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