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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