Tuesday, February 21, 2006

February 21, 2006 Regular Meeting

The City Council met in regular session on February 21, 2006 at 7:30 P.M. in the Council Chambers of City Hall.

Mayor Vanderwall presided:

Councilmembers present:

Brian Lorentz
Bruce Walker
Wes Lester
Georgia DeHaas
Delbert Houger

Councilmember absent:

James Zehner

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 February 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: George Brown Jr. thanked the Council for the letter dated January 13, 2006 and prepared by Attorney Albers. Mr. Brown forwarded a copy of the letter to Hunter Edwards to have him make all the changes as recommended. Two maps were presented to the Council; one for an overall master plan of all the acres and the second one encompassing the area to be annexed. Mr. Brown explained that he moved G and F Street as requested and included the commercial area in annexation. The annexation request is for all the area within the area of impact. Mr. Brown stated he was prepared to pay the 25% down on the equity buy in program and is willing to provide an extension of the area of impact to the West of the existing line. Rather than go through a zone change, he would prefer to use covenants to restrict those in Zone B. He has no plans for highway commercial development. The lots are substantially larger than previously shown and there is a winding look to the city blocks and street. As soon as the property is annexed he will proceed with the subdivision procedure. He doesn’t want any larger lots than approximately 75’ x 150’ so the lots can be easily landscaped and he has eliminated the alleys. He would like to build the initial 37 lots in July and August. Councilman Walker expressed his concerns with covenants and that it requires the home owners association to enforce the covenants. As a property owner in that area, Walker didn’t feel that Mr. Brown would really want Zone B in the middle of his subdivision. Councilwoman DeHaas asked Attorney Albers if the Area of Impact extension could be addressed at a later date so it doesn’t hold up the process. Attorney Albers concurred. Mr. Brown stated that at this time he would like to request annexation with the zones listed from the north to the south of his property, as they are contiguous at this time, with Zone C starting on the North side, then a section of Zone A, Zone B and then Zone A, moving south. Mr. Brown stated that he would record covenants at the same time the plat is recorded and then form a homeowners association. He would keep control until 51% of the lots sold and then the homeowners association would take it over. He plans to control Zone B by using covenants. Discussion occurred on the difference between Washington and Idaho subdivision plats and the City’s process. An annexation request will be at the March 6th meeting.

COMMITTEE REPORTS: On motion by Councilman Lorentz, second by Councilman Lester to accept the Snowhaven Minutes of February 1, 2006. Motion carried by a unanimous vote of the Council present.

Public Works Director Gortsema explained that he had not received any bids for the surplus 1993 Chevy S-10 pickup. On motion by Councilman Walker, second by Councilman Houger to advertise the vehicle on a continuing basis until sold, with a price stated as $1,400.00 or best offer. Motion carried by a unanimous vote of the Council present.

FOUR WAY INTERSECTIONS WITH ONE WAY CONTROL SIGNS: Chief Sedam explained that he now has access to a State website that allows searches of accidents by street location. The Council discussed five intersections in town, as follows: North State and West South 3rd Street; South B Street and Lake Street; South Meadow and East South 3rd Street; North College Street and Cunningham Street and North State Street and Cunningham Street. Discussion occurred on whether these intersections should be dealt with now or if all the problem intersections should be dealt with together. Councilman Houger didn’t feel it’s a good idea to have one control sign at a four way intersection. He felt the Council should take care of these five intersections first and then deal with any others as they come up. Attorney Albers pointed out that the existing City code states that an engineer should conduct a traffic study before any stop signs are installed. Councilman Lester made a motion, second by Councilman Houger to have Public Works Director Gortsema review the Chief’s recommendation. Motion carried by a unanimous vote of the Council present.

FRONT YARD SETBACK: Councilman Lorentz stated that he looked at many houses throughout Grangeville and there aren’t any two houses that line up along the streets. Councilman Lorentz and Councilwoman DeHaas felt that the front yard setbacks should be left as they are.

SETBACKS IN COMMERCIAL AND INDUSTRIAL ZONE: Councilman Lester felt there should be setbacks, for sure in commercial zones abutting residential zones, but doesn’t know how to figure out where the center point is when the streets aren’t curbed and guttered. Public Works Director Gortsema then explained that because most streets are 24’ wide and the right of way is 60’ that should allow enough of a sight triangle to alleviate restrictions. It’s not the building that causes the problem, but rather the cars and other vehicles parked along the street. Councilwoman DeHaas would like to see the code left as is. Clerk Kennedy explained that it was brought to the Council to possibly alleviate fence waiver requests when they might not be necessary. It was suggested that the problem may be vehicles on the street and that maybe the 20’ as required by the State may be too close to the intersections. Councilman Houger felt parking may need to be eliminated at certain intersections. No changes were made to the code.

PRE-1976 HOMES IN CITY LIMITS: Attorney Albers spoke with Jack Rayne to find out why there was a date of March 8, 1971 in the ordinance dealing with mobile homes. Mr. Rayne explained that there was State Law that was passed that made mobile homes constructed in Idaho between March 8, 1971 and June 15, 1976 safer than those constructed outside the state. Then in 1976 HUD requirements usurped the State standards and then only federal rules applied. Attorney Albers changed the definitions by eliminating anything that dealt with 1971 dates. It was added that any pre1976 mobile home has to be rehabilitated before being moved into the City. The ordinance eliminates single wide homes from lots in town unless located in a mobile/manufactured home park. A hearing would need to be held before P & Z since it deals with zoning ordinances. The Council was asked to review the drafts for the next meeting

BILLS: The bills were approved and ordered paid out of their respective funds including approval of the final pay request from Atlas on the 2005 Sewer Project in the amount of $8,975.90 and change order #1 in the amount of ($7,037.65) on motion by Councilman Lester, second by Councilman Walker. Motion carried by a unanimous vote of the Council present.

Payroll Fund $ 47,791.35
General Fund $ 48,548.86
Street Fund $ 32,248.56
Library Fund $ 3,531.10
Library Memorial Fund $ 539.70
Recreation Fund $ 758.96
Snowhaven Fund $ 14,837.28
Medical Insurance Fund $ 12,672.81
Water Fund $ 26,226.31
Sewer Fund $ 31,472.48
Sanitation Fund $ 41,442.49
LID#3 Fund $ 48,000.00

Clerk Kennedy explained that usually the auditor submits an audit proposal in the fall to be approved; however the proposal was not received prior to the audit. On motion by Councilman Walker, second by Councilman Lester to authorize the mayor and clerk to sign the proposal and to pay the first billing installment to the auditors as included in the bills. Motion carried by a unanimous vote of the Council present.

WATER PROJECT: Public Works Director Gortsema recommended several items that should be completed that are above and beyond the design and scope of the plan. Based on projections from the engineer, the current project overrun is estimated at ($30,266.78). Additional items that have been recommended are South 8th Street, 9th and 10th Street connector line and the truck route loop for an estimated cost of $38,500.00. These changes cause an approximate overrun in the project of ($68,800.00). Councilwoman DeHaas made a motion, second by Councilman Lester to approve the recommendations of Public Works Director Gortsema. Motion carried by a unanimous vote of the Council present.

WATER DAMAGES CLAIM AT 213 N. MEADOW: During the water project, Bodiford’s subcontractor J&J Horizontal Drilling was responsible for the installation of the water service at 213 N. Meadow on July 20, 2005. J&J was responsible for turning water services on and off as needed for the installation of new meters or connecting old meters to the new water main. They were told up front that the water had to be returned to its original setting (i.e. on or off). After the work was done, the City’s duty person was called out by a neighbor that saw water running out of the house. The duty person shut off the water and notified City Hall. Bodiford and J&J were both notified of potential water damage and asked to contact the owner, William Phillips. The City received a claim from Allstate in mid November. The City contacted Allstate and Bodiford after receiving the claim and then forwarded the claim information on to Bodiford. The City received a second notice from CBC National Recovery Services at which time the information was turned over to ICRMP. Public Works Directory Gortsema stated that a letter has been forwarded to Bodiford from DMJM that this claim is outstanding and the City would like to have it resolved.

BEER AND WINE LICENSE: On motion by Councilman Lester, second by Councilman Houger to approve Beer & Wine by the drink and Beer by the Package pending state approval to Barbara Duncan d/b/a Barb’s CafĂ©. Motion carried by a unanimous vote of the Council present.

Councilman Lester asked whether the Council individually or the Council as a whole should respond to the County on solutions to the garbage issue. Councilman Lester would like to see the Council meet and write a letter as a whole.

ITEMS TO NOTE
: The Technical Review Committee will meet on the Williams Subdivision on February 28, 2006.

The meeting adjourned at 9:25 P.M.

_________________________________
Terry Vanderwall - Mayor

ATTEST:
_________________________
Tonya Kennedy – City Clerk

Monday, February 6, 2006

February 6, 2006 Regular Meeting

The City Council met in regular session on February 6, 2006 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
Georgia DeHaas
Del Houger

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 January 23rd meeting were approved as presented by Councilwoman DeHaas, second by Councilman Lester. 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 157 calls for service. There were 127 cases written, 32 misdemeanor arrests, 4 felony arrests, 57 citations, 10 written warnings issued, 3 dogs and 1 cat impounded. The Police and Animal Control Report for January 2006 was accepted on motion by Councilman Zehner, second by Councilman Lorentz. Motion carried by a unanimous vote of the Council present.

The Water Leak report for January 2006 was presented and it was reported that the department repaired 5 leaks (178 year to date) and installed one new service. On motion by Councilman Houger, second by Councilman Lester to accept the water report for January 2006. Motion carried by a unanimous vote of the Council present.

On motion by Councilman Lester, second by Councilman Zehner to accept the Planning and Zoning Minutes of January 10, 2006. Motion carried by a unanimous vote of the Council present.

Councilman Houger made a motion, second by Councilman Lester to accept the Library Minutes of January 26, 2006. Motion carried by a unanimous vote of the Council present.

RESOLUTION NO. 188

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

A resolution of the City of Grangeville adopted pursuant to Section 11-5-2B of the Grangeville Municipal Code; providing for the adoption of the Local Highway Technical Assistance Council 2001 Guidelines Manual, entitled “Highway & Street Guidelines for Design and Construction”; providing for amendment and variance of such guidelines under extraordinary hardship or circumstances; providing for the maintenance of the manual in the office of the City Clerk.

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

Councilwoman DeHaas Yes
Councilman Houger Yes
Councilman Walker Yes
Councilman Lorentz Yes
Councilman Lester Yes
Councilman Zehner Yes

The motion passed. Mayor Vanderwall then declared Resolution No. 188 duly approved and adopted.

Ordinance No. 796

Attorney Albers explained that this ordinance was originally passed on October 17, 2005 and he then proceeded to read just the amended section which was that section relating to the overage rate, Section 1-C (a) and C (b), along with the summary to be published.

Councilman Walker made a motion, second by Councilman Houger that the first reading be approved as previously read on October 17, 2005 with the amended section as read today and the ordinance pass to the second reading. A roll call vote was duly taken with the following results:

Councilwoman DeHaas Yes
Councilman Houger Yes
Councilman Walker Yes
Councilman Lorentz Yes
Councilman Lester Yes
Councilman Zehner Yes

On motion by Councilman Lester, second by Councilman Lorentz, 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 Houger Yes
Councilman Walker Yes
Councilman Lorentz Yes
Councilman Lester Yes
Councilman Zehner Yes

The motion passed. Mayor Vanderwall then declared Ordinance No. 796 duly approved and adopted.

Attorney Albers then read the summary of Ordinance No. 796 and submitted an attorney’s certification of the ordinance and summary. On motion by Councilman Lester, second by Councilman Zehner to approve the summary of Ordinance No. 796. Motion carried by a unanimous vote of the Council present.

FOUR WAY INTERSECTIONS AND ONE CONTROL SIGN: Mayor Vanderwall asked that the Council review the recommendations as submitted by the Police Chief. Discussion of the recommendations will occur at the February 21st meeting.

DISCUSSION OF 20’ SETBACK: Clerk Kennedy and Public Works Director Gortsema explained that the normal front yard setback is 20’. If someone is building a terrace, the setback can be 15’. The staff asked the Council if they wanted to leave the code as is or if any changes should be made as someone could build a terrace and then a few years later come in to cover it and then they wouldn’t meet the required setback. Councilman Zehner felt that the code should be left alone. Mayor Vanderwall encouraged the Council to review the code sections for the February 21st meeting.

P&Z APPOINTMENTS: On motion by Councilman Zehner, second by Councilman Houger to appoint Kevin Asker to the Planning and Zoning Commission for a three year term, to expire February 6, 2009. Motion carried by a unanimous vote of the Council present.

MEETING CHANGE: On motion by Councilman Lester, second by Councilman Zehner to change the second meeting in February from the 20th to February 21, 2006. Motion carried by a unanimous vote of the Council present.

WASTEWATER FACILITY PLAN: On motion by Councilman Lester, second by Councilman Lorentz to approve the contract with JUB Engineers for Phase I of the Wastewater Facility Plan in the amount of $129,350.00. Motion carried by a unanimous vote of the Council present.

CORNER LOTS IN THE COMMERCIAL AND INDUSTRIAL AREAS: Clerk Kennedy and Public Works Director Gortsema brought a possible code conflict to the Council for review. In the commercial and industrial zone, as long as lots don’t abut a residential zone, buildings can be built up to the property line. There is a separate code on fence and sight restrictions that states a fence cannot be constructed higher than 3’ when within 50’ of the corner. Councilman Walker stated that it may be a problem where you don’t want a building up to the property line on corners in addition to the fence problem. He felt the Council may need to look at certain restrictions when a lot is not in the business district to keep site restrictions from happening on the corners. Chief Sedam stated that the vision triangle as required by state code is a good idea except on streets that aren’t curbed and guttered because then it’s difficult to locate the actual intersection. It may work better to set a fixed setback. Councilman Walker felt the fence code should be left alone. The owner can request a variance from the Council as they are currently required to do if they want to build taller than allowed when closer than 50’. Councilman Walker felt the Council should look at creating a setback in the commercial and industrial zones when the lots are not located in the business district. Councilman Lester didn’t think the City would want the same problems as those on Main Street when the City has the chance to prevent the problems.

ITEMS TO NOTE: The Council was in receipt of the RC&D minutes of December 22, 2005.

Attorney Albers is working on amending the mobile home ordinance but needs additional information from a State Building Official at the State level.

The meeting adjourned at 8:40 P.M.

_________________________________
Terry Vanderwall - Mayor

ATTEST:
_________________________
Tonya Kennedy – City Clerk

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