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.
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.
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.
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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