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.
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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
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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
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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 /'
?