Monday, March 15, 2004

March 15, 2004 Regular Meeting

The City Council met in regular session on March 15, 2004 at 7:30 P.M. in the Council Chambers of City Hall.

Mayor Vanderwall presided:

Councilmembers present:
Mike McDonald
Wes Lester
Bruce Walker
James Zehner
Jane Kissinger
Georgia DeHaas

City employees present were Water Superintendent Curtiss, City Attorney Albers and Clerk Kennedy.

The meeting was called to order and the minutes of the March 1st regular meeting were approved as presented by Councilwoman Kissinger second by Councilwoman DeHaas. Motion carried by a unanimous vote of the Council present.

VISITORS SIDEWALK WAIVER: Tony Sabatino explained that he is building an addition at 514 North B Street. He plans to put sidewalks in on B Street but would like to request a waiver on 5th Street. On motion by Councilman Walker, second by Councilman Lester to approve an indefinite sidewalk waiver on 5th Street for Tony Sabatino. Motion carried by a unanimous vote of the Council present.

FIRE DEPARTMENT AND MUTUAL AID AGREEMENT WITH COTTONWOOD: Fire Chief Williams has been in contact with Cottonwood Fire Chief Behler over the years about a possible mutual aid agreement. Chief Williams feels that the agreement is nice and could help to promote community good will. If the City is in favor, he would recommend sending only 1 vehicle and at the most 4 firefighters, depending if we have enough firefighters available that day. Chief Williams gave Attorney Albers a copy of the generic agreement he had brought with him. On motion by Councilwoman Kissinger, second by Councilman Walker to have Attorney Albers draw up an agreement for the City’s review. Motion carried by a unanimous vote of the Council present.

Chief Williams also gave a brief fire report for 2003, stating the department had 34 responses and only 10 within the City limits.

LARRY DASENBROCK: Mr. Dasenbrock was present to let the Council know that he was running for County Sheriff again and to thank the City for their cooperation during his current term.

COMMITTEE REPORTS: The Snowhaven Minutes of March 3, 2004 were accepted on motion by Councilman Lester, second by Councilman Zehner. Motion carried by a unanimous vote of the Council present. Snowhaven’s last day was March 14, 2004.

WATER DEPOSITS: Councilwoman DeHaas and Councilman Zehner felt the deposit should be left alone. Councilman Walker stated that when you compare the average write offs of $1,200.00 to the amount the City bills, the write offs are very small. He feels the City staff should be complimented. MaryAnn Davidson explained that although she is concerned about her tenants she doesn’t want the City to lose money.

P & Z AND THE AREA OF IMPACT: Last March, the City wrote the County a letter asking them to consider allowing people that own property (instead of residing) in the Area of Impact to serve on P & Z as the area of impact representative. When Attorney Albers discussed this with Attorney Wright, Attorney Wright didn’t feel this was an option. Councilman Walker feels that another letter should be sent to the County as a final notice. Councilwoman Kissinger feels the City might get a better response by attending a Commission meeting and being listed on the agenda. A motion was made by Councilman Walker, second by Councilman Lester to have Attorney Albers send a letter to the Commissioners and letting them know the City would attend a meeting if they would like the City to. 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 McDonald, second by Councilman Lester. Motion carried by a unanimous vote of the Council present.

Payroll Fund $42,242.44
General Fund $46,448.25
Street Fund $23,008.49
Library Fund $ 3,473.81
Recreation Fund $ 2,464.43
Snowhaven Fund $13,785.90
Medical Insurance Fund $11,700.98
Water Fund $22,113.92
Sewer Fund $21,478.22
Sanitation Fund $31,542.91

SIDEWALK AT 608 W. NORTH 2ND DAVE STEWART: Dave Stewart received a letter from Clerk Kennedy letting him know that he had to put sidewalks in on North 2nd Street to where it connects with A Street. Mr. Stewart questioned the letter since he did install a sidewalk on North 2nd, just not all the way to the corner and that they City had originally told him he didn’t need to go to the corner. Councilman Lester feels the sidewalk on North 2nd needs to be completed and the small section on North A needs to be fixed. Councilman Walker doesn’t feel that the City has the burden to pay for the entire amount to have the sidewalk installed on North 2nd Street. He feels that the City could furnish the materials for the new sidewalk on North 2nd Street and Mr. Stewart should replace the sidewalk on A Street since it is in disrepair. Councilman Lester feels that he should have to repair and not replace the sidewalk on A Street since there are other areas in town that are much worse. Councilman Walker made a motion, second by Councilman Lester that Mr. Stewart provide the labor on the sidewalk on North 2nd Street and the City will pay for materials (cement and rebar). The sidewalk would need to connect with the existing sidewalk on A Street and a handicap access would be placed on North 2nd Street. Councilman Zehner was opposed to the City spending money on the sidewalk. Councilman Lester didn’t feel that the handicap access could be made to work correctly. A roll call vote was taken with the following results:

Councilwoman DeHaas - No
Councilwoman Kissinger - Yes
Councilman Walker - Yes
Councilman McDonald - Yes
Councilman Lester - No
Councilman Zehner - No

Mayor Vanderwall broke the tie, voting No.

Councilman Walker made a motion, second by Councilman Lester that Mr. Stewart provide the labor to install the sidewalk on North 2nd Street, the City would pay for materials (cement and rebar), and the sidewalk would need to connect with the existing sidewalk on A Street. Motion passed, Councilman Zehner voting No.

FIRE CHIEF RESIGNATION: Mayor Vanderwall read the resignation submitted by Fire Chief Dave Williams. Mayor Vanderwall thanked Dave Williams for his 24 years of service. On motion by Councilman Lester, second by Councilman Zehner to accept the resignation of Dave Williams as fire chief, effective March 31, 2004 and to accept the recommendation of Dan Tackett as the new fire chief. Motion carried by a unanimous vote of the Council present.

CROSS CONNECTION WORKSHOP: A cross connection workshop was scheduled for March 22, 2004 at 7:00 P.M.

SURPLUS: On motion by Councilman Lester, second by Councilwoman Kissinger to declare the Animal Control pickup surplus. Motion carried by a unanimous vote of the Council present.

The meeting adjourned at 8:35 P.M.
_____________________
Terry Vanderwall - Mayor
ATTEST:



_________________________
Tonya Kennedy – City Clerk

Monday, March 1, 2004

March 1, 2004 Regular Meeting

The City Council met in regular session on March 1, 2004 at 7:30 P.M. in the Council Chambers of City Hall.

President Walker presided.

Councilmembers present:
Mike McDonald
Wes Lester
James Zehner
Jane Kissinger
Georgia DeHaas

Mayor Vanderwall absent.

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 17th regular meeting were approved as presented by Councilman Lester second by Councilman Zehner. Motion carried by a unanimous vote of the Council present.

VISITORS: Holly Cotton, explained that last year the City participated in Arbor Day with the Idaho County Soil and Water Conservation District and planted 5 trees at the Elementary-Middle School. She asked if the Council would be interested in setting a date for Arbor Day and applying for the $150.00 Arbor Day Grant. On motion by Councilwoman DeHaas, second by Councilman Zehner to declare April 30th as Arbor Day for the City of Grangeville. Motion carried by a unanimous vote of the Council present. Councilwoman Kissinger made a motion, second by Councilman Lester to apply for a $150.00 Arbor Day Grant. Motion carried by a unanimous vote of the Council present. President Walker then read and signed the Arbor Day Proclamation.

Shaun Maxey reported that Ida-Lew presented Small Business Workshops in Kooskia and Grangeville for business interested in the development of a new product. Mr. Maxey also gave the Council copies of Senate Bill #1384 which could affect the rail line between Cottonwood and Grangeville. After he learns more about the bill, he will give an update to the Council.

COMMITTEE REPORTS: Chief of Police Sedam summarized the monthly report, reporting that the department responded to 157 calls for service. There were 124 cases written, 43 arrests, 75 citations and 14 written warnings issued. The Police and Animal Control report for February 2004 was accepted on motion by Councilman Lester, second by Councilman McDonald. Motion carried by a unanimous vote of the Council present.

Public Works Director Gortsema presented the Water Leak report for February 2004 and reported that the department repaired 12 leaks (14 year to date). Councilwoman Kissinger made a motion, second by Councilman Lester to accept the February 2004 Water Leak Report. Motion carried by a unanimous vote of the Council present.

Councilman Lester explained that the Sidewalk Committee met and looked at the sidewalks and reviewed the Sidewalk Status Report. The Council reviewed the list of recommendations as submitted by the Sidewalk Committee and shown below.

Dave Stewart (608 W. North 2nd ): Must install a sidewalk on W. North 2nd and fix a section
of the sidewalk on A Street by 10/1/04.

Sharon Horne (423 North A): Must install a sidewalk on A Street by 10/1/04. A
waiver was granted on 4th Street until the property at 506
W. North 4th is developed.

Rose Mangini (418 E. North 4th): A waiver was granted on E. North 4th Street until the
street is improved.

Cliff McLean (403 North State): A waiver was granted on E. North 3rd Street until the
street is improved.

Billy Wikoff (315 North State): A waiver was granted on E. North 3rd Street until the
street is improved.

Andy Hairston (512 North State): Must install a sidewalk on 5th Street by 10/1/04.

Butch Walker (916 South C): Must install sidewalks or request a waiver by 10/1/04.

Jennifer Kinnick (302 North Idaho): Must repair the sidewalk on Idaho by 6/1/04.

Frank Moody (506 W. North 4th): Must remove the shrubs from the City right of way by
6/1/04.

On motion by Councilman Lester, second by Councilwoman Kissinger to accept the Sidewalk Committee’s recommendation to send letters to those on the list. Motion carried by a unanimous vote of the Council present.

B & B BARGAIN SIDEWALK: President Walker explained that Mr. Perry had previously asked Mayor Vanderwall to have until the end of February to clear his sidewalk. He wanted to be able to clear 6 feet of his sidewalk but use the remaining 3 feet to display items. President Walker stated what has been cleaned up is a vast improvement. Councilman Lester agrees with President Walker but feels the sidewalk needs to be cleared completely. If Mr. Perry wants to use the sidewalk during the day but has it cleared every night then he’s ok with that. On motion by Councilman Lester, second by Councilwoman DeHaas to send B & B Bargain a letter to have the sidewalk completely cleared by March 15th. As allowed by ordinance he can put out limited items during the day, but they must be removed at night. Motion carried by a unanimous vote of the Council present. President Walker directed Attorney Albers to write the letter.

P & Z: There is a P & Z training in Post Falls on March 13th from 9am – 3pm that Hunter Edwards, Paul Eimers and Wilmer Seaver would like to attend even though there was no travel budgeted for P & Z. Councilwoman DeHaas felt that the P & Z members should be encouraged to attend, and that the City should pay registrations and meals for three people, one transportation and no lodging. The Council was in agreement. On motion by Councilwoman DeHaas, second by Councilman Zehner to authorize three P & Z members to attend the training in Post Falls, with the City paying the registration and meals for three people and mileage for one. Motion carried by a unanimous vote of the Council present.

WATER DEPOSITS: Mary Ann Davidson asked if the City is looking at raising commercial or residential water deposits. She objects because the deposit was just raised and it’s a significant amount for a renter to come up with. She feels the City should look at the collection procedures and also wants to know if the majority of the accounts that are written off are renters or owners. President Walker would like to see the commercial deposit increased. Councilwoman DeHaas said as a landlord, she’d like to see the $100.00 deposit remain the same. Councilman Lester pointed out that through research from Clerk Kennedy, most Cities that responded have the landlord be responsible for the bill and not the renter. Clerk Kennedy looked at write offs for 2001 (12 rent, 4 own) and 2002 (17 rent, 2 own) and the majority were renters. Clerk Kennedy will take a look at the collection procedures to determine if the timeline could be shortened on collections.

SCOTT STREET PROPERTY: The property previously owned by Charlie Quick at 1325 Scott Street is now in Fannie Mae’s possession. Attorney Albers explained that the building on the property is in the Monroe Street Right of Way (Monroe Street has not been developed). A solution to the problem, is to have Fannie Mae petition to vacate 5’ to the North and South (total of 10’) of Monroe Street, reducing the right of way to 50’. Adjoining property owners would then receive 5’ of land along the undeveloped Monroe Street. Fannie Mae would be responsible for the actual costs of publication and certified mailings and the City would do the legal work involved. Fannie Mae would then need to agree to have the property remain with one owner. On motion by Councilman Lester, second by Councilman McDonald to have Attorney Albers and Public Works Director Gortsema make an offer to Fannie Mae that the City would do all the legal work as long as they paid the actual costs and signed an agreement upfront that allowed the Council to exercise their right to vote based upon the outcome of the public hearing. Motion carried by a unanimous vote of the Council present.

BLOCK GRANT APPLICATION STATUS: Walter Steed is preparing the addendum to the Block Grant Application and in the meantime a conference call was held with the Department of Commerce, Entranco, Mr. Steed and representatives from the City. Public Works Director Gortsema explained that the Department of Commerce has concerns and is asking questions that are not normally asked until after the application is approved. The City is working towards answering those questions and submitting the addendum. It is fortunate that Mr. Steed is on the City’s staff and was prepared during the conference call to answer the questions from Commerce.

The Department of Commerce gave the City a couple suggestions, one of which is to withdraw the application and re-submit it in the next year after the majority of the bond project is completed. The City decided to proceed with the grant in the current year and is providing the requested information.

EXECUTIVE SESSION: On motion by Councilman McDonald, second by Councilman Zehner 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
Councilwoman Kissinger - Yes
Councilwoman DeHaas - Yes

Motion passed.

A motion was made by Councilwoman Kissinger, second by Councilman Lester 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
Councilwoman Kissinger - Yes
Councilwoman DeHaas - Yes

Motion passed.

On motion by Councilman Lester, second by Councilman Zehner to approve granting the conditional use for Melinda Fischer for housing 12 dogs in accordance with the Agreement Granting Conditional Use as prepared by Attorney Albers. Motion carried. Councilman McDonald voting No.

Attorney Albers explained that last meeting he was authorized to visit with Attorney Linda Pall. According to the agreement, Ms. Fischer can’t keep dogs in any way that may cause a nuisance. The appeal will be dropped with the signing of the agreement. Councilwoman Kissinger noted that if the dogs create a nuisance, then the Council can correct the problem as defined in Idaho State Law.

ITEMS TO NOTE: The Council received a copy of the items listed below for their review.

Walco Tonnage Reports: October 2003 – December 2003
Clearwater RC&D Minutes – January 22, 2004
North Central Idaho Jurisdictional Alliance Minutes – January 22, 2004

The meeting adjourned at 9:15 P.M.
_____________________
Bruce Walker - President
ATTEST:



_________________________
Tonya Kennedy – City Clerk