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1 Star City Council Meeting Minutes June 21, 2011 The regular meeting of the Star City Council was held on June 21, 2011 at 7:00 pm at the Star City Hall. Mayor Nathan Mitchell called the meeting to order and all stood for the Pledge of Allegiance. Roll Call: Council persons Tammy McDaniel, Gary Smith, Tom Erlebach and Chad Bell were all present. Approval of Agenda: Smith moved to amend the agenda: changing Old/New Business to changing A to Bid Discussion on Hunter's Creek, moving Ordinance No. 215 to B; moving Ordinance No. 217 to C and moving Ordinance No. 219 to D; moving the Public Hearing to adding an Executive Session as moving Reports to #9 and Adjournment to #10, Bell seconded the motion. All aye: motion carried. Consent Agenda: McDaniel moved to approve the Consent Agenda consisting of: Claims Against the City for May 2011, Special Meeting Minutes of May 16, 2011, Findings of Fact & Conclusions of Law for Beehive Homes and Time Extension Requests for – Pinewood Lakes Subdivision, Phase Colt Place Subdivision, Phase and Waterview Estates Subdivision, Phase Erlebach seconded the motion. All aye: motion carried. Presentations/Public Input: Star Police Report – Chief Ken Ramage – Chief Ramage reviewed the report for May 2011. The Chief stated that we had one commercial burglary at the Star Merc, and it remains unsolved at this time. There was one crash injury in Star. There were 183 traffic stops, 72 citations were issued. There were 104 calls for service, the largest number was for animal calls. Committee Reports – No reports were given. Public Input – Dan Kitchell, 1011 10th Avenue, Nampa, stated that he just wanted to thank the Star Businesses on behalf of the Friends of the Star Library for all their support during their fundraiser. Old/New Business: Hunter’s Creek Bid and Award – The Mayor stated that bids were opened yesterday afternoon at 4 pm; six bids were submitted to build the Hunter’s Creek Sports Complex. Justin Walker, City Engineer, stated that bid documents were presented to contractor’s and as part of the bid, schedules were included. Six contractors bid on the project; there were bid irregularities; the lowest bidder had one irregularity. During bidding process, there were addendums sent out. The only difference in the addendums were the quantity of top soil, soil aide and trees - cubic yards vs tonnage. The lowest bidder used the wrong bid form and figured ---PAGE BREAK--- 2 their bid in tonnage. The correct form was one for cubic yards. The bid was broken up into two bid sections; the Council has the option to pick the bids. Schedule A is a lump sum price. The unit price was different because of the amount of soil, soil aid and trees. Walker stated that C&A was the low bidder, but used an old form – he figured tons and not cubic yards. Council does have the right to refuse any and all bids and they can waive formalities. Council can make a decision on any and all parts of the bids. Walker stated that the second page of the information are comparisons on the two lowest bids. The Mayor stated the two lowest bidders are present and would like to speak to the Council. Jesse Geary – C&A Paving, 4015 Banner Street, Boise, Idaho, stated that he made a mistake on the bid schedule, but they are willing to stand by the price. Erlebach asked whose fault it was. The Mayor stated that the bid went out without top soil, an addendum went out adding topsoil (8,000 cubic yards), the second addendum went out changing the topsoil units to tonnage, then the third addendum went out going back to cubic yards. Addendum three did not go out with a bid form. Kevin Wade – WF Construction, Meridian, Idaho stated the low bidder failed to submit the correct form; the bid documents state which form to use. The nature of the reason behind using the form is that it is related to inherent numbers. The engineer had to restructure C&A's bid, the City shouldn’t have to do that. The bid did not conform with the other bids. The bid from C&A Paving should not be considered. In fairness to all bidders that submitted bids, it should be rejected. WF Construction would ask that the Council reject the lowest bid and if not postpone the bid so that they may talk to legal council. The Mayor stated that he understands Kevin's concerns. The Mayor asked Kevin to put himself in the Council's position, this is spending $60-70,000 of the taxpayers dollars. Kevin, thought the bid process at a minimum was the base schedule A and installation of trees, the minimum amount of work to be bid on. The issue with the mistake is absolutely substantial. The Mayor asked if the mistake was a material mistake or a human mistake. Kevin felt that it is unfair and the bid should be thrown out. The Mayor stated that Council has options: Council can award the bid to C&A as lower bidder; throw the lowest bid out and award it to WF; throw all of them out and start over; or postpone the decisions. Walker stated that C&A did not re-do their paperwork. Erlebach asked if the Mayor was asking for a decision tonight. The Mayor stated that they could table it to another meeting. Erlebach stated that five out of six contractors did it right. If the contractor would sue the City there would be additional costs and time. The Mayor stated any one of the bidders could sue us. Cliff Brown, City Legal Council, stated that he reviewed Idaho Code; there is nothing in Idaho Code regarding errors in bids. Brown called Boise City, Boise does have a comprehensive section in their code regarding bid errors. Brown stated that by analogy, this is not binding on the City. In his opinion this is a simple ---PAGE BREAK--- 3 clerical error, everyone can see what their true intent was. Courts do that all the time when they see the clear intent. Council should go to the contractor and ask if they would honor the amount. Smith based on information presented tonight, it does not change the numbers at the end of the day. He is comfortable with moving ahead and awarding it to C&A Paving. Bell sees both sides of it and understands it. The mistake was on unit pricing, not a major part, he believes it was a clerical error. It may not make a difference in the bid at all because we don’t know how good the dirt is and the contractor is willing to stand behind his unit price. McDaniel concurs with the other two Council members, it was a clerical error. We are stewards of the taxpayers dollars. Smith moved to accept the bid from C&A Paving accepting the base at $434,000.00 and Bid Schedule A at $8,500.00 and to accept unit pricing for topsoil, conditioner and trees, Bell seconded the motion. McDaniel, Smith, Bell all aye; Elrebach – nay: - motion carried. Ordinance No. 215 Unified Development Code – Bell moved to table Ordinance No. 215 to the July 19 meeting and continue the public hearing, McDaniel seconded the motion. All aye: motion carried. Ordinance No. 217 Beer/Wine/Liquor License Date Amendment – McDaniel moved that pursuant to Idaho Code, Section 50-902 the rule requiring an Ordinance to be read on three different days, with one reading to be read in full, be dispensed with and that Ordinance No. 217 be considered after reading once by title only, Bell seconded the motion. Roll Call: McDaniel, Smith, Erlebach and Bell. All aye – motion carried. McDaniel moved to approve Ordinance No. 217, an Ordinance of the City of Star, Idaho, amending Ordinance No. 6, an Ordinance relating to beer and wine; amending Ordinance No. 7, an Ordinance relating to alcohol; providing for dates of alcohol beverage licenses held in the City of Star, Idaho; and providing for an effective date, Bell seconded the motion. All aye: motion carried. Ordinance No. 219 Amended Flood Plain Ordinance – McDaniel moved that pursuant to Idaho Code, Section 50-902 the rule requiring an Ordinance to be read on three different days, with one reading to be read in full, be dispensed with and that Ordinance No. 219 be considered after reading once by title only, Erlebach seconded the motion. Roll Call: McDaniel, Smith, Erlebach and Bell - all aye: motion carried. Bell moved to approve Ordinance No. 219, an Ordinance of the City of Star, Idaho, a municipal corporation of the State of Idaho, amending Star City Code Title 10, "Flood Control Regulations", Sections 5, 6, 10-4 and 10-5; providing a repealer clause; providing for severability; and providing an effective date, McDaniel seconded the motion. All aye: motion carried. Public Hearing: ---PAGE BREAK--- 4 Resolution 2011-02 Fee Schedule - The Mayor declared the public hearing open. This Resolution includes land use fees, building fees and parks and recreation program fees. The Mayor asked if there was any public that wanted to testify; hearing none, the Mayor closed the public hearing. McDaniel moved to approve Resolution 2011-02 Fee Schedule, Bell seconded the motion. Roll Call: McDaniel, Smith, Erlebach, and Bell - all aye: motion carried. Executive Session– Erlebach moved to go into Executive Session under 67-2345(f) Pending Litigation, McDaniel seconded the motion. Roll Call: McDaniel, Smith, Erlebach and Bell - all aye: motion carried. Reports: Council - McDaniel stated that she won’t be here July 5 and won’t be participating at Hometown Celebration. The Mayor stated that the July 5th meeting is cancelled. Smith stated that he attended several meetings. He stated that the River Walk looks good and asked if we are planning a work day. He asked about the City being a WiFi Center. Erlebach stated that he has been through the new fire station. Bell stated that he has concerns regarding the water fountains at Blakehaven Park, the lower fountain is either stuck in the on position or there is no pressure. The Mayor stated that Radix is aware of the problem and is following up. Discussion was held on cleaning the restroom. Erlebach asked if there was anything in City code that regulated garbage cans being left out. The Mayor stated there was not. Erlebach stated that there is a trailer near the Strickland property that is leaking gray water. Mayor – The Mayor stated that the River Walk ribbon cutting was a great event for the City. The restroom building at Blakehaven is substantially complete. The Hometown Celebration is coming up. The Mayor asked what the Council wants to do about the upstairs. The improvements are nearly complete for the EOC Center. The Fire Chief did make a commitment to pay the City back for the improvements. The Mayor asked Council to think about it. Adjournment: The Mayor adjourned the meeting at 9:40 pm. Respectfully submitted: Approved: Cathy Ward, City Clerk Nathan Mitchell, Mayor