The City Council met in regular session on July 5, 2022 at 6:00 P.M. in the Council Chambers.
Mayor Lester presided
Councilmembers present:
Mike Peterson
Scott Winkler
Beryl Grant
Dylan Canaday
Amy Farris
Pete Lane
City employees present were Public Works Director Mager, Attorney Green and City Administrator Kennedy. Chief Newman absent.
MINUTES: The meeting was called to order and the minutes of June 20th were approved as presented by Councilor Peterson, seconded by Councilor Canaday. Motion carried by a unanimous vote of the Council present.
VISITORS: Patrick and Marietta Holman, Walco were present to ask for a 16.2% increase. They explained they should have been in last year but they thought they could keep the rates steady after coming out of COVID, however fuel and insurance continue to increase along with other costs. They are willing to meet with the Council to look at the records in more detail if needed. They also understand there will need to be a public hearing since the increase is greater than 5%.
COMMITTEE REPORTS: On motion by Councilor Peterson, second by Councilor Lane to accept the Fire Minutes of May 9 and 23, 2022. Motion carried by a unanimous vote of the Council present.
ANIMALS: Mayor Lester stated the Council is discussing the number of animals allowed on a lot in residential zone B and industrial zone D. Currently the code reads as follows:
10-4B-1 reads: One cow, two (2) horses, two (2) sheep, two (2) goats, two (2) llamas, rabbits, and poultry may be maintained in buildings or enclosures when approved by the health board and when the facilities for operating any such animals meet the approval of the health officer and/or the planning and zoning commission and do not cause offensive odors, noises, or disturbances to people in the neighborhood.
Mayor Lester stated the Council is only considering changes to the animals allowed in residential zone B and industrial zone D and then asked for public comment.
Ashley Szudajski, 119 E North 2nd has a ½ ac lot. She wants chickens to be allowed in residential zone A. Moscow and Lewiston both allow fowl based upon square footage in town. Other communities around Grangeville have voted to allow fowl and some also allow rabbits. As far as other animals, Ashley suggested rather than limiting the number of animals, consider adopting a square footage requirement for animals.
Aaron Monzon, 306 N C, questioned why the City is changing it now. They bought the property they did because they have a horse. They want to make sure they don’t lose the rights when they bought the property to be able to have animals.
Adrian Hall, 923 Crooks wanted to make sure the city isn’t getting rid of all the animals as they bought their property so they could have the animals. They moved where they did because they knew what was allowed.
Councilor Winkler stated some of the residential zones could be right next to the industrial zone. Councilor Farris felt most of the comments were maybe triggered from not understanding a comment Councilor Grant made at a previous meeting. Grant had stated she felt livestock shouldn’t be allowed in town. Councilor Grant lives in zone A and doesn’t want animals by her which is why she bought where she did. Farris felt it was necessary to come up with a reasonable number of animals for properties, to make sure the ordinance is clear and everyone is on the same page.
Kerstin Schmadeka, 207 E North 7th is zoned industrial. She didn’t understand the need for redundancy or for the need to change it when no one would have all those animals on a property. She questioned who is trying to take advantage of the situation. She also stated there has to be a boundary somewhere between zone A and industrial or any other zone. She bought property with a large lot so they could have animals. She felt the City should be able to issue a citation or have a penalty when the code is violated. Kerstin stated there were many people that didn’t come to speak as they were afraid there would be retribution.
Councilor Grant stated the city wasn’t trying to put limits on them but rather trying to correct the ordinance as it doesn’t work the way it is written.
Councilor Farris stated that’s the problem the city has. We have public hearings all the time. No one comes. She disagreed with Kerstin’s comment and said people use being afraid as an excuse not to voice their opinion.
Attorney Green stated if violated, the process is a civil action the city would need to initiate. It’s not a criminal action with a citation. If someone is in violation of the code, the council would need to determine if they want to have it be a criminal action. Listening to the concerns voiced, Green addressed non-conforming uses in the current code. If you have animals on your property, then you have a non-conforming use unless you stop using it for a year.
Aaron Monzon stated he understands the animals listed in zone B and industrial and doesn’t have a problem with them. He doesn’t want the council to limit the number of animals allowed, but to figure out how to deal with someone if they take advantage of it.
Kerstin Schmadeka asked if the city could put it to an actual vote so the people can vote. She was also concerned how non-conforming uses may affect 4-H and FFA kids if they want to change animals. She asked if there could be a clause for FFA or 4-H animals to be allowed.
Mayor Lester stated everyone voicing their concerns tonight has larger lots; however some people have smaller lots, even 50’ x 75’ and they could have all those animals on the lot.
Joe Wellard, 715 Crooks stated he has almost 1.5 acres and he supports not changing the ordinance but he would support some type of enforcement change.
NUISANCE HORNBECK: Attorney Green explained Chief Newman wrote a police report on the condition of the property of Patrick Hornbeck’s at 1004 N Junction. A notice to abate nuisance letter dated May 27, 2022 went sent to Mr. Hornbeck. The council needs to discuss the condition of the property and decide if the City wants to move forward to have the city attorney file a lawsuit to abate the nuisance.
Councilor Farris stated if any effort has been made to clean up the property it isn’t visible. The junk is creeping into the street. There are broken vehicles, appliances, stacks of tires, a trailer heaped with stuff, parts throughout the yard and the broke down pickup makes it difficult for garbage pickup. Farris felt it is an extreme fire hazard. With the mess, the alley is inaccessible.
Councilor Grant stated she gets complaints about property a lot. Councilor Peterson stated the grass is 2’ tall. Councilor Winkler stated the truck hanging out into the street and all the items mentioned are a clear violation of 6-6-1 and 6-6-3.
On motion by Councilor Farris, second by Councilor Grant that the conditions existing on Patrick Hornbeck’s property at 1004 N Junction, including junk vehicles, parts, tires, appliances and grass conditions constitute a nuisance in violation of city codes and direct the city attorney to take legal recourse to abate the nuisance. ROLL CALL VOTE: YES: Canaday, Farris, Winkler, Lane, Grant, Peterson. NO: none. The motion passed.
AUDIT ENGAGEMENT LETTER: On motion by Councilor Peterson, second by Councilor Winkler to approve the audit engagement letter with Zwygart John & Associates for fiscal year ending 9/30/22 for $19,900. ROLL CALL VOTE: YES: Canaday, Farris, Winkler, Lane, Grant, Peterson. NO: none. The motion passed.
TREE REMOVAL FROM RIGHT OF WAY: Public Works Director Mager met with Randy Wix and he stated the trees are dying and falling apart. Randy would like to take them out. The roots are starting to get in the curb and gutter and there are sewer roots in the sewer. There are about 4 or 5 trees to remove. On motion by Councilor Peterson, second by Councilor Farris to approve the request from Randy Wix, 704 S Hall Street to remove the dying trees in the right of way. Motion carried by a unanimous vote of the Council present.
ITEMS TO NOTE: Budget Meetings – July 11, 12 and 13, 2022 at 6pm
The meeting adjourned at 7:02 P.M.
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Wes Lester – Mayor
ATTEST:
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Tonya Kennedy – Clerk
