April 18, 2005 Regular Meeting

The City Council met in regular session on April 18, 2005 at 7:30 P.M. in the Council Chambers of City Hall.

Mayor Vanderwall presided:

Councilmembers present:

Wes Lester
Bruce Walker
James Zehner
Brian Lorentz

Councilmembers absent:

Georgia DeHaas
Jane Kissinger

City employees present were Public Works Director Gortsema, Chief Sedam, Attorney Albers and Clerk Kennedy.

The meeting was called to order and the minutes of the April 4th regular meeting were approved as presented by Councilman Zehner second by Councilman Lester. Motion carried by a unanimous vote of the Council present.

COMMITTEE REPORTS: Public Works Director Gortsema gave a Water Project update. Entranco is working with Bodiford on the contract and bonding issues. Bodiford plans to start in the middle of May after completing their current projects.

The Planning and Zoning Minutes of April 12, 2005 were accepted on motion by Councilman Lorentz, second by Councilman Lester. Motion carried by a unanimous vote of the Council present.

At the last Council meeting, the Council asked the Chief to research how many signs would need to be posted to enforce no U-turns on Main Street as proposed in an ordinance on U-turns. Chief Sedam explained that in order to enforce the ordinance, the police would have to prove that someone drove by the U-turn sign which would basically mean that every intersection on both sides of Main Street would need to be posted. The motion that was postponed at the last meeting was that the rules be suspended, the second and third reading be waived and the ordinance be passed and adopted. A roll call vote was duly taken with the following results:

Councilman Zehner No
Councilman Lester No
Councilman Lorentz No
Councilman Walker No

Motion failed. The ordinance did not pass.

ENTRANCO EXTRA WORK SUPPLEMENT NO. 1 – WATER PROJECT: Entranco submitted Extra Work Supplement No. 1 for the construction phase of the project. The total amount estimated for the design phase was not used, so a credit of $141,397.00 was applied to the construction estimate of $273,184.00. This nets out to an estimated supplemental request of $131,787.00. On motion by Councilman Walker, second by Councilman Zehner to approve Entranco’s Extra Work Supplement No. 1 for the construction phase of the project in the amount of $131,787.00. Motion carried by a unanimous vote of the Council present.

WILLOW CREEK PROPERTIES SUBDIVISION: Attorney Albers explained that the ownership of the subdivision is A & A Investments LLC. The final plat can be approved subject to some qualifications as listed in the following motion.

Councilman Walker made a motion, second by Councilman Lester to allow the Mayor and City Clerk to sign off on the final plat for Willow Creek Properties Subdivision subject to:

1. Execution and recording of the alternate sewer easement
2. Execution by the LLC of the protective covenants
3. Signature of the County Surveyor

Motion carried by a unanimous vote of the Council present.

BILLS: The bills were approved and ordered paid out of their respective funds on motion by Councilman Zehner, second by Councilman Lorentz. Motion carried by a unanimous vote of the Council present.

Payroll Fund $35,968.73
General Fund $44,582.65
Street Fund $21,030.63
Library Fund $ 3,568.94
Library Memorial Fund $ 593.16
Insurance Fund $16,556.50
Recreation Fund $ 2,766.85
Snowhaven Fund $ 2,488.84
Medical Insurance Fund $13,170.14
Water Fund $28,201.74
Sewer Fund $27,153.86
Sanitation Fund $38,061.89

BUILDING INSPECTOR CONTRACT: The State Building Bureau has been losing money on the building inspection program that the City is part of and has asked that all participating Cities use the 1997 fee schedule, changing the percentage split from 75% State and 25% jurisdiction to 85% State and 15% jurisdiction. Based upon how many Cities agree to the change, the State will determine if they will continue with the program. Councilman Walker doesn’t feel that the State needs a raise. Councilman Lester was concerned with the plan fee schedule and when the plan checks would be charged. Clerk Kennedy explained that plan check fees are charged on commercial buildings, new homes and extensive residential additions. The Council will discuss this at the next Council meeting.

2005 SEWER PROJECT: The City received five bids for the 2005 sewer project as follows:

Atlas Sand and Rock $237,963.50
Crea Construction, Inc. $241,517.00
A & R Construction $258,994.50
Cook & Sons Construction $256,529.89
Bodiford Construction, Inc. $396,940.00

J-U-B reviewed the bids and recommended awarding the apparent low bid to Atlas Sand and Rock Inc. Public Works Director Gortsema explained that the bids came in over budget so one of the schedules may be cut. He suggests awarding the bid not to exceed $237,963.50. On motion by Councilman Lester, second by Councilman Lorentz to award the sewer project bid to Atlas Sand and Rock Inc not to exceed $237,963.50. Motion carried by a unanimous vote of the Council present.

WWTP MIXER BID: The bid received from Challenger was over the budgeted amount by $31,695.00. Public Works Director Gortsema asked the Council to reject the bid from Challenger. Gortsema is researching to see if there would be enough money in the budget if the City purchased the mixer direct and hired Challenger to help install it. On motion by Councilman Walker, second by Councilman Zehner to reject the bid from Challenger for the WWTP mixer. Motion carried by a unanimous vote of the Council present.

2005-06 BUDGET HEARING: Councilman Lester made a motion, second by Councilman Zehner to set September 6, 2005 as the budget hearing for 2005-06. Motion carried by a unanimous vote of the Council present.

LANDFILL DISCUSSION: Representatives from Walco were present for discussion. Mayor Vanderwall explained that citizens and the Council were concerned about the hours the landfill was open and the procedures used at the landfill. The Council felt that 8:00 a.m. – 5:00 p.m. was not reasonable hours of operation for those citizens that work. Marietta Holman responded that the Health Department said the landfill needs to be manned when it’s open. It is also open Saturday and Sunday 8:00 a.m. – 5:00 p.m. Overtime is a concern they have, so they will have to review their practices and determine what they need to do. It was also explained that the three dumpsters were taken from the Carpenter land at the request of the new owner. If they can find somewhere to place the dumpsters, they have three that are ready to go back out in the County. Councilman Lester felt the landfill should stay open until 7:00 p.m. during the summer, otherwise he is concerned people will start dumping items in the county dumpster or maybe even in the ditch. He also suggested that Walco should have an ad in the Free Press, letting customers know yard waste containers are available. Mayor Vanderwall asked Walco to get back to the City on what they plan to do at the landfill.

CDBG CONTRACT AMENDMENT: Clerk Kennedy explained that the contract was amended because there was $7,952.00 less spent in Engineering Inspection and $7,952.00 more spent in Construction. Councilman Zehner made a motion second by Councilman Walker to authorize the Mayor to sign the CDBG Contract amendment for the water project. Motion carried by a unanimous vote of the Council present.

EXECUTIVE SESSION: On motion by Councilman Walker, second by Councilman Zehner to go into Executive Session according to Section 67-2345 (c) to acquire property. A roll call vote was duly taken with the following results:

Councilman Walker Yes
Councilman Lorentz Yes
Councilman Lester Yes
Councilman Zehner Yes

Motion passed.

A motion was made by Councilman Walker, second by Councilman Lester to go out of Executive Session. A roll call vote was duly taken with the following results:

Councilman Walker Yes
Councilman Lorentz Yes
Councilman Lester Yes
Councilman Zehner Yes

Motion passed. No action taken.

ITEMS TO NOTE: The Council received copies of the Clearwater River Water Users Coalition letter and a list of water and sewer users outside the City limits.

The meeting adjourned at 9:20 P.M.

_____________________________________
Terry Vanderwall - Mayor

ATTEST:

_________________________
Tonya Kennedy – City Clerk