HomeMy Public PortalAboutAB 18-012 Non Compliance Settlement Agreement - 324 W. Lake St
McCALL CITY COUNCIL 216 East Park Street
AGENDA BILL McCall, Idaho 83638
Number AB 18-12
Meeting Date January 11, 2018
AGENDA ITEM INFORMATION
Originator
SUBJECT:
Department Approvals Initials or
Supporter
Mayor / Council
Request to Approve CUP-10-02 Non-Compliance
City Manager
Settlement Agreement for 324 W. Lake Street
Clerk
Treasurer
Community Development Originator
Police Department
Public Works supporter
Golf Course
Parks and Recreation
COST IMPACT: N/A
Airport
FUNDING N/A
Library
SOURCE:
Information Systems
TIMELINE: N/A
Grant Coordinator
SUMMARY STATEMENT:
A Conditional Use Permit (CUP-10-02) was approved on May 27, 2010 with conditions of approval for the
property located at 324 W. Lake Street (formerly the Alpine Pantry). Over the past 7 years, staff worked
extensively to try to get the business owner, Gabriela Hess, to complete the project. As explained at the
November 30 meeting, Gabriela Hess is leasing to the new business Ruby’s Kitchen. Since there were still
outstanding conditions, the City Council approved a Deferred Infrastructure Agreement with associated
financial guarantees to ensure the improvements are completed and the new business could open. After
further review by White Peterson, the attached Non-compliance Settlement Agreement was drafted as a
better alternative to the approved Deferred Infrastructure Agreement. While it does not require financial
guarantees, it outlines the consequences for not completing the required improvements by October 1, 2018
and follows the enforcement section of McCall City Code.
RECOMMENDED ACTION:
Approve the Non-Compliance Settlement Agreement for 324 W. Lake Street and authorize the Mayor to
sign all necessary agreements.
RECORD OF COUNCIL ACTION
MEETING DATE ACTION
November 30, 2017 City Council approved a Deferred Infrastructure Agreement