Loading...
HomeMy Public PortalAboutCouncil Minutes 1991 01/24McCALL CITY COUNCIL MINUTES JANUARY 24, 1991 I. Call to Order and Roll Call Mayor Allen called the meeting to order at 7:01 M. Councilmen McCarty, Van Komen, Larson and Wallace ans'.ed the roll call. The Mayor declared a quorum present. II. Minutes Minutes of the January 10 and January 17 meetings ;re reviewed. Van Komen moved to approve the minutes o :he January 10 and January 17 meetings. Wallace secondec::ind the motion carried. III. Claims The Council discussed withdrawing a claim to Computer its and another to West One Bank for safe deposit box gnt. McCarty moved to close the safety deposit box al,„1 to approve the claims except for the Computer Arts anc West One bills as discussed. IV. Staff Reports A. City Administrator's Report A written report dated January 24 was submitted which advised of an accident involving a city vehicle, the scheduling of a discussion on mandatory garbage se -vice for February 14, action by the Idaho Land Board or. Mill Park remainder and status reports on the golf clubhouse repairs and on golf pro contract negotiations. The Administrator advised that Mr. Busby wishci to address the Council regarding the ATV race course. The Council invited him to address them. He presehted a letter on behalf of merchants in the area. After lengthy discussion, the Council asked that the Chamber of Commerce be advised to attend to this matter and respond to the city well in advance of the 1992 Minter Carnival. No action was taken to alter the 1991 race course route. Schmidt noted that the Mobile Home Moratorium expires on January 31. After discussion, McCarty moved to direct staff to adopt a new moratorium for both the city and 1 impact areas. Van Komen seconded and the motion carried. Staff advised that February 21 would be a good time to conduct a public meeting on the land trade and park bond. Van Komen moved to set a special meeting for February 21, 7:00 P.M. in the American Legion Hall. McCarty seconded and the motion carried. An oral report was given recommending amendment of Title I of the Village Code to integrate the code with the personnel rules, to allow more flexibility in setting compensation of department heads, and define "officers" of the city. This followed a request for a staff recommendation on the City Treasurer's compensation. Without objection, the Mayor ordered that staff amend Title I of the Village Code as directed in the discussion. B. City Attorney's Report 1.Ordinance 580, related to open containers of alcoholic beverages. Mr. Killen presented the ordinance. McCarty moved to suspend the rule requiring an ordinance be read on three separate occasions. Van Komen seconded and on a roll call, McCarty, Van Komen, Larson and Wallace voted AYE. Mayor Allen declared the rule suspended. Wallace moved to adopt Ordinance 580, Larson seconded. The Attorney read the Ordinance by title. Wallace, Larson, Van Komen and McCarty voted AYE on a roll call and the declared the ordinance adopted. 2.Resolution 1-91: This resolution authorizes suspension of the open container ordinance for two Winter Carnival events as provided by Ordinance 580. McCarty moved to adopt Resolution 1-91. Larson seconded and on a voice vote the motion carried unanimously. 3.Deed, Warren Wagon Road: A deed for a certain portion of land, the former Warren Wagon Road right-of-way, to perfect the title of the transaction twelve years ago between the city and Shore Club Lodge, Inc. was presented. Counsel advised that authorizing the Mayor to execute the title was the only action required. Van Komen moved to authorize Mayor Allen to execute the deed to perfect the title to the land. Wallace seconded. On a roll call vote Van Komen, Wallace, McCarty and Larson voted AYE. The motion carried. C. City Treasurer's Report A written report dated January 24 advised the statu pf the computer conversion process including hardw:. e, software and vendor support. He is pleased witl he equipment and support and reported that the convex .on was progressing to date without incident. The Mayor declared a ten minute recess. V. Old Business A. Ordinance 579, Regulating snowmobiles on portio' of State Highway 55: The Council noted letters fro- the County Engineer and the City Attorney regarding the county land used for the snowmobile trail on the west bank of the Payette River. Staff proposed Some immediate remedial actions to mitigate the hazard c' the existing route. McCarty moved to direct staf to proceed to build a roadway for snowmobile use a to cooperate with Valley County in every way in the project. Larson seconded and the motion carried unani- mously. McCarty then moved to suspend the rule requiring an ordinance to be read on three separate occasions. Larson seconded. On a roll call vote, McCarty, Larson, Van Komen and Wallace voted AYE. The Mayor declared the rule suspended. Larson moved to adopt Ordinance 579. Van Komen seconded. Larson, Van Komen, Wallace and McCarty voted AYE on a roll call vote. The Mayor declared the ordinance adopted. At Council request, the Mayor directed staff to advise transportation and law enforcement agencies of the passage of the ordinance. VI. New Business A. Sewer/Water, Craig Johnson Property: A letter from Mr. Kerr posing questions regarding utility service to this property was acknowledged. After discussion with Mr. Johnson, the matter was referred to J-U-B Engineering for further comment. B. State - Local Airport Grant / Idaho Department of Aeronautics: The application is for a 50:50 state -local 3 grant to fund the survey platting work required tL identify and locate leases on the airport. Van Komen moved to authorize the Mayor to sign and execute the application. McCarty seconded and the motion carried. C. VALUED, Request for funds: A letter from Larry Smith, President of VALUED, requesting $450 to assist the organization in its economic development tasks was considered. Van Komen moved to authorize the $450 expense from the contingency fund. McCarty seconded and the motion carried on a voice vote. VII. Board, Committee and Commission Reports Requiring Action A. Golf Course Advisory Committee, January 8, 1991 1.Golf fees: McCarty moved to adopt the Committee's recommendation for a 20% across the board increase, ear -marking those funds for irrigation system improvements. Van Komen seconded and the motion carried unanimously. The Council asked that more discreet cost estimates be secured on the costs associated with the golf course irrigation system. 2.Whispering Forest: The Committee recommended that the amended P.U.D. plan for the golf course be submitted to the committee for review prior to Commission and Council approval. Van Komen moved to ask the Committee to review any amended golf course layout plans for the Whispering Forest P.U.D. Wallace seconded and the motion carried. 3.Fu11-time position: The supervisor had requested an upgrade of one part-time position to a full-time position. The Committee recommended this change through September 30, 1991. Extension of this position beyond that date requires approval in the 1991-1992 budget. Wallace moved to approve the personnel change as recommended. Larson seconded and the motion carried. B. Impact Planning & Zoning Commission, January 14, 1991 The Commission's minutes of January 14 and the Findings of Fact and Conclusions of law in the request for a special use permit by Dennis and Nancy Bolger was considered. The Commission recommended a second hearing. After lengthy discussion, Van Komen moved to deny the request and adopt the Commission's Findings of Fact and Conclusions of Law dated January 22, 1991, subject to receipt of a notice of appeal from the 4 00 Bolgers within twenty days. Larson seconded and the motion carried. VIII.Correspondence A letter from the County Engineer regarding annexation of the Rio Vista subdivisions was noted. The Council asked to review the staff analysis on this matter of several years ago. IX. Other A scheduling conflict for the February 21 meeting was noted. Van Komen moved to reschedule the February 21 special meeting, set earlier on this agenda, to February 19, Tuesday 7:00 P.M. at City Hall to ensure presence of a quorum of the Council McCarty seconded and the motion carried. Council asked that Margaret Clemmer be advised of this change in writing. The Mayor directed the staff to advise. X. Information Items The Council acknowledged receipt of the following information items: A. Tax Commission Certification B. AIC City Report C. AIC Legislative Hotline #1 D. AIC Legislative Hotline #2 E. Calendar XI. Adjournment At 10:39 P.M., without further business, Wallace moved to adjourn. Larson seconded and the motion carried unanimously. ATT T: Arthur J. Schmidt City Ad nistrator 5 J(Shn J. A2 en Mayor ORDINANCE NO. 5.77 AN ORDINANCE OF THE CITY OF MCCALL, IDAHO RELATING TO THE REGULATION OF THE OPERATION OF SNOWMOBILES WITHIN CORPORATE LIMITS OF THE CITY OF MCCALL; AMENDING CHAPTER 7 OF TITLE V OF THE VILLAGE CODE OF MCCALL, IDAHO BY THE ADDITION OF A REGULATION AUTHORIZING, ON A TEMPORARY BASIS, THE OPERATION OF SNOWMOBILES ON A PORTION OF WEST LAKE STREET (STATE HIGHWAY 55) TO PERMIT THE CROSSING OF LARDO BRIDGE, AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE AND AN EFFECTIVE DATE FOR ITS TERMINATION. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, IDAHO, AS FOLLOWS: Section 1. That Title V of the Village Code of McCall be, and the same hereby is, amended by the addition of a new paragraph to Subsection 5-7-5, Regulations for Operation of Snowmobiles, as follows: 5-7-5(0) Operation of Snowmobiles are authorized on Lardo Bridge, namely, that portion of West Lake Street (State Highway 55) which crosses the North Fork of the Payette River. While crossing, all operators shall otherwise conform their conduct to all other regulations established by governing ordinance and law including, but not limited to, speed, time of operation, licensing requirements, and manner of operation. Section 2. That all other ordinances, or portions thereof, in conflict with the foregoing are hereby repealed. Section 3. This ordinance shall be in full force and effect upon passage and publication In one (1) issue of the Central Idaho Star -News. Section 4. This being an experimental regulation, and temporary in nature, it shall terminate one (1) year from date of passage unless otherwise renewed or extended by the Mayor,and Council of McCall. PASSED AND APPROVED this day of CITY OF MCCA By ATTE Arthur J. Sc. idt, Clerk 'w" Cl"."->_, 1991. 11 n, Jr. Mayor ORDINANCE NO. S-$'Q AN ORDINANCE OF THE CITY OF MCCALL, IDAHO, RELATING TO THE REGULATION OF ALCOHOLIC BEVERAGES ON THE PUBLIC STREETS OF THE CITY OF MCCALL AND PRIVATE PLACES OPEN TO PUBLIC USE OR ACCESS; AMENDING CHAPTER 1 OF TITLE V OF THE VILLAGE CODE OF MCCALL, IDAHO, BY THE ADDITION OF A PROVISION FOR THE TEMPORARY SUSPENSION OF THE OPEN CONTAINER PROHIBITION, AND A PROVISION FOR THE TEMPORARY SUSPENSION OF THE PROHIBITION AGAINST DRINKING IN PUBLIC PLACES OR PRIVATE PLACES OPEN TO PUBLIC USE OR ACCESS, AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, IDAHO, AS FOLLOWS; Section 1. That Title V of the Village Code of McCall be, and the same hereby is, amended by the addition of a new subparagraph, namely, Section 5-1-14(F), as follows: By resolution. the Mayor and Council may temporarily suspend this section's Prohibition against the drinking of anv alcoholic liquor or beer for a specific period. and upon specific portions of anv street. alley. public way. place, building or structure. or portion thereof. as well as anv public or private parking lot or area open to public use or access. Such suspension may be made upon finding such temporary and limited suspension would be in the public interest and would further McCall's economic well being or development where such suspension is requested in conjunction with public activities or events sponsored or conducted bv broad -based community non-profit organizations or associations. or otherwise deemed by the Mayor and Council to be in the best interest of the city. Section 2. That Title V of the Village Code of McCall be, and the same hereby is, further amended by the addition of a new paragraph to Section 5-1-54, which prohibits carrying open containers of alcoholic beverages as follows: By resolution. the Mavor and Council may temporarily suspend this section for a specific period. and upon specific portions of the public streets. ways. parks or places. upon finding such temporary and limited suspension would be in the Public interest and would further McCall's economic well being or development where such suspension is requested in conjunction with public activities or events sponsored or conducted bv broad -based community non-profit organizations or associations or otherwise deemed by the Mayor and Council to be in the best interest of the city. Section 3. That all other ordinances, or portions thereof, in conflict with the foregoing are hereby repealed. Section 4. This ordinance shall be in full force and effect upon passage and publication in one (1) issue of the Central Idaho Star -News. PASSED AND APPROVED this ��-ay of Lt-c. L , CITY OF MCCAL ATTEST: Arthur J. Sc midt, Clerk By JohAllenr., May 1991. RESOLUTION NO. /" 7/ A RESOLUTION RELATING TO THE 1991 CHAMBER OF COMMERCE WINTER CARNIVAL, ACTIVITIES BEING HELD FEBRUARY 1 THROUGH 10, 1991, MAKING FINDINGS PROVIDING THAT IT SHALL NOT BE UNLAWFUL TO POSSESS OPEN CONTAINERS OF ALCOHOLIC BEVERAGES AND CONSUME SAME DURING CERTAIN HOURS AND AT CERTAIN LOCATIONS. WHEREAS, the McCall Chamber of Commerce has request the suspension of the Cities open container prohibition and prohibition of drinking beer in places open to the public on certain public streets in the City of McCall for a limited time in conjunction with the 1991 Winter Carnival Activites. WHEREAS, the McCall Chamber of Commerce is a wide based community non profit organization actually engaged in, among other things, promoting economic development and economic well being of the City of McCall; and WHEREAS, the City pursuant to the provisions of Section 50-302, Idaho Code, has the obligation, among other things, to make ordinances, resolutions, rules and regulations covering the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City is advised that both activities are within the coverage of the Chamber's liability coverage for Winter Carnival and that all applicable liquor law provisions shall be observed, both state and Iocal. WHEREAS, the relevant ordinances provide for limited suspension upon proper findings. NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of McCall, Idaho, pursuant to the authority vested in the City and for the reasons set forth above, as follows: 1. That for the period of time from 1:30 p.m. until 4:00 p.m. on Tuesday, February 5, 1991, at the parking lot between Bryan's Burger Den and Sprouse, the prohibition against possession of open containers of beer and the prohibition against consumption of such beer as set forth in Sections 5-1-54 and 5-1-14, Village Code of McCall as suspended. 2. That for the period of time from 10:00 a.m. until 5:00 p.m. on Sunday, February 3, 1991, at the Winter Carnival Snow -Cross event being held South of Deinhard Lane between State Highway 55 and Sampson Trail, the prohibition against possession of open containers of beer and the prohibition against consumption of such beer as set forth in Sections 5-1-54 and 5-1-14, Village Code of McCall as suspended. � DATED this day of 1991. ATTEST: By CITY OF McCALL By Arthur J. Sch idt, City Clerk