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HomeMy Public PortalAboutCouncil Minutes 1992 06/25MCCALL CITY COUNCIL JUNE 25, 1992 I. ROLL CALL AND CALL TO ORDER Mayor Smith called the meeting to order at 7:07 p.m. Councilmen VanKomen, LeBrett and Wallace answered the roll call. The Mayor declared a quorum present. II. MINUTES The Minutes of the June 11, 1992 meeting were considered. Wallace moved to approve the minutes as presented. VanKomen seconded and the motion carried. III. PAYMENT OF CLAIMS The Voucher report of June 22 was considered. VanKomen moved to approve the report for payment. LeBrett seconded and the motion carried unanimously. The payroll report dated June 9 was submitted for approval. Wallace moved to approve the payroll report. VanKomen seconded and the motion carried. IV. CONSENT CALENDAR No items were listed and no action taken. V. MAYOR AND COUNCIL COMMENTS AND REPORTS Mayor Smith reported on the following items: 1. Arts and Humanities Council: The Mayor asked that the Council support this re-formed group. VanKomen moved to recognize the importance of cultural activities to the quality of life of our community and acknowledge the value of cultural leadership in the planning for McCall's future, that the Mayor and City Council enthusiastically support the revitalization of the McCall Arts Council to become the McCall Arts and Humanities Council which is dedicated to the promotion of a thriving cultural life for the citizens of the greater McCall area. LeBrett seconded and the motion carried. 2. Joint Planning and Zoning Commission, June 23: The Mayor reported that the Joint Commission had met and recommended a revised Zoning Code to the Council. He described the process for implementation and advised that he would schedule the first hearing on the matter for July 23, 1992. 3. Park and Recreation Committee appointment: The Mayor nominated Malcolm Scott to replace Max Williamson on the Committee. VanKomen moved to confirm the nomination, Larson seconded and the motion carried. 4. Herrick Street vacation: The Mayor reported his conversations with Douglas Manchester who offered to pay to the city the costs of right of way acquisition, engineering, and construction for the Boydston-Boydston connector. Wallace asked that the matter be referred to the Transportation Committee and VanKomen asked that this not be considered until we have a written offer of the details for the committee to consider. It was so ordered. 5. Law Enforcement cooperation: The Mayor reported his actions to resolve communication and operational problems between the McCall Police Department, the Valley County Sheriff Department, and the Valley County Prosecutor. He advised that at this time there were no outstanding issues and that a mutual aid agreement was being respected. VI. PUBLIC COMMENT: No one appeared to petition the Council. VII. STAFF REPORTS: A. CITY ADMINISTRATOR'S REPORT: 1. Water connections/lawn watering management: A memorandum outlining a proposal from the Public Works department and the Treasurer was recommended. This would require that any customer with a greater than standard 3/4" or 1" service would be metered and billed as a commercial account. After discussion, with the consent of the Council, the Mayor directed the City Attorney to prepare an ordinance effecting such a program. 2. Park Path paving: The cost of dust oiling was lower than was planned and a $4500 saving identified. Staff recommended that this surplus be expended on paving the rest of the pathway between Mill Park and The Sportsman Restaurant. Wallace moved to use these funds to pave the path on the lake front. VanKomen seconded and the motion carried unanimously. 3. Status reports: The administrator reported on the status of the RAMOS weather installation at the airport, on the Comprehensive Plan, July 4 weekend preparations, notice of conditional use permits for the Frontier Days Rodeo events, and invited proposals for the budget preparation. B. CITY ATTORNEY'S REPORT: The attorney reported on his activity and reviewed the police department's recent activity. C. CITY TREASURER'S REPORT: The Treasurer had no items to report. VIII. OLD BUSINESS A. PRICE VARIANCE, FINDINGS OF FACT AND CONCLUSIONS OF Revised Findings and Conclusions were presented, as directed at the conclusion of the public hearing. After review, VanKomen moved to approve the Findings of Fact and Conclusions of Law as presented. Wallace seconded and the motion carried unanimously on a voice vote. Later in the meeting, LeBrett asked that her voted be recorded against the motion and it was so ordered. LAW: B. SPRING MOUNTAIN RANCH AGREEMENTS: The City Attorney reported on his review of the documents, clarifying that he had not been a party to all of the negotiations, and asked that the minutes show that the city was relying on the following: the city's inability to produce an appraisal within 30 days of December 31, 1992 on the right of way agreement would not be construed as a breach of the agreement, that the agreement was not intended to be in lieu of subdivision agreements for each plat or phase, that the agreements do not preclude further exactions from the developer as each phase is approved, that the agreements do not preclude the imposition of impact fees, and with those provisions the agreements appear to reflect the changes requested as of December 7, 1991. After questions and discussion and further direction to the City Attorney for language clarifying certain matters, the Council asked that additional changes to the language be discussed with the developer and then the agreements be returned to them. The Council asked that these drafts be circulated to the Golf and Transportation Committees for final review and comment and that the following be dealt with in further discussion with the developer: 1. That failure to build golf course should work a forfeiture of the PUD approval, and did agreement look like that? I said no. 2. That right of way agreement left City on hook if award of damages in condemnation action exceeded appraisal obtained by City. 3. That right of way agreement provided that developer could increase width of trunk road to 36 feet, leaving City with increased costs -- and wasn't that intended as quid pro quo for developer providing the paving machine which we were instead now going to provide. 4. That parties for administration of agreements for City should be Mayor and Clerk, not Clerk and Attorney. 5. That present City Attorney should feel free to review agreements for substance and form beyond the changes made since last prior edition. 6. Layout pathways and walkways coordinated with Golf Committee to ensure that these do not impede golf play. It was so ordered. IX. NEW BUSINESS A. NOTICE OF APPLICATION, DOUGLAS MANCHESTER FOR A PRIVATE SWIMMING AREA ON PAYETTE LAKE. The Council reviewed the Idaho Department of Lands application. After discussion, Wallace moved to advise the Department of Lands that the City opposed the application and that Manchester should be advised that the City's no wake ordinance would accomplish the same goal. Manchester should adopt sufficient buoys to have this zone marked in front of his property. Larson seconded and the motion carried. B. AGREEMENT FOR DRAINAGE, IDOT FOR THE INTERSECTION OF THIRD AND COLORADO: VanKomen moved that the agreement be approved and the Mayor authorized to sign. Wallace seconded and the motion carried unanimously. C. ORDINANCE 611, RELATING TO OPEN CONTAINERS OF ALCOHOLIC BEVERAGES: The Attorney advised that this section had been overlooked in the recodification of Title 5 of the City Code. The Council asked for a certain amendment clarifying the intent. VanKomen then moved to suspend the rule requiring that the Ordinance be read on three separate occasions. LeBrett seconded and on a roll call vote, VanKomen, LeBrett, Wallace and Larson voted Aye. The Mayor declared the motion carried and the rule suspended. Wallace then moved to adopt Ordinance 611. Larson seconded. The Attorney read Ordinance 611 by title. On a roll call vote, Wallace, Larson, LeBrett and VanKomen voted Aye. The Mayor declared the motion carried and the Ordinance adopted. In further discussion, VanKomen asked that if this ordinance causes complaints, the Council reopen the discussion and reconsider this ordinance. The Council consented. X. BOARD, COMMITTEE AND COMMISSION MINUTES REQUIRING ACTION: A. TRANSPORTATION COMMITTEE, JUNE 10: The Council had acted on the Committee recommendation regarding the Sports Marina on June 11. A recommendation on parking and signage in the marina area was considered. The Committee recommended that a boat trailer parking lot be created on the Fir/McCall Ave. holdings, that the East side of East Lake St. be marked for 2 hour parking from Mill Park to the Marina, that the west side of E. Lake St. from Mill Park to the park entry be marked for No Parking and as a tow away zone, and the West side of East Lake from the Sportsman Restaurant to the park parking lot be posted for 2 hour parking, and that the Marina lot, south of the Sports Marina, be marked for 2 hour parking and that the Fir St/McCall Ave. trailer lot be marked for 72 hour parking, for trailer parking only and that the Committee make no recommendation on the use of the Railroad right of way between Pine and 3rd St. for double unit parking. Larson then moved to accept this recommendation. VanKomen seconded and the motion carried. B. JOINT POWERS BOARD, JUNE 11, 1992: The Board recommended that JUB Engineering provide estimates on the repair to the air piping system for the aeration pond. Wallace moved to authorize the firm to provide only cost estimates. Larson seconded and the motion carried. C. JOINT PLANNING AND ZONING COMMISSION, JUNE 23, 1992: The Joint Commission recommended a new zoning ordinance which was presented to the Council, a zoning map which includes a new Impact Area Boundary. The Ordinance is numbered as Ordinance 615. The Mayor recommended that the Council set July 23 as a hearing date for the ordinance. The City Attorney then read Ordinance 615 for its first reading by title. VanKomen then moved to set the hearing for July 23. Wallace seconded and the motion carried. XI. ADJOURNMENT: At 9:44 p.m., without further business, Wallace moved to adjourn. VanKomen seconded and the motion carried; Mayor