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"