City Hall Special Meeting
A special meeting of the Riggins City Council was called to order by Mayor McClure. Council present were Akins, Crump, Friend and Miller. June Whitten acted as Clerk, in the absence of City Clerk-Treasurer Brenda Tilley. Guests present included Bruce and Cris Way.
The purpose of the special meeting was to (1) Meet with Developer Bruce Way and to consider his subdivision application for the Canyon Vue Apartments and (2) Discuss the employee notifications required in connection with the Affordable Care Act (Obamacare).
Bruce and Cris Way presented the Council with their proposal to convert the Canyon Vue 12-unit apartment complex on Berger Street to individually owned condos. Way acknowledged that he was aware that this proposed conversion would have to be done in accordance with the City’s regulations and the Subdivision regulation process. The Subdivision Ordinance and other City regulation had been reviewed and the following waivers were being requested in connection with those requirements:
(1) That this meeting be considered a combined “Pre-Application” and “Application”.
(2) That the Subdivision Ordinance requirement to have two parking spaces, and guest parking be waived, since there had never been two spaces per unit and it was just not feasible in the available property space. He indicated that they would plan to utilize the available space to the maximum, but that the requirement for 24 parking spaces plus guest parking could not be met.
(3) That the City’s Utility Ordinance requirement that each individual property have a separate water line, meter and sewer hookup be waived. The water and sewer lines are already in place in the building structure and it is not feasible to separate them. He indicated that the Homeowners CC&R’s would address maintenance and care of the common lines and that the Homeowners Association would be responsible for payment of all City utilities.
(4) That the Subdivision Ordinance requirement to have storage area for each unit and a maintenance building for the complex be waived, since there was not sufficient available space on the property.
In discussion of the proposal, Councilor Friend, who resides on Berger Street, reported that parking has always been an issue with the complex, as well as the garbage dumpster, which is often overflowing. After review of the complex layout, Councilor Crump brought up several issues:
(1) In order to gain more parking spaces, and better utilize the current area, the Developer may need to change the access, going back to the original plan to access the parking area from Main Street, installing new curb cuts as originally proposed. Crump indicated that the Council had requested the previous owner to repair the old, unused curb cuts on the south end of the property and suggested that Way contact ITD about changing the property access by cutting a new curb cut, as originally proposed, and eliminating the unused one on the south end of the property.
(2) The Homeowners CC&Rs should state that the Homeowners Association would be responsible for all city utility bills, with billing sent to the Developer until all units are sold.
(3) Taxes should be separated for each individual unit. Way indicated that the property would be surveyed, providing identification and legal description for each private property as well as defining the common areas.
(4) The CC&R’s should also address rental of the units by the condo owners. The City has a 2% Resort Tax that must be collected on all facilities rented for less than 30 days, and Crump suggested a Property Manager be used to take care of the complex rentals and collection/remittal of the taxes due.
After discussion, motion was made by Crump, seconded by Akins, to waive the following City’s regulations:
(1) The requirement for individual, separate water lines, meters and sewer hookups would be waived, provided the Homeowners CC&R addressed system maintenance and payment of utility fees.
(2) The requirement for storage area for each unit would be waived, due to the lack of space.
(3) The requirement for a maintenance building would be waived, due to the lack of space and little need for the facility.
Voting yea, Akins, Crump, Friend and Miller. No nays, motion carried.
When asked about the parking issue, the Council indicated that no action would be taken to address the waiver request on the parking issue until information was received from ITD about additional curb cuts for the Main Street access. Way indicated that he would contact ITD and present his findings at the next meeting.
At this time motion was made by Crump, seconded by Miller, to consider this meeting as the Subdivision “Pre-Application” only, with the “Application” presented at the next meeting. Voting yea, Akins, Crump, Friend and Miller. No nays, motion carried.
After further review of the Subdivision Ordinance, due to the time constraints of the Developer’s financing, motion was made by Crump, seconded by Akins, to waive the requirement that the “Application” be submitted to the Council at a regular meeting, and that a special meeting be scheduled for Thursday, September 26, 2013 at 12:00 noon, for the consideration of the Subdivision Application. Voting yea, Akins, Crump, Friend and Miller. No nays, motion carried. It was noted that this schedule would allow sufficient time for the required posting of notices and adjacent property notifications.
At this time, due to an emergency water repair needed, Councilor Miller left the meeting.
The Council reviewed the notification requirements for the Affordable Care Act (Obamacare). All employers, even those with less than 50 employees and who do not offer medical insurance coverage, are required, prior to October 1st, to notify all employees about Obamacare and the availability of medical insurance coverage through the insurance exchange offered in Idaho. Councilman Crump provided a sample draft letter of notification meeting the requirements. After discussion, the Clerk was requested to send the letter of notification to all employees prior to October 1st.
There being no further discussion, the special meeting was adjourned.
A special meeting of the Riggins City Council was called to order by Council President Roy Akins, in the absence of Mayor McClure. Additional Councilors present were Crump and Miller. Councilor Friend was absent. June Whitten served as Clerk, in the absence of City Clerk Brenda Tilley. Guests present included Rick and Denise Laritz, Bruce and Cris Way, Sadie Noah, and Romine Scott. Mayor McClure joined the meeting via telephone, for a short time.
The purpose of the special meeting was to (1) Consider the Subdivision Application from Bruce Way for the Canyon Vue Apartments, and (2) Consider wage rate increase for Johnny Pottenger.
Bruce Way presented his Subdivision Plan, which had been previously distributed to the Council. It was noted that the application packet also contained a list of adjacent property owners, and evidence of their notification of this special meeting for the consideration of the Subdivision Application.
In regards to the parking issue, Way indicated that ITD had approved the additional curb cut to access the property from Main Street along with the provision of the repair of the unused curb cut at the south end of the property. Way presented two parking options under consideration, both providing only 12 spaces:
(1) Main Street access – Installing new curb cuts on Main Street, Repairing the unused cuts on the south end, and paving the parking area to better delineate parking spaces.
(2) Berger Street access – Using the existing access with no further curb cuts, paving only a three foot strip to delineate parking spaces with a gravel surface for the remaining parking area and driveway.
Way indicated that the Main Street access had the following issues: (1) Increased cost of paving, the new curb cut installation and repair of the old curb cut, and (2) Disposal of storm drain run-off. There are no drains on Berger Street and the Council would have to approve piping to the storm drains along Main Street. The Berger Street access would be less expensive, and with the main parking area and driveway graveled, the storm water runoff could be addressed on the property.
Denise Laritz, who owns adjacent property, brought up several concerns about issues previously experienced with the apartment tenants:
(1) Parking – it was always been an issue, she has had to sign and identify their property to keep apartment tenants from blocking their parking areas.
(2) Pets – The apartment complex has no yard or open space with no way to confine pets, so the adjacent private properties, yards, and decks, as well as the street have been used – with little or no clean up done by pet owners. Would pets be restricted?
(3) Contact Person – The apartment complex had a property manager in town that she could call to address issues as they came up. This system had worked quite well in the past and Denise inquired if a property manager or someone would be onsite to resolve any problems encountered in the future.
Developer Bruce Way responded that they were addressing the parking, maximizing the available space, with each condo unit’s parking space identified. He also indicated that the Homeowner Association President or Secretary would be their contact person. It was proposed that CC&R’s would restrict each unit to two pets, require them to be leashed outside of the unit, and require pet cleanup. It was suggested that residents with property ownership may be more responsible with their pets than renting tenants. When questioned further about allowing pets with no space on the property to accommodate them, Realtor Sadie Noah indicated that most condos had little open space and most still allowed pets, but there were strict CC&R’s addressing pet rules.
Way visited with the Council about the monthly sewer fees during construction. They will have only two units open, the remaining ten closed for renovation, effective October 1. He requested that the $27 per unit monthly sewer fees be waived and he be allowed to pay the $5 per EU unconnected sewer charge for the ten units under construction. After discussion, motion was made by Crump, seconded by Miller, to allow the $5 per EU Unconnected Sewer charge to be paid for the ten closed units while the building is under construction. The $27 monthly EU charge for the two open units will remain, and all units will resume regular $27 monthly charges at the time the units are offered for sale.
Voting yea, Akins, Crump and Miller. No nays, motion carried.
With no other concerns brought up, after review of the Subdivision Application, motion was made by Crump, seconded by Miller, to approve the Application with the Berger Street access parking option with storm water drainage addressed on the property – such approval contingent upon review/approval of the CC&R’s requirements and submission of the final plat. Voting yea, Akins, Crump and Miller. No nays, motion carried.
At this time the Clerk reported that Johnny Pottenger had been told that he had passed the Wastewater Certification Test, but official confirmation had not yet been received. The Council had previously approved a $1.50 per hour wage increase per certification and included it in the budget. Pottenger reported the certification completion and requested that the raise be effective for the September payroll. After discussion, the Council agreed that the $1.50 wage increase should begin October 1, upon official confirmation of the Wastewater Certification.
There being no further business, the special meeting was adjourned.
Clerk Acting Mayor