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HomeMy Public PortalAboutCouncil Minutes 2005 10/27, MINUTES McCall City Council Regular Meeting October 27, 2005 Table of Contents CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE PRESENTATION • AB 05-207 EPA Smart Growth Implementation Technical Assistance Grant Presentation PUBLIC COMMENT CONSENT AGENDA • Minutes of September 22, 2005 • Payment Approval List for Warrant Registers for input dates between October 7, 2005, and October 19, 2005 • Payroll Report for Pay Period Ending October 7, 2005 • AB 05-203 AMSI Agreement for Non -Directional Beacon • AB 05-204 Noxious Weed Memorandum of Understanding • AB 05-205 LHTAC Rural Highway Investment Program Grant Application • AB 05-209 Bridge Inspection Agreement • AB 05-211 Open Space Donation from Robert Hunt • AB 05-212 Unclaimed Personal Property / Resolution 05-24 • BUSINESS • AB 05-208 Transportation Advisory Committee Appointments • AB 05-210 Revocable License Agreement with Ashbrook Homeowners Association • AB 05-215 Skateboard Park Association MOU • AB 05-213 November and December Regular City Council Meeting dates • AB 05-214 Lift for Community Christmas Lights REPORTS • Transportation Advisory Committee Minutes September 14, 2005 • Airport Advisory Committee Minutes September 1, 2005 ADJOURNMENT Printed 12/23/2005 Page 1 of 14 October 27, 2005 City Council Minutes CALL TO ORDER AND ROLL CALL Mayor Eimers called the regular meeting of the McCall City Council to order at 6:10 p.m. Council Member Muller, Council Member Greer, Council Member Robertson, and Mayor Eimers answered roll call. A quorum was present. City staff members present were Lindley Kirkpatrick, City Manager; Roger Millar, Community Development Director; Carol Coyle, Grant Coordinator/Community Planner; Bill Keating, Public Works Director; Brock Heasley, Parks and Recreation Director; David Simmonds, Network Administrator; and Dan Irwin, City Clerk. The Mayor announced additions to the agenda: the Skateboard Park Memo of Understanding; explanation of the Bob Hunt donation map; and a letter from Charlie Taber applying to be reappointed to the Transportation Advisory Committee. PRESENTATION Roger Millar, Community Development Director, explained that, in April, the response from the community questioned what to do with the local growth. He said that Carol Coyle secured an EPA Smart Growth Grant; McCall was 1 of only 5 communities selected. He said the City has been busy preparing to plan the Lardo and West Valley areas. He said the East / West Loop opened and will impact the land use. He believes the City could be reactive to development in the community or be proactive to put a plan in place. He said almost 150 community members were involved in the charette and the team has developed a presentation to present to Council tonight. Mr. Millar said the team will send their report in the coming weeks, and then staff will be coming to Council for recommendations on implementing the suggestions. Mary Kay Bailey, EPA Project Manager, said there were 60 proposals for the Smart Growth Grant, and McCall was one of five cities chosen. She explained that the mission of EPA is to protect human health in the natural environment, and that one way to do that is to address planning growth to ensure future problems do not occur. She said successful communities implant mixed land use and connected streets (allows for better driving and pedestrian pathways) and compact building design (increase density, not create sprawl), and that these projects are done with the invitation of the city. She said the team listens to the community and the elected officials to create a plan. She said they had a tremendous turnout of diverse people for the McCall project. She said they asked the people what they cared about, and heard that it is important to make McCall a pedestrian friendly place, that retail is wanted in the Lardo area, and that a walk -able connection is needed from Lardo to downtown. Printed 12/23/2005 Page 2 of 14 October 27, 2005 City Council Minutes c, Jim Sharlear presented, on behalf of the economist (who had to leave last night), the following statistics: 60% of housing in McCall consists of second homes; the tread line of increased building permits; real estate prices have doubled in the past year. He said the economist looked at different sectors of the economy and found that in 2000, only 10-11 % of employment was in construction (probably 20% today) and the rest are in services (has changed in the past 5 years), that demographics of the community have changed as to who is living here. The economist found that the demand for retail by full-time, permanent population (not tourist or second home owners) is 138,000 SF, and the demand in 2020 is estimated to be 2 IA to 3 times higher. Mr. Sharlear said they found there is demand for new grocery space within the next 15 years. The economist believes the downtown retail is under -retailed and the existing retail areas need to be renovated; and that as pressure grows for new grocery stores and retail, often the result is that the market will tend to build cheap buildings with crummy design. The economist has recommended the retail area be established at the intersection by the river for several reasons: 1) it is a good entry point to the community; 2) it has good highway exposure as well as nearby neighborhoods; and 3) the river forms a natural environment for something to happen there. She said that things to consider for Lardo are: first get the program right - insure that uses you want, the location, the tenant mix, the design and quality are properly managed; get the mix right; get parking right; there is often too much parking which is very expensive and wasteful; retail malls are nice and important to plan. She recommended that for West Valley, include a location for a new grocery store (good location with traffic; residential) which should be an anchor for the neighborhood retail. She said the scale of business could be smaller than current, and small retail can be added with a small office building for mixed use. She also said that long-range planning is important, to set aside commercial space now, hold out for high quality design and appropriate tenants, and look for local tenants if possible. She said McCall has been a modest working community but is changing rapidly, and it is important not to lose the unique character of this place. She advised to avoid having people who work here live elsewhere; higher density, if done properly, can be beneficial and appropriate for the community. Mr. Sharlear said the team also worked on connecting West Valley and Lardo and that while connecting the county, the City needs to ensure the roads are right (the street network) and that it is pedestrian friendly. He said the streets need to be connected; this makes for a better neighborhood connectivity and emergency service response; and that connectivity is important. Mr. Sharlear presented examples of other counties explaining how they had accomplished connectivity. Mr. Sharlear said the county wants the City to be pedestrian friendly, but the current layout is not pedestrian friendly. He gave a few examples: Crested Butte has no sidewalks because they think pedestrians should be able to walk in the streets and their speed limit is 15 MPH; Jackson Hole, Wyoming, has built parallel bike pathways for safety. Mr. Sharlear said that it is good to have walkways where there are no streets. He said that crossings will become an issue, but curbs can be extended to assist and make it safer to pedestrians. He described how Crested Butte does a temporary extension using flower boxes, and then stores the flower boxes during the winter. He said downtown Aspen was designed with small blocks (330'), which makes it very pedestrian friendly. Printed 12/23/2005 Page 3 of 14 October 27, 2005 City Council Minutes c Mr. Sharlear said the team had reviewed the pathway plan and wanted to encourage the City to develop this. Mr. Sharlear further explained the principles of a good pathway design, saying that Alaska has developed pathways from residential areas to the schools; In winter they plow the pathways before they plow the roads so their kid can be independent. Mr. Sharlear said the team's recommendation for Lardo includes rebuilding the bridge at some point in time, and including sidewalks on both sides. He said the intersection of the highway and the river are impediments but could be developed below the grade crossing when the bridge is rebuilt. He said it could be called "enhancement" to accelerate the rebuilding of the bridge. He said the residential grid in Lardo is beneficial and it is important to hold on to every easement you can. He said that one-way streets are not a good idea for SH 55 and Forest, stating that 8' shared use sidewalk/pathway on one side and a 10' one on the lake side, 11' lanes and narrow shoulders would be better. He said this was an idea a citizen contributed and the team got pretty excited about it. He mentioned that DOT will require urban drainage, and that will be more expensive than a rural road; but this is no longer a rural road. He said that SH 55 and Forest could be used for connectivity. Mr. Sharlear recommended defining the edge for West Valley and determining whether this area is urban or rural, or somewhere in between, in which case the streets become very critical. He said the team has recommended connectivity in the collector roadway network, commitment to the new subdivisions to avoid one way in and out, and possibly putting pathways in the drainage swales. Tim Van Needer continued the presentation, stating that the team looked at the Lardo area as a whole area (about a'/2 mile radius) and found lots of areas of preservation with only some changes. He said a community center cannot be established at West Valley and SH 55 because the areas around that intersection - including the golf course and the substation — cannot be controlled. He said the team toured the lodge, and at that area around the intersection, found many existing amenities that can be expanded, areas of synergy, making this area more of a destination place. He said there is a potential commercial area on the river, and it is important to promote mixed use for residents and to keep the place safe and active. He said the team heard from people who are full time that this area should be developed for residents of McCall, with such things as small block sizes to encourage walking, and to create use types that would not take away from downtown business. He said the area from the East/West Loop and SH 55 to the river could be developed, with an area of activity located at SH 55 and the river. He said the team would like to restore the wetlands where the current Forest Service building exists and relocate the Forest Service back to a synergic area. He said the river access could be opened up and that the river could be treated as a public amenity, allowing retail to take advantage of this area. Mr. Needer said the team looked at the two remnant sites: Knowles, a land -locked parcel, is a good location for community housing; and the area entering town from the Printed 12/23/2005 Page 4 of 14 October 27, 2005 City Council Minutes north would be nice for clustered housing (less than 1 acre lots), still removed from the highway. Mayor Eimers asked how neighborhoods can be designed with existing homeowners. Mr. Millar responded that this can be accomplished through zoning, which is a public process. He said a lot of the property owners from this area were involved in the process and were excited about the possibilities. Council Member Muller commented that in 1998 the University of Idaho did a similar design but it was hard to push forward without persons dedicated to making it happen. Mr. Muller stated that this process involved the public, the landowners and the homeowners. He said rooftops are there and it is time for the commercial, and the City needs to make sure our zoning codes fit this plan. Council Member Muller said he knows change is needed to a tourist -based economy, but it is important to look at the past and ensure the design work is pursued. The EPA stated they looked at the 'A mile radius around the site (West Mountain), and it's important to develop this area to make it look nice. Mr. Needer said the intersection at West Mountain should be developed, possibly with retail - grocery store and entrepreneurial sites — which would create an employment center. He said the team recommended looking at the corridor and encouraging density; the remaining 500+ acres would create sprawl, so leave the site in a conservation easement. He said the higher density and smaller lots would be required in the center. He said the team looked at 5 acre lots in Rio Vista, and explored the possibility of re -platting to higher density to establish community housing. Mr. Millar explained that half of the area was annexed and the other half was not, and that the City could explore the annexing process. EPA said that the current landscape lacks housing type and mobility. Council Member Greer asked about the odds of success. EPA response was that the odds are great if the community adopts and embraces the plan. They said the City goes from vision to developing code to development, and that mountain towns have a tough time establishing a plan. They said that snow towns have learned about growth management, and chances are good to succeed, better than they were a few years ago. The team believes the City has a competent staff to see the plan through, the chances of success are also good because of public input. Council Member Greer asked how to research cases where lessons were learned. Ms. Bailey responded that the EPA keeps a library and will send information. Printed 12/23/2005 Page 5 of 14 October 27, 2005 City Council Minutes Council Member Greer asked what other agencies were involved in this study. Mr. Millar responded that other agencies include the Forest Service, PLRWSD, LTAC, Idaho Power, Fire District, Fire Department and other City commissions. Mayor Eimers said this is exciting and it will be interesting to see how this progresses. He said the City staff has the opportunity to make it work. PUBLIC COMMENT Mayor Eimers called for public comment. Hearing no comments, Mayor Eimers closed the public comments at 7:45 p.m. CONSENT AGENDA Council Member Robertson provided some corrections to the September 22nd Minutes. Council Member Robertson asked if the City can use their own large space next door for storage instead of leasing storage space (referring to page 7 of the Warrant Register, "annual storage unit lease"). Mr. Kirkpatrick replied that large, bulky items do not fit into our storage area, so it is necessary to lease a storage place. Mr. Robertson asked if the payments to CH2M Hill (on page 20) can be less. Mr. Kirkpatrick said we are now at a place where we can begin to address this. Mayor Eimers pointed out that the 14% increase for the non -directional beacon at the airport was high. Council Member Robertson said this company is out of Kansas and has a corner on the market. He said they can speak with Rick Harvey to see if there are any alternatives for next year. Council Member Robertson asked about the five-year agreement for the noxious weed treatment. Bill Nichols pointed out that this is a non -fund obligating document. Council Member Robertson questioned point #8, in the Authorized Representatives, where it says the County and the City are certified, but doesn't say the Forestry Service is authorized to sign. Mr. Nichols replied that this is probably because the document originated with the Forest Service and the document has a Forest Service Agreement Number. Council Member Robertson pointed out that in AB 05-205, LHTAC Rural Highway Investment Program Grant Application, the application was not attached. Printed 12/23/2005 Page 6 of 14 October 27, 2005 City Council Minutes Mr. Millar explained that we found out we have the opportunity to apply for LHTAC moneys to develop our transportation system. He said the City budgeted $68,000 this fiscal year to do it, with the opportunity to get $50,000 more to do it better. He said they are working with CH2M Hill to develop the application, and since the application is due before the next time we meet, we need to get the Mayor's authorization to sign it tonight. Mayor Eimers would like to send an official "Thank You" letter to Bob Hunt for the land donation, and to send a copy to The Star -News. Council Member Muller asked about the statement in the property deed about not allowing any structures to be built; he questioned how this might affect future development — a park with bathrooms, etc. Mr. Millar said this is all preparation for a future natural development and this clause will not present a problem. Mayor Eimers moved to approve the Consent Agenda and authorize the Mayor to sign all necessary documents. Council Member Greer seconded the motion. In a roll call vote, Mayor Eimers, Council Member Greer, Council Member Robertson and Council Member Muller voted aye. The motion carried. Mayor Eimers suggested moving the Report Section ahead of the Business Agenda so that department heads and staff would be present. The Council agreed. REPORTS Roger Millar, Director, Community Development. Mr. Millar reminded the Council of a Special Meeting on November 2, 6 p.m., with Phil Collins. Mr. Collins will hold a workshop to get Council input for the draft ordinance on inclusionary zoning and community housing. Mr. Millar said it will take Mr. Collins a couple of days to do the draft, and then the City will be able to do hearings on it. Mr. Millar said that concerning the Zoning Code Rewrite, the Planning & Zoning Commission adoption draft has been on the street since October 11. He said they had a joint hearing of the City Planning & Zoning Commission and the County Planning & Zoning Commission and will be setting up a joint hearing with the City Council and County Commission once the draft is approved by the two Planning & Zoning Commissions. He stated there is general agreement that they are going in the right direction, and they will be hammering out the details at the P&Z meeting on November 1. He said the timeline is to get through the City P&Z adoption on November 1 and the County P&Z adoption is currently scheduled for November 10. Mr. Millar said he is hoping by mid -November to have a package put together for public hearing notices and be ready to look at meeting dates. He said they are right about on track from where they started in April. Printed 12/23/2005 Page 7 of 14 October 27, 2005 City Council Minutes Mr. Millar said that the Urban Renewal update is progressing. Mr. Millar said they need to schedule a waste water work session and that CH2M Hill is ready to meet with them. Mr. Millar informed the Council that the appeal of the Spring Mountain Meadows subdivision must be decided on or about November 10. He said the Council needs to meet to make a decision on that appeal. He said they also need to have a hearing for the grant for the south corridor and a public hearing, currently scheduled for November 10, before the grant application can be submitted. Mr. Millar said they have 41 building permits as of October 15, with 50 permits available, and will be issuing all of them. He said he is expecting to have the full 50, and that most of the ones received have been for infill. Mr. Millar said they have been talking with Chad Olsen regarding the sewer project and have been told the pipe work will begin tomorrow. He said they also need to make Mr. Olsen clean up Verita Road. Mr. Millar said he told Mr. Olsen that they need to see progress before they start talking about modification. Council Member Robertson asked if any additional progress had been made with the dental office across the street. Mr. Millar replied he had sent an official letter and the response to the letter was due today. He said he was directed to contact them one more time, then bundle it up and give it to the Chief. He said he told them to provide him with a parking plan that parks what is permitted to be parked, and then he will direct them to turn the rest of it back into lawn. Mr. Millar said he is following the Nuisance Abatement process. Bill Keating, Director, Public Works. Mayor Eimers asked him about the placement of the stop sign at Lick Creek and Davis. Mr. Keating said the stop sign was installed in anticipation of the Spring Mountain Ranch extension, which will make Wooley the main thoroughfare. Some discussion followed about whether or not this was the appropriate place for the sign. Mr. Keating said they had hired a contractor to repair manholes. He said that Mike Levey, with CH2M Hill inspected the manholes today. Mr. Keating reported they have 27 out of 50 manholes done and they are making good progress. Mayor Eimers asked about the quality of work being done, and Mr. Levey responded that it was very good. Mr. Keating said that the water storage tank will be usable and in service in December. He reported that 900 of 1,100 yards of concrete had been poured. Mr. Kirkpatrick stated that the liner is scheduled for spring; Mr. Keating said they are checking to see if it can be done sooner, but there might be a temperature issue. He said they did an inspection of the water system at Aspen Ridge last week, and there's a top zone that cannot be served because the pumps are not in service yet. He said the pumps will be working about the time the tank goes into service. Printed 12/23/2005 Page 8 of 14 October 27, 2005 City Council Minutes Mr. Keating reported they had started burning slash piles at the airport. Mr. Keating informed the Council that they have an inspection scheduled for Rivers Crossing tomorrow, but occupancy permits will not be issued until the lift station and the sewer station are completed. Mayor Eimers said he wants the City to reconsider the placement of the stop sign at Davis and Wooley. Dave Simmonds, Network Administrator, handed out instructions on how to access web mail and told Council members he is willing to help anyone with this if needed. Brock Heasley, Director of Parks and Recreation. Mr. Heasley said he has been working with Watershed Advisory Group, Waterways Advisory Committee, and Payette Lake Protective League, trying to get them incorporated with the City because they are all concerned with the same issues the City is. Council Member Robertson pointed out that in the past, the City Manager and Council were involved with WAG; Mr. Kirkpatrick stated that he and the mayor are members of WAG and there will continue to be Council representation. Mr. Kirkpatrick said that WAG wants an elected official involved and that Mr. Heasley will also be working closely with that group. Mr. Heasley reported that adult dodge ball is being played and that players range from age 16 -17 (with adult waiver) to 50 — 60. Dan Irwin, City Clerk. Mr. Irwin reported on the absentee voting, declaration of a write- in candidate, and the appeal of the agency records for the fish pen docks. Lindley Kirkpatrick, City Manager. Mr. Kirkpatrick informed the Council that the hearing for the Seubert condemnation for the right-of-way for the East/West Loop, is scheduled for November 30; he said an Executive Session is scheduled for the same day. He said he spoke with Bill McCurdy, and that it is not critical to have a City representative there. Bill Nichols explained that typically a client is not present in appellate court unless they have some reason to want to listen to the argument. He said that most of the work that is done for the appeal in terms of influencing the court will be the written briefs. Mr. Nichols said he did not think Council would give up anything by not having a representative there. Council Member Robertson asked if this concerns the issue of too much money; Mr. Kirkpatrick stated that is the only issue. Mr. Kirkpatrick informed the Council that the police chief search had been narrowed to two candidates and that good feedback was received at the open house. He said that Council Members Robertson and Muller will be spending some time with the applicants, and they are looking forward to Council confirmation in December. Printed 12/23/2005 Page 9 of 14 October 27, 2005 City Council Minutes Mr. Kirkpatrick reported that the City has made a conditional offer for Finance Director, and it looks very favorable. Mr. Kirkpatrick said he would like to add the confirmation of that appointment to the November 2 agenda. Mr. Kirkpatrick said that the Police Department and Public Works have looked at the Deinhard speed limit and have prepared a memo for the Council with their recommendation. There was much discussion about the appropriate speed limit on Deinhard and whether or not it should be increased to 35 MPH. Council Member Muller stated that he has heard feedback from people who will not drive on Deinhard because they do not want to get a ticket. Mr. Kirkpatrick explained that when the design process started, the design team was told that the speed limit on city streets was 25 MPH, and they designed Deinhard to be 10 MPH over that. Council Member Greer pointed out that the Council had delegated the responsibility to determine these things and that he supported the delegation the Council made and does not want to manage their business. Council Member Robertson said that he would like to see the speed limit increased to 35 MPH but it would have to be enforced. Mr. Kirkpatrick said that Council opinions will be relayed to staff for review. Council Member Robertson voiced concern about the yellow line on the street at Deinhard and Mission and the confusion it has caused. Mr. Kirkpatrick noted staff changes. He also referred Council to some litigation updates in his written report and said that some of this information had also been given to the Council candidates. Mr. Kirkpatrick said he had been trying to give the candidates as much information as possible; four of the six were able to attend a tour of City facilities. He said he had also added the candidates to mailing lists so they will receive current information. Mr. Kirkpatrick said that comments were heard at the last Council meeting from the Cedar Lane group about the City's obligation regarding the wetlands around the golf course; he said it turned out there is actually quite a bit of merit to some of their comments. He said there is an off -site pond on the Aspen Ridge property east of the golf course that charges the wetlands throughout the golf course, and this pond is the City's obligation under their 404 permit to keep that pond at a certain level and to keep those wetlands full. He said that last summer, for some reason, the line they had been using to keep it full was broken during construction which stopped the filling process. He said they are having that line repaired and have the pond full and charging the wetlands. He said they will keep that going. Mr. Kirkpatrick informed the Council that there had been quite a bit of new interest in development of a new marina and that staff is considering putting together a Request Printed 12/23/2005 Page 10 of 14 October 27, 2005 City Council Minutes for Proposal for that. He said the City should work with WAG, WAC, PLPL, and the Council to make sure that what the City is proposing is in fact something they are willing to pursue. He said they anticipate some sort of competitive process to evaluate marina proposals. Council Member Muller asked why the City should even consider a marina, and why someone else would specifically want it. Mr. Kirkpatrick explained that one reason they might pursue it is because there was a Memo of Understanding with Carey, stating the City's desire to have another marina for public benefit. Mayor Eimers stated that, at the time of that MOU, there was a perception in somebody's mind that another marina would make sense, but that was not agreed to on the part of the City. Mayors Eimers said that what the City said then was "fine, you can believe that and we will work with you by putting it through Planning and Zoning." Mr. Kirkpatrick said he was not implying that the City at that time, or even today, granted or is granting any kind of approvals for the construction of a marina. Mayor Eimers said it was never implied that the City thought there was a need for another marina. Mr. Kirkpatrick said there has been interest from the general public — visitors, users of resources, etc. Council Member Muller emphasized that any marina should benefit the public and not just people who have the money to develop land and use boat slips as part of purchase incentives. Bill Nichols reported that the eminent domain case involving the Lutheran Church and their property is close to being done. He said all of the documents used to render the decision for the fish pen dock are now in court. He explained the judicial review process and said that most cases like this do not go past the district court decision. Council Member Robertson pointed out that the City paid $16,000 to get a transcript regarding the Wausau case that took 14 months to receive. Council Member Robertson said that Randy Spiwack had informed the Spring Mountain Ranch Board of Directors that his attorney filed for a declaratory judgment on the Memo of Understanding with the Spring Mountain Ranch Homeowners Association. Council Member Muller asked about the ordinance for businesses operating in residential and changing the penalty. Mr. Kirkpatrick replied this will be included in the Zoning Code rewrite. Mr. Nichols said he will research that issue. Council Member Muller said the amounts should be increased for multiple penalties. Council Member Muller asked if the 4th Street vacation was a dead issue. Mr. Kirkpatrick said the application is dead, but it can be reapplied for anytime. Mayor Eimers said he had received a letter from Judd DeBoer regarding signs to Brundage. Mr. Millar expressed concern about multiple signs appearing for various recreational opportunities. The Council agreed they did not care for the idea. Printed 12/23/2005 Page 11 of 14 October 27, 2005 City Council Minutes Mayor Eimers asked if the City had received a response from the State Parks Department concerning encroachment. Mr. Kirkpatrick replied no, but that he will send the letter to Dennis Coyle who will push it on up the line. Council Member Robertson said he heard the State was going ahead with the plan. Mr. Millar said a MOU with the University of Idaho and State Parks is being developed for a McCall Learning Center and that they are willing to develop a three-way agreement which will include the City of McCall. Mayor Eimers said he had received a letter from the Sewer District, thanking them for the facility plan but they still will not pay. He said this letter will be included with the mediation material. BUSINESS AGENDA AB 05-208 Transportation Advisory Committee Appointments. Council Member Muller made a motion to approve the appointment of Rod Nielsen and the re- appointment of Charlie Tabor. Council Member Greer seconded the motion. All voted aye and the motion carried. AB 05-210 Revocable License Agreement with Ashbrook Homeowners Association for use of a right-of-way. Mr. Millar explained that when the Greystone Village PUD and subdivision were given general plat approval and preliminary plat approval, the City had the discussion about whether to extend Roosevelt straight through or jog it over. He said they extended it straight through to where the Ashbrook Condo people had been parking their cars in the past. He said that Mr. Benad and his engineer had been working with Ashbrook and the City. Mr. Millar said they put a little tiny "wow" in the road that met all the traffic engineering standards and the rest, pulled the road a little ways away from the Ashbrook Condos within the right of way, provided enough space for parking out in front there. He said he was concerned about them parking their cars, slipping and falling, etc., on the public's property. He said they had a conversation with the homeowners association and they would like to do a revocable license to use the City ROA to park their cars and for snow storage. He said they also want to take the piece of ROA in front of their property and the piece of Hemlock beside their property and landscape it, and maintain that landscaping. He said this license will allow them to do that; and they will insure us, indemnify us, and anytime we need that ROA, we can go back in and yank the license. Mr. Millar said he believes this is a win -win situation. He said the license is revocable, but the City cannot go in and revoke it on a whim; there must be public purpose for needing it. He said they will contract with Mr. Benad to build a parking lot. Printed 12/23/2005 Page 12 of 14 October 27, 2005 City Council Minutes Council Member Muller moved to approve the revocable license agreement and to authorize the Mayor to sign all the necessary documents. Council Member Robertson seconded the motion. All voted aye, and the motion carried. Mayor Eimers noted that all the trees in Brown Park have been cut down and no trees have been replanted yet. Brock Heasley explained that replacements were put in about 1 %2 years ago, but they were not put in the exact places due to the water level. He said the staff cleared out the whole area so now there is a broader area to see the lake. Council Member Robertson said he had just received the MOU for the skateboard park and asked Mr. Nichols if he had reviewed it. Mr. Nichols told the Council he helped Brock put together an agreement for the skateboard park, roughly based on the same type of agreement used in Meridian on Public/Private Partnerships in Connection with Parks. Council Member Greer noted that Cindy Crawford is the agent listed on the document. Mr. Nichols replied that this can be changed if necessary, but right now Ms. Crawford's address is the official address for the Skateboard Association. Council Member Robertson asked if the signature line should have a title; Mr. Nichols agreed it should be added. Council Member Robertson moved that the MOU be approved and the Mayor be authorized to sign all the necessary documents. Council Member Muller seconded the motion. All members voted aye, and the motion carried. Council Member Robertson thanked Ms. Crawford for all her efforts. AB 05-213 November and December Regular City Council Meeting dates. Meetings scheduled for next month are on November 2 (special purpose), 10 (regular meeting), and 30th (executive session). Mr. Kirkpatrick asked if he could add critical issues on the agendas for the special purpose meetings if necessary, and the Council responded yes. Council Member Robertson said the meeting on the 30th should be limited to executive session only. Discussion followed concerning the Sewer District holding a meeting with the mediator prior to the mediation session. Mr. Nichols said it is typical to provide a mediator with pre -mediation statements, but not to give a full position. Mr. Kirkpatrick said we need to schedule a waste water work session with CH2M Hill, and also consider dates for the zoning code public hearing. Council Member Robertson said he is not sure the public hearing can be held in January, but it would be good to hold the waste water work session in December so Kirk can be involved. He said it would also be good to include the new council members. After further discussion, the schedule for November and December meetings was finalized as follows: Printed 12/23/2005 Page 13 of 14 October 27, 2005 City Council Minutes November 2 — Special Meeting — 6 p.m. November 10 — Regular Meeting — 6 p.m. (include vote canvassing) November 30 — Special Meeting — 9 a.m. December 8— Regular Meeting — 6 p.m. (Kirk will not be able to attend.) December 14 — Special Meeting December 15 — Waste Water Work Session — 1 p.m. (Need to make sure that CH2M Hill is invited.) AB 05-214 Lift for Community Christmas Lights. The issue is whether or not the City will pay for the lift and allow businesses to use the lift for putting up their lights, thus using tax money to help private businesses. Mr. Nichols said the Council needs to be very careful about using City equipment for helping private businesses. The Council decided to let the Chamber of Commerce take care of the lift. ADJOURNMENT Without further business, Mayor Eimers moved to adjourn. Council Member Greer seconded the motion. All Council Members voted aye. The motion carried. The Council adjourned at 9:50 p.m. Kirk L. Eimers, Mayor ATTEST: lii(14) K Cve.b/tim, Printed 12/23/2005 Page 14 of 14 October 27, 2005 City Council Minutes