City Council met in regular session on April 3, 2023 at 6:00 P.M. in the Council Chambers of City Hall.
Mayor Lester presided:
City employees present were City Administrator Kennedy, Public Works Director Mager, Chief Newman and Attorney Jessup.
MINUTES: The meeting was called to order and the Council minutes of March 20th were approved as presented by Councilor Peterson, second by Councilor Canaday. Motion carried by a unanimous vote of the Council present.
VISITORS: Jordan Zwygart, Zwygart John & Associates presented the audit for FY22. On motion by Councilor Winkler, second by Councilor Grant to accept the audit for 2021-22. ROLL CALL VOTE: YES: Farris, Winkler, Lane, Grant, Peterson, Canaday. NO: none. The motion passed.
Terri Tackett, Animal Rescue Foundation (ARF) asked if she could comment when the Council discusses the items under unfinished business.
COMMITTEE REPORTS: On motion by Councilor Peterson, second by Councilor Canaday to accept the Library Minutes from March 16, 2023. Motion carried by a unanimous vote of the Council present.
On motion by Councilor Peterson, second by Councilor Lane to accept the Fire Minutes from January 9th and 23rd, 2023. Motion carried by a unanimous vote of the Council present.
VARIANCE PROCESS FOR WATER AND SEWER AND ANIMAL SHELTERS NOT ALLOWED IN ZONE D: Administrator Kennedy explained all the unfinished business items are interconnected. The water and sewer section of city code does not have a variance process to deviate from the requirements for water and sewer, which requires annexation prior to connection. The Council needs to determine if they want to have a variance process in this section. Neither kennels nor animal shelters are allowed in the industrial zone D and the Council can’t allow ARF to connect to water and sewer without annexation. The Council has the option of changing the allowed uses in zone D to allow kennels or shelters. If they chose to make the changes, any land uses changes must go through a Planning and Zoning hearing.
Councilor Grant stated one job of the Council is to grow Grangeville. If we allow people to connect to water and sewer when they are out of the city, we aren’t growing the city. The property needs to be annexed if contiguous. Councilor Winkler questioned if adding a variance process and changing allowed uses in zone D were both a long process. Kennedy explained amending the water and sewer section to allow variances would not have to go to the Planning and Zoning. Concerns were raised if a variance process was added, how would the Council ever get properties to annex. Attorney Jessup explained the Council would set certain criteria that would be required for a variance to be approved, so there would be consistency in the future.
Terri Tackett explained they don’t want to have kennels allowed, just an animal shelter. She felt the Council should leave existing uses as they are, such as blacksmiths which was an item brought up last meeting. Cottage industries are growing like crazy and blacksmiths are one of them. ARF’s real concern is without shelters being allowed, they could apply for a conditional use without the guarantee of approval. The ARF board also has concerns on the type of animals they may have at the shelter. They plan to be a no kill shelter so they couldn’t get rid of animals due to length of time. ARF needs to do research and planning on what the requirements would need to be. They are worried the city may have limits they put on ARF like type of animals, kennels and the number they can have. Terri could see them having maybe a rabbit, hamster, chicken, goat or some other animal. Conditional use permits can be revoked or they may need to reapply if they change a use. Terry then read a definition of a shelter for the Council to consider which was a place maintained to provide a temporary home for animals for adoption, and to euthanize those not suitable for homing. She felt the chance another person would want to open a shelter in the city is very low, so there would be low impact adding the definition. ARF didn’t feel a conditional use permit is in their best interest. If the zoning was changed, she felt the board would feel more comfortable with annexation. They would prefer to connect to city services; however the code is very clear you have to annex. If ARF doesn’t agree to annex, then their only choice is to drill a well and put in septic. She felt in the future, ARF would probably annex.
Attorney Jessup suggested creating a new definition of animal shelter as an allowed use in zone D. Councilor Grant felt animal rescue shelter would be a better definition then kennels. A kennel and shelter are two very different things. Jessup also suggested the definition include nonprofit or government language. Mayor Lester questioned if the council was favorable to adding animal rescue shelter to an allowed use in industrial. The Council felt that would be a good option.
Mayor Lester also let ARF know because their property is under 5 acres, a future Council could annex them and require connection to water and sewer, even though they could have spent money to drill a well and install a septic system.
Attorney Jessup stated ARF is currently opposed to annexation. He questioned if an animal rescue shelter definition is allowed as a use in zone D, does that alleviate their concerns. Terri stated yes it does. They do have board members that are concerned about rules the city would place on them. Attorney Jessup and Kennedy will work on a definition and set up a hearing before Planning and Zoning.
ANIMAL RESCUE FOUNDATION REQUEST FOR WATER AND SEWER WITHOUT ANNEXATION: No action as Animal Rescue Foundation is waiting to see if a shelter is added as an allowed use in the Industrial Zone.
RESOLUTION IN SUPPORT OF GRANGEVILLE ARTS PAVILLION IN THE PARK FOR GEM GRANT: Kennedy explained the grant has been submitted and they are just waiting on the resolution.
RESOLUTION NO. 292
(Resolution No. 292 in its entirety on file in the City’s Resolution File)
The following resolution was introduced by Councilor Peterson who moved for its adoption. Second by Councilor Canaday.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby supports and endorses an Idaho Gem Grant application for the Grangeville Arts’ Pavilion in the Park;
ROLL CALL VOTE: YES: Farris, Winkler, Lane, Grant, Peterson, Canaday. NO: none. The motion passed. Mayor Lester then declared Resolution No. 292 duly approved and adopted.
PROCLAMATION APRIL 2023 FAIR HOUSING MONTH: Mayor Lester proclaimed April 2023 Fair Housing Month in Grangeville.
The meeting adjourned at 7:00 P.M.
Wes Lester – Mayor
Tonya Kennedy – Clerk