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HomeMy Public PortalAboutCouncil Minutes 1981 Jan-DecNo. 1791 Jerry's 1792 Kowallis and Richards, Inc. 1793 Lake Shore Disposal 1794 Long Valley Farm Service 1795 Mark's Chevron Service 1796 May Hardware, Inc. 1797 McCall Appliance Repair 1798 McCall Fire Dept. 1799 McCall Office & Home Appliance 1800 McCall Senior Citizens 1801 McCall Texaco 1802 Medley Sports 1803 Ken's Wardrobe 1804 NORCO 1805 Void 1806 Payette Lakes Lumber Co., Inc. 1807 Quality Paperback Book Club, In 1808 Ron's Shell Service 1809 Shaver's 1810 Snowbird Laundry and Dry Cleani 1811 Sonny's Tire Service 1812 Sports Marina 1813 Stans Auto Parts 1814 Star -News 1815 Steve Regan Co. 1816 Time/Life Books 1817 Troy Ldy. & Dry Cleaning 1818 Union Oil Co. of Calif. 1819 Valley County Sheriffs Office 1820 Western Auto 1821 Western Equipment Company 1822 Western Equipment Company 1823 Publishers Central Bureau $ 25.0o 33.47 75.00 885.o7 93.60 178.92 37.05 21.75 3.0o 9.90 21.00 1.15 5.70 30.09 Void 96.33 c. 33.49 6.75 34.73 ng 94.25 75.o5 6.35 289.70 97.8o 319.6o 14.58 12.90 29.76 24.85 .99 691.40 1,324.38 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 t..m.)until Monday"; anuar�s�t; 81, at 7 : 00 p.m. or 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 Plantf or 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 fi:_gures regarding design of the lagoon, performance of the plant, items inflLtencing 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 that he sees no reason for. The exact useage of capacity can- not be predicted. If capacity is used up in fifteen years it isn't all bad because the area had the growth, the economy'c been good, and there's been more people to pay off the bonds at a lower monthly rate. However, if the system designed for twenty years doesn't fill for thirty yearn, it indicates young people have had no jobs so left the community and those few left had to pay the bill and the rates have had to be considerably higher. One can't predict what a piece of equip- ment is going to do in the varied climates it's installed. If McCall gets to 2,000,000 gallon flow a day but the organic load in the stream is down, it is possible to get the Discharge Permit altered. The EPA is concerned with what is going into the stream. The lagoon system is a complicated maze of condi- tions and what you, as a group, need to do is use common sense and develope a program that meets your needs. Vickers closed by stating that, if something does have to be done to increase the capacity of the lagoon, there are many alternatives avail- able to do exactly that. At the December 16, 1980, McCall Planning and Zoning Commission meeting the Commission recommended to the City Council approval ofthe Hard Plat for the Village Condominiums, 24 units, pre- sented by Idaho Land Developers. It was moved by HARDY and seconded by WARD to approve the Hard Plat of the Village Condominiums and authorize the Clerk to sign same for City Council subject to the review of the common area declaration by Attorney Remaklus. Upon vote WARD, HARDY, LUTES and LYONS voted AYE. Motion carried unanimously. There was a motion approved at the December 16, 1980, P & Z meeting to send the following Recommended Plan of Action to the City Council and recommend that the Council take appro- priate action to implement the plan: 1. That the City obtain an independent engineering consulting firm's assessment of the figures used in J.U.B.'s Facilities Plan study to determine if their estimates should be used as is or raised in establishing how many sewer hook-ups remain avail- able within the city, or that the City accept the figures used in the J.U.a study. 2. That the City adopt some temporary figure repre- senting the number of remaining available hook-ups, if any; that this number be adjusted sometime during the summer when more accurate estimates of inflow and infiltration can be made from measuring devices during peak use and infiltration periods, and that a priority allocation system be adopted to approve remaining available connection permits. 3. That the City adopt an annual system if it is found that several years of growth can be accommodated by existing and planned sewer facilities. 4. That the City determine exactly what kinds of improve- ments will be needed in the future, create amonetary formula, and increase its' sewer connection fee to reflect inflationary rates and direct costs to the City, and earmark some percentage of this fee to making future improvements to the existing and planned sewer facilities. 5. That the City consider earmarking other money collected to help improve roads and the City water system in the future. 6. That the City alter its' policy regarding sewer and possibly water connection fees to reflect the number of units involved in the connection. Following the reading of the Plan of Action, Mayor Evans explained that a number of things requested by P & Z Commission are already in the mill. Attorney Remaklus remarked that, because of the urgency of determining how much of the lagoon system is being used by the City so far and what will be available for the Sewer District, he has been directed to contact the contractor and advise him that, if he does not correct his deficiency in the sewer lagoon metering equipment, the Sewer District will employ qualified personnel to do so with charges for such work to go to the contractor. Attorney McALISTER read in full a proposed ordinance relating to Amusement Devices, providing for license fees, and to properly address them in the City Code. After discussion on changes desired, it was the consensus of the Council that this ordinance be held for revision and presented to the Council at their February meeting. Attorney REMAKLUS presented proposed Ordinance No. 418, an ordinance relating to water connection fees. He commented that the ordinance provides for a hookup fee for each unit in a multi -dwelling structure but does not address formation or establishment of a capital improvement fund - capital improvement funds must be established by ordinance. The Ordinance was read at lerg h by REMAKLUS. HARDY introduced and moved adoption of proposed Ordinance No. 418, AN ORDI- NANCE RELATING TO WATER CONNECTION FEES; AMENDING CHAPTER 1 OF TITLE VIII OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION OF A NEW SECTION 8-1-52 TO PROVIDE THAT A SEPARATE STANDARD SERVICE CONNECTION FEE OF S250.00 SHALL BE PAID FOR EACH FAMILY DWELLING UNIT IN ANY AND ALL MULTIPLE FAMILY DWELLING STRUCTURES. It was moved by LUTES and seconded by LYONS to suspend the rules for passage of proposed Ordinance No. 418 and upon vote was carried unanimously. WARD seconded the motion to adopt proposed Ordinance No. 418 and upon vote LYONS, WARD, HARDY and LUTES voted AYE. Ordinance No. 418 was duly adopted. Proposed Ordinance No. 419, an ordinance relating to sewer connection fees, was read in full by Attorney REMAKLUS. WARD introduced and moved adoption of proposed Ordinance No. 419, AN ORDINANCE RELATING TO SEWER CONNECTION FEES: AMENDING CHAPTER 4 OF TITLE VIII OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION OF A NEW SECTION 8-4-6 TO PROVIDE THAT A SEWER CONNECTION FEE OF S150.00 SHALL BE PAID FOR EACH FAMILY DWELLING UNIT IN ANY AND ALL MULTIPLE FAMILY DWELLING STRUCTURES. It was moved by LUTES and seconded by HARDY to suspend the rules for passage of proposed Ordinance No. 419 and upon vote was carried unanimously. LYONS seconded the motion to adopt proposed Ordinance No. 419 and upon vote LUTES, WARD, HARDY and LYONS voted AYE. Motion carried unan- imously. Ordinance No. 419 was duly adopted. REMAKLUS will research the restrictive use of the capital improvement funds and the procedure for setting up such reserve funds. Mayor EVANS read at length a Fee Agreement for legal services to Planning and Zoning Commissions from Attorneys Robert H. Remaklus and Stanley A. McAlister. This agreement sets forth fee arrangements for their firms legal services to the McCall Planning and Zoning Commission and the McCall Area of City Impact Planning and Zoning Commission based on the rate of $40.00 per hour for November and $50.00 per hour for December, 1980, and setting forth other costs or fees which would be charged the City. Mayor EVANS reviewed the Statement of Accounts submitted for each commission. The Statement of Accounts revealed that a number of persons were going to the City Attorneys for advice that was in turn being charged to the City. It was the consensus of the Council that the people seeking answers should obtain their own legal counsel. After discussion, it was moved by HARDY and seconded by LUTES to approve the Fee Agreement for Legal Services to Planning and Zoning Commissions with Robert H. Remaklus and Stanley A. McAlister dated January 5, 1981, and authorize the Mayor and Clerk to execute same. Upon vote LUTES, HARDY, LYONS and WARD voted AYE. Motion carried unanimously. REMAKLUS reported that he had talked with Pittenger regarding the status of the County road within the Union Pacific Rail- road property in the vicinity of the old dump but that he still did not know whether or not the County has a right of way through there. REMAKLUS recommended that the City postpone terminating the Agreement with Union Pacific Railroad until Pittenger comes up with some recommendation. It was pointed out by Remaklus that this is a case where we're researching a County problem which should not be paid for by the City and advised the Mayor to take this problem to the County Commissioners. REMAKLUS approved the Idaho Power Company Municipal Street Lighting Service Contract but recommended the City obtain an updated map of light locations and installation_ dates before signing the agreement. Such map has been requested a number of times but has not been forthcoming. REMAKLUS reported on his findings regarding the posting of bonds by developers to assure its development as approved. There appears to be no way of requiring a bond to complete private portions of a development. REMAKLUS will research in detail for some such authority. There are bond require- ments for improvements that would become public such as sewer, water and/or streets. WARD reported that in talking with John Drips, Golf Pro, he was receptive to the review of his contract on the facilities and a possible amendment due to the inflation factor. HARDY set dates of Wednesday, January 14, 1981, at 7:30 p.m. at the City Hall for an Airport Master Plan informational meeting for the City Council, Airport Advisory Board, Airport Review Board and Smith & Kangas Engineers and Monday, Jan- uary 19, 1981, at 7:30 p.m. at the City Hall for the General Public Informational Meeting on the Airport Development Plan. Judy deReus inquired as to when the McCall Planning and Zoning Commission could expect the information requested of the City Council. There was discussion regarding water and sewer hookups and the capacity of the lagoon. Question was asked as to what the capital improvement funds can be set aside for. Answers were not available pending receipt of research material. REMAKLUS informed the Council that Attorney Killan had sent him a letter and a proposed draft Resolution for the City of McCall with respect to the disclaimer on Mr. Hartungs Lot 3, Block 8, Davis Beach Tracts. Hartung owns the property abut- ting the City's parking lot at the Golf Course Clubhouse and he wants confirmation that the City is not over on him ten (10) feet on the West. REMAKLUS read the Resolution in full and stated he could see no objection to the Resolution. It was moved by HARDY and seconded by LYONS to adopt the following Resolution and authorize the Mayor and Clerk to execute same: RESOLUTION/CITY OF McCALL Valley County, Idaho WHEREAS, the City of McCall (CITY) owns certain real property in a Subdivision known as DAVIS BEACH TRACTS, inclu- ding among other holdings, Lots 1 and 2, Block 8, of such Subdivision, and WHEREAS, the landowner of record abutting to the East of said Lots is ALFRED JACK HARTUNG, said party being the record owner of Lot 3, Block 8, DAVIS BEACH TRACTS, and WHEREAS, HARTUNG is desirous of confirming and clarifying the status of his title in Lot 3 vis-a-vis any adverse claims potentially arising from the City's ownership, use and posses- sion of their lots abutting to the West, and WHEREAS, the CITY, following consultation with its attorney, an inspection of the premises and their common boundary by the Mayor, and due consideration by the Council, has concluded that it has no claim of ownership or interest in any portion of said Lot 3 superior or adverse to HARTUNG, and is desirous of confirming their disclaimer as a matter of record, NOW, THEREFORE, upon motion, second, and following due discussion thereof, IT IS HEREBY RESOLVED that: The City of McCall, Valley County, Idaho, pursuant to the authority vested in it by law, hereby expressly disclaims any and all interest or claim of ownership in or to the following realty, situate in Valley County, Idaho, to wit: All of Lot 3, Block 8, DAVIS BEACH TRACTS, as platted and filed for record with the Valley County Recorder's Office, Cascade, Idaho, together with all appurtenances thereto. DATED this 5th day of January, 1981. (SEAL) ATTEST: /s/ Margaret Fogg Margaret Fogg, City Clerk BY /s/ Bill A. Evans Bill Evans, Mayor Upon vote LYONS, HARDY, LUTES and WARD voted AYE. The Resolution was adopted. Mayor EVANS informed the Council that he had received a letter of resignation from Mac Eld from the McCall Planning and Zoning Commission. It was moved by LUTES and seconded by HARDY to accept Mac Eld's resignation from the McCall Planning and Zoning Com- mission effective January 1, 1981. Upon vote motion carried unanimously. Mayor told the Council that the Police Department had been advised by letter from Valley County Sheriff, M. B. Shepherd, that they would no longer require their department to pay any jail days before arraignment of prisoners. Mayor EVANS advised the Council that a Class III Water Pollution Control Plant Operator has been hired. The operator has noti- fied his employer in Washington and will be here no later than February 2, 1981. In the meantime, Ivan Day will be supervisor of the plant operation. The State Health Department has been advised of our progress. A letter written to the Payette Lakes Water and Sewer District dated January 5, 1981 advising them of the City's hiring of a Plant Operator and requesting that the Payette Lakes Water & Sewer District relinquish and/all operational control of the treatment facility to the City of McCall was read at length. Mayor EVANS advised the Council the letter was approved by the PLW&SD this date. Cablevision of McCall, Inc., a subsidiary of Harmon and Company, Inc. has unconditionally accepted the Cable Television Franchise granted them by Ordinance No. 414, adopted December 1, 1980. Such notification was received December 14, 1980. An Application for Beer License, to be consumed on the pre- mises, for Dr. Mason Wilkins by Claire A. Snider to be sold at the Old Cellar Bar was presented. It was moved by LYONS and seconded by WARD to approve and grant the Beer License for the Old Cellar Bar subject to the presentation of their State and County licenses. Upon vote motion carried unani- mously. The Clerk had received a request from Jim Hetherington, State Department of Aeronautics, for the City to pay the $450.00 owed the department for the Matador Courtesy Car. It was moved by HARDY and seconded by LYONS to authorize payment of $450.00 to the State Department of Aeronautics for the Matador Courtesy car. Upon vote LYONS, HARDY, WARD and LUTES voted AYE. Motion carried. An Audit Proposal dated November 20, 1980, from Rife, Przybylski, & Lamm for the FY 1980/81 for a fee not to exceed $2,000.00 was read in full. It was the Clerk and Bookkeeper's recommendation that this proposal be give favorable consideration. It was moved by LUTES and seconded by HARDY to accept RIFE, PRZYBYLSKI, & LAMM'S audit proposal for FY 1980/81 and authorize the Mayor and Clerk to sign the letter of agreement. Upon vote HARDY, WARD, LYONS and LUTES voted AYE. Motion carried unanimously. The following bills were read for payment: No. 1824 Donald R. Broughton 1825 Hugh H. Cooke 1826 Robert S. Dodge 1827 Raymond W. Earls 1828 John L. Lyon 1829 Larry S. Olson 1830 Roger W. Rockwell 1831 Terry Sharp 1832 Donald B. Van Cleave 1833 Postmaster 1834 Idaho First National Bank 1835 Treasure Valley Bank 1836 Roger D. Bates 1837 Sandra K. Bates 1838 Donald R. Broughton 1839 Mabel Burgess 184o Gloria L. Cantrell 1841 Joye S. Catlin 1842 Larry Chalfant 1843 Martha Sara Chitwood 1844 Hugh H. Cooke 1845 James F. Creech 1846 John B. Drips 1847 Raymond W. Earls 1848 Bill A. Evans 1849 Debbie Fereday 1850 Donald L. Fitzwater 1851 Margaret E. Fogg 1852 James W. Hardy 1853 Sophie T. Howard 1854 Jack E. Latham 1855 Maria C. Lisowski 1856 Clifford Lutes 1857 John L. Lyon 1858 James R. Lyons 1859 Jose L. Olano 1860 Larry S. Olson 1861 Richard T. Remaklus 1862 Robert H. Remaklus 1863 Kay L. Rhodes 1864 Roger W. Rockwell 1865 Laura L. Rupe 1866 W.O.J. Seetin 1867 W.O.J. Seetin 1868 Mary E. Sharp 1869 Terry A. Sharp 1870 David B. Smith 1871 Donald B. Van Cleave 1872 Ernest E. Ward 1873 Ernest H. Woods 1874 State Social Security Administra. 1875 Idaho First National Bank 1876 State of Idaho Tax Commission 1877 Public Employee Retirement Sys. 1878 Association of Idaho Cities 1879 Amer. Family Life Assur. Co. 1880 Postmaster 1881 Terry Sharp - Water Clerk 1882 Idaho First National Bank $ 250.00 200.00 84.40 250.00 250.00 250.00 250.00 200.00 250.00 30.00 1,000.00 136,245.42 742.69 708.46 657.25 13.24 356.44 632.11 1,083.10 644.42 660.70 83.78 668.91 508.69 83.79 46.82 76.11 787.34 66.90 536.32 338.46 443.77 66.90 979.52 66.90 88.71 791.80 848.91 561.56 42.24 657.25 439.86 1,291.97 235.17 458.43 318.41 1,061.17 644.61 66.90 107.81 3,449.69 3,699.80 1,023.50 3,841.80 1,451.25 29.30 105.50 21.40 3,938.09 No. 1883 Idaho First National Bank $ 2,334.05 1884 Postmaster 45.00 1885 Idaho First National Bank 6,450.00 1886 McCall Police Department 23.38 1887 Maury Ainger 24.00 1888 Rick Bollar 12.00 1889 Ron Bowling 15.50 1890 Tom Chaloupka 15.50 1891 Dan Cochran 20.50 1892 Dempsey Eddins 24.00 1893 Martin FitzGerald 14.00 1894 Don Fitzwater 29.00 1895 Bill Florence 15.50 1896 Tom French 7.00 1897 Dan Gray 12.00 1898 Bill Haworth 17.00 1899 Glen Jackson 22.00 1900 Jack Katzenberger 15.50 1901 Jim Madden 54.00 1902 Ken Medley 5.00 1903 1 Dave Smith 24.00 1904 Russ Smith 15.00 1905 Harry Stathis 10.00 1906 Skip Taylor 10.50 1907 Dana West 24.00 1908 Ernie Woods 5.00 1909 Sandra Bates 43.12 1910 The Art Mart, Inc. 8.76 1911 Barnes & Noble Bookstores, Inc. 120.28 1912 The Bobbs Merrill Company, Inc. 28.80 1913 Brown's Industries, McCall Division 144.26 1914 Brundage Office Supply 21.15 1915 Cambridge Litho 114.00 1916 The Caxton Printers, Ltd. 12.13 1917 Century Laboratories 213.00 1918 Certified Laboratories 280.92 1919 Chevron U.S.A. Inc. 1,721.82 1920 Consolidated Supply Co. 47.09 1921 Continental Tel. Co. of the West 561.23 1922 Division of Aeronautics 246.57 1923 Doubleday & Company, Inc. 582.43 1924 Electronic Enterprises 216.70 1925 GEO 36.00 1926 Gaylord Bros., Inc. 56.56 1927 Gordon's Books, Inc. 135•.07 1928 Great Western Chemical Company 135.00 1929 H & W Plumbing and Electric 15.42 1930 H. Lukecart's Repair 33.23 1931 The Highsmith Co., Inc. 447.86 1932 Ingram 12.87 1933 International Business Machines Corp.907.50 1934 Idaho First National Bank 416.52 1935 Idaho Power Company 4,540.22 1936 Jerry's 25.00 1937 Lake Shore Disposal 75.00 1938 Mark's Chevron Service 37.10 1939 May Hardware, Inc. 80.06 1940 Medley Sports 13.40 1941 The Merc 52.79 1942 Merlin Cornwell 317.00 1943 McCall Appliance Repair 187.07 1944 McCall Office & Home Appliance 980.70 1945 McCall Rental & Sales 39.00 1946 McCall Rexall Drug 51.06 1947 Payette Lakes Lumber Co., Inc. 993.28 1948 Precision Sharpening 3.70 1949 Mountain Title Co. 50.00 1950 National Golf Foundation 70.00 1951 Norco 64.70 1952 OSC Data 358.72 1953 Pioneer Enterprises 20.01 1954 Quality Paperback Book Club, Inc. 41.98 1955 Robert H. Remaklus, Lawyer, P.A. 1,356.00 1956 Richard Carothers Associates, P.S. 1,084.12 1957 Ron's Shell Service 46.75 1958 Rowland Bros. 5.50 No. 1959 Sachs Lawlor 1960 Safeco Insurance Companies 1961 Silver Burdett Company 1962 Smith & Kangas Engineers, Inc. 1963 Sonnys Tire Serv. & Auto Parts 1964 Sports Marina 1965 Stan's Auto Parts 1966 Star -News 1967 State of Idaho -Dept. of Employ. 1968 Syms York Co. 1969 Time/Life Books 1970 Troy Ldy. & Dry Cleaning 1971 U. S. News & World Report 1972 Union Oil Company of Calif. 1973 Recorder, Valley County 1974 Vicco Plumbing 1975 Shaver's 1977 Western Equipment Company 1976 Water & Waste Water Equip. Co. 1978 William A. Kirk Agency Inc. 1979 Williamsen 1980 Acheson Motors 1981 Action Express, Inc. 1982 Roy L. Griffith 1983 Idaho Transportation Department 1984 J.W. Crlitcher, Auditor & Recorder $ 96.55 34.00 19.29 2,153.40 187.42 19.90 260.01 144.48 161.97 14.30 8.53 12.90 15.00 14.00 417.60 69.20 19.52 1,324.38 193.15 4,650.00 27.00 425.00 34.60 127.00 450.00 4.00 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 LYONS, HARDY, WARD and LUTES voted AYE. Motion carried. LYONS mentioned that the garbage can on East side of Shaver's was in very bad shape. If it cannot be salvaged, it should be moved out. Seetin is to check on the container. Mayor EVANS adjourned the meeting at 11:15 p.m. until Monday, Feb 2, at ayor FEBRUARY 2, 1981 McCall City Council met in regular session Monday, February 23 1981. Mayor EVANS presiding. Councilmen present were: LYONS, WARD, LUTES and HARDY. The minutes of the January 5, 1981, meeting were read and approved as read. Mayor EVANS reviewed his letter of February 2, 1981, to the Payette Lakes Water & Sewer District giving a detailed listing of present, approved and paid, and approved but not paid sewer hookups within the City limits and outside the City limits but not within the Payette Lakes Water & Sewer District areas. After discussion, it was the consensus of the Council that figures from the treatment facility are not conclusive enough to be able to advise the Planning and Zoning Commission regard- ing sewer hookups available. Flow measurements over the next several months should provide information to determine more accurately remaining capacity of the treatment facility. Mayor announced that the Sewer Treatment Facility Plant Opera- tor was employed as of February 2, 1981. He is presently taking inventory of the facility to determine items needed that have not been provided either by contract or not included in the contract. Attorney Remaklus read at length proposed Ordinance No. 420, an ordinance relating to Amusement Devices. Following discus- sion, HARDY introduced and moved the adoption of proposed /4 0 Ordinance No. 420, AN ORDINANCE OF THE CITY OF McCALLp IDAHO RELATING TO AMUSEMENT DEVICES; AMENDING TITLE IV OF THE VILLAGE CODE OF McCALL, IDAHO BY THE ADDITION THERETO OF A NEW CHAP- TER 10; PROVIDING FOR DEFINITION OF TERMS; PROVIDING FOR LICENSE EXCEPTIONS, PROHIBITING GAMBLING DEVICES; REQUIRING A LICENSE FOR AMUSEMENT DEVICES; PROVIDING FOR APPLICATIONS THEREFOR; PROVIDING FOR LICENSE TERM, RENEWAL AND THE FEE THEREFOR; PRO- VIDING FOR REVOCATION OF LICENSES; PROVIDING FOR VIOLATIONS OF THIS ORDINANCE AND PENALTIES THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. It was moved by LYONS and seconded by WARD to suspend the rules for passage of proposed Ordinance No. 420 and upon vote carried unanimously. LUTES seconded the motion to adopt proposed Ordinance No. 420 and upon vote WARD, LUTES, HARDY and LYONS voted AYE. Ordinance No. 420 was duly adopted. There are some pool tables in various establishments that are not coin operated. Attorney REMAKLUS is to review the Pool and Billiards Ordinance to see if it covers these machines. REMAKLUS explained that, in his opinion, there was a discrep- ancy between Section 8-4-5 of the City Code and the new Section 8-4-6 in Ordinance No. 419. In order to clarify this, he presented proposed Ordinance No. 421, an ordinance relating to sewer connection fees, which was read in full. HARDY intro- duced and moved adoption of proposed Ordinance No. 421, AN ORDINANCE RELATING TO SEWER CONNECTIONS; REPEALING SECTION 8-4-5 OF THE VILLAGE CODE OF McCALL, IDAHO, AND ORDINANCE NO. 419 OF THE CITY OF McCALL, IDAHO, PASSED AND APPROVED THE 5th DAY OF JANUARY, 1981; AMENDING CHAPTER 4 OF TITLE VIII OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION OF A NEW SECTION 8-4-5 REQUIRING A PERMIT TO CONNECT TO THE CITY SEWER SYSTEM; ESTABLISHING FEES FOR SINGLE AND MULTIPLE USE OR OCCUPANCY CONNECTIONS; PROVIDING THAT SUCH CONNECTIONS SHALL BE MADE UNDER THE SUPERVISION OF THE WATER MASTER; PRO- VIDING THAT SUCH CONNECTIONS SHALL NOT BE COVERED UNTIL INSPECTED AND APPROVED BY THE WATER MASTER; AND PROVIDING FOR DISPOSITION OF FUNDS; AMENDING CHAPTER 4 OF TITLE VIII OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION THERETO OF A NEW SECTION 8-4-6 TO PROVIDE THAT NO SEWER CONNECTION PERMIT SHALL BE ISSUED UNTIL A BUILDING PERMIT HAS BEEN OBTAINED AND PAID FOR TO COVER ALL PREMISES TO BE SERVED BY SUCH SEWER CONNECTION PERMIT; AMENDING CHAPTER 4 OF TITLE VIII OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION OF A NEW SECTION 8-4-7 PROVIDING THAT SEWER CONNECTION PERMITS ARE NON- TRANSFERRABLE AND REQUIRING THE PLACE OF THE INTENDED SEWER CONNECTION TO BE ENDORSED UPON SUCH SEWER PERMIT; AND AMENDING CHAPTER 4 OF TITLE VIII OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION OF A NEW SECTION 8-4-8; PROVIDING FOR THE DURATION OF SEWER CONNECTION PERMITS AND PROVIDING FOR REFUNDS UNDER CERTAIN CONDITIONS. It was moved by LUTES and seconded by WARD to suspend the rules for passage of proposed Ordinance No. 421 and upon vote carried unanimously. LYONS seconded the motion to adopt proposed Ordinance No. 421 and upon vote LUTES, HARDY, WARD and LYONS voted AYE. Ordinance No. 421 was duly adopted. REMAKLUS read at length proposed Ordinance No. 422, an ordinance relating to building permits. LUTES introduced and moved adoption of proposed Ordinance No. 422, AN ORDINANCE RELATING TO BUILDING PERMITS; AMENDING CHAPTER 1 OF TITLE II OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION THERETO OF A NEW SECTION 2-1-14A, PROVIDING THAT NO BUILDING PERMIT SHALL BE ISSUED UNDER THE PROVISIONS OF THIS CHAPTER UNLESSISSUED SIMULTANEOUSLY WITH THE ISSUANCE OF SEWER AND WATER CONNECTION PERMITS FOR THE SAME PREMISES. It was moved by HARDY and seconded by WARD to suspend the rules for passage of proposed Ordinance No. 422 and upon vote was carried unanimously. LYONS seconded the motion to adopt proposed Ordinance No. 422 and upon vote WARD, HARDY, LUTES, and LYONS voted AYE. Ordinance No. 422 was duly adopted. Mayor EVANS inquired regarding an Ordinance relating to a Fire Warning System requirement and Remaklus explained it was being prepared. The Council was informed that a Summons had been served on the City of McCall, naming the plaintiffs as Burton and Bette Walker, regarding a land trade Walker maintains was agreed upon in 1978. It was moved by HARDY and seconded by LUTES that the City Attorney, Robert Remaklus, be authorized to make appropriate appearances before the Court and answer charges made in the Walker complaint. Upon vote the motion was carried unanimously. Mayor EVANS asked regarding the City's responsibility in rela- tion to a house encroachment in Timberlost II. Attorney Remaklus said he would need to know when inspections were made and if they were made at the proper time in order to determine our position. Idaho Power Company has now provided the Exhibit A, street light- ing listing. Remaklus stated that the contract was a standard contract and was in order. It was moved by HARDY and seconded by LYONS to instruct the Mayor and Clerk to execute the Idaho Power Company Municipal Street Lighting Service Agreement dated as of this date. Upon vote LYONS, HARDY, LUTES and WARD voted AYE. Motion carried. Mayor reported that copies of a draft of the proposed Airport Zoning Ordinance was received from Smith and Kangas and had been given to the Planning and Zoning Commissions for study and recommendations to the Council. Copies of the Practice and Procedure Rules and Regulations are to be provided each Councilman for study and comments at our March meeting. HARDY reported on the public hearing on the Airport Master Plan, stating there would be only minor changes to the plan as pre- sented at the hearing. The Council was told that Smith and Kangas would have a final draft ready for the March 2nd meeting. It was moved by LUTES and seconded by HARDY to confirm the Clerk's polling of the Board on Friday, January 23, 1981, regarding the Governor's meeting with City and County officials on Monday, January 26, 1981, at Cascade Court House. Upon vote motion carried. Mayor EVANS reported he had notified officials of the Wycap Board that Ernest Ward was appointed Council member to serve on that Board at the February 4, 1980, meeting. WARD reported on the Golf Course and said that Drips agreed to need for amendments to the Golf Course Agreement. These should be made not later than the April meeting. Attorney REMAKLUS reported that he had reviewed the Village Condominiums Declaration of Covenants, Conditions and Restric- tions and found them to be in order and so notified the Clerk in order that the Hard Plat of the Village Condominiums could be signed. HARDY informed the Council that the Library Board had made a recommendation to hire Gloria Cantrell as Assistant Librarian and increase her salary from $3.70 to $3.80 an hour. It was moved by HARDY and seconded by LUTES to approve the Library Board's recommendation of hiring Gloria Cantrell as Assistant Librarian at $3.80 an hour. Upon vote LUTES, HARDY, LYONS and WARD voted AYE. Motion carried. Another recommendation of the Library Board was that the Libra- rian hire one more staff member to bring their staff back up to five. This action was tabled pending the determination of whether or not a CETA employee could be moved up and be replaced by another CETA employee. HARDY reported the Airport Advisory Commission has recommended that Smith and Kangas Engineers be hired to prepare drawings of airport T-Hangars. After reading the proposal of Smith and Kangas Engineers dated November 12, 1980, it was moved by HARDY and seconded by Lutes to accept Smith and Kangas Engineers' proposal to prepare reproducible drawings for one or more airport T-Hangars and authorize payment of $1,000.00 for the work, payable at the time the drawings are delivered. Upon vote LUTES, HARDY, WARD and LYONS VOTED AYE• Motion carried. On January 21, 1981, the Clerk polled the Council members regard- ing the appointment of Mayor Bill Evans to be the City's repre- sentative to the Ida -Ore Regional Planning and Development Association in conformance with their reorganization. HARDY, LUTES and LYONS were in favor of the appointment. WARD was not contacted. It was moved by HARDY and seconded by LUTES to con- firm the Council's action of appointing Mayor Bill Evans as City's representative to the Ida -Ore Regional Planning and Development Association. Upon vote motion carried unanimously. An Idaho Liquor Catering Permit for BPOE #2569 Inc. to be used February 7, 1981, across from Old Dump area was presented. Permit had Chief Lyon's approval. It was moved by Lyons and seconded by LUTES to approve the February 7, 1981, Catering Permit for BPOE #2569 Inc. Upon vote motion carried unanimously. A list of City checks which have not been cashed was presented to be approved for cancellation. It was moved by LUTES and seconded by HARDY that the following checks be approved for cancellation and added back into the City's General Account: No. 631, Valley Pump & Equipment, $102.60; No. 1511, Howard Morgan, $10.00; No. 2489, Sargeant Sowell, Inc., S36,22; No. 5318, Hugh H, Cooke, $13.93; and No. 5921, Gary Richiusa, $7.00. Upon vote LUTES, LYONS, HARDY and WARD voted AYE. Motion carried. 'A decision regarding the returned checks of Sandra Trimble for $13.00, Refracted Energy for $20.00, D. L. Rossman for $10.00, A. Chandler for $16.00, and J. Durbin for $30.00 was tabled with instructions that the Clerk was to take further collection action. The following bills were read for payment: No. 1985 Donald R. Broughton 1986 Hugh H. Cooke 1987 Raymond W. Earls 1988 John L. Lyon 1989 Ralph R. Murray 1990 Larry S. Olson 1991 Roger W. Rockwell 1992 Terry A, Sharp 1993 Donald a Van Cleave 1994 Postmaster 1995 Postmaster 1996 Roger D. Bates 1997 Sandra K. Bates 1998 Donald R. Broughton 1999 Gloria L. Cantrell 2000 Joye S. Catlin 2001 Larry Chalfant 2002 Hugh H. Cooke 2003 James F. Creech 2004 John B. Drips 2005 Raymond W. Earls 2006 Bill A. Evans 2007 Deborah W. Fereday 2008 Donald L. Fitzwater 2009 Margaret E. Fogg 2010 James W. Hardy 2011 Sophie T. Howard 2012 Jack E. Latham 2013 Maria C. Lisowski 2014 Clifford Lutes 2015 John L. Lyon 2016 James R. Lyons 2017 Ralph R. Murray 2018 Larry S. Olson 2019 Richard T. Remaklus 2020 Robert H. Remaklus 2021 Kay L. Rhodes 2022 Roger W. Rockwell 2023 Laura L. Rupe 2024 W.O.J. Seetin 2025 W.O.J. Seetin 250.00 150.00 250.00 250.00 289.67 250.00 250.00 225.00 250.00 30.00 30.00 737,16 700.62 649.76 346.18 627.62 1,037.49 703.90 80.05 664.01 503.50 83.01 236.34 75.67 781.18 66.51 711.56 336.08 434.08 66.51 970.17 66.51 389.77 784.11 841.92 557.93 52.58 649.76 477.82 1,281.50 235.17 No. 2026 Mary E. Sharp 2027 Terry A. Sharp 2028 David B. Smith 2029 Dnnald B. Van Cleave 2030 Ernest E. Ward 2031 Ernest H. Woods 2032 State Auditor, State of Idaho State Social Security Admin. 2033 Idaho First National Bank 2034 State of Idaho Tax Commission 2035 Public Employee Retire. Sys. 2036 Association of Idaho Cities 2037 Amer. Family Life Assurance 2038 Postmaster 2039 Postmaster 2040 Terry Sharp - Water Clerk 2041 McCall Police Department 2042 Bill A. Evans 2043 Maury Ainger 2044 Rick Bollar 2045 Bill Botsford 2046 Ron Bowling 2047 Tom Chaloupka 2048 Dan Cochran 2049 Dempsey Eddins 2050 Martin FitzGerald 2051 Don Fitzwater 2052 Bill Florence 2053 Tom French 2054 Dan Gray 2055 Bill Haworth 2056 Glen Jackson 2057 Jack Katzenberger 2058 Jim Madden 2059 Ken Medley 2060 Dave Smith 2061 Russ Smith 2062 Harry Stathis 2063 Skip Taylor 2064 Dana West 2065 Sandra Bates 2066 Lyle Ackerman 2067 Jim Beaver 2068 Mike Coffey 2069 Mike FitzGerald 2070 Rick Freudenthal 2071 Dean Hovdey 2072 Mike Isola 2073 Chris Johnson 2074 Shawn Miller 2075 Mike Thomas 2076 Jack Seetin 2077 Acheson Motors 2078 The Art Mart, Inc. 2079 Badger Uniforms 2080 Bidall 2081 Boyd Martin Co. 2082 Brundage Office Supply 2083 Cal Gas - McCall 2084 Cambridge Litho 2085 Cascade Auto 2086 Chevron U.S.A. Inc. 2087 Chilton Book Co. 2088 Continental Tel Co. of the Wes 2089 Chris Scoles 2090 D.H.W. Bureau of Laboratories 2091 Daycoa, Inc. 2092 Doubleday & Company, Inc. 2093 Doubleday Book Club 2094 Eagle 2095 Gaylord 2096 Gordon's Books, Inc. 2097 Great Western Chemical Company 2098 H & W Plumbing and Electric 2099 H. Lukecart's Repair 2100 Hartung Electric $ 409,15 327.73 1,052.62 637.81 66.51 219.07 1,767.39 3,700.30 1,021.20 3,861.04 1,451.22 32.00 45.00 104.00 17.95 24.29 15.25 79.00 59.00 15.50 67.50 7.00 82.50 22.00 67.50 84.00 44.00 49.00 22.00 29.00 38.50 70.50 109.00 22.00 67.50 30.00 20.00 7.00 22.50 66.13 24.00 12.00 12.00 24.00 6.00 18.00 18.00 24.00 30.00 12.00 5.00 235.60 41.64 57.43 556.25 249.54 31.95 45.39 294.50 19.78 3,598.92 25.45 t 545.38 8.00 30.00 37.30 420.12 13.06 39.07 97.07 143.95 628.00 81.92 487.64 288.22 No. 2101 IBE Copy Products, Inc. $ 104.50 2102 Idaho First National Bank 416.52 2103 Idaho Power 4,682.94 2104 Idaho Sporting Goods Co. 68.60 2105 Ingram 582.84 2106 Jerry's 25.00 2107 Kaman Fluid Power 43.80 2108 Lake Shore Disposal 75.00 2109 M.J. Stone Co., Publisher 6.25 2110 May Hardware, Inc. 245.37 2111 McCall Appliance Repair 4.95 2112 McCall Rexall Drug 16.68 2113 Meadows Valley -McCall Vet. Clinics 9.45 2114 Men's Wardrobe 150.64 2115 The Merc 14.34 2116 Mining & Civil Engineering 30.00 2117 Norco 92.00 2118 OSC Data 215.60 2119 Pacific States 389.42 2120 Payette Lakes Lumber Co., Inc. 86.40 2121 Pendleton Farm & Garden Center 19.92 2122 Power Tool & Machinery Co. 6.80 2123 Quality Paperback Book Club, Inc. 29.72 2124 R. J. Birsic 12.67 2125 Richard Carothers Associates 1,509.81 2126 Rife, Wilson, and Przybylski 2,000.00 2127 Robert H. Remaklus, Lawyer,P.A. 1,178.36 2128 Rogers Machinery Company, Inc. 443.89 2129 Shaver's 7.69 2130 Sparling Division 152.67 2131 Smith & Kangas Engineers, Inc. 3,068.50 2132 Snowbird Laundry & Dry Cleaning 58.50 2133 Sonny's Tire Service & Auto Parts 103.35 2134 Sports Marina 132.55 2135 Stans Auto Parts 390.11 2136 Starline Equipment Company 12.50 2137 Star -News 101.46 2138 State of Idaho Bureau of Federal Surplus Prop. 14.20 2139 State of Idaho Department of Employment 686.62 2140 Sterling Codifiers Inc. 175.00 2141 Time/Life Books 14.58 2142 Troy Ldy. & Dry Cleaning 12.90 2143 USGA Golf House 50.00 2144 Union Oil Company of California 48.60 2145 Waterworks Equipment Company 166.69 2146 Water & Waste Water Equip. Co. 215.79 2147 Western Equipment Company 305.06 2148 Western Equipment Company 1,324.38 2149 Western Fire Equipment Co. 68.87 2150 Wilco Publishing Co. 65.55 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 LYONS, HARDY, LUTES and WARD voted AYE Motion carried. Mayor EVANS adjourne meeting at 9:23 p.m until Monday, Marc ►,, 1981 O p.m. ayor Cl MARCH 2, 1981 McCall City Council met in regular session Monday, March 2, 1981 at 7:00 p.m. Chairman HARDY presiding. Councilmen LYONS and LUTES present. Mayor EVANS and Councilman WARD was absent. Mayor EVANS was attending a meeting of the PLW&S District held at the High School and did arrive at the Council meeting at 8:30. The minutes of the February 2, 1981, were read and approved as read. HARDY presented Jakes's Landing Hard Plat for action explaining that at the February 3, 1981, meeting of the McCall Planning and Zoning Commission the Commission recommended that approval be given on the Final Plat of Jakes's Landing, a condominium project owned by Bill and Jo Ann Smith. It was moved by LUTES and seconded by LYONS to approve the Final Plat of Jake's Land- ing and authorize the Clerk to execute the plat contingent upon securing the signatures of the City Engineer and McCall Planning and Zoning Chairman on the plat and the City Attorney's approval of the Covenants. Upon vote the motion carried unanimously. Chairman HARDY called on Ralph Kangas of Smith and Kangas Engineers, Inc. for a report on the Airport Master Plan. Mr. Kangas presented the City with thirteen copies of both the final Master Plan and the Summary of the Master Plan and a cover letter explaining that copies were to go to the Mayor, each Councilman, City Clerk, Library, Airport Manager, and six (6) copies to the Technical Review Committee. He,also, had seven (7) Layout Prints for the Mayor's signature which would be hand -carried to the State for signatures and then sent to Seattle for F.A.A. signature's. These prints must be form- ally approved by the City and signed by the Mayor before receiving final approval from the State and F.A.A. One signed copy of the Layout Print is to be returned to the City. Mr. Kangas explained contents of both the Master Plan and the Sum- mary. He said the F.A.A. had requested one minor change in the Airport Layout Plan. Since the plan did not specify locations for future F.B.O.s the F.A.A. was concerned that it might represent a constraint of trade in not making this provision. Smith and Kangas have designated either the future Terminal area, if it is subsequently determined that a terminal is not required, or the area between the T-Hangars and the Forest Service fifteen -acre parcel. These revisions are denoted on the full size plans but are not in the Master Plan books. The Airport Layout Prints will bear the official approval signatures. The State and F.A.A. has agreed upon everything that the City of McCall has proposed and are waiting for the City to officially adopt the Master Plan to conclude McCall's effort on the pro- ject. It was explained that the Master Plan can be amended by hearing, if circurnt ances or conditions should warrant changes. Kangas recommended the City approve a Resolution adopting the Master Plan to be sent to F.A.A. and the State as a show of commitment to implement the plan. Following discussion, it was moved by LUTES and seconded by LYONS to adopt the McCall Airport Master Plan by Resolution and authorize the Mayor to sign the draft plans. Upon vote the motion carried unanimously. Hardy suggested that they proceed with the implementation of the McCall Airport Master Plan, which he assumed would include zoning ordinance, fee schedules and all pertinent information included in the Master Plan. It was moved by LYONS and seconded by LUTES to proceed with the implementation of the Airport Master Plan. Upon vote the motion carried unanimously. Kangas thanked the City of McCall for the excellent cooperation received while conducting the study and the Technical Review Committee, headed by Jim Hardy, for its tireless efforts in making sure that this Master Plan will be feasible and work- able for the City of McCall. Mr. Kangas requested a meeting of the Airport Technical Committee in order to proceed with the T-Hangar design work. HARDY is to schedule a meeting and notify Kangas. HARDY stated that the Airport Advisory Committee has some recommendations to the City Council for implementation of the Master Plan. Kangas also reported that he has the Airport Zoning Ordinance out for review and is ready to meet with the Joint Planning and Zoning Commis- sions to go over technical provisions of the ordinance so the Governing Boards can act. Chairman HARDY presented McCall Planning and Zoning Commission recommendations from their February 3, 1981 meeting: P & Z Commission recommended that a Special Use Permit be granted to John R. Haney, to allow him to convert the upper story of his garage at 1201 Boydstun Lane to a studio apart- ment. Minor changes will be made to the structure, such as an outside stairway entrance and a large picture window. It was moved by LUTES and seconded by LYONS to approve the Zoning Commission's recommendation of the Special Use Permit to John R. Haney to allow him to convert the upper story of his garage at 1201 Boydstun Lane to a studio apartment. Upon vote LUTES, LYONS and HARDY voted AYE. Motion carried. The Commission recommended that a Varience to the 80% lot width coverage requirement of the Shoreline Environ's District be granted to May Hardware, Inc. to allow them to construct additional retail space and parking on their lot at 309 Lake Street, which would have 100% width coverage. It was stated at the hearing, if they adhered to the 20% open space. they would have a 6' space between the buildings on one side, which would be a wind tunnel and trash collector. Because of the uniqueness of that particular site, it was moved by LUTES and seconded by LYONS to approve the Planning and Zoning recom- mendation of the Varience requested by May Hardware, Inc. allowing them to construct retail space and parking on their lot at 309 Lake Street which would have 100% lot width coverage. Upon vote, LYONS, LUTES and HARDY voted AYE. Motion carried. At the Planning and Zoning Commission's February 17, 1981, meeting, the Commission recommended approval of a Varience to residential setback requirements for C. L. Balding, allowing him to build a garage on his property at 606 Diamond Street, with a 1' setback from the side property line. In compliance with 3-24-4, the following was observed: 1. The McCall Code, Residential Zone Chapters were used in evaluating this request. 2. The Commission finds that the surrounding property is presently enjoying the same privileges as requested; and the conformation of this lot makes it difficult to locate the building in a different place; and the request is not in conflict with the public interest. It was moved by LYONS and seconded by LUTES to uphold the Planning and Zoning Commission's decision to grant C. L. Balding's Varience. Upon vote the motion carried unanimously. HARDY read the February 17, 1981, P & Z Commission's recommen- dation for denial of a request of Gerry and Capella Ikola to reclassify the zone of their property at 706 1st Street, from B Residential to C Commercial. In compliance with 3-24-4, the following was observed: 1. The McCall Code, Chapters on Commercial Zone, Supplementary Regulations and Amendment Procedures were used in evaluating this request. 2. The Commission's reasons against the change: The Residential B Zone is a good buffer between the A Residential and C Commercial; spot zoning is not a good precedent to be set; the lot , in this case, is too small for adequate development of a truly commer- cial nature; and the change would not be compatible to the public interest and surrounding property. No action was required. Council concurs with P & Z Commission. The Council noted the recommendation of the Planning and Zoning Commission regarding approval of an amendment to the McCall Code, Chapter 10. It was the consensus of the Council to set a public hearing date of April 6, 1981, for public imput. Udell raised a question as to changes that should be in the draft. HARDY informed Udell that the draft was in the process of being changed before publication. The provisions of the Surety Agreement between subdividers known as Ridgeview Subdivision and the City of McCall, Idaho, dated 13th day of November, 1979, was presented as having been complied with. Chairman HARDY read paragraph seven (7) of the Surety Agreement: "City agrees that upon satisfactory agreement of improvement listed herein in accordance with specifications and requirements of the City, the Surety will be returned and the City will be responsible for continuous maintenance of the improvements." He, also, read the note written by Mayor EVANS on the face of the Surety Agreement; "24 Feb. 81 -- Seetin says roads in Ridgeview Sub are satis- factory and provisions of Surety Agreement have been met." It was moved by LYONS and seconded by LUTES that the Surety Agree- ment be returned to Ridgeview Subdivision as provisions have been met. Upon vote, motion carried unanimously. McAlister presented proposed Ordinance No. 423, relating to Pool and Billiards, which was read at length. LUTES introduced and moved adoption of proposed Ordinance No. 423, AN ORDINANCE RELATING TO POOL AND BILLIARDS, REPEALING CHAPTER 4 OF TITLE IV OF THE VILLAGE CODE OF McCALL, IDAHO; AMENDING TITLE IV OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION THERETO OF A NEW CHAPTER 4 REQUIRING LICENSING OF POOL AND BILLIARD TABLES AND PROVIDING EXCEPTIONS; PROVIDING FOR APPLICATION FOR LICENSES AND CONTENTS THEREOF ; ESTABLISHING LICENSE TERMS AND FOR RENEWAL OF LICENSES AND FIXING FEES THEREFOR; PROVIDING FOR REVOCATION OF LICENSE AND PROCEDURES THEREFOR; AND PROVIDING PENALTIES. It was moved by LYONS and seconded by LUTES to suspend the rules for passage of proposed Ordinance No. 423 and upon vote carried unanimously. LYONS seconded the motion to adopt proposed Ordinance No. 423 and upon vote LUTES, LYONS and HARDY voted AYE. Ordinance No. 423 was duly adopted. Proposed Ordinance No. 424, relating to Building Permits, was read at length by Attorney McALISTER. LUTES introduced and moved adoption of proposed Ordinance No. 424, AN ORDINANCE RELATING TO BUILDING PERMITS, AMENDING SECTION 2-1-14 OF THE VILLAGE CODE OF McCALL, IDAHO, EXTENDING THE TIME FOR COMMENCE- MENT OF WORK AUTHORIZED BY A BUILDING PERMIT TO 120 DAYS. LYONS moved to suspend the rules for passage of proposed Ordinance No. 424, seconded by LUTES and upon vote carried unanimously. LYONS seconded the motion to adopt proposed Ordinance No. 424 and upon vote LUTES, LYONS and HARDY voted AYE. Ordinance No. 424 was duly adopted. Attorney McALISTER informed the Council that Mr. Nicholas would be taking depositions on the 10th day of March from the following people with regards to the Burton Walker Summons: James L. Schoenhut, Clyde Archer, Lee McDougal, Thomas W. Kerr, Cliff Lutes, James Hardy, and the City of McCall by William Evans, Mayor. He explained a deposition is sworn testimony under oath and you're examined just the way you would be on trial, somewhat more informal. There is no Judge present, only the attorneys and court recorder taking down the testi- mony. McALISTER reported on their findings in setting up Capital Improvement Funds. A Capital Improvement Fund is subject to the 1% law as far as property tax money is concerned. However, other revenue funds, such as sewer and water receipts, can be put into a Capital Improvement Fund, also, income from leased property, gifts and etc. However, it must be a separate fund with its purpose or use designated when established. REMAKLUS WAS told that a copy of a letter from Attorney Steven Millemann, who is representing Dean Hovdey and Patty Boydstun Hovdey, was delivered to the City's insurance agent, William Kirk, and that the local agent has notified the insurance company. LYONS suggested that a load of gravel be placed on the short cut road on 3rd and Park street. Council agreed with suggestion. Mayor EVANS briefed the Council on the Payette Lakes Water and Sewer District meeting which he had just attended. There were 75 to 100 people present. Things discussed pertinent to the City was a report from a special counselor engaged by the PLW&S District to audit the City records on sewer connections. The counselor, Mr. Gordon, previously had called the City Clerk regarding coming to the City offices to discuss with the Water Clerk and other people that had information pertinent to his investigation. He was here at 4:25 p.m. this date, March 2nd, 1981. Mr. Gordon wanted further information than obtained which was not readily available but could be furnished the next day. He said that was too late as he'd need the informa- tion by 5:00 that day. At the PLW&S District meeting Gordon came up with a figure of 88 additional connections since the 3rd of February. He used various figures, both from engineer's and City's figures, in his report to the PLW&S District. Following his report, a motion was made by the PLW&S Board to engage Mr. Gordon to investigate further and take any steps necessary, legal or otherwise, to insure the City did not take any of the capacity of the Lagoon system that was allocated to the Payette Lakes Water and Sewer District. Jerry Hart, member of PLW&SD Board, suggested and was appointed to meet with Mayor Evans the following day to determine what might be put together to satisfy the Sewer Board on actions to be taken. Sumner Johnson, J.U.B. Engineers Board Chairman, asked if the Mayor thought the City Council would be willing to set a moratorium on hookups of multiple dwellings but continue to approve single family and necessary small business in the commercial zone until such time as further information is available. Mayor felt the City would probably be willing to do anything that is reasonable to insure that the sewer is completed to everyone's satisfaction. In the meeting Dwayne Smith brought up the fact that the Sewer Board had authorized Chairman Clemmer to sign necessary documents to order the lift pumps for Interceptor B, Phase I. For some reason the Chairman had not signed the document. Mr. Smith also questioned a letter from E.P.A. stating if program was not on the way by the 16th of March that funds would likely be withdrawn. The Payette Lakes Water and Sewer District then took action to have things implemented by the date referred to by Mr. Smith. The City had received a letter from Intermountain Engineers concerning the power bill for the Sewage Treatment Plant. The letter regarding power was read in full. Remaklus is to research the bill, dates, and to whom we make payment. The Clerk informed the Council that Sterling Codifiers Incor- porated had informed the City by letter dated February 27, 1981, that, beginning March, 1981, the City would be charged $10.50 per page fee for Supplement Service. Following dis- cussion, it was the consensus of the Council that the City would have to continue using this service as there was no other codifier in the State. The following bills were read for payment: No. 2151 Donald R. Broughton 2152 Hugh H. Cooke 2153 Robert S. Dodge 2154 Raymond W. Earls 2155 John L. Lyon 2156 Larry S. Olson 2157 Roger W. Rockwell 2158 Terry A. Sharp 2159 Donald B. Van Cleave 2160 States Insurance Fund 2161 Idaho Transportation Dept 2162 Postmaster 2163 CH2M Hill 2164 Roger D. Bates 2165 Sandra D. Bates 2166 Donald R. Broughton 2167 Elaine Bustos 2168 Gloria L. Cantrell 2169 Joye S. Catlin 2170 Larry Chalfant 2171 Hugh H. Cooke 2172 James F. Creech 2173 Robert S. Dodge 2174 John B. Drips 2175 Raymond W. Earls 2176 Bill A. Evans 2177 Deborah W. Fereday 2178 Donald L. Fitzwater 2179 Margaret E. Fogg 2180 James W. Hardy $ 250.00 200.00 20.42 250.00 250.00 250.00 250.00 250.00 250.00 8,100.32 700.00 60.00 155.84 737.16 700.62 649.76 259.46 375.70 627.62 1,037.49 653.90 89.04 22.68 664.01 503.50 83.01 252.06 75.67 781.18 66.51 No. 2181 2182 2183 2184 2185 2186 2187 2188 2189 2190 2191 2192 2193 2194 2195 2196 2197 2198 2199 2200 2201 2202 2203 2204 2205 2206 2207 2208 2209 2210 2211 2212 2213 2214 2215 2216 2217 2218 2219 2220 2221 2222 2223 2224 2225 2226 2227 2228 2229 2230 2231 2232 2233 2234 2235 2236 2237 2238 2239 2240 2241 2242 2243 2244 2245 2246 2247 2248 2249 2250 2251 2252 2253 2254 2255 Sophie T. Howard Jack E. Latham John R. Lewinski Maria C. Lisowski Clifford Lutes John L. Lyon James R. Lyons Ralph R. Murray Larry S. Olson Richard T. Remaklus Robert H. Remaklus Kay L. Rhodes Roger W. Rockwell Laura L. Rupe W.O.J. Seetin W.O.J. Seetin Mary E. Sharp Terry A. Sharp David B. Smith Donald B. Van Cleave Ernest E. Ward Ernest H. Woods State of Idaho Auditor Idaho First National Bank State of Idaho - Tax Commission VOID Association of Idaho Cities American Family Life Assurance Public Employee Retirement Sys Postmaster Idaho First National Bank Postmaster Maury Ainger Rick Bollar Bill Botsford Ron Bowling Tom Chaloupka Dan Cochran Dempsey Eddins Tim Everhart Martin Fitzgerald Donald R. Fitzwater Bill Florance Tom French Dan Gray Bill Haworth Glen Jackson Jack Katzenberger Jim Madden Ken Medley Dave Smith Russ Smith Skip Taylor Dana West Sophie T. Howard Sandra Bates Bill A. Evans Ray Earls John L. Lyon Larry Olson Bruce Minter Heidi Scott Lyle Akkerman Mike Coffey Mike Fitzgerald Rick Freudenthal Jack Fuller Dean Hovdey Mike Isola Jay Jacques Chris Johnson Shawn Miller Mike Thomas John Lewinski Acheson Motors $ 653.07 336.08 953.85 557.25 66.51 970.17 66.51 433.20 784.11 841.92 557.93 40.79 649.76 493.97 1,281.50 235.17 522.44 371.65 1,052.62 637.81 114.78 219.07 4,024.66 4,037.00 1,120.55 VOID 1,484.44 32.00 3,890.74 107.80 10,500.44 15.00 27.00 40.50 12.00 14.00 25.50 25.50 34.00 15.50 34.00 49.00 22.00 30.50 23.50 22.00 8.50 34.00 79.00 20.00 44.00 33.50 7.00 30.50 17.66 71.88 15.25 29.55 25.63 77.16 47.00 921.60 6.00 36.00 12.00 6.00 27.00 12.00 42.00 66.00 60.00 18.00 18.00 62.80 1,219.90 No. 2256 The Art Mart, Inc. 2257 Bidall 2258 Boyd Martin Co. 2259 Brundage Office Supply 2260 Cal Gas -McCall 2261 Chevron U.S.A. Inc. 2262 Chilton Book Co. 2263 Chris Scoles 2264 Consolidated Supply Co. 2265 Continental Telephone System 2266 Dan's Saddlery 2267 Decker's Inc. 2268 Doubleday & Company, Inc. 2269 EBSCO Subscription Services 2270 F-Stop Film & Camera 2271 Flexible Pipe Tool Co. 2272 Gen. Fire & Safety Equipment 2273 H & W Plumbing and Electric 2274 H. Lukecart Repair 2275 The Highsmith Co., Inc. 2276 Idaho Bearing & Supply Co. 2277 Idaho Div. of Aero. & Public 2278 Idaho First National Bank 2279 Idaho Power 2280 The Idaho Statesman 2281 Secretary -Treasurer Idaho Water & Wastewater Boards INGRAM Lake Shore Disposal Lamson Corporation Mark's Chevron Service May Hardware, Inc. McCall Appliance Repair McCall Fire Dept. McCall Rental & Sales McCall Rexall Drug Men's Wardrobe The Merc Modern Service Mothering Nevins Ammunition Co. Newsweek Norco OSC Data Open Air Sports Payette Lakes Lumber Co., Inc. Quality Paperback Book Club, Inc Richard Carothers Asso., PS Robert H. Remaklus, Lawyer, PA Ron's Shell Service Shaver's VOID 2282 2283 2284 2285 2286 2287 2288 2289 2290 2291 2292 2293 2294 2295 2296 2297 2298 2299 2300 2301 2302 2303 2304 2305 2306 2307 2308 2309 2310 2311 2312 2313 2314 2315 2316 2317 2318 2319 2320 2321 Snowbird Laundry & Dry Cleaning Sonnys Tire Serv. & Auto Parts Stans Auto Parts Starline Equipment Company Star -News Time Life Books Troy Ldy. & Dry Cleaning Union Oil Co. of Calif. The Wallace Shop Water & Waste Water Equip. Co. Western Equipment Company Western Equipment Company William A. Kirk Agency Inc. Silver Burdett Company The Idaho Statesman $ 16,54 152.73 213.36 8.20 9.52 991.77 14.54 10.40 145.31 617.43 15.75 318.05 245.48 726.23 2.4o 55.94 9.60 2.52 58.40 32.01 36.40 Trans. 7.50 416.52 3,631.84 16.00 15.00 286.59 75.00 51.52 176.6o 135.83 79.96 38.75 45.00 11.79 53.8o 24.26 54.42 10.00 90.00 32.50 75.15 217.00 237.70 134.67 . 83.66 1,652.90 1,381.86 97.15 31.58 VOID 54.25 75.06 147.25 75.59 182.16 14.58 12.90 41.26 204.94 246.58 70.91 1,324.38 25.00 9.87 2.00 Following the reading of the bills, it was moved by LUTES and seconded by LYONS that the bills be approved and ordered paid. Upon vote LUTES, LYONS and HARDY voted AYE. Motion carried. Chairman HARDY adjourned the meeting at 9:30 p.m. until Mond', April ,;.19.84, at 7:00 p.m. 7,, May or MARCH 3, 1981 McCall City Council met in Special session Tuesday, March 3, 1981, at 1:00 p.m. Mayor EVANS presiding. Councilmen present were HARDY, LYONS and LUTES with WARD being absent. Margaret Fogg, City Clerk, was present. Mayor EVANS explained the purpose of the meeting was to con- sider recommendations by the special committee representing the City of McCall and Payette Lakes Water and Sewer District. At their regular meeting Monday, March 2, 1981, the Board of Directors of the Payette Lakes Water and Sewer District ap- pointed Jerry Hart to meet with Mayor Evans on Tuesday, March 3, at 9:00 a.m. to consider actions to resolve differences between the City and P.L.W.&S.D. regarding the sewer treatment facility. Apparently, with the advent of warmer weather, the effect of the infiltration has raised the measurements into the treat- ment facility considerably higl rthan the measurements had been. At the above -mentioned meeting, attended by Linda Burke, Jerry Hart, John Clemmer, and Mayor Evans the following Resolution was drafted: Be it resolved, effective March 3, 1981, that the City of McCall and the Payette Lakes Water and Sewer District, in order to safeguard public health, safety and welfare, will issue sewer permits only for single family dwellings to be owner -occupied and commercial connections only for single businesses owner -operated requiring not more than one sewer connection. This moritorium is to extend until July 1, 1981, at which time the flow measurements will be evaluated to determine accurately the treatment facility use and whether or not the moritorium should be extended. The Idaho Code No. 6765-23 provides for emergency ordinances and morator- iums which must state the reasons in writing for the adoption of a moratorium and it must be on the issuance of selected classes of permits. Also, an emergency ordinance may be enacted upon abbreviated notice. Notice for the Special City Council meeting was published at the City Hall and on the radio. An emergency ordinance or moratorium may be effective for a period of not longer than 120 days. There was considerable concern in the meeting this morning that the period of time should extend beyond the 4th of July. In order to comply with the Idaho Code, it was changed to the 1st of July. There is considerable concern whether or not the City, in the approval of multiple family unit developments, has taken more than their allocated part of the treatment facility. Up until the inflow infiltration got so high, it appeared that the City was well within limits; but, when these figures get this high, it is time for a detailed review of events. By the time this 120 days passes, the inflow infiltration from melt of winter snow pack and ground water flow should be considerably reduced and our measurements will show accurately what is done to sewer flows. MayorEvans then asked the Councilmen if they had any questions regarding his report on the meeting that morning. After much discussion, the subject of Capital Development Funds contributed to by developers was addressed. Mayor EVANS stated that the developer who is going to require increased sewer capacity as a profit making venture should not proceed until after we know where we stand on present capacity. It's not that we don't want him to build but, if it becomes necessary after we get these measurements in July and find out if the City has exceeded their allocation in the treatment facility, the City Council has been advised that the City can set up a Capital Improvement Fund for the purpose of enlarging or add- ing other facilities to the treatment plant in order to in- crease its capacity. The whole object of the sewer intercepter and collection system is to avoid polluting the lake. The development around the lake is causing a certain amount of pollution in the lake at this time. To avoid it, we need to have a sewer system and, to get the sewer system, we must take all steps to insure that we get the sewer system built. A question was raised as to the fact that skiing season soon to be concluded, the infiltration might balance out with earlier inflow figures. The Mayor's reply was that, in order to proceed with the con- struction of the sewer, we need to have flow measurements. I stated several months ago that I didn't think the City had used much more than half of its capacity in the Treatment Facility but that was based on flow measurements at that time. Now that flow is getting closer to the City's allocated flow. In order to comply with statements of the State Health Depart- ment, the E.P.A., and so the Payette Lakes Water and Sewer District will carry on with the construction program to pro- vide the sewer that we badly need, this action has been taken. We have consulted at some length with the engineering firm that recently did the work as to what we would have to do to increase the capacity and what would be the approximate costs. Time frame would depend on what improvements would be most cost effective. In answer to questions as to why a moratorium at this time, the Mayor explained, "We know it would be difficult on local businesses because of less money spent in town. We think it's better to take this action now with a time limit. Maybe it would have been better, as you may have suggested, it this action had taken place last September, but I don't think the effect on the public as a whole would have been any different. We would have had about the same people and about the same number of people here to register their complaints or approval of it. The problem was the Sewer District didn't want to delay any longer getting something done and this is about as fast as we could act." The following Resolution was introduced in written form by Mayor EVANS, was read in full, and pursuant to motion made by HARDY and seconded by LUTES, was adopted by the follow- ing vote: LYONS, HARDY and LUTES AYE with there being no NAY votes: Be it resolved, effective March 3, 1981, that the City of McCall and the Payette Lakes Water and Sewer District, in order to safeguard public health, safety and welfare, will issue sewer permits only for single family dwellings to be owner -occupied for at least one year and commercial connections only for single businesses owner -operated for at least one year requiring not more than one sewer connection. This mori- torium is to extend until July 1, 1981, at which time the flow measurements will be evaluated to determine accurately the treatment facility use and whether or not the moritorium should be extended. Mayor EVANS stated the moratorium is adopted effective this date. The statements from Remaklus & McAlister for January 24 through February 20, 1981 Legal Fees of $1,021.30 for McCall Planning and Zoning Commission and $360.56 for McCall Impact Area P & Z Commission were discussed. Question was raised as to whether or not the City should bargain for legal services for Planning and Zoning Commissions. No action was taken at this time, pending investigation of possible alternatives. It was moved by HARDY and seconded by LUTES to authorize payment of bills from Remaklus and McAlister of $1,021.30 and $360.56. Motion carried unanimously. There was discussion for the need of an Attorney for all the Planning and Zoning meetings. It was moved by HARDY and seconded by LUTES to authorize the Planning and Zoning Com- missions to make decisions as to when, and if, an Attorney is needed to sit in on any particular meeting. Upon vote the motion carried unanimously. It was suggested that matters needing an Attorney's opinion could be tabled for later follow-ur. Udell requested that the changes in the amendments of Title III, Chapter 10, suggested by Tom Kerr and approved by the Planning and Zoning Commission be made in the drafts. Sandra Bates, P & Z Secretary, has had requests from developers to proceed with building permit applications. She asked for a ruling as to whether they could get a building permit with- out the sewer hookup. It was cited that Ordinance No. 422 states that "No building permit shall be issued under this chapter (2-1-14A) unless issued simultaneously with the is- suance of sewer and water connection permits for the same premises." Udell discussed proceeding with building permit presentation and approvals. No action taken. The meeting was adjourned at 2:28 p.m. until Monday, April 6, 1981- 7:00 p.m. yor MARCH 9, 1981 ‘°'krg4/1 J7,-) McCall City Council met in Special session, Monday, March 9, 1981, at 4:00 p.m. Mayor EVANS presiding. Councilmen present were LYONS, HARDY and LUTES. Others present were Attorney REMAKLUS and MCALISTER, MARGARET FOGG, CLYDE ARCHER and LEE McDOUGAL. Larry Hellhake, developer of the Mill Run project, presented a proposal to enable the City of McCall to establish a Capital Improvement Fund to develope sewage treatment facilities to treat the existing, committed, and contemplated development in and contiguous to the City of McCall and at the same time to maintain the integrity of the agreement between the City of McCall and the Payette Lake Sewer District to reserve approximately 55% of the existing treatment capacity for the ultimate future use of the Sewer District. A letter from Chas. F. McDevitt, dated March 6, 1981, was read in full which pro- posed their payment of $1,000.00 per unit connnected to the sewer system of City of McCall which funds to be placed in a Capital Improvement Fund by the City dedicated to (1) the enlargement of the treatment capacity of the City of McCall, (2) improvement of the sewage system, and/or (3) the overall enhancement of the sewage treatment and transportation facilities. A draft of an ordinance establishing a Capital Improvements Fund, and a sample Trunk Sewer and Treatment Plant Connection Charges sheet was submitted with the letter. Hellhake said they would like to offer the above as a solution from them as a developer as a means of raising the moratorium per se and to work hand in hand on down the line to solve the sewer and/or utility problem that may come up. George Wagner, Project Engineer of Sewer Project, offered following comments: You have a proposal before you to pro- vide the funding mechanism for expansion of the sewer treat- ment plant and you have discussed some possible options for that expansion, another lagoon, and sand filter or both. However, the first thing is the Department of Health and Wel- fare requirements - a discharge for a sewage treatment plant. The State is on record as saying that any expansion of the facility that the City has would require that they look at and consider the possibility of limitation in the waste dis- charge permit on nitrates and phosphates or nutrients to the river. Their determination in that regard would have a great deal of effect on what things needed to be done to the treat- ment plant. The second thing is that we don't know at this time how the existing plant is performing and how it will perform through at least one year's time with the extreme variation between winter and summer time useage. We're pro- bably nine months short of that kind of data. Without that kind of data, it's not possible to know what is the most effective, most cost effective action to increase the capacity of the plant. The third thing that I think of is probably necessary imput given to any kind of study concerning growth, what to design for, and what's the end objective. Mayor EVANS stated he thought the proposal presented could be a great help but there are a lot of other side issues the City would have to look to before taking action on this proposal. Following considerable discussion, it was the consensus of the Council that the proposal be taken under advisement so that it could be studied further and perhaps obtain more imput on it. Mayor EVANS expressed his appreciation to Hellhake and McDevitt for bringing the proposal to the Council and was hopeful they could take some action soon. Mayor EVANS presented Marcum, Inc. billing, showing Invoices No. 8100 and 8168 and a balance ten (10) months past due of $485.57. It was explained that these invoices had to do with repairs to this building's heating system which were both accomplished prior to the end of the one (1) year warranty period. The architects assured Mayor EVANS that the billings should not be paid under the warranty. The bill will be given to the Attorney for follow-up. The Easement Agreement between Reed B. Gillespie and the City of McCall for an access to the Mill Park area which was sent to the State in July, 1980, has been returned from the State Parks Department with notification that the Easement is satisfactory and is eligible to be paid out of the Grant funds. It was moved by HARDY and seconded by LUTES to author- ize the Easement Agreement to be signed and request reim- bursement of S14,580.00 from Grant funds for payment of such Easement. Upon vote LYONS, HARDY and LUTES voted AYE. Motion carried. It was moved by HARDY and seconded by LYONS to clear the room and enter into an Executive session to consider some pending litigation against the City. Upon vote, the motion carried unanimously. The Council went in Executive session at 4:40 p.m. Mayor EVANS was excused at 5:00 to attend the Payette Lakes Water and Sewer District meeting. Chairman HARDY is to pre- side through remainder of the meeting. Chairman HARDY closed the Executive session at 5:30 p.m. and opened the Regular session. REMAKLUS announced there was no action to be taken on the executive session. Meeti as adjourn ...kt 5:30 p.m. until Monday, April 6, 1981, a / n 7 : 00 p MARCH 20, 1981 McCall City Council met in Special session Friday, March 20, 1981, at 4:30 p.m. Mayor EVANS presiding. Councilmen LYONS, LUTES and HARDY were present. WARD was absent. Others present were Attorney McAlister, Margaret Fogg and John Drips. Mayor EVANS informed the Council that the Special meeting had been called on the recommendation of the City Attorney based on a demand by H-K Contractors Inc. for payment of a bill for equipment rental used by Golfscapes during construction on the McCall Golf Course during the Summer of 1980. Attorney McALISTER reported that they had been waiting to see if Golfscapes was going to pay their bill to H-K Contractors Inc. for equipment rental and work done for them last year. Golfscapes had indicated they planned to pay the bill which would resolve the matter. However, a telephone call was received from the lawyer for H-K Contractors Inc. as of this date advising McAlister they had not been paid and requested payment. The City is reponsible for payment of H-K for their work and rental of equipment for various legal reasons. Once the City has paid H-K, they will transfer their Course of Action against the City to the City. The City will then have all rights H-K had to go against Golfscapes and recover the Public funds. The bill is broken down as follows: Principal Amount - $4,165.75, Attorney Fees - $1,170.00, Filing Fees - $40.00, Interest on above items through 3-10-81 - $384.16; which is a total of $5,759.71. Interest has accrued at the rate of $2.05 a day from 3-10-81 through 3-20-81 amounting to $20.50 bringing the total of the bill to $5,780.41. Following discussion it was moved by LUTES and seconded by HARDY to authorize the payment of the H-K Contractors, Inc. bill in the amount of $5,780.41, this being Golfscapes bill for equipment rental and work performed in September, 1980; and, upon H-K's release of "Cause of Action" suit, the City to proceed with a suit against Golfscapes and Hunnicutt to recover the amount of $5,780.41 plus all additional costs and interest. Also, to authorize our Attorneys to hire Washington Council because of the fact that Golfscapes Inc. is a Washington Corporation with assets in that state. Upon vote HARDY, LUTES and LYONS voted AYE. Motion carried unanimously. There being no further business, the meeting was adjourned at 4: m. unti ". ..y April 6, 1981, at 7:00 p.m. yor APRIL 6, 1981 McCall City Council met in Regular session Monday, April 6, 1981, at 7:00 p.m. Mayor EVANS presiding. Those present were Councilmen LYONS, LUTES, HARDY and WARD and City Superinten- dent Seetin, Building Inspector Trahan, Attorney McAlister and City Clerk Fogg. The minutes of the March 2nd, March 3rd, March 9th and March 20th meetings were read and approved as read. Eric Jensen of Richard Carothers Associates reviewed their progress on the McCall Mill Park. He stated that bid docu- ments, working drawings and specifications for development of the park on the ground donated to the City by Boise - Cascade Corporation are available and will be advertised for bid within a short time. The bid will be for Phase I, which is the development of the core of the park itself. A pre - bid conference on the site will be scheduled for April 24, 1981. Bid openings will be at the Council meeting at the City Hall on Monday, May 4, 1981, at 7:30 p.m. Mayor Evans presented a proposal made by Brown Tie and Lumber Company and gave background information on a map and an agreement made by the City Council with Brown Tie and Lumber Company in June, 1974, regarding certain properties in and around the Golf Course in which Brown Tie and Lumber Company agreed to build nine (9) holes of golf on the course and the fairways in exchange for the development rights of certain properties along which they would retain in their ownership. At this time, of the ten (10) tracts involved, Frank Brown, representing Brown Tie and Lumber Co., is proposing and asking for the approval of a Resolution which would amend the map of June,1974, to a re -map of part of the area concerning tracts 7, 8, 9 and 10. The re -mapping has combined tracts 7 and 8 and designates it tract 7, tract 9 becomes tract 8 and tract 10 becomes tract 9 on the map revision dated January 15, 1981. In addition, the ownership of the new tracts 7, 8 and 9 is changed to CWS Development Co. rather than Brown Tie and Lumber Company. Initially the gross number of units presented by Brown Tie and Lumber Co., and approved by the CityCouncil, was for 101 units on tracts 7 and 8, which now becomes tract 7, 29 units on ;tract 9 which now becomes 8, and 65 units on tract 10 which becomes tract 9. In re -mapping the area to reflect the changes, the total acreage is approxi- mately the same and the number of units, as stated on the original drawing, remain the same. Attorney McAlister reviewed the maps and proposal and stated they were in order. Mayor EVANS read the proposed Resolution in full as follows: WHEREAS the City of McCall, Idaho and Brown's Tie & Lumber Co. have entered into an agreement setting the number of dwelling units which may be placed upon the various properties owned by Brown's Tie & Lumber Co. which properties are designated and platted as Tract numbers 1 through 10 as shown on the attached plat map dated June 1974 and marked Exhibit "A"; and WHEREAS the number of units approved therefor were agreed upon prior to the adoption of any Zoning Ordinances or regulations by the City of McCall; and WHEREAS Brown's Tie & Lumber Co. has transferred the subject Tract Nos. 7, 8, 9, and 10 as well as its interest in the agreement with the City of McCall to CWS Development Co.; and WHEREAS the parties above named now wish to verify and confirm the number of units to be placed on the various Tract; and WHEREAS CWS Development Co. wishes to modify its plat map by combining Tract numbers 7 & 8 into one Subdivision designated Tract #7 and the City of McCall concurs in and agrees to such plat map modification; THEREFORE, be it resolved by the Mayor and Council of the City of McCall, Idaho as follows: 1. That the numbers of units which may be placed on the various Tracts are as shown by the attached plat map as revised and dated January 15, 1981 and marked as Exhibit "B" and are hereby verified and confirmed. 2. That the City of McCall hereby grants its permission and agrees to the combination of Tract numbers 7 & 8 into one new Tract designated Tract 7 and indicated on the plat map referred to in paragraph number 1 above and that tracts 9 and 10 have been redesignated 8 and 9 respectively, and that the number of units which were formerly agreed to be allowed on Tract numbers 7 & 8 are hereby verified and confirmed to the new Tract number 7, and that the number of units which were formerly agreed to be allowed on Tracts 9 and 10 are verified and confirmed to the newly designated Tracts 8 and 9. It was moved by WARD and seconded by HARDY to approve the Resolution pertaining to the Brown' 'r"ie and Lumber Company remapping, dated January 15, 1981, at the Golf Course and ownership change as read and authorize the Mayor and Clerk to execute same. Upon vote HARDY, LUTES, WARD and LYONS voted AYE. Motion carried unanimously. Mayor EVANS reviewed the status of the Union Pacific Rail- road Company Termination Rider request on the sanitary land fill dump and roadway encroachment. Upon receipt of drawings and exhibits requested of U. 2. Railroad, it was referred to the County for a decision as to whether or not they had an interest in the road ride of way as a public road South. The Board of County Commissioners notified the City by letter of February 18, 1981, that it appeared there was no encroachment outside the City Limits and the County thus had no jurisdiction. Following discussion, it was moved by HARDY and seconded by WARD that the Council has not objection to terminating the lease agreement but desires to retain the road ride of way and have it appear on record as a public thoroughfare with the U. P. Railroad Co. being so notified. Upon vote LYONS, HARDY, WARD and LUTES voted AYE. Motion carried unanimously. Mayor EVANS explained the provisions made in the draft of Chapter 10, Zone F-Urban Agriculture and Recreation District of Title III Zoning Ordinance and announced that this is the time and place set for a public hearing as advertised on amendments to Title 3 of the Village Code of McCall, Idaho, which proposed changes in the density classifica- tions and development requirements. Citizens appearing before the Council to speak in favor of the proposed amend- ments to Title 3 and urging approval were: Attorney Richard Udell; Lomie Helmick, property owner in urban agricultural area; Dean Hagerman, McCall resident; George Klind, Midvale, Idaho, owner of property in urban agricultural area; Dave Engen, McCall resident, together with Father, holds interest in land in urban agriculture area; and Kim Helmick. Attorney Udell, also, presented a petition favoring the amendment signed by 53 persons which petition stated: "As Residents of the City of McCall, we state that we agree with the Proposed Amendments to Chapter 10 of the City of McCall Zoning Ordinance, and feel that the City of McCall should adopt that Ordinance." Citizens appearing before the Council to speak in opposition to the proposed amendments were Bill Crowley, resident of urban agriculture area; Jerry Dixon, Warren Wagon Road resi- dent; Darla Williamson, property owner in urban agriculture area; Lina Burke, Warren Wagon Road resident; Attorney Bill Killen, City resident; and Carol Wright, City resident. Rick Fereday raised the question as to whether the City of McCall could provide City services for areas zoned one (1) unit per acre and Judy de Reus' opinion was that, under the P.U.D. Ordinance, it is a lot more flexible to development than the proposed amendment being discussed. A petition opposing the amendment signed by 153 individuals was prented to the Mayor and Council by Bill Crowley which read as follows: "We, the undersigned, urge the City Council of McCall not to adopt any new zoning ordinances within the Urban Agriculture and Recreation Zone that would potentially destroy the unique recreational and open characteristics of such an area. While we feel that a certain amount of growth in these areas is inevitable and even desirable in the long run, there does exist the current Planned Unit Develop- ment Ordinance (PUD) which allows a variation to the existing zoning under the control and advice of the Planning and Zoning Commission and City Council. The PUD offers the distinct advantage of providing future development in harmony with the recreational and naturally open settings of land such as the Brundage area west of McCall, whereas parcels smaller than the existing zoning present the danger of uncontrolled urban sprawl with the prospect of the City unable to provide basic services." At the February 17, 1981, meeting the McCall Planning and Zoning Commission recommended that the draft of an amendment to the McCall Code, Chapter 10 be approved. In compliance with 3-24-4, the following findings are set forth: The Public interest has shown a need of this amend- ment, the amendment is compatible with the area, and densities probided by this amendment are desirable for comprehensive development of Urban Agricultural areas. After a very lengthy discussion, it was moved by WARD and seconded by HARDY that proposed amendments to Chapter 10, Zone F-Urban Agriculture and Recreation District as sub- mitted by Planning and Zoning Commission with the addition of the word "minimum" average lot in 3-10-5 (A) 1, (B) 1 and (C) 1 be approved for reasons given in their findings. Upon vote, LYONS, WARD and HARDY voted AYE. LUTES voted NAY. Motion carried. March 3, 1981, action of the McCall Planning and Zoning Commission was to recommend approval of a Special Use Permit and a Varience to the lot width requirement to Marvin May to allow him to build an addition to his home at 321 W. Lake Street which would cover a total of 81% of the lot width. As required by 3-24-4, the Commission finds that the request is not in conflict to the public interest; and that the lot width is not conducive to building individual homes on each lot; and that, by com- bining the lots, development is more aesthetically pleasing than a separate small house. Following discussion, it was moved by HARDY and seconded by LYONS to approve the recom- mendation of the P & Z Commission of the Marvin May Special Use Permit and Varience for reasons stated by the Commission. Upon vote motion carried unanimously. Dityor EVANS read the "Checklist for Building Permit Approval Procedure" in full. This was submitted by the Planning and Zoning Commission with an explanation that it will allow the administrative staff to approve both structural and site plans, making a list of pertinent information for the Commission to approve formally. This will cut down the length of time which the Commission spends on building permit applications under S125,000.00. It was moved by LUTES and seconded by HARDY to approve the Checklist for Building Permit Approval Procedure. Upon vote, motion carried unanimously. The Planning and Zoning Commission took action March 17, 1981, to recommend approval of the request of "Doc" and Aloha Hansberry to reclassify the zone of property at 1112 Boydstun Street from A -Low Density Residential to C Commercial. In compliance with 3-24-4, the following findings are noted: As there was no objection by the neighboring property owners, and since the property is bordered by commercially zoned and commercially used property, and since this change would allow a business to be established which is not currently operated in McCall, this change would be favorable. It was moved by HARDY and seconded by WARD to approve the Planning and Zoning Commission's recommendation to reclassify the zone of the "Doc" and Aloha Hansberry property at 1112 Boydstun Steet from A -Low Density Residential to C Commercial for reasons noted by the P & Z Commission. Upon vote, motion carried unanimously. At the February 23, 1981, meeting the McCall Area of City Impact Joint Planning and Zoning Commission, after holding a Public Hearing on the Whiteman -Stringer request for a change in zoning, recommended that the zone classification of the following described real property be uniformly zoned from "A" Residential, Public Recreation, Agricultural id Private Forest to Zone "A" Residential and to stipulate that when development occurs within the above mentioned property, an environmental impact study my be required of the developer. The City Council, in the regular meeting on March 2nd, set April 6 as the time and the place for the public hearing on the request of Marvin E. Whiteman Jr., el al. and C. John Stringer of McCall, Valley County, Idaho for a zone reclassification of real property pre- sently zones "A" Low Density, Residential and "E" Agricultural District to zone "A" Low Density Residential. The land to be considered is described to wit: NZ of the NE4, NEk of the NW%, Section 10, Township 18 North, Range 3 East, B.M., Valley County, Idaho, and N; of the S1/2, Sz of the NE, SEA of the NW, Section 10, Township 18 North, Range 3 East, B.M., Valley County, Idaho. Citizen appearing before the council to speak in favor of the zone reclassification was Attorney Richard Udell for Whiteman and Stringer, who spoke at length regarding their request and urging that the Council approve the reclassification. Attorney Greg Pittenger, residing on Warren Wagon road in the Impact Area, asked to comment on the merits of the proposal before the Council, raising a procedural question and ask that the Council consider not act tonight. He questioned the authority or power of the Impact Area Planning and Zoning Commission to make any recommendation to the City Council or the Council to act pending clarification of proper procedure. Mayor Evans announced that, since a public hearing had been advertised, public imput will be taken and the hearing will be continued until after our Attorneys have had time to research the data and determine whether or not the authority of the Joint Planning & Zoning Commission and the City Council is proper by the City and County Agreement. Attorney Bill Killen, City resident, stated he lived on Lick Creek road, one of the potential access to this area, which is one of his primary interests as well as his objection that there is no proposed use of the land. Killen also raised the question of their submitting an environ- mental impact statement as it had not been waived. He stated that the Council is being asked to make a substantial deci- sion with lack of complete information. Carl Whitaker ex- plained that the first time any developer came before the Commission an environmental impact statement would be required at that time. Bill Hardin, representative for Terteling Co., expressed opposition to the zone classification. He stated the way to get responsible development is to go the PUD route. Corienne Hormaechea and Mrs. Bill Killen spoke in opposition to the zone classification. After considerable discussion, it was moved by HARDY and seconded by LYONS that the Council table the recommendation of the Joint Planning and Zoning Commission regarding the Whiteman -Stringer zone reclassification until the Council receives some recommendations from the City legal Council as to whether or not the City and the Joint Planning Com- mission are acting within their authority. Upon vote motion carried unanimously. McCall Area of City Impact Joint Planning and Zoning Com- mission action taken April 4, 1981, recommend approval of the request of James B. Fowler for a Varience and a Special Use Permit to the 50% lot width coverage requirement within the Shoreline and River Environs District, to construct a new home on Lot 9, Shady Beach Community,Valley County, Idaho, which lot is 39 feet in width. Plans and map of area was studied. Following discussion, it was moved by HARDY and seconded by LUTES to table action on James B. Fowler's request pending a decision of the Council's legal advisers as to whether the Joint Planning and Zoning Commission can make such recommendation. Upon vote motion carried. Mayor reminded the Council of the vacancy on the City Plan- ning and Zoning Commission. An application was received from Roger Ross, a resident of McCall for some time, who is working for the telephone company. He expressed an interest in working on the P & Z Commission and, on that basis, Mayor EVANS appointed Roger Ross to be a member of the McCall Planning and Zoning Commission and would ask the Council for a motion to confirm the appointment. It was moved by LUTES and seconded by WARD tc confirm the appointment of Roger Ross as a member of the McCall Planning and Zoning Commission effective as of this date. Upon vote, the motion carried unanimously. A letter had been received from Loretta Cummins petitioning the City to ban side street parking on one side of Davis Street from the railroad tracks to the corner of Lick Creek road and to repair the hole in the road at the Post Office. The letter was read at length and referred to Chief Lyon to consider eliminating parking on side of Davis Street and to Jack Seetin to follow up on road repair. Mayor EVANS informed the Council that notification had been received from the Federal Aviation Administration that the McCall Municipal Airport Layout Plan (ALP) submitted by Smith and Kangas Engineers, Inc. March 24, 1981, is approved and the Master Plan submitted is acceptable. Mayor reminded Council members of the Association of Idaho Cities Spring District Meeting on April 15 at the Holiday Inn In Boise. The Council was informed of the termination of the CETA positions on April 24. The City has one CETA employee in the Recreation Department and two at the Library. In dis- cussions with the Idaho Job Service local office, it may be possible to extend those CETA employees the City has for a month or six weeks before picking them up on the City payroll. Hugh Cooke, Recreation Department, has recommended the City pick up the salary of the CETA employee in his department. In the Mayor's discussions with the County Commissioners regarding the legal fees for the Impact Area Joint Planning and Zoning Commision, the County Commissioners suggested the County Prosecuting Attorney's time could be made available for the Joint P & Z Commission in order to save money. This arrangement was discussed with the Commission and they were interested and wished to give it a trial. Prosecuting Attorney Charles Nicholas has been so notified Mayor EVANS read the Stipulation of Richard L. Adams and All American Realty, Inc., an Idaho corporation, DBA, The Fairways; Idaho Land Developers, Inc., an Idaho Corporation; and Treasure Valley Construction, Inc., an Idaho corporation, PLAINTIFFS, VS. The City of McCall of the State of Idaho; Margaret Fogg, City Clerk of the City of McCall; John J. Allen Jr., Roman Klott, Leonard Rowland, Judy DeReus, Eddy Droge, and Paul Trahan, Members of the McCall Planning and Zoning Commission; and Mayor Bill Evans, EX-Officio member of McCall Planning and Zoning Commission, DEFENDANTS. Comes now, Richard L Adams and A11 American Realty, Inc., an Idaho Corporation, DBA The Fairways; Idaho Land Developers, Inc., an Idaho corporation; and Treasure Valley Construction, Inc., an Idaho Corporation, Plaintiffs, By and their Attorney of Record, Richard S. Udell; and The City of McCAll of the State of Idaho; Margaret Fogg, City Clerk of the City of McCall; John J. Allen, Jr., Roman Klott, Leonard Rowland, Judy DeReus, Eddy Droge, and Paul Trahan, members of the McCall Planning and Zoning Commission; and Mayor Bill Evans, Ex-Officio member of McCall Planning and Zoning Commission, Defendants, by and through their Attorney of Record, Stanley A. McAlister, do hereby stipulate to the Entry of a Judgement ordering that Defendants issue build- ing permit Nos. 201, and 237 and that Defendants issue building permit no. 238 upon compliance by those Plaintiffs/ Applicants to the requirements which have heretofore been set forth in letter form by the McCall Building Inspector. The Parties further stipulate that Plaintiffs will dismiss the above entitled action with prejudice upon issuance of the said Building Permit Nos. 201, 237 and 238. An Order naming the same Plaintiffs and Defendants was read as follows: Pursuant to the foregoing Stipulation and Good Cause appearing therefore; it is ordered that Defendants issue Building Permit Nos. 201 and 237 and that Defendants issue Building Permit No. 238 upon compliance by those Plaintiffs/Applicants to the requirements which have heretofore been set forth in letter form by the McCall Building Inspector. It is further ordered that Plaintiffs will dismiss the above entitled action with prejudice upon issuance of the said Building Permit Nos. 201, 237 and 238. The Order was dated the 6th day of April, 1981 and signed by Robert Newhouse, District Judge. Mayor EVANS explained the Stipulation and Order were in answer to a Writ of Mandamus by the above named Plaintiffs vs. Defendents to state why the City should not issue the building permits for approved projects. Because of all circumstances involving this case, action was taken, and it is necessary to confirm the action taken by the City Attorney and Mayor. It was moved by HARDY and seconded by WARD to confirm the action taken by the Mayor and the City Attorney in the settling of the issue the Council was confronted with in District Court namely the issuance of approved building permits. Upon vote, LUTES, WARD, HARDY andLYONS voted AYE. Motion carried unanimously. Mayor EVANS reported on the Payette Lakes Sewer District Meeting in which Sumner Johnson, Intermountain Engineers, and J.U.B. Engineers were explaining to the Sewer District Board members the many conditions that are involved in determining what the actual capacity of the sewage treat- ment facility is. The Attorney for the P.L.W.&S. District had informed the Board of the action of the City on the Writ of Mandamus by Stipulation submitted by the City and the action of the District Judge in ordering the issuance of the building permits, P.L.W.&S. District reiterated to their legal adviser that they had authorized him to take any necessary steps to protect the sewer district's allo- cation in the McCall sewage treatment plant. Mayor EVANS told the Council that the shop leased from Mr. Seetin had a welder in it that he permitted the City to use over a number of years. Since he has no further use of this welder, he would like to be paid some compensation both for the use of it over this period of time and for the cost of this piece of equipment. Following discussion, it was moved by LUTES and seconded by LYONS to pay Jack Seetin $400.00 for the welder and associated equipment left at the shop when he moved out. Upon vote, motion carried unanimously. HARDY is to investigate possibility of retaining their two CETA employees at the Library b y reducing the Library hours and/or reduction of book purchases in order to make salary monies available. HARDY reported the need for some asphalt repairs at the airport. The County Commissioners have been made aware that we may need some airport money. HARDY will investigate the situation more thoroughly and report back to the Council. There was a discussion of the Golf Course Green Fees and possible raise this season. WARD will be meeting with Golf Pro, John Drips, and the Golf Association Board and bring a proposal before the Council. The Clerk presented three "insufficient funds" checks that have not been collected. It was moved by HARDY and seconded by LUTES that the following checks be written off as they appear to be uncollectable, although efforts to collect will be continued: Sandra Trimble for $13.00, Refracted Energy for $20.00, and Allan Chandler for $16.00. Upon vote, LUTES, HARDY, LYONS and WARD voted AYE. Motion carried unanimously. The following bills were read for payment: No. 2322 2323 2324 2325 2326 2327 2328 2329 2330 2331 2332 2333 2334 2335 2336 2337 2338 2339 2340 2341 2342 2343 2344 2345 2346 2347 2348 2349 2350 2351 2352 2353 2354 2355 2356 Idaho Dept. of Labor & Industrial Services $ 6.00 Donald R. Broughton 250.00 Hugh Cooke 100.00 Raymond Earls 250.00 John Lyon 250.00 Larry S. Olson 250,00 Roger Rockwell 250.00 Terry Ann Sharp 200.00 Donald Van Cleave 250,00 Steven Ricks & H-K Contractors 5,780.41 Roger D. Bates 737.16 Sandra K. Bates 700,62 Donald R. Broughton 649,76 Elaine Bustos 228.77 Gloria Cantrell 225.78 Joye S. Catlin 627,62 Larry Chalfant 1,037,49 Hugh H. Cooke 753.90 James F. Creech 93.12 John B. Drips 664,01 Raymond W. Earls 503,50 Bill A. Evans 83.01 Deborah Fereday 235,20 Donald L. Fitzwater 75,67 Margaret E. Fogg 781,18 James W. Hardy 66.51 Sophie T. Howard 651.32 John R. Lewinski 953.85 Maria C. Lisowski 487.85 Clifford Lutes 66,51 John L. Lyon 970.17 James R. Lyons 66,51 Larry S. Olson 784.11 Richard T. Remaklus 841,92 Robert H. Remaklus 557.93 No. 2357 Kay L. Rhodes 2358 Roger W. Rockwell 2359 Laura Lyn Rupe 2360 W.O.J. Seetin 2361 W.O.J. Seetin 2362 Mary Evelyn Sharp 2363 Terry Sharp 2364 David B. Smith 2365 Paul K. Trahan 2366 Donald B. Van Cleave 2367 Ernest E. Ward 2368 Ernest H. Woods 2369 State Auditor, State of Idaho 2370 Idaho First National Bank 2371 State of Idaho, Tax Commission 2372 Public Employee Retirement Sys 2373 Association of Idaho Cities 2374 American Family Life Assur. 2375 Idaho First National Bank 2376 Postmaster 2377 Postmaster 2378 Terry Sharp, Water Clerk 2379 McCall Police Department 2380 Maury Ainger 2381 Bill Botsford 2382 Ron Bowling 2383 Tom Chaloupka 2384 Dan Cochrane 2385 Dempsey Eddins 2386 Tim Everhart 2387 Don Fitzwater 2388 Martin FitzGerald 2389 Bill Florence 2390 Tom French 2391 Dan Gray 2392 Bill Haworth 2393 Glen Jackson 2394 Jack Katzenberger 2395 Jim Madden 2396 Ken Medley 2397 Dave Smith 2398 Russ Smith 2399 Harry Stathis 2400 Skip Taylor 2401 Dana West 2402 Sandra Bates 2403 Sgt. Larry Olson 2404 Roger W. Rockwell 2405 John Lewinski 2406 Acheson Motors 2407 Action Express, Inc. 2408 American National Red Cross 2409 The Art Mart, Inc. 2410 The Baker & Taylor Company 2411 Boise State University 2412 Boyd Martin Co. 2413 Brunde Office Supply 2414 Chevron U.S.A. Inc. 2415 Century Laboratories 2416 Cheer Book 2417 Childrens Press, Inc. 2418 Chris Scoles-Idaho Statesman 2419 Continental Telephore System 2420 Decker's Inc. 2421 Doubleday & Company, Inc. 2422 Doubleday Book Club 2423 Fire Chief Magazine 2424 Gordon's 2425 H & W Plumbing & Electric 2426 H. Lukecart's Repair 2427 The Highsmith Co., Inc. 2428 Idaho Division of Aeronautics 2429 Idaho First National Bank 2430 INGRAM 63.48 649.76 341.84 1,281.50 235.17 431.04 354.80 1,052,62 841.56 637.81 70.01 219.07 3,947.47 4,021.90 1,119.60 4,016.57 1,517.63 32.00 4,015.77 131.04 54.00 23.47 10.38 34.00 29.00 29.00 12.00 19.00 19,00 14.00 34.00 34.00 8.50 29.00 3.50 3.50 25.00 34.00 45.50 15.00 30.50 30.50 15.00 7.00 14.00 51.75 168.00 7.89 61.57 75.00 7.30 48.50 18,08 5.53 60.00 4.21 15.02 2,705.97 213.00 4,00 39.64 100.40 628,76 128.90 188,50 5.64 15,00 22.58 4.08 532.51 43.86 764.00 416.52 225.01 No. 2431 2432 2433 2434 2435 2436 2437 2438 2439 2440 2441 2442 2443 2444 2445 2446 2447 2448 2449 2450 2451 2452 2453 2454 2455 2456 2457 2458 2459 2460 2461 2462 2463 2464 2465 2466 2467 2468 2469 2470 2471 2472 2473 2474 2475 2476 2477 2478 2479 2480 2481 General Fire & Safety Equip. Idaho Power Company Idaho Sporting Goods Co. Idaho State Fire School Just Copy's Inc. Lake Shore Disposal Mark's Chevron Service May Hardware, Inc. McCall Fire Department McCall Rental & Sales McCall Rexall Drug Medley Sports Men's Wardrobe Mitcham Specialty Company Ms. Magazine Modern Photography Norco - 11 OSC Data Payette Lakes Lumber Co., Inc. Pendleton Farm & Garden Ctr. Publishers Weekly Quality Paperback Book Club Richard Carothers Asso., PS Running SArgent-Sowell, Inc. Shaver's New Shelter Silver Burdett Company Sirchie VOID Solar Age Sonny's Tire Serv. & Auto Parts Snowbird Laundry & Dry Cleaning Sports Marina Stans Auto Parts Star -News Star -News Starline Equipment Company Taylor Made Trophies Territorial Supplies Time/Life Books Troy Ldy. & Dry Cleaning Union Oil Co. of Calif. University Book Service Upstart The Wallace Shop Western Equipment Company William A. Kirk Agency, Inc. Western Fire Equipment Co. Zimmer & Francescon, Inc, Smith & Kangas Engineers, Inc. $ 259,00 4,403.66 76.04 10.00 11.25 75.00 33.50 227.63 5.50 10.00 50.77 12.00 273.49 193.70 6.00 7.98 30.09 218.80 27.52 40.42 38.00 , Inc. 14.11 9,251.53 7.95 45.60 46.23 9.00 9.87 63.46 VOID 18.00 119.99 194.50 29.07 86.81 12.00 133.58 156.37 3.00 11.97 29.69 19.35 53.90 99.37 26.13 16.12 1,324.38 3,977.00 17.16 248.22 967.50 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, LYONS and WARD voted AYE. Motion carried. Mayor EVANS adjourn-• .e meeting at 12:56 a.m. until Monday, May 4 ;;,- 81, at ayor MAY 4, 1981 McCall City Council met in Regular session Monday, May 4, 1981, at 7:00 p.m. Mayor EVANS presiding. Those present were Councilmen WARD, LUTES, HARDY and LYONS, Attorneys Remaklus and McAlister, Administrative Assistant Seetin, Building Inspector Trahan and City Clerk Fogg. The minutes of April 6, 1981~, were read and approved as read. Mayor EVANS announced that it was the time and place ad- vertised for the opening and reading of the McCall Mill Park site development bids. Mayor informed the Council that four (4) sealed bids were received. The bids were opened and acknowledged in the following order: (1) Riha Construc- tion Company, base bid of $193,998.00, add alternates and deduct alternates were properly noted. Attorney REMAKLUS announced the Bid Bond is in order, three addendums have been received, and sub-contractors have been named. (2) C. M. Company of Boise, base bid of $166,765. REMAKLUS ANNOUNCED the Bid Bond in order and sinned, and sub-contrac- tors named, and add alternates and deduct alternates were read. (3) Riley Hill General Contractors, Inc., Ontario, Oregon, base bid of $97,651. with add alternates and deduct alternates read. REMAKLUS stated the Bid Bond is presented duly executed and sub-contractors named. (4) Cloverdale Nursery, Boise, Idaho, base bid of $234,360. REMAKLUS announced the Bid is signed, Bid Bond is in order, principal sub-contractors named, and the add alternates and deduct alternates read. Upon completion of reading of the bids, Attorney REMAKLUS recommended that the City Coun- cil take these bids under advisement to submit to the Parks Department for their review and comment. It was moved by HARDY and seconded by LYONS that the bids received from Riha Construction, C. M. Company, Riley Hill General Con- tractors, Inc.,and Cloverdale Nursery for the McCall Mill Park site development be taken under advisement for sub- mission to Parks Department for review and comment. Upon vote LYONS, HARDY, LUTES and WARD voted AYE. Motion carried unanimously. At the April 7, 1981, meeting of the McCall Planning and Zoning Commission the following recommendations were made: (1) The Commission recommended approval of the variance requested by Payette Lakes Lumber Co. to allow them to place a sign at the location of their new facility at 400 Deinhard Lane. Said sign would have a height of 35' rather than the designated 20' height limitation set forth in 3-19-2. It was moved by HARDY and seconded by LUTES to approve the recommendation of the McCall P & Z Commission to allow Payette Lakes Lumber Co. variance for a 35' sign, noting the Council members felt the sign should be commensurate with building size, is no hazard to air- craft flying in area, and would enhance general appearance of coming into McCall. Upon vote motion carried. (2) The Commission recommended approval of the Final Plat of the Aspen Village Planned Unit Development, presented by Roger Anderson of Sundance Corporation. Mayor EVANS explained that, according to the Code, this Final Plat does not require another City Council approval but does require the signature of the Mayor prior to recording of the Plat. With consensus of the Council, the Mayor signed the plat of Aspen Village PUD. (3) The McCall P & Z Commission approved the Building Inspector's suggestion to start issuing Occupancy Certificates, a practice provided for in the Uniform Building Code, to insure that all inspec- tions have been made and that the structure is fit for habitation. This procedure was concurred in by the Council. The McCall Planning and Zoning Commission on April 21, 1981, recommended approval of the variance requested by Tim and Carol Wright to allow them to have a pole lot with a 15'' by 185' drive. As required by 3-24-4, this request is clearly not in conflict with the public interest and wel- fare. It was moved by WARD and seconded by LYONS to approve P & Z Commission's recommendation to allow Tim and Carol Wright a variance to have a pole lot with a 15~ by 185' drive per reason stated. Upon vote~ motion carried, Mayor EVANS informed the Council of the Planning and Zoning Commission's concerns with the multi-family, residential developments on Commercial property. Considerable discussion to determine the action to be taken and the density to recommend be permitted has taken place. In order to pre- clude such continued development of Commercial property, the Commission proposes a moratorium on multi-family dwellings on Commercial property within the City limits until such time as to establish an appropriate density for residential development on Commercial property. Attorney REMAKLUS read at length the following Resolution: The Commercial Zones of the city are being acquired by real estate developers some of whom are constructing high density residential units therein, which constitutes an immediate peril to the public health, safety and welfare of the inhabitants, guests and visitors of the City of McCall for the reasons following and the city does hereby find as follows: The Commercial Zones of the city are being seriously depleted for residential use at a density as high as (39) residential units per acre; The streets of the city cannot absorb the impact of such high density dwelling areas in the Commercial Zones of the city, and that traffic congestion in such areas shall impede and obstruct passage of police, fire, ambulance and other emergency vehicles to the danger of those using such streets and operating such vehicles; That such construction of high density dwelling units constitutes a fire hazard to the inhabitants of such units and city volunteer fire fighters who may be called upon to fight fires therein; That construction of such high density residential units per acre in Commercial Zones interferes with the orderly growth of the city and with the general welfare of the inhabitants, guests and visitors in the city in that such developments shall eliminate or otherwise prevent the construction and development of those commercial and profes- sional services necessary to the conduct of general business and commerce of the city as well as impede and obstruct the conduct of proper city government; That the construction of high density residential developments in the city Commercial Zones shall exhaust the city owned and operated water and sewage facilities essential to the proper, safe and healthful existence of the city and the inhabitants, guests and visitors thereof; That under existing city ordinances such high density residential development can occur only with the Commercial Zones of the city; That adoption of ordinances and moratoriums under the notice and hearing procedures prescribed by Section 67-6509, Idaho Code, would defeat the legitimate objectives of this resolution and would not be in the best interests of the city and its inhabitants, visitors and guests and that for all of the reasons set forth in this resolution and for the general public safety, health and welfare of the city, the Council does hereby elect to proceed without formal recom- mendation of the City Planning and Zoning Commission. NOW, THEREFORE, by virtue of the authority vested in the City of McCall under the Constitution and Statutes of the State of Idaho, be it resolved by the Mayor and Council of the City of McCall, Idaho, that a moratorium shall be and is hereby declared upon the issuance of building permits for multi-family dwelling units within the Commercial Zones of the City of McCall, Idaho, for a period of one hundred twenty (120) days from and after the adoption of this resolution. Following discussion it was moved by HARDY and seconded by LUTES to adopt the Resolution as read. Upon vote, LUTES, WARD, HARDY and LYONS voted AYE. Mayor EVANS announced the Resolution as read is adopted and will be in force as of now. On April 4, 1981, The Area of City Impact Planning and Zoning Commission recommended approval of the request of James B. Fowler for a Variance and a Special Use permit; and on April 27, 1981 recommended approval of the request of Brad and Marcia Gauss, Lot #4, Shady Beach Community, for a Special Use Permit allowing them to build a residence within~ the Shoreline and River Environs District with a setback of 60', and for a Variance to the lot width cover- age requirement of 50%, allowing them to build their home with a width of 48'6'7. The question raised at the l~t City Council meeting was whether or not the Area of City Impact Planning and Zoning Commission and the City Council were acting within their authority in the area of City Impact matters. The matter has since been discussed with the County Commissioners, County Attorney and the City Attorney. City Attorney REMAKLUS could see no reason why the City Council could not act on these two recommendations of the Area of City Impact Planning and Zoning Commission, but pointed out that, under any of these Variance applications, the risk is going to lie with the landowners if they take action based on City approval as the action taken could be prevented or some further action taken in the event that it was determined that the City had insufficient authority under the Joint Agreement. Brad and Marcia Gauss were present and stated they were also representing James B. Fowler and were quite willing to take their chances. Following discussion, it was moved by HARDY and seconded by LUTES to remove from the table the Area of City Impact Joint Planning and Zoning Commission's recommendation of the James B. Fowler request for Variance and Special Use Permit which was tabled at the City Council meeting of April 6. Upon vote LUTES, HARDY, LYONS and WARD voted AYE. Motion carried unan- imously. It was moved by HARDY and seconded by WARD to approve Joint Planning and Zoning Commission's recommendation of approval of James B. Fowler's request for a Variance and a Special Use Permit to the 50% lot width coverage requirement within the Shoreline and River Environs District, to construct a new home on Lot 9, Shady Beach Community, Valley County, Idaho, which is 39 feet in width. Upon vote motion carried unanimously. The Area of City Impact Joint Planning and Zoning recommen- dation for approval of Brad and Marc~ Gauss' request for a Variance and Special Use permit was reviewed. Following discussion, it was moved by HARDY and seconded by LYONS to accept the Joint P & Z Commission's recommendation of approval of the request of Brad and Marcia Gauss, Lot #4, Shady Beach Community, for a Special Use Permit allowing them to build a residence within the Shoreline and River Environs District with a setback of 60', and for a Variance to the lot width coverage requirement of 50%, allowing them to build their home with a width of 48'6'. Upon vote motion carried unanimously. Mayor EVANS informed the Council of Marvin Heikkila's April 30 letter of resignation from the Joint Planning and Zoning Commission effective immediately. With Rick Bollar's prior resignation, there are two vacancies to be filled. Mayor suggested appointments be deferred until anyone interested has had a chance to apply. Also, Debbie Fereday, Joint P & Z Commission Secretary, resigned April 6 and Sandra Bates is acting Secretary until a decision on hiring a new employee is made. The Union Pacific Railroad Company's Termination Rider covering the sanitary land fill and dump site and roadway encroachment site was discussed. D. J. Austin of the Real Estate Department of Union Pacific Railroad Company noti~ fied the City by letter that the land had been returned to the State of Idaho and suggested the City contact W. J. Mitchell, Bureau of Lands, with regards to getting the road encroachment for a public thoroughfare. Following discussion, it was moved by LUTES and seconded by HARDY to insert language to release everything except the existing public road in the Special Provisions space on the Termination Rider and authorize the Mayor and Clerk to execute same. Upon vote, motion carried unanimously. Jay Fonteneaus, representative of Cable Construction, re- quested approval of the placement of forty-seven (47) poles throughout the City for cable television lines. Poles to be 25' high with 5' in the ground and they would be adhering to other regulations pertaining to the pole setting. They would be going underground where other utilities are under- ground. They plan to start installing cable this month and be ready to hook up customers in August or early September. Following discussion, it was moved by HARDY and seconded by LYONS to approve the request for setting of forty-seven (47) poles for cable television construction. Upon vote, motion carried unanimously. The Council discussed the request of Hugh Buchanan, Cable Television, for use of the water tower at $400.00 per year. Consensus of the Council was that an escalation clause of the annual Consumer Price Index increase be written into the lease. Buchanan had said they intended to put a chain link fence around the bottom of the tower. Mayor EVANS asked Don Boos, representative of Cable Television, to relay a message to Buchanan to submit an agreement, with terms as suggested, to the City Council for consideration. Councilman WARD reported that Richard Remaklus had submitted a letter of resignation as Golf Course Superintendent and Brian Mickels had been hired. Golf course fees increase had been recommended by Golf Course Association Committee and John Drips, Golf Pro, of 14% with exception of Juniors. Following considerable discussion with regards to McCall's green fee rates compared with other municipal courses, it was moved by HARDY and seconded by LYONS to accept the recommendation of the Golf Course Committee and raise Golf Course fees as follows: Green fees from $7.00 to $8.00, after 5:30 p.m. half price; Individual Season Pass ~100.00 to $115.00; Couple Season Pass $150.00 to $172.50; Col- legiates $65.00 to $75.00; and Juniors to remain at $30.00. Upon vote, LYONS, HARDY an~ WARD voted AYE. LUTES voted NAY. Motion was declared carried. A letter to Stan McAlister from Delay, Curran and Bowling, Professional Law Services, Spokane, Washington, proposing their collection proceedings with regards to Golfscapes, Ltd. and their fees was read. It was moved by HARDY and seconded by LYONS to authorize the City Attorney to make an agreement with above-named attorneys. Upon vote LUTES, LYONS, WARD and HARDY voted AYE. Motion carried unanimously. Proposed Ordinance No. 425, an ordinance relating to zoning, was read at length. LUTES introduced and moved adoption of proposed Ordinance No. 425, AN ORDINANCE RELATED TO ZONING; CHANGING ZONE CLASSIFICATION OF CERTAIN PROPERTY; AND AMEND- ING THE "MAP OF ZONING" AND DIRECTING THE CITY ENGINEER TO ENDORSE SUCH CHANGE ON SAID MAP. It was moved by HARDY and seconded by WARD to suspend the rules for passage of pro- posed Ordinance No. 425. Upon vote, motion carried unani- mously. WARD seconded the motion for adoption of proposed Ordinance No. 425 and upon vote LUTES, LYONS, WARD and HARDY voted AYE. Motion carried. Ordinance No. 425 was duly adopted. Attorney McALISTER presented proposed Ordinance No. 426, an ordinance relating to zoning, which was read at length. HARDY introduced and moved adoption of proposed Ordinance No. 426, AN ORDI~ANCE OF THE CITY OF McCALL, IDAHO, RELATING TO ZONING; REPEALING CHAPTER 10 OF TITLE 3 OF THE VILLAGE CODE OF McCALL, IDAHO; AMENDING TITLE 3 OF SAID VILLAGE CODE BY THE ADDITION THERETO OF A NEW CHAPTER 10 PROVIDING FOR PURPOSES, PERMITTED USES, SPECIAL USES, CONDITIONS OF USE, LIMITATION ON SUBDIVISION OF PARCELS AND DEVELOP- MENT STANDARDS; PROVIDING FOR CONFLICTS WITH EXISTING ORDINANCES, AND PROVIDING AN EFFECTIVE DATE FOR THIS ORDINANCE. It was moved by LYONS and seconded by WARD to suspend the rules for passage of proposed Ordinance No. 426. Upon vote~ motion carried unanimously, WARD seconded the motion for adoption of proposed Ordinance No. 426 and upon vote LYONS, LUTES, HARDY and WARD voted AYE. Motion carried. Ordinance No. 426 was duly adopted. Chuck Hawkins, Payette Nation~lForest, requested Council consideration of the relocation of the Forest Service weather station. Following discussion, Attorney REMAKLUS recommended amending the existing leas~ if necessary. Hawkins is to consult with Payette National Forest personnel as to what they want to lease at this time and submit a definite request or agreement which the Council can proceed with. Councilman HARDY suggested the City instruct the City Attorney to prepare an ordinance to implement the fee schedule at the airport as set up in the Master Plan. A raise in the fuel tax and tie down fees should be in effect this Summer. There was a discussion of F.B.O. ground, T-Hangar ground, and tie down fees not being uniform per square foot. Hardy will follow up with a report and recom- mendations at June meeting. The matter of the Area of City Impact Joint Planning and Zoning Commission's recommendation of approval on the Whiteman-Stringer request for a change in zoning which testimony was heard at a public hearing at the City Council meeting on April 6 was brought up for discussion. Action had been tabled because of Mr. Pittengers raising a pro- cedural question that the Planning and Zoning Commission and the Council had no jurisdiction to act. Mayor EVANS informed the Council that, at this time, the County Commissioners are aware of the problem; the County Attorney is aware of it but has rendered no decision or advice. Following a lengthy discussion, Attorney REMAKLUS stressed that, if the Change of Zoning was granted, again the res- ponsibility as to what action the landowner would take would have to be their responsibility. Being litigation conscious, REMAKLUS pointed out that someone may bring action against the City in the future to set this action aside. The City Attorney read from the City-County Joint Agreement siting paragraph 6 specifically provides the '~oint Commission is specifically empowered hereby to recom- mend amendments to the Comprehensive Plan and zoning ordi- nances to the governing boards of the parties hereto". Mayor EVANS read the imput recorded in the minutes of the Impact Area Joint Commission meeting of February 23, 1981, and reviewed correspondence and documents received perti- nent to this application. Following more discussion, it was moved by HARDY and seconded by WARD that the Council remove from the table the recommendation of the Joint Planning and Zoning Commission on the Stringer-Whiteman zone change request, which was tabled at the Council meet- ing April 6. Upon vote, WARD, HARDY, LYONS, and LUTES voted AYE. Motion carried unanimously and Mayor declared the motion was removed from the table. After again reading the recommendation the Joint Commission made at their February 23, 1981, meeting, it was moved by HARDY and seconded by LYONS to approve the Stringer-Whiteman request for change in zoning as recommended by the Joint Planning and Zoning Commission as follows: The following described real pro- perty shall be uniformly zoned from "A" Residential, Public Recreation, Agricultural and Private Forest to zone "A" Residential, to wit: N~ of the NE~, NE~ of the NW~, Section 10, Township 18 North, Range 3 East, B.M., Valley County, Idaho, and N~ of the S~, S~ of the NE~, SE~ of the NW~, Section 10, Township 18 North, Range 3 East, B.M., Valley County, Idaho, and further move to stipulate that when development occurs within the above-mentioned property the Environmental Impact statement may be required of the developer. Upon vote WARD, LUTES, LYONS and HARDY voted AYE. Motion carried unanimously. A Capital Improvement Ordinance draft was presented for review and discussion and a capital development fee schedule was reviewed. Consensus of the Council was to have the Attorney draft the proposed ordinance for action at the June meeting. Mayor EVANS explained that the City Personnel Policy was in need of a policy clarification regarding accumulated sick leave and accumulated vacation leave. There is a question as to whether or not a person will be compensated for such leave at the time a person's employment is ter- minated. The policy has been that vacation leave if not used is paid. However, accumulated sick leave has not been speci- fically addressed. Following discussion, the proposed amend- ment was read: Amendment No. 2, Leave - Sick Leave. No employee or officer of the City, upon termination of employment, shall be entitled to payment for accumulated sick leave. Leave - Vacation Leave. An employee or officer of the City, upon termination of employment, shall be entitled to pay for the accumulated vacation leave. It was moved by WARD and seconded by LYONS to amend the City Personnel Policy to include the Amendment 2, regarding sick leave and vacation leave, as read. Upon vote, motion carried unanimously. Councilman LUTES presented a letter from Chief LYON recom- mending no parking on either side of Davis Street from the railroad tracks North to Lick Creek road, 25 miles per hour sign, and a pedestrian ride of way line on the road. After discussion the decision was that LYONS, LUTES, SEETIN and CHIEF LYON were to look over the situation, investigate possible solutions to the parking problem on Davis Street, and return to the Council with recommendations. LUTES informed the Council that the City could take advan- tage of the State of Idaho police car bid and purchase a LTD police car for $8,500. if the City could pay that amount within the next several days. A police car purchase was not in the 1980/81 budget and would have to be included in the budget before such purchase. Councilman LYONS asked that, if feasible, resurfacing of some of the streets be done. A letter from Shavers, asking for a wine tasting business license, was referred to Attorney Remaklus for research and advice. Question of the need of a City vehicle for use at the Golf Course was raised. REMAKLUS was concerned about liability aspect of private auto use for Golf Course maintenance use. Seetin will follow up on purchase as there is usually a State sale of vehicles in June or July. A letter from George L. Buley, Chief Planning and Programming Branch, Federal Aviation Administration, Seattle, Washington, was read in which he expressed sincere appreciation for the fine work and uninterrupted cooperation of the City's con- sultant, Ralph Kangas, during the recently completed master plan study for McCall Airport. Mayor EVANS informed the Council of the notice from the Idaho Public Utilities Commission regarding the public hearing to increase the charges for electric service. He pointed out .that it contained lighting servic~ for municipalities in- crease of 20.98%. Attorney McALISTER presented proposed Ordinance No. 427, an ordinance relating to building regulations, which was read at length. HARDY introduced and moved adoption of proposed Ordinance No. 427, AN ORDINANCE OF THE CITY OF McCALL, IDAHO RELATING TO BUILDING REGULATIONS, AMENDING SECTION 6 OF CHAPTER 1 OF TITLE 2 OF THE VILLAGE CODE OF McCALL, IDAHO TO PROVIDE FOR CORRECTED BUILDING CODE REFERENCES AND PROVIDING FOR PLAN REVIEW FEES; AND PROVI- DING AN EFFECTIVE DATE. It was moved by LUTES and seconded by HARDY to suspend the rules for passage of proposed Ordinance No. 427. Upon vote, motion carried. LYONS seconded the motion for adoption of proposed Ordinance No. 427. Upon vote LYONS, HARDY, LUTES and WARD voted AYE. Motion carried Ordinance No. 427 was duly adopted. Jean Bujak and Cory Hormaechea asked for Council permission to use Art Roberts Park on Saturday, May 23, 1981, to have a Fund Raiser for the Alpine Playhouse. They Plan to have a Children's Carnival, Baked Sale, Auction and Concessions. Consensus of the Council was to permit this use. The following bills were read for payment: No. 2482 2483 24£4 2485 2486 2487 2488 2489 2490 2491 2492 2493 2494 2495 2496 2497 2498 2499 2500 2501 2502 2503 2504 2505 , 2506 2508 2509 2510 2511 2512 2513 2514 2515 2516 2517 2518 2519 2520 2521 2522 2523 2524 2525 2526 2527 2528 2529 2530 2531 2532 2533 2534 2535 2536 2537 2538 2539 2540 2541 2542 2543 2544 2545 2546 Idaho Water & Wastewater Operators Donald R. Broughton Hugh H. Cooke Raymond W. Earls John L. Lyon Larry S. Olson Roger W. Rockwell Laura L. Rupe Terry A. Sharp Paul K. Trahan Donald B. Van Cleave Ida Department of Employment Terry Sharp - W/S Petty Cash Dennis P. Babineau Roger D. Bates Sandra K. Bates Donald R. Broughton Elaine Bustos Gloria L. Cantrell Joye S. Catlin Larry L. Chalfant Hugh H. Cooke James F. Creech Lorne D. Dalgleish John B. Drips Bill A. Evans ~ Deborah W. F~reday Donald L. Fitzwater Margaret E. Fogg James W. Hardy Sophie T. Howard John R. Lewinski Maria C. Lisowski Cliff Lutes John L. Lyons James R. Lyons Blaine Murray Ralph R. Murray Larry S. 01son Richard T. Remaklus Robert H. Remaklus Kay Rhodes Roger Rockwell Laura L. Rupe W.O.J Seetin W.0.J. Seetin Mary E. Sharp Terry A. Sharp David B. Smith Paul K. Trahan Donald B. Van Cleave Ernest E. Ward Ernest H. Woods State Auditor, Social Sec. Idaho First National Bank State Tax Commission Public Employee Retirement System VOID American Family Life Assurance Co. Postmaster Postmaster Association of Idaho Cities Maury Ainger Rick Bollar $ 10.00 250.00 200.00 250.00 250.00 250.00 250.00 152 80 250 00 200 00 250 00 2,239 33 22 31 170 37 771 33 709 38 662.42 243.53 42.57 635.28 1,051.86 665.49 96.38 144.57 672.36 83.01 267.45 76.42 791.67 66.51 658.70 953.85 489.42 66.51 971.74 66.51 37.58 663.30 785.70 853.84 564.11 33.61 662.42 370.99 1,299.35 235.17 487.29 350.05 1,067.20 528.56 649.28 70.01 219.07 4,157.14 4,209.20 1,165.20 4,039.87 32.00 54.00 129.84 1,540.94 25.50 22.00 ~250Z Raymond W. Earls 503.50 Warrants Con't. NO. 2S47 2548 2549 2550 2551 2552 2553 2554 2555 2556 2557 2558 2559 2560 2561 2562 2563 2564 2565 2566 2567 2568 2569 2570 2571 2572 2573 2574 2575 2576 2577 2578 2579 2580 2581 2582 2583 2584 2585 2586 2587 2588 2589 2590 2591 2592 2593 2594 2595 2596 2597 2598 2599 2600 2601 2602 2603 2604 2605 2606 2607 2608 2609 2610 2611 2612 2613 2614 2615 2616 2617 2618 2619 2620 2621 Bill Botsford Ron Bowling Dan Cochran Dan Gray Dempsey Eddins Tim Everhart Martin Fitzgerald Don Fitzwater Tom French Bill Haworth Glen Jackson Jack Katzenberger Jim Madden Ken Medley Dave Smith Russ Smith Harry Stathis Skip Taylor Dana West Gloria Cantrell Sophie T. Howard Sophie T. Howard Sandra Bates John L. Lyon Larry S. Olson Acheson Motors Art Mart, Inc. Backpacker Bill's Union 76 Brundage Office Supply Bureau of Fed. Surplus Chevron U.S.A. Consolidated Supply Co. Continental TelePhone Co. Doubleday & Co., Inc. Electronic Enterprises Gordon's H. S. Power Tool Service IBE Copy Products, Inc. Idaho First National Bank Idaho Sporting Goods Co. INGRAM International Conference Lake Shore Disposal Idaho Power May Hardware, Inc. The Merc Medley Sports Northwestern Industrial Lamp Co. OSC Data Payette Lakes Lumber Co., Inc. Recorder, Valley County VOID Ron's Shell Service Rowland Bros. Shaver's Skip's Texaco Snowbird Laundry Sonny's Tire Service Sports Marina Stan's Auto Parts Star- News Starline Equipment Co. Stephenson's Inc. Troy Lndy & Dry Cleaning Union Oil Co. of CA Valley Transmission Wall Street Journal Wallace Shop Prop. of Bldg Water & Waste Water Equip. Co. Western Auto Western Equipment Co. Western Equipment Co. Wm. A. Kirk Ins. Agency, Inc. Wolfstone-Donley-McMannama, Inc. $ Off. 10.50 22.00 25.50 15.00 14.00 10.50 22.00 54.00 7.00 29.00 18.50 10.50 77.00 15.00 40.50 25.50 15.00 25.50 29.00 11.25 129.54 3.50 47.44 16.07 26.24 89.40 73.90 19.97 98.70 3.74 105.00 2,103.89 275.44 595.08 36.38 47.90 7.30 257.10 26.00 416.52 132.68 11.96 10.00 75.00 4,435.20 288.88 3.79 24.95 62.79 219.00 46.88 19.00 34.52 44.30 5.57 108.90 78.00 128.63 374.30 267.59 61.46 169.44 832.64 12.90 45.50 202.85 77.00 297.04 2,853.10 50.04 93.88 1,324.38 30.00 2,720.68 Following the reading of the bills, it was moved by LUTES and seconded by HARDY the bills be approved and ordered paid. Upon vote HARDY, LUTES, LYONS and WARD voted AYE. Motion carried. Mayor EVANS adjourned the meeting at 12:04 a.m. until at 7:00 p.m. MAY 18, 1981 McCall City Council met in Special session Monday, May 18, 1981, at 4:00 p.m. Mayor EVANS presiding. Councilmen LUTES LYONS, WARD and HARDY were present, as was Attorney REMAKLUS and City Clerk FOGG. Applications for Beer and Wine licenses for Charles W. Ferdon dba Payette Lakes Pawn Shop were presented. Fol- lowing discussion, it was moved by HARDY and seconded by LUTES to grant a Beer License, not to be consumed on the premises, and a Retail Wine License, not to be consumed on the premises, to Charles W. Ferdon dba Payette Lakes Pawn Shop. Upon vote, motion carried unanimously. The awarding of the contract for development of McCall Mill Park site was the next item to be considered. State Parks Department had submitted an addendum of specific Federal requirements which should have been a part of the original bid package. They require the contractor be aware of these rules and regulations for expenditure of the land and water conservation fund dollars, and request the docu- ment be signed prior to execution of the contract. Riley Hill of Riley Hill General Contractors, Inc. ex- plained that he had made a $24,000.00 mathematical error in his bid and was inquiring as to what could be done about it. He was not willing to execute any documents at this time, unless some adjustment could be made to raise this figure in error. Following considerable discussion, Attorney REMAKLUS explained the section of Idaho Code that the City is operating under in detail. REMAKLUS then stated that the City is ready to act upon the bid as made and award the contract. It will then be up to Mr. Hill to make the decision as to the forfeiture of his bid bond. REMAKLUS recommended the following Resolution be proposed.: BE RESOLVED that the bid of Riley Hill General Contractor, Inc., 1425 Verde Drive, P.O. Box 351, Ontario, Oregon, dated May 4, 1981, for site development, McCall Mill Park, McCall, Idaho, in the total amount of $198,451.00 covering the base bid plus add alternates be accepted and the con- tract awarded to such corporation and the Mayor and Clerk of the City be and they are hereby authorized and directed to execute the contract for construction of such project on behalf of the City of McCall. Following the reading of the Resolution, it was moved by LUTES and seconded by WARD to propose and adopt the Resolution as read. Upon vote, WARD, LUTES, HARDY and LYONS voted AYE. Motion carried unani- mously and the Resolution is adopted. Riley Hill objected to signing any documents at this time. He is to check back with the Mayor on Tuesday, May 19, after he has a chance to consult with his bonding company and attorney. Mayor EVANS reminded the Council of the Association of Idaho Cities 34th Annual Conference on June 18-20, 1981, at Boise, and told them the Clerk had expressed a desire to be authorized to attend the conference. Early registra- tion cost is $50.00 and there would be some room and meals while there. It was moved by HARDY and seconded by LYONS to authorize expenses for the Clerk to attend the A. I. C. Annual Conference in Boise, June 18-20. Upon vote, LYONS, HARDY, LUTES and WARD voted AYE. Motion carried unanimously. Mayor EVANS adjourned the meeting at 5:00 p.m. until Monday, ~~;~~Ju~~98!~a~z: ' m' MAY 20, 1981 McCall City Council met in Special session Wednesday, May 20, 1981, at 4:00 p.m. Mayor EVANS presiding. Those present were Councilmen LYONS, LUTES, WARD and HARDY and Attorney Remaklus, Building Inspector Trahan, and City Clerk Fogg. Mayor EVANS explained that the Council needed to act on the item of business regarding the change of zoning of the Stringer-Whiteman property. At the April 6th public hearing action was tabled and, at the May 4th meeting, the Council moved it from the table, approved the change in zoning and directed the Attorney to prepare the Ordinance. Following the reading of the proposed Ordinance No. 428, an ordinance relating to changing zone classification of certain property, HARDY introduced and moved adoption of proposed Ordinance No. 428, AN ORDINANCE RELATED TO ZONING; CHANGING ZONE CLASSIFICATION OF CERTAIN PROPERTY IN THE McCALL AREA OF CITY IMPACT; AND AMENDING THE ZONING MAP OF THE McCALL AREA OF CITY IMPACT; AND DIRECTING THE CITY AND COUNTY ENGINEERS TO ENDORSE SUCH CHANGES ON SAID MAP. It was moved by LUTES and seconded by WARD to suspend the rules for passage of proposed Ordinance No. 428. Upon vote, motion carried unanimously. LYONS seconded the motion for adoption of proposed Ordinance No. 428. Upon vote LUTES, WARD, LYONS and HARDY voted AYE. Motion carried. Ordinance No. 428 was duly adopted. Attorney REMAKLUS read the introductory part of the ordi- nance authorizing Executive sessions: There's nothing contained in the Open Meeting law shall be construed to prevent upon a two-thirds (2/3) vote recorded in the minutes of the meeting by individual votes the governing body of a public agency from holding an executive session during any meeting, after the presiding officer has identified the authorization under this act for holding such executive session. Sub-section F of 67-2345 provides an executive session may be held to consider and advise its legal repre- sentatives of any litigation or when or where there is a general public awareness of probable litigation. Mayor EVANS informed the Council of the need of an Executive session to discuss litigation proceedings. It was moved by HARDY and seconded by LYONS to go into Executive session as provided under Idaho Code 67-2345, sub-section (f), for the discussion of litigation. Upon vote, LYONS, LUTES, WARD and HARDY voted AYE. Motion carried unanimously. The Executive session was closed at 5:41 p.m. and the Special session promptly resumed. Mayor EVANS presented Remaklus and McAlister's May 1, 1981, statement for $4,455.98, which was litigation attorney fees. It was moved by HARDY and seconded by WARD to approve and authorize payment of Remaklus and McAlister's statement for $4,455.98. Upon vote, WARD, LUTES, HARDY and LYONS voted AYE. Motion carried. HARDY presented a letter from Pioneer Aviation informing the City that they would like to sublease their A-frame p~us ground on the Northwest corner of the airport to the U. S. Forest Service as has been done in past years. Lease to be for six (6) months beginning the middle of May. The Council had no objection to this sublease. Mayor EVANS adjourned the meeting at 6:00 p.m. until Monday, Jun~~981~, p.m. / - /d / JUNE 1, 1981 The McCall City Council met in Regular session Monday, June 1, 1981, at 7:00 p.m. Mayor EVANS presiding. Those present were Councilmen WARD, LYONS, and HARDY, Adminis- trative Assistant Seetin, Building Inspector Trahan, Attorney Remaklus and City Clerk Fogg. Councilman LUTES was absent. The minutes of the meetings of May 4, May 18, and May 20, 1981, were read and approved as read. The State of Idaho, Department of Lands' letter regarding an application from Sports Marina to install additional boat moorage in Payette Lake adjacent to City Property in Lot 2, Section 9, Township 18 North, Range 3 East, B.M. in Valley County, was presented for review. Following discussion of the encroachment of the diagram of the dock expansion, which extends the dock moorage as well as widens the area between the moorage, it was moved by WARD and seconded by LYONS to reply in the affirmative. Upon vote it was carried unanimously. The McCall Planning and Zoning Commission action on May 5, 1981, of denial of the reguest of Alice Dunlap to reclassify the zone of her property, Lot 1 through 12, Block 6, Lardo Subdivision, from A-Low Density Residential to C-Commer- cial and the denial of the request of Vicki Abram and Marc Anderson to reclassify the zone of their property, Lot 1 through 12, Block 5, Lardo Subdivisio~ from A-Low Density Residential to C-Commercial was discussed at length. Fol- lowing the discussion, it was moved by Hardy and seconded by LYONS to uphold the ruling of the Planning and Zoning Commission with regard to the requests by Alice Dunlap and Vicki Abram and Marc Anderson for zone reclassification because of the same findings as required by 3-24-4. Those reasons being: That, until a density limit is placed on commercial property with residential development, there should be no further changes of property to Commercial zone. Also, as the Abram-Anderson property would be between residential properties, there is no guarantee as to future use, the change should not be approved at this time, when there is no density limit set. Upon vote, the motion was carried unanimously. Mayor EVANS reported that the Planning and Zoning Commission had reviewed the Airport Zoning Ordinance and had returned it to Smith and Kangas for some changes. At the May 25th, 1981, meeting of the Area of City Impact Planning and Zoning Commission, the Commission recommended approval of the reauest of Robert L. Day for a Special Use Permit to allow Day to construct a stairway and decking on this lakeside property at Lot #50, Payette Lakes Cottage Sites. As required by 3A-20-4, the findings used to approve this request are: This area's erosion problem can only get progressively worse and the plans proposed by Mr. Day seem a logical approach to correct the problem. The structural plan is not detrimental to the area aesthetically. Building Inspector Trahan concurred with the findings and the proposed remedial plans. Following discussion, it was moved by HARDY and seconded by WARD to uphold the Area of City Impact Plan- ning and Zoning Commission's approval of Robert L. Day's request for a Special Use Permit to allow him to construct a stairway and decking on this lakeside property at Lot #50, Payette Lakes Cottage Sites per reasons as stated above. Upon vote the motion carried unanimously. Mayor EVANS appointed Jim Arp to fill one of the vacancies on the Area of City Impact Planning and Zoning Commission. It was moved by WARD and seconded by LYONS to confirm the appointment of Jim Arp to the Area of City Impact Joint Planning and Zoning Commission. Upon vote, motion carried unanimously. Linda Eichelbarger requested permission to operate a mobile ice cream business in McCall. She submitted a letter giving details of her proposed project. Mary V. Wallace, Ladies Auxiliary President of the Full Gospel United Pentecostal Church, had submitted a letter, received June 1, 1981, requesting a permit to sell conces- sions such as snow cones, suckers, peanut brittle and baked goods from their chalet throughout the summer. After some discussion, it was the decision of the Council to have Attorney Remaklus research requests and recommend Council policy procedure. REMAKLUS read at length proposed Ordinance No. 429, an ordinance establishing and creating a Capital Improvement Fund. HARDY introduced and moved adoption of proposed Ordi- nance No. 429, AN ORDINANCE ESTABLISHING AND CREATING A CAPITAL IMPROVEMENTS FUND BY WHICH TO DEPOSIT THE MONEYS RECEIVED FROM THE LEVY AND/OR COLLECTION OF SEWER CONNECTION AND/OR TREATMENT PLANT CONNECTION CHARGES FOR THE CONS- TRUCTION, IMPROVEMENT, ENLARGEMENT OR MAINTENANCE OR SEWER LINES, OR SEWER TREATMENT FACILITIES AND DECLARING AN EMERGENCY. It was moved by WARD and seconded by HARDY to suspend the rules for passage of proposed Ordinance No. 429, and upon vote was carried unanimously. HARDY seconded the motion for adoption of proposed Ordinance No. 429. Upon vote WARD, HARDY and LYONS voted AYE. Ordinance No. 429 was duly adopted. REMAKLUS presented proposed Ordinance No. 430, an ordinance relating to sewers and sewer treatment facilities of the City of McCall, which was read at length. LYONS introduced and moved adoption of proposed Ordinance No. 430, AN ORDINANCE RELATING TO SEWERS AND SEWER TREATMENT FACILI- TIES OF THE CITY OF McCALL; REPEALING CHAPTER 4 OF TITLE VIII OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDI- TION OF A NEW CHAPTER 4 THERETO:PROVIDING CLASSIFICATION OF SEWER USERS; PROVIDING FOR MONTHLY SEWER SERVICE CHARGES, ESTABLISHING RATES THEREFOR AND PROVIDING FOR DISPOSITION OF SUCH CHARGES; PROVIDING FOR TRUNK SEWER AND TREATMENT PLANT CONNECTION CHARGES, ESTABLISHING RATES THEREFOR AND PROVIDING FOR DISPOSITION OF SUCH CHARGES; PROVIDING FOR SEWER SERVICE CONNECTION CHARGES, ESTABLISHING SUCH CHARGES AND PROVIDING FOR DISPOSITION THEREOF; PROVIDING FOR CHANGE OF USE OF PROPERTY AND PROVIDING A METHOD OF ESTABLISHING TRUNK SEWER AND TREATMENT PLANT CONNECTION CHARGES AND SEWER SERVICE .CONNECTION CHARGES UPON A CHANGE OF USE; PROVIDING FOR DISCONNECTION AND PLUGGING OF SEWER FOR NON-PAYMENT AND DELINQUENCY IN PAYMENT OF SEWER CHARGES AND FEES AND CON- NECTION FEES ESTABLISHED HEREIN; PROVIDING PENALTIES AND PROVIDING THAT ALL OF SUCH FEES IF NOT PAID AS PROVIDED HEREIN SHALL CONSTITUTE A LIEN UPON THE PREMISES SERVED BY AND CONNECTED TO THE SEWER SYSTEM AND PROVIDING THAT DELIN- QUENT CHARGES AND FEES AND PENALTIES SHALL BE CERTIFIED TO THE TREASURER, EX-OFFICIO TAX COLLECTOR OF VALLEY COUNTY, IDAHO, AND COLLECTED THE SAME AS TAXES ARE COLLECTED. It was moved by HARDY and seconded by WARD to suspend the rules for passage of proposed Ordinance No. 430 and upon vote motion carried unanimously. HARDY seconded the motion for adoption of proposed Ordinance No. 430. Upon vote HARDY~ WARD and LYONS voted AYE. Ordinance No. 430 was duly adopted. Proposed Ordinance No. 431, an ordinance relating to build- ing permits, was presented and read at length by Attorney REMAKLUS. HARDY introduced and moved adoption of proposed Ordinance No. 431, AN ORDINANCE RELATING TO BUILDING PERMITS; AMENDING SECTION 2-1-14A OF THE VILLAGE CODE OF McCALL, IDAHO, AS ENACTED BY ORDINANCE NO. 422 PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL ON FEBRUARY 2, 1981; PROVIDING THAT NO BUILDING PERMIT SHALL BE ISSUED UNLESS ISSUED SIMULTANEOUSLY WITH PAYMENT OF TRUNK SEWER AND TREATMENT PLANT CONNECTION CHARGES IN ADDITION TO OTHER FEES SET FORTH THEREIN. It was moved by LYONS and seconded by WARD to suspend the rules for passage of pro- posed Ordinance No. 431 and upon vote motion carried unanimously. LYONS seconded the motion for adoption of proposed Ordinance No. 431 and upon vote LYONS, HARDY and WARD voted AYE. Ordinance No. 431 was duly adopted. Attorney REMAKLUS is to research allowable increase in beer and wine licenses~ A letter from "Turk" McMurtrey of HK Contractors, Inc. dated May 22, 1981, was read in full regarding the surface restoration in the area of construction of Interceptor B, Phase I, McCall, Idaho through the golf course. It was pro- posed that the City of McCall relieve H-K Contractor.s of the liability of the remaining surface repairs for the lump sum price of $3,300.00, and that the City of McCall will furnish HK Contractors, Inc. an easement release to this affect. Upon Attorney REMAKLUS' recommendation, HARDY moved and it was seconded by Lyons that the City take action to accept the proposal and, upon receipt of the Release Agreement and payment, authorize the Mayor and Clerk to execute the release. Upon vote, it was carried unanimously. REMAKLUS reported that Hunnicutt of Golfscapes, Ltd. is working in Idaho and has assured the City of at least partial payment of public monies owed. REMAKLUS has noti- fied the Washington attorneys that the case will be taken care of in Idaho but, if necessary, he will follow through with the Washington attorneys. The City received a letter from Riley Hill General Contrac- tom, Inc., dated May 20, 1981, informing the City that his bid for construction of the Mill Park project contained a significant error, that he could not execute a contract without adjustment of the price to correct the mistake of $24,750.00 additional amount, and, in the alternative, he would withdraw his bid and permit award to the next lowest bidder without protest. A letter from Richard Carothers Associates, dated May 29, 1981, was read at length. It addressed the above situation with a firm recommendation that McCall City would best be served by accepting the second low bid with selected alternates and gave their reasons for such recommendation. Following discussion, REMAKLUS proposed a Resolution to rescind the Resolution of awarding the McCall Mill Park construction bid to Riley Hill General Contractors, Inc. and award such bid to C. M. Con- struction Co., next lowest bidder. The following Resolution was introduced in written form by Attorney REMAKLUS, was read in full, and pursuant to motion made by WARD and seconded by HARDY, was adopted by the following vote: AYE - HARDY, WARD and LYONS. NAY - none. The Resolution was adopted as follows: BE IT RESOLVED that the resolution adopted May 18, 1981, by the Mayor and Council of this City of McCall accepting the bid of Riley Hill General Contractors, Inc., to construct site development, McCall Mill Park, awarding this contract and authorizing the Mayor and Clerk to execute the contract recinded and declared for naught upon the ground and for the reason of a substantial clerical error in this bid, timely notice of which was given, and that Riley Hill General Contractors, Inc. be allowed to withdraw his bid, BE IT FURTHER RESOLVED that the second low bid of C. M. Co., Inc., 2688 Grover Ct., Boise, Idaho 83705, for site development of McCall Mill Park be accepted, the contract awarded to C. M. Co., Inc., upon the execution of said Federal Regulations Associated With Land & Water Conservation Funding For McCall Mill Park L&WCF#16-00385, and the Mayor and Clerk of the City and they are hereby authorized and directed to execute the contract for con- struction of such project on behalf of the City of McCall. It was moved by HARDY and seconded by WARD to approve C. M. Co., Inc. base bid of $166,765.00 plus add alternates B and D and subtract deduct alternate D for a total of $219,104., obtain a performance and bid bond, and give him an order to proceed. Upon vote, WARD, LYONS and HARDY voted AYE. Motion carried. HARDY recommended that the City Council implement the air- port fees as called for in the Airport Master Plan. Follow- ing discussion of tie down fees and fuel tax fee, it was the consensus of the Council that an Ordinance be drawn to implement such fees. The Council agreed to an entrance to the Forest Service parking in the general area as called for in the Airport Master Plan. HARDY reported that the Library had gone to shorter hours for employees and revised schedule of open hours in order to cut their budget needs. Following discussion on monies available for paving, it was the consensus of the Council to pave Floyd Street from Highway 55 to Allen Street and Highway 55 and Timm Street. An Application for Wine-by-the Drink for Shavers #2 with a check for the $100. license fee and Chief Lyon's recom- mendation for approval was presented for action. It was moved by HARDY and seconded by LYONS to grant Shavers #2 store at 200 Lake Street a Wine-by-the-Drink license. Upon vote, LYONS, WARD and HARDY voted AYE. Motion carried. Floyd Blamires and Hal Sager dba Cargo West of McCall submitted an Application for Transfer of Beer and Liquor License issued to Mason Wilkins by Claire Snider dba The Cellar Bar, an Application for Beer License not to be consumed on the premises, and an Application for Wine-by- the-Drink license. Police Chief recommended approval. Fol- lowing discussion, it was moved by LYONS and seconded by HARDY that the Transfer of Beer and Liquor License, the Beer License (not to be consumed on the premises) and the Wine-by-the-Drink License to Blamires and Sager dba Cargo West of McCall be approved. Upon vote, motion carried. J. R. Erickson made a verbal complaint with regards to allowing old homes to be moved into a well established area, which old home decreases the value of the property in the area. Mr. Erickson and Glen Jacobsen formally complained about the loose and dangerous dogs on Wanda Street in the Thompson- Wolley addition. Mayor EVANS assured them that the problem would be investigated. The following bills were read for payment: No. 2622 Idaho First National Bank $27,396.00 2623 Dennis P. Babineau 200.00 2624 Donald R. Broughton 250.00 2625 Hugh H. Cooke 200.00 2626 Raymond W. Earls 250.00 2627 John L. Lyon 250.00 2628 Larry S. Olson 250.00 2629 Roger W. Rockwell 250.00 NO. 263O 2631 2632 2633 2634 2635. 2636 2637 2638 2639 2640 2641 2642 2643 2644 2645 2646 2647 2648 2649 2650 2651 2652 2653 2654 2655 2656 2657 2658 2659 2660 2661 2662 2663 2664 2665 2666 2667 2668 2669 2670 2671 2672 2673 2674 2675 2676 2677 2678 2679 2680 2681 2682 2683 2684 2685 2686 2687 2688 2689 2690 2691 2692 2693 2694 2695 2696 2697 2698 2699 2700 2701 2702 2703 2704 2705 Terry A. Sharp Paul K. Trahan Donald B. Van Cleave Recorder, Valley County Dennis P. Babineau Association of Idaho Cities Boise State University IDASTRIES Flexible Pipe Tool Co. Remaklus & McAlister, Lawyers VOID ~cCall Mercantile Dennis P. Babineau Roger D. Bates Sandra K. Bates Donald R. Broughton Elaine Bustos Gloria L. Cantrell Joye S. Catlin Larry Chalfant Hugh H. Cooke James F. Creech Lorne D. Dalgleish John B. Drips Raymond W. Earls Bill A. Evans Donald L. Fitzwater Margaret E. Fogg Jess S.Haldeman James ;W. Hardy Sophie T. Howard John Lewinski Clifford Lutes John L. Lyon James R. Lyons Brian S. Mickels Blaine Murray Ralph R. b{urray Larry S. Olson Robert H. Remaklus Kay L. Rhodes Roger W. Rockwell W.O.J. Seetin W.0.J. Seetin Terry A. Sharp David B. Smith Paul K. Trahan Donald B. Van Cleave Ernest E. Ward Priscilla A. Ward Robert V. Wilson Ernest H. Woods State of Idaho, Auditor Idaho First National Bank VOID Association of Idaho Cities American Family Life Assurance Co. Postmaster Public Employee Retirement System Postmaster McCall Police - Petty Cash City Clerk - Petty Cash Water/Sewer Department - Petty Cash State of Idaho withholding tax State of Idaho sales and use tax Maury Ainger Rick Bollar Bill Botsford Ron Bowling Tom Chaloupka Dan Cochran Dempsey Eddins Tim Everhart Don Fitzwater Martin Fitzgerald Tom French $ 250.00 250 00 250 00 10 00 5000 50 00 11160 25.70 95.06 4,455.98 20.00 282.97 763.08 709.38 662.42 228.77 449.50 635.28 1,051.86 665.49 101.28 538.43 672.36 503.50 83.01 76.42 791.67 140.73 66.51 658.70 953.85 66.51 971.74 66.51 863.06 482.50 671.90 785.70 564.11 56.01 775.42 1,299.35 235.17 313.99 1,067.20 582.36 649.28 70.01 298.39 289.46 219.07 4,291.02 4,342.60 1,517.63 32.00 36.00 4,160.97 128.40 20.41 17.02 19.93 1,209.20 696.07 10.50 7.00 17.50 14.00 3.50 14.00 10.50 14.00 17.50 17.50 14.00 No. 2706 2707 2708 2709 2710 2711 2712 2713 2714 2715 2716 2717 2718 2719 2720 2721 2722 2723 2724 2725 2726 2727 2728 2729 2730 2731 2732 2733 2734 2735 2736 2737 2738 2739 2740 2741 2742 2743 2744 2745 2746 2747 2748 2749 2750 2751 2752 2753 2754 2755 2756 2757 2758 2759 2760 2761 2762 2763 2764 2765 2766 2767 2768 2769 2770 2771 2772 2773 2774 2775 2776 2777 2778 2779 2780 2781 2782 2783 2784 Bill Haworth Glen Jackson Jack Katzenberger Jim Madden Ken Medley Dave Smith Russ Smith Skip Taylor Dana West Jack Seetin Sandra Bates John L. Lyon Acheson Motors Action Express, Inc. The Art Mart, Inc. Backpacker Baxter Foundry & Machine Works, Inc. Boyd Martin Co. VOID Cal Gas - McCall Cascade Auto Changing Times Chevron U.S.A. Circle R. Market Continental Telephone System Coast Marketing Group Consolidated Supply Doubleday & Co. Electrolux F-Stop Film & Camera Garrett Book Co. General Tire Service Idaho First National Bank Idaho Power Co. Idaho Sporting Goods Ingram Just Copy's Inc. Lake Shore Disposal Mark's Chevron Service May Hardware, Inc. McCall Rexall Drug Medley Sports Men's Wardrobe The Merc Michael John National Geographic Society Northwest Business Systems O.M. Scott & Sons Co. OSC Data Payette Lakes Lumber Co., Inc. Pendleton Farm & Garden VOID Poets & Writers QPBC, Inc. Quill Corporation Remaklus & McAlister, Lawyers Ron's Shell Service Rowland Bros. SArgent-SOwell, Inc. Shaver's Snowbird Laundry Sonny's Tire Service Stan's Auto Parts Star News Star News State of Idaho Steve Regan Co. Time/Life Troy Laundry & Dry Cleaning The U. S. Congress Handbook U. S. News & World Report Union Oil Co of CA Vicco Plumbing The Wallace Shop Western Equipment Co. Western Equipment Co. William A. Kirk Ins. Action Express Inc. McCall General Supply Co. 7.00 3.50 17.50 14.00 3.50 17.50 7.00 10.50 7.00 9.84 53.19 11.10 137.00 41.83 120.71 11.97 1,203.90 249.86 18.54 77.94 7.00 1,983.61 9.91 616.10 69.69 978.29 64.48 451.65 26.80 109.75 366.23 416.52 4,145.23 60.00 286.82 43.50 166.06 128.86 226.40 1.29 23.64 16.19 4.25 425.00 11.50 729.69 502.50 221.40 28.09 3.98 16.95 1.46 43.80 234.00 92.93 451.40 45.59 21.68 70.00 103.72 75.63 12.00 202.56 50.00 507.17 8 53 12 90 6 00 31 00 66 50 50 10 26 50 669 38 1,324.38 60.00 10.20 3.05 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 WARD, HARDY and LYONS voted AYE. Motion carried unanimously. Mayor EVANS adjourned the meeting at 10:56 p.m. until at 7:00 p.m. c le / JUNE 29, 1981 The McCall City Council met in Special session Monday, June 29, 1981, at 8:00 a.m. Mayor EVANS presiding. Those present were Councilmen HARDY, LUTES, LYONS and WARD, and Attorney Remaklus and City Clerk Fogg. The Special meeting was called to consider the request of Charles Nicholas, Payette Lakes Water and Sewer District Attorney, for an extension of the moratorium and other business that may come before the Council. Mayor EVANS explained the Hold Harmless Agreement between the City of McCall, Payette Lakes Water and Sewer District and HK Contractors. In laying the Ince~tor B, Phase I line, they had to cross the Golf Course on line. The lines are in but the contractors had not had time to clean up. Councilman WARD, councilman in charge of the Golf course, and Golf Pro Drips had requested HK not to return the ground to its ori- ginal condition as they preferred to have the Golf Course crew do such work. HK Contractors is to pay the City of McCall $3,300. in consideration of their not returning the ground to its original condition. It was moved by WARD and seconded by HARDY to accept the Release Agreement between the City of McCall, the Payette Lakes Water and Sewer Dis- trict, and NK Contractors, Inc. and to authorize the Mayor and Clerk to execute the agreement. Upon vote HARDY, WARD, LUTES and LYONS voted AYE. Motion carried unanimously. Mayor EVANS reported on the Payette Lakes Water and Sewer District decisions made at their June 25th, 1981, meeting, stating that the main purpose primarily for this special meeting today is to answer a request made by the P.L.W.&S. District Attorney, Charles Nicholas. His original request was for the meeting to be held June 26th, which gave the City no time to give proper notice according to Idaho Code. Nicholas advised that he had prepared Injunction documents, unless the City would agree to a 30 or 60 day extension of the moratorium on the sewer hookups, so the special meeting would have to be no later than 8:00 a.m. Monday, June 29, 1981. Mayor EVANS explained the question before the Council is whether or not the Council is in favor of extending the moratorium on multi-family dwellings, non-owner owned businesses, and single family dwellings or is it the City Council's desire to allow the moratorium to terminate on the date set to expire, which would allow sewer hookups to be available in the City's lagoon capacity on July 1, 1981. There was a lengthy discussion pertaining to information derived which led to Nicholas' request; legality of mora- torium request; sewer lagoon flow figures; building permits pending P. & Z. approval; Capital Improvement fund implementa- tion; offers to use effluent for ground irrigation; needs of the P.L.W.& $. District and the possibility of leasing some of their capacity until needed, with plans to enlarge lagoon as funds are available, and permission granted by State; should there be an allocation system for sewer hookups and, if so, recommendations for a system to be used. Councilman HARDY said, in his opinion, the Sewer District seems to want to spend more time trying to sue somebody rather than wanting to complete the sewer system. He commented further that~ if this is the way the Sewer District wants to go, the City should look into the feasibility of canceling all Payette Lakes Water & Sewer District agreements, taking monies received from our building permits to try to correct our infiltration flow and proceed with necessary engineering to expand our lagoons. Following further discussion, it was moved by HARDY and seconded by LYONS that the City Council has gone on record not to extend the building moratorium, which was imposed March 3, 1981, for 120 days, beyond its termination date of July 1, 1981. Upon vote LYONS, HARDY, WARD and LUTES voted AYE. There being no NAY votes the motion carried unan- imously. It was moved by HARDY and seconded by LYONS that the Council request the City Attorney to research the feasibility of canceling all agreements the City has with the Payette Lakes Water and Sewer District. Upon vote LYONS, HARDY, WARD and LUTES voted AYE. Motion carried unanimously. Attorney Remaklus explained procedure necessary to implement an interim moratorium. Mayor EVANS informed the Council that he had talked with George Wagner, J.U.B. Engineers, regarding the tractor requirement for the lagoon and their decision had been very much to the effect that they would purchase a three or four inch pump trailer, mounted with a gasoline-powered engine to drive the pump. Also, they would purchase a scraper to skim the top layers of sand off the filter beds with the City using their heavy equipment to pull the scraper. This is not the equipment requested, but the City may have to settle for this type of set up. The Council requested that Max Pelham appoint a committe of three from their group to recommend a system of making allocation permits with regards to the growth factor per year. They are to be a cross section of the Payette Lakes Home Area Improvement Association, Inc. group and the Council is to be notified of the committee names in order that they can be notified when the Planning and Zoning Commission wants to work on the problem. The Clerk reported that requests for sale of fireworks had been made by Larry Bouck, L.D.S. Activities Director, for July 1, 2, 3 and 4 at Ed Bruce area location and the Lions Club for July 1st through July 4th at the Merc parking lot. The Cham- ber of Commerce has asked for permission to have the Fireworks Display on the night of July 4. It was the consensus of the Council that there was no objection to allowing the requests as long as each complies with the "safe and sane fireworks" ordinance. Seetin reported that he had talked with Norm Edwards, State Highway Department regarding the cracks in the airport pave- ment which a study had been made, Seetin was informed that the State crew would be through in September or October to seal the cracks and the cost would be approximately $2,500. Seetin inquired as to whether we should investigate having a private outfit do the work. Following discussion, the consensus of the Council was to wait and have the work done by the State. Beer and Wine Applications for Kenneth Davis, Aspen Market and David Bradley, Family Restaurant, were presented. Both had been recommended by Chief Lyon. It was moved by HARDY and seconded by WA~to approve the Application for Wine License (Retail) and the Application for Beer License (not to be con- sumed on the premises) for Kenneth L. Davis, Aspen Market and the Application for Beer License (both to be consumed and not to be consumed on the premises) and Wine-by-the-Drink Appli- cation for David Bradley, Family Restaurant. Upon vote motion carried unanimously. An Application for Amusement Device License for Orval West and Dwayne Exley dba Dudley's Family Fun and Games was presented for consideration. They are to have thirteen (13) machines, will be located in the Dryden building at 401 E. Lenora, will own their machines, and there will be no wine or beer served. It was moved by HARDY and seconded by WARD to approve the application request of Dudleys Family Fun and Games for amuse- ment devices upon the City Attorney's a~roval of the a~pli- cation form and contingent upon the area neighbor's consent to the type of business and the recommendation for approval from Chief Lyon. Upon vote the motion was carried unanimously, A request to move a trailer of amusement devices in during the 4th of July weekend, which would be placed on private property, was held pending notification of where it was to be located and the Police Chief's recommendation. It was the consensus of the Council that the applicant be charged a "Hawker's" license in addition to an Amusement Device license fee. McGraths Associates' request for a Hawker's license for a new furniture auction at the Pioneer Aviation Hangar was discussed at length. It was moved by HARDY and seconded by LYONS to refuse McGrath Associates application to have a furniture auction at Pioneer Aviation hangar. Upon vote motion carried unanimously. Attorney Remaklus was requested to prepare a Business Licensee Fee ordinance. Attorney Udell addressed the Council regarding the moratorium stating in part that it can be lifted at any point and time and as long as there is a Council meeting this morning I would suggest, and I would request, the Council consider a new motion to lift it effective this morning. At least give those people that are entitled to permits on a limited scoop the availability to do it before whatever the sewer district'~s actions are going to be. Udell claimed the building permits should be issued at the time of payment of fees and there was no need for any further approval. Mayor EVANS explained that the Chairman of the Planning and Zoning Commission said that the City ordinance established tells them what to do when they write approval on the building permit application or the drawings. Signed by the Planning and Zoning Commission Chairman, the ordinance requires that they issue the building permit at that time. Since the moratorium prohibits issuing of the building permit because a sewer permit cannot be issued with it, he will not sign these permits "as approved~'. That is the contention of the Planning and Zoning Commission Chairman. These permit applications have all been checked by the building inspector and the following letter sent out stating the reason as it does: Upon lifting the moratorium the application will be processed by the Commission with the priority date being established. Mr. Allen still contends he'll sign "as approved" on the date of their meeting upon lifting of the moratorium. Attorney REMAKLUS advised that the City's moratorium, as I understand it, was declared at the request of the sewer district for 120 days. It looks like it to be a breach of faith to lift it sooner. This is a policy decision for the Council to face Se~. this morning. It was the consensus of the Council to make no changes in their decisions. Mayor EVANS adjourned the meeting at 9:48 a.m. until Monday, Ci~ ~erk ' ~ JULY 6, 1981 The McCall City Council met in regular session Monday, July 6, 1981, at 7:30 P.M., Chairman HARDY presiding. Those present were Councilman WARD, Administrative Assistant Seetin and City Clerk Fogg. Those absent were Mayor EVANS, Councilman LYONS and LUTES, Attorney Remaktus and Building Inspector Trahan. Chairman HARDY announced that due to the lack of a quorum and the absence of the City Attorney, the meeting will be recessed at 7:35 P.M. until Tuesday, July 7, 1981, at 8:00 A.M. N~or ' Cit y lerk JULY 7, 1981 The McCall City Council met for the continuance of the July 6th recessed meeting Tuesday, July 7, 1981, at 8:00 A.M., Mayor EVANS presiding. THose present were Councilmen LYONS, HARDY and WARD, Attorney Remaklus, Admininistrative Assistant Seetin, Building Inspector Trahan and City Clerk Fogg. Councilman LUTES was ab- sent. The minutes of June 1, 1981 and June 29, 1981, were read and approved as read. Mayor EVANS read from the June 2, 1981, Planning and Zoning Com- mission meeting minutes that Chairman Allen had reported on a meeting held by Mill Run representatives, Mayor Evans, Attorney Remaklus, Trahan and Allen. They discussed the discrepancies of the number of units approved at the Planned Unit Development Public Hearings in 1978. The following will be noted on the face of the March 28, 1978, McCall Planning and Zoning minutes to read: "Upon review of documents on May 28, 1981, it was determined that an error had been made in the March 28, 1978, minutes which should show that Phase I be approved with 48 units and Phase I1 and III with 160 units, a total of 208 units in the Red Mill PUD." In order to properly document the amendments, it was moved by HARDY and seconded by LYONS that the Council have the paragraph just read included in the minutes of this Council meeting as a Plan- ning and Zoning Commission recommendation approved by the Council. Upon vote the motion carried unanimously. The Hard Plat of Rustic Village Condominiums was submitted for approval by Treasure Valley Construction. Mayor EVANS questioned the Club House shown on the Mylar which was not on the original application approved. Attorney Remaklus had reviewed documents and found them to be in order. After discussion and explanation that the Club House is being remodeled from a building already built on the property, it was moved by HARDY and seconded by LYONS to approve the Mylar for Rustic Village Condominiums, inclusive of Club House, and instruct the Mayor and Clerk to sign the Hard Plat based upon the approval of the Planning and Zoning Commission. Upon vote, motion carried unanimously. McCall Planning and Zoning Commission made the recommendation at their June 16, 1981, meeting, after public hearing, the denial of the request of George Klind for a reclassification of zone from F-1 to F-3 within the Urban Agriculture and Recreation District. As required by 3-24-4, the Commissions findings for the, denial are as follows: proposed platting shows only three lots assured access; no assured water, sewer and power; Commission has no wish to increase City expenses at this time in regard to providing ser- vices; and the area between the proposed development and the City's higher density area is not being rezoned and the Commission desires to have.growth on adjacent property to equal or higher density prior to rezoning outlying areas. Klind protested denial of his request for a reclassification of zone from F-1 (1 unit per ten acres) to F-3 (1 unit per one acre) and gave his reasons by sub- mitting additional information regarding his project which had not been presented at the hearing. Attorney Gregg Pittenger, re- presenting Mr. Crowley, requested that the City Council not consi- sider any information just submitted by Mr. Klind that was not contained in the original application and should make their deci- sion on the record submitted at the Planning and Zoning Public Hearing. After lengthy discussion and Attorney Remaklus' research of the ordinances, Remaklus explained to Klind that you are going to have to make a decision as to whether or not you want this Board to make a decision on the record from the Planning and Zon- ing Commission or whether you want to go back and file an Admin- istrative appeal and point out the errors, or what you feel are errors, made by Planning and Zoning Commission. Klind insisted on a decision at this time. It was moved by LYONS and seconded by HARDY to uphold Planning and Zoning Commission's recommendation for denial of George Klind's request for a reclassification of zone from F-1 to F-3 within the Urban Agriculture and Recreation zone. Upon vote, the motion carried unanimously. At June 22, 1981, meeting of the Area of City Impact Planning and Zoning Commission, the Commission recommended approval of the request of Louis Clark for a Special Use Permit to allow him to construct Mini-storage Buildings within the present zone of E-Agricultural. As required in 3A-20-4, the Commission agrees that this request does not violate the objectionable items as outlined in 3A-18-5 (Special Use Permit); the majority of the immediate surrounding property onwers do not object; the pro- posed use will be virtually pollution fee; and there will not be a large increase in the request for City services due to this request. It was moved by HARDY and seconded by WARD to approve Area of City Impact Planning and Zoning Commission's recommendation of approval of Louis Clark for a Special Use Per- mit to allow him to construct Mini-storage buildings within the present zone of E-Agricultural. Upon vote the motion carried unanimously. As of June 22, 1981, meeting of the Area of City Impact Planning and Zoning Commission recommends approval of the request of Bill Garber for a Special Use Permit and Variance for his Lot #8, Shady Beach Community and read from the ordinance 3A-19-1 (a) through 3A-19-1 (c). It was moved by HARDY and seconded by LYONS to approve Bill Garber's request for a Special Use Per- mit and a Variance for his lot #8, Shady Beach Community. Upon vote the motion carried unanimously. Mayor EVANS informed the Council that the Area of City Impact Planning and Zoning Commission is short one member in Marvin Heikkila's resignation because of press of business. Dale De- Francesco has requested appointment to the Commission, lives in the Impact Area, and has the Commission Chairman's recommenda- tion. Mayor state~ At this time I would appoint Dale DeFrancesco to the Area of City Impact Planning and Zoning Commission and ask for confirmation of the appointment. It was moved by WARD and seconded by HARDY to confirm the appointment of Dale DeFran- cesco to the Joint Planning and Zoning Commission. Upon vote motion carried unanimously. Dan and Nancy Krahn have expressed their desire to purchase and install a bench in Art Robert's Park in memory of their son Christopher. The Council had no objection to this being done and Mayor EVANS is to discuss location of such bench with Dan Krahn. Mayor EVANS informed the Council that Bea Ludington has resigned from the Library Board. It was moved by HARDY and seconded by LYONS to accept Bea Ludingto~s letter of resignation and a letter of appreciation and thanks for the time she spent working on the board be sent. Upon vote, motion carried unanimously. HARDY reported that he had received a recommendation from the Library Board that Karen Batt be named as replacement. It was moved by HARDY and seconded by WARD to appoint Karen Batt to the McCall City Library Trustee Board. Upon vote, motion car- ried unanimously. Attorney Remaklus read at length proposed Ordinance No. 432, an ordinance relating to Municipal Licenses. WARD introduced and moved adoption of proposed Ordinance No. 432, AN ORDINANCE RE- LATING TO MUNICIPAL LICENSES; AMENDING SECTION 4-1-6 OF THE VILLAGE CODE OF McCALL, IDAHO, TO INCREASE RETAIL BEER LICENSES; AND AMENDING SECTION 4-9-4 OF THE VILLAGE CODE OF McCALL, IDAHO, INCREASING RETAIL WINE LICENSES. It was moved by LYONS and seconded by HARDY to suspend the rules for passage of proposed Ordinance No. 432. Upon vote, motion carried unanimously. HARDY seconded the motion for adoption of proposed Ordinance No. 432 and upon vote HARDY, WARD, and LYONS voted AYE. Motion carried unanimously. Ordinance No. 432 is duly adopted. Attorney Remaklus read the proposed amendments to the zoning ordinance as recommended by the McCall Planning and Zoning Com- mission. Discussion of the various amendments followed. Councilman LYONS was dismissed at 9:55 A.M. for a doctor's appointment. It is noted that the Council no longer has a quorum. Because of the lack of a quorum, no decisions were made regarding the recommended amendments to the zoning ordi- nance. The zoning ordinance amendments will be readvertised for public hearing on August 3, 1981. Mayor EVANS reported on the Temporary Restraining Orde~ regard- ing water and sewer hookups, placed on the City by Payette Lakes Water and Sewer District as of June 29. Attorney Remaklus and Mayor attended a hearing in Boise on June 30, 1981, and Judge Walters imposed a Temporary Restraining Order on the City and set a hearing date on a Temporary Injunction for 10:00 A.M., July 6, at Cascade. The hearing was held yesterday, actually starting at 2:00 P.M. a~d closing at approximately 10:00 P.M. Judge Rowett denied the Payette Lakes Water and Sewer District a Temporary Injunction. Mayor EVANS adjourned the meeting at 10:30 A.M. until 7:30 A.M., Thursday~ July 9, 1981. Ma~or JULY 9, 1981 The McCall City Council met in Special session at 7:30 A.M., Thursday, July 9, 1981, Mayor EVANS presiding. Those present were Councilmen WARD, HARDY, LUTES and LYONS, Attorney Remak- lus, Building Inspector Trahan and City Clerk Fogg. Purpose of the meeting is to approve outstanding City billi~ and complete other regular business for the month. City received a letter from Harmon and Company which is to serve as an agreement for the use by Cablevision of McCall, Inc. of the old water tower for CATV antennas and to confirm the terms under which the space will be used. There were questions on the Maintenance, Termination by City, and Rent paragraphs. Mayor had previous discussions with regards to rent and representa- tives had agreed that the rent would increase annually by the percentage increase of the Consumer Price Index of the previous year. Attorney Remaklus will rewrite the agreement. City was presented a letter from the Retail Merchants Committee, Marilyn Blattner, Chairperson, requesting permission and a permit for their annual Sidewalk Sale and Flea Market on the 25th day of July, and listing the participants. They would like to close off the section of Second Street between Lenora and Park Streets for the Flea Market. Their request has Chief Lyon's approval. It was the consensus of the Council to approve the request of a Sidewalk Sale and Flea Market as proposed and the Chamber would be required to purchase one (1) Hawker's license for all parti- cipants. Councilman LYONS asked that the Council consider erecting signs on dov~town streets stating pedestrians in the crosswalks have the right of way. Following discussion, it was moved by LYONS and seconded by HARDY that we instruct the Police and Street Depart- ments to obtain necessary signs to indicate the pedestrian has the right of way in the crosswalks. Upon vote, motion carried unanimously. Mayor EVANS reported that Max Pelham of McCall Development Corp- oration offered to appoint a committee to work with members of the Council or City offices regarding water and sewer problems and/or Payette Lakes Water and Sewer District, to insure uniform economic growth continues in McCall. Warren Brown has been ap- pointed by the McCall Development Corporation to work with the City on concerns of the Corporation. Mayor EVANS appointed Cliff Lutes and Chairman John Allen of Planning and Zoning Commission to the committee. Remaklus' recommendations were for the City to request engineers' proposals to study sewer plant problems and expansion of lagoon for City growth. Also, City should immediately explore possi- bilities of entering into contracts with landowners willing to take effluent from lagoon for irrigation purposes. Mayor EVANS will request proposals from C.T.M. Engineers , , International Engineers and J.U.B. Engineers, on sewer treatment facility studies. The McCall Planning and Zoning Commission recommended an amend- ment to the Electrical Code as an addition to amendments to the zoning ordinances. Building Inspector Trahan suggested that the City Council con- sider appointing an architectural review committee. In discus- sing this with developers and architects here and outside, they are in favor of such a committee and would actively participate. Council will take suggestion under consideration. Beer and Wine Applications for Gilbert Lee Hamaker, Fast Hamies, Inc., was presented. Chief John Lyon had recommended approval. It was moved by HARDY and seconded by LYONS to approve Gilbert Lee Hamaker's, dba Fast Hamies, Inc., Application for Beer Lic- cense, to be consumed on the premises and not to be consumed on the premises, and Application for Wine License, for Retail Wine sales and Wine-by-the Drink. Upon vote motion carried unanimously. Upon request of the City Clerk, it was moved by LUTES and sec- onded by WARD to appoint Terry Sharp and Sandra Bates as Deputy Registrars for the upcoming City elections. Upon vote motion car~ed unanimously. In order to raise the Mayor and Councilmen's salaries, action must be considered at the July meeting in order to be approved at August meeting. Mayor's present salary is $150.00 per month and the Councilman's salary is $75.00. Following discussion, it was the consensus of the Council to raise the Mayor's salary to $250.00 per month and the Councilmen to $125.00 per month. Remaklus presented proposed Ordinance No. 433, an ordinance re- lated to zoning, which was read in full. HARDY introduced and moved adoption of proposed Ordinance No. 433, AN ORDINANCE RE- LATED TO ZONING; REPEALING ORDINANCE NO. 428 PASSED AND APPROVED MAY 20, 1981; CHANGING ZONE CLASSIFICATION OF CERTAIN PROPERTY IN THE MCCALL AREA OF CITY IMPACT; AND AMENDING THE ZONING MAP OF THE MCCALL AREA OF CITY IMPACT; AND DIRECTING THE CITY AND COUNTY ENGINEERS TO ENDORSE SUCH CHANGES ON SAID MAP. It was moved by LUTES and seconded by LYONS to suspend the rules for passage of proposed Ordinance No. 433. Upon vote, motion car- ried. WARD seconded the motion for adoption of proposed Ordi- nance No. 433. Upon vote, LYONS, HARDY, WARD and LUTES voted AYE. Motion carried unanimously. Ordinance No. 433 is duly adopted. Remaklus reported findings from his research on business lic- ences. He said licenses and/or fees are going to have to be imposed to take care of services provided to the businesses. Suggested using front footage as a basis for license or number of employees. Recommended a public meeting for citizen imput with two or three proposals as to the amounts and specifics. It was decided to set a date of August 10, 1981, for a public informational meeting to discuss implementation of business licenses. Mayor EVANS presented a drawing brought to him by Warren Brown which showed street right of ways that had been previously vacated by ordinance which the County Assessor's office does not show as being vacated. Mr. Brown is interested in giving enough of his property on both sides of East Lake Street, in the vicinity of McCall Hotel, to the City so that the City could have a 60 foot right of way from 3rd Street to Pine Street. Mr. Brown requests vacation of a portion of Fourth Street to the railroad right of way. Remaklus is to ob~tin legal descriptions and acreage of ground involved in trades. The following bills were read for payment: 2785 2786 2787 2788 2789 2790 2791 2792 2793 2794 2795 2796 2797 2798 2799 28OO 2801 28O2 2803 2804 28O5 2806 2807 28O8 2809 2810 2811 2812 2813 2814 2815 2816 2817 2818 2819 2820 2821 2822 2823 2824 2825 2826 2827 2828 2829 2830 2831 2832 2833 2834 2835 2836 2837 2838 2839 2840 2841 2842 Donald R. Broughton Elaine Bustos Hugh Cooke Raymond W. Earls John L. Lyon Larry S. Olson Roger W. Rockwell Terry A. Sharp Paul K. Trahan Donald B. Van Cleave Priscilla A. Ward Idaho First National Bank Redex, Inc. Sterling Codifiers Inc. Idaho First National Bank Postmaster Idaho First National Bank Treasure Valley Bank Mike Eckhart Dennis P. Babineau Roger D. Bates Sandra K. Bates Donald R. Broughton Gloria L. Cantrell Joye S. Catlin Larry Chalfant Hugh H. Cooke James F. Creech Lorne D. Dalgteish John B. Drips Raymond W. Earls Bill A. Evans Donald L. Fitzwater Margaret E. Fogg Michael K. Gantz Jess S. Haldeman James W. Hardy Sophie T. Howard John R. Lewinski Maria C. Lisowski Clifford Lutes John L. Lyon James R. Lyons Brian S. Mickels Blaine Murray Ralph R. Murray Larry S. Olson David H. Pulver Rbt H. Remaklus Kay L. Rhodes Joni L. Rivers Roger W. Rockwell Laura L. Rupe W.O.J. Seetin W.O.J. Seetin Mary E. Shrp Terry A. Sharp David B. Smith $ 250 00 59 42 200 00 25O 00 25O 00 25O 00 25O.OO 25O 00 25O 00 25O 00 98 O2 354 68 54 45 107 00 27,576.14 54 00 1,039 89 146,646 24 176 00 652 62 746 59 709 38 662 42 429 06 635 28 1,051 86 665 49 94 75 709 56 672 36 5O3 5O 83.01 76.42 791.67 561.86 611.28 66 51 658 7O 953 85 469 08 66 51 971 74 66 51 822.68 498 82 814 68 785 7O 193 73 564 11 85 88 230 70 718 92 332 31 1,299 35 235 17 380.19 443.67 1,067.20 2843 2844 2845 2846 2847 2848 2849 285O 2851 2852 2853 2854 2855 2856 2857 2858 2859 2860 2861 2862 2863 2864 2865 2866 2867 2868 2869 2870 2871 2872 2873 2874 2875 2876 2877 2878 2879 288O 2881 2882 2883 2884 2885 2886 2887 2888 2889 2890 2891 2892 2893 2894 2895 2896 2897 2898 2899 2900 2901 2902 2903 2904 2905 2906 2907 2908 2909 2910 2911 29!2 2913 2914 2915 2916 2917 2918 Paul K. Trahan Donald B. Van Cleave Ernest E. Ward Robert V. Wilson Ernest H. Woods State of Idaho, Auditor Idaho First National Bank State of Idaho Public Employee Retirement Association of Idaho Cities American Family Life Assurance Public Employee Retirement System Postmaster Postmaster Margaret E. Fogg Maury Ainger Rick Bollar Bill Botsford Ron Bowling Tom Chaloupka Dan Cochran Dempsey Eddins Tim Everhart Martin Fitzgerald Don Fitzwater Tom French Bill Haworth Jack Kathzenberger Jim Madden Dave Smith Russ Smith Skip Taylor Dana West Jeffrey Bendio Bill A. Evans Teresa McCalister Sandra Bates Jack Katzenberger Larry S. Olson Winona G. Peterson John Lewinski J. R. Barnett Jim Barnett Diane Brown Johnny Brown Michael Dacharne Rob Dodge Thera Duel Paul Mann Derald Marti Joe Pastori Bob Smith Acheson Motors Action Express, Inc. Alaska Northwest Publishing Co. Art Mart Bidall Bill's Grocery Boise Public Library Boyd Martin Co. Brundage Office Supply C. & S. Contracting Cascade Auto, Inc. Century Laboratories Chevron USA Inc. Chi~ren's Press Coast Marketing Group Consolidated Supply Co. Continental Telephone Co. Dan's Saddlery Decker's Inc. Doubleday & Co., Inc. Doubleday Book Club Eagle G. A. Thompson Co. High Mountain Nursery $ 582.36 649.28 70.01 691 95 219 07 4,841 61 4,787 30 1,332 90 4,477 34 1,550 82 32 00 253 09 18 00 131.52 119.24 8.5O 12.00 15.50 10.50 3.5O 7.OO 7.OO 12.00 12.00 19.00 14 00 7 00 10 5O 79 00 10 5O 15 5O 12 00 15 5O 6O 00 54 5O 108 25 74 75 20 00 309 25 95 00 207 62 75 00 75 00 67 5O 52 5O 6O 00 81 00 25 00 75 00 52 5O 114.00 82 5O 67 00 9 00 15 40 10 02 120 61 19 57 53 15 29 75 41 13 70 34 3O O6 229 00 3,136 00 16 60 25 66 154 38 625.06 86 20 230 50 48 71 5 38 169 99 133 40 3 6O 2919 2920 2921 2922 2923 2924 2925 2926 2927 2928 2929 2930 2931 2932 2933 2934 2935 2936 2937 ~938 2939 2940 2941 2942 2943 2944 2945 2946 2947 2948 2949 2950 2951 2952 2953 2954 2955 2956 2957 2958 2959 2960 2961 2962 2963 2964 2965 2966 2967 2968 ,2969 2971 2972 2973 ,2974 2976 2977 2978 2979 *2970 *2975 Great Western Chemical Co. Green Acres Honey Dippers VOID Idaho Dept. of H & W Idaho First National Bank Idaho Power Ingram Jeffries' Contracting Jerry's Just Copy's Mark's Chevron Service May Hardware Inc. McCall General Supply Co. McCall Rental & Sales McCall Rexall Drug McCall Shirt Works McGraw-Hill Book Co. Medley Sports Merc, The Metrotech Margery M. Moser, M.D. National Wildlife Federation Northwestern Industrial Lamp Co. OSC Data Office of State Tax Commission Outside Pacific Northwest Publishers Central Bureau Payette Lakes Lumber Co., Inc. QPBC, Inc. Referee Rbt H. Remaklus Rowland Bros. Salskov Transfer Seaboard Pencil Co., Inc. Shaver's Silver Burdett Co. Skip's Texaco Snowbird Laundry & Dry Cleaning Sonnys Tire Serv & Auto Parts Sports Marina Stans Auto Parts Starline Equipment Co. Star News VOID Steve Regan Co. Time Life Books Troy Lndy & Dry Cleaning Turf Equipment Co. Union Oil Co. Valley Pump & Equip Wallace Shop, The Water & Waste Water Equip Western Auto William A. Kirk Agency Woodsman, The Idaho Concrete Pipe Co. Postmaster Valley County Treasurer Western Equipment Company $ 470.00 8O.OO 60.00 15.00 416.52 2,998.80 69.11 111.16 81.20 200.00 126 20 241 07 10 4o 96 39 17 58 41 25 62.80 94.04 25.26 137.29 70.00 6.OO 118.20 225.60 668 84 12 O0 12 O0 19 88 127 60 ~ 11 25 O0 2,120.00 540.00 241.90 212.85 15 9O 10 O7 8 86 92 25 110 01 6 50 276 73 162.50 161.25 100.00 35.74 6.45 261.21 55.72 109.15 35.52 5,717.89 4.69 4,179.20 19.50 871.40 72.00 1,324~ 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, HARDY, LUTES and LYONS voted AYE. Motion car- ried unanimously. Mayor EVANS adjourned the meeting at 9:10 A.M. until Monday, Aug- ust 3, 1981, at ~:~0 B~M. Clerk HUGUST 3, 1981 The McCall City Council met in Regular session at 7:00 P.M., Monday, August 3, 1981, Mayor EVANS presiding. Those present were Councilmen LUTES, WARD, LYONS and HARDY, Administrative Assistant Seetin, Building Inspector Trahan, Attorney Remak- lus and City Clerk Fogg. Mayor EVANS announced that this is the time and place set for the Pre-Budget Hearing on the General Revenue Sharing Funds that the City anticipates receiving in the 1981-1982 fiscal year. The City anticipates receiving approximately $40,000.00 and the reason for this hearing is to receive input from inter- ested citizens as to where this $40,000.00 should be b~geted. No one present requested to be heard. In response to a request from the City, Kirby D. Vickers and David L. Curtis of J.U.B. Engineers presented a proposal for a study to determine the capacity of the existing sewage treat- ment facility, how that capacity could be increased and, the problem of Inflow and Infiltration. Vickers stated that they would propose general procedure that would provide the infor- mation requested. He reviewed the draft form of their agree- ment proposed to the City and form of contract. Their thought was that the most appropriate terms of the contract would be to establish a set maximum, a figure to budget to and propose all work would be done on a time and material basis. Their time estimates would be twelve to fifteen months to complete the study. Consensus of the Council was to take J.U.B. Engi- neers' proposal under advisement until receiving the other two proposals requested. It was decided to have a work session on the 1981-1982 tenta- tive budget on Monday, August 10, the date set to receive citi- zen input regarding business licenses for City of McCall. Pete and Shirley Baucom appeared before the Council to request a cease and desist of the Road House Bar. They explained that they lived adjacent to and directly behind this bar, previous- ly the Elk's Club, and that the situation on Friday and Satur- day nights of blocked driveways, congested parking, noise, dust and barking dogs at midnight and later was a nuisance. Other citizens appearing before the Council with similar com- laints were Kermit Wolfe, who complained of profanity and in- decent actions, also, Ron Hamilton, Dal Rife, Neal Boydstun and Carl Whitaker. Whitaker expressed a need to keep Zachary Lane open for a fire lane. Mike Ferney, operator of the Road House Bar, stated he was mak- ing an effort to alleviate the problems. He proposes to use two acres of ground for a parking lot to keep Boydstun and Zachary Lanes open by installing No Parking - Tow Away signs and impose a cover charge at his bar. Mayor EVANS explained that Police Department and Sheriff Depart- ment had received complaints on the Road House. The Council would like to alleviate the problem for the neigh- borhood but thought the operator should be given a chance to clear up the situation within ~ certain time. It was the con- sensus of the Council to give the Road House Bar operator thirty (30) days in which to clear up the problems brought before the Council. Bill Haworth, a member of the Optimist Club, told the Council that a building from the old Mill site had been donated to the youth of the community, and that they were hoping to move it on to City property, refurbish the building and establish a McCall Youth Center. After a lengthy discussion of possible locations, potential youth interest, insurance, and etc., the consensus of the Council was to see the proposed building plans and available financing. Mayor EVANS announced that this is the time and place set for a Public Hearing on amendments to the McCall Planning and Zon- ing Ordinance as recommended by the McCall Planning and Zoning Commission. Each amendment was read and discussed with comments on the following subjects: Height of 35' limitation, zoning for multi-family and single family residences, dwellings on large lots, limitation of residential density on commercial areas, snow removal and minimum limit requiring building permits costwise. No comments on amended Chapter 13, Shoreline and River Environs, were heard after the Mayor had read the amendmentment in its' entirety. Mayor EVANS declared the Public Hearing on the Amend- ments to the McCall Planning and Zoning Ordinance be closed. It was moved by HARDY and seconded by WARD to change amendment 3-7-6 (A) Density from eight (8) dwelling units per acre to twelve (12) units per acre. Upon vote LUTES, WARD, HARDY and LYONS voted AYE. Motion carried unanimously. It was moved by WARD and seconded by HARDY to delete amendment 3-7-5 (c) Height Limitations and use 3-7-5 (c) Height Limitations: No building within the Commercial District shall exceed thirty- five feet (35') in height measured from the ground level of the primary building entrance, as written in present ordinance. Upon vote, motion carried unanimously. It was moved by HARDY and seconded by LUTES to change amendment 3-22-1 to read "any improvement or alteration in excess of $150.00 value shall require a building permit." Upon vote, motion c~ried unanimously. Attorney Remaklus read proposed Ordinance No. 434, relating to the City building code, in full. HARDY introduced and moved adoption of proposed Ordinance No. 434, AN ORDINANCE RELATING TO THE CITY BUILDING CODE; AMENDING SECTION 2-1-8B OF THE VIL- LAGE CODE OF MCCALL, IDAHO, BY ELIMINATING SUB-SECTION (C) THEREOF CONCERNING RIGID METAL RACEWAYS AND RIGID NON-METALLIC CONDUIT FOR ELECTRICAL WIRING AND DESIGNATING SUB-SECTION (D) THEREOF AS SUB-SECTION (C). It was moved by LUTES and seconded by LYONS to suspend the rules for passage of proposed Ordinance No. 434 and upon vote motion carried unanimously. WARD seconded the motion for adoption of proposed Ordinance No. 434. Upon vote LYON,S, WARD, HARDY and LUTES voted AYE. Motion carried and Ordinance No. 434 was duly adopted. Remaklus read at length proposed Ordinance No. 435, relating to the salaries of the Mayor and City Council. HARDY intro- duced and moved adoption of proposed Ordinance No. 435 - AN ORDINANCE RELATING TO THE SALARIES OF THE MAYOR AND CITY COUN- CIL MEMBERS; AMENDING SECTION 1-8-3 OF THE VILLAGE OF McCALL, IDAHO, INCREASING THE SALARY OF THE MAYOR; AMENDING SECTION 1-8-4 OF THE VILLAGE CODE OF McCALL, IDAHO, INCREASING THE SA- LARY OF MEMBERS OF THE CITY COUNCIL; AND DECLARING AN EFFECTIVE DATE. It was moved by LUTES and seconded by LYONS to suspend the rules for passage of proposed Ordinance No. 435. Upon vote motion carried unanimously. WARD seconded the motion for adop- tion of proposed Ordinance No. 435. Upon vote WARD, LYONS, HARDY and LUTES voted AYE. Motion carried and Ordinance No. 435 was duly adopted. There was a lengthy discussion on the Airport fees for gaso- line tax and tie down charges and whether or not to set up an Airport Capital Improvement fund. Clerk asked that the funds be put in the G~neral Fund until the City Auditors could comment. Area of City Impact Planning and Zoning Commission recommenda- tions from their July 27, 1981, meeting were as follows: Ap- proval of the request of Randy Geddes and Craig Johnson for a Special Use Permit and a Variance of the lot width requirements within the Shoreline and River Environs District to allow con- struction of a house witha 34' width on Lot #220, Payette Lakes Cottage Sites, Valley County, Idaho. As required by 3A-20-4: 1. Ordinance used was the variance standards set forth in Chapter 19. 2. Reason for ~napproval based on the privileges enjoyed by surrounding property owners. 3. Following action taken by the City Council, if approved, applicant may then apply for a building permit. Mayor reviewed the procedure taken at the Public Hearing as recorded in the July 27 minutes. It was moved byHARDY and seconded by LYONS to approve the Joint Planning and Zoning Commission's recommendation for a Special Use Permit and a Variance for Randy Geddes and Craig Johnson of the lot width requirements within the S~oreline and River Environ District as requested for reasons given above. Upon vote motion carried unanimously. Joint Planning and Zoning Commission recommendation of approval of the request of Frank Galey for a Special Use Permit and a Variance of the lot width and setback requirement within the Shoreline and River Envir~on District to allow construction of a house with a 58' width and a 30' setback from Payette Lake. As required by 3A-20-4: 1. Ordinance used was the variance standards set forth in Chapter 19. 2. Reason for approval based on no objections from the neighboring property owners, the setback from the lake is a privilege enjoyed by the neigh- boring property owners; the structure would not be in conflict with the public welfare. 3. Following action taken by the City Council, if approved, applicant may then apply for a building permit. Following a very lengthy discussion regarding a re- taining wall, as already built, which does not conform with the plot plan, it was moved by HARDY and seconded by LUTES to approve the Joint Planning and Zoning Commission's recommenda- tion of approval of Frank Galey's request for a Special Use Permit and a Variance to the lot width and setback requirements within the Shoreline and River Environs District to allow con- struction of a house with a 58' width and a 30' setback from Payette Lake, approval of the building permit with the stipu- lation that Mr. Galey submit a request within 30 days for a Special Use Permit for the existing retaining wall. Upon vote, motion carried unanimously. Mayor EVANS read from the July 27, 1981, Joint Planning and Zoning minutes the recommendation of approval of East Payette Lake I Subdivision, presented by Tereco, subject to approval of the plat by an Engineer of competent jurisdiction and ap- proval of the covenants by Attorney Nicholas. After obtaining both approvals the Chairman is authorized to sign the plat. It was explained by MacGregor that the subdivision name is now BrightWater I and that he has engineer approval but has not yet been able to contact Attorney Nicholas. It was moved by WARD and seconded by HARDY to approve the Joint Planning and Zoning Commission recommendation on Bright Water I Subdi- vision presented by Tereco, subject to approval of the Plat by the County Engineer, approval of the covenants by Attorney Nicholas and signature of the Joint Planning and Zoning Com- mission Chairman and authorize the Mayor to sign the Plat. Upon vote, motion carried unanimously. Mayor informed the Council that City had been notified by let- ter received June 23, 1981 that Branding Iron, Inc., has pur- chased the stock in Pioneer Aviation, Inc. City received a request by Federal Aviation Administration in Seattle to relinquish our Limited Airport Operating Certifi- cate which would relieve the City of some responsibility in reporting to the F.A.A. They advised that at any time such certificate was needed, it could be reissued in a matter of a month. Attorney Remaklus wished to investigate the request before action is taken and suggested that the Mayor talk with Worthie Rauscher, State Department of Aeronautics, before making a decision. Consensus of the Council was to withhold action on this request until receiving Worthie Rauscher's comments. Mill Run~'Development have asked whether or not the sewer con- nection to the swimming pool rest rooms are involved in the Capital Improvement Development Fund. Their position is that those people living in the development are using the swimming pool and have already paid into the fund. No decision was made. Business License charges, as recommended by the Association of Idaho Cities, were discussed. Paul Trahan, Building Inspector, requested permission to attend the Barrier Free Design Seminar regarding handicapped require- ments for various structures, in Boise on August 12, 1981. It was moved by HARDY and seconded by WARD to send Paul Trahan to the Barrier Free Design Seminar at City's expense. Upon vote WARD, LUTES, HARDY and LYONS vote AYE. Motion carried. Mayor informed the Council that Hugh Cooke, Recreation Director, had been selected by Idaho State Amateur Softball Association to serve as player representative for 1981-82. He was elected to the State governing board which includes the State Commissioner and seven district commissioners. The City received one bid proposal, which was Idaho Sand and Gravel Co., Inc., in answer to the Advertisement for Bid for asphalt paving. Idaho Sand and Gravel Co., Inc. bid was $14,160.00 for furnishing and placing of 3" of 3/4" roadmix and paving with a 2" (compacted depth) asphalt mat, 24' wide and 1,000 ft. long in the City of McCall. It was moved by LYONS and seconded by HARDY to accept the bid proposal from Idaho Sand and Gravel Co., Inc. for $14,160.00, stipulating completion with- in thirty (30) days, and authorize the Mayor and Clerk to sign acceptance of Proposal. Upon vote LYONS, HARDY, LUTES and WARD voted AYE. Motion carried. The Clerk reported that both the Referendum and Initiative Pe- titions were received on July 13, 1981. The signatures were. confirmed and found to be in order on July 22, 1981. State law requires the City advertise 45 days and 15 days before election and hold a special election within 90 days upon receipt of pe- tition. Remaklus read the following resolution: RESOLUTION A RESOLUTION PROCLAIMING A SPECIAL CITY ELECTION, TO BE HELD ON OCTOBER 13, 1981, DESIGNATING THE POLLING PLACE, DESIGNA- TING THE REGISTRAR AND DEPUTY REGISTRARS, AND ORDERING THE CITY CLERK TO GIVE NOTICE OF SUCH ELECTION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, THAT: SECTION 1. That a Special City Election will be held in and for the City of McCall, on the 13th day of October, 1981, at which time the electorate will vote upon an ordinance pro- posed by an initiative and referendum repealing Chapter 10, Zone F Urban Agriculture Recreation, and enacting a new Chap- ter 10, providing for a Zone F U~ran Agriculture Recreation District. SECTION 2. The Old Union Pacific Depot Building is desig- nated as the polling place for such election. SECTION 3. That MARGARET E. FOGG, City Clerk, is hereby designated as Registrar and TERRY SHARP and SANDRA BATES as Deputy Registrars. SECTION 4. The Clerk, for and on behalf of the Mayor and Council, shall give public notice of the time and place of holding such Special City Election, publishing such notice in at least two issues of the Star News, the official city news- paper, published in the City of McCall, Idaho, the first publi- cation of such notice to be made not less than 45 days previous to the date of such city election and the last publication not less than 15 days previous to the election; the notice so pub- lished shall state the places of registration and the name of the Registrar and the Deputy Registrars, and the requirements for registration of electors at such city and such other infor- mation as may be necessary to give full facts of such election and registration; said notice to contain such facts and be given in accordance with the requirements of Section 50-436 of the Idaho Code. PASSED By the Council this 3rd day of August81. APPROVED By the Mayor this 3r~-d~of Au~, !9~81 It was moved by HARDY and seconded by LYONS to adopt Resolution as read and authorize the Mayor and Clerk to execute same. Upon vote motion carried unanimously. Notice of Special Election is to be published August 20 and September 14. Clerk reported she had issued an Idaho Liquor Catering Permit to Frances Frost dba Chicken Roost Supper Club for July 29, 30 and 31, catering for McCall Golf Association at the Golf Course, which permit had Police Chief Lyon's approval. Clerk asked that the Council conf~m ~ her polling of the Board on June 29, 1981 regarding Linda Eichelbarger's request to operate a mobile ice cream business in McCall summer of 1981. She had obtained a letter of approval from Jeffrey Lappen, Central District Health Department. Ail Council members said yes when polled. It was moved by LUTES and seconded by LYONS to confirm action taken June 29, 1981, allowing Linda Eichel- barger to operate a mobile ice cream business in McCall summer of 1981. Upon vote motion carried unanimously. The following bills were read for payment: 2980 2981 2982 2983 2984 2985 2986 2987 2988 2989 2990 2991 2992 2993 2994 2995 2996 2997 2998 2999 3OOO 3001 3002 3003 3004 3oo5 3006 3007 3008 3009 3010 3011 3012 3013 3014 3o15 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 Donald R. Broughton Hugh H. Cooke Raymond W. Earls John L. Lyon Larry $. Olson Roger W. Rockwell Terry A. Sharp Paul K. Trahan Donald B. Van Cleave Mike Eckhart Dennis Babineau Void City of McCall Water Bond Fund Void Void Idaho First National Bank Idaho First National Bank Terry Sharp, Petty Cash Dennis Babineau Roger D. Bates Sandra K.~Bates Donald R. Broughton Gloria L. Cantrell Joye S. Catlin Larry Chalfant Hugh H. Cooke James F. Creech Lorne D. Dalgleish John B. Drips Raymond W. Earls Bill A. Evans Donald L. Fitzwater Margaret E. Fogg Michael K. Gantz Jess S. Haldeman James W. Hardy Sophie T. Howard John R. Lewinski Clifford Lutes John L. Lyon James R. Lyons Brian S. Mickels Blaine Murray Ralph R. Murray Larry S. Otson David H. Pulver Robert H. Remaklus Kay L. Rhodes Joni L. Rivers Roger W. Rockwell Laura L. Rupe W.O.J. Seetin W.O.J. Seetin Terry A. Sharp David B. Smith Paul K. Trahan Donald Van Cleave Ernest E. Ward Robert V. Wilson Ernest H. Woods State of Idaho Auditor Idaho First National Bank State Tax Commission Public Employee Retirement System Association of Idaho Cities American Family Life Assurance $ 250.00 200.00 250.00 25O.0O 25O.OO 250.00 250.OO 25O.OO 25O.OO 32O.00 100.00 21,000.00 59,882.42 33,359.04 16.18 597.34 882.49 657.69 658.92 285.50 633.79 1,089.77 663.25 81.69 658.99 670.74 501.50 82.76 76.25 789.64 520.18 377 18 66 38 657 27 951 30 66 38 968 11 66 38 84O 68 557 77 772 5i 782.71 351 81 562 92 52 28 311 67 691 00 447 57 1,295 90 235 17 339 96 1,064 38 580.32 646 64 7o 01 761 60 218 50 4,707 84 4,86h 30 1,365 85 4,563 73 1,550 82 32 00 3046 3047 3048 3049 3O5O 3~51 3052 3053 3054 3O55 3056 3057 3O58 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3O78 3079 3O8O 3081 3082 3083 3084 3085 3086 3087 3O88 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 31oo 31Ol 3102 3103 3104 3105 3106 3107 3108 3109 3ilO 31ii 3ii2 3i13 31i4 3i15 3116 3117 3118 3119 3120 3121 Idaho Public Employees Credit Union Postmaster K. H. Troutner NCSBCS Postmaster Maury Ainger Rick Bollar Bill Botsford Ron Bowling Tom Chatoupka Dan Cochran Dempsey Eddins Tim Everhart Martin Fitzgerald Don Fitzwater Bill Haworth Jack Katzenberger Jim Madden Ken Medley Dave Smith Russ Smith Skip Taylor Dana West Mark E. Spaulding Sophie T. Howard Bill A. Evans Sandra Bates John L. Lyon Jim Barnett Jr. Barnett Johnny Brown Michael Dacharne Rob Dodge Thera Duel Paul Mann Derald Marti Joe Pastore Bob Smith John Lew~nski Void Jack Seetin Jack Seetin Acheson Motors Action Express, Inc. Art Mart, Inc. Autocon Industries, Inc. Baker & Taylor Co. Bill's Grocery & Gas Boyd Martin Co. Brundage Office Supply C. & S Contracting Century Laboratories Chevron USA Inc. Chevron USA Inc. Combined Associates Consolidated Supply Co. Continental Tele System Void F-Stop Great Western Chemical Co. Great Western Seed Co. Void Harris Laboratories, Inc. Honey Dippers IBE Copy Products, Inc. Idaho Department of Employment Idaho First National Bank Idaho Power Idastries Ideal Gas - Cal Gas INGRAM JUB Engineers, Inc. Just Copy's Inc. L & K Electric Living Idaho Magazine May Hardware $ 75.00 i31.76 25O.OO 25.OO 72.OO 37.OO 44.00 3.50 25.5O 4O.5O 55 5O 10 5O 25 5O 4O 5O 65 5O 22 00 22 00 89 00 i5 oo 55 5o 29 00 29 00 37.00 131.25 5.99 i5.25 66.13 6.O8 67 5O 95 00 120 00 6O oo 50 oo 152 oo 45 0o 102 50 45.OO 45.OO li.70 13.92 400.00 132.99 38 3O 5 11 51 99 21 67 9 56 217 99 3 3O 177 60 71 00 2,443 11 40.31 688.16 553.09 712.26 42.95 270.84 649.94 22 00 640 00 26 00 466 57 416 62 4,693 44 51 4O 15 79 11 03 838 33 107 86 283 46 5 O0 321 67 3122 3123 3124 3125 3126 3127 3128 3129 3130 3131 3132 3133 3134 3135 3136 3137 3138 3139 3140 3141 3142 3143 3144 3145 3146 3147 3148 3149 3150 3151 3152 3153 3154 3155 3156 3157 3158 3159 3160 3161 3162 3163 3164 3165 3166 Mark's Chevron Service McCall Appliance Repair McCall Electronic Repairs McCall Fire Dept. McCall Rexall Drug Medley Sports Merc, The Michie Co., The National Recreation and Park Assoc. NORCO OSC Data O. M. Scott & Sons Co. Office of State Tax Commission Payette Lakes Lumber Co. PRECO T & A Oregon Fire Equipment Co. QPBC, Inc. Precision Sharpening Redex, Inc. Robert H. Remaklus Rowland Bros. Void Share Corp. Shaver's void Shirt Works SIRCHIE Snowbird Laundry Starts Auto Parts Sonny's Tire Serv. Sports Marina Star News Time/Life Books Turf Equipment Co. Union Oil Co. of CA Valley County Courthouse Vern Hoss Refrigeration Service Water & Waste Water Equip Co Western Auto Western Equipment Co. · William A. KIRK Agency Zimmer & Francescon, Inc. Profitt & Associate Doubday Book Club State of Idaho Division of HWY $ 280.28 64.96 33.95 7o.oo 134.43 64.59 18.96 13.81 35.00 124.88 227.00 871.50 782.63 508.00 61.80 190.00 8.66 11.$0 40.89 140.00 197.50 420.80 206.20 132.00 29.34 118.75 86.37 262.02 6.00 182.72 14.58 11.91 29 20 268 73 23 60 691 37 19 47 1,324 38 1,350 00 18 53 1,150 00 14 79 7OO 00 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, HARDY, LUTES and LYONS voted AYE. Motion carried unanimously. Mayor EVANS adjourned the meeting at 1:30 A.M. until 7:00 P.M. Monday, August 10, 1981. AUGUST 10, 1981 The McCall City Council met in Special Session on Monday, August 10, 1981, at 7:00 P.M., Mayor EVANS presiding. Those present were Councilmen LUTES, WARD, LYONS and HARDY, Attorney Remaklus and City Clerk Fogg. Mayor EVANS opened the meeting by explaining the research the City had done with regards to business licenses and stated the purpose of the meeting was to get citizen input and opinions on the implementation of a business license. Citizens appearing before the Council to speak in opposition to a business license fee were: Carl Whitaker, Joe Yarmak, Don Boos, Marilyn Blattner and Matt Wallace. Following a lengthy discussion, it was the consensus of the Coun- cil that the group in attendance were definately opposed to any business license fee. No action taken. Mayor EVANS explained to the Council that the City had an oppor- tunity to purchase at auction, a small drum type roller for $1,050.00 and a trailer for hauling the roller for $100.00 which purchase was made. The Auction Service requires immediate payment for such pur- chases. Following discussion, it was moved by LUTES and seconded by LYONS to authorize payment of $1,150.00 for the roller and trailer to Proffitt & Associate Auction Service. Upon vote LYONS LUTES, HARDY and WARD voted AYE. Motion carried. Remakluspresented an ordinance related to zoning which contained the amendments to the zoning ordinance approved by Council at Aug- ust 3, 1981, meeting. Each amendment was read in full. HARDY introduced and moved adoption of proposed Ordinance No. 436, AN ORDINANCE RELATED TO ZONING; AMENDING SECTION 3-7-3 OF THE VIL- LAGE CODE OF McCALL, IDAHO, BY ADDING A NEW SUBSECTION (1) THERETO DEFINING A NEW SPECIAL USE; AMENDING SECTION 3-7-5 OF THE VILLAGE CODE OF MCCALL, IDAHO, MAKING SNOW STORAGE AREAS MANDATORY; AMEND- ING SECTION 3-7-5 OF THE VILLAGE CODE OF MCCALL, IDAHO, TO PRO- VIDE THAT NO BUILDING SHALL EXCEED THIRTY FIVE FEET IN HEIGHT; AMENDING CHAPTER 7 OFTITLE III OF THE VILLAGE CODE OF MCCALL, IDAHO, BY THE ADDITION OF A NEW SECTION 6 THERETO, TO PROVIDE SPECIFIC STANDARDS FOR RESIDENTIAL DEVELOPMENT; AMENDING SECTION 3-16-4 OF THE VILLAGE CODE OF MCCALL, IDAHO, TO ADD A NEW SERVICE TO BE PROVIDED BY DEVELOPERS; AMENDING SECTION 3-17-2 OF THE VIL- LAGE CODE OF MCCALL, IDAHO, MAKING A PUBLIC HEARING MANDATORY FOR PLANNED UNIT DEVELOPMENTS; AMENDING 3-17-2 BY ADDING A NEW SUB- SECTION 5 THERETO REQUIRING THE CITY COUNCIL TO APPROVE PLANNED UNIT DEVELOPMENTS UPON RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION; AMENDING SECTION 920-2 OF THE VILLAGE CODE OF MCCALL, IDAHO, TO REQUIRE ROOFING OF NON-REFLECTZVE MATERIALS; AMENDING SECTION 3-20-3 OF THE VILLAGE CODE OF MCCALL, IDAHO, TO STRIKE THE WORD "EAVES" THEREFROM; AMENDING SECTION 3-20-4 OF THE VILLAGE CODE OF MCCALL, IDAHO, TO STRIKE SUBPARAGRAPH (C) THEREFROM AND AMENDING SAID SECTION 3-20-4 OF THE VILLAGE CODE OF MCCALL, IDAHO, BY THE ADDITION OF A NEW SECTION (C) TO PROVIDE DIMENSION OF PARK- ING SPACES; AMENDING SECTION 3-22-1 OF THE VILLAGE CODE OF MCCALL, IDAHO, TO REQUIRE A BUILDING PERMIT FOR ALL ALTERATION OR IMPROVE- MENTS EXCEEDING $150.00 IN VALUE. It was moved by LUTES and seconded by WARD to suspend t~e rules for passage of propped Ordinance No. 436. Upon vote motion car- ried unanimously. LYONS seconded the motion moving the adoption of proposed Ordinance No. 436. Upon vote LUTES, HARDY, WARD and LYONS voted AYE. Motion carried and Ordinance No. 436 is duly adopted. Remaklus presented and read at length proposed Ordinance No. 437 an ordinance relating to zoning, Shoreline and River Environs District. HARDY introduced and moved adoption of proposed Ordi- nance No. 437, AN ORDINANCE OF THE CITY OF MCCALL, IDAHO, RELATING TO ZONING; REPEALING CHAPTER 13 OF TITLE 3 OF THE VILLAGE CODE OF MCCALL, IDAHO; AMENDING TITLE 3 OF SAID VILLAGE CODE BY THE ADDI- TION THERETO OF A NEW CHAPTER 13 ENTITLED SHORELINE AND RIVER EN- VIRONS DISTRICT; PROVIDING A STATEMENT OF PURPOSE~ DESCRIBING LANDS INCLUDED THEREIN; DEFINING PERMITTED USES; PROVIDING~QU, IRE- MENTS FOR DEVELOPMENT; REPEALING ORDINANCES OR PARTS OF oRD~cES iN CO~FLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. It was ~ moved by LUTES and seconded by WARD to suspend the rules for passage of proposed Ordinance No. 437. Upon vote, motion car- ried. LYONS seconded the motion moving the adoption of proposed Ordinance No. 437. Upon vote LYONS, HARDY, LUTES and WARD voted AYE. Motion carried and Ordinance No. 437 is duly adopted. Remaklus presented and read at length pro~sed Ordinance No. 438 an ordinance relating to the McCall Muncipal Airport. Follow- ing discussion, HARDY introduced and moved adoption of proposed Ordinance No. 438, AN ORDINANCE RELATING TO THE MCCALL MUNICIPAL AIRPORT~ IMPOSING TAXES UPON AIRCRAFT FUELS DELIVERED TO SAID AIRPORT; FIXING TAM RATES AND DESIGNATING TIME OF PAYMENT THERE- OF AND TO WHOM PAYMENT SHALL BE MADE; IMPOSING AIRCRAFT TIE-DOWN AREA RENTAL FEES; FIXING SUCH FEES, DESIGNATING TIME OF PAYMENT THEREOF AND TO WHOM PAYMENT THEREOF SHALL BE MADE; PROVIDING THAT TAXES AND FEES COLLECTED HEREUNDER SHALL BE PAID TO THE CITY CLERK AND DEPOSITED INTO THE CITY GENERAL ~FUND; DIVIDING ITINERANT TIE-DOWN AREAS BETWEEN FIXED BASE OPERATORS~ REPEAL- ING ALL ORDINANCES OR PARTS ~aREOF IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. It was moved by LYONS and secon- ded by LUTES to suspend the rules for passage of proposed Ordi- nance No. 438. Upon vote motion carried. WARD seconded the motion moving the adoption of proposed Ordinance No. 438. Upon vote LYONS, HARDY, LUTES and WARD voted AYE. Motion carried and Ordinance No. 438 is duly adopted. City received a letter July 29, 1981, from Mountain Lakes Com- panies requesting to bid on the City's insurance at time of ex- piration. Consensus of Council was that they should submit a bid for the Council to consider. Mayor EVANS reported on his follow-up with Worthie Rauscher, State Division of Aeronautics, regarding the City relinquishing the Limited Operating Certificate. Rauscher was of the opinion that the City had no need for this certificate at the present time. Wiechman, F.A.A., told the Mayor that, if the certificate is relinquished, the F.A.A. will allow the City to keep the Fire Truck for airport use. It was moved by HARDY and seconded by WARD to apply to the Federal Aviation Administration to relin- quish the Limited Airport Operation Certificate at the Airport. Upon vote motion carried unanimously. Vouchers for Hugh Cooke and Laura Rupe of the Recreation Depart- ment to attend the Idaho Recreation & Park Society Conference were presented for consideration. Following discussion, it was moved by LUTES and seconded by WARD to authorize $251.00 to the Recreation Department to attend Idaho Recreation & Park Society Conference at Couer d'Alene September 19 - 22, 1981. Upon vote motion carried unanimously. Council decided to meet Friday, August 14, 1981, at 8:00 A.M. for a budget workshop. Mayor Evans recessed the meeting until Friday, August 14, 1981, at 8:00 A.M. - ' Mayor AUGUST 14, 1981 The McCall City Council continued their recessed meeting of Aug- ust 10, 1981, on Friday, August 14, 1981, at 8:00 A.M., Mayor EVANS presiding. Those present were Councilmen LUTES, LYONS,WARD and HARDY and City Clerk Fogg. John Drips was present to request that he be authorized to pur- chase a needed new gree~smower for $7,000.00 and a used tee mower for $2,500. Both pieces of equipment are to replace equip- ment salvagable only for spare parts. Also, he would like to replace three of the greens that were badly damaged this year using funds: donated - $2,500.00, H-K Contractors reimbursement of $3,300.00 and Calcutta funds of $2,500.00. Drips informed the Council that Hunnicutt was doing some work at the Golf Coupe to pay off amount owed the City. He had done $1,400.00 work at present. It was moved by WARD and seconded by HARDY to authorize Drips to purchase a greensmower and tee mower. Upon vote HARDY, WARD, LUTES and LYONS voted AYE. ? 09 Motion carried. Budget figures were reviewed and discussed. Following the work session it was moved by WARD and seconded by LYONS to authorize the adjustment of budget figures to balance the budget with Councilmen being notified of changes required. Upon vote, mo- tion carried unanimously. Mayor EVANS adjourned the meeting at 9:45 A.M. until Tuesday, September 8, 1981, at 7:00 P.M. a~ or~ ' k~ Cfty Clerk ~ / ' SEPTEMBER 8, 1981 The McCall City Council met in Regular Session on Tuesday, Septem- ber 8, 1981, at 7:00 P.M., Mayor EVANS presiding. Those present were Councilmen LYONS, LUTES, HARDY and WARD, Administrative Assistant Seetin, Attorney Remaklus and City Clerk Fogg. The minutes of July 6th, 7th and 9th, 1981 and August 3rd, 10th and 14th, 1981, were read and approved as read. Mayor EVANS announced that this is the time and place set for a public hearing on the Proposed Budget of the City of McCall, Idaho, for expenditures from the General Fund, Special Funds and Revenue Sharing Funds for fiscal year October 1, 1981, through September 30, 1982. Mayor explained that,.in order to balance the budget at the published figure of $1,935,047.00, it was necessary to make adjustments in some of the budget figures: Police Department was reduced approx- imately $3,000; Golf Course increased about $11,000; Lit~ation figure reduced $2,700 and Street Oiling reduced~[approximately $3,400. Comments from those in attendance were invited. Glen Jacobsen spoke of concern for allocation of funds for the painting of crosswalks as well as safety signs for traffic. He suggested it may be time for the City to consider the Motel and Liquor-by-the-Drink tax in order to derive necessary budget funds. Changes in the budget were discussed at length. The budget was amended and given to the bookkeeper to prepare for Council action. The RoadHouse Bar operation was the next item on the agenda. Mayor explained that a group of citizens attended the meeting of August 3, 1981, with complaints about the noises, parking, dust problem and obscene language at this bar. Since that date, a petition, signed by eight (8) people, has been received urging the City'S elected officials to put an end to the noise, dirt, dust, parking prob- lems and pollution of the homes caused by the RoadHouse. Council action at the August 3rd meeting gave Mike Firney, operator of the Road House, a month to ~lleviate the problems brought before the Council. Although Mr. Firney has made attempts to clear up some of the problems, the matter of the ownership of the Liquor, Beer and Wine licenses, which are issued to the McCall Elk's Club has not been alleviated, In view of this problem, Councilmen LUTES and LYONS have asked Police Chief Lyon to explain present statutes of licenses and matters that are involved in the transfer of such licenses. Chief Lyon spoke at length giving some past history on the Road House and stating that, in the past nine years of business operation as a bar prior to the Road House ownership, the Police Department has had few complaints. During the past sixty days, numerous complaints from the Road House area, and as far as three or four blocks distant, have been received and have ranged from loud noise, loud music, squealing tires, slamming doors, people cursing and making profane ges- tures to each other in a loud and obnoxious voice, and the use of the parking lot. and surrounding area as a restroom, as well as there being no adequate park- ing space in the area. It is the opinion of the Police Department that this operation has been run in, what we term, as an "oversell" manner. By bringing in a large name band and promoting the business through advertising, the bar has oversold its capacity to park people and to sufficiently provide restrooms for the people as evidenced by persons using the parking lot as a restroom. I think they have oversold insomuch as creating enough people that just the very noise of the people is something which takes away the peace and dignity of the surrounding area, and the people's ability to reside there and to do business there, as is the case of Mr. Wolf's motel. Chief Lyon would recommend denial of the transfer of Liuqor License from the Elk's Club to the Road House. Citizens appearing before the::Council to register complaints against the Road House were Shirley Baucom, Dal Rife, Sharon Wolfe, Bob Yost, Kermit Wolfe, Hank Knowles, Lydia Hakes, Joe Yarmak, Pearl Boydstun and Ronald Hamilton. The complaints were loud music; band practices in after- noons on occasions; constant excessive noise from increased traffic in Road House area; tires screeching; motorcycle noise; doors slamming, bark- ing dogs left in pickups; bar patrons congregating in neighborhood areas drinkin~ yelling, clapping, swearing, littering and urinating; congested parking throughout area, including side streets and Highway; parents of McCall area not terribly thrilled about the type of element that's being brought in attending these functions; the required demands on Police Department just for that one area; and the devaluation of property in that area. Kermit Wolfe requested it go on the record that Firney is not allowed to park any automobile on Motel property south of his unit. Mike Firney defended his position by explaining that he had placed signs and road blocks, the music will go from five nights to three nights, din- ners are plugged in to the operation, and he was in the process of work- ing with the State Highway Department to provide additional parking. Julie £ddins stated that they had not been disturbed with music and noise from the Road House. Following long and lengthy discussion, Attorney Remaklus, as legal advi- sor to the City, recommended the Council give Mr. Firney time to complete his liquor license application, the Chief of Police to make the NCIC in- vestigation and written recommendation, and submit such application to the Council at a special meeting. It was moved by WARD and seconded by LYONS to defer Council action on Firney's Liquor, Beer and Wine applica- tion requests until Monday, September 14, 1981, at 7:00 P.M. Upon vote the motion carried unanimously. At the August 24, 1981, meeting of the Area of City Impact Planning and Zoning Commission, the Commission recommended to the City Council approval of the request of Jack and Adelaide McLeod for a Special Use Permit to allow construction of additional decking within the Shoreline and River Environs District, on Lot 15, Block 1, Pilgrim's Cove Subdivision. The Commission also recommended approval of a variance to allow the setback to be 55' from the lake rather than the required 75'. As required in 3A-20-4 (A), reasons for approval being lack of objections from the State authorities and surrounding neighbors regarding the enlargement of the deck; the fact that with the addition of the new decking, the setback will still be larger than that of the immediat~lyadjacent properties; this request confers no special privilege on the appplicant which is not en- joyed by neighbors; and clearly not in conflict with the public interest. Following discussion, it was moved by WARD and seconded by HARDY to approve the recommendation of the Joint Planning and Zoning Commission for a Spe- cial Use Permit and a Variance for Jack and Adelaid McLeod to allow con- struction of additional decking within the Shoreline and River Environs District on Lot 15, Block 1, Pilgrim's Cove Subdivision. Reasons being those sited above. ~pon vote, the motion carried unanimously. It was recommended by the McCall Planning and Zoning Commission at their August 18, 1981, meeting approval of L. L. and Lomie Helmich's request to reclassify the zone of approximately 5 acres from F-1 to F-3 and approx- imately 50 acres from F-1 to F-2. Legal property description is as follows: Property from F-1 to F-3: Situate in Section 6, T18N, ~3E, B.M. S~ NE¼ NW~SE¼ (approximately 5 acres). Property from F-1 to F-2: Situate in Section 6, T18N, R3E, B.M. NW¼ SW¼ NE¼ (approximately 10 acres), S~ SW¼ NE¼ (approximately 10 acres), F~ of SW¼ SW¼NE¼ (approximately 5 acres), and NEb SW¼ NE¼ (approximately 10 acres)~ total approximately 50 acres. Mayor EVANS explained that the Planning and Zoning Commission had held a public hearing and that the property is in the City limits zoned Urban Agricultural Recreational with one unit per 10 acres. The reclassification request is for 5 acres to be changed to F-3, allowing 1 unit per 1 acre, and 50 acres from F-1 to F-2 allowing t unit per 5 acres. Following dis- cussion, it was moved by HARDY and seconded by WARD that the Council approve the McCall Planning and Zoning Commission's recommendation of approval of L.L. and Lomie Helmich:s request to reclassify the zone of appromiately 5 acres from F-1 to F-3 and approximately 50 acres from F-1 to F-2. Upon vote the motion carried unanimously. *N~ of NE¼NW¼SE¼ (approx. 5 acres), and NE¼ SW¼NE¼ (approx. 10 acres), Helen Curtis appeared before the Council requesting permission to hook up to the City Water. She lives outside of the City limits, East of Shady Beach, and explained that her neighbor had City water. Mayor EVANS advised that she send a written request for City water explaining the circumstances. A petition requesting the City to asphalt or blacktop Hubbard Street, Romine Street and Boydstun Street in Jasper Subdivision was presented to the Council. It contained eighteen (18) signatures of City resi- dents. The petitioners were advised that this petition would be consi- dered when money was available. Worthie Rauscher's letter of September 3, 198~ regarding the Courtesy Cars on the McCall Airport, which letter stated that a decision to retain or reject the Courtesy Car Program must be made by the City, was read at length. Following discussion, the consensus of the Council was to consider phasing out the Courtesy Car Program at the Airport. A de- finite decision is to be made at the September 14th meeting. Michael Fortune who recently purchased a lot in Rio Vista inquired about building and obtaining water and sewer hookup. He was referred to the Payette Lakes Water and Sewer District as it was believed he was within the District. With regards to the upcoming City elections, it was moved by HARDY and seconded by LYONS to appoint Emily Whitman, Julie Eddins, and Cornelia Klott to serve as Election Judge and Clerks at the Special City Election on October 13, 1981, and the General City Election on November 3, 1981, to be compensated at the State of Idaho minimum wage of $2.30 per hour. Upon vote LYONS, HARDY, LUTES and WARD voted AYE. Motion carried unani- mously. Mayor EVANS read at length the following Resolution proclaiming a Gen- eral City Election: RESOLUTION A RESOLUTION PROCLAIMING A GENERAL CITY ELECTION, TO BE HELD ON NOVEMBER 3, 1981, DESIGNATING THE POLLING PLACES, DESIGNATING THE REGISTRAR AND DEPUTY REGISTRARS, AND ORDERING THE CITY CLERK TO GIVE NOTICE OF SUCH ELECTION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,IDAHO THAT: SECTION 1. The general city election will be held in and for the City of McCall, Idaho, on the 3rd day of November, at which time there will be elected two comlcilmen to serve for a term of four years, or until the election and qualification of their successors. SECTION 2. The following is designated as the polling place for such election: Old Union Pacific Railroad Depot Building. SECTION 3. ~at Margaret E. Fogg, City Clerk, is hereby designated as Registrar and the following as Deputy Registrars: Sandra Bates and Terry Sharp. SECTION 4. The Clerk, for and on behalf of the Mayor and CounciL shall give public notice of the time and place of holding such general city election by posting such notice in three public places or publish- ing such notice in at least two issues of the Star News, a newspaper printed and published in the city of McCall, Idaho, the first publica- tion of such notice to be made not less than 45 days previous to the date of such city election and the last publication not more than 15 days, nor less than five days previous to the election; the notice so published shall state the places of registration and the name of the Registrar and the Deputy Registrars, and the requirements for registra- tion of electors at such city and such other information as may be nece- ssary to give full facts of such election and registration; said notice to contain such facts and be given in accordance with the requirements of Section 50-436 of the Idaho Code. It was moved by WARD and seconded by LUTES that the preceding Resolu- tion proclaiming the General City Election be adopted. Upon vote, motion carried unanimously. Applications for a Beer and Wine License to Timothy A. Wright and Kenneth A. Kuhne were presented. Wright and Kuhne had cleared N.C.I.C. and had their State and County licenses. It was moved by HARDY and seconded by LYONS to approve the application of Wright and Kuhne and grant the Beer and Wine licenses for The Conservatory. Upon vote the motion car- ried unanimously. The Clerk informed the Council that an Idaho Liquor Catering Permit had been issued to Shore Club Lodge, Inc., to be used September 11, 1981, at the Golf Course for the A.R.I.D. Club. Chief Lyon had approved the permit. Remaklus read at length a letter from Larry Christensen of Valley Land Title and Escrow Company, Inc., dated September 4, 1981, regarding a parcel of property situated north of Lick Creek Road that was inadvert- antly left out of the deed from the City of McCall to Brown's Tie and Lumber Company. Remaklus had no reservations in proceeding with a Reso- lution and Quit Claim Deed to clear the title on this parcel of property. Following explanation and discussion, it was moved by HARDY and seconded by LYONS to instruct Attorney Remaklus to draw up the necessary Resolu- tion and Quit Claim Deed. Upon vote the motion carried unanimously. Mayor Evans explained the Vita-Lite Energy Saving Fluorescent Lamp Rebate Pilot Program in conjunction with Idako Power Company at a cost of $3022.22 for City offices and Library. It was the consensus of the Council not to participate in the program at this time. Steve Loveless, living on Garnett Street in Davis Beach area, had inquired if the City Council would approve a permit for him and three other fami- lies to place a dock on the City property for public use, which dock to be maintained by them. It was the consensus of the Council to have pri- vate docks removed from the City beaches, namely Davis Beach, and not allow any docks on any City beaches. It was decided that the Local Land Board should be told of the City's position regarding docks on City beaches and request they not issue any more permits for private docks on the City beaches. Remaklus read in full proposed Ordinance No. 439, The Annual Appropriation Bill. HARDY introduced and moved adoption of proposed Ordinance No. 439, 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, 1982. It was moved by WARD and seconded by LYONS to sus- pend the rules for passage of proposed Ordinance No. 439. Upon vote motion carried unanimously. LUTES seconded the motion for adoption of proposed Ordinance No. 439. Upon vote WARD, LYONS, LUTES and HARDY voted AYE. Motion carried and Ordinance No. 439 was duly adopted. The McCall Planning and Zoning Commission~ at their September 1, 1981, meeting, recommended approval of the Mill Run Condominiums No. 2-B Hard Plat. Following discussion, it was reluctantly moved by HARDY and seconded by WARD to approve Mill Run Condominiums No. 2-B Hard Plat and authorize the signatures. Upon vote WARD, LYONS, LUTES and I~RDY voted AYE. Motion carried unanimously. Remaklus told the Council that a ballot had to be prepared for the Refer- endum and Initiative Election. He stated that, since the proposals are more than 250 words in length, I assume you do not wish to print them in full on the ballot and I would like authorization or direction to prepare a short title and description of the ordinances, to state their purposes and effect, to be printed on the ballot. It was moved by LYONS and seconded by HARDY not to print the Referendum and Initiative ordinances at length on the ballot and direct the City Attorney to prepare the short title and description of the ordinances. Upon vote HARDY, LYONS, LUTES and WARD voted AYE. Motion carried unanimously. Mayor Evans announced the resignation of Sandra Bates as secretary for the McCall Planning and Zoning Commission and the area of City Impact Planning and Zoning Commission effective August 31, 1981. Mountain Lakes Companies sent a letter requesting to research City's present insurance policies in order to make a proposal for similar cov- erage. Consensus of the Council was that the City should advertise for bids on insurance at the expiration date stating insurance needs and specs. Mayor Evans announced that Laura Rupe, Assistant to the Recreation Dir- ector, has been named as Southwestern Representative of this area by the Idaho Parks and Recreation Society. The Following bills were read for payment: 3167 3168 3169 3170 3171 3172 3173 3174 3175 3176 3177 3178 3179 3180 3181 3182 3183 3184 3185 3186 3187 3188 3189 3190 3191 3192 3193 3194 3195 3196 3197 3198 3199 3200 3201 3202 3203 3204 3205 3206 3207 3208 3209 3210 3211 3212 3213 3214 3215 3216 3217 3218 3219 3220 3221 3222 3223 3224 3225 3226 3227 3228 3229 3230 3231 3232 3233 3234 3235 3236 3237 3238 3239 3240 3241 3242 Broughton, Donald Cooke, Hugh H. Earls, Raymond Lyon, John Rockwell, Roger W. Sharp, Terry Trahan, Paul K. Van Cleave, Donald B. Olson, Larry Sharp, Terry Petty Cash Babineau, Dennis P. Bates, Roger D. Bates, Sandra K. Broughton, Donald R. Cantrell, Gloria L. Catlin, Joye S. Chalfant, Larry Cooke, Hugh H. Creech, James F. Curtis, Stanley D. Dalgleish, Lorne D. Drips, John B. Earls, Raymond W. Evans, Bill A. Fitzwater, Donald L. Fogg, Margaret E. Gantz, Michael K. Hardy, James W. Howard, Sophie T. Laidlaw, Augusta Lewinski, John R. Lutes, Clifford Lyon, John L. Lyons, James R. Mickels, Brian S. Murray, Blaine Murray, Ralph R. Olson, Larry S. Parker, Vernon L. Remaklus, Robert Rhodes, Kay L. Rivers, Joni L. Rockwell, Roger W. Rupe, Laura L. Seetin, W.O.J. Seetin, W.O.J. Sharp, Terry A. Smith, David B. Trahan, Paul K. Van Cleave, Donald B. Ward, Ernest E. Wilson, Robert V. Woods, Ernest H. State Auditor, Social Sec. Idaho First National Bank State of Idaho Tax Commission Public Employee Retirement System Association of Idaho Cities American Family Life Assurance Idaho Public Employees Credit Union St. Martin's Press, Inc. Postmaster Brown, Tie & Lumber Co. Margaret Fogg Ainger, Maury Bollar, Rick Botsford, Bill Bowling, Ron Chaloupka, Tom Cochran, Dan Eddins, Dempsey Everhart, Tim Fitzgerald, Martin Fitzwater, Don French, Tom Haworth, Bill $ 250.00 200.00 250.00 250.00 250.00 250.00 200.00 250.00 250.00 21.49 701.24 761.46 657.69 658.92 329.68 633.79 1,049.08 663.25 111.09 518.12 729.05 670.74 501.50 82.76 76.25 789.64 184.50 66.38 657.27 222.36 951.30 66.38 968.11 66.38 840.68 571.94 262.72 782.71 102.68 562.92 57.88 315.66 691.00 522.30 1,295.90 235.17 339.96 1,064.38 502.70 646.64 70.01 743.22 218.50 4,563.72 4,719.00 1,295.65 4,396.66 1,461.13 32.00 75.00 25.53 134.52 976.00 8.25 97.00 22.00 10.50 25.50 55.50 22.00 32.50 55.50 107.S0 122.S0 30.00 10.50 3243 3244 3245 3246 3247 3248 3249 3250 3251 3252 3253 3254 3255 3256 3257 3258 3259 3260 3261 3262 3263 3264 3265 3266 3267 3268 3269 3270 3271 3272 3273 3274 3275 3276 3277 3278 3279 3280 3281 3282 3283 3284 3285 3286 3287 3288 3289 3290 3291 3292 3293 3294 3295 3296 3297 3298 3299 3300 3301 3302 3303 3304 3305 3306 3307 3308 3309 3310 3311 3312 3313 3314 3315 3316 3317 3318 3319 Jackson, Glen Katzenberger, Jack Madden, Jim Medley, Ken Smith, Dave Smith, Russ Stathis, Harry Taylor, Skip West, Dana Johnson, Larry Bates, Sandra Trahan, Paul Broughton, Don McCall Police Department Olson, Larry S. Cooke, Hugh Rupe, Laura Duel, Thera Acheson Motors Action Express American Chemical Supply Co. Anderson Excavating Art Mart, Inc. Better Homes and Gardens Bidall Boyd Martin Co. Bruce Baxter Brundage Office Supply Cascade Auto, Inc. Century Laboratories Chevron USA Consler Corp. Consolidated Supply Co. Decker's Inc. Continental Telephone Co. Division of Aeronautics Doubleday Book Club Doubldeday & Co. F-Stop Film and Camera Footnotes G. A. Thompson Co. Gaylord Bros. Inc. Great Western Chemical Co. Frankie Heath Honey Dippers Idaho Concrete Pipe Co., Inc. Idaho Dept. of Labor & Indust. Idaho First National Bank Idaho Power Idaho Sporting Goods Co. Idaho State Library Ingram Ingram Just Copy's Inc. Mark's Chevron Service May Hardware, Inc. McCall Appliance Repair McCall Fire Department McCall Rental & Sales McCall Rexall Drug McCall Senior Citizens McCall Tire & Wheel McGraw-Hill Book Co. Medley Sports Mining & Civil Engineering Mom's Auto Parts National Fire Protection Assoc. Northwest Law Enforcement OSC Data O.M. Scott & Sons Co. Office of State Tax Commission Payette Lakes Lumber Co. Precision Sharpening QPBC Quill Corporation Recorder, Valley County Ron's Shell Service $ 15.00 47.50 152.50 45.00 107.50 104.00 78.50 55.50 40.50 393.75 48.88 5.95 2.16 7.47 16.89 180.14 62.30 20.00 150.00 62.25 19.30 1,190.00 69.47 8.03 115.40 129.7S 2.25 5.30 27.24 91.00 2,630.99 42.62 790.91 43.75 677.82 20.00 70.08 17.03 31.50 6.99 28.00 21.45 288.83 3,207.50 340.00 250.65 5.00 416.52 5,974.27 20.99 7.00 161.99 297.21 250.00 214.13 283.40 51.90 56.25 11.65 32.43 23.40 20.00 1.80 11.95 89.00 15.68 60.00 113.32 229.20 79.75 735.62 1,042.19 18.40 25.41 95.90 25.00 139.58 3320 Rowland Bros. $ 185.60 3321 Shaver's 31.60 3322 Shell Oil Co. 26.14 3323 Silver Burdett Co. 10.07 3324 Skip's Texaco 1.40 3325 Snowbird Laundry 92.25 3326 Sonny's Tire Serv. 132.45 3327 Sports Marina 160.34 3328 Stans Auto Parts 148.82 3329 Star News 555.30 3330 Steve Regan Co. 672.36 3331 Time/Life Books 34.29 3332 Union Oil Co. 14.00 3333 United Office Supply Inc. 79.00 3334 Upstart 16.44 3335 Valley County 250.96 3336 Valley County Sheriff's Office 684.00 3337 Vern's Towing Service 123.78 3338 W.S. Darley & Co. 353.01 3339 Water & Waste Water Equipment Co. 1,354.09 3340 Western Equipment Co. 1,324.38 3341 Western Fire Equipment Co. 574.32 3342 Wilde Country 35.00 3343 Wildwood Log Homes Inc. 141.14 3344 Yankee Surplus Store 11.77 3345 Chevron USA Inc. 18.46 3346 Decker's Inc. 23.25 3347 Don Medley 96.00 Following the reading of the bills, it was moved by HARDY and seconded by LYONS the bills be approved and ordered paid. Upon vote LYONS, HARDY LUTES and WARD voted AYE. Motion carried unanimously. Mayor Evans recessed the meeting at 12:12 A.M. until Monday, September 14, 1981, at 7:00 P.M_~ ~ - ~ / /M~yor - ' ~t- City Cler,~ J ' SEPTEMBER 14, 1981 McCall City Council met at 7:26 P.M. for continuance of the September 8, 1981, recessed meeting, Mayor EVANS presiding. Those present were Councilmen LYONS, HARDY, WARD and LUTES, Attorney Remaklus and City Clerk Fogg. This continued meeting was set up for the purpose of con- sidering the transfer of liquor, beer and wine licenses from Payette Lakes Lodge BPOE 2569 to the Road House operated by Mike Ferney and other business to come before the Council. Mayor EVANS announced that the City has received the completed Road House application by Mike Ferney for the transfer of liquor, beer and wine licenses. As usual procedure, Chief John L. Lyon handled the ap- plications for N.C.I.C. check and made the following recommendation On all three applications: "Recommend disapproval, Chief John L. Lyon, N.C.I.C., September 9, 1981." The Mayor asked that Chief Lyon give the reasoning for his recommendation. Chief Lyon explained that he was asked to make an in-depth investiga- tion of the Road House Bar. In his investigation, he discovered some things which he felt should cause their application to be denied by the Council. His investigation revealed Mike Ferney dba Road House Bar knowingly hired an eighteen year old girl as a cocktail waitress and, also, that the Road House Bar served a juvenile on or about the 6th of September, 1981, without requesting any identification. Further, the Road House Bar operated in violation of McCall City Code regulation 4-1-5 (B), states in part "Every person to whom a license shall be granted shall at all times conduct a quiet and orderly place of busi- ness'', although Chief Lyon did not feel they had a license. Chief Lyon, also, pointed out McCall City Code 4-1-4: "OPTION OF BOARD: The Board of Trustees shall have the right to reject any and all applications, at its option with reference to Beer license." Attorney Gary Morgan, representing Mike Ferney, addressed the Council regarding licenses in question. In Mr. Morgan's lengthy deliberation, he stated: "Our position tonight, Gentlemen, is that I basically feel that you've got the cart before the horse a little bit, whether you are undertaking to find problems with the operation of the establishment. I don't think you can deny Mr. Ferney's application for the initial issu- ance of this license unless you can specifically put it within the Muni- cipal Code or State Laws." Morgan went on to state that.Attorney Remaklus and he were basically in agreement that the City Code is very similar to the State Code which basically says that a license will be issued unless it is established that the applicant is not over 21, he is not of good moral character, or he has been convicted of a felony or that he's been convicted of any crime involving moral turpitude, or convicted of the violation of any law or regulation governing the sale of alcoholic bev- erage. With reference to McCall City Code 4-1-5 (B), Morgan stated that there's no conviction that Mr. Ferney has not, at all times, conducted a quiet and orderly place. Morgan closed by stating: "Ail we're talking about tonight, we've got an application in front of you and we do not feel that anything has been brought forth yet that brings it within your ordinance or any of the State regulations governing the denial of the issuance of a license." Following a very lengthy discussion with regards to the Road House opera- ting without a license, delay of application papers for transfer of lic- ence and impending action that could or may take place, Morgan requested to present a last statement as follows: "If I could make one last statement. If you're going to ask Mr. Remaklus for his legal opinion on this matter, and I assume you will, I don't think Bob is going to argue with my point at all, that you folks have the burden of putting the applicant under the section that says, and it's so clear that I, it says, that the application shall be granted, unless you show that the person is not 21, is not of good moral character, has never been convicted of a felony, or a crime involving moral turpitude, or the violation of any law or regulation governing or prohibiting the sale of alcoholic beverage or intoxicating liquors. And if you do deny this tonight, I do ask, Bob, since we have the recorder going, that we go on the record of either the Chief or any member here of the Council that can bring forth any evidence, or any convictions or any evidence that he is not 21, not of good moral character, never been convicted of any felony, etc., because I do intend to file the mandamus proceedings to get that license issued. Now go to the other issue that is basically 90% of the talk has been tonight, those will be issues that will be available, I assume, if the Council wants to pursue them, that's not, whether or not there have been subsequent violations, to give you folks plenty of notice because I'm going to sue for attorney's fees, too, on behalf of the appli- cant have to go into, go to court to get something that is so clear in the ordinance, I want the record to be clear because I'm going to intro- duce these, the record of this proceeding tonight in the mandamus proceed- ings. I want to put the Council on notice that I'm going to request the cost of suit and attorney fees and do intend to file the mandamus proceed- ings because as far as what I've heard, this, to this point, that's why I ask the Chief or any other Council member or the Mayor, if there are any other evidence that I could address myself tonight concerning action 4-1-3 which is the application for the license." In reply to Morgan's statement Mr. Baucom remarked: "Mr. Morgan seems to have the same sue attitude that his client does, and I'm 100% against that. What is the penalty in McCall for openly bootlegging for 2 months, 60 days, or whatever it is? The man has no license, let that be in the record. He's been bootlegging, plain simple bootlegging - two months." Other citizens appearing before the Council to issue complaints against the Road House and its operation were Mrs. Baucom, Dean Hagerman, and several who made comments not identifying themselves. Lyle Ackerman spoke in favor of the Road House operation. It was moved by HARDY to deny the transfer of the liquor, beer and wine licenses from the Payette Lakes Lodge B.P.O.E. 2569 to Michael Ferney and the reasons for the motion are as follows: Recommendation of Chief of Police John Lyon; numerous phone calls and personal contacts I've had with citizens~ the citizens that have appeared before the Council, also in discontent against the operation of the Road House; previous City Police and County Sheriff departmenZ records of phone calls of numerous disturbances at the Road House; previous Council action of August 3, 1981, given to Michael Ferney to correct existing problems at the Road House within 30 days, which has not been done; signed petitions from citizens of McCall - and these statements and petitions from local citizens do not necessarily prove the good moral character of Michael Ferney; in my estimation, they prove it in the opposite directions; and that's the reasons I have made the motion. Motion was seconded by LYONS and upon vote motion carried unanimously. Mayor EVANS reported on the Airport Courtesy Car program. He quoted prices that both Pionier Aviation and McCall Air Taxi was charging for their private car rentals. After considerable discussion, it was moved by HARDY and secon- ded by LYONS to cancel the Courtesy Car Agreements and make arrangements to unload the dismantled car. Upon vote the motion carried unanimously. Attorney Remaklus read at length the Resolution prepared to clear the title on a parcel of property at the Golf Course between the McCall Chamber of Com- merce, Brown Tie and Lumber Co. and the City. It was moved by LUTES and sec- onded by WARD that the following Resolution be adopted: RESOLUTION WHEREAS, the premises hereinafter described were inadvertently omitted from a deed dated November 15, 1967, wherein the City of McCall traded cer- tain other lands and the lands herein described with Brown's Tie & Lumber Company, and Idaho corporation, in return for a deed from such corporation covering other lands to the City and the construction by such corporation of an additional nine hole golf course including greens, tees and fairways, in order for the City to have and operate an 18 hole golf course; and WHEREAS, the deed by which the City of McCall acquired the lands herein- after described contains a reversionary clause to the grantor therein, the McCall Chamber of Commerce, in the event such lands are not used for golf course purposes; and the Chamber of Commerce has deeded such reversionary interest to Brown's Tie and Lumber Company; and WHEREAS, such lands have not been used by the City for golf course purposes and in fact have been subdivided and sold and homes constructed thereon over the last 14 years, and since the City claims no interest in the lands herein described and in order to clear the chain of title thereto the City is willing to issue to Brown's Tie & Lumber Company a quitclaim deed thereto. NOW, THEREFORE, BE IT RESOLVED that for the foregoing reasons, the City of McCall hereby relinquishes any and all claims to such lands and authorizes and directs the Mayor and Clerk to execute and deliver to Brown's Tie & Lum- ber Company, an Idaho Corporation, a quitclaim deed thereto; that such lands are situate in the City of McCall, Valley County, Idaho, and are more parti- cularly described as follows, to-wit: Ail that portion of the SE¼SE¼ of Section 4, Township 18 North, Range 3 East, B.M., lying North of the North right of way line of Lick Creek Road, except therefrom the West 675 feet thereof. Upon vote WARD, LUTES, HARDY and LYONS voted AYE. Motion carried unanimously and the Resolution is adopted. MAYOR EVANS adjourned the meeting at 8:55 P.M. until Monday, October 5, 1981, at 7:00 P.M. ~ - ~ ! ] '~ayol'~'~ -- OCTOBER 5, 1981 McCall City Council met in regular session Monday, October 5, 1981, at 7:10 P.M., Mayor EVANS presiding. Those present were Councilmen WARD, HARDY and LYONS, Administrative Assistant Seetin, Attorney Remaklus and Clerk Fogg. Councilman LUTES was absent. Mr. Castoff, representing approximately 28 to 30 individuals owning and occupying property located on North Lakeshore Drive, presented a petition to the City of McCall, Idaho, City Engineer, City Street Department, request- ing the City of McCall surface said street with asphalt paving to alleviate the serious problem with dust from travel on the street, requesting further that the entry to the street be conspicuously marked with "no through traf- fic'' and "dead end" signs and that, at one or more locations, speed bumps or dips be constructed to control speed of vehicles traveling on the street to protect the many children who reside on said street. Following discussion, Castoff inquired about the possibility of doing this project if the property owners bore half the cost. Mayor EVANS explained that the City had received other similar requests and petitions and the Council could not give very much assurance that this work would be done next year or the year after but that the proposal and/or offer of participation surely will help. Those present were told that City Superintendent Seetin would take some measurements in the area in order to determine the cost and make recommendations, also, would follow up on the signs and request for speed bumps or dips. At the McCall City P & Z Commission meeting on September 15, 1981, the Commission recommended approval of the request of Jeff Ramey for a Variance to side setback requirements on Lots 5-12, Block 11, Lardo Subdivision. Var- iances on individual lots are as follows: Lots requesting zero property lines - West side of Lots 5, 7, 9, 11; East side of Lots 6, 8, 10, 12; Lots requesting 9' setback rather than the required 11': West side of Lots 6, 8, 10, 12; East side of Lots 5, 7, 9, 11. As required in 13-24-4 (A), reasons for approval are: (1) Variance is not against public interest, and (2) it is a more desirable way to develop those lots mentioned above. John Russell appeared before the Council to file an Administrative appeal from the action of the Planning and Zoning Commission in recommending approval of Jeff Ramey's request for Variance to side setbacks, a copy of which is attached hereto. Lenghthy discussion followed. Having had an appeal presented to the Council by John Russell, it was moved by HARDY and seconded by WARD to set a public hearing date of November 2, 1981, to consider all information, testimony and the Commission's minutes of the public hearing on Jeff Ramey's Variance request in order to reach a deci- sion to uphold, conditionally uphold or overrule the Commission. Upon vote motion carried unanimously. Other action taken by the Planning and Zoning Commission at their September 15, 1981, meeting was the denial of the request of Viki Abram and Marc Ander- son to reclassify the zone of their property, Lot 1 through 12, Block 5, Lardo Subdivision from A - Low Density Residential to C - Commercial. As required in 3-24-4 (A), reasons for denial are: The zone change would be spot zoning and would be undesirable at this time to the comprehensive plan. The Council has received no appeal from this action. It was moved by HARDY and seconded by WARD to uphold the recommendation of the Planning and Zoning Commission for denial of the request of Abram and Anderson to reclassify the zone of their property. Upon vote the motion carried unanimously. Mayor EVANS announced that the Referendum and Initiative Election is to be held October 13, 1981, from 12:00 noon until 8:00 P.M. By Idaho Code the Council is required to canvas votes within five days. It was the consensus of the Council to have a special meeting on Wednesday, October 14, 1981, at 5:00 P.M. Purpose of the meeting is to canvas the ballots of the Refer- endum and Initiative Election and conduct such other business that may come before the Council. The Council was informed of the vacancy on the Area of City Impact Planning and Zoning Commission created by the verbal resignation of Joe Bross on August 24, 1981. Jack Katzenberger, a contractor who lives in the Impact Area, has expressed interest and is willing to work on the Commission. It was moved by HARDY and seconded by WARD to accept the resignation of Joe Bross as a member of the Joint Planning and Zoning Commission. Upon vote the motion carried unanimously. Mayor EVANS announced that, unless the Council has someone they would like to appoint on the Commission at this time, I would appoint Jack Katzenberger to the Area of City Impact Planning and Zoning Commission. It was moved by WARD and seconded by LYONS to con- firm the appointment of Jack Katzenberger to the Area of City Impact Planning and Zoning Commission. Upon vote the motion carried unanimously. Mayor EVANS is to notify Katzenberger of his appointment. John Richards, Richards Construction Co., is the contractor removing the rails and ties from the Union Pacific right of way and he has contacted the Mayor regarding the City's railroad crossings. He has inquired as to whether the City wants the railroad ties and rails removed from the crossings, fill put in and, eventually, the pavement would be replaced or would they prefer to have the rails and ties left in place, cutting off the rails at the edge of the present girth and covered with gravel. Following discussion, it was moved by HARDY and seconded by LYONS to notify Richards Construction Co. by letter to leave the rails and ties in place at the City's crossings and cover the ends. Upon vote the motion carried unanimously. The City received a letter from Union Pacific Railroad Company dated September 23, 1981, with a map which had been marked showing every place there's been ADMINISTRATIVE APPAL MCCALL PLANNING AND ZONING' COMISSION ATTN: CITY CLERK, P&Z COM. This is an administrative appeal of the P&Z decision 9/15/81 to re to the city council approval of the setback variance requested by Jeff Ramey for lots '5-12 block 11 Lardo Subdivision. I am appealing this decision because I feel the commision erred in the below listed areas. I would like this appeal to rest on the merits of each individual statement, so that it won't be denied simply because some of my statements are, in your opinion, in error. My statements will make it apparant that the letter of the law (ordinance) was not attained to, thereby negating the P&Z approval. I refer you to chapter 23, City of McCall Zoning Ordinance: ( I list the section I'm refering to and then my comments) 3-23-1 This decision is contrary to public interest because it has been granted, not because unnecessary hardship was proven, or even attempted to be proven; but rather thru the coercive and odious methods of Mr. Ramey .,."if you don' t give me what I want, I'll build 8 tiny houses on my lot: "... which' is non other than granting him his wishes solely on the grounds of convienience and profit, specificall spoken against in this ordinance. 3-23-1 (A) Again, undue hardship was not proven or even attempted, and the only special circumstance applicable was lot size. Topography, location (will it it in with the residential A use of the area, the long time established use of these same lot sizes by the adjoiners?), traffic conditions (how will Rowland/Rio Vista Blvd. handle the side road traffic of 8 apartments?), and surroundings (see location) all special circumstances which speak against the variance; (simply because without the variance he couldn't and wouldn' t build to the density of 8 units, because he couldn't sell them. IHe threatened 2 years ago to build his 3 tiny houses and hasn' t started even one,) 3-23-1-A-1. By strict adherence to the zoning ordinance you are in no way depriving Mr. Ramey of any 'privloges' granted to others in the area ( we all have at least 20' setbacks from main streets, and the lots have been used in pairs or more to create adequate lot sizes.) 3-23-1-A-2. Is his land economically usefull only if it has a structure on it? Hardly, to consider otherwise is ludicrous. 3-23-1-A-3. This variance approval was not and is not clearly in the public interest. The only interest it's in is Mr. Ramey's. Can you prove otherwise? I !znow this development, with subsequent close proximity to my single family house will lower my resale value, and diminish its atmosphere, and this is a dollar and cents loss that your variance increases by allowing him to place his row house all that much closer to me. Agnes Rowland feels much the same. 3-23-1-B--2 The requirod narrative (was there ono)? couldn't have proven that special circumstances exist which are peculiar to the land, which don't exist on other lands in the same area. 3-23-1-B-2b The special circumstances for this variance are a direct result of the actions of the applicant. He wants to cram 8 tacky apartments on a postage stamp by hook or crook, desiring the essential vacation of lot linos and an unwritten change to zone B density by removing said lines, all without going thru the proper legal channels for vacation and zone change. (continued) 0 (Cont. ) 3-23-1-B-2c The granting of this variance. will definately confer upon the applicant special privleges not enjoyed by others in the sane district. This is obvious. 3-23-1-B-3 Jeff Russell, adjoiner was not notified, to my knowledge, of this public hearing. 3-23-2 Also related to this matter is the subject of the construction of Park and Frost streets, to city spec.s with water and sewer and blacktop, as was spec- ified by the commission in 1979 when Ramey tried to ram this thing through. The decision being that this work must be done, by and at the expense of the developer before approval of building permits, so that proper planned access to the development and adequate snow removal, would be assured. Has this condition been added to the variance recomendation, written down for all to remember and none to forget? This is a necessary condition and should be added at this time, without it the P&Z has set temselves up for a round of ..."they didnt tell me when I applied for the variance so how can you make me now"... type of welshing so commonly' seen in this town. In summary, the applicant did not prove in any way the necessary criteria to justify this variance, its not in the public interest, he's not facing undue hardship (why not four houses on his postage stamp). The variance approval for recomendation was granted in light of coercive rhetoric, and that is no way for government to act, indeed it is a violation of principal, logic and I would hope pride. Let him build his 8 tiny seperate houses, he'll never do it. I would appreciate consideration of each of these points brought up, and a reply to each. I work out of state a lot, but will try my darndest to be at all related meetings of the P&Z and city council concerning this variance and my appeal of this decision. Any advance notice will be greatly appreciated. ;Sfnc rely yours, an encroachment by the City on railroad right of way by water line crossings, sewer line crossings, culverts and etc. Unless instructed otherwise, they will be removed, but will leave them in place if they are notified regarding every one of the locations. Seetin will check the map with existing loca- tions in order to notify U. P. Railroad Company. Mayor EVANS is to notify the Union Pacific Railraod Company that the City of McCall is vitally interested in acquiring the abandoned portion of the rail- raod right of way for corridor purposes in answer to their letter of Septem- ber 23, 1981, in which they informed the City that in the past it has been the practice of the Railroad to sell abandoned right of way to adjacent pro- perty owners in the absence of a sale of same for corridor purposes. Harold E. Thomas submitted a letter, dated September 24, 1981, requesting a site at the McCall airport for his hangar and aircraft. It was stated in his letter they are expanding their summer guest business and fall hunting trade at the Allison Ranch and Cook ranch on the main Salmon River. The question was raised with regards to an individual flying out of McCall for hire having to comply with F.B.O. operation, requirements. Attorney Remaklus requested time to research the airport minimum standards before making a ~ recommendation. Since Mr. Thomas' hangar does not meet the criteria for new hangars according to the Airport Master Plan, Councilman HARDY will have some Airport Advisory Committee recommendations at the next meeting, also. The Council was advised of the time extension given C.M. Construction Co., because of delay in construction. It was moved by HARDY and seconded by WARD to confirm the approval of the time extension to C.M. Construction Co. to a completion date of November 8, 1981, of Mill Park. Upon vote the motion carried unanimously. Helen Curtiss' request to connect to the City water line was presented. She lives in the Pilgrim Cove area immediately North of the Pilgrim Cove Commun- ity area. She is aware of the cost of construction being her expense as well as her, water rates being double, since they are outside City limits. Seetin advised that there would be no problem providing water to Mrs. Curtiss but suggested that there be some notation made that that would be the end of the water line extension at Pilgrim Cove. It was moved by HARDY and seconded by LYONS to approve providing water to Helen L. Curtiss, residing in Pilgrim Cove area, and there is to be no further consideration of water line exten- sion in that area. Upon vote motion carried unanimously. Mayor EVANS reported on A.I.C. Legislative Committee meetings and the proposed legislation important to small cities. Council received a letter of thanks from Sharon Wolfe for their stand on the Road House issue. Attorney Remaklus informed the Council of the action taken in the Udell versus the City court case. He explained that Judge Smith's opinion and the effect of the order is that he refused to order the City to lift the "Stop Work" order and allow the petitioner's to proceed with the con'struction of a garage until final disposition. The Judge's theory seemed to be that, even though it was State-owned land, the streets were dedicated and were intended as public ways and had not been vacated. Mayor EVANS told the Council that both Planning and Zoning Commissions are confronted with a similar problem, the matter of people making applications and receiving a building permit for a single family dwelling to be owner occupied under the moratorium, which houses are for sale and have all the earmarks of being duplexes. This situation is being researched with the City Attorney, State Electrical Inspector and State Plumbing Inspector for a solu- tion. Attorney Remaklus will investigate Court action taken with regards to removal of boat docks before further action is taken or letters written regarding docks on City beaches. Mayor EVANS announced that the following bids were received in reply to the City's call for bids for a Triplex Greensmower published in the Star News September 17, 1981, and September 24, 1981: Boyd Martin Co., Jacobsen Greens- King IV w/catcher and grooved front rollers, $7,280.00; and Turf Equipment Co., Toro Greensm~aster III, Model #04327, w/04416 Wiehle rollers 28-2150 Ind. Reel Shug-z-off Kit, $6,800.00. Golf Superintendent Michels reports both machines are comparable in nearly all respects. It was moved by WARD and seconded by HARDY to accept apparent low bid of Turf Equipment Co. to provide a Toro Greensmaster III at abid price of $6,800.00. Upon vote HARDY, WARD, and LYONS voted AYE. Motion carried unanimously. Clerk reported that an Idaho Liquor Catering Permit had been issued to Francis Frost dba Chicken Roost Supper Club to be used September 12, 1981, at the Golf Course for the Chapman Golf Tournament. Permit had approval of Police Chief Lyon. Superintendent Seetin is to check on the cracks in the pavement at the Airport. Attorney Remaklus reported on the Ferney versus City court case held today. The City was ordered to show cause why it should not approve the transfer of the licenses to Mr. Ferney, operator of the Road House. A specific Writ was asked for restraining the City from interfering with Ferney's operation of the Road House pending a final disposition or trial of the matter to determine whether or not the City is going to be required, by Court, to approve the transfer of the licenses. The net effect is that he can operate and sell alcholic beverages pending a final disposition of this action. Trial~date will be fixed by Judge Smith. Conditions imposed on Ferney were: no loud music, no noise, and no parking in driveways. Golfscapes, LTD., Edward A. Hunnicutt, submitted a billing to McCall Golf Course for $8,430.00 for work done during July and September, 1981. Hunni- cutt stated on his billing that he owed the City approximately $6,100.00 plus interest and would like to call this invoice paid in full. The following bills were read for payment: 3348 Donald R. Broughton $ 250.00 3349 Hugh H. Cooke 200.00 3350 John L. Lyon 250.00 3351 Larry Olson 250.00 3352 Vernon L. Parker 200.00 3353 Roger W. Rockwell 250.00 3354 Terry A. Sharp 250.00 3355 Paul K. Trahan 250.00 3356 Donald B. Van Cleave 250.00 3357 Idaho First National Bank 11,253.51 3358 Idaho First National Bank 33,797.73 3359 Idaho First National Bank 60,669.91 3360 Terry Sharp - Petty Cash 15.13 3361 Stephen L. Bates Fire Equip. 60.00 3362 Babineau, Dennis P. 551.92 3363 Bates, Roger D. 751.37 3364 Bates, Sandra K. 657.69 3365 Broughton, Donald R. 659.50 3366 Cantrell, Gloria L. 368.76 3367 Catlin, Joye S. 633.79 3368 Chalfant, Larry 1,049.08 3369 Cooke, Hugh H. 663.25 3370 Creech, James F. 91.48 3371 Dalgleish, Lorne D. 743.55 3372 Drips, John B. 670.74 3373 Evans, Bill A. 82.76 3374 Fitzwater, Donald L. 76.25 3375 Fogg, Margaret E. 789.64 3376 Gantz, Mike 23.07 3377 Hardy, James W. 66.38 3378 Howard, Sophie T. 657.27 3379 Laidlaw, Augusta 153.23 3380 Lewinski, John R. 951.30 3381 Lutes, Clifford 66.38 3382 Lyon, John L. 968.11 3383 Lyons, James R. 66.38 3384 Mickels, Brian S. 840.68 3385 Murray, Blaine 610.64 3386 Murray, Ralph R. 473.94 3387 Olson, Larry S. 782.71 3388 Parker, Vernon L. 376.~5 3389 Pierson, Alta C. 123.91 3390 Remaklus, Robert H. 562.92 3391 Rhodes, Kay L. 52.28 3392 Rivers, Joni L. 355.54 3393 Rockwell, Roger W. 691.00 3394 Rupe, Laura L. 354.41 3395 Seetin, W.O.J. 1,295.90 3396 Seetin, W.O.J. 235.17 3397 Sharp, Terry 339.96 3398 Smith, David B. 1,064.38 3399 Trahan, Paul Ko 636.82 3400 3401 3402 3403 3404 3405 3406 3407 3408 3409 3410 3411 3412 3413 3414 3415 3416 3417 3418 3419 3420 3421 3422 3423 3424 3425 3426 3427 3428 3429 3430 3431 3432 3433 3434 3435 3436 3437 3438 3439 3440 3441 3442 3443 3444 3445 3446 3447 3448 3449 3450 3451 3452 3453 3454 3455 3456 3457 3458 3459 3460 3461 3462 3463 3464 3465 3466 3467 3468 3469 3470 3471 3472 3473 3474 3475 Van Cleave, Donald B. Ward, Ernest E. Wilson, Robert V. Woods, Ernest H. State Auditor, Social Sec. Idaho First National Bank State of Idaho Tax Comm Public Employee Retirment Association of Idaho Cities American Family Life Assurance Idaho Public Empl. Credit Union Postmaster Idaho First National Bank Association of Idaho Cities Postmaster State Auditor, Social Sec. McCall Police Department Evans, Bill Ainger, Maury Bollar, Rick Botsford, Bill Bowling, Ron Chaloupka, Tom Cochran, Dan Eddins, Dempsey Everhart, Tim Fitzwater, Don Haworth, Bill Fitzgerald, Martin Jackson, Glen Katzenberger, Jack Madden, Jim Medley, Ken Smith, Dave Smith, Russ Stathis, Harry Taylor, Skip West, Dana Howard, Sophie T. Bates, Sandra VOID Action Express Art Mart, Inc. B. Whalen's Barney Hansbearry Bill's Union Service Boyd Martin, Co. Cambridge Litho Caxton Printers, LTD Century Lab. Chevron USA Inc. VOID Consolidated Supply Co. Consumer Reports Continental Telephone Co. Dan's Saddlery Doubleday & Co., Inc. Evergreen Sprinkler Supply F-Stop Fisher Scientific Gaylord Bros., Inc. Great Western Chemical Co. Highsmith Co., Inc. IPOA, Inc. Idaho First National Bank Idaho Power Idaho Sporting Goods Co. Ingram May Hardware Inc. Mark's Chevron McCall General Supply McCall Rental & Sales Medley Sports Men's Wardrobe, Inc. Merc,~ The NW Law Enforcement Equip $646.64 70.01 142.83 218.50 2,159.38 4,482.90 1,241.55 4,281.61 1,371.44 32.00 75.00 90.00 4,175.96 56.50 136.08 2,159.52 24.72 60.20 55.50 7.00 10.50 14.00 18.50 18.50 14.00 7.00 79.00 3.50 40.50 30.00 15.50 104.00 15.00 30.50 37.00 33.50 22.00 29.00 3.25 12.25 60.60 117.19 216.85 13.20 6.20 2,361.30 69.50 17.56 81.00 996.60 150.65 12.00 679.50 96.85 45.78 1,682.99 26.85 1,350.26 35.16 481.99 28.64 75.00 416.52 3,314.19 30.74 351.27 739.36 132.21 18.48 31.80 16.85 219.36 9.95 68.97 3476 3477 3478 3479 3480 3481 3482 3483 3484 3485 3486 3487 3488 3489 3490 3491 3492 3493 3494 3495 3496 3497 3498 3499 3500 3501 3502 3503 3504 3505 3506 3507 3508 3509 3510 3511 3512 Northwestern Industrial Lamp Co. O.M. Scott & Sons Co. 0SC Data Office of State Tax Comm Payette Lakes Lumber Co. QPBC, INC. Quill Corp. Radio Shack Rogers Machinery Co. Ron's Shell Service Rowland Bros. Sargent-Sowell, Inc. Sears, Roebuck and Co. Shaver's SonnY's Tire Serv. & Auto Parts Snowbird Laundry Sports Marina Stan's Auto Parts Sterling Codifiers Inc. Steve Regan Co. Star-News Star- News Time/Life Books Turf Equipment Co. Union 0il Co. Valley County Valley County Recorder Valley Rock Water & Waste Water Equip, Co. Western Equipment Co. Western Equipment Co. Western Fire Equipment Co. Wildwood Log Homes Inc. Zimmer & Francescon, Inc. Consler Corporation Action Express Larry S. Olson $261.20 14.00 230.00 323.88 1,408.98 7.00 22.50 16.90 219.81 34.94 163 70 52 15 76 21 12.71 178 76 90.75 214 90 125.16 241.50 207.60 12.00 123.52 25.56 6,800.00 74.02 233.62 33.00 30.00 2,942.12 1,324.38 295.18 75.52 91.00 81.03 787.21 59.85 400.00 Following the reading of the bills, it was moved by LYONS and seconded by WARD the bills be approved and ordered paid. Upon vote WARD, LYONS and HARDY voted AYE. Motion carried unanimously. Mayor EVANS recessed the meeting at 9:30 P.M. until Wednesday, October 14, 1981, at 5:00 P.M~~- OCTOBER 14, 1981 McCall City Council met at 4:00 P.M., Wednesday, October 14, 1981, for continuance of the recessed meeting of October 5, 1981, Mayor EVANS ~esiding. Those present were Councilmen LYONS, WARD, LUTES and HARDY and City Clerk Fogg. The purpose of the meeting being to convass the votes of the Special Referendum and Initiative Election held October 13, 1981, and other business that may come before the Council. The Mayor and Councilmen counted the ballots of the October 13, 1981, Special City Election. Following the canvass of the votes and tally records, it was moved by LUTES and seconded by HARDY to accept the figures of the Election Judge and Clerks as follows and verfied by canvassl To repeal Ordinance No. 426 of the City of McCall, IdM~o, relating to Zone F-Urban Agriculture and Recreation District: 1. In favor of repealing Ordinance No. 426 of the City of McCall, Idaho - - Total vote 87 2. Against repealing Ordinance No. 426 of the City of McCall, Idaho - - Total vote 160 To enact a new ordinance for the City of McCall, Idaho, creating a Zone F-Urban Agriculture and Recreation District, setting forth rules and regulations therein and providing for tracts of no less than five (5) acres in size: 1. In favor of enacting a new ordinance creating a Zone F-Urban Agriculture and Recreation District eliminating one (1) acre tracts. Total vote 90 2. Against enacting a new ordinance creating a Zone F-Urban Agriculture and Recreation District eliminating one (1) acre tracts. Total vote 158 Upon vote HARDY, LUTES, LYONS and WARD voted AYE. Motion carried unani- mously. Proposed Ordinance No. 440, an ordinance related to zoning with reference to rezoning of Helmich property, was read at length by Mayor EVANS. HARDY introduced and moved adoption of proposed Ordinance No. 440, AN ORDINANCE RELATED TO ZONING; CHANGING ZONE CLASSIFICATION OF CERTAIN PROPERTY IN THE CITY OF McCALL; AMENDING THE MAP OF ZONING OF THE CITY OF McCALL; AND DIRECTING THE CITY ENGINEER TO ENDORSE SUCH CHANGES ON SAID MAP. It was moved by LYONS and seconded by WARD to suspend the rules for passage of proposed Ordinance No. 440. Upon vote motion carried unani- mously. Lutes seconded the motion for adoption of proposed Ordinance No. 440. Upon vote LYONS, HARDY, LUTES and WARD voted AYE. Ordinance No. 440 is duly adopted. Mayor EVANS recalled the provision made in the 1981/1982 budget to ac- quire a new loader and backhoe. City has received a proposal from Western Equipment Co. for a used machine for $56,200 and has offered $5,000 for the City's old Hough machine and backhoe attachment. In order to obtain the lease purchase agreement, the City would have to pay $11,000 leaving a balance of $40,200 to be paid over 47 payments of a little less than $1,000 a month. Following discussion, it was moved by HARDY and seconded by LYONS to execute lease purchase agreement with Western Equipment Co. for loader and backhoe. Upon vote LYONS, HARDY LUTES and WARD voted AYE. Motion carried unanimously. Don Micknak was present and informed the Council that Harold Thomas, Allison Ranch, who has requested a site at the airport for his hangar, would not be a 135 operation. He does not fly for hire, would be flying only corporate people so there is no revenue involved. Mayor EVANS told Micknak that, upon reading Thomas' letter of request, there was some question in the minds of the Council. Letter was given to Attorney Remaklus to determine whether Thomas can operate as transit, aircraft or is, in fact, a 135 operation. Until the Council receives some clari- fication and recommendation from Attorney Remaklus no Council decision can be made. Mayor Evans adjourned the meeting at 5:35 P.M. until Monday, November ' [ ~ity Clerk NOVEMBER 2, 1981 McCall City Council met in Regular session Monday, November 2, 1981, at 7:00 p.m. Mayor EVANS presiding. Councilmen present were HARDY, LYONS, LUTES ANDWARD. Others present were Administrative Assistant Seetin, Building Inspector Tr~han, Attorney Remaklus and Clerk Fogg. The minutes of meetings held September 8 and September 14, 1981, and October 5, 1981, were read and approved, as read. Mayor ~gANS announced that Judge Smith has set the court case of Firney versus City of McCall for Monday, December 28, 1981, at 10:00 a.m. s~d set aside two days for the trial. Remaklus commented that he thought the City could get a resolution of this mtter by filing a motion for a psrtial s~vmsmy judgment asking that the transfer of the licenses be denied v,Qon the grounds of the inconsistency of entities who have applied for the State and County licenses. If that is denied, I think that the City will have to issue the licenses. It was the cons~s~B of the Council to proceed with this course of action. Mayor EVANS announced that this is the time and place set for a public hearing to consider the Appeal of John Russell from the decision of the McCall Planning and Zoning Co~mission approving the application of Jeff Ramey for a varience to side setback requirements on Lot 5-12, Block 11, Lardo Subdivision as advertised. Mayor restated the infor- mtion and action taken to date regarding Ramey's request and asked for comments from those wishing to be heard. Paul Trahan, Building Inspector, reported that the Planning and Zoning Commission saw no problems in the plot plan as presented and their reasons for approving the varience were that this plan would be aesthetically better because of the 25' lots and density allowed. Jeff Ramey explained his plans, varience request and side setbacks. Because of lot size, he would build two buildings together n~king a town house effect with four units instead of building eight narrow homes on the eight lots. John Russell stated that the Planning and Zoning had not substantiated the grounds for their decision; did not have any findings of facts, rather than aesthetics, to grant this varience; and undue hardship has not been proven. There were no other persons present to be hes~d. Following discussion, it was moved by LUTES and seconded by HARDY to uphold the recommendation of the Planning and Zoning Co~mission and approve the request of Jeff Ramey for a varience to side setback requirements on Lots 5-12, Block 11, Lardo Subdivision. Upon vote HARDY, LUI~S, and LYONS voted AYE. WARD voted NAY. Motion carried by one-half plus one of the Council members. Jof~ Russell inquired as to the responsibilities of the City to provide useable streets to residents within a subdivision. It was explained that, even though such streets were platted and easements give to the City for public streets, the City is not required to build roads for developers. At their meeting of October 6, 1981, McCall Planning and Zoning Com- mission recommended approval of the Hard Plat of Fairways Condominium Phase I, nine units. It was moved by HARDY and seconded by LYONS to approve the Hard Plat of Fairways Condonminium Phase I contingent upon Attorney Remaklus' approval of Condominium Declaration and receipt of licensed engineer's approval of the sewer system conforming to ~ate standards, and authorize the Mayor and Clerk to execute same. Upon vote LYONS, HARDY, LUTES and WARD voted AYE. Motion carried. Following a Public Hearing held October 28, 1981, the Impact Area Planning and Zoning Co~m~ission recommends the denial of the Frank Galey, Jr. request for a Special Use and Varience to allow a Re- taining Wail, already constructed, one (1) foot two (2) inches from the side property line and to allow the construction on 87% of his lot at Group A, Lot 33, Payette Lake Club Grounds, with reasons given for opposition: (1) It was done after the fact; (2) Height of the wall; and (3) Sensitivity to the land. Galey reviewed action taken since he first made application for a building permit through the County, and offered to paint the wall in question a light brown to enhance appearance. Following a review of the P and Z minutes and lengthy discussion regarding the cabin and wall, it was moved by HARDY and seconded by LYONS to overrule the recomendation of the Joint P and Z Co~mission and approve the Special Use and Varience requested by Mr. Galey for the Retaining Wall as it appears on the drawings and to allow construction on 87% of his lot. Upon vote LYONS, HARDY, LUTES and WARD voted AYE. Motion carried. Reasons given for this decision were, because of the mix-up between County and City regarding the application, there was a question of whether Galey intentionally broke the law. Also, Attorney Remaklus was concerned about possible errors made in writing up the notices for public hearing and recommended that, in the future, a careful study of the drawings be made so that all things will be addressed at one hearing. A Public Hearing was held by the Joint P & Z Commission on October 28, 1981, to consider the Special Use and Varience of Glen Munn for a garage built on his property at Section 5, Lot 4, Jews Harp Addition on Warren Wagon Road, 12feet back instead of the required 20 feet. The Com~ssion recommends the approval of this request stating in compliance with 3-24-4 the following is observed: (1) The ordinance has been complied with from the standpoint of showing the descrip- tion of the Varience requested. (2) Demonstrates it conforms to the special conditions and circumstances that do exist that are peculiar to that portion of land, structure and buildings involved. (3) Non- conforming use exist in the Shoreline and River Environs District located next to that property. (4) It won't confer on the applicant any privileges that are denied by Ordinance to any others in that district. The Council did not agree with the observations 2, 3, and 4 as listed and following discussion, it was moved by LUTES and seconded by HARDY to overrule the Joint Planning and Zoning Commission's recon~nendation re- garding the Special Use and Varience of Glen Munn and require the garage be removed or moved back to required setback. Upon vote, HARDY, LUTES, LYONS and WARD voted AYE. Motion carried unanimously. Mayor is to notify Glen Munn of Council action. A Public Hearing was held on October 20, 1981, and the McCall Planning and Zoning Commission recommends approval of Fred Corey's Varience re- quest to place a deck on his mobile home at Pebble Beach Trailer Court four (4) feet from the side property line. In compliance with 3-24-4, the following is observed: (1) The McCall Code, Residential Zone chapters were used in evaluating this request, and (2) The Commission finds that the surrounding property is presently e~oying the same privileges as requested; that it is replacing a deck that has been there which conforrl~ed to the Ordinance at that time. It was moved by HARDY and seconded by WARD to uphold McCall P and Z Commission's recon~nendation and approve Fred Corey's Varience request to place a deck on his mobile home at four (4) feet from side property line. Upon vote, motion carried unanimously. Attorney Remaklus read at length proposed Ordinance No. 441, an ordinance relating to building permits. ?lgRDY introduced and moved adoption of proposed Ordinance No. 441, AN ORDINANCE RELATING TO BUILDING PERMITS, A~aNDING SECTION 2-1-14 OF THE VILLAGE CODE OF McCATJ,, IDAHO, AS AMENDED BY ORDINANCE NO. 424 OF THE CITY OF McCALL PASSED ~© APPROVED MARCH 2, 1981, EXTENDING THE TIME FOR COMMENCEMENT OF WORK AUTHORIZED BY A BUILDING PERMIT TO 180 DAYS. It was moved by LUTES and seconded by WARD to suspend the rules for passage of proposed Ordinance No. 441. Upon vote motion carried unanimously. LYONS seconded the motion moving the adoption of proposed Ordinance No. 441. Upon vote LYONS, LUTES, HARDY AND WARD voted AYE. Motion carried and Ordinance No. 441 is duly adopted. Mayor advised the Council of furnace problems at the Fire House and, if repairs being made at the present time do not prove to be dependable, it may be necessary to install a heating system. Harold Thomas' request to move his hangar in and base aircraft at the ai~ort was discussed. Remaklus had contacted Worth~Rauscher, Aero- nautics Department, and was told that hauling for hire requires operator to be a F.B.O. operator. HARDY suggested the City ~rite Thomas asking for a letter from him explaining in detail exactly what his operation is, which letter will be referred to the Attorney to compare with our Minimum Standards and make a recommendation. Area of City Impact Planning and Zoning Commission held a Public Hearing October 28, 1981, to consider the Special Use and a Varience of Robert Hoskingto allow the placing of a house on a lot with a 60 foot'se~ fr~e Lake and to cover more than 50% of the lot at Lot 6, Shady Beach Community. The Commission recon~nends approval of the request. In compliance with 3-14-4, the following is observed: (1) The placement of the house would be in the best place as proposed. (2) No special use granted that has not been granted to other homes in that area. (3) It is utilizing the property to a better extent. (4) It grants no special privileges that are denied by this Ordinance to lands, structures or buildings in this same district. It was moved by HARDY and seconded by WARD to uphold the recommendation of the P and Z Con~nission and approve the Special Use and Varience for Robert Hosk~ng for an.ei_~g~ty (80) foot setback from the lake and to cover more than 50% of the~lot at Lot 6, Shady Beach Community. Upon vote motion carried unanimously. Council was informed that the Airport Courtesy Cars were picked up by the Division of Aeronautics, on October 23, 1981, ~d that Mr. Weiss. had notified the Clerk that the State Division of Aeronautics agrees to the City paying $1,140.12 to close out the Courtesy Car account. It was moved by HARDY and seconded by WARD to pay the State Transpor- tation Department, Aeronautics Division, $1,140.12 to close out the Courtesy Car account. Upon vote, WARD, HARDY, LUTES and LYONS voted AYE. Motion carried unanimously. Mayor announced that the A.I.C. has scheduled a meeting for Friday, November 6, 1981, in Boise for imput on the proposal made by Idaho Power to change all street lights to the energy-efficient, sodium- vapor lights. Results of the conference will be made available to the Cities by A.I.C. Council set a special meeting date for 5:00 p.m. Monday, November 9, 1981, to canvas ballots of November 3rd City General Election and open Police car bids. HARDY reported that the Airport Advisory Committee made a recor~nendation to reject Smith and Kangas, Inc. Airport T-Hangar plans, recon~aending following changes: (1) Flat roof with two (2) foot overhang to prevent snow sliding on aircraft and doors. (2) Center bearing walls with slight pitch for drainage. (3) Shorter trusses. (4) Center anchor for sliding doors. (5) Wall studs 2x4 or 2x6. (6) Smaller beams over door. HARDY informed the Council that Dr. Wayne Allen and Warren Brown request replacement on the Airport Advisory Commission and the Commission recom- mended that Bill Jeffs and Rod Nielson be appointed. It was moved by HARDY and seconded byLYONS to appoint Bill Jeffs to the Airport Advisory Board as Dr. Allen's replacement and Rod Nielson as Warren Brown's re- placement, both for three year terms, ending March, 1984. Upon vote motion carried unanimously. Mountain Tours, William Erickson, proprietor, request for a Taxi Permit and ski shuttle service was presented. It was moved by LYONS and seconded by WARD to approve a Taxi License for Mountain Tours for October 1, 1981, to October 1, 1982. Upon vote motion carried unanimously. Remaklus' cor~nent regarding School Superintendent Wilson's inquiry relevant to dedication of lands to the school as a condition of accepting subdivi- sion plats was that it would require enabling legislation from the State Legislature and Remaklus will so inform Mr. Wilson. Trahan suggested that Mill Park area below high water mark be cleaned up while the water is down. The following bills were read for payment: No. 3513 Donald R. Broughton $ 250.00 3514 Hugh H. Cooke 300.00 3515 John L. Lyon 250.00 3516 Larry S. Olson 250.00 3517 Vernon L. Parker 200.00 3518 Roger W. Rockwell 250.00 3519 Terry A. Sharp 250.00 3520 Paul K. Trahan 250.00 3521 Donald B. Van Cleave 250.00 3522 Brass Lamp Pizza 17.03 3523 John L. Lyon 2.02 3524 Julie Eddins 25.15 3525 Cornila Klott 24.15 3526 Emily L. Whitman 24.15 3527 McCall Police Department 17.00 3528 Idaho First National Bank 71,380.82 3529 Void Void 3530 Dennie P. Babineau 605.89 3531 Roger D. Bates 853.53 3532 Sandra K. Bates 742.16 3533 Donald R. Broughton 788.36 3534 Gloria L. Cantrell 411.61 3535 Joye S. Catlin 795.54 3536 Larry Chalfant 1,161.53 3537 Hugh H. Cooke 666.61 3538 James F. Creech 117.33 3539 John B. Drips 762.20 3540 Bill A. Evans 82.76 3541 Donald L. Fitzwater 825.22 3542 Msrgaret E. Fogg 882.84 3543 James W. Hardy 66.38 3544 Sophie T. Howard 743.34 3545 Augusta Laidlaw 201.65 3546 John R. Lewinski 1,070.57 3547 Clifford Lutes 66.38 3548 John L. Lyon 1,128.28 3549 James R. Lyons 66.38 3550 Brian S. Mickels 952.06 3551 Blaine Murray 156.40 3552 Ralph R. Murray 110.74 3553 Larry S. Olson 921.73 3554 Vernon L. Parker 411.02 NO. 3555 3556 3557 3558 3559 3560 3561 3562 3563 3564 3565 3566 3567 3568 3569 3570 3571 3572 3573 3574 3575 3576 3577 3578 3579 3580 3581 3582 3583 3584 3585 3586 3587 3588 3589 3590 3591 3592 3593 3594 3595 3596 3597 3598 3599 3600 3601 3602 3603 3604 3605 3606 3607 3608 3609 3610 3611 3612 3613 3614 3615 3616 3617 3618 3619 3620 3621 3622 3623 3624 3625 3626 3627 3628 3629 3630 Alta Pierson Robert H. Remaklus Kay L. Rhodes Joni L. Rivers Roger W. Rockwell Laura L. Rupe W.O.J. Seetin W.O.J. Seetin Tez~y A. Sharp David B. Smith Paul K. Trahan Donald B. Van Cleave Ernest E. Ward Ernest H. Woods State Social Security Administration Idaho First National Bank State of Idaho, Tax Commission Public Employee Retirement System Association of Idaho Cities American Family Life Assurance Co. Idaho Public Employees Credit Union Postmaster Terry Sharp, Water Clerk International Business Machines City of McCall Julie Eddins Cornila Klott Emily L. Whitman Lardo Grill & Saloon Margaret E. Fogg Mattry Ainger Rick Bollar Bill Botsford Ron Bowling Tom Chaloupka Dan Cochran Den~psey Eddins Tim Everhart Martin Fitzgerald Tom French Bill Haworth Glen Jackson Jack Katzenberger Jim Madden Dave Smith Russ Smith Harry Stathis Skip Taylor Dana West McCall Fire Department Lorne Dalgleish Acheson Motors Action Express Art Mart, Inc. Association of Idaho Cities B. ~halen's Void BoydMartin Co. Brundage Printing Br~meel Tire Service Cal Gas - McCall Cambridge Litho Caxton Printers, LTD Chevron U.S.A. Inc. Consolidated Supply Co. Continental Telephone Co of the West Doubleday & Company, Inc. Evergreen Sprinkler Supply Co. F- Stop Film & Camera - Void Fisher Scientific Company Gaylord Bros., Inc. Gem Supply Co-op Inc. Great Western Chemical Company H. W. Wilson Company State of Idaho, Dept. of Employment Idaho Department of Health and Welfare $ 496.75 624.93 62.51 398.15 819.86 578.96 1,466.79 253.98 397.99 1,179.35 744.22 760.35 70.01 253.03 4,813.22 5,118.00 1,534.25 5,086.59 1,371.44 32.00 110.00 207.53 21.81 268.00 3,380.00 25.30 25.30 25.30 19.06 16.43 59.OO 22.00 48.50 62.50 7.OO 37.00 57.OO 40.50 64.00 25.5O 40.50 3.5O 42.50 104.00 64.00 42.00 37.00 10.50 59.00 34.50 453.25 5O.OO 55.25 214.85 583.88 40.40 Void 227.36 102.00 532.09 25.97 171.00 28.18 2,073.80 2,280.99 570.75 .29 205.91 Void 364.88 40.01 1,647.50 144.57 24.00 3.34 45.00 NO. 3631 State of Idaho, Department of Lands $ 150.00 3632 State of Idaho, Sales and Use Tax 86.99 3633 Idaho First National Bank 416.52 3634 Idaho Power Co. 7,351.60 3635 State of Idaho, Bureau of Fed. Sur. Prop. 60.00 3636 Void Void 3637 Idaho Transportation Department 700.00 3638 Ingram 37.36 3639 International Conference of Bldg. Officials 239.90 3640 John Drips 4,270.24 3641 McCall Electronic Repairs 35.50 3642 McCall General Supply 17.07 3643 McCall Rental & Sales 131.00 3644 McCall Rexall Drug 18.50 3645 Mark's Chevron Service 379.55 3646 May Hardware Inc. 366.60 3647 Men's Wardrobe 380.69 3648 Neu Lighting Supply Company 301.15 3649 Northwestern Industrial Lamp Co. 23.00 3650 O.M. Scott & Son's Company 1,802.56 3651 OSC Data 231.20 3652 Payette Lakes Lumber Co., Inc. 609.70 3653 City of Pull,an 5.60 3654 QPBC 3.75 3655 Rio Vista 2,419.20 3656 Robert H. Remaklus 4,435.50 3657 Roger Bates 150.00 3658 Rowland Bros. Inc. 360.80 3659 Running 9.95 3660 Sears 114.82 3661 Shaver's 172.62 3662 Silver Burdett Company 10.07 3663 Snowbird Laundry 53.85 3664 Southern Idaho Turfgrass Assoc. 20.00 3665 Star News 231.60 3666 Simplot Soilbuilders 55.00 3667 Skip's Texaco 78.01 3668 Sports Marina 24.90 3669 Stan's Auto Parts 145.92 3670 Superior Fire Apparatus Co. 14.89 3671 Time/Life Books 8.73 3672 Union Oil Company of California 37.28 3673 Valley County Weed Control 789.86 3674 Vicco Plumbing 42.90 3675 W.W. Grainger, Inc. 174.29 3676 Wallace Shop 89.29 3677 Water & Waster Water Equip. Co. 6,761.53 3678 Western Auto 2.89 3679 Western Equipment Co. 282.94 3680 Western Equipment Co. 1,324.38 3681 William A. Kirk Ins. Agency 235.69 3682 Grangeville Courtesy Car Fund 1,140.12 3683 Boise Steam 315.00 3684 Valley County - Sanitation Department 233.62 Following the reading of the bills, it was moved by HARDY and seconded by LYONS to approve the bills and order them paid. Upon vote LU~ES, HARDY, LYONS and WARD voted AYE. Motion carried. Mayor EVANS recesse~ eting at 11:10 p.m. until Monday, November 9, NOVEMBER 9, 1981 McCall City Council met at 5:00 p.m., Monday, November 9, 1981, for contin- uance of the Recessed meeting of November 2, 1981. Mayor EVANS presiding. Those present were Councilmen LUTES, LYONS and HARDY and Clerk Fogg. Council- man WAH)was absent. The purpose of the Special meeting is to canvas elec- tion ballots and open Police car bids. Mayor EVANS and Councilmen LUTES, LYONS and HARDY canvased the ballots of the City General Election held Tuesday, November 3, 1981. Following the ballot canvas, it was moved by HARDY and seconded by LYONS to accept the figures of the Election Judge and Clerks as follows and verified by canvas: Crowley 243 (242), Lutes 260, Archer 173, Russell 1, Hagerman 2, Scoles 1, Strickler 1, and Krahn 1. Upon vote LYONS, HARDY and LUTES voted AYE. Motion carried. In answer to the City's Call for Bids for a 1982 four-door Sedan for the McCall Police Department, the City received one (1) bid from Bob Rice Ford, Inc., 3150 W. Main Street, Boise, Idaho, 83706, for 1 or more 1982 Ford L.T.D.S. 4-door Special Police cars delivered F.O.B. McCall, Idaho for $9,183.00 with Optional Adds: (1) Traction Lock Axle $67.60, (1) 100 an~p Alternator $198.71, (1) Regulator $18.14, (1) Repair Manual $30.00, and (1) Parts Manual $30.00. Following discussion, it was moved by LUTES and seconded by HARDY to accept the bid from Bob Rice Ford, Inc. of $9,183.00 plus additional options of $344.45 for 1982 Ford L.T.D.S. Police car. Upon vote HARDY, LUTES and LYONS voted AYE. Motion carried unanimously. There was discussion regarding the leasing of a front end loader cost- ing $57,900. This amount to be repaid over a four year term consisting of a trade-in of $5,500. followed by one (1) payment of $11,700. followed by forty-eight (48) consecutive monthly payments of $1,056.86 each. The annual percentage rate is 11.25%. Following discussion, it was moved ty LYONS and seconded by HARDY to proceed with the lease purchase of the front end loader and authorize the Mayor and Clerk to execute all necessary documents for such transaction. Upon vote HARDY, LYONS and LUTES voted AYE. Motion carried unanimously. Harold Thomas' request to move his hangar from Strawberry Glenn to McCall Airport was discussed further. Mayor Evans is to contact Mr. Thomas for specifications and condition of his hangar. The following bills were read for payment: Action Express $26.80, Brundage Printing $102.00, John Drips $4,270.24, Robert Remaklus $4,435.50, SITA $20.00, Roger Bates $150.00, State of Idaho, Adm. Financial Manage- ment $60.00, State of Idaho, Dept. Labor & Ind. Services $5.00, Vicco Plumbing $42.90, The Wallace Shop $89.29, Western Equipment Co. $282.94, Grangeville Courtesy Car Fund $1,140.12. Following the reading of the bills, it was moved by HARDY and seconded by LU~ES the bills be approved and ordered paid. Upon vote, LURES, HARDY and LYONS voted AYE. Motion carried. Mayor EVANS adjou~w~heme~ting at 5:53 p.m. until Monday, December 7, / - - DECEMBER 7, 1981 McCall City Council met in Regular session at 7:00 P.M., Mon- day, December 7, 1981, Mayor EVANS presiding. Those present were Councilmen LYONS, LUTES, HARDY and WARD and Administra- tive Assistant Seetin, Building Inspector Trahan, Attorney Remaklus and Clerk Fogg. The minutes of November 2nd and 9th, 1981, were read. LUTES requested the minutes show a correction on the police car bid to be a total price of $9,183 as the traction lock axle for $67.60 was the only option purchased. Mayor advised that a letter was dispatched to Glenn Munn re- garding the denial of his request to leave his garage where it is located. City has not received an answer. Rod Nielsen, Si Bueno Restauran~t owner, and his Attorney Steve Milleman, appeared before the Council to discuss their septic system problems in the Village Square subdivision. Milleman reviewed the development at Village Square stating that at the time it was developed it was the obvious solution to put a temporary septic system in, with plans of connecting to the interceptor line that the Sewer District planned to install along Deinhard Lane. The interceptor line now constructed, the Payette Lakes Water and Sewer District has taken a firm position that the Si Bueno Restaurant will not be able to hook into this line, nor will any other City resident. Milleman explained that the sewer system on the east part of Village Square Development, serves six businesses, is near total fail- ure and they are before the Council to try to solve this prob- lem before it turns into a disaster. Options presented were a temporary hookup to the P.L.W.&S.D. interceptor line if the City gives PLWSD a commitment to service the Village Square not later than summer of 1983; possibility of pumping the sewage from the East end of Village Square to the McBride line; obtaining an easement from the City and by going under Deinhard Lane, building a drain field under the airport parking lot. Following a lengthy discussion, it was the recommendation of the City Attorney and the consensus of the Council to take this problem under advisement until sound fig- ures could be obtained. A special meeting was set for 9:00 A.M. Thursday, December 10, 1981, to meet with Rod Nielsen, Steve Milleman, Jeff Lappin of Central District Health, the business people of Village Square, Dale Smith, Village Square's Property Owners Association President, and the developers of Village Square. The Final Plat for Mill Run 2A Amended, which amendmenf was to eliminate three (3) units, was recommended for approval by McCall Planning and Zoning Commission. Following discussion, with some comments objecting to the height, it was moved by HARDY and sec- onded by LUTES to approve the Hard Plat for Mill Run Phase 2A as amended and authorize the Mayor and Clerk to execute same. Upon vote the motion carried unanimously. McCall Planning and Zoning Commission recommends approval of the Final Plat for Greenbriar noting that the Covenants had been ap- proved by the City Attorney. It was moved by LUTES and seconded by LYONS to approve the Final Plat for Greenbriar and authorize the Mayor and Clerk to sign the plat. Upon vote the motion car- ried unanimously. After a Public Hearing on the Variance request of River's Bend Development to allow a sign to be erected sixteen (16) feet inside the twenty (20) foot setback and that it be nine (9) feet high instead of the four (4) feet allowed, the McCall Plan- ning and Zoning Commission recommends approval of the Variance Requested giving reasons for approval to conform to Code 3-24-4 as: (1) Requested structure fits into the landscape probably better than strict compliance with the code; (2) Avoids con- flict with footings for other building entrance; and (3) allowed egress and ingress into the building. Following discussion, it was moved by WARD and seconded by HARDY to allow the Variance request of River's Bend for a sign with sixteen (16) foot setback instead of twenty (20) and eight (8) feet high instead of four (4). Upon vote motion carried unanimously. The Final Plat for River's Bend Condominiums was recommended for approval by the McCall Planning and Zoning Commission. It was moved by HARDY and seconded by LUTES to approve the Hard Plat for River's Bend Condominiums and authorize the Mayor and Clerk to execute same. Upon vote motion carried unanimously. Bill Sacht, District III Engineer of the Idaho Transportation Department, appeared before the Council with information re- garding the McCall bypass to the Federal Highway. The Federal Highway Administration has prepared a draft environmental asses- sment and have asked the Transportation Board to schedule loca- tion hearings. The initial plans retaining the existing highway through McCall on the State system as a business loop have been reversed and the Transportation Board is recommending that the system be turned over to the City/County. Sacht stated that they were looking at a hearing some time in February in McCall and suggested testimony be given as to what the City might want done to the streets before taking over the main~nance, if the existing highway through McCall is removed from the State system. The Area of City Impact Planning and Zoning Commission re- commends approval of the request of J. R. Kemp for a Variance and Special Use to construct a house within the Shoreline and River Environs District 57 feet 6 inches from the high water mark of the Payette Lake instead of the required 75 feet, on Lot 14, Payette Lake Cottage Site, Valley County, Idaho. As required by 3A-20-4: (1) That special conditions and circum- stances do exist which are peculiar to the land involved; (2) That special conditions and circumstances do not result from the actions of the applicant; and (3) That granting the variance requested will not confer on the applicant any special privileges that are denied by this Ordinance to other lands, structures or buildings in the same district. Following dis- cussion, it was moved by HARDY and seconded by LUTES to accept the recommendation of the Area of City Impact Planning and Zoning Commission and approve J. R. Kemp's request for a Vari- ance and Special Use as stated above. Upon vote motion car- ried unanimously. It was moved by HARDY and seconded by LYONS to accept J. Robert Lilley's resignation from the Area of City Impact Planning and Zoning Commission. Upon vote motion carried unanimously. Mayor EVANS informed the Council that Leonard Rowland submitted a verbal resignation from the McCall Planning and Zoning Com- mission November 17, 1981, and he will provide the City with a written resignation. Mayor EVANS informed the Council of his progress in resolving the issue between the City and Burton and Bette Walker re- garding land trade that had been proposed some time ago. Walker's attorney, Nicholas, reviewed the agreement and sub- mitted a letter to the City stating: "Mr. and Mrs. Burton Walker and Rand Walker have asked me to propose that the Walkers' lawsuit against the City of McCall be resolved on the following terms: The Walkers would be willing to dismiss their lawsuit if the City will agree to exchange the two parcels marked #1 and #2 on the attached map for the five acre parcel marked #3, and if the City will join the Walkers in grant- ing an easement for a 70 foot wide public right-of-way easement along the diagonal line on the Southeast corner of the enclosed map. If the City will agree to the proposed exchange and the creation of that easement, the Walkers will dismiss their lawsuit with prejudice with the understanding that each party will bear its own costs and legal fees." Following discussion and review of the maps, Remaklus advised that an ordinance be adopted, a hearing date be set, and a proposed exchange date be set, also, that the property be appraised. It was moved by HARDY and seconded by LUTES to accept Mr. and Mrs. Burton Walker's and Rand Walker's pro- posal of exchange of parcels I and II for parcel III and take procedure and necessary steps to initiate the trade in com- pliance with Idaho Code. Upon vote LUTES, HARDY, LYONS and WARD voted AYE. Motion carried unanimously. Remaklus read at length proposed Ordinance No. 442, an ordi- nance expressing the intention of the City to exchange property. HARDY introduced and moved adoption of proposed Ordinance No. 442. 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; 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. LYONS moved to suspend the rules for passage of proposed Ordi- nance No. 442, seconded by LUTES and upon vote carried unanimously. WARD seconded the motion moving adoption of proposed Ordinance No. 442. Upon vote LYONS, HARDY, LUTES and WARD voted AYE. Motion carried a~Ordinance No. 442 is duly adopted. Procedures to establish Right-of-Way in accordance with the agreement to be undertaken as soon as weather will permit. Proposed Ordinance No. 443, an ordinance relating to Pawn Brokers was read at length and commented on by Attorney Remaklus. Charlie Ferdon, of McCall Gun and Cutlery, a pawn shop, spoke in opposi- tion to the adoption of this ordinance giving various reasons and requesting time to study the ordinance and consult a lawyer before any action is taken. Following lengthy comments by Ferdon and discussion, it was moved by LUTES and seconded by WARD to postpone action on proposed Ordinance No. 443 and reconsider it at the Council meeting on January 4, 1982. Upon vote, motion carried unanimously. Kirk B~, Pioneer Aviation, Inc., submitted a request for the City of McCall to transfer the "T" Hangar lease on #4 to Citadel Corporation and #5 to Billy W. Jeffs. It was moved by HARDY and seconded by LYONS to approve the transfer of Pioneer Aviation, Inc. "T" Hangar leases as requested. Upon vote motion carried unanimously. Douglas F. Wolf, Corporate Secretary of Idaho Land Developers, Inc., advised the City, by letters dated December 9 and December 11, 1981 of Bruce Minter's purchase and lease assignment of their airport "T" Hangars No. 7 and 8, also said they had forwarded the "T" Hangar statement for 1981 rental on to Bruce Minter for payment. A written request for transfer of lease on these hang- ars has not been received nor has the 1981 lease rental been paid. Action is postponed until the City receives the transfer request and lease rental payment for 1981. The City received a letter dated December 2, 1981, from Harold E. Thomas, Allison Ranch, withdrawing his request for hangar space at the McCall airport at this time. Attorney Remaklus had received a'description and a map of Lake- shore Boulevard property that Warren Brown wants to donate to the City and property Brown is requesting be vacated. It was the consensus of the Council to postpone action on this request for a month in order to study the map and proposal. Smith and Kangas' redesigned "T" Hangar plans were reviewed. Following discussion, it was moved by HARDY and seconded by LYONS to approve the "T" Hangar plans as designed pending the change of the four (4) foot door numbers to one (1) foot numbers, that door types be optional, and the beams be either 36 or 39 but not two different sizes. Upon vote motion carried unanimously. A letter was received from KBCI TV 2 complimenting the City Clerk on the fine job of reporting the results of the November 3rd election. Mayor EVANS reported that the A.I.C. Legislative Committee has concluded deliberation and the City will be receiving a copy of their 1982 legislative proposals. The A.I.C. is attempting to secure additional help for local government's financing, fees for services provided, redistribution of State Liquor Funds, and ad- ditional means of amending appropriation ordinances. Mayor EVANS reported on the Payette Lakes Water and Sewer District meeting including their request for services of a City employee to work with the district and with the Sewer District engineers, on the test and start up of the three lift pumps on Interceptor B. In view of possible snow storms, other city work and the short notice of this request, the possibility of providing a City employee could not be promised. The District coordinator will handle the job. The district is drafting a new agreement with the City regarding maintenance operation. From indications, they are going into business of maintenance and operation for themselves. Application for Liquor, Beer, Wine and Amusement Devices were presented as approved by Police Chief Lyon. Checks were sub- mitted with all applications with exception of Dudleys. The following li~ of applications were read: Cargo West of McCall, Retail Wine Sales for reminder of 1981 year; Application for transfer of Beer License from Lake Bowl to Dragon's Alley; LIQUOR LICENSES Cargo West of McCall Chdcken Roost Supper Club The Forester's Club The Mill Shore Lodge The Yacht Club BEER~ CONSUMED ON PREMISES Brass Lamp Cargo West of McCall Chicken Roost Supper Club The Conservatory Dragon's Alley Fast Hamies, Inc. The Forester's Club High Country Deli Lardo Grill & Saloon The Mill The Pitcher Si Bueno, Inc. Shore Lodge McCall Toll Station The Woodman Cafe & Motel The Yacht Club WINE BY THE DRINK Brass Lamp The Conservatory Dragon's Alley High Country Deli Lardo Grill& Saloon, Inc. The Pitcher Shaver's #2 Si Bueno, Inc. McCall Toll Station The Woodsman Cafe & Motel BEER RETAIL Aspen Market Bill's Gas & Grocery Brass Lamp Cargo West of McCall Circle R. Market Charlie Brown's Ski Haus Disco Foods The Forester's Club High Country Deli Lakeview Village Lardo Grill & Saloon Medley Sports, Inc. McCall Merc McCall Gun & Cutlery, Inc. The Pitcher Shaver's #2 Maverik Country Store Sports Marina, Inc. The Yacht Club WINE RETAIL Aspen Market Bill's Gas & Grocery Circle R Market Charlie Brown's Ski & Sport Disco Foods High Country Deli McCall Merc McCall Gun & Cutlery Shaver's #2 Maverik Country Store AMUSEMENT DEVICES Two Bit Amusement for 15 dev. Dragon's Alley for 7 dev. POOL &/OR BILLIARD TABLES TwoBit Amusement 2 tables Brass Lamp 1 table Dragon's Alley 2 tables Lardo Grill & Saloon 3 tables MUSIC BOXES Two Bit Amusement 4 machines Chicken Roost Supper Club 1 mach. Dragon's Alley 1 machine BOWLING ALLEY Dragon's Alley It was moved by WARD and seconded by HARDY to approve and grant the above applications as read with Dudley's approval pending receipt of Amusement Device Application and payment. Upon vote motion carried unanimously. Mayor EVANS appointed Sandra Bates as Deputy Clerk from Dec- ember 19, 1981, until January 18, 1982, during the absence of City Clerk, Margaret Fogg. It was moved by HARDY and seconded by LYONS to confirm the appointment of Sandra Bates as Deputy Clerk from December 19, 1981, until January 18, 198~. Upon vote motion carried unanimously. The Mayor e×plained to the Council that Wm. Vanderhoef had made an overpayment of $4,800 in Capital Improvement Fund on his building permit No. 00270. It was moved by LUTES and sec- onded by HARDY to instruct the City Clerk to withdraw $4,800 from the Capital Improvement Fund and reimburse Wm. Vanderhoef for the overpayment on Building Permit No. 00270. Upon vote HARDY, LUTES, LYONS and WARD voted AYE. Motion carried. The following bills were presented for payment: 3685 3686 3687 3688 3689 3690 3691 3692 3693 3694 3695 3696 3697 3698 3699 3700 3701 3702 3703 3704 37O5 3706 3707 3708 3709 3710 3711 3712 3713 3714 3715 3716 3717 3718 3719 3720 3721 3722 3723 3724 3725 3726 3727 3728 3729 3730 3731 3732 3733 3734 3735 3736 3737 3738 3739 3740 3741 3742 3743 3744 3745 3746 3747 3748 3749 3750 3751 3752 3753 3754 3755 3756 McCall Police Department Idaho First National Bank Idaho First National Bank Donald Broughton Hugh Cooke John Lyons Larry S. Olson Roger W. Rockwell Terry A. Sharp Paul K. Trahan Donald B. Van Cleave Postmaster Lewis E. Pratt Terry Sharp, Petty Cash Roger D. Bates Sandra K. Bates Donald R. Broughton Gloria L. Cantrell Joye S. Catlin Larry L. Chalfant Hugh H. Cooke James F. Creech John B. Drips Bill A. Evans Donald L. Fitzwater Margaret E. Fogg James W. Hardy Sophie T. Howard Augusta Laidlaw John R. Lewinski Clifford Lutes John L. Lyon James R. Lyons Brian S. Mickels Ralph R. Murray Larry S. Olson Vernon L. Parker Alta C. Pierson Lewis E. Pratt Robert H. Remaklus Kay L. Rhodes Joni L. Rivers Roger W. Rockwell Laura L. Rupe W.O.J. Seetin W.O.J. Seetin Terry A. Sharp David B. Smith Paul K. Trahan Donald B. Van Cleave Ernest E. Ward Ernest H. Woods State Auditor Idaho First National Bank State of Idaho Tax Com. Public Employees Retirement Association of Idaho Cities American Family Life Assurance Idaho Pub. Empl. Credit Union Postmaster Postmaster Gloria Cantrell Bill A. Evans Maury Ainger Bill Botsford Rick Bollar Ron Bowling Tom Chaloupka Dan Cochran Dempsey Eddins Tim Everhart Martin Fitzgerald $ 19 49 61,467 76 34,242 19 250 00 300 00 25O 00 25O 00 25O 00 25O 00 25O 00 25O 00 4O 00 25O 00 22 26 881 71 737 16 788 36 474 08 795 5~ 1272 71 666 61 lO8 o2 762 20 82 76 881 72 882 84 66.38 825.97 ~85.86 1070.57 66.38 1128.28 66.38 952 06 259 17 921 73 147 19 597 55 625 52 624 93 44 36 416 46 769 86 552 25 1466 79 253 98 397 99 1179 35 744 22 873 66 7O 01 253 03 4861 26 5147 30 1536 45 5269 63 1404 63 32 00 165 00 6O 00 142 35 38 00 83 5O 59 00 18 5O 3o 5O 18 5O 22.00 8.5o 45.5o 25.5o 42.00 3757 3758 3759 3760 3761 3762 3763 3764 3765 3766 3767 3768 3769 3770 3771 3772 3773 3774 3775 3776 3777 3778 3779 3780 3781 3782 3783 3784 3785 3786 3787 3788 3789 3790 3791 3792 3793 3794 3795 3796 3797 3798 3799 38OO 3801 3802 3803 3804 38O5 3806 3807 3808 3809 3810 3811 3812 3813 3814 3815 3816 3817 3818 3819 3820 3821 3822 3823 3824 3825 3826 3827 3828 3829 3830 3831 Tom French Bill Haworth Glen Jackson Jack Katzenberger Jim Madden Ken Medley Dave Smith Russ Smith Harry Stathis Skip Taylor Dana West Clifford Lutes John L. Lyon Acheson Motors Action Express American Scientific Products Art Mart, Inc. Baker & Taylor Company Ballantyne, Verne H. Better Homes and Gardens Blue Lotus Brickwedel, John Brundage Office Supply Bruneel Tire Service Cal-Gas Century Chevron USA, Inc. Civic Supply, Co. Consolidated Supply Continental Tele. DEMCO Decker, Inc. Irvin M. Derry Doubleday & Co., Inc. Fisher Scientific Co. GVC Chemical Corp. Garden Way Publishing Gaylord Bros., Inc. Great Western Chemical Co. Grover's Pay & Pack High Country Idaho Bearing & Supply Co. Idaho Department of H & W VOID Idaho First National Bank Idaho Power Co. Ingram International Business Machines McCall Appliance Repair McCall Rental & Sales McCall Rexall Drug McCall Tire & Wheel Machinery West, Inc. McCall Fire Dept Mark's Chevron May Hardware, Inc. Men's Wardrobe Mom's Auto Parts Mothering Publications Ms. Magazine National Golf Foundation Norco OSC Data Payette Lakes Lumber Co. Pratt's Repair Service Publishers Weekley City of Pullman QPBC Rodale Press Sachs Lawlor Shaver's Shelter, New Snowbird Laundry Sparling Division-Envirotech Stans' Auto Parts 22 00 20 00 32 00 49 00 100 5O 5 00 27 00 20 00 17 00 18 5O 29 00 57 5O 11 85 25 00 78.60 14 20 129 22 38 75 34 65 19 49 2 36 81 60 9 65 153 82 3O 3O 1807 38 1716 71 21 97 231 13 639 56 38 31 6 40 786.70 lo 84 597 45 126 66 5 2O 9 98 433 26 93.44 7.5O 16.80 15.oo 416 52 4509 66 591 74 879 75 138 35 34 00 54 47 40.00 686.03 32.65 44.51 213.05 184.81 9.79 10.00 9 00 75 00 9 31 229 20 83 67 5 00 51 oo 2 50 24 59 22 o8 139 57 26 04 18 oo 53 90 63 35 856 96 3832 3833 3834 3835 3836 3837 3838 3839 3840 3841 3842 3843 3844 3845 3846 Star News Steve Regan Co. Time/Life Books Tri-County Association Union Oil Co. of CA Valley County Recorder Valley County Sanitation W. W. Granger, Inc. Wallace Shop, The Walter F. Stephens, Jr., Inc. Water and Waste Water Equip. Western Auto Western Equipment Co. Western Fire Equipment Co. Vanderhoef Builders 84 78 186 04 25 56 35 00 35 24 8 00 75 00 746 39 17 68 11 55 57o 59 4 99 1324 38 343 56 48OO 00 Following the reading of the bills, it was moved by HARDY and seconded by LYONS the bills be approved and ordered paid. Upon vote LYONS, HARDY, WARD and LUTES voted AYE. Motion carried. Mayor EVANS recessed the meeting at 12:25 A.M until Thurs- day, December 10, 198~, at 9:00 A.M. DECEHBER ~I% 1981 A recessed meeting, continued from December 7, 1981, was brought to order Thursday, December 10, 1981, 9:15 A.M., Mayor Bill EVANS presiding. Those present were Councilmen HARDY, LUTES, WARD and LYONS, Attorney Remaklus, Administra- tive Assistant Seetin, Building Inspector Trahan and Deputy Clerk Bates. Mayor EVANS announced that the purpose of the meeting was to discuss the sewage disposal system located in the Village Square. Seven property owners within the subdivision are presently using a community septic system. According to Jeff Lappin, Central District Health Department, stated that the system is in a state which requires a change. The type of system, using pumps and lines, was discussed at length, in- cluding the costs. Financial liability was discussed between the Council, property owners and one of the developers, Max Pelham. When the fees and costs were mentioned, no definate facts were known as to what fees had been paid by the developer nor how much. This will be researched in order to determine the amount of developer should be responsible for in installing the new system. The Council recessed at 10:05, to allow Mr. Pelham to contact his partner, Billy Mockwitz, to discuss the financial respon- sibility. Upon call to order, at 10:15, Pelham stated that they would commit themselves to the hookup fees, which would be $150.00 per hookup, seven hookups, $1,050.00. HARDY asked Pelham if he guarantees the money to go ahead and build the system and bring it into operational order. Pelham would not commit until the property owners could discuss it. The Council recessed at 10:20, to allow the property owners and their attorney Mr. Milleman, and Pelham to discuss the financial aspects of the matter. Upon call to order, 10:30, Pelham agreed to pay the hookup fees and guaranteed that the rest of the funds needed to construct this system would be provided within 30 days. The owners would then repay the de,v- eloper for these costs. Other differences, such as the capital improvement fund and determining if hookups had been paid when the subdivision was established, are to resolved at a later date. Attorney Remaklus, Milleman and Pelham removed themselves from the meeting to draw up a suitable document. Mayor EVANS submitted and read his letter of resignation, effective January 4, 1982, HARDY stated that he regrets the resignation but moved to accept the resignation of Bill Evans as Mayor. LUTES seconded, motion carried unanimously. Meeting was recessed 11:05, reopened at 11:15 A.M. Remaklus read the letter from Pelham and Mockwitz and recommended that this letter of guarantee be approved. The letter states that the developers of Village Square do guarantee to pay the City the sum of $4,300, to be applied to the installation of a grinder pump and pressure sewer lines and fittings extending from the existing spetic tank to the City sewer line. HARDY moved that this guarantee be accepte~ in the form presented and that upon receipt of signed letter of guaran- tee and the sum of $4,300, the City crew be instructed to commence the installation. LYONS seconded, motion carried unanimously. Mayor EVANS adjourned the meeting at 11:30 A.M., until January 4, 1982. ~gy6r~ - , Clerk DECEMBER 28, 1981 A special meeting of the McCall City Council was opened in the usual manner on Monday, December 28, 1981, 10:15 A.M., Mayor EVANS pre- siding. Present were Councilmen LUTES, WARD, LYONS and HARDY, Attor- ney Remaklus and deputy clerk Bates. HARDY moved to enter into executive session to allow discussion of personnel action. WARD seconded, motion carried unanimously. Mayor EVANS stated that as Councilman-elect Crowley was present that he should remain for the session. The Mayor closed the executive ses- sion, noting that no action had been taken. LUTES moved that upon receipt of a completed application for liquor license, filed by Michael Ferney dba The Roadhouse, accompanied by all proper evidence of State and County Licenses, and the re- quired fees, that said application be approved and the license granted. HARDY seconded, motion carried unanimously. HARDY moved approval of a catering permit which had been initiated by Michael Ferney dba The Roadhouse, but had not been completed nor the fees paid. Upon receipt of the necessary evidence of State Licensing and the required fees, said permit shall be granted for catering to the Dragon's Alley December 31, 1981. LYONS seconded, motion carried. There was discussion regarding the new contracts drawn up by Smith and Kangas Engineers for the Airport land purchase or lease and the non-directional beacon equipment which will be installed at State expense. No action taken. Kangas will be present for further discussion at the January 4th meeting. Discuss~ion held concerning the lease-purchase agreement with Western Equipment Co., which involves more money per month than is acceptable. Attorney Remaklus is reviewing the agreement and will discuss it with the bank. Meeting adj~~$1:10 A.M. Clerk JANUARY 4, 1982 McCall City Council met in Regular Session at 7:00 P.M., Mon- day, January 4, 1982, Mayor EVANS presiding. Those present were Councilmen LUTES, WARD and HARDY and Administrative Assis- tant Seetin, Attorney Remaklus, Building Inspector Trahan and deputy Clerk Bates. The minutes of December 7th, 10th and 28th were read. It was questioned that the Cargo West Deli beer and wine license were not included in the listing of approvals in the December 7th minutes. The clerk is to check on this omission. Minutes were approved subject to check on this item. Ralph Kangas of Smith and Kangas Engineers was present to dis- cuss the "T" Hangar plans. He explained that he had revised the plans to show consistent beam length, however, he had not changed the size of the identifying numbers on the hangars, because he felt that due to the size of the buildings, the large numerals were necessary a~h~ti~a~y~ HARDY stated that the Airport Commission had reviewed the plans and ~scussed at length the size of the numbers and the color scheme, deciding that the difference in coloring would be adequate for ~e~h~cs. It was the consensus of the Council that the one (1) foot num- bers be used and Kangas agreed. The plans will be submitted to the Clerk next week. Smith and Kangas agreements were discussed. The Phase I Development, agreement for services, was presented with a few minor changes made at the request of Attorney Remaklus. Kangas stated that this agreement is for design fees only, it does not go on to the construction phase. The second agreement for ser- vices, the Airport Land Acquisition Project was presented. The proposal includes surveying for three areas of clear zone and runway extensions. The contract is figured on time and mat- erials basis with a "not-to-exceed" clause for approximately $13,350. This would not include the appraiser, appraisal re- viewer nor a negotiator. The NDB Acquisition Project agreement was presented and Attorney Remaklus suggested that this be revised to letter form. HARDY felt that the letter-form agree- ment should include a cost estimate for the survey on the land purchase and a "not-to-exceed" clause on each item of work. It was discussed as to the best method of obtaining the property, fee-simple purchase, leasing on a long-term basis or easement, possibly with a reversionary clause. HARDY moved that the City enter into the Phase I Development contract with Smith and Kan- gas Engineers, authorizing the Mayor, Attorney and Clerk to sign said contract. LUTES seconded, motion carried unanimously. HARDY moved that the City enter into the Airport Land Acquisi- tion Project contract with Smith ~nd Kangas Engineers, with cor- rection of the word soil (page 3) to said, authorizing the Mayor, Attorney and Clerk to sign said contract. WARD seconded, motion carried unanimously. Proposed Ordinance No. 443, concerning pawn broker businesses was discussed. Attorney Steve Milleman spoke on behalf of Charles Ferdon, local Pawn Shop owner, suggesting possible changes to the submitted ordinance. Attorney Remaklus requested Milleman to take the ordinance and return it within two weeks with the changes proposed. This schedule is to allow time for the Council- men to review the proposal and the attorney time to prepare it for presentation at the February 1st meeting. Mayor EVANS reported the progress with the land trade with Walkers. The Public Hearing was announced for discussion on the land trade with Burton and Bette Walker and Rand Walker, as required in Ordinance No. 442. No testimony was heard for or against the matter. As the Walker's nor their lawyer have been in contact with the City, Mayor closed the Public Hearing stating that he would contact Walker to complete the action. The Brown Tie & Lumber Company~proposal to donate a strip of property along E. Lake St. on the lakeside, and the request for a vaca- tion of a portion of 4th St. between E. Lake St. and the Rail- road right-of-way was discussed. The donation of the property as proposed would enable the City to widen the street consider-