October 4, 2004 Regular Meeting

The City Council met in regular session on October 4, 2004 at 7:30 P.M. in the Council Chambers of City Hall.

Mayor Vanderwall presided:

Councilmembers present:
Wes Lester
Bruce Walker
Georgia DeHaas
James Zehner

Councilmembers absent:
Mike McDonald
Jane Kissinger

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

The meeting was called to order and the minutes of the September 20th regular meeting were approved as presented by Councilwoman DeHaas second by Councilman Lester. Motion carried by a unanimous vote of the Council present.

VISITORS: Sue Kutner visited with Chief Sedam on closing a portion of West North 2nd in front of The Gallery on November 6th for a wedding reception. Chief Sedam recommended that Sue place a tent in the parking area in front of The Gallery for the wedding reception. The City would provide barricades to be used to close the road during the reception for approximately four or five hours on November 6th and then the barricades would be placed around the tent for the night. The tent would be removed on Sunday morning. On motion by Councilman Zehner, second by Councilman Lester to approve the recommendation of Chief Sedam for the request submitted by Sue Kutner. 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 176 calls for service. There were 132 cases written, 37 arrests, 67 citations and 7 written warnings issued. The Police and Animal Control Report for September 2004 was accepted on motion by Councilman Lester, second by Councilman Zehner.

Public Works Director Gortsema presented the Water Leak report for September 2004 and reported that the department repaired 28 leaks (151 year to date).

On motion by Councilman Lester, second by Councilman Zehner to accept the Library Minutes of September 22, 2004 and approve the daily schedule of 12:00 – 6:00 p.m. Monday through Friday. Motion carried by a unanimous vote of the Council present.

WATER GRANT PROJECT REPORT: Public Works Director Gortsema updated the Council on the water grant project. The pumps for Hall Street won’t be shipped until November 1st, which sets the project back 30 days. There was also a change in Change Order #2 that was approved last meeting. Change Order #2 will be modified so that valves will not be put on the suction side pump station at this time; rather the valves will be put in during the bond project which will significantly reduce the amount of the change order. The pipe crew should start next week on the transmission line.

Councilman Walker made a motion, second by Councilman Lester to ratify the signing and approve Pay Request #1 to Debco for $55,513.82. Motion carried by a unanimous vote of the Council present.

SIDEWALK INSTALLATION DEADLINE: A letter was sent out on March 8, 2004 to Andy Hairston informing him that sidewalks must be installed by October 1, 2004. Andy did not meet the deadline and he sent a letter to the Council requesting an extension until July 1, 2005. On motion by Councilman Walker, second by Councilman Lester to give Andy Hairston an extension on putting in sidewalks at 512 North State Street until July 1, 2005 and to attach a letter to the title of his property stating sidewalks must be installed and have it recorded at the County. Motion carried by a unanimous vote of the Council present.

A letter was sent to Daniel and Jennifer Kinnick at 308 North Idaho that gave them until June 1, 2004 to replace their sidewalks. Kinnicks moved out of the property prior to their deadline and it was discovered that Countrywide Home Loans had foreclosed on the property. A letter was sent to Countrywide on July 15, 2004 with a deadline of October 1, 2004 to have the sidewalks replaced; however, no action or correspondence was received. Councilman Walker made a motion, second by Councilman Lester to have the City contract to put in a sidewalk at 308 North Idaho and then enter a lien on the property. If a sidewalk can not be installed this fall, a letter will be attached to the title and recorded. Motion carried by a unanimous vote of the Council present.

CHANGE ORDERS #1, #3 AND #4: On motion by Councilwoman DeHaas, second by Councilman Lester to ratify the approval of Change Orders #1, #3 and #4. Motion carried by a unanimous vote of the Council present.

PURCHASE COPIER AND PHONE SYSTEM: Councilwoman DeHaas made a motion, second by Councilman Walker to authorize the City Clerk to purchase the copier and phone system as budgeted. Motion carried by a unanimous vote of the Council present.

SIDEWALK WAIVER REQUEST: Duane Parker, 331 South Florence, submitted a written request for a sidewalk waiver on Maple Street and Florence Street. Councilwoman DeHaas felt that even though the area is landscaped, sidewalks should be placed on both Maple Street and Florence Street. Councilman Lester felt that they should be placed on Maple Street only. Councilman Zehner felt that if the City would have required sidewalks on Florence and Boulevard instead of granting waivers, most of the block would now have sidewalks. On motion by Councilman Lester, second by Councilman Walker to grant an indefinite sidewalk waiver on Florence Street for Duane Parker, but sidewalks must be installed on Maple Street by October 1, 2005. The waiver is tied to whether Mr. Parker proceeds with the project and takes out a building permit. Motion carried, Councilwoman DeHaas voting No.

SURPLUS: On motion by Councilman Lester, second by Councilwoman DeHaas to surplus the Canon S450 color printer at the Library. Motion carried by a unanimous vote of the Council present.

SIDING AND ROOFING ALLOWED IN EACH ZONE: Attorney Albers had a draft ordinance prepared regarding galvanized metal for roofing and siding. Upon discussion, Albers will revise the ordinance for next meeting.

WRITE OFF/NON-COLLECTIBLE ACCOUNTS: Councilman Lester made a motion, second by Councilman Zehner to approve the write-offs dated October 2, 2004 in the amount of $1,012.73. Motion carried by a unanimous vote of the Council present.

CLERKS CONFERENCE UPDATE: Clerk Kennedy reported that the conference she attended had good information. Kennedy reported on two topics for the Council to consider. The first was that any meeting or workshop the Council holds needs to be a meeting or a special meeting with minutes taken. The Council already complies in the posting of the meeting and agenda; however, normal minutes are not taken since no decision is made. The handbook needs to be clarified, since the Council and department heads get paid for special meetings but not workshops. Attorney Albers suggested having different definitions in the handbook, such as regular meetings, special meetings and special workshop meetings. Councilwoman DeHaas felt the department heads should get paid for special workshop meetings where the Council may not. Kennedy will work with Councilwoman DeHaas to revise the handbook.

The second item was whether certain employees should be paid hourly or salary. According to the Fair Labor Standards Act there are certain qualifications that need to be met in order to be paid salary. Clerk Kennedy reported that the two employees that need to be considered are the clerk and pool manager. The pool manager doesn’t meet the minimum salary per week, while the clerk doesn’t meet the qualification that the majority of the work is spent supervising instead of day to day work. On motion by Councilman Walker, second by Councilman Lester to comply with FLSA and have the clerk changed to hourly pay. Motion carried by a unanimous vote of the Council present. The pool manager position will be reviewed prior to the pool season.

ITEMS TO NOTE: Crimson Ridge – Attorney Albers and Joe Wright have been working on a draft agreement between the City and Crimson Ridge. Albers recently received copies from the City of Kamiah on two sewer extensions where the State asked how the City had the right to provide service outside of their jurisdiction. Public Works Director Gortsema explained that Crimson Ridge proposed a revision of the line that is requiring additional research on his part. They are proposing having a pig loading station on the pressurized line instead of cleanouts. Gortsema has been researching this option and has received conflicting information. Because of these additional items to consider, the agreement is not ready to be signed.

The meeting adjourned at 8:40 P.M.


_________________________________
Terry Vanderwall - Mayor
ATTEST:


_________________________
Tonya Kennedy – City Clerk