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
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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.
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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.
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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.
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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.
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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
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City Council Minutes