HomeMy Public PortalAboutCouncil Minutes 1991 05/23McCALL CITY COUNCIL
MINUTES
MAY 23, 1991
I. CALL TO ORDER AND ROLL CALL
Mayor Allen called the meeting to order at 7 p.m.
Councilmen VanKomen, Wallace and Larson answered the roll
call. Mr. McCarty was absent.
II. MINUTES
The minutes of the May 9 meeting were presented. Two
corrections were noted. Wallace moved to approve the
minutes as amended. VanKomen seconded and the motion
carried.
III. PAYMENT OF CLAIMS
A list of claims dated May 21 was reviewed. Wallace moved
to pay the claims. VanKomen seconded and the motion
carried. The Council asked that the City Attorney Budget
be reviewed for hours, costs and expected expenses through
the fiscal year.
IV. CONSENT CALENDAR
VanKomen moved to approve the catering permit for Lardo's
for May 17, 1991. Larson seconded and the motion carried.
V. MAYOR AND COUNCIL COMMENTS AND REPORTS
Mayor Allen advised of his absence from the city for a
vacation until June 13. Mr. Wallace asked staff to
investigate a nuisance at 310 West Lake Street and a
trailer camp developing near the sheep bridge on city
property.
Mr. Larson asked the Council to conduct a special meeting
regarding hearing the concerns about the building
inspection program. With Council consent, the Mayor
scheduled a special meeting for Tuesday, May 28, 1991 at
7:00 p.m. at City Hall for that meeting.
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VII. STAFF REPORTS
A. City Administrator's Report:
1. Written Report: The written report noted the
scheduling of a presentation on the storm water
management program for June 13, work on the Shore Lodge
water station, the replacement of a patrol car, progress
on the Police Department soundproofing work, and hiring
of a manager for the bar/restaurant at the golf
clubhouse. The closure of the recycling center was
noted. Council asked that the Mayor write to the
Commission expressing its concern with this matter.
2. Public Works Department Help: Mr. Chalfant requested
that he be permitted to hire a part-time secretary in
lieu of additional crew for the summer. Wallace moved
to allow the department to add a part-time secretarial
position for up to 30 hours per week as long as needed
for the summer and to assess the cost against the
Park Bond fund. Larson seconded and the motion carried.
3. Status Reports: The phosphate ban ordinance was
reported to be consistent and no appeals on the state's
determination of consistency were filed. The ordinance
is now enforceable.
The airport navigation aids are all operational for the
holiday weekend. The golf course liquor license was
received. The golf course will be open for the weekend.
The Davis Beach water station is operational after a
long delay. Work has commenced on completion of the
Reedy/Ponderosa water line project.
4. Other: (a) Staff advised that Mr. Hoyle, the new
owner of the RR ROW (Stibnite to Dienhard), will meet
with us to discuss city acquisition of the property on
Friday, May 24.
b) Scott Sublease: Mr. Scott's presence to discuss
the airport situation was noted.
c.) Park Restrooms: Mr. Laidlaw discussed comparative
costs of other public restroom projects, and advised of
the rationale for the wood sided, insulated plan
presented. Two motions were made, both died for lack of
a second. Wallace then moved to accept the Committee
recommendation, with the city crew installing the
waterline, and the rough siding as recommended. Larson
seconded. On a voice vote, there were two AYES, and one
NO. The Mayor declared the motion carried.
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VIII. PUBLIC HEARING: SPRING MOUNTAIN RANCH, ANNEXATION,
ZONING AND PUD GENERAL PLAN , 7:30 P.M.
Mayor Allen announced that this was the time and place for
a public hearing on the question of annexation of 400 acres
commonly know as either the "Stringer -Whiteman" property or
"Whispering Forest". The hearing was on a request by
Whiteman and O'Neil for annexation of the parcel, a request
for zoning upon annexation, and approval of a PUD General
Plan for development, entitled "Spring Mountain Ranch".
The Mayor requested declarations on conflicts of
and ex-parte discussions on the topic by council
Councilman Larson and Wallace reported being
discussions of the project at various meetings and
that such discussions had not biased them either
or opposed to the matters to be discussed.
interest
members.
party to
declared
in favor
Staff reviewed the progress of the issue from the point of
application to the point of this hearing, including review
of a written staff report, the Planning and Zoning
Commission minutes of April 4, 1991 where the matter was
considered and Findings of Fact and Conclusions of Law
which the Commission subsequently adopted, dated May 17,
1991. Briefly, those recommendations are for annexation,
for A -Residential zoning upon annexation, and for approval
of the general development plan based upon the applicant
meeting certain conditions and undertaking additional
agreements with the City.
Mr. O'Neil, Mr. Selvage and Mr. Miller spoke as proponents
of the project. The floor was opened to the public. Ray
Bowman, Rick Feredey, Tom Bennett, Jim Arp, Lynn Anderson,
Dan Ostermiller, Steve Millemann, Mike Anderson and others
posed questions. The proponents responded to those
questions. At 9:30 p.m. the Mayor declared a recess for 15
minutes.
Following the recess the matter returned to the table for
the Council's consideration. After discussion, VanKomen
moved to read Ordinance 586 by title only for a first
reading. Larson seconded and the motion carried. The city
attorney read Ordinance 586 by title. The Mayor ordered
Ordinance 586 to the next Council agenda for a second
reading.
Wallace then moved to adopt the Findings of Fact and
Conclusions of Law in this matter recommended by the City
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Planning and Zoning Commission. VanKomen seconded. The
motion carried unanimously.
VanKomen then moved to continue this hearing to June 27,
1991 at 7:30 p.m. in the Council Chambers and to direct
staff to work with the developers in formulating agreements
as set forth in the Findings of Fact and Conclusions of
Law. Wallace seconded and the motion carried unanimously.
IX. OLD AND NEW BUSINESS/ AMENDED ORDER
The agenda was moved to accommodate those in the audience
who wished to address the Council.
A. Bear Mountain Rd. Petition, Darla Williamson: A petition
requesting that the city assume the easement for this
road and maintenance of the road was presented by Mrs.
Williamson. The Council requested that the matter be
referred to the City's Transportation and Recreation
Committees for their review and recommendations. The
Mayor so ordered.
B. Scott Sublease: Staff reviewed the status of this issue
with Manchester, Scott and the City noting the
stipulations and benefits to each of the parties. A
particular issue was the matter of underground fuel
storage tanks in for Scott, and the relocation of the
RAMOS weather station. After lengthy discussion, it was
agreed that:
1) The city would bear the costs of snow plowing on the
E-W taxiway for vehicle access only to the proposed
Scott hangar site,
2) That Scott would be allowed, as an extension of the
Manchester agreement to permit underground fuel tanks,
to install underground storage tanks providing that all
federal and state regulations regarding such facilities
be met by Scott and that the city be indemnified by
Scott for any leakage, or environmental damage or
pollution which such tanks may cause and that such tank
be managed through an agreement similar to that required
in the Manchester lease, and,
3) That Scott contribute up to $5000 to relocate or
resituate the RAMOS instruments or update the AWOS, to
satisfy the National Weather Service.
4.) That the other terms and conditions discussed in the
staff report be agreed to.
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VanKomen then moved to direct staff to draft agreements
representing the above agreements between the City and
Scott and Manchester. Larson seconded and the motion
carried.
VII. STAFF REPORTS, CONTINUED
B. City Treasurer's Report:
The Treasurer had no reports for the Council's
consideration.
C. City Attorney's Report:
The City attorney reported on the status on pending items.
X. OLD BUSINESS
A. Ordinance 583, Third Reading: The City Attorney read
the Ordinance by title. VanKomen VanKomen moved to adopt
Ordinance 583, relating to licensing horse-drawn vehicles,
Larson seconded and the motion carried. On a roll call
vote, Councilmen VanKomen, Larson, and Wallace voted AYE.
Mayor Allen declared Ordinance 583 adopted.
B. May Hardware Dock Application: On the matter of a
request by Rick Feredey and Bob Hill to expand their
marina by 19 slips to the Idaho Department of Lands. This
matter was reviewed by the Recreation Committee. It was
deferred from the last agenda to this. Following lengthy
discussion, VanKomen moved to advise the Idaho Department
of Lands that the City, an adjoining landowner to this
project, had no objections to this expansion if the
following conditions were met:
1) That this project not extend into the city's riparian
rights;
2.) That the marina owners provide to the city police
department the names and vehicle license numbers of
every lessee of a marina slip in the marina to aid in
enforcement of the parking ordinances,
3.) That the marina owners will assist the city in the
formation of a LID in the downtown to address the
downtown parking issue.
Larson seconded and the motion carried.
C. Ida -Ore Planning Contract: Staff presented the contract
and expressed concern that, if approved, the certainty of
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the work being completed was in question. Larson moved to
direct the Attorney to contact Mr. Choate and request
copies of the completed work to date. VanKomen seconded
and the motion carried unanimously.
XI. NEW BUSINESS
A. Dick Bland Request, Water Line Extension: Mr. Bland,
representing his client Jud DuBoer, requested that the
water main extension moratorium, Chapter 8-1-4A, be
reconsidered. After discussion VanKomen moved to direct
the city staff and engineers to reexamine the ordinance and
to present alternatives on the alteration of the moratorium
to permit main extensions in concert with and coordinated
with the implementation of the Water System Master Plan.
Wallace seconded and the motion carried.
B. Century 21 Building Sale Advertisement: Larson moved to
authorize advertisement for sale of the Century 21
building. VanKomen seconded and the motion carried.
C. JUB Engineering, Klind Well Agreement, Authorization for
Additional Services: The Council declined to act on the
request and request that it be returned to the firm. The
Mayor so ordered.
D. McCall Donnelly School, Request for Use of a Portion of
the Library for a Classroom: The Council considered the
request by Superintendent Howard. After discussion,
Wallace moved to approve the request and direct staff to
further negotiate the matter. Larson seconded and the
motion carried.
E. Crystal Beach Dock Expansion Request: The city was
notified of this request made to the Idaho Department of
Lands. No action was taken.
F. Resolution 3-91, Designating a Local Emergency Response
Authority: Resolution 3-91 designating the McCall Fire
Department as the local emergency response authority was
presented. VanKomen moved to adopt Resolution 3-91.
Larson seconded and the motion carried. The Mayor
declared the resolution adopted.
G. Resolution 4-91, Declaring a Hazard on Lake Street in
Front of the Yacht Club: Attorney Millemann asked to here
representing Mr. Stoddard, owner of the building. After
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discussion Wallace moved to adopt Resolution 4-91. Larson
seconded and the motion carried. The Mayor declared the
resolution adopted.
H. Ordinance 585, Amending Title 1, Chapter 1 of the City
Code: The ordinance was rescheduled to the next agenda.
I. Recommendations for Amendment of Chapter 8 of the City
Code: Mr. Henderson reviewed his draft of proposed changes
to the city code regarding the section on the water
utility. The Mayor ordered it to the City Attorney to
draft into Ordinance form, with consent of the Council.
J. Resolution 5-91, for Tie -Down Chains with the Idaho
Bureau of Aeronautics: The Resolution and an agreement to
procure tie -down chains, 25 sets, at a 50% discount was
presented. VanKomen moved to adopt Resolution 5-91 and
authorize the Mayor to sign the agreement, and Wallace
seconded and the motion carried. The Mayor declared the
resolution adopted.
K. Liquor License for the McCall Golf Clubhouse, City of
McCall: The staff asked for approval of a city beer and
liquor license for the McCall Golf Clubhouse. VanKomen
moved to approve the license. Larson seconded and the
motion carried.
XII.BOARD,COMMITTEE AND COMMISSION REPORTS REQUIRING ACTION
A. Airport Committee, May 15,1991: Recommendations made
concerned the Scott hangar issue, resolved earlier in the
agenda. The Mayor ordered the minutes filed without
objection or action.
XIII. EXECUTIVE SESSION
VanKomen moved to recess to executive session pursuant to
I.C. 67-2345, subsections B and C, to evaluate the
performance of the city administrator, and to advise staff
on the negotiations for real property not owned by a public
agency. Wallace seconded. On a roll call vote, VanKomen,
Larson, and Wallace voted AYE. The council adjourned to
executive session at 1:05 A.M. and returned to open session
at 1:25 A.M. The Mayor advised that the city
administrator's performance had been discussed and that
staff had been advised in a real estate transaction.
VanKomen moved to approve and file the written evaluation
in the Administrator's personnel file. Larson seconded and
the motion carried.
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XIV. INFORMATION ITEMS
Receipt of the April Building Department report and
calendar of meetings was noted.
XV. ADJOURNMENT
AT 1:28 A.M. without further business, Wallace moved to
adjourn. VanKomen seconded and the motion carried.
ATTEST:
Arthur J. Schmidt
City Admistrator/Clerk
8
Jo J. Almon, Jr.
Mayor
ORDINANCE NO. S�4- 4' _
AN ORDINANCE RELATING TO WATER SERVICE; AMENDING SECTION
8-1-4A OF THE VILLAGE CODE OF McCALL, IDAHO, PROVIDING
AN EXCEPTION TO THE PROHIBITION AGAINST EXTENSION OF
WATER SERVICE, PROVIDING CONDITIONS TO BE MET, AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF McCALL, IDAHO, AS FOLLOWS:
Section 1. That Section 8-1-4A of the Village Code of
McCall, Idaho, be, and the same is hereby amended to read as
follows:
8-1-4A: EXTENSION OF WATER SERVICE: No water service shall
be extended to any lot that was not laid out and platted prior to
July 1, 1988, and which lot does not abut a street in which a City
water main was installed prior to July 1, 1988. except that
water mains may be extended thru and connected to the city water
system in subdivisions platted, accepted and filed subsequent to
the 1st day of August, 1991, if the following conditions are met;
1. That the subdivision application include descriptions
of the proposed construction within the subdivision;
2. That the city's water system engineers shall evaluate
the proposed main extensions for size, and a determination if
the city' s water system can support the f iref low demands for the
sizes and types of construction and fire exposure within the
intended subdivision;
3. That the outcome of the evaluation is positive (i.e.,
that the City's water system is projected to support, with
adequate flows and pressures, the proposed subdivision);
4. That the cost of said evaluation shall be borne by the
applicant;
5. That when a water line extension is permitted under the
exception herein provided, the applicant shall pay the costs
for fire hydrant tests (evaluating flow and pressure),
recalibration of the City hydraulic model to incorporate the new
calibration data and "record drawings."
Section 2. EFFECTIVE DATE. This ordinance shall be in
full force and effect from and after August 1, 1991.
.F
Dated this 11th day of July, 1991.
ORDINANCE NO. 5-
�
AN ORDINANCE RELATING TO ANIMAL DRAWN VEHICLES; REQUIRING
AN ANNUAL LICENSE, ESTABLISHING A LICENSE FEE, REQUIRING
LIABILITY INSURANCE THEREFORE, REQUIRING THE CHIEF OF
POLICE TO DESIGNATE SPECIFIC ROUTES FOR THE OPERATION
OF SUCH VEHICLES, REQUIRING THE SANITARY DISPOSAL OF
ANIMAL FECES, PROVIDING A PENALTY AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF McCALL, IDAHO:
Secton 1. Licensing of Animal Drawn Vehicles -Annual License
Fee. A person shall not operate or drive an animal drawn vehicle
on any public street within the City of McCall without first
having obtained a license to do so from the City Clerk. Such
license shall be issued for a term of one year from the date of
issue and shall be revocable by the City Council, with cause.
Appication for such license shall be made on forms provided for
that purpose. The license fee shall be $25.00 per year or any
part thereof.
Section 2. Liability Insurance. A license shall not be issued
under this ordinance unless the applicant requesting such license
furnishes proof of liability insurance to the City in the amounts
required for motor vehicles as set forth in Idaho Code, Section
49-117. All such policies and certificates of insurance shall be
issued by companies authorized to do business in the State of
Idaho.
Secton 3. Designation of Routes. The Chief of Police shall,
within ten (10) days after the taking effect of this ordinance,
designate in writing the route over which the animal drawn
vehicles shall be operated and shall file the same with the City
Clerk. The Chief of Police may from time to time make such
changes in routes and/or stopping points as decreed best for the
safety of the public, which change or changes shall take effect
upon the filing of the same with the City Clerk.
Section 4. Sanitary Disposal of Animal Feces. The applicant
shall immediately dispose, in a sanitary way, of the feces of
animals governed by this ordinance when deposited on the sidewalks
or streets of the City.
Section 5. Penalty Provisions. Any applicant who fails or
refuses to obtain a license, follow designated routes or dispose
of animal feces as required by this ordinance shall be guilty of a
misdemeanor and upon conviction thereof shall be punished by a
fine of not less than $50. 00 nor more than $300. 00.
Section 6. Effective Date. This ordinance shall be in full
force and effect after its passage, approval and publication.
cS
Passed and approved this ,-234day of a z , 1991.
CITY OF McCALL
John Al en„ J, Mayor
Attes
Arthur J.
ii
chmidt, City Clerk
RESOLUTION NO. g
A RESOLUTION DESIGNATING THE McCALL FIRE DEPARTMENT AS THE LOCAL
EMERGENCY RESPONSE AUTHORITY FOR HAZARDOUS SUBSTANCE INCIDENTS
OCCURRING WITHIN THE CORPORATE LIMITS OF McCALL; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Idaho Code 39-7105CU (a) mandates that the governing
body of every city shall designate by ordinance or resolution a
local emergency response authority for hazardous substance
incidents within its corporate limits; and
WHEREAS, the McCall Fire Department is the most appropriate
agency to be designated as a hazardous material response authority
for McCall.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF McCALL, IDAHO:
Section 1. That the McCall Fire Department is hereby
designated by the Mayor and City Council of the City of McCall to
be the emergency response authority for hazardous substance
incidents that occur within the corporate limits of McCall.
Section 2. That this Resolution shall be in full force and
effect immediately upon its adoptirnd approval.
Adopted and approved this ,a3 day of May, 1991.
RESOLUTION/1/19
The City Council hereby finds that a dangerous condition exists
on East Lake Street in the City of McCall, Idaho, in front of the
premises known as the Yacht Club caused by diagonal parking of
motor vehicles and the backing of such vehicles into on -coming
traffic, upon leaving such parking places, and the Chief of Police
has recommended that parallel parking only be permitted in such
area.
NOW, THEREFORE, be it resolved by the Mayor and Council of the
City of McCall, Idaho, as follows:
1. That the Chief of Police shall cause appropriate signs to
be installed advising the general public that parallel parking
only shall be allowed in front of the Yacht Club on East Lake
Street in McCall.
2. That Section 7-7-10 of the Village Code of McCall, Idaho,
requiring parallel parking shall be strictly enforced from and
after the installation of such signs.
Dated this day of May, 1991.
City Cler
CITY RESOLUTION
,tic
EXTRACT FROM THE MINUTES OF A REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF McCall ,IDAHO HELD ON
/b 21 • Ada& 1991.
The following Resolution was introduced by Councilman '1C,/, <G1,t ,„t,
read in full, considered and adopted:
RESOLUTION NO. 5-q1 OF THE CITY OF McCall IDAHO,
ACCEPTING THE TIEDOWN CHAIN OFFER OF THE STATE OF IDAHO THROUGH THE
IDAHO TRANSPORTATION DEPARTMENT (BUREAU OF AERONAUTICS) FOR
25 SETS OF TIEDOWN CHAINS TO BE USED IN THE DEVELOPMENT OF
McCall AIRPORT; and
Be it Resolved by the Mayor and Council of the City of McCall
Idaho as follows:
shall accept-: the Tiedown
Chain Offer of the State of Idaho for 25 sets of tiedowns.
Sec. 2. That the Mayor of The City of McCall is hereby
authorized and directed to sign the statement of Acceptance of said
Tiedown Chain Offer on behalf of the City of McCall and the
City Clerk is herby authorized and directed to attest- the signature
of the Mayor and to impress the official seal of the City of
McCall on the aforesaid statement of
Acceptance; and
Sec. 3. A true copy of the Tiedown Chain Agreement is attached
hereto and made a part thereof. �
PASSED BY THE COUNCL AND APPROVED BY THE MAYOR THIS 4 '`DAY
OF cx-t • kitkit. 1991.
Sec. 1. That the City of McCall
CERTIFICATE
I, A ✓11 VV. �i (5-4.4w:,44 City Clerk of the City of McCall
Idaho do hereby certify that the foregoing (and attached copy) is a
full, true, and correct copy of Resolution No. !S y adopted at a
regular meeting of the Council of the City of 41IcCall held on
the -' day of ,X*�R, and that the same is now
in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and imprr sed the of-
ficial seal of the City of McCall this �2_day of
OA ,�� , nosio: 1991,
, Mayor
, Clerk