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HomeMy Public PortalAbout2018.09.13 Regular MinutesMINUTES McCall City Council Regular Meeting McCall City Hall -- Legion Hall September 13, 2018 Call to Order and Roll Call Pledge of Allegiance Approve the Agenda Consent Agenda Chamber/Department Reports Committee Minutes Public Hearing Public Comment Business Agenda Adjournment CALL TO ORDER AND ROLL CALL Mayor Aymon called the regular meeting of the McCall City Council to order at 5:30 p.m. Mayor Aymon, Council Member Giles, Council Member Holmes, Council Member Nielsen, and Council Member Sowers all answered roll call. 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; Kurt Wolf, Parks and Recreation Director; Jay Scherer, Airport Manager; Eric McCormick, Golf Course Superintendent; Meg Lojek, Library Director; Traci Malvich, Human Resources Manager; Dallas Palmer, Police Lieutenant; Nathan Stewart, Public Works Director; Mayor Aymon led the audience in the Pledge of Allegiance. APPROVE THE AGENDA Mayor Aymon moved to Accept the Amended City Council Agenda, as submitted, that added AB 18-225 Request Approval of the Grant Agreement with the Federal Aviation Administration for AIP Grant #3-16-0023-024-2018. This request was received at 10:46 a.m. on September 13, 2018 and the Grant Agreement must be signed by Tuesday, September 18, 2018 therefore this item cannot wait until the Council's next regular meeting. Council Member Nielsen seconded the motion. In a voice vote all members voted aye and the motion carried. MCCALL CITY COUNCIL September 13, 2018 Regular Meeting Page 1 of 12 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. Payroll Report for period ending — August 24, 2018 2. Clerk Report 3. Warrant Register — GL 4. Warrant Register — Vendor 5. AB 18-221 McPAWS FY19 Annual Contract Approval Request: It was identified in FY17 that the City needed to establish contracts with private entities that receive public funds. A contract for FY17 was successfully implemented. A contract for FY19 is needed. The agreement will terminate at the end of the fiscal year and be re -negotiated to match the funds to be appropriated for services from McPAWS in future fiscal years. The contract has been reviewed by the City Attorney and McPAWS Executive Director Amber Kostof£ 6. AB 18-219 Treasure Valley Transit (TVT) FY19 Annual Agreement Approval Request: This is the annual contract for services with Treasure Valley Transit (TVT) for fiscal year 2019. The agreement will terminate at the end of the fiscal year and be re- negotiated to match the funds to be appropriated for services from TVT in future fiscal years. The contract has been reviewed by both the City Attorney and TVT. 7. AB 18-217 Request to Approve the Health Reimbursement Account, Flexible Spending Account, and COBRA Administration Services Agreement with NueSynergy: The City's current provider for Health Reimbursement Account (HRA), Flexible Spending Account (FSA), and COBRA administration services, IntegraFlex, has merged with another industry provider, NueSynergy as of September 2018. The City has had a very good experience working with IntegraFlex for the past two years, and anticipates the level of service to remain great with NueSynergy. Staff evaluated other options for the administration services, and at this time feels NueSynergy will best meet the needs of the employees, and the City. All existing staff for IntegraFlex were retained through the merger, so will continue to work with familiar administration staff for the account services. Do to the merger and the new combined company conducting business as NueSynergy, it is necessary to update the service agreements to continue receiving administration services for our HRA/FSA and COBRA benefits. The existing Integraflex agreements are null, the NueSynergy agreements will replace all prior agreement for services. 8. AB 18-214 Request for Approval of the ESRI Standard Terms of Use and Annual User License Payment: The City of McCall Geographic Information System (GIS) has been in place for over 10 years and supports all departments within the City organization as well as the public. ESRI is the primary GIS software provider for the GIS field. While there is no explicit contract to be signed, the annual renewal is subject to ESRI's standard terms and conditions. The City Attorney reviewed the terms. The renewal payment and details are exactly the same as last year. MCCALL CITY COUNCIL Page 2 of 12 September 13, 2018 Regular Meeting 9. AB 18-216 Request to Approve the Funding Extension of Local Option Tax application 17-36 for the Lardo Bridge Public Art project to September 30, 2019: In April of 2016, the McCall Public Art Advisory Committee submitted an FY17 Local Option Tax (LOT) funding request in the amount of $8,000 to conduct a community - engaged process to commission public artwork to be added to the newly reconstructed Lardo Bridge. Notice of FY17 LOT Lardo Bridge Public Art project funding in the amount of $8,000 was issued in October 2017. These funds are typically required to be expended within one year of the date of funding notice. To date, $5,000 of the FY17 LOT funds have been expended, leaving a remaining balance of $3,000. Steel artist Susan Madacsi has been commissioned to create the public artwork for Lardo Bridge. In order to allow time for her to complete a community -engaged public art design process in keeping with the City's public art policies and for fabrication and installation of the artwork, the McCall Public Art Advisory Committee is requesting approval to extend the FY17 LOT remaining funding of $3,000 for the project to September 30, 2019. 10. AB 18-220 Request to Approve the Modified Findings for the Appeal of Planning and Zoning Commission Decision: DR-18-21 411 E. Park St.: During its regularly scheduled May 1, 2018 meeting, the McCall Area Planning and Zoning Commission unanimously approved DR-18-21 with amended conditions to prohibit vehicle access within the mixed - use structure's lower level commercial space due to concerns that the space would be utilized as a residential garage or storage area. During its regularly scheduled July 10 meeting, the applicant requested that the McCall Area Planning and Zoning Commission reconsider and remove amended condition 6 on the grounds that it unduly restricts the property owner and his ability to lease the space in the future. A motion was made to approve the applicants request, a roll call vote was held, and the motion did not pass. Findings were approved by the Commission during their August 7 meeting, which upheld the original conditions of approval based on the Commission's July 10 decision. The applicant appealed this decision within 10 days per MCC 3.15.08. Based on discussion with the City Attorney, it was determined the McCall City Code does not prohibit storage of commercial vehicles indoors, therefore the condition is unenforceable. During their regularly scheduled August 23, 2018 meeting, the McCall City Council unanimously approved the appeal of Condition 6 and directed staff to prepare findings. Council Member Holmes moved to approve the Consent Agenda as submitted. Council Member Giles seconded the motion. In a roll call vote Council Member Holmes, Council Member Giles, Mayor Aymon, Council Member Nielsen, and Council Member Sowers all voted aye and the motion carried. DEPARTMENT REPORTS Chamber of Commerce Chris Kostas of the McCall Area Chamber of Commerce presented the monthly report. West Central Mountains Economical Council (WCMEC) is hosting the Economic Summit at Shore Lodge on October 1, and they are co -hosting with the Idaho Small Business Center a business succession workshop at Idaho First Bank on October 26. The Leadership Academy deadline for applications is September 14. MCCALL CITY COUNCIL September 13, 2018 Regular Meeting Page 3 of 12 City Manager City Manager Anette Spickard reviewed the City Manager's report with Council. She shared the Midas Gold Educational Series will be on Tuesdays at 6:00 p.m. held at North Fork Lodge on the following dates/topics: October 9 — Community Positive & Negative Impacts, October 23 — Permitting Process with Multiple Agencies, and November 13 — Environmental Impact & Mitigation Requirements. The Doing Democracy group is hosting a conversation at Sept 18 at 6:30 p.m. at the library on the Midas Gold project, and the Nez Pierce Tribe is hosting a 2-day mining symposium at the Alpine Playhouse on Sept 24-25. She gave an update on staff changes and employment openings, and on the sewer district and JWAG. She spoke about complaints received about bear proof containers and trash issues. Mayor Aymon asked about Lakeshore Disposal's process of overflowing cans and City Manager Spickard will follow up and report back on that subject. Lastly, she reported on the cell tower locations and her interaction with the neighbors and efforts to work with the Idaho Department of Lands (IDL), who has not responded. She introduced Tom Tidwell of 1165 Majestic View Drive who requested the Council to consider writing a letter to Governor on the neighborhood's behalf The IDL has not had any public involvement or reached out to the neighbors of the area. Mayor Aymon requested staff draft a letter and have on the next Council regular meeting, September 27. Airport Airport Manager Jay Scherer gave a brief explanation of the grant agreement that will be presented later in tonight's meeting. He shared the activities of the six students from all around Valley County who attended the Drone Camp, learning how to safely fly drones. He gave a brief report of the upcoming stratospheric balloon launch. Community Development Community and Economic Development Director Michelle Groenevelt answered questions about the Indie Dwell project, the bike stations, complaints of large equipment parking in residential areas, and the Lardo Bridge art project. Golf Course Golf Course Superintendent Eric McCormick briefly answered questions about staff, construction, and the restaurant. Library Library Director Meg Lojek reported and answered questions on the Ambassadors meeting. Parks & Recreation Parks and Recreation Director Kurt Wolf answered questions on the zipline and rafting activities, the UTV event, and the weeding event. He reported Legacy Park should be complete by end of month and has received the appraisal for Riverfront Park for snow storage. Police Police Lieutenant Dallas Palmer reported a new officer will be starting November 5, the police remodel project it is slated to finished by October 1, and shared enforcement efforts on Davis Ave and Lick Creek Road. MCCALL CITY COUNCIL Page 4 of 12 September 13, 2018 Regular Meeting Public Works Public Works Director Nathan Stewart gave a brief explanation of the perchlorination process and reported the progress that is happening at the water treatment building in Legacy Park. Mayor Aymon complimented the department for the promotion of Sissy Wallace to Streets Supervisor. COMMITTEE MINUTES The Council received the following Committee Minutes for review: 1. Environmental Advisory Committee — July 19, 2018 2. Historic Preservation Commission — July 2, 2018 3. Historic Preservation Commission — August 1, 2018 4. Library Building Committee — August 6, 2018 5. Library Board of Trustees — July 19, 2018 6. Public Art Advisory Committee — June 12, 2018 7. Planning & Zoning Commission — July 10, 2018 PUBLIC HEARING AB 18-215 Request to Adopt an Ordinance amending McCall City Code Title 3, Chapter 5, Chapter 8, & Chapter 16 - McCall Area Code Update: Industrial Zone Development Standards Mayor Aymon opened Public Hearing for McCall City Code Title 3, Chapter 5, Chapter 8, & Chapter 16 McCall Area Code Update: Industrial Zone Development Standards at 6:18 p.m. Community and Economic Development (CED) Director Michelle Groenevelt presented the ordinance amendment and gave a brief history of the process for the code amendments related to McCall City Code titles 2, 3, and 9. There were some concerns about the development standards raised by property owners within the Industrial zone and through the public outreach in McCall In Motion. Specifically, the concerns are about location of the parking and the requirements for surfacing of drive lanes and parking lots. As part of the Community and Economic Development initiatives identified in the Comprehensive Plan, staff recommends that Council revise the code to remove any potential barriers and create more affordable opportunities to retain, grow and attract business within the City and McCall Area. While the development standards would be lower with the proposed code amendments, the goal is to screen these areas along Scenic Routes. There are 177 acres, or 1%, of land in the McCall Area zoned Industrial. In general, most Industrial zoned properties actual land use tends to be more commercial or `light' industrial in nature but most all follow the Industrial Zone code. Included in the Council packet is a Staff Report, Chapter 5 edits, Comparative Table of Industrial Zone standards from other communities, and the Ordinance with the zoning code amendments. At the August 7 Planning and Zoning meeting, the Commission recommended unanimous approval of the proposed code amendments. Community Development (CD) Planner Delta James gave a brief explanation of the economic development perspective matching the type of use with the zoning. CED Director Groenevelt and MCCALL CITY COUNCIL Page 5 of 12 September 13, 2018 Regular Meeting CD Planner James went over the amendments and explained the reasons for the changes listed in the staff report. The Community Development team reached out to the design community for feedback. Mayor Aymon asked for public comment at 6:18 p.m. and no comments were received. Council Member Holmes asked for clarification on the driveways and loading access in regard to curb and sidewalks, especially on Mission Street. CD Planner James stated there is no requirement for curb and gutter but there is for storm water management, access management considerations and driveway width standards. A turn analysis is required if there is an issue. There is a parking code that has been restrictive and is addressed in the amendments. Mayor Aymon expressed concerned about allowing gravel surfaces because of dust issues. Council Member Giles asked if paving was a big issue for the design community. CED Director Groenevelt explained the parking location was more the issue with the design community and the surfacing issues was more from the property and business owners due to cost. There is a mitigation process required for dust abatement. She also discussed provisions to allow landscape screening. Council Member Nielsen asked for clarification on the industrial zones and community commercial. He was concerned with what is next and would like to see an overview of the whole code revision. CED Director Groenevelt explained the process will take several years and as an amendment is addressed, it will touch on a chapter in the code which will be amended at that time. Staff felt there was value in bringing the industrial amendment first as they work through the process, and are looking at submitting a monthly update to the Council on specific content. Receiving no written correspondence or public comments, Mayor Aymon closed the public hearing at 6:47 p.m. Council Member Sowers moved to suspend the rules and read by title one-time only Ordinance No. 973. Mayor Aymon seconded the motion. In a roll call vote Council Member Sowers, Mayor Aymon, Council Member Giles, Council Member Holmes, and Council Member Nielsen all voted aye and the motion carried. City Clerk BessieJo Wagner read Ordinance 973: An ordinance of the City of McCall, Valley County, Idaho, amending the following chapters of Title 3, Planning and Zoning, of the McCall city code in the following particulars, to -wit: in Chapter 5, Industrial and Business Park Zones and Standards, section 3.5.01, Purpose, to remove the allowance for residential use in an industrial and business park zone; Section 3.5.02, Industrial Zone Use Regulations, under Table 3.5.02, to add `craft beverage production with or without tasting room' as a permitted use, to change the use of `dwelling unit' from C to A, and to remove the requirement that residential uses are only permitted on upper floors; section 3.5.03, Industrial Zone General Development Standards, under Table 3.5.03, to change the size requirements for street, frontage, abutting residential property, maximum coverage (percent) of structures, maximum height and maximum building footprint, and removing the limitation of coverage for lots larger than 50,000 square feet; section 3.5.04, Specific Standards for Industrial Development in any Zone, in Subsection (a), to reduce the distance between detached buildings from 14' to 10', MCCALL CITY COUNCIL Page 6 of 12 September 13, 2018 Regular Meeting in Subsection (c), to require design review for industrial development with a building footprint area of at least 10,000 square feet or a maximum building height exceeding 35 feet or a reduction in the minimum setback distance; adding Subsection (d), Surfacing; in Chapter 8, General Development Standards, in Subsection (d)2, removing industrial use from the parking space requirements, and in Subsection (d)5, requiring the approval of the Public Works Director for pavement edges closer than 5' from the right of way of a public street; in Section 3.8.061, Parking Area Development Standards, adding Subsection (a)2 standards for parking lots, loading areas, and driveways for industrial uses; and in Chapter 16, Design Review, Section 3.16.02, Applicability, requiring design review approval for development within the City and the area of City impact for commercial, business park, public or semipublic development, all development within DV, AF or AP zones, industrial development with a building footprint area of at least 10,000 square feet or a maximum building height exceeding 35 feet or a reduction in the minimum setback distance, for accessory dwelling units, multi -family residential projects of 2 or more units, or single-family dwelling units having a total area greater than 3,500 square feet. Council Member Holmes moved to adopt Ordinance No. 973, approve the publication of the summary 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 Giles all voted aye and the motion carried. Council Member Nielsen voted no. PUBLIC COMMENT Mayor Aymon called for public comment at 6:52 p.m. Tom Tidwell of 1165 Majestic View Drive expressed concern with the cell tower, looking for support from the City Council, and would like to see a process similar to what happened with the Noke's property. He wanted to tell the State to be a good neighbor in how their lands are going to be developed. Fred Coriell of 1109 Buckboard Way spoke about the possible good neighbor agreement with Midas Gold. He shared some different resources for the Council to consider. He felt binding agreements are encouraged but may be premature for the City to sign an agreement prior to the environmental study. He is concerned with some of the products to be mined. Brought forth questions for Council to consider and asked them to do their due diligence. Sarah Seidl of 1629 Lakeridge Drive spoke on behalf of Jim Dusek (sp?) and Leslie Palloties (sp?), who could not be present. They made an offer on 1631 Lakeridge Drive in July but have not been able to make contract on said property due to the uncertainty about the land, easements, and in particular, use and maintenance on a driveway being constructed on Lot 21 and 22. They request the support of the City to get clarity on the specific use and maintenance of the driveway currently being constructed on Lot 21 and 22 and the 10 acre parcel behind Lot 22. The easement filed in 1974 leaves much ambiguity and interpretation. In 1993, the City filed a declaration to vacate the specific easement in questions (instrument #200827). As development is being carried forward without the implementation of the specifics identified in the relocation, they are requesting the MCCALL CITY COUNCIL Page 7 of 12 September 13, 2018 Regular Meeting City be involved in the facilitation of the parties impacted by this development in the preparation of the use and maintenance agreement. Keely Duke, attorney, of 1629 Lakeridge Drive spoke to the easement reference by Sarah Seidl. She is concerned with the work being done on that easement. She thanked Public Works for their work and assistance. She is concerned with the behavior exhibited by their neighbor and they feel will not work with his neighbors and does not have fettered access. Nathan Todd of 403 Floyde Street spoke on the behalf of Nate Ostis who expressed concerns with the Midas Gold project and does not feel it should be approved. Mr. Ostis is concerned with protecting Idaho's clean water, and wonders if Midas Gold can truly achieve restoration as he is concerned this being their first mining project. He wants to know what 20 years of oversight will look like, and feels there no need to rush and get it right. This is a global problem. Sherry Maupin of 376 Verita wants to redirect the conversation about the community agreement with Midas Gold. First, she wanted to reiterate the City of McCall has no jurisdiction on development and implementation of the Midas Gold mine site. Second, she has been involved with the West Central Mountains Economic Development Council (WCMEDC) for 18 months and it is through the WCMEDC the community agreement was created to be a template to use with any large businesses moving into the area to mitigate impact to the communities. The name Midas Gold should be removed from the agreement because it is the vision and work of the WCMEDC committee and came through them. This agreement is not in place to solve the mining issue. It is about the collaborative effort of elected officials to work with large business to hold them accountable as they join our communities. Gene Tyler of 301 Eagle Lane, Donnelly stated he echoes what Sherry Maupin stated. He spoke positively as to what Midas Gold is doing in our community and the effort they are putting in to clean up the land, which no one else is doing. The federal government is not stepping up to take care of it. He addressed the comment about Midas Gold having no history. This is an industry needing change and Midas Gold is trying to enact change. They will be bonded 100% to clean up the area. They are being a good neighbor now and are trying to be open with their communication in asking for community involvement and input. They want this project to go right and are doing everything they can to ensure it will be done right. Mr. Tyler stated he asked every person he talked to at the last protest if they had been to the mine site and no one had. He asked how many had spent time on the website to learn about the company and the answer he got was it was bad science. He queried what does that even mean? No one could articulate what the bad science was. He addressed the comparisons to Tamarack, which was a different problem and not a true comparison and should not be a part of the discussion. He advised to keep an open mind and talk about your position on the subject. Judy Anderson of 13775 Nisula Road spoke about the letter request from Midas Gold. She feels if someone is appointed from the City prior to the community outreach it will prejudice the process and Midas Gold will use it to make it look like the City is in support. The draft agreement is a conflict of values. There were many references to the common values of the community. She feels it is disingenuous at best. A community of citizens whose values must revolve around the common good does not have the same values of a corporation which is about making a profit for their shareholders. She spoke to the misunderstanding of the nature of the resistance to Midas Gold. No MCCALL CITY COUNCIL Page 8 of 12 September 13, 2018 Regular Meeting agreement, discussion groups, or assurances given will change the fact that chemistry and physics make the mining operation a very high risk to the South Fork and all fisheries. Earl Dodds of 903 Buckboard Way lived here in excess of 60 years and is concerned with Stibnite mining project and water quality issues. He believes asking for the agreement before the Environmental Impact Study is out is a form of bribery. He feels the proposal is unethical. Hearing no more comments, Mayor Aymon closed the comment period at 7:26 p.m. BUSINESS AGENDA AB 18-218 Request to Approve the Appointment of a new Board Member to the McCall Redevelopment Agency Community and Economic Development Director Michelle Groenevelt presented the appointment of a new board member to the McCall Redevelopment Agency. Per McCall City Code, the City Council appoints a board of commissioners for the McCall Redevelopment Agency (MRA) which shall consist of seven (7) members. The term of office of a commissioner shall be three (3) years. Shelly Johnson resigned from the MRA Board which resulted in one vacancy. The Board position was advertised in The Star News and on the City website. Two letters of interest were received for the Board position from Mike Maciaszek and Tabitha Martineau. The MRA Board reviewed the letters and recommended to the City Council the appointment of Mike Maciaszek to the Board. Council Member Nielsen expressed concern with the process that transpired in making this recommendation. Initially there was no public notice of the open seat on the board. It is not about who was appointed only in the process. He did not feel it was very open and honest. City Attorney Bill Nichols stated there is no statute in State code Title 50 Chapter 20 regarding urban renewal districts regulating the process of appointment besides giving the authority to the Council to make the appointment. The Council can express preference on how they would like the process to be. Community & Economic Development Director Groenevelt commented there was posting in the newspaper for the opening and then advertised a second time at the direction of the MRA board. She has spoken to Ms. Martineau about another position coming open soon. There was a short discussion on the bylaws of committees and city code. City Attorney Nichols read the state code. Council Member Giles felt Council Member Nielsen was correct to call out the issue but also felt the initial process was sufficient. City Attorney Nichols stated the side boards are the ability of the Council to appoint or remove. In some cities it does not even go to the MRA board for recommendation, only to the Council. The Council has the power to choose how they want the process to be. Council Member Holmes moved to approve the appointment of Mike Maciaszek to the McCall Redevelopment Agency for a term of 3 years expiring in September 2021. Council Member Giles seconded the motion. In a roll call vote Council Member Holmes, Council Member Giles, Mayor Aymon, Council Member Nielsen, and Council Member Sowers all voted aye and the motion carried. MCCALL CITY COUNCIL Page 9 of 12 September 13, 2018 Regular Meeting AB 18-225 Request Approval of the Grant Agreement with the Federal Aviation Administration for AIP Grant #3-16-0023-024-2018 Airport Manager Jay Scherer presented the grant agreement with the Federal Aviation Administration for AIP Grant #3-16-0023-024-2018. The City has submitted to the Federal Aviation Administration (FAA) a Project Application dated March 8, 2018, for a grant of Federal funds for a project with the McCall Municipal Airport, which is included as part of this Grant Agreement; and the FAA has approved a project for the McCall Municipal Airport consisting of the Construction of the Parallel Taxiway (Phase I - land acquisition, legal fees). Council Member Nielsen moved to approve the Grant Agreement with the Federal Aviation Administration for AIP Grant #3-16-0023-024-2018 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, Council Member Giles, and Council Member Sowers all voted aye and the motion carried. AB 18-223 Letter from Midas Gold requesting Councilor and/or Staff be appointed to working group for draft Community Benefit Agreement City Manager Anette Spickard presented the letter from Midas Gold requesting a Council Member and/or staff be appointed to working group for draft Community Benefit Agreement. Laurel Sayer, CEO of Midas Gold Idaho Inc., submitted a letter to the Council responding to questions/concerns raised at the July 26, 2018 and August 23, 2018 Council meetings. The letter includes a request for the Council to appoint a Council Member and/or staff member to participate in a working group that is drafting the Community Benefit Agreement. Ms. Sayer also submitted a revised version of the Community Benefit Agreement summary. If the Council is interested in participating in the working group, it is recommended that both a Council Member and the City Manager be designated to participate in the working group. Anne LaBelle of Midas Gold addressed the Council as to what her company is asking for from the Council. The agreement is about sitting down with the community to resolve issues that may be created by Midas Gold's presence, to provide information, and proactively address concerns. They have approached the local officials for input and help to finalize the language. It is to be a vehicle to hold Midas Gold accountable for what they say they will do. The intent was for all to be included from the entire regional area. Council Member Nielsen feels it is a little backward. It should be developed by the communities and then presented to the corporation, not the other way around. He wanted to know why there was urgency when it has no bearing on the approval process. Ms. LaBelle clarified by explaining this agreement is a tool the communities can use to help shape what happens in their community and it is pertinent to address now because once the draft Environmental Impact Study (EIS) is done it will be a fairly final version of the project. Any input the communities want to have included need to happen before the EIS is complete. Purpose of this process is to give communities a voice. Most of the people involved in the drafting of the agreement were community leaders. Mayor Aymon asked if this agreement would still be binding if Midas Gold sells out to another company and Ms. LaBelle stated yes it would. Council Member Giles redirected to the item on the agenda as to whether the Council and or City Manager be part of the process. He stated he would be happy to serve on behalf of the Council. MCCALL CITY COUNCIL Page 10 of 12 September 13, 2018 Regular Meeting Council Member Nielsen does not see how it is possible to be able to sway the process with EIS and why would we work on an agreement without knowing all the details. Ms. LaBelle addressed the concerns with an example of how they worked with Yellow Pine and used the outcome of those discussions as part of what was submitted to the Forest Service. This format could have something to present to the Forest Service as part of the process to address issues at the front of the project instead of waiting until after the project starts. Mayor Aymon asked if the agreement is required to be included at the discussion table. Ms. LaBelle stated a main point of the agreement is to give a city a place at the table. The group of cities who do sign the agreement (signatories) will come together and create bylaws for the Signatory Council, and at that point can decide if they want to invite non -signatories to participate. She said she did not know the answer as the decision is up to the group formed from this process. She reiterated the intent is to be inclusive not exclusive. City Manager Spickard asked to clarify her understanding that the agreement being discussed is not the same as agreements referenced earlier and is not meant to be the vehicle the City will use to address a specific problem/solution because it's purpose is more to provide a forum to identify issues in communities overall, to oversee the foundation whose monies are set aside for the communities, and to provide the requirement of Midas Gold addressing issues identified by the group. She believes it is the Council's responsibility to the community if issues are identified that a specific agreement to mitigate those issues should be brought up with Midas Gold separately. Ms. LaBelle confirmed this agreement is to create group conversation to identify and focus on community and social impacts and the foundation is to help mitigate some of those issues monetarily. It is not about addressing or resolving issues about environment or infrastructure. If a city identifies a specific issue that will affect them, then a separate conversation with Midas Gold will take place at that time to address those issues. Sherry Maupin of 376 Verita wanted to define the process and compared it to how the process works when a developer wants to put in a subdivision. The surrounding homeowners are contacted and given a chance to give their input before the subdivision is approved. And she addressed Council Member Nielsen's comments about the group. Everyone was invited to the table and those who showed up grafted the agreement that is now before the Council. There was representation from every community. Sally Elliott of 1848 Warren Wagon Road is concerned with signing. Mayor Aymon clarified that the Council is not signing anything. The Council shared their thoughts. Council Member Sowers clarified what is being asked is having a member of the Council and the City Manager to participate. Council Member Holmes still has too many questions to feel she is the person to represent. Mayor Aymon shared she feels it is important to have a voice and participate in the process. Council Member Nielsen is not sure what is being asked. Ms. LaBelle clarified what is being asked for today is for representatives from the City attend a meeting next Friday and work through draft language and get comments on it. Mayor Aymon wanted to point out the City will not be making any decisions or signing anything at the very least until the public outreach 3-part lecture series is complete in mid -November and the language is drafted. MCCALL CITY COUNCIL Page 11 of 12 September 13, 2018 Regular Meeting Council Member Sowers moved to appoint Council Member Giles and City Manager Anette Spickard to attend the meeting with Midas Gold and surrounding communities regarding the community agreement. Mayor Aymon seconded the motion. In a roll call vote Council Member Sowers, Mayor Aymon, Council Member Giles all voted aye, Council Member Holmes and Council Member Nielsen both voted no, and the motion carried. AB 18-222 Request to Review and/or Approve the annual Agreement for City Attorney/Civil Legal Services with White Peterson Gigray & Nichols, P.A. City Clerk BessieJo Wagner presented the annual agreement for City Attorney/Civil Legal Services with White Peterson Gigray & Nichols, P.A. White Peterson has provided city attorney/civil legal services to the City of McCall since August 2005. The current one-year agreement expires September 30, 2018. The proposed agreement renews the agreement for one year. All terms remain the same. Council Member Holmes moved to approve the proposed Agreement for City Attorney/Civil Legal Services with White Peterson Gigray & Nichols, P.A. for one year to expire on September 30, 2019, and authorize the Mayor to sign all necessary documents. Council Member Giles seconded the motion. In a roll call vote Council Member Holmes, Council Member Giles, Mayor Aymon, Council Member Nielsen, and Council Member Sowers all voted aye and the motion carried. Upcoming Meetings Schedule Discussion Council discussed upcoming meetings. A discussion for trailer and parking issues is forthcoming. Council Member Nielsen requested to see the code amendments as a whole picture. After some discussion, the Council asked for a work session to go over the upcoming code changes in its entirety to see what parts of the code have in relation to the other sections. City Attorney Nichols stated there is no restriction for Council members to see the code discussions at the Planning & Zoning meeting as they are legislative in nature and open to the public, and they can discuss their questions with staff Economic Summit October 1 attendees will be Council Member Holmes, Council Member Nielsen, Council Member Giles (Call on Friday), and Council Member Sowers. ADJOURNMENT Without further business, Mayor Aymon adjourned the meeting at 8:27 p.m. ATTEST: 0‘ 4 OF ATc�,'�•,, s b� c t • • �• L =.. o; , BessieJo Wagrrter, City Cli?rf. MCCALL CITY COUNCIL September 13, 2018 Regular Meeting Page 12 of 12