HomeMy Public PortalAboutMOU- McCall - MGSITHOHAS W. KERR
PLS 998
KERR SURVEYING
P.O. BOX 853
404 E. PARK
McCALL, IDAHO 83638
(208) 634-2686
January 22, 1996
JOEL W. DROULARD
PLS 5357
Copy of memorandum received for comment on the afternoon of January
22, 1996 for a response at a meeting of the Transportation
Committee set for 6:00 pm on January 24, 1996.
NOTES ON MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF McCALL AND
MGSI
Paragraph 4. The developer needs an agreement much more than the
City does.
Paragraph 8. "--- the parties agree as follows." to the rest of
the recitals in the document.
Paragraph ll.a.10. "City has assured MGSI that adequate water and
sewer will be available." The City got into this trap with the
golf course property. What happens if Cascade shuts down any
further connections into the lagoons, or the City cannot get the
monies necessary for expansion of the systems, for example?
Paragraph 12. "-- recognizing that the City has a public planning
process and that none of these matters can be final until actions
are taken by Council." This statement is made several places in
the document. The Council that will make the decisions here and
other places in the document, has all ready agreed, prior to any
public input, that "these matters" should be done.
Paragraph 12.a. "That portions of East Lake Street right-of-way
should be merged into Legacy Park,--." I see no reason to vacate
any of the right-of-way. How do we know what is going to happen in
the future. If it is needed for parking, use it as such, but keep
it as a public right-of-way. One thing to remember is that once a
right-of-way is lost, it is very hard to get it back.
Paragraph 12.b. What is "local traffic"? The recommendation of
the Transportation Committee was that if the railroad right-of-way
was made into a primary connector, then the streets within the
McCall 1st west of the railroad could be looked at in light of what
is existing and what was to be developed. There has been nothing
to date that shows what is to be done with the properties.
Paragraph 12.c. The City has agreed that a marina lease should be
granted and also agreed to the form of the lease prior to a public
hearing. The agreement, by its wording, creates a private marina.
This is contrary to the purpose of the parks and recreation lands
as stated in Paragraph I of the Lease. Also, according to
Paragraph 4 of the Lease, the consent of the Council for commercial
use of the marina has already been granted. Do the Council minutes
show this approval and was it heard by the public?
Paragraph 12.d. The alleyway should not be vacated until a solid
plan is submitted for development of the area.
Paragraph 13. The cost of construction of the road between third
and pine as contemplated is much greater than if it went down the
existing railroad bed. Also, additional lands have to be purchased
to complete the road.
Paragraph 13.d. "Staff will support a variance request from MGSI
as a backup to this agreement--" City Council is telling the
staff that they will return a favorable report for a variance
request that they have not seen and has not even been written.
Paragraph 14.e. City must be a party to the bidding process and
selection of the contractor.
Paragraph 16. Why would the City help in sampling the soils
within the area of the Kalman deed?
PARK LAND LEASE FOR MARINA PURPOSES
The language of the proposed lease allows for the building of a
private, commercial marina for the benefit of MGSI. From Paragraph
4, it appears that the Council has already given consent to the
commercial use of the area. I do not remember a public hearing
notice on this. It also allows the rental of the slips to persons
who are not residents in or owners of property in McCall. Some of
the language states that the lands have to be used for the people
of McCall, which is a contradiction.