HomeMy Public PortalAboutCouncil Minutes 2002 08/22MINUTES
McCall City Council
Regular Meeting
Thursday, August 22, 2002
Table of Contents
Call to Order and Roll Call
Public Hearing
AB 02-114 Ordinance No. 768 — Parking Violation Fees
AB 02-115 Resolution No. 02-22 Parking Fees
Public Comment
Consent Agenda
Minutes of August 8, 2002
Invoice Approval List Dated August 16, 2002
Payroll Report for Pay Period Ending August 2, 2002
AB 02-117 Jeff Magee Extension of Airport Hangar
AB 02-118 Police Advisory Committee Charter
AB 02-120 CUP-02-3 Guest House at 141 East Lake Street
AB 02-108 Ordinance No. 769 Golf Fund Appropriations
AB 02-123 Suspension of Open Container
Business
AB 02-113
AB 02-116
AB 02-121
AB 02-80
AB 02-119
AB 02-56
AB 02-79
AB 02-122
2002-2003 Budget
Parks Advisory Committee
Golf Advisory Committee
McCall Chamber 2002 Labor Day 50th Annual Antique Car Tour
East-West Loop: State/Local Agreement Resolution No. 02-25
COPS Universal Hiring Program
David Kaiser's Residency and the Process for Filing a Council Vacancy
LID 3
Reports
Executive Session
Adjournment
Page 1 of 7
August 22, 2002
City Council Minutes
CALL TO ORDER AND ROLL CALL
Mayor Colton called the regular meeting of the McCall City Council to order at 7:00 p.m.
Ms. Arp, Mr. Muller, Mr. Colton, Mr. Eimers, and Mr. Kaiser answered roll call. A
quorum was present. City staff members present were Attorney Paul Turcke, City
Manager Robert Strope and Finance Director/City Clerk Cathleen Koch.
AB 02-121 Golf Course Advisory Committee was eliminated from the agenda. AB 02-
79 David Kaiser's residency and the process for filling a council vacancy was moved to
the beginning of the agenda.
BUSINESS
AB 02-79 David Kaiser's Residency & the Process for Filling a Council Vacancy
Paul Turcke said the firm has filed an action seeking a declaratory judgment. Mr.
Turcke asked Council to give explicit directions on the form of judgment to be filed. Ms.
Arp said she thought that the City was asking to file factual information, not take sides.
The draft judgment does not appear neutral. Mr. Turcke explained that it is not neutral.
The court's jurisdiction cannot be invoked with a neutral action. A case or controversy
must be presented as diplomatically as possible in the complaint.
Mr. Eimers asked when Council would start doing things under oath. Mr. Turcke
explained the process in detail and said that depositions could be taken. The firm will
ask the court to move forward as quickly as possible.
Mr. Eimers said the complaint is a good start, but other things must be developed. Mr.
Turcke said that he will need to review some of the documents, which will become part
of the evidence.
Ms. Arp asked if this action will force Mr. Kaiser to get legal counsel. Mr. Turcke said
legal counsel is not technically required, but he would advise Mr. Kaiser to do so. Mr.
Muller said the only way to get to the bottom of this is to file the declaratory judgment.
Mr. Colton said that he agreed because it is the only option.
Mr. Muller moved to direct Mr. Turcke to file the Complaint for Declaratory
Judgment as presented. Mr. Colton seconded the motion. Four Council Members
voted aye. One abstained. The motion carried.
Page 2 of 7
August 22, 2002
City Council Minutes
PUBLIC HEARING
AB 02-114 Ordinance No. 768 — Parking Violation Fees
AB 02-115 Resolution No. 02-22 Parking Fees
Mr. Appa said parking fees are currently $5 for any type of violation. He recommended
raising fees to $50 for parking in handicapped spaces or fire zones and $15 for expired
time violations and parking in restricted zones.
Ms. Arp thought that Chief Donica tried to enforce parking. Ms. Arp said she did not
think the city could enforce the $15 time violation because it could create a safety
hazard when employees walk to their cars. Mr. Strope mentioned the problems of
people parking incorrectly in front of the Yacht Club building, violating the 2-hour
parking limit downtown and parking in bike paths. Mr. Muller said the cost enforcement
could get expensive. Council asked what other cities charge for parking violations. Mr.
Appa said that Boise charges between $7.50 and $50 for parking fines. Mr. Colton said
employees and other people park downtown all day long.
Ms. Arp said the ordinance requiring people to pay within 48 hours of the issuance of a
ticket is too stringent. Council discussed other options that were not as stringent.
Allana Shoemaker asked if people can park at the lot by Paul's and in the parking
garage. She said that if the city offers enough options, the fees are fair. The parking
areas should be clearly marked.
Ms. Arp moved to suspend the rules, read by title only, first reading only of
Ordinance No. 768. Mr. Colton seconded the motion. All Council Members voted
aye. The motion carried.
Mayor Colton closed the Public Hearing. The public comment period was kept open for
the ordinance and resolution until the 2nd meeting in September.
PUBLIC COMMENT
The Mayor called for public comment.
Dottie Moore said there are problems at the thrift shop with people dumping donations
in the dumpster. She asked for help from the City.
Bill Robertson said he is concerned about tourism in McCall. We need to be more
careful and encourage tourism. We shouldn't check out tourists more stringently than
citizens.
Page 3 of 7
August 22, 2002
City Council Minutes
CONSENT AGENDA
Minutes of August 8, 2002
Invoice Approval List Dated August 16, 2002
Payroll Report for Pay Period Ending August 2, 2002
AB 02-117 Jeff Magee Extension of Airport Hangar
AB 02-118 Police Advisory Committee Charter
AB 02-120 CUP-02-3 Guest House at 141 East Lake Street
AB 02-108 Ordinance No. 769 Golf Fund Appropriations
AB 02-123 Suspension of Open Container
Mr. Eimers moved to approve the Consent Agenda. Mr. Colton seconded the
motion. All Council Members voted aye. The motion carried.
Mr. Colton said that suspension of the open container ordinance should be approved by
the City Manager or the Chief of Police. Staff will work to change the ordinance to make
this happen.
BUSINESS
AB 02-113 2002-2003 Budget
Mr. Eimers wanted to know if the city could make a decision on the budget without a
decision on Mr. Kaiser. Mr. Turcke confirmed that a decision could be made on the
budget. Nothing disqualifies Mr. Kaiser from voting on the budget.
Mr. Colton recommended Council not take the foregone property tax increase, but
instead take the 3% tax increase.
Mr. Eimers moved to take no tax increase and to take the tax deficit from the
Police Department. Mr. Muller seconded the motion. Two Council Members
voted aye. Three Council Members voted no. The motion failed to pass.
Ms. Arp said she is in favor of the 3% tax increase and that public testimony
substantiated that. Ms. Arp said Council's budget does not contain any contingency
money this year. She also pointed out that money needed to be included in their budget
for travel and meetings. She listed several things that can't be done without a tax
increase. She also pointed out that the City won't get everything on the list even with an
increase.
Mr. Eimers said it scares him to have a budget that will grow in light of economic times.
Mr. Kaiser thinks the City should only take the increase of $46,602. He said that he
knows there is extra money in the budget. Ms. Arp thinks there are things in the budget
Page 4 of 7
August 22, 2002
City Council Minutes
that shouldn't have been taken out. Mr. Eimers said the only department that grew is
the Police Department, which is malfunctioning. The Police Department should not be
rewarded. Mr. Muller said he is an advocate for the skate park but he's not sure what
can be done. Ms. Arp suggested leaving the extra $13,000 in Council's budget.
Ms. Arp moved to adopt a budget of $11,522,569. Mr. Colton seconded the
motion. Two Council Members voted aye. Three Council Members voted no. The
motion failed to pass.
Mr. Kaiser moved to adopt a budget of $11,509,391. Mr. Colton seconded the
motion. Three Council Members voted aye. Two Council Members voted no. The
motion carried.
Council recessed at 8:25 p.m. The meeting reconvened at 8:35 p.m.
Mr. Colton moved to suspend the rules, read by title only one time only Ordinance
No. 767. Ms. Arp seconded the motion. At a roll call vote, Mr. Colton, Ms. Arp, Mr.
Kaiser, Mr. Eimers, and Mr. Muller voted aye.
Mr. Colton moved to adopt Ordinance No. 767. Mr. Kaiser seconded the motion.
At a roll call vote, Mr. Colton, Ms. Arp, Mr. Kaiser, Mr. Eimers, and Mr. Muller
voted aye.
AB 02-116 Parks Advisory Committee
Chris Reino, Parks Advisory Committee Chair, gave a brief update. She said that due
to the fact that they have only met twice, it would not be very lengthy. The Parks
Department is working on the Brown Shoreline Project and Art Robert's Park Dock,
which is near completion. Council thanked the committee.
AB 02-80 McCall Chamber 2002 Labor Day 50th Annual Antique Car Tour
Mr. Strope had a meeting with the parties involved. The event will be held as advertised
and signs will be used to direct traffic to the businesses. During the meeting, future
events were discussed to help minimize the impact to the businesses. Ms. Arp
requested City Manager to memorialize understanding in writing.
AB 02-119 East-West Loop: State/Local Agreement Resolution No. 02-25
Mr. Kirkpatrick explained that the agreement is a revision to the State/Local agreement
for theEast-West Loop project.
Mr. Colton moved to adopt resolution No. 02-25 and authorize the Mayor to sign
the State/Local Agreement. Mr. Kaiser seconded the motion. At a roll call vote,
Page 5 of 7
August 22, 2002
City Council Minutes
Mr. Colton, Mr. Kaiser, Ms. Arp, Mr. Muller, and Mr. Eimers voted aye. The motion
carried.
AB 02-56 COPS Universal Hiring Program
Mr. Appa said staff members have recruited a couple of volunteers. One of the
volunteers will be used for code enforcement. The Police Department will turn down the
grant.
Mr. Muller moved to approve the Chief's recommended course of action regarding
turning down the grant and endorse the Chiefs appointment of a Reserve Officer
to assist with code enforcement. Mr. Colton seconded the motion. All Council
Members voted aye. The motion carried.
AB 02-122 LID 3
Mr. Strope said we don't need to adopt anything tonight. A meeting is scheduled for
3:00 p.m. on Saturday.
REPORTS
City Manager — Robert Strope
None.
City Attorney — Susan Buxton
None.
Finance Director/City Clerk — Cathleen Koch
None.
City Councilor — Marilyn Arp
Ms. Arp said the McPaws report was interesting. She suggested that the City write
thank you letters to the committees after giving a presentation to Council.
City Councilor — Allan Muller
None.
City Councilor — David Kaiser
None.
City Councilor — Kirk Eimers
Mr. Eimers said the Best Western owner wrote a letter to Mr. Kirkpatrick about paying
$25,000 for boring under Hwy 55 or requested their money back if the boring is not put
in. Mr. Kirkpatrick said there's not a resolution yet.
Page 6of7
August 22, 2002
City Council Minutes
Mr. Eimers asked for a Fly In update. Mr. Strope said that the Thursday prior to the
event, Lardo's requested an alcohol catering permit and suspension of the open
container law. They were told no. Louie Howard was asked about beer by Dan Scott.
Mr. Howard told him it could be given away. Mr. Apps said that a keg and tap were
confiscated. A complaint was logged. It was determined that the citations issued were
probably not valid. The officer involved was disciplined.
City Councilor — Mayor Colton
None.
EXECUTIVE SESSION
At 9:08 p.m., Mr. Eimers moved to go into executive session per Idaho Code 67-
2345(1 t) to consider pending litigation. Mr. Colton seconded the motion. At a roll
call vote, Mr. Eimers, Mr. Colton, Mr. Muller, Ms. Arp and Mr. Kaiser voted aye.
The motion carried.
The discussion concerned pending litigation.
At 9:21 p.m., Mr. Eimers moved to come out of executive session. Kaiser
seconded the motion. At a roll call vote, Mr. Eimers, Mr. Kaiser, Mr. Muller, Ms.
Arp and Mr. Colton voted aye. The motion carried.
ADJOURNMENT
Without further business, Mr. Eimers moved to adjourn. Mr. Kaiser seconded the
motion. All Council Members voted aye. The motion carried. Council adjourned
at 9:21 p.m.
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Cathleen A. Koch, Finance Director/City Clerk
Page 7 of 7
August 22, 2002
City Council Minutes