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HomeMy Public PortalAboutCouncil Minutes 2002 09/12MINUTES McCall City Council Regular Meeting Thursday, September 12, 2002 Table of Contents Call to Order and Roll Call Public Comment Consent Agenda Minutes of August 22, 2002 Minutes of August 24, 2002 Invoice Approval List Dated September 9, 2002 Payroll Report for Pay Period Ending August 16, 2002 Payroll Report for Pay Period Ending August 30, 2002 AB 02-127 Contract for Alley Paving Old McCall Jail Business AB 02-59 AB 02-79 AB 02-128 AB 02-130 AB 02-122 AB 02-126 AB 02-131 McCall Ice & Event Center Request for Funds & Progress Report #7 David Kaiser's Residency Recreation Advisory Committee Local Option Tax Ballot LID 3 Parcels K, L & M VAR-02-4 McCall Memorial Hospital Beer and Wine Age Limits Reports Executive Session Adjournment Page 1 of 6 September 12, 2002 City Council Minutes CALL TO ORDER AND ROLL CALL Mayor Colton called the regular meeting of the McCall City Council to order at 7:01 pm. 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 02-131 Beer and Wine Age Limits was moved from the consent agenda to the end of the business section. AB 02-129 Recreation Award was removed from the agenda. AB 02-126 VAR-02-4 McCall Memorial Hospital will be addressed after LID 3. PUBLIC COMMENT The Mayor called for public comment. Bill McMurray reviewed other cities Local Option Tax (LOT) and has determined that McCall needs a LOT. He encouraged Council to take the lead in promoting the LOT. Don Bailey urged Council to put the LOT on the ballot. He pointed out that there are things that could be funded from the Comprehensive Plan. He provided a list to Council. Pat Hill said the LOT would be a positive thing for the City. Everybody wins, there is no downside. Mr. Hill admitted that he doesn't live in the City but uses the facilities and doesn't pay anything for the use. CONSENT AGENDA Minutes of August 22, 2002 Minutes of August 24, 2002 Invoice Approval List Dated September 9, 2002 Payroll Report for Pay Period Ending August 16, 2002 Payroll Report for Pay Period Ending August 30, 2002 AB 02-127 Contract for Alley Paving Old McCall Jail Ms. Arp said she appreciates the clarity on the vendor bills. Mr. Colton moved to approve the Consent Agenda as amended. Ms. Arp seconded the motion. At a roll call vote, Mr. Colton, Ms. Arp, Mr. Kaiser, Mr. Muller, and Mr. Eimers voted aye. The motion carried. Page 2of6 September 12, 2002 City Council Minutes BUSINESS AB 02-59 McCall Ice & Event Center Request for Funds & Progress Report #7 Karl Augustine said we have reached a milestone on the project. The garage is rapidly approaching substantial completion. The approval of request for funds #7 spends the last part of the block grant funds for construction. There have not been any issues on the project. Mr. Augustine thanked Scott Hedrick for his compliance. Ms. Arp moved to approve the request for Funds No. 7 and authorize the Mayor to sign. Mr. Kaiser seconded the motion. At a roll call vote, Ms. Arp, Mr. Kaiser, Mr. Colton, Mr. Muller, and Mr. Eimers voted aye. The motion carried. AB 02-79 David Kaiser's Residency Mr. Strope said the motion for judgment was filed. Mr. Kaiser has responded. A conference will be scheduled for a hearing date. The City has incurred $2,000 worth of expenses to date. Paul Turcke estimates $10,000 in total expenses. The judge does not anticipate hearing this before the 1st of the year. Mr. Colton asked what other options are available. He doesn't want to spend the money. Mr. Eimers said it is a simple matter of what's right and wrong. Mr. Colton said the people should decide with a recall. Mr. Eimers said a judge needs to say what's right. Mr. Colton said the only thing that will satisfy Mr. Eimers is for Mr. Kaiser to leave. Mr. Eimers said if he is living outside the City, that's true. He also said dealing with Mr. Kaiser is the most important issue today. Mr. Colton said he does not agree with Mr. Eimers. Mr. Muller said he thinks it's up to the judge to make that decision. Mr. Colton said either the judge or the people. Mr. Muller said we already made the decision for a judge to make the decision. Mr. Muller will live with the judge's decision. Ms. Arp said she would also live with the legal opinion but doesn't want to spend an additional $8,000. Mr. Eimers said Ms. Buxton messed up on the issue, Mr. Turcke did a better job. Mr. Turcke said that it's pure and simple intent. If Mr. Kaiser lives in the City, that's fine. If he lives outside the City, it's not fine. The letter of the law is absolutely clear. The only issue is intent and where do you go when you go home. Ms. Buxton said their firm has been consistent on the issue. The firm outlined the options. They have not taken a position as to whether a vacancy exists or not. Mr. Eimers said Mr. Turcke was clearer in interpreting the statute. Ms. Buxton said the status conference is the next step. The Council wants the judgment completed as expeditiously as possible. AB 02-128 Recreation Advisory Committee Dave Faurot said this was a year of transition for the Recreation Department. Mr. Faurot reviewed his handout in detail. Mr. Eimers asked where the bike path falls. Mr. Kirkpatrick said the Transportation Committee has taken the lead on that issue. Council discussed Riverfront Park in detail. They thanked the committee. Page 3of6 September 12, 2002 City Council Minutes AB 02-130 Local Option Tax Ballot Mr. Strope recommended a change to the ballot. The largest change between the last attempt and this one is that a percentage of the LOT will be given back as a water rate reduction and property tax relief. Mr. Muller said the recreation activities are very open- ended. He feels strongly that LOT dollars should have gone towards the ice rink instead of franchise fees. Mr. Muller said that without mentioning the ice rink specifically, it's not being included. Mr. Strope said the Ice and Event Center can be listed. Ms. Buxton suggested an amendment to the ballot to prevent the uses from being limited. Mr. Spalding, MCIC, said they met to support and recommend that the LOT should be on the November ballot. He provided a letter of support from the committee. Mr. Colton moved to approve the draft ballot as amended and direct the City Clerk to take all actions required to include the LOT on the November ballot. 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 02-122 LID 3 Parcels K, L & M Mr. Strope passed out charts showing a cash flow on where LID 3 stands now and in 2013. As it stands now, we would end up $1.2 million in the hole. Mr. Strope reviewed all the scenarios. The best scenario would leave the City with a $400,000 short fall if the current offers were accepted on the parcels. Mr. Strope said staff would like to try to clean up any unknowns to see if the parcels can be made more valuable. The City could also consider rezoning. Mr. Strope is not comfortable recommending accepting any of the offers. Ms. Buxton said the City could default on the bonds but their bond rating would be affected. In addition, somewhere between 2008 and 2010, the City will be in technical default on the bonds. Mr. Eimers said that the developer assigned improper values to the property originally. Ms. Buxton explained the details on how the assessment occurred. She did not confirm that the values were assigned improperly. She pointed out that most of the parcels have been segregated except K, L & M. She also explained that any costs incurred to improve the value could be paid back to the City if funds are remaining on the LID in the end. Mr. Colton moved to reject all offers presented and continue to work with Mark Bottles Real Estate to market the properties. Mr. Eimers seconded the motion. All Council Members voted aye. The motion carried. AB 02-126 VAR-02-4 McCall Memorial Hospital Mr. Kirkpatrick said the Planning and Zoning Commission has received an application from McCall Memorial Hospital for a variance from the setback requirements of the Zoning Code. A Public Hearing was scheduled for September 3rd however there was no quorum of the commission and the public hearing was continued to September 10t1, The P&Z Commission recommended granting the variance. Page 4 of 6 September 12, 2002 City Council Minutes Ms. Arp moved to adopt the P&Z's findings and conclusions and grant the variance for McCall Memorial Hospital. Mr. Eimers seconded the motion. All Council Members voted aye. The motion carried. AB 02-131 Beer and Wine Age Limits Ms. Koch explained that the ordinance was for housekeeping purposes, but believed some additions need to be made to the ordinance. She recommended a first reading only. Ms. Arp moved to suspend the rules, read by title only the first reading of Ordinance No. 771. Mr. Muller seconded the motion. At a roll call vote, Ms. Arp, Mr. Muller, Mr. Kaiser, Mr. Colton, and Mr. Eimers voted aye. The motion carried. REPORTS City Manager — Robert Strope None. City Attorney — Susan Buxton None. Finance Director/City Clerk — Cathleen Koch None. City Councilor — Marilyn Arp Ms. Arp asked if weed control was being done at the airport. Mr. Strope confirmed that weed control is being done. The County had funds available to assist with controlling the weeds. City Councilor — Allan Muller Mr. Muller asked what the procedure is for the school district to enclose the old ice rink. Mr. Kirkpatrick said they would have to obtain a building permit. Mr. Muller asked about the sign at the school. Mr. Kirkpatrick said that it is supposed to be in compliance by mid September. City Councilor — David Kaiser None. City Councilor — Kirk Eimers Mr. Eimers asked if the tee sheets have been provided to the City. Mr. Strope confirmed that Ms. Stokes has the sheets. Page 5 of 6 September 12, 2002 City Council Minutes Mr. Eimers asked what the City is doing about the Impact P&Z. Mr. Kirkpatrick said that he told the Commissioners that Council is ready, willing and able to meet with them. The Commissioners said they would reply to Mr. Kirkpatrick. City Councilor — Mayor Colton Mr. Colton asked if Mr. Strope is answering the letter from PLRWSD. Mr. Strope said he would be responding to the letter. ADJOURNMENT Without further business, Mr. Eimers moved to adjourn. Mr. Colton seconded the motion. All Council Members voted aye. The motion carried. The Council adjourned at 9:18pm. ATTEST: Ralph Colton, Mayor Ca leen A. Koch, Finance Director/City Clerk Page 6 of 6 September 12, 2002 City Council Minutes