OPENING Mayor Miller called the regular meeting of the city council to order at 5:30 p.m. on Wednesday, April 18, 2007 in the council chambers at City Hall, 1123 Lake.
ROLL CALL Council members Boge, Elliott, Spickelmire, Lamson, Lockwood, and Newton were present.
INVOCATION Dave Olson, First Lutheran Church, gave the invocation.
PLEDGE OF ALLEGIANCE Mayor Miller led the council and the public in the pledge of allegiance to the flag.
ANNOUNCEMENTS
Police Chief Mark Lockwood announced the City’s appreciation to Gretchen Heller and Patricia Sayre for their efforts in providing information and assistance to the Sandpoint Police Department in the arrest of the suspects involved in the attempted burglaries that occurred on March 25 and March 28, 2007. He noted that Gretchen Heller was a recent graduate of the Sandpoint Police Department’s citizen’s academy and used her skills in assisting the Police Department to apprehend the suspects that attempted to burglarize her residence. He commended both Ms. Heller and Ms. Sayre for their role in making Sandpoint a safer haven. Mayor Miller presented them with a certificate of appreciation.
Mayor Miller announced that he is going to appear tomorrow at City Beach in conjunction with the Climate Change Action Network and will sign a U.S. mayor’s agreement on climate protection.
Councilman Lockwood stated that he and the City Treasurer attended the AIC Spring District seminar yesterday with significant information on House Bill 79. He explained there were changes made in the Urban Renewal provisions that new construction rolls will include the total taxable market value of new construction within a revenue allocation area at close out of a revenue allocation area. He further explained that taxes paid by property owners will not increase due to urban renewal and that taxing entities will need to exclude from their budgets, the amounts due to new construction until the revenue allocation areas are closed out.
PUBLIC FORUM
Becky Kiebert, Principal of the Sandpoint High School, reported that she received a positive letter on the school resource officer, Officer Chamberlain. She commented that the school resource officer’s presence at the school has brought better communication between students and adults. She read from the letter that commended Steve Chamberlain’s expertise, courtesy and quick action and thanked Officer Chamberlain for intervening in stressful and possibly dangerous situations regarding our children. Ms. Kiebert said she has received several other positive letters and thanked the city council for their support.
Dale Reed, 1435 Sagle, Rd, Sagle, Idaho, stated he owns property on 302 Main Street and wanted to comment on Item F regarding the vacation request by Intermountain Community Bank. He noted that Panhandle State Bank does currently occupy part of his business building and that his viewpoint has nothing to do with them as a tenant. He stated that he has been involved with the Downtown Revitalization Committee with primary concerns on parking. He commended any business that contributes to a parking solution as opposed to compounding our parking problem. He urged the mayor and city council to look at things in perspective by allowing private businesses to construct a parking structure as a solution.
Larry Blakey, 324 S. Boyer, urged the city council and Public Works Committee to give an update on their future agendas as to their response to the pedestrian death on Fifth Avenue and Poplar Street. He stressed that the citizens have a right to know the status.
Larry Blakey, Chair of the Pedestrian Advisory Committee, urged the city council to consider the committee’s proposed 2008 LID. He noted that the proposed LID includes high priority streets located near schools. He said the LID includes South Fourth Avenue from Pine Street to the lake with the main corridor to the post office, Farmer’s Market, the new Panhandle State Bank, and downtown. He said that it also covers Larch Street between Third and Boyer with a walking route that will include the Milltown site, and a major link to downtown and parks. He said the committee would be happy to include the downtown revitalization if city council wants to include that area. He noted that the City recently submitted a grant request making Highway 2 safer for pedestrians especially for students crossing Michigan in order to keep the elementary students off the streets. On behalf of the Pedestrian Advisory Committee, he urged the city council to send the proposed 2008 LID to public hearing.
CONSENT CALENDAR
Mayor Miller announced that item D-1 Sandpoint Cab Company – New Ownership would be removed from consent with Police Chief Mark Lockwood explaining the matter. Councilwoman Lamson requested that Items D-1 through D-6 Administrative Committee Consent Calendar Items for Meeting April 11, 2007 be removed from consent. Councilwoman Newton requested that Item D-5 Seasons at Sandpoint – Lease to Use City Property North of WTP for Parking and Item E-3 Seasons at Sandpoint Lease be removed from consent.
Councilman Spickelmire moved that items A-1 through C, Items E-1, E-2, and E-4 be approved. Councilwoman Lamson seconded the motion. The motion passed unanimously by a roll call vote of council.
A. MINUTES
A-1 City Council workshop minutes of March 14, 2007, Joint City Council meeting minutes of March 20, 2007, regular meeting minutes of March 21, 2007, and special meeting minutes on March 28, 2007;
A-2 Planning Commission minutes of regular meetings of February 20, 2007 and March 20, 2007;
A-3 Comprehensive Plan Steering Committee minutes of February 22, 2007;
A-4 Arts Commission minutes of March 13, 2007;
A-5 Pedestrian Advisory Committee minutes of February 28, 2007;
A-6 Community Forest Committee minutes of February 7, 2007;
A-7 Urban Renewal Agency minutes of March 6, 2007.
B Bills for the month of March 2007
C Pedestrian Advisory Committee Appointments – Liz Hawn for a three-year term expiring September 15, 2010 and Michael Bonds for a one-year term expiring July 1, 2008.
D. ADMINISTRATIVE COMMITTEE APRIL 11, 2007 MINUTES
D-1 Sandpoint Cab Company – New Ownership- approve Kelly Allen to operate cab company under new ownership – removed from consent
D-2 Prohibit Non-Commercial Kennels in Residential Areas – approve moratorium – removed from consent
D-3 POAC Arts and Crafts Fair at City Beach – removed from consent
D-4 Festival at Sandpoint 2007- removed from consent
D-5 Seasons at Sandpoint – Lease to Use City Property North of WTP for Parking – removed from consent
D-6 Insurances (Medical, Dental, Life) – Renew Contract with Regence BlueShield with traditional network at 11.7% increase, renew Contract with Delta Dental at 5.5% increase, Regence Life and Health maintaining current benefits with zero increase, and Rehn and Associates as COBRA Administrator with an increase of $22.00 per notification effective July 2007 – removed from consent.
E. RESOLUTIONS
E-1 Resolution No. 07-24 POAC Arts and Crafts Fair 2007 Agreement
E-2 Resolution No. 07-25 The Festival at Sandpoint Lease 2007
E-3 Proposed Resolution Seasons at Sandpoint Lease
E-4 Resolution No. 07-26 Marina Docks Purchase and Installation Agreement with
Dynamic Fabricators
Councilwoman Lamson requested a correction on the Administrative Committee Minutes for the Downtown Parking Update that Mr. Goldblum was concerned that permit parking was not appropriate at his location and would result in two hour parking becoming all day parking. She also requested correction in the minutes for the Edgewater Lease, that an increase annually by an amount to be determined by the percentage of the increase of cost of living index.
Councilwoman Lamson moved to approve Items D-2 Prohibit Non-Commercial Kennels in Residential Areas, D-3 POAC Arts and Crafts Fair at City Beach, D-4 Festival at Sandpoint 2007, and D-6 Insurances (Medical, Dental, Life). Councilman Spickelmire seconded the motion. The motion passed unanimously by a roll call vote of council.
D-1 SANDPOINT CAB COMPANY – NEW OWNERSHIP
Police Chief Mark Lockwood stated that this matter was brought to the Administrative Committee for a transfer of a taxicab owner license. He said the process required a background check and it was determined that applicant and owner Kelly Allen does not possess a current Idaho driver’s license. He stated that there was nothing in the background check that would prohibit Ms. Allen from operating the taxicab business, only that she would be required to obtain a driver’s license according to Code. Kelly Allen stated that she has never acquired a driver’s license with no intention to obtain one in the future. She said that she had acquired the required insurance coverage, titles had been transferred, and that the last step was to receive authorization from city council. She assured city council that she has no intention of driving a taxicab. City Attorney Will Herrington felt that city council could waive the requirement and stated that the license is unnecessary if the owner has no intention to drive.
Councilwoman Newton moved that city council waive the requirement for Kelly Allen to obtain a driver’s license based on no intention to drive and to authorize Kelly Allen to operate as owner of Sandpoint Cab Company. Councilwoman Lamson seconded the motion. The motion passed unanimously by council.
Councilwoman Elliott recused herself from Item D-5 and E-3 because her firm represents the Seasons.
D-5 SEASONS AT SANDPOINT – LEASE TO USE CITY PROPERTY NORTH OF WTP FOR PARKING
Councilman Spickelmire moved to approve the lease. Councilwoman Lamson seconded the motion. Councilwoman Newton requested to add another condition to the lease referring to the order signed by Judge Verby on April 28, 2004 that access to the Seasons should not be gated without written permission from the City and stated that the City has never given the Seasons permission to erect a gate at the access. She noted that she has received several complaints from citizens as to why the access is gated. Councilwoman Newton moved to amend the lease to acknowledge the judge’s order that access to the Seasons should not be gated without permission from the City. Councilwoman Lamson seconded the motion.
City Attorney Will Herrington confirmed that the City did not permit the gate to be erected but that Seasons installed the gate for public safety due to the construction zone along the road. He noted that he would give direction based on city council’s decision that the gate be removed. Councilman Lockwood raised concern with citizen complaints due to the unwelcome access and suggested that signs and a flagger would be more appropriate. The motion to amend the lease passed unanimously with Councilwoman Elliott abstaining.
Councilman Lockwood moved to amend the motion to require construction parking be confined to the designated gravel area and not on the jetty. Councilwoman Newton seconded the motion. Councilman Spickelmire stressed that the jetty is a public right-of-way and that the City can’t stop people from parking there. City Attorney Will Herrington advised that the City can’t stop parking in that area, but the Seasons can. Councilwoman Lamson noted that the Administrative Committee suggested that the Seasons require parking only on the graveled area. The motion passed unanimously with Councilwoman Elliott abstaining.
The motion to approve the lease as amended passed by a unanimous vote of council with Councilwoman Elliott abstaining.
E-3 RESOLUTION NO. 07-27 - SEASONS AT SANDPOINT LEASE
Councilwoman Newton moved that the proposed resolution, “Seasons at Sandpoint Lease” be approved. Councilman Lockwood seconded the motion. The motion passed by a unanimous roll call vote of council with Councilwoman Elliott abstaining.
UNFINISHED BUSINESS
Councilwoman Elliott recused herself because a member of her firm is a board member of the Intermountain Community Bank.
Councilman Spickelmire recused himself because his wife is an employee of Intermountain Community Bank.
F. VACATION REQUEST BY INTERMOUNTAIN COMMUNITY BANK PORTION OF ALLEY LOCATED WEST OF FIFTH AVENUE BETWEEN CHURCH AND PINE STREETS
Mayor Miller announced that testimony in this matter had been taken and recorded for the record at the February city council meeting. He reminded the council that this issue is
strictly the issue of the vacation of an alley and not who the applicant is.
City Attorney Will Herrington noted that the issue is to consider whether it is in the public’s interest to vacate a portion of the alley and noted that an alternate alley would be dedicated by the applicant. He advised that the city council should not consider the proposed design of the building but whether the alley should be vacated and traffic should be redirected off Pine Street. He said if traffic were to be redirected onto Pine Street, it would be staff’s recommendation to have a right turn only on Pine Street from the alley. He said that the bank could build a substitute alley further to the east for truck deliveries in the alley. He explained that the alley is only 16 foot wide with telephone poles making it narrower. He recommended that the matter be continued and scheduled for public hearing to give everyone a chance to comment. He mentioned that if the alley was vacated, a condition could be imposed that the bank takes the steps to construct a parking garage and to dedicate an additional right-of-way to exit the alley. He said another condition of the vacation is relocating the utilities in the alley. If the council approved, the ordinance could be brought to the May city council meeting with the proposed conditions. He advised that if city council wishes to deny the vacation, the council should bring back a written decision denying the vacation.
Mr. Herrington advised Councilwoman Newton that city council should not include the concept of the structure or parking as an issue. He noted that the bank has other options if the vacation is denied and that it was not relevant as to what the options are. He noted that the bank intends to construct a parking structure at this location if the vacation is approved. Councilwoman Newton disclosed that following the public hearing at the February city council meeting, at her invitation, Councilwoman Lamson, the city attorney, and she met with Panhandle State Bank representatives, Curt Hecker, Jim Bennett, and Jack Parker to address the parking issues. She stated that she suggested and organized the meeting to discuss solutions and that the city attorney had taken the minutes. The city attorney assured her that she wouldn’t compromise her opportunity to vote on decisions regarding this matter. She said she was advised that Councilwoman Lamson and she were obligated to disclose the meeting. At the meeting she suggested the option of constructing a multi-story parking facility through a public-private partnership on the city parking lot with the condition that there be a city presence on the first floor for such things as collecting utility payments, and municipal enforcement. She said that there was neither commitment nor response from the bank at the meeting or thereafter. She said she was encouraged by Mr. Hecker’s letter of April 16th stating, “We believe strongly that the city and local businesses (us included) must continue to work together to create more customer parking”. She suggested accommodating the parking needs during an interim period of perhaps up to five years by facilitating a shuttle service for employees, tourists, business owners, and shoppers. She said that if we work together, the parking problem could be solved.
Councilman Lockwood commented that the bank applied and received approval to build the bank, providing 50% surface parking at the bank site and expressed intent to use in lieu option for the other 50%. He stated that other cities use a variety of options dealing with parking including upper limits to parking, minimum parking requirements and incentives for car pools. He referred to the letter from the law firm representing Intermountain Community Bank advising the mayor and city council that this matter is strictly the vacation request. Councilman Lockwood moved to deny the request for vacation. Councilwoman Lamson seconded the motion.
City Attorney Will Herrington reminded council that they needed to ask themselves whether or not it is in the public interest to vacate a portion of the alley. He commented that the proposed garage construction would take surface area. He advised that city council should not dictate to the bank on what they should be doing. Councilwoman Lamson stated that it would not be expedient to the public good and she felt it doesn’t make sense to make a right angle turn. She also mentioned that the letter from the bank’s attorney left the city council no other option but to deny the vacation. Councilwoman Newton reported that her research of city records regarding all alleys that have been vacated, has shown that the city has vacated the entire alley, not just a portion. She stated that she would support the vacation of a portion of the alley if support was submitted from all of the business owners located on the alley and was for the good of the community. She referred to an e-mail from the mayor that the primary consideration is the public’s interest along with the property owners served by the alley, not to consider the design of the bank nor the proposed garage. Councilman Boge concurred that he relied on prior testimony from many residents’ opposition to the vacation. Councilman Lockwood commented there was no need to deal with the matter further. He questioned whether there were other options.
The motion passed unanimously by a roll call vote of the council with Council members Elliott and Spickelmire abstaining.
Councilwoman Elliott and Councilman Spickelmire returned to the meeting.
NEW BUSINESS
G. PUBLIC HEARING – LID 2007-1
Mayor Miller announced that the next order of business would be a public hearing at which the owners of property proposed to be assessed within the proposed Local Improvement District No. 2007-1 may appear before the city council of the City of Sandpoint and be heard as to the propriety and advisability of creating LID No. 2007-1 and commencing the project as the time and place when and where the council will consider the creation of proposed LID No. 2007-1 and making or causing to be made the proposed improvements, and hear all complaints, protest, and objection which shall be made in writing and filed with the City Clerk on or before 5:00 p.m. today by any owner of any parcel of land to be
assessed. In accordance with Idaho Code, notice of this public hearing has been published in the Bonner County Daily Bee on April 3, 4, 6, 7, and 8, 2007.
Public Works Director Kody Van Dyk reported that there was only one property owner impacted with this LID, located north of Halley Street with the continuation of Oak Street. He noted that the owner prefers and requires a LID and can only pass the assessment to the tenants by a government assessment. He said that the developer on the north side of Oak Street is constructing the other half of Oak Street. He explained that the property impacted by the LID is subsidized housing with the property owner requesting that the term be as long as possible with a maximum of a 30 year term allowable. He estimated there was an excess of 50 low-income units. He explained that the alternatives would be that either one-half the street would be built or the street won’t be paved with the developer building only one-half the street. Councilman Spickelmire commented that the city would maintain the graveled street with concern with air quality problems. City Treasurer Shannon Syth noted that the property is government-subsidized apartments and that tenants pay rent based on their incomes. She gave a calculation of a 30-year term assessment at $4,722 per year. Councilwoman Newton stated that this would be an approximately $5.00 increase per month for each tenant for 20 years if passed directly upon the tenants. Public Works Director Kody Van Dyk explained that the north half of Oak Street is being constructed by the developer as a requirement of the subdivision approval and that Avista owns the right-of-way to Lincoln Avenue. He said that the City should consider connectivity in the future. Councilman Lockwood stated he contacted Avista and that they were willing to entertain the idea.
The mayor advised that the hearing would be conducted in compliance with the following rules of procedure: Before persons testify at public hearings, they are to fill out the sign up sheet available at the front of council chambers and hand deliver to staff, no person shall be permitted to speak before the Council until such person is recognized by the chairperson, persons who wish to comment during the public hearing, shall come to the microphone and state your name and residence address for the record; comments are limited to no more than three minutes; testimony shall directly address the subject at hand and shall not be personally derogatory nor shall it be personally directed at any individual, organization or business; if oral testimony fails to comply with the aforementioned standards, the chairperson may declare such testimony out of order and require it to cease; members of the council may ask questions of persons who have testified, if they do so, it will be only for the purpose of clarifying information, the council may suspend or amend any one or more of these rules by vote of one-half plus one of the number of members of the council then in attendance; once the public hearing portion of this meeting is closed there will be no further opportunity for public input on the proposal; 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 opened the public hearing to accept testimony regarding the LID 2007-1. No written protests for the LID’s creation have been received. The sole property owner within the LID has signed and submitted a waiver waiving its right to protest the creation of LID 2007-1 and hereby waives its right to attend the public hearing. No one testified. The mayor closed the public hearing.
Councilwoman Newton moved that the city move forward with LID 2007-1. Councilwoman Lamson seconded the motion. City Treasurer Shannon Syth stated that for 10 years, the annual payment at 6% interest would be $8,831.42, 20 years at $5,667, and 30 years at $4,722.18. Councilwoman Elliott moved to amend the motion that the term of the LID be 20 years. Councilman Lockwood seconded the motion. The motion to amend passed unanimously by council.
The motion to proceed with LID 2007-1 passed unanimously by council.
H. ORDINANCE AND SUMMARY NO. 1169 – CREATION OF LID 2007-1
Councilwoman Elliott moved that the proposed ordinance titled “An ordinance of the City of Sandpoint, Bonner County, Idaho; creating Local Improvement District No. 2007-1; describing and setting the boundaries of said district; providing for the improvements to be made therein; appointing an engineer to prepare the necessary plans and specifications for the work; authorizing the advertising for bids for said work as provided by law; providing for the payment of costs and expenses of said improvements to be assessed against the property within the district benefited thereby and the method of assessment; providing for the issuance of Local Improvements District bonds and warrants; providing for the publication of this ordinance; and providing for other matters properly relating thereto” pass its first reading by title only and, if applicable, the summary be approved. Councilwoman Lamson seconded the motion.
A roll call vote of the council resulted as follows:
Councilman Boge No
Councilwoman Elliott Yes
Councilman Spickelmire Yes
Councilwoman Lamson Yes
Councilman Lockwood Yes
Councilwoman Newton Yes
The motion passed by a majority vote of council and the proposed ordinance passed its first reading by title only and, if applicable, summary was approved.
Councilwoman Elliott moved that the rules be suspended and that the ordinance pass its second and third readings under the suspension of the rules and, if applicable, summary be approved. Councilman Lockwood seconded the motion.
A roll call vote of the council resulted as follows:
Councilman Boge No
Councilwoman Elliott Yes
Councilman Spickelmire Yes
Councilwoman Lamson Yes
Councilman Lockwood Yes
Councilwoman Newton Yes
The motion passed by a majority vote of council and the proposed ordinance passed its second and third readings under suspension of the rules. The ordinance was considered read, passed and adopted. The ordinance is Number 1169.
I. PUBLIC HEARING – IN LIEU PARKING FEES INCREASE
Mayor Miller said the next order of business would be a public hearing to take testimony regarding an increase of in lieu parking fees from $6,500 per space to $10,000 per space. The legal notices advertising this public hearing were published in the Bonner County Daily Bee on April 4, and 11, 2007.
Will Herrington, City Planner, explained that in-lieu fees were implemented several years ago with a recent proposal from the Public Works Committee to raise the fees from $6,500 to $10,000 with this being the highest fee of any other city of similar size. He recommended that city council consider a lesser increase and refer this matter to the impact fee advisory committee for further research of the issue and appropriate fee. He said this would be necessary because it would become a legal question in the future. He advised that all development fees should be considered under the purview of the impact advisory fee committee, including the new user facility fees. He said the impact fee advisory committee intends to convene when the transportation plan is completed. He suggested the fee not be raised higher than $7,500.
Councilman Lockwood noted that the impact fee advisory committee only meets once a year and that city council would not be required to take its recommendations. He said that he has attended the committee meeting in the past with low attendance and questioned when the committee would meet again. Will Herrington said that he expects them to meet in June. The impact fee committee is comprised of the Planning and Zoning Commission members and two developers. He recommended that the impact fee advisory committee meet in conjunction with one of the Planning Commission meetings in June.
The mayor advised that the hearing would be conducted in compliance with the previous rules of procedure read.
The mayor opened the public hearing to hear testimony supporting or opposing the proposed increase in fees.
PERSONS WHO TESTIFIED NEUTRAL:
Dale Reed, 302 Main Street, Sandpoint, commented that perception is more important than reality because people have the perception that there is a place to park. He felt the increase to $10,000 was inadequate and noted that the City can’t invest in an account that will appreciate as quickly as real estate is appreciating. He stated that he would like to see the City give incentives to businesses that provide solutions. He suggested setting the fee that represents what it takes to create a parking space.
Debra Meaux, 711 French Rd, Sandpoint, raised concern on how to make the fee viable and that it would force businesses out of town due to no parking availability. She urged the City to come up with an alternative for parking downtown. She said the City should encourage more businesses downtown.
The mayor closed the public hearing meeting.
Councilwoman Newton stated that she moved to raise the fee to $25,000 at the Public Works Committee meeting but there was no second. She quoted from an article in the Bonner County Daily Bee when Panhandle State Bank introduced plans for its new building with a statement from Curt Hecker that each vehicle spot would cost $30,000. At a February public works committee meeting, Will Herrington stated that parking spots are valued at $11,000 to $20,000. She noted that downtown has two districts consisting of Area B and Area B with Area A consisting of everything east of Fourth Avenue and Area B as the commercial overlay west of Fifth. She explained the funds are in a dedicated fund with City Treasurer Shannon Syth reporting that $27,500 is designated for Area A with zero allocated in Area B. She stated the City doesn’t have enough funds to build even one parking space. She noted that the City Treasurer increased the parking in lieu fees to $600,000 for this year’s budget. Mayor Miller explained that Panhandle State Bank would pay the in-lieu fee and had to have a line item to accommodate that.
Councilman Lockwood moved that the city adopt the proposed fees. Councilwoman Newton seconded the motion. Councilman Lockwood explained that the increase to $10,000 is justified due to construction costs and that the price of land has increased. Councilwoman Elliott commented that this was a multi-faceted issue that was more complicated than raising the fees and preferred that the impact fee advisory committee review the issue along as address perception of parking problems. She said that the City needs to encourage making good use of downtown buildings or the businesses will move elsewhere if it becomes more cost prohibitive. She said the City should also look at the requirement of parking spaces of downtown with a comprehensive view with the impact fee advisory committee for Area A and Area B.
Councilwoman Elliott moved that this matter be referred to the Impact Fee Advisory
Committee to include comprehensive review for parking space requirements in Area A and Area B. Councilman Spickelmire seconded the motion. He referred to the Hudson parking report stating that the City is quite high on requiring parking spaces for businesses downtown. He said he wasn’t for raising fees for the sake of raising fees. He concurred with Councilwoman Elliott.
Councilwoman Newton read from the Hudson report (page 48-49) that states the city’s proposed fee level of $5,240 per unit is well below the cost of construction and the fee should be reviewed on a continual basis to keep the fee at a reasonable distance of construction costs. She noted that there has been no review of the ordinance since it was adopted. She agreed that the impact fee advisory committee should review, but to move ahead with the increased fee. The motion failed with Council members Boge, Lamson, Lockwood, and Newton dissenting.
Councilwoman Newton moved to amend the motion that the in lieu fees be considered by the Impact Fee Advisory Committee at the earliest opportunity and to bring back their figures to city council if they recommend it be increased. Councilman Boge seconded the motion. The motion passed by majority vote of council with Councilman Spickelmire dissenting.
The motion to adopt the proposed in lieu fee increase from $6,500 to $10,000 passed by a majority vote of council with Council members Elliott and Spickelmire dissenting.
J. RESOLUTION NO. 07-29 – IN LIEU PARKING FEE INCREASE
Councilman Boge moved that the proposed resolution, “In Lieu Parking Fee Increase” be approved. Councilman Lockwood seconded the motion. The motion passed by a majority vote of council with Council members Elliott and Spickelmire dissenting.
Councilwoman Elliott recused herself as she represents Bonner General Hospital.
K. PUBLIC HEARING – REQUEST BY BONNER GENERAL HOSPITAL TO VACATE PORTION OF SECOND AVENUE NORTH OF ALDER STREET LOCATED DIRECTLY BEHIND THE HOSPITAL
Mayor Miller announced that the next order of business would be a public hearing to consider a request by Bonner General Hospital to vacate that portion of Second Avenue north of Alder Street located directly behind the hospital that is currently unvacated. The right-of-way line of Alder Street and south of the south line of Lot 6, Block 16, Farmin’s Addition in Section 22, Township 57 North, Range 2 W.B.M. The Applicant is asking for the vacation to improve access to their loading dock area and allow utilization of the area
for hospital physician parking. In accordance with Sandpoint City Code, notice of this public hearing has been published in the Bonner County Daily Bee on April 6 and April 11, 2007, and notices were mailed by certified letters on April 6, 2007.
Jeff Bales, Director of Facilities for Bonner General Hospital, 185 Carol’s Lane, Sagle, stated that the hospital needs the ability to use the proposed vacated area for truck
access. He said that if the vacation was not granted, there was concern with congestion
in the area. City Planner Will Herrington explained that the law requires when alleys are vacated, that it be dedicated to owners on each side. He stated that staff recommended vacation of the right-of-way with city to retain easement to maintain public utilities. He noted that the highway district has been contacted and will be given 30 days to object. He said the City would not maintain the street or the drainage, if vacated. He explained to Councilman Lockwood that an encroachment agreement exits for parking on the east side of the alley between the highway district and property owner and wouldn’t interfere with the vacation. He said the property owner on the other side doesn’t oppose the vacation.
The mayor advised that the hearing would be conducted in compliance with the rules of procedure previously read.
The mayor opened the public hearing to accept testimony regarding the request to vacate that portion of Second Avenue north of Alder Street located directly behind the hospital that is currently unvacated. No one testified.
The mayor closed the public hearing.
L. ORDINANCE NO. 1170 – VACATING A PORTION OF SECOND AVENUE NORTH OF ALDER STREET LOCATED DIRECTLY BEHIND BONNER GENERAL HOSPITAL
Councilwoman Newton moved that the proposed ordinance titled “An ordinance of the
City of Sandpoint, a municipal corporation of the State of Idaho, vacating all that portion of Second Avenue North of the North right-of-way line of Alder Street and South of the
South line of Lot 6, Block 16, Farmin’s addition in Section 22, Township 57 North, Range 2 West, Boise Meridian City of Sandpoint, Bonner County, Idaho; repealing all ordinances and parts of ordinances in conflict herewith; and providing an effective date hereof” pass its first reading by title only and, if applicable, the summary be approved. Councilman Spickelmire seconded the motion.
A roll call vote of the council resulted as follows:
Councilman Boge Yes
Councilwoman Elliott Abstain
Councilman Spickelmire Yes
Councilwoman Lamson Yes
Councilman Lockwood Yes
Councilwoman Newton Yes
The motion passed by a unanimous vote of council and the proposed ordinance passed its first reading by title only and, if applicable, summary was approved.
Councilwoman Newton moved that the rules be suspended and that the ordinance pass its second and third readings under the suspension of the rules and, if applicable, summary be approved. Councilwoman Lamson seconded the motion.
A roll call vote of the council resulted as follows:
Councilman Boge Yes
Councilwoman Elliott Abstain
Councilman Spickelmire Yes
Councilwoman Lamson Yes
Councilman Lockwood Yes
Councilwoman Newton Yes
The motion passed by a unanimous vote of council present and the proposed ordinance passed its second and third readings under suspension of the rules. The ordinance was considered read, passed and adopted. The ordinance is Number 1170.
M. ORDINANCE NO. 1171 – VACATING A PORTION OF UNDEVELOPED MT. MEADOWS WAY RIGHT-OF-WAY EAST OF ITS INTERSECTION WITH LINCOLN AVE.
Councilwoman Elliott moved that the proposed ordinance titled “An ordinance of the City of Sandpoint, a municipal corporation of the State of Idaho, vacating all that portion of the right-of-way of Mt. Meadows Way lying East of the East right-of-way line of Lincoln Avenue, according to the plat of Creekside Estates at Mountain Meadows, recorded in Book 4 of plats, Page 157, records of Bonner County, Idaho, being situated in the SE ¼ of the SE ¼ of Section 21, Township 51 North, Range 2 West, Boise Meridian, City of Sandpoint, Bonner County, Idaho; repealing all ordinances and parts of ordinances in conflict herewith; and providing an effective date hereof” pass its first reading by title only and, if applicable, the summary be approved. Councilman Spickelmire seconded the motion.
A roll call vote of the council resulted as follows:
Councilman Boge Yes
Councilwoman Elliott Yes
Councilman Spickelmire Yes
Councilwoman Lamson Yes
Councilman Lockwood Yes
Councilwoman Newton Yes
The motion passed by a unanimous vote of council and the proposed ordinance passed its first reading by title only and, if applicable, summary was approved.
Councilwoman Elliott moved that the rules be suspended and that the ordinance pass its second and third readings under the suspension of the rules and, if applicable, summary be approved. Councilman Lockwood seconded the motion.
A roll call vote of the council resulted as follows:
Councilman Boge Yes
Councilwoman Elliott Yes
Councilman Spickelmire Yes
Councilwoman Lamson Yes
Councilman Lockwood Yes
Councilwoman Newton Yes
The motion passed by a unanimous vote of council and the proposed ordinance passed its second and third readings under suspension of the rules. The ordinance was considered read, passed and adopted. The ordinance is Number 1171.
N. AIRPORT ADVISORY BOARD BUILDING CODE AND FEE WAIVER
Public Works Director Kody Van Dyk explained that the developer for the hanger at the airport submitted the building permit request with restroom facilities required by city code. He noted that the building official will not issue a permit until a restroom is available within 500 feet of an occupied space with the County requesting that fees be waived for the building permit, sewer and water hookups. Councilman Spickelmire, who stated that he is a member of the Sandpoint Airport Board, explained that the letter from the airport advisory board to Commissioner Rich is asking the County Commission for a waiver of the building permit, waiver for the sewer and water hookup fees, and a waiver for two separate bathrooms. He said that this matter was brought to city council because the airport board has a contractor willing to construct the restroom with a deadline in ordering materials. He noted that the request came after the Public Works Committee meeting agenda deadline. Councilwoman Elliott noted that hookup fees for the Sandpoint Business Park were not waived for the City, that the City has to pay from the general fund to the enterprise fund. She said the fees are necessary for funding to upgrade both systems.
Councilman Lockwood moved to deny waiver of water and sewer hook up fees, and building permit fee. Councilwoman Newton seconded the motion. Will Herrington stated that the staff’s viewpoint is that the policy is not to waive new user facility fees, but that building permit fees have been waived in the past.
Councilman Lockwood moved to amend the motion to deny waiver of water and sewer hook up fees and grant the waiver for the building permit fee. Councilwoman Lamson seconded the motion.
Terry McConnaughey, 579 Woolsey Rd., Sagle, Chairman of the Airport Advisory Board, explained that they have not requested a waiver on the building permit, that the only waiver they are requesting is a waiver of $8,000 for the sewer and water hookup fees. He said their second request is a waiver on requiring constructing two bathrooms and instead to construct a unisex restroom. He noted that the restroom would not be used by the public but by people using the airport only. He stated that the City ordinance requires that a restroom be constructed within 500 feet and that the County doesn’t have the funds to pay for the hookup fees. He said that one of the leasees has consented to construct a bathroom inside a building leased by the County for a reasonable price.
Councilwoman Elliott asked if the City could waive the requirement to construct a restroom. Councilwoman Newton referred to the International Building Code requirement and that the building official advises not to waive the requirement. The motion passed unanimously by council.
Councilwoman Newton moved to deny the request for construction of a unisex restroom based on the recommendation from the building department. Councilman Lockwood seconded the motion. The motion passed by a majority vote of council with Councilman Spickelmire dissenting.
O. RECOMMENDATION FROM PEDESTRIAN ADVISORY COMMITTEE – PROPOSED SIDEWALK LID FOR SUMMER 2008
Councilwoman Newton moved that this matter be referred to the Public Works Committee for thorough review and be returned to the city council regular meeting in May. Councilman Boge seconded the motion. Councilman Lockwood felt it appropriate that the City should move forward with the proposed 2008 LID. He raised concern with the city’s liability for poor sidewalk conditions and compliance to the American Disabilities Act. He noted that the City has required installation of curb ramps since 1992 and to bring sidewalks up to ADA standards. He stated that any disabled person can request an audit on sidewalks with the capability of filing lawsuits against the City. He stated that it was important to adopt an annual LID for compliance to the Amercian Disabilities Act and connectivity to sidewalks. Councilwoman Elliott concurred. Councilman Boge directed his comments to Larry Blakey, Chair of the Pedestrian Advisory Committee, commented that the committee’s proposals are great but had concern with the financial burden on the individual homeowners. He advised Mr. Blakely that the committee should look for funding citywide. He concurred that the city should move these projects forward. Councilwoman Newton suggested that the Pedestrian Advisory Committee be involved with the discussions at the Public Works Committee. The motion passed by a majority vote of council with Council members Lockwood and Lamson dissenting.
P-1 PUBLIC WORKS COMMITTEE – APPROVE TEMPORARY ENCROACHMENT IN ALLEY AT 1115 FOREST
Councilman Lockwood moved based on the Public Works Committee’s recommendation, to approve a temporary encroachment in the alley right of way at 1115 Forest for a fence. Councilman Boge seconded the motion. Councilman Lockwood commented that he didn’t favor a fence being installed. Councilman Spickelmire noted that alleys are a public right-of-way and that the City should not allow a fence to be installed on a public right-of-way unless the alley is vacated. He said the public has the right to access the alley and the homeowner should request a vacation. Councilman Boge concurred but commented that the alley has not been used for years, that it is an extension of the homeowner’s backyard. Councilwoman Newton stated there’s no evidence of an alley because it is overgrown with trees and bushes. She said that the property owner has agreed to remove the fence if the alley needs to be used. Councilwoman Lamson stressed that the property owner should follow the law and should not be allowed to build a fence on the public right-of-way. A roll call vote resulted in Council members Boge, Elliott, and Newton voting aye and Council members Spickelmire, Lamson, and Lockwood dissenting. Mayor Miller broke the tie vote by dissenting. The motion to approve the temporary encroachment failed.
P-2 PUBLIC WORKS COMMITTEE – LID 2006-1 BOYER/CEDAR BID RESULTS
Public Works Director Kody Van Dyk stated that the bids were opened last week. He said he received two bids with only one bid being responsive with the bids coming in over the budget. Right of Way Inspector Bruce Robertson explained that one of the bids received was a combined bid from two contractors with the cost significantly higher than Super Grade Inc. He said that Super Grade would charge $200 per grind that would bring the cost significantly over the costs for grinding from the original estimate of $60 per grind. He said the bid is a fraction below the estimate for a majority of the lots with the City’s cost of work slightly higher. Kody explained that the City has two options: 1) either not having to perform the work and award the bid, or 2) for the city to do the work, buy or rent the equipment for the grinding, or replace the panels scheduled to grind because the cost of concrete prices came in less than estimated. Bruce Robertson noted that the work at Dubs Drive In at the intersection of Boyer and Highway 2, was included as a separate item with no official decision on how to handle the sidewalk at Dubs, that this needed to be added to the base bid. He explained that the project is $6,000 under the engineer’s estimate with the low bid for the work to include the work for Dubs in the amount of $292,267.98.
Councilman Lockwood moved to award the bid for LID 2006-1 to Super Grade Inc. Councilwoman Lamson seconded the motion. Councilman Lockwood suggested that the public works department look at doing the grinding themselves. Kody Van Dyk explained that city costs went up because the costs to install curb ramps are now higher than estimated. The motion passed by a majority vote of council with Council members Boge and Newton dissenting.
P-3 PUBLIC WORKS COMMITTEE – APPROVE CONTRIBUTION FOR PEDESTRIAN SAFETY ADS
Councilman Lockwood moved to approve $400.00 contribution to BCATT from the City Contingency Fund for the major media promotion for pedestrian safety. Councilwoman Newton seconded the motion. Mayor Miller explained that BCATT in conjunction with the Federal Highway Department are planning a week long advertisement on pedestrian and driver safety designed for school safety with a cost of $2,000. He noted that BCATT would contribute to the total cost. The motion passed unanimously by council.
P-4 PUBLIC WORKS COMMITTEE - ADOPT DOWNTOWN LIMITED PARKING
City Attorney/Planner Will Herrington explained that the proposed map was prepared by the Downtown Sandpoint Business Association expanding parking near Farmin Park for all day, expanding the two hour limits north of Cedar Street, expanding two hour parking on Fourth Avenue between Pine and Church Street, expanding two hour parking on the southside of Church between Fifth Avenue and the former railroad right-of-way with permit parking on the north side, and expanding two hour parking on Oak Street west of Fifth Avenue. He said this expands the downtown limited parking zone and the areas expanded as two hour parking are also proposed as permit parking. He said that signs would be installed for the two hour or permit parking with the current hours enforced. He explained that Arthur Goldblum who is located on Church Street, has requested not to have permit parking on his side (south side) of Church Street and that staff recommends only two hour parking on his side of the street, but permit parking on the other side of the street. He stated the reasons for this decision is that the city parking lot currently issues permit parking for 100% of the spaces and is seldom filled and felt that the impact of the permit parking in the expanded areas will be utilized only for one-third of the parking spaces. He was advised that city council and the DSBA could revisit this matter.
P-5 PUBLIC WORKS COMMITTEE – PROPOSED ORDINANCE ESTABLISHING COUNCIL COMMITTEES
Councilwoman Newton requested to withdraw this matter from the agenda because the Administrative Committee unanimously rejected the proposed ordinance.
Q. RESOLUTION NO. 07-30 – DOWNTOWN LIMITED PARKING MAP
Councilman Lockwood moved that the proposed resolution, “Downtown Limited Parking Map” be approved. Councilwoman Lamson seconded the motion. City Attorney/Planner Will Herrington assured Councilman Spickelmire that the portion of Second Avenue that was vacated this evening would be eliminated from the map. Councilwoman Newton referred to Sandpoint City Code 6-2-3 regarding the downtown core for non-metered zones. She said that the resolution adopted on October 18, 2000 requires a description of all streets regulated and recommended that the proposed resolution include a description of the streets. Kathleen Hyde, Manager of the Downtown Sandpoint Business Association, confirmed that the DSBA approves of the change on the southside of Church Street.
Councilwoman Newton raised concern with regulating parking on the north side of Church and west of Fifth Avenue because there is only one parking space because there are no curbs. She noted that Pierre Bordenave, Executive Director of the DSBA, advised that there are six spaces instead of four at the hospital for emergency room parking between the egress and ingress driveways. Councilman Boge questioned whether all permit parking spaces could be purchased by one entity with City Treasurer Shannon Syth responding they could but would be tied to the license plates with the new parking system. Police Chief Mark Lockwood noted that with the new parking system electronic monitoring equipment, new permits will be assigned to a vehicle and would be difficult for businesses to buy all the permit parking spaces. He said the business would have to provide all registrations, which would be time consuming. He said that he is currently having problems with the supplier for the new parking system with severe problems with the cost for Spillman. He said the process is taking longer than expected with problems synchronizing software programs. Councilwoman Newton commented that the resolution should be rewritten to conform to code. Will Herrington stated that he would review the resolution against the code and bring back remedies to any inconsistencies between the resolution and code. He said that adoption of the map would allow the public works department to order signs and put the proposal into effect. The motion passed by a unanimous vote of council.
R. ADMINISTRATIVE COMMITTEE – EDGEWATER LEASE
Councilman Spicklemire gave kudos to the Parks and Recreation Director, the City Attorney, and the Cox family for their efforts in reaching an agreement. Councilman Spickelmire moved that city council approve the proposed Edgewater Lease. Councilwoman Elliott seconded the motion.
Councilwoman Newton stated that she was concerned with the city’s history between the Cox family, their company and the city of Sandpoint, that past negotiations have not benefited the City. She questioned how Sand-Ida would benefit from the proposed lease and asked the rest of the city council how they felt Sand-Ida might benefit. She felt that the City wouldn’t be locked into the lease, that changes would be allowed by future city councils. Councilman Spickelmire commented he was concerned that this matter could go toward litigation. Councilman Boge stated that the Edgewater wants to protect their view and would allow each entity to co-exist. Councilman Lockwood raised the issue regarding a 50-year term.
Parks and Recreation Director Kim Woodruff noted that the property is under the land and water conservation fund designation. He explained that the property would stay in public access forever and would be protected by the National Park Service. He noted that the City is currently under negotiations, with acceptance of the National Park Service, because the City needs to remove a section of the property where the pool and deck are located. He stated there has been collaboration with the Cox family and their attorney to come up with a compromise to allow installation of an eight-foot wide path between the Edgewater and beach and the leased property boundaries have shrunk in size from the low water to the grass on the beach. He asked that consideration be given. The motion passed by a majority vote of council with Councilwoman Newton dissenting.
S. RESOLUTION NO. 07-26 – EDGEWATER LEASE
Councilman Spickelmire moved that the proposed resolution, “Edgewater Lease” be approved. Councilwoman Lamson seconded. The motion passed by a majority roll call vote of council with Councilwoman Newton dissenting.
T. ORDINANCE NO. 1172 – MORATORIUM ON ALLOWING DOG KENNELS IN RESIDENTIAL ZONES
Councilman Spickelmire moved that the proposed ordinance titled “An ordinance of the City of Sandpoint, a municipal corporation of the State of Idaho, providing for a moratorium on allowing dog kennels in residential zones of the City; providing that all remaining provisions of the Sandpoint City Code shall remain in full force and effect; providing an effective date” pass its first reading by title only and, if applicable, the summary be approved. Councilwoman Elliott seconded the motion.
A roll call vote of the council resulted as follows:
Councilman Boge Yes
Councilwoman Elliott Yes
Councilman Spickelmire Yes
Councilwoman Lamson Yes
Councilman Lockwood Yes
Councilwoman Newton Yes
The motion passed by a unanimous vote of council and the proposed ordinance passed its first reading by title only and, if applicable, summary was approved.
Councilwoman Elliott moved that the rules be suspended and that the ordinance pass its second and third readings under the suspension of the rules and, if applicable, summary be approved. Councilman Spickelmire seconded the motion.
A roll call vote of the council resulted as follows:
Councilman Boge Yes
Councilwoman Elliott Yes
Councilman Spickelmire Yes
Councilwoman Lamson Yes
Councilman Lockwood Yes
Councilwoman Newton Yes
The motion passed by a unanimous vote of council and the proposed ordinance passed its second and third readings under suspension of the rules. The ordinance was considered read, passed and adopted. The ordinance is Number 1172.
ADJOURNMENT The meeting adjourned at 8:50 p.m.
Raymond P. Miller, Mayor
ATTEST:
Maree Peck, City Clerk
