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Home My WebLink About1971-05-14city council minutes598 Sanitation ------------ - ..---------- 3.60 Sanitation, Contract ------------- 7,053.70 Armors -------- -- ----------- - - --- -- 281.55 Irrigation ----------------------- 85.81 Cemtery Sinking Fund --- — __. - -_ —_ 82.05 L I.D. #65 ------------ ------ - - - - -- 55.00 L I.D. #66 ---- ----------- -- -- ---- 200.00 L.I.D. #67 ---- ----------- -- ---- -- 205. 2h Warrant Numbers 597 thra 665 G a eneral Fend P yr'ou, April - _--------- ` °------- --- --- ' 35,691.30 Warrant Numbers 666 thru 731, Special Fonda payroll, April ____ ___ ______ ___ __—______ 19,677.04 Warrant Numbers 732 thru 70, Water & Sewer Fend payroll, April ___ ____ __ ________ - -- 6.081.80 A vote was taken and the motion carried. It was moved by Councilman Keye seconded by Councilman Banks, that the meeting recess until 4 :00 on the 14th day of May, 1971. A vote was taken and the motion carried. the meeting recessed at 10:50 M. COUNCIL CHAMBERS MAT 14, 1971 hs00 P. M. The Council met pursuant to recess and acknowledgement of notice in the following form: We, the undersigned Mayor and Members of the City 0ouncil of the City of Caldwell, Idaho, do hereby owledge notice of a Special Mating of the said Oity Council to be held in the Council Chambers in the ' Hall of Caldwell, Idaho, at the hoar of 4:00 P. M. on the 14th day of May, 1971, for the transaction of business in connection with the following objects Bid Opening for construction work under Local Improve District No. 67, report on "burn out" of old cars, consideration of request for use of swimming pool by eating class of Senior Fighschool, consideration of loan offer from Ralph Smsed, discussion of recommend - n of City Planning Commission for moving of Airport to another location. Witness oar signatures this 14th day of May, 19711 Mayor Charles W. Carpenter presidNg. Upon Boll Call, the following Councilmen answered present: Charles C. Banks, Alfred H. mcluskey, Jay Martin, C. A. "Chet" Davenport, and Jame R. Dakan. Absent: James W. "Bill" Keys. Opening - L I. D. No. 67 Mayor Carpenter announced the purpose of this Special Meeting and, as the first order of business, led for the opening of bids for the construction work under Local Improvement District No. 67. City Engineer Mal Lewis explained Bid Schedule "B" and said prices here were for doing various ngs with the excavation material; that the Council would need to decide whether to go to 21st Avenue with excavation material from the kcal improvement District or, to go somewhere else. The following bids e opened and read by Item No. under both Schedule "A" and "B" with the total amount for each schedule ng listed belowr Cray Construction Co., Nampa, Idaho- Bid bond in amount of 5% of the amount of the bid. Bid Schedule A ---- -- ----------- - -_ ----------- - --- ----- - - -- -- $ 42,392.64 Bid Schedule B (without alternate amounts) 7 $ ' Been Construction Co., Nampa, Idaho- Bid bond in amount of 54 of the amount of the bid. Bid Schedule A °- -__ ----- ------ °-- ------ _ $ 38,904.36 Bid Schedule B (without alternate amounts) 6 120.61 $ 45,'024297 � � e I I A. & J. Construction Co., Homedale, Idehos Did bond in amount of 5% of the amount of the bid. Bid Schedule A --- — ---- ---------- — ------ ° °--------- ____ $ 42,440.28 Bid Schedule B (without alternate amounts) -- 6D.4 Councilman Keys entered the meeting at this time. City Engineer Mal lowis left the meeting for the purpose of checking the extension on the bids Report on "burn out" of old cars Mayor Carpenter then informed the Council of a call he had received from Mr. Davis of the State Highway ])apartment who was charged with the responeability of cleaning up along the highways 90 far as used car bodies were concerned. 7ha Mayor referred to a previous °barn out" of oars at Godfrey's Used Car Lot and said that now they were working with Bob & Johns; however, Bob & John's had a number of truck cabs and, in order to transport them, they had to have used oar bodies to weave in for bundling and they would appear at the next Council meeting to present ease type of program to get the Funk cars now within the City out to Bob & John's. He commented further in that when they had enough out there, they would barn them out, crush them, and then get rid of them; that he thought the Council should be thinking about this program and the City should also alert the City Comniasions in order to get as many junk cars out to Bob & John's as possible Posmission granted for use of City swim pool for Senior High School graduating close Mayor Carpenter then told the Council of a call he had received from Mrs. Ronald Heed wherein the Senior High School graduating class were trying to arrange a program for graduation night - they were working out something with the Elks Lodge and would like to have permission to use the City swimming pool from about 4s30 a.m. until breakfast time; that they would have parents and life guards there. Mayor Carpenter comment- ed in that it was a tentative program at this time and said he could see no problem in permitting the class use the pool. After a brief discussion; it was moved by Councilman Banks, seconded by Councilman Martin, that the for Graduating Class be granted permission for use of the City swimming pool as requested. In answer to question by the Clerk, Mayor Carpenter replied that no fee was intended. A vote was taken and the motion Fetter read from Ralph Smeed Mayor Carpenter then referred to receipt of a letter directed to Councilman Heys. Ise letter was read as follows: Ralph Smead April 22, 1971 Councilmen Bill Keys He s 21st St. Ext. City of Caldwell, Idaho Deer Bill, Please find enclosed my check # 2010 in the amount of $12,000.00 made payable to the order of Bhe City of Caldwell for the purpose(a) outlined in our discussion, more particularly on the 23at St. extension. An you will note on the reverse side of said check I have indicated It is to be a one year loan and at whatever rate (if any) you doom appropriate and in your sole discretion. Bill, please know that this is only to put down on paper something along the lines we discussed & not in any way to obligate you or anyone else, also I have discussed this with no one else. It is certainly an effort to shoos good faith, Please let me know if there is anything I can do to help and also please know that I am grateful for your effort(s) to gat things rolling. I've put my money where my mouth is.... I Respectfully yours, ESL_ encl. IS ck #2010 Registered letter (or cart) rot. recut The endorsement on the check was read as follows: M-9 4/22/71 budorasumt & deposit of this check constitutes a loan to the City of Cald- well for one year from date of this check at a rate of interest, if any, considered appropriate by Councilman 8111 Heys, His opinion shall be final. Said funds to be used on the 21st 3b. Extension. Mayor Carpenter then told the Council that the City Engineer was prepared to order the structure the project upon acceptance of this amount of money and upon approval of the expenditure by the Council. Mayor said he could see no harm 1n it and thought it would be a real good venture to go ahead with. The one cent gas tax to be received by the pity in the last quarter of this year was referred to i briefly discussed in that it had all ready been budgeted. Councilman Keys asked to give the Council a brief explanation and statedt "I'm not really out letting money for the.OLty: The Street Committee, in its meeting a while back, in pondering some way that might possibly use this fill material that is coming out of the Local Improvement Dlatrict and expedite 21st Street extension, came up with the idea that possibly (this was upon a little urging from Mr. Smeed) he was willing to put up the money for this structure, we could budget it next year in repayment in as h as we won't have as mach capital improvements for next year and then, we would possibly have enough fill that we could get over that creek and start the fill up the hill. It seemed about the next thing that we dad out there was to get this structure in so that the Most Packers could use it in going back and forth we could open that up. As it is now, we have to keep it fenced off and it isn't even a street thorough - a; so, in discussing this with Ralph, this was his answer." "1 think the Oouncil would have to understand t we would have to budget for this money next year to repay it." Councilman Martin inquired if there was any legal problem here? Could a City borrow money from a vats citizen? City Attorney Wayne Davis told Councilman Martin that he couldn't answer this right now as the position had hit him cold, however, in further discussion he said he was some concerned with a Section of Idaho Code (50 -1006) which he read in part as follows; "The mayor and council shall have no power to ropriats, issue or draw on the treasurer for money unless the same has been appropriated or ordered by inane, or the claim for the payment of which such order or warrant is issued has been allowed according the provisions of sections 50 -1001 through 50- 1042, and appropriations for the class or object out of ch such claim is payable has been made as provided in sections 50 -1001 through 50 -1042. Neither the city nail nor any department or officer of the corporation shall add to the corporation expenditures in any r anything over and above the amount provided in the annual appropriation bill for the year, except as sin otherwise specially provided; and no expenditures for any improvement to be paid shall exceed in any r the amount allocated for such improvement in the annual appropriation bill, provided, however, that hang herein contained shall prevent one held ( plus one (1) of the members of the full council from Bring the repair or restoration of any improvement, the necessity for which was caused by casualty or ident after such annual appropriation is made." In discussion which followed, comparisons were made between this offer and a previous arrangement h Caldwell Unlimited and the Caldwell Golf Association, as well as the feasability in that the structure Id be lose expensive now than at a later date. Councilman Martin pointed out that he was not against the idea but just wanted to make aura of the y's ground. He said that the 21st Avenue extension had been r000mmended by the City's planners also; that y had a land nee plan presented and were proceeding on the assumption that the City was going to include a; that he thought everybody was pointed in this direction. Councilman Martin also inquired if, somewhere ng the line, Mr. Based hadn't ooasaitted himself to putting $5,000.00 of hie own money in the project and, any of that money had ever been forthcoming. 601. Councilman McCluskey commented in that he thought the City had waited too long and that the $51000. was now uncommitted. Councilman Keys told the Council that there was quite a bit of work to be done on the elope up there, rocks to be blasted out, etc., and that Mr. Smsed was making plans to go ahead and do that himself where, before, it had been anticipated that this would be done by the City; so, Mr. Sneed would have some participation. He added that he didn't think that Mr. Smead had really changed his mind about the $$,000. but that he had had some strings attached and the City didn't move on it. I Councilman Davenport commented in that he could see where this proposal was different from the arrangement for the well at the Golf Course in that the Caldwell Golf Association had paid the bill through an agreement that the City could pay the money back at so much each year. The City Clerk, for clarification of Yr. Smeed's offer, commented in that am he understood the proposal; if the money was deposited to the City's account and warrants issued for payments of claims from those funds, the warrants would have to be charged to the appropriate appropriation and this would exceed the amount appropriated unless something also in that budget, of an equal amount, was not expended{ that this was the problem which the City Attorney had referred to. The City Attorney spoke further in that he wasn't sure Yr. Sneed could be protected on the basis of the City spending the money now and then making an appropriation next year. He stated that, in other words, could the city bind same future Council; that he knew this Council was acting in good faith here and he wasn't thinking about an election or anything, but, suppose that there was come casualty wherein most of the Council were to fade out of the picture; could they bind the next year's operation of the City? this, he said, was what the Council would be doing, in affect, and he would want to look into the matter further. After some further discussion, it was agreed that the City Attorney would research the proposal and give the Council a report at the next meeting. Recommendation of Planning Commission on moving Airport discussed Hayor Carpenter then referred to another item which he wanted to discuss with the Council and said that this was the recommendations from the Planning Commission that the City look into the necessity of the future removal of the Airport to another area. The Mayor said that he thought the Airport Cammittes, along with the Councilmen who were assigned to the Airport, should involve themselves in thial make a real good study, and then come up with a plan for presentation to both the Planning Commission and to the City Council as to the future needs of the Airport. He said he had some information in his office that had been brought to his attention which was available. Councilman MoCluskey stated that he thought this should be looked into; that he understood the J. R. Simplot Company engineers were supposed to come up with a plan for sons property at Simplots or in that area and, he also thought the Airport Ommaittee had two or three sites they had generally picked out with there being some drawbacks in comparison to the present location in being close to town. He said he +bought the City could eventually put the present airport property to good use but pointed out the problem of the initial cost factor in purchasing other land, unless a lease arrangement could be worked out, and he said that many thousands of dollars towards future development could be tied up unless the City was able to work through the one of Federal funds. In answer to the question, Mayor Carpenter stated that the Planning Commission didn't say anything about the further use of the present airport property but felt that, in future years, the present airport would be too small and, in talking to some of the members.of the Planning Commission, they felt that in the future there was going to be a need to have a secondary Airport from Boise and this should be considered also. Also, in answer to the question, Mayor Carpenter told the Wuncil that the City's airport was an airport for general aviation use in the overall program for the airport system in the Notion and did qualify for Federal funds; that the funds could be available for now sites and for construction; also, that there would be different means of obtaining financing through the various programs available and he thought these I were the things, as wall as others, that the Airport Committee should discuss, come up with a plan, and then present a program both in location, financing, etc. He said that any information be had weld be available 602 to the Airport Commission. After some further discussion, it appeared that the Mayor and Council were in agreement that the Airport Commission should develop a plan and then present their recommendations. Bid awarded for construction work in L I.D. No. 67 City Engineer Mal Lewis then reported concerning the bids for construction work in Local Improvemen District No. 67 and said that in the total bidding there was no way or any combination of any of the bids for excavation that would be lees than the bid by Base Construction Company so the Haas Construction Company was low. Yr. Lewis then explained in that the alternates under Bid Schedule "B" was to take all of the excavatio to 21st and, by including the alternates in the Haas Construction Company bid, the total price was $8,369.00 as compared with $6,120.61 by not including the alternates; that this made a difference of $2,288.39 which was the cost to haul all of the excavation to 21st. In answer to the question, Mr, Lawie stated that all of the excavation could be put there and, if so decided, he would put it where it belongs, up above the structure, and get a roller and compact it as it was placed in there. Be pointed out that he hadn't added the alternate bids on all of the bids because it was obvious that the Ease Construction Company was low bidder; that the total bid of the Naas Construction Company, without the alternates, was $45,02697 and with the alternate amount or $2,248.39 the total bid was $47,273.36 while the total bid of the Gray Construction Company, without the alternate difference was an amount of $49,653.94 and the total bid of A. & J. Construction Company, without the alternate difference was an amount of $49,620.76. Mr. Lewis then reoa mended that the Council award the bid to the Hess Construction Company and then decide about the excavation material. It was moved by Councilman Keys, seconded by Councilman McCloskey, that the bid for the construotic work under Local Improvement District Ho. 67 be awarded to the Haas Construction Company. A vote was taken and the motion carried. Excavation material to be hauled to 21st It was then moved by Councilman McClaskey, seconded by Councilman D3kan, that we accept the alternate amounts bid for excavation. Before calling for the question, Nmyor Carpenter inquired of the Council if they shouldn't also incorporate here their decision as to whether the $2,248.39 use to be paid by the City or be incorporated into the local Improvement District? In answer to the question, Mr. Lewis told the Council that it could be done one of two ways. He pointed out that the City's Street Department would receive a repayment for their work in the Local Improve- ment District and that money for financing the District could be borrowed in an amount for the fall cost of the work done in the DLstrictj then, the Street Department be reimbursed their repayment for work done lose the amount of $2,248.39. Otherwise, the Street Department would need to pay this amount from the present budget and this amount was not specified which would mean that the present budget for the Street Department would need to be underspent in some other area to keep within the appropriation. W. Lewis further explain- ed in that the City would be borrowing funds in both instances and said that the interest rate for tax anticipation notes was less that the interest on the interim financing of the Local Improvement District. He told the Council that the cost per foot in the Local Improvement District wouldn't be any different and agreed that it probably wouldn't be so hard to explains if the $2,248.39 were paid from the Street Department budget. Councilman MoOlaskey, with the consent of the second, withdrew his previous motion. It was theneoved by Councilman ItCluakey, seconded by Councilman Dakar, that we accept the alternate amounts bid for excavation and that the additi Ml amount of $2,248.39 be paid by the City cut of the Street Fund. A vote was taken and the motion carried. It was moved by Councilmen Martin, seconded by Councilman Davenport, that this Special Meeting adjourn. A vote was taken and the motion carried. The meeting adjourned at 5100 P. i4 ,oii;9