Monday, October 23, 2006

October 23, 2006 Regular Meeting

The City Council met in regular session on October 23, 2006 at 7:30 P.M. in the Council Chambers of City Hall.

President Walker presided:

Councilmembers present:

Brian Lorentz
Georgia DeHaas
Delbert Houger
James Zehner
Wes Lester


Mayor Vanderwall absent

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 2nd regular meeting were approved as presented by Councilwoman DeHaas, second by Councilman Lester. Motion carried by a unanimous vote of the Council present.

VISITORS: Ray Anderson of Anderson Aeromotive was present to request a sidewalk waiver at his location at 824 North D Street. The only street frontage they have is along Pine Street as they have a private access road off D Street. Mr. Anderson didn’t feel it was necessary to have sidewalks and didn’t see any value to the City. On motion by Councilman Zehner, second by Councilman Lorentz to grant Ray Anderson of Anderson Aeromotive an indefinite sidewalk waiver on Pine Street. Motion carried by a unanimous vote of the Council present.

Melissa Malone, 1013 North State, is concerned about the safety of approximately 12 kids that get on the bus stop on North State. She would like to have “school bus stop ahead” signs placed prior to the bus stop and the possibility of an additional 25 mph speed limit sign heading North on State Street. Melissa understands that the cost of the school bus stop ahead signs is her responsibility and she is willing to pay for them. On motion by Councilman Lester, second by Councilman Houger to grant Melissa Malone permission to place school bus stop ahead signs (or another appropriate wording) on North State, at her cost, with the City ordering and installing the signs.

Councilman Lorentz suggested some additional patrols by the police department, rather than placing another speed limit sign on North State. Chief Sedam explained that he has done that additional patrols there but they can do more. He will try to get the speed trailer from the County and set it up.

Mark Green submitted a letter to the Council outlining his plan for sewer to the Greenco property east of the Grangeville Salmon Road and south of Highway 13 and requesting confirmation that he could connect to City services. Mark needed this information for the bid he submitted for the new Forest Service Building. Councilwoman DeHaas had the request clarified by asking Mark if technically a letter stating that the City would allow connection to City services would be adequate. On motion by Councilman Lester, second by Councilman Zehner declaring an intention on the part of the council to provide water and sewer services to the Green property line east of the Grangeville salmon road and south of the highway 13, contingent upon annexation, and at the owner’s expense. Motion carried by a unanimous vote of the Council present. Councilman Lester asked Mark to consider possibly extending the area of impact line beyond the City limit line if he ends up annexing.

WATER PROJECT: Public Works Director Gortsema explained that Bodiford started laying main line pipe today and continues to work on the service lines in the high zone area. They have no intention of requesting a winter shut down and they will stay until they get it done. They have a commitment from POE to stay here as long as the plant can operate. If everything isn’t paved, they will put cold mix in this fall and then come back in the spring to replace with hot mix. The system should be finished with an all weather surface before Bodiford leaves.

On motion by Councilman Lester, second by Councilman Zehner to approve Bodiford’s pay request #12 and pay request #13 in the amount of $128,870.64 and $60,466.15 respectively. Motion carried by a unanimous vote of the Council present.

COMMITTEE REPORTS: The Planning and Zoning Minutes from October 3, 2006 were accepted on motion by Councilwoman DeHaas, second by Councilman Lorentz. Motion carried by a unanimous vote of the Council present.

The Council reviewed the application and recommendation for the variance application submitted by Mondo Leon, 516 West South 1st Street. Mondo’s request was to build a canopy over the front door/steps that would encroach into the front yard setback by approximately six feet. On motion by Councilman Lester, second by Councilman Houger to grant Mondo Leon a variance to place a canopy over his front porch and steps that would encroach into the front yard setback approximately six feet. Motion carried by a unanimous vote of the Council present.

The Council reviewed the application and recommendation for the conditional use application submitted by Yolanda Stout, 223 Park Street. Yolanda was present to explain that when they moved in March, they had 5 dogs and didn’t realize that there was a limit for the City since she saw horses and roosters in town. She has a rotweiller 14 years old, a black lab 3 years old, and three Chihuahuas, ages 8 years, 1 year and 6 months. Yolanda talked to the neighbors when she delivered the notice of hearing and one neighbor said she didn’t care but then wrote a letter against keeping the animals. Councilman Walker stated that the planning and zoning minutes reflected both positive and negative comments. Chief Sedam stated that there have been barking dog complaints in the neighborhood, but they have not pinned down the Stouts as being the neighbor with barking dogs. Councilman Lester doesn’t agree with having five dogs in town, but also understands how you get attached to them. On motion by Councilman Lester, second by Councilman Zehner to accept the Planning and Zoning recommendation for the Stouts at 223 Park Street for a conditional use to have five dogs, using the same wording as P & Z minutes. Councilwoman DeHaas did not want the motion to reflect anything about a kennel license. Motion carried, Councilwoman DeHaas and Councilman Lorentz voting no. Councilman Walker asked if the dogs can be tracked through licensing and yes they can.

On motion by Councilman Zehner, second by Councilman Lester to accept the Snowhaven Board Minutes of September 13, 2006. Motion carried by a unanimous vote of the Council present.

On motion by Councilman Lester, second by Councilman Houger to accept the Library Board Minutes of September 28, 2006. Motion carried by a unanimous vote of the Council present.

FOOTHILLS INC. RENEWAL: Attorney Albers explained that the original Foothills Inc. lease was a 25 year agreement between Foothills Inc. and the City that gave a right of renewal. The agreement had unusual language that said if Foothills Inc. couldn’t get insurance then they didn’t have to. Albers recommended to Bruce Schoo to check on insurance and see if it is available and then check with the users to see if they will participate in the cost. When he has gathered his information, then he should contact the water and sewer committee who will make a recommendation for the City Council. On motion by Councilman Lester, second by Councilman Houger to extend the Foothills Inc. contact until December 4th. Motion carried by a unanimous vote of the Council present.

HANDICAP RAMP ORDINANCE: Councilwoman DeHaas would like to see the ordinance read that the only time a ramp would need to be removed would be if the owner wants to take it out. Councilman Houger thinks people may buy the house wanting the ramp. If the ramp is approved and has a building permit, why remove it? Councilman Lorentz felt it was foolish to make someone tear out a ramp if it was built correctly. Attorney Albers will have a new draft o the ordinance at the next meeting.

BILLS: The bills (including Bodiford’s pay request #12) 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 $ 48,147.79
General Fund $ 70,982.01
Street Fund $ 28,810.64
Library Fund $ 4,674.25
Recreation Fund $ 9,998.68
Snowhaven Fund $ 246.06
Medical Insurance Fund $ 15,192.12
Water Fund $390,815.94
Sewer Fund $ 46,232.11
Sanitation Fund $ 39,625.88

UTILITY WRITE OFFS: On motion by Councilman Lester, second by Councilman Lorentz to approve the write-off of non-collectible accounts in the amount of $1,535.35. Motion carried by a unanimous vote of the Council present.

SIDEWALK WAIVER: Clerk Kennedy explained that Ted Lindsley, 327 North Meadow is constructing an additional building with a valuation over $5,000.00, which triggers the sidewalk ordinance. The Council needed to review his sidewalk waiver initially granted November 18, 2002. On motion by Councilman Lorentz, second by Councilman Lester to extend Ted Lindsley’s sidewalk waiver on Nezperce Street. Motion carried by a unanimous vote of the Council present. It was noted that Ted doesn’t have sidewalks to the North of his driveway on Meadow. If he doesn’t want to put sidewalks in, then he would need to submit a waiver request for the remainder of Meadow Street.

DONATION: On motion by Councilman Lester, second by Councilman Zehner to donate a Season Family Pool pass to the Festival of Trees as requested. Motion carried by a unanimous vote of the Council present.

SUBDIVISION PROCESS: Public Works Director Gortsema researched some information on how the City of Lewiston processes subdivision plats and found out that they have three kinds of plats: administrative, preliminary and final, with fees assigned to each. Gortsema felt some changes needed to be made to the City’s subdivision code.

On the question of what to charge for the amended plat of the Kaschmitter Subdivision, Attorney Albers felt it was appropriate, based on the amount of time to review to waive the plat fees but have him pay the actual costs of annexation and publishing of the hearings. On motion by Councilman Lester, second by Councilman Zehner to have Camas Gravel pay for the actual fees incurred on the review of the amended Kaschmitter Subdivision plat for Potlatch Credit Union. Motion carried by a unanimous vote of the Council present. Councilman Lester felt the City needs to have a fee schedule created for future use.

ROAD SIGN MANAGEMENT PLAN: Public Works Director Gortsema put into writing what the City does with signs if they are destroyed, missing or damaged. There is grant money available through LHTAC for signs and sign related hardware and also in a category which isn’t always used. In order to apply for the grant, Cities get points if they have a Sign Management Plan. Councilman Lorentz made a motion, second by Councilman Lester to adopt the Road Sign Management Plan as presented by Gortsema. Motion carried by a unanimous vote of the Council present.

SURPLUS: On motion by Councilman Zehner, second by Councilman Lester to declare various old water meters surplus. Motion carried by a unanimous vote of the Council present.

RESIGNATION: On motion by Councilman Houger, second by Councilwoman DeHaas to accept the letter of resignation submitted by Kevin Duden. Motion carried by a unanimous vote of the Council present.

EXECUTIVE SESSION: On motion by Councilman Zehner, second by Councilman Lester to go into Executive Session according to Section 67-2345 (b) personnel. A roll call vote was duly taken with the following results:

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

Motion passed.

A motion was made by Councilman Lester, second by Councilman Houger to go out of Executive Session. A roll call vote was duly taken with the following results:

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

Motion passed.

ITEMS TO NOTE: The Walco Tonnage Report for September 2006 was submitted to the Council.

The meeting adjourned at 9:25 P.M.

_________________________________
Bruce Walker – President
ATTEST:


_________________________
Tonya Kennedy – City Clerk

Monday, October 2, 2006

October 2, 2006 Regular Meeting

The City Council met in regular session on October 2, 2006 at 7:30 P.M. in the Council Chambers of City Hall.

Mayor Vanderwall presided:

Councilmembers present:

Bruce Walker
Brian Lorentz
James Zehner
Del Houger
Wes Lester
Georgia DeHaas

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 September 18th regular meeting was approved as presented by Councilwoman DeHaas, second by Councilman Lester. Motion carried by a unanimous vote of the Council present.

PUBLIC HEARING: Attorney Albers explained that during some research, the Clerk found Ordinance #167 which was passed on June 9, 1926 vacating 10th Street. At that time, the owner owned both sides of 10th Street, but the City never deeded the property back to the owner. The Ordinance was published in the free press. Historically, the road has been used to access the houses on 10th Street and now to access the new Williams Subdivision. To fix this error, the City will follow through with the agreement that the City made with Kathy Parsells when she deeded 14’ on the North side of 10th Street. The agreement stated that the City would hold a hearing and vacate a portion of 10th Street if possible. In 1974 14’ was taken off Madison and then given to the property owners on 10th Street on the north side of their yard. The new agreement will then vacate an additional 16’ which makes a new north line of the yard which is about 4’ south of the pavement of 10th Street, which allows for a right of way area for future sidewalks. The City would keep a 44’ right of way for 10th Street. This would allow the street to line up as built. Attorney Albers will talk to Hunter Edwards to make sure the description is accurate before creating the amended ordinance. The City will amend Ordinance #167 so the City would end up keeping the 44’ of right of way.

Dorothy Walker lives on South Hall and Madison and stated that Madison Street is 16’ off. The Walker property line is actually 16’ into Madison. Anita Keller told her where the 16’ is off. Dorothy feels the starting point is wrong on Madison, so if the City is also off 16’ then the City is starting from the wrong point.

Jeff Kutner asked how the City could do anything if the street is already vacated. Attorney Albers explained that the City has the ability to claim a prescriptive right to the street. The title of the street is still with the City since a deed wasn’t ever done.

Linda Fisher asked what the dimensions of the property would then be. Public Works Director Gortsema stated they should be about 116’.

On motion by Councilwoman DeHaas, second by Councilman Lorentz to modify Ordinance #167 to correct the problem on 10th Street as described by Attorney Albers. Motion carried.

VISITORS: Sue Kutner of The Gallery, asked for permission to close North Street between Hall and State Street for a wedding reception on November 18th. She would like to set out tents for the reception if the weather is nice. On motion by Councilman Zehner, second by Councilman Lester to grant Sue Kutner permission to close North Street from 4:00 p.m. to 10:00 p.m. for the area requested. Motion carried by a unanimous vote of the Council present.

COMMITTEE REPORTS: Chief Sedam stated that he had an officer leaving and would like to advertise for a new officer. Chief of Police Sedam summarized the monthly report, reporting that the department responded to 140 calls for service. There were 103 cases written, 33 misdemeanor arrests, 1 felony arrests, 69 citations, 9 written warnings issued, 6 dogs and 6 cats impounded. The Police and Animal Control Report for September 2006 was accepted and the Chief was authorized to advertise for a new officer, on motion by Councilman Lester, second by Councilman Houger. Motion carried by a unanimous vote of the Council present.

The Water Leak report for September 2006 was presented and it was reported that the department repaired 11 leaks (99 year to date) and installed 2 new services.

WATER PROJECT UPDATE: Mike Sturdevant provided numbers representing the percentage of work completed as follows:

Footage of pipe = 94%
Hydrants = 101%
Customer services = 66%

Public Works Director Gortsema explained that Bodiford has averaged longer service lines than expected and is asking for some reimbursement. Based upon projections from Mike Sturdevant, the City should be able to complete the entire project under budget, which includes the extra work from last winter. The materials on hand not used in the project will be inventory that can be sold at the end of the project.

Clerk Kennedy reported that Bodiford’s pay request #11 that was approved last meeting was reduced by $4.79 prior to paying.

FOOTHILL INC. RENEWAL: A revised copy of the renewal was given to the Council. The hold harmless section doesn’t have a lot of teeth since Foothills Inc. doesn’t have much for assets. The original agreement had a right of renewal and Attorney Albers felt the individuals could be asked if they would like to participate in the agreement. During the original agreement insurance was hard to come by, so a solution may be to have Foothills Inc have insurance. Public Works Director Gortsema suggested that maybe the water should only be used for non-potable uses. Albers thought Marilyn Schoo stated that 7-8 families are using the water for drinking. Gortsema stated that because it’s a spring, it would never pass a water sample test. Attorney Albers will do some additional checking with Schoo’s. Clerk Kennedy was going to put a call into the City’s insurance.

HANDICAP ORDINANCE: Attorney Albers ready to first reading of the following ordinance.

ORDINANCE NO. 808

(Ordinance No. 808 in its entirety on file in the City’s Ordinance File)

AN ORDINANCE OF THE CITY OF GRANGEVILLE PROVIDING FOR THE AMENDMENT OF SECTION 10-3-4 OF THE MUNICIPAL CODE OF THE CITY OF GRANGEVILLE RELATING TO PROJECTIONS INTO REQUIRED YARDS; INCLUDING WITHIN THE DEFINITION OF ALLOWED PROJECTIONS REASONABLY NECESSARY HANDICAP RAMPS TO ACCOMMODATE PERSONS WITH DISABILITIES TO BE GRANTED WITH PERMISSION OF THE COUNCIL PROVIDED THEY DO NOT CONSTITUTE SIGHT DISTANCE TRAFFIC VISIBILITY PROBLEMS OF ANY KIND; PROVIDING FOR THE CONTINUANCE OF THE HANDICAP RAMP SO LONG AS ANY OCCUPANTS OF PARTICULAR PROPERTIES ARE IN NEED OF SAID RAMP ACCOMMODATIONS; PROVIDING FOR THE REPEAL OF ORDINANCES OR PART OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR THE ORDINANCE BECOMING EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION.

Clerk Kennedy asked whether it was necessary to have the ramps removed when no longer needed by the applicant for which it was built. It would be a booking burden to try to keep track of a specific person and whether they moved or died and then to follow through with having the ramp removed. Councilman Walker felt it was good to limit the ramp to the specific applicant and then have it removed when no longer need. Councilwoman DeHaas felt that if the ramp was approved to be installed, then it should be allowed indefinitely. It will be discussed again at the next meeting.

FLORENCE STREET AGREEMENT: Discussion was postponed until the next meeting.

ITD AND HIGHWAY 95 CORRIDOR STUDY: Councilman Walker explained that a number of citizens have been attending the corridor study meetings. At the last meeting, Jeff Kutner pinned down ITD asking if the meetings are for a corridor study or a by-pass study? ITD confirmed that 80% of the traffic on Highway 95 is destination traffic. Jim Carpenter made a comment that maybe a cost analysis needed to be done and a bypass wouldn’t be needed. A couple weeks later, ITD was quoted in the Tribune saying that a bypass might be put on the 20 year plan, which could move it up to a 10 year or 5 year plan. Councilman Walker felt a letter needed to be sent to ITD demanding a written statement from them on their intentions of a bypass on Highway 95. On motion by Councilman Zehner, second by Councilman Lester to send a letter to ITD to request what their plan is; whether it is a bypass or corridor study. Jeff Kutner would like them to reconcile the difference between the conversation to the steering committee and what was said to the commissioners. Motion carried by a unanimous vote of the Council present.

SURPLUS: On motion by Councilman Lester, second by Councilman Lorentz to approve the surplus of the Police Department’s HP Deskjet 960C printer. Motion carried by a unanimous vote of the Council present.

WALCO TONNAGE REPORTS: The Council received a copy of the Walco tonnage report for August 2005 through September 2006. Councilman Lester stated that he felt the citizens of Grangeville appreciate the yard waste pickup.

CLERKS CONFERENCE: Clerk Kennedy explained that the City will need to have a Citywide Retention Policy adopted by January 1, 2007. She will be working with the other department heads to have a plan in place. During the conference Kennedy was also elected as the 2nd Director for District II and will serve on the ICCTFOA board.

The meeting adjourned at 9:25 P.M.


_________________________________
Terry Vanderwall - Mayor
ATTEST:


_________________________
Tonya Kennedy – City Clerk

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