HomeMy Public PortalAboutCouncil Minutes 1991 07/11McCALL CITY COUNCIL
MINUTES
JULY 11, 1991
I. CALL TO ORDER AND ROLL CALL
At 7:02 p.m. Mayor Allen called the meeting to order.
Councilmen McCarty, VanKomen, Wallace and Larson answered
the roll call.
II. MINUTES
The minutes of June 27 were considered. Wallace moved to
approve the minutes as presented. McCarty seconded and the
motion carried.
III. PAYMENT OF CLAIMS
A list of claims dated July 8 was reviewed. McCarty moved
to pay the claims. Van Komen seconded. The motion carried
unanimously.
IV. CONSENT CALENDAR
The Chamber of Commerce's request to conduct a public
fireworks display was the only item listed. McCarty
moved to approve the consent calendar. Wallace seconded.
The motion carried.
V. MAYOR AND COUNCIL COMMENTS AND REPORTS
There were no comments or reports.
VI. STAFF REPORTS
A. City Administrator's Report
A written report noted execution of the Manchester lease
amendment, the resignation of Jennifer Sanders as
Planning and Zoning Clerk, and progress on the budget.
Staff requested approval of the use of the city's
riparian rights off of the new lakeshore park for July
28 from 12 noon to 4 p.m. for a jet -ski race. Wallace
moved to authorize the use of city property for this
event for the four hour period. Van Komen seconded. The
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motion carried unanimously. The applicant is also
directed to contact and advise all adjoining businesses
in the area of the event.
Staff also requested the execution of an engineering
contract for a downtown parking LID. Van Komen moved to
approve the work order with Toothman-Ortman Engineering
for up to $8000. McCarty seconded and the motion carried
unanimously.
B. City Attorney's Report
The City Attorney reviewed work accomplished on a
written report. He noted the insurance requirement for
engineering services agreements and recommended that the
clause limiting the engineer's liability to the amount
of the contract be refused on future construction
contracts. The city should require at least $500,000 of
insurance coverage by these contractors and consultants.
C. City Treasurer's Report
The Treasurer submitted the monthly report to June 30
and the quarterly report to the same date. Council noted
receipt of the monthly report and Van Komen moved to
approve the quarterly report for publication. McCarty
seconded and the motion carried.
The Council requested more detailed reports on the golf
play and concession operation with each monthly report.
VII. PUBLIC HEARINGS
A. Spring Mountain Ranch, Annexation, Zoning and General
Development Plan, Continued:
Mr. Selvage addressed the Council and reported progress
on all matters pending. He delivered copies of the
latest golf agreement, and a draft of the water utility
agreement. No one else appeared to be heard. The Mayor
then continued the hearing again to July 25, 7:30 p.m.
in the Council Chambers with the concurrence of the
applicant and the Council.
B. Amendment of the FY 1990-1991 Appropriations Ordinance,
588:
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Treasurer Henderson presented the staff report on the
amendments to the appropriations ordinance as noticed
and as contained in Ordinance 588 to amend the original
budget. No one appeared to be heard when invited by the
Mayor. The hearing was then closed.
Councilman McCarty moved to suspend the rule requiring
that an ordinance be read on three separate occasions.
Wallace seconded and on a roll call vote, McCarty,
Wallace, Van Komen and Larson voted AYE. The Mayor
declared the motion carried and the rule was suspended.
McCarty then moved to adopt Ordinance 588. Van
Komen seconded and on a roll call, McCarty, Van Komen,
Wallace and Larson voted AYE. The Mayor declared that
Ordinance 588 was adopted.
VIII. OLD BUSINESS
A. Ordinance 585, Second Reading: Ordinance 585, amending
Title 1, Chapter 1 of the McCall City Code, was read by
the City Attorney by title. With concurrence of the
Council, the Mayor ordered the Ordinance filed for a
third reading on the next agenda.
B. Ordinance 586, Amending the Water Main Extension Policy:
The Ordinance was presented for a first reading. The
City Attorney read the ordinance by title, and by order
of the Mayor the matter was scheduled for a second
reading on the next agenda.
C. Stormwater Master Plan: The final draft of the plan and
associated maps was presented. After discussion, McCarty
moved to adopt Phase I of the Stormwater Management
Plan, dated June 1991 prepared by Toothman-Orton
Engineering. Van Komen seconded and the motion carried.
D. Ordinance 590, Creating a "No Wake" Zone on Portions of
Payette Lake: A discussion of the proposed markings and
a recommendation by staff that buoys be used to mark the
zone was concluded by the Council's request to amend the
marking section of the proposed ordinance and refer it
back to the attorney redraft and representation at the
July 25 meeting for a first reading.
IX. NEW BUSINESS
A. D & D Land Trade, Appraisal: The appraisal on lands to
be traded with D & D at the Golf Course by The Real
Estate Consulting Group was presented. After
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discussion, the staff was authorized to make an offer to
trade Parcels 1 & 2 for a portion of Parcel 3 (less
approximately 1 Acre), with a deed contingent upon the
owners not objecting to a special use request by the
city to use its land for parking and cart storage, and
to certify these values allowing a tax deduction of the
difference in values. With concurrence of the Council,
the Mayor so ordered.
B. Resolution 9-91, Setting the Annual Compensation for the
City Administrator: After discussion, McCarty moved to
approve Resolution 9-91. Larson seconded, and on a roll
call vote, McCarty, Larson, Wallace, and Van Komen voted
AYE. The Mayor declared the Resolution adopted.
C. Resolution 10-91, Closing Certain Streets Temporarily
and Suspending the City's Open Container Ordinance for
The Chamber of Commerce's Annual "Footloose" Event:
After discussion, McCarty moved to adopt Resolution
10-91, with a provision that the city receive a
certificate of liability insurance for the event. Van
Komen seconded and the motion carried on a voice vote.
D. Resolution 11-91, Suspending the City's Open Container
Ordinance for Frontier Days Inc.'s Rodeo Dance in a
Hangar on the McCall Airport: Resolution 11-91 was
introduced. Mr. Shropshire answered questions.
Liability coverage for this event was discussed. McCarty
moved to adopt Resolution 11-91 with a provision that
the city receive a certificate of liability for the
event. Larson seconded. The motion carried on a voice
vote. The Mayor declared the Resolution adopted.
E. Notice of Claim, Ramon and Karen Alford: The claim for
damages was presented. Wallace moved to confirm the
referral of the matter to the city's insurance carrier
and to the city attorney. McCarty seconded and on a
voice vote, the motion carried.
F. Lake Patrol, Jet Ski: Mr. Parker was not in attendance
and the matter was rescheduled to the next agenda.
G. Easement to Idaho Power Co., Underground Power for Scott
Hangar: The utility's standard easement document was
received for extending the power service on the airport.
After discussion, Van Komen moved to approve the
easement, after approval to form by the city attorney.
Wallace seconded and the motion carried.
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H. Shooting Range At Gravel Pit: Jeff Sheldon complained
about the safety hazard which use of this city property
presents as the public uses it for target practice and
sighting in weapons for hunting season. After
discussion, the Council asked for a staff report on the
matter at the next meeting.
X.BOARD, COMMITTEE AND COMMISSION REPORTS REQUIRING ACTION:
A. City Planning and Zoning Commission, June 25, 1991
B. Impact Planning and Zoning Commission, July 8, 1991
The above meetings resulted in a common set of Findings
of Fact and Conclusions of Law, dealing with the same
event that is, the Frontier Days Rodeo which is planned
on property partly within the city and partly within the
Area of City Impact. The Council reviewed the
application for the Special Use Permit, the Commissions'
minutes and the Findings of Fact and Conclusions of Law.
Van Komen moved to approve the Special Use Permit, and to
adopt the Commissions Findings of Fact and Conclusions of
Law. Wallace seconded and the motion carried unanimously.
XI. CORRESPONDENCE
A. Letter from the Highway 95 Association: This letter
was referred to the Transportation Committee.
B. Letter from Scott Rawlings: This letter was
discussed and referred to the Mayor and staff for
response on road oiling and paving matters.
XII. INFORMATION ITEMS
Receipt of the following items was acknowledged:
DEQ circular regarding Groundwater protection and the
calendar of meetings.
A letter from Attorney Connally was also acknowledged
regarding the mobile home moratorium.
XIII. ADJOURNMENT
At 9:45 p.m., without further business, Wallace moved to
adjourn. Van Komen seconded and the motion carried. It was
still light outside.
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ATTEST:
Arthur J. chmidt
City Admi istrator/Clerk
Jd c, J. A en
Ma or
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RESOLUTION 9-91
A RESOLUTION SETTING THE ANNUAL COMPENSATION OF
THE CITY CLERK/ADMINISTRATOR
BE IT RESOLVED by the Mayor and Council of the City of
McCall, Idaho, as follows:
That pursuant to the provisions of Resolution No.
1-86, passed and approved February 18, 1986, the annual salary
and compensation of the City Clerk/Administrator is hereby set
and established as $33,302, per annum, payable semimonthly,
commencing July 1, 1991.
Dated this %/ d of July, 1991.
ATTEST:
Ma
ORDINANCE NO. S —c' le —
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 i, 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 fireflow 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.
Dated this 11th day of July, 1991.
ORDINANCE NO. ;4.I7® "/4
AN ORDINANCE RELATING TO WATER SAFETY; AMENDING TITLE V
OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION OF
A NEW CHAPTER 9, TITLE V OF THE VILLAGE CODE OF McCALL,
IDAHO, TO PROVIDE DEFINITIONS, CREATING A WATERSAFETY ZONE,
TO PROVIDE FOR INSTALLATION OF BUOYS TO MARK THE WATER
SAFETY ZONE, DEFINING UNLAWFUL ACTS, TO PROVIDE EXCEPTIONS,
TO PROVIDE FOR WATERCRAFT EXHIBITION AND RACES AND TO
ESTABLISH A FEE FOR PERMITS THEREFOR, TO PROVIDE PENALTIES
AND TO PROVIDE FOR SEVERABILITY.
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, Idaho,
be, and the same is hereby amended by the addition thereto of a
NEW CHAPTER to be known and designated as Chapter 9 of Title V of
the Village Code of McCall, Idaho, and to read as follows:
Chapter 9
Water Safety
5-9-1: Definitions. Words not defined herein shall be given
the meaning ordinarily applied to such words. The following mean:
Watercraft
Water Safety Zone
Any and all motorboats, sailboats,
personal watercraft, "jet ski" and
any other device used to carry, move,
pull or otherwise transport persons
or property across and over the
surface of water.
That zone lying within 300 feet of
the low water line of big Payette
Lake, within the corporate limits
of the City of McCall.
5-9-2: Water Safety Zone Created. There is hereby created a
water safety zone within that area of big Payette Lake lying
within the corporate limits of the City of McCall, described as
follows:
That area lying within three hundred feet (300') of the low
water line of big Payette Lake.
5-9-3: Location and Marking of Water Safety Zone. Buoys
conforming to the requirements of the Uniform State Waterways
Marking System shall be installed on the outer boundaries of the
water safety zone.
5-9-4: Unlawful Acts.
1. It shall be unlawful to mart deface or destroy any water
safety zone marker.
V2,7717 ^ 2,FFT'T npn T1t lm E-_1
2. It shall be unlawful for any person to operate a water-
craft in a water safety zone at a speed in excess of five
(5) miles per hour, except as hereinafter provided.
5-9-5: Exceptions.
1. It shall not be unlawful to operate a watercraft in
a water safety zone in excess of five (5) miles per hour
when leaving or returning to a place of moorage, within
the shortest distance between the place of moorage and the
area in big Payette Lake lying and being outside of such
water safety zone.
2. Any person engaged in a professional watercraft exhibi-
tion or participating in a regatta, race, marine parade,
tournament, or exhibition held in compliance with a
permit issued by the City of McCall.
5-9-6: Watercraft Exhibitions and Races -Permit Required:
1. No person shall engage in a professional exhibition
or participate in a regatta, race, marine parade, tourna-
ment or exhibition in a water safety zone without a permit
therefor issued by the City of McCall.
2. The permit fee for each professional jet ski exhibi-
tion, regatta, race, marine parade, tournament, or
exhibition shall be $25.00 per day, payable in advance.
3. Applications for licenses hereunder shall be made to
the City Clerk upon such forms that are required by said
City Clerk.
5-9-7: Penalties. Any person convicted of a violation of this
Chapter shall be punished by a fine not to exceed three hundred
dollars ($300.00) or imprisonment in the County jail not more than
thirty (30) days or by both such fine and imprisonment.
5-9-8: Severability. If any portion of this Chapter or the
application thereof to any persons or circumstances is held to be
invalid, the invalidity shall not affect other provisions or
applications of this ordinance which can be given effect without
the invalid provision or application, and to this end the
provisions of this Chapter are severable.
Passed and approved this,59n?•�ay of c, 1991.
May
WATER SAFETY ORDINANCE-2
RESOLUTION NO. /D -9i
A RESOLUTION RELATING TO THE CHAMBER OF COMMERCE ANNUAL
FUND RAISING CELEBRATION TO BE HELD AUGUST 3, 1991;
MAKING FINDINGS, PROVIDING FOR THE CLOSURE OF CERTAIN
CITY STREETS FOR A LIMITED TIME, PROVIDING THAT IT SHALL
NOT BE UNLAWFUL TO POSSESS OPEN CONTAINERS OF ALCOHOLIC
BEVERAGES DURING CERTAIN HOURS AND THAT SAID ALCOHOLIC
BEVERAGES SHALL BE DISPENSED BY LICENSED VENDORS, AND
REQUIRING REMOVAL OF OBSTRUCTIONS.
WHEREAS, the McCall Chamber of Commerce has requested the
closure of certain public streets in the City of McCall for a
limited time in order to hold its annual fund raising event for
1991, called "Foot Loose";
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;
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 the city has provided in Section
5-1-54 of the Village Code of McCall, Idaho, for the allowance of
open containers of alcoholic beverages on public streets, ways
and places, upon resolution of the City Council; and
WHEREAS, the adjoining property owners have no objections to
the street closure herein authorized.
NOV, 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 10:00 a.m. until 12:00
o'clock midnight, Saturday, August 3, 1991, those portions of the
following named streets shall be closed to vehicular traffic, to
wit.
..t
Lenora Street, from the east side of its intersection with
Second Street westerly to a line extending from the westerly
exterior wall of the building containing the F-Stop and the
optometrist office northerly at a right angle across Lenora
Street to the Contel building.
Second Street, from the southerly side of the alley between Lake
and Lenora Streets in a southerly direction to the northerly
side of the alley between Lenora and Park Streets.
2. That during the hours aforesaid, the streets shall be
closed to the general public except upon payment of admission to the
McCall Chamber of Commerce to attend and participate in such "Foot
Loose" event.
3. That from 5 : 00 p.m. until 9 : 00 o'clock p.m. on Saturday,
the 3rd day of August 3991, upon the c ose portions of said sheets
above described, the possession of open containers of alcoholic
beverages by persons of legal age shall not be unlawful, provided
that all alcoholic beverages are served by vendors of liquor by the
drink, licensed by the City of McCall and dispensing said beverages
under a catering permit issued to each of the licensees individually
for this event.
4. That all obstructions placed upon said public streets for
the conduct of such event shall be removed by the McCall Chamber of
Commerce by 1:00 o'clock a.m. Sunday, August 4, 1991.
5. That the Chamber of Commerce shall provide the City with a
$500,000 blanket liabilty insurance policy covering this event,
naming the City as an additional insured.
Dated this i/ `-'day of July, 1991.
Attes
RESOLUTION NO. // -91
A RESOLUTION RELATING TO THE FRONTIER DAYS, INC. ANNUAL
CELEBRATION; MAKING CERTAIN FINDINGS AND PROVIDING THAT
FOR A SPECIFIED TIME IT SHALL NOT BE UNLAWFUL TO POSSESS
OPEN CONTAINERS OF ALCOHOLIC BEVERAGES UPON A PORTION OF
THE HcCALL MUNICIPAL AIRPORT, PROVIDED THAT SUCH
ALCOHOLIC BEVERAGES ARE SERVED BY LICENSED VENDORS
HOLDING VALID CATERING PERMITS FOR THE SPECIFIC
OCCASION.
WHEREAS, Frontier Days, Inc., has requested permission to
dispense alcoholic beverages for a limited time at the McCall
Municipal Airport in connection with its annual celebration;
WHEREAS, Frontier Days, Inc., is a broad -based community
non-profit organization actually engaged in, among other things,
promoting the 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 city and its trade,
commerce and industry, and the city has provided in Section
5-1-54 of the Village Code of McCall, Idaho, for the allowance of
open containers of alcoholic beverages on public streets, ways
and places, upon resolution of the City Council.
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:
That from 9:00 o'clock p.m., Saturday, July 27, 1991, until
1:30 o'clock a.m., Sunday, July 28, 1991, at the Pioneer
Aviation, Inc., hangar at the McCall Municipal Airport, the
possession of open containers of alcoholic beverages by persons
of legal age shall not be unlawful, provided that all alcoholic
beverages are served by vendors of liquor by the drink, licensed
by the City of McCall and dispensing said beverages under a
catering permit issued to each licensee individually for the
Rodeo Dance sponsored by Frontier Days, Inc.
That Frontier Days, Inc. shall provide the City with a
$1,000,000 blanket liability insurance policy covering this
event, naming the City as an additional insured.
Dated this 11th day of July, 1991.
ORDINANCE NO. 588
AN ORDINANCE OF THE CITY OF MC CALL, IDAHO,
AMENDING ORDINANCE NO. 575, THE APPROPRIATION
ORDINANCE FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1990 AND ENDING SEPTEMBER 30, 1991;
APPROPRIATING ADDITIONAL MONIES WHICH SHALL
ACCRUE TO THE CITY OF MC CALL, IDAHO, IN THE
SUM OF $304,692 AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
McCALL, IDAHO:
SECTION 1. That Ordinance No 575, the appropriation
ordinance for the City of McCall, Idaho, for the fiscal
year commencing October 1, 1990, and ending September 30,
1991, be and the same is hereby amended to read as follows:
Section 1. That the sum of $3,717,335 $4,022,027 be,
and the same is appropriated to defray the necessary
expenses and liabilities of the City of McCall, Valley
County, Idaho for the fiscal year beginning October 1,
1990.
Section 2. The objects and purposes for which said
appropriation is made, and the amount of each object and
purpose is as follows:
ESTIMATED EXPENDITURES:
GENERAL FUND
Public Safety:
Law Enforcement
Fire Protection
Building Inspection
Total Public Safety
Planning and Zoning
General Government
Finance and Administration
Magistrate Court
Legal Counsel
Culture and Recreation
Total General Fund
$ 222,700
27,870
$ 322,523
OTHER FUNDS:
Public Works
Streets
Library
Liability Insurance
Recreation
Drug Enforcement
Bond Redemption
Parks/Recreation Capital
Water
Sewer
Golf
Airport
Trust and Agency Funds
Total Other Funds
17,750
70,457
16,050
24,850
16,891
624,078
$ 169,209
Project
Iv 458,756
341,209
$ 3,Q93,257
$ 227,071
71,953
27,377
$ 325,401
$ 6,600
87,482
155,557
16,571
40,000
15,170
$ 646,781
$ 300,181
198,209
62,492
65,000
48,331
9,650
115,175
615,000
827,059
60-8;756
444,198
63,535
17,660
$ 3,375,246
Total Budget $ 3,717,335 $ 4,022,027
SECTION 2. This ordinance shall take effect and be in full
force upon its passage, approval and publication in one
issue of the Central Idaho Star News, a newspaper of
general circulation in the City of McCall, and the official
newspaper of said City.
PASSED AND APPROVED this llth Day of July 1991.
ATTE'T:
J. en Jr. , Arthur J.Schmidt
Mayor City Cle
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