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HomeMy WebLinkAbout1981-01-27city council minutesBook 22 Page 27 REGULAR MEETING January 27, 1981 12:00 Noon The Meeting was called to order by Mayor McCluskey. The Roll of the City Council was called with the following members present: Williams, Raymond, Mallea, Hopper, Carter, and Betts. Absent: none. OLD BUSINESS (THIRD READING OF BILL NO. 1 - VACATION OF PART OF OHIO SOUTH OF NIXON) The Mayor stated that this was the time set for the third reading of Bill No. 1 which was the vacation of part of Ohio South of Nixon. The Mayor then read Bill No. 1 by title only as follows: AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING APPROPRIATE NOTICE THEREFOR WAS GIVEN: DETERMINING THAT VACATION OF THE FOLLOWING DESCRIBED REAL PROPERTY SHALL BE MADE, TO -WIT: The Mayor then asked if there was any need for an explanation regarding this vacation prior to action being taken. Since there was no one, the Mayor asked what action the City Council cared to make. MOVED by Hopper, SECONDED by Williams that Bill No. 1 be passed and entitled Ordinance No. 1591. Roll call vote. Those voting yes: Hopper, Carter, Betts, Williams, Mallea. Those voting no: none. Abstain: Raymond. Absent and not voting: none. MOTION CARRIED (SECOND READING OF BILL NO. 3 - REZONE OF BLATCHLEY ADDITION) The Mayor then informed the City Council that the next item under Old Business was the second reading of Bill No. 3 which was to rezone part of Blatchley Addition from Twenty -first Avenue to Twenty - second Avenue. The Mayor then read Bill No. 3 by title only as follows: AN ORDINANCE CHANGING THE ZONING OF CERTAIN PROPERTY WITHIN THE CITY OF CALDWELL, IDAHO, FROM R -3 MULTI - FAMILY HIGH DENSITY RESIDENTIAL ZONE TO C -2 COMMUNITY COMMERCE ZONE AND DETERMINING THAT SAID CHANGE IN ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, IDAHO: REPEALING ALL LAWS, ORDINANCES, AND RESOLUTIONS IN CONFLICT HEREWITH. The Mayor then declared this to be the second reading of Bill No. 3. (SECOND READING OF BILL NO. 4 - REZONE PROPERTIES ALONG INTERSTATE) The next item on the Agenda was the second reading of Bill No. 4 to rezone properties along the Interstate. The Mayor read Bill No. 4 by title only as follows: AN ORDINANCE CHANGING THE ZONING OF CERTAIN PROPERTY WITHIN THE CITY OF CALDWELL, IDAHO, FROM R -2T MEDIUM DENSITY RESIDENTIAL ZONE TO C -3T SERVICE COMMERCIAL ZONE AND DETERMINING THAT SAID CHANGE IN ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, IDAHO: REPEALING ALL LAWS, ORDINANCES, AND RESOLUTIONS IN CONFLICT HEREWITH. The Mayor then declared this to be the second reading of Bill No. 4. CAWARD OF BID FOR BLOCK GRANT SEWER PROJECT, PHASE II) The Mayor then called on Mr. Lewis, City Engineer, to report with regard to the bid award for the Community Development Block Grant Sewer Project, Phase II. Book 22 Page 28 Mr. Lewis was recognized and gave his report as follows: The bids were reviewed and the extensions and additions were found to be correct. The low bid is that of II -K Contractors Inc., of Boise. I discussed the bid with representatives of H -K yesterday morning and asked them if they had any reservations about the bid at all. I was informed that they did not and wanted to proceed with the work as soon as possible. By telephone I have received approval of the contractor from Bill Hedley of the I-IUD office in Portland. Once the award is finalized, he has asked me to send. him evidence of the award and of the bidding. `- In questioning H -K repr`esent:atives, they have performed work of underground conduit systems for the Telephone Company in Caldwell, namely a project along Aven Street. They also did the overlay work on U.S. 30 from the Wilson Drain east toward Nampa. Gary Hazen, Resident Engineer in Caldwell for the IIighway Department, said that H -K had done some highway project in this area and did not make any adverse comments about their work. II -K informed me there would be no subcontractors on the job, therefore there would not be involvements with Federal regulations insofar as subcontractors are concerned. In my opinion the bid is in order and I would recommend an award to I -I -K Contractors, Inc., based on their bid of $39,622.00. MOVED by Mallea, SECONDED by Hopper that the City Council accept the recommendation of the Committee and City Engineer and the bid be awarded to the low bidder, H and IC Contractors, Inc., of Boise, Idaho, in the amount of $39,622.00. MOTION CARRIED '— (RESOLUTION NO. 5 -81 - AGREEMENT WITH H AND K CONTRACTORS, INC.) The Mayor explained that the next order of business would be to pass the Resolution authorizing the execution of the Agreement with H and IC Contractors, Inc., with regard to the bid just awarded for the Community Development Block Grant Sewer Project, Phase II. The Mayor then read Resolution No. 5 -81 in full as follows: RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT' BETWEEN THE CITY OF CALDWELL, IDAHO, AND H AND K CONTRACTORS, INC.,, OF BOISE, IDAHO. BE IT RESOLVED That the Mayor and. Clerk of the City of Caldwell, Idaho, be and the same hereby are, authorized to execute that certain Agreement attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell and H and K Contractors, Inc., for the construction of sewer extensions under funding for the Community Development Block Grant Sewer Project, Phase IT. MOVED by Mallea, SECONDED by Hopper that Resolution No. S -81 be passed authorizing the executLon of the Agreement with H and _ K Contractors, Inc. Roll Call vote. Those voting yes: Mallea, Hopper, Carter, Betts, Williams, and Raymond. Those voting no: none. Absent and not voting: none. MOTION CARRIED NEW BUSINESS (APPOINTMENT OF WARD STONE TO THE HOUSING AUTHORITY) The Mayor stated that the first '.item under New Business was a Book 22 Page 29 request from Lew Kerfoot to appoint Ward Stone to a five year term on the Housing Authority. MOVED by Raymond, SECONDED by Carter that approval be given for the appointment of Ward Stone to the Housing Authority for a five year term. MOTION CARRIED (DISCUSSION ON IDAHO TRANSPORTATION LETTER) The Mayor stated that the next item on the Agenda was a discussion regarding the letter received from the Transportation Department with regard to local federal aid funds be used only for right of way purchase and /or construction„ Mr. Lewis reviewed the letter and wrote the following memorandum with regard to it: Subject: Idaho Transportation Department's Consideration of Policies for use of Local Federal Aid Funds 1. Local Federal Aid funds for right of way and construction. The consideration is to not include preliminary engineering (field survey, design, preparation of bid documents) in the funding. In other words, this expense will be the responsibility of the local unit of government and credit can be given toward the local match (the city's matching responsibility). Time restrictions is the reason given. For projects the local government does provide the preliminary engineering and then applies for reimbursement. This process has been lengthy and sometimes the projects are not built and if a payment has been made, re- payment back to the federal government is usually required. Since Caldwell has not used local federal aid (Urban -D) funds other than to allow the State to use these funds for highway projects within the city, it would appear to me the above policy at this time doesn't affect the City. I was informed by the District office that the department had considered a policy of using the funds for construction only. Since rights of way within urban areas are costly and Nampa has been involved in a project that includes rights of way they have appealed to the department to include rights of way purchased as well as construction for eligibility under Urban -D funding. 2. As stated above since Caldwell has not used Urban -D funding, the matter of when projects are ready is not important at this time. 3. The total obligation for Urban -D funding according to the policy is to be the balance at the time of obligation plus 6 times the annual apportionment. The status of Urban -D funds available to the City of Caldwell at this time is that the current balance is approximately $650,000., The Highway 19 project is approximately $1,000,000.00. The last annual apportion was approximately $164,000. This then would mean the Highway 19 project has. used the current balance and in addition would require approximately 2 more annual apportionments. This means there are not Urban -D funds available to the City for any off- highway projects on the Urban -D system and there will not be for at least 2 more years. The Council, City Engineer, and Mayor discussed this item at some length. (DISCUSSION ON RELOCATION OF BOILER AT TREATMENT PLANT) The Mayor called on Mr. Lewis, City Engineer, to discuss this item. Book 22 Page 30 Mr. Lewis was recognized and reported that the reason for relocating the boiler was that it was close to the electrical equipment in the present boiler room. It was felt that the high temperatures created by the heating unit of the boiler would be .adverse to the electrical equipment. It was Jim Walker's opinion that the clearances were within, but very close to the requirements of the code and that the heat could be removed with an air conditioning system which has extended to the boiler room. It was discussed that to try to remove the heat by air conditioning would be a high maintenance cost which could practically be eliminated if the boiler were taken out of the present boiler room and relocated to the old chlorine room. Mr. Walker stated that Pa.rametrix wasn't aware of the fact that the pumping equipment and the valves were in such bad shape and needed replacement. Otherwise they could have been included in the work of the original plant. When inquiry was made with regard to leaving the -pumping equipment as originally intended in - " the specifications, Mr. Hollis, the Treatment Plant Superintendent, informed him that the equipment was twenty -five years old and some of it was worn out. Mr. Walker :informed Mr. Lewis that the contractor had given an estimate of $52,000 initially for relocating the boiler and for replacing hot water pumps and valves. In subsequent discussion, they found some parts of the estimate that were not relevant and it was reduced to $49,000. There was an item in the estimate of $13,000 for field supervision. The contractor acknowledged that this was very high, but said that he had to hold his personnel at the job site to do this work and this was compensation for that. The contractor acknowledged that he could reduce this figure some if he could get the go ahead as soon as possible. Mr. Lewis further commented that it appeared to him from the discussion that it would be well to try to get the boiler relocated and the equipment replaced. The cost to the City was going to be 100 of the additional work required which will be somewhere between four and five thousand: dollars. Discussed was the fact that both E.P.A. and the State would be required to approve the estimate and it appeared that the State had been questioning increases. It was Mr. Walker's opinion that there was in the original estimate of cost to the Treatment Plant a 10o contingency and to date the increases had not nearly reached this percent. Mr. Walker agreed that he would discuss the matter with both the State and E.P.A. and report back to Mr. Lewis. It was his opinion that iF the State and E.P.A. agreed and the City agreed to proceed immediately, the :figure of $49,000 could be reduced although he was hesitant to give any assurance that it would be reduced to $40,000. Mr. Lewis then said that Mr. Walker called him back after discussions with the contractor and the results of those were that the contractor, if he could get approval within a week, would cut his costs for the extra work in moving the boiler and. in providing for the pumps and valves to $42,640. They asked for an estimate and a description of the proposed work on which they could make judgment for approval and indicated they would try to do this within a week if the City's approval could be secured so the work could start immediately. Apparently the contractor was running out of work at the Treatment Plant and in order to keep his work load schedule, he needs to get an approval right away. The subject of how much overage on the Treatment Plant had occurred to date was als discussed and Mr. Walker said that it was in the order of $30,000. Mr. Lewis asked him if that included the proposed dumping site and Mr. Walker indicated that this was new work and not an addition to the planned work as was the boiler and was not being included in the evaluation of the contingency. The original contingency for the Treatment Plant itself was $100,000.___ Mr. Walker also discussed with Divola Nettles specifically the requirements for the 900 level. One of these requirements was submission of the 0 F M manual for the Treatment Plant which has to be submitted and possibly approved. It was Mr. Walker's estimate the 90o level would be reached in March. I-Ie would be ready to submit the 0 & M manual to the City the middle of February. nor. Lewis further commented that he agreed that he would discuss this matter with the City Council at this meeting as to what action the City of Caldwell would want to take with regard to proceeding with the work. Mr. Lewis stated that he felt it really should be relocated as the M & 0 expense would be high for the air conditionin Book ZZ Page 31 The City Council discussed this at some length. It was felt that the City would eventually have to face the upgrading some time and that the City attempt to get it on the 90% pay out. If it could not be found there, perhaps Revenue Sharing monies could be used. Mr. Lewis stated that he did not, think the City of Caldwell should assume this expense if it was grant eligible. If it was not grant eligible, then it should be brought back before the Council. This would be his recommendation. He further said that there would be a change order come through and the City Council approval would be for this change order which would probably be after the fact. MOVED by Raymond, SECONDED by Hopper that the City of Caldwell request from the State a change order under grant eligible funds for the boiler. MOTION CARRIED (BILL NO. 5; ORDINANCE NO. 1595 - CONFIRM ASSESSMENT ROLL FOR L.I.D. 80) The next item on the Agenda was the Bill to confirm the assessment roll for Local Improvement District 80. The Mayor read the Bill by title only as follows: AN ORDINANCE MAKING CERTAIN FINDINGS IN CONNECTION WITH LOCAL IMPROVEMENT DISTRICT 80 FOR THE CITY OF CALDWELL, IDAHO, INCLUDING THE NAMING OF SAID DISTRICT, THE CREATION OF SAID DISTRICT, THE HEARING OF PROTEST AND THE FINDINGS MADE THERE - AFTER IN CONNECTION THEREWITH: PROVIDING THE MEANS OF DETERMINING THE VALUE OF REAL PROPERTY IN SAID DISTRICT: SETTING OUT THE IMPROVEMENTS MADE, THE PROPERTY AFFECTED, AND THE BENEFITS TO BE RECEIVED BY THE PROPERTY ASSESSED WITHIN SAID LOCAL IMPROVEMENT DISTRICT: ASSESSMENT ROLL FOR SAID DISTRICT, LEVYING THE ASSESSMENTS CONTAINED THEREIN, PROVIDING FOR THE PAYMENT AND NOTICE OF SAID ASSESSMENTS, AND PROVIDING FOR THE FINALITY OF THE DETERMINATION OF THE REGULARITY, VALIDITY, AND CORRECTNESS OF SAID ASSESSMENT ROLL: RATIFYING THE PROCEEDINGS TAKEN IN CONNECTION WITH THE CREATION, PREPARATION AND ADOPTION 01; THE ASSESSMENT ROLL, THE HEARING HELD THEREON AND THE NOTICE: OF SAID HEARING AS TO SAID LOCAL IMPROVEMENT DISTRICT: PROVIDING AN EFFECTIVE DATE. The Mayor then asked Mr. Lewis, City Engineer, if he cared to comment with regard to this Bill.. Mr. Lewis was recognized and informed the City Council that this Bill was a different form than the ones used in the past. He had followed what he felt was the State Law. This Bill calls for semiannual payments and anticipates selling bonds in the way of financing the District. The passage of this Bill will establish the beginning of a thirty day open payment period and as far as he knew now the bonds would be dated March 1, 1981. MOVED by Williams, SECONDED by Betts to suspend the rules requiring the reading of a Bill three separate days and that Bill No. 5 be read the second time by title and the third time in full, section by section. Roll call vote. Those voting yes: Williams, Raymond, Mallea, Hopper, Carter, and Betts. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Mayor directed the Clerk to read the Bill the second time by title and the third time in full.. MOVED by Williams, SECONDED by Betts that Bill No. 5 be passed and entitled Ordinance No. 1595. Roil call vote. Those voting yes: Williams, Raymond, Mallea, Hopper, Carter, and Betts. Those voting no: none. Absent and not voting: none. MOTION CARRIED Book 22 Page 32 (RESOLUTION NO. 6 -81 - AGREEMENT WITH IDAHO TRANSPORTATION DEPARTMENT) The next item on the Agenda was the Resolution authorizing the execution of an Agreement with the Idaho Transportation Department which the Mayor read in full as follows: RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CALDWELL, IDAHO, AND IDAHO TRANSPORTATION DEPARTMENT, DIVISION OF HIGHWAYS. BE IT RESOLVED That the ,'Mayor and Clerk of the City of Caldwell, Idaho be, and the same hereby are, authorized to execute that certain Agreement dated January 27, 1981, attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell, Idaho, and Idaho Transportation Department, Division of Highways, for bridge` inspection of bridges within the jurisdiction of the City of Caldwell, Idaho. Mr. Lewis, City Engineer, explained that the City of Caldwell had two agreements on bridge maintenance now with the Highway Departmenl One of those agreements covers bridges that are on the Highway System and the other agreement was on all of the off system bridges By Federal Law, the State has been made responsible for the inspection of all bridges. The State hasn't had a great deal of success in dealing with the cities in which the cities themselves have engaged in the inspection program. The State was going to take over all bridge inspections fun6led and be responsible for them. In order to do that, they must have an agreement with each city and this agreement supersedes the other two agreements and simply says that the State will do the inspection and they will pay for it at no expense to the City. The City's responsibility will be to permit the State to do this and to notify the State within ninety days if bridges were removed or added. If the State finds that a bridge needs posting to limit the load, the City will be required to post it. Mr. Lewis recommended to the City Council that they approve the Resolution authorizing the execution of the Agreement. MOVED by Raymond, SECONDED by Betts, that Resolution No. 6 -81 be ---- passed authorizing the execution of the Agreement between the City of Caldwell and the Idaho Transportation Department, Division of Highways for bridge inspection. Roll call vote. Those voting yes: Raymond, Mallea, Hopper, Carter, Betts, and Williams. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PRESENTATION OF EASEMENT - WAYNE AND CAROLYN ERNST) The City Engineer presented an easement to the City Council which was for the alley behind the Pizza Hut. The vacation proceedings still need to be completed there, but this was an easement that he would recommend that the City Council accept. This easement was from Wayne and Carolyn Ernst. MOVED by Hopper, SECONDED by Williams that the City of Caldwell accept the Easement as presented by the City Engineer. (REPORT REGARDING BID FOR PICKUP FOR GOLF DEPARTMENT) MOTION CARRIED The Mayor asked for a report on the bids that were submitted for a pickup for the Golf Department. Councilman Carter was recognized and informed the Mayor and Council that the Committee met and reviewed the bids submitted for the pickup for the Golf Department. It was the recommendation of the Committee that the Council accept the low bid from Burns Chevrolet in the amount of $4,388.00. MOVED by Carter, SECONDED by Betts that the City Council accept the recommendation of the Committee and award the bid to Burns Chevrolet for the pickup for the Golf Department in the amount of $4,388.00 MOTION CARRIED Book 22 (COMMENTS FROM THE CITY COUNCIL) Page 33 Councilman Hopper stated that he had a comment that he would like to make. The Council had talked earlier in the year about having the salary of the part -time girl at the Fire Department charged to the Recreation Department. He thought at that time that it was the decision of the City Council. to do this, but apparently it has not been done. He would propose that it be done now. The Mayor stated that they might: consider leaving it in the Fire Department for now and when she was moved down to the Recreation -- Department for part -time it would all be charged to Recreation. Councilman Hopper said that his point was that the Recreation Commission was advised that this was what would happen. Council - woman Williams pointed out that it was not in the budget for the Fire Department and the Recreation Department did have monies budgeted for secretarial purposes which was never used. MOVED by Hopper, SECONDED by Carter that the Secretary's salary at the Fire Department be charged to the Recreation Department instead of the Fire Department retroactive to October lst. MOTION CARRIED (MAYOR'S COMMENTS) The Mayor reported that the Police Department had gone around town and ticketed a number of the abandoned cars that Mr. Sehon advised the City about in his letter to the Mayor. The Mayor wanted the Council to be made aware that the Police Department was checking on the cars. The next item that the Mayor reported on was the project undertaken by Troop 205 of the Boy Scouts under the leadership of Tom Whittemore. They have been constructing the barrier across the ditch through the Golf Course. The materials were furnished by a business in Caldwell and the boys have been doing the labor. The Mayor felt they should be commended for this project and he wanted to stress the importance of generating volunteer help. The Mayor then read the following letter he received from Larre' Robertson: I wish to take this opportunity to thank each and every one of you for your time and efforts in making your decision on my recent variance request. Although your decision was not in my favor, I do realize that each one of you had to take the time out of your busy schedules to come to my home and look at the construction and then take the time to hear my request. Your jobs are not glamorous in nature and far too often you are criticized for your decisions without your criticizers looking or taking account the various circumstances involved in your decision making process. One thing I have learned during this various request process is the dedication you, Mayor McCluskey, and your City Council has for this great city of ours. My family and I wish to thank you for your devotion to the betterment of life in Caldwell and will continue to show you our support. Thanks again,. /s/ Mr. and Mrs. Larre' Robertson and family The Mayor informed the Council that he received in the mail a mini -data card from the Idaho State Legislature. These cards Book 22 Page 34 were to keep the public up to date on bills that have passed through the Legislature. In the event that there was a particulaz interest, it was possible to send for a copy of the bill. (EXECUTIVE SESSION CALLED) The Mayor informed the City Council that he would like a motion to convene into an Executive Session for the purpose of discussing several personnel problems and an issue regarding property. MOVED by Hopper, SECONDED by Williams that the City Council convene into an Executive Session pursuant to Idaho Code, Section 67 -2345 to discuss personnel and property issues. Doll call vote. Those voting yeas: Hopper, Carter, Betts, Williams, Raymond, and Mallea. Those voting no: none. Absent and not voting: none. MOTT(1T7 OADDTL'n There being no further business, the Meeting was adjourned at 12:50 p.m. to convene into an Executive Session. EXECUITVE S%`SSICN January ?, 1981 1 :00 P.M. The Mayor called the Executive Session to order. After discussion the items at hand, the meeting was adjourned at 2:00 p.m. APPROVED AS written THIS 3rd DAY OF February 1.981. Coun i� m ..a -r�c -ter 1 — f fGC�d".E Rae � CO� I11an (...COL�nC �.._-G�✓�, unc z�lm C ouncilman Co ATTEST:; City ClerKL-1