Minutes of the Meeting of the Mayor and City Council of the City of Soda Springs, Caribou s1

MINUTES OF THE MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SODA

SPRINGS, CARIBOU COUNTY, IDAHO HELD DECEMBER 4TH, 2013.

MEETING CALLED TO ORDER AT 5:00PM BY KIRK L. HANSEN, MAYOR.

ROLL CALL SHOWED THE FOLLOWING PRESENT: KIRK L. HANSEN, MAYOR

RANDALL E. PRESCOTT, PRES.

LYNDA LEE

PRESTON PHELPS EXCUSED: MITCHELL J. HART

ALSO PRESENT: Mark Steele

Alan Skinner, Director

Carol Alworth

Tausha

Vorwaller, Clerk

Jon Goode

Clyde Nelson, Attorney via Telephone

Jim Smith

Dan Squires Spencer Winzenried

Austin E. Robinson Charles Fryar

Austin W. Robinson Sue Hansen

Jori Johnson

The invocation was given by Carol Alworth, Mayor Hansen then led everyone in the

‘Pledge of Allegiance’. The Council reviewed the minutes from the last meeting and the payroll and accounts

payable for November. Councilmember Prescott moved to dispense with the reading of the

th November 20 , 2013 minutes and approve them as written along with the payroll and

accounts payable for November, 2013. Councilmember Phelps seconded the motion. All in

favor, motion carried.

(SEE ATTACHED PAYROLL & ACCOUNTS PAYABLE REGISTERS FOR DETAIL) Spencer Winzenried introduced himself to the Mayor and Council as the new City

Recreation Director. Mr. Winzenried is married with their first baby due in February. He is

from a small town, Logandale, Nevada near Las Vegas. He graduated from BYU Idaho with

a 4 year degree in recreation and has been working part-time in Nevada. The Mayor and

Council welcomed Mr. Winzenried.

Director Skinner presented change order #7 for the Wastewater Treatment Plant Project.

Change order #7 is the final change order to the Edstrom contract for the project and

includes an increase of $6,393 for unsuitable material around the footings of the tertiary building, a deduction of $200,000 for a force account line item not used and a deduction of

$6,000 for liquidated damages. The total reduction to the contract of $199,606.

Councilmember Prescott moved to approve change order #7, seconded by Councilmember

Lee. All in favor, motion carried.

TH DECEMBER 4 , 2013

Director Skinner reported that the transformer supplier for the new sub-station

transformer has agreed to store the transformer for the City for 9 months, through

September 2014 and the warranty will begin when it is transported to the City sub-station.

Councilmember Lee asked how long it would take to get it here in case of an emergency.

Director Skinner mentioned that in case of one transformer going out the City can switch to

the other already in place at the sub-station but if the one in Pocatello was needed it would

probably take 6 to 10 hours to get it here and tied in.

Director Skinner reported on some informal quotes for the hydro trash rake system. He explained that he and Craig Hill want to buy a package that the City crew can install

themselves. The quotes were anywhere from $100,000 to $200,000 and anything over

$50,000 requires formal bidding. Director Skinner requested to proceed with advertising

and requesting formal bids. Councilmember Prescott moved to approve proceeding with

publishing a request for bids for a hydro trash rake package. Councilmember Lee seconded

the motion. All in favor, motion carried.

Director Skinner and Assistant Fire Chief Dan Squires updated the Mayor and Council on

the options for purchasing a new fire truck. The three options include declaring an emergency to take advantage of a demonstrator truck that may be available immediately,

piggy backing on a contract through the Houston-Galveston Area Council (HGACBUY)

cooperative purchasing organization which the City is a member of and used to purchase

the street sweeper and the third option is to advertise and request formal bids. Director

Skinner explained that formal bidding requires publishing two times, each a week apart

and opening bids 7 days after the last publication. Assistant Chief Squires mentioned that a

basic truck is around $300,000 with the needed equipment adding another $20,000 to

$30,000. He also mentioned that he has identified 20 different trucks through HGACBUY

that are roughly what the City needs; also there are 2 demonstration trucks that are each one year old that could work. Boise Mobile gave an informal quote of $365,000 that is very

comparable to the truck we have. Mayor Hansen recommended moving forward on all

three options and see which one works out best. The Mayor commended and thanked

Director Skinner and Assistant Chief Squires for time spent and research done.

Councilmember Lee moved to approve pursuing all three options at once, an emergency if a

truck becomes available, a piggy back through the HGACBUY if the right truck is found and

also advertise requesting formal bids. Councilmember Prescott seconded the motion. All

in favor, motion carried. Mayor Hansen directed Clerk Vorwaller to schedule a special

th meeting for December 27 , 2013 at 10:00am to review the bids. Mayor Hansen reported that he was contacted by a sub-contractor for the Union Pacific Rail

Road (UPRR) regarding their request to place and use an ocean cargo container as an office

building west of the Senior Citizens Center near the tracks. Director Skinner updated the

Mayor and Council on the issue explaining that a UPRR representative contacted him

pointing out that the Interstate Commerce Act supersedes the City Code and UPRR is

allowed to place any type of structure they want on their property. The UPRR

TH DECEMBER 4 , 2013

representative stated that they want to hook to city services and are willing to side, screen

or fence around the office building however the City wants. Director Skinner mentioned

that he tried to get UPRR to put in a modular office building instead but they refused

because the container had already been purchased. Attorney Nelson suggested having

UPRR legal department produce the authority and if it exists then the City will follow it. He

also mentioned that there is a statute in the Land Use Planning Act that provisions of the

Act do not apply to state wide transportation systems as determined by the Idaho

Transportation Board who is suppose to consult with the local jurisdiction when planning requests are presented to them. Attorney Nelson recommended having UPRR legal

department provide the approval from the Idaho Transportation Board and provide the

law that applies. Attorney Nelson also mentioned that the City does not have to hook them

up to City services if they are in violation of City Code. Mayor Hansen stated that it would

simplify things if UPRR would produce the law and if it does exist then we will work with

them. He thinks that is a fair request and he does not want to take an adversarial position

on the issue. Councilmember Prescott commented that he has dealt with the UPRR in the

past and the City should take the opportunity to work with them while they are amiable.

Todd Smith of Smith Paving and Construction, a sub-contractor, commented that they would like to get the utilities installed before the ground gets too hard. He also pointed out

a similar case study regarding the UPRR rights. Attorney Nelson asked Director Skinner to

follow up with the UPRR representative and ask for an opinion letter from UPRR legal

department spelling out the law that applies. Attorney Nelson will check with the Idaho

Transportation Board. Mayor Hansen suggested approving UPRR to go ahead with placing

the container and specifying conditions assuming that the law exists and the City will have

to allow it. Councilmember Prescott moved to approve UPRR to proceed with installation

of water and sewer lines, repairing all excavated areas to original condition and approve

placement of the container asking them to side the container in a manner close to the Senior Citizens Center siding and no fencing needed. Councilmember Lee seconded the

motion. Director Skinner explained that the utility lines will tie in from Main Street on the

west side of the road angling 45 degrees running through the City’s right-of-way and then

in the UPRR right-of-way to the building site. A vote on the motion was called. All in favor,

motion carried. Mayor Hansen asked that it be communicated to UPRR the fact that the

City has stipulated these conditions is a gesture of good faith from the City to work amiable

with them.

Clerk Vorwaller proposed giving the City employees a safety award with the workman’s compensation insurance dividend. The Mayor asked if there were any claims during the

last year. Clerk Vorwaller and Director Skinner reported that there were not any major

incidents. Councilmember Lee commented that she feels it is a nice gesture.

Councilmember Phelps moved to approve safety awards for all the City employees.

Councilmember Prescott seconded the motion. All in favor, motion carried.

The Council considered a request for sponsors for a “Live Nativity” that has been organized

by KBRV. Director Skinner mentioned that they have also requested to use the old tennis

TH DECEMBER 4 , 2013 PAGE 4

court area at City Park for the two camels and a donkey. Councilmember Lee moved to

approve providing a $50 sponsor and allow the use of the City Park. Councilmember

Prescott seconded the motion. All in favor, motion carried.

Mayor Hansen reviewed upcoming events and meetings. The City Christmas party will be

th th December 11 , the next regular meeting is December 18 and a special meeting is

th scheduled for December 27 , 2013 at 10:00am to make a decision on a new fire truck. Councilmember Prescott moved to adjourn the meeting at 6:15pm, seconded by

Councilmember Phelps. All in favor, motion carried.

TH PASSED AND APPROVED BY THE MAYOR AND CITY COUNCIL THIS 18 DAY OF

DECEMBER, 2013.

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Kirk L. Hansen, Mayor ATTEST:

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Tausha Vorwaller, Clerk