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