HomeMy Public PortalAboutCouncil Minutes 2003 09/11MINUTES
McCall City Council
Regular Meeting
Thursday, September 11, 2003
Table of Contents
Call to Order and Roll Call
Public Hearing
Public Comment
Consent Agenda
Business
Reports
Executive Session
Adjournment
CALL TO ORDER AND ROLL CALL
Mayor Colton called the regular meeting of the McCall City Council to order at
7:00 p.m. Mayor Colton, Council Member Arp, Council Member Muller, and
Council Member Eimers answered roll call. A quorum was present. City staff
members present were City Attorney Chris Yorgason, City Manager Robert
Strope, Police Chief Ralph Appa, Grants Coordinator Carol Coyle and Treasurer &
City Clerk Barbara Bauer.
PUBLIC HEARING
At 7:04 p.m., Mayor Colton opened the Public Hearing on the vacation of a
portion of Dawson Avenue.
The Planning & Zoning Commission recommended approval of the vacation request,
subject to certain conditions. Staff recommended denial of the vacation request.
Following several public hearings, a proposal for a land exchange was developed. On
August 28, 2003, the Council established the value of land to be exchanged at $2.08
per square foot and directed staff to provide notice for a Public Hearing on potential
land transfer or exchange. Approval of the land exchange eliminates the need for the
requested vacation. Ordinance 780, which was originally drafted to enact the vacation,
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will be unnecessary if the land exchange is approved. The requested vacation of a
portion of Dawson Avenue (VAC-03-3) should be denied based on the Draft Findings
a& Conclusions attached to this agenda bill.
Tom Schoonover, 1506 Davis asked the Council to finalize this exchange.
At 7:08 p.m. Mayor Colton closed the Public Hearing on the vacation of a portion of
Dawson Avenue.
Mayor Colton moved to close the public hearing for VAC-03-3, and adopt the
draft Findings & Conclusions, denying the requested vacation. Council Member
Muller seconded the motion. In a roll call vote, Mayor Colton, Council Member
Arp, Council Member Muller, and Council Member Eimers voted aye. The motion
carried.
At 7:10 p.m., Mayor Colton opened the Public Hearing on the exchange of
property on Dawson Avenue and Davis Street.
Hearing no comment on this topic, Mayor Colton closed the Public Hearing on the
exchange of property on Dawson Avenue at 7:11 p.m.
Council Member Muller moved to suspend the rules and read Ordinance 781 one
time only, by title only; and authorize the Mayor to sign all necessary documents.
Mayor Colton seconded the motion. In a roll call vote, Mayor Colton, Council
Member Arp, Council Member Muller, and Council Member Eimers voted aye. The
motion carried.
Robert Strope read Ordinance No. 781 by title.
Mayor Colton moved to adopt Ordinance 781 with the addition of accurate legal
descriptions, approve the property exchange agreement, and authorize the Mayor
to sign all necessary documents. Council Member Eimers seconded the motion.
In a roll call vote, Mayor Colton, Council Member Arp, Council Member Muller,
and Council Member Eimers voted aye. The motion carried.
At 7:14 p.m. Mayor Colton opened the Public Hearing on Changes to the Water
Rates, Ordinance 785 and Resolutions 03-15 and 03-16.
Robert Strope opened discussion by presenting a history of this item. Holladay
Engineers prepared a Water System Master Plan and conducted a Water Rate
Analysis. Based on those studies, a change in water rates is warranted at this time.
The most significant changes are a reduction in the per 1,000 gallon usage, higher
rates for customers outside the City limits, and a provision for a reduction in the system
buy in associated with the connection fee for smaller users. Specifically, a reduction
from $1.04 to $0.71 per 1,000 gallons and a 25% reduction in the $3,750 for small
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business and small resident users. A small user is defined by the number of fixture
units as defined by the National Standard Plumbing Code, less than 10 and 12
respectively. Base rates remain unchanged and are based on meter size. The per
1,000 gallon fee assumes funding for a DEQ loan for infrastructure improvements and
could change based on the outcome of that process. Additionally, the method for
determining the appropriate connection fees recommended by the Engineer differs from
past practices, necessitating a change in City Code.
Hearing no other comment on this topic, Mayor Colton closed the Public Hearing on
changes to the Water Rates, Ordinance 785 and Resolutions 03-15 and 03-16 at 7:18
p.m.
Mayor Colton moved to suspend the rules and read by title only, one time only,
Ordinance No. 785. Council Member Muller seconded the motion. In a roll call
vote, Mayor Colton, Council Member Arp, Council Member Muller, and Council
Member Eimers voted aye. The motion carried.
Robert Strope read Ordinance No. 785 by title.
Mayor Colton moved to adopt Ordinance No. 785 and authorize the Mayor to sign.
Council Member Eimers seconded the motion. In a roll call vote, Mayor Colton,
Council Member Arp, Council Member Muller, and Council Member Eimers voted
aye. The motion carried.
City Attorney Chris Yorgason identified additional revisions to the title and language in
Resolution 03-15.
Mayor Colton moved to approve the City Engineer's recommendation on water
rates and adopt Resolutions 03-15 as revised by the City Attorney and 03-16.
Council Member Eimers seconded the motion. In a roll call vote, Mayor Colton,
Council Member Arp, Council Member Muller, and Council Member Eimers voted
aye. The motion carried.
PUBLIC COMMENT
Mayor Colton called for public comment.
Joan Catlett, 1942 Pilgrim Cove Road asked the Council to take action to annex
properties around the lake and on other edges of McCall. While there are
approximately 2000 water customers within City limits, a large number of individuals
enjoy all of the benefits and many of the services of the City without helping to support
the City. There is a huge amount of property value that would be added to the tax base
to help the City to provide services and address it's needs. McCall should consider the
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example of many of the cities around the state and allow annexation without forcing
sewer hookups or streets improvements.
City Manager passed on comments from Muggs Brown Davies stating that she is glad
the cemetery property is being handled and that she feels very bad about the trees that
were cut down along the Greenbelt and that they should be replanted.
Council Member Muller read excerpts from an article in the Star News concerning the
legal action following illegal tree removal, asked Chief Appa if illegal activities
mentioned had been reported to the Police Department and wanted to assure that
replacement of trees would also be part of the restitution being paid.
Council Member Eimers asked how to start the process of annexation. The first step is
a cost -benefit analysis of services to be provided versus tax revenue provided by newly
annexed properties. An analysis on the laws relating to annexation and the process is
also needed.
Council Member Eimers moved to request that staff provide an analysis of the
potential changes and services that would be provided, as well as the areas and
cost benefit analysis of annexation, within the next 90 days. Seconded by
Council Member Arp. All members voted aye. Motion Passed.
CONSENT AGENDA
Council Member Eimers moved to approve the Consent Agenda and authorize the
Mayor to sign all necessary documents. Council Member Muller seconded the
motion. In a roll call vote, Mayor Colton, Council Member Arp, Council Member
Muller, and Council Member Eimers voted aye. The motion carried.
BUSINESS
AB 03-110 Certified First Responder
Chief Appa introduced Jacquie Cochran from McCall EMS and provided an overview of
the First Responder certification process. All City Police officers have been certified.
Chief Appa requested the approval of six items on page two of his attachment. The
second page of his memo was not copied into the Council packets, so the Chief read
the six items for Council Members.
Chief Appa stated there was no consensus from the Police Advisory Committee on this
issue and there are major concerns as well as advantages related to this request. The
Chief also contacted Jim McNall of ICRMP who stated that there are no insurance
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related concerns related to this proposal. Jacquie identified four calls that would have
been impacted by this change over the past year.
Council Member Arp noted that the training actually created an exchange of services
and that this set of parameters is a natural progression. City Manager Strope also
voiced his support of this recommendation and noted that the parameters can be
changed in the future if the need arises.
Mayor Colton moved to endorse the involvement of the CFR certified McCall
Police officers in assisting with EMS calls as needed outside of City limits to
provide earliest response. Council Member Eimers seconded the motion. All
Council Members voted aye. Motion Passed.
AB 03-130 Status of Police Advisory Committee with the City Council
Chief Appa provided an overview of the history of the Police Advisory Committee and
requested that the Council provide clarification of the appropriate role and future of this
group. Recommends that the Committee cease to be a Council Committee and
become a Department Committee.
Council Member Muller opposes the recommendation because he wants them to
provide him with information concerning policy or budget issues.
Council Member Arp supports the motion because she feels that the original committee
tasks are completed and the Department Committee has a different role.
Chief Appa noted that the information relating to policy or budget issues will still come
to the Council through him rather than through a Committee, while allowing more
flexibility in handling meetings and quorums.
Council Member Eimers pointed out through discussion that the Council Members can
lose track of the individual actions over time even when brought by a Committee.
David Fields, Chair of the Police Advisory Committee noted that the Committee really
needed to have more information about the tasks and responsibilities of this type of
Committee and asked that the City provide new Committees with more formal guidance
and information on their role, responsibilities and tasks. He also noted that the
Committee has become actively involved and identified within the community as
advocates and information conduits.
Mayor Colton noted that a public meeting related to police issues was held and the
Police Advisory Committee was an outcome of that meeting. He supports having a
formal and ongoing Committee tied to the Council, maintaining their ability to select
members, suggest issues to be addressed and that the Council Members should not be
members of this or any Council appointed Committee.
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Christy Gorsline, 945 Lick Creek noted that this committee functions most effectively
when it is a large group because it provides a stronger base of community involvement
and information gathering.
Mayor Colton moved to establish a Police Advisory Committee, and ask that Chief
Appa and Committee Members bring recommendations on duties, process and
charter to a Council Meeting next month. Council Member Eimers seconded the
motion. All Council Members voted aye. The motion carried.
AB 03-136 Resolution 03-13 General Election November 4, 2003
City Clerk Barbara Bauer asked the Council to take the mandated step of proclaiming a
General City Election to be held on November 4, 2003, designate Legion Hall as the
polling place, designating the City Clerk as Registrar for the election and Deputy
Registrars, ordering the City Clerk to give notice of the election and authorizing the
Mayor to sign Resolution 03-13. Council Member Arp noted that the printed copy of the
resolution is missing several words describing the two year Council Term. The City
Clerk will make the correction before it is signed.
Mayor Colton Council Member moved to approve Resolution 03-13, as corrected,
proclaiming a General Election, designate a polling place, designate the Registrar
and Deputy Registrars and authorize the Mayor to sign Resolution 03-13. Mayor
Colton, Council Member seconded the motion. All Council Members voted aye.
The motion carried.
AB 03-137 Local Option Sales Tax Question on November 4, 2003 Ballot
City Manager Robert Strope presented this response to Council's direction to again
seek voter approval of a local option sales tax in the November 2003 election. Last
November the majority of voters supported the tax, but the question did not achieve the
majority required to pass the tax. Attached is the draft ballot that is essentially the
same as the last one with minor changes. This proposal adds funding for the library,
golf course, and a skateboard park as specific uses. The recommended action is for
the Council to approve the draft ballot language as final and direct the City Clerk to take
all actions required to include the LOT on the November ballot. Staff will also prepare a
final version of the ordinance to replace the draft copy provided in the Council packet.
Council Member Muller asked that Public Transit be added to the list in the language of
the ballot and ordinance. He also asked what the amount of tax collected under this
Ordinance would be related to building packets and how removal of that item from the
list of taxable transactions would change the revenue flow. City Manager Strope will
find out what the amount would be.
Mayor Colton asked that the language of the ballot and the ordinance be changed to
reflect the commitment made by Council during the August 28, 2003 meeting to add
public transit to the list of projects that would be funded by a local option tax. He also
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supports adding animal control (McPaws) to that list because of the large increase in
the amount of their request for City funds. Finally, he asked that the format of the ballot
language be changed to allow a bullet list of the various areas to be funded by this tax
so that people can easily identify areas where they would support additional tax funding
and that the ballot language should be as brief as possible.
City Manager Strope noted that he had spoken to Bill McMurray about the last Local
Option Tax citizen's group who worked in support of a Local Option Tax last year and
that they would work to support the tax again.
Council Member Arp noted that she would also like to know the financial impact of
exempting grocery purchases from the list of taxable transactions. Some city residents
have expressed concern about supporting this tax because of the negative impact on
rural county resident decisions to buy groceries locally since they will not benefit from
any property tax or water rate reductions that might go to City residents in order to
mitigate some of the financial change.
City Manager Strope noted that creating any exemptions before exempting groceries
from additional tax sends the wrong message. This measure will require approval by
60% of the voters in order to pass.
Mayor Colton asked that the language of the ballot and the ordinance be changed to
reflect the commitment made by Council during the August 28, 2003 meeting to add
public transit to the list of projects that would be funded by a local option tax. He also
supports adding animal control (McPAWS) to that list because of the large increase in
their request for City funds. City Manager Strope stated he would make the additions.
Finally, Mayor Colton asked that the format of the ballot language be changed to allow
a bullet list of the various areas to be funded by this tax so that people can easily
identify areas where they would support additional tax funding and that the ballot
language should be as brief as possible.
City Manager Strope noted these requests and stated that the City Clerk would make
these changes after determining if there are any restrictions on the formatting of the
ballot and that, if necessary, other language would be changed to allow the use of bullet
points. Since additional research is needed and there are a number of changes to be
made to the ballot language, City Clerk Bauer suggested that the Council should not
approve the draft ballot language. City Manager Strope noted that October 14th was the
last date to finalized the ballots.
Council Member Muller moved to direct the City Clerk to take all actions required
to include the LOT on the November ballot. Mayor Colton seconded the motion.
All members voted aye. The motion carried.
AB 03-131 Resolution 03-14 Special Election for a Local Option Sales Tax on
November 4, 2003
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City Manager Robert Strope explained that this action addresses the notification
process required to have the Local Option Tax proposal included in the November 4,
2003 election. The recommendation is to proclaim a Special City Election to be held on
November 4, 2003, proposing imposition of a Local Option Sales tax, designate Legion
Hall as the polling place, designate the City Clerk as Registrar for the election and
Deputy Registrars, order the City Clerk to give notice of the election and authorize the
Mayor to sign Resolution 03-14.
Council Member Muller moved to approve Resolution 03-14 proclaiming a Special
Election, designating a polling place, designating the Registrar and Deputy
Registrars and authorizing the Mayor to sign Resolution 03-14. Council Member
Arp seconded the motion. In a roll call vote, Mayor Colton, Council Member Arp,
Council Member Muller, and Council Member Eimers voted aye. The motion
carried.
AB 03-140 Property Tax Override Levy For Municipal Golf Course Question on
November 4, 2003 Ballot
City Manager Robert Strope presented the response to Council's direction to take steps
to seek voter approval of a $300,000 property tax override levy on the November 4,
2003 ballot. A draft ballot and sample ordinance are attached. This override levy
would be limited to $150,000 certified to the 2004 Valley County Property Tax bill and
$150,000 certified to the 2005 Valley County Property Tax bill for the purpose of
providing additional funds for the purchase of equipment and maintenance of the
McCall Municipal Golf Course. The recommended action is for the Council to approve
the draft ballot language as final and direct the City Clerk to take all actions required to
include the property tax override levy on the November ballot. Staff will also prepare a
final version of the ordinance to replace the draft copy provided in the Council packet.
Strope noted that although he does not know what the impact would be to have two tax
questions on the same ballot in regard to the ability to pass either measure.
Council Members Eimers and Muller expressed the belief that this is a very different
issue and that it will not create any problems or confusion for voters.
Council Member Eimers stated that the tax override amount specified by Council in
August was $150,000, not $300,000. City Manager Robert Strope noted that the
amount on the ballot would be $150,000 per year for two years.
City Manager Strope stated that he supports inclusion of the override tax levy question
on the November 2003 ballot.
Council Member Arp confirmed that it is necessary to make to make a decision on
whether elections will be held before September 15, 2003 so that mandated notification
and publication requirements can be met.
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Mayor Colton and Council Member Arp expressed the belief that placing two different
tax increases questions on the same ballot will increases the likelihood that people will
vote no on both.
City Manager Strope commented that moving the override levy question to August 2004
when people will be golfing may increase the likelihood that they will support the
measure. He also clarified that since the City has already committed to holding an
election in August 2004, passing this measure at that time will still allow the funding to
reach the City in the same period as holding the election in November 2003. No funds
from an override election will be available to the City before late January 2005. Funds
from the proposed local option sales tax would begin to be available to the City in
February 2004.
Council Member Eimers stated that looking at the level of support for this measure will
tell him something about the support for putting property tax dollars into the golf course,
Even if the measure fails he would consider a close vote to be an indication of support
for property taxes to be used to support the golf course and that an extremely large
defeat would tell him the community does not support the idea. For this reason, even if
the measure fails, he wants to leave it on the November ballot to provide him with
guidance.
Council Member Muller believes that having both measures on the same ballot will not
have any negative impact.
Council Member Eimers stated that if this override levy is not placed on the November
2003 ballot, he will ask for reconsideration of the local option tax votes in order to also
remove that item from the November ballot.
Mayor Colton and Council Member Arp repeatedly affirmed their support of allowing the
voters to decide on the need for an override property tax to support the Golf Course
and their agreement with Council Members Eimers and Muller concerning the
importance of this issue. However, because of the economic conditions in the City,
other tax increases over the past year and the fact that this is an actual tax increase
proposal rather than an advisory question, having two different tax questions in the
same City election may not provide a true measure of community support for spending
property tax dollars at the Golf Course.
The attendees at the City Council's Public Meeting on the future of the Golf Course felt
that trying to pass an override levy this fall is premature because there is a need for
community education about the benefits the Golf Course provides. At this time, the
Golf Foundation paid study of the economic impact of the McCall Golf Course on the
businesses in the City has not been started, but City Manager Strope will provide the
Council with information on the status of that project.
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Council Member Arp believes that people might vote no on both measures, even if they
support additional funding for the Golf Course, because they cannot afford two tax
increases at the same time.
Bill Robertson noted that although he is a strong supporter of the Local Option Tax, if
there will be only one tax issue on the ballot in November, it should be the override levy
to support the Golf Course because he feels that problem is more critical than
additional funding for items benefiting from the Local Option Tax proposal.
In response to a question from Council Member Arp concerning what the City will do
about funding for the Golf Course from now until early 2005, Council Member Muller
stated that the Council will need to do what they know they must do.
Council Member Eimers moved to approve the draft ballot and direct the City
Clerk to take all actions required to include this property tax override on the
November ballot. Council Member Muller seconded the motion. In a roll call
vote, Council Member Muller and Council Member Eimers voted aye and Mayor
Colton and Council Member Arp voted nay. The motion failed to receive a
majority of the votes and was defeated.
Having voted on the prevailing side, Council Member Eimers moved to reconsider
Council action on Agenda Bill 03-137 and Agenda Bill 131. Council Member
Muller seconded the motion. In a roll call vote, Council Member Muller and
Council Member Eimers voted aye and Mayor Colton and Council Member Arp
voted nay. The motion failed to receive a majority of the votes and was defeated.
AB 03-139 Resolution 03-18 Special Election for Tax Override Levy on November
4, 2003
Based on the action of the City Council on Agenda Bill 03-140, consideration of this
item is not necessary.
Council Member Arp confirmed that the actions of the Council will put the Local Option
Tax question on the November 2003 ballot and asked Ben Salmon to encourage
readers to contact the Council Members with their thoughts on these issues.
REPORTS
Council Member Eimers asked the status of preparation of a draft RFP for management
of the Golf Course. City Manager Strope stated that this language is not ready.
Council Member Eimers wants the Council to see draft RFP language before the
City Manager spends five to six weeks in Boise full-time for the duration of an
upcoming trial.
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Council Member Muller asked the City Manager for more information about the letter
from the Payette Lakes Recreational Water and Sewer District. City Manager Strope
stated he is reviewing the letter and the agreements.
Council Member Muller also asked about Charter Communications franchise fees. He
has had many people contact him with complaints about the service, reception quality,
response to customer concerns and problem resolution and the numbers are growing.
The most notable reception problems are with channels 3, 4, 6 and 10 and a lack of
follow-through or response to requests for acceptable service levels are the most
serious concerns. City Manger Strope will contact Charter Communications to let them
know that Council is concerned, complaints are growing, and that failure to resolve the
problems could result in changes to the franchise authorization.
Council Member Arp noted the nice coverage on McCall in the Boise Journal. She also
noted that there is a deep hole needing repair on Lick Creek Road and asked for
clarification about whether any portion of Kings Pines Estates is within the City limits.
Council Member Eimers asked that the City make sure the banners on the Hunt Lodge
are taken down and that there is a car for sale and apparently abandoned while
encroaching on Lick Creek Road should be moved. He also expressed concern about
the large internally lit sign at NAPA.
EXECUTIVE SESSION
Council Member Eimers asked that the executive session also include discussion of a
personnel issue.
At 9:00 p.m., Mayor Colton moved to go into executive session per Idaho Code
67-2345(1f) and (1b) to consider pending litigation and a personnel issue.
Council Member Eimers seconded the motion. Mayor Colton, Council Member
Arp, Council Member Muller, and Council Member Eimers voted aye. The motion
carried.
The discussion concerned pending litigation and a personnel issue.
ADJOURNMENT
Without further action, Council Member Eimers moved to adjourn. Council
Member Arp seconded the motion. All Council Members voted aye. The motion
carried. The Council adjourned at 10:33 p.m.
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Ralph Colton, Mayor
ATTEST:
att"-.
Barbara Bauer, City Clerk & Treasurer
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