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HomeMy Public PortalAboutCouncil Minutes 1980 Jan-Dec The meeti -s~ a`' d" ourned at 10 : 40 p .m. until Monday, J ua 7 , a P • f-2T02- A. vArs , Mayor Ma g et E. Fogg, er JANUARY 7 , 1980 A regular meeting of the City Council of the City of McCall/if, Members present were Mayor Evans , Councilmen Hardy , Lutes w and Archer. Councilman McDougal was absent . The following business was transacted. o m c N m The minutes of the previous meeting were read and approvedczo as read. m ct Mayor Evans announced that , according to Idaho Code , Sec- • W tions 50-601 and 50-702 , the Council shall meet and conduct such business as may be necessary to conclude the fiscal matters, which was approving for payment the accounts payable . The Airport Advisory Committee met on December 19 to con- sider the appointment of an Airport Manager, since Bob Franklin had submitted his resignation to be effective as soon as a replacement was found. The committee recommended Ernest Woods be appointed to the position of Airport Manager, effective January 1, 1980 . Since the City Council meeting was scheduled for January 7, 1980 , on December 27 the Clerk polled the Council members , including councilmen-elect James Lyons and Ernest Ward, regarding the appointment of Ernest Woods as Airport Manager. All members indicated they were in favor of this appointment . Hardy moved the Council approve the poll taken December 27, 1979 , and confirm Ernest H. Woods ' appoint- ment as Airport Manager effective January 1, 1980 . Motion was seconded by Archer and upon vote Lutes , Hardy and Archer `1 voted aye . Mayor declared the motion carried unanimously. C *L' t of b ' lllins The Account Payable billings were read. /Foiiowing the rp ad- ing of the bills Hardy moved that the bills be approved and ordered paid, which motion was seconded by Archer and upon vote was declared carried unanimously. The newly elected officials Mayor Bill A. Evans and Council- men James R. Lyons and Ernest E. Ward took and subscribed to the Oath of Office as read by the City Clerk. They were pre- sented their Certificates of Electioi and assumed the duties of their positions , each for a four year term of office . Mayor Evans resumed the office and duties as Mayor. He thanked Dr. Archer, on behalf of himself and the City , for his fourteen years plus dedicated service stating that he would be missed. Mayor explained that it would be necessary to elect a Council President who would act in the absence of the Mayor. Lutes nominated Jim Hardy for Council President . There being no other nominations , Lutes moved nominations be closed and the Council cast a unanimous ballot for Jim Hardy for Council President . Lyons seconded the motion and upon vote was de- clared carried unanimously. The following appointments were made by Mayor Evans : City - Clerk/Treasurer, Margaret Fogg; City Attorney , Robert Remaklus ; Deputy City Attorney, Stanley McCallister; Police Chief, John Lyon; Fire Chief, Don Fitzwater; and City Engi- neer, Jack Latham. Lutes moved to confirm the appointments as made by Mayor Evans . Hardy seconded the motion and upon vote was declared carried unanimously . The appointment of an elected official to serve on the Wycap Advisory Board, the position vacated by Dr. Archer, will be taken under advisement . Attorney Remaklus reported on the status of the Log Boom at the lake outlet . A. Mike Stubblefield, Department of Water Resources , has been researching the problem and offered some conclusions : That debri and driftwood must be removed period- ically from vicinity of dam. Buoys or warning signs should be posted for boaters , but he did not feel that the log boom has an effect on the swimmers . Sign cost responsibility should be coordinated by Lake Reservoir Company , the City of McCall, and the State Department of Transportation. Remaklus does not agree with the conclusions and would recommend that the Council take it up with Valley County Waterways Commission if they feel it is a problem. Councilman Lyons opinion was that the log boom is a safety factor to the swimmers at the public beach-creates a needed barrier. After discussion, Remaklus recommended Makinson and Waterways Commission be invited to a meeting to discuss the situation since the Council feels it is a hazard to swimmers and boaters . Remaklus commented regarding his research on the Brundage Mountain Bath and Raquet Club application for a Planned Unit Development . A definite method of financing proposal was submitted to his office which was reviewed and recommended for approval. Type of ownership plan, also, appeared reason- able. Both Remaklus and McCallister were satisfied as to their financing program and type of ownership . There was a lengthy discussion on the developers plan to transfer future development rights to the City, although they desire to build additional tennis courts and increase parking areas . It was the consensus of the Council that the plan show tennis courts and the parking area for future development before the Planned Unit Development is acted upon. Attorney Remaklus is to pursue this question as to the developers ' intent in regard to tennis courts , parking, and developments in the forseeable future, which would give the Council a more specific plan to act on. Because of a question as to whether or not , under certain circumstances , the building plans should be prepared by a licensed architect or professional engineer, Remaklus recommends that all building codes , with desired exceptions , amendments and reservations , should be reviewed and updated and the 1979 Edition of UBC adopted. Advised the Council that an ordinance would be prepared within the next two months . Remaklus reported on the December 7 , 1979 , Boise meeting with E. P. A. and representatives from City, County , and the Payette Lakes Sewer District regarding the sewer district and the Aralof City Impact . State Department of Health and Welfare had representatives at the meeting, also . The status of the Home Owners Association suit against Costill, E. P. A. Administrator, is that the U. S. Attorney has sixty (60) days to answer a complaint and they ' ve sent notice that they will take the full sixty (60 ) days . Mr. Raymey assured Remaklus that the City would be kept advised at all times . A Public Meeting is being scheduled by Regional E. P.A. Officials of Seattle to be held in McCall on February 28, regarding the planned sewer of the Payette Lakes Water & Sewer District , to take testimony from anyone who wishes to testify. Mayor Evans informed the Council that the State Health Department Director had advised that the Federal Government , in conjunction with the State and the Office of Disease Control Centers in Atlanta, Georgia, was starting a pro- gram to improve the tooth floride treatment of all the population. City has received application forms for parti- cipation in the program. Such application would ask for necessary floride equipment for Pumping Plant No. 1 by Payette Lakes Lumber and in the pumping plant by Timber Lake Condominiums and a pumping plant to go on the West side . Total cost would be around $27 , 000 . and will include the equipment , all testing equipment , installation of the equipment , and floride chemical for two years operation. Hardy moved that the application form for the Flouridation Project grant be prepared and submitted and authorize the Mayor to execute same . Lyons seconded the motion and upon vote was declared carried unanimously . The McCall Planning and Zoning Commission made a recommen- dation at their December 18, 1979 , meeting that Mr. Gordon Peirce at 1320 North Hubbard be allowed to construct a workshop with a 15 ' setback, a variance from the 20 ' set- back. , from Hubbard Street . Mayor explained that , in that area, there were other houses that have less than a 20 ' setback. Lutes moved to approve Gordon Peirce ' s variance of the 15 ' setback at 1320 Hubbard. Motion seconded by Hardy and upon vote was declared carried unanimously . A second recommendation of the Planning and Zoning Commis- sion was approval of the Preliminary Plat of the Airport Business Park presented by Idaho Land Developers . After discussion Hardy moved to approve the Preliminary Plat01.040 of the Airport Business Park. Lyons seconded the motion and upon vote was declared carried unanimously. Chet Putnam, Operator of Lake Shore Disposal, has come to the Mayor with problems he ' s having in maintaining his operation. He maintains the volume of business he has is insufficient to sustain continued operation and estimates that he will have to quit by April 1, 1980 , unless he obtains some other financing. Putnam is proposing a Mandatory Pickup Franchise within the City Limits . He feels that , under that basis , he could substantially reduce the present charges . After discussion, Remaklus was requested to research such franchise for next meeting. The billing from Valley County for 1980 trash disposal for $417 . 60 was received December 26 , 1979 . This is a charge to the City for the operation of the sanitary landfill, a County effort to require non-taxing entity to pay part of the landfill operation. Mayor Evans sited Chapter 44 of the Idaho Code - the collection, transportation and dis- posal is the responsibilities of the County . Remaklus will review this statute and report back to Council . A note of thanks was received from Mary Lou Droge and Patty Jacobsen for the Golf Course Pass donated to the Hospital Auxiliary for their Holiday Happening Raffle . The McCall Fire Department received a letter from the City of New Meadows thanking them and the Mayor for their res- ponse to their fire call at the Meadows Recreation Hall on November 25 . They sent a $50 . check as compenation. After discussion Hardy moved that the check/ '@rre-MPnaltlocamRa1Cion the City of New Meadows with the suggestion it be used to set up a fireman' s clothing equipment fund. Motion was seconded by Lutes and upon vote was declared carried unanimously. The City is in receipt of correspondence from Harmon and Company, Englewood, Colorado, seeking a franchise or permit to build Cable Television. Council discussed the possibility of adopting an ordinance that would establish rules and regulations that anybody seeking a permit for Cable TV would have to comply with, regulations such as a license application, payment of initial license fee , and an agreement that the City would receive a percentage of revenue . Remaklus will research franchise and ordinance regarding such project . Lutes reported the antennae pole and antennae in place -� and the police radios now in operation. Hardy informed the Council that Gordon Fouch had volunteered to do the snow plowing at the airport for reasonable reim- bursement . No action was taken as arrangements have already been made. Mayor Evans appointed James Lyons as Councilman in charge of Streets , Lights and Dump and Ernest Ward as Councilman in charge of the Golf Course, Parks/Beaches , and Recre- ation Program. *The following bills were read for payment. No. 5978 Donald R. Broughton $ 250 . 00 5979 Hugh H. Cooke 150 . 00 5980 Robert S. Dodge 50 , 00 5981 John L. Lyon 250 . 00 5982 Janice L. Nelson 200 . 00 5983 Larry S. Olson 250 . 00 5984 Dwight Ralph Paris 236 . 60 5985 Roger W. Rockwell 250 . 00 5986 Scott L. Sprague 250 . 00 5987 Donald Van Cleave 250 . 00 5988 Johnston & Company, Inc . 850 . 00 5989 Postmaster 60 . 00 5990 John B. Drips 3,614 . 30 - 5991 Idaho First National Bank 39 ,495 . 40 5992 Margaret E. Fogg, Clerk 15 . 17 5993 Safeco Insurance Companies 625 . 50 5994 Clyde Archer, Jr. . 94 5995 Roger D. Bates 746 . 05 5996 Sandra Bates 613 . 80 5997 VOID VOID 5998 D onald R. Broughton 594 . 17 5999 Mabel Burgess 50 . 77 6000 Gloria L. Cantrell 217. 78 6001 Joye S. Catlin 567 . 34 6002 Larry Chalfant 1,011. 39 6003 Sara Martha Chitwood 593 . 16 6004 Hugh H. Cooke 658, 08 6005 Robert S. Dodge 412 . 16 6006 John B. Drips 615 , 33 6007 Bill A. Evans 84 . 05 6008 Donald L. Fitzwater 67. 44 6009 Margaret E. Fogg 714 . 63 6010 James W. Hardy 67 . 02 6011 Sophie T. Howard 263 . 93 6012 Jack E. Latham 322 . 50 6013 Clifford Lutes 67 . 02 6014 John L. Lyon 865 . 24 6015 Lee McDougal 67 . 02 6016 Ralph R. Murray 10 . 10 6017 Janice L. Nelson 228 . 86 6018 Larry S. Olson 700 , 64 6019 Richard T. Remaklus 795 . 81 6020 Robert H. Remaklus 507 . 00 6021 Roger W. Rockwell 594 . 19 6022 W. 0. J. Seetin 1,187 . 74 6023 W. 0. J. Seetin 217 . 75 6024 David B. Smith 1,036 , 97 6025 Scott L. Sprague 638 , 87 6026 Donald B. Van Cleave 392 . 97 6027 Valley County Trust Account 9 ,005 . 32 6028 Idaho First National Bank 3,066 . 71 6029 State of Ida. -Tax Commission 831. 63 6030 Public Emp. Retire. System 2 ,910 , 56 6031 Association of Idaho Cities 1,149 . 00 6032 American Family Life Assr. 22 . 70 6033 Idaho First National Bank 6 ,900 . 00 6034 Postmaster 97 . 60 6035 Postmaster 22 . 00 6036 Jan Nelson, Water Dept . Clerk 18 . 10 6037 Idaho First National Bank 2 , 369 . 63 6038 Kathy J. Betzold 24 . 50 6039 Bill A. Evans 66 . 45 ^- 6040 McCall Fire Department 12 , 75 6041 Maury Ainger 30 . 50 6042 Rick Bollar 29 . 00 6043 Tom Chaloupka 15 . 50 6044 Dempsey Eddins 39 , 00 6045 Don Fitzwater 32 . 50 6046 Bill Florence 14 . 00 6047 Tom French 3 . 50 6048 Bill Gilbert 18 . 50 6049 Boyd Gilbert 66 . 50 6050 Tom Ireland 17 . 00 6051 Glen Jackson 30 , 50 6052 Jim Madden 10 . 00 6053 Ken Medley 5 . 00 No. 6054 Dirk Onweiler $ 10 . 00 6055 Gary Richiusa 12 . 00 6056 Dave Smith 24 . 00 6057 Harry Stathis 13 . 50 6058 Ernie Woods 23 . 50 6059 Dick Yelton 5 . 00 6060 Donald R. Broughton 20 . 00 6061 L. S. Olson 10 . 26 6062 Scott L. Sprague 50 . 64 6063 Dick Woods 25 . 00 6064 Acheson Motors 133 . 75 6065 Bill' s Union Service 8. 20 6066 Boyd Martin Co. 23 . 20 -.. 6067 Brodart , Inc. 107 . 66 6068 Brown' s Industries , McCall 734 . 82 6069 Cal Gas - McCall 17 . 74 6070 Cambridge Litho 96 . 00 6071 Century Laboratories 183 . 00 6072 Car Care Center 40 . 56 6073 Chevron U. S. A. Inc . 17 . 82 6074 Chevron U. S. A. Inc. 2 ,089 . 99 6075 The Coble Company 27 . 04 6076 Consolidated Supply Co. 1, 311. 39 6077 Continental Telephone System 492 . 75 6078 Decker' s Inc . 24 . 05 6079 DEMCO 271. 32 6080 Department of Employment 198 . 96 6081 Doubleday & Company, Inc . 50 . 92 6082 Doubleday Book Club 7 . 34 6083 Gaylord Bros . Inc. 264 . 01 6084 Hazelden Ed. Services 19 . 70 6085 The Horn Book Magazine 15 . 00 6086 Huskey Auto Electric, Inc . 289 . 63 6087 Idaho Mountain Graphics 15 . 00 6088 Idaho Power Company 3 ,074 . 92 6089 Idaho State Fire School 10 . 00 6090 Idaho Statesman Dealer 83 . 60 6091 Ingram 5 . 60 --® 6092 Interstate Business Equipment 40 . 50 6093 Appraisal Associates 795 . 00 6094 Lake Shore Disposal 75 . 00 6095 May Hardware, Inc. 121. 64 6096 Men' s Wardrobe 232 . 88 6097 The Merc 35 . 99 6098 McCall Appliance Repair 24 . 55 6099 McCall Rexall Drug 64 . 95 6100 McCall Shell & Radiator Shop 178. 25 0101 McCall Texaco 100 . 35 0102 McCall Tire & Wheel Center 224 . 48 0103 NEWSWEEK 48 . 00 0104 NORCO 95 . 25 0105 OSC Data 170 . 28 0106 Payette Lakes Lumber Co. 197 . 03 0107 Petrolane Gas Service 17 . 13 0108 Publishers Weekly 98. 00 0109 Quality Paperback Book Club 1. 19 0110 Rocky Mountain Magazine 9 . 00 0111 Rowland Bros . 38 . 50 0112 Sachs Lawlor 56 . 31 0113 The Scribner Book Co. , Inc . 70 . 39 0114 VOID VOID 0115 Snowbird Ldy . & Dry Cleaning 92 . 85 0116 Sonny ' s Tire Service 196 . 90 -"""" 0117 Sports Marina 3 . 45 0118 Stans Auto Parts 527. 15 0119 Star-News 37. 43 0120 Syms York Co. 411 . 40 0121 VOID VOID 0122 Troy Ldy . & Dry Cleaning 12 . 90 0123 Union Oil Co. of Calif. 53 . 75 0124 Venture Publishing Co. , LTD. 4 . 75 0125 W. S. Darley & Co. 133 . 40 No. 0126 Western Equipment Company $ 1,324 . 38 0127 William A. Kirk Agency, Inc . 2 ,196 , 03 0128 VOID VOID 0129 Shaverts 84 . 95 0130 Time Life Books 17 . 81 0131 Idaho First National Bank 7 . 00 Mayor Evans de ared the meting adjourned at 9 : 32 p ,m. un ' nday, e 4 '1980 , at 7 : 00 p .m, ._ A. v Mayor M rga et E, Fogg,/ rk FEBRUARY 4, 1980 A regular meeting of the City Council of the City of McCall was held on the above date . Members present were Mayor Evans , Councilmen Ward, Lyons , Hardy and Lutes . The following busi- ness was transacted. The minutes of the previous meeting were read and approved as read. Payette Lakes Water and Sewer District submitted an amended Sanitary Sewer Easement 3-E(R) , for area South of Cemetary and Deinhard Lane , which easement was moved down onto the sectionline as requested by Council members on November 5 , 1980 . The Council was polled regarding the amended easement January 10 , 1980 , and all members indicated approval of amended Easement 3-E(R) . Hardy moved they confirm their January 10 , 1980 , action of approving amended Sanitary Sewer Easement 3-E(R) . Motion was seconded by Lutes and upon vote was declared carried unanimously. Marc deReus , Brundage Mountain Bath and Racquet Club , sub- mitted a General Development Plan showing specific future tennis courts and parking for the foreseeable future . Attor- ney Remaklus informed the Council that their Financial Pro- posals submitted December 5 , 1979 , were reviewed and found satisfactory. Following discussion Hardy moved the Brundage Mountain Bath and Ra-quet Club Master Plan of the P.U. D. including the Projected General Development Plan and Program dated February 4 , 1980 , and Financial Proposals submitted December 5 , 1979 , be approved, conditioned upon the transfer of the additional development rights to the City of McCall in form approved by City Attorneys . , and the Mayor and Clerk be authorized to execute . Motion was seconded by Lyons and upon vote Lutes , Hardy, Lyons , and Ward voted aye . Motion was declared carried unanimously. Mayor Evans appointed Ernest Ward as Council member to serve on Wycap Board. Hardy moved the Council confirm Ernest Ward' s appointment to serve on the Wycap Board. Lutes seconded the motion and upon vote was declared carried unanimously . At the January 15, 1980 , Planning and Zoning Commission meet- ing the Commission recommended that the property in the Geelan addition owned by Ernest Woods have a zone reclassification from "A" Residential to "D" Commercial. Council agreed to set a public hearing date of March 3 , 1980 . Attorney Remaklus is to prepare necessary publication notice. Planning and Zoning Commission recommended approval of Final Hard Plat of Airport Business Park presented by Idaho Land Developers . Keith Stokes was present to answer questions . City Engineer, Jack Latham, objected to signing the Final Plat because the 35 ' road right of way to the South of the sub- division to be used as a private access road by Idaho Land Developers is not their property nor has it been verified that it has been filed as a platted easement and dedicated as a public right of way. Action on the Final Plat was with- held for research and verification by Attorneys and Idaho Land Developers of ownership ofthe property . Idaho Land Developers proposal on the land trade with the City for the baseball field was to trade Parcel A for Parcel B, Parcel C, and a sixty (60 ) foot road right of way between Fairway Drive and the Suitor property . In addition to the trade of property they propose to build a single tennis court on City property which would be donated to the City , at a cost of approximately $16 ,000 . Appraisals on the land were Parcel A $20,000 . , Parcel B $20 , 750 . , and Parcel C $15 ,000 . After a lengthy discussion, the proposal was tabled until legal implications of the land trade can be researched by Attorneys and a decision as to whether and how much City property the Council would consider trading for the baseball field, if the law will allow such trade . .••. The Planning and Zoning Commission, at their January 15 , 1980 , meeting, recommended preliminary approval of the subdivision presented by Idaho Land Developers of the 17. 99 acres located on Davis Street and known as the Suitor property , contingent to sewer restrictions being designated. There was a lengthy discussion regarding the density figures of the subdivision. Consensus of the Council was that the densities should be corrected before action is taken. Keith Stokes , Idaho Land Developers ' representative , requested it be tabled giving them time to research, study and perhaps revise . An additional recommendation of the Planning and Zoning Commission was the approval of the amended Hard Plat of Valley View Subdivision No. 1 presented by Rod Baldwin on behalf of Chet McGinnis . It was explained that there was no change in lots - there had been a miscalculation in the original description of the common area. Hardy moved they approve and accept the amended Hard Plat of Valley View Subdivision No. 1 and authorize the Clerk to execute same . Motion seconded by Lyons and upon vote was declared car- ried unanimously. Mayor informed the Council of the Planning and Zoning Com- mission' s scheduled Public Hearing for February 19 , 1980 , �* to consider the request of Tillotson Realty , Boise , for the annexation of eight ( 8) acres of property outside the City Limits on the East side . Mayor Evans told the Council of our submitting a preliminary request to the State Land Board this past Fall to purchase a piece of property in Section 16 which is the property where the Dog Pound is located. City received a letter from the State of Idaho, Department of Lands , dated January 14 , 1980 , with notification that our request was denied on the basis of the Railroad abandoning State of Idaho Easement No. 117 for stockyard purposes as well as the railroad right of way, so these lands will again be available for State use or disposal. The Mayor received notification from State of Idaho , Trans- portation Department that the Idaho Transportation Board • approved the City ' s application for a $1, 850 . State Grant for development of an Airport Master Plan. Hardy moved to approve the State Department of Transportation Planning Grant Agreement , Project #A-16-0023-01,and authorize the Mayor and Clerk to execute , contingent upon Attorney ' s review and approval. Ward seconded the motion and upon vote Lutes , Lyons , Hardy and Ward voted aye . Motion was car- ried unanimously. There was discussion regarding the Federal Aid application and notice of approval. The following Resol- ution was introduced, read in full, considered and adopted: Resolution of the City of McCall, Idaho , Accepting the Grant Offer of the United States of America through the Federal Aviation Administration in the maximum amount of $18,911. 00 to be used under the Planning Grant Program Project No. A-16-0023-01 in the development of McCall Municipal Airport ; and Be it Resolved by the members of the City Council of the City of McCall, Idaho, as follows : Section 1. That the City of McCall shall accept the Grant Offer of the United States of America in the amount of $18,911. 00 for the purpose of obtaining Federal Aid under Project N. A-16-0023-01 in the development of McCall Municipal Airport ; and Section 2. That the Mayor of the City of McCall is hereby authorized and directed to sign the statement of Acceptance of said Grant Offer (entitled Part II - Acceptance) on behalf of the City of McCall; and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of McCall on the afore- said statement of Acceptance; and Section 3. A true copy of the Grant Offer referred to herein is attached hereto and made a part hereof. Hardy moved the Resolution as read be adopted. Motion was seconded by Lyons and upon vote Lyons , Lutes , Hardy and Ward voted aye . Motion was declared carried unanimously and the Resolution was adopted. McCall Senior Citizens , Inc . submitted plans for the addi- tion of a garage and storage space on the East end of the Senior Citizens building to be built with a grant of $15 ,000 . 00 being received from the State Office of Ageing. They are waiting for answers to questions posed to the granting agency regarding the need of a licensed engineer or architect to design the addition and whether they are required to have a licensed public contractor or if they can hire local builders on a proposal basis . Attorney Remaklus will require a specific proposal as a provision of the present lease states that any modifications or alterations made in the structure must be approved by the City Council and that additions to the building, after completion, become part of the City property. Attorney Remaklus is to review plans presented pending further action. Payette Lakes Water and Sewer District Sanitary Sewer Ease- ment 9-E(Revision #2 ) was presented for consideration. This easement is a request to lay the pressure line along the West edge of the old Fairway No. 6 . Hardy moved the Council approve Sanitary Sewer Easement 9-E(Revision #2 ) and author- ize the Mayor and Clerk to execute same. Motion seconded by Lutes and upon vote was declared carried unanimously . Chet Putnam, Lake Shore Disposal, presented a draft ordi- nance proposal for a garbage collection franchise in the City of McCall. Some provisions of the ordinance were that it is not to be an exclusive franchise , it would not prevent • individuals from hauling their own trash to the dump but would prevent them from hauling for others , the City would provide a method of collecting all charges with the Water Department authorized to turn off water if garbage bill is not paid, and the City would keep adequate records of billings , collections , and outstanding accounts in accor- dance with generally accepted accounting principles . After a lengthy discussion, it was the decision of the Council to take the proposal under advisement until documents presented could be studied, researched, and a decision made . Ted Epley, McCall, presented a written complaint to the Council regarding a water billing to the 604 Thompson residence. He contended that the City was negligent in the collection of $76 . 00 past due account of previous owner and he requested this amount be stricken from the billing. Following discussion, Mayor assured Epley that the City would try, by various other means of collection, to collect the balance due from Terry Frasier and keep him in- formed of the progress which was agreeable with Epley . It was reported that an Idaho Liquor Catering Permit to B. P. O.E. #2569 Inc. , at the Race Tracks East of Airport , for February 2 and 3, 1980 , was approved by Chief of Police , John L. Lyon, and City Clerk, Margaret E. Fogg, on January 29 , 1980 . Mayor Evans reported on his investigation of insurance for elected City Officials and other City employees in the dis- charge of their duties in which they 're charged in court for errors or omissions and sued as individuals as well as the City. Attorneys are to review the sample policy obtained and make a recommendation at the next meeting. No further action was taken regarding a Cable TV Ordinance . Attorney Remaklus stated that it would be necessary to draft specifications wanted in an ordinance regarding Cable TV. U. S. Department of Health, Education, and Welfare, Center of Disease Control, has notified the City that the Fluor- 'o` idation Project Grant application had been received and assigned a number and that no additional information was requested at this time . Mayor Evans reported that the Telephone Company is no longer interested in our proposal to acquire some property South of Airport T Hangars by a property trade . Local manager informed him that they were in the process of locating the warehouse and pole yard at Lakefork. The latter part of January a communication was received from the Interstate Commerce Commission informing us that they had authorized the discontinuance of service by the Union Pacific Railroad Company of the line extending from railroad milepost 99 . 73 near Cascade, Idaho, to the end of the line at milepost 133. 61 near McCall, Idaho, a distance of 33. 88 miles in Valley County, Idaho. Remaklus reported that he was inves- tigating the possibility of getting a Feasibility Study Grant to determine if it would be feasible to operate the railroad as a recreational railroad. If such grant can be obtained, he ' d suggest that the Chamber of Commerce of Cas- cade and McCall apply for the grant to demonstrate wide- spread community support for the project . The Audit Report was distributed to Council members for review and comment . Auditor' s letter was discussed. It was the consensus of the Council to leave Hospital Trust Account balance in that special account rather than transfer to the General Fund Account as suggested by Auditors . Mayor reported that Auditor Harold Rife has been helping Sandra Bates , Bookkeeper, with the General Ledger and she is doing well. Mayor Evans informed the Council of a seminar type meeting, with a question and answer period, with the Police Depart- ment and City Attorneys which was a very productive meeting. Attorney Remaklus commented that he and Attorney McAlister would like the Council to know that all men of the depart- ment were present and had definitely done their homework. Also, they are planning seminars on Search and Seizure as well as Probable Cause Hearings . The purchase of the Highway Directional Signs used during Winter Carnival weekend was discussed. Because of storage problem, Councilman Lutes ' opinion was that it was better to borrow the signs . Jack Seetin was to return the signs to the State Highway Department in Boise on Wednesday , February 6, 1980 . Remaklus reported on the Log Boom. He had talked to the Chairman of the Valley County Waterways Commission, Orin Makinson, and, as soon as a meeting with the new commis- sion members is held, the log boom situation will be dis- cussed and he' ll contact the City . Upon the recommendation of Attorney Remaklus , Hardy moved that Mayor Evans be appointed to attend the E. P . A. Public Hearing meeting on February 28, 1980 , and testify on be- half of the City of McCall. Ward seconded the motion and upon vote was declared carried unanimously . Consideration of an ordinance relative to Motor Vehicles , Traffic and Parking and establishing a schedule for payment of parking ticket fines was tabled until it can be studied, discussed among the Council members and talked over with the Police. Proposed Ordinance No. 396 which would eliminate thirty- minute parking on the streets between the hours of 2 : 00 a.m. and 7 : 00 a.m. was read in full by Attorney. Lutes introduced and moved adoption of Proposed Ordinance No. 396 , AN ORDINANCE RELATING TO PARKING; AMENDING SECTION 7-7-13 OF THE VILLAGE CODE OF McCALL, IDAHO TO DELETE THEREFROM THE -PROVISION FOR THIRTY MINUTE PARKING BETWEEN THE HOURS OF TWO O' CLOCK (2 : 00) ._.. A.M. AND SEVEN O' CLOCK ( 7 : 00) A.M. Hardy moved to suspend the rules for passage of Proposed Ordinance No. 396 . Ward seconded the motion and upon vote was declared carried unanimously. Hardy seconded the motion moving adoption of Proposed Ordi- nance No. 396 and upon vote Ward, Lutes , Hardy and Lyons voted aye. There being no nay votes the Mayor announced Ordinance No. 396 was adopted. The following bills were read for payment : No. 0132 Donald R. Broughton $ 250 . 00 0133 Hugh H. Cooke 100 . 00 0134 John L. Lyon 250 . 00 0135 Janice L. Nelson 150 . 00 0136 Larry S. Olson 250 . 00 0137 Roger W. Rockwell 250 . 00 0138 Scott L. Sprague 250 . 00 0139 Donald B. Van Cleave 250 . 00 0140 Postmaster 60 . 00 0141 VOID VOID 0142 Idaho First National Bank 39 ,755 . 10 0143 Roger D. Bates 704 . 41 0144 Sandra K. Bates 636 . 24 0145 Donald R. Broughton 594 . 17 0146 Mabel Burgess 46 . 86 0147 Gloria Cantrell 276 . 45 0148 Joye S. Catlin 567 . 34 0149 Larry Chalfant 1,016 . 91 0150 Sara Martha Chitwood 593. 16 0151 Hugh H. Cooke 558. 08 0152 Robert S. Dodge 499 . 38 0153 Robert S. Dodge 197 . 24 0154 John B. Drips 615 . 33 0155 Bill A. Evans 84 . 05 0156 Donald L. Fitzwater 67 . 44 0157 Margaret E. Fogg 714 . 63 0158 James W. Hardy 67. 02 0159 Sophie T. Howard 382 . 60 0160 Jack E. Latham 322 . 50 0161 Clifford Lutes 67 . 02 0162 John L. Lyon 865 . 24 0163 James R. Lyons 67 . 02 0164 Janice L. Nelson 321. 59 0165 Larry S. Olson 700 . 64 0166 Richard T. Remaklus 795 . 81 0167 Robert H. Remaklus 507. 01 0168 Roger W. Rockwell 594 . 18 0169 W. O.J. Seetin 1,187. 74 0170 W. O. J. Seetin 217 . 75 0171 David B. Smith 1,027. 15 0172 Sandra M. Solterbeck 65 . 71 0173 Scott L. Sprague 638. 88 0174 Donald B. Van Cleave 392 . 97 0175 Ernest E. Ward 67 . 02 0176 Ernest H. Woods 209 . 16 0177 Idaho First National Bank 3 ,029 . 30 0178 State of Idaho-Tax Commission 733 . 00 0179 VOID VOID 0180 Public Employees Retirement Sys . 3,054 . 58 0181 Association of Idaho Cities 1,244 . 75 0182 American Family Life Assr. Co. 22 . 70 0183 Hugh H. Cooke 150 . 00 0184 Postmaster 97 . 30 0185 Russ Smith 3 . 50 No. 01.86 Secretary-Treasurer, Idaho Water & Wastewater Operators Certification S 12 . 00 0187 Wycoff 6 . 07 0188 Margaret E. Fogg 37 . 05 0189 Maury Ainger 13 . 50 0190 Rick Bollar 35 . 50 0191 Tom Chaloupka 29 . 00 0192 Dempsey Eddins 29 . 00 0193 Don Fitzwater 39 . 00 0194 Bill Florence 10 . 50 0195 Tom French 39 . 00 0196 Bill Gilbert 3 . 50 0197 Boyd Gilbert 66 . 50 0198 Danny Gray 35 . 50 0199 Tom Ireland 22 . 00 0200 Glen Jackson 25 . 00 0201 Jim Madden 20 . 00 0202 Ken Medley 13 . 50 0203 Dirk Onweiler 18. 50 0204 Dave Smith 34 . 00 0205 Harry Stathis 10 . 00 0206 Ernie Woods 10 . 00 0207 Dick Yelton 20 . 00 0208 Lyle Akkerman 12 . 00 0209 Lanny Axtell 18 . 00 0210 Jim Beaver 12 . 00 0211 Mike Coffee 18. 00 0212 Rick Freudenthal 12 . 00 0213 Jack Fuller 39 . 00 0214 Dean Hovdey 12 . 00 0215 Bob Jacobson 18. 00 0216 Greg Kimball 12 . 00 0217 Dave Kirk 6 . 00 0218 Lathar Kossik 12 . 00 0219 Dan Krahn 18. 00 0220 Shawn Miller 36 . 00 0221 Steve Tracy 24 . 00 ---s. 0222 Dennis Wilson 6 . 00 0223 Hugh H. Cooke 118 . 05 0224 Acheson Motors 75 . 00 0225 The Art Mart , Inc. 54 . 33 0226 Arrowhead Machinery Company 290 . 65 0227 Bill ' s Union 76 41. 88 0228 Brown' s Industries , McCall Div. 161 . 68 0229 VOID VOID 0230 Chevron U. S.A. Inc . 2 ,620 . 89 0231 Consolidated Supply Co. 2 ,995 . 72 0232 Continental Tel. Co. 517 . 75 0233 Deweys Inc. 17 . 32 0234 Doubleday & Company, Inc . 351 . 94 0235 Freeburg' s 39 . 75 0236 G. A. Thomson Co. 44 . 95 0237 Gem State Paper & Supply 36 . 15 0238 H & W Plumbing and Electric 54 . 97 0239 Idaho Business Machines 44 . 50 0240 Idaho Mountain Graphics 61. 33 0241 Idaho Power Company 2 ,747 . 61 0242 Idaho Sportingg Goods Co. 30 . 02 0243 Internatio Business Machines 16 . 20 0244 Interstate Business Equipment 26 . 00 0245 Lake Shore Disposal 75 . 00 0246 Lakeside Conoco 31. 00 0247 Luckey Laboratories , Inc. 98. 88 0248 Machinery West , Inc. 178. 20 0249 May Hardware , Inc . 113 . 21 0250 McCall Appliance Repair 36 . 00 0251 McCall Auto Supply 4 . 49 0252 McCall Fire Department 5 . 50 0253 McCall Rental & Sales 10 . 00 0254 McCall Shell & Radiator 42 . 00 0255 McCall Texaco 151. 10 0256 Medley Sports 19 . 29 0257 . Men' s Wardrobe 36 . 96 0258 The Merc 1 . 20 0259 Mining & Civil Engineering 60 . 00 0260 The Mother Earth News 28 . 00 No. 0261 Mountain Folk Wilderness Equip . 45 . 00 0262 Norco 8. 25 0263 OSC Data 169 . 29 0264 Outside 12 . 00 0265 Payette Lakes Lumber Co. 110 . 32 0266 Quality Books , Inc. 46 . 38 0267 Quality Paperback Book Club , Inc . 19 . 59 0268 Quill Corporation 9 . 13 0269 Radio Shack 19 . 53 0270 Recreational Equipment , Inc . 110 . 65 0271 Rife, Wilson & Przybylski 1,975 . 00 0272 SArgent-SOwell, Inc . 31. 83 0273 Shaver' s 22 . 97 0274 Sonny ' s Tire Service 157 . 37 0275 Southworth 18. 95 0276 Sports Marina 65 . 00 0277 Stans Auto Parts 391. 26 0278 Star-News 23 . 22 0279 Starline Equipment Company 30 . 87 0280 State of Idaho, Surplus Property Agency 39 . 30 0281 F. B. Leopold Company 73 . 03 0282 Time Life Books 26 . 99 0283 Uniformity Plus 92 . 50 0284 Union Oil Co. of Calif. 11. 60 0285 Valley County Solid Waste Dis . 417 . 60 0286 W. S. Darley & Co. 14 . 20 0287 Western Equipment Company 685 . 60 0288 Western Equipment Company 1,324 . 38 0289 William A. Kirk Agency , Inc . 402 . 00 0290 Williamsen Truck Equipment Cor. 204 . 28 0291 Yanke Machine Shop , Inc . 12 . 75 0292 Car Care Center 20 . 05 0293 State Insurance Fund 6 , 344 . 28 Following the reading of the bills , Hardy moved the bills be approved and ordered paid. Lyons seconded the motion and upon "- vote Lutes , Hardy, Lyons and Ward voted aye . The Mayor de- clared the motion carried unanimously. Mayo s decla d rn; fueeting adjourned at 11 : 35 p .m. u it Ma ch 3, , at 7 .00 p .m. . 1 A. Ev , Mayor Ma ga et E. Fogg, MARCH 3 , 1980 A regular meeting of the City Council of the City of McCall was held on the above date . Members present were Mayor Evans , Councilmen Ward, Lutes , Lyons and Hardy. The following busi- ness was transacted. The minutes of the February 4th meeting were read and approved as read. Mayor Evans reported the Planning and Zoning Commission had held a public hearing February 19 , 1980 , on the Tillotson Realtors request for annexation of the eight (8), of thirty eight (38), acres of property outside the City Limits on the fSoutheast Boundary of the City. Their entire thirty acres are outside the Payette Lakes Water and Sewer Project . The Commission recommended that , upon annexation, the eight (8) acres be zoned the same as the property within the City , Urban Agriculture and Recreation. Hardy moved that a public hearing be advertised for April 7 , 1980 , to consider the annexation of the Tillotson property in Southeast portion of the City and the recommended zoning for the area, should it be annexed. Lutes seconded the motion and upon vote was declared carried unanimously. Hank Knowles asked for clarification of the ordinance re- garding dog licensing. His understanding was that , if a person had three or more dogs , he would be required to buy a kennel license in addition to buying a dog license for each dog, which interpretation was verified as correct . After dis- cussion, Knowles requested the Council consider amending the ordinance so that if one has three or more dogs they purchase a Kennel license and wouldn' t be required to buy a license for each dog, or the number of dogs be raised before Kennel license requirement . Knowles is also concerned with new water hookups being made when he can' t use City water during the summer because of low water pressure . He inquired whether we 're going to have adequate water supply and what is going to be done about it . His suggestion was to go on an alternate odd/even watering period through summer months . After dis- -.., cussion and reference to the grant application to build a pumping plant on the West side of the Lake which would al- leviate the situation, it was the consensus of the Council to watch developments this Summer and see if the situation can be helped. Remaklus informed the Council that the form requested from the Brundage Mountain Bath and Raquet Club to transfer the additional development rights to the City of McCall is being prepared but has not been put in final form as yet . Attorney Remaklus reported on his research of the road right of way shown on the Airport Business Park plat . There is no dedicated street and there is not enough property for a dedicated street . The land trade at the Baseball Fields with Idaho Land Devel- opers was discussed with regard to proper procedure and re- quirements . The decision was to discuss the trade further but , until a specific trade proposition is made , no further action be taken. Attorney Remaklus explained that he has not seen any plans or specifications on the Senior Citizens ' request to enlarge their building so there is nothing to act on at this time . Remaklus recommended that , before permission is granted, the Council approve the plans and specifications for the addition, find out who is the builder, and have a written acknowledgment from the Senior Citizens stating they under- stand the conditions of the lease whereby the addition be- comes a part of the building and property of the City after completion. After discussion of errors and omissions insurance coverage , Hardy moved the Clerk be instructed to advertise for public officials and employees liability insurance bids using the specifications that we have . Lyons seconded the motion and upon vote was declared carried unanimously . Attorney Remaklus requested that action on an Ordinance adopting the Idaho Building Code be deferred to a later meeting giving the attorneys time to review the proposed codes with the City Engineer. U. S. Forest Service ' s request for permission from the City of McCall to operate DC-6 tanker aircraft on the airport was discussed. Smith and Kangas Engineers , Inc . made recom- mendations to the City in a letter dated January 22 , 1980 , that the operation of DC-6 would probably not result in pavement damage because the pavement section was designed for 40 ,000 pound single gear gross weight which is approx- imately equivalent to 60 ,000 pound double gear gross weight aircraft . They also recommended the City not accept res- ponsibility for the operations since they have no control over the operations . Attorney McAlister' s letter of March 3 , 1980 , to the City was read in full regarding the request for Air Tanker Operations at McCall Airport by U. S .F. S. which gave the opinion that there is no legal bar to the City granting permission to the Forest Service for the aircraft use requested. The letter stated further that , since it is not certain that damage will not occur, the City should assume no responsibility nor liability for damage to the airport , aircraft , or any other damage . It was the consensus of the Council to have a draft agreement with the Forest Service prepared by the Attorneys . Attorney Remaklus addressed the Council with reference to the public hearing held February 28, 1980 , concerning the continued funding of Payette Lakes Water and Sewer District project by E. P. A. Considerable concern was expressed by E. P.A. and members of the public about land use planning controls . Remaklus recommended that the Mayor and Council advise the City Plan- ning and Zoning Commission jointly with the County Planning Commission to hold public hearings regarding two proposed amendments to the Area of City Impact Ordinance : (1) To speci- fically corporate the sewer district facilities plan density map into the ordinance and make it a part of the ordinance. Further to consider the carrying of the sewer district dens- ities , as set forth on the density map, into the City should the City annex property which is now in the sewer district . (2 ) To consider an amendment transferring administration of the Impact Area Zoning Ordinance from the County to the City . Attorney Remaklus recommended the City Council consider adop- ting a policy immediately, by Resolution, that , upon annex- ation of properties that are now within the sewer district , the sewer district densities to apply. It was Remaklus ' opinion that these actions are important to the continued funding of the project by the Envionmental Protection Agency . After discussion, Hardy moved to recommend to the City Plan- ning and Zoning Commission and County Commissioners to publish notice and hold public hearings to incorporate the sewer district ' s design density facility map into the Impact Area Zoning Ordinance and the administration of the Impact Area given to the City, if it can be done legally. Lyons seconded the motion and upon vote was declared carried unanimously . Proposed Ordinance No. 397 , an ordinance related to zoning of Wolfe, Evergreen Terrace , and Williamson/Eddins properties was read at length by Attorney Remaklus . Hardy introduced and moved adoption of proposed Ordinance No. 397, AN ORDINANCE RELATED TO ZONING; CHANGING ZONE CLASSIFICATION OF CERTAIN PROPERTY; AND AMENDING THE "MAP OF ZONING" AND DIRECTING THE CITY ENGINEER TO ENDORSE SUCH CHANGE ON SAID MAP . Lutes moved to suspend the rules for passage of proposed Ordinance No. 397 , seconded by Hardy and upon vote was declared car- ried unanimously. Lyons seconded the motion moving adoption of proposed Ordinance No. 397 and upon vote Lutes , Lyons , Hardy and Ward voted aye. There being no nay votes the Mayor declared Ordinance No. 397 adopted. Mayor presented the question as to whether or not the Council wished to proceed with an Ordinance on Cable TV Franchise . Gary Potter spoke regarding a non-exclusive franchise which he has proposed, stating that the City can control rates and receive some revenue set at 3% maximum of gross revenues . City Attorney outlined the procedure necessary for granting a Cable TV Franchise. After a lengthy discussion, Hardy moved the Attorney be instructed to initiate necessary steps to proceed with an Ordinance for a Cable Television Franchise . Motion seconded by Ward and upon vote was declared carried unanimously. Mayor Evans requested that a decision be made regarding the request for a Sanitary Solid Waste Ordinance Franchise. Hardy, Ward, Lutes and Lyons expressed similar opinions that they did not think the City wanted to get in the garbage business which would mean hiring additional employees to administer an individual' s business at additional expense to the City. After a lengthy discussion, Hardy moved that Chet Putnam, dba Lake Shore Disposal, be advised that the Council is not in favor of a solid waste pickup franchise . Motion was seconded by Lyons and upon vote was declared carried unan- imously. A letter had been received from Department of Transportation, Federal Aviation Administration with information that they had received the executed grant agreement for the McCall Airport Master Plan project , all was in order, and the con- sultant be advised to begin work. Ralph Kangas delivered an executed copy of the Planning Grant Agreement on the McCall Airport , Project #A-16-0023-01, from State of Idaho, Transportation Department with a letter giving State ' s Notice to proceed on the Master Plan. Ralph Kangas presented and reviewed his Agreement For Engineering Services to complete an Airport Master Plan. Agreement was consistant with grant application, total con- tract amount being $22 ,610 . 00 with City 's portion to be $1, 849 . 50 , and will have a total of eleven (11) months to complete contract . City is to make the initial expenditures with reimbursement being made from the Federal government . Attorney Remaklus approved the Agreement for Engineering Services as in proper form to be executed. Following dis- cussion, Hardy moved they accept the Agreement For Engineer- ing Services from Smith & Kangas Engineers , Inc. , authorize the Mayor and Clerk to execute the documents , and issue the engineers notice to proceed with their work. Lutes seconded the motion and upon vote Lyons , Lutes , Hardy and Ward voted aye . There being no nay votes Mayor Evans declared the motion carried unanimously. Kangas recommended there be a Technical Review Committee of seven ( 7) people appointed to work with them while pre- paring the Airport Master Plan. Kangas announced there would be a Public Meeting with State and F . A. A. officials on March 24 , in the City Hall (American Legion room) at 7 : 30 p.m. Mayor Evans informed the Council that a revised appraisal for the Mill Park had been received. The appraisal of $497 ,600 . 00 value of the property was made on the basis that the develop- ment work would provide a riprap sea wall to protect the land fill. If City is satisfied with this appraisal, the State Park will submit it to the reviewer in Couer d 'Alene area, Mr. Acuff. As soon as a review is made , if he is in agreement with the appraiser, we can anticipate the State ' s action on the request . As usual the City will have to pay the reviewer' s fee . Applications for Beer and Wine License for Danielle ' s Restaurant and Bakery was presented for action. Lyons moved that Danielle ' s Restaurant and Bakery Application for Beer License, to be consumed on the premises and not to be con- sumed on the premises and Application for Wine-by-the Drink License be approved and granted. Ward seconded the motion and upon vote was declared carried unanimously. The City Clerk reminded the Council that the "T" Hangar Leases state that the leases shall be reviewed at the end of each year and rental for the succeeding year shall be increased at the same rate as the Consumer Price Index of the immediate past year. After discussion, Hardy moved that the Clerk be instructed to bill "T" Hangar rental according to lease and increase rental fee by Consumer Price Index fi/gures . Lutes seconded the motion and upon vote was de- clared carried unanimously. The following Resolution was introduced, read in full, considered and adopted: RESOLUTION In order to comply with the population densities established by the Payette Lakes Water and Sewer District covering the lands within its boundaries and in order to maintain such population densities should such lands be annexed to the City of McCall, Idaho, Be it resolved by the Mayor and Council of the City of McCall, Idaho, as follows : In the event that land situate within the boundaries of the Payette Lakes Water and Sewer District are annexed to the City of McCall the population densities assigned to such lands pursuant to the population density map consti- tuting a part of the facilities plan of the Payette Lakes Water and Sewer District shall apply to and be binding upon the City of McCall, Idaho. Hardy moved the Resolution as read be adopted. Motion was seconded by Lutes and upon vote Lyons , Lutes , Hardy and Ward voted aye. Motion was declared carried unanimously and the Resolution was adopted. Remaklus stated the State of Idaho was working on a grant to study the feasebility of operating the recreational railroad. If the grant is awarded, it will probably be in the amount of $16 ,000 . 00 and will come from the Northwest Regional Com- mission which is composed of the Governors from Washington, Oregon and Idaho. Remaklus had received no word from the County Waterways Com- , mission regarding the Log Boom. He will follow up on this situation with Orin Makinson, Chairman of the Commission. Ward reported on a meeting with John Drips , Golf Pro, and Recreation Department employees . Informed Council of increased cost of equipment included in 1979/1980 budget . Also suggested the need of additional financing for proposed new Caddy House . Rates at the Golf Course for this season were discussed. No action was taken. Lutes reported on the volume of dog handling during the month of February for McCall and Cascade . Lyons had received a request from Kay Morin for a street light on Forest Street in front of Bill Walker' s home . Lyons con- firmed a need for this light , which would cost an additional $5 . 00 per month. Hardy moved that the installation of one ( 1) street light on Forest Street , in vicinity of Bill Walker home, be approved. Lyons seconded the motion and upon vote was declared carried unanimously. The following bills were read for payment . No. 0294 Idaho First National Bank $65 ,000 . 00 0295 Idaho Power Company 108. 70 0296 Sandra Bates 50 . 00 0297 Donald R. Broughton 250 . 00 0298 John L. Lyons 250 . 00 0299 Janice L. Nelson 150 . 00 0300 Larry S. Olson 250 . 00 0301 Roger W. Rockwell 250 . 00 0302 Scott L. Sprague 250 . 00 0303 Donald B. Van Cleave 250 . 00 0304 McCall Police Department 20 . 96 0305 Roger D. Bates 684 . 43 0306 Sandra K. Bates 551. 87 0307 Donald R. Broughton 594 . 17 0308 Mabel Burgess 35 . 14 0309 Gloria L. Cantrell 238. 62 0310 Joye S. Catlin 567 . 34 0311 Larry Chalfant 964 . 98 0312 Sara Martha Chitwood 593 . 16 0313 Hugh H. Cooke 808. 08 0314 Robert S. Dodge 462 . 16 0315 John B. Drips 615 . 33 0316 Bill A. Evans 84 . 05 0317 Donald L. Fitzwater 67 . 44 0318 Margaret E. Fogg 714 . 63 0319 James W. Hardy 67. 02 0320 Sophie T. Howard 255 . 32 321 Jack E. Latham 322 . 50 322 Clifford Lutes 67. 02 0323 John L. Lyon 865 . 24 0324 James R. Lyons 67 . 02 0325 Ralph R. Murray 624 . 72 0326 Janice L. Nelson 289 . 21 0327 Larry S. Olson 700 . 64 0328 Richard T. Remaklus 795 . 81 0329 Robert H. Remaklus 507 . 01 0330 Roger W. Rockwell 594 . 18 0331 W. O.J. Seetin 1,187 . 74 0332 W. O. J. Seetin 217 . 75 0333 David B. Smith 973 . 91 0334 Sandra Marie Solterbeck 39 . 43 No. 0335 Scott L, Sprague S 638 , 88 0336 Donald B. Van Cleave 392 , 97 0337 Ernest E. Ward 67 , 02 0338 Ernest H. Woods 209 ,16 0339 Idaho First Nat 'l Bank 2 ,961. 00 0340 State Tax Commission 708, 20 0341 Public Employees Retirement 3 ,107 . 00 0342 Association of Idaho Cities 1,244, 75 0343 American Family Life Assurance co. 22 . 70 0344 Postmaster 45 , 00 0345 Postmaster 96 . 40 -.,. 0346 Idaho First Nat ' l Bank 1 ,135 , 75 j 0347 Maury Ainger 55 . 50 0348 Rick Bollar 40 . 50 0349 Tom Chaloupka 25. 50 0350 Dan Cochran 17 . 00 0351 Dempsey Eddins 19 , 00 0352 Don Fitzwater 69 , 00 0353 Bill Florenece 59 . 00 0354 Tom French 54 . 00 0355 Boyd Gilbert 63 , 00 0356 Danny Gray 49 , 00 0357 Bill Haworth 7 . 00 0358 Tom Ireland 40 , 00 0359 Glen Jackson 35 , 00 0360 Jim Madden 55, 50 0361 Ken Medley 35 , 00 0362 Dirk Onweiler 32 . 00 0363 Gary Richiusa 30 , 00 0364 Dave Smith 35 , 50 0365 Harry Stathis 25 . 00 0366 Ernie Woods 13 , 50 0367 Dick Yelton 35 . 00 0368 Sandra Bates 19 . 00 0369 McCall Police Dept . 58. 20 0370 Donald Van Cleave 515 . 00 0371 Dick Woods 45 , 00 0372 Hugh H. Cooke 91. 19 0373 Lyle Akkerman 6 . 00 0374 Lanny Axtell 18 . 00 0375 Jim Beaver 24 , 00 0376 Mike Coffey 6 . 00 0377 Rick Freudenthal 12 . 00 0378 Jack Fuller 75 . 00 0379 Mike Isola 24 . 00 0380 Bob Jacobson 24 . 00 0381 Lothar Kossik 30 , 00 0382 Dan Krahn 12 . 00 0383 Steve Loveless 6 , 00 0384 Shawn Miller 42 . 00 0385 Steve Tracy 18 , 00 0386 Dennis Wilson 12 , 00 0387 Acheson Motors 100 . 00 0388 Arnold Machinery Co. 51. 85 0389 The Art Mart , Inc . . 6 . 66 0390 B B & B Electric 51. 92 0391 Bill ' s Union 76 28, 50 0392 Boise State University 12 . 00 0393 Boyd Martin C. 964 . 51 0394 Brodart , Inc. 5 , 90 0395 Brown' s Industries 94, 47 0396 Car Care Center 11. 50 0397 Cashway Electric & Plumbing 37 . 90 0398 Chevron U. S .A. Inc . 1,961. 56 0399 Cornell Pump Co. 418. 28 0400 Consolidate Supply Co. 758. 49 0401 Continental Telephone System 483 , 88 0402 Eagle 47 . 84 0403 F. Stop Film & Camara 3 , 20 0404 Fuel Inc . 9 . 95 0405 Gem State Paper & Supply 179 . 56 0406 Gordon' s Books , Inc. 8 . 63 0407 Great Western CHMical Co. 351, 00 0408 H & W Plumbing & Electric 28,98 0409 Idaho Dept . Of Health & Welfare 85 . 00 No. 0410 Idaho Div. Of Aeronautics $ 39 ,56 0411 ITD-Div. of Aeronautics/PT 1,500 ,00 0412 Idaho Mountain Graphics 85 .13 0413 Idaho Power Co. 2 ,886 , 40 0414 Ingram 658 , 31 0415 Interstate Business Equip, INc , 125 ,00 0416 Jerryts 17 , 50 0417 L & K Electric 275 . 00 0418 Lake Shore Disposal 75 , 00 0419 Lake Side Conoco 61, 70 0420 Lik Crik Hobby 51. 00 0421 May HARDWARE, Inc , 58, 06 0422 Markts Chevron Service 20 .95 0423 VOID VOID 0424 McCall Auto Supply 11. 54 0425 McCall Jewelers 32 . 65 0426 McCall Rental & Sales 20 . 00 0427 McCall Rexall Drug 9 , 71 0428 McCall Shell & Radiator 46. 14 0429 McCall Volunteer Ffie Dept , 17 . 25 0430 Medley Sports 28 , 80 0431 Men' s Wardrobe Inc. 136 ,19 0432 The Merc 33 , 00 0433 National Geograpn.ic. 5 . 75 0434 Norco 186 . 01 0435 OSC Data 169 , 79 0436 Payette Lakes Lumber Co. 47, 47 0437 Pioneer Aviation, Inc . 5 ,10 0438 Quality Paperback Book Club , Inc, 28. 51 0439 Robert H. Remaklus 30 , 55 0440 Shaver''s 28, 56 0441 Shell Oil Co. 18 , 05 0442 Silver Burdett Co. 19 . 29 0443 Smith & Kangas Engineers , Inc , 2 ,480 , 00 0444 Smithsonian Exposition Books 18,77 0445 Snowbird Laundry & Dry Cleaning 74 , 25 0446 Sports Marina 6 , 50 0447 Sonny ' s Tire Service 99 . 38 0448 Stans Auto Parts 326 , 86 0449 Star-News 39 .14 0450 Sterling Codifiers Inc, 132 . 25 0451 Troy Ldy, & Dry Cleaning 25 . 80 0452 Union Oil Co, Calif. 43 . 44 0453 The U. S , Congress Handbook 3 . 50 0454 Wesco 526 , 14 0455 Western Equipment Co. 1, 324 . 38 0456 William A. Kirk Agency , Inc , 2 ,126 . 00 0457 Dick Woods 55 , 00 0458 McCall App, Repair 123. 70 0459 Idaho First Nat ' l Bank 40 ,000 , 00 Following the reading of the bills Hardy moved the bills be approved and ordered paid. Motion was seconded by Lyons and upon vote Lyons , Hardy, Lutes and Ward voted aye , Motion was declared carried unanimously. Maw .Flans decla me ting adjourned at 10 : 24 p,m. until Ap�i• 7, 1980 , 2 : 00 .m A. Ev n , Mayor Ma ga t E. Fogg, GQ rI,2 APRIL 7, 1980 A regular meeting of the City Council of the City of McCall was held on the above date . Members present were Mayor Evans , Councilmen Lutes , Hardy, and Lyons , Councilman Ward was absent . The following business was transacted. The minutes of the March 3rd meeting were read and approved as read. Mayor Evans announced that this was the date and the time advertised to hold a public hearing to consider the Tillotson Realtors request for the annexation of an eight ( 8) acre portion of the SE1/4SE1/4 of Section 16 , T. 18 N. , R. 3 E.B.M. , Valley County, Idaho. The Planning and Zoning Commission held a public hearing on this request February 19 ,1980 and have recommended that ,upon annexation, this property be zoned Urban Agriculture and Recreation. There was no one present to be heard on behalf or opposed to the annexation. Hardy moved to approve for annexation the following described tracts of land: "A portion of the SE4SE14 of Section 16 , T. 18N. , R. 3E. , B.M. , Valley County, Idaho, being more particularly described as follows : r,N Commencing at the east one-quarter corner of Section 16 , T. 18N. , R. 3E. , B.M. , Valley County, Idaho, thence S . 0°12120"W. along the east section line of said Section 16 , 1321 . 08 feet to C� �1 the northeast corner of the SE4SE4 of said Section 16 , the real �" point of beginning; thence S . 0°12 ' 20" W. along said east section ^ v line, 349 . 07 feet to a point; thence S . 89°59 'W. , 1000 . 78 feet to a point; thence N. 0°1l " 28"E . , 348 . 27 feet to a point on the north boundary line of said SE4SE4i thence N. 89°56 ' 16" E . along said north boundary line, 1000 . 87 feet to the real point of beginning. Said tract of land contains 8 . 01 acres more or less , subject to easements of record or in use. " to be zoned Urban Agriculture and Recreation. Lyons seconded the motion. Latham inquired if there was any reason for annexing this eight (8) acres into the City other than for owner' s benefit . After discussion the Mayor called for a vote on the motion before the Council and upon vote Lyons , Hardy, and Lutes voted aye . Mayor declared the motion car- ried unanimously. John Drips , Golf Pro, explained that they had run into a problem with the maintenance operation of the Golf Course . When the budget was prepared for the 1979/1980 year, a budget figure of $18, 000 . for equipment was included. Items omitted from the budget were equipment maintenance $2 ,000 . , spreader $1, 000 . , Cushman & attachments $7 ,000 . , and Sealant for Cart Paths $3 , 000 . Plus there is a price increase of $3 ,500 . on —* the Fairway mower. Based on this problem, Drips proposed green fees be increased to provide an additional $15, 000 . revenue . He stated that it may be possible to lease/purchase equip- ment for this year with the balance of payment to be paid in the next fiscal year. Drips said that it has been two years since there had been a raise or change in the fee structure and he proposed the following raises in order to raise the revenue necessary to cover the increase in expenditures : Green Fees $7. 00, Single Pass $125 . 00 , Couple Pass $200 . 00 , College Pass $75. 00 , Junior Pass S30 . 00 , Electric Cart $80 . 00 , and Gas Cart $60 . 00 . After a lengthy discussion Hardy moved the Council approve the increase in the Municipal Golf Course Fee Structure as follows : Green Fees $7 . 00 , Single Pass $125 . , Couple Pass $200 . 00 , College Pass $75 . 00 , Junior Pass $30 . 00 , Electric Cart $80 . 00 , and Gas Cart $60 . 00 . Lyons seconded the motion and upon vote Lyons and Hardy voted aye . Lutes voted nay. Motion was declared carried. Mayor Evans announced that he had a request from Kate Kelly to be put on the agenda for a "fifteen-minute" discussion on • the issue of floridation of the municipal water supply . Among those speaking in opposition to the floridation of the water supply was Bill Timms , Jan Williamson, Pearl Clifton, Ken Kuhne , and Kay Moren. Remarks made were that floride is de- trimental to one ' s health, it would only benefit the childen of the area which would be a small percentage and believed it was a family' s business whether or not a child's teeth is protected by floride treatment not a governmental decision. Timms wished to go on record as requesting a vote of the citizens on this issue . Dr. Clyde Archer, local dentist , Rick Mallory, Jack Latham, and Dr. T. L. Brock, dentist from the State Department of Health and Welfare Office ,spoke sup- porting the plan. Dr. Brock stated that there has been over 1,000 different research studies on this public health issue . Foride does benefit elderly people , by strengthening their bones , and these people have less calcification in their large arteries , although water floridation is basically a program for the children. Replying to a question raised as to whether the Council' s decision had been made , Mayor Evans explained that the City Council had authorized the submission of the grant application to the Center of Diseased Control of the Federal Health Department for a project grant to install the floridation in all municipal water supplies . The project application has been submitted and the City is in receipt of notice that it was received, is complete , and we 'd hear from them in the future . In answer to an inquiry regarding a vote by the people on the issue , the Mayor suggested that for those people who are apposed to the floridation program there are provisions in the Idaho Code for Initiative Refer- endum Election. Idaho Transportation Department , Division of Aeronautics and �.— Public Transportation sent Courtesy Car Agreements to the City for signatures . Attorney Remaklus had reviewed the Agree- ments and found them to be in order. Lutes moved that the Courtesy Car Agreements on the 1964 Plymouth, 1961 Ford Sta- tion Wagon and the 1970 Ford Sedan be approved and authorize the Mayor and Clerk to execute same. Motion was seconded by Hardy and upon vote was declared carried unanimously . Mayor Evans asked Hardy to research and propose some type of agree- ment between the FBO responsible for the Courtesy cars and the City. Attorny McAlister reported that Idaho Land Developers had not been back with ownership of road they plan to use for access to Airport Business Park development . A draft of a letter to the U. S. Forest Service granting per- mission to use the McCall airport for air tanker operations involving DC6 tanker aircraft and restrictions imposed upon the grant of permission was read at length by City Attorney. It was the consensus of the Council that the letter contained what was needed. Mayor asked the Attorney to prepare the let- ter on City stationery for mailing to the Forest Service . Chamber of Commerce Board had reviewed and approved the --- lease for office space at the Depot . The Chamber has Lia- bility Insurance, which is paid by them, for $100 ,000 . 00 per person, $3, 000 ,000 . 00 per accident , and $50 ,000 . 00 property damage for each accident . In addition to the payment of $120. 00 office space rental per year, they are to pay monthly, when billed, for a proportionate share of the electrical and heating bills of entire building. Hardy moved to authorize the Mayor and Clerk to execute the Chamber of Commerce Lease for office space in Depot building. Lutes seconded the motion and upon vote was declared carried unanimously. Proposed Ordinance 398, an ordinance relating to motor vehicles , traffic and parking, was read at length. Police Chief Lyons had recommended a parking ticket fine of $15 . 00 . After dis- cussion, it was the consensus of the Council the fine be changed to $5. 00 and Hardy introduced and moved adoption of Proposed Ordinance No. 398, AN ORDINANCE RELATING TO MOTOR VEHICLES, TRAFFIC AND PARKING; AMENDING TITLE VII OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION THERETO OF A NEW CHAPTER 1 A, ADOPTING THE MOTOR VEHICLE LAWS OF THE STATE OF IDAHO, 1979 REVISED EDITION; REPEALING SECTION 7-3-10 OF THE VILLAGE CODE OF McCALL, IDAHO; AMENDING CHAPTER 3 OF TITLE VII OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION OF A NEW SECTION 7-3-10 THERETO, PROVIDING FOR PRO- "" MULGATION OF TRAFFIC RULES AND REGULATIONS UPON THE STREETS AND ALLEYS OF THE CITY OF McCALL, IDAHO, BY THE CHIEF OF POLICE; PROVIDING A PROCEDURE TEREFOR, MAKING IT UNLAWFUL TO VIOLATE SUCH RULES AND REGULATIONS AND PROVIDING A PENALTY THEREFOR; AMENDING CHAPTER 7 OF TITLE VII OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADOPTION OF A NEW SECTION 7-7-23, PROVIDING FOR ISSUANCE OF PARKING TICKETS , PROVIDING A PROCEDURE FOR PAYMENT THEREOF TO THE CITY TREASURER; MAKING IT UNLAWFUL TO FAIL TO MAKE SUCH PAYMENTS AND PROVIDING A PENALTY THEREFOR. Lutes moved to suspend the rules for passage of proposed Ordinance No , 398 , seconded by Lyons and upon vote was declared carried unanimously. Lutes seconded the motion moving adoption of proposed Ordi- nance No. 398 and upon vote Lutes , Lyons and Hardy voted aye. Mayor declared Ordinance No. 398 adopted. A letter from Rife , Wilson & Przybylski presenting audit terms for the period from October 1, 1979 to September 30 , 1980 was read in full. Hardy moved to accept the proposal of Rife , Wilson and Przybylski* and authorize the Mayor and Clerk to sign the contract agreement . Lyons seconded the motion and upon vote Lyons , Lutes and Hardy voted aye . Mayor declared the motion carried unanimously. A letter was received from State of Idaho, Department of Health and Welfare pursuant to requirement of Section 1-8306 of the Idaho Regulations for Public Drinking Water. A Cross Connection Control Program is to be drafted, adopted and implemented before July 1, 1980 . The program is to be drawn up by the Water Purveyor and reviewed for approval by Health and Welfare Department and is necessary to give reasonable assurance that public water supplies are protected from backflow of toxic or objectionable materials . An ordinance , pertaining to cross connections including assurance that water will not be supplied to facilities or premises which fail to correct cross connections , is to be drawn. Since the March 3rd, 1980 discussion of a franchise proposal by Lakeshore Disposal, we received a letter dated March 17 , 1980 which was written by Richard Udel and addressed to Chet Putnam of Lakeshore Disposal. The letter implied the City would be obliged to grant such franchise , Attorney McAlister advised that the decision is at the discretion of the City Council and they did not have to abide by the suggestions of this letter. The City Planning and Zoning Commission had received a letter from Don Eberle stating concern about an apparent disregard of zoning restrictions on the part of Ron Kaercher, purchaser of the Thompson residence at 137 E. Lake Street , in adding an additional apartment , making a total of five (5) resi- dences on property zoned for three ( 3) residences . After discussion, it was the consensus of the Council that the City Attorney draft Kaercher a letter informing him that this additional apartment cannot be occupied. Mayor Evans explained the problem of Randy Hart ' s encroach- ment in the City right-of-way at 505 Lenora. Hart was dis- covered building and remodeling his home without a building permit . A stop order was put on the building until he ob- tained a building permit . The preliminary survey by Hart for the required plot plan revealed that the present house is approximately 18 ' into the 60 ' street right-of-way . The question put before the Council was whether the Council wishes to perpetuate the situation by allowing the encroach- ment to continue and additional remodeling done , After lengthy discussion the problem was taken in abeyance until Council members could observe the encroachment and obtain recom- mendations from the City Attorney regarding the matter. State of Idaho, Department of Lands sent a letter to the City asking for comments regarding a notice of application for a sewerline to be placed in Payette Lake on West side by Payette Lakes Water and Sewer District . Hardy moved that the Mayor be authorized to sign the Payette Lakes Water and Sewer District Encroachment Permit Application ERL -65-S-403 indicating the City has no objection to the encroachment . Motion was seconded by Lutes and upon vote was declared carried unanimously. The Councilmen were polled March 10 , 1980 regarding an Environmental Studies Group from University of Washington who wished to interview some of the City people for opinions as to a possible mediation meeting between the Home Owner's Association, Payette Lakes Water and Sewer District , the City of McCall and Valley County . Lutes , Hardy and Lyons had not objection to the mediation, if it was possible at no cost to the City . Ward was not contacted. Lutes moved to confirm their March 10 , 1980 action of approval of joint meetings for mediation. Hardy seconded the motion and upon vote was declared carried unanimously, *estimating that the total fee shall not exceed $2 ,000 . 00 Mayor Evans had received a letter from Carl H. Shaver of Shaver' s sighting a possibility of the McCall Post Office obtaining additional ground to provide off street parking and urging support end encouragement of this badly needed service . Robert Anderson and Anderson ' s Associate of Sundance Con- struction who represent The Aspen Condominiums P . U. D. appeared before the Council requesting a sewer availability commitment for their project . The Planning and Zoning Com- mission had granted preliminary approval of the development plan on March 4 , 1980 and a public hearing date had been set for April 15, 1980 . It was explained that , until the Public Hearing with the Planning and Zoning Commission had been held and a recommendation given to the City Council by the Commission, it is not presented for consideration by the City Council. No action was taken. At their March 4, 1980 meeting of the McCall Planning and Zoning Commission action was taken to recommend approval of the "Amended Plat" for Dave Hambright ' s propey on Sampson Trail. When Hambright approached the County for an "Amended Plat" he was informed that it was not done in that manner. He is to make a decision as to what he does want to do. No action was taken at this time . Mayor Evans announced this was the date and the time adver- tised for a public hearing to consider Ernest H. Woods re- quest to change the portion of Lot 1 , Block 2 Geelan Addition to City of McCall property from B Residential Zone to D Com- mercial Zone. There was no one present to be heard on behalf or opposed to the request . The Planning and Zoning Commission had recommended the zone reclassification at their January 15 , 1980 meeting. Hardy moved to approve changing the property hereinafter described from B Residential to D Commercial Zone as recommended by the Planning and Zoning Commission: A portion of Lot 1, Block 2 , Geelan Addition to the City of McCall, Valley County, Idaho, more particularly described as follows : Commending at the Northeast corner of Lot 1; thence South 89 degrees 34 ' West 161. 05 feet to the real point of beginning; thence South 0 degrees 26 ' East 125 feet to a steel pin on the North right of way of Stibnite Avenue; thence along said right of way South 89 degrees 34 ' West 67. 5 feet to another steel pin on the North right of way of Stibnite Avenue; thence North 0 degrees 26 ' East 125 feet ; thence North 89 degrees 34 ' East 67 . 5 feet back to the real place of beginning; AND From the Southwest corner of Section 9 , Township 18 North, Range 3 East B.M. ; measure East 1926 . 7 feet to the place of beginning; thence North 162 . 25 feet , thence West 74 feet ; thence South 162 . 2 feet ; thence East 74 feet to the place of beginning, containing 1/4 acre , more or less , in the Lakeport Addition to the Village of McCall, Idaho. Motion was seconded by Lyons and upon vote was declared car- ried unanimously. Mayor Evans announced this was the date and the time advertised for opening of bids for Public Officials and Employees Lia- bility Insurance coverages . One bid had been received from William A. Kirk Agency, Inc . offering the following coverages : A limit of $1, 000 , 000 . 00 with a 42 ,500 . 00 deductible for each claim at $1, 800 . 00 per year, a limit of $3 ,000 ,000 . 00 with a $2 , 500. 00 deductible for each claim at $2 ,700 . 00 per year, and a limit of $5, 000 ,000 . 00 with $2 ,500 . 00 deductible for each claim at $3, 150 . 00 per year. After discussion Lutes moved to accept the bid of William A. Kirk Agency, Inc . and approve the purchase of a Public Officials and Employees Liability Insurance policy for $1, 000 ,000 . 00 with a $2 ,500 . deductible for each claim at a cost of $1, 800 . per year. Hardy seconded the motion and upon vote Hardy , Lyons and Lutes voted aye . Motion was declared carried unanimously. Sandra Bates , bookkeeper, had requested permission to write- off outstanding checks No. 631 to Valley Pump and Equipment , for $102 . 60 , dated 1-10-77 ; No. 1511 to Howard Morgan, for $10. 00, dated 7-10-77; and No, 2489 to SArgent SOwell, Inc , for $36, 22 dated 2-8-78; and Bad Debt checks of J. Kelly for $21. 00 "no account" ; J. Gray for $15 . 00 "not sufficient funds" , and M. Hinson for $2 . 00 "refer to maker" . Hardy moved that a write-off of the outstanding checks and Bad Debt checks as listed above be allowed. Lyons seconded the motion and upon vote Lutes , Lyons , and Hardy voted aye . Motion was declared carried. Councilman Lutes reported that the Police Department had been active with dog control. Fifty (5j dogs had gone through the system during March. Hardy reported they had members on the Airport Advisory Com- mittee -•.., whose terms have expired. The Airport Advisory Committee had recommended Gordon Fouch be replacedby Bill Williams , and that Warren Brown, Matt Wallace , and Lyn Clark be ap- pointed to three year terms . Hardy moved to accept the recom- mendation of the Airport Advisory Board and appoint Bill Williams to serve on the board until March,1982, Warren Brown, to serve until March, 1983 ; Lyn Clark to serve until March, 1982; and Matt Wallace to serve until March, 1983. Lutes seconded the motion and upon vote was declared car- ried unanimously. Hardy reported that Sophia Howard, Assistan Librarian, had completed working her six months probationary period. Her work has been satisfactory and Hardy recommended a salary raise from $3 . 20 per hour to $3 . 40 per hour effective April 1, 1980. After discussion Hardy moved that Sophia Howard's hourly pay be raised from $3 . 20 to $3. 40 per hour effective April 1, 1980. Lyons seconded the motion and upon vote Hardy , Lutes and Lyons voted aye . Motion was declared carried unanimously . Council discussed adopting an ordinance regarding dog fines as to the first , second, and third offenses . Suggested first offense to be $35 . 00 , second offense $70 . 00 , and the third offense would require a person to appear in Magis- trate Court . City Attorney is to confer with Chief Lyons and draft an ordinance for consideration , Attorney McAlister reported on their progress on the Lake log boom, They had met with Orin Makinson and he had recom- mended a buoy and marker cable system, Lake Reservoir Board is to take care of this . Attorney will send a request for this system to be put in. A letter from Attorneys Remaklus and McAlister was read in full which stated that they had been discussing ways in which to maximize their services to the City of McCall while maintaining as low a cost for those services as possible . They cited one problem area is the area of individual requests for city action by a citizen where the action is for that individual' s personal benefit such as zoning changes , street vacations , franchises , etc. They propose the City Council adopt a policy by resolution of billing individuals who request special actions for their own benefit which crea1r the need for legal services . After discussion it was the consensus of the Council that a sample listing of prices and a draft of a resolution be considered at next meeting. The following bills were read for payment : No. 0460 Postmaster S 60 , 00 0461 Donald R. Broughton 250 , 00 0462 John L. Lyon 250 , 00 0463 Janice L. Nelson 200 ,00 0464 Larry S . Olson 250 . 00 0465 Roger W. Rockwell 250 . 00 0466 Scott L. Sprague 250 , 00 0467 Donald B. Van Cleave 250 . 00 0468 Idaho First National Bank 40 ,277 . 91 0469 State Insuracne Fund 98 , 00 0470 Roger D. Bates 684 , 43 0471 Sandra K. Bates 601. 87 0472 Donald R. Broughton 594 . 17 0473 Mabel Burgess 62 . 48 0474 Gloria L. Cantrell 261 . 90 0475 Joye S. Catlin $ 567 . 34 0476 Larry Chalfant 961 . 04 477 Hugh H. Cooke 808 . 08 478 Robert S. Dodge 462 . 16 479 John B. Drips 615 . 33 480 Bill A. Evans 84 . 05 481 Donald L. Fitzwater 67 . 44 482 Margaret E. Fogg 714 . 63 483 James W. Hardy 67 . 02 484 Sophie T. Howard 363 . 58 485 Jack E. Latham 322 . 50 486 Clifford Lutes 67 . 02 j""' 487 John L. Lyon 865 . 24 488 James R. Lyons 67 . 02 489 Ralph Robert Murray 191 . 88 490 Janice L. Nelson 209 . 64 491 Larry S. Olson 700 . 64 492 Richard T. Remaklus 795 . 81 493 Roger W. Rockwell 594 . 18 494 W. O.J. Seetin 1 ,187 . 74 495 W. O.J. Seetin 217 . 75 496 David B. Smith 973 . 91 497 Sandra M. Solterbeck 46 . 00 1498 Scott L. Sprague 638 . 88 499 Donald B. Van Cleave 392 . 97 500 Ernest E. Ward 67 . 02 501 Ernest H. Woods 209 . 16 502 Martha Sara Chitwood 593 . 16 503 Robert H. Remaklus 507 . 01 504 Valley County VOID 505 Idaho First National Bank 2 ,986 . 40 506 State of Idaho Tax Commission 715 . 30 507 Public Employee Retirement sys 3 ,038. 01 508 Association of Idaho Cities 1,244 . 75 509 American Family Life Assurance Co. 22 . 70 510 Valley Country Trust Acct . 8 ,659 . 79 511 Postmaster 96 , 30 512 Idaho First National Bank 3 ,712 . 19 513 Joye Catlin-Police Petty CAsh 12 . 09 514 Margaret E. Fogg 19 . 40 515 Jan Nelson-Petty Cash 22 . 90 516 Sandra Bates 35 . 63 517 Bill A. Evans 9 . 15 518 Bill Nelson 472 . 50 519 Larry S. Olson 32 . 36 520 Maury Ainger 22 . 00 521 Rick Bollar 5 . 00 522 Tom Chaloupka 24 . 00 523 Dan Cochran 27 . 50 524 Dempsey Eddins 32 . 50 525 Don Fitzwater 37 . 50 526 Bill Florence 7 . 00 527 Tom French 19 . 00 528 Boyd Gilbert 53 , 00 529 Dan Gray 24 , 00 530 Bill Haworth 27 . 50 531 Tom Ireland 24 . 00 532 Glen Jackson 18. 50 533 Jim Madden 30 . 50 534 Ken Medley 17 , 00 535 Gary Richiusa 10 . 00 -- 536 Dave Smith 25 . 50 537 Harry Stathis 12 . 00 538 Dick Yelton 13 . 50 539 Acheson Motors 255 . 00 540 The Art Mart , Inc . 6 . 43 541 Acuff & Morse 75 . 00 542 Void 543 Car Care Center 418 , 46 544 Cascade Auto 13 . 28 545 The Caxton Printers . Ltd. 12 . 16 546 Century Lab . 327 . 00 547 Cesco 2 . 66 548 Chevron U. S .A. Inc . 1 ,759 . 91 549 Daycoa, Inc . 105 . 50 550 Decker' s 70 , 17 551 Doubleday & Co. , Inc . S 73 . 92 552 Doubleday Book Club 9 . 51 553 Ebsco Subscription Services 648. 37 554 Freline , Inc . 49 . 40 555 GEO 36 . 00 556 Gem State Paper & Supply 7 . 20 557 Groberg Realtors 450 . 00 558 H & W Plumbing and Electric 6 . 00 559 Home Planners , Inc . 10 , 95 560 Honolulu Magazine 9 . 00 561 Idaho Power Co . 2 ,766 . 94 562 Idaho Sporting Goods Co. 26 . 67 -i 563 CBDR 45 . 00 564 Idastries 30 . 70 565 Ingram 70 . 62 566 Interstate Business Equip . Inc . 114 . 50 567 Lake Shore Disposal 75 . 00 568 Lakeside conoco 19 . 44 569 Machinery West , Inc . 166 . 08 570 Mark' s Chevron Service 36 . 25 571 May Hardware, Inc . 139 . 39 572 McCall Fire Department 47 . 75 573 McCall Office & Home Appliance 44 . 25 574 McCall Rental & Sales 27 . 76 575 McCall Rexall Drug 46 . 39 576 Medley Sports 12 . 97 577 Men' s Wardrobe 10 . 00 578 National Geo. Society 5 . 75 579 National Geo . Society 9 . 50 580 Norco 36 . 75 581 Northwestern Ind. Lamp Co . 115 . 24 582 OSC Data 168 . 96 583 Payette Lakes Lumber Co . 197 . 42 584 Pendleton Farm & Garden 6 . 25 585 Quality Paperback Book Club , Inc . 52 . 81 586 Quill Corp . 18 . 96 587 Recreational Equip . 147 . 28 °""45 588 Rocky Mountain Machinery Co . 452 . 80 N 589 Science 80 9 . 00 590 Shaver' s 11. 09 591 Silver Burdett Co. 19 . 29 592 Smith & Kangas Engineers , Inc . 3 ,755 . 40 593 Snowbird Laundry & Dry Cleaning 142 . 50 594 Sonny ' s Tire Servide & AUTO 172 . 12 595 Southworth Stationers 29 . 89 596 Stans Auto Parts 116 . 29 597 Star-News 124 . 41 598 Department of Employment 3 ,616 . 28 599 The State of Idaho 73 . 00 600 Syms York Co. 97 . 89 601 Time/Life Books 18 . 61 602 Troy Ldy & Dry Cleaning 12 . 90 603 Union Oil Co. of Calif . 55 . 28 604 Waterworks Equipment Company 984 , 10 605 Western Equipment Co. 599 , 67 606 Western Equip. Co . 1 ,324 . 38 607 William A. Kirk Agency Inc . 30 , 00 608 Continental Tel , Co , of the 490 , 59 Following the reading of the bills . Hardy moved the bills be approved and ordered paid. Lyons seconded the motion ..., and upon vote Hardy , Lutes , and Lyons voted aye , Motion was declared carried unanimously. There being no further business before the Council, Mayo vans dec ar the meeting adjourned at 12 : 15 a,m, it ay 5, at 7 : 00 p.m. 1 zehlir / C j /Q APRIL 21, 1980 A special meeting of the City Council of the City of McCall was held on the above date . Members present were Mayor Evans , Councilmen Ward, Hardy, Lyons and Lutes . Mayor Evans announced that the special meeting had been called to discuss the John Randy Hart house encroachment in Lenora Street right of way. John Randy Hart was not present . Sherman and Marty Hart were representing Randy ' s interests . Sherman Hart stated he realized there was an encroachment but that that portion of the road right of way was not being used as the road at the present time . Randy was upgrading and im- proving the property which would enhance the neighborhood. He would like to go ahead and complete his remodeling project as it is his home and he has lived there eight to ten years . Mr. Hart said he thought that , at any future time there were plans for that road to be widened, Randy would be willing to remove that portion of the house that is on the right of way. He stated further that he thought the main concern was of setting a precedent by permitting the encroachment ; maintained he ' d heard the City Council grant Special Use Permits for higher densities and other things so it seemed to him it would be in the power of the City Council to grant Randy the use of the right of way, possibly for a 1. 00 a year, a token amount , for a lease privilege removeable at so many years or until the City should decide the right of way was needed for future de- velopment . Mr. Hart mentioned the fact of other encroachments several times asking what ' s to be done about those . He could see no reason why there would be a precedent set if the Coun- cil decided to let Randy go ahead and finish his house . Discussion followed on various developments and suggestions elaborated on by Sherman Hart . Attorney McAlister commented that the City has two options in regards to the road right of way : (1) They can maintain it for the purpose of a right of way for the public to go on and/or across or (2 ) they can vacate it . He added that the Council is going to effectively close the street if a portion is vacated. The City cannot lease a portion of the right of way for Randy to occupy - that is something beyond the City ' s power to do . The road right of way cannot be dealt with like a piece of property . The only ownership the City has in it is for a right of way and that is the only disposition the City can make . Mayor Evans reviewed the encroachment which came to light when John Randy Hart had to present a plot plan to obtain a building permit for remodeling he had started before obtain- ing a permit . Had he applied for a building permit prior to beginning his project , he would have learned of the encroach- ment in the right of way before he did any work. The City cannot vacate a street thus denying use by adjacent property owners . The consensus of the Council members was that the City cannot legally authorize use of the right of way for other than public use for a right of way, the street cannot be vacated because there would be no access to other lots along the street , and they should not set a precedent of allowing the use of a street right of way other than right of way use . After a lengthy discuss , Hardy moved that the City notify John Randy Hart that his house is encroaching in the street right of way and that he will be given until October 1, 1980 to remove the encroachment . Lyons seconded the motion and upon vote Lutes , Ward, Lyons , and Hardy voted aye . The Mayor de- clared the motion carried unanimously. John Randy Hart will be notified. A letter received by Mayor Evans on April 19 , 1980 from Idaho Department of Parks & Recreation with reference to the McCall Mill Park, Heritage Conservation Record No, 16-00385 , was read in full. It informed him that the City 's McCall Mill Park project had been approved for funding in the amount of $250 ,000 . 00 by the Heritage Conservation and Recreation Service . A copy of Procedural Guidelines for Idaho, Part II; After Project Approval, two copies of Project Agreement , an Engineering Certification, an Equal Opportunity Poster, and a sample Identification Poster were included. As soon as the Project Agreements are executed and mailed, the City will request Idaho Parks Foundation to initiate action to transfer the Property Deed to the City. Lutes moved to approve the Pro- ject Agreement and authorize the Mayor and Clerk to execute same. Ward seconded the motion and upon vote Lyons , Lutes , Hardy and Ward voted aye. Mayor declared the motion car- ried unanimously. Mayor d ared he ng adjourned at 8 : 12 p .m. until May , 0 a Cl rk 77i APRIL 24 , 1980 A special meeting of the City Council of the City of McCall was held at the City Hall at 7 : 30 p .m. on April 24 . Present were Mayor Evans , Councilmen Hardy , Lutes , Lyons and Ward. Councilman Lutes moved that the Council meet in an Execu- tive Session to discuss Golf Course personnel and business . Motion was seconded by Ward and upon vote Lutes , Ward, Hardy and Lyons voted aye . The motion was declared carried unanimously. Following the close of the Executive Session at 8 : 45 p .m. , Mayor Evans called the meeting to order. After discussion, Councilman Hardy moved that the Golf Course Fees schedule be revised and set for the 1980 - ; season as follows : Green Fee $ 7 . 00 Season Pass 30 . 00 Juniors Season Pass 60 . 00 Students Season Pass 100 . 00 Single Season Pass 150 . 00 Family Electric Cart 85 . 00 Gasoline Cart 65 . 00 The motion was seconded By Councilman Ward and upon vote Hardy , Lutes , Lyons and Ward voted aye . Mayor Evans de- clared the motion carried unanimously. The Mayor advised the Council of Superintendent Wilson ' s remarks this afternoon regarding the new Federal Depart- ment of Education effective May 5 , 1980 , and the actions being taken by President Carter, Governor Evans , and the Idaho Department of Education. Superintendent Wilson requested similar action by the City of McCall by way of a Proclamation by the Mayor. Councilman Hardy moved to cooperate and authorize the Mayor to issue the Proclamation, a copy of which is attached and made a part of these minutes . Motion seconded by Ward and upon vote was declared carried unanimously . Mayor Evans declared the meeting adjourned at 9 ; 25 p .m, until May 5, 8 , 7 : 00 p ,m, J � _ A. yaris , Mayor M rg et E Fogg Qg' efk ) MAY 5 , 1980 A regular meeting of the City Council of the City of McCall was held on the above date . Members present were Mayor Evans , Councilmen Ward, Lyons , Lutes , and Hardy . The following business was transacted. Try minnfPR of the April 7 , April 21, and April 24 meetings w� g w m P I 0 L d 0 1 a rr • C e C c "D" ZONE AND INDUSTRIAL "E" ZONE. Lutes moveu uu utop,.0 .,.... rules for passage of proposed Ordinance No. 399 , seconded by Lyons , and upon vote was declared carried unanimously . Ward seconded the motion for adoption of proposed Ordinance No. 399 and upon vote Lyons , Ward, Lutes and Hardy voted aye . There being no nay votes , Mayor Evans declared Ordinance No. 399 adopted. Mayor Evans presented the April 15 , 1980 recommendations of the McCall Planning and Zoning Commission : (1) The Commission recommended approval of the Planned Unit Development and the general development plan and program of Roger Anderson, Sundance Corporation, to be named "The Aspens" . Action was delayed in order to give the Attorney time to review the development documents . (2 ) The Commission recommended approval of the Special Use Permit requested by Housing Southwest , Inc . to allow construc- tion of twenty-four (24 ) units for a Senior Citizen Housing Complex in an A Residentially-zoned area on Floyd Street . Housing Southwest , Inc . is to put in sidewalks , pave the streets , maintain the streets , complete the landscaping, and pay utility billings to the City. After discussion Hardy moved the adoption of the following Resolution: BE IT RESOLVED, That the City Council of the City of McCall hereby approve the Special Use Permit of Housing Southwest , Inc . , as recom- mended by the McCall Planning and Zoning Commission on April 15 , 1980 , upon the property described to wit : A parcel of land in the SW%NE%, Section 16 , T. 18 N, ... R. 3 E. , B.M. , Valley County, Idaho; more particularly des- cribed as follows : Beginning at the center 4 corner of said Section 16 , thence N. 89°56 ' 24" East along the mid-section line a distance of 610 feet ; thence North 0°38 ' 08" East , parallel to the N-S mid-section line a distance of 857 . 90 feet to the REAL POINT OF BEGINNING : thence continuing North 0038 ' 08" East , a dis- tance of 435 . 60 feet to a point 30 feet South of the North line of said SW4NE4, thence North 89°56 '10" East , parallel to the said North line a distance of 250 . 00 feet ; thence South 0°38 ' 08" West , a distance of 435 . 60 feet ; thence South 80°56 ' 10" West , a distance of 250 . 00 feet to the REAL POINT OF BEGINNING. Lutes seconded the motion and upon vote , Hardy , Lutes , Lyons , and Ward voted aye . Resolution was adopted. ( 3) Commission recommended approval of the Special Use Permit request by Dr. Wayne J. Spector to allow a residence at 1207 Roosevelt , zoned B Residential, to be converted to a dental office. Hardy moved the adoption of the following Resolution : BE IT RESOLVED That the City Council of the City of McCall hereby approve the Special Use Permit of Dr. Wayne Spector, D. D. S . , as recommended by the McCall Planning and Zoning Commission on April 15 , 1980 , upon the property des- cribed to wit : Lots 7 and 8, Block 15 , McCall 1st Addition, located in Section 9 , T. 18 N. , R. 3 E. , B.M. , Valley County Idaho. Lyons seconded the motion and upon vote Lutes , Lyons , Hardy and Ward voted aye . Resolution was adopted. (4) Commission recommended denial of the Frank J . Volk, Jr. request to reclassify the zone of 208 W. Lake Street from A Residential to B Residential, due to the objections of the surrounding property owners . Mayor Evans reported that Mr. Volk had requested withdrawal of his zone reclassification request on April 17 , 1980 . No action would be required. Carl Heinrich presented a sketch of plans for a garage and storage area addition to the Senior Citizen's building and requested Council permission to proceed with construction. Grant money has been made available to the Senior Citizens for this construction. Remaklus recommended that a set of plans with written specifications and a brief addendum to the existing agreement be furnished to the City stating that the addition would be built by the Senior Citizens according to the plans and specifications . The consensus of the Council was they had no objection to the proposed addition to the Senior Citizen Building. Discussion was continued on the Planning and Zoning Commission' s recommended approval of Roger Anderson' s Planned Unit Development for "The Aspens" . Attorney Remaklus remarked that Transfer of Development Rights to the City is not necessary because dedication of open space and common area fullfills requirements and advised "The Aspens" Planned Unit Development meets legal requirements . Hardy moved the adoption of the following Resolution: BE IT RESOLVED That the City Council of the City of McCall hereby approve the planned unit development and the general development plan and program of Roger Anderson, Sundance Corp. , as recommended by the McCall Planning and Zoning Commission on April 15, 1980 , upon the property described to wit : A parcel of land situated in Government Lot 1 of Section 9 and Government Lot 3 of Section 4 , T18N, R3E, B.M. , Valley County, Idaho. Beginning at a brass cap making the NE corner of said Section 9 . Thence S. 89 59 ' 22" W. 1323 . 68 feet , thence N. 89 32 ' 09" W. 25 . 00 feet to a 5/8" steel pin, the Real Point of Beginning, thence N. 0 10 ' 35 ' W. 32 . 49 feet , thence N. 73 07 ' O1" W. 436 . 05 feet , thence S . 14 32 '30" W. 286 . 56 feet , thence Southeasterly along a curve to left on the East right of way line of the Oregon Shortline Railroad said right-of- line curve having a radius of 435 . 20 feet , and Chord bearing of S. 36 29 ' 56" E. , thence S. 75 06 ' 15" E. 75 . 35 feet , thence N. 0 00 ' 10" W. 77 . 79 feet , thence N. 89 to ' 50" E. 100 . 00 feet , thence N. 0 00 ' 10" W. 385 . 00 feet , to the Real Point of Begin- ( ping. The above described parcel contains 6 . 14 acres more or less . Ward seconded the motion and upon vote Lyons , Lutes , Hardy, and Ward voted aye . Resolution was adopted. Attorney Remaklus recommended that the Council authorize the publication of an Invitation To Submit Cable Television Pro- posals , with copies of such notice to be sent to parties previously requesting notification. Hardy moved that the Attorney be authorized to prepare an Invitation for Bids notice for publication which lists general specifications for response by bidders and send all interested parties such notification. Lutes seconded the motion and upon vote was declared carried unanimously. Remaklus explained procedure following the receipt of Cable Television proposals : (1) Review of proposals by Council; (2) Schedule place and time for each proposer to appear and present their proposal; (3 ) The Council selects an acceptable proposal and directs the Attorneys to draft the necessary ordinance for publication; ( 4) A public hearing on the pro- posed franchise ordinance , which names the operator to whom the franchise would be given, must be held. At that point it is conceivable that someone would come in with a more attrac- tive offer which would mean it would be necessary to rebid. The procedure would then be repeated. Proposed Ordinance No. 400 , an ordinance annexing certain lands and territory to the corporate limits of the City of McCall, was read at length by Attorney Remaklus . Hardy in- troduced and moved the adoption of proposed Ordinance No. 400 , AN ORDINANCE ANNEXING CERTAIN LANDS AND TERRITORY TO THE CORPORATE LIMITS OF THE CITY OF McCALL; PROVIDING BENEFITS, RIGHTS AND OBLIGATIONS OF SUCH ANNEXED TERRITORY; AMENDING THE CITY ZONING MAP AND CLASSIFYING SUCH LANDS UNDER THE ZONING ORDINANCE; PROVIDING THAT A MAP OF SUCH ANNEXED AREA BE PREPARED AND FILED WITH THE CITY CLERK; REQUIRING A COPY OF THIS ORDINANCE AND MAP TO BE FILED WITH THE COUNTY ASSESSOR AND COUNTY RECORDER OF VALLEY COUNTY, STATE OF IDAHO, AND WITH THE STATE TAX COMMISSION OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. Lyons moved to suspend the rules for passage of proposed Ordinance No. 400 , seconded by Lutes and upon vote was declared carried unanimously . Ward seconded the motion moving adoption of proposed Ordinance No. 400 and upon vote Lyons , Lutes , Ward, and Hardy voted aye . There being no nay votes , Mayor Evans declared Ordinance No. 400 adopted. City had received a letter from the Union Pacific Railroad Company on March 31, 1980 , requesting Termination Rider on Lease L&T No. 16913, Sanitary land fill site and roadway encroachment in McCall. The Termination Rider was not pre- viously presented for Council consideration until a map of the area could be obtained from the Railroad company . Because - a County road runs through the site , the requested Termination was taken to the Commissioners and County Attorney as well as the City Attorney to determine whether or not the City should agree to the Termination Rider. Attorney Remaklus had talked to Mr. Austin, Land Agent of Union Pacific Railroad at Salt Lake, and he was to respond either to Remaklus or Mayor Evans . Remaklus recommended this item be held over until Council 's next meeting because of lack of response on the part of the railroad and the need for clarification on the road before action is taken. Attorney Mike Weatherall of Boise , Idaho had called both Attorney Remaklus and Mayor Evans informing them that he was representing Randy Hart and that he was unable to attend this month' s meeting and would represent his client at the June meeting. Attorney Remaklus explained that Weatherall seems to have found some Supreme Court decisions that may give the City the authority to allow a temporary permit for the encroachment into the right of way without prejudicing the City ' s position. However, Remaklus pointed out to the Mayor and Council, at this time , if the authority ' s do support Hart ' s position, the Council still has the question of whether or not it would be a good idea to grant it . Randy Hart thanked the Mayor for putting him on the agenda for the May meeting and asked to be put on the June meeting agenda to present his case. Mayor Evans stated that Hart should have received a letter giving him until October 1 , 1980 , to remove the encroachment and that , since a stop order had been put on the property for construction and by the Elec- trical Inspector for electrical violations , no more construc- tion could be done until the issue was resolved. Bill Petzak, State of Idaho, Local Land Manager, presented a request and proposal for connecting to the City water supply State lease lots water system in the Pilgrim Cove area. They are now proposing that they have City water avail- able May 15 to October 15 , with the Association buying water as required to fill the Pilgrim Cove tank. In order to do this , The Cove Association would construct a line from the City ' s present system with installation of a water meter to measure flow used. Cove Association would provide all installation including the necessary counterflow devices . They are inquiring as to the cost to them to provide water for the period of approximately five months , for about eighty (80 ) users , which costs would be paid by the State Agency that collects from the lease lot holders . This poses several questions . Does the City sell water to the State , one buyer, as to any other commercial user or should it be con- sidered as eighty ( 80 ) residential users . After much dis- cussion, Mayor Evans is to get more information for the June meeting. Cliff Lutes read a recommendation from Police Chief Lyon requesting a sign be placed in front of the Texaco Service Station on Third Street to read "two hour parking only between the hours of 8 : 00 a.m. and 5 : 00 p .m: This action was precipitated by many complaints received regarding the extended length of time that some persons had been using the parking spaces . Following discussion, Lutes moved to accept Chief Lyon' s recommendation and place a two-hour parking sign on Third Street in front of the Texaco Service Station. Motion was seconded by Hardy and upon vote was declared carried unanimously . Hardy explained that Gloria Cantrell has now completed her six-month' s probationary period of work at the Library and he ' d like to recommend a salary increase . Hardy moved to increase Gloria Cantrell ' s salary rate from $3 . 10 per hour to $3 . 30 per hour effective May 1, 1980 . Lutes seconded the motion and upon vote Hardy , Lutes , Lyons and Ward voted aye. The motion was declared carried unanimously . Hardy told the Council the Library has need for additional help and it would be possible to pick up a CETA employee on the public service training program. The City does not have to guarantee employment at the end of the CETA term. The Council had no objection to the hiring of a CETA em- ployee for the Library . Mayor Evans explained that Jim Hardy had applied to the State for a beer license for the Sports Marina, Inc . but had not received it yet . He has been approved for such license by the local police and the Council will be polled regarding his City Beer License application upon receipt of his State and County Licenses , if there was no objection. There was none . It was reported that May Hardware was selling beer without obtaining a Beer License . Police Chief is to check. An Application for Beer License for John Drips at the McCall Golf Course was received. Hardy moved John Drips ' Application for a Beer License, beer to be consumed on the premises , at the McCall Golf Course be approved. Lyons seconded the motion and upon vote was declared carried unanimously . The City received a letter from Joseph N. & Susan L. Yarmek requesting transfer of the City Beer and Liquor Licenses from F. L.D. C. Corporation to The Yacht Club . Hardy moved to approve the transfer of Liquor and Beer License from F.L.D. C . Corpor- ation to Joseph N. & Susan L. Yarmek dba The Yacht Club . Lutes seconded the motion and upon vote was declared carried unanimously. Ward reported that the Golf Course will not open until May 17 because number 4 and 5 greens are not ready for play . Also, Ward said they had a problem area at end of 15th & 16th holes with vehicles . Suggested the need of screening with fencing or barricade . Lyons remarked that the streets and entire town looked clean and wanted to thank the City employees , Fire Department , Recreation Department , and downtown volunteers . Lyons ex- plained the Telephone Company has to move a line for the proposed light on Forest Street . Remaklus presented an Easement Agreement draft for a 35 , right of way easement along the front of Reed Gillespie 's home between the house and lakeshore in Mill Park area. After review of the Easement , Remaklus recommended it be held in abeyance until Mayor Evans , Reed Gillespie , and he could meet breview the easement for further requirements and discuss price . The following bills were read for payment No. 0609 Donald R. Broughton $ 250 . 00 0610 Hugh H. Cooke 200 . 00 0611 Janice L. Nelson 150 . 00 0612 Larry S. Olson 250 . 00 0613 John L. Lyon 250 . 00 0614 Roger W. Rockwell 250 . 00 0615 Scott L. Sprague 250 . 00 0616 Donald B. Van Cleave 250 . 00 0617 Postmaster 30 . 00 0618 Dennis Babineau 126 . 08 0619 Roger D. Bates 685 . 25 0620 Sandra Bates 601. 74 0621 Donald R. Broughton 592 . 85 0622 Mabel Burgess 39 . 43 0623 Gloria L. Cantrell 232 . 80 0624 Joye S. Catlin 574 . 16 0625 Larry Chalfant 972 . 33 0626 Martha Sara Chitwood 600 . 55 0627 Hugh H. Cooke 597 . 60 0628 Robert S. Dodge 476 . 37 0629 John B. Drips 613 . 77 0630 Bill A. Evans 84 . 05 0631 Donald L. Fitzwater 68 . 12 0632 Margaret E. Fogg 723 . 98 0633 James F. Gibson 109 . 72 0634 James W. Hardy 67 . 02 0635 Sophie T. Howard 343 . 20 0636 Jack E. Latham 326 . 10 0637 Clifford Lutes 67 . 02 0638 John L. Lyon 866 . 69 0639 James R. Lyons 67 . 02 0640 Ralph R. Murray 450 . 20 0641 Janice L. Nelson 273 . 46 0642 Larry S. Olson 701 . 20 0643 Richard T. Remaklus 776 . 83 0644 Robert H. Remaklus 512 . 51 0645 Roger W. Rockwell 592 . 85 0646 Michael (Duffy) Root 107 . 01 No. 0647 W. O.J, Seetin $ 1203 65 0648 Jack Seetin 217,75 0649 David B. Smith 986 %91 0650 Sandra M. Solterbeck 49 . 28 0651 Scott L. Sprague 638,75 0652 Donald B. Van Cleave 364 ,16 0653 Ernest E. Ward 67, 02 0654 Ernest H, Woods ; 209 .16 0655 Idaho First Nat ' l Bank 3 ,113 . 10 0656 State of Idaho Tax Commission 787 . 30 0657 Public Employee Retirement System 3 ,064 . 49 0658 Association of Idaho Cities 1 ,244 . 75 0659 American Family Life Assurance C . 22 . 70 0660 Wolfstone-Dojley-McMannama Inc . 2 , 471 . 08 0661 Postmaster 98 . 50 0662 Maury Ainger 7 . 00 0663 Rick Bollar 10 . 50 0664 Ron Bowling 19 . 00 0665 Tom Chaloupka 14 . 00 0666 Dan Cochran 14 . 00 0667 Demsey Eddins 14 . 00 0668 Don Fitzwater 19 . 00 0669 Bill Florence 7 . 00 0670 Tom French 15 . 50 0671 Bill Gilbert 3 . 50 0672 Boyd Gilbert 43 . 00 0673 Bill Haworth 19 . 00 0674 Tom Ireland 14 . 00 0675 Jim Madden 12 . 00 0676 Ken Medley 3 . 50 0677 Dirk Onweiler 12 . 00 0678 Dave Smith 3 . 50 0679 Harry Stathis 3 . 50 0680 Ernie Woods 8 . 50 0681 Dick Yelton 5 . 00 0682 Martha Chitwood 80 . 00 ""' 0683 Sandra Bates 28 . 50 0684 Larry Olson 6 . 21 0685 Acheson Motors 25 . 00 0686 The Art Mart , Inc . 11 . 73 0687 The Baker & Taylor Company 8 , 25 0688 Boyd Martin Co, 96 . 85 0689 VOID VOID 0690 Chevron U. S .A, Inc . 2 , 338 . 80 0691 Deckers Inc . 68 . 66 0692 Doubleday & Company , Inc . 127 . 71 0693 Book Club Association 34 . 92 0694 Electronic Enterprises 124 . 80 0695 Garden Way Publishing Co. 133 . 68 0696 Gordon' s Books , Inc , 218 . 02 0697 H & W Plumbing and Electric 14 . 68 0698 Horizon 13 . 95 0699 Idaho Dept . of Labor & Ind, Ser. 20 . 25 0700 Idaho Mountain Graphics 22 . 25 0701 Idaho Power Co. 3 ,318 . 98 0702 Idastries Idaho State Pen 146 . 35 0703 Ingram 556 . 62 0704 Jane Eppinga 5 . 65 0705 Lake Shore Disposal 75 . 00 0706 May Hardware, Inc . 118. 59 0707 McCall Fire Dept . 9 . 90 "` 0708 McCall Rexall Drug 2 . 50 0709 McCall Shell 10 . 00 0710 McCall Texaco 32 . 28 0711 McCall Tire & Wheel 318 . 96 0712 NORCO 45 . 10 0713 OSC Data 171 . 60 0714 Payette Lakes Lumber Co. 12 . 26 0715 Pendleton Farm & Garden Center 14 . 13 0716 Quality Paperback Book Club , Inc . 23 . 98 0717 Referee 14 . 95 0718 Share Corp . 118 , 25 0719 Shavers 25 . 30 0720 Snowbird Laundry & Dry Cleaning 92 . 25 0721 Sonny 's Tire Service 107 . 17 No. 0722 Sports Marina $ 8 . 95 0723 Stans Auto Parts 176 . 79 0724 Star-News 12 . 00 0725 Star-News 89 . 28 0726 Starline Equipment Company 50 . 00 0727 Time/Life Books 10 . 43 0728 Transport Clearings Intermountain 18 . 74 0729 Troy Ldy . & Dry Cleaning 19 . 35 0730 USGA 50 . 00 0731 Union Oil Company of Calif. 12 . 44 0732 Walter F. Stephens , Jr. , Inc . 22 . 10 0733 Western Auto 16 . 49 0734 Western Equipment Company 1 , 324 . 38 0735 William A. Kirk Agency Inc . 11,238. 54 0736 Continental Tel. Co. of the West 474 . 85 0737 May Hardware , INC . 8. 31 0738 Cambridge Litho 17 . 00 Following the reading of the bills , Lutes moved the bills be approved and ordered paid. Ward seconded the motion and upon vote Lyons , Lutes , Hardy, and Ward voted aye . The motion was declared carried unanimously. Mayor Evans adjourned the meeting at 10 : 35 p .m. until Monday, June 2 , 1980 : 00 p .m. C er MAY 19 , 1980 A special meeting of the City Council of the City of McCall was held on the above date. Members present were Mayor Evans , Coun- cilmen Lutes , Hardy, and Lyons . Ward was absent . The purpose of the meeting was to consider the Memorandum of Agreement proposed by the Environmental Mediation Panel on May 16 , 1980 . An Application For Beer License for May Hardware was presented. The application was cleared by the Police Department and copies of their 1980 State and Valley County licenses were submitted. Hardy moved that the Application for Beer License for May Hardware, Inc. , to sell beer not to be consumed on the pre- mises , be approved, motion seconded by Lyons , and upon vote Hardy, Lutes , and Lyons voted aye . Motion was declared carried unanimously. Mayor Evans reported on the Environmental Mediation Panel meetings and the issues discussed. The parties to the medi- ation were City of McCall, Valley County, the Payette Lakes Water and Sewer District , and the Payette Lakes Homeowner' s Association. The Council discussed at length the issues of the proposed Memorandum of Agreement . Following the lengthy dis- cussion, Lutes moved the proposed Memorandum of Agreement prepared May 16 , 1980 , by the Environmental Mediation Panel , consisting of Bill Tennity, Ed Elliott , and Attorney Charles Nicholas for the Payette Lakes Homeowners Association; Bill Milburn, Ivan Day, and Attorney Remaklus and/or McAlister for the Payette Lakes Water and Sewer District ; Mayor Bill Evans , Attorneys Remaklus and/or Stan McAlister for City of McCall; Harold Cox and George Wagner for Intermountain Engi- neers ; Attorney Greg Pittenger for Valley County; and George Yount and Orville Tice from Environmental Mediation Institute of University of Washington, be approved and authorize the Mayor and Clerk to execute the document indicating Council approval. Hardy Seconded the motion and upon vote Lutes , Hardy, and Lyons voted aye. Ward was absent . Mayor Evans declared the motion carried. There was no further business to be presented at this time . Mayor Evans declared the meeting adjourned at 6 : 45 p .m. until Monday, June 2, 1980 , at 7 : 00 p.m. ed4 C Mayor . Cl rk JUNE 2 , 1980 A regular meeting of the City Council of the City of McCall was held on the above date . Members present were Mayor Evans , Councilmen Lyons , Lutes , Hardy and Ward. The following busi- ness was transacted . The minutes of the meeting held May 5 , 1980 , were read and corrected as follows : Page 80 in the paragraph regarding the Senior Citizens ' building addition the addendum to the exist- ing agreement will be prepared by the City Attorneys ; and on p ge 81 with reference to the paragraph that Remaklus explained procedure after receipt of Cable Television proposals ( 3) .,,.� should read: "The Council selects an acceptable proposal and Selected proposer will draft the necessary ordinance for review by City Attorney for publication. " Minutes were approved as corrected. Jim Hardy, Sports Marina, Inc. , having received his State and County Beer License subsequent to the May 5 meeting, Police Chief Lyons approved his Application for Beer License and the Council was polled on May 7th with Lutes , Lyons , and Ward indicating approval and Hardy abstaining. Lutes moved to con- firm the action of the Council members of approving the Sports Marina, Inc . Application for Beer License - not to be consumed on the premises . Motion seconded by Lyons and upon vote was declared carried unanimously. Attorney Mike Wetherell, representing John Randy Hart , addressed the Council regarding the Hart house encroachment in Lenora Street right of way. Wetherell stated the Council does have the legal authority to grant Mr. H art the right to an encroach- ment upon the public right of way and sighted case decisions ; further, Mr. Hart realizes that , if he builds on that right of way, his right to remain there is at the sufferance of the City because at any time the Council can take that right away with- out any notice to him whatsoever; and Hart has offered speci- fically that , at any time the road is going to be enlarged and -, the right of way utilized, he will move the house at his own expense with no complaint . Council members discussed among other questions and objections in allowing this encroachment : (1) the building setback provisions required in obtaining a building permit if encroachment were allowed; (2) having to cope with the same problem with a future owner of this property ; ( 3) establishing a precedent causing future difficult decisions and problems ; and ( 4) perpetuating something that is wrong by permitting it to continue . After a lengthy discussion, Attorney Wetherell said that the Council had complete discretion in regard to encroachment on a public right of way and he would certainly recommend, on behalf of Mr. Hart , the relief be granted. Hardy moved to withhold action on the John Randy Hart house encroachment in Lenora street right of way contingent upon Wetherell preparing a draft of an agreement , to be reviewed by the City Attorney , for continuance of the encroachment . Said encroachment to be removed at the City ' s request if traffic indicates it is necessary for street development or at such time as Mr. Hart sells the property. Such agreement to be recorded to insure that any future owners are required to com- ply with this agreement . Lutes seconded the motion and upon vote Lutes and Hardy voted aye . Lyons and Ward voted nay , re- sulting in a tie vote requiring the vote of the Mayor. Mayor Evans voted nay and announced the request for continuance of the encroachment was denied. Mayor Evans advised Randy Hart that the letter dated May 2 , 1980 , which requires him to remove his home from Lenora Street right of way not later than October 1, 1980 , would still be applicable. Mayor Evans announced that the City had received four ( 4) proposals in response to the advertised Invitation to Submit Cable Television Proposals . They were : Harmon & Company Cablevision, Englewood, Colorado; Jeffrey & Sons , McCall, Idaho; Boise-Ada Cablevision, Boise , Idaho; and Gary R. Potter and Gary Jones , Veneta, Oregon. Attorney Remaklus recommended that each Councilman read and digest contents of each proposal and proposers should be contacted and a date and time set for public hearing so that each can make a verbal presentation of their proposal. After hearing the verbal presentations , the City Council will determine which proposal is most advan- tageous and request proposer to submit an ordinance that would put his proposal into effect . Procedure to follow upon receipt of an ordinance was discussed and the City will be in touch with each proposer. At the May 20 , 1980 , meeting of the McCall Planning and Zoning Commission the Commission recommended to the City Council ap- proval of the Idaho Land Developers preliminary plat on the Jess and Maxine Moore property on Ready Lane . Hardy moved we approve Idaho Land Developer' s preliminary plat on the Jess and Maxine Moore property on Ready Lane , also known as the Suitor property. Ward seconded the motion and upon vote Lyons , Hardy, Lutes and Ward voted aye . Motion was carried unanimously. At the May 20 , 1980 , P & Z meeting the Commission received the preliminary plat of Richard Adams , Boise , for a condomi- nium development in the Timberlost V Subdivision. The density matter was referred to the City Council due to the past agreements between Brown Tie & Lumber Co . and City of McCall, with a recommended approval of the preliminary plat showing twenty-four (24) units . Hardy moved to accept and approve Richard Adams preliminary plat for twenty-four (24) units in Timberlost V Subdivision. Motion seconded by Lyons and upon vote Lutes , Lyons , Hardy and Ward voted aye . Motion carried unanimously. On May 6 , 1980 , the McCall Planning and Zoning Commission, after holding a Public Hearing, recommended denial of the setback variance request of James Sproat on a residential lot - permitting him to build a home 16 ' from the high water mark on the lake side , 15 ' from the street , and 2 ' and 3' on the side lot lines . Proposed structure is to be placed on Lot 5 , Block II , Sunset Subdivision to the Village of McCall, County of Valley , State of Idaho, containing approximately 8, 700 square feet , property commonly known as 1612 E. Lake Street . Mayor Evans informed the Council that Attorney Richard S. Udell had submitted a Notice of Appeal to McCall City Council and Request for Hearing to the City Hall on Friday, May 30 , 1980 , which stated that Mr. and Mrs . James Sproat , by and through their Attorneys of Record, the Law Firm of Udell and Elam, appeal the decision of the Planning and Zoning Meeting held May 6 , 1980 , regarding a Request for Variance and requested the City Council of McCall, Idaho, hear and consider the appeal at their regular meeting , June 2nd, 1980 . Attorney Udell, representing James Sproat , addressed the Council regarding the appeal of the Planning and Zoning decision. He gave as reasons for the appeal : (1) Would be undue hardship to his client by the strict ap- plication of the ordinance because of special circumstances applicable to this property including size of the lot , topography, and heavily developed neighborhood surroundings ; (2 ) Property would be rendered economically useless ; and ( 3) Public interest would be best served as the house will upgrade the neighborhood. Udell stressed that the variance is not needed on the lake front side and the side setbacks were changed to five foot setbacks , neighbors in the area had no objections to the variances as distances between the houses would be sufficient , and the home would be compa- tible to other residences in the area. Udell claimed there had been a procedural error committed by Planning and Zoning Commission, sighting 3-24-4 of the Zoning Ordinance which reads that , upon granting or denying an application the P & Z Commission shall specify in the minutes the ordinance and standards used in evaluation the application, reasons for approval or denial, and the action, if any , that the applicant could take to obtain a permit . None of which were done. It was for those reasons , together with specific cir- cumstances , that Udell respectively requested the Commission to adopt a resolution permitting the varience on this parti- cular parcel of land. Attorney Remaklus suggested that the request be referred back to the Planning and Zoning Commission for action so the record comes up to the Council as Udell represents - since procedure error has been made it should be righted. It was the concensus of the Council that the request be referred back to P & Z Commission for proper procedural procedures A letter to the Mayor and Council from Century Laboratories , a division of J.U.B, Engineers ; was received informing the City of the increase in fees for some of their services and water and wastewater analysis performed, an increase of 852. 00 per month to a new total of $161. 00 per month. The City, by taking the samples and sending them to Century Laboratories for analysis , could save $90 . per month. After discussion, Hardy moved to request corrections to the con- tract with Century Laboratories to reflect the City to take and send samples to the laboratory for analysis and to authorize the Mayor and Clerk to execute such Agreement upon its being redrawn. Lyons seconded the motion and upon vote Hardy, Lutes , Lyons , and Ward voted aye . The motion was carried unanimously. On the afternoon of May 28, 1980 , Mayor Evans received a telephone message from the Center for Diseased Control, Atlanta, Georgia, that the City ' s application for fluori- dation equipment for three (3) pumps , testing equipment , and chemical had been approved for two (2 ) installations . The third installation was deleted at this time because the City does not have the third pump in place . Amount of the grant is $17, 300 . If the City wants to accept the grant , the Center of Diseased Control requests an extract from the City Council minutes indicating the Council does accept the grant and will install the equipment . Mayor Evans told the Council that on May 7th Bill Timms left word with the City Clerk to inform the Mayor that he would have enough signatures on a petition to call a special election on the fluoride issue before November and wanted to inform the Mayor so he would not accept the pending grant and install equipment . There had been no further word from Timms . After length discussion, Councilman Hardy moved that the Center of Diseased Control be notified that the City of McCall will accept the grant of $17, 300 for fluoridation equipment for two pump install- ations and the systems will be installed. Motion was seconded by Councilman Lutes and upon vote Lyons , Hardy , Lutes and Ward voted aye. There being no nay votes the Mayor �^ declared the motion carried unanimously. Attorney McAlister read at length proposed Ordinance No . 401, an ordinance relating to cross connections . Hardy introduced and moved the adoption of proposed Ordinance No. 401, AN ORDINANCE RELATING TO CROSS CONNECTIONS, STATING PURPOSE AND SCOPE; PROVIDING DEFINITIONS; MAKING CERTAIN ACTS LAWFUL; DEFINING AUTHORITY OF BUILDING OFFICIAL; PROVIDING FOR RULES AND REGULATIONS TO CARRY OUT PROVISIONS OF ORDINANCE; REQUIR- ING USE OF BACK-FLOW PREVENTION DEVICES; PROVIDING FOR CROSS CONNECTION INSPECTION; REQUIRING INSTALLATION PERMITS; ESTABLISHING LIABILITY FOR PAYMENT FOR BACKFLOW PREVENTION DEVICES AND TESTING; PROVIDING FOR TERMINATION OF WATER SERVICE UNDER CERTAIN CIRCUMSTANCES ; PROVIDING PENALITIES; PROVIDING THAT EACH DAY A VIOLATION EXISTS CONSTITUTES SEPARATE OFFENSE; AND PROVIDING SEVERABILITY. Lutes moved to suspend the rules for passage of proposed Ordinance No. 401, Ward seconded the motion and upon vote was declared carried unanimously . Lyons seconded the motion for adoption of proposed Ordinance No . 401 and upon vote Hardy , Lyons , Lutes and Ward voted aye . Mayor declared Ordinance No. 401 adopted. Attorney Remaklus read in full proposed Ordinance No. 402 , an ordinance related to zoning. Lutes introduced and moved adoption of proposed Ordinance No . 402 , AN ORDINANCE RELATED TO ZONING; CHANGING ZONE CLASSIFICATION OF CERTAIN PROPERTY; AND AMENDING THE "MAP OF ZONING" AND DIRECTING THE CITY ENGINEER TO ENDORSE SUCH CHANGE ON SAID MAP . Hardy moved to suspend the rules for passage of proposed Ordinance No. 402 , Ward seconded the motion and upon vote was declared carried unanimously. Hardy seconded the motion for adoption of proposed Ordinance No. 402 and upon vote Lutes , Hardy, Ward and Lyons voted aye. Mayor declared Ordinance No. 402 duly adopted. Proposed Ordinance No. 403 , relating to building regulations and amending fire codes , was read at length by Attorney Remaklus . Hardy introduced and moved adoption of proposed Ordinance No. 403 , AN ORDINANCE OF THE CITY OF McCALL, IDAHO, RELATING TO BUILDING REGULATIONS; AMENDING SECTION 2-1-5 OF THE VILLAGE CODE OF McCALL, IDAHO, PROVIDING FOR THE ADOPTION OF THE NATIONAL ELECTRICAL CODE; AMENDING CHAPTER 1 OF TITLE II OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION OF A NEW SECTION 2-2-8A PROVIDING FOR OCCUPANCY EXCEPTIONS IN FIRE ZONE 2 AND BY THE ADDITION OF A NEW SECTION 2-1-8B PROVIDING FOR ADDITIONAL ELECTRICAL WIRING REQUIREMENTS. Lyons moved to suspend the rules for pas- sage of proposed Ordinance No. 403 . Ward seconded the motion and upon vote was declared carried unanimously. Lyons seconded the motion for adoption of proposed Ordi- nance No. 403 and upon vote Ward, Hardy, Lyons and Lutes voted aye . Mayor declared Ordinance No. 403 duly adopted. Proposed Ordinance No. 404 , an ordinance relating to dog fines , was read in full by Attorney Remaklus . Lutes intro- duced and moved adoption of proposed Ordinance No. 404 , AN ORDINANCE RELATING TO DOGS; AMENDING CHAPTER 4 OF TITLE V OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION OF A NEW SECTION 5-4-30A THERETO PROVIDING FOR PAYMENT OF FINES TO THE CITY TREASURER AND PROVIDING A PROCEDURE THEREFOR, MAKING IT UNLAWFUL TO FAIL TO REPORT AND/OR PAY SUCH FINES ; AND PROVIDING A PENALTY. Hardy moved to suspend the rules for passage of proposed Ordinance No. 404 , Ward seconded the motion, and upon vote was declared carried unanimously. Hardy seconded the motion moving adoption of proposed Ordinance No. 404 and upon vote Lutes , Hardy, Lyons and Ward voted aye . Mayor Evans declared Ordinance No. 404 duly adopted. The Mayor received a telephone call from the Lake Reservoir Company who are in agreement with our proposal of placing marker buoys across the outlet of the lake and swimming pool and want to get the proposal in writing. Subject was referred to Attorney Remaklus for an answer. Mr. and Mrs . David Mathis , living at 305 Hill Road, complained that for the past three years the water pressure has con- tinued to be less and less and that Evergreen Terrace home owners are all effected the same . They are concerned about more development effecting the water pressure . After dis- cussion, Water Superintendent Seetin was directed to run a study on water pressure to determine necessary action. David Mathis also questioned as to whether or not Paul xheson' s mobile home was set back 100 feet from their permanent residence . Asked that the ordinance be enforced in this regard. The Mayor stated the matter would be looked into. Attorney Udell requested to address the Council again regard- ing appeal procedure for James Sproat variance request stat- ing that Appeal procedure reads that, upon receipt of an Appeal, the Council shall set a hearing, consider all testi- mony, Commission' s minutes , and decide to either uphold, conditionally uphold, or overrule the Commission. The pro- cedure makes no provision to send it back to Planning and Zoning. Udell asked the Council to say that five ( 5) foot setbacks are permissable, approve the variance request . A brief recess was called to allow the City Attorneys to review the Appeal procedure of the Zoning Ordinance . Jpon returning to the meeting, Remaklus stated there was some inconsistencies in the language in the ordinance but it did speci.f' ,:ally state that the City ):)until, at its next regular meeting following the receipt of the Planning an•d Zoning Commission' s report , shall consider and act upon the recom- mendation of the Commission. Further, another section of the statute provides that the City Council shall set a hear- ing date to consider all information, testimony , and Com- mission' s minutes of the public hearing to reach a decision to uphold, conditionally uphold, or overrule the Commission, by a vote of one-half plus one of the full City Council. Once the action is taken the Council must specify in the minutes of their meeting the ordinance and standards used in evaluating the appeal, the reasons for approval or denial, or the conditional approval, and the action, if any , that the applicant could take to obtain a permit in the event the permit is denied. Based on information given by the City Attorney, the City Council was required to render a decision. Ordinances and standards used in evaluating the request application was City of McCall Zoning Ordinance No. 387; standards are those under Residential A, Low Density, para- graph having to do with setback requirements 3-5-5 para- graph A) sub-paragraph 4 and 5 . Height of Building is under definitions 3-4-1. Side setbacks and street sdback are less than required. North, South, and East sideline setbacks are insufficient and street setback is insufficient . To allow a house to be built that close to sideline is much too close for future ownership. Hardy moved to uphold the Planning and Zoning Commission' s recommendation to deny the variance request of James Sproat . The motion was seconded by Lyons and upon vote Hardy, Lyons , Lutes and Ward voted aye . Mayor declared the motion carried unanimously and that the Planning and Zoning Commission would be notified of the action taken. The Planning and Zoning Commission received the Idaho Land Developer' s amended Airport Business Park Subdivision pre- liminary plat at their May 6, 1980, meeting which showed the driveway designated as a Private Road with a 60 ' right of way. The Commission recommended City Council approval of the Airport Business Park Subdivision preliminary plat . Hardy moved Council approval of the Airport Business Park preliminary plat . Ward seconded the motion and upon vote was declared carried unanimously. A letter was received from DeWayne Bills , Idaho Land Developers , informing Mayor Evans that both ball parks can be used this year as in the past because development plans in that area have been slowed. Also, they would like to continue negoti- ations for exchange of land so the ba]lfield on the West could remain. A date for a ceremony to transfer the title of the 1 . 8 acres —* at the old Mill site, which the Idaho Parks Foundation has held in trust for the City , was discussed and a tenative date of July 14 or 15 was set . Boise-Cascade Corporation, Richard Carothers and Associates , and State Parks Department personnel have expressed a desire to be present for the transfer. The Mayor said that Jayne Brown had asked if the Council had discussed, at any time, making a donation to the Idaho Parks Foundation, as this is a non-profit corporation in the business of holding ground, like the City ' s , until whoever is able to accept it . Cost of administration is paid by donations . Council might want to consider this . The Clerk advised the Council that an Idaho Liquor Catering Permit to BPOE #2569 Inc. , to be used at the McCall Mercantile on May 24, 1980, was approved by Police Chief Lyon and issued by the Clerk. A Lease/Purchase Agreement between the City of McCall and Boyd Martin Company for the purchase of a 1980 Jacobsen Tractor Mower for the Golf Course was presented for the City Attorney ' s review and Council discussion. The contract will have to be rewritten because of the $5, 000 . limitation on purchase and the need of a cancellation option clause . The Richard Carothers Associates Technical Contract , dated May 30 , 1980 , was read in full. Attorney Remaklus advised that the contract be returned for rewriting showing it will be calculated at the hourly rates as shown not to exceed a maximum basic fee of $22 , 000 . The Clerk reported that the City has a special fund, the McCall Hospital Trust Fund, with a balance of $9 , 345 . 13 which was money left over after terms of the contract with the County were satisfied. The Auditors recommend, since the City has complied with all conditions agreed upon with the County , this sum can be transferred into the General Fund Account to be budgeted in 1980/1981 budget . Hardy moved the Council authorize the City Treasurer to close out the McCall Hospital Trust Fund and transfer the funds to the General Fund account . Ward seconded the motion and upon vote Lutes , Hardy , Lyons and Ward voted aye. The motion was declared carried unanimously . Hardy proposed the Library would like the construction of a concrete floor in back of the library within the new addition at a cost of approximately $900 . 00 . Consensus of the Council was that , if the Library has money available , it would have no objection to their going ahead with the concrete floor. However, storage space must be kept available for the Police Department . Lutes inquired as to when the two-hour parking sign would be put up at the Texaco Station and suggested that the area behind the City Hall be utilized for parking space . Mayor suggested that the Council be considering a name for the Old City Hall Park on 3rd Street . The following bills were read for payment . No. 0739 Dennis P. Babineau $ 100 . 00 0740 Donald R. Broughton 250 . 00 0741 Hugh H. Cooke 300 . 00 0742 John L. Lyon 250 . 00 0743 Janice L. Nelson 150 . 00 0744 Larry S. Olson 250 . 00 0745 Roger W. Rockwell 250 . 00 0746 Scott L. Sprague 250 . 00 0747 Donald B. Van Cleave 250 . 00 0748 Sharon Azar 56 . 44 0749 Dennis Babineau 555 . 50 0750 Roger D. Bates 677 . 03 0751 Sandra K. Bates 597. 94 0752 Donald R. Broughton 592 . 85 0753 Mabel Burgess 47. 31 0754 Gloria L. Cantrell 278. 79 0755 Joye S. Catlin 574. 16 0756 Larry Chalfant 981. 90 0757 Martha Chitwood 600 . 55 0758 Hugh H. Cooke 497 . 60 0759 Lorne D. Dalgleish 594. 16 0760 Robert S. Dodge 476 . 37 0761 John B. Drips 613. 77 0762 Bill A. Evans 84 . 05 0763 Donald L. Fitzwater 68. 12 0764 Margaret E. Fogg 723. 98 0765 Michael K. Gantz 52 . 46 0766 James F. Gibson 237. 15 0767 James W. Hardy 67. 02 0768 Sophie T. Howard 368. 76 0769 Barbaree Jernigan 294. 91 0770 Jack E. Latham 326 . 10 0771 Clifford Lutes 67. 02 0772 John L. Lyon 866 . 69 0773 James R. Lyons 67. 02 0774 Ralph R. Murray 748. 14 0775 Janice L. Nelson 303 . 28 0776 Larry S. Olson 701. 20 0777 Richard T. Remaklus 776 . 83 0778 Robert H. Remaklus 512 . 51 0779 Roger W. Rockwell 592 . 85 0780 Michael Root 599 . 18 0781 Susan V. Rucker 41. 19 0782 W. O.J. Seetin 1,203. 65 0783 W. O.J. Seetin 217 . 75 0784 David B. Smith 1,019 . 34 0785 Sandra Marie Solterbeck 59 . 14 0786 Scott L. Sprague 638. 75 0787 Donald B. Van Cleave 364 . 16 0788 Ernest E. Ward VOID 0789 Kyle E. Weems 239 . 86 0790 Ernest H. Woods 209 . 16 0791 Idaho First National Bank 3,649 . 60 0792 Idaho State Tax Commission 913 . 30 0793 Public Employees Retirement System3 ,188. 77 No. 0794 Association of Idaho Cities $1,244 . 75 0795 American Family Life Assur. Co. 22 . 70 0796 Postmaster 30 . 00 0797 Ernest E. Ward 67. 02 0798 Postmaster 99 . 30 0799 Valley County Recorder 6 . 00 0800 Interstate Business Equipment Inc. 450 . 00 0801 Valley County Recorder 2 . 00 0802 Maury Ainger 32 . 50 0803 Rick Bollar 20 . 50 0804 Ron Bowling 10 . 50 0805 Tom Chaloupka 14 . 00 0806 Dan Cochran 22 . 50 0807 Dempsey Eddins 29 . 00 0808 Don Fitzwater 32 . 50 0809 Bill Florence 15 . 50 0810 Tom French 17 . 00 0811 Bill Gilbert 3. 50 0812 Boyd Gilbert 48 . 00 0813 Dan Gray 12 . 00 0814 Bill Haworth 7. 00 0815 Tom Ireland 32 . 50 0816 Jim Madden 25 . 50 0817 Ken Medley 10 . 00 0818 Dave Smith 32 . 50 0819 Harry Stathis 10 . 00 0820 Ernie Woods 10 . 00 0821 Margaret E. Fogg 43 . 49 0822 Sandra Bates 52 . 25 0823 McCall Police Department 24. 25 0824 Larry S. Olson 8 . 15 0825 Acheson Motors 140 . 00 0826 The Art Mart , Inc . . 45 0827 Bidall 371. 75 0828 Boyd Martin Co. 7,098. 00 0829 Redex, Inc. 9 . 78 0830 Cal Gas - McCall 18 . 54 0831 Car Care Center 163. 98 0832 Cheam Publishing Ltd. 12 . 71 0833 Chevron U. S. A. Inc . 1,927 . 53 0834 Continental Tel. Co. of the West 490 . 32 0835 Curt Smith 25 . 00 0836 Doubleday & Company , Inc . 63. 47 0837 Doubleday Book Club 20 . 32 0838 Emerson Books , Inc. 47. 23 0839 Fire Chief 15 . 00 0840 Gordon' s Books , Inc . 23. 56 0841 Grover' s Pay & Pack 181. 18 0842 High Mountain Nurserys , Inc .. 421. 58 0843 H & W Plumbing and Electric 33 . 26 0844 Idaho Power Company 2 ,779 . 81 0845 Idaho Sporting Goods Company 174 , 80 0846 Idaho Statesman Dealer 33 . 60 0847 Interstate Business Equipment Inc. 126 . 50 0848 Jeffries ' Contracting 203 . 55 0849 Lake Shore Disposal 219 . 19 0850 Lakeside Conoco 74 . 02 0851 Mark' s Chevron Service 37 . 85 0852 May Hardware , Inc. 487 . 56 0853 McCall Auto Supply 7. 46 0854 McCall Office & Home Appliance 8 . 76 0855 McCall Senior Citizens 9 . 45 0856 The Merc 31. 05 "'"`. 0857 National Police Supply 67 . 80 0858 Norco 31. 46 0859 OSC DATA 171. 93 0860 O'Neill International Inc . 169 . 40 0861 Payette Lakes Lumber Co. 164 . 12 0862 Phil Harris Record Co. 87 . 17 0863 Quality Paperback Book Club , Inc. 31. 20 0864 Rowland Bros . 124 . 00 0865 Sackerman' s Texaco 42 . 72 0866 Share Corp_ . 25 . 89 0867 Shaver' s 14 . 63 0868 Snowbird Laundry & Dry Cleaning 70 . 25 0869 Sonny ' s Tire Service 370 . 84 0870 Sports Marina 36 . 70 No. 0871 Stans Auto Parts $ 45 , 20 0872 Star-News 118 . 69 0873 State Tax Commission 785 . 42 0874 Sterling Codifiers Incorporated 24 . 00 0875 Steve Regan Co. 1, 834 . 50 0876 Time/Life Books 19 . 11 0877 Troy Ldy. & Dry Cleaning 12 . 90 0878 Union Oil Company of California 41. 30 0879 Valley County Construction 800 . 00 0880 Valley County Sheriffs Office 95 . 00 0881 Vicco Plumbing 23. 13 0882 Western Equipment Company 1, 324 . 38 0883 William A. Kirk Agency Inc. 20 . 00 0884 Ingram 13 . 69 0885 Postmaster 60 . 00 0886 Idaho First National Bank 156 . 31 0887 Idaho First National Bank 1,158. 15 0888 VOID VOID 0889 Inter-Mountain State Bank $129 ,927. 78 Following the reading of the bills , Hardy moved the bills be approved and ordered paid. Lutes seconded the motion and upon vote Lyons , Ward, Hardy and Lutes voted aye . Motion was de- clared carried unanimously. Lutes moved the Council approve the Copier Service Agreement with Interstate Business Inc. on the Canon Copier machine from June 10, 1980 to June 9 , 1981, for $450 . 00 . Motion was seconded by Hardy and upon vote Lutes , Hardy, Lyons and Ward voted aye . Motion was carried unanimously. Mayor Evans agjo ed the meeting at 1 : 51 a.m. until Monday, July 1980 ,7 7 : 0 p.m. /524 Ma Cl rk JULY 7, 1980 McCall City Council met in regular session Monday , July 7 , 1980. Mayor BILL A. EVANS presiding.. The following members were present : LUTES, WARD, LYONS and HARDY. The minutes of the meeting held June 2 , 1980 , were read and approved as read. The Mayor and Council had received notice of the following actions by the McCall Planning and Zoning Commission at their June 17th, 1980 , meeting: The Commission recommended approval of the Final Plat of the Moore Property, presented by Idaho Land Developers , with the following provisions : utility easement to be noted on the Plat and the signature line for the McCall Planning and Zoning Chairman added to the second page of the mylars . Mayor Evans informed the Council that this Final Plat , with the above corrections made , was resubmitted to the Planning and Zoning meeting of July 1, 1980 . It was moved by Hardy and seconded by Lutes to approve the Final Plan of the Moore Subdivision by Idaho Land Developers and authorize the Clerk to execute the mylars . Upon vote, Lyons , Hardy , Lutes and Ward voted AYE. Motion carried unanimously. The Planning and Zoning Commission recommended approval of the Final Plat of the Airport Business Park. Attorney Remaklus informed the Council that they are to submit a Declaration of Private Street for recording at County Recorder's Office . Moved by Hardy and seconded by Lyons to approve the Airport Business Park Final Plat of Idaho Land Developers , subject to furnishing of the Declaration of Private Street , and authorize the Clerk to sign the document after receipt of the street declaration. Upon vote LYONS, LUTES , WARD and HARDY voted AYE. Motion carried. The P & Z Commission further recommended to grant the requested variance to M. AinK r and G. Van Komen to allow the 20 ' setback required to be placed at the front of the bulding rather than at the rear on property described to-wit : N, of Lot 12 ; N 61 ft . of W2 of Lot 13, Block 12 , McCall 1st Addition; the following having been considered as set forth in 3-24-4 (A) . 1. Request evaluated in conjunction with 3-23-1 (1) , Variances , showing that all items , deprivation of privileges , rendering the land economically useless , and not being in conflict with the pub- lic interest , are evident in this case . 2 . Due to the above terms of the variance requirements having been met , the Com- mission felt that granting this variance is in order. 3 . The Commission will recommend approval to the City Council, and upon approval the applicant need only obtain a building permit . It was explained that the present building is to be removed and a retaining wall built at back of lot . Following dis- cussion it was moved by HARDY and seconded by WARD to approve the variance to M. Ainger and G. Van Komen for a 20 ' setback to be placed at the front of the building rather than at the rear of the property described above , reasons being those listed in the Planning and Zoning recommendation referred to above . Upon vote LUTES, HARDY, WARD and LYONS voted AYE. Motion carried and Mayor Evans announced the variance would be granted. Planning and Zoning Commission recommended to grant the request of Charles Cummings III for a reclassification of zone from F-Urban Agriculture and Recreation to B-Medium Density Resi- dential, on a tract of land (Hi-way Chapel Camp) in the NW4 NE4j Section 16 , approximately six (6) acres . The P & Z Commission recommendation considered Zoning Ordinance 3-24-4 (A) as follows : 1. Evaluation of the request was considered under 3-7, B-Residential, with respect to this particular site . 2 . Testimony was heard and read and taken under consideration, the Commission felt that the nature of the property lends itself to development at eiig htunits per acre , as the natural vegetation provides a landscape buffer from the surrounding area. 3. The Commission has recommended this approval to the City Council and upon approval, the applicant should proceed under 3-17 , PUD. A letter dated June 24 , 1980 , with thirty-three ( 33) signatures , from a group of homeowners in the area surrounding subject pro- perty was received by the Mayor on June 24, 1980 , requesting an appeal of the Planning and Zoning Commission' s recommendation for B-Residential zoning of the Hi-way Chapel Church Camp pro- perty, was read in full giving reasons as follows : (1) Dwelling density greatly effecting traffic; (2) water pressure inade- quate for existing homes ; ( 3) B-Residential zoning of this property will make expansion of the Commercial Zone along the highway easier in the future; and ( 4) that the P & Z Commission feels that , because of the presence of the Nursing Home and the lack of opposition to the Senior Citizen' s Development and the request for B-Residential zoning by Evergreen Terrace for two lots , this neighborhood should become the multi- dwelling, high density area for the City . Upon receipt of letter, the Planning and Zoning Commission was notified and referred to the paragraph in Zoning Ordinance 3-24-9 , Appeal to the City Council. Consensus of the City Council was to hold a public hearing on August 4 , 1980 , to uphold, uphold with reservations , or overrule the Planning and Zoning Commission' s recommendation for B-Residential zoning of the Highway Chapel Church Camp property . Mayor reported that wablr pressure readings taken on Floyd Street indicated pressure is low and study is being taken to determine required action. At the July 1, 1980 , Planning and Zoning Commission meeting the Commission recommended approval of the Burton Walker request for a reclassification of zone within the Impact area of the City of McCall. It is also recommended that the Comprehensive Plan of the Impact Area of the City of McCall be changed to reflect the change . The property is described to-wit : SE1/4,NE4 of Section 18, T18N, R3E, B.M. , Valley County , Idaho, approximately 40 acres within the Impact Area to be reclassified from Zone E-Agriculture to B-Residential. AND W2jSW4, NW4, Section 17, T18N, R3E, B.M. , Valley County , Idaho; NWT, SW4j Section 17, T18N, R3E, B.M. , Valley County , Idaho; and W 660 feet of Lot 17 , Section 17, T18N, R3E, B.M. , Valley County , Idaho, approximately 65 acres within the Impact Area to be reclassified from zone A-Residential to D-Industrial. In accordance with McCall City Code 3-24-4(A) , the following is recorded: (1) In evaluating the application for change of zone, it was felt that inasmuch as the Impact Area Zoning Ordinance adoption was expedited to comply with the writ of mandate , the current uses of the area were not taken into con- sideration, i. e. existing sawmill, gravel pit and sewer lagoons , when the A-Residential zone was designated. (2) Approval found in the need of an industrial area. ( 3) Upon receipt of approval by the Valley County Commissioners and McCall City Council, applicant may proceed under Building Permit Procedures . Following discussion, it was moved by WARD and seconded by HARDY TO APPROVE THE Planning and Zoning Commission' s recom- mendation and reclassify Burton Walker property described in the request given above . Upon vote HARDY, WARD, LYONS and LUTES voted AYE. Motion carried unanimously . Roberta Fry, representing Retail Merchant ' s Association and Chamber of Commerce , described to the Council their plans to hold a Sidewalk Sale and Flea Market on Saturday , July 19 , 1980 , and requested permission to close Second street from North side of Lenora to the Post Office entrance. Police Chief Lyon could see no problem as long as adjacent property owners did not object . Council had no objection to the Mer- chant ' s Sale and Flea Market but following conditions were made : Chamber of Commerce was to purchase one "Hawkers" license to cover those hawkers they' re bringing into the City, provide the City Clerk with a list of booths , sidewalk sales cannot be held in the future without consideration, local merchants cannot block sidewalk, must have clean-up committee , and this type of sale will not be continuous to another day . Matt Wallace asked for Council approval to use wooden founda- tions in building his home . City Engineer, Jack Latham, is opposed to the use of wooden foundations because he considers it poor engineering and he doesn't believe the average contractor would go to the expense of meeting the specifications that have to be met for wood foundation system. Remaklus commented that he can find nothing in the Uniform Building Code that prohibits their use and he saw no liability on the part of the City . Matt Wallace defended the use of wooden foundations . After lengthy discussion, it was moved by HARDY and seconded by WARD to approve Matt Wallace ' s request for use of wooden foundations for building his home and treat future applications on an individual basis . Upon vote it was declared carried unanimously . A Courtesy Car Agreement on a 1972 Metador Station Wagon, #A2A187H-331,910, was received on the car recently delivered to the airport . The 1961 Ford Station Country Sedan, 1964 Ply- mouth 4-door Sedan, and the 1956 Chevrolet 4-door Sedan are inoperable and the State will be reclaiming them. It was moved by HARDY seconded by WARD to approve the Courtesy Car Agreement and authorize the Mayor and Clerk to execute the agreement with payment of sponsor' s cost of $450 . 00 to be taken from courtesy car income. Upon vote WARD, HARDY, LUTES and LYONS voted AYE . Motion carried unanimously. It was reported that the airport fence has been repaired. Seetin is to inspect cracks in pavement at airport and get cost esti- mates for repairs . Letters from Shavers , McCall Drug, Intermountain State Bank, and Idaho First National Bank were read regarding the need for additional parking in the down town area. Chief Lyon is to investigate parking evaluation of the space adjacent to the Post Office. The Lease Purchase Agreement on the tractor mower for the Golf Course was discussed. Remaklus recommended the adoption of a Resolution and, when documents are received with figures as in the Resolution, they can be signed and submitted with his approving opinion. HARDY moved the adoption of the follow- ing RESOLUTION: BE IT RESOLVED, that the City of McCall lease a 1980 Jacobson hydraulic tractor mower costing S17 ,995 . 00 to be repaid over a 37 month period with an advance payment of s4,995. 00 followed by 37 monthly payments of $416 . 52 each, payable in arrear. BE IT FURTHER RESOLVED, that Boyd Martin Company shall act as Lessor with the Idaho First National Bank acting as the financing entity, and that the Mayor and Clerk of the City of McCall be , and are hereby authorized to execute the necessary documents on behalf of the City of McCall. Ward seconded the motion and upon vote LUTES, HARDY, WARD and LYONS voted AYE . Motion carried unanimously. Mayor Evans reported a problem with the Ejector pump at Davis Beach. City has been unable to obtain repair parts and may have to put in a different type pump and motor at a cost of approximately $1, 350 . 00 , Remaklus requested a copy of specifications for the addition on the Senior Citizen' s building with identification numbers so that an addendum to the Senior Citizen''s Lease Agreement can be prepared. Proposed Ordinance No. 405 , relating to traffic , was read in full by Attorney Remaklus . Hardy introduced and moved adoption of proposed Ordinance No. 405, AN ORDINANCE OF THE CITY OF McCALL, IDAHO, RELATING TO TRAFFIC; AMENDING SECTION 7-17-3 PROVIDING FOR AN INCREASED FEE FOR MOVING BUILDINGS OR STRUCTURES OVER THE STREETS OF McCALL, IDAHO, AND PROVIDING EXCEPTIONS; AMENDING SECTION 7-17-4 PROVIDING FOR AN INCREASED PENALTY FOR VIOLATION OF THIS CHAPTER. --* LYONS moved to suspend the rules for passage of proposed Ordinance No. 405 , seconded by Lutes and upon vote was de- clared carried unanimously. LUTES seconded the motion for adoption of proposed Ordinance No. 405 and upon vote Lyons , Hardy, Lutes and Ward voted AYE. Motion carried unanimously . Mayor declared Ordinance No. 405 duly adopted. Remaklus read in full proposed Ordinance No. 406 , an ordinance relating to transfer of Beer License . Hardy introduced and moved adoption of proposed Ordinance No. 406 , AN ORDINANCE RELATING TO BEER LICENSES; AMENDING CHAPTED 1 OF TITLE IV OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION OF A NEW SECTION 4-1-7 THERETO ESTABLISHING QUALIFICATIONS OF TRANSFEREES OF LICENSES AND FIXING A FEE FOR THE TRANSFER OF A RETAIL BEER LICENSE. It was moved by LUTES and seconded by LYONS to suspend the rules for passage of proposed Ordi- nance No. 406. Upon vote it was declared carried unanimously. HARDY seconded the motion for adoption of proposed Ordinance No. 406 . Upon vote LUTES, HARDY, WARD AND LYONS voted AYE. Motion carried and Ordinance No, 406 was declared duly adopted. Proposed Ordinance No. 407 , relating to transfer of Liquor License , was read in full by Remaklus . HARDY introduced and moved adoption of proposed Ordinance No. 407, AN ORDINANCE AMENDING SECTION 4-2-9 OF THE VILLAGE CODE OF McCALL, IDAHO, IMPOSING A FEE FOR TRANSFER OF A LICENSE ISSUED PURSUANT TO THE PROVISIONS OF CHAPTER 2 OF TITLE IV OF THE VILLAGE CODE OF McCALL, IDAHO. It was moved by LUTES and seconded by LYONS to suspend the rules for passage of proposed Ordinance No. 407. Upon vote it was declared carried unanimously. WARD seconded the motion for adoption of proposed Ordinance No. 407 and upon vote LUTES, HARDY, WARD and LYONS voted AYE. Motion carried unanimously and Ordinance No. 407 was declared duly adopted. State Land Office , represented by Bill Petzak, would like to buy water from the City for their leaseholders , approximately eighty ( 80) units , in the Pilgrim Cove Camp development , as their present water system is not adequate, and requested City charges for supplemental water needed. Petzak explained they would lay the water line to the City line, would install and maintain the cross flow devices necessary , a check valve , a pressure reducer, and appropriate metering devices , installed to City standards , and State would pay the water bill, collect- ing from their leaseholders . The State proposes to purchase supplemental water during the months of May through November. Discussed were charges of $640 . 00 per month for May , October, and November and $800 . 00 per month for June, July and August , providing 240 ,000 gallons , with an additional charge for overrun; and if Council would be setting a precedent causing problems with similar requests at a later date . Remaklus proposed an agreement that , in case of water shortage, Pilgrim Cove supplemental water supply would be cut first . Decision was to have Attorney Remaklus research the legal status of such arrangement and to check with the P.U. C. regarding the request . Mayor Evans announced that the Transfer of the Mill Park Deed from Idaho Park Foundation to the City was scheduled for Tuesday , July 15 , 1980 , at 2 : 00 p.m. on the site. A No Host luncheon was set for noon at Shore Lodge . Invitations were sent to President of Idaho Parks Foundation, Idaho State Parks Department , Richard Carothers Associates , Boise- Cascade Corporation, and the Northwest Regional Director of Heritage Conservation and Recreation Fund. Mayor invited all Council members to the luncheon and Transfer ceremony. Attorney McAlister will explain the Fasano Case and its implications to the Planning and Zoning Commission and City Council at the P & Z meeting Tuesday , July 15 , 1980 , at 7 : 30 p.m. Lutes reported that the Weiser police were here to assist the Police Department over the July 4th weekend. Hardy reported that the Airport Advisory Committee had had two meetings with the Master Planners and another is scheduled for July 10th at 7 : 30 p .m. Also, reported he had upheld the Airport Manager's decision to have an aircraft with a flat tire removed from the runway as a safety precaution. Gary Potter and Scott Jeffrey were present to discuss the Cable TV Franchise proposals . It was the Council ' s decision to give each of the four proposers one-half hour for verbal presentation on Monday , July 14 , 1980 , at 7 : 30 p .m. Bjorn Dahlin, speaking on behalf of his church and the Youth ' Group of their church. requested permission for the young people to gather in Art Roberts Park for an hour' s singing and testimony on Friday evenings . Since it will be a matter of concern to the Police Department , it was the consasus of the Council that Police Chief Lyons make the decision re- garding continuation of the meetings . Naming of the Mill Park and Old City Hall Park was discussed, with the only suggested names being McCall Mill Park and Progressive Club Community Park. Council 's decision was to request public suggestions for names . Remaklus advised that requests received by the City and County for sewer hookups in the sewer district should be referred to Payette Lakes Water and Sewer District . Mayor Evans suggested the Sewer District send the City a letter stating that no sewer connections be accepted into City sewer system from Payette Lakes Water and Sewer District area. On June 30 , 1980 , the Clerk polled the Council regarding applications from Rick Fereday, Fireworks Chairman of McCall Chamber of Commerce, for a fireworks display on July 4th, and from McCall Lions Club and McCall L. D. S. Ward Elders Quorum for fireworks booths . All Council members approved the applications . It was moved by HARDY and seconded by LYONS TO CONFIRM THE ACTION TAKEN ON June 30 , 1980 , approving applications for fireworks booths and fireworks display. Upon vote motion carried unanimously. The Clerk was advised to include Sterling Codifiers Incorporated increased supplement Service Fee of $175 . 00 and the International Business Machine Service Agreement on the two IBM typewriters in 1980/1981 budget . The following bills were read for payment : No. 0890 Donald R. Broughton $ 250 . 00 0891 Hugh H. Cooke 100 . 00 0892 Robert S. Dodge 257 . 29 0893 Michael K. Gantz 125 . 00 0894 John L. Lyon 250 . 00 0895 Jan Nelson 150 . 00 0896 Larry S. Olson 250 . 00 0897 Roger W. Rockwell 250 . 00 0898 Scott L. Sprague 250 . 00 0899 Donald B. Van Cleave 250 . 00 0900 Smith & Kangas Engineers , Inc. 4 ,981. 60 0901 Postmaster 18 . 00 0902 Dennis P. Babineau 668. 41 0903 Roger D. Bates 677 . 03 0904 Sandra K. Bates 577 . 99 0905 Donald R. Broughton 592 . 85 0906 Mabel Burgess 43. 37 0907 Gloria Cantrell 136 . 30 0908 Joye S. Catlin 574. 16 0909 Larry Chalfant 992 . 97 0910 Sara Martha Chitwood 600 . 55 0911 Hugh H. Cooke 697 . 60 0912 Lorne D. Dalgleish 591. 90 0913 John B. Drips 613 . 77 0914 Bill A. Evans 84 . 05 0915 Donald L. Fitzwater 68. 12 0916 Margaret E. Fogg 723. 98 0917 Michael K. Gantz 454 . 61 0918 James F. Gibson 343 . 81 0919 James W. Hardy 67 . 02 0920 Sophie T. Howard 415 . 93 0921 Jack E. Latham 326 . 10 0922 Cliff Lutes 67 . 02 0923 John L. Lyon 866 . 69 0924 James R. Lyons 67 . 02 0925 Ralph R. Murray 670 . 37 0926 Janice L. Nelson 317 . 46 0927 Larry S. Olson 701. 20 0928 Richard T. Remaklus 776 . 83 0929 Robert H. Remaklus 512 . 51 0930 Roger W. Rockwell 592 . 85 0931 Michael Root 552 . 87 0932 W. O. J. Seetin 1,203. 65 0933 W. O. J. Seetin 217 . 75 0934 Terry Ann Sharp 131. 37 0935 David B. Smith 1,008 . 10 0936 Sandra M. Solterbeck 55 . 85 0937 Scott L. Sprague 638. 75 0938 Donald B. Van Cleave 364 . 16 0939 Ernest E. Ward 67 . 02 0940 Kyle E. Weems 340 . 00 0941 Ernest H. Woods 209 . 16 0942 Valley County Trust Account 9 ,757 . 50 0943 Idaho First National Bank 3,652 . 50 0944 Idaho State Tax Commission 916 . 60 0945 Public Employee Retirement Sys . 3 , 196 . 23 0946 Association of Idaho Cities 1,175 . 00 0947 American Family Life Assur. 29 . 30 0948 Terry Sharp - Water Clerk 21 . 04 0949 Postmaster 104 . 90 0950 Roy Yokum 390 . 00 0951 Maury Ainger 10 . 50 0952 Rick Bollar 12 . 00 0953 Ron Bowling 14 . 00 0954 Tom Chaloupka 14 . 00 No. 0955 Dan Cochran $ 10 . 50 0956 Dempsey Eddins 19 . 00 0957 Don Fitzwater 24 . 00 0958 Bill Florence 10 . 50 0959 Boyd Gilbert 31. 00 0960 Dan Gray 19 . 00 0961 Bill Haworth 5 . 00 0962 Tom French 10 . 50 0963 Tom Ireland 19 . 00 0964 Jim Madden 19 . 00 0965 Ken Medley 5 . 00 0966 VOID VOID 0967 Sandra Bates 38. 00 0968 Larry S. Olson 11. 62 0969 Larry S. Olson 284 . 39 0970 Jim Barnett 49 . 00 0971 Johnny Brown 14. 00 0972 Rob Dodge 21. 00 0973 Thera Duel 55 . 00 0974 Bruce Gestrin 63 . 00 0975 Dan Hearne 28. 00 0976 Doug Ingraham 42 . 00 0977 Eric LaRowe 73. 00 0978 Ms . Lisa Onweiler 248. 00 0979 Paul Mann 87 . 00 0980 Derald Marti 35 . 00 0981 Bob Smith 42 . 00 0982 Patti Warner 248 . 00 0983 Ray Woods 15 . 00 0984 Dave Smith 8 . 50 0985 Acheson Motors 50 . 00 0986 The Art Mart , Inc . 3 . 58 0987 The Bobbs Merrill Co. , Inc. 1 . 17 0988 Boyd Martin Co. 928. 55 0989 Brown' s Industries , McCall Division 100 . 74 0990 C. & M. Lumber Company , Inc. 31. 74 0991 Car Care Center 182 . 32 0992 Century Laboratories 262 . 50 0993 Chevron U. S.A. Inc . 1,947. 78 0994 Continental Tel. Co. of the West 505 . 47 0995 D. H.W. Bureau of Laboratories 18. 00 0996 International Bus . Machines Corp . 60 . 60 0997 Decker' s Inc. 158. 66 0998 Demco 28. 87 0999 Dempsey Eddins 30 . 00 1000 Department of Employment 2 ,101. 44 1001 Doubleday Book Club 28. 26 1002 Electronic Enterprises 34 . 00 1003 Garden Way Publishing Co. 24 . 32 1004 Gaylord Bros . , Inc . 157. 24 1005 Golf Associates Advertising Co. , Inc . 612 . 00 1006 Gordon' s Books , Inc. 145 . 57 1007 H & W Plumbing and Electric 95 . 17 1008 Idaho Business Machines 11. 80 1009 Idaho Concrete Pipe Co. , Inc . 498. 82 1010 Idaho Power Company 3 ,276 . 52 1011 Idaho Sporting Goods Co. 51. 56 1012 INGRAM 246 . 29 1013 Lake Shore Disposal 127 . 19 1014 Long Valley Farm Service 34 . 50 1015 May Hardware, Inc . 143 . 85 1016 McCall Office & Home Appliance 109 . 82 1017 McCall Rexall Drug 26 . 85 1018 Medley Sports 172 . 84 1019 Norco 16 . 50 1020 (Greenhurst ) Nursery & Garden Ctr. 91. 00 1021 OSC Data 175 . 07 1022 Office of State Tax Commission 590 . 91 1023 Paul H. Hook Sales 4 . 30 1024 Payette Lakes Lumber Co. 532 . 31 1025 Quality Paperback Book Club , Inc . 64 . 72 1026 R. R. Bowker 101. 02 1027 Redex, Inc . 43 . 25 1028 Ron' s Shell Service 104 . 50 1029 Rowland Bros . 301. 90 1030 Shaver' s 11. 67 No. 1031 Silver Burdett Company $ 19 . 29 1032 Smith & Kangas Engineers , Inc. 5,203 . 60 1033 Snowbird Laundry & Dry Cleaning 98. 75 1034 Sports Marina 29 . 35 1035 Sonny ' s Tire Service 131. 24 1036 Stans Auto Parts 80 . 64 1037 Star-News 12 . 00 1038 Star-News 164 . 54 1039 State Insurance Fund 624 . 97 1040 Idaho Statesman Dealer 26 . 30 1041 Steve Regan Company 205 . 89 1042 Troy Ldy. & Dry Cleaning 12 . 90 1043 Union Oil Company of Calif. 15 . 10 .001.• 1044 The Regents of the University of California 4. 28 1045 Western Equipment Company 1, 324 . 38 1046 William A. Kirk Agency Inc . 1,371 . 00 1047 WYCOFF 8. 30 1048 Police Department 22 . 50 Following the reading of the bills it was moved by WARD and seconded by LUTES the bills be approved and ordered paid. Upon vote LUTES, LYONS . WARD and HARDY voted AYE. Motion carried unanimously . Mayor Ev recessed the meeting at 11 : 49 p .m. until Monday, J_ly 14, 980, at 7: 30 p .m. /. 1 \ /v—/7 l 7ye /�/ C l e k JULY 14, 1980 McCall City Council met in special session Monday, July 14 , 1980 . Mayor BILL E. EVANS presiding. The following members were present : LYONS, LUTES, HARDY and WARD. MAYOR EVANS opened the recessed meeting of July 7 stating that the meeting was for the purpose of hearing verbal pre- sentations of Cable Television proposers . It was Attorney Remaklus ' opinion that the Council have an open meeting to conduct these interviews . He commented that he was sure the applicants for the Cable TV Franchise were aware of the lack of statutory law on the subject of Idaho Franchising Statute . There is no guidance in the statute - nothing in the law says it will go to the low bidder, so we would assume that the question of who received the award was going to be based upon service , price , ability to perform and management . Remaklus stated the applicants might wish to make their presentations one at a time in the absence of each other - it was strictly up to them. After discussion, applicants elected to remain in the meeting, requesting a few minutes rebuttal time after the presentations . Hugh Buchanan, Mike Kruegar and Don Boos , representatives of Harmon and Company , presented a film clip showing con- struction and operation of cable systems and short segments of programming offered on the satellite . Charges quoted were $20. 00 installation, $8. 50 per month basic service , and $9 . 00 per month Home Box Office . Construction schedule would be twelve (12 ) months barring weather problems . Plan to serve West to Sylvan Beach and East into area of Pilgrim Cove . Would begin customer hookups as soon as construction was completed. Were willing to post $10 ,000 . 00 performance bond plus construction and payment bond or letter of credit . Have a commitment letter from their bank ready to loan money for the project . Plan to have a local office with manager and clerk. Propose to offer a five months package (May through September) plus installation for S50 . 00 , if prepaid. Would have ten channels plus HBO with channel twelve re- served until Fall of 1981. Plan payment of a franchise fee of 3% of the gross subscriber revenues . /67 Gary Potter and Gary Jones gave a resume of their education and background work in cable television. They are the manage ment and financing. Potter stated, as far as services go, everybody ' s looking at the same burst , same receiver, and using the same electronics . They would have no less than eight and up to eleven channels , programming similar to that already mentioned. Franchise fee of 3% of Basic monthly rate generated in the City to be paid to City of McCall. Would provide a seasonal rate , May through September, on same rates as other subscribers . Rate structure similar to that mentioned. Prefers not to furnish performance bond. Potter would move to McCall and have an office . Billy E. Tracy, Boise-Ada Cablevision, stated his was a local company of Boise , Idaho with a small system on North end of City of Boise. Is franchise holder at Glens Ferry , Idaho, doing all engineering and installation of that system. Has letter of financing for initial commitment of $250 ,000 . 00 toward McCall with another $250 ,000 . 00 available . Tracy would be doing most of the engineering, hiring local people for installation. Upon completion of the system, he would arrange to have an office with a management technician and secretary in McCall. Programming schedule was vertially the same as Harmon with full twelve channels . Charges of $20 . 00 installation, $7. 95 Basic rate , and $9 . 95 Premium television. Would cover most of McCall area around shore to" Tamarack. Has provision of 5% of the gross income return to the City. Provided for bond, insurance, and commercial rates . Would have to make provisions for seasonal residents , no charge for disconnects , $15. 00 reconnect , and no Senior Citizen discount . Scott Jeffrey and Clifford Jeffrey, dba Jeffrey and Sons , gave information with regards to their work in telephone company business . With their background experience in com- munications field, felt that CATV would present no problem. Plan to have buried line system. Will be offering ten channels � � at basic rate with channel eleven to be HBO. Free hookup dur- ing initial construction of system. Thereafter, charges would be $20 . 00 installation, $8 . 00 Basic fee , $8. 00 HBO/Pay TV, and $2 . 00 per month for second set . Would provide school with two cameras , free service , and training for school instructor to teach students . Seasonal rate schedule would be proposed. Construction scheduled for Fall, 1980 , barring unforeseen circumstances , with project in service by August 1, 1981. Would service City limits of McCall and beyond as was feasible. Would have an office in McCall with Scott Jeffrey as local representative. A performance bond and necessary liability insurance would be provided. Proposers elected to excuse themselves from the meeting to allow the Council to continue discussion and make a decision. After considerable deliberation, it was moved by LUTES and seconded by HARDY that McCall CATV, Jeffrey and Sons , be offered the fifteen (15 ) year Cable TV Franchise because of its being a locally-owned business offering the best citizen options as follows : no installation charge, available sea- sonal rates with no reconnection charge , $2 . 00 charge for second set , consideration of a Senior Citizen rate , and would be operational by next August . Upon vote WARD, LUTES, HARDY and LYONS voted AYE. Motion carried unanimously . Remaklus read in full an Easement Agreement between Reed B. Gillespie and the City of McCall for an access to the Mill Park area. Copy of the Easement is to be sent to the State to see if it is satisfactory for addendum to project grant . No action taken. Rose Jeffrey had requested a refund of a "Hawkers" license fee because of being a McCall resident entitled to operate a food booth. After discussion of McCall City Code 1-3-10 and 4-3-11, it was determined she did not qualify for a refund. It was moved by HARDY and seconded by LUTES to deny Rose Feffrey ' s request for refund for "Hawker' s" License as it was collected in conformance with appro- priate ordinance. Upon vote motion carried unanimously. i Upon the return of the cable television proposers to the meeting MAYOR EVANS announced that a decision was made to offer the franchise to Jeffrey and Sons and gave the Council' s reasons . He thanked all proposers for their coming to meet with the Council and Ueir patience over a long period of time. MAYOR EVA djOurned the meeting at 10 : 40 p .m. until Monday, Ay19.ist 4 / at 7 : 00 p .m. „--.1 / j7-7_ r ( // Cl rk ^�* AUGUST 4, 1980 McCall City Council met in regular session Monday , August 4 , 1980. Mayor BILL A. EVANS presiding. The following members were present : LUTES, LYONS, WARD AND HARDY. Minutes of July 7th and 14th, 1980 , were read and approved as read. Mayor EVANS announced that this is the time and place set for a public hearing on the Request of Charles W. Cummings III to reclassify the zone on the property best identified as the Highway Chapel Church Camp from F-Urban Agriculture and Recreation to B=Residential and for the proposal of a Planned Unit Development on this property . The Planning and Zoning Commission held a public hearing on this request on June 3rd and 17th. P and Z Commission action taken at their June 17, 1980 , meeting , ecommended to the City Council to grant the request of Charles Cummings III for a reclass- ification of zone from F-Urban Agriculture and Recreation to B-Medium Density Residential on a truct of land in the NW NE4j Section 16 , approximately six (6 ) acres , under --�+ the considerations as set forth in 3-24-4 (A) . 1. Eval- uation of the request was considered under 3-7, B-Residen- tial, with respect to this particular site . 2 . Testimony was heard and read and taken under consideration, the Commission felt that the nature of the property lends itself to development at eight units per acre , as the natural vegetation provides a landscape buffer from the surrounding area. 3 . The Commission has recommended this approval to the City Council and upon approval, the appli- cant should proceed under 3-17 , PUD. The Mayor and City Council had received a written appeal from the action of the Planning and Zoning Commission on June 24 , 1980 , which was signed by 33 residents , most living in the immediate area of the property under consideration, and the Planning and Zoning Commission was notified of the appeal and to stay any further action. At the July 7 Council meeting , August 4 was set as the time for the public hearing to consider the Planning and Zoning Commission minutes , documents submitted by various property owners regarding the request for the rezoning, and hear additional testimony . There were thirteen persons present in favor of upholding the Planning and Zoning Commission' s recommendation and twelve opposed. Bob Farber spoke for those favoring the recommendation stating that the property in question was approximately six acres of undeveloped land on a high plateau with gentle , rolling hills and lots of trees and a Planned Unit Development made more sense because the trees could be saved, landscaping done , buildings would be more energy efficient because of common walls , and there would be fewer roads , water and sewer lines than if it were cut into twenty four small 9 ,000 square foot resi- dential lots . Since these residences would be primarily second homes , these residents would put no pressure on the schools , yet give the City a higher tax base , less traffic and make it easier for fire and police protection. Farber concluded by saying he believed B-Residential density for this area would be best for McCall and best for the future as we have a chance to keep this six acres more pristine and give something beautiful to McCall . Others speaking in favor of the P & Z recommendation were Naomi Farber, Greg Acheson, Mr. & Mrs . Vern Acheson, and Pastor Dale Shillington. Those speaking in opposition of granting the request for rezoning were : Mr. and Mrs . David Mathis , Mr. and Mrs . Richard Withers , Ruth Higby, Maxine Jeffs and Nancy Greaves . A letter from Del and Arlene Dodd, opposing the reauest for zone reclassification, was read and filed with the Clerk. The various reasons given for their opposition were the high density development , increased traffic, insufficient road access to area, water pressure inadequate for existing homes without improvements , have a terrific dust problem already , and felt their neighborhood had given their share of high density development with the development of Evergreen Terrace , three lots at B-Residential, and the Senior Citizen Housing Development . It was stated that several of those present favoring reclassification were not residents of the area although they were area property owners . Those opposing did not agree with the Planning and Zoning Commission action in waiving the requirement for an impact study as referred to in 3-25-3 (B) . Some persons opposed to the reclassification to B-Residential stated they were not opposed to the PUD if it meets requirements of A-Residential (four units per acre) . Council members deliberated on the testimony in P & Z minutes , letters received and verbal testimony; referred to various sections of the zoning ordinance and studied the zoning map. Hardy explained that he had made a decision based on ( 1) the zoning surrounding the area under consider- ation, (2 ) letters received and personal contacts he ' d had, and ( 3 ) the petition concerning the zoning desired for the area. After giving his reasons , it was moved by HARDY and seconded by WARD to uphold the Planning and Zoning Com- mission' s recommendation with the reservation that the zoning classification on the tract of land in NW4 NEu, Section 16 , T18 N. , R. 3 E. , B.M. , be changed from Zone F-Urban Agriculture and Recreation to Zone A-Low Density Residential rather than Zone B-Medium Density Residential and the developer proceed under Section 3-17, Planned Unit Development . The tract of land more particularly described as follows : Beginning at the Southwest corner of said sub- division; thence North along the West boundary of said subdivision a distance of 400 feet ; to the point of real beginning; thence North along the West boundary of said subdivision a distance of 550 feet ; thence East parallel to the South boundary of said subdivision a distance of 400 feet ; thence South parallel to the West boundary of the said subdivision a distance of 741. 29 feet ; thence West parallel to the South boundary of the said subdivi- sion a distance of 192 feet ; thence North parallel to the West boundary of the said subdivision a distance of 191. 29 feet ; thence West parallel to the South boundary of the said subdivision a distance of 208 feet to the real point of beginning. Upon vote WARD, LUTES, HARDY and LYONS voted AYE. There being no nay votes the motion carried unanimously . Mayor EVANS was to notify the Planning and Zoning Commission of the Council' s decision. Mayor EVANS announced that it was the time and place set for the Pre-Budget Revenue Sharing hearing on Revenue Sharing entitlement funds for FY 1980/1981. Although U. S . Government has not authorized further Revenue Sharing pay- ments , the Office of Revenue Sharing suggests that reci- piants use their current level of allocation for budgeting purposes , which is approximately $35 ,000 . 00 for the City of McCall. There was no one present to make a recommendation for or against any amount of potential entitlement of Revenue Sharing funds . It was decided that the Council mem- bers apportion the anticipated $35 ,000 . 00 Revenue Sharing monies to the FY 80/81 budget . Roger Anderson, Sundance Construction, had submitted a letter requesting the City Council' s approval on the Final Plat of The Aspens contingent upon the decision of the Planning and Zoning Commission on Tuesday , August 5 . The reason for the request prior to P & Z action was the units would be ready for occupancy before the September meeting of the Coun cil, at which time P & Z recommendations would normally be considered. Following discussion, it was moved by HARDY and seconded by LUTES to Approve the Final Plat of "The Aspens" Condominium PUD contingent upon the Planning and Zoning Commission's approval and authorize the Mayor to execute same . Upon vote the motion was declared carried unanimously. By letter dated August 1, 1980 , DeWayne Bills of Doubletree II Corporation proposed an exchange of parcels of land adjacent to the ball diamond on Fairway Drive . The letter was read in full. James R. Erickson made an appraisal on the parcels of land in January, 1980 . Parcel A, owned by Doubletree II , was appraised at $20 ,000 . 00 and Parcel B, owned by City of McCall, was appraised at S20 , 750 . 00 . John Drips , Golf Pro, assured the Mayor that the City parcel of land in question is not required by the Golf Course . It was moved by HARDY and seconded by LYONS to proceed with the necessary adver- tising for proposal of land trade with Doubletree II Cor- poration. Upon vote LYONS, HARDY, LUTES and WARD voted AYE . The motion carried unanimously . A corrected McCall Mill Park Technical Documents contract with Richard Carothers Associates , PS, was considered in which it lists the hourly rate, plus out-of-pocket expense , not to exceed a maximum fee of $22 ,000 . 00 . It was moved by WARD and seconded by LUTES to authorize the Mayor and Clerk to execute the contract between Richard Carothers Associates , PS , and the City on the McCall Mill Park, contingent upon their initialing the "adjacent additional" deletion. Upon vote LYONS, WARD, HARDY and LUTES voted AYE. Motion carried unanimously. At the July 15 , 1980 , meeting the Planning and Zoning Com- mission approved the following recommendations : The Commission recommended approval of the request of Jean Odmark for a varience to the required setbacks on her pro- perty at 141 E. Lake Street . Approval of the house , located within the Shoreline Environs District , in accordance with 4-23-1A( 1) , McCall City Code, to have setbacks of 14 ' at the West sideline, 35 ' at the East sideline and 33 ' 7" from the high water mark. Approval of the carport , in accordance with 3-13-2A, McCall City Code , to have East side setback of 16 ' , setback from high water mark 100 ' . As required in 3-24-4 McCall City Code, the following is noted: 1. Pro- tection of the view ( 3-13-1A) and requirements and restric- tions in Chapter 13 , Shoreline and River Environs District were used in evaluating this request . 2 . Approval is recom- mended due to the fact that neighboring properties have the same approximate setback from the lake as was requested by Olmark; the carport would not be constructed within the Shoreline District so the 50% lot width coverage would not apply. 3. Upon approval of variance by the City Council, applicant should proceed with building permit application. It was moved by HARDY and seconded by LYONS to approve the Planning and Zoning Commission' s recommendation of approval of the request of Jean Odmark for a varience as explained in full above . Upon vote it was declared carried unanimously. The Commission recommended approval of the plat of Dave Hambright for relocation of lot lines on property located at Sampson Trail and Wanda Street . It was moved by LUTES and seconded by HARDY to approve Dave Hambright ' s plat for relocation of lot lines on property located at Sampson Trail and Wanda Street . Upon vote motion was declared carried unanimously. Mayor EVANS informed the Council of a letter received from Robert J. Ennis commending Officer Don Van Cleave of the Police Department f=6rexcellent work on a case he was involved in. Officer Scott L. Sprague ' s letter of resignation from the McCall Police Department was read in full. He will be working as an Investigative Officer with the Garden City Police Department . Lutes explained that Don Van Cleave had been pro- moted to full fledge officer and proposed that Ray Earls be hired as Ordinance Officer, as he checked out clean with San Diego Police Department . The Council members were polled on July 30 , 1980 , regarding employment of Ray Earls on six month' s probation as Animal Control Officer and LUTES , LYONS and WARD had no objection. HARDY was not contacted. It was moved by LUTES and seconded by WARD to confirm the Council' s action of July 30 , 1980 , of approving the employment of Ray Earls on six-month' s probation as Ordinance Officer at the same salary as Van Cleave receives for the first two months . Upon vote WARD, LUTES, HARDY and LYONS voted AYE . Motion carried. A letter from Pioneer Aviation, Inc . was read requesting permission to add crop dusting to their existing areas of operation on the McCall Municipal Airport . It was moved by HARDY and seconded by LYONS to grant Pioneer Aviation, Inc . permission to include crop dusting in their area of operation as an F. B. O. Upon vote motion was declared carried unanimously. Proposed Ordinance No. 408, relating to Wine licenses , was read in full by Attorney Remaklus . HARDY introduced and moved adoption of proposed Ordinance No. 408, AN ORDINANCE RELATING TO WINE LICENSES : AMENDING SECTION 4-8-5 OF THE VILLAGE CODE OF McCALL, IDAHO, TO PROVIDE THAT LICENSES TO SELL WINE SHALL NOT BE PRO-RATED FOR PART OF A YEAR AND PROVIDING A LICENSE EXPIRATION DATE; AND ESTABLISHING A FEE FOR TRANSFER OF SUCH LICENSES; AMENDING CHAPTER 8 OF TITLE IV OF THE VILLAGE CODE OF McCALL, IDAHO, BY ADDING A NEW SECTION 4-8-13 THERETO PROVIDING FOR TRANSFER OF WINE LICENSES, QUALIFICATIONS OF TRANSFEREES AND FIXING A LICENSE TRANSFER FEE. It was moved by LUTES and seconded by WARD to suspend the rules for passage of proposed Ordinance No. 408 and upon vote was declared carried unanimously. LYONS seconded the motion for adoption of proposed Ordinance No. 408 and upon vote LYONS, HARDY, WARD and LUTES voted AYE. Mayor declared Ordinance No. 408 duly adopted. Attorney REMAKLUS explained that the proposed amendment to the Senior Citizen Lease provides that leasee may, upon written consent of leas-,r and at leasee 's expense , make alterations , additions , or improvements to the interior of the building and make alterations or improvements to the ex- terior as well, where it is desire of leasee . It was moved by HARDY and seconded by WARD to authorize the Mayor and Clerk to execute the Amendment To Senior Citizens Lease and Consent to Construction and upon vote was declared carried unanimously. With regards to the request from the State Land Office to possibly buy water for their leaseholders in Pilgrim Cove Camp development , Attorney REMAKLUS informed the Council that Citys are exempt from control by P.U. C . and P .U. C. statute exempts mutual water association service . Applications For Wire and Beer Licenses , not to be consumed on the premises , for Disco Foods Grocery Store by Kenneth L. Davis and K. R. Larson was presented to Council for consideration. It was moved by HARDY and seconded by LUTES that Wine and Beer Licenses , not to be consumed on the pre- mises , be granted to Davis and Larson for Disco Foods Gro- cery Store. Upon vote motion was declared carried unanimously. A Budget work session meeting was set for Monday , August 11, 1980 , at 7 : 00 p.m. A letter from the State Historical Society, inquiring if the City has any comments regarding the entry of a McCall building, at 310 East, Lake Street, on the National Register of Historic Places , was tabled for action at our next meeting. LUTES reported that 25 dogs had gone through the system in July. LYONS inquired as to the possibility of some sort of Anti- Litter Ordinance. No action taken. The following bills were read for payment : No. 1049 Dennis Babineau $ 100 . 00 1050 Donald R. Broughton 250 . 00 1051 Hugh H. Cooke 100 . 00 1052 John L. Lyon 250 . 00 1053 Larry S. Olson 250 . 00 1054 Roger W. Rockwell 250 . 00 1055 Scott L. Sprague 250 . 00 1056 Donald B. Van Cleave 250 . 00 1057 Eddie Gray 14 . 00 1058 Postmaster 60 . 00 1059 Idaho First National Bank 4 ,995 . 00 ,.. 1060 Idaho First National Bank 6 . 00 1061 Dennis P. Babineau 636 . 11 t 1062 Roger D. Bates 696 . 53 1063 Sandra Bates 635 . 78 1064 Donna M. Bion 128. 04 1065 Donald R. Broughton 590 . 27 1066 Mabel Burgess 59 . 14 1067 Gloria L. Cantrell 216 . 91 1068 Joye S. Catlin 572 . 85 1069 Larry Chalfant 998. 49 1070 Lynn P. Chapman 332 . 90 1071 Martha Sara Chitwood 599 . 13 1072 Hugh H. Cooke 695 . 62 1073 Lorne D. Dalgleish 639 . 31 1074 Murray E. Dalgleish 110 . 39 1075 John B. Drips 612 . 34 1076 Bill A. Evans 83. 80 1077 Charles W. Ferdon 410 . 70 1078 Donald L. Fitzwater 67 . 97 1079 Margaret E. Fogg 722 . 19 1080 Michael K. Gantz 724 . 22 1081 Robert G. Gantz 84 . 48 1082 James F. Gibson 504 . 83 1083 James W. Hardy 66 . 90 1084 Sophie T. Howard 380 . 97 "* 1085 Jack E. Latham 325 . 41 1086 Clifford Lutes 66 . 90 1087 John L. Lyon 863 . 48 1088 James R. Lyons 66 . 90 1089 Ralph R. Murray 529 . 42 1090 Larry S. Olson 698. 56 1091 Jerrold D. Piper 332 . 90 1092 Richard T. Remaklus 774 . 79 1093 Robert H. Remaklus 511. 46 1094 Roger W. Rockwell 590 . 27 1095 Michael Root 426 . 70 1096 W. O. J. Seetin 1 ,200 . 60 1097 W. O. J. Seetin 217 . 75 1098 Terry Ann Sharp 463 . 73 1099 Dianna L. Shaw 51. 22 1100 David B. Smith 992 . 64 1101 Sandra M. Solterbeck 52 . 57 1102 Scott L. Sprague 636 . 17 1103 Donald B. Van Cleave 354 . 35 1104 Ernest E. Ward 66 . 90 1105 Kyle E. Weems 342 . 91 1106 Ernest H. Woods 208 . 65 1107 State Auditor, State of Idaho 3,691. 87 1108 Idaho First National Bank 3,781. 60 1109 State Tax Commission 915 . 80 --..,i 1110 Public Employees Retirement 3 ,455 . 44 1111 VOID VOID 1112 American Family Life Assur. 29 . 30 1113 Idaho First National Bank 10 ,031. 29 1114 Postmaster 103. 60 1115 Scott L. Sprague 43 . 75 1116 Asso. of Idaho Cities 1, 105 . 25 1117 Margaret E. Fogg 9 . 00 1118 Maury Ainger 30 . 50 1119 Rick Bollar 15 . 50 1120 Ron Bowling 14 . 00 1121 Tom Chaloupka 12 . 00 No. 1122 Dan Cochran $ 27 . 00 1123 Dempsey Eddins 14. 00 1124 Martin FitzGerald 34 . 00 1125 Don Fitzwater 34 . 00 1126 Bill Florence 10 . 50 1127 Boyd Gilbert 53. 00 1128 Dan Gray 20 . 50 1129 Bill Haworth 17 . 00 1130 Tom Ireland 3 . 50 1131 Jim Madden 30 . 50 1132 Ken Medley 5 . 00 1133 Dave Smith 30 . 50 -- 1134 Dana West 27 . 00 1135 Ernie Woods 10 . 00 1136 John Drips 6 . 25 1137 Larry Johnson 105 . 00 1138 Larry Johnson 255 . 50 1139 Phil Maslin 40 . 25 1140 Sandra Bates 21. 38 1141 Thera Duel 117 . 50 1142 Jim Barnett 98. 00 1143 Johnny Brown 7 . 00 1144 Rob Dodge 38. 00 1145 Bruce Gestrin 94 . 00 1146 Eddie Gray 28. 00 1147 Dan Hearne 56. 00 1148 Doug Ingraham 21. 00 1149 Eric LaRowe 84 . 0Q 1150 Paul Mann 125 . 00 1151 Derald Marti 70 . 00 1152 Bob Smith 84 . 00 1153 Ray Woods 10 . 00 1154 Acheson Motors 51. 50 1155 Albert G. Rothey. Ltd 99 . 95 1156 The Art Mart , Inc. 7. 06 1157 The Book Shop 5 . 35 1158 The Bobbs-Merrill Co. , Inc. 12 . 75 '- 1159 VOID VOID 1160 Brown' s Industries 114 . 84 1161 Brundage Office Supply 18. 79 1162 CESCO 127 . 66 1163 Chevron U. S. A. Inc . 2 , 310 . 11 1164 Continental Tel. Co. 575. 82 1165 Doubleday & Company, Inc . 124 . 49 1166 Doubleday Book Club 19 . 38 1167 Garrett Book Company 186 . 81 1168 Gordon' s Books , Inc . 12 . 60 1169 Grover' s Pay & Pack 37 . 51 1170 H & W Plumbing and Electric 95 . 47 1171 Honeydippers 80 . 00 1172 Idaho Concrete Pipe Co. , Inc. 65 . 44 1173 Idaho Power Company 4,216. 09 1174 Idaho Sporting Goods Co. 389 . 80 1175 INGRAM 420 . 07 1176 Jeffries ' Contracting 211. 04 1177 Lake Shore Disposal 219 . 19 1178 Long Valley Farm Service 160 . 20 1179 Mark' s Chevron Service 120. 45 1180 May Hardware, Inc. 256 . 38 1181 McCall Rental & Sales 20. 00 1182 McCall Rexall Drug 5 . 36 1183 McCall Volunteer Fire Dept . 57 . 25 1184 Medley Sports 21 . 70 1185 VOID VOID 1186 The Merc 3 . 59 1187 Mining & Civil Engineering 30 . 00 1188 Mitcham Specialty Company 299. 50 1189 National Rec. & Park Asso. 35. 00 1190 VOID VOID 1191 OSC DATA 175 . 56 1192 Payette Lakes Lumber Co. 357 . 04 1193 Pendleton Farm & Garden CTR. 37 . 92 1194 Quality Paperback Book Club 26 . 32 1195 Red Steer 11, 99 No. 1196 Rich Personals $ 109 . 40 1197 Ron' s Shell Service 54. 55 1198 Rowland Bros 85 . 20 1199 Shaver' s 215 . 77 1200 Snowbird Ldry. & Dry Clng. 111. 25 1201 Sonnys Tire Service 133 . 18 1202 Stans Auto Parts 94 . 60 1203 Star-News 127. 06 1204 State of Idaho - Law Enforce. 30 . 00 1205 Steve Regan Company 170 . 85 1206 Time/Life Books 19 . 11 1207 Troy Ldy. & Dry Cleaning 12 . 90 1208 Union Oil Co. of Calif. 44 . 20 1209 VOID VOID 1210 Western Equipment Company 1, 324 . 38 1211 William A. Kirk Agency, Inc . 406 . 00 1212 Zimmer & Francescon, Inc . 16 . 71 1213 Boyd Martin Co. 108 . 16 Following the reading of the bills , it was moved by HARDY and seconded by LUTES that the bills be approved and ordered paid. Upon vote LUTES, HARDY, WARD and LYONS voted AYE. Motion carried unanimously. Mayor EVANS cessed the meeting at 11 : 05 p .m. until Monday , ugust 11 1/00, at 7 : 00 P. M. g g-O or ' Cl rk J ff AUGUST 11, 1980 A continuation of the regular meeting of the City Council of the City of McCall was held on August 11, 1980 . Mayor BILL EVANS presiding with the following members present : WARD, LYONS, LUTES and HARDY. Mayor EVANS explained the meeting was scheduled for a work session on the 1980/1981 budget . Council discussed paving of several small areas in downtown McCall between paved roadway and curbs , such as the McCall Drug, Walker building, City Hall Park, Union 76 Station and Jordan Motel. Consensus of the Council was the need to proceed with the project as far as material available . Budget figures for each department were reviewed and dis- cussed. Lutes expressed a need for a new police car in the Spring. Ward felt that , with the raise in Recreation fees , the Recreation Department would be all right ; and had no special needs for the Golf Course other than the need for a hand-me-down vehicle for the Golf Course Superintendent . In Hardy ' s opinion, the Library could work within their budget as presented. The lease/purchase of a 930 Wheel Loader Caterpillar from Western Equipment for Streets , Water, and Sewer Departments at a cost of $72 ,525 . 00 with $18 ,255 . 00 trade-in for City ' s Huff machine was discussed. The cost would be $500 . 00 per month for each department for 42 months . The additional costs for the sewer system operation was considered, including additional power consumption, super- vision, and operational expense . The Council agreed that Revenue Sharing money should be divided as follows : Streets $20 ,000 . 00 , Police $10 , 000 . 00 , and Parks and Recreation S5 , 000 . 00 . Mayor EVANS suggested that the Clerk check all budget figures for mathematical errors because of the apparent $129 ,000 . 00 difference between expenditures and anticipated revenues . The expenditures and revenues must balance . Budget items will have to be brought in line with revenue . Dick Woods submitted a request for a license to operate a taxi service, under City Code 4-3-21, to be known as McCall Tour and Taxi Service. Following discussion, it was moved by LUTES and seconded by WARD to approve Dick Woods ' taxi service and authorize license upon payment of the fee of $7. 50 per year per vehicle. Upon vote the motion was declared carried unanimously. Council members were in favor of the building owned by Don Strandemo, previously known as Vinegar Hill Building at 310 East Lake - now The Dawes McCall Building, being nomi- nated for National Historical Register Record. Meekf,g w cessAd until Monday, August 18, 1980 , at 8 : 00 a.m. Cl k U AUGUST 18, 1980 A continuation of the regular meeting of the City Council for the City of McCall, Idaho, was held on August 18, 1980 . Mayor BILL EVANS presiding. The following members were present : LYONS, WARD, HARDY and LUTES . Mayor EVANS stated the purpose of the special meeting was to review the draft of the 1980/1981 proposed budget , make any changes necessary , and approve for publication. Budget deletions that were required in order to stay within the projected revenues were discussed. Following discussion of the various budget items and the possibility of an increase in dog tags , impound and board fees , it was moved by HARDY and seconded by LYONS that the 1980/1981 proposed budget in the amount of $2 ,189 , 747. 00 be adopted and published for hearing on September 2 , 1980 , at 7 : 00 p.m. Upon vote LYONS, HARDY, WARD and LUTES voted AYE. Motion was declared carried unanimously . By action taken at their August 5th, 1980 , meeting, the Planning and Zoning Commission recommended approval of the Final Plat of Brundage Mountain Bath and Racquet Club . It was noted that the Final Plat reflected "future development rights other than those noted above are hereby granted to the City of McCall" . It was moved by HARDY and seconded by WARD to approve the Final Plat of Brundage Mountain Bath and Racquet Club . Upon vote WARD, HARDY, LUTES, and LYONS voted AYE. Motion carried unanimously. Mayor Evans presented a letter received by the Planning and Zoning Commission from Michael G. Brady of Brady, McDaniel, & Matthews Law Offices in Boise, Idaho , in which they form- ally requested the annexation and zoning change of the follow- ing described C. John Stringer property : The NE1 of the NEB, and the NWT, of the NEB, and the NE1 of the NWT of Section 10 , Township 18, N. , Range 3 East , Boise Meridian, Valley County, Idaho. After discussion, it was moved by HARDY and seconded by LUTES the City Council request the Planning and Zoning Com- mission recommend the zoning classification and changes to the Comprehensive Plan should this request for annexation be approved. Upon vote the motion was declared carried unanimously. Mayor EVANS adjourned the meeting at 9 : 00 a.m. until Tuesday, September 2 , 1980 , at 7 : 00 p.m. 6.2) 7/1. • Mayor C rk fli SEPTEMBER 2, 1980 McCall City Council met in regular session Tuesday, September 2, 1980. Mayor BILL A. EVANS presiding. The following members were present: LYONS, WARD, HARDY, and LUTES. Minutes of August 4, 11 , and 18, 1980, were read and approved as read. Mayor EVANS announced that it was the time and place set for City of McCall 's budget hearing for fiscal year October 1 , 1980, through September 30, 1981 , to include Federal Revenue Sharing. John Parker objected to the proposed increase for dog license fee. He would prefer the implementation of a hotel-motel tax to relieve financial problems. Mayor EVANS explained the increase in dog license fee is proposed in order to support the cost of operation of the dog pound, the labor to apprehend dogs running at large, and to collect fees from those people who now see fit not to license their dogs in violation of the McCall Leash Law. License fees have not been increased to meet the rise in costs of operation of the dog pound. Actual costs will be researched to attach a fee that is commensurate with the actual costs of enforcement of the Leash Law. There were no others present to be heard on the bud- get or revenue. Two corrections were made in the Proposed Budget as advertised: (1 ) Under General Fund, Street Department the $32,985.00 figure was reduced $8,000.00 to $24,985.00 and (2) Under Special Funds, Revenue Sharing, Streets the figure of $12,000.00 was increased $8,000. to $20,000.00. Attorney REMAKLUS read proposed Ordinance No. 409, "The Annual Appro- pration Bill , at length. HARDY introduced and moved adoption of pro- posed Ordinance No. 409, 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 SEPTEMBER 30, 1981 . It was moved by LUTES and seconded by WARD to suspend the rules for passage of proposed Ordinance No. 409 and upon vote motion was carried unanimously. LYONS seconded the motion for adoption of proposed Ordinance No. 409 and upon vote WARD, HARDY, LUTES and LYONS voted AYE. Mayor EVANS declared Ordinance No. 409 adopted. Dan Baird and Eric Jensen of Carothers Associates , gave a presenta- tion of the planned park development on the land donated to the City by Boise-Cascade Corporation. They explained the Legend of Phase One, which includes Parking Area for twenty cars , Maintenance Access, Handicapped Parking for four cars , Pier, Stanina Area with fire pit, amphitheater and game tables , and a Comfort Station. Feed- back, comments, or thoughts to be incorporated into the park project were invited. It is their hope to have plans ready and approved in late Winter for bidding for an early Spring start on construction and have Phase One completed by mid-1981 . John Drips , Golf Course Pro, explained the August expenditure of $7,798.00 for construction of two (2) new greens , remodel #8 greens, and construct #14 tee. The Golf Course budget balance, expenditures and present cash flow were discussed. Scott Jeffrey of McCall CATV requested a time extension of two months in order to obtain their financing and make studies for the tower location necessary to proceed with a cable television project. Mayor EVANS had received a Western Union message out of Boise from the First National Bank of Denver, signed by Vice President Reed, informing him that the bank would finance Harmon & Company for the cable televi- sion project proposed for McCall . Following discussion it was moved by HARDY and seconded by WARD to give McCall CATV a time extention to (00" October 6, 1980, to provide an acceptable financial situation and an Ordinance for the awarded Cable TV Franchise. Upon vote motion carried unanimously. Council had received the Planning and Zoning Commission letter of August 14, 1980, advising them of their action taken at the August 5, 1980, meeting of recommending denial of the request of Carolyn and Larry Towne to reclassify their property at 1501 Roosevelt from B Residential to C Commercial and, also, recommending denial of the request of Mr. and Mrs. Lilbyrn Helmich and Mr. & Mrs. Corey Engen to reclassify the zone of 50 acres from F, Urban Agriculture and Recre- ation to A Residential . Recommendations included Zoning paragraphs and reasons for their recommendations. Mayor reported that at that time there had been no objections or letters from either entity of people requesting an appeal of reclassification to the Council . The matter of Doubletree II , DeWayne Bills , land trade in the Golf Course area was discussed. Attorney REMAKLUS reported that the appraisal as pre- sented was satisfactory to the City, and he read the statute regarding the exchange, conveyance or sale of City property. Proposed Ordinance No. 410, and ordinance expressing intention of the City to exchange real property, was read in full . HARDY introduced and moved adoption of pro- posed Ordinance No. 410, AN ORDINANCE EXPRESSING THE INTENTION OF THE CITY OF McCALL, IDAHO, TO EXCHANGE CERTAIN REAL PROPERTY FOR OTHER ._. REAL PROPERTY OF LIKE VALUE AND CHARACTER IN THE SAME GENERAL AREA, WITH ANY DIFFERENCE IN VALUE TO BE PAID IN CASH, DECLARING THAT SUCH REAL PROPERTY OWNED BY THE CITY IS NOT USED FOR PUBLIC PURPOSES; DESCRIBING SAID REAL PROPERTY; SETTING A TIME AND PLACE FOR SUCH EXCHANGE; CALLING A PUBLIC HEARING ON SUCH PROPOSED EXCHANGE; ESTABLISHING THE TIME AND PLACE OF SUCH HEARING; AND INVITING ALL INTERESTED PERSONS TO ATTEND AND BE HEARD THEREAT. It was moved by LUTES and seconded by WARD to suspend the rules for passage of proposed Ordinance No. 410 and upon vote was declared carried unanimously. LYONS seconded the motion for adoption of proposed Ordinance No. 410 and upon vote WARD, HARDY, LYONS and LUTES voted AYE. Mayor declared Ordinance No. 410 was adopted. Attorney REMAKLUS explained that, in accordance with the Memorandum of Understanding that was entered into between the City, Home Owner's Association, the Sewer District and County with reference to settlement of the differences of opinion concerning sewer construction, he had pre- pared an ordinance amending the Impact Area of Planning and Zoning ordinance to provide for the Appellate Board. He had also prepared a Joint Agreement between City of McCall and Board of County Commissioners to establish the Joint Planning and Zoning Commission for the McCall Area of City Impact, which Agreement had been reviewed by the Attorney for the Home Owner's Association and County Attorney, had been signed by Board of Commissioners of Valley County, Idaho, and he was submitting it to the Council for approval and signatures. He explained further that, after execution, the Agreement was to be submitted to Attorney General for approval . It was Remaklus ' recommendation that the two ordinances be referred by the City to its Planning and Zoning Commission with instruc- tions to hold public hearings and report back to the Council ,and a further recommendation was that the Agreement already executed by th'e County Commissioners be approved and the Mayor and Clerk be authorized and directed to execute it at that time. The Agreement was read and discussed. It was moved by HARDY and seconded by LYONS the City accept the Agreement and authorize the Mayor and Clerk to execute the Agreement already signed by County. Upon vote motion carried unanimously. It was moved by HARDY and seconded by LUTES to refer the ordinances , creating an Appellant Board and establishing a Joint Planning and Zoning Commission for Impact Area to the Planning and Zoning Commission, for pubic hearings and recommendations to the Council as early as possible. Upon vote motion carried unanimously. Council was informed that the City must hire a Sewer Lagoon Class III Operator by September 30, 1980. Mayor and Council was in receipt of a letter from Matt Wallace, dated August 25, 1980, submitting his resignation from the Planning and Zoning Commission effective immediately, reason being conflict of interest. Sandra Bates' letter of August 7, 1980, requesting a review of her employment status was read in full . Letter stated she was employed as a bookkeeper under CETA from May, 1978, to October, 1979, at which time she was retained by the City. She inherited the Planning and Zoning Department duties in December 1979. She has been on the City payroll nine (9) months and is asking that her time as a CETA employee be counted as City employee time towards vacation. It was the Mayor and Clerk's opinion that, with increased Planning and Zoning Commission responsibilities, more accounting being required by the City and, taking into consideration the manner in which she accomplishes her additional duties, we should increase her salary, a one time increase, $50.00 per month beginning September 1 , 1980. Also, she should be considered a City employee as of May, 1978, the date she began working for the City as a CETA employee, which will provide her with extra period of longevity enhancing her vacation and sick leave time. City's personnel policy requires Council decision on personnel salary increase. There was no Council objection to the salary incre 6e for5andra Bates or time ele- ment of her employment. On July 21 , 1980, the City received a letter from Payette Lakes Water and Sewer District requesting that no more hookups to the city sewer from areas outside the City limits and within the district's area be permitted. However, the Chairman of the Payette Lakes Water and Sewer District has since revised his letter of July 21 with a letter dated August 6, 1980, adding the following paragraph: "An exception to the foregoing restriction pertains to that area known as the Rio Vista Subdivisions. A large part of these subdivisions have been constructed with sewers in place which are connected to the sewer lagoons . The sewered portions of Rio Vista Subdivisions meet the sanitary aims of the district in its construction of the Payette Lakes sewer and for that reason building permits should continue to be issued in the Rio Vista Subdivisions. " Mayor EVANS presented the problems of Hawkers or Peddlers requesting waivers from payment of License Fee, with most recent being a church missionary requesting a waiver to go door to door selling children's books and leaving his message. Clerk's decision was that he would be required to pay the $25.00 Hawker's License Fee per day. He asked to present his request for a waiver of the Hawker's permit to the Council and was advised to do so in writing. The Sidewalk Sale requests were discussed and it was the consensus of the Council that Sidewalk Sale requests should be presented to the Council for action with requests being presented within sufficient time to be on the regular agenda. Mayor EVANS reported that the Clerk polled the Council members on August 26, 1980, regarding the request of Mode 0" Day, Plaza Shoes , Beau Jason and K & L merchants to hold a Sidewalk Sale on August 30 and/or August 31 , 1980. WARD, LUTES, LYONS, and HARDY gave approval with some reservations. Dwain and Lorraine Rudge dba as Lake Bowl submitted an Application for Beer License to be consumed on the premises and not to be consumed on the premises with payment of $50.00. It was moved by LUTES and seconded by LYONS that the Beer License be granted to Lake Bowl and issued pending payment of full license fee of $100.00. Upon vote motion was declared carried unanimously. A request was received from William Erickson dba Mountain Tours for a taxi license to shuttle ski people from McCall to Brundage Mountain and return. Council discussed need for security investigation of these applicants by Police Department. Attorney REMAKLUS advised the Council that the present ordinance provides no basis to turn down such application. Decision was that, upon Clerk's receipt of $7.50 for the license, she issue Mountain Tours a taxi license. Mayor EVANS presented a letter from the Association of Idaho Cities , dated August 20, 1980, asking him to agree to serve on the Legislative Committee for 1980-81 . Consensus of the Council was that they would like to have Mayor EVANS be a member of the Legislative Committee representing the City of McCall . Jack Seetin asked if Attorney Remaklus could expedite obtaining an an Operation Manual on the Sewer Lagoon. The following bills were read for payment: No. 1214 Office of the State Tax Commission $ 757.38 1215 Jack Seetin 15.10 1216 McCall Police Department 23.76 Broughton 250.00 R. Br u 1217 Donald o g 1218 Lynn Chapman 200.00 1219 Raymond Earls 250.00 1220 Michael K. Gantz 40.00 1221 John L. Lyon 250.00 1222 Larry S. Olson 250.00 1223 Roger W. Rockwell 250.00 No. 1224 Terry A Sharp $ 85,00 1225 Dianna L. Shaw 100.00 1226 Donald B. Van Cleave 250.00 1227 Jerrold Piper 102.43 1228 Scott Sprague 526.38 1229 Terry Sharp - Petty Cash 20.89 1230 Dennis P. Babineau 610.36 1231 Roger D. Bates 682.93 1232 Sandra Bates 549.57 1233 Donna M. Bion 460.56 1234 Donald R. Broughton 584.07 1235 Mabel Burgess 59.14 1236 Gloria L. Cantrell 244.72 1237 Joye S. Catlin 568.35 1238 Larry Chalfant 976.26 1239 Lynn P. Chapman 317.37 1240 Martha Sara Chitwood 595.93 1241 Jay Cline 419.76 1242 Hugh H. Cooke 790.87 1243 Michele L. Crang 208.03 1244 Lorne D. Dalgleish 614.77 1245 Murray E. Dalgleish 150.94 1246 John B. Drips 612.24 1247 Raymond W. Earls 442.75 1248 Bill A. Evans 83.79 1249 Charles W. Ferdon 63.08 1250 Donald L. Fitzwater 67.97 1251 Margaret E. Fogg 717.44 1252 Michael K. Gantz 523.45 1253 Robert G. Gantz 329.09 1254 James F. Gibson 449.41 1255 James W. Hardy 66.90 1256 Sophie T. Howard 178.93 1257 Jack E. Latham 304.31 1258 Clifford Lutes 66.90 • 1259 John L. Lyon 860.38 1260 James R. Lyons 66.90 ("' 1261 Ralph R. Murray 109.52 ( 1262 Larry S. Olson 701 .16 1263 Richard T. Remaklus 768.39 1264 Robert H. Remaklus 510.16 1265 Roger W. Rockwell 584.07 1266 Steven C. Schaeffer 38.41 1267 W.O.J. Seetin 1 ,197.50 1268 W.O.J. Seetin 217.75 1269 Terry A. Sharp 351 .27 1270 Dianna L. Shaw 365.47 1271 David B. Smith 1 ,000.86 1272 Sandra M. Solterbeck 31 .21 1273 Donald B. Van Cleave 520.36 1274 Ernest E. Ward 66.90 1275 Kyle E. Weems 122.22 1276 Ernest H. Woods 206.95 1277 State Auditor-Social Security Administrattn 370.32 1278 Idaho First National Bank 3,635.20 1279 State of Idaho - Tax Commission 989.50 1280 Public Employee Retirement System 3,276.13 1281 Association of Idaho Cities 1 ,131 .25 1282 American Family Life Assr. Co. 29.30 1283 Postmaster 104.50 1284 Postmaster 30.00 1285 Police Department - Petty Cash 18.92 1286 Maury Ainger 27.50 1287 Rick Bollar 19.00 1288 Ron Bowling 19.00 1289 Tom Chaloupka 10.50 1290 Dan Cochran 7.00 1291 Demsey Eddins 17.50 1292 Martin Fitzgerald 24.00 1293 Don Fitzwater 27.50 1294 Bill Florence 10.50 1295 Dan Gray 14.00 1296 Bill Haworth 10.50 1297 Al Jaques 22.50 1298 Jack Katzenberg 14.00 No. 1299 Jim Madden $ 57.50 1300 Dave Smith 19.00 1301 Dana West 14.00 1302 Sandra Bates 40.38 1303 Larry S. Olson 5.00 1304 Ross Livingston 1 ,000.00 1305 Larry Johnson 84.00 1306 Jack Seetin 18.00 1307 Acheson Motors 25.00 1308 The Art Mart, Inc. 12.98 1309 Barron's Educational Series , Inc. 7.32 1310 Boyd Martin Co. 358.14 1311 Bryan C. Rambo Crushing Co. 3,800.00 1312 CESCO 38.83 1313 Chevron U.S.A. Inc. 2,412.31 1314 Children's Press, Inc. 152.86 1315 City Deliver Service, Inc. 3.25 1316 Cleveland Cotton Products 93.12 1317 Conely Company 36.64 1318 Consumer Reports 12.00 1319 Continental Tel . Co. of the West 524.82 1320 Cornell Pump Co. 498.87 1321 Davis Company 39.23 1322 Decker's Inc. 34.43 1323 Doubleday & Company, Inc. 347.57 1324 Doubleday Book Club 40.09 1325 Electronic Enterprises 582.00 1326 Golfscapes Ltd. 3,340.00 1327 Golfscapes Ltd. 4.458.00 1328 Fuel Inc. 9.95 1329 H & W Plumbing & Electric 104.20 1330 Idaho Power Company 3,332.02 1331 Idaho Sporting Goods Company 31 .73 1332 Ingram 127.10 1333 Interstate Business Equipment Inc. 43.50 1334 Jerry' s 25.00 1335 Lake Shore Disposal 219. 19 1336 Lakeside Conoco 12.60 "" 1337 May Harware, Inc. 201 .95 1338 McCall Appliance Repair 168.73 1339 McCall Texaco 120.19 1340 McCall Tire & Wheel 92.96 1341 McCall Rexall Drug 6.80 1342 Medley Sports 24.75 1343 OSC Data 176.06 1344 O'Neill International Inc. 26.40 1345 Pacific Northwest 12.00 1346 Payette Lakes Lumber Co. , Inc. 383.22 1347 Quality Paperback Book Club, Inc. 13. 18 1348 REDEX, INC. 17.01 1349 Ron's Shell Service 64.32 1350 Shavers 53.96 1351 Silver Burdett Company 19.29 1352 Snowbird Laundry & Dry Cleaning 80.50 1353 Sonnys Tire Service & Auto Parts 142.58 1354 Sports Marina 9.95 1355 Stans Auto Parts 93.91 1356 Star-News 111 . 12 1357 Steve Regan Company - 103.95 1358 Time/Life Books 10.58 1359 Troy Ldy. & Dry Cleaning 12.90 1360 Union Oil Company of California 128.09 1361 Village Enterprises, Inc. 68.99 ""i 1362 Western Auto 63.79 1363 Western Equipment Company 1 ,324.38 1364 William A. Kirk Agency, Inc. 219.00 1365 Zee Medical Service Co. 5.10 1366 State of Idaho 699.99 Following the reading of the bills, it was moved by HARDY and seconded by LYONS that the bills be approved and ordered paid. Upon vote LUTES, LYONS, HARDY and WARD voted AYE. Motion carried unanimously. May EVANS ad . ned the meeting at 10:21 p.m, until Monday, October 6, 1980, at 7: p.m. I ) (7, I/2R a-..2.1-Z / 1� ii 7 L) i, C�e ry 60 OCTOBER 6, 1980 McCall City Council met in regular session Monday, October 6, 1980. Mayor BILL A. EVANS presiding. The following members were present: WARD, LYONS, HARDY and LUTES. Minutes of the September 2, 1980, meeting were read and approved as read. Ralph Kangas of Smith & Kangas Engineer's Inc. was present to update the Council on the McCall Airport Master Plan, report on its status and a look forward to its conclusion. All airport plans, including the airport layout plans, terminal area plan, land use access plan, and non-precision ._. instrument approach plan have been submitted to the State Division of Aeronautics and Federal Aviation Administration for review and comments, which comments are expected within the week. The Airport Layout Plan was reviewed which plan calls for a runway extension to the South only, additional parking space, jet ramp, off the airport fuel pumps and dump with truck fueling procedures, a terminal area, heliport, separation of helicopter and fixed wing traffic, parallel taxiway, Forest Service smokejumper-activity moved to South edge of airport, a revenue-generating airport, industrial park and a non-directional radio beacon installation. Some of the developments coming towards the end of the twenty-year planning period. Planners are currently working on the Financial Plan and will be working with the Planning and Zoning Commission to determine what zoning should take place around the Airport to alleviate future problems. A public informational meeting is scheduled for Monday, October 20, 1980, at 7:30 p.m. at the City Hall. Kangas hopes to have project essentially written and ready for submission to printers by December 1, 1980, and hopefully it will be available for distribution in January, 1981. Mayor Evans announced that it was the time and place set for the public hearing on the proposed exchange of real property owned by the City for real property of like value and character and in the same general area of the Golf Course owned by Double Tree II Corporation. There was no one present to be heard. Mayor Evans informed the Council that he " — had learned from Attorney Remaklus that there is a possible difference in the amount of area in that the Land Title Company records showed that a 25' easement had been recorded on the property along the side of the fairway. Attorney Remaklus is researching the records to determine the easement status and recommends the Council proceed with the action until he can clear up the situation. Unless there is a problem with the amount of land involved, Council will proceed as ordinance stated with the proposed property exchange taking place Thursday, the 6th day of November, 1980, at the hour of 4:00 P.M. at the office of the City Clerk in the McCall City Hall. The following actions were taken by the McCall Planning and Zoning Commission at their September 16, 1980 meeting: (1) The Commission recommended approval of the request of Wildwood Log Homes for a varience to the commercial rear setback requirement to allow him to place an additional storage area 13'8" from the rear line rather than the required 20' . Property is located at 213 Deinhard Lane, des- cribed to-wit: Lot 17, Village Square Commercial Center, SE1/4 of the NW1j Section 16, T18N, R3E, B. M. As required in 3-24-4 McCall Code, the recommendation is based on the consideration that the other buildings inthis subdivision enjoy similar setbacks and that the encroachment would not obstruct the use of the utility easement. It was moved by H EDY and seconded by LYONS to accept the Planning and Zoning Commission's recommendation and approve Wildwood Log Homes' request for a varience to reduce the rear setback to 13'8" rather than required 20' for reasons as set forth in P and Z Commission's recommendation. Upon vote it was declared carried unanimously. (2) The Commission recommended denial of the request of DeClay to re- classify the following described property from A-Low Density Residential to B-Medium Density Residential. The property is located at 550 E. Floyde St. , described to-wit: Parcel #1 and Parcel #2, lying in the SW4 of the NEu of Section 16, T18N, R3E, B.M. , containing approximately 1.6 acres. As required in 3-24-4, McCall Code, the recommendation is based on the consideration that the surrounding area is zoned A Residential and the landowners want to see it remain such, feeling that that is the best use of the land. Unless an appeal is received, there is no further action for the Council. At this time, there has been no request. (3) The Commission reconmended approval of the request of Duane C. Smith to reclassify the zone of the following described property from A-Low Density Residential to B-Medium Density Residential for develop- ment of 16 units. A parcel of land being in the Southeast quat er of the Southeast quarter and Lot 3 of Section 4, Township 18 North, Rarge 3 East, B. M. , Valley County, State of Idaho, particularly des- cribed as follows: Beginning at the Northwest corner of Block 8 of Davis Beach Tracts, Valley County, State of Idaho, as the same appears upon the Plat filed for record in the office of the Recorder of Valley County, Idaho on August 23, 1916, thence East along the North boundary of said Block 8, 250 feet to the True Point of Begin- ning; thence continueing East along said boundary of Block 8, 400 feet to a point 50 feet East of the Northeast corner of said Block 8; thence South 200 feet on a line parallel with the East boundary of Block 8 and 9, Davis Beach Tract; thence West 500 feet on a line parallel to the South boundary of said Block 9, Davis Beach Tracts; thence North 100 feet; thence East 100 feet; thence North 100 feet to the True Point of Beginning. Property located at 706 Lick Creek Road. As required in 3-24-4, McCall City Code, reasons for the recommendation are given as: the property developed with 16 units would be less density than the originally platted 18 lots, surrounding property owners have no objection to the change, and the ownership would be of similar type as the rest of the area around the golf course. Duane Smith presented his plans for the area. Council members were concerned with so many requests for reclassification of zoning districts, sub- divisions, condominium and townhouse developments, and variance requests. After a lengthy discussion it was moved by HARDY and seconded by LYONS to uphold the Planning and Zoning Commission's recommendation to reclassify the zone from A-Low Density Residential to B-Medium Density Residential on the land described above. Upon vote LYONS, HARDY and WARD voted AYE, LUTES voted nay. Mayor declared the motion carried. Scott Jeffrey of Jeffrey and Sons had notified the Mayor by telephone that they were able to get only $200,000.00 financial backing from the bank for their proposed cable television installation and would have to raise another 3100,000.00 by selling to stockholders. He explained that they would need additional time to do this and did not """. know how long it might take. Scott Jeffrey could not be at the Council meeting nor would there be anyone to represent his company. Upon question by the Council, Attorney McAlister advised the Council that it would not be necessary to readvertise for cable television proposals again but could award the franchise to another bidder at this time. Hugh Buchanan, Vice President of Harmon & Company, Don Boos, and Dave Samuelson were present representing Harmon & Company, which was one of the companies submitting a proposal on the cable television. Dave Samuelson stated that Harmon & Company and Don Boos stand ready to carry on with the commitment as proposed in their June 6, 1980, cable television proposal. Their company has submitted the financial res- ponsibility enabling them to do the project as proposed. Samuelson urged the Council to reconsider the awarding of the franchise to Jeffrey and Sons based on what they are able to do and proposed that the Council withdraw the commitment to Jeffrey and Sons and consider awarding the franchise to Harmon & Company. It was the consensus of the Council that Jeffrey and Sons had been given ample time to present a financial responsibility statement. Following discussion, it was moved by LUTES and seconded by WARD to withdraw the Cable Television Franchise Award made to Jeffrey and Sons on the grounds that they failed to provide financial responsibility as required. Upon vote WARD, LUTES, LYONS AND HARDY voted AYE. Motion carried unanimously. It was moved by LYONS and seconded by HARDY to award Harmon & Company the Cable Television Franchise based on their cable television proposal of June 6, 1980. Upon vote WARD, LYONS, HARDY, and LUTES voted AYE. Motion carried unanimously. Harmon & Company proposal is to be re- newed and updated by Harmon Associates and an ordinance is to be prepared and submitted to Attorney Remaklus for review. Attorney Schoenhut, representing Randy Hart, addressed the Council regarding the Council's April 21, 1980, action in notifying John Randy Hart that his house was encroaching in the street right of way and he would be given until October 1, 1980, to remove the encroach- ment. Schoenhut elaborated at length on the fact that there were dozens of cases of wandering streets and trespass upon what is the right of way, the implications and consequences of legal action, and establishing a definite criteria for handling all similar situations. He stated he would ask one of two things: Either a reconsideration at this time allowing Hart's encroachment because, of the location of house, it's not inter ftring with the public right of way or, if the Council feels it should be removed, adopt same dgfinite criteria by which to act because others may be faced with the criteria the City Council establishes. Mayor Evans explained to Schoenhut that there was no problem until Mr. Hart wanted to avoid obtaining a building permit, for whatever reason, to remodel his house. The thing at issue is not only the fact that the house is in the right of way but the laws re- quiring a building permit are the laws that need to be enforced. The Planning and Zoning Commission could not determine the procedure of issuing a building permit for a house that is non-compliance with zoning laws. Schoenhut inquired if it wouldn't be the better criteria, rather than tell the man he has to move his entire house, to do what is done in other cases for violation of building permits and that is to take it back to the con .ticn it was prior to remodeling - returning it to its previous condition. Schoenhut was informed that Harts putting his house back as it was was never presented as an option to the Council. Following lengthy discussion, Schoenhut requested some time for the Council members to reconsider and, also, he'd like time to research the issue and consult with the City Attorney. It was moved by HARDY seconded by LUTES to give an extension of time to Randy Hart and postpone final decision regarding the removal of his home to the November 3rd, 1980, meeting. Upon vote the motion carried unanimously. Upon Scott Jeffrey's arrival at the meeting, Mayor Evans explained the action that had been taken regarding the cable television franchise. Jeffrey thanked the Council for the time and consideration given them and expressed disappointment in not being able to come up with the financial backing to dive McCall a first class system. Proposed Ordinance No. 411, related to zoning of Walker property at the lagoon, was presented and read at length. HARDY introduced and moved adoption of proposed Ordinance No. 411, AN ORDINANCE RELATED TO ZONING; CHANGING ZONE CLASSir'ICATION OF CERTAIN PROPERTY; AND AMENDING THE McCALL AREA OF CITY IMPACT "MAP OF ZONING" AND DIRECTING THE COUNTY ENGINEER TO ENDORSE SUCH CHANGE ON SAID MAP. It was moved by LYONS and seconded by WARD to suspend the rules for passage of proposed Ordinance No. 411, and upon vote was declared carried unanimously. LUTES seconded the motion for adoption of proposed Ordinance No. 411 and upon vote LYONS, LUTES, HARDY and WARD voted AYE. Ordinance No. 411 was duly adopted. Proposed Ordinance No. 412, related to zoning of Highway Chapel Church Camp property, was presented and read at length. LUTES introduced and moved adoption of proposed Ordinance No. 412, AN ORDINANCE RELA'I'bD TO ZONING; CHANGING ZONE CLASSIFICATION OF CERTAIN PROPERTY; AND AMENDING THE "MAP OF ZONING" AND DIRECTING THE CITY ENGINEER TO ENDORSE SUCH CHANGE OF SAID MAP. It was moved by HARDY and seconded by LYONS to suspend the rules for passage of proposed Ordinance No. 412 and upon vote was declared carried unanimously. WARD seconded the motion to adopt proposed Ordinance No. 412 and upon vote LYONS, HARDY, LUTES and WARD voted AYE. Ordinance No. 412 was adopted. Proposed Ordinance No. 413, relating to sewer service charges, was pre- " sented and read at length. HARDY introduced and moved adoption of Proposed Ordinance No. 413, AN ORDINANCE OF THE CITY OF McCALL, IDAHO RELATING TO SEWER SERVICE CHARGES; REPEALING SECTION 8-4-2 OF THE VILLAGE CODE OF McCALL, IDAHO, AND ENACTING A NEW SECTION 8-4-2 TO PROVIDE SEWER SERVICE CHARGES FOR USERS THEREOF LOCA'IHD WITHIN THE CITY LIMITS OF McCAT,T,, IDAHO, AND ESTABLISHING SEWER SERVICE CHARGES FOR USERS OUTSIDE OF THE CITY LIMITS OF McCALL, IDAHO. It was moved by LUTES and seconded by LYONS to suspend the rules for passage of proposed Ordinance No. 413 and upon vote was carried unanimously. WARD seconded the motion for adoption of proposed Ordinance No. 413, and upon vote LUTES, HARDY, WARD and LYONS voted AYE. Ordinance No. 413 was declared duly adopted. Seetirg inquired regarding the undressed shoulders on the mat of pave- ment at the sewer lagoons. There's a need to find out whether the con- tractor plans to fix these or if it will be up to the City. The Mayor informed the Council that, at the Payette Lakes Sewer District meeting, there was a discussion regarding the fact that the engineers were not satisfied with the oil mat laid as there were too many voids. The contractor put a seal-coat over it which hasn't corrected the problem. Mayor Evans, also, reported to the Council that there seems to be an error in the survey at lagoons of about 65' on Southeast corner 1967 based on survey by Tudor Engineering in(1968)when City acquired the property. When J.U.B. Engineers' surveyor set lines for fence, they were off 65' . The arm.between the logoon and the boundary of Rio Vista is property be- longing to Randy Walker which might cut off the City's access to the road from the East. The City is already subjected to a private road on the West side by Walker property. Engineers informed Mayor they had secured an Easement for sewer line through Walker property. Since both J.U.B. Engineers and Tudor Engineers believe their survey is correct and the local engineer has advised the City that he had checked monuments Tudor had put in and they were right, there is a difference in City or Walker properLy which poses a question of City's access from the East side. Bill Crowley inquired as to the Brundage Mountain Bath and Racquet Club posting a bond to insure completion of their project as platted. Bond is to be posted at the time the building permit is received. Clerk reported that Idaho Liquor Catering Permits had been issued to Shore Club Lodge, Inc. catering for ARID Club at the Golf Course on September 12, 1980, and to Forester's Club Bar catering for Little Ski Hill Group at Golf Course on September 20, 1980, upon recommendation and approval by Police Chief Lyons. Mayor Evans reminded the Council of the Fifth Annual Academy for Local Officials on October 22, 1980, in Caldwell and urged their attendance, if possible. The following bills were read for payment: No. 1367 Treasure Valley Bank $132,604.00 1368 Margaret E. Fogg, City Clerk 13.22 1369 Sandra Bates 160.00 1370 Donald R. Broughton 250.00 1371 Lynn Chapman 200.00 1372 Hugh H. Cooke 150.00 1373 Raymond W. Earls 250.00 1374 John L. Lyon 250.00 1375 Larry S. Olson 250.00 1376 Roger W. Rockwell 250.00 1377 Dianna L. Shaw 150.00 1378 Donald B.Van Cleave 250.00 1379 Terry Sharp 25.00 1380 Donna M. Bion 280.59 1381 Dianna L. Shaw 145.49 1382 IPOA, Inc. 90.00 1383 Dennis P. Babineau 565.60 1384 Roger D. Bates 692.26 1385 Sandra K. Bates 500.33 1386 Donald R. Broughton 571.32 1387 Mabel Burgess 59.14 1388 Gloria L. Cantrell 258.66 1389 Joye S. Catlin 568.35 1390 Larry Chalfant 974.68 1391 Lynn P. Chapman 219.33 1392 Martha Sara Chitwood 583.18 1393 Hugh H. Cooke 640.87 1394 Michale L. Crang 84.39 1395 Lorne D. Dalgleish 599.63 1396 Murray E. Dalgleish 18.02 1397 John B. Driggs 599.49 1398 Raymond W. Earls 430.00 1399 Bill A. Evans 83.79 1400 Donald L. Fitzwater 67.97 1401 Margaret E. Fogg 717.44 1402 Robert G. Gantz 133.50 1403 James F. Gibson 268.63 1404 James W. Hardy 66.90 1405 Sophie T. Howard 289.64 1406 Barbaree Jernigan 294.32 1407 Jack E. Tatham 304.31 1408 Clifford Lutes 66.90 1409 John L. Lyon 860.38 1410 James R. Lyons 66.90 1411 Ralph R. Murray 145.16 1412 Larry S. Olson 688.41 1413 Richard T. Remaklus 768.39 1414 Robert H. Remaklus 510.16 No. 1415 Roger W. Rockwell $ 571,32 1416 Laura L. Rupe 319.51 1417 W.O.J. Seetin 1,184.75 1418 W.O.J. Seetin 217.75 1419 Terry A. Sharp 403.47 1420 David B. Smith 999.36 1421 Sandra M. Solterbeck 14.78 1422 Donald B. Van Cleave 599.57 1423 Ernest E. Ward 66.90 1424 Kyle E. Weems 302.13 1425 Ernest H. Woods 194.20 1426 State Auditor, State of Idaho 3,399.19 .- 1427 Idaho First National Bank 3,374.10 1428 Public Employee Retirement System 3,342.28 1429 State Tax Commission 926.85 1430 Association of Idaho Cities 1,451.25 a431 American Family Life Assurance Co. 29.30 1432 Idaho First National Bank 3,861.08 1433 Idaho First National Bank 10,163.21 1434 VOID VOID 1435 Police Department 23.49 1436 Terry Sharp, W/S Dept. , Petty Cash 8.86 1437 Postmaster 45.00 1438 Postmaster 108.80 1439 Sandra Bates 61.48 1440 Bill A. Evans 38.60 1441 Margaret E. Fop• ; 26.53 1442 Maury Ainger 25.50 1443 Rick Bollar 30.50 1444 Ron Bowling 29.00 1445 Tom Chaloupka 10.50 1446 Dan Cochran 23.50 1447 Demsey Eddins 19.00 1448 Martin FitzGerald 49.00 1449 Don Fitzwater 39.00 1450 Dan Gray 3.50 1451 Bill Florence 10.50 "-` 1452 Tom French 18.50 1453 Bill Haworth 7.00 1454 Glen Jackson 22.00 1455 Jack Katzenberger 44.00 1456 Jim Madden 75.50 1457 Ken Medley 27.00 1458 Dave Smith 29.00 1459 Harry Stathis 22.00 1460 Skip Taylor 14.00 1461 Dana West 15.50 1462 Ernie Woods 5.00 1463 John Drips 5.60 1464 Acheson Motors 173.74 1465 VOID VOID 1466 Automotive West 4.82 1467 Boise Western Corporation 40.51 1468 Boyd Martin Co. 661.74 1469 Brown's Industries, McCall Division 18.56 1470 Brundage Office Supply & Equipment 62.23 1471 CH2M Hill 2,644.52 1472 CMI Incorporated 72.04 1473 Century Laboratories 89.00 1474 Chevron U.S.A. Inc. 14.13 1475 Chevron U.S.A. Inc. 1,662.67 1476 City Delivery Service, Inc. 11.10 1477 Continental Tel. Co. of the West 481.52 1478 Electronic Enterprises 4.65 1479 G. A. Thomson Co. 48.70 1430 Garden Way Publishing Co. 9.29 1481 Gordon's Books, Inc. 5.97 1482 H. Lukecart Repair 245.25 1483 H & W Plumbing and Electric 74.62 1484 The Highsmith Co. Inc. 70.17 1485 Honeydippers 420.00 1486 Idaho Power Company 3,092.71 1487 The Idaho Statesman 12.00 1488 Jerry's 25.00 1489 Lake Shore Disposal 173.19 1490 Mark's Chevron Service 336.10 No. 1491 May Hardware, Inc. $ 292.50 1492 McCall Air Taxi, Inc. 150.00 1493 VOID VOID 1494 The Merc 44.41 1495 McCall Rental & Sales 109.81 1496 McCall Rexall Drug 62.67 1497 McCall Shoe Repair 20.00 1498 Medley Spor'Gs 8.95 1499 National Fire Protection Association 58.00 1500 OSC Data 179.69 1501 Payette Lakes Lumber Co. , Inc. 65.40 1502 R-M Machinery Co. 69.06 1503 Redex, Inc. 38.60 ,...� 1504 Rich Personals 110.00 1505 Richard Carothers Associates, PS 3,416.69 1506 Rowland Bros. 69.10 1507 Safeco Insurance Companies 2,346.00 1508 Shaver's 2.09 1509 Sonnys Tire Service & Auto Parts 132.56 1510 Sports Marina 9.95 1511 Stans Auto Parts 177.03 1512 Star-News 87.92 1513 Starline Equipment Company 227.88 1514 Steve Regan Company 154.75 1515 Troy Laundry & Dry Cleaning 19.35 1516 Union Oil Company of California 66.78 1517 City of McCall Water Bond Fund 4,861.85 1518 Western Equipment Company 1,324.38 1519 Western Fire Journal 18.00 1520 William A. Kirk Agency, Inc. 339.72 1521 Wycoff 15.99 1522 The Art Mart, Inc. 6.82 1523 Office of State Tax Commission 339.68 Following the reading of the bills, it was moved by HARDY and seconded by LYONS that the bills be approved and ordered paid. Upon vote LUTES, HARDY, WARD andLYONS voted AYE. Motion carried unanimously. Mayor EVANS adjourned the meeting at 10:16 p.m. until Monday, November 3, 1980, at 7:00 / I/I 1/1 iiffita ✓� Cle t ) OCTOBER 27, 1980 McCall City Council met in Special sesson Monday, October 27, 1980, at 8:00 a.m. Mayor BILL A. EVANS presiding. The following members were present: WARD, LYONS, HARDY and LUTES. MAYOR EVANS announced the purpose of the Special meeting was to consider the introduction of a proposed ordinance granting a cable television franchise in the City ofMcCall, and further to consider publication of such proposed ordinance and the holding of a public hearing thereon. Proposed Ordinance No. 414, AN ORDINANCE RELATING TO CABTE 'TELEVISION; PROVIDING DEFINITIONS; GRANTING A TGIENTY (20) YEAR NON-EXCLUSIVE FRAN- CHISE TO CONSTRUCT, OWN, OPERATE AND MAINTAIN A CABTF 'TELEVISION SYSTEM WITHIN THE CITY OF McCALL, IDAHO; PROVIDING CONDITIONS ACCOMPANYING THE GRANTING OF SAID FRANCHISE; PROVIDING RATES, RULES AND REGULATIONS THEREFOR: PROVIDING FOR CANCELLATION OF SUCH FRANCHISE; MAKING IT UNLAWFUL TO INJURE ANY PROPERTY USED IN CONNECTION THEREWITH AND MAKING IT UNLAWFUL TO MAKE OR ATTEMPT TO MAKE UNAUTHORIZED CONNECTION TO SUCH CARTE T ELEVISION SYSTEM; PROVIDING FOR SEPARABILITY AND PROVIDING FOR DURATION AND ACCEPTANCE OF THIS ORDINANCE, was read and discussed. It was noted that the City has no control over rate schedule, prices are developed in the market place. Costs for review and final preparation of the ordinance by Attorney Remaklus are to be paid by Harmon and Co. as well as the costs of publication of the ordinance. There was no one present to be heard regarding the proposed ordinance. Following dis- cussion, it was moved by HARDY and seconded by LYONS to authorize the the public release of proposed Ordinance No. 414 for public hearing on December 1, 1980, at 7:30 p.m. Upon vote it was declared carried unanimously. At their October 21, 1980, meeting, the Planning and Zoning Commission received a building permit application from Randy Hart to remodel his house at 505 Lenora. Schoenhut, Attorney for Hart, had told the Commission the second story of the house had been removed and the roof would be put on to restore the house to its original size and that there would be no additional encroachment on the City street right of way. The Commission carried a motion to approve the permit subject to the City Council's approval and rescinding of the City Council order for removal of the encroachment not late then October 1, 1980. Attorney Schoenhut and Randy Hart presented plans to the Council which showed a change of direc- tion of roof line, to go in same direction as remaining roof line and an increase in height of roof. Scho&hut explained that he had not under- stood this was being done when he appeared before the Planning and Zoning Commission and had caused this ambiguity. He explained that the direction of the roof line and pitch was changed to eliminate problem with the valleys between roof. He stated, further, that Randy Hart was willing to sign an agreement with the City agreeing that he would not increase the encroachment on the right of way and that, at such time as the City determines the need of the right of way for public convenience, he would remove the encroachment. It was explained to Schoenhut that, by changing roof line direction and increasing the height, Hart is making improve- ments in an encroachment area and the P and Z had not taken action with this understanding. After a lengthy discussion, it was moved by HARDY and seconded by LUTES to rescind the Council's order of April 21, 1980, requiring the removal of the encroachment on Lenore Street by October 1, 1980, providing: (1) Hart returns the house to its original condition and configuration; (2) he delivers acceptable plans for the roof struc- ture not to exceed the original dimensions and maximum of nineteen feet (19' ) in height; and (3) signs an agreement between Randy Hart and the City which provides for removal of the encroachment at the City's request, with such agreement being recorded. Upon vote LU'I"ES, HARDY, WARD and LYONS voted AYE. Motion carried unanimously. meeting o the a 'EVANS Mayorat 9:30 a.m. until Monday, November 3, y �7 19 , t 7:00 . . f r Par.d e Cl k NOVEMBER 3 , 1980_ McCall City Council met in regular session Monday, November 3, 1980 . Mayor BILL EVANS presiding. The following members were present : LUTES, WARD and HARDY. JIM LYONS was absent . Minutes of the October 6 , 1980 , meeting were read. The time of the land survey at lagoon site by Tudor Engineering should be corrected to read 1967 instead of 1968. The minutes were approved as corrected. Mayor EVANS explainged that the request of Duane C. Smith to reclassify the zoning of his property located at 706 Lick Creek Road from A-Low Density Residential to B-Medium Density Residential was approved at the October 6 , 1980 , meeting. To correct an oversight of required action on the ordinance to change the zone classification, proposed Ordi- nance No. 415 , related to zoning, was read at length. HARDY introduced and moved adoption of proposed Ordinance No. 415 , AN ORDINANCE RaITED TO ZONING ; CHANGING ZONE CLASSIFICATION OF CERTAIN PROPERTY; AND AMENDING THE "MAP OF ZONING" AND DIRECTING THE CITY ENGINEER TO ENDORSE SUCH CHANGE ON SAID MAP. It was moved by LUTES and seconded by HARDY to suspend the rules for passage of proposed Ordinance No . 415 and upon vote was carried unanimously. WARD seconded the motion to adopt proposed Ordinance No. 415 and upon vote LUTES, HARDY and WARD voted AYE. Ordinance No. 415 was duly adopted. In order to fill the position on the McCall Planning and Zoning Commission vacant by the resignation of Matt Wallace , Mayor EVANS appointed Judy deReus to fill the position vacancy on the McCall Planning and Zoning Commission. It was moved by LUTES and seconded by WARD to confirm the appointment of Judy deReus to the McCall Planning and Zoning Commision. Upon vote WARD, HARDY and LUTES voted AYE. Motion carried unanimously. The next matter brought before the Council was the appoint- ment of a Joint Planning and Zoning Commission to administer the McCall Area of City Impact in accordance with the Land Use Act of 1975 , as Amended, and to comply with the Agree- ment made and entered into the 2nd day of September, 1980 , between the Valley County Board of County Commissioners and the McCall City Council in which both parties agreed to the creation of a Joint Planning and Zoning Commission for the McCall Area of City Impact consisting of ten ( 10) persons , who shall be appointed by the Mayor of the City of McCall and confirmed by majority vote of the City Council. Six members shall be residents of the City of McCall and four members shall be residents of the McCall Area of City Impact . Members shall be appointed from a list submitted by the Payette Lakes Home Owners Association and one member appointed from the McCall Area of City Impact shall be se- lected from a list recommended by the Valley County Board of Commissioners . The Payette Lakes Home Owners Association, through Attorney Nicholas , recommended Edward G . Elliott , Linda Burke , Joe Bross , Margaret Clemmer, Jeff Clemmer, J. R. (Bob ) Lilly, and Billie Hardin for Joint Commission appointments , stating that all of the recommended candidates were interested in serving on the Commission. The Mayor had also consulted with the County Commissioners regarding their one recommendation. Mayor EVANS then appointed the following persons to the Joint Planning and Zoning Commis- sion for the McCall Area of City Impact : Edward G . Elliott , J. R. (Bob ) Lilly , Joe Bross and Marvin Heikkala from the Impact Area and Carl Whitaker, Rick Bollar, Julie Eddins , Kermit Wolfe , Sybil Roach, and Dr. Clyde Archer, City residents . It was moved by HARDY and seconded by WARD to confirm the appointment of the before-mentioned persons to the Joint Planning & Zoning Commission. Upon vote WARD, LUTES and HARDY voted AYE. Motion carried. Evans informed the Council that the six persons from the City have in- dicated they would serve as well as the person recommended �* by the County Commissioners . With regards to the proposed property exchange with Double- tree II and the question concerning the easement that could have changed the amount of property the City owned, City Attorney Remaklus has been in contact with former owners of the property and has the matter cleared up . Brown Tie and Lumber Company will sign a Quitclaim Deed which will clear the way to rake the exchange of property as scheduled to take place at 4 : 00 p.m. on 6th of November, 1980 , at the City Clerk' s office . All Council members are welcome to be there for exchange of Deeds but are not required to attend. Magistrate Darla Williamson sent a letter informing the Mayor that she would start coming to McCall for Court Sessions the second Friday of each month, beginning January, 1981, to hear small claims actions and default divorce hear- ings only. Mayor EVANS reported on the Rural Development Council meeting which he attended at Governor Evans invitation. The Federal and State officials attending the meeting assured those in attendance that the rural areas would have a much better chance of participating in development plans and funds in the future because of the effort being put forth to get them in the mainstream of the action. The animal control problem and the various charges and ordinances of cities throughout the State were discussed. Cost figures of McCall' s animal control were reviewed, which revealed receipts and expenses were practically offset , with- out labor costs being considered, which is one of the larger expenses estimated at $12 ,000 . 00 per year. Police Chief Lyon' s recommendations for increases in license fees and impound and board charges wer? read at length. Fees for impoundment should be increased for operation of the pound and expense of capturing, caring for and destroying unwanted animals . Since unneutered male dogs are as much a problem as unspayed females , the license fee should be the same, $10 . 00 . License fee for other dogs to be raised to $5 . 00 . Each owner or per- son in charge of any dog, nale or female, which has been neutered or spayed, shall, upon purchase of license , present the certi- ficate of a licensed Doctor of Veterinary Medicine certifying that such dog has been spayed or neutered. After a lengthy discussion, proposed Ordinance No. 416 , relating to dogs , was read in full. LUTES introduced and moved adoption of proposed Ordinance No. 416 , AN ORDINANCE OF THE CITY OF McCALL, IDAHO RELATING TO DOGS; AMENDING SECTIONS 5-4-2 and 5-4-3 OF THE VILLAGE CODE OF McCALL, IDAHO TO PROVIDE FOR INCREASED LICENSE TAXES; AMENDING SECTION 5-4-25 OF THE VILLAGE CODE OF McCALL, IDAHO TO PROVIDE FOR INCREASED IMPOUNDING FEES . It was moved by HARDY and seconded by WARD to suspend the rules for passage of proposed Ordinance No. 416 . Upon vote , it was carried unani- mously. HARDY seconded the motion to adopt proposed Ordinance No. 416 and upon vote WARD, HARDY, and LUTES voted AYE. Motion carried and Ordinance No. 416 was declared duly adopted. HARDY reported the Waterways Water Tax Commission was repairing the boat landing ramp . Council discussed dock repairs . No action taken. Clerk read the Planning and Zoning Commission' s amendment proposals to the Zoning Ordinance . It was the consensus of the Council that they could not understand the proposals as sub- mitted and that the changes wanted in the Zoning Ordinance should be written up as to what they want changed, why they want the changes , and how it is going to read if changed. Remaklus was requested to review building permit procedure regarding the possibility of allowing a staff member to review building permit applications under $100 ,000 . rather than have the Planning and Zoning Commission taking action on all ap- plications presented. Bill Crowley proposed the City Council research procedure for requiring a developer to post a Performance Bond or some means of assurance that their project would be completed as designed and approved. Remaklus will seek some direction in this regard through the National Institute of Municipal Law Officers . Hardy informed the Council that in October, 1980 , 3525 books , records and magazines were circulated per day , an average of 24 more per day as in the same month of 1979 . They had a 1979/1980 circulation of 46 , 400 , which is the highest in the State for this size facility . The following bills were read for payment : No. 1524 IBM Corporation $ 214. 40 1525 The Idaho First National Bank 416 . 52 1526 Postmaster 30 . 00 1527 Donald R. Broughton 250 . 00 1528 Hugh H. Cooke 250 . 00 1529 Raymond W. Earls 250 . 00 1530 John L. Lyon 250 . 00 1531 Larry Olson 250 . 00 1532 "Roger W. Rockwell 250 . 00 1533 Terry A. Sharp 200 . 00 1534 Donald B. Van Cleave 250 . 00 1535 Police Department 21. 49 1536 WYCOFF 10 . 30 1537 Terry Sharp - Water Clerk 21. 09 1538 Ernest H. Woods , Jr. 64 . 00 1539 Idaho First National Bank 10 ,230 . 04 1540 Roger D. Bates 742 . 69 1541 Sandra K. Bates 708. 46 1542 Donald R. Broughton 657 . 25 1543 Mabel Burgess 26 . 47 1544 Gloria Cantrell 144 . 14 1545 Joye S. Catlin 632 . 11 1546 Larry Chalfant 1, 083 . 10 1547 Martha Sara Chitwood 644 . 42 1548 Hugh H. Cooke 610 . 70 No. 1549 Michale L. Crang $ 279 . 43 1550 James F . Creech 57 . 50 1551 John B. Drips 668. 91 1552 Raymond W. Earls 508. 69 1553 Bill A. Evans 83. 79 1554 Donald L. Fitzwater 76 . 11 1555 Margaret E. Fogg 787. 34 1556 James F. Gibson 167 . 56 1557 James W. Hardy 66 . 90 1558 Sophie T. Howard 376 . 02 1559 Barbaree Jernigan 346 . 00 1560 Jack E. Latham 338. 46 1561 Clifford Lutes 66 . 90 ,..,, 1562 John L. Lyon 979 . 52 1563 James R. Lyons 66 . 90 1564 Ralph R. Murray 131. 31 1565 Larry S. Olson 791. 80 1566 Richard T. Remaklus 848 . 91 1567 Robert H. Remaklus 561. 56 1568 Roger W. Rockwell 657 . 25 1569 Laura L. Rupe 379 . 73 1570 W. O. J. Seetin 1,291. 97 1571 W. O. J. Seetin 235 . 17 1572 Terry A. Sharp 237 . 52 1573 David B. Smith 1,085 . 71 1574 Donald B. Van Cleave 644 . 61 1575 Ernest E. Ward 66 . 90 1576 Kyle E. Weems 320 . 56 1577 Ernest H. Woods 277. 31 1578 State Auditor, State of Idaho 3, 391. 65 1579 Idaho First National Bank 3 , 695 . 00 1580 State of Idaho Tax Commission 1,030 . 30 1581 Public Employee Retirement System3, 720 . 78 1582 Association of Idaho Cities 1 ,451 . 25 1583 American Family Life Assur. Co. 29 . 30 1584 State Auditor, State of Idaho 468. 80 1585 Postmaster 106 . 20 1586 Postmaster 45 . 00 1587 Gloria Cantrell 10 . 00 1588 Sophia Howard 49 . 00 1589 Bill A. Evans 32 . 40 1590 Earl Rivers 11. 80 1591 Maury Ainger 40 . 50 1592 Rick Bollar 15 . 50 1593 Ron Bowling 25 . 50 1594 Dan Cochran 27. 00 1595 Dempsey Eddins 28. 50 1596 Martin FitzGerald 40 . 50 1597 Don Fitzwater 34 . 00 1598 Bill Florence 18 . 50 1599 Tom French 8 . 50 1600 Dan Gray 3 . 50 1601 Bill Haworth 22 . 00 1602 Glen Jackson 10 . 50 1603 Jack Katzenberger 25 . 50 1604 Ken Medley 8. 50 1605 Jim Madden 75 . 50 1606 Dave Smith 32 . 00 1607 VOID VOID 1608 Harry Stathis 15 . 00 1609 Skip Taylor 18 . 50 1610 Dana West 29 . 00 1611 Dennis Babineau 565 . 00 """" 1612 Lorne Dalgleish 885 . 60 1613 Sandra Bates 51. 30 1614 Roger W. Rockwell 4. 89 1615 Idaho Rec . & Parks Society 10 . 00 1616 Acheson Motors 100 . 00 1617 Association of Idaho Cities 497 . 46 1618 Barron' s Educational Series , Inc . 6 . 48 1619 Baxter Foundry & Machine Works 432 . 00 1620 Boise Country Store #3 99 . 99 1621 Boyd Martin Co. 300 . 60 1622 Brundage Office Supply 53 . 28 1623 VOID VOID 1624 Cambridge Litho 25 . 00 No. 1625 Chevron U, S.A. Inc . $ 2 ,235 , 55 1626 Conely Company 75 . 20 1627 Consolidated Supply Co. 132 . 68 1628 Continental Telephone System 463 . 51 1629 Doubleday & Company , Inc . 91. 47 1630 Dan' s Saddlery 332 . 20 1631 Decker' s Inc. 137 . 33 1632 Fencing Inc. 1,000 . 00 1633 H. Lukecart Repair 242 . 53 1634 H & W Plumbing and Electric 17 . 48 1635 The H. W. Wilson Company 24. 00 1636 Hamell Road Construction & .- Long Valley Sand & Gravel 70 . 00 1637 High Country 5 . 00 1638 Chris Scoles 25 . 50 1639 Gordon' s Books , Inc . 450 . 91 1640 Idaho First National Bank 416 . 52 1641 Idaho Power Company 3 , 763 . 48 1642 INGRAM 385 . 90 1643 International Business Machines 60 . 50 1644 Jerry ' s 25 . 00 1645 John Drips , Golf Professional 3 , 882 . 69 1646 Kean Recreation Company 144 . 00 1647 Lake Shore Disposal 173 . 19 1648 Lakeside Conoco 28 . 64 1649 Lembke Heating Co. 2 ,640 . 00 1650 Office of State Tax Commission 65 . 07 1651 May Hardware , Inc. 49 . 79 1652 McCall Fire Department 16 . 75 1653 McCall Memorial Hospital 306 . 00 1654 McCall Rexall Drug 14 . 79 1655 Men' s Wardrobe 178. 98 1656 Mining & Civil Engineering 24 . 00 1657 OSC Data 179 . 85 1658 O'Neill International Inc . 151. 80 1659 Payette Lakes Lumber Co. Inc . 251. 70 1660 Pendleton Farm & Garden Center 4 . 98 - 1661 Quality Paperback Book Club , Inc. 1. 69 1662 Revenue Sharing Advisory Service 35 . 00 1663 ROSS International Supply Co. , Inc. 12 . 50 1664 Rowland Bros . 736 . 33 1665 The State of Idaho-Surplus Property 50 . 00 1666 Safeco Insurance Companies 96 . 00 1667 VOID VOID 1668 Silver Burdett Company 19 . 29 1669 Snowbird Laundry & Dry Cleaning 54 . 25 1670 Sonnys Tire Service 44 . 94 1671 Sports Marina 6 . 98 1672 Stans Auto Parts 39 . 01 1673 Star News 12 . 00 1674 Star News 275 . 73 1675 Starline Equipment Co. 207 . 90 1676 State of Idaho, Dept . of Lands 150 . 00 1677 Time/Life Books 10 . 58 1678 Troy Ldy. & Dry Cleaning 12 . 90 1679 Valley County Construction 637 . 00 1680 Valley Pump & Equipment Co. Inc . 22 . 61 1681 Valley Transmission 648. 80 1682 Western Equipment Company 1, 324 . 38 1683 William A. Kirk Agency Inc. 20 . 00 1684 Williamsen, Truck Equipment Corp . 204. 28 1685 Civic Supply Company 317. 79 1686 McCall Public Library 10 . 98 1687 Shaver' s 27 . 99 1688 Russ Smith 27 . 00 Following the reading of the bills , it was moved by HARDY and seconded by LUTES that the bills be approved and ordered paid. Upon vote LUTES, WARD and HARDY voted AYE . Motion carried. Mayor EVANS adjourned the meeting at 9 : 30 p ,m. until Monday, December, 1, 198 7 : 00 p .m. :_9;72//:// ) "Lit_--Th Mayor C lq.k 7 iJ/--, d DECEMBER 1, 1980- McCall City Council met in regular session, Monday , December 1, 1980 , at 7 : 00 p .m. Mayor BILL EVANS presiding. The following members were present : WARD, LYONS, HARDY and LUTES . The minutes of the meeting held November 3, 1980 , were read and approved as read. The MAYOR announced that it was the time and place set for a public hearing on the proposed Cable Television Franchise Ordinance . There was no one present to be heard. HARDY into- dared and moved adoption of proposed Ordinance No. 414 , AN ORDINANCE RELATING TO CABLE TELEVISION; PROVIDING DEFINITIONS ; 1 GRANTING A TWENTY (20 ) YEAR NON-EXCLUSIVE FRANCHISE TO CONSTRUCT, OWN, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM WITHIN THE CITY OF McCALL, IDAHO; PROVIDING CONDITIONS ACCOMPANYING THE GRANTING OF SAID FRANCHISE ; PROVIDING RATES , RULES AND REGU- LATIONS THEREFOR; PROVIDING FOR CANCELLATION OF SUCH FRANCHISE; MAKING IT UNLAWFUL TO INJURE ANY PROPERTY USED IN CONNECTION THEREWITH AND MAKING IT UNLAWFUL TO MAKE OR ATTEMPT TO MAKE UNAUTHORIZED CONNECTION TO SUCH CABLE TELEVISION SYSTEM; PROVIDING FOR DURATION AND ACCEPTANCE OF THIS ORDINANCE. It was moved by LUTES and seconded by WARD to suspend the rules for passage of proposed Ordinance 414 and upon vote the motion was carried unanimously. LYONS seconded the motion to adopt proposed Ordinance No. 414 and upon vote WARD, HARDY, LUTES and LYONS voted AYE. Mayor announced Ordinance No . 414 duly adopted. Attorney Nicholas spoke on behalf of Burton Walker in con- nection with a land trade agreement that Mr. Walker maintains he made with the City about two years ago. Nicholas read excerpts from copies of the minutes dated October 5 , October 31, and November 6 , 1978 , in which proposals were made by Walker' s Attorney Schoenhut for property trades in the sewer lagoon area in order to gain access to his properties . Nicholas stated that , after the November 6 , 1978 , meeting , Walker assumed there had been agreement with the City that , after property descrip- tions had been prepared by Surveyor Kerr, he would make a land trade with the City and that he had entered into an agree- ment with the City to the effect that he would be granted a 35 ' wide easement along the boundary between the sewer lagoon property and the property owned by son, Rand Walker. The City recently put fences around the sewer lagoon and Walker feels these fences were placed in total disregard of the purported land trade and 35 ' easement he would be given. Nicholas said that he was present in order to avoid the expense and wasted energy involved in a lawsuit as he had been instructed to file a complaint in District Court asking for a declaratory judg- ment . He hopes a majority of the Council will decide there was in fact such a land exchange of the two pieces of land and that the City will instruct the City Attorney to prepare the necessary deed and get those things filed so that the matter can be resolved without the expense of a lawsuit . It was explained to Nicholas that Walker' s representative never came to the City with a definite request as to what they wanted as a final version of the map . Attorney Remaklus stated that no property descriptions have ever been furnished or appraisals made in order to prepare the appropriate ordinance for land trade . Walkers have never pointed out exactly what they wanted nor provided land descriptions to work with. Since there has been a two-year time lapse and Walker did not get back to the City with the surveys , the legal description of property he wanted traded and the easement he wanted; the City ' s only determination was that he was no longer interested and went on that basis . Council members gave their views as follows : (1) Since there had been no follow-up by Walkers in 1978 , it was presumed they had lost interest . ( 2) There would be no advantage to the City to consider a land trade now. ( 3) Coun- cil members should look the situation over carefully before considering any land trade . ( 4) Expressed the fact that' the City is not in the land trade business . After a long deli- beration, it was moved by HARDY and seconded by LUTES that the City is no longer interested in a land trade with Burton Walker. Upon vote LYONS , LUTES, HARDY and WARD voted AYE. Motion carried unanimously . The City Planning and Zoning Commission, at their November 18 , 1980 , meeting, recommended to the City Council approval of Parnell Buss ' request to reclassify his property at 700 N. Sampson Trail from A-Low Density Residential to D-General Commercial and recommended to change the McCall Comprehensive Plan from Residential to Commercial. Reasons for such action were in compliance with 3-24-4 as follows : (1) City of McCall regulations for users under 3-8 General Commercial. (2 ) Reasons for approving the request were : compatibility with the adjoin- ing property, having received no objections from surrounding property owners , and considering the present usage . Following discussion, it was moved by HARDY and seconded by LYONS to approve Parnell Buss ' request to reclassify his property at 700 N. Sampson Trail from A-Low Density Residential to D- General Commercial, based on reasons given above , and approve the change in the McCall Comprehensive Plan from Residential to Commercial. Upon vote the motion carried unaimously . In order to effect the change proposed Ordinance No. 417, an ordinance related to zoning, was read. HARDY introduced and moved adoption of proposed Ordinance No. 417 , AN ORDINANCE RELATED TO ZONING; CHANGING ZONE CLASSIFICATION OF CERTAIN PROPERTY; AND AMENDING THE "MAP OF ZONING" AND DIRECTING THE CITY ENGINEER TO ENDORSE SUCH CHANGE ON SAID MAP. It was moved by LUTES and seconded by WARD to suspend the rules for passage of proposed Ordinance No. 417 and upon vote was carried unan- imously. WARD seconded the motion to adopt proposed Ordinance No. 417 and upon vote WARD, LUTES, HARDY and LYONS voted AYE . Ordinance No. 417 was duly adopted. John Davidson, Brass Inc . of Boise , inquired as to the possi- bility of putting in a theater complex between the Idaho Power Substation and Lardos , using a part of the 40 ' City road right of way to provide the ten parking spaces in addition to part of Lardos parking lot for required parking. He asked if the Council would consider vacating the street or making some other arrangement which would give them space for the addi- tional ten parking spaces needed to support this project . Neil Boydstun stated that the street referred to was used and that he had given the street to the City to accommodate the people of McCall and did not think it should be vacated. After discussion, it was moved by HARDY and seconded by WARD to deny Brass Inc. ' request to vacate the street right of way between their property and the Idaho Power Substation. Upon vote motion was carried unanimously. The Planning and Zoning Commission held a public hearing Nov- ember 18, 1980 , to consider Richard Wildman' s request for a varience to commercial rear setbacks on property located at 206 Park Street . The Commission recommended approval of the request of Richard and Jan Wildman for a varience to the requirements of the Commercial zone to allow them to build a dental clinic to within 5 ' of the rear property line on the SW corner rather than the required 20 ' based on 3-24-4 of the ordinance, clearly not in conflict with public interest and it does not deprive others of the same privilege . It was moved by HARDY and seconded by LUTES to approve Richard and Jan Wildman' s request for a varience as described above , reasons being the same as those given by P & Z Commission. Upon vote motion carried unanimously. At a public hearing held by Planning and Zoning Commission on November 18, 1980 , for Roger Anderson, Sundance Corporation, requesting a Planned Unit Development to be known as "Aspen Village" , the P & Z Commission recommended to the City Council denial of the Planned Unit Development "Aspen Village" because of the concerns of the sewer and total number of hookups avail- able at this time . Reasons given for voting for the denial of the PUD request were as follows : Droge is against because according to basic evidence at the present time , the city has approved units to the limit of the capacity of the sewer faci- lity and despite zoning, at the present time he feels this area may not be able to accommodate the impact of a project of 148 units . Eld is of the opinion that the project does conform to the PUD requirements , however, he favors denial based on the analysis of the designed numbers for the sewer system and approval of it would exceed total number of hookups available . deReus felt that two of the plan elements have not been adequately addressed, those being the finished contours and grades and section d, whether the surrounding area would benefit from this development . Klott felt that the feelings of the audience , comprised of surrounding property owners , are strongly against the project and he considers the feelings of the Sewer District have a definate bearing on approval regarding the sewer capacity . Mayor EVANS reported on his meeting with J.U. B Engineers and his findings regarding the sewer lagoon and its capacity. Bill Mackley , attorney for Sundance , reviewed the status of their plan stating they complied with all seventeen elements required for the PUD General Development Plan and Program, and that , if the Council diddeny Roger Anderson' s application for general development plan approval, in effect it is a moratorium for the entire City of McCall. He was of the opinion that City Attorney Remaklus would be somewhat uneasy if Anderson' s application was turned down on the basis of no sewer capacity and future hookups were allowed throughout the community after an adverse action against his client . He felt Remaklus would agree that , if there is to be a moratorium, there has to be an extensive public hearing with factual and scientific imput . John W. Matzinger, Registered Civil Engineer, made a presentation with outline comments relating to the anticipated capacity of the new McCall Wastewater Treatment System in which he stated that he did not believe the connection of the Aspen Village project would have an adverse or even detectable effect upon the plant operation. Questions were raised by Shawn Miller, Dean Hagerman, Jean Odmark, and Dave Byers . John and Peggy Clemmer, Mac Eld, and Mary Ellen Fairchild spoke against the project and James Staup spoke on behalf of the application urging approval. There was a lengthy discussion pertinent to sewer lagoon operation, City sewer hookups versus Payette Lakes Water and Sewer District hookups , access roads to the area and growth. Following discussion, it was moved by HARDY and seconded by LUTES to disapprove the Planning and Zoning Commission' s denial of the Aspen Village PUD request and approve the first phase of the PUD of 56 units , an office building and convenience center based on the following: (1) Construction quality of their Aspen Condominiums project was good. ( 2 ) Approval of 56 units adds only an additional 24 units because of prior hookup approvals . ( 3) If the Council would approve the denial of Aspen Village application, the City would have an automatic building moratorium in McCall. ( 4) Have no specific reasons for denial as all legal require- ments have been met . Upon vote LUTES, WARD, LYONS and HARDY voted AYE . Motion carried unanimously . Mac Eld, member of the McCall Planning and Zoning Commission, requested that the City Council establish definitive goals and/or limitations for future building permit requests or provide specific data to the P & Z Commission in order to keep development on an orderly basis in the City . Mayor EVANS requested Eld to submit specifics of what he needed so that such information could be provided . There was a discussion concerning a change of water/sewer hookup rate . Presently there is a charge of S400 . 00 for each hookup from a single family home or a multi-unit devel- opment . rDlave Byars suggested charging a sewer hookup for each unit of a development . Fees collected to be put in a special fund for future expansion of the sewer. Shari Katzen- berger expressed a need to change the City Ordinance so that every family unit paid a sewer hookun fee whether single family housing or multi-unit development - such fees were rore equitable and monies would be available for future water and sewer expansion. Attorney Remaklus explained that cities in Idaho are not allowed to build up sinking funds for future development . Local governments state-wide must be on a cash basis then float a bond issue for any large capital improve- ments . Mayor EVANS informed the group that the City of Boise and the Association of Idaho Cities are investigating ways to allow developers to help pay for the expansion of services they create a demand for that would be within State law. Ralph Kangas of Smith and Kangas Engineers expressed the need for the City of McCall to follow-up the new Airport Master Plan with a zoning ordinance to control development in the airport area. He offered a proposal as follows : ( 1) Prepare a draft of a proposed airport zoning ordinance that would be in compliance with the State and F. A. A. regulations . (2 ) Attend two working sessions with the Joint P & Z Commission and City Planning & Zoning Commission. ( 3) Attend one meeting of the City Council. ( 4) Provide necessary copies to all members of P & Z Commissions , City Council and Legal Counsel. He proposed to provide the above for $400 . 00 payable at the time the City Council accepts the draft ordinance. Kangas also proposed to prepare detailed working drawings of "T" Hangars to provide uniformity of "T" Hangars constructed on the airport in the future . For this work he proposed they be paid $1,000 . 00 payable at the time of delivery of drawings . Following discussion, it was moved by HARDY and seconded by LYONS to accept Smith and Kangas Engineer' s proposal to draft an airport zoning ordinance and authorize payment of $400 . 00 at the time the Council accepts the draft ordinance . Upon vote LUTES, HARDY, LYONS and WARD voted AYE. Motion carried unanimously. It was the consensus of the Council that HARDY discuss the proposal regarding the "T" Hangars with the Aviation Advisory Committee before any decision is made . Forthcoming meeting for imput of Highway 55 bypass alternate routes was discussed. Ralph Kangas read his letter of recom- mendation to Ralph Frame , Federal Highway Administration, sug- gesting that Alternative B was the preferred route of the bypass so far as it effects the airport development . The Clerk read a letter of resignation from the Librarian, Martha Chitwood. Hardy reported the Library Committee recom- mended Sophia Howard for the position vacated by the resigna- tion. It was moved by HARDY and seconded by WARD to accept Martha Chitwood' s resignation with regret and Sophia Howard be hired as Librarian effective December 15 , 1980 * Upon vote c-r WARD, HARDY, LUTES and LYONS voted AYE . Motion carried unani- mously. HARDY announced that there would be a Retirement Open House Party honoring retiring Martha Chitwood at the Library on Tuesday , December 9 , 1980 , from 3 : 00 p.m. to 8 : 00 p .m. HARDY reported that the walk at the Library was not being kept clear of snow. The Clerk is to advise the Janitor that shoveling the Library walk is one of his duties . Clerk presented insufficient funds checks that had not been collected which the Auditors recommended be written off. They were : Sandra Trimble , $13 . 00 , dated 7-79 ; Refracted Energy , $20. 00 , dated 9-28-79; D. L. Rossman, $10 . 00 , dated 12-3-79 ; A. Chandler, $16 . 00 , dated 11-6-79 ; and J . Durbin, $30 . 00 , dated 10-30-79 . It was the consensus of the Council to table action as they felt that collection could be made on one or two of the checks . The price quotation received from Sterling Codifiers Incor- porated for extra copies of the McCall City Code was : photocopied for up to 20 copies , with binder $35 . 00 each and printed copies with binder $59 . 00 each for up to 10 copies . The Council instructed the Clerk to order three photocopied sets , one for the City Attorney in McCall and two extra copies for the office . The following applications for Beer License were read for approval : BPOE 2569 Inc . , Payette Lakes Lodge - Maury Ainger, Bill' s Cash Grocery - Bill Basye , Brass Lamp - Janice Coplan, Chicken Roost - Frances Frost , Circle R Market - Robert McCarty , Charlie Brown' s Ski Haus - Charlie C . Brown, Disco Foods - Kenneth L. Davis , High Country Deli and Sandwich Company - McCaman & Davis , The Forester' s Club - Keith E. LeMoine , Kitchen Cafe - Lucille P. Uelrich, Lake Bowl - Dwain Rudge , Lakeview Village Store - Tom Francis , Lardo' s Inc . - Louis Howard, Maverik Country Store - Louise Banks , Medley Sports Center - Don Medley, The Merc - Ken Patterson, The Mill - Bill Garber, The Pitcher - Darold and Pat Hamell, Shaver' s - Don Boos , Shore Lodge , Inc. - John V. Edwards , Si Bueno Mexican Food - Rod Nielson, Sports Marina, Inc. - James W. Hardy , Woodsman Cafe - Betty Woods , Yacht Club - Joseph and Susan L. Yarmak. The following applications for Retail Wine License were read for approval : Bill's Cash Grocery , Charlie Brown' s Ski Haus , Circle R Market , Disco Foods , High Country Deli and Sandwich Company, Lakeview Village, Maverik Country Store , The Merc , Shavers of McCall; and the following applications for Wine By the Drink were read: Brass Lamp, Inc . High Country Deli and Sandwich Company , The Kitchen Cafe , Lardo ' s , Pitcher Bar, Si Bueno, Inc . , and Woodsman Cafe . Following the reading of the applications , it was moved by LUTES and seconded by LYONS to approve the Beer and Wine License Applications as read and. authorize granting the license . Upon vote the motion was carried unanimously. Mayor EVANS reported on A. I . C. ' s proposed Legislative Program: Full implementation of 1% Initiative as passed by the voters ; revision of Sales Tax revenue distribution formulae ; increased fees for beer and wine licenses ; exempt Cities from Sales Tax; and Cities not be required to pay property tax on Lease Pur- chase equipment . Attorney REMAKLUS is to check with the County on the County road by the old dump located within the Union Pacific Rail- road property on which they have requested a lease termination. REMAKLUS advised the City not to sign the Termination Agreement until the status of the road could be determined. REMAKLUS is to review the Street Lighting Contract from Idaho Power Company. The City is presently waiting for Exhibit A, a map of the lighting, before signing the contract . REMAKLUS said that an amendment to the McCall Zoning Ordinance would be needed to allow staff members to approve building permits less than S100 ,000 . 00 . REMAKLUS reported he would review information regarding the posting of a bond by developers , in order to assure City of a project being developed as presented and approved, and would report back to the Council. It was explained by REMAKLUS that Attorney Killan is requesting the City Quitclaim certain properties in the vicinity of Lick Creek Road and Davis Avenue . It was the consensus of the Council that Killan do the research on the properties and sub- mit a letter with his proposal request . It was REMAKLUS recommendation that J .U.B Engineers be invited to attend a Council meeting and explain development of the Facilities Plan for the sewer lagoons . The following bills were read for payment : No. 1689 Postmaster $ 30 . 00 1690 Donald R. Broughton 250 . 00 1691 Hugh H. Cooke 250 . 00 1692 Raymond W. Earls 250 . 00 1693 John L. Lyon 250. 00 1694 Larry S . Olson 250 . 00 1695 Roger W. Rockwell 250 . 00 1696 Terry A. Sharp 200 . 00 1697 Donald B. Van Cleave 250 . 00 1698 J .W. Crutcher, Recorder 2 . 00 1699 Kean Recreation Company 38. 79 1700 Roger D. Bates 759 . 28 —. 1701 Sandra K. Bates 708. 46 1702 Donald R. Broughton 657. 25 1703 Gloria L. Cantrell 331. 69 1704 Joye S. Catlin 632 . 11 1705 Larry L. Chalfant 1,128. 61 1706 Martha Sara Chitwood 644 . 42 1707 Hugh H. Cooke 610 . 70 1708 Michale L. Crang 211. 59 1709 James F. Creech 83 . 78 1710 John B. Drips 668. 91 1711 Raymond W. Earls 508. 69 1712 Bill A. Evans 83 . 79 1713 Donald L. Fitzwater 76 . 11 1714 Margaret E. Fogg 787 . 34 No. 1715 James W. Hardy $ 66 . 90 1716 Sophie T. Howard 510 . 86 1717 Jack E. Latham 338. 46 1718 Maria C. Lisowski 64 . 02 1719 Void Void 1720 John L. Lyon 979 . 52 1721 James R. Lyons 66 . 90 1722 Larry S. Olson 791. 80 1723 Richard T. Remaklus 838. 91 1724 Robert H. Remaklus 561. 56 1725 Kay L. Rhodes 45 . 06 1726 Roger W. Rockwell 657. 25 ,- 1727 Laura L. Rupe 408. 25 1728 W. O. J. Seetin 1,291. 97 1729 W. O. J. Seetin 235 . 17 1730 Mary E. Sharp 164 . 41 1731 Terry A. Sharp 336 . 99 1732 David B. Smith 1,086 . 32 1733 Robert Russel Smith 30 . 04 1734 Donald B. Van Cleave 644 . 61 1735 Ernest E. Ward 66 . 90 1736 Kyle E. Weems 279 . 43 1737 Ernest H. Woods 277 . 31 1738 State Auditor, State of Idaho 3 , 405 . 75 1739 Idaho First National Bank 3 , 712 . 10 1740 State of Idaho Tax Commission 1,028. 60 1741 Public Employee Retirement 3, 814 . 15 1742 Association of Idaho Cities 1, 451. 25 1743 Amer. Family Life Assur. Co. 29 . 30 1744 Clifford Lutes 66 . 90 1745 Postmaster 104 . 60 1746 Idaho First National Bank 10 ,297 . 31 1747 Bill A. Evans 37 . 55 1748 Sandra Bates 76 . 19 1749 Maury Ainger 30 . 50 1750 Rick Bollar 23 . 50 1751 Ron Bowling 14 . 00 1752 Tom Chaloupka 7. 00 1753 Dan Cochran 32 . 50 1754 Dempsey Eddins 30 . 50 1755 Martin FitzGerald 47. 50 1756 Don Fitzwater 39 . 00 1757 Bill Florence 25 . 50 1758 Tom French 5 . 00 1759 Dan Gray 23 . 50 1760 Bill Haworth 33 . 50 1761 Glen Jackson 30 . 50 1762 Jack Katzenberger 35 . 50 1763 Jim Madden 92 . 50 1764 Ken Medley 35 . 00 1765 Dave Smith 50 . 50 1766 Russ Smith 38. 50 1767 Harry Stathis 20 . 00 1768 Skip Taylor 29 . 00 1769 Dana West 30 . 50 1770 Ernie Woods 15 . 00 1771 Acheson Motors 25 . 00 1772 Arnold Machinery Company 10 . 51 1773 The Art Mart , Inc. 36 . 38 1774 Bill' s Cash Grocery 55 . 56 1775 Bill' s Union Service 8. 75 1776 BRODART, Inc . 122 . 30 1777 Brundage Office Supply 14 . 71 1778 The Caxton Printers , Ltd. 35 . 76 1779 Chevron U. S. A. Inc. 2 ,499 . 12 1780 Continental Tele . Co. of the West 613 . 20 1781 DEMCO 372 . 45 1782 Div. of Aero. & Public Trans . 364 . 10 1783 Doubleday & Company, Inc . 176 . 76 1784 Gem Supply Cooperative , Inc. 604 . 35 1785 Gordon' s Books , Inc . 15 . 35 1786 H & W Plumbing and Electric 43 . 18 1787 H. Lukecart 's Repair 435 . 89 1788 Idaho First National Bank 416 . 52 1789 Idaho Power Company 3 ,980 . 94 1790 INGRAM 75 . 38 No. 1791 Jerry ' s $ 25 . 00 1792 Kowallis and Richards , Inc . 33 . 47 1793 Lake Shore Disposal 75 . 00 1794 Long Valley Farm Service 885 . 07 1795 Mark' s Chevron Service 93 . 60 1796 May Hardware , Inc . 178. 92 1797 McCall Appliance Repair 37 . 05 1798 McCall Fire Dept . 21. 75 1799 McCall Office & Home Appliance 3 . 00 1800 McCall Senior Citizens 9 . 90 1801 McCall Texaco 21. 00 1802 Medley Sports 1 . 15 1803 PIen' s Wardrobe 5 . 70 1804 NORCO 30 . 09 1805 Void Void 1806 Payette Lakes Lumber Co. , Inc . 96 . 33 1807 Quality Paperback Book Club , Inc. 33. 49 1808 Ron' s Shell Service 6 . 75 1809 Shaver' s 34 . 73 1810 Snowbird Laundry and Dry Cleaning 94 . 25 1811 Sonny ' s Tire Service 75 . 05 1812 Sports Marina 6 . 35 1813 Stans Auto Parts 289 . 70 1814 Star-News 97. 80 1815 Steve Regan Co. 319 . 60 1816 Time/Life Books 14 . 58 1817 Troy Ldy. & Dry Cleaning 12 . 90 1818 Union Oil Co. of Calif. 29 . 76 1819 Valley County Sheriffs Office 24 . 85 1820 Western Auto . 99 1821 Western Equipment Company 691. 40 1822 Western Equipment Company 1, 324 . 38 1823 Publishers Central Bureau 18 . 49 Following the reading of the bills , it was moved by HARDY and seconded by •WARD that the bills be approved and ordered paid. Upon vote WARD, LUTES, HARDY and LYONS voted AYE. Motion car- ried unanimously. a.m. Mayor EVA S declared the meeting adjouned at 12 : 20 Cp .m.) until Monday, anuar 81, at 7 : 00 p .m. 101526Y -or C er 0� ' JANUARY 5 , 1981 McCall City Council met in regular session Monday , January 5 , 1981, at 7 : 00 p.m. Mayor EVANS presiding. The following members were present : LUTES, LYONS , HARDY and WARD. Minutes of the meeting of December 1, 1980 , were read and the following corrections made : (1) Time of adjournment should read 12 : 20 a.m. (2 ) The motion pertaining to proposed Ordi- nance No. 414 should delete the words "introduced and" as this ordinance was introduced at the October 27 , 1980 , meeting , and ( 3) Hardy ' s motion regarding the Librarian on page 129 should read "to accept Martha Chitwood ' s resignation with regret and to hire Sophie Howard as Librarian for McCall Public ..,� Library effective December 15 , 1980 , at present Librarian' s wage" . The minutes were approved as corrected. In response to Attorney Remaklus ' December 1, 1980 , recom- mendation that J.U. B. Engineers be invited to attend a Council meeting and explain development of the Facilities Plait for the sewer lagoons , J . U. B. Engineer' s representatives in attendance were Sumner Johnson, P. E. , Board Chairman , Harold Cox, P .E. , Vice President , Kirby Vickers , P.E. , Designer of treatment facility , and George Wagner, P. E. , Project Engineer. Vickers presented various facts and figures regarding design of the lagoon, performance of the plant , items infl-Ltencing flow, and the importance of the discharge quality . After answering questions from the floor, Sumner Johnson closed with a sum- mation statement saying that he had sensed a panic atmosphere