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HomeMy Public PortalAboutCouncil Minutes 1991 06/27McCALL CITY COUNCIL MINUTES JUNE 27, 1991 I. CALL TO ORDER AND ROLL CALL Mayor Allen called the meeting to order at 7:03 p.m. Councilmen McCarty, Wallace and Larson answered the roll call. Mr. VanKomen was absent. The Mayor declared a quorum present. II. MINUTES The minutes of the June 13 meeting were considered. Wallace moved to approve the June 13 minutes as presented. McCarty seconded and the motion carried. III. PAYMENT OF CLAIMS A list of claims dated June 21 was presented. Larson moved to approve payment of the claims, Wallace seconded. McCarty noted what appeared to be a duplicate payment. Staff was directed to review this item. A vote was taken on the motion which carried. IV. CONSENT CALENDAR A catering permit for Lardo's on June 29 and the City Planning and Zoning Commission minutes of June 4 were listed. Wallace moved to approve the consent calendar. Larson seconded and the motion carried. V. MAYOR AND COUNCIL COMMENTS AND REPORTS Mr. Wallace noted that the IDA-ORE Board will hold its meeting in McCall on July 18. Mr. Hawkins, director of the Idaho Department of Commerce, will be the speaker and invited other Councilmen to attend. Mayor Allen noted the tendered resignation of Bob Scoles from the City Planning and Zoning Commission. He asked the Council to suggest nominees for the replacement. Mr. Larson noted the meeting of the advisory group for the building inspection program and asked the clerk to ensure that three copies of the building codes were available at city hall. The Mayor so ordered. 1 VI. STAFF REPORTS A. City Administrator's Report: A written report dated June 27 noted the filing of a motion for reconsideration in the Lundgren v. McCall case, the expiration of the Mobile Home moratorium, preparations for the July 4 holiday, a vandalism incident in Mill Park, preparations for the 1991-1992 FY budget, the honoring of Ken Patterson as Idaho Firefighter of the Year, a problem with a rental of the golf clubhouse in which a portion of the clean-up deposit is being retained, and that the notice for the 404 Wetlands permit for the Lakefront Park has been published. A letter from Attorney Robert Miller, representing Joe Scott, requested certain changes in the lease. After discussion the matter was referred to the City Attorney for amendment. the amendment is to be returned to the council for final approval of the changes. B. City Attorney's Report: Changes to the Manchester lease amendment were presented. After discussion, Wallace moved to approve the lease changes and authorize the Mayor to sign the Manchester lease amendment. Larson seconded and the motion carried. A written report noted work on the matter of engineer's liability, and that a demand letter to IDA-ORE for work completed to date had, to date, received no response. VII. PUBLIC HEARING: SPRING MOUNTAIN RANCH, ANNEXATION, ZONING AND APPROVAL OF THE PUD GENERAL DEVELOPMENT PLAN, CONTINUED FROM JUNE 13 The hearing was reopened at 7:30 p.m. as previously scheduled. Staff reported that continuing discussions with the developers had resulted in progress on the golf course agreement, but that the transportation and water agreement were as yet not ready for the Council's consideration. The staff and developer recommended that the hearing be further continued to allow additional time for preparation of the documents. The Mayor asked if anyone wished to comment. Mr. Ray Alford inquired about the fire station site granted in the Whispering Forest PUD. Staff responded that a water reservoir site was being given in lieu of the fire station site which was no longer desired. Without others wishing to speak , the public comment period was closed. The matter was returned to the Council table. 2 McCarty moved to continue this hearing to July 11, 1991 at 7:30 p.m. Larson seconded and the motion carried unanimously. VI. STAFF REPORTS, CONTINUED C. CITY TREASURER'S REPORT: The Treasurer had no report. VIII.OLD BUSINESS A. Airport Operations Agreement: The agreement with Pioneer Air Service for managing certain airport ground activities was presented. Wallace moved to approve the agreement and authorize the Mayor to sign. McCarty seconded and the motion carried. B. Ordinance 587, Amending the City's Water System Regulations, Second Reading: This ordinance, editing and amending certain regulations and discontinuing a turn-off fee was presented for a second reading. McCarty moved to suspend the rule requiring that an ordinance be read on three separate occasions. Larson seconded. On a roll call, McCarty, Larson and Wallace voted AYE. The Mayor declared the rule suspended. McCarty moved to adopt Ordinance 587. Larson seconded. On a roll call vote, McCarty, Larson and Wallace voted AYE. The Mayor declared that Ordinance 587 was adopted and directed that the ordinance be published. C. Ordinance 585; Amending Title 1, Chapter 1 of the City Code, First Reading: The Council took up the matter of salaries for elected officials. Mayor Allen presented the Treasurer's work showing cost -of -living adjustments. After discussion, the consensus was to increase the Mayor's salary to $350 per month and the Council members salaries to $200 per month. Those figures were entered in the draft of the Ordinance. The City Attorney read the Ordinance by title. The Mayor declared that Ordinance 585 had stood for its first reading and ordered it to the July 11 agenda for a second reading. D. Klind Well: Staff requested that an executive session be scheduled to discuss this matter pursuant to I.C. 67-2345, subsection C. 3 E. Eckhart Land Acquisition: The Transportation Committee, Recreation Committee and Council had been invited to tour the land on Wednesday, June 26. Mr. Kirk, Chairman of the Transportation Committee, reviewed the status of the route with the council and urged no action. None was taken to acquire the property. F. Payette Lakes Lumber Company Water Line, Water Main Moratorium: Staff presented a response from JUB Engineering, the water system engineers, confirming that some relaxation of the moratorium may be appropriate as mains are replace and expanded. After discussion, the Mayor with consent of the council, directed that the change be prepared in Ordinance form for consideration by the Council. G. Resolution 8-91, Adding a Councilman's Signature to the Bank Accounts: Resolution 8-91 was presented. McCarty moved to adopt Resolution 8-91 adding Mr. VanKomen to the signatories on the bank account. Wallace seconded and the motion carried. H. 1991 Water Main Improvement Program: Mr. Wagner from JUB Engineering presented the plans and specifications for the 1991 water system improvement program. After discussion, Wallace moved to approve the plans and specifications on the project, subject to the City attorney's approval, and authorize the call for bids on the project. McCarty seconded and the motion carried unanimously. Staff advised that, pursuant to the current budget, these projects, save the airport line, will be financed through the lease -purchase technique and staff will need to be working to arrange this financing. The Mayor directed that this work be undertaken and that financing agreements be returned to the Council for consideration as they are available. IX. NEW BUSINESS A. Ordinance 589, Vacating a Portion of East Lakeshore Boulevard: This ordinance proposed to vacate the lakeward portion of the street right-of-way to the city of McCall for park purposes. McCarty moved to suspend the rule requiring that an ordinance be read 4 on three separate occasions. Wallace seconded and on a roll call vote, McCarty, Wallace and Larson voted AYE. The Mayor declared the rule suspended. McCarty moved to adopt Ordinance 589. Larson seconded. Discussion about further actions including creation of a deed and restricting the deed for park purposes ensued. On a roll call vote, McCarty, Larson and Wallace voted Aye. The Mayor declared Ordinance 589 adopted. B. Open Container Permit, "Footloose": The Chamber of Commerce requested a special use permit for the second annual chamber fund raiser. Staff advised that a resolution was required. McCarty moved to proceed with preparation of the special use permit resolution and return it in proper form to the council on a future agenda. Larson seconded and the motion carried. C. Notice of Claim, Don Jeffries: A claim for restoration of lawn of $54.96 by Mr. Jeffries was considered. Staff recommended that the city pay the claim and deduct the payment from the final payment to Bechtold Construction on the Reedy/Ponderosa main replacement project. The council consensus was to pay the claim and the Mayor so ordered. D. Appeal, Nuisance Ordinance, L.A. Lammerman: An appeal from Mr. Lammerman of the 10-day clean-up period on a nuisance enforcement action was considered. Mr. Lammerman requested 90 days to complete the work. Wallace moved to grant the time extension as requested. McCarty seconded and the motion carried. E. Appeal, Building Official Decision, Ramon Alford: Mr. Alford protested the inspector's denial of a foundation permit on which to place a mobile home. Mr. Mitre appeared and reported the moratorium as the basis for that denial. He asserted that he had called manufacturer and that this was a "red tag" unit, i.e. defined by state statute as a mobile home. After discussion, McCarty moved to uphold the building inspector's decision. Larson seconded and the motion carried. Mr. Alford requested that the Council decision be conveyed to him in writing and the Mayor so ordered. F. Award of Bid, Century 21 Building: Staff reported that only one bid was received on the disposal of the Century 21 building. That bid was from Barbara Ady for $600. Wallace moved to accept the bid from Barbara Ady for the Century 21 building. Larson seconded and the motion carried. Staff was instructed to request that Manchester permit an early removal of the structure. X. BOARD, COMMITTEE AND COMMISSION REPORTS REQUIRING ACTION A. Impact Planning and Zoning Commission, May 28 and June 5, 1991: The matter of the Everett variance was a part of the minutes of these meetings. Attorney Bohner presented letters from adjoining property owners permitting use of their property for snow storage. After discussion, Wallace moved to approve the variance request as recommended by the Impact planning and Zoning Commission and to adopt the Commission's Findings of Fact and Conclusions of Law as the Council's subject to receipt of recorded easements for snow storage in a form acceptable to and approved by the City Attorney. Larson seconded and the motion carried. B. Golf Course Advisory Committee, May 22 and June 11, 1991: These minutes were reviewed for actions. The council requested that the Mayor write letters of thanks to the Golf Foundation contributors and to Max Williamson for seven years of service to the city on the Golf Committee. The Mayor consented to do so. The council elected to take no action on expediting the acceptance of the deed for the golf driving range. The committee recommended denial of the request by Mountain Lakes Realty to advertise golf course frontage land in a display at the clubhouse. Wallace moved to confirm the committee recommendation by denying the request. Larson seconded. On a roll call vote, Wallace voted Aye, Larson voted Aye and McCarty abstained. The Mayor declared the motion carried. C. Impact Planning and Zoning Commission, June 10, 1991: There were no action items and the minutes were ordered filed. D. Park and Recreation Advisory Committee, June 20, 1991: The committee recommended that a single port -a -potty be located on Davis Beach. Wallace moved 6 that one port -a -potty be rented and regularly pumped at Davis Beach and that the cost be assessed to the contingency fund. McCarty seconded and the motion carried unanimously. Action on the Park restroom was deferred. Reports on the wetlands permit and other matters were addressed in the city administrator's report. XI. CORRESPONDENCE Letter from DEQ to JUB Engineering, reviewing the Water System Master Plan: This letter contained the compliance date for the city to be meeting the Clean Drinking Water Act standards. Also noted was a letter from Julie Eddins requesting additional funds to complete the code revision. Staff advised this could be handled in the current appropriation and the Mayor so ordered without objection. XII. INFORMATION ITEMS Receipt of the following information items was noted: Building Department Report for May 1991 Calendar of Meetings The Clubhouse Restaurant Menu XIII. EXECUTIVE SESSION McCarty moved to move to Executive Session as permitted by IC 67-2345, subsection (c) to discuss acquiring an interest in real property not owned by a public agency. Wallace seconded and on a roll call McCarty, Wallace and Larson voted Aye. At 10:40 p.m. the council went to executive session and returned at 11:38 p.m. Mayor Allen announced that acquisition of an interest in the Klind well had been discussed and staff was directed in the negotiations of this matter. Wallace then moved to authorize the Mayor to sign an amended agreement with Klind which has an option for the city to purchase the well and well site as discussed. Larson seconded and the motion carried unanimously. 7 XIV. ADJOURNMENT At 11:39 P.M. without further business, Wallace moved to adjourn. Larson seconded and the motion carried. Arthur J. S hmidt City Admin strator 8 Company Name ,, CITY OF MCCALL a WESTONE BANx Taxpayer Identification 82-6000223 Address Box 1065 City, State Zip McCall, Idaho 83638 Type of Business Public DBA Customer Numbers t Primary Phone 634-7142 • Secondary Phone SIC Code D&BCode a Existing Customer In Business Since i Primary Officer Secondary Officer Check ❑ Inquiry Account Name Signers Required CITY OF'MCCALL'GENERAL ACCT. 1, Account Type Public Bppglpted & 1 electaw..pany and Branch # Account Number 110018380374 Date Opened Opened By Customer Number Hold Stint *Stint Cycle 'Analysis Cycle *Chg/No Chg Close Override of different from default Please Note: Answers to the following are optional and are not - required to open an account, but answers add to the Bank's information files, allowing the Bank to better serve all depositors. Annual Sales ❑ under $100,000 ❑ $100,000 to $500,000 ❑ $500,000 to $1 million ❑ $1 million to $5 million ❑ $5 million to $10 million ❑ over $10 million Net Worth ❑ under $100,000 ❑ $100,000 to $500,000 ❑ $500,000 to $1 million ❑ $1 million to $10 million ❑ over $10 million wESTQNE Company Name Taxpayerldentiticadpn # CITY OF MCCALL 82-6000223 Address Box 1065 City, State, Zip McCall, Idaho 83638 1 ype of Business Public DBA Customer Numbers Primary Phone 634-7142 Secondary Phone SIC Code D & B Code 17 Existing Customer In Business Since Primary Officer Secondary Officer Check • ❑ Inquiry Account Name Signers Required 2 CITY OF MCCALL PAYROLL ACCT. Account Number ' 1100181570�0 Account Type 1 appoinalto&e 1 elected; Public Company and Branch # Date Opened Opened By Customer Number Hold Stmt 'Stmt Cycle *Analysis Cycle *Chg/No Chg Close Override "if different from default Please Note: Answers to the following are optional and are not required to open an account, but answers add to the Bank's information files, allowing the Bank to better serve all depositors. Annual Sales ❑ under $100,000 ❑ $100,000 to $500,000 ❑ $500,000 to $1 million ❑ $1 million to $5 million ❑ $5 million to $10 million ❑ over $10 million Net Worth ❑ under $100,00 ❑ $100,000 to $5 ❑ $500,000 to $1 ❑ $1 million to $1 ❑ over $10 milliol 0,000 illion 0 million MP00506 (5-91) M P00506 (5-1)1) l J Taxpayer 1 D # (Employer 1.D #) Taxpayer,Informatiou'Y-Substltute�,W 9�•a r, t +.t�A¢� w' 82_d��02�'r,;t;� I t7'o Be Used or.Tax � i "#P'u � . � , ... � � .. . • .. i Gertifieatloat I have; teeeived iaatruetiotu for Completion of Subadtute W-9 Under penalties of perjury, I cer, ht tify that v f *�$wtj, rx�� nMy 9+t P a'. , y (1) The ngmbershown on this form is mycorteit taxpayer identification number (or I ern waiting for' a num- r ;,':;ber to be. isstiedifo'me)c and 4! *' ar; w ' (Y) Lan( riot eubjeet,'to batkilp withholding lierduse:: (a) I am exempt from backup withholding, or (b) I have .. .s hot been notified 1y.thaltttetial Revenue Service (IRS) that 1 am subject to backup withholding as a result' s , , of a failuree to report all inteiestordwidends, or (c) the IRS has notified me that I am no longer subject to • :' backup withholding,*,`,- • l i 4,x i �` ' • if you have been notifi by t RS that you are currently subject to backup itinur tax r5jysy} i You mutt cross` out Item withholding because o Signature Depositor's Contract° • : Below, depositor means the business entity who enters into this Depositor's Contract and a E ,persons acting on behalf of the depositor whose signatures appear below. i -'By signing below the depositor opens one or more deposit accounts with West One Bank, Idaho, N.A. The ",t':'depositor has: received, the following disclosures, the terms of which are incorporated herein and are specifical- ate Signed .Li I authorized ly made a part'of this Depositor's Contract: Deposit Agreement, Funds Availability Policy Disclosure, Rules and E• Regulations of Electronie FundsTransfera, .and a service charges brochure. The depositor agrees to be bound .• . 1,y,theterms and .eomiAtionsgoverning these accounts and by any future amendments thereto. • ,▪ Dater t ,,,,Sig e'raRequired ccount Number IG A`10018380374 a Opened, Bye- mpany and Branch # Customer Number Gary Vari x Komen Councilman "NW', , • i'' t 1 4 - 14)[7.21� reasure 'h ty• ;Taxpayer Information = Substitute W�(9. axparer. , To Be Used for Tax Reporting Purposts.f;' „ .r. ;a o .n_,. "are :, „6b00.223"`F Certifications I have received Imtrucdons for Completion of Subiatutey4.1Under penaldesof petjury, I cer tify that:.. tr• (1) The number shown on this form is my correct tazpayer.identificatton"number (or I am waiting for a num- ber to be issued to me), and<Y r tax lu • (2) I am not subject to backup withholding because': (a) I am exempt fron kikekup withholdir g, or (b) I have not been notified by the Internal Revenue Service (IRS) that I ant' subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the lRS,has notified me that I am no longer subject to backup withholding. W" You must cross out item (2) above if you have been notified by the IRS that you are currently subject to backup withholding becau �y . f un or r n j tilt return 27 Signature --. - - - --- -- - - - Depositor's Contract Below, persons By signing depositor ly made Regulations by the terms AOkttlln( �4`C1TY'OF,•MCCALL depositor means the business entity who enters into this Depositor's Contract and all a acting on behalf of the depositor whose signatures appear below .t, below, the depositor opens one or more deposit accounts with West One Bank, Ida has received the following disclosures, the terms of which are incorporated herein and a part of this Depositor's Contract: Deposit Agreement, Funds Availability Policy Disclosure, of Electronic Funds Transfers, and a service charges brochure. The depositor specs and conditions governing these accounts and by any future amendments thereto. rthotized to, N.A. The are specifical- Rules and to be bound •_ , k Name n � -' ^' ignei'i ifegttiretQ a x fix` Account Number PAYROLL ACCT:.. '` ,-110018157020 kiOunt'fype, 1 appoint del,: elected a° a Company, and Brat •. ; �•- Public • k. ` ch # 'y .: ' Date Opened Opened By , .; .} 1..-Customer Number 's 1n r ,a, 4 u-.,, uJohn .. x.x L o., u v � � C -'. v a m' J. Allen Jr., Ma or .. �., Robert G. McCarty Council. President , ,.41101, � Gary Van Komen / . Councilman �.� ,w �� ''c'O /� /r/ "- Arthur J. Schmidt, Cityj7y �3!�iA ,yx � .1.., James H. Henderson, reasu usinesantzties Authorization to Establish Deposit lArra `�nts and to Enyg�a<g,eB,uszness, Services • . L i' �i.rtyJ+"'13rS8i'r d�'-:. k Grr u� L ,'? t' �� "4�����i �• C operating to the State of Idaho ' ,.In this documentrthe word Comps!). prefer to the above`described business entity, regardless of its actual legal for ttthe;Bank shall nfer'to West One Bank, Idaho; '` , ' • I CERTIFY that ramrratithorized co make the following representations on behalf of the Company and that I have tiiekieees aryaiithority to actors behalf of the Company. -That the authorization con- 4ytainedheremivas granted�by the persons or governing bodyof the Conipany having authority to l to i��ac tit°tnn !tingh Id:OW /2 : w'T 19 That'the _Baal be}+destgti3[ed ii depo`sitory of this Company by establishing certain savings And/or- checldiig aecoiint(s)kThat those.account(s) shall be governed by the Business Accounts Terms and t ' Conditions brochure; tlieternis of which are incorporated as part of the Depositor's Contract, and �;, an . oftte'r ` mints or"$isdosures giveii to the Company """M"` .'. " , - . That the pencons whose signatures appear on the reverse are authorized to enter into contracts with • '7the ltank for tiie'establishtneiit of deposit accounts, night deposit facilities, or other products, ser- `vrces or bushiMi•application's which the Bank may offer from dine to time. That the persons whose iignatures appear on the reverse are further authorized to designate in writ- r'ing; agents tc make deposits and receive items placed in night deposit for the Company. No other authority, shall be conferred upon,suchagents y r tam, �*;.�� That any ' x r''' of the persons whose signatures appear tin the reverse are authorized and empowered to endorse ehecks payableor belonging to the Company (whether such endorsement be mantally, by endorsement stamp or otherwise, and whether for deposit, for collection or other- wise) arid: to receive cash sir part,cash for the same, or to make "less cash" deposits, receiving cash for part or ale of the 9rridunt of inch checks and depositing the balance, if any. That the Bank is aUthbnzeil and directed to honor as genuine instruments of the Company any and pall cheeks; drafts oi:other orders for the payment of money drawn in the name of the Company and r signed on; its behalEwitlithcfacsimlee signature of any. - of the persons described above.. That theiindersigited is authorized to certify to the Bank the authority conferred which will remain • in full foie andeffeetuntie directed Otherwise in writing by delivering same to the Branch or Depart Pment where the kecourit(i are held; l � Execute ire:: City Clerk ❑ Hold Harmless Agreements have been executed./ . ❑ The depositor, has had a checking account with West One Bank, Idaho NA., within the last 30 days ❑ :The depositor hat not hid a checking account with West One Bank, Idaho, NA., within the last 30 days .The depositors) .whosssignature appears below hereby resigns any and all authority conferred herein. 3 Signature ,+Iva x�ta )w� k� :� R Signature K .�!twr9q�++w•. person% described abm £erred which will rerm to the Branch or Depa in the last 30 days within the last 30 days Business Entities Authorixatzor'to F.stablzsh+Deli, Arrangements and ;to Engargie.4Buszness,,Services r In this document,the word Co ' :rating in the State of lc will refer to the:above-described , usiness entity, regardlc its actual legal form; the Bank s allrefer to West One, Bank,, Idaho, N • I CERTIFYthatI am authorised to nake'theIfollowiii giepresentation on behalf of the Comb and that I have the necessary authority to act on behaifti£the.Company That the authorization a .tained hereigwas granted by the pet,•s�o,nso Rgovernuig body of the mpany having authori to so act, at a meeting held on _ . « ' i mse., e That the Bank be designated a depository' pf this Cdiiipany by establis ing certain savings an checking account (s).That those account( yshaltbegovernedbythe'B inessAcctiuntsTerms Conditions brochure, the terms of which are incorporated as part of th Deptsitor's Contract, 17-- b an others eements or disclosures giveri to`the COm t41„ t-• •, Y Y gr That the persons whose signatures a)' `s = . < , bn► ppearoti.the,Feverseareauthorizedtoenter into contracts the Bank for the establishment of deposit accounts, night leposit facili 'es, or other products, vices or business applications which the Bankinay offer froin tune to ti e. That the persons whose signaturesappearon thesevetsearefurther au orized to designate in tv g, agents to make deposits and receive jieini placediriiiiight deposit or, the Company. No of authority shall be conferred upon such agents, 1 y}= ! ,va �u h 99 , .. :. _• , That an ; Y . of the persons wbtise si attires 8n appear_tin-the. erse.are authorized empowered to endorse ;checks payable'orbelonging.todthe.Company ( hether such endorsem� be manually, by endorsement stamp or otherwise, and whether for de ...it, for collection or otl wise) and to receive cash or pat cash for'the same, or•tiimake,:"less cas ".. deposits, receiving d for part or all of the amount of such checkiincli lepositing the -balance, if any, That the Bank is authorized and directed to honor as genuine instrumen of the Company any a z all checks, drafts or other orders for the payment of money drawn in the ame of the Company a , J ,,. }Rt/s,+7 rho. �NrNt, :, signed on its behalf with the facsimile signatttro of any ,, •n of the That the undersigned is authoriied to ceitifyto'the Bank the authority co in full force and effect until directed otherivisein writingbydeliveringsam ment where the account(s) are held.'.. a� tfp h, , ,r q Exe ted this 7��' day of ,19 By:rthtir J_ Schmidt v•we '`City Cler idic - ❑ Hold Harmless Agreements have been execute' ck ❑ The depositor has had a checking account with West One Bank: Idaho, NA.; wi ❑ The depositor has not had a checking account with -,West One Bank, Idaho, N.A. The depositor(s) whose signature appears, below hereby resigns any and all author y conferred herein. Signature .. 1 ORDINANCE NO, 587 AN ORDINANCE RELATING TO CITY WATER SERVICE; REPEALING SECTION 8-1-17 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 8-1-17 OF THE ;+TILLAGE CODE OF McCALL, IDAHO, TO PROVIDE FOR NOTICE TO THE CITY TREASURER FOR TURN i aN AND TURN OFF OF WATER SERVICE, TO PROVIDE FOR A TURN ON FEE AND TO PROVIDE THAT NO FEE SHALL BE CHARGTED FOR WATER TURN OFFS; REPEALING SECTION 8-1-18 OF THE VILLAGE CODE OF McCALL, IDAHO; AMENDING* CHAPTLR 1 OF TITLE VIII OF THE VILLAGE CODE OF McCALL: IDAHO: BY TME ADDITION OF A NEW SECTION 8-1-18 OF THE 4TILLAGE CODE OF &CALL , IDAHO, TO REQUIRE A $58.00 REFUNDABLE DEPOSIT FOR WATER SERVICE: TO PROVIDE EXEMPTIONS FROM PAYMENT OF SUCH DEPOSITS, TO PROVIDE FOR A DEFINITION; REPEALING SECTION 8-1-19 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.-19 OF THE VILLAGE CODE OF NcC.ALL, IDAHO, TO PROVIDE FOR REFUNDS OF WATER. DEPOSITS: TO PROVIDE .FOR THE MANNER IN WHICH REFUNDS SHALL BE MADE AND TO PROVIDE THAT Ii T.LREST SHALL BE PAID ON WATER DEPOSITS AND TO PROVIDE HOW SUCH INTEREST Sr:ALL BE PAID. REPEALING* SECTION 8-1-21, SECTION 8-1-23 SECTION 8-1-34 AND SECTIG:N 8-1-46 OF THE VILLAGE CODE OF McCALL, IDAHO; ANENDING CHAPTER 1 OF TITLE VIII OF THE VILLAGE CODE OF McCALL, IDAHO. BY THE ADDITION OF A NEW SECTION 8-1-46 OF THE VILLAGE CODE OF McCALL: IDAHO, TO PROVIDE THAT UNPAID WATER CHARGES, PENALTIES AND SERVICE CHARGES SHALL BE CERTIFIED TO THE VALLEY COUNTY TAX COLLECTOR TO BE CHARGED AGAINST THE PREMISES TO WHICH WATER SERVICE WAS FURNISHED, AND TO BE COLLECTED IN THE MANNER PROVIDED BY LAW; REPEALING SECTION 8-1-51 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 8-1-51 OF THE VILLAGE CODE OF McCALL, IDAHO: TO PROVIDE FOR DISCON- TINUANCE OF WATER SERVICE, TO PROVIDE FOR NOTICE OF TERMINA- TION OF WATER SERVICE, TO PROVIDE FOR A PRETERMINATION HEATING IF REQUESTED, BEFORE THE CITY COUNCIL, TO PRO,TIDE THAT OWNERS AND TENANTS MAY BE REPRESENTED BY COUNSEL, TO PROVIDE THAT A WRl'1 aN RECORD OF SUCH HEARING* SHALL BE KEPT: TO PROVIDE FOR A WP I°1 itN DECISION BY THE CITY COUNCIL IN A REASONABLE TIME, TO PROVIDE THAT WATER '.SERVICE SHALL NOT BE DISCONTINUED PENDING A HEAPING, PROVII?ING FOR PAYEENT AND PROVIDING; FOR TIME OF FA YNEN°IT IN THE EVENT OF A DECISION REQUIRING PAYMENT OF SUCH WATER BILL .PRIOR TO DISCONTINU- ANCE OF WATER SERVICE, TO PROVIDE THAT REQUIRED NOTICES S BY THE C'IT`i SHALL BE IN'1 WRITING AND THE MANNER OF SERVICE THEREOF, TO PROVIDE FOR APPEALS TO THE DISTRICT COURT: TO REQUIRE THAT A COPY OF THIS SECTION SHALL ACCOMPANY EACH NOTICE OF DELINQUENCY IN PAYMENT MEN'T FOR WATER SERVICE GIVEN UNDER. THIS SECTION; AND. TO PROVIDE FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE flAYOP AND CO UNC IL OF TEE CITY OF ncCALL . IDAHO, AS FOLLOWS: Section 1. That Section 8-1-1 r of the Village Code of McCall: Idaho: be, and the same is hereby repealed. Section 2. That. Chapter 1 of Title VIII of the 'Village Code of McCall, Idaho, b e : and the same is hereby amended by the addition thereto of a NEW SECTION: to be known and designated as Section 8-1-17 of the Village Code of McCall: Idaho: and to read as follows: 8-1-17: TURNING ON WATER -CHARGES -TURNING• OFF WATER: Whenever the owner or occupant of any premises connected with the City grater supply system desires to begin water service, he shall notify the City Treasurer and pay a. turn on fee of thirty dollars ($30.00) and shall be charged the full monthly rate for the month in which service begins. Whenever the owner or occupant of any premises connected with the City water supply system, and receives such water service, desires to discontinue such service he shall notify the City Treasurer. No fee shall be charged for such turn off except that the full monthly rate shall be charged for the month in which such service is discontinued. Section 3. That. Section 8-1-18 of the Village Code of McCall, Idaho, b e , and the same is hereby repealed. Section 4. That. Chapter 1 of Title VIII of the Village of McCall, Idaho, b e , and the same is hereby amended by the addition thereto of a NEW SECTION to be known and designated as Section 8-1-18 of the Village Code of McCall, Idario: and to read as follows: 8 -1-18 : DEPOSIT REQUIRED - EXEMPTIONS: Each applicant f o r water service shall pay a refundable deposit of fifty dolars ($50.00) unless the applicant is the owner of the premises to which water service is to be provided or the applicant has had a water account at another premises serviced by the City water supply system within the past five (5) years, in his own name and has had a. satisfactory payment record for the last twelve months such account was in effect. A satisfactory payment record shall 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. Tha.t. Chapter 1 of Title VIII of the Village Code of McCall, Idaho, b e , and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 8-1-19 of the Village Code of McCall: Idario: and to read as follows: 8-1-19: DEPOSIT REFUNDS - INTEREST PAID ON DEPOSIT'S. Deposits collected under the provisions of Section 8-1-18 shall be rind by tha Ci t ,r lint i i tha r�FtveR nmouP....5t O i ��r•n t i nu nce of w. t er sPr l r.R .,..._ �.� .. �.,. _..- r•• Y_ �u _ _.:... ...ice v_.._,�a._.._,....ti ,�� „_...,.. .. _. _ �_ - or until the payee has attained a satisfactory payment record for t wP 11 e continuous months as defined in this Chapter. Deposit refunds shall be in the form of a credit to the account of the payee. A cash refund equal to the amount of the deposit plus interest earned and less any outstanding account balance shell be paid upon discontinuance only. While any deposit is held by the City: the City shall pay interest in the amount of one-half of one percent. (0. 5%) of the amount of the deposit each month for an annual rate of six percent (6%). Interest shall be applied to the account of the payee and paid in cash only upon discontinuance. Section ?. That Sections 8-1-21: Section 8-1023, Section 8-1-34 and Section 8-1-46 of the Village Code of McCall, Idaho, be: and the same are hereby repealed. Section 8. That. Chapter 1 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 known and designated as Section 8-1-46 of the Village Code of McCall: Idaho, ,and to read as follows: 8-1-46 : UNPAID WATER CHARGES: On or before the 1st day of August of each year, the mayor and clerk of the city are hereby ordered and directed to certify to the Valley County Tax Collector, all unpaid water charge:: penalties and service charges incurred by the owners of the premises to which water service: were provided: together with a. legal description of the said premises., the Name to be charged against such premises and to become a. lien thereon, and the Name to be collected in the manner provided by law for the collection of State and County taxes. Section 4. That Section 8-1-51 of the Village Code of McCall, Idaho, b e : and the same is hereby repealed. Section 10, That Chapter 1 of Title VIII of the Village Code of McCall, Idaho, b e , and the same is hereby amended by the addition thereto of a. NEW SECTION to be known and designated as Section 8-1-51 of the Village Code of McCall Idaho: and to read as follows: 8-1-51 : DISCONTMANCE OF WATER SERVICE: Notwithstanding any other provisions of this Chapter, water service to any premises shall not be discontinued until the following procedure has been followed: (A) If an account remains unpaid thirty (30 ) days after it becomes delinquent as provided in Section 8-1-41 of this Code, the City Clerk shall notify the owner of the premises to which such water service was furnished or the t.r_nant thereof if the account be in his, name, in writing of such delliiq't1+:Ilcy and if such grater bill is not paid In full within t•':tTent•y ; 2_) days thereafter, .1} water service shall be discontinued unless such owner or tenant requests :a. pret.ermination f service h+_`-gyring. In the event a. preterminaLion hearing is requested such hearing shall be held before the City Council after timely notice to such owner or tenant who shall have the right to be represented by counsel and present witnesses in his: behalf: a. written record of such hearing shall be kept by the City and a written decision stating the reason therefor shall be rendered by the City Council within a, reasonable time. Water service shall not be discontinued pending such hearing but in the event of a. decision requiring payment of such bill or any portion thereof, the same must be paid within ten 10 i days after service or mailing of notice of such decision to the owner or t.Czl�:nt.' or water service shall be discontinued. All notices required hereunder shall be in writing and shall be mailed by U.S. certified mail, return receipt requested, with postage prepaid thereon or personally ,served upon the owner or tenant of such premises. Service shall be deemed complete upon date of service or mailing. (E) The owner or t.ena.nt of the premises involved shall have the right of appeal to the Dist.rict Court from any adverse decision of the City Council. (F) A copy of this Section shall accompany each notice of delinquency in payment for water 'service given under the provision of this section. Section 11. 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 day of ,June: 1991. Mayor Attest: City Clerk ORDINANCE NO. 5--"y/ AN ORDINANCE VACATING A PORTION OF LAKESHORE BOULEVARD IN Mc-CALL'S FIRST ADDITION TO THE VILLAGE OF McCALL AND PROVIDING* THAT SUCH VACATED PORTION SHALL REVERT TO THE CIT`l OF McCALL, IDAHO. WHEREAS.. it is deemed expedient for the public good and it is hereby found that it is to the public good to vacate that portion of Lakeshore Boulevard in McCall' s First Adit.ion to the Village of McCall, hereinafter described. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO , AS FOLLOWS: Section 1. Tha.t that certain portion of the westerly side of Lakeshore Boulevard in McCall's First Addition to the Village of McCall, according to the official plat thereof on file and of record in the office of the Recorder of Valley County, Idaho, extending from the north boundary of Hemlock Street to the south boundary of Pine Street more particularly described on Exhibit 'A' attached hereto and by this reference made a part. hereof, be, and the same is hereby vacated. Section 2. That the vacated portion of Lakeshore Boulevard herein described•shall revert to the City of McCall, Idaho. Passed and approved this 27th day of June, 1991. Attest: t. i ty C yor commencing at the southwesterly corner of Lot 11 Block'._ 6, McCall's First Addition to the Village of McCall-T.-is shown on the Official plat thereof on rite in Book 1, Page 28, of Plats in the Office of the RecorOerof Valley County, Idaho, a 1" in, Thence, S.08 351W. 1139.91 feet along the easterly boundary of Lake Street to the southwesterly corner of Lot 1, Block 3 of said McCall's First Addition, Thence 8.25019130"W. 132.27 feet to the intersection of the southerly boundary of Pine Street and the westerly boundary of Lake Street, the REAL POINT OF BEGINNING, Thence, N.57°50130"W. 200.77 feet along said southerly boundary to the High Water Mark of Payette Lake, Thence, in a general northerly direction along said High Water Mark the following courses and distances: N.26°43'42"E. 37.34 feet, N.77°07'30"E. 17.95 feet, and N.37°41'04"E. 4.93 feet to a point on said High Water Mark being the intersection of the northerly boundary of Pine Street and said High Water Mark, Thence, S.81°�5'00"E. 131.38 feet, Thence, N.08 35'00"E. 34.00 feet on a line parallel to and 60 feet west of the westerly boundary of Block 3 of said MoCall'e First Addition, Thence N.81°25'W. 99.34 feet to a point on said,High Water Mark, Thence northerly along said High Water Mark the following courses and distances: 14.66°31144"E. 5.93 feet, N.79°18'02"E. 22.08 feet, N.30°31131"E. 29.14 feet, N.12°03114"E. 39.27 feet, N.04o43'37"E. 38.83 feet, 14.21°06'03"E. 45.55 feet, N.12a05'41"E. 50.11 feet, 11.07°44104"E. 83.96 feet, N.53n15'06"E. 66.02 feet, N.10°19'56"E. 224.13 feet, N.03o55101"E. 55.63 feet, N.01°44'09"W. 36.32 feet, N.25°36'32"E. 32.16 feet, 14.03°09'38"E. 132.40 feet, N.13°05'06"W. 37.99 feet, N.11°26110"E. 26.73 feet, N.00°37133"E. 100.71 feet, N.17°55'41"E. 50.03 feet, N.02°14'07"E. 53.84 feet, and 14.13°02'35"E. 22.80 feet, to the inter- section of said :sigh Water Mark and the northerly boundary of Hemlock Street, Thence 9.81 25'00'E. 34.61 feet, Thence 8.08°35'00"W. 300.00 feet, Thence 8.81°25'00"E. 10.00 feet, Thence S.08°35100"W. 500.00 feet, Thence N.81°25000"W. 10.00 feet, Thence 8.08°35100HW. 339.91 feet, Thence 8.01°13'32"E. 128.54 feet to the Point of Beginning, containing 1.089 acres, more or lees. EXEIBI^1 "A"