HomeMy Public PortalAboutCouncil Minutes 2007 07/26MINUTES
McCall City Council
Regular Meeting
July 26, 2007
Agenda
Call to Order and Roll
Work Session
Adjournment
Call to Order and Roll
Reports
Public Hearings
Public Comment
Council Talk Time
Consent Agenda
Business Agenda
Executive Session
Adjournment
Call, Central
Call, Legion
Idaho Historical Museum
Hall, regular meeting
CALL TO ORDER AND ROLL CALL
Mayor Robertson called the Work Session of the McCall City Council to order at 4:00 p.m.
Council Member Bailey, Council Member Bertram, Mayor Robertson and Council
Member Scott answered roll call. A quorum was present.
The Work Session was convened at the Central Idaho Historical Museum, to review the
First Draft of the Central Idaho Historical Museum Development Plan.
AB 07-127 Central Idaho Historical Museum Development Plan
The Council received an update re the Central Idaho Historical Museum Development Plan.
City staff members present were Lindley Kirkpatrick, City Manager and Carol Coyle, Grant
Coordinator
ADJOURNMENT
The work session was adjourned at 5:35 p.m. to be reconvened as a regular Council
meeting at Legion Hall.
MCCALL CITY COUNCIL REGULAR MEETING
July 26, 2007
Page 1 of 13
CALL TO ORDER AND ROLL CALL
Mayor Robertson called the Regular Meeting of the McCall City Council to order at 6:01
p.m. Council Member Bailey, Council Member Bertram, Mayor Robertson and Council
Member Scott answered roll call. A quorum was present. Council Member Kraemer was
absent.
City staff members present were Lindley Kirkpatrick, City Manager; Fred Quiel, Deputy City
Manager / Administrative Services; David Simmonds, Information Systems Manager; Anne
Kantola, Librarian; Linda Stokes, Finance Manager; Brenda Loftis, Human Resources Director;
John Anderson, Airport Manager; Brock Heasley, Parks and Recreation Director;; Steven
Hasson, Planning Manager; Allan Morrison, Golf Pro; Eric McCormick, Golf Course
Superintendent; and Jerry Summers, Police Chief.
City Attorney Bill Nichols was present.
Mayor Robertson led the audience in the Pledge of Allegiance.
PUBLIC HEARING
AB 07-117 Crystal Beach Condominium Zone Map Amendment Mr. Hasson asked the
Council to continue this item, because the applicant has requested more time to review the
development agreement. He recommended not opening the public hearing. Instead, it may be a
good time to begin discussing the cost of under grounding utility services. Mr. Hasson said there
was a discussion at the last Council meeting about two areas of the City that might be candidates
for Franchise Fee monies that are available for under grounding utility services. One, there may
a stretch of 3rd Street, between Washington and Colorado where all utilities, including phone and
cable tv services are candidates for under grounding. Two, on Lake Streets, the Crystal Beach
condominiums the City is looking at 550 feet of under grounding, as part of the Development
Agreement. Their under grounding would include power poles, phone service, and cable tv.
Mr. Hasson said, that where we left off two weeks ago was asking (1) if this is where we want to
put the monies, and (2) have a discussion about whether we wanted the focus to be 3rd Street, or
if we wanted to put the monies in Lake Street, and (3) Proportionality should be considered
because Alpine Village and Woodsman, as part of their development will have to underground
and that is brand new development, and it is reasonable to ask them to do that, but, at the same
time, is it reasonable to ask Crystal Beach to do that when all they are asking for is a rezone for
purposes of moving a bank, and placing a parking lot. Mr. Hasson wanted to have the Council
consider the equity of requiring under grounding for this rezone.
Mr. Hasson said there is $214,000 in Franchise Fees in our fund. He said roughly that amount
of money would be required for the Crystal Beach under grounding as well as the
MCCALL CITY COUNCIL REGULAR MEETING Page 2 of 13
July 26, 2007
undergrounding for the area between Washington and Colorado. Hasson said he has all costs,
except for the costs for fibre optic for Crystal Beach.
Council Member Bertram asked for clarification as to project. Hasson said Washington to
Colorado Street is 252 feet. Crystal Beach is roughly 550 feet, so we would actually do about
800 feet of under grounding, between these two areas.
Mayor Robertson wanted confirmation that we would not open the public hearing, and continue
this matter. He also confirmed that we receive about 60-70,000 per year in Franchise Fees, and
by the time SITPA is ready we will have sufficient funds.
Mr. Hasson said that we have an agreement with Idaho Power through 2017, and right now we
levy the 1 % Franchise Fee. Idaho Power said they would be willing to open our contract and
allow us to increase our fee to 3% if we desire. There are two ways to increase the fee: vote of
the people or negotiate when agreement is open. Idaho Power is receptive to opening the
agreement because they want to see these utilities under grounded.
Mayor Robertson said he did not know how we can mandate sidewalks without a master plan for
sidewalks, stormwater drains, road elevations, etc., an overall engineering design.
Council Member Bailey said we need profiles for Lake Street and 3rd street as part of the plan, in
order to put Alpine Village, the Woodsman, and Crystal Beach on notice to be aware of the
profiles they are contributing to, so if you are going to build it, you are going to build it to this
drawing.
City Manager Kirkpatrick said the sections for Alpine Village and the Woodsman has been
approved by the City and ITD. He added that there is a draft "typical section" for the rest of the
Hwy 55 corridor from Krahn to Boydston. CH2MHi11 and City Staff have been working with
ITD, and ITD is still at the draft stage, but the Council has not adopted it yet.
Mayor Robertson said we need to have master plan to establish elevations for all properties
along 3rd Street, and Lake Street. The Mayor also recommended that the Development
Agreement be between the City and Crystal Beach Condominium Association, not Marvin Aske,
the President, as he is not the owner. Also, Mr. Aske's title, and Steve Brown's (attorney) title
should be added. Also, strike CH2MHil1 as the City Engineer.
Mayor Robertson established that both Alpine Village and Crystal Beach will have a
fence/retaining wall with open entry ways. He added that Bob Youde and Roger Millar worked
with design review to achieve a pleasant look to fencing and entryways.
Mayor Robertson moved that the public hearing be continued to the next Council meeting.
Council Member Bailey seconded the motion. In a roll call vote, Mayor Robertson,
Council Member Bailey, Council Member Scott, and Council Member Bertram all voted
aye, and the motion carried.
MCCALL CITY COUNCIL REGULAR MEETING Page 3 of 13
July 26, 2007
City Manager Kirkpatrick asked for direction on under grounding for the use of Franchise Fee
money for the Woodsman and Alpine Village and the Council supported use of the Franchise
Fees for this under grounding.
Council Member Bertram said the County used to establish priorities for paving, but if a
developer contributed, their project moved up in priority.
AB 07-124 Code Amendment Defining that condominium projects are subject to
subdivision regulation. Ordinance No. 840
Mr.Hasson explained that this Code Amendment would provide that Condominium projects are
subject to subdivision regulation. There has been some argument whether the City Code
articulates that Condominium projects would be subject to the City's subdivision Ordinance,
Title 9, and so we are proposing a text amendment that would clarify with some degree of
certainty that condominium projects are subject to Title 9 provision, and we would add to the
definition section of Chapter 2, Title 9 that Condominium Development, within the City of
McCall, and its area of impact is subject to City Code of McCall, Title 9, Subdivision and
Development Regulations, and shall be in accordance with MCC 9.2.08.
Mayor Robertson opened the public hearing at 6:30 pm.
Hearing no comments, Mayor Robertson closed the public hearing at 6:31 pm.
Council Member Scott asked if we were just bringing this into alignment with the State's
definition. Hasson responded that we are just clarifying the issue.
Council Member Scott then asked Hasson to explain what "undivided interest" meant in plain
English. City Manager Kirkpatrick explained that often times you own two things, your unit
(that is the separate interest in real property), and you also own a portion of, or a share of the
common areas, and that is the "undivided interest in common or real property". Hasson
explained that with a condominium you own inside the walls, but, with a Townhouse you also
own the dirt underneath.
Council Member Bailey moved that we suspend the rules and read the Ordinance one time
only, by title only, Ordinance 840. Council Member Scott seconded. In a roll call vote,
Council Member Bertram, Council Member Bailey, Council Member Scott, and Mayor
Robertson all voted aye.
The Ordinance was read by title only, one time only.
Council Member Bailey moved to adopt Ordinance 840. Council Member Scott seconded
the motion. In a roll call vote, Council Member Bailey, Council Member Scott, Council
Member Bertram, and Mayor Robertson all voted aye, and the motion carried. Ordinance
840 was adopted.
AB 07-125 Code Amendment: removing language from the zoning ordinance pertaining to
use of internally lighted signage. Ordinance No. 841
MCCALL CITY COUNCIL REGULAR MEETING Page 4 of 13
July 26, 2007
Steve Hasson explained that this code amendment would remove language from the zoning
ordinance pertaining to internally lighted signage. He said we passed a dark sky policy, and we
have design guidelines, and they both leave you with the impression that internally lighted
signage is incompatible with those guidelines and policy. So, it is suggested that the cure is to
remove the language that is in the sign ordinance. It is a simple striking of the language,
internally lighted . A sign with an internal light intended to illuminate translucent portions of
the sign. Now, it would be understood that we would not now allow internally lighted signs as
part of our design guidelines, and consistent with our dark sky policy, and consistent with our
signing and lighting ordinances.
Mayor Robertson asked if the policy is going to be clear now that new signs will not be
internally lit. Chairman Bob Youde of the P & Z, stated that, yes, prior signs are grandfathered,
but, from here on, no internally lit signs will be approved.
Council Member Bailey stated that there are parts of the sign ordinance chapter, if looked at in
its entirety, that would seem to allow internally lighted signs, example, "low voltage lighting"
which eliminates letters, temperature indicators, clocks, etc., and he believed that by doing this,
he was not sure it would eliminate the possibility of those kinds of lit signs. In addition, signs
for safety purposes that are internally lit, like stop signs that make them more visible at night
Mayor Robertson stated that the purpose of the sign ordinance is to maintain the "woodsy"
character of McCall. Council Member Bertram added that when her sign gets shipped from
Massachusetts her sign will be consistent with that goal.
Steve Hasson added that the verbiage in Section 2 which provides that "all Ordinances,
resolutions, orders, or parts thereof in conflict herewith are hereby repealed, rescinded and
annulled." This should make this Ordinance resolve any other conflicting provisions in our
rules, codes, Ordinances, etc.
Mayor Robertson opened the public hearing at 6:50 pm.
Hearing no comments, Mayor Robertson closed the public hearing at 6:51 pm.
Council Member Bertram moved to suspend the rules and read the Ordinance 841 one
time only, by title only. Council Member Bailey seconded. In a roll call vote, Council
Member Bertram, Council Member Bailey, Council Member Scott, and Mayor Robertson
all voted aye.
The Ordinance was read by title only, one time only.
Council Member Bertram moved to adopt Ordinance 841. Council Member Bailey
seconded the motion. In a roll call vote, Council Member Bertram, Council Member
Bailey, Council Member Scott, and Mayor Robertson all voted aye, and the motion carried.
Ordinance 841 was adopted.
MCCALL CITY COUNCIL REGULAR MEETING Page 5 of 13
July 26, 2007
AB 07-116 ZON-07-1 Zoning Map Amendment
Steve Hasson reviewed the effort to rezone the Airport from Industrial to Airport Zone. Last
year when the zoning ordinance was updated, the City added a new section which was called
"Airport Zone". The Airport Zone was created to protect Airport Navigation and possible
Airspace obstructions or intrusions, and noting that thousands of Airports have shut down in
America because of inadequate zoning.
Hasson went on to say the current Industrial Zone does not protect Airport avigation and in fact
the Airport is a non -conforming use within the Industrial Zone which curtails its expansion and
development opportunities. So after many public hearings an Airport Zone was approved, only
to discover that the process by which it was noticed was defective. It was brought back at the
last meeting, there was discussion about it at the time, and it was determined to defer action on
this item until this July 26 meeting.
Hasson prepared a memorandum which was placed on the Council's desks. The memo says that
if the Council would like to proceed with the Airport Zone, there are two possible courses of
action: (1) Continue the Airport Rezone to a date certain so that staff may properly notice this
item, while constructing a development agreement that would add requirements to the Airport
rezone application to resolve certain public and Council concerns. For example, the
Development Agreement could contain language that requiring Scenic Route Zone provisions to
apply to the Airport rezone, after the Airport master plan is approved. It could also have
provisions that address height limitations in the agreement. (2) Alternatively, the Council could
remand this land use item back to the P & Z Commission with some guidance to them about the
construction of companion text amendment language that could be inserted in the Airport Zone
that would address certain public concerns and then the rezone application would come back to
you after Commission public hearing.
Hasson said that if the Council would like to proceed with the Airport rezone, there are two
avenues for doing so. If on the other hand, the Council does not want to proceed, due to notice
defects, that we just discontinue the public hearing, we do NOT recommend that you deny the
rezone.
Council Member Bertram confirmed with Hasson that the Council could put this rezone out, and
include the concerns that Council Member Bailey had, and the Mayor had and get a totally
different rezone look. We could add more restrictive things to address these concerns. Hasson
confirmed, that the Council could do that, in one of two ways, (1) a Development Agreement
that does essentially what a text amendment would do, which would add restrictions to the
Airport rezone and make it work for all parties, OR (2) remand it back, with text amendment
language and just ask that the P & Z entertain the text amendments and wrap that in as a
companion document, with the Airport Rezone application, and they would come back for
approval to the Council again. Both do essentially the same thing, one is more expedient, but
both are viable options to move forward.
Council Member Bertram confirmed that if it goes back to P & Z that would be two more public
hearings. Mayor Robertson also reminded that P & Z already turned it down, and that the
Council could potentially accept the Airport rezone, the way it is written, and then the Council
MCCALL CITY COUNCIL REGULAR MEETING Page 6 of 13
July 26, 2007
could hold off on the Airport master plan, until the Scenic issues, and other issues are resolved.
The Mayor said that if we could have a Development Agreement that takes out that one
paragraph, and proceed.
Council Member Scott asked the City Attorney if she could participate in a general discussion of
planning issues, and federal requirements, and then not participate in a vote. The City Attorney
said she could.
Council Member Bailey said that last year we allowed a number of non -permitted uses for an
Industrial Zone at the Airport. He said we cannot approve more hangers, or development at the
Airport until the rezone is accomplished. We need to table this application until the things we
are talking about, the Development Agreement, the code amendment, are completed, and then
address the rezone application until those things are in place. The development agreement may
be the smarter way to proceed, rather than a number of code amendments. The one exception is
the one paragraph that should be deleted because it was never intended to put development
standards in the Airport Master Plan. And so, to expect them to be there was a mistake, and
something we overlooked, and we did not talk about it very much.
Mayor Robertson said he would be agreeable to taking paragraph C out (the third paragraph) and
put it in abeyance, and it automatically deletes as soon as we adopt, subject to the decision that
comes to us from P & Z.
Council Member Scott guessed that the Federal Regulations would support that. They will make
sure that we are in compliance. The FAA's summary is that all land and improvements that the
FAA has funded will be used for aviation. They will demand that "all aviation uses be allowed".
Any limitation we try to impose on this land will result in a Title 16 lawsuit. Even if it remains
an Industrial Zone, the feds will say we must allow all Airport uses. Steve Hasson may have
come up with a way for us to avoid a problem with the Feds.
Council Member Bailey said we do not want to deny the rezone, but must make sure than when
we do so the problems we have discussed are resolved before then. To do that, we should devise
a development agreement and strike the one paragraph.
Steve Hasson suggested a member of the Council and a member of P & Z be involved.
City Attorney suggested scheduling this for a date certain, either 8/23 or 9/13. Hold a properly
noticed meeting on that date. Then the Council can say, we will approve the rezone if there is a
development agreement which says, a, b, c, d, etc. Then, direct staff to go put together a
development agreement, and bring it back to Council at the next meeting, with the development
agreement and a proposed Ordinance. That way, staff is not going to have to guess what should
be in the development agreement.
Mayor Robertson moved to continue the public hearing until August 23, and prior to that,
properly notice the public hearing and consider then what might go into the development
agreement. Council Member Bertram seconded the motion. Mayor Robertson asked, "A11
in favor, signify by saying aye, and all said aye", the motion carried.
MCCALL CITY COUNCIL REGULAR MEETING Page 7 of 13
July 26, 2007
PUBLIC COMMENT
Mayor Robertson called for public comment at 7:35 p.m.
Grant Kingsford, 922 E. Chipmunk Lane, McCall: You had some opposition to Golf Course
fogging for mosquitoes, and I would like to present you with a petition with the names of 280
residents, and golf course guests, who support the fogging. The petition heading says, "We the
undersigned who have signed below support the McCall Golf Course mosquito fogging program.
The spraying done by the golf course maintenance staff is not only a safeguard to both players
and residents of the Golf Course against the deadly West Nile virus but also makes for a more
pleasant atmosphere for both residents and guest of McCall."
Council Member Bailey said he did research and found a web site "mosquitomanagment.com,"
which describes the various insecticides being used which comes from chrysanthemums, with no
injuries to mammals. He finds it hard to understand how some could object to the most widely
used insecticide on earth.
Council Member Scott said some Golf Course residents were commenting that they loved the
fogging because now they could actually sit out on their porch at night.
Hearing no further comments, Mayor Robertson closed the public comment at 7:44
COUNCIL TALK TIME
Council Member Bailey said the City got word from CH2MHi11 that they did not pass the
"seepage test". The limitation of 1/8 inch per day, and the average was 1 '/2 inches per day. So
in five days it is over 7 y2 in. City Manager Kirkpatrick said "Rainy Day Water" will be here in
August to test and patch. If we pass 2 or 3 years in a row we will then not need to be tested. The
damage high on the wall is ice damage. Early on there were leaks due to the ladders. Most of
the leaks associated with ladders have been resolved. In the early years were major leaks to
bottom, left over from construction. It is a DEQ requirement to test, and if we get 3 or 4 passes
in a row, then no more inspections annually. It is tested in last day, of the first week in May, at
its high point.
Council Member Bailey also discussed the letter from Administrative Judge Darla Williamson
who strongly supports the return of the courts to McCall. City Manager and Chief Summers
attended the County meetings with other representatives, and reports a general agreement on
need to bring Courts back here, but a lot of resistance from County staff. The Commissioners
asked questions of staff, and us, and judge and appointed a committee comprised of City
Manager Kirkpatrick, Chief Summers, ' > Id Perry (court clerk), Francie? (County Clerks office),
Doug Miller, Judge Boomer, Larry Dunn, Matt Williams. The issues were (1) space needs, (2)
trained staff, (3) security needs in court, (4) bailiff. Cost was not mentioned. The commissioners
MCCALL CITY COUNCIL REGULAR MEETING Page 8 of 13
July 26, 2007
were very interested in funding from McCall, but City Manager Kirkpatrick reminded much of
the funding comes from the City already.
Council Member Bertram reminded that the County took much of our funding to build the
facility down in Cascade. They did not give us the benefit of a public hearing, even though we
built the facility at that end of the County. We were given no input on how or where the facility
should be built.
Mayor Robertson said the Court facilities should be centrally located, perhaps Lake Fork, but
should not be focused in Cascade, the south end of Valley County.
Council Member Bailey read a letter from a resident supporting McPaws. McCall taxable sales
are 660M and 1/4% would yield 160,000, and for a 3/4% sales tax, the City could fund all of
McPaws budget. The City does not have any more money to give McPaws beyond the 71,000
we are giving them. The City staff has done a wonderful job cutting everything. City Manager
Kirkpatrick reminded that McPaws is being funded at a greater rate. McPaws figured that care
for dogs is $14 per day, and if multiplied equals their $104,000. The new budget provides
$71,000. If you look at only the $60,000 for operations, the tax payers are paying for 8 days of
care, which is five more than the 3 days we used to provide. This shows the City ig supporting
McPaws, and paying a very adequate level, more than in the past.
Don Bailey thought that, if the Council supported it, he would write a letter to the Star News
proposing a sales tax to support funding for McPaws. Council Member Scott also said the letter
ought to correct a lot of misinformation that has been communicated about the City's support for
McPaws.
Council Member Bertram said the Mayor was invited, with the City Manager, to go to Florida
and attend the Shuttle mission with our McCall school teacher aboard. She proposed the Mayor
be provided with the funds to attend. The money for the Mayor will be taken from the Council
contingency. City Manager Kirkpatrick said the Discovery Center of Idaho is providing a link to
communicate with the Shuttle. Council Member Bertram volunteered to represent the City at the
Discovery Center's communication site in McCall.
Mayor Robertson asked for someone to call Sun Valley, Ketchum, and get the information about
how much money they get from the LOT, and how they spend it.
Council Member Scott asked where we are with Davis Beach. Deputy City Manager Quiel
reported that a meeting was held with the South Dock owners and another will be held on
August 3 with all of the property owners, with Don Bailey attending.
City Manager Kirkpatrick said the Rio Vista water line will start in two weeks. Affected
residents will get door hangers, and the project will start August 6.
Mayor Robertson wanted to move the business agenda up, before the consent agenda.
MCCALL CITY COUNCIL REGULAR MEETING Page 9 of 13
July 26, 2007
BUSINESS AGENDA
AB 07-126 Planning & Zoning Commission Annual Report
Robert Youde, 1210 South Samson Trail, Chairman of the McCall Area Planning and Zoning
Commission (P&Z) addressed the Council to present the P&Z's annual report, a three page
report dated July 26, 2007.
• Finally the commission is at full strength. All seven seats are filled.
• Council Member Bertram liked the reference on page 2 to working closely with the
business community.
• Mayor Robertson takes exception to the reference on page 2 where the P&Z states it is
their role to balance to Airport and the City's future. The political negativity should not
be pointed at the P&Z. Mr. Youde just referenced the fact that the plan is routed through
the P&Z.
• Mayor Robertson said the Council really does support the P&Z. We support 95% of
what the P&Z does. Mr. Youde said the P&Z sometimes is viewed as going a different
way than Council and the P&Z does not want that perception to prevail in the
community.
• Council Member Bailey pointed out that the referenced "statistics" are not attached. Mr.
Youde said Steve Hasson will pass those along.
• Council Member Bailey said the Comp Plan needs to be part of the next CH2/OTAK
meeting up here. Mr. Youde is on the steering committee. The County Commissioners
said they have new impact lines for Cascade and Donnelly. The next steering committee
hearing will be noticed, and Council Member Bailey will attend. Mr. Youde said there
are three encapsulated areas that are now ripe for discussion about annexation. Mr.
Youde said the P&Z will prepare a plan but only if the Council directs them to.
• Mr. Youde said the time is coming to have more regular assignment of an attorney to
keep the P&Z out of procedural problems.
• Mr. Youde said he would like a clarification of what an appeal hearing is. Is it a de novo
proceeding, etc.
• Mr Youde asked the Council to keep being selective on the members you appoint.
AB 07-128 SUB-05-01 & PUD-05-01 Final Plat Approval — Whitetail Subdivision
Steve Hasson reviewed the approval of the final plat subdivision and PUD. This was in front of
the P&Z in April and they approved this land use for 23 single family lots, on approximately 39
acres. The P&Z found that the land use met the requirements of Title 3 and 9 and they
recommended the project. Mr. Millemann is here to explain all that went into this document,
and to discuss the timing of the surety. The engineering is complete and the financial assurances
are complete even though there are blanks in the form.
Steve Millemann said it is a final plat, and will entertain questions.
MCCALL CITY COUNCIL REGULAR MEETING Page 10 of 13
July 26, 2007
Council Member Bailey said the 4th conclusion is the applicant HAS submitted the final GIS
files for the final plat. Have they been submitted, or will they be submitted? Mr. Millemann
said they will come with the final millars. Change to "will submit". ,
Council Member Bailey said the second amendment to the development agreement has a bunch
of blanks on paragraph 7.1. Have those been filled in? Mr. Millemann said they have the
numbers and that is what Mr. Hasson referred to in his opening remarks. He said there are
additional issues to discuss with the City Manager and City Attorney about the timing of the
surety because there is not an intent to start for one year. Council Member Bailey confirmed that
it would be no problem filling those in.
Mr. Millemann said the action they are seeking is approval of the final plat, subject to the timing
of the financial assurances and those being resolved and presented to you in a complete
development agreement at your next meeting.
Council Member Bertram asked about the timing of the surety's and Mr. Millemann responded
that it is typically with the final plat recordation. That is a logical timing because once the final
plat is recorded the declarant has the ability to sell property. So the interest to the public is that
by that time the infrastructure needs have either been completed, or financially assured. We
have an unusual situation because this plating was done to stay within your ordinances 12 month
successive requirements for final plat and John does not intend to sell lots for quite some time.
So, there is some concern about putting $lm in an account knowing it is not going to be needed.
Mr. Millemann said we have some options under the ordinance in that we do not need to record
this final plat until 18 months after you approve it, and that may be one way to address it, but we
will meet with the City Manager and City Attorney before we decide what we will do. So we
need to make sure the development agreement reflects whatever that resolution is. So, what I
envision is an approval of the plat, subject to the development agreement coming back to you
with that resolution so you can review that piece.
Council Member Bailey said another question is about "Progress Reports" filed with the
commission. Has Whitetail filed any progress reports? Mr. Millemann said no, but they have
been in front of the commission many times bringing them up to date. Council Member Bailey
said it is in the code and a way to keep people aware of what is going on, especially over a long
project. We are not asking for proprietary information; just keep people up to speed. Mr. Sabala
said they will submit them.
Council Member Bailey also asked about the bike path between Preview Court and Warren
Wagon. Mr. Millemann said they are going to follow through on that connectivity, and an
pedestrian path to connect them. Council Member Bailey said you could continue another 200
feet.
Mr. Millemann said the appropriate action is to approve, subject to the development agreement
coming back to you in final form, incorporating whatever we end up resolving on financial
assurances. In response to the City Manager, Mr. Millemann said he sees it as completing the
platting, subject to the development agreement comporting the agreement on financial
MCCALL CITY COUNCIL REGULAR MEETING Page 11 of 13
July 26, 2007
assurances. He would rather not have to come back and submit the plat again, but have it
approved subject to the development agreement.
Council Member Bailey said, in response to the City Manager's comments, that the City has
been following the City Attorney's advice and requiring completed development agreements,
signed, prior to final plat approval. As we have already seen final plat's two or three times,
Council Member Bailey said he is confident this will be finished. If Whitetail was a new
applicant, with a new project, I would say wait, but in this case I can see proceeding.
The City Attorney said that until all the is are dotted, and is crossed on the development
agreement, the Mayor does not sign the final plat. Mr. Millemann said the only reason there are
not numbers filled in is because it was suggested to Steve Hasson that they might want to hold
this plat so that it does not get signed and recorded, and the financial assurances do not get
placed in escrow until we are closer to the actual commencement of the construction of the
project. We have not had the opportunity to get the City Manager's or City Attorney's feed back
yet. So, that is the only reason the development agreement is not signed.
Mayor Robertson makes a motion to adopt the findings and conclusions and related
development agreement, subject to the financial information and timing being worked out
on the development agreement, and submitted at the next Council meeting for Whitetail
subdivision and final plat SUB-05-01 and PUD-05-01 and authorize the Mayor to sign all
necessary documents. Council Member Bertram seconded. In a roll call vote, Mayor
Robertson, Council Member Bertram, Council Member Bailey, and Council Member Scott
all voted aye, and the motion carried.
Mr. Milleman then added he believed the Council oversight of the P&Z is very important, and
the level of review by elected officials is very important, and should not be apologized for.
CONSENT AGENDA
Staff recommended approval of the following items:
• Minutes —June 28and July 18, 2007
• Warrant Registers printed on July 23, 2007
• Payroll Report for Period ending July '17, 2007
• AB 07-123 Alcohol Beverage Catering Permits
Some corrections were made to the June 28 minutes. Council Member Bertram had a question
about Unemployment Benefits on the Warrant Register. City Manager Kirkpatrick said we pay
for any unemployment that happens, subsequent to their employment in McCall, then, if their
becoming unemployed is within the 9 month tail, we pay all, or a portion of their unemployment
benefits.
MCCALL CITY COUNCIL REGULAR MEETING Page 12 of 13
July 26, 2007
Council Member Bailey moved to accept the consent agenda with noted corrections to the
minutes. Council Member Scott seconded. Mayor Robertson asked for an aye vote for all
in favor. All Council Members, and the Mayor said aye, and the motion carried.
ADJOURNMENT
Mayor Robertson moved to adjourn. Council Member Bailey seconded. Mayor Robertson
asked for an aye vote for all in favor. All Council Members, and the Mayor said aye, and
the motion carried.
Without further business, the meeting was adjourned at 9:44 p.m.
J
William A. Robertson, ayor
MCCALL CITY COUNCIL REGULAR MEETING Page 13 of 13
July 26, 2007