VISION STATEMENT Our vision of Coeur d’Alene is of a beautiful, safe city that promotes a high

quality of life and sound economy through excellence in government.

1. Request for destruction of records Presented by: Melissa Tosi, Human Resource

Director

2. Approval of lease of city owned parking lots to the Chamber of Commerce to raise funds for the annual 4th of July fireworks show

Presented by: Troy Tymesen, Finance Director

3. Donation of land from LCDC Presented by: Mike Gridley

4. Request for November Advisory Vote and/or code creation for minimum wage increase

Presented by: Staff Report by: Renata McLeod, City Clerk and Warren Wilson Deputy City Attorney Requester: Anne Nesse

GENERAL SERVICES COMMITTEE with

Council Members Edinger, Adams, & Evans June 8, 2015-, 12:00 p.m.

AGENDA

Library Community Room 702 Front Street

The City will make reasonable accommodations for anyone attending this meeting who require special assistance for hearing,

physical or other impairments. Please contact Juanita Knight, the committee liaison at (208) 769-2348 at least 24 hours in advance of the meeting date and time.

STAFF REPORT TO: General Services FROM: Melissa Tosi; Human Resources Director RE: Request for Destruction of Records Date: June 8, 2015 DECISION POINT The Council is requested to approve the destruction of public records on the below items pursuant to I.C. 50-908:

• Temporary Employee Files (Semi-Permanent): 2009 • Recruitment Files (Temporary): All files May 2013 and prior • Workers Compensation (Temporary): All files 2012 and prior • Affirmative Action Data Questionnaire (Temporary): All files 2012 and prior • Travel & Training Requests and Invoices (Semi-Permanent): 1990 - 1998

HISTORY The files requested to be destroyed are either a temporary record (retention period no more than 2 years) or a semi-permanent record (retention period no longer than 5 years). The above information is all past the required retention period and no longer has value in being retained. FINANCIAL ANALYSIS There are no hard costs associated with this request. PERFORMANCE ANALYSIS HR has reviewed the Records Retention Manual and determined that the included records no longer have any value to be kept on file within the HR office. By eliminating no longer needed records, it creates greater efficiency within the office. RECOMMENDATION: To approve the destruction of public records on the above items pursuant to I.C. 50-908.

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FINANCE DEPARTMENT Staff Report

DATE: June 8, 2015 FROM: Troy Tymesen, Finance Director, SUBJECT: Leasing of the City owned parking lots to the Coeur d’Alene Chamber of

Commerce on the 4th of July ___________________________________________________________________ DECISION POINT: To lease the City owned parking lots to the Chamber of Commerce on the 4th of July to generate revenue that will be used exclusively to defray the cost of the community fireworks display. HISTORY: In the past the City has leased individual lots to entities that have wanted the space to display goods or conduct auctions. This proposal from the Chamber, and previously recommended by the Parking Commission, would allow the Chamber to lease the City owned parking spaces from the City for $7.00 per space, the current fee for an event parking space. It is anticipated that this lease will generate approximately $8,400 to the City’s parking fund. The Chamber is proposing to charge $15.00 per car for parking on the 4th of July in order to generate income to assist with the cost of the fireworks display. The estimated cost of the fireworks display is $30,000.00. The Chamber has taken on more responsibility for the traffic control expense on that day and will be paying for 23 traffic flaggers. This would be the sixth year of this partnership. FINANCIAL ANALYSIS: The Parking Fund, which receives no property taxes, is the recipient of these funds and with this proposal there would be no negative impact to the revenue anticipated from use of the City owned parking lots. 40% of the net income from the Parking Fund goes to the Parks Capital Improvement Fund, which is used to develop parks. If the Chamber were to charge $15.00 for event parking the gross income to the Chamber should be approximately $9,600.00 which would be used to defray the cost of the community fireworks display. This proposal includes the following parking facilities: McEuen, Museum, Memorial Field and the gravel area, Independence Point, 4th and Coeur d’ Alene as well as the upper Library lot, the paved lot south of City Hall. The Police Department will be using the lower City Hall parking lot which borders McEuen Field as a staging area for personnel. PERFORMANCE ANALYSIS: The revenue generated by this partnership would go to a dedicated fund for the community fireworks. The Chamber does not have a direct method to collect funds for this annual celebration. DECISION POINT: To lease the City owned parking lots to the Chamber of Commerce on the 4th of July to generate revenue that will be used exclusively to defray the cost of the community fireworks display.

GENERAL SERVICES STAFF REPORT DATE: May 13, 2015 FROM: Mike Gridley – City Attorney SUBJECT: Acceptance of Gift from LCDC of former BNSF Railroad property in LCDC’s

River District ===============================================================

DECISION POINT: Should the city council enter into an Agreement with LCDC to accept the gift from LCDC of the former BNSF Railroad property located in LCDC’s River District? HISTORY: On May 28, 2015 LCDC acquired former BNSF Railroad property that is located in their River District (see attached aerial photograph). LCDC has authorized the transfer of the property to the City for the City to develop and use in a manner consistent with the purposes of the River District Redevelopment Plan (see attached Agreement). These redevelopment purposes would include the development of trails and public space as well as other development that supports the community’s interests. The proposed Agreement requires that the City begin redevelopment no later than two years from the date of the transfer to the City. The City needs the property for the creation of a public trail and the modification of Johnson Mill River Park. FINANCIAL ANALYSIS: There is no current financial impact in accepting the property other than minimal maintenance. As a plan for development of a public trail and other public space is created there will be an expense in implementing the plan. LCDC has previously expressed support for helping with the cost of a public trail and public space on this property and it is anticipated that they will be a partner in any public development costs. PERFORMANCE ANALYSIS: The acquisition of this railroad property has been discussed for many years and is part of the Parks and Trails master plan. The acquisition will allow for public use and private development in an area that is currently under-utilized. The acquisition means that the City will own all of the former BNSF right of way from Riverstone to Huetter Road. DECISION POINT/RECOMMENDATION: It is recommended that the city council enter into an Agreement with LCDC to accept the gift from LCDC of the former BNSF Railroad property located in LCDC’s River District.

AGREEMENT

THIS AGREEMENT (“Agreement”) is entered into as of the ___ day of June, 2015, by and between the Coeur d’Alene Urban Renewal Agency, dba Lake City Development Corporation, an independent public body corporate and politic of the State of Idaho (“LCDC”), and the City of Coeur d’Alene, Kootenai County, Idaho, a body politic and corporate duly organized, operating and existing under the laws of the State of Idaho (the “City”). LCDC and the City may be collectively referred to herein as the “Parties” and individually referred to as a “Party.”

A. LCDC owns or controls certain real property in Kootenai County, State of Idaho, situate within LCDC’s River District Project Area pursuant to LCDC’s River District Redevelopment Plan (the “Plan”), which real property is more particularly described on Exhibit A attached hereto.

B. LCDC desires to transfer the Property to the City for development of public improvements in accordance with the Plan, as authorized by Idaho Code Section 50-2015(f) (the “Act”).

C. The City desires to accept the transfer of the Property and to comply with the Act.

NOW, THEREFORE, in consideration of the above recitals, which are incorporated

into this Agreement; the mutual covenants contained herein; and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1. Effective Date. The effective date of this Agreement shall be the date when this Agreement has been signed by LCDC and the City, and shall continue until completion of all obligations hereunder of each Party.

2. Transfer of Property. LCDC agrees to transfer the Property to the City pursuant to the terms of the Quitclaim Deed in the form attached to this Agreement as Exhibit B. The City agrees to accept the Property pursuant to the Quitclaim Deed.

3. Obligations of City. Pursuant to the Act, the City, as transferee of the Property, agrees to:

(1) use the Property for the purposes designated in the Plan; and

(2) begin the redevelopment of the Property no later than two (2) years from the date hereof, which is the reasonable period of time fixed by LCDC.

4. Successors. This Agreement shall be binding on the heirs, successors, assigns, and personal representatives of the Parties hereto.

AGREEMENT - 1 44631.0004.7441015.1

5. Captions and Headings. The captions and headings in this Agreement are for reference only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants, conditions, or agreements contained herein.

6. No Joint Venture or Partnership. LCDC and the City agree that nothing contained in this Agreement or in any document executed in connection with this Agreement shall be construed as making LCDC and the City a joint venture or partners.

7. Applicable Law/Attorney Fees. This Agreement shall be construed and enforced in accordance with the laws of the State of Idaho. Should any legal action be brought by either Party because of breach of this Agreement or to enforce any provision of this Agreement, the action shall be brought in Kootenai County, Idaho, and the prevailing Party shall be entitled to reasonable attorney fees, court costs, and such other costs as may be found by the court.

8. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the Parties with respect to the Property.

IN WITNESS WHEREOF, the Parties hereto have signed this Agreement the day and year written below, to be effective the day and year first above written.

LCDC: COEUR D’ALENE URBAN RENEWAL

AGENCY dba LAKE CITY DEVELOPMENT CORPORATION

By:

Denny Davis, Chair (Date) CITY: CITY OF COEUR D’ALENE, IDAHO

By:

Its: (Date) ATTEST:

Clerk (Date)

AGREEMENT - 2 44631.0004.7441015.1

EXHIBIT A

DESCRIPTION OF PROPERTY

LCDC RIVER DISTRICT SEGMENT: That portion of the Southwest Quarter of Section 4, the Southeast Quarter of Section 5, Government Lot 4 of Section 8 and Government Lots 1, 2 and 3 of Section 9, all in Township 50 North, Range 4 West, Boise Meridian, Kootenai County, Idaho, described as follows: COMMENCING at a 2 inch Aluminum cap marking the Northwest corner of said Section 9 according to Corner Perpetuation and Filing recorded under instrument number 2020879000, records of Kootenai County, Idaho, which bears North 88° 00’ 59” West a distance of 2652.95 feet from a 2 inch Aluminum cap marking the North Quarter corner of said Section 9 according to Corner Perpetuation and Filing recorded under instrument number 2020878000, records of Kootenai County, Idaho; Thence North 00° 05’ 32” East along the west line of said Southwest Quarter, a distance of 0.30 feet to the northerly right of way of Burlington Northern Railroad, point also being the beginning of a non-tangent curve to the left, having a radius of 5699.65 feet, said point being the TRUE POINT OF BEGINNING; Thence along said northerly right of way the following 9 courses:

1) southeast along the south line of Lot 1, Block 1 of Garage Town Condominiums, recorded in Book J of Plats, Pages 96-96E, records of Kootenai County, Idaho, and said curve, an arc length 60.93 feet, through a central angle of 00° 36' 45", a chord bearing of South 87° 30' 25" East and a chord distance of 60.93 feet to a 5/8 inch rebar with cap marked “PLS 4182”;

2) along said south line, South 87° 55' 39" East a distance of 441.64 feet to a 5/8 inch rebar with cap marked “PLS 4182”, marking the southwest corner of Lot 8, Block 1 of Mill River 3rd Addition, recorded in Book J of Plats, Pages 257-257B, records of Kootenai County, Idaho;

3) along a portion of the south line of said Block 1 and a portion of southerly right of way of Shoreview Lane, South 87° 55' 39" East a distance of 1263.73 feet;

4) along said southerly right of way, South 87° 15' 33" East a distance of 201.04 feet to the beginning of a non-tangent curve to the right, having a radius of 2894.93 feet;

5) southeast along said southerly right of way and curve, an arc length 596.23 feet, through a central angle of 11° 48' 02", a chord bearing of South 80° 01' 39" East and a chord distance of 595.18 feet to northwest corner of public crossing easement recorded under instrument number 1970562, records of Kootenai County, Idaho;

6) South 72° 47' 45" East a distance of 201.04 feet to a bare 5/8 inch rebar, marking a point on southerly line of Lot 2, Block 1 of Seltice Medical, recorded in Book K of Plats, Pages 90-90A, records of Kootenai County, Idaho;

7) along a portion of said southerly line, South 72° 07' 39" East a distance of 798.62 feet to a point on southerly line of Lot 1, Block 7 of Mill River 1st Addition, recorded in Book J of Plats, Pages 202-202D, records of Kootenai County, Idaho, point also being the beginning of a non-tangent curve to the left, having a radius of 792.06 feet;

8) southeast along said southerly line and non-tangent curve, an arc length 421.23 feet, through a central angle of 30° 28' 15", a chord bearing of South 87° 31' 31" East and a chord distance of 416.28 feet to a 5/8 inch rebar with cap marked “PLS 4182”, marking a point on said southerly line;

9) along said southerly line, North 77° 32' 21" East a distance of 45.82 feet to the southeast corner of said Lot 1, said point also being on the East line of said Government Lot 3;

Thence along said East line, South 01° 59' 30" West a distance of 201.35 feet to the northeast corner of Lot 25, Block 6 of said Mill River 1st Addition, point also being on the southerly right of way of Burlington Northern Railroad;

AGREEMENT - 3 44631.0004.7441015.1

Thence along said southerly right of way the following 10 courses:

1) along a portion of the northerly line of said Lot 25 and a portion of the northerly right of way of said Shoreview Lane, North 72° 07' 39" West a distance of 1294.59 feet to a point on the said northerly right of way;

2) along said northerly right of way, North 72° 47' 33" West a distance of 198.95 feet to the southwest corner of said public crossing easement, point being the beginning of a non-tangent curve to the left, having a radius of 2834.93 feet;

3) northwest along said northerly right of way and curve, an arc length 583.86 feet, through a central angle of 11° 48' 01", a chord bearing of North 80° 01' 39" West and a chord distance of 582.83 feet;

4) along said northerly right of way, North 87° 15' 46" West a distance of 198.95 feet; 5) along said northerly right of way, North 87° 55' 39" West a distance of 930.10 feet to a bent 5/8 inch rebar

with illegible cap, marking an angle point on the north line of Lot 28, Block 1 of Edgewater at Mill River, recorded in Book J of Plats, Pages 60-60B, records of Kootenai County, Idaho;

6) along said north line, South 02° 04' 21" West a distance of 40.00 feet to a 5/8 inch rebar with illegible cap, marking an angle point on said north line;

7) along said north line, North 87° 55' 39" West a distance of 200.00 feet to a 5/8 inch rebar with illegible cap, marking an angle point on said north line;

8) along said north line, North 02° 04' 21" East a distance of 40.00 feet to a 5/8 inch rebar with cap marked “PLS 4182”, marking an angle point on said north line;

9) along a portion of said north line and a portion of the north line of Lot 36 Block 1 of said Edgewater at Mill River, North 87° 55' 39" West a distance of 575.30 feet to a point on the north line of said Lot 36, point also being the beginning of a non-tangent curve to the right, having a radius of 5759.65 feet;

10) northwest along said north line and curve, an arc length 83.88 feet, through a central angle of 00° 50' 04", a chord bearing of North 87° 23' 46" West and a chord distance of 83.88 feet to an intersection with the southerly extension of the west right of way of Huetter Road;

Thence along said extended west line, North 00° 05' 32" East a distance of 60.08 feet to a 5/8 inch rebar with cap marked “PLS 4182”, marking the intersection of the west right of way of Huetter Road and the northerly right of way of said Burlington Northern Railroad, point also being the beginning of a non-tangent curve to the left, having a radius of 5699.65 feet; Thence southeast along said northerly right of way and curve, an arc length 25.03 feet, through a central angle of 00° 15' 06", a chord bearing of South 87° 04' 30" East and a chord distance of 25.03 feet to the TRUE POINT OF BEGINNING. CONTAINING 273,765 square feet or 6.285 acres more or less.

AGREEMENT - 4 44631.0004.7441015.1

EXHIBIT B

FORM OF QUITCLAIM DEED

AGREEMENT - 5 44631.0004.7441015.1

3.9 ac

3.72 ac

1.25 ac

3.19 a

c

City of CDA Property

Rivers Edge Apt LLC Property

Stimson Lumber Property

All Railroad ROW

Railroad ROW

Lake City District

River District

All Parcels

CDA City Limits

Huetter City Limits

Total 46.48 acres

0 1,200 2,400 3,600 4,800600Feet

1 inch = 1,261 feet

R a i l r o a d R O W - H i g h w a y 9 5 t o H u e t t e rR a i l r o a d R O W - H i g h w a y 9 5 t o H u e t t e r

Created: July 9, 2014D. Frisbie, email: gis@cdaid.org

18.46 ac

LCDC Gift

GENERAL SERVICES M E M O R A N D U M

DATE: JUNE 8, 2015 FROM: WARREN WILSON, DEPUTY CITY ATTORNEY RENATA MCLEOD, MUNICIPAL SERVICES DIRECTOR/CITY CLERK RE: REQUEST FOR ADVISORY VOTE AND/OR CREATION OF MUNICIPAL CODE

TO INCREASE MINIMUM WAGE DECISION POINTS:

• To recommend approval or denial of an advisory vote for the November ballot. • To request staff draft regulations as proposed to increase minimum wage within the city limits

of Coeur d’Alene through a voluntary program. • To consider tabling the matter until after the November vote in McCall Idaho to see if

challenges arise upon approval of local minimum wage codes. HISTORY: The City of Coeur d’Alene initially received a request from Anne Nesse to review ballot language for an Initiative on the November 2015 ballot. The City Attorney’s office provided a Certificate of Review and returned it to Ms. Nesse on April 21, 2015 (see attachment A). Thereafter, she informed the City Clerk’s office that she would like to proceed with requesting the City Council approve the code without going through the initiative process and request that the City Council conduct an advisory vote on the November ballot. PERFORMANCE ANALYSIS Advisory Vote: The City Council has the authority to place a question on the November 3, 2015 ballot. Ballot language is due to the County on September 14, 2015. This ballot question would be advisory and not binding to the adoption of future codes. As stated in the Certificate of Review the legal department believes that Idaho Code 50-301 and Idaho Code 50-302 prohibit the city from adopting codes in conflict and/or inconsistent with state code and that Idaho Code 44-1502 (1) requires that the state minimum wage shall track with the federally adopted minimum wage. Draft Regulations: It is uncertain how a voluntary program would be established; however, if it is the Council’s will; staff can continue to work with Ms. Nesse to draft regulations, resolution, and/or a program that would meet the Council’s desire. Consideration of tabling: It is staff’s recommendation to table this matter until after the November 3, 2015 election, in order to determine if McCall Idaho’s initiative passes and is thereafter challenged. This will allow the City of Coeur d’Alene to witness any court outcomes related to the municipal authority to enact regulations outside of the federally set minimum wage. FINANCIAL: There would be some staff time allocated to drafting regulations and advisory vote language is that is the council direction.

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DECISION POINT/RECOMMENDATION: • To recommend approval or denial of an advisory vote for the November ballot. • To request staff draft regulations as proposed to increase minimum wage within the city limits

of Coeur d’Alene through a voluntary program. • To consider tabling the matter until after the November vote in McCall Idaho to see if

challenges arise upon approval of local minimum wage codes.

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