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HomeMy Public PortalAboutCouncil Minutes 1991 06/13McCALL CITY COUNCIL MINUTES JUNE 13, 1991 I. CALL TO ORDER AND ROLL CALL The meeting was called to order by Council President McCarty in Mayor Allen's absence. Councilmen McCarty, VanKomen, Wallace, and Larson answered the roll call. II. MINUTES The Minutes of the May 23 regular meeting were presented. Wallace moved to approve the May 23 meeting minutes. Larson seconded and the motion carried. The Minutes of the special meeting on May 28 were presented. It was noted that the Mayor did not attend and that Mr. VanKomen presided and should sign these minutes. Larson moved to approve the May 28 meeting minutes. Wallace seconded and the motion carried. III. PAYMENT OF CLAIMS A list of claims dated June 10 was considered. moved to approved the claims as presented. seconded and the motion carried unanimously. Larson Wallace IV. CONSENT CALENDAR A catering permit for Lardo's Bar and Grill for May 22 was the only item listed. Wallace moved to approve the consent calendar. Larson seconded and the motion carried. V. MAYOR AND/COUNCIL COMMENTS AND REPORTS Councilman Larson asked that a second meeting of the building advisory group be convened. The chair so ordered. VI. STAFF REPORTS A. City Administrator's Report: A written report detailed progress on the land trade, on two accidents involving city vehicles, and other matters. Staff requested action on authorizing the city to be the cosponsor on the Spring Mountain Ranch 404 wetlands permit. After discussion, Wallace moved to authorize the city to be a coapplicant on the 404 wetlands permit for Spring Mountain Ranch and authorize the mayor to sign the permit. Larson seconded and the motion carried unanimously. A request by the Senior Citizen's for a Street Carnival Permit for July 4 for a holiday event at the M-D School was presented. Wallace moved to approve the permit, Larson seconded and the motion carried. B. City Attorney's Report: A written report presented. No action was requested. was C. City Treasurer's Report: The monthly financial report was presented and receipt of same was acknowledged. The Treasurer suggested that a second Council member be added to the permitted signatures on the checking account. Wallace moved to add Councilman VanKomen's name to the account and direct the Treasurer to return with a resolution for approving this change at the next meeting. Larson seconded and the motion carried. The treasurer presented a report detailing budget amendments, both adding new revenue and relocating current revenues, for consideration. The Council confirmed the recommendation for an additional appropriation for street paving. Larson moved to direct staff to prepare a budget amendment reflecting the recommended changes in the budget. VanKomen seconded and the motion carried. VII.OLD BUSINESS A. Ordinance 586, Annexing Certain Property, Second Reading: The City attorney read the Ordinance by title. The Chair ordered the bill filed for a third reading on the next agenda. B. Approval of Assignment of Lease, Beck to Wooten, Airport Hangar: The documents memorializing the assignment of the Beck hangar lease to Mr. Wooten were considered. After discussion of the matter, it was moved by VanKomen that the City of McCall does hereby consent to the assignment and assumption of hangar space at the McCall Municipal Airport from Don Beck to Tom Wooten with an effective date of April 11, 1991, and the Clerk is hereby authorized and directed to attach a certified copy of this portion of the minutes of the council meeting to the executed copies of the assignment and assumption. Wallace seconded and the motion carried unanimously. 2 C. Resolution 7-91, Accepting a Grant for a Wastewater Facility Plan Update From the Idaho Department of Health and Welfare: After discussion, Wallace moved to adopt resolution 7-91. VanKomen seconded and the motion carried unanimously. VIII. PUBLIC HEARING: SHIKRALLAH/TRALLER SPECIAL USE PERMIT, 7:30 P.M. The hearing, properly noticed, commenced with a staff report and presentation of the City Planning and Zoning Commission's Findings of Fact and Conclusions of Law, the minutes of their meeting and their recommendations on the conduct of a second hearing on the matter. The request was to operate a Bed and Breakfast establishment in a residential A zone at 310 Lake St. The chair opened the hearing to public comment. Mr. Traller, Mr. Ruark and Jean Odmark testified then each were offered an opportunity for rebuttal. Without others who wished to testify, the hearing was closed at 7:53 p.m. The Council deliberated upon the matter and the conditions recommended for approval of the request. The Council discussed the conditions and developed amendments to those conditions as follows: Condition 3: The prohibition of renting to persons with children would be dropped to avoid any appearance of age discrimination. Condition 7: This condition as recommended by P &Z is invalid and unenforceable and is deleted upon advice of the attorney. This condition is replaced with the following: "Significant disturbances which detract from the residential character of the neighborhood, such as noise, glare, dust, accumulation of refuse, or excess vehicles and parking congestion, shall trigger review of this permit and may constitute cause for revocation of this permit. Condition 8: To this condition shall be added: "This condition was included with the special consent of the applicant on the hearing record." The chair ordered the entire accumulated file matter as well as the tape recording of this entered into the record of the hearing. on this hearing 3 VanKomen then moved to approve the Findings of Fact as presented by the Commission and amended by the Council and to approve the Special Use Permit based upon those amended Findings and Conclusions. Larson seconded and the motion carried unanimously. IX. OLD BUSINESS, CONTINUED D. Stormwater Management Plan: Tim Burgess of Toothman- Orton Engineering reviewed the draft Stormwater management plan dated March 1991. The document outlines general direction for policies, design, and suggested management practices for stormwater management. After the presentation and discussion, Wallace moved to approve the draft report. VanKomen seconded and the motion carried. E. Klind Well Agreement: Mr. Klind appeared to discuss the revised agreement which he indicated he would not sign. After discussion, the Council asked that staff be directed to negotiate a price for the well and determined to conduct an executive session to further instruct him in these discussions. F. IDA-ORE Planning Contract: Mr. Choate and Mr. Birdsall appeared to request that the planning agreement be renewed. Ida-Ore staff changes were noted. The Council again requested the completed documents from the first year effort. The attorney was again instructed to secure this information. The matter will be taken up following receipt of those materials. G. Lakefront Park: Mr. Belts presented the 100% drawings for the lakefront park. He reported that the 404 wetlands permit will require an additional 60-75 days for approval due to a backlog in the Army Corps of Engineers offices. He recommended that the restrooms be constructed under separate contract. These are outside of the wetland area. Further, the Century 21 building may be moved prior to the city's ownership. The chair directed the staff to investigate and proceed with these parts of the project as is reasonable and practical. The Council recessed from 9:05 to 9:20. H. Ordinance 585, Amending Title I, Chapter 1: was moved to the next agenda. This item I. Scott Hangar Lease: A draft of the lease was reviewed which memorialized the agreements reached between the 4 parties at an earlier meeting. Wallace moved to approve the lease and authorize the Mayor to sign the lease after it has been executed by Scott. VanKomen seconded and the motion carried with four Aye votes. J. Manchester Lease Amendment: A draft of the lease amendment was reviewed. The Council directed that the exhibit be amended to prohibit construction in an area not intended to be subleased to Scott and then directed the attorney to resubmit the amended language and exhibit to Manchester. VanKomen moved to approve the modified lease amendment and to permit the Mayor to sign following acceptance by Manchester, and further that this lease amendment be executed prior to execution of the Scott lease. Larson seconded and the motion carried unanimously. K. Dienhard Lane Extension, Eckhart Land: Councilman McCarty asked that the Council further consider acquisition of the Eckhart land on the west side of the river to the sewage treatment plant property. The Council asked that staff work with the owner to mark the property and over the next two weeks invite each councilor and park and transportation committee member to inspect the property to determine its utility. Also the Council directed staff to discuss terms of acquisition and a price with Mr. Eckhart. X. NEW BUSINESS A. Ordinance 587, Relating to City Water Service, First Reading: The city attorney read the ordinance by title. The chair directed the matter to the next agenda for a second reading. B. Resolution 6-91: Dedicating Certain Lands to Perpetual Park Purposes: The remainder of Mill Park, recently deeded to the city by the state, needs to have a dedication to the inventory of land available for outdoor recreation. VanKomen moved to adopt resolution 6-91. Larson seconded and the motion carried with four aye votes. XI.BOARD, COMMITTEE AND COMMISSION MINUTES REQUIRING ACTION A. Airport Committee, June 6, 1991: 1. Senfield Lease: A draft lease with Lyle Senfield was presented. The committee recommended approval. Wallace moved to approve the lease for Lot 1 C to Lyle Senfield. VanKomen seconded and the motion carried with four aye votes. 2. Operations Agreement with Pioneer Air Service: A draft agreement for conceptual approval was presented. The committee recommended approval. Larson moved to approve the agreement in concept and direct the city attorney to prepare the agreement in proper form and return it to the Council for final approval. 3. UST: The Council was advised that one of Pioneer Air Service's Underground storage tanks was to be rendered inert and left in place. Removal risked structural damage to the building. The Council noted this information. B. Golf Course Advisory Committee, May 22, 1991: 1. Foundation Contributors: The Council noted the list of contributors to the new clubhouse and the other course improvements. With the concurrence of the city council, the staff was directed to sent letters expressing their appreciation to each contributor. 2. Max Williamson: The chair also directed that the Mayor thank Mr. Williamson for his 7 years of service on the committee. C. City Planning and Zoning Commission, May 7, 1991: The Razlanco, Inc. request for a variance was considered. The Commission's Findings of Fact and Conclusions of Law were considered as well as the recommendation not to have a second hearing. After discussion, Wallace moved to approve the variance and to adopt the Findings of Fact and Conclusions of Law of the Commission in this matter as their own. Larson seconded and the motion carried unanimously. D. City Planning and Zoning Commission, May 21, 1991: 1. Vacation of East Lake Street: The vacation of a portion of East Lake Street for park purposes was considered. One hearing, exceeding the state statue requirements was conducted. No findings nor conclusions were required. After discussion, Larson moved to approve the vacation and direct the city attorney to prepare an ordinance to vacate the street as planned. VanKomen seconded and the motion carried unanimously. 6 2. Special Use Permit, Augusta Laidlaw: The request to use the property at 1109 Knowles Road for a landscaping business was considered. The Commission's Findings of Fact and Conclusions of Law were considered and the recommendation that no second hearing be held was considered. After discussion, Wallace moved to approve the special use permit as recommended and to adopt the Findings of Fact and conclusions of Law of the Commission as the Council's in this matter. VanKomen seconded and the motion carried. E. Park and Recreation Committee, June 6, 1991: The Committee recommended a special park use permit to conduct a crafts fair at Fairway Park on August 17 & 18, 1991. After review of the recommendation and the suggested conditions, Van Komen moved to approve the permit with the conditions recommended by the committee. Wallace seconded and the motion carried unanimously. XII. INFORMATION ITEMS Receipt of the following items Seubert Excavators, City Report annual court report. was noted: Letter from No 11, Excerpt from the XIII. OTHER BUSINESS A. JUB Contract Amendment: The city attorney noted that one item under his report had been omitted from the agenda, approval of the JUB contract amendment. After review of the amendment, VanKomen moved to approve the amended contact, Wallace seconded and the motion carried. B. Appointment of Craig Collins to the Golf Advisory Committee: A letter from the Men's Golf Association recommending Mr. Collins for a two year term was received. The Chair advanced for the Mayor this nomination. VanKomen moved to approve the nomination, Wallace seconded and the motion carried. XIV. EXECUTIVE SESSION At 11:30 p.m., Larson 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. VanKomen seconded and on a roll call vote, Larson, VanKomen, Wallace and McCarty voted Aye and the motion 7 carried. The Council returned to open session at 11:50 p.m. Mr. McCarty announced that directions to staff on property acquisition were given. XV. ADJOURNMENT At 11:51 p.m. without further business, VanKomen moved to adjourn. Wallace seconded and the motion carried. City Administrator/Clerk Bob McCarty Mayor Pro Tem ORDIN CE NO. AN ORDINANCE RELATING TO WATER SERVICE; AMENDING SECTION 8-1-4A OF THE VILLAGE CODE OF McCALL, IDAHO, PROVIDING AN EXCEPTIONTO THE PROHIBITION AGAINST EXTENSION OF WATER SERVICE, PROVIDING CONDITIONS TO BE MET, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS' Section 1. That Section 8-1-4A of the Village Code of McCall, Idaho, be, and the same is hereby amended to read as follows' 8-1-4A' EXTENSION OF WATER SERVICE' No water service shall be extended to any lot that was not laid out and platted prior to July 1, 1988, and which lot does not abut a street in whlch a City water main was installed prior to July 1, 1988. , except that water ma~n~ m~y be exte~ed thru and connected to the city water system an s~divisio~ platted, accepted and filed subsequent,to the 1st day of August, 1991, if the followinq conditions are met; 1. That the subdivision application include descriptions of the proposed construction within the subdivision; 2. ~t the city's water system engineers shall evaluate the proposed m, in extensions for size, and a determination if the city's water system c~ support the fireflow demands for the sizes ,~d types of construction and fire exposure within the intended subdivision; 3. ~Th-t the outcome of the evaluation is positive (i.e., that the City's water system is projected to support, with adequate flows ,n~ pressures, the proposed subdivision); 4. _Tb~___t the cost of said evaluation shall be borne by the applicant; 5. That when a water line extension is permitted under the exception herein provided, the applicant shall pay the costs for fire hydrant tests (evaluating flow and ~ressure), recalibration of the City hydraulic model to incorporate the new calibration data and "record drawings." Section 2. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after August 1, 1991. Dated this 11th day of July, 1991. No. A resolution relating to the McCall wastewater collection and treatment facilities; accepting the Grant Offer of the State of Idaho through the Idaho Department of Health, Division of Environmental Quallty in the amount of $103,235.00 for emergency studies to update the facility plan for the McCall waste~ater treatment facilities under the Idaho Water Pollution Abatement Act and authorizing the Mayor to sign such Grant Offer. Be it resolved by the Mayor and Council of the City of McCall, Idaho, as follows' Section 1. That the City of McCall, Idaho, shall accept the Grant Offer of the State of Idaho, in the amount of $103,325.00 for the purpose of updating the facility plan for the McCall ~aste~ater collection and treatment facilities under Project No. 202-2-0001 of the Idaho Department of Health and Welfare, to aid in the financing of a sewage treatment works project. Section 2. That the Mayor of the City of McCall is hereby authorized and directed to sign the Acceptance of said Grant Offer (entitled Section XI Acceptance) on behalf of the City of McCall and the City Clerk is hereby authorized and directed to attest the signature of the Mayor ar~ to impress the official seal of the City of McCall on the aforesaid statement of Acceptance; and Section 3. A true copy of the Grant Offer referred to herein is attached hereto and made a part thereof. Passed by the Council arid approved by the Mayor this 13th day of June, 1991. ~Cit~- Cl~k~ CERTIFICA~ I, Arthur J. Schmidt, Jr City Clerk of the City of McCall, Idaho, do hereby certify that the foregoing (and attached copy) is a full, true, and correct copy of Resolution No. ~-~/ adopted at a regular meeting of the Council of the City of McCall held on the 13th day of June, 1991, and that the same is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and impressed the official seal of the City ~of McCa~ll, this ~Sh day City :fer < ORD INAI.~CE NO. 587 AN ORDINANCE RELATING ~,) ~_.ITY WATER SERVICE' REPEALING SECTION ~-i-1~ OF TPIE VILLAGE CODE OF McC~L, ID~O; ~I~INO C~R I OF TI~E VIII OF ~ VILLAGE CODE OF McC~L ID~J, BY ~ ~DITION OF A ~W SECTION ,-1-I~ OF ~ VILLAGE ~ODE OF McC~L ID~O ~ PR(I;IDE FOR NOTICE ~J ~ C I~' ~EASI~ER FOR ~N ON ~) OFF OF WA~R SERVICE, ~ PRC~'~DE FOR A ~_~'.N ON FEE ~'~ ~i) PROVIDE ~T NO FEE S~L BE C~'.GED FOR WA~R ,.)FF~, REPE~ING ~,ECTION 8-1-18 OF ~ VILLAGE CODE OF McC~L. ID~O' ~!NG C~R. 1 OF TI~E VIII OF ~I~L~GE CODE OF Mc:~L.. ID~O.. BY ~ ~DITION OF ~ I,~W SE(rTION 8-1-18 ~'JF ~ ~ILL~E ~(')DE OF Mc_.~L, ID~O, ~ REQUIRE A $50~ 00 ~EFI.~A~ DEPr)SIT FO~ WA~R SERVICE ~J PRO~I~E E~I'~'TIONS FROM PAI~'~ OF ml(,H DEPc,~,iTm, PROVIDE FOR A DEFINITION; REPE~ING SECTION~_,- ~ 1-19 OF ~ VILLAGE CODE OF McC~L. ID~O; ~I~ING C~R 1 OF TI~E VIII OF ~ VILLAGE CODE OF M~_:~L.. ID~O, BY ~DITION OF A ~W SECTION 8-1-19 OF ~ VILLAGE CODE OF McC~L.. .... EP..~IT,~ ~ PROVIDE FOR IDahO ~) PROVIDE FOR REFI~S OF WA~R n (~ ~ ~R IN ~ICH REF~S S~L BE ~E ~ ~J PROVIDE ~T !I~REST S~L BE PAID ON YA~R DEPOSITS ~ ~ PROVIDE HOW ~i~CH II~REST Si~L BE PAID~ REPE~ING SECTION ~ o ~ ,~-1-21 SECTION ~ ~ ..... -~-mo, SECTION o-l-o4 ~ ~ECTION 8-1-46 OF ~ VILLAGE CODE OF McC~L, ID~O' C~R 1 OF TI~E VIII OF ~ VILLAGE CODE OF McC~L, ID~O, BY ~ ~DITION OF A ~W SECTION 8-1-46 OF ~ VILLAGE CODE OF McC~L.. ID~O, ~D PROVIDE ~T ~'AID WA~R C~GES, PEN~TIES ~,~ SERVICE C~'.GES S~L BE CERTIFIED ~ ~ V~LEY ..O~f T~ COLLEC~R ~J BE C~GED AGAINST ~ PREMISES ~) ~ICH WA~R SERVICE WAS FI~NIS~D, ~ ~ BE COLLEC~D IN ~ ~R PROVIDED BY LAW; REPE~ING SECTION 8-1-51 OF ~ VILLAGE CODE OF McC~L, ID~O' ~I'~ING CH~R 1 OF TI~E VIII OF ~ VILLAGE CODE OF McC~L, ID~O, BY ~ ~DITION OF A ~W SECTION 8-1-51 OF flLL~GE CODE OF Mc.,~m, ID~O, ~ PROVIDE FOR DISCON- TII~J~CE OF WA~R =,ER TI~.E, ~) PROVIDE FOR NOTICE OF ~RMINA- TION OF WA~R SERVICE.. ~ PROVIDE FOR A PRE~RMINATION ~ING IF REQI~J ~m~. BEFORE ~ CI~f COI~CIL, ~J PROVIDE ~T O~,~RS ~ ~N~,~S ~Y BE REPRESEI,~D BY COIR,[SEL, PR. ,,,IDE ~T A ~I~N RECORD OF SUCH ~ING S~L BE KEPT, ~) PROVIDE FOR A ~'~I~N DECISION BY ~ Cl~f COI~,[CIL IN A ~ ~ =. .. ' .j~- _ . _ REA~ON~LE TIr~ ~) ~Rt ~IDE ~T WA~R '.~ERVI(iE S~L ~,[([)T BE DISCOI,~I~B_~D PEI,~ING A ~ING PROVIDING FOR PAI~r~ PROVIDING FOR TII'~ OF PAIT~ IN ~ ES~l~ OF A DECISION REQUIRI}~G PAI~ OF SUCH WA~R BILL PRIOR ~[:~ DISCOI~II,~J- ~_.E OF WA~R SERVICE. ~) P~'{J~,xIDE ~T REOUIRED NOTICES ~REOF, ~J PROVIDE FOR ~PE~S ~:, ~ DIS~ICT CO!~T, REQUIRE ~T A ~r~PY OF ~IS :,E,_.TION SH~L ACCO~'Ff EACH NOTICE OF DEL IN..i~ ~.~ iN PAI~I,~ FOR WA~R SERVICE t~ER ~IS SECTION, ~,~ ~ PROVID~ FOR ~ EFFECTI~ Section 1. That Sect. ion 8-i-17 of the Village Co,te of McCall. Idaho, be, and the same is hereby repealed. Section 2. Tl~at Chapter I of Title VIII of the Village Code of McCall, Idaho, be.. and the same is hereby amended by the addition thereto of a I. TEW SECTION, to be kno~mn and desigr~ated as Section 8-1-17 ,_-,f the Village Code of McCall, Idaho, and to read as follo%~s: 8-1-17: qW_TRNII~G ON WATER-CHARGES-T[rRNING OFF WATER: ~r. enever the owner or occupant of any premises connected with the City %~ter supply system desires to begin ~¢ater service, he shall notify the City Treasurer a~J pay a turn on fee of thirty dollars ($30.00) ar~l sP~ll be c?~rged the full monthly rate for the month in which service begins. Whenever the owr. er or occupant of any premises connected with the City water supply system, and receives such w~ater service, desires to discontinue such service he s?~ll notify the City Treasurer. No fee sP~all be charged for such turn off except that the full monthly rate sP~.ll be charged for the month in wbich such service is discontinued. Sect. ion 3 Tfkat Section 8-1-18 of the %,~llag_. Code ¢,f McCall, Idaho, be, ar, t the same is hereby repealed. Section 4. That C?~.pter I of Title VIII of the Village of McCall, Idaho, be, and the same is hereby amend ed by the addition thereto of a NEW SECTION to be known ar~ designated as Section 8-1-18 of the Village Code of McCall.. Idaho, and to read as follows: 8-1-18: DEPO S IT REQUIRED - EYJ~MPTIONS: Ea ch app 1 icant f o r ~rater service s?~.ll pay a ref~undable deposit of fifty dolars ($50.00) ~J~-~less the applicant is the owner of the premises to which water service is to be provided or the applicant r~as had a water accotu'~t at another premises serviced by the City water supply system within the past five (5) years, in his own name and Pas ?~.d a satisfactory payment record for the last twelve months such accotn~t was in effect. A satisfactory pa~,~ent record s~a. ll be defined as one in which all payments were made on or before the date due. Section 5. That Section 8-1-19 of the Village Code of McCall, Idaho. be.. and the same is hereby repealed. Section 6. TT~.t C?~apter I of Title VIII of the Village Code of McCall, Idaho, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be kno~ arid desigr~.ted as Section 8-1-19 of the Village Code of McCall, Idaho, arid to read as follows: -1-1. DEPOSIT REFUNDS - I~.rFEREST PAID ON DEPOSITS Depnsits c~!!e~,- -' ..... ~ed '~nder the provisions,_~-~ Section 8-1-18 s?~.ll be held by ¢,r mxtii the payee ~s.s att. ained a satisfactory pasment rec,:,rd for twelve continuous months as defined in this Chapter. Deposit ref~lnds shall be in the form of a credit to the acco~.~nt of the payee. A cash ref~d e~p.~.l to the amo~%nt of the deposit plus interest earned and less any outstar~ing account balance shall be pa id upon discontinuance only. While any deposit is he id by the City, the City s~ll pay interest in the amo~uat of one-half of one percent (0.5%) of the amount of the deposit each month for an ar~al rate of six percent (6%). Interest shall be applied to the acco~lnt of the payee ar~/ paid in cash only upon discontinuance. Section 7. That Sections 8-1-21.. Section 8-1023.. Section 8-1-34 ar~J Section 8-1-46 of the Village Code of McCall, Idaho, be.. ar~ the same are hereby repealed. Section 8. That Chapter i of Title VIII of the Village Code of McCall, Idaho, be, and the same is hereby amended by the addition thereto of a NEW SF. CTION to be kno~n~ ar~1 desigr~.ted as Section 8-1-46 of the Village Code of McCall.. Idaho.. ar~l to read as follows: 8-1-46: UI4PAID WATER CHA~IGES: On or before the ist day of A~_~ust of each year, the mayor and clerk of the city are hereby ordered arid directed to certify to the Valley County Tax Collector.. all ~n~paid ~ater charges, penalties and service c~_~rges incurred by the owners of the premises to which water services were provided, together ~ith a legal description of the said premises, the same to be c~_arged against such premise.~-' ar~ to become a lien thereon, a~ the same to be collected in the manner provided by law for the collection of State and County taxes. ~_.ctlon 9. That Section 8-1-5i of the Village Code of McCall, Idaho, be.. and the same is hereby repealed. · -~ection 10. %T~at Chapte'r I of Title VIII of the Village Code of McCall.. Idaho, be, and the same is hereby amer~ed by the addition thereto of a ~.rEW SECTION to be kno~n~ and designated as Section 8-1-51 of the Village Code of McCall Idaho, and to read as follows 8-1-51 DISCONTI~U~,~CE OF WATER SERVICE Notwit. hsta~ding any other provisions of this C~.pter, water service to any premises shall not. be discontinued ~.u~til the following procedure ~.s been followed: If an acco~.n~t remains ~:~aid thirty (30) J~_~ys after it becomes delin~.~ent as pr~Jvided in Section 8-1-41 of this Code, the City Clerk shall notify the o'~er of ~,il~ premises to which such water service was ~rnishe~ or the tenant thereof if the acco~.u~t be in his name, in ~.~ritii~ of such delin~.iency and i~ such ~e. ter bill is not paid in full within twenty (2~J) days ~,t!~;~.~t. er,~,.=~,-~,_,_.~l ~,~at. er s~rvir~_ _ _ st~.ll be di~cont, inu~ ~.u~iess such ,:,%~er ,:,r tenant re,~.~e~,t~: ~. pretermination ~Jf service t~earing. in ~,he event a pretermination hearing is re,~.~ested such hearing shall be held before the Citl,,~ Co~incil after timely notice to such o,,,n-~er or tenant who shall have the right to be represented by co~.u~sei and present witnesses in his bead. If; a written rec¢,rd of such hearir~_~ s~.il be kept by the City and a written decision statir~[ the reason therefor shall be rendered by the City Co~incii within a reasonable time. Water service shall not be discontinued pending such hearir~, but in the event of a decision re,~liring payment of such bill or any portion thereof, the same m~st be paid within ten (10) days after service or mailir,~ of notice of such decision to the o~er or t- .... ~ water ~ '~'- ~n~n,.. or ~,,r,,,l~.e shall be ~Jiscoritinued. All notices ra,. $~ired her~'~"-~.~_.~_.~ sb~.ll be in writing ar~! sP~all be mailed by U.S. certified mail. return receipt re,~lested, with postage prepaid thereon or personally served upon the o%n]er or tenant of such premises. Service s~.ll be deemed complete upon date of service or mailing ~ The owrier or ter~.nt of the premises involved shall ~ave the right, of appeal to the District Court from any adverse decision of the City Council. (F) A copy of th~s Section sb~.li accompany each notice of ~Jelin~lency in pal~ent for %.~at.e.r service given ~.u;der ,the provisi,z,n ,Df this section. Section il. This ordir~nce shall be in full force and effect from and after its passage, approval and p~ib!ication as re,~ired by law. Passed arid approved this day of J~e, 1991. Attest: r~yor City Clerk RESOLUTION WHEREAS, the City of McCall, Idaho, has developed the Mill Park, a public park wherein funds were obtained from the United States Government under the Land and Water Conservation Act of 1965, and administered by the Idaho Department of Parks and Recreation and the Idaho Department of Parks and Recreation P~s req%lested that the City of McCall re-dedicate the premises involved in such project to perpetual recreation use. NOW THEREFORE BE IT RESOL'Yq~D, by the Mayor and Council of the City of McCall, Idaho, as follows' Th~.t the City of McCall, Idaho, dedicate in perpetuity for recreational purposes, the premises in McCall, Valley County, Idaho, more particularly described on Exhibit "A" attached hereto al~ by this reference made a part hereof. That in order to make such dedication the City shall make, execute and record a Deed of Right for Public Recreation Purposes to itself describing said real property and including the following statement, to-wit, "This property has been dedicated solely to outdoor recreation use in perpetuity under the Land and Water Conservation Fund Act of 1965 as administered by the Idaho Department of Parks and Recreation." That the Mayor and Clerk be, and they are hereby authorized and directed to execute such deed for the purposes aforesaid. Dated this /$~day of June, 1991. Mayor c Attest' City Clerk /' ?