PRESENT: Council members Newton, Snedden and O'Hara were present.  Mayor Hellar was present.

STAFF PRESENT: Parks and Recreation Director Kim Woodruff, Police Chief Mark Lockwood,  Planning Director Jeremy Grimm, Right of Way Inspector Bruce Robertson, Project Coordinator Stephen Drinkard, Fire Chief Robert Tyler and City Clerk Maree Peck.

OTHERS PRESENT:  Aric Spence, Kathleen Hyde, Marsha Ogilvie, Bob Camp, Steve Lockwood, Molly O'Reilly, Councilman Boge, Bruce Vogelsinger, Bob and Liz Hawn.

1. POSSIBLE SALE OF TREE BOOKLETS

Project Coordinator Stephen Drinkard stated that the Tree Committee created a tree booklet with 4,000 copies printed to be distributed over the next ten years.  He requested direction from the committee as to how the booklets are to be distributed with ideas in considering selling the booklets.  He said Keokee Publishing sold three copies on its website, Sandpoint Online, with the intent to market the sale of the booklets.  He noted the City Treasurer advised that if the booklets were sold, taxes needed to be collected, and the revenue needs to be allocated to the General Fund or the Urban Forestry Fund.  He said the Tree Committee had another idea that real estate agents provide the booklets as a promotion.  He stated the purpose of the booklets was to promote enthusiasm for trees, and the cost to produce the booklets was $1.70 a piece.  His preference was to allow Keokee Publishing or another online general store in Sandpoint to sell and charge enough money for their handling expenses.  Jeremy Grimm suggested that each Sandpoint citizen receive a booklet at no charge and notify them via utility billing.  Marsha Ogilvie proposed the city charge more and apply the revenue to the purchase of trees.  Aric Spence suggested that the booklet be available in pdf format on the city, DSBA or Keokee Publishing website.  Kathleen Hyde, Office Manager of the Downtown Sandpoint Business Association (DSBA), suggested that the city charge more for the booklets and apply the funds to tree care and that it reprint more booklets, with the funding applied to the urban forestry program.  She felt the Tree Committee should be making a profit.

Councilman Snedden proposed that the booklets be available for Sandpoint taxpayers for free or charged no more than $1.00, and those who are not City of Sandpoint citizens be charged $3.00, with the funds applied to the urban forestry program.  Councilman O'Hara proposed that the booklets should be sold and that a budget item should be allocated for the Tree Committee, with the revenue going to pay back the printing costs.  He was opposed to simply distributing them to every city resident, saying that the booklets need to be placed in the hands of people who will value them.  He said providing the booklet in pdf format would allow access to the booklet without having to print it.  Councilman Snedden suggested this matter be referred back to the Tree Committee for pricing and for their proposals for recouping the costs.  Councilman O'Hara concurred.
INFORMATION ONLY

2. BONNER COUNTY HISTORICAL SOCIETY MUSEUM LEASE AMENDMENT

Parks and Recreation Director Kim Woodruff explained that the Lion's Club and the Bonner County Historical Society share a lease for an exhibit area within Lakeview Park.  He noted that the proposed amendment clarifies that the Bonner County Historical Society shall have priority for use of the shared property with the Lion's Club and that the legal descriptions are corrected to match the recorded survey, excluding the city's playground structure from the property lease and removing any responsibility or related liability for the Bonner County Historical Society.  He added that the Bonner County Historical Society met with him and the mayor in support of the proposed amended lease.  Councilman Snedden pointed out that corrections need to be made on the legal descriptions, and he will forward the corrections to the city attorney.
RECOMMENDATION TO CONSENT CALENDAR:  That city council approve the proposed Amendment to Lease Agreement between the City of Sandpoint and the Bonner County Historical Society as modified with corrections to the legal descriptions.

3. SANDPOINT TRAIN DEPOT

Aric Spence of the Historic Preservation Commission stated that the commission has had discussions with Amtrak with the belief that Amtrak will continue to utilize the depot if specific building safety and accessibility is addressed.  The Idaho Transportation Department has put into escrow $922,000 with BNSF for Amtrak to either build a new platform and parking south of Sandpoint at Heath Lake Road or restore the existing depot in downtown Sandpoint.  He said the Historic Preservation Commission wants the city to consider whether to begin negotiations with BNSF on acquisition of the depot by the city and a commitment to transfer the $922,000 to the city for necessary restoration of the depot, to obtain a commitment from Amtrak that they will continue to use the depot as a passenger station, subject to repairs and improvements being made, and to decide if the city should operate and maintain the depot or establish a non-profit organization to lease, operate and maintain the building and raise tax-exempt contributions to restore the building to its original elegance.  He noted that the Sandpoint train station is one of 60 stations Amtrak has listed under National Historical Train Stations.  Bob Camp felt that retaining the train depot would be good for the city, economically.  Mr. Spence noted the City of Whitefish provides a good example of how a city has had a good working relationship with Amtrak in preserving their train depot, which is owned by the City of Whitefish.  He said Amtrak prefers to work with municipalities rather than BNSF, as cities have a stake in the stations.  He stated Amtrak would pay for the utilities.  He noted that a proposal was made by former Mayor Miller that BNSF sell the building to the city for $1.00, but this agreement was not finalized.  He felt the depot would provide an important benefit, economically, for the city and that grants were available for preservation of the depot.  He said Amtrak divulged that, within ten years, there  could be an expansion of another track, but the door on the east side of the depot would be bordered by a fence with boarding to take place on the north side of the building only.  He said the railroad has concern that, with the additional track, there would be the expense of constructing three bridges to accommodate the additional track.  He commented that the extra track would not have any impact on the depot.  He said the city could purchase the depot for $1.00 but could not purchase the land, although it could lease it.

Councilwoman Newton commented that the Parks and Recreation Director would be responsible for the maintenance if the city acquired the building and felt that he should be involved with the negotiations. She noted that the public has shown interest in the depot being restored and maintained.  Bruce Vogelsinger felt legal counsel and the mayor should be involved in the negotiations.  Councilwoman Newton stated that the Historic Preservation Commission should be the lead in continuing to work on this project.  Councilman Snedden suggested that the Historic Preservation Commission provide model leases from other entities, such as Whitefish.
RECOMMENDATION:  That this matter be discussed with full city council at the November 18, 2009, council meeting.  

4. FALSE ALARM PROPOSED ORDINANCE

Fire Chief Robert Tyler distributed a revised proposed ordinance that includes an appeal process that is strictly for false fire alarms.  He stated the proposed ordinance was taken from San Bernardino, California, and from the draft supplied from Police Chief Mark Lockwood.  He explained that any time there is a new building or suppression of an alarm system, the fire department provides review prior to the installation, and once the system is installed, the department conducts a complete test on the system.  The International Fire Code identifies the relative code sections that cover everything from commercial to residential.  He explained that building owners have to maintain the system, even though the business owners move out, or they need to provide notification that something is taking the place of the required system.  He stated a law enforcement provision will be provided at next month's Administrative Committee meeting to be included in the ordinance.  Councilwoman Newton didn’t feel it was conceivable, as provided in the prior ordinance, that the city would not response to all alarms.  Chief Tyler  pointed out the proposed ordinance provides that fire service fees shall not apply to any newly installed fire system for a period of 45 days from the date of installation but will apply from and after the expiration of 45 days.
RECOMMENDATION:  That city council approve the proposed ordinance.

5. MAIN STREET EXTENDED ENHANCEMENT GRANT

Right of Way Inspector Bruce Robertson explained that an enhancement grant was awarded to the city approximately two years ago, but revisions have been made.  He said he hopes to receive a proposed contract before next week's council meeting.  He stated that the original contract was for the installation of a boardwalk along Sand Creek but that the Idaho Transportation Department deemed this was building a bridge, which was expensive, with focus instead to rebuild corners in the downtown core in order to comply with ADA regulations.  He pointed out the exits from the Panida Theatre would encroach into the right of way along the building and would have street lights along Sand Creek and expects lighting to be installed along the sidewalks.  He didn't know where the additional $8,500 that was needed for the project would come from, as it was not budgeted.  In response to Councilwoman Newton, he confirmed that two parking spaces would be lost, and he didn’t know why there were private parking spots on the city’s easement.  Councilwoman Newton requested he provide the answers before next week's council meeting.  Mr. Robertson explained that a railing would be installed to prevent people from going into the creek but will have access to the creek in order to have access to a boardwalk.

Kathleen Hyde explained that the proposed drawing reflecting an overhead entrance with trees was an artist’s rendering and that it was not in the final plans.  Mr. Robertson added that the project includes a gateway, but the proposed entrance was optional, with parking currently on the south side.  He did not know if there would be any changes on the south side of the street.  Kathleen Hyde pointed out the area where the railing would be installed, parallel to the water’s edge, is currently utilized by Outdoor Experience for their boat rentals and by those who get in and out of their boats.  She asked there be consideration whether the railing would prevent boat traffic along this area.  Mr. Robertson assured that the location of the railing would prevent boat traffic only in that specific location.  Councilwoman Newton stressed that the contract must be provided to city council in sufficient time to review before next week’s council meeting.
RECOMMENDATION:  That this matter be discussed with full city council at the November 18, 2009, council meeting.

6. HOLIDAY PARKING IN CITY LOT

Councilwoman Newton pointed out that the city has waived parking fees between Thanksgiving through December 31st for several years to encourage people to shop downtown.  Kathleen Hyde noted that the general public has known for several years that the city provides free parking for holiday shopping and provides an incentive for merchants not to park along the street in order to provide parking needed for shoppers.
RECOMMENDATION TO CONSENT CALENDAR:  That city council waive all city parking lot fees between Thanksgiving and December 31, 2009.

7. BANNERS

Councilman Boge referred to City Code 8-5-7-D which provides that banner signs are not to be displayed more than thirty days within a calendar year.  He provided photographs he took on October 4th of 43 banners that were currently displayed.  He said he brought this matter to the Administrative Committee to discuss a possible remedy of the situation.  He suggested that council direct the mayor and city staff to request those businesses in violation to comply, that council remove the provisions under City Code 8-5-7-D, or that the policy be made clear to businesses on sign code requirements.  Planning Director Jeremy Grimm stated enforcement is challenging and raised concern it could be arbitrary.  He said the city relies on nuisance complaints in order to know when there have been sign code violations.  He said he has sent letters to those businesses when he is aware of sign code violations.  He suggested sending a mailing to the 43 businesses who were in violation, and the city could send the building official out for periodic inspections.  He said his department has a list of all approved signs and pointed out it was difficult to determine the actual date the banner was established.  Kathleen Hyde added the DSBA worked on the sign ordinance for several months with a banner provision where the business could choose between a banner or a portable sign.  She noted banners are less expensive and pointed out DSBA's original proposal that provided control on banners.  She suggested city council revisit DSBA's original proposal.  She said the proposal was eliminated because there was a council member who disliked banners, with the time to display the banner  shortened.  She felt banners could be controlled similar to regulations for portable signs and that businesses be educated on the sign code.  Jeremy Grimm said it was difficult to regulate signs, as it falls under a freedom of speech issue but that the city should not be too loose on regulations.

Police Chief Mark Lockwood added that the issue was unenforceable and would be selective enforcement, as it would be subjective as to the date the banner was displayed.  He felt banners should be treated similar to portable signs but didn't know how it could be enforced.  Jeremy Grimm proposed that a business could have only one banner at any given time and that a banner not exceed a certain size.  Councilman O'Hara suggested city staff do more research on the intent of signs and factor allowable usage in terms of the overall square footage.  He requested more information.  Councilman Snedden suggested that this matter be brought back to the December Administrative Committee meeting for further review of the code section with DSBA’s proposal to amend the code section and for city staff to see if it’s enforceable.  Jeremy Grimm said that he would conduct research on a more proactive way for enforcement.
INFORMATION ONLY.

8. ANIMAL CONTROL HOUSING CONTRACT RENEWAL WITH FRIENDS OF SHELTER AND WITH KOZY KENNEL AND GROOMING

Police Chief Mark Lockwood stated that the city is currently collecting the fees, as there was concern with the shelters not collecting the fees, as well as concern that the animals weren't licensed nor had current rabies vaccinations.  He did not support the kennels request that they have the ability to sell licenses.  He explained the animal is impounded for three days at $10 per day, which is charged to the dog owner.  Councilman O'Hara suggested, in both agreements, to delete “or, at the City's discretion, euthanized in a humane manner” from the last sentence under 5.03.
RECOMMENDATION TO CONSENT CALENDAR:  That city council approve the proposed Agreements with Friends of the Shelter and Kozy Kennel and Grooming as amended and authorize the mayor and city clerk to sign.

The meeting adjourned at 7:00 p.m.

Maree Peck, City Clerk