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HomeMy WebLinkAbout1992.12.16 CITY COUNCIL MINUTESd - City Council 12/16/92 7:30 P. M. State of Idaho) County of Madison( ss City of Rexburg) Present were: Mayor: Nile Boyle Councilman: Glen Pond Brad Liljenquist Farrell Young Jim Flamm Nyle Fullmer Excused: Bruce Sutherland City Clerk: Rose Bagley Attorney: J. D. Hancock Finance Officer: Richard Horner A motion was made by Nyle Fullmer and Seconded by Jim Flamm to approve the minutes. All Aye RE: BEER LICENSES APPROVED Mayor Boyle read the beer licenses to be approved. Circle R, R & R Lanes, Payless, Albertsons, Rexburg Food Center, Oasis Country Market. A motion was made by Brad Liljenquist and seconded by Nyle Fullmer. All Aye RE: MUTUAL AID AGREEMENT WITH RIGBY SANITATION Mayor Boyle read the final corrected draft of the Mutual Aid Agreement with Rigby for the garbage truck. Corrections were made on #7. #8, and #9. (copy attached) A motion was made by Jim Flamm and seconded by Nyle Fullmer to approve the Mutual Aid Agreement. All Aye. RE: RESOLUTION 92-12: FEE SET FOR MUTUAL AID AGREEMENT WITH RIGBY A motion was made by Jim Flamm and seconded by Brad Liljenquist to pass Resolution 92-12 that as part of the Mutual Aid Agreement that the fee be set at $65.00 per hour. All Aye. RE: CHANGES TO DRAFT AND APPROVAL GIVEN FOR PROFESSIONAL ENGINEERING SERVICES FOR THE WASTEWATER TREATMENT PLANT WITH FORSGREN ASSOCIATES The mayor told the council that we need to finalize for Professional Engineering Services for the Wastewater Treatment Plant with Forsgren Associates. Brad Liljenquist declared a conflict of interest. Mayor Boyle discussed the changes that had been made on the draft. They had gone through it with Clayter & Vance today to discuss any changes. Mayor Boyle went through the changes with the council. (copy on file) The mayor discussed on page 2 number 4 Owner's Responsibilities - "Owner shall immediately upon the signing of this contract, designate in writing a person to act as Owner's representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define Owner's policies and decisions with respect to Engineer's service for the Project." The mayor stated that we need to follow it close but we we don't want to do anything that will shift liability to the city. Whoever is the representative needs to not be abruptive to the contractor but to work through the engineers if there is a problem. We need to designate how we want that relationship to work. Jim Flamm - As we go along there are decisions that have to be made. Someone needs to be there to follow the project through and as Dave will be there all the time, they will work with him. Glen Pond stated as he understood it needs to be someone to make decisions and would have to be the Mayor or a Councilman. The mayor stated that even though we would have to make the decisions, Dave would have to bring it to our attention. The mayor agreed that it should be either the mayor or the councilman in charge of that department. He and Jim discussed it ~~ x and maybe the mayor might be more accessible. Jim said he did not care but we have to have it and have it understood and make sure it works. Whatever happens with a decision that is at all questionable, I would feel better running it past not only Jim but the entire council if it is of that magnitude. Jim stated that nothing can happen without Dave being involved. RE: MAYOR APPOINTED AS OWNER'S REPRESENTATIVE FOR THE WASTEWATER TREATMENT PLANT WITH RESPECT TO SERVICES Nyle Fullmer made a motion that the Mayor be appointed as the Owner's Representative for the Wastewater Treatment Plant with respect to the services to be rendered under the Agreement for Professional Engineering Services. Seconded by Glen Pond. All Aye Brad Liljenquist abstained. We will have a weekly construction meeting after it starts. The Mayor and Jim will be there and any of the Council that would like to come. Vance Forsgren told them that major decisions would come before the council, such as approval of pay estimates for contractor. Jim Flamm stated his concern about getting it bid on time and trying to get the project done. RE: MOTION PASSED TO APPROVE FORSGREN ASSOCIATES FOR PROFESSIONAL ENGINEERING SERVICES A motion was made by Nyle Fullmer and seconded by Jim Flamm to approve the Agreement for Professional Engineering Services with Forsgren Associates. All Aye, Brad Liljenquist Abstained. RE: GROUP WANTING TO BRING IN OLD, RESTORED CARS DURING DANCE FESTIVAL We have a group that wants to bring in from all over the area old restored cars. They want to bring them in the week of the dance festival and they want to reserve the shelter on the south end of Porter Park and the South end of the park to park cars. We told them we would have to have Argua Clinger there to make sure they don't drive over the sprinklers. It will be on July 31. Glen Pond thought as long as they can schedule it with the watering so ground is not wet or has not rained on it so it is ruined, then he did not see a problem. A motion was made by Nyle Fullmer to let them charge only for the use of the shelter and any damages they make. Seconded by Glen Pond. All Aye RE: 8:00 P. M. PUBLIC HEARING FOR WASTEWATER FACILITIES PLANNING STUDY (Copy on file.) No one was at the meeting to testify. This being the case the mayor we will have a copy in the City Hall for review. We will close the hearing and written comments will be accepted at the Rexburg City Hall until December 18, 1992, at 4:00 P. M. We will make the final approval at the next meeting. A motion was made by Nyle Fullmer and seconded by Glen Pond to pay the bills. All Aye A motion was made by Glen Pond to go into an executive session to discuss the Nursing Home Loan with ECIPDA. A motion was made by Glen Pond and seconded by Nyle Fullmer to go back into the regular session. All Aye A motion was made by Jim Flamm and seconded by Glen Pond to adjourn. All Aye ~~ Mayor, N 1 L. oyle . City Clerk, Ros a ey • '~:..._ f~ MUTUAL AID AGREEMENT THIS AGREEMENT made this 1st day of October, 1992, between the CITY OF REXBURG, a municipal corporation, whose mailing address is P. 0. Box 280, Rexburg, Idaho, and the CITY OF RIGBY, a municipal corporation, whose mailing address is 158 West Fremont Avenue, Rigby, Idaho. RECITALS 1. The parties desire to enter into a mutual aid agreement for the exchange of garbage trucks when one city or_ the other's garbage truck is inoperable or incapacitated. 2. .Each party is willing to aid and assist the other in the conduct of this mutual public service operation. 3. It is agreed that the most desirable form of business for conducting the operation is through a mutual aid agreement. For the reasons cited above, and in consideration of the mutual covenants contained in this agreement, the parties ~ agree as follows: SECTION ONE SCOPE AND DESCRIPTION By this agreement, the parties enter into a mutual aid agreement for non profit. SECTION TWO I CONTRIBUTIONS ~~ The City of_ Rexburg agrees to provide one of its garbage trucks to the City of Rigby whenever the Cite of Rigby's garbage truck is incapacitated, inoperable, or unable to, perform its function as so judged by the public works director or Mayor of Rigby, and will make said truck available upon the terms and conditions set forth in Section Three. The City of Rigby also agrees to the same terms and conditions when the City of Rexburg's garbage truck is MUTUAL AID AGREEMENT -I- 7 r'I 1 inoperable or is for any reason unable to perform its functions as so judged by the public works director or Mayor of Rexburg. SECTION .THREE TERMS AND CONDITIONS OF MUTUAL AID AGREEMENT 1. The timing of providing a truck shall bc~ at the reasonable discretion of the provider. 2. Each party shall be responsible for providing the driver for its own truck when called upon to aicl the other.. 3. The driver of each party's truck shall be covered by the owner of the truck's workmen's compensation and liability insurance and the premium for such insurance shall be paid by the owner of the truck. 4. The city using the other's truck agrees to reimburse at the agreed upon hourly rate to the city providing the truck, upon presentment of a written invoice on a monthly basis. 5. Any repairs, accidents or other damage or injury occurring to the city's truck caused by the operator or while in the service to the other party hereto, shall be the individual responsibility of the owner of the truc)c. 6. The hourly rate to be charged for use of the above truck and driver shall be mutually agreed upon and set by resolution of both city councils. 7. ,The total hours to be charged shall be computed from the time the truck arrives at the city shop of. the c5.ty receiving service up to when it leaves the city shop to return to the owner, plus one hour for total travel time. 8. The city providing service shall fill its truck's fuel tanks just before leaving its city and the city receiving service shall pay for all fill-ups during service and one just before the truck returns to its own city. 9. Reimbursement for tiro repairs occurring while providing service under this contract shall be negc~tiat~ed by the public works directors of each city. MUTUAL AID AGREEMENT -2- ~.,.~: ~~ SECTION FOUR TITLE TO THE PROPERTY Title to each respective truck shall remain within the ownership of the city furnishing the truck. The parties agree to provide aid on an emergency basis to the city requesting such aid. SECTION FIVE RECORDS AND ACCOUNTING Each city shall maintain or caused to be maintained accurate records concerning the operation of the trunk while engaged in the aid or service of the other requesting the use of the truck. On a monthly basis, each city shall transmit any billings for .the use of its truck by the city being benefited. SECTION SIX INSURANCE Each city shall maintain full insurance coverage on each of its garbage trucks and shall also make sure that any drivers or operators of said trucks are properly licensed and fully covered by workmen's compensation insurance, SECTION SEVEN ASSIGNMENTS AND TRANSFERS Neither party shall assign its rights or duties in this mutual aid agreement without the express ~•~r.itten consent of the other. Any attempted transfer or assignment made without the consent of the other part~~ shall not relieve the transferor or assignor of its duties or obligations pursuant to this agreement. SECTION EIGHT ARBITRATION In the event of any dispute arising out of the performance of the terms and conditions of this agreement, such agreement shall be submitted to arbitration under the provisions of Idaho Code, Title 7, Chapter 9. MUTUAL AID AGREEMENT -3- ~•, SECTION NINE TERM The effective date of this agreement shall be the date first above written, and this agreement shall automatically be renewed on an annual basis until properly terminated as set forth in Section Ten of this agreement. SECTION TEN TERMINATION OF AGREEMENT This Agreement shall renew every year unless ninety (90) days previous to the end of the' year, written notice is given by either party. Any monies due and owing b_y the other shall be accounted for and paid and then the agreement sYiall be terminated at the end of the ninety (90) days. The parties mazy also agree in writing to mutually terminate this agreement upon such terms .as are agreeable to both, IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written.. ATTEST: CITY OF REXBURG B Y : ~-,~ ~/:'tip ,~'~ Mayor_ City Cler CITY OF RIGBY BY: May r ATTEST: ~' ity Clerk -' MUTUAL AID AGREEMENT -4- d ! Y i WASTEWATER PACtLlTIES PLANNING STUDY PUBLIC HEARING. NOTICE Notice is Nearby given that a public hearing will be held December 16, 1992, at 8:00 p.m. in the Rexburg City Hall Council Chambers for the purpose of discussing various alternatives for modifications to the existing Rexburg wastewater treatment plant. The purpose of this hearing is to gather public input with regards to the various options which were reviewed and the final alternative which has been selected. The project as presently presented includes the abandonment of the existing aerated lagoon system and the construction of a new oxidation ditch mechanical treatment plant. Public comments about the selected option will be accepted. Written comments will also be lP~cepted at the Rexburg City Haft until December 18, 1992, at 4:00 p.m. A copy of the Draft Facilities Planning Study is available in the City Clerk's office in the City Hall for review. if no significant objections are stated in the public hearing the City's intent is to proceed with Tina! environmental documents, plans specifications and ultimately the construction of the proposed alternative. All concerned citizens are invited to attend to voice their opinions on the proposed improvements. O`' i~~` Mayor ile Boyle