The City Council met in regular session on September 18, 2006 at 7:30 P.M. in the Council Chambers of City Hall.
Mayor Vanderwall presided:
Councilmembers present:
Brian Lorentz
Georgia DeHaas
Delbert Houger
James Zehner
Wes Lester
Bruce Walker
City employees present were Water Superintendent Curtiss, Chief Sedam, Attorney Albers and Clerk Kennedy.
The meeting was called to order and the minutes of the September 5th regular meeting were approved as presented by Councilwoman DeHaas, second by Councilman Lester. Motion carried by a unanimous vote of the Council present.
WATER PROJECT: Mike Curtiss stated that Bodiford is doing a good job overall and better on cleanup after it was brought to their attention that the cleanup was substandard. It was suggested that the Clerk contact AIC to see if the City could advertise the leftover 6” pipe in their newsletter. Mayor Vanderwall commended Mike and his crew for their efforts.
On motion by Councilman Walker, second by Councilman Lester to approve Bodiford’s pay request #11 in the amount of $207,554.91 pending approval by Gil Walker. Motion carried by a unanimous vote of the Council present.
SOUTH FLORENCE STREET OWNERSHIP AND AGREEMENT: Dennis Albers explained that he drafted an agreement and gave it to Wayne MacGregor to review. Russ Lindsley was also given a similar agreement for review. Albers had language in the agreement that said the City would pay to survey the east half of Florence. Mr. MacGregor added language on page three that stated a survey and legal description for the balance of the property that MacGregor would like to have annexed (approximately 21 acres) would also be paid for by the City. Councilman Lester stated that he didn’t have a problem with the agreement but he would like a firm number on the survey cost and would like to address Russ Lindsley’s property on Florence at the same time. Albers will talk to Daryl Mullinex and Hunter Edwards for an estimate on the survey and Mayor Vanderwall will visit with Mr. Lindsley on his agreement so discussion can occur at the next meeting.
BILLS: The bills (including Bodiford’s pay request #11) 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 $ 61,886.51
Street Fund $ 21,980.72
Library Fund $ 3,784.59
Recreation Fund $ 22,026.71
Snowhaven Fund $ 40.49
Medical Insurance Fund $ 12,232.00
Water Fund $251,338.52
Sewer Fund $ 17,898.07
Sanitation Fund $ 36,226.28
WALCO TONNAGE REPORT: Clerk Kennedy reported that the City has not received any tonnage reports from Walco since the quarter ending August 2005. Dorothy Walker was present to let the Council know that WALCO will submit all reports to the City for the October 2nd meeting.
PERSONNEL HANDBOOK CHANGE: Chief Sedam presented a handbook change to the Council for review and adoption, changing the procedure for a grievance hearing. Sedam received a recommendation from ICRMP and then forwarded the draft to the City’s conflict attorney, Joe Wright. Attorney Wright reviewed the changes and the revision was forwarded to the Council for acceptance. On motion by Councilman Walker, second by Councilman Lorentz to introduce the changes to the grievance hearing and to accept and make effective the change to the personnel handbook. Motion carried by a unanimous vote of the Council present.
MEETING CHANGE: On motion by Councilman Zehner, second by Councilman Lester to change the second meeting of October from the 16th of October to October 23rd. Motion carried by a unanimous vote of the Council present.
GRIEVANCE HEARING: On motion by Councilman Walker, second by Councilman Houger to set a grievance hearing for October 25th at 7:00 p.m. Motion carried by a unanimous vote of the Council present.
ITEMS TO NOTE: A public hearing for the vacation of a portion of E. South 10th Street will be held on October 2, 2006 at 7:30 p.m.
Mayor Vanderwall stated that discussion on the alley and 9th Street, within the South Addition will be discussed at the next meeting.
The meeting adjourned at 7:55 P.M.
_________________________________
Terry Vanderwall – Mayor
ATTEST:
_________________________
Tonya Kennedy – City Clerk
Monday, September 18, 2006
Tuesday, September 5, 2006
September 5, 2006 Regular Meeting
The City Council met in regular session on September 5, 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 Water Superintendent Curtiss, Chief Sedam, Attorney Albers and Clerk Kennedy.
The meeting was called to order and the minutes of the August 21st 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: At this time the public hearing was held for consideration of the proposed budget for the fiscal period October 1, 2006 – September 30, 2007. Mayor Vanderwall also asked for any comments on the approximate 6% increase in water and sewer rates and various increases to the swimming pool fees. The hearing also including amending the appropriation ordinance for the fiscal period October 1, 2005 – September 30, 2006 to allow for the under-budgeting of expenses from the water bond investments. Jeff Kutner asked a few questions for clarification and then the hearing was declared over and the following Ordinances read.
ORDINANCE NO. 804
(Ordinance No. 804 in its entirety on file in the City’s Ordinance File)
AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006, APPROPRIATING THE SUM OF $4,724,381.00 TO DEFRAY THE EXPENSES AND LIABILITIES OF THE CITY OF GRANGEVILLE FOR SAID FISCAL YEAR; AUTHORIZING A LEVY OF SUFFICIENT TAX UPON THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSES FOR WHICH SAID APPROPRIATIONS ARE MADE.
On motion by Councilman Lester, second by Councilman Lorentz 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. 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. 804 duly approved and adopted.
ORDINANCE NO. 805
(Ordinance No. 805 in its entirety on file in the City’s Ordinance File)
AN ORDINANCE OF THE CITY OF GRANGEVILLE PROVIDING FOR THE AMENDMENT OF SECTION 8-5-5 OF THE GRANGEVILLE MUNICIPAL CODE RELATING TO METER RATES; INCREASING METER RATES BY A SIX PERCENT (6%) RATE; REPEALING ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR ORDINANCE BECOMING EFFECTIVE UPON ITS PASSAGE, APPROVAL AND PUBLICATION.
On motion by Councilwoman DeHaas, second by Councilman Houger 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. 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. 805 duly approved and adopted.
ORDINANCE NO. 806
(Ordinance No. 806 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; CONTINUING THE DEFINITION OF THE USAGE RATE AS ESTABLISHED PURSUANT TO THE EARLIER DRAFT OF 8-5-3; PROVIDING FOR THE RETENTION OF THE REMAINDER OF SECTION 8-5-3; 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 Councilman Lester 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. 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. 806 duly approved and adopted.
RESOLUTION NO. 190
(Resolution No. 190 printed in its entirety on Page 241 in the Resolution Book)
The following resolution was introduced by Councilwoman DeHaas who moved for its adoption. Second by Councilman Zehner.
A resolution of the City of Grangeville increasing certain Swimming Pool Fees. That the City Council of the City of Grangeville hereby resolves.
A roll call vote was duly taken with the following results:
Councilman Zehner Yes
Councilman Lester Yes
Councilman Lorentz Yes
Councilman Lester Yes
Councilman Houger Yes
Councilwoman DeHaas Yes
The motion passed. Mayor Vanderwall then declared Resolution No. 190 duly approved and adopted.
ORDINANCE NO. 807
(Ordinance No. 807 in its entirety on file in the City’s Ordinance File)
AN ORDINANCE OF THE CITY OF GRANGEVILLE, IDAHO COUNTY, IDAHO, AMENDING ORDINANCE NO. 787, THE APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006; APPROPRIATING ADDITIONAL INVESTMENT MONIES OF THE CITY OF GRANGEVILLE, IDAHO, IN THE SUM OF $100,000.00; AND PROVIDING AN EFFECTIVE DATE.
On motion by Councilman Lester, 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. A roll call vote was duly taken with the following results:
Councilman Zehner Yes
Councilman Lester Yes
Councilman Lorentz Yes
Councilwoman DeHaas Yes
Councilman Walker Yes
Councilman Houger Yes
The motion passed. Mayor Vanderwall then declared Ordinance No. 807 duly approved and adopted.
VISITORS: Linda Fisher, 104 East South 9th Street, explained that she bought her property in December of 2001 which was Block B, lots 5 and 6. She then sold the east 31’ of lot 5 to Barb Duncan and Kathy Parsells who later sold it to Al and Eleanor Wagner. Linda stated that during settlement, she was told that the alley was vacated by the City. It was later, in spring of 2003, that she learned that the alley was vacated in Block A, not Block B. Linda also stated that the cottonwood tree and fence of Parsells is in the south half of the alley. Linda referred to the August 21st minutes which said that Kathy couldn’t trim her trees unless she had access to the alley. Linda stated she has watched Avista trim the cottonwood tree from Hall Street. Linda asks that she be treated as fairly as all of her neighbors and that the alley be vacated and the land revert to adjacent property owners. If the Council chooses not to vacate the alley, Linda would like Kathy to remove the cottonwood tree and the fence from the alley.
Kathy Parcells stated that during the sale of the property to Linda, it was never said the alley was vacated. Kathy stated that it is not impossible to trim the cottonwood tree, but she can’t get to the willow tree. Kathy does object to the front of the alley being vacated as it makes it difficult to get the oil tank filled. She is not willing, at her expenses, to cut down the tree or move the chain link fence.
Chris Wagner stated he didn’t mean to say that the boat would be parked in the storage shed, but meant it could be parked next to the shed.
Attorney Albers explained some different options to the Council. At the last meeting, Hunter Edwards said for $500.00 he could locate the alley for the City. The platted alley has been ignored for years so the Council could look at the historic use of where the alley is and then claim a prescriptive use as it has been used for an alley for at least 20 years. The City can find out where the alley is and then decide whether it should be vacated and how much property would go to the adjoining property owners. The City could also chose to do nothing and let the property owners fight it out.
Councilman Houger felt the City should have a survey done by Hunter Edwards. Councilwoman DeHaas felt the same way as Councilman Houger, but would like to see the alley where it is since it’s been there since early 1900s. She felt the City needed to be involved. The alley should be located on the ground where it should be according to the South Addition, with a pin placed on each side of the alley on Hall Street and on the Wagner fence to the east. Councilman Walker didn’t feel the citizens should have to pay for a personal neighborhood problem. Walker wanted everyone to understand that if the City pays for the survey then the problem stops there and the City is no longer involved. Jeff Kutner questioned as a taxpayer, why the citizens should have to pay for the survey when it’s not a city problem. If the City is worried about where the alley is, then he felt the City should only pay a quarter of the cost since there are three other people fighting about the location.
On motion by Councilman Houger, second by Councilwoman DeHaas to have a survey completed to establish the alley between 9th and 10th Streets, done at City’s expense for $500.00. Councilman Lester stated the survey price was good for Hunter Edwards. Motion carried, Councilman Zehner voting no.
FENCE IN THE RIGHT OF WAY: Charlie and Janis Scott, 111 East South 3rd Street, recently installed a new sidewalk, curb and gutter. They would like to build a 6’ chain link fence in the right of way, directly behind the sidewalk to gain as much front yard property as possible and to keep their animals in the yard. On motion by Councilman Walker, second by Councilman Lorentz to allow Charlie and Janis Scott to install the chain link fence as requested. Councilman Lester stated the other problem is with snow removal since there is nowhere to put the snow if the fence is right at the sidewalk, as the snow is not suppose to be shoveled into the street. Motion carried by a unanimous vote of the Council present.
Duane Parker, 331 South Florence submitted a written request to place a 4’ chain link fence at the curb, parallel to Florence Street. The Council felt if the fence was authorized, it would force people to walk in the street instead of in the right of way on the grass. On motion by Councilman Zehner, second by Councilman Lorentz to deny Duane Parker’s request to place the fence at the curb. Motion carried by a unanimous vote of the Council present. If he chooses, Mr. Parker can return to a future meeting with a different request.
COMMITTEE REPORTS: Chief of Police Sedam summarized the monthly report, reporting that the department responded to 176 calls for service. There were 128 cases written, 30 misdemeanor arrests, 1 felony arrests, 53 citations, 20 written warnings issued, 8 dogs and 2 cats impounded. The Police and Animal Control Report for August 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 August 2006 was presented and it was reported that the department repaired 25 leaks (88 year to date) and installed 0 new services.
WATER PROJECT UPDATE: Mike Sturdevant provided numbers representing the percentage of work completed as follows:
Footage of pipe = 83%
Hydrants = 92%
Customer services = 66%
Mike Sturdevant is projecting that the project will be finished by first week in November with last round of paving. By the end of this week, all of the streets east of Idaho Avenue should be paved. Bodiford’s quality of the work is good; it’s just that the schedule of work has been delayed. They are in rock right now which has slowed them up. They have two crews but only 1 rock hammer. The service installation is much better as they are doing the work themselves instead of subcontracting. The whole project has lagged because Bodiford didn’t devote enough resources on the project initially.
SWIMMING POOL SIGNAGE: Chief Sedam explained that the pool needs signs posted that will state no trespassing or do not enter, to allow the police to prosecute if someone enters the pool after hours. On motion by Councilman Walker, second by Councilman Lester to allow the City Clerk to order signs for the pool. Motion carried, Councilman Zehner voting no.
FOOTHILL INC. RENEWAL: The Foothill Inc. renewal will expire in November and they have asked for a renewal of the agreement. Attorney Albers drafted a renewal and a copy was submitted to the Council for review. Councilman Walker would like to see a liability clause in the renewal, to keep the system private and that the City would not be held liable if someone on the system would get sick. Attorney Albers will make changes for the next meeting.
HANDICAP RAMPS IN THE SETBACK: Clerk Kennedy explained that the City’s ordinance involving setbacks should be modified to allow handicap ramps to be built in the setback as long as they don’t create a site restriction. Kennedy had two building permit applicants for handicap ramps that were issued with the understanding that an agreement would need to be signed. Chief Sedam researched ADA requirements on the internet and found that the City should try to make reasonable modifications for citizens. On motion by Councilwoman DeHaas, second by Councilman Zehner to have Attorney Albers amend the ordinance on setback requirements to allow for handicap ramps. Motion carried by a unanimous vote of the Council present.
APPROVAL OF AGREEMENTS FOR HANDICAP RAMPS: On motion by Councilman Houger, second by Councilman Zehner to accept the agreements for Merland Bentley and LaVon Gotzinger at 323 East North 2nd and Christine Bruegeman at 415 North Idaho, to locate a handicap ramp in the setback. Motion carried by a unanimous vote of the Council present.
ITEMS TO NOTE: A public hearing for the vacation of that area on E. South 10th Street is at the October 2, 2006 meeting.
The meeting adjourned at 9:25 P.M.
_________________________________
Terry Vanderwall - Mayor
ATTEST:
_________________________
Tonya Kennedy – City Clerk
Mayor Vanderwall presided:
Councilmembers present:
Bruce Walker
Brian Lorentz
James Zehner
Del Houger
Wes Lester
Georgia DeHaas
City employees present were Water Superintendent Curtiss, Chief Sedam, Attorney Albers and Clerk Kennedy.
The meeting was called to order and the minutes of the August 21st 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: At this time the public hearing was held for consideration of the proposed budget for the fiscal period October 1, 2006 – September 30, 2007. Mayor Vanderwall also asked for any comments on the approximate 6% increase in water and sewer rates and various increases to the swimming pool fees. The hearing also including amending the appropriation ordinance for the fiscal period October 1, 2005 – September 30, 2006 to allow for the under-budgeting of expenses from the water bond investments. Jeff Kutner asked a few questions for clarification and then the hearing was declared over and the following Ordinances read.
ORDINANCE NO. 804
(Ordinance No. 804 in its entirety on file in the City’s Ordinance File)
AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006, APPROPRIATING THE SUM OF $4,724,381.00 TO DEFRAY THE EXPENSES AND LIABILITIES OF THE CITY OF GRANGEVILLE FOR SAID FISCAL YEAR; AUTHORIZING A LEVY OF SUFFICIENT TAX UPON THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSES FOR WHICH SAID APPROPRIATIONS ARE MADE.
On motion by Councilman Lester, second by Councilman Lorentz 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. 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. 804 duly approved and adopted.
ORDINANCE NO. 805
(Ordinance No. 805 in its entirety on file in the City’s Ordinance File)
AN ORDINANCE OF THE CITY OF GRANGEVILLE PROVIDING FOR THE AMENDMENT OF SECTION 8-5-5 OF THE GRANGEVILLE MUNICIPAL CODE RELATING TO METER RATES; INCREASING METER RATES BY A SIX PERCENT (6%) RATE; REPEALING ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR ORDINANCE BECOMING EFFECTIVE UPON ITS PASSAGE, APPROVAL AND PUBLICATION.
On motion by Councilwoman DeHaas, second by Councilman Houger 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. 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. 805 duly approved and adopted.
ORDINANCE NO. 806
(Ordinance No. 806 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; CONTINUING THE DEFINITION OF THE USAGE RATE AS ESTABLISHED PURSUANT TO THE EARLIER DRAFT OF 8-5-3; PROVIDING FOR THE RETENTION OF THE REMAINDER OF SECTION 8-5-3; 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 Councilman Lester 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. 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. 806 duly approved and adopted.
RESOLUTION NO. 190
(Resolution No. 190 printed in its entirety on Page 241 in the Resolution Book)
The following resolution was introduced by Councilwoman DeHaas who moved for its adoption. Second by Councilman Zehner.
A resolution of the City of Grangeville increasing certain Swimming Pool Fees. That the City Council of the City of Grangeville hereby resolves.
A roll call vote was duly taken with the following results:
Councilman Zehner Yes
Councilman Lester Yes
Councilman Lorentz Yes
Councilman Lester Yes
Councilman Houger Yes
Councilwoman DeHaas Yes
The motion passed. Mayor Vanderwall then declared Resolution No. 190 duly approved and adopted.
ORDINANCE NO. 807
(Ordinance No. 807 in its entirety on file in the City’s Ordinance File)
AN ORDINANCE OF THE CITY OF GRANGEVILLE, IDAHO COUNTY, IDAHO, AMENDING ORDINANCE NO. 787, THE APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006; APPROPRIATING ADDITIONAL INVESTMENT MONIES OF THE CITY OF GRANGEVILLE, IDAHO, IN THE SUM OF $100,000.00; AND PROVIDING AN EFFECTIVE DATE.
On motion by Councilman Lester, 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. A roll call vote was duly taken with the following results:
Councilman Zehner Yes
Councilman Lester Yes
Councilman Lorentz Yes
Councilwoman DeHaas Yes
Councilman Walker Yes
Councilman Houger Yes
The motion passed. Mayor Vanderwall then declared Ordinance No. 807 duly approved and adopted.
VISITORS: Linda Fisher, 104 East South 9th Street, explained that she bought her property in December of 2001 which was Block B, lots 5 and 6. She then sold the east 31’ of lot 5 to Barb Duncan and Kathy Parsells who later sold it to Al and Eleanor Wagner. Linda stated that during settlement, she was told that the alley was vacated by the City. It was later, in spring of 2003, that she learned that the alley was vacated in Block A, not Block B. Linda also stated that the cottonwood tree and fence of Parsells is in the south half of the alley. Linda referred to the August 21st minutes which said that Kathy couldn’t trim her trees unless she had access to the alley. Linda stated she has watched Avista trim the cottonwood tree from Hall Street. Linda asks that she be treated as fairly as all of her neighbors and that the alley be vacated and the land revert to adjacent property owners. If the Council chooses not to vacate the alley, Linda would like Kathy to remove the cottonwood tree and the fence from the alley.
Kathy Parcells stated that during the sale of the property to Linda, it was never said the alley was vacated. Kathy stated that it is not impossible to trim the cottonwood tree, but she can’t get to the willow tree. Kathy does object to the front of the alley being vacated as it makes it difficult to get the oil tank filled. She is not willing, at her expenses, to cut down the tree or move the chain link fence.
Chris Wagner stated he didn’t mean to say that the boat would be parked in the storage shed, but meant it could be parked next to the shed.
Attorney Albers explained some different options to the Council. At the last meeting, Hunter Edwards said for $500.00 he could locate the alley for the City. The platted alley has been ignored for years so the Council could look at the historic use of where the alley is and then claim a prescriptive use as it has been used for an alley for at least 20 years. The City can find out where the alley is and then decide whether it should be vacated and how much property would go to the adjoining property owners. The City could also chose to do nothing and let the property owners fight it out.
Councilman Houger felt the City should have a survey done by Hunter Edwards. Councilwoman DeHaas felt the same way as Councilman Houger, but would like to see the alley where it is since it’s been there since early 1900s. She felt the City needed to be involved. The alley should be located on the ground where it should be according to the South Addition, with a pin placed on each side of the alley on Hall Street and on the Wagner fence to the east. Councilman Walker didn’t feel the citizens should have to pay for a personal neighborhood problem. Walker wanted everyone to understand that if the City pays for the survey then the problem stops there and the City is no longer involved. Jeff Kutner questioned as a taxpayer, why the citizens should have to pay for the survey when it’s not a city problem. If the City is worried about where the alley is, then he felt the City should only pay a quarter of the cost since there are three other people fighting about the location.
On motion by Councilman Houger, second by Councilwoman DeHaas to have a survey completed to establish the alley between 9th and 10th Streets, done at City’s expense for $500.00. Councilman Lester stated the survey price was good for Hunter Edwards. Motion carried, Councilman Zehner voting no.
FENCE IN THE RIGHT OF WAY: Charlie and Janis Scott, 111 East South 3rd Street, recently installed a new sidewalk, curb and gutter. They would like to build a 6’ chain link fence in the right of way, directly behind the sidewalk to gain as much front yard property as possible and to keep their animals in the yard. On motion by Councilman Walker, second by Councilman Lorentz to allow Charlie and Janis Scott to install the chain link fence as requested. Councilman Lester stated the other problem is with snow removal since there is nowhere to put the snow if the fence is right at the sidewalk, as the snow is not suppose to be shoveled into the street. Motion carried by a unanimous vote of the Council present.
Duane Parker, 331 South Florence submitted a written request to place a 4’ chain link fence at the curb, parallel to Florence Street. The Council felt if the fence was authorized, it would force people to walk in the street instead of in the right of way on the grass. On motion by Councilman Zehner, second by Councilman Lorentz to deny Duane Parker’s request to place the fence at the curb. Motion carried by a unanimous vote of the Council present. If he chooses, Mr. Parker can return to a future meeting with a different request.
COMMITTEE REPORTS: Chief of Police Sedam summarized the monthly report, reporting that the department responded to 176 calls for service. There were 128 cases written, 30 misdemeanor arrests, 1 felony arrests, 53 citations, 20 written warnings issued, 8 dogs and 2 cats impounded. The Police and Animal Control Report for August 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 August 2006 was presented and it was reported that the department repaired 25 leaks (88 year to date) and installed 0 new services.
WATER PROJECT UPDATE: Mike Sturdevant provided numbers representing the percentage of work completed as follows:
Footage of pipe = 83%
Hydrants = 92%
Customer services = 66%
Mike Sturdevant is projecting that the project will be finished by first week in November with last round of paving. By the end of this week, all of the streets east of Idaho Avenue should be paved. Bodiford’s quality of the work is good; it’s just that the schedule of work has been delayed. They are in rock right now which has slowed them up. They have two crews but only 1 rock hammer. The service installation is much better as they are doing the work themselves instead of subcontracting. The whole project has lagged because Bodiford didn’t devote enough resources on the project initially.
SWIMMING POOL SIGNAGE: Chief Sedam explained that the pool needs signs posted that will state no trespassing or do not enter, to allow the police to prosecute if someone enters the pool after hours. On motion by Councilman Walker, second by Councilman Lester to allow the City Clerk to order signs for the pool. Motion carried, Councilman Zehner voting no.
FOOTHILL INC. RENEWAL: The Foothill Inc. renewal will expire in November and they have asked for a renewal of the agreement. Attorney Albers drafted a renewal and a copy was submitted to the Council for review. Councilman Walker would like to see a liability clause in the renewal, to keep the system private and that the City would not be held liable if someone on the system would get sick. Attorney Albers will make changes for the next meeting.
HANDICAP RAMPS IN THE SETBACK: Clerk Kennedy explained that the City’s ordinance involving setbacks should be modified to allow handicap ramps to be built in the setback as long as they don’t create a site restriction. Kennedy had two building permit applicants for handicap ramps that were issued with the understanding that an agreement would need to be signed. Chief Sedam researched ADA requirements on the internet and found that the City should try to make reasonable modifications for citizens. On motion by Councilwoman DeHaas, second by Councilman Zehner to have Attorney Albers amend the ordinance on setback requirements to allow for handicap ramps. Motion carried by a unanimous vote of the Council present.
APPROVAL OF AGREEMENTS FOR HANDICAP RAMPS: On motion by Councilman Houger, second by Councilman Zehner to accept the agreements for Merland Bentley and LaVon Gotzinger at 323 East North 2nd and Christine Bruegeman at 415 North Idaho, to locate a handicap ramp in the setback. Motion carried by a unanimous vote of the Council present.
ITEMS TO NOTE: A public hearing for the vacation of that area on E. South 10th Street is at the October 2, 2006 meeting.
The meeting adjourned at 9:25 P.M.
_________________________________
Terry Vanderwall - Mayor
ATTEST:
_________________________
Tonya Kennedy – City Clerk
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