OPENING Mayor Hellar called the regular meeting of the city council to order at 5:30 p.m. on Wednesday, November 18, 2009, in the council chambers at City Hall, 1123 Lake.
ROLL CALL Council members Boge, Newton, Logan, Reuter and O’Hara were present. Councilman Snedden was absent.
INVOCATION Bob Burdett, First Presbyterian 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 clarified her position on the train depot issue. She stated if Amtrak opts to continue utilizing the train depot for their passenger stop and if the $900,000 the Idaho Transportation Department (ITD) provided to Burlington Northern Sante Fe Railway(BNSF) is available for the restoration of the depot, then she will fully support the city’s involvement in attempting to preserve the depot.
PUBLIC FORUM
Justin Schuck, read a letter on behalf of Carlos Suarez of 766 Woodland Drive. Based on inspections and research, Mr. Suarez believed the depot has endured remarkably well considering the constant vibrations of the adjacent rail line and its age. He didn’t feel the work required to mitigate the current deficiencies were considered monumental nor were the cost of repairs extreme or unattainable. He felt the funds could be available from the byway project to take care of the majority if not all of the determined scope of work. He pointed out there are several other cities across the nation that have restored their old depots successfully and economically as a viable entity in their city. He urged city council to do everything to retain the depot in Sandpoint in order to find a way to create a gem of our city.
Ken Haag, 353 Meadowlark Lane, referred to his e-mail that he forwarded to city council expressing support for retaining the train station.
Aric Spence felt the restoration of the train depot would provide an economic benefit for businesses in town. He said retaining Amtrak in the depot is key to the restoration with the first step in pursuing the acquisition of the depot. He said the depot provides an active link to the city’s past and a focal point for the future. He urged city council to embrace this opportunity and to move forward with the acquisition of the depot.
Bruce Millard, 100 Jana Lane, felt the train depot was one of the great amenities in Sandpoint. He stressed the importance of passenger train transportation and that the depot presents a physical entity close within the downtown community. He stated the community needs to make sure the depot is retained in town. He pointed out Amtrak has worked with cities large and small for the last 30 years in helping to retain and restore depots. He stressed the importance of retaining the historical train depot building.
Mayor Hellar read a note from Theresa Jadick who supported retaining the train depot.
CONSENT CALENDAR
Councilman O’Hara requested to remove Item C-3 – Public Works Committee recommendation to begin negotiations with BNSF to acquire the train depot and request transfer of ITD funds in the amount of $922,000 to the city for depot registration. There was a consensus of council present that this item be discussed with Item G – Sandpoint Train Depot.
Councilwoman Logan moved that items A-1 through C-2 and D through E-3 be approved. Councilman O’Hara seconded the motion. The motion passed unanimously by a roll call vote of council present.
A. MINUTES
A-1 City Council regular minutes of October 21, 2009, and special minutes of October 30, 2009;
A-2 Planning Commission minutes of October 6, 2009, and October 20, 2009;
A-3 Bicycle Advisory Committee minutes of August 24, 2009;
A-4 Economic Development Corporation of Sandpoint minutes of October 28, 2009;
A-5 Historic Preservation Commission minutes of October 13, 2009;
A-6 Pedestrian Advisory Committee minutes of October 20, 2009;
A-7 Tree Committee minutes of September 1, 2009, September 15, 2009, and September 22, 2009;
A-8 Urban Renewal Board minutes of October 6, 2009.
B Bills for the month of October 2009 in the amount of $830,100.34, $416,988.37 of which is for accounts payable and $413,112.08 for payroll and benefits
C PUBLIC WORKS COMMITTEE NOVEMBER 4, 2009, MINUTES
C-1 Fee Waiver to Bonner County Fairgrounds for campground construction: $1,381.22 plan check fee and $2,124.95 permit fee
C-2 Fee waiver to residential carpentry for construction of bike shelter at Sandpoint Middle School: $111.25 permit fee
C-3 Begin negotiations with BNSF to acquire the train depot and request transfer of ITD funds in the amount of $922,000 to the city for depot restoration – removed from consent
D ADMINISTRATIVE COMMITTEE NOVEMBER 10, 2009, MINUTES
D-1 Waive all city parking lot fees between Thanksgiving and December 31, 2009
E RESOLUTIONS
E-1 Resolution No. 09-70 Bonner County Historical Society Museum Lease Amendment
E-2 Resolution No. 09-71 Animal Control Housing Contract Renewal with Friends of the Shelter
E-3 Resolution No. 09-72 Animal Control Housing Contract Renewal with Kozy Kennel and Grooming
OLD BUSINESS
F. WATER AND SEWER RATES
Public Works Director Kody Van Dyk noted that the rates provided from Tom Gould reflect a five year plan for water and sewer rates based on consensus of city council. He stated a decision was not made on multi-family options on uniform rate versus a seasonal rate with both options provided. Councilwoman Logan pointed out it was some of the city council’s desire that Mr. Gould be available at the December 16th public hearing. City Attorney Will Herrington advised the higher rates could be advertised and could be lowered at the public hearing. Councilwoman Newton pointed out the proposed rates for 6” meter for multi-family uniform rate needed to be supplied before they were advertised.
Councilwoman Logan moved that a public hearing be set on December 16, 2009, to consider the proposed rates provided. Councilman O’Hara seconded the motion. The motion passed unanimously by council present.
NEW BUSINESS
G. SANDPOINT TRAIN DEPOT
Councilwoman Logan moved that a) The City of Sandpoint begin negotiations with BNSF on the acquisition of the depot by the city and transfer the ITD funds in the amount of $922,000 to the city for restoration of the depot; b) The City of Sandpoint begin negotiations with Amtrak to secure a commitment to continue to use the depot as a passenger station and maintain and operate it as such and; c) A negotiating team comprised of a representative of the Historical Preservation Commission, John Reuter as Chair of the Public Works Committee, Carrie Logan as council liaison to the Historical Preservation Commission and Kody Van Dyk as Public Works Director, with Melissa Bethel as staff support, be empowered to initiate negotiations with BNSF and Amtrak as soon as possible with the negotiating committee to make monthly updates to the city council on their progress in achieving the goals stated in a and b of this motion. Councilman Reuter seconded the motion.
Councilman Reuter referred to the goals and policies of the comprehensive plan that was recently adopted that provides the protection of historic buildings and to center governmental and transportation activity within the downtown. Councilman Boge referred to several correspondences received in support of retaining and restoring the train depot. He echoed Councilman Reuter’s reference to the comprehensive plan that also provides that multi-modal transportation is important to preserve. He felt the train depot would be an anchor tenant within the downtown with the importance of having the city’s support. Councilman O’Hara appreciated the public’s input and felt the city should at least try to negotiate particularly with the funds that were available. Mayor Hellar thanked Councilwoman Logan for her proposed negotiation committee with members compiled of not only elected officials but city staff and interested citizens whose input will be important. The motion passed unanimously by roll call vote of council present.
H. PROPOSED ORDINANCE AND SUMMARY - FALSE ALARM
Councilwoman Newton noted city council unanimously adopted false alarm fees a few weeks ago to be applied against false alarms. She pointed out the purpose of the fees is to encourage businesses to fix their alarm systems. She explained that the proposed ordinance needed to be adopted in order to initiate the adopted false alarm fees. City Attorney Will Herrington raised concern that the proposed ordinance included fire alarms only and felt it important to have both fire and police false alarms in only one ordinance in order to save the additional cost in publication and codification. He stated the original ordinance drafted by the police chief and himself was a general alarm ordinance that included both fire and police false alarms. Councilwoman Newton pointed out the general proposed ordinance was in two separate sections with the police chief’s proposal that after so many false alarms, the city wouldn’t respond, which was not acceptable to the Administrative Committee. She stressed that city staff had two months to work together on this issue and that the Administrative Committee felt the need to move forward in order to have the fees in place by January 1st. Councilwoman Logan asked if it would include school districts. Will Herrington advised that city council table the matter next month and that it still could be adopted before January 1, 2010.
Police Chief Mark Lockwood said he had the understanding that this ordinance was provided for review and would be brought back to the Administrative Committee at the December meeting. He pointed out that he received the proposed ordinance shortly before this month’s Administrative Committee meeting, wanted the opportunity to review with the city attorney and was at a loss that it would be adopted this evening. Will Herrington suggested that the ordinance have an effective date of January 1, 2010.
Councilman Reuter moved that the proposed ordinance be sent back to the December Administrative Committee in order to create one ordinance to include the police false alarms and bring back to the December city council meeting. No one seconded the motion.
The city clerk read the proposed ordinance by title only. She distributed copies of the proposed ordinance summary to city council as they were not provided to city council prior to this evening’s meeting. Councilwoman Logan moved that the proposed ordinance titled “An ordinance of the City of Sandpoint, a municipal corporation of the State of Idaho, pertaining to responses made by emergency service providers to false alarms; providing that fees may be charged for responding to false alarms; providing an appeals procedure; enacting regulations regarding false alarms; providing definitions; providing for severability; and providing for publication and an effective date” pass its first reading and, if applicable, the summary be approved. Councilwoman Newton seconded the motion.
Councilman Reuter raised concern that it demonstrated a lack of patience and felt it important to wait until the ordinance included both police and fire false alarms.
A roll call vote of the council resulted as follows:
Councilman Boge Yes
Councilman O’Hara Yes
Councilwoman Logan Yes
Councilman Reuter No
Councilwoman Newton Yes
Councilman Snedden Absent
The motion passed by a majority of council present and the proposed ordinance 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 ordinance’s entirety, be suspended and that the ordinance pass its second and third reading under the suspension of the rules. Councilwoman Logan seconded the motion.
Councilman O’Hara stated his research shows that there could be an exemption clause such as for school districts and suggested allowing the city attorney and city staff to put more systems in place in order to make a more complete document. He concurred with Councilman Reuter’s concern regarding timing. He clarified when he reviewed other city ordinances that governmental entities and school districts were exempted from the ordinance.
A roll call vote of the council resulted as follows:
Councilman Snedden Absent
Councilwoman Logan No
Councilman O’Hara No
Councilman Reuter No
Councilwoman Newton Yes
Councilman Boge Yes
The rule requiring three separate readings, once in the ordinance’s entirety be suspended and that the proposed ordinance pass its second and third reading under suspension of the rules failed.
I. MAIN STREET ENHANCEMENT
Right of Way Inspector Bruce Robertson stated that when he presented this matter to the Administrative Committee he had the understanding that he would be receiving a State/Local Agreement but in fact the original State/Local Agreement was signed in 2006 for the enhancement project. He explained the original scope of work was to install a boardwalk along Sand Creek and to extend the existing boardwalk to the Panida Theatre. He said because of ITD design requirements a majority of the grant money would have been spent on the design and not to install the boardwalk. He pointed out the information provided to the Administrative Committee was provided to the entire city council which reflects the change in scope to rebuild a sidewalk adjacent to the Panida Theater, provide a handicap accessible ramp to Sand Creek and to repair several corners in the downtown. City Attorney Will Herrington advised that the actual project was already approved but was simply reduced within the scope with no need for city council to take action but that they could affirm the changes. Councilwoman Newton commented that without the attached proposed agreement she couldn’t support the proposed document. Will Herrington advised this would be a circumstance to review the contract to see how significant the changes were and if the changes are insignificant or is a reduction of what was original approved, the mayor would have the discretion to sign the document.
Councilman Reuter moved that city council support the amendments as outlined in the change of scope as proposed. Councilwoman Logan seconded the motion. Councilwoman Newton raised concern that there were two parking spaces within a city easement which are currently leased by a private company with the revenue paid to them. Mr. Robertson explained the easement is not effective until the city does the work that makes use of the easement. Farmin Trust owns the property and is receiving the income from the parking spaces. Will Herrington responded that the parking spaces are usable until construction commences and continue to receive the revenue for the parking spaces until that time. The motion passed by a majority roll call vote of council with Councilwoman Newton dissenting.
J. RESOLUTION NO. 09-73 BONNER AND BOUNDARY COUNTY BROADBAND GRANT
Public Works Director Kody Van Dyk noted the fiber option grant for the two northern counties was submitted to the U.S. Department of Commerce’s National Telecommunications and Information (NTIA), who is responsible for issuing the funds for the grant that was done in August 2009. He said one of the delays was because the State of Idaho is not prioritizing the applications. He requested the city adopt a resolution requesting the Federal delegation to send a letter to the NTIA to rate the applications from Idaho. Mayor Hellar responded to Councilwoman Logan that she didn’t know if Senators Crapo and Risch and Congressman Minnick would sign but that their staff is recommending it. Kody Van Dyk responded to Councilwoman Newton that because the State of Idaho chose not to prioritize, it was possible that the specific amount allocated for the State of Idaho could go to other states but that every state would likely receive one grant funded but the amount could be a limited amount. He felt the city would have an additional disadvantage because of the State’s decision to not prioritize the application.
Councilwoman Logan moved that the proposed resolution, “Bonner and Boundary County Broadband Grant” be approved. Councilman Boge seconded the motion. The motion passed unanimously by council present.
K. ADA AGREEMENT
City Attorney Will Herrington noted that Mayor Hellar forwarded her letter to the Federal Highway Administration and the Idaho Transportation Department extending a settlement offer to the ADA complaint on October 22nd with the city receiving a response from ITD on November 13th. He said the letter from ITD was consistent and favorable to the mayor’s letter of October 22nd. He stated the Federal Highway Administration and Idaho Transportation Department requested several changes with no additional demands. He advised consensus was needed from city council to proceed with a draft settlement to be provided to city council at their December regular council meeting that would be consistent with the mayor’s letter of October 22nd and the response letter from ITD dated November 13th. He pointed out there were two critical issues in order to have an agreement acceptable by the State: 1) Provide specific dates as to when the curb ramps will be completed with the Public Works Department, perhaps shortening the completion time offered of five years and 2) Consider extending the deadline to implement a revised transition plan within 1½ years. The mayor will assign city staff to work on a time table for the transition plan with specifics provided at the December 16th council meeting. He said the deadline to respond with a formal draft action plan is by December 18, 2009.
Councilwoman Logan agreed that the transition plan could be completed within a year but could expand to be more specific with deadline dates. She felt the curb ramps could be completed within three years instead of five years. She stated the city was told that 1.5 inches is the figure required for curb ramps but didn’t understand the suggestion in the letter that 1.5 inches is an assessment if the structural capacity is increased. Kody Van Dyk explained the State made the definition and an agreement with the Federal Highway Administration that the structural capacity is strengthened at 1.5 inches and greater which is why the city follows the 1.5 inch requirement. He said they may require the city to go to 1 inch but would still need to meet the criteria adding structure capability to the street. He explained it’s difficult to meet the 1:50 for cross slope as referred in ITD’s letter because you have to reach 6 inches for curb height within a five foot length. He said 1:12 is how you measure the distance to meet the 6 inch curb height within the five foot distance. He said an explanation to ITD should be provided as to how the city understands the law to be. Councilman Reuter proposed the transition plan be implemented based on the goals of the comprehensive plan which addresses the need for handicapped parking downtown. He felt the City of Sandpoint is already trying to address these concerns as referred to in the recently adopted comprehensive plan.
There was a consensus from council present to proceed with a draft settlement to be consistent with the mayor’s letter of October 22nd and the letter from the Idaho Transportation Department dated November 13th. City staff will work on the two issues as recommended by the city attorney.
ADJOURNMENT The meeting adjourned at 6:38 p.m.
Gretchen A. Hellar, Mayor
ATTEST: Maree Peck, City Clerk
