October 17, 2005 Regular Meeting

The City Council met in regular session on October 17, 2005 at 7:30 P.M. in the Council Chambers of City Hall.

President Walker presided:

Councilmembers present:

James Zehner
Brian Lorentz
Jane Kissinger
Bruce Walker
Wes Lester

Councilmember absent:

Georgia DeHaas
Mayor Vanderwall

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 October 3rd regular meeting were approved as presented by Councilman Lester, second by Councilman Lorentz. Motion carried by a unanimous vote of the Council present.

PUBLIC HEARING: Ordinance #792 was read for those in attendance. No comments were heard and the hearing was declared closed.

ORDINANCE NO. 792

(Ordinance No. 792 in its entirety on file in the City’s Ordinance File)

AN ORDINANCE OF THE CITY OF GRANGEVILLE PROHIBITING THE USE ON ANY PERMANENT BASIS OF SHIPPING CONTAINERS OR ENCLOSED CARGO VAN TRAILERS FOR STORAGE IN YARD OR OTHERWISE ON REAL PROPERTY OPEN TO THE PUBLIC VIEW IN ZONE A, ZONE B AND THE BUSINESS DISTRICT OF ZONE C; PROVIDING FOR THE ORDINANCE BECOMING EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION; PROVIDING FOR INJUNCTIVE RELIEF FOR VIOLATION OF THIS ORDINANCE.

On motion by Councilwoman Kissinger, 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. Councilman Lorentz was still opposed since he didn’t feel this would really be an issue. Most people aren’t going to spend the money to purchase one. He felt the one on Idaho Street looks a lot nicer than a lot of storage units in town and they are far from the most unsightly things in town. A roll call vote was duly taken with the following results:

Councilwoman Kissinger Yes
Councilman Lorentz No
Councilman Lester Yes
Councilman Zehner Yes

The motion passed. President Walker declared Ordinance No. 792 duly approved and adopted.

COMMITTEE REPORTS: On motion by Councilman Lester, second by Councilman Zehner to approve Bodiford pay request #5 in the amount of $94,194.46 subject to engineer approval. Motion carried by a unanimous vote of the Council present. Public Works Director Gortsema stated that as of October 14th the water project is approximately 33% complete. After the end of this week the North side should be about cleaned up and work is progressing on the south side.

ORDINANCE NO. 791

(Ordinance No. 791 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 OF THE MUNICIPAL CODE OF THE CITY OF GRANGEVILLE RELATING TO THE FORMULA FOR BASIC SEWER RATES WITHIN THE CITY; DESCRIBING A METHOD OF BILLING RESIDENTIAL SINGLE FACILITY, MULTIPLE FACILITY, AND COMMERCIAL UNITS WITHIN THE CITY; REPEALING CERTAIN LANGUAGE RELATING TO A 150% THRESHOLD FOR SEWER BILLINGS; INCLUDING A 100 CUBIC FOOT INCREMENT BILLING SYSTEM FOR SEWER RATES BASED UPON WATER USAGE; RETAINING BASIC DEFINITIONS; 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 Lester, second by Councilman Lorentz that the rules be suspended, the second and third readings be waived and the ordinance be approved and adopted. (First reading passed October 3, 2005) A roll call vote was duly taken with the following results:

Councilwoman Kissinger Yes
Councilman Lorentz Yes
Councilman Lester Yes
Councilman Zehner Yes

The motion passed. President Walker declared Ordinance No. 791 duly approved and adopted.

On motion by Councilman Lester, second by Councilman Zehner to approve the Summary of Ordinance #791. Motion carried by a unanimous vote of the Council present.

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 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 Zehner, second by Councilwoman Kissinger that the rules be suspended, the second and third readings be waived and the ordinance be approved and adopted. (First reading passed September 19, 2005) A roll call vote was duly taken with the following results:

Councilwoman Kissinger Yes
Councilman Lorentz Yes
Councilman Lester Yes
Councilman Zehner Yes

The motion passed. President Walker declared Ordinance No. 790 duly approved and adopted.

UNLOADING TRUCKS ON MAIN STREET: Chief Sedam explained that he has watched trucks unloading on Main Street in the last two weeks and it appears to be just three or four that park in the turning lane of the street to unload, while UPS parks where ever they can. The Chief doesn’t see it as a problem since the number is so small, but he would like guidance on how to proceed. Councilman Lester felt that when trucks are parked in the downtown area to unload, they should park in the turning lane in the middle of the block and not at the street intersection. If possible, they should use the parking lot or the alley. Chief Sedam suggested drafting a letter that his officers can give out to delivery trucks that are blocking the traffic, which would ask the drivers to use the turn lane for parking or the parking lot or alley if available. The council was in agreement with Chief’s suggestion.

BILLS: The bills were approved and ordered paid out of their respective funds on motion by Councilman Lester, second by Councilman Zehner. Motion carried by a unanimous vote of the Council present.

Payroll Fund $ 39,034.89
General Fund $ 48,842.08
Street Fund $ 20,353.59
Library Fund $ 3,506.34
Recreation Fund $ 6,986.47
Snowhaven Fund $ 180.34
Medical Insurance Fund $ 14,523.56
Water Fund $228,575.54
Sewer Fund $ 73,171.84
Sanitation Fund $ 38,939.54

ELECTION CLERKS AND JUDGES: The Clerk Kennedy appointed the following judges and clerks for the November 8, 2005 election.

Precinct No. Judge Clerks

1 & 2 Charlene Schumacher Billie Sue Stephens & Juanita Seay
3 Chloe McCulley Patsy Hazelbaker & Jeannette Lester
4 & 5 Janice Inghram Carol Kinzer & Betty Spicklemire

Councilwoman Kissinger asked Clerk Kennedy to make sure the election officials count the tallies correctly, due to problems in the last couple elections. Councilman Zehner made a motion, second by Councilman Lester to accept the Clerks appointments for election judges and clerks. Motion carried by a unanimous vote of the Council present.

TONNAGE REPORTS: Councilman Walker asked the Clerk to check the contract to determine when the tonnage reports are due to the Council, whether quarterly or monthly. On motion by Councilman Lester, second by Councilwoman Kissinger to accept the tonnage reports for January 2005 through August 2005. Motion carried by a unanimous vote of the Council present.

P & Z RESIGNATION: Councilman Zehner made a motion, second by Councilman Lorentz to accept the resignation effective October 1, 2005 as submitted by Glenn Edwards. Motion carried by a unanimous vote of the council present.

P & Z APPOINTMENT: On motion by Councilman Zehner, second by Councilman Lester to appoint Darcie Bentley to a three year P & Z term expiring on October 17, 2008. Motion carried by a unanimous vote of the Council present.

POOL DONATION: On motion by Councilwoman Kissinger, second by Councilman Lester to donate a pool family pass to the Grangeville Extracurricular Activity Fundraiser in November. Motion carried by a unanimous vote of the Council present.

PUBLIC WORKS ROOF: The public works roof was damaged in a storm in July. The quotes we have from two different contractors show that the current roof will need to be replaced in 4 to 5 years. ICRMP has stated that they will pay for $7,750.00 which is the quote submitted by All Weather Roofing for the repair of the roof, with no warranty. A complete roof replacement is $13,200.00, which would have a 5 year labor and 12 year manufacture warranty. ICRMP wouldn’t pay for a temporary repair that the second contractor proposed. Gortsema felt it may be in the best interest of the City to replace the entire roof now and have the City pay the additional $5,450.00 which would give the City the warranty on the roof. On motion by Councilman Lester, second by Councilman Lorentz to authorize Public Works Director Gortsema to have All Weather Roofing Company replace the entire roof but to first check on the 15 yr warranty. Motion carried by a unanimous vote of the Council present.

P & Z DISCUSSION: After discussion with Attorney Albers, Clerk Kennedy brought up a few changes that need to be made to the Planning and Zoning Commission and possible different solutions. Due to a possible conflict of interest the Council representative should be removed from P & Z and the volunteer reviewer for building, conditional use and variance applications should not be a P & Z member. The Council can determine the size of P & Z as long as it is between 3 and 12 members or the Council can decide to serve as the Commission without a separate body. If the size of the Commission is reduced to 7 or 5, then the number of area of impact representatives may be able to be reduced from two to one. Councilwoman Kissinger likes to receive the input of other citizens and read their reasoning, so she doesn’t want to do away with P&Z. Councilman Lester felt it was important to have area of impact representatives. Councilman Zehner felt that two members could be dropped and the commission could still function. It was then discussed reducing the commission to seven members and one area of impact representative. If the County was willing to change the area of impact requirement to allow people to serve if they owned property in the area of impact then the Council felt they should stay at two. Paul Eimers was present for discussion and stated that nine is a better number if your people show up, but if they don’t then they cripple the quorum. The Council plans to talk to the commissioners before drafting an ordinance.

The Council asked Attorney Albers to see if the City could be scheduled at the October 31st County Commissioner meeting to ask if the area of impact representative could also be a person that owned property in the area of impact. Attorney Albers should notify Council members when this is set up so they can attend the Commissioner meeting.

It was also discussed that the reviewer should not be a member of the Commission. The Council felt that the reviewer should be a city staff member, but would like to discuss it further at a workshop.

The meeting adjourned at 9:00 P.M.

_____________________________________
Bruce Walker – President

ATTEST:


_________________________
Tonya Kennedy – City Clerk