City Council met in regular session on April 18, 2022 at 6:00 P.M. in the Council Chambers of City Hall.
Mayor Lester presided:
Councilmembers present:
Mike Peterson
Pete Lane
Beryl Grant
Scott Winkler
Amy Farris
Dylan Canaday
City employees present were City Administrator Kennedy, Public Works Director Mager, Chief Newman and Attorney Green.
MINUTES: The meeting was called to order and the Council minutes of April 4th were approved as presented by Councilor Peterson, second by Councilor Canaday. Motion carried by a unanimous vote of the Council present.
VISITORS: David Watkins, JUB attended via telephone to review the additional services contracts for water and sewer. On the water project the design was started on the high zone tank late last year. They are at about 90% design right now. They are finalizing the environmental report. On the funding, we are reviewing the applications before submitting to Rural Development and we are about a month out from the DEQ funding short list. Next month will be decisions on funding. Amendment #2 includes design of the new well, testing for production and then a second design for well completion which is the well pump and house. Construction management is lump sum which includes all in house office work while time and materials is the onsite construction observation work. Sewer Amendment #1 includes sewer design, construction management and observation for all five projects. The contract is in place using the EJCDC format in case we use RD funding.
On motion by Councilor Peterson, second Councilor Grant to approve the Grangeville Water System Improvements EJCDC Contract Amendment #2 in the amount of $872,330. ROLL CALL VOTE: YES: Canaday, Farris, Winkler, Lane, Grant, Peterson. NO: none. The motion passed.
On motion by Councilor Peterson, second Councilor Grant to approve the Grangeville Sewer System Improvements EJCDC Contract Amendment #1 in the amount of $623,300. ROLL CALL VOTE: YES: Canaday, Farris, Winkler, Lane, Grant, Peterson. NO: none. The motion passed.
PUBLIC HEARING ALLEY VACATION: Mayor Lester opened the public hearing on the request submitted by Mike Hauger, 331W Main, to vacate a portion of the alley adjacent to lots 7, 8, 9, and 10, Block G, Northwest Addition.
APPLICANT PRESENTATION: Mike Hauger was present asking to have the alley vacated that runs between his two properties so he can build over the alley for a possible autobody shop or at one time he also considered an apartment unit. He plans to tear town the existing store and apartments.
Councilor Grant questioned if he owned the property from Main Street to North Street and if he still had fuel tanks in the ground? Mike answered yes, he owns the property on both sides of the alley. On the tanks, they are in the ground and he has documentation that it had a clean bill of health before he purchased the property. Councilor Winkler asked if Avista was on board. Mike stated Avista is on board and will retain an easement for the existing utility easement; however primary power supply lines will be removed and/or rerouted.
STAFF PRESENTATION: Public Works Director Mager provided a written report to the Council. He has written documentation from Avista and Centurylink on the proposal. The alley currently dead ends behind Norco. The City doesn’t have any plans to utilize the section of alley Mike is trying to vacate. Administrator Kennedy stated the notices published in the paper and were delivered to required property owners.
WRITTEN CORRESPONDENCE: None
SUPPORTERS: Adam Green voiced his support as a property owner and of having the neighborhood cleaned up, along with having a strong business in the neighborhood.
NEUTRALS: None
OPPONENTS: None
DISCUSSION AND RECOMMENDATION: Mayor Lester closed the hearing. On motion by Councilor Winkler, second by Councilor Farris to vacate a portion of the alley adjacent to lots 7, 8, 9, and 10, Block G, Northwest Addition. ROLL CALL VOTE: YES: Canaday, Farris, Winkler, Lane, Grant, Peterson. NO: none. The motion passed.
PUBLIC HEARING VICIOUS DOG: Mayor Lester called the vicious dog hearing to order for Jamie Russell, 420 North A Street.
POLICE OFFICER PRESENTATION: Officer Vance responded to a call from Bryan and Holly Cox for a vicious dog complaint. The dog jumped fence and attacked the cat and treed it. The call said the cat was dead, but when he arrived the cat was ok but wet. The fence was not even 4’ tall. When Holly tried to shoo the dog away, it turned and growled at her. On December 22, 2021, Sgt. Quintal wrote Jamie Russell a dog at large warning after Brett Baker called it in. Councilor Farris asked if the dog was vicious to him? Officer Vance replied no; the dogs were inside when he was there.
APPLICANT PRESENTATION: Jamie Russell doesn’t know many dogs that won’t chase cats. She understands her dogs don’t belong on someone else’s property. If it’s ok, she doesn’t want to get rid of her dogs; they are family. She works with Zeus lost and found to help them find dogs. She has a weird back yard with lots of curves. She has contacted a surveyor and talked about putting up a 6’ chain link fence. Her 3 dogs are boxers that are 2.5 years old and have never shown aggression, but they don’t know cats.
Councilor Farris asked if she knew when the survey will be done. Jamie responded he’s trying to get the survey done in the next month on a Saturday. Councilor Grant stated you were warned in December, did you think about doing something then? Or did it take until now to consider doing something. Jamie stated she didn’t do anything in December but she should have taken care of it then. Councilor Farris asked if she has plans to build a fence in a reasonable timeframe and would she be willing to cable or chain the dogs until the fence is completed? Farris stated she has had contact with her dogs and doesn’t believe they are vicious, but Jamie needs to be able to contain them until the fence is in. Councilor Grant stated it’s scary when they run in a pack; a child could get in the way and get hurt. Jamie stated she was kind of excited about getting a fence and having a hangout area.
WRITTEN CORRESPONDENCE: None
SUPPORTERS: Yolanda Stout has known Jamie since 2006 and her dogs would lick rather than hurt you. She would let her grandkids play there. Dogs are family. Also Jamie’s mom passed away since December.
NEUTRALS: None
OPPONENTS: None
DISCUSSION AND RECOMMENDATION: Mayor Lester closed the hearing at 6:28 pm. Mayor Lester stated he has heard their plan to get a survey but sometimes neighbors may disagree. Attorney Green stated they did a wonderful job on conducting the hearing. He suspects the homeowner’s insurance could cover the cost if someone got hurt and maybe she could provide confirmation of that.
Mayor Lester stated the Council has a few options as outlined in City Code 6-2-5, which could include removing dogs from town, requiring sufficient steps to confine the dog to prevent harm to the public and/or provide a surety bond or proof of liability insurance. Councilor Grant stated she was sorry to hear the passing of Jamie’s mother, but that doesn’t prevent her from needing to contain her animals. Councilor Winkler stated he agreed with everything Farris and Grant have said. Councilor Farris asked Jamie what a reasonable amount of time is, if the survey doesn’t happen in 30 days? Jamie stated they’d have the fence up before summer. Jamie is worried about chaining them up so asked if she could get an outdoor kennel instead. Farris stated she would like to have Jamie keep her dogs and get the chain link fence up. She felt they need to be on a chain, cable or kennel outside until the fence is up.
On motion by Amy Farris, second by Scott Winkler that we do away with the vicious dog for Jamie Russell, 420 North A and that Jamie keep the dogs on a chain, cable or kennel outside until the fence is up and that the City receives proof of insurance coverage through the homeowners policy. ROLL CALL VOTE: YES: Canaday, Farris, Winkler, Lane, Grant, Peterson. NO: none. The motion passed.
POLICE AND ANIMAL CONTROL REPORT: Chief Newman reported the City had 89 calls for service and 35 reports taken. Cody Vance was introduced as the newest officer; he’ll be going to the academy the beginning of May and should be back at the end of August.
GEM GRANT SPONSORSHIP FOR BANDSHELL: Todd Marek was present to answer any questions. City Administrator Kennedy stated she visited with Jenny Hemly with the GEM Grant division of Department of Commerce and was able to get her questions answered. The GEM grant should require less work; however Kennedy asks that if sponsored, the bandshell group would have a designated contact that would prepare and approve the invoices prior to submitting to the City to pay. The City will pay upfront and then get reimbursed through the grant. On motion by Councilor Winkler, second by Councilor Grant to sponsor the GEM grant for the bandshell. Motion carried by a unanimous vote of the Council present.
BILLS: The bills, in the amount of $172,741.98 were approved and ordered paid out of their respective funds, on motion by Councilor Peterson, second by Councilor Canaday. Motion carried by a unanimous vote of the Council present.
LIVING IN A BOAT OR CAR: Mayor Lester stated it appears we have people living in cars and a boat in the City. Chief Newman stated we have had people living in cars, but the boat is a first. Chief Newman asked how you determine if someone is living in a car and how do you make it enforceable if a law is created.
Councilor Farris stated she’s been giving this a lot of thought. It is hard right now and she is happy if they are inside, warm and not a nuisance. She doesn’t want them on the sidewalk.
Councilor Grant stated a lot of people are fearful of vagrants in their neighborhood. Councilor Farris stated we already have a camper ordinance that’s hard to enforce and this would be another issue on the books. Councilor Canaday felt this would give the police something to stand on if needed. Councilor Winkler questioned what constitutes living in a camper? Councilor Farris thinks we’ll see more of this happening. She doesn’t agree with it but at least they are contained and not a nuisance. She felt we should let them be. Councilor Grant thinks trying to address this is just something else that’s hard to enforce for city personnel. Mayor Lester asked if we needed something for different areas? Attorney Green stated this is very tough. There is a distinction between living in a car on private property or on the street. The question is what you want to do.
Councilor Farris felt it would be foolish to address living in cars when we already can’t address what we have on the books. Mayor Lester stated RV spots are expensive and they are full all over. Farris stated if they are in a car, it’s legal and maintained leave them be. Councilor Canaday asked if we needed to have a designated spot for car living. Chief Newman stated we aren’t Portland. If it worsens, then it could be addressed in the future. Mayor Lester asked if the department gets complaints from people. Chief Newman stated if people park in residential areas some neighbors notice and are concerned. They call the police to see if they can be moved. It’s very difficult to make people move along. He would not designate a place to park.
IDAHO COUNTY REQUEST TO PURCHASE LAND BY THE AIRPORT: Mayor Lester stated Commissioner Ted Lindsley asked at a previous meeting if the City might be willing to sell land to the County for possible airport expansion. Lester felt the Council needed to give a formal response to the County. The property is currently on a farm lease for five years. The city still doesn’t know what the sewer permit is going to require for temperature and flow requirements. Until DEQ decides what they will require, Lester didn’t feel the City can promise any land. We already told ARF that we can’t commit or get rid of any land. The City will use a portion of this property for a new well. The County was asking for approximately 20 acres along Airport Road for possible expansion. Councilor Canaday felt the City could maybe designate some of the ground for possible airport expansion. Ted Lindsley stated they just wanted the City to understand that the county might be interested in the land for future expansion.
City Administrator Kennedy explain she visited with Kayla Brown at JUB Engineers on the Idaho County Airport Master Plan Update that showed the possibility of future expansion of the airport to the south along with other modification. Kayla explained the master plan clearly stated the County would need to acquire property from the City to expand to the south. The County would like the City to know they are interested in the property in the future if the City decides to sell it. Councilor Farris felt it was great to keep in the back of the mind of the Council in case we can do something in the future.
Commissioner Ted Lindsley was asked if it was clear enough to the County that the City couldn’t do anything at this time but the Council is aware the County is interested in it for future expansion. Ted responded it was clear and the County understood nothing could happen at this time.
DISORDERLY CONDUCT ORDINANCE CHANGE: Attorney Green stated the old ordinance wasn’t worded sufficiently so he reworded the section on disorderly conduct to better fit the situations our department uses.
ORDINANCE NO. 956
(Ordinance No. 956 in its entirety on file in the City’s Ordinance File)
AN ORDINANCE OF THE CITY OF GRANGEVILLE, A MUNICIPAL CORPORATION, STATE OF IDAHO ADOPTING THE LATEST VERSION OF THE INTERNATIONAL BUILDING CODE, THE INTERNATIONAL RESIDENTIAL CODE, THE IDAHO STATE PLUMBING CODE; AND THE NATIONAL ELECTRICAL CODE; PROVIDING EXCEPTIONS; PROVIDING FOR SEVERABILITY; REPEALING ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE.
On motion by Councilor Peterson, second by Councilor Canaday 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. ROLL CALL VOTE: YES: Canaday, Farris, Winkler, Lane, Grant, Peterson. NO: none. The motion passed. Mayor Lester then declared Ordinance No. 956 duly approved and adopted.
ITEMS TO NOTE:
• Spring Clean Up Week May 9, 2022 – May 13, 2022 and May 2, 2022
• Avista representatives will be present to provide an overview of the community survey “13 ways to kill your community” which was sent out in the fall of 2019
The meeting adjourned at 7:10 P.M.
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Wes Lester – Mayor
ATTEST:
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Tonya Kennedy – Clerk
