September 7, 2004 Regular Meeting

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

Mayor Vanderwall presided:

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

Councilmembers absent:
Mike McDonald

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

The meeting was called to order and the minutes of the August 23rd regular meeting were approved as presented by Councilwoman Kissinger second by Councilwoman DeHaas. 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, 2004 – September 30, 2005. Mayor Vanderwall also asked for any comments on the approximate 7% increase in garbage rates. There being no comments or objections the hearing was declared over and the following Ordinance was read.

ORDINANCE NO. 773

(Ordinance No. 773 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, 2004, appropriating the sum of $7,499,202.00 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.

Councilman Walker made a motion, 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:

Councilman Zehner - Yes
Councilman Lester - Yes
Councilman Walker - Yes
Councilwoman Kissinger - Yes
Councilwoman DeHaas - Yes

The motion passed. Mayor Vanderwall then declared Ordinance No. 774 duly approved and adopted.

VISITORS: Annelle Urbahn asked for permission to use Heritage Square for a Flea Market, with craft and food vendors, in place of Oktubberfest. The insurance would be provided by the Chamber and they hope to have it possibly over the softball tournament the first weekend in October.

The Merchants also plan to gear up around November 18th for a Christmas “Old Fashioned-Shop at Home” theme and hope to hang more lights at Heritage square during this season.

The Elks would like to request permission to close South Street on September 19th for the Elks Picnic. On motion by Councilwoman Kissinger, second by Councilman Zehner to allow the Elks to close South Street, from Meadow to the Cash and Carry entrance on September 19th from noon until 6:00 p.m. for the Elks Picnic. Motion carried by a unanimous vote of the Council present.

The verbal request to put in a retaining wall at the Ernie’s Steakhouse was postponed until the next meeting since a drawing was not submitted for review. Becky Robinson will be contacted so she can attend the next meeting.

Juanita Tinsman updated the Council on the Skatepark, which had its 1 year anniversary celebration this summer. The newest piece of equipment is very popular and highly used. Juanita plans to step down as Co-chairman but will still be involved at the park. She plans to look into funding to roof the courts to help with the longevity of the equipment. Brian Barnes had received one quote for $30,000.00 for the roof and Juanita will continue to look into ideas for funding the project. The final report to the Tony Hawk Foundation was submitted, which completes the requirements of the grant.

Juanita also asked for clarification of exotic animals, since her son runs the pet store in town. According to the State, exotic animals are animals not raised in captivity. Councilwoman DeHaas researched information on the internet on various snakes, and pythons and boas are listed as “pet shop” animals. Attorney Albers stated that the main issue of the definition is if it is inherently dangerous. He feels the size of the reptile or animal needs to be considered to determine this. Small animals being sold out of the store are probably not inherently dangerous at this time, but may as they get larger. Juanita was informed that they are doing nothing wrong right now.

SIDEWALK WAIVER: On motion by Councilman Zehner, second by Councilwoman DeHaas to grant Bryon Greig an indefinite sidewalk waiver at 720 North D Street. Motion carried by a unanimous vote of the Council present.

Councilman Walker made a motion, second by Councilwoman DeHaas to grant Mike Suhr a sidewalk waiver on D Street in conjunction with the sidewalk wavier that was granted at 406 Pine Street on July 6, 2004. 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 174 calls for service. There were 118 cases written, 31 arrests, 67 citations and 6 written warnings issued. The Police and Animal Control Report for August 2004 was accepted on motion by Councilman Walker, second by Councilwoman DeHaas. Motion carried by a unanimous vote of the Council present.

Water Superintendent Curtis presented the Water Leak report for August 2004 and reported that the department repaired 22 leaks (124 year to date) and 4 leaking services.

BOA CONSTRICTOR IN THE CITY LIMITS: Chance Ervin explained that he brought pictures of the cage and how it can be locked. He also has information on the snake from when he bought it at a pet store in 1992 in Clarkston. Councilwoman DeHaas feels that the City should allow him to keep the snake; however if it is brought on City property or the school, the City must be notified. Councilman Zehner doesn’t feel that the snake should be treated any differently than large dogs. Animals are prohibited in the City Parks and he feels that all animals should be treated the same. Councilwoman Kissinger has reservations and one of those is the snake around small children. She wants the cage locked when Chance is not with the snake.

On motion by Councilman Walker, second by Councilman Lester to allow Chance to have the snake on property under his control, that the cage must be locked when he is not there, and that it is not allowed on public property without a request from another individual and then he must receive permission from the Chief of Police before taking it out. Chance must also sign an agreement. Councilwoman DeHaas and Councilman Zehner feel the motion is too restrictive. Motion failed, Councilman Walker and Councilwoman Kissinger voting Yes.

Councilwoman DeHaas made a motion, second by Councilman Zehner to allow Chance Ervin to have the snake in the City; that he obey all the restrictions in the parks and must have a special request from another individual or organization and then permission from the Chief of Police to display the snake on any City property. Councilwoman Kissinger feels the cage needs to be locked. Chance stated that he didn’t have a problem locking the cage when he’s gone.

Councilman Walker amended the motion, second by Councilwoman Kissinger to have the cage locked when Chance is not there. Motion carried by a unanimous vote of the council present. The Council then voted on the original motion. Motion carried by a unanimous vote of the Council present.

FIRE PROTECTION MUTUAL AID AGREEMENT WITH COTTONWOOD: On motion by Councilman Walker, second by Councilman Zehner to adopt the Fire Protection Mutual Aid Agreement with Cottonwood. Motion carried by a unanimous vote of the Council present.

EQUITY BUY-IN PROGRAM FOR WATER AND SEWER: The Council discussed ideas on an equity buy-in program and why it may be needed. Councilman Lester explained that funds generated from the equity buy-in would go toward upgrades to the water or sewer systems, not general maintenance. Most Cities have a program in place and the Council feels a program is needed. Councilman Walker felt that this was a planning stage toward future growth of the system so expansion or a new system could be funded. The money saved wouldn’t be enough to fund the entire project; however it may be enough match for a grant or something similar. Mayor Vanderwall stated that money was budgeted in the 2004-05 budget to develop an equity buy-in program. It will take at a minimum of 90 days to complete.

Dave Wimer asked if the buy-in would need to be paid upfront or as the lots are developed. Councilman Lester felt that Dave’s situation was different since he is out of the City limits and area of impact. He is not required to get building permits; therefore, it would be hard to know when those lots are developed. Councilwoman DeHaas would like to see the buy-in occur as the lot is developed. Councilman Walker explained that the City has talked to J-U-B (Kimball Engineering) and they have recommended $2,500.00 for sewer as an estimate for the buy in until the actual numbers are determined. If the amount is higher, the developer would be charged the difference but if it’s lower, the developer would receive a refund. Councilman Zehner felt that $2,500.00 is too high. Kevin Tomlinson asked if an amount needs to be determined right now since no one is ready to connect and probably wouldn’t be for more than 90 days. Councilwoman Kissinger felt that cabins and RV spaces may need to have a different formula than residential lots.

Richard Baines felt that the $2,500.00 per lot is outrageous, especially if he had to pay the fee for each RV spot and cabin. Councilman Walker was offended that he thought it was outrageous. The Council has professional people that are being consulted for information and they are trying to protect the plant and the community yet try to accommodate what the developers want to do. Mayor Vanderwall also stated that the citizens would want their government to research before making a decision. Councilman Lester stated that Buy-The-Way came to the Council April 29th and they don’t have an answer on their subdivision yet. Grangeville is not the first City to establish a program and other Cities probably have a formula for RV spaces and cabins.

Councilman Lester made a motion, second by Councilman Kissinger to move forward with an equity buy-in program for water and sewer and hire J-U-B (Kimball Engineering) to provide a formula to determine the monetary amount of the buy-in. Motion carried by a unanimous vote of the Council present.

Councilman Lester made a motion, second by Councilman Walker to set the buy-in for water and sewer at $2,000.00 each for anyone that needs to hook up prior to having the actual numbers. If the actual comes in less, the developer would receive a refund and if it is more, the developer would be billed the additional costs. Councilman Lester explained the $2,000.00 comes from the estimate from Bob and Gil Walker of $4,000.00 for water and sewer both. Councilwoman Kissinger felt the developments need to be approved in Phases to make it more feasible for the developers and that it may need to be revisited whether those lots inside the City need to pay the buy-in fee. Councilman Lester responded that Camas Gravel has done their development on the West end of town in phases and the City hasn’t had a problem doing that. Councilwoman DeHaas felt the buy-in should be paid when the lots come into service. The motion passed, Councilman Zehner and Councilwoman DeHaas voting no.

CRIMSON RIDGE DEVELOPMENT (FORMALLY KNOWN AS BUY-THE–WAY DEVELOPMENT) RECOMMENDATION: A committee made up of Mayor Vanderwall, Councilmen Lester and Walker, Attorney Albers and Public Works Director Gortsema made a recommendation to guarantee a total of 100 lots for Phase I, 80 of which without an equity buy-in and 20 lots with an equity buy-in. Crimson Ridge has decided to request Sewer only. They will retain ownership and maintain the sewer infrastructure inside their property, which includes the sewer lines, lift stations, pumps, generators and electricity. Councilwoman Kissinger stated that she was originally opposed to granting 80 lots with no equity buy-in; however she researched her records and found a draft agreement that listed 80 lots and she felt that number was fair. Councilman Zehner stated he would like to abstain since he is related to a developer. On motion by Councilwoman Kissinger, second by Councilman Walker to excuse Councilman Zehner from voting. Motion carried by a unanimous vote of the Council present.

Councilwoman Kissinger made a motion, second by Councilman Lester to accept the committee recommendation for Crimson Ridge, specifically to guarantee a total of 100 lots for Phase I, 80 lots without an equity buy-in and 20 lots with an equity buy-in and to have Attorney Albers
establish the agreement and apply for the right of way with the State of Idaho. Motion carried, Councilman Zehner abstained.

Dave Wimer wanted to clarify that Crimson Ridge will have one hookup charge. Councilman Lester explained that was the case since the developers decided to retain ownership of their line; therefore having only one hookup to the City’s line.

RICHARD BAINES SEWER REQUEST: Richard Baines stated that after hearing the approval for Crimson Ridge, he would like to state that his request is to pay the connection fee and request a waiver of the buy-in fee. Councilman Walker considered his request and since it came in so close to Crimson Ridge, he would be willing to waive the buy-in on 9 residential lots but he is not ready to make a decision on the commercial lots. This allows Richard 80% of his lots without the buy-in which was the approval for Crimson Ridge. Richard asked what needed to be done so a decision could be made on the commercial lots. Councilman Lester felt that J-U-B Engineering should know the percentage for cabins or RV spaces and be able to determine what the City should charge. Mayor Vanderwall stated that the City could make a call to J-U-B to find out additional information on cabins and RV spaces.

Councilman Walker made a motion, second by Councilman Zehner to guarantee Richard Baines 11 residential lots, 9 lots without an equity buy-in and 2 lots with an equity buy-in based upon the plat he submitted. Motion carried by a unanimous vote of the Council present.

ENTRANCO INVOICE: On motion by Councilman Walker, second by Councilwoman DeHaas to approve the payment of $22,677.50 for Entranco. Motion carried by a unanimous vote of the Council present.

ORDINANCE NO. 774

(Ordinance No. 774 in its entirety on file in the City’s Ordinance File)

An Ordinance of the City of Grangeville providing off street parking requirements for multi unit buildings such as duplexes or apartment buildings; providing the ordinance to become effective upon its passage, approval, and publication; providing for the repeal of ordinances or parts of ordinances in conflict herewith.

Councilman Lester made a motion, second by Councilwoman Kissinger 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 Walker - Yes
Councilwoman Kissinger - Yes
Councilwoman DeHaas - Yes

The motion passed. Mayor Vanderwall then declared Ordinance No. 774 duly approved and adopted.

RESOLUTION NO. 182

(Resolution No. 182 printed in its entirety on Page 230 In the Resolution Book)

The resolution adopting the Equal Employment Opportunity Policy Statement was introduced by Councilwoman Kissinger, who moved for its adoption. Seconded by Councilwoman DeHaas.

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

Councilwoman DeHaas - Yes
Councilwoman Kissinger - Yes
Councilman Walker - Yes
Councilman Lester - Yes
Councilman Zehner - Yes

The motion passed. Mayor Vanderwall then declared Resolution No. 182 duly approved and adopted.


CHANGE MONTHLY SALARY PAY TO BI-WEEKLY: The employee insurance committee met to make changes to reduce insurance costs. One of the changes is to have a deduction for a portion of the employees health insurance on each bi-weekly paycheck; therefore changing the monthly pay to bi-weekly. On motion by Councilwoman DeHaas, second by Councilman Zehner to change the employee handbook to pay the salary employees bi-weekly. Motion carried by a unanimous vote of the Council present.

WORKSHOP: A tentative workshop was scheduled for September 13th at 7:00 p.m. to discuss the garbage contract and rates, inviting Sidney Walker to attend at 7:30 p.m.

LETTER FROM ROBERT BLEWETT: Mayor Vanderwall noted the receipt of the letter from Robert Blewett regarding new sewer connections.

HOLMAN PROPERTY: Attorney Albers explained that Ordinance #279 annexing the Holman property April 16, 1953 was found and forwarded to Holman’s attorney, John Haley. He will review the ordinance with a map and the case will no longer go to court since Holman’s were already annexed into the City as Zone B.

ATTORNEY MEETING: Attorney Albers requested the City pay his $25.00 registration fee to attend an ICRMP Civil Attorney Training in Lewiston on September 30th. Councilwoman Kissinger made a motion, second by Councilman Lester to pay the $25.00 registration fee for Attorney Albers to attend. Motion carried by a unanimous vote of the Council present.

ITEMS TO NOTE: The Council was notified of the Complaint and Demand of a Jury Trial for the sewer claim of Phil Mason.

The Council received copies of the July 22, 2004 Clearwater RC&D Council Minutes.

Councilman Walker stated he was not in favor of the Snake River Basin Adjudication Agreement and it will be on the September 20th agenda.

The meeting adjourned at 10:10 P.M.


_________________________________
Terry Vanderwall - Mayor
ATTEST:


_________________________
Tonya Kennedy – City Clerk