HomeMy Public PortalAbout2008.11.06 Regular Council MinutesMINUTES
McCall City Council
Regular Meeting
Legion Hall (McCall City Hall - Lower Level)
November 6, 2008
Agenda
Call to Order and Roll Call
Council Work Session
Public Hearing
Public Comment
Consent Agenda
Business Agenda
Committee Minutes
Adjournment
GALL TO ORDER :AND ROLL GALL
Mayor Kulesza called the regular meeting of the McCall City Council to order at 5:30 p.m.
Council Member Bailey, Council Member Delaney, and Mayor Kulesza answered roll call.
A quorum was present. Member Scott and Council Member Witte were absent. Council
member Scott arrived at 5:32. Council Member Witte Arrived at 5:33.
In addition to the Council Members, present were Lindley Kirkpatrick, City Manager; City
Attorney Terry White; Jerry Summers, Chief of Police; Eric McCormick, Golf Course
Superintendent; John Anderson, Airport Manager; Michelle Groenevelt, Community
Development Director; Brock Heasley, Parks and Recreation Director; Brenna Chaloupka,
Acting City Clerk / Administrative Assistant; and BessieJo Wagner, Deputy City Clerk /
Administrative Assistant.
COUNCIL NNORKSE.SSION
The Consolidated Department Head Report
Council Member Delaney asked Mr. McCormick about the idea of aerating in the fall as opposed
to the spring. Mr. McCormick stated that his staff did aerate in the fall.
Council Member Bailey had a question about the Environmental Assessment Advisory group for
the Airport, could the same people that are doing the Airport Zone and Building Standards
Review also be the EA Advisory group. Mr. Anderson stated that if those same people want to
also be on the EA Advisory Committee, they are welcome to participate.
Mayor Kulesza wanted to ensure that the conversation with the contractor for the Environmental
Assessment to determine the purpose and need, and the scope of the project, was done early and
upfront. He wants to make sure that the opportunity does not slip away. Mr. Anderson stated that
McCall City Council Regular Meeting
November 6, 2008
Page I of 14
the first meeting was scheduled for Wednesday December 3, 2008. It will be a public meeting.
Mr. Anderson wanted to know if the Council wants to have a work session at that time. Mayor
Kulesza stated that he had understood that the meeting would be public and that the forum would
be such that public comments would be heard. Mr. Anderson confirmed that the meeting would
be for the public and that it would make sense for the Council to come and just make it a public
Council meeting. The Council agreed to make it a Special Meeting for the Council and
participate in the meeting scheduled for December 3, 2008. The meeting will be published in the
paper.
Mr. Kirkpatrick clarified that the suggested Franchise fee increase of 2% would not affect the
power rate, it would only affect the franchise fee amount and that increase would be passed onto
the customer. The City then uses that money to bury power lines within the City.
Mr. Kirkpatrick explained that the two homes that tested positive for lead is most likely due to
something indicative to those homes and not with the City's system.
Mayor Kulesza stated that there was an offer from Glen Jacobson, who works for the
Department of Lands and is knowledgeable of noxious weeds, to volunteer with the City to assist
with the development of a plan to control noxious weeds.
Mayor Kulesza stated that after reviewing the annual drinking water quality report, he noted that
the report shows tests from a broad range of chemical components. He also noted that some of
the tests were done regularly and some were done with many years between, some tests date
back to 1998. He would like for the City to look into how much would it cost to do a current full
battery of tests on metals, nitrates, fertilizers, and pesticides. He felt that it would be pertinent to
the issues that the City was currently looking at with the proposals of marina expansion.
Council Member Bailey stated that the last test done for storm water run off drains was in 1996.
He suggested that a test at each outfall in the Central Business District be done to see what is
coming out of the storm drains in the spring. He also suggested that there may be a high school
class that could take the samples. The test could be compared to the test taken in 1996 to
compare and see what has improved. There are now five vortech units and then there were none.
Council Member Bailey intends to write up a proposal to get the tests done.
Ms. Groenevelt clarified that the bank now owns the Timber Crest building downtown and is in
the process of getting it ready for winter including fixing the side walk to meet City standards.
She stated that the bank is meeting with Community Development on Friday, November 7, 2008
to discuss what needs to be done.
Mayor Kulesza led the audience in the Pledge of Allegiance at 6:04 p.m.
1 t BLIC HEARING
AB 08-217 Fee schedule increases in the City Clerk, Parks and Recreation, and
Community Development departments. Resolutions 08-20, 08-21, and 08-22
Brenna Chaloupka, Acting City Clerk, stated that during the FY09 budget process, staff
discussed increasing fees in the City Clerk, Parks and Recreation, and Community Development
McCall City Council Regular Meeting
November 6, 2008
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departments in order to keep up with the administrative costs associated with collecting those
fees. The business license fees were last increased in 2002. Ms. Chaloupka stated that the range
for business licenses in other Cities is $20-$75 and confirmed that the new rate of $25 would
cover the City's administrative costs. There was some discussion as to whether the suggested
parks fees were too large of an increase. It was stated that the new park fees would be accurate
for covering the staff costs. Council Member Delaney stated that she would like to know what
analysis had been done to compare to other cities and would like to see where the numbers come
from. Mr. Kirkpatrick noted that it is important when doing the comparison that the fees being
compared are comparable.
Michelle Groenevelt, Community Development Director, gave an overview of the Planning and
Zoning fee increases. Her analysis included comparable mountain towns and a break down of the
number of hours spent on each application and action.
Council Member Bailey made a suggestion that the Zoning Ordinance fee should say "Zoning
and/or Subdivision Ordinance amendment". He also stated that the proposed fee for suggesting
an ordinance change of $750 was too high. He felt that it could discourage citizens from
participating in amending City ordinances. Ms. Groenevelt clarified that the rationale behind the
proposed $750 fee covers staff time in addition to the cost of noticing it in the paper and having
the City attorney review the ordinance. If it is initiated by Council there is no charge. Ms.
Groenevelt stated that the proposed fees are still lower than other communities or at least
comparable.
Mayor Kulesza opened the public hearing at 6:23 p.m.
Wayne Ruemmele — 1050 Fireweed — He recommended that the fee for amending ordinances
reflects when it is an expedited request, and then the fee should apply.
Hearing no further comments, Mayor Kulesza closed the public hearing at 6:24 p.m.
Council Member Delaney asked Brock Heasley, Parks Director, if he had compared the proposed
parks fees to other communities. Mr. Heasley responded that all communities are different, so
the comparison was difficult. Council Member Bailey wanted to know what differentiates a large
event from a small event. Mr. Heasley stated that that it depends on the event and it is looked at
by a case by case basis. There was some discussion on the justification of the new fees for parks
reservation. They have looked at what the costs of cleanup and maintenance would be for the
events to determine the new rate. Council Member Delaney felt that it should be a $500 fee.
Council suggested that the City redefine the threshold of what constitutes a small and large
group. The definition is currently in the policy. The issue of the fee was defined to cover the
administration and maintenance costs.
Council Member Scott moved to approve the fee schedule increase as recommended by
staff and adopt Resolutions 08-20 to include the definition of a small event as 0-50 people
and a large event as 51-more people, and authorize the Mayor to sign all necessary
documents. Council Member Bailey seconded the motion. In a roll call vote, Council
Member Scott, Council Member Bailey, Mayor Kulesza and Council Member Witte voted
aye, Council Member Delaney voted nay and the motion passed.
McCall City Council Regular Meeting Page 3 of 14
November 6, 2008
Council Member Bailey moved to approve the fee schedule increase as recommended by
staff and adopt Resolutions 08-21, and authorize the Mayor to sign all necessary
documents. Council Member Scott seconded the motion. In a roll call vote, Council
Member Bailey, Council Member Scott, Council Member Delaney, Mayor Kulesza and
Council Member Witte voted aye, and the motion passed.
Council Member Bailey moved to approve the fee schedule increases as recommended by
staff and adopt Resolutions 08-22 with the change to the title of the "Zoning Ordinance
Amendment" fee to "Zoning and/or Subdivision Ordinance Amendment (special
accelerated process)" fee and change the fee amount to $50.00 and authorize the Mayor to
sign all necessary documents. Mayor Kulesza seconded the motion.
Council Member Scott asked if that covered the notice costs. Mr. Kirkpatrick stated that it does
not. Mr. Kirkpatrick stated that if the council wants to capture the expense to the City in the fee
there are three categories to consider, notice fee, the codifier fee, the attorney fee, and attorney
fee, all of which are variable. The $750 fee was the staffs best calculation of what it would
average to cover the costs to the City.
Terry White, City attorney summarized by stating that procedurally if a citizen feels that there
should be an ordinance amendment; they can bring it to any Council Member who will present it
to the Council for consideration. The Council decides the route the amendment would need to go
through, this would be available for all citizens at no charge. Then on the other side, if a citizen
is requesting a special ordinance or amendment that only benefits the requestor, then the fee
would apply.
Council Member Witte had a question on the annexation fee, if the City is annexing an area that
is already developed, is the fee charged? Ms. Groenevelt stated that if it is a City initiated
annexation, then there is no charge, the charge only applies when it is initiated by a private party.
Council Member Bailey stated that based on the discussion he would amend his motion to
say: approve the fee schedule increases as recommended by staff and adopt Resolutions 08-
22 with the change to the title of the "Zoning Ordinance Amendment" fee to "Zoning
and/or Subdivision Ordinance Amendment (special accelerated process)" fee. Mayor
Kulesza's second of the motion stands. In a roll call vote, all members voted aye and the
motion passed.
AB 08-216 Spring Mountain Ranch Subdivision, Phase 5: Approval of a Preliminary
Plat application (SUB-08-05)
Gregg Tankersley, Secesh Engineering, stated that the proposed subdivision is the 5th Phase and
part of the last parcels of the Spring Mountain Ranch Planned Unit Development (PUD) to be
developed. The original PUD was approved in 1993 for 753 units. The total area of Phase 5 is
11.45 acres, with 26 residential, single-family lots between 0.79 and .025 acres. Upon approval
of the application for final plat there will be an excess of 100 units below the 753 originally
approved. The property is zoned as low -density residential and the project is proposing
approximately 2.3 drawing units per acre. The project includes the development of a new road
that would connect Spring Mountain Boulevard and Bitterroot Drive. The road has 40' Right -of -
Way — consistent with the Spring Mountain Ranch PUD — that is augmented by a 12'
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November 6, 2008
Utility/Snow Storage easement on either side, with the utilities located underground. Storm
Water would be consistent with the rest of the development, which currently flows down to a
regional treatment facility surrounded by the cedar portion of the Golf Course. They have met all
but two of the conditions for approval set by City Staff. The parks requirement is one that Amy
Pemberton will address. They have issued a letter to the neighbors who are concerned with
existing trees in the right-of-way of the new road.
Amy Pemberton, representing Secesh, stated that the access for the road was part of the original
plat. She had two comments on the proposed findings, Secesh will need to remove aspen trees to
build road and Secesh is willing to work with neighbors to minimize the impact. She proposed
that they change the condition that Planning and Zoning approved that states "the applicant shall
work in good faith to secure lot line adjustments that will allow for the realignment of the road
stub from Bitterroot Dr. to the proposed road" to "Work in good faith to minimize the impacts of
the road stub" She stated they would like to propose that they plant some aspen trees to the side
of the road to compensate for removal of the trees currently in the path for the new road. The
alternative would be to remove trees that have a much longer life span to be able to construct the
road around the aspen trees.
Ms. Pemberton addressed the parks requirement for the project. It is part of the initial Spring
Mountain Ranch PUD. They originally worked with the City and contributed approximately 95
acres for the Golf Course and 2 miles of public bike paths, therefore they think that the Parks
requirement has been satisfied. She asked that the City consider the requirement satisfied.
Mayor Kulesza asked for clarification of the total number of units planned for the PUD. Ms.
Pemberton stated that the original plat was for 753 units and with Phase 5 there will be a total of
640 units. There are a few more acres left that could be developed but not for 113 units. The
amount of acreage required for parks for this phase is about an acre and the total amount of
acreage for the 753 units is 20 acres. As stated, the developer already contributed 95 acres plus
two miles of bike paths. It was clarified that the most units the developer is likely to build out to,
would be 675 units as opposed to the original number of 753 units.
Council Member Delaney stated that to work in good faith is a very general statement. Ms.
Pemberton stated that they would like to work with the neighbors to find what they would like to
do and find out the impact of moving the aspen trees or planting new ones.
Ms Groenevelt commented on the provisions to the findings and conclusions that the applicants
requested stating that she did not have any issue with the wording on the condition for the road.
As for the parks requirement, City staff understood that this is a subdivision that has been
submitted under the current ordinance which requires the park. She stated that the project would
not be exempt of the requirement; it would be up to the Council to decide if the requirement
applies.
Council Member Delaney asked why was the issue of the 40 foot right of way, with 12 foot snow
storage a condition of approval. Current standard for a road is a 60 foot right of way, but in
Spring Mountain Ranch they are all 40 foot due to the initial PUD. Initially the City said this
project would have to comply with the current ordinance of a 60 foot right of way; however after
some conversation with the streets department superintendent it was decided that since the rest of
McCall City Council Regular Meeting Page 5 of 14
November 6, 2008
the roads were 40 feet and there isn't a problem with snow plowing, this project could have
roads with a 40 foot right of way to be consistent with the rest of the PUD.
Council Member Delaney wanted clarified that the staff's recommendation on the parks
requirement is that it had been met. Ms. Groenevelt stated that it is standard for it to go to the
Parks and Recreation Advisory Committee and they would make a recommendation to the
Council. She stated that the Council can make the determination if they want a recommendation
from the Committee or if they have enough information to make a determination.
Council Member Witte asked if there is still an open space requirement for PUDs. If so, how
does the City normally resolve the issue of parks requirement for a subdivision and an open
space requirement for a PUD when one project has both. Ms. Groenevelt confirmed that there is
an open space requirement for PUDs, and it would depend on the project and the city code, but
generally the two are counted separately.
Mayor Kulesza opened the public hearing at 7:12 p.m.
Hearing no comments, Mayor Kulesza closed the public hearing at 7:12 p.m.
Council Member Bailey stated that he owns property within a third of a mile of the PUD and is
no longer a member of the Spring Mountain Ranch board of directors and therefore does not feel
it is conflict of interest. The Council agreed.
Council Member Bailey stated that there was one more condition he would like to add, that the
applicant adds street lights at the intersection of Bitterroot and Spring Mountain Boulevard with
Violet Way and to match the existing street lamps on the Spring Mountain Ranch PUD. He also
stated that the applicant shall submit for approval an amendment to the existing plat to correct
the street name or whatever legal document would be required to accomplish correcting the
name of the street.
Council Member Delaney expressed concern of whether a street light would be needed there
considering that the subdivision already has a street lamp at every intersection and a few in
between. It was stated that the homeowner association wants the street lights. Council Member
Delaney felt that if there were lights from porch lights that an additional light may not be
necessary.
Council Member Bailey moved to approve SUB-08-05 subject to the Findings and
Conclusions with the following amendments:
1. Conclusion #3 - Council finds that the parks requirement has been met by the
contribution of the 95 acres of Golf Course and the two miles of walk/bike path by
the original developer.
2. Conditions 7&8 - The applicant add street lights at the intersections of Bitterroot
and Violet Way, and Spring Mountain Boulevard and Violet Way and to match the
existing street lamps on the Spring Mountain Ranch PUD. He also stated that the
applicant shall submit for approval an amendment to the existing plat to correct the
street name or whatever legal document would be required to accomplish correcting
the name of the street
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November 6, 2008
3. Condition 9 - finding #32.15 shall be removed and replaced with the following: "the
applicant shall work in good faith with the two neighbors abutting Bitterroot to
minimize the impacts of the road stub from Bitterroot Drive to the proposed Violet
Way."
And authorize the Mayor to sign all necessary documents. Council Member Scott seconded
the motion.
Council Member Witte suggested that the street light be place along Spring Mountain Blvd at the
corner of Violet way but not at the intersection of Bitterroot Drive and Violet Way. After some
discussion the motion stood as stated.
In a roll call vote, all members voted aye and the motion passed.
AB 08-145 ZON-07-03: Crystal Beach Condominiums — Zoning Map Amendment from
CC to R8
Michelle Groenevelt, Community Development Director, stated that the applicant requested a
continuance until November 20, 2008. The applicant requested approval for a Zoning Map
Amendment. Previously, Idaho First Bank existed on the subject property (103 East Lake Street)
and was zoned Community Commercial. The applicant has demolished the building on this
parcel and is now applying to have the Community Commercial property rezoned to R8 —
Medium -Density Residential which matches the surrounding zoning. There has been delays to
this project due to the left turn bay at Mission Street and whether there is room for a sidewalk.
The proposed Zoning Map Amendment will remove an instance of "spot zoning" in the City of
McCall.
Mayor Kulesza opened the public hearing at 7:37 p.m.
Hearing no comments, and per the applicant's request, Mayor Kulesza continued the
public hearing to the November 20, 2008 Council meeting.
PUBLIC COSIMENT
Mayor Kulesza called for public comment at 7:38 p.m.
Pete Wessel —The City's GIS Technician — He stated that he is resigning his position due to
personal reasons. He wanted to thank the Council and staff, Mr. Kirkpatrick and Ms. Groenevelt
for the great working environment at the City and also thanked NHS for his living arrangement
at the McCall Avenue Homes.
The Council thanked Mr. Wessel for his time with the City of McCall.
Hearing no comments, Mayor Kulesza closed the public comment at 7:40 p.m.
CONSENT AGENDA
McCall City Council Regular Meeting
November 6, 2008
Page 7 of 14
Staff recommended approval of the following items:
• Minutes from September 25 & October 9, 2008
• Warrant Register printed on October 29, 2008
• Payroll Report for Period ending October 17, 2008
• AB 08-218 Alcohol Beverage Catering Permits
• AB 08-215 Application for recertification for Tree City USA
• AB 08-208 Purchase Agreement for Former Fire Station
This item was pulled from the agenda as per the Fire District Request
Some discussion took place to clarify the warrant register and correct the minutes.
Council Member Delaney moved to approve the Consent Agenda with the exception of the
purchase agreement for the former fire station and the minutes corrected. Council
Member Witte seconded the motion. In a voice vote, all members voted aye and the motion
passed.
Bt SINESS :AGENDA
Mayor Kulesza changed the order of the agenda moving the Golf Rates to the first item on the
business agenda then the McCall Avenue Homes agenda item second.
AB 08-214 Golf Rate Fees for 2009
Eric McCormick, Golf Course Superintendent and Golf Advisory Committee feel that increasing
the rates at this time would not improve revenue for the coming year. If the rates are increased,
history has shown that it would decrease play and revenue would not increase. It is Mr.
McCormick and his staffs opinion that they have a better chance of increasing play by being the
lowest rate in the area.
Allan Morrison, the Golf Course Clubhouse Manager and Golf Professional, stated that the
added option of the $10.00 family night last year has been very successful and well received by
the community. The restaurant is doing well with the new chef, seeing record revenue this year.
Council Member Scott moved to approve leaving the golf rates for 2009 the same as 2008.
Council Member Delaney seconded the motion. In a voice vote, all members voted aye and
the motion passed.
AB 08-220 Approval of the amendments to the Community Housing Covenants, and
ratification of the previous approval of the first amendment to the Ground
Lease for the McCall Ave Homes
Council Member Scott clarified that if the VARHA Covenants go away, and the resident that is
paying a dollar, do they now have to start paying double the fair market value. For the covenants
to go away it would take Council action or foreclosure.
Council Member Witte wanted to know what happens if VARHA goes away. Mr. Kirkpatrick
stated that the conditions would still apply, only the body that administers the conditions would
change.
McCall City Council Regular Meeting Page 8 of 14
November 6, 2008
It was stated that in the owner occupied scenario where the home is foreclosed upon, then the
covenants would go away and the rent on the land would go up. In the case of a foreclosure and
someone purchased it as a second home the land lease rate would be twice the fair market value.
The question was posed if there was a choice of someone wanting to buy it and rent it out and
paying the higher rate as opposed to it being owner occupied. The answer was that this would
not be an option. Michael David clarified that the covenants run with the land so once it is
agreed upon, the only way to get around it is Council action or foreclosure. In the case of
foreclosure, the bank has the option of maintaining the covenants or eliminating them.
Council Member Witte suggested that they modify the lease so all potential buyers would pay
the higher lease rate and could apply to have the rate lowered so that the City would have some
income from the sale of the homes.
Connie Hogland, CEO for Neighborhood Housing Services, stated that one of the biggest selling
points of the homes is the dollar lease rate on the land and not having to pay property taxes on
the land, they only have to pay taxes on the house. If the lease was changed, as suggested by
Council Member Witte, then it would be a restriction that would hinder the sale of the homes.
Even if the person has the option of applying for a lower rate it hinders the application process to
purchase the home dragging out the process longer and therefore making the homes more
difficult to sell.
It was Council Member Witte's opinion that the owner occupied restriction would be very
difficult to enforce.
Michael David made a comment that with the owner occupied restriction and the homes priced at
or around $140,000, it would be more likely that the pool of people that would purchase these
homes would fall into the original targeted group of workforce housing.
Council Member Witte suggested that the lease rate be equal to the department of lands for all
potential buyers. Then lower income buyers could apply for rent reduction. It was stated that
buyers would have to be qualified in advance at the lease rate stated, then if they did not qualify
at that rate, would then have to apply for a rate reduction and the buyer process would start over.
This process could be very lengthy and therefore a deterrent for possible buyers. Connie
Hogland stated that Neighborhood Housing needs the restrictions lifted so the homes would be
more marketable.
Council Member Bailey stated that for the Community Housing Covenants document, in the first
paragraph 1.1 it states "Declarant owns personal property which is designated to be the site of
community housing..." and he thought it should be "Declarant owns real property which is
designated to be the site of community housing..." Michael David stated that the change was
made from "real" to "personal" due to the houses being on leased land. It was pointed out that
throughout the rest of the document "personal" property is not referred to; it is only "real"
property. Terry White, City Attorney, stated that it should read "real" property.
Council Member Bailey continued with discrepancies on page 2, paragraph 2.2 there is a
reference to an instrument number. That number needs to be filled in prior to signing the
document. And Exhibit A needs to be complete prior to recording. It was clarified that there will
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November 6, 2008
be nine separate documents to be signed once they are approved. Also on page 3, paragraph 3.6
it references section 3.6, it should be 3.5.
Council Member Witte expressed the concern of what happens if VARHA is no longer in
existence. It was suggested that the covenants could state with VARHA or an assigned agency.
Mr. Kirkpatrick stated that it would be an issue to deal with at the time that VARHA would
cease to exist. He does not foresee this happening in the near future as there is a need for
Community Housing and the City has a commitment to Community Housing. However, if they
were to discontinue their business then it would be part of their dissolution process to straighten
out this type of situation and all commitments that VARHA has.
Council Member Delaney asked about the scenario of what if the City may want to discontinue
their relationship with VARHA. Mr. David stated that state statute requires that if the City finds
there is no longer a housing issue then VARHA can be dissolved. Council Member Delaney
asked what would happen if the City felt that VARHA was not doing their job. Mr. David stated
that the City could get rid of the board members and directors of VARHA or stop funding them;
however it is an independent agency from the City.
Council Member Delaney stated that she did not think that VARHA had managed the
Community Housing issue well and thinks that if the City continues to have them manage
Community Housing, it would be a potential problem.
Some discussion took place in regard to the role of VARHA and what would happen if the City
did not work with VARHA. It was stated that if the City no longer worked with VARHA, the
City would have to set up its own Housing Authority. Currently VARHA is responsible for
managing the covenants of the Community Housing. The City manages the terms of the land
lease.
Council Member Delaney expressed a concern that if the City lifts all the restrictions and is tied
to VARHA and they do not perform to City expectations, then VARHA could still receive a fee
for no services. How can the City hold VARHA accountable? Mr. Kirkpatrick stated that it
would be a political process. The VARHA board has one member that the City Council
appointed and if he does not hold the City's interest then the option would be to appoint a new
member. There are other public entities on the VARHA board to work through as well. The City
could withdraw its funding in protest.
Council Member Delaney expressed her concern that VARHA was supposed to market and sale
the McCall Avenue homes and they failed to do so. She also expressed that they failed to bring
the issues of the homes not selling to Council in a timely fashion, therefore not having the time
needed to strategically look for alternate ways to sell the homes. Mr. David stated that it was
NHS who was responsible not VARHA. There was some discussion that the problem was nation
wide and not just in McCall.
Council Member Witte referred to paragraph 2.6 of the Covenants that stated "A "Qualified
Occupant" is a person or group of people who at the time a lease or rental agreement is entered
into between the Owner and Qualified Occupant meet and is in full compliance with the
qualifications...", should read: "A "Qualified Occupant" is a person or group of people who at
McCall City Council Regular Meeting Page 10 of 14
November 6, 2008
the time a lease or rental agreement is entered into between the Owner and Qualified Occupant
meet and are in full compliance with the qualifications..."
Council Member Witte asked that since VARHA stated they would not charge the administrative
fee, then Section 5.2 (which allows VARHA 1% per year up to a maximum of 4% total, of the
selling price) could be deleted. Mr. David stated that VARHA had chosen to leave it in the
Covenants, so in the case of a resale, if the seller wanted to use VARHA they had the option.
Council Member Witte stated that as it is written if someone buys one of the homes and then in
two years needs to sell, they would have to pay $500 to the City and 2% of the cost of the house
to VARHA. It was clarified that if the seller uses a realtor then they would also have to pay the
realtor fees. It was stated that the whole time the homes had been for sale they had never been on
an MLS listing due to VARHA not being a realtor. Ms. Hogland had the understanding that
VARHA would not receive their 1% per year fee on the McCall Avenue Homes. Mr. David
stated that paragraph 5.2 should be stricken from the covenants. Paragraph 5.2 was originally
written when VARHA had to ensure that the buyer met all the deed restrictions and monitor
them.
Mr. Kirkpatrick explained that originally when the covenants were written, it was set up so that
VARHA had a way to generate a revenue stream. It would help VARHA to be a self sufficient,
independent agency, not requiring property taxes for support. Mr. Kirkpatrick also pointed out
that by deleting paragraph 5.2, it would also eliminate a source of income for VARHA making
them more dependent on local property taxes. This could result in VARHA requesting a larger
amount from the City.
There was some discussion as to whether to leave paragraph 5.2 in the document or remove it.
Mr. Kirkpatrick pointed out again that if the Council chose to eliminate the opportunity for
VARHA to generate revenue from the sale of the Community Houses they would be creating a
policy shift and VARHA would become more dependent on property taxes. It was the intention
at the time VARHA was created, for them to become an independent agency. Mr. David stated
that he was not apposed to the removal of paragraph 5.2 due to the changes in the covenants. The
general consensus was to remove the paragraph in its entirety.
Council Member Bailey moved to adopt the First Amendment to the Ground Lease, as
amended — on page two, change the wording "deed restrictions" to "VARHA covenants"
and authorize the Mayor to sign all necessary documents. Council Member Delaney
seconded the motion.
Council Member Witte stated that she did not think that the City should lease the land for $1.00
a year for 99 years to people who can afford more.
In a roll call vote, Council Member Bailey, Council Member Delaney, Mayor Kulesza, and
Council Member Scott voted aye and Council Member Witte voted nay and the motion
passed.
Council Member Bailey moved to approve the Community Housing Covenants, with the
following amendments:
• Paragraph 1.1— change the wording "personal property" to "real property"
• Paragraph 2.2 — Add the instrument number
McCall City Council Regular Meeting Page 11 of 14
November 6, 2008
" P a r a g r a p h 2 . 6 C h a n g e t h e w o r d i n g " i s i n f u l l c o m p l i a n c e " t o " a r e i n f u l l
c o m p l i a n c e "
" P a r a g r a p h 3 . 6 C h a n g e t h e r e f e r e n c e t o S e c t i o n 3 . 6 t o 3 . 5
" P a r a g r a p h 5 . 2 D e l e t e S e c t i o n 5 . 2 a n d r e n u m b e r
" P a r a g r a p h 7 . 5 D e l e t e s e n t e n c e t h a t r e f e r e n c e s S e c t i o n 5 . 2 .
A n d a u t h o r i z e t h e M a y o r t o s i g n a l l n e c e s s a r y d o c u m e n t s . C o u n c i l M e m b e r S c o t t s e c o n d e d
t h e m o t i o n . I n a r o l l c a l l v o t e , C o u n c i l M e m b e r B a i l e y , C o u n c i l M e m b e r S c o t t , C o u n c i l
M e m b e r D e l a n e y , M a y o r K u l e s z a , a n d C o u n c i l M e m b e r W i t t e v o t e d a y e a n d t h e m o t i o n
p a s s e d .
M a y o r K u l e s z a c a l l e d a r e c e s s a t 1 0 : 4 1 p . m .
T h e M e e t i n g r e c o n v e n e d a t 1 0 : 4 6 p . m .
A B 0 8 - 2 1 9 G r a n d P a y e t t e H o t e l S u b d i v i s i o n : A p p r o v a l o f P r e l i m i n a r y P l a t ( S U B - 0 8 -
0 4 ) , P r e l i m i n a r y P l a n ( P U D - 0 8 - 0 3 ) a n d C o n d i t i o n a l U s e P e r m i t ( C U P - 0 8 - 0 5 )
S t e v e M i l l e m a n n , c o u n s e l f o r t h e a p p l i c a n t , h a d t w o r e q u e s t s f o r c l a r i f i c a t i o n o f t h e F i n d i n g s :
" P a g e 1 2 o f 1 9 , i t e m 1 6 t h e " g e n e r a l d e v e l o p m e n t p l a n " s h o u l d r e a d " f i n a l d e v e l o p m e n t
p l a n "
" P a g e 1 4 o f 1 9 , i t e m 8 s h o u l d h a v e a d d i t i o n a l l a n g u a g e a d d e d t h a t s t a t e s " o r t o r e a s o n a b l y
d e l i n e a t e p r i v a t e c o m m o n a r e a s f r o m p u b l i c a c c e s s a r e a s . "
M r . M i l l e m a n n s t a t e d w i t h t h e t w o c h a n g e s , t h e y h a d n o o b j e c t i o n s t o t h e C o u n c i l ' s F i n d i n g s .
M i c h e l l e G r o e n e v e l t , C o m m u n i t y D e v e l o p m e n t D i r e c t o r , c l a r i f i e d t h e p h a s i n g p l a n :
" P h a s e 1 : S i t e w o r k , i n f r a s t r u c t u r e w o r k a n d o f f - s i t e i m p r o v e m e n t s w h i c h w i l l c o m m e n c e
n o l a t e r t h a n t h e e a r l i e r t o o c c u r o f : ( i ) t w e l v e m o n t h s ( 1 2 ) a f t e r t h e t e r m i n a t i o n o f a l l
l e a s e s t o s p a c e w i t h i n t h e Y a c h t C l u b b u i l d i n g ; o r , ( i i ) M a r c h 1 , 2 0 1 2 .
" P h a s e 2 : V e r t i c a l c o n s t r u c t i o n , a f t e r t h e c o m p l e t i o n o f P h a s e 1 , c o m m e n c i n g n o l a t e r t h a n
t h e e a r l i e r t o o c c u r o f : ( i ) t w e n t y - f o u r ( 2 4 ) m o n t h s a f t e r t h e t e r m i n a t i o n o f a l l l e a s e s t o
s p a c e w i t h i n t h e Y a c h t C l u b b u i l d i n g ; o r , ( i i ) J u n e 1 5 , 2 0 1 5 .
M a y o r K u l e s z a a s k e d f o r c l a r i f i c a t i o n o n w h e n a p p l i c a n t s g e n e r a l l y s u b m i t t h e i r p a r k s
r e q u i r e m e n t p r o p o s a l . M s . G r o e n e v e l t s t a t e d t h a t t y p i c a l l y t h e p a r k s p l a n i s s u b m i t t e d w i t h t h e i r
i n i t i a l a p p l i c a t i o n . S t a f f w a s i n i t i a l l y u n a w a r e o f t h e i n t e n t t o h a v e k i t c h e n s i n t h e u n i t s , s o a p a r k
p l a n o r r e c o m m e n d a t i o n w a s n o t r e a d y a t t h e t i m e o f p r e l i m i n a r y p l a t . T h e c o n d i t i o n i s t h a t t h e y
h a v e a p r o p o s a l a t f i n a l p l a t a n d p a r t o f t h e p r o c e s s i s t o g o t o t h e P a r k s A d v i s o r y C o m m i t t e e f o r
a r e c o m m e n d a t i o n .
C o u n c i l M e m b e r D e l a n e y a s k e d w h a t t h e s t a n d a r d t i m e f r a m e s a r e . M s . G r o e n e v e l t s t a t e d t h a t
t h e t i m e f r a m e f o r a C U P i s t w e l v e m o n t h s f r o m t h e a p p r o v a l d a t e u n l e s s t h e C o u n c i l f i n d s t h a t i t
i s u n r e a s o n a b l y s h o r t , t h e n t h e C o u n c i l c a n e x t e n d t h e t i m e p e r i o d . T h e t i m e f r a m e f o r a P U D i s
4 . 5 y e a r s a f t e r f i n a l p l a n a p p r o v a l , a n d f o r a S U B t h e r e i s n o t i m e f r a m e .
M a y o r K u l e s z a h a d c o n c e r n s w i t h t h e i s s u e o f t h e p a r k s a n d p u b l i c a c c e s s , a n d t h e s o m e o f t h e
i m p o r t a n t i s s u e s , o n c e t h e p r e l i m i n a r y p l a t i s a p p r o v e d , w o u l d b e p u s h e d i n t o t h e f u t u r e . C o u n c i l
M e m b e r B a i l e y p o i n t e d o u t t h a t t h e i s s u e s o f p a r k i n g a n d s t o r m w a t e r a r e C i t y i s s u e s w h i c h t h e
p r o j e c t o f t h e G r a n d P a y e t t e H o t e l c o u l d h e l p g i v e s o m e d i r e c t i o n t o s o l u t i o n s .
M c C a l l C i t y C o u n c i l R e g u l a r M e e t i n g P a g e 1 2 o f 1 4
N o v e m b e r 6 , 2 0 0 8
c
Council Member Delaney had issues with the time frames of the Grand Payette Hotel project.
Council Member Bailey explained that there have been other projects that have had extended
time frames. There are also items that future Councils can weigh in on such as the parking and
parks requirements. He does not see the risk.
Council Member Witte had concerns about the parks requirement. If the Council approves the
preliminary plat, the parks recommendation would not be seen by Council until the Grand
Payette Hotel final plat approval. Mr. Millemann stated that the conditions state that the
applicant will comply and present an acceptable plan to the Council at final plat.
Ms. Groenevelt stated that after Mr. Nichols, the City Attorney had reviewed the Findings and
Conclusions he recommended that another condition be added. The Condition would specify that
the applicant shall address the occupancy issue in the development agreement.
Council Member Bailey requested that his memorandum dated October 19, 2008, be included as
public record for the project of the Grand Payette Hotel, so the reason for the extended timelines
and comments made in a constructive manner are not lost to future viewers of the project.
Council Member Bailey moved to approve the Grand Payette's Preliminary Plat (SUB-08-
04), Preliminary Plan (PUD-08-03) and Conditional Use Permit (CUP-08-05) subject to the
attached findings and conclusions with the amendments as follows:
• Page 8, paragraph 15 to revise the last sentence to read "The applicant shall provide
a stormwater system/plan that is of high standards (meets or exceeds the highest
standards of the Drainage Management Guidelines)."
• Page 12, paragraph 11, strike item b as the parking requirement is covered in item c
(add, per City Code), and paragraph 16, change the wording to say "approval of the
final development plan".
• Page 14, paragraph 5, to add the wording after landscaping, "occupancy restrictions
for the condominium units," and paragraph 8, add the clause at the end "or to
reasonably delineate a private common areas from public access areas."
And authorize the Mayor to sign all necessary documents. Council Member Scott seconded
the motion.
Ms. Groenevelt stated that she would add Council Member Bailey's comments to the findings.
In a roll call vote, Council Member Bailey, Council Member Scott, Mayor Kulesza, and
Council Member Witte voted aye, Council Member Delaney voted nay and the motion
passed.
Other Discussion
Council Member Bailey asked about the status of the agreement with Vicky Wade. Mr.
Millemann stated that she had signed the documents. There was a concern about where to stage
the truck for the propane delivery. The issue is that the truck cannot park in the roadway unless
the road is closed. The two options are either the City closes the road during the delivery or have
some tire ramps made to allow the truck to pull up onto the sidewalk for the delivery. The truck
has to be out of the way of travel.
McCall City Council Regular Meeting Page 13 of 14
November 6, 2008
COMMNlITTEE iIlNF TES
The Council received copies of the following minutes:
• McCall Improvement Committee — September 25, 2008
• Golf Course Advisory Committee — October 8, 2008
ADJOURNMENT
Council Member Witte moved to adjourn the meeting Council Member Scott seconded the
motion and in a voice vote all members voted aye and the motion carried.
Without further business, the meeting was adjourned at 11:01 p.m.
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ATTEST: S'•,;9LL .,0.�
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BessieJo W. rr, City '%lerk
Bert Kulesza, Mayor
McCall City Council Regular Meeting Page 14 of 14
November 6, 2008