HomeMy Public PortalAboutAB 06-212 Revised Findings for Fish Pen Docks CUPMcCALL CITY COUNCIL
AGENDA BILL
Number
Meeting Date October 26, 2006
AB 06-212
216 East Park Street
McCall, ID 83638
AGENDA ITEM INFORMATION
SUBJECT:
Findings for Conditional Use Permit for Fish
Pen Docks located at Brown Park — Revised
Approvals: Department/
Committee/Individual
Initials
Remarks
(Originator/
support)
Mayor /Council
City Manager
Community Development
Treasurer
Clerk
Police Department
Public Works
Golf Operations
Parks & Recreation
COST IMPACT: n/a
Airport
FUNDING SOURCE: n/a
Library
City Attorney
WFN
originator
TIMELINE: none
Grant Coordinator
Other:
SUMMARY STATEMENT:
After the remand hearing that was held on August 10, 2006, the City Council asked for additional
information on the cost of relocating the Dock to its prior location or Mile High Marina and continued the
hearing to August 24, 2006. Additional information was received and at the continued hearing on August
24, 2006 the Mill Park Village Property Owners Association President offered a compromise where the
Association would pay to move the Dock but if it was not moved in two years, the Dock could stay in
Brown Park. Council requested amended findings. The City Attorney asked the attorney for the Property
Owners Association to send proposed findings for consideration.
The proposed findings submitted by the attorney for the Association included a condition that if the
Association paid to move the Dock, that the Council would agree not to locate another dock at Brown
Park. Council considered the revised findings at the September 14, 2006 meeting. The City Attorney
represented to the Council that he understood the proposal from the Association was that the offer to pay
to move the Dock was conditioned on the Council's agreement not to put in another dock at Brown Park.
Council decided not to adopt the revised findings because it did not want to bind future councils on the
issue of a dock at Brown Park.
After the adopted findings were sent to the attorney for the Association, the Association attorney
contacted the City Attorney and it became apparent to the City Attorney that he had misconstrued the
intentions of the Association regarding the extra condition that would have prohibited installation of
another dock at Brown Park. Attached to this agenda bill is an email from the City Attorney to staff, and a
letter from the attorney for the Association. The Association did not intend the extra condition as an "all
or nothing" proposition.
RECOMMENDED ACTION:
Adopt revised findings that would allow the Dock to be moved at Association expense but without
the condition that if moved, there would not be another dock at Brown Park in the future.
RECORD OF COUNCIL ACTION
Meeting Date
ACTION