Loading...
HomeMy Public PortalAboutCouncil Minutes 1990 Jan-Sept Only the un~eve~ope~ pa~ ~ ~v~ =Q~ north~' of the volleyball court and horseshoe pits and the grassy area will be considered for trade. 2. Mr. Manchester must agree to move the park restrooms to a site determined by the City. 3. Developed restrooms on Mr. Manchester's property must be open to park and beach users. 4. 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. 5. 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. A~THUR J. ~MIDT City Clerk CITY OF McCALL CITY COUNCIL RECESSED SESSION MINUTES January 4, 1990 II. 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. Notice of ApplicatioD - May Hardw~re~ 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 aL1 voted "Aye". The motion carried. Mr. McCarty moved to include in the reply the following recommendations: That the Department of Lands hold a public hearing before taking final action; That the Department of Lands develop standards for such structures; To include the statement that the City does not object to docks meeting a developed set of standards and; That the Planning and Zoning Commission and the Parks Committee reports be included in the letter to the Department of Lands. On a roll call vote, Councilmen McCarty, VanKomen and Moltke voted "Aye" and the motion carried. III. Adjournment: Without further business, Mr. Moltke moved to adjourn. Mr. VanKomen seconded and the motion carried. DATED: this //~ay of January, 1990. 145 Mayor ATTEST: AMES H. HENDERSON Acting City Clerk CITY OF McC~LL CITY COUNCIL MINUTES January 11, 1990 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 28~ 1989 and January 4, 1990: Without objection, the mayor ordered the minutes of the December 28, 1989 council meeting and the January 4, 1990 recessed session filed as presented. III. Payment of Claims; A list of claims dated January 7, 1990 was presented. b~r. Van Komen moved to approve the claims for payment. Mr. McCarty seconded and the motion carried. IV. Consent Calendar: A catering permit by La~do's Grill was the only item. Mr. Wallace moved to approve the consent calendar. Mr. Van Komen seconded and the motion Carried. Subscription to oaths of office: Mayor Allen expressed thanks on behalf of the city to Mr. Moltke for his service to the city. as a member of the council. Mayor Allen also expressed thanks to Mr. Van Komen for his four years service on the City Council. Oaths of office were administered by the Acting City Clerk to Mr. Van Komen and Mr. Larson. Mayor Allen presented certificates of election. The mayor called a recess at 7:30 p.m. vi. gCQonvened Council Meeting:. 146 Mayor Allen called the recesse~ meeting to order at 7:31 p.m. Mr. McCarty, Mr. Van Komen, Mr. Wallace and Mr. Larson were present. VII. Mayor and Council Comments and Reports: The mayor reported that on January 18, 1990 there were two hearings in Boise, one by Senator Smyser's Transportation Committee and one by the State Transportation Department. He announced that all the members of the Council were attending as well as four members of the Transportation Committee. The mayor desired that the delegation be~ approved by the City Council. The mayor also reported at meeting on January 23d of the Department of Transportation Committee to assess local needs and review progress towards those needs. While no presentation was to be made , the mayor felt that the city should be represented by members of the Transportation Committee and sought council approval of their attendance. Mr. Van Komen moved to approve the attendance of both delegations. Mr. Wallace seconded and the motion carried. VIII.Staff Reports - Acting city Administra~Q~; A financial report for the quarter ended December 31, i989 was presented. Mr. Van Komen moved to approve the report for publication. Mr. McCarty seconded and the motion carried. A request from Larry Chalfant to purchase a Frink snowplow was presented. The vendor had agreed to sell the plow to the City for $7,400 plus freight and agreed to repurchase the plow for $7,400 if after one year the plow did not perform as specified. Mr. Wallace moved to authorize the purchase on the condition that the dump truck and plow were delivered in time to use the truck and plow during the current snow season. Mr. McCarty seconded. A voice vote was indeterminate and the mayor asked for a roll call. At the role call Mr. Wallace, Mr. McCarty, and Mr. Larson voted "Aye" and Mr. Van Komen voted "No." The mayor declared the motion carried. IX. Old Business - Century 21 Mill Park Exchange: Mr. Steve Milleman, representing Douglas Manchester, presented a proposed agreement and resolution to trade a portion of Mill Park to Mr. Manchester in exchange for the Century 21 parcel. After much discussion, the council arrived at five conditions to be included in the agreement: 1. That any improvements or excavations on the exchange parcel be set back no less than 20 feet from the adjoining property line. 2. That the agreement be made binding on any successors or assignees of Mr. Manchester. 3. That the state lease parcel revert to the City if Mr. Manchester fails to break ground on a facility of at least 100 rooms within five years. 4. That no more than 30% of the State Lease parcel be excavated. 5. That the existing restrooms be moved to a site determined by the City at Mr. Manchester's expense. Mr. McCarty moved to authorize that the agreement be redrafted to incorporate the above conditions and to direct the City Attorney to prepare the necessary resolutions and ordinances to effect the exchange. Mr. Wallace seconded. At a role call, McCarty, Wallace, Van Komen and Larson voted "aye." The mayor declared the motion carried. X. New Business: Request for Hearing - Jerry McMaDus Water Bill. Mr. Van Komen moved to set a hearing on January 25, 1990 at 7:30 p.m. Mr. Wallace seconded and the motion carried. 147 Request for Equipment Purchase-Golf Committee. The council reviewed a recommendation of the Golf Committee to authorize the purchase of an AC/DC welder for approximately $300 and a high pressure steam cleaner for approximately $1250. After discussion, the council requested that th~ staff consider sharing equipment with the city Maintenance Shop and to consider purchasing used equipment. Golf Fee Increases - Golf Committee. The council considered a recommendation by the Golf Advisory committee to increase holiday and weekend greens fees to $15.00 for eighteen holes and $9.00 for nine holes. After discussion, Mr. Van Komen moved to increase the fees as recommended by the Golf Committee. Mr. Wallace seconded and the motion carried. Golf Course Contract-John Drip~. Greg Pittenger, representing John Drips, presented a proposed Golf Course Management contract. After discussion, the council directed that the contract be reviewed by the Golf Advisory Committee. Mr. Drips then pointed out that a considerable amount of inventory had been ordered and the time frame for cancelling those orders was approaching. After discussion, Mr. Van Komen moved that during negotiations, the City indemnify and hold Mr. Drips harmless for the inventory by requiring any other contractor to buy out Mr. Drips for inventory, equipment, fixtures and golf carts in the manner prescribed in section III H 3 of the proposed contrac~-kMr. McCarty seconded and the motion carried. ~_ ~ j~,~ ~/~ ~! ~ /~,~,-/~c/ ~ Without further business, Mr. Van Komen moved to adjourn. Mr. Wallace seconded and the motion carried. The meeting adjourned at 9:50 p.m. Mayor ATTEST: Acting Czty Admlnzstrator McCALL CITY COUNCIL SPECIAL MINUTES January 18, 1990 II. CALL TO ORDER AND ROLL CALL: The meeting was called to order by Mayor Allen at 8:30 a.m. on January 18, 1990. Councilmen McCarty, Wallace, VanKomen and Larson answered the roll call. PROPOSED LAND TRADE - DOUGLAS MANCHESTER: city Attorney Robert Remaklus presented Resolution 1-90. RESOLUTION NO. ,,l-- {0 A RESOLUTION CONCERNING PUBLIC PROPERTY, ~.~KING CERTAIN FI['IDINGS OF FACT, APPROVING AN AGREEMENT TO EXCHANGE PROPERTY AND AUTHORIZING THE ~AYOR AND CLERK TO EXECUTE THE SA~E, DI- RECTI~G '/'}{AT kN APPROPRIATE ORDINANCE BE DRAWN AND SUCH OTHER ACTION TAKEN TO EFFECT AN EXCHANGE OF PROPERTY PURSUANT TO SAID AGREE~E~.~T AND PURSUANT TO APPLICABLE STATE LAWS, AND PROVIDING A~.I EFFECTIVE DATE. WHE[{EAS, Douglas F. Manchester, a married man, dealina with his sole and separate property, has proposed to the City o~ !'IcCall, Idaho, ~]r~ exchange of real property whereby he would exchange the real ~>roI~erty described on Exhibit "A" hereto attached, for that certain real property of the City of !~cCall described in Exhibit "B" hereto attached, (which real property of the city 'is:herein- after called said real property), pu'~suant to the terms of that certain] proposed "Agreement for Exchange of Property" marked Exhibit "C" hereto attached and made a part hereof, and ~'.;iiEREAS, it is the intent of the city to include the lands to be acquired in such property exchange within a public park to be constructed and developed from the proceeds '~r. om the sale of ~eneral obligation bonds ~uthorized at that certain bond election held in the City of McCall, Idaho, on June 6, 1989, and WHEI{EAS, the City of ~4cCall, hereby makes the following findings with regard thereto: 1~ '¥hat said premises of the city above described lie at th~ extreme Horth end of ~4ill Park and are not used by the city or .the general public for park purposes or for any public pur- pose due to the lbcation thereof and the condition of the pre- raises ~]lol~g with the dangerous and unsightly condition of the filled premises lying beneath the normal high water line of Big l~ayette Lake and between said premises of the city and the open water of Big Payette Lak~; that because of t~']e location of ;li ll Park and lack of automobile parking space, said Dark does ~]ot receive sig.]ificant public use in any wise commen'~urate to the ame~]ities provided therein or to the expense of maintenance of the same; 2. That the lands proposed to be conveyed to the city by Douglas F. ~4al]chester li~ a~jacent to other lands acquired"by the city and constitute an integral part of a major public Dark development on Bi~ Pavette Lake closer to the center of the" city and of good access to the public, all to be financed from the proceeds from the sale of general obligation bonds author- ized at that certain bond election held in the City of McCall, Idaho, on June 6, 1989; 3. That the proposed exchange of lands is in the best inter- ests of the city in that the lands to be acquired by the city herein are at the core of the public Dark project now in final planning stages prior to commencement o~ construction as soon as weather permits; ~. That said major park project now underway by the City of McCall including the lands to be acquired in such proposed exchange, shall be connected to Mill Park by means of a lake side pedestrian way thereby providing good, easy and scenic access to Mill Park~ 5. That the terms of the proposed Agreement for Exchange of Property are favorable to the city and that it is in the best interests of the city and its residents, inhabitants and visitors, to enter into said Agreement for Exchange of Property; 6. That to exchange property that is not being used by the public for other real property that shall have certainty of use for public purposes, is in the best interests of the city, its residents, inhabitants and visitors; 7. That for the foregoing reasons said real property of the city above described, falls within the purview of Section 50-1401, Idaho Code, and is qualified to be exchanged under the conditions herein set forth. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF CiTY OF ~}cCALL, IDAHO: 1. That the Agreement for Exchange of Property, a copy of which is attached hereto marked Exhibit "C" and incorporated herein by reference, be, and the same hereby is, approved as to form and content. 2. That the Mayor and Clerk be, and they are hereby re- spectively authorized to execBte and attest the said agreement behalf of the City of ~cCall. 3. That the city attorney and other members of the city staff are hereby authorized and directed to prepare the required city ordinance and take such other steps that are reGuired to effect an exchange of real property pursuant to the {erms of said Agreement for Exchange of Property, all in conformity with a~]d pursuant to 'the provisions of Chapter 14 of Title 50, Idaho Code. 4. This resolution shall be in full force and effect' immediately upon its adoption and aDproval. Adopted and approved this l~th day of January, 1990. ~ ~ Mayor ATTEST: J City clerk _ a yers 'tle Insurance ( rporatlon NATIONAL HEADOUARIERS SCIIEDULE ---~conl'd. 149 EXIIID.[T "A" - SULUECC A PROPERTY a Oarcel of land situated in Government Lot 3, Section 9, T. tO Iq.. R. 3 E.. B. M., City of McCall, Valley County, Idaho, more particularly d~scribed as follows: Conm*ncing at the northwest CO~ner of Lot 8, Block B, of McCall's Fir,t ~ddition to the Village of McCall, as shown on ~he official olaf thereof on file in the office of the.Recorder of Valley Co,,nty, Idaho, in 8oak l, page ~8 plats, as're-established by that o~rticular Record of Survey recorded l~ the office of the ~ecorder of Valley County, Idaho, in Book e, page ~ of Records or Surveys, a I/B" rebar, thence N. BlO~5'O0'' W. 67.73 feet along the southerly right-of-way Pine Street to a 5/8" rebar, thence bq.~5 'feet along said rtght-of-l, ay on a curve to the left whose r~di,~'is ~0.00 feet and delta angle is ?00q1'30" to a 5/8 " rebar;' thence S. ~,-053'30,, W. 6~.~ feet along ~he easterly right-of-way of East Lake Street, to a 5/8 " rebar marking a ~oint of curvature; thence N. 6~006,30,, W. 60.00 fee~ tO the ~oint of curvature on the westly right-of-way of said East Lake Street, %he Real Point of Beginning: Thence 1q.85 fee5 along said Westerly right-of-way on a non- tang'~nt curve to 'the right whose long chord bears S. ~9030'59- H.,' 1~.~5 feet, Whose radius is 350 O0 fee~ and d61ta angle 3ola,57.., · thence N. 5~038.~0..W. 76.A3 feet, thence N. 3~00~,30,, E. , A5.70 feet, thence S. 57050'30,, E. ?3.h~ feet, to said westerly right of ~ay, thence S. ~7053'30,, W. ~7.56 feet to the point of Beginning. TOGETHER WITH: a Dermanent, nonexclusive easement and right of ingress and e~ress over the portion of the premises adjoining the premises described above which easment is described as follows, La_my e rs Fa e Insurance orauon NAIIONAt HEADOUANTEg$ SCHEDULE ~A--conl'd. E)0IIBIT "A" - SUBOECF A PROPERTY (continued) An easement for ingress and egress and access %o adjacent Property owned by the City of McCall situate In GOvernment I.ot 3 Section 9, T. 18 N., R. 3 E., , ~B. M., City of McCall, Valley Co,~nty, Idaho more particu~arly oescribed as follows: Con,mencimg at th~ northwest'corner of Lot 8, Block ~ of McCall's let Addition to the Village of McCall as shown on ~he official plat thereof o~q 'file in the office of the Recorder of Valley County, Idaho, Book I page B8 of Plats, as re-established by that particular Record of Survey recorded i~ the of,fica of the Recorder of Valley County, Idaho in Book 2, P~ge ~q of records of Surveys, a ~/~" rebar; thence 81o~5,00,, W. 6?.?3 feet along the southerly right-of-way of Pine Street to a 5/8 "rebar; thence h~.35 feet along said right-of-way on a Curve to the lef~ ~,hose radi,js is hO.O0 feet and delta angle is 700al,30,, to a feb. ar; thence S ~7053,30,, W., 69.9~ feet algnq the easterly right-of-way of East Lake Street, to a 5/8 " r~bar marking a point of curvature; thence N.6~Oo&,30,, H., &O.O0 feet to the point of curvature on the westerly right-of-way of said East Lake Street: thence 1~.85 feet along said westerly righ~ of way on a non-tangent curve to the right whose long chord bears S. ~9030, 59" W., ]9.85 ~eet whose radius {s 350.00 feet and d'elta angle is' ,3°lq' 57"; finance, N. 56o38,~0,, W 7&.~3 feet to the Real Point of Beginning: · Thence, continuing N. 56o38,eo,, w., 11~.&1 feet, thence S. 76053,30" E., 70.55 feet, thence N. 5A0~9,30,, E. BI.80 feet, thence, S. 57050.30,, E. ~ A4.6~ feet. thence , S. 3~009,30,, W., ~5.70 feet to the point of Beginning. 150 Thomas W Kerr RLS KERR SURVgYING Joel W Droulard PO Box 853 RLS McOall, Idaho January 15, 1990 CITY-O~IED PROPERTY parcel of land situate in Government Lot 1~ Section 9, T, 18 ~. ~ E., City cf McCall~ Idaho~ more particularly described Commencing at the northeasterly corner of'Lo~ 2~ Block 6, McCall's First Addition to the Village of MoGall~ as shown on the Official Plat thereof on file in Book 1, Page 28 of Plate in the Office of the Recorder of Valley Gounty, Idaho, a brass cap set in concrete; then6e, N. 81~ 25' W., 18~.00. feet along northerly line of said Lo~ 2 to the easterly boundary of Mill Park; thence, N. 4~ 45' 47" E., 969.65 feet along said easterly boundary to the REAL POINT OF BEGINNING~ Thence, continuing N. ~ 45' 47" E., ~77]?! feet thence, N. 63~ 29' 42" W., 42.73 feet thence, S. 77~ 54' 14" W., 31,27 feet to the Old High Water Mark of Fayette Lake '[h,.mce, S. ~o 13' 12" W., 182.08 feet along said Old High Water Mark thence, S. 82~ 33' 00" E., 58.43 feet to' the Point of Beginning, containing 0.273 acres, more or less. Bear£ngs based on State Plane Grid Amimuth, Thomas W Kerr KERR SURVBYINO Joel W D=oulard RL$ PO Box 863 RLS MoGsll~ Idaho January 15, 1990 STATE LEASE PROPERTY A parcel of land situate in Government Lot 1, Section 9, T, 18 N,, R, 3 f,, City of McCall, Idaho, more particularly described as follows: Commencing at the northeasterly corner of Lot 2, Block 6~ McCall's First Addition to the Village of McCall, as shown on the Official Plat thereof ~n file in Book 1, Page ~8. of Plata in the Office of the Recorddr of Valley County, Idaho~ a brass cap set in concrete; thence, N. 81. ~§' W., 18§.00 feet along northerlF line of said Lot Z to the easterly boundary of Mill Park; thence, N. 40 45' 47" E., 369%65 feet along said easterly boundary; thence, N, 82. 33' 00" 'W., §8,43 feet to the Old High Water Mark of Payette Lake, .the REAL POINT OF BEGINNING: Thence~ continuing N. 82" $3' 00" W., 65.76 feet to the Present High Water Mark'of Payette Lake thence, N. 41~ 56' $2" E., 16.19 feet along arid Present HiZh Water Mark thence, N. 22. 00' 21" W., 84.~3 feet along arid Present High Water Mark thence, N. 40P 20' 54" E., IOZ.?I feet along said Present ltigh Water Mark thence, N. '77~ 54' 14" E., 23.89 feet along said Present High Water Mark to said Old High Water Mark thence, S. 1~ 18' ~2" W., 182.08 feet to the Point of Beginning, containing 0,26~ acres, more or less, Bearings based on State Plane Grid Azimuth. AGREEMENT FOR EXCHANGE OF PROPERTY DOUGLAS F. MANCHESTER, a married man, dealing with his sole and separate property (hereinafter "Manchester"), and THE CITY OP McCALL (hereinafter "the City"), agree to exchange the following described parcels of real property located in McCall, Valley County, Idaho subject to the following terms and conditions: 1.1 Properties: Manchester shall transfer to tee City the property co~aonly known as the Century 21 property, and des'cribed more particularly on Exhibit "A" attached hereto (hereinafter "the Subject A Property") in exchange for which the City shall transfer to Manchester the property identified on the attached Exhibit 'B" as the "Subject B Property" (hereinafter "the Subject B Property") . 2.1 Conditions: The parties' respective obligations to close %his transaction are conditioned on the following= (a) Preparation of such legal documents ~s are required to consummate this transaction as are acceptable to both the City and Manchester. '(b) The conveyance to the City of good and marketable title to the Subject A Property, as evidenced by a stdndard coverage owner's title insurance policy. Said title shall be free and clear of any easements, liens or encumbrances or competing claiias of title, except as noted on the Preliminary Title Conu~itment and accepted by the City. Failure by the City to object to any such encumbrances of record, by delivering written objections to Manchester within fifteen (15) days after ius receipt of the Pre'liminary Title Commitment shall be deemed a waiver of any such objections. (c) The conveyance to Manchester of good and marketable title to the Subject B.Property, as evidenced by a standard coverage owner's title insurance policy. Said title shall be free and clear of any easements, liens or encumbrances or competing claims of title, except as noted on the Preliminary Title Cc~l~mitment and accepted by Manchester. Failure by Hanchester to object to any such encumbrances Qf record., by. delivering written objections to the City within fifteen days after his receipt of the Preliminary Title Commitment shall be deemed a waiver of any such objections. (d) The City's inspection and acceptance "as is" of the Subject A Property. Failure by the City to deliver written objections to the condition of the Subject A Property to Hanchester within fifteen (15) days after the execution of this Agreement shall be deemed to constitute the City's acceptance of the Subject A property "as is". (e) Manchester's inspection of'and acceptance "as is" of the Subject B Property. Failure by Manchester to deliver written objections to the condition of the Subject B Proper~y to the City within fifteen (.15) days ~fter the execution of this Agreement shall be deemed to constitute Manchester's acceptance of the Subject B property "as is". (f) the City's approval and acceptance ~rior to closing of any and all leases encumbering the Subject A ~roperty. (g) Obtaining written approval, prior to closing, by the Idaho'Department of Parks and Recreation and any other necessary State or Federal agencies of the conversion of the Subject B Property into private ownership. (h) Agreement in writing satisfactory to Manchester being reached prior to closing between Manchester and the Idaho Department of Lands ~or Manchester's lease of the property identified on Exhibit "B" as "State-Manchester Lease", and also referred to herein as "the State Lease Property". (i) Approval, prior to closing, by of McCill Planning and Zoning Co~nission and the McCall City Council of a re-zone of the Subject B Property and of Manchester's upland property as necessary to a commercial zoning classification. (j) Compliance by the ~ity with Idaho Code ~ 50-1403 and any other applicable Idaho Code Sections. (k) To the extent that it is required by' the Idaho Department of Lands, written agreement satisfactory to the City beinq reached prior to closing b~tween the. Ci.t~ and the State Department of Lands regarding the City's continued use and possession of the balance of the Mill Park located below the historical high water line of Payette Lake. 2.2 The expenses of closing shall be paid in the following manner: (a) The full cost of securing the Preliminary Title Co~m,~itment for the Subject A Property shall be paid by Hanchester. (b) The full cost of securing the Preliminary Title Commitment for the Subject B ?ropcrty shall be paid by the City. (c) The full cost of securing the Title Insurance Policy insuring the City's title in the Subject A Property shall be paid by Manchester. (d) The full cost of securing the title insurance policy insuring Manchester's title in the Subject B ~roperty shall be paid by the City. 151 ~e) The cost ox ~-eparing, executing and acknowledging a~:y deeds, instruments or other documents required to convey title of %he Subject A Property to the City shall be paid by ~4arLchester. (f) The cost of preparing, executing and acknowledging a:~y deeds, instruments or other documents required to convey title of the Subject B Property to Manchester shall be paid by the Ci'ty. (g) The cost of recording documents required to convey tiule to the Subject A Property to the City shall be paid by the City. (h) The cost of recording documents required to convey title to the Subject B Property to Manchester shall be paid by ~anchester. (i) Any tax imposed o~ the conveyance of title to the Subject A Property to the City under any Documentary Transfer Tax Act or any other similar Act or Ordinance shall be paid by the City. (j) Any tax imposed on the conveyance of title to the Subject S Property to Manchester under any Documentary. Transfer Tax Act or any other similar Act or Ordinance shall be paid by ~.lanchester. (k) All other closing fees shall be paid one-half by ~ianchester and one-half by the City. (1) Except as expressly noted to the contrary herein- above, ~.lanchester and the City shall each bear their own a~torneys fees. 2.3 Closing: Closing shall occur on or before May 31, 1990 . 3.1 Control of Property: Manchester shall maintain and control the Subject A Property un¢il closing. The City shall maintain and control the Subject S Property during and until closing. 4.1 t4a~tchester's Warranties: In consideration for the City's entering into this transaction, Manchester ~arrants and represents the following: (a) No Claims or Violations: To the best knowledge and belief of ~lanchester, there is presently no claim~ litigation, proceeding, citation or violation or governmental investigation pending or threatened against or relating to the Subject A Property or the transaction contemplated hereby. (b) No Cdmmitments Regardin~ Improvements. Manchester has made no co~itment to any tenant, governmental or quusi-governn]ental entity, or any other person or entity, which conunitment relates to the Subject A Property, or imposes upon ~.lanchester, or the successors or assigns of Manchester, any obligation to pay or contribute property or money or to construct, install or maintain any improvements on or off the Subject A Property. (c) Performance of Obligations~ During the period from the execution and delivery of this Agreement (the "Effective Date") until closing, Manchester shall p~_~prp.a~.! of his obligations relating to ownership of the Subject A Property, and shall do nothing to impair his title to the Sdbject A Property. (d) Insurance: During the per~od from the Effective Date of this Agreement until closing, Manchester shall maintain in effect adequate policies of insurance covering the Subject A Property. (e) Authority: Manchester has paid all state, federal and other regulatory agency taxes prior to delinquency, and has the power and adequate authority to make and carry out this Agreement and the transactions contemplated herein. (f) No Conflict: The execution, delivery and performance of this Agreement and all documents in connection therewith is not in contravention'of or in conflict with any document or other agreement concerning the Subject A Property, or any agreement, indenture, or undertaking to which Ran6hester is a party or by which him or any of his property may he bound or affected. (g) Improvements to/Alterations of State Lease Property:' Manchester shall not construct any structural improvements on the State Lease Property without the prior written consent of the City. Manchester shall have the option of excavating portions of the State Lease Property, for the purpose of coqstructing and re-configuring the beach, after obtaining any necessary State approvals or permits; provided, however, that during the "reversionary period" described below (i.e. for a period of five [5] years following the date of closing or until Manchester breaks ground on a guest lodging facility with a total project cost of $3,000,000.00, whichever occurs first), ~anchester shall not excavate more than thirty percent (30%) of the State Lease Property without the prior consent of the City. (h) Right of Reversion: In the event that neither ~.~anchester nor his successors or assigns break ground on a guest lodging and meeting facility on the property upland from the' Subject B and State Lease Properties with a total project cost of not less than $3,000,000.00 within five (5) years after the date of closing, then any interest, which Manchester or his successors or assigns may then have in the State Lease Property, together with any and all littoral rights which attach to the Subject B Property, shall revert to the City, to the extent that such reversion is not inconsistent with State law or regulations. (i) Setback: No improvements shall be constructed, nor any excavation conducted by Manchester within twenty (20) feet of the East-West line which forms the co,mnon boundary between the City's remaining Mill Park property and the Subject B and State Lease Properties. 5.1 The City's Warranties: In consideration for ~anchester's entering this transaction, the City warrants and represents the following: (a) Authority: The City has the power and adequate authority to make and carry out this Agreement, subject to the City's obligation to comply with the provisions of.Chapter 14, Title 50 of the Idaho Code and to obtain all required State or federal approvals as provided for above. ,(b) No Claims or Violations: To the best knowledge and belief of the City, there is presently no claim, dispute, litigation, proceeding, citation or violation or governmental investigation pending or threatened against or relating to the Subject B Property or the transaction contemplated hereby, and nothing in the current condition, occupany or use of the Subject B Property violates any applicable law. (c) No Condemnation or Special Assessments~ To the best knowledge and belief of the City, there is no pen~ing or contemplated condemnation of, or special assessment against, the Subject B Property or any part thereof, other than those outlined in the Preliminary Title Report. (d) Performance of Obllgations~ During the period from the execution any delivery of this Agreement (the "Effective Date") until closing, the City shall perform all of its obligations relating to ownership of the Subject B Property; and, the City shall not do anything or permit anyt]_~,ing to be done ~urlng the said period which would impair its title to the Subject B property, except as above provided. (e) Insurance: During the period from the Effective Date until closing, the City shall maintain in effect adequate policies of insurance covering the Subject B Property. (f) Consent to Lease and Release of Interest~ Assuming that all other contingencies and conditions precedent of this Agreement have been removed or met, the City hereby releases its interest in and consents to Manchester's lease from the State of Idaho of the above-described State Lease Property, subject to the terms of this Agreement. (g) Restroom Facilities: Manchester shall have the option, at his expense, to relocafe the current Park restroom facilities to a location acceptable to the City. 6.1 Inability to Close: Manchester and the ~ity shall proceed diligently and attempt in good faith to close this exchange on or before May 31, 1990. If, despite such efforts, the exchange cannot close by that date, or such alternative date as is agreed to by the parties, then the City shall have the option of acquiring the Subject A Property directly from ~.]anchester for such consideration as is negotiated in good faith by the parties, not to exceed Manchester's cost investment.in the property. 153 154 7.~ Notices: Any and all notices or o~er communications required or permitted by this Agreement or by law to be served on or given to either party hereto, the City or Manchester, by the other party hereto, shall be in writing and shall be deemed duly served and given when personally delivered to any of the parties, the City or Manchester, to whom it is directed, or in lieu of such personal service when deposited in the United States mail, first class, postage prepaid, re~urn receipt requested, addressed to: b~anchester at: 7979 Ivanhoe Avenue, Suite 250 La Jolla, California 92037 The City at: The City of McCall P. O. Box 1065 McCall, Idaho 83638 Either party, the City or Manchester, may change its address for the purposes of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. 7.2 Attorney Fees: Should any litigation be co~aenced between the parties hereto concerning the Subject A Property and/or the Subject B Property, this Agreement, or the rights and duties of either in relation thereto, the prevailing party shall be entitled to receive its attorneys fees and all other court costs involved in such litigation. 7.3 Integration Clause: This instrument contains the entire agreement between the City and Manchester respecting the Subject A Property and the Subject B Property. Nekther party is relying upon any promises, representations or statements made by the other or by the other's attorney except insofar as the same are expre, ssly contained herein. Any prior agreements reached between the parties regarding the Subject A and B properties are hereby rendered null and void. 7.4 Modification: This Agreement cannot be modified except by means of a subsequently executed Agreement. 7'.5 Governing Law: This Agreement shall be construed in accordance with the laws of the State of Idaho. 7.6 Binding on Successors~ The terms of this Agreement shall be binding on and shall inure to the benefit of the heirs, administrators, assigns and successors in interest of the parties, and shall be construed as a covenant running with the lands and premises described herein above as the Subject B property. 7.7 Anti-Merqer Clause: The terms of this Agreement shall survive and shall not be deemed merged in the deeds and other instruments associated with the transfer of the Subject A and B properties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date appearing opposite their signatures below. DATED: THE CITY,OF McCALL DATED: By: Title: DOUGLAS F. MANCHESTER STATE OF IDAtfO } Isso County of Valley ) On this day of January, 1990, before me a Notary Public in and lo--said State, personally appeared JOHN ALLEN, JR., known to me to be the Mayor of the City of McCall, Idaho, whose name is subscribed to the within instrument and acknowledged to me that he executed the same as such Mayor on behalf of the City of McCall. IN WITNESS WHERZOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. 155 STATE OF IDAHO ) (ss. County of Valley ) NOTARY PUBLIC FOR IDAHO Residing Co~aission Expires: On this day of January, 1990, before me a Notary Public in and fo~said State, personally appeared DOUGLAS F. ~'~NCHESTER, known to me to be the person whose name is. subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. NOTARY PUBLIC FOR IDAHO Residing at: Co~mmission Expires: 156 00C% tJ ! EXHIBIT "B"-3 After discussion, Mr. Wallace moved to adopt Resolution 1-90. Mr. Larson seconded and on a roll call vote, Councilmen Wallace, Larson, VanKomen and McCarty voted "Aye". The Mayor declared the motion carried and Resolution 1-90 adopted. city Attorney Robert Remaklus presented Ordinance 563. 157 ORDINANCE NO. $-~ 5 AN ORDINANCE EXPRESSING THE INTENT OF THE CITY OF IIcCALL, IDAIIO, TO EXCHANGE CERTAIN REAL PROPERTY BELONGING TO THE CITY FOR OTHER REAL PROPERTY FOR I'UI3LIC PARK PURPOSES, DESCRIBING SAID REAL PROPERTY, PI~OVIDING THE PURPOSE OF SUCH EXCHANGE, PROVIDING FOR A PUBLIC IIEARING UPON SUCH EXCHANGE, PROVIDING FOR PUBLICATIOM OF NOTICE OF SUCH HEARING, PROVIDING THAT SUCll EXCHANGE SHALL BE MADE PURSUANT TO AN AGREEMENT FOR EXCHANGE OF PROPERTY AND PURSUANT TO APPLICABLE STATE LAW, PROVIDING THAT COPIES OF THE APPRAISALS OF SUCH REAL PROPERTY AND SUCH AGREEMENT ARE OPEN TO PUBLIC I~SPECTION, PROVIDING A DATE UPO~$ WI[ICI{ SUCH EXCHANGE OF PROPERTY SHALL OCCUR, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. Pursuant to Section 50-1403, Idaho' Code, the City Counc~l~--~ the City of HcCall, Idaho, does h~reby express its intent to exchange real property of the City of McCall not used for public purposes, which said property is more particu- larly described as follows: CITY-OWNED PROPERTY A parcel of land situate in Oovermnent Lot 1, Section g, T, 18 N., R. 3 E,, City of McCall, Idaho, more particularly described as follows: Commencin~ at. the northeasterly corner of Lot 2, Block 6~ HcC~ll's FSrst Addition to the Village of McCall, as shown on the Official Plat thereof on file In Book 1, PaZe $8 of Plats in the Office of tho Keoorder of Valley County, Idaho, ~ brass cap set in concretes then6e, N. 8~. ~$' W., 18~.00 fee~ along norLherly line of said Lot ~ to the e,sterl~ boundary of Mill Park; thence, N. 4. 45' 47" E., ~69.65 feet ~lon~ s~id ¢:aster]¥ boundar~ to the REAL POINT OF BEGINNING: Thence, continuing N. 4. 45' 47" E., ~77.~ feet thence, N. 630 zg' 42" W.~ 4~.?~ feet thence, S. 77~ 54' ~4" W,, $~.Z7 feet to the Old High Water Mark of Payette bake 'thence, S. ~o 13' lZ" W., 182.08 feet along said Old High Water Mark ~hence, S, 82. 33' 00" E., 58.4~ fee~ to the Point of Beginning, eontainin~ 0.Z73 acres, more or less. 8carings based on StaLe Plane Grid Azimuth. STATE LEASE PROPERTY A parcel of land situate in Oovernment Lot 1, Sec~;ion 9, T. 18 N., R. 3 E., City of McCall, Idaho, more particularly described as follo~s: Commencing at the northeasterly corner of Lot 2, Block 6, HcCall's First Addition to the Village of McCall, as shown on the Official Plat thereof un file in Book 1, Page 28 Of Plats in the Office of the Record6r of Vslley County, Idaho, a Brass cap set in concrete; thence, N. 81. 28' W., 185.00 feet along northerll l[ae of said Lot Z to the easterly boundary of Mill PauL; thence, N. 4" 45" 4?" E.~ 369%65 fee~ along said easterly boundary; thence. N, 82. 33' 00" W., 58,43 feet to the Old l{igh Water Mark of Payette Lake~ the REAL POINT OF BEGINNING: Thence, continuing N. 82" 33' 00" W,, 65~76 ['resent High Water Mark of Payette Lake thence, N. 41, 56' 3Z" E.~ High Water Mark thence, M. 22. 00' 21" W., High Water b~ark thence, N, 40. 20' 54" E,'~' lligh Wuter Mark thence. N. '77. 54' 14" E,, 23.89 feet along sa~d Pre,eh% High Wmter Mark to said Old High W~ker Mark thence, S, 1° 13' 12" W.~ 182,08 feet to the Poin~ of Beginning, containing 0.25~ aores~ more or less, feet to %he 16.19 feet along maid Present 84.33 feet along said Present 102,71 feet along said Present Bearings based on State Plane Grid Azimuth. Section 2. The real property which the city intends to receive in such exchange is certain real property now owned by Douglas F. Manchester, which is more particularly described as follows: 15~ EOr Government Lot 3, ]and In N. , ~. 3 . , B. M. , City of McCall, Valley County, Idaho, more ~articularly described as follows: Commencing at the no~othwest ocr'nar of Let B, Block ~,.of McCall's ~irst ~ddition to the Village of McCall, as shown on ~he ~fflcl~! alat thereof on file in the office of the.~ecorder ~f Valley Co,~nty, Idaho, in Book i, page ~8 plats, as re-established by ~hat P~rticular Record of Survey recorded in the office ~f R~corder of Valley County, Idaho, in Book e, page ~ of Records or Surveys, a i/~" rebar, thence N. 810~5'00'' W. &?.?3 fee~ along the southerly right-of-way Pine Street to ~ 5/8" rebar~ ~hence a~.35 feet along said right-of-t~ay on a curve to the left whose rndi,~s is ~0.00 feet and delta angle is 7°041'30" to a 5/8 " rebar: thence S. ~,-053'30" W. &~.~E feet along ~he easterly right-of-way of East Lake Stree~ to a 5/8 " rebar marking a point of curvaturel thence N. ~Oo&'30" W, ~0.00 feet ~o the point of curvature on the westly right-of-way of said Ems~ Lake Street, the Real Point of Beginning: Thence IW.B5 feet miong said Westerly right-of-way on a non-. tangent curve to' the right whose long chord b~ars S.' E~030'5~'' bi., 1~.~5 feet, whose radius is 350.00 f~et and delta angle is 3Ola,57,,, thence N. 56038'~0"W. ?6.43 feet, thence N. 32009'30'' E. , A5.~O thence 'S. 570~0'30'' E. ?3.~a feet, to said westerly right of way, thence S. ~?°53'30" W. ~?.5& feet to the point of 8egtnninq. TOGETI.IE;~ WITH: a permanent, nonexclustve easement and right of ing~es~ and eq~s ove~ the portion of the premises adjoining the nremi~es described above whlch easment is described as folle~s: ~n .easement for. ingress and egress and access to adjacent property o~ned by the City or McCall situate in Govecnment J.~t 3, S~ctio~ g. T. 18 N., R. 3 E., B. M., City of McCali~ Valley Eo,~,~t¥, Idaho more particularly described as follow~: Commencing at the northwest'.corner Of Lot B, Block E of McCall's 1st Addition to the Village of McCall as shown on ~he official plat thereof on 'rile in the office of the ~ecorder of Valley Cownty, Idaho, Boo~ I page E8 of Plats, as re-established by that particular ~ecord of Survey recorded in 'the of,rice of ~he Recorder of Valley County, Idaho in Book ~, page E4 of records of Surveys, a 1/~" rebar; thenc~ elOes'o0,, W. 67,73 feet along the southerly right-of-way of Pine Street to a 5/8 " rebar; thence ~,9.35 feet along said right-of-way on a curve to the left ~hose radi,js is cO.O0 feet and delta angle is 70041'30" ~o a 5/0" r~ba~: thence S E?°53'30" W., &~.~E feet alon~ the easterly right-of-way of East Lake Street, to a 5/8 " r~bam marking a point of curvaturej thence N.6~Oo&,30,, ti., &O.O0 feet ~o the point oF curvature on the westerly right-of-way of said East Lake Street: thence 19.85 feet along said westerly rlgh~ of way on a ng,~-tangent curve to th~ right whose long chord bears S. ~030' 5g" M. , ig.85 £eet whose radtus ~s 350.00 feet and delta angle is' 371~,' 57"; thence, N. 56038'~0., W. ~&.~3 feet to the ~eaJ Point of geginninq: · Thence, continuing N. 56038'e0" W., 119.61 feet, ~henc~ S. 76°53'30', E., ?0.55 feet, thence N. 5~0e~,30,, E. ~l.BO feet, thence, S. 570~0'30" E., q~.&~ feet, ~hence ~ S. 3~00~'30" W., ~5.~0 feet to the point of Beginning. Section 3. The purpose of such exchange is to exchange real property of'the city at the North end of Mill Park for real property to be used for needed public improvements, which real property to be acquired by the city is generally known as the Century 21 office on Lake Street and is located in the core area of city-owned property all of which, including the Century 21 property, shall be developed into a public park with the pro- ceeds receiveu from the sale of general obligation bonds author- ized by that certain bond election held in the City of McCall on the 6th day of June, 1989. Section 4. A public hearing shall be held upon the proposed excha~-~ oroperty, which public hearing shall be held at the HcCall City ilall, 216 Park S~reet, McCall, Idaho, on the ~ ~ay o~ ~~, i990, at the hour of ~.'3ao'ciock ~.,~., of such da~. j · Any and ail intersted persons are invited to attend and be heard at such public hearing. 'Section 5. The City Clerk shall publish notice of such publi~-J;~inq twice, at least seven (7) days apart, in ~he Central /daho Star-News, the official newspaper of the City of t. lcCatl, the first of which publications shall be at least fifteen (15) days. prior to such hearing. Section 6. Such exchange of property shall be made pur- suant Lo ~q~ provisions of ti]at certain Agreement for Exchange of Property dated the ~_~ day of January, 1990, between the City of McCall, Idaho, ~nd Douglas F. Manchester, and subject further to the provisions of Chapter 14, Title 50, Idaho Code. Section 7. Copies of the appraised value of each of the above described tracts and the agreement between the City of HcCall lcaho, and Douglas F. ~anchester, dated January 1990, are on file in the offic~ of the City Clerk at theL~Call City Ilall and are open to public inspection at all times during regular office hours. Section 8. In the event that no objection is made to such exchange ~n t~ form and manner as provided in said agreement above described and as provided in Chapter 14, Title 50, Idaho Code, such exchange of property shall be made at 2:00 o'clock p.m., on the ~--~ day of '~A~,~ , 1990, at the McCall (iitv Ilall, McCaI~-~, Idaho. "~ 159 Section 9. This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Passed and approved this 18th day of January 1990. ATTI]ST: · '.~34a yor Mr. McCarty moved to suspend the rules requiring that the Ordinance be read at three meetings before adoption. Mr. Wallace seconded and on a roll call vote, Councilmen McCarty, Wallace, Larson and VanKomen voted "Aye". The Mayor declared the motion carried and the rules suspended. Mr. McCarty moved to adopt Ordinance 563. Mr. Larson seconded. On a roll call vote, Councilm~'n McCarty, Larson, Wallace and VanKomen voted "Aye". The Mayor declared the motion carried and the Ordinance adopted. III. ADJOURNMENT: Without further business, Mr. Wallace moved to adjourn. Mr. Larson seconded and the motion carried. The Mayor adjourned the meeting at 9:10 a.m. Mayor ATTEST: ~__~//~A~_.ES H. HENDERSON Acting City Clerk 160 CITY OF McCALL CITY COUNCIL MINUTES January 25, 1990 I. CA3~L TO ORDER AND ROLL CAT,L: At 7:00 p.m., Mayor Allen called the meeting to order. Councilmen McCarty, Wallace, Van Komen and Larson answered the roll call. II. MINUTES: After discussion, Mr. Wallace moved to approve the minutes of January llth as amended. Mr. McCarty seconded and the motion carried. After further discussion, Mr. Wallace moved to approve the minutes of January 18th as presented. Mr. McCarty seconded and the motion carried. III. PAYMENT OF CLAIMS: A list of claims dated January 19th was presented. After discussion, Mr. McCarty moved to approve the claims. Mr. Van Komen seconded and the motion carried. IV. CONSENT CALENDAR: No items were listed for consideration. V. ELECTION OF CITY COUNCIL PRESIDENT: The Mayor opened the floor for nominations. Mr. Larson nominated Mr. McCarty. Mr. Van Komen seconded. There were no further nominations and Mr. McCarty was elected by voice vote. VI. MAYOR AND COUNCIL COMMENTS AND REPORTS: Mayor Allen presented a copy of a letter from Idaho Department of Lands notifying Rick Fereday that the requested marina expansion permit was denied. Mayor Allen presented a letter from Polly Collins with her resignation from the golf advisory committee. Without objection, the resignation was ordered accepted. Mayor Allen reported that he and Tom Kerr had attended the Highway Needs Assessment Conference. The gist of the conference was that the State's highways are in need of approximately $7 million of repair. VII. STAFF REPORTS: Acting City Administrator: Mr. Henderson reported that the typing of the proposed combined zoning code had been completed and that copies had been provided to the both P&Z Commissions and that both Commissions were reviewing it. Mr. Henderson reported that Michael Allen had been hired as animal control officer. Mr. Henderson requested direction concerning the past due water and sewer accounts of Max Williamson and Art Barnard. After discussion, the staff was directed to remove the past due amounts from the computer billing system but to maintain a manual record of those amounts. The recommendation of th~ Golf Course Advisory Committee to purchase a used pressure washer and arc welder was discussed. After discussion, Mr. Wallace moved to approve, the purchase of the welder and washer using funds appropriated for cart path oiling, conditioned upon the Golf Foundation paving the cart paths. Mr. Larson seconded and the motion carried. City Attorney: Mr. Remaklus reported that nothing had been received from Jim Sleight regarding his property at First and Colorado Streets. Mr. Remaklus asked for the Council to go into executive session under section 67-2345(f) to consider pending litigation. Mr. Remaklus reported a memorandum decision in favor of the City in the case of Lundgren vs. City of McCall. VIII.PUBLIC HEARINGS NOTICED FOR 7:30 P.M. There was no one present to represent eithe~r Gladys Shelton or Gerry McManus. After discussion, the hearings were ordered carried over to 7:30 p.m. February 8, 1990. The staff was directed to ensure that proper notice is given to both parties and their representatives. IX. OLD BUSINESS: Resolution ~-9Q re: Sal~ of G.O. Bonds: Mr. Henderson reported that seven bids had been received for the $1.1 million General Obligation Bonds authorized by the Special Election on June 6, 1989. The bids received were as follows: Bidder Net Effective Interest Rate Edward D. Jones & Co. Shearson Lehman Hutton Piper, Jaffray & Hopwood Seattle Northwest First Security Bank Kirchner Moore Merrill Lynch 6.5384000% 6.6774000% 6.7064000% 6.7471342% 6.8098440% 6.8212230% 7.1044660% Mr. Remaklus presented Resolution 2-90 directing the sale of the bonds to the low bidder, Edward D. Jones & Co. RESOLUTION NO. 2 -90 A RESOLUTION OF THE CITY OF McCALL, ~pA/{O, AUTHORIZING.THE SALE OF GENERAL OBLIGATION BONDS, SERIES 198~, IN THE PRINCIPAL AMOUNT OF $!,100,000, TO THE SUCCESSFUL BIDDER; AND DIRECTING THE PREPARATION OF THE BONDS WHEREAS, the City of McCall, Idaho (the "city"), by Ordinance No. 553, adopted on July 14, 1989, has authorized the issuance and sale of the City of McCall General Obligation Bonds, series 1989 (the "Bonds"), in the aggregate principal amount of $1,100,000, and has directed the giving of Notice of Sale thereof; and WHEREAS, at the time and place fixed in the Notice of Sale ~ ~ receiving bids for the purchase of said Bonds, said bids were received and publicly opened, examined, and declared. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF McCALL, IDAHO, as follows: Section %.: Ail bids received for the purchase of the bonds, except the bid herein stated, are hereby rejected. The Bonds are hereby ordered sold to: as the responsible bidder making the best bid, with interest to the date of delivery of said Bonds, said sale to be subject to all of the terms and conditions set forth in the Notice of Sale of the Bonds and in the successful bid, and the Mayor of the City is ~%eroby authori~ud to executs an acceptance of said bid. 161 Section ~: The City's Bond Counsel is hereby authorized and d~rected %0 have said Bonds printed forthwith, and said Bonds shall se executed, authenticated, and delivered to the successful bidder cn receip% of the amount therefor as above stated, with accrued in%eres~, if any, and upon the performance of the 'conditions contained in the accepted bid and the Notice of Sale of ~the Bonds. Section .~: The legal opinion of Lindsay, Hart, Neil & ~'~eig!er, of Boise, Idaho, approving the validity, of the Bonds, shall be provided to %he purchaser at the time of delivery of the Bonds. DATED this 25th day of January, 1990. CITY 0¥ McCALL Valley County, Idaho Mayozx · .,y, AT?EST: /'~-~i ty C1 erk Mr. McCarty moved to adopt resolution 2-90. Mr. Van Komen seconded the motion. At a roll call, Mr. McCarty, Mr. Van Komen, Mr. Wallace and Mr. Larson all voted "aye." B. Golf Course Management Contract~ The council reviewed a proposed management with John Drips. Points discussed by the council included: Disposition of remunerations from Mr. Drips concessions when those remunerations exceed the management fee; auditor's requirements; whether or not the proposed driving range should be include~; off-season use of the clubhouse; winter storage fees for golf carts; and. liability for vandalism. Mr. Van Komen asked the staff to contact the city's auditors to determine what information Mr. Drips must provide to the auditors. Mr. Larson moved to postpone discussion on the contract until February llth as he was expecting additional information which may help formulate the contract. Mr. McCarty seconded and the motion carried. c. Proposed Lakefront Park: Max Williamson presented a summary of citizen comments concerning proposed park plans. The consensus of the comments as well as the parks and recreation committee. The committee asked for direction on the disposition of the Century 21 building. Mr. McCarty moved to remove the Century 21 building. Mr. Larson seconded and the motion carried with Mr. Wallace voting "no." The committee also asked for direction on the proposed traffic and parking plans. Mr: Van Komen moved to refer the matter to the Transportation Committee for evaluation and recommendations. Mr. McCarty seconded and the motion carried. The council asked the City Attorney to look into the status of the Gentry Easement. Toothman orton- Pay Estimate #2 and Change Order #2: The council reviewed a payment request to E & E Electric in the amount of $6,412.91 for the AWOS installation at the AirPort. Mr. Wallace moved to approve the payment. Mr. McCarty seconded and the motion carried. The council reviewed a change order by E & E Electric to extend the date of Substantial Completion and date of Final Completion by 45 days due to a manufacturing delay for needed radio equipment. Mr. McCarty moved to approve the change order. Mr. Wallace seconded and the' motion carri~. ~ Ao Street Vacation Request;. Charley and cindy Taber presented a request to vacate the portion of Frost Street, a dedicated but undeveloped street, that adjoins their property on Pinedale Street. After discussion, the matter was ordered referred to the Transportation Committee for review and recommendations and to the staff for a report. ~ssignment of Lease on Hanger #5: The council reviewed an assignment of the lease of Hanger #5 from Richard Moltke to James Campbell. After discussion, Mr. Wallace moved to approve the assignment. Mr. Van Komen seconded and the motion carried. street closure for Winter Carnival: The council reviewed a request from Hal Sager to close Lenora Street between Second and Third Streets from January 29th and February 4th for the Idaho Snow Sculpting Championship and requesting that the city Crew provide snow for the snow blocks. After discussion, Mr. Van' Komen moved to approve the request with the provision that the City Crew's regular duties must come first. Mr. McCarty seconded and the motion carried. XI. BOARD, COMMITTEE & COMMISSION REPORTS REQUIRING ACTION: A letter from Truck Equipment Corporation was acknowledged. The council reviewed a letter from Valley County renominating Mr. Remaklus and Mr. Wallace as Members-at Large of the Board of Directors of the Ida-Ore Regional Planning and Development Association. After discussion, Mr. Van Komen moved to approve Mr. Wallace's nomination with his travel expenses paid by the City. Mr. McCartv seconded and the motion passed. XII. INFORMATION ITEMS: A Calendar of Events, AIC Action Bulletins #21 & #22 and a Merit Award to the City of McCall from the State Insurance Fund were acknowledged. XIII.EXECUTIVE SESSION: Mr. McCarty moved to go to Executive Session under Section 67-2345(f) I.C. to consider legal counsel in pending litigation and under Section 67-2345(c) I.C. to conduct deliberations regarding acquiring interest in real property not owned by a public agency. Mr. Van Komen seconded. At a voice vote, Mr. McCarty, Mr. Van Komen, Mr. Wallace and Mr. Larson voted "Aye." The council went into Executive Session at 10:55 p.m. The council returned from executive session at 11:40 p.m. Mr. McCarty moved the refer the matter of the Aspen Condgminiums to Mike Moore of Lindsay, Hart, Neil & Weigler for review and advice so long as the fees did not exceed $1,000. Mr. Van Komen seconded and the motion carried. XIV. ADJOURNMENT: Without further business, Mr. Wallace moved to adjourn at 11:45 p.m. Mr. Van Komen seconded and the motion carried. DATED this~day of ~-/~ ., 1990. ~ ATTE$~ J6H~ J. A~E~EN ..... :~4-~S' h-~-HENDERSON Mayo~'r .... /' Acting City Clerk 164 McCATJ. CITY COUNCIL MINUTES February 8, 1990 I. Call to Order and Roll Call: Council President McCarty called the meeting to order at 7:00 p.m. Councilmen McCarty, VanKomen, Wallace and Larson answered the roll call. Mayor Allen was absent. II. Minutes: The minutes of the December 14th and January 25th meetings were presented. Without objection, the Chair ordered the minutes filed. III. Payment of Claims: A list of'ilprepaid and unpaid claims dated February 4th was review, ed. Councilman VanKomen moved to pay the claims, Mr. Larson seconded and the motion carried unanimously. IV. Mayor and Council Comments and Reports: There were no reports. V. staff Reports: City A~$n~strator's Report: A verbal report included the work schedule for the Administrator, commencement of a planning process for the City, and a request to add the Airport Committee Minutes of February 7th. The Council elected to take up the action item, a lease to Wilde-Wolfe Oil. The Committee recommended extending a lease to the firm under certain conditions outlined in the Committee Minutes. Mr. VanKomen requested that a cash bond be required. After discussion, Mr. Wallace moved to direct staff to draft a lease for property on the N.W. corner of the airport. Mr. Larson seconded and the motion carried. City AttorNey Report: 1. County Insurance: The attorney reported that the County's insurance coverage will cover snowmobile intrusions onto the McGinnis property. An agreemen~__.~_s__r~=c[_uired betw~_een the._ co. un_.ty _a.n.d. M~-, ~-Ginnls. The C0Uh~y nas u~ed the cl~y to bear the cost of the drafting of the agreement. Mr. Wallace moved to direct the attorney to negotiate and draft such agreement and submit it to the Valley County Commission for approval. Mr. Larson seconded and the motion carried unanimously. 2. Sleight Issue: The attorney reported no further contact with Mr. Sleight. 3. Ordinance 564: This Ordinance amends the airport ordinance as recommended by the Airport Advisory Committee. The City Attorney read the Ordinance by title for its first reading. By order of the Chair, it is scheduled on the next agenda for a second reading. TreaSurer's Report:. The monthly Financial Report for th~ period ending January 31, 1990 was received and ordered filed by the Chair without objection. VI. Public Hearings (.7:30 p.m.): Gladys Shelton Water Bill Appeal: The city Attorney reported that Attorney Derr requested that the hearing be deferred to a later time. Mr. Wallace moved to reschedule the hearing to the first Council meeting in March. Mr. VanKomen seconded and the motion carried. Gerry McManus Water Bill Appeal: Mr. Henderson gave a Staff Report. Mr. McManus confirmed the issues as presented in the Staff Report. Further discussion revolved around the need to amend the City Code and review rates and classes of customers. The city Attorney advised he would report on disposition of this matter at the next meeting. The Chair continued the hearing to the next meeting. VII. Old Business: Golf Course Concession Contract: Councilman Larson presented certain suggestions and a discussion with Mr. Drips and his counsel, Mr. Killen, ensued. After a discussion, certain contract amendments were':agreed to and the amended agreement would be considered at the next Council ~eeting. The Golf Committee is to be instructed to begin contract negotiations in the early fall of 1990 for 1991. GeDtry ~ark Easement: Attorney Killen asked to address the letter listed later on the agenda under "Correspondence". The Chair 'moved the Agenda without objection. Mr. Killen explained that the prior agreement was not acceptable to Mrs. Gentry's tax advisors. He assumed responsibility for presenting an instrument to address this issue at an early date. Disposition of Depot: This matter was deferred from the August 24, 1989 Agenda. After discussion, the Council asked that proposals for use of the building be brought before them. The Council specified that no lease over one year would be acceptable, albeit leases with a first right of refusal, promises to maintain the historical qualities of the building and expecting to pay repair costs would be most favorably received. VIII.New Business: F~¢a~ year 1988-1989 Audit Report: Mitchell Marx appeared and reviewed in detail the management letter and audit report. No action was taken. Notice o~ Claim by Bjorn Dehlin: The Council acknowledged receipt of the claim and referred the matter to the City's insurance carrier. ITD Application for State Grant: An application for the State/Local grant program for cost sharing for a new UNICOM~radio was presented. Mr. VanKomen moved to approve the application and authorize the Mayor to sign. Mr. Wallace seconded and the motion carried. Fuel Bids: The notice and specifications were discussed. After discussion, Mr. VanKomen moved to approve the fuel specifications and call for bids for motor and heating fuels. Mr. Wallace seconded and the motion carried. Councilman VanKomen requested that Staff determine if State Excise Taxes were refundable to the City. 165 WiNter Games R~q~est~ Denny Carlson on behalf of the Winter Game Project requested snow deliveries to erect a snow sculpture for the event. Mr. VanKomen moved to approve the City's assistance as long as it did not interfere with other duties. Mr. Wallace seconded and the motion carried. 166 Proclamation: Mr. McCarty noted' his intent to declare the week of February !!-17, 1990 as National Child Passenger Safety Awareness Week. IX. Board, Committee and CommissioD Reports: No reports requiring action were on the Agenda. Correspondence: Second Century Tree Program: Mr. VanKomen moved to reau{hOrize the application for 1990. Mr. Wallace seconded and the motion carried. ~ighway 95 Association:. Mr. Wallace moved to authorize payment of the $.50.00 business category membership fee to the Association. Mr. VanKomen seconded and the motion carried. XI. Infor3mation Items: The Council acknowledged receipt of the Mill Park appraisal, AIC Action Bulletin No. 23, the Calendar of Events and the January Building Report. XII. AdjOurnment: At 10:00 p.m., without further business, the meeting adjourned on a motion by Mr. VanKomen, seconded by Mr. Wallace and.carried. DATED this ~~day of .~r.4~(~~~'~-~--"" , 1990. ~ _/~ATTEST:i ~/~ JOHN~. ADLEN Mayor City Clerk McCALL CITY COUNCIL MINUTES February 22, 1990 I. Call to Order and Ro~I Ca~l$ Mayor Allen called the meeting to order at 7:00 p.m. Councilmen McCarty, VanKomen, Wallace and Larson answered the roll call. II. Minutes: The minutes of February 8th were discussed. Mr. VanKomen requested that his request for a cash bond in the event of environmental damage for the Wilde Wolfe Oil lease.be entered in the discussion of item II as a correction of the minutes. The Chair ordered the correction .and, without objection, the filing of the minutes as corrected. III. Claims; A list of prepaid and pending claims dated February 18th was presented. Mr. VanKomen moved to pay the claims. Mr. Wallace seconded and the motion passed unanimously. IV. Consent Calendar; Items on the calendar included the Library Board Minutes of February 13th; Catering Permits for February 16th and 17th; City Planning and Zoning Commission minutes of February 6th and 13th. Councilman VanKomen moved to approve the consent calendar, Mr. McCarty seconded and the motion carried. 167 VI. Mayor and Council Comments and Reports: Mayor Allen nominated Dean Martens to serve on the Committee to fill the position left vacant by Steve Millemann's resignation. Mr. VanKomen moved to approve the nomination. Mr. Wallace seconded and the motion carried. The Mayor reported on the Aid Legislative Committee's actions as well as the progress on the GEM city program. Councilman McCarty inquired about progress on combining the Planning and Zoning Ordinances. He asked the Mayor if he would direct the Commissions to'have their review and hearings in place by the start of the building season. Further, he asked that to expedite this, the matter of organization of the Commissions betaken up by the Council. Without objection, the Mayor agreed to direct the Commissions as requested. It was also noted that the County Commission should be formally advised of the City's intent regarding the Comprehensive Plan. Without objection, the Mayor agreed to advise the Commission. Staff RepOrts: City Admi~istyator's Report: The report detailed a sewer spill into the Payette River on January 9th; the G.O. Bond closing; snowmobile race parking,.and the 'Idaho County Development Block Grant program for Economic Development. In addition, a progress report on the Cascade Reservoir Study was distributed and potential impacts on the City's waste water treatment discussed. Letters protesting the Wilde-Wolfe Oil Lease were noted. The Council elected to take up the matter later on the agenda. Finally, the Administrator asked to advertise a closing date for Depot proposals of March 5th. Without objection, the Mayor so directed. City ~t~orney Report: The Attorney reported progress on the Jet Ski Ordinance, the Sleight matter, the Aspen Condominium matter and the Park Land Trade. C. City Treasurer's Report: 1. The year end report for FY 1988-89, was presented for approval. Mr. VanKomen moved to approve and publish the report. Mr. Larson seconded and the motion carried. 2. Fiscal Year 1988-89 Audit: The Treasurer asked that action be taken to accept the Annual Audit presented at the last meeting. Mr. VanKomen moved, Mr. McCarty seconded, to accept the audit report for Fiscal Year 1988-89. 3. The Treasurer also reported on the status of Federal and State excise taxes on motor vehicle funds. VII. Public Hearing$~ Mayor Allen announced that a duly noticed hearing was scheduled for 7:30 p.m. and declared the hearing open. Attorney Remaklus provided a Staff Report, outlining the parcels to be exchanged and details of the agreement to trade a portion of Mill Park for the Century 21 property. Attorney Mil%emann, representing Douglas Manchester and Torrey Enterprises, owner of the Century 21 parce. 1, further discussed the proposal. The following persons then commented: Elizabeth Rat¢liff enquired about zoning of the parcel. Ron Ruth expressed concern about bicycle access across the property. David Byars noted that he supported the trade and that vandalism in Mill Park would be reduced and Mill Park would be improved by the transaction. Lonnie King expressed concern about the benefits of the transaction to the City. Dennis Carlson asked to be registered in favor of the trade. Harry Stathis expressed his support. With no others wishing to testify, Mayor Allen ordered the written testimony, a letter from Lance Eckhart supporting the trade, and one from John Russell also favoring the proposal entered into the record of the hearing. The Chair also ordered the tape recording made a part of the record and then closed the hearing. VIII.Old Business: Airport Lease to W~de-Wolfe Oil: The following persons commented upon the proposal: Gordon Colburn, Airport Advisory Committee member, explained the Committee's endorsement of the proposal. David Byars supported the proposal. Scott Anderson expressed concern about conflicts with City goals, safety and aesthetics of the project. Pat Dorris proposed some other location on the airport for the lease. Rod Nielson alleged the matter was not publicly noticed and asked that the matter be~ put on hold. Mayor Allen advised that contrarily to the allegations, no lease had been concluded. Letters from Bill Dorris of McCall Air Taxi, Riverside Subdivision landowners, the Village Square Owners Association were noted. Mr. Wallace moved to schedule the matter on the March 22nd agenda for reconsideration. Mr. VanKomen seconded and the motion carried. OrdiDance 564~ Second Reading: Ordinance 564, amending the airport rules, was read by title by the City Attorney and filed for its third reading. Golf Contract, John Drips Inc.: A corrected draft of the agreement was distributed. After discussion, further questions were to be answered, specifically: 1. Mr. Drips' gross income was to be disclosed. 2. An explanation of why profit margins were below standard for the pro shop and grille. 3. An explanation of why tournament expenses were listed twice on the audit. Further, the Council asked that more detail of the operations be disclosed in the audit and offered to hold a special meeting, at Mr. Drips' request, when such information was available. park DevelopmeD~ Issues: Numerous persons were present who wished to comment. The Council then took up the following two items: Transportation committee Minutes of February 7th: The Committee recommended to the Council against converting E. Lake Street to a one-way street, as proposed for the park plan. The recommendation suggested construction to permit such a proposal in the future and that the parking requirement be referred to Planning and Zoning. Mr. McCarty moved to accept the Committee"s recommendations. Mr. VanKomen seconded and the motion carried. City Planning and Zoning Commission Minutes of February 20th: The CommiSsion made recommendations IX. XI. concerning a parking space requirement at the proposed park suggesting twenty-seven spaces on the site, excluding the street Side parking-- The Council entered a lengthy discussion, including presentations by Andy Laidlaw, Rick Fereday, Scott Findlay, Kay Larson, Bill Killen, Steve Millemann, Max Williamson and Dean Martens. The point of contention was the number of parking spaces required for the park development. Following the discussion, a motion to direct the park design team to investigate three alternatives; the placement of 40, 50, and 60 spaces at' the park, assuming no current parking at the site and including on-street spaces in the count was made by Mr. VanKomen, seconded by Mr. Larson and carried unanimoUsly. The matter will be rescheduled to the next agenda. Golf Clubhouse, ~i~Ds and Specifications: The Council reviewed the plans and specifications and the budget for the project. Mr. McCarty moved to approve the plans and specifications and call for bids, subject to the Attorney's approval of the notice and bid documents, and subject to receipt of a chgck from the Golf Foundation for the difference between the architects estimate and the funds available. Mr. VanKomen seconded and the motion carried unanimously. Agreement with West One Bank: The agreement for West One Bank to act as financial agent, signed by the Clerk and Treasurer at the bond closing, was presented for confirmation. Mr. Wallace moved to confirm the agreement. Mr. McCarty seconded and on a roll call vote, Councilmen Wallace, McCarty, Larson and VanKomen voted "Aye". The motion carried. G o Airport Proje¢t/AWOS: A final pay estimate (No. 3) for $20,862.59 to E&E Electric was submitted for approval. After discussion, Mr. VanKomen moved to approve the pay estimate. Mr. Wallace seconded and the motion carried. New Business: Animal Shelter. Rob Starr: Mr. Starr left the meeting and the item was not discussed. ~olf ¢o~rse Fairway Mower..Specifications: Mr. Jackson presented the specifications for two used mowers. After discussion, Mr. McCarty moved to approve the specifications and call for bids on the equipment. Mr. Larson seconded and the motion carried. Board, committee ~ CQmmission Reports Requiring Action: A. The Transportation Committee minutes of February 7th were taken up previously in the agenda. The City Planning and Zoning Commission minutes of February 20, 1990 were taken up previously in the agenda. Impact Planning & Zoning Commission Minutes of ~ebruary 12th: The Commission recommended approval of the amended Findings of Fact and Conclusions of Law for the Duane and Alberta Smith Special Use Permit. Mr. Wallace moved to adopt the amended Findings of Fact and Conclusions of Law as recommended by the Commission and dated February 12, 1990. Mr. Larson seconded and the motion carried. Correspo~denoe; The Council noted correspondence as follows: Letter from Idaho State Historical Society re: placinq SITPA site on Historical Register. 169 170 B. Letter from Star News re: Open Meeting Law. C. Letter from Susan Hall re: Winter Carnival. Letter to Ida-Or from Councilman Wallace re: support for grant application. Letter from Mr. Fredericks, Attorney for Kalman Trust. Mr. Schmidt reported on a subsequent call from Mr. Fredericks who will detail his allegations in further correspondence. XII. Information I~ems~ The Council reviewed the information items: A. Audit: John Drips, Inc. B. AIC Action Bulletin #24. C. Calendar of Events. Land Trade: The City Attorney reported staff contact with Jake Howard of Idaho Parks and Recreation and the receipt of the conversion package requiring environmental reviews, appraisals, maps and narratives. He further reported a deposit of approximately $13,500 may be required. On a motion by Mr. McCarty, seconded by Mr. VanKomen, the Council directed the Mayor and staff to expedite the trade and pay the deposit as soon as possible. XIV. AdjournmeDt; At 12:07 a.m., without further business, Mr. Wallace moved to adjourn. Mr. Larson seconded and the motion carried. Mayor ATTEST: McCALL CITY COUNCIL MINUTES March 8, 1990 171 Roll Call and Call to Order: Mayor Allen called ~he meeting to order at 7:00 p.m. Councilmen McCarty, VanKomen, Larson and Wallace answered the roll. II. Minutes: Mr. Wallace moved to approve the minutes of the February 22, 1990 meeting as presented. Mr. VanKomen seconded and the motion carried. III. claims: A list of claims dated March 1, 1990 was presented. Mr. VanKomen moved to pay the claims. Mr. Larson seconded and the motion carried unanimously. IV. Consent Calendar: The Impact' Planning and zoning and Transportation Committee minutes were moved to the Committee Reports section of the agenda. Catering permits for Lardo's for February 23rd and 24th and for Si Bueno for March 3rd were also listed. Mr. Wallace moved to approve the catering permits. Mr. Larson seconded and the motion carried. Mayor and Council Comments and Reports: Mayor Allen announced that Boy Scout Troop 246 had made a gift of an Idaho Centennial flag to the City. Mr. Wallace moved to accept the flag, Mr. McCarty seconded and the motion carried. The Mayor advised that he would convey the City's thanks. Mayor Allen also noted House Joint Memorial 16 relating to displays of the flag and military color guards for parades during the Idaho Centennial year. Also noted was a letter to the Mayor from the Payette Lakes Water and Sewer District advising the City of their support for the sewer plant expansion planning initiated by the City. Councilman Wallace noted his recent attendance at an Ida-Or meeting concerning economic.development. An Idaho Power representative had presented a report, a copy of which he conveyed to the City Clerk. vi. Staff Reports:. A. city Administrator's Report: 1. Golf Committee Minutes of February 8th: The Committee minutes note the unpaid assessment to the Timberlost V Homeowner's Association for street maintenance in the amount of $810.00 for two years. Further, the section of Fairway Drive onto which the clubhouse driveway accesses is a private street. The Homeowner's Association is willing to dedicate these sections of the street to the City. Mr. MCCarty moved to pay the assessment and to pursue securing a deed for the section of Fairway Drive and Reedy Street to amend the plat of Timberlost V to avoid future assessments. Mr. Larson seconded and the motion carried. 2. Sewer Grouting Project: After discussion, Mr. VanKomen moved to authorize $4,700 of sewer line and manhole grouting as identified by.prior years' TV inspection. Mr. Mccarty seconded and the motion carried. 172 3. Highwater Mark Survey~ Mill ~ar~: After discussion, Mr. McCarty moved to pay'one-third of the cost of the high water mark survey through Mill Park. The remainder is to be paid by Douglas Manchester and the Idaho Department of. Lands. Mr. Wallace seconded and the motion carried unanimously. 4 . Urban Redevelopment District: The Administrator discussed the provisions of Idaho Code that permit creation of such' a district and noted the provision for revenue allocation financing. The Council requested further information. 5. Other: The written report also noted an injury of a public works crew member, Jerry Harris; rescheduling of the Golf Committee meeting to March 20th and the planning document which staff is preparing. B. city A~torBey'~ R~port: The City Attorney reported he had scheduled a meeti..ng with Attorney Farber, representing the Kalman Trust, regarding streets on the railroad right-of-way. He also reported progress on the "Jet-Ski" ordinance and advised that the Aspen Condominium Water matter would be presented at the next meeting. The Attorney also asked that the Shelton water hearing be continued. This was so ordered by the Mayo~ without objection. City Treasurer's Report: 1. The monthly financial report for the five month period ending February 28th was presented. Mr. McCarty moved to accept the report. Mr. VanKomen seconded and the motion carried. 2. Lease-Purchase/Equipment Package: Mr. Henderson presented the lease purchase options for a 3, 4, and 5 year Program to acquire a new truck, pipe pusher, sweeper, industrial mower and snowplow. West One Bank's rate was 7.92%. After discussion, Mr. VanKomen moved tha.t the entire package be lease-purchased for a five' year period. Mr. McCarty seconded and the motion carried. 3. Water/Sewer Billing: Discussion of the water rate structure related to a variety of recent appeals. Mr. Henderson suggested a new three class rate structure including commercial, trailer courts, and residential which compresses the nine class structure now in place. Ail commercial users would be metered at City cost' and the non-metered commercial user class would be eliminated. Mr. Wallace moved to direct an ordinance be drafted to adopt a three class rate structure as discussed. Mr. McCarty seconded and the motion carried. 4. Fuel Bids for Motor and Heating Fuels: Bids were received 9~rcb_ §th~ ...... ~q~.~.bi_ds on all or part of the bids were received. On Schedule ~, leaded, unleaded and diesel fuels, at 24 hour availability, one bid from Collins Oil and Supply was received. On Schedule 2, Golf Course fuel delivered on site, two bids were received; Collins oil was teh low bidder. On Schedule 3, Heating Oil, two bids were re.ceived; Collins Oil was teh low bidder. On Schedule 4, LPG, two bids were received; V-1 Oil was the low bidder. Mr. VanKomen moved to award the fuel bids for Schedules 1,2, and 3 to Collins Oil and Schedule 4 to V-i Oil. Mr. McCarty seconded and the motion carried. Mayor Allen declared a ten minute recess. VII. Old Business: prop0s~d park Parking Requirements: This matter was before the Council to allow for public comment on the proposed parking requirement for the new park. A prior recommendation from the City Planning and Zoning Commission recommended 27 spaces. Mr. Laidlaw, representing the design team, reviewed the sketches of the park design with 40, 50, and 60 parking spaces included in the design. Mayor Allen invited those attending to comment and the following persons appeared and were heard: Jim Staup Ron Ruth Devon Bowes Lance Eckhart Ed Roper Humphrey Kellogg Kay Larson Max Williamson Bob Scoles Kathy Killen Scott F~ndlay Greg Pit~enger Gary Danner Larry Lovitt Bill Killen The Mayor ordered that letters from Dan Krahn and John Crouse of Idaho Dept. of Parks and Recreation and Presented by Mr. Staup be entered in the record of this discussion and closed the period for comment. After further discussion, Mr. Larson moved to adopt the City Planning and Zoning's recommendation to include 27 parking spaces in the park design. Mr. Wallace seconded and the motion carried unanimously. B. Qrdinance 564. Second Re~din~i Ordinance 564, amending Airport Rules and Regulations, was presented and read by title. Mr. McCarty moved to adopt Ordinance 564 and Mr. Larson seconded. On a roll call vote, Councilmen McCarty, Larson, Wallace and VanKomen voted "Aye". The motion carried and the Mayor declared Ordinance 564 adopted. VIII.New Business; payette Inn Sewer Hook-Up: Mr. Laidlaw presented certain options for connecting the sewer for the new motel. A report from the Public Works Director objecting to connecting the building to the East Lake Street line.was also noted. A conceptual design named "Concept 1" by Toothman-Orton Engineering for redesign of the sewer in.the area was also reviewed. After a lengthy discussion, Mr. VanKomen moved to allow the facility to connect to the Lake Street line if the line on the rear of the property is replaced as represented at the developer's cost and that an easement for that line is granted. Mr. McCarty seconded. Further discussion clarified that the Concept i redesign would be a priority for 1991 construction. The motion carried unanimously. Planning and Zoning Fee Comparison: After brief discussion, Mr. VanKomen moved to table the matter to the next agenda. Mr. McCarty seconded and the motion carried. C. Golf Clubhouse Sewer Hook-Up Fees: Upon Receipt of a report, Mr. VanKomen moved to assess a sewer hook-up fee of $8,676.00 on the proposed Golf Clubhouse. Mrl McCarty seconded and the motion carried. 174 Do Depot Proposals: Staff reviewed proposals by Eloris Chisholm, Jon Steele, and Devon and Kevin Bowes to rehabilitate and move the old train depot. Further information on financial ability, scheduling, and willingness to place the building on the National Histo=ical Register was requested. The Mayor directed staff to make further inquiry of those making proposals and report back. Without objection, the Mayor ordered the matter placed on the next agenda. E. Traff%Q/Parking Enforcement Report: Councilman Larson requested a report on traffic and parking code problems by the Police chief at the next meeting. IX. Board, Committee & Commission Reports Re~uirinq Action: A. Joint Powers Board Meeting of February 22nd: The sewer plant board minutes recommended that the City'.address planing for expansion of the plant by requesting to be on the grant and loan priority program of the Idaho Department of Health and Welfare, and soliciting for engineering proposals to prepare an updated facility plan. Mr. McCarty moved to authorize the Mayor to take all actions necessary to proceed with updating the plant. Mr. Wallace seconded and the motion carried. Impact Planning & Zoning Commission of Feb. 26, 1990: The request by Jack Phippen for vacation of a cul de sac in Valley Rim Subdivision #2 was considered. The City Attorney advised that the Council's action on this matter was required. Mr. McCarty moved to accept the Findings of Fact and Conclusions of Law of teh Impact Planning and Zoning Commission and approve the vacation request. Mr. VanKomen seconded and the motion carried. Co Transportation Committee of February 28. 1990: Mr. McCarty moved to ask the Transportation Committee to execute the strategy outlined by the Committee for securing improvements to Highway 55. Mr. Larson seconded and the motion carried. Correspondence: The following correspondence was acknowledged and Mayor Allen agreed to respond as appropriate: . 1. "Letter from Valley County Commission re: Planning. 2. Letter from Joni Fields re: Starr Animal Shelter. 3. Letter from Dan Hormaechea re: Golf Clubhouse Foundation. XI. Information Items: The following information items were noted: 1. AIC Action Bulletins #26, 27, and 28. 2. Article submitted by Joni Fields re: Development. 3. Calendar of Events. 4. February Building Report. XII. Adjournment: At 11:50 p.m., without further business, Mr. Wallace moved to adjourn. Mr. VanKomen seconded and the motion carried. Mayor ~RTHUR ~ SC~MIbT Clerk // . 175 McCALL CITY COUNCIL SPECIAL MINUTES McCALL CITY March 15, 1990 I. Call to Order and Roll Call: At 12:00 noon, Mayor Allen called the meeting to order. Councilmen McCarty, VanKomen, Larson and Wallace answered the roll call. II. Golf COUrS~ Contract with John Drips: The purpose of the Special Call Meeting was to further consider the proposed contract between John Drips and the City for golf play management services for 1990. Mssrs. Killan and Lamb represented Mr. Drips. After reviewin..g the responses to questions posed by the Council, Mr. Wallace moved to accept the Contract as presented. Mr. McCarty seconded. On a roll call vote, Mssrs. McCarty, Wallace, and Larson voted "Aye". Mr. VanKomen voted "No". The Mayor declared the motion carried. Mr. VanKomen asked that the following excerpt from the Contract be entered into the minutes: "The Contractor shall be entitled to a management fee of $37,801 for 1990, payable one-fifth (1/5th) on June 20th, July 20th, August 20th, September 20th, and ten (10) days following the close of the season." Mr. McCarty indicated he would not object to including this section as an amendment to the motion. Mr. Wallace, the second, concurred. On a voice vote, the motion to amend carried. III. Miscellaneou~ Items: Councilman Larson reported a citizen complaint about excess speed through town by police cruisers and asked the Mayor to query the Valley County Sheriff and the Idaho State Police regarding the incident. Councilman McCarty inquired whether the Valley county building moratorium applied to the Area of city Impact. IV. Adjournment~ Without further business, Mr. Wallace moved to adjourn at 12:55 p.m. Mr. McCarty seconded and the motion carried. Mayor AR~U-R' J. ~HMIDT city Cler~ McC~LL CITY COUNCIL MINUTES March 22, 1990 Call to Order and Roll Call: Mayor Allen called the meeting to order at 7:00 p.m. Councilmen VanKomen, Wallace and Larson answered the roll call. Mr. McCarty was absent. IX. ~ The minutes of the Special Call Meeting of March 15th were, without objection, filed by order of the Chair. III. Payment of Claim~: The list of claims dated March 18th was presented. Councilman VanKomen moved to pay the claims, Mr. Wallace seconded and the motion carried. IV. Consent Calendar: The minutes of the City Planning and Zoning Commission's meeting of March 13th was the only item listed on the calendar. Without objection, the Mayor ordered those minutes filed. Mayor and Council Comments and Reports: Mayor Allen acknowledged receipt of a Certificate of Appreciation from the Central District Health department for assistance in constructing their new building. VI. Staff Reports: ae City Administrator's R~port: The written report addressed the following items: 1. Golf Clubhouse Mission Statement: A Golf Course Advisory Committee recommendation of February 8th overlooked at the prior meeting was considered. The Committee recommended that the restriction that the three "at-large,, members be residents of the City be removed and the Mission Statement amended. After discussion, the consensus was to leave the restriction in place and no action was taken. 2. Waiver of Clubhouse Building Permit: After discussion, a motion was made by Mr. VanKomen and seconded by Mr. Larson to waive the building permit and plan review fees for the new golf course clubhouse. The motion carried on a voice vote. 1 3. Street Dedication: A deed for a certain portion of Reedy and Fairway Drive from the Timberlost V Homeowners Association was presented. Mr. VanKomen moved to accept the deed, Mr. Wallace seconded and the motion carried unanimously. 4. Land Trade/Deed Restriction: To allay concerns about future conversion of the remainder of Mill Park, following the land trade, Mr. Wallace moved to direct staff to place a deed restriction holding the property in perpetuity for outdoor recreation use when the land trade is consummated. Mr. VanKomen seconded and the motion carried. 5. Waterways Grant/Park Development: The design team submitted a grant application and a plan for marina area parking improvements totaling $41,000. Mr. VanKomen moved to authorize the Mayor, staff and design team to take all actions necessary to submit the grant application. Mr. Larson seconded and the motion carried unanimously. 6. Landlords Consent and Estoppel Certificate: This document was submitted by the Snake River Cablevision to document rents paid for the antennae and head sites to the new owner. Mr. Wallace moved to authoriZe t~/~Y0r tO sign ~he agreement, Mr. Larson seconded and the motion carried unanimously. 7. Golf Course Mower Bids: One bid was received from Hillcrest Country Club for the purchase of two used hydraulically driven fairway mowers. The bid was for $28,000 or $14,000 each unit. Mr. VanKomen moved to award the bid to Hillcrest Country Club, Mr. Larson seconded and the motion carried. 8. Other: The Administrator noted that Chief Parker recently completed a six day "Command College" training event sponsored by POST and the FBI. It was also noted that the matter of Planning and Zoning Fees be scheduled to the next agenda. Be City Attorney's Report: the following items: Mr. Remaklus reported on 177 2 1. Ambulance Garage: An amended lease is being prepared for a one year lease and will be presented to the County. 2. Railroad Right-of-Way: The Attorney reported on his meeting with Randall Fredricks, attorney for the Kahlman Trust. He also noted a letter from Mr. Fredricks inviting a demand. After discussion, the Attorney was directed to respond to Mr. Fredrick's letter, to prepare a Resolution to direct the filing of litigation to quiet title to the streets and alleys within the right-of-way and to examine the assessor's records on tax payments on those lands. Without objection and with full consent of the Council, the Chair so ordered. 3. Manchester Hearing: The Attorney advised that Idaho Code requires, in the case of rezoning requests, a second hearing before the City Council. Upon that advice, Mr. Wallace moved to set the second hearing on the Manchester rezoning request for 7:30 p.m. on April 26, 1990 in the Council Chambers. Mr. Larson seconded and the motion carried unanimously. 4. Valley County Ordinance 90-1: A letter was prepared indicating that the ordinance did not apply to the City or the area of City Impact. City Treasurer's Report: 1. Mr. Henderson presented a proposal from West One Bank for interim and lease-purchase financing for the 1989-90 equipment purchases. After discussion, Mr. VanKomen moved to finance the entire $80,000 package and authorize the Mayor to sign such agreements as may be required. Mr. Larson seconded and the motion carried. 2. Resolution 3-90: The resolution authorizing the destruction of certain outdated records of the City was presented. Mr. VanKomen moved to adopt Resolution 3-90, Mr. Larson seconded and the motion carried unanimously. RESOLUTION 3-90 A RESOLUTION OF THE CITY OF MC CALL, IDAHO FINDING THAT CERTAIN RECORDS OF THE CITY HAVE BEEN RETAINED FOR THE PERIOD REQUIRED BY LAW, THAT THE RECORDS ARE NO LONGER NEEDED FOR PUBLIC PURPOSES AND AUTHORIZING THEIR DESTRUCTION. WHEREAS, the city of McCall, Idaho has created and maintained certain records in the public interest. WHEREAS, the records listed in Exhibit 'A' which is annexed hereto and a part of this resolution, have been retained for the period prescribed in Section 50-907, Idaho Code. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MC CALL, IDAHO, as follows: Section 1: That the records listed on the annexed Exhibit 'A' are no longer required for public purposes. ~ The city Clerk is hereby authorized and ordered to destroy the records identified in Exhibit 'A' in a manner and fashion appropriate to the specific documents · DATED this 22d day of March 1990. ATTEST: ty Clerk (SEAL) CITY OF MC CALL Valley County, Idaho 3. Capitalization of Snowmobile Bridge: Labor costs of $3, 924.06 are attributable to the 3 construction of this structure. The Treasurer requested that he be authorized to transfer that amount from the bond proceeds to reimburse the general fund. Mr. VanKomen moved to authorize the transfer, Mr. Wallace seconded and the motion carried. Water Master Plan Review: George Wagner, JUB Engineering, regiewed the needs for additional water supply, pipe improvements, and impacts of the golf course irrigation on the water system. Questions about ozone purification were presented and Mr. Wagner agreed to respond to the inquiry. Water Rate Study: Mr. Henderson presented the report on water rates. He outlined the assumptions of his report and identified the elements of fixed, variable, and capital costs that constitute the recommendations in the report. After discussion, Mr. Wallace moved to schedule a Special Meeting for April 2, 1990 in the American Legion Hall for public comment. Mr. Larson seconded and the motion carried. Wilde-Wolf Oil Airport Lease: The minutes of the Special Meeting of the Airport Committee of March 19th and attachments were considered. After considering both the committee's recommendation to allow the use of the S.E. corner of the airport for a fuel depot with certain conditions and the withdrawal of their earlier recommendation to locate the facility on the N.W. corner of the airport, and discussion, Mr. Wallace moved to accept the recommendation and refer the matter back to staff to negotiate a lease with Wilde-Wolfe Oil as directed by the Committee recommendations and the Council. Mr. Larson seconded and the motion carried. D. Golf Clubhouse: 1. Addendum No. 1 to the Plans and Specifications: Changes to the plans and specifications which had been forwarded to the contractors by the architects and which were the basis of the bidding were 4 presented as Addendum No. 1. Mr. Larson moved to approve Addendum No. 1, Mr. VanKomen seconded and the motion carried. 2. Award of Bid: Staff reviewed the five bids received. The low bid was approximately $75,000 over funds available. The McCall Golf Course Foundation agreed to guarantee the overage (up to $75,000) and asked that certain changes be negotiated with the contractor to minimize this exposure. Mr. VanKomen moved to award the bid to L.T. General subject to receipt of written confirmation of guarantee of the overage from the Foundation and subject to the Attorney's review of the contract documents. Mr. Larson seconded and on a voice vote, there were two "Aye" votes with Mr. Wallace voting "No". The motion carried. 3. UPRR Depot: Staff reviewed the responses to the additional questions asked about the proposals at the March 8th meeting. After lengthy discussion, Mr. Wallace moved to accept the proposal of Mr. and Mrs. Kevin Bowes for purchase of the depot for $1. 00 pursuant to the representations, schedules, and agreements made in the original proposal and subsequent submission. On a roll call vote, Mssrs. Wallace, VanKomen and Larson voted "Aye". The motion passed. 150 viii.New ~uslness: Dental Insurance Plan Renewed: Kermit Wolfe discussed converting from the Delta Dental Plan to the Blue Shield plan at some savings. Mr. Henderson noted that seven employees, now taking only dental coverage, would not be eligible for the Blue Shield plan. After discussion, Mr. Larson moved to renew the Delta Dental Policy. Mr. VanKomen seconded and the motion carried. May Hardware Dock: A new proposal to expand the marina at May Hardware was before the Council to approve as an adjacent property owner. After discussion, Mr. Larson moved to engage Kerr Surveying to determine a "line of navigation". Mr. Wallace seconded and the motion carried. Xe XI. 5 Mr. VanKomen moved to table the matter until the next meeting. Mr. Larson seconded and the motion carried. E~ergenc¥ Generator Replacement: A memo from the Public Works Director requesting an emergency replacement of the emergency generator on Mather Road near the fish hatchery was presented. After discussion, the Mayor ordered the matter returned to staff to explore cooperation with the fish hatchery, installation of telemetry including cost, an estimate of response time and the possibilities of replacing only the control system. BQard. COmm4ttee & COmmission Reports Requirin~ ~ Both the Planning and Zoning Commission Minutes of March 6th and the Airport Committee minutes of March 19th had been taken up elsewhere on the Agenda. Ce Correspondence: A letter from Clyde Rae (Candy) Kellog requesting a letter of endorsement from the City for construction of an outdoor stage on the University of Idaho McCall Field Campus was noted. With Council support, the Mayor indicated that he would draft such a letter. Mr. VanKomen moved to endorse the project, Mr. Wallace seconded and the motion carried. XII. Information Items: The following information items were noted: A® B. C. D. AIC Action Bulletins 29 and 30. Valley County Ordinance #90-1. Letter to Valley County Commission from Mayor Allen Calendar of Events. XIII.Minutes of March 15th: Mr. VanKomen requested a correction of these minutes. He asked that the minutes show that the contract provision was made a part of the original motion and the maker and second consented to that amendment. The Mayor ordered the change without objection. XIV. Adjournment: 6 I81 At 10:30 p.m., Mr. Wallace moved to adjourn, Mr. VanKomen seconded and the motion carried. JOHN~i ALDE~ v Mayor ARTHUR J. ~CHMIDT City Cler;( McCALL CITY COUNCIL MINUTES April 12, 1990 I. Call to Order and Roll Call: Mayor Allen called the meeting to order at 7:00 p.m. Councilmen McCarty, VanKomen, Wallace and Larson answered the roll call. II. Minutes: The minutes of March 8, March 22, and April 2, 1990 were presented. A correction to the March 22nd minutes was directed. Mr. Wallace moved to approve the minutes of the three meetings as corrected. Mr. Larson seconded and the motion carried. III. Payment of Claims: A list of claims dated April 9, 1990 was presented and reviewed. Mr. VanKomen moved to pay the claims, Mr. McCarty seconded and the motion carried unanimously. IV. Consent Calendar: The following items were listed on the calendar: Impact Planning & Zoning Minutes of 3-26-90. Airport Advisory Committee Minutes of 4-4-90. Golf Course Committee Minutes of 3-20-90. Without objection, the Mayor ordered these minutes filed. V. Mayor & Council Comments & Reports: ae Mayor Allen noted a letter from EPA regarding the January sewer spill into the Payette River. Mr. Wallace advised the Council that Dave Olson, Public Information Officer for the Payette National Forest, was available to discuss the campground closure issue. VI. Staff Reports: 182 A. City Administrator's Report: 1. Golf Clubhouse Contract: Prior action on the award to L.T. General, Inc. addressed only the base bid. After discussion, Mr. VanKomen moved to approve the Golf Clubhouse Contract to L.T. General for $663,450.00, i.e., the base bid of $749,900.00 less Deduct Alternates 1,2,3,6, and 7 and plus Add Alternate #3. Mr. Wallace seconded and the motion carried. 2. Clubhouse Construction Issues: Staff suggested authorizing the City Administrator to sign pay requests except for the final pay estimate, and to authorize deductive change orders to expedite this project. Mr. McCarty moved to so authorize the Administrator. Mr. Larson seconded and the motion carried. The Council also indicated their willingness to call special meetings if problems occurred which delayed construction progress. 3. Mill Park, Deed: Staff reported that Mr. Duffner, Idaho State Lands, had been in contact and offered to provide the City with a deed to the fill area below the original high water mark, with a reservation that if the property was ever removed from public use, it would revert to the State. Cost was quoted at $250.00 plus survey costs. Mr. VanKomen moved to advise the Department of Lands of the City's active interest in receiving this deed. Mr. Wallace seconded and the motion carried unanimously. 4. Other: The status of the land trade, a lakefront cleanup project by the Boy Scouts on May 12th, and the execution of the Golf Operation Contract were noted in the written report. B. City Attorney's Report: 1. Resolution 3-90: This resolution authorizes the City Attorney to file an action to resolve the question of ownership of certain streets and alleys lying within the abandoned UPRR right-of-way. Mr. VanKomen moved to adopt Resolution 3-90. Mr. RESOLUTION 3-90 A RESOLUTION OF THE CITY OF MC CALL, IDAHO FINDING THAT CERTAIN RECORDS OF THE CITY HAVE BEEN RETAINED FOR THE PERIOD REQUIRED BY LAW, THAT THE RECORDS ARE NO LONGER NEEDED FOR PUBLIC PURPOSES A~D AUTHORIZING THEIR DESTRUCTION. WHEREAS, the City of McCall, Idaho has created and maintained certain records in the public interest. WHEREAS, the records listed in Exhibit 'A' which is annexed hereto and a part of this resolution, have been retained for the period prescribed in Section 50-907, Idaho Code. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MC CALL, IDAHO, as follows: Section 1[ That the records listed on the annexed Exhibit 'A' are no longer required for public purposes. ~ The City Clerk is hereby authorized and ordered to destroy the records identified in Exhibit 'A' in a manner and fashion appropriate to the specific documents. DATED this 22d day of March 1990. '' <C~y Clerk (S E A L) CITY OF MC CALL Valley County, Idaho Ce Wallace seconded and on a roll call vote, Mssrs. VanKomen, Wallace, McCarty and Larson voted "Aye". The Mayor declared the Resolution adopted. City TreasUrer, s Report: 1. Quarterly Report: The financial report for the period ending March 31, 1990, was presented. Mr. VanKomen moved to approve the report and authorize publication. Mr. McCarty seconded and the motion carried. 2. Equipment Lease-Purchase Package: a) Golf Equipment: The Lease-Purchase Agreement with West One Bank to acquire two used Toro 350-D Fairway mowers, totaling $28,000.00 over a five year period at an interest rate of 8.03%, payable in annual installments of $6,166.10 was presented. Mr. McCarty moved to approve the agreement and authorize the Mayor to sign. The motion was seconded by Mr. VanKomen, and carried unanimously. 183 b) Other Equipment: The Treasurer reported the availability of a seven year program for the general fund equipment package. With Council consent, the Mayor directed the Treasurer to secure seven year financing on these acquisitions. 3. Cash Resister: The need for a larger cash register to better account for golf activities was discussed. The Treasurer proposed to purchase the existing register from Water/Sewer funds for the City Hall reception desk from the Golf Fund. Mr. VanKomen moved to authorize the purchase, Mr. McCarty seconded and on a voice vote the motion passed unanimously. VIII.New Business Item: With Council consent, the Mayor moved the agenda to accommodate a group from the Chamber who were attending: Item C: Street Closure/Open Container Ordinance: Larry Bouck presented the Chamber's request to close a portion of Lenora St. between 1st and 2nd Streets. After discussion, Mr. VanKomen moved to endorse the concept and. ask City staff to explore the City's liability, Insurance requirements, and fire access 3 issues; then to outline a procedure to enable the event to occur. Mr. Larson seconded and on a roll call vote, Mssrs. VanKomen, Larson and McCarty voted "Aye", Mr. Wallace voted "Nay", and Mayor Allen declared the motion carried. VII. Old Business: Mayor Allen returned to the published order of business. ae Planning & Zoning Fee AdjustmeBt$: After review and discussion, the following adjustments were recommended-. 184 Ce Special Use Permit Variance Sign Permits Subdivisions: Preliminary Final Rezoning Vacate Right-of-Way Vacate Easement Vacate Plat $100.00 $100.00 $ 25.o0 $ 75.00+5.00/lot 75.00+5.00/lot $100.00 $1oo.oo $100.00 $100.00 Mailing Fees $ 1.00/letter Mr. Larson moved to adopt this new fee schedule and direct the City Attorney to prepare a Resolution and Ordinance Amendment to effect the fee changes. Mr. Wallace seconded and the motion carried. Emergency G~nerator; Public Works Director, Larry Chalfant, presented his further report on replacement or repair of the malfunctioning generator. He had not secured information on radio based alarm systems. Mr. Wallace moved to table the issue to the April 26th agenda when that information would be considered. Mr. VanKomen seconded and the motion carried. May Hardware Dock Application; Mr. Kerr reported on his work to determine a "dock limit line". After questions and comments, Mr. McCarty moved to adopt the line as illustrated and request Kerr Surveying to describe this line. Mr. Larson seconded and on a roll call vote, Mssrs. McCarty, Wallace, Larson and VanKomen voted "Aye". Et Ge 4 A motion by Mr. VanKomen, seconded by Mr. McCarty, to approve the May Hardware Request was, after discussion, withdrawn as was the second. Mr. VanKomen moved to permit Mr. Fereday to build 400' from the shoreline, subject to the "Dock Limit Line" previously adopted. Mr. Wallace seconded and the motion carried unanimously. Mr. Fereday advised that a new plan would be required and the City asked that the new plan show the City's riparian and littoral rights upon which the dock would encroach. Mr. McCarty then moved to annex the permitted 1,320' into Payette Lake, adjacent to the City which has not been annexed to date. Kerr Surveying would describe this area. Mr. VanKomen seconded and the motion passed unanimously. Work Order NO. 15, Toothman-Orton Engineering: A work order for engineering services of $1,250 for supervision of the manhole and line grouting work was presented. Mr. Wallace moved to approve the work order, Mr. VanKomen seconded and the motion carried. State Aeronautics Grant, .UNICOM Radio: A letter from the State Aeronautics Division indicating award of a grant for $750.00 and a trade in credit of $200.00 was presented. Mr. McCarty moved to authorize purchase of the new radio, Mr. Larson seconded and the motion carried. Gentry Park Property: A letter from Attorney Killen and a License Agreement was reviewed and taken under advisement. Council asked staff to respond to Mr. Killen's letter. Kuhn Claim:. The Mayor directed this matter be the subject of an executive session at the conclusion of the agenda. VIII.New Business: ae Traffic/Parking Issues Report by Chief Parker: Chief Parker's report was presented and reviewed. The conclusion was that downtown parking will be remarked to confo~m~:~o State and, City code. 185 IX. Xe Be 5 The Council asked that creating parking on Railroad Street and at the depot site be referred to the Transportation Committee. Notice. of Claim: Ernie Ravello's claim regarding snow plowing damage to a vehicle was acknowledged and with concurrence of the Council referred to the insurance carrier and the City Attorney by Mayor Allen. AW0S Operating Agreement: An agreement from FAA to operate the AWOS pursuant to FAA requirements was reviewed. Mr. McCarty moved to approve the agreement and authorize the Mayor to sign. Mr. Wallace seconded and the motion carried. Request for HearinG, L.A. Lammerman: Without objection, a hearing was set for May 10, 1990 at 7:30 p.m. to hear the matter. Correspondence: ae Letters from Idaho State Police and Sheriff Pratt: These responses to concerns about high speed travel through the City were noted. The Mayor agreed to thank them for their concern. Be Letter from R.A.. Smith: This complaint regarding Dethman's "Pebble Beach" trailer park was noted. A memo from the Fire Chief to the City Administrator confirmed the existence of a fire hazard. The Council directed the staff to enforce the fire code as applicable to this case. Letter from Chamber of Comserce re: USFS Campground Closings: After discussion, Mr. VanKomen moved to authorize the Mayor to write Senator McClure and encourage fee increases that would make the facilities self sufficient and enable them to re-open this season. Mr. Larson seconded and the motion carried. De Letter from R. Hormaechea, Golf Foundation: letter was noted. This Executive Session: Mr. McCarty moved to recess to Executive Session pursuant to Idaho Code 67-2345(f) to discuss probable 6 litigation. Mr. Wallace seconded. On roll call vote, Mssrs. McCarty, Larson, Wallace and VanKomen voted "Aye". The Mayor declared the meeting in Executive Session at 10:30 p.m. At 10:40 p.m., the Council returned to open session. The issue discussed was the Ken Kuhn Conservatory claim. Mr. VanKomen moved to deny the claim. Mr. Larson seconded and the motion carried. XI. Adjournment: At 10:47 p.m., Mr. Wallace moved to adjourn. VanKomen seconded and the motion carried. Clerk ~ Mr. McCALL CITY COUNCIL MINUTES April 26, 1990 I. Call to Order and Roll Call: Mayor Allen called the meeting to order at 7:00 p.m. Councilmen McCarty, Wallace and Larson answered the roll call. Mr. VanKomen was absent. II. Minutes~ The minutes of April 12, 1990 were considered. Mr. Wallace moved to approve the minutes, Mr. McCarty seconded and the motion carried. III. Payment of Claims: 7 A list of claims dated April 23rd was considered. Mr. McCarty moved to approve the claims, Mr. Wallace seconded and the motion carried. IV. Consent Calendar: Without objection, the Mayor ordered the minutes of the Library Board of April 17th, the Transportation Committee of April llth, and the City Planning and Zoning Commission of March 27th filed. V. Mayor and Council Comments and Reports: ae Mayor Allen reported that he had proclaimed Joy Allen Woods Day to honor her 100th birthday. Be Councilman Larson presented a petition requesting that the proposed course layout be further considered. With the consent of the Council, Mayor Allen referred the matter to the Golf Committee. VI. Staff Reports: City Administrator's Report: The written report noted the extension of the review period for the draft EIS for Valbois and the status of the County airport levy. A matter of a water connection fee for Mike Eckhart, 311 Burns Road, was referred to the City Attorney. The Administrator requested action to bind the City's insurance until the Council can review it on May 10th. Mr. McCarty moved to keep current coverages in force until the Council can consider the matter. Mr. Larson seconded and the motion carried. With only nine operating holes, Mr. Drips has proposed a discounted rate of $9.00 for eighteen holes until the rest of the course is playable. Mr. Larson moved to approve the rate adjustment. Mr. McCarty seconded and the motion carried. City Attorney Report: Gentry Easement: Mrs. Gentry appeared and read a statement regarding her parcel within the proposed park. The statement indicated her willingness to negotiate a sale of the parcel. Mr. McCarty moved to direct staff to secure an MIA appraisal on the subject parcel. Mr. Wallace seconded and the motion carried. VII. Old Business: Water System Master Plan: George Wagner of JUB Engineering discussed the issue of treatment of lake water, the golf irrigation issue, and other matters pertaining to the Master Plan. After a lengthy discussion, Mr. Wallace moved to authorize a work order of not to exceed $5,500.00 with JUB to further analyze treatment alternatives. Mr. La~son seconded and the motion carried. B e Emergency Generator, Station #7: Public Works Director Larry Chalfant appeared to further discuss the emergency power problems at the station. He presented his findings on the cost of radio warning devices. After discussion, Mr. Wallace moved to authorize purchase of a radio warning system for this station and insulation, heat and other building improvements for the station. Mr. McCarty seconded and the motion carried. Ce Park Project Work Orders: 1. Work Order No. 1 for $2,370.00 to prepare the environmental review for the Park Conversion was considered. Mr. McCarty moved to approve Work Order No. 1 with Jensen-Belts Associates, Mr. Larson seconded and the motion carried. 2. Work Order No. 2 for $1,949.00 to prepare the Waterways Grant Application was presented. Mr. McCarty moved to approve Work Order No. 2 with Jensen-Belts Associates, Mr. Larson seconded and the motion carried. De Final Report, Airport Improvement Project for 1988: The Engineer's Final Report was presented. The Engineer recommended application for a grant amendment in the amount of $7,251.55. Mr. Wallace moved to accept the Engineer's Final Report and direct staff to request a grant amendment from the FAA for· the amount stated. Mr. McCarty seconded and the motion carried. Golf Clubhouse Project: 1. Pay Request No. 1, L.T. General: Mr. Laidlaw presented the pay request for $128,487.00. He adjusted the amount to $102,363. After discussion, Mr. McCarty moved to approve the pay request for $102,363. Mr. Larson seconded and the motion carried. 2. Electrical Power: A work order for permanent power for $6,777.00 was presented and discussed. Mr. McCarty moved to authorize the payment. Mr. Larson seconded and the motion carried. 3. Progress Reports: The Council noted reports on the foundation repair and rehabilitation work and on construction to date. 187 188 4. Change Order No. 1: The net change was a reduction of $10,245.00 from the contract amount for a variety of items. Mr. Laidlaw has reviewed these with the Golf Committee. Mr. McCarty moved to approve Change Order No. 1 with L.T. General. Mr. Larson seconded and the motion carried. VIII.New Business: ae Urban Redevelopment Authority: Attorney Millemann presented a proposal from Douglas Manchester to pay costs of an Urban Redevelopment Plan and Economic Analysis for such a district to ensure acquisition of the UPRR right-of-way through that technique. In this plan, the City would create the district, the Council act as the Redevelopment Board IX. initially, and assure responsibility for construction estimates of the roadway, sewer and parking facilities as specified in the plan. After a lengthy discussion, Mr. Wallace moved to direct the City Attorney to prepare the Resolution of Necessity and an Ordinance setting out the Council as the Redevelopment Board. Mr. McCarty seconded and on a roll call vote, Mssrs. Wallace, McCarty and Larson voted "Aye". The Mayor declared the motion passed. Board, Committee & Commission Reports Requiring Action: City Planning & Zoning minutes of April 3rd: Candlewood Condominium Project: After discussion and review of the project and the Commission's actions, Mr. McCarty moved to confirm the actions of the Planning and Zoning Commission on April 3, 1990, i.e., that the project is a minor change in the P.U.D. and approve those plans as presented. Mr. Wallace seconded and the motion carried. Be City Planning & Zoning Commission minutes of March 20th: Knowles Subdivision: After a discussion of the procedural issues, Mr. McCarty moved to refer the matter to the City Attorney to determine if a waiver of the procedural defect would cure, and to reschedule the matter to the next meeting or schedule and notice a hearing as his advice determines. Ce City Planning & Zoning Commission minutes of April 17th: Timberlost VI: The Council considered the Commission's actions regarding approval of the preliminary plat for Timberlost VI. The Council noted the need for certain City water main improvements, all listed on the Water System Master Plan, Phase II, project list. In order for the project to proceed, these improvements must be undertaken. After discussion, Mr. Larson moved to schedule Wooley Street, Ponderosa Street, and Reedy Street water main replacements as priorities for the City. Mr. Wallace seconded and the motion carried. The minutes of the meeting were filed. Council action on the subdivision will occur when the final plat is filed. Correspondence: Mr. Wallace moved that the correspondence from Mr. Kellogg, the Advocate, and the State of Idaho be filed. Mr. McCarty seconded and the motion carried. XI. Old Business (Continued]: 189' Ordinance 565: Setting new fees for certain Planning and Zoning actions within the City. AN ORDINiU{CE RELATING T~ CIq~ PLANNING AND ZONING; AMENDING SECTION 3-i9-8 OF THE VILLAGE CODE OF McCALL, IDAHO, TO PROVIDE FOR PAY;~NT OF FEES AND TO PROVIDE FOR ESTABLISHMENT OF FEES; AMENDING CHAPTER t6 OF TITLE III OF THE VILLAGE CODE OF McCALL, IDAHO, BY q%IE ADDITION OF A NEW SECTION 3-16-6 OF THE VILLAGE CODE OF McCALL, IDAIIO, TO PROVIDE FOR PAYMENT OF FEES AND TO PROVIDE FOR ESTABLISHI~NT OF FEES; AU~NDING CHAPTER 22 OF TI~E III OF ~ VILLAGE CODE OF McCALL, IDAHO, BY ~ ADDITION OF A NEW SECTION 3-22-8 OF ~ VILLAGE CODE OF McCALL, IDAHO, TO PROVIDE FOR PAYMENT OF FEES AND TO PROVIDE FOR ESTABLISHmeNT OF FEES; Afn~NDING CHAPTER 23 OF TIq%E III OF ~ VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION OF A NEW SECTION 3-23-4 OF THE VILLAGE CODE OF McCALL, IDAHO, TO PROVIDE FOR PAY~IENT OF FEES AND TO PROVIDE FOR ESTABLISHMENT OF FEES; A~NDING SECTION 3-24-2 OF THE VILLAGE CODE OF McCALL, IDAHO, TO PROVIDE FOR PAYI~ENT OF FEES FOR APPLICATIONS AND TO PROVIDE FOR ESTABLISHMENT OF SUCH FEES; AND AMENDING SECTION 3-25-4 OF THE VILLAGE CODE OF McCALL, IDAHO, TO PROVIDE FOR PAY~NT OF FEES FOR APPLICATIONS UNDER AND TO PROVIDE FOR ESTABLISHmeNT OF FEES. BE IT ORDAINED BY ~ MAYOR AND COUNCIL OF ~ CI~%' OF McCALL, IDAHO, AS FOLLOWS: Sectlgr~ 1. q~nat Section 3-19-8 of the Village Code of McCall, Idaho, be, and the sams is hereby amended to read as follows: 3-19-8: PERMITS AND FEES: (A) Permit Requirements. t, No sign shall be erected, altered or relocated without a permit issued by the Building Inspector. 2. Where electrical permits are required, they shall be obtained at the same time as the sign permit. (B) Applications. The permit application shall contain the location of the sign structure, the name and address of the sign owner and of the sign erector, drawings showing the design and location of the sign and such other pertinent information as the building official may require to insure compliance with the ordi- nances of the City. (C) Fees. Fees for sign permits shall be bald bt' aoollcant at the time of aDDlication. Fees shall be in accordance w$%h fee schedule established periodically as fixed from time to time by the City Council bv resolutton~ (D) Nullification. A sign permit shall become null and void if the work for which the permit %res issued has not begun within a .... period of one hundred twenty (120) days from the date o£ the permit. Section 2. That Chapter 16 of Title III of the Village Code of McCall, Idaho, be, and the same is hereby amended by the addition of a NEW SECTION to be known and designated as Section 3-16-6 of the Villlage Code of McCall, Idaho, and to read as follows: 3-16-6: FEES. Fees shall be paid by applicant at the time of filing an application under the provisions of this chapter. Fees shell be in accordance with a fee schedule established periodically by the City Council by resolution. Sectio~ 3. That Chapter 22 of Title III of the Village Code of McCall, Idaho, be, end the same is hereby emended by the addition thereto of e NEW SECTION to be known and designated as Section 3-22-8 o! the Village Code of McCall, Idaho, and to read as follows: 3-22-8: FEES. Fees shall be paid by applicant et the time of filing an application under the provisions of this chapter. Fees shall be in accordance with a fee schedule established periodically by the City Council by resolution. Section 4, That Chapter 23 of Title III of the Village Code of McCall, Idaho, be, end the same is hereby emended by the addition thereto of a NEW SECTION to be known and designated as Section 3-23-4 of the Vllllage Cede of McCall, Idaho, and to read as follows: 3-23-4: FEES. Fees shall be paid by applicant at the time o! filing en application under the provisions of this chapter. Fees shall be in accordance with a fee schedule established periodically by the City Council by resolution. Section 5, ~aet Section 3-24-2 of the Vllllege Cede of McCall, Idaho, be, and .the same is hereby emended to read as follows: 3-24-2: NOTICE OF PUBLIC }{EARING: Upon receipt of the application for amendment to the Zoning Ordinance, reclassification of a zoning district, variance, special use permit or en appeal, the Planning Commission shall hold at least one public hearing on each application. The date for such public hearing shall be fired by the Planning Commission within a reasonable time and in no case shell the date set be later than forty (40) dys after the receipt of the application and all necessary documents pertinent thereto. (A) The Planning Commission shall give at least fifteen (15) '1'90 days' prior notice to the public in a newspaper of general circulation in Valley County. Notice shall also be made available to all radio stations wlthln the County for use as a public service announcement. (B) Notice shall also be given by regular U.S. mail or personal delivery to each property owner whose name and address appears on the list accompanying such application and all others es required by State law to be entitled to notice. The notice shell give the date, time and place of the hearing, the name(s) of the applicant(s), the relief sought, an identification of the subject property, and such other facts as may be prescribed by the Planning Commission. ~ 'each epp~ce~ion f-e~ p~l-i~c -hea-ri~ ee~d en ~ ~-l-1 shel~ be paid by ~ applicant ~f~rr a~ cas% et the time O~ flll~ en e~licetion ~er the erovlslons of this c~oter. ~ees s~ll be in ecc0rdence with · ~ee schedule e~tebllshed oeriodlcellv b~ the City Co,oil by resolution. NO~ Most heering~ on Variance, Notification of Action, ~e~ments to Comprehensive Plan, Zoni~ Reclassification ~exation re~lre heerl~ by both the Zont~ Co~lssion a~ the City Co,oil, thus two (2) fili~ fees e~ postage e~ p~lication fees are re,ired. Sectto~ 6. ~t Section ~-25-4 of the Village Code of McCall, Idaho, be, e~ the same is hereby emoted to read es follows: 3-25-4~ CO~S OF ~PLICATION: Applicants for sine,merits the Comprehensive Plan a~/or reclassification of zonl~ districts s~ll contain at least the followi:~ lnfor~tion~ (A) Name~ address a~ phone n~er of applicant. (B) Proposed eme~i~ ordi~nce, approved as to form by the City Co,oil. (C) Present le~ use. (D) Present zonl~ district.. (E) Proposed use. (F) Proposed zoni~ district. (G) A vicinity map et e scale to sufficiently illustrate the property In ~estion end surro~i~ properties, roads e~ ~eogrephlcel features e~ lncl~l~ the 1. North arrow. 2. Scale. Names of adjacent property owners on the respective parcels. 4. Existing end proposed zoning. 5. Other items as the Commission may require. (H) A list of ell property owners end their mailing addresses who are within three hundred feet (300') of the external boundaries of the le~ being considered. (I) A statement on how the proposed changes relate to the Comprehensive Plan, availability of public facilities end compatibility with the surrounding area. (J) A [~ee~ w~ ~n~/-eech shall be ~aid by e~licant et the time o£ fillnc en application e~-~e~>r~ ~n ~ee~en 3~ .under the orovision~ of this chaoter. Fees be in accordance with e fee schedule established eeriodicellv ~he City Council by resolution. Passed end approved this .c~day of April, 1990. Attest~~ . City Cler~/ O_ yor © Mr. Wallace moved to suspend the rule requiring an Ordinance to be read on three separate occasions. Mr. Larson seconded and on a roll call vote, Mssrs. McCarty, Wallace and Larson voted "Aye". The Mayor declared the rule suspended. Mr. McCarty moved to adopt Ordinance 565 . Mr. Wallace seconded. On a roll call vote, Mssrs. McCarty, Wallace, and Larson voted "Aye". The Mayor declared the Ordinance adopted. Ordinance 566: Setting new fees for certain Planning and Zoning actions in the area of City Impact. 191 ORDINANCE NO. ~EORDI~ANCE RELATmG ~ ~INO AND z0~,~ ~.'~ A OF CI~ II~T: ~ING C~R 2 OF TI~E IIIA 0F ~ILLAGE CODE OF McC~L, ID~, BY ~ ~DITION OF A ~W SE~ION 3A-2-6 OF ~ VILLAGE CODE OF ~cC~L. ID~O, ~ PROVIDE FOR PA~ OF FEES FOR ~PLICATIONS FOR C~GES, REZO~S, CO~ITION~ USE PERMITS. V~I~CES. CO~RE~NSI~ PL~ C~GES, ~PE~S, ~ O~R PERMIt; ~ ~ING SE~ION 3A-20-2 OF ~ VILLAGE CODE OF McC~L, ID~O, ~ ELIMINA~ A REFERENCE ~ FEES ~REIN. BE IT ORDAI~D BY ~ I~YOR ~ CO~CIL OF ~ CI~ McC~L, IDAC, AS FOLLOWS: Section 1~ ~t C~pter 2 of Title Ilia of the Villm~ Code of McCall, Idaho, be. a~ the same is hereby amazed by the addition of a ~W SECTION to bs kno~ a~ desig~t~d as Section 3A-2-6 of the Village Code of McCall, Idaho, a~ to read as [ollows: 3A-2-6: FEE SC~D~E FOR ~PLICATIONS FOR REZO~, CO~ITION~ USE PERMITS, V~I~CES, CO~RE~NSI~ PL~ C~GES, ~PE~S, O~R PERMITS: Fees s~ll be paid by the applicant at the time fili~ an application. Fees s~ll be in accordancs with a schedule established p~riodically by the Co~cll by resolution. ~ectlon Z. ~t Section 3A-20-2 of the Village Code of McCall, Idaho, be, a~ th~ smm~ ls hereby ~me~ed to read ~s follows: 3A-20-2: NOTICE OF P~LIC ~ING: Upon recsipt of the application for ame~ment to the Zoni~ Ordi~nce, reclassification of a zoni~ district, ~riancs, spscial use permit or an appeal, the Pla~lng Co~lsslon s~ll hold at least one p~lic he~ri~ on each ~pplication. ~e data for such p~lic hearl~ s~ll be fixed by the Pla~l~ Co~ission within a reaso~ble tiros a~ in no case s~ll th~ date set be later t~n forty (40) days after the receipt of the application a~ all n~csssary doc~nts pertinent thereto. (A) ~e Pl~i~ Co~ission s~ll give at least fifteen (15) days' prior notice to the p~llc In a newspaper of ~ener~l cicrulation in Valley Co~ty. Notics s~ll also be ~d~ a~ilabls to all radio stations within the Cowry for use as a p~llc service ~o~cement. (B) Notice s~ll also be given by regular U.S. ~il or perso~l delivery to each property o~er whose ~me a~ address appears on the list accompanyi~ such application a~ all others as re,ired by Stats law to be entitled to notice. ~e notice s~ll ~ivs the d~te, time a~ place of the heari~, the ~me(s) the applicant(s), the relief so,bt, an l~entific~tlon of the s~Ject property, a~ such other facts as ~y be prescribed by the Pla~l~ Co~ission. ~: Mo~t hearl~ on Wr1~nce, Notification of Action. ~e~ments to Comprehensive Plan, Zonl~ Reclassification ~ ~exation re,ire hearl~ by both the Pla~l~ a~ Zoni~ Co~ission a~ the B~rd of Cowry Comissioners, thus two (2) fili~ fee~ a~ postage a~ p~lication fees are re~lr~. Passed a~ approved this ~day of April, 1990. Atte~: City Cl~k Mr. Wallace moved to suspend the rule requiring the ordinance to be read on three separate occasions. Mr. McCarty seconded and on a roll call vote, Mssrs. Wallace, McCarty and Larson voted "Aye". The rule 'was suspended. Mr. Wallace moved to adopt Ordinance 566. Mr. Larson seconded and on a roll call vote, Mssrs. Wallace, Larson and McCarty voted "Aye". The Mayor declared the Ordinance adopted. Resolution 5-90: Adopting certain fees for Planning and Zoning actions. 192 A RESOLUTION RELATED TO PLANHING A~) ZONING; ESTABLISHING FEES FOR APPLICATIONS FOR ACTION BY ~SKE McCALL PLANNING AND ZONING COMMISSION, THE McCALL AREA OF CITY IMPACT PLANNING A}~) ZONING CO~HIISSION AND THE McCALL CIq~f COUNCIL, UNDER TITLES III AND IliA OF THE VILLAG£ CODE OF McCALL, IDAHO. BE IT RESOLVED by the Mayor and Council of the City of McCall, Idaho, aD folows~ Section 1, That the following fees are hereby established for applications made for action by the McCall Planning and Zoning Commission, the McCall Area of City Impact Planning and Zoning Commission and the McCall Clty Council, under the provisions of Titles III and IIIA of the Villlage Code of McCall, Idaho: Special Use Permit $100.00 Variance 100.00 Sign Permits 25.00 Subdivisions: Preliminary 75.00+5.00/lot Final 75.00+5.00/lot Rezoning 100.00 Vacate Right-of-Way 100.00 Vacate Easement 100.00 Vacate Plat 100.00 Mailing Fees 1.00/letter Publication Fees Publisher's fees Dated this ~'~'~day of ~--~, 1990. Mayor~ Attest: City C1 e~,~ Mr. Larson moved to adopt Wallace seconded and on a Larson, Wallace and McCarty Allen declared Resolution 5-90 Resolution 5-90. Mr. roll call vote, Mssrs. voted "Aye". Mayor adopted. XII. Executive Session: Mr. McCarty moved to adjourn to Executive Session pursuant to Idaho Code 67-2345(b) to consider the evaluation, dismissal, or disciplining of...a public officer or employee. Mr. Larson seconded and on a roll call vote, Mssrs. McCarty, Larson and Wallace voted "Aye". The Executive Session convened at 10:40 p.m. and adjourned at 11:00 p.m. Mayor Allen declared that a personnel matter had been discussed and no actions had been taken by the Council. XII. Other: The City Attorney asked that he be authorized to consult with Mike Moore as outside counsel on the railroad right of way suit. Mr. Wallace moved to authorize the attorney as requested. Mr. McCarty seconded and the motion carried. XIV. Adjournment- At 11:03 moved to carried. p.m., without further business, Mr. Wallace adjourn, Mr. Larson seconded, and the motion Mayor ARTHUR J/SCHMIDT clerk / McCAT.L CITY COUNCIL SPECIAL CALL May 8, 1990, 7:00 p.m. Call to Order and Roll Call:Mayor Allen called the meeting to order at 7:00 p.m. Councilmen McCarty, VanKomen, Larson and Wallace answered the roll call. 193 II. Executive Session: The Mayor announced the purpose of the call which was to conduct an executive session pursuant to Idaho Code 67-2345, subsection (b) "...for the purposes of considering the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against a public officer..." City Attorney Remaklus inquired whether the meeting was properly noticed. It was reported that the notice, signed by the Mayor and Council, had been posted in the City Hall, city Library, Post office and the Star News. Such notice is a part of the City files on the meeting. Mr. McCarty moved to recess to executive session pursuant to Idaho Code 67-2345(b). Mr. Wallace seconded and on a roll call vote, Councilmen McCarty, Wallace, Larson and VanKomen voted "Aye". The executive session commenced at 7:07 p.m. The Council returned to open session at 9:45 p.m. Mayor Allen announced that during the session, the Council had heard complaints of certain employees. A list of those complaints will be prepared and the City Administrator will be asked to respond to those comments. The City Administrator asked that the record show that he had been instructed to leave the session, however that by doing so, he waived no rights. III. Adjournment: At 9:47 p.m. without further business, Mr. VanKomen moved to adjourn. motion carried. Mayor Mr. Wallace seconded and the Clerk / McCAT.T. CITY COUNCIL MINUTES May 10, 1990 I. Call to Order and Roll Call: Mayor Allen called the meeting to order at 7:00 p.m. Councilmen McCarty, Wallace, VanKomen and Larson answered the roll call. II. Minutes: The minutes of April 26th were presented. Without objection, the Mayor ordered the minutes filed as presented. III. Payment of Claims: A list of claims dated May 3, 1990 was reviewed. Mr. Wallace moved to authorize payment of the claims, Mr. VanKomen seconded and the motion carried unanimously. IV. Consent Calendar: 194 Vo VI. The following items were listed on the Calendar: - Joint Planning & Zoning Meeting of 4-30-90 - Beer License, John Drips - Golf Advisory Committee Minutes of 4-10-90 Mr. VanKomen mo~co, nsent calendar, Mr. Wallace seconds.d_ a~~motio_n_ca .~~ Mayor and Council Comm~_tNs and Re_ports: A. Proclamation, "Buck~Up Anemica'': ~or Allen proclaimed May 21-28, ~0 as "Bu_c.kle U~America" week to promote the use o_~_e.at belt.s'~ B. Mayor Alle~d W~tem_a_n _t_o serv~ on the Golf Advisor~Com. mittee. _ M~_ .V.anKomen ~o. ved to ~enfmior~iotnh%a~/ri~.tment, Mr. ~ce seTded and Staff ReDol~cS: X i. ,,G~4~,Clubhouse/D~mp Truck Lease: The A~6inistra~ requested ~proval of leasing two ~ity dump t~cks to L..T~ General, the Golf ~lubhouse contr~tor. This %kction is required to meet the projed~ schedule ~nd limit traffic conflicts betwe golfers ~d construction ~quipment. Mr. ;~, moved ~ authorize the ace and to di staff to ~[evelop proper and ent to the General Fund for he use of two City imp trucks on the project. -. Larson seconded the motion carried. 2 Th. ac auth to t~ Land Trade: (a) ,-Manchester Agreement: closing date of th. trade referenced in the will not be Mr. Wallace moved to 'ze the City Attorney to work with Attorney to modify the reement and present such ~nt to the Cit Council. Mr. McCarty and value 7lausz be included in the After discusr~on~ ' ~ · ~imous i L ,~ Forest/~'~ ~¢~ ~'~ ~= ~ ce,,, I~,qi)rovements: Administrator noted the provision of the p.'oject agreement which requires the developer to staff to request payment ur ~nr~ smut based on Council's dete~inations of line i~provements which will serve the project. (d) FY 1990 Waterways Improvement Grant: An oOmortu~!ty to exte.n.d e. he ¢,raDt for one !,e~,r was described. Mr. VanKomen moved to direct staff to request a one year extension on the grant. Mr. McCarty seconded and the motion carried. IV. VI. Consent Calendar:. . The following items were listed on the Calendar: - Joint Planning & zoning Meeting of 4-30-90 - Beer License, Jghn~Drips - Golf AdviSOry d6~{ee~Mi~u{es °f 4-10-90 Mr. VanKomen moved to approve the consent calendar, Mr. Wallace seconded and the motion carried. Mayor and Council Conents and Reports~ A. Proclamation, "Buckle Up America": Mayor Allen proclaimed May 21-28, 1990 as "Buckle Up America" week to promote the use of seat belts. B. Mayor Allen nominated Ted Whiteman to serve on the Golf Advisory Committee. Mr. VanKomen moved to confirm the appointment, Mr. Wallace seconded and the motion carried. St~ff Reports: A. City Administrator's Report: i. Golf Clubhouse/Dump Truck Lease: The Administrator requested approval of leasing two city dump trucks to L.T. General, the Golf Clubhouse contractor. This action is required to meet the project schedule and limit traffic conflicts between golfers and construction equipment. Mr. McCarty moved to authorize the lease and to direct staff to develop proper documentation and payment to the General Fund for the use of two City dump trucks on the project. Mr. Larson seconded and the motion carried. 2. Land Trade: (a) city-Manchester Agreement: The closing date of the trade referenced in the agreement will not be met. Mr. Wallace moved to authorize the City Attorney to work with Attorney Millemann to modify the agreement and present such amendment to the City Council. Mr. McCarty seconded and the motion carried. (b) Amendment of conversion application: The Administrator reported the conversion application was delivered to the Idaho Department of Parks and Recreation and National Park Service on May 2nd. Results of that subsequent discussion are that additional land and value must be included in the proposal. After discussion, Mr. Wallace moved to amend the conversion application to include those parcels constituting the rail road right-of-way between 3rd Street and Dienhard Lane and authorize the City Administrator to secure title reports and preliminary title policies, appraisals, and an environmental assessment and maps and other actions as may be required to complete the amendment. Mr. McCarty seconded and the motion carried unanimously. (c) Whispering Forest/Water System Improvements: The Administrator noted the provision of the project agreement which requires the developer to contribute $12,500 for water lines to extend to the site. With Council consent, the Mayor directed staff to request payment of the sum based on the Council's determinations of line improvements which will serve the project. (d) FY 1990 Waterways Improvement Grant: An opportunity to extend the grant for one year was described. Mr. VanKomen moved to direct staff to request a one year extension on the grant. Mr. McCarty seconded and the motion carried. 196 (e) Gentry Property Appraisal: The Administrator reported on bids for appraisals and his intent to engage Idaho Land and Appraisal for this work at a cost of $2,100.00. B. City Attorney Report: (a) Eckhart Request for Adjustment of Water Connection Fee: The Attorney advised that Mr. Eckhart must pay the current fee, i.e., that in effect at the time the permit is issued. (b) Resolution 6-90: This resolution, outlining findings on the need for creating an Urban Redevelopment Authority, was presented. Mr. McCarty moved to adopt Resolution 6-90, Mr. Wallace seconded and on a roll call vote, Mssrs. McCarty, Wallace, VanKomen and Larson voted "Aye". Mayor Allen declared the resolution adopted. RESOLUTIO. ~O. ~-- A RESOLUTION IMPLEMENTING THE STATUTORY CREATION OF AND EMPOWERING THE MCCALL URBAN RENEWAL AGENCY AND MAKING CERTAIN FINDINGS OF PACT. WHEREAS, the City of McCall desires to lmpleme,t and empower the Urban Renewal Agency which was created by the Idaho Urban Renewal Law of 1965 (codified as Chapter 20, Title 50, Idaho Code); WHEREAS, it is anticipated that the Urban Renewal Agency intends to prepare an Urban Renewal Plan containing a revenue allocation financing provision, pursuant to the local Economic Development Act (codified at Chapter 29, Title 50, Idaho Codel; WHEREAS, the City recognizes that there are certain factual prerequisites to the empowerment of the Agency and the ultimate adoption of an Urban Renewal Plan containing revenue allocation financing provisions; NOW, THEREFORE, BE IT RESOLVED BY THE ~YOR AND COUNCIL OF THE CITY OF MCCALL AS FOLLOWS: 1. That there are one or more areas within the City of McCall which are ""deteriorated" or deteriorating areas" as defined by Idaho Code Section 50-2018(h~,(i) and 50-2903(b), 2. That one such area is the area surrounding the abandoned Union Pacific Railroad right-of-way between Third Street and Davis Street, which area has the following characteristics: The area is contiguous to the downtown business core in the City of McCall; it is predominantly zoned commercial; and, as such, it is the likely and probable location for future commercial expansion of the downtown McCall business dis- trict. There is a predominance of defective or inadequate street layout. Many street layouts within the area are inadequate and portions thereof consist of gravelled or partially paved surfaces. Most are without curb, gutter or sidewalks. c. The area lacks an effective and adequately sized street for through traffic between Third Street and Davis Street. Usage on the existing streets will far exceed their current capacity, if further development occurs as expected in the area. d. There is a diversity of ownership and unusual conditions of title in the area. The abandoned Union Pacific Railroad right-of-way extends through the area creating odd and unusual lot shapes and sizes. There is currently a dispute between the City and the owner of the right-of-way regarding the status of title to various portions of the right-of-way. Further, the area encompasses several of the City's oldest subdivisions and additions which contain lot sizes which are substandard by current ordinances. e. Existing City sewer lines are inadequate to service the anticipated further commercial development in the area. Expansion of the load on existing sewer lines in the area without alterations and improvements would jeopardise the safety of the current Lake Street line. f. There are a substantial number of deteriorating or deteriorated structures in the area. g. There are large parcels of property in the area which lack safe and adequate street access necessary for their full development. h. There are a substantial number of parcels in the area which lack adequate parking for their full development. i. In 1987, the United States Department of Housing and Urban Development certified that the area qualified as a slum and blighted area for purposes of community development block grant eligibility. 3. That unless these conditions are improved, they will substantially impair the sound growth potential of the City of McCall and will constitute an economic and social liability; and further development in the area without such improvements will endanger the public health, safety and welfare. redevelopment, or a combination thereof, of such area or areas is necessary in the interest of the public health, safety, and welfare of the residents of the City.~ 5. That acquisition-and improvement of property, including the abandoned Union Paciftc~iRa~01~d' ri~ht~of-wayand improvement of City services in the area surrounding the right-of-way are necessary and appropriate to facilitate the proper growth and development of the City in accordance with sound planning standards and local community objectives, which acquisition may require the exercise of governmental powers. 6. That based upon the conditions described above, and pursuant to Idaho Code Section 50-2001, et. seq. and 50-2901, et. seq., there is a need for an Urban Renewal Agency to function in the City. 7. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED AND APPROVED THIS 10th DAY OF MAY, 1990. MAYOR' ' ATTEST: ,' (c) Ordinance 567: This ordinance creates a McCall Urban Redevelopment Authority and makes the City Council members of the R~e?elopment Board 197 ORDINANCE NO. ~-~7 AN ORDINANCE APPOINTING AND DESIGNATING THE MCCALL CITY COUNCIL TO SERVE AS THE BOARD OF COmmISSIONERS OF THE MCCALL URBAN RENEWAL AGENCY. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, IDAHO, as follows: Section 1. Pursuant to Section 50-2006, Idaho Code, the City Council of the City of McCall is hereby appointed and designated as the Board of Commissioners of the McCall Urban Renewal Agency. Section 2. This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. ATTEST: Cf~v Clerk Mr. Wallace moved to suspend the rule requiring the ordinance be read on three separate occasions. Mr. McCarty seconded and on a roll call vote, Mssrs. Wallace, Larson and McCarty voted "Aye". Mr. VanKomen voted "No". Mayor Allen declared the rule suspended. Mr. McCarty moved to adopt Ordinance 567. Mr. Wallace seconded. On a roll call vote, Mssrs. McCarty, Wallace, VanKomen and Larson voted "Aye". The Mayor declared the ordinance adopted. After discussion, the Council determined to set the first meeting of the McCall Urban Redevelopment Authority for May 24, 1990 at 6:00 p.m. in the council chambers. City Treasurer's Report: With consent of the Council, the Treasurer's Monthly Report ending April 30, 1990 was filed by order of the Mayor. VII. Public Hearing~. 7:30 p.m.; A hearing regarding the disputed water bill of L.A. Lammerman was opened. A staff report outlining the matter was reviewed. Mr. Lammerman testified on the matter. Mr. Wallace moved to amend and settle the bill for $217.00, payable by June 10, 1990. Mr. McCarty seconded and the motion carried. VIII.Old Business: Final Park Site Plan Approval: Kathy Killen, Chairman of the Park and Recreation Advisory Committee reviewed the recommendations of the committee/consultant discussion of May 2nd. Included in the discussion was a recommendation to delay construction of the project to 1991 owing to delays in the park conversion, improved possibilities of securing grant funds for the project, and other technical difficulties. After lengthy discussion, Mr. VanKomen moved to delay the project, but to approve the site master plan as presented and proceed with development of final plans immediately which should include the Gentry parcel. Mr. McCarty seconded and the motion carried unanimously. Council requested staff to explore ways to address the deed restriction on the westerly parcel of the project which prohibits erection of any structure on the land. Ce Golf Clubhouse: Mr. Laidlaw presented a status report on the project. No actions were required. Airport Improvement Project: Addendum No. 1 to the Engineering Agreement dated February 15, 1989 was presented. No signed copy or evidence of Council aCtion could be found. The work has been undertaken and paid for. The land mapping was requested by the FAA as part of the planning effort included in the project· Mr. McCarty moved to approve Addendum No. 1, Mr. VanKomen seconded and the motion carried ~n__an_i_mpusly. . ....... IX. New Business: 1990-1991 Insurance Program: Bill Kirk detailed changes in the City's insurance package and outlined the coverages and premiums for various elements of the insurance package. He reported a total premium decrease from $55,590 for last year to $51,303. Mr. VanKomen moved to request that the policies be issued as presented and requested Mr. Kirk to further review options on the airport liability policy. Mr. McCarty seconded and the motion carried. Sewer Easement from City to Timberlost VI: A proposed easement was presented to accommodate sewer line crossings of Fairways 5 and 6 by the developers. Mr. VanKomen moved to approve the easement subject to the City Attorney's review and approval and authorize the Mayor to sign. Mr. Wallace seconded and the motion carried unanimously. 1990 Sewer Project Work Orders: A work order from Toothman-Orton Engineering for $9,450 for design of a line replacement across the Payette River was reviewed. Mr. VanKomen moved to approve the work order, Mr. Wallace seconded and the motion carried. 1990 Water System Improvements Work Order, JUB Engineering: A work order for design of the Wooley, Ponderosa and Reedy water line replacements for $16,430 from JUB Engineering was presented. Mr. Wallace moved to approve the work order, Mr. VanKomen seconded and the motion carried. XI. Board. Committee & C°~issionRe-D°rts Requiring Action; A. Joint Planning and Zoning Minutes of April 23rd: An action item related to the~'moratorium on modular and mobile home placement was considered. Without objection, the~.Maygr directed the City Attorney to prepare an °rdin~6e to ~effect this action for the next Council meeting. Be Park and Recreation Minutes of May 2, 1990: These minutes were considered and acted upon earlier in the agenda. City Planning and Zoning Commission minutes of March 20, 1990: The Council received oral notice of appeal of the Commission's actions. Mr. Wallace moved to schedule a hearing for June 14, 1990 at 7:30 p.m. in the Council chambers to hear the Knowles subdivision application. Mr. McCarty seconded and the motion carried unanimously. Park and Recreation Advisory Committee Minutes of March 7, April 7, and April 25th: Not previously forwarded, these minutes were ordered for filing without objection. Correspondence: 1. Letter from Dorothy Ireland regarding animal shelter use by the City of Donnelly: After discussion, the matter was referred to staff to develop a fee schedule, and to authorize a 30 day trial operation, if acceptable. Further, increases in a "pound fee" were discussed and assigned to staff for further research. 2. Letter from UPRR re: Increases in sewer line crossing leases: Attorney Remaklus expressed concern about the source of the letter, indicating that he was under the impression that the Kahlman Trust owned this land. He requested authorization to secure a title search to assure that all relevant parties were addressed in the litigation in ~rogress regarding ownership of certain streets and alleys. Mr. Wallace moved to authorize a title search of the rail road right-of-way property, Mr. McCarty seconded and the motion carried. 3. Letter from AIC regarding water and wastewater financing: Mr. Wallace agreed to attend representing the City. 4. Letter from the Valley County Soil Conservation Service regarding formation of a Resource Conservation and Development Organization: Gary Cuff discussed the project, after which Mr. McCarty moved, Mr. VanKomen seconded, to authorize the Mayor to prepare a letter of support for the project application. The motion carried unanimously. 5. Letters from Maurice Hornocker: These letters were transmitted to the Clerk, with letters from Don Chapman for entry into the Manchester Rezone file. 6. Letter from {he Highway 95 Association: correspondence was noted. This XII. Information Items: The following items were acknowledged without action: Letter from Wright Brothers re: Clubhouse. Calendar of Events. Building Report for month of April. Phase I 199 2OO XIII.Executive Session: Mr. McCarty moved to adjourn to Executive Session pursuant to Idaho Code 67-2345(b) to consider the evaluation, disciplining or dismissal of a public employee. Mr. VanKomen seconded and on a roll call vote, Mssrs. McCarty, VanKomen, Larson and Wallace voted "Aye". The Council moved to Executive Session at 10:32 p.m. and returned to open session at 11:45 p.m. Mayor Allen announced that the topic discussed was personnel matters and a list of concerns would be presented to the Administrator and comments and replies to the Council were requested. XIV. AdjourDm~nt: At 11:47 p.m. without further business, Mr. Wallace moved to adjourn. Mr. Larson seconded and the motion carried. Mayor ATTEST: ~ARTHURclerk y SCHMIDT McCALL CITY COUNCIL MINUTES May 24, 1990 ROLL CALL AND CALL TO ORDER: Mayor Allen called the meeting to order at 7:07 p.m. Councilman McCarty, Van Komen, Wallace and Larson answered the roll call. ...... II., .... ~ · MINUTES: The Minutes of May 10, 1990 were discussed. A correction was noted for an item lacking a second and result of the vote.. The Clerk was instructed to review the tape and correct the item. Wallace moved to approve the Minutes as corrected, Larson seconded and the motion carried. III. CLAIMS: A list of prepaid and pending claims dated MAy 18, 1990 was presented. ' Wallace moved to pay the claims, McCarty seconded and the motion carried unanimously. IV. CONSENT CALENDAR: 'The Airport Committee Minutes of May 2, 1990 and the Joint Planning and Zoning Commission meeting Minutes of May 14, 1990 were ordered filed by the Mayor without objection. Vm MAYOR AND COUNCIL COMMENTS AND REPORTS: Mayor Allen advised that he had accepted an award from the Chamber of Commerce on behalf of Larry Chalfant for his efforts during the 1990 McCall Winter Carnival. VI. STAFF REPORTS: A. City Administrator Report: ~eport addressed the following issues: The Administrator's UNICOM RADIO: The new radio was installed May 17, 1990. sPRINKLERORDINANCE REVISION: Chief Points requested expansion of the ordinance to include multi-unit residential structures· With consent of the Council, Mayor Allen ordered the matter scheduled on the next Agenda· 201 RADIO WARNING SYSTEM, SEWER STATIONS: Staff reported on other estimates for the equipment. Be TENNIS COURT IMPROVEMENT: The use of City crews to relocate fences and poles, will require a contractor only for plexi-paving. A firm estimate of $4987.00 for this work does not appear to require a bid. McCarty moved to direct staff to proceed on the project as discussed. Van Komen seconded and the motion carried unanimously. So COMPREHENSIVE PLAN: Staff suggested requesting the VALUED organization to begin work on the Economic Development Section of the Comprehensive Plan. With the Council's consent, Mayor Allen agreed to make the request· ' ~ : ~; ........ WASTEWATER FACILITY UPDATE: Information on the priority list for Facility planning and construction loans which identified McCall as an immediate priority was distributed. Staff advised that Engineering solicitations should be sent immediately. DOCK AND DECKWORKS LEASE: A letter from the Idaho Department of Lands regarding the condition of the premises was reviewed. McCarty moved to direct a letter to Brock Goul, the lessee, to order immediate clean-up concurrent with the State's timetable. Wallace seconded and the motion carried. FIREWORKS STAND LICENSING: Specific licensing of these stands was removed under the safe and save fireworks ordinance. The Administrator queried whether the intent was to not license at all or whether provisions of the hawker's license ordinance were still applicable. The City Attorney requested the matter be referred to him and that was the order. APPRAISALS ON RAILROAD RIGHT-OF-WAYS: The Administrator reported receiving two proposals, one from Idaho Land and Appraisal for $10,000 and one from the Real Estate Consulting Group for $12,000. On staff recommendation, McCarty moved to engage the Real Estate Consulting Group for the appraisals. Wallace seconded. On a roll call vote, Van Komen and Larson voted NO; Wallace and McCarty voted AYE; Mayor Allen voted AYE and the motion carried. City Attorney's Report: LAND TRADE AGREEMENT ADDENDUM: An addendum to extend the land trade closing date with Douglas Manchester was presented. McCarty moved to approve the addendum and authorize the Mayor to sign. Van Komen seconded and on a roll call vote, McCarty, Wallace, Van Komen, and Larson voted AYE. ORDINANCE 570: This Ordinance amends the original land trade ordinance reflecting the changes in the addendum (above). McCarty moved to suspend the rule requiring an ordinance be read on three separate occasions, Wallace seconded and on a roll call vote, McCarty, Wallace, Larson, and Van Komen voted AYE. Mayor Allen declared the rule suspended. McCarty moved to adopt Ordinance 570. Wallace seconded and on a roll call vote, McCarty, Wallace, Larson and Van Komen voted AYE. Mayor Allen declared Ordinance 570 adopted. ORDINANCE NO. ~2~ ORDINANCE RELATING TO AN EXCHANGE OF REAL PROPERTY; AMENDING ORDINANCE NO. S63 OF THE CITY OF McCALL, IDAHO, TO EXTEND THE CLOSING DATE FOR THE EXCHANGE OF CERTAIN PROPERTIES BETWEEN THE CITY OF McCALL AND DOUGLAS F MANCHESTER. . WHEREAS, by Ordinance No. 563, enacted by the City Council of the City of McCall, Idaho, on January 18, 1990, the City Councll did express its intent to exchange certain real property owned by the Clty of McCall for certain real property owned by Douglas F. Manchester, pursuant to that certain Agreement for Exchange of Property, dated the 19th day of January, 1990, entered into by and between the City of McCall and Douglas F. Manchester. WHEREAS, by Addendum to Agreement for Exchange of Property, dated May 24, 1990, entered into by and between the City of McCall and Douglas F. Manchester, the parties have agreed to extend the closing date fo~ the said exchange transaction to a date within thirty (30) days after the date of written notice by the City to Manchester that the necessary State and Federal approvals for the conversion of the subject B (city owned) property to private ownership have been obtained by 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 of Ordinance No. 563 passed and approved the 18th day of January, 1990, be, and the same is hereby amended to read as follows' Section 8. In the event that no objection is made to such exchange in the form and manner as provided in said agreement above described and as provided in Chapter 14, Title 50, Idaho Code, such exxchange of property shall be made-~t pr~. r o~r %~ ~l-s~ ~a~ ~3{ ~a~7, ~998r at the McCall City Hall, McCall, Idaho. within thirt 30 da s after the date that the Cit notifies Do las F. Manchester in writi that the Cit has obtained all necessar State and Federal a royals to the conversion of the subject B property to private ownership._ Secton 2. This Ordinance shall be in full force and effect from and after its passage approval and publication as required by law. ' Dated this 24th day of May, 1990. At~ _ City Cl~ D & DSEWER LINE EASEMENT: A revised agreement was presented. A July 15th completion date was discussed and approved. Larson moved to approve the revised easement and authorize the Mayor to sign. Van Komen seconded and the motion carried unanimously. RESOLUTION 7-90, RELATED TO AIRPORT FEES: The resolution was reviewed by the City Attorney which sets airport fees. Van Komen moved to adopt Resolution 7-90. Wallace seconded and the motion passed unanimously. ORDiNANCE'~5~9~!~& i'569-I: MORATORIUM ON THE PLACEMENT OF MOBILE HOMES: Ordinance 569 and 569-I, proposing a 120 day moratorium on the placement of mobile homes in the city and Area of city Impact were presented. The City Attorne~'~e'ad ordinance 569 by title. 203 McCarty moved to suspend the rule requiring an ordinance be read on three separate occasions. Van Komen seconded and on a roll call vote, McCarty, Van Komen, Larson and Wallace voted AYE. The Mayor declared the rules suspended. McCarty moved to adopt Ordinance 569. Van Komen seconded and on a roll call vote, McCarty, Van Komen, and Larson voted AYE, Wallace voted NO. Mayor Allen declared Ordinance 569 adopted. 0RDINANCE NO. &-~° ~ AN ORDINANCE RELATING TO PLANNING A~) ZONING; COI~FAINING FINDINGS OF FACT AND PROVIDING FOR A lZ0 DAY MORATORIU~ PROHIBITING THE APPLICATION FOR M.~ ISSUANCE OF BUILDING PERMITS FOR MOBILE HOMES IN THE CITY OF McCALL, IDAHO. WHEREAS, the Mayor and Council of the City of McCall, Idaho, make the following findings pursuant to the authority granted ~mder the provisions of Section 67-6523, Idaho Code, and pursuant to the declaration of purpose of the Idaho Legislature, as set forth in Section 67-6502(a), Idaho Code, to-wit~ 1. That placement of mobile homes in certain zones of the City of McCall has depressed property value therein by at least 30%. 2. That existing zoning ordinances do not adequately govern the problem of placement of moblle homes in the City of McCall in an orderly manner in which to permit the same without serious devaluation of other property. 3. That to protect the public welfare in McCall, Idaho, proper ordinances must be adopted to regulate the placement and location of mobile homes in the City of McCall. 4. That the City of McCall is in immediate need of a moratorium of 120 days to prohibit the issuance of building permits for the placement of mobile homes in the city in which to adopt proper ordinances under the provisions of the La~ Use Planning Act of 1975, which are now ~u~er review and revision by the McCall Planning and Zoning Co,~ission. 5. That an emergency exists because of the approachi~ construction season and the reasor~ble expectation of nt~erous applications for building permits for mobile homes due to sudden and %mforseen economlc development in Valley County. NOW, THEREFORE, be it ordained by the Mayor and Co~u%cil of the City of McCall,'Idaho, as follows: Section 1. The application for ar~ iss~uance of building permits for the placement of mobile homes in the City of McCall, Idaho, is hereby prohibited for a period of 120 days from ar~ after the adoption, approval and p~blication of this moratori~m brdinance. Section 2. This ordinance shall be in full force and effect from and after its passage, approval and pt~blication as provided by law. Passed ar~ approved this 24th day of May, 1990. 204 The city Attorney read Ordinance 569-I by title. McCarty moved to suspend the rule requiring an ordinance to be read on three separate occasions. Van Komen seconded and on a roll call vote, McCarty, Van Komen, Wallace and Larson voted AYE. The Mayor declared the rule suspended. McCarty moved to adopt Ordinance 569-I. Van Komen seconded and on a roll call, McCarty, Van Komen and Larson voted AYE, Wallace voted NO. The Mayor declared the Ordinance adopted. iN ORDIN~'ICE RELATING TO PLAI'~;IING .~rD ZONING; COI'FFAI:NING FII'rDINGS OF FACT Al.rD PROVIDING FOR i 120 DAY MORATORIUM PROHIBITING THE APPLICATION FOR A/.rD ISSUANCE OF BUILDING PERMITS FOR MOBILE HOMES IN TH~ McCALL, IDAHO, AREA OF CITY IMPACT. WHEREAS, the Mayor and Council of the City of McCall, Idaho, make the following findings pursuant to the authority granted under the provisions of Section 67-6523, Idaho Code, and pursuant to the declaration of purpose of the Idaho Legislature, as set forth in Section 67-6502(a), Idaho Code, to-wit; i. That placement of mobile homes in certain zones of the City of McCall has depressed property value therein by at least 30%, that indiscriminate placing of mobile homes in the McCall Area of City Impact will seriously dew~luate property. 2. That existing zoning ordinances of the McCall Area of City Impact do not provide for or prohibit placement of mobile homes in the McCall Area of City Impact. 3. That to protect the public welfare in the McCall Area of City Impact, proper ordinances must be adopted to regulate the placement and location of mobile homes. 4. That there is an immediate need of a moratorium of 120 days to prohibit the issuance of building permits for the placement of mobile homes in the McCall Area of City Impact in which to adopt proper ordinances under the provisions of the Land Use Planning Act of 1975, which are now under review and revision by the McCall Area of City Impact Planning and Zoning Commission. 5. That an emergency exists because of the approaching construction season a~d the reasonable expectation of numerous applications for building permits for mobile homes due to sudden and unforseen economic development in Valley County. NOW, THEREFORE, be it ordained by the Mayor and Council of the City of McCall, Idaho, as follows: Section i. The application for and issuance of building permits for the placement of mobile homes in the McCall Area of City Impact is hereby prohibited for a period of 120 days from and after the adoption, approval and publication of this moratorium ordinance. Section 2. This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. Passed and approved this 24th day of May, 1990. Atte : " . City Clerk/ C. Treasurer's Reporti'~''~' Mr. Henderson reviewed his budget report and requested action to notice and conduct a hearing on amending the FY 89-90 budget. Van Komen moved to direct staff to prepare an amendment to the appropriation ordinance and notice a hearing as required for June 21, 1990. Wallace seconded and the motion carried unanimously. VIII. OLD BUSINESS: A. Airport Insurance: As requested at the last meeting, Kirk Insurance provided quotations for additional airport liability insurance. After discussion of the alternatives, McCarty moved to expand coverage to $5 Million at a premium cost of $2,750.00 per year. Wallace seconded and on a voice vote, the motion carried. B. Ordinance 568; Relating to Water Customer Classes: The Ordinance was read by title by the City Attorney who reviewed the compression of customers into three classes. Wallace moved to suspend the rule requiring the ordinance be read on three separate occasions, McCarty seconded and on a roll call vote, Wallace, McCarty, Larson and Van Komen voted AYE. The Mayor declared the rule suspended. Wallace moved to adopt Ordinance 568. Van Komen seconded. On a roll call vote, Wallace, Van Komen, Larson and McCarty moved AYE. The Mayor declared the Ordinance adopted and a 10 minute recess. 205 ORDINANCE NO. ~-~ ~ AN ORDINANCE RELATING TO WATER CHARGES; REPEALING SECTION 8'1-43 OF THE VILLAGE CODE OF McCALL, IDAHO; AMENDING CHAPTER 1 OF TITLE VIII OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION OF A NEW SECTION 8-1-43 OF THE VILLAGE CODE OF McCALL, IDAHO, TO ESTABLISH CLASSIFICA- TIONS AND A SCHEDULE OF CHARGES FOR WATER USERS, PROVIDING THAT CHARGES FOR RESIDENTIAL USERS SHALL BE BILLED TO THE OWNER OF THE REAL PROPERTY UPON WHICH THE USE IS LOCATED, DEFINING WATER OVERRUN, ESTABLISHING CHARGES FOR OVERRUNS AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: $-~L~. That Section 8-1-43 of the Village Code of McCall, Idaho, be, and the same is hereby repealed. ~ That Chapter 1 of Title 8 of the Village Code of McCall, Idaho, be, and the same is hereby amended by the addition thereto of a w~~, to be known and designated as Section 8-1-43 of the Village Code of McCall Idaho and to read as follows: .' ' 8-1-43: SCHEDULE OF CHARGES: Ail users of the water in said City shall be charged at the rates hereinafter set forth, to-wit: Class A. A single family residential user (except mobile home parks) shall be charged at the rate of $9.50 per month except for the months of June, July and August of each year when such water charge shall be $10.50 per month, which shall be billed to the record owner of the property to which water is supplied. Class B. Mobile home parks shall be charged at the commercial rate of $11.50 per month per park plus metered overruns as hereinafter defined. Class C. Ail buildings and users not covered by sub sections A and B above shall be charged at the commercial rate of $11.50 per month plus metered overrun as hereinafter defined. .... ~v~,. vv~s~u~ ms ~e[lne~ as any and all watez over and above three thousand (3,000) gallons per month. Charges [or 20~verrun are as follows: (A) (B) (c) The next five thousand (5,000) gallons at ninety cents ($0.90) per thousand (1,000) gallons. The next ten thousand (10,000) gallons at sixty cents ($0.60) per thousand (1,000) gallons. The 'next ten thousand (10,000) gallons at forty five cents ($0.45) per thousand (1,000) gallons. (D) At the rate of thirty cents ($0.30) for each one thousand (1,000) gallons Over and above twenty eight thousand (28,000) gallons. Section 3, This ordinance shall be in full force and effect on and after the 1st day of June, 1990. Passed and approved this~day of May, 1990. Attest: City clerk VIII. C. Golf Clubhouse: (±) Change Order No. 2: A deductive change order for $22,254 was considered. Item 8, glazing and doors in the entry vestibule were discussed. McCarty moved to approve the Change Order No. 2, excluding item 8. Larson seconded. On a roll call vote, McCarty and Larson voted AYE; Van Komen and Wallace voted NO; the Mayor voted AYE and declared the motion carried. Mr. Laidlaw advised he would include item 8 in a future order as an additive item. (ii) Pay Estimate No. 2: A pay request from LT General for $200,474 was reviewed. Larson moved to approve the request. Van Komen seconded and the motion carried unanimously. D. Water System Master Plan: George Wagner and Mike Choate of JUB Engineering reviewed several alternatives for water treatment and storage which had been analyzed. After a lengthy discussion, the Council elected to set June 21 at 7:00 p.m. as a Special work session on the Master Plan. Such was the order. Mr. Van Komen requested that the water hook-up fees be scheduled on the next Agenda. The Mayor so ordered. NEW BUSINESS: Slaton Hanger Lease: The lease terms were presented. Discussion centered on whether the lease conformed to the financial terms outlined in Resolution 7-90. Van Komen moved to approve the lease when it was amended to conform to the terms of Resolution 7-90 and authorize the Mayor to sign. McCarty seconded and the motion carried. IX. Xe B. Manchester Rezone Hearing: A letter from the City Planning and Zoning Commission was reviewed. Wallace moved to set a hearing on the rezoning request for June 28, 1990 at 7:30 p.m. Larson seconded and the motion .carried. The Mayor so ordered. C. Rhees, Request For Water Bill Hearing: Wallace moved to hear the Rhees disputed water bill on June 14, 1990 at 7:30 p.m. Van Komen seconded and the motion carried. D. Renewal And Transfer Of Yacht Club Liquor License: An application to renew and a separate application to transfer the liquor license of the Yacht Club to Ed Gaiennie was presented. Larson moved to approve the license renewal and transfer. Wallace seconded and the motion carried. BOARD COMMITTEE AND COMMISSION MINUTES REQUIRING ACTION: ae City Planning and Zoning Commission Minutes of April 24, 1990: (i) The matter of the variance request for the Payette Inn, Dirk Winter, was reviewed. After discussion, Van Komen moved to adopt the Findings of Fact and Conclusions of Law of the Commission dated May 15, 1990. Wallace seconded and the motion carried unanimously. Van Komen moved to approve the Variance as recommended by the Commission. Wallace seconded and the motion carried unanimously. B. City Planning and Zoning Minutes of May 1, 1990: The Commission's minutes required action to set a hearing on a request for rezoning by Payette Lakes Lumber Co. Wallace moved to set the matter for hearing on June 28, 1990 at 7:30 p.m., Van Komen seconded and the motion carried. C. City Planning and Zoning Commission, May 15, 1990: 1. Timberlost VI Subdivision, Final Plat: The Commission recommended approval of the final plat of Timberlost VI. Van Komen moved to approve the final plat subject to receipt of a letter of credit in a sufficient amount to cover the street and utility improvements, the amount to be determined by the Public Works Director and Mayor. Larson seconded and the motion carried unanimously. 2. Candlewood Condominium, Final Plat: The Commission recommends approval of the final plat. Wallace moved to approve the final plat subject to receipt of a letter of credit in a sufficient amount to cover the public improvements, the amount to be determined by the Public Works Director and the Mayor. Larson seconded and the motion carried unanimously. EORRESPONDENCE: ae A letter from the Idaho Housing Authority regarding an expansion of the Osprey Apartment Complex was noted. Bo A letter from the Cascade Reservoir Association was noted. The Mayor agreed to request that a delegation from the Association attend the June 14th hearing regarding the City's priority on the Health and Welfare Department,s funding program. 207 XI. INFORMATION ITEM: XII. Receipt of "NWEC Notes" was acknowledged. ADJOURNMENT: At 10:22 p.m., without further business, Wallace moved to adjourn. Van Komen seconded and the motion carried. ARTHUR J. S¢4~M~ Clerk JOHN J. Mayor McCALL CITY COUNCIL MINUTES JUNE 12, 1990 I. Call to Order & Roll Call: M~yor Allen called Councilmen McCarty, the roll call. the meeting to order at 12:30 p.E Van Komen, Larson and Wallace II. Executive Session: Mayor allen advised the purpose o the special call was to consider personnel matters pursuan to lC 67-2345 Subsection (b). McCarty moved to move~t Execntive Session pursuant to lC 67-2345 (b). Wallac seconded and on a roll call vote, McCarty, Wallace, Larson, and Van Komen voted AYE. The Mayor declared the meeting in Executive Session at 12:35 p.m. At 2:25 p.m. the meeting returned to open session. Mayor Allen stated that he would be addressing a letter to the Cit Administrator with guidelines and instructions for future actions. No other action was taken. III. Adjournment: Wallace moved to adjourn,~McCarty seconded and the motion carried. ATTEST: 209 MCCALL CITY COUNCIL MINUTES JUNE 14, 1990 I. Call to Order & Roll Call Mayor Allen called the meeting to order at 7:08 P.M. Councilmen McCarty, Van Komen, Wallace and Larson answered the roll call. II. Minutes The minutes of May 24, 1990 were presented. Wallace moved to approve the May 24 meeting minutes. McCarty seconded and the motion carried. III. Claims A list of prepared and pending bills dated June 11 was reviewed. Larson moved to pay those claims. Wallace seconded and the motion carried unanimously. IV. Consent Calendar The following items were listed on the calendar: A. Library Board minutes of May 22; B. Transfer of beer and wine license from Bill Bayse to Billdot, Inc.; C. Joint Planning & Zoning Commission meetings of May 21 and May 22; D. Catering permits for Lardos (June 16) and The Mill (June 30). Wallace moved to approve all items on the consent calendar. McCarty seconded and the motion carried. V. Mayor and Council Comments and Reports A. Councilman Wallace reported on the Water/ Wastewater financing workshop and asked that information from that conference be copied and distributed to all council members. The Mayor so ordered. B. Mayor Allen noted a letter from the Star-News regarding ~xecu~lve session proceealngs. ~e a£so no~ea ~ letter from Senator Symms and will have that in the next packet. C. A draft letter regarding Animal Control to the City of Donnelly was presented for Council review prior to mailing. The consensus of council was to concur with the terms of the proposal and authorize the letter be sent proposed. D. Councilman Van Komen noted concerns about police agency cooperation and requested that a task force be formed to investigate the matter. The Mayor scheduled the matter for the next agenda. VI. Staff Reports A. City Administrator's Report (1) A written report noting the correction of the May 10 minutes, recent vandalism at Mill Park and the airport, sale of the Depot, a building permit on the right-of-way fencing, and a one year extension of th~ Waterways Grant was presented. 210 VII. VI. (2) The administrator requesnea ~lrecn~on on un~ engineering selection for the Wastewater Treatment Plant Facility Update Engineering selection process. After discussion, Wallace moved to request the Joint Powers Board to select three firms to interview. The interview board would consist of two members of the Payette Lakes Water & Sewer District Board, Councilmen Wallace and McCarty, and the three members of the Joint Powers Board. Van Komen seconded and the motion carried. Public Hearing: 7:30 P.M. A. Knowles Subdivision Request Mayor Allen opened the Hearing. A staff report of the request was provided. This hearing was set as an app-~l of the City Planning & Zoning Commissions actions outlined in their Findings of Fact and Conclusions o~ ,aw dated April 18, 1990. Tom Kerr represented the applicants, Iran and Joyce Knowles. The action being appealed was specifically, the requirement of the Commission (item 4) which reads: "Property owners shall be responsible for their fair share of the paving costs of Knowles Road at such time as the city undertakes that paving project." The applicant thought that the city code requires paving of streets within the subdivision. Knowles Road is not within the subdivided property. The applicant viewed this requirement as onerous. Mayor Allen called for testimony opposed to the request. There being none, the hearing was closed and the matter returned to the Council. After discussion, Van Komen moved to adopt the Findings of Fact and Conclusions of Law excepting "Item 4" above. Wallace seconded and the motion carried unanimously. Van Komen then moved to approve the subdivision subje, to the conditions outlined in those amended Findings d Conclusions. Wallace seconded and the motion carried. B. Stan Rhees water bill hearing Mr. Rhees was unable to attend. The matter was rescheduled to July 12, 1990 at 7:30 P.M. Staff Reports (continued) A. City Administrator's report (3) Yacht Club/ Off-premise consumption license: The administrator presented an application for Ed Gaienne to expand the license to include package beer take-out sales. McCarty moved to approve the license, Van Komen seconded and the motion carried. (4) Letter from Idaho Dept. of Lands re: zoning The administrator asked that copies of this letter be forwarded to all Planning and Zoning Commission members. The Mayor so ordered. (5) Recycling: A request by Debbie Bordahl for e of city land for a recycling center was presented .nd discussed. The Administrator was directed to work with Ms. Bordahl and report back. (6) The administrator requested an executive session 211 to review an appraisal on the Gentry property pursuant to lC 67-2345, subsection (c). B. City Attorney's Report The attorney had no report. C. The Treasurer's Report (1) The monthly financial report dated May 31, 1990 was presented. Wallace moved to accept the report for filing. McCarty seconded and the motion carried. (2) FAX Machine: The treasurer requested authorization to purchase a used FAX machine for $400.00 from the office supply account. After discussion, Wallace moved to approve the purchase. Larson seconded and the motion carried. (3) Lease Purchase: The treasurer reported that all equipment for the public works package has been received. The conversion from the Multiple Advance note to a long term lease with a seven year amoritization was recommended. Van Komen moved to approve a seven year lease-purchase agreement for a dump truck, pipe pusher, sweeper attachment, industrial lawn mower and snowplow blade totaling $80,359 and authorize the Mayor to sign the agreement. Wallace seconded and the motion carried unanimously. VIII. Old Business ae Golf Clubhouse (1) Change Order No 3: A deductive change order reducing the contract amount by $24,591 was considered. After review, Van Komen moved to approve change order No. 3. Wallace seconded and the motion carried unanimously. (2) Change Order No. 4: An additive change order increasing the contract amount by $4032 was addressed. The contract with this order would be $610,932. Wallace moved to approve Change Order No. 4. Van Komen seconded and the motion carried unanimously. IX. New Business A. Sprinkler Ordinance Revision: The Fire Chief with the request to amend the ordinance since the Fire Code provides other means to ensure that high exposure buildings are sprinkled. B. Impact Fees: A broader fee than utility changes has been adopted by other committees. The Council asked to consider the water capitalization fee at their June 21 special meeting and to review the broader Impact fee on the next regular agenda. C. Notice of Claim, Wooten: Receipt of the claim was acknowledged. Wallace moved to refer the claim to the city's insurance carrier and the city attorney. D. Resolution 8-90, Classification & Compensation Plan: A staff report and proposed resolution were tabled to the June 28 agenda by order of the chair. E. Parking Enforcement: A memo from the Police Chief requesting permission to temporarily assign the Animal Control officer for up to 10 hours per week to parking enforcement was considered. Wallace moved to authorize the reassignment. Van Komen seconded and the motion carried. 212 Scott Findlay requested that consideration be given to installation of "2 Hour Parking" signs on brackets rather than on posts in front of the McCall Mall. The Mayor asked that this be referred to the Public Works Director for determination. F. Upland AcceSs Permit, Gilbert Trucking: Mrs. Gilbert appeared and requested use of city riparian rights to park a crane/barge adjacent to city lands. Staff reported on the recommendations of the July 13 Park & Recreation Advisory Committee. G. Specifications for 1990 Street Dust Oiling: Wallace moved to approve the specification and call for bids for the 1990 Street Dust Oiling program. Van Komen seconded and the motion carried unanimously. H. Surplus Property Sale: ~The Council reviewed a list of surplus property. Wallace moved to declare those items surplus to the city's needs and to conduct an auction for disposal of the property. Van Komen seconded and the motfon carried. On request of staff, Van Komen moved to authorize the City AdministratOr to engage a professional auctioneer for the sale. Larson seconded and the motion carried. X. Board Committee 'and Commission Reports Requiring Action XI. A. Transportation Committee, May 30, 1990: After discussion the committee's recommendations were not acted upon pending further discussion of the U.P.R.R. roadway routing and costs. Council asked that new information be advanced directly to the Transportation Committee. B. Joint Planning & Zoning Commission, June 4,1990: Van Komen moved to amend Resolution 5-90 and direct the Attorney to prepare an amendatory resolution which includes a $250.00 fee for a P.U.D. application. Wallace seconded and the motion carried. Airport Committee, June 6, 1990 (1) Pre-application for FAA funds: A preapplication was reviewed. Wallace moved to authorize submission of the preapplication. McCarty seconded and the motion carried. (2) Memorandum of Understanding/USFS: A M.O.U. regarding traffic control on Dienhard Lane with the Forest Service was reviewed. McCarty moved to approve the M.O.U. and authorize the Mayor to sign. Van Komen seconded and the motion carried. (3) Minimum Standards: After discussion Wallace moved to refer the matter to the City Attorney for an adopting Resolution. Van Komen seconded and the motion carried. ( 4 ) Resolution 7-90: Van Komen moved to amend Resolution 7-90 to have FBO's pay the fuel flowage fees. Wallace seconded and the motion carried. Correspondence A. Letter from Attorney Pierce re: Osprey II: After discussion, withgut objection, the Mayor advised he would prepare a letter of support for the project. B. Letter from Don Chapman re: Phosphate ban: After discussion, without objection, the Mayor directed the Staff to respond to Mr. Chapman. XII. Information Items Receipt of the following information items was acknowledged: A. Idaho State Historical society re: SITPA B. Letter regarding National Flood Insurance Program C. Compliance inspection report, Wastewater treatment Plant XIII. Executive Session McCarty moved to recess to Executive Session pursuant to Idaho Code 67-2345, Subsection (b) to discuss acquiring land not owned by a public agency. Van Komen seconded and on a roll call vote, McCarty, Van Komen, Larson and Wallace voted AYE. The m~eting then recessed and reconvened in closed session. At 10:50 P.M. the meeting returned to open session. Van Komen moved to direct the Mayor and Administrator to determine if a price for purchase of the Gentry Parcel can be negotiated and to report back on those negotiations. Wallace seconded and the'motion carried. XIV. Adjournment At 10:52 P.M. without further business, Van Komen moved to adjourn. Wallace seconded and the motion carried. 213 Clerk MCCALL CITY COUNCIL MINUTES JUNE 21, 1990 Joh~U. A l~t~e n c~V Mayor i.' 'Call to Order &~Roll Call At 7:14 P.M., Mayor Allen ca'lled the meeting to order. Councilmen McCarty, Van Komen, Larson and Wallace answered the roll call. Mayor Allen outlined'the, purpose of'the special meeting as a work session on water system issues. II. Staff Reports The City Administrator advised the council that the Golf Foundation was proceeding with cart path paving. Also noted were reports of a head lice infestation of youth softball program participants. A letter from Sam Kahlman was also noted. III,'Water System .Discussion George Wagner, Mike Choate and Tom Moore from JUB Engineering discussed the following matters. A. Impact Fees or system Development Charges A handout was circulated and discussed which outlined two standard approaches to such fees, "the system buy-out method" and "the incremental cost pricing basis." After discussion, the consensus of the Council was to ask the engineers and staff to estimate a fee under the "system by-out method" for the McCall water system. B. Master Plan Update ~-£.,~ Z9~6 document and subsequent discussions were r~viewed. Six alternatives were presented for discussion. After a l'engthy discussion, the consensus was to adopt Alternate lB and direct the engineers to address further the costs, priorities and phasing for immediate action. Alternate 3 was considered the best long range development with the addition of an existing well for an alternate water source. With this direction, the engineers agreed to return on July 26 to present a final report. IV. Adjournment At 10:19 P.M., Wallace moved to adjourn. and the motion carried. Van Komen seconded ArthurJ~/ Schmidt City COrk Mayor MCCALL CITY COUNCIL MINUTES JUNE 28, 1990 I. Call to Order & Roll Call Mayor Allen called the meeting to order at 7:00 P.M. Councilmen McCarty, Wallace and Larson answered the roll call. Councilman Van Komen was absent. II. Minutes Minutes of the June 12, June 14 and June 21 meetings were presented. Wallace moved to approve these three sets of minutes. McCarty seconded and the motion carried. III. Claims A list of'prepaid and unpaid claims dated June 21, 1990 was received. McCarty moved to pay the claims, Larson seconded and the motion carried. IV. Consent Calendar Th~ following items were listed on the calendar: A. Joint P & Z Meeting June 5, 1990 B. Joint P & Z Meeting June 12, 1990 C. Catering Permit, Lardo's July 2, 1990 McCarty moved to approve the consent calendar, Wallace seconded and the motion carried. V. Mayor and Council Comments and Reports Mayor Allen requested an Executive Session to deal with a personnel matter. McCarty moved to conduct an executive Session pursuant to IC 67-2345, subsection (b) to deal with personnel matters. Larson seconded and on a roll call vote McCarty, Larson and Wallace voted AYE. Councilman Wallace presented a scroll and original art work, a gift from the Ore-Ida Bike Racers as t~7~nks to the city for the hospitality. VI. Staff Reports A. City Administrator's Report: 215 Be 1. Phosphate Detergent Ban: The administrator reported on the Sandpoint and Missoula experience. Mr. Larson noted that manufacturers prepare both phosphate and no or low phosphate types of all major brand names. With consent of the council, the Mayor directed the Attorney to prepare an ordinance to ban high phosphate detergents. 2. Golf Clubhouse, Special Use Permit: Staff reviewed the zoning issue and recommended submitting a special use permit for the facility. Wallace moved to direct staff to prepare a special use application, Larson seconded and the motion carried. The motion was amended to include waiver of the application fees. 3. Gentry property: The administrator requested that the Executive Session be expanded to include a discussion of a property purchase negotiation. McCarty moved to include a discussion related to acquiring an interest in real property in the Executive Session pursuant to I.C. 67-2345 subsection (c). Larson seconded and on a roll call vote McCarty, Larson and Wallace voted AYE. 4. Broker of Record/Insurance: A form certifying PENCO & Kirk Insurance as agent of record for insurance coverage (excluding employee health, dental and vision group coverages) was presented. McCarty moved to certify PENCO & Kirk Insurance as Agents of Record and authorize the Mayor to sign. Wallace seconded and the motion carried. 5. Other report: A written report noting July 4 preparations, and oral reports on the administrator's absence July 16-26, a staff budget conference schedule, and a report on paving projects underway on Dienhard and the Central District Health were noted. City Attorney's Report 1. Resolution 8-90 adopting Airport Minimum Standards was presented and read. McCarty moved to adopt Resolution 8-90. Wallace seconded and the motion carried. 2. Resolution 9-90, adopting Planning and Zoning Fees, repealing Resolution 5-90. McCarty moved to adopt Resolution 9-90, Larson seconded and the motion carried unanimously. VII. 3. Resolution 10-90: Adopting Airport Fees, repealing resolution 7-90. M¢Carty moved to adopt Resolution 10-90, Wallace seconded and the motion carried. Public Hearings, 7:30 P.M. A. Manchester Zone Change Request: Mayor Allen opened the hearing on a request by Douglas Manchester, Torrey Enterprises for a zone change on property commonly known as the "old mill site." The hearing was properly noticed and the land posted. The City Administrator reviewed the issue noting that this was the second hearing on the matter and outlining the City Planning & Zoning Commission's Findings of Fact and Conclusions of Law. The public was invited to be heard. Attorney Millemann detailed the request to zone the entire panel as commercial. The following persons commented: Scott Findlay, Marion Johnson ,Jamie Shropshire, Jim Kostoff, Faye Kostoff, John O. Fitzgerald, Jud DeBoer, Jim Staup, Steve Rhyberg. At 8:50 P.M. Mayor Allen closed the hearing t° public comment and declared a recess. At 9:05 P.M. the meeting reconvened and the matter was discussed. After discussion, McCarty moved to adopt the Findings of Fact and Conclusions of Law as recommended by the Planning & Zoning Commission, Larson seconded and the motion carried unanimously. McCarty then moved to approve the rezoning as set forth in the Findings of Fact and Conclusions of Law as presented by the Commission. Wallace seconded and the motion carried unanimously. The Mayor then instructed the City Attorney to prepare an ordinance to memorialize the zone changes. B. Payette Lakes Lumber Co., Zone Change request: Mayor Allen opened the hearing on the request by Payette Lakes Lumber Co. to change the zone on certain property east of the lumber yard from D Commercial Zone to the E, Industrial Zone. A staff report detailed the request. The public was invited to comment. One letter of objection was noted. Wallace then moved to adopt the Findings of Fact and Conclusions of Law of .the City Planning & Zoning Commission on the matter. Larson seconded and th~ motion carried. Larson then moved to approve the change of zone from a D Commercial to an E Industrial designation. Wallace seconded and the motion carried unanimously. Mayor Allen instructed the City Attorney to prepare an ordinance on the matter. C. Budget Amendment Hearing FY 89-90: Mayor Allen opened the public hearing on proposed amendments to the current year's budget. The City Treasurer reviewed those changes in detail. The public was invited to comment. No one wished to be heard nor were written comments received. The hearing was closed and Ordinance 571%cas presented to amend the annual appropriation ordinance. McCarty moved to suspend the rule requiring that an ordinance be read on three separate occasions. Wallace. seconded and on a roll call McCarty, Larson and Wallace voted AYE. The Mayor declared the rule suspended. McCarty moved to adopt Ordinance 571. Wallace seconded and on a roll call vote, McCarty, Wallace and Larson voted AYE. Mayor Allen Declared Ordinance 571 adopted · ORDINANCE ~O. 571'' AN ORDINANCE RELATED TO APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30; 1990; AMENDING... ORDINANCE NO. 559 OF THE CITY OF McC.~L,-.'IDAHO, TO INCREASE THE CURRENT APPROPRIATIQNTO'PROVIDE FOR EXPENDITURE OF MONIES FROM THE STREET ~UND, THE GOLF FUND AND FEDERAL AND STATE'AIRPORT GRANT FUNDS AND TO DESIGNATE THE'FUNDS.'TQ. WH!cH THE INCREASED APPROPRIATIONS ARE MADE. -":~ BE IT ORDAINED BY THE MAYOR AND ~OUNCIL OF'THE CITY.OF Section 1. That ordinance No.· 559'of the City 'of McCall, Idaho, passed and approved September 7,' 1989, be, and the same is hereby amended to read as.follows: ~ There is hereby apPropriated'/t° defray all necessary expenses of the City of McCall', Idaho, for the fiscal year commencing October 1, 1989'and ending September 30, 1990, the '~um of-$4-~~'~, which said sum shall be appropriated t° the Several funds of said City as follows: General Administration Police Fire Public Works TOTAL GENERAL FUND GENERAL FUND $ _290.053.00 57,724.00 285.479.00 $ ~36~654.00 Street Fund Library Fund Liability Insurance Recreation Fund G.O. Bond Debt Service Parks/Rec. capital Projects. Water Fund Sewer Fund Golf Course Airport Trust & Agency Funds TOTAL OTHER FUNDS TOTAL BUDGET OTHER FUNDS $ ~82,834.00 ~3~653.0Q 65,000.00 122,500.00 1,155,000.00 295,745.00 · i'. 313,952.00 1.018.925.00 " 14~825.00 ~$ ~392.771.00 $4~229~425.00 Mayor Passed and approved this 28th day of June 1990. ATTEST: A~hur J. FSchmidt C%ty ~lerk VI. Staff Reports (continued) B. city Attorney Report (continued) 4. Other items: The Attorney reported that the following items would be listed on the next agenda: VIII. a. NDB/AWOS Maintenance agreement b. Ambulance garage lease c. Lake access permit Old Business A. Wastewater Treatment Plant Facility Plan Update, Engineer Selection: Councilman McCarty presented a letter from the selection/interview committee recommending that JUB Engineering be selected for the work. McCarty moved to accept the recommendations of the panel and contact JUB for engineering services on the Sewer Plant project. Larson seconded and the motion carried unanimously. B. Golf Clubhouse: Pay request No. 3 for $162,900 to L.T._G~eneral_.Corp,~_was presented. Lar~on mo~ed ~o approve the request and authorize payment. Wallace Seconded and the motion carried. C. Personnel Reclassification: At Council request, the Mayor ordered this item to the next agenda. D~ SurplUS'Property'Sale:A 'list of surplus'propergy from the fire department was considered. Certain uniforms and turnouts were considered. McCarty moved to declare all material as surplus but to give the turnouts at the fire chief's discretion to another fire protection agency after securing a signed release from that agency. Wallace seconded and the motion carried. 217 IX. XI. XII. XIII. XIV. a conuracu zor auctioneer services with Quentin Selby was presented. After requesting clarification, Wallace moved to approve the agreement, Larson seconded and the motion carried. Wallace then moved to authorize the Mayor to sign the agreement. Larson seconded and the motion carried. E. Impact Fees: After a lengthy discussion, staff was instructed to secure copies of the research upon which these fees are premised and when available, return the matter to the agenda. New Business No new business came before the Council. Board, Committee and Commission Reports Requiring Action A. City Planning & Zoning Commission Meeting of May 29, 1990: The matter of a street vacation request by Charles and Cynthia Taber was considered. After review of the Commission Minutes and the Findings of Fact and Conclusions of Law and to deny the vacation request. Larson seconded and the motion carried. B. Impact Area Planning & Zoning Commission Minutes of June 11, 1990: The matter of a Special Use Permit to conduct a rodeo by McCall Frontier. Days, Inc. was considered. The Commission's Minutes, Findings of Fact and Conclusions of Law and recommendation not to conduct a second hearing were presented. McCarty moved to adopt the Findings of Fact and Conclusions of Law and authorize the Special Use Permit as conditioned by the Findings and Conclusions. Larson seconded and the motion carried. C. Park & Recreation Advisory Committee Minutes oz June 13, 1990: These minutes were reviewed and recommended action for clean-up of the Brown Park parcel by city crews was noted. Wallace moved to approve the recommendations of the Committee and direct staff to proceed with this work on a non-priority basis. McCarty seconded and the motion carried. Correspondence A letter from Senator Symms and a petition from Knowles Road residents were noted. Information Items Receipt of the following items was acknowledged: A. Lett'ers regarding Pebble Beach Compliance, Status only B. Letter from Sherry Garey C. Health Alert, Parks & Recreation June 18, 1990 D. Meeting Calendar Executive Session McCarty moved to adjourn to executive session pursuant to IC 67-2345 subsections (b) and (c) to discuss a personnel matter and acquiring an interest in real property not owned by a public agency. Larson seconded and on a roll call McCarty, Larson and Wallace voted AYE. The Executive Session commenced at 11:30 P.M. and returned to open session at 12:40 A.M. Mayor Allen reported that a personnel matter had been discussed and no conclusion had been reached. He also reported that staff had been instructed on the matter of further negotiations on acquiring the Gentry parcel and that city representatives would be meeting with Sam Kalman regarding the statue of the city streets and alleys intersecting the old railroad-right-of-way. Adjournment At 12:43 A.M., without further business, Wallace moved to adjourn, L~rson seconded and the motion carried ~nanimo~sly~ 219 MINUTES JI/LY 12, 1990 J0~ ~. ~n c3 Mayor II. III. IV. Roll Call & Call To Order Mayor Allen called the meeting to order at 7:00 p.m. Councilmen McCarty, Larson, and Wallace answered the roll call. Mr. Van Komen was absent. Minutes The minutes of June 14 were again presented. Action on the equipment lease-purchase was included. Wallace moved to approve the amended minutes of June 14. Larson seconded and the motion carried. The minutes of June 28 were reviewed. Larson moved to approve the minutes of June 28. McCarty seconded and the motion carried. Claims A list of prepaid and pending claims dated July 8, 1990 was reviewed. Wallace moved to pay the claims. Larson seconded and the motion carried. Mayor and Council Comments and Reports A. Payette River Advisory Group; Mayor Allen introduced Liz Warner who reported on the initial meeting of the group and who volunteered to represent the city. Larson moved to confirm Ms. Warner's nomination and appointment. McCarty seconded and the motion carried unanimously. At 7:15 p.m. Mr. Van Komen arrived. B. Trees, Golf Course: Mr. Larson reported on a tree cutting boundary dispute to which the Police Chief was responding. Staff Reports A. The Ouarterly Financial RePort: The report, dated June 30, 1990 was reviewed. Note was taken of the General Government budget which appears to be over-expended. Mr. Henderson explained that claims this overage represented the mid-year adjustments. After discussion~ van Komen moved and Wallace seconded approval of. the June' 30. fin.anc{~l report for publication. The motion carried. B. City Administrator's Report: 1. July 26 Meeting: The Administrator advised that both he and the City Attorney may be unable to attend the July 26 meeting. Wallace moved to cancel that meeting and meet next on August 9, the first regular August meeting. McCarty seconded and the motion carried. 2. Tennis Court Resurfacing: The Park and Recreation Advisory Committee has recommended that the budget for the court resurfacing (Park Bond Fund) be increased to $10,156. Van Komen moved to authorize the project to increase its budget to $10,156. McCarty seconded and the motion carried. 220 VI. VII. Public Hearing A. Stan Rhees Water Bill: No one appeared to testify at the hearing, scheduled at Mr. Rhees request. The Treasurer reviewed the issue. Mayor Allen declared the hearing closed. The Council took no action. Old Business A. Surplus Property Sale: Staff reported on the July 7 sale which grossed approximately $6600.00. The IBM Display Writer was withdrawn from the sale. Staff asked that two used police cruisers also be declared surplus. Wallace moved to declare the 1981 and 1982 Ford LTD's as surplus and confirm their sale. Van Komen seconded and the motion carried. B. 1990 Street Dust Oil Bids: One bid was received from Crazy Bob's Cut-Rate of Nampa. The bid was 74 cents per gallon in place. McCarty moved to award the bid to Crazy Bob's Cut-Rate at 74 cents per gallon in place and limit the expenditure for oil to $10,000. Van Komen seconded and the motion carried. A discussion of the priority streets to be oiled followed. C. _NDB/AWOS Maintenance Agreement: The agreement with Radio Communications Co/ Frank Vetsch was presented by the City Attorney. Wallace moved to approve the agreement and authorize the Mayor to sign. McCarty seconded and the motion carried. D. Ambulance G~rage Lease: A lease from the county was presented. The Attorney recommended certain deletions from the agreement as presented. Wallace moved to approve the agreement as recommended by the City Attorney. Larson seconded and the motion carried unanimously. E. Drdinan~e 573, Manchester Rezoning: Ordinance 573 was read by title. McCarty moved to suspend the rule requiring that an ordinance be read on three separate occasions. Larson seconded. On a roll call vote McCarty, Larson, Wallace and Van Komen voted AYE. The Mayor declared the rule suspended. McCarty moved to adopt Ordinance 573. Larson seconded and on a roll call vote, McCarty, Larson, Van Komen and Wallace voted AYE. The motion carried and the Mayor declared the ordinance adopted. AN ORDIANCE RELATED TO ZONING;' MAKING FINDINGS, CHANGING ZONE CLASSIFICATION OF CERTAIN PROPERTY LOCATED WITHIN THE CITY OF MCCALL, IDAHO, A/~ENDING THE ZONING ~iAP OF THE CITY OF MCCALL, AND DIRECTING THE CITY ENGINEER TO ENDORSE SAID CHANGE ON SAID ZONING MAP. WHEREAS, proper notices of hearing having been given, published and posted, appropriate public hearings thereon having been held as required by law by the McCall Planning and Zoning Commission and the McCall City Council, and Findings of Fact and Conclusions of Law having been adopted by the McCall Planning and Zoning Commission and the McCall City Council, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL~ IDAHO, AS FOLLOWS: Section 1: ZONING ACTION. The hereinafter described property is rezoned from its current zoning classification, which is B-Residential and Urban Agriculture and Recreation, to C-Commercial, to-wit: A parcel of land situate in Government Lots 1 and 2, Section 9, T. 18 N., R. 3 E., B.M., City of McCall, Idaho, and a portion of Blocks 6 and 7, McCall's First Addition to the Village of McCall, as shown on the official plat thereof of file in Book 1, Page 28 of Plats in the Office of the Recorder of Valley County, Idaho, more particularly described as follows: Commencing at the northeasterly corner of Lot 2, Block 6, of such McCall's First Addition to the Village of McCall, a brass cap set in concrete; thence, N. 81° 25' 00" W., 185.00 feet along the northerly line of said Lot 2 to a 5/8" rebar, the easterly boundary of Mill Park; thence N. 4° 45' 47" E., 165.37 feet to a 1/2" rebar, the REAL POINT OF BEGIN~;ING. Thence, continuing N. 4° 45' 47" E., 204.2~ ~eet i: ~a!~g Said easterly boundary of Mill Park to a ~t on said boundary, 221 Thence, N. 82° 33' 00" W., 124.19 feet to the Present High Water Mark of Payette Lake, ~thence, N..41~56' 32" E., 16.19 feet along the ~re§~ ~'~h ~ater Mark of Payette Lake, thence, N. 22" 00' 21" W., 84.33 feet along said Present High Water Mark, thence, N. 40~ 20' 54" E., 102.71 feet along said Present High Water Mark, thence, N. 77" 54' 14" E., 23.89 feet along said Present High Water Mark, more or less, to the natural and ordinary High Water Mark of Payette Lake (the Old High Water Mark) thence northerly along the natural and ordinary High Water Mark of Payette Lake to the extended southerly line of Lot 8, Block 2, of Sunset Subdivision, as shown on the official plat thereof on file in Book 1, Page 13 of Plats in the Office of the Recorder of Valley County, Idaho thence S. 81° 51' 30" E. to the southwesterly corner of such Lot 8, thence S. 81~ 51' 30" E. a distance of 285 feet, more or less, to the southeasterly corner of Lot 7, Block 1 of said Sunset Subdivision thence N. 32" 36' 30" E., a distance of 652.50 feet, more or less, to the northeast corner of said Sunset Subdivision, a brass cap, thence S. 89~ 26' 54" E., 164.78 feet to what was lately the westerly right-of-way line of .the Union Pacific Rail Road, a brass cap, thence S. 14~ 36' 30" W., 1263.04 along what was lately the Westerly right-of-way line of the Union Pacific Rail Road to the northeast corner of Red Mill Condominium No. 2A (amended) as shown on the official plat thereof on file in the Office of the Recorder of Valley County, Idaho, in Book 7 of Plats, at Page 72, a 1/2" rebar, thence N. 75~ 23' 30" W., 200 feet to the northwest corner of said Red Mill Condominium 2A, a 1/2" rebar, thence S. 14" 36' 30" W., 307.92 feet to the southwest corner of such Red Mill Condominium 2A, the northerly right of way line of Hemlock Street, a 1/2" rebar, thence N. 81" 25' 00" W., 108.87 feet along the northerly line of Hemlock Street to a 1/2" rebar, thence N. 8" 35' 00" E., 225.00 feet to a 1/2" rebar, thence N. 81" 25' 00" W., 228.02 feet to the easterly property line of Mill Park, a 1/2" rebar. Section 2: ZONING MAP. The zoning map of the City of McCall is hereby amended to reflect the above-described zoning classification change, and the City Engineer is hereby instructed to endorse the zoning map accordingly. Section 3. EFFECTIVE DATE. This Ordinance shall be in full 'force and effect from and after its passage, approval and publication as required by law. PASSED AND APPROVED THIS 12TH DAY OF JULY, 1990. ATTEST: _ C~T~ C~R~ .... F. Ordinance 574, pay~tte Lakes Rezoning: Ordinance 574 was read. suspend the rule requiring an ordinance be read on three separate occasions. McCarty seconded and on a roll call vote, Wallace, McCarty, Larson and Van Komen voted AYE and the motion carried. Lumber Compan~ Wallace moved to Wallace moved to adopt Ordinance 574. Larson seconded. On a roll call vote Wallace, Larson and Van Komen voted AYE. McCarty abstained. The Mayor declared Ordinance 574 adopted. ORDINANCS NO. ~'~ ~ AN ORDIANCE RELATED TO ZONING; MJkKING FINDINGS, CHANGING ZONE CLASSIFICATION OF CERTAIN PROPERTY LOCATED WITHIN THE CITY OF MCCALL, IDAHO, AMENDING THE ZONING MAP OF THE CITY OF MCCALL, AND DIRECTING THE CITY ENGINEER TO ENDORSE SAID CHANGE ON SAID ZONING MAP. WHEREAS, proper notices of hearing having been given, published and posted, appropriate public hearings thereon having been held as required by law by the McCall Planning and Zoning Commission and the McCall City Council, and Findings of Fact and Conclusions of Law having been adopted by the McCall Planning and Zoning Commission and the McCall City Council, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, IDAHO, AS FOLLOWS: Section 1: ZONING ACTION. The hereinafter described property is rezoned from its current zoning classification, which is D-Commercial, to E-Industrial, to-wit: Ail that portion of the West 30 acres of the NW 1/4 1/4 of Section 16, T. 18 N., R. 3 E., B.M., City of McCall, Idaho, lying East of the following described line: SE Commencing at the East 1/4 corner of such section; thence S. 89°43' W, a distance of 2,669.93 feet to the center of such section 16, a 1/2 inch rebar; thence S. 0°10'00" W., a distance of 30.00 feet to a 1/2 inch rebar; thence N. 89~43'00'' E., a distance of 559.71 feet to a 1/2 inch rebar; the REAL POINT OF BEGINNING: Thence S. 0~10'00'' W., a distance of 300 feet to a 1/2 inch rebar, the northeast corner of property now or lately of George and Sally Sloane, Thence containing S. 0°10'00" W., a distance of 485.00 feet to a 1/2 inch rebar, along the easterly property line of such Sloane property, Thence S. 17~23'25" E., along such easterly property line a distance of 261.98 feet to a 1/2 inch rebar, the northeasterly corner of Airport Business Park Subdivision; Thence continuing S. 17"23'25" E., along the easterly property line of Airport Business Park Subdivision a distance of 224.75 feet; Thence South to the South boundary of the NW 1/4 SE 1/4 of such section 16. Section 2: ZONING MAP. The zoning map of the City of McCall is hereby amended to reflect the above-described zoning classification change, and the City Engineer is hereby instructed to endorse the zoning map accordingly. Section 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. PASSED AND APPROVED THIS 12TH DAY OF JULY, 1990. ATTEST CITY G. Lake Access Permit, Gilbert:~ A draft agreement was presented. The attorney was directed to alter the agreement to a year to year agreement and direct that Gilbert deposit surety with the Idaho Department of Lands. Larson moved to approve the agreement and authorize the Mayor to sign, subject to the changes as directed. H. Personnel Reclassification: The report on compensation was again reviewed. The administrator outlined certain problems in the current classification and compensation plan. After discussion with'emplo~yees attending the meet'in~, staff was directed to review pay scales and have department heads complete the Hay guide analy:~is for each of their employees. ORDINAI'~CE MO. 572 AN ORDINANCE RELATING TO THE SALE OF PRODUCTS CO~.FfAINING PHOSPHORUS; AMENDING TITLE IV OF ~ VILLAGE CODE OF McCALL, IDAHO, BY 5"rte ADDITION OF A NEW CHAPTER 13, TITLE IV OF ~ VILLAGE CODE OF~McCALL, IDAHO, TO PROVIDE A STATEME~.rP OF PURPOSE, TO PROVIDE DEFINITIONS, TO PROHIBIT COMIfERCIAL OF HOUSEHOLD CLEANING PRODUCTS CO~.rFAINING MORE q~ A ACE QU~2.rFITY OF PHOSPHORUS, TO REQUIRE LABELING, TO PRO~ EXEMPTIONS Al. rD TO PROVIDE A PENALTY. McCALL, IT ORDAINED BY THE MAYOR Al.~D COUI.ICIL OF 51{E CITY OF AS FOLLOWS: Section be, and the }~W CHAPTER, the Village C q/%at Title IV of the Village Code of McCall, Idaho is hereby amended by the addition thereto of a o be known and designated as Chapter 13, Title IV le of McCall, Idaho, and to read as follows: Chapter 13 PRODUCTS CO}~AINING PHOSPHORUS 4-13-1: PURl ,SE: It is hereby determined and declared be necesary and to and for the protection of the safety, and ~e of the p~lic and inhabitants of the to ban, within the ty limits, the commercial sale of hou~ ~ld cleaning products :ontaining more than a trace level phosphorus. 4-13-2: [0NS: For the purpose of this .ter, the following mean: CITY q/ae City of Mc County, Idaho. HOUSEHOLD PRODUCT MAY PERSON PHOSPHORUS SHALL .TRACE QUAI.~ITY~.~I 4-13-3: COM]~ERC product that conta~ shall be sold, offer within the City 4-13-4: sold within the that clearly product to the Household clea: phosphorus phosphates," no prohibitJ 4-13-5: exempt Any domest: al cleaning product, not limited to soaps, deter bleaches and lawn,dry addJ used for domestic Jr core, ere ng purposes, imited to the cleaning fabric-· food utensils and ,~mlses. House- clean duct mean foods, ~s, or per~ care items ~rmissiw (see fir~ ~; .y asso~i~- Is ma~ :cry (se . ~ amount of phosphorus that t of the household cleaning and is present only a conse, of manufacturing and ~s not e: :eed five-tenths percent 0.5%) of ~e content of the product by ~sed as elemental phosphorus. PROHIBI' No household cleaning than a tra ~ ~%antity of phosphorus distributed exposed for commercial sale REQUIRED: All ~ehold cleaning products limits shall have ixed thereto labeling the percent of )horus contained in the earest one-tenth of one p~ rcent (0.1%) accuracy. products that contain c .ly a tract quantity of be labeled "contains no .... contains no similar labeling that ma clear statement that quantity of phosphorus is ;ent in the product. EXEMPTIONS: The following prod% the provisions o~ this Chapter: stocks of household cle~ ~s are specifically B. Automatic dishwater detergent containing e~ght and seventeenths percent (8.7%) or less phosphorus by %~ight expressed as e~emental phosphorus; and, ~ /C. Those products used for cleaning medical or s~rgi.cal eq~pment or supplies in licensed acute care or long-$erm health ca~e medical facilities. 4-13-6: PENALTY: Any person convicted of a violation of this Chapter shall be punished by a fine of not more than three.hur~red dollars ($300.00) or by imprisonment in the county jail of\not more than six (6) months, or by both such fine and impriso~ent. Passed and approved this 12th day of July, 1990. wCity Cley 223 224 VIII. I. Jet-Ski Ordinance: A draft ordinance was presented, the attorney was instructed to include authority to conduct water skiing shows within the boundary. McCarty moved that the line be determined by markers on shore set at 150 yards , more or less, from the shoreline. Van Komen seconded and the motion carried unanimously. The Mayor directed that the revised ordinance be on the August 9 agenda. J. Resolution 11-90, Temporary Street Closure; The City Attorney presented a resolution for temporary closure of certain streets for a Chamber fund-raising event called "Footloose". McCarty moved to adopt Resolution 11-90. Wallace seconded. The motion carried and the Mayor declared the Resolution adopted. New Business A. Ordinance 572, b~ni~g the sale of certaiD phosphate detergents: Wallace moved to suspend the rule requiring an ordinance be read on three sponsored occasions. Larson seconded and on a roll call vote , Wallace, Larson, Van Komen and McCarty voted AYE. The rule was suspended. The Council directed an amendment to the ordinance, deleting a six month period in which to dispose of existing inventory. The ordinance then allowed sale of existing inventory without that time limit. After discussion the Council directed staff to advise local retailers and wholesalers of the ordinance. Wallace moved to adopt Ordinance 572. Van Komen seconded. On a roll call vote, Wallace, Van Komen, Larson and McCarty voted AYE. Mayor Allen declared the Ordinance adopted. 0~DII.~m.~CE 1.~o. 572 ;d.[ ORDINId.~CE RELATING TO THE SALE OF PRODUCTS COI.FYAINING PHOSPHORUS; A/IE}~ING TITLE IV OF THE VILLAGE CODE OF I~cCALL, IDAHO, BY THE ADDITION OF A NE%~ CHAPTER 13, TITLE IV OF THE VILLkGE CODE OF McCALL, IDAHO, TO PROVIDE A STATEMEI.~F OF PURPOSE, TO PROVIDE DEFINITIONS, TO PROHIBIT COr~RCIAL SALE OF HOUSEHOLD CLEANING PRODUCTS CO].rFAINING MORE TH)&; A TRACE QUAI.~?ITY OF PHOSPHORUS, TO REQUIRE LADELING, TO PROVIDE EXEP~TIONS A/.~ TO PROVIDE k PENkLTY. BE IT ORDAII.~D BY THE rb\YOR A/.~ COUI.~CIL OF THE CIq~/ OF HcCALL, IDAHO, AS FOLLOWS: Section I. Tb=t Title IV of the Village Code of l~cCal!, Idaho, be, ar~ the same is hereby amended by the addition thereto o~ a ~.~W CHAPTER, to be known and designated as Chapter 13, Title IV the Village Code of McCall, Idaho, and to read as Chapter 13 PRODUCTS COI.FYAIHIHG PIt0SPHORUS 4-13-1:. PURPOSE: It is hereby determined and declared to be necesary and conducive to and ~or the protection of the health. safety, and w,,lfare of the p%ublic and inhabitants of the City to ban, within the City limits, the commercial sale of household cleaning products containing more than a trace level of phosphorus. 4-13-2: DEFINITIONS: For the purpose o[ this Chapter, the following mean: The City of lIcCall, Valley County, Idaho. CITY HOUSEHOLD CLE~d. IIHG PRODUCT MAY PERSON PHOSPHORUS Any domestic or commercial cleaning product, including, but not limited to soaps, detergents, laundry bleaches and laundry additives used for domestic or commercial cleaning purposes, including but not limited to the cleaning of fabrics, dishes, food utensils and household and commercial premises. House- hold cleaning product does not mean foods, dr~gs, cosmetics, or personal care items such a3 toothpaste, ~hampoo or hand soap. Is permissive (see "shall"). ~y i~ividual, firm, company, associa- tion, society, corporation or group. Elemental phosphorus. SHALL Is mandatory (see "may"). IX. TRACE QU~'~I~f An incidentallamdt~ 0~Ph°sphorus tbit is not part of {he househo!d cleaning product formulation and is present only as a consequence of manufacturing and does not exceed five-tenths percent (0.5%) of the content of the product by weight exPressedas~elemental phosphorus. 4-13-3: COi~RCIAL SALE PROHIBITED: ~o household cleaning product that contains more than a trace ~antity of phosphorus shall be sold, offered, distributed or exposed for commercial sale within the City limits. 4-13-4: LABELING REOUIRED: All household cleanin~ products sold within the City limits shall have affixed thereto labeling that clearly indicates the percent of phosphorus contained in the product to the nearest one-tenth of one percent (0.1%) accuracy. Household cleaning products that contain only a tract quantity of phosphorus may be labeled "contains no phosphorus," "contains no phosphates," or similar labeling that makes a clear statement that no prohibitive quantity of phosphorus is present in the product. 4-13-5: EXEMPTIONS: The following products are specifically exempt from the provisions of this Chapter: A. Existing stocks of household cleaning h~%n~v~r, t,ha-~-~uc~, s~ock~ shall bu su ~^c~pt for B. Automatic dishwater detergent containing eight and seven-tenths percent (8.7%) or less phosphorus by weight expressed as elemental phosphorus; and, C. Those products used for cleaning medical or surgical equipment or supplies in licensed acute care or long-term health care medical facilities. 4-13-6: PENALTY: Any person convicted of a violation of this Chapter shall be punished by a fine of not more than three.hundred dollars ($300.00) or by imprisonment in the county jail of not more than six (6) months, or by both such fine and imprisonment. Passed and approved this 12th day of July, 1990. ~City Cle.~ B. Notice of Cla~m~-'~. BotCher; Receipt of the claim was acknowledged and staff directed to forward it"to the City Attorney and insurance carrier. Correspondence Letters from Hartford Insurance and Susan Waters were noted. 225 X. Other A. An oral staff report on discussions of July 10 with Mr. Kalman was requested. Staff reported on those discussions. B. Annexation of the lake would require a zone. Council directed the matter to the City Planning and Zoning Commission. XI. Adjournment Without further business, Larson moved to adjourn. Van Komen seconded and the rising vote carried. Arthu~ J/ ~~t' City Clerk Mayor 226 McCAT.T. CITY COUNCIL MINUTES AUGUST 9, 1990 call to Order ~nd Roll Call. Mayor Allen called the meeting to order at 7:00 p.m. Councilmen McCarty, Van Komen, and Larson answered the roll call. Mr. Wallace was absent. II. }{inute$ The minutes of July 12 were presented. Mr. Van Komen requested that the Council's action amending Ordinance 572, banning phosphate detergents to allow the exhaustion of inventories without time limits, be noted. The Mayor so ordered. The Mayor ordered, without objection, that the minutes be filed as amended. III. Payment of Claims. A list of prepaid claims dated July 23 and a list of pending claims dated August 5 were presented. Council inquired about food and lodging costs for the police officer exchange for festivals and events. Staff will investigate and respond. Van Komen then moved to pay the claims. McCarty seconded and the motion carried unanimously. IV. CQnsent Calendar The following items were listed on the consent calendar. Catering permits as follows: A. Lardo's Grill and Saloon, July 25, 1990 B. Lardo's Grill and Saloon, July 26 & 27, 1990 C. The Mill, July 28, 1990 D. si Bueno, July 28, 1990 E. si Bueno, August 11, 1990 F. The Yacht Club, August 11, 1990 G. Shore Lodge, August 11, 1990 Van Komen moved to approve the consent calendar. McCarty seconded and the motion carried. Mayor and Council Comments and Reports Mayor Allen nominated Tim Swanson to a six year term, commencing July 1, 1990 to July 1, 1996, on the city Planning and Zoning Commission. McCarty moved to confirm the nomination. Van Komen seconded and the motion carried unanimously. VI. St~ff Reports A. City Administrator's Report: A written report dated August 7 noting lightning damage to the AWOS system, a schedule for renovation of the tennis courts, the abandonment of lease efforts by Gilberts pile driver, the addition of the navigable water zone to the proposed zoning ordinance, and airport fencing efforts was noted. The Administrator requested direction on a proposal to Valley County regarding the lease of space in the back of the library building for the county to provide auto licensing and driver's examinations in the city. The Council directed that the proposal include separate electrical service, then Mr. Larson moved to direct staff to prepare a proposal and forward it to the county. McCarty seconded and the motion carried unanimously. The administrator further reported a theft at the library. The Council asked that cash loss insurance be reviewed and considered further. On behalf of Mr. Ertter, Chairman of the City . Planning and Zoning Commission, the Administr~ advised that the Commission was polled an~ recommended that the Council conduct a second hearing on the request by Douglas Manchester for variances, special us~ Permits and a street vacation. Staff recommended that a special meeting be set for September 20, 1990 at a place to be arranged. McCarty moved and Larson seconded to set the hearing for September 20. The motion carried unanimously. The administrator advised that a "consistency determination" must be made on the phosphate ban ordinance by the Department of Health and'Welfare for as part of its "Nutrient Management" program. The Administrator reviewed a letter from the Police Chief and advised the Council that he had directed the Golf Superintendent to have all golf course equipment inspected by a certified mechanic. A request for an executive session to discuss land acquisition was made and acknowledged. B. City Attorney's RepOrt The City Attorney reported the status of the AWOS Maintenance Agreement, the Gilbert Lease, The Ambulance Garage lease and the Jet-Ski Ordinance. C. City Treasurer's Report A letter dated July 16, to the Valley County Commission requesting special assessments against Steven Gray and John Williams was presented. Van Komen moved to authorize the request. McCarty seconded and the motion carried. The monthly financial report for July 30 was presented. Van Komen moved to approve the report, McCarty seconded and the motion carried unanimously. VII. Qld Business A. "Jet-Ski" Ordinance A draft of the ordinance was discussed. The Council concurred on the approach to marking the zone. The Council requested that the Waterways Commission be asked to fund the markers. Until markers are located and placed, the ordinance would not be adopted. B. Golf Clubhouse 1. Sprinkler System: A dry system was installed. A lengthy discussion and presentations by the mechanical engineer and system installer followed. the architect was instructed to secure warranties on the work from all parties. 2. Change Order No. 5: Change order No. 5 was approved after discussion. Item 15 was to be deleted in exchange for six additional days in which to complete the work. Larson moved to approve change order No. 5 and direct the architects to secure considerations from contractors to resolve and~investigate items No. 6,. 7,. and 10.o~ Van-'Komen seconded and -the- motion~-'carried. 3. Pay Request No. 4: A pay request from Lt. General for $112,443 was presented. Van Komen moved to approve the request. Larson seconded and the motion carried. C. Impact Fees A letter from lee Nellis regarding impact fees was reviewed. After discussion, the matter was removed from the agenda. 228 D. Gentry RequeSt A request by Nancy Gentry~ for an insurance certificate on her property being used for park purposes was noted. Staff reported that the coverage and certificate had been requested upon receipt of the letter. The extension of coverage is at no cost to the city. Van Komen moved to confirm and approve the extension of city liability coverage to the Gentry property. McCarty seconded and the motion carried. E. River Crossing, 1990 Sewer Replacement Project Toothman-Orton Engineering presented plans and specifications for the project. After discussion, McCarty moved to approve the plans and specifications and call for bids. Larson seconded and the motion carried. F. Water System Master Plan Mike Choate of JUB Engineering presented the final report on the water system master plan. The Council asked to review.the document and reschedule action on the next agenda. G. Ponderosa / Reedy Water Main Improvements Mr. Choate presented the plans and specifications for the above referenced improvements. After discussion, McCarty moved to approve the plans and specifications and call for bids subject to review by the city Attorney. Van Komen seconded and the motion carried. VIII.New Business A. AIC Legislative Committee McCarty moved to authorize the City Administrator to serve on the AIC Legislative Committee for the 1991 Legislative session. Van Komen seconded and the motion carried. B. Budget FY 1990-1991 The preliminary financial plan was presented for FY 1990-1991. A schedule for work-sessions to meet state required deadlines was reviewed. The Council determined to recess this meeting to August 13 at 7:00 p.m., then continue the recess to August 16 at 2:00 p.m. and further, as may be required. C. Beer and Wine License, "My Father's Place" McCarty moved to approve the applications for beer and wine licenses for My Father's Place. Van Komen seconded and the motion carried. IX. Board, Committee and Commission Reports Requiring Action Transportation Committee, July 18 The minutes were accepted for filing without action. Bm Impact Planning and Zoning, June 25 The minutes were accepted for filing without action. Correspondence A. Letters from Lewis and Judy Clark Leaders Institute were noted. and the City 'B. Letter from James Hill representing the Lakeview Village Users Association was presented. Mr. Hill appeared and discussed plans. Mr. Hill requested a letter of support for the Association's efforts to lease the property. Van Komen moved, McCar%~' seconded to prepare a letter. The motion carried. Letter from Atuurney Schoenhut: This letter notified that snowmobiles will no longer be permitted to pass on Chet McGuinnes' property east of the river. The matter is to be forwarded to the snowmobile club and staff for further discussion. Letter from Mr. Vandenberg: The Council asked that staff investigate increasing the speed on Warren Wagon Road and Lick Creek (around the lake) from 25 mph to 35 mph.. Letter from Kay Forest: The Council asked that the two hour parking limit be reviewed at the end of the summer tourist season. XI. Executive Session At 11:15 p.m. McCarty moved to adjourn to Executive Session pursuant to IC 67-2345 (C) to discuss acquiring land not owned by a public agency. Van Komen seconded and on a roll call McCarty, Van Komen and Larson voted AYE. The Council moVed to closed session. At 11:35 p.m. the Council returned to open session. Mayor Allen reported that real estate acquisitions had been discussed and no decisions made in this session. XII. Resolution 12-90 The City Attorney presented Resolution 12-90 regarding public streets on the Union Pacific Railroad right-of-way. Van Komen moved to adopt Resolution 12-90. Larson seconded and the motion carried. XIII.Reces$ Van Komen moved to recess the meeting to 7:00 p.m. on August 13, 1990. McCarty seconded and the motion carried. 229 Arthur J. ~hmi~t City Administrator Joh~A J. ~len ~3 Mayor McCAI.L CITY COUNCIL MINUTES AUGUST 17, 1990 (Recessed 9 meeting, through August 13, and 17) I. Eall Call II. Council President back to order al A. ~el ad' the sue, McCal would rec, '~ve a Catty calle~ ~sed meeting t' z r ner alscussion of ~rify that all employees adjustment on October 1, based upon sala . V~ Komen seconded and the m°ti°.~9~ ~ The.~ou/~.il's in~ nt is to use funds iden~fied for a 5% merl~D/ralse, approximately $20,000, ~o cor~ct problems in/~e classification system, which may~esult in ~reater or less than 5% raises for any s~cific employee. ,, ~ 230 MCCALL CITY COUNCIL MINUTES August 13, 1990 (Recessed from August 9, 1990) I. Call to Order: The recessed meeting of the August 9, 1990 City Council Meeting was reconvened and called to order by Council President McCarty at 7: 00 p. m. August 13 , 1990. Councilmen McCarty, Wallace and Larson answered the roll call. Councilman Van Komen arrived later. II. Budget Worksession:. Budget Overview: City Administrator Schmidt presented an overview of the preliminary budget document. personne% Classification Plan: Council President McCarty opened the meeting for discussion of salary/classification issues. The following city employees testified: Dean Muchow Pat Patterson Stan Cline Mike Allen Nancy Lockhart After discussion Mr. Wallace moved to adopt the mechanism of the Hay system and the classification plan as proposed. The motion died for the lack of' a second. After further discussion, Mr McCarty moved to direct the staff to draft specific language to be set in policy whereby: (1) Supervisors are to be given a specific percentage for merit increases for each employee, (2) Supervisors are not required to allocate this percentage equally, but unequal merit increases must be fully explained to the supervisors' supervisor an.d.., to the employees involved; (3) Supervisor's are to evaluate each employee annually. Mr. Larson seconded and the motion carried. III. RECESS: Mr. Wallace moved to recess until August 16, 1990 at 2:00 p.m. Mr. Larson seconded and the motion carried. ~y Cle~ff)~/~ -- -- M~yor,Ci / McC~TJ. CITY COUNCIL MINUTES AUGUST 16, 1990 (Recessed from August 9 to August 13 to August 16) At 2:00 p.m., the scheduled time for a Budget Work-Session, only Mr. Van Komen was present. At 2:35 p.m. a quorum was present. I. Call to Order and Roll Call: Mr. Van Komen called the meeting to order. Councilmen Van Komen, Larson 'and Wallace answered the roll call. II. B~dget workses$~o~.: The Council reviewed all General Fund programs and budgets and balanced same. Mr. McCarty arrived at 3:28 p.m. Mr. Wallace was absent from 3:50 to 4:50 p.m. III. Recess: At 6:50 p.m. Wallace moved to recess until 2:30 p.m. on Friday, August 17, 1990. the motion carried. Van Komen seconded and Jo~ J. ~len Mayor McCALL CITY couNCIL MINUTES AUGUST 17, 1990 (Recessed August 9 meeting, through August 13, 16 and 17) 231 II. Call to.Order and Roll Call Council President McCarty called the recessed meeting back to order at 2:30 p.m. Budget Work-Session. A. Personnel adjustments: After further discussion of the issue, McCarty moved to clarify that all employees would receive a 4% cost-of-living adjustment on October 1, based upon current salary. Van Komen seconded and the motion carried. The Council's intent is to use funds identified for a 5% merit raise, approximately $20,000, to correct problems in the classification system, which may result in greater or less than 5% raises for any specific employee. B. Enterprise Fund Review: The Golf Fund was discussed and a unanimous consensus was to explore abandonment of a pro-contract and operate the facility as a city run course. Concession agreements for the food and beverage operation was discussed. The Airport Fund was received and balanced. Direction was given to examine the leases on the existing hangars and renegotiate if possible. All funds were adjusted to the satisfaction of the Council. Wallace moved to adopt the preliminary Financial Plan, and to notice a public hearing on the budget for September 7, 1990 at 5:00 p.m. Van Komen seconded and the motion carried unanimously. III. Adjournment Wallace moved to adjourn at 6:00 p.m. seconded and the motion carried. Van Komen John~. A1 le~ Mayor -McCall 'CITY COUNCIL MINUTES AUGUST 23, 1990 Call to Order and Roll Call Mayor Allen called the meeting to order at 7:15 p.~ Councilmen' McCarty, Wallace and Larson answered the roi call. Mr. Van Komen was absent. II.. Minutes The minutes of the August 9th, 13th, 16th and 17t meetings were presented. Corrections were ordered the August 9th and 17th minutes. Without objection th Mayor ordered the minutes of the four meetings filed, amended. III. glaims A list of claims dated August 19, 1990 was reviewed Wallace moved to pay the claims as presented, Larso seconded and the motion carried. 232 IV. ~onsent Calen.dar The following were listed on the consent calendar, catering permits for : A. Lardo's Grill and Saloon, August 10, 1990 B. Shore Lodge, August 11, 1990 C. The Mill, August 11, 1990 Wallace moved to approve the consent calendar. seconded. The motion carried. Larson V. Mayor and Council.Comments and Reports A. Mayor Allen thanked the Council for ensuring the continued operation of the city during his illness. B. Councilman McCarty asked staff to respond to questions published this date in the $~ar News about the Urban Redevelopment Authority land trade and.zoning issues by the "Coalition of Concerned Citizens". VI. Staff Reports A. City Administrator's Report: The Administrator reviewed the written report dealing with the exchange of police officers with other cities for special events. He requested an executive session and reported on the sewer project status. The Council was invited to the September 2 dedication of the Golf Clubhouse, 5:30 - 7:30 p.m. B. City Treasurer's Report: A memo regarding cash loss insurance was presented. No action was taken. C. City Attorney's Report: illness. No report. Counsel was absent due to VII. Old Business A. Water System Master Plan: After review Council expressed concern about the continued dependence upon wells, apparently anticipated by the revision. Concern about the Mission Street line was also expressed. Council asked to have the engineer return on September 13 for further discussion and final action, if appropriate. B. Golf Clubhouse: No action was requested on the project. VIII.New Business A. Notice, contract termination, John Drips, Inc: A letter from Mr. Drips advising the PGA that he will not be renewing his contract after its December 31, 1990 expiration was received. Wallace moved to acknowledge receipt of the notice and accept it. Larson seconded and the motion carried unanimously. The matter of operating golf play at the course for future years was then referred to the Golf Committee and a recommendation from the on the matter was requested by the September 13 Council meeting. B. ECO Recycling, presentation: Tony and Cindy LeBrett discussed their recycling efforts and requested help from the city. They were interested in city land for collection sub-stations. Mr. Larson agreed to present the program and requests to the VALUED Board for their consideration. C. Applications for beer and wine licenses, Frank Martin, dba Thunder Mountain Smokehouse: McCarty moved to approve issuance of the licenses if approved by the Police Chief. Wallace seconded and the motion carried. IX. Board, Committee and Commission Reports Requiring Action Airport Committee,~ August 8, 1990: 1. Tenant LeaSes: ' ~;iii~nal draft~of a tenant lease to Michael Anderson, dba MOTECH was reviewed. An identical lease to Donald Beck was also discussed. Wallace moved to approve the leases subject to the City Attorney's approval. McCarty seconded and the motion carried. 2. Parking fee collection: Staff requested, with the agreement of McCall Air Taxi, to rescind the appointment of MATCO as an agent of the city to collect transient tie-down fees and log commercial landings. The Mayor so ordered without objection. X. Correspondence A letter to Valley County Commissioner Allen was noted regarding space for providing county services to the city. XI. Information Items A. A letter from the Idaho Resources was noted. Department of Water B. An application for a dock permit for the net pen rearing program was considered. Wallace moved to authorize the Mayor to sign the application to Idaho Department of Lands for a dock permit and to receive a presentation on September 13 to ascertain the city's obligations and responsibilities for this program. Larson seconded and the motion carried. XII. Executive Session McCarty moved to adjourn to Executive Session pursuant to lC 67-2345 (C) to discuss acquiring land not owned by a public agency. Larson seconded and on a roll call, McCarty, Larson and Wallace voted AYE. The Executive Session began at 8:20 p.m. and the City Council returned to open session at 8:35 p.m. Mayor Allen reported that two property acquisition were discussed and directed staff to secure a title search on one parcel discussed. XIII.Adjournment 233 McCarty moved to adjourn at 8:37 p.m. and the motion carried. Wallace seconded Arthur J. ~6hmldt City Administrator Mayor McCALL CITY COUNCIL MINIrUES SEPTEMBER 7, 1990 SPECIAL MEETING call to Order and Roll Call Mayor Allen called the meeting to order at 5:00 p.m. Councilmen McCarty, Van Komen, Wallace and Larson answered the roll call. 234 II. Public Hearinq, FY 1990-1991 B~dget, Appuopriation Ordinance No. 572 Mayor Allen opened the public hearing. Ordinance 575 was presented. Staff commented upon the document. No one appeared to be heard. No written comment was received. The hearing was closed. Wallace moved to suspend the rule that an ordinance be read on three separate occasions. Van Komen seconded and on a roll call vote, Wallace, Van Komen, McCarty and Larson voted AYE. The motion carried. The rule was suspended. McCarty moved to adopt Ordinance 575. Van Komen seconded. On a roll call vote, McCarty, Van Komen, Larson and Wallace voted Aye. The Mayor declared Ordinance 575 adopted. CITY OF MCCALL ORDINANCE NO. 575 AN ORDINANCE ENTITLED THE ANNUAL APPROPRIA- TION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER l, 1990, APPROPRIATING THE SUM OF $3,717,335 TO DEFRAY THE EXPENSE AND LIABILITIES OF THE CITY OF MCCALL FOR SAID FISCAL YEAR, AUTHORIZING A LEVY OF A SUFFICIENT TAX UPON THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSES FOR WHICH SAID APPROPRIATION IS MADE. BE IT ORDAINED by the Mayor and City Council of the City of McCall, Valley County, Idaho. Section 1: That the sum of $3,717,335 be, and the same is appropriated to defray the necessary expenses and liabilities of the City of McCall, Valley County, Idaho for the fiscal year beginning October 1, 1990. Sectio~ ~; The objects and purposes for which said appropriation is made, and the amount of each object and purpose is as follows: ESTIMATED EXPENDITURES: GENERAL FUND Public Safety: Law Enforcement Fire Protection Building Inspection Total Public'Safety Planning and Zoning General Government Finance and Administration Magistrate Court Legal Counsel Culture and Recreation To~al General Fund $ 222,700 71,953 27.870 $ 322,523 17,750 70,457 155,557 16,050 24,850 16.891 $ 624,078 OTHER FUNDS: Public Works $ 300,181 Streets 169,209 : Library 62,492 Liability Insurance 65,000 Recreation 48,331 Drug Enforcement 9,650 Bond Redemption 115,175 Parks/Recreation Capital Projec~ .615,000 Water 827,059 Sewer 458,756 Golf 341,209 Airport 63,535 Trust and Agency Funds 17,60Q Total Other Funds $3,093,257 TOTAL BUDGET $3,717,335 section 3: That a general tax levy on all taxable property within the City of McCall be levied in an amount allowed by law for the general, purposes for said City, for the fiscal year beginning October l, 1990. Sectio~ ~; Ail ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 5: This ordinance shall take effect and be in full force upon its passage, approval and publication in one issue of the Central Idaho Star News, a newspaper of general circulation in the City. of McCall, and the official newspaper of said City. PASSED A/~D APPROVED this 7th Day of~ September 1990. ATTEST: Jo~N\ J. ALL'ND III.Water Line. Project ~ ~ A. Addendum No. 1 to the Plans and Specifications for the Reedy / Ponderosa Street water line project. Wallace moved to aPprove~ Addendum No. 1. Larson seconded and the motion carried unanimously on a voice vote. B. Award of Contract: Bids on the Reedy / Ponderosa water line project were opened on Thursday, September 6. Seven bids were received. JUB Engineering had analyzed the bids and the Council reviewed the bid summary. The engineers recommended award to Bechtold Construction of Eagle, Idaho for $116,506.33. After discussion, Van komen moved to award the bid for the Reedy / Ponderosa Street water line improvement project to Bechtold Construction for $116,506.33, to direct the Engineers to negotiate reduction of unit prices on bid items 8-15 for quantities greater than those specified, and to authorize the Mayor to sign the Notice of Award. Wallace seconded and the motion carried unanimously. IV. Tax Levy Certification Van Komen moved to direct the Mayor and Clerk to execute the required forms to certify the tax levy to the County Clerk. McCarty seconded and the motion carried unanimously on a voice vote. V. Adjournment At 5:12 p.m. without further business, Wallace moved to adjourn, Van Komen seconded and the motion carried. 235 Arthur J~midt City Admiffistrator Jo~n~ J. A/1-1~n ~'~ Mayor McCATff. CITY COUNCIL MINUTES SEPTEMBER 13, 1990 I. gall to Order and Roll Call Mayor Allen called the meeting to order at 7:15 p.m. Councilmen McCarty, Larson and Wallace answered the roll call. Mr. Van Komen was absent. The Mayor declared a quorum present. II. Minutes Minutes of the August 23 and September 7 meetings were presented. After review and without objection, the Mayor ordered both sets of minutes filed as presented. III. Claims A list of claims dated September 10 was presented. Wallace moved to pay the claims as listed. Larson seconded and the motion carried. IV. Consent Calendar The following items were listed on the calendar: Catering'Permits 1. Lardo's Grill and Saloon, August 25, 1990 2. Lardo's Grill and Saloon, September 2, 1990 3. Shore Lodge, September 4, 1990 236 Committee Minutes 1. Impact Planning & Zoning, August 27, 1990 2. Airport Advisory Committee, September 5, 1990 Wallace moved to approve the consent calendar. seconded. The motion carried. Larson V. Mayor and council Comments and Reports ae Mayor Allen presented the following appointments and requested Council consent: 1. Max Williamson, to Park and Recreation Advisory Committee; 2. Kathy Killan, to Park and Recreation Advisory Committee; 3. Gordon Colburn, to Airport Advisory Committee; 4. Tom Kerr, to Transportation-Advisory Committee. McCarty moved to confirm all of the appointments. Wallace seconded and the motion carried. Mr. Wallace requested that a letter of thanks be directed to the Payette Forest for the loan of a flail mower. The Mayor agreed to write that letter. The two hour parking limitation at the old Depot site was discussed. Wallace moved to remove that designation from the lot. Larson seconded and the motion carried. Mr. Van Komen arrived at 7:25 p.m. VI. Staff Reports city Administrator: The Administrator's written report noted completion of the Wooley Street water line, of the airport fencing project, of repair of the retaining wall at Rotary park and of the tennis court rehabilitation. Also noted was the intent of the McCall ambulance to leave the airport. Action was requested to set a sewer capitalization fee for the USFS daycare facility. McCarty moved to set the fee at $1426.00 as recommended. Larson seconded and the motion carried. Action was also requested to cancel the 1990 sewer repair project, the station 7 river crossing work, due to easement problems. McCarty moved to cancel the 1990 Sewer Replacement Project. Wallace seconded and the motion carried. Action was requested to impose deed restrictions on certain park properties. McCarty moved to file the deed restrictions on the Brown parcel and on the "3rd Street extension" parcel. Larson seconded and the motion carried. City Attorney Report: The city Attorney requested an Executive Session ~pursuant to IC 67-2345 subsection (C) and to discuss land acquisition and request advice of Council on pending litigation. The Mayor also advised that he would like top discuss a personnel matter and would also ask that the session be expanded to subsection B, to include discussing the matter. city Treasurer's Report: Monthly report, ending 'August 31, 1990.' Van Komen moved to accept the report. Wallace seconded and the motion carried. VII. Old Business Water System Master Plan: Mr. Wagner appeared to further discuss the plan. After discussion and clarification, Wallace moved to adopt the amended Water System Master plan. McCarty seconded and the motion carried unanimously. wa±±ace nnen movea no ~recu unau ~esu pump±ng De conducted on the Klind ~Well, Larson seconded the motion. Discussion foliowed on the procedures for engaging the services. After discussion, the motion carried· Reedy/Ponderosa Street water Line Project: Co~tracts for the project were presented. The contractor anticipates a September 24 commencement of construction. McCarty moved to approve the contract, and authorize the Mayor to sign subject to review by the City Attorney, and subject to change order reflecting reduced unit prices for valves and fittings. Van Komen seconded and the motion carried on a roll call vote with McCarty, Van Komen, Larson and Wallace voting AYE. Sewage Treatment Facility Plan 0pdate: work was discussed. The scope of Personnel Classification Plan: A comparison of McCall positions with other city's and the state Labor Department surveys was presented. Council asked that the matter be rescheduled to the September 27 agenda and that an October worksession be scheduled at that time on the matter. Golf Clubhouse: Mr. Laidlaw presented the certificate of Substantial Completion and recommended August 31, 1990 as the substantial completion date. McCarty moved to adopt August 31 as the date of substantial completion and authorize the Mayor to sign the certificate. Van Komen seconded and the motion carried unanimously. Change Order No. 6 to the clubhouse contract with LT General was presented. The order results in a $3,156 deduction from the contract price. Wallace moved to approve Change Order No. 6. Van Komen seconded and the motion carried unanimously. The matter of retainage was discussed. Laidlaw recommended that $5,000 be retained to ensure completion of the items on the September 13 punchlist. Wallace moved to remit the retainage to the contractor, holding $5,000 until pending items are completed and to forward that check to Mr. Laidlaw which will be released to LT General after lien releases are received from suppliers and subcontractors. Van Komen seconded and the motion carried. VIII.New Business ae Resolution 13-90, Federal Surplus Property: This resolution renews the city's eligibility for surplus property and designates the Public Works director as the city's agent. Van Komen moved to adopt Resolution 13-90. McCarty seconded and the motion carried. Be Dock, Garnet Street: Correspondence was received from the Idaho Department of Lands and from Attorney Burton on the matter. No action was taken. Copier Purchase: The City Treasurer presented a list of quotes on copy machines. Van Komen moved to purchase the Sanyo at $5495. Wallace seconded and the motion carried. De Notice of Claim, Dick and Kathleen Yoakum: Wallace moved to acknowledge receipt of the claim and confirm the action of the clerk in notifying the insurance carrier and City Attorney. Van Komen seconded and the motion carried. Grant Amendment No. 1, Airport ImprOvement Project, #3-16-0023-02: McCarty moved to approve the grant amendment. Van Komen seconded and the motion carried unanimously. 237 iX. Board, Committee and Commission Reports Requiring Action A. Planning and Zoning Commission, August 7 1. Sprague Variance: After review of the matter, McCarty moved to .adopt the City Planning and Zoning Commission's Findings of Fact and Conclusions of Law and to approve the Variance as requested. Van Komen seconded and the motion carried unanimously. 2. Mitchell Variance: After discussion, McCarty moved to adopt the City Planning and Zoning Commission's Findings of Fact and Conclusions of law and to approVe the Variance~as requested. Van Komen seconded and the motion carried unanimously. I-mpact Planning and Zoning Commission, August 21: The Farber Variance matter was reviewed. McCarty moved to approve the Variance for the storage shed and adopt the Area of City Impact Planning and Zoning Commission's Findings of Fact and Conclusions of Law in the matter. Van Komen seconded and the motion carried. City Planning and Zoning Commission, August 21: The matter of a request for a special use permit to operate a Golf Clubhouse in the A Zone was presented. After consideration, Wallace moved to authorize the Special Use Permit and adopt the Commission's Findings of Fact and Conclusions of Law and subject to the conditions contained therein. Larson seconded and the motion carried unanimously. D. Golf Advisory Committee, August 29 1. Lifetime Pass Privileges: Van Komen moved to approve the lifetime pass privileges as outlined in the committee minutes of August 29. Larson seconded and the motion carried. 2. Organizational Arrangement: The committee's recommendation to continue with a management fee contract arrangement was noted. The Council elected to set a special joint meeting with the Golf Committee on September 17 to discuss the meeting. The Council also acknowledged receipt of the Committee's August 14, August 29 and September 6 meetings. E. Park and Recreation Advisory Committee, September 5 1. Net Pen Rearing Project: Larry Smith outlined the project, as requested by Council at its prior meeting. After discussion, Van Komen moved that the city accept ownership of the dock, conditioned upon the representation that maintenance and operation of the facility would not become a city obligation, and subject to securing proper insurance coverage. Larson seconded and the motion carried. 2. Deed Restrictions: Wallace moved to enter the Brown parcel and the parcel that is north of the 3rd Street on the National Park Service inventory. Larson seconded and the motion carried. 3. Tennis Courts: Wallace moved to . accept the committee recommendation to seal coat the basketball court for $1200 to complete the project. Van Komen seconded and the motion carried. XI. XII. Correspondence. A. A letter from Valley County regarding solid waste . was noted and filed. B. Letters from Donl Chapman, Bette Trial and Louis Chub regarding the golf operation were noted. C. Census: The preliminary census figure for the city was noted. The council requested that the Mayor protest. The Mayor agreed to respond. Information Items Receipt of the following materials was noted: A. Aic Action Bulletin B. Letter from Nelle Tobias C. Calendar Other. The Administrator requested that a water line extension be approved to the old depot, using surplus city pipe. Van Komen moved to approve the project, Wallace seconded and the motion carried. ACtion was also requested to extend the Knowles Road sewer line south by 300' 'at a cost of approximately $1200. Wallace moved to authorize the work. Van Komen seconded and the motion carried. XIII. Executive Session At 10:38 p.m. McCarty moved to adjourn to Executive Session pursuant to IC 67-2345 Subsections (B), (C) and (F). The purposes being to discuss a personnel matter, to advise counsel, and to discuss land acquisitions. Van Komen seconded and the motion carried on a roll call vote, McCarty, Van Komen, Larson and Wallace voting AYE. At 11:30 p.m., the Council returned to open session. Mayor Allen announced that allegations against the City Administrator have been investigated and resolved and the matter is closed. He further instructed the City 'Administrator to proceed with negotiations on a certain parcel as was discussed. He noted the city Attorney had been advised on a matter of pending litigation. XIV. Adjournment At 11:31 p.m., without further business, Wallace moved to adjourn, Larson seconded and the motion carried on a rising vote. 239 Arthu~ J. ~chmidt City Adm~(strator McCALL CITY COUNCIL MINUTES SEPTEMBER 17, 1990 SPECIAL MEETING Mayor I. Call to Order Mayor Allen called the meeting to order at 7:00 p.m. and indicated that all Council members and the entire Golf Course Advisory Committee were present. The purpose of the meeting was to meet with the Golf Advisory Committee to consider the organization of the golf play operation subsequent to Mr. Drips' departure at the end of the 1990 season. 240 II. Golf Operation Following a staff report identifying city operation and a management contract as the two relevant alternatives, Mr. Engen presented the Committee's recommendation. After discussion, McCarty moved to accept the Committee's recommendation for a management contract, as is currently the practice. Van Komen seconded and the motion carried unanimously. After further discussion, Wallace moved to direct that the contract be for a three year period, with a one year review and termination clause, Larson seconded and the motion carried unanimously. After discussion of the food and beverage operations, Larson moved to let a separate contract for these services and that those services include licensing of the premises to serve alcoholic beverages. Van Komen seconded and the motion carried on a voice vote. Mr. Wallace voted nay. Other issues upon which direction was given upon which direction was given and consensuses reached were: 1. Improving auditing and accounting requirements in the contract; 2. The driving range would be maintained by the city and the golf pro will be required to operate and provide equipment to operate the facility; 3. That bond requirements imposing on the contract be further investigated. The process for selection of a new pro was discussed. Staff will prepare a Request For Proposals. Van Komen moved that Mr. Larson and four other persons selected by the Golf Committee interview finalists and make a recommendation to the full council. McCarty seconded and the motion carried. III.Adjournment At 9:58 p.m., Mr. Wallace moved to adjourn. seconded 'and the motion carried. Van Komen Mayor McCALL CITY COUNCIL MINUTES SEPTEMBER 27, 1990 Call to Order and Roll Call. Mayor Allen called the meeting to order at 7:12 p.m. Councilmen McCarty, Van Komen, Wallace and Larson answered the roll call. II. Minutes Minutes of the September 13 and~September 20 meetings were rescheduled to the October 11 agenda. The minutes of September 17 were corrected. Wallace moved to approve the September 17 minutes as amended. III. Claims A. list of claims dated September 25 was presented. Van Komen moved to approve the claims for payment. Larson seconded and the motion carried. 241 IV. Vo Consent Calendar No items were listed on the calendar Mayor and Council Comments and Reports A. Wallace introduced the issue of support for the Mountain Home Air Force Base which Ida-Ore is organizing and asked for the council's participation. McCarty moved to send a letter of support for Mountain Home AFB to the Elmore County Commission. Wallace seconded and the action carried. The Mayor consented to author the letter. B. Mr. McCarty noted the report on the Comprehensive Planning effort from E.J. Smith of Ida-Ore. He also requested that staff request Planning and Zoning chairmen to review permits weekly. The Mayor directed staff to contact the Planning and Zoning chairmen and organize such arrangements. The Mobile Home Moratorium was discussed. Ordinance 576 and 577 were presented to extend that moratorium. C. Ordinance 576: Enacting a 120 day moratorium on the placement of mobile homes in the City of McCall. McCarty moved to suspend the rule requiring that an ordinance be read on three separate occasions. Van Komen seconded. On a roll call vote, McCarty, Van Komen, Larson and Wallace voted AYE. The Mayor declared the rule suspended. McCarty then moved to adopt Ordinance 576. Van Komen seconded the motion. McCarty, Van Komen, Larson and Wallace voted AYE on a roll call vote. Mayor Allen declared Ordinance 576 adopted. ORDIN~uNCE NO. 576 AN ORDINANCE RELATING TO PLANNING AND ZONING; REFERRING TO ORDINANCE NO. 569 OF THE CITY OF McCALL, INCORPORATING THE PROVISIONS THEREOF AND PROVIDING FOR A 120 DAY MORATORIUM PROHIBITING THE APPLICATION FOR AND ISSUANCE OF BUILDING PERMITS FOR MOBILE HOMES IN THE CITY OF MCCALL, IDAHO. WHEREAS, the Mayor and Council of the City of McCall, Idaho, in Ordinance No. 569 made findings pursuant to the authority granted under provisions of Section 67-6523, Idaho Code and pursuant to the declaration of purpose of the Idaho Legislature, as set forth in Section 67-6502(a), Idaho Code, and the Mayor and Council do now make the specific findings that such conditions do now continue to exist that an emergency does now exist, and that a 120 day moratorium should be placed on the application for and issuance of building permits for mobile homes in the City of McCall. NOW, THEREFORE, be it ordained by the Mayor and Council of the city of McCall, Idaho, as follows: Section 1. The application for and issuance of building permits for the placement of mobile homes in the City of McCall, Idaho is hereby prohibited for a period of 120 days from and after the adoption, approval and publication of this moratorium ordinance. Section 2- This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. Passed and approved this 2?th day of September, 1990. Att~st:_~ // ~ City ~ler.)~ - of September 17 were corrected. Wallace moved to approve the September 17 minutes as amended. III. Claims A list of claims dated September 25 was presented. Van Komen moved to approve the claims for payment. Larson seconded and the motion carried. D. Ordinance 577: Enacting a 120 day moratorium on the placement of mobile homes in the McCall Area of City Impact. McCarty moved to suspend the rule requiring the ordinance to be read on three separate occasions. Wallace seconded. McCarty, Wallace, Larson and Van Komen voted AYE on the roll call. The rule was suspended. McCarty then moved to adopt Ordinance 577. Larson seconded. McCarty, Larson, Van Komen and Wallace voted AYE on a roll call vote. Mayor Allen declared Ordinance 577 adopted. ORDINANCE NO. 577 AN ORDINANCE RELATING TO PLANNING AND ZONING; REFERRING TO ORDINANCE NO. 569-I OF THE CITY OF MCCALL, INCORPORATING THE PROVISIONS THEREOF AND PROVIDING FOR A 120 DAY MORATORIUM PROHIBITING THE APPLICATION FOR AND ISSUANCE OF BUILDING PERMITS FOR MOBILE HOMES IN THE MCCALL, IDAHO, AREA OF CITY IMPACT. WHEREAS, the Mayor and Council of the City of McCall, Idaho, in Ordinance No. 569-I made findings pursuant to the authority granted under provisions of Section 67-6523, Idaho Code and pursuant to the declaration of purpose of the Idaho Legislature, as set forth in Section 67-6502(a), Idaho Code, and the Mayor and Council do now make the specific findings that such conditions do now continue to exist that an emergency does now exist, and that a 120 day moratorium should be placed on the application for and issuance of building permits for mobile homes in the McCall, Idaho Area of City Impact. NOW, THEREFORE, be it ordained by the Mayor and Council of the City of McCall, Idaho, as follows: Section 1. The application for and issuance of building permits for the placement of mobile homes in the McCall, Idaho Area of City Impact is hereby prohibited for a period of 120 days from and after the adoption, approval and publication of this moratorium ordinance. Section 2. This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. Passed and approved this 2?th day of September, 1990. ' VI. MaWr C~ ~ Att t' ~ ................... Ci~y CleF .Staff Repoz-ns A. City Administrator's Report: 1. The written report noted completion of street paving on Deinhard Lane and Cross Street, notification by Hugh Cooke to extend his leave of absence, filing of a protest for the 1990 Census, and David Smith's retirement. 2. Surplus Property: The Administrator recommended that a freezer at the old golf clubhouse be donated to the athletic program of the McCall-Donnelly Schools. Wallace moved to declare the freezer surplus and donate it to the school. Larson seconded and the motion carried. 3. Clubhouse Telephone Charges: A request by John Drips to pay telephone installation charges at the new clubhouse was noted. After discussion, Wallace moved to pay John Drips $175.00 for the clubhouse telephone installation charges. McCarty seconded and the motion carried unanimously.~ 4. Net-Pen Dock Permit: A permit request to the Idaho Department of Lands for a dock for the project was presented. LarSon moved to approve the request and authorize the Mayor to sign the application. McCarty seconded and the motion carried. 5. Design, Equipment Storage Shed, City Shop: After review, Wallace moved to approve the design of the building. Larson seconded and the motion carried. VII. Old Business A. Cash Loss Insurance: Quotes for $5000 and $10,000 cash loss coverage were noted. Van Komen moved to issue cash losses up to $10,000 for an annual premium of $76. McCarty seconded and the motion carried. B. Century 21 Real Estate Relocation Settlement: A proposal to settle the relocation payment was received from Mrs. Chisholm. After discussion, Wallace moved to accept the settlement proposal as presented. Van Komen seconded. The motion carried unanimously. McCarty then moved to make the payment prior to the · .offices moving, pending receipt by the City of proper releases against future claims. Van Komen seconded and the motion carried. C. Personnel Classification: After discussion, the Council determined to conduct a further workshop on employee compensation on October 4, 1990 at 7:00 p.m. It was then ordered by the Mayor. D. Golf Clubhouse: Mr. Laidlaw and Mr. Chandler presented on the matter of the $2600 in liquidated damages assessed against LT General. The contractor asserted that the City had not been damaged or suffered loses due to the delay. After a lengthy debate, Van Komen moved to adjust the damage claim to $1300. Larson seconded. In discussion, Mr. Chandler indicated that settlement would be acceptable. On a voice vote, the motion carried unanimously. Mr, Laidlaw then presented Pay Request No. 5. After discussion, Van Komen moved to approve P~y Request No. 5 by LT General. Larson seconded and the motion carried unanimously. At 8:50 p.m. Mayor Allen declared a 10 minute recess. The meeting reconvened at 9:00 p.m. VIII.New Business A. Telephone Maintenance Agreement: The City Treasurer presented the agreement and compared its cost to the prior year's experience. Larson moved to approve the $700 per year maintenance agreement with Executone and authorize the Mayor to sign. McCarty seconded and the motion carried. B. Request for Proposals, Legal Services: The Council reviewed the draft document and requested an addition related to availability of the individual. Van Komen moved to advertise the RFP and approve the format as amended. Larson seconded and the motion carried. C. Group Health Insurance Contract Renewal: Mike Hodge and Kermit Pederson discussed the 17% rate increase and possible changes to the coverage, van Komen moved to authorize the Mayor to sign the contract to extend the coverage without changes. Wallace seconded and the motion carried unanimously. u. ~or~ urgers, ~ewer ~erml~s: 1. Work Order No. 17, Toothman-Orton Engineering: This work order is for design of "Concept One", the Lake Street Sewer replacement. Van Komen moved to authorize Work Order No. 17. McCarty seconded and the motion carried. 2. Work Order No. 16, Toothman-Orton Engineering: This work order will resolve the easement problems which delayed the 1990 River Crossing Sewer Project. Van Komen moved to authorize Work Order No. 16. McCarty seconded and the motion carried. E. Notice of Claim, Barry C. Binning: Wallace moved to acknowledge receipt of the Notice of Claim. Larson seconded and the motion carried. F. Request to Alter the City Hall Building: A request from the Juvenile Detention Facility to install a washer and dryer necessitating alteration of electrical and plumbing fixtures in the building was conslaere~. Van Komen moved to approve the alteration and to pay for the work from the Court Building Fund, subject to the approval of Judge Williamson'. McCarty seconded and the motion carried. G. Request for Proposals, Golf Professional: The advertisement and request was presented. Larson moved to approve the format and advertise the RFP. Wallace seconded and the motion carried. H. Computer Replacement Proposal: Mr. Henderson reviewed the proposal to replace the IBM System 36 with a Local Area Network of personal computers and replacement software. After discussion, Van Komen moved to approve the "Fund Balance" software package at $8700 and the Local Area Network plan at $47,000 subject to obtaining Lease-Purchase Financing. McCarty seconded and the motion carried unanimously. I. Police Sergeant Position: This item deferred pending attendance of the Police Chief. Xe XI. Doard, Committee and Commission Reports Requiring Action No items were listed on the agenda. Correspondenc~ A letter from Ida-Ore regarding the Mountain Home AFB, acted upon earlier in the agenda, was noted. A letter regarding sewer plant capacity from Ted Whiteman, Payette Lakes Water and Sewer District supervisor was noted Ramon Alford requested to duplicate the minutes of this meeting. The request was approved and he was referred to the staff. XII. Executive Session McCarty moved to recess to Executive Session pursuant to IC 67-2345 subsection C, to discuss acquiring an interest in real property not owned by a public agency. Van Komen seconded and on a roll call vote McCarty, Van Komen, Larson and Wallace voted AYE. The session began at 10:05 p.m. and ended at 10:25 p.m. Mayor Allen reported that acquisition 6f a parcel of property was discussed. XIII.Recess Wallace moved to recess the meeting to 11:30 a.m. on Friday, September 28, i990. McCarty seconded and the motion carried. 245 J~~en MayOr McCALL CITY COUNCIL MINUTES SEPTEMBER 28, 1990 II. Roll Call and Call to Order At 11:35 a.m. Mayor Allen reconvened the September 27 meeting which had been recessed. McCarty, Van Komen, and Wallace answered the roll call. Mr. Larson was absent. The Mayor declared a quorum present. Executive Session McCarty moved to recess in Executive Session pursuant to IC 67-2345, subsection C to discuss a real estate acquisition and to invite Attorney Millemann to the Session. Wallace seconded. On a roll call vote McCarty, Van Komen and Wallace voted AYE. The Council moved to Executive Session at 11:35 a.m. and returned to open session at 12:05 p.m. McCarty moved as follows: That the City has agreed that the value of the Nancy Gentry parcel is $119,000. The seller has agreed to' a $29,000 donation to the city's Park Fund. This forced sale, anticipating condemnation (involuntary conversion) shall be closed upon receipt of an appraisal from the seller. Van Komen seconded and on a roll call vote, McCarty, Van Komen and Wallace voted AYE. The Mayor declared the motion carried. Wallace then moved that the Mayor be authorized to execute an earnest money agreement made on the Gentry property, Van Komen seconded. On a roll call vote, Wallace, McCarty and Van Komen voted AYE. The motion carried. III. Adjournment Without further business, Wallace moved to adjourn. Komen seconded and the motion carried. Van Mayor 246 McCALL.CITY COUNCIL SPECIAL MEETING SEPTEMBER 20, 1990 I. Call to Order add Roi1 Call Mayor Allen called the meeting to order at 7:30 p.m. at the McCall-Donnelly Elementary School Multipurpose Room. Councilmen McCarty, Van Komen, Wallace and Larson answered the roll call. The Mayor announced the purpose of the meeting, to conduct a public hearing on requests by Douglas Manchester for variances, special use permits and street vacations on the Old Mill Site property. Approximately 150 citizens attended. II. Public Hearing Mayor Allen opened the public hearing. He asked for declarations of conflict of interest. There were none. The Mayor requested a staff report. The City Administrator reviewed the matter to date and outlined the issues. The proponents were invited to comment. Attorney Millemann and Douglas Manchester spoke. The Mayor then invited public comment. The following persons appeared and were heard: Troy Smith Debbie Staup Francis Ford Kay Larson Peggy Klemmer Denny Carlson Harry Stathis Dean Hovedy Jean Odmark Jim Staup Julie Eddins Don Eberle Rick Fereday Scott Findlay Dean Hagerman Carl Whitaker Susan O'Dell Duane Smith Mike Barton Kathy Barton Humphrey Kellogg At 10:50 p.m., Mayor Allen invited further comment from those attending. No one else indicated a desire to be heard and the Mayor then closed the hearing to public comment and returned the matter to the Council table. The Mayor directed that the accumulated file and tape recording of the procegding be incorporated in the record of this hearing. The matters then before' the Council were: The street vacation request on a portion of East Lakeshore Drive; The shoreline setback variance; The variance of the height restriction; The Special Use Permit on Lot 8, to construct a portion of the hotel thereon. (The request for a Special Use Permit on Lots 6 & 7, Block 1 was withdrawn by the proponents.) Items discussed were the timing of the condition related to provision of a fire apparatus as a mitigation to allowing the height variance. It was directed that this condition would be reworded as follows: "No Building Permit shall be .issued unless the city has adequate fire suppression apparatus to protect the building." The Special Use Permit forL°t 8 was reviewed. The City Attorney advised that a "hotel" was not a permitted use in Zone A and that the proper procedure would be for the city Council to initiate a zone change on this lot to Zone C. At this point, the Council invited comment by the proponent. Mr. Manche~%r who asked that the request for the Special Use Permit on Lot 8 be withdrawn. The Council then directed that the condition on the bicycle/recreation path be rewritten to include a 10' easement for this public use on the south border of the property to connect Mill Park with the proposed bikeway on the UPRR railroad right-of-way. The Council requested that supplemental Findings of Fact and Conclusions of Law be prepared to include the city's planning efforts, namely, the Water System Master Plan, the Wastewater Treatment Facility Plan Update (in progress), the city's Transportation Plan, the Park and Recreation Master Plan, and the Airport Master Plan. Wallace then moved to adopt the Findings of Fact and Conclusions of Law of the. City planning and Zoning Commission dated September 10, 1990 concerning the vacation, of East Lakeshore Drive and the requested portion be vacated. ~an Komen seconded and the motion carried unanimously. McCarty then moved to approve the variance on the height restriction from 35' to an elevation of 5085' as requested with the amended condition on the fire apparatus and to otherwise adopt the City Planning and Zoning Commission's Findings of Fact and conclusions of Law dated September 10, 1990. Wallace seconded and the motion carried unanimously. Larson moved to approve the variance for a shoreline setback, as amended and recommended by the City Planning and Zoning Commission to a 15' setback and to adopt the Findings of Fact and Conclusions of Law of the Commission, adding the requirement for a 10' easement on the south boundary on the Mill site for a public bikepath/walkway. Van Komen seconded and the motion carried unanimously. III. Adjournment At 11:49 p.m. without further business, Wallace moved to adjourn, Larson seconded and the motion carried. 247 Mayo~