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HomeMy WebLinkAbout1980-01-29city council minutesBook 21 Page 24 SPECIAL MEETING January 29, 1980 12:00 Noon The Special Meeting was called to order by Mayor Pasley. The Roll of the City Council was called with the following members present: McCluskey, Betts, Williams, Raymond, and Carter. Absent: Hopper. (BID OPENING FOR AGRICULTURAL CHEMICALS) The Mayor stated that the first item for consideration was a. bid opening for spray materials. The Notice of Request for Bids was as follows: Notice is hereby given that the City of Caldwell will receive bids consisting of miscellaneous agricultural chemicals at the office of the City Clerk, 704 Blaine Street, until 11:00 a.m., January 29, 1980. Bids received later than this assigned time will not be considered for award. All bids will be publicly opened 12:00 noon, January 29, 1980, and read aloud in the presence of the bidders in the City Council Chambers. Proposals shall be prepared on form supplied by the City of Caldwell. All proposals shall be accompanied by bid bond, certified check, rashers check or cash in the amount of five percent (50) of the amount of the proposal. Said bid security shall be forfeited to the City of Caldwell, Idaho, as liquidated damages should the successful bidder fail to enter into contract in accordance with their proposal as specified in the Request for Bid P/F I. All materials shall conform in strength, quality of materials and iaorkmansbip.to what is provided the trade,-­tin general. The City of Caldwell is exempt from Federal and State taxes and will execute the required exemption certificates. The date of delivery is an essential element of the proposal and may be decisive in awarding the bid. Delivery of materials shall be F.O.B., Caldwell, Idaho. Bids shall be submitted on the proposal form furnished sealed in an envelope marked on the outside, "Bid for Agricultural Chemicals P/F I ". The City of Caldwell reserves the right to reject any and all bids, to waive any informalities in the bids received, and to accept the proposal deemed most advantageous to the best interest of the City. The bids were as follows: F.M.C. Corporation of Caldwell. There was a cashier's check in the amount of $916.00.• Their bid was 2,300 gallons of Methoxyclor at $7.35 a gallon; $16,905.00. Diazanon; 500 AG, 5 gal nonreturnable cans; equivalent product Diazanon 4EC five gallon cans $21.80 a gallon for a total of $1,417.00 The delivery date was fourteen days from receipt of order. Steve Regan Company of Caldwell. There was no bid submitted for the Methoxyclor. Diazanon; 65 gallons at $24.00 a gallon; $1,560.00. Delivery would be five days from receipt of order. There was a check enclosed for $78.00. Wilbur Ellis Company of Caldwell. Their bid for Methoxyclor was 2,300 gallons at $6.88 a gallon; $15,829.00. Diazanon; 65 gallons at $21.20 a gallon; $1,378.00. A check in the amoun of $900.00 was enclosed. There was no delivery date. The Mayor pointed out that the best delivery from receipt of order was requested with the bid request. Book 21 Page 25 Van Waters and Rogers of Boise. The bid for Methoxyclor was 2,300 gallons at $7.05 a gallon; $16,215.00. Diazanon; 65 gallons at $20.00 a gallon; $1,300.00. Delivery date: ten days. There was no check enclosed. MOVED by McCluskey, SECONDED by Carter that the City Council turn these bids over to the Superintendent of the Parks Department to see if the bids comply with the specifications and bring back to the City Council for approval. Roll call vote. Those voting yes: McCluskey, Betts, Williams, Raymond, and Carter. Those voting no: none. Absent and not voting: Hopper. MOTION CARRIED (SALE, TRADE, OR LEASE OF THE OLD JEFFERSON JUNIOR HIGH SCHOOL) The Mayor stated that this was the time set for the sale, trade, or lease of the old Jefferson Junior High School from Eleventh Street extended to Twelfth Street; and between Dearborn and Everett Streets. The law requires that the City Council pass an intent to sell which was done on October 15, 1979, and it requires an appraisal which was done and dated December 14, 1979. The appraised price was $56,000.00. The law further states that it must be sold at a public auction to the highest bidder and the City Council retains the authority to reject any or all bids. Terms of the sale will be ten percent down as of time of purchase and the balance within six months. The deed will be delivered when the six month's period was up or sooner if the purchaser desires. It was the intent of the City Council to require that work of some kind be started on improving the property within a year. Councilman Hopper entered the Council Chambers and was noted by the Clerk that he was present for the meeting. The Mayor then read to the audience the appraisal that was made by Wallace Frank and Glen Koch which was in the amount of $56,000.00. The Mayor then opened the auction of the property with the first bid at $56,000.00. The Mayor explained that they would add increments at a $1,000.00. The bidding process was accomplished with a high bid of $101,000.00 from Bob Bushnell. (PRESENTATION OF BID TO THE CITY COUNCIL) The Mayor then stated that at this time he would like to present to the City Council the high bid of $101,000.00 fox the old Jefferson Junior High School block. He explained again that the Council has the right to reject any or all bids and would like to know what their wishes were in the matter. The Council did discuss briefly the zoning of the block which was R -3. MOVED by McCluskey, SECONDED by Raymond that the City of Caldwell accept the high bid of $101,000.00 by Bob Bushnell. It was the Mayor's suggestion that the motion include that work must start within a twelve month period.. Councilman McCluskey stated that he would add this provision to his motion; the SECOND accepted this addition. Roll call vote. Those voting yes: McCluskey, Betts, Williams, Raymond, Hopper, and Carter. Those voting no: none. Absent and not voting: none. MOTION CARRIED It was then MOVED by Hopper, SECONDED by McCluskey that the funds when received from the sale of the property be put into an investment and the determination of their long range use be determined at a later date. Roll call vote. Those voting yes: Hopper, Carter, McCluskey, Betts, Williams, and Raymond. Those voting no: none. Absent and not voting: none. MOTION CARRIED Book 21 Page 25 (DISCUSSION WITH REGARD TO THE PROPOSED ANNEXATIONS) The Mayor explained that John Pilote, Chairman of the Planning and Zoning Commission, requested that there be a discussion with regard to annexation. The City Attorney was present at the meeting to help with the discussion and to be sure that the Council and the Commissic do a proper job and follow the decisions of the Judge. Mr. Pilote was recognized and stated that his point was that he was concerned about some of the precedence that may have been established by the recent decision of the court. Ile further said that he felt that there was certain ramifications that go beyond just the annexation issue and that directly affects the Commission Probably, he said, what he was looking for was some discussion on the advisability of legal assistance as they go through some of these things at the Planning and Zoning Commission level. Pilote felt that with help they could keep themselves out of some of the problems. Councilman McCluskey seated that he felt that the City should proceed with every area that was previously tried to annex that was within the legal limitations. He did not feel that the City should. withdraw anything that can't be Legally annexed and then the ones that cannot be legally annexed the City should anticipate that the next go around the City would annex those. Mr. Pilote said that he agreed with Councilman McCluskey on the annexations, but his point was not the annexations. It was the fact that so many problems were coming, up and apparently they were making some mistakes which were not intentional. It was their desire to help the Council get the thing done and they just didn't seem to be getting there. Councilman Raymond asked if one of the problems was the Plan Change and the time table involved. Mr. Pilote said that with the issue of annexation, this was true. It was his understanding that before the annexation process can start over once again on the recommendation of the Planning and Zoning Commission on a Plan change recommendation must be made. The Commission had previously agreed to make a decision in January of their semiannual recommendations, but had delayed making this recommendation to give the Council time to decide which direction they desired to go. The Commission decided to wait until February before making any decision and have continued to withhold a recommendation. If the Commission does make a recommendation to go on, they were bound by law to not make another recommendation for a period of six months. Councilman McCluskey stated that if the Council would agree to follow his recommendation as made with regard to annexation, then the suggestion should be directed to the City Attorney and the City Engineer and they would address the situation. Mr. Pilote then commented that it was obvious that some mistakes had been made, which were not intentional, but were done with what they thought was for the best interest of the City, and he felt that they should start over and do those things, but that he did thinI< that legal counsel was necessary to assist them to be sure that they were meeting the legal requirments of the law. The Mayor pointed out that one of the things that the Judge stated was that the Planning and Zoning Commission should hold public hearings on improvements to the areas and a time schedule for them. The City Engineer did do this, but there was not formal hearings with regard to this by the Planning and Zoning Commission. The City Council discussed at some length the problems and procedures with regard to annexation. It was again pointed out that the Planning and Zoning Commission was limited to making a recommendation to the City Council on a Comprehensive Plan Change to once every six months. There was also other matters pending other than just the areas of annexation. Book 21 Page 27 Councilman Hopper stated that he felt the issue that Mr. Pilote wanted to know was whether a six month delay would jeopardize the annexation, From an economic standpoint, He could not see any point in rushing through the next six mant.hs. It ,• could be no benefit to include them in the middle of the summer. He felt that to just Sao it before January of 1981 was soon enough.. Wayne Davis, the City Attorney, was recognized and informed the City Council of his opinions with regard to the court's decision regarding the annexations. He felt that if they all used judgment and discretion that he had no doubt that the annexations could be accomplished. The main thing was to correct the procedural errors and continue accordingly. It was agreed that the City Attorney would provide an outline regarding the annexation procedure and that he would work with the Planning and zoning Commission. It was also determined that a decision would be made before the next Planning and Zoning Commission meeting regarding the Plan Change. (DISCUSSION REGARDING IRRIGATION CHARGES) The Mayor explained that seven people have petitioned to get out of the Caldwell Municipal Irrigation District. These were brought before the Council and a recommendation was referred to Pioneer Irrigation to turn the applications down which was done. Of the seven, four were qualified as they cannot get water and even if they could they have nothing to use the water on. The suggestion had been made to reduce their toll by half. In this way, they would be charged for the drainage and distribution cost, but not for the water. The City Council had agreed informally at the Finance Meeting to proceed in this manner and it would be included on the Agenda for the Regular Meeting of February 5th. The Mayor then asked the City Attorney what his thinking was on this suggestion. Mr. Davis stated that he did not think that anyone could qualify to get out of the District completely as Pioneer had the water rights. Therefore, they would have the say as to whether anyone could get out of the District and they had stipulated that no one could. The Mayor pointed out that this reduction of charges would not let them out of the District and would not have any effect on Pioneer at all. It was the City of Caldwell's charge that would be reduced. Mr. Davis then stated that he felt this was all right as the City of Caldwell had the privilege to increase or decrease the rates if it was not bothering the water rights. Councilman Hopper pointed out that he felt it would be necessary to address the whole downtown area if they intended to reduce the rate for four of them. The Mayor then stated that the City could not give a reduction to all of them without drastically reducing income. The Mayor did feel that they were entitled to some consideration and perhaps for this year, since there was a limited number of them, they could establish a reduction in their charge and see if it brings on a flood of petitions. If it does, the City would have to go back to the original toll. It was suggested by Councilman Hopper that perhaps a study could be done to see what the economic impact would be if the rates were reduced. The City Engineer pointed out that there was 2,500 accounts and he would suppose that a good one- fourth or one -third of those would be properties they would have to consider. Economically, he did not feel that the Council could consider the reduction. Councilman Raymond stated that the Council would have to deny all seven petitions to withdraw. The Mayor said that this was already done previously with the recommendation to Pioneer Irrigation. Councilman McCluskey stated that J'.f the City establishes a precedence of letting these four people have a reduction, the City would be locked in and have to let others have the same reduction. He felt they should forget the whole thing. Book 21 Page 28 After further discussion, it was MOVED by Raymond, SECONDED by McCluskey to deny all .seven applications to withdraw from the Caldwell Municipal Irrigation District. Roll call vote. Those voting yes: Raymond, Hopper, Carter, McCluskey, Betts, and Williams. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Raymond, SECONDED by hopper that the City consider a special rate in the next budget year for nonusers of irrigation water. The Mayor said that in order to do this, it would be necessary to have an analysis as to how much this reduction in rates would increase the rates for others in the district. The Engineering Department was so busy that he didn't want to force them to do this analysis at this time. Councilman Raymond then stated that he would withdraw his motion, but he did feel that the Council needed to take a look at it and consider a special rate. The Council agreed that they should go easy on the matter and give the Engineering Department time to look it over.... MOVED by Raymond, SECONDED by IIopper that the City Council intends to look at a new rate structure for nonusers of irrigation water. Roll call vote. Those voting yes: Raymond, Hopper, Carter, McCluskey, Betts, and Williams, Those voting no: none. Absent and not voting: none. MOTION CARRIED (PRESENTATION OF EASEMENT) The City Engineer was recognized and said that he had an easement from Cordelia I-Iuett with regard to the pump station. He would request that the City Council accept this easement and instruct the Clerk to have it recorded. The easement was subject' — " to the following stipulations: The City agrees to connect the house sewer of the residence owned by the part= of the first part to the existing sanitary sewer along the roadway on the westerly side of the Riverside Canal. The party of the first part hereby agrees to give permission to enter upon the property she owns for the construction of the house sewer. The City agrees to leave the area in a condition equal to or better than it existed prior to construction and to replace the top soil free from rocks and gravel. The City agrees to restore the fencing of the front yard such that it will enclose the yard around the pump station. MOVED by McCluskey, SECONDED by Carter that the easement as presented by the City Engineer be accepted and that the City Clerk be instructed to have the easement recorded. Roll call vote. Those voting yes.: McCluskey, Betts, Williams, Raymond, Hopper, and Carter. Those voting no: none. Absent and not voting: none. MOTION CARRIED (RESOLUTION NO. 4 -80 - AGREEMENT WITH BOB ANDERSON CONSTRUCTION) The City Engineer was recognized and stated that he had an agreement that he would like to have the City Council approve. This was discussed with the Council previously and adequate insurance was secured. IIe read the Resolution in full as follows: RESOLUTION AUTHORIZING MAYOR AND CITY CLERIC TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CALDWELL AND BOB ANDERSON CONSTRUCTION. Book 21 Page 29 BE IT RESOLVED That the Mayor and City Clerk of the City of Caldwell 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 Bob Anderson Construction of Boise, Idaho, for blasting rock in a sewer trench on St. Joe Lane. Mr. Lewis also informed the Council that the amount specified in the Agreement to be paid to Bob Anderson Construction was $2,550.00. MOVED by McCloskey, SECONDED by Raymond that Resolution No. 4 -80 be passed authorizing the execution of the agreement with Bob Anderson Construction. Roll call vote. Those voting yes: McCluskey, Betts, Williams, Raymond, Hopper, and Carter. Those voting no: none. Absent and not voting: none. MOTION CARRIED (DISCUSSION REGARDING SEPTIC TANK SLUDGE DUMPING AT TREATMENT PLANT) The City Engineer informed the Council that he had been asked the question as to why the City limits septic tank sludge dumping at the Treatment Plant to Mr. Higer, The City has denied issuing permits to anyone who was not local. There had been requests from those who empty septic tanks into trucks to dump at the Treatment Plant. This has been unsatisfactory in the past because the City does not have an adequate dumping site. They have had to dump in manholes at the Plant during normal business hours and always leave a mess. The City over a period of time just simply did not renew the permits to do this dumping until it boiled down to just Higer being left. Higers do not dump in the Treatment Plant; they have their own dump area out behind their plant. They have built their own installation for dumping into the City's sewer to the City's specifications. There never has been any problems up to this time although there was a feeling of reservation when it first began. There has recently been an application from a lady in Nampa to use the Caldwell Plant which the City refused to give. She went to the State and the State called Mr. Lewis to discuss this problem. The State of Idaho suggested that the City of Caldwell increase the grant to include the proper dumping site. It was not in the original plan; they did not catch it and Mr. Lewis stated that he thought it was all right the way it was. But, Mr. Lewis continued, if the City cannot discriminate as they seem to think that Caldwell is at this time, then Caldwell will need a dumping site. Mr. Lewis wrote a letter to Mr. Capestany at Parametrix asking them to consider this and what it would take to get this done. Mr. Lewis said that he was assured and has a letter from the State saying that this was grant eligible. Parametrix does not want to proceed without authorization to increase that grant. The City Engineer said that he was here to discuss the matter with the City Council; he had no idea how much it would cost at this moment, but it would be the installation of the proper ramps, screening, tanks, pumps and what- ever was required to dump septic tank sludge there. Mr. Lewis said that he asked the State when he talked with them if the City could create regulations around which the City could operate and could the City limit the time for the dumping of the sludge without discrimination. Mr. Lewis was assured that the City could write their own regulations and could establish a fee. The State indicated that Caldwell would have to not allow the dumping at all or else make the service available to everyone. Councilman McCluskey stated that if the dumping at the Treatment Plant was stopped it would force a hardship on people who have septic tanks as they will have to be pumped. Mr. Lewis further stated that what he was asking was whether the City wants to increase the grant to provide the dumping site at the Treatment Plant as he needed to write a letter stating that the City of Caldwell Council will consider this. Mr. Lewis said that the Council would have an opportunity to look at the grant increase, but Parametrix would incur some costs in making the design. Councilman McCluskey suggested that the Council get a cost factor first and then worry about it. Councilman Hopper pointed out that Book 21 Page 30 the City Engineer did state that there would be costs incurred from the design through Parametrix. (SCOTTSDALE FIRE DEPARTMENT PERSONNEL TO BE HERE) Councilman McCluskey reported to the Council that the representatives from Scottsdale would be here next week and that it was hoped that a meeting with them could be scheduled with the surrounding towns. Councilman McCluskey was in hopes that everyone would be asking them questions, including the members of the Caldwell City Council. There being no further business, the meeting was adjourned at 1:25 p.m. APPROVED AS written THIS 5th DAY OF February 1980. Mayor City Clerk ATTEST: