OPENING Mayor Hellar called the regular meeting of the city council to order at 5:30 p.m. on Wednesday, June 18, 2008 in the council chambers at City Hall, 1123 Lake.
ROLL CALL Council members Boge, Newton, Lockwood, Hawkins, Snedden, and Logan were present.
INVOCATION Steve Nickodemus, Christ Our Redeemer Lutheran Church, gave the invocation.
PLEDGE OF ALLEGIANCE Mayor Hellar led the council and the public in the pledge of allegiance to the flag.
ANNOUNCEMENTS
Mayor Hellar read a press release that stated the City of Sandpoint would refrain from using the lake as a source for drinking water during the Eurasian milfoil treatment until test results show that the Lake Pend Oreille source is safe for human consumption. The city beach will remain open without restrictions on swimming or other water activity. Irrigation from the lake will not occur until herbicide levels are not detected by independent tests, and that the Washington State Department of Health has reviewed independent studies and agrees that skin contact with treated water at the dilute treatment concentration is unlikely to result in any adverse health effect in people.
Mayor Hellar presented certificates of merit to Detective Lieutenant Corey Coon, Officer Christopher Giese, and Detective Corporal Christian Higbee for their coordinated effort, skillful interrogation and investigation in the successful prosecution of those responsible for the homicide that occurred on Great Northern Road of August 2005. Detective Corporal Kit Sanger was presented a certificate of merit for his investigation resulting in the successful prosecution of those responsible of the distribution of illegal drugs in the Sandpoint community. Officer Darren Osborn was provided a certificate of merit for saving an elderly woman’s life and Sergeant David Giffin was presented a certificate of merit for his immediate response and skillful arrest techniques resulting in the successful arrest of a suspect who robbed the Downtown Crossing at gunpoint in November, 2007.
Police Chief Mark Lockwood announced these officers were also awarded commendations and medals for their action during their duty. He congratulated the officers for a job well done. The officers received a standing ovation.
PUBLIC FORUM
Karla Petermann expressed her support of the mayor’s announced appointment of John Reuter to replace Councilman Lockwood. She also supported city council scheduling workshops for review of the proposed comprehensive plan and urged the council to take their time in reviewing the plan before adoption.
Heather Sebring, representing Sandpoint Mothers for Safe Water, stated the organization has approximately 100 members and expects the number of members to be approximately 400 by the end of July. She expressed concerns with Sandpoint’s water because of the treatment of Eurasian milfoil. She asked the city to help their organization to become more informed by testing the water before and after the application as well as the entire year to make sure the water is safe for children to swim in. She encouraged the city to appoint one of the city council members to become a member of the Bonner County Invasive Species Task Force. She urged city council to use their city leadership and guidance to what her organization considers the most important issue impacting the city’s future. She appreciated the response she received from those council members who responded to her letter and thanked the council for their consideration.
Steve Holt, President of the Panhandle Environmental League, who recently stepped down from the Invasive Species Task Force, asked the city council to consider an appointment to the Task Force.
Bob Camp thanked Councilman Lockwood for his time and dedication for his time served on the city council. He felt that the mayor’s announced appointment of John Reuter was a good nomination and that he would make a good addition to the city council.
Councilwoman Logan said she would be interested in serving on the Invasive Species Task Force but could not make a long-term commitment. There was a consensus of the city council to approve her appointment.
CONSENT CALENDAR
Councilwoman Newton noted two corrections to the Impact Fee Advisory Commission minutes before city council approved the minutes.
Councilwoman Newton requested that Items A-9 Parks and Recreation Commission minutes of April 28, 2008 and C Urban Renewal Board Appointments be removed from consent.
Councilman Hawkins moved that items A-1 through A-8, A-10 through B, and D-1 through F-6 be approved. Councilwoman Logan seconded the motion. The motion passed unanimously by a roll call vote of council.
A. MINUTES
A-1 City Council regular minutes of May 21, 2008, and special city council workshops of June 5, 2008 and Comprehensive Plan Workshop of June 5, 2008;
A-2 Planning Commission minutes of May 13, 2008 and May 20, 2008;
A-3 Arts Commission minutes of May 15, 2008;
A-4 Bicycle Advisory Committee minutes of May 12, 2008 and May 19, 2008;
A-5 Community Forestry/Pedestrian Advisory Subcommittee minutes of January 24, 2008;
A-6 Historic Preservation Commission minutes of January 16, 2008 and April 16, 2008;
A-7 Impact Fee Advisory Committee minutes of May 20, 2008;
A-8 Parking Committee minutes of May 5, 2008;
A-9 Parks and Recreation Commission minutes of April 28, 2008 – removed from consent
A-10 Pedestrian Advisory Committee minutes of April 15, 2008;
A-11 Urban Renewal Board minutes of May 6, 2008.
B Bills for the month of May 2008 in the amount of $1,349,737.63, $968,076.99 which is for accounts payable and $381,660.64 for payroll and benefits
C Urban Renewal Board Appointments-removed from consent
C-1 Reappointment of Eric Paull for a 4 year term expiring June 15, 2012 – removed from consent
C-2 Reappointment of Nancy Hadley for 1 year term expiring June 15, 2009 – removed from consent
D PUBLIC WORKS COMMITTEE JUNE 4, 2008 MINUTES
D-1 Traffic Impact Analysis Contract with DEA – The mayor will have discussion with Cities of Kootenai, Dover and Ponderay on the concurrency analysis importance.
D-2 Vacation Request of Baldy Park road between Lot 2 and Lot 1 of Baldy Park – schedule a public hearing in July 2008 for the vacation request from Bob Aavedel for 60 foot right of way between Lot 2 and Lot 1 of Baldy Park
D-3 Streetscape Deferment for Great Northern Road – approval to grant deferral for curb and sidewalk to Mr. Fogarty for Great Northern Road Block 4 West Sandpoint Section 16, Township 57 North, Range 2 West, for 3 years starting with city council’s approval of June 28, 2008 subject to renewal request if Great Northern Road improvements are delayed.
D-4 Bonner County Fee Waivers for Third Floor Federal Building Improvements – approval of waivers for building permit C080512768 for $5,608.75; plan review fee $3,645.68; storm water permit fee $325; grading permit $300, for a total of $9,879.43 to Bonner County for 1500 Hwy 2.
E ADMINISTRATIVE COMMITTEE JUNE 11, 2008 MINUTES
E-1 Request from Sun Bear Ice Cream, Etc. to operate a commercial activity in City of Sandpoint Park- approval of license to operate after July 18, 2008, not be allowed to have amplified music in the parks, operate her business in the parks only when city park concession stands are closed, and to follow recommendations from the Parks and Recreation Director and Police Chief.
E-2 Great Northern Park Project Bid - Super Grade, Inc. $94,759.73 (donation of $10,000) with net bid of $84,759.73; Hester Excavating $77,350 (donation of $10,000) with net bid of $67,350; J. Foote Excavating, Inc. $74,725 (donation of $10,000) with net bid of $64,725; Wood’s Crushing and Hauling $60,367 (no donation) with net bid of $60,367.50, and Mike Sackett, Inc. $47,760.03 (donation of $4,328.03) with net bid of $43,432. Award bid to Mike Sackett, Inc and approval for negotiations with Mike Sackett, Inc. to permit for additional topsoil acquisition.
E-3 Bonner County Jail Request for Fee Waiver – approval of fee waiver for Bonner County in the amount of $2,400 for the short plat associated with the development of the National Guard armory at the Bonner County Jail property.
F RESOLUTIONS
F-1 Resolution No. 08-35 Traffic Impact Analysis Contract with David Evans & Associates
F-2 Resolution No. 08-36 Safe Routes to School Contract for West Side of Madison
F-3 Resolution No. 08-37 Great Northern Park Project Bid and Contract
F-4 Resolution No. 08-38 Economic Development Corporation of Sandpoint and City of Sandpoint Leases
F-5 Resolution No. 08-39 Mutual Aid Agreement with the City of Coeur d’Alene Fire Department
F-6 Resolution No. 08-40 Department Head Work Policy Amendment
A-9 PARKS AND RECREATION COMMISSION MINUTES OF APRIL 28, 2008
Councilwoman Newton moved to approve the April 28, 2008 minutes of the Parks and Recreation Commission by amendment by removing “City Council approved $30,000 to pursue a Parks Master Plan” and replacing it with “Director Woodruff informed commission members that he would be working closely with Planning Director Jeremy Grimm for advice and guidance regarding a parks and recreation master plan. He reminded the Commission that last year the city council included $30,000 in the 2007-08 budget for a parks and master plan.” Councilman Lockwood seconded the motion. The motion to approve the minutes as amended passed unanimously by city council.
C. URBAN RENEWAL BOARD APPOINTMENTS
Councilwoman Newton suggested that the appointments be approved independently. She noted that four of the five board members are not city residents and requested the mayor find new people for appointments.
Councilman Hawkins moved to confirm the reappointment of Eric Paull for a four
year term expiring June 15, 2012. Councilman Snedden seconded the motion.
Councilwoman Logan commented that Idaho Code allows appointments regardless of city residency but felt the majority of board members should be citizens of Sandpoint. Councilman Lockwood noted he has attended board meetings for several years and raised concern the board was moving slowly forward because they haven’t received many funds. He suggested that the city council and the urban renewal board engage in a discussion of priorities. He stated he attended a session at the City of Dover with the City of Post Falls attending. He said the recommendations from Post Falls were to have a short-term urban renewal projects, have it geographically focused, and that the developers pay for the development rather than the public. He felt it necessary to re-examine urban renewal and favored not looking at reappointments this evening. He also felt it necessary to take a fresh look at board members and that the majority should reside within the city limits.
City Attorney Will Herrington commented that the funds received by the Urban Renewal Agency is not just for city tax dollars, but that it’s tax dollars for all the entities. He felt that it would be more important to have people who would be thinking of the impact on the urban renewal for all taxing entities and should consider those who reside outside the city. Mayor Hellar noted that both Eric Paull and Mark Williams did request to have a meeting with city council to discuss council priorities. She noted that Eric Paull has experience working with urban renewal in Southern Idaho and Nancy Hadley is the treasurer. Councilwoman Newton pointed out that city residents also pay taxes into all of the other taxing entities. Councilman Snedden felt it was a great opportunity to reexamine urban renewal and felt it important to have more time. Councilman Hawkins withdrew his motion. Mayor Hellar suggested setting up a meeting between city council and the Urban Renewal Board in the next couple of weeks to review and examine the board’s progress.
OLD BUSINESS
G. PEDESTRIAN ADVISORY COMMITTEE FUTURE SIDEWALK RECOMMENDATION
Councilman Lockwood moved to approve the Pedestrian Advisory Committee future sidewalk recommendations from January 29, 2008 with changes and to remove language “in order of importance” from criteria title, and to remove “street overlay work”. Councilman Hawkins seconded the motion.
Councilwoman Logan noted that she was the dissenting vote at the Public Works Committee meeting because the issue is funding and suggested to include how sidewalks could be funded. Councilman Lockwood explained this is a priority list which can be useful in getting grant funding. He noted that it’s a priority list, not a timetable. Councilman Boge concurred and noted if there was a particular area on the list where funding can be available, the area could be moved to the top of the priority list. Councilwoman Logan noted there would be a discussion on funding at the July Public Works Committee meeting. Councilwoman Newton commented that the list is not a commitment, that it is only a guide when looking at sidewalks in the future. The motion passed by a majority vote of council with Councilwoman Logan dissenting.
H. SIDEWALK REPLACEMENT
Councilwoman Newton reviewed proposed changes to the draft form and sidewalk claim form and distributed them to the city council. She felt it necessary that property owners demonstrate proof that they paid for their sidewalks and that her proposed sidewalk claims procedure form would help the general public in the process and meeting requirements. She noted that Idaho Code Title 6 Chapter 907 requires that claims be filed within 180 days from the date the claim arose. She raised concern that claims won’t meet this time frame. She asked the city attorney why the city would provide the public this process if the claims would be denied. She suggested it would be an exercise in futility on their part. Council members Logan and Hawkins stated they were not aware of this timeline as required by Idaho Code. City Attorney Will Herrington viewed these claims as invalid. He said if the city council decided to pay these claims that outside counsel would have to review the element and decide whether city council can extend the timeframe. Councilwoman Logan suggested using the start date when city council made the decision to reimburse the costs to the property owners who paid to install their sidewalks. Councilman Hawkins commented that it wouldn’t matter based on the final determination from outside counsel. Councilman Snedden advised that the decision of when the damage occurred is not up to city council, but needs to be defined. Mr. Herrington advised that the outside counsel opinion would apply to each claim or subsequent claim that was filed within the time period set. Councilman Boge suggested adding language on the claims procedure form to provide a city contact phone number for the public to call with any questions. Will Herrington suggested that the city clerk’s office would be the contact number if there were any questions.
Councilwoman Newton moved to approve the proposed draft claims procedure form and notice of sidewalk claim form that explains the process when filing a claim with amendments as well as adding the city clerk as a contact number on the form. Councilwoman Logan seconded the motion. Councilman Lockwood commented that the forms are contrary to the advise of the city attorney and it would be a disadvantage for all but 40 property owners within the city. The motion passed by a majority vote of council with Council members Lockwood and Snedden dissenting.
NEW BUSINESS
I-1. RESIGNATION OF COUNCILMAN LOCKWOOD
Councilman Lockwood announced that although he originally intended to serve his four-year term, he was unable to complete his term. He stated that he was resigning effective immediately. Councilwoman Newton moved that the council accept the resignation of Councilman Lockwood with regret. Councilwoman Logan seconded the motion. The motion passed by a unanimous vote of the council.
1-2. APPOINTMENT OF COUNCIL MEMBER
Councilwoman Logan moved to approve the mayor’s appointment of John Reuter to the city council. Councilman Hawkins seconded the motion.
Councilwoman Newton asked Mr. Reuter several questions regarding his position on a number of city issues including annexation, extending city services beyond city limits, sidewalks, elected official salaries, business improvement district boundaries, in-lieu fees, input from citizens residing outside city limits, impact fees, and the proposed urban area transportation plan.
John Reuter responded that he would review the level of density when considering annexations based on the requests from the homeowner and would consider whether there was a gain in tax revenue rather than a decrease. He said he would also consider the cost to the taxpayers and would only approve annexation if it were in the current interest of the city residents. He responded to Councilman Boge that he would have to consider annexations case by case. He said a situation could arise where he would be in favor of annexation but opposed to extending the city limits. In response to a question from Councilman Hawkins, he said his interests in serving the city are the policy decisions and to simplify in order to have more engagement with the public.
He felt the City of Sandpoint should respond with mutual aid outside the city limits but that other entities should pull their own weight particularly when responding to incidents on the lake. He said he would consider whether it would cost more for those water users currently in the water boundaries or not when expanding water boundaries. He felt the city was too focused on affordable housing and should have focused on the cost to the current water users. He responded to Councilman Boge that he would have asked the question whether it would impact current water users if water boundaries were extended. He felt the byway construction should have minimal impact on Sandpoint’s downtown and that the city should try mutually working with the Idaho Transportation Department to make sure this occurs. He said he would be inclined to not add additional lanes through downtown, as more lanes will encourage more sprawl.
He responded to Councilman Hawkins that his top three priorities were to deregulate downtown in order to provide better parking, omitting impact fees to certain development and to see that the business improvement district fees were assessed fairly. He suggested reviewing urban renewal. He said his next priority would be to adopt the proposed comprehensive plan that would protect neighborhoods and the town’s heritage. He said his third priority was to understand the budget.
He said he agreed with Council members Lockwood and Snedden to reject the proposal of the sidewalk claims. He commented that the majority of the people didn’t act upon the city’s letter. He felt uncomfortable refunding because it is in opposition of legal counsel advice. He said it would have been reasonable to fund the LID with a 50/50 split and suggested that the city look at other financial options.
He responded to Councilman Boge that he is a business owner, which demonstrates the ability to carry through with projects. He said that he’s the current Vice President of the Panida board in which a vision and grant program was completed and as the President of the Downtown Sandpoint Business Association, he succeeded in moving funds from marketing to physical improvements.
He stated that he was not in favor of the elected officials raising their own salaries. He felt the mayor’s salary should be raised in order to give an incentive for more candidates to run for mayor. He said a modest increase to council salaries would be reasonable but was a low priority. He said the Downtown Sandpoint Business Association committee will re-examine the process for the business improvement district boundaries but he won’t interfere with that process. He stated that in-lieu fees should be removed as it discourages development particularly mixed use development. He said more residents should be downtown and if development took place, there would be market demand parking. He questioned why the city is creating rules that discourage business activity downtown. He responded that the weight on the impact of city’s decisions should fall primary on the city residents, then onto city residents who are elected officials, then to business owners, and last to those who reside within the water district. He said he values all opinions but values them more from city residents. He felt impact fees could be waived particularly those buildings on the edge of city limits. He stated that park impact fees should be applied only to those dwellings that create the use. He said the urban area transportation plan has disadvantages for the City of Sandpoint, as it doesn’t provide enough credence to those who reside inside the city limits.
He responded to Councilman Boge that his goal for the budget is to hold it. He raised concern with the current budget that the staff salary was increased to 6% and asked how it would be feasible to provide the same level of service if salaries were increased. He said his highest budget priority was to keep the costs under control.
Councilwoman Newton commented that on September 5, 2007, former Mayor Raymond Miller recommended the appointment of Ivan Rimar but that the appointment failed. She stated then that she felt there should be more collaborative approach of interviewing applicants for the position, then vote on the mayor’s appointment. She acknowledged the mayor’s obligation to make an appointment but raised concern about the lack of city council involvement. She said she believed that Mayor Hellar agreed at that time with her statements about the need for more council involvement. Councilman Boge followed Councilwoman Newton’s concerns and felt the mayor’s process caused undue stress upon city council. Mayor Hellar commented that Mr. Reuter was the best person for the position. Councilman Hawkins felt John Reuter was the most qualified candidate as he has been attending the majority of the comprehensive plan city council workshops. He commented that he looked forward to working with Mr. Reuter.
Councilmembers Boge, Hawkins, Snedden and Logan supported the motion. Councilwoman Newton did not vote.
City Clerk Maree Peck administered the oath of office to John Reuter. He signed his oath and received a certificate of appointment. Mr. Reuter took his seat and will serve until the next general election in November 2009. (IC-704).
Councilman Reuter commended and thanked Councilman Lockwood for his work on the city council. Mr. Lockwood received a standing ovation.
J. ALLEY MAINTENANCE
Mayor Hellar stated City Code requires that property owners be responsible for improvements to alleys. She said in her view the city needs to spend what funds it has for this kind of work on street improvements and she favored complying with city code. She instructed city council that the property owners should be asked if they would participate in paying for all or part of the costs of the alleys considered for improvement before committing city funds. She felt it would also be worthwhile to ask the Independent Highway District if they would consider participating in improving these alleys.
Councilwoman Logan moved to approve that the alley running east and west between Cedar Street and Main Street and between Second Avenue and Third Avenue, designated first priority by the public works director be repaired and brought up to standards; and that the alley between Pine Street and Church Street and Second and Third Avenue; the alley between Pine Street and Church Street and Third and Fourth Avenue; and the alley between Pine Street and Church Street and Fourth and Fifth Avenue; and then the remaining alleys be repaired in an annual sequence as determined in priority by the Public Works Director for scheduling. Councilman Reuter seconded the motion.
Councilwoman Logan stated she was interested in approaching the Independent Highway District with annual attention to resolving the alley issues and to make sure downtown alleys are in good condition. Councilwoman Newton noted that the alley between Cedar and Main, and Second and Third Avenue is used like a street and appreciated the work by the Public Works Director and the Public Works Committee prioritizing the list for the alleys that need to be improved downtown. Councilwoman Logan explained that one alley would be repaired per year. Public Works Director Kody Van Dyk stated the cost to repair the first alley would be $19,648 and would be funded from the street overlay funds. Councilwoman Logan explained that the alleys would be repaired in the order as prioritized. She said the Public Works Director would determine the order in which the alleys are repaired based on their condition. Kody Van Dyk stated the downtown revitalization project dollars will not be utilized this year and suggested repairing the first alley with funds from downtown revitalization funds instead of the street overlay funds.
Councilwoman Logan moved to amend that downtown revitalization funds pay for the repair of the first alley for this year. Councilman Reuter seconded the motion. The motion to amend passed unanimously by council.
The motion to approve the repair of alleys passed unanimously by council.
K. HISTORICAL STRUCTURES IMPACT FEES
Councilwoman Newton moved to approve all the amendments the Administrative Committee made to the recommendations from the Impact Fee Advisory Committee relating to impact fees. Councilman Hawkins seconded the motion. The motion passed unanimously by council.
Councilman Hawkins moved to approve the amendment from the Administrative Committee that National Registrar of Historic Places be required to meet only 50% of existing parking requirements outlined in City Code. Councilwoman Logan seconded the motion.
Councilman Reuter felt the in-lieu fees should be eliminated for downtown and requested that city staff draft an ordinance for the next Administrative Committee meeting for review. Councilwoman Newton explained this recommendation applies to only those buildings on the historical register and which includes fewer than 24 buildings. Councilman Hawkins pointed out the parking requirements and in-lieu fees were discussed by the Administrative Committee but felt it necessary to focus on historical buildings for now. Councilwoman Newton stated the Administrative Committee hoped this would provide an incentive for renovation of historical buildings, instead of destroying them. City Attorney Will Herrington pointed out that in lieu fees are voluntary, that it was the parking requirements that triggered the Administrative Committee’s concern.
Councilman Reuter moved to amend the motion to say that National Registrar of Historic Places will not be required to meet existing parking requirements outlined in City Code. Councilwoman Logan seconded the motion. Councilman Reuter commented this would provide an incentive to preserve historical buildings. Police Chief Mark Lockwood told city council that they need to keep in mind what historical buildings are utilized for and that different types of businesses could have an impact on services provided. Planning Director Jeremy Grimm noted the current policy encourages businesses to purchase other land to meet parking requirements and could mean tearing down or evicting existing businesses which is already evident in the downtown. He supported the concept of reducing parking requirements downtown.
Councilwoman Newton stated she was not in favor of eliminating parking requirements. Jeremy Grimm explained the buildings that qualify as historical buildings are because of age and significance of the structure. He noted 23 buildings could be eligible. He said parking requirements are triggered when there’s an expansion or change of use and could be provided credit for their existing use. Councilman Reuter felt that by eliminating parking requirements it would encourage development of historical buildings and would provide incentives not to tear them down for parking. Councilman Hawkins said he favored reducing parking requirements but not eliminating them. He felt it best to address parking requirements with historical buildings in the future. Jeremy Grimm explained that if the building has an office, retail, or a restaurant, it requires one parking space per three seats and could be based on the square footage or the number of seats. It said it would be hard to determine what the exact analysis would be based on the impacts. Councilwoman Logan felt the additional number of spaces created by meeting the parking code was not significant enough.
Councilwoman Newton pointed out the building where Vanderford’s and the Masonic Lodge are located is an historical building. She said that if the building changed into a restaurant or theatre, the parking impact would be enormous. She felt the requirement to meet only 50% of the existing parking requirements were generous. Will Herrington stated city staff would bring back a proposed ordinance for council’s review. Councilwoman Logan supported going with the elimination of the parking requirement and asked that city staff provide information to city council of what the net impact would be.
The motion to amend that National Registrar of Historic Places will not be required to meet existing parking requirements outlined in City Code passed by a majority vote of council with Councilwoman Newton dissenting.
L. ORDINANCE AND SUMMARY NO. 1190 – URBAN FOREST
Councilwoman Newton moved that the proposed ordinance titled “An ordinance of the City of Sandpoint, a municipal corporation of the State of Idaho, creating Sandpoint city code Title 7, Chapter 15; stating the purpose and mission of the urban forestry program; providing definitions of terms; providing a statement of applicability; providing for the creation a tree committee; recognizing the city’s arboriculture manual; describing the responsibilities of the city and the property owner/controller in caring for trees within the urban forest; establishing a license procedure for commercial work on trees within the public right of way; providing for protection of public trees during construction; defining “public nuisance” trees; providing appeals procedures of the city forester’s decisions; establishing penalties for violations; providing for the establishment of a heritage tree program; repealing prior inconsistent provisions; providing that these provisions shall be deemed severable and that remaining sections of Sandpoint municipal code shall not be affected by a finding that these provisions are unlawful or unenforceable; and providing for publication and an effective date” pass its first reading by title only and, if applicable, the summary be approved. Councilman Hawkins seconded the motion.
Councilwoman Newton pointed out that the ordinance was moved from Title 8 to 7 and said that the Administrative Committee approved all the recommendations of the tree committee with only one minor exception.
Councilwoman Logan moved to amend to include the definition “Tree Preservation Plan is a site plan that shows existing trees on a site; proposed grading and development on the site; measures that will be taken to protect existing trees; and, any new trees that will be planted on the side. The Tree Preservation Plan shall be certified by a state registered land surveyor, landscape architect, ISA Certified Arborist or forester” and to also include “Preservation of Private trees. Any application for a building permit, grading permit, fill permit, a lot split, a plat approval or any development requiring site plan review for a new home or for commercial construction that requires the removal of one (1) or more trees of twelve (12) inches DBH or larger within any period of five years, a grading permit, a fill permit, a lot split, a building permit, a plat approval or any development requiring site plan review shall include a Tree Preservation Plan, drawn to scale, for that area within the limits of disturbance. The Plan shall be included in the application and be subject for review and approval by the city planner and city forester. This plan is described in the current edition of the Arboriculture Manual. Failure to submit a Tree Preservation Plan and have approval of such Plan shall be cause to deny issuance of any applicable city permit and to require remedial action in accordance with the Ordinance.” Councilman Reuter seconded the motion for discussion.
Councilwoman Logan explained that this would also apply to private property. She noted that the city regulates private property all the time particularly with building permits and felt private property trees are significant to the city because the canopy is low. Councilman Reuter questioned whether it could be emphasized to allow private property owners to self identify a tree as an historical tree. Councilman Hawkins felt uncomfortable imposing these requirements on private property owners but suggested that people, who own the trees, voluntarily require preservation of the tree when their property is up for sale.
Councilwoman Newton stated she has been the council liaison on the tree committee for the past 2 ½ years and the tree committee has spent this entire time working on the proposed ordinance. She said the proposed ordinance also reflects working with city staff, volunteers, legal counsel, Planning Director, and the Parks and Recreation Director. She pointed out there were private property rights issues as well as additional consideration of additional time for staff and the cost for property owners. She felt the motion should be defeated knowing the staff and tree committee will continue working on a heritage tree program to save the trees. Councilwoman Logan stated the amendment was more of a statement. She said she supported the ordinance. Councilman Reuter withdrew his second.
Councilman Snedden raised concern on Section 7-15-12 as the penalties of pruning makes the act a misdemeanor. He didn’t feel the violation fit the penalty and noted there is another remedy to deter violators by replacing the value of the tree. He said the city has the ability to fine for the replacement value of the trees. He had concern that under the code, there would be a penalty of six months in jail for pruning. He felt it better to err on the side of a monetary penalty. City Attorney Will Herrington felt it best to keep it as a misdemeanor because with this penalty, you can’t get a court ordered restitution nor fine the person. He said if it were an infraction, the court wouldn’t order payment as part of the penalty. He explained the code allows a maximum penalty and would allow the penalty to be less than what the code requires. He said the code was changed that increased the penalty from $300 to $1,000. Will Herrington said his preference is to leave the violation as a misdemeanor so the judge can order restitution. He pointed out you can’t enforce restitution if someone is found guilty of an infraction.
Councilwoman Newton moved to amend the proposed ordinance to remove “imprisonment in a county jail not exceeding six months, or by both” from 7-15-12. Councilman Hawkins seconded the motion.
A roll call vote of the council resulted as follows:
Councilman Boge Yes
Councilwoman Newton Yes
Councilman Hawkins Yes
Councilman Snedden Yes
Councilwoman Logan Yes
Councilman Reuter Yes
The motion passed by a unanimous vote of the council and the proposed ordinance as amended passed its first reading by title only and, if applicable, summary was approved.
Councilwoman Newton moved that the rules requiring three separate readings, once in the ordinances' entirety be suspended and that the ordinance pass its second and third reading under the suspension of the rules. Councilman Hawkins seconded the motion. A roll call vote of the council resulted as follows:
Councilman Boge Yes
Councilwoman Newton Yes
Councilman Hawkins Yes
Councilman Snedden Yes
Councilwoman Logan Yes
Councilman Reuter Yes
The motion passed by a unanimous vote of council and the rules requiring three separate readings, once in the ordinances’ entirety be suspended and the proposed ordinance passed its second and third reading under suspension of the rules as amended. The ordinance was considered read, passed and adopted and the summary was approved. The ordinance is Number 1190.
M. ORDINANCE AND SUMMARY NO. 1191 – TAXI CAB AMENDMENT
Councilman Hawkins moved that the proposed ordinance titled “An ordinance of the City of Sandpoint, a municipal corporation of the State of Idaho, providing for the repeal of Sandpoint city code Section 6-4-7 and the enactment of a new section to replace it; providing for the revocation of taxicab owners’ and operators’ licenses by the Chief of Police; providing an appeal procedure in regard to such revocations; providing for severability; providing that this ordinance be effective upon its passage, approval and publication according to law” pass its first reading by title only and, if applicable, the summary be approved. Councilman Reuter seconded the motion.
A roll call vote of the council resulted as follows:
Councilman Boge Yes
Councilwoman Newton Yes
Councilman Hawkins Yes
Councilman Snedden Yes
Councilwoman Logan Yes
Councilman Reuter Yes
The motion passed by a unanimous vote of the council and the proposed ordinance passed its first reading by title only and, if applicable, summary was approved.
Councilman Hawkins moved that the rules requiring three separate readings, once in the ordinances' entirety be suspended and that the ordinance pass its second and third reading under the suspension of the rules. Councilman Reuter seconded the motion. A roll call vote of the council resulted as follows:
Councilman Boge Yes
Councilwoman Newton Yes
Councilman Hawkins Yes
Councilman Snedden Yes
Councilwoman Logan Yes
Councilman Reuter Yes
The motion passed by a unanimous vote of council present and the rules requiring three separate readings, once in the ordinances’ entirety be suspended and the proposed ordinance passed its second and third reading under suspension of the rules. The ordinance was considered read, passed and adopted and the summary was
approved. The ordinance is Number 1191.
N. PROPOSED RESOLUTION – GEOGRAPHIC INFORMATION SYSTEM SERVICES CONTRACT
Mayor Hellar announced that the purpose of the proposed contract is to convert individual subdivisions and lots within the City to the GIS base data layer. She stated that city staff was not able to put this item on a committee agenda because of the short notice on the grant award and the need to spend the grant funds this fiscal year.
Planning Director Jeremy Grimm stated these services would be funded from the professional services GIS budget with the grant to help facilitate the development of the base parcel and lot data layer for the computer system. He explained the funds from the growth management grant come from the Department of Commerce, which was secured 1 ½ years ago. He said the Department of Commerce has been flexible with the city as to how it’s applied. He said it was budgeted for this year, as an undefined item with the need to match a $25,000 grant and to determine what project it would be applied to.
Councilwoman Newton stated that she couldn’t vote on a contract that she hasn’t reviewed. Jeremy Grimm explained that Bonner County is currently working on their system and hopes to work with the city, as there are more parcels involved within the city. He explained the system would interface with the county. He stated the urgency of approving the contract is because the city has budgeted for this service with the intent to start developing the base layer. He said the growth management Grant was secured for the affordable housing study but was not utilized. He said the Department of Commerce allowed extension and will not close the grant. He explained the GIS system is a tool that can be utilized for the analysis inventory for the comprehensive plan. He said there’s a need to utilize the $12,000 for professional services for the GIS with the grant to include the most parcels as possible under the contract. He said there was a concern to complete the project by October 1st, as the budget needs to be expended by then. He said there was a need to pay for the contract this fiscal year.
Councilwoman Newton noted that this has been a budgeted item for nine months and objected to it being added to the agenda as an emergency matter. She said it is not an emergency. She suggested putting this item on the agenda for the next available special city council meeting. Councilman Reuter concurred. Jeremy Grimm stated the city attorney would draft the document. City Attorney Will Herrington pointed out the contract is with Ruen and Yeager and Associates and that the city has contracted with them in the past. There was a consensus from city council that this item be scheduled for the next available special city council meeting.
ADJOURNMENT The meeting adjourned at 8:04 p.m.
Gretchen A. Hellar, Mayor
ATTEST:
Maree Peck, City Clerk
