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HomeMy Public PortalAboutResolution 03-19 Davis Beach DocksRESOLUTION NO. 03-19 A RESOLUTION OF THE CITY OF McCALL, IDAHO RELATING TO PRIVATE DOCKS AT DAVIS BEACH, ESTABLISHING TERMS OF USE, TRANSFERABILITY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the McCall City Council adopted Resolution No. 6-85 to govern the use, operation and maintenance of the privately-owned North Dock and South Dock on the Davis Beach property owned by the City; and WHEREAS, the Davis Beach Homeowner's Association has requested permission to improve and enlarge the North Dock; and WHEREAS, both the North Dock and the South Dock are open for public use; and WHEREAS, the general public will benefit from the improvement of the North Dock; and WHEREAS, it is appropriate to amend and restate Resolution No. 6-85. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of McCall, Valley County, Idaho, as follows: Section 1: The City of McCall recognizes the grandfather rights attached to the two existing privately owned docks on the Davis Beach property owned by the City. Section 2: The right to use, operate and maintain such docks attach only to the following described real property: North Dock: Lots 3, 4 and 5, Block 1; and Lots 3, 4, 5 and 6 of Block 2, all in Davis Beach Tracts, according to the official plat thereof on file and of record in the office of the Recorder of Valley County, Idaho. South Dock: The South Half of Lot 1, Block 2; Lots 1, 2, 4 and 9 of Block 6; Lot 1 of Block 7; and Lot 4 of Block 10, all in Davis Beach Tracts, according to the official plat thereof on file and of record in the office of the Recorder of Valley County, Idaho. Section 3: Such docks may be moved within Davis Beach at City expense if required for City purposes and that the moving thereof shall not extinguish grandfather rights as attached to such docks or alter the rights recognized by this Resolution. Section 4: The owners of said real property shall furnish to the City annually, evidence of no less that $100,000.00 liability insurance coverage for each of such docks. Section 5: Such docks shall be open for public use, save and except that only the owners of the real property above described shall have the right to moor boats at such docks. Resolution 03-19 Page 1 of 2 Adopted October 16, 2003 Section 6: Transfer of the foregoing dock rights is prohibited except as follows: For each such dock, separately, dock rights may be only transferred from a lot to the remaining lots above described. Once dock rights have been transferred, dock rights to the specific lot from which such rights were transferred are forever extinguished and shall not be revived. However, in the event of the transfer of ownership of property listed above, dock rights attached to such property being transferred shall vest in the new owner. Section 7: Resolution No. 6-85 is hereby repealed in its entirety. Section 8: A copy of this Resolution shall be certified by the City Clerk and placed of record in the office of the Recorder of Valley County, Idaho. Section 9: This resolution is effective upon its passage. Passed and approved this 16th day of October, 2003. Mayor F!nmnze D/rector/City Resolution 03-19 Page 2 of 2 Adopted October 16, 2003 PUBLIC COMMENT Mayor Colton called for public comment. No public comment was received. CONSENT AGENDA Mayor Colton moved to approve the Consent Agenda and authorize the Mayor or the City Manager to sign all necessary documents. Council Member Eimers seconded the motion. In a roll call vote, Mayor Colton, Council Member Muller, and Council Member Eimers voted aye. The motion carried. BUSINESS AB 03-156 Resolution No. 03-19 Davis Beach Docks Lindley reviewed information provided to the Council Members on Agenda Bill AB 03- 156. This is a restatement and amendment of the original Resolution 6-85 and adds Lot 3 Block 1 to the North Dock. The City is involved because the access is over City property and the docks are open for the public to walk on, but not to use for mooring. In 1985, the Council adopted Resolution 06-85. It recognized the right for the existing privately owned docks to remain on the City owned beach, established which lots have 'dock rights', set standards for transferring those dock rights, required that the docks be open to the public, and required that insurance be provided. Seven lots were given the right to use the South Dock and six lots were given the right to use the North Dock. The process has worked out well. A couple of years ago, the lot owners replaced the South Dock with a new and much nicer dock. They would now like to .add another lot to the North Dock and replace it with a new dock that matches the South Dock. Both docks would be identical in size, with a 'tee' on the end. The replacement will occur immediately if approved by Council. Mayor Colton moved to adopt resolution 03-19. Council Member Muller seconded the motion. In a roll call vote, Mayor Colton, Council Member Muller, and Council Member Eimers voted aye. The motion carried. AB 03-157 Impact Area Agreement Lindley reviewed information provided to the Council Members on Agenda Bill AB 03- 157. The Valley County Commissioners have responded to the City's request for an Impact Area proposal that would be suitable to the Commissioners. Two draft ordinances were submitted to the City Council. One proposal would create a separate Page 2 of 4 , 2003 City Council Minutes RESOLUTION NO. 03-19 A RESOLUTION OF THE CITY OF McCALL, IDAHO RELATING TO PRIVATE DOCKS AT DAVIS BEACH, ESTABLISHING TERMS OF USE, TRANSFERABILITY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the McCall City Council adopted Resolution No. 6-85 to govern the use, operation and maintenance of the privately -owned North Dock and South Dock on the Davis Beach property owned by the City; and WHEREAS, the Davis Beach Homeowner's Association has requested permission to improve and enlarge the North Dock; and WHEREAS, both the North Dock and the South Dock are open for public use; and WHEREAS, the general public will benefit from the improvement of the North Dock; and WHEREAS, it is appropriate to amend and restate Resolution No. 6-85. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of McCall, Valley County, Idaho, as follows: Section 1: The City of McCall recognizes the grandfather rights attached to the two existing privately owned docks on the Davis Beach property owned by the City. Section 2: The right to use, operate and maintain such docks attach only to the following described real property: North Dock: Lots 3, 4 and 5, Block 1; and Lots 3, 4, 5 and 6 of Block 2, all in Davis Beach Tracts, according to the official plat thereof on file and of record in the office of the Recorder of Valley County, Idaho. South Dock: The South Half of Lot 1, Block 2; Lots 1, 2, 4 and 9 of Block 6; Lot 1 of Block 7; and Lot 4 of Block 10, all in Davis Beach Tracts, according to the official plat thereof on file and of record in the office of the Recorder of Valley County, Idaho. Section 3: Such docks may be moved within Davis Beach at City expense if required for City purposes and that the moving thereof shall not extinguish grandfather rights as attached to such docks or alter the rights recognized by this Resolution. Section 4: The owners of said real property shall furnish to the City annually, evidence of no less that $100,000.00 liability insurance coverage for each of such docks. Section 5: Such docks shall be open for public use, save and except that only the owners of the real property above described shall have the right to moor boats at such docks. Page 1 of 2 Resolution 03-19 Adopted October 16, 2003 ATTEST: f r Section 6: Transfer of the foregoing dock rights is prohibited except as follows: For each such dock, separately, dock rights may be only transferred from a lot to the remaining lots above described. Once dock rights have been transferred, dock rights to the specific lot from which such rights were transferred are forever extinguished and shall not be revived. However, in the event of the transfer of ownership of property listed above, dock rights attached to such property being transferred shall vest in the new owner. Section 7: Resolution No. 6-85 is hereby repealed in its entirety. Section 8: A copy of this Resolution shall be certified by the City Clerk and placed of record in the office of the Recorder of Valley County, Idaho. Section 9: This resolution is effective upon its passage. Passed and approved this 16th day of October, 2003. Ra ph C lton k Mayor Page 2 of 2 Resolution 03-19 Adopted October 16, 2003 03-(9 22 September 2003 Members of the City Council City of McCall McCall, Idaho 83638 _RE: _ Ownership ofDavis Beach North Dock Dear Council Members: RECEIVED SEP 2 2 2003 COMMUN�ITYODEEVELOPMENT In accordance with the verbal approval of the six present owners and members of Davis Beach North Dock Association, McCall, Idaho, such owners declare their intent to add a 1/7 interest in Davis Beach North Dock to a person of the owners' unanimous choosing. Such person shall be a property owner of a Lot in the Davis Beach Tracts, according to the official plat on file and of record at the Office of the Valley County Recorder, Cascade, Idaho. Sincerely, Shell Fulcher K ontz Treasurer Davis Beach North Dock Association RESOLUTION -NO A RESOLUTION REUARD NG DOCKS ON :PAYb'i'lt LAKE ATTACHED TO DAVIS BEACH .AND OTHER CITY -OWNED OR CONTROLLED PROPERTY. Bar. TT RESOLVED AS FOLLOWS: A. DAVIS .BPIACH ��DOCKS . r. 1. The City of McCall recognizes the grandfather right:s4 attached to the two existing privately owned docks on the Davis Beach property owned by the City. 2. That the right to .use, operate, docks at�aCfi on� IYo to -wit: North Dock: C and of ock 2 . all cording to the o icial record ii. the office of County, Idaho. and maintainsuch e owing escr eel._dal property, is Oand d) Block 1, and Lots. i, in Davis Reach Tracts, ac- plat thereof on file and of the Recorder of Valley South Dock: The South Half of Lot 1, Block 2, Lots 1, 2, 4 and 9 of Block 6; Lot 1 of Block 7 and Lot 4 of Block .10, .all in Davis Beach Tracts., according .to the official plat thereof on file and of record in the office of the Recorder of Valley County, Idaho. 3. That such docks may be _moved within Davis Beach at City expense if required for City purposes and that the moving thereof shall not .extinguish grandfather rightsas attached to such docks or alter the .rights recognized by this Resolution 4. That the owners of said real property shall furnish to the City annually, evidence of no less that $100,000.00 liability ..ins_urance _ coverage_ f Qr_ .e h.. of such docks. 5. That ttmice shall be .ripen .for public use, save and except that only the owners of the real property above de- scribed shall have the right to moor boats at such docks. 6. Transfer of the foregoing dock rights is prohibited except as follows: For each such dock, separately, dock rights may be only transferred from a lot to the remaining lots.above clgFribe.d. Once dock Ficq s a aferred, dock ri.n tfrs to -the speci is _lot from which. such..ri7hts were transferred are forever extinghished.and shall not be revived. However, in the event of the transfer of ownership of property listed above, dock rights, attachedto such property being transferred shallvest in .the new owner. B. OTHER CITY OWNED CONTROLLED PROPERTY. 1. No private docks shall be attached to City -owned or controlled property save and except the Davis Beach 'docks above specified. C . _AD.OPTION AND RECORDAMON 1. That a copy of this. Resolution .shall_ be certifie.d.. by ' ezre �- `k- Ana rerdW f'" reco:rcl n the office of the Recorderof valley County, Idaho. Passed .and ._approved. this 4 th day of November, 1985. Attest: 4:71 C City Cle.r. 14 r ayor _Auguat_12, 1983 ' Howard. Thompsonl In accordance mith_the verbel_approval of the -five present dock owners of dock_situated mear_Davis Bench, McCall, „Idaho, a 1/6 interest is now to be in the name of, Clarence Kinzler. The OVaLeTS nowstand in the name of and dock assigned number as illustrated : Robert _Mangum, C . L . Balding, Q. E. Howard, Sr., Martin Fulcher, Howard Thompson and Clarence Kinzl Pr. _Robert Mangum (1) Marvin_Fulcher (2) Clarence_1(inzler (3) Sincerely, (4) C..I,..BaldIng (5) Q. E. acmard, Sr- (6) Howard__Thompsan September 9, 1975 Dear Tommy: Now that the docks have been installed and paid for, I feel that each owner should have some proof of ownership. Encroachment Permit Bo. L-65-S-126 to con- struct and maintain such dock in Lot 1, Block 1, Davis Beach Subdivision, Sec. 4, T 19N, R3E has been granted. The dock is a joint ownership standing in the names of Mr. & Mrs. Robert J. Mangum., one fifth interest; Quentin E. Howard, one -fifth interest; E. Marvin Fulcher, one -fifth interest; Howard D. Thompson, one -fifth interest; and C. L. Balding, one -fifth interest. Sincerely C. L. Balding 4952 Sunderlan rive Boise, Idaho 83704 Mr. Howard Thompson 2507 Sunnyridge Rd. Nampa, Idaho 83651 December 12, 1985 Dear Tommy, Enclosed find a copy of Resolution and Council Minutes _....__._rregard g- owne-rsh p-. grand -father - r-ights-,and agreement with the City of McCall regarding our jointly owned dock. r The resolution is self explanatory and has been recorded with Valley County. As you know, our grandfather rights were denied in 1984. After a number of meetings with the city council, city attorney and head of the Department of Waterways and .Lands, I was able to have that decision reversed. I obtained affidavits from Iola Ennor, Dr. Robert Mangum, Wayne Peterson, Marvin Peterson and Stanley Rhees as to the date of the placement of the original dock. These I filed with the Department of Lands and they are a part of the file pertaining to our dock. I feel that we obtained the best arrangement possible with the city and once and for all we know the rules and benefits of our ownership. I will need a letter from your insurance agent to comply with the liability clause in our agreement. Please forward this to me as soon as possible in order to put this matter to rest. I did incur expenses regarding the above matter of approximately $50.00. This includes long-distance telephone calls, postage and gasoline for six committee meetin- -nd council meetings. I'f you would just reimburse me as 1/6 of this amount, I would appreciate it. y v Hoping this resolution and order is satisfactory for all o.f� us, I remain, C.LB:bkb Sincerely, C. L. Baldin 4952 Sunderland Drive Boise, Idaho 83704 I i and Stevens voted AYE. Motion carried. i DOCK RECOMD•1ENDATIONS: Councilman Lutes moved to adopt Resolution N6-85. Seconded by Stevens. :.Craig, Johnson, Lutes and Stevens''voted•AYE. Motion carried. RESOLUTION NO. 6-85 i' A RESOLUTION REGARDING DOCKS ON PAYETTE LAKE ATTACHED TO DAVIS ":BEACH AND OTHER CITY -OWNED OR CONTROLLED PROPERTY. BE IT RESOLVED AS FOLDOWS: A. DAVIS BEACH DOCKS 1. The City of McCall recognizes the grandfather rights attached to .the tow existing -privately owned•-dooks—on•�tito—.Davie,.Beaeh9aroyerty+------- owned by the City: 2. That the right to, use, operate, and maintain such docks attach only to the following described real property, to -wit: North Dock: Lots 4 and 5, Block 1, and. Lots 3, 4, 5.and 6 of Block 2, all in Davis Beach Tracts, according to the..official plat thereof on file and of record in the office of the Recorded of Valley County, Idaho. South Dock: The.South Half of Lot 1, Block 2, Lots 1, 2, 4 and 9 of Block 6; Lot 1 of Block 7 and Lot 4 of Block 10, all in Davis Beach Tracts, according to the official plat thereof on file and of record in the office of the Recorded of Valley County, Idaho. 3. That such docks may be moved within Davis Beach atCity expense if required for City pu"rpeses and that the moving thereof • shall not extinguish gramdfather rights as attached to such docks or alter the rights recognized by this Resolution. 4,. .That the owners of said. real property shall' furnish -to .the City annually, evidence of no less than $100,000.00 liability insurance coverage for each of s.uch.docks. -.- 5. That such docks shall be open .for public use, save and except that only the owners of the real property above described shall have the right to moor boats at such. docks. 6. Transfer of the foregoing dock rights is prohibited except as follows: For each such dock, separately, dock rights may be only transferred from a lotto the remaining lots above described. Once dock.rights have been transferred, dock rights to the specific lot • from which such rights were transferred are forever extinguished and :shall_...got be revived. However,* in the event of the transfer of ownership property listed above, dock rights attached to such property being transferred shall vest in the new owner. B. OTHER CITY OWNED" CONTROLLED PROPERTY 1. No private docks shall be attached to City -owned or controlled 'property save and except the Davis Beach docks above specified. C.•• ADOPTION AND RECORDATION 1. That a copy of this Resolution shall be certified by the City Clerk and placed of record in the office.o.f the Recorder.of _w.. YA11ey f:ounrm.,._Zdaho Passed and approved this 4th day of November, 1985. /s/ Mayor McCALL ..Er� August 29, 1995 Dear Dock Owner; CITY of:MCCALL It has cometo the attention of the City Council that the docks at Davis Beach are in need of repair. This.letter serves to remind -you that ..as .a -property owner you -are responsible for.all such.maintenance. I have enclosed a copy of Resolution 6-85 in the case that property ownership has transferred, or you have misplaced your copy. Note item 4 which states that the owners shall provide the City with evidence of liability insurance coverage: Please provide a copy of such as soon as possible. If you have any questions, please feelfree..to call me. Sincerely, Gary-Shimun, City Manager 21.6..E.aat Park Street • P.O. Box 1063 • McCall, Idaho. 83638 • (208) 634-7142 • FAX (208) 634-3.0.38 RESOLUTION N A RESOLUTION. REGARDING DOCKS ON PAYETTE LAKE ATTACHED TO DAVIS BEACH AND OTHER CITY -OWNED OR CONTROLLED PROPERTY. BE IT RESOLVED AS FOLLOWS: A. DAVIS BEACH DOCKS 1. The'City of McCall recognizes the grandfather rights attached to the two existing privately owned docks on the. Davis Beach property owned by the City. . ` the—r ght--tc- -rise c t°e , such docks attach only to thefollowing i described real property, to -wit: Nor th.Dock: Lots 4 and._ 5 and 6, of Block 2, all cording to the official record i.i: the office of County, .Idaho. _5, Block 1, and Ints 3, 4, .in Davis Beach Tracts, ac- plat thereof on file and. of the Recorder of Valley South Dock: The South Half of Lot 1, Block 2, Lots. 1, 2, 4 and 9 of Block 6;.Lot 1 of Block 7 and Lot 4 of Block 10, all in Davis Beach Tracts, according to the official plat thereof on file and of record in the office of the Recorder. of Valley County, Idaho. 3. That such docks may be moved within Davis Beach at City expenseif required for.City purposes and that the moving thereof shall n.o.tex.tingui.sh. grand.f.a_thes_....rights .as attached to such docks or alter the rights recognized by this Resolution. 4. That the owners of said real property shall furnish . to the Ci a... lually eykagage _ .o . off? esa_tI 4t.ZO . 0 �.___..._. _Liability insurance coverage for each of such.__docks._.. 5. That such docks shall be open for public use, save and except that only the owners of the real property above de- scribed shall have the right to .moor boatsat such docks. 6. Transfer of the foregoing dock rights is prohibited except as. follows: For each such dock, separately, dock rights. may be only transferred from a.lot to the remaining lots .above described. Once dock rights_have been transferred, dock rights to the specific lot from which such .rights were transferred rare. forever extinghished and shall not be revived, However, in the event of the transfer of ownership of property listed, above, dock rights attached to such property being transferr_e.d. shall vest inthe new owner. B. OTHER CITY OWNED CONTROLLED PROPERTY 1. No private docks shall be attached to. City -owned or controlled property save and except the Davis Beach docks above specified. C. ADOPTION AND RECORDATION 1. That a copy of this .,Resolution ..shall be certified by _.he. City —Clerk and pl-aeed--at�re:eor-d—ie- the ofgiee--of--the- Recorder of valley County, Idaho. Passed and approved this 4th .day of November, 1985. �' Mayor . ..t • • • 1.Lvf • •:••• ' • • . • , .1 • .•••• • .1% . r • M al .10 ta• e • L. G.. am rfaiErpP t A:40es e:,y,cx ••••rt, M InAh tx• INYTIAiS C ekr4. mo,... 1- DiA"". •,• i• • . -1Fcrn7'3'-r. • • : • -r RE E.-re . - • aqx.1- y 'I. . 0 .. fti.iAti Nam.;I- It' r11.• • tti et (..4. . • . • , . .•0 • • •;1...3-.: • 4 : • % 3 6'• " • . . . . • ..1 . i • . . ait5..... • • *.r.10'\ Ar 'I I • ... • ...o.... ..IN .• pfseALL • .. .--, 47.,r :41 si, is -7 I ''‘• t., ry aal fi K 411.2.A. • D�Ei/6- PhaF.-mt ' . P2r/K • 4.1 • r • "Firdelf.41.4tE. . ••• ••°) • . •••••••• • , .. :-.... I 1 I . Nik:",...:7:: . • • .., %;11.rj.44 ....rCial: 40"..14. T4,71.1..1.6... 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''''214. . 117 . .56 .% • E10%,,,T., 16' ""' .44 f I j. 1 I, • •• • i N . . ••••• • .1 '" • Lo-r r7.(r I Z.6' v5t3 . . • "- ._. .0 • _ c,;; ari • `r) . - it; curt" K • • • • IZIS' • •••• •••••• M faZga • , , • • I r iCT i a1- . . • ! • I -5 9 3086 Water Pollution Control Federation 3087 Woodsman 3088 State Department of Transportation 3089 Doubleday and Company 3090 Boyd Martin Turf Attest: _118_6k_ Michelle Basye, Actin g9 City Clerk NOVEMB.ER 4, 1985 40.00 620.54 2.00 71.19 281.11 Clyde °L: Archer, Jr. Mayor The McCall City Council held a regular City Council meeting on November 4, 1985 at 7:30 P.M. Mayor Archer presiding. Council members present were. Marion Johnson, Larry Craig, Cliff Lutes and Aloa Stevens. 41 so present were City Administrator/Clerk, Bud Schmidt, Treasurer, Michelle Basye, and City Attorney, Robert Remaklus. APPROVAL OF CITY COUNCIL MINUTES: After inserting in paragraph #13 on page two the words "are discussed", Mayor,.xArcher approved the .minutes as submitted for the_Rugular City Council Meeting on October 21, 1985. BILLS AND PAYROLL-OCTOBER 1985: Councilman Craig moved to approve the bills as submitted for. payment except for Kangas' until we get reimbursement or until we get it clarified. Seconded by Stevens. Craig, Johnson, Lutes and Stevens voted Aye. Motion carried. SEWER HOOKUPS: Laura Lee Trees, a property owner of Lick Creek Road, addressed a letter from the City regarding a $750.00 sewer and capital improvement hook-up fee. She 'felt she did not owe this charge because she had been paying her current water and also paid her sewer bill up until April 1984. and there was no evidence to prove the hoojcup fee had not been paid. Joyce Goodman, manager of Treasure Valley Bank, also had a letter from the City addressed to Hal Sager charging him a $750.00 hookup fee. The bank is now the owner of the Sager property. The property involved was currently paying for both water and sewer, but there again no evidence showing a hookup fee had been paid. The consensus of the Council was to require the two cases to pay a $25.00 hookup fee which was the hookup fee which was the hookup charge at the time the residences should have been hooked up. Councilwoman Stevens moved that these two people not be required to pay the sewer hookup fee of $150.00 and the Capital Improvement fee of $600.00 because they went in before the increase in fee, so they should -not have to pay that. Seconded by Craig. Craig, Johnson and Stevens voted Aye. Lutes voted No. Motion carrik#d. ROOF DRAIN ORDINANCE: The roof drain ordinance was discussed and City Attorney, Robert Remaklus, said the City has the authority as to what ones intn the cawar cvc+am M. L0 is $29,205.15 and all work has been completed in accordance .with the work directive. This isgrant eligible. Change Order #3 was presented for the change from the FAA specifications on the asphalt to the State Highway specification for the areas frequented only by general aviation aircraft, namely the tie down area jet ramps, FBOarea and the helicopter pad. In return for substituting State Highway specifications which is grant eligible, the contractor offered us a dollar per ton discount. The Change Order amounts to a decrease of $3,739.77. ChangerOrder #4 is to approve the extensionof time in the contract which was approved by a motion at the Regular City Countil Meeting October 21, 1985. Councilman Craig moved to. approve Change Orders #2, 3:.and 4 as submitted by Ralph Kangas. Seconded by Stevens. Craig, Johnson, Lutes and Stevens voted AYE. Motion carried. Mr. Kangas also presented periodic pay estimate,#2 for the period of August 25,-1985-Oct.ober.25,:1985...The total amount:earned innthe original contract is $.464,6:09..25. The total of all Change Orders is $60,16.1.22for a total earned.to date of $524.,770..46.. He also .recommended no retainag'e be withheld for those ..:completed :portions��because we dd have use of those portions. The net .amount due is $524,.770..46 .lessthe previous-.payment,leaving a balance due the.. contractor t.o date :$365,763..95. �.. ' Councilman Craig moved to :.approve periodic p.ay . estimate ,#2 for payment upon receipt of :the:,FAA .reimbursement. : Seconded by Johnson. Craig, .Johnson, Lutes and Stevens Voted AYE.. -Motion carried. MayorArcher questinned the progress of the Non -Directional Beacon. Mr. ,Kangas stated..the,Istate l ad.not madexup:, their mind yet°:as to the railroad right of way and the 40.acreas by Cruizen. Mr. Kangas has been directed by the Mayor to draft a letter to the State Department of Land clarifying if in fact they do own that property and if so can the City have a perpetual lease. DEANNEXATION OF CITY PROPERTY City Attorney, Robert Remaklus, stated the City does in fact have the authority to deannex the land in question by an ordinance. George Klind, an owner of 30 acres of the 600 acres in question, spoke in regards to the deannexation. He felt the majority of the property owners want to see this property stay within the City limits. He questioned the loss in property value if deannexed. The City Council instructed the City Clerk to contact the property owners and get their feelings on this issue. CITY AUCTION: The City Council was informed of the City's intention on having an auction of surplus merchandise. Mayor Archer directed the City Administrator to proceed with the administration of the auction including the bicycles and other property that is appropriate. APPOINTMENT OF THE CITY ADMINISTRATOR/CLERK: Mayor Archer formally appointed Arthur J. Schmidt as City Administrator/Clerk with the understanding that his performance be evaluated at the end of a six month period and the results be presented to him. He asked the council to confirm the_ appointment. Councilman Craig moved to confirm the Mayor's appointment of the new City Administrator/Clerk, Bud Schmidt. Seconded by Johnson. Craig, Johnson,nutes and Stevens voted AYE. Motion carried. SUMMER YOUTH PROGRAM: The Council addressed the issue of getting a Summer Youth Project going. The question as to who files for this project, the Chamber of the City was brought 11 and Stevens voted AYE. Motion carried. DOCK RECOMMENDATIONS: Councilman Lutes moved to adopt Resolution #6-85. Seconded by Stevens. Craig, Johnson, Lutes and Stevens voted AYE. Motion carried. . . RESOLUTION NO. 6-85 A RESOLUTION REGARDING DOCKS ON PAYETTE LAKE ATTACHED TO DAVIS `-BEACH AND OTHER CITY -OWNED OR CONTROLLED PROPERTY. BE IT RESOLVED AS FOLDOWS: A. DAVIS BEACH DOCKS 1. The City of McCall recognizes the grandfather r3.ghts attached to the tow existing privately owned docks on the Davis Beach property owned by the City. 2. That the right to use, operate, and maintain such docks attach only to the following described real property, to -wit: North Dock: Lots 4 and 5, Block 1, and•.Lots 3, 4, 5 and 6 of Block 2, all in Davis Beach Tracts, according to the official plat thereof on file and of record in the office of the Recorded of Valley County, Idaho. South Dock: The South Half of Lot 1,. Block 2, Lots 1, 2, 4 and 9 of Block 6; Lot 1 of Block 7 and Lot 4 of Block 10, all in Davis leach Tracts., according to the official plat thereof on file and of record in theoffice of the Recorded•of Valley County, Idaho. 3. That such docks may be moved within Davis Beach as City expense if required for City puposes..and that the moving thereof shall not extinguish grandfather rights as attached to such docks or alter the rights recognized by this Resolution. 4. That the owners of said real property shall furnish to the City annually, evidence of no less than $100,000.00 liability insurance coverage for each of such docks. 5. That such docks shall be open for public use,.save and except that only the owners of the.real.property above described shall have the right to moor boats at such docks. 6. Transfer of the foregoing dock rights is.prohibited except as follows: For each such dock, separately, dock•rights maybe only • transferred from a lot. to the remaining lots above described. Once dock rights have been transferred, dock rights to the specific lot from which such rights were transferred are forever extinguished and shall_not be revived. However, in the.event of the transfer of ownership of property listed above, dock rights attached to such property beigg transferred shall vest in the new owner. - - B -OTHER - C IT-Y-OWNED- CONTROLLED PROPERTY 1. No private docks shall be attached to City -owned or controlled property save and except the Davis Beach docks above specified. C.-. ADOPTION AND RECORDATION 1. That a copy of this Resolution shall be certified by the 280 • October 1, 1985, and thate we eliminatethe position of the Police Dispatcher of McCall commencing at the same time that we turn the dispatching over to Valley County. Seconded by Johnson. Craig, Johnson and Lutes voted AYE. Motion carried. Councilman Craig moved to adjourn the meeting at 11:25 P.-M.. Seconded by Johnson. Craig, Johnson, and Lutes voted AYE. Motion carried. Clyde L. Archer, UJr. Mayor Attest: Caren Beckler, City Clerk AUG,UST 5, 1985 The McCall City Council held a regular City Council meeting on August 5, 1985 • at 7:30 P.M. Mayor Archer presiding. Couneilmembers present wem Craig; Johnson and Lutes. Also present wer Administrator Jim Smith, City Clerk Caren Beckler and Attorn:ey77Bob Remaklus . • L• El lER FROM AL VEERS: Al Feers questioned the placement of the Pine Street Interceptor pressure line. He would like to be able to build a retaining wall in the event he cannot wait for_the,railroad to give.the City it's old right .of way. Councilwoman::: Johnson moved that the letter from Mr. Feers.be put on file for for accusistion of railroad prpperty and referred to Planning and Zoning. Seconded by Craig.... Craig,.IIohnson,;and Lutes voted AYE:.: Motion carried. RALPH KANGAS_ EASTSIDE.INTERCEPTOR PROJECT: Ralph Kangas presented the final pay estimate of $70,647.90 which includes retainages. Total costs held to date are $728;050.71 which is.$16,674:29 under budget for the project. Warranty period began July 15, 1985. Ralph expects the final report the 1st of October when the grant will be closed:: Mayor Archer directed Ralph Kangas and Jim.Smith to check into the possibility. of obtaining a portable generator with unused grant funds. Councilman Lutes moved to pay the final pay estimate -to Shunn .Construction. Seconded by Johnson. Craig, Johnson and Lutes voted AYE. Motion carried. Ralph Kangas complimented Shunn Construction :on a job well done. RALPH KANGAS—AIRPORT RUNWAY EXTENSION PROJECT: . Mr. Kangas received a phone call for the FAA, they have appproved the contract and issued a verbal notice to. proceed. Construction officially began today. Construction time is 60 days. APPROVAL OF CITY COUNCIL MINUTES: There being no corrections to the City Council. minutes of July 15, 1985 or July 22, 1985.Mayor Archer declared the minutes .approved as submitted. APPPROVAL OF. RTLY 4 ANn PAVPM T MTV i nQ�. 281 The folowing people spoke in reference to the docks: Bryce Taylor of the Dept- artment of Lands, Fred Shoemaker representing six property owners, Gary Newby, Casey Jones, C.L. Balding, Dr. Bob Mangum, Jan Scott, and Stan Rhees. These people fel a need for the city to adopt a policy rearding the use of the docks. Mr. James L. Schoenhut represented Mr. -Swanson who feels the city should not get involved with.the dock problem and let the problem between dock owner and those claiming dock priviledges be resolved in court between themselves. Councilworman Johnson moved to take upon recommendation from our legal advice that a policy and permit system for docks on the lake be referred to a committee apointed by you, where they could consider the most access to the greatest number of people, where they could consider. placement of docks.taken into account with other docks:":in the area, that state standards be taken into account, that basic maintenance requirments.be considered and a fee be considered, that you appoint acomma:committee thereof-to:,.and.also.some of the polple representing the private sector be included on the committee with some of your appointees. Seconded by Lutes. • Craig, JOhnson, and Lutes voted AYE. Motion carried. Mayor Archer appointed a committee' to look into a policy the council will be adopting regarding the docks. The committee members consist of Councilman Lutes, Mr. Newby, Mr. Balding, Mr. Taylor.and Jim Smith.City Administrator. The committee is to report its progress to the council on the Regular City Council meeting Sept.3, 1985. Mayor Archer called for a recess at 9:10 P.M. Mayor Archer called the meeting back to order aT 9:38 P.M.: JAMES L. SCHOENHUT- MC CALL AIR TAXI: Mr. Schoenhut representing McCall Air Taxi asked the City Council to have Attorney Remaklus examine the lease proposal with Idaho First Natioal.Bank for additional financing for McCall Air Taxi. Councilman Lutes moved that the attorney examine a proposal to determine whether or not the lien term exceeds the proposed lease term and the lender be a -national bank, upon recommendation of the attorney the Mayor be authorized to sign the contract. Seconded.by Craig. Craig, Johnson and Lutes voted AYE. Motion carried. AMENDMENT TO CITY PERSONNEL POLICY: The discussion on increasing the vacation time for City employees was to amend the present personnel policy to read."0 to 1 year of service 7 days, maximum accumulation of 7 days, 1 to 5 years of service 10 days, maximum accumulation off 10 days, 5 to 10 years of service 15 days, maximum accumulation of 15 days. Years of service in excess of 10 years the leave time remains the same as is present- ly in the personnel policy. Councilwoman Johnson moved to amend the present personnel policy in accordance with the request, and to be effective October 1, 1985. Seconded by Craig. Craig Johnson, and Lutes voted AYE. Motion carried. IMPACT PLANNING AND ZONING RECOMMEMNDATIONS: Councilwoman Johnson moved to approve the request for variance of John Corbeil • and to adopt the findings of fact and conclusions of law of the Impact Planning and Zoning Commission as the findings of fact and conclusions of law of the City Council. Seconded by Craig. Craig, Johnson and Lutes voted AYE. Motion carried. Mr. A.H. Burroughs III requested a delay for 30 days. •Mayor•Archer.read the •following letter dayed 8-5-85: To Mayor Archer and City Council of McCall 287 C. All metered customers pay a prorated charge on the water and sewer meter bill as outlined and exhibited in Plan "B". Any business that wants to read their own meter monthly may do so with the following conditions: •1) theinitial reading will be done with a City employee assisting; .2.) that the monthly meter reading turned to the City be in writing, dated, and signed; 3) that the meter reading be delivered or received by the City on or before the 25th of each month. The Public Works Department has assigned a crew member the re- sponsibility of reading the meters at leastthree times per year, once in the spring, summer, and fall. D. That there be a Water Fund Capital Improvement Fund established by an amendment to the Water ordinance setting aside each month $1.25 per billingwhether metered or nonmetered.and whether residential or nonresidential. These monies are to be utilized only for capital improvements within the Water Department; E. That replacement of the clay sewerline running south along the Payette River from the bridge at Rotary Park be done this year using funds from the I & I Fund Budget; F. That the waterstation repair listed under the construction line budget in the Water Fund budget be cut $30,000.00, and; G. That any Commercial or Residential user that hasn't been billed in the past will be back billed to a point intime that either the user can substantiate. their official hookup or back to the time allowable under the Statute of Limitations within the Idaho Code. Mayor Archer stated that due to a lack of a quorum the regular City Council meeting of August 19., 1985 will be.c.hanged to Thursday, August 15, 1985 to adopt the tentative budget. CHANGE IN THE AGENDA: Councilwoman. Johnson moved to modify the agenda to allow Joan Catlett to speak on water outside the City.: Seconded by Lutes. Craig, Lutes, and Johnosn voted AYE. Motion carried. JOAN CATLETT. REQUESTING WATER OUTSIDE THE CITY: Joan Catlett read the recommendation of the Planning and Zoning to not spot annex her property. She is still 'requesting water be provided based on Mr. Seetings statement to her. Councilwoman Johnsonfeels we need to abide by the recommendations of the planning and zoning to not spot annex. It was recommended for her to return to Planning and Zoning tobe sure that there was no confusion in regards to her request. Councilman Craig moved to adjourn the meeting at .9:3L4 P:M.. Seconded by Johnson. Craig, Johnson, and Lutes voted AYE. Motion carried. �X-�-cam, Cly L. Archer, Jr. Mayor . Attest: 02(ehal.& Michelle Basye, Acting(;Clerk 288 SEPTEMBER .5, 1985, The McCall City Council held a Special City, Council meeting on September 5,. 1985 at 7:30 P.M. called to order at 7:34.P.M. Mayor Archer presiding. Councilmembers present were Craig., Johnson and Lutes. Also present were Attorney Bob Remaklus and Acting City .Clerk, Michelle Basye. PUBLIC HEARING --BUDGET FOR FISCAL YEAR 1985-1986, INCLUDING USE OF REVENUE SHARING FUNDS: . Upon hearing no comment, Mayor Archer declared the budget hearing ,closed. He read the "The Annual Appropriation Bill" Ordinance #490.: . CITY OF McCALL, ORDINANCE NO. 490 AN ORDINANCE TERMED "THE ANNUAL APPROPRIATION. BILL",` APPROPRIATING SUCH SUMS OF MONEY AS ARE DEEMED NECESSARY TO DEFRAY ALL NECESSARY EXPENSES AND LIABILITIES OF THE CITY OF McCALL, IDAHO, FOR THE FISCAL YEAR ENDING SEPTEMB.ER 30, 1986.. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO AS FOLLOWS: Section-1. There is herby appropriated to defray all necessary expenses of the City of McCall, Idaho, for the fiscal year commencing October 1, 1985, and ending September 30, 1986, the sum of $2,689,477.00, which said sum shall be appropriated to the several funds of said City as follows: GENERAL FUND Administration (incl. $29,086 Rev. Shar.) Planning .& Zoning Police & Dog Pound (incl. $3,404 Rev. Shar.) Fire Department . . Park Department Magistrate Court TOTAL GENERAL FUND SPECIAL FUNDS Airport Library (incl. $700.00 Rev. Shar.) Street (incl. $9,360.00 Rev. Shar.) Recreation Sewer Sewer Infiltration &.Inflow Fund. Water Golf Course Tort Liability Insurance Sewer Revenue Bond Capital Improvement Fund: Sewer . Water Grants: State Division of Environment United States:. Forest:. Service Federal Aviation Administration TOTAL SPECIAL FUNDS $ 128,070.00 36,000.00 '.161,588.00 24,647..00 8,675.00 19,680.00 $ 378,660.00 $ 101,726.00 45,561.00 188, 778.00 41,351.00 290,793.00 184,000.00 157, 756.00 193, 900,. 00 91,325.00 21,725.00 31,250.00 30,000.00 93,750.00 43,500.00 795,402.00 $ 2 ,310,817.00 289 Councilwoman Johnson moved that we adopt Ordinance.#490 as presented. Seconded by Lutes. .The following roll call vote was recorded: Craig AYE Johnson AYE Lutes AYE Motion. carried. PUBLIC HEARING --RECLASSIFICATION OF ZONE Mrs. Marie Strode requested a change in the zoning of their property from E Agriculture to.0 Commercial. II Councilwoman Johnson moved to approve the request for change from E Agriculture to C Commercial of the George and Marie Strode, Kenneth and Jackie. Strode and Will and Georganne Spalaings. And to adopt the findings of fact and conclusions of Law of the City Council. With the changes modify.ing their. comments inserting zoning map in place of comprehensive plan. Seconded by Craig. Craig, Johnson and Lutes voted AYE. Motion. carried. APPROVAL OF MINUTES: There being -no additions or corrections to the City Council minutes of August 12, 1985 Mayor Archer declared the minutes approved as submitted. • BILLS AND PAYROLL FOR AUGUST 1985:. Councilman Craig moved to pay the bills as presented. _Seconded by"Lutes. Craig, Johnson and Lutes voted AYE. Motion carried. 2643 ;Darrell Evens 846.00 2644 United States Postmaster 166.04 2645Ramon Alford 300.00 2646 Roger Bates 250.00 2647 Hugh Cooke 300.00 2648 Rebecca Jeffries 200.00 2649. Elias Leija _ 350.00. 2650 Mary Jane.Liberty 200.00 2651 John Lyon 250.00 .2652 Brian Mickels' 300.0.0 2653 Edward Parker 250.00 2654 Steve Russell 250.00 2655 Deborah Sager 100.00 2656 Michael Whitney 150.00 2657 Michelle..Basye . 300.00 2658 Michael Tambini 250.00. 26.59 Dennis Babbineau 150.00 2660 William Wright • 200:00 2661 Blaine —:Murray 200.00 2662 Michael Gantz 200.00 2663 Shawn Johnson. 100.00 2664 David John Wolf 150.00 2665 Michael Sellers '200.00 2666 Jeannie Brown. 300.00 2667.-...:°Edward Wynn . 150.00 2668 State of: Idaho 1,788:26 2669 United States Postmaster 1511,.00 2670 Clyde Archer 1.00 2671 Michelle.•Basye 579..99 2672 Larry Craig. 109.56 2673 James Creech • 127.79 2674 .Marion Johnson 100.56 9r,7F .r-i f+-+,._..a r __i 290 • 2684 John Lyon. 2685 Edward Parker 2686 Steve Russell 2687 Michael Tambini 2688 Blaine. Murray 2689 Donald Fitzwater 2690 James Smith 2691 Gloria Cantrell 2692 Rebecca Jeffries 2693 Kay Jones 2694 Dorothy Lane- 2695 Mary Jane Liberty 2696 William Wright 2697 Hugh Cooke 2698• Scott Howard 2699 Deborah Sager. 2700 Jeffrey Sheldon 2701 Dave Smith 2702. John Lewinski 2703 Edward Wynn 2704 Roger Bates:.. 2705 Jeannie Brown 2706 Larry Chalfant 2707 William Keating 2708 Michael Whitney 2709 Caren Beckler 2710 Dennis Babineau 2711 John Drips 2712 Michael Gantz 2713 John Johnson 2714 Shawn Johnson 2715 Brian Mickels 2716 Ralph Murray . 2717 Michael Sellers 2718 David Wolf 2719 State Tax Commission 2720 Idaho First National 2721 State Auditor, State of Idaho 2722 Associationof Idaho Cities 2723 American Family Life Assurance Co. 2724 Idaho Central Employees Credit Union 2725 Public Employee Retirement System 2726 I.P.O.A. 2727 Art Mart 2728 Baxter Foundry and Machine Works 272.9 Boyd Martin Turf 2730 Brundage'Office Supply 2731 Bruneel Tire Service 2732 Century Laboratories, Inc.. 2733 Consolidated Supply Company 2734 Contel 2735 Deckers Inc. 2736 Doubleday Book Club 27.37 F-Stop 2738 Fisher Scientific 2739 Franklin Building Supply 27.40 Gem Fuel Company 2741 Great Western Chemical Company 2742. High Country Enterprises 2743 IBM 2744 Idaho First National Bank 2745 Idaho Power 2746 Ingram 2747• May Hardware 2748 McCall Memorial Hospital 1..259.35 873.74 311.93 2.50.00 454.88 1,066.11. 3,637.81 875.34 397.01 61.24 219.40. 457.25 486.32 769.93 206.60 375.27 22.8.60 1, 325 .,11 1,212,74 618.32 797.48 299.23 1,440.73 698.85 652.29 1;.264.39 521.53 724.77 434.71 334.30 269.62 768.86 875.56. 426.•80 484..38 1,698.60 4,927.55 7,095.98 2,083.32 557 :92 606.71 6,029.28 120.00 22..77 680.40 6,346.05 8..08 850.54 36.00 1, 181.86 1,366.35 233.28 23.79 71.20 264.93 140.00 385.20 771.00 25.30 277.70 2,578.53 7,314.53 60•.37 325.84 10.•00 291 2759 • Snowbird Laundry 68.,45 2760 State Insurance.Fund 1,078..13 . 2761 • Steve Reagan Company 41,97 2762 Star News .. 220.92 2763 ..Valley County 479.68 2764 Wallace Shop 195.63 2765 The Merc • . 217.79 2766 ..Don Aldrich 14.75 2767 Dave Smith . 31.50 2768 Dempsey Eddins 20.25. 2769 Maury Ainger 55.70 2770 Tim Everhart •14.75 2771 Skip Taylor 5,5•0 2772. Rick Bollar 9.25 2773 Martin Fitzgerald . . 7.50 2774 Dana West 25.05 2775 Mike Curry 9.25 2776 'Bill Botsford- 3,75 2777 Jack Katzenberger 15.75 22778 Tom Chaloupka 18.50 2779 Dale Points _ 9.25 27$0 Dan Cochran. .5.50 2781 Doug Woods 7.50 2782 C & S Contracting • 155.19 2783 Harold Davis 2.00 27.$4 State of Idaho . 119.96 2785 Priest Electric 2,39.5.52 2786 Quality•Paperback Book •13.39 2787 Turf Equipment 1.•4•23.59 2788 Water & Waste'Water Equip. Co 666.28 2789 Adams County•.Sherif:fs Office 883..33 . �790 G.A. Thompson CO.. 28..$0 �791 Cop .Shop Etc. 117.47. 2792 -.Acheson Motors 2500 2793 .Dean's.Tire Service- 1,21,4.80. 2794 Crazy Bob's.Cut Rate •323..40: �795 Hugh Cooke • .16 00 2796 Idaho Recreation & Parks Society, 60:00 2797 Amcor Inc: 63..84 2798 Jeffries' Construction 512:_11 2799 House Beautiful 39-.97 2800 Ackley Tool Co. 253.50. 2801 Phillips Petroleum Company •37.27 280.2 Treasure Valley Bank 490.:87 2803 Mary Jane Liberty 50..00 2804 Mairs Auto Parts 110:.01 2805 Columbia House 24.28 2806 Motorola Inca 125.87 2807 Gordons , • 51.58 2808 Demco 157.46 2809 Share. Corporation. 94::79 2810 Sackerman's Texaco • 923.85 2811 Darrell Evans . . . 642 00 2812 Haldeman & Williamson, Inc. 47.00. 2813. Jeannie Brown 15:66 2814 Mark Darling 375. 2815. Steve Dye 13,00 2816 J..-U.B. Engineers, .Inc. 250:56 2817 Marco 46.70. 2818 Tom Meckel. Sand and Gravel 360'400 2.819 John Durbin . 10'400 . 2820 Donnelly Fire Department' 64.00 2821 .Frances. Forest 582..00. 2822 Susan Hamilton 300.00. 2823 Hi.lcrest Country Club.. 68.25 ?,92 RALPH .KAN.AS-.EASTSIDE INTERCEPTOR: Ralph.Kangas had no information as of yet on the portable generator...:He_.will.:have to get back to the Council on the September 16th meeting.. The final pay estimate #8R'contained an error in the Ci.ty's favor of some $1100.00. The total amount of the project -comes to $728,050.71. Now it is $726,995.96,• which is some $17,700 under the original construction bid. Ralph Kangas presented the City with a bill for $1,755.00. for the supervision of the replacement of the bac.kfill at the lift: stations. .Councilman Lutes felt the bill should be covered by Shunn Construction, as it, was due to Shunn's error and the matter was taken under advisment. . RALPH KANGAS-AIRPORT A change order was requested for reshaping an area between the existing runway and the new parallel taxiway that is,being constructed. This is to facilitate in the snow removal. operation. The estimated amount of the change order based on unit prices will be $15,771.60 all of which is grant eligible. Councilman Lutes moved we authorize .the change order. Seconded by Craig. Craig, Johnson and Lutes voted AYE. Motion carried. Ralph Kangas presented the Council with partial pay estimate #1 for the period of time. August 5 through August 24, 1985. Total amount due on the bid .items is $159,006.51. Councilman Craig moved to authorize payment of work order. #1 for the amount of $159,006.51. Seconded by Lutes. Craig, Johnson and Lutes voted AYE. Motion carried:. Mr. Kangas also resubmitted his bill on the airport. to the Council for payment in the amount of $11,363.95..:.=1e.ouncilman Craig moved to pay. Ralph:.. Kangas. $11, 363. 95:.and we submit it : for .reiMburseiPient from FAA..:. Seconded by Lutes:. Craig,.. Johnson and Lutes voted AYE. Motion carried. DOCK COMMITTEE RECOMMENDATIONS: Dock owners Gary Newby and Mr. Balding spoke in reference to the dock committees recommendations. Bryce Taylor from the State Department of Lands referred to the dock owners as having grandfather rights. It was requested that Attorney Bob Remaklus review the dock recommendations and also the letters submitted by the dock owners. Mayor Archer called for a recess at• 9:20 P.M.. Mayor Archer called the meeting back to order at 9:35 P.M.. JO:HN RUSSELL-NOISE NUISANCE: Mr. John Russell spoke in regards to the noise generated by the Idaho Power Substation located across from his property on Lakeside Avenue between Roland Avenue and Frost Street. He presented the Council with a petition, in which following people signed:. John -Russell - 800 W. Lakeside Mary Dorris 606 W. Lakeside Leola Hamell 708 W. Lakeside . Jessie Espy 183 Lakeside . Robert R. Espy 183 Lakeside 7_ Julie Pearson 900 Lake Street Sherda Bailey Boydstun Street . Regan Hamell Box 250 Lakeside Avenue 297 MODIFY AGENDA: Councilwoman Johnson movedto modify the agenda to add Executive session for raasons of personnel. Seconded by. Craig. The following roll call was recorded: Craig •AYE Johnson AYE Lutes AYE Motion carried. EXECUTIVE. SESSION: Councilwoman Johnson moved to go into Executive Session for reasons of personnel at 9:34 P.M•.. Secondedby Craig. Johnson, Craig and Lutes voted AYE. Motion carried. Mayor Archer declared the meeting back into open session at 10:22 P.M.' Councilman Lutes moved to adjourn at 10:25 p.m..• Seconded by Craig. Craig, Johnson and:•Lutes voted AYE. Motion carried. • Clye L.Archer, Jr. Mayor Attest: Michelle Basye, ActingCClerk SEPTEMBER 16,.1985 The McCall City Council held a regular City Council Meeting on. September 16, 1985 at 7:30 p.m. called to order at 7:35 P.M. MayorArcher presiding. Council - members present were Craig, Johnson; and Lutes. .Also present was Acting City Clerk, Michelle Basye. City Attorney, Bob Remaklusarrived at 9:00 P.M. APPOINTMENT OF NEW COUNCIL MEMBER:::: Councilman Craig moved to amend the agenda to appoint a.new councilperson. Seconded by Johnson. Craig, Johnson and Lutes voted AYE. Motion carried. Mayor Archer appointed Aloa Stevens to the City Council. Councilwoman::.Johnsonll moved to confirm Aloa Stevens position .on the City Council. replacing William Crowley's unexpired term.' Seconded by Craig: Craig., Johnson and Lutes voted AYE. Motion carried. Acting City Clerk, Michelle Basye administered the Oath of Office to Aloa Stevens. RALPH KANGAS-EAST SIDE INTERCEPTOR: Mr. Kangas read the letter from John Schwartz describing the funding of the Portable generator. It was questioned.'.to what degree -the D..O.E. will participate. Mr. Kangas said they may consider amending the grant. If not, it will cost the City approximately $12;000.00 if we can comply with the_qualifications.. Councilwoman Johnson moved that we change into the Shunn Contract recommendation for a portable 100.kilowatt caterpiller generator approximately $26,000.00 .for City use. Seconded by: Craig. Craig, Johnson, Lutes and. Stevens voted AYE. Motion carried. Mr. Kangas asked the council for approval of his bill for:.$1755.00 for . construction inspection of. the hackf; i i. RALPH KANGAS-AIRPORT EXTENSION PROJECT Ralph Kangas explained the slowing down of•.the Airport Extension Project due to the weather. FAA has approved change order #1. Mr. Kangas also reported on the unacceptable soil 600ft. to 900ft southof.the .northend taxiway. There will be :a change order for the replacement of the materials in this area. AIRPORT MANAGER POSITION: Councilman. Lutes reported on:the airport committee recommendation for an Airport Manager.. Ernie- Woods stated he felt he was entitled to the position for various reasons of past employment: Ron Delpand Ralph Kangas emphasized the need for a -person in this capacity.: Councilwoman. Johnson moved to -table this aiport manager discussion -until -later in the meeting. Seconded by Craig. Craig, Johnson, Lutes and Stevens voted AYE. Motion carried. AIRPORT T-HANGER LEASES: Councilman Craig moved...to amend the agenda to include the. T-Hanger leases. Seconded by Stevens. :Craig, Johnson, Lutes and"Stevens•votedAYE. Motion carried. Ron Delp, airport committee member, reviewed the current status of the leases. WATER STUDY PROPOSAL: Mr. Jerry Elliot from Water and Environment Services, approached the Council with a proposal to determine the City's water needs and capacity. The total analysis amounts to $16,891.00. Councilwoman Johnson requested to place the information on file for a decision when the budget does allow and when it can be entered into a viable project. • Mr. Elliot volunteered to investigate the possibility of getting a Block Grant to finance the study. HIGHWAY 55 TRAFFIC STUDY: Councilwoman Johnson feels the .narrow width of Highway 55 is very dangerous. Councilwoman Johnson moved the Mayor direct someone to address the traffic pattern and a letter .to.the.Department of Transportation requesting a study for safety and one-way trafficpattern primarily. Seconded by Lutes.Craig, Johnson, Lutes and Stevens voted AYE. Motion carried. (P; is DOCK COMMITTEE RECOMMENDATIONS: City Attorney, Bob.Remaklus read to the Council a list of Dock Committee recommendations regarding docks on City property on Payette Lake. Following is the Committee recommendations regarding docks on City property on Payette Lake: DAVIS BEACH DOCKS 1. The City recognizes the grandfather rights attached to the two existing docks on the Davis Beach property owned by the City. 2. That the right to use, operate, and maintain such docks attach only to described real property, to -wit: North Dock:. Lots 4 and 5, Block 1, andLots 3, 4, 5 and 6 of Block 2, all in Davis. Beach Tracts, according to the official plat therof on file and of record in the office of the Recorder. of Valley County, Idaho. South Dock: The South Half of Block B2, Lots 1, 2,i4 DavisndofBeBlock. „�Ro c. i+ n. lnrk 7 and Lot _ 299 6, Transfer of dock rights is Mhibited.except as follows; For each such dock, separately, dock rights may be transferred from a lot to the reamining.lots only. . Once dock rights have been so transferred, dock rights to the specific lot from which such rights were transferred are forever extinguished and shall not be revived. 7. That a copy of this recommendation be certified. by. teh City Clerk and placed of record in the office of the R6coxder of Valley County, Idaho. OTHER CITY OWNED CONTROLLED PROPERTY 1. No private docks shall be attached to City -owned or controlled property save and except the Davis Beach docks above specified. Councilman Craig moved that we accept the recommendations as presented by our attorney on both 'the Davis Beach Docks and the rest of the docks and direct the attorney to draw up a legal document that can be attest and put into court.record. Seconded by Lutes. Craig, Johnson, Lutes and Stevens voted AYE. Motion carried. Mayor Archer declared a recess at 10:12 P.M. Mayor Archer dalled the meeting back to order at 10:29 P.M. APPROVAL OF CITY COUNCIL MINUTES: Upon making the change .in the minutes to read .Item 6 instead of Item 4, in paragraph 16, Mayor Archer declared the minutes of September 5, 1985, approved as submitted. CORRESPONDENCE: A question as to de-annexing.600 acres north of McCall will be checked into City Attorney, Bob Remaklus. by Councilwoman Johnson questioned the definition of Floyd and McBride Streets at their intersection of Thula Street. Mayor Archer'directed Tom Kerr to survey these streets in regard to some poles in question. The Council addressed the computor needs and the financing of them. Councilman Lutes moved to accept Option 3 for the purchase of a Computer Disk for 12 monthly payments this year and including the police package Utility Package and being under contract until May 31,..19185. Totaling $8.,836.00, Revenue Sharing paying $7,940.00 and Water and Sewer to pick up the remaining $896.00. The Computer Disk will cost $7,000.00, to be financed at 60.monthly payments at approximately $153.00 and the Mayor and Clerk be authorized to sign the documents, with IBM the lessor and Idaho First the financial entity and the City of McCall the lessee. Seconded by Craig. Craig, Johnson, Lutes and Stevens voted AYE. Motion carried. .EXECUTIVE SESSION: Councilwoman at 12:00 A.M Johnson Craig Stevens Johnson moved to go into Executive Session for reasons of personnel . Seconded by Craig. The following roll call vote was. recorded: AYE AYE . AYE Lutes AYE Motion carried. Mayor Archer declared the meeting back into open session at 12:.27 A.M. The Mayor stated the Airport Manager position will be tabled until the City Administrator position is fulfilled. Mayor Archer called a special meeting for 7:30 Monday, September 23, 1985.