and triplexes over condos, and look at how to
create longevity in a housing program that is more permanent to make it as easy to live here as it
is to visit here.
BUSINESS AGENDA
AB 19-136 Request to Approve Conditional Use Permit CUP-19-03 for 126 River Ranch Rd
City Planner Morgan Bessaw presented the Conditional Use Permit CUP-19-03 for 126 River
Ranch Road. A Conditional Use Permit application to construct a 1539 sq. ft. detached garage with
a 1298 sq. ft. accessory dwelling unit, totaling 2837 square ft., adjacent to an existing single-family
home in the River Ranch subdivision. Per MCC 3.3.02, accessory structures in excess of 1,500 sq.
ft. are conditionally permitted.
During the McCall Area Planning and Zoning Commission’s regularly scheduled June 4, 2019
meeting, a properly noticed public hearing was held on CUP-19-03 and the Commission
unanimously recommended approval to the City Council of the Conditional Use Permit and
approved the associated design review application. The following conditions must be met: Prior
to issuance of a building permit, final approval will be required by Central District Health; Prior
to issuance of a building permit, final engineering approval will be required; Prior to issuance of a
Certificate of Occupancy, the application shall address the ADU as 126 Unit B, per McCall
Addressing standards; Prior to issuance of a Certificate of Occupancy, the application shall reseed
all disturbed areas with native grass; This Conditional Use Permit shall be exercised within twelve
(12) calendar months of the date of City Council approval.
Legrand Bennett, architect for the applicants, gave a brief explanation and answered questions.
Council Member Holmes moved to approve conditional use permit application CUP-19-03
for 126 River Ranch Rd. as recommended by the McCall Area Planning and Zoning
Commission 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, and Council Member Sowers all voted aye and the motion carried.
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AB 19-139 Request for Approval of the Consultant A133 Contract for Library Expansion
Construction Management
Library Director Meg Lojek presented the Consultant A133 Contract for Library Expansion
Construction Management. City Manager Anette Spickard and the Library board of Trustees
recommended the Construction Manager/General Contractor (CM/GC) approach, approved by
legal counsel and City Council October 11, 2018. The CM/GC approach to library expansion
selects an architectural firm and a general contractor and the team works together on decision
points moving forward as they develop the project.
Accordingly, FY19 LOT made it possible for library Trustees to negotiate with Humphries Poli
Architects (HPA) for the next design phase. Their contract B133 for architectural services was
approved by Council April 11, 2019. HPA became a part of the process of the Building Committee
to select CM Company, Inc. to provide construction management services. The resulting contract
is the standard AIA form of agreement that makes specific reference to B133, the contract for
architectural services. Contract A133 with CM Company has been reviewed by City Attorney,
City Manager, Building Official, Building Committee, and Board of Trustees.
City Attorney Bill Nichols explained the purpose of the contract.
Council Member Sowers moved to approve the A133 contract for Library construction
management services with CM Company, Inc., and authorize the Mayor to sign all necessary
documents. Council Member Holmes seconded the motion. In a roll call vote Council
Member Sowers, Council Member Holmes, Mayor Aymon, and Council Member Nielsen all
voted aye and the motion carried.
AB 19-137 Request for Approval of a Permissive Encroachment Agreement between the
City of McCall and Albertsons - ABS ID-O LLC
Public Works Director Nathan Stewart presented the Permissive Encroachment Agreement
between the City of McCall and Albertsons - ABS ID-O LLC. As part of the Downtown Core
reconstruction project, it has been identified that the western staircase entrance to the Albertsons
nd
Store (formally McCall Drug) is located within the City’s 2 Street Right-of-Way. This existing
concrete stairway is not ADA compliant and is not compatible with the new sidewalk design along
this property frontage. Accordingly, the City will be reconstructing a new staircase as well as
providing stormwater drainage improvements so that runoff from the Albertsons Store parking lot
does not negatively impact the new sidewalk.
The Permissive Encroachment Agreement formally allows for the new staircase to be constructed
and serve access purposes to the existing Albertsons Store’s western entrance but includes
stipulations for the staircase removal should the Albertsons Store be substantially modified or
removed. The agreement has been prepared by the City Attorney and sent to Albertsons (ABS ID-
O LLC) for review and approval.
Mayor Aymon wanted to know why Albertsons was not replacing the steps into their building.
City Attorney Bill Nichols commented that a decision was made to replace the step rather than
getting into a legal battle over the removal of the access into their building so basically boiled
down to avoiding a lawsuit. Staff answered questions and clarified the purpose of the agreement.
City Attorney Nichols explained remodeling of the interior would have no bearing unless the
exterior of the building was modified.
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June 27, 2019 Regular Meeting
Council Member Nielsen moved to approve the Permissive Encroachment Agreement
between the City of McCall and ABS ID-O LLC and authorize the Mayor to sign all
necessary documents. Council Member Holmes seconded the motion. In a roll call vote
Council Member Nielsen, Council Member Holmes, Mayor Aymon, and Council Member
Sowers all voted aye and the motion carried.
AB 19-135 Council Meeting Streaming Trial Recap with Request for Future Streaming
Direction
Communication Manager Erin Greaves presented the Council Meeting Streaming Trial recap. On
March 28, 2019, Council directed staff to run a meeting live streaming trial and return with data
prior to deciding to continue streaming all meetings. She shared the types of viewers,where it was
viewed, and issues with sound and room layout and possible solutions. The majority of people are
watching on the playback over the streaming. Her recommendation is to continue streaming as it
requires less staff time but asked for direction on whether the Council would like to continue video
streaming of meetings and advise of any changes to be made to the process.
Council Member Holmes likes to be able to watch a meeting she had missed, and shared her mom
enjoys watching. Council Member Nielsen asked questions about viewers and staff hours. Council
Member Sowers felt it was good enough for now based on the number of viewers. There was a
brief discussion about staff time and other viewing issues.
There was Council consensus to continued live streaming of the Council Meetings.
Upcoming Meetings Schedule Discussion
Council discussed upcoming meetings. Mayor Aymon asked about a public community meeting
for an emergency management plan. Communication Manager Erin Greaves stated she has been
in communication with the McCall Fire Department about creating a video which she feels may
reach more people at this time. When McCall Fire is less busy, a meeting can be arranged.
ADJOURNMENT
Without further business,Mayor Aymon adjourned the meeting 9:17 p.m.
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June 27, 2019 Regular Meeting