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