The City Council met in regular session on September 3, 2013 at 7:30 P.M. in the Council Chambers of City Hall.
Mayor Walker presided:
City employees present were Chief Drew, Public Works Director McFrederick, Attorney Green, and Clerk Kennedy.
MINUTES: The meeting was called to order and the minutes of August 19th were approved as presented by Councilman Peterson, second by Councilman Lester. Motion carried by a unanimous vote of the Council present.
BUDGET HEARING 2013-14: Clerk Kennedy read the budget numbers by fund and then explained the fee increases as follows: 3% increase in water and sewer and a name and fee change on the family tubing pass at Snowhaven. Mayor Walker invited public comment; none were made. The hearing closed at 7:35 p.m.
PUBLIC HEARING VACATION TED LINDSLEY: Ted Lindsley explained he recently did some building permit work on the Vista View apartments and it appears parts of the building and/or deck are currently in the alley. His attorney told him they couldn’t be sold if not on his property. He is requesting the alley be vacated. The alley runs north and south in Block 9 of the Lewiston Addition. Right now there is a storm drain that takes off to the northwest and under the Vista View building and parking lot and then runs toward subway. He is not aware of any services in alley.
Public Works Director McFrederick is not a big fan of vacating alleys. The City has tried to locate the storm drain and can’t. During discussions with Mike Curtiss, it was explained that part of the line was fixed in more recent years and some of it was in the alley. He would like to reduce the alley so the building isn’t on city property and maybe keep 8’ of the alley. Attorney Green stated the City could vacate down to 8’ and then reserve an easement for access in case there is a line in the vacated portion.
Mike Williams is a neighbor to the alley and he has a concern of his business not having access through the alleyway and felt it would reduce his property value. He has thought of having drive-thru access with the alley. He has a concern that maybe his sewer line runs across that area. He also doesn’t want to see the City give up property. He is ok with a portion of a vacation, but would hope for 10’ of usable access. From the survey to the chain link fence there is about 10’.
Councilwoman Dumas asked if a decision could be made to postpone until a later date so the City would have time to look at property lines. McFrederick felt that was a good idea. He’s not in favor of tearing down any buildings but he would like to keep right of ways for future expansion when necessary.
The hearing was closed at 7:55 p.m. A decision was postponed until the next council meeting. McFrederick will get together with Mike Williams on his sewer line and Ted Lindsley to review additional information and come back to the next meeting.
VISITORS: Vic Cline, Mt. Shadows Baptist Church at 215 North C Street is located on the corner of West North 2nd and C Streets. The church would like to install a 4’ chain link fence and playground equipment in yard. The fence is to keep the children safe when they are playing in the yard. On motion by Councilman Lorentz, second by Councilman Peterson to allow Mt. Shadows Baptist Church at 215 North C Street to construct at 4’ chain link fence within 50’ of the corner. Motion carried by a unanimous vote of the Council present. Public Works Director McFrederick asked that the playground equipment be 4’ tall or less if it’s in the vision triangle.
Michelle Barger, 420 E South 7th Street was present to request a variance to drill a well in the area of impact. The City originally acted on the request on April 15, 2013 and forwarded a recommendation to the County Commissioners. The County held a public hearing on the request in August; however they asked Barger’s to return to the City to re-state their case and to see if a compromise could be made.
Michelle had five points to present in favor of a variance to drill a well as follows:
1. Pump system: The current pump system is not efficient, they have low pressure and a looped system would be more expensive than drilling a well. It is a financial hardship. 2. The pump system is causing the electricity bill to skyrocket: The bills would be less without the constantly running pumps. 3. Inconsistent variances granted: Nolan Schoo and the new house on Grangeville Salmon Road were recommended. Bargers have low pressure just like the other two homes. 4. Annexing to the City would mean no livestock: They have horses, a cow, chickens, rabbits, pigs and pheasants at the house. 5. Code States: Residents within the area of city impact shall not construct a well unless a variance is granted. Residents within the area of impact shall not be required to hook up to City water.
Mayor Walker felt the Council should make a decision without using #3 above. The variance for Nolan Schoo was granted based on inaccurate information from Nolan and the previous Public Works Director, the property on Grangeville Salmon Road could not be serviced by the City due to their location, and the easements transfer with property and Barger’s were aware of them upon purchase of the property.
Councilwoman Dumas asked if the City was obligated for the future because Schoo’s got a variance. Attorney Green answered that each decision is a case by case basis.
The Barger’s request is to drill a well in the area of impact. Mayor Walker explained he received a call from Commissioner Rockwell after the Commission meeting letting him know the Barger’s were returning to the City on their request to see what kind of compromise the City can work out. Then it was stated the City really doesn’t want a bunch of wells and septic systems in the area of impact.
Discussion on sewer monitoring occurred. The meters for sewer are approximately $6,000.00 and they don’t work accurately. Without water usage there is no accurate measure for the sewer charge. McFrederick explained sewer meter will work ok if the flow is consistent and at least ¾ full. The meters do not work on flushes. There is a concern on who would maintain the meter and how it would be read since the above costs doesn’t include radio read if available. Mayor Walker stated it is not good for the City to have septic or lagoons in the area of impact. Councilman Lester asked how often the pool was drained in the sewer. Michelle explained the pool never goes through the sewer; it is drained on the ground.
Annexation was suggested however Michelle stated the pumping costs are too great and then livestock would be a problem.
Councilman Lorentz suggested maybe allowing a well for irrigation and livestock only. He has a hard time seeing how to have sewer and not water. Jim Barger suggested looking at the sewer costs and charging them a flat amount.
Councilman Lorentz felt their situation is different than others who have requested a variance and the main reason is they are already connected to City services. If the City allows them to disconnect, then other residents may decide they want off City services to request a well also. He feels the City’s decision should be no wells.
Councilman Houger asked Jim Barger what his plan was for his six acres if the City agrees to allow Kevin and Michelle to drill a well. Would Jim tap into their well too?
Jim Barger’s response was “I’m not going to tap into their well and besides if I build any houses on that property I’ve got there, I’ll be on 7th Street and I’ll annex into the City.” It was explained on the front part of 7th he’d be able to have a couple lots and if he subdivides Mr. Barger stated “he would be annexed and be into the City and have water and sewer.”
Attorney Green explained to the Council, in the area of impact if someone desires to drill a well, the City makes a recommendation to the County and then the County makes a decision on the variance.
On motion by Councilman Lester, second by Councilman Houger to stick with the original motion and not allow a well in area of impact for the Bargers. ROLL CALL VOTE: YES: Houger, Lester, Lorentz, Grant, Peterson. NO: Dumas. The motion passed.
Councilman Lester made a motion, second by Councilman Lorentz if the Commissioners do allow Bargers to drill a well, the City will allow them to remain on City sewer. The rate would still be a double rate but will be determined at a later date. Councilman Houger disagreed; the water is needed to determine an accurate sewer rate. Councilman Lester felt the City needed to compromise. He was worried about pool draining into the sewer system but if it’s not connected to the City sewer then he is ok with an estimated sewer. Clerk Kennedy explained the City has a couple properties with grandfathered wells that have estimated sewer. ROLL CALL VOTE: YES: Dumas, Lester, Lorentz, Grant, Peterson. NO: Houger. The motion passed.
Mayor Walker explained these types of decisions are really hard on the council. He thought about it all weekend as did most of the Council. The decision is not personal, but it is really hard.
Louie De La Torre, Elk Horn Lodge and RV, was present to ask for sewer relief from a total of 15 spaces down to 7 spaces. Louie explained the sewer in the RV Park was installed incorrectly and now he has problems with the sewer. He has six residents in trailers and other spaces are empty or the trailers are vacant and inhabitable. He doesn’t want to be charged for the spaces he doesn’t rent out. Clerk Kennedy explained her office could re-evaluate the sewer if the trailers were gone and there was no connection, but she was not able to give an exception when trailers and connections were available. Louie currently has the option of submitting monthly to the Clerk’s office for a reduction due to vacancies which cuts the sewer per space by half. By saving money on the monthly sewer bill, Louie hopes to save enough funds to replace the sewer and put in a 6” main in the RV park over time.
Mayor Walker felt a City employee would need to meet with Louie and inspect the RV Park. The trailers would need to be capped off and then Louie could come back to the City for a reduction. It was recommended he meet with McFrederick and come back to the Council in two weeks.
COMMITTEE REPORTS: The department had 51 cases written, 21 citations, 7 written warnings and 137 calls for service for August 2013. The Police and Animal Control Report for August 2013 was accepted as corrected on motion by Councilman Peterson second by Councilwoman Grant. Motion carried by a unanimous vote of the Council present.
FIBER OPTIC CABLE IN CITY RIGHT OF WAY: The request by Fatbeam to place fiber optic cable in the right of way from the Mountain View School District Office to the Elementary/Middle School was tabled until the next meeting as the Council had questions and felt a representative would need to be present to answer them.
POLICE SERVICE AND ADULT DETENTION AND DISPATCH: Chief Drew explained the agreement is the same other than a 6% increase this year with a 3% increase on the remaining years. The Idaho Law Enforcement Terminal System was originally financing mostly by Idaho State Patrol. This year they bumped some of the costs down to the local level. The 6% increase this year is to help offset some of the cost. On motion by Councilman Lorentz, second by Councilman Lester to authorize the Mayor and City Clerk to sign the dispatch agreement with Idaho County. Motion carried by a unanimous vote of the Council present.
EXERCISE STATION: Public Works Director visited with Angie Edwards who would like to have an exercise station installed at Lions Park. She thinks she could get a grant for the install. Councilman Lester felt the City continues to get more items through grants or donations that must be maintained at the cost of the City. The City would need to receive estimates on annual maintenance costs. It was also suggested she visit with the Lions to determine if they are in favor of the project. Then she should come back to the Council and present her proposal.
WWTP CLASSIFICATION: Public Works Director McFrederick explained the City is currently a Class III plant. The City knew after completion of the new plant work we would be pushing the class limit. At this time we are at 95 points and we need 75 to stay at Class III. In order to stay at Class III, J-U-B recommended eliminating compost, some lab testing and septage from vendors. McFrederick would like to eliminate compost and lab testing but keep the septage waste and install a septage station to regulate and bill the correct amount. A decision will need to be made by the end of the year.
PHASE II SEWER LINE CONTRACT: On motion by Councilman Lester, second by Councilman Peterson to authorize the Mayor and City Clerk to sign the contract with Western Construction for Phase II of the Sewer Line Project. . ROLL CALL VOTE: YES: Dumas, Houger, Lester, Lorentz, Grant, Peterson. NO: none. The motion passed.
NATIONAL LIFECHAIN SUNDAY: On motion by Councilwoman Grant, second by Councilman Peterson to grant permission to the National Life Chain to do their prayer on October 6th from 2:30 p.m. – 3:30 p.m. Motion carried by a unanimous vote of the Council present.
ORDINANCE NO. 885
(Ordinance No. 885 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, 2013, APPROPRIATING THE SUM OF $6,488,611.00 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.
On motion by Councilman Lorentz, 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. ROLL CALL VOTE: YES: Dumas, Houger, Lester, Lorentz, Grant, Peterson. NO: none. The motion passed. Mayor Walker then declared Ordinance No. 885 duly approved and adopted.
ORDINANCE NO. 886
(Ordinance No. 886 in its entirety on file in the City’s Ordinance File)
AN ORDINANCE OF THE CITY OF GRANGEVILLE PROVIDING FOR THE AMENDMENT OF SECTION 8-5-3-1 OF THE MUNICIPAL CODE OF THE CITY OF GRANGEVILLE RELATING TO SEWER RATES; PROVIDING FOR INCREASE IN SEWER RATES AND INCREASING THE RATES OUTSIDE THE CITY LIMITS OF THE CITY OF GRANGEVILLE; PROVIDING FOR THE RETENTION OF THE REMAINDER OF SECTION 8-5-3; PROVIDING FOR THE ORDINANCE BECOMING EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION; AND, PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH.
On motion by Councilman Lester, second by Councilman Peterson 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: Dumas, Houger, Lester, Lorentz, Grant, Peterson. NO: none. The motion passed. Mayor Walker then declared Ordinance No. 886 duly approved and adopted.
ORDINANCE NO. 887
(Ordinance No. 887 in its entirety on file in the City’s Ordinance File)
AN ORDINANCE OF THE CITY OF GRANGEVILLE PROVIDING FOR THE AMENDMENT OF SECTION 8-5-5 OF THE GRANGEVILLE MUNICIPAL CODE RELATING TO METER RATES; INCREASING METER RATES BY A THREE PERCENT (3%) RATE; REPEALING ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR ORDINANCE BECOMING EFFECTIVE UPON ITS PASSAGE, APPROVAL AND PUBLICATION.
On motion by Councilman Peterson, 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. ROLL CALL VOTE: YES: Dumas, Houger, Lester, Lorentz, Grant, Peterson. NO: none. The motion passed. Mayor Walker then declared Ordinance No. 887 duly approved and adopted.
RESOLUTION NO. 236
(Resolution No. 236 in its entirety on file in the City’s Resolution File)
The following resolution was introduced by Councilman Lorentz who moved for its adoption. Second by Councilman Lester.
A RESOLUTION OF THE CITY OF GRANGEVILLE PROVIDING FOR A NAME CHANGE AND INCREASE IN CERTAIN SNOWHAVEN FEES.
ROLL CALL VOTE: YES: Dumas, Houger, Lester, Lorentz, Grant, Peterson. NO: none. The motion passed. Mayor Walker then declared Resolution No. 236 duly approved and adopted.
ITEMS TO NOTE: 2013 Elections – Candidate Filing Period August 26-September 6, 2013. The Council received copies of the CEDA In Motion Newsletter for August 2013.
The meeting adjourned at 9:30 P.M.
Bruce Walker – Mayor
Tonya Kennedy – Clerk