November 18, 2019 Regular Meeting

City Council met in regular session on November 18, 2019 at 6:00 P.M. in the Council Chambers of City Hall.

Mayor Lester presided:

Councilmembers present:
Scott Winkler
Mike Peterson
Pete Lane
Beryl Grant
Dylan Canaday
Amy Farris

City employees present were Public Works Director Mager, Chief Drew Attorney Green and City Administrator Kennedy.

PLEDGE OF ALLEGIANCE

MINUTES: The meeting was called to order and the Council minutes of November 4th and November 7th were approved as presented by Councilor Peterson, second by Councilor Winkler. Motion carried by a unanimous vote of the Council present.

PUBLIC HEARING – ALLEY VACATION IN THE VICINITY OF 313 E NORTH 7th STREET:
• Staff Presentation: City Administrator Kennedy explained all the notices went out and publication occurred in the paper. Public Works Director Mager stated no utilities were located in the alley.
• Supporters: All three co-applicants, Del Houger, Travis Miller and Wayne Andrews, were present in support of the application. Gene Dandliker, an adjoining property owner, was also in favor.
• Neutral – none
• Opposed – none
• Hearing closed – 6:04 pm
On motion by Councilor Winkler, second by Councilor Peterson to have an ordinance created to vacate the alley for next meeting. Motion carried by a unanimous vote of the Council present.

VISITORS: Rhett Mahoney, Sts. Peter & Paul School, was not present; however he had submitted a request in writing for a 6’ chain link fence on the corner of Lake and S B and Lake and S C Streets that would be taller than 3’ within 50’ of the corner. Mager explained Lake and B currently have a 4’ fence and Lake and C have a 6’ chain link. The fence will be 12’ off the sidewalk on Lake Street. On B Street they will move the fence back to the west, so it’s not encroaching on B Street. On motion by Councilor Winkler, second by Councilor Grant to honor the request for a 6’ chain link fence taller than 3’ within 50’ of the corner at S B and Lake and S C and Lake Streets. Motion carried by a unanimous vote of the Council present.

POLICE AND ANIMAL CONTROL REPORT: The department had 118 calls for service, 21 cases written, 14 citations, and 0 written warnings for October 2019. The department is at four officers and new applications are starting to come in.

SNOWHAVEN REPORT: Mark Vandlik, the new Snowhaven manager is taking over this year. Last year he was the assistant manager. He is taking water samples, working on groomer maintenance, and getting the T-bar and tubing hill lifts up and running. He would like to try beer and wine on the hill as this is the first resort he’s been at that doesn’t have beer. He felt Snowhaven should harbor ski culture environment. Not everyone skis or tubes. When people are not on the hill, he would like to have some ambiance in the lodge and hopes the beer and wine could help provide revenue for updates. He has visited with ski patrol and they are supportive. They are limited on space in lodge, so he hopes to pick up propane heaters to have beer on the deck so adults able to watch kids. People are already drinking and this will help control on site consumption and may be a profit for the lodge. Councilor Farris asked how he plans to make sure cans aren’t out on slope. Mark stated the drinks would be opened and monitored in area. The City has checked with our insurance and with the state licensing board. He hopes with beautification of the lodge, maybe he could create a venue in the future during summer months. Mayor Lester stated during an early conversation, Mark had mentioned building a new deck next year for a beer garden. Mark – 1st resort he’s been at that doesn’t have beer. On motion by Councilor Winkler, second by Councilor Farris that the City of Grangeville moves forward with applying for a beer and wine license for Snowhaven. Motion carried by a unanimous vote of the Council present.

FIRE MINUTES: Councilor Farris stated how wonderful it was for Grangeville Health & Rehab to deal with police and fire during the Pleasant Valley Apartment fire. They were very professional and great to work with. On motion by Councilor Peterson, second by Councilor Farris to accept the fire training minutes of October 14 and 28, 2019. Motion carried by a unanimous vote of the Council present.

BANDSHELL LOCATIONS: Public Works Director Mager explained there are now two proposed locations for the bandshell because of the elevations eventually submitted by Hunter Edwards. The bandshell group hired an engineer to design the project. As they worked on ADA slope and design, they came up with two options. Mager felt the Council needed to decide what Pioneer Park should be. Is it a sporting park or venue/family picnic park? If it becomes a sporting park, the City may need to look at baseball fencing on Florence and South 1st. South 1st is also the designated detour route for ITD.

Mayor Lester explained the City originally approved the site for the bandshell in place of the existing pavilion and the City was going to build a new pavilion close to the pool and South 1st Street. The City backed out due to lack of funds to participate. Then the bandshell location was proposed at the location closest to South 1st Street where the City considered moving the picnic pavilion.

Option 1: The pavilion would be located close to the pool and South 1st Street. It would be approximately 14’ to the sidewalk by the pool. A stem wall may need to be poured. South 1st is extremely low in the gutter pan along that location. The east side of the pavilion is close to the trees, where they are trying to keep it away from main sprinkler trunk line, which is why it keeps crowding the pool. Some trees will need to come out and a picnic table would be removed. Drainage will want to drain toward pool so that will need to be dealt with.

Option 2: The pavilion would be located on the corner of South 1st and Florence. The trees on the corner would be removed as necessary. It doesn’t disturb hardly any infrastructure at Pioneer Park. The music will flow into business district. It spreads out usage of park to the whole park instead of all at pool. There is less crown in road so the ADA slopes are better. Public Works, including Ernie has quietly liked this option since the bandshell was proposed.

Mayor Lester explained any new structure would trigger ADA parking, which also requires parking that jogs into park.

Earl Musick stated the City has been talking about this for two years. The City needs to pick a spot and let them build it.

Krista Miller would like to leave the ADA parking on the street but use the existing pavilion as the location. She doesn’t want the building to block the view at her house. Right now she can watch her kids walk across the street and play in the park. The little kids use the park for baseball and soccer also uses it. If it’s built on the corner, she would need to sell her house and move.

Todd Marek explained some history. The City originally didn’t want to take the old pavilion down, so the bandshell was proposed in a different location. Then the City said they’d build a new one by pool. When the City found out costs, the City backed out, and the bandshell was moved close to South 1st in the spot the City was going to use. If the City moves the location back to the pavilion it would cost way more. After the engineer worked on it, the best spot is the corner of Florence and South 1st. The infrastructure for the sidewalk and driveway makes it very expensive.

Councilor Grant questioned if the committee was ok with the bandshell facing west if located on the corner. Marek stated yes, they are ok with it. Chief Drew was concerned about the setbacks/vision triangle on the corner and not being able to see into the bandshell. Marek explained there would be a 5’ opening on each side that allows you to see through it. Drew was ok with the explanation. Dave Wimer questioned if it really is the City against the bandshell committee of “your dream not ours”. Councilor Grant stated the City agreed to have the bandshell; the City just needs to find the best location. Mayor Lester stated there will always be a drawback to any location. Kids do play in the corner. Councilor Grant stated when she looked at the map she saw there is still a lot of green space. The City is trying to do the best for everyone. When asked about donations, Marek stated they have about $35,000 cash, with the potential of $10,000-$20,000 more cash. They have possible donations for lumber, siding, roofing and maybe electrical. The original quote from Schacher was about $65,000 for just the structure, however prices have gone up. The parking/ADA is the most expensive portion and they are trying to get it down around $100,000. The bandshell is not just for music, other groups could use it too.

Councilor Winkler felt Mager made some very good points. The corner location saves money on ADA requirements. He suggested moving it to the corner as there is less to take out and move in. Councilor Lane asked if it would really cause Krista to sell her house. Krista said yes. Mark Vandlik felt there were many locations in the area. Even up by the high school would be a great option with natural sloping. Marek stated the committee wants it where there are activities, which is at the park.

On motion by Councilor Farris, second by Councilor Winkler, to go with option 2 and have the bandshell located at the corner of Florence and South 1st Street if they want it in at Pioneer Park. Motion carried by a unanimous vote of the Council present.

BILLS: The bills, in the amount of $280,339.23 were approved and ordered paid out of their respective funds, on motion by Councilor Peterson, second by Councilor Farris. Motion carried by a unanimous vote of the Council present.

ANIMAL CONTROL ORDINANCE: Kennedy explained the proposed ordinance removes cats from the chapter on animal control and cleans up a couple conflicts relating to rabies vaccines and poultry in City limits.

Lynn Ray is opposed to getting rid of cats from the ordinance. She takes pride in her home and loves gardening. Her garden and yard were used as litter boxes by various cats which has cost her a lot of money in clean up. She does not feel it is right for neighbors to let their cats run at large, leaving their messes for others to clean up.

Mary Ann Davidson with Animal Ark was present to offer support for Chief Drew’s suggestion on revising the animal control chapter. She understood and was sorry Lynn was having a problem, however the issue is what do you do with them? Animal Ark is all volunteer. To foster cats or find homes for cats is very difficult. There are cat colonies all over. We need to trap, spay/ neuter and then return the cat to colony. This keeps the colony intact but because they are feral, they die faster. This keeps a new colony from moving in. Animal Ark hopes to work with the Chief to trap, spay/neuter and release. The biggest problem with cats is they are not dogs. They can’t be contained like dogs. Cats on leashes don’t work. Animal Ark is limited on resources; however from October 2018 – October 2019, they were able to spay/neuter 395 animals in Idaho County.

Chief Drew explained homeowners do have civil remedies. Attorney Green stated there are civil remedies in court where you can sue your neighbor in small claims. He understands it doesn’t make people happy but there are limited government resources and the City needs to prioritize resources.

Attorney Green stated historically we have not prosecuted someone for cat violations. It has not been utilized in the past. The City doesn’t have a fulltime ordinance officer. To ask a police officer to manage cats during their day is difficult. If you want to have an ordinance that regulates cats you need to have resources in place to do so. Historically you haven’t and it doesn’t look like you will in the future. Kennedy explained in the last four years, 24, 27, 42 and 24 cats tags were purchased.

Chief Drew explained he and Animal Ark are committed to the spray/neuter release program. No matter what happens tonight, no cats will be impounded as Animal Ark can’t take them in a timely matter.

ORDINANCE NO. 939

(Ordinance No. 939 in its entirety on file in the City’s Ordinance File)

AN ORDINANCE OF THE CITY OF GRANGEVILLE PROVIDING FOR THE AMENDMENT OF CHAPTER 2, TITLE 6 OF THE MUNICIPAL CODE OF THE CITY OF GRANGEVILLE RELATING TO DOGS AND ANIMALS WITHIN THE CITY; PROVIDING FOR PENALTIES FOR VARIOUS VIOLATIONS THEREOF; PROVIDING FOR LICENSING, IMPOUNDING AND BARKING ANIMALS; PROVIDING FOR PROCEDURES FOR VIOLATIONS; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE ORDINANCE BECOMING EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION.

On motion by Councilor Peterson, second by Councilor Winkler 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. 939 duly approved and adopted.

ELECTION RESULTS: Kennedy reported the official election results as canvassed by Idaho County: Amy Farris 448, Pete Lane 461, Lance McColloch 312, Michael B. Peterson 396 with a 34% voter turnout. On motion by Councilor Peterson, second by Councilor Farris to accept the official election results as submitted by Idaho County. Motion carried by a unanimous vote of the Council present.

MEETING DATE: The majority of the Council is attending the AIC Fall Academy in Lewiston on December 2nd. On motion by Councilor Farris, second by Councilor Canaday to move the 1st meeting in December to December 3rd at 8:00 am. Motion carried by a unanimous vote of the Council present.

MANUFACTURE HOME ORDINANCE: Kennedy explained the city code currently references an old Idaho Statute in the definition of a manufactured home. This ordinance revises the definition to reference the Idaho Manufactured Home Installation Standard.

ORDINANCE NO. 940

(Ordinance No. 940 in its entirety on file in the City’s Ordinance File)

AN ORDINANCE OF THE CITY OF GRANGEVILLE PROVIDING FOR THE AMENDMENT OF TITLE 10, CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF GRANGEVILLE RELATING TO THE DEFINITION OF MANUFACTURED HOME; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR THE ORDINANCE BECOMING EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION.

On motion by Councilor Peterson, second by Councilor Lane 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. 940 duly approved and adopted.

EXECUTIVE SESSION: On motion by Councilor Peterson, second by Councilor Canaday to go into Executive Session according to Section 74-206 (c) To acquire an interest in real property. ROLL CALL VOTE: YES: Canaday, Farris, Winkler, Lane, Grant, Peterson. NO: none. The motion passed.

The Council returned to regular session. No action was taken.

The meeting adjourned at 8:35 P.M.

_________________________________
Wes Lester – Mayor
ATTEST:

_________________________________
Tonya Kennedy – Clerk

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