City Council

Minutes were approved by the City Council on February 10, 2025. CITY OF LACONIA - CITY COUNCIL MEETING City Hall - Armand A. Bolduc City Council Chamber 7:00 P.M. 1/27/2025 - Minutes 1. CALL TO ORDER Mayor Hosmer called the meeting to order at 7:00 PM 2. SALUTE TO THE FLAG Councilor Cheney led the salute to the flag. 3. RECORDING SECRETARY Katie Gargano, City Clerk 4. ROLL CALL City Clerk Gargano called the role of the following City Councilors: Councilor Cheney, Councilor Soucy, Councilor Hoffman, Councilor Haynes, Councilor Bogert and Councilor Felch. Mayor Hosmer noted that all 6 Councilors were in attendance and a quorum was established. 5. STAFF IN ATTENDANCE Kirk Beattie, City Manager; Glenn Smith, Finance Director 6. COUNCIL PROCLAMATION 7. ACCEPTANCE OF MINUTES FROM PREVIOUS MEETINGS 7.A. City Council regular meeting minutes of January 13, 2025 Minutes of the Laconia City Council meeting of January 13, 2025 were distributed to members of the City Council on January 16, 2025. With no corrections or changes submitted to the Clerk, the minutes were accepted as distributed. 8. CONSENT & ACTION ITEMS 9. CITIZEN COMMENTS FOR MATTERS NOT ON THE AGENDA John McCardle of Shore Drive thanked Councilor Cheney for an item they will be discussing later this evening. 10. INTERVIEWS 11. NOMINATIONS, APPOINTMENTS & ELECTIONS 12. COMMUNICATIONS 10. INTERVIEWS 11. NOMINATIONS, APPOINTMENTS & ELECTIONS 12. COMMUNICATIONS 13. PUBLIC HEARINGS 13.A. Public Hearing - Resolution 2025-01 - Request to change traffic restrictions on Lexington Drive Notice of this Public Hearing was made available in the January 16, 2025 edition of the Laconia Daily Sun, and posted at Laconia City Hall, Laconia Community Center, Laconia Public Library and the offices of the SAU. Action on this item may be taken up under Unfinished Business. Mayor Hosmer opened the Public Hearing at 7:03 PM John McCardle of Shore Drive said he brought this to the attention of Councilor Cheney, and he was glad Councilor Cheney brought it to the Council. He does appreciate the city taking the time to investigate the conflicting signs on Lexington Drive. Mayor Hosmer closed the Public Hearing at 7:04 PM 13.B. Public Hearing - Resolution 2025-02 - Request to submit a grant application to, and accept funding from, the State of New Hampshire Transportation Alternatives Program (TAP) for Segments D, F, G and H of the WOW Trail Opechee Loop Notice of this Public Hearing was made available in the January 16, 2025 edition of the Laconia Daily Sun, and posted at Laconia City Hall, Laconia Community Center, Laconia Public Library and the offices of the SAU. Action on this item may be taken up under Unfinished Business. Mayor Hosmer opened the Public Hearing at 7:04 PM No one from the public wished to speak. Mayor Hosmer closed the Public Hearing at 7:05 PM 14. PRESENTATIONS 15. MAYOR'S REPORT Mayor Hosmer noted at the last meeting, the Council voted to create a citizen advisory ad-hoc committee to review the RFQ’s that came in this fall for the parcel at the end of Old North Main Street and intersection of North Main Street. Mayor Hosmer appointed the following people to the committee: Councilor Cheney, Councilor Hoffman, James Ollie Anderson, Matt Cashman, Bill Milner, Mike Little, John Moriarty, Catherine Bohler, Asheena Miller, Meghan Daubenspeck, Laura Lemien, Jason Sproul and Mayor Hosmer. The first introductory meeting will take place in February and there will be a follow-up meeting after. He does not anticipate the need for multiple meetings. 16. COUNCIL COMMENTS Councilor Cheney asked the manager to give them an update about the letter regarding issues with the trustees of the trust funds sent from Ollie Anderson, He also asked back in October for someone to provide him with the rules and regs regarding vegetation on the waters edge. He’d like to hear from the parks & rec dept. He’d like to add a city councilor to the ZBA. Manager Beattie is going to see if it is possible, he believes there is an RSA against it. Councilor Cheney would also like to meet with the school’s superintendent office about the design for the elm street school rerouting traffic. And he noted a constituent called regarding Hayes Rd, they were told the maintenance was going to discontinue as of 12/31/24. He’d  Councilor Cheney asked the manager to give them an update about the letter regarding issues with the trustees of the trust funds sent from Ollie Anderson, He also asked back in October for someone to provide him with the rules and regs regarding vegetation on the waters edge. He’d like to hear from the parks & rec dept. He’d like to add a city councilor to the ZBA. Manager Beattie is going to see if it is possible, he believes there is an RSA against it. Councilor Cheney would also like to meet with the school’s superintendent office about the design for the elm street school rerouting traffic. And he noted a constituent called regarding Hayes Rd, they were told the maintenance was going to discontinue as of 12/31/24. He’d like to know how to make it a public road. There is a large development being built on that road; he believes 50 units that will be using Hayes rd., and they may also be seeking access from Watson Rd. Councilor Soucy would like an update on the Parking Garage, Manager Beattie confirmed they have signed purchase and sales. Councilor Felch attended the sled dog race meeting this weekend. Weather permitting the race is still on. Councilor Bogert talked about HB143 was heard by committee, HB143 is relative to the issuance of no trespass orders on City Property and School District Property. 17. COMMITTEE REPORTS 17.A. FINANCE (Soucy, Cheney and Hoffman) 17.A.i. WOW Trail Funding 17.A.ii. Downtown TIF Financing 17.B. PUBLIC SAFETY (Cheney (Chair), Soucy and Felch) Chairman Cheney noted a meeting was held last week to discuss specifically the graffiti problem downtown, there was also other issues brought up was the idea of purchasing some gators to allow the police department to patrol more downtown, in Lakeport and in the Weirs. The other item that was discussed was software needed for a real-time crime lab. They got a 200k grant, there is additional software needed, Chief Canfield explained that other cameras could be given access like the ring cameras, we have some cameras now, probably not enough, it is currently being used by the City of Manchester and other places successfully. They will be requesting a demo for the council to see what the company proposes. The company is called Axon. Mayor Hosmer would like to see the city partner with other cities to try to share the expense or try to get the cost down. The cost is $150,000/yr for the software. 17.C. GOVERNMENT OPERATIONS & ORDINANCES (Haynes, Felch, Cheney) Chairman Haynes noted there is meeting this Thursday at 2pm to look at the noise ordinance. 17.C.i. Regulation of Short Term Residential Rental Businesses 17.C.ii. Proposed Historic Overlay District 17.C.iii. Use of public property by for-profit entities 17.C.iv. Performance Zoning 17.C.v. Code Enforcement on property maintenance 17.C.vi. Time frame for demolition permits 17.D. LAND & BUILDINGS (Bogert, Haynes, Felch) 17.D.i. Downtown parking garage 17.D.ii. Repair & maintenance of City buildings  17.D. LAND & BUILDINGS (Bogert, Haynes, Felch) 17.D.i. Downtown parking garage 17.D.ii. Repair & maintenance of City buildings 17.D.iii. Plan for the DPW Compound 17.E. PUBLIC WORKS (Haynes (Chair), Hoffman, Soucy) 17.E.i. Retaining Wall Policy 17.E.ii. Discussion for converting from a manual to an automated solid waste curbside collection service 17.F. APPOINTMENTS (Councilors Soucy (Chair), Cheney and Haynes) 18. LIAISON REPORTS 19. CITIZENS REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS Sean Flanagan of 24 Allen Ave said he knows this evening they are going to be speaking about zoning for casinos. He was disappointed that the public hearing was going to be held in February, he doesn’t feel like Lakeside Ave is the right location, he wants to see seasonal people given the opportunity to speak on this subject later. 20. CITY MANAGER'S REPORT 20.A. Project Updates Report Manager Beattie reviewed the report with the council. The items touched on were the Hilliard Rd Culvert, the Weirs Beach Boat Dock reconfiguration, the Weirs Beach sand restoration, the state school buyers and engineers. 20.B. Monthly Economic Development Report Manager Beattie reviewed the report with the council. Highlights include the final annualized CPI number for the year is 2.96%. This will be the final number for part of the tax cap calculation. 21. NEW BUSINESS 21.A. Ordinance 2025-235-13, 42 - Amending Chapter 235, Zoning, relative to Article II Definitions and Word Usage, §235-13 Definitions; Article VII Supplementary Provisions, §235-42 Non Residential Uses; and Attachment 2 Table of Permitted Uses This proposed amendment to the Zoning Ordinance will add provisions to Article II, Article VII, and Attachment 2 related to the regulation of games of chance and casino use in the City. These provisions include definitions, performance standards, and adding the use to the Table of Permitted Uses. Specifically, “casino” and “games of chance” will be added as definitions to the Zoning Ordinance to ensure they comply with State statutes and regulations. Performance standards which prevent the location of casinos next to places of worship, schools, daycare facilities, and healthcare facilities, the amount of parking required, and restricting the use to major resort corridors within the City will be added as well. The Table of Permitted Uses will be updated accordingly to ensure that casinos are permitted solely in the Commercial Resort District and must receive a Conditional Use Permit from the Planning Board prior to operating. Establishments currently offering Lottery, Keno, and Bingo will not be impacted by this amendment and will continue to operate business as usual. In accordance with Article XIV of the Zoning Ordinance, the Planning Board must review, approve, and hold a public hearing on all Zoning Ordinance amendments. It was unanimously approved by the  the amount of parking required, and restricting the use to major resort corridors within the City will be added as well. The Table of Permitted Uses will be updated accordingly to ensure that casinos are permitted solely in the Commercial Resort District and must receive a Conditional Use Permit from the Planning Board prior to operating. Establishments currently offering Lottery, Keno, and Bingo will not be impacted by this amendment and will continue to operate business as usual. In accordance with Article XIV of the Zoning Ordinance, the Planning Board must review, approve, and hold a public hearing on all Zoning Ordinance amendments. It was unanimously approved by the Planning Board following a public hearing at their January 7, 2025, meeting and referred to the City Council for their review and approval. Councilor Cheney made a motion to table the item until May, Seconded by Councilor Haynes. The motion is nondebatable. Item 21. A. was tabled with all in favor. 6-0 21.B. Resolution 2025-03 - Request to transfer $32,000 from the LED Streetlight Capital Reserve Fund to the Parking Kiosk Capital Reserve Fund In 2022 the City Council created the Parking Kiosk Capital Reserve Fund to provide for the upgrade of parking kiosks and placed $15,000 in this fund. Also, in 2022, the City Council created the LED Streetlight Capital Reserve Fund to provide monies for the replacement of LED lights and placed $40,000 into this fund. The anticipated need to replace a significant number of LED streetlights as they came off warranty in 2023 did not materialize, and it is now believed that the LED Streetlight Capital Reserve Fund is overfunded. At the same time, the cost of upgrading Parking Kiosks at Endicott Park and Lakeside Avenue is greater than anticipated. Therefore, it is requested that $32,000 be transferred from the LED Streetlight Capital Reserve Fund to the Parking Kiosk Capital Reserve Fund to accommodate the cost of upgrading parking kiosks as needed. Councilor Cheney made a motion to waive a reading of Resolution 2025-03 in its entirety and to read by title only. Seconded by Councilor Hoffman. Discussion: Councilor Haynes asked how many streetlights do we have that are LED? Director Anderson stated approximately 1500 are LED. Councilor Felch stated he would like to see a parking kiosk software that can be used with an application on people smart phones. The motion passed with all in favor. 6-0 Councilor Felch made a motion to move a first reading of Resolution 2025-03 relative to a request to transfer $32,000 from the LED Streetlight Capital Reserve Fund to the Parking Kiosk Capital Reserve Fund to accommodate the cost of upgrading parking kiosks as needed. Seconded by Councilor Soucy. Discussion: None. The motion passed with all in favor. 6-0 Councilor Felch made a motion to schedule a Public Hearing on February 10, 2025, during the regular City Council meeting to gather public input prior to any action being taken. Seconded by Councilor Haynes. Discussion: None. The motion passed with all in favor. 6-0 21.C. Ordinance 194-24 - Request to increase the fees for disposing of tires at the Transfer Station and to establish a late fee for customers with a Transfer Station account Proposed increase in tire recycling fees: The City uses the State’s contract to recycle tires brought to the Transfer Station. The cost of recycling tires in the new state contract increased, thus increasing the City’s costs for passenger car tires, light truck tires and heavy truck tires. Public Works is requesting a fee increase to ensure Proposed increase in tire recycling fees: The City uses the State’s contract to recycle tires brought to the Transfer Station. The cost of recycling tires in the new state contract increased, thus increasing the City’s costs for passenger car tires, light truck tires and heavy truck tires. Public Works is requesting a fee increase to ensure the fees the city charges at the Transfer Station covers the cost of recycling tires. The following chart compares the current fees against the proposed fees. Current Description Current Transfer Station fee Proposed description Proposed Transfer Station fee Automobile tires $6.00 Passenger Car (up to and including 20”) $7.00 Truck tire (Over 18”) $10.00 Light truck tire (LT series - 6 ply up to and including 19.5” inches) $13.00 Heavy truck tire (up to and including 24.5 inches) $29.00 Proposed fee for late payment of invoices for Transfer Station charge account customers: The City provides the Transfer Station’s large volume customers the ability to establish an account. The City bills these customers once a month. When the City established the system, it did not create a fee to charge these customers when payments are late. Overdue payments are becoming more common. City staff is requesting the City Council establish a late fee to encourage timely payments minimizing any impact on the City’s cash flow. The following are the proposed late fees: Amount owed Late Fee – Effective at 60 Days Late Fee – Effective at 90 Days 0-$100 $25 $50 $101 - $1,000 $100 $200 $1,000 - $5,000 $250 $500 $5,000+ $500 $1,000 Customers bringing solid waste to Laconia’s Transfer Station from outside the City may take these materials to other disposal sites. If this happens it will reduce the Transfer Station revenue which helps fund other elements of the City’s solid waste program. I do not anticipate that this will happen often as these customers may have the following increased costs associated with this option. · Travel time to an alternate disposal site · Time waiting to offload the solid waste · Fees for disposing of the solid waste Councilor Cheney made a motion to waive a reading of Ordinance 2025-194-24 in its entirety and to read by title only. Seconded by Councilor Felch. Discussion: None. The motion passed with all in favor. 6-0 Councilor Felch made a motion to move a first reading of Ordinance 2025-194-24 relative to increasing the fees for disposing of tires at the Transfer Station and to establish a late fee for customers with a Transfer Station account. Seconded by Councilor Hoffman. Discussion: None. The motion passed with all in favor. 6-0 Councilor Felch made a motion to schedule a Public Hearing on February 10, 2025, during the regular City Council meeting to gather public input prior to any action being taken. Seconded by Councilor Haynes. Discussion: None. The motion passed with all in favor. 6-0  The motion passed with all in favor. 6-0 Councilor Felch made a motion to schedule a Public Hearing on February 10, 2025, during the regular City Council meeting to gather public input prior to any action being taken. Seconded by Councilor Haynes. Discussion: None. The motion passed with all in favor. 6-0 21.D. Authorize acceptance of funds from John and Eleanor Tivnan in the amount of $500.00 to fund the development of a firearms range for the Laconia Police Department Per Section 5:06 of the City Charter and RSA 31:95-b, acceptance and expenditure of unanticipated funds in amounts less than $10,000 made available during the fiscal year require approval of the City Council. By acceptance of these funds, the Laconia Police Department will be able to start the planning process to develop a Firearms Range for the Laconia Police Department. The Police Department currently uses the Town of Gilford’s Police Department Range for qualifications. While the use of the Town of Gilford’s range is free to the Laconia Police Department, the use of range has to be scheduled. By developing a Firearms Range for the Laconia Police Department, there would be much more flexibility for Laconia Police Officers to train at the range. Councilor Cheney made a motion to accept the amount of $500.00 from John and Eleanor Tivnan to fund the development of a firearms range for the Laconia Police Department. Seconded by Councilor Soucy. Discussion: None. The motion passed with all in favor. 6-0 22. UNFINISHED BUSINESS 22.A. Resolution 2025-01 - Request to change traffic restrictions on Lexington Drive Councilor Cheney requested that the “Do not Enter” sign (3 pm to 4 pm) Monday-Friday on Lexington Drive west of Primrose be changed to a “No Thru Traffic” sign (3 pm to 4 pm) Monday-Friday. Public Works has completed its research on the request. The results of the research follow: Based on RSA 47:17 Paragraph VIII; Traffic Devices and Signals; The use of No Thru Traffic signs on City streets are only allowed if “The erection, removal and maintenance of all such devices shall conform to applicable state statutes and the latest edition of the Manual on Uniform Traffic Control Devices.” The previous Manuals on Uniform Traffic Control Devices did not include No Thru Traffic signs. Therefore, the City could not use them. The 2023 edition of the Manual on Uniform Traffic Control Devices that took effect in 2024 includes the sign. Therefore, the City Council can now approve the use of the sign. The City Council in 2002 approved the installation of the Do Not Enter sign. Our record on the action follows: Lexington Drive – Section 64 a. No Turning: (1) When proceeding on Lexington Drive, right- and left-hand turns onto Lynnwood Road are prohibited from 3:00 pm to 5:30 pm. (21-79-1 of 2/26/79 and 24-79-4 of 7/30/79) (Repealed per Ordinance 183-90-9 of 9/24/90)  a. No Turning: (1) When proceeding on Lexington Drive, right- and left-hand turns onto Lynnwood Road are prohibited from 3:00 pm to 5:30 pm. (21-79-1 of 2/26/79 and 24-79-4 of 7/30/79) (Repealed per Ordinance 183-90-9 of 9/24/90) . . . remove the DO NOT ENTER signs from Lynnwood Rd. at Lexington Dr. and Shore Dr. at Lexington Dr. and relocate them at Lexington Drive after Astro before Algonquin and Penny Lane that state DO NOT ENTER from 3:00 P.M. to 4:00 P.M. Monday-Friday. (2/11/02) Astro is a division of NH Ball Bearings; its street address is 155 Lexington Avenue. The City Council to change the Do Not Enter sign to a No Thru Traffic sign should direct the removal of the Do Not Enter sign that was approved on February 11, 2002, and approve installation of a No Thru Traffic sign (3 pm to 4 pm) Monday-Friday in its place. At the January 13, 2025, City Council meeting a motion was approved to schedule a Public Hearing on this matter; that Public Hearing was held earlier this evening. Councilor Haynes made a motion to waive a reading of Resolution 2025-01 in its entirety and to read by title only. Seconded by Councilor Cheney. Discussion: None. The motion passed with all in favor. 6-0 Councilor Cheney made a motion to move a second reading of Resolution 2025-01 relative to removal of the “DO NOT ENTER from 3:00 P.M. to 4:00 P.M. Monday-Friday” sign in the vicinity of 155 Lexington Drive and installation of a “No Thru Traffic from 3:00 P.M. to 4:00 P.M. Monday-Friday” sign in its place. Seconded by Councilor Soucy. Discussion: None. The motion passed with all in favor. 6-0 Councilor Cheney made a motion to approve Resolution 2025-01 relative to removal of the “DO NOT ENTER from 3:00 P.M. to 4:00 P.M. Monday-Friday” sign in the vicinity of 155 Lexington Drive and installation of a “No Thru Traffic from 3:00 P.M. to 4:00 P.M. Monday-Friday” sign in its place”, as presented. Seconded by Councilor Soucy. Discussion: None. The motion passed with all in favor. 6-0 22.B. Resolution 2025-02 - Request to submit a grant application to, and accept grant funding from, the State of New Hampshire Transportation Alternatives Program (TAP) for Segments D, F, G and H of the WOW Trail Opechee Loop Laconia’s Lakeport and Downtown are currently linked by the WOW Trail, providing non-motorized options for residents and visitors to safely travel between these two growing business and cultural centers of Laconia. The Opechee Loop is designed to enhance safe pedestrian and bicycle connections from adjacent residential neighborhoods to these important destinations, including connections to schools, state and local parks, beaches and a future significant mixeduse development. This enhanced pedestrian and bicycle loop includes a mix of on-street bicycle enhancements and improved/widened sidewalks (side paths). The Opechee Loop will take advantage of existing infrastructure for efficiency. Currently, segments A and C of this project are either funded and/or scheduled, including an NBRC grant for Segment A and another TAP (43731 - Elm St Pedestrian Improvements) grant for Segment C scheduled for construction in (2028). -Segment D will build upon the existing TAP project to extend the trail from Hickory Stick to Parade Rd. -Segment F will be an on street painted route along all of Shore Dr.  -Segment D will build upon the existing TAP project to extend the trail from Hickory Stick to Parade Rd. -Segment F will be an on street painted route along all of Shore Dr. -Segment G will be an on street painted route along Holman St. and Gale Ave. -Segment H will have a widened sidewalk along a portion of Pleasant St. The match requirement for the grant is 20%. Anticipated project cost $2,300,000 Federal share $1,840,000 City share $460,000 At the January 13, 2025, City Council meeting a motion was approved to schedule a Public Hearing on this matter; that Public Hearing was held earlier this evening. Councilor Soucy made a motion to waive a reading of Resolution 2025-02 in its entirety and to read by title only. Seconded by Councilor Felch. Discussion: None. The motion passed with all in favor. 6-0 Councilor Felch made a motion to move a second reading of Resolution 2025-02, relative to submitting a grant application to, and accepting grant funding from, the State of New Hampshire Transportation Alternatives Program (TAP) for Segments D, F, G and H of the WOW Trail Opechee Loop. Seconded by Councilor Hoffman. Discussion: None. The motion passed with all in favor. 6-0 Councilor Felch made a motion to approve Resolution 2025-02, relative to submitting a grant application to, and accepting grant funding from, the State of New Hampshire Transportation Alternatives Program (TAP) for Segments D, F, G and H of the WOW Trail Opechee Loop, as presented. Seconded by Councilor HOffman. Discussion: None. The motion passed with all in favor. 6-0 22.C. Petition to accept Janes Avenue as a public highway The City has received a petition to layout Janes Ave as a public highway. The majority of the property owners have provided the necessary easements to accept Janes Ave as a public highway. The owner of 49 Centenary Ave, a property that abuts Janes Ave, has not provided an easement. Copies of all easements received from the abutting property owners are attached to the agenda. Because the Planning Board has not previously approved a plat for Janes Avenue, a road plat for Janes will need to be reviewed by the Planning Board prior to coming to City Council. As part of this layout process, a plat has been prepared by the City. The plat is scheduled to be reviewed by the Planning Board on February 4, 2025. Pursuant to RSA 674:40 III, if approved by the Planning Board, the layout need only be approved by a majority vote of those Councilors present and voting at a regular or special meeting; or If disapproved by the Planning Board, the plat will require approval of at least 2/3 of those present and voting at a regular or special meeting. Following the Planning Board meeting, the City will need to send notice by registered mail to all property owners and any mortgagors at least 30 days prior to a scheduled public hearing; Public Works recommends that the City Council schedule a public hearing on April 14, 2025, to consider a majority vote of those Councilors present and voting at a regular or special meeting; or If disapproved by the Planning Board, the plat will require approval of at least 2/3 of those present and voting at a regular or special meeting. Following the Planning Board meeting, the City will need to send notice by registered mail to all property owners and any mortgagors at least 30 days prior to a scheduled public hearing; Public Works recommends that the City Council schedule a public hearing on April 14, 2025, to consider the petition. This will ensure staff has sufficient time to notify all property owners to include their mortgage companies. After the public hearing, the City Council as part of the deliberative process to determine whether to accept the road must consider the following factors: a. Integration with the existing road system; b. Ease City’s existing traffic; c. Improvement to the convenience of traffic; d. Facilitation of transportation for school children; e. Improved accessibility to business districts and employment centers; f. Improved accessibility for fire, police and other emergency services; g. Whether it would benefit a significant portion or just a small fraction of the City’s tax base or year- round residents; h. Anticipated frequency of road use. The public interest as defined above is balanced against the burden to the City if the petition is granted. These burdens include things such as anticipated construction and on-going maintenance costs pertaining to the road itself, as well as the impact on the City’s infrastructure due to municipal growth as a result of the increased traffic on the road. The City must determine the value of the damages for “taking” the right of way for those property owners who did not provide easements, if any. A dissatisfied landowner who opposes the lay-out of the road has the right of appeal to the Superior Court if the appeal is filed within 60 days. The City determines the value of damages for those landowners opposed to the Petition: · The value of the land is determined by an impartial appraiser or multiple appraisals if the landowner wants to have their own impartial appraisal done; · Reasonable efforts to negotiate with the landowner · A written notice of the offer with the basis of the offer must be made public and served by certified mail. If the offer is accepted, transfer and the payment must be complete within 30 days absent an agreed upon extension. If the offer is not accepted the City Council can move to a “declaration of taking” under RSA 498-A:5 to the Board of Tax and Land Appeals (“BTLA”) or the owner can appeal the amount of damages only to the BTLA. Public Works estimate of the fiscal impact of accepting Janes Ave as a public highway follows: · The cost of the return or the court action.  amount of damages only to the BTLA. Public Works estimate of the fiscal impact of accepting Janes Ave as a public highway follows: · The cost of the return or the court action. · Increase in the annual maintenance costs until the City paves the road is estimated to be $7,500 · The backlog of road projects will increase by $24,000. Councilor Felch made a motion to schedule a Public Hearing on April 14, 2025, to receive input from abutting property owners and City residents on accepting Janes Ave as a public highway. Seconded by Councilor Soucy. Discussion: None. The motion passed with all in favor. 6-0 22.D. Petition to accept Hillcrest Drive as a public highway The City has received a petition to layout Hillcrest Drive as a public highway. The majority of the property owners have provided the necessary easements to accept the private sections of Hillcrest Drive as a public highway. Two owners of property that abuts the private sections of Hillcrest Drive have not provided easements. Copies of all easements received from the abutting property owners are attached to the agenda. Because the Planning Board has previously approved a plat for Hillcrest Drive, a road plat for Hillcrest Drive does not have to be reviewed by the Planning Board prior to coming to City Council. As part of this layout process, a plat has been prepared by the City. A copy of the plat is attached to the agenda. Pursuant to RSA 674:40 III, the layout needs only be approved by a majority vote of those Councilors present and voting at a regular or special meeting. The City will need to send notice by registered mail to all property owners and any mortgagors at least 30 days prior to a scheduled public hearing; Public Works recommends that the City Council schedule a public hearing on April 14, 2025, to consider the petition. This will ensure staff has sufficient time to notify all property owners to include their mortgage companies. After the public hearing, The City Council as part of the deliberative process to determine whether to accept the road must consider the following factors: a. Integration with the existing road system; b. Ease City’s existing traffic; c. Improvement to the convenience of traffic; d. Facilitation of transportation for school children; e. Improved accessibility to business districts and employment centers; f. Improved accessibility for fire, police and other emergency services; g. Whether it would benefit a significant portion or just a small fraction of the City’s tax base or year- round residents; h. Anticipated frequency of road use. The public interest as defined above is balanced against the burden to the City if the petition is granted. These burdens include things such as anticipated construction and on-going maintenance costs pertaining to the road itself as well as the impact on the City’s infrastructure due to municipal growth as a result of the increased traffic on the road.  The public interest as defined above is balanced against the burden to the City if the petition is granted. These burdens include things such as anticipated construction and on-going maintenance costs pertaining to the road itself as well as the impact on the City’s infrastructure due to municipal growth as a result of the increased traffic on the road. The City must determine the value of the damages for “taking” the right of way for those property owners who did not provide easements, if any. A dissatisfied landowner who opposes the lay-out of the road has the right of appeal to the Superior Court if the appeal is filed within 60 days. The City determines the value of damages for those landowners opposed to the petition: · The value of the land is determined by an impartial appraiser or multiple appraisals if the landowner wants to have their own impartial appraisal done; · Reasonable efforts to negotiate with the landowner · A written notice of the offer with the basis of the offer must be made public and served by certified mail. If the offer is accepted, transfer and the payment must be complete within 30 days absent an agreed upon extension. If the offer is not accepted the City Council can move to a “declaration of taking” under RSA 498-A:5 to the Board of Tax and Land Appeals (“BTLA”) or the owner can appeal the amount of damages only to the BTLA. Fiscal Impact: Public Works estimate of the fiscal impact of accepting Hillcrest Drive as a public highway follows: · The cost of the return or the court action. · Increase in the annual maintenance costs until the City paves the road is estimated to be $16,000 · The backlog of road projects will increase by $430,000. Councilor Felch made a motion to schedule a public hearing on April 14, 2025, to receive input from abutting property owners and City residents on accepting Hillcrest Drive as a public highway. Seconded by Councilor Cheney. Discussion: None. The motion passed with all in favor. 6-0 22.E. Community Power Authorization This agenda item is for the City Council to review the Final Draft of the Laconia Electric Aggregation Plan. No Council action is being requested at this meeting. In accordance with RSA 53-E:6, the Electric Aggregation Committee unanimously approved the final draft of the plan at their meeting on January 9, 2025. Once adopted, the Final Plan will be sent to the Public Utilities Commission (PUC) for their review. After the PUC approves the Plan, the City Manager will work with Freedom Energy under the guidance of City Council to implement the program. The Planning Department recommends that, at their next meeting on February 10th, the City Council takes action to adopt the final plan and refer it to the PUC for their review and approval. Mayor Hosmer referred the draft to be reviewed by the Government Ordinance and Operations subcommittee with the Electrical Aggregation committee prior to the February 10, 2025, City Council meeting. 23. FUTURE AGENDA ITEMS 23.A. Master Plan  Mayor Hosmer referred the draft to be reviewed by the Government Ordinance and Operations subcommittee with the Electrical Aggregation committee prior to the February 10, 2025, City Council meeting. 23. FUTURE AGENDA ITEMS 23.A. Master Plan 23.B. Milfoil Treatment funding requests 23.C. Sewer & Water Master Plan 23.D. Single Stream Recycling/Concord Co-op/Solid Waste disposal cost reductions 23.E. Strategic Planning/Goal Setting 23.F. WOW Trail 23.G. Weirs Beach Restoration Project 23.H. Fair St/Court St traffic problems and accidents 24. Any other business that may come before the Council 25. NON-PUBLIC SESSION (According to RSA 91-A:3, II) 26. ADJOURNMENT Mayor Hosmer adjourned the meeting at 7:55 PM. Respectfully submitted, Katie Gargano, City Clerk