Steamboat Springs City Council member Kevin Kaminski may be moving out of the district he represents. According to the Steamboat Springs City Charter, such a move would require he leave the council.
On Tuesday, Kaminski said he plans to complete the purchase of a home on Steamboat Boulevard on Friday. The street is in District 2, which includes areas near Fish Creek Falls Road and the Steamboat Ski Area and as far south as Walton Creek Road. Council member Loui Antonucci currently holds the District 2 seat.
Kaminski lives on Red Hawk Court, which is south of Walton Creek Road and part of District 3. Kaminski was elected to represent that district in November 2005.
According to Section 3.10 of the city charter, "A council member's office shall become vacant whenever he resigns, dies, is recalled or becomes a non-resident of the city or the district from which he was elected or appointed."
City Council President Ken Brenner said the meaning of the section is clear.
"According to our charter, we would be expecting to see a resignation from Kevin some time in the near future," Brenner said Wednesday.
But there could be a loophole.
Kaminski said Tuesday night that he may lease an apartment in District 3 and live there while his family resides on Steamboat Boulevard. Although Kaminski acknowledged questions could arise about whether such a situation would "pass the smell test," City Attorney Tony Lettunich said determining residency is a complex issue.
"That's a question with a lot of different components," Lettunich said.
Criteria including location of personal property, motor vehicle registration, residence of parents, spouse and children, employment and income sources all are part of determining someone's primary residence, Lettunich said.
"These are the common things you look at to determine where somebody lives," he said.
City Clerk Julie Jordan said Kaminski would be allowed to continue serving on the council until he "physically moved" to the home on Steamboat Boulevard. Should Kaminski decide to continue living in District 3, Jordan said, she would keep a letter stating his intent to do so.
Kaminski said during his campaign and until very recently, he had no plans whatsoever to purchase a home on Steamboat Boulevard.
"I had no idea that would take effect," Kaminski said about the housing opportunity. "But without a doubt, my family comes first."
Kaminski said he will meet with City Manager Alan Lanning and Jordan today to discuss the situation. He acknowledged he could be required to leave the council.
"If that's the decision that they come down to, then I'll live with that decision," Kaminski said.
Should his seat become available, the charter states that City Council will have 30 days to fill the position by a majority vote. Brenner said Jordan would post a notice of the vacancy and applications at Steamboat Springs City Hall. Steamboat residents living in District 3 could apply for the position.
Kaminski defeated rental property manager Dick Curtis to earn a council seat.
A new council member would serve until the November 2007 election.