Loading...
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 1 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: 2 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 3 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. 4 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. 5 ATTEST: Arthur J. chmidt City Admi istrator/Clerk Jd c, J. A en Ma or 6 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 _ 110