PRESENT: Council members Newton, Snedden and O’Hara were present. Mayor Hellar was present.
STAFF PRESENT: City Attorney Will Herrington, Police Chief Mark Lockwood, Fire Chief Robert Tyler, Building Official Don Carter and City Clerk Maree Peck
OTHERS PRESENT: Councilwoman Logan, Aric Spence, Patty McGovern, Bernie McGovern, Dale Coffelt, Jim Hutchens, and Liz Hawn.
PEDICAB LICENSE REQUIREMENTS
Aric Spence of Tricycle Taxi requested that the fees for the cab license of $60 each, driver application fee of $50 each, and the cost of a medical examiner’s certificate be waived for pedicabs. He referred to the taxicab ordinance, No. 1215, Section 2,6-4-2 that provides that the council or its designee may, where appropriate, reduce the conditions or limits if the license applicant is only operating a pedicab or carriage; otherwise all requirements for a taxicab may apply. He did not expect that taxicab licensing and medical requirements would be imposed on pedicabs because of this provision. He felt the fees were an undue burden for the pedicab business owner. He reported his pedicab business season is limited to five months, his hours are limited and relies on community donations for revenue. He said it costs him $1,700 per year to retain his liability insurance and to pay the fees required through the city. He said he did not intend to acquire additional drivers. He pointed out the cost for the medical examiner certificate is not imposed through the city but that it costs $65 to $150 to pay the physician.
Police Chief Mark Lockwood noted that this has been the first year that he has experienced pedicabs. He said this matter was discussed by both pedicab business owners before the ordinance was adopted with recommendations made to follow conformity with all public transportation. He said he was willing to look at a different expiration date for the issuance of licenses for drivers and to look at cab inspections every two years instead of annually. He felt backgrounds checks for drivers were a necessity and that this should be required for all means of public transportation. He felt the pedicab fees could be proportionate based on their particular type of business. He hoped there would be review of the ordinance to have the flexibility of making revisions based on the type of vehicle and adjustment of the term of the license. He noted that Pend Oreille Pedicab intends to add up to two drivers next year and operate his business up until Thanksgiving. He explained the purpose of the cab license was to validate the business and to inspect the vehicles. He noted the inspection requirements were for all motorized and non-motorized vehicles are similar. He said it’s important to look at consistency for all types of vehicles. He said the purpose of the medical examiner certificate was a form for a physician to fill out demonstrating the operator is capable of operating the vehicle. He said he could look at a biannual approach for physicals for pedicab operators. City Attorney Will Herrington said there was discussion of waiving the business registration fee for those businesses that are required to obtain a license through the city. Aric Spence noted that pedicab businesses were required to obtain a business registration when he originally started his business because pedicabs were not included in city code. He said the city’s requirements for pedicabs have a financial burden on his pedicab business.
Chief Lockwood explained the reason for the annual application for the driver is so he can conduct research whether there have been any driving violations but suggested that it be done
differently based on a seasonal business. Councilman O’Hara said there was a need to change the nature of the ability to assign different values. He stated based on the limited nature of the operation, that we reduce the fees by 50% for pedicabs. Councilwoman Newton suggested reviewing this matter this winter in order to have a different fee structure ready next spring. Mr. Spence noted that he stopped his business since he received the letter from the city. He said he intended to have a food drive but will not haul passengers. Chief Lockwood was amenable to adjusting the fees and ordinance for pedicabs. Councilwoman Newton suggested that the police chief sit down with the pedicab owners to discuss adjusting the fees and bring back to the Administrative Committee for review and discussion.
INFORMATION ONLY
STEWARDSHIP OF LAKEVIEW CEMETERY
Councilwoman Logan announced the issue is a request by the Lakeview Cemetery Association for the city to assume stewardship of the cemetery. She said financial information was provided to assist in the committee’s determination and that Patty McGovern and Jim Hutchens from the board were available to answer any questions. She said she spoke with Gavin Gee of the State Department of Finance who stated that if the city should decide to assume the care of the cemetery, the city would notify the State Department of Finance and reporting responsibilities would no longer be required. He stated his department is involved with private entities because the state regulates the trust funds involved. Municipalities taking over cemeteries have usually been a positive experience including that the municipality assumes the associated trust fund. He cautioned that no liabilities be associated with the cemetery. Councilwoman Logan knew there was concern with the city assuming what could in the future become a liability for the city. She said currently, the cemetery is mowed twice a month in the platted area and the unplatted 2.75 acres is mowed three times a year with no watering in the cemetery. She said Dwayne Ward mows the platted area which takes 14 man hours and two hours to mow the unplatted area. She felt the current standards at which the cemetery is maintained were adequate and that it didn’t need to look like Memorial Field. She supported the effort because she felt it was the city’s role and responsibility in preserving the city’s public places and felt the cemetery was a public place as much as a park. She pointed out the comprehensive plan provides that Goal R-3 Open Spaces state “Incorporate environmentally sensitive areas and public open spaces into the parks and recreation system.” She referred to Policy B: “Collaborate with land trusts, cemeteries and other organizations to identify, acquire and or preserve open areas.” She felt this would be a terrific collaboration that could preserve the city’s history and support the community’s values. She noted that she responded to the City Treasurer’s questions via e-mail with assistance from Patty McGovern and Jim Hutchens.
She confirmed that if the city took over the cemetery, they wouldn’t be required to report to the State Department of Finance. Jim Hutchens said the watering in the cemetery is only used to water the plants on Memorial Day. Councilwoman Logan noted that the cemetery is not watered by a sprinkler. Patty McGovern added the reason for the increase for water was because the cemetery was recently reseeded in some areas. She said there are currently 50 unused plots. She explained the $125 entrance fee is an occasional fee used when more than one urn or when an urn and a grave are used in the same plot. She said the intent of the 2.75 unplatted acres is to be used as a cemetery only. It was clarified there were 2 acres in the field and 1.75 acres along the cemetery. Jim Hutchens noted that each board member is required to be bonded since they’re a private institution. He said city employees are already bonded with no need for the city to purchase a separate bond. Councilwoman Newton pointed out that the city pays for water. Councilwoman Newton noted that those plots used in 2006/2007 were 4 for casket and 3 for urn, FY 2007/2008, 1 for casket and 6 for urn, FY 2008/2009, 3 for casket and 4 for urns. She said the plots at Pine Crest Cemetery were increased to $500 last year. Pine Crest fees are $670 for the new area and $395 to $600 for the older section which has limited spaces remaining.
Patty McGovern felt the city was in the best position to take over the cemetery because there was an assumption dating back to 1903 that the cemetery belongs to the city. She said the cemetery belongs to an entity. She commented that it was assumed that if the cemetery is in the city, it belongs to the city. She noted that the Hope cemetery is operated and maintained by the City of Hope with the city clerk also maintaining the responsibility of cemetery clerk. She commented that the City of Hope feels the cemetery is doing well. They also have an advisory committee compiled of volunteers. Councilman Snedden asked if the Lakeview Cemetery Board discussed this matter with other funeral service providers in Sandpoint to see if they would be interested in taking over the stewardship. He raised concern that this would be an expansion of services the city would need to provide. Dale Coffelt said the Pine Crest cemetery was established in 1923 and has been operated by the Moons and himself. Patty McGovern said former Sandpoint Mayor Les Brown was the President of the Lakeview Cemetery Association which has always been operated by volunteers. Jim Hutchens noted at that time city equipment was used to plow the cemetery.
Councilwoman Newton said she spoke with the City of Coeur d’Alene Parks Director Doug Eastwood regarding their cemetery. She said the cemetery was started by Fort Sherman and when the cemetery was closed in 1898, the bodies of the soldiers were moved to the current cemetery location. The City of Coeur d’Alene took over the cemetery in 1980 with a budget of $297,000 per year with the general fund subsidizing that budget of $35,000 per year and is not self supporting. She said they have 2 full time city employees, one 8 month and one 6 month employee dedicated to the cemetery and have a Coeur d’Alene Management Handbook. She said she spoke with the City of Hope City Clerk. The Hope Cemetery was originally owned by a family but the City of Hope took it over when it was abandoned. Their city is constantly looking for donations and assistance with few spaces available with no room for expansion. Mayor Hellar referred to the Profit and Loss Statements that were provided, demonstrating that the city would breakeven. She stressed the city would have to use paid staff and there could be a situation when city tax dollars would fund for non-city residents. She said this would be a similar situation as Memorial Field as it’s not used for city functions. City Attorney Will Herrington added that the City of Sandpoint should follow the City of Coeur d’Alene and St. Maries cemeteries as a model to follow in order to have a well maintained cemetery. He said a committee would need to be formed and would require additional city employees.
Councilman Snedden felt it was important to provide this service in Bonner County and had value as park land but raised concern that the cemetery is currently operating on all donations and volunteer services and the city couldn’t operate in this same aspect. He questioned how important this service would be for the citizens of Sandpoint. Will Herrington noted that Idaho
Code provides formation of a cemetery district such as in the City of Genesee. He stressed that this was an important piece of property and would be beneficial to have a walking path along the shoreline. He said he would look into the information as to how a district could be formed. Dale Coffelt pointed out the Evergreen Cemetery District in Priest River is a taxing district. He said Boundary County tried to form a taxing district for all cemeteries two years ago but didn’t go into fruition. Councilwoman Newton requested that Mr. Herrington provide information on the formation of a taxing district. She suggested that the Parks and Recreation Department provide information on the costs that would be allocated to maintain the cemetery on a minimal level. Mayor Hellar stated that the city could assist the cemetery association on how to proceed with a taxing district.
RECOMMENDATION: That this matter be on the regular city council agenda for the September 16, 2009 meeting for further discussion with full city council.
FLOOD PLAIN ORDINANCE REVISION
Councilwoman Newton referred to the City of Inkom’s adopted ordinance as provided and that it was the minimum ordinance that the State would accept. Building Official Don Carter stated that the City of Inkom’s ordinance is the only ordinance that has been adopted in the State of Idaho. He said every city in the State of Idaho has to adopt an ordinance by November 18, 2009. Councilwoman Newton raised concern that the ordinance consists of approximately 15 pages which would be expensive to codify. She noted that Mr. Carter has tried to correspond with the State but that no one was available in the office to assist in this matter. City Attorney Will Herrington advised that it would not be necessary to codify the ordinance but that there wouldn’t be as much as enforcement ability for citations. Councilwoman Newton noted that Mr. Carter has only utilized the current flood plain ordinance three times. She said there are very few small lots within the flood plain that can be built upon. Don Carter reported that the State has provided digital maps for the entire Bonner County and recalculated the base flood elevations in the different areas affected by the surrounding bodies of water. He said about a year ago, the State told the city to re-do the city boundaries and re-do the names of the streets which the city complied. He said the last update on the maps was 1987 using only paper versions. Mr. Carter suggested waiting until he was able to communicate with someone at the State office as to whether or not the Inkom ordinance is what the City of Sandpoint should follow. He stressed that if the city does not adopt an ordinance by November 18, 2009, the city will be omitted from the flood insurance program which would impact city homeowners. He said the proposed ordinance would need to be forwarded to the State before it can be approved and published. Councilman Snedden suggested that Mr. Carter continue trying to connect with the State between now and next week’s council meeting.
RECOMMENDTION: That this matter be on the regular city council agenda for the September 16, 2009 meeting for further discussion with full city council.
FIRE DEPARTMENT PROPOSED USER FEES
Councilwoman Newton explained there was a spreadsheet provided with five options for structure fires, three options for motorized vehicle accidents, fires and extrications, and only one option for hazardous material/hazardous conditions and pipeline breakages and marine and aircraft responses. She said there was also a spreadsheet reflecting fees for those services. Councilman Snedden was hesitant to accept the proposals based on those policies that won’t cover the majority of responses within the city. Fire Chief Robert Tyler said insurance companies either accept or deny based on how the customer and underwriter built the contract. He noted that every policy states that if a person is not in the jurisdiction, then the city can bill. He reviewed the spreadsheet which reflected that primary residences within city limits, government buildings in city limits and buildings owned by non-profit organizations inside the city limits will not be billed. He said there should be consideration for structure fires for second and rental homes plus all structure fire responses outside the city limits. He noted that the fire department provides many services other than structure fires. He said his department will continue to deal with more responses as the city is a resort destination. He noted the fees would help maintain services, training and apparatus. He advocated billing based on a minimum of option 3 or 4 (such as billing commercial properties, vacation rentals, and all structure fire responses outside the city limits), all at-fault accidents involving city residents and non-city residents plus bill for all hazardous conditions and marine and aircraft responses. He explained the insurance company is billed directly but that it would be difficult to recoup those funds from those who were not insured.
Councilman O’Hara asked if the city could charge a user fee for the same service where an impact fee is charged for. City Attorney Will Herrington responded no. He said the impact fees only pay a portion of the cost of the capital improvement that’s related to the service. He explained the impact fee only pays for the fire engine and the user fee is used for reimbursement for the costs for providing the service. He stated the fire chief wants the funds to go into a capital improvement fund but wouldn’t be paying for the same part of the service that impact fees pay. Chief Tyler said 90% of the mutual aid calls are in Sagle with their response time of approximately 20 minutes and are at the incident up to 1 ½ hours depending on the type of incident. He said the insurance will retain 20 or 25% of the fees and the fire department will receive the balance.
Councilman O’Hara preferred to go with Option 5 where all structure fire responses will be billed for those outside city limits, and Option 1 for motorized vehicle accidents, fires and extrications. Councilwoman Newton suggested that the Bill For Section under Motorized Vehicle Accidents, Fires and Extrications read “All at-fault accidents.” Police Chief Mark Lockwood reported that there are some cases with no-fault determination but that the insurance companies always deem someone at fault even if they split the fault 50/50. Fire Chief Robert Tyler said salary and benefits are attributed to the proposed fees when responding to an incident. He said unless the city transports, he didn’t want to deal with Medicare or Medicaid as it takes someone with expertise to handle those particular claims. Councilman Snedden raised concern that the city would adopt a policy to try and recoup costs in order to provide funds for capital improvements. He said the real issue is to make a decision to charge people when we think we can get money. He didn’t feel this was a consistent policy and disagreed with the concept. He said he would consider only Option 5. He noted that the people will actually be billed, not the insurance company. Councilwoman Newton supported billing for all structure fire responses for mutual aid, hazardous materials and marine and aircraft responses. She said the hazardous material responses may also include vehicle accidents where there could be a hazardous spill. She didn’t support motorized vehicle accidents. Councilman O’Hara suggested following Option 5 for structure fires, hazardous material, and marine and aircraft responses user fees to full city council for discussion. Councilman Snedden said he would only consider mutual aid responses.
RECOMMENDATION: That this matter be on the regular city council agenda for the September 16, 2009 meeting for further discussion with full city council.
1. BALD MOUNTAIN SONNELAND TRANSMITTER SITE LEASE RENEWAL
Police Chief Mark Lockwood noted that Dr. John Sonneland contacted him with concern of the fees. He said there were no changes to the prior lease. He explained the structure of the lease is based from Bureau of Land Management communication sites and has a CPI Index. City Attorney Will Herrington suggested adding a provision that would allow the lease to be renewed by the mayor with the city clerk’s signature if there were no concerns with the site for an additional three year term. Councilwoman Newton felt that was reasonable particularly if a fee structure is automatically implemented. Mr. Herrington said he would draft a paragraph that would allow a renewal for another three years if there was no problem with the lease. He noted that an extension of three years is built into the contract unless there is a determination to terminate the use of the property. Mr. Herrington stated it’s important there be several subleasees and in order to keep the investment, they need to guarantee the subleasees a certain amount of time. Chief Lockwood said the site has to be compatible for all users and there are requirements and standards to be met. Mr. Herrington noted that Avista doesn’t have any subleasees. Councilman O’Hara felt it wasn’t necessary to go to city council to renew a lease if there are no concerns with a lessee. He felt it could be done administratively. Chief Lockwood agreed with Councilman Snedden to raise the rates if there was a waiting list as the revenue could be allocated to the general fund for maintenance of the site in order to keep the site viable but there was not a waiting list at this time. Councilman Snedden suggested changing the word “may” to “shall” in the fourth sentence under #4 Payment, “Said rental figure “shall” be increased. Will Herrington concurred. He said when the rates are established, he reviews what other users charge for similar sites. He said the city should do another fee evaluation within the next three years.
RECOMMENDTION TO CONSENT CALENDAR: That city council approve and adopt the proposed Sonneland Transmitter Site Lease as amended and to authorize the mayor and city clerk to sign.
2. BALD MOUNTAIN AVISTA TRANSMITTER SITE LEASE RENEWAL
RECOMMENDTION TO CONSENT CALENDAR: That city council approve and adopt the proposed Avista Transmitter Site Lease as amended and to authorize the mayor and city clerk to sign.
TOWING POLICY FOR CITY OF SANDPOINT
Councilwoman Newton noted that she reviewed the ordinance which requires that the expenses for towing are borne by the vehicle owner. She said when she reviewed the July bills, the city was billed for vehicles towed during Lost in the 50s. She reemphasized that city staff should be aware that the cost of towing falls onto the vehicle owner. Police Chief Mark Lockwood explained that during the Lost in the 50s event, there were several over length trucks that were parked on the corner of Church Street and Fourth Avenue which made it difficult for vehicles to make the appropriate turn onto the street. He said there were a few vehicles towed because he couldn’t reach some of the vehicle owners but couldn’t charge them for the towing as they were parked legally. He said in the future, he would close a larger section of parking on Church Street and Fourth Avenue in order to accommodate Lost in the 50s event.
INFORMATION ONLY
3. COMMUNITY HALL USERS POLICY REVISION
City Clerk Maree Peck explained that the policy would need to be revised in order to remove Bonner County as exempt from payment as she received communication from the Bonner
County Commissioners office that they would no longer pay the annual fee for their use of the hall. She said a clause was also added under Prohibited Activates regarding compliance with fire code. She stated that she reviewed the proposed language with the fire chief. She pointed out at the suggestion of Councilwoman Newton, she would change the last sentence to read “Violation of the international fire code is subject to a penalty of a fine not exceeding $1,000 or by imprisonment not to exceed 6 months, or by both in compliance with Section 1-4-1 of city code.” Councilwoman Newton asked whether or not an employee or elected official was obligated to inform someone if there was a violation when the capacity had exceeded. City Attorney Will Herrington advised that the employee nor elected official would have a legal obligation but suggested they contact the fire department. He advised there would be more liability if a council member was at the hall and the person was on notice that the fire code was in violation. He suggested adding a stipulated penalty within the agreement that they would agree to pay $100 if the fire code was violated or that they wouldn’t get their deposit back.
RECOMMENDTION TO CONSENT CALENDAR: That city council approve and adopt the proposed revised Community Hall Users Policy as amended to include the provision that those who are in violation of exceeding maximum capacity will not have their damage deposit refunded.
4. INSURANCE COVERAGE FOR TERRORISM ACTS
City Attorney Will Herrington stated ICRMP is required by law to provide the option for insurance coverage for terrorism acts.
RECOMMENDTION TO CONSENT CALENDAR: That city council decline the additional terrorism charge for the premium amount of $41,394.00.
The meeting adjourned at 7:30 p.m.
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Maree Peck, City Clerk
