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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.