OPENING: Mayor Hellar called the regular meeting of the city council to order at 5:30 p.m. on Wednesday, February 17, 2010, in the council chambers at City Hall, 1123 Lake.
ROLL CALL: Council members Snedden, Logan, Reuter, Ogilvie, Davis and Schuck were present.
INVOCATION: Pastor Harvey Riffle, Faith Evangelical Free Church of Sandpoint, gave the invocation.
PLEDGE OF ALLEGIANCE: Mayor Hellar led the council and the public in the pledge of allegiance to the flag.
Councilwoman Logan moved that city council approve the amended agenda with the elimination of the executive session and adding the Proposed Resolution for Storm Water Master Plan Development Agreement with JUB Engineers, Inc. Councilman Reuter seconded the motion. The motion passed unanimously by council.
PUBLIC FORUM
Marc Delavergne, 815 W. Poplar, referred to the Kayak Demo Day at City Beach Agreement that is on tonight’s agenda for renewal. He thanked the City for the opportunity to have this event in the City of Sandpoint for the past decade. He pointed out that the City receives $300 for parks from this annual event. He hoped to continue this event in the future.
Dyno Wahl, 109 Elliott Ave., Executive Director of the Festival at Sandpoint, stated Dave Nygren, Production Manager, and Toni Lund, Executive Assistant, were also present. She thanked the City of Sandpoint for appreciating and recognizing the cultural, educational and economic impact the Festival at Sandpoint has for the city. She thanked the City for the great relationship their organization has with Parks and Recreation Director Woodruff and Police Chief Lockwood in order to develop a more secure venue for everyone. She thanked city council and the mayor for their continued support. She noted they have had challenges for the past two years due to the economy and weather but have planned accordingly in their budget to have another successful year.
Brenda Woodward, representing the Farmers’ Market, thanked the City for their support and thanked Parks and Recreation Director Kim Woodruff, Police Chief Mark Lockwood and Fire Chief Robert Tyler for their involvement. She stated this will be the 22nd year of this event.
John Hunt, 430 Sixth Street, Ponderay, noted the Lions Club has had a 50 year history with the City of Sandpoint for the annual 4th of July parade and was very pleased with the relationship the Lions Club has had with Parks and Recreation Director Kim Woodruff, Public Works Director Kody Van Dyk, Fire Chief Robert Tyler, and Police Chief Mark Lockwood. He hoped the Lions Club will continue having their parade and community event for 50 more years.
Mayor Hellar thanked all the organizations for their dedication and that their events make the City of Sandpoint a great place to live.
City Clerk Maree Peck read into the record a note she received from Kim Queen, Executive Director of the Pend Oreille Arts Council. Ms. Queen thanked the council members, Mayor Hellar, the Sandpoint Police Department and city staff for many years of collaboration in executing the Pend Oreille Arts Council annual arts and crafts fair at the city beach. She added the 2010 arts and crafts fair will mark the 38th year of partnership with the City.
Councilman Reuter echoed the mayor’s sentiment and appreciated what the organizations bring to the City of Sandpoint, particularly during the current economic situation.
CONSENT CALENDAR
Councilwoman Logan moved that items A-1 through F-10 be approved. Councilwoman Ogilvie seconded the motion. The motion passed unanimously by a roll call vote of council.
A. MINUTES
A-1 City Council regular minutes of January 20, 2010, special minutes of January 26, 2010, and workshop minutes of January 27, 2010;
A-2 Planning Commission minutes of December 1, 2009, December 15, 2009, and January 19, 2010;
A-3 Arts Commission minutes of January 12, 2010;
A-4 Bicycle Advisory Committee minutes of December 14, 2009;
A-5 Economic Development Corporation of Sandpoint minutes of January 13, 2010;
A-6 Historic Preservation Commission minutes of December 15, 2009;
A-7 Pedestrian Advisory Committee minutes of December 17, 2009;
A-8 Tree Committee minutes of December 15, 2009;
A-9 Urban Renewal Board minutes of January 5, 2010, and January 19, 2010.
B. Bills for the month of January 2010 in the amount of $1,297,164.90, $900,750.74 of which is for accounts payable and $396,414.16 for payroll and benefits
C. COMMITTEE APPOINTMENTS
C-1 Pedestrian Advisory Committee – Kaitlin Wallis to a one-year term expiring February 28, 2011.
D. PUBLIC WORKS COMMITTEE FEBRUARY 3, 2010, MINUTES
D-1 Set a public hearing on March 17, 2010, for Sixth Avenue LID
E. ADMINISTRATIVE COMMITTEE FEBRUARY 10, 2010, MINUTES
F. RESOLUTIONS
F-1 Resolution No. 10-01 Renewal of Utility Billing Service with Billing Document Specialists
F-2 Resolution No. 10-02 Kayak Demo Day at City Beach Agreement
F-3 Resolution No. 10-03 Pend Oreille Arts Council Arts and Crafts Fair Lease at City Beach Agreement
F-4 Resolution No. 10-04 Farmers Market Agreement for Use at Farmin Park and Jeff Jones Town Square
F-5 Resolution No. 10-05 Festival at Sandpoint Memorial Field 2010 Lease
F-6 Resolution No. 10-06 Lions Club Independence Day Event at City Beach Agreement
F-7 Resolution No. 10-07 Lake Pend Oreille Cruise Boat Renewal
F-8 Resolution No. 10-08 Travers Park New Playground Structure
F-9 Resolution No. 10-09 Adoption of the State Plan for Deferred Compensation
F-10 Resolution No. 10-10 Amended Americans with Disabilities Act (ADA) Action Plan and Disputed Resolution
NEW BUSINESS
G. PEND D’OREILLE BAY TRAIL PROJECT – REVISED MEMORANDUM OF UNDERSTANDING AND SELECTION OF REPRESENTATIVE TO CITY COUNCIL FOR APPROVAL – PROPOSED RESOLUTION
Mayor Hellar announced that the proposed memorandum of understanding has not been provided. Councilman Snedden divulged he is a member of the Pend d’Oreille Bay Trail committee and is currently working with the Idaho Attorney General’s Office in drafting the memorandum. He asked the city attorney if he has a conflict on this matter. City Attorney Will Herrington advised that he could vote on the motion to table. Councilwoman Logan moved to table this item until the next city council meeting. Councilwoman Ogilvie seconded the motion. The motion passed unanimously by council.
H. RESOLUTION NO. 10-11 DECLARE HOUSE AND GARAGE LOCATED ON 726 NORTH BOYER AVENUE AS SURPLUS AND ADVERTISE FOR SALVAGE
Councilman Reuter moved that the proposed resolution “Declare House and Garage Located on 726 North Boyer Avenue as Surplus and Advertise for Salvage” be approved. Councilwoman Logan seconded the motion. The motion passed unanimously by council.
I. PEDESTRIAN TREATMENTS AT INTERSECTIONS
Councilman Reuter referred to the list of proposed improvements provided by the Public Works Department, and the material provided reflects the recommendations from the Pedestrian Advisory Committee and Bicycle Advisory Committee. He stated the reason why the Public Works Committee recommended to exclude in-pavement lights is because of the expense, concerns of effectiveness and the ability to maintain.
Public Works Director Kody Van Dyk stated, if the project is approved, he expected to have the project on the ground in two months for a majority of the items. He expected to receive the spot signals within eight weeks, and the thermoplastic markings would be installed depending on the weather. He noted the pedestrian refuge would take the longest because it would entail negotiations with the Idaho Transportation Department. He expected the in-lane signage to be completed within the next month, primarily with approvals from the Idaho Transportation Department.
Councilman Reuter moved to authorize the Public Works Department to move forward with all the projects listed under the Estimated Material & Labor of Proposed Pedestrian Treatments with the exception of in-pavement lights. Councilwoman Logan seconded the motion.
Councilman Snedden raised concern whether this would be the best way to spend unexpected windfall. He felt the City would be spending a considerable amount on pedestrian improvements when they may not be necessary after the bypass was completed, particularly when there will be 50% less traffic traveling through town. He asked if these were priority projects with the Public Works Department. Mr. Van Dyk responded this was a priority based on the two most recent fatalities. He noted his department will exclude asphalt paving from their budget. He stated, after the bypass completion, the city would still be experiencing over 50% traffic flow from what the City currently has with the expectation to have signalized intersections and pedestrian crossings. He felt this would be money well spent as a long term benefit for pedestrian safety. He stated this will add maintenance requirements in the future, but it would still be a benefit for pedestrian safety.
Councilman Reuter pointed out it’s apparent from the Police Department studies that over 10% of vehicles traveling through Sandpoint do not stop for pedestrians and felt it should be a priority. Kody Van Dyk agreed with the reallocation of the funds from the capital improvement project for transportation, snow fund and asphalt. He said if the funds were not allocated for pedestrian improvements, they would continue to proceed with the $250,000 asphalt overlays, rebuild Pine Street to Lake Street and Ella Avenue. He said the allocation of snowfall windfall funds should be up to the discretion of the mayor.
Police Chief Mark Lockwood felt the proposed pedestrian treatments would provide increased visibility, with in-pavement lights as the most effective, and solar signals would be very functional systems. He pointed out there would be some streets that won’t be addressed but that it would be a phased approach. He felt the project would make a statement to the community and those who drive within the City. Councilman Reuter noted the project will cost less than ¼ of the cost to rebuild a single street and felt it was appropriate to allocate the funds for pedestrian safety. Councilwoman Logan was comfortable with the projects as identified. She felt this would be the opportunity for the city to purchase thermoplastic heaters and materials, as there was discussion during the budget process that they were needed but that the City didn’t have the funds. She noted those problematic intersections identified by Safe Routes to Schools and Fifth Avenue and Oak Street would have the signage needed from this project. She stressed the need to look at other infrastructure in an equitable fashion. Councilman Snedden suggested that when the city has unexpected funds to look at how else the City could spend the funds and if it’s the best way to spend them. He felt, in this situation, it was the best way to spend the money.
The motion passed unanimously by council.
J. RESOLUTION NO. 10-12 MULTI-JURISDICTIONAL RESOLUTION TO STATE LEGISLATURE IN SUPPORTING PASSAGE AND ENACTMENT OF LAW PERTAINING TO USE OF ELECTRONIC DEVICES WHILE OPERATING MOVING VEHICLES
Councilwoman Logan moved that the proposed resolution “Multi-jurisdictional Resolution to State Legislature in Supporting Passage and Enactment of Law Pertaining to Use of Electronic Devices While Operating Moving Vehicles” be approved. Councilwoman Davis seconded the motion.
Councilman Reuter moved to amend that “electronic devices” within the entire resolution be replaced with “cell phones.” Councilman Snedden seconded the motion for purposes of discussion. Councilwoman Logan noted that the police chief forwarded information on Senate Bill 1352, which defines texting and adds language under inattentive driving to make texting an indicator of inattentive driving. Councilman Reuter raised concern that the resolution suggests the opinion of city council is to restrict or prohibit the use of electronic devices while operating motor vehicles on all public roads within the State of Idaho. He believed there should be restriction on some electronic devices and felt the overly broad language was not necessary. Councilwoman Ogilvie stated the City of East Hope and City of Dover passed the proposed resolution. She said she began discussion with the Bonner County Commissioners. She explained the proposed resolution would support legislation. She noted similar bills proposed to the State legislature in 2008 and 2009 failed. She was encouraged with the current bill with the amendment to add restrictions on texting and felt it was the least the City could do to provide their support in order to encourage passage by State Legislature.
Councilman Snedden pointed out the proposed resolution is multi-jurisdictional, and if any modifications were made to the resolution, it would have to be presented to all other jurisdictions again for approval. Councilwoman Ogilvie pointed out the bill has gone through the printing process for legislation, and time is of the essence. She stated she spoke with Senator Keough, who viewed the proposed resolution would provide more power. Councilman Reuter withdrew his amended motion. Councilman Snedden withdrew his second.
The motion passed by a majority of council, with Councilman Snedden dissenting and Councilman Reuter abstaining.
K. OPEN RIGHTS OF WAY TO PUBLIC BEACH ACCESS
Councilman Snedden explained he proposed to the Administrative Committee that the City open five rights of way that terminate to the water. He stated the Administrative Committee recommended approval that a letter be sent by city staff to adjacent property owners acknowledging the public rights of way. City Attorney Will Herrington advised even if rights of way have never been opened but platted, they will always be City rights of way. He referred to an Idaho case where the Worley Highway District tried to open an access to Lake Coeur d’Alene. There was a quiet title action by a beach club that owned the land adjacent to the right of way. The District Court judge stated the right of way was abandoned because it was never opened, but the Idaho Supreme Court stated, once the property is properly dedicated and accepted by the jurisdiction, the property is a right of way. Mr. Herrington noted any future encroachments on the right of way can be removed by the city anytime. He raised concern that the adjacent property owners could be upset by a letter from the City. He preferred city council make the motion that the rights of way be considered in the near future Parks Master Plan, which would give the City the opportunity to evaluate the legal boundaries of the rights of way and would allow the City to conduct planning as to what will be placed in the rights of way with the primary function to allow public access. He pointed out a parks design in these rights of way should have a transportation element. He suggested, when the legal boundaries have been determined and whether the City can access the water, then that would be the time for the City to notify the adjacent property owners that the City was in the planning stage for the rights of way. He recommended that the adjacent property owners participate in the planning process.
Councilman Reuter said, currently, as part of the Parks Master Plan efforts, there has been review of these various rights of way, such as determining whether those at the water are vacated, what belongs to the City and what property belongs to the property owners. He said the next step would be to schedule a design workshop within the next two months to include those interested property owners adjacent to the rights of way.
Councilman Snedden moved that city staff conduct research and come back to the March 17, 2010, regular council meeting with an evaluation of the City’s legal rights to use the rights of way and options for vacating or using the rights of way for public access and public beach access in the future. Councilwoman Logan seconded the motion.
Councilman Snedden said he would like to see the five public rights of way that terminate at the water become community neighborhood parks and stated this would be the first step in evaluating rights of way. Councilman Reuter raised concern the rights of way not be designed for parks until the City has community input first. Councilman Snedden noted that public rights of way have a requirement that they be used for transportation purposes and would like to see options on how the City would use the rights of way for public beach access in the future in order to incorporate into the planning process. He said when the Parks Master Plan was completed, the City would know whether to vacate the rights of way in order for the community to utilize the rights of way, and the individual communities would take part in planning parks for their neighborhoods. He said his proposal at the Administrative Committee was to send a letter to adjacent property owners, but he wanted to go ahead and follow the city attorney’s advice. Councilwoman Logan commented this was an important step to take, and it would be useful for the public to know whether they can use the beach accesses. Mr. Herrington stated city staff has already conducted research on this issue, and Councilman Snedden’s motion was consistent with what the staff plans to do.
The motion passed unanimously by council.
L. CREATION OF JOINT PLANNING COMMISSION
Councilman Snedden announced he proposed at the Administrative Committee the consideration to create a joint planning commission with Bonner County and the City of Ponderay, with no recommendation from the Administrative Committee. City Attorney Will Herrington raised concern that the proposed joint planning commission would replace the existing Planning Commission. He stated the proposal has merit for concerns for Areas of City Impact (ACI) and felt this would be an opportunity to contact the City of Ponderay and Bonner County to see if they would consider having a joint planning commission to discuss issues with the ACI.
Councilman Snedden moved that city council support the creation of a joint planning commission with Bonner County and the City of Ponderay on water, sewer, transportation and ACI issues. He said he would discuss the idea with other jurisdictions and would come back to city council with a comprehensive proposal, if approved. Councilwoman Logan seconded the motion.
Councilman Reuter stated his primary concern with Bonner County is to have an ACI agreement, as referred to in the comprehensive plan. He raised concern that this proposal would add bureaucracy to the process. Councilman Snedden raised concern that the City continues to make decisions with water, sewer, transportation planning and the ACI, which impact Bonner County and the City of Ponderay, and viewed the creation of the joint planning commission as a body that would facilitate communication. He hoped the joint planning commission would include the Cities of Kootenai and Dover in the future. He referred to Councilwoman Logan’s idea that there be a regional comprehensive plan so that the planning and growth in surrounding communities is considered. Councilwoman Logan commented that the City’s water district serves beyond the Sandpoint city limits and that there is a vision of a regional waste water treatment plant. She felt it necessary to have a mechanism to discuss these issues with other jurisdictions and supported the idea. Councilman Reuter preferred, rather than organizing another governing body, to have another joint meeting with other jurisdictions. Councilwoman Davis supported the proposal, as it would increase efficiency of resources. She pointed out that Councilman Snedden will bring a proposal back to city council before the joint planning commission is formulated.
The motion passed by a majority of council, with Councilman Reuter dissenting.
M. RESOLUTION NO. 10-13 STORM WATER MASTER PLAN DEVELOPMENT CONTRACT WITH JUB ENGINEERS, INC.
Public Works Director Kody Van Dyk explained the Public Works Committee and himself served as the selection committee for the consultant that will be hired to develop the storm water master plan. He stated the committee selected JUB Engineers, Inc. He noted the scope of work was not fully developed with the Public Works Committee meeting next week to review and approve the scope of work. He suggested the mayor be authorized to sign the contract after the Public Works Committee approved the scope of work.
Councilman Reuter moved that the mayor be authorized to sign the contract once the Public Works Committee and City Engineer finalize the scope of work and that the proposed resolution “Storm water Master Plan Development Contract with JUB Engineers, Inc.” be approved. Councilwoman Ogilvie seconded the motion. The motion passed unanimously by roll call vote of council.
ADJOURNMENT: The meeting adjourned at 6:30 p.m.
Gretchen A. Hellar, Mayor
ATTEST: Maree Peck, City Clerk
