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.

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Terry Vanderwall - Mayor

ATTEST:
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Tonya Kennedy – City Clerk