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HomeMy Public PortalAboutAB01-73CITY COUNCIL City Of McCall AGENDA BILL 216 East Park Street Number AB 01-73 McCall, ID 83638 Date October 25, 2001 ITEM INFORMATION  SUBJECT: Original Agenda Date & Bill No.    Department/Committee/Individual Initials Remarks  Ordinance 759, regarding A Mayor / Council    annexation and R-5 zoning P City Manager    designation (ZON–01–1) P Finance Director/City Clerk     R Deputy City Clerk     O Community Development  originator   V Police Chief     A Public Works     L Director of Golf & Parks Operations    COST IMPACT: S Recreation Director    FUNDING SOURCE:  Airport Manager      Librarian    TIMELINE:  City Attorney      Other    SUMMAR Y STATEMENT: On October 15, the development agreement and wildlife mitigation agreement were approved as presented; the avigation easement was approved, subject to potential revisions. As of 1:00 on October 22, no agreement has been reached on revisions to the avigation easement. Staff will provide an update at the Council meeting.  RECOMMENDED ACTION: Suspend the rules, read by title only, the third reading of Ordinance 759. Adopt Ordinance 759.  RECORD OF COUNCIL ACTION  Meeting Date Action  May 24, 2001 Conducted public hearing, requested additional information from the FAA. The record was left open until June 4.  June 7, 2001 Tabled the annexation and zoning request until July 12th.  July 12, 2001 Conducted additional public hearing. Continued the Public Hearing and tabled consideration until July 26.  July 26, 2001 Conducted and closed the public hearing. Approved First Reading only for Ordinance 759.  August 9, 2001 Approved Second Reading only for Ordinance 759  October 15, 2001 Approved the development agreement, wildlife mitigation easement, and avigation easement, subject to conditions.   CITY COUNCIL City Of McCall AGENDA BILL 216 East Park Street Number AB 01-73 McCall, ID 83638 Date October 15, 2001 ITEM INFORMATION  SUBJECT: Original Agenda Date & Bill No.    Department/Committee/Individual Initials Remarks  Ordinance 759, regarding A Mayor / Council    annexation and R-5 zoning P City Manager    designation (ZON–01–1) P Finance Director/City Clerk     R Deputy City Clerk     O Community Development  originator   V Police Chief     A Public Works     L Director of Golf & Parks Operations    COST IMPACT: S Recreation Director    FUNDING SOURCE:  Airport Manager      Librarian    TIMELINE:  City Attorney      Other    SUMMAR Y STATEMENT: Attached is the complete packet of information that was sent to the FAA, including the Development Agreement, wildlife mitigation plan, and avigation easement.  RECOMMENDED ACTION: Suspend the rules and read Ordinance 759 by title only for the third reading and final adoption.  RECORD OF COUNCIL ACTION  Meeting Date Action  May 24, 2001 Conducted public hearing, requested additional information from the FAA. The record was left open until June 4.  June 7, 2001 Tabled the annexation and zoning request until July 12th.  July 12, 2001 Conducted additional public hearing. Continued the Public Hearing and tabled consideration until July 26.  July 26, 2001 Conducted and closed the public hearing. Approved First Reading only for Ordinance 759.  August 9, 2001 Approved Second Reading only for Ordinance 759   City of McCall, Idaho Community Development Department Memo To: City Council members  From: Lindley Kirkpatrick, AICP  Date: October 15, 2001  Re: AB01-73, Ordinance 759: River Ranch annexation   This morning, Robert Strope, Mike Becker and I spoke with Wade Bryant, Don Larson and Bill Watson of the FAA by phone. We reviewed the River Ranch avigation easement and the other terms and conditions of the River Ranch development approval. Most of our discussion focused on the avigation easement, specifically on paragraph 5, which establishes a noise threshold for the easement. If River Ranch or future property owners prove that noise levels exceed that threshold, they will have the ability to complain and, ultimately, sue the City as the Airport Sponsor. The FAA is not enthusiastic about including the noise threshold in the avigation easement. We pointed out to them that without the noise threshold, the developer is likely to withdraw the development from the City and apply to the County. If the development occurs under the County’s jurisdiction, the County has no authority to impose conditions of approval to provide airport protection. The FAA raised a concern that the eligibility threshold for future AIP projects could be changed. Currently, the noise threshold in the avigation easement is the same as the noise threshold for AIP funding eligibility. It is possible that the AIP noise threshold could be increased, and the City could be held responsible for sound mitigation measures that are not eligible for federal funding. Wade Bryant agreed to a conditional approval of the avigation easement and other development documents, given the need to provide as much protection for the airport as possible under the circumstances. He asked for one week for the FAA to continue to review the avigation easement and to try to develop easement language acceptable to all parties that would allow for future changes to the AIP funding standards. RECOMMENDATION: Approve the development agreement and wildlife mitigation agreement as presented today. Conditionally approve the avigation easement, with the provision that the avigation easement may be revised to include additional language acceptable to the FAA, the City and River Ranch that ensures future AIP funding is available for the River Ranch property. If such revisions are not made by October 22, 2001, the avigation easement as presented today is approved. Continue consideration of Ordinance 759 until the October 25 meeting. CITY COUNCIL City Of McCall AGENDA BILL 216 East Park Street Number AB 01-73 McCall, ID 83638 Date August 9, 2001 ITEM INFORMATION  SUBJECT: Original Agenda Date & Bill No.    Department/Committee/Individual Initials Remarks  Ordinance 759, regarding A Mayor / Council    annexation and R-5 zoning P City Manager    designation (ZON–01–1) P Finance Director/City Clerk     R Deputy City Clerk     O Community Development  originator   V Police Chief     A Public Works     L Director of Golf & Parks Operations    COST IMPACT: S Recreation Director    FUNDING SOURCE:  Airport Manager      Librarian    TIMELINE:  City Attorney      Other    SUMMAR Y STATEMENT: The Development Agreement, draft wildlife mitigation plan, and draft avigation easement have been provided to the FAA, Idaho Aeronautics Advisory Board and the USDA Wildlife Services for their review. As of August 6, no comments have been received.  RECOMMENDED ACTION: Suspend the rules, read by title only, second reading only, Ordinance 759.  RECORD OF COUNCIL ACTION  Meeting Date Action  May 24, 2001 Conducted public hearing, requested additional information from the FAA. The record was left open until June 4.  June 7, 2001 Tabled the annexation and zoning request until July 12th.  July 12, 2001 Conducted additional public hearing. Continued the Public Hearing and tabled consideration until July 26.  July 26, 2001 Conducted and closed the public hearing. Approved First Reading only for Ordinance 759.   CITY COUNCIL City Of McCall AGENDA BILL 216 East Park Street Number AB 01-73 McCall, ID 83638 Date July 26, 2001 ITEM INFORMATION  SUBJECT: Original Agenda Date & Bill No.    Department/Committee/Individual Initials Remarks  Ordinance regarding A Mayor / Council    annexation and R-5 zoning P City Manager    designation (ZON–01–1) P Finance Director/City Clerk     R Deputy City Clerk    A continued Public Hearing O Community Development  originator  regarding the requested R-5 V Police Chief    zoning upon annexation A Public Works    (ZON–01–1) L Director of Golf & Parks Operations    COST IMPACT: S Recreation Director    FUNDING SOURCE:  Airport Manager      Librarian    TIMELINE:  City Attorney      Other    SUMMARY STATEMENT: The applicant has provided a draft wildlife mitigation plan and responses to the proposed avigation easement and the development agreement. As of Monday, July 23, staff is still negotiating details of these documents with the applicant. Both the FAA and the Idaho Aeronautics Advisory Board have been contacted and are awaiting review copies of each document, upon completion by staff and the applicant.  RECOMMENDED ACTION: Table consideration of the annexation and zoning request.  RECORD OF COUNCIL ACTION  Meeting Date Action  May 24, 2001 Conducted public hearing, requested additional information from the FAA. The record was left open until June 4.  June 7, 2001 Tabled the annexation and zoning request until July 12th.  July 12, 2001 Conducted additional public hearing. Continued the Public Hearing and tabled consideration until July 26.   CITY COUNCIL City Of McCall AGENDA BILL 216 East Park Street Number AB 01-73 McCall, ID 83638 Date July 12, 2001 ITEM INFORMATION  SUBJECT: Original Agenda Date & Bill No.    Department/Committee/Individual Initials Remarks  Ordinance regarding A Mayor / Council    annexation and R-5 zoning P City Manager    designation (ZON–01–1) P Finance Director/City Clerk     R Deputy City Clerk    A Public Hearing regarding the O Community Development  originator  requested R-5 zoning upon V Police Chief    annexation (ZON–01–1) A Public Works     L Director of Golf & Parks Operations    COST IMPACT: S Recreation Director    FUNDING SOURCE:  Airport Manager      L ibrarian    TIMELINE:  City Attorney      Other    SUMMARY STATEMENT: This meeting has been re-noticed as a public hearing, to allow the Council to consider additional information from the public, as well as from the applicant and other agencies. Following are copies of the additional correspondence that has been received on this issue. Staff and the applicant are preparing an avigation easement and a “wildlife attraction monitoring/mitigation program,” as requested by the FAA. These documents have not been completed, or forwarded to FAA for review and comment. Mr. DeBoer has met with the ITD District Engineer to discuss pending environmental reviews and acquisition of a portion of the River Ranch property. Staff is coordinating with ITD.  RECOMMENDED ACTION: Continue the Public Hearing and table consideration of the annexation and zoning request until July 26.  RECORD OF COUNCIL ACTION  Meeting Date Action  May 24, 2001 Conducted public hearing, requested additional information from the FAA. The record was left open until June 4.  June 7, 2001 Tabled the annexation and zoning request until July 12th.   CITY COUNCIL City Of McCall AGENDA BILL 216 East Park Street Number AB 01-73 McCall, ID 83638 Date June 7, 2001 ITEM INFORMATION  SUBJECT: Original Agenda Date & Bill No.    Department/Committee/Individual Initials Remarks  Ordinance regarding A Mayor / Council    annexation and R-5 zoning P City Manager    designation (ZON–01–1) P Finance Director/City Clerk     R Deputy City Clerk    A Public Hearing regarding the O Community Development  originator  requested R-5 zoning upon V Police Chief    annex ation (ZON–01–1) A Public Works     L Director of Golf & Parks Operations    COST IMPACT: S Recreation Director    FUNDING SOURCE:  Airport Manager      Librarian    TI MELINE:  City Attorney      Other    SUMMARY STATEMENT: Staff discussed the development proposal with the FAA, to clarify the FAA’s position. Additional information, including the outline of the proposed development agreement, was provided to the FAA for further review. No additional correspondence has been received. The FAA has agreed to work with the City to ensure that the development request will not harm airport activities or federal funding. However, the FAA is unable to respond to the City’s request by June 7.  RECOMMENDED ACTION: Table consideration of the annexation and zoning request until June 28.  RECORD OF COUNCIL ACTION  Meeting Date Action  May 24, 2001 Conducted public hearing, requested additional information from the FAA. The record was left open until June 4.  June 7, 2001 Tabled the annexation and zoning request until July 12th.