City Council

Minutes were approved by the Laconia City Council on 9/22/2025. CITY OF LACONIA - CITY COUNCIL MEETING City Hall - Armand A. Bolduc City Council Chamber 7:00 P.M. 9/8/2025 - Minutes 1. CALL TO ORDER Mayor St. Clair called the meeting to order at 7:00 PM 2. SALUTE TO THE FLAG Councilor Bogert led the salute to the flag. 3. RECORDING SECRETARY Katie Gargano, City Clerk 4. ROLL CALL Clerk Gargano called the roll of the following Councilors: Councilor Cheney, Councilor Soucy, Councilor Hoffman, Councilor Haynes, and Councilor Bogert. Mayor St. Clair confirmed that 5 councilors were in attendance, and a quorum was established. Absent: Councilor Felch 5. STAFF IN ATTENDANCE Kirk Beattie, City Manager; Glenn Smith, Finance Director 6. COUNCIL PROCLAMATION 7. ACCEPTANCE OF MINUTES FROM PREVIOUS MEETINGS 7.A. Regular City Council meeting minutes of August 25, 2025 Minutes of the Laconia City Council meeting of August 25, 2025 were distributed to members of the City Council on September 5, 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 Patrick Wood, Ward 1- addressed the council about letters to the editor that are about the lack of transparency of the human relations committee and the city council. His response is 2-fold- number one it is upsetting, and number 2 is if the people who write the letters actually came to the meetings, they would see how open and transparent the council is. He invites them to attend all the meetings of the human relations committee, the city council, planning and zoning. Lastly, tomorrow is election day, and he wishes everyone luck tomorrow and at the county commissioners meeting, they commented about us having a new mayor and they wished him well.  transparency of the human relations committee and the city council. His response is 2-fold- number one it is upsetting, and number 2 is if the people who write the letters actually came to the meetings, they would see how open and transparent the council is. He invites them to attend all the meetings of the human relations committee, the city council, planning and zoning. Lastly, tomorrow is election day, and he wishes everyone luck tomorrow and at the county commissioners meeting, they commented about us having a new mayor and they wished him well. 10. INTERVIEWS 11. NOMINATIONS, APPOINTMENTS & ELECTIONS 12. COMMUNICATIONS 13. PUBLIC HEARINGS 13.A. Public Hearing - Resolution 2025-28 - A Resolution to adopt and set the amount of the property tax credit for disabled veterans for service connected total disability Notice of this Public Hearing was made available in the August 28, 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 St. Clair opened the Public Hearing at 7:05 PM. No one from the public wished to speak. Mayor St. Clair closed the Public Hearing at 7:06 PM. 13.B. Public Hearing - Ordinance 2025-235-12, 235-13, 235-41 and Table of Permitted Uses related to keeping domestic chickens as a residential accessory use in the City Notice of this Public Hearing was made available in the August 28, 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 St. Clair opened the Public Hearing at 7:06 PM. Marcia Hayward, Ward 3 spoke in opposition of the proposed ordinance. Mayor St. Clair closed the Public Hearing at 7:10 PM. 13.C. Public Hearing - Petition to accept Thompson Avenue as a public highway Notice of this Public Hearing was made available in the August 20, 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 St. Clair opened the Public Hearing at 7:11 PM. Marcia Hayward, Ward 3 spoke in opposition to the acceptance of the road. George Winchell 11 & 19 Thompson Ave spoke in favor of the acceptance of the road. Mayor St. Clair closed the Public Hearing at 7:12 PM.  Marcia Hayward, Ward 3 spoke in opposition to the acceptance of the road. George Winchell 11 & 19 Thompson Ave spoke in favor of the acceptance of the road. Mayor St. Clair closed the Public Hearing at 7:12 PM. 14. PRESENTATIONS 15. MAYOR'S REPORT Mayor St. Clair stated that Election Day is tomorrow, he hopes to hear about a good turnout. He’d also like to remind people that we are 3 days away from 9/11 and he thinks it is unfortunate that some people have forgotten about it. There will be ceremonies throughout the state. Thank you to the council to have enough confidence to put him in this seat. 16. COUNCIL COMMENTS Councilor Cheney thanked and appreciated Mayor St. Clair for stepping up and putting his name in for the position as our new mayor. Councilor Bogert stated there was a meeting on Friday about God Pods, he has been contacted by a number of people who have questions because one of the locations mentioned for these to go was in Ward 5. They have been dealing with illegal camping in ward 5 for the past 3 years. He has a series of questions he’d like to ask the City Manager and he is looking for yes or no answers. 1. Has the City Council asked the City Manager to work on a project called “god pods” No. 2. Are there any city subcommittees discussing this subject? No. 3. Are there any special committees that are discussing it? Yes, the human relations committee has been discussing it. Since the Human Relations committee is a special committee created by the Mayor, when the mayor left did the special committee dissolve? Manager Beattie will ask our Legal Counsel and will provide an update to the Council. Councilor Bogert noted he wanted to ask these questions in the public to assure the community that the City Council is not taking any action on this subject, that special Committee is only having a conversation. 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) 17.C. GOVERNMENT OPERATIONS & ORDINANCES (Haynes, Felch, Cheney) 17.C.i. Regulation of Short Term Residential Rental Businesses 17.C.ii. Proposed Historic Overlay District 17.C.iii. Performance Zoning 17.C.iv. Time frame for demolition permits 17.D. LAND & BUILDINGS (Bogert, Haynes, Felch)  17.C.iii. Performance Zoning 17.C.iv. 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.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 Kristin Bastille, Ward 3 spoke in favor of 21D. 20. CITY MANAGER'S REPORT 20.A. Financial and Operational Trends Report Manager Beattie presented the Financial and Operational Trends Report to the City Council. Some information is missing from the Police data, Manager Beattie will include 2 months of information on next months report. Councilor Soucy asked when money is used out of a TIF if it can be itemized out. Manager Beattie stated that he will make the change to the report. Councilor Haynes stated a few years ago there was a discussion about a pedestrian walk signal at Wyatt Park at Rte. 106/Province St. He’d like Manager Beattie to speak with DPW Director about where that conversation ended. He believes a walk signal is very important in that area with several kids going to the park. Councilor Cheney stated he had questions about who owns the crosswalks in the Weirs, Manager Beattie confirmed they belong to the city. Councilor Cheney has received 3 complaints about the crosswalks not being painted at the traffic circle. He understands there may be personnel issues at DPW, but he’d like to know an update from DPW on when they can paint them. Councilor Bogert commented he’d like to see the crosswalks dual colored that help highlight where the crosswalks are. He’d like to see the city think about the idea, he’s seen it in other communities, and he asked the Department Of Transportation and they said it is up to the city. Director Anderson will have a conversation with Councilor Bogert. 21. NEW BUSINESS 21.A. Temporary Traffic Order 2025-17 - Movie Night on Canal Street Beth Castrucci, on behalf of Celebrate Laconia, has requested the closure of Canal Street in connection with “Movie Night on Canal Street” to be held on Saturday, September 20, 2025 7:30 pm to 9:30 pm. 21.A. Temporary Traffic Order 2025-17 - Movie Night on Canal Street Beth Castrucci, on behalf of Celebrate Laconia, has requested the closure of Canal Street in connection with “Movie Night on Canal Street” to be held on Saturday, September 20, 2025 7:30 pm to 9:30 pm. The attached Temporary Traffic Order to the agenda requests closure of Canal Street beginning at 2:00 pm to allow ample time for setup of the event. The Colonial Theatre has an event that evening, and the City Manager has been in contact with the event manager at the theatre regarding coordinating parking of any tour buses, etc. in relation to their concert. The Special Events Review Committee approved this request at their September 3, 2025 meeting. Staff recommends the City Council approve the proposed Temporary Traffic Order as presented, contingent upon coordination of parking of tour buses and related vehicles in relation to a concert scheduled at the Colonial Theatre. Councilor Haynes made a motion to approve Temporary Traffic Order 2025-17 for “Movie Night on Canal Street” to be held on Saturday, September 20, 2025, as presented, contingent upon coordination of parking of tour buses and related vehicles in relation to a concert scheduled at the Colonial Theatre. Seconded by Councilor Soucy. Discussion: Councilor Bogert asked if the businesses been informed since it is an outside event. Manager Beattie stated that most businesses will be closed. The motion passed with all in favor. 5-0 21.B. Ordinance 2025-235-21 - Amending Chapter 235, Zoning, relative to Article IV, Overlay Districts, § 235-21, Housing Redevelopment Overlay District (HROD) This proposed amendment to the Zoning Ordinance is intended to rewrite the current Housing Redevelopment Overlay District (HROD). The current HROD has not been utilized since its adoption and is not serving its intended purpose of promoting redevelopment of affordable housing, encouraging investment in multi-family housing stock, increasing the quality of living conditions for renters, and providing rental housing in close proximity to the central business districts. The proposed language to the HROD is intended to provide incentives and greater flexibility to developers and landlords to redevelop existing parcels within the HROD to better serve its intended purpose. Well-defined performance standards have been included to preserve the character of existing neighborhoods within the HROD. The City’s legal counsel reviewed and approved the proposed language. In accordance with Article XIV of the Zoning Ordinance, the Planning Board held a public hearing on and approved of the proposed ordinance at its August 5, 2025 meeting. Discussion: Director Mora handed out a document to the City Council providing background of the district. Councilor Cheney asked a question about why the number of work force housing units are linked to having a store or café. Director Mora explained it tries to bring back the small corner stores that used to be in the urban neighborhoods. And having areas where people could live and work is beneficial. Councilor Soucy asked what the definition of workforce housing. Director Mora didn’t have it right with him, but it is defined in state law. Councilor Soucy wants to see a zoning map fr the council so they can see where this would outline. Director Mora said he would prepare one. Councilor Hoffman was looking for some clarification, the difference between market rate and affordable housing is a very large gap and its only getting bigger. In order to facilitate redevelopment of more affordable housing of these older lot, these regulations gives leeway on dimensional standards, signage and parking requirements, Director Mora stated that is correct because a lot of these lots are older from the 40’s and 50’s and are already at maximum capacity/ percentage of greenspace needed. That would now require a trip to the zoning board to seek relief for green space or density, this will help developers get easier assess to a CUP to increase the density vs. going to  Councilor Hoffman was looking for some clarification, the difference between market rate and affordable housing is a very large gap and its only getting bigger. In order to facilitate redevelopment of more affordable housing of these older lot, these regulations gives leeway on dimensional standards, signage and parking requirements, Director Mora stated that is correct because a lot of these lots are older from the 40’s and 50’s and are already at maximum capacity/ percentage of greenspace needed. That would now require a trip to the zoning board to seek relief for green space or density, this will help developers get easier assess to a CUP to increase the density vs. going to zoning and seeking 4 or 5 variances. Councilor Hoffman asked if this is intended for properties that are harder to develop. Director Mora confirmed this is intended to give ability to redevelop already developed areas. Ideally, they’d like to see a developer come in and buy 2 or 3 lots, merge them together and lower the number of connections on the streets for utilities. Manager Beattie stated the invest NH program for workforce housing that they saw utilized in the 90 units that were built on Province Street is coming out with a Invest NH 2.0 program in the fall. Councilor Bogert noted he saw the unit minimum size is 400sq ft, does that include a kitchen & bath? Director Mora confirmed yes, it does. Councilor Bogert also asked about a conditional use permit- will they be able to make changes to buildings like shared restrooms or shared kitchens. Director Mora stated no, that would be the definition of a boarding house. Councilor Bogert asked about parking spaces. Can they request less than 1 parking space? Director Mora said that the State law has just changed to max 1 parking space per unit on any development. Councilor Bogert commented that on the Zoning maps the coloring is difficult to see. He also has concerns about parking to address the extra cars that will be parked in places they shouldn’t be. Director Mora stated in the new master plan there will be a transportation chapter. He also knows of DPW working on a project for permitted parking on the street. Councilor Cheney made a motion to waive a reading of Ordinance 2025-235-21 in its entirety and to read by title only. Seconded by Councilor Hoffman. Discussion: None. The motion passed with all in favor. 5-0 Councilor Haynes made a motion to conduct a first reading of Ordinance 2025-235-21 amending Chapter 235, Zoning, Article IV, Overlay Districts, § 235-21, Housing Redevelopment Overlay District (HROD). Seconded by Councilor Hoffman. Discussion: None. The motion passed with all in favor. 5-0 Councilor Hoffman made a motion to schedule a public hearing on September 22, 2025 during the regular City Council meeting to gather public input prior to adoption. Seconded by Councilor Soucy. Discussion: None. The motion passed with all in favor. 5-0 21.C. Proposed Change to the State Statute on the Winnipesaukee River Basin Program's Replacement Fund The WRBP provides wastewater treatment services to ten-member communities/agencies in the Lakes Region. Although operated by the NH Department of Environmental Services (NH DES), the cost of operating the WRBP is funded by the 10 members. The Replacement Fund is one of the Program’s four systems that fund its annual operations. The Replacement Fund is used to pay for emergency repairs and other repairs/work that are not included in WRBP’s (NH DES) budget. The Replacement Fund’s baseline funding requirements and reimbursement procedures are in accordance with State Statute (485-A.5; Replacement Fund Established).  The Replacement Fund is used to pay for emergency repairs and other repairs/work that are not included in WRBP’s (NH DES) budget. The Replacement Fund’s baseline funding requirements and reimbursement procedures are in accordance with State Statute (485-A.5; Replacement Fund Established). Baseline funding target in the Replacement Fund is adjusted every five years based on the new replacement value of the WRBP’s infrastructure. The new replacement value for FY 2025 to FY 2029 is $331 million. Using the new replacement value and the Statute’s 5% requirement, all the members’ payments for the next five years are based on bringing the Fund’s baseline value to $16 million. The WRBP does not need $16 million in the Replacement Fund to perform the type of repairs and work paid for using this fund. NH DES determined that an appropriate baseline funding value for the fund is $5 million. To achieve that target the State Statute 5% funding level must be changed to 2%. This will require a member of the NH House of Representative to submit a Legislative Service Request (LSR) for the NH House’s Mid-September LSR submission period. Councilor Bogert is a Representative and will sponsor the LSR. The WRBP Advisory Board members support the change, and they have asked their Legislative bodies to support the proposed change. The members are to have a response prior to the September 10th WRBP Advisory Board meeting. The following is the result of the change on Laconia’s annual Replacement Fund payments FY2024 baseline payments $162,168 FY 2025 baseline payments at 5% $670,848 Increase of $508,680 from FY 2024 FY 2025 baseline payments at 2% $268,339 Increase of $106,171 from FY 2024. If all communities agree with the concept, an LSR will ask to change the statute from 5% to 2%. Public Works recommends that the City Council support the proposed change to the Replacement Fund Statute. The proposed change will reduce the annual Replacement Fund baseline payments by $402,509. Discussion: Councilor Bogert stated he did agree to submit an LSR as the prime sponsor and he’d hope that Mayor St. Clair will co-sponsor it. Mayor St. Clair stated he hopes all of District 5 will support the legislation. Councilor Cheney made a motion that the City Council supports the proposal to change the Replacement Fund baseline fund target from 5% to 2%. Seconded by Councilor Bogert. Discussion: None. The motion passed with all in favor. 5-0 21.D. Discussion regarding whether to add a question onto the November ballot asking voters if the City should create Social Districts as defined in HB 467 In the 2025 Legislative Session, HB 467 was passed and signed by Governor Ayotte, allowing municipalities to create “social districts”. A social district is defined as an outdoor area in which a person may consume alcoholic beverages sold by licensee. For the City to create a social district or districts, the City Council must first hold a public hearing and then vote to place the question on the November City election ballot. Sample question would be “Shall we allow the operation of social districts within the City of Laconia”. A second public hearing would need to be scheduled 15-30 days prior to the question being voted on. No action is required by the City Council at the second public hearing.  For the City to create a social district or districts, the City Council must first hold a public hearing and then vote to place the question on the November City election ballot. Sample question would be “Shall we allow the operation of social districts within the City of Laconia”. A second public hearing would need to be scheduled 15-30 days prior to the question being voted on. No action is required by the City Council at the second public hearing. If the ballot question passes, the City would then create social districts, including mapping out approved boundaries. Discussion: Manager Beattie reviewed the item with the City Council. He explained that the council is to define where the districts are if it passed at the November election. Councilor Soucy asked about where this district would be and for how long, and will the council have the ability to rescind? Manager Beattie confirmed it is not permanent, the council could change it when and if it is needed. Councilor Hoffman agrees with this idea. He sees a lot of activities downtown with concerts on canal, Pumpkin Fest, cars shows and he thinks it would be beneficial. Councilor Bogert thinks this is marvelous opportunity for the tourists. He referred to the most recent car show where people were limited to Canal Street and they couldn’t go out on Main Street to see the cars and drink their beverages. Councilor Bogert explained the process of how it would work as he understood it. Councilor Soucy would like to see this be implemented in a way that the City would benefit from the additional sales rather than the liquor tax all going to the state. Manager Beattie stated it was a little grey area on if this needs a public hearing to put it on the ballot, but we are following the same steps taken when we put the Keno question on the ballot a few years ago. Councilor Haynes made a motion to schedule a public hearing on September 22, 2025 during the regular City Council meeting to gather public input prior to any action being taken. Seconded by Councilor Bogert. Discussion: None. The motion passed with all in favor. 5-0 22. UNFINISHED BUSINESS 22.A. Resolution 2025-28 - A Resolution to adopt and set the amount of the property tax credit for disabled veterans for service-connected total disability Currently, the City of Laconia has previously voted the following tax credits: RSA 72:28 and RSA 72:28-b in the amounts of: $700, April 1, 2026; $750, April 1, 2027, and RSA 72:35 in the amount of: $3,000 If eligible, the applicant can receive both credits. As of April 1, 2026, HB99 will not allow an applicant to receive both credits (no stacking). To not disrupt and decrease the amount a veteran who qualifies to receive both credits, it is recommended that the credit under RSA 72:35-1-a be increased from $3,000 to $3,700 and $3,750 for April 1, 2026 and 2027, respectively.  As of April 1, 2026, HB99 will not allow an applicant to receive both credits (no stacking). To not disrupt and decrease the amount a veteran who qualifies to receive both credits, it is recommended that the credit under RSA 72:35-1-a be increased from $3,000 to $3,700 and $3,750 for April 1, 2026 and 2027, respectively. This will allow our veterans to continue to receive the amounts previously voted by the City Council. Veterans who qualify for only the credit under RSA 72:28 or RSA 72:28-b will continue to receive the credit in the amounts as shown above. At the August 25, 2025 City Council meeting a motion was approved to schedule a Public Hearing on this matter; that Public Hearing was held earlier this evening. Fiscal Impact: There will be no additional fiscal impact because the total amount of the Service- Connected Total Disability Tax Credit will be the same amount as the previously combined tax credits. Discussion: Manager Beattie explained the subject, Councilor Cheney noted the state maximum benefit is $4,000.00, he’d like to see the city increase the amount to the full allotted benefit. Councilor Bogert made a motion to waive a reading of Resolution 2025-28 in its entirety and to read by title only. Seconded by Councilor Cheney. Discussion: None. The motion passed with all in favor. 5-0 Councilor Bogert made a motion to move a second reading of Resolution 2025-28, a Resolution to adopt and set the amount of the property tax credit for disabled veterans for service-connected total disability. Seconded by Councilor Cheney. Discussion: None. The motion passed with all in favor. 5-0 Councilor Hoffman made a motion to approve Resolution 2025-28, a Resolution to adopt and set the amount of the property tax credit for disabled veterans for service-connected total disability, as presented. Seconded by Councilor Cheney. Discussion: Councilor Cheney made a motion to amend the amount of the credit from $3700 to $4000 effective April 1, 2026. He noted this credit is only for the totally service-connected disabled, the amendment was seconded by Councilor Soucy. There was no further discussion. The amendment passed with all in favor. 5-0 Councilor Bogert made a motion to approve the mended motion. Seconded by Councilor Cheney. Discussion: None. The motion passed as amended with all in favor. 5-0 22.B. Ordinance 2025-235-12, 235-13, 235-41 and Table of Permitted Uses related to keeping domestic chickens as a residential accessory use in the City This proposed amendment to the Zoning Ordinance will add provisions to Articles II and VII related to the regulation of keeping domestic chickens as a residential accessory use in the City. These provisions include definitions, performance standards, and adding the use to the Table of Permitted Uses. Said definitions and performance standards are proposed to regulate the location, number, type, housing, and storage of manure and materials related to the keeping of chickens. The Table of Permitted Uses will be updated accordingly to ensure that the keeping of chickens is permitted solely as an accessory use to a single-family residential use. In accordance with Article XIV of the Zoning Ordinance, the Planning Board held a public hearing on and approved of the proposed Ordinance at its May 6, 2025 meeting. At the July 11, 2025 meeting, Councilors tabled the item to allow the Planning Department to solely as an accessory use to a single-family residential use. In accordance with Article XIV of the Zoning Ordinance, the Planning Board held a public hearing on and approved of the proposed Ordinance at its May 6, 2025 meeting. At the July 11, 2025 meeting, Councilors tabled the item to allow the Planning Department to investigate the City’s ability to require individuals to obtain a license for the keeping of chickens. After discussing with the City’s Legal Counsel, the City can issue a non-mandatory license for individuals to register their chickens with the City. However, no penalties can be imposed on individuals who do not obtain a license. Discussion: Councilor Hoffman noted the ordinance addresses several of Mrs. Hayward’s objections. Assistant Planner Tyler Carmichael noted he does agree and feels that the ordinance does cover the concerns that were noted during the public hearing. Councilor Cheney stated the current enforcement penalty maximum is $275/day there is no permit associated. Councilor Haynes spoke he voted in opposition because of the lack of the ability for enforcement. We have no idea where they are being kept. There will only be the neighbor complaints. Councilor Bogert asked under letter “L” stated the coup may run and cannot be within 20 feet of a property line. He doesn’t have that in his yard because he has building, a shed and other amenities on his lot and he wants to know if it can go to the ZBA for a variance. Yes, currently other zones where chickens are not permitted would also require a variance and the ZBA has routinely denied them. Councilor Hoffman feels we won’t have a lot of problems with this. Councilor Cheney complimented the planning department for this work. He is a chicken owner and has them in a rural residential zone. He supports this because it is setting a standard. Hopefully they will force the issue beyond that. He feels there is other options for an appeal process with the ZBA, and the court. Councilor Cheney made a motion to waive a reading of Ordinance 2025-235-12, 13, 41 in its entirety and to read by title only. Seconded by Councilor Hoffman. Discussion: None. The motion passed with all in favor. 5-0 Councilor Hoffman made a motion to conduct a second reading of Ordinance 2025-235-12, 13, 41 amending the following sections of Chapter 235 of the City Code: · Article II, § 235-12, Word Usage; · Article II, § 235-13, Definitions; · Article VII, § 235-41, Residential Accessory Uses; and · Attachment 2, Table I, Table of Permitted Uses.” Seconded by Councilor Soucy. Discussion: None. The motion passed with all in favor. 3-2 Councilors Bogert & Haynes are opposed. Councilor Hoffman made a motion to approve Ordinance 2025-235-12, 13, 41 amending the following sections of Chapter 235 of the City Code: · Article II, § 235-12, Word Usage; · Article II, § 235-13, Definitions;  Councilor Hoffman made a motion to approve Ordinance 2025-235-12, 13, 41 amending the following sections of Chapter 235 of the City Code: · Article II, § 235-12, Word Usage; · Article II, § 235-13, Definitions; · Article VII, § 235-41, Residential Accessory Uses; and · Attachment 2, Table I, Table of Permitted Uses. Seconded by Councilor Cheney. Discussion: None. The motion passed with all in favor. 3-2 Councilors Bogert & Haynes are opposed. 22.C. Resolution 2025-29 - Request to extend Plantation and Colonial Roads' Emergency Lane designation and an exception to the City's Ordinance on continuing to collect solid waste at the curb On May 12, 2025 the City Council declared Plantation and Colonial Roads to be emergency lanes until October 31, 2025 or the date of the Belknap Superior Court’s decision on case number 211- 2024-CV-00054, Joy Sabato, et al v City of Laconia, whichever is first. The City Attorney on September 2, 2025 requested that the City Council extend the Emergency Lane designation until April 30, 2026 or the date of the Belknap Superior Court’s decision on case number 211-2024-CV-00054, Joy Sabato, et al v City of Laconia whichever is later. Presently the Court trial is scheduled for October 2-3, 2025. City Council to extend the emergency lane designation must hold a public hearing and provide notice to abutting property owners no later than 10 days before the public hearing. The City Council cannot declare a private road an emergency lane without the permission of the abutting landowners. Permission can be withdrawn at any time. The City Council must “determine that there is a public need for keeping such a lane passable for emergency vehicles and that it is supported by a public interest and is not for the private benefit of the abutters on that road.” If declared an emergency lane, the City may expend funds to remove brush, repair culverts or do other work “deemed necessary to render such a way passable by firefighting equipment and rescue or other emergency vehicles.” If the City Council supports the City Attorney’s request, Public Works recommends the expiration date for the emergency lane declaration be April 30, 2026 or the date of the Belknap Superior Court’s decision on case number 211-2024-CV-00054, Joy Sabato, et al v City of Laconia, whichever is later. Also on May 12, 2025 the City Council authorized the collection of solid waste at the curb for those properties that abut Plantation and Colonial Roads during the period of the emergency declaration. City Ordinance 194-4-B prohibits the City’s “solid waste collection contractor from entering a privately owned driveway, roadway or lane for the purpose of collection of garbage or residential household rubbish from privately owned property.” Declaring a road an emergency lane does not change its status. It is still a private road. Therefore, the Council will have to again authorize an exception to the City Ordinance to collect solid waste at the curb. Public Works recommends that the City Council declare Plantation and Colonial Roads emergency lanes with an expiration date of April 30, 2026 or the date of the Belknap Superior Court’s decision on case number 211-2024-CV-00054, Joy Sabato, et al v City of Laconia, whichever is later. Fiscal Impact: The cost to maintain these roads will be funded from the highway budget.  the curb. Public Works recommends that the City Council declare Plantation and Colonial Roads emergency lanes with an expiration date of April 30, 2026 or the date of the Belknap Superior Court’s decision on case number 211-2024-CV-00054, Joy Sabato, et al v City of Laconia, whichever is later. Fiscal Impact: The cost to maintain these roads will be funded from the highway budget. Collecting solid waste at the curb for the two private roads will not exceed the collection contracts “stop” limits and thus will not result in an increase in the cost of collection. Recommendations: Public Works recommends that the City Council declare Plantation and Colonial Roads emergency lanes with an expiration date of April 30, 2026 or the date of the Belknap Superior Court’s decision on case number 211-2024- CV-00054, Joy Sabato, et al v City of Laconia, whichever is later. Public Works recommends that the City Council approve the exception for collecting solid waste at the curb on Plantation and Colonial Roads. Discussion: Manager Beattie briefed the City Council on the subject. Councilor Haynes asked if the extent of the lawsuit is that they are stating it is a public road. Manager Beattie confirmed. Councilor Cheney made a motion that that the City Council schedule a public hearing on September 22, 2025 on declaring the Plantation and Colonial Roads as emergency lanes with an expiration date of April 30, 2026 or the date of the Belknap Superior Court’s decision on case number 211-2024-CV- 00054, Joy Sabato, et al v City of Laconia, whichever is later. Seconded by Councilor Hoffman. Discussion: None. The motion passed with all in favor. 6-0 22.D. Petition to accept Thompson Avenue as a public highway The City has received a petition to layout Thompson Ave as a public highway. All of the property owners have provided the necessary easements to accept Thompson Ave as a public highway. Copies of all easements received from the abutting property owners are attached. Thompson Ave has met all of the requirements to be considered for acceptance under the City’s Accept As-Is program. The Planning Board approved the plat for Thompson Ave at their August 5, 2025 meeting. A copy of the plat is attached to the agenda. 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. Following the Planning Board meeting, the City was required to send notice by registered mail to all property owners and any mortgagors at least 30 days prior to a scheduled public hearing; the letters were mailed to property owners and their mortgage companies on July 29, 2025. The public hearing on laying out Thompson Ave was held on September 8, 2025. At the July 28, 2025 City Council meeting, Councilor Bogert asked if Thompson Ave met the City’s road standards. Thompson Ave does not meet City standards. The Accept As-Is program was established to provide a system for the City to accept private roads that the City has been plowing for years for those roads that ownership of the roads is unknown. 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; 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. All property owners abutting Thompson Ave provided easements. 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 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. Since all of the abutting property owners provided easements the City will not be making any payments for damages. Fiscal Impact: Public Works’ estimate of the fiscal impact of accepting Thompson Ave as a public highway follows: · The cost of any 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.  · The cost of any 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. Discussion: Manager Beattie reviewed the item with the City Council. We have done all that we need to make this a public road. Director Anderson can elaborate more on this if needed. Councilor Soucy asked what the annual maintenance cost covers. Director Anderson said of the $7500, it covers plowing and pothole patching and anything else they need to do if it were a public road. Councilor Soucy asked where does the $24,000 come from? Director Anderson stated that was an estimate of a little bit of work to the road and a paving job. Do we have other roads in that campground that need quite a bit of work? Yes Director Anderson the intent is the ones that have gone through the process is everything except methodist campground, Haven Ave and Fisk. Councilor Cheney stated he is in support of this but he also agrees that he thinks the city will get more requests, but those requests will come whether they approve or not approve this item tonight. Councilor Hoffman agrees they do need to be careful about these, we cannot accept every private road in the city and make them public because the city does not have the resources to pave those roads. There is a list of criteria that determines whether or not it should be considered. He’s like to know if this street meets this criteria? Director Anderson said if you look at the criteria, it is based off how you look at it. If the City Council does not give him any more money, then we do not meet the criteria because we cannot afford it at that point, it is just a road that is just going to sit there and keep on decaying. It is up to the City Council and what you’d like to see big picture wise in regards to the 40 plus streets that are in this condition. Councilor Hoffman began reading the listed criteria and wondered if these items were going to be coming to that street, he’d like to know how this street meets the criteria that is outlined. Director Anderson stated if you go by what is listed, it does not meet the criteria. It is a dead-end road; no school buses travel down it; only emergency vehicles and Public Works would go down if needed. Councilor Soucy asked what is the difference of declaring it an emergency lane, Director Anderson said if they decide not to accept it then they need to begin the process of declaring it an emergency lane. The road is only12-14 ft wide, he can’t get the reclaim machine down there. Councilor Bogert asked what protection does the city have as the city grows. A developer can come in and build substandard roads and then the city has to deal with them later. Director Anderson said any new roads being built even on private roads must be built to current city standards. Councilor Cheney wanted to point out that we are being sued over this issue, the campground has been around since the 1800’s and the city has been maintaining and doing what they have been doing for a long time. Councilor Hoffman asked how many homes there are on the street? Director Anderson said there are 8, and all the people traveling on the road to get into the campground. Councilor Cheney made a motion that we lay out Thompson Ave. This vote shall not become effective until 61 days from today; and shall be void if a court or the Board of Tax and Land Appeals finds that the amount paid for damages is insufficient to compensate an abutting property owner. Seconded by Councilor Soucy. Discussion: Councilor Bogert wants an explanation of what that motion means because it sounds different than what was discussed. Manager Beattie stated that this is the process that must be followed, if a street didn’t have 100% approval a property owner could file for damages. This street does have 100% approval, but we have to have that availability. This is how all the layouts will look when moving a road from private to public. The motion passed with all in favor. 5-0 23. FUTURE AGENDA ITEMS  could file for damages. This street does have 100% approval, but we have to have that availability. This is how all the layouts will look when moving a road from private to public. The motion passed with all in favor. 5-0 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 St. Clair adjourned the meeting at 8:56 PM. Respectfully Submitted, Katie Gargano, City Clerk