City of Grangeville Idaho 2005 Minutes Archives

Monday, September 19, 2005

September 19, 2005 Regular Meeting

The City Council met in regular session on September 19, 2005 at 7:30 P.M. in the Council Chambers of City Hall.

President Walker presided:

Councilmembers present:

James Zehner
Brian Lorentz
Georgia DeHaas
Wes Lester

Mayor and Councilmember absent: Jane Kissinger
Mayor Vanderwall

City employees present were Water Superintendent Curtiss, Chief Sedam, Attorney Albers and Clerk Kennedy.

The meeting was called to order and the minutes of the September 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: John Insull and Mark Willig presented a proposal to the Council to change the current Library hours. They would like to see the library hours change from 12 Noon to 6:00 p.m. Monday – Friday to the following:

Tuesday and Thursday: 12 Noon to 8 p.m.
Monday, Wednesday & Friday: 12 Noon to 6 p.m.
Saturday: 10:00 a.m. to 2:00 p.m

They would like to see the extra hours be accomplished by having volunteers work at the library and they would both be willing to be volunteers. It was explained that the library hours were just shortened as of November 2004 because not many people were coming after 6:00 p.m. Years ago, the library used to be open on Saturdays and it was the same situation of being open without customers. With new privacy laws, volunteers are not able to access the computer system, so the proposal would cost more in wages. President Walker recommended that Mr. Insull attend the Library Board Meeting on September 22nd to talk to them about the proposal.

Holly Cotton was present as a member of the Alice Whitman Chapter of the National Society of the Daughters of the American Revolution asking the Council to proclaim September 17th – 23rd as Constitution Week. Councilman Walker then read a Constitution Week proclamation. On motion by Councilwoman DeHaas, second by Councilman Lorentz to make a proclamation establishing September 17th - 23rd as Constitution Week.

COMMITTEE REPORTS: On motion by Councilman Lester, second by Councilman Zehner to approve Bodiford pay request #4 in the amount of $184,918.46. Motion carried by a unanimous vote of the Council present.

The Sewer Project is almost complete. The walk thru was last week and the contractor has a punch list to complete. A motion was made by Councilman Lester, second by Councilman Zehner to approve Atlas Pay Request #2 in the amount of $87,308.01

Councilman Zehner made a motion, second by Councilman Lorentz to accept the Planning and Zoning minutes of September 13, 2005 as presented and to have the City Clerk create a folder for future comprehensive plan ideas. Motion carried by a unanimous vote of the Council present.

On motion by Councilman Zehner, second by Councilman Lester to accept the Snowhaven Minutes of September 14, 2005 as presented. Motion carried by a unanimous vote of the Council present.

DISPATCH AGREEMENT WITH THE COUNTY: A motion was made by Councilman Lester, second by Councilwoman DeHaas to authorize the Mayor and City Clerk to sign the dispatch agreement with the County. Motion carried by a unanimous vote of the Council present.

BILLS: The bills, including Atlas Pay Request #2 in the amount of $87,308.01, were approved and ordered paid out of their respective funds on motion by Councilman Lester, second by Councilman Lorentz. Motion carried by a unanimous vote of the Council present.

Payroll Fund $ 44,787.04
General Fund $ 51,650.70
Street Fund $ 16,027.49
Library Fund $ 7,102.88
Recreation Fund $ 16,365.51
Snowhaven Fund $ 115.67
Medical Insurance Fund $ 16,719.38
Water Fund $ 89,639.17
Sewer Fund $108,503.26
Sanitation Fund $ 36,716.55

SIDEWALK WAIVER REQUESTS: On motion by Councilman Lester, second by Councilman Lorentz to grant an indefinite sidewalk waiver to Tom Cassill Jr. at 910 Crooks Street. Motion carried by a unanimous vote of the Council present.

CONTROL ENGINEERS RETAINAGE: A motion was made by Councilman Zehner, second by Councilman Lester to release the retainage owed to Control Engineers in the amount of $2,006.00. Motion carried by a unanimous vote of the Council present.

ORDINANCE NO. 789

(Ordinance No. 789 in its entirety on file in the City’s Ordinance File)

An Ordinance of the City of Grangeville providing for the amendment of Section 8-5-5 of the municipal code of the City of Grangeville relating to meter rates for water, both inside and outside the City limits; establishing a bulk rate for water and continuing the existing costs for delinquent bills and demand rates; 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.

Councilwoman DeHaas 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
Councilman Lorentz Yes
Councilman Lester Yes
Councilman Zehner Yes

The motion passed.

On motion by Councilwoman DeHaas, second by Councilman Lester, 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
Councilman Lorentz Yes
Councilman Lester Yes
Councilman Zehner Yes

The motion passed. President Walker then declared Ordinance No. 789 duly approved and adopted.

ORDINANCE NO. 790

(Ordinance No. 790 in its entirety on file in the City’s Ordinance File)

An Ordinance of the City of Grangeville providing for the amendment of Section 8-5-3-1 of the Municipal code of the City of Grangeville relating to sewer rates; providing for increase in sewer rates and increasing the rates outside the city limits of the City of Grangeville; defining usage rate as established pursuant to the amendment of Ordinance 8-5-3 at the current time; providing for the retention of the remainder of Section 8-5-3; providing for the publication; and, providing for the repeal of ordinances or parts of ordinances in conflict herewith.

Councilwoman DeHaas 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
Councilman Lorentz Yes
Councilman Lester Yes
Councilman Zehner Yes

The motion passed. The Ordinance will be discussed at the October 3rd meeting in conjunction with a revised sewer ordinance.

FINDINGS OF FACTS AND CONCLUSIONS OF LAW AND ORDER-UHLENKOTT AT 722 CUNNINGHAM: Clerk Kennedy reported that she talked to Jack Rayne and he researched the building records from 2002 to current and Chris Lamont was not a certified building inspector.

Attorney Albers read the findings of facts to the City Council and asked that they add or delete anything that wasn’t in the record at the public hearing. Councilman Walker asked to have added when Ryan admitted his building was a dangerous building as it is in it’s current condition. On motion by Councilman Lester, second by Councilman Zehner to approve the findings of facts and conclusions of law and order declaring the building of Ryan & Heather Uhlenkott at 722 Cunningham a dangerous building. Motion carried by a unanimous vote of the Council present. A copy of the findings will be delivered to Ryan and Heather Uhlenkott by the Sheriff’s office.

SHIPPING CONTAINER ORDINANCE: Attorney Albers recommends having an additional public hearing before the City Council, therefore this ordinance would be discussed at the 2nd meeting in October. Councilman Lester made a motion, second by Councilman Zehner to postpone the shipping container ordinance until October 17th to allow for another public hearing. Motion carried by a unanimous vote of the Council present.

TORT CLAIM: A tort claim was received by Vance and Joellen Schmaus in the amount of $100,000.00 in conjunction with the accident that occurred on June 27, 2005 between Joellen Schmaus and a City dump truck. Councilman Zehner made a motion, second by Councilman Lester to acknowledge receipt of the tort claim and forward it to ICRMP. Motion carried by a unanimous vote of the Council present. Attorney Albers explained that if no action is taken within 90 days the claim is denied.

WATER BOND FEES: Councilman Lester made a motion, second by Councilman Lorentz to have Attorney Albers draft an ordinance that would make everyone pay the $15.00 bond fee whether or not their water account is active. Councilman Zehner would rather see a reconnection charge than all accounts paying $15.00 whether the account was active or not. The motion was withdrawn by Councilman Lester until the City Clerk can get additional information on billing non active accounts.

ITEMS TO NOTE: Copies of the RC&D Minutes of August 25, 2005 were presented to the Council.

The meeting adjourned at 9:10 P.M.

_____________________________________
Bruce Walker - President

ATTEST:


_________________________
Tonya Kennedy – City Clerk

Tuesday, September 6, 2005

September 6, 2005 Regular Meeting

The City Council met in regular session on September 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
Jane Kissinger
Georgia DeHaas

Councilmember Absent:

James Zehner

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 August 15th meeting were approved as presented by Councilwoman DeHaas, second by Councilman Lorentz. Motion carried by a unanimous vote of the Council present.

PUBLIC HEARING ON UHLENKOTT: The City Council held a public hearing on Ryan Uhlenkott’s house located at 722 Cunningham, in accordance with Title 4 Chapter 6 with relation to dangerous building. Attorney Albers read the letter dated July 20, 2005 which invited Ryan to a public hearing scheduled for August 1st in which Ryan would show cause why the structure should not be repaired, vacated, or demolished in accordance with the provisions of Title 4 Chapter 6 and various Building Codes adopted by the City. Attorney Albers explained that the hearing was later reschedule for this meeting. He then read various letters sent between the City and Ryan, as contained in the file as maintained by the City Clerk.

Ryan felt there were four different codes that were referenced during the time he was told his building was a dangerous building. He felt that the building inspector has still not shown where it states that the entire building would need to be repaired and brought up to code, including structure, wiring and plumbing. Ryan would like to repair the foundation, the back portion of building (electrical and floor), fix the walls and the side and be done. Ryan felt that he is not being treated equally and that what he is being told to do is unfair. Chris Lamont, a building inspector in Clearwater County before he decided to go to law school had written a letter dated June 1, 2005 that stated he didn’t feel that the entire structure needed to be repaired but just certain sections. Councilwoman Kissinger stated that it’s been months since Ryan first came in and set a deadline for himself of May 1, 2005 and nothing has been done.

Steve Meshishnek explained that everything that has been done has been documented in the file retained by the City Clerk. Steve read some of the letters that were provided by himself, Jack Rayne and Dan Tackett. The structure has undergone numerous inspections, including a fire inspection and a further inspection by Jack Rayne, Building Bureau Chief. The foundation of the house isn’t a legal foundation as referred to in the letter dated in December of 2004. Councilman Walker asked if it was correct that at this time there is no building permit, so the dangerous building code is applicable. However, if Ryan takes out a permit then the International Building Codes would then apply, including plumbing and electrical. Steve responded that Councilman Walker’s comments were accurate. According to Steve, if a permit was taken out, an adequate foundation to support the load based on floor joist would be needed, along with a foundation wall, a new floor system, probably a new electrical panel and new wiring in structure and new plumbing throughout the structure. As far as the fire code, the chimney would need to be fixed or replaced (refer to the letter from the Fire Chief dated July 7, 2005). Councilwoman Kissinger asked Ryan why he wouldn’t let the fire inspector in to inspect the house when asked. Ryan stated he didn’t feel it was pertinent at the time. Councilwoman Kissinger asked what Ryan’s plans were for the house. Ryan stated that he wants to fix up the house and rent it. He wanted to know why he has to upgrade the wiring on the entire building when no one else is required to. Ryan also stated it is typical to bring the new structure up to date, which he will do of the addition on the back, but he doesn’t want or feel he needs to bring the entire structure up to the new code. Councilman Walker asked if Chris Lamont could get the City a copy of his certification and any reports that he completed.

Attorney Albers explained to the Council that they now need to determine whether Ryan had shown cause why the building should not be torn down. The Council has the discretion of whether they want to enforce the dangerous building code or give him time to supply more information. Councilman Walker stated that even if Ryan wanted to repair the building he would be required to comply with the dangerous building code immediately and then after that is completed then a building permit would need to be done for remodeling. Ryan felt he’s not being represented correctly and would like to bring other people in to provide testimony. Councilman Walker explained that the hearing was for that testimony and now it is a little too late for him to want to bring other people. Mayor Vanderwall declared the hearing closed.

Councilman Walker stated that the Council needs to abide by the experts that have stated the building is a dangerous building, as Ryan also stated earlier in the hearing. Councilwoman Kissinger felt that the Council has been patient with Ryan and regrets there has been misunderstandings, but various inspectors have looked at it and agree that it is a dangerous building. The City has had two expert opinions state that it is dangerous and the Council needs to go forward with findings of fact. On motion by Councilwoman Kissinger, second by Councilman Lester to sustain the findings of the building inspectors concerning the house at 722 and proceed with findings of fact. Motion carried by a unanimous vote of the Council present. Attorney Albers will prepare findings of fact and submit them to the Council at the next meeting.

PUBLIC HEARING ON THE BUDGET: At this time the public hearing was held for consideration of the proposed budget for the fiscal period October 1, 2005 – September 30, 2006. Mayor Vanderwall also asked for any comments on the approximate 6% increase in water rates, 28% increase in sewer rates, a 2.8% increase in garbage rates and a 33% increase in bulk water. A new charge for bulk water was also proposed, creating a $50.00 set up fee for any entity that wants a remote hookup through a fire hydrant. There being no comments or objections the hearing was declared over and the following Ordinance was read.

ORDINANCE NO. 787

(Ordinance No. 787 in its entirety on file in the City’s Ordinance File)

An ordinance entitled the annual appropriation ordinance for the fiscal year beginning October 1, 2005, appropriating the sum of $5,343,293.00 to defray the expenses and liabilities of the City of Grangeville for said fiscal year; authorizing a levy of sufficient tax upon the taxable property and specifying the objects and purposes for which said appropriations are made.

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

The motion passed.

On motion by Councilman Walker, second by Councilman Lester, 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

The motion passed. Mayor Vanderwall then declared Ordinance No. 787 duly approved and adopted.

RESOLUTION NO. 186

(Resolution No. 186 printed in its entirety on Page 234 in the Resolution Book)

The following resolution was introduced by Councilwoman Kissinger who moved for its adoption. Second by Councilman Lester.

A resolution of the City of Grangeville providing for an increase in residential solid waste or garbage charges pursuant to Grangeville City Ordinance 7-1-25.

A roll call vote was duly taken with the following results:

Councilman Lester Yes
Councilman Lorentz Yes
Councilman Walker Yes
Councilwoman Kissinger Yes
Councilwoman DeHaas Yes

The motion passed. Mayor Vanderwall then declared Resolution No. 186 duly approved and adopted.

VISITORS: Julie Stevens, 422 E North 4th Street, asked for permission to plant one to two trees in the right of way on Boulevard to help shade her house. On motion by Councilwoman Kissinger, second by Councilman Lester to grant Julie Steven’s request to place one to two trees in the right of way as long as she plants one of the approved trees specified in Section 8-3-8. 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 an unknown number of calls for service. There were 167 cases written, 43 misdemeanor arrests, 7 felony arrests, 64 citations and 9 written warnings issued. The Police and Animal Control Report for August 2005 was accepted on motion by Councilman Lester, second by Councilman Lorentz. Motion carried by a unanimous vote of the Council present.

The Water Leak report for August 2005 was presented and it was reported that the department repaired 37 leaks (145 year to date) and installed two new services.

WATER PROJECT: Public Works Director Gortsema stated that Bodiford has installed approximately 90% of the main line on the North side. They are still working on the service connections and will install the bridge on Meadow Street. As of the last weekly meeting, Bodiford is considering putting together their own crew to get the service connections completed. The City has recommended that no work start on the South side until the north side is wrapped up as much as possible.

Councilman Lester made a motion, second by Councilwoman DeHaas to ratify and approve change order #3 for $1,737.50 and change order #5 for $3,855.00. Motion carried by a unanimous vote of the Council present.

Councilwoman DeHaas made a motion, second by Councilwoman Kissinger to approve change order #4 in the amount of $14,678.42. Motion carried by a unanimous vote of the Council present.

The sewer project is almost complete except for a few remaining punch list items. Public Works Director Gortsema stated the project consisted of 20 new manholes, 3,253 feet of 8” main and 164 feet of 6” main.

SNOWHAVEN EXPANSION COMMITTEE MEETING: Mayor Vanderwall scheduled a meeting for 7:00 pm on September 28, 2005 between the Council and the Expansion Committee.

ORDINANCE NO. 788

(Ordinance No. 788 in its entirety on file in the City’s Ordinance File)

An ordinance of the City of Grangeville providing for the changing of the name of Aspen Alley in the Aspen Lane Subdivision to Aspen Drive; providing a cross reference between this ordinance and the recorded instrument number of the Aspen Lane Subdivision; 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.

On motion by Councilman DeHaas, 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:

Councilman Lester Yes
Councilman Lorentz Yes
Councilman Walker Yes
Councilwoman Kissinger Yes
Councilwoman DeHaas Yes

The motion passed. Mayor Vanderwall then declared Ordinance No. 788 duly approved and adopted.

CAMAS CAFÉ BEER AND WINE LICENSE: On motion by Councilwoman Kissinger, second by Councilman Lester to approve the transfer of the beer and wine license from George McCallum d/b/a Camas Café to Camas Café LLC d/b/a Camas Café. Motion carried by a unanimous vote of the council present.

ELECTIONS: Clerk Kennedy explained the City will have five positions up for election this fall. They are a Mayor position, three 4-year Council positions and one 2-year Council position. Candidates can file a declaration of candidacy between September 16th and 30th.

ITEMS TO NOTE: The Council received copies of the RC & D Minutes of July 21, 2005 and copies of the Third Quarter budget reports.

The meeting adjourned at 9:05 P.M.


_________________________________
Terry Vanderwall - Mayor

ATTEST:


_________________________
Tonya Kennedy – City Clerk

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