<p>MINUTES OF THE MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SODA </p><p>SPRINGS, CARIBOU COUNTY, IDAHO HELD DECEMBER 4TH, 2013.</p><p>MEETING CALLED TO ORDER AT 5:00PM BY KIRK L. HANSEN, MAYOR.</p><p>ROLL CALL SHOWED THE FOLLOWING PRESENT: KIRK L. HANSEN, MAYOR</p><p>RANDALL E. PRESCOTT, PRES.</p><p>LYNDA LEE</p><p>PRESTON PHELPS EXCUSED: MITCHELL J. HART</p><p>ALSO PRESENT: Mark Steele</p><p>Alan Skinner, Director</p><p>Carol Alworth</p><p>Tausha </p><p>Vorwaller, Clerk</p><p>Jon Goode</p><p>Clyde Nelson, Attorney via Telephone</p><p>Jim Smith</p><p>Dan Squires Spencer Winzenried</p><p>Austin E. Robinson Charles Fryar</p><p>Austin W. Robinson Sue Hansen</p><p>Jori Johnson</p><p>The invocation was given by Carol Alworth, Mayor Hansen then led everyone in the </p><p>‘Pledge of Allegiance’. The Council reviewed the minutes from the last meeting and the payroll and accounts </p><p> payable for November. Councilmember Prescott moved to dispense with the reading of the</p><p> th November 20 , 2013 minutes and approve them as written along with the payroll and </p><p> accounts payable for November, 2013. Councilmember Phelps seconded the motion. All in </p><p> favor, motion carried. </p><p>(SEE ATTACHED PAYROLL & ACCOUNTS PAYABLE REGISTERS FOR DETAIL) Spencer Winzenried introduced himself to the Mayor and Council as the new City </p><p>Recreation Director. Mr. Winzenried is married with their first baby due in February. He is</p><p> from a small town, Logandale, Nevada near Las Vegas. He graduated from BYU Idaho with </p><p> a 4 year degree in recreation and has been working part-time in Nevada. The Mayor and </p><p>Council welcomed Mr. Winzenried.</p><p>Director Skinner presented change order #7 for the Wastewater Treatment Plant Project. </p><p>Change order #7 is the final change order to the Edstrom contract for the project and </p><p> 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 </p><p>$6,000 for liquidated damages. The total reduction to the contract of $199,606. </p><p>Councilmember Prescott moved to approve change order #7, seconded by Councilmember </p><p>Lee. All in favor, motion carried. </p><p>TH DECEMBER 4 , 2013</p><p>PAGE 2 Director Skinner reported that the transformer supplier for the new sub-station </p><p> transformer has agreed to store the transformer for the City for 9 months, through </p><p>September 2014 and the warranty will begin when it is transported to the City sub-station. </p><p>Councilmember Lee asked how long it would take to get it here in case of an emergency. </p><p>Director Skinner mentioned that in case of one transformer going out the City can switch to</p><p> the other already in place at the sub-station but if the one in Pocatello was needed it would </p><p> probably take 6 to 10 hours to get it here and tied in. </p><p>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 </p><p> themselves. The quotes were anywhere from $100,000 to $200,000 and anything over </p><p>$50,000 requires formal bidding. Director Skinner requested to proceed with advertising </p><p> and requesting formal bids. Councilmember Prescott moved to approve proceeding with </p><p> publishing a request for bids for a hydro trash rake package. Councilmember Lee seconded</p><p> the motion. All in favor, motion carried. </p><p>Director Skinner and Assistant Fire Chief Dan Squires updated the Mayor and Council on </p><p> 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, </p><p> piggy backing on a contract through the Houston-Galveston Area Council (HGACBUY) </p><p> cooperative purchasing organization which the City is a member of and used to purchase </p><p> the street sweeper and the third option is to advertise and request formal bids. Director </p><p>Skinner explained that formal bidding requires publishing two times, each a week apart </p><p> and opening bids 7 days after the last publication. Assistant Chief Squires mentioned that a</p><p> basic truck is around $300,000 with the needed equipment adding another $20,000 to </p><p>$30,000. He also mentioned that he has identified 20 different trucks through HGACBUY </p><p> 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 </p><p> comparable to the truck we have. Mayor Hansen recommended moving forward on all </p><p> three options and see which one works out best. The Mayor commended and thanked </p><p>Director Skinner and Assistant Chief Squires for time spent and research done. </p><p>Councilmember Lee moved to approve pursuing all three options at once, an emergency if a</p><p> truck becomes available, a piggy back through the HGACBUY if the right truck is found and </p><p> also advertise requesting formal bids. Councilmember Prescott seconded the motion. All </p><p> in favor, motion carried. Mayor Hansen directed Clerk Vorwaller to schedule a special </p><p> 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</p><p>Road (UPRR) regarding their request to place and use an ocean cargo container as an office</p><p> building west of the Senior Citizens Center near the tracks. Director Skinner updated the </p><p>Mayor and Council on the issue explaining that a UPRR representative contacted him </p><p> pointing out that the Interstate Commerce Act supersedes the City Code and UPRR is </p><p> allowed to place any type of structure they want on their property. The UPRR </p><p>TH DECEMBER 4 , 2013</p><p>PAGE 3 representative stated that they want to hook to city services and are willing to side, screen </p><p> or fence around the office building however the City wants. Director Skinner mentioned </p><p> that he tried to get UPRR to put in a modular office building instead but they refused </p><p> because the container had already been purchased. Attorney Nelson suggested having </p><p>UPRR legal department produce the authority and if it exists then the City will follow it. He </p><p> also mentioned that there is a statute in the Land Use Planning Act that provisions of the </p><p>Act do not apply to state wide transportation systems as determined by the Idaho </p><p>Transportation Board who is suppose to consult with the local jurisdiction when planning requests are presented to them. Attorney Nelson recommended having UPRR legal </p><p> department provide the approval from the Idaho Transportation Board and provide the </p><p> law that applies. Attorney Nelson also mentioned that the City does not have to hook them </p><p> up to City services if they are in violation of City Code. Mayor Hansen stated that it would </p><p> simplify things if UPRR would produce the law and if it does exist then we will work with </p><p> them. He thinks that is a fair request and he does not want to take an adversarial position </p><p> on the issue. Councilmember Prescott commented that he has dealt with the UPRR in the </p><p> past and the City should take the opportunity to work with them while they are amiable.</p><p>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 </p><p> a similar case study regarding the UPRR rights. Attorney Nelson asked Director Skinner to </p><p> follow up with the UPRR representative and ask for an opinion letter from UPRR legal </p><p> department spelling out the law that applies. Attorney Nelson will check with the Idaho </p><p>Transportation Board. Mayor Hansen suggested approving UPRR to go ahead with placing </p><p> the container and specifying conditions assuming that the law exists and the City will have </p><p> to allow it. Councilmember Prescott moved to approve UPRR to proceed with installation </p><p> of water and sewer lines, repairing all excavated areas to original condition and approve </p><p> 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 </p><p> motion. Director Skinner explained that the utility lines will tie in from Main Street on the </p><p> west side of the road angling 45 degrees running through the City’s right-of-way and then </p><p> in the UPRR right-of-way to the building site. A vote on the motion was called. All in favor, </p><p> motion carried. Mayor Hansen asked that it be communicated to UPRR the fact that the </p><p>City has stipulated these conditions is a gesture of good faith from the City to work amiable </p><p> with them.</p><p>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 </p><p> last year. Clerk Vorwaller and Director Skinner reported that there were not any major </p><p> incidents. Councilmember Lee commented that she feels it is a nice gesture. </p><p>Councilmember Phelps moved to approve safety awards for all the City employees. </p><p>Councilmember Prescott seconded the motion. All in favor, motion carried. </p><p>The Council considered a request for sponsors for a “Live Nativity” that has been organized </p><p> by KBRV. Director Skinner mentioned that they have also requested to use the old tennis </p><p>TH DECEMBER 4 , 2013 PAGE 4</p><p> court area at City Park for the two camels and a donkey. Councilmember Lee moved to </p><p> approve providing a $50 sponsor and allow the use of the City Park. Councilmember </p><p>Prescott seconded the motion. All in favor, motion carried. </p><p>Mayor Hansen reviewed upcoming events and meetings. The City Christmas party will be </p><p> th th December 11 , the next regular meeting is December 18 and a special meeting is </p><p> 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 </p><p>Councilmember Phelps. All in favor, motion carried.</p><p>TH PASSED AND APPROVED BY THE MAYOR AND CITY COUNCIL THIS 18 DAY OF </p><p>DECEMBER, 2013.</p><p>______</p><p>Kirk L. Hansen, Mayor ATTEST:</p><p>______</p><p>Tausha Vorwaller, Clerk</p>