February 17, 2004 Regular Meeting

The City Council met in regular session on February 17, 2004 at 7:30 P.M. in the Council Chambers of City Hall.

Mayor Vanderwall presided.

Councilmembers present:
Bruce Walker
Mike McDonald
Wes Lester
James Zehner

Councilmembers absent:
Jane Kissinger
Georgia DeHaas

City employees present were Public Works Director Gortsema, City Attorney Albers and Clerk Kennedy.

The meeting was called to order and the minutes of the February 2nd regular meeting were approved as presented by Councilman Lester second by Councilman McDonald. Motion carried by a unanimous vote of the Council present.

VISITORS: Juanita Tinsman, co-chairperson for the Skatepark Committee attended the meeting to inform the Council of the goals of the Committee for this year. Some of the new equipment has bubbles; however Ryan Neptune will replace it as soon as the weather is fair. The Committee is fundraising currently with Sees Candy and hopes to bring in approximately $1600.00. The youth are also volunteering time at events for the Merchants Committee. The Committee hopes to proceed with Phase III which is to purchase a Combo Box for approximately $6300.00. They hope to be able to place an order in mid March so the equipment is installed before school gets out for the summer. The Committee plans to leave $2000.00 in the skatepark account for maintenance and use the donations and other fundraisers to pay for the equipment. The Committee also hopes to have a one year celebration in July.

NATIONAL GUARD: The National Guard did a presentation on upcoming activities to Grangeville. The 116th Engineer Battalion deploys to Grangeville to train in Stability Operation and Support Operation. April 26th-29th approximately 100 people will be in Grangeville staying in hotels. Then April 29th-May 2nd approximately 450 people will be receiving training with 100 people remaining for cleanup May 2nd – May 4th. The National Guard asked for permission to use the Rodeo Grounds, Meadow Street and the Archery Range from April 29th – May 2nd. On motion by Councilman Walker, second by Councilman McDonald to approve the use of the Rodeo Grounds, Meadow Street and the Archery Range from April 29th – May 2nd for National Guard training. 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 130 calls for service. There were 106 cases written, 29 arrests, 74 citations and 14 written warnings issued. The Police and Animal Control report for January 2004 was accepted on motion by Councilman McDonald, second by Councilman Lester. Motion carried by a unanimous vote of the Council present.

The Snowhaven minutes were accepted on motion by Councilman Lester, second by Councilman Zehner. Motion carried by a unanimous vote of the Council present. Councilman McDonald invited those that would like to attend, to a Public Meeting at the Elks on February 18th for input on how to fund the tubing hill.

B & B BARGAIN SIDEWALK: When talking to Mayor Vanderwall, Mr. Perry asked to have until the end of the month to clear his sidewalk. He would like to be able to clear 6 feet of his sidewalk but use the remaining 3 feet to display items. Councilman Walker thought the City should wait for the next meeting since he asked to be given until the end of the month. He doesn’t know what the City is getting into with everyone else, if the City allows Mr. Perry to keep items out 24 hours a day. Councilman Lester feels that Mr. Perry could put items out during the day, but that they should be taken in at night. If he wants to leave items out all of the time, then a formal decision needs to be made by the Council. Attorney Albers stated that decision would then result in an agreement similar to a temporary fence agreement. Councilman Lester also asked Attorney Albers if the City allowed him to leave things out and then something fell over and hurt someone, would the City be liable. Attorney Albers felt if that situation happened, the City would probably be sued along with Mr. Perry.

LETTER OF RECOMMENDATION: Public Works Director Gortsema looked at a copy of the grant application submitted by Idaho County Soil & Water Conservation District. The City had previously agreed to submit a letter of support. After reading the application, Gortsema explained to the Council that it refers to salmonid spawning in Threemile Creek. If the City writes a letter of support, he would recommend that the City take exception to the remark on salmonid spawning and attach a copy of the study the City had completed. On motion by Councilman McDonald, second by Councilman Walker, to direct Gortsema to draft a support letter, taking exception to the paragraph that refers to salmonid spawning. Motion carried by a unanimous vote of the Council present.

BILLS: The bills 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 $56,183.68
General Fund $45,193.39
Street Fund $32,432.61
Library Fund $ 3,946.26
Recreation Fund $ 635.94
Snowhaven Fund $12,344.69
Medical Insurance Fund $12,051.26
Water Fund $45,663.27
Sewer Fund $21,967.63
Sanitation Fund $34,212.52
LID#3 $55,800.00

SNOWHAVEN TREE HEALTH HARVEST: Councilman McDonald informed the Council that some of the trees at Snowhaven need to be removed due to mistletoe, dead tops or just being in the way. It is estimated approximately two truckloads would be harvested. The trees will be marked and then the board will proceed.

RESOLUTION NO. 179

(Resolution No. 179 printed in its entirety on Page 225 in the Resolution Book)

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

The City Council of the City of Grangeville hereby resolves: Residential Anti-Displacement and Relocation Assistance Plan (Under Section 104(d) of the Housing and Community Development Act of 1974, as amended).

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

Councilman Walker - Yes
Councilman McDonald - Yes
Councilman Lester - Yes
Councilman Zehner - Yes

The motion passed. Mayor Vanderwall then declared Resolution No. 179 duly approved and adopted.

WATER DEPOSITS: Since the water rates have increased $15.00 per month, Clerk Kennedy provided information to the Council on the possibility of increasing the water deposit required for renters. Attorney Albers reported that in Kamiah the landlord receives and is responsible for the bill. Clerk Kennedy was asked to contact Kamiah to receive more information on their process. During discussion, it was stated that increasing the deposit to $150.00 would be very hard on renters.

ORDINANCE NO. 767

(Ordinance No. 767 in its entirety on file in the City’s Ordinance File)

An Ordinance of the City of Grangeville providing for the amendment of Section 10-3-3 of the municipal code of the City of Grangeville to provide clarification that said section was intended
to relate to aerials and antennas affixed to the tops of buildings within the City; providing for the repeal of Ordinances or parts of Ordinances in conflict herewith; providing for the Ordinance becoming effective upon its passage, approval and publication.

Councilman Lester made a motion, second by Councilman McDonald that the first reading be approved, the rules be suspended, the second and third reading 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 McDonald - Yes
Councilman Walker - Yes

The motion passed. Mayor Vanderwall then declared Ordinance No. 767 duly approved and adopted.

When Clerk Kennedy has the ordinance codified, a letter of explanation should be sent to Sterling explaining it should be referred to as aerials and antennas and not building height.

ORDINANCE NO. 768

(Ordinance No. 768 in its entirety on file in the City’s Ordinance File)

An Ordinance providing for the amendment of Section 10-4A-4-D(1)(a); providing for a change in the number of square feet allowed in a detached residential storage building; providing a change from the measurement scheme from interior floor area to exterior square footage; providing for the retention of the balance of Section 10-4A-4; providing for the repeal of Ordinances or parts of Ordinances in conflict herewith; providing for the Ordinance becoming effective upon its passage, approval and publication.

Councilman McDonald made a motion, second by Councilman Lester that the first reading be approved and the Ordinance pass to the second reading. A roll call vote was duly taken with the following results:

Councilman Zehner - Yes
Councilman Lester - Yes
Councilman McDonald - Yes
Councilman Walker - Yes

The motion passed.

Councilman Lester made a motion, second by Councilman Zehner that the rules be suspended, the second and third reading 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 McDonald - Yes
Councilman Walker - Yes

The motion passed. Mayor Vanderwall then declared Ordinance No. 768 duly approved and adopted.

ORDINANCE NO. 769

(Ordinance No. 769 in its entirety on file in the City’s Ordinance File)

An Ordinance amending Section 10-4A-3 of the Grangeville Municipal code by adding a provision relating to the maximum height of commercial buildings; providing the remainder of the building height provision to remain in tact within residence Zones A and B; and providing no height limitations in the Industrial zone; providing for the Ordinance becoming effective upon its passage, approval and publication.

Councilman McDonald made a motion, second by Councilman Lester that the first reading be approved and the Ordinance pass to the second reading. A roll call vote was duly taken with the following results:

Councilman Walker - Yes
Councilman McDonald - Yes
Councilman Lester - Yes
Councilman Zehner - Yes

Councilman Lester made a motion, second by Councilman Zehner that the rules be suspended, the second and third reading be waived and the Ordinance be approved and adopted. A roll call vote was duly taken with the following results:

Councilman Walker - Yes
Councilman McDonald - Yes
Councilman Lester - Yes
Councilman Zehner - Yes

The motion passed. Mayor Vanderwall then declared Ordinance No. 769 duly approved and adopted.

RESOLUTION NO. 178

(Resolution No. 178 printed in its entirety on Page 224 in the Resolution Book)

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

A Resolution of the City of Grangeville providing for an increase in certain Snowhaven fees.

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

Councilman Zehner - Yes
Councilman Lester - Yes
Councilman McDonald - Yes
Councilman Walker - Yes

The motion passed. Mayor Vanderwall then declared Resolution No. 178 duly approved and adopted.

JERRY CERQUETTINI: Public Works Director Gortsema informed the Council that Sam Manifold had resigned with his last day February 27th. Gortsema would like to recommend hiring Jerry Cerquettini. Jerry worked for the City in 1996 and 1997 before moving to California to work in the family business. He was a good employee and he’s essentially trained. Councilman Walker made a motion, second by Councilman Lester to accept the recommendation to hire Jerry Cerquettini. Motion carried by a unanimous vote of the Council present.

Mayor Vanderwall asked that a letter be sent to Sam Manifold wishing him well.

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

Councilman Zehner - Yes
Councilman Lester - Yes
Councilman McDonald - Yes
Councilman Walker - Yes

Motion passed.

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

Councilman Zehner - Yes
Councilman Lester - Yes
Councilman McDonald - Yes
Councilman Walker - Yes

Motion passed.

Councilman Walker made a motion, second by Councilman McDonald to allow Attorney Albers to negotiate on the City’s behalf on the Melinda Fischer Case. Motion carried by a unanimous vote of the Council present.

On motion by Councilman Walker, second by Councilman Lester to have Chief Sedam file a small claims suit against Monte Matthews for a prorated portion of the signed contract, based on the time served as determined by Chief Sedam. Motion carried by a unanimous vote of the Council present.

ITEMS TO NOTE: A draft of the Cross Connection Ordinance was given to the Council to review and return comments to Public Works Director Gortsema.

The meeting adjourned at 9:35 P.M.
_____________________
Terry Vanderwall - Mayor
ATTEST:



_________________________
Tonya Kennedy – City Clerk