Cd'A passes budget

COEUR d'ALENE - The city council passed a $74.5 million budget Tuesday, kept the weapons ban during parades and had made no decision on the Lilac Glen development by press time.

In the annual budget hearing Tuesday night, city staff presented the highlights of the new fiscal year budget, which starts Oct. 1, and explained there is no need to raise taxes to balance the budget.

Many of the highlights focused on the reorganization of staff positions, which saved the city hundreds of thousands of dollars.

Interim City Administrator Troy Tymesen also explained some of the potential risks to the council, which included the switch from self-insurance to the Idaho Counties Risk Management Program.

Tymesen said the city isn't guaranteed to receive a grant it applied for to pay for three new police officers. Those three positions are included in the new budget, but if the grant isn't received, the city would have to find the money elsewhere to pay for those officers.

Councilman Dan Gookin praised city staff for working to make strategic cuts in the budget and avoiding tax increases.

"This will be the first budget that I have actually voted to support," he said.

Councilman Steve Adams also complimented staff for their hard work, but said he couldn't support the budget for a couple of reasons.

One reason, Adams said, was an appropriation to the Vision 2030 program and the other reason was because he felt the budget project could be done much more publicly.

The budget ultimately passed on a 4-to-1 vote, with Adams voting no and Councilman Woody McEvers absent.

In other news, the council decided to keep the local ordinance banning weapons at parades and other large public gatherings. The ordinance which was passed in the late 1990s when the Aryan Nations began brandishing firearms while marching down Sherman Avenue during parades.

According to Adams, who earlier this year requested the city remove the ban to come into compliance with state law, the city ordinance is illegal.

City Attorney Mike Gridley presented the issue to the council and explained how the state Legislature has passed two laws that appear to conflict with each other.

Gridley said the wording of Idaho Code 18-3302(j) appears to limit a city's ability to regulate the possession of firearms. However, Idaho Code 50-308 grants cities the power to prevent and restrain disturbances and disorderly assemblies. Because of this conflict between the two statutes Gridley said it is unclear which one controls.

Adams, on the other hand, said the Legislature amended the 50-308 law in the 2013 session to specifically eliminate language that would allow cities to regulate concealed weapons.

According to an attorney and state legislator that Adams said he spoke with the code previously read: "Cities shall have power: to prevent and restrain riots, routs, noises, disturbances or disorderly assemblies; to regulate, prevent and punish for the carrying of concealed weapons; etc."

Adams said the specific language regarding concealed weapons was specifically removed to prevent a conflict with the 18-3303(j) legislation.

"I am just struggling with how you or legal staff could determine that 50-308 is in conflict," he said. "Clearly the Legislature cleaned up this statute because it was in conflict with the other statute."

Adams said in his mind that makes it pretty clear that the city's ordinance is in conflict with the state's statute.

Gridley said Adams makes a good argument and explained that there has never been a legal challenge of the city's ordinance, but if it is challenged in district court, it could cost the city at least $2,500 to defend.

Amending the ordinance, he said, would be a minimal cost.

Councilman Ron Edinger said he thinks the city's ordinance makes good sense and he doesn't believe the ordinance should be changed.

"At the time that we passed the ordinance, we were having problems with Aryans, and everybody that was on the council at that time - including myself - felt it was the right thing to do," he said. "Personally, I think the ordinance has been a good thing for the city of Coeur d'Alene.

"Let somebody challenge it, and we will go from there."

Councilman Gookin said he favored amending the city ordinance to remove the firearms language.

"Mr. Mayor I can't support this motion," he said. "When I was elected I swore an oath to uphold the constitution, and I believe one of my highest duties here as an elected official is to protect people's rights and one of those rights is to keep and to bear arms."

That drew applause from several audience members, and then in a 3-2 vote the council decided to keep the ordinance in place.

Dozens of people signed up to testify at hearing on the planned unit development for Lilac Glen. The project includes several duplexes, some single family dwellings and two assisted-living facilities east of Interstate 90 and northwest of the Lake Villa Apartments.

The project has drawn some opposition, but also support from neighbors in the area. Testimony began around 8:45 p.m. and went well beyond press time. See Thursday's Press for details on that hearing.