MINUTES OF THE CITY COUNCIL MEETING FOR THE CITY OF HAYDEN, KOOTENAI COUNTY, IDAHO. February 9, 2016

Transcription

1 MINUTES OF THE CITY COUNCIL MEETING FOR THE CITY OF HAYDEN, KOOTENAI COUNTY, IDAHO February 9, 2016 Regular Meeting: 5:00 PM Hayden City Hall, Council Chambers, 8930 N. Government Way, Hayden, ID CALL TO ORDER Mayor Griffitts called the meeting to order at 5:OOpm ROLL CALL OF COUNCIL MEMBERS, and Council Members Roetter, Panabaker, and DeLange were present. FLAG SALUTE Mayor Griffitts asked Greg Delevan to lead the pledge of allegiance. ADDITIONS OR CORRECTIONS TO THE AGENDA There were no additions or corrections to the agenda. 1. CONSENT CALENDAR A. Approval of January 11, 2016 Joint HURA/City Council Meeting Minutes B. Approval of January 19, 2016 Special City Council Meeting Minutes C. Approval of January 26, 2016 Regular City Council Meeting Minutes D. Approval of FJ Management, Inc. Easement and Right-of-Way Dedications E. Approval of Hayden Bible Church Easement and Right-of-Way Dedications F. Approval of Contractual Services Agreement with Chris Guggemos d/b/a Handshake Productions for the 2016 Summer Concert Series G. Approval of Public Assembly/Event Permit for Massey/Lauritzen Wedding at Stoddard Park H. Approval of Bills for Payment After reading the consent calendar, Mayor Griffitts called for any discussion. Deputy City Clerk Abbi Landis noted an error with the adjournment time in Item la, stating is should read 4:51pm not 5:51pm. Mayor Griffitts then called for a motion to approve the Consent Calendar. The motion was made by Council Member Panabaker. provided the second. Hearing no response to a call for any further discussion, Deputy City Clerk Abbi provided a roll call vote. All members were in favor and the motion was approved. 2. VISITOR/PUBLIC COMMENTS (5 Minutes Maximum on Non-Agenda Items) Dean Stuart, residing at 8568 Salmonberry Loop, had a patio cover built that extended into the 25 foot setback by 7 feet. Mr. Stuart stated he was informed by his contractor that he had failed to get a building permit and now needed to tear down the structure and rebuild it to code. He indicated other municipalities offer an administrative variance for situations such as his. After learning the City of Hayden does not offer such a thing, he asked that the city consider adopting this tool for considering issues like his. That way he can apply for said variance and hopefully have it approved so he does not have to rebuild his structure. Mr. Stuart expressed his understanding of the need for codes and setbacks; however, he feels he is suffering from the letter of the code, not the intention of it. City Council Minutes- February 9, 2016 Page 1 of 8

2 At Mayor Griffitts request, Mr. Stuart provided council with a photo of his patio cover. Poli Hamlin with Climate Action Coeur d'alene, a committee affiliated with Kootenai Environmental Alliance, read a statement about greenhouse gas toxins caused by fossil fuels associated with transportation. She would like to applaud Hayden's efforts in the Ramsey Road extension project to incorporate the Complete Street design. She noted that Climate Action Coeur d'alene is here to support Hayden's effort to achieve clean mobility. 3. UNFINISHED BUSINESS A. Approval of Ramsey Road Extension Concept Report Public Works Director Sean Hoisington introduced David Evans and Associates Project Manager Greg Holder. Mr. Holder reviewed the Ramsey Road Extension Concept Report. He noted changes from the initial concept design, including the typical road section, and the route design around the airport Runway Protection Zone (RPZ). These changes provided an opportunity for a land swap with the airport instead of the previously planned right-of-way acquisition. Mr. Greg Delevan, Coeur d'alene (CDA) Airport Administrator, expressed his support of the route around the airport. He stated the next step would be for the FAA to approve the route as well. Mr. Hoisington discussed the funding part of this project. He noted that it will be split into two phases because the southern part of the area is eligible for urban funding while the northern area above Lancaster is eligible for rural funding. Discussion about the land swap with the CDA Airport continued and was followed by discussion about whether or not the roadway was being built as an "all weather road" to not require load limits. Other areas discussed were the placement of sewer lines for the future H-6 lift station during construction and tie into the sewer line being installed at this time using the Tax Increment Financing program for the Hayden Village development north of Lancaster. stated that Eric Campbell is the owner of Aspen Homes and the past president of the North Idaho Building Contractors Association (NIBCA). He received clarification from Community and Economic Development Director Connie Krueger that Aspen Homes has assumed the Hayden Village, LLC and is the developer of Hayden Village. also received confirmation that NIBCA is suing the city. City Attorney John Cafferty stated that everyone is treated the same and are offered the same opportunities or benefits, regardless of whether or not they are involved in any litigation against the City. There was also discussion regarding the typical section planned for the different sections of the project, how the tax increment financing program works, and who it is benefiting from it. Mr. Holder reviewed the anticipated time line for the project. He noted that construction of Phase 1 would start around He asked for council's approval of the concept report presented in order to proceed with the next stages of the project. Mayor Griffitts called for a motion to approve the Ramsey Road Extension Concept Report. Council President Saterfiel made the motion. provided the second. Hearing no response to any discussion, Mayor Griffitts requested a roll call vote. B. Rescinding of January 12, 2016 Approval of ltd State-Local Agreement, Honeysuckle Avenue Ped I ADA Improvements City Council Minutes- February 9, 2016 Page 2 of 8

3 Public Works Director Hoisington informed council that the agreement approved on January 12, 2016 incorrectly stated that the City would use circulation impact fees to fund the 7.34% match requirement. Mr. Hoisington listed the actions he is asking the Council to take on Items 3B-D: Item 3B- Rescind the original approval. Item 3C - Adopt the resolution to approve the match funding and allow Mayor Grifftts to sign the agreement. Item 3D - To approve the correct agreement, indicating the use of budgeted tax dollars from the Public Works fund for the match. Mayor Griffitts called for a motion to rescind the January 12, 2016 approval of the ltd State-Local Agreement for the Honeysuckle A venue Pedestrian and ADA Improvements. made the motion. provided the second. Hearing no response to a call for any further discussion, Mayor Griffitts requested a roll call vote. C. Adoption of Resolution, Honeysuckle Avenue Ped I ADA Improvements Public Works Director Hoisington clarified for that this project is funded by federal and local dollars. The City's obligation is a 7.34% match requirement. It will be funded by budgeted tax dollars. Mayor Griffitts called for a motion to approve the adoption of the Resolution for the Honeysuckle A venue Pedestrian and ADA Improvements. made the motion. provided the second. Hearing no response to a call for any further discussion, Mayor Griffitts requested a roll call vote. D. Approval of ITO State-Local Agreement, Honeysuckle Avenue Ped I ADA Improvements Mayor Griffitts called for a motion to approve the ltd State-Local Agreement for the Honeysuckle Avenue Pedestrian and ADA Improvements. made the motion, and Council Member Panabaker provided the second. Hearing no response to a call for any further discussion, Mayor Griffitts requested a roll call vote. City Council Minutes- February 9, 2016 Page 3 of 8

4 E. Council Discussion on Hayden Urban Renewal Agency Projects of Interest Community Development and Economic Director Connie Krueger, who serves as the City's liaison to the Hayden Urban Renewal Agency (HURA), reviewed the agencies District Plan and the guidelines they have to follow under this plan. Mayor Griffitts asked if state law mandates urban renewal agencies (URA) to provide funding for public art. Ms. Krueger responded by stating that URA' s are allowed by state law to allocate funds for public art. She noted that the HURA District Plan has a provision for a certain amount of district revenues to be allocated for art. Mayor Griffitts stated that it would be appropriate to present Ms. Krueger directly with any projects or priorities council members have for HURA. He then gave the history of why the Urban Renewal legislation was created and the importance of it to build and grow our city. There was discussion about how long district plans are in effect. It was noted that state law dictates the maximum lengths of a district. F. Cancel March 8, 2016 City Council Meeting and Schedule Special City Council Meeting Deputy City Clerk Landis stated that the March 8, City Council meeting conflicts with the approved use of the council chambers for voting on this day. After some discussion, Mayor Griffitts called for a motion to move the March 8, 2016 meeting to March 15, made the motion, provided the second. Hearing no response to a call for any further discussion, Mayor Griffitts called for a roll call vote. 4. NEW BUSINESS A. Consider Resolution to Name the Park by City Hall after Ronald B. Mcintire Mayor Griffitts addressed this item after Item 3A. He asked to read the resolution. read the resolution naming the park next to City Hall after Ronald B. Mcintire. Mayor Griffitts called for a motion to approve this resolution. made the motion, and provided the second. Hearing no response to a call for further discussion, Mayor Griffitts asked for a roll call vote. All members were in favor and the park was officially named "Mcintire Family Park". B. Avery Estates PUD Amendment Senior Planner Jill Bowes reviewed the history of Avery Estates PUD. She stated that the applicant is asking for an amendment to the PUD to allow for the two commercial lots adjacent to Government Way to be developed as residential multi-family. Ms. Bowes reviewed City and Idaho code, policies, and goals for the basis of approval or denial of the PUD amendment. She noted this is recommended for approval by the Planning and Zoning Commission (PZC) with City Council Minutes- February 9, 2016 Page 4 of 8

5 three conditions. Ms. Bowes indicated that the goals and policies necessary to make a finding to approve or deny this request, can be found within the staff report provided. After some discussion, City Attorney John Cafferty recommended removing PZC Condition #2 should council choose to approve this amendment. Discussion continued regarding the buffering requirements of Condition #2 and the council's support for recommending a fence between the existing commercial building to the north and the proposed residential multi-family buildings. Mayor Griffitts called for a motion to accept the PZC recommendations with the elimination of Condition #2. made the motion and provided the second. Discussion occurred about adding a fence recommendation and the need to add reasons as to why council did not accept the PZC's full recommendation. Further discussions occurred to determine if this request is preliminary, final, or being presented as both. It was determined that this request was being presented as both. Council Member Panabaker then rescinded his motion. motioned to approve the A very Estates PUD Amendment, combining the preliminary and fmal approval, stating that it meets the findings for approval of a preliminary and final PUD. To adopt the recommended conditions of the PZC, with the elimination of Condition #2 because the existing required buffer type was found to be adequate; with the recommendation to include a fence, within the buffer, along the north property line. provided the second. Hearing no response to a call for further discussion, Mayor Griffitts requested a roll call vote. C Road Report and Summer Maintenance Plan Public Works Director Hoisington provided council with an update of the condition of our streets and an overview of how the City's pavement management system works. Mr. Hoisington reviewed his road maintenance plan for summer 20 16, which includes chip sealing Broadmoore Estates and Strawberry Fields. D. Approval of Cooperative Funding Agreement with Hayden Lake, Coeur d'alene & Dalton Gardens, 2016 Road Maintenance Contract Public Works Director Hoisington reviewed the history and reasoning for the cooperative agreement, noting the City of Hayden will be taking the lead on the cooperative project. Mayor Griffitts called for a motion to approve the cooperative funding agreement with the cities of Hayden Lake, Coeur d'alene and Dalton Gardens for the 2016 Road Maintenance projects. made the motion. provided the second. Hearing no response to a call for any further discussion, Mayor Griffitts requested a roll call vote. ROLL CALL VOTE E. Approval of Consulting Agreement, 2016 Road Maintenance Contract Support, Welch Comer Engineers, Inc. Public Works Director Hoisington explained the purpose of this agreement is to contract with Welch Comer Engineers, Inc. for development of the contract documents and to do the on-site inspection during the project. City Council Minutes- February 9, 2016 Page 5 of 8

6 Mr. Hoisington confirmed for that the cities who are part of the cooperative funding agreement are also partnering together with Welch Comer Engineers, Inc. to share the cost to develop the bid documents. However each city will have its own agreement with the engineering firm to provide on-site inspection services specific to their city. Hearing no response to a call for discussion, Mayor Griffitts called for motion to approve the consulting agreement with Welch Comer Engineers, Inc. Council Member made the motion. provided the second. Hearing no response to a call for any further discussion, Mayor Griffitts requested a roll call vote. ROLL CALL VOTE 5. REPORTS A. City Staff Report City Clerk Vicki Rutherford provided council with an update on the status of pending alcohol beverage license renewals. Community Services Director Suzanne Cano informed council that registration for spring sports will begin on Tuesday, February 16. B. Calendar Review Mayor Griffitts called attention to upcoming meetings, events, and the closure of City Hall for President's Day on February 15th. Public Works Director Hoisington noted the upcoming Public Open House on the Hayden Avenue Corridor Plan scheduled for February 25th from 4:00-7:00pm. Community and Economic Development Director Krueger noted the Impact Fee Committee meeting scheduled for February 25th at 9:00am C. Mayor/Council Roundtable Discussion (Reports and Non-Action Items) There were no reports given by the Mayor or Council Members. Mayor Grifftts called for a five minute break. 6. WORKSHOP Mayor Griffitts noted that Item 6B will be rescheduled to a later meeting. A. KMPO Call for Projects Public Works Director Hoisington explained the urgency for direction from council tonight, in order to meet the deadline to submit the applications for funding for the following projects. Mr. Hoisington reviewed the 4th Street from Dalton to Prairie project, and Phase 1 of the Ramsey Road Extension. After funding sources and match requirements were discussed by council and staff, council expressed support in moving forward with the funding applictions. B. Open Meeting Law Training This item was cancelled and will be added to a future agenda. 7. EXECUTIVE SESSION (Council Members may return to regular session to consider taking action on the topics discussed during the session.) A. Executive Session Under Idaho Code (1)(f): To communicate with legal counsel for the public agency to discuss Capitalization Fees and NIBCA v. City of Hayden, Kootenai County Case CV the legal ramifications of and legal options for pending litigation or controversies not yet being litigated but imminently likely to be litigated. Mayor Griffitts called for a motion to hold an Executive Session under Idaho Code (l)(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 motion City Council Minutes- February 9, 2016 Page 6 of 8

7 was made by and seconded by. Mayor Griffitts requested a roll call vote. All members were in favor, the motion was approved, and the meeting entered into Executive Session at 8:23pm. At 8:41pm, Council exited Executive Session under Idaho Code (1)(t). B. Executive Session Under Idaho Code (1)(c): To acquire an interest in real property which is not owned by a public agency. Mayor Griffitts called for a motion to hold an Executive Session under Idaho Code (l)(c) To acquire an interest in real property which is not owned by a public agency. The motion was made by Council President Saterfiel and seconded by. Hearing no response to a call for any further discussion, Mayor Griffitts requested a roll call vote. All members were in favor, the motion was approved, and the meeting entered into Executive Session at 8:42pm. At 9:06pm, council exited Executive Session under Idaho Code (1)(c) C. Executive Session Under Idaho Code (1 )(a): To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated to fill a particular vacancy or need. Mayor Griffitts called for a motion to hold an Executive Session under Idaho Code (l)(a) To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated to fill a particular vacancy or need. The motion was made by Council Member DeLange and seconded by. Hearing no response to a call for any further discussion, Mayor Griffitts requested a roll call vote. All members were in favor, the motion was approved, and the meeting entered into Executive Session at 9:06pm. At 9:35pm, council exited Executive Session under Idaho Code (1)(a) Mayor Griffitts read a statement of the intent to offer the City Administrator position to Brett Boyer and have the contract placed on the February 23, 2016 City Council meeting agenda for approval. City Council Minutes- February 9, 2016 Page 7 of 8

8 8. ADJOURNMENT Mayor Griffitts adjourned the meeting at 9:36pm City Council Minutes - February 9, 2016 Page 8 of 8