City doubles back on policy

SANDPOINT — The Public Works Committee is due for another crack at the snow and ice removal policy before the City Council makes a decision on the issue.

Although the full council was slated to examine the issue at the February council meeting, City Attorney Scot Campbell revealed some possible flaws about the original Public Works Committee discussion that could prove troublesome down the road. He suggested that the item be stricken from the Public Works Committee minutes and the matter be sent back for fresh discussion.

“I brought this issue to the attorney general’s office, I spoke to the deputy attorney general and they said this would cause an issue with record of decision,” Campbell said. “They suggested to me that you disregard that, basically strike it from public works and start fresh and new.”

According to Campbell, the meeting was problematic due to a potential flaw in the course of decision-making. Since a council member who was the proponent of the issue brought it forward to three other council members who voted upon it, the city could be setting themselves up for a legal challenge should anyone take issue with the council’s final decision.

“The record of decision could basically be challenged if someone wanted to do that because of what happened,” Campbell said. “It doesn’t mean it’s going to happen. It simply raised the risk that it could happen.”

However, Councilwoman Carrie Logan took issue with Campbell’s assessment. Because the city’s subcommittees are only empowered to make recommendations to the full council and not take any actions, she didn’t see a legal problem. She also cited a section of City Code which states that the mayor, a council member or any department head can have an item placed on the agenda.

“The record of decision is comparable to any matter that’s been tabled,” she said. “It’s just an issue that’s been considered at two different meetings.”

The council discussed the possibility of clarifying subcommittee decorum at an upcoming Administration Committee meeting. As for the matter of snow and ice removal, a majority of council members voted to strike the item from the evening’s agenda and send it back to public works, thereby resetting the cycle.

The original discussion centered around the removal of overly-harsh punitive measures against individuals who don’t keep their sidewalks clear of snow and ice. Under the city code’s current provisions, home owners are responsible to maintain sidewalks along their property. Through combined effort and personal responsibility, the policy is meant to establish walkable sidewalk networks — a particularly important factor in the city’s goal to achieve compliance with the Americans with Disabilities Act. The city also retains the ability to level fines on individuals who don’t comply with the requirement.

However, under Section B, the city is permitted to send staff members to clear the snow and ice off offending properties themselves. The owner of the property is then charged for the time required by staff to do the job themselves. That charge is leveled in the form of a lien against the property.