HomeMy Public PortalAboutCouncil Minutes 2002 08/08MINUTES
McCall City Council
Regular Meeting
Thursday, August 8, 2002
Table of Contents
Call to Order and Roll Call
Business
AB 02-79 David Kaiser's Residency and the Process for Filling a Council Vacancy
Public Hearing
AB 02-113 2002-2003 Budget
Public Comment
Consent Agenda
Minutes of July 18, 2002 AM Special
Minutes of July 18, 2002 PM Special
Minutes of July 25, 2002
Invoice Approval List Dated August 2, 2002
Payroll Report for Pay Period Ending July 19, 2002
AB 02-59 McCall Ice & Event Center Request Funds & Progress Report #6
AB 02-77 Contract Amendment ICDBG-98-III-28-ED
AB 02-81 McCall Fly In Beer Garden
Business
AB 02-116
AB 02-80
AB 02-82
AB 02-78
Reports
Parks Advisory Committee
McCall Area Chamber of Commerce 50th Annual Antique Car Tour
2002 Paving Project Burns Rd., Ward St., Washington St., and Fairway Dr
Urban Renewal Agency Board of Directors Appointments
Adjournment
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CALL TO ORDER AND ROLL CALL
Mayor Colton called the regular meeting of the McCall City Council to order at 7:05pm.
Ms. Arp, Mr. Muller, Mr. Colton, Mr. Eimers, and Mr. Kaiser answered roll call. A
quorum was present. City staff members present were Attorney Susan Buxton, City
Manager Robert Strope and Finance Director/City Clerk Cathleen Koch.
AB 02-116 Parks Advisory Committee (Deleted from agenda)
BUSINESS
AB 02-79 David Kaiser's Residency & Process for Filling a Council Vacancy
Mr. Colton said the City Attorney has been asked to address the issue.
Ms. Buxton wrote a letter on August 7, 2002 addressing Council's questions. Ms.
Buxton stated that Mr. Kaiser is renting an apartment, registers his vehicle, maintains
his driver's license, works, and lives in the city limits. His family will be living in the
home located in the impact area. He will not take the homeowners exemption on his
house in the impact area. His permanent residence will be in the city limits. Mr. Kaiser
would have to be removed by a court or recalled. A vacancy would exist if a recall was
successful or a court determined that a vacancy exists.
In order to fill a Council vacancy, the Council must adopt a motion to meet as a
committee of the whole. The committee of the whole will consider the matter of
appointment to fill such vacancy, make a recommendation to the Mayor and adjourn.
Once the Council has been called back into session, the Mayor will appoint the person
as was recommended by the committee of the whole; the Mayor may vote against
confirmation of that appointment if the Mayor chooses to do so.
Ms. Buxton said a question arose as to whether or not Mr. Kaiser had a legal duty to
disclose to the electorate that he owned a parcel outside the city limits, intended to build
a home there, and whether his failure to do so voided the election. Pursuant to Idaho
Code §50-702, a person is "eligible to hold the office of council man who is at the time
of election, and remains a qualified elector under the constitution and laws of Idaho." It
appears that at the time of the election and thirty (30) days before that Mr. Kaiser was a
qualified elector of the City.
Ms. Buxton also addressed the issue of whether or not Mayor Colton would have a
conflict of interest in voting on Mr. Kaiser's residency issue. She said the relationship
does not create an un-resolvable conflict of interest. Mayor Colton may need to
disclose his relationship, but does not need to recuse himself from the debate and
decision.
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Mr. Eimers asked for clarification on the difference between a permanent and primary
residence. Ms. Buxton said Idaho Code §50-402 (d)(4) states, "If a qualified elector
moves outside the city, with the intentions of making it his permanent home, he shall be
considered to have lost his residence in the city". Mr. Kaiser has said that his apartment
in the city limits is his permanent residence. His family will be living in the apartment
part-time and the house in the impact area part-time.
Ms. Buxton said that there is little case law on the matter so it becomes a decision of
the courts. If Mr. Kaiser takes the homeowner's exemption, pledging permanent
residency status, in Ms. Buxton's opinion, he has decided the house outside the city
limits has become his permanent residency. Mr. Kaiser has confirmed that he is not
taking the homeowner's exemption.
Mr. Eimers asked Ms. Buxton what to tell a tax payer when a Council Member living
outside the city limits votes for a tax increase? Ms. Buxton said she could not answer
that.
Mr. Colton asked if somebody can make a motion to have Ms. Buxton file a declaratory
judgment. Ms. Buxton said that could be done.
Mr. Eimers moved to ask Mr. Kaiser to resign immediately from Council. Mr.
Muller seconded the motion. Ms. Arp said it is not her place to make this decision.
Mr. Colton said the final decision can only be made by the court. Two Council
Members voted aye. Three Council Members voted no. The motion failed.
Mr. Colton moved to direct the City Attorney to file a declaratory judgment or writ
of prohibition to seek a courts determination on this matter. Mr. Eimers
seconded the motion. Four Council Members voted aye. One Council Member
abstained. The motion carried.
Mr. Eimers asked that an unbiased third party gather the information for the court. Ms.
Buxton said that she can do it with assistance from Council and staff members.
PUBLIC HEARING
AB 02-113 2002-2003 Budget
Mayor Colton opened the public hearing at 7:30 pm.
Ms. Koch made a formal presentation to Council and the community. She concluded
with saying that staff spent a considerable amount of time working on the budget as a
team to achieve a budget acceptable to both Council and the community. She asked
that should Council elect to fund less than the $46,000 shortfall in the General Fund
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City Council Minutes
through property tax increases, that staff be allowed to develop a final budget based on
that amount Council sets as opposed to identifying specific changes as a Council.
Council would have the opportunity to approve the revisions made at the staff level
when the budget is adopted on August 22nd.
Arta L. Smith said that Mr. Kaiser assured her before the election that he was not a tax
and spend person. She said the city can absorb a $50,000 shortfall.
Allana Shoemaker has seen old timers forced out by taxes. She doesn't believe taxes
should be increased. She said we have to live within our means, tighten the budget,
and manage the money.
Scott Jeffries wanted clarification on the contingent revenue and expense line items
totaling $805,000. Mr. Strope explained the concept.
Shirley Potter is surprised that Council is even thinking about more than a 3% property
tax increase. She asked Council to look at two specific line items. She pointed out the
$200,000 contingent line in the general fund and the two reserve officers. Mr. Strope
had already addressed the contingent lines. He also explained that the reserve officers
would be funded for less than $2,000 for the entire year.
Pauline Doleshal wanted to know what the tax increase is assessed on. Ms. Koch told
her to come by the office and she would explain it in detail.
Bill Robertson congratulated Council for not taking past property tax increases. He
asked Council to keep that in mind and encouraged Council to leave the forgone
amount.
Holly Thrash, McCall Skateboard Park Association, said that they originally asked for
$30,000 for the next two fiscal years, but due to City's budget situation they are asking
for $30,000 immediately. They have a target date of September 2003 for completion of
the skate park.
Dan Krahn thanked Council for leaving all options open. He reminded Council that it is
important to trust that staff members are presenting things appropriately. He said costs
go up and we have to be willing to make decisions or decide what to cut. A large
portion of property taxes are paid by people who live outside the community. He asked
Council to take the 3% increase.
Dottie Moore loves living in McCall and wants to stay in McCall. Social Security is a set
wage. She encouraged Council to take the 3% but not to go any further.
Don Reed said it is good to see the process in force. He wants to spearhead an aquatic
center. He asked Council to throw the aquatic center in the pot for $30,000.
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Edwin Catlett said we need to consider expanding the city's tax base. A lot of people
benefit from the City, but don't contribute taxes. A small number of people are
supporting the City. He suggested a committee to study the options.
Mayor Colton left Public Hearing open for written or verbal comments for 10days.
Mr. Eimers spoke about the projects that were completed with fund balance money. We
need to recognize when we cannot increase efficiency. He doesn't think the city should
take the increase. The police department expenses are up. He thinks the police
department needs to cut.
Mr. Muller doesn't think we need to increase taxes above 3%. He's not sure we need to
take the 3%. He agrees with Mr. Catlett on annexation.
Mr. Kaiser is only in favor of increasing property taxes to meet the deficit in the general
fund and no more. He is in favor of the LOT.
Ms. Arp said she has carefully reviewed the budget and believes it is very tight and
thinks the staff did a good job setting it up. She is very supportive of the skateboard
park, especially since the city would run it. She thinks the LOT could fund some of this.
She said that if the city does not take the 3% the skate park would be out completely.
We have a committee looking at the police department and she doesn't know if is under
or over staffed.
Mr. Colton said he hasn't decided to increase taxes. The point is if it is not left in the
budget there is no point in having a public hearing. He wants to throw out the forgone
amount and only discuss the 3%. He is also retired and on Social Security. Mr. Colton
is a product of annexation, police coverage was one of the commitments made when
annexed and he is not willing to give up police coverage. The number of police officers
hasn't changed. If the city takes the 3%, then most of it is consumed by the deficit,
which leaves about $13,000.
Mr. Eimers moved to take the foregone amount off the table. Mr. Muller seconded
the motion. Ms. Arp said the skate park would be off the table. Dean Martens said if
the city reduces the budget for consideration, then there's no point in leaving the public
comment period open for people to look at the budget and comment on it. Two Council
Members voted aye. Three Council Members voted no. The motion failed.
Allana Shoemaker asked that a second budget be drafted with out increases as a
sample. Mr. Strope explained that it is already available because the increases are not
included as specific line items.
Council recessed at 9:20 pm. The meeting reconvened at 9:30 pm.
Page 5 of 10
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PUBLIC COMMENT
The Mayor called for public comment.
Arta Smith said she has friend that lives outside the city. She rents her home, but has
no say on taxes.
Shirley Potter submitted written comments to the City Attorney.
Allana Shoemaker said Mr. Kaiser let it be known that he was building a home outside
the city limits and that it would be his primary residence. She a person is required to
live in the city limits in order to run for City Council. She asked if the tax payers are
responsible for paying the fees associated with going to court and a recall election. Ms.
Buxton said City Council has asked the City Attorney to undertake a declaratory
judgment and that she doesn't expect anybody to pay except the City. Ms. Buxton
explained recall procedures in general.
Dottie Moore asked Mr. Kaiser if he pays property taxes on his apartment. Mr. Kaiser
said he does not pay taxes on his apartment, he pays rent. He also said that the
Supreme Court says you do not have to be a land owner to be a voter.
Mayor Colton closed the Public Comment period.
CONSENT AGENDA
Minutes of July 18, 2002 AM Special
Minutes of July 18, 2002 PM Special
Minutes of July 25, 2002
Invoice Approval List Dated August 2, 2002
Payroll Report for Pay Period Ending July 19, 2002
AB 02-59 McCall Ice & Event Center Request Funds & Progress Report #6
AB 02-77 Contract Amendment ICDBG-98-III-28-ED
AB 02-81 McCall Fly In Beer Garden
Mr. Colton moved to approve the Consent Agenda. Mr. Eimers seconded the
motion. At a roll call vote, Mr. Colton, Mr. Eimers, Ms. Arp, Mr. Muller, and Mr.
Kaiser voted aye. The motion carried.
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BUSINESS
AB 02-80 McCall Area Chamber of Commerce 50th Annual Antique Car Tour
Mr. Strope said a couple of the businesses feel that the closure of the East Lake Street
would impact their business. Members of the Chamber of Commerce came to the
meeting to discuss the issue with Council.
Consuelo Blake said the Chamber is requesting suspension of the open container law
and approval of the street closure. They went through the appropriate application
process. The Chamber proposed an alternative to make the businesses happy by
moving the road closure signs so that the street by Legacy Park does not appear to be
closed.
Rob Lyons said people are always asking for something to do on Labor Day. The
Chamber of Commerce is offering the event to bring business into the community.
Mr. Colton instructed the City Manager to work with the businesses that were in
opposition to see if they can come to a resolution with the Chamber of Commerce.
Mr. Colton moved to approve the temporary street closure of East Lake Street,
adopt Resolution No. 02-23 and authorize the Mayor to sign contingent upon the
City Manager's ability to negotiate an acceptable resolution with the businesses.
Mr. Eimers seconded the motion. At a roll call vote, Mr. Colton, Mr. Eimers, Ms.
Arp, Mr. Muller, and Mr. Kaiser voted aye. The motion carried.
AB 02-82 2002 Paving Project
Mr. Keating said bids were opened on August 2, 2002. The city received one bid from
Valley Paving. He recommend Council approve and award the bid.
Mr. Colton moved to award the bid to Valley Paving and authorize the Mayor to
sign. Mr. Eimers seconded the motion. At a roll call vote, Mr. Colton, Mr. Eimers,
Ms. Arp, Mr. Muller, and Mr. Kaiser voted aye. The motion carried.
AB 02-78 Urban Renewal Agency Board of Directors Appointments
Mr. Kirkpatrick said Urban Renewal has a seven member board and has had a vacancy
for some time. He discovered that he needs to reappoint and reorganize the board
members. Curt Spalding does not want to be reappointed. Mr. Kirkpatrick has five
members to recommend to Council for appointment.
Mr. Eimers moved to direct the Mayor to appoint Scott Findlay, John Watkins,
Rick Fereday, Alex Hamilton, and Fred Drake to the Urban Renewal Agency Board
Page 7 of 10
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City Council Minutes
of Directors with terms as listed. Ms. Arp seconded the motion. All Council
Members voted aye. The motion carried.
Mayor Colton appointed Scott Findlay, John Watkins, Rick Fereday, Alex
Hamilton, and Fred Drake to the Urban Renewal Agency Board of Directors with
the terms as listed.
REPORTS
City Manager — Robert Strope
Mr. Strope said there are ongoing discussions with Spring Mountain Ranch about the
Water Treatment Plant and the 10,000 gallon tank located on front lawn.
Eric Heringer from Seattle Northwest Securities said the city can't refund the golf course
bonds as hoped. The finance situation prevented the credit committee from accepting
our request. We are looking at other options.
City Attorney — Susan Buxton
The auction is scheduled for Saturday, August 24, 2002 at 11:00 am. A City Council
meeting will be held at 3:00 pm in Legion Hall. We may want to set up a guarantee fund
first and then consider the auction results.
Finance Director/City Clerk — Cathleen Koch
None.
City Councilor — Marilyn Arp
Ms. Arp wanted the City to look into the GEM health insurance plan that the County is
going with. Mr. Kirkpatrick and Ms. Koch explained that the benefits committee
reviewed the plan and determined that it was not a feasible option.
Dan Krahn pointed out that safety efforts on bikes needs to be brought up around the
community. Ms. Arp asked that information about the bike paths be included.
City Councilor — Allan Muller
None.
City Councilor — David Kaiser
None.
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City Councilor - Kirk Eimers
None.
City Councilor - Mayor Colton
None.
Page 9 of 10
August 8, 2002
City Council Minutes
ADJOURNMENT
Without further business, Mr. Colton moved to adjourn. Mr. Eimers seconded the
motion. All Council Members voted aye. The motion carried. The Council
adjourned at 10:30pm.
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Cathleen A. Koch finance Director/City Clerk
Page 10 of 10
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City Council Minutes