OPENING: Mayor Hellar called the special workshop of the city council to order on Wednesday, January 27, 2010, at 5:30 p.m. in the council chambers at City Hall, 1123 Lake.
ROLL CALL: Council members Snedden, Logan, Reuter, Ogilvie, Davis and Schuck were present.
A. INTRODUCTION
Mayor Hellar stated the purpose of this special workshop is for department heads to identify the biggest issues they will be facing the next budget year. City Attorney Will Herrington will provide a brief tutorial on ethics of city government, and Eric Paull, Chair of the Urban Renewal Board, will provide an update on the Board’s priorities. City Council will discuss their priorities, and Will Herrington will provide an update on proposed changes to the ADA Action Plan as recommended by the State of Idaho.
B-1. ETHICS OF CITY GOVERNMENT
City Attorney Will Herrington encouraged city council to review the manuals available on the Idaho Attorney General’s website. He pointed out the Open Meetings Law provides that meetings are to be properly noticed and posted. He stated how elected officials relate to the public is important, both in public and in private. He stressed elected officials need to be concerned when making decisions outside a meeting. He said to be cautious before sending e-mails concerning city business, as they can be considered public information and could be discoverable. He said there has been discussion that each city council member has a city e-mail address separate from their personal e-mail address so that if someone requests a discovery, their personal e-mail addresses would not be involved. He noted the elected officials can review all Idaho Code sections on the website. The Local Planning Act has a separate conflict of interest provision that if an elected official has a relative requesting a rezone or conditional use permit, the elected official has to declare there is a conflict of interest and can’t vote on the matter. In planning and zoning issues, there is a distinction between legislative matters, such as the drafting of the comprehensive plan and draft zoning ordinances, and quasi-judicial matters, which involve individual issues relating to a parcel of property, such as a planned unit development, subdivision, conditional use permit or rezoning. On quasi-judicial matters that involve individual parcels of property, the property owner’s rights and the rights of those opposed to the development are considered. One element of quasi-judicial matters is having contact with people outside a hearing, which is an ex parte contact. If a council member makes a decision in advance of the matter, they may be questioned on it, as it would be an ethical violation.
He explained to Councilwoman Logan there was a case where a County Commissioner reviewed a site for a variance request, talked to the applicant and made a comment at a meeting prior to the public hearing that the County always allows variances. The Court overturned the County Commissioner’s decision and denied the County’s approval for the variance. He said, in Twin Falls County, the County Commissioners reviewed the property, didn’t disclose that they reviewed the property, and then made the decision to approve the lot divisions. The Court noted the public had a right to know when the County Commissioners reviewed the property and had the right to review the site when the Commissioners were present on the site. He noted all site visits fall into a problematic circumstance. He advised that elected officials should have the opportunity to review a site prior to a public hearing but should declare, at the beginning of the public hearing, that they went to the site. He stressed that elected officials should discuss this matter with the city attorney before they visit any specific site. He stated there should be notice in advance when elected officials or the Planning Commission view a site and to record the meeting at the site. He advised not to be in a situation to require a conditional use permit for a park, sewer pump station, water tower or anything else as a government activity. The zoning ordinance provides the city has a matter of right and doesn’t have to have a public hearing where there is an allowed use. The Bribery and Corrupt Influence Act prevents the acceptance of bribes for personal gain, restricts hiring relatives and accepting gifts with a $50.00 value or more. City Code 1-7-4 covers matters regarding disclosure, financial and personal interest, gifts and nepotism. If there is the slightest possibility there could be a conflict of interest or ethical violation, consult with the city attorney. The attorney’s advice will provide the protection of being prosecuted. He encouraged city council to attend Association of Idaho Cities (AIC) conferences and workshops.
B-2. SANDPOINT URBAN RENEWAL AGENCY
Eric Paull, Chair of the Sandpoint Urban Renewal Board, stated the Sandpoint Urban Renewal Agency has the funds to address some of the priorities set by previous council in 2005, and those priorities have been the Boards’ guiding principle since that time. The Board is now in the process of updating both the Northern and Downtown plans and is looking for input as to any priorities in the existing areas and any new projects. The Board’s priorities for the Downtown District are downtown revitalization and public parking at the city parking lot. Their priority for the Northern District is the Great Northern Road. He said the Board looked at which downtown streets are their priorities and discussed looking at the west side of Sand Creek frontage between Bridge and Cedar Streets, as only the east side will have a pathway. Other priorities are the airport, communiversity and future development at the Renova site. He noted the Board can bond for larger projects, such as Fifth Avenue curbs, with possible grant funds available.
C. PRESENTATION AND DISCUSSION OF CHALLENGING ISSUES FOR DEPARTMENT HEADS
Public Works Director Kody Van Dyk stated his priorities are water and water quality. He said the improvements to the new water treatment plant should be completed 18 months from May 2010. He said, once the new plant is in place, the city will need to discuss expansions or maintain existing boundaries. The City has three wholesale accounts with water districts and is currently in negotiations to extend their contracts, with a question as to whether these districts contribute to sprawl. There are pressures on the City’s watershed, currently, for recreation use. Lake Pend Oreille is a major source of water for the City, but there are possible concerns with development around the lake and the possibility of mussels in the lake. He pointed out there are regulation issues on the river because waste water is discharged into the river. Storm water has a threshold that, when the population of the city becomes 10,000, the Environmental Protection Agency (EPA) will require different regulations. He noted staff is currently working on a Storm water Master Plan and commented if water quality is important, then storm water is just as important. He said the City has been operating three years on an expired permit because EPA hasn’t issued a permit, primarily due to the Total Daily Maximum Load (TDML) study on the river. He stated the City purchased property that can be used for a regional waste water treatment plant or a plant used for only the City. He noted that if the broadband grant is obtained, this could be a huge economic change for the City, as fiber optic will be provided to every building in Sandpoint. He stated there was a concern with transportation, when balancing vehicles with pedestrians and bicyclists, on how to spend transportation dollars. He said the GIS system for the Public Works Department will be a big step in the future as to how it will be utilized. Councilman Schuck encouraged city council to take a tour of the water and waste water treatment plants so they know how they operate. Mayor Hellar suggested that the city council take a tour of other local sewer districts, as well. Kody Van Dyk told Councilman Snedden the City owns half of the watershed, which consists of 4,000 acres, with the Bureau of Land Management, Forest Service, Schweitzer and the State of Idaho owning the other 4,000 acres. He said a conservation easement or the City’s purchase of property would prevent development. The funds received from the City’s timber sales are used to purchase land in the watershed.
Planning Director Jeremy Grimm noted that, within the next year, the new zoning ordinances will be reviewed and adopted based on the adoption of the comprehensive plan, to be consistent with the goals and policies of the plan. Currently, there is work being done on the Commercial Code, next there will be a review of industrial zoning and residential next to the airport, then the CA-3B zone. He said one of his goals is to review the Impact Fee Capital Improvement Plan, which needs to be revised every five years. The current plan will expire in 2011. He noted there will be a need to fund the cost of hiring a consultant to revise the plan. He said several elements of the recently adopted Urban Area Transportation Plan will need to be added into the impact fees, and evaluating the acquisition of parklands created in 2005 and 2006 should be considered. The next issue is an adoption of the intergovernmental agreements within the Area of City Impact (ACI) between Bonner County and the Cities of Ponderay and Kootenai as to how water is distributed. He said there is consideration of the expansion of the GIS development. The City received a grant to establish the parcel layer for all lots in the city, with the next step being the linking of the parcels to all city data. He referred to the 2002 downtown revitalization study, with the goal to move forward with the plan and the assessment and recommendations on the modification of the urban renewal plan with a potential development plan for the Renova site. He hoped the Urban Renewal Board will call for a meeting with attendance from the public, businesses and city council to get input on urban renewal priorities.
Police Chief Mark Lockwood stated one of his department’s biggest challenges was safety and the health and welfare of the City’s citizens and visitors through the development of a strategic traffic safety plan, which could have the biggest impact for traffic enforcement. He noted a collected group of stakeholders will meet to discuss the plan and to look at the items that are data driven by the police department’s and national statistics. He said it will take collaboration from the public works and legal departments, as well as city council and volunteer groups. He said the aspect his department faces is keeping pace with impacts that face the citizens on the City and how they play on utilizing resources in order to keep the community safe. He said, for the first three quarters of 2009, there was an increase of 1.3% in total offenses from 2008 and a 10.1% increase in arrests, with a clearance rate of 48.9% to 54.5%, which means more crimes were solved. Crimes against persons increased 40% since 2008, but crimes against property declined 5.4%, and crimes against society declined 7.8% to date. He noted the Uniform Crime Reporting data does not track all incidents within Sandpoint, which are available on the FBI and State of Idaho websites. He stated another impact is the annual capital improvements in order to keep pace with the turnover in equipment and vehicles and how to leverage those assets and funds toward technology. He explained to Councilwoman Logan that he will provide a long range capital improvement plan to city council for his department. He stated the stockholder’s meeting includes the Public Works Department, the mayor, Bonner General Hospital, Lake Pend Oreille School District, Greater Sandpoint Chamber of Commerce, Panhandle Health, Pedestrian Advisory Committee, Bicycle Advisory Committee and the Downtown Sandpoint Business Association (DSBA).
Fire Chief Robert Tyler pointed out EMS and fire code legislation will be proposed. He noted the challenges his department faces is manpower in maintaining sufficient trained and experienced volunteer personnel, to have sustaining energy to provide training without having a training facility, and recruiting and retaining volunteers. He noted capital improvement projects require funding. He pointed out his department has a 1976 apparatus 65 foot aerial that now has a Class 4 rating, down from a Class 5 rating. Engine 3 is a 1978, and Engine 5 is a 1984 with an engine that was purchased in 2003. Within 15 1/2 years, Engine 5 has had 5,580 responses. Engine 11 obtained that same number of responses in 7 years. The run volume over the last year had a 20% increase, and the run volume for the department from 2000 to current is over 50%. He said the life span of a self contained breathing apparatus (SCBA) is 15 years. In 2003, his department obtained a grant of $23,000 to purchase 18 sets of self contained breathing apparatus, with a 5% match that cost $2,100 a piece. SCBAs currently cost between $3,000 and $4,000 a piece. He stressed that, in 2018, all current SCBAs will need to be replaced. The personal protective equipment costs $1,500 for pants and coats alone. He noted there are FCC changes for communication equipment that will adversely impact the fire department’s ability to communicate. He noted a dual band 700 VHF radio costs $3,500 for one portable. He stressed emergency services at the airport is a challenge, and, within the next 60 days, EMS services will be operated from the City’s fire department. Councilwoman Logan requested the fire chief forward an update on legislation for EMS, fire code and communications. Chief Tyler pointed out that, in 2003, the City had the opportunity to purchase a 700 MHZ system, valued at $1 million, for $265,000. He stated he would provide a complete run status to city council. He told Councilman Snedden that 70% of the department’s runs are EMS. He stated the City went from a Class 5 to Class 4 in 2003 or 2004 and is working on going from a Class 4 to Class 3. He explained the insurance companies run on total dollar loss within zip codes, with the potential of insurance premiums decreasing for residences and commercial based on a decrease of class ratings.
Parks and Recreation Director Kim Woodruff noted his department is currently working on the Parks Master Plan, with a draft to be provided in the spring. The level of service is based on eight acres per 1,000 for parks for funding. He said the City Marina is currently in its Phase I construction phase of a $750,000 project and expects Phase III to be completed within five years. He stated he will have to consider funding for ADA compliance for parks, grounds and buildings. He explained to Councilman Schuck the impact fees received are a revenue source to fix the park infrastructure. Approximately $300,000 from impact fees were used for the new Great Northern Park located near Travers Park.
Mayor Hellar referred to the article “Navigating the Fiscal Crisis” provided from City Treasurer Shannon Syth and commented this information is valuable for this year’s budget session. The mayor stated Ms. Syth’s concern is monitoring the fluctuating revenues, and she is taking a proactive stance on a continual basis to project what she feels the revenues will be. She noted a 3% freeze was implemented internally last year for all departments rather than cutting services, and the city was able to have a contingency fund. The projection is cities will be in worse shape this year than last year, and the City Treasurer will continue to monitor the budget. Mayor Hellar stated the City Treasurer will help on long term budgeting based on a one year budget process.
City Attorney Will Herrington stated the city prosecutor is a full time position with two part-time administrative assistants in the legal department, with a majority of the work relating to criminal cases. He noted risk management is also another element of the legal department. He pointed out the insurance contract will be coming soon, with the City currently insured through ICRMP. He felt ICRMP has been more effective in helping the city control costs, and the use of staff time has been less than with the prior insurer. He stated he has enjoyed working with ICRMP when dealing with risk management but will put it out for bid in order to receive competitive bids. He stated his position is a part-time position with concern in completing the ADA issues. He reviews all contracts and stressed it is important to have a skilled attorney when reviewing contracts. He added he is currently working on revising personnel policies and hoped to have them ready for review within the next six months. He pointed out there are issues with water districts and with surrounding cities. He noted that, if a concept of regional waste water treatment is brought forward, it will involve other entities within a ten mile radius of Sandpoint. He stated a cable television franchise contract will be implemented within the next six months. He stated the mayor felt the city would be better served with an attorney who could work full-time.
City Clerk Maree Peck noted, in the clerk’s narrative for the 2009/2010 budget, one of her major objectives is to provide the proper technology needed in the council chambers to allow the public to view all documents and presentations during council meetings. A disadvantage for presentations during council meetings, using the taller dais, is the supporting beam deters the public’s viewing of PowerPoints projected on the wall at the end of the dais. She asked city council to consider what arrangement they want in order to make the chambers user friendly for everyone, whether the current arrangement will suffice and whether the current microphones are satisfactory. She said, now that the city is adopting an ADA Action Plan, the City has to consider whether they have the methods for insuring that meetings, hearings and conferences are accessible for individuals with communication disabilities, as well as providing alternative formats for written materials. She noted the lapel microphones have been used this week as an experiment to see if the new council would want to consider using them in the future. During the budget process for this year, an additional $250 was allocated under city council office supplies for the purchase of batteries and a battery charger but was not approved by council, and there was a consensus of council that we didn’t need to use the new microphones, that the current microphones were sufficient.
She said the city council should also consider going paperless for city council agendas. This would provide the capability of having agendas on a laptop during council meetings, with less utilization of paper. Her research found the total number of paper copies made for council in 2009 was 58,158, with an average of 4,847 copies per month. The cost of paper and the Administrative Secretary’s time to make copies and compile council packets would pay for the purchase of laptops within one to two years. There is consideration as to the publication and codification costs due to the new zoning ordinances. She stated there should be review as to whether or not the city should raise the fee for business registrations and public assembly/parade permits in order to accommodate staff’s time when reviewing the issues of concern for events. Councilwoman Ogilvie suggested the city work with the DSBA regarding the impacts it has on businesses when there are events downtown.
Mayor Hellar called for a break at 7:07 p.m. The meeting reconvened at 7:15 p.m.
D. DISCUSSION OF COUNCIL PRIORITIES
Councilman Snedden stated that one of his goals was to work with a regional Planning Commission, to include the City of Ponderay and Bonner County, initially, as advisory, with the idea to include the City of Kootenai in the future. This group would review transportation, sewer, water and planning and zoning issues. He hoped to research for the creation of a property tax exemption program for affordable housing. His goals for the parks department is to begin the process of opening four rights of way for public lake access for four streets that end in the water, in order to have more waterfront access for citizens without making major improvements right away. His goal for the fire department was for EMS system design. He wants to simplify the City’s employee leave policies, possibly for only new hires. He is interested in a treed median placed on Fifth Avenue, the creation of a dog park, residences in the downtown area, development control over watershed areas through conservation easements or property purchases, exploring regionalization of sewer and water, reciprocal aid agreements for police and fire departments, and the creation of a waterfront amphitheater.
Councilwoman Logan hoped that the “curve” would happen sooner rather than later, to have a regional plan for development of waste water, to work with the Cities of Kootenai and Ponderay on water boundary expansions, continued process in implementing the comprehensive plan, long term capital improvement plans, specifically equipment and facility needs for the fire and police departments, a method for funding from other municipalities in support of the Parks and Recreation Department, an additional employee in the finance department so the City Treasurer can utilize her skills in order to increase efficiency within the City, to have a full time city attorney and retain the city’s prosecutor in the current capacity, and she supported the enhancement of ADA compliance. She commented she wanted to remain at the old dais.
Councilman Schuck hoped the city would participate in working with the Bonner County airport, work with Bonner County to make the community regional in several aspects, to proceed with implementation of the comprehensive plan and review housing impact fees. He felt there should be more public awareness of their need to be part of the process and for the public to feel more comfortable when speaking at city council meetings. He hoped the city council would have better communication and understanding of Bonner County Area Transportation (BCAT). He intended to have a great relationship with department heads and employees.
Councilman Reuter stated he would like to see urban renewal look at education and job creation downtown. His goals were to complete implementation of the comprehensive plan and to have it completed by the end of this year, with final adoption in January 2011. He hoped to see the Parks Master Plan completed within the next six to eight months. He felt the Storm water Master Plan was important. He wanted the city to continue with the NeighborWoods program, as trees and beautification fit in with improving water quality. He wants to aggressively pursue pedestrian safety, particularly in terms of the capital improvements necessary to make it safe to cross the streets anytime. He stressed the importance of having multi-modal transportation infrastructure, particularly in north Sandpoint, as the streets have been neglected, and continuing to find revenue for improvements for streets downtown. He felt there should be better understanding for public safety needs.
Councilwoman Davis stated her priorities are to have natural resource protection, public safety, best management practices for the Parks Master Plan and Storm water Master Plan, to explore how other departments can integrate storm water issues, for water quality to be more prevalent in conversations, capital improvement funding, maintain open communication with department heads, connectivity between parks and major neighborhoods, help the community to be become more sustainable and to foster intergovernmental coordination with Bonner County.
Councilwoman Ogilvie hoped to also have intergovernmental coordination with Bonner County and other local municipalities. She stated she was looking forward to having a good working relationship with department heads, as she needed more information from them in order to make decisions.
Mayor Hellar commented that the city is facing some massive issues and opportunities and was interested in economic development in order to encourage local businesses to become a production engine in Sandpoint. She stated a second meeting will be scheduled tomorrow to discuss economic culture and infrastructure that will involve the Economic Development Corporation of Sandpoint, Urban Renewal Board, Michael Whitley of Panhandle State Bank and the Bonner County Economic Development Corporation and possibly the Greater Sandpoint Chamber of Commerce and Downtown Sandpoint Business Association.
E. UPDATE ON ADA ACTION PLAN
City Attorney Will Herrington noted that city council adopted the Action Plan in December 2009, and it was forwarded to the State. He pointed out the State Attorney General’s Office is the entity where the City forwards the plan for review, but the Federal Government who will enter into the agreement with the City. He said the State’s only significant recommendation is to add a provision to the plan relating to removing obstacles on sidewalks. The revised Action Plan will be provided to the Administrative Committee, then to city council at their regular meeting in February. Councilman Reuter felt this matter should be brought to the Public Works Committee. Mr. Herrington explained the revision to the Plan will include language that the City will also review policies relating to sidewalk obstructions and will take steps to remedy those issues. Another concern the State has is they felt the City’s proposed timeline was too short and suggested having a longer timeline to implement the adoption of the transition plan. The deadline for inventory will remain the same. He hoped to come back with a settlement agreement sometime within the six months. He said the potential challenges that some other cities have experienced is a major portion of the budget was dedicated to implementing accessibility construction.
He noted the City of Post Falls went to paperless council agendas approximately six years ago, with a savings on the cost of paper. He stated he is on the AIC Legislative Committee and will be in Boise tomorrow to review the EMS issue. Five attorneys are on the Committee who review all bills that affect cities. He said he will provide a memo to city council next week with an update of issues that will concern cities. He said he attends the city attorneys’ meeting and hoped city council will continue to budget for this meeting in the future. He felt it important for staff to attend meetings available through AIC, as a relationship is established with other city staff in order to express the same problems among cities. Councilwoman Logan stated she is interested in legislation that would allow the City to use EMS funds from Bonner County for the City’s operation of EMS services and hoped city council would be supportive. Mr. Herrington stated, for several years, local governments and fire districts provided this type of service and lobbied the State every year. The State finally passed a measure to allow Counties to tax for these types of service, which was originally created for a funding mechanism. Many Counties felt it was a mechanism which gave them the exclusive right to provide these services. Even communities who have been willing to fund these services have had problems with Counties telling them they were not allowed to. Will Herrington stated he will remain as the city attorney until the city hires someone else and will train the new attorney. Mayor Hellar stated she will comprise a selection committee for city attorney applications of two department heads, two council members, and the mayor and city attorney. She said the entire city council would be involved in the interviews when three potential candidates are selected. She said she would provide a list of her appointments of council liaisons for city commissions/committees to city council by the end of the week.
Planning Director Jeremy Grimm briefly provided an update on the energy grant that was applied for in November 2009, which resulted in the City receiving $250,000 to build a demonstration thermal grid at the City’s property near the airport. He noted the City didn’t receive the entire $500,000 applied for, which would make completion of the project difficult. He stated he applied for a similar grant for conversion of government buildings, which would help fund the hookup to the Bonner Business Center, Lead Lok and city shop with the thermal energy created from the wood biomass boiler and will receive notification in March 2010 on the grant. He said he will keep council informed.
ADJOURNMENT The special workshop adjourned at 8:07 p.m.
Gretchen A. Hellar, Mayor
ATTEST: Maree Peck, City Clerk
