The City Council met in regular session on June 20, 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
Georgia DeHaas
Councilmember Absent: 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 June 6th regular meeting were approved as presented by Councilwoman DeHaas, second by Councilman Lester. Motion carried by a unanimous vote of the Council present.
VISITORS: Becky Robinson, Ernie’s Steakhouse, applied for a catering permit for July 1st, 2nd and 3rd so she could serve beer in her parking lot over Border Days. Becky also plans to have a band play in her lot, similar to last year. On motion by Councilman Walker, second by Councilman Zehner to allow Becky Robinson d/b/a Ernie’s Steakhouse to have catering permit for the 1st, 2nd and 3rd of July. Motion carried by a unanimous vote of the Council present.
Linda Fischer, 104 East South 9th Street was present to ask permission to plant low growing shrubs in the Hall Street right of way. Linda explained that she has placed her fence on the property line and would like to plant yellow potentillas, which won’t grow higher than 3 feet, in the first 50 feet and then plant other shrubs in the last 50 feet that may be higher. All the plants would be within 5 feet of her fence. Councilman Zehner asked if the sidewalks in that neighborhood are curbside or parkway sidewalks. Public Works Director Gortsema stated that there are both types in the neighborhood. Councilman Walker asked Linda if she realized that the City can request anything planted in the right of way to be removed. Linda is aware of that and doesn’t have a problem. Councilman Lester asked whether the utilities (phone/cable) are above the ground. It was determined that the phone is buried and the utilities are along 9th Street. On motion by Councilman Lester, second by Councilman Zehner to grant Linda Fischer permission to plant shrubs in the right of way in the first six feet from her fence along Hall Street. Motion carried by a unanimous vote of the Council present.
COMMITTEE REPORTS: In answer to a question, Bea Shatto explained that the addition will be approximately 13 feet from the property line on the West side. Councilman Zehner made a motion, second by Councilman Lester to accept the Planning and Zoning Minutes of June 14, 2005 and to accept the recommendation from P & Z to approve the variance application submitted by Bea Shatto and Harvey Wainio. Motion carried by a unanimous vote of the Council present.
Chief of Police Sedam provided a copy of the Operations Order for Border Days to the Council. Attorney Albers stated that Border Days Inc. may have a dance at the rodeo grounds in dirt on July 3rd but they haven’t decided for sure. The Chief will contact a representative of Border Days so he is prepared for the event.
Public Works Director Gortsema gave a Water Project Update. As of Thursday last week, 1,395 feet were installed and Monday the contractor went from 2nd Street to North Street on Hall and is then heading to 3rd Street. Everything seems to be going smoothly.
The Sewer Project is scheduled to start this week on South A Street from Court Street to Lincoln Avenue.
On motion by Councilman Zehner, second by Councilman Lester to accept the Library Minutes from May 26, 2005 as presented. Motion carried by a unanimous vote of the Council present.
CERTIFICATES OF INSURANCE POLICY: Some discussion has occurred in the past about when certificates of insurance should be required. At that time it was stated that if a fee is charged, a certificate of insurance should be provided to the City, listing the City as additional insured. On motion by Councilman Walker, second by Councilman Lester to establish a policy stating that on City property any person, group or organization that charges a fee for an activity must provide the City with a certificate of insurance with a minimum of $500,000.00, naming the City as additional insured and that the City clerk be authorized to determine if any other activity would warrant an appropriate certificate. Motion carried by a unanimous vote of the Council present.
RYAN UHLENKOTT HOUSE AT 722 CUNNINGHAM: On motion by Councilman Walker, second by Councilman Lester to have Attorney Albers send a formal letter to Ryan Uhlenkott inviting him to the next Council meeting to discuss his building and to enclose a copy of the letter from Steve Meshishnek, Building Inspector, dated June 16th. Councilman Lester would like to have a letter from Jack Rayne stating he agrees with the letter as written by Steve. 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 Lester, second by Councilman Walker. Motion carried by a unanimous vote of the Council present.
Payroll Fund $ 58,702.00
General Fund $ 66,130.04
Street Fund $ 19,439.14
Library Fund $ 5,610.24
Recreation Fund $ 19,194.37
Snowhaven Fund $ 4,192.11
Medical Insurance Fund $ 13,283.00
Water Fund $945,053.50
Sewer Fund $ 26,397.55
Sanitation Fund $ 35,706.63
LID#3 $ 3.65
MEETING DATE CHANGE: On motion by Councilman Zehner, second by Councilman Lorentz to move the July 4th meeting to Tuesday, July 5th. Motion carried by a unanimous vote of the Council present.
BEER GARDEN APPLICATION FOR RODEO: The Beer Garden application requests to have the beer garden from 11:00 a.m. to 12:00 p.m. on July 2nd, 3rd and 4th at the rodeo grounds. Attorney Albers explained that the times were stated to encompass the idea of having a dance on July 3rd at the rodeo grounds. On motion by Councilman Lester, second by Councilman Lorentz to approve the beer garden application submitted by Border Days Inc. for July 2nd, 3rd and 4th, contingent upon approval of a security plan by the Chief of Police. Motion carried by a unanimous vote of the Council present.
ORDINANCE CHANGES: Attorney Albers explained that the following two ordinances were amended due to a recommendation from Sterling Codifier that there was a conflict on the type of receptacle where garbage could be placed, in reference to the green carts.
ORDINANCE NO. 785
(Ordinance No. 785 in its entirety on file in the City’s Ordinance File)
An ordinance of the City of Grangeville providing for the amendment of Section 7-1-7 of the municipal code of the City of Grangeville to include language consistent with the balance of Title 7, Chapter 1 of the Grangeville City code which describes the mandatory use by businesses of garbage containers; with an amendment allowing businesses the minimum business rate for one residential mechanical cart per week and otherwise describing the types of containers that may be used for multiple occupants of buildings; providing for the repeal of ordinances or parts of ordinance in conflict herewith; and, providing for the ordinance becoming effective upon its passage, approval, and publication.
On motion by Councilman Lester, second by Councilman Zehner that the first reading be approved, that the rules be suspended, the second and third readings be waived and the ordinance be approved and adopted. A roll call vote was duly taken with the following results:
Councilwoman DeHaas Yes
Councilman Walker Yes
Councilman Lorentz Yes
Councilman Lester Yes
Councilman Zehner Yes
The motion passed. Mayor Vanderwall then declared Ordinance No. 785 duly approved and adopted.
ORDINANCE NO. 786
(Ordinance No. 786 in its entirety on file in the City’s Ordinance File)
An ordinance of the City of Grangeville providing for the amendment of Section 7-1-16 of the municipal code of the City of Grangeville, amending the existing Section to bring the same in conformity with the balance of Title 7, Chapter 1 of the Grangeville City Code to require specific containers into which solid waste can be placed; providing for the repeal of ordinances or parts of ordinances in conflict herewith; and, providing for the ordinance becoming effective upon its passage, approval, and publication.
On motion by Councilman Lester, second by Councilman Lorentz that the first reading be approved, that the rules be suspended, the second and third readings be waived and the ordinance be approved and adopted. A roll call vote was duly taken with the following results:
Councilwoman DeHaas Yes
Councilman Walker Yes
Councilman Lorentz Yes
Councilman Lester Yes
Councilman Zehner Yes
The motion passed. Mayor Vanderwall then declared Ordinance No. 786 duly approved and adopted.
POOL POLICY ON YOUNG CHILDREN: Pool Manager, Lynda Allen, has had 3 and 4 year old children dropped off at the pool with older siblings and the parents expect the older siblings to watch them. Lynda feels that young children that can’t swim need to be supervised by an adult. Lynda would like to have a pool policy in which children 5 and younger need to be supervised by an adult at the pool and would like the Council’s support. If the child can swim, then the parent can petition the pool manager for an exception to the policy. Councilman Lester felt that it is a good idea to have the young children supervised. After discussion, the Council felt responsible babysitters should also be allowed to bring children to the pool. On motion by Councilman Walker, second by Councilman Zehner to accept Lynda’s recommendation on the requirements of age and supervision at the pool. Motion carried by a unanimous vote of the Council present.
WASTEWATER FACILITY PLAN MEETING: Public Works Director Gortsema would like members of the Council to get together with J-U-B to determine what the City would like to include in the facility plan so a cost can be determined. Tentative dates are June 24th or 27th.
PAY REQUEST #1 ON WATER BOND: On motion by Councilman Lester, second by Councilman Walker to approve pay request #1 for Bodiford Construction in the amount of $895,570.51. Motion carried by a unanimous vote of the Council present.
MEETING WITH SNOWHAVEN EXPANSION COMMITTEE: Mayor Vanderwall suggested July 7th at 7:00 p.m. for a meeting with the Snowhaven Expansion Committee as requested by the Expansion Committee.
SIDEWALK WAVIER REQUEST: On motion by Councilman Lester, second by Councilman Lorentz to grant Henry and Martha Sprute an indefinite sidewalk waiver at 1302 Crooks Street. Motion carried by a unanimous vote of the Council present.
FIRE HAZARD LETTERS: The Animal Control Officer will compile the list for City Hall and letters will go out immediately.
EXECUTIVE SESSION: On motion by Councilman Zehner, second by Councilman Lester 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:
Councilwoman Zehner Yes
Councilman Lester Yes
Councilman Lorentz Yes
Councilman Walker Yes
Councilman DeHaas Yes
Motion passed.
A motion was made by Councilman Walker, second by Councilwoman DeHaas to go out of Executive Session. A roll call vote was duly taken with the following results:
Councilman DeHaas Yes
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 RC&D Council Minutes of May 26, 2005.
The meeting adjourned at 9:30 P.M.
_____________________________________
Terry Vanderwall - Mayor
ATTEST:
_________________________
Tonya Kennedy – City Clerk
Monday, June 20, 2005
Monday, June 6, 2005
June 6, 2005 Regular Meeting
The City Council met in regular session on June 6, 2005 at 7:30 P.M. in the Council Chambers of City Hall.
Mayor Vanderwall presided:
Councilmembers present:
Wes Lester
Bruce Walker
Brian Lorentz
James Zehner
Jane Kissinger
Georgia DeHaas
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 May 16th meeting was approved as corrected by Councilwoman Kissinger, second by Councilman Lester. Motion carried by a unanimous vote of the Council present.
PUBLIC HEARING: A public hearing was held before Planning and Zoning on May 10, 2005 at which time P & Z recommended to the City Council approval of the application submitted by Patricia and Bryan Cash and Virginia Ketcham to approve a variance of Zone A, not to exceed two horses per each parcel, to allow a septic tank and drain field as approved by the North Central Health District or to allow them to connect to City Sewer using a pump station system.
A public hearing on the variance application submitted by Patricia Cash, Bryan Cash and Virginia Ketcham, in relation to Grangeville Tax #563 otherwise known as Lincoln West, was opened before the City Council. Jeff Kutner asked if the applicants still planned to separate the parcel into two lots. Jeff was originally on the Council when the agreement was made and agreed with the motion as recommended by Planning and Zoning in May. Attorney FitzMaurice stated that the process has been about two years in the process and his clients have acted in good faith. During the P&Z hearing there were concerns about animals so Bryan Cash had stepped forth and asked to have just two horses per parcel. This is the one way his clients can develop the land and have it remain in the City. The hearing was then declared closed.
On motion by Councilman Zehner, second by Councilwoman Kissinger to approve the variance application as recommended by Planning and Zoning.
Councilman Lorentz was uncomfortable with the agreement since he wasn’t on the Council at the time it was made and would like to see the City make every effort to have them hook up to City sewer. Councilman Lester agreed with Councilman Lorentz and felt like the City was going backward by allowing septic and drain fields in the City limits. Jeff Kutner stated that he agreed with Councilmen Lorentz and Lester and asked if a clause could be added stating if sewer becomes monetarily feasible that they would hook up to sewer at that time. Attorney FitzMaurice reminded the Council that they had already made an agreement, but to address feasibility, there are several factors not limited to easements that aren’t available on some of the property and lines that are substandard. If it was reasonable, his clients would already have been connected to sewer. A roll call vote was taken with the following results:
Councilwoman DeHaas Yes
Councilwoman Kissinger Yes
Councilman Walker Yes
Councilman Lorentz No
Councilman Lester No
Councilman Zehner Yes
The motion passed. The variance as recommended by Planning and Zoning was approved.
Building Inspection Fees: A public hearing on adopting the 1997 Fee Schedule for Building Permits was opened. Having no public comments, the hearing was declared closed.
ORDINANCE NO. 783
(Ordinance No. 783 in its entirety on file in the City’s Ordinance File)
An ordinance of the City of Grangeville providing for the amendment of Section 4-1-1 of the Municipal code of the City of Grangeville updating the building code fee schedule to the 1997 building code fees and plan checking fees; retaining the minimum fee for projects under $1,201.00 and, providing for the ordinance becoming effective upon its passage, approval, and publication.
On motion by Councilman Walker, second by Councilwoman Kissinger that the first reading be approved, that the rules be suspended, the second and third readings be waived and the ordinance be approved 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. 783 duly approved and adopted.
On motion by Councilman Walker, second by Councilman Lester to authorize Mayor Vanderwall to sign the amended building inspector contract. Motion carried by a unanimous vote of the Council present.
VISITORS: Mike Johnson asked for permission to have rock band practice 1 or 2 times a month at Heritage Square from 6:00 p.m. to 9:00 p.m. on Friday nights. He doesn’t plan to advertise but would like to practice somewhere other than in the basement of Irwin Drug. After discussion, he decided on the 1st and 3rd Fridays of the month, from now through September. If someone else needed Heritage Square, then they would step down and let someone else use it. On motion by Councilwoman Kissinger, second by Councilman Lester to grant Mike Johnson and his rock band permission to use Heritage Square on the 1st and 3rd Fridays of the month through September with the understanding that if Heritage Square is needed for another user, they’d be willing to switch to another date or give it away. Councilwoman DeHaas stated that if there were problems, permission would be revoked. Motion carried by a unanimous vote of the Council present.
Sue Kutner, The Gallery, requested permission to close North Street, between State Street and Hall Street, on July 16, 2005 to allow the setup of tents for a wedding reception. On motion by Councilman Zehner, second by Councilwoman DeHaas to grant Sue Kutner’s request. Motion carried by a unanimous vote of the Council present.
Sue Kutner explained that Grangeville Arts and the Chamber of Commerce are the sponsors for a Music Fest and they plan to provide proof of insurance to the City. No fee is charged for the Music Fest. It will be held on September 24, 2005 at Heritage Square from 11:00 a.m. to 1:00 p.m. On motion by Councilwoman Kissinger, second by Councilman Lester to allow the Chamber and Grangeville Arts to use Heritage Square for the Music Fest from 11:00 a.m to 1:00 p.m. on Sept 24, 2005. The Police Department will close off Heritage Square the morning of the event. Motion carried by a unanimous vote of the Council present.
The Merchants, represented by Sue Kutner, would like to have approval to have a handicap porta potty at Heritage Square for the months of June, July, and August and would like the City to pay for 1 month. Councilwoman Kissinger felt it was very important to have a public restroom available and hopes the day will come when the City has nice restrooms at Heritage Square. On motion by Councilwoman Kissinger, second by Councilman Lorentz to have the City pay for a handicap porta potty at Heritage Square for one month. Motion carried by a unanimous vote of the Council present.
Brad Lutz asked the Council to extend his sidewalk waiver for a couple months. He has had a survey completed and now plans to level the dirt and install sidewalks. Councilman Walker made a motion, second by Councilman Zehner to allow Brad Lutz to have until August 10, 2005 to put sidewalks in. Motion carried by a unanimous vote of the Council present.
Although not present, Mary Strand, 622 West South 1st Street requested permission to remove two trees from the right of way. Councilman Walker felt the trees should be removed, based on the condition of the sidewalk and the location of the power lines. On motion by Councilman Walker, second by Councilwoman DeHaas to allow Mary Strand to remove the two trees in the West South 1st Street right of way. Motion carried by a unanimous vote of the Council present.
Shaun Maxey described a proposal to take advantage of decommissioned water lines in the City and use them in place of conduits for fiber optics. Dr. Davis from Jt. District #241 was interested in participating. Shaun Maxey asked the Council for approval for Ida-Lew to submit a grant proposal that would be submitted in July to see if the abandoned lines would work for fiber optics. The City would need to sponsor the GEM Implementation Grant, with the possibility of Jt. District 241 and the Idaho Transportation Department participating. Dr. Davis, Jt. School District #241 explained that tying the school buildings together with fiber is an option that would be very helpful. The payback to the district could be large and could eliminate some of the utility costs. Public Works Director Gortsema explained that most lines will be abandoned in place, but there are exceptions in which the old lines will or have already been removed. On motion by Councilman Walker, second by Councilwoman Kissinger to allow Shaun Maxey to proceed with the grant application and submit it to the Council for approval prior to July 1st, based upon the information provided by Shaun, that the City would not be out cash, except for in-kind support, and the school district would do the cash match. Councilman Lester wanted to make it clear that the water project would not be slowed down. Motion carried by a unanimous vote of the Council present.
Terri Tackett asked to use Heritage Square on June 18th for a white elephant yard sale to raise money for the American Cancer Society through the Relay for Life teams. It appeared that the Elks Lodge would provide the insurance. Councilman Walker made a motion, second by Councilman Lester to allow the Relay for Life teams to have a white elephant yard sale at Heritage Square on June 18th from 7:00 a.m. to 3:00 p.m. as long as the Elks Lodge provides the insurance. 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, 35 arrests, 61 citations and 10 written warnings issued. The Police and Animal Control Report for May 2005 was accepted on motion by Councilwoman DeHaas, second by Councilman Zehner. Motion carried by a unanimous vote of the Council present.
The Water Leak report for May 2005 was presented and it was reported that the department repaired 9 leaks (46 year to date) and installed 1 new service.
Snowhaven Minutes for April 6, 2005 and May 4, 2005 were accepted on motion by Councilman Zehner, second by Councilman Lorentz. Motion carried by a unanimous vote of the Council present.
Public Works Director Gortsema gave a Water Project Update. Weekly meetings will be held Thursdays at City Hall at 1:00 p.m. throughout the duration of the project. The streets are marked with paint and the grinder is scheduled to start tomorrow. The contractor plans to start excavating by the end of the week.
RYAN UHLENKOTT HOUSE AT 722 CUNNINGHAM: Mayor Vanderwall noted receipt of a letter from Chris Lamont regarding Ryan Uhlenkott’s property and stated that it will be commented on at the next meeting.
SETTLEMENT ON SEWER CLAIM FOR PHIL MASON FROM 12/22/03: Phil Mason claimed damages of $36,820.40 which ICRMP eventually settled at a 25% reduction in the amount of $28,500.00.
FACILITY PLAN PROPOSAL RECOMMENDATION: The committee reviewed five proposals, with J-U-B Engineers being the top applicant by points rating. The committee recommends negotiating with J-U-B Engineers. Public Works Director Gortsema explained that the facility plan proposal has various areas that will be reviewed. The collection system will be studied, specifically I & I problems to try to determine if it’s more feasible to fix or modify the facility. The discharge permit will also be analyzed. The City has a draft NPDES permit but it hasn’t been approved or signed. The City raised objections and the permit is now being reviewed due to those objections. DEQ has temperature probes in the creek from where Three Mile Creek comes out of ground to where it empties into the South Fork. DEQ is also looking at John’s Creek to see what a reasonable background temperature is. The plan will look at what the City needs to do to meet the permit. A motion was made by Councilman Lester, second by Councilman Lorentz to accept the recommendation by the Committee to negotiate with J-U-B Engineers for the Facility Plan. Motion carried by a unanimous vote of the Council present.
SIDEWALK WAIVER: On motion by Councilman Lorentz, second by Councilman Lester to grant J. Carroll Adkison, of the 1100 Block of North State an indefinite sidewalk waiver. Motion carried by a unanimous vote of the Council present.
Councilman Zehner pointed out that a curb and new driveway was already poured at 117 South 3rd Street and he felt a sidewalk needed to be put in and that it should be a curbside sidewalk. On motion by Councilman Lester, second by Councilman Zehner to deny the indefinite sidewalk waiver submitted by Chris Wagner of 117 South 3rd Street and that he install curb side sidewalks by September 1, 2005. Motion carried by a unanimous vote of the Council present.
Councilwoman DeHaas felt that a sidewalk should be put in at 919 South C Street. Councilman Walker stated that if the Council wanted to start being consistent then that’s ok, but that hasn’t been what the Council has been doing. Councilwoman DeHaas stated that she was more inclined to require sidewalks when a curb and gutter was present. On motion by Councilman Zehner, second by Councilwoman DeHaas to deny the indefinite sidewalk waiver submitted by Jim Barger, of 919 South C Street and that sidewalks are installed by September 1, 2005. Councilman Walker voted no.
DONATE POOL PASSES FOR THE SUMMER READING PROGRAM: On motion by Councilwoman Kissinger, second by Councilwoman DeHaas to donate pool passes as needed to the City Library for the summer reading program. Motion carried by a unanimous vote of the Council present.
SIDEWALKS, CURB AND GUTTER: Councilman Lester asked if citizens need to be made aware that it is their responsibility to install the sidewalk, curb and gutter. He didn’t feel that most people realize curb and gutter is the owner’s responsibility and felt if a waiver was given it should be recorded so new buyers would know that they may be responsible in the future. After some discussion, Attorney Albers stated that the City currently doesn’t have an ordinance that requires curb and gutter except in new subdivisions or when financed by an LID. Attorney Albers explained that property owners are obligated to know what the code is even though they don’t.
SHIP AND RAIL ROLL-OFF CARS: Councilwoman Kissinger felt the containers wouldn’t enhance the view of property in town. Councilman Lorentz was trying to decide if he’d rather have a container or a bunch of junk next door. He felt that most people the Council is worried about don’t have the money to buy one or if one was purchased it would mainly go in the industrial zone. Councilwoman DeHaas stated that someone may buy it to store junk and at least it would be enclosed area. Councilwoman Kissinger stated she wouldn’t want it by her house.
On motion by Councilman Walker, second by Councilwoman Kissinger to have Attorney Albers create an ordinance to prohibit roll-off containers in residence Zone A, B or C. Hank Cook felt that not everyone could afford a three car brick garage and he doesn’t know if it’s the City’s business to tell someone what they can use for storage. A roll call vote was taken with the following results:
Councilwoman DeHaas No
Councilwoman Kissinger Yes
Councilman Walker Yes
Councilman Lorentz No
Councilman Lester No
Councilman Zehner Yes
Mayor Vanderwall broke the tie voting Yes. Motion passed.
WATER PROJECT CHANGE ORDERS #1 and #2: On motion by Councilman Lester, second by Councilman Zehner to approve Change order #1 (increase of $3,359.00) and Change order #2 (decrease of $10,676.00) for the water project. Motion carried by a unanimous vote of the Council present.
INSURANCE COVERAGE: There was discussion on when a certificate of insurance is needed. Attorney Albers explained that the Recreation Statue says those that don’t charge can’t be held liable. The City’s insurance agent, Todd Marek, recommends if the City doesn’t charge a vendor but the vendor charges, then the vendor should provide a certificate of insurance to the City.
ITEMS TO NOTE: The Council received copies of a letter from Clearwater Building Inspection LLC and a Community Forestry Letter.
Personnel handbook items should be submitted prior to July 1st.
The meeting adjourned at 9:15 P.M.
_________________________________
Terry Vanderwall - Mayor
ATTEST:
_________________________
Tonya Kennedy – City Clerk
Mayor Vanderwall presided:
Councilmembers present:
Wes Lester
Bruce Walker
Brian Lorentz
James Zehner
Jane Kissinger
Georgia DeHaas
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 May 16th meeting was approved as corrected by Councilwoman Kissinger, second by Councilman Lester. Motion carried by a unanimous vote of the Council present.
PUBLIC HEARING: A public hearing was held before Planning and Zoning on May 10, 2005 at which time P & Z recommended to the City Council approval of the application submitted by Patricia and Bryan Cash and Virginia Ketcham to approve a variance of Zone A, not to exceed two horses per each parcel, to allow a septic tank and drain field as approved by the North Central Health District or to allow them to connect to City Sewer using a pump station system.
A public hearing on the variance application submitted by Patricia Cash, Bryan Cash and Virginia Ketcham, in relation to Grangeville Tax #563 otherwise known as Lincoln West, was opened before the City Council. Jeff Kutner asked if the applicants still planned to separate the parcel into two lots. Jeff was originally on the Council when the agreement was made and agreed with the motion as recommended by Planning and Zoning in May. Attorney FitzMaurice stated that the process has been about two years in the process and his clients have acted in good faith. During the P&Z hearing there were concerns about animals so Bryan Cash had stepped forth and asked to have just two horses per parcel. This is the one way his clients can develop the land and have it remain in the City. The hearing was then declared closed.
On motion by Councilman Zehner, second by Councilwoman Kissinger to approve the variance application as recommended by Planning and Zoning.
Councilman Lorentz was uncomfortable with the agreement since he wasn’t on the Council at the time it was made and would like to see the City make every effort to have them hook up to City sewer. Councilman Lester agreed with Councilman Lorentz and felt like the City was going backward by allowing septic and drain fields in the City limits. Jeff Kutner stated that he agreed with Councilmen Lorentz and Lester and asked if a clause could be added stating if sewer becomes monetarily feasible that they would hook up to sewer at that time. Attorney FitzMaurice reminded the Council that they had already made an agreement, but to address feasibility, there are several factors not limited to easements that aren’t available on some of the property and lines that are substandard. If it was reasonable, his clients would already have been connected to sewer. A roll call vote was taken with the following results:
Councilwoman DeHaas Yes
Councilwoman Kissinger Yes
Councilman Walker Yes
Councilman Lorentz No
Councilman Lester No
Councilman Zehner Yes
The motion passed. The variance as recommended by Planning and Zoning was approved.
Building Inspection Fees: A public hearing on adopting the 1997 Fee Schedule for Building Permits was opened. Having no public comments, the hearing was declared closed.
ORDINANCE NO. 783
(Ordinance No. 783 in its entirety on file in the City’s Ordinance File)
An ordinance of the City of Grangeville providing for the amendment of Section 4-1-1 of the Municipal code of the City of Grangeville updating the building code fee schedule to the 1997 building code fees and plan checking fees; retaining the minimum fee for projects under $1,201.00 and, providing for the ordinance becoming effective upon its passage, approval, and publication.
On motion by Councilman Walker, second by Councilwoman Kissinger that the first reading be approved, that the rules be suspended, the second and third readings be waived and the ordinance be approved 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. 783 duly approved and adopted.
On motion by Councilman Walker, second by Councilman Lester to authorize Mayor Vanderwall to sign the amended building inspector contract. Motion carried by a unanimous vote of the Council present.
VISITORS: Mike Johnson asked for permission to have rock band practice 1 or 2 times a month at Heritage Square from 6:00 p.m. to 9:00 p.m. on Friday nights. He doesn’t plan to advertise but would like to practice somewhere other than in the basement of Irwin Drug. After discussion, he decided on the 1st and 3rd Fridays of the month, from now through September. If someone else needed Heritage Square, then they would step down and let someone else use it. On motion by Councilwoman Kissinger, second by Councilman Lester to grant Mike Johnson and his rock band permission to use Heritage Square on the 1st and 3rd Fridays of the month through September with the understanding that if Heritage Square is needed for another user, they’d be willing to switch to another date or give it away. Councilwoman DeHaas stated that if there were problems, permission would be revoked. Motion carried by a unanimous vote of the Council present.
Sue Kutner, The Gallery, requested permission to close North Street, between State Street and Hall Street, on July 16, 2005 to allow the setup of tents for a wedding reception. On motion by Councilman Zehner, second by Councilwoman DeHaas to grant Sue Kutner’s request. Motion carried by a unanimous vote of the Council present.
Sue Kutner explained that Grangeville Arts and the Chamber of Commerce are the sponsors for a Music Fest and they plan to provide proof of insurance to the City. No fee is charged for the Music Fest. It will be held on September 24, 2005 at Heritage Square from 11:00 a.m. to 1:00 p.m. On motion by Councilwoman Kissinger, second by Councilman Lester to allow the Chamber and Grangeville Arts to use Heritage Square for the Music Fest from 11:00 a.m to 1:00 p.m. on Sept 24, 2005. The Police Department will close off Heritage Square the morning of the event. Motion carried by a unanimous vote of the Council present.
The Merchants, represented by Sue Kutner, would like to have approval to have a handicap porta potty at Heritage Square for the months of June, July, and August and would like the City to pay for 1 month. Councilwoman Kissinger felt it was very important to have a public restroom available and hopes the day will come when the City has nice restrooms at Heritage Square. On motion by Councilwoman Kissinger, second by Councilman Lorentz to have the City pay for a handicap porta potty at Heritage Square for one month. Motion carried by a unanimous vote of the Council present.
Brad Lutz asked the Council to extend his sidewalk waiver for a couple months. He has had a survey completed and now plans to level the dirt and install sidewalks. Councilman Walker made a motion, second by Councilman Zehner to allow Brad Lutz to have until August 10, 2005 to put sidewalks in. Motion carried by a unanimous vote of the Council present.
Although not present, Mary Strand, 622 West South 1st Street requested permission to remove two trees from the right of way. Councilman Walker felt the trees should be removed, based on the condition of the sidewalk and the location of the power lines. On motion by Councilman Walker, second by Councilwoman DeHaas to allow Mary Strand to remove the two trees in the West South 1st Street right of way. Motion carried by a unanimous vote of the Council present.
Shaun Maxey described a proposal to take advantage of decommissioned water lines in the City and use them in place of conduits for fiber optics. Dr. Davis from Jt. District #241 was interested in participating. Shaun Maxey asked the Council for approval for Ida-Lew to submit a grant proposal that would be submitted in July to see if the abandoned lines would work for fiber optics. The City would need to sponsor the GEM Implementation Grant, with the possibility of Jt. District 241 and the Idaho Transportation Department participating. Dr. Davis, Jt. School District #241 explained that tying the school buildings together with fiber is an option that would be very helpful. The payback to the district could be large and could eliminate some of the utility costs. Public Works Director Gortsema explained that most lines will be abandoned in place, but there are exceptions in which the old lines will or have already been removed. On motion by Councilman Walker, second by Councilwoman Kissinger to allow Shaun Maxey to proceed with the grant application and submit it to the Council for approval prior to July 1st, based upon the information provided by Shaun, that the City would not be out cash, except for in-kind support, and the school district would do the cash match. Councilman Lester wanted to make it clear that the water project would not be slowed down. Motion carried by a unanimous vote of the Council present.
Terri Tackett asked to use Heritage Square on June 18th for a white elephant yard sale to raise money for the American Cancer Society through the Relay for Life teams. It appeared that the Elks Lodge would provide the insurance. Councilman Walker made a motion, second by Councilman Lester to allow the Relay for Life teams to have a white elephant yard sale at Heritage Square on June 18th from 7:00 a.m. to 3:00 p.m. as long as the Elks Lodge provides the insurance. 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, 35 arrests, 61 citations and 10 written warnings issued. The Police and Animal Control Report for May 2005 was accepted on motion by Councilwoman DeHaas, second by Councilman Zehner. Motion carried by a unanimous vote of the Council present.
The Water Leak report for May 2005 was presented and it was reported that the department repaired 9 leaks (46 year to date) and installed 1 new service.
Snowhaven Minutes for April 6, 2005 and May 4, 2005 were accepted on motion by Councilman Zehner, second by Councilman Lorentz. Motion carried by a unanimous vote of the Council present.
Public Works Director Gortsema gave a Water Project Update. Weekly meetings will be held Thursdays at City Hall at 1:00 p.m. throughout the duration of the project. The streets are marked with paint and the grinder is scheduled to start tomorrow. The contractor plans to start excavating by the end of the week.
RYAN UHLENKOTT HOUSE AT 722 CUNNINGHAM: Mayor Vanderwall noted receipt of a letter from Chris Lamont regarding Ryan Uhlenkott’s property and stated that it will be commented on at the next meeting.
SETTLEMENT ON SEWER CLAIM FOR PHIL MASON FROM 12/22/03: Phil Mason claimed damages of $36,820.40 which ICRMP eventually settled at a 25% reduction in the amount of $28,500.00.
FACILITY PLAN PROPOSAL RECOMMENDATION: The committee reviewed five proposals, with J-U-B Engineers being the top applicant by points rating. The committee recommends negotiating with J-U-B Engineers. Public Works Director Gortsema explained that the facility plan proposal has various areas that will be reviewed. The collection system will be studied, specifically I & I problems to try to determine if it’s more feasible to fix or modify the facility. The discharge permit will also be analyzed. The City has a draft NPDES permit but it hasn’t been approved or signed. The City raised objections and the permit is now being reviewed due to those objections. DEQ has temperature probes in the creek from where Three Mile Creek comes out of ground to where it empties into the South Fork. DEQ is also looking at John’s Creek to see what a reasonable background temperature is. The plan will look at what the City needs to do to meet the permit. A motion was made by Councilman Lester, second by Councilman Lorentz to accept the recommendation by the Committee to negotiate with J-U-B Engineers for the Facility Plan. Motion carried by a unanimous vote of the Council present.
SIDEWALK WAIVER: On motion by Councilman Lorentz, second by Councilman Lester to grant J. Carroll Adkison, of the 1100 Block of North State an indefinite sidewalk waiver. Motion carried by a unanimous vote of the Council present.
Councilman Zehner pointed out that a curb and new driveway was already poured at 117 South 3rd Street and he felt a sidewalk needed to be put in and that it should be a curbside sidewalk. On motion by Councilman Lester, second by Councilman Zehner to deny the indefinite sidewalk waiver submitted by Chris Wagner of 117 South 3rd Street and that he install curb side sidewalks by September 1, 2005. Motion carried by a unanimous vote of the Council present.
Councilwoman DeHaas felt that a sidewalk should be put in at 919 South C Street. Councilman Walker stated that if the Council wanted to start being consistent then that’s ok, but that hasn’t been what the Council has been doing. Councilwoman DeHaas stated that she was more inclined to require sidewalks when a curb and gutter was present. On motion by Councilman Zehner, second by Councilwoman DeHaas to deny the indefinite sidewalk waiver submitted by Jim Barger, of 919 South C Street and that sidewalks are installed by September 1, 2005. Councilman Walker voted no.
DONATE POOL PASSES FOR THE SUMMER READING PROGRAM: On motion by Councilwoman Kissinger, second by Councilwoman DeHaas to donate pool passes as needed to the City Library for the summer reading program. Motion carried by a unanimous vote of the Council present.
SIDEWALKS, CURB AND GUTTER: Councilman Lester asked if citizens need to be made aware that it is their responsibility to install the sidewalk, curb and gutter. He didn’t feel that most people realize curb and gutter is the owner’s responsibility and felt if a waiver was given it should be recorded so new buyers would know that they may be responsible in the future. After some discussion, Attorney Albers stated that the City currently doesn’t have an ordinance that requires curb and gutter except in new subdivisions or when financed by an LID. Attorney Albers explained that property owners are obligated to know what the code is even though they don’t.
SHIP AND RAIL ROLL-OFF CARS: Councilwoman Kissinger felt the containers wouldn’t enhance the view of property in town. Councilman Lorentz was trying to decide if he’d rather have a container or a bunch of junk next door. He felt that most people the Council is worried about don’t have the money to buy one or if one was purchased it would mainly go in the industrial zone. Councilwoman DeHaas stated that someone may buy it to store junk and at least it would be enclosed area. Councilwoman Kissinger stated she wouldn’t want it by her house.
On motion by Councilman Walker, second by Councilwoman Kissinger to have Attorney Albers create an ordinance to prohibit roll-off containers in residence Zone A, B or C. Hank Cook felt that not everyone could afford a three car brick garage and he doesn’t know if it’s the City’s business to tell someone what they can use for storage. A roll call vote was taken with the following results:
Councilwoman DeHaas No
Councilwoman Kissinger Yes
Councilman Walker Yes
Councilman Lorentz No
Councilman Lester No
Councilman Zehner Yes
Mayor Vanderwall broke the tie voting Yes. Motion passed.
WATER PROJECT CHANGE ORDERS #1 and #2: On motion by Councilman Lester, second by Councilman Zehner to approve Change order #1 (increase of $3,359.00) and Change order #2 (decrease of $10,676.00) for the water project. Motion carried by a unanimous vote of the Council present.
INSURANCE COVERAGE: There was discussion on when a certificate of insurance is needed. Attorney Albers explained that the Recreation Statue says those that don’t charge can’t be held liable. The City’s insurance agent, Todd Marek, recommends if the City doesn’t charge a vendor but the vendor charges, then the vendor should provide a certificate of insurance to the City.
ITEMS TO NOTE: The Council received copies of a letter from Clearwater Building Inspection LLC and a Community Forestry Letter.
Personnel handbook items should be submitted prior to July 1st.
The meeting adjourned at 9:15 P.M.
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Terry Vanderwall - Mayor
ATTEST:
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Tonya Kennedy – City Clerk
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