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, Planning Director Jeremy Grimm, Parks and Recreation Director Kim Woodruff and City Clerk Maree Peck
OTHERS PRESENT: Bill Lewis, Pat Wentworth, Chris Popov, Chris Schreiber, Chuck Spickelmire, Karl Dye, John Corn, Wally Schmidt, Steve Lockwood, Eric Paull, Molly O’Reilly, Ted Loman, Justin Schuck, Alison Burgstahler, and Bob Hawn
Councilman O’Hara moved to approve the amended agenda with the inclusion of Item – Bid Results for Removing House at Larch Street and Boyer Avenue. The motion passed unanimously.
1. LION’S CLUB LEASE AT LAKEVIEW PARK
Parks and Recreation Director Kim Woodruff explained the lease is for the building the Lion’s Club uses at Lakeview Park and provided an amended lease to include conditions for premises and use that involves the Bonner County Historical Society. He said it was prudent to define and acknowledge that the city is leasing the property to both parties with the lease proper for the building only and the exhibit area would be shared and that both parties communicate between them when they will use the area. He will be bringing an amendment next month for the Bonner County Historical Society lease. He noted that Bill Lewis of the Lion’s Club is friendly to the conditions. He said there would be a correction of the overlap next month excluding the Lion’s Club building and the play area for liability purposes. City Attorney Will Herrington explained the Lion’s Club is only leasing the building and the exhibit area and doesn’t overlap to include the rest of the Bonner County Historical Society building. Mr. Woodruff explained there are legal descriptions in the Bonner County Historical Society lease that included not only the building but the exhibit area. Councilwoman Newton noted a few years ago city council gave permission to the museum to expand their building several years ago. Mr. Woodruff noted that the current Bonner County Historical Society was not aware of that and will be meeting with them to discuss this matter before this matter will be discussed next month.
RECOMMENDTION TO CONSENT CALENDAR: That city council approve and adopt the proposed Lion’s Club as amended and authorize the mayor and city clerk to sign.
2. COMMUNITY GARDEN MEMORANDUM OF UNDERSTANDING
Parks and Recreation Director Kim Woodruff noted this has been a successful project with the Sandpoint Transition Initiative (STI) requesting to re-enter into a yearlong lease to avoid a lapse between now and the spring season. Pat Wentworth of STI noted that in their first season the community garden contributed nearly 1,000 pounds of food to the local Food Bank, Senior Citizen Center and other organizations with the need of food. She said they would have to wait to see what happens next year as to whether or not they would have a separate meter for water as it depends on fundraising. She said they started irrigating the garden from late April to the first part of October and that STI paid the city for the water. Kim Woodruff stated the city uses the water with minimal usage to water the ball field.
RECOMMENDTION TO CONSENT CALENDAR: That city council approve and adopt the proposed Community Garden Memorandum of Understanding and authorize the mayor and city clerk to sign.
3. LIGHT INDUSTRIAL ZONING PERMITTED USE CHANGE REQUESTED BY AIRPORT COMMISSION
Chris Popov, Chairman of the Airport Board, explained the Federal Aviation Administration (FAA) sent a letter to Bonner County approximately one year ago that Bonner County would no longer be eligible to receive federal funds to maintain the airport because they were in violation of certain grant assurances. One of the grant assurances was incompatible land use and that the County needed to attempt to implement zoning laws that prohibit residential use around the airport. He requested that the City recognize the grant assurance obligations that the County has and requested that the city change the zoning. Of particular concern is the land that has access to the runway and any parcel. He asked that any property that has access to the runway not be zoned for residential use. This would be for any property that touches airport properties. The grant assurance also applies to any property that is affected by flight operations. He said they would be looking only at property that’s adjacent the airport from both ends and both sides of the runway.
He replied to Councilman O’Hara that they presented a resolution to the FAA for language and will present the resolution to the Bonner County Commissioners that prohibits any access through any existing easement without a through the fence agreement. The through the fence agreement would have limitation on residential but how that would be implemented into an existing easement right has concerns. However, the airport manager found that almost all easements had a provision that the easement is subject to further regulation of the FAA. He said there’s a concern with access to the runway as the current existing through the fence agreements need to be resolved by installing a westside runway but FAA has denied funding for the runway because the County doesn’t own property on the westside of the airport. This is why Bonner County wants to buy the Silver Wing project and would preclude the mid-field access point that would solve the issue of control of the airport. There is still concern about the residential use. He said the concern is with the property on the east side with two or three parcels that are advertised for sale with runway access.
Mr. Popov noted there was a court case in Aspen, Colorado which was a mirror image of the Bonner County airport where the city owned the airport and allowed residential use. He noted the prior Bonner County airport board encouraged the Silver Wing project but wasn’t aware of the Aspen court case. He stated he had an obligation to attempt to have the zoning changed and didn’t feel residential use is compatible near the airport. Planning Director Jeremy Grimm noted there are limitations to height and slopes near the airport. He pointed out the airport zones on the map and that the zones extend from the airport to the Sandpoint Middle School.
Chris Popov noted there is an airport protection area that’s the slope and distance and degree of the runway where the protected area extends. He said if the County was able to protect the approach of the runway to those standards and have taxiway and runway separated, it could be designated as a C2 airport that would allow commercial air service. He replied to Councilman O’Hara that if a property is outside the overlay and doesn’t have a through a fence agreement, there is no problem to have residential use from the FAA’s perspective. The board had the understanding they could change the airport overlay without changing the light industrial nature.
The board is trying to meet the minimum requirements of FAA that residential use that adjoins property lines of the airport be prohibited from a zoning standpoint and the Airport Board would prohibit at a through the fence access standpoint that should satisfy the FAA. Councilman O’Hara asked if there would be a concern by the FAA to have residential use at the airport if the airport did not seek federal funding. Mr. Popov responded the FAA allows private airports to have residential use but they do not receive any federal funding. He said there is a concept that federal funding can be spent that would only benefit certain groups of private individuals but should assist a population as a whole.
Councilman Snedden raised concern as to the scope and was encouraged with the proposal to have restrictions on only residential use that touches or lies directly in the path of the airport as a feasible solution. He felt the idea of restrictions of residential in the entire light industrial zone could be problematic. Chris Popov said the only amendment would be light industrial and needed mechanisms. Planning Director Jeremy Grimm stated it would be possible to do an overlay over an overlay but that a legal description would be needed which costs money and time to develop and a better definition of adjacent property and whether it would fall under the health, safety and welfare requirements. Mr. Popov added that the health, safety, and welfare issue was not needed if there was an existing easement because the easement provides that it’s subject to further regulation. He didn’t feel the FAA has concern with those properties that have a written easement but that there was dispute with the properties to the north such as Omni Airpark as the FAA won’t allow piggyback accesses. Councilwoman Newton pointed out that on the east side of the airport runway, city council recently granted a conditional use permit for Pend d’Oreille Winery where Mr. Meyer mentioned he has through the fence access that was a selling point of his property. Mr. Popov pointed out Mr. Meyer does have an easement with further regulation restrictions.
City Attorney Will Herrington noted that if there was a change to the zoning ordinance it would require a public hearing by both the Planning and Zoning Commission and the city council. He stated those within industrial zoning have property rights which allows residential use on the property. He advised if one of those rights were extracted from the property owner, there could be potential claims from land owners. Changing industrial zoning to not allow residential uses because they’re incompatible with industrial uses as part of a comprehensive change in the zoning ordinance is safer than extracting the rights from only certain property owners that are adjacent to the property. He pointed out there was a Nevada Supreme Court clear zone case where there was an 8 story building one-half mile from the airport where landowners were compensated for everything over 8 stories because if they were three blocks away from the strip they would be able to build a higher building. He suggested moving the industrial zoning to the forefront of the process of rewriting the zoning codes based on the comprehensive plan process in order to determine whether residential use is compatible with industrial zoning or should be allowed a conditional use permit to control those who have access to the runway. He leaned toward moving the proposed industrial zoning to a higher priority but will need time to notice the public hearings with a time period up to three months. Planning Director Jeremy Grimm stated he would look at the entire industrial zone but the zone was already defined. He said he’s almost done with the proposed commercial zoning and could proceed with industrial zoning next instead of residential zoning. Councilman O’Hara raised concern with finishing commercial zoning rather than taking advantage of those in residential uses. He said the city would be willing to consider what the airport board and FAA deem appropriate as long as it’s not too sudden a course of an action. He asked Mr. Popov if the city’s ability to proceed with this action within the next six months would be acceptable to the FAA. Chris Popov pointed out they won’t get the funding back until they complete a corrective action plan. He said he would have to deal with those who need to sign through the fence agreements and to resolve the Silver Wing acquisition issue and that could take up to six months.
Mr. Herrington suggested that if it was necessary the city could put a moratorium on residential uses in industrial zones but noted some are already allowed by planned unit developments which include Silver Wings.
RECOMMENDATION TO CONSENT CALENDAR: That city council direct the Planning Director to review the changes to industrial zones once the commercial zoning changes are complete.
4. ECONOMIC DEVELOPMENT CORPORATION PROPERTY MANAGEMENT AGREEMENT FOR PANHANDLE STATE BANK INCUBATOR SUITES
Planning Director Jeremy Grimm explained the Economic Development Corporation of Sandpoint (EDCS) Property Management provided and reviewed a modified agreement based on his review with Wally Schmidt and Chuck Spickelmire. Councilwoman Newton asked whether the mission is that the businesses must create jobs. Will Herrington explained that it was part of the function of their existence. Wally Schmidt, Office Manager of the Bonner Business Center, explained that during the application process, applicants are asked what their expectations are with regard to creating jobs. Councilwoman Newton felt there should be an emphasis on creating jobs. Will Herrington suggested using the word “shall” instead of “should.”
Jeremy Grimm explained that the bullets under 10.3 establish the criteria for the prioritization of tenant selection. Chuck Spickelmire, EDCS Board chairman, noted that job creation could be a way potential occupants could score higher in the application process. Councilwoman Newton suggested changing the word “should” to “shall” under Documented Business Plan. Mr. Spickelmire noted during the incubation process, it will provide them the resource to help the business to develop their plans. He confirmed staff mentioned under 10.4 was not city staff.
Councilman Snedden asked why the revenues were divided. Jeremy Grimm explained that EDCS presented a backlog of capital improvements with up to $140,000. 15% of the revenues will be dedicated for a reserve fund when spaces may be empty. Mr. Spickelmire provided a list of needed capital improvements. Councilman Snedden felt the city should have revenue because of the original agreement and questioned whether it is necessary that the entire revenue stream be dedicated to the Bonner Business Center. Mr. Spickelmire responded that the board would not agendize this matter until the meeting at the end of the month. He pointed out there was a great deal of maintenance that the city was responsible for as well as maintenance that the EDCS was responsible for but there wasn’t enough funding to maintain the Bonner Business Center (BBC) from just the rent and make it a success. He pointed out the BBC freezer needed maintenance and that the air conditioning broke down at Lead Lok in August. These were substantial bills paid for by the EDCS.
Councilwoman Newton suggested replacing the 10.4 No. 6 read “Organizes regular (no less than semiannual) networking meetings for tenants and investors/prospective business partners.” Councilman Snedden suggested revisiting the revenue distribution numbers. Will Herrington stressed the need to move forward to get the spaces rented out and said they are available almost immediately. Jeremy Grimm estimated there would be revenue of $40,000 per year when the suites are fully occupied. Chuck Spickelmire noted if the capital improvements are all funded, they could review changing the distribution of the revenue.
Councilman Snedden suggested including in the lease that the distribution of rent receipts be revisited in three years. Will Herrington suggested reviewing it every year as part of the budget with the opportunity to change the distribution of the revenue. Councilman O’Hara felt there was no problem leaving it the way it is and suggested revisiting this matter five years from now. Councilman Snedden preferred revisiting the revenue stream in three years to determine whether 70% was still needed for capital improvements and whether a reserve fund was funded or do something else with the revenue. Chuck Spickelmire concurred and agreed that 70% could be put into another economic development program. Jeremy Grimm noted the term with the bank is five years.
Molly O’Reilly stated there was no mention of bringing people to downtown that would add to the downtown vitality. Chuck Spickelmire explained the lease with Panhandle State Bank has criteria on what type of business can rent the suites. He said the EDCS Board could keep Ms. O’Reilly’s concern in mind. Will Herrington noted that retail businesses are not allowed, only professional offices. Jeremy Grimm explained to Chris Schreiber, a member of the Urban Renewal Board, that the space was made available to the city as part of the negotiations between PSB and City involving parking requirements and the maintenance expenses are passed on to the tenants.
RECOMMENDTION TO CONSENT CALENDAR: That city council approve and adopt the proposed Draft Addendum to the 2008 EDCS Property Management, Services and Lease Agreement with the amendment to Section 11 that the rent receipt revenue would be renegotiated within three years after date of execution, 10.4 No. 6 to read “Organizes regular but no less than semi-annual networking meetings for tenants and investors/prospective business partners”, and to amend 10.3 to read that the bullet read “Growth Potential and Economic Impact on the Downtown”.
5. AMERICANS WITH DISABILITIES ACT (ADA) AGREEMENT
City Attorney Will Herrington stated he prepared a proposed letter to the Idaho Attorney General’s Office and dated the letter the day after the October 21st council meeting which will be put on the council agenda. He said the letter proposes the city would construct curb ramps on six as-yet-unidentified projects. He proposed taking up to five years to complete the projects and pursue and construct a project every year. He said the letter would be a proposal on the table with the expectation of a response from the State as they may want the city to be more specific. He stressed that this matter is to be taken care of by November 11th with request of city council approval that the mayor enter into an agreement consistent with the proposed letter. He stated the city would also develop a new transition plan within the next year with substantial public involvement. He suggested this matter be on the council agenda for discussion.
Councilwoman Newton suggested in case there was a need for follow up with city council in response to the State’s letter that this matter could be put on the special meeting agenda for November 5, 2009 where the canvassing of the ballots is scheduled.
RECOMMENDTION TO CONSENT CALENDAR: That city council approve the proposed letter and to authorize the mayor to sign.
6. SANDPOINT URBAN RENEWAL AGENCY CHARTER
Councilman Snedden stated he brought his proposal to the Urban Renewal Board at their September meeting. He felt there was not a lot of communication between the Urban Renewal Board and city council. He said the creation of a charter was intended as only a guidance document to be adopted by resolution for future use of urban renewal and wouldn’t affect the current downtown revitalization or airport urban renewal districts. He said the first policy is to try to use Urban Renewal dollars to stimulate projects that otherwise couldn’t be accomplished without urban renewal. The second policy recommendation would be to close down districts as soon as possible. He said the proposal provides goals and policies for new districts to attract and retain employers, create affordable and workforce housing, guide future growth and development, and to foster educations with the idea that urban renewal is an independent board and wasn’t binding upon their current actions but only upon new urban renewal districts which would require city council to approve them.
Councilwoman Newton suggested language be inserted to clarify that the proposed charter is for future urban renewal districts and doesn’t affect the current urban renewal districts. She was not comfortable with the use of the word “empowers” noting that the urban renewal board is a distinct separate board and association between the two should be limited. She felt they should be kept separate and raised concern that it would come across that city council wants more control. City Attorney Will Herrington noted it was a policy to keep them separate so there was no criticism that it was just the council acting in a different capacity such as borrowing money. Councilman Snedden suggested changing the language so it reflects more independent nature.
Councilman O’Hara didn’t feel his proposal was necessary but that it and felt that the intention of the charter can be accomplished whenever a new urban renewal district is created. Councilman Snedden raised concern that the Urban Renewal Board had no guidance on how to create new districts such as for the Renova site. Mayor Hellar pointed out urban renewal districts are created by city council action. Councilman Snedden stressed that his proposal would facilitate more communication.
Eric Paull, Chairman of the Sandpoint Urban Renewal Board, noted that urban renewal started in 2005 with board members selected and approved by city council in July with the planning implemented and completed by legal council, the city’s project coordinator and the Panhandle Area Council. He noted the requests for proposals will come to city council for review and approval. City Attorney Will Herrington explained it was contemplated when districts were set up, the Urban Renewal Board would make a recommendation that would go before the Planning and Zoning Commission and would go to city council for adoption by resolution for changing the plan. Eric Paull pointed out the Board is meeting in December to review the plans as they feel they are dated and will bring their plans back to city council. Urban Renewal Board member Chris Schreiber noted there would be a perception of the city’s control over the Urban Renewal Board which could be in violation of state statutes with the board losing the ability to bond. John Corn, also a member of the Urban Renewal Board, commented there was a broad scope of purpose of the board according to Idaho Code as guidance. He noted two mayors have attended almost all the board meetings with more council members attending. He said the Board welcomes their attendance to their board meetings. He felt the current board has looked at more than downtown streets.
Councilman Snedden said he was fine if the board could operate more efficiently without a charter and if the board felt they had enough city council direction for the future of Sandpoint. He felt this mission was accomplished because of the current discussion. He withdrew his proposal with no further direction.
INFORMATION ONLY.
7. BALD MOUNTAIN TRANSMITTER SITE LEASE RENEWAL FOR COEUR D’ALENE ANSWERING SERVICE, INC DBA PASS WORD
Police Chief Mark Lockwood stated that Pass Word has been utilizing McDonald Logging site but due to the poor construction, Pass Word is requesting to move to a facility that is owned by the city which is currently utilized by Bonner County Search and Rescue and local ham radio operators. City Attorney Will Herrington noted that he recently spoke with Rod Bacon, President of Pass Word, who made a decision to remain at the original McDonald Logging site. He said the lease would simply renew their existing lease at the McDonald site assigned to them last year. He explained to Councilman Snedden the reason the Consumer Price Index (CPI) was limited to 5% because city council decided to implement that for all lessees at the Bald Mountain Transmitter Sites. He explained approximately five years ago, an analysis was conducted based on United States Forest Service sites and lease rates where a resolution was adopted to set the rates for different uses. He suggested conducting another analysis within the next two to three years in order to make sure the rates are consistent with the market. Chief Lockwood added that the resolution include that the mayor would be authorized to approve and sign a renewal of the lease for an additional three year term if there had been no problems encountered during the lease term. He felt this would same time and provide the lessee the ability of not having to go through the entire process to renew their lease. Will Herrington noted some of the leases are six years anyway because the primary lessee may have sublease who may lease for three years after the city has leased for three years.
RECOMMENDTION TO CONSENT CALENDAR: That city council approve and adopt the proposed Pass Word Transmitter Site Lease but not include the automatic renewal language to allow the mayor to renew the lease for an additional three year term.
8. EMERGENCY RESPONSE AND FALSE ALARM PROPOSED ORDINANCE
Councilman Snedden questioned why duties would be imposed on alarm monitoring companies. Police Chief Mark Lockwood replied that this would insure that the company has installed the alarm correctly and that after the alarms have been installed, to have training as well as how to contact the service provider. He noted that the proposed ordinance follows the National False Alarm Association. He said the ordinance deals with mostly panic, burglary, robbery and entrance alarms but doesn’t follow the concerns for the fire chief which should be incorporated. He felt it necessary to impose a suspension of responses as there would be no leverage to receive payment until there was collection or court action. He felt this was an important aspect for compliance. Will Herrington noted there will be no prosecution for those installers who don’t follow the provisions but the fees will provide what the city needs.
Fire Chief Robert Tyler noted he reviews and checks all fire alarm installations prior to when the buildings are occupied. He stated the proposed ordinance is for law enforcement only and had concerns with the proposed ordinance based on false alarms for fire department purposes. Councilwoman Newton suggested to include the word in the last sentence under 3(A) and to make sure the laws are in place before the requirement of providing a customer list so they know it’s protected information.
Will Herrington felt it necessary to wait until Chief Tyler had an opportunity to add his concerns and special provisions to the ordinance before it was brought to city council for review. There was a consensus that the committee e-mail their proposed revisions and questions to the city attorney, fire chief and police chief and bring back a proposed ordinance that would cover both police and fire department issues to next month’s Administrative Committee meeting.
INFORMATION ONLY
9. AMENDMENT TO CITY CODE 6-5-3 PROPOSED ORDINANCE – REPEAL TRANSPORTATION RESTRICTIONS ON STREETS WITHIN THE DOWNTOWN CORE
Councilwoman Newton reiterated that she was opposed to the proposal. City Attorney Will Herrington explained that all human power vehicles that travel on State highways are required to abide by State regulations. He noted that city council created a code section that only allowed bicycles on State highways and that city staff would only recommend allowing three wheel bicycles since pedicabs are now in operation in the downtown. He noted the city council felt it was necessary to have an additional regulation for the both the safety of human powered vehicles and for the safety for the drivers as the streets are highly congested. He pointed out currently the only restrictions are on State highways, not all downtown streets. Police Chief Lockwood raised concern that it’s clearly defined in State Code for bicyclists but no clearly defined multi-modal transportation on State highways and that it will take a serious accident or fatality to understand the consequences of allowing all human powered vehicles to travel on State highways. Councilwoman Newton stressed that she had concern for not only those who travel on human powered vehicles who would be injured or killed but raised concern about the mental trauma to the driver of the car. She noted there are 22,000 vehicles per day that travel in Sandpoint per day on First Avenue and Fifth Avenue with up to 40,000 traveling on those streets per day in the summer. She pointed out that people will avoid driving through downtown in order to not be involved with an accident with human powered vehicles.
RECOMMENDTION: A majority of the Administrative Committee approved putting this matter be on the regular city council agenda for the October 21, 2009 meeting for further discussion with full city council with Councilwoman Newton dissenting.
10. BID RESULTS FOR REMOVING HOUSE AT LARCH STREET AND BOYER AVENUE
City Attorney Will Herrington stated that he and the Public Works Director recommend denying the bids and consider the city moving the home to the newly acquired property for the purpose of developing the new sewage treatment plant. He suggested that the city install a foundation and use it for workforce housing. He said that during the construction of the plant, the home could be used as an officer for the contractor. He noted the home was a solid structure according to the building inspector and the city could rent it out for the next ten to fifteen year which would be enough revenue to pay for the cost of moving the house and constructing the foundation. He advised that the city council could accept or deny the bid. He stated there were two other bids received but the bidders thought they would buy the house and move it. He estimated it would cost $18,000 to move the house to the property on Baldy Road with a total cost to set it up on a foundation, install a septic system, etc of approximately $50,000.
Councilman O’Hara suggested following Councilwoman Logan’s recommendation that the city offer the home to Habitat for Humanity. Mr. Herrington responded this would be another reason to reject the bids. Councilman Snedden asked what the cost would be to demolish the home if city council decided to reject the bids. Mr. Herrington replied that it depended upon how the home was demolished. He said if the fire department used it for training exercises it would cost less but would have more liability. He noted Habitat for Humanity has not looked at the home. Councilwoman Newton suggested having Habitat for Humanity look at the house but to submit the bids provided to full city council without any recommendations. She felt it necessary to get input from Habitat for Humanity as to what materials they could salvage from the home before the fire department used the home for training purposes. Councilman Snedden raised concern with the cost of demolition. Councilman O’Hara suggested including the costs to demolish the home into the cost of the construction of the roundabout. Mr. Herrington said this would be possible but that the contractor that’s building the store is also building the roundabout. He said they can build it cheaper than the city can bid and build it. He said he could check into whether the contractor could take into consider how much it would cost to demolish the house. There was a consensus to forward the bids to the full council with the expectation of more information on what Habitat for Humanity can use from the house, what fire department can do and how much it would cost to include the demolition of the house to the construction of the roundabout.
RECOMMENDATION: That this matter be on the regular city council agenda for the October 21, 2009 meeting for further discussion with full city council.
The meeting adjourned at 7:58 p.m.
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Maree Peck, City Clerk
