The City Council met in regular session on April 18, 2005 at 7:30 P.M. in the Council Chambers of City Hall.
Mayor Vanderwall presided:
Councilmembers present:
Wes Lester
Bruce Walker
James Zehner
Brian Lorentz
Councilmembers absent:
Georgia DeHaas
Jane Kissinger
City employees present were Public Works Director Gortsema, Chief Sedam, Attorney Albers and Clerk Kennedy.
The meeting was called to order and the minutes of the April 4th regular meeting were approved as presented by Councilman Zehner second by Councilman Lester. Motion carried by a unanimous vote of the Council present.
COMMITTEE REPORTS: Public Works Director Gortsema gave a Water Project update. Entranco is working with Bodiford on the contract and bonding issues. Bodiford plans to start in the middle of May after completing their current projects.
The Planning and Zoning Minutes of April 12, 2005 were accepted on motion by Councilman Lorentz, second by Councilman Lester. Motion carried by a unanimous vote of the Council present.
At the last Council meeting, the Council asked the Chief to research how many signs would need to be posted to enforce no U-turns on Main Street as proposed in an ordinance on U-turns. Chief Sedam explained that in order to enforce the ordinance, the police would have to prove that someone drove by the U-turn sign which would basically mean that every intersection on both sides of Main Street would need to be posted. The motion that was postponed at the last meeting was that the rules be suspended, the second and third reading be waived and the ordinance be passed and adopted. A roll call vote was duly taken with the following results:
Councilman Zehner No
Councilman Lester No
Councilman Lorentz No
Councilman Walker No
Motion failed. The ordinance did not pass.
ENTRANCO EXTRA WORK SUPPLEMENT NO. 1 – WATER PROJECT: Entranco submitted Extra Work Supplement No. 1 for the construction phase of the project. The total amount estimated for the design phase was not used, so a credit of $141,397.00 was applied to the construction estimate of $273,184.00. This nets out to an estimated supplemental request of $131,787.00. On motion by Councilman Walker, second by Councilman Zehner to approve Entranco’s Extra Work Supplement No. 1 for the construction phase of the project in the amount of $131,787.00. Motion carried by a unanimous vote of the Council present.
WILLOW CREEK PROPERTIES SUBDIVISION: Attorney Albers explained that the ownership of the subdivision is A & A Investments LLC. The final plat can be approved subject to some qualifications as listed in the following motion.
Councilman Walker made a motion, second by Councilman Lester to allow the Mayor and City Clerk to sign off on the final plat for Willow Creek Properties Subdivision subject to:
1. Execution and recording of the alternate sewer easement
2. Execution by the LLC of the protective covenants
3. Signature of the County Surveyor
Motion carried by a unanimous vote of the Council present.
BILLS: The bills were approved and ordered paid out of their respective funds on motion by Councilman Zehner, second by Councilman Lorentz. Motion carried by a unanimous vote of the Council present.
Payroll Fund $35,968.73
General Fund $44,582.65
Street Fund $21,030.63
Library Fund $ 3,568.94
Library Memorial Fund $ 593.16
Insurance Fund $16,556.50
Recreation Fund $ 2,766.85
Snowhaven Fund $ 2,488.84
Medical Insurance Fund $13,170.14
Water Fund $28,201.74
Sewer Fund $27,153.86
Sanitation Fund $38,061.89
BUILDING INSPECTOR CONTRACT: The State Building Bureau has been losing money on the building inspection program that the City is part of and has asked that all participating Cities use the 1997 fee schedule, changing the percentage split from 75% State and 25% jurisdiction to 85% State and 15% jurisdiction. Based upon how many Cities agree to the change, the State will determine if they will continue with the program. Councilman Walker doesn’t feel that the State needs a raise. Councilman Lester was concerned with the plan fee schedule and when the plan checks would be charged. Clerk Kennedy explained that plan check fees are charged on commercial buildings, new homes and extensive residential additions. The Council will discuss this at the next Council meeting.
2005 SEWER PROJECT: The City received five bids for the 2005 sewer project as follows:
Atlas Sand and Rock $237,963.50
Crea Construction, Inc. $241,517.00
A & R Construction $258,994.50
Cook & Sons Construction $256,529.89
Bodiford Construction, Inc. $396,940.00
J-U-B reviewed the bids and recommended awarding the apparent low bid to Atlas Sand and Rock Inc. Public Works Director Gortsema explained that the bids came in over budget so one of the schedules may be cut. He suggests awarding the bid not to exceed $237,963.50. On motion by Councilman Lester, second by Councilman Lorentz to award the sewer project bid to Atlas Sand and Rock Inc not to exceed $237,963.50. Motion carried by a unanimous vote of the Council present.
WWTP MIXER BID: The bid received from Challenger was over the budgeted amount by $31,695.00. Public Works Director Gortsema asked the Council to reject the bid from Challenger. Gortsema is researching to see if there would be enough money in the budget if the City purchased the mixer direct and hired Challenger to help install it. On motion by Councilman Walker, second by Councilman Zehner to reject the bid from Challenger for the WWTP mixer. Motion carried by a unanimous vote of the Council present.
2005-06 BUDGET HEARING: Councilman Lester made a motion, second by Councilman Zehner to set September 6, 2005 as the budget hearing for 2005-06. Motion carried by a unanimous vote of the Council present.
LANDFILL DISCUSSION: Representatives from Walco were present for discussion. Mayor Vanderwall explained that citizens and the Council were concerned about the hours the landfill was open and the procedures used at the landfill. The Council felt that 8:00 a.m. – 5:00 p.m. was not reasonable hours of operation for those citizens that work. Marietta Holman responded that the Health Department said the landfill needs to be manned when it’s open. It is also open Saturday and Sunday 8:00 a.m. – 5:00 p.m. Overtime is a concern they have, so they will have to review their practices and determine what they need to do. It was also explained that the three dumpsters were taken from the Carpenter land at the request of the new owner. If they can find somewhere to place the dumpsters, they have three that are ready to go back out in the County. Councilman Lester felt the landfill should stay open until 7:00 p.m. during the summer, otherwise he is concerned people will start dumping items in the county dumpster or maybe even in the ditch. He also suggested that Walco should have an ad in the Free Press, letting customers know yard waste containers are available. Mayor Vanderwall asked Walco to get back to the City on what they plan to do at the landfill.
CDBG CONTRACT AMENDMENT: Clerk Kennedy explained that the contract was amended because there was $7,952.00 less spent in Engineering Inspection and $7,952.00 more spent in Construction. Councilman Zehner made a motion second by Councilman Walker to authorize the Mayor to sign the CDBG Contract amendment for the water project. Motion carried by a unanimous vote of the Council present.
EXECUTIVE SESSION: On motion by Councilman Walker, second by Councilman Zehner to go into Executive Session according to Section 67-2345 (c) to acquire property. A roll call vote was duly taken with the following results:
Councilman Walker Yes
Councilman Lorentz Yes
Councilman Lester Yes
Councilman Zehner Yes
Motion passed.
A motion was made by Councilman Walker, second by Councilman Lester to go out of Executive Session. A roll call vote was duly taken with the following results:
Councilman Walker Yes
Councilman Lorentz Yes
Councilman Lester Yes
Councilman Zehner Yes
Motion passed. No action taken.
ITEMS TO NOTE: The Council received copies of the Clearwater River Water Users Coalition letter and a list of water and sewer users outside the City limits.
The meeting adjourned at 9:20 P.M.
_____________________________________
Terry Vanderwall - Mayor
ATTEST:
_________________________
Tonya Kennedy – City Clerk
Monday, April 18, 2005
Monday, April 4, 2005
April 4, 2005 Regular Meeting
The City Council met in regular session on April 4, 2005 at 7:30 P.M. in the Council Chambers of City Hall.
Mayor Vanderwall presided:
Councilmembers present:
Wes Lester
Bruce Walker
Georgia DeHaas
Brian Lorentz
James Zehner
Jane Kissinger
City employees present were Public Works Director Gortsema, Chief Sedam, City Attorney Albers and Clerk Kennedy.
The meeting was called to order and the minutes of the March 21st meeting was approved as presented by Councilwoman Kissinger, second by Councilwoman DeHaas. Motion carried by a unanimous vote of the Council present.
VISITORS: Gil Walker, Entranco explained that he had checked references and was very comfortable recommending to the Council that Bodiford Construction be awarded the Water Distribution Project. Gil also presented a copy of the Extra Work Supplement No. 1 to the Council for review and adoption at an upcoming Council meeting. Public Works Director Gortsema informed the Council that the City had received four bids for the Water Distribution Project, with three of the four bids coming in under the engineering estimate. The bids received are listed as follows:
Owyhee Construction $4,242,670.00
A&R Construction $3,230,232.65
Bodiford Construction $3,114,676.00
Debco Construction $3,575,000.00
On motion by Councilman Walker, second by Councilman Lester to award the Water Distribution Project to Bodiford Construction as the low bidder in the amount of $3,114,676.00. Motion carried by a unanimous vote of the Council present.
SIDEWALK WAIVER: Arie Koole was present to ask for a sidewalk waiver at Gortsema Mini-Storage, in the Area of Impact, where he is building additional storage units. The area is secured by a fence and not accessible to the general public. On motion by Councilwoman Kissinger, second by Councilwoman DeHaas to grant Arie Koole an indefinite sidewalk waiver at Gortsema Mini-Storage. Motion carried by a unanimous vote of the Council present.
COMMITTEE REPORTS: Chief of Police Sedam summarized the monthly report, reporting that the department responded to 170 calls for service. There were 107 cases written, 29 arrests, 60 citations and 8 written warnings issued. The Police and Animal Control Report for March 2005 was accepted on motion by Councilman Lorentz, second by Councilman Lester. Motion carried by a unanimous vote of the Council present. Officer Randi was released to work for light duty, but because of the restrictions, Chief Sedam was unable to let her return to work.
The Water Leak Report for March 2005 was presented and it was reported that the department repaired 15 leaks (32 year to date) and installed 2 new services.
The Library Board Minutes dated March 24, 2005 were accepted on motion by Councilman Zehner, second by Councilman Lester. Motion carried by a unanimous vote of the Council present.
On motion by Councilman Zehner, second by Councilman Lester that the Planning and Zoning Minutes of March 23, 2005 be approved. Motion carried by a unanimous vote of the Council present. Public Works Director Gortsema explained P & Z reviewed and approved the preliminary plat submitted by Gerald Arnzen for Willow Creek Properties. Gerald Arnzen will now have a final plat prepared that will go before P & Z for approval and signature of the Chairman before coming to the Council.
Attorney Albers talked to Jerry Mason and received clarification on the annexation changes that occurred in 2002. Jerry Mason is the attorney for ICRMP, AIC and some of the Cities in Idaho. Attorney Albers explained that Category A is those properties that are connected to City utilities, which results in consent to annexation regardless of the size of the properties. Category B is those properties less than 5 acres that can be annexed involuntarily. Category C is those properties over 5 acres that could be annexed involuntarily, but would be very difficult.
LINDA FISHER RESIDENCE AT 104 EAST SOUTH 9TH: Attorney Albers and Chief Sedam reviewed City Code and the State Public Nuisance Law. The law states if it is offensive to the senses for a substantial number of people that it may be a public nuisance. Odor is easier to prove in court than sight. The neighbors were informed that right now the City doesn’t have a prosecutable case. If at some time there is odor that becomes offensive, the neighbors should call the City police and file complaints with them. At that time, the police will document the case. On motion by Councilman Walker, second by Councilwoman DeHaas to send a letter to Linda Fisher quoting the nuisance law, stating that the City has received complaints on odor, visual sights, rodents, flies and that the City will be monitoring her property and that any additional complaints will be noted and recorded. Motion carried by a unanimous vote of the Council present.
BEER LICENSE: Councilman Zehner made a motion, second by Councilwoman Kissinger to approve the beer license for the Grangeville Country Club at the rodeo grounds during the 4th of July celebration. Motion carried by a unanimous vote of the Council present.
UPPER CLEARWATER TRANSPORTATION COMMITTEE JOINT POWERS AGREEMENT: Public Works Director Gortsema explained that a group of entities participated in a joint transportation plan grant application for which every entity paid $100.00. Now a transportation plan will be drafted that will have a general plan for the region and a specific chapter to each entity. The agreement grants each entity one vote and the cost will be appropriated based upon the total miles for each entity. On motion by Councilman Lester, second by Councilman Zehner to have the City join the Upper Clearwater Transportation Committee, authorize the Mayor to sign the agreement and appoint a representative. Motion carried by a unanimous vote of the Council present. Mayor Vanderwall appointed Gortsema as the representative.
(Ordinance No. ___ in its entirety on file in the City’s Ordinance File)
An ordinance of the City of Grangeville providing for the amendment of Section 9-2-4 of the municipal code of the City of Grangeville relating to turning movements and amending the authority to create zones where u-turns are not allowed; providing for the Public Works Department or the Chief of Police to place appropriate signage restricting certain turning movements; providing for the ordinance becoming effective upon its passage, approval, and publication; and, providing for the repeal of ordinances or parts of ordinances in conflict herewith.
Councilman Walker made a motion, second by Councilman Lester that the first reading be approved and the ordinance pass to the second reading. A roll call vote was duly taken with the following results:
Councilwoman DeHaas No
Councilwoman Kissinger Yes
Councilman Walker Yes
Councilman Lorentz Yes
Councilman Lester No
Councilman Zehner No
Mayor Vanderwall broke the tie, voting Yes. Motion passed.
On motion by Councilwoman Kissinger, second by Councilman Lorentz, that the rules be suspended, the second and third reading be waived and the ordinance be passed and adopted.
Councilwoman DeHaas hated to see Main Street signed with ten signs. It was suggested that Attorney Albers check to see what is required in the sign manual.
On motion by Councilman Walker, second by Councilwoman Kissinger to postpone the ordinance until next meeting. Motion carried, Councilwoman DeHaas voting No since she won’t be at the next meeting.
SUMMARY OF ORDINANCE NO. 779: In order to reduce publication costs, Attorney Albers prepared a Summary of Ordinance No. 779. Councilwoman Kissinger made a motion, second by Councilman Lester to adopt the Summary of Ordinance No. 779 as read. Motion carried by a unanimous vote of the Council present.
(Ordinance No. 784 in its entirety on file in the City’s Ordinance File)
An Ordinance of the City of Grangeville providing for modification and adopting the city limits of the City of Grangeville as modified; providing for the amendment of ordinances or part of ordinances in conflict herewith; and, providing for the ordinance becoming effective upon its passage, approval, and publication.
Attorney Albers explained that the Council would waive the reading of the metes and bounds description, due to its difficulty and have the ordinance read by title only.
Councilman Walker made a motion, second by Councilman Lester that the first reading be approved and the ordinance pass to the second reading. A roll call vote was duly taken with the following results:
Councilwoman DeHaas Yes
Councilwoman Kissinger Yes
Councilman Walker Yes
Councilman Lorentz Yes
Councilman Lester Yes
Councilman Zehner Yes
Motion passed.
On motion by Councilman Walker, second by Councilwoman Kissinger, that the rules be suspended, the second and third reading be waived and the ordinance be passed and adopted. A roll call vote was duly taken with the following results:
Councilwoman DeHaas Yes
Councilwoman Kissinger Yes
Councilman Walker Yes
Councilman Lorentz Yes
Councilman Lester Yes
Councilman Zehner Yes
The motion passed. Mayor Vanderwall then declared Ordinance No. 784 duly approved and adopted.
Councilman Walker made a motion, second by Councilman Zehner to adopt the Summary of Ordinance No. 784 as read. Motion carried by a unanimous vote of the Council present.
COUNTRYMAN WATER EASEMENT: Attorney Albers explained that Gortsema is working with Mike Countryman on a water easement. When the new easement is executed, the old easement should be released. Councilman Walker made a motion, second by Councilwoman Kissinger to authorize the Mayor and City Clerk to sign the easements with Mike Countryman. Motion carried by a unanimous vote of the Council present.
The meeting adjourned at 9:00 P.M.
_________________________________
Terry Vanderwall - Mayor
ATTEST:
_________________________
Tonya Kennedy – City Clerk
Mayor Vanderwall presided:
Councilmembers present:
Wes Lester
Bruce Walker
Georgia DeHaas
Brian Lorentz
James Zehner
Jane Kissinger
City employees present were Public Works Director Gortsema, Chief Sedam, City Attorney Albers and Clerk Kennedy.
The meeting was called to order and the minutes of the March 21st meeting was approved as presented by Councilwoman Kissinger, second by Councilwoman DeHaas. Motion carried by a unanimous vote of the Council present.
VISITORS: Gil Walker, Entranco explained that he had checked references and was very comfortable recommending to the Council that Bodiford Construction be awarded the Water Distribution Project. Gil also presented a copy of the Extra Work Supplement No. 1 to the Council for review and adoption at an upcoming Council meeting. Public Works Director Gortsema informed the Council that the City had received four bids for the Water Distribution Project, with three of the four bids coming in under the engineering estimate. The bids received are listed as follows:
Owyhee Construction $4,242,670.00
A&R Construction $3,230,232.65
Bodiford Construction $3,114,676.00
Debco Construction $3,575,000.00
On motion by Councilman Walker, second by Councilman Lester to award the Water Distribution Project to Bodiford Construction as the low bidder in the amount of $3,114,676.00. Motion carried by a unanimous vote of the Council present.
SIDEWALK WAIVER: Arie Koole was present to ask for a sidewalk waiver at Gortsema Mini-Storage, in the Area of Impact, where he is building additional storage units. The area is secured by a fence and not accessible to the general public. On motion by Councilwoman Kissinger, second by Councilwoman DeHaas to grant Arie Koole an indefinite sidewalk waiver at Gortsema Mini-Storage. Motion carried by a unanimous vote of the Council present.
COMMITTEE REPORTS: Chief of Police Sedam summarized the monthly report, reporting that the department responded to 170 calls for service. There were 107 cases written, 29 arrests, 60 citations and 8 written warnings issued. The Police and Animal Control Report for March 2005 was accepted on motion by Councilman Lorentz, second by Councilman Lester. Motion carried by a unanimous vote of the Council present. Officer Randi was released to work for light duty, but because of the restrictions, Chief Sedam was unable to let her return to work.
The Water Leak Report for March 2005 was presented and it was reported that the department repaired 15 leaks (32 year to date) and installed 2 new services.
The Library Board Minutes dated March 24, 2005 were accepted on motion by Councilman Zehner, second by Councilman Lester. Motion carried by a unanimous vote of the Council present.
On motion by Councilman Zehner, second by Councilman Lester that the Planning and Zoning Minutes of March 23, 2005 be approved. Motion carried by a unanimous vote of the Council present. Public Works Director Gortsema explained P & Z reviewed and approved the preliminary plat submitted by Gerald Arnzen for Willow Creek Properties. Gerald Arnzen will now have a final plat prepared that will go before P & Z for approval and signature of the Chairman before coming to the Council.
Attorney Albers talked to Jerry Mason and received clarification on the annexation changes that occurred in 2002. Jerry Mason is the attorney for ICRMP, AIC and some of the Cities in Idaho. Attorney Albers explained that Category A is those properties that are connected to City utilities, which results in consent to annexation regardless of the size of the properties. Category B is those properties less than 5 acres that can be annexed involuntarily. Category C is those properties over 5 acres that could be annexed involuntarily, but would be very difficult.
LINDA FISHER RESIDENCE AT 104 EAST SOUTH 9TH: Attorney Albers and Chief Sedam reviewed City Code and the State Public Nuisance Law. The law states if it is offensive to the senses for a substantial number of people that it may be a public nuisance. Odor is easier to prove in court than sight. The neighbors were informed that right now the City doesn’t have a prosecutable case. If at some time there is odor that becomes offensive, the neighbors should call the City police and file complaints with them. At that time, the police will document the case. On motion by Councilman Walker, second by Councilwoman DeHaas to send a letter to Linda Fisher quoting the nuisance law, stating that the City has received complaints on odor, visual sights, rodents, flies and that the City will be monitoring her property and that any additional complaints will be noted and recorded. Motion carried by a unanimous vote of the Council present.
BEER LICENSE: Councilman Zehner made a motion, second by Councilwoman Kissinger to approve the beer license for the Grangeville Country Club at the rodeo grounds during the 4th of July celebration. Motion carried by a unanimous vote of the Council present.
UPPER CLEARWATER TRANSPORTATION COMMITTEE JOINT POWERS AGREEMENT: Public Works Director Gortsema explained that a group of entities participated in a joint transportation plan grant application for which every entity paid $100.00. Now a transportation plan will be drafted that will have a general plan for the region and a specific chapter to each entity. The agreement grants each entity one vote and the cost will be appropriated based upon the total miles for each entity. On motion by Councilman Lester, second by Councilman Zehner to have the City join the Upper Clearwater Transportation Committee, authorize the Mayor to sign the agreement and appoint a representative. Motion carried by a unanimous vote of the Council present. Mayor Vanderwall appointed Gortsema as the representative.
ORDINANCE NO. ___
(Ordinance No. ___ in its entirety on file in the City’s Ordinance File)
An ordinance of the City of Grangeville providing for the amendment of Section 9-2-4 of the municipal code of the City of Grangeville relating to turning movements and amending the authority to create zones where u-turns are not allowed; providing for the Public Works Department or the Chief of Police to place appropriate signage restricting certain turning movements; providing for the ordinance becoming effective upon its passage, approval, and publication; and, providing for the repeal of ordinances or parts of ordinances in conflict herewith.
Councilman Walker made a motion, second by Councilman Lester that the first reading be approved and the ordinance pass to the second reading. A roll call vote was duly taken with the following results:
Councilwoman DeHaas No
Councilwoman Kissinger Yes
Councilman Walker Yes
Councilman Lorentz Yes
Councilman Lester No
Councilman Zehner No
Mayor Vanderwall broke the tie, voting Yes. Motion passed.
On motion by Councilwoman Kissinger, second by Councilman Lorentz, that the rules be suspended, the second and third reading be waived and the ordinance be passed and adopted.
Councilwoman DeHaas hated to see Main Street signed with ten signs. It was suggested that Attorney Albers check to see what is required in the sign manual.
On motion by Councilman Walker, second by Councilwoman Kissinger to postpone the ordinance until next meeting. Motion carried, Councilwoman DeHaas voting No since she won’t be at the next meeting.
SUMMARY OF ORDINANCE NO. 779: In order to reduce publication costs, Attorney Albers prepared a Summary of Ordinance No. 779. Councilwoman Kissinger made a motion, second by Councilman Lester to adopt the Summary of Ordinance No. 779 as read. Motion carried by a unanimous vote of the Council present.
ORDINANCE NO. 784
(Ordinance No. 784 in its entirety on file in the City’s Ordinance File)
An Ordinance of the City of Grangeville providing for modification and adopting the city limits of the City of Grangeville as modified; providing for the amendment of ordinances or part of ordinances in conflict herewith; and, providing for the ordinance becoming effective upon its passage, approval, and publication.
Attorney Albers explained that the Council would waive the reading of the metes and bounds description, due to its difficulty and have the ordinance read by title only.
Councilman Walker made a motion, second by Councilman Lester that the first reading be approved and the ordinance pass to the second reading. A roll call vote was duly taken with the following results:
Councilwoman DeHaas Yes
Councilwoman Kissinger Yes
Councilman Walker Yes
Councilman Lorentz Yes
Councilman Lester Yes
Councilman Zehner Yes
Motion passed.
On motion by Councilman Walker, second by Councilwoman Kissinger, that the rules be suspended, the second and third reading be waived and the ordinance be passed and adopted. A roll call vote was duly taken with the following results:
Councilwoman DeHaas Yes
Councilwoman Kissinger Yes
Councilman Walker Yes
Councilman Lorentz Yes
Councilman Lester Yes
Councilman Zehner Yes
The motion passed. Mayor Vanderwall then declared Ordinance No. 784 duly approved and adopted.
Councilman Walker made a motion, second by Councilman Zehner to adopt the Summary of Ordinance No. 784 as read. Motion carried by a unanimous vote of the Council present.
COUNTRYMAN WATER EASEMENT: Attorney Albers explained that Gortsema is working with Mike Countryman on a water easement. When the new easement is executed, the old easement should be released. Councilman Walker made a motion, second by Councilwoman Kissinger to authorize the Mayor and City Clerk to sign the easements with Mike Countryman. Motion carried by a unanimous vote of the Council present.
The meeting adjourned at 9:00 P.M.
_________________________________
Terry Vanderwall - Mayor
ATTEST:
_________________________
Tonya Kennedy – City Clerk
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