HomeMy Public PortalAbout2017.08.24 Regular Minutes
MINUTES
McCall City Council
Regular Meeting
Idaho First BankCommunity Room
August 24, 2017
Call to Order and Roll Call
Pledge of Allegiance
Approve the Agenda
Consent Agenda
Business Agenda
Public Hearing
Public Comment
Business AgendaContinued
Adjournment
CALL TO ORDER AND ROLL CALL
Mayor Aymon called the regular meeting of the McCall City Council to order at 5:02p.m.
Mayor Aymon, Council Member Giles, Council Member Nielsen, and Council Member
Witte all answered roll call.
City staff members present were Bill Nichols, City Attorney; BessieJo Wagner, Interim City
Manager/City Clerk; Shay Tyler, Deputy Clerk;Linda Stokes, City Treasurer; Erin Greaves,
Communications Manager; Delta James, City Planner; Jay Scherer, Airport Manager; Traci
Malvich, Human Resources Manager
Mayor Aymon led the audience in the Pledge of Allegiance.
APPROVE THE AGENDA
Council Member Wittemoved to approve the agenda as submitted. Council Member Giles
seconded the motion. In a voice vote all members voted aye and the motion carried.
CONSENT AGENDA
Staff recommended approval of the following items:
1.City Council Regular Minutes July 27, 2017
2.City Council Special Minutes August 3, 2017
3.City Council Regular Minutes August 10, 2017
4.Payroll Report for Period ending August 11, 2017
5.Clerk Licenses Activity Report
6.Warrant Register –GL
7.Warrant Register –Vendor
McCall City Council Regular MeetingPage 1of 13
August 24, 2017
8.AB 17-178 Treasurer’s Report for July
9.AB 17-179 Request to Approve Closeout of AIP Snow Removal Equipment Grant 3-16-
0023-22
10.AB 17-180 Request to Approve the FAA AIP Improvement Program Grant Acceptance for
the Fuel Apron and Taxiway Rehabilitation, Notice of Award, and Construction Contract
Council Member Gilesmoved to approve the Consent Agenda as submitted. Council
Member Nielsen seconded the motion. In a roll callvote Council Member Giles, Council
Member Nielsen, Mayor Aymon, and Council Member Witteall voted aye and the motion
carried.
BUSINESS AGENDA
AB 17-182Request for approval of Health Insurance Plan for FY18
Human Resource Manager Traci Malvich presented the Health Insurance Plan for FY18. She
providedinformation on health insurance renewal options for FY18 budget. Human Resources has
received quotes from CIGNA, Blue Cross, and III-A (Idaho Independent Intergovernmental
Authority). Based on the quotes received from the carriers mentioned, staff recommended
selecting Blue Cross to providegroup health insurance for FY18.
HR Manager Malvich discussed the details of the specificplan options proposed by Blue Cross
and III-A. Blue Cross provided two plans for consideration, Option 1, and Option 2. III-A provided
an option which is identical in design to Blue Cross Option 1. She went over the two cost
comparisons of each option.The first comparison for each plan option shows the total savings as
compared to the current FY18 budget. The second comparison for each plan option shows the total
cost as compared to the FY17 budget. The costs stated in the summary are for the City paid portion
of health insurance only.
There was a brief question and answer period on specific coverage items.
Council Member Gilesmovedto select FY18 health insurance plan Blue Cross Option 2, and
authorize the Human Resources Manager to sign all necessarydocuments. Council Member
Witteseconded the motion. In a roll call vote Council Member Giles, Council Member Witte,
Mayor Aymon, and Council Member Nielsenall voted aye and the motion carried.
AB 17-174 Request for Ordinance Adoption of Fiscal Year 2018 Budget
City Treasurer Linda Stokes presented the ordinance for adoption of FY18 budget. Council had
set a tentative budget in the amount of $23,748,175 on July 14, 2017. The FY18 Tentative Budget
includedthe growth and annexation property tax amounts from the county Clerk, the 3% maximum
allowable property tax increase, and no available foregone amount.
Council conducted a duly noticed public hearing at the August 10, 2017 Council meeting regarding
the tentative (proposed) FY18 budget. There was no public comment at that time. The public
hearing was continued until August 24, 2017 for written comment only. No written comment had
been received.
McCall City Council Regular MeetingPage 2of 13
August 24, 2017
Receiving no written comments,Mayor Aymon moved to closethe Public Hearing on the
Proposed FY18 Budgetat 5:17 p.m.Council Member Nielsen seconded. In a voice vote all
members voted aye and the motion carried.
Council Member Wittemoved tosuspend the rules, read by title only, one time only
Ordinance No. 959. Council Member Gilesseconded the motion. In a rollcall voteCouncil
Member Witte, Council Member Giles, Mayor Aymon, and Council Member Nielsenall
voted aye and the motion carried.
Deputy Clerk Shay Tyler read the ordinance:
An ordinance entitled the FY18 annual appropriation ordinance for the fiscal year beginning
October 1, 2017, appropriating the sum of $23,748,175 to defray the expenses and liabilities of the
City of McCall for said fiscal year, authorizing a levy of a sufficient tax.
Council Member Wittemoved toadopt Ordinance No. 959setting the FY18 City of McCall
budget appropriation at $23,748,175, and authorize the Mayor to sign all necessary
documents.Council Member Nielsenseconded the motion. In a roll call voteCouncil
Member Witte, Council Member Nielsen, Mayor Aymon, and Council Member Giles all
voted aye and the motion carried.
AB 17-175 Request for Ordinance Adoption Setting Council and Mayor Salaries per
Month at $225 and $375 Respectively
Interim City Manager BessieJo Wagner presented the ordinance to set the Council and Mayor
monthly salaries. At the August 10, 2017 Council meeting, the Council decided to change the
salary for Council Members from $200 per month to $225 per month and the Mayor’s salary from
$350 per month to $375 per month. City Council Members and the Mayor also receiveall benefits
afforded to regular full time employees of the City of McCall as described in the annual "Employee
Benefits Guide"including Idaho PERSI retirement benefits.
The ordinance and summary to adopt these changes would go in effective January 1, 2018.
Council Member Wittemoved tosuspend the rules and read by title only one time only
Ordinance 961. Council Member Gilesseconded the motion. In a roll call voteCouncil
Member Witte, Council Member Giles, Mayor Aymon, and Council Member Nielsenall
voted aye and the motion carried.
Deputy Clerk Shay Tyler read the ordinance:
An ordinance of the City of McCall, Valley County, Idaho, amending chapter 8, City Council;
Mayor,of Title 1, Administrative,of the McCall city code as follows: in section 1.8.5: Salary of
the Council Memberschanging the salary to two hundred twenty five dollars (225.00); in section
1.8.11: Salary of Mayor, changing the salary to three hundred seventy five dollars (375.00) and
providing an effective date.
Council Member Gilesmoved toadopt Ordinance 961setting Council Member salaries to
$225 per month and the Mayor’s salary to $375 per month, approve the publication of the
Summary, and authorize the Mayor to sign all necessary documents.Council Member Witte
seconded the motion. In a roll call voteCouncil Member Giles, Council Member Witte,
Mayor Aymon, and Council Member Nielsenall voted aye and the motion carried.
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August 24, 2017
AB 17-176 SelectCouncil Member to serve on the McCall Redevelopment Agency Board
Interim City Manager BessieJo Wagner presented the McCall Redevelopment Agency Board
member selection request. Biennially at the first meeting of the Council, after a general Council
Election, the members designate one of their number as a voting member of the McCall
Redevelopment Agency (MRA). With the resignation of Council Member Nic Swanson who also
served on the MRA, the Council needs to select one of their members to serve on theMRA until
January 11, 2018.
Council Member Nielsen agreed to take the position.
Council Member Wittemoved to appointColby Nielsen to serve on the McCall
Redevelopment Agency Board of Commissioners for a term to expire on January 11, 2018.
Council Member Giles seconded the motion. In a roll call vote Council Member Witte,
Council Member Giles, Mayor Aymon, and Council Member Nielsen all voted aye and the
motion carried.
AB 17-185 Request to Appoint an Applicant to Fill a Vacancy on City Council or Direct
staff to re-advertise
Interim City Manager BessieJo Wagner presented the vacancy on the City Council to either
appoint a candidateto fill the position from the previous applicants or to open the position to new
applicants. With the resignation of Council Member Scott, the Council will need to appoint
someone to the City Council for a term to expire on January 11, 2018. Applicants must be a
qualified elector, at least 18 years of age, a U.S. citizen, and theirprimary residence must be within
the city limits for at least 30 days prior to submitting their application.
The Council had a vacancy in July of which a press release was submitted to the paper to run the
vacancy request for two weeks. The vacancy was also posted on the City’s website and Facebook
page. As a result four applications were received. The Council interviewed the four possible
candidates for the Council position to finish out the current year. Those candidates were Cami
Hedges, Colby Nielsen, Michael Everett, and Melanie Holmes. The Council appointed Colby
Nielsen to fill that vacancy.
McCall City Code 1.8.8 states that as a whole, the Council may consider the matter of appointment
to fill the vacancy and make their recommendation to the mayor for appointment. The Council
may choose to either consider one of the other three applicants to fill this current vacancy or they
may choose to advertise again for applicants to fill the vacancy. The resumes of Cami Hedges,
Michael Everett, and Melanie Holmeswere provided.
The Council discussed. All Members wanted to re-advertise the position for new applicants with
the exception of Council Member Giles who felt there were good choices with the existing
applicants, and thought it sent out a bad message to those who had already applied. He askedthat
a motion be made for the decision.If re-advertised, the ad would run for two weeks. September 7,
2017 was selected as the interviewing date.
Council Member Witte moved to direct staff to advertise for Laura Scott’s vacated position.
Council MemberNielsen seconded the motion. In a roll call vote Council Member Witte,
Council Member Nielsen, Mayor Aymon all voted aye and the motion carried.Council
Member Giles voted no.
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August 24, 2017
PUBLIC HEARING
Mayor Aymon opened the public hearing at 5:30 p.m.
AB 17-181Request to Approve SUB-17-01 Subdivision Final Plat, Development Agreement
and Escrow Agreements for the Shore Lodge Cottages Subdivision
City Planner Delta James presented the request to approve SUB-17-01 Subdivision Final Plat,
Development Agreement and Escrow Agreements for the Shore Lodge Cottages Subdivision.The
application is for Shore Lodge Cottages, a new twenty three (23) lot subdivision within the
Whitetail Planned Unit Development (PUD). The applicant has also submitted a Development
Agreement application to amend the existing Whitetail PUD Development Agreement to allow
recordation of the Final Plat prior to completion of water, sewer, private road infrastructure, and
landscaping within the open spaces. The proposed deadline for completion of all improvements is
December 31, 2018. An Escrow Agreement has been submitted to provide financial assurances for
the deferred improvements in the amount of $1,844,902.13 (125% of the estimated costs in
accordance with MCC 3.10.10). Additionally, the applicant proposedto extend the December 31,
2017 deadline to December 31, 2019 for completion of improvements within Whitetail Phase 1A
as outlined in the Second Amendment to the Development Agreement filed on May 31, 2012. An
Amendment to the Escrow Account Agreement Phase 1A extends the associated financial
assurances.
At its July 11, 2017 regularly scheduled meeting, the McCall Area Planning and Zoning
Commission held a properly noticed public hearing and unanimously recommended the final plat
and Development Agreement for approval by City Council.
Dan Scott, applicant, spoke on the location of the cottages and briefly discussed the property plans.
Amy Pemberton, attorney, reported there will be some minor changes to the plat in regards to the
Army Corp Permit for the wetland areas which should be received by the end of the month. Those
modifications will be included on the final plat prior to recording.She also discussed some
adjustments that were requested by Payette Lakes Recreational Water and Sewer District.
City Planner James verified some details of the development agreement’s default clause, and
answered the Council’s questions.
Receiving no written comments and hearing no public comments, Mayor Aymon closedthe
public hearing at 5:40p.m.
Council Member Wittemoved toapprove SUB-17-01 Final Plat as recommended by the
McCall Area Planning and Zoning Commission and authorize the Mayor to sign all
necessary documents.Council Member Nielsenseconded the motion. In a roll call vote
Council Member Witte, Council Member Nielsen, Mayor Aymon, and Council Member
Giles all voted aye and the motion carried.
Council Member Gilesmoved to approve the Third Amendment to Whitetail PUD
Development Agreement, Shore Lodge Cottages Escrow Agreement, and Amendment to
Whitetail Phase 1A Escrow Agreement and authorize the Mayor to sign all necessary
documents. Council Member Witteseconded the motion. In a roll call vote Council Member
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August 24, 2017
Giles, Council Member Witte, Mayor Aymon, and Council Member Nielsenall voted aye
and the motion carried.
AB 17-177 Request to Approve CUP-17-03 Conditional Use Permit to Entitle the Continued
Use of the Conifer Lodge at 925 Conifer Lane as a Short Term Rental with
Occupancy of 20 or more persons
Mayor Aymon opened the public hearing at 5:42 p.m.
Mayor Aymondisclosed that two months ago she received a phone call from Mark Russell, a
resident in the Conifer Lodge neighborhood, who was very concerned. Mayor Aymon let him
know that she understood his concerns about short term rentals. When he asked if he could share
with his neighbors that the Mayor was in support of the opposition,she corrected him stating he
could only say she understands the issues around large short term rentals.She did not give him
permission to say she was supportive of the opposition.
City Planner Delta James presented the request forCUP-17-03 Conditional Use Permit to entitle
the continued use of the Conifer Lodge at 925 Conifer Lane as a short term rental with occupancy
of 20 or more persons.The Tuft Family Revocable Trust has submitted theapplication for the
continued short term rental use of a residential property with an advertised maximum occupancy
of thirty-five (35) individuals. The use of the property as a large short-term rental pre-dates the
City’s ordinance requiring a Conditional Use Permit for such use. Therefore, it is a pre-existing
use that cannot be denied, but that upon which conditions may be placed to mitigate issues such
as traffic, noise, etc.
No changes wereproposed to the existing building, which was constructed in 2004 and includes
10 bedrooms and 7 bathrooms. The site plan illustrates that onsite parking is provided for up to 9
vehicles (2 in the garage and 7 outside) with controlled access off of Strawberry Lane, a paved
road. No parking area was proposed off of Conifer Lane.Operation of the property included
prohibition of the use of outdoor audio/video equipment andquiet times from 10 p.m. to 8a.m.
which are posted on the property and included in the rental agreement.
At a special meeting held July 18, 2017the McCall Area Planning and Zoning Commission(P&Z)
held a properly noticed public hearing and recommended approval of the Conditional Use Permit
to City Council with conditions as described in the attached staff report. The applicant objectedto
several of these conditions.
City Planner James went over therecommendedconditionswhich include quiet hours
requirements,video surveillanceand interior/exterior audio meters, property manager
requirements, maximum overnight occupancy, yearly occupancy restrictions,rental datato be
provided with the tax payments, parkingrestrictions, drivewayaccess, trash location, landscaping
plan to discourage parking in a certain location, business license and local option tax remittance.
Steve Millemann, attorney for the applicant, briefly covered the State statues governing short term
rentals. He covered the home’s history, discussingwhat the applicant has done toaddress the noise
issues, visual impact such as fencing, trash receptacle location, management plan accountability,
parking, and video surveillance. Mr. Millemann addressed the conditions that the applicant does
not agree to specifically the number of occupancy,audio meters, and snowmobile trailers and RVs.
Kitty Tuft, co-owner of 925 Conifer Lane, spoke on their efforts to address the noise issues, video,
they meet personally with each guest, signs are posted, ban on outside music or amplification,
fencing and garbage, landscaping plans, game room issuesuch as adding A/C unitso window will
McCall City Council Regular MeetingPage 6of 13
August 24, 2017
remain closed. Frank Tuft, co-owner of the home,gave a background on him and his family
history, his desire to be able to have the same amenities as his neighbors to have a trailer on his
property, and expressed how he would like to get along and work with his neighbors.
City Attorney Bill Nichols went through a slide show summary of the new House Bill 216 statue
which legislates short term rentals, and explained how it affects cities and communities.
Public Comments in Favorof the Applicant
RandyHulbert, 1670 Warren Wagon, spoke thatin the beginning he was not happy about the
Conifer Lodge and had to threaten legal action before the owner met with him to draw up some
rules. The conditions put in place with this conditional use permit are far better than what was
originally drafted and he is content with them.
Neil Smith, 1081 W.Rivercrest CircleSouth in Jordan, Utah has known the Tufts for many years
spoke on the character, their needs for this income for retirement. He stated that thisshort term
rentalis their life and future.
Claudia Smith, 1081 W. Rivercrest Circle South in Jordan, Utahspoke on the need for rentals for
large families, and how the Tufts put their heart in to the building of their home. She spoke on the
size of their family gatherings which are over 30 people and the difficulty in finding places big
enough to accommodate them when they come here to visit.
Mark Mathews,909 Ann Street,plows thesnowat Conifer Lodge andhas only witnessed parking
on Coniferon a couple of times and never seen anyone on the area that is blocked off. Council
MemberGiles asked for clarification on how many and how difficult it is to fit a snowmobile truck
and trailer into the parking space. Mr. Matthews answered thattwo trucks and trailerscould park
on the west side leaving room for 5 cars in the drive plus the 2 in the garage.
Debra Walgren, 1912 Nordic Circle who owns a large short term rental in Island Park. She
manages three large cabins over 27 plus people. She spoke about how her town and Freemont
County dealt with large short term rentals by researching successful ordinances in other areas and
drafted what is called the Freemont County Home Occupation Transient Rental Permit which is
required of all vacation rentals regardless of size or occupancy. Safety was important but a big
focus on neighborhood enjoyment addressing response time, and theeffort has been very
successful. Occupancy is based on square footage which is 150 sq. ft. per person. She felt the 75%
annual restriction was wrong. Council Member Giles asked questions about snowmobile trailers
and parking. Ms. Walgren stated that if there is not enough parking, it is the renter’s responsibility
to find additional parking somewhere else.
John Farmer, 630Ruby Street, talked about his youth and relation to the Tufts, their love for
McCall, and felt they were trying to be good neighbors.
Jens Jensen, 223 Ernesto, spoke about the investment put in by an owner/business ownerand
expressed concerned that regulation could be put forth in the future that could hurt his business.
Personally, he cannottell the difference from one large of 19 over a group of 35. He thought that
if the City is going to regulate noise, it should be through a noise ordinance.
McCall City Council Regular MeetingPage 7of 13
August 24, 2017
Dick Stones, 3609Fox Run of New Meadows, spoke of the good nature of the Tufts and the
difficulty of screening of renters. He was in favor of renting to a group of 35.
Paul Ryan, 342 Whitetail Drive, has been in the home and itcan easily accommodate 35 people.
The rules are clearly posted and behavior and conduct rules are everywhere, and itis a large lot
back off the roadand not that noticeable from the road. It is not the nicest home in the
neighborhood yet not the worsteither. It could use some landscaping upgrades. Mr. Ryan also
pointed out there are trailers and boats all up and down the neighborhood and some people living
in trailerson empty lots. Hefeels the Tufts should be allowed to continue to do what they have
been doing over the last seven years.
Mark Saben,1415Jefferson Road, shared that snowmobilers brought $33.8 million into Valley
County in 2015-2016. He is not against control measuresbut feelsit is good business to embrace
these type of facilities to support the snowmobile industry.
Public Comments in Opposition of the Applicant
Pam Fitzsimmons, 934Flynn Lane, observed that ittook the Tufts 6 years to buildthe homeso it
appears they are not good planners. In addition,they had told everyone in the neighborhood that
the home was for theirfamily but failed to mention it was going to beabusiness. Shefeels
disrespected, and correspondence has been condescending. Shedoes not feel the CUP is a
comprehensiveenoughplan.
Peter Fitzsimmons, 943Flynn Lane, feels the Tufts are not honestdue to what the neighborhood
was told when they were building and in the information presented to P&Z. Mr. Fitzsimmons knew
someone who attended a partyat Conifer Lodgewherethere was at least 100 people and he finds
this upsetting. He spoke on the size of the home and thinks the information presented in the CUP
is deceptive.
Ken Krahn, 907 Strawberry Lane,talked aboutthe amount oftraffic, bothcar and pedestrian, in
what is zoned a low density area. He is concerned about property values going down due to the
problems caused by the Lodge,and aboutthesafety issues created by the amount of traffic going
through the neighborhood.
Julia Thrower, 917 Conifer Lane, representing attorneyof 21 people in the neighborhood,spoke
to the safety issues on Strawberry Lane as it is a bike path and the quietness of theneighborhood.
Sheshared a recording of loud music at 10:35 p.m. that went on until 2:15 a.m. where the police
were called out twicewhich had little effect, and shared another clip of noisy kids in the game
room at around 8 p.m.She wants to make sure that the CUP is enforceable and asked to require
padding for the game room. Other property managers, such as Vacasa LLC, uses noise monitoring.
She shared information how this problem is being addressed in other parts of the country. She also
shared information on noise monitoring productsand explainedhow the monitor can be set by the
owner and if it goes over the level it will text the manager.This puts the responsibility on the
property manager rather than the neighbors. The response timeis too slow and neighbors are
frustrated by the lack of management.Ms. Thrower also spoke about theneedofaproperty
managementcompany who can actually take care of the issues, having the occupancy based on
legal bedrooms, and would like to see stronger language regarding parties, and pet violators.
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August 24, 2017
Mark Russell, 936 Conifer Lane,compared Conifer Lodge to North Beach and stated the Tufts
have not reached out and no one has the Tufts phone numbers. Hefeels the house should be shut
down until everything is in placementioning the fence as an example. Hebrought up issues with
Planning and Zoning,traffic issues, andsnow storage.
Mark Tapscott, 928 Strawberry Lane,stated people do notadhere to the quiet hours,and do not
pay attention to the police citations. He doesnot feel the Tufts are good property managersand
would like to see it professionally managed.
Christopher Justice, 932 Strawberry Lane,stated the neighborhood was great until the Lodge was
put in. He does notfeel it is fair for the neighbors to bear the burden of policing the home. He
wants to see things made right.
Bill Yensen934ConiferLane, has lived on ConiferLanefor many years,andfeels that the zoning
laws should be enforced as they are written.
GailBray, representing 932 Strawberry Lane,stated that though this home was built under the
guise of a family home, the Tufts do not live there and it has been a business from the beginning.
She cannot imagineMr. Tuft would be showing up in the early morning hours to deal with issues
andthinks itshould be managed by a professional. She also wanted to know why language Mr.
th
Millemann put in his July 13letter restricting the non-renterswas omitted. She feels the 75%
restriction would be a nightmare to enforce and feels many of theproblems would be mitigated by
just reducing the number of occupants to 20 and get rid of the 75% restriction.
Eric Wakild, 924 StrawberryLane, echoes the issues of safety due to the traffic, and has never met
the Tufts nor does he havetheir phone numbers. He uses his home as a short term rental but he is
appalled by the impact the Conifer Lodge has on the neighborhood. There is a charm about the
neighborhood being ruined. He made the plea to regulate short term rentals,especially the larger
homes.
Art Troutner lives on 193 W. Lake Fork Road and owns 943Strawberry Lane,statedConifer
Lodgeis intrusive to a quiet neighborhood. This is a place where people live and feels it is unfair
to those who live there to operate a business the way it has been operated.
Larry Hettinger, 925 Strawberry Lane,wanted to point out that his neighbor,Mark Tapscott,is a
fireman including ambulancecalls, and he needs his rest which is difficult to do with what
currently goes on at that property. The people who live in the neighborhood have lives and Conifer
Lodge is disruptive.
Rebuttal
Steve Millemann feels that the CUP addresses all the issues, and that they can be enforced. He
went over the police calls, addressed the conditions presented by opposite council which hadnot
been presented to P&Z or his office, and confirmed the number beds. He spoke on the Aug 10-11
incident and how the new conditions would have made a difference. Eviction is included in the
management plan. Heclarified what is an event, and pointed out the website has been modified
recently to removeverbiageregarding events. Heexplained why keepinga35 limit is important
as historically 30-75% of the Tufts rentals are over 30 people and reducingthe numberwould
restrict theTufts income.City Planner James verified that the topic of events was hashed out, and
McCall City Council Regular MeetingPage 9of 13
August 24, 2017
pointed out traffic requirements in the CUP. Mr. Tuft explained what has been done to make the
home safer, and Mrs. Tuft explained how lowering the max occupancy would affect their ability
to rent, the rental price, etc.
Council Member Witte asked for elaborationon pre-existing use and pre-existing occupancy and
how that might affect the Council’s decision. Attorney Nichols explained that the courts have
characterized a non-conforming use which is someonewhohad a piece of property used in a
particular manner, possibly pre-zoning.Then a newzoning code is implemented or a change in
zoning code,turning what was previously lawful into unlawful. Typically the property is
“grandfathered” in and so as long as there are no expansions or changes, enforcement of the code
is not applicable. He explained how the City’s zoning laws are applicable to the Conifer Lodge.
The Tufts do have an argument that their property use was in place before the change in zoning.
Limiting the occupants is an option but a certain amount of respect needs to be given to the Tuft’s
argument. Mr. Millemann explained that he came up with the percentages in his letter,for groups
of30 and above came from the rental records,and interjected that this is not a non-conforming
use.
There was a brief question and answer between the Council and the applicants. Gail Bray provided
the Council with the number of days with occupancy for last two years.
Attorney Nichols also explained that the CUP doesnot have an expiration date but State statue can
have a duration note but specific finding needsto be listedand what those are. Violations are a
complaint driven process, if there is a consistent pattern of violations, there are processes to revoke
a CUP. Due processneeds to be followed. If the property is sold,the CUP is required to review.
There is no best practice in place. McCall is one of the first places to address regulating short term
rentals, it has expanded greatly to all communities other than resort towns due to the internet rental
agencies.
Receiving no more written correspondence and hearing no more comments, Mayor Aymon
closed the public hearing at 9:10p.m.
Mayor Aymon expressed thatharmonyis important in a neighborhood. She spoke about the rights
of all property owners, and to think broadly in how to help the neighborhood to negate the negative
impacts. Council Member Witte was not ready to make a decision,and stated shewould like to
look over all of the information presented and digest all the comments.Council Member Giles
stated he was also not ready. He suggested a work session to look at the CUP more thoroughly,
and suggested a meeting of all of the attorneys. Council Member Nielsen was concerned about
enforcement,andinterested in exploring solutions.
Attorney Nichols statedthatthe submitted materials tonight have not been seen by the applicant
and since the Council would like to postpone the decision,toprovide copies allowing the applicant
to address the new information. Thepublic hearingis closed to public testimony but is still open
to allow comment from the applicant on the new information presented. He gave the Council
instruction to not discuss the subject with anyone and if approached by the public to directedthem
to come to the next Council meetingon the subject. There is no prohibition for the legal counsels
to come togetherfor further discussion.
MayorAymoninstructed staff to look at what is being done about the game room, and expressed
concernabout trafficand asked if the Citycan control the flow. She was also concerned about the
McCall City Council Regular MeetingPage 10of 13
August 24, 2017
management’sresponse time and suggested they look at hiring a professional.She also asked that
the applicant define eventsmore clearly. Council Member Witte directed staffto pull the CUP for
the other large short term so theCouncil can make a consistent decision on events, and provide a
breakdown on the number of occupants.
Council Member Wittemoved to reopen the public hearingtoallow comment from the
applicant on the new information presented.Council Member Gilesseconded the motion. In
a roll call vote Council Member Witte, Council Member Giles, Mayor Aymon, and Council
Member Nielsenall voted aye and the motion carried.
Council Member Wittemoved to continue the public hearing CUP-17-03 Conditional Use
Permit to Entitle the Continued Use of the Conifer Lodge at 925 Conifer Lane as a Short
Term Rental with Occupancy of 20 or more personsto theCouncil MeetingonSeptember
th
28, 2017 at 6:00 p.m. Council Member Giles seconded the motion. In a roll call vote Council
Member Witte, Council Member Giles, Mayor Aymon, and Council Member Nielsenall
voted aye and the motion carried.
PUBLIC COMMENT
Mayor Aymon called for public comment at 9:40p.m.
Hearing no comments, Mayor Aymon closed the comment period.
BUSINESS AGENDAContinued
AB 17-184 Request Approval of Closing documents to include Deeds and a Bill of Sale for
the Sewer Annexation
Interim City Manager BessieJo Wagner presented the requestfor approval of closing documents
to include Deeds and a Bill of Sale for the Sewer Annexation.The City has constructed and
currently maintains a wastewater treatment plant, water reuse system,and wastewater collection
system separate and apart from thewastewater collection system that has been constructed and is
currently maintained by thePayette Lakes Recreational Water and Sewer District (District). There
have been discussions and negotiations between the District and the City which resulted in the
preparation of the Annexation Agreement, whereby the Districtwill annex the Annexation Area
and acquire the City’s wastewater system, including, but not limited to, the City wastewater
treatment plant, water reuse system,and wastewater collection systems.It is the City’s intent, in
consideration of its transfer to the District of its wastewater system assets, that the transfer must
be pursuant to the Annexation Agreement which provides for the City’s retirement of its
obligations with respect to the Idaho Bond Bank Authority Revenue Bonds, Series 2004A (the
“City 2004 Bonds”) and the Idaho Bond Bank Authority Revenue Bonds, Series 2008B (the “City
2008 Bonds”) at the time of Annexation.
The City and the Districtcalled and held a special election on May 16, 2017, at which there was
submitted to the qualified electors propositionof the annexation and bonding, resulting in voter
approval of and authorization for Annexation pursuant to the terms and conditions of the
Annexation Agreement. The District, working with Bond Counsel, went to market for a bond sale
on August 15, 2017 of which the closing date is set for August 31, 2017. Upon closing of these
McCall City Council Regular MeetingPage 11of 13
August 24, 2017
bonds, and the execution of the closing documents, prepared by legal counsel, the annexation
process will be complete. As soon as these documents are available, they will be provided to the
Council.
Council Member Nielsenmoved to suspend the rules, read by title only, one time only
Ordinance No. 960. Council Member Gilesseconded the motion. In a roll call vote Council
Member Nielsen, Council Member Giles, Mayor Aymon, and Council Member Witteall
voted aye and the motion carried.
Deputy Clerk Shay Tyler read the ordinance:
An ordinance of the City Council of the City ofMcCall, Valley County, Idaho:
Setting forth recitals of authority, findings, determinations and purposes; and
Authorizing the transfer of sewer fund personal property and real property to
the Payette Lakes Recreational Water and Sewer District, specifically
authorizing the Mayor and City Clerk to execute the following documents of
transfer:
Special warranty deed and acceptance; and
Assignment, grant, conveyance of easement rights and acceptance; and
Assignment, grant, conveyance of sewer appurtenances easement rights
and acceptance; and
Assignment, city of McCall’s sewer fund account receivables and
acceptance; and
Bill of sale, conveyance and acceptance; and
Closing statement
Authorizing and directing the City Treasurer, in coordination with the
administrator of the Payette Lakes Recreational Water and Sewer District, to
account and arrange for the transfer of the City sewer fund to the District.
Council Member Wittemoved toadopt Ordinance No. 960authorizingthe transfer of City
Sewer Fund Personal Property and Real Property to the Payette Lakes Recreational Water
and Sewer District and specifically authorized the Mayor and City Clerk to execute the
following documents of transfer: A Special Warranty Deed andAcceptance; and
Assignment, Grant, Conveyance of Easement Rights and Acceptance; and Assignment,
Grant, Conveyance of Sewer Appurtenances Easement and Acceptance; and Assignment,
City of McCall’s Sewer Fund Account Receivables and Acceptance; and Bill of Sale,
Conveyance and Acceptance; and Closing Statement. Authorized and directed the City
Treasurer in Coordination with the Administrator of the Payette Lakes Recreational Water
Sewer District to account and arrange for the transfer of the City Sewer Fund to the District,
approve the publication of the Summary, and authorize the Mayor to sign all necessary
documents.Council Member Gilesseconded the motion. In a roll call vote Council Member
Witte, Council Member Giles, Mayor Aymon, and Council Member Nielsen all voted aye
and the motion carried.
Council Member Gilesmoved toProclaim McCall City Ordinance No. 960 is of immediate
effect and give notice that the same is available for inspection at the Clerk’s Office of McCall
City Hall during normal office hours Monday through Friday at: 216 E. Park Street, McCall,
Idaho 83638 and authorize the Mayor to sign the proclamation.Council Member Witte
McCall City Council Regular MeetingPage 12of 13
August 24, 2017