City Council Meeting Minutes for 12/15/2004

CITY COUNCIL: Res#04-70 Equipment Rental Grader Contract; Res#04-71 Community Hall Floor Contract; Res#04-72 EDCS Lease; Res#04-73 Work Policy Amendments; Res#04-74 DSBA contract; Res# 04-75 Development Ipact Fee Land Use Analysis

OPENING:
Mayor Miller called the regular meeting of the city council to order at 5:30 p.m. on Wednesday, December 15, 2004 in the council chambers at City Hall, 1123 Lake.

ROLL CALL:
The following council members answered to roll call: Elliott, Ogilvie, Boge, Burgstahler,
Spickelmire and Lamson.

INVOCATION:
The Reverend Nancy Copeland-Payton, First Presbyterian Church, gave the invocation.

PLEDGE OF ALLEGIANCE:
Mayor Miller led the council and the public in the pledge of allegiance to the flag.

PUBLIC FORUM:
Steve Lockwood, 401 Euclid, outgoing member of the city's planning commission and its twice-elected chairman, said he was disappointed in not being reappointed to the commission and commented on keeping the public involved in the planning process.

Eileen Bell, 530 Marion, invited the council to a Christmas Eve event at Swans Landing.

CONSENT CALENDAR:
Councilwoman Elliott moved that items A-1 through F-6 on the Consent Calendar be approved.  Councilwoman Lamson seconded the motion and it passed by a unanimous roll call vote of the council.  The following items were approved:
A-1.  City Council minutes of November 17, 2004;
A-2.  Planning Commission minutes of November 2, 2004;
A-3.  Pedestrian Advisory Committee minutes of November 23, 2004;
A-4.  Parks and Recreation Commission minutes of November 22, 2004;
A-5.  Arts Commission minutes of November 9, 2004;

B.  Planning Commission appointments: reappoint Gary Maxwell and appoint Elizabeth Tollbom to replace Steve Lockwood with both appointments through January 1, 2008 and appoint Jan Temple to replace resigning Christine Kester through January 1, 2007;

C.  Parks and Recreation Commission appointment: student Ryan Soper to replace student Eric DeMers whose one-year term ended;

D.  Contract to rent a grader for snow plowing;

E-1.  Community Hall floor refinishing bid awarded to WoodWright Floors for $7,000.  Other bids were $7,650 from Hardwood Floor Contractors and $8,925 from Floor Essence.

E-2.  Renewal of the lease agreement between the city and the Economic Development Corporation of Sandpoint (EDCS), changing the term of the lease to month-to-month.

F-1.  Resolution Number 04-70 Equipment Rental Grader Contract;
F-2.  Resolution Number 04-71 Community Hall Floor Contract;
F-3.  Resolution Number 04-72 EDCS Lease;
F-4.  Resolution Number 04-73 Work Policy Amendments (eliminate two weeks paid maternity leave for full time employees, putting maternity leave under the Family Medical Leave policy;  change bereavement leave from 5 days to 3 days with the additional 2 days subject to mayoral approval);
F-5.  Resolution Number 04-74 DSBA contract to manage Business Improvement District (BID), annual renewal;
F-6.  Resolution Number 04-75 Development Impact Fee Land Use Analysis (to have Hofman Associates conduct land use analysis for $17,000.00 with funding to come from unexpended money budgeted for snow plowing).

NEW BUSINESS:

G.PUBLIC HEARING:
FLAT RATE WATER FEE FOR NON- METERED ACCOUNTS:
Mayor Miller said the next order of business would be a public hearing to consider a proposal to increase the flat rate for all non-metered utility accounts in the Sandpoint city limits from $21.45 to $26.81 per month and increase the flat rate for all non-metered utility accounts outside the Sandpoint city limits from an additional $3.01 per Equivalent Residence per month to a flat rate of $33.15 per month.  
The reason for this proposal is to ensure that a uniform rate schedule is adopted.  The rate schedule adopted in August did not include a rate increase for flat rate accounts.
The legal notices advertising this public hearing were published in the Bonner County Daily Bee on November 30th and December 7th.  

The mayor read the following rules of conduct for the public hearing: Persons wishing
to comment during the public hearing need to come to the microphone and state their name and residence address for the record.  Comments are limited to five minutes. Testimony shall directly address the proposal and shall not be personally derogatory nor shall it be personally directed at any individual, organization or business.  No one will be allowed to speak a second time until all who wish to speak have been heard at least once.  Once all have had an opportunity to speak, members of the council may asked questions of persons who have testified.  If they do so, it will be only for the purpose of clarifying information.  Once the public hearing portion of this meeting is closed, there will be no further opportunity for public input.  The council will then discuss among themselves the testimony they have heard and what, if anything, they may propose as a result of this hearing.

The mayor closed the regular meeting of the city council and opened the public hearing to accept testimony supporting or opposing the proposal to increase the flat rate fees for all non-metered utility accounts.  No one testified.  The mayor closed the public hearing and reopened the regular city council meeting.

Councilwoman Elliott moved that the flat rate for all non-metered utility accounts in the Sandpoint city limits be increased from $21.45 to $26.81 per month and the flat rate for all non-metered utility accounts outside the Sandpoint city limits be increased from an additional $3.01 per Equivalent Residence per month to a flat rate of $33.15 per month effective with the January 1, 2005 billing.  Councilwoman Burgstahler seconded the motion and it passed by a unanimous vote of the council.

H. PUBLIC HEARING REZONE OF CONDO DEL SOL FROM RES "A" TO RES "C":
Councilwoman Burgstahler, a property owner at Condo Del Sol, recused herself from participating in this matter and left the council chambers.  

Mayor Miller said the next order of business would be a public hearing to take testimony regarding a zone change for the Condo del Sol Condominium area from Residence "A" to Residence "C" zone in order to more closely match the property's existing use.  The site is located east of vacated Riverside Avenue and south of Superior Street off Iberian Way.  This proposal was initiated by the City of Sandpoint.  The staff report is found under item "H" in the council packets.  Notice of this public hearing was published in the Bonner County Daily Bee on November 30th.   Notices were mailed on November 24th to property owners within 300 feet.  A public notice was posted on the site on December 8th.  Notice of the public hearing was posted at city hall on December 8th.  

Planning associate Joan Bramblee said the city's proposal for this zone change came about when discussions commenced regarding vacation rentals.  She said the property was annexed into the city in 1963 and was zoned Residential "A" in 1972.  The condominiums are currently considered a legal, non-conforming use.  The planning commission recommends approval of the re-zoning of Condo Del Sol and two additional adjacent properties.

The mayor closed the regular council meeting and opened the public hearing to accept testimony regarding the a zone change for the Condo del Sol condominium area and two adjacent properties from Residence "A" to Residence "C" zone in order to more closely match the property's existing use.   No one testified.  He closed the public hearing and reopened the regular council meeting.

Councilwoman Elliott moved that the City Council, after consideration of the criteria and relevant standards of Idaho Code and Sandpoint City Code as noted on Pages 1 through 4 of the Staff Report, approve the proposal to change the zoning of the Condo del Sol Condominium area at 301 Iberian Way and the residences at 108 and 110 Pacific Avenue from Residence "A" to Residence "C" in order to more closely match the existing use of the properties.  Councilwoman Lamson seconded the motion and it passed by a unanimous vote of the council present with Councilwoman Burgstahler excused.   Condo Del Sol is located east of vacated Riverside Avenue and south of Superior Street off Iberian Way. The rezoned properties are Tax Numbers 11, 16, 19A, 19B and 19C in Sections 22 and 23, Township 57 North, Range 2 W.B.M..   Councilwoman Burgstahler returned to her seat on the council.  

I. PUBLIC HEARING SCHOOL DISTRICT APPEAL OF
CONDITIONAL USE PERMIT:
The mayor said the next item of business found under item "I" in the packets would be a public hearing to take testimony regarding an appeal of a portion of the Planning Commission's decision concerning a conditional use permit.  Sandpoint City Code Title Nine Chapter Nine Section 10(a) provides that persons affected by a Planning Commission action may appeal such action to the City Council.

The Lake Pend Oreille School District has appealed the Planning Commission's denial of a request to amend condition number 7 of their approved conditional use permit for an athletic field located on property adjacent to Sandpoint Middle and Senior High Schools, west of Division Street and South of Pine Street.

As approved, condition number 7 reads:  "The applicant shall provide four (4) permanent restrooms, at least one of which shall be handicapped accessible, by June 1, 2005."  The School District had proposed that the condition be changed to allow for a permanent structure to house portable restrooms that would consist of a concrete slab and roof structure with a vanity fence for screening.  The District asked that they be given till the beginning of the 2005 school year to complete the structure.  In accordance with Sandpoint City Code, notice of this public hearing has been provided as follows:

Publication in the Bonner County Daily Bee on November 30, 2004
Notices mailed to affected property owners within 300 feet on November 24, 2004.
A public notice sign was posted on the property on December 8, 2004.
Notice of the public hearing was posted in City Hall on December 8, 2004.

Joan Bramblee, Associate Planner, reviewed the seven year chronology of the matter for the city council.  She noted that the school district is no longer asking for an extension of time and has offered to post a bond for the project.  She noted that since its initial distribution, additional information had been added to the council packet from both the school district and from Alpine Vista.  

Representing the appellant, the following persons presented the school district's position:

Mark Berryhill, 6846 Colburn Culver Road, Sandpoint, District Superintendent for ten months, said the District wants to continue the ongoing collaborative relationship between the District and the City with regard to the use of one another's facilities.  He said the District appealed the decision because it had poorly represented itself in the past and  didn't deal with the issues the District wants to accomplish.  In the process of upgrading the facility and the District's commitment to the conditional use permit, promises were made and broken but the District wants to live up to its commitment and will provide guarantees if necessary.  He emphasized that the focus of this meeting was solely on the issue of the restrooms.

Sid Rayfield, 653 Ponder Point, Sandpoint, the District's Facilities Director, said the District would like to build permanent structures for portable bathrooms such as those currently found in the City of Coeur d'Alene parks system.  The City of Coeur d'Alene has provided the District with a set of blueprints, representing a savings to the District of 4% to 7%.  He said there would be substantial cost savings as well as practical savings on outsourcing cleaning and on winterization because the Pine Street fields are seasonal.  He said the seclusion of the Pine Street facilities opens it up for vandalism which has been a substantial problem at the Farmin-Stidwell Rotary-built restroom facility.

Cheryl Klein, 4371 Bottle Bay Road, Sagle, a teacher and coach for 28 years, primarily in Sandpoint, Kim Woodruff's predecessor as City Recreation Director and now in her first year as Sandpoint High School's Athletic Director, said both green space and gym space are at a premium in Sandpoint.  She noted that all of the conditions of the original conditional use permit have been met with the exception of the permanent bathroom facility.  Not only would permanent structures for chemical toilets be a fraction of the cost, saving taxpayers money, but it discourages vandalism and would be available for all users, all times of day, and all seasons of the year.  She said practice facilities are badly needed, especially for baseball.  Currently, Memorial Field is the only viable practice and game facility for baseball and the high school may field three teams next spring.  She asked the Council to consider this proposal as the most logical and superior alternative  to building a $78,000 permanent restroom which could likely be vandalized and most definitely would be closed to the public after maintenance department hours which is when most sports take place.  

The mayor said the public hearing would be conducted pursuant to the rules of procedure previously read.  At 6:07 p.m. he closed the regular council meeting and opened the public hearing to accept testimony regarding the appeal by the Lake Pend Oreille School District of the planning commission's decision to deny the District's request to amend condition number 7 of their approved conditional use permit concerning rest rooms at the Pine Street athletic field.  The following persons testified:

Daphne Manor, 165 Campbell Point, Laclede, supported the District's request to amend condition number seven of the conditional use permit.  Ms. Manor said she was representing several young men in the audience.  She said practice time is very limited because of a lack of facilities.  She asked the council to keep the boys in mind in making their decision because the lack of facilities limits their ability to perform.

Dave Siemsen, 530 West Quail Loop, Newport, WA, the Sandpoint High School baseball coach, said having no bathrooms at the Pine Street Field is a factor in the performance of the athletes and asked the council to consider the District's request.  He said Memorial Field is seriously over booked and more space is needed for the young people.

Craig Johnson, 411 Remington Court, Sandpoint, one of the owners of Alpine Vista, opposed the District's request.  Mr. Johnson said it has been seven years since this process started which included hearings and delays.  Normally a conditional use permit is allowed 24 months to be completed.  Although there has been progress, the permanent restrooms have not been constructed. His original concerns that infrastructure would not be put in place have come true.  He noted that last year the city council ruled that the original 1997 conditional use permit could not be amended and that a new conditional use permit application would have to be filed to change the conditions.  This year with an undated letter from the school district, the District is now attempting to amend the original permit.  He expressed concern about the process.  The original presentation in 1997 included fields stretching to the Project 92 building in addition to soccer and baseball fields.  At that time there was testimony that grant funding was available for the project and that there were also dedicated funds available.  The District declared that funding was not a problem.  He said Mrs. Klein testified at the planning commission's public hearing that she could find no evidence of a dedicated fund for this project.  He said he has seen no budgeting for this project during the seven year period, making him wonder how genuine the District's promise is to complete the project.  He said he has not seen evidence to back up the District's cost figures or any blueprints or bids on the construction of the project.  He referred to a letter from city Public Works Director Kody Van Dyk saying the sewer line is stubbed into the edge of the pavement and that water is also available on Pine Street, suggesting that these services may not represent a prohibitive cost as has been declared by the District. He emphasized that this has been and continues to be a planning and zoning issue, not a play field issue.  He said if the city allows the developer to circumvent the conditions of their conditional use permit, the city will set a precedent which will flow over to other developers and will have a long lasting effect on the city.  He said with the growth the city is facing, strong planning and zoning is necessary to protect property values and to meet the goals of the comprehensive plan.  He urged the city council to look at this appeal as a planning and zoning matter and not as an emotional issue.  While he certainly supports youth and youth sports in the community, he noted that the school has not been without the use of the field.  He asked the council to deny the request and maintain the requirement set in place in June, 2003.

Donna Johnson, 411 Remington Court, Sandpoint, owner-manager of Alpine Vista, representing 50 elderly residents, opposed the District's request.  She said Alpine Vista which is roughly 90% adjacent to the fields is the affected party.  At the May 21, 2003 council meeting, a number of council directives were not complied with and were completed only because she inquired about their status.  She said the District did not follow through and the department heads at city hall did not enforce their completion.  She listed the following conditions: number 5, to return the case within 1 year to ensure compliance (since completed); number 8, a building permit for structures over 6' in height (since completed); number 10, a wetlands enhancement plan (still not completed).   She said her point is that the District is making every effort to avoid compliance and the city's department heads are caught in the middle of an emotional situation.  She added that there have been eight planning and zoning hearings, two delays exceeding sixty days between hearings, two missed application deadlines by the District, and two city council hearings.  She noted that the $150.00 application fee was waived for the District before the council knew how involved the project would be. She said that if the District does not comply with the permanent restroom condition by June 2005, the only thing that will occur is that the fields will convert to their original use for high school and middle school physical education and sports practices.  The field can no longer be rented to outside users which has been occurring over the past five years outside the original conditional use permit nor can it be used for spectator events.  She concluded that in the District's budget in their discretionary fund there were $206,782 in the general fund as of June 30, 2004 and $34,506 in contingency reserve funds in the school plant reserve.  She suggested that if the District wanted to, they could have completed this project but they chose not to.

Ted Diehl, 2851 Sunnyside Road, Sandpoint, attorney for the Johnson's, opposed the request.  He said at no time has Alpine Vista been opposed to the play field or sports.  They encourage and support youth activities.  Their concern is with the timing and the sequence of the improvements that were to be made.  He said that the controlling statutes for a conditional use permit are Idaho Code 67-6512 and Sandpoint Code 9-9-6.  He added that  planning commissions and city councils can control the sequence and timing of development and often times do and typically require infrastructure to be completed on the front end rather than on the back end.  He said Sandpoint Code 9-9-6 says any work under the conditions is to be commenced within one year of the grant of the conditional use permit and diligently pursued until completion.   In the most recent review by the city council in May 2003, the council reversed the planning commission, reimposing all of the original conditions, and ordered that the District had two years to complete the original conditions with the restroom facility being the remaining issue.  He doesn't believe the project has been diligently pursued in the manner contemplated by the statute.  He said the council appears to be revisiting old ground.  He wondered, therefore, whether Res judicata or claim preclusion should apply and preclude the council from pursuing the amendment.  He asked the council to consider whether they are setting precedent by allowing amendments at this stage of the game.

The appellant was given a final opportunity to rebut.  Mr. Berryhill conceded that the District has not lived up to its commitment.  The District is not asking for an extension but the District thinks it has a better solution than was previously proposed.  He added that the District has funding available in its maintenance budget and can guarantee a bond and  completion before the June deadline.  He said the District has bids from Architect's West and from a local contractor and blueprints from the City of Coeur d'Alene.  He concluded that the District is ready, willing and able to roll on the project and to commit to its completion on time.  Councilman Spickelmire asked how much money had been budgeted for the permanent restroom in FY 05.  Mr. Berryhill replied that none had been budgeted for the permanent restroom but that money is available for the "semi-permanent" restrooms.  

At 6:33 p.m. the mayor closed the public hearing and reopened the regular council meeting.   He said the City Council has the following options regarding this appeal:
1.  Deny the planning commission's decision and approve the District's request to amend condition number 7 to allow for a permanent structure to house portable restrooms as proposed by the school district; or,
2.  Approve the planning commission's decision and deny the School District's request to amend condition number 7, thereby maintaining the requirement of permanent restrooms.

Councilwoman Lamson said she and her husband would like to put a bathroom on the first floor of their home but there was no place for one and to do so would be very expensive.  She asked city attorney Will Herrington if it would be legal for them to put an outhouse in their back yard.  Mr. Herrington said he would have to defer to the city's building official because he was not sure if it would be legal on a permanent basis.  She said it sounded like a practical solution.  She asked if they would need a building permit.  He said they would if they put it inside a permanent structure.  He said a porta potty would not require a building permit but he was sure it would quickly be placed on an agenda if  many people did that.  

Councilwoman Lamson moved that after consideration of the criteria and relevant standards of Idaho Code and Sandpoint City Code, the City Council deny the request by Lake Pend Oreille School District 84 to amend condition number 7 of their approved conditional use permit for an athletic field located on property adjacent to Sandpoint Middle and Senior High Schools, west of Division Street and South of Pine Street.   Councilman Spickelmire seconded the motion.

Councilman Boge said this matter keeps coming back around and he feels the council is being put in a position as the bad guys.  He wants to see the kids play but if the existing agreement had been complied with, the work would be finished.  He also does not want to set a precedent.  Councilwoman Lamson said as a new council member it shocked her that since 1997 the school district has not budgeted money for this project because it is too expensive to build the permanent facility they originally agreed to and that the high school and middle school students apparently cannot be trusted with a flush toilet.  She suggested if that is the case, the District should install cameras in order to identify vandals.  She added that if statements about students vandalizing flush toilets are true, there is something seriously wrong in Sandpoint and the students' parents should be made aware of it.    

Councilman Spickelmire said it concerns him that the District has made no good faith effort to  budget for the project.  Councilwoman Burgstahler asked Mr. Herrington if Mr. Diehl's comments about whether the council is legally able to address the matter were correct.  He said he had not compared this request with the one that was before the council in 2003.  He said if there are differences between then and how, he thinks it is appropriate to be before the council.  Additionally, a year has passed and it is likely this proposal could be distinguished from the proposal that was before the council in May, 2003.  

Councilwoman Elliott asked if the District's request is denied whether the District would be able to rent the field.  Ms. Bramblee said the District would not be able to rent the field because they have not met the conditions of the conditional use permit.  Consequently, the conditional use permit would go away and would revert to its original use to be used only by the school.  She said the field is zoned Residential "A".  If the restrooms are built by June, 2005, the conditions will have been met and they would be able to continue renting.  Councilwoman Elliott expressed concern about the District's statement that if they are required to build permanent restrooms, they are likely to be closed during sporting events.  Ms. Bramblee said having the restrooms open during sporting events was not part of the original consideration.  Councilwoman Lamson said in America we shouldn't have to make a choice between flush toilets that are locked during sporting events and out houses that won't be clean or nice but will be available.  Mr. Herrington said the council can impose additional conditions if the council wishes.  It was clarified by Ms. Bramblee that if the permanent bathroom is not constructed, the District would not be able to rent the fields.  She said the conditional use permit does limit hours of use so the fields cannot be used after dark.  

At 6:50 p.m. Councilwoman Lamson called for the question and the council voted five to one to accept the planning commission's finding, deny the appeal of the school district and maintain condition number 7 requiring a permanent restroom structure.   Councilwoman Burgstahler dissented.  

J.ORDINANCE 1122 VACATE PORTION OF QUINN'S ROAD:

Councilwoman Elliott moved that the proposed ordinance whose title reads "An ordinance of the city of Sandpoint, vacating a 50-foot wide strip of road right-of-way lying in a portion of the southeast quarter of Section 16, Township 57 North, Range 2 West, Boise Meridian, Bonner County, Idaho; lying easterly and adjacent to the Burlington Northern Railroad right-of-way between the extended north right-of-way line of Sequoia Lane and its intersection with the railroad spur right-of-way south of Baldy Road; repealing all ordinances and parts of ordinances in conflict herewith; and providing an effective date hereof" pass its first reading by title only.  Councilman Spickelmire seconded the motion.  A roll call vote of the council resulted as follows:
Councilwoman Elliott Yes
Councilman Ogilvie Yes
Councilman Boge Yes
Councilwoman Burgstahler Yes
Councilman Spickelmire Yes
Councilwoman Lamson Yes
By a unanimous vote, the ordinance passed its first reading by title only.

Councilwoman Elliott moved that the rules be suspended and that the proposed ordinance pass its second and third readings under suspension of the rules and be approved.  Councilman Spickelmire seconded the motion.  A roll call vote of the council resulted as follows:  
Councilwoman Elliott Yes
Councilman Ogilvie Yes
Councilman Boge Yes
Councilwoman Burgstahler Yes
Councilman Spickelmire Yes
Councilwoman Lamson Yes
By a unanimous vote, the rules were suspended and the proposed ordinance passed its second and third readings by title only and the ordinance was considered read, passed and adopted under suspension of the rules.  The ordinance is number 1122.

K.ORDINANCE 1123 FIRE CODE AMENDMENTS:
Councilwoman Elliott moved that the proposed ordinance whose title reads "an ordinance of the city of Sandpoint, Bonner County, Idaho, a municipal corporation of the state of Idaho; amending Sandpoint City Code 8-2-1 adopting appendices; providing exceptions to some code sections; repealing all ordinances and parts of ordinances in conflict therein;  providing for severability; and providing for publication and an effective date"  pass its first reading by title only.  Councilman Spickelmire seconded the motion.  A roll call vote of the council resulted as follows:
Councilwoman Elliott Yes
Councilman Ogilvie Yes
Councilman Boge Yes
Councilwoman Burgstahler Yes
Councilman Spickelmire Yes
Councilwoman Lamson Yes
By a unanimous vote, the ordinance passed its first reading by title only.

Councilwoman Elliott moved that the rules be suspended and that the proposed ordinance pass its second and third readings under suspension of the rules and be approved and that the summary, if applicable, be approved.  Councilman Spickelmire seconded the motion.  A roll call vote of the council resulted as follows:  
Councilwoman Elliott Yes
Councilman Ogilvie Yes
Councilman Boge Yes
Councilwoman Burgstahler Yes
Councilman Spickelmire Yes
Councilwoman Lamson Yes
By a unanimous vote, the rules were suspended and the proposed ordinance passed its second and third readings by title only and the ordinance was considered read, passed and adopted under suspension of the rules and the summary, if applicable, was approved.  The ordinance is number 1123.

L.AMBULANCE PROPOSAL TO BONNER COUNTY:
Councilman Boge, chairman of the administrative committee, said Fire Chief Robert Tyler had presented his proposal for the delivery of intermediate life support (ILS) ambulance transport services within the city of Sandpoint by the Sandpoint fire department.  He said currently Westside, Northside and Sagle are transporting within the city limits with Bonner County picking up the costs.  Bonner County has an ambulance stationed at the Sagle Fire Department.  Council members Boge and Burgstahler said they do not want dollars coming from the city for ambulance service.  Chief Tyler's proposal calls for the county to provide the city with an ambulance and to cover the city's actual costs for fuel and maintenance of the ambulance, EMS supplies above and beyond what the city currently provides and call back and overtime costs for personnel.  Based on the city's 2004/05 budget which includes $50,000 in expenditures to be funded by outside revenue sources, at approximately $8,000 per month the city could provide transport services for about 6 ½ months.  With lower monthly costs, the city could participate for a longer period of time.  Treasurer Shannon Syth said as long as the county offsets the city's costs, the proposal would work.  Otherwise, she said, "it will be a black hole".

Councilman Boge moved that the proposal for delivery of ILS ambulance transport services within the city limits on an interim basis be presented to Bonner County.  Councilwoman Elliott seconded the motion.  Fire Chief Robert Tyler said Bonner County had proposed a draft ordinance and memorandum of understanding on December 14th for emergency medical services in Bonner County.  Mayor Miller said the city's proposal is not in line with what the county is proposing but suggested that the city needs to make its proposal anyway.  The motion passed unanimously.

M.BILLS - NOVEMBER 2004:
Councilwoman Elliott moved that the bills for the month of November 2004 be approved and paid.  Councilwoman Burgstahler seconded the motion and it passed by a unanimous vote of the council.

N.EXECUTIVE SESSION -IC 67-2345(1)(c)
ACQUIRE AN INTEREST IN REAL PROPERTY NOT
OWNED BY PUBLIC AGENCY:
Councilwoman Elliott moved that the council convene in executive session pursuant to Idaho Code 67-2345(1)(c) to acquire an interest in real property which is not owned by a public agency.  Councilwoman Lamson seconded the motion.  A roll call vote of the council resulted as follows:
Councilwoman Elliott Yes
Councilman Ogilvie Yes
Councilman Boge Yes
Councilwoman Burgstahler Yes
Councilman Spickelmire Yes
Councilwoman Lamson Yes
By a unanimous vote, the council convened in executive session at 7:03 p.m.

ADJOURNMENT:The council meeting adjourned at 7:30 p.m. without reconvening.
___________________________________
Raymond P. Miller, Mayor
ATTEST:

__________________________________
Helen M. Newton, City Clerk

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