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HomeMy Public PortalAboutCouncil Minutes 1989 Jan-Dec240 CITY COUNCIL MINUTES JANUARY 12, 1989 Call to order and Roll Call: Mayor Allen called the meeting to order at 7:02 PM. Mssrs. McCarty, Moltke, and Wallace answered the roll call. Mr. Van Komen arrived at 7:10 PM. II. Minutes of December 22, 1988: A motion to approve the minutes of December 22, 1988 was made by Wallace, seconded by Moltke and carried on a voice vote. III. Payment of Claims: A motion by Wallace, seconded by Moltke, to pay the bills as presented carried. Without objection, the Mayor ordered the Treasurer's report filed. IV. Consent Calendar: Without action items, the Mayor ordered the following items filed: a.) Parks and Recreation Committee minutes and Report of December 19, 1988. b.) City Planning and Zoning minutes of December 6, 1988 Mayor and Council Comments and Reports: Mayor Allen reported he had directed that the City building roofs be shoveled. The City crew was commended for their efforts in keeping city streets open throughout the recent storms. VI. Staff Reports: A. City Administrator Report: 1.) Position Vacancies: staff were noted. Two vacancies in the city 2.) Audit FY 1987-88: The audit presentation will be delayed to the January 27 meeting. 3.) Airport Layout Plan (ALP): The Airport Committee minutes and recommendation of January 10 were presented. A motion by Van Komen to approve the Airport Layout Plan as recommended and to direct Toothman-Orton Engineers to forward the plan to FAA for approval was seconded by Wallace, and carried unanimously. 4.) Waterways Dock Project: The Administrator re- quested clarification of the City's participation. The Council concurred in the understanding and asked the Admin- istrator to secure written concurrence that the Waterways Commission will participate in the land acquisition portion of the project. If such confirmation is received, payment for the dock construction was authorized. 5.) Airport Lighting Project: a.) A motion to authorize the Mayor to sign a grant application for a State/Local lighting project was made by Moltke, seconded by McCarty and carried unanimously. b.) A motion to adopt Resolution 1-89 regarding the acceptance of a grant for a State/Local airport program was made by McCarty, seconded by Van Komen and carried. 241 CITY RESOLUTION EXTRACT FROM THE MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF MCCALL HELD ON .lsn,,~ry ]2 , 19-~9 , IDAHO The following Resolution was introduced by Councilman McCarty , read in full, considered and adopted: RESOLUTION NO. 1-89 OF THE CITY OF MCCALL , IDAHO ACCEPT- ING THE GRANT OFFER OF THE STATE OF IDAHO THROUGH THE IDAHO TRANSPORTA- TION DEPARTMENT, BUREAU OF AERONAUTICS, IN THE MAXIMUM AMOUNT OF $ 30,000 TO BE USED UNDER THE AIRPORT DEVELOPMENT AID PROGRAM PROJECT NO. ~ ~ .. ~= IN THE DEVELOPMENT OF TH~:MCCALL AIRPORT; and Be it Resolved by the Mayor and Council of the C'ity of MCCALL Idaho as follows: Sec. 1. That the City of MCCALL , shall accept the Grant Offer of the State of Idaho in the amount of $ ..... , for the purpose of obtaining State Aid under Project No. ~'~, ~ , in the development of _THE ~CCALL Airport?%~d~-~ Sec. 2. That the Mayor of the City of MCCALL is hereby authorized and directed to sign the statement of Acceptance of said Grant Offer (entitled Part II - Acceptance) on behalf of the City of and the City Clerk is hereby authorized and directed to attest the signa- ture of the Mayor and to impress the official seal of the City of - MCCALL on the aforesaid statement of Acceptance; and Sec. 3. A true copy of the Grant Offer ~eferred to herein is attached hereto and made a part thereof. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR THIS 12th DAY OF January , 19 89 . CERTIFICATE I, Arthur J. Schmidt , City Clerk of the City of MCCALL , Idaho do hereby certify that the foregoing (and attached copy) is a full, true, and correct copy of Resolution No. 1-89 adopted at a regular meeting of the Council of the City of MCCa.. held on the 12th day of January , 19_~9~, and 6~'~e same is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and impressed the official seal of the~City of _MCCALL _ , th.i~/']Jth day of January ' , 19 39 . "~~~..__.~ WDP/DOC.43 c.) Wallace moved to approve the grant agreement and to authorize the Mayor to sign for the State/Local airport lighting project. Moltke seconded and the motion carried. 6.) LID / Lardo Area: Schmidt described discussions with business.owners in the Lardo area regarding a possible parking Local Improvement District. Some title work is required. A motion to authorize up to $450.00 of contingen- cy Fund money for such title work was made by Van Komen, seconded by Moltke and carried. B. City Attorney: The City Attorney reported on a meeting of relevant agencies regarding medical care for prisoners. 7:30 PM VYCITAL HEARING Mayor Allen reopened the continued hearing on a variance request for a side lot setback for Richard O. and Ann M.Vycital. The City Council received a letter from Bryce Taylor requesting continuation of this hearing. Wallace moved to continue the hearing to the second regular meeting in April (April 27). Van Komen seconded, the motion carried and the Mayor closed the hearing and ordered the matter scheduled for April 27, 1989. 242 i.) AIRPORT PROJECTS: Toothman-Orton Engineering A. Mr, Sundby reported the transmittal of the Final Engineers Report and as-built drawings on the 1988 Airport Improvement Project (AIP). B. Mr. Sundby outlined these actions required, at at this time to assure follows: progress toward the 1989 grant, as 1. Acceptance of the Pavement Evaluation Report and the Construction Documents for the Rehabilitation of R/W 16-34 and paving of extensions completed pursuant to our existing contract obligations. 2. Authorize the inclusion of the Recycle Alternative in the existing construction documents and its bid as an alternative. 3. Execute the Proposed Engineering Agreement for Services required for the 1989 pro3ect. McCarty moved to approve all three actions, specifying that theAttorney review and upon his approval, the Mayor be authorized to sign the Engineering Agreement, Item No. 3. Wallace seconded and the motion carried unanimously. 2. 1989 Beer, Wine and Ll uor Licenses: A final list of all licenses meeting the require- ments and issued was submitted for approval. A motion by Van Komen and seconded by Moltke carried to approve the following licenses for 1989. Renewal APplications Received and Completed as o£:_~2/88 19_8_~ Beep, Wine and Liquop Licenses Issued as WINE 2~Z8 2120 WINE ~152 BEER ON 2728 2708 2722 2712 2720 2718 2711 BEER OFF gMISES 2724 2719 2734 2716 2723 2710 2726 2727 2721 2731 2714 243 3. Pinedale Street Right of Way Issue: Gordon Fouch After discussion with Mr. Fouch, McCarty moved, and Van Komen seconded, to direct the City Attorney to prepare necessary documents to effect the land trans- action discussed. The motion carried. VII. New Business: Update of the Uniform Building Code, Fire Code and other construction regulations. The Council reviewed the staff recommendations for updating the code including the more stringent automat- ic sprinkler requirement. After discussion, a motion by Wallace to direct the Attorney to prepare an ordi- nance to effect the changes in the building regulations as presented was secondedby Moltke and carried. IX. Board, Committee and Commission Reports Requirin~ Action: A. Airport Committee, January 4, 1989 The Committee recommended changes to the City Code Section 1-12-9 related to Airport Landing Fees. Moltke moved to accept the Committee recommendations and direct the Attorney to prepare an ordinance effecting the changes. Wallace seconded. The motion carried. ~prrespppdence: A letter from James A Weaver dated January 2, 1989 and second letter dated January 11', 1989 were acknowledged. A lengthy discussion with concerned citizens regarding snowmobile regulation followed. It was suggested that the matter be referred to the Transportation Committee. A proposal to erect signs was discussed. XI. Information Items: A letter to cities and counties dated December 29, 1988 regarding the applicability of sales taxes on certain municipal services was noted. XII. Adjournment: At 9:20 PM, with no further business, Wallace moved to adjourn. Moltke seconded and the motion carried. Attest: · m~yor - 244 II. CITY COUNCIL MINUTES JANUARY 26, 1989 CALL TO ORDER AND ROLL CALL Mayor Allen called the meeting to order at 7:00 PM. Councilmen McCarty, Moltke, and Wallace answered the roll call. The Mayor declared that a quorum was present. MINUTES OF JANUARY 12, 1989 Without objection, the Mayor ordered the minutes of January 12, 1989 filed. Mr. Van Komen arrived at 7:05 PM. A discussion regarding the need for retention of council tapes and other records followed. III. PAYMENT OF CLAIMS A motion to pay the claims as presented was made by Moltke, seconded by McCarty and carried unanimously. IV. CONSENT CALENDAR The Impact Area Planning and Zoning Commission minutes of January 9, 1989; the Golf Course Advisory Committee minutes of November 7, 1988, December 13, 1988 and January 17, 1988 were, without objection, accepted for filing. Mr. Wallace noted the absence of a calendar of meeting in the packet and asked that this list be prepared for each packet. STAFF REPORTS A. City Administrator's Report 1.) Notice of claim: Councilman McCarty moved, Wallace seconded a motion to acknowledge a Notice of Claim by Ken Kuhn and refer the matter to the City .Attorney and the City's insurance carrier. The motion carried. 2.) Water Tower Site: The Administrator requested permission to prepare to sell the water tower site. The Council advised they wished to defer the sale for 1 year. 3.) Police Appointment: The top candidate in the recruitment process by his experience appeared to warrant salary consideration beyond that of the entry level salary. After discussion, the Council unanimously approved, on a motion by Van Komen, seconded by Wallace, a proposal to authorize a $16,100 annual salary provided the applicant successfully challenges the POST certification within 12 months and receives an advanced certificate. The applicant would be paid entry wages until that occurs, then a lump sum retroactive payment could be made. 4.) Contract for Health Insurance: The contract for group health insurance services through Blue Shield was presented and reviewed. A motion by Moltke, seconded bv Van Komen, to approve the contract and authorize the Mayor to sign it, carried. 5.) 125 PLAN: This plan to exempt health insurance benefits from taxable income was, on a motion by Wallace, seconded by McCarty, forwarded to the City Attorney to prepare the required documents for implementation. B. CITY ATTORNEY 1.) ORDINANCE 541: The City Attorney presented Ordinance No. 541, related to the Vacation of Pine (Pinedale) Street. He recommended this be read by title on a first reading and filed for a second reading pending conclusion of other parts of the agreement with Mr. and Mrs. Fouch. 2.) ORDINANCE 540: The City Attorney presented Ordinance No. 540, relating to landing fees at the McCall Airport. After a reading in full, Van Komen moved to suspend the rule requiring that an ordinance be read on three separate occasions. The motion was seconded by M¢Carty. On a roll call vote, Van Komen, McCarty, Wallace, and Moltke voted AYE. The motion carried. A motion to adopt Ordinance No. 540 was made by Wallace and seconded by Moltke. On a roll call vote, M¢Carty, Moltke, Wallace and Van Komen voted AYE. The motion carried. ORDINANCE NO. AN ORDINANCE RELATING TO THE McCALL MUNICIPAL AIRPORT; ~4ENDING SECTION 1-12-9 OF THE VILLAGE CODE OF McCALL, IDAHO, TO INCREASE LANDING FEES AND TO PROVIDE ADDITIONAL EX~IPTIONS THEREFROM. BE IT ORDAINED BY THE ~iAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. That Section 1-12-9 of the Village Code of ~cCall, Idaho, be, and the same is hereby amended to read as follows: 1-12-9: LANDING FEES: (A) There is hereby imposed on all owners and operators of commercial aircraft landing in the McCall Municipal Airport, landing fees as follows: ~h~%M ~ve Fifty cents ($.B~ 50) per thousand (1,000) mounds gross weight o-~ach aircraft, with a minimum fee of ~w~ three dollars M~M~M eem~s ($~v~8 3.00) per aircraft per landing. (B) The Airport Manager shall collect such landinq fees and remit them each week to the City Clerk who shall credit such fees to the airport fund. (C) This Ordinance shall not apply to fixed base oder- ators at the McCall Municipal Airport, flights by or for the United States Forest Service and student training flights. (D) This ordinance shall be in full force and effect from and after A~s~ ~ ~8~ ~/~_~~ ~ ~9 I I - ' Passed and approved this ~,~--'~ day of ~ Attest: ~ ~City Cler~ 246 3.) DRAFT OF BUILDING CODE ORDINANCE: The City Attorney presented an ordinance relating to Building Inspection Fees. and Updating the Building Codes. He asked that no action be taken until further staff investigation of the implications of adopting the plumbing code. No action was taken and the matter was placed on the February 9, 1989 agenda at the Mayor's instruction. 4.) LUNDGREN VS. CITY: The City Attorney advised that the case of Adam Lungren v__s City of McCall was set for trial in August 1989. VI. OLD BUSINESS There was no old business to come before the Council. VII. NEW BUSINESS A.) B.) Presentation by Linda Fitch, Acting District Ranger, McCall District, Payette National Forest, USDA Forest Service: This presentation involved a solicitation of support for conversion of the current SITPA grounds into an interpretive center/museum. At the conclusion of the presentation, a motion by Van Komen, seconded by Wallace to have Mayor Allen prepare a letter of support for the project, carried. Audit for FY 87 - 88: The auditors had not completed their report and none was made. VIII.BOARD, COMMITTEE AND COMMISSION REPORTS REQUIRING ACTION A.) Transporation Committee of January 18, 1989: considered the Committee's recommendations following actions: The Council and took the A motion to direct tile City Attorney to prepare amendments to the City Snowmobile Ordinance to incorporate the committee's recommendations, and to authorize the Police Chief to fix an access route or routes, was made by Wallace, seconded by Van Komen and carried. A motion by Van Komen, seconded by McCarty to insure personal vehicles (snowmobiles) and pay reasonable expense reimbursement for police officers using those vehicles over the Winter Carnival for police purposes carried. A motion by Wallace, seconded by Moltke, asking the Mayor to contact the Idaho Transportation Department Board for clarification of the issue of snowmobiles crossing the Lardo Bridge (Highway 55) carried. In further discussion, the Council inquired of the proposed bond election, and suggested May 1, 1989 as a target date for that election. The Council noted items of correspondence and Information Items. Without further business, Van Komen moved to adjourn, McCarty seconded, and the motion carried. ATTEST: Mayor~ of McCall Arth~? J. ,gchmidt City Clerk CITY COUNCIL MINUTES FEBRUARY 9, 1989 247 I. CALL TO ORDER AND ROLL CALL At 7:10 PM, Mayor Allen called the meeting to order. Councilmen Van Komen, McCarty, and Wallace answered the roll call. II. MINUTES Minutes of the January 26 meeting were not available for consideration. III. PAYMENT OF CLAIMS A motion by McCarty to pay the claims as corrected was seconded by Wallace and carried unanimously. IV. CONSENT CALENDAR Three separate catering permits for Lardo's for January 27, 28, and 29, 1989 were listed. A motion by Wallace seconded by McCarty to approve the consent calendar carried. V. MAYOR AND COUNCIL REPORTS Mayor Allen reviewed the AIC Legislative program giving particular attention to HB 83 which would affect annexations. VI. STAFF REPORTS A.) City Administrators Report: 1.) In order to be able to attend a FAA conference in Seattle, the Administrator asked to be excused from the next City Council meeting, February 23, 1989. 2.) Mr. Patterson accepted the employment offer for police officer under conditions outlined at the January 26, 1989 meeting. 3.) A report on snowmobile mounted officers during the Winter Carnival by Chief Parker was presented. 4.) The Treasurer's Report was presented and after review and without objection, the Mayor ordered it filed. Be 5.) An unemployment claim by William Wright is being protested. City Attorney's Report 1.) The City Attorney presented Ordinance No. 543, amending Snowmobile Regulations (Sect. 7-5-7 City Code). Wallace moved to suspend the rule requiring that an ordinance be read on three separate occasions. On a roll call, Wallace voted AYE, McCarty voted AYE, Van Komen voted NO. The motion failed. Mayor Allen ordered Ordinance 543 filed for a second reading on February 23, 1989. 2.) The City Attorney reported on his research regarding records retention and the retention of tapes of Planning and Zoning matters. The CoUncil requested that the staff prepare a records retention policy for consideration. 3.) The City Attorney reported on his discussions with bond counsel regarding a Recreation Bond. The cost, if successful, would be approximately $4,500.00, payable from bond proceeds. If unsuccessful, the bond attorney costs would be about $500.00. The Council asked that a final list of projects and costs be presented at the February 23, 1989 meeting. Councilman Moltke arrived at approximately 7:40 PM. VIII.OLD BUSINESS A.) Ordinance 541, relating to Vacation of a Portion of Pine (Pinedale) Street, second reading: Being informed that a deed had been received from Mr. and Mrs. Fouch, the attorney advised that no impediments existed to adopting Ordinance No. 541. McCarty moved to suspend the rule requiring that an ordinance be read on three separate occasions. McCarty, Van Komen, Wallace and Moltke voted AYE. The motion carried. McCarty moved to adopt Ordinance 541 and authorize the Mayor to sign. On a roll call, McCarty, Moltke, Van Komen and Wallace voted AYE. The motion carried. ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF PINE STP~ET, PROVIDING THAT SUCH STREET WHEN VACATED SHALL REVERT TO THE OWNERS OF THE ADJACENT REAL ESTATE AND PROVIDING FOR A QUITCLAIM DEED FROM THE CITY TO SUCH LAND OWNERS. BE IT ORDAINED BY THE ~'~YOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLI,OWS: Section 1. (a) That portion of Pine Street as shown on the official plat of the Townsite of Lardo, filed in the office of the Recorder of Valley County, Idaho, in Book 1, paqe 4 of Plats, more particularly described as follows: Commencing at the southwest corner of Lot 13, Block 11, as shown on the official blat of the Townsite of Lardo, filed in the office of the Recorder of Valley County, Idaho, in Book 1, Page 4 of Plats, the real point of beginning; thence, South 0o08'56'' West, 37.93 feet alono the extension of the west line of said Block 11; thence, South 89050'02'' East, 225.00 feet alonq a line parallel to and 25.00 feet northerly of the southerly boundary of Government Lot 3, Sec- tion 8, T. 18 N., R. 3 E., B.M., City of ~cCall, Valley County, Idaho; thence, North, 62°48'14'' East, 84.41 feet to the south- east corner of Lot 24 of said Block 11; thence, South 89059'58'' West, 299.98 feet to the point of beginning, containing 0.231 acres, more or less; Bearing based on State Plane Grid Azimuth; be, and the same is hereby vacated. (b) That portion of Pine Street above described shall revert to the owner of the East Half of Block 11 of the Town- site of Lardo, and the Mayor and Clerk are hereby authorized and directed to execute and deliver to such owner a quitclaim deed to such vacated protion of Pine Street. Dated this ~'~ day of /-~'~%~, 1989. Attest: City~lerk B.) Ordinance 542, relating to Building and L~-~"~fecy Code~: Al[er Staff investigation, chis ordinance wee revised to delete adoption of the Uniform Plumbing Code. With ti;aC clarified, McCarC¥ moved to suspend the rule requiring chat an ordinance be read on chrsa separate occasions, On a roll call, McCarty, Van Komen, Wallace and Mol:ko voted AYE. The motion carried. ~olcka moved to adopt Ordinance 542, McCart¥ seconded the motion and Mol:ko, McCart¥, Van Komen and Wallace ¥oCed AYE. the motion carried. OnDINANCP NO..~-L~. ~./ AN ORDINANCE RELATING TO THE CITY SUILDING CODE; R~P~AI.~NG SECTION 2-1-5 OF THE VI~G~ CODE DP O~ HcCALL, IDAHO~ TO C~IIG~ D~SIGNAT~D OFFICIA~ FR~I C~TY SUP~RINTEIIO~NT TO PUBLIC WO~S D~OR. BE IT ORDAINED BY THE }~YOR ~P COUNCIL OF CITY OF McCALL, IDAHO, AS FOL~S~ 249 Section 1. That Section 2-1-5 of the Village Code of :tcCall~ Idaho, 'be, and the se~. ia hereby repealed. Section 2. That Chapter l, Title II of tho Village Code Of Mc~-~fI~-l~d~O, be, and the sam~ is hereby amended by the addition thereto Of s I;$w SEC?ION, to bo known and designated as Section 2-1-$ of th~'-t~lI~'~-~ode of McCall, Idaho, and to read as follows; 2-1-5= ADOPTION OF COD~S~ The following cOdel, except as herein amended, are hereby adopted for all areas within tho incorporated limits Of McCall, Idaho. (A) The Uniform Building Code, 19~ edition, and the ~ollowing Appendices thereto: Chapter 11, A~ricultural Buildings Chapter 23, Snow ~oad Design Chapter 321 Chapter 49; patio Covers (B) The Uniform Coda ~or ~atament of Dangerous 19~8 edition, published by the IntornatlQnm1 Conference of Building Officials. (C) The Unifo~ Mechanical Code, 1988 edition, and a~pendicas A %brough D. (D) $chem~ for ~he lden~lfica~ion of Piping Systo~, ~A . =ngineers, and shall be applicable to p~%lo and private hospitals. (E) The UnifoaFi~ Code, 1988 edition, and all appendices excep% l-B, II-B and Z-C, published by the Western Fl~e Chiefs Association and the International Conference of Building Officials, and ~he Life Safety Code, National Fire p=otoc~lon Association Code n~er 101-1973, published by the R~lonal Fire AssOCiation. (F) National Fire pro,et:ion Code sections as NFPA 501-A-1982~ Manufactured Ho~ NFPA 501-C-1982~ ~crea~ional Vehiole Fire Safety Guidelines. NFPA 501-D-1982~ Recreational Vehicle Parks and Campgrounds. NFPA 54-1~84~ Natura~ Fuel Gas Code. NFPA 58-1986~ Storage and Handling of petroleum Gases. NFPA 59-19841 Storage and llandllng of LlquigiOd pet~olo~Gaso8 at Utility Gas Plants. loc:ion 3. That Section 2-1-6 of the Vlllaqo Code si t~Call, ldaho~he same il hereby a~nded ~o ~oad al omendedv chanqed or 8~teredT ouch n~ndments, ehargeo end a~era~ieas are hereby adopted a.~ ~ae · par~ of the Tho Uniform gullding Code on~eratod fn Section 2-1-5(A) hereof, Is hereby amended In ~he ~ollowing (A) Snow ~ads. Section 2305(d} of said Uniform 'Code shall be amended by adding the following: "The mi,imum nominal design snow load for McCall shall bo dosiqnatod as one hundred ~wonCy (120) pounds pO~ aguaro foot and tho Suildin~ loadings In certain locations Of tho City known to experience h~avior snow falls.~ (B) Plan Review Foes. S~ctlon 304(b) o~ said Unifo~ 8ulldin9 Code shall be amended to ~ead as follows~ 304(b) Plan R~view F~es. When a plan or other data is requi~ed to ~ sub- mitted by Subsection (b) og Section 302~ a plan review foe shall be paid et tho time of lubmitt~ng plans and Ipecificat~onl for ~ions Il from $1.00 to SRS,O00.O0 the gee IhaLl ~ $~$l~r& except 2. When tho construction cout o~ laid ~lan~ or specifica- tions ia Item ~RS~001 to ~R5 50~000.00 the fee ihall bo ~592~.00~ a except for co~erc~l construction. 3. When the conlt~uction cost o~ said plans or specifica- tions la $t~5 50,001.00 o~ g~eator the fee shall be ~100.00~a bulld~ permit ~ee or SlO0 00~ whichever la ~raacar. one of tho followln~ conditionl il ~t~ - 1. ~he total bulldln~ area exceeds ~000 equate ~eet~ or 2. The pe~lt or re~delinq value exceeds ~50~000 or tho ~50~000 or occupancy. Section 4. That Section 2-1-8~ of th~ Vlllag~ Code of McCall~ Idaho, be, and the la~ la hereby a~nded to read as ~ollowl~ 2-1-8B~ ADDITION~ ~LECTRI~L WIRING ~Q~I~NTS: The gollowin~ additional electrical wirin~ reqvireMnta shell apply within ~he cor~rate limita o~ the City: as co~%mercial or bulldinq of public assembly in 7one "C" Com- ~e~cial District and '/%~lr''------e~ulre~ ~o be l~ Zo.e "0" ~ .....1C ..... i~l ~ist~ict metal racewayev~ or other UL approved (B) All electrical wiring in places Of public within the corporate limits of the City, Including, but not whether publicly or privately owned or operated shall bo in (C} Exception to the foregoing provisions. Conductor operating at thirty (~0) VOltS or ieee may be insgaIle~ by any me~hod. "O" used strictly as residential buildin~ and llavinq not wirimg Iff metal roc~wayav~ or other UL approved ~oIIow~ Passed and app .... d this. ~Cday of _ ~989. c.) FY 87-88 Audit Report: Wendal Jeffertes of Presnell, Gage and ¢o. presented and reviewed the auditor's report. Prior to accepting the report, the Council asked for time to review the report and requested a staff response to items in the management letter. D.) Amendment No. 1 to the Toothman-Orton Engineering Agreement (1988-89 contract): This amendment addresses engineering services to include the pavement recycling alternative in the 1989 Project plans and specifications. A motion by McCarty, seconded by Van Komen, to approve the contract amendment was approved unanimously. IX. NEW BUSINESS A.) Revised Personnel Policy: The Council asked that this matter be scheduled for March 10, ~989. B.) Plans, Specifications, and Call for Bids for the 1989 Sewer Television Inspection Program. The plans and specifications were presented for review, a motion to approve the Plans and Specifications and Call for Bids on the 1989 Sewer Internal Inspection program was made by Wallace, seconded by Moltke and carried unanimously. Work order No. 6 from Toothman-Orton Engineering Co. to cover engineering services for the internal inspection program was approved unanimously on a motion by Wallace, seconded by Van momen. X. BOARD, COMMITTEE, AND COMMISSION REPORTS A.) Parks and Recreation Committee Report: Max Williamson presented the report including results of their park inspection and prioritization of improvements required, and park rules. After discussion, Moltke moved to accept the report, Van Komen seconded and the motion carried. The Council asked the Mayor to have staff prepare a draft "Park Rules" ordinance. XI. ADJOURNMENT Without further business, Wallace moved to adjourn, Moltke seconded and the motion carried. ATTEST: Arthur J./Schmidt Jdhr~ J. AlI&n~ Jr. Mayor of McCall CITY COUNCIL MINUTES FEBRUARY 23, 1989 CALL TO ORDER AND ROLL CALL Mayor Allen called the meeting to order at 7:10 PM. Members answering the roll call were Van Komen, McCarty and Wallace. The Mayor declared that a quorum was present. 'II. MINUTES OF January 26, 1989 and February 9, 1989 There being no objection, the minutes of January 26 and February 9, 1989 were ordered filed. III. PAYMENT OF CLAIMS Wallace made a motion to pay the claims as presented. Seconded by McCarty, the motion passed unanimously. IV. CONSENT CALENDAR There being no objection, the Golf Course Advisory Committee minutes of January 30, 1989 were accepted. MAYOR AND COUNCIL COMMENTS AND REPORTS The letter to the Water Resources Board was noted. VI. STAFF REPORTS A. City Administrator's Report 1.) 1988-1989 Audit Engagement: seconded by Wallace to solicit bids unanimously. A motion by Van Komen, for the Audit carried 2.) Request for Approval of Funds: Separate checking accounts for Water Capitalization Funds, Sewer Capitalization Funds, Golf Capitalization Funds, FAA Grant Funds and Sewer Bond Funds were recommended in the 87-88 audit. A motion by Van Komen, seconded by McCarty to approve accounts for any funds that were mandated to be in separate accounts after research passed unanimously. B. City Attorney's Report 1.) The City Attorney requested direction concerning a draft ordinance permitting alcoholic beverages in City Parks.. After discussion, the Council advised that alcoholic beverages may be permitted in some parks, but not in others. 2.) The City Attorney reported that he had completed a draft policy concerning the destruction of records and was forwarding it to the City Administrator for comment prior to presenting it to the Council. 3.) The City Attorney reported that he had some concerns with a " Solid Waste Management and Recycling Act: currently before the Legislature. He will provide copies for the Council's information. 4.) The City Attorney reported that he was still researching the Section 125 "Cafeteria" plan. VII. OLD BUSINESS A. Ordinance 543 relating to Snowmobiles: Ordinance 543 was read for the second t/me and filed for the third reading. 2 B. General Obligation Bond: The council notes the General Obligation bond Project List. Van Komen requested that two projects be added, additional parking and bicycle paths,and that their costs be estimated and added to the list. VIII.NEW BUSINESS There was no new business to discuss. X. BOARD, COMMITTEE AND COMMISSION REPORTS REQUIRING ACTION 1.) Golf Course Advisory Committee 2/11/89 Minutes A motion by Van Komen, seconded by Wallace, to hold a Revenue Bond Election for the $450,000 recommended by the Committee on June 6, 1989 carried. 2.) City P & Z 2/7/89 minutes AND 3.) Impact P & Z 2/13/89 minutes After discussion, the Council requested that the City Administrator frame a proposal to hire a professional planner to revise and update the Comprehensive Plans for the City and the Area of City Impact to present at the next meeting. XI. CORRESPONDENCE A motion by Wallace seconded by Van Komen to write a letter of support to the Hwy 95 Association on behalf of the Nez Perce Battlefield passed unanimously. XII. INFORMATION ITEMS The council noted the following information items: 1.) The letter from Toothman/Orton regarding the project list. 2.) The AIC Action Bulletin concerning proposed Idaho Legislation. 3.) An article in Risk Management concerning litigation against municipalities in excess of insurance coverage. 4.) A letter from the P & Z Commissions of the City of McCall and the Area of City Impact recommending that a professional planner to be hired to update the Comprehensive Plan. XIII.ADJOUR/qMENT There being no further business, a motion to adjourn by Wallace, seconded by McCarty carried. John J.~Allen, Jr. ' Mayor of McCall Attest: Arthur J. Sch~idt; City Clerk McCALL CITY COUNCIL MINUTES March 9, 1989 Roll Call and Call to Order: Mayor Allen called the meeting to order at 7:00 p.m. McCarty, Wallace and VanKomen answered the roll call. was absent. Councilmen Mr. Moltke II. Minutes: The minutes of the regular February 23, 2989 meeting were, without objection, ordered for filing by the Mayor. III. Payment of Claims: After review of the claims, a motion by McCarty to pay the claims was seconded by Wallace and carried unanimously. IV. Consent Calendar: The Airport Committee minutes of March 1, 1989 and a liquor catering permit dated March 11, 1989 by Lardo's were approved unanimously upon vote on a motion by Wallace and seconded by McCarty. Mayor and Council Comments and Reports: me Resignation of Impact Planning and Zoning member Steve Dye: Mr. Dye's resignation was accepted without objection by order of the chair. The Council asked that a letter of appreciation for his services be sent to Mr. Dye. Be Reappointment of David Engen to Golf Course Advisory Committee: Mayor Allen reported that Mr. Engen was originally appointed to fill the unexpired term of Don Medley. The Mayor nominated Mr. Engen for reappointment to a full three year term on the Golf Course Advisory Committee. Mr. VanKomen moved to confirm the nomination, Mr. Wallace seconded and the motion carried. Ce House Bill 211; Liquor Licenses on Golf Courses: Allen reported on the progress of this bill. Mayor SITPA Land Project: Councilman Wallace reported on his attendance at Boise meetings supporting the development of an interpretive center on the site. VI. Staff Reports: City Administrator's reports on miscellaneous items: 1. Mr. Schmidt reported on the FAA conference, a planned meeting with the Transportation Board on March 16, 1989, national news coverage of the police snowmobile enforcement over winter carnival, and the work with CONTEL to relocate McBride Street phone lines. 2. The Administrator asked that the NDB Technician Agreement with the U.S. Forest Service (dated 12/23/87) be cancelled. Mr. McCarty moved, Mr. VanKomen seconded to notify the U.S. Forest Service that the Agreement was cancelled. With further discussion, Mr. McCarty moved and VanKomen seconded to engage Frank Vetsch, Radio Communications, Inc., as the NDB technician. The motion carried. 3. A report by Public Works Director Chalfant on a capital improvement fee for the Mill Restaurant of expansion $1,044.00 was motioned up by Mr. Wallace, seconded by Mr. VanKomen and approved as presented. 4 4. Police officer discharge: Mr. Schmidt reported that Officer Kitzelman had been discharged this date and advised discussion in an executive session. City Attorney Report: Attorney Remaklus presented Ordinance No. 2-89 regarding the health insurance premium qualification, under Section 125d of the Internal Revenue Code. A motion by Mr. Wallace to adopt Resolution 2-89 was seconded by Mr. McCarty and on a roll call Messrs.. Wallace, VanKomen and McCarty voted "aye". The motion carried. P SO .UT ON No. WHEREAS, the city has under consideration adoption of a "Cafeteria Plan" for its employees under Section 125(d) of the Internal Revenue Code. NOW, THEREFORE, Be it resolved that the City of McCall, Idaho, does hereby adopt that certain Section 125 Plan dated and signed concurrently herewith and on file with the City Clerk. Be it further resolved, that pursuant to Article 14 of the plan, administratin of such plan shall be the responsi- bility of the Employee Benefits Committee consisting of the members hereinafter named who are hereby appointed to such committee, to-wit: Councilman Richard Mpl~k~ Councilman Gary Van Kpmen City Treasurer, James Henderson Dated this 9th day of ~'!arch, 1989. Attest: "'. " Treasurer's Report: The treasurer's report of February 28, 1989 for the five month period of FY88-89 was ordered filed by Mayor Allen without objection. VII. Old Business Personnel Rules: After discussion, the council requested that the Mayor be designated in the rules as the personnel officer, then asked the city attorney to prepare a resolution for consideration at the next meeting to adopt those rules. Award of Bids; 1989 Sewer Inspection Program: the City received two bids and staff and engineers recommended an award to Kenneth M. Shelton Construction Co. of Paradise, Utah in the amount of $29,882.50. A motion by Mr. VanKomen, seconded by Mr. Wallace to award the 1989 Sewer Inspection Contract to Kenneth M. Shelton Construction Company and authorize the Mayor to sign all necessary contract documents was approved on a roll call vote. Messrs. VanKomen, Wallace and McCarty voted "aye". 1989 Sewer Projects: Rick Orton of Toothman-Orton Engineering requested approval of work order numbers 7, 8, 9, and 10. A discussion of reprioritizing sewer projects followed. In the discussion, the airport line construction was delayed and Burns Road, a river diversion, and Lake Street repairs were authorized. A motion by Mr. McCarty to authorize work order numbers 7, 8, 9, and 10 was seconded by Mr. VanKomen-and carried. Time Extension for Filing Plat; Westshore Village Subdivision: In response to a request from Attorney Millemann to extend the time limit for filing the plat of Westshore Village with the County, Mr. VanKomen moved to grant the extension of time as requested. Mr. Wallace seconded and the motion carried. Central District Health Easement: The council reviewed letters from Mr. Kerr and Mr. Reed on the matter. After discussion, Mr. Wallace moved to approve the utility and access easements as drawn deleting the access to the carport. The easements are drawn with the understanding that the utility lines will be laid as grade permits which may require amendments of the actual easements. Snow conditions prevent accurate surveying at this time. Mr. Vankomen seconded and the motion carried unanimously. Delta Dental Care Contract: A new contract was presented which included an increased cost of .33¢ per month per employee. A motion to accept the rate increase and authorize the Mayor to sign was made by Mr. McCarty, seconded by Mr. Wallace and carried. VIII. New Business: Status Report; Le Bols: Greg Spangenberg, Special Projects Coordinator for the Boise National Forest, described progress and problems of the proposed development on West Mountain. He outlined the future hearing schedule on the Environmental Impact Statement. No action was taken. Waterways Grant Application: An application by the City to the Idaho Department of Parks and Recreation was reviewed for parking in the boat ramp area. Mr. McCarty moved to approve the application and authorize the Mayor to sign it. It was seconded by Mr. VanKomen and carried unanimously. Sewer Bill Adjustments; Homer and Mary Barnes: A report on the matter was presented by Treasurer Henderson. Mr. VanKomen moved and Mr. McCarty seconded to instruct the Treasurer to further demand payment and, if necessary, to represent the City in a small claims action on the matter. The motion carried. D. Joint Voter Registration Proposal: Valley County has proposed joint voter registration and forwarded an agreement to effect such an arrangement. Mr. Wallace moved to approve the agreement, and to authorize the Mayor to sign said agreement. The motion carried. X. Board Committee and Commission Report~ City Planing and Zoning: The commission's request for an updated zoning map was noted. Be Impact Planing and Zoning: The commission's adoption of By-Laws, Practices and Procedures was noted. XI. Information Items The following information items were noted: AIC Action Bulletins Numbers 6, 7, and 8; letter confirming IDOT board meeting. XII. Executive Session Mr. VanKomen moved to adjourn to Executive Session pursuant to lC 67-2345(b) to discuss a matter related to dismissal of a public employee. Messrs. VanKomen, Wallace and McCarty voted "aye" on a roll call vote at 8:41 p.m. The Council returned from Executive Session at 9:03 p.m. and Mayor Allen reported the matter discussed was Mr. Kitzelmann's resignation this date. XIII. Adjourn Without further business, Mr. Wallace moved for adjournment. Mr. VanKomen seconded and the motion carried without debate. Mayo~ of McCall Attest: ARTHUR J. S~tR{IDT City Clerk' MCCALL CITY COUNCIL MINUTES APRIL 13, 1989 I. CALL TO ORDER Mayor Allen called the meeting to order at 7:00 PM. II. ROLL CALL Council members answering the Roll Call were: McCarty, Wallace, Van Komen and Moltke. III. MINUTES OF MARCH 9, 1989 The minutes of the; regular meeting of March 9, without objection, ordered for filing by the Mayor. IV. PAYMENT OF CLAIMS 1989 were, A. Bills previously paid: A motion by Wallace, seconded by Van Komen to approve bills paid previously without Council approval (list dated March 17, 1989) carried unanimously. B. Current Bills: A mothion by McCarty, seconded by Wallace to pay current claims (list dated April 4, 1989) carried unanimously. C. Insurance Claim: A motion by Van Komen to pay, directly to the claimant, Rob Lewis, the amount of $42.64 for damage incurred to his vehicle by a city vehicle was seconded by McCarty and carried. V. CONSENT CALENDAR McCarty moved to approve the consent calendar which included the Library Board Minutes of March 24, 1989, and approval of a Liquor License for Jeffery Stoddard of the Yacht Club. The motion was seconded by Moltke and carried. VI. MAYOR AND COUNCIL COMMENTS AND REPORTS Mayor Allen noted the letter he has sent to the Trust for Public Lands and proclaimed April 17 - 23, 1989, as Human Rights Week. VII. STAFF REPORTS A. City Administrator's Report: The Administrator reported on the following miscellaneous items: "McCall" routing signs on 1-84 at Meridian; installation of a gate at the City gravel pit; spring sewer flows; commencement of the 1989 TV inspection of City sewers; recodification of the City Code; receipt of the 1989 County Airport Levy in the amount of $9,000.00; and scheduling of certification of the McCall NBD for September 21, 1989. A separate report on the loss of $80,000.00 as budgeted from County Road and Bridge Taxes was made and directions given on street priorities for 1989. Boydstun Street and Dienhard Lane will receive a cold mix overlay with Valley Count assistance. The Administrator requested approval of the final pay estimate for the Davis Beach Water System improvements and noted the delay in completion of the Project. McCarty moved to approve the final estimate and authorize payment. Seconded by Wallace, the motion carried. B. City Attorney's Report: (1) The City Attorney noted new legislation from the last Assembly that will permit reopening of the City budget for all unanticipated non-property tax receipts. (2) Resolution 7-89: At the March 9, 1989 meeting, the joint registration agreement was approved. State Code requires this action be by Resolution. A motion by Van Komen and seconded by Bob McCarty to adopt Resolution 7-89 carried unanimously. C. City Treasurer's Report: (1) The City Treasurer requested clarification of the basis for assessment of the $1.25 capitalization fee. Moltke moved to find that the Council's intent was to assess the fee on each living unit, (i.e., condo unit, apartment, duplex unit, mobile home or single family dwelling). This was seconded by Van Komen. After discussion, differentiating this from "customer" and "user", the motion carried unanimously. (2) Response to Audit Management Letter: After review and without objection, Mayor Allen ordered the response accepted and delivered to the auditors. (3) Financial Statement of of March 31, 1989: After review and without objection, the chair ordered the report published and accepted. PUBLIC HEARING At 7:30 PM, Mayor Allen announced that this was the time and place for a public hearing on the Flood Hazard Zone and flood regulations as proposed by Ordinance 546. A staff report outlined the ordinance provisions. No one from the public rose to comment. Mayor Allen closed the hearing. Wallace moved to suspend the rules requiring an ordinance be read on three separate occasions. The motion was seconded by McCarty, an on a roll call vote, Wallace, McCarty, Van Komen, and Moltke voted "Aye". The motion carried. McCarty moved to adopt Ordinance 546, which was seconded by Moltke and'.carried on' ~. roll~ call vote' with'McCarty," Moltke~ Wallace a~'d V~n K°men vo~i~"~ye,~ (INSERT oRD'~"546)3'~': '"' "'~" t ORDINANCE NO. ~G AN ORDINANCE RELATING TO THE FLOOD HAZARD ZONE OF THE CITY OF McCALL, IDAHO; ADDING CHAPTER 28 TO TITLE III OF THE VILLAGE CODE OF MCCALL, IDAHO; PROVIDING FOR A STATemENT OF PURPOSE; ADOPTING THE FLOOD INSUP~.NCE P~TE AND FLOOD INSURANCE STUDY BY REFERENCE; PROVIDING DEFINITIONS; ESTABLISHING THE BOUNDARIES OF AREAS OF SPECIAL FLOOD HAZARD; PROVIDING A JURISDICTIONAL STAT~4ENT; ESTABLISHING A DEVELOPMENT PERMIT; DESIGNATING AN ADMINISTRATOR AND THE ADMINISTRATOR'S DUTIES; ESTABLISHING STANDARDS FC~ THE GENERAL REDUCTION OF FLOOD HAZARD; ESTAB- LT?HINGSTANDARDS FOR REDUCTION OF FLOOD HAZARD IN AREAS OF SPECIAL FLOOD HAZARD; DEFINING FLOODWAYS AND PROVIDING STANDAP~S IN FLOODWAY AREAS; PROVIDING FOR SEVERABILITY AND DECLARING AN ~ERGENCY. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. That Title III of the Village Code of McCall, Idaho, be, and the same is hereby amended by the addition thereto of a new chapter to be known and desiqnated as Chapter 28, and to read as follows: 3-28-1: STATEMENT OF PURPOSE: It is the purpose of this ordinance to promote the public health, safety, and qeneral welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions desiqned: (A) To nrotect human life and health; (B) To minimize expenditure of public money and costly flood control projects; (C) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the ex- pense of the general public; (D) To minimize prolonged business interruptions; (E) To minimize damage to public facilities and utilities such as water mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard; (F) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood bliqht areas; (G) To ensure that potential buyers are notified that property is in an area of special flood hazard; and, (H) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions; (I) To establish a flood hazard zone which shall be an overlay zone. 3-28-2: ADOPTION OF FLOOD INSURA~]CE RATE AND FLOOD INSURANCE STUDY: The City of McCall hereby adopts by reference the flood insurance rate maps and flood insurance study as compiled by the Federal Emergency Manaqement Agency for the City of McCall, effective date of which is April 17, 1989, and three copies of which are available for public review at the office of the City Clerk, City Hall, City of McCall. 3-25-3: DEFINITIONS: Unless specificaliy defined below, words or phrases used in this ordinance shall be interpreted so as to ~ive them the meaning they have in common usage and to give this ordinance its most reasonable application~ (A) "AREA OF SPECIAL FLOOD HA?ARD" means the land in the flood plain ~ithin a community subject to a one percent or greater chance of flooding in any given year. Desianation on maps always includes the letters A or V. (B) "BASE FLOOD" means the flood having a one percent chance of being equalled or exceeded in any given year. Also referred to as the "100-year flood." Designation on maps always includes the letters A or V. (C) "De~Telopment" means any man-made chanae to improved or unimproved real estate, including but not limited to build- ings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. (D) "FLOOD or "FLOODING" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1 The overflow of inland or tidal waters and/or The unusual and rapid accumulation of runoff of surface waters from any source. (E "FLOOD INSUP~NCE RATE L%AP (FI~)" means the official map on which the Federal Insurance Administration has delin- eated both the areas of s~ecial flood hazards and the risk premium zones applicable to the community. (F) "FLOOD INSUP~NCE STUDY" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood. (G) "FLOODWAY" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. (H) "LOWEST FLOOR" means the lowest floor of the lowest enclosed area (including basement). ~ unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design require- ments of this ordinance found at Section 3-28-6(B) (1) (b). (I) "MANFACTURED HOME" means a structure, transportable in one or ~ore sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. (J) "NEW CONSTRUCTION" means structures for which the "start of construction" commenced on or after the effective date of ~his ordinance. (K) "START OF CONSTRUCTION" includes substantial improve- ment, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruc- tion, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, Diers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. (L) "STRUCTURE" means a walled and roofed building in- cluding a gas or liquid storage tank that is principally above ground. (M) "SUBSTANTIAL IMPROVEMENT" means any repair, re- construction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial imDrove- ment" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the ex- ternal dimensions of the structure. 3-29-4: GENERAL PROVISIOHS: (A) LANDS TO ~ICH THIS ORDINANCE APPLIES. This ordinance shall apply to all areas of special flood hazards within the corporate limits of the City of McCall, Idaho. (B) BASIS FOR ESTABLISHI~]G THE AREAS OF SPECIAL FLOOD HAZARD. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineerinq report entitled "The Flood Insurance Study for McCall, Idaho", dated April 17, 1989, with accompanying Flood Insurance Maps is hereby adopted by reference and declared to be a Dart of this ordinance. The Flood Insurance Study is on file at the office of the city clerk, McCall City Hall, 216 Park Street, P. O. Box 1065, McCall, Idaho 83638. 9 3-28-5: ADMINISTRATION: (A) ESTABLISH~ENT OF DEVELOPMENT PEP~4IT. (1) Development Permit Required A development permit shall be obtained before construction or development beqins within any area of special flood hazard established in Section 3-28-4(B). The permit shall be for all structures includinq manufactured homes, as set forth in the "DEFINITIONS", and for all development including fill and other activities, also as set forth in the "DEFINITIONS". (B) DESIGNATION OF THE OFFICE OF ~,~YOR AS ADMINISTP~TOR. The Mayor or his designee is hereby appointed to administer and implement this ordinance by granting or denying develop- ment permit applications in accordance with its provisions. (C) DUTIES AND RESPONSIBILITIES OF THE ADMINISTRATOR. Duties of the Mayor or his designee shall include, but not be limited to: (1)Permit Review (a) Review all development permits to determine that the permit requirements of this ordinance have been satisfied. (b) Review all development permits to determine that all necessary permits have been obtained from those Federal, State, or local governmental agencies from which prior approval is required. (c) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 3-28-6(C) (1) are met. (2) Use of Other Base Flood Data When base flood elevation data has not been provided in accordance with Section 3-28-4(B), BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the Mayor or his designee obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, State or other source, in order to administ~ Sections 3-28-6(B), SPECIFIC STANDARDS, and 3-28-(C), FLOODWAYS. (3) Information to be Obtained and Maintained (a) Where base flood elevation data is provided through the Flood Insurance Study or required as in Section 3-28-5(C) (2), obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. (b) For all new or substantially improved floodDroofed structures: (i) verify and record the actual elevation (in relation to mean sea level), and (ii) maintain the permits required in Section 3-28-5(C) (1). (c) Maintain for public inspection all records pertaining to the provisions of this ordinance. (4) Alteration of Watercourses (a) Notify adjacent communities and the Idaho Department of Water Resources prior to any algeration or relocation of a %~atercourse, and submit evidence of such notification to the Federal Insurance Administration. (b) Require that maintenance is provided within the altered or relocated nortion of said watercourse so that the flood carrying capacity is not diminished. (5) Interpretation of FI~ Boundaries Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field condl~ions).The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeals shall be granted consistent with the standards of Section 60.6 of the rules and regulations of the National Flood Insurance Program. l0 3-28-6: PROVISIONS FOR FLOOD HAZARD REDUCTION~ (A) GENERAL STANDARDS. In all areas ~f special flood hazards, the following standards are required: (1) Anchoring (a) Ail new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. (b) Ail manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (Reference F~'s "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques). (2) Construction Materials and Methods (a) All new construction and substantial improvements 'shall be constructed with materials and utility equipment resistant to flood damage. (b) Ail new construction and substantial improvements shall be constructed using methods and practices that minimize damage. (c) Electrical, heating, ventilation, plumbing, and air- conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (3) Utilities (a) Ail new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (b) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and, (c) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (4) Subdivision Proposals (a) All subdivision proposals shall be consistent with the need to minimize flood damage; (b) Ail subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; (c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and, (d) Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or 5 acres (which- ever is less). (5) Review of Building Permits Where elevation data is not available either through the Flood Insurance Study or from another authoritative source 3-28~ (C) (2). Applications for building permits shall be re- viewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates. (B) SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 3-28-4(B), BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD or Section 3-28-5(C) (2), Use of Other Base Flood Data, the following provisions are required: (1) Residential Construction (a) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation. (b) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: (i) A minimum or two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. 11 (ii) The bottom of all openings shall be no higher than one foot above grade. (iii) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (2) Nonresidential Construction New construction and substantial improvement of any com- mercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: (a) be f~oodproofed so that below the base flood level the structure is watertight with walls substantially imperm- eable to the passage of water; (b) have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; (c) be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/ or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in Section 3-28-(5) (C) (3) (b). (d) Nonresidential structures that are elevated, not flood- proofed, must meet the same standards for space below the lowest floor as described in 3-28-6(B) (1) (b). (e) Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g. a building constructed to the base flood level will be rated as one foot below that level). (3) Manufactured Homes Ail manufactured homes to be placed or substantially im- proved within Zones Al-30, AH, and AE shall be elevated on a ~ermanent foundation such that the lowest floor of the manu- factured home is at or above the base flood elevation and be securely anchored to an.adequately anchored foundation system in accordance with the provisions of subsection 3-28-6(A) (1) (b). (C) FLOODWAYS Located within areas of special flood hazard established in Section 3-28-4(B) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply: (1) Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certi- fication by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (2) If Section 3-28-6(C)(1) is satisfied, all new con- struction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 3-28-6 PROVISIONS FOR FLOOD HAZARD REDUCTION. 3-28-7: SEVERABILITY: If any section, subsection, sentence, clause or phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining ..~ogtions hereof. 3-28-8: EMERGENCY DECLARED: An emergency existing therefor, which emergency is hereby declared to exist, this ordinance shall be in full force and effect upon its passage, approval and publication hereof. Passed and approved this /?/~gday~/ of/~/'{~, 1989. ~:~_.'~ ...... ~,~ .~--~ - Attest ~~~0/? 7//~~ 5 Attorney Remaklus introduced Resolution 10-89, which provided a summary of Ordinance 546. A motion by Wallace, seconded by McCarty, to adopt Resolution 10-89, carried unanimously. VIII.OLD BUSINESS A. Evergreen Terrace Final Plat: This item is carried forward from 1983. The developer wishes to secure final approval and the Public Works Director in a memo dated March 13, 1989 outlines conditions for approval. The Council determined that the cost of the storm culvert should be the developers. Further, they asked staff to propose to the developer that the cost of the half-width pavement of Floyd be used to do a cold mix surfacing of the full width. With the Public Work Director's recommendations, if the culvert and paving issues are resolved as suggested, the plat could be approved. Van Komen moved, Wallace seconded approval of the plat and authorizing the Mayor to sign, when all conditions, bonds and related matters had been satisfactorily resolved; the motion carried unanimously. B. RFP, Plannin8 Consultant: Mr. Jim Stravens presented his suggestions for an RFP for Planning services. Following discussion, McCarty moved and Van Komen seconded to prepare an RFP based on these suggestions for planning services. The motion carried unanimously. C. Resolution 8-89, Personnel Rules: A memo from the City Administrator regarding a Council inquiry about authority for administration of the rules was discussed and the alternate section 5 presented in the memo was recommended to amend the proposed rules. With that section amended, McCarty moved to adopt Resolution 8-89 which creates a personnel policy and personnel rules. Van Komen seconded and the motion carried unanimously. D. Airport Engineering Contract Amendment (1989 Agreement): Amendment No. 2 to the 1989 Engineering Agreement for the Airport Improvement Project was presented and reviewed. A motion to approve Amendment No. 2 was made by Wallace, seconded by McCarty and on a roll call Van Komen, McCarty, Moltke and Wallace voted "AYE" and the motion carried. E. Water Rate Review: A memorandum outlining several water rate issues was presented. The Council asked this matter be rescheduled for its next agenda. The Chair directed the matter to the next agenda. F. Park Rules: A memorandum on the question of alcoholic beverage consumption in City Parks was reviewed. No action was forthcoming. A compilation of committee recommendations and staff recommendations was presented as a draft ordinance on Park Rules. The Council reviewed the material and suggested the material be referred to the City Attorney to be prepared as an Ordinance. The Mayor so ordered. G. Request for Proposals for Audit Services (RFP): A draft of an RFP was presented, certain amendments were made and Wallace moved, and Van Komen seconded, a motion to direct that the RFP be published as amended for audit services. The motion carried unanimously. H. Ordinance 543, Relating to Snowmobiles, 3rd Reading: The City Attorney asked that the third reading be deferred to the next agenda. The Chair so ordered. IX. NEW BUSINESS A. Ordinance 544, Setting a General Obligation Bond Issue for $1.1 Million in Park Improvements: Wallace moved to suspend the rule requiring an ordinance to be read on three separate occasions. McCarty seconded, and on a roll call, Wallace, McCarty, Van Komen and Moltke voted AYE. The motion carried. McCarty moved to adopt Ordinance 544, Van Komen seconded, and on a roll call, McCarty, Van Komen, and Wallace voted "Aye". Moltke abstained. The motion carried. (INSERT ORD. 544) ORDINANCE NO. '544 AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO, ORDERING A SPECIAL ELECTION TO BE HELD ON THE QUESTION OF THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $1,100,000 FOR THE PURPOSE OF PROVIDING FUNDS FOR THE PURPOSE OF FINANCING CERTAIN CAPITAL IMPROVEMENTS FOR PUBLIC RECREATIONAL FACILITIES; ESTABLISHING THE DATE, TIME, AND PLACE OF SAID ELECTION; APPROVING A FORM OF NOTICE OF ELECTION; AND PROVIDING FOR OTHER MATTERS RELATING THERETO WHEREAS, the City of McCall (the "City") is a municipal corporation duly organized and operating under the laws of the State of Idaho; and WHEREAS, the city Council (the "Council") of the City has determined that the interests of the City and the public interest and necessity required the incurring of an indebtedness of the City in the amount of not to exceed $1,100,000 for certain capital improvements consisting generally of the acquisition and improve- ment of land for recreational facilities, construction and improvement of recreational trails and bridges, park improvements, and other recreational improvements, together with costs incident thereto; and WHEREAS, said indebtedness would exceed the City's income and revenue provided for the current fiscal year, and the Council has determined that said funds should be raised through the issuance and sale of general obligation bonds of the City, subject to the approval of two-thirds (2/3) of the qualified electors voting at the election called for that purpose as provided hereinbelow. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, IDAHO, as follows: section 1: THE PROJECT A. The Council hereby finds, determines, and declares that the interest of the City and the public interest and necessity requir9 the incurring of an indebtedness exceeding the income and revenue provided to the city for the current fiscal year in the amount of not to exceed $1,100,000 for the purpose of acquiring, constructing, and installing certain capital improvements (the "Project") consisting generally of acquisition and improvement of land for recreational facilities, construction and improvement of recreational trails and bridges, park improvements, and other recreational improvements, together with costs of engineering, legal, fiscal advisor, accounting, and other costs and fees incident thereto. B. The cost and expenses of the acquisition, construction, and installation of the Project are estimated to be $1,100,000, including the payment of all preliminary expenses incurred and incident to the Project and properly incident to the issuance of the bonds as such expenses are set forth in Idaho Code Sections 50-1019 through 50-1026A, all of which shall be payable from the proceeds of the sale of general obligation bonds of the City as provided herein. C. Subject to the following subparagraph, the acquisition, construction, and installation of the improvements as described above are hereby ordered. D. Subject to the approval thereof by the qualified electors voting at the election for which provision is hereinafter made, general obligation bonds of the City shall be issued pursuant to the provisions of Idaho Code Sections 50-1019 through 50-1026A, inclusive, and the Municipal Bond Law of the State of Idaho, in the amount of not to exceed $1,100,000, to pay the costs of the Project. Section ~: SPECIAL BOND ELECTION A special bond election is hereby called to be held within the City cf McCall on Tuesday, June 6, 1989. The City, as its boundaries and corporate limits are now fixed and established, shall consist of one (1) voting precinct, as follows: American Legion Meeting Room McCall City Hall Basement 216 Park Street McCall, Idaho The Council shall appoint an election Judge and elmction clerks for said polling place for said special election. The election officials shall be qualified city electors. The City Clerk shall notify the election officials of their appointment within five (5) days following their appointment. If any election official fails to report for duty on the date of election, the City Clerk shall fill such vacancies from among the qualified electors presenting themselves to vote. Section 3: ADMINISTRATION OF ELECTION The polls of said election shall open at the hour of 8:00 o'clock A.M. on June 6, 1989, and shall remain open continuously on said day until the hour of 8:00 o'clock P.M., at which time the polls shall be closed. The administration of the election shall be conducted in accordance with Chapter 4 of Title 50, Idaho Code, as amended, except as provided by Section 50-1026, Idaho Code, and in accordance with this Ordinance. The ballot proposition set forth hereinafter, to be voted upon at said election, shall be 14 separate and distinct from any other measure being voted upon at said election. Section 4: BALLOT The ballot for said special election shall be substantially the following form: SHALL THE CITY OF MCCALL ISSUE AND SELL ITS GENERAL OBLIGATION BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $1,100,000 TO PAY THE COST OF ACQUISITION AND IMPROVEMENT OF LAND FOR RECREATIONAL FACILITIES, CONSTRUCTION AND IMPROVEMENT OF RECREATIONAL TRAILS AND BRIDGES, PARK IMPROVEMENTS, A~D OTHER RECREATIONAL IMPROVEMENTS, AND COSTS INCIDENTAL THERETO, SAID BONDS TO MATURE OVER A PERIOD OF NOT TO EXCEED TWENTY (20) YEARS, ALL AS MORE FULLY PROVIDED IN ORDINANCE NO. 544, ADOPTED ON APRIL 13, 19897 in IN FAVOR of issuing general obligation bonds to the amount of not to exceed $1,100,000 for the purpose stated in Ordinance No. 544 ................ [] AGAINST issuing general obligation bonds to the amount of not to exceed $1,100,000 for the purpose stated in Ordinance No. 544 ................ [ ] INSTRUCTIONS TO VOTERS: To vote on the foregoing proposition, the voter must make a cross (X) in the space to the right of the words "IN FAVOR of issuing general obligation bonds to the amount of not to exceed $1,100,000 for the purpose stated in Ordinance No. 544" or "AGAINST issuing general obligation bonds to the amount of not to exceed $1,100,000 for the purpose stated in Ordinance No. 544" according to the way you desire to vote on the question. All marks otherwise made are forbidden. Ail distinguishing marks are forbidden and make the ballot void. If you, by mistake or accident, mark, tear, deface, or otherwise mutilate this ballot, return it to the election judge and obtain another ballot. The following information is required by Section 34-440, Idaho Code: The interest rate anticipated on the proposed bonds is 7.75%. The range of anticipated rates is from five percent (5.0%) to twelve percent (12.0%). The total existing indebtedness of the City is $615,897. The total amount to be repaid over the life of the proposed bonds, principal and interest, based on the anticipated interest rate, is estimated to be $2,199,340. Section 5: ELECTION EXPENSES The City Clerk is hereby authorized and directed to procure a sufficient number of ballots and such other supplies and to incur such expenses as he deems appropriate and necessary for the proper conduct of the special bond election. Sect~o~ ~: QUALIFIED ELECTORS All persons eighteen (18) years of age or older, who at the time of the specified bond election are qualified electors of the City, properly registered and possessing the qualifications of residents, shall be qualified to vote at said election. Section 7: REGISTRATION No qualified elector who was duly registered as a voter, and who continues to reside at the same address or within the same precinct in which he or she is registered, and has voted in at least one general City election in the past four years, shall be required to re-register. Persons may register at the office of the City Clerk, Registrar for the City, during office hours, until 8:00 o'clock P.M. on June 2, 1989. Any elector who will complete his or her residence requirement or attain the requisite voting age during the period when the register of electors is closed, may register prior to the closing of the register. Secti0D 9: SAMPLE BALLOTS The City Clerk shall cause the ballot to be prepared and cause to be printed sample ballots containing the question to be submitted, which sample ballots shall be in the same form as the official ballots to be used, except they shall have printed thereon the words "Sample Ballot," shall be on paper of a different color than the official ballots, and ,shall not be numbered. The ballot shall be separate from any other measure being voted upon at the election. The City Clerk shall furnish copies of the same on application at his office to anyone applying therefor, said sample ballot shall be published at least twice in the official newspaper of the City, the last publication to be on the last available publication date prior to said election. section 9: NOTICE Notice of said special bond election shall be given for thirty (30) days prior to said election by publishing notice of such election in the Central IdSho Star-News, of McCall, Idaho, which is the official newspaper of the City, once each week on the same day of each week for five (5)~.successive weeks, which notice shall be in substantially the form of Notice of Election which is annexed hereto as Exhibit "A" and by reference made a part hereof. Section 10: CANVASS When the polls are closed, the election judge and clerks shall immediately proceed to count the ballots cast at the election. The counting shall be continued without adjournment until completed and the result declared. The election judge and clerks shall thereupon certify the returns of the election to the city Clerk, who shall present the results to the Council. The Mayor and Council shall meet within six (6) days following the election, or at such time to which said meeting is continued, at the regular meeting place in the City Hall, for the purpose of canvassing the results of the election. Thereupon, the results shall be entered in the minutes of the Council and proclaimed as final. SectloD %1: DEBT DISCLOSURE STATEMENT A brief official statement containing the information required by Idaho Code Section 34-440, as amended, shall be prepared by the City Treasurer. Section 12: GENERAL OBLIGATION BONDS If, at said election, two-thirds (2/3) of the qualified electors of the City voting therein vote in favor of the issuance of said bonds for the purposes set forth herein and designated on the aforesaid ballot, fully registered general obligation bonds of the City shall be authorized, issued, sold, and delivered. The full faith and credit of the City will be pledged for their payment. Said bonds will be paid from annual taxes levied upon all taxable property within the City in sufficient amount to constitute a sinking fund for the payment of the principal thereof, together with the interest on the bonds as it falls due, within a period which may be less than but which shall not exceed twenty (20) years from the date of the bonds. The officers now or hereafter charged by law with the duty of levying taxes for the payment of said bonds and interest thereon shall, in the manner provided by law, make annual levies upon all taxable property within the City sufficient to meet the annual payments of bond principal and interest accruing and maturing as hereinabove provided. Ail bonds shall be issued in the form and manner, and shall be registered, disposed of, and redeemed, in accordance with the provisions of Sections 50-1019 through 50-1026A, Idaho Code, and the Municipal Bond Law of the State of Idaho. Section 13: OFFICERS AUTHORIZED The officers of the City are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Ordinance. Section 14: RATIFICATION Ail action heretofore taken, not inconsistent with the provisions of this Ordinance, by the Mayor and Council, and the officers of the City, directed toward acquisition, construction, and installation of the Project and the issuance of general obligation bonds of the City therefor, and for the holding of a special bond election, are hereby ratified, approved, and confirmed. Section 15: PUBLICATION This Ordinance, or a summary thereof in compliance with Section 50-901A, Idaho Code, shall be published once in the official newspaper of the City, and shall take effect immediately upon its passage, approval, and publication. DATED this 13th day of April, 1989. CITY OF MCCALL Valley County, Idaho ATTEST: ! (SEAL) CITY OF MCCALL Valley County, Idaho NOTICE OF SPECIAL ~QND E~EC~ION NOTICE IS HEREBY GIVEN that pursuant to Ordinance No. 544, adopted on April 13, 1989, of the City of McCall, of Valley County, Idaho, a Special Bond Election will be held in said City on TUESDAY, JUNE 6, 1989 between the hours of 8:00 o'clock A.M. and 8:00 o'clock P.M., for the purpose of voting upon the question and proposition of issuing general obligation bonds in the principal amount of not to exceed $1,100,000 for the purpose of providing funds to pay the cost of acquiring, constructing, and installing certain capital improve- ments and betterments, consisting generally of the acquisition and improvement of land for recreational facilities, construction and improvement of recreational trails and bridges, park improvements, and other recreational improvements, together with the cost of architectural or engineering, legal, accounting, fiscal advisor, and other fees and costs incident thereto, pursuant to the provisions of said ordinance, which ordinance is hereby referred to for further particulars, and which by reference is made a part of this Notice. The total estimated cost of the Project is $1,100,000, all of which cost will be paid from the proceeds of the sale of the proposed bond issue. The question to be submitted to the electors shall be by ballot reading substantially as follows: SHALL THE CITY OF MCCALL ISSUE AND SELL ITS GENERAL OBLIGATION BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $1,100,000 TO PAY THE COST OF ACQUISITION AND IMPROVEMENT OF LAND FOR RECREATIONAL FACILITIES, CONSTRUCTION AND IMPROVEMENT OF RECREATIONAL TRAILS AND BRIDGES, PARK IMPROVEMENTS, AND OTHER RECREATIONAL IMPROVEMENTS, AND COSTS INCIDENTAL THERETO, SAID BONDS TO MATURE OVER A PERIOD OF NOT TO EXCEED TWENTY (20) YEARS, ALL AS MORE FULLY PROVIDED IN ORDINANCE NO. 544, ADOPTED ON APRIL 13, 19897 IN FAVOR of issuing general obligation bonds to the amount of not to exceed $1,100,000 for the purpose stated in ordinance No. 544 ................ [ ] AGAINST issuing general obligation bonds to the amount of not to exceed $1,100,000 for the purpose stated in Ordinance No. 544 ................ [ ] INSTRUCTIONS TO VOTERS: To vote on the foregoing proposition, the voter must make a cross (X) in the space to the right of the words "IN FAVOR of issuing general obligation bonds to the amount of not to exceed $1,100,000 for the purpose stated in Ordinance No. 544" or "AGAINST issuing general obligation bonds to the amount of not to exceed $1,100,000 for the purpose stated in Ordinance No. 544" according to the way you desire to vote on the question. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you, by mistake or accident, mark, tear, deface, or otherwise mutilate this ballot, return it to the election judge and obtain another ballot. The following information is required by Section 34-440, Idaho Code: The interest rate anticipated on the proposed bonds is 7.75%.. The range of anticipated rates is from five percent (5.0%) to twelve percent (12.0%). The total existing indebtedness of the City is $615,897. The total amount to be repaid over the life of the proposed bonds, principal and interest, based on the anticipated interest rate, is estimated to be $2,199,340. Qualified electors shall vote at the following polling place and location: American Legion Meeting Room McCall City Hall Basement 216 Park Street McCall, Idaho Only qualified and registered electors, eighteen (18) years of age or older, who are bona fide residents of the City of McCall, and no others, will be permitted to vote at said special election. No person so qualified and offering to vote at the polling place at which he or she is entitled to vote will be denied the privilege of voting at said special election. Qualified electors who, because of illness or expected absence from the City of McCall on the date of election, will be unable to vote at the polling place at which he or she is entitled to vote on the day of election, may obtain absentee ballots from the city Clerk of the City of McCall. 17 The McCall city Clerk is Registrar .of the City of McCall, and the place of registration is the office of said City Clerk at City Hall, McCall, Idaho. Persons may register on each day at any time during the office hours of the City Clerk continuing to June 2, 1989, on which date the office of the City Clerk will remain open until 8:00 o'clock P.M. No qualified elector who was duly registered as a voter, and who continues to reside at the same address or within the same precinct in which he or she is registered, and has voted in at least one general City election in the past four years, shall be required to re-register. Polls will be opened at the hour of 8:00 o'clock A.M. on Tuesday, June 6, 1989, and will be open continuously until the hour of 8:00 o'clock P.M., at which time the polls will be closed. Each elector shall vote at the polling place provided above. Voting at said election shall be by ballot, and the ballot to be supplied the voters for their~use at said election shall be in the form provided by law. If, at said election, two-thirds (2/3) of the qualified voters voting at said election assent to the issuance of said bonds for the purposes set forth in Ordinance No. 544, the general obligation bonds of the City will be issued for said purposes, which bonds will mature annually over a period which may be less than but which will not exceed twenty (20) years from date, will bear interest at a rate or rates, be in such denominations, be payable in such order, and be subject to such prior redemption as shall be determined by the Mayor and Council in the ordinance authorizing the issuance of the bonds, and will be payable from taxes levied upon all taxable property within the City. DATED this 13th day of April, 1989. CITY OF MCCALL Valley County, Idaho ATTEST: ---- /~lty Cler~ B. Resolution 3-89, a summary of Ordinance 544 was presented. Wallace moved, Van Komen seconded a motion to adopt Resolution 3-89. On a roll call, Wallace, Van Komen and McCarty voted "AYE". Moltke abstained. The motion carried. C. Resolution 5-89, retaining bond council for the $1.1 million park bond issue was presented. McCarty moved to adopt Resolution 5-89, seconded by Wallace and no a roll call, McCarty, Wallace, and Van Komen voted "AYE". Moltke abstained. The motion carried. D. Ordinance 545, setting a Revenue Bond Election for $450,000.00 to construct a new clubhouse was presented. Moltke moved to suspend the rule requiring that an ordinance be read on three separate occasions. Van Komen seconded and on a roll call Moltke, Van Komen, McCarty and Wallace voted AYE. The motion carried. Moltke moved to adopt Ordinance 545, Van Komen seconded and on a roll call Moltke, Van Komen~ Wallace and McCarty voted AYE and the motion carried. (INSERT ORD. 545) ORDINANCE NO. 545 AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND INSTALLATION OF IMPROVEMENTS TO THE PUBLIC GOLF COURSE OF THE CITY OF MCCALL, OF VALLEY COUNTY, IDAHO; CALLING A SPECIAL ELECTION FOR THE SUBMISSION TO THE QUALIFIED EI2~CTORS OF THE CITY THE QUESTION OF THE ISSUANCE OF REVENUE BONDS IN THE A~4OUNT OF NOT TO EXCEED $450,000 TO PAY THE COST THEREOF; ESTABLISHING THE DATE, TIME, AND PLACE OF SAID ELECTION; PROVIDING FOR PUBLIC NOTICE OF SAID ELECTION; AND PROVIDING FOR OTHER MATTERS RELATING THERETO WHEREAS, the City 'of McCall (the "City") is a municipal corporation duly organized and operating under the laws of the State of Idaho; and ( WHEREAS, it has been determined by the City Council of the city (the "Council") to be necessary to the welfare and economic betterment of the City to acquire and construct improvements and betterments to the public golf course of the City, consisting generally of the construction and equipping of a new golf course caddy house, cart storage facilities, landscaping, and related golf course improvements and costs incidental thereto; and WHEREAS, the Council has determined to finance the cost of the construction and installation of said improvements through the issuance of revenue bonds of the City, pursuant to the provisions of the Revenue Bond Act of the State of Idaho, being sections 50-1027 to 50-1042, inclusive, Idaho Code; and WHEREAS, said revenue bonds cannot be issued without the assent of two-thirds (2/3) of the qualified electors of the City voting in an election called for such purpose; and WHEREAS, in order to authorize such revenue bonds, the Council has determined to call and conduct a special municipal bond election for the aforesaid purposes as required by said Revenue Bond Act. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, IDAHO, as follows: Section ~: THE PROJECT A. The Council hereby finds, determines, and declares that it is necessary to the welfare and general economic betterment of the City that the City acquire and construct certain capital improvements and betterments to the City's public golf course (the "Project"), consisting generally of the construction and equipping of a new golf course caddy house, cart storage facilities, landscaping, and related golf course improvements and costs incidental thereto. B. The cost and expenses of the acquisition, construction, and installation of the Project, as estimated by the City, are approximately $450,000, including the payment of all preliminary expenses incurred and incident to the Project and properly incident to the issuance of the bonds as such expenses are set forth in said Revenue Bond Act, and including payment of interest on such bonds during the period to be covered by the acquisition and construction of the improvements as described in subparagraph A above. C. Subject to the following subparagraph, the acquisition, construction, and installation of the improvements, as described in subparagraph A, above, are hereby ordered~J- D. Subject to the approval thereof by the qualified electors voting at the election for which provision is hereinafter made, revenue bonds of the City shall be issued pursuant to the provisions of the Revenue Bond Act, being Idaho Code Sections 50-1027 to 50-1042, inclusive, in the amount of not to exceed $450,000, to pay the costs of the Project. Section 2: SPECIAL ELECTION A special municipal bond election is hereby called within the City to be held on Tuesday, June 6, 1989, for the purpose of enabling the qualified electors of the City to vote upon the proposition set forth in Section 4 hereof. Said election shall be held in accordance with the laws of the State of Idaho. Section 3: ADMINISTRATION OF ELECTION The polls of said election shall open at the hour of 8:00 o'clock A.M. on June 6, 1989, and shall remain open continuously on said day until the hour of 8:00 o'clock P.M., at which time said polls shall be closed. The City, as its boundaries and corporate limits are now fixed and established, shall consist of one (I) voting precinct, as follows: American Legion Meeting Room McCall City Hall Basement 216 Park Street McCall, Idaho The Council shall appoint an election Judge and election clerks for said voting place for said special election. The election officials shall be qualified City electors. The City Clerk shall notify the election officials of their respective appointments. If any election official fails to report for duty on the date of the election, the City Clerk shall fill such vacancies from among the qualified electors presenting themselves to vote. The administration of the election shall be conducted in accordance with Chapter 4 of Title 50, Idaho Code, as amended, except as provided by Section 50-1035, Idaho Code, and in accordance with this Ordinance. The ballot proposition set forth hereinafter, to be voted upon at said election, shall be separate and distinct from any other measure being voted upon at said election. Section 4: BALLOT TITLE The ballot title for said special election shall be in substantially the following form: SHALL THE CITY OF MCCALL ISSUE AND SELL ITS REVENUE BONDS IN THE PRINCIPAL AMOUNT OF NOT MORE THAN $450,000 TO PAY THE COSTS OF IMPROVEMENTS TO THE CITY'S PUBLIC GOLF COURSE, SAID BONDS TO MATURE OVER A PERIOD WHICH MAY BE LESS THAN BUT WHICH SHALL NOT EXCEED TWENTY (20) YEARS AND TO BE PAYABLE SOLELY FROM THE REVENUES OF THE PUBLIC GOLF COURSE, ALL AS MORE FULLY PROVIDED IN ORDINANCE NO. 545, ADOPTED ON APRIL 13, 19897 IN FAVOR OF issuing revenue bonds for the purposes provided by Ordinance No. 545 .... [5] AGAINST the issuance of revenue bonds for the purposes provided by Ordinance No. 545 · [5] INSTRUCTIONS TO VOTERS: To vote on the foregoing proposition, the voter must make a (X) in the space to the right of the words "IN FAVOR OF issuing revenue bonds for the purposes provided by Ordinance No. 545" or "AGAINST the issuance of revenue bonds for the purposes provided by Ordinance No. 545" according the way you desire to vote on the question. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you, by mistake or accident, mark, tear, deface, or otherwise mutilate this ballot, return it to the election Judge and obtain another ballot. The following information is required by Section 34-440, Idaho Code: The interest rate anticipated on the proposed bonds is __%. The range of anticipated rates is from five percent (5.0%) to twelve percent (12.0%). The total amount to be repaid over the life of the proposed bonds, based on the anticipated interest rate, is estimated to be $ Section 5: ELECTION EXPENSES The City Clerk is hereby authorized and directed to procure such supplies and incur such expenses as he deems appropriate and necessary for the proper conduct of the special bond election. Section 6: QUALIFIED ELECTORS All persons eighteen (18) years of age or older, who at the time of the specified bond election are qualified electors of the city, properly registered and possessing the qualifications of residents, shall be qualified to vote at said election. section 7: REGISTRATION No qualified elector who was duly registered as a voter, and who continues to reside at the same address or within the same precinct in which he or she is registered, and has voted in at least one general City election in the past four years, shall be required to re-register. Persons may register at the office of the City Clerk, as Registrar for the City, during office hours, until 8:00 o'clock P.M. on June 2, 1989. Any elector who will complete his or her residence requirement or attain the requisite voting age during the period when the register of electors is closed, may register prior to the closing of the register. Section 8: SAMPLE BALLOTS The City Clerk shall cause the ballot to be prepared and, as required by I.C. Section 50-440, cause to be printed, not less than fifteen (15) days before said election, sample ballots containing the question to be submitted, which sample ballots shall be in the same form as the official ballots to be used, except they shall have printed thereon the words "Sample Ballot," shall be on paper of a different color than the official ballots, and shall not be numbered. The City Clerk shall furnish copies of the same on application at his office to anyone applying therefor. Said sample ballots shall be published at least twice in the official newspaper of the City, the last publication to be on the last available publication date prior to said election. Section 9: NOTICE Notice of said special bond election shall be given prior to said election by publishing notice of such election in the Central Idaho Sta¥-N~ws, of McCall, Idaho, which is the official newspaper of the City, once a week on the same day of the week for two (2) successive weeks, which notice shall be in substantially the form attached hereto, marked Exhibit "A," and by this reference incorporated herein. Section 10: cANVAss When the polls are closed, the election officials shall immediately proceed to count the ballots cast at the election. The counting shall be continued without adjournment until completed and the result declared. The election judge and clerks shall thereupon certify .the returns of the election to the City Clerk, who shall present the results to the Council. The Mayor and Council shall meet within six (6) days following the election, or at such time to which said meeting is continued, at the regular meeting place at the McCall City Hall, McCall, Idaho, for the purpose of canvassing the results of the election. Thereupon, the results shall be entered in the minutes of the Council and proclaimed as final. Section 11: DEBT DISCLOSURE STATEMENT A brief official statement containing the information required by Idaho Code Section 34-440, as amended, shall be prepared by the City Treasurer. Section ~2: REVENUE BONDS If, at said election, two-thirds (2/3) of the qualified electors of the City voting upon the ballot question set forth in Section 4 of this Ordinance vote in favor of the issuance of said bonds for the purposes set forth herein and designated on the aforesaid ballot, fully registered revenue bonds of the City shall be authorized, issued, sold, and delivered. Said bonds shall be issued in the form and manner, shall be registered, shall mature annually over a period which may be less than but which shall not exceed twenty (20) years, shall bear interest at a rate or rates to be determined by the Council at the time of issuance of such bonds, and shall be payable annually or at such lesser intervals and be subject to such redemption provisions, as may be prescribed by the ordinance authorizing the issuance of such bonds, all of which shall be in accordance with the laws of the State of Idaho. The net revenues of the public golf course of the City (gross revenues minus normal expenses of maintenance and operation) will be pledged for the payment of principal of and interest and redemption premiums, if any, on said revenue bonds. Said bonds shall not be a debt of the City within the meaning of any State constitutional provision or statutory limitation, nor a charge against the general credit or taxing powers of the City, and the City shall not be liable therefor, nor shall said bonds.or the interest thereon be payable out of any funds other than the revenues of the public golf course specified above. section 13: OFFICERS AUTHORIZED The officers of the City are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Ordinance. Section 14: RATIFICATION Ail action heretofore taken, not inconsistent with the provisions of this Ordihance, by the Mayor and Council directed toward construction and installation of the Project and the issuance of revenue bonds of the City therefor, and for the holding of a special municipal bond election, is hereby ratified, approved, and confirmed. Section 15: PUBLICATION This Ordinance, or a summary thereof in compliance with Section 50-901A, Idaho Code, shall be published once in the official newspaper of the City, and shall take effect immediately upon its passage, approval, and publication. DATED this 13th day of April, 1989. CITY OF MCCALL Valley County, Idaho ATTEST:  ity Clerk (SEAL) CITY OF MCCALL Valley County, Idaho NOTICE OF SPECIAL ~OND ELECTION NOTICE IS HEREBY GIVEN that pursuant to ordinance No. 545, adopted on April 13, 1989, of the City of McCall, of Valley county, Idaho, a Special Bond Election will be held in said City on TUESDAY, JUNE 6, 1989 between the hours of 8:00 o'clock A.M. and 8:00 o'clock P.M., for the purpose of voting upon the question and proposition of issuing revenue bonds in the principal amount of not more than $450,000 for the purpose of providing funds to pay the cost of constr~ction and installation of improvements and betterments to the City's public golf course, consisting generally of the construction and equipping of a new golf course caddy house, cart storage facilities, landscaping, and relateH golf course improvements and costs incidental thereto, pursuant to the provisions of said ordinance, which ordinance is hereby referred to for further particulars, and which by reference is made a part of this Notice. The question to be submitted to the electors shall be by ballot reading substantially as follows: SHALL THE CITY OF MCCALL ISSUE AND SELL ITS REVENUE BONDS IN THE PRINCIPAL AMOUNT OF NOT MORE THAN $450,000 TO PAY THE COSTS OF IMPROVEMENTS TO THE CITY'S PUBLIC GOLF COURSE, SAID BONDS TO MATURE OVER A PERIOD WHICH MAY BE LESS THAN BUT WHICH SHALL NOT EXCEED TWENTY (20) YEARS AND TO BE PAYABLE SOLELY FROM THE REVENUES OF THE PUBLIC GOLF COURSE, ALL AS MORE FULLY PROVIDED IN ORDINANCE NO. 545, ADOPTED ON APRIL 13, 19897 IN FAVOR OF issuing revenue bonds for the purposes provided by ordinance No. 545 .... [Z] AGAINST the issuance of revenue bonds for the purposes provided by ordinance No. 545 · · INSTRUCTIONS TO VOTERS: To vote on the foregoing proposition, the voter must make a (X) in the space to the right of the words "IN FAVOR OF issuing revenue bonds for the purposes provided by ordinance No. 545" or "AGAINST the issuance of revenue bonds for the purposes provided by Ordinance No. 545" according the way you desire to vote on the question. Ail marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you, by mistake or accident, mark, tear, deface, or otherwise mutilate this ballot, return it to the election Judge and obtain another ballot. The following information is required by Section 34-440, Idaho Code: The interest rate anticipated on the proposed bonds is %. The range of anticipated rates is from five percent (5.0%) to twelve percent (12.0%). The total amount to be repaid over the life of the proposed bonds, based on the anticipated interest rate, is estimated to be $ . Qualified electors shall vote at the following polling places: American Legion Meeting Room McCall City Hall Basement 216 Park Street McCall, Idaho At said special election, only qualified and registered electors, eighteen (18) years of age or older, who are bona fide residents of the City of McCall, and no others, will be permitted to vote at said special election. No person so qualified and offering to vote at the polling place at which he or she is entitled to vote will be denied the privilege of voting at said special election. Qualified electors who, because of illness or expected absence from the City of McCall on the date of election, will be unable to vote at the polling place at which he or she is entitled to vote on the day of election, may obtain absentee ballots from the city Clerk of the City of McCall. The McCall City Clerk is Registrar of the City of McCall, and the place of registration is the office of said city Clerk at city Hall, McCall, Idaho. Persons may register on each day at any time during the office hours of the City Clerk until June 2, 1989, on which date the office of the city Clerk will remain open until 8:00 o'clock P.M. No qualified elector who was duly registered as a voter, and who continues to reside at the same address or within the same precinct in which he or she is registered, and has voted in at least one general City election in the past four years, shall be required to re-register. Polls will be opened at the hour.of 8:00 o'clock A.M. on Tuesday, June 6, 1989, and shall remain open continuously until the hour of 8:00 o'clock P.M., at which time the polls will be closed. Each elector shall vote at the polling place provided above. Voting at said election shall be by ballot, and the ballot to be supplied the voters for their use at said election shall be in the form provided by law. If, at said election, two-thirds (2/3) of the qualified electors voting upon said ballot question assent to the issuance of said bonds for the purposes set forth in Ordinance No. 545, the revenue bonds of the C~ity of McCall will be issued for said purposes, which bonds, or so much thereof as may be necessary, will mature annually, or at such lesser interval as may be prescribed by the ordinance authorizing the issuance of the bonds, over a period which may be less than but which shall not exceed twenty (20) years, and will bear interest at such rate or rates as shall be prescribed in the ordinance authorizing the issuance of the bonds. The principal of and interest on said bonds shall be payable solely out of and derived from rates and charges for the use of and the services rendered by, and all other income, earnings, and revenues of the public golf course of the City of McCall. ' DATED this 13th day of April, 1989. CITY OF MCCALL Valley County, Idaho ATTEST: -~v ~ jity Clerk E. Resolution 4-89, a summary of Ordinance 545 was presented. Wallace moved to adopt Resolution 4-89, which was seconded by Moltke and on a roll call, Wallace, Moltke, McCarty and Van Komen voted AYE. The motion carried. G. Resolution 6-89, engaging bond counsel for the Golf Course Revenue bond was presented. Moltke moved to adopt Resolution 6-89, Van Komen seconded. On a roll call, Moltke, Van Komen, McCarty, and Wallace voted AYE. The motion carried. H. .Interpretative Si~n, Rotary Park: The Idaho Department of Transportation is signing "Scenic Attractions" and wants to identify Rotary Park as a view of Payette Lake. A motion by Van Komen, seconded by McCarty authorized such a sign at the park. The motion carried on a voice vote. OTHER ITEMS OF NEW BUSINESS: Councilman Van Komen introduced three items of concern: 1. Filing form 843, a rebate on gas taxes. 2. A report on annexation of Rio Vista was requested for the first meeting in May. The Mayor so ordered. 3. A change in the next regular meeting date was requested. Council responded by requesting rescheduling the April 27 meeting to Thursday April 20. BOARD, COMMITTEE AND COMMISSION REPORTS REQUIRING ACTION A. Golf Course Advisory Committee Minutes of March 14, 1989: The committee recommended adoption of John Drips Marketing. Plan for 1989. A motion by Moltke, seconded by McCarty to approve the 1989 Golf Marketing Plan carried. The Committee recommended a contract amendment for A. W. Laidlaw, architect, to prepare plans and specifications for rehabilitation of Hole No. 3. Moltke moved to approve the contract amendment and authorize the Mayor to sign. Seconded by Van Komen and carried. Action to direct installation of a grill duct fire extinguishing system was reviewed. Van Komen moved and McCarty seconded to approve that installation ensuring that it can be used in a new clubhouse facility. The motion carried. B. Airport Advisory Committee Minutes of April 5, 1989: The Committee recommends that staff time be allocated to call upon commuter airlines to advise them of developments at the airport. Moltke moved to assign staff to undertake this activity, seconded by Wallace, the motion carried. C. & D. City and Impact Plannin8 and Zonin8 Commissions, Letters of April 10, 1989: Discussion of the Mill Restaurant parking included discussion of the authority of the Chair to undertake enforcement action, the understanding of commissioners of their duties, and the progress of the zoning code merger. The request for an updated map was also considered and staff argued that the existing map confused uses a~d zones, that updating was an outcome of the planning process, not an initial one, and discouraged t he expenditure of funds for this. The council requested a discussion with the Chairmen at a future meeting. The parking issue was referred to the Police Chief, who was to consult with the Idaho Transportation Department regarding a policy of allowing head-in parking off of the State Highway. XI. CORRESPONDENCE The following matters were noted: 1. A letter from Phil Choate, Ida-Ore, regarding an economic development task force for Valley County to Commissioner Olsen. Mayor Allen reported on a subsequent meeting resulting from the letter. 2. Second Century Tree Program: The city had not been selected and based on available tree stock (most recommended for planting up to 4000' elevation), future application was discouraged. 3. Idaho Department of Transportation: A letter from Mary Detmar outlining the Board's responses to snowmobile and bypass concerns was noted. Attendance by City representatives at the May and June Board meetings was advised. XII. INFORMATION ITEMS The following items were noted: 1. A1C Action Bulletins Nos. 9, 10, 11 2. "The Master Skier" - Article by Hugh Cooke 3. Summer Recreation - Youth Schedule (tenative) 4. Adult Softball Tournament Schedule (tenative) 5. National Library Week XIII.ADJOURNMENT At 10:51 PM, without further business, Moltke moved and Wallace seconded adjournment. The motion carried. Mayor ATTEST: McCALL CITY COUNCIL MINUTES April 20, 1989 Call to Order and Roll Call: Mayor Allen called the meeting to order at 7:00 p.m. Councilmen McCarty, VanKomen and Wallace answered the roll call. Mr. Moltke was absent. Minutes: Minutes of the April 13th meeting were not available. 111. Pavement o£ Claims: Mr. McCarty moved to have the claims paid as presented. Seconded by Mr. Wallace and the motion carried. IV. Consent Calendar: The Mayor, without objection, ordered the Golf Course Advisory Con~ittee minutes of April 14 and the City Planing and Zoning Committee minutes of April 18th filed. Staff Reports: City Administrator's Report: The Administrator reported on the following miscellaneous items: joint voter registration, golf clubhouse, grill duct fire extinguisher, Rotary Park interpretive sign, and annexation. The Administrator requested that Yvonne Ertter be appointed a deputy registrar. Mr. Wallace moved to approve the nomination, Mr. VanKomen seconded, and the motion carried. The Administrator asked for direction on the procedure for considering the proposed amended and combined zoning ordinance. A motion by Mr. VanKomen, seconded by Mr. Wallace to direct the matter to both planning con~issions and request that they complete their review and be prepared to recommend to the council on the matter by the first council meeting in July carried on a voice vote. The Administrator asked that the Vycital hearing be rescheduled from April 27th to May llth at 7:30 p.m. A motion to continue and reschedule as requested was made by Mr. Wallace, seconded by Mr. McCarty and carried. The Administrator advised that the city's insurance package expires on May 10th. The next meeting will be May llth. A motion by Mr. McCart¥, seconded by Mr. Wallace to request the carrier to extend current coverage until it can be reviewed on May 11 by the council, carried. The Fire Chief's response to hazardous material incidents outside of the city and fire association boundaries was discussed. The Association has requested that if the Chief or rural equipment are used outside of the district, the County provide insurance coverage, assistance with training assistants, and assistance in maintaining an inventory of hazardous material clean-up supplies. After discussion, the council determined to request reimbursement of labor costs for non-city responses and to clarify priorities, i.e., that Chief Points' first obligation is to fire suppression. If conflicting demands required, the city must demand first response to it's emergency. Council asked Mayor Allen to direct staff to correspond with the Commission on this matter and it was so ordered. City Attorney's Report: The City Attorney read Ordinance 543, relating to sno~nobiles for the third time by title. Mr. VanKomen moved to adopt Ordinance 543, and Mr. McCarty seconded. On a roll call Mssrs. VanKomen, McCarty and Wallace voted "aye" and the motion carried. 9.5 AN ORDINANCE RELATING TO THE O!q~RA'I'ION OF SNOW- .~'IOBILES; A~IENDING SECTION 5-7-5 OF THE VIL~GE CODE OF ~cCALL, IDAHO, TO PROVIDE THAT A SNOWMOBILE OPER- ATOR MUST HAVE A VALID IDAHO MOTOR VEIiICLE OR CI{AUFFER'S LICENSE, TO PROVIDE THAT OPEPA.TION OF A ~;~OW~'~OBILE IS PROHIBITED EXCEPT UPON CERTAIN STREETS A~D WAYf~, TO PROVIDE TIIAT SNOWMOBILE OPE~T~RS SHAI,L ~J".'O}~ AT ALL STREET INTERSECTIONS EXCEPT WItEN TP~VEL- LING IN DESIGNATED AND ~RKED ACCESS ROUTES, AND TO PROVIDE THAT PlO SNOWMOBILE SHALL BE OPE~%.TED IN EXCESS OF TWENTY FIVE MILES PER HOUR; AND A~IENDING CHAPTER 7 OF TITLE V OF THE VILLAGE CODE OF t~cCALL, IDA}TO, BY THE ADDITION OF A NEW SECTION 5-7-5A OF THE ~ILLAC, E CODE OF t~cCALL, IDAttO, TO PROVIDE THAT TIlE CHIEF OF ~?OLICE OF THE CITY OF McCALL SHALL IIAVE THE POWER TO PEO~IULGATE TI~FFIC RULES AND REGUI~XTIONS FOR THE OPE~TION OF SNOWMOBILES UPON TIlE STREETS, ALLEYS tND PUBLIC WAYS OF THE CITY, TO PROVIDE POSTING OF EULES AND REGULATIONS AND TO PEOVIDE PENALTIES FOR VIOLATION OF SUCH RULES AND REGULATIONS. BE IT ORDAINED BY THE ~YOR AND COUNCIL OF TIiE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. That Section 5-7-5 of the Villaqe Code of [.~cCall, Idaho, be, and the same is hereby amended to read as fol lows: 5-7-5: REGULATIONS FOR OPE~TION OF SNOW[~OBILES: (Ap It shall be unlawful to drive, operate or park a :.:~(~u.~,)bi]e on any sidewalk in the Citl,. (BP It shall be unlawful to o;)erate or park a sno%.~mobile ~'.~ a:~y ~)ortion of the ~remises kno%.;n as the .~!cCall Colf Course. (C) It shall be unlawful to drive or operate a snowmobile · :ith/n any oosted hospital zone in the City. " (Dp It shall be unlawful to o[?erate a sno%.nnobile in vio- lation of any motor vehicle traffic ordinance of the City of (E) No snowmobile shall carry passengers or weiohts in excess of the ca?acity reco~ended by the manufacturer thereof. (F) No sled, toboggan, trailer or any other device shall be towed by a sno~obile except by means of rigid tow bar connecting the same to such device. (G) ~'~o person on skis shall be towed behind a sno~-nnobile. (Il) It shall be unlawful to drive or operate a snowmobile '..,.bile under the influence of intoxicating liquor. (I) All snowmobiles shall be o,oerated only in sincle file (-.~ the extreme right hand side of the street. (j) Operation of snowmobiles on the streets of the City shall be limited to ingress and egress to and from the City; tl~at City streets are not to be ised as a place of recreation for sno~]obiles. (t<) No snowmobile shall be operated within, the City limits after ten o'clock (10:00) P.M. except for the purpose of qoinc ,Jirectly to or from the place of residence of the operator of such snowmobile or to its place of storage. (L) No person shall operate a snowmobile carelessly and heedlessly, or without due caution and circumspection and at a speed or in a manner as to endanger or be likely to endanger any person or property. (~) No person 'shall operate a snowmobile on any oublic stree[-~ way in the City of I4cCall unless the person has a valid licens~ as an operator or chauffer of a motor vehicle as provided' ln--~ection 49-301, Idaho Code. (N) No person shall operate a snowmobile upon any oublic ~;treet or way' in the City of McCall exceot as fo'ilows: 1. Upon a street or way posted and marked by the City as an ;.~cces's route to provide incress to and e~ress from the City. 2. Upon a street or public way orovidinq the most direct route to an access route from the point of origin of the oper /[{:'l'~]~ a snowm~le. "point of ~riq~' is hereby def~d .:,[~'t~[~, [~c[u~ ~-[~ce where the ooeratio~% of such snowmobile (O) Except an a posted and marked access route, the ooerator of a ~nowmobile shall bring the snowmobile to a csmolete sto~ at each and every street intersection whel'her ~r '~ot such street intersectio~ is posted with a sto~ s~.qn. (P) No oerson shall ooerate a snowmobile at any speed in excess of twenty five (2~) miles Der hour. Section 2. That chapter 7 of Title V of the Villaoe Code of ~cCall, Idal{o, be, and the same is hereby amended by the addition thereto of a ~E.~ ~ECTION, to be known and desiqnated Section 5-7-5A, and 'to read as follows: 5-7-5A: TRAFFIC RULES AND REGULATIONS: The Chief Police of the City shall have the power to promulgate ' :-affic rules and regulations for the operation of snowmobiles ~:~<~ all streets, alleys and public ways within the corporate ! ~it~; of the City as follows: (;~) Designate by proper signs highways and streets or thereof as access routes upon which snowmobiles may be ~q~<~rated to gain eqress from and inqress to the City of ~cCall. (B) The Chief of Police of said City shall have the fur- ~,!~er po~.~er to promulgate any other snowmobile traffic rules that · ~a,~, be ~dvantageous and desirable; provided, no rules promul- :atec~ ~s herein stated by said Chief of Police shall become ~:>~:~ative unless a copy of said rules shall have been first filed with the Clerk in writing and shall have been approved i.i~, the City Council at a reqular or special session, and ,>~-ovided also that suitable signs or standards or guides ~3iating the substance of the rule are placed upon conspicuous ~]aces in the highway, street or part thereof affected. Such ~[qns or standards or guides shall be of sufficient size to be clearly visible to operators of snow mobiles. It shall be unlawful to violate any such regulations as above provided and any person convicted of a violation thereof ~3hall be punished as orovided in Section 5-6-6 of this chapter. Passed and approved this ~day of February, 1989. ~- vj] t y/COl e r r, : C. City Treasurer's Report: The Treasurer outlined a report on alternate water and sewer billing procedures. After discussion, it was returned to staff for further research. Vi. Old Business: Ao Water Rate Review: Staff requested more time to research the questions posed at last weeks meeting. The matter was scheduled for the June 22, 1989 council agenda. - 1989 Airport Improvement Project, Plans and Specifications, Call for Bids: The engineers have prepared the plans and specifications and the City Attorney has reviewed and recommended certain changes. A motion by Mr. McCarty to approve the plans and specifications and authorize a call for bids was seconded by Mr. VanKomen and carried on a voice vote. Discussion with Planning and Zoning Chairman: The Administrator failed to invite the Chairman to this meeting and the council asked that the discussion be scheduled for May llth. The Mayor so ordered. VII. New Business: Ao V.S.P. Contract: The contract had not arrived as had been promised and could not be considered. 1989 Dust Oil Bids: A request by staff to approve plans and specifications and call for bids was discussed. Council asked that the Public Works Director consider canceling this request and using the funds for additional cold mix asphalt. A motion was made by Mr. VanKomen to approve this action, Mr. Wallace s~conded, the motion carried. Correspondence: A. A letter from Impact Planning and Zoning Chairman Julie Eddins was noted. 2? A letter from Park and Recreation Chairman Williamson regarding promotion of the bond issues was discussed. In response, the council set a May 4, 1989 7:00 p.m. meeting to discuss strategy for a promotional effort for the bond election. Chamber of Con~erce, Park and Recreation and Golf Advisory Committees and Transportation Con~ittee representatives are to be invited. ] X. Adjournment: Without further business, Mr. Wallace moved to adjourn at 8:24 p.m., Mr. VanKomen seconded and the motion carried. this //7~ay of May, 1989 Llcrk May6~r~ McCALL CITY COUNCIL MINUTES May 11, 1989 Il. Ili. IV. Vo Call to Order and Roll Call: Mayor Allen called the meeting to order at 7:00 p.m. Councilmen McCarty, VanKomen, Wallace and Moltke answered the roll call. Minutes of April 20, 1989: After review and without objection the Mayor ordered the minutes of April 20, 1989 approved for filing. Payment of Claims: A motion by McCarty, seconded by Moltke to pay prepaid claims dated April 28th and pending cb ims dated May 8th was approved unanimously. Consent Calendar: The minutes of April 13th were corrected, and, without further objection, ordered filed as amended by the Mayor. Mayor and Council Comments: Councilman Wallace requested additional traffic enforcement on Mather Road where speed is becoming a problem. Mayor Allen reported on the May 2nd bond promotion meeting and advised that Kathy Killen was leading the promotion effort. Staff Reports: City Administrator's Report: The Administrator reported on Planning and Zoning staff changes and the need to amend the Muir Lake access easement. On a motion by Mr. McCarty, seconded by Mr. VanKomen, and unanimously approved, Julie Eddins was appointed Election Judge and Emily Whitman, Sharon Wolfe, Aleen Pierce and Margaret Fogg as Clerks for the June 6, 1989 special bond elections. Mr. McCarty moved to issue the golf course beer and wine liquor license to John Drips. Mr. VanKomen seconded and the motion carried. Mr. Wallace moved to use the dust oiling appropriation for cold mix asphalt for Forest, Cross and Gamble Streets to the extent funds are available. The motion was seconded by Mr. VanKomen and the motion carried unanimously. Mr. McCarty moved to approve Addendum No. 2 to the airport runway rehabilitation plans and specifications. Mr. Moltke seconded and the motion carried. B. City Attorney's Report: 1. Ordinance 547 adopting minimum standards for commercial activity at the McCall Airport. The City Attorney read the ordinance by title for its first reading and Mayor Allen ordered it scheduled for a second reading on the next regular agenda. 2. Ordinance 548 adopting park rules. Mr. McCarty moved to suspend the rule requiring an ordinance be read on three separate occasions. Mr. Wallace seconded and on a roll call vote, McCarty, VanKomen, Wallace and Moltke voted "Aye". Mr. Moltke moved to adopt Ordinanc~ No. 548, McCarty seconded and on a roll call vote McCarty, Moltke, VanKomen and Wallace voted "Aye". .29 ORDINANCE NO. ~ A?] ORDINANCE RELATING TO PUBLIC WAYS AND PROPERTY; A~:ENDING TITLE VIII OF THF VILLAGE CODE OF McCALL, IDAHO, DY THE ADDITION OF A NEW CHAPTER 12 TO PROVIDE PULES AND REGULATIONS FOR THE USE AND OCCUPANCY OF [%cCALL CITY PARKS AND PARK FACILITIES, PROVIDING 9EI~INITIONS, PROVIDING THAT THE CITY IS NOT LIABLE FOR ?[{}~FT OF PROPERTY OR D~,~GES TO PARK USERS, DEFINING U~LAWFUL ACTS, DEFINII.IG PRO~IBITED USES, PROHIBITING "?KING OF NOISE OVER A DEFI[IED DECIBAL LEVEL, PROVIDING W?,'?ER AND WATER C~FT REGULATIONS, PROVIDING PARK OPER- ,;~'?IN~ RULES AND HOURS OF USE OF PARKS, PROVIDING FOR ;,DVANCE RESERVATIONS FOR USE OF PARKS, PROVIDING FOR TEilPOP~.RY AND PARTIAL CLOSURE OF PARKS, PROVIDING ~ENALTIES, PROVIDING FOR FII,ING OF CIVIL ACTION TO [~L~COVER D~,~.GES TO PARKS AND PARK FACILITIES AND PROVIDE ~H':;,T ~.~0 PEES SHALL BE REFUNDED TO PERSONS FOUND GUILTY OF VIOLATING ANY PROVISION OF THIS ORDINANCE. BE iT ORDAINED BY THE ~YOR AND COUNCIL OF THE CITY o? ~cCALL, IDAHO, AS FOLLOWS: ~ection 1. That Title VIII of the Village Code of ~'lcCall, ~dah(3', ~e, and the same is hereby amended by the addition thereto ~f a :~['.%,: CH~.~TER, to be known and designated as ChaPter 12 of ?[tle' VIII of the Villaqe Code of ~cCall, Id. aho, and to read as ~-~ 1 lo~: ~-12-1: DEFINITIONS: As used in this ordinance, the terms defined in this section shall have the followin~ meaning, unless the context clearly indicates another meaning: [~A[%KS means any and all land owned, leased, controlled or ~+.tintakncd by the City of McCall for public recreational our- ?uses, including beaches, docks, wharves, piers, and open land ilHd FACILITIES means any and all restrooms, appurtenant structures, buildings, utility service pipes, poles, or lines, playground equipmbnt, paved areas for vehicle or pedestrian travel or parking, monuments, statuary, bridges, tables, benches, fences, fireplaces or pits, permanent signs and boundary markers, landscaping materials, trees, shrubbery, and flowers. 8-12-2: LIABILITY OF THE CITY: The City of ~IcCall is not respo~sible for damage to, or theft of personal property of park .~nd ?ark facilities users within the boundaries of City Parks or ?~nrk Facilities. All areas and facilities within the parks and beaches boundaries are used at the users own risk. Swiping, ?ark and Playground areas are active sites involvin~ a variety of physical activities that may be physically demanding or po- tentially dangerous to users. The City assumes no responsibility or liability for such use or uses. ~]-12-3: PRESERVATION OF PUBLIC PROPERTY: The followin~ acts a~;c hereby declared to be unlawful: A. Destruction of Public Property. Destruction, injury, deface~nent, removal or disturbance of any park or park facility i~ .~rohibited. i'. Littering Prohibited. 1. It is unlawful for any person to dis;[~se of, throw away, or leave any empty container or other ] i trot on any public park, grounds, or beaches within the city; ~orovided, however, that such empty container or other litter may be def~osited in receptacles provided especially for that purpose. 2. No person shall scatter or throw, distribute or affix upon any public park or beach or public property or on utility ~oole or standard or in or on any vehicle while parked on such public property, any handbill, poster, advertisement flyer, litter or paper. The provisions of this section do not interfere or prevent the postin~ of notices required by law to be posted. C. Digcinq. Digging holes in grassed areas, parking areas or landscaped areas is prohibited. D. Disposal of Household Garbage in Publically Provided Containers Prohibited. Disposing of household garbage or refuse in containers located in public parks is prohibited. E. Fires. The use of fires is hereby restricted to fire ~oits, orills and other fixtures designed for such use. All fires must be kept under control and must be extinguished before leaving the park or beach. All parks and beaches may be closed by the City Fire Chief to open fires. Open fires on sand beaches are ~rohibited. 8-12-4: PROHIBITED USES: Common activities such as pic- nicing, swiping, walking, and game playing are encouraged in the McCall City Parks. The following uses are prohibited: A. Use of Fireworks: No person shall discharge, fire, use or :oossess fireworks of any kind within or over the boundaries of the ?ark and Beach area, except as authorized under a special use permit issued by the McCall City Council pursuant to Section 5-3-2 of the Vii lage Code of McCall, Idaho. ~. ~lotorized Vehicles: No snowmobile, motorcycle, scooter, automobile, truck, golf cart, or similar recreational motor shall operate in City Parks except on designated road- I~r~x;rly marked and signed for traffic uses, or in Dark .,~-~.~;. Uotorized vehicles shall not be o~3erated on wa[kwnys, sidewalks or bicycle paths between April 15 and 30 of each year. This action does not prohibit the official use of motor- i::ed vehicles or machines by city employees anywhere within the ~arks or beaches. C. Pets and Animals: 1. Domestic Animals: Domestic .~n.~!als are not allowed within the boundaries of city parks or facilities except for animals trained to assist and assist- person with a physical disability. 2. Nildlife: Molesting, injuring, killing or disturbing a~lv wild creature or animal is strictly prohibited. This does not prohibit ~lame fishing as regulated by Idaho Fish and Game r oc!Ll la tJ ohs. I~. Overnight Parking and Camping: Overnight parking and c.m~!,Jnq at the parks and beaches is prohibited. Police are authorized to cite, arrest, or remove from premises any viola- tol-s c)f this provision. E. Political and Sectarian Uses: Persons or groups attempt- in~l to ~ersuade, convert, cajole, or engage in activities common tn political campaigns who solicit the public or interfere with the public's quiet enjoyment of parks and facilities is prohibited. F. Commercial Uses: No person, firm, corporation, associ- ation, or other organiization shall operate any concession, busi- ness, or enterprise, or offer for sale any article or thing or item within city parks or facilities except as authorized by a special use permit issued by the McCall City Council. G. Firearms: No person shall discharge firearms or any other ~rojectile firing device within or over the boundaries of citv parks. Il. Dangerous Games: No person shall take part in or abet the playing of any games involving thrown or otherwise propelled dangerous objects such as stones, arrows or javelins, except in areas set apart for such forms of recreation. Golfing or driving q©] f balls is prohibited. I. Other Prohibited Activities in Parks and Park Facilities: 1. Begging or soliciting for any purpose. 2. Gambling or operating games of chance or gaming devices. 3. Abanaoning property. Posting handbills, circulars, posters, or signs advertising any thing or event. Promoting any thing or event by carrying a sign, distributing brochures, leaflets, phamplets and the like. 8-12-5: NOISE: Production of noise by human voice, live, rccorded, transcribed or transmitted music, exhaust systems of motor vehicles, operation of machinery or equipment in excess of sixty-nwo (62) decibals measured at a distance of twenty (20) feet within any park or park facility is prohibited. ~-12-6: WATER AND WATERCRAFT REGULATIOHS: Fishing, boating and swimming are incompatible activities. ~cCall City Parks are best suited to swimming activities, therefore: A. When uses are contested, rights of swimmers shall be !~ara~nount and other uses shall yield to the needs for safety and preservation of swimming use. B. No watercraft, motorized or otherwise, shall be beached or docked within a city park or at park facilities except at specifically designated and signed locations. C. No watercraft, motorized or otherwise, shall be permitted or operated at any time within the confines of a designated and marked swimming area. D. Watercraft docking at a city wharf or pier shall not be sarked longer than 6 hours during any 12 hour period. E. Waterskiing to or from a city wharf or pier is prohibited. F. Fishing is permitted from city wharves or piers except ~nto designated and marked swimming areas. O. Swimming is permitted from any park or park facility unless specifically prohibited and posted. ~!. Swimming from city parks or facilities shall be at the risk of tile swimmer. No lifequards shall be on duty. 8-12-7: PARK OPERATING RULES: A. Hours of Operation: 1. Rotary Park and Community Park shall be open 24 hours Der day. 2. Nill Park, Art Roberts Park and City-owned lakeshore property between such parks shall close at 12 midnight and shall open at 6:00 a.m. daily. 3. Davis Beach and Fairway Park shall close at ~0:30 p.m. and open at 6:00 a.m. daily. 81¸ ~. Park P, eservations and Closures: 1. ?.eservations: Special prior reservations for exclusive day use of a certain portion of any City Dark may be ~ade with the City Clerk who shall provide forms for such applications. The City may from time to time adopt requlations concerning fees, types of e~Tents, procedures, and additional rules for such uses ~'.~ m~5' be necessary or desirable. 2. Closed Areas: Any section or hart of any ~ark ~?.,~, be cie. elated closed to the public by the City Council or its duly authorized representative at any time and for any interval of time, either temporarily or at regularly and stated intervals (daily or otherwise) and either closed entirely or closed to specifically defined uses.as the City Council or its duly author- ized renresentative shall find reasonably necessary. C. possession, use and consumption of alcoholic beverages are ,~rohibited upon all city harks and park facilities. $-12-8: pEI-~ALTIES: Any person who violates any provision of this Cha~ter shall be guilty of a misdemeanor and upon con- victi,~n thereof shall be punished by a fine not to exceed three hundred dollars ($300.00) or by imprisonment in the County Jail not to e)cceet six (6) months, or by both such fine and imprison- mc; i% t. %'i~e above penalty shall not prevent the City of McCall from filinq a c~vil claim aqainst-a violator to recover for clamato, es to parks and Dark facilities. [,~o fees, deposits, or charqes paid by any user shall be refunde~ if such user is convicted of a violation of any ~ro- vision of this Chapter. ?assed and approved this //"~:' day of May, 1989. VII. City Treasurer's Report: 1. The Treasurer reported on the city's status with Federal fuel taxes. 2. Pursuant to the audit recommendations, a separate checking account is required for the Bond Reserve Fund. The council determined to declare the Bank's resolution, City Resolution No. 11-89. Mr. VanKomen moved to adopt Resolution 11-89, Mr. McCarty seconded and the motion carried. 3. Frank Troyer tax issue: the Treasurer reported that all efforts to collect the unpaid 4% non-property taxes through small claims court were unsuccessful and asked to refer this matter to a collection agency. Mr. VanKomen moved, Mr. Moltke seconded to direct the Treasurer to refer the Troyer matter for collection. The motion carried. 4. April 30th Treasurer's Report: After review, Mr. McCarty moved to approve the report; Mr. Moltke seconded and the motion carried. 5. Billing System Changes: The Treasurer submitted his further analysis of the utility billing system, particularly on the relevant costs of changing the system. No action was taken. The Treasurer was commended for his report and the intent of the Council was to leave the current system in place. Public Hearing: Request for a variance by Richard and Ann Vycital. Mayor Allen opened the hearing which was rescheduled at the request of the applicants and the Department of Lands. Mr. Daffues, representing the Department, read a letter indicating that the issues with the Department of Lands had VII. IX. been resolved. After discussion, the hearing was closed and Mr. Moltke moved to adopt the Findings of Fact and Conclusions of Law as recommended by the Impact Planning and Zoning Commission and to approve the variance as requested. Mr. Wallace seconded and on a voice vote, the motion carried. Old Business: i. Presentation by Planning and Zoning Chairmen: Julie Eddins, Impact Area Planning and Zoning Chairman read a letter from Joe Johnson and also presented her views of problems with the Planning and Zoning process. She placed blame for the problems on the City Administrator. After the presentation, Mr. VanKomen moved, and Mr. McCarty seconded to conduct an executive session pursuant to Idaho Code 67-2345(b), related to evaluation, dismissal, or disciplining of...a public officer. On a roll call vote, VanKomen, McCarty, Moltke and Wallace voted "Aye". The session was scheduled at the end of the regular agenda. 2. Airport Project: a. After discussion, Mr. Wallace moved to approve Addendum No. 1 to the plans and specifications, Mr. VanKomen seconded and the motion carried. b. After discussion of Addendum No. 3 to the Engineering Services Agreement, Mr. Wallace moved approval, Mr. VanKomen seconded and the motion carried. 3. Sewer Projects: a. Close-out of Internal Inspection Project: Rick 0rton reported on the preliminary findings of the TV inspection program. In spite of recording the 4th highest flows since 1984, no houses were flooded, demonstrating the value of the sewer work accomplished in the past five years. A deductive change order lowering the project cost by $212.00 was presented resulting in a final cost of $29,669.82. Mr. Moltke moved, Mr. VanKomen seconded to approve the change order and authorize the final payment. The motion carried b. Art Roberts Park Storm Drain, Work Order: After discussion, a work order and authorization to call for bids was unanimously approved under m motion by Mr. McCarty, seconded by Mr. VanKomen. Curb Painting, McCall Hotel: A letter from Attorney Bill Killen representing the McCall Hotel owners citing state codes prohibiting parking within intersections and near crosswalks w~s discussed. Mr. Moltke moved to direct staff to paint the curb to prohibit parking on the 3rd St. side of the McCall Hotel. It was seconded by Mr. McCarty. On a voice vote for the motion, Councilmen Moltke, Wallace and McCarty voted for the motion and Mr. VanKomen voted against the motion. New Business: A. Dock Extension, McCall Mall: Scott Findlay requested the City's approval of his request to the Department of Lands to extend his dock. The City is an adjacent land owner. A motion by Mr. VanKomen, seconded by Mr. Wallace to approve the application carried on a voice vote. B. Vision Services Plan Contract: After review, Mr. McCarty moved and Mr. Wallace seconded to approve the plan but amend the period to one year. The motion carried. Mo XI. XII. C. Mid Year Budget Report: The Administrator presente~ the mid year report noting that a budget amendment would be required to effect auditor's recommendations and the FAA grant award. No action was taken. D. City Insurance Program: Bill Kirk reviewed the city's insurance program and coverage alternatives. A motion by Mr. VanKomen, seconded by Mr. McCarty to renew the program with all current deductibles carried on a roll call vote with Councilmen VanKomen, McCarty, Moltke and Wallace voting "Aye". E. Request for use of City Property: Attorney Udell asked to place a dish antenna on top of the old jail beside his building. With the concurrence of the council, the Mayor instructed staff to advise Mr. Udell that such a temporary use was permissible. F. Request for Hearing; Water Bill of Mike D'Angelo: Without objection, Mayor Allen set a hearing for May 25, 1989 on the regular agenda. Board, Committee and Commission Reports: A. Golf Committee, April 14, 1989: The council referred the recommendations of the committee regarding codification of certain rules pertaining specifically to the golf course to the City Attorney for preparation of an Ordinance. B. Airport Advisory Committee, May 3, 1989: These minutes contained no action and were accepted for filing. C. Planning and Zoning Commission: Recommendation on a request for a Special Use Permit for Walt and Gloria Nourse. The Council received the Findings of Fact and Conclusions of Law, noted an amendment for a foundation permit only and with the correction, Mr. Wallace moved to adopt the Commission's findings as those of the Council. Mr. VanKomen seconded and on a voice vote, Councilmen McCarty, VanKomen, and Wallace voted "Aye" with Mr. Moltke abstaining. Correspondence: The following correspondence was acknowledged: A. Letter from Idaho State Insurance Commission. B. Letter requesting Ms. Eddins and Mr. McFadden to attend the Council meeting of May 11, 1989. C. Letter to Commissioner re: hazardous materials response. D. Letter of resignation from Louis McFadden. Information Items: The following information items were acknowledged: A. Letter from IDOT re: SH-16 project. B. Letter from Idaho State Insurance Fund. C. Letter from FEMA. D. Action Bulletin #12. E. Memo re: Medley Sports Account. F. Workshop notice. The Medley Sports item was further discussed. Without Mr. VanKomen's interest in the business, the city could assist in construction of a berm to assist in landscaping, but primarily for reducing traffic access into the intersection. Mr. Wallace moved to permit city crews to remove asphalt, haul and provide fill material to assist in accomplishing this project in cooperation with the businesses which jointly own the parking lot. Seconded by Mr. VanKomen and carried. The City Attorney inquired about surveying the new city shop land. A motion by Mr. Wallace died for lack of a second and the agenda moved. The Council adjourned to Executive Session as previously authorized. '- They returned to open session at 10:45 p.m. announced that no conclusions were reached. Mayor Allen Mr. VanKomen moved to create a full-time Mayor and eliminate the City Administrator position. Mr. Wallace seconded the motion. After discussion, Mr. Wallace withdrew his second and the motion died. Mr. VanKomen requested that the City Attorney report on the legalities of returning to a full-time Mayor. Mr. Moltke moved to adjourn, Mr. carried. Mayor~ VanKomen seconded and the motion ATTEST: ARTHURclerk J ~SCHMID~ CITY COUNCIL MINUTES May 25, 1989 I. Call to Order and Roll Call: Mayor Allen called the meeting to Order at 7:00 p.m. Councilmen McCarty, VanKomen, and Moltke answered the roll. Mr. Wallace was absent. The Mayor declared that a quorum was present. II. Minutes of May 11, 1989: These minutes were not available and will be considered on June 8, 1989. III. Payment of Claims: A list of claims dated May 19th was reviewed. Mr. Moltke moved to pay the claims as presented. Mr. VanKomen seconded and the motion carried. An insurance claim by the Nazarene Church suffered from a sewer back-up following the Gamble sewer replacement project was reviewed. moved to pay the $164.75 claim directly. seconded and the motion carried. for damage Forest and Mr. McCarty Mr. Moltke IV. Consent Calendar: The Library Board minutes, without objection, were ordered for filing by the Mayor. Mayor and Council Comments: Councilman McCarty asked for further discussion of Planning and Zoning Commission issues. After discussion the Council asked that staff prepare a mission statement and a procedures manual to aid in clarifying some of the matters in question. Mayor Allen reported on promotional efforts underway on the bond issues. VI. Staff Reports: City Administrator's Report: The report included a report from Mr. Wallace saying that he would be absent on June 8th, AIC conference registration information, activity on the Highway 55 Bypass, the Administrator's absence for vacation, delay of the annexation report to June 22, requests for Council projects for the FY 1989090 Budget, activity on the Planning Proposals, and announcements of a meeting with Empire Airlines regarding commuter service to McCall. Nourse Special Use Permit: A clerical error was noted omitting a condition agreed to by the Commission. After discussion, Mr. McCarty moved to include the requirement on the Special Use Permit that the tax status of the mobile home be converted to real property status and request the City Attorney to prepare documents necessary to this end. The motion was seconded by Mr. VanKomen and .carried. McCall Hotel Beer and Wine License: Mr. VanKomen moved to approve the beer and wine license application, Mr. McCarty seconded and the motion carried. B. City Treasurer's Report: 1. Audit Selection: Mr. Henderson inquired how the Council wished to select auditors from the responses to ~he Requests for Proposals. He was given direction and will confer with a Council Subcommittee which will report a recommendation back to the full council. 2. Cheney Water Bill Hearing: Mr. Cheney presented his protest of certain past water charges. A tenant had left Mr. Cheney's rental without payment. Mr. VanKomen moved to allow a 90 day forgiveness due to the inherent procedural delays the city's shut-off policies as has been given to banks in the case of bankruptcies. Interest and penalties for the 90 days are also forgiven. The motion was seconded by Mr. McCarty and two "Aye" votes and one abstention are recorded. The Mayor declared the motion passed. C. City Attorney's Report: 1. Ordinance 547: The Ordinance was read for its second reading and ordered filed for a third reading on June 8th. 2, Ordinance 549: The Ordinance was read for a first time in its entirety and ordered filed for a second reading on June 8th. VII. Old Business: Airport Project: Chuck Sundby of Toothman-Orton Engineering reported that one bid was received from Central Paving. After discussion, a motion by Mr. Moltke, seconded by Mr. VanKomen to amend the FAA Grant Application, to issue a Notice of Award, and to direct the City Attorney to prepare a resolution addressing the bid, negotiation and contract award,.and to authorize the Mayor to sign relevant documents was seconded by Mr. VanKomen and carried. Gem Cities Program: A letter from the Gem City Program was noted and after discussion, Mr. VanKomen moved to expand the grant application....~.~jnclude Valley County and its other cities. The motion was seconded by Mr. McCarty and carried. XIII.New Business; Agent-of-Record, Health Insurance: Kermit Peterson appeared and requested to be authorized as the agent of record for the city's health insurance program. After discussion, Mr. VanKomen moved to appoint Kermit Peterson as agent-of-record effective June 1, 1989. Mr. McCarty seconded and the motion carried unanimously. Mr. Vat, omen moved to notify the carriers, Mr. Clements, and authorize the Mayor to sign relevant documents to execute the change. Seconded by Mr. McCarty and carried. IX. Board, Committee and Commission Minutes Requirin~ Action: Airport Committee of May 10, 1989: The minutes were reviewed and accepted for filing. A recommendation by the committee to expand the Pioneer Aviation Lease with the conditions outlined by the committee was approved on a motion by Mr. VanKomen, seconded by Mr. Moltke and carried. City Planning and Zoning Commission of May 2, 1989: The minutes were accepted for filing. A set of Findings of Fact and Conclusions of Law related to a request for a variance to the permitted sign surface by Shaver's were reviewed. A motion to Mr. Moltke to adopt the Findings of Fact and Conclusions of Law of the Commission dated May 12, 1989, was seconded by Mr. McCarty and carried unanimously. Correspondence: A letter from Diane Graves was received. The Mayor was asked to respond and forward copies to the County Commission. A letter from Richard Smith regarding certain matters at the Pebble Beach Trailer Park was also noted. XI. Information Items: The following information items were received: A. Action Bulletin #13, AIC. B. Personnel ManUals. C. Sample Ballots, June 6th Bond Elections. J~JH~ J. ALL E~N~ ~) May~r ~ ATTES~T: /~ ·-~ ARTHUR J./SCHMIDT Clerk ~ CITY COUNCIL MINUTES June 8, 1989 Call to Order and Roll Call: Mayor Allen called the meeting to order at 7:00 p.m. Councilmen McCarty, vanKomen and Moltke answered the roll call. Mr. Wallace was excused. II. Minutes of May 11, 1989: The record and vote were not recorded on the matter of street paving priorities.~ Council asked that the tape and notes be reviewed and the action recorded, if taken. If no action was taken, further action could be taken to confirm it. Mr. VanKomen moved to approve the minutes as amended, Mr. McCarty seconded and the motion carried. III. Payment of Claims: After discussion, Mr. Moltke moved to pay the prepaid bills on the list dated May 30, 1989 and the pending bills listed dated June 5, 1989. Mr. McCarty seconded and the motion carried. IV. Consent Calendar: A catering permit was approved on a motion by Mr. Moltke, seconded by Mr. McCarty and the motion carried. V. Staff Reports: 1. Treasurer's Report: A. ~Vacation leave accrual policy: Clarification was requested of the intent of the Council action setting maximum accumulation of vacation. A motion was made by Mr. VanKomen and seconded by Mr. McCarty to permit an employee to accumulate a maximum of two years' accrued vacation time. B. Postage meter: The Council was informed that the staff was evaluating a postage meter on a ninety day no obligation basis. C. The Council noted the Treasurer's financial report as of May 31, 1989 without comment. D. The Council passed Resolution 12-89 establishing an account with Edward D. Jones & Co. on a motion by Mr. VanKomen which was seconded ?y Mr.. McCarty. The .motion carried. RESOLUTION NO. 12-89 ~ A RESOLUTION OF THE CITY OF McCALL, IDAHO, APPROVING THE ESTABLISHMENT OF A HUNICIPAL ACCOUNT WITH EDWARD D. JONES AND COHPA~Y AND APPROVING N CUSTO~R'S AGREEMENT WITH EDWARD D. JONES AND COMPANY. WHEREAS, the Mayor and City Council of th Cit~' of McCall, Valley County, Idaho, have duly considered the Customer's Agreement of Edward D. Jones and Company, and WHEREAS, the City is authorized by Title 50 Idaho Code Section . 1013 to invest city funds. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF McCALL, ID~O, AS FOLLOWS~ Section 1: That the Customer's Agreement with Edward D. Jones and Company, and the opening of an account with Edward D. Jones and Company'are hereby approved and adopted. Section 2: This Resolution shall take effect and be in force from and after its passage and approval. DATED this day of June, 1989. CITY OF McCALL Valley County, Idaho ATTEST: ~ f City Clerk /' (SF-~) e City Adm~nistrator's Report: ~ A[ Canvas of Votes, June 6,. 1989 Special Bond Elections: Julia Eddins, Election Judge presented the results of the General ObligatiOn Bond Election (Parks Issue) and the Revenue Bond Election (Golf Clubhouse Issue), presenting the tally book and the poll book for review. The resUlts of the election on the proposition of.whether or not the City of McCall, Idaho should issue its general pbligation bonds in the amount of $1,100,000.00 for the purposes stated in Ordinance no. 544 (adopted April 13, 1989) are as follows: Total votes Cast: 475 Votes For: 318 Votes Against: 157 . 4 ballots were not counted for any purpose in the above tally pursuant, to Idaho Code 50-465. The results of the election on the proposition of whether or not the City of McCall, Idaho should issue Revenue Bonds in the amount of $450,000.00 for the purposes stated in Ordinance No. 545 (adopted Apr%l 13, 1989) are as follows: Total Votes Cast: 478 Votes For: 353 Votes Against: 125 1 ballot was not counted for arty purpose in the above tally pursuant to Idaho Code 50-465. Resolution 13-89 was introduced which canvases the election results on Ordinance 544, t.he Park General Obligation Bond, and declares the ~easure passed by the required 2/3 majority. Mr. VanKomen moved adoption of Resolution 13-89, Mr. Moltke seconded and on a roll call: vote, Councilmen yanKomen, McCarty and Moltke voted "Aye" and the motion carried. A RESOLUTION OF THE CITY COLrNCIL OF ~"~E CITY OF MCCALL, OF VALLEY COUNTY, IDARO, CANVASSING THE i~E%~JRNS ARD DECL~ING THE RESULTS OF THE SPECIAL BOND ELECTION HELD ON J~E 6, 1989, FOR ~"~E PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY THE QUESTION OF THE ISSUANCE OF GENEP. AL OBLIGATION BONDS OF THE CITY IN THE OF NOT TO EXCEED $1,100,000 WHEREAS, a special bond election WaS duly held on Tuesday, June 6, 1989, for the purpose of submitting to the qualified electors of the City of McCall (the "City") the question of whether or not the City should be authorized to issue its general obligation bonds in the principal amount of not to exceed $1,100,000, to pay the cost of construction and financing of improvements to the City's public recreational facilities and costs incidental thereto, as set forth in Ordinance No. 544 of the City, adopted on April 13, 1989; and WI{EP~EAS, the Judges and clerks of the election have conducted the election and made their return in the manner provided by law~ and WHEREAS, the City Council now desires to canvass the votes and to declare the results of the election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MCCALL, IDAHO, as follows: ~ection 1: ELECTION The special bond election of June 6, 1989, was duly and .regularly called, noticed, held, and conducted, the votes cast thereat received and canvassed, and the returns thereof made in · the time, form, and manner required by law and by the ordinances, resolutions, and proceedings taken by the City. ~ection 2: NOTICE OF ELECTION Notice of the election was duly and legally given for thirty (30) days prior to laid election by the publication of an appropriate notice in the official newspaper of the City once week on the same day of the week for five (5) successive weeks. Section 3: POLL~ The polls of said election were opened at 8:00 o'clock A.M. on June 6, 1989, and remained open cp~tinuouslv until closed at the hour of 8:00 o~clook P.M., at the voting place duly provided by Ordinance No. 544. Section 4: QUALIFIED ELECTORS Only persons who were, on June 6, 1989, qualified electors of the City, within the meaning of Article 6, Section 2, Idaho constitution, and Section 50-413, Idaho Code, eighteen (18) years of age or older, and who were bona fide residents of the City, duly registered to vote therein, were permitted to vote at said election, and no person qualified to vote at said election was refused the right to vote. Section 5= BALLOTS The ballots used at said election were in the form prescribed by law. A sample ballot, in the form prescribed by law, was published in the official newspaper of the City within the time and in the manner provided by law. Section 6: CANVASS The City Council hal examined the returns of the election and hereby canvasses said' returns and declares the results of the election on the proposition of whether or not the City of McCall, Idaho, should issue its general obligation bonds in the amount of $1,100,000, for the purposes stated in Ordinance No. 544, adopted on April 13, 1989. The total number of votes cast at said election for and ag.%/_n~the proposition w~e_ai follows: Total votes cast, __~___; votes.for, ~/F ; VOteS against, ~. ~ction 7= 'AUTHORIZATION TO PROCEED Upon canvass, it is found that the requisite two-thirds majority of the votes so cast at the special bond election were cast in the affirmatlve~ that the proposition on.the issuance of general obligation bonds in the principal amount of not to exceed $1,100,000 duly passed~ that laid election was held and conducted in compliance with the law~ and that the City is authorized to proceed with the authorization and issuance of said bonds as specified in said proposition. Section ~: RATIFICATION All actions taken by the City in connection with said special bond election, the publication of notice thereof, the preparation and printing of ballotsand sample ballots used at the election, and ell other matters connected therewi~h, are' hereby in all respects ratified, approved, and confirmed. DATED this ~ day of June, 1989. CITY OF MCCALL Valley County,.Idaho ATTEST: City~ Cler~- - Resolution 14-89 was introduced which canvases the election results on Ordinance 544, the Golf Clubhouse Revenue Bonds, and declares the Measure passed by the required 2/3 majority. Mr. McCarty moved to adopt Resolution 14-89, Mr. VauKomen seconded and on a roll call vote, Councilmen McCarty, VanKomen and Moltke voted "Aye" and the motion carried. RESOLUTION /.- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCCALL, OF VALLEY COUNTY, IDAHO, CANVASSING THE RETUP.NS AND DECLARING THE RESULTS OF THE SPECIAL BOND ELECTION HELD ON JUNE 6, 1989, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY THE QUESTION OF THE ISSUANCE OF REVENUE BONDS OF THE CITY IN THE AMOUNT OF NOT TO EXCEED $450,000 WHEREAS, · special bond election was duly held on Tuesday, June 6, 1989, for the purpose of submitting to the qualified electors of the City of McCall (the "City") the question of whether or not the City should be authorized to issue its revenue bonds in the principal amount of not to exceed $450,000, to pay the cost of construction and financing of improvements to the city's public golf course and costs incidental thereto, as sat forth in Ordinance No. 545 of the City, adopted on Aprfl 13, 1989; and WHEREAS, the Judges end clerks of the election have conducted the election end made their return in the manner provided by law; and WHEREAS, the City Council now desires to canvass the votes and to declare the results of the election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MCCALL, IDAHO, es follows: Section 1: ELECTION The ~peoial bond election of June 6,'. 1989, was duly and regularly called, noticed, held, and conducted, the votes cast thereat received and canvassed, and the returns thereof made in the time, form, and manner required by law and by the ordinances, resolutions, and proceedings taken by the City. ~ection 2= NOTICE OF ELECTION Notice of the election was duly and legally given prior to said election by the publication of an appropriate notice in the official newspaper of the City once a week on the same day of the week for two (2) successive weeks. Section ~:' PQ .LLs ' The polls of said election were opened at 8:00 o'clock A.M. on June 6, 1989, and remained open continuously until closed at the hour of 8:00 o'clock P.M., et the voting place duly provided by Ordinance No. 545. Section 4~ QUALIFIED ELECTORS Only persons who were, on June 6, 1989, qualified electors of the City, within the meaning of Article. 6, Section 2, Idaho Constitution, and Section 50-413, Idaho Code, eighteen (18) years of age or' older, and who were bona fide residents of the City, duly registered to vote therein, were permitted to vote at said election, and no person qualified to vote. at said election was refused the right to vote. ~ection 5: BALLOTS The ballots used at said election were in the form prescribed by law. A sample ballot, in the form prescribed by law, was published in the official newspaper of the City within the time and in the manner provided by law. Section 6~ ~2~NVASS The City Council has examined the returns of the election and hereby canvasses said returns and declares the results of the election on the proposition of whether or not the City of McCall, Idaho, should issue its revenue bonds in the amount of $450,000, for the purposes stated in Ordinance No. 545, adopted on April 13, 1989. 4O The total number of votes cast at said election for and th. propo.ition wa. a. follow., Total rot.. _ ; votes for, ~1 Votes against, /.2~-- . Sectlo~: AUTHORIZATION TO PROCEED Upon canvass, it is found that the requisite majority of the votes so cast at the special bond election were cast in the- affirmative; that the proposition on the issuance of revenue bonds in the principal amount of not to exceed $450,000 duly passed; that said election was held and conducted in compliance with the law; and that the City is authorized to proceed with the authorization and issuance of said bonds as specified in said proposition. Section 8: ~ATIFICATION All actions taken by the City in cormsction with said special' bond election, the publication of notice thereof, the preparation and printing of ballots and sgmple ballots used at the election, and all other matters corrected therewith, are hereby in all respects ratified, approved, and confirmed. DATED this ~ day of June, 1989. CITY OF MCCALL Valley County, Idaho ATTEST: Cit~ Clerk Other Items: 1. Budget Amendment and~Notice: Staff was directed to prepare a budget amendment notice for FY 1988-89 to recognize the airport grants of 1988 (carry forward) and 1989 (new), and to recognize gross recreation revenue as suggested by the auditors. 2. Airport Fencing: After ulscusston, Staff was directed to cancel the fencing project for 1989 and rebudget for completion of the project in 1990 in a mot/on by Mr. McCarty, seconded by Mr. VanKomen; the motion carried. 3. Depositions: Lundgren vs. City 6f McCall. 4. Transfer of Upland Access Rights from Docks Unlimited (Metcalf) to Docks and~Decks (Goul): After review of the request and discuss/on, the transfer of upland access, permitting access from the pedestrian pathway for Goul with an understanding that access may be changed or cancelled fpr any reason the city sees as fit when the walkway/bikepath is constructed, was moved by Mr. McCarty, seconded by Mr. Moltke and carried. 5. Frontier Days Rodeo: Tom Shropshire requested use of the City owned land on the East shore of the Payette River (West of Mission St.) to conduct a rodeo the weekend of July 29th. This is a second site in the event the preferred site, Jughandle Park, is not available. Shropshire agreed to insure the City, clean up the site, and leave topsoil. With those conditions, Mr. VanKomen moved to permit the use of the site for up to 10 days for a rodeo. The motion was seconded by Mr. Motlke and carried. VI. Old Business: 1. Ordinance 547, related to Airport Minimum Standards. The Ordinance was read for its third reading and on a motion to adopt by Mr. Moltke and seconded by Mr. McCarty, passed by voice vote. AN ORDINANCE RELATING TO THE ~oCALL [tUNICIPAL AIRPORT; ~dENDING CHAPTER 12 OF TITLE I OF THE VILLAGE CODE OF ~cCALL, IDAHO, BY THE ADDITION OF A NEW SECTION 1-12-2 (A) TO ADOPT [{INI~U~ STANDARDS FOR FIXED BASE OPERATORS AND AIRPORT TENANTS AT THE McCALL ~UNICIPAL AIP~ORT, AND PROVIDI}]G THAT SUCH MINIMUM STANDARDS FOR FIXED B~SE OPERATORS AND AIRPORT TENANTS AT THE :~cCALL MUNICIPAL AIRPORT SHALL GOVERN THE USE OF THE McCALL ~{UNICIPAL AIRPORT BY ALL CO~E~RCIAL OPERATORS FOR ALL COMMERCIAL OPERATIONS THEP~O~; ltEPEALING SECTION 1-12-7 OF THE VILLAGE CODE OF ~cCALL, IDAHO~ AMENDING CHAPTER 12 OF TITLE I OF THE VILLAGE CODE OF ~{cCALL, IDAHO, BY THE ADDITION OF A N~W SECTION 1-1.2-? OF THE VILLAGE CODE OF McCALL, IDAHO, TO PROVIDE PEN- ALTIES FOR VIOLATIONS OF THE MINIMUM STANDARDS FO~ FIXED BASE OP~RATORS AI~D AIRPORT T~NANTS AT THE McCALL MUNICIPAL AIRPORT. BE IT ORDAINED BY THE ~hAYOR A~]D COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS= Section 1. That Chapter 12 of Title I of the Villape Code of McCall, Idaho, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and desi~nated as Section 1-12-2(A) o~-~he V-'~ge Code of McCall, Idaho, and to read as follows: 1-12-2(A): MINIMUM STANDARDS: The rules, regulations, standards and requirements set forth in that document entitled "Minimum Standards for Fixed Base Operators and Airport Tenants at the McCall Municipal Airport, McCall, Idaho", as the same may be hereafter amended, is hereby ratified and adopted as the ~|inimum Standards for Fixed Base Operators and Airport Tenants at the McCall Municipal Airport, and as ratified and adopted shall be the rules, regulations, standards and requirements governing the use of the McCall ~{unicipal Alr~ort by all com- mercial operators for all commercial operations at the ~cCall ~lunicipal Airport. Three copies Of said "~inimum Standards for Fixed Base Operators and Airport Tenants at the McCall Municipal Airport, McCall, Idaho", are now on file in the office of the city clerk for inspection and examination. As such minimum standards are amended as may be deemed necessary or 'desirable by the City Council, three copies of such amendments shall be placed on file with said "Minimum Standards for Fixed Base Operators and Airport Tenan%s at the McCall }~unicipal Airport, McCall, Idaho, in the office of the city clef]: for inspection and examination. Section 2. That Section 1-12-7 of the Village Code of McCall, Idaho, be, and the same is hereby repealed. Section 3. That Chapter 12 of Title I of the Village 'Code of ~cCall, Idaho, be,...~..t~ ~ !~ ~re~ ~mended by the addition thereto of a NEW SECTION, to be known and designated as Section 1-12-7 of the Vt'~fa~ of ~{cCall, Idaho, and to read as follows~ 1-12-7: PENALTIES~ (a) In addition to penalties otherwise provided in this Code, any person violating this c]!apter or re- fusing to comply therewith and any person..failinq or refusing to comply with the "Minimum Standards for Fixed Base Ooerators and Airport Tenants at the McCall Municipal Airport, McCall, Idaho" may be promptly removed or ejected from the airport by or under the authority of the Airport Manager, and upon the order of the Airport Manager may be deprived of the~further use of the airport and its facilities for such length of time as may be required to insure the safeguarding of the same and the' public and its interests therein and as may be required, to insure compliance with said minimum standards. (b) any person convicted of a violation of this chapter or a.violation of said Minimum Standards for Fixed Base O~era- tots and Airport Tenants, McCall ~unicipal Airport, shall be punished by a fine not to exceed Three }~undred Dollars ($300.00) or by imprisonment in the Valley County Jail not to exceed six (6) months or by both such fine and imprisonment. Passed and approved this ~ day of June, 1989. 2. Or~inance 549, related to Golf Course Rules, The Ordinance was read by reading. second reading: t%tle and ordered filed for its third Se Central District Health Issues: a. Final utility and access easements: Council reviewed th~ final documents on easements and after discussion, Mr. Vanl~omen moved and Mr. McCarty'seconded to direct staff to certify the easements ~o Central District Health, prepare all necessary documents and' authorize the mayor to sign. The motion carried unan/mousl~. 42 b. Automatic Flre iupresslon System Requirements: AiCer discussion it was a concensus that the Ordinance recently adopted requiring sprinkler systems in certain occupancies needed further amendment. The Council determined to recess until 12:00 noon on Wednesday, June 14, to hear staff reports on proposed amendments. 4. 1989 A/rport Improv~ent Project: a. Resolution 15-89: This measure was included in the minutes in its entirely. SEE ATTACHMENT "A" introduced and is After discussion, Mr. McCarty moved for adoption of Resolution 15-89, Mr. Moltke seconded and on a roll call vote, Councilmen McCarty, Moltke, and Va~Komen voted "Aye" The motion carried. ' R~SOLUTIO~ ~0. !~'-- ~? WHEREAS, the City of M~Call duly and .regularly advertised for sealed bids for the construction of the following imorove- ments at the ~icCall Municipal Airport~ 1. Rumcay 16-34 and parallel taxiway extension paving 2. Rehabilitation of existing runway 16-34 and 3. Taxi.way construction under FAA/AIp Project No. 3-16-0023-03~ WHEREAS, on the l?th day of May, 1989, at the time and place of opening of bids, only one bid therefor was'received which bid was presented by Central Paving Co., Inc., an Idaho corporation, which bid exceeded the budgeted amount and the engineers' estimate for construction of such proJect~ WHEREAS, the City of McCall has negotiated a proposed con- tract with said Central Paving Co., Inc., for construction of said project for'a lesser amount which can be financed by the city with Federal and State aid therefor~ WHEREAS, it is determined and found by the city as follows~ 1. That under existing conditions and at this time of year, it does not appear reasonable to expect to receive a more favorable bid if this project were readvertised~ 2. That due to the short construction Season in this area the work must be started immediately if construction is to be completed this year; 3. That tho construction industry in ~neral and particu- larly those firms ih this general area ~lth the equipment to construct this project are already engaged in workin~ on other projects; · 4. That a delay in construction until 1990 would result in increased construction coats; 5. That Central Paving Co., Inc., has scheduled its other work in such manner that if it can proceed immediately with this project, that it, said Central Paving Co., Inc., can complete such project as originally sche4uled! 6. That it is in the best interests of the City of ~cCall, its residents and taxpayers, and the general,public usin~ the :~cCall Municipal Airport, to complete such construction .project durin~ the 1989 construction 9-aeon. MOW, THEREFORE, be it resolved by the Mayor and Council of the City of ~cCall, Idaho, as follows~ . 1. That the bid of Central Paving Co., Inc., presented to the City of Mm. Call on the 17th day of May, 1989, for construction of the above Uescribed project be rejected.. 2. That the City of ~Call, for the reasons and findings set forth above, does hereby approve that certain proposed contract dated April $, 1989, 'between the City of ~oCall and Central Pavin~ Co., Inc., an Idaho corporation, for construction of said project at the McCall Municipal Airport, which contract and the exhibits referred to therein are hereby made a part of this resolution as if fully eet forth a~ length herein. 3. That the }~ayor and City Clerk are hereby authorized and directed to execute such contract on behalf of the City of ~IcCall upon the following conditions, '. ' (a) Receipt and .~xe=ut~n of appropriate grant offer from the Federal Aviation Adm/nietration for this (b) Receipt of required performand and Payment bonds from · . the contractor. .~ (c) .Execution of such contract by Central Paving Co., Inc. 4. That the }layor be, and is hereby authorized and directed to execute a grant offor from the Federal Aviation Administration for this project. "" This resolution is adopted pursuant to the provisions of Section 50-34i, Idaho Code. Dated this 8th day of June, 1989. C~ty C~'rk , Mr. Sundby presented Engineer's Billings for advance work on the project, numbers 1-4, and on a motion by Mr. Moltke, seconded by Mr. McCarty, the bills were approved for imm&diate payment. 5. Art Roberts Park Sewer Project: Two bids were received on the project, both exceeded the budget for the project. Mr. Moltke moved to reject all bids and combine the project with others and rebid. Mr. McCarty seconded and the motion carried. 6. ~gent-of-Record: Sram Clements appeared to protest the chang~ in the agent-of-record for the health insurance program. After discussion, the matter was referred to the City Attorney. 7. Waterways Improvement Fund Grant: The City was notified of a $57,000.00 award for purchase of boat-trailer parking by the State of Idaho and an additional $15,000.00 contribution from the County Waterway fund. Mr. McCarty moved to accept the reduced funding (from the original grant application) and authorized the mayor to sign. Mr. VanKomen seconded and the motion carried unanimously. VII. New Business: No new business was on the Agenda. VIII.Board Committee and Commission Reports Requirin$ Action: 1. Impact Planning and Zoning; Spaeth Variance Request: After review, Mr. Vard(omen moved to adopt the Findings of Fact and Conclusions of Law of the Impact Planning and Zoning Commission as those of the Council, including the conditions set forth. The motion was seconded by Mr. McCarty and carried. ~. 2. City Planning and Zoning Minutes of May 2, 1989: After review of the Commission's Findings of Fact and Conclusions of Law, and discussion of the conditipns, Mr. VanKomen moved to hold a public hearing before the Council based'upon appeal for July 13, 1989 at 7:30 p.m. The motion'was seconded by Mr. Moltke and carried. 43 IX. Information Items: The following-items were noted: 1. Notice of Intent to Adopt Ordinance. 2. Letter from Sterling Codifiers. X. Other Items: XI. 1. Benefit Endorsement: The Treasurer presented a Benefit Endorsement to Blue Shield. This endorsement amended the City's Contract with Blue Shield by allowing former employees to continue their health insurance under the COBRA Act for 18 months or until they become enrolled in another group health plan instead of until they become eligible for another group plan. On a motion by Mr. Moltke, seconded by Mr. VanKomen to approve the endorsement and authorize the mayor to sign, a unanimous vote was case. A motion by Mr. VanKomen to recess to 12:01 p.m. on Wednesday, Jun, 14th was seconded by Mr. McCarty and carried. MayOr ATIEST: Clerk CITY COUNCIL MINUTES June 8, 1989 Recessed to June 14, 1989 12:00 Noon At 12:00 noon on June 14, 1989, Mayor Allen reconvened the June 8, 1989 Council meeting and Mr. VanKomen, Mr. Moltke, and Mr. McCarty answered the roll call. Mr. Wallace was absent. The Mayor declared a quorum present. The matter before the Council was the agenda item regar&ing a request by Andrew Laidlaw, architect for the'Central District Health building, to reconsider provisions of Ordinance ~542 adopted in February of 1989 requiring automatic fire supression devices. Fire Chief Points presented information requested' on the uses of the building, the occupants and clients, and a proposal for amending Section 2-I-6(B) of the City Code. After discussion, which included Mr. Laidlaws concurrence with the proposed changes and a Council alteration of the proposal, Mr. VanKomen moved, and Mr. McCarty seconded to direct the City Attorney to prepare an Ordinance amending City Code Section 2-1-6(B) to incorporate the Fire Chief's recommendations as amended, and to present the Ordinance at the regular June 22nd Council meeting for adoption. The motion carried. A letter fro~ Attorney Udell in the matter of the Sloane Special Use Permit was received. After discussion, Mr. VanKomen moved to reconsider and cancel the hearing scheduled for the matter at the June 8th session, pending the advice of the City Attorney, if appropriate to allow Attorney Udell to withdraw his appeal and to act on the matter at a recessed session. The motion was seconded by Mr. McCarty and carried unanimously. Mr. McCarty moved to recess to 12:00 noon, Thursday, June 1~ h, to further consider .the Sloane Special Use Permit. The motion carried. May~r ATTE ST: ~THUR J. ~/~I~ID.T Clerk McCALL CITY COUNCIL SECOND RECESSED SESSION OF JUNE 8th June 15, 1989, 12:00 noon Mayor Allen reconvened the June 8, 1989 meeting to further consider the Special Use Permit request of George and Sally Sloane. Councilmen McCarty, Moltke, and Wallace answered the roll. Mr. VanKomen was seated shortly after the roll call. The City Administrator reported that he had received oral notice of appeal by an affected and adjacent property owner, Jud DuBoer. Mr. DuBoer attended the June 8th session and following council action on that date intended to reserve his concerns for the hearing. Mr. VanKomen moved to withdraw his motion of the June 14th session, to reconsider this action and moved to cancel the hearing. Mr. McCarty seconded the motion and the motion carried. The matter will now be heard on July 13, 1989 at 7:30 p.m. Mr. VanKomen moved to adjourn~ Mr. Wallace seconded and the motion carried. Mayor ARTHUR J/CHMIDT Clerk CITY COUNCIL MINUTES June 22, 1989 Roll Eall and Call to Order: Mayor Allen called the meeting to order at 7:00 p.m. Councilmen McCarty, Moltke, and Wallace answered the roll call with Mr. VanKomen being..absent. II. Minutes of June 8th and May 25th: The minutes of June 8th were amended and after discussion, Mr. Wallace moved to .approve the June 8th minutes of the two recessed sessions of that meeting held on June 14th and June 15th of 1989. Mr. McCarty seconded and the motion carried, The May 25th minutes were handed out at the meeting. At Council request and ordered by the Mayor, approval will be advanced to the next Agenda; July 13th. III. Payment of Claims: After review of a list of bills dated June 19, 1989, Mr. Moltke moved to pay the claims as presented. Seconded by Mr. Wallace, the motion carried unanimously. IV. Consent Calendar: The following items were listed on the calendar for approval: 1. Two catering permits for Lardo's for June 24th and June 17th and 18th; 2. Transfer of a beer by the drink license from M. Kaye Powell to Dwayne Rudge, Lake Bowl; 3. Impact Planning and Zoning Commission minutes of June 15th; 4. Beer and wine license applications for Mom's Cafe by William Smith. Mr. Moltke requested that catering permits be listed for approval prior to the event. Mr. Wallace moved to approve the consent calendar, Mr. McCarty seconded and the motion carried. Ve Mayor and Council Comments: Mayor Allen proclaimed July 9th as Brundage Mountain Ski Foundation Day. The Mayor reported on the meeting scheduled on June 23rd with various State agencies in Boise with other county and city officials. The Mayor also noted the annexation workshop scheduled for the AIC conference and encouraged attendance by councilmen. VI. Staff Reports: A. Administrator's Report: 1. Minutes Correction: The report advised that the May 11, 1989 minutes had been corrected as discussed. 2. Additional. Building Rental to Detention Center: The Administrator requestedapproval to rent the processing room in the Police Department to the County Detention facility. The court building fund would be used to make certain improvements for police prisoner processing, the $175.00 per month rent would go to a building fund (separate from the court building fund) and the county would redecorate and repair the room. Chief Parker reiterated his need for additional space, if this was approved and to develop the rear porch to a prisoner processing area or office area. The Council asked to recess at the end of the meeting to review the facility proposals first hand. 3. AWOS Site Lease: The Administrator requested that the City Attorney be authorized to draft a twenty year lease with Jud DuBoer to secure an AWOS site on his property. Mr. Moltke moved to so direct the City Attorney; seconded by Mr. Wallace and the motion carried. 46 4. Park Bond Project Schedule and Program: An outline of a project schedule was presented, anticipating dedication of the facilities for July 4, 1990. The Council concurred with the schedule. Use of the Trust for Public Lands to intervene to ensure that the land acquisition can be used for grant match was proposed. The Council requested that staff further investigate the matter. Priority of the snowmobile route and bridge from Dienhard to the wastewater treatment plant was confirmed for construction. Staff was directed to seek engineering services for surveying, structural appraisal and land ~cquisition services. Architect/Engineer consultant services were discussed. Mr. Wallace moved to prepare a Request for Proposal to secure architectural and engineering services for the project and Mr. McCarty seconded. The motion carried. B. City Attorney's Report: 1. Ordinance 550: The City Attorney presented Ordinance 550, amending the requirements for automatic fire extinguishing devices. Mr. Wallace moved to suspend the rule requiring a reading of the Ordinance on three separate occasions, Mr. McCarty seconded and on a roll call vote, Councilmen Wallace, McCarty and Moltke voted "Aye". The motion carried Mr. Wallace then moved to adopt Ordinance 550, Mr. Moltke seconded the motion and on a roll call vote, Councilmen Wallace, Moltke and McCarty cast "Aye" votes and the motion carried. ORDINANCE NO. AN ORDINm~CE RELATING TO THE CITY BUILDING CODE~ REPEALING SECTION 2-1-6 OF THE VILLAGE CODE OF McCALL, IDAHO; A~dENDING TITLE II, CHAPTER 1, OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDI- TION OF A NEW SECTION 2-1-6, AMENDING' THE UNIFO~4 BUILDING CODE TO PROVIDE FOR MINIMUM NOMINAL SNOW LOADS, AND TO PROVIDE FOR PLAN REVIEW FEES, AND D2.1ENDING THE UNIFOI~ FIRE CODE TO PROVIDE EXCEPTIONS TO PROVISIONS REQUIRING INSTAJ~LATION OF AUTOMATIC FIRE EXTINGUISHING SYSTEMS. BE IT ORDAINED BY THE ~iAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. That Section 2-1-6 of the V~llaue Code of ~{cCall, Idaho, be, and the same ks hereby repealed. Section 2. That Chapter 1, Title II of the Village Code of .'dcCall, Idaho, be, and the same is hereby amended by the addition of a NEW SECTION, to be known and desi~nated as Section 2-1-6 o~ the VI~age-~ of HcCall, Idaho, and"to read as follows: 2-1-6: .~END~ENTS: The Uniform Building Code enumerated in Section 2-i-5(A) hereof, is hereby amended~ in the following respects: (A) Snow Loads. Section 2305 (d) of said Uniform Building Code shall be amended by adding the following: "The minimum nominal design snow load for McCall shall be designated as one hundred twenty (120) pounds per square foot and the Building Inspector may require structures to be designed for heavier loadings in certain locations of the City known to experience heavier snow falls." (B) Plan Review Fees. Section 304 (b) of said Uniform Building Code shall be amended to read as follows: 304 (b) Plan Review Fees. When a plan or other data is required to be sub- mitted by Subsection (b) of Section 302, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be as follows: 1. When th~ construction cost of said 61ans or specifica- tions is from $1.00 to $5,000.00 the fee sha~l be $10.00, except for commercial construction. 2. When the construction cost of. said plans or specifica- tions is from $5,001.00 to $50,000.00 the fee shall be $25.00, except for commercial construction. 3. When the construction cost of said pians or specifica- .tions is $50.,001..00 or greater the fee shall be $100.00, except for commercial construction. 4. All commercial plan review fees shal[ be 65% of the building permit fee or $100.00, whichever is greater. (C) The Uniform Fire Code enumerated in'Section 2-1-5(E) hereof, is hereby amended in the following respects: Automatic Fire Extinquishing Systems: Ail new construction of commercial and industrial buildings shall be protected pur- suant to the Uniform Fire Code, Sections 10.301 through 10.313 with the following exceptions: a. UFC 10.306(C); exceeds 3,000 sq. ft., or b. UFC 10.306(C); more than 6,000 sq. ft., or c. UFO 10.306(D); exceeds 5,000 sq. ft. or 10,000 sq. ft., or d. Group B, Division 2, retail sales occupying more than two stories, or ,. Remodeling: a. An existing building changed to a more hazardous occupancy; or b. Remodeling cost exceeds $50,000.00 o~ the five year cumulative total of the remodeling permit exceeds $50,000.00 unless an automatic fire extinguishing system ia not required by the Uniform Fire Code for that occupancy for new construction, or c. Falls under occupancy classification listed above. Passed and approved this ~-day of June, 1989. Attest: 549-A: The City Attorney reviewed Ordinance 549 regarding Golf Course 2. Ordinance 549 and certain problems with rules. He recommended withdrawal of Ordinance 549, scheduled for a third reading. Mr. Moltke moved to withdraw Ordinance 549, Mr. McCarty seconded and the motion carried unanimously. Ordinance 549-A was then submitted, also related to golf course rules. Mr. Moltke moved to suspend the rule ~equiring that the Ordinance be read on three separate occasions. Mr. Wallace seconded and on a roll call vote, Councilmen Moltke, Wallace, and McCarty voted "Aye" and the motion carried. Mr. Moltke then moved to adopt Ordinance 549-A, Mr. McCarty seconded and on a roll call vote, Councilmen Moltke, McCarty and Wallace voted "Aye" and the motion carried. ORDINANCE NO. 549 AN ORDINANCE RELATING TO PUBLIC WAYS AN6 PROPERTY; A~NDZNG TITLE VIII OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION OF A NEW CHAPTER 13, PRO- HIBITING CERTAIN ACTS A~D CONDUCT ON THE McCALL MUNICIPAL GOL~ COURSE AND PROVIDING A PENALTY. BE IT ORDAINED BY THE I~AYORA~D ~OUNCIL OF THE CITY OF McCALL, IDAHO~ AS FOLLOWS: " Section 1. That Title VIII of the Village Cods of McCall, Idaho, be, and the sams is hereby amended by the addition thereto , of a NEW CHAPTER, to be known and designated as Chapter 1] of Title-~IIo~e Village Cods cf McCall, Idaho, and to read as follows: 8-15-1, ~lqCALL GOLF COURSE-UNLAWFUL A~S: It shall be unlawful for any person tc do or perform anyi~.of the following acts on the premises known and designated as. the McCall Municipal Golf Course, to-wit, (A) Psrmitting, causing cr allowing a dog to bs ~hereon; (B) Jogging; (C) Bicycling; (D) Allowing, causing or permitting a child undsr the ago o~ ten (10) ysars to pXay golf exempt any su¢~ child playing golf with his or her'separats ee~ of golf clubs snd aooompsnisd at al1 times by an ~dul~ person! (E) Operating or parking a snowmobile therson; (F) Opsrating or parking a motor vehicle thereon, except & city employee performing upkeep and main- tenance duties upon such golf course. Nothing hsrein contained shall be construsd to prohibit ths uss and opsration of golf carts for the playing o£ go1£ on the McCall Municipal Golf Course· 8-13-2, PENALTY; Any person who violates any provisions of this Chapter shall bm guilty of a misdemeanor and upon conviction thereof-shall be punished by a fine not to exceed three hundred dollars ($300.00} or by imprisonment in the County Jail not to exceed ~ix (6) months, or by both such fins and lm~risonment. Passed and approved this j;~ay of Jun~, 1989. 47 45 3. Agent of Record: The City Attorney reported that he continues his investigation of the matter and will report on July 13th. C. City Treasurer's Report: I. Vision Service Plan: The carrier, insists that the premium quoted was for a twenty-four month period and has rejected the city's contract with the twelve mouth period. A higher twelve month rate will re required or amendment of the contract back to the twenty-four month period. Mr. McCarty moved to accept the twenty-four month rate and period and authorize the Mayor to sign the contract as submitted. Mr. Moltke seconded and the motion carried. 2. Auditor Selection: The Treasurer reported on the committee's nomination of Theil and Marx of Lewiston to serve as the city's auditors commencing September of 1989 for a three year period with two one, year renewal options and to invite the firm to present un engagement letter reflecting the terms of their proposal. The Council concurred and subsequent action on the engagement letter will confirm the city's selection, VIII.Old Business: No old business was considered. XI. New Business: Xe 1. Annexation: The Administrator reported on property values, tax proceeds, and other matters related to annexation of the Rio Vista subdivisions and the Carrico "subdivision".(the area is not a legal subdivision). A lengthy discussion ensued and the Council requested that Staff report on the annexation of the sewer district boundaries at the next meeting. The Mayor so ordered. 2. Planning Proposals: A report on the seven proposals received from the Request for Proposals was presented by the Administrator and a recommendation to invite four of the firms for an interview was received. After discussion, the Council asked that the Mayor, Administrator, and the two Planning and Zoning Chairmen interview and recommend a firm for the planning project? The Mayor so ordered. 3. Water Rate Review: The Council heard certain objections from Mr. Rowland regarding the rate regulation for treating mobile home parks as separate dwelling units. They asked to defer further action until Mr. VanKomen was present and the Mayor ordered the item continued to the next agenda. 4. Depot: A request to rent the Depot by Julia Probst was received. Staff indicated that the city had no clear direction for the future use of the building. Council asked staff to request'that the Chamber of Commerce be asked to determine their future interests in the building by late August or early September. Mayor Allen directed the staff to make this inquiry. 5. July 4, 1989 Fireworks Display Permit, McCall Chamber of Commerce: On a written request by the Chamber, Mr. Wallace moved to grant the Special Use Permit for July 4, 1989. The motion was seconded by Mr. Moltke and carried unanimously. 6. Rearing; Water Bill, Roland Hamell: On an appeal by Mr. Hamell, Mr. Wallace moved to set a hearing on July 13, 1989 at 8:00 p.m. for a hearing on the disputed water bill. Mr. McCarty seconded and the motion carried. Board, Committee and Commission Reports: 1~ Airport Committee, June ?, 1989: The minutes were reviewed and a recommended action by the Committee to the Council to direct the City Attorney to amend the City Code sections related te the airport was noted. Mr. Wallace moved to adopt the Committee's recommendation and direct the City Attorney to prepare an Ordinance following the Committee's recommendations. Mr. McCarty seconded and the motion carried. 2. Transportation Committee, June 15, 1989: The minutes were reviewed and Mr. Wallace moved to confirm the Committee's recommendation rejecting a Mission/Dienhard truck route, the City's interest in a Dienhard bypass route, and the request to commence new routing hearings. The Mayor would be requested to confirm this action to the Idaho Department of Transportation. Mr. McCarty seconded and the motion carried unanimously. 3. Impact Planning and Zoning, June 15, 1989: reviewed the minutes and approved them for filing. The Council XI. Correspondence: 1. A letter from Tom Shropshire regarding Frontier Days was noted. XII. Information Items: The following information items were noted: 1. Letter from "The Hartford" re: Loss Control. 2. Budget conference schedules. 3. Article on Valdez, Alaska. XIII.Recess: Mr. Wallace moved to recess for the purpose of reviewing the juvenile facility rental proposal and the Council toured the Police Department area in City Hall. At 9:30 p.m., the recess ended and the Council reconvened. Mr. Wallace moved to approve the rental of the office area as proposed to Valley County and the court and to commit the funds to a city building fund, and to approve the police building improvements at the earliest possible date. Mayor Further, the contract with Valley County will be amended and the Mayor authorized to sign. Mr. Moltke seconded and the motion carried. XIV. Adjournment: Without further business, Mr. Wallace moved to adjourn at 9:48 p.m. Mr. Moltke seconded and the motion carried. ATTEST ~--J/~//~/ ~ -4- 5O CITY COUNCIL M~TING MINtrfES July 13, 14, 1989' Roll Call za%d Call to Order: Mayor Allm~ called the mmet~g to order at 7:00 p.m. McCarty, VanKomen and Wallace answered the roll call. was abs~%t. Counci~ Mr. Moltke II. Minutes of May 25th and June 22nd: Mr. VanKomen moved to approve the minutes of May 24, 1989. The motion was seconded by Mr. McCarty and carried. Mr. McCarty moved to approve the J~m~e 22, 1989 m{~nutes. Mr. Wallace seconded and the motion carried. III. Pay~mnt of Cls~ A list of bills dated July 7, 1989 was conszdered. Mr. McCarty moved to pay the claims. Mr. Var~ seconded the motion m~d it carried. IV. Mayor m%d Council Comments and Reports: There were no reports or comnents. V. Consent Calend~r: Catering Permits for Lardo's Grill for June 17, June 24, July 1, July 2, July 22' and July 27-29 were approved without objection by order of the Mayor. VI. Staff Reports: me City Administrator: The report included 1) That the golf c~.ew aerated and fertilized the McCall-Donnelly school playing field on a time/materials basis; 2) That the park lawr~er had broken down and a planned vehicle replace~t was foregone to allow purchase of a new lawrmmmwer; 3) That City' Hall word processing equipment no longer has ~ support service, i.e., the operating system r~placement parts are no longer ~actured/available. This severely 1/mits the life of. this equipment; 4) A suggestion to request to extend the review period for .the draft EIS. on the Val Bols development was deferred to the next meetu~. A staff review of the doc_~t was requested. B. City Attorney: 1. Ordinance 552: Ord/nance 552', Amending Airport Rules was presented and read by title. The Ordinance was filed for a second readin~ on July 27th. 2. DeBoer/AWOS Site Lease: A draft of the 'lease' was ~tted. 0m a motion by Mr. McCarty, seconded by Mr. Wallace, t/xe lease was approved, the Mayor was authorized to sign and staff was d~_rected to submit the document to the Lessor for ' si~mture. 3. Gentry Easements: The attorney was directed to pursue a license to use the Gentry property as proposed. Treasurer' s Report 1. Aspen village Water Bill: A letter from the associatic~ was reviewed. The City Attorney recommended that the city's position be reviewed and that time be set aside at the next meeting to examine alternatives and set a direction in this matter. 2. Quarterly Report~ The Treasurer's (~3~rterly Report for the period ending June 30, 1989 was reviewed. Mr. McCarty moved to accept and publish the report. T~m motion was secom~ed by Mr. V~ and carried una~_~ ~nrusly. 3. Financial Policy: (Resolution 16-89) After discussion smd Council amendment and correction, the policy was considered as Resolution 16-89. Mr. McCarty moved to adopt Resolution 16-89, as amended. Mr. Wallace seconded and the mo. tion carried una~ly. 4: Delinquent Non-Property Taxes: After discussion, the Treasurer was authorized to represent the City in small cl~n~ court to pursue the outstanding balance from Dautis Pearson, dba, The Yacht Club (1985). 51 TAPE FOR MDTION, SECOND AND VOlE VII. Old Business: Gem Cities Resolution: Resolution 17-89, updating the City' s participation in the county wide program was presented. Mr. McCarty moved to adopt Resolution 17-89, Mr. VanKomen seconded and the motion carried. Be Annexation Discussion: Staff presented further information regarding possible territories for annexation, specifically the Pay, rte Lakes Sewer District boundary mzd the Level II water service are (reference water system master plan). After disCUSsion, ~ Council asked staff to present full reports on both of these area and to schedule the continued discussion .for September of 1989. Airport Project Status Report: 1. Construction Progress: Mr. Sundby of Toot/xnan-Orton reported t_he projects' progress was on sched~e and on budget. 2. 1990 PreappliCation~ Mr. Sundby reported the need for the Airport Coumittee and Council to approve capital improvement plans to permit preparation of a 1990 FAA/AlP application. 3. AWOS: The plans and specifications for the Automatic Weather Observation System (AWOS) were reviewed. A motion by Mr. Wallace, seconded by Mr. McCarty to approve the plans and specification and call for bids, subject to approval by the City Attorney, carried unanimously. 4. 1989 Se~er Projects: Richard Orton of Tootb,~n-Orton presented plans and specifications to bid four small sewer projects as one bid package, including Burns Road, Boydstun Street marbles, Art Roberts Park manholes and ~the syphon bypass line. A zDtion by Mr. McCarty to approve the plans and specifications and call for bids subject to review by the City Attorney was seconded by Mr. Van~ and carried. 5. Sno~nobile Route/Bridge: A work order for Toothmm%-Orton Engineering to do structdral analysis of the water tower legs and identify routes and ownerships for the recreatton/snowz~bile route, Addendum No. 12 to the ~h~Jmering Agreement, was presented. A motion by Mr. Wallace, seconded by Mr. VanKomen to approve Addendum No. 12 carried una~nrusly. 6. Water Rate Review (Continued): After a lengthy discussion with mobile home owners, including Warren Roland and Mary Wallace, Mr. Wallace moved to take no action to change water rates for mobile home parks and to leave these as coumercial metered service. Mr. VanKomen seconded and the motion carried. The Council requested that other items of water rate review be rescheduled to the next agenda. VII. Public Hearings, 7:30 p.m.: A. Special Use Permit Request by George and Sally Sloane. Mayor Allen opened the hearing at 7:30 p.m. A staff report, the City Planning and Z~xing recoamendations, a statement by Atton~ey Udell (agent for the proponent) were entertained. No one appeared to oppose the project. %his hearing was an appeal of the Planning and Zoning C<,~,{sstm%'s action of June 6, 1989, by the proponent and one opponent. 52 After taking all testCm~ny, Mayor Allen closed the hearing and continued it for Council deliberation to Friday, July 14, 1989 at 10:00 a.m. B. Amendment of FY 1988-89 Appropriations; Ordinance 551 perta' .lnSng to the budget was'presented wh/ch includes amendment_ ts to the recreation and airport funds. Mayor Allen opened the hearing. P~x Wtlliamson appeared to advise t/%e Council that the Golf Course Advisory Ccamtttee still wished to have th~ reallocation of ftal funds to operatir~g funds :and had acted on Tuesday, July 11~p to review that recommendation. Without other comnent, Mayor.Allen closed the hearing.' Mr. Wallace moved to suspend the rule requir/ng that an ordinance be read on three se?~arate occasions. Mr. McCarty seconded and on a roll call vote, ail present voted "Aye". The motion carried. Mr. McCarty moved to adopt Ordinance 551 and authorize the Mayor to si~%. The motion was seconded by Mr. Var~ and on a roll call vote, Counci]~ McCarty, Van~ and Wallace voted "~--" The uDtion carried, ay~ . O~DINANCE NO. AN ORDINANCE RELATED TO APPROPRIA~IONS F0~ THE FISOAL YEAR ENDING SEPTF2~BER 30, 1989~ A~{ENDING ORDINANCE NO. 538 OF THE CITY OF McCALL, IDAHO, TO INCREASE THE CURRENT APPROPRIATION TO PROVIDE FOR EXPENDITURE OF MONEYS FROM THE CITY RECREA- TIONAL REVENUE FUND AND EXPENDITURE OF'FEDERAL AND STATE AIRPORT GRANT FUNDS AND TO DESIGNATE THE FUNDS TO WHICH THE INCREASED APPROPRIATIONS ARE MADE. BE IT 9RDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. That Ordinanoe No. 538 of the City of ~cCall, Idaho, passed and approved September 8, 1988, be, and the same is hereby amended to read as follows~ < Section 1. There is hereby appropriated to defray all necessary expenses of the City of McCall,,Idaho, for the fiscal year commencing October 1, 1988, and endihg September 30, 1989, the sum of $~75~6~,~ 4,302,940.00, which said sum shall be appropriated to the sever~'l funds of said City as follows= GENERAL FUND General Administration Police Fire Public Works TOTAL GENERAL FUND OTHER FUNDS 260,518.00 176,503.00 49,970.00 288,668.00 775,659.00 Street Fund Library Fund Liability Insurance Recreation Fund Airport Water Fund Sewer Fund Golf Course Emergency Fire Account Trust & Agency Funds TOTAL OTHER FUNDS TOTAL BUDGET Passed and approved this 13th day of July, 1989. Attest: - City C~rk $ 206,967.00 52,563.00 66,000.00 ~?~9~v~ . 61~397.00 64~?~$~0 1,308f530.00 ' 222%508.0~ 454,258.00 1,004,864.00 70,344.00 79,850.00 :$3,527, 25]' .00 $4,302,940.00 Reallocation of certa/n f*unds was proposed as follows $16,000.00 from the Golf Capital Reserve to the Golf Operating Fund, use of the clubhouse appropriation for the Hole No. 3 repair and reallocatt~l, and use of vehicle replacement funds in the Wastewater Treatment B~dget for repair to the chlorination system. These reallocations neither increase or decrease budEet. Mr. McCarty moved to authorize th~se reallocations, Mr. Wallac.'e seconded and the motion carried. ~S: Mr. Wallace moved to recess until Friday at 10:00 a.m. July 14, 1989. Mr. V _ar~_ ~ seconded and the motion carried. CITY COb/~CIL PU/~/fES REG~SSED SESSIO~ July 14, 1989 I. Call to Order and Roll Call: Mayor Allen called the regular meet/~%g back to order at 10:00 a.m. Councilmen }~:Carty, Wallace and VanKoum~ answered the roll call. · Mr. Moltke was absent. VIII. A. COI~qNUED: Sloane Special Use Permit Hearing: .. %he Mayor reopened the hearing to Council debate. After discussion, Mr. McCarty moved and Mr. VanKomen seconded to adopt the City Planning and Zoning Ccmmissio~%'s Findings.o,..fd Fact and Conclusions of Law and all conditions thereto attache' with t_he following additions and correct_ions: 1. Item ~2 shall read: "Interior ~ilding separation of 25' is required." 2. The last sentem~e of item ~5 shall read: "Outside storage area shall be filtered from view from the West and South" and '~he l=~i~captng shall be maintm~ned" will be added. 3. Item ~4 shall reads '"fhere shall be one public entrance to the develo~t factn~ the West side, at t/%e South end of the development. There shall be one emergency access between a separation of the structures on the North end of the developmmnt. There shall be two emmrge~%cy accesses between separations of all buildings, allowing passage of .em?,g .e.~cy, vehicles East to, West through ~he development as indicated on the Exhibit 24 dated 7/I3/89 and recorded ~ the file, illustrating the approximate locations of such accesses, i i 4. A ~mw condition, No. 15, is added and shall read: "On the South perimeter, no development shall occur within 25' of the property line to preserve access to other properties." 5. A new condition, No. 16, is added and shall read: ' '%~ndscaping re~,~eu~nts may be reviewed at such time as there is no visual impact by the developmmnt from Hi~zway 55." The motion further approves the Special Use Permit if the c~ditions as preset%ted ~%d amended are met. On a voice vote, the motion carried unan~ly. Mayor Allen ~mted that a transcribable record of 'the proceedings was available and was a parg of the record on this matter. Mr. Udell observed that he. felt he was precluded from respozme to the Council's amendments, that the street access constituted a taking m%d that the landscaping re~p3~rements were onerous and excessive. VIII. C. Appeal of Water billin~ Roland Harnell: Mr. Harnell was not present and th~ consensus of the Council was to continue the hear/ng to 7530 p.m., July 27, 1989 to e~mure that the appealant had every opportunity to be heard. '£he P~yor so ordered. VIII. E. Impact Area Plann/~ Letter from .Chairman Julie F~: The Council advised that the ~.=ndren matter be scheduled when a quorum of the Commission could attend and if such a time. cannot be arranged, tb~ Co%a~cil will hear the matter. Staff was asked to advise the Chairman. Tim Swanson was suggested for appointment to the City Planning and Zoning Commission. Mayor Allen agreed to pursue this suggestion. IX. G. .Sleight on 1st St. and Colorado St.: Mr. Sleight presented his concerns regarding this intersection and the Council authorized his d~rect contact with them and asked 54. that the matter be returned to the agenda when a survey is completed. With this item, the maet~g returned to ttm order of the scheduled IX. New Business: Be Alcohol in Fa~rwmy Park: A request of the Recreation Director exempting Fatzway Park frem the alcoholic beverage consumption restriction in the recently adopted 'Park Rules was considered. Mr. VanKcmen moved to exempt Fair~ay Park and direct the City Attorney to prepare an amendment to the ordinance. Mr. McCarty seconded mud the motion carried. Request for Proposals (P&T); Park Bond Issue Project: Council reviewed the draft of the RF? and on a motion by bk'. Wallace, sec~%ded by Mr. McCarty, to approve the RFP's and advertise the project. The motion carried. Park and Golf Course Bond Matters: 1. Ordinance 553: Relating to the General Obligation Bond was prese~ted. Mr. McCarty moved to suspend tam rule requiring t/mt tbm Ordinance be read ~% three separate occasions. ~k. Wallace seconded and on a roll call vote, Councilmen Wallace, McCarty and V~ voted "Aye" and the motion carried. Mr. Wallace moved to adopt Ordinance 553. Mr. VanKomm% seconded and on a roll call vote, Councilmm~ YmCarty, Wallace and VanKcmen voted "Aye" m%d the motion carried. ORDINARCE NO. S55 AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, AUTHORIZING THE ISSUANCE AND SALE OF GENERAL OBLIGATION BONDS, SERIES 1989, IN THE PRINCIPAL AMOUNT OF $1,100,000~ PROVIDING FOR THE DESIGNATION, PURPOSE, DATE, MATURITIES, EXECUTION, REGISTRATION, AMD REDEMPTION OF THE BONDS~ PROVIDING FOR THE SALE OF THE BONDS~ PROVIDING FOH THE PAYMENT OF PRINCIPAL OF ARD INTEREST ON THE BONDS BY THE ANNUAL LEVY OF TAXES; CREATING CERTAIN FUNDS AND ACCOUNTS; AND PROVIDING CERTAIN COVENANTS WITH THE OWNERS OF THE BONDS WHEREAS, The City of McCall (the "City"), of Valley County, Idaho, is a municipal corporation duly organized and operating under the laws of the State of Idaho; and ............. WHEREAS, the City Council (the "Council") of ~he City, by adoption of Ordinance No. $44 on April l~, 1;89, ordered a special election to be held within the City on June 6, 19S9, for th~ purpose of submitting to the electors of the City the question of whether or not the city should be authorized to incur an indebtedness and issue its general obligation bonds in the principal amount of not to exceed $1,100,000 to provide funds for improvements to the 'City's public recreational facilities as set forth in Ordinance No. 544; and WHEREAS, at said special election, duly noticed, held, and conducted within the City on June 6, 1989, the requisite two- thirds majority of the quali~ied electors of the City approved the incurring of indebtedness in said amount and for said purpose, and the issuance of general obligation bonds of the City therefor, and the council desires to provide for the issuance and sale of said bonds. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, as fo110ws~ Section 1~ BONDS AUTHORIZED General obligation bonds of the City, in fully registered form, designated "City of McCall General Obligation Bonds, Series 1989. (the "Bonds"), in the aggregate principal amount of $1,100,000, are hereby authorized ~o be issued, sold, and delivered pursuant to the municipal bond laws of the State of Idaho,. particularly Sections 50-1019 through $0-1026A, inclusive, and Title 57, Chapters 2 and ~, Idaho Code. section 2~ PURPOSE The Bonds are being issued for the purpose of providing funds to pay ~he cost of acquisition and construction of capital improvements consisting generally of ~he acquisition and improve-' ment of land for recreational facilities, construction and improvement of recreational trails and bridges, park improvements, and other recreational improvements, together with the costs of architectural and engineering, legal, and fiscal services, and ........ Dther costs and fees incident thereto. Section }-= DESCRIPTIO~ OF BONDS The Bonds shall be in denominations '~f~$$,000 each or integral multiples thereof, shall be issued only in fully registered form, and shall be substantially in the form set forth in Exhibit "A" attached hereto and by this reference incorporated herein. .The Bonds shall be numbered separately in a consecutive series, an the manner and with any additional designation as the Bond Registrar (hereinafter defined) deems necessary for the purposes of identification. Interest on the Bonds shall be calculated on the basis of e 360-day year and twelve 30-day months. The Bonds shall be dated and shall mature in accordance with a schedule as shall be set forth in a r~solution hereafter approved by the Council. Section 4~ INTEREST ON BONDS All of the Bonds shall bear interest at a ~ats or rates of not to exceed eleven percent (11%) per annum or at any lower rate or rates as shall be stated in the successful bid proposal for the Bonds, which interest shall be payable semiannually on such dates as shall be set forth in the resolution authorized and referred to above, until their respective dates of maturity or prior redemption. Bidders will be permitted to bid different rates of interest. The maximum differential between the highest and lowest rate shall not exceed three percent (3%) per annum. All Bonds maturing at the same time shall bear the same rate of interest. Section 5~ PAYMENT OF BONDS Both the principal of and interest on the Bonds shall be payable in lawful money of the United States of America to the registered owners thereof, whose names and addresses shall appear on the registration records of the City (the "Bond R~gistsr.), maintained by the Bond Registrar. Principal of each Bond shall be paid to the registered owner thereof, upon presentation and surrender of such Bond by the registered owner at the principal corporate trust office of the Bond Registrar, on or after the date of maturity or prior redemption. Payment of each installment of interest shall be made to the registered owner whose name appears on the Bond Register on the fifteenth day_of the Ca!sn~ar month next preceding the interest payment date, and shall be paid by check or draft of the Bond' Registrar mailed to such registered owner on the due date at the address appearing on the Bond Register, or at such other address as may be furnished in writing by such registered owner to the Bond Registrar. Section ~ EXECUTION OF BONDS Without unreasonable delay, the City shall cause the Bonds to be prepared, executed, and delivered, which Bonds shall be lithe- graphed or printed with engraved or lithographed borders. The Bonds shall be signed by the Mayor, countersigned by the City Treasurer, and attested by the City Clerk (all of which signatures shall be by facsimile), and shall have · facsimile of the seal of the City imprinted thereon. The Bonds shall then be delivered to the Bond Registrar for authentication. Until the Bonds are prepared, the City may, if deemed necessary by the Mayor, utilize a temporary bond which shall be typewritten, and which shall be delivered to the purchaser of the Bonds in lieu of definitive bonds, subject to the same provisions, limitations, and conditions as the Bonds. The temporary bond shall be dated as of the date of the Bonds, shall be in the denomination of $1,100,000, shall be numbered T-l, shall be substantially of the tenor of the Bonds, but with such omissions, insertions, and variations as may be appropriate to temporary bonds, and shall be manually signed by the Mayor, the Treasurer, the Clerk, and the Bond Registrar, and shall have the seal of the City impressed thereon. In case any of the officers who shall have signed or counter- signed any of the Bonds shall cease to be such officer or officers of the City before theBonds so signed or countersigned shall have been authenticated or delivered by the Bond Registrar, or issued bY-' the City, such Bonds may nevertheless be authenticated, ........ ~elivered, and issued and, upon such authentication, delivery, and issue, shall be as binding upon the City as though those who signed and countersigned the same had continued to be such officers of the City. Any Bond may also be signed and countersigned on behalf of the City by such persons as et the actual date of execution of such Bonds shall be the proper officers of the City although at the original date of such Bond any such person shall not have been such officer of the City. Only such of the Bonds as shall bear thereon a certificate of authentication in the form set forth in Exhibit "A," manually executed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this Ordinance, and such certificate of authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, authen- ~icated, and delivered hereunder and are entitled to the benefits of this Ordinance. Sectio~ ?~ BOND REGISTRAR The Corporate Trust Department of West One Bank, Idaho, N.A., Boise, Idaho, is hereby appointed as bond registrar, transfer agent, and authenticating and paying agent, and is herein referred to as the "Bond Rsgistrar.e The Bond Registrar shall keep, or cause to be kept, at.its principal corporate trust office, suffi- cient books for the registration and transfer of the Bonds which shall at all times he open to inspection by the City. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver the Bonds issued or transferred in accordance with the provisions of such Bonds and this Ordinance and to carry out of the Bond Registrar~s powers and duties under this Ordinance. The Bond Registrar shall be responsible for its tations contained in the Certificate of Authentication on.the Bonds. The Bond Registrar may become the owner of the Bonds with the same rights es it would have if it were not the Bond Registrar.' The Bo~ds may be transferred only ~pon the books for the registration and transfer of Bonds, upon the surrender thereof at =he principal corporate trust office of the Bond Re istrar ~ogether ~%th a form of transfer duly exeouts~ ~"- *~ o~ &~&~ AR =ns ~orm of Bond referred to in Section 3 hereof. Upon the transfer of any Bond, there shall be issued in =he name of the transferee or transferees a new fully registered Bond of the same denomination, maturity, and interest rate as the surrendered Bond. The new Bond shall bear the same date as the date of the surrendered Bond, but shall bear interest from the immediately preceding interest payment date to which interest, has been paid or duly provided for. This section ~s intended to provide for a system of registration as provided by Title 57', Chapter 9,'Idaho Code. The Bond Registrar shall not be re,/ired to exchange or transfer any Bond within fifteen (15) days of an interest Payment date or, in the case of any redemption of Bonds, within fifteen (15) days of the redemption date. Section ~= DEFEASANCE A~DREDEMPTION In the event that money or direct obligations of, or obliga- tions guaranteed by, the United States of America, maturing or having guaranteed redemption prices at the option of the owner at such times and bearing interest to be earned thereon in such amounts as ars sufficient (together with any resulting cash balances) to redeem and retire the Bonds in accordance with their terms, ars hereafter irrevocably set aside in s special account and pledged to effect such redemption end retirement, then the City shall not be required to make further payments into the Bond FuDd for the payment of the principal of and inteFest on the .--Sonde, and such Bonds end interest accrued thereon shall then cease to be entitled to any lien, benefit, or security of the Bond Ordinance other than the right to receive the funds so sst aside and pledged, and such Bonds end interest accrued thereon shall no longer be deemed to be outstanding. The Bonds shall be subject to call and redemption in advance of their stated maturity at such times and prices as shall here- after be approved by resolution of the Council. Notice of redemption of any Bonds shall be given by mailing of notice by the Bond Registrar to the Registered Owner of any Bond being called for redemption not less than thirty nor more than forty-five days prior to the redemption date by first class mail, postage prepaid, at the address appearing on the Bond Register, or at such other address as may be furnished in writing by such Registered Owner to the Bond Registrar. The foregoing requirements shall be deemed to be complied with when notice is mailed as provided herein, regardless of whether or not it is actually received by the owner of such Bond. The Bonds so called for redemption shall cease to accrue interest on the specified redemption date, provided funds for such redemption are on deposit at the place of payment at such time, and shall not be deemed to be outstanding as of such redemption date. section 9~ DATE OF SALE The Bonds shall be sold at public sale on such date es shall hereafter be established by resolution of the Council. The Council shall meet et 7~00 P.M. on said date, at City Hall, McCall, Idaho, for the purpose of receiving sealed bids for the purchase of the Bonds. The bide will be publicly opened, examined, and declared at such time and place, and considered at =he meeting of =he Council on said date. All bids aha11 be accompanied by a good faith deposl~ in the amount of $55,000, in =he form of a cashier,s or certified check payable to the Treasurer of the City. At said meeting, the Council shall accept the bid providing the lowest net interest cost to the City, and shall return the deposits of all other bidders. Said sale shall be held, and notice thereof given, in accordance with Title 57, Chapter 2, Idaho Code. Section 10~ NOTICE OF SALE The Notice of Sale, as prepared by the City's bond counsel, in conjunction with the City,s financial consultant, substantially in the form attached hereto as Exhibit "B" and by this reference incorporated herein, is hereby approved. The Mayor and Clerk are hereby directed to execute the Notice of Sale on behalf of the City, and to call for bids for the sale of the Bonds, such bid~ to ma recexvea on the"~ate"sPa~ified"i~th Section 9, all in the manner more particularly set forth in the Notice of Sale. The Notice of Sale shall be published in a newspaper of general oiroulatlon once a week for three (3) succes- sive weeks, the first Publication being at least twenty-one (21) full days prior to the date of sa!e, counting the date of publics- and an Official Statement pertaining to the sale of the Bonds, upon prior approval of the Council, to be distributed to such municipal bond broker-dealers, such banking institutions, and to such other persons as may be interested in purchasing the Bonds herein offered for sale. The expanded Notice of Sale substan- tially in the form attached hereto as Exhibit NC,, is hereby approved for uss in conjunction with the Official Statement. Section 11: CAPITAL IMPROVF2~ENT FUND There is hereby created and shall be main~a:,~ud in the office of the Treasurer of the City, a fund and account separate and distinct from all other funds of the City, to be known as the "city of . McCall Capital Improvement Fund" (the "Capital Improvement Fund"), or such other designation as conforms to banking requirements and good accounting Practices, into which shall be deposited all of the proceeds of the sale of the Bonds, except accrued interest, if any, which shall be deposited into the Bond Fund, hereinafter created. The Bond proceeds shall be used =o pay for the costs of the capital improvements heretofore authorized. In the event there ere funds remaining in said Capital Improvement F~d after ell expenditures for improvements -'a'e set forth hereinabove, any surplus funds shall be deposited into the Bond Fund and used for the payment.of principal of and interest on the outstanding Bonds as the same shall accrue. The Bonds are general obligations of the City, and as such the full faith and credit of the City are hereby pledged for their payment. The officers now or hereafter charged by law with the duty of levying taxes for the payment of said Bonds an~'interest thereon shall, in the manner provided by law, make annual levies, unlimited as to rats or amount, upon all of the taxable property within said city sufficient in amount to meet the annual payments of principal end the semiannual payments of interest maturing and accruing as set forth in Sections 3 and 4 hereinabove. Section 13: GENERAL OBLIGATION BOND FUND The proceeds of taxes levied without limitation as to rate or amount to pay the principal of and interest on the Bonds, as set forth above, shall be kept by the Treasurer of the City in a special fund, which ii hereby created, separate and apart from all other funds, and 'wh~Oh' il hereby designated "City: cf M~Call General Obligation Bonds, Series' 1989, Bond Fund" (the #Bond Fund"), or such other delignation conforming to banking require- ments and good accounting practices, which Bond Fund shall be used for no other purpose than the payment of the principal of and interest on the Bonds al the lame fall due. Said Bond Fund shall be maintained by the City Treasurer until .the principal of and interest on said Bondi have been paid in full. Not less than 15 days prior to any payment date of interest, or principal and interest, as the case may be, the Treasurer shall cause to be transferred from the Bond Fund to the Bond Registrar the amount of interest, or principal end interest, then falling due. Section 14= LOST, STOLEN, MUTILATED OR DESTROYED BONDS In case any Bond shall be lost, stolen, mutilated, or destroyed, the Bond Registrar may authenticate and deliver a new Bond of like date, denomination, number, interest rate, maturity, tenor, and effect to the Registered Owner thereof upon the Registered Owner's paying the expenses and charges of the City in connectio~ therewith and upon hie filing With the Bond Registrar and the City evidence satisfactory to the Bond Registrar and the City tha~ such Bond was actually lost, stolen, mutilated or destroyed, and of his ownership thereof, and upon furnishing the Bond Registrar and the City with indemnity satisfactory to the Bond Registrar and the City. Section 15= PROVISION FOR DEFEASANCE OF THE BONDS In the event that money or direct obligations of, or obligations guaranteed by, the United States cf America, as provided by Section 57-504, Idaho Code, as it now reads or is hereafter amended, maturing or having guaranteed redemption prices at the option of the owner at such time or times and bearing interest to be earned ~hareon in loch amounts as are sufficient (together with any resulting cash balances) to redeem and retire the Bonds in accordance with their terms, are hereafter irrevocably sst aside in a special account and pledged to effect such redemption and retirement, then no further payments need bm made into the Bond Fund for the payment of the princip~l of and interest on the Bondl, and such Bonds and interest accrued thereon shall then cease to be entitled to any lien, benefit or security of this Ordinance, except the right to receive the funds so sst aside and pledged, and loch Bonds and interest accrued thereon shall no longer be deemed to be outstanding hereunder. Section 16= COVENANTS OF THE CITY The City further covenants end agrees= A. The Bonds are qualified tax-exempt obligations within the meaning and for the purposes of Section 265(b)(3) of the Internal Revenue Code of 1986 (thl "Code"), and the City will not designate more than $10,000,000, including the Bonds, as qualified tax-exempt obligationl during the oelendar year. B. None of the proceeds of the Bonds will be used directly or indirectly (i) to make or finance loans to perloni or (ii) in any trade or business carried on by any perion (other than ule es a member of the general public). For purposes of the preceding sentence, the term "person" dole not include a government unit other than the United States or any agency or instrumentality thereof, and the term "trade or business" means any motivity carried on by a person other than · natural person. C. The City has general taxing powers. The Bondl are not "private activity bonds" within the meaning of Section 141 of the Code. 95% or more of the net proceeds of the Bonds are to be used for the local governmental activities of the City. The City hal no subordinate entities. The City has not issued, and will not issue, tax-exempt obligations in calendar year 1989 in a face amount which exceeds $5,000,000. Accordingly, under Section 148(f)(4)(C) of the Code, the City il not. required to pay rebates to the United States under Section 148(f) of the Code. D. The City will take no action which would cause the Bonds to become arbitrage bonds within the meaning of Section 148 of the Code. E. The City will comply with the information reporting requirements of Section 149(e) of the Code. F. The City has no other general obligation bonds outstanding. The Bonds do not exceed, nor will the City issue, while any Bonds are outstanding, additional general obligation bonds in an amount which, together with any Bonds then outstanding, will exceed, in aggregate principal amount, two percent (2%) of the market value for assessment purposes of real and personal property in the City within the meaning of Section 50-1019, Idaho Code. Section 17= RATIFICATION All actions (not inconsistent with the provisions of this Ordinance) heretofore taken by the Council and its employees, with respect to the acquisition, conltruotion and installation of the capital improvements, and the issuance, sale and delivery of the Bonds, are hereby in all respects ratified, approved, and confirmed. Section 18= SEV~RABILITY If any sentence, phrase, paragraph, section, or subsection of this Ordinance ihs11 be declared by any court of competent Jurisdiction to be contrary to law, than the sams shall be deemed separable from the remainder of this Ordinance and shall in no way affect the validity of the other provisions of, or of any Bonds issued pursuant to, this Ordinance. ~ction 19~ REPEALER Ail ordinances or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed, and shall have no further force or affect. Section 20: EFFECTIVE DATE This Ordinance shall be effective from and after its passage. DATED this lSth day of July, 1989. CITY OF McCALL Valley County, Idaho City/lark (SEAL) Number £Faca of Bond] UNITED STATES OF AMERICA STATE OF IDAHO COUNTY OF VALLEY CITY OF McCALL GENERAL OBLIGATION BOND~ SERIES 1989 Dollars See Reverse Side for Additional Provisions INTEREST RATE= MATURITY DATE~ Registered Ownar: Principal Amount= DATED DATE= CUSIP~ DOLLARS KNOW ALL MEN BY THESE PRESENTS that the City of McCall, Valley County, Idaho (the "City"), for value received, promises to pay from the "City of McCall General Obligation Bonds, Series 1989, Bond Fund" (the "Bond Fund") created by Ordinance No. 553, adopted on July 13, 1989 (the "Bond Ordinance.), to the registered owner identified above, or registered assigns, on the maturity date specified above, the principal sum indicated above, and to pay interest thereon from the aforesaid Bond Fund from 1, 19 , or the most recant data to which interest has been paid or duly provided for, at the rate par annum specified above, payable on 1, 19__, and semiannually on each firs=and first thereafter, until the data of maturity or prior redemption of this Bond. Both principal of and interest on this Bond are payable in lawful money of the United States of America to the registered owner hereof whose name and address shall appear on the registra- tion books of the City ~aintained by the Corporate Trust Department of Wast Cna Bank, Idaho, N.A. (the "Bond Registrar"), in Boise, Idaho. Interest shall ba paid to the registered owner whose name appears on the Bond Register on the fifteenth day of the calendar month next preceding the interest payment date, at the address appearing on the Bond Register, and shall be paid by check or draft of the Bond Registrar mailed to such registered owner on the due date at the address appearing on the Bond by such registered owner to the Bond Registrar. Principal shall be paid to the registered owner upon presentation and surrender of this Bond at the principal corporate trust office of the Bond Registrar, on or after the data of maturity or prior redemption. Reference is hereby made to additional provisions of this Bond set forth on the reverse side hereof, and such additional provisions shall for all purposes have the sams affect as if sat forth in this space. This Bond shall not be valid or become obligatory for any purpose or ba e~titlad to any security or benefit under the Bond Ordinance until the Certificate of Authentication hereon shall have been manually signed by the Bond Registrar. IT IS HEREBY CERTIFIED AND DECLARED that all acts, conditions, and things required by the Constitution and statutes of the State of Idaho to exist, to have happened, bean dona, and performed precedent to and in the issuance of this Bond have happened, been dona, and performed, and that the issuance of this Bond and the Bonds of this issue .does not violate any Constitutional, statutory, or other limitation upon the amount of bonded indebtedness that the City may incur. IN WITNESS WHEREOF, The City of McCall, Valley County, Idaho, has caused this Bond to be executed by the facsimile signatures of the Mayor and City Treasurer, to bo attested by the facsimile signature of its City Clerk, and a facsimile of the seal of the City to be imprinted hereon, as of this first day of 1989. ' CITY OF McCALL Valley County, Idaho ffacsimile sianaturel Mayor COUNTERSIGNED: ffacsimile sianature] Treasurer ATTEST: rfacsimile sicnature] City Clerk [FACSIMILE SEAL] CERTIFICATION OF AUTHENTICATION Date of Authentication: This Bond is one of the City of McCall General Obligation Bonds, Series 1989, dated as of 1, 1989, described in the within-mentioned Bond Ordinance. WEST ONE BANK, IDAHO, N.A., as Bond Registrar By:, Authorized Officer CReverse Side of Bond] ADDITIONAL BOND PROVISIONS This Bond is one of a duly authorized issue of Bonds of like date, tenor, denomination and effect, except for variations required to state numbers, rates of interest, and dates of maturity, aggregating $1,100,000 in principal amount. The Bonds are issued pursuant to and in full compliance with the constitution and statutes of the State of Idaho, particularly Sections 50-1019 through 50-1026A, inclusive, and Title 57, Chapters 2 and 9, Idaho Code, and proceedings duly adopted and authorized by the City Council of the City acting for and on behalf of the City, more particularly the Bond Ordinance, and also pursuant to the legal authorization of a Special Election duly noticed, held, and conducted within said City on June 6, 1989. The full faith and credit of the City have been pledged for the punctual and full payment of the principal and interest on this Bond and the Bonds of this issue. The Bonds are payable from ad valorem taxes levied and to be levied upon all the taxable property within said City without limitation as to rate or amount. It is hereby certified by the City that ~hs whole indebtedness of said City, including this issue of Bonds, does not exceed any limitation of indebtedness fixed by the Constitution or statutes of the State of Idaho, and that all things necessary to the validity of this issue of Bonds have existed, and do exist, and ~hat all things requisite to such validity have been accomplished and have been done and fulfilled prior to and in the issuance of this Bond. Bonds maturing On or before 1, 19 , are not subject to call or redemption prior--~heir stat--te~' dates of maturity. TheCity'"hae 'reeervedthe right to redeem any Bonds maturing on or after 1, 19 , on any interest payment date on or after 1, 19__~in whole or in part, in inverse order of maturity (and by lot selected by the Bond Registrar within a maturity), at a redemption price of % of par, plus accrued interest to the date of redemption. Notice of any intended redemption shall be given by mailing of notice to the Registered owner of any Bond being called for redemption not less than thirty nor more than forty-five days prior to the redemption date by first class mall, postage prepaid, at the address appearing on the Bond Register. The requirements of the Bond Ordinance shall be deemed to bo complied with when notice is mailed as herein provided, regardless of whether or not it is actually received by the owner of such Bond. Interest on all of s~ch Bonds so called for redemption shall cease to accrue on the specified redemption date unless such Bond or Bonds so called for redemption are not redeemed upon presentation made pursuant to such call. The Bonds are issued for the purpose of providing funds to pay the costs of capital improvements for the acquisition and improvement of land for recreational facilities, as more fully described in the Bond Ordinance. The Bonds are issued in fully registered form in the denomi- nation of $5,000 each or integral multiples thereof. This Bond is transferable by the registered owner hereof in person, or by his attorney duly authorized in writing, upon presentation and surrender of this ~ond at the principal corporate trust office of the Bond Registrar.' Upon such transfer, a new Bond, of the sams denomination, maturity, and interest rate, will be issued to the transferee, in exchange therefor. Reference is hereby made to the Bond Ordinance for the covenants and declarations of the City and other terms and conditions under which this Bond and the Bonds of this issue have been issued. The covenants contained herein and in the Bond Ordinance, may be discharged by making provision, et time, for the payment of the principal of and interest on thi~ny Bond in the manner provided in the Bond Ordinance. 6O The City and the Bond Registrar may deem and treat the registered owner hereof as the absolute owner hereof for the purpose of receiving payments of principal hereof and interest due hereon and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. LEGAL OPINION It is hereby certified that the following is a true end c~mplete copy of the legal opinion of Lindsay, Hart, Nell & Weigler, of Boise, Idaho, which opinion was dated the date of delivery of and payment for the Bonds described therein, an original of which was delivered to me on said date, and is a part of the permanent records of the City of McCall, Idaho. CITY OF McCALL Valley County, Idaho [facsimile signature] City Clerk [ INSERT LEGAL OPINION OF LINDSAY, HART, NEIL & WEIGLER ] The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UNIF TRFS MIN ACT ..................... in common (Cust) (Minor) TEN ENT -- as tenants under Uniform Transfer to Minors by the entireties Act .............................. (State) JT TEN -- as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used although not in the above list. ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto Name of Transferee: Address: Tax Identification No.. the within Bond and hereby irrevocably constitutes and appoints of to transfer said Bond on the books kept for registration thereof with full power of substitution in the premises. Dated: SIGNATURE GUA/~TEED: Registered Owner NOTE: The signature on this Assign- ment must correspond with the name of the registered owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. Bank, Trust Company or Member Firm of the New York Stock Exchange Authorized Officer NOTICE OF SALE CITY OF McCALL VALLEY COUNTY, IDAHO GENERAL'OBLIGATION BONDS, SERIES 1989 PRINCIPAL A/~OUNT $1,100,000 NOTICE IS HEREBY GIVEN that sealed bids will be received until P.M., Mountain Daylight Time, on , , 1989 at the office of the City Clerk of the City of McCall, Valley County, Idaho (the "City"), for the above issue of City of McCall General Obligation Bonds, Series 1989, in the principal amount of $1,100,000 (the "Bonds"). The bids will be publicly opened, examined, and declared at a meeting by ~he City Council of the City at P.M. on said date. The Bonds will be in the denomination of $5,000 each or integral multiples thereof, will be dated 1, 1989, will bear interest at a rate or rates not exceeding percent ( %) per annum, payable semiannually, and will be due serially on 1 in the years and amounts as follows: Year Amount Bonds maturing on or before 1, 19 , are not subject to call or redemption prior to their stated dates of maturity. On any interest payment date on or after 1, 19 , at the election of the City, the Bonds maturing on or after 1, 19 , shall be subject to redemption, in .whoie or in part, in--l-~erse order of maturity (and by lot · selected by the Bond Registrar within a maturity), upon notice as hereinafter provided, at a redemption price of % of par, plus accrued interest to the date of r~emp~ion. Notice of redemption of any Bonds shall be given by mailing of notice to the Registered Owner of any Bond being called for redemption not less than thirty nor more than forty-five days prior to the redemption date at the address shown on the Bond Register, or at such other address as may be furnished in writing by such Registered Owner to the Bond Registrar. The Bonds so called for redemption shall cease to accrue interest on the specified redemption date, provided funds for such redemption are on deposit at the place of payment at such time, and shall not be deemed to be outstanding as Of such redemption date. Ail bids must be accompanied by a good faith deposit in the amount of $55,000. Interest will not be allowed on the good faith deposit. The approving legal opinion will be furnished by the law firm of Lindsay, Hart, Neil& Weigler, Boise, Idaho. Copies of the Official Statement and Notice of Sale and other related information with respect to said Bonds may be obtained from the Public Finance Department of West One Bank, Idaho, N.A., Boise, Idaho, telephonel (~08) 383-7240, or the City Clerk, telephone (208) 634-7142. Dated this day of , 1989. NOTICE OF CITY OF McCALL Valley County, Idaho GENERAL OBLIGATION BONDS, SERIES 1989 PRINCIPAL AMOUNT $1,100,000 NOTICE IS HEREBY GIVEN that the City Council of the City of McCall, Valley County, Idaho, will, up to__ P.M. on , , 1989 receive, at the regular meeting place of the City, City Hall, McCall, Idaho, sealed bids for the purchase of "City of McCall General Obligation Bonds, Series 1989." The bids will be publicly opened, examined, and declared at a meeting of the City Council of the City at __ P.M. on said date. ISSUE: The Bonds, designated "City of McCall General Obligation Bonds, Series 1989" (the "Bonds"), will be issued in the aggregate principal amount of $1,100,000, will be in the denomination of $5,000.00 each or integral multiples thereof, and will be dated 1, 1989. MATURITY: The Bonds will mature on first in the amounts and years as follows= Maturity Date Principal Amoun~ INTEREST: CALLABLE: DEFEASANCE: PAYABLe: The Bonds will bear interest from their date at a rate of not to exceed __ percents( %) per annum, payable on ' 1, 19-~l~'~'ft and semiannually on each and first ~hereaftsr, to their respective dates-of maturity or prior redemption. Bonds maturing on or before. 1, 19 , are not subject to call or redemption prio~--~o their stated dates of maturity. On any interest payment date on or after 1, 19 , at the election of the City, the Bonds maturin-~--~n or after 1, 19__, shall be subject to redemption, in whole or in part, in inverse order of maturity (and by lot selected by the Bond Registrar within a maturity), upon notice as hereinafter provided, at a redemption price of __% of par, plus accrued interest to the date of redemption. Notice of redemption of any Bonds shall be given by mailing of notice by the. Bond Registrar to the registered owner of any Bond being called for redemp~ion not less than 30 nor more than 45 days prior to the redemption date, by first class mail, at the address appearing on the Bond Register. Bonds so called for redemption shall cease to accrue interest on the specified redemption date, provided that funds for much redemption are on deposit at the place of payment at such time, and shall not be deemed to be outstanding as of such redemption date. In the event that money or direct obligations of, or obligations guaranteed by, the United States of America, maturing or having guaranteed redemption prices at the option of the owner at such times and bearing interest to bm earned thereon in such amounts as are sufficient (together with any resulting cash balances) to redeem and retire the Bonds in accordance with their terms, mrs..hereafter irrevocably se~ aside in a special account and pledged to effect such redemption and retirement, than the City shall not be required to make further payments into the Bond Fund for the payment of the principal of and interest on the Bonds, and such Bonds and interest accrued thereon shall then cease to be entitled to any lien, benefit, or security of the Bond Ordinance ~ther than the right to receive the funds so set aside and pledged, and such Bonds and interest accrued thereon shall no longer be deemed to be outstanding. The principal of end interest on the Bonds are payable in lawful ~oney of the United States of America to the registered owners thereof, whose names and addresses shall appear on the Bond Register of the City. Payment of each installmen~ of interest on the Bonds will be made to the registered owner of each Bond appearing as such on the Bond Register of the City on the fifteenth day of the calendar month next preceding the interest payment date, and will be paid by check or draft of the Bond Registrar mailed to such registered owner on the due date at the address of such registered owner as it appears on the Bond Register, or at such other address as may be furnished in writing by such registered owner to the Bond Registrar. Principal' of each Bond will be paid to the registered owner thereof .upon presentation and surrender of such Bond at the principal corporate ~ruet o~fice..og the Bond Registrar, on or a~ter the AWARD: The Bonds will be awarded to the best bidder considering interest rate or rates specified and any premium bid. The best bid will be determined by deducting ~he amount of any premium from the total of interest which the City will be required t? pay from the data of the Bonds to their respec- tive maturity dates at the rate or rates specified in the bid, and the award will be made on the basis of th& lowest net interest cost to the City for said Bonds. SPECIFICATIDN Bidders must specify the rate or rates of interest OF INTEREST: which the Bonds herein offered for sale shall bear. Bidders will be permitted to bid different rates of interest. The maximum di~ferential between the highest and lowest rate shall not exceed three percent (3%) per annum. All the Bonds of this issue maturing at the same time shall bear the same interest rate. FORM OF BID: Each bid for the Bonds must be unconditional and for not less than all of the Bonds herein offered for sale. Each bid must state the price to be paid for the Bonds and the rate or rates of interest to be borne by the Bonds. Each Bidder agrees by the submission of · bid to pay accrued interest from the date of the Bonds to the date of delivery. Bids for the Bonds shall be identified'as follows: BID FOR $1,100,000 CITY OF McCALL GENERAL OBLIGATION BONDS, SERIES 1989 Each bid must be enclosed in a sealed envelope addressed to the City Clerk Of the City of McCall, City Hall, McCall, Idaho 83638, and marked as above indicated. · "BID SECURITY: Ail bids shall be accompanied by a good faith deposit in the amount of $_________, evidenced by a bank caehier~s check or oertifie~check payable to the Treasurer of the City of McCall, which deposit shell be security for the performance of such bid and shall be held as liquidated damages in the event the successful bidder falls to pay for the Bonds upon delivery. Interest will not be allowed on the good faith deposit. RIGHT OF The City reserves the righ~ to reject any or REJECTION: all bids and to waive, to the extent permitted by law, any irregularity or informality in any bid. PROMPT AWARD: The City will take action awarding the Bonds or rejecting all bids not later than the end of the meeting of the City Council on , 1989. PROMPT The Bonds are expected to be ready for delivery to DELIVERY: the purchaser on or about , 1989. The purchaser shall have th& right to cancel the contract of purchase if the City fails to execute and tender the Bonds for delivery within sixty (60) days from the date of sale. REGISTRATION: Prior to the delivery of the Bonds, they shall be registered by the Bond Registrar in the Bond Register. PLACE OF The Bonds will be delivered to the purcha~'er in DELIVERY: , Idaho, or, at the expense of the purchaser, at any other place agreed to by the City Council of the City. CUSIP: CUSIP identification n~mbers may be printed upon the Bonds at the option of the purchaser, but neither the failure to print such number on any Bond nor an error with respect thereto shall constitute cause for a failure or refusal by the purchaser to accept delivery of and pay for the bond~, i~... a¢oor~a~?~_~!t__h ..~h~ terms of his bid. Requesting the assignment of CUSIP numbers, expenses related to the printing of CUSIP numbers on the Bonds and the CUSIP Service Bureau charge for the assignment of numbers, shall be the responsibility of and shall be paid by the purchaser. PAYMENT: Paymen~ for ~he Bonds mue~ be made in Federal Reserve Bank funds or other funds acceptable and immedia~aly available to the City. Any expense of making funds immediately available, whether by transfer of Federal Reserve Bank funds or other- wise, shall be borne by the purchaser. AUTHORITY: The Bonds ars issued pursuant to the applicable rovlsions of Section 50-1019 through 50-1026A, ncluslve, and Title 57, Chapters 2 and 9, Idaho Code. SECURITY: The Bonds are general obligations of the City, and are payable from the proceeds of ad valorem taxes on all taxable property Within said City to be levied without limitation as to rate or amount. LEGAL OPINIOn: The legal opinion of Lindsay, Hart, Nell & Wslgler, of Boise, Idaho, approving the validity of the Bonds, will be provided without charge to the purchaser at the time of delivery of the Bonds and will be printed on the Bonds. Fees Payable to Linde&y, Hart, Nail & Weigler as Bond Counsel are payable solely from the proceeds of the Bonds~ hence, such fees are necessarily contingent upon the successful implementation and funding of the Project. 64 TAX-EXEMPT~ NO LITIGATION: OFFICIAL STATEMENT: COPIES: DISCLOSURE STATEMENT: In the opinion of Bond Counsel, interest on the Bonds is excluded from gross income for purposes of federal income taxation under present statutes, court decisions, and regulations (except for certain minimum taxes), and is excluded from gross income for purposes of taxation by the...Stats of Idaho. 'In ~he event that, prior to the delivery of the ~onde, the income received by private holders from bonds of the same type and character shell be declared to be taxable under federal income tax . laws, either by ~he ~e~, of such laws or by ' ruling of a federal ~come tax authority o= official whi~ il followed by the Internal Revenue Se~lce or i decision of any federal ~our~, the purcha~...~Z~..l~ ~t option of ~he purchaser, prior ~o ~e ~ende= o~ ~e Bonds by ~e City, be relieved of the obligatio~ under the contract to purchase ~he Bonds. A cer~ificate ~a~ ~he Bonds are no~ arbitrage bonds within the meaning of Section 148 o~ the Internal Revenue Code of 1986 will be provided to the purchaser at ~e time of delivery of the Bo~ds. BANK PURCHASE: The City has designa~ed the Bonds as "qualified tax-exemp~ obligations" pursuant to Sectio~ 265(b) (3) of the Internal Revenue Code of 1986. There is nO litigation pending concerning ~e validity of the Bonds, the organization of the City, or the title of its officers to their respec- tive offices, and the City will provide a certifi- cate to the foregoing as of ~he time of the delivery o~ the Bonds. The Official Statemen~ of t~e City, together wi~h any appe~dices thereto, is prepared to provide further info~a~ion ~aterial to ~he Bonds, and par~ of this Notice of Sale as if se~ forth herein in full. Copies of ~his No~ice of sale and the financial advisor, the ~lio Finance Departmen~ of Wes= One Ba~, Idaho, N.A., 101 South Capitol Boule~rd, P.O. Box 8247, Boise, Idaho 83733, Telephone No. (208) 383-7240, or from ~he Clerk o~ the City, Cl~y Hall, McCall, Idaho 83 ~elephone~ (208) 266-1315. Upon re~es~, a reasonable nu~er of copies of No~lce of Sale and ~e Official Statement will provided by the City withou~ oos~ to the purchaser. .. The City will deliver ~0 the purchaser ~ .the tially to the effec~ ~hat ~he facts contained ~is Notice o~ Ball and ~he Official Statement and any supplemen~ or amen~en~ thereto were, at the time of the award of the Bonds~ and are, ms of the date of delive~ of the Bonds, ~rue and correo~ all material respects and tha~ the Notice of and the Offioial Stmtemmn~ did not, and do not, contain any untie statement or omit to state DATZD ~ , 1989. CITY OF MO~ Valley C~unty,. Idaho ~aso£ut$on £~-~; 'a' ~-~y o~ Ur~Lrmnce bb3, was pres~ted. t es~%ted. ~. ~~ ~ed to s~p~ ~ ~e re~'~ ~e ~~e be r~d ~ ~ sep~ate occult. ~C~,' V~~ ~ Wallace voted "Aye" ~d Fz. McCarty moved to 'adopt Ordinance 554, Mr. VanKomen seconded and on a roll call yore, Councilmen McCarty, V'anKou~n and Wallace voted "Aye" and the motion carried.. · · ORDINANCE NO, 554 ?i!~c ~, AN ORDINANCE OF THE CITY OF McCALL, IDAHO, AUTHORIZING THE ISSUANCE AND SAL~ OF I~VENUE BONDS IN THE PRINCIPAL AMOUNT OF $450,000 TO PAY THE COST OF CONSTRUCTION A~D INSTALLATION OF CERTAIN PUBLIC GOLF COUleE IMPROVF/~ENTS! DESCRIBING SAID BONDSl SPECIFYING THE DATE, FORM, MATURITIES, I~EGISTRATION, AND AUTHEN- TICATION OF SAID BONDSI FIXING THE MAXIMUM RATE OF INTEREST ON SAID BONDSl ESTABLISHING THE DATE, TIME, AND PLACE OF SALE OF SAID BONDS~ PROVIDING FOR THE COn?.~CTION AND DISPOSITION OF i~EVENUE~ ESTABLISHING FUNDS AND ACCOUNTS~ PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS~ PROVIDING 'OTHER COVENANTSI AND PROVIDING FOR OTHER MATTERS RELATING THERETO WHEREAS, the City of McCall, of Valley County, Idaho (the !'City"), is a municipal corporation duly organized and existing under the laws of the State of Idaho~ and WHEREAS, the City is authorized and'empowered by Article 8, Section 3, of the Idaho Constitution and by Idaho Code Sections 50-1027 through 50-1042 (the "Revenue Bond Act') to issue revenue bonds to finance all or pert of the cost of acq~isition, construction, and installation of recreational facilities of the City~ and WHEREAS, the City Council (the "Council") of the City, by adoption of Ordinance No. 545 on April 13, 1989, ordered a bond election to be held within the City on June 6, 1989, for the submission to tho qualified electors of the City the question of whether or not the City should bo authorized to issue its revenue bonds in an amount not to exceed $450,000 in order to provide funds for certain capital ~provements and betterments to the public golf course of the City! end WHEREAS, the requisite two-thirds majority of the qualified electors of the City, voting at said special bond election of June 6, 1989, authorized the issuance of revenue bonds Zor such purpose in the amount of not more then $450,000. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, as followsl Sectio~ 11 DEFINITIONS As used in this Ordinance, the following words shall have the following meaninge~ A. Acauisit~o~ or Acouire includes the opening, laying out, establishment, pur~a~.~, const=uot~o~, .seOuring, installation, reconstruction, lease, gift, grant from the Federal Government, the State, any public body ~herain or any person or entity, the condemnation, transfer, option to purchase, other contract, or other acquirement, or any combination thereof. B. Bonds means t~e principal amount of $450,000 City of McCall Recreational Revenu~ Bonds, Series 1989, herein authorized to be issued, sold, end delivered. C. Bond Fund means the "City of McCall Recreational Revenue Bond Fund" created by Section 14 of this Ordinance. '' D. Bond Reaiete~ means the registration books on which are maintained the names and addresses of the owners or nominees of the owners of the Bonds. E. Bond Reaistra~ means the bond registrar, transfer agent, and authenticating and paying agent appointed and designated in Section 6 of this Ordinance. F. Capital Improvement Fu~ means the "City of McCall Golf Course Capital Improvement l~nd' created by Section 12 of this Ordinance. G. ¢it~ means ~he City of McCall, Valley County, Idaho. H. City Cler~ means the de facto or de Jure Clerk of the City, or other officer of the City who is the oustodia~ of the seal of the City end of the records of the proceedings of the City, or his/her successor in functions, if any. .. I. cost of Pro4ec2 or any phrase of similar import, means ..~.all or any part designated by the Council of the costs of the *'" Project, or ~ntereet therein, which costs, et the option of the Council, may include all or any pert of the incidental costs pertaining to the Project, including, w~thout funds available for the use therefor, cr from any other source, with approval cf the Council, cr any combination thereofl (2) The ocste of making surveye, audits, preliminary plans, other plans, epeoifioatione, estimatee of coste and other preliminaries~ (~) The costs of appraising, printing, estimates, advice, services of engineers, architects, financial consultants, attorneye at law, clerical help, or other agents or employeee~ (4) The costs of oontingenoies~ The--~stsof the issuance of the Bonds~ (6) The coets of funding any ehort-term financing, bond anticipation notes, a~.d other temporary loans Pertaining to the Project and of the incidental expenses incurred in con- nection with such loans~ (7) The coste of any properties, rights, easements, or other interest in Properties, or any licenses, privileges, agreements and frmnchises~ end ~S~ .Ail other expenses neceseary or desirable and apper=axnlng to the Pro, eot, as estimated or otherwiee ascertained by the Council. J. Council means the City Council of the City° K. Estimated Net Revenues means, for any year, th~ estimated Revenues of the Facility for such year loss tho estimated Operation and Maintenance Expenses for such year, based upon estimates prepared by an independent public accountant approved by the City. In computing Estimated Net Revenues, Revenues of the Facility may be adjusted es necessary to reflect any changed schedule of rates and charges. L. Facility means the public golf course facility of the City, as the same now exists, including its assets, real and personal, tangible and intangible, ee it may later be added to, extended, and improved by the Project or otherwise, end shall include greens, fairways, buildings, structures, end other income producing golf course facilities from the operation of or in connection with which the revenues from which the payment of the Bonds to be issued hereunder will be derived, and all lands appertaining thereto, including, without limitation, any Improve- ment to be acquired with the proceeds of the Bonds. M. Improvement or Improve includes the construction, extension, widening, lengthening, betterment, alteration, reconstruction, or other major improvement, or any combination .=hereof, of any properties pertaining to the Project or an interest therein, but does not mean general maintenance or repair. N. Mayor means the de facto or ds Jure Mayor of the City, or his/her successor in functions, if any. O. Net Revenues means Revenue of the Facility after the deduction of Operation and Maintenance Expenses. P. Operation and Maintenance ExDen~s or any phrase of similar import means all reasonable and necessary o~rre~t expenses cz =he City, paid or accrUed, Of operating, maintaining, and repairing the Facility or of levying, collecting, end otherwise administering the Net Revenues for the payment of the Bonds~ and the term includes (except as limited by contract or otherwise limited by law) without limiting the generality of the foregoing= (1) Engineering, auditing, reporting, 15gal, and other overhead expenses of the various City departments directly relating and reasonably allocable to the administration of the Facility~ (2) Fidelity bonds end property end liability insurance premiums appertaining to the Facility, or a reasonably allocable share of a premium of any blanket bond or policy pertaining thereto~ (3) Payments to pension, retirement, health, and hospitalization funds and other insurance~ (4) Any taxes, assessments, excis~ taxes, or other charges which may be lawfully imposed on the City, the Facility, revenues therefrom, or any. privilege in connection with their operatton~ (5) The reasonable charges of the' bond registrar, fiscal or paying.agent, commercial bank, trust bank, or other depository bank appertaining to the Bonds issued by the City or appertaining to the Project, if any~ (6) Contractual services, professional services, salaries, other administrative expenses, and the cost of materials, supplies, repairs, and labor, appertaining to the issuance of the Bonds end to the ordinary operation of the Facility~ and (7) All other administrative, general, and commercial expenses. Q. Pro4ect means the golf course improvement project described in Section 2 of this Ordinance. R. Reaistered Owner means the purchaser or purchasers of the Bonds and any subsequent transferee or transferees of the Bonds. S. Reserve Fund means the "City of McCall Recreational Revenue Bonds, Series 1989, Debt Service Reserve Fund" created by Section 15 of this Ordinance. T. Revenue Fund means the "City of McCall Golf Course Revenue Fund" created.by Section 13 of this Ordinance. U. Revenue of the Facility means all revenues received by the City from its Facility and may include, at the discretion of the City, moneys derived from one, all, or any combination of revenue sources appertaining to the Facility, including, without limitation, rates, charges, rents, fees, and any other income derived from the operation or ownership of, the use of services of,. or the availability of or services appertaining to, or other- wise derived in connection with, the Facility or all or any part of any property appertaining to the Facility. V. Treasurer means the de facto or de Jure Treasurer of the City, or his/her successor in functions, if any. section 2= THE PROJECT A. Pro4ect Description. The golf course improvement project consists of the acquisition, construction, and installa- tion of_lmp_r.o.vements .an.d. betterments to the City's public golf course raclll~y, consls=xng' generally of the construction and equipping of a new golf course caddy house, cart storage facilities, landscaping, end related golf course improvements, architectural, legal, and fiscal advisory fees, administrative costs, end ell other costs inoi.dentel thereto (the "Project"). B. Pro4ect Cha~gg~. The Council may make changes in the Project prior to or in the course of actual construction, provided sug.h changes ere found necessary and desirable by the Council and .... that such changes do not e~bstantially affect or alter the plans or the cost of the Project. C. Costs. The costs and expenses of construction and installation of the Project in the amount of $450,000 will be paid from the issuance and sale of the Bonds, hereinafter described, authorized to be issued at a special election held within the City on June 6, 1989. ~ec=lon~= BONDS AUTHORIZED Fully registered recreational revenue bonds of the city, designated "City of McCall Recreational Revenue Bonds, Series aggr.gat, principal amount of to be issued, sold, and delivered pursuant to the Revenue Bond Act of the State of Idaho, the same being Sections 50-1027 through 50-1042, Idaho Code. The Bonds shall be in denominations of $5,000 each or integral multiples thereof, shall be dated October 1, 1989, shall be issued only in fully registered form, shall be payable in order of maturity, and shall be substantially in the form set forth in Exhibit "A" which ia annexed hereto and by reference incorporated herein.. The Bonds shall bm numbered separately in a consecutive series, in-~_~M~r~.and wi~--~l~tional designation' as the Bond Registrar deems necessary for the purposes of identific Int.r..t on th. Bond..hall b. oalculat.d on th. ba.i. of day year and twelve 30-day months. The Bonds shall mature on October first of each year in the amounts set forth in the following schedule~ Maturity Dat~ ~r~nc~Dal Amou~ October 1, 1990 $ 15,000 October 1, 1991 20,000 October 1, 1992 20,000 October 1, 1993 20,000 October 1, 1994 25,000 October 1, 1995 25,000 October 1, 1996 25,000 October 1, 1997 ~0,000 October 1, 1998 ~0,000 October 1, 1999 35,000 October1, 2000 35,000 October 1, 2001 40,000 October 1, 2002 . 40,000 October 1, 2003 45,000 October 1, 2004 45,000 The Bonds shall bear interest at a net effective rate of not to exceed nine percent (9.0%) per annum or at an lees rates as shall be stated 4- ~ ........ Y er rate or ~- ~ ~u~oees=ul Did reposed for the semiannually on each October first and April f/~st thereafter, Bonds, which interest shall be payable on Apr 1, 1990, and until their respective dates of maturity or prior redemption. Bidders. will be permitted to bid different rates of interest. The maximum differential between the highest and lowest rate shall not exceed three percent (3.0%) per annum. All Bonds maturing at the same time shall bear the same rate of interest. None of the Bonds shall be sold at less than par plus accrued interest, nor shall any discount or commission be paid to the purchaser of the Bonds. Section ~ PLACE AND MANNER OF PAYMENT Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America to the Registered Owner thereof whose na~e and address appear on the Bond Register maintained by the Bond Registrar. Pay~m_ent of each installment of interest on the Bonds shall be made on kts semiannual due date to the Registered Owner whose name appears on the Bond Register on the 15th day of the calendar month next preceding the interest payment date, at the address appearing on the Bond Register, and shall be paid by check or draft of the Bond Registrar mailed to such Registered Owner on the due date at suc~h., address,, or.t~._S~Ch Other address es may be furnished in writing by such Registered Owner to the Bond'Registrar, Interest shall be calculated on the basis of a 360-day year and twelve 30- day months. Principal of the Bonds shall be payable to the Registered Owner upon presentation and surrender of the Bonds on the date of maturity or prior redemption, at the principal corporate trust office of the Bond Registrar. Sectlo~ }~ EXECUTION OF BONDS The City shall cause the Bonds to be prepared, executed, authenticated, and delivered. The Bonds shall be lithographsd or · printed with engraved or lithographed borders. The Bonds shall be signed by the Mayor, countersigned by the Treasurer by the City Clerk ~all -~ ~ ......... ! and attested and t~ ------~- ~ .~ ~ a}~nauu~es sna~l ~e ~y facsimile ~h Bonds shall then bs '--'---~ ~al}_be_tm~rinte~ thereon. entication. ~--~-~u ~o Erie Bond Registrar for Until the Bonds are prepared, the City may, if deemed .mporery bond which .hall b. ~m ~n, anu wnLc~ sna~ ~e ae~lvered to the purchaser of the Bonds in lieu of definitive bonds, subJeot to the same provisions, limitations, and conditions as the Bonds. The temporary bond shall be dated as of the date of the Bonds, shall be in the denomination of $450,000, shall be numbered T-l, shall be substan~ially of the tenor of the Bonds, but with such omissions, insertions, and variations as may be appropriate to temporary bonds, and shall be manually signed by the Mayor, the Treasurer, the City Clerk, and the Bond Registrar and shall have the seal of ~he City impressed thereon. In case any of the officers who shall have signed or counter- signed any of the Bonds shall cease to be such officer or off,cars of the City before the Bonds so signed or countersigned shall have been au=hen=lcated or delivered by the Bond Registrar, orissusd by the City, such Bonds may nevertheless be authenticated, delivered, and issued and, upon such authentication, delivery, and issue, shall be as binding upon the City as though those who signed and countersigned the same had continued to be such officers of the City. Any Bond may also be signed and countersigned on behalf of the City by such persons as at the actual date of execution of such bonds shall be the proper officers of the City although a~ the original date of such Bond any such person shall not have been such officer of the City. Only such of the ~onds as shall bear thereon a certificate of authentication in the form set forth in Exhibit "A," manually executed by ~he Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this Ordinance, and such certificate of authentication shall be conclusive evidence ~hat %he Bonds so authenticated have been duly executed, au~henticated, and delivered hereunder and ere entitled to the benefits of this Ordinance. ~ection 65 BOND REGISTI~AR The Corporate Trust Department of West One Bank, Idaho, N.A., Boise, Idaho, is hereby appointed es bond registrar, transfer agent, and authenticating and paying agent, and is herein referred to as the "Bond Registrar." The Bond Registrar shall keep, or cause to be kept, at its principal corporate trust office, sufficient books for the registration and transfer of the Bonds which shall et all times be open to inspection by the City. The Bond Registrar is authorized, on behalf of the city, to authenticate and deliver the bonds transferred or exchanged in accordance with the provisions of the Bonds and this Ordinance and to carry out all of the Bond Registrar's powers and duties under this Ordinance. The Bond Registrar shall be responsible for its representations contained in the certificate of authentication on the Bonds. The Bond Registrar may becom~ the owner of the Bonds with ~he same rights as it would have if it were not the Bond Registrar. The Bonds may be transferred only upon the books for the registration and transfer of bonds, upon the surrender thereof at the principal office of the Bond Registrar, together with a form of transfer duly executed by the Registered Owner or his attorney duly authorized in writing, et~bstantially in the form set forth in the form of bond referred to in Section 3 hereof. Upon the transfer of any bond, there shall be issued in the name of the transferee or transferees a new fully registered bond or bonds of any authorized denomination or denominations and of the same maturity and interest rate, and of the s~me aggregate principal amount, as the surrendered bond. The new bond or bonds shall bear the same date as the date of the surrendered bond, but shall bear interest from the im~ediately preceding interest payment date to which interest has been paid or fully provided for. The Bond Registrar shall not be required to exchange or transfer any bond within fifteen (15) days of an interest payment date or, in the case of any redemption of bonds, within fifteen (15) days of the redemption date. This Section is intended to provide the system of registra- tion required by Chapter 9, Title 57, Idaho Code. Section 7:. DEFEASANCE AND REDEHPTION In the event ~hat money ~r direct obligations of, or oblige- having guaranteed redemption prices at the option of the owner at such times and bearing interest to be earned thereon in such ~m?unts a? are. suffi?ient (together with any resulting cash balances) ~o remsem ama retire the Bonds in accordance with their terms, ars hereafter irrevocably set abide in · special account and pledged to effect ouch redemption and retirement, then tho City shall not be required to make further payments into the Bond Fund for the payment of the principal of'and interest on the Bonds, and such Bonds and interest accrued thereon shall then cease to be entitled to any lien, benefit, or security of the Bond Ordinance other than the right to receive the funds so set aside and pledged, and such Bonds and interest accrued thereon shall no longer be deemed to be outstanding. Bonds maturing on or before October 1, 1997, shell not be subject to call or Yedemption prior to their stated dates of maturity. On any principal payment date on or after October 1, 1997, at the election of the City, Bonds maturing on or after October 1, 1998, shall be subject to redemption, in whole or in part, in inverse order of maturity (and by lot selected by the Bond Registrar within a maturity), upon notice es hereinafter provided, et par plus accrued interest to the redemption date. Notice of redemption of any Bonds shall be given by mailing of notice by the Bond Registrar to the Registered Owner of any Bond being called for redemption not less than thirty nor more .than forty-five days prior to the redemption date by first class mail, postage prepaid, at the address appearing on the Bond by such Registered Owner to the Bond Registrar. The foregoing requirements shall be deemed to be complied with when notice is mailed as provided herein, regardless of whether or not it is actually received by the owner of such Bond. The Bonds so called for redemption shall cease to accL~/e interest on the specified redemption date,'provided funds for such redemption are on deposit at the place of payment at such time, and shall not be deemed to be outstanding es of such redemption date. A copy of the notice of redemption of any Bonds shall else be sent to the original purchaser of the Bonds. Section ~= DATE OF SALE The Bonds shall be sold at p~blic sale on September 14, 1989. The Council shell meet &t 7~00 P.M., Mountain Daylight Time, on said date, at the usual meeting place of the Council, at City Hall, McCall, Idaho, for the purpose of receiving sealed bids for the purchase of the Bonds. The bids will be publicly opened, examined, and declared at such time and place, and considered at a meeting of the Council on said date. All bids shall be accompanied by a good faith deposit in the amount of $22,500, in the form of a cashier's check or certified check payable to the Treasurer of the City At s~id meetinu, tho Council shall accept the bid providing the lowest net interest cost to the City, and shall return tho deposits of all other bidders. ?0 Section 9= NOTICE OF SALE The notice of Sale annexed hereto as Exhibit "B"' and by this reference incorporated herein, is hereby approved. The Mayor and Clerk are hereby directed to execute the Notice of Sale on behalf of the City, and to call for bids for the sale of the Bonds, such bids to be received on the date specified in the resolution referred to in Section 9, all in the manner more particularly set forth in the Notice of Sale. The Notice of Sale shall be published in a newspaper of general circulation within the City once a week for three (3) successive weeks, the first publication being at least twenty-one (21) full days prior to the date of sale, counting the date of Publication as the first of such twenty-one days. The City's financial consultant is authorized and directed to cause a Notice of Sale and an Official Statement pertaining to the sale of the Bonds, upon prior approval of the Council, to be distributed to such municipal bond broker-dealers, such banking institutions~ and to such 9ther persons as may be interested in purchasing the Bonds herein offered for sale. The expanded Notice of Sale substantially in the form attached hereto as Exhibit "C" is hereby approved for use' in conjunction with the Official Statement. S~ction lQ= CHARGES The City has established, may from time to time revise, and shall maintain and collect fees and charges for the use of the public golf course Facility, which fees and charges shall be collected from the users thereof. Section 1~ PLEDGE OF REVENUES The Net Revenues of the Facility are hereby pledged for the payment of the Bonds, and shall be used and applied in the order of priority provided in Section 13 of this Ordinance. The City shall establish, maintain, revise as necessary, and collect charges sufficient, with other revenues received, to provide Net Revenues equal to not less than 1.20 times the average annual debt service o~ the Bonds. Section 12~ THE CAPITAL IMPROVF24ENT FUND There is hereby created a special fund and account known as the "City of McCall Golf Course Capital Improvement F~nd,, (the "Capital Improvement Fund"), into which shall be deposited all of the proceeds of the sale of the Bonds, to be used and applied for the payment of a portion of the cost and expense of the construo- __~i_0n and instal~9~ of ~_p~o~,~.~.D~lng the paymen~ of the p'rincipal of and interest on all outstanding bond anticipation notes or other interim financing, if any. Any interest earnings on moneys invested from the Capital Improvement Fund shall remain in and be used for the purposes of the Capital Improvement Fund. The City,s share of any liquidated damages or other moneys paid by defaulting contractors or their sureties will be deposited into said Capital Improvement Fund to assure the completion of the Prelect. When the Project has been completed and all costs related thereto, have been paid in full, any balance remaining in the Capital Improvement Fund shall be deposited into the Bond Fund described in Section 14 of this Ordinance. Section 1~1 THE REVENUE FUND There is hereby created a special fund, to be known as the "City of McCall Golf Course Revenue Fund', (the "Revenue Fund,,), which shall be maintained by the Treasurer and into which the Revenue of the Facility shall be deposited forthwith upon its A. ~se of Revenues. The Revenue of the Facility shall be used for the payment of'the following obligations in the following order of priority~ (1) First Charge and Llen~ The costs of Operation and Maintenance Expenses. (2) Second Charge and Lien~ The principal of and interest on the Bonds by payment into the Bond Fund, as provided in Section 14 of this Ordinance. (3) Third Charge and Lien~ To maintain the Debt Service Reserve Fund~ and (4) To administer surplus funds. B. Interest Earn~nc,. Interest earnings on de~osits in the Revenue Fund shall remai~ in and be used for the purposes of the Revenue Fund. C. SurPlus Fund~. Funds remaining in the Revenue Fund after having been applied to designated funds for the purposes provided in this section shall constitute surplus funds and may be used for the purposes set forth in Section 16 of this Ordinance. Section 1~ THE BOND FUND There is hereby created a special fund, to be known as the "City of McCall Recreational Revenue Bond.Fund. (the "Bond Fund"), into which shall be deposited, from Net Revenues, the following described revenues~ A At least twenty (20) days prior to each semiannual interest, or principal and ~ntereet, payment date, the Treasurer shall withdraw from the Revenue Fund and transfer to and deposit in the Bond Fund the amount necessary to pay the next maturing installment of ink, rest, or principal and interest (and redemption premium, if any) the Bonds. B. If the City for any reason ~quired deposit from the ~ ........... e~11 fail to make =ne deficiency shall ~.ii17~= f~u,~ae9 a9 amount equal Reserve Fund. ..-~ ~ae cone Fund out of the C. On the fifteenth business day immediately preceding each maturity date or interest payment date of the Bonds, the Treasurer shall pay out of the Bond Fund, to the Bond Registrar, the amount required for the interest, or principal and interest, as the case may Be, payable on such due date, and shall also pay the amount, if any, required for payment of redemption premium on any Bonds then to be redeemed. From the amounts so'paid from the Bond Fund, the Bond Registrar shall pay (i) on or before each interest payment date for any of the Bonds the amount required for the interest payable on such date; and (ii) on or before any redemp- tion date for the Bonds, the amount required for the payment of principal of, interest on, and redemption premium, if any, on the Bonds then to be redeemed. D. Interest earnings on deposits in the Bond Fund shall remain in the Bond Fund to be used for the purposes of the Bond Fund. section 15~ DEBT SERVICE RESERVE FUND A. Denosits. There is hereby created a special fund, to be known as the "City of McCall Recreational Revenue Bonds, Series 1989, Debt Service Reserve Fund" ( 't be maintained by the Treasurer. of the Bonds, there shall be transferred from the proceeds of the Bonds to the Reserve Fund a su~ equal to the lesser of (i) the maximum annual debt service on the Bonds or (ii) 125% of the average annual debt service on the Bonds, not to exceed 10% of the proceeds of the Bonds as provided in Section 148(d) of the Internal Revenue Code of 1986 (the "Reserve Requirement"), which sum shall be maintained as a debt service reserve fund for the Bonds until the Bonds have been paid in full. In no event shall the amount accumulated in the Reserve Fund exceed the Reserve Requirement. · ' ..... B. Deficiencies or Withdrawals. Whenever any moneys are '"' withdrawn from the Reserve. Fund to pay the principal of or interest on the Bonds, or if a deficiency exists in such Fund, the amount es withdrawn or the amount of such deficiency shall bo restored by monthly deposits from Net Revenues until there has been restored therein the gross amount provided heretofore in subdivision A of this Section. C. Refunding. In the event Refunding Bonds are ever issued, the amount sst aside into tho Reserve Fund to secure the payment of the Bonds may be used to retire bonds or may be held in the Reserve Fund to secure payment of the refunding bonds issued, to refund the outstanding refunding bonds, or may be held in the Reserve Fund to secure the payment of any other issue or series of bonds payable out of the Bond Fund and issued On a parity with tho Bonds. D. I~vestmente. %11 moneys in the Reserve Fund may be kept in cash or aepoeited in Lnstitutione permitted by law in an amount in each institution not greater than tho amount insured by any department or agency of tho United States Government, or may be invested and reinvested in any legal investment permitted for City moneys maturing not later than tho last maturity date of any outstanding bonds. Interest earned on shy such investment shall be deposited, directly as earned, into the Bond Fund. E. Reserve ~Eauivalen~. Tho City may, at its option, if additional funds are needed for completion of the Project, withdraw the funds within the Reserve Fund and substitute therefor an insurance policy or letter of credit issued by a municipal bond in~uranoe company or a commercial bank having a long-term debt credit rating, at the time the insurance policy or letter of credit is issued, of at least A as determined by Moody's Investors services, or its successor, in which the insurance company or co~mercial bank agrees unconditionally to provide the City with funds in an amount whloh equals the Reserve Fund requirement specified in Paragraph A hereinabove. Section 16~ SURPLUS FUNDS Funds remaining in the Revenue Fund after having been applied to or designated funds for the purposes provided in Section 13 of this Ordinance shall constitute surplus funds and may be used for any of the following purposesl A. To pay the costs of unusual or extraordinary maintenance of or repair to the B. To pay the principal of and interest on any subordinate lien obligations which may have been issued to provide golf course facilities in or fOr the City/ C. To improve, extend, enlarge, or replace any golf course 'D. To acquire. or construct additional golf course facilities in or for the City~ E. To call or redeem prior to their fixed dates of maturity any Bonds, parity bonds, or subordinate lien obligations issued to provide golf course facilities for the City; and F. For any other lawful purpose. section 17~ ADDITIONAL BONDS OR OTHER OBLIGATIONS A. Limitation Unon Issuance of Parity Obliaation~. Nothing contained in this Ordinance shall be construed in such to prevent the issuance by the City of additional bonds or other additional obligations payable from the Net Revenues on a parity with, but neither prior nor superior to, the lien of the Bonds ..he,sin &uthorized~ provided, however, that before any such additional parity bonds or other additional parity obligations are authorized or actually issuedt (1) The City is not, and has ngt been, in default as to any payments required by the provisions of this Ordinance for a period of not less than twelve (12) months immediately preceding the issuance of such additional parity bonds or other additional parity obligations. (2) The Net Revenues of the Facility for the past twelve (12) consecutive months immediately preceding the year of the issuance of such additional parity obligations shall have been sufficient to pay the Operation and Maintenance Expenses of tho Facility for said past twelve (12) months, and, in addition, sufficient so that the Net Revenues for such preceding year equal an amount representing at least 120% of the annual principal and interest requirements of the outstanding Bonds and any other obligations of the City payable from tho No~ Revenues of t/'te Faollity. ?1 (3) The Estimated Net Revenues of tns ~aciii=y for twelve-month period immediately succeeding uhe issuance of the bonds or other obligations proposed to be issued will be not less than 120% of the annual principal and interest requirements of the outstanding Bonds and any other oblige- ttons of the City payable from the Net Revenues of the Facility, plus the average annual Principal and interest requirements of the bonds or other obligations proposed to be issued. (4) A written certification by an independent public accountant approved by the City that the 120% Net Revs requirement of subsection (2~ above ..... hue . , a~u une 120% Estimated Net Revenues requirement of subsection (3) above, have been satisfied, shall be obtained and filed With the City, which certification shall be cOnclusively Presumed to be accurate in determining ~he right of ~hs City to authorize, issue, sell, and deliver said additional bonds or other additional obligations.on a parity With the Bonds authorized herein.. waive~5) The fgregoing limitations, or any of them, may be or modified by the written consent of the Registered Owners of not less than 75% of the Principal amount of the Bonds then outstanding.  . B. .~arit¥ Bonds to Complete pro, e%L In the eve ~:_~lus th? proceeds of the ..... ' .. _ nt grant ¢. ~ubord~nate L~en Bond . No provis or of any instrument appertainin~ thereto sh~f~ of this Ordinance be'deemed to limit or restrict the power of the City to issue bonds, notes or warrants, or to make pledges of the =evsn~es w subordinate as to the lien of the Bond an~ ~=,_=hich .shall be for compliance with the current provisions hereof.prior to the application of any funds to Said subordinate purpose. ~__~ .... P lty obligations sh.~ ..... respect to the re~una~ng outstanding revenue bond~: =~e zor the sole purpose Section !~= INVESTMENTS Surplus funds in any of the Funds est forth in this Ordinance may be invested in securities as Permitted by law. ~_9~_]~= GENERAL COVENANTs For the Protection and security of the Bonds, it is covenanted and agreed to and With the Registered Owners of the the cie t si~°nstruction of economical ct a~i ..... manner, a sound and B. Operate Factlt~., It will operate the Facility in an efficient and C. keep the ~~ ~t will opsrate, maintain, preserve, and order, and condition, every part hereof in good repair, working D. Preserve Securi~. It Will preserve and protect the security of the Bonds and the rights of the Registered Owners thereof. E I rve ' ~' t Will collect end hold in trust the · hues and o~her funds Pledged to th apply such revenue o- ~-~ ..... · ~ayment of the Bonds and Ordinance. * -~,.-~ ~un~s only as provided in this F. Service Bond~. It will pay end cause to be paid punc- tually the Principal 6f the Bonds and the interest thereon on the date or dates and at the place or places and in the manner mentioned in the Bonds, and in accordance With this Ordinance. G. ~av Claims. It Will pay and discharge any and all lawful claims for la, or, materials, and supplies which, if unpaid, might by law become a lien or charge upon the Revenue of the Facility, or any part of said Revenue o funds in the hands of th* -- . .f the Facility, or ~ ne Bonds, to the end that the priority and security of the Bonds shall be fully preserved and protected. H. Encumbrances. It will not mort encumber, sell, lease~ or dis~oss ..... gg~? or otherwise thereof, nor enter into any lease ............ ¥ any part or impede the operation %f the ~.~$f~enc watch would --~*~y or any part thereof necessary to secure adequate revenues for the paYment of the principal of and interest on the Bonds, nor which would otherwise impair or impede the rights of the Registered Owners of the Bonds with respect to such revenues of the operation of the Facility without provisions for the retirement of the Bonds then outstanding from the ~roceeds thereof. I. L~L~i~. It Will procure and keep in force insurance upon all buildings and structures of the Facility and the machinery a~d equipment therein, which are usually insured by entities operating like property, in good and responsible insurance companies. The amount of the insurance shall be such as may be required to adequately protect it and the Registered Owner of the Bonds from loss due to any casualty, and in the event of any such loss, the Proceeds shall be used to repair or restore the Facility or for the payment of the Bonds issued under this Ordinance. J' ..--~. It will procure suitable fidelity bonds covering all of its officers and other employees charged With the operation of the Facility and the collection and di'sburssment of revenues therefrom. rec K. A~=9_~1~. It will kee ro ' ords in which com~,~ .... P P per and separate all transactions rel~:~ ~ep~rat~ entries shall'%~_ - pon r_~ .... . ~ection 20= SPECIAL COVENANTS The City further covenants and agrees5 · A. The Bonds are qualified tax-exempt obligations within ...-the meaning and for the purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, and the City will not designate more than $10,000,000, including the Bonds, as qualified tax-exempt obligations during the calendar year. B. None .of the proceeds of the Bonds will be used directly or lndirectly.(i) to make or finance loans to persons or any trade or business carried on by any p~rson (other than use as a member of the general public). For purposes of the preceding sentence, the term "person" does not include a government unit other than the .United States or any agency or instrumentality thereof, and the term "trade or business" means any activity carried on by a person other than a natural person. C. The Bonds are not private activity bonds within the meaning of the Internal Revenue Code of 1986. D. The aggregate face amount of all tax-exempt bonds, including the Bonds, issued by tho City during the calendar year in which the Bonds are issued, will not exceed $5,000,000. E. The City will take no action which would cause the Bonds to become arbitrage bonds within tho meaning of Section 148 of the Internal Revenue Code. ~ection 21= ANENDMENTS A. The City from time to time and at any time may adopt an ordinance or ordinances supplemental hereto, which ordinance or ordinances thereafter shall become a part of this Ordinance, for any one or more of all of the following purposes5 (1) To add to tho covenants and agreements of the City in this Ordinance, other covenants and agreements thereafter to be observed, which shall not adversely affect tho interest of the Registered Owners of tho Bonds, or to surrender any right or power herein reserved. (2) TO make such provisions for the purpose of curing any ambiguities or of outing, correcting, or supplementing any defective provisions contained in this Ordinance, or any ordinance authorizing future b. onds in regard to matters or questions arising under such ordinances as the Council may deem necessary or desirable and not inconsistent with such ordinances and which shall not adversely affect, in any material respect, the interest of the Registered Owners of the Bonds. Any such supplemental ordinance may be adopted without the consent of the Registered Owners of the Bonds at any time outstanding, notwithstanding any of the provisions of subsection B of this Section. B. With the consent of the Registered Owners of not less than 75% in aggregate principal amount of the Bonds at the time outstanding, the Council m~y adopt an ordinance or ordinances supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Ordinance or of any supplemental ordinance; provided, however, that no such supplemental ordinance (1) Extend the fixed maturities of the Bonds, or reduce the rate of interest thereon, or extend the time of payments of interest from their due date, or reduce the amount of the principal thereof, or reduce any premium payable on the redemption thereof, if applicable, without the consent of the Registered Owners of the Bonds so affected; or (2) Reduce the aforesaid percentage of the Registered Owners required to approve any such supplemental ordinance, without the consent of the Registered Owners of the Bonds then outstanding. It shall not be necessary for the consent of the Registered Owners under this subsection B to approve the particular form of any proposed supplemental ordinance, but it shall be sufficient if such consent shall approve the substance thereof. C. Upon the adoption of any supplemental ordinance pursuant to ~he provisions of this Section, this Ordinance shall be deemed .... ..to be modified and amended in accordance therewith, and the respective rights, duties, and obligations of the City under this Ordinance and the Registered Owners of the Bonds outstanding hereunder shall thereafter be determined, exercised, and enforced thereunder, subject in ell respects to such modification end amendments, and all terms and conditions of any such supplemental ordinance shall bo deemed to bo part of the terms and oonditlons of this Ordinance for any and all purposes. D. Any Bonds exeouted and delivered after the execution of any supplemental ordinance adopted pursuant to the provisions of this Section may have a notation as to any matter provided for in such supplemental ordinance, and if such supplemental ordinance shall so provide, new bonds so modified as to oonform, in the opinion of the Council, to any modification of this Ordinance contained in any such supplemental ordinance, may be prepared and delivered without cost to the Registered Owners of any affected Bonds then outstanding, upon surrender for cancellation of such Bonds. Section 225 VALIDITY OF ISSUANCE The Bonds are issued pursuant to the Idaho Revenue Bond Act, being Idaho Code Sections 50-1027 through 50-1042. This recital is conclusive evidence of the validity of the Bonds and the regularity of their issuance. Section 235 REGISTERED OWNER,S REMEDIES - RECEIVER By action or suit in equity, the Registered Owners or subse- quent owners of the Bonds may, in the event of a material violation of any of the foregoing covenants, cause the appointment of a receiver, which receiver may enter and take possession of the Facility and any Net Revenues for the payment of the Bonds, prescribe fees to be derived from the Facility, and collect, receive, and apply all Net Revenues of other moneys pledged for the payment of the Bonds in the same manner as the City might do in accordance with the obligations of the City. 74 Section 24: VRDINA~CE A CONTACT The provisions ~f this Ordinance shall constitute a contract between the City and the Registered Owners so long as the Bonds hereby authorized remains unpaid. Section 2~= DETERMINATION The Council does hereby find, determine, and declare ~hat it is essential to the public interest, welfare, and oonvenienoe of the City and the inhabitants thereof to undertake the Project and to construct the improvements, with said Project being paid for in part by the issuance of the Bonds in oonformity with the Idaho Code. Section 26= SEVERABILITY If any one or more of the covenants or agreements provided in this Ordinance to be performed on the part of the City shall be declared by any court of competent Jurisdlotion to be contrary to law, then such covenant or oovenants, agreement or agreements, shall be null and ~oi~ and shall ~e deemed separable from the remaining covenants and agreements in this Ordinance and shall in no way affect the validity of the other provisions of this Ordinance or of the Bonds. Section ~7~ REPEALER All prior ordinances inconsistent herewith are hereby repealed and shall, to the extent of such inconsistency, have no further force or effect. Section 28= BOND ANTICIPATION NOTES Pending the issuance and sale of the Bonds, the City may, by resolution, authorize the issuance and sale of bond anticipation no=es in an aggregate amount which, together with interest to accrue thereon prior to issuance and sale of the Bonds, shall not exceed $450,000, to provide funds to pay the costs of construction and installation of the Project. Such bond anticipation notes, together with interest accrued thereon, shall be payable from the proceeds of the sale of the Bonds. Sectio~ 29= PUBLICATION This Ordinance, or a summary thereof in compliance with Section $0-901A, Idaho Code, shall be published once in official newspaper of the City, and shall take effect immediately upon its passage, approval, and publication. DATED this 13th day of July, 1989. CITY OF McCALL Valley County, Idaho Ci~/~lerk ( S S A L ) Number [Face of Bond] UNITED STATES OF AM~RICA STATE OF IDAHO COUNTY OF VALLEy CITY OF MoCALL RECREATIONAL REVENUE BOND, SERIES 1989 Dollars See Reverse Side for Additional Provisions INTEREST RATEs MATURITY DATE= D~TED DATB~ CUSIP~ Registered Owners Principal Amounts DOLLARs KNOW ALL MEN BY THESE pRESeNTS that the City of McCall, Valley County, Idaho (the "City,,), for value received, promises to pay from the "City of McCall Recreational Revenue Bond Fund" (the "Bond Fund.) created by Ordinance No. 554, adopted on Jul 13 1989 (the "Bond Ordinance.), to the registered owner ldsn~fie~ above, or registered assigns, on the maturity date specified above, the principal sum indicated 'above, and to pay interest thereon fr6m the aforesaid Bond F~nd from October 1, 1989, or the most recent date to which interest has been paid or duly provided for, at the rate per annum specified above, payable on April 1, 1990, and semiannually on each October first and April first .--thereafter, until the date of maturity or prior redemption of this Bond. Both principal of and interest on this Bond ars payable in lawful money of the United States of America to the registered owner hereof whose name and address shall appear on the registra- tion books of the City maintained by the Corporate Trust Department of West One Bank, Idaho, N.A. (the "Bond Registrar.), in Boise, Idaho. Interest shall be paid to the registered owner whose name appears on the Bond Register on the fifteenth day of the calendar month next preceding the interest payment date, a~ the address appearing on the Bond Register, and shall be paid by check or draft of the Bond Registrar mailed to such registered owner on the due date at the address appearing on the Bond Register, or at such other address as may be furnished in writing by such registered owner to the Bond Registrar. Principal shall be paid to the registered owner upon presentation and surrender of this Bond at the principal corporate trust office of the Bond Registrar, on or after the date of maturity or prior redemption.. Reference is hereby made to additional provisions of this Bond set forth on the reverse side hereof, and such additional provisions shall for all purposes have the same effect as if set forth in th~s space. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Ordinance until the Certificate of Authentication hereon shall have been manually signed by the Bond Registrar. IT IS HEREBY CERTIFIED AND DECLARED that all acts, conditions, and things required by the Constitution and statutes of the State of Idaho to exist, to have happened, been done, and performed precedent to add in the issuance of this Bond have happened, been done, and performed, and that the issuance of this Bond and the Bonds of this issue does not violate any Constitutional, statutory, or other limitation upon the amount of bonded indebtedness that the City may incur. IN WITNESS W}LEREOF, t~e City of McCall, Idaho, has caused this Bond to be executed by the facsimile signature of the Mayor, countersigned by the facsimile signature of its Treasurer, and a=testsd by the facsimile signature of its City clerk, and a facsimile of the seal of the City to be imprinted hereon, as of this first day of October, 1989. CITY OF McCALL Valley County, Idaho ffacsimile sianaturel Mayor COUNTERSIGNED~ ffacsimile sianaturg] Treasurer ATTEST: City Clerk [FACSIMILE SEAL] CERTIFICATION OF AUTHENTICATION Date of Authentications This Bond is one of the City of McCall Recreational Revenue Bonds, SeFies 1989, dated as of 1, 1989, described in the .--within-mentioned Bond Ordinance. WEST ONE BANK,' IDAHO, N.A. aa Bond Registrar Authorized Officer [Reverse Side of Bond] ADDITIONAL BOND PROVISIONS This Bond is one of a duly authorize~ issue of Bonds of like date, tenor, and effect, except for variations required to state numbers, denominations, rates of interest, and dates of maturity, aggregating $450,000 in principal amount. The Bonds are issued pursuant to and in full compliance with the Constitution and statutes of the State of Idaho, particularly Sections 50-1027 through 50-1042, Idaho Code, and proceedings duly adopted and authorized by the City Council of the City acting for and on behalf of the City, more particularly the Bond Ordinance, and also pursuant to the legal authorization of a Special Election duly noticed, held, and conducted within said City on June 6, 1989. Bonds maturing on or before October 1, 1997, are not eub~ect to call or redemption prior to their stated dates of maturity. The City has reserved the right to redeem any Bonds maturing on or after October 1, 1998, on any interest payment date on or after october 1,. 1997, in whole or in part, in inverse order of maturity (and by lot selected by the Bond Registrar within a maturity), at par plus accrued interest to the redemption date. Notice of any intended redemption shall be given by mailing of notice to the Registered Owner of any Bond being called for redemption not less than thirty nor more than forty-five days prior to th~ redemption date by first class mail, postage prepaid, at the address appearing on the Bond Register. The requirements of the Bond Ordinance shall be deemed to be complied with when notice is mailed aa herein provided, regardless of whether or not it is actually received by the owner of such Bond. Interest on all of such Bonds so called for redemption shall cease to accrue on the specified redemption date unless such Bond or Bonds so called for redemption are not redeemed upon presentation made pursuant to such call. This Bond and the Bonds of this issue are issued for the purpose of providing funds to pay the costs of capital improvements to the public golf course facilities of the City, as more fully described.in the Bond Ordinance. This Bond creates a first lien and charge upon the Net Revenues of the Facility (as said tsr~s are defined in the Bond Ordinance), and any additional bonds or other obli at ~ay hereafter be issued on .... ~6 ......... g ions which - -~*~ wave =ne ~onas of this issue in accordance with the prov[~ions of the Bond Ordinance, and superior to all other charges Of any kind or nature. This Bond is a limited obligation of the City and is payable as to principal and interest solely from a special fund created by the Bond Ordinance and designated "City of McCall Recreational Revenue Bond Fund" (the "Bond Fund.). For a more particular description of said Bond Fund, the revenues to be deposited therein, and the nature and extent of the security afforded thereby, reference is made to the ~rovisions of the Bond Ordinance pursuant to which this Bond is assusd, and such Bond Fund will be maintained. This Bond is transferable by the registered owner hereof in person, or by his attorney duly authorized in writing, upon presentation and surrender of this Bond st the principal corporate =rust office of the Bond Registrar. Upon such transfer, e new Bond, of the same denomination, maturity, and interest rate, will be issued to the transferee, in exchange therefor. Reference is hereby made to the Bond Ordinance for the covenants and declarations of the City and other terms and conditions under which this Bond and the Bonds of this issue have been issued. The covenants contained herein and in the Bond Ordinance may be discharged by making provision, at any time, for the payment of the Principal of and interest on this Bond in the manner provided in the Bond Ordinance. The City and the Bond Registrar may deem and treat the registered owner hereof as the absolute owner hereof for the purpose of receiving payments of principal hereof and interest due hereon and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. LEGAL OPINION It is hereby certified that the following is a true and complete copy of the legal opinion of Lindsay, Hart, Nell & Weigler, of Boise, Idaho, which opinion was dated the date of delivery of and payment for the Bonds described therein, an original of which was delivered to me on said date, and is a Part of the permanent records of the City of McCall, Idaho. CITY OF McCALL Valley County, Idaho [facsimile signature] Clerk [ INSERT LEGAL OPINION OF LINDSAY, HART, NEIL & WEIGLER ] The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations~ TEN COM -- as tenants UNIF TRFS MIN ACT ......... . ........... in common (Oust) (Minor) TEN ENT -- as tenants under Uniform Transfer to Minors by the entireties Act .................. JT TEN -- as ~oint tenants (State) with right of .......... survivorship and not as tenants in common Addi~ional abbreviations may also be used although not in the above list. ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto Name of Transferee= Address= 77 Tax Identification No. the within Bond and hereby irrevocably constitutes and appoints of , to transfer said Bond on the books kept ~or registration thereof with full power of substitution in the premises. Dated= · SIGNATURE GUARANTEEDz Registered Owner NOTE= The signature on this Assign- ment must correspond with the name of the registered owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. Bank, Trust Company or Member Firm of the New York Stock Exchange Authorized Officer CITY OF McCALL VALLEY COUNTY, IDAHO RECREATIONAL REVENUE BONDS, SERIES 1989 PRINCIPAL AMOUNT $450,000 NOTICE IS HEREBY GIVEN that sealed bids will be received until 5500 P.M., Mountain Daylight Time, on THURSDAY, SEPTEMBER 14, 1989 at the office of the City Clerk of the City of McCall, Valley County, Idaho (the "City#), for the above issue of City of McCall Recreational Revenue Bonds, Series 1989, in the principal amount of $450,000 (the "Bonds#). The bads will be publicly opened, examined, and declared at a meeting by the City Council of the City at 7=00 P.M. on said date. The Bonds will be in the denomination of $5,000 each or integral multiples thereof, will be dated October 1, 1989, will bear interest at a rate or rates not exceeding nine percent (9.0%) per annum, payable semiannually, and will be due serially on Year Amount 1990 $ 15,000 1991 20,000 1992 20,000 1993 20,000 1994 25,000 1995 25,000 1996 25,000 1997 30,000 1998 30,000 1999 35,000 2000 35,000 2001 40,000 2002 40,000 2003 45,000 2004 45,000 Bonds maturing on or before October 1, 1997, are not subject to call or redemption prior to their stated dates of maturity. On any interest payment date on or after October 1, 1997, at the election of the City, the Bonds maturing on or after October 1, 1998, shall b9 9..ub_~9~...tp~ ~e~e~t~n, .in whole, or in inverse order of maturity (and by lot selected by the Bond Registrar within a maturity), upon notice as hereinafter provided, at par plus accrued interest ~0 the date of redemption. Notice of redemption of any Bonds shall be given by mailing of notice to the Registered Owner of any Bond being called for redemption not 1sss than thirty nor more. than forty-five days prior to the redemption date at the address shown on the Bond Register, or at such other address as may be furnished in writing by such Registered Owner to the Bond Registrar. The Bonds so called for redemption shall cease to accrue interest on the specified redemption date, provided funds for such redemption are on deposit at the place of payment at such time, and shall not be deemed to ke outstanding as of such redemption date. All b~ds must be accompanied by a good faith deposit in the amount of $22,500. Interest will not be allowed on the good faith deposit. The approving legal opinion will be furnished by the law firm of Lindsay, Hart, Neil& Weigler, Boise, Idaho. Copies of the Official Statement and Notice of Sale and other related information 'with respect to said Bonds may be obtained from the Public Finance Department of West One Bank, Idaho, N.A., Boise, Idaho, telephone~ (20S) 383-?240, or the City Clerk, telephone (208) 634-7142. Dated this 13th day of July, 1989. Clerk CITY OF McCALL Valley County, Idaho RECREATIONAL REVENUE BONDS, SERIES 1989 PRINCIPAL AMOUNT $450,000 NOTICE IS HEREBY GIVEN that the City Council of the city of ~cCall, Valley County~ Idaho, will, up to 5=00 P.M. on THURSDAY, SEPTF~IBER 14, 1989 receive, at the regular meeting place of the City, City Hall, HcCall, Idaho, sealed bids for the purchase cf "City of McCall Recreational Revenue Bonds, Series 1989." The bids will be publicly opened, examined, and declared at a meeting of the City Council of the City at ?=00 P.M. on said date. ISSUE: MATURITY: INTEREST: CALLABLE: DEFEASANCE= The Bonds, designated "City of McCall Recreational Revenue Bonds, Series 1989" (tho "Bonds"), will be issued in the aggregate principal amount of $450,000, will be in the denomination of $5,000.00 each or integral multiples thereof, and will be dated October 1, 1989. The Bonds will mature on October first in the amounts and years as follows; Maturity Date October 1, 1990 October 1, 1991 October 1,$1992 October 1, 1993 October 1, 1994 October 1, 1995 October 1, 1996 October 1, 1997 October 1, 1998 October 1, 1999 October 1, 2000 October l, 2001 Maturity Dat~ october 1, 2002 October 1, 2003 October 1, 2004 Princ~Dal Amount 15,000 20.000 20,000 20.000 25,000 25 000 25 000 30 000 30 000 35 000 35 000 40,000 PrinciPal Amoun~ 40,000 45,000 45,000 The Bonds will bear interee~ from their date at a rate of not to exceed nine percent (9.0%) per annum, payable on April 1, 1990, and semiannually on each October first and April first thereafter, to their respective dates of maturity or prior redemption. Bonds maturing on or before October 1, 1997, are not subject to call or redemption prior to their stated dates of maturity. On any interest payment date on or after October 1, 1997, at the election of the City, tho Bonds maturing on or after October 1, 1998, shall be subject to redemption, in whole or in part, in inverse order of maturity (and by lot selected by the B~nd Registrar within a maturity), upon notice as hereinafter provided, at par plus accrued interest to the date of redemption. Notice of redemption of any Bonds shall be given by mailing of notice by the Bond Registrar to the registered owner of any Bond being called for redemption not less than 30 nor more than 45 days prior to the redemption date, by first class mail, at the address appearing on the Bond Register. Bonds so called for redemption shall cease to accrue interest on tho specified redemption date, provided that funds for such redemption are on deposit at the place of payment at such time, end shall not be deemed to be outstanding as of such redemption date. In the event that money or direct obligations of, or obligations guaranteed by, the United States of America, maturing or having guaranteed redemption prices a~ the option of the owner at such times and bearing interest to be earned thereon in such amounts ae are sufficient (together with any resulting cash balances) to redeem and retire the Bonds in accordance with their terms, are hereafter irrevecably set aside in a s~ecial account and pledged to effect such redemption and retirement, then the City shall not be required to make further payments into the Bond Fund for the payment of the principal of and interest on the Bonds, and such Bonds and interest accrued thereon shall then cease PAYABLE AWARD: SPECIFICATION OF INTEREST: FORM OF BID: BID SECURITY: RIGHT OF REJECTION: PROMPT AWARD: PROMPT DELIVERY: REGISTRATION: PLACE OF DELIVERY: CUSIP: PAYMENT: to be entitled to any limn, benefit, or security cf the Bond Ordinance other than the right to receive the funds so set aside and pledged, and such Bonds and interest accrued thereon shall no longer be deemed to bm outstanding. The principal of and interest on the Bonds ars payable in lawful money of'the United States of America to the registered owners thereof, whose names and addresses shall appear on the Bond Register of the City. Payment of each installment of interest on the Bonds will be made to the registered owner of each Bond appearing as such on the Bond Register of the City on the fifteenth day of the calendar month next preceding the interest payment date, and will be paid by check or draft of the Bond Registrar mailed to such registered owner on the due date a~ the address of. such registered owner as it appears on the Bond Register, or at such other address as may be furnished in writing by such registered owner to the Bond Registrar. Principal of each Bond will be paid to the registered owner thereof upon presentation and surrender of such Bond at the principal corporate trust office of the Bond Registrar, on or after the date of maturity or prior redemption. The Bonds will bm awarded to the best bidder considering interest rate or rates specified and any premium bid. The best bid will be determined by deducting the amount of any premium from the total of interest which the City will bm required to pay from the date of the Bonds to their respec- tive maturity dates at the rate or rates specified in the bid, and the award will bm made on the basis of the lowest net interest cost to the City for said Bonds. Bidders must specify the rate or rates of interest which the Bonds herein offered for sale shall bear. Bidders will be permitted to bid different rates of interest. The maximum differential between the highest and lowest rate shall not exceed three percent (3%) per annum. All the Bonds of this issue maturing at the same time shall bear the same interest rate. Each bid for the Bonds must be unconditional and for no~ leSl...t~_9~ al~ of the ~onds herein offered for male. Each bid must state the price to be paid for the Bonds and the rate or rates of interest to be borne by the Bonds. Each Bidder agrees by the submission of a bid to pay accrued interest from the date of the Bonds to the date of delivery. Bids for the Bonds shall be identified as follows: BID~FOR $450,000 CITY OF McCALL RECREATIONAL REVeNUE BONDS, SERIES 1989 Each bid must be enclosed in a sealed envelope addressed to the City Clerk of the City of McCall, City Hall, McCall, Idaho 83638, and marked as above indicated. All b~ds shall be accompanied by a good faith deposit in the amount of $22,500, evidenced by a bank cashierts check or certified check payable to the Treasurer of the City of McCall, which deposit shall be security for the performance of such bid end shall be held as liquidated damages in the event the successful bidder fails to pay for the Bonds upon delivery. Interest wi~l not be allowed on the good faith deposit. The City reserves the right to reject any or all bids and to waive, to the extent permitted by law, any irregularity or informality in any bid. The City will take action awarding the Bonds or rejecting all bids not later than the end of the meeting of the City Council on September 14, 1989. The Bonds are expected to be ready for delivery to the purchaser on or about October 2, 1989. The purchaser shall have the right to cancel the contract of purchase if the City fails to execute and tender the Bonds for delivery within sixty (60) days from the date of sale, Prior to the delivery of the Bonds, they shall be registered by the Bond Registrar in the Bond Register. The Bonds will be delivered to the purchaser in Boise, Idaho, or, at the expense of the purchaser, at any other place agreed to by the City Council of the City. CUSIP identification numbers may be printed upon the Bonds at the option of the purchaser, but n~!t_h.~_.__th~.~ f~!.l..u~_~., to p~ ~uch ~r .on any Bond nor an error with respect thereto shall .constitute cause for a failure or refusal by the purchaser to accept delivery of and pay for the bonds in accordance with the terms of his bid. Requesting the assignment of CUSIP numbers, expenses related to the printing of CUSIP numbers on the Bonds and the CUSIP Service Bureau charge for the assignment of numbers, shall be the responsibility of and shall be paid by the purchaser. Payment for the Bonds must be made in Federal Reserve Bank funds or other funds acceptable and immediately available to the City. Any expense of making funds immediately available, whether by transfer of Federal Reserve Bank funds or other- wiss, shall be borne by the purchaser. 80 AUTHORITY: SECURITY: LEGAL OPINION: TAX-EXEMPT: BANK PURCHASE: NO LITIGATION:. OFFICIAL STATEMENT: The Bonds are. issued pursuan: ~o the applicable provisions of Section 50-1027 through 50-1042, inclusive, and Title 57, Idaho Code. The Bonds ere 'limited obligations of the City, and ars payable as .to principal and interest solely from a special fund created by Ordinance No. adopted on July 13, 1989 (the "Bond Ordinance~'-~ designated "City of McCall Recreational Revenue Bond Fund,, (the "Bond Fund',). The Bonds create a first limn and charge upon the Net Revenues of the city,s public golf course Facility (am said terms are defined in the Bond Ordinanoe) superior to all other charges of any kind or nature, except the charges necessary to pay the principal of and interest on any parity bonds or other parity obligations hereafter issued in compliance with the parity bond provisions of the Bond Ordinance. A more particular description of the Bond Fund,..the revenues to be deposited therein, and the nature and extent of the security afforded thereby, are set forth in the Bond Ordinance. The legal opinion of Lindsay, Hart, Nail & Weigler, of Boise, .Idaho, approving the validity of the Bonds,' will be provided without charge to the purchaser at the time of delivery of the Bonds and will be printed on the Bonds. Fees payable to Llndsay, Hart, Nmi1 & Weigler as Bond Counsel are payable solely from the .proceeds of the Bondsl hence, such fees are necessarily contingent upon the successful implementation and funding of the Project. In the opinion of Bond Counsel, interest on the Bonds is excluded from gross income for purposes of federal income taxation under present statutes, court decisions, and regulations (except for certain minimum taxes), end is excluded from gross income for purposes of taxation by the State of Idaho. In the event that, prior to the delivery of the Bonds, the income received by private holders from bonds of the same type and character shall bm declared to be taxable under federal income tax laws, either by the terms of such laws or by · ruling of a federal income tax authority or official which is followed by the Internal Revenue Service or a deoielon of any federal court, the purchaser may, at the option of the purchaser, prior to the tender of the Bonds by the City, be relieved of the obligation under the contract to purchase the Bonds. A certificate that the Bonds are not arbitrage bonds within the meaning of Section 148 of the Internal Revenue Code of 1988 will be provided to the purchaser at the time of delivery of the Bonds. The City hu designated the Bonds as "qualified tax-exempt obligations,, pursuant to Section 285(b)(3) of the Internal Revenue Code of 1986. There is no litigation pending concerning the' validity of the Bonds, the organization of the City, or the title of its officers to their respec- tive offices, and the City will provide a certifi- cate to the foregoing as of the time of the delivery of the Bonds. The Official Statement of the City, together with any appendices thereto, is prepared to provide further information material to the Bonds, and is a part of this Notice of Sale as if set forth herein in full. Copies of this Notice of Sale and the Official Statement may be obtained from the City's financial advisor, the Public Finance Department of West One Bank, Idaho, N.A., 101 South .Capitol Boulevard, P.O. Box 8247, Boise, Idaho '83733, Telephone No. (208) 383-?240, or from the Clerk of the City, City Hall, McCall, Idaho 83638, telephonez (208) 266-1315. COPIES: Upon request, a reasonable number of copies of this Notice of Sale and tho Official Statement will be provided by the City without cost to the purchaser. DISCLOSURE STATEMENT: The City will deliver to the purchaser at the time of delivery of the Bonds, a statement substan- tially to the effect that the facts contained in this Notice of Sale and the Official Statement and any supplement or amendment thereto were, at the time 6f the award of the Bonds, and are, as of the date of delivery of the Bonds, true and correct in all material respects and that the Notice of Sale and the Official Statement did not, and do not, contain any untrue statement or omit to state a materiel fact required to be stated or necessary to make a statement not misleading in light of the circumstances under which it le made. DATED: July 13, 1989. CITY OF McCALL Valley County, Idaho Resolution 19-89, a m~m~y of Ordinance 554, was presented. Mr. McCarty moved to adopt Rmsolution 19-89, Mr. Wallace seconded and on a roll call vote, Counctlmm~ MuCarty, Wallace and VanKomen voted "Aye" and the motion carried. Agreements for Financial Advisor; West One Bank: a. An Agreement for West One Bank to serve as firmncial advisor to the City on the ge~eral obligatic~ bond was reviewed. Mr. VanKomen moved to approve the Agreement and authorize the Mayor tO sign. On a roll call vote, Counctla~% VanK~m~, Wallace and McCarty voted "AYe" and the motion carried. b. An Agrem~at for West One Bank to serve as the financial advisor to the City on the Golf R~veame Bond was reviewed. Mr. Wallace moved to approve the Agre~n~nt and authorize the Mayor to sign. Mr. McCarty seconded the motion and the motio~ carried on a roll call vote with Councilman Wallace, McCarty and VanKoamn voting "Aye". , D. Auditor's Engagement: An engagement letter from Thiel & Marx, P.A. to serve as the city auditors for three years was presented. Mr. Vm~n moved to accept the Agreement as proposed and authorize the Mayor to sign. Mr. Wallace seconded and the motion carried on a roll call vote with Councilmen Wallace, MhCarty, and V~ voti~ "Aye". Boardp Committee and Commission Reports: A. The minutes of the Plar~ and Zoning Ccmmissi~ of July 3, 1989 were presented. The reccmnendetion of the Canntssion was to grant a variance to Mr. Robert Gossett of 3617 Alpine, Boise, ID 83705, for the existing setback. Mr. M~Carty moved .to approve t/~ variance as recommended and to adopt the Ccm,,~ssion's Findings of Fact and Conclusions of 'Law.as their own and not to conduct a second hear/ng on the matter. Mr. VanKomen seconded ~ the motion carried. ~. Co~es ence: A letter from Representatives Donna Jones and Judy Danielson regarding new legislation was discussed. The Council asked to have a synopsis of D~w legislation and subsequently arrange a discussion with the representatives if they had questions. Mayor Allen will correspond with tl~mn. 81 XII. Information Items Ihe follow/rig items were received: 1. AIC Action Bulletin No. 14. 2. A m~mo from the City Administrator regard/ng earlier submission of catering permits. XIii. Executive Session.. Mr. McCarty ~.m~9~/d to adjourn to Executive Session pur~nt to Idaho Code 67 2345, subsection (f), to be advised by Council on pendin~ litigation. Mr. VanKcm~n seconded a~d on a roll call vote, all present voted "Aye". %he motion carried and the F. xecutive Session commenced at 12:04 p.m. and lasted until 12= 15 p.m. Mayor Allen reported that the matter discussed was the dispute over the Agent of Record for the City's health insxzrance. Mr. Wallace moved to reappoint All-Valley Agency as. Agent of Record until Sept~her 31, 1989, to rescind the Agent of Record agreement with Kermit Peterson am~ to direct' staff to~ prepare a Request for Proposals for Agent of Record prior to expiration of the All Valley agreemm%t. Mr. McCarty seconded m%d on a roll call vote, Mr. Van~ voted '%qo" while Counci~ McCarty and Wallace voted "Aye". The Mayor declared that the motion carried. 82 Adj ounm~t: Mr. Wallace moved, and Pk. V~ seconded to adjourn. motion carried. The Mayor Clerk ¥~C~LL C~T~ COUnCiL July 27, 1989 re Mayor Allen called the meeting to order at 7:00 p.m. McCarty, VanKomen and Wallace answered the roll call. Moltke was absent. Councilmen Councilm~n II. The m~nutes of '~uly 13 were distributed. minutes was deferred to August 10th. Consideration of the III. PAYMENT OFCIAIMS: A list of bills dated July 24, 1989 was reviewed. Mr. Wallace moved to pay the bills. Mr. McCarty seconded and the motion carried. IV. CONSENT C~.~NDAR: Catering permits fqr events and licenses as follows were listed c~% the calem_d~r: , I%m Mill Restaurant The Sportsman The Sportsman Lardo' s Saloon July 29th August 12th August 28th Ve Without objection, Mayor Allen ordered the consm~t calend~r approved. ~i~YOR & COUNCIL C~ &REPORTS: 1. Mayor's Report: a. Mayor Allen presented John Boydstun as a nominee to Imp.act Area Planning and Zoning Commission. ~k'. VanKomen moved to confirm the nc, n~mtion, Mr. Wallace seconded and the motion carried. b. The Mayor non,hated Tim Swanson to serve on the City Plar~dng and Zoning C_~-~$sion. Mr. MgCarty moved to confizm the mo~nation, Mr. V~(cman seconded and tlm motion carried. c. The Mayor advised he has reccmmended Mike Anders~t to the Valley County Ommission for appointment to the ~mpact Plarm~ and Zoning Commission. The Council indicated conct.m'=ence with his recczxnandation. City Adm{nistrator: The Administrator requested an executive session regarding a variety of land issues pursuant to Idaho Code 67-2345(C). He reported that (a) ~udget preparation had been delayed about one week; (b) a August 2nd; (c) that Hart Real Estane na~ removea ~s s~gn, (d) that Thiede log hc~es had removed the partially completed structure on the Stoll property; and (e) that the ex~ected reope~ of the airport was on Friday, July 28th, and (f) t/%e promotion of two police officers, T~Bint and Patterson. '" : Schmidt feasted use of the gem~_ral goverrm~t contingency funds to purchase a personal computer to replace the IBM Displaywriter for the secretarial office. After discussion, Mr. VanKcum_n moved to authorize $2,800 for purchase of a personal computer. Mr. MgCarty seconded and the motion carried. Mr. Scbm~dt also reviewed the draft Enviror~ ~ntal Impact Stature=hr on the Val Bois development. After' discussion, the Mayor d~rected staff to express the city's concern regarding anticipated traffic congestion on Highway 55, should the development occur. City Attorney Report: a. Ord/nance 556, addressing the use of alcoholic beverages in Faizway Park was presented. Mr. McCarty moved to su~.~end the rule requiring that an ordinance be read on rnree separate occasions. Mr. VanKomen seconded and the motion carried unau~ly on a roll call vote. Mr. McCarty ~hen moved to adopt Ordinance 556. Mr. Wallace seconded and on a roll call vote, Councilmen McCarty, Wallace and VanKomen voted "Aye" and the motion carried. ORDINANCE NO. AN ORDINANCE RELATING TO PUBLIC PARKS; ~4ENDING SECTION 8-12-7 OF THE VILLAGE CODE OF IDAHO, TO PROVIDE AN EXCEPTION TO CERTAIN RULES AND REGULATIONS PERTAINING TO PUBLIC'PARK~. BE IT ORDAINED BY THE }~YOR AND COUNCIL OF THE CITY OF MCCALL, IDAHO, AS FOLLOWS: Section 1.That Section 8-12-7 of the Village Code of McCall, Idaho, be, and the same is hereby amended to read as follows: 8-12-7: PAP4( OPERATING RULES: A. Hours of Operation: 1. P~tary Park and Community Park shall be open 24 hours ~er day. 2. Mill Park, Art Roberts Park and City-owned lakeshore property between such parks shall close at 12 midnight and shall open at 6:00 a.m. daily. 3. Davis Beach and Fairway Park shall close at 10:30 p.m. and open at 6:00 a.m. daily. B. Park Reservations and Closures: 1. Reservations: Special prior reservations for exclusive day use of a certain portion of any City park may be made with the City Clerk who shall pro- vide forms for such applications. The City may from time to time adopt regulations concerning fees, types of events, procedures, and additional rules for such uses as may b~ necessary or desirable. 2. Closed Areas~ Any section or part of any park may be declared closed to the public by the City Council or its duly authorized representative at any time and for any interval of time, either temp- orarily or at regularly and stated inter%als (daily or otherwise) and either closed entirely or closed to specifically defined uses as the City Council or its duly authorized representative shall find reason- ably necessary. C. Possession, use and consumption of alcoholic beverages are prohibited upon all city parks and park facilities, ~Xcept Fairway Park. Passed and approved this 27th day of July, 1989. · City cAerk - , PUBLIC HEARING: The agenda was moved to hear an appeal of a water bill by Roland H~_m~-ll scheduled for 7:30 p.m. Mr. Hamell was not present and the Treasurer requested that the hearJalg be rescheduled when Mr. }L~m~-ll's health permitted his attell_H~nce. The Mayor ordered the Treasurer to reschedule the hearing as he was able to schedule Mr. Hamell' s appearance. $4 2. City Attorney Report Continued: b. Resolution 20-89 request~ig judicial validation of the June 6, 1989 General Obligation Bond Election results was presented. Mr. McCarty moved to adopt Resolution 20-89. The motion was seconded by Mr. VanKcmen~ and carried unsm~ ~mously on a voice vote. c. Resolution 21-89 regarding a lease for additional space by Valley County for office space for the County juvenile detention officer was presented. After discussion, Mr. Wallace moved to adopt Resolution 21-89 and authorize Mayor Allen to sign the lease. Mr. McCarty seconded the motion and on a roll call vote, Councilmen Wallace, McCarty and VanKomen voted "Aye" and the motion carried. VII. OLD BUSINESS :' Be Proj eot Reports: Toothmm~-Orton F~gineering. 1. AWOS Project, Addendum No. 1: Mr. Stm~by presented Addendum No. 1~ to the AEOS plans and specifications. After review, Mr. b~Carty moved to approve Addendum No. 1, ¥~. VanKomen seconded and the motic~ carried unanimously. 2. Airport Improvement Project: Mr. Sundby reported on the projects progress; that the overlay was completed and striping was in process preparatory to reopening the runway. 3. Snowmobile Bridge: Mr. Orton reported on the survey and structural engineer's progress and advised that the U.S. Forest Service has a grant for dm~gnstration projects for wood bridges which he is investigating. Ord/nance 552, related to airport rules was read for a second time by title and rescbmduled for its third reading on August 10th by order of the Mayor. Water Rate Review: After discussion of the Staff Report component ragard/~g water system improv_~ze~nt costs, Mr. V~ moved to increase the capital fund contribution per user by $3.00 per month to reduce non-city resident water user rates to a .50 cent per month rate differential (i.e., .50 cents more than city users basic charge), and to direct the City Attorney to draft an ordinance reflecting the rate increase. Mr. Wallace seconded and the motion carried unao sly. 1989 State Airport Grant: %his item was scheduled, but grant do~_m~nts had not arrived and the item was n~ved to the next meeting' s agenda. 1989 Street Projects: The Council received a report f-rcm Public Works Director Chalfant indicating that plans to use cold mix asphalt were delayed since the County had not yet received delivery of its pug mill. The report recommended purchasing hot asphalt from Central Paving as they had available by completing the airport ahead of schedule. Weather cc~ditiQns we~_e a_lso indicated as a concern%. He requested use of 1989 funds to pave Boydstun St. (1,367 per linear foot), Floyd St. (308 per linear foot), and Wanda St. (412 per linear foot). A change order to the airport contract was suggested. Mr. Wallace moved to approve the changed plan. Mr. McCarty seconded and the motif% carried unanimously. Ge Letter from Impact Plamzing and Zordng Chairmm~ Eddins: Ms. Eddins reported that the Hendren Variance was now scheduled for an August 23rd hearing at 7:30 p.m. when a quorum of the Commission could be present. She also reiterated her request for appointments to the two vacant seats on the Cow,~ ssion. BUilding Permit Reports: Counci]n~n V~ requested that monthly building permit reports be included in the packets. Without objection, the Mayor so ordered. VIII~NEW BUSINESS: Plans and Specifications; Hole No. 3 Reconstruction on the McCall Golf Course: Council reviewed the plans and specifications. Mr. Wallace moved to approve tim plans and specifications and authorize a call for bids contingent upon approval by the City Attorney. the motion carried. Be May Hardware Dock Expmmion Permit: May Hardware has requested an extension of their permit for docks onto Payette Lake (Permit fL-65-S-386F). The City is an adjacent landowner with riparian and littoral rights and was asR~d to indicate their concerns about the development. ~. Wallace noved to offer no objection to the expansion and to authorize the Mayor to sign the permit on behalf of the City. Mr. MaCarty seconded and the notion carried. Personal Watercraft Legislation Request: Attorney Millemann's' ' letter requesting regulation of personal watercraft (jet skis) was received and discussed. ~lm Council directed that the ordinance address operation of such craft for ingress/egress to open water in the waters now part of the City's corporate l~m~ts (1,320 feet from shoreline). Mr. Wallace moved to direct the City Attorney to draft such an ordinance based on safety, noise regulation and wildlife preservation and schedule a public hearing with the ordinance readings. Mr. VanKcmen seconded and the motion carried. IX. BOARD~ CCPPSTTEE & ~SSION REPORTS REQUIRING ACTION: A. City Planning and Zoning Commission Minutes of July 18, 1989: The Findings of Fact and Conclusions of Law were presented as recommended by the City Planning and Zoning Cc~m~ssion on the matter of a Variance Reques~ by George and Sally Sloane. A letter f~om Attorney Udell was also noted asking that a second hearing be waived. The Cc~m%ission reccmnended that the Council hold a second hearing. After discussion, 9.motion by McCarty, secc~%ded by Mr. Moltke, to schedule a Hearing before the City Council for August 24, 1989 at 7:30 p.m. carried unanimously. X. UfHER BUSINESS: me Correspondence on road oiling was noted f~om Sylvia Burkey. Information Itmm$ acknowledged included the Florida Personal Watercraft Code Section, a letter of thanks to Larry Chaifm~t from the Department of Health and Welfare; and a t_hm~ you letter to Chief Parker for July 4th crowd control efforts. Treasurer' s Report: This item was omitted from the written agenda. Mr. Henderson's written report of July 27th included: 1. Request for Proposals (RFP' s) for health insurance agent-of-record. %he proposed RFP was reviewed. Mr. VanKomen moved and Mr. McCarty seconded to request proposals for a health insurance agent. %he motion carried. 2. Postage Meter: Mr. Henderson recoamended that the curre~t meter was inadequate and that it be returned at the end of its 90 day free use period and that a larger machine be secured. Mr. Moltke moved to authorize the %~easurer to secure the new equipment. Mr. McCarty seconded and the motion carried. 3. Emergency Fire Levy: The Treasurer reported that tax collections to cover the emergency levy for a fire truck (1988) were $13,000 short. Full payment is due August llth of $71,192. The Council asked for further research and a recommendation at the last meetJa%g in August. EXECUTIVE SESSION: Mr. McCarty moved to adjourn to Executive Session as penmitted by Idaho Code 67-2345(C), to discuss acquirh%g an interest in real property not owned by a public agency. (k% a roll call, Councilmen V~, McCarty, and Wallace voted "Aye" and the motion carried. 85 At 9:57 p.m., the Executive Session concluded and the Council returned to open session. Matters discussed included four separate parcels. Mr. Wallace moved to d~ect Staff to n~,ke ~ offer as discussed in the Executive Session to Warren Brown for the Lakefront parcel, subject to judicial validation o~ t_he bond and an appraisal supporting the price offered.. Further, that the Clerk be directed to m~ke an offer on certain land for boat trailer parking, a waterways grant project as discussed in the Executive Session, and, further, that the Clerk be authorized to engage an MIA certified appraiser to evaluate the parcels discussion. Mr. Moltke seconded and the motion carried. Mr. V~ moved to secure the same appraiser for one parcel as had the Central District Health had done for their appraisal. Mr. Wallace seconded and the motion carried. Mr. Wallace moved to adjourn at 9:59 p.m. and the motion carried. Mayor Mr. VanKoman seconded A%TEST: Clerk McCALL CITY COUNCIL MINUTES August 10, 1989 II. Mayor Allen called the meeting to order at 7:00 p.m. Councilmen McCarty, Mcltke and Wallace answered the roll call. Mr. Var~ was absent. . The m~nutes of the July 13th and the recessed session of July 14th were considered. A motic~% to approve the July 13th minutes by Mr. McCarty was seconded by Mr. Wallace and carried on a voice vote. III. PAYMENT OF CLA/FM: A list of prepaid and unpaid bills dated August 6, 1989 was reviewed° Mr. Wallace moved to approve the bills as presented. The motion was seconded by Mr. Moltke and the motion carried. IV. CONSE/~£ CAT.VNDAR: Sloane Special Use Permit, Findings .of Fact and Conclusions of Law: She completed Findings of Fact and Conclusions of Law were presented. She City Attoz~ey requested a separate motion on approval. Mr. Moltke moved to approve the cc~pleted Findings of Fact and ConclUSion~ of Law and authorized the mayor to sign. Mr. Wallace seconded and the motion carried. Catering Permits: Without :objection, Mayor Allen ordered the catering permits for the Sportsnmn Bar and Grill for July 26th, July 29th, and August 6th, 1989 approved and filed. MAYOR & COUNCIL ~ AND REPORTS: A. Mayor' s Report: 1. Rural Health Conference: Mayor Allen had asked Marion Johnson to attend on the City's behalf. Her written report was acknowledged. 2. Appointments: i) Mayor Allen nominated Dmx Krslu% to be reappointed to the Transportation Advisory C~ttee. Mr. McCarty moved to confirm the nomination, Mr. Wallace seconded and the motion carried, ii) Mayor Allen nc~inated Lyn Clark to the Airport Advisory C¢.~,~ttee. }~. Wallace moved to confizm r/%e non, nation, Mr. Moltke seconded and the motion carried, iii) Mayor Allen nomhmted Rosalie Spelman to recomme~ld to the Valley County Cc~xaission as a city representative on the WICAP Board. ~k. Wallace moved to confim the nomination, Mr. McCarty seconded m~d the motion carried. c. Planning Consultant: Mayor All~ reported on the interviews of the planning consulta~ts. A split cou~uittee decision was reported. No further action was taken. Administrator's Report: The written report dated August 8th was presented. Information items reported included a) a premotion and a salary adjustment for two public works employees; and b) the library closure July 31 - August 4 due to water damages frem a water heater break. An m~rport tenant lease to Yen Jacobsen for one year, non-renewable, was approved and the Mayor w~s authorized to sign on a motion by Mr. Moltke that was seconded by Mr. McCarty. The motion carried =mnimously on a voice vote. A budget workshop schedule was recommended. Upc~% consent of the Council, ~'~yor Allen set August 14th, 16th, 17th, 22nd 8nd 28th as budget work sessions for 7:30 p.m. Department heads will attend to review their respective requests with the Council. A draft letter outlining the cc~mitments of the City to golf course facility ~r?rov ~e~_~nts was presented. %his letter was requested by Mr. Alacam~. After review, Mr. }~Carty moved to authorize the Mayor to sign the letter on behalf of the City. Mr. Wallace seconded the motion and the motion carried. The Administrator advised the coum~:il of the upcoming public facility grant applications, through the Idaho Coau~mity Develop,~nt Block Grant. He suggested certain water system improvements. The Council consensus was to explore an application ahd if low and moderate income guidelines can be met, to prepare, a grant for the competition. A letter from Empire Airlines proposing c~rm~3ter air service from Boise to McCall was presented. Mr. McCarty moved to reconvene the task force working on the cc~u~,ter airline and refer the matter to them for recommendations or action as appropriate. %his was seconded by Mr. }bltke and carried on a voice vote. The Administrator requested an executive session to discuss land acquisitions at the conclusion of the scheduled agenda. 87 B. City Attorney' s P~port: 1. Ordinance 558, Water Rate Adjustments: The City Attorney read by title and reviewed the provisions of Ordinance 558 which increases water rates from $6.00 to $9.00 per month. The entire increase will accrue to the water capital improvement fund for system repairs and improvenmnts. Mr. Wallace moved to suspend the rule requiring that an Ordinance be read on three separate occasions. Mr. McCarty seconded. On a roll call vote, Councilmen McCarty and Wallace voted "Aye". Mr. ~Moltke voted '%~o". The motion failed. Ordinance 558 was then scheduled for a second reading on August 24, 1989. 2. Ordinance 557; Relating to Regulat~,g Personal Watercraft: The City Attorney introduced the ordinance and read the title. Pk. Moltke moved to open the floor to public c~ment on the matter. Mr. McCarty seconded and the motion carried. Among those testii~_ng were: Faye Costoff Jim Costoff Ann Spiegelmann Clayton Anderson Diarma Seballa Steven Rhyberg Jean Odmark Doug Heccula Jim Hardy Kathy Anderson Harz7 Stathis Ann Eberle Marilyn Krahn Scott Findlay Dale Thcmadee Terry Wazeley Richard Udell Ken Kuhn Sam Alacano Steven %Yis The Council received writtea~ testimony from Mssrs. Millenmnn, Anderson, Hardy and Udell; a petition from Mr. Thomadee and a letter from Mr. ~zit~n; all mdc a part of the record on the =rotter. Mayor Allen ordered the ordinance for a second reading on August 24th. The Council suggested a notice in each issue of the newspaper prior to a hearing on the 3rd reading date. The Mayor so ordered. At 9:25 p.m., the public cc~nent period was closed and Mr. Moltke moved for a recess. Mr. Wallace secc~lded and the motion carried. At 9:40 p.m., the session reconvened. Treasurer ' s Report: 1. The monthly report for July 1989 was reviewed and ordered filed by the Mayor without objection. 2. A letter regarding a past due water bill was reviewed and upon request of the Treasurer, referred to the City Attorney. VII. OLD BUSINESS: A. A.irport Project: Mr. Sundby distributed a report on the' project's financial status to date. He also presented ~Ctmnge Order No. 1 for dust oil application in the ~_~t of $2,177.33. Mr. Moltk~ moved to approve Change Order No. 1. Mr. McCarty seconded and the motion carried. The AWOS bids were opened on August 10th. One bid was received in excess of the budget. Mr. Sundby advised the Council of ~nendments to the specifications which would yield a more favorable bid. He recommended that all bids be rejected. Mr. McCarty moved to reject all bids and to readvertise for bids using specifications as discussed. (These include deletion of the unJ~teruptable power supply which is not an FAA rexp_,~vement.) Mr. Moltke seconded and the motion carried. B. Miscellaneous Sewer Piping Project, Award of Contract: The bids for the Miscellaneous Piping Project were opened on August 7th. TWo bids were received. The low bidder, Bezates Construction Co., bid $43,030.00. The Attorney reviewed the bids and acknowledged that the low bid was proper. Mr. McCarty moved to award the bid for the Miscellaneous Piping Project to Bezates Constructic~ Co. for $43,030.00. Mr. Moltke seconded and the motion carried on a roll call vote with Councilmen McCarty, Pbltke, and Wallace voting "Aye". A work order (no. 13) to the Engineering Agreement with Toothman-Orton Engineering Co. for engineering services on the ¥~scellaneous Piping ~Project was presented in the amount of $10,285.00 (a not to' exceed . _~nt dependent upon the level of city crew inspection effort). Mr. McCarty moved to authorize approval of the work order and authorize the lv~yor to sign. The motion was seconded by Mr. Wallace and carried. C. R~creational Access Route and Bridge: Rick Orton discussed progress on the bridge and route and requested a work session on the matter. With Council consea'~t, Mayor All~, directed the work session be scheduled for August 16th from 7:30 - 8:30 p.m. Purther, certain airport issues were scheduled for discussion tlmt same date from 8:30 - 9:00 p.m. The agenda was then moved to consider other airport matters on the agenda. D. Idaho Bureau of Aeronautics Grant: 89 A grant award of the 5% share of the currealt airport grant project provided by the Idaho Bureau of Aeronautics. Resolution No. 22-89 was presented which acknowledges award and acceptance of the grant was presented. A motion by Mr. Wallace to adopt Resolution No. 22-89 was seconded by Mr. McCarty and on a roll call vote, Councilmen Wallace, McCarty, and ~bltke voted "Aye" and the motion carried. ge Airport Minutes of August 2, 1989: The C~ttee recc~nended approval of the Five Year Capital Improvement Plan for the airport. Mr. McCarty moved to accept the reccmnendation of the ~Cn~m~ttee on the plan with review by tim fill Committee scheduled for the fall. Mr. Wallace seconded and the motion% carried. F. Ordinance 552; %bird Reading, Related to Airport Rules: After its third read~ng by title, Yz. McCarty moved to adopt Ordinance 552, Pk. Moltke seconded and ~ a roll call vote, Councilmen McCarty, Moltke and Wallace voted "Aye" .and.the motion carried. (Ordinance copied on next page) 9/28/89 E.K.) G. U.P.R.R. Depot: A letter from the YmCall Area Chamber of Commerce declining -~l offer by the City to sell the DepoU to the Chamber was acknowledged. The Council requested the Chamber's cost estimates of rehabilitation. %he Mayor requested the staff to secure these. viii .NEW BUSINESS: A. Appeal of Water Bill, Christe~men: An appeal of a $132.76 unpaid water bill was received from Kathy Christensen. With Council concurrence, the Mayor scheduled the hearing .for Sept~nher 14, 1989 at 7:30 p~m. : B. Notice of Claim, Doug Woods: Receipt of Mr. Woods Notice of Clm{m for vehicle damage was acknowledged and referred to the City Attorney and insurance carrier. C. EMT Garage Request: After a presentation by staff reporting on the August ~d meeting with ~ representatives, Mr. Mc 'Carry moved to write to the Valley County Commission offering City land ~% which to construct a garage and requesting a rental payment from the Co%u%ty to permit the City to erect and ~rtize the cost of such a facility. Mr. Wallace seconded and the motion carried. De Central District Health Capitalization Fees.. The Public Works Director's calculati~m of the fee from the EPA h~x was presented. Mr. McCarty moved to set the fee at $438.00 as recc~r~nded by staff. Mr. Moltke seconded m~d the motion carried. BOARDr ~ & ~SSION REPORTS: me The Airport Committee minutes of August 2nd were ordered filed (the action item was taken up earlier in the agenda) by the }~yor without obi ~ectioz,. CORRESPONDENCE: Letter from Kay ¥~Carter re: Jet Skis. Mayor Allen asked that the letter be acknowledged, the concerns recognized, and the letter be included in the record of tlzis matter. Be Correspondence from Helen Williams and Representative Donna Jones was received. %he Co~cil received the following information items: A. Letter from DECk/Gem Cities. B. Pamphlet - "Idaho Facts". C. AIC Action Bulletin ~15. D. Letter re: closure of Die~Rmrd Lane for fire traffic. E. Letter to USFS re: Valbois. ORDIN CE NO. AN ORDINANCE RELATING TO THE McCALL MUNICIPAL AIRPORT; REPEALING SECTIONS 1-12-2 through 1-12~9i OF THE VILLAGE CODE OF McCALL, IDAHO~ AMENDING TITLE VIII OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION OF A NEW CHAPTER 14, TITLE VIII, OF THE VILLAGE CODE OF McCALL, IDAHO, TO PROVIDE GENERAL AIRPORT RULES, TO PROVIDE FOR GROUND RULES, TO PROVIDE TAXIING RULES, TO PROVIDE LANDING AND TAKE-OFF RULES, TO PROVIDE AIRPORT FIRE REGULATIONS, TO PROVIDE TIE-DOWN AREA RENTAL FEES, TO PROVIDE LANDING FEES, TO PROVIDE MINIMUM STANDARDS FOR FIXED BASE OPERATORS, AIRPORT TENANTS AND CO~,~ERCIAL OPERATORS, TO PROVIDE PENALTIES, TO PROVIDE FOR SEVERABILITY, ARD PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. That Sections 1-12-2 through 1-12-9 of the Village Code of McCall, Idaho, be and the same are hereby repealed. Section 2. That Title VIII of the Village Code of McCall, Idaho, be, and the same is hereby amended by the addition thereto of a NEW CHAPTER, to be known and designated as Chapter 14 of Title VIII o--~e Village Code of McCall, Idaho, and to read as follows: 8-14-1: AIRPORT RULES-GENERAL: (A) Ail aeronautical activities at the McCall Municipal Airport, and all flying of aircraft departing from or arriving at the Municipal Airport, shall be conducted in conformity with the current pertinent provisions of the Federal Air Regulations (FAR) promulgated by the Federal Aviation Administration (FAA). (B) The Airport Manager, may suspend or restrict any or all operations without regard to weather conditions whenever such action is deen~d necessary in the interest of safety. (C) The Airport Manager shall at all tim~s have authority to take such actions as may be necessary to safeguard the public in attendance at the airport. Every pilot, mechanic or other person employed at or using the airport shall cooperate with the airport management to enforce these rules and to see that all persons upon the premises use due care and caution to prevent injury to persons or damage ~o property. (D) Instructors shall fully acquaint their students with these rules and shall be responsible for the conduct of students under their direction during the dual instruction. When a student is flying solo, it shall be his sole responsibility to observe and abide by these rules. (E) The term "person~' shall mean any individual, firm, co-partnership, corporation, company, association, joint-stock association, or body politic; and include any trustee, receiver~ assignee, or any similar representative thereof. 8-14-2: GROUND RULES: (A) Aircraft engines shall be started or warmed up so as not to endanger life or property. At no time shall engines be turned up when hangars, shops, other buildings, or persons in the observation area, are in the path of the propeller stream or jet blast. When aircraft engines are started a competent operator shall be at all times at the controls and the wheels of the aircraft chocked. (B) Aircraft shall be parked only in areas and in the manner designated by the Airport Manager. (C) All repairs to aircraft or engines, except emergency repairs, shall be made in the spaces designated for this purpose and not in the area reserved for landing and taking off. (D) No person or persons, except airmen, authorized person- nel, or persons being conducted by airmen or airport attendants shall be permitted to enter the landing areas, aircraft parking ramps and taxiing. This does not give any person or persons so excepted the privilege of unrestricted use of this space. These privileges are confined to the necessary use of this space in connection with flights, inspections or routine duties. (E) Aircraft, shall be properly blocked and tied down by the owner or operator when parked for overnight or when condi- tions otherwise warrant. (F) No motor vehicle shall be driven onto the landing area proper without the express permission of the Airport Manager or his designated representative, nor otherwise than in accordance with his instructions. Fuel trucks and emergency vehicles are excepted. (G) No automobile shall be parked on the airport property except in areas designated for that purpose by the airport Manager. Persons renting the tie-down spaces may leave one vehicle within their rented aircraft parking spaco when the aircraft is absent therefrom. Any vehicles parked in a tie-down area other than as herein provided shall be deemed to be involved in an extraordinary cir- cumstance and a threat to public safety and the same shall immedi- ately be towed away and impounded under the direction of the McCall Police Department and all costs of towing, impounding and storage shall be paid prior to redemption of any such vehicle, as provided by Chapter 18, Title 49, Idaho Code, which chapter is hereby adopted by this reference. Crossing the taxiway adjacent to the tie-down area in a vehicle is permitted though due caution must be exercisQd by the operator thereof. (H) Vehicle parking areas at the airport are intended for airport users only. Commercial truck and bus parking not related to airport use is prohibited. 8-10-3: TAXIING RULES: (A) No person shall taxi an aircraft to or from the hangar line or to or from an approved parking space until he has ascer- tained that there will be no danger of collision with any person or object in the immediate area by visual inspection of the area and, when available, through information furnished by airport attendants. (B) No aircraft shall be taxied except at a safe and reason- able speed. (C) No aircraft not equipped with adequate brakes shall be taxied near buildings or parked aircraft unless an attendant is at a wing of the aircraft to assist the pilot. (D) Taxiing aircraft shall be stopped behind holding line marking before entering the active runway for engine run-up and while awaiting taketoff clearance. 8-14-4: LANDING AND TAKE-OFF RULES: (A) Landings and take-offs shall be made directly into the wind or on the runway or landing strip most nearly aligned with the wind except when winds are light. Winds of less than five (5) miles per hour are considered light. (B) No landing or take-off shall be made except at a safe distance from buildings and aircraft. (C) No turn shall be made after take-off until the airport boundary has been reached and the pilot has attained an altitude of at least four hundred feet (400') and has ascertained there will be no danger of collisio4~ with other aircraft. (D) Unless a control tower is in operation, fixed wing aircraft taking off or landing, or flying in the traffic pattern at the McCall Airport shall use the standard left-hand traffic pattern. (E) "Straight in" landings are prohibited. (F) Helicopters shall avoid the flow of fixed wing aircraft. (G) Whenever possible, all aircraft shall monitor the common traffic advisory frequency (CATF-formerly called UNIC~), 122.8 MH and announce intentions to use the runway. (H) When preparing for take-off aircraft on the ground shall yield to all aircraft beginning final landing approach. (I) Touch and go landings shall be permitted with safe spacing of aircraft and traffic. 8-14-5: AIRPORT FIRE REGULATIONS: (A) All persons using in any way the airport area or the facilities of the airport shall exercise the utmost care to guard against fire and injury to persons and property. (B) No person shall store or stock material or equipment in such a manner as to constitute a fire hazard. (C) No person shall smoke within fifty feet (50') of the aircraft. ~ (D) No aircraft shall be fueled while the engine is running or while such aircraft is in the hangar. (E) Ail aircraft shall properly be grounded when being serviced with gaslline. (F) No aircraft shall be fueled inside a hangar without proper ventilation and safety precautions having been taken. The airport manager shall post the foreging rules in a conspicuous place at the McCall Municipal Airport. 8-14-6: TIE-DOWN AREA RENTAL FEES~ (A) There is hereby imposed aircraft tie-down rental fees at the McCall Municipal Airport, which fees shall be in the amount hereinafter set forth opposite the type of area of tie- down: Hard-surfaced'tie-down areas $15.00 per mo. each Ail other tie-down areas 7.50 per mo. each Itinerant aircraft parking fees for overnight parking shall be $2.00 per night. 91 (B) Ail zees shall be paid in advance to the Airport Manager. Monthly fees paid in advance for six (6) months or more shall be reduced by ten percent (10%). (C) All fees collected by the Airport ~anager under this Chapter shall be remitted by him to the City Clerk at least once per month and shall by the Clerk be deposited in the City Airport. Fund. (D) Itinerant tie-down areas shall be divided as nearly equally as possible between the fixed base operators at the McCall 14uni~ipal Airport. 8-14-7: LANDING FEES: (A) There is hereby imposed on all owners and operators of commercial aircraft landing in the McCall Municipal Airport, landing fees as follows: Fifty cents ($.50) per thousand (1,000) pounds gross weight of each aircraft, with a minimum fee of three dollars ($3.00) per aircraft per landing. (B) The Airport Manager shall collect such landing fees and remit them each week to the city Clerk who shall credit such fees to the airport fund. (C) This Ordinance shall not apply to fixed base operators at the McCall Municipal Airport, flights by or for the United States Forest Service and student training flights. 8-14-8: MINIM~{ STANDARDS: The rules, regulations, stand- ards and requirements set forth in that document entitled "Minimum Standards for Fixed Base Operators and Airport Tenants at the McCall Municipal A~rport, McCall, Idaho", as the same may be here- after amended, is hereby ratified and adopted as the Minimum Standards for Fixed Base Operators and Airport Tenants at the McCall Municipal Airport, and as ratified and adopted shall be the rules, regulations, standards and requirements governing the use of the McCall Municipal Airport by all commercial operators for all commercial operations at the McCall Municipal Airport. Three copies of said "Minimum Standards for Fixed Base Operators and Airport Tenants at the McCall Municipal Airport, McCall, Idaho", are now on file in the office of the city clerk for in- spection and examination. As such minimum standards are amended as may be deemed necessary or desirable by the City Council, three copies of such amendments shall be placed on file with said "Minimum Standards for Fixed Base Operators and Airport Tenants at the McCall Municipal Airport, McCall, Idaho", in the office of the city clerk for inspection and examination. 8-14-9: PENALTIES: (a) In addition to penalties otherwise provided in this Code, any person violating this chapter or refusing to comply therewith and any person failing or refusing to comply with the "Minimum Standards for Fixed Base Operators and Airport T~nants at the McCall Municipal Airport, McCall, Idaho", may be promptly removed or ejected ~rom the airport by or under the authority of the Airport Manager, and upon the order of the Airport Manager may be deprived of the further use of the airport and its facilities for such length of time as may be required to insure the safeguarding of the same and the public and its interests therein and as may be required to insure compliance with said minimum standards° (b) Any person convicted of a violation of this chapter or a violation of said Minimum Standards for Fixed Base Opera- tors and Airport Tenants, McCall Municipal Airport, shall be punished by a fine not to exceed Three Hundred Dollars ($300.00) or by imprisonment in the Valley County Jail not to exceed six (6) months or by both such fine and imprisonment. 8-14-10: SEVERABILITY: The provisions of this Ordinance are hereby declared to be severable and if any provision of this ordi- nance or the application of such provision to any person or cir- cumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this ordinance. 8-14-11: EFFECTIVE DATE: This ordinance shall be in full force and effect from and after the 1st dayzof August, 1989. Passed and approved this ~4~_ day of'~., ~989. The Dienhard Lane closure issue was discussed and, with the consent of the Council, the Mayor referred the matter to the Airport CoTm~ttee for reconnzmdations for future action. XII. FXECUT~ SESSION: Mr. McCarty moved to recess to Executive Session as permitted by I,~ho Code Section 67-2345(c) to discuss acquisition of real property not owned by a public agency. Mr. Moltke seconded and on a roll call vote, Councilmen McCarty, Moir/~e and Wallace voted "Aye". The meeting recessed to Executive Session at 11:15 p.m. and returned to open session at 11:32 p.m. , Matters discussed related to appraisals on certain intended property acquisiti~%s. Mr. MgCarty moved to direct s'~f to engage Idaho Land Appraisals instead of Bill Basham, previously ordered, for appraisal of all four parcels being discussed. Mr. Moltke seconded and the motion carried. 93 XIii.ADJO~: At 11:37 p.m., without further business, Mr. Moltke moved to adjourn, bk. Wallace seconded m~d the motion carried. Mayor CITY COUNCIL August 14, 1989 ARi[I~OR J. Clerk Council President M~Carty convened the meeting at 7.'30 p.m. Councilmen M~Carty, Wallace, V~ and Moltke were present. Snowmobile Bridge: Rick Orton of Toothman-0rt°Z~ Engineering 'discussed the sr~z~nobile bridge alternatives with the council. Further investigatioh of the character of the bridge, the proposed highway routing, and certain airport issues is needed. II. .Airport issues, Dienhard Lane: The closure for heav~ retar 'dane aircraft traffic was disCUSsed. For airport safety, Chuck S%:~dby, Airport Engineer for Tootbm~u-Orton advised that the road should be closed and the highway should not be routed this way. Other alternatives were discussed and the chair ordered the matter referred to the Airport and %~ansportation Advisory Ccu~,{ trees. III. Budget Worksession: .Overview: Staff presented an overview of the budget, the budget schedule re~,~ r~ents, and noted a 1.5% cost-of-living adjustment and a 5% merit increases for most employees. It was also noted that the property tax levy was not included in the est~r,~te and therefore the adjustment required was not the $450,000.00 deficit, but approximately $125,000.00. A "central stores" concept for office supplies is also contained in the rec(~,,uendation. Be Department R~view: The Co~%cil then reviewed with Mr. Schmidt and Mr. Henderson the following department budgets: Mayor/Council City Adm~nistrftor/Clerk Tort Liability General Government No action was take~. IV. .Adjournment: Without further business, Mr. Wallace moved to ad3ourn at 11:22 p.m. Mr. VanKomen seconded and the motion carried. AR2MUR ~/$CMMIDT - Clerk 94 cr'~ COUNC~L~ August 16, 1989 Call to Order: Council President l~Carty called the meeting to order at 7:30 p.m. Councilmen V~n, McCarty, Wallace and Moltke answered the roll call. II. Budget Works es s ion : The Council rewiewed the Fire Departme~%t and Building Maintenance Department budget requests with Chief Points. Chief Parker presented the Police, Animal Control, and Magistrate Court budget requests and discussed these in detail. III..Ad.~ournm~t: Without further business, Mr. Moltke moved to adjourn. Mr. Wallace seconded and the motion carried. Clerk CITY OF McCAlL CITY COUNCIL MINUTES August 17, 1989 I. CAt.]. TO ORDER AiqD ROLL CAT,L: Council President McCarty called the meeting to order at 7:30 p.m. Councilmen McCarty, VanKomen, Wallace a~t Pbltke answered the roll call. II. BUDGET ~DRKSESSION: The Council heard Mr. Chalfant present the budget requests for the following departments: Water, sewer, parks, utility services and streets. Discussion of tt~e increased maintenance required for the parks program and the elimination of downtown parking in the Brovat parcel were noted. Direction to explore other equipment was given to staff. Staff was directed to review the Internal Cost Recovery (direct service charge) transfer amounts. III. ADJO~: Without further business, Mr. Moltke moved to adjourn, Mr. VanKomen seconded and the motion carried. Clerk / CITY OF MCCALL CITY COUNCIL MIN~ August 22, 1989 me Council President McCarty called the meeting to order at 7:30 p.m. Councilmen MaCarty, VanKomen, Moltke and Wallace answered the roll call. 95 II. B~' WORKSESSION: Golf F~d: Mr. Jackson reviewed the Golf Fund request with the Council. Library Fund: Mrs. 'Cantrell presented the Library budget request· Building Inspection: Mr. Mitich reviewed the building inspection budget request with the Council. e City Attorney: Mr. Remaklus reviewed his budget request with the Council. Council inquired if the agenda could not be scheduled to allow Mr. Rmmaklus to leave earlier. Mr. Molkte left the meeting at 8:45 p.m. Planning and Zoning: Mr. Sc/~dt reviewed the Plann/ng and Zord~%g Budget. 6. Recreatic~: request. Mr. Cooke presented the recreation ~d budget III. ADJO~: At 10:15 p.m., Mr. VanKoman moved to adjourn. seconded and the motion carried. Mr. Wallace Mayor CITY OF McCAlL Cil~f COUNCIL MINUTES August 24, 1989 Mayor Allen called the meeting to order at 7:00 p.m. Councilmen McCarty, VanKomen, Wallace and Moltke answered the roll call. II. MINUTES: The minutes of July 27th were ordered filed as amended and corrected byMayorAllenwithout objection. III. PAYMENT OFCLAIMS: The claims list dated August 21, 1989 was reviewed. Yz. VanKomen moved to pay the claims as presented. Mr. Moltke seconded and the motion carriedunanimously. IV. CONSENT CALENDAR: A catering permit for Lardo's Grill & Saloon for August 19th was the only item on t/~e calenH~r. The Mayor ordered the calend~r approved without objection. V. MAYOR & COUNCIL C(/V~ffS & REPORTS: Mayor Allen non, hated Max Williamson for reappointment to the Golf Course Advisory Ccun-.~ttee to represe~%t the Man's Golf Association. This reconm~_ndation was received from Kay Larson, President of the Association. Mr. McCarty moved to confirm the mo-dnation. FZ. Moltke seconded and the motion carried. Bo Mayor Allen non~nated Dick Cowdery for reappointmant to the Transportati~ Committee. Mr. VanKomen moved to confirm the non, nation. Mr. MgCarty seconded and the motion carried. Mayor Allen reported on his attemd~'~nce with Chiefs Parker m~d Points at a meeting hosted by Sheriff Pi-att on a new jail. VI. STAFF REPORTS A. City Adn~strator: 1. Depot: Estimates of repair costs and a request to purchase the building by Wilde Wolf 0il Co. were considered. A motion by Mr. Wallace to table further discussion of the depot until the first meeting in February, 1990 was seconded by Mr. McCarty and carried unardmously. 2. Id~ho Connuniry Development Block Grant Program: ~ income survey to establish low and moderate income eligibility was reviewed. Staff will proceed with this effort. 3. Deinhard Lane Issue: Mayor Allen confirmed prior discussions of referral of the issue to the Airport and Transportation Committees for joint review and recommendations. 4. Park Architect/Engineering Proposals: By consensus, the Council agreed to schedule consultant interviews for Thursday, September 7, 1989 following the budget hearing meeting. The Mayor so ordered. 5. Contract Award, Hole No. 3 Repair, Golf Course: bids were received for the project as follows: Telmconn: $ 53,675.00 Co. $ 52,700.00 Mr. Moltke moved to award the contract to ILS Co., Mr. Wallace seconded and the motion carried. 6. Budget: The Council determi~ed to recess this meeting to Monday, Aug, ost 28th at 7:30 p.m. and %l~esday, August 29th at 12:00 noon to meet budget approval and notice deadlines. 7. Golf Foundation: The golf fundraising group has decided to create a foundation° %hey asked that funds received to date be r~m~tted to the foundation. After discussion, Mr. V~ moved to authorize the Treasurer to remit donations to the foundation with the prior written request of the donor and only when the foundation is incorporated. Mr. MgCarty seconded and on a roll call vote, Councilmen VanKomen, McCarty, Wallace and Moltke voted "Aye" and the motion carried. ~k. McCarty was excused at 8:50 p.m. He asked to conmm~t on the "Jet Ski" Ordinance before leaving. He suggested not targeting personal watercraft, but creating a "no wake" zone affecting all watercraft. He suggested that markers on shore could resolve the boundary issue and Yz. McCarty advocated an age restriction on operators as well. City Attorney' s Report 1. Ordinance 557, relating to Personal Watercraft, second reading: %he City Attorney read Ordinance 557 by title. Persons attending the meeting were invited to comment. Scott Findlay addressed the safety and enforcemea%t issue. Without further comment, the Mayor ordered Ordinance 557 filed for a third readirq~. 2. Ordinance 558, Water Rate Adjustment, second read,g: The City Attorney read Ordinance 558 by title and 'the chair ordered the ord~,mnce filed for a third reading. 97 3. Jail Lease Amendment: A completed copy of the amended jail lease was presented to the City Clerk. 4. Gentry Easement: Mr. Remaklus reviewed a recent submittal from Attorney Killan regarding a license agreement on the property. Mr. Moltke moved to approach the owner on a purchase. Mr. VanKomen seconded and the motion carried. lhe Mayor ordered the attorney to proceed as directed. City Treasurer's Report: Pierson collection: ~ The $441.08 bill on past due "Bed & Booze" taxes from Dautis Pearson, dba, The Yacht Club has been paid. PUBLIC HEARING: At 7:30 p.m., the noticed time for a public hearing regarding a Variance Request by George and Sally Sloane, Mayor Allen opened the hearing. Staff reviewed prior actions, notices and recc~nendations of the City Planning and Zo~dng Com=ission. M~o.r Allen declared the accumulated record on the matter a part of nnzs proceeding. Attorney Udell spoke on behalf of the proponents. Yz. Ernie Macintosh, of Payette Lakes Lumber Company, spoke against the proposal noting that the setback precluded future developments. Mayor Allen closed the hearing. After discussion, Mr. MgCarty moved to allow the ten foot rear setback as reccm~anded by the Ccnmission and to allow relief from the landscaping requirement provided, however, that they meet all previously approved landscaping requirements, and to otherwise adopt the Findings of Fact and Conclusions of Law as recommended by the Cc~mission and dated July 27, 1989. The motion was seconded by Mr. VanKo~n and carried unanimously. Vii. OlD BUSINESS: A. Gem City Program: Gary Cuff discussed the program and noted the first training session is on September 19, 1989. Airport Project: 1. Change Order No. 2: This change order adjusts quantities and adds a dirt control treatme~t. After review, Mr. Wallace moved to approve Ll%ange Order No. 2. Mr. V~n seconded and the motion carried. 2. Final Pay Estimate, Construction, Central Pavi~g: After review, the Council asked for; additional research relating to ret~nage and to forward the matter to the August 28th recessed session. The Mayor so ordered. Resolution 23-89: The resolution authorizes payment of the asphalt bill from Central Paving for street paving work. Mr. Wallace moved to adopt Resolution 23-89, Mm-. VanKom~ seconded and the motion carried on a roll call vote with Councilmen Wallace, VanKoman and YDltke voting "Aye". Survey of Colorado and First: bk. Kmrr presented his findings on the proper~j boundaries at First and Colorado indicating the city's ownership of a 30' right-of-way. VIII.NEW BUSIIqESS: A. Pioneer Lease Assignment m~d New Lease: i. An assignment of the Pioneer Aviation airport ~BO Lease to Pioneer Air Service was presented and reviewed. Mr. Moltke moved to approve the assigr~mnt, bk. Van~ seconded and the motion carried. ii. New Lease, Pioneer Aviation: The lease for a 100'xl00' parcel at the MgCall Airport was reviewed. Mr. Moltke moved to approve the lease and authorize the Mayor to execute it. %he motion was seconded by Mr. VanKoman. Mr. VanKomen reported a professional relationship and the City Attorney opined that no conflict of interest existed. On a voice vote, the motion carried unaninxxmly. BOARD, COMiIITEE & CLPPSSSION REP0t~fS: City Planning and Zoning Cczmzission, August 9th meeting: A recouu~ndation to approve a Special Use Permit for Chris Dewey, et al, for operating a daycare center and preschool in a Z'~--A low density residential neighborhood was reviewed. The Commission recommended no additional hearings be held. After review and discussion, Mr· Wallace moved to approve the Findings of Fact and Conclusions of 'Law as recommended by the City Planning and Zoning Commission dated August 21, 1989· Mr. bbltke seconded the motion and on a voice vote, the motic~ carried unm~ly. A letter from Star News editor, Tom Grote, was noted. XI. IIqFORMATION ITEMS: A letter from the City Administrator conveying prior council actic~% regarding an E~ garage was noted· B. AICAction Bulletin No. 16 was also noted. XII. RECESS: Mr. Moltke moved to recess until 7:30 p.m., Monday, August 28, 1989. Mr. Wallace seconded '~d the meeting recessed. Mayor ATi~ST: ' -ARTHUR Jz/SCHMIIY£ Clerk /, CItY OF McCALL CITY COUNCIL MINUTES AUGUST 28, 1989 I. CALL TO ORDER AND ROLL CALL: The recessed Council meeting of August 24th was reconvened by Council President McCarty. Councilmen VanKomen, McCar.ty, Moltke and Wallace answered the roll call· II. FINAL PAY ESTIMATE (NO. 4) AIRPORT PROJECT CONSTRUCTION: The estimate was determined to be for release of retainage on the project° After discussion, Mr. Wallace moved to approve Pay Estimate No. 4 to Central Paving for airport construction. Mr Moltke seconded and the motion carried. III. BUDGET WORKSESSION: This worksession was to reconcile the FY 1989-1990 budget. The following~actions and directions were taken: Direct service charge transfers were reviewed and increased by $24,366.00. Revenue estimates were reviewed and increased by $1,500.00. Direction was given to amend the fees for Variance and Special Use Permits based on the fees othe~ cities levy. The City Attorney is to have all ordinances, resolutions and agreements in Council packets before they are to be considered. It was directed that the water rate adjustment be increased from $3.00 to $3.50, leaving the additional .50 in the Operations and Maintenance account. The City Attorney was directed to prepare an alternate ordinance wi%h this cha~e. 5. 99 IV. There were approximately $152,000.00 in deletions made from the budget requests, including: Covering City Hall walkway: $20,000 Retainer increase to City Atty.: $4,800 Computer requests by Police & Court: $2,880 Street sweeper: $3,252 Compressor: $447. Narcotics officer: $21,852 Fire equipment: $13,330 City Hall painting: $2,200 Animal Control replacement vehicle: $2,500 Rotary Park retaining wall: $3,000 Planning consultant (reduced): $15,000 Industrial mower: $1,200 Street sander: $3,000 Sidewalk repairs: $6,000 Sand tipple: $6,500 Library carpeting: $2,480 Police special events: $2,800 Computer programing (water/sewer): $5,000 Reduce P.D. overtime/part time: $5,000 Adjusted the beginning balance: + $17,000 Reduced the patrolman request to 9 months commencing 1-1-90 ($7,000) At this point, a positive balance of $2,644 resulted. RECESS: Mr. Moltke moved to recess to 12:00 noon, August 29, 1989 to allow staff to amend the budget and the budget notice. Mr. VanKomen seconded and the motion carried. RECESSED SESSION MINUTES August 29, 1989 CALL TO ORDER AND ROLL CALL: : Council reconvened at 12:00 noon. Mr. McCarty presided. Councilmen McCarty, Wallace, VanKomen and Moltke answered the roll call. II. BUDGET WORKSE$SION: Final figures were reviewed. A zero balance on September 30, 1990 for the General Fund was noted. A problem with the airport budget was also noted. After discussion, a motion by Mr. Moltke, second by Mr. McCarty, authorized adding revenue of $5,373 to the airport budget and amending the notice, and adopting the tentative budget for FY 1989-1990 as presented in the draft notice and ordering the Clerk to notice a budget hearing on the annual appropriation ordinance for 12:00 noon on September 7, 1989. The motion carried unanimously. III. ADJOURNMENT: Mr. Moltke moved to adjourn. the motion carried. Mr. VanKomen seconded and Mayor ATTEST: Clerk 100 CITY OF McCA/.T. CITY COUNCIL MINUTES September 7, 1989 Special Meeting at 12:00 noon II. Call to Order.gnd Roll Call: Mayor Allen called the meeting to order at 12:04 p.m. Councilmen McCarty, VanKomen, Moltke and Wallace answered the roll call. Ordinance 559, the Annual Appropriation Bill for Fiscal Year 1989-1990: Mayor Allen announced that this was the time and place duly noticed for a hearing on the annual appropriations ordinances for FY 1989-1990. He opened the floor for public comment. No one wished to comment and Mayor Allen declared the hearing closed. Councilman McCarty moved to suspend the rule requiring that an ordinance be read on three separate occasions. Mr. VanKomen seconded the motion and on a roll call vote, Councilmen McCarty, VanKomen, Moltke and Wallace voted "Aye". The Mayor declared that the motion to suspend the rules had carried. Mr. McCarty then moved to adopt Ordinance 559. Mr. VanKomen seconded. On a roll call vote, Councilmen McCarty, VanKomen, Moltke and Wallace voted "Aye". The motion carried and the ordinance is adopted. cmoF~ - 0RDn%U~ ~. 559 AN ORDINANCE TERMED '~IHE A~NUAL APPROPR/ATION BILL" APPRDPRIATING SUC~ bll~S OF ~[I~Y AS ARE DEkl~D NECESSARY ID DEFRAY ALL lqE6~SSARY EXP~NSES AND LIABILITIES OF 'IME CI'i~f OF McCALL, IDA}D FOR THE FISCAL YEAR ENDING ~ 30, 1989. BE 1T ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, Section 1. %here is hereby appropriated to defray all necessary expermes of t_he City of McCall, Idaho, for the fiscal year cc~nen¢ing October 1, 1989, and ending September 30, 1990, the man of $4,117,075 which said m~ shall be appropriated to th~ several funds of said City as follows: General AH~{n/straCion $ 300,053.00 Police 207,898.00 Fire 57,724.00 Public Works 292t979.00 TOTAL GENh~AL~ND~ 858,654'.00 Street Fund Library Rmd Liability Insurance G.O. Bond Debt Service Parks/Sec. Capital Projects Water Fund Sewer Fund GoLf Course Aixporc Tnmt & Ag~ ~ 148 334.00 55.603.00 65.000.00 63.616.00 122.500.00 1,155 000.00 295745.00 313.952.00 981 125.00 42 721.00 14~825.00 3,258,421.0'0 4,117,075.00 PASSED AI~) APPRDVED this 7th day of Sept,.r, 1989. IV. Special Tax Assessments: ~0~ City Treasurer Henderson advised of two special tax ~assessments that'he wished to forward for collection via special property tax assessments upon Steven Grey and Janet Bevington in the respective amounts of $203.02 and $178~00. Mr. McCarty moved to approve the special assessments, ~. Moltke seconded and the motion carried. VI. Architect/Engineer Consultant Interviews= The Council was joined by Max Wiliamson, Chairman, and Allen Muller and Kathy Killen, members of the Parks and Recreation Advisory Committee to interview two proposals. One by Jensen-Belts and one by JUB Engineering. Each group made a 45 minute presentation and was asked a series of questions. At the conclusion of the interviews, the proposals were discussed. After discussion, Mr. VanKomen moved to negotiate an agreement to engage the Jensen-Belts team as the architectural/engineering consultants for the Park Bond Project. The motion included direction to involve City staff in land acquisition and engaging Kerr Surveying for survey work. Mr. Moltke seconded and the motion carried unanimously. VII. Resolution 24-89 Declaring a General city Election on November 7, 1989: The resolution was presented. Mr. McCarty moved to adopt Resolution 24-89, Mr. VanKomen seconded and the motion carried unanimously. VIIIiAdjournment: Without further business, Mr. McCarty moved to adjourn. Mr. Wallace seconded and the motion carried. JOHN Mayor ATTEST: CITY OF McCALL CITY COUNCIL SPECIAL MEETING MINUTES September 15, 1989 me Call to Order and Roll Call: Pursuant to a proper notice of a special meeting, Mayor Allen called the meeting to order at 10:30 a.m. Councilmen McCarty, Wallace and VanKomen .were present. Mr. Moltke was absent. II. Sale of Golf Course Revenue Bonds/Resolution.25-89: The notice of sale required receipt of bids. by 5:00 p.m. on September 14, 1989. These bids were del, ivered to the Clerk at that time, witnessed by BSnd COunsel, Mike Moore, Financial Consultant Bob Hildemann, city Attorney Robert Remaklus and Mary Floyd of West One Bank. The bids were from: Shearson-Lehman, West One Bank, Utah, and Kirchner-Moore. At 7:00 p.m. on September 14, 1989, pursuant to the notice, at the time for the regular City Council meeting, the bids were opened. Mayor Allen, Councilmen Wallace and VanKomen were present, though not constituting a quorum. The bids were: ~t Effective Interest ~ate Kirchn~r Moore & Co. Shearson-Lehman West One Bank, Utah 7.093683% 7.133254% 7.306853% 102 Action was deferred at that time to this Special Meeting at which a quorum could be present° Resolution 25-89 was introduced awarding the bonds for sale to Kirchner-Moore and Company. Mr. Wallace moved to adopt Resolution 25-89, Mr. McCarty seconded and on a roll call vote, Councilmen Wallace, McCarty and VanKomen voted "Aye". The motion carried. III. AWOS, Award of Bid: A staff report indicated the following conditions: 1. The project had been bid twice on August 7th and August 31; 2. On August 31, one bid was received from Qualimetrics, Inc. for $46,616.00o 3. The bidder has no Idaho Public Works license. 4. In order to complete.the project before winter, insufficient time exists to rebid the project. Based upon these findings, Mr. McCarty moved to reject all bids. Mr. VaKomen seconded and on a voice vote, the motion carried unanimously. Mr. McCarty then moved to direct staff, the City Attorney, and airport engineer to negotiate a contract for installation of the AW0S I facility with a licensed Public Works contractor for substantially the same amount as the bid and to authorize the Mayor to sign and execute the contract to expedite this project. Mr. VanKomen seconded and the motion carried unanimously. IV. Adjournment: Without further business, Mr. Wallace moved to adjourn. Mr. McCarty seconded and the motion carried. J. %A~LEN -b Mayor ATTEST: qTHUR SCHMI T Clerk CITY OF MGCATJ. CITY COUNCIL MINUTES September 21, 1989 II. Call to Order and Roll Call: Mayor Allen called the meeting to order at 7:00 p.m. Mr. Moltke and Mr. Wallace answered the roll call. Mayor Allen declared that, lacking a quorum, no actions could be taken requiring a vote. Mayor' s Orders: With the concurrence of Mr. Wallace and Mr., Moltke on all matters, Mayor Allen ordered the following: 1. That the claims list dated September 15, 1989 be paid immediately and resubmitted to the full Council for approval; 2. That the Consent Calendar be filed; 3. That the Treasurer's Report dated August 31, 1989, be filed; 4. That the Valley County Tax Report be filed; 5. That the Notice of Claim by Leona Syme be referred to the City Attorney and insurance carrier; 6. That a water bill hearing be set for October 26, 1989 at 7:30 p.m. by the request of Gladys Shelton; 7. 103 That a hearing on the Duane and Alberta Smith request for a special use permit be set for October 26, 1989 at 7:45 p.m. That the correspondence from Mr. Udell re: the Sloane Special Use Permit and from AIC be noted and filed; 9. That the information items be noted and filed; 10. That the staff pursue a permanent loan of the Seagrams Fire Apparatus to the Long Valley Historical Society; 11. That the Christensen water bill hearing be continued to October 12, 1989 at 7:30 p.m.; 12. 13. That this meeting's agenda be scheduled for 10:00 a.m. on Tuesday, September 26, 1989. That the U.S. Weather Service be queried for assistance for upgrading the AWOS to a Class III system. Mayor ATTEST: A~THUR J ./~HMI DT Clerk CITY OF McCALL CITY COUNCIL MINUTES September 26, 1989 I. Roll Call and Call to Order: The rescheduled meeting of September 21st was called to order by Council President McCarty at 10:00 a.m. in the 'Council Chambers. Mssrs. McCarty, VanKomen, Moltke and Wallace answered the roll. Mayor Allen was absent. II. Minutes: The minutes of August 10, 14, 16, 17, 22 and 28, 1989, after review, were ordered filed by'the Chair without objection. III. Payment of Claims: On September 21st, Mayor Allen ordered the claims list dated September 15th paid. Mr. Moltke moved to confirm payment of those claims. Mr. Wallace seconded and the motion carried unanimously. IV. Consent Calendar: The ~air ordered the filing of the Consent Calendar of confirmed without objection. V. Mayor and Council Comments and Reports: Mayor Allen's nomination of Wayne Allen to the Park and Recreation Advisory Committee was presented. Mr. VanKomen moved to confirm the nomination, Mr. Wallace seconded and the motion carried. Mayor Allen's nomination of Steve Millemann to serve on the Parks and Recreation Advisory Committee was presented. Mr. Wallace moved to confirm the nomination, Mr. Moltke seconded and the motion carried. VI. Staff Reports: A. City Administrator: (1) A Notice of Claim from Ken Kuhn was presented. Mr. Moltke moved to acknowledge receipt and refer 104 the claim to the insurance carrier and the City Attorney. Mr. VanKomen seconded and the motion carried. (2) Other Items: The Administrator advised of the need for an executive session at this or a subsequent meeting regarding a land purchase. Council deferred the item to October 12th. The Administrator asked for further direction scheduling planner interviews, advised of certain election issues, and noted the need for a city identifier/logo on city vehicles. City Attorney; (1) Resolution 26-89 regarding investment of idle funds through the State Treasurer's Office. Mr. Moltke moved to adopt Resolution 26-89, Mr. VanKomen seconded and the motion carried unanimously. VII. Old Business: A. Ordinance 558 Regarding a Water Rate Increase; After Council direction during budget discussions, Ordinance 558 was withdrawn and Ordinance 558-A was introduced. Mr. Wallace moved to suspend the rule requiring that an ordinance be read on three separate occasions, Mr. VanKomen seconded and on a roll call vote, Councilmen Wallace, VanKomen, Moltke and McCarty voted "Aye". The rule was suspended. Mr. Moltke moved to adopt Ordinance 558-A, Mr. Wallace seconded and on a roll call vote, Councilmen Moltke, Wallace, VanKomen and McCarty voted "Aye". The motion carried and the Chair declared the ordinance adopted° ORDINANCE NO. 558-A AN ORDIN~/~CE RELATING TO WATER RATES; SETTING FORTH A STATEMENT OF PURPOSE; AMENDING SECTION 8-1-43 OF THE VILLAGE CODE OF McCALL, IDAHO, TO INCREASE WATER RATES; AMENDING SECTION 8-1-43~ TO INCREASE THE ~.IOUNT OF MONTHLY WATER CHARGES TRANSFERRED TO THE WATER CAPITAL ~4PROVEMENT FUND; AMENDING SECTION 3-1-44 OF THE VILLAGE CODE OF MCCALL, IDAHO, TO EQUALIZE WATER RATES BETWEEN RESIDENT AND NON RESI- DENT WATER USERS AND TO PROVIDE FOR A MONTHLY FEE FOR OPERATION AND MAINTENANCE OF THE CITY WATER SYS- T~4 OUTSIDE OF THE CORPORATE LIMITS OF THE CITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is deemed to be in the best interests of the City and its water users to increase water rates in order to provide additional funds for the Water Capital Improvement Fund to update, extend and replace the city water supply system with- out incurring bond election costs and interest costs; and WHEREAS, it is in the best interests of the City of McCall to'equalize water rates between resident and non resident users of water from the city water system and to impose a reasonable charge upon such non resident water users to cover additional costs of the city in providing water to outlying areas and to defray the additional costs of the city in maintenance and operation of those portions of the city water supply system lying outside of the corporate limits of the city. NOW, THEREFORE, be it ordained by the Mayor and Council of the City of McCall, Idaho, as follows: Section 1. That Section 8-1-43 of the Village Code of McCall, Idaho, ~e, and the same is hereby amended to read as follows: 8-1-43: SCHEDULE OF CHARGES: Ail users of the water in said city are hereby classified as follows and shall be charged at the rates hereinafter set forth, to-wit: Class A. Single family dwellings, s~ nine and 50/100s dollars ($6 9.50) per month, except for the months of June, July an--~ugust of each year when such water charge shall be the sum of seve~ ten and 50/100s dollars ($7 10.50) per month. A demand for a water supply of one I~(l") diameter pipe or larger will be classi- fied as hereinafter set forth for commercial users. Class B. Multiple family facility will be charged on one billing only, at the rate of s~x nine and 50/100s dollars ($6 9.50) per month per family, except for the months o~--~ne, July and August of each year when such water charges shall be seven ten and 50/100s dollars ($~ 10.50) per month. Class C. Multiple family facility, separate billings to each tenant at the rate of s~ nine and 50/100s dollars ($6 9.50) per month except for the months of June, July an---~-~ugust of each year when such water ' charges shall be seven ten and 50/100s dollars ($5 10.50) per month. Class D. Apartments, that is to say, any room or group of rooms that includes usual living and cooking facil- ities shall be charged to the record owner at the rate of s~ nine and 50/100s dollars ($6 9.50) .per month per apartment; each unit of a condom~n~m shall be classified as an apartment. Class E. Nonmetered commercial users, at the rate of e~gh~ eleven and 50/100s dollars ($8 11.50) per month. Class F. Metered commercial users, at the rate of e~h~ eleven and 50/100s dollars ($8 11.50) per month plus overrun as hereinafter set forth~ Class G. Commercial buildings housing apartments, such apartments shall be charqed as set forth in Class D above and each commercial user therein shall be charged at the rates set forth in Class E and F above, depending upon whether such users are metered or nonmetered. In the event that any of such commercial users share water facilities with another commercial user., one monthly charge shall be imposed for each such water user against the record owner of such premises. Class H. All other commercial buildings shall be charged at the rate of e&gh% eleven and 50/100s dollars ($8 11.50) per month per commercial user plus overrun as hereinafter defined. In the event that plumbing in such commercial build- ing does not permit measurement of each overrun, the owner of record of such premises shall be charged for the total monthly overrun of such building. Class I. Churches and fraternal organizations nine and 50/100s dollars ($6 9.50) per month plus overrun. OVERRUN: Overrun is defined as any and all water over and above three thousand (3,000) gallons per month. Charges for overrun are as follows: (A) The next five thousand (5,000) gallons at ninety cents ($.90) per thousand (1,000) gallons. (B) The next ten thousand (10,000) gallons at sixty cents ($.60) per thousand (1,000) gallons. (C) The next ten thousand (10,000) gallons at forty five cents ($.45) per thousand (1,000) gallons. (D) At the rate of thirty cents ($.30) for each one thousand (1,000) gallons over and above twenty eight thousand (28,000) gallons. 8-1-43A: BILLING CYCLE: The use of water for any part of a month shall be billed as a whole month. Section 2. That Section 8-1-43B of the Village Code of McCall, Idaho, be, and the same is hereby amended to read as follows: 8-1-43B: PAYMENTS TO WATER CAPITAL IMPROV~fENT FUND: The sum of ene four dollars twenty five cents ($~ 4.25) per month of the monthly c~rge to Tach water user shall be-transferred by the City Clerk into the Water Capital Improvement Fund established and created by Section 8-1-43C of the Village Code of McCall, Idaho. section 3. That Section 8-1-44 of the Village Code of McCall, Idaho, be, and the same is hereby amended to read as follows: 8-1-44: NON RESIDENT USERS: Charges for water consumed by all water users situated and located outside of the corporate limits of the City and using water from the City system, shall be deuB~e the same as the rates hereinabove set forth in this Chapterv p u~ t-~ sum of fifty cents ($.50) per month to defray additional costs of' maintenance and operation of those portion~ of the city water system lyin~ outside the corporate limits of the city. The formula for determining whether!"the user is resi- dential or commercial shall be the same as that set forth in Section 8-1-43. Section 4. EFFECTIVE DATE. This ordinance shall be in full force and 'effect from and after October 1, 1989. Passed and approved this ~-~day of September, 1989. Attest: ' Ci{y c~rK ' Mayor 105 106 Bo Evergreen Terrace IIio Final Plat: Staff reported that all requirements for final approval had been satisfied. Mr. Wallace moved to approve the Evergreen Terrace III final plat and authorize the Mayor to sign. Mr. Moltke seconded and the motion carried. C. golf Course Issues: (1) Contract, rehabilitation of Hole No. 3: A Contract and Change Order were presented. The Contract for $52,700.00 to ILS Co., Conrad Kranzler, is reduced to $8,000.00 by the Change Order. Mr. Moltke moved to approve the Contract and the Change Order as presented and on a roll call vote, Councilmen Moltke, VanKomen, Wallace and McCarty voted "Aye" and the motion carried. (2) Architects Agreement: An agreement with McCall Design and Planning, Andrew Laidlaw, was presented which covers Work through construction of the new clubhouse. After discussion, Mr. Moltke moved to approve the contract subject to the City Attorney's review and approval. The Mayor was authorized to sign. Mr. VanKomen seconded and on a roll call vote, Councilmen Moltke, VanKomen, Wallace and McCarty voted "Aye" and the motion carried. (3) Final Design, Golf Clubhouse: After presentation and review by Mr. Laidlaw and GCAC Chairman Dan Hormaechea, Mr. Moltke moved to approve the final design of the golf clubhouse. Mr. VanKomen seconded and the motion carried unanimously on a voice vote. Mr. VanKomen asked to be excused and was. (4) Clubhouse Foundation Work: The architect asked for approval of plans and specifications and for an authorization to call for bids immediately. Mr. Wallace moved to approve the plans and specifications and call for bids immediately in order to attempt to have these in place before snowfall. Mr. Moltke seconded and the motion carried with three "Aye" votes. (5) Cart Paths: Cart paths were paved/asphalt treated at the Golf Foundation's expense. Council noted the installation. (6) Golf Contractor Agreement; Resolution 28-89: The bank counsels that a change in the contract is required to assure his approving opinion and that the bonds will be tax-exempt. The resolution orders notice of contra'ct cancellation and revision to the contractor, Mr. Dripps. Mr. Moltke moved to adopt Resolution 28-89. Mr. Wallace seconded the motion and on a roll call vote, Councilmen Moltke, Wallace and McCarty voted "Aye". The Chair declared the Resolution adopted. De Ee Sleight Issue: First and Colorado: The Chair ordered the matter referreg to a future unspecified agenda. Gem city Program: Memorandum of Understanding: The Administrator asked for authorization to sign the Memorandum of Understanding. Mr. Moltke moved to approve execution by the Administrator of the Gem City Memorandum of Understanding, Mr. Wallace seconded and the motion carried unanimously. River Recreational Route Crossing~ A temporary river crossing to ensure a snowmobile route for the 1989-90 winter season was described. A Department of Water Resources permit is required. Mr. Wallace moved to authorize the Mayor to sign a temporary river crossing permit. Mr. McCarty seconded and the motion carried. VIII.New Business: 107 A. Appointment of Election Doard; The following were recommended for appointment: Julie Eddins, Election Judge; Aliene Pierce, Margaret Fogg, Emily Whitman and Sharon Wolfe as Election Clerks. Compensation for the judge is set at $4.25/hour. $4.00/hour was recommended for the clerks. Mr. Moltke moved to appoint the Election Board for the November 7th City Election as recommended. Mr. Wallace seconded and the motion carried on a voice vote. Resolution 27-89: Compensation for the City Administrator/Clerk: Mr. Wallace moved to adopt Resolution 27-89, Mr. Moltke seconded'and the motion carried. The Chair declared Resolution 27-89 adopted. C. EMS Garage; The plans and specifications were presented. Mr. Wallace moved to approve the plans and specifications and to call for bids for construction of an addition to the McCall Fire Department to house two ambulances. Mr. Moltke seconded and the motion carried unanimously. D. Dump Truck Purch~se~ The truck specifications were presented. After direction to request an option on the snow plow blade, Mr. Wallace moved to approve the specifications as amended and call for bids. Mr. Moltke seconded and the motion carried. IX. Board, Committee and Commission Reports: The Impact Area Planning and Zoning Commission minutes of August 23, 1989 with Findings of Fact and Conclusions of Law on the Robert Hendren Variance request were reviewed. After discussion, Mr. Wallace moved that the Council adopt the Findings of Fact and Conclusions of Law recommended by the Commission. Mr. Moltke seconded and the motion carried. The Golf Course Advisory Committee minutes of September 5th and September 9th were reviewed and, without objection, ordered filed by the Chair. X. Adjournment: Without further business, Mr. Wallace moved to adjourn. Mr. Moltke seconded and the motion carried. MayOr ATTEST: · M~HIJR ~. $CHMID~ Clerk 108 CITY OF McCALL CITY COUNCIL SPECIAL MEETING MINUTES October 6, 1989 me ROLL CALLs Mayor Allen called the roll at 12:15 p.m. Mssrs. McCarty, VanKomen and Wallace answered the roll. Mr, Moltke was absent. II. PLANNING CONSULTANT INTERVIEWS: The Council interviewed Lee Nellis and Ida-Or representatives Phil Choate and E.J. Smith for the Planning Consultant effort to revise the comprehensive land use plan and zoning ordinances. FOllowing the interviews and discussion, Mr. Wallace moved to engage and negotiate a contract with the Ida-Or Planning and Development Association for planning services. Mr. McCarty seconded. On a voice vote, Councilmen Wallace and McCarty voted "Aye", Mr. VanKomen Voted "No". The motion carried. III. RESOLUTION 33-89; The Resolution authorizes a revenue anticipation note to borrow against General Obligation Bond proceeds .to conclude the purchase of the Brown park parcel. Mr. VanKomen moved to adopt Resolution 33-89, Mr. McCarty seconded and on a voice vote, the motion carried unanimously. IV. RESOLUTION 29-89: This Resolution authorized lease purchase of certain office equipment. Mr. McCarty moved to adopt Resolution 29-89. Mr. Wallace seconded. On a roll call vote, Councilmen McCarty, Wallace and VanKomen voted "Aye" and the motion carried. V. OTHER BUSINE~$~ Mr. Wallace asked to be excused from the October 12th meeting. Mr. Wallace advised of a possible loan of culverts for the winter snowmobile c~ossing. Mr, Wallace moved to adjourn. Mr. VanKomen seconded and the motion carried on a voice vote. Mayo~ ATTEST: .~ ~RT~U~ J,./SCHMIDT City Clerk CITY OF McCALL CITY COUNCIL MINUTES October 12, 1989 109 I. CALL TO ORDER AND ROLL CAT.L: Council President McCarty called the meeting to order at 7:00 p.m. Councilmen VanKom~n, Moltke and McCarty answered the roll call. Mr. Wallace and Mayor Allen were absent. II. MINUTES: Without objection from the floor, the chair ordered the minutes of the September 7, 15, 21, and 26 meetings "filed as presented. III.' PAYMENT OF CLAIMS: A list of claims dated October 6, 1989 was presented. After review, Mr. Moltke moved to pay the claims as presented. Mr. VanKomen seconded and on a roll call, Councilmen Moltke, VanKomen and McCarty voted "Aye" and the motion carried. IV. CONSENT CAL~DAR: The following items were listed on the consent calendar: 1. Catering Permits for Lardo's dated September 7, ~' 15, 21, 26 and 30, 1989. 2. Parks and Recreation Advisory Committee minutes of September 20, 1989. 3. Building Report for the month of September. V. MAYOR & COUNCIL COMMENTS AND REPORTS: Mayor Allen's nomination of Mike Anderson to the Impact Planning and Zoning Committee was presented. Mr. VanKomen moved to confirm the nomination. Mr. Moltke seconded and the motion carried. VI. STAFF REPORTS: 1. city Administrator: b® FAA Agreement on the Non-Directional Beacon (NDB) operation. This Agreement was presented. After discussion, Mr. Moltke moved to approve the Agreement. Mr. VanKomen seconded and on a roll call vote, Councilmen Moltke, VanKomen and McCarty voted "Aye". EMS Garage: No bids were received at the bid opening date. The Council consensus was not to re-bid the project, but to direct staff to negotiate a contract to accomplish the project. Dump Truck Bids: Bids were received on the purchase of a new truck. Staff recommended rejecting the low bid as unresp.onsive and to accept the Dennis Dillon bid. Mr. Moltke moved and Mr. VanKomen seconded to accept the bid. After discussion, the motion and second were withdrawn and the matter referred to the next agenda. de Other Reports: The Administrator reported that clearing and grubbing of the new clubhouse site was underway, that work on the AWOS was in progress, and requested direction in a clean-up effort on the new lakeshore property. Council advised to proceed with city crews and to use up to $2,000.00 for equipment and labor if required. A recess of the meeting was also scheduled for 12:00 noon on October 23rd to deal with the Golf Clubhouse bids. 110 e City Attorney Report: Sewer Bypass Agreement with Payette Lakes Sewer District: The Attorney presented the Agreement and discussed it with the Council. Mr. VanKomen voted to approve the Agreement and authorize the Mayor to sign it. Mr. Moltke seconded and the motion carried on a roll call vote with Councilmen VanKomen, Moltke and McCarty voting "Aye". EMS Garage Agreement:. The Agreement signed by Valley County was presented. After discussion, the issu'e was moved to the next agenda. Airport Engineering Agreement, Toothman-Orton Engineering: This Agreement amends the original agreement and increases the monthly retainer for services. On a motion by Mr. Moltke, seconded by Mr. VanKomen, the Agreement was approved on a roll call vote with Councilmen Moltke, VanKomen and McCarty voting "Aye". Aspen Condo Water Bills: The Attorney reported on the status. Mr. VanKomen moved to direct the City Attorney to serve a final demand for payment. Then, unless paid, to file suit to collect the amount owing. Mr. Moltke seconded and the motion carried. 3. City Treasurer's Report: Year End Report: A tentative year end report was presented, pending audit adjustments. The Treasurer reported that the golf bond proceeds had been received and were invested. VII. PUBLIC HEARINGS: Shelton Water Bill: The treasurer reported that Mr. Shelton was ill and unable to attend and asked to have the matter rescheduled to October 26, 1989 at 7:30 p.m. The Chair, without objection, so ordered. e Christensen Water Bill: Ms. Christensen was unable to attend and the Treasurer asked that the matter be moved to the next meeting. The Chair directed this to the next agenda for its final rescheduling and disposition. VIII.OLD BUSINESS: Close-out Miscellaneous Piping Project: Change Orders: Mike Maffey of Toothman-Orton Engineering presented change orders no. Al, B1, Cl, and D1, all deductive, quantity adjusting changes. Mr. VanKomen moved to approve change orders Al, B1, Cl and D1. Mr. McCarty seconded and the motion carried. Pay Estimates: The first and final pay estimates identified on schedule~ A, B, C and D were presented. Mr. Moltke moved to approve the pay estimates and authorize the Mayor to sign. Mr. VanKomen seconded and on a roll call vote, Councilmen Moltke, VanKomen and McCarty voted "Aye" and the motion carried. Substantial Completion: Mr. Maffey recommended that September 27, 1989 be acknowledged as the date of substantial completion on the project. Mr. VanKomen moved to accept the date, Mr. Moltke seconded and the motion carried unanimously on a voice vote. Recreational Paths: Mr. Orton presented the tentative routing and discussed the matter with the Council. IX. Jet Ski Regulation: Council action was deferred to the next agenda pending full Council attendance. Marx & Co., Audit Engagement: Since the proposals, engaging Thiel & Marx, the partners have separated. Marx & Co. has retained the City's audit work. The consensus was to request a back-up agreement with another CPA firm in the event of non-performance. The matter was referred back to the Treasurer. Health Insurance, Agent of Record: The city Treasurer reviewed the responses to the Requests for Proposals and the references of each proponent. He recommended appointment of Kermit Peterson for the agent-of-record appointment. Mr. Moltke moved to appoint Kermit Peterson as agent-of-record effective November 1, 1989. The motion was seconded by Mr. VanKomen and on a voice vote, the motion carried. NEW BUSINESS: U.N. Day: Council President McCarty proclaimed October 24, 1989 as United Nations Day. Requests for Hearings on Water Bills: A. Barnard and Max Williamson requested hearings. With concurrence of the Council, the Chair set these hearings for November 9, 1989 at 7:30 p.m. 111 XI. Idaho ICDBG Hearing on Preapplication: The Administrator recommended that a public hearing be scheduled for October 26, 1989 at 7:30 p.m. on the pr·application. With concurrence of the Council, the Chair scheduled this hearing as requested. Resolution 30-89: Related to a citizen Participation Plan for a Community Development Block Grant. The Resolution was presented. Mr. Moltke moved to adopt the Resolution. Mr. VanKomen seconded and the motion carried. Resolution 31-89: Related to anti-displacement, a relocation assistance plan for County Development Block Grant Program Eligibility was presented. Mr. VanKomen moved to adopt Resolution 31-89, Mr. Moltke seconded and the motion carried unanimously. Resolution 32-89: Related to a Fair Hearing Program for County Development Block Grant Eligibility was presented. Mr. Moltke moved to adopt Resolution 32-89, Mr. VanKomen seconded and the motion carried unanimously. Health Insurance Program Renewal: Dave Paulson, representing Blue Shield, presented the renewal program reflecting a 14% increase in cost. He recommended the Care Assist (pr·certification) program and a $200.00 deductible. Mr. VanKomen moved to renew with the Care Assist and the $200.00 deductible amount. Mr. Moltke seconded and the motion carried. INFORMATION ITEMS: The State Highway six year plan was noted an~ discussed. A.letter to Ms. Christensen regarding the water bill dispute was noted. RECESS: Mr. Moltke moved to recess the meeting to 12:00 noon, Monday on October 23, 1989. Mr~ McCarty seconded and the motion carried. 112 Ma~yor . ATTEST C~]erk CITY OF McCALL CITY COUNCIL MINUTES October 23, 1989 I. : ROT,T, C~T,T,: The recessed meeting of October 12th was convened by Council President McCarty at 12:15 p.m. Councilmen "McCarty, Wallace and Moltke answered the roll call. Councilman VanKomen and Mayor Allen were absent. Ii. GOLF CLUBHOUSE; AWARD OF BID(Foundation Only): .Bids were opened on Thursday, October 19th. Four bids were received. The low bid was by Wright Brothers Construction Company in the amount of $52,889.00. After discussion, Mr. Moltke moved to award the bid to Wright Brothers and authorize the Mayor to execute the contract pending review by the City Attorney and the architect. Mr. Wallace seconded and on a roll call vote, Councilmen Moltke, Wallace and McCarty voted "Aye". The motion carried. III. DUMP TRUCK BIDS: After review by the City Attorney and Public Works Director, Mr. Moltke moved to accept the lowest responsive bid from Dennis Dillon GMC in the amount of $56,491.00 for the cab and chassis, dump bed and snowplow as specified. Mr. McCarty seconded and on a roll call vote, Councilmen Moltke, McCarty and Wallace voted "Aye" and the motion carried. IV. PARK USE POLICY: V~ Ms. Marilyn Arp and State Representative Gayle Wilde requested review of the City's park use policy which prohibits use of the park for commercial, sectarian or political purposes· They represented their concern as "issue oriented" and non-partisan· After discussion, the Council consensus was to allow this particular use and to direct staff to review and further elaborate on the policy and present a draft back to the Council for discussion· "'WIGWAM BURNER~ MI~ PARK: Douglas Manchester offered to remove the burner at no cost to the City. After discussion, Mr. Moltke moved to accept the donated removal with the following conditions: That the City be held harmless from claims for damage or injury resulting from such removal; That the City salvage the chain link fencing surrounding the burner; That the donation have no bearing on any future transaction; That it be determined that the structure was not on the Historical Register; Se That the materials of the structure be removed from the site after demolition. Mr. Wallace seconded and on a voice vote, ~ne mouton carried unanimously. VI. TREE REI{OVAL, AIRPORT: · "Staff advised that trees which are obstructions to ~.aviation are being removed from the airport. Further, ~'United States Forest Service equipment will be rented to remove brush and small trees on the West side, south of the jumper base2 WithoUt further business, Mr. Wallace moved to adjourn. Mr. Moltke seconded and the motion carried. JOH~ ~. ALL~ Mayo~ CITY OF McCALL CITY COUNCIL MINUTES October 26, 1989 113 I. C~!,T. TO ORDER AND ROLL CALL: II. At 7:00 p.m., Mayor Allen called the meeting to order. .Councilmen McCarty, Moltke and.Wallace answered the roll call. Mr. VanKomen was absent. MINUTES: The minutes of the October 6th and October 23rd meetings were ordered filed as presented by the Mayor without objection. After discussion, the October 12th meeting ..minutes were corrected and ordered filed as corrected by ~:~the Mayor without objection. III. PAYMENT OF CLAIMS: '" =The list of claims dated October 23rd was presented. The bills for appraisal services on four tracts by Idaho 'Land and Appraisal were questioned. Mr. McCarty moved to approve the claims for payment with the exception of the Idaho Land and Appraisal bill. Mr. Moltke seconded and the motion carried. After further discussion, Mr. McCarty moved and Mr. Moltke seconded a motion to authorize Mr. Wallace to review the authorization for appraisal of the Century 21 parcel and if he feels it was authorized, to permit 'payment of the Idaho Lands claim. The motion carried. .IV. CONSENT CALENDAR: No items were listed for consideration. V. MAYOR AND COUNCIL COHM~AqTS AND REPORTS: A. Mayor Allen presented Dave Smith "with a plaque recogni.zing his twenty-five years of service to the City of McCall. B. Mayor Allen asked approval of a letter requesting that the TranSportation Committee review Master Plan in light of changes in the railroad right-of-way, the IDOT six year plan, and the ai2zDort consensus for the Dienhard Lane bypass routing. Mr. McCarty moved to authorize the memo, Mr. Moltke seconded and the motion carried. VI. STAFF REPORTS: City Administrator's Report~ A written report dated October 24th advised that Passmore Aviation was discontinuing ag-spray service from the airport; that the wigwam burner in Mill Park was not on the historical register, that City offices would be closed on Friday, November 10th for Veteran's Day, and the utilization of the newly installed sewer bypass owing to failure of Sewer District equipment. Also included was a report on staffing of the Recreation Department Mr. Cooke h~as been granted a one year leave of absence with a six month renewal at his request. Craig Baker hHs been appointed Acting Recreation Director for the term of the leave. The report noted that the second November meeting would fall on Thanksgiving. After discussion, Mr. Wallace moved to reschedule the second November meeting to Thursday, November 30, 1989. Mr. MCCarty seconded and the motion carried. The ILS payment request for $5,805.00 for clearing and grubbing at the new golf clubhouse site was presented. The work is complete, the architect recommended no retainage. On a motion by Mr. Wallace, and seconded by Mr. Moltke, authorization was give~ for payment of the site preparation claim when the motion carried on a voice vote. A community service volunteer worker who is a carpenter was assigned by the Court to the Police Department. The Administrator requested at the Police chief's request to use the individual to remove interior walls in the former dispatch area of City Hall, prepatory to renovation of the rear porch as anticipated by the FY 1989-1990 budget. Mr. Wallace moved to accept the volunteer and authorize the work. Mr. Moltke seconded and the motion carried. ~ity A~tQ¥~ey Report:. 1) Aspen Village Water Bill: The Attorney reported on the matter. He was asked to draft a final demand letter and if not paid, to proceed to file an action to collect the bill. 2) Tax Issue: Valley County Notice: A Notice was received from Valley Coqnty showing taxes due on the Merrill parcel purchased for airport purposes. The Attorney advised that a letter to the County would remove the parcel from the tax roll and eliminate the claim. This matter was listed on the agenda as relating to the Seetin parcel. The Attorney agreed to write the letter and the Mayor so ordered. 3) Gentry Easement: Mr. Killen spoke and asked authorization to return to the discussion of an easement. After discussion, Mayor Allen ordered the Attorney to further discuss the easement alternative and report back to the Council. PUBLIC HEARINGS: 1. 7:30 p.m. Gladys Shelton Water Bill Hearing: At Mrs. Shelton's request, the Mayor ordered the hearing rescheduled to November 9th. Christensen Water Bill Hearing: After review, Mr. McCarty moved to offer a settlement of the bill for $91.50 (deleting penalties and interest). Mr. Moltke seconded and the motion carried. Idaho County Development Block Grant Application: Staff reported on the telephone survey conducted to determine the low and moderate income households of the City required. On the basis of the preliminary results, Staff recommended that the application be terminated rather than complete the survey and risk an unfavorable result. Special Use Permit request of Duane and Alberta Smith: Mrs. Eddins, Chairman of the Impact Area Planning and Zoning Commission reported to the Council. Mr. smith and Mr. Pittenger testified. Staff commented on the process and after reviewing the facts and conclusions as presented, Mr. McCarty made a motion to: 1. Find that the storag~ units constitute "Bulk Storage"; 2. Adopt the Findings of Fact and Conclusions of Law of the Impact Planning and zoning Commission; 3. Approve the Special Use Permit with all conditions attached by the Commission. Mr. Moltke seconded and the motion carried unanimously. The Mayor ordered that the entire file on this matter be incorporated by reference into the hearing on this matter without objection. 115 VIII.OLD BUSINESS: EMS Garage and Lease Agreement: 1) Mr. Laidlaw reported on the bid opening, reporting that three bids were received as follows: Jeffries Construction for $80,000.00; Wright Brothers Construction for $86,878.00; RK Stewart Construction for $86,578.00 (plus bond costs). He recommended that, due to the weather and cost, the project be rescheduled and rebid in the spring of 1990. No action to award the bid was taken. 2) Lease: Based on the preceding action, Mr. Wallace moved to house the ambulance at the airport fire station until the new garage issue is resolved. Mr. Moltke seconded and the motion carried. After further discussion, the Mayor directed the City Attorney to amend the lease with Valley County to reflect these actions. The Council concurred in the order. Jet ski IDstructions:. A motion by Mr. Wallace, seconded by Mr. McCarty, moved this item to the next agenda pending full attendance. IX. NEW BUSINESS: A. Classification List Update: The classification list, updated to reflect the 1989-1990 cost of living adjustment, was presented. Mr. Wallace moved ~o approve the updated list as of October 1, 1989. Mr. McCarty seconded and the motion carried. B. Public FSreworks DisplaY Permits: The McCall Chamber of Commerce requested permits for July 4, 1990 and the annual Winter Carnival display. A motion by Mr. Moltke, seconded by Mr. McCarty, to approve both permits carried. C. VASI/FAA L~ase Amendment-[ A lease amendment with the FAA reflecting the relocation of the lights to their new location to accommodate the runway extension was presented. Mr. Wallace moved to approve the agreement and authorize the Mayor to sign. Mr. McCarty seconded and the motion 6arried. D. Resolution 34-89; Record~ Manaaement Policy~ After review and discussion, Mr. Wailace moved to adopt Resolution 34-89. Mr. Moltke seconded, the motion carried and the resolution was adopted. Lease Assignment; Fire Station Lease from ~ne aural Assogi~tio~ to the District: The Lease Assignment was reviewed. Mr. Wallace moved to approve the assignment of the lease by the McCall Rural Fire Association to the new Rural Fire District. On a roll call vote, Councilmen Wallace, McCarty and Moltke voted "Aye" and the motion carried. Community Services Alternative Program: Staff reviewed the program which places court offenders in community agencies for alternative sentencing work. After discussion, Mr. Moltke moved to approve the agreement and the addendum to that agreement. Mr. McCarty seconded and the motion carried. The Staff will review insurance coverage on the matter; General Obligation Bend: A letter from West One Bank reviewed costs of a fifteen ~nd tweqty year General Obligation Bond. After discussion, Mr. McCarty moved to design the bond for a fifteen year maturity. Mr. Moltke seconded and on a roll call vote, Councilmen McCarty, Moltke, and Wallace voted "Aye" and the motion carried. INFORMATION ITEMS: A 1990 Winter Carnival schedule and meeting calendar were acknowledged. EXECUTIVE SESSION: At 9:00 p.m., Mr. McCarty moved to adjourn to Executive Session pursuant to IC 67-2345 to discuss acquisition of property not owned by a public agency. Mr. Moltke seconded and on a roll call vote, Councilmen McCarty, Moltke, and Wallace voted "Aye". Mayor Allen closed the session. At 9:40 p.m., the Council returned to open session. Mr. McCarty moved to direct the City Administrator to offer the appraised value on the Shockley parcel. Mr. Moltke seconded and the motion carried unanimously. XI. ADJOURNMENT: Without further business, Mr. Wallace moved and Mr. McCarty seconded for adjournment. The motion carried. ATTEST: A T UR ¢/SO DT City Cl~rk - CITY OF McCALL CITY COUNCIL SPECIAL MEETING MINUTES October 31, 1989 II. I. Roll Call aRd Cal~ to Order:. Mayor Allen called the meeting to order at 4:00 p.m., as noticed. Councilmen McCarty, Wallace and Moltke answered the roll call. Mr. VanKomen was absent. Century 21 Parcel Appraisal:. Mr. Wallac~ reviewed his concern about the Council's approval to order an appraisal. The Council minutes of the July 27th and August 10th meetings were reviewed. A transcript of a portion of the July 27th meeting'was reviewed. The tape recording of the July 27th action on the matter was heard, indicating Council direction to Staff to secure the appraisal. No action was taken. III. Appraisal Cost: Mark Ritchey, Idaho Land and Appraisal, appeared to discuss the appraisal fees charged by his firm. He outlined various issues and problems on each appraisal. IV. Mr. VanKomen arrived at 4:35 p.m. After further discussion, Mr. McCarty moved to reconsider the claim at the November 9th meeting. Mr. Moltke seconded and the motion carried. Truck Bids: Mr. Wallace asked to reconsider the bids on the dump trucks. After lengthy discussion and review, Mr. McCarty moved to contact Dennis Dillon GMC, place the city's truck order on hold until the bids can be further reviewed. Mr. Moltke seconded and the motion carried unanimously. Council asked to review the bid specifications and notice of the Dillon bid and the Transcorp bids. Adjourn: Mr. Moltke moved to adjourn. seconded and the motion carried. Mr. Mo:Car ty 117 ATTEST: City Clerk CITY OF McCALL CITY COUNCIL MINUTES November 9, 1989 II. III. IV. VI. ROLL CALL & CALL TO ORDER: Mayor Allen called the meeting to order at 7:00 p.m. Councilmen McCarty, VanKomen, and Moltke answered the r011 call. Mr. VanKomen arrived early. Mr. Wallace arrived at 7:15 p.m. MINUTES: The minutes of the October 26th and October 31st meetings were reviewed. Without objection, both were filed as presented by order of the Mayor. CLAIMS: A list of claims dated November 2nd were presented. Mr. VanKomen moved to approve the claims for payment. Mr. McCarty seconded and the motion carried unanimously. CONSENT CALENDAR: The Airport Committee minutes of November 1st was the only item. Without objection, these minutes were ordered filed by the Mayor. MAYOR & COUNCIL COMMENTS AND REPORTS: presented. No matters were STAFF REPORTS: A. City Administrator's Report: 1. The written report noted the removal of the wigwam burner from Mill Park, the Administrator's attendance at an Airport Marketing Seminar, the use of the airport fire station to temporarily house the ambulance, concrete pouring of the new Golf Clubhouse foundations 'on November 10th and requested a worksession on the snowmobile crossing at the conclusion of the agenda. 2. Liquor License Transfer: The Administrator asked the Council's action to approve a liquor license transfer from the Chicken Roost to Si Bueno pending receipt of all other licenses and approval. Mr. McCarty moved approval as recommended. Mr. VanKomen seconded and the motion carried. 3. Mr. Schmidt reported that he would be out of the City November 20th-24th. 4. Canvas of Votes: Chief Election Judge, Julie Eddins, reported on the November 7th election results. The total vote was 392. The tally of votes by candidates was: Penny Gibson John Larson Gary VanKomen Shirley Potter 144 278 205 120 Mr. Moltke moved to accept the canvas of the ballots. Mr. McCarty seconded carried, and the motion 5. A project list was presented as requested. 1. EMS Garage Lease: The new draft included in the packet was reviewed by the City Attorney. After discussion, Mr. McCarty moved to present the new agreement to the County Commission for approval. 2. Gentry Easement: Mr. Killen appeared to discuss the Gentry Park easement, insurance requirements, and tax considerations; area of the gazebo and relocation of the dock were also discussed. The Council asked that certain changes be made, that the Park and Recreation Committee meet and recommend action to the Council at the November 30th meeting. With consent of the Council, the Mayor so ordered. VII. 7:30 P.M. PUBLIC HEARINGS: 1. Gladys Shelton Water Bill: The Treasurer reported on the matter of 1000 N. 3rd St., a Class G user. Attorney Allen Derr appeared and cited a 1969 case on the same matter and the same building in which Mrs. Shelton prevailed ahd the Court directed that the user be metered and a measure of consumption be the standard for changes (Valley County 1951 Shelton vs. City of McCall). , Attorney Remaklus asked that this be continued until he could review the case. The Mayor ordered the hearing continued to November 30 1989 at 7:30 p.m. , 2. Max Williamson Water Bill: The staff reported that Mr. Williamson refused to pay double rates for outside users. Mr. Williamson asked if the Council had a rate study. Mr. VanKomen reported that none existed. Discussion of the Couer d'Alene water rate case, annexation of Rio Vista, and system costs followed. The hearing was closed. 3. Arthur Barnard Contention of Sewer Rates: Mr. Henderson and Ms. Ertter presented the report which showed that Mr. Barnard, an outside city us~r, was only charged city rates. He was backbilled for double rates from 1985 and Mr. Barnard is protesting the charge. The hearing was closed. Staff further noted that sewer bills for outside users were not adjusted. Further, the water rate adjustment has caused a sewer rate increase to commercial metered users whose rate is related to water consumption. Mr. VanKomen moved to stay all shut-offs for outside utility customers until rates can be reviewed. Mr. Moltke seconded and the motion carried. Mr. McCarty moved to review both water and sewer rates and to direct that water and sewer rates be equalized inside and outside of the city. A voice vote was indeterminate and the Mayor ordered a roll call. On the roll call vote, Councilmen McCarty and Moltke voted "Aye" while Councilmen Wallace and VanKomen voted "Nay,, carried. . The Mayor voted "Aye" and the motion 119 Staff was directed to further review the Barnard matter. VIII.OLD BUSINESS: A. Jet-Ski Instructions: A discussion of whether regulation was required occurred. County legislation was suggested to encompass the entire lake, as was licensing operators and enforcement of existing regulations. Mr. McCarty suggested that legislation do the following: - Address all watercraft. - Limit watercraft to ingress and egress at operating speed in ~ no-wake zone - Limit traverse movement of Watercraft to ,,no-wake" speeds (movement paralle~ to shoreline). Require water). Address within the zone. Set a width or distance of yards). marking on the shore (without buoys in licensing of operators of watercraft the zone (1-400 Other matters to be considered open water, enforcement, dock skiing, traffic control. are swimming in starts for water After discussion, the matter was rescheduled to November 30th for further discussion. With consent of the Council, the Mayor so ordered. City Audit Engagement: A letter from Hayden Ross & Co. confirming that in the event Marx & Co. could not complete the City's annual audit, that firm would fulfill the obligations was acknowledged. Such commitment was previously requested prior to approval of the amended'' engagement letter. Mr. Moltke moved to approve the engagement for audit services of Marx & Co. and authorize the Mayor to sign. Mr. VanKomen seconded and the motion carried unanimously. Health Insurance; Blue shield Group Contract: Contract rates as amended by previous Council actions on deductible and a pre-certification plan were presented. The base rate for employees was $108.20. After review, Mr. McCarty moved to approve the contract and authorize the mayor to sign. Mr. VanKomen seconded and the motion carried. Dump Truck Bids: The City Attorney reported on the city's legal position and requested that, if the bid was rejected, clear reasons be outlined for such action. Representations were made by various equipment dealers. Mr. Wallace moved to reject the Dennis Dillon bid since the equipment failed to meet the specifications, as follows: - A 14" clutch as specified, the until only has a 13" clutch. A trade name was used in the specifications. No prior permission was sought under Note 5 on the instructions to bidder to bid an alternate. The bid was unresponsive advertisement. to the 120 Mr. VanKomen seconded and the motion carried unanimously. Staff requested further.direction.- A reversible plow, funnel type, instructions to bid' three separate prices, any or all of which could be accepted/rejected, a service response time, clarification of dump bed yardage, a 14" clutch or equivalent are to be specified. A motion by Mr. Moltke, seconded by Mr. VanKomen, to amend and readvertise for bids was carried unanimously. IX. NEW BUSINESS: City Street Finance Report, Year Ending 9/30/89: The report was presented. Mr. VanKomen m6ved to approve the report and authorize the Mayor to sign. Mr. Wallace seconded and the motion carried. Winter Carnival Permit: A request by the Chamber of Commerce for a ten day street carnival permit for the 1990 event was presented. Mr. Moltke moved to approve the permit. Mr. VanKomen seconded and the motion carried. Lease Cancellations, Union Pacific Railroad: The City was notified of the cancellation of beautification leases on the NW corner of Highway 55 and Park Street (Sears) and an area adjacent to the Fire Station. After discussion, Mr. McCarty moved to acknowledge receipt of the notices, advise the railroad that no street crossings or street rights-of-way would be yielded by the City and request that the railroad remove its encroaching building from Fir Street (near McCall Ave. intersection). Mr. VanKomen seconded and the motion carried unanimously. BOARD, COMMITTEE & COMMISSION REPORTS: City Planning & Zoning, Oct. 3rd, Douglas Variance Request: Staff reported on the request to expand a non-conforming use and the Commission's hearing and conclusions. After discussion, Mr. VanKomen moved to adopt the Findings of Fact and Conclusions of Law of the Planning and Zoning Commission and to deny the request for the Variance. Mr. Moltke seconded and the motion carried. B. Park and Recreation Committee, Oct. 3, 1989: 1. Jensen-Belts Contract: The Commission recommended approval of the Jensen-Belts Park Consulting Services Contract and Work Order No. 1. Mr. Moltke moved to approve the Committee's recommendation and approve the contract and authorize the Mayor to sign. On a roll call, Councilmen Moltke, Wallace, McCarty and VanKomen voted "Aye" and the motion carried. Mr. McCarty moved to approve Work Order No. 1, Mr. Wallace seconded and the motion carried. 2. Century 21 Parcel: The Committee recommended that the lakefront park be planned to include the Century 21 property. Mr. Millemann appeared representing Douglas Manchester, the owner of the parcel, asking that the parcel be left out of the development. He clarified that the Manchester's interests were not adversarial and the request was not an ultimatum. After discussion, Mr. McCarty moved to plan the park to include the Century 21 parcel as part of the development as recommended by the Committee. Mr. VanKomen seconded and the motion carried unanimously. 121 Xi. CORRESPONDE~iCE: Letters from the Association of Idaho Cities regarding the annual legislative dinners and the academy for newly elected officials were noted. Mr. VanKomen moved to pay expenses for Mr. Larson to attend the December 7th academy. Mr. McCarty seconded and the motion carried. XII. INFORMATION ITEMS: Receipt of the following information items acknowledged: was A. Ida-Or Report B. Building Report for the Month of October. C. Calendar of Events D. Val Bois News Release E. AIC Memo XIII.WORKSESSION; SNOWMOBILE ROUTE:. Mr. Orton presented an alternate route for a temporary snowmobile river crossing approximately 800' South of the "Sheep Bridge". He proposed construction of a temporary bridge of water tower legs and sketched a design of such a movable structure. Mr. McCarty moved to authorize the engineers to proceed with all permits, property owner permissions, and construction of the bridge with all'dispatch. Mr. Mo!tke seconded and the motion carried unanimously. XIV. ADJOIFRNMENT:. without further business, Mr. Wallace moved to adjourn. Mr. Moltke seconded and the motion carried. Mayor ATTEST: ARTHUR J/~CHMIDT Clerk . CITY OF McCALL CITY COUNCIL MINUTES November 30, 1989 Call to Order and Roll Call: Mayor Allen called the meeting to order at 7:00 p.m. Councilmen McCarty, VanKomen, Moltke and Wallace answered the roll call. II. Snake River Cablevision Sale: The agenda was moved to permit Mr. West additional travel time back to Weiser. Mr. West asked the Council to consider Resolution 35-89 which assigns the franchise to vista Cablevision. Inc. After discussion', Mr. McCarty moved to adopt Resolution 35-89 contingent upon the Council's approval of revised leases or a new combined lease on the water tower site and city shop site agreements with the firm. The Mayor would be authorized to sign the Resolution after the leases were approved. Mr. Moltke seconded and the motion carried on a voice vote. III. Minutes of November 9, 1989: The minutes of November 9th were presented. moved to approve the minutes as presented. seconded and the motion carried. Mr. Moltke Mr. McCarty IV. payment of Claims: A list of claims dated November 22nd was presented. The Administrator presented an additional bill from E&E Electric Company for a progress payment of $27,364.50 for work on the AWOS/VASI instruments. Mr. McCarty moved to pay the claims dated November 22nd and the E&E Electric bill. Mr. VanKomen seconded and the motion carried. V. Consent Calendar: The Impact Planning and Zoning Commission minutes of November 13th and the City Planning and Zoning Commission minutes of November 21st were on the calendar. These items were ordered for filing by the Mayor without objection. VI. Mayor & Council Comments and Reports: Mayor Allen presented the resignation of Steven J. Millemann from the Parks and Recreation Advisory Board. Without objection, the Mayor accepted the resignation with regret. VII. Staff Reports: City Administrator's Report: A written report included status reports on the snowmobile bridge installation, mailing of liquor license renewal forms, installation of water lines to the new golf clubhouse, completion of the vacated Fir Street right-of-way purchase for boat parking, recertification of the airport VASI, and needs to address the landscaping of the Chevron Station. Appraisal fees on certain property were discussed. Mr. Richey of Idaho Land and Appraisal offered to reduce the bill by $1,500.00 or submit the fee dispute to binding arbitration by a separate MIA appraiser. Mr. McCarty moved and Mr. Moltke seconded to accept the $1,500.00 adjustment to resolve the matter and thanked Mr. Richey for the consideration. On a roll call vote, Councilmen McCarty, Moltke, VanKomen and Wallace voted "Aye" and the motion carried. The Sleight issue at First and Colorado was presented since litigation has been dropped. Mayor Allen was directed to meet with certain staff members, with Mr. Sleight and report on the outcome of this meeting to the Council. Be City Attorney's Report: 1. The city Attorney advised on his approval ~of the deed on the Fir Street acquisition, the status of the Aspen Condo claim, to defer action on the Barnard claim, presentation without action on the ambulance garage lease to the County Commission, and requested that the Pioneer Air Service Lease be rescheduled to December 14th. 2. Ordinance 561 re: Equalizing Water Rates. The Attorney presented Ordinance 561 and read it in its entirety. Mr. McCarty mOved to suspend the rule requiring an ordinance to be read on three separate occasions. Mr. Wallace seconded and on a roll call vote, Councilmen McCarty, VanK0men, Wallace and Moltke voted "Aye". The motion carried and the rule was suspended. Mr. McCarty moved to adopt Ordinance 561. Mr. Moltke seconded and on a roll call vote, Councilmen McCarty, Moltke, and Wallace voted "Aye". Councilman VanKomen voted "No". Mayor Allen declared the ordinance adopted. 123 ORDINANCE NO. AN ORDINAl]CE REI.ATING TO WATER RATES; A>IENDING SECTION 3-1-44 OF TEE VIL!JIGE CODE OF McCALL, IDAHO, TO ELI~INATE AN ADDITIONAL MONTHLY OPE~TION AND ~INTENANCE CHARGE TO WATER USERS OUTSIDE OF THE CORPO~TE LI~'~ITS OF THE CITY, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE ~YOR AND COUNCIL OF THE CITY OF ~cCALL, IDAHO, AS FOLLOWS: Section 1. That Section 8-1-44 of the Village Code of McCall, Idaho, be, and the same is hereby amended to read as fol lo~;s: 8-1-44: NON RESIDENT USERS: Charges for water consumed by all water users situated and located outside of the corporate limits of the City and using water from the City system, shall be the same as the rates hereinabove set forth in this Chapter. ~s~s ~{ ma~n~eman~e wate~ system The formula for determining whether the user is residential or co~ercial shall be the same as that set forth in Section 8-1-43. Section 2. EFFECTIVE DATE. This ordinance shall be in full force a~effect from and after its passage, approval and publication. Passed and approved this ~ day of November, 1989. Attest: C[ty.,;~le rk VIII.public Hearing; Gladys Shulton Water Bill: The continued hearing was reopened. Attorney Remaklus reported that Attorney Derr has requested the matter be continued to January 25, 1990. Mayor Allen so ordered without objection. IX. Old Business: Jet Ski Ordinance Instructions: The Council further advised on the content of a proposed ordinance. After discussion, th.e following items were directed to be included: A 100-150' no wake zone for travel laterally to the shoreline, but preserving ingress/egress for water skiers; Incorporating by reference the Idaho Safe Boating Act; 3. Proper definitions. The ordinance is to be prepared by January, 1990. Mr. McCarty will work with the City Attorney further. Grant Amendment (FAA): An amendment to the FAA grant for improvements to the airport in 1985 was presented. Mr. VanKomen moved to approve the grant amendment and authoriz~ the Mayor to sign. Mr. Wallace seconded and on a roll call vote, Councilmen VanKomen, Wallace, Moltke and McCarty voted "Aye" and the motion carried. Ordinance 560 re: G.O. Bond Sale: Ordinance 560 was presented and read by title. Mr. Wallace moved to suspend the rule requiring that an ordinance be read on three separate occasions. Mr. VanKomen seconded. On a roll call vote, Councilmen Wallace, VanKomen, McCarty and .Moltke voted "Aye". The motion carried and the rule was suspended. Mr. VanKomen moved to adopt Ordinance 560. Mr. Wallace seconded. On a roll call vote, Councilmen VanKomen, Wallace, McCarty and Moltke voted "Aye" and the ordinance was adopted. ORDINANCE NO. 560 ;.~ ORDINanCE OF THE CITY OF MCCALL, IDAHO, P~ELATING TO THE ISSUANCE AND SALE OF GENERAL OBLIGATION BONDS, SERIES 1990, IN THE PRINCIPAL A~.IOUNT OF $1,100,000; AMENDING ORDINANCE NO. 553, ADOPTED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON JULY 14, 1989, WITH EESPECT TO THE DESIGNATION, MATURITIES, AND REDEMPTION OF THE ~O~:DS; AND PROVIDING FOR THE DATE OF SALE OF THE BONDS %qHEREAS, on July 14, 1989, the Mayor and Council of the City of HcCall, Idaho (the "city"), duly adopted Ordinance No. 553, l~rovlding for the issuance and sale of City of McCall General Obligation Bonds (the "Bonds") in the principal amount of $1,100,000, all as authorized by the electors of the City at a special bond election hold and conducted within the City on June 6, 1989; and WHEREAS, said Ordinance No. 553 provided that certain matters relating to the schedule of maturities, redemption provisions, and date of sale of the Bonds would be provided by subsequent action of the City Council (the "Council"); and WHEREAS, the proceedings for the authorization and issuance of the Bonds, including the special bond election of June 6, 1989, ~ere adjudicated and determined to be valid by the District court of the Fourth Judicial District of the State of Idaho, in and for the County of Valley, in the Findings of Fact, Conclusions of Law, and Judgment entered by the Court in Case No. ~105 on September 29, 1989, and the Council now desires to proceed with the issuance and sale of the Bonds and has determined to amend certain provisions of Ordinance No. 553 to provide therefor. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR A~D COUNCIL OF THE CITY OF McCALL, IDANO, as follows: Section 1: Section 1 of Ordinance No. 553, adopte~ on July 14, 1989, is hereby amended to. read as Section %: BONDS AUTHORIZED General obligation bonds of the City, in fully registered form, designated "City of McCall General Obligation Bonds, Series 1959 ~99Q" (the "Bonds"), in the aggregate principal amount of $1,100,000 are hereby authorized to be issued, sold, and delivered pursuant to the municipal bond laws of the State ~f Idaho, particularly Sections 50-1019 through 50-1026A, inclusive, and Title 57, Chapters 2 and 9, Idaho Code. Section ~: Section 3 of Ordinance No. 553, adopted on 3uly 14, 1989, is hereby amended to read as follows: Seat%on ~: DESCRIPTION OF BONDS The Bonds shall be in denominations of $5,000 each or integral multiples thereof, shall be issued only in fully registered form, and shall be s~bstantially in the form set forth herein. The Bonds shall be n%u~bered separately in a consecutive series, in the manner and with any additional designation as the Bond Registrar (hereinafter defined) deems necessary for the purposes of identification. Interest on the Bonds shall be calculated on the basis of a 360-day year and twelve 30-day months The Bonds shall be dated ~-e ..... ~n aooer~ancc wit~ a cahedulc as......"~-~' ..~- oct forth February 1, 1990, and shall mature oD the dates end the amounts qs follows: Maturity D~t~ Principal Amou~ ~uq~st ~, 1990 $ 60.000 Aucust 1, 1991 ~5.000 Au,ust l. ~99~ 50.000 Aucust 1. ~3 55.0Q~ August 1, 199~ 55.099 Au~st 1. 1995 60.00~ Au*ust 1, 199~ 65.0~Q Au*ust 1, 1997 70,000 ~uq~st ~, 1998 75.0QQ August 1, 1999 Au*ust 1. 2000 85.00Q August 1. ~001 August 1, 2QQ~ 95.000 August 1. 2Q0~ 105,000 ~u~ust 1, 2004 ll0.00Q sea,ion $: Section 4 of Ordinance' No. 553, adopted on ::u!y 14, 1989, is hereby amended to read as follows: Section 4: INTEREST ON BONDS All -~f- ~he Bonds shall bear interest at a net effectiv9 rate or ratoo of not to exceed nine percent' (9%) per annum or at any lower rate or rates as shall be stated in the successful bid proposal for the Bonds,. which interest shall be payable ~iannually on ~ouoh da~c~-~*-shall bo oet-~4~4~c 125 --~rc.crrc.~ ~ ~- ~bovc, oD AuGust 1, 1990. and semiannually OD ~ch Februarv i and August i thereafter until their respective dates of maturity or prior · redemption. Bidders will be permitted to bid different rates of interest. The. maximum differential between the highest and lowest rate shall not exceed three percent (3%) per annum. All Bonds maturing at the same time shall bear the same rate of interest. Section 4: Section 8 of ordinance No. 553,. adopted on July 14, 1989, is hereby amended to read as follows:.'. Sea,ion 8: REDEMPTION thc Council. Bonds maturSno on or before Au~st 1. 1995~ ~hal~ not be subject t9 call or redemption prior to their stated dates of maturity. On any interest payment date on or after August 1. 1995. at the option Of the city. Bonds maturin~ oD or after Auc~st ~, 1996. shall be subject to reOemption, in whole or in Dart. in inverse order of maturity (and by lot selected by the Bon~ Reqistrar wi%hiD a maturity), upon notice as hereinafter provided, at a price o~ ~O0% of their Dar value, plus accrued interest to the date o$ redemption. Notice of redemption of any Bonds shall be given by mailing of notice by the Bond Registrar to the Registered. Owner of any Bond being called for redemption not less than thirty nor more than forty-five days prior to the redemption date by first class mail, postage prepaid, at the address appearing on the Bond Register, or at such other address as may be furnished in writing by such Registered Owner to the Bond Registrar. The foregoing requirements shall be deemed to be complied with when notice is mailed ~s provided herein, regardless of whether or not it is actually received by the owner of such Bond. The Bonds so called for redemption shall cease to accrue interest on the specified redemption date, provided funds for such redemption are on'deposit at the place of payment at such time, and shall not be deemed to be outstanding as of such redemption date. Section 5: Section 9 of ordinance No. 553, adopted on July 14, 1989, is hereby amended to read as follows: Section 9: DATE OF SALE ~ The Bonds shall be sold at public sale on ~,.UC,.h -~.~ ....... crca~ ~cr ............. ,., .*.,.., ................ *~ Council January ~5. 1990. The Council shall meet at 7:00 P.M. on said date, at City Hall, McCall, idaho, for the purpose of receiving sealed bids for the purchase of the Bonds. The bids will be publicly opened, examined, and declared at such time and place, and considered at the meeting of the Council on said date. All bids shall be accompanied by a good faith deposit in the amount of $55,000, in the form of a cashier's or certified check payable to the Treasurer of the City. At said meeting, the Council shall accept the bid providing the lowest net interest cost to the city, and shall return .the' deposits of all other bidders. Said sale shall be held, and notice thereof given, in accordance with Title 57, Chapter 2, Idaho Code. '* seGtion 6.: Section 13 of ordinance No. 553, adopted on July 14, 1989, is hereby amended to read as follows: section 19: GENERAL OBLIGATION BOND FUND " The proceeds of taxes levied without limitation as to rate or amount to pay the principal of and interest on the Bonds, as set forth above, shall be kept by the Treasurer of the City in a special fund, which is hereby created, separate and apart from all other funds, and which is hereby designated "city of McCall General Obligation Bonds, series 19S9 1990, Bond Fund" (the "Bond Fund"), or such other designation conforming to banking requirements and good accounting practices,* which Bond Fund shall be used for no other purpose than the payment of the principal of and interest on the Bonds as the same fall due. Said Bond Fund shall be maintained by the city Treasurer until the principal of and interest on said Bonds have been paid in full. Not less than 15 days prior to any payment date of interest, or principal and interest, as the case may be, the Treasurer shall cause to be transferred from the Bond Fund to the Bond Registrar the amount of interest, or principal and interest, then falling due. Section 7.: Section 16 of ordinance No. 553, adopted on July 14, 1989, is hereby amended to read as follows: section %6: COVENANTS OF THE CITY The City further covenants and agrees: A. The Bonds are qualified tax-exempt obligations within the meaning and for the purposes of Section 265(b) (3) of the Inter~%al Revenue Code of 1986 (the "Code"), and the City will not designate more than $10,000,000, including the Bonds, as qualified tax-exempt obligations during the calendar year ~99Q. B. None of the proceeds of the Bonds will be used directly or indirectly (i) to make or finance loans to persons or (ii) in any trade or business carried on by any person (other than use as a member of the general public). For purposes of the preceding sentence, the term "person" does not include a government unit other than the United States or any agency or instr%L~entality thereof, and the term "trade or business" means any activity carried on by a person other than a natural person. .. c. The City has general taxing powers. The Bonds are not "private activity bonds" within the meaning of Section 141 of the Code. 95% or more of the net proceeds of the Bonds are to be used'for the local governmental activities of the City~ The City has no subordinate entities. The City has not issued, and will not issue, tax-exempt obligations in calendar year I~8~ ~99Q in a face amount which exceeds $5,000,000. Accordingly, under Section 148(f) (4) (C) of the Code, the City is not required to pay rebates to the United States under Section !48(f) of the Code. D. The City will take no action which would cause the Bonds to become arbitrage bonds within the meaning of section 148 of the Code. E. The City will comply with the information reporting requirements of Section 149(e) of the Code. F. The City has no other general obligation bonds outstanding. The Bonds do not exceed, nor will the City issue, while any Bonds are outstanding, additional general obligation bonds in. an amount which, together with any Bonds then outstanding, will exceed, in aggregate principal amount, ~wo percent (2%) of the market value for assessment purposes of real and personal property in the City within the meaning of Section 50- 1019, Idaho Code. Sectio~ 8: The form of Bond described in Section 3 of and set forth in Exhibit "A" to Ordinance No. 553 shall be as set forth'in Exhibit "A" which is annexed'hereto. The Notice of Sale described in Section 10 of and set forth in Exhibit "B" to Ordinance No. 553 shall be as set forth in Exhibit "B" which is annexed hereto. The expanded Notice of Sale described in Section 10 of and set forth in Exhibit "C" to Ordinance No. 553 shall be as set forth in Exhibit "C" which is annexed hereto. Section 9: Except as expressly set forth herein, Ordinance No. 553, adopted on July 14, 1989, is hereby ratified and confirmed in all respects. ' Se¢%~0n ~0: This Ordinance, or a summary there0~ in compliance with Section 50-901A, Idaho Code, shall be published once in the official newspaper of the City, and shall take effect immediately upon its passage, approval, and publication. DATED this 30th day of November, 1989. CITY OF McCALL Valley County, Idaho By ATTEST: ci~ Clerk (SEAL) [Face of Bond] UNITED ~TATES OF .AMERICA STATE OF IDAHO COUNTY OF VALLEY 127 .~umber CITY OF McCALL GENERAL OBLIGATION BOND, SERIES 1990 Dollars See Reverse Side for Additional Provisions INTEREST RATE: PIATURITY DATE: DATED DATE: CUSIP: February 1, 1990 Registered Owner: Principal Amount: DOLLARS KNOW ALL MEN BY THESE PRESENTS that the city of McCall, Valley County, Idaho (the "City"), for value received, promises.to' pay from the "City of McCall General Obligation Bonds, Series 1990, Bond Fund" (the "Bond Fund") created by ordinance No. 553, adopted on July 14, 1989, as amended by Ordinance No. 560, adopted on November 30, 1989 (collectively, the "Bond ordinance"), to the registered owner identified above, or registered assigns, on the maturity date specified above, the principal sum indicated above, and to pay interest thereon from the aforesaid Bond Fund from February 1, 1990, or the most recent date to which interest has been paid or duly provided for, at the rate per annum specified above, payable on August 1, 1990, and semiannually on each February first and August first thereafter, until the date of maturity or prior redemption of this Bond. Both principal of and interest on this Bond are payable in lawful money of the United States of America to the registered owner hereof whose name and address shall appear on the registra- tion books of the City maintained by the Corporate Trust Department of West One Bank, Idaho, N.A. (the "Bond Registrar"), in Boise, Idaho. Interest shall be paid to the registered owner whose name appears on the Bond Register on the fifteenth day of the calendar month next preceding the interest payment' date, at the address. appearing on the Bond Register, and shall be paid by check Or draft' of the Bond Registrar mailed to such registered owner on the due date at the address appearing on the Bond Register, or aG such other address as may be £urn~shed in writing by' suc~ registered owner to the Bond Registrar. Principal shall be paid to the registered owner upon presentation and surrender of this Bond at the principal corporate trust office of the Bond Registrar, on or after the date of maturity or prior redemption. Reference is hereby made to additional provisions of this Bond set forth on the reverse side hereof, and such additional provisions shall for all purposes have the same effect as'if set forth in this space. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Ordinance until the Certificate of Authentication hereon shall have been manually signed by the Bond Registrar. IT IS HEP~EBY CERTIFIED AND DECLA3~ED that all acts, conditions, and things required by the Constitution and statutes of the. State of Idaho to exist, to have happened, been done, and performed precedent to and in the issuance of this Bond have happened, been done, and performed, and that the issuance of this Bond and the Bonds of this issue does not violate any Constitutional, statutory, or other limitation upon the amount of bonded indebtedness thatlthe city may incur. IN WITNESS WHEREOF, the City of McCall, Valley County, Idaho, has caused this Bond to be executed by the facsimile signatures of the Mayor and City Treasurer, to be attested by the facsimile signature of its City Clerk, and a facsimile of the seal of the City to be imprinted hereon, as of this first day of Febrl/ary, 1990. CITY OF McCALL Valley County, Idaho rfacsimile si~naturel Mayor COUNTERSIGNED: [facsimile Treasurer ATTEST: [facsimile siqna%ure] City Clerk [FACSIMILE SEAL] CERTIFICATION OF AUTHENTICATION Date of Authentication: This Bond is one of the City of McCall General Obligation Bonds, series 1990, dated as of February 1, 1990, described in ~the within-mentioned Bond Ordinance. WEST ONE BANK, IDAHO, N.A., as Bond Registrar By: Authorized Officer [Reverse Side of Bond] ADDITIONAL BOND PROVISIONS This Bond is one of a duly authorized issue of Bonds of like date, tenor, denomination and effect, except for variations required to state numbers, rates of interest, and dates' of maturity, aggregating $1,100,000 in principal amount. The Bonds are issued pursuant to and in full compliance with the Constitution and statutes of the State of Idaho, particularly Sections 50-1019 through 50-1026A, inclusive, and Title 57, Chapters 2 and 9, Idaho Code, and proceedings duly adopted and authorized by the City council of the city acting for and on behalf of the city, more particularly the Bond Ordinance, and also PUrsuant to the legal authorization of a Special Election duly noticed, held, and conducted within said City on June 6, 1989. The full faith and credit of the City have been pledged for the punctual and full payment of the principal and interest on this Bond and the Bonds of this issue. The Bonds are payable from ad valorem taxes levied and to be levied upon all the taxable property within said City without limitation as to rate or amount. It is hereby certified by the City that the whole indebtedness of said City, including this issue of Bonds, does not exceed any limitation of indebtedness fixed by the Constitution or statutes of the State of Idaho, and that all things necessary to the validity of this issue of Bonds have eRisted, and do exist, and that all things requisite to such validity have been accomplished and have been done and fulfilled prior to and in the issuance of this Bond. Bonds maturing on or before August 1, 1995, are not s~bJect to call or redemption prior to their stated dates of maturity. The City has reserved the right, to redeem any Bonds maturing on or after August 1, 1996, on any interest payment date on or after August 1, 1995, in whole or in part,'in inverse Order of maturity (and by lot selected by the Bond Registrar within a maturity), at a redemption price of 100% of par, plus accrued interest to the date of redemption. Notice of any intended redemption shall be given by mailing of notice to the Registered Owner of any Bond being called for redemption not less than thirty nor more than forty-five days. prior to the redemption date by first class mail, postage prepaid, at the address appearing on the Bond Register. The requirements of the Bond Ordinance shall be deemed to be complied with when notice is mailed as herein provided, regardless of whether or not it is actually received by the owner of such Bond. Interest on all of such Bonds so called for redemption shall cease to accrue On the specified redemption date unless such Bond or Bonds so called for redemption are not redeemed upon presentation made pursuant to such call. The Bonds are issued for the purpose of providing funds to pay the costs of acquisition and improvement of recreational facilities, as more fully described in the Bond Ordinance. The Bonds are issued in'fully registered form in the denomi- nation of $5,000 each or integral multiples thereof. This Bond is transferable by the registered owner hereof in person, or by his attorney duly authorized in writing, upon presentation and surrender of this Bond at the principal corporate'trust office of the Bond Registrar. Upon such transfer, a new Bond, of the same denomination, maturity, and interest rate, will be issued to the transferee, in exchange therefor. Reference is hereby made to the Bond Ordinance for the covenants and declarations of the' City and other terms and conditions under which this Bond and the Bonds of this issue have been issued. The covenants contained herein and in the Bond Ordinance, may be discharged by making provision, at any time, for the payment of the principal of and interest on this Bond in the manner provided in the Bond Ordinance. The City and the Bond Registrar may deem and treat the registered owner hereof as the absolute owner hereof for the purpose of receiving payments of principal hereof and interest due hereon and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. 129 LEGAL OPINION It is hereby certified that the following is a tr~e and complete copy of the legal opinion of Lindsay, Hart, Nell & Weigler, of Boise, Idaho, which opinion was dated the date of delivery of and payment for the Bonds described therein, an original of which was delivered to me on said date, and is a part of the permanent records of ~he City of McCall, Idaho. CITY OF McCALL Valley County, Idaho [facsimile signature] City Clerk [ INSERT LEGAL OPINION OF LINDSAY, HART, NEIL & WEIGLER ] The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants in common UNIF TRFS MIN ACT ..................... (Cust) (Minor) TEN ENT -- as tenants by the entireties JT TEN -- as joint tenants with right of survivorship and not as tenants in common under Uniform Transfer to Minors (State) Additional abbreviations may also be used although not in the above list. ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto Name of Transferee: Address: Tax Identification No. the within Bond and hereby irrevocably constitutes and appoints of , to transfer said Bond on the books kept for registration thereof with full power of substitution in the premises. Dated: SIGNATURE GUARANTEED: Registered Owner NOTE: The signature on this Assign- ment must correspond with the name of the registered owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. Bank, Trust Company or Member Firm of the New York Stock Exchange Authorized Officer LEGAL OPINION It is hereby certified that the following is a tr~e and complete copy of the legal opinion of Lindsay, Hart, Neil & Weigler, of Boise, Idaho, which opinion was dated the date of delivery of and payment for the Bonds described therein, an original of which was delivered to me on said date, and is a part of the permanent records of ~he City of McCall, Idaho. CITY OF McCALL Valley County, Idaho [facsimile signature] City Clerk [ INSERT LEGAL OPINION OF LINDSAY, HART, NEIL & WEIGLER ] The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written cut in full according to applicable laws or regulations: TEN COM -- as tenants UNIF TRFS MIN ACT ..................... in common (Cust) (Minor) TEN ENT -- as tenants under Uniform Transfer to Minors by the entireties Act .............................. (State) JT TEN -- as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used although not in the above list. ASSIGNMENT FOR VALUE ~LECEIVED, the undersigned hereby sells, assigns and transfers unto Name of Transferee: Address: Tax Identification No. the within Bond and hereby irrevocably constitutes and appoints of , to transfer said Bond on the books kept for registration thereof with full power of substitution in the premises. Dated: SIGNATURE GUA/{ANTEED: Registered Owner NOTE: The signature on this Assign- ment must correspond with the name of the registered owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. Bank, Trust Company or Member Firm of the New York Stock Exchange Authorized Officer 131 NOTICE OF SALE CITY OF MCCALL VALLEY COUNTY, IDAHO GENERAL OBLIGATION BONDS, SERIES 1990 PRINCIPAL AHOUNT $1,100,000 NOTICE IS HEREBY GIVEN that sealed bids will be received until 5:00 P.M., Mountain Daylight Time, on THURSDAY, JA/~UA3~Y 25, 1990 at the office of the City Clerk of the City of McCall, V~lley County, Idaho (the "City"), for the above issue of city of'MOCall General Obligation Bonds in the principal amount of $1,100,000 (the "Bonds"). The bids will be publicly opened, examined, and declared at a meeting by the City Council of the city at 7:00 P.M. on said date. The Bonds will be in the denomination of $5,000 each' or integral multiples thereof, will be dated Febz~/ary 1, 1990, will bear interest at a rate or rates not exceeding nine percent (9%) per annum, payable semiannually, and will be due serially on August ! in the years and amounts as follows: Year 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 60 000 45 000 50 000 55 000 55 000 60000 65.000 70.000 75.000 80,000 85.000 90.000 95.000 105.000 110,000 Bonds maturing on or before August 1, 1995, are not subject to call or redemption prior to their stated dates of maturity. On any interest payment date on or after August 1, 1995, at the election of the City, the Bonds maturing on or after August 1, 1996, shall be subject to redemption, in whole or in part~ in inverse order of maturity (and by lot selected by the Bond Registrar within a maturity), upon notice as hereinafter provided, at par plus accrued interest to the date of redemption. Notice of redemption of any Bonds shall be given by mailing of notice to the Registered Owner of any Bond being called for redemption not less than thirty nor more than forty-five days prior to the redemption date at the address shown on the Bond Register, or at such other address as may be furnished in writing by such Registered Owner to the Bond Registrar. The Bonds so called for redemption shall cease to accrue interest on the specified redemption date, provided funds for such redemption are on deposit at the place of payment at such time, and shall not be deemed to be outstanding as of such redemption date. Ail bids must be accompanied by a good faith deposit in the amount of $55,000. Interest will not be allowed on the good faith deposit. The approving legal opinion will be furnished by the law firm of Lindsay, Hart, Neil & Weigler, Boise, Idaho. Copies of the Official Statement and Notice of Sale and'other related information with respect to said Bonds may be obtained from the Public Finance Department of West One Bank, Idaho, N.A., Boise, Idaho, telephone: (208) 383-7240, or the City Clerk, telephone (208) 634-7142. Dated this 30th day of November, 1989. Mayor ~ty Cl~erk NOTICE OF SALE CITY OF MCCALL Valley County, Idaho GENERAL OBLIGATION BONDS, SERIES 1990 PRINCIPAL AMOUNT $1,100,000 NOTICE IS HEREBY GIVEN that the City Council of the City of McCall, Valley County, Idaho, will, up to 5:00 P.M. on THURSDAY, JANUARY 25, 1990 receive, at the regular meeting place of the City, City Hall, McCall, Idaho, sealed bids for the purchase of "City of McCall General Obligation Bonds, Series 1990." The bids will be publicly opened, examined, and declared at a meeting of the City Council of the City at 7:00 P.M. on said date. . ISSUE: The Bonds, designated "City of McCall General Obligation Bonds, Series 1990" (the "Bonds"), will be issued in the aggregate principal amount of $1,100,000, will be in the denomination of $5,000.00 each or integral multiples thereof, and will be dated February 1, 1990. MATURITY: The Bonds will mature on August first in the amounts and years as follows: Maturity Date Principal Amount August 1, 1990 $ 60,000 August 1, 1991 45,000 August 1, 1992 50,000 August 1, 1993 55,000 August 1, 1994 55,000 August 1, 1995 60,000 August 1, 1996 65,000 August 1, 1997 70,000 August 1, 1998 75,000 August 1, 1999 80,000 August 1, 2000 85,000 August 1, 2001 90,000 August 1, 2002 95,000 August 1, 2003 105,000 August 1, 2004 110,000 INTEREST: CALLABLE: DEFEASANCE: The Bonds will hear interest from their date at a rate of not to exceed nine percent (9%) per annum, payable on August 1, 1990, and semiannually on each February first and August first thereafter, to their respective dates of maturity or prior redemption. Bonds maturing on or before August 1, 1995, are not subject to call or redemption prior to their stated dates of maturity. On any interest payment date on or after August 1, 1995, at the election of the City, the Bonds maturing on or after August 1, 1996, shall be subject to redemption, in whole or in part, in inverse order of maturity (and by ~lot selected by the Bond Registrar within a maturity), upon notice as hereinafter provided, at par.plus acc.rued interest to the date of redemption. Notice of redemption of any Bonds shall be given by mailing of notice by the Bond Registrar to the registered owner of any Bond being called for redemption not less than 30 nor more than 45 days prior to the redemption date, by first class mail, at the address appearing on the Bond Register. Bonds so called for redemption shall cease to accrue interest on the specified redemption date, provided that funds for such redemption are on deposit at the place of payment at such time, and shall not be deemed to be outstanding as of such redemption d~te. In the event that money or direct obligations of, or obligations guaranteed by, the United States of America, maturing or having guaranteed redemption prices at the option of the owner at such times and bearing interest to be earned thereon in such amounts as are sufficient (together with any resulting cash balances) to redeem and retire the Bonds in accordance with their terms, are hereafter irrevocably set aside in a special account land pledged to effect such redemption and retirement, then the City shall not be required to make further payments into the Bond Fund for the payment of'the principal of and interest on the Bonds, and such Bonds and interest accrued thereon shall then cease to be entitled to any lien, benefit, o~ security of the Bond ordinance other than the right to receive the funds so set aside and pledged, and such Bonds and interest accrued thereon shall no longer be deemed to be outstanding. PAYABLE: The principai of and interest on the Bonds are payable in lawful money of the United States of America to the registered owners thereof, whose names and addresses shall appear on the Bond Register of the City. AWARD: Payment of each installment of interest on the Bonds will be made to the registered owner of each Bond appearing as such on the Bond Register of the city on the fifteenth day of the calendar month next preceding the interest payment date, and will be paid by check or draft of the Bond Registrar mailed to such registered owner on the due date at the address of such registered owner as it appears on the Bond Register, or at such other address as may be furnished in writing by such registered owner to the Bond Registrar. Principal of each Bond will be paid t~ the registered owner thereof upon presentation and surrender of such Bond at the principal corporate trust office of the Bond Registrar, on or after the date of maturity or prior redemption. The Bonds will be awarded to the best bidder considering interest rate or rates specified and any premium bid. The best bid will be determined by deducting the amount of any premium from the total of interest which the City will be required to pay from the date of the Bonds to their respec- tive maturity dates at the rate or rates specified in the bid, and the award will be made on the basis of the lowest net interest cost to the City for said Bonds. SPECIFICATION Bidders must specify the rate or rates of interest OF INTEREST: which the Bonds herein offered for sale shall bear. Bidders will be permitted to bid different rates of interest. The maximum differential between the highest and lowest rate shall not exceed, three percent (3%) per annum. Ail the Bonds of this issue maturing at the same time shall bear the same interest rate. FORM OF BID: Each bid for the Bonds musti be unconditional and for not less than all of the Bonds herein offered for sale. Each bid must state the price to be paid for the Bonds and the rate or rates of interest to be borne by the Bonds. Each Bidder agrees by the submission of a bid to pay accrued interest from the date of the Bonds to the date of delivery. Bids for the Bonds shall be identified as follows: BID FOR $1,100,000 CITY OF McCALL GENERAL OBLIGATION BONDS, SERIES 1990 Each bid must be enclosed in a sealed envelope addressed to the City Clerk of the City of McCall, City Hall, McCall, Idaho 83638, and marked as above indicated. BID SECURITY: CERTIFICATE OF REOFFERING PRICES RIGHT OF P~EJECTION: PROMPT AWARD: Ail bids shall be accompanied by a good faith deposit in the amount of $55,000, evidenced by a bank cashier's check or certified check payable to the Treasurer of the City of McCall, which deposit shall be security for the performance, of such bid and shall be held as liquidated damages in the-event the successful bidder fails to pay for the Bonds upon delivery. Interest will not be allowed onthe good faith deposit. Within five (5) days after the award of the bid, the successful bidder shall submit to Bond Counsel for the City a certificate, in form and substance satisfactory to Bond Counsel, specifying for each maturity the expected bona fide reoffering price of the Bonds of each maturity, as of the date of the award of the bid. Prior to delivery of the Bonds, the successful bidder must submit to Bond Counsel for the City a certificate, in form and substance satisfactory to Bond Counsel, stating that a bona fide public offering of the Bonds was made to the public at the prices indicated in the first certificate, and identifying the amounts, maturities, and prices at which any Bonds were actually sold to institutions or other investors at a discount from the offering price to the public. For purposes of this paragraph, sales of bonds' to other securities brokers or dealers will not be counted as sales to the public. The City reserves the right to reject any or all bids and to waive, to the extent permitted, by law, any irregularity or informality in any 'bid% The City will take action awarding the Bonds or rejecting all bids not later than the end of the meeting of the City Council on January 25, 1990. PROMPT DELIVERY: The Bonds are expected to be ready for' delivery to the purchaser on or about February 19, 1990. The purchaser shall have the right to cancel the contract of purchase if the City fails to execute and tender the Bonds for delivery within sixty (60) days from the date of sale. REGISTRATION: Prior to the delivery of the Bonds, they shall be registered by the Bond Registrar in the Bond Register. PLACE OF DELIVERY: CUSIP: The Bonds will be delivered to the purchaser in Boise, Idaho; or, at the expense of the purchaser, at any other place agreed to by the City Council of the City. CUSIP identification numbers may be printe~ upon the Bonds at the option of the purchaser, but neither the failure to print such number on any Bond nor an error with respect thereto shall constitute cause for a failure or refusal by the purchaser to accept delivery of and pay for the bon~s in accordance with the terms of his bid. Requesting the assignment of CUSIP numbers, expenses related to the printing of CUSIP numbers on the Bonds and the CUSIP Service Bureau charge for the assignment of numbers, shall be the responsibility of and shall be paid by the purchaser. PAYMENT: Payment for the Bonds must be made in Federal Reserve Bank funds or other funds ~cceptable and immediately available to the city. Any expense of making funds imm%diatelY available, whether by transfer of Federal Reserve Bank funds or otherwise, shall be borne by the purchaser. AUTHORITY: The Bonds are issued pursuant to the applicable provisions of Section 50-1019 through 50-1026A, inclusive, and Title 57, Chapters 2 and 9, Idaho Code. SECURITY: The Bonds are general, obligations of the City, and are payable from the proceeds of ad valorem taxes on all taxable property withi~ said City to be levied without limitation as to rate or amount. LEGAL OPINION: The legal opinion of Lindsay, Hart, Nell & Weigler, of Boise, Idaho, approving the validity of the Bonds, will be provided without charge to the purchaser at the time of delivery of the Bonds and will be printed on the Bonds. Fees payable to Lindsay, Hart, Nell & Weigler as Bond Counsel are payable solely from the proceeds of the Bonds; hence, such fees are necessarily contingent upon the successful implementation and funding of the Project. TAX-EXEMPT: In the opinion of Bond Counsel, interest on the Bonds is excluded from gross income for purposes of federal income taxation under present statutes, court decisions, and regulations (except for certain minimum taxes), and is excluded from gross income for purposes of taxation by the State of Idaho. In the event that, prior to the delivery of the Bonds, the income received by private holders from bonds of the same type and character shall be declared to be taxable under federal income tax laws, either by the terms of such laws or by a ruling of a federal income tax authority or official which is followed by the Internal Revenue Service or a decision of any federal court, the purchaser may, at the option of the purchaser, prior to the tender of the Bonds by the City, be relieved o.f the obligation under the contract to purchase the Bonds. A certificate that the Bonds are not arbitrage bonds within the meaning of Section 148 of the Internal Revenue Code of 1986 will be provided to the purchaser at the time of delivery of the Bonds. BANK PURCHASE: The City has designated the Bonds as "qualified tax-exempt obligations" pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986. NO LITIGATION: There is no litigation pending concerning the validity of the Bonds, the organization of the City, or the title of its officers to their respective offices, and the City will provide a certificate to the foregoing as of the time of the delivery of the Bonds. OFFICIAL STATEMENT: The official Statement of the city, together with any appendices thereto, is prepared to provide further information material to the Bonds, and is a part of this Notice of Sale as if set forth herein 135 COPIES: DISCLOSURE STATEMENT: DATE D: in full. Copies of this Notice of'Sale and the Official Statement may be obtained from the City's financial advisor, the Public Finance Department of west One Bank, Idaho, N.A., 101 South Capitol Boulevard, P.O. Box 8247, Boise, Idaho 83733, Telephone No. (208) 383-7240, or from the Clerk of the city, city Hall, McCall, Idaho 83638, telephones (208) 634-7142. Upon request, a reasonable number of copies of this Notice of Sale and the Official Statement will be provided by the City without cost to the purch&sgr. The City will deliver to the purchaser at the time of delivery of the Bonds, a statement substan- tially to the effect that the facts contained in this Notice of Sale and the Official Statement and any supplement or amendment thereto were, ak the time of the award of the Bonds, and are, as of the date of delivery of the Bonds, true and correct in all material respects and that the Notice of Sale and the Official Statement did not, and do not, contain any untrue statement or omit to state a material fact required to be stated or necessary to make a statement not misleading in light of the circumstances under which it is made. Noveraber 30, 1989. CiTY OF McCALL Valley County, Idaho City Clerk Resolution 36-89: A summary of Ordinance 560 was presented. Mr. McCarty moved to adopt Resolution 36-89. Mr. VanKomen seconded and on a roll call vote, Councilmen McCarty, VanKomen, Wallace and Moltke voted "Aye". The motion carried and the Clerk was ordered to publish the summary of Ordinance 560. Dumptruck Specifications and Call for Bid: After discussion, Mr. Moltke moved to delete the snowplow from the bid and bid only the cab and chassis, the bed and the plow hitch. Mr. Wallace seconded and on a voice vote, the motion carried unanimously. Upon further discussion, the following specifications were made: 1 . To delete the "T-i" wear plate specification; 2. To specify a 14" clutch. The City Attorney presented the amended notice calling for bids. Mr. Wallace moved to approve the specifications and call for bids as amended. Mr. Moltke seconded and the motion carried. Mayor Allen directed staff to shop for a snowplow blade, remaining under $10,000.00, the bid threshold requirement. Golf Clubhouse: Change Order No. 1: This change order accommodates the hearing required for the job ($4,230.00) and extends temporary power to the site ($2,020.00). Mr. Moltke moved to approve 136 Change Order No. 1 for $6,250.00 on the golf clubhouse foundation project. Mr. VanKomen seconded and the motion carried. Pay Request: The final pay request to Wright Brothers Construction for $59,139.00 on the clubhouse project was presented. No retainage was recommended by Mr. Laidlaw. Mr. VanKomen moved to approve the pay request as presented, Mr. Wallace seconded and the motion carried unanimously. Certificate of Substantial Completion: The architect recommended that November 21, 1989 be approved as the date of substantial completion and the one year warranty period begin as of that date. Mr. Wallace moved to authorize the Mayor to sign the certificate. Mr. VanKomen seconded and the motion carried unanimously. Survey, High Water Mark, Payette Lake in Mill Park: Mr. Petzak explained the issue and the need to determine the original high water mark location, as it would pass through Mill Park. The City Attorney asked to review the State's claim and the matter was referred to him. IX. New Business: Airport Lease: A request by Wilde Wolfe Oil to relocate its bulk petroleum tanks to property on the N.W. corner of the airport was acknowledged and referred for review to the Airport Committee and airport engineer. Notice of Claim, Lorraine Schneider: Without further objection, the claim was acknowledged and the Mayor directed it be referred to the Attorney and insurance carrier. Fireworks Permit, McCall Winter Games: A fireworks permit for a public display on March 3, 1990 was made by Dennis Carlson. Mr. Wallace moved to approve the request and authorize the permit. Mr. VanKomen seconded and the motion carried. Street Lights: A petition for street lights at the Allen/Floyde and Allen/Ringel intersections was considered. The matter was referred to staff for review and recommendation. Board, Committee & Commission Reports Requiring Action: ae Parks and Recreation Advisory Board Minutes of November 17, 1989: The Committee recommended approval of the Gentry recreational easement to the City of McCall. Mr. Wallace moved and Mr. VanKomen seconded to approve the easement and authorize the Mayor to sign. On a roll call vote, Councilmen Wallace, VanKomen, Moltke, and McCarty voted "Aye". The motion carried. Transportation Committee, November 15, 1989: The Committee recommended that a highway bypass be pursued vigorously and volunteered to coordinate such an effort. Mr. VanKomen moved to authorize the Committee to proceed with all haste on this project. Mr. Wallace seconded and the motion carried. Ce Golf Committee Minutes, November 14, 1989: Action items relating to the clubhouse were addressed earlier on the agenda. The Council reviewed the changes planned for the golf course in the area of the new clubhouse. After discussion and without objection, Mayor Allen ordered the minutes filed. 137 XI. Ad j ournmen~: Without further business, Mr. Wallace moved to adjourn, Mr. VanKomen seconded and the motion carried. JOHN/~N Mayor ATTEST: ...... ~- tity Cler4{ .. McCALL CITY COUNCIL MINUTES December 14, 1989 I. CALL TO ORDER AND ROLL CALL: Mayor Allen called the meeting to order at 7:00 p.m. Councilmen McCarty, VanKomen, Wallace and Moltke answered the roll call. II. MINUTES OF NOVEMBER 30, 1990; After discussion of an equipment rental log and tree planting issues, the Mayor ordered the minutes filed without objection as amended. III. PAYMENT OF CLAIMS: A motion by Mr. Wallace, seconded by Mr. VanKomen to pay the list of claims dated December 20th excluding one bill to "The Club" ($99.00, p. 19, item 2) carried unanimously on a voice vote. IV. CONSENT CALENDAR: Three catering permits were listed on the calendar as follows: The Mill for 12-2-89; Lardo's for 12-9-89; and Lardo's for 12-15-89. A motion by Mr. McCarty to approve the consent calendar was seconded by Mr. Wallace and carried on a voice vote. v. MAYOR a COUNCIL COMMENTS & REPORTS: Christmas Consideration: Mayor Allen reported he had authorized purchase of a ham for Christmas for city employees. He expected the cost to be approximately $280.00. Reappointment of Dan Hormaechea to Golf Committee: Mr. Hormaechea's term expires January, 1990. He has asked to be reappointed and the Mayor asked for confirmation of Mr. Hormaechea's reappointment to the Golf Course'Advisory Committee for a three year term. Co GEM City Appointments: Appointment Qf Larry Smith and John Larson to the GEM City (VAL~ED) Board of Directors. The economic development project is VI. organizing and Mssrs. Smith and Larson are willing to assist with this project. A motion by Mr. Moltke to confirm Mr. Hormaechea's appointment to the Golf Course Advisory Committee and Nssrs. Smith and Larson's appointments to the GEM city Board was seconded by Mr. VanKomen and carried unanimously. D o Bypass Report by Transportation Committee Chairman Bill Kirk: Mr. Kirk reported on the meeting with Senator Smyser, State Treasurer Edwards, Representatives Wilde and Danielson regarding the bypass impasse. He reviewed the history of the city's efforts since 1952. He reported Senator Smyser's invitation to appear before the Senate Transportation Committee, which Smyser chairs, and recommended we meet again with the Idaho Department of Transportation Board and the House Transportation Committee. Without objection, and much encouragement, the Mayor ordered the Committee to proceed in these matters. STAFF REPORTS: City Administrator's Report: A written report detailing the status of the snowmobile route, underground storage tank removal plans, GEM city status, fencing of the railroad right-of-way, and the appointment of Carla Donica as the new police officer was submitted. A memo from Chief Parker regarding a physical training expense to the Club was reviewed and discussed. Mr. Moltke moved that the City pay the claim. Mr. McCarty seconded the motion. On a roll call vote, Councilmen Moltke and McCarty voted "Aye", Councilmen VanKomen and Wallace voted "No". Mayor Allen voted "Aye" and the motion carried. B. City Attorney's Report: Aspen Condo Sewer Issue: The Attorney reported he is preparing a Complaint to attempt to collect back sewer charges. Mill Park High Water Mark: Due to the complexity.of the issue, the attorney asked that this matter_be__deferre~ Deputy City Attorney: The Attorney asked that Clayton Anderson be appointed Deputy City Attorney for prosecution matters between December 14, 1989 and January 10, 1990 and that the Staff be referred to Mike Moore on matters related to the railroad right-of-way and golf concession contract. Mr. Wallace moved to approve the appointment, Mr. McCarty seconded and the motion carried. Ordinance 562: The Ordinance dealing with equalizing sewer rates was read by title. Mr. McCarty moved to suspend the rule requiring that an ordinance be read on three separate occasions. Mr. VanKomen seconded and on a roll call vote, Councilmen McCarty, VanKomen, Wallace and Moltke voted "Aye". The motion carried and the rule was suspended. Mr. Wallace moved to adopt Ordinance 562. Mr. Moltke seconded and on a roll call vote, Councilmen Moltke, Wallace, VanKomen and McCarty voted "Aye". The motion carried and the Mayor declared Ordinance 562 adopted. 139 AN ORDINANCE RELATING TO TIlE CITY SEWER SYSTEH, A;IENDING SECTION 8-4-1 OF THE VILLAGE CODE OF !lcCALI,, IDAHO, TO PROVIDE TIIAT SEWER SERVICE CI{AEGES SIIALL BE AT Tile SA.~.}E RATE ["OR USERS WITIiIN AND OUTSIDE OF THE CORPOPJATE LI,~.!ITS OF THE CITY OF ."'IcCALL, AND TO PROVIDE AN EFFECTIVE DATE. B~: I'£ ORDAINED BY Tile ~L~YOR AND COUNCIL OF q_'llE CI'i'Y OF .qcCALL, IDAItO, AS FOLLOWS: ~-'-¢'-/ Section ]. That Section 8--L--~. of the Village Code of :,lcCall, Idaho, be, and the same is hereby amended t:', read as 8-4-1: SEWER SYSTEM WITIIIN CITY; SEWER CONNECTIONS ~EQU I RI.?.D; PI~:NALTY: (A) For the purpose of promoting I~, safety and the ~jeneral ~velfare of b/cCall, a system for the collection, trans- mission and disposal of sanitary sewage shall be constructed, e:.:tended, maintained, repaired, replaced, operated and removed within the corQorate limits of the City of McCall by which provide an adequate system for the collection, transmission and disposal of sanitary sewage from dom~tic, commercial, industrial and such other uses and purp~s for which said system may be used. (g) Every building, structure or other sewer user within the. corporate limits of the City shall be connected bv a sewer service lino to a bpulic sewer line or main line wher~ such sewer line or main line is available and within three hundred feet (300') oz the property line of the lot, tract or narcel of land on ~/hich such building or structure exists. (c) No permit shall be issued for the construction of any building or structure in the City on any lot, tract or parcel of land where there is a public sewer line available an~ within three hundred feet (300') of such lot, tract or parcel of land, unless the plans and specifications show connections in comPli- ance with this Ordinance. ' (D) Every building, structure or other use in existence prior to the construction of a uublic sewer line which is avail- able ~n~(] ~.~i[:hi.n three hundred feet (300') of the lot, tract or ,)arce] of land on which said building or structure stands shall upon the construction of the'~ sewer line or main line, be connected to said sewer not later than six (6) months from the date sazid line or main is certified and accepted by the City Public ~,~orks Director as bOinq completed and ~eady for use. (E) It shall be unlawful to occupy or use any building or structure in violation of this' OrdinanCeS, and ;~ny violation of this Ordinance shall be punishable as a misdemeanor. (F) Every building or structure which lies outside of the City of ~IcCall corporate limits shall connect to the sanitary se;.,'er where sewer service is available and within three hundred feet (300') ot the property line on which it is located. Connec- tion to the sanitary sewer system by properties outside the cor- porate limits shall be subject to au~roval by the City Public Works director and if warranted, by the City Council of the City of NcCall. Consider tion will be given to the existin~ volume of se~age ~resently being deposited at the treatment facility. All pro,Terry outside of the corporate limits connection to the City sewer system shall be subject to all connection fees and deub~e monthly service charges as Drovided in this Ordinance. All such connections shall be inspected by the City and shall comply, ,..:ith al] anolicable regulations and provisions of the city (G) Section 8-~-1 (F) does not apply to buildinqs or struc- tures wi(-hin the Payette Lakes Water and Sewer District. Sect]on 2. This Ordinance shall be in full force and effect from ~'ZJ~{7~-~{7-passa~e, approva], and publication as required by law. Passed and agproved this 14th day of December, 1989. Attest: 140 5. Sleight Matter: The attorney reported contact with Mr. Sleight and difficulties scheduling the meeting. City Treasurer's Report: 1. Monthly Financial Report: Without objection, the Mayor ordered the report filed. The Treasurer also reported on an analysis of sewer rates and of the Grangeville Case related to owner responsibility for utility bills. Mr. Wallace moved to defer the matter to the first meeting in January to permit the City Attorney to review the matter further. The motion was amended to the January 25th agenda since the attorney would be out of town during the first meeting. Mr. VanKomen seconded the motion and amendment and on a voice vote, carried unanimously.' VII. OLD BUSINESS: May Hardware Dock Expansion Application: A second notice on the application by May Hardware to the City as an adjoining property.owner was, after discussion and without objection, ordered by the Mayor to the Park and Recreation Committee for review and recommendation by the December 28, 1989 city Council meeting. Contract for Planning Services with Ida-Ore: After review, Mr. Wallace moved to approve the contract and authorize the Mayor to sign. Mr. McCarty seconded the motion and on a roll call vote, Councilmen Wallace, McCarty, Va~Komen and Moltke voted "Aye" and the motion carried. Cablevision Lease Amendments: The property descriptions were not yet Prepared. After discussion, the issue was deferred to the December 28th agenda. VIII.NEW BUSINESS: Proposed Land Exchange, Century 21 Parcel: Mr. McCarty moved to conduct an Executive Session pursuant to Idaho Code 67-2345(1)c relating to land acquisitions not owned by another public agency. On a roll call vote, Councilmen McCarty, VanKomen, and Moltke voted "Aye". Mr. Wallace voted "No". The motion carried and the Mayor ordered the session follow the regular agenda. Mr. Grote of the central Idaho star News was recognized and spoke against the conduct of negotiations on this matter privately. Park Design Presentation by Max Williamson: Mr. Williamson reviewed the three preliminary designs submitted by the design team for the Council's information. FAA Inspection Agreement, VASI Lights at Airport: The Cascade field office requested an agreement to have City Staff routinely check the lights for damage, bulb outages, etc. Since this is already done routinely, Staff recommended approval of the agreement. Mr. Wallace moved to approve the aqreement and authorize the Mayor to sign. Mr. McCarty seconded and on a voice vote ~he motion carried. Use of Art Roberts Park for ~Snow Sculptures: A letter from the Chamber of Commerce requesting use of the park for placing a snow sculpture was considered. Mr. McCarty moved to approve the request. Mr. VanKomen seconded and the motion carried on a voice vote. IX. BOARD, COMMITTEE & COMMISSION REPORTS REOUIRING AC"PION: Park and Recreation Minutes of Dec. 4, 1989: The minutes were reviewed and the public information action plan proposed by the Committee was, on a motion by Mr. Wallace, seconded by Mr. McCarty, and approved on voice vote. The minutes were ordered for filing without objection. Airport Committee Minutes of Dec. 6, 1989: The Committee recommended that the code be amended as referenced in the minutes. Mr. Wallace moved the recommendations be forwarded to the City Attorney to be prepared as an Ordinance. Mr. McCarty seconded and the motion carried unanimously. Mr. Moltke moved that the fee amendments, referenced as item no. 3 of the Airport Committee Minutes, be adopted. Mr. McCarty seconded and the motion carried. Without objection, the Mayor ordered the minutes filed. X. CORRESPONDENCE: There was no correspondence listed on the agenda. XI. INFORMATION ITEMS: The following information items were noted: A letter of commendation to Vonnie Ertter from Mac Soden. XII. EXECUTIVE SESSION: The Council recessed to Executive Session at approximately 11:00 p.m. The Council returned to regular open session at 12:15 a.m. The proposed land trade with Douglas Manchester exchanging his Century 21 property for certain portions of Mill Park, as presented by Attorney Steve Millemann, was the matter discussed. Mr. McCarty moved to direct Staff to proceed to respond to this offer as discussed in the closed session. Mr. Moltke seconded and the motion carried unanimously. ADJOURNMENT: Without further business, Mr. Moltke moved to adjourn. Mr. VanKomen seconded and the motion carried unanimously. 141 Mayor ATTEST: City Cler}f CITY OF MoCkLL CITY COUNCIL MINUTES December 28, 1989 I. Call to Order and Roll Call; Mayor Allen called the meeting to order at 7:00 p.m. Councilmen McCarty, Van Komen, Moltke and Wallace answered the roll call. II. Minutes of December 14, 1989:.. The minutes of tke December 14, 1989 City Council meeting were not ready due to the City Administrator's illness. III. Payment of Claims: Three lists of claims dated December 15th, December 20th and December 22d were presented. Mr. McCarty moved to pay the claims. Mr. Van Komen seconded and IV. Consent Calendar: VI. There were no items on the consent calendar. Mayor and Council Comments and Reports: Mayor Allen reported that City Administrator Schmidt was ill and had been hospitalized and that City Treasurer Henderson was performing the duties of City Administrator his absence. Mayor Allen reported that Senator Smyser has invited the City to meet with the Transportation Board regarding the proposed Highway 55 bypass on either January 16th or Jan 18th. Mayor Allen presented a letter from the Chamber of Commerce regarding ground transportation. Mr. McCarty moved to provide the letter to the Transportation Committee for their consideration and comments, if any. Mr. Wallace seconded and the motion carried. Mayor Allen reported that Snake River Cablevision had contacted him regarding Resolution 35-89 which assigned the cable television franchise contained an error as to the designation of the assignee. The resolution had been retyped showing the correct business name of the assignee and the Mayor had signed it. Mr. McCarty moved to adopt the resolution as corrected. Mr. Wallace seconded and the motion carried. Mayor Allen presented a list of Alcoholic Beverage License renewals for 1990. City Treasurer Henderson reported that all fees and documents had been received with three exceptions. The Yacht Club and The McCall Golf Course were not expected to be open for business and these applications are expected later in the year. The Pitcher Bar had submitted its application but still owed some additional fees on its application as well as a transfer fee. Additionally, the Pitcher Bar had not yet presented its State and County licenses. Mr. Van Komen moved to approve all completed licenses and grant authority to the Clerk to sign and deliver the license to the Pitcher Bar when all fees and documents had been received. Mr. McCarty Seconded and the motion carried. Mayor Allen reported that he was appointing Mr. Henderson as Deputy Clerk and carry out those duties in the Clerk's absence and requested that the council confer that appointment. Mr. Van Komen moved to confirm the appointment of Mr. Henderson as Deputy Clerk. Mr. McCarty seconded and the motion carried. Staff Reports - City Administrator;. Mr. Henderson presented a report requested by Mr. Wallace concerning the possibility of deferring the purchase of the previously budgeted snow plow until next fiscal year and to use those funds to pave streets. The report concluded that since the budget only provided for first year debt services, only about $1,100 would be made available. Mr. Henderson reported that the City's Liability Insurance carrier would not cover the snowmobile bridge and that the city's Insurance agent was investigating the possibility of the bridge being covered under the County's liability policy. The City's agent was also.negotiating with the City's carrier to extend coverage to the bridge. Mr. Henderson further reported that the entrances to the bridge had been barricaded to prevent use until the insurance issue had been resolved. 143 Mr. Henderson presented a list of costs for connecting the new golf course clubhouse to the City Water System. Mr. Van Komen moved to transfer $5,163.61 from the Golf Course Clubhouse account to the water fund. Mr. McCarty seconded and the motion carried. vii. Old Business: Mr. Henderson announced that a bid opening was held at 4:00 p.m. December 28, 1989 for a Truck Cab and Chassis and a Dump bed. Three bids were received and the apparent low bidder was TransCorp, Inc. All three bidders submitted identical bids for the Dump Bed with a Heil Dump B~d and a Williamsen Dump Bed. Mr. Chalfant had evaluated the bids and noted that the Truck bid by TransCorp did not meet the City's specifications in that it had a 13" clutch whereas the City's specifications called for a 14" clutch. The Williamsen Dump Bed did not meet the City's specifications in that the'hoist was not an extra heavy duty model, the side rails were 6" whereas the specifications called for 8" and the bottom corner radius was 6" and the specifications called for a 2" radius. After discussion, Mr. McCarty moved to reject the bid by TransCorp, Inc. and to accept the next lowest bid by Dennis Dillon Truck Center for the Truck and Heil bed in the amount of $48,011. Mr. Van Komen seconded. At a roll call vote, Mr. McCarty, Mr. Van Komen, Mr. Wallace and Mr. Moltke all voted "Aye." The motion carried. May Hardware application to Idaho Department of Lands to expand dock facilities: Mr. Wallace asked to be excused because of his relationship with the applicant. Max Williamson reported recommendations of the Parks and Recreation Advisory Committee. Comments were then taken from the floor. Among those testifying were: Peggy Wheatcroft Jim Staup Richard Fereday Written comments were also received from Jean oumark and beon and S~eelag~ ~rlce ana entered into the record of the matter. After discussion Mr. McCarty moved to refer the matter to the City Planning and Zoning Commission and to continue the discussion of the matter to January 4, 1989 at 12:00 noon. Mr. Van Komen seconded and the motion carried. VIII.New Business: The revised Airport Capital Improvement Program was presented. This CIP contains the changes recommended by the Airport Advisory Committee at the December 6, 1989 meeting. Revisions included are AWOS upgrade, increased estimates for Master Plan Update and to included the projects actually budgeted for FY 90 and the move the other programs to the following year. after discussion, Mr. Van Komen moved to approve the cIP and to authorize the Mayor to sign it. Mr. Wallace seconded and the motion carried. Mr. Van Komen then asked to discuss the proposed land trade of part of Mill Park owned by the city and the Century 21 parcel owned by Douglas Manchester. The consensus of the Council was to continue to negotiate but to communicate certain items which the City considers essential to an agreement. Among these items are: 144 Only the un~eve~opea north,' of the volleyball court and horseshoe pits and the grassy area will be considered for trade. Mr. Manchester must agree to move the park restrooms to a site determined by the City. Developed restrooms on property must be open users. Mr. Manchester's to park and beach The City Council will determine the value of the two land parcels and if it is determined that the Mill Park parcel is more valuable than the Century 21 parcel, Mr. Manchester will compensate the City for the difference by constructing a parking area or bike paths. Mr. Manchester must agree that if the traded area is not developed within 5 years, it will at the City's option revert to the City for $120,000. That the transaction will follow all statutory requirements and local ordinances. IX. Adjournment: DATED: Mayor Without further business, Mr. Wallace moved to continue the meeting to 12:00 noon January 4, 1990. Mr. Van Komen seconded and the motion carried. This ~/~day of ~/~~./ , 1990. ATTESt: City Clerk CITY OF McCALL CITY COUNCIL RECESSED SESSION MINUTES January 4, 1990 Call to Order and ROi1 Call: Council reconvened at 12:00 noon. Mayor Allen presided. Councilmen McCarty, VanKomen and Moltke answered the roll call. Mr. Wallace was excused. II. Notice of ApplicatioD - May Hardware, Inc.: The Council noted a report from the City Planning and Zoning Commission recommending that the application be approved with two restrictions: that the gas/retail island be removed and that the applicant demonstrate the availability of adequate off-street parking. After discussion, Mr. McCarty motioned that the City recommend that the application not be approved for the reasons stated by the Planning and Zoning Commission and the Parks and Recreation Advisory Committee. Mr. McCarty felt that the negative comments outweighed the positive. He further recommended that the Department of Lands hold a public hearing before rendering a final decision and that the Department of Lands develop standards by which their applications may be judged. The motion failed for want of a second. Mr. Moltke moved to have the City recommend disapproval of the May Hardware, Inc. application. Mr. McCarty seconded. On a roll call vote, Councilmen Moltke, McCarty and VanKomen al. 1 voted "Aye". The motion carried.