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HomeMy Public PortalAboutCouncil Minutes 1991 08/22MCCALL CITY COUNCIL MINUTES AUGUST 22, 1991 I. CALL TO ORDER AND ROLL CALL At 7:03 p.m. Mayor Allen called the meeting to order. All members were punctual and Coucilmen VanKomen, Wallace and Larson answered the roll call. Councilman McCarty was absent. Mayor Allen declared a quorum present. II. MINUTES Minutes of the regular meeting of August 8 and the Special meeting of August 19 were presented. Larson moved to approve the minutes of the August 8 and August 19 meeting. Wallace seconded and the motion carried unanimously. III. PAYMENT OF CLAIMS A list of claims dated August 16, 1991 was considered. VanKomen moved to approve the claims. Wallace seconded and the motion carried. Mr. VanKomen again asked to review the payroll. IV. MAYOR AND COUNCIL COMMENTS AND REPORTS Mayor Allen presented a letter from Bill Petzak regarding the proposed zoning ordinance changes. The Mayor referred the letter to the Commissions and the attorney asked to review the letter prior to distribution to the Council members. V. STAFF REPORTS A. CITY ADMINISTRATOR'S REPORT: A written report dated August 20 noted a vehicle accident, a response from the Chief of Police on outside employment, and employment of Bill Housdorf as Building Inspector. The staff also reported conversations with the Corps of Engineers and Mr. Petzak of the Department of Lands regarding the non -issuance of a 404 Wetlands for the lakefront park. The Idaho Department of Fish and Game objected to the installation of sand in the lake for the beach area which then required the Department of Lands to deny that part of the application. Denial of a part of the plan has led to rejection of the entire application. Staff is working with the design team to secure a permit at an early date. The staff recommended that the Plans and Specifications for constructing the park be approved and amended by addendum during the bid period. VanKomen moved to approve the plans and specifications as recommended. Larson seconded and the motion carried. Mr. VanKomen asked that the policy on personal use of city vehicles and equipment be highlighted for all city employees. The Mayor so ordered. Staff noted that on September 6 there will be a worksession on the Dinehard-Boydston connector and that the May Marina parking lot agreement had been executed. B. CITY ATTORNEY'S REPORT: The City Attorney submitted a written report and noted that he had ordered a description of the Payette Lake on the West side of the city for annexation. He asked that the Mayor direct this to the Planning and Zoning Commission for action without zoning when the description was developed. Manchester Land exchange: The attorney described the request for two deeds on the fee simple and "state land" parcels. After discussion, VanKomen moved to direct the Mayor and Clerk to execute a bargain and sale deed and a Quitclaim deed as recommended. Wallace seconded and on a roll call vote, VanKomen, Wallace and Larson voted Aye. The Mayor declared the motion carried. The Attorney delivered a draft ordinance declaring mezzanine floors in buildings to be counted for a story of a building, amending the building code. The matter was referred to staff for review and comment by order of the Mayor. VI. PUBLIC HEARINGS, 7:30 P.M. A.SPRING MOUNTAIN RANCH, ANNEXATION, ZONING AND APPROVAL OF THE GENERAL DEVELOPMENT PLAN FOR THE P.U.D., ORDINANCE 585, 3RD READING, CONTINUED: Mr. Bill Selvage appeared and delivered a copy of a draft access agreement, the final of the three expected agreements to the City Clerk. He asked that the hearing be continued to another time. No one else asked to be heard or to comment. With the consent of the Council, Mayor Allen continued the hearing to September 26, 1991 at 7:30 p.m. B. FRANCHISE REVIEW, VISTA CABLEVISION, CATV Staff reported on the reason for the meeting, that is, that the number of complaints about the CATV service seemed unusual and that this meeting had been scheduled to air those concerns and allow persons dissatisfied with the service to comment. John West and Mark Harris appeared representing the VistaCablevision. The following persons commented: Curtis Spalding, Herb Kaen, Marge Harrington, Bill Tennity, Charles Shepherd, Roger Randolph, Harold Beckett, Susan O'Dell, Ron Himmlemann. Written testimony was also received and acknowledged and is on file in the City Clerk's office. After considerable discussion the Mayor referred the matter back to the staff for a further report on the franchise technicalities. Councilman VanKomen asked that if service records are not open to the public, such a provision be included in any franchise amendment. The Council took a recess from 9 p.m. to 9:15 p.m. V. STAFF REPORTS, CONTINUED C. CITY TREASURER'S REPORT The Treasurer had no report. VII. OLD BUSINESS A. TANKS IN NEAL ST., LETTER FROM PROSECUTOR This matter has been referred to state agencies, as directed by the Council. The Council asked to be kept apprised of progress in the matter. B.ORDINANCE 590-A, CREATING A NO -WAKE ZONE ON PAYETTE LAKE: The City Attorney read the ordinance in its entirety. Staff advised that bouys marking the area would require permits from the Idaho Department of Lands. Staff also asked for clarification on the matter of dropping water skiers at docks. The Council intent was described as permitting an arched near -in approach to the dock to permit dropping a water skier parallel to a dock. As soon as the skier releases, the boat is to resume a 5 mile per hour speed. With this clarification of intent, Councilman Larson moved to adopt Ordinance 590-A. VanKomen seconded. On a roll call vote, Larson, VanKomen, and Wallace voted Aye and the Mayor declared the Ordinance adopted. C. CHANGE ORDER NO. 4, REEDY AND PONDEROSA WATER PROJECT (1990), BECHTOLD CONSTRUCTION CO. The Change Order No. 4 reconciles quantities and makes other adjustments to the original agreement. Wallace moved to approve Change Order No. 4. VanKomen seconded and the motion carried. D. FINAL PAY ESTIMATE, REEDY AND PONDEROSA WATER PROJECT, (1990), BECHTOLD CONSTRUCTION The final pay estimate for the project was presented and as recommended by JUB Engineering, releases all retainage and accommodates costs of Change Order No. 4 for a total of $14,161.14. Wallace moved to approve the final pay estimate on the project. VanKomen seconded. The motion carried unanimously. E. KLIND WELL AGREEMENT: Discussion of entitlements of Mile -High Estates Homeowners ensued and the City Attorney was directed to investigate the allegations which may affect the Klind-City well test agreement. VIII. NEW BUSINESS No new business was listed on the agenda. IX. BOARD, COMMITTEE AND COMMISSION MINUTES REQUIRING ACTION A. GOLF COURSE ADVISORY COMMITTEE, AUGUST 13 The City Council took up the matter of the D & D Land trade, and directed staff to communicate to the committee that they wished a recommendation by their September 12 meeting or the Council will return the issue to their table for decision. The Lifetime pass issue was referred back to the committee for examination of a means of using a mortality table for pricing and remitting the proceeds to the city. The Council advised that any future passes would not have the 2 day advance booking feature. Use of private coolers was considered and the committee's recommendation taken up. After discussion, the matter was referred to staff for further research on insurance questions, restraint of trade and other issues. The Council also inquired about providing free cups and ice for drinking water. After discussion, they directed that this service rendered at a charge of 20 cents. It was so ordered. Councilman Larson requested that some lighting for the parking lot be installed to light the parking lot. Graveling ditches was discussed and further discussion about cleaning ditches as a fall and spring project was referred back to staff. B. IMPACT AREA PLANNING AND ZONING COMMISSION, AUGUST 12, 1991: The Council was requested to set a public hearing for the LaFever Variance request for September 26, 1991. Wallace moved to schedule the hearing for September 26 at 7:30 p.m. Larson seconded and the motion carried. X. CORRESPONDENCE Letters from Boremans, Scott Rawlings, and Maxwells were received regarding dust and street conditions. The Council requested that the Mayor respond and that staff prepare recommendations for 1992 street paving projects. XI. ADJOURNMENT At 10:30 p.m. Wallace moved to adjourn. Larson seconded and the motion carried. J• J. Al -n Arthur J. chmidt May• Adminis rator/Clerk ORDINANCE NO. 4 9(9 - 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 EXEiIBITION 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 unlawful 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 r�i9•-1`- ay of c , 1991. May WbTFP S1FFTY ORDTNANCE-2