MEMBERS OF THE CITY COUNCIL:

Transcription

1 March 4, 2008 MEMBERS OF THE CITY COUNCIL: Sandi Bloem, Mayor Councilmen Edinger, Goodlander, McEvers, Bruning, Hassell, Kennedy

2 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF COEUR D ALENE, IDAHO, HELD AT THE LIBRARY COMMUNITY ROOM, FEBRUARY 19, 2008 The Mayor and Council of the City of Coeur d Alene met in a regular session of said Council at the Coeur d Alene Library, February 19, 2008 at 6:00 p.m., there being present upon roll call the following members: Sandi Bloem, Mayor Al Hassell ) Members of Council Present Woody McEvers ) Loren Edinger ) Mike Kennedy ) John Bruning ) Deanna Goodlander ) CALL TO ORDER: The meeting was called to order by Mayor Sandi Bloem. INVOCATION was led by Reverend Ron Hunter, Church of the Nazarene. PLEDGE OF ALLEGIANCE: Councilman Goodlander led the pledge of allegiance. PUBLIC COMMENTS: Mayor Bloem called for public comments with none being received. CONSENT CALENDAR: Motion by Kennedy seconded by Edinger to approve the Consent Calendar as presented. 1. Approval of minutes for February 5, Setting General Services Committee and Public Works Committee for Monday, February 25th at 12:00 noon and 4:00 p.m. respectively. 3. RESOLUTION : A RESOLUTION OF THE CITY OF COEUR D'ALENE, KOOTENAI COUNTY, IDAHO AUTHORIZING THE BELOW MENTIONED CONTRACTS AND OTHER ACTIONS OF THE CITY OF COEUR D ALENE INCLUDING DECLARING CERTAIN COMPUTER EQUIPMENT AS SURPLUS AND APPROVING A LOCAL PROFESSIONAL SERVICES AGREEMENT WITH J-U-B ENGINEERS, INC. FOR THE ATLAS BIKE PATH EXTENSION. 4. Authorizing staff to prepare an ordinance for pavement installation for streets and alleys as a requirement of the building permit approval process. 5. Approval of transfer of beer/wine license for Paddy's to James Wymer and Debbie Wymer. 6. Approval of beer/wine license for Wild Waters at 2119 N. Gov't Way. 7. Approval of bills as submitted and on file in the Office of the City Clerk.

3 8. Setting of public hearings: O expanding the role of the Design Review Committee for March 18, 2008 and O amending the existing design review regulations for March 18, Setting of public hearing for water rate amendments for March 18, ROLL CALL: Hassell, Aye; Goodlander, Aye; Kennedy, Aye; McEvers, Aye; Bruning, Aye, Edinger, Aye. Motion carried. COUNCIL COMMENTS: COUNCILMAN KENNEDY: Councilman Kennedy congratulated the CHS Girls Basketball team for winning their State championship this past weekend. COUNCILMAN EDINGER: Councilman Edinger asked Mayor Bloem to comment on the recent article in the local newspaper regarding the Higher Education Corridor. The Mayor explained in reference to the comments made by Mayor Larkin regarding the $1.0 million earmarked for the NIC Education Corridor, those funds have been earmarked for years. Another item that came out in the article was that Mayor Larkin came out in opposition to the North Idaho Education Corridor funding commenting that it was being funded through the sale of the workforce training property in Post Falls. Mayor Bloem noted that this cannot happen since North Idaho College does not own the land. APPOINTMENT - URBAN FORESTRY COMMITTEE AND DESIGN REVIEW COMMITTEE: Motion by Edinger, seconded by Goodlander to appoint Glenn Truscott to the Urban Forestry Committee and re-appoint Jon Mueller and Mike Dodge to the Design Review Committee. Motion carried. ADMINISTRATOR'S REPORT: City Administrator, Wendy Gabriel, cautioned residents of a scam regarding the purchase of time shares the BBB of Eastern Washington, North Idaho and Montana, reported that your caller ID may show a name that looks like a legitimate buyer and the person may tell you that they have a cashier s check ready to immediately purchase your time share. However, this is a scam and if you receive a call, please contact the BBB and remember not to give out any personal information over the phone. Better Business Bureau Serving Eastern Washington, North Idaho & Montana -152 S. Jefferson, Suite 200, Spokane, WA or RESOLUTION NO A RESOLUTION OF THE CITY OF COEUR D'ALENE, KOOTENAI COUNTY, IDAHO ENDORSING THE SHARED PRINCIPLES AND COMMON GOALS RELATED TO THE RATHDRUM PRAIRIE AS PROPOSED BY KOOTENAI COUNTY AND OTHER CITIES. STAFF REPORT: Wendy Gabriel, City Administrator, reported that this is a proposed partnership with Kootenai County, the cities of Post Falls, Hauser, Rathdrum and Hayden who will be readjusting their Areas of City Impact agreements. Although Dalton Council Minutes Feb. 19, 2008 Page 2

4 Gardens and Coeur d'alene do not have an impact on what will happen on the Rathdrum Prairie, they have been invited to the join in meetings to collaborate in this process. Motion by Goodlander, seconded by Kennedy to adopt Resolution ROLL CALL: Edinger, Aye; Bruning, Aye; McEvers, Aye; Goodlander, Aye; Kennedy, Aye; Hassell, Aye. Motion carried. RCA REQUEST FOR ANNEXATION BY RIVERSTONE WEST, LLC: Motion by Hassell, seconded by Kennedy to allow the applicant to move forward with the formal application for the annexation process. Motion carried. EXECUTIVE SESSION: Motion by Goodlander, seconded by Edinger to enter into Executive Session as provided by I.C C: To conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency; and F: To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation or controversies not yet being litigated but imminently likely to be litigated. The mere presence of legal counsel at executive session does not satisfy this requirement; ROLL CALL: Hassell, Aye; Goodlander, Aye; Kennedy, Aye; McEvers, Aye; Bruning, Aye; Edinger, Aye. Motion carried. The Council entered into Executive Session at 6:13 p.m. Members present were the Mayor, City Council, City Administrator, Deputy City Administrator and City Attorney. Matters discussed were those of property acquisition and pending litigation. No action was taken and the Council returned to regular session at 7:15 p.m. ADJOURNMENT: Motion by Edinger, seconded by Kennedy to recess this meeting to February 21st at 12:00 noon in the Council Chambers for CDBG Funding Workshop. Motion carried. The meeting recess at 7:16 p.m. ATTEST: Sandi Bloem, Mayor Susan K. Weathers, CMC City Clerk Council Minutes Feb. 19, 2008 Page 3

5 A CONTINUED MEETING OF THE COEUR D'ALENE CITY COUNCIL FEBRUARY 21, 2008 CITY HALL FORMER COUNCIL CHAMBERS The City Council of the City of Coeur d'alene met in a continued session on February 21, 2008 at 12:00 noon in the former Council Chambers in City Hall there being present a quorum upon roll call Sand Bloem, Mayor John Bruning ) Members of Council Present Deanna Goodlander ) A. J. Al Hassell, III ) Woody McEvers ) Ron Edinger ) Mike Kennedy ) Staff Present: Jon Ingalls, Deputy City Administrator; Susan Weathers, City Clerk; Troy Tymesen, Finance Director; Renata McLeod, Project Coordinator; Wendy Gabriel, City Administrator. Kay Kitchel and Nelle Coler consultants from Panhandle Area Council. Guests: Meredith Bryant and Jim Brannon of Habitat for Humanity. CALL TO ORDER: Mayor Bloem called the meeting to order. WORKSHOP - COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING: Project Coordinator Renata McLeod reviewed the funding requirements for HUD funding. She noted that today's workshop will focus on the City's Goals 3 and 4 which are: Goal 3 - improve the City's sidewalks to make them more accessible to persons with disabilities, and Goal 4 - Continue with neighborhood revitalization efforts including code enforcement, to improve the condition of housing and commercial properties in low income areas. Nelle Coler reviewed the process for applications for funds that fall within the two goals. She noted that HUD funding for the above noted goals be treated as a loan program at a 3% interest rate which is a rate used by other cities and with an incentive of 0% interest if repaid within 5 years of loan. She reminded the Council that this is a formal application process whereby the first part of the application is to determine the applicant's eligibility for HUD funds. Councilman Goodlander asked if the issue of doing loans was a HUD requirement or a City decision. Troy Tymesen noted that it was a decision of the City since Goals 3 and 4 are for current homeowners who have an asset, their homes, and by receiving HUD funds it would increase the value of their home and that the homeowner could realize that added value with the sale of their property.

6 Ms. Coler noted that the requirements for being eligible for applying for this funding are: 1) Owner occupied- single family dwelling, 2) Have homeowner's insurance, and 3)Eligible need. She noted that the ranking criteria for processing the applications are: 1) Those that need essential services (ranked by date received or prioritized by need), and 2) Any remaining funds will be used on a first come - first serve basis. Ms. Coler then asked the Council to list the pros and cons for prioritization of applications vs. processing applications on a first come- first serve basis. Councilman McEvers asked if there are any processes already established. Renata McLeod responded that there are many other cities that have already set up their application process such as Idaho Falls who uses 2 low income housing service groups and Pocatello who uses a committee review process. Councilman Kennedy asked what would be the result for the City for those applicants who later file bankruptcy that the City has placed a lien on their property for the loan. Troy Tymesen responded that the City would not do a title report on the property and if the applicant later filed bankruptcy, due to the small amount of the lien, it would be considered a secondary lien and the City would probably not be paid. Councilman Goodlander asked about a scenario whereby an elderly couple on a very limited income needs to have their sewer line replaced but does not have any funds to do so. Mr. Tymesen responded that this couple could look at a reverse mortgage. Ms. Coler also noted that they could also get some help from the community in replacing their sewer line for the $3,000 amount given through this program. Ms. Coler proposed the following timeline for HUD funding: March 31, approval of Application form - part A April 30, approval of application form - Part B April 7, 2008 (week of) - Press release/announcement/marketing activities May 15, Deadline for submission of applications She noted that the Council will need to decide the deadlines for receipt of Application - Part B and begin funding rehabilitations. Councilman Goodlander asked what PAC services will be providing to the City. Nelle Kitchel responded that they are doing the administration services, paperwork, forms, verification process of the low-moderate income person, document activities for compliance with HUD requirements; however, the City will need to determine the criteria for the ranking of project applications. Councilman McEvers voiced his concerns of having a review committee in determining how the funds are to be awarded. Mayor Bloem noted that the bottom line is the City is responsible for the HUD funds and so this first year the Council will need to commit more time in determining how the City wants this program to work which cannot be done by a committee. Councilman Hassell suggested that we collect various criteria from other cities to help the City decide on their criteria for distributing funds.

7 Renata McLeod summarized that the Council is not looking at the first come-first serve process but rather would like staff look at other cities for their criteria. Councilman Goodlander would like flexibility in the program. Councilman McEvers also suggested that we ask other Cities got started with their programs. Mayor Bloem asked Mrs. McLeod to ask cities for information regarding interest-no interest loans, maximum and minimum amounts and flexibility, committee/commissions set up and what their responsibility is, 1st year experiences - what works best and what does not - and do they use partners for support and how do they identify those partners. ADJOURMENT: Motion by Edinger, seconded by McEvers that there being no further business, this meeting is adjourned. Motion carried. The meeting adjourned at 1:10 p.m. ATTEST: Sandi Bloem, Mayor Susan K. Weathers, CMC City Clerk

8 RESOLUTION NO A RESOLUTION OF THE CITY OF COEUR D'ALENE, KOOTENAI COUNTY, IDAHO AUTHORIZING THE BELOW MENTIONED CONTRACTS AND OTHER ACTIONS OF THE CITY OF COEUR D ALENE INCLUDING AWARD OF BID AND APPROVAL OF A CONTRACT WITH INTERSTATE CONCRETE & ASPHALT, INC. FOR THE 2008 STREET OVERLAY PROJECT AND APPROVAL OF AMENDMENT NO. 5 TO THE AGREEMENT WITH J-U-B ENGINEERING, INC. FOR PROFESSIONAL ENGINEERING SERVICES ASSOCIATED WITH COLLECTION SYSTEM DEVELOPMENT AND REHABILITATION. WHEREAS, it has been recommended that the City of Coeur d Alene enter into the contract(s), agreement(s) or other actions listed below pursuant to the terms and conditions set forth in the contract(s), agreement(s) and other action(s) documents attached hereto as Exhibits 1 through 2 and by reference made a part hereof as summarized as follows: 1) Award of Bid and approval of a Contract with Interstate Concrete & Asphalt, Inc. for the 2008 Street Overlay Project; 2) Approval of Amendment No. 5 to the Agreement with J-U-B Engineering, Inc. for Professional Engineering Services associated with collection system development and rehabilitation; AND; WHEREAS, it is deemed to be in the best interests of the City of Coeur d'alene and the citizens thereof to enter into such agreements or other actions; NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the City of Coeur d'alene that the City enter into agreements or other actions for the subject matter, as set forth in substantially the form attached hereto as Exhibits "1 through 2" and incorporated herein by reference with the provision that the Mayor, City Administrator, and City Attorney are hereby authorized to modify said agreements or other actions so long as the substantive provisions of the agreements or other actions remain intact. [Resolution No : Page 1 of 2]

9 BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby authorized to execute such agreements or other actions on behalf of the City. DATED this 4 th day of March, ATTEST Sandi Bloem, Mayor Susan K. Weathers, City Clerk Motion by, Seconded by, to adopt the foregoing resolution. ROLL CALL: COUNCIL MEMBER BRUNING COUNCIL MEMBER GOODLANDER COUNCIL MEMBER MCEVERS COUNCIL MEMBER HASSELL COUNCIL MEMBER KENNEDY COUNCIL MEMBER EDINGER Voted Voted Voted Voted Voted Voted was absent. Motion. [Resolution No : Page 2 of 2]

10 CITY COUNCIL STAFF REPORT DATE: March 4, 2008 FROM: Dennis J. Grant, Engineering Project Manager SUBJECT: Approval of Low Bidder for the 2008 Overlay Project DECISION POINT HISTORY Staff is requesting the City Council to approve Interstate Concrete & Asphalt, Co. as the low bidder for the 2008 Overlay Project. The City of Coeur d Alene received three responsive bids: Hap Taylor & Sons, Inc. dba: Knife River $591, Poe Asphalt Paving, Inc. $536, Interstate Concrete & Asphalt, Co. $490, Engineer s Estimate $591, FINANCIAL ANALYSIS The overlay program is a budgeted item. The budgeted amount is $630,000 so there are sufficient funds. PERFORMANCE ANALYSIS The City of Coeur d' Alene received three responsive bids for this years overlay. The largest differences in the bids were in Mobilization and Traffic Control costs. The streets that will be overlaid this year are shown on the attached list. RECOMMENDATION Staff recommends a motion to approve Interstate Concrete & Asphalt, Co. as the low bidder and authorize the mayor to execute the contract for the 2008 overlay program.

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12 CONTRACT THIS CONTRACT, made and entered into this 4 th day of March, 2008, between the CITY OF COEUR D'ALENE, Kootenai County, Idaho, a municipal corporation duly organized and existing under and by virtue of the laws of the state of Idaho, hereinafter referred to as the CITY, and INTERSTATE CONCRETE & ASPHALT, CO., a corporation duly organized and existing under and by virtue of the laws of the state of Idaho, with its principal place of business at 845 W. Kathleen, Coeur d' Alene, Idaho 83815, hereinafter referred to as CONTRACTOR, W I T N E S S E T H: THAT, WHEREAS, the said CONTRACTOR has been awarded the contract for the 2008 Overlay Project according to plans and specifications on file in the office of the City Clerk of said CITY, which plans and specifications are incorporated herein by reference. IT IS AGREED that for and in consideration of the covenants and agreements to be made and performed by the City of Coeur d Alene, as hereinafter set forth, the CONTRACTOR shall complete improvements as set forth in the said plans and specifications described above, in said CITY, furnishing all labor and materials therefore according to said plans and specifications and under the penalties expressed in the performance bond bearing even date herewith, and which bond with said plans and specifications are hereby declared and accepted as parts of this contract. All material shall be of the high standard required by the said plans and specifications and approved by the City Engineer, and all labor performed shall be of first-class workmanship. The placement of asphalt overlay material shall not begin prior to Prior to July 7 th, The CONTRACTOR shall furnish and install barriers and warning lights to prevent accidents. The CONTRACTOR shall indemnify, defend and hold the CITY harmless from all claims arising from the CONTRACTOR's actions or omissions in performance of this contract, and to that end shall maintain liability insurance naming the CITY as one of the insureds in the amount of One Million Dollars ($1,000,000) for property damage or bodily or personal injury, death or loss as a result of any one occurrence or accident regardless of the number of persons injured or the number of claimants, it being the intention that the minimum limits shall be those provided for under Idaho Code A certificate of insurance providing at least thirty (30) days written notice to the CITY prior to cancellation of the policy shall be filed in the office of the City Clerk. The CONTRACTOR agrees to maintain Workman s Compensation coverage on all employees, including employees of subcontractors, during the term of this contract as required by Idaho Code Sections through Should the CONTRACTOR fail to maintain such insurance during the entire term hereof, the CONTRACTOR shall indemnify the CITY against any loss resulting to the CITY from such failure, either by way of compensation or additional premium liability. The CONTRACTOR shall furnish to the CITY, prior to commencement of the work, such evidence as the CITY may require guaranteeing contributions which will come due under the [Contract re Resolution No Page 1 of 5] EXHIBIT 1

13 Employment Security Law including, at the option of the CITY, a surety bond in an amount sufficient to make such payments. The CONTRACTOR shall furnish the CITY certificates of the insurance coverage s required herein, which certificates must be approved by the City Attorney. The CONTRACTOR agrees to receive and accept as full compensation for furnishing all materials, and doing all the work contemplated and embraced in the contract, an amount equal to the sum of the total for the items of work. The total for each item of work shall be calculated by determining the actual quantity of each item of work and multiplying that actual quantity by the unit price bid by the CONTRACTOR for that item of work. The total amount of the contract shall not exceed Four Hundred Ninety Thousand Five Hundred Twenty Four Dollars and 05/100 s ($490,524.05). Partial payment shall be made on the fourth Tuesday of each calendar month on a duly certified estimate of the work completed in the previous calendar month less five percent (5%). Final payment shall be made thirty (30) days after completion of all work and acceptance by the City Council, provided that the CONTRACTOR has obtained from the Idaho State Tax Commission and submitted to the CITY a release of liability for taxes (Form ). Payment shall be made by the City Finance Director. The number of calendar days allowed for completion of the Contract work shall be 60 calendar days. The Contract time shall commence within 10 days of the Notice to Proceed issued by the CITY herein. The CITY and the CONTRACTOR recognize that time is of the essence and failure of the CONTRACTOR to complete the work within the time allowed shall result in damages being sustained by the CITY. Such damages are and will continue to be impractical and extremely difficult to determine. Therefore, in the event the CONTRACTOR shall fail to complete the work within the above time limit, the CONTRACTOR shall pay to the CITY or have withheld from monies due, liquidated damages at the rate of Five Hundred and No/100 Dollars ($500) per calendar day, which sums shall not be construed as a penalty. IT IS AGREED that the CONTRACTOR must employ ninety-five percent (95%) bona fide Idaho residents as employees on any job under this contract except where under this contract fifty (50) or less persons are employed by the CONTRACTOR, in which case the CONTRACTOR may employ ten percent (10%) nonresidents; provided, however, in all cases the CONTRACTOR, must give preference to the employment of bona fide residents in the performance of said work. The CONTRACTOR further agrees: In consideration of securing the business of constructing the works to be constructed under this contract, recognizing the business in which he is engaged is of a transitory character and that in the pursuit thereof, his property used therein may be without the state of Idaho when taxes, excises or license fees to which he is liable become payable, agrees: [Contract re Resolution No Page 2 of 5] EXHIBIT 1

14 1. To pay promptly when due all taxes (other than on real property), excises and license fees due to the State of Idaho, its subdivisions, and municipal and quasi-municipal corporations therein, accrued or accruing during the term of this contract, whether or not the same shall be payable at the end of such term. 2. That if the said taxes, excises and license fees are not payable at the end of said term but liability for said payment thereof exists, even though the same constitutes liens upon his property, to secure the same to the satisfaction of the respective officers charged with the collection thereof. 3. That in the event of his default in the payment or securing of such taxes, excises and license fees, to consent that the department, officer, board or taxing unit entering into this contract may withhold from any payment due him hereunder the estimated amount of such accrued and accruing taxes, excises and license fees for the benefit of all taxing units to which said CONTRACTOR is liable. IT IS FURTHER AGREED that for additions or deductions to the plans and specifications, the unit prices as set forth in the written proposal of the CONTRACTOR are hereby made part of this contract. For the faithful performance of this contract in accordance with the plans and specifications and payment for all labor and materials, the CONTRACTOR shall execute good and sufficient performance bond and payment bond in a form acceptable to the City Attorney each in the amount of one hundred percent (100%) of the total amount of the bid as hereinbefore stated, said bonds to be executed by a surety company authorized to do business in the state of Idaho. The term CONTRACT DOCUMENTS means and includes the following: A) Advertisement For Bids B) Information For Bidders C) Bid Proposal D) Bid Bond E) Bidding Forms as Required F) Contract G) Labor and Materials Payment Bond H) Performance Bond I) Notice of Award J) Notice to Proceed K) Change Order L) General Conditions M) Technical Specifications N) Special Provisions O) Plans P) Addenda No., dated, THIS CONTRACT, with all of its forms, specifications and stipulations, shall be binding upon the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the Mayor and City Clerk of the City of Coeur d'alene have executed this contract on behalf of said CITY, and the CONTRACTOR has caused the same to be signed by its President, the day and year first above written. [Contract re Resolution No Page 3 of 5] EXHIBIT 1

15 CITY OF COEUR D'ALENE, KOOTENAI COUNTY, IDAHO CONTRACTOR: INTERSTATE CONCRETE AND ASPHALT, CO. By: Sandi Bloem, Mayor Its: ATTEST: Susan K. Weathers, City Clerk [Contract re Resolution No Page 4 of 5] EXHIBIT 1

16 STATE OF IDAHO ) ) ss. County of Kootenai ) On this 4 th day of March, 2008, before me, a Notary Public, personally appeared Sandi Bloem and Susan K. Weathers, known to me to be the Mayor and City Clerk, respectively, of the City of Coeur d'alene that executed the foregoing instrument and acknowledged to me that said City of Coeur d'alene executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. Notary Public for Residing at My Commission expires: ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ STATE OF IDAHO ) ) ss. County of Kootenai ) On this day of March, 2008, before me, a Notary Public, personally appeared, known to me to be the, of Interstate Concrete and Asphalt, Co., and the person who executed the foregoing instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. Notary Public for Residing at My Commission expires: [Contract re Resolution No Page 5 of 5] EXHIBIT 1

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20 ADDENDUM No. 5 TO THE PROFESSIONAL SERVICES AGREEMENT WITH J-U-B ENGINEERS, INC. THIS ADDENDUM entered into this 4 th day of March, 2008, between the City of Coeur d'alene, Kootenai County, Idaho, a municipal corporation duly organized and existing under and by virtue of the laws of the state of Idaho, and J-U-B Engineers, Inc. an Idaho corporation, with its principal place of business at 7825 Meadowlark Way, Coeur d Alene, Idaho W I T N E S S E T H: WHEREAS, pursuant to Resolution No adopted the 20 th day of April, 2004, as amended by Resolution No adopted the 7 th day of September, 2004, as amended by Resolution No adopted the 18 th day of January, 2005, as amended by Resolution No adopted the 7th day of February, 2006, as amended by Resolution No adopted the 20 th day of February, 2007, the City of Coeur d'alene entered into a Professional Services Agreement with J-U-B Engineers, Inc. for professional engineering services; and WHEREAS, J-U-B Engineers, Inc. has substantially completed Amendment No. 4 of the professional services agreement which provided for 3 tasks associated with collection system development and rehabilitation, and WHEREAS, J-U-B Engineers, Inc. and the Wastewater Department desire to enter into Addendum No. 5 to said agreement for professional engineering services for 3 tasks to include design and construction related services to rehabilitate or replace approximately 10,000 to 12,000 LF of sanitary sewer lines; continue GIS maintenance, technical support, and updates into 2008 on an as-needed basis and provide the City support during inflow source removal, as more particularly described in the Scope of Services, attached hereto as Exhibit A, and incorporated herein by reference, and NOW THEREFORE, the City of Coeur d'alene and J-U-B Engineers, Inc. hereby execute Addendum No. 5 to said Professional Services Agreement. All other provisions in the original agreement adopted pursuant to Resolution No as amended by the Resolution s as written above, shall remain in full force and effect. IN WITNESS WHEREOF, the Mayor and City Clerk of the City of Coeur d'alene have executed this Addendum on behalf of said City, the day and year first above written. CITY OF COEUR D'ALENE J-U-B ENGINEERS, INC. Sandi Bloem, Mayor ATTEST: By: Its: Susan K. Weathers, City Clerk [Agreement re Resolution No : Page 1] EXHIBIT 2

21 STATE OF IDAHO ) ) ss. County of Kootenai ) On this 4 th day of March, 2008 before me, a Notary Public, personally appeared Sandi Bloem and Susan K. Weathers, known to me to be the Mayor and City Clerk, respectively, of the City of Coeur d'alene that executed the foregoing instrument and acknowledged to me that said City of Coeur d'alene executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Coeur d'alene My Commission expires: ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ STATE OF IDAHO ) ) ss. County of Kootenai ) On this day of March, 2008, before me, a Notary Public, personally appeared and, known to me to be the and, respectively, of J-U-B Engineers, Inc., and the persons who executed the foregoing instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Coeur d'alene My Commission Expires: [Agreement re Resolution No : Page 2] EXHIBIT 2

22 Re: Resolution No EXHIBIT "2-A"

23 Re: Resolution No EXHIBIT "2-A"

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31 Re: Resolution No EXHIBIT "2-A"

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33 Re: Resolution No EXHIBIT "2-A"

34 Re: Resolution No EXHIBIT "2-A"

35 Re: Resolution No EXHIBIT "2-A"

36 Re: Resolution No EXHIBIT "2-A"

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43 ANNOUNCEMENTS

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45 OTHER COMMITTEE MINUTES (Requiring Council Action)

46 February 25, 2008 PUBLIC WORKS COMMITTEE MINUTES COMMITTEE MEMBERS PRESENT Council Member Mike Kennedy Council Member Woody McEvers Council Member Al Hassell STAFF PRESENT Warren Wilson, Chief Deputy City Attorney Christopher Bates, Project Manager John Stamsos, Senior Planner Gordon Dobler, Engineering Svcs Dir. Terry Pickel, Asst. Water Supt. Wendy Gabriel, City Administrator Jon Ingalls, Deputy City Administrator Dave Yadon, Planning Director Amy Ferguson, Committee Liaison Item 1 Agreement for Professional Engineering Services with J.U.B. Engineers, Inc. Request for Approval of Amendment No. 5 Consent Calendar Jim Dunn, Wastewater Project Manager, presented a request that Council authorize staff to amend the agreement with J.U.B. Engineers, Inc. for professional engineering services associated with collection system development and rehabilitation at a cost not to exceed $86, Mr. Dunn explained that the amendment would include (1) CIPP/Open Trench Sewer Rehabilitation, (2) GIS Upgrades, and (3) pursuing corrective actions of the inflow sources identified in past years. The estimated construction costs for the project would be approximately $460, Mr. Dunn clarified that J.U.B. would oversee the project and provide inspections on the construction work. In response to a question from Councilman McEvers, Mr. Dunn also clarified that CIPP (Cured in Place Place) entails entering the manhole and lining the pipe, which is all done underground. Open Trench pipe replacement requires excavation and is performed when a pipe is small and is not laid in a straight line. When the pipe is excavated, it is replaced with a larger 8 pipe. Councilman Kennedy asked if there was a requirement to put this project out to bid. Mr. Wilson, Chief Deputy City Attorney, stated that it was not necessary to put the project out to bid since it is an extension of J.U.B. s contract already in existence. Councilman Hassell recused himself for the reason that his son works for J.U.B. Engineers. MOTION by Kennedy, seconded by McEvers, to RECOMMEND City Council approval of Resolution No authorizing Amendment No. 5 to the agreement with J.U.B. Engineers, Inc. for professional engineering services associated with collection system development and rehabilitation at a cost not to exceed $86, Motion carried. Item 2 RCA-4-08 (Best Hills Meadows) John Stamsos, Senior Planner, presented a request to consider annexation of a +/- 114 acre parcel east of and adjacent to Best Hills Meadows Subdivision. Councilman Hassell explained that although this is not a public hearing, he would allow public testimony. Mr. Stamsos reviewed his staff report, which

47 consisted of general information about the site, a performance analysis and how the parcel fits in with the 2007 Comprehensive Plan, a review of public facilities, including Sewer, Water, Streets, Parks, Fire, and Police, and any physical constraints on the property. He further stated that a portion of the area of request is in the 100 year flood plain of Nettleton Gulch Creek, and the hillside portion of the subject property has extremely steep slopes with an average slope of 25%. The property is also within the Coeur d Alene Area of City Impact boundary and is contiguous with City limits. The property directly abuts residentially developed property and could be considered orderly growth. In regard to the 2007 Comprehensive Plan, portions of the property are in the Transition and Urban Reserve land use designations and the Northwest Hillside land use district. Mr. Stamsos explained that a proposed condition would be that the developer meet Water Department design criteria for storage tank sizing, minimum pressure and placing mains in streets. Councilman McEvers asked Mr. Dobler if you can build in the flood plain. Mr. Dobler explained that you can, but you have to meet strict requirements for elevations of first floor, number of openings, water proofing, etc. In regard to streets, Mr. Dobler explained that streets don t have to be specially designed for flood zones. They would most likely require culverts that would pass underneath the road. Other issues that will need to be resolved would be in regard to slopes, slope stability, and stormwater. Councilman Hassell asked about snow collection. Mr. Dobler stated that they would need to provide adequate shoulders and some area for snow storage. He further stated that since they would be private streets, the council should expect some deviations to the requirements as a solution. Councilman Kennedy asked about access to the property through only one public street Best Avenue. Deputy Fire Chief Glenn Lauper stated that assuming grades cannot exceed 8%, the streets would need to be at least 36 wide. They want to be able to evacuate people and provide adequate fire protection. In regard to Armstrong Park, Deputy Chief Lauper stated that they get called all the time to help with disputes regarding parking up there and that there is only one way in and one way out. They would recommend that Council avoid those situations in the future. In regard to water services, Assistant Superintendent Terry Pickel stated that they have a good feed on Best Avenue but they are also looking at almost 500 feet in elevation. This would require four or five pressures zones separated by pressure reducing valves in that area and they also want to make sure the tank size is adequate. Walt Haneke, representing Halco, LLC, stated that in regard to the flood plain, they have submitted considerable information to the city and to FEMA to show how the flood plain can be mitigated. They would also work with the Corp of Engineers on the wetlands and comply with all agency requirements. In regard to water service, Mr. Haneke stated that the location of the reservoir would be dependent on the highest elevation home that they propose, and then whatever the city Water Department may want to augment areas beyond their area of impact. They would work with the city to assist in making something that works not only for them, but also for future development. In regard to sewer service, Mr. Haneke stated that it is his understanding that the city would like to continue sewer on up through the Nettleton Gulch area to eliminate drain fields that are currently being used and to allow for future expansion. The annexation of the property and continuation of the sewer would be a huge benefit for future expansion and growth of the city. In regard to roads, Mr. Haneke stated that they will comply with all of the requirements set by the city. He further stated that there are two other access points besides Best Avenue that already exist. Easements

48 are available for emergency ingress and egress. In addition, they will add fire hydrants to make it easier to fight fires. They will work with the city to minimize cut slopes and fill slopes. Mr. Haneke stated that the project has not been designed yet and this is the first step. He further stated that the people that are involved in this project have built in other jurisdictions on hillsides and would be pleased to offer the opportunity to go look at those. Councilman McEvers asked about CCR s on certain parts of the property. Mr. Haneke stated that they would have to comply with whatever is already on that property. Jeff Coulter, 2692 E. Nettleton, stated that there are a lot of issues with regard to this project. He expressed concern regarding what would happen on properties surrounding the proposed annexation and wondered if the flood mitigation on the proposed property would act like a dam and cause problems upstream. He also passed out information regarding the Supreme Court s ruling on the protective covenants. Chief Deputy City Attorney Warren Wilson commented that in regard to CCR s, it is not something that the city would enforce. It is a private concern and it is up to the homeowners association to enforce those. Mr. Coulter stated that the city needs to consider the fact that the CCR s are in place. Nettleton Gulch is one of the most stable neighborhoods in the City of Coeur d Alene and the CCR s were put in place to protect that. Councilman Kennedy asked about the Yellowstone pipeline issue. Mr. Coulter stated that there have been two times when it has actually been ruptured and caused serious problems. Jena Hayenga, 2458 Nettleton Gulch Road, stated that she is a homeowner in Nettleton Gulch and is married to Dave Patzer. She asked what the public stands to gain from allowing the developer to bend the rules and build on Best Hill. The people of Nettleton Gulch have put their homes and livelihoods on the line to protect this area, and she further stated that Armstrong Park is an eyesore and a situation where the city is probably embarrassed for allowing that to occur. Ms. Hayenga further stated that the city could say No to the developer today and they could still build on the property without bending the rules through PUD s and annexation. Jim Bloxam, 3762 N. Wyatt, stated that he was the first person to buy in Nettleton Estates. There is verbiage in the covenants that talks about what the purpose of the access road is. It was to access the original 10 parcels and not to access a large subdivision. It is a private easement across his property and he pays the taxes on that land. Bill Radobenko stated that he is a managing member of Moreco, and that it is a challenging piece of property. He doesn t think they can get more than 40 sites on the whole piece of land. In regard to retaining walls, Mr. Radobenko stated that they are not an issue because they are not economically feasible. He further explained that the benefits to the city are that water issues in this section of town can possibly be resolved. In regard to sewer, they have already purchased the easement and built the sewer extension line. Mr. Radobenko also stated that the new annexation process is uncomfortable for them and he thinks that public testimony right now is premature. In the new process they don t have the opportunity to address the issues as pointed out by the staff report. He requested that they be allowed to move forward and work on the design to see if they can come up with a layout that is beneficial to the people of Coeur d Alene. Councilman Hassell explained that the new process does not short circuit the old process at all. It just gives the council a chance to look at the project a little bit earlier.

49 Councilman McEvers asked if the developer has met with the Nettleton neighbors. Mr. Radobenko stated that they have and he thinks they could come to some common ground once they have a design. It is the unknown that bothers everyone. Councilman Kennedy stated that he has not heard from anyone that there is any interest in building more on the hillsides at all and asked Mr. Radobenko to respond to that. Mr. Radobenko stated that he would disagree that the citizens in the community don t have an interest in that there are a lot of people who would like to live on the hillside. Benefits to the city would possibly include a new park, helping to connect the sewer where it needs to go eventually, and enhancing water availability in this quadrant of the city. Mr. Hanneke responded to Mr. Coulter s comments regarding the flood plain and stated that anything that would allow the flood plain to go upstream would absolutely not be done. It would not be allowed by FEMA. MOTION: Motion by Councilman Kennedy, seconded by Councilman McEvers, to recommend that Council deny the applicant s Request to Consider Annexation. DISCUSSION: Councilman McEvers stated that he does not want to see the hills go away and that he does not want to see any more houses on the hills as long as he sits in office. Councilman Kennedy stated that he doesn t think the interest is there. When he was running for City Council two years ago one of the core concerns was to not let this area become like Lake Tahoe with building in the hills and obscuring view sheds. He believes that people would buy the homes, but sees issues down the line. He would rather stay out of the flood plains, but would be willing to look at new information if it was brought to him. Councilman Hassell stated that he agrees and that, if anything, it is premature. There are too many potential engineering and city problems up there. A good example is Armstrong Hill. He sees the proposed annexation as being another potential for problems. At the present time, he does not see an overriding reason why this should go forward. Motion carried. The meeting adjourned at 5:17 p.m. Respectfully submitted, Amy C. Ferguson Public Works Committee Liaison

50 PUBLIC WORKS COMMITTEE STAFF REPORT FROM: JOHN J. STAMSOS, SENIOR PLANNER DATE: FEBRUARY 25, 2008 SUBJECT: RCA-4-08 REQUEST TO CONSIDER ANNEXATION LOCATION: +/- 114 ACRE PARCEL EAST OF AND ADJACENT TO BEST HILLS MEADOWS SUBDIVISION DECISION POINT: Halko, LLC is requesting approval of a Request to Consider Annexation of a +/- 114 acre parcel into the City of Coeur d Alene. 1. GENERAL SITE INFORMATION: A. The Site: The subject property is predominately undeveloped vacant land with one single-family dwelling adjacent to Best Hills Meadows subdivision. RCA-4-08 FEBRUARY 25, 2008 PAGE 1

51 B. Physical Constraints: A portion of the area of request is in the 100 year flood plain of Nettleton Gulch Creek. Development in a flood zone is strictly regulated by City code. Our Floodplain ordinance adheres to all FEMA requirements so that property owners will be eligible for flood insurance. The hillside portion of the subject property has extremely steep slopes with an average slope of 25%. There are some areas, however, that are much steeper than this. As such, the Hillside Overlay will apply to a major portion of the property. RCA-4-08 FEBRUARY 25, 2008 PAGE 2

52 2. BASIC LEGAL THRESHOLDS: A. Area of City Impact: The subject property is within the Coeur d'alene Area of City Impact boundary. B. Contiguity with City Boundary: The subject property is contiguous with City limits along the west property line of the subject property. C. Orderly Growth: As noted above, the subject property is contiguous with City limits and directly abuts residentially developed property within the City and is not a leap frog development. This annexation, if completed as requested, would isolate a pocket of property that would remain under county jurisdiction. Some portion of the subject property is subject to restrictive covenants that will allow no more than one home/lot per two acres. The closest City zoning district, R-1, allows roughly one home per acre. 3. BASIC PLANNING CONSIDERATIONS: RCA-4-08 FEBRUARY 25, 2008 PAGE 3

53 A Comprehensive Plan: Portions of the subject property are in Transition and Urban Reserve land use designations and the Northwest Hillside land use district. Portions of the Hillside Landmarks Special Area (2007 Comprehensive Plan page 34) may also be relevant. TRANSITION AREA NORTHEAST HILLSIDE AREA BOUNDARY URBAN RESERVE AREA Transition Area: These areas are where the character of neighborhoods is in transition and should be developed with care. The street network, the number of building lots and general land use are expected to change greatly within the planning period. Urban Reserve: These areas represent lower priorities for city growth due to natural constraints such as topography, soils, and wetlands. They also have city service constraints such as water, sewer, and police and fire protection. Northeast Hillside: RCA-4-08 FEBRUARY 25, 2008 PAGE 4

54 This location contains the highest elevations, steepest topography, and sparsest population of any region in the Area of City Impact (ACI). This district is also part of the Hillsides Special Area identified in this Comprehensive Plan and is within a vicinity that has significant physical constraints such as steep slopes, unstable and erodible soils, and the Nettleton Gulch flood plain that all make development difficult. Development of the Northeast Hillside area should reflect careful consideration to ensure preservation of views and vistas with public open space encouraged. This area is generally envisioned to be sparsely developed with preservation of its natural vegetation, views and vistas, and open space being the main priority. Where development occurs, it will be lower density residential. The characteristics of Northeast Hillside neighborhoods will be: That overall density in this area will be approximately one dwelling unit per five acres (1:5). However, in any given development, higher densities up to three units per acre (3:1) are appropriate where site access is gained without significant disturbance, terrain is relatively flat, natural landforms permit development, and where development will not significantly impact views and vistas. As the area grows, parcels not suitable for development should be preserved for open space through conservation easements, clustering and acquisitions, etc. Clustering of smaller lots to preserve large connected open space areas as well as views and vistas are encouraged. Incentives will be provided to encourage clustering. 4. BASIC SERVICE CONSIDERATIONS: A. Water: There should be adequate water from the 12 inch main at the end of Best Ave. to service the subject property with some possible to the north and west to provide fire flow and redundancy. However, portions of the property are above the maximum service elevation, which will require the creation of at least one, and possibly several, new pressure zones. The new zone(s) will require booster stations, a storage tank and possibly pressure reducing valves/stations. There are considerable operational and maintenance costs for pressure zones. In order to share the Operational and Maintenance costs among the affected residents, we do not like to have new pressure zones serving fewer than 100 houses. Some critical design elements for hillside development are: Minimum allowable static pressure at the customer side of the meter is 60 psi. Mains need to follow streets and not be run cross country. The tank will need to be sized for fire flow plus equalization with 50% left in reserve. In other words, double the fire flow + equalization = required tank size. Storage should be sized for anticipated future development within the potential pressure zone boundaries. B. Storm water: RCA-4-08 FEBRUARY 25, 2008 PAGE 5

55 Storm water conveyance and treatment in hillside developments is substantially different and more problematic than our standards over the aquifer. Because of steeper road grades and no capability for infiltration, storm water from roads must be conveyed to central locations for treatment and then discharged into existing natural drainage channels. This necessitates the formation of homeowners associations to maintain the centralized swales. Also, building sites must be carefully designed to prevent concentration or increase of runoff to adjacent properties. Drainage from slopes for building pads can also be problematic. Design of these slopes must be done so as not to create runoff to adjacent properties. C. Streets: Current public street standards for residential streets include: All streets must be curbed with concrete sidewalks on both sides. Streets must be at least 36 feet wide. Street grade cannot exceed 8%. Cul-de-Sacs cannot exceed 400 feet in length and provide a minimum radius of 50 feet. The City code provides for minor deviations to public street standards if the City Engineer can attest to their adequacy and if the Planning Commission approves such deviations. The Zoning code also allows for the Planning Commission to approve major deviations to these requirements through an approved Planned Unit Development. With the proposed annexation in a hillside area it is very likely that the developers will request deviations to the street standards and/or private streets through the PUD process. There are currently no requirements in the code for private streets. Roadway widths and grades, at a minimum meet fire code requirements and are typically discussed with staff and approved through the PUD process. Maintenance of the private streets is provided by the adjacent property owners/ home owner s association and includes plowing, paving, cleaning, etc. The City does not regulate traffic issues (signing, striping, speed limits, parking, etc.) or encroachments, street cuts, road closures, etc. However, there can be advantages in specific cases that may justify deviations to the standards. Streets in hillside areas generally have cut and fill slopes. While the Hillside ordinance provides design guidelines, it does not limit how many or where they are allowed. Also maintenance of the roadway slopes is an issue. If the street is private, it can be difficult to enforce maintenance or repair while public streets on hillsides place additional burdens on our resources. Retaining walls can be used to minimize slope height and visual impacts and reduce maintenance requirements but they add cost to development. Finally, this property is accessed by only one public street, Best Avenue. The International Fire Code requires that any development over 30 units have a second access. Therefore a second access would have to be developed. D. Sewer: RCA-4-08 FEBRUARY 25, 2008 PAGE 6

56 The subject property contains an existing sewer extension along its western border that is ready for connection. In addition, the sewer master plan calls for the Nettleton Gulch Interceptor to be routed through the subject property as depicted below. If this property is annexed and developed, the developer will need to construct the Nettleton Gulch Interceptor through the subject property as established in the sewer master plan. Portions of the subject property are within a flood plain which will require special design considerations, such as a bolt down water tight lid, to keep the wastewater and flood waters separate. Nettleton Gulch Road PROPOSED ROUTE OF SEWER INTERCEPTOR Best Avenue AREA OF REQUEST E. Parks: RCA-4-08 FEBRUARY 25, 2008 PAGE 7