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HomeMy Public PortalAbout1997.10.29 VAC-97-01 - Davidson Street Adjournment..................................................................................................................................................9 MINUTES Regular Meeting of the McCall City Council—Thursday, January 8, 1998 Meeting of Incumbent Council Call to Order and Roll Callr The meeting was called to order by Mayor Killen at 7:00 P.M. Ms. Arp and Messrs, Colton, Eimers, Martens and Killen answered the roll call. A quorum was present. Members of the staff present were: (1) City Manager Brian Olson, (2) City Attorney Ted Burton; (3) City Clerk-Treasurer Jim Henderson; (4) City Engineer Jackie Fields; and (5) Staff Planner Andy Locke. PreviousMinutes of - - Mr. Colton moved to approve the minutes of December 18, 1997. Mr. Eimers seconded and the motion carried unanimously. Mr. Martens moved to approve the minutes of December 29, 1997. Mr. Eimers seconded and the motion carried unanimously. Payment of Claims Mr. Martens moved to approve the claims. Mr. Colton seconded. After discussion, the motion carried unanimously. Remarks of Outgoing Council - . - Mr. Martens thanked the other members of the council and congratulated the incoming council members. Mr. Colton presented a desk pen set to Mr. Martens in appreciation of his four years on the city council. Mr. Killen thanked the other members of the council and congratulated the incoming council members. He cautioned the incoming council members to make the decisions based on the best interest of the city for the long range. Ms.Arp presented a desk clock to Mr. Killen in appreciation of his two years as mayor and a desk pen set in appreciation of his four years on the city council. 3 The council recessed. Meeting of Incoming Council Oaths of Office Mr. Eimers, Mr. Muller and Mr. Venable subscribed to the official oath of office and were swom by the City Clerk. Election of Mayor Mr. Muller nominated IGrk Eimers. Mr. Venable seconded. At a voice vote Messrs. Colton, Eimers, Muller and Venable voted"aye." Ms.Arp voted"No." The motion carried. Mr. Eimers subscribed to the official oath of office and was swom by the City Clerk. Election of Council President Mr. Venable nominated Allan Muller. Ms. Arp seconded and the motion carried unanimously. Public Comment The mayor opened the meeting to comment from the public respecting items not related to the public hearings. The following were heard: Report on Pending Litigation--City of McCall v.Montgomery Watson Km Trout of OmdoTff and Trout gave a report on the status of the pending litigation. Partial Vacation of Dawson Avenue t David Kalange, represented the applicants gave a report. Zoning Administrator Andy Locke gave a staff report. After discussion, Ms. Arp moved to adopt the Findings of Fact and Conclusions of Law of the Planning and Zoning Commission and to approve the vacation as requested. Mr. Colton seconded and the motion carried unanimously. _ Conditional Use Permit—Payette Lakes Medical Clinic Mr. Locke gave a staff report. After discussion, Mr. Colton moved to adopt the Findings of Fact and Conclusions of Law of the Planning and Zoning Commission and to approve the Conditional Use Permit subject to the conditions stated in the Findings of Fact. Mr. Muller seconded. At a voice vote, Ms.Arp and Messrs. Colton, Eimers and Muller voted "aye." Mr.Venable voted"No." The motion carried. 4 Harold Beckett—Water Rate Mc Beckett questionetl being chargetl;a commeraal non-mefered rate when a�1teter had �- z.�,��..x�.been�installed=arid.that:the;capitaiiiation.feeralculations:indicatedfaxpart�al�r".esidentialnrate. ,_.�.'„_ _ He stated that he is making a formal application for rate adjustment. Mr. Beckett also questioned the purchase of a pickup-mounted snow blade by the golf course for clearing the clubhouse parking lot when the city had ample snow removal equipment. He also reported that he had observed the pickup and blade being used to clear a private driveway. Idaho Community Development Block Grant Jackie Fields gave a report noting the requirement to hire a Grant Administrator and that after two attempts only one administrator, Ida-Ore had applied. Ms. Arp moved to authorize a Letter of Intent to contract with Ida-Ore Planning and Development Association ` in the event an ICDBG was awarded to the city. Mr. Muller seconded and the motion carried unanimously. Dennis Coyle-Ponderosa State Park Manager Mr. Coyle reported that a bill was being introduced in the Idaho Legislature to acquire land that is intended to become a part of Lakeview Village. He requested a letter of support from the city. Ms. Arp moved to direct staff to draft a letter to that effect. Mr. Muller seconded and the motion carried unanimously. Janet Venable Ms.Venable welcomed the new council and also City Manager Brian Olson. Water System Duane Smith presented the report of the Ad Hoc Committee on water rates. He further reported that the committee recommended the hearing scheduled for January 10, 1998 be postponed. After discussion, the council by consensus agreed to hold the hearing as scheduled and to develop alternatives and hold a second hearing at a later date. Request for Utillty AdjustmentRobert Renfro Mr. Renfro stated his request questioning the usage for which he was billed and offered to _ pay half of the bill. He reported that a leak had been discovered and he had the leak repaired. After discussion, Mr. Olson stated that this was a policy matter and that the staff should look into it further. Scofty Davenport Mr. Davenport pointed out that the grant-funded dump station for on-board waste systems would require future maintenance and that the council must consider that in budget setting. Mr. Davenport further pointed out that sidewalk cleaning would be important during the upcoming winter carnival. 5 Mr. Davenport asked if the three employees that had received temporary appointments pending the arrival of the new City Manager had been returned to their old positions and salaries. Mr. Henderson reported that they had. Consent . . The following item was listed on the consent agenda: Pay Estimates#8 and Request for Reimbursement—J-Ditch Mr. Colton moved to approve the consent agenda. Mr. Muller seconded and the motion carried unanimously. Mr.Colton moved to recess for 10 minutes. Mr. Muller seconded and the motion carried unanimously. The council adjourned at 9:20 PM and reconvened at 9:30 PM. I New Business Council Appointments Urban Renewal Agency Mr. Colton moved to appoint Kirk Eimers to the Urban Renewal Board. Ms.Arp seconded and the motion carded unanimously. Fourth Judicial District Magistrate's Council Ms. Arp moved to nominate Allan Muller to the council. Mr. Eimers seconded and the motion carried unanimously. Big Payette Lake Water Quality Council Ms. Arp moved to nominate Kirk Eimers to the council. Mr. Muller seconded and the motion carried unanimously. Council Meeting Procedures and Agendas Mr.Olson stated that he would like to review the current procedures and would be making recommendations. Resolution No. 1-98 Mr. Henderson gave a report noting that the Idaho Code required that the Mayor and Treasurer sign checks. He recommended that the Council President be designated to sign when the Mayor is absent and that the City Manager be designated to sign when the Treasurer is absent. After discussion, Mr. Colton moved to adopt Resolution No. 1-98. Ms.Arp seconded and the motion carried unanimously. 6 Quitclaim Deed--Joyce and James Nisula Mr:Burton gave a report: After discussion,Mr Colton moved to accept the`.deed Ms Arp Request for Waiver of Late Charges-Sondra Skinner This item was withdrawn by the applicant. ReportsStaff City Manager Mr. Olson stated that he had been present for twelve hours and was just getting oriented. City Attorney Mr. Burton pointed out a need to clarify the sidewalk ordinances. After discussion, it was determined that the city should develop and inventory of sidewalks and conditions. City Clerk Treasurer Mr. Henderson reported that he had looked into the invoice on a new engine for the public works department. He found that the engine was installed in the 1979 Ford 1-Ton service truck. Mr. Henderson stated that he had attempted to contact the President of the Boise Snowmobile Club about the club's trip to McCall and found that the trip had been cancelled since accommodations were not available. City Engineer The council noted a written report. Director of Public Works CommentsMayor and Council - . . Ms.Arp Ms. Arp reminded the council, staff and those present of the Community Visioning sessions on Wednesday,January 14, 1998. Ms.Arp further reported that she had some conversations with the Mary Gray concerning the Highway Corridor Management Program and would have more information later. 7 c Mr.Colton Asked that the City Manager look into the Golf Course snowplow use reported by Mr. Beckett. Reported that he would be absent both February meetings. Mr.Muller Mr. Muller thanked the outgoing council members and stated that he was glad to become a part of the council. Mr.Venable Mr.Venable stated that he was happy to be successful in his first political endeavor. Mr.Einmm Asked that staff contact KCML and request an announcement that the hearing for January 10t'would still be conducted. Adjournment Without further business, Mr. Muller moved to adjourn. Ms.Arp seconded and the motion carried unanimously. The meeting adjourned at 10:45 PM. ATTEST: "` � IGrk L. Eimers, Mayor James H. Henderson,Clerk 8 CITY OF MCCALL PLANNING AND ZONING COMMISSION MINUTES Attending: Richard McChrystal, Chairman Pat Allen Scott Davenport Kathy Showers Staff: Andy Locke, PEtZ Administrator Ted Burton, City Attorney CALL TO ORDER AND ROLL CALL: At 7:08 p.m., Chair called the meeting to order announced a quorum present. MINUTES: Allen moved to approve the minutes of December 2, 1997. Showers seconded and the motion carried unanimously. OLD BUSINESS: Commission took up the following Findings of Fact and Conclusions of Law: 1. SR-97-36 - Rife - 1114 W. Lake St. - New House 2. Airport Self Storage - Sloane - 301 S. 3rd St. - Sign Citing no objections, Chair announced the FNCs approved as written. VAC-97-1 - Davis ft Sandin- Vacate the easterly most 20 feet of Dawson Avenue, north of Hemlock Street. Commission received requested comments from the Fire District and the Transportation Advisory Committee. Commission discussed available options. Davenport moved to table the matter until later in the meeting, seconded'by Allen. Y The motion carried unanimously. PUBLIC HEARINGS NOTICED FOR 7:15 P.M. CUP-97-9 - Eidam Ft Ennis - Construct Duplex in Zone A - 211 W. Lake St. December 16, 1997 CPZ minutes.doc Page 1 of 6 Chair introduced the application and opened the public hearing at 7:23 PM. Locke presented the staff report, discussing density, traffic/parking, design, compatibility and relevant code sections. Andy Laidlaw, representing the applicant gave a presentation. Laidlaw asserted that the use was compatible, citing Brown's Palace, Crystal Beach Condominiums, Pebble Beach Trailer Park, and individual duplexes. Laidlaw discussed the design, stating that if setbacks were the concern, they could be adjusted, and that the project proposes a 77 foot setback from the lake, while only 50 feet is required. Laidlaw continued by stating that the CUP process allows Commission discretion, and asked that the Commission approve the application. Chair called for public testimony. Dave Byars, 219 W. Lake St. spoke in opposition to the CUP. Byars commended Laidlaw on his work, opining that the building would be attractive, but had the following concerns: precedence of multifamily dwellings in a single family area; narrowness of the lot; obstruction of views for adjacent homes. Gary Mahn, 209 W. Lake St. spoke in opposition to the CUP. Mahn voiced concerns over obstruction of views; precedence of increasing density; single family character of neighborhood between Brown's Palace and Crystal Beach; traffic and parking. Mahn requested that the Commission deny the application. Steve Millemann, representing the Mahns, spoke in opposition to the CUP. Millemann urged the Commission to consider the precedence that approval would set. It would be increasingly difficult for the Commission to deny applications to increase density. Bob Ennis, co-applicant, spoke in support of the CUP. Ennis gave a history of the property, indicating that the two families had grown to the point of needing more space than the A-frame could provide. Ennis said that the duplex would allow each - family to have their own space, and that the design would be compatible with surrounding homes. Marion Johnson, 127 E. Lake St., spoke in opposition to the CUP. Johnson also spoke on behalf of her husband, L.M. Johnson. Johnson raised concerns with the following: congestion; compatibility; zoning Ft comprehensive plan; aesthetic enjoyment; traffic/parking. Johnson requested that the Commission deny the application. December 16, 1997 CPZ minutes.doc Page 2 of 6 Jean Odmark, 141 E. Lake St., spoke in opposition to the CUP. Odmark re-iterated the comments in opposition to the CUP. Odmark asserted that a duplex, with its attendant density would devalue adjacent properties. The Commission noted that they had received and read several letters submitted in regards to the application. Locke summarized each letter for the benefit of the audience: Frank Bruneel - opposed Richard Et Mary Lou Ennis - in favor David Palfreyman - opposed A.H. Schade - opposed Gary Et Kathy Mahn - opposed - Idaho Transportation Department - neutral Gregory Schade - opposed Phil Et Nancy Reberger - opposed Drew Et Paula Forney - opposed Walter Et Caroline Hair - neutral - in favor w/ conditions David Burpee - opposed Jean Odmark - opposed Marion Et L.M. Johnson - opposed William Forney - opposed Ann Lloyd Edwards - opposed Mabel Lloyd - opposed Michael Et Nancy Estess opposed Chair closed the public hearing at 8:05 PM. Commission discussed the application. Davenport voiced concerns over compatibility in terms of views of the lake and density. Showers pointed out problems with Scenic Route approval and density. Allen discussed financial problems and the precedence of allowing a multifamily dwelling at this location. McChrystal discussed width and problems with a multifamily dwelling at this location. Allen moved to approve CUP-97-9, seconded by Showers. Chair called roll: Allen - No McChrystal - No Showers - No Davenport - No The motion failed on a 4-0 vote. Commission consciously chose not to make a motion to waive the requirement for a second public hearing. December 16, 1997 CPZ minutes.doc Page 3 of 6 CUP-97-10 - Payette Lakes Medical Clinic, P.A. - 209 Forest St. - Medical Clinic in Zone A Chair introduced the application and opened the public hearing at 8:20 PM. Citing a conflict of interest, Allen recused himself and sat in the audience. Locke gave the staff report and noted the sole letter submitted, from Bob Brown, neighbor to the west. Concerns related to lighting, drainage, hours of operation, and landscaping on the west side of the clinic. Steve Millemann, representing the applicant, spoke in regards to how much improved the application was over a previous proposal (November, 1996). Millemann also indicated that the applicants had met in advance with the neighbors to resolve any problems that might arise. Millemann requested that rather than place an arbitrary limit on the hours of operation, that concerns over lighting be mitigated by the applicant, if and when there are problems. Millemann also indicated a willingness to work with the neighbor to the west regarding landscaping. Millemann pointed out concerns raised at the neighborhood meeting, noting that all had been addressed. Concerns ranged from mechanical noise, drainage, and tree removal. Chair solicited public comment. Pat Allen expressed a desire to speak in regard to the application, but was advised by Burton that speaking would be contrary to Idaho State Law (IC 67-6506) regarding conflicts of interest. Dave Byars, 219 W. Lake St., spoke in favor of the application, noting that it was a good plan and requested that the Commission approve the application. Davenport inquired as to the roof material. Ed Droge, a co-applicant, indicated that - the roof would be a 4:12 pitch with metal or composite. Davenport noted there may be problems with sliding snow. Karen Kelley, McCall Memorial Hospital Administrator, asserted that the shared parking lot would work fine for the hospital, and life flight. Millemann again expressed a desire to work with Brown on the landscaping. Droge echoed Millemann's comments. December 16, 1997 CPZ minutes.doc Page 4 of 6 Chair closed the public hearing at 8:51 PM. After discussion, Davenport moved to approve CUP-97-10 with the condition that lighting problems and landscaping concerns be mitigated by applicant to satisfaction of neighbor to the west. Showers seconded and the motion carried unanimously: Davenport - Yes McChrystal - Yes Showers - Yes Davenport moved that a second public hearing before City Council not be required, seconded by Showers. The motion carried unanimously. VAC-97-1 - Davis £t Sandin- Vacate the easterly most 20 feet of Dawson Avenue, north of Hemlock Street. Commission resumed discussion of the Dawson Avenue vacation. After extensive discussion, Allen moved to approve the vacation of the 20' adjacent to the Freelon, Davis, and Sandin Properties, with the following condition: the property owners grant a 10' snow storage easement adjacent to the new R/W Line. Showers seconded and the motion carried unanimously: r. Allen - Yes McChrystal - Yes r. Davenport - Yes Showers - Yes ` Davenport moved that a second public hearing before City Council not be required. h 1 , Showers seconded and the motion carried unanimously. SR=97 38 - Maverick - Sian - 622 N. 3rd St. Davenport moved to approve the application, as submitted. Showers seconded and,...;: the motion carried unanimously. ROS-97-15 - 1912 Pil-grim Cove Rd. - Combine 2 lots into 1 Allen moved to approve the application, as submitted. Davenport seconded and the motion carried unanimously. OTHER • Davenport inquired as to parking in CBD, when businesses change hands. • Commission provided comments on Issues Papers for CommunityVision '98. • Showers inquired as to river rock wainscoting at Maverik. Commission requested Staff to make up a punch list for finalizing the project. December 16, 1997 CPZ minutes.doc Page 5 of 6 • Staff inquired as to uses in Zone CB, relating to a proposed time share project. • Staff inquired as to building height variance. ADJOURNMENT With no further business, Chair adjourned the meeting at 10:08 p.m. Respectfully Submitted, Attest: Richard McChrystal, C airman drew Locke, dministrator December 16, 1997 CPZ minutes.doc Page 6 of 6 CITY OF MCCALL PLANNING AND ZONING COMMISSION MINUTES -DECEMBER.2) 1997 Attending: Richard McChrystal, Chairman Pat Allen - Scott Davenport Staff: Andy Locke, PBtZ Administrator Ted Burton, City Attorney CALL TO ORDER AND ROLL CALL: At 7:06 p.m., Chair called the meeting to order announced a quorum present. MINUTES:- Davenport moved to approve the minutes of November 4, 1997. Allen seconded and the motion carried unanimously. OLD BUSINESS: Allen moved to approve the following Findings of Fact and Conclusions of Law: 1. SR-97-36 - Rife - 1114 W. Lake St. - New House 2. Airport Self Storage - Sloane - 301 S. 3rd St. - Sign The motion was seconded by Davenport and carried unanimously. NEW BUSINESS: SCENIC ROUTE REVIEW SR-97-37- HEW Block - 305 E. Park St. - Sign Locke presented the application, identifying the site. Davenport voiced concerns of "electronic filing" and "all state returns." Allen moved to approve the sign as submitted, seconded by McChrystal. The motion carried on a 2-1 vote, with Davenport voting No. PUBLIC HEARINGS NOTICED FOR 7:15 P.M. CUP-97-9 - Eidam Et Ennis - Construct Duplex in Zone A - 211 W. Lake St. December 2, 1997 CPZ minutes.doc Page 1 of 3 Upon request of the applicants, Allen moved to reschedule the public hearing to Tuesday, December 16, 1997 at 7:00 p.m., seconded by McChrystal. The motion carried on a 2-1 vote, with Davenport voting No. VAC-97-1 - Davis Ft Sandin- Vacate the easterly most 20 feet of Dawson Avenue, north of Hemlock Street. Chair introduced the application and opened the Public Hearing at 7:16 p.m. Locke presented the Staff Report, discussing the application in terms of utilities, street f' width, cul-de-sac, comments by TAC, and submitted public comment. Chair called for public testimony. Dan Steiner, owner of Lot 11, and the Northwest most parcel on Dawson Avenue. Steiner voiced concerns over the location of the Cut- de-Sac, and that it would make his lot effectively smaller than it already is; One outbuilding of his is located in the northern most portion of the R/W. Linda Steiner, of the same address as Dan Steiner, raised concerns over safety regarding a Cut-de-Sac. Staff indicated that it was unlikely that the Cut-de-Sac would be built, but that the City would prefer not to vacate property that it may need at some time in the future. Dave Kalange, representing the applicants, discussed reasons for the proposed vacation. Kalange said that it made sense to place the turnabout at the end of the street, so as to ensure that all parties had access to the R/W. Kalange also had difficulty in locating the structures on the Steiner property, without hiring a surveyor to do additional work. Chair closed the public hearing at 7:35 p.m. Commissioners discussed the comments submitted by the Transportation Advisory Committee (TAC), and the possibility of vacating the entire easterly 20' of Dawson Avenue. Allen inquired as to whether a property owner can assume adverse possession on city property. Burton said they could not. Allen requested that the Fire Marshall render an opinion on whether it would be acceptable to vacate the entire easterly 20' of Dawson Avenue and omit the turnabout area. Allen also asked to allow Steiner to apply for a vacation of the end of Dawson Avenue, and to wait for the final comments of the TAC. Allen moved to table the matter and re-open the public hearing at 7:00 on Tuesday, December 16, 1997. OTHER, - Davenport inquired as to parking at Bev's Cafe new location and the status of Ft. Boise freestanding sign. December 2, 1997 CPZ minutes.doc Page 2 of 3 ADJOURNMENT With no further business, Chair adjourned the meeting at 8:05 p.m. Respectfully Submitted, Attest: Richard McChryst 1, Chairman n Locke, A inistrator December 2, 1997 CPZ minutes.doc Page 3 of 3 Y- -y_ 1 CITY OF MCCALL PLANNING AND ZONING COMMISSION FINDINGS AND CONCLUSIONS IN SUPPORT OF APPROVAL OF A PARTIAL VACATION OF A PUBLIC RIGHT-OF-WAY VAC-97-1 - DAVIS Ct SANDIN - DAWSON AVENUE The Commission finds that: 1. A petition for approval of a partial vacation of a public right-of-way (R/W) was presented for public hearing on December 2, 1997 Et December 16, 1997 by David Kalange, as representative of Robin Davis and Jeff Et Sandra Sandin, owners of: Beginning at the SW corner of Block of the 26, First Addition to the Village of McCall, Idaho; measure East 40 feet; thence in northerly direction 100 feet; thence more or less to point of beginning. And; Beginning at the Southeast corner of Fractional Block 26, McCall's First Addition to the Village of McCall, Valley county, Idaho, thence Westerly along the South boundary line of said block, sixty (60) feet; thence at right angles Northerly One Hundred (100) feet; thence at right angles Easterly Sixty Southerly One Hundred (100) feet to the Southeast corner of said Block, the place of Beginning. And; A portion of Block 26 of McCall's First Addition, according to the official plat thereof, on file and of record in the office of the Recorder, Valley County, Idaho, in Book 1 of Plats, at Page 28, more particularly described as beginning at a point on the East boundary line of Fractional Block 26, said McCall's first Addition to the Village of McCall, Valley County, Idaho, 60 feet South from the Northeast corner of said Block 26, thence Westerly and parallel with the North boundary line of said Block 26 a distance of 90 feet, more or less, to the West boundary line Southerly 80 feet; thence Easterly parallel with the North boundary line of said Block 26, 90 feet, more or less, to the East boundary line of said Block 26; thence Northerly along said East boundary line 80 feet to the point of beginning. And; That part of fractional Block 26 of The First Addition to the Townsite of McCall, Valley County, Idaho, described as follows: Beginning 100 feet Northerly from the SE corner of said Block 26; thence measure 60 feet in a Northerly Dawson St - VAC-97-1 - FNC.doc Page 1 of 3 direction; thence West 100 feet to a point; thence South 60 feet to a point; thence East to the Point of Beginning. The application refers to the portion of Dawson Avenue North of Hemlock Street. 2. The necessary notice was given to the public and to other public agencies and entities. 3. The portion of Dawson Avenue under consideration for vacation lies North of Hemlock Street, and is the Easterlymost 20' of the Right-of-Way, adjacent to the above mentioned parcels. The vacation is depicted on a site plan, prepared by Green Studio Architecture, and labeled Exhibit "A", attached. 4. Dawson Avenue, North of Hemlock Street, is platted as an 80 foot wide Right-of- Way. The actual traveled way is located west of the centerline of the Right-of- Way, and is approximately 20 feet wide. 5. Dawson Avenue is a "Minor or Residential Street" as defined in MCC 3-4-020 (118) a. Such a street requires a 60 foot Right-of-Way. 6. The City of McCall has no need for Dawson Avenue as an 80' Right-of-Way. A 60' Right-of-Way, built to the standards of MCC 3-21-260 (H), drawing #102, is sufficient at this time, and the foreseeable future. 7. Two homes have.been constructed in the Easterlymost 20' of the Dawson Avenue Right-of-Way. As per Idaho Code, 50-311, the Commission has deemed it in the best interests of all affected property owners, that the partially vacated portion of Dawson Ave. revert to the property owners on the east side of Dawson Avenue only. 8. The proposed partial vacation is without harm to transportation needs, provided that a 10' snow storage easement be retained on the vacated portion of the street. The Commission Concludes that: 1. 'The proposed partial vacation is without harm to transportation needs, and will result in an adequate amount of Right-of-Way, both for the present and future needs of the City of McCall. 2. At the public hearing, 2 persons and the applicant's representative spoke regarding the application. A second public hearing before the City Council is unlikely to generate additional public comment. Therefore, a second public hearing is not necessary. 3. The proposed partial vacation is appropriate, with the following necessary condition: Dawson St - VAC-97-1 - FNC.doc Page 2 of 3 i (a) The recipients of vacated portions of Dawson Avenue grant the City of McCall a 10' snow storage easement across the street frontage of the vacated Right-of-Way. (b) All survey, document preparation, and recording costs are to be borne by the applicants. 4. The Commission hereby recommends that the City Council vacate the Easterlymost 20' of Dawson Avenue, as described herein. Dated: December 18, 1997 Attest: me Richard McChrystal, Chairman An rew Locke, d inistrator Dawson St - VAC-97-1 - FNC.doc Page 3 of 3 Publisher 's Affidavit of Publication STATE OF IDAHO SS !NOTICE OF PUBLIC HEARING County Of Valley CITY OF MCCALL �A portion of Block 26 of MECa11's First PLANNING&ZONING COMMISSION , Addition,according to the official plat thereof, I, Leslie S. Freyer, being duly sworn and say, I am the receptionist of The City of McCall Planning and Zoning I on file and of record in the office of the Re- The Central Idaho Star-News, a weekly newspaper published at McCall, in the Commission will hold a public hearing on corder, Valley County, Idaho, in Book 1 of Count of Valley, State of Idaho; that said newspaper is in general circulation Tuesday;December 2,1997 at 7:15 p.m.(or as ` Plats,at Page 28,more particularly described y a y p p g soon thereafter as the matter may be heard)at as beginning at a point on the East boundary in the county of aforesaid and is a legal newspaper;that the NOTICE OF the McCall City Hall,lower level,216 E.Park line of Fractional Block 26,said McCall's first PUBLIC HEARING, a copy Of which is enclosed hereto and is a part hereof, Street,McCall,Idaho. The hearing is for the I Addition to the Village of McCall, Valley purpose of receiving testimony from interested County,Idaho,60 feet South from the North- was published in said newspaper once a week for one week in the regular and persons regarding an application submitted by east corner of said Block 26,thence Westerly entire issue of every number there of during the period of time of publication, Robin Davis&Jeff and Sandra Sandin,for a i and parallel with the North boundary line of i and was published in the newspaper proper and not in a supplement; and that partial vacation of a platted right-of-way pur- ! said Block 26 a distance of 90 feet,moreorless, suantto MCC-3-21-310. More particularly,to to the West boundary line Southerly 80 feet; publication of such notice an November 13, 1997 and ended November vacate 20'of Dawson Avenue north of Hem- thence Easterly parallel with the North bound- 13, 1997. % lock Street. i ary line of said Block 26,90 feet,more or less, The properties with respect to which this to the East boundary line of said Block 26; application was made is: thence Northerly along said East boundary line ' Beginning at the SW corner of Block of the 80 feet to the point of beginning. And 26'First Addition to the Village of•McCall, Thatpartof fractional Block 26ofTheFirst Subsbribecli6Ad sworn before me this the April 30, 1998. Idaho;measure East 40 feet;thence in north- i Addition to the Townsite of McCall, Valley j erly direction 100 feet;thence more or less to County,Idaho, described as follows: Begin- STATE OF IDAHO point of beginning. ning 100 feet Northerly from the SE corner of i Beginning at the Southeast corner of Frac- said Block 26; thence measure 60 feet in a COUNTY OF VALLEY tional Block 26,McCall's First Addition to the I Northerly direction;thence West 100 feet to a Villageof McCall,Valley county,Idaho,thence a point;thence South 60 feet to a point;thence Westerly along the South boundary line of said I East to,the Point of Beginning. 1 block, sixty (60) feet; thence at right angles I The application refers to the portion of I Dawson Avenue North of Spruce Street. Northerly One Hundred(100)feet;thence at right angles Easterly Sixty Southerly One Hun- 1 Details of the application are available"for On this 30th day of April, in the year of 1998, before me,a Notary dred(100)feet to the Southeast corner of said ' review during regular business hours at McCall i Public, personally appeared Leslie S. Freyer, known or identified to me to be Block,the place of Beginning. And City Hall,216 E.Park Street. the person whose name subscribed to the within instrument and being b me The public is encouraged and invited to p � g y attend the hearing and/or make written com- first duly sworn, declared that the statements therein are true, and acknowl- ment prior to the hearing. Written comment be addressed to: edged to me that she executed the same. mayPlanning and Zoning Commission, P.O. Box 986,McCall,ID 83638 Dated November 7, 1997 Andrew K. Locke, Planning & Zoning v, I Administrator Itl1/13 Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires:1999 1 't G,ITE Lo���'lot� 1 _t- 1 ��bra• ToFij kt�cur r -- � — NORTH 7z VA (e9-k1Z 41 7-r I c° �pp1 I# 1GLC- bpvkr7'h PP�P�I �b�o42�07„E. I SOr. 1 , r . STAFF REPORT FOR CITY COUNCIL- JANUARY 8, 1998 VAC-97-1 - VACATE A PORTION OF DAwsoN AVENUE - SANDIN Ft DAVIs The applicants, Tracy Freelon, Robin Davis &t Jeff Sandin, are asking the city to vacate the easterlymost 20' of Dawson Avenue, north of Hemlock St. The Commission recommended that the City Council vacate the requested portion of Dawson Avenue with the following condition: • Those receiving land grant a 10' snow storage - no build easement nearest the new R/W line. (This would prevent property owners from building fences closest to the street). Granting the partial street vacation would add an additional 20' to the west boundary of the Freelon, Davis, and Sandin properties. It would also result in a 60' wide Dawson Avenue, with an approximate 80' turn around area at the end of the, street. Existing Conditions Currently, the Dawson Avenue R/W is 80' wide. The city standard for a local street is 60' wide. The actual traveled way of the street, which is gravel, is located entirely in the west half of the R/W. The center line of the R/W.defines the east boundary of the street. Reason for Vacating The primary reason for the application is that a portion of the Davis house is located in the R/W, while most of the Freelon Cottage is located in the R/W. In actuality, the Davis house is setback 35 feet from the traveled way, and the Freelon Cottage is approximately 20 feet back. The structures on the west side of Dawson Avenue are conforming, with the exception of the Jackson house (12' setback). As per policy set by City Council, vacated streets go '/z to each side, unless the property owners don't wish to accept any land (this is also noted in IC 50-311, attached). Jackson and Dyrud have signed a letter stating that they do not wish to accept land from the R/W vacation. Therefore, the proposal to vacate only the easterlymost 20' of Dawson Avenue is appropriate. Transportation Advisory Committee (TAC) The TAC took up the matter at its November 12 and December 10 meetings. TAC requested that those property owners receiving vacated land grant a 10' snow storage - no build easement. Public Comment Dan Steiner, owner of property north of the three applicants (northernmost lot on Block 26, McCall's First Addition) was concerned about dedicating land for a turn around (which he will not have to do). As Mr. Steiner also owns lot 11 of Block 19 (across Dawson Avenue from the property where his house is) he indicated that he would also like to apply to have the end portion of Dawson Avenue. Staff Recommendation MCC 3-21-220 (F) 6. requires that Cut-de-Sac streets have a turn-around R/W of at Least 120 feet, and a paved area of at least 90 feet. This is primarily for emergency vehicle access and snow removal purposes. Dawson Avenue was not designed with a Cul-de-Sac, and is thus 80' wide at its terminus. Given this situation, the City should strive to maintain enough R/W to build the best Cut-de-Sac possible, if the City should decide to do so in the future. The Commission recommended that the Council vacate the portion of Dawson Avenue, as proposed. The Commission also noted that they would consider a similar application by Mr. Steiner. However, if the Council vacates the street as proposed, you will not be able to further vacate portions of Dawson Avenue because there will be no room for a turn-around area. Though a turn-around area will not likely be built in the near future, the City should carefully consider vacating land that it may later need (to build the turn-around). If the Council wishes to consider vacating the portion of the street in front of Mr. Steiner's property, granting the proposed vacation will likely preclude your ability to do so. If this is your wish, staff recommends that you not vacate the portion of Dawson St. adjacent to the Sandin property. Vacating the portion adjacent to the Freelon and Davis properties will have no effect on future vacations of Dawson Avenue, and staff recommends approval. If the Council does not wish to consider further vacations on this portion of Dawson Avenue, staff recommends approval. Andy Locke PFtZ Administrator January 2, 1998 Vicinit Map - Dawson Avenue Vacation - VAC-97- 1 ......................... ...... ...... ST �� D � oa � AOL ;,► + $K lip a�� _ - - �� - - � ' ► � - { ; — � I - j � - - _ � _ . , _ - �: i w - �. � �. !' 1?' , ` ' f� ,Y' k �� i. {JII � _ 1 � I ' �;�= � �� . �� .�.F _ .I � �.1 i � . JI: _., �jl 1i 12/03/1996 22:16 2083367608 D L S PAGE 02 IN STEINER 1932 E.THREE$Ak5 DR- MERIDIAN,IDAHO 83642 Phone 208-895-0942 Fax 208-895.0943 December 16. 1997 Mr.Andy Locke P&Z Adtnimstrator 216 East Park Street P.O.Box 986 M", Id 83638 Re: Street Vacation on P&Z agenda. Dear Mr,Locke We will be unable,to attond the Plntaning and Zoning Meeting tonight. Would you Please bring to the attention o:the Conunimion [thy testimony at the last meeting. I also plan to apply for the street Vacation to Continue to tin;end of the str cct behind my bouso at 1506 Davis Street which is the end of Dawson Street. Thank you very much. S�cexelw, Daniel L. Steiner Memorandum To: City Planning Et Zoning Commission From: Andy Locke, PFtZ Administrator Date: December 11, 1997 Re: VAC-97-1 - Dawson Street Vacation update At the public hearing of December 2, the Commission tabled the matter pending a ruling by the Fire District as to whether the entire east 20' of the R/W could be vacated, and a final report by the Transportation Advisory Committee. Fire District As noted in the attached letter, the Fire District would like the shortest street with the widest turnaround possible. In other words, the answer to whether the entire east 20' of R/W could be vacated is no, at least in the eyes of the District. They also indicate that it would be acceptable to vacate the end of the street and move the turnaround closer to Hemlock St. Transportation Advisory Committee (TAC) The TAC met on Wednesday evening, December 10, and thus written comment is not yet available. The Committee determined that the Street could be vacated without problems; provided a 20' snow storage easement could be held on the vacated portion of the street. Essentially, the TAC does not believe that fences should be built in the 20' closest to the R/W. Dan Steiner (property owner at end of Dawson Ave) I gave an application to Dan Steiner, and he presumably is beginning the Vacation process. WCALL FIRE DISTRICT, FIRE & EMS December 9, 1997 To: Andrew Locke Community Planning Dept. McCall City Hall From: Mark A. Larson, Fire Marshal McCall Fire Protection District Re: Proposal for Abandonment on Dawson Ave. Andrew, After reviewing your verbal proposals concerning options for the Dawson Street abandonment. The option that results in the largest turnaround with the shortest street would be the most preferred. Respectfully Submitted, Mark A.. Larson, Fire Marshal McCall Fire Protection District 300 East Park Street • P.O. Box 1597 • McCall, Idaho 83638 (208) 634-7070 • FAX (208) 634-5360 Idaho Statute Search http://www.idwr.state.id.us/cgi-bin/idsthold?sctid=50-311 Idaho Statutes The Idaho Code is made available on the Internet by the Idaho Legislature as a public service. This Internet version of the Idaho Code may not be used for commercial purposes,nor may this database be published or repackaged for commercial sale without express written permission. Available References: Explanation of Score I Search Instructions. TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 3 POWERS 50-311. CREATION -- VACATION OF STREETS -- EMINENT DOMAIN -- REVERSION OF VACATED STREETS. Cities are empowered to: create, open, widen or extend any street, avenue, alley or lane, annul, vacate or discontinue the same whenever deemed expedient for the public good; to take private property for such purposes when deemed necessary, or for the purpose of giving right of way or other privileges to railroad companies, or for the purpose of erecting malls or commons; provided, however, that in all cases the city shall make adequate compensation therefor to the person or persons whose property shall be taken or injured thereby. The taking of property shall be as provided in title 7, chapter 7, Idaho Code. The amount of damages resulting from the vacation of any street, avenue, alley or lane shall be determined, under such terms and conditions as may be provided by the city council. Provided further that whenever any street, avenue, alley or lane shall be vacated, the same shall revert to the owner of the adjacent real estate, one-half (1/2) on each side thereof, or as the city council deems in the best interests of the adjoining properties, but the right of way, easements and franchise rights of any lot owner or public utility shall not be impaired thereby. In cities of fifty thousand (50, 000) population or , more in which a dedicated alley has not been used as an alley for a period of fifty (50) years [such alley] shall revert to the owner of the adjacent real estate, one-half (1/2) on each side thereof, by operation of the law, but the existing rights of way, easements and franchise rights of any lot owner or public utility shall not be impaired thereby. The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, I.C. §9-350. According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of Idaho's copyright. 1 of 1 10/23/97 12:01 PM Russell Surveying, Inc. P.O.Box 945 — 702 W. Lakeside McCall, Idaho 83638 (208) 634-7607 Steve & Tracy Freelon July 21 , 1992 611 Hemlock McCall , Idaho 83638 634-2919 INVOICE Steve & Tracy, We have, completed the field survey, and are completing the Record of Survey of your Parcels in Block 26 of. the McCall First Edition. Please find attached a blueprint copy of the Record of Survey, which we will complete and file , soon. The amount owed us as per our verbal estimate is _$500. 00 and can be mailed to the above address. I wish you the best of luck in resolving the street encroachment issue, and if . I can be of, some help, let me know. I have taken the liberty of showing the positions of your main structures , the fences North of you, and the centerline of Dawson ,Street in anticipation of your applying for a vacation of same, to the centerline. Thanks for the work, Sincerel , ,John Russel L.S. 6021 P.O.Box 926 201 Lenora Street McCall, ID 83638 CITIZENS �® communications December 1, 1997 City of McCall Andy Locke P.O.Box 1065 McCall,ID 83638 RE: Vacation of Right of Way,Dawson Street Dear Mr.Locke: In response to your inquiry, this letter is to confirm that Citizens Communications is willing to vacate the proposed 20 foot section of Right of Way on Dawson Street, as indicated on the map provided by Green Studios. There are existing service drops crossing that easement providing service to the residences;those drops would remain,and access for possible future replacement may be necessary. If you have any questions,please call me at(208)634-6114. Thank you. Sincerely, ii Kerry J. Olsen OSP Engineer 6300 3/97 TO: David Kalange RE: Dawson Street Realignment Idaho Power Co. has no objections to the plan to vacate a strip on the East side of Dawson St. However, we will require the City of McCall to sign a power line easement to cover any lines existing within the said strip. Any future relocation of lines within the strip would be done at the new land owners expense. If you have any questions,please call me at 634-7920 or write to P.O. Box 904, McCall, ID 83638. Sincerely, �GL Y G l�reG�� Dj � ��'G�-��iu�•-L_ Karl L. Peck Area Team Leader STAFF REPORT- DECEMBER 2, 1997 VAC-97-1 - VACATE A PORTION OF DAWSON AVENUE- SANDIN Ft DAVIS The applicants, Robin Davis Ft Jeff Sandin, are asking the city to vacate the easterlymost 20' of Dawson Avenue, north of Hemlock St. The Commission must make a recommendation to City Council pursuant to MCC 3-21-310. The street in question divides Zone A from Zone B (B to the west, A to the east). Existing Conditions Currently, the Dawson Avenue R/W is 80' wide. The city standard for a local street is 60' wide. The actual traveled way of the street, which is gravel, is located entirely in the west half of the R/W. The center line of the R/W defines the east boundary of the street. Reason for Vacating The primary reason for the application is that a portion of the Davis house is located in the R/W, while most of the Freelon Cottage is located in the R/W. In actuality, the Davis house is setback 35 feet from the traveled way, and the Freelon Cottage is approximately 20 feet back. The structures on the west side of Dawson Avenue are conforming, with the exception of the Jackson house (12' setback). As per policy set by City Council, vacated streets go '/2 to each side, unless the property owners don't wish to accept any land (this is also noted in IC 50-311, attached). Jackson and Dyrud have signed a letter stating that they,do not wish to accept land from the R/W vacation. Therefore, the proposal to vacate only the easterlymost 20' of Dawson Avenue is appropriate. Cul-de-Sac As shown on the application, the vacation would leave an 80' turn about at the north end of Dawson Avenue. However, the fire department requires a 96' turning radius. Therefore, a turning radius of 96' should be maintained, where possible (we don't need to acquire land from adjacent properties to reach the 96' radius, as it is highly unlikely that a cul-de-sac will actually be built). Utilities The applicants have been directed to submit letters stating that there are no utilities in the R/W, and that no future installations are contemplated. Alternatively, the utility company may require an easement for access. Based on the location of the telephone/power pole (approximately in the center of R/W), it is unlikely that there are any utilities in the proposed vacation area. No water or sewer services are Located in the vacation area. Transportation Advisory Committee (TAC) The TAC took up the matter at its November 12 meeting. TAC had questions as to whether the City could condition the vacation upon the recipients paying for creation of the cul-de-sac (which we cannot), and wanted to double check utility locations and actual roadway location. The TAC tabled the matter to their December 10 meeting, there is no final recommendation. However, the PEE Commission can request that their recommendation be augmented with that of the TAC. Public Comment have fielded approximately 3 telephone inquiries into the vacation, mostly wondering where it is located. None wished to submit formal comment. The property owner at the northernmost end of Dawson Avenue, Lot 11 and the Northwestern most parcel, visited with me on November 20. He was interested in moving the turn about area approximately 45 feet to the south, allowing him to connect lot 11 with his primary property. He contacted the applicants and the status is unknown. At this point, the applicants wish to proceed as planned. Staff Recommendation The city has no need for an 80' R/W on Dawson Avenue. Further, because the properties to the east encroach on the R/W, it is logical to vacate the easterlymost 20' of the R/W as opposed to 10' from each side. Whether to shift the cul-de-sac 45' to the south is less clear. The property north of Dawson Avenue has legal access from Davis Street and therefore does not need to front on Dawson Avenue. This makes it possible to shift the cul-de-sac south and vacate the dead end. However, Sandin, who is the co-applicant, realizes no benefit from the vacation. This will also result in an odd shaped lot to the north of the new cul-de-sac area. Staff recommends that the city vacate the easterlymost 20' in front of the Freelon and Davis properties. I have no recommendation regarding where the cul-de-sac should be located. Both locations are logical and sufficient. If the cul-de-sac remains where it is proposed, the Sandin's gain the extra room for any changes to their house. If it is moved to the south, the city adds a greater amount of property to the tax rolls, and has less road to plow (though the roadway is unlikely to change). Andy Locke Pitt Administrator Z o 6 k. TRANSPORTATION ADVISORY COMMITTEE MINUTES November 12, 1997 ATTENDING: Jim Arp, Acting Chair Troy Campbell Duane Smith Ted Whiteman STAFF: Jackie Fields Bill Keating I. CALL TO ORDER The Chair called the meeting to order at 7:00 p.m. and declared a quorum present. The Chair commented that Duane Smith's presence indicated that he had accepted the appointment. Smith agreed. Arp provided some explanation for the Committee's policy of City Council appointment of members. II. MINUTES Whiteman moved to approve the minutes of the October 8, 1997. Campbell seconded. The motion was unanimously approved. III. OLD BUSINESS Review of the Bike Path Master Plan modifications The Committee discussed the Bike Path Master Plan and made some revisions. The Committee does not believe that all bike paths should be exclusively non-motorized. Smith indicated a desire to review the revisions. After this review, staff will return the Bike Path Master Plan to the Parks and Recreation Advisory Committee. Deinhard Lane discussion The lack of a bike path was discussed by the Committee. Staff indicated that grants may be pursued to construct a bike path in Deinhard Lane in the area of the relocation. Whiteman commented that he believed the curves should have been super-elevated and is concerned. Smith agreed. IV. NEW BUSINESS Dawson Street-aa6at an The Committee discussed the vacation at length. Development of the cul-de-sac, provision of snow storage and utility location was addressed. The water and sewer plans do not indicate municipal utilities in the right- of-way. Whiteman asserted that he wanted to double-check the sewer CAMy Documents\Transportation_minutes\97-11-12.doc NEW BUSINESS (continued) Dawson Street Vacation locations. Keating indicated he wanted to double-check the realized road width. The Committee requested Ted Burton provide an opinion on whether the parties receiving vacated right-of-way could be assessed for the development of the cul-de-sac. Smith moved to table the discussion until the next meeting. Campbell seconded and the vote was unanimous. Urban Renewal Road The Committee discussed the closure of the newly constructed road. Smith commented that the contractor should protect all appurtenances during the road closure. The Committee concurred. With that understanding, Smith moved to.support the road closure. Whiteman seconded and the motion was unanimously approved. The name of this newly constructed road was discussed. The road is directly aligned with Lenora and Railroad Ave also exists south of Park Street. The Committee, after some discussion, indicated they wanted to see street naming proposals with staff analysis of the impact on other street names. The Committee tabled discussion of the new road name until staff's analysis was presented. V. OTH ER Smith indicated that the Committee should be heavily involved in the Deinhard Lane Extension project. Some discussion of snowmobiles and bike paths occurred. VI. ADJOURNMENT Whiteman moved to adjourn at approximately 8:30 p.m. Campbell seconded and the motion was unanimously approved. The next meeting was set for December 10,1997. Submitted by: Attest: Jim Arp, Acting Chair Jackie DeClue, City Engineer C:\My Documents\Transportation_minutes\97-11-12.doc GT IC coni "oE arc, m ►ooul C, st�l LO - r ulz °° CJ lb bo 40. Application for Vacation of Plat, Portion Thereof or Public Right-of-Way pav d KalanvfU f itncb -g- Applicant Name date_LJ QI/q Mailing Address 133e32-S Description of Requested Vacation I Y►� ��St �,� `�]Dfl ti� l . 5 anaivl 12rxPA-eS -Thi5 WDLAA Eet6 -OP, Reason for Request �,•® � • f5 e)(C•255OPW W ' �r •' vp-, CUrI(fl.✓GC tY'P' . �•d.l� IS iNi u W5 - P-eY)(fA I n L 0 n f Ilk POPW-+� we �1dv� 1 rd sh► kse,b -Ev, hoos, 15 bolit tto h th Following: near �We"Pr �n IM a(O (AvI not ' ��G�PG� � 1. A written narrative sQULt t `a 2O S b�Gk 1� s`f y, IF -O.W . 2. A complete legal description 3. An 8 1/2 X 11 site location map of requested vacation area and adjacent properties 4. A larger scale area map (also 8 1/2 X 11) 5. Names and mailing addresses of all property owners within 300 feet of the perimeter of the entire requested vacation 6. A check for$125.00 made payable to the City of McCall Note: the applicant will be billed for the amount of publication and $1.00 for each letter of notification mailed to owners -rao Z-1 � 2b 1` c�2S�►���i o'er o ��(o�n o �n�i-� (8 2h�5 # 2�p David Kalange Architect P.O. Box 542 McCall , Idaho (208) 634-2381 83638 On behalf of property owners Robin Davis, Jeff& Sandra Sandin and Tracy Freelon, I would would like to petition the City of McCall to vacate the east 20 foot portion of the public right of way known as Dawson Avenue. Dawson Avenue currently has an 80 foot right of way from Hemlock Street north approximately 300 feet to a dead end on a privately owned property. The roadway of Dawson Avenue is a 25 to 30 foot gravel street starting near the centerline of the 80 foot right of way and extending to the west away from the properties in question. On the Freelon property a small cabin straddles the property line and sits approximately 75 % in the right of way. The Davis property currently makes use of the first 35 feet of right of way as a fenced yard with an electric power pole near the centerline of the R.O.W. The Sandin property (currently with abandoned house) also has fenced the first 35 feet of the street right of way in question. Dawson Avenue currently services only six properties with a 80 foot wide right of way, while Davis Avenue to the east with very heavy traffic has only a 50 foot R.O.W. There is also some question in regards to the location of Davis Avenue in relation to the eastern edge of the Government lot lines. The properties between Davis and Dawson seem to be missing +/- 10 feet. Thank you for your consideration. Dmmomn We the neighbors and property owners along Dawson Avenue support the need of vacating the east 20 foot portion of the public right of way known as Dawson Avenue. We understand this would leave a 60 foot right of way for the street with an 80 foot turn-about at the northern dead end and that it would continue to be owned and maintined by the City of McCall. We have studied the site plan prepared by David Kalange of Green Studio Architecture reguarding the present situation and the proposed street vacation. McCALL COMMUNITY DEVELOPMENT November 6, 1997 This notice is sent to you as an affected property owner within 300 feet of the attached application for a Partial Vacation of a Public Right-of-Way. You are invited to attend the public hearing and comment or respond in writing prior to the hearing date. If you have any questions regarding this notice, or if you wish to review the application, please contact me during regular business hours at the number below. Sincerely, �ndrewi—ocke Planning Et Zoning Administrator 216 East Park Street 0 P.O. Box 986 McCall, Idaho 83638 • (208) 634-7142 FAX (208) 634-3038 NOTICE OF PUBLIC HEARING CITY OF MCCALL PLANNING & ZONING COMNIISSION The City of McCall Planning and Zoning Commission will hold a public hearing on Tuesday, December 2, 1997 at 7:15 p.m. (or as soon thereafter as the matter may be heard) at the McCall City Hall, lower level, 216 E. Park Street,McCall, Idaho. The hearing is for the purpose of receiving testimony from interested persons regarding an application submitted by Robin Davis& Jeff and Sandra Sandin, for a partial vacation of a platted right-of-way pursuant to MCC-3-21- 310. More particularly, to vacate 20' of Dawson Avenue north of Hemlock Street. The properties with respect to which this application was made is: Beginning at the SW corner of Block of the 26, First Addition to the Village of McCall, Idaho; measure East 40 feet;thence in northerly direction 100 feet;thence more or less to point of beginning. And Beginning at the Southeast corner of Fractional Block 26,McCall's First Addition to the Village of McCall, Valley county, Idaho, thence Westerly along the South boundary line of said block, sixty(60)feet;thence at right angles Northerly One Hundred (100) feet;thence at right angles Easterly Sixty Southerly One Hundred(100) feet to the Southeast corner of said Block, the place of Beginning. And A portion of Block 26 of McCall's First Addition, according to the official plat thereof, on file and of record in the office of the Recorder, Valley County, Idaho, in Book 1 of Plats, at Page 28, more particularly described as beginning at a point on the East boundary line of Fractional Block 26, said McCall's first Addition to the Village of McCall, Valley County, Idaho, 60 feet South from the Northeast corner of said Block 26, thence Westerly and parallel with the North boundary line of said Block 26 a distance of 90 feet, more or less,to the West boundary line Southerly 80 feet;thence Easterly parallel with the North boundary line of said Block 26, 90 feet, more or less, to the East boundary line of said Block 26;thence Northerly along said East boundary line 80 feet to the point of beginning. And That part of fractional Block 26 of The First Addition to the Townsite of McCall, Valley County, Idaho, described as follows: Beginning 100 feet Northerly from the SE corner of said Block 26; thence measure 60 feet in a Northerly direction; thence West 100 feet to a point; thence South 60 feet to a point;thence East to the Point of Beginning. The application refers to the portion of Dawson Avenue North of Spruce Street. Details of the application are available for review during regular business hours at McCall City Hall, 216 E. Park Street. The public is encouraged and invited to attend the hearing and/or make written comment prior to the hearing. Written comment may be addressed to: Planning and Zoning Commission P.O. Box 986 McCall, ID 83638 Dated November 7, 1997 Andrew K. Locke Planning&Zoning Administrator Candace Anderson Judith Madden Dairymen's Creamery Assoc. P.O. Box 4338 P.O. Box 327 c/o Dairygold, Inc. McCall, Id• 83638 McCall, Id 83638 Seattle, WA 981-19 Scott and Kim Goodman Brent & Cheryl Patrick J.B. & Goldie Ogburn P.O. Box 1715 P.O. Box 168 310 S.E. 2nd Avenue McCall, Id 83638 Lakefork, Id 83635 Ontario, Or 97914 Gordon & Debra Coler Charles Eugene& Joan Garner Frank& Suzanne Bosch P.O. Box 4357 P.O. Box 1346 1130 Solitude Way (SR 30544) McCall, Id 83638 McCall, Id 83638 Fairbanks, AK 99709 Randy & Patricia Hickman Daniel Steiner Beverly Jane Dyrud P.O. Box 128& 1932 E. Three Bars Drive P.O. Box 667 McCall, Id 83638 Meridian, Id 83642 McCall, Id 83638 George & Kathleen Jackson Steve &Tracey Freelon Robin Davis P.O. Box 1144 P.O. Box 4035 305 E. Park St. Suite 183 McCall, Id 83638 McCall, Id 83638 McCall, Id 83638 Jeff& Sandra Sandin Joseph Stadler Ronald & Judy Hutt 6120 Clara Street 9700 Brookside Lane 9070 Brookside Lane Bell Gardens, Ca 90201 Boise, Id 83703 Boise, Id 83703 Michael & Mary Kiely Mark & Corinne Samson Craig & Linda Goring P.O. Box 628 27 Claymore Road #8-70-03 620 Warbass Way McCall, Id 83638 Singapore 229544 Friday Harbor, WA 98250 Kethleen.Stewart & Christine Polly Larkin Harold Loveless Haley P.O. Box 1457 2801 Crescent Rim Drive 607 Marie Court McCall, Id 83638 Boise, Id 83706 Caldwell, Id 83605 John & Dorthy Dehlin Diana Kretschmer Thomas Dennis Donald.& Gail Evans P.O. Box 152 P.O. Box 1963 P.O. Box 1304 McCall, Id 83638 McCall, Id 83638 McCall, Id 83638 Edythe Patterson Carolyn Sue Van Harpen Susan Goodwell — Pulsen P.O. Box 1295 P.O. Box 4351 P.O. Box 600 flArf`all Iri RR�'�R 11Ar(:all Ir-i RRF,RR 11MC'all Iri R�R�R I Les Ankeman, Valley County Engineer Idaho Dept. of Fish & Game Valley County Assessor's Office 58 P.O. Box 737 Cascade, 555 Deinhard Lane P.O. Box 7 ID 83611 McCall, ID 83638 Cascade, IDD 83611 Payette Lakes Water and Sewer District McCall Memorial Hospital U.S. Forest Service P.O. Box 1566 P.O. Box 906 P.O. Box 1026 McCall, ID 83638 McCall, ID 83638 McCall, ID 83638 Valley County Ambulance/McCall McCall Cemetary District SITPA P.O. Box 1227 c/o Tom Kerr 555 Deinhard Lane McCall, ID 83638 P.O. Box-853 McCall, ID 83638 McCall, ID 83638 Idaho Department of Lands McCall Rural Fire District McCall School District 555 Deinhard Lane P.O. Box 1597 P.O. Box 944 McCall, ID 83638 McCall, ID 83638 McCall, ID 83638 Leroy Meyer David Eaton - Mike-Stuart District 3 Engineer KMCL Long Valley Advocate Idaho Transportation Dept. P.O. Box 813 112 Main Street Box 8028 McCall, ID 83638 Cascade, ID 83611 Boise, ID 83707-2028 UP Re,till, ,i a., S p. T-4672 YJ I q J WARRANTY DEED ' t For Value Received Charles E. Chapman and Carol L. Chapman, husband and wife r } Hereinafter he Grantor, hereby grants, bargains, sells and conveys unto Steve Freelon and Tracy . Freelon, sband and wife, P.O. Box General Delivery, McCall, ID 83638 r� Hereinafter called the Grantee, the following described premises situated in Valley County, Idaho, s 1 '+ to-wit: t, PARCEL I: f to �3< Beginning at the SW corner of Block 26, First Addition to-the-Village of McCall; Idaho;,measure-East V7 (40 feet; thence in northerly direction 100 feet; thence in a westerly--direction-40•feet;-thence in . _—southerly direction 100 feet more or-less-to point-of-beginning.--1 PARCEL II Beginning at the Southeast corner of-Fractional-Block-2 S..McCall's First Addition io the-Village-,of j' McCall, Valley County, Idaho,thence Westerly along the Southboundary line of said block,:sixty._(B0) ' feet;-thence-at-right_angles-Northerly One Hundred (100) feet; thence at right angles Easterly Sixty (60)-feet,-more or less to the,East-boundary-lin_e of said-Block;-ttierice along the East-boundary-line Southerly One Hundred (100) feet to the Southeast corner of-said Block, the—place—of Beginning. ` " Subject to current year's taxes, irrigation district assessments, public utility easements, subdivision }dh restrictions and U.S. Patent reservations. TO HAVE AND TO HOLD, the said remises, with their a "ON P appurtenances unto the said Grantee f and to the Grantee's heirs and assigns forever. And the Grantor does hereby covenant to and with w iIRV the said Grantee, that the Grantor is the owner in fee simple of said premises;that they are free from ,, all encumbrances except as above described and that Grantor will warrant and defend the same from , k ' all lawful claims whatsoever. Sz£::. Dated: August 23, 1991 =''t r -5 ;u C' l 1 Charles E. Chapman Carol L. Chapman � ^•,- STATE OF4 S.. SRI COUNTY OFVO Q , :. g 4 1 F`s 7wi , On this day of 19�[before me, C r rl �Cf n personally appeared 4' known or identified to me to be he person(s) whose name /t='�I 1 .:: cS-4..,: , t+,•4, subscribed to the within instrument, and acknowledged to me that executed the s e. . `�- • F 'pyS ti. _i.k.. g. s� otary ublic State d ' .ISEALI RBSiding at: �r } Commission MEMO ,- r, �, .. .�'"'" ..���� �� �`a`i3 �F�%z�a�zv t{y�•s�Y,x3���', �t�'F� �� �s�,'' � '''y��'S r -` +� • .. "�` � t�n� - - i;�;. 6����.,III ,, I III i 4 M1 4 t4s; -: F9Yr • TRUSTEE'S DEED Flrst American Title Company of Idaho,Inc.,An Idaho Corporation(herein called Trustee)As succoaMr lrusleA under the Deed of Trust herelraRor parll"timly described, does hereby Bargain.Sell and Convey.wllhotA warranty. to JEFFREY A SANDIN AND SANDRA J SANDIN,0120 CUM STREET,BELL GARDENS,C.90I (tiaein called Grantee)all of the real property situated In the County of VALLEY,Stale of Idaho,described to 0201follo 0 \ SEE ATTACHED EXHIBIT A This conveyance Is made 7 L7Tn-E,a ff eY pursuant to[he powers conferred upon Trustee try Itve deaf of bust bstwuon BRENDA L rson dealing with her sots and separate property, as Guano,,its, Truntoe hvetotn, fir, JEFFREY AILNJ21WAND SANDRA J SANDIN,as benenclary,dared October 00,1992.recorded November s,1992, as Instrument No. 192053, Mortgage Records Of Valley County, Idaho, and after the RdRllnwnt of the ie sclned In said deed of trust nuthorizing thin convoynnm as follows: con(1111ons (a)Default occurred In the obligations for wldch said dood of bust was given as security raid Ile Mnxrnclary made demand upon the said buds,io sall said polxrrty pasuanl to the terns of sat(;dorsal of trust. r.- Notice of DefnuR was recorded as Instrument No.219290,Mongnge necode of VALLEY County,Idaho and In the Off of the Recorder of each other county In which live property dexdbed In amid deal of trust,or any pan ther t•ot, Is situated;the rnitse of such default buing its sot forth In said notice of derail". Such default still exlsird at Ste little mile. (b)Alter recordation of sold Notice of Default,trustee gave notice of the time and place of the sale of sold property by regiet(Oftenified mall,ratan receipt requested,by personal serAce upon the occupants of Wd real property sn(Vor by posting In A conspicuous place an sold premises And by publishing In R newspaper of goneral circulation In each of the cotxnles in which the property Is situated as more Rafy nppeAre In affidavits recorded at least 20 days pia to date of onto as Instrument No.22OS22,Instrument No.220523.Instrument No.220524.Mortgnge fincords of VALLEY ;} County,Idaho. (e) The Provisions,recitals and eomants of the Notice of Default referred to In paragraph (nJ supra grid of pve Affidavits reforrod to In paragraph(b)suprn shnli be and there are hereby Incorporated heroin and 3 Pf ama(le an of the pan hereof for All Purposes As though set forth herein Al length. (d)All requirermOnts of taw rogardng the mailing,personal service posti;rg publication and rocording of notice of default,and notice of sale and all other notices have been compiled with. (a)Not less than 120 days elapsed between the giving of notice of sale by registered or cerlllled mall and the sale of said property. 1 ff)Trustee,At lhe.lime And place of sale fixed by said noticb,At public Auction,in me poicel,struck oft to Otantoe, being the highest bidder therefor,the proPorty herein described,for the sum of$42.747.11,sut>Iad hownver 10 NI prior Irons and encumbrances. No person of corporation offered 10 take any Pan of mid propertyless than the whole thereof for the amount of principal.Interest,Advances and costs. ' IN WITNESS WIIEREOF,The Trustee,pursuant to a resolution dice Board of Diredors has caused he cotpofale u hems to be hereunto subeaibod by Its Assistnnt%Ace President,INA 14T11 day of NOVEMBER.1990. r FIRST AMERICAN TITLE COMPANY OF IDAHO,INC.,Trustee B� M Colo Asst. !b Resident STATE OF IDAHO ) COUNTY OF ADA On this 14TIf day of NOVEMBER. INN.before me,a Notary Pudic In mid for said Star*.puteorall Moline Cole.known to me to be the Assistant Vice Resident of the con y API»Nhe Person who executed ate Instrument on behalf of said cot porntlan edg ex 10 me that such cent i the executed the Barre, corporation,and ecknowlaclgrxl to rib that much oorpontlon IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day And yam In this cenl0cato first above written. Notary Pubik fa State`Idaho �rt....n.tr.. neeld rig at A Ll,r'10. .• P,eon , Commission expires: ?rum O�AR Y 41 m co N 4t PUbb 47 c '•.,T�1TB 04 First American Title Company o1*jdaho �... .. ..cur �. . . - .. .... ..... ,, _ . I pp l� t I :k 's.11�1WW lI:JU 'L1'LUtlliJ9.1lUu lst AIILKr CAN Ldj UU•L Y EXHIBIT"A" LEGAL DESCRIPTION: A-portion of Block 26 of MCCaII's First Addition„according la the official plat thereof,on Mlle and of record in-the office-of the Recorder,Valley County,Idaho,in Book 1 of Plals, 1 at-Page-20,more particularly described as follows. Beginning at a point on the Fast boundary line of Fractional Block 26,said McCall's First Addition to the Village of McCall,Valley County, Idaho.60 feel South from the Nonheasl corner of said Block 26,tlwmce Westerly and parallel with the North boundary line of acrid Block 26 a distance of 90 feel,more or less,to the West boundary line of sa B id lock 26 and Dawson Avenue;thence along the West boundary line Southerly 80 feet; thence-Easterly parallel_with.tho North boundary line of said Block 26,90 feel,more or less,to the.East boundary line of said Block 26;thence-Northerly along said East boundary lino 80 feel to the point of beginning. L" Vl ril ! 3 m eC CI rrJ rV C" r9 -- ' I rn 1j cn s MI U,/ /1997 16:32 20863,14405 FIRST AMEFICAt4 TITLE PAGE 09 r, 1276 CORPORATION WARRANTY DEED For Value Received Commericial Credit Corporation, a Maryland Corporation a corporation duly organized an ader the laws of the State of Maryland, grantor, does hereby Grant, Bargain, Sell and Convey unto obla Dar , an unmarried person, whose address is 305 E. Park St, Suite 183, McCall, M 83638, grantee, the o escribed real estate, situated in Valley County, Idaho, to-wit: 'That'part-of-fractional'-Block-2-6-of-The-First-Addltlon to the Townslte of-McCall,-Valley-County,-Idaho -- Qcscribed as follows. Beginning 100 feet.Northerly from the SE corner.or-sold Block 26;-thence measure-60"feet In-a Northerly-diFoctlon;_thence-West-100 feet"to-a-polnt;-thence-Soutb 60 feet to-a-point,-thence ist to-the Point of'Beglnnlyd-.--,_ ` Subject to current year's taxes, irrigation district assessments, public utility easements, subdivision restrictions and U.S. Patent reservations. TO HAVE AND TO HOLD, the said premises, with their appurtenances unto the said Grantee and to the Grantee's heirs and assigns forever. And the Grantor does hereby covenant to and with the said Grantee, that the ' Grantor is the owner in fee simple of said premises; that they are free from all encumbraoces except as above ;{ described and that Grantor will warrant and defend the same from all lawful claims whatsoever. IN WITNESS WHEREOF, The Grantor, pursuant to a resolution of its Board of Directors has caused its corporate name to he hereunto subscribed by its Vice•Presideat. °TI n� ... Dated: August 6, 1997 fA Commcri redit C capon, a Maryland Corporation T' M G, . BY• •. .`c• � v r� Ric and Harrel, Vice President Z --I W c• �� W .:j„ -iO�STATEOF W .r COUNTY OF On this ! day of�Ata_q.t1 , in the year 19 97 before me C�m`I�t �• L1 , a Notary Public personally appeared Richard Ilartel known or identified to me to be the Vice-President corporation that executed this instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. c'{ L�J Notary Public State of I t� nk ;(SE.3L) Residing at:seta F. St ,t e 3 vd Fr V._LUywa Comm. Expires: yy : } David Kalange , Architect P.O. Box 542 McCall , Idaho (208) 63 -2381 83638 Property owners within 300' of R. Davis, J. Sandin & T. Freelon properties. Candace Anderson Box 4338 McCall, ID 83638 Judith Madden Box 327 McCall, ID 83638 Dairymen's Creamery Assoc c/o Dairygold, Inc. Box 79007 Seattle, WA. 98119 Scott & Kim Goodman Box 1715 McCall, ID 83638 Brent & Cheryl Patrick *check deseased? Box 168 Lakefork, ID 83635 J.B. & Goldie Ogburn 310 S.E. 2nd Ave Ontario, OR 97914 Gordon & Debra Coler Box 4357 McCall, ID 83638 Charles Eugene & Joan Garner Box 1346 McCall, ID 83638 Frank & Suzanne Bosch 1130 Solitude Way (SR 30544) Ski Boot Hill Rd. Fairbanks, AK 99709 Randy & Patricia Hickman Box 1286 McCall, ID 83638 s Daniel Steiner 1932 E. Three Bars Drive Meridian, ID 83642 Beverly Jane Dyrud Box 667, McCall, ID 83638 George & Kathleen Jackson Box 1144 McCall, ID 83638 Steve & Tracey Freelon Box 4035 McCall, ID 83638 Robin Davis -BON3v� E. PAr�, _-eeb .3uh, lb-5 cpro �5 1A oPVeSbav McCall ID 83638 ` IJ Jeff & Sandra Sandin 6120 Clara Street Bell Gardens, CA 90201 Joseph Stadler 9700 Brookside Lane Boise, ID 83703 Ronald & Judy Hutt 9070 Brookside Boise, Id 83703 Michael & Mary Kiely Box 628 McCall, ID 83638 Mark & Corinne Samson 27 Claymore Rd #8-07-03 Singapore 229544 Craig & Linda Goring 620.Warbass Way Friday Harbor, WA 98250 Polly Larkin Box 1457 McCall, ID 83638 w � 4 Harold Loveless 2801 Crescent Rim Drive Boise, ID 83706 Kathleen Stewart & Christine Haley 607 Marie Court Caldwell, ID 83605 John & Dorthy Dehlin Box 152 McCall, ID 83638 Diana Kretschmer Thomas Box 1963 McCall, ID 83638 Dennis Donald & Gail Evans Box 1304 McCall, ID 83638 Edythe Patterson Box 1295 McCall, ID 83638 Carolyn Sue Van Harpen Box 4351 McCall, ID 83638 Susan Goodell- Poulsen Box 600 McCall, ID 83638