HomeMy Public PortalAboutCouncil Minutes 1991 07/25McCall City Council
MINUTES
JULY 25, 1991
I. CALL TO ORDER AND ROLL CALL:
Mayor Allen called the meeting to order at 7:03 p.m.
Councilmen McCarty, VanKomen, and Wallace answered the roll
call. Mr. Larson was absent, playing golf.
II. MINUTES:
The minutes of the July 11,1991 meeting were presented.
Two amendments were ordered. Wallace moved to approve the
minutes as amended. McCarty seconded. The motion carried.
III. PAYMENT OF CLAIMS
A list of claims dated July 22, 1991 was considered.
VanKomen moved to approve the claims as submitted. McCarty
seconded and the motion carried.
IV. CONSENT CALENDAR:
The consent calendar listed catering permits for Si Bueno
on July 16, for the Shore Lodge on July 20 and for The Mill
on July 27. Wallace moved to approve the consent calendar.
VanKomen seconded and the motion carried.
V. MAYOR AND COUNCIL COMMENTS AND REPORTS:
Mayor Allen nominated Larry Smith, President of VALUED,
INC. to serve on the Board of Directors of the West Central
Highlands RC & D. Wallace moved to confirm the nomination.
McCarty seconded. The motion carried unanimously.
VI. STAFF REPORTS;
A. CITY ADMINISTRATOR'S REPORT:
The written report noted a sewer spill on July 21,
a note regarding liability exposure on the July 16 aircraft
accident, closure by the State Auditor of their files on
the 1985-86 ICDBG, N. E. Sewer Project grant, an
Associated Press article on Mayor Allen, a schedule for the
1991 street paving projects, and commencement of the Klind
well testing this date.
Staff asked that the Council approve separating
schedules A & B of the 1991 Water System Improvement
project and altering the bid date to August 6. McCarty
moved to approve those changes and direct the Engineers to
prepare an addendum covering these and technical changes.
Wallace seconded and the motion carried.
Also noted were the complaints from citizens regarding
the CATV service in the city. Staff suggested inviting Mr.
West of Snake River Cablevision to the next meeting to
discuss the franchise operation. With the Council consent,
the Mayor so ordered.
B. CITY ATTORNEY'S REPORT:
The report detailed work on the Everett Variance
easements, changes to the Scott lease, preparation of the
Idaho Power easement, follow up on the Ida -Ore contract,
preparation of Ordinance 586-A and Ordinance 590-A, and
preparation of a deed and resolution 12-91 for dedication
to park uses for the East Lakeshore St. vacation.
C. CITY TREASURER'S REPORT; a detailed
The treasurer, as requested, presented
income statement for the Golf Fund operations. He also
presented a draft letter to assess special assessments
against properties with unpaid water and sewer bills.
McCarty moved to file the assessments against those
properties identified and authorize the Mayor and Clerk to
sign the letter. VanKomen seconded and the motion carried
unanimously.
VII. PUBLIC HEARINGS
SPRING MOUNTAIN RANCH, ANNEXATION, ZONING AND GENERAL
DEVELOPMENT PLAN APPROVAL, ORDINANCE 586, 3RD READING:
(continued)
Mr. Selvage presented updated water and golf agreements
to the clerk. He reported further progress on the access
agreement and asked that the hearing be continued to the
next agenda. No one else wished to be heard. With the
consent of the council, the Mayor ordered the hearing
continued to August 8, 1991 at 7:30 p.m.
VIII. OLD BUSINESS
A. ORDINANCE 585, AMENDING TITLE 1, CHAPTER 1 OF THE CITY
CODE, third reading: The city attorney asked that this
item be held over to August 8. With the consent of the
council, the Mayor so ordered.
B. ORDINANCE 586-A, AMENDING THE WATER CONNECTION POLICY:
After discusssion, Ordinance 586, originally scheduled
for a second reading was replaced, due to minor revision,
with Ordinance 586-A. VanKomen moved to suspend the rule
requiring that an ordinance be read on three separate
occcasions. Wallace seconded. On a roll call vote,
VanKomen, Wallace, Mccarty all voted Aye and the Mayor
declared the motion carried and the rule suspended..
Mccarty moved to adopt Ordinance 586-A. Wallace seonded.
On a roll call vote, McCarty, Wallace and VanKomen voted
Aye. The Mayor declared the motion carried and the
ordinance adopted.
C. ORDINANCE 590-A, CREATING A "NO WAKE ZONE" ON PAYETTE
LAKE WITHIN THE CITY LIMITS;
The city attorney read the ordinance by title. With
consent of the Council, the Mayor ordered the Ordinance to
the next agenda for a second reading.
D. JET -SKI PATROL:
Chief Parker reported on the program by the Yamaha
Corp. to provide free use of jet -ski units to law
enforcement agencies. A local merchant asked for the city
of McCall to participate and has two units available to
the city.
The chief noted the need for enforcement of jet -ski
complaints, the utility of the units for responding to
drownings, boating accidents, and enforcement of the No
Wake zone, if adopted.
At the conclusion of the report, McCarty moved to
accept and insure the units, to minimize overtime accruals
in the use of this equipment and to develop a plan for use
next year. VanKomen seconded. The motion carried
unanimously.
E. RESOLUTION 12-91 AND DEED FOR EAST LAKESHORE BLVD.
DEDICATING SAME TO PERPETUAL PARK USE:
Wallace moved to adopt Resolution 12-91. VanKomen
seconded. The motion carried unanimously.
F. NET PEN DEDICATION:
A letter from Larry Smith, President of VALUED, INC.
was discussed which dedicated the net pen dock, piers, and
amenities to the city according to prior agreements made in
September 1990. McCarty moved to accept the assets.
VanKomen seconded. and the motion carried.
McCarty asked that the City Attorney be directed to
prepare an ordinance amendement restricting fishing and
water skiing at this dock. With the Council's consent, the
Mayor so ordered.
G. SHOOTING RANGE, CITY GRAVEL PIT:
Reports by Mr. Chalfant and Chief Parker were reviewed.
The staff recommended annexation of the city parcel to
permit enforcement of city ordinances against discharging a
weapon within the city on this property.
Wallace moved that the matter be referred to the City
Planning and Zoning Commission for a recommendation on
annexation and zoning and that the property be signed for
no trespassing in the interim. McCarty seonded and the
motion carried.
A ten minute recess was taken.
IX. NEW BUSINESS
A. 1991 SEWER PROJECTS
Mike Maffey of Toothman-Orton Engineering reviewed cost
estimates of 8 proposed projects. He presented work orders
for engineering services on 5 of those projects. Staff
reviewed the projects and noted the staff recommendations
for prioritization of these projects. After discussion
Wallace moved to approve work orders no 9013, 9176, 9177,
9178 and 9179, if the liability clause can be rewritten
to the approval of the city attorney. McCarty seconded
and the motion carried.
B. REQUEST FOR WAVIER OF HOOK-UP FEES AND PAYMENT OF
MATERIALS FOR THULA ST. SEWER LINE, BARBARA ADY
Mrs. Ady explained her desires to install a gravity line
from the site of the relocated century 21 building on her
property to Dienhard Lane rather than pumping uphill to McBride
St. After discussion, Wallace moved to participate in the
project by purchasing materials not to exceed $5000.
VanKomen seconded and the motion carried.
C. PRESENTATION OF FY 1991-1992 PRELIMINARY FINANCIAL
PLAN:L
The Administrator discussed the budget approach
intended and asked that budget worksessions be scheduled.
McCarty moved that at the conclusion of the agenda this
meeting be recessed to Monday July 29, 7 p.m. for the
purpose of conducting a budget worksession.
D. OFFER TO SELL, LYLE SHOCKLEY PARCEL ADJACENT TO CITY
SHOP;
Mr. Shockley's proposal was considered. Mr McCarty
asked to review the prior appraisal and would also explore
the Somerton listing on Park st. adjacent to the city shop
property. No action was taken. Mr McCarty will report
back.
X.BOARD, COMMITTEE AND COMMISSION REPORTS REQUIRING ACTION
A. CITY PLANNING AND ZONING COMMISSION, JULY 2:
The Council considered the matter of the Barbara Heck
Variance request. After discussion, McCarty moved to deny
the request and adopt the Findings of Fact and Conclusions
of Law of the City Planning and Zoning Commission as the
Council's. VanKomen seconded. THe motion carried.
Gary Ertter was reelected as chair of the
commission and the council asked the mayor to tank him for
his service to the group.
B. CITY PLANNING AND ZONING COMMISSION, JULY 16:
There were no action items and the minutes were filed.
C. IMPACT AREA PLANNING AND ZONING COMMISSION, JULY 22:
There were no action items and the minutes were filed.
D. TRANSPORTATION ADVISORY COMMITTEE, JULY 17:
The direction of the Spring Mountain Ranch access
agreement was noted. The minutes were approved for filing.
E. GOLF ADVISORY COMMITTEE, JULY 9:
The minutes were discussed and approved for filing.
XI. OTHER BUSINESS:
A request for a temporary sign for the August 17 and 18
Arts and Crafts Fair at the Fairway Park was considered.
Wallace moved to approve the temproary sign as a street
banner as provided by City code section 3-19-3 (D).
VanKomen seconded and the motion carried.
XII. CORRESPONDENCE
Receipt of letters from Hartford Insurance regarding
loss control and from the Valley County Clerk regarding
the County Airport levy were noted. Staff was asked to
repoond to the loss control letter and the Mayor to thank
to County Commission for their consideration.
XIII. INFORMATION ITEMS:
Receipt of the following was acknowledged:
. A letter from Senator Symms, the June Building
Department Report, the calendar of meetings, and a letter
from DEQ regarding public water supply issues.
XIV. EXECUTIVE SESSION:
At 10;25 p.m. McCarty moved to recess to executive
session under the provisions of IC 67-2345, subsection C,
to discuss acquiring an interest in real property not owned
by a public agency. VanKomen seonded and on a roll call
vote, McCarty, VanKomen and Wallace voted Aye and the
motion carried. At 10:45 p.m. the Council returned to open
session. Mayor Allen annouced that the acquisition of the
Hoyle parcel of the Railraod right of way had been
discussed and the staff directed to negotiate further with
Mr. Hoyle.
XV, RECESS:
Without further business, the Mayor declared the meeting
recessed until 7 p.m. on Monday July 29, 1991.
MCCALL CITY COUNCIL
MINUTES
RECESSES MEETING, JULY 29, 1991, budget worksession
Mayor Allen called the meeting to order at 7:15 p.m. Mr.
wwallace and Mr. VanKomen were present. The council
reviewed the proposed programs for the water, sewer amd
street funds and the park, public works services divisions
with Mr. Chalfant.
At 10:15 p.m.with the consent of the Council, the Mayor
recessed the meeting to Wednesday, July 31, at 7 p.m.
MCCALL CITY COUNCIL
MINUTES
RECESSED MEETING, JULY 31, 1991
Mayor Allen called the meetin to order at 7:05 p.m. Mr.
VanKomen, Mr. McCarty, and Mr. Wallace were present. The
council reviewed the Fire budget with the Chief, the
Police budget with the Police Chief and the Building
Inspectors budget.
At 10: 15 p.m. Wallace moved to recess the budget
worksessions to Thursday, August 1 at 7 p.m.
MCCALL CITY COUNCIL,
MINUTES
RECESSED MEETING, AUGUST 1, 1991
Mayor Allen called the meeting to order at 7:05
p.m. Councilmen Wallace , VanKomen, McCarty and Larson
attended.
The Council reviewed the Library budget with the
Librarian. The Administrator reviewed the Airport and
Administrator's budgets. The Treasurer reviewed the
Treasurer's budget and the General Government budget.
At 10 p.m. Wallace moved to recess the meeting to Monday,
August 5, 1991 at 7 p.m.
MCCALL CITY COUNCIL
MINUTES
RECESSED MEETING, AUGUST 5, 1991
Mayor Allen called the recessed meeting to order.
Councilmen anKomen, Larson, Wallace and McCarty attended.
The Council considered the Golf budget, the Airport budget
and the water and sewer budgets and made inquiries and
requests for further staff analysis.
At 10:15 p.m., with Council consent, Mayor Allen recessed
the meeting to August 7 at 7 p.m.
MCCALL CITY COUNCIL
MINUTES
RECESSED MEETING, AUGUST 7, 1991
The Mayor called the meeting to order at 7:20 p.m.
Councilmen VanKomen, Wallace , McCarty and Wallace
attended.
The Council further reviewed the entire budget adjusted
certain items, requested further staff analysis and asked
that after adjustment and final "maintainence" budget be
prepared, after which any surplus will be committed to
priority programs.
At 10:30 p.m. Wallace moved to adjourn the July 25
meeting. McCarty seconded and the motion carried.
Attest:
Ar hur J. :chmidt, City Clerk
ORDINANCE NO. S �4 4 -- A'
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 citv 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.
Dated this 11th day of July, 1991.
ORDINANCE NO. 4'F0 - i4
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
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.
Water Safety Zone 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 uniawfui to mar, deface or destroy any water
safety zone marker.
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 r3/n9.----day of c.4-40-77 1991.
May
RESOLUTION 12-91
WHEREAS, the City of McCall, Idaho, has developed the Mill
Park, a public park wherein funds were obtained from the United
States Government under the Land and Water Conservation Act of
1965, and administered by the Idaho Department of Parks and
Recreation under Project No. L&CWF16-0038 and the Idaho Department
of Parks and Recreation has requested that the City of McCall
re -dedicate the premises involved in such project to perpetual
recreation use.
NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the
City of McCall, Idaho, as follows:
That the City of McCall, Idaho, dedicate in perpetuity for
recreational purposes, the premises in McCall, Valley County,
Idaho, more particularly described an Exhibit "A" attached hereto
and by this reference made a part hereof.
That in order to make such dedication the City shall make,
execute and record a Deed of Right for Public Recreation Purposes
to itself describing said real property and including the
following statement, to -wit, "This property has been dedicated
solely to outdoor recreation use in perpetuity under the Land and
Water Conservation Fund Act of 1965 as administered by the Idaho
Department of Parks and Recreation."
That the Mayor and Clerk be, and they are hereby authorized and
directed to execute such deed for the purposes aforesaid.
Dated this 026 day of July, 1991.
THE VACATED PORTION OF LAKE STREET FROM THE NORTH BOUNDARY OF
HEMLOCK STREET TO THE SOUTH BOUNDARY OF PINE STREET, DESCRIBED AS FOLLOWS:
A parcel of land situated in Government Lot 2, Section 9,
T.18N.,R3E., City of McCall, valley County, Idaho, more
particularly described as follows:
Commencing at the southwesterly corner of Lot 1, Block
6, McCall's First Addition to the City of McCall as
shown on the official Plat. thereof on file in Book 1,
Page 28, of Plats in the Office of the Recorder of
Valley County, Idaho, a 1" pin, Thence, S.08°351W.
1139.91 feet along the easterly boundary of Lake Street
to the southwesterly corner of Lot 1; Block 3 of said
Mccall's First Addition, Thence 9.25°19130"W. 132.27
feet to the intersection of the southerly boundary of
Pine Street and the westerly boundary of Lake Street,
the REAL POINT OF BEGINNING,
Thence, N.57°50130"W. 200.77 feet along said
southerly boundary to the High Water Mark of
Payette Lake,
Thence, in a general northerly direction
along said High Water Mark the following
courses and distances:
N.26o43142"E. 37.34 feet,
N.77°07130"E. 17.95 feet and ,
N.37°41104"E. 4.93 feet to a point on said
High Water Mark being the intersection of the
northerly boundary of Pine Street and said
High Water Mark,
Thence, $.81°�5'00"E. 131.38 feet,
Thence, N.08 35'00"E. 34.00 feet on a line
parallel to and 60 feet west of the westerly
boundary of Block 3 of said McCall's First
Addition,
Thence N.81°25'W. 99.34 feet to a point on
said High Water Mark,
Thence northerly along said High Water Mark
the following courses and distances:
N.66°31144"E. 5.93 feet,
N.79°18102"E. 22.08 feet,
N.30°31131"E. 29.14 feet,
N.12°03114"E. 39.27 feet,
N.04°43'37"E. 38.83 feet,
N.21°06103"E. 45.55 feet,
N.12°05/41"E. 50.11 feet,
N.07o44104"E. 83.96 feet,
N.53°15'06"E. 66.02 feet,
N.10°19156"E. 224.13 feet,
N.03o55'01"E. 55.63 feet,
EXHIBIT "A", P. 1
N.01044009"W. 36.32 feet,
N.25°36'3211E. 32416 feet,
N.03°09'38"E. 132.40 feet,
N.13°05106"W. 37.99 feet,
N.11°26110"E. 26.73 feet,
N.00°37133"E. 100.71 feet,
N.17°55141"E. 50.03 feet,
N.02°14107"E. 53.84 feet, and
N.13°02'35"E. 22.80 feet, to the inter-
section of said High Water Mark and the
northerly boundary of Hemlock Street,
Thence 5.81°25'00'E. 34.61 feet,
Thence 8.08°35100"W. 300.00 feet,
Thence 8.81°25100"E. 10.00 feet,
Thence 8.08°35'00"W. 500.00 feet,
Thence N.81°25100"W. 10.00 feet,
Thence 8.08°35'00"W. 339.91 feet,
Thence 8.01°13132"E. 128.54 feet to the Point of
Beginning, containing 1.089 acres, more or less.
Bearings based on state Plane Grid Azimuth.
EXHIBIT "A", P. 2