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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