Rathdrum City Council Agenda July 11, 2018 6:00 p.m. Location: City Council Chamber 8047 W. Main Street Rathdrum, ID 83858 (208) 687-0261 WELCOME-PLEASE TURN OFF CELL PHONES- Thank You. 1) CALL THE MEETING TO ORDER 2) PLEDGE OF ALLEGIANCE 3) ROLL CALL 4) AMENDMENTS TO THE AGENDA 5) ACTION ITEM: CONSENT CALENDAR APPROVAL A) Council Minutes of June 27 th 2018 B) Regular and Special Bills as presented 6) CEREMONIES AND REPORTS A) Present Deasa Stein with Appreciation of Service Award 7) VISITORS COMMENTS An opportunity to address concerns not on the agenda (No formal action allowed 3 minute time limit per issue) issues may be placed on subsequent agenda. Comments regarding performance by city employees are inappropriate at this time and should be directed to the Mayor, either by subsequent appointment or after tonight s meeting, if time permitting. Repeated comments of the same or similar topic will be considered out of order and not allowed. 8) OLD BUSINESS A) ACTION ITEM: Approval of Haven of Rest Easement Vacation Ordinance Page 1
9) PUBLIC HEARINGS 10) ACTION ITEM: EXECUTIVE SESSION: I.C. 74-206 (1) (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 an executive session does not satisfy this requirement; 11) NEW BUSINESS A) ACTION ITEM: Approval of the Final Plat for Legacy Estates Planned Unit Development (PUD) B) ACTION ITEM: Approve reimbursement agreement with Viking Construction for Beechwood Street extension C) ACTION ITEM: Award Contract to T LaRiviere Equipment & Excavation for Rathdrum Mountain Host Site & Parking Lot Construction 12. STAFF REPORTS Park and Recreation Reporting Police Reporting Public Works Reporting City Administrator 13. MAYOR S REPORT/APPOINTMENTS 14. COUNCIL REPORTS 15. BUDGET WORKSHOP for Consideration of Final Draft 16. ADJOURN Rathdrum City Hall is an ADA accessible building. Assistance for persons with disabilities will be provided upon 24-hours notice prior to the meeting. Page 2
CALENDAR July 2018 July 11 6:00 pm Council Meeting/Budget Workshop Final Draft July 12 1:30 pm KMPO July 18 6:00 pm Planning and Zoning Commission July 19 12:00 pm Chamber Luncheon July 20-21 All Day Rathdrum Days July 24 8:00 am KCATT July 24 6:00 pm Park and Recreation Commission July 25 6:00 pm Council Meeting July 27 6:00 pm Concert Series Aug 01 7:00 am Jobs Plus Aug 01 7:00 pm Historical Society Old Jail Aug 03 8:00 am Council Payday Aug 03 6:00 pm Concert Series Aug 04 All Day Main Street Hoop Aug 07 7:00 am Jobs Plus Aug 08 6:00 pm Council Meeting
Rathdrum City Council Minutes June 27, 2018 6:00 p.m. Location: City Council Chamber 8047 W. Main Street Rathdrum, ID 83858 (208) 687-0261 WELCOME-PLEASE TURN OFF CELL PHONES- Thank You. 1) CALL THE MEETING TO ORDER Councilor President Holmes conducted the Council Meeting. Meeting called to order at 6:06 pm 2) PLEDGE OF ALLEGIANCE 3) ROLL CALL PRESENT: ABSENT: STAFF: Councilor Meckel, Councilor Laws, Councilor Rickard, Councilor Holmes. Mayor Holmes City Administrator Duce, City Clerk Halligan, Police Chief McLean and Finance Director/Treasurer Taylor. 4) AMENDMENTS TO THE AGENDA 5) ACTION ITEM: CONSENT CALENDAR APPROVAL A) Council Minutes of June 13 th, 2018 B) Regular and Special Bills as presented City Administrator Duce gave a brief presentation on the Consent calendar. Page 1
Councilor Laws made a MOTION that we approve the consent calendar as presented. Motion seconded by Councilor Rickard. AYES: NAYES: ABSENT: Councilor Laws Councilor Rickard Councilor Meckel Councilor Holmes None Passed by all 6) CEREMONIES AND REPORTS 7) VISITORS COMMENTS An opportunity to address concerns not on the agenda (No formal action allowed 3-minute time limit per issue) issues may be placed on subsequent agenda. Comments regarding performance by city employees are inappropriate at this time and should be directed to the Mayor, either by subsequent appointment or after tonight s meeting, if time permitting. Repeated comments of the same or similar topic will be considered out of order and not allowed. 8) OLD BUSINESS 9) PUBLIC HEARINGS 10) NEW BUSINESS 11) STAFF REPORTS Finance Report City Administrator 12) MAYOR S REPORT/APPOINTMENTS 13) COUNCIL REPORTS 14) BUDGET WORKSHOP for Employee Benefits and Wages and Property Tax City Administrator Duce gave a brief overview of the benefits scenario for this year. He stated that we are experiencing a very favorable renewal this year in that Vision, Life and Dental have given us a rate pass. City Administrator went over the employee evaluation process and how it has changed over the last year. Council discussion ensued. Page 2
Councilor Holmes made a MOTION that we move forward with budget preparation of wages at 2.5% Cola and up to a 2.5% merit. Motion seconded by Councilor Laws. AYES: NAYES: ABSENT: Councilor Holmes Councilor Laws Councilor Rickard Councilor Meckel 15) ADJOURN Passed by all Meeting was adjourned at 7:47 pm Vic Holmes, Mayor Attest: Sherri L Halligan, City Clerk Rathdrum City Hall is an ADA accessible building. Assistance for persons with disabilities will be provided upon 24-hours notice prior to the meeting. Page 3
ORDINANCE NO. AN ORDINANCE OF THE CITY OF RATHDRUM, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, VACATING A PORTION OF AN ACCESS AND PUBLIC UTILITY EASEMENT; PROVIDING SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING AN EFFECTIVE DATE, AND PROVIDING FOR SUSPENSION OF THE RULES WHEREAS, the City received a request to vacate a portion of the Access and Public Utility Easement being the East 68.00 feet, except the north 50.00 feet and except the south 50.00 feet, of Lot 1, Block 1 of the Plat of HAVEN OF REST, recorded at Book K, Page 364, records of Kootenai County, Idaho located adjoining the West right-of-way line of Meyer Road, Rathdrum, Idaho as shown on Exhibit A attached hereto; WHEREAS, The Legislature of the State of Idaho in Idaho Code Sections 50-311, 50-1306A, 50-1321 and 50-1325 authorizes municipalities to vacate public easements when it is deemed expedient for the public good with such restrictions as a municipality deems necessary in the public interest after a public hearing is properly noticed, held and the written consent of all adjoining owners is obtained; WHEREAS, a public hearing was held before the City Council on May 9, 2018, testimony was taken, and a finding was made by the City Council that it is expedient for the public good and in the best interests of the city of Rathdrum and the citizens thereof that said portion of easement be vacated; and WHEREAS, written notice was provided to known local utility companies; and WHEREAS, the written consents of the adjoining owners have been received and all other procedural requirements have been complied with. NOW, THEREFORE, IT IS ORDAINED by the mayor and city council of the city of Rathdrum, Kootenai County, Idaho as follows: Section 1: That the portion of access and public utility easement described as follows is hereby vacated: A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 31, T52N, R4W, B.M., CITY OF RATHDRUM, KOOTENAI COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: HAVEN OF REST ACCESS AND UTILITY EASEMENT VACATION ORDINANCE - 1
THE EAST 68.00 WITHIN LOT 1, BLOCK 1, HAVEN OF REST, RECORDED AT BOOK K, PAGE 364, RECORDS OF KOOTENAI COUNTY, IDAHO; EXCEPTING THEREFROM THE NORTH 50.00 FEET, AND THE SOUTH 50.00 FEET. Section 2: That the vacated portion of the easement shall be unencumbered as previously dedicated to purposes of access and public utilities. Section 3: That any other existing easements and franchise rights of any lot owner or public utility shall not be impaired by this vacation, as provided by law. Section 4: Severability. This ordinance is hereby declared to be severable. Should any portion of this ordinance be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial invalidity. Section 5: Repeal of Conflicting Ordinances. All Ordinances and parts of Ordinances in conflict with the provisions of this Ordinance to the extent of such conflict are hereby repealed. Section 6. Effective Date. This ordinance shall be effective upon passage and publication as provided by law. Section 7. Suspension of the Rules. Passed under suspension of the rules at a regular meeting of the City Council of the City of Rathdrum, Kootenai County, Idaho, held on the 9 th day of May, 2018, on which a roll call vote was duly taken and duly enacted. DATED this day of July, 2018. CITY OF RATHDRUM ATTEST: Vic Holmes, Mayor Sherri Halligan, City Clerk HAVEN OF REST ACCESS AND UTILITY EASEMENT VACATION ORDINANCE - 2
Exhibit A HAVEN OF REST ACCESS AND UTILITY EASEMENT VACATION ORDINANCE - 3
PUBLIC WORKS DEPARTMENT 8047 W. Main Street Rathdrum, ID 83858 P 208.687.2700 F 208.687.1377 Memo To: From: CC: City Council Kevin Jump Date: July 5, 2018 Re: LEGACY ESTATES PUD Final Plat We have received the final plat for LEGACY ESTATES PUD. We have reviewed the plat and have found it to be satisfactory and in order with the approved preliminary plat and city code requirements. The developer has made significant improvements to the property and substantively completed construction of the required public improvements for subdivision. With this final plat there is a street name change being required by Kootenai County. The preliminary plat originally reflected the street name dedication to be Legacy Lane which is too similar in name to the exiting street named Legacy Drive located in the northeast corner of the city, thereby being found unacceptable. With this plat approval, the street name dedication for this plat will become Prosperity Lane. We are herein seeking Council s permission for Mayor Holmes to sign the final plat (mylars), subject to our receipt of an acceptable warranty surety. Z:\Public Works\APP REVIEW-Plats+Site Plans\LONG PLATS\Legacy Place Subdivision\d FINAL PLAT
PUBLIC WORKS DEPARTMENT 8047 W. Main Street Rathdrum, ID 83858 P 208.687.2700 F 208.687.1377 Memo To: From: CC: City Council Kevin Jump Date: July 5, 2018 Re: Beechwood Street Extension - reimbursement agreement The developer of the Timber Landings Estates project (Viking Construction) is seeking to develop single-family lots for the 3rd Addition. As such, they will be constructing Beechwood Street to their south property line. PROPERTY LINE BEECHWOOD STREET TUDOR STREET (existing) z:\public works\app review-plats+site plans\long plats\timber landing estates - phase 3_2nd addtn\memo beechwood reimbursement agreement - 7.5.18.docx
When the developer constructs Beechwood Street, we would like to connect it to existing Tudor Street. We desire to utilize the developer's road-contractor to further extend Beechwood Street to Tudor Street. For Council's consideration, please find attached a reimbursement agreement with the developer. Memo Beechwood reimbursement agreement - 7.5.18 Page 2
REIMBURSEMENT AGREEMENT This REIMBURSEMENT AGREEMENT (the Agreement ) is made and entered into this day of, 2018 ( Effective Date ), by and between the City of Rathdrum, a political subdivision of the State of Idaho, whose address is 8047 W. Main Street, Rathdrum, ID 83858 (the City ); and Viking Construction, Inc., an Idaho corporation, 2605 W. Hayden Avenue, Hayden, Idaho 83835 (the Developer ). WHEREAS, Viking Construction, Inc., the developer of Timber Landing Estates subdivision, will use private funds to construct road improvements and frontage improvements which will serve others, as well as complete all of the frontage improvements for their development; and WHEREAS, the City desires to have Developer construct the road and frontage improvements necessary for connection of Beechwood Street from Timber Landing Estates subdivision on the north with the existing Arthur s Garden subdivision on the south and will reimburse the Developer for the costs of said improvements. NOW THEREFORE, the City and the Developer enter into this Agreement and agree to be bound by the following terms and conditions: 1. Term: The term of this Agreement shall be one (1) year from the Effective Date of this Agreement. 2. Benefited Properties: The benefited property under this Agreement is the existing right of way of Beechwood Street, between Lakeland Street and Tudor Street in Rathdrum, Idaho. 3. Improvements to be Constructed: Developer shall construct the improvements on-site as specifically set forth in the contractor s bid and the engineering plans, which is attached hereto and incorporated herein by reference as Exhibit A. 3.1 Streets and Sidewalk: Developer will construct new street section, match existing asphalt, construct rolled curbs per City standards with radius to Tudor Street, and construct a pedestrian ramp and 8 wide concrete sidewalk on the east side. 4. Payment: The City will reimburse Developer for the cost of completing the roadway improvements set forth in Section 3 above, for a total dollar amount of Twenty-Five Thousand Fifty-Two and 40/100 Dollars ($25,052.40) upon the completion of all improvements. 5. Release of Liability: The Developer, by entering into this Agreement, waives, holds the City harmless, and releases the City from all claims arising from the establishment, administration and enforcement of this Agreement. Developer further agrees to indemnify, defend, and hold harmless City, its officers, agents and employees, from and against any and all Reimbursement Agreement: Page - 1
claims, losses, actions, or judgments from third parties for damages arising out of or in connection with the acts and/or any performances or activities of Developer, its agents, employees, or representatives under this Agreement. 6. Beneficiary: The Beneficiary of this Agreement shall be presumed to be Viking Construction, Inc., for the term of this Agreement, unless Developer makes a contrary certification to the City identifying a successor Beneficiary. The City shall be entitled to rely upon the representation of Developer with respect to the Beneficiary. The Developer agrees to hold the City harmless from any and all claims arising out of any payments made under this Agreement to Viking Construction, Inc., as Beneficiary. 7. Relationship of the Parties: Neither by entering into this Agreement, nor by doing any act hereunder, may either party be deemed the agent of the other. The City and the Developer further agree that nothing contained in this Agreement or in any document executed in connection with this Agreement shall be construed as making the City and the Developer a joint venture or partners. 8. Governmental Authority: Nothing in this Agreement shall be deemed to compromise the governmental authority of the Mayor and City Council of the City of Rathdrum, present or future. 9. Non-Waiver: Failure of either party to exercise any of the rights under this Agreement, or breach thereof, shall not be deemed to be a waiver of such right or a waiver of any subsequent breach. 10. Jurisdiction and Venue: This Agreement shall be governed and interpreted by the laws of the State of Idaho with venue in the County of Kootenai, State of Idaho. 11. Entire Agreement: This is the entire Agreement of the parties and can only be modified or amended in writing by the parties. 12. Severability: If any part of this Agreement is held unenforceable, the remaining portions of this Agreement will remain in full force and effect. 13. Attorney Fees: Reasonable attorney fees shall be awarded to the prevailing party in any action to enforce this Agreement or to declare forfeiture or termination of this Agreement. 14. Non-Discrimination: No person shall be discriminated against in the providing of the services and/or materials herein under, and the Developer, nor any subcontractor, shall not refuse to hire any person because of such person s race, creed, sex, color, or national origin. Also, the Developer will in no manner discriminate against any person because of such person s race, creed, sex, color, or national origin. Any such discrimination shall be deemed a violation of this Agreement and shall render this Agreement subject to forfeiture. Reimbursement Agreement: Page - 2
15. Notices: All notices required hereunder shall be given in writing as follows: 15.1: If to the City: Mayor Vic Holmes City of Rathdrum 8047 W. Main Street Rathdrum, Idaho 83858 With a Copy to: Pete Bredeson, City Attorney BREDESON LAW GROUP 1677 E. Miles Ave.; Ste. 202 Hayden Lake, Idaho 83835 15.2: If to the Developer: Scott Krajack Viking Construction, Inc. 19425 E. Broadway Ave. Spokane Valley, Washington 99016 16. Representation of Authority of Parties/Signatories: Each person signing this Agreement represents and warrants that he/she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of this Agreement and the performance of such party s obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed the day, month and year first set forth above. CITY OF RATHDRUM, IDAHO VIKING CONSTRUCTION, INC. By: Vic Holmes, Mayor By: Wendell Alan Olson, Director ATTEST: Sherri Halligan, City Clerk STATE OF IDAHO ) :ss County of Kootenai ) Reimbursement Agreement: Page - 3
On this day of, 2018, before me, a Notary for the state of Idaho, personally appeared Wendell Alan Olson, known or identified to me to be the Director of Viking Construction, Inc., the corporation that executed this instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereto set my hand and affixed my official seal the date and year in this certificate first above written. Notary Public for the State of Idaho Residing at: Commission Expires: Reimbursement Agreement: Page - 4
STATE OF IDAHO ) :ss County of Kootenai ) On this day of, 2018, before me, a Notary Public in and for the State of Idaho, personally appeared Vic Homes and Sherri Halligan, known or identified to me to be the Mayor and City Clerk of the City of Rathdrum, an Idaho municipal corporation, the municipal corporation that executed the within instrument or the persons who executed the instrument on behalf of said municipal corporation, and acknowledged to me that such municipal corporation executed the same. IN WITNESS WHEREOF, I have hereto set my hand and affixed my official seal the date and year in this certificate first above written. Notary Public for the State of Idaho Residing at: Commission Expires: Reimbursement Agreement: Page - 5
PUBLIC WORKS DEPARTMENT 8047 W. Main Street Rathdrum, ID 83858 P 208.687.2700 F 208.687.1377 Memo To: From: CC: City Council Kevin Jump Date: July 5, 2018 Re: Bid Award - Rathdrum Mountain Host Site We opened bids for the referenced project. After opening the lone opening bid and reviewing the bid packet for completeness, T. LaRiviere Equipment & Excavation was determined as the lowest, responsive & responsible bidder. We are herein seeking City Council s approval for the following: Pre-authorization to allow Mayor Holmes to execute the construction contract, subject to our receipt of a Performance Bond, Payment Bond and Certificate of Insurance from T. LaRiviere Equipment & Excavation. Allow the Public Works Director to work with a discretionary 15% construction contingency for unforeseen project change orders. We do not anticipate executing the contract until after we resolve permitting items associated with access to Rathdrum Mountain. z:\public works\parks\mountain\host site\memo bid award - 7.5.18.docx
RATHDRUM PARKS, RECREATION, & CEMETERY DEPARTMENT City Council July 2018 Staff Report Administrative Report Nothing to report. Recreation Programs Summer flag football registration has closed. Games will start on Monday July 23 rd. We are currently taking registrations for fall soccer. Strongman registration is open. We have around 28 competitors registered. The event will take place in the Lakeland Junior High School parking lot on Saturday July 21 st during Rathdrum Days. Main Street Hoops is scheduled for Saturday August 4 th on Main Street in Rathdrum. Community Events/Programs The 3 rd Annual Mayors Cup Golf Tournament was held on Saturday June 16 th at the Links Golf Course in Post Falls. We presented a check in the amount of $4,302.52 to the Rathdrum Lions Club. Rathdrum Days Report: Friday and Saturday only. Movie Night is scheduled for Saturday July 21 st on the High School football field. The movie will be Coco. Park Activities Staff has started replacing the roof on the Stub Meyer Picnic Shelter. New trusses, beams and roof metal will be installed. Staff finished the landscaping and seeding around the new picnic shelter at Majestic Park last week. Staff was spraying and fertilizing parks last week. Cemetery Staff recently replaced the roll-up door on the cemetery shed. Staff has been keeping up with the general maintenance in the cemetery. Parks and Recreation/Cemetery Commission The Parks and Recreation commission will meet again On Tuesday September 25th at 6PM at City Hall.