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07082010CouncilMinutes-WS-RegularCITY OF AMMON CITY COUNCIL MINUTES – WORK & REGULAR SESSION THURSDAY, JULY 8, 2010 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AGENDA – WORK SESSION THURSDAY, JULY 8, 2010 – 4:30 P.M. DISCUSSION ITEMS: 1.Meter Implementation CITY OF AMMON 2135 SOUTH AMMON ROAD AMENDED CITY COUNCIL AGENDA THURSDAY, JULY 8, 2010 – 7:30 P.M. CALL TO ORDER: Mayor Steven Fuhriman at 7:30 p.m. Pledge of Allegiance – Councilmember Thompson Prayer – Councilmember Kirkham MINUTES: April 22, 2010* ITEMS FROM MAYOR: CONSENT AGENDA: Business License* Accounts Payable – Exhibit A ITEMS FOR/FROM TREASURER: Budget Revisions* th July 4, 2011 Float Dunking Pool – Ammon Days City Concession Stand – Peterson Park 2011 – Pilot Program PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: PUBLIC HEARINGS: None ACTION ITEMS: 1.Extension of Conditional Use Permits – Dist 93 Modulars – Ammon & Tie Breaker Elementary (Ron)* st 2.Final Plat - 1 Amended Div. 1 – Sand Creek Place (Ron)* 3.Gold’s Gym Briar Creek – Preliminary Plat (Ron)* 4.Justesen Property Boundary Question – C. Bruce Ard Plat (Lance/Ron)* 5.Change Order #1 – Pump Station Additions – Bodiford Construction (Forsgren/Lance)* 6.Change Order #2 – Hanson Street Changes – Bodiford Construction (Forsgren/Lance)* w/Scott’s Review 7.Change Order #3 – Time Extension – Bodiford Construction (Forsgren/Lance) 8. EIRWWA Monthly Statement Payment Authorization (Leslie)* 9.Appoint EIRWWA Board Member 10. Change Order #2 – Well 9 Booster Station (Keller/Lance)* 11.Div 8, Block 10 Lot 15 Quail Ridge Estates - Hearing Schedule for Disposition of Lot (Ron/Scott) DISCUSSION ITEMS: 1.July 29 Public Hearing Procedures for Expanded Constituent Participation (Leslie)* 2. Magistrate Commission Member (Coletti)* 3.Misc. EXECUTIVE SESSION: 1.Personnel Evaluations - Idaho Code 67-2345 (1-b) 2.Real Property Acquisitions - Idaho Code 67-2345 (1-c) 3.Pending Litigation - Idaho Code 67-2345 (1-f) MINUTES Council Minutes 7-8-10 Page 1 of 9 4:30 p.m. work session was cancelled, due to lack of participation. City Officials Present: Mayor Steve Fuhriman Councilmember Dana Kirkham (left at 9:00 p.m.) Councilmember Lee Bean Councilmember Brian Powell (arrived at 8:05 p.m.) Councilmember Rex Thompson Councilmember Sean Coletti City Attorney Scott Hall City Clerk Leslie Folsom City Engineer Lance Bates City Planner Ron Folsom City Treasurer Jennifer Belfield City Officials Absent: Councilmember Russell Slack CALL TO ORDER: Mayor Steve Fuhriman opened the meeting at 7:38 p.m. at City Hall building located at 2135 South Ammon Road. Councilmember Thompson led the Pledge of Allegiance. Councilmember Kirkham offered the prayer. MINUTES: April 22, 2010: Councilmember Kirkham motioned to approve the minutes, as presented. Councilmember Thompson seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, and Councilmember Bean – Yes. The motion passed. ITEMS FROM MAYOR: Mayor Steve Fuhriman said former Mayor Swensen has asked about a time capsule in a vault at the Gazebo to be opened after 25 years. He wonders if the Council would like a mini-ceremony for the placement of the time capsule, during Ammon Days. Councilmember Coletti will coordinate it. It was discussed to have Centennial coins, current bill, current flyer, pictures, water samples, etc. located in the capsule. They will try to get it done for Ammon Days. CONSENT AGENDA: Business License* Councilmember Bean motioned to accept the Consent agenda, as presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Coletti. The motion passed. Accounts Payable – Exhibit A Councilmember Bean motioned to accept the Accounts Payable Exhibit A, as presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion passed. ITEMS FOR/FROM TREASURER: Budget Revisions* - City Treasure Jennifer Belfield advised the Council that the new budget revisions are posted on SharePoint for their review. She needs the final version by August 5th, so she can get it published two times before the 19th. Councilmember Bean advised that we need to add the $2000 back into the budget for the video for the City. Jennifer said we are currently not balanced and will need to use reserves to accomplish balancing. Councilmember Bean wants the Council to be aware that we will have to use the reserves for this year and the City has never had to, in the past, fall back on reserves. Jennifer said we will be using $3,667,871 from reserves in total. There is $433,438 coming from general funds. Water will be taking the most out of reserves, which is $2.3 million, but it is not a guaranteed amount. Councilmember Kirkham said she has requested this in case of the need from the public hearing. Councilmember Bean said you will need $600,000 from general and $600,000 from water for broadband. Councilmember Kirkham said no one is comfortable with not balancing the budget, but we are in desperate times. Councilmember Bean said he doesn’t have a problem dipping into the reserves when it is for capital improvements. The budget will be scheduled to print on August 5, 2010. th th July 4, 2011Float - Jennifer asked if the Council would like to have a float in the 4 of July parade next year. Jennifer volunteered to put it together with her truck and trailer. Councilmember Kirkham said what about including the Girl and Boy Scout troops from Ammon helping to decorate and ride on it. The funds would need to Council Minutes 7-8-10 Page 2 of 9 come out of the general fund and she would also like to use the parade for Ammon Days. Council liked the idea and will include the expense within the Ammon Days fund. Dunking Pool –Ammon Days – Jennifer asked about a dunking pool to raise funds for improvements to the pool. Council said to go for it. Councilmember Coletti and Mayor Fuhriman volunteered. Councilmember Kirkham said she’s afraid having the Mayor being dunked might diminish his position. Mayor Steve would be willing to participate, but the Council requested that he doesn’t. City Concession Stand – Peterson Park 2011 – Pilot Program – Jennifer asked if we could conduct a concessions pilot project at Peterson Park. Two options are, fully run it, or lease it. Councilmember Kirkham asked if this expense is in addition to the other items. Jennifer doesn’t think he has it fully in his budget. Councilmember Kirkham would like to see the numbers before they make a choice. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: None PUBLIC HEARINGS: None ACTION ITEMS: 1. Extension of Conditional Use Permits – Dist 93 Modulars – Ammon & Tie Breaker Elementary (Ron)* City Planner Ron Folsom stated there was one public hearing for these extensions, but each location was addressed separately. Ammon Elementary has a request for an extension to the existing Conditional Use Permit (CUP) that expires in August. Ron explained that Planning & Zoning (P&Z) recommended a 5 year extension. They addressed them separately, but explained a gentleman testified about Ammon Elementary during the Tiebreaker Elementary portion of the hearing. This gentleman stated he had felt 5 years was long enough for a modular to exist in a school and felt they get too run down. Ron stated the fire department and school districts perform a yearly inspection. Kurt reviewed them, but the only concern was the steps at Tiebreaker. P&Z discussed whether to allow five or three year recommendations for the CUP. Ammon Elementary passed unanimously for 5 years. Tiebreaker passed 5-1 for 3 years with Tom Hunsaker voting against, because the time frame should be consistent at both schools. Ron said Roger stressed that the modulars at Woodland Hills and Rimrock might be vacated, but they will remain in their respective locations. Ron said the school could build a shed and be able to leave it on the grounds that looked exactly like the modulars. The City wouldn’t require a site plan approval, but would simply approve it. The District feels that the movement shortens their life. Roger Hill, 3497 N. Ammon Rd, said it costs $4000 each time they move it. Roger said the Tiebreaker modulars are being used as 2 SED classrooms, an Art room, and a storage room. At Ammon, one is being used for the gifted and talented and one for the sixth grade. Councilmember Bean asked Tom Hunsaker of Planning and Zoning what his reasoning was for five year extensions. Tom Hunsaker, 2135 S. Ammon Road, stated he actually doesn’t feel they should have any time limits. He concluded the five year period was made to work with the time the District projected it would take, until the modulars could be replaced by a new permanent building. Council discussed not being in favor with five and currently the City is operating on two years. Ron said these units don’t have any special limitations. We are at 11 buildings and 4 of them will be vacated, but they will remain on the property. It was discussed we had a maximum. Councilmember Bean said they are basically permanent structures. Ron said he thinks their intention is to move them, but they may have to be moved to Hillcrest. Ammon is a growing City and modulars reflect a City’s growth. In this economy, they might not be able to pass a bond. Councilmember Bean doesn’t have a problem extending the time, but if they have complaints and they start to run down, then the school will fix them up. Council discussed the time limits. Councilmember Bean motioned to approve the Conditional Use Permits – District 93 Modular’s – Ammon & Tie Breaker Elementary, conditioned upon the time frame being the same as the last one that was approved, which he believes was two years. Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion passed. st 2. Final Plat - 1 Amended Div. 1 – Sand Creek Place (Ron)*: City Planner Ron Folsom showed the lot to the Council, which includes World Gym and a Mexican Restaurant in the plaza next to Wal-Mart. They are Council Minutes 7-8-10 Page 3 of 9 trying to split Lot 4 into Lots 7 and 8. The building shadow line and parking striping will be the same. They are proposing a new Lot 7 that would include 2 rows of parking with a row along the front of the building and split Lot 8 out with one currently striped row of parking. Council approved this plat two years ago with the condition that Tom Arave and the owners of this property agree on the access to Tom Arave’s commercial property, which will use more of Hitt Road than Curlew. The two property owners are in agreement for the access to be allowed and their attorneys are working on it. It was discussed this plat was approved before, but there are new owners now. Parking requirements will be met with four parking spaces over and even with a restaurant they are still over by one parking spot. Councilmember Thompson asked what happens if a tenant comes in that pushes the parking. Ron said that is the property owner’s responsibility and if there isn’t parking, they wouldn’t be able to allow the tenant. When we get a tenant improvement, one of the first things we check is if there is enough room for parking. If they tried to put in another restaurant, we would tell them they could not. The logistics of the property was discussed. Councilmember Bean asked if these are 10 X 20 parking spaces. Ron stated they are. st Councilmember Bean motioned to approve Final Plat – 1 Amended Div. 1- Sand Creek Place upon condition of access to the contiguous lot on the east. Councilmember Coletti seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Coletti – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed. 3. Gold’s Gym Briar Creek – Preliminary Plat (Ron)*: Councilmember Kirkham had to leave at 9:00 p.m. City Planner Ron Folsom explained that properties to the north and south are zoned CC1, the property to the east is zoned PB and the property to the west is R1-A. He explained they are requesting splitting the property into 5 lots on the preliminary plat. Lance has done a technical review. Councilmember Thompson asked where John Adams is completed to. Lance said approx. halfway. Councilmember Thompson asked where access would come from. Ron said they have been told they can’t access on Ammon Road. They are hoping to have the final and site plan on next month’s agenda, which will show the access points. Water rights will be in the development agreement. Discussion ensued on the access point, which will be at Briar Creek. Councilmember Thompson asked about participation for a light at John Adams. Ron said if the Council does this, it will be a different method than has been done in the past. Councilmember Bean asked if the owner will have to develop another lane and a half. Lance said this hasn’t been decided, since it is a preliminary plat. Councilmember Thompson feels we need participation on the light, since it will increase the traffic on Ammon Road. Ron thinks the owner is aware of the road widening. Councilmember Powell asked about a contribution to a stoplight based on how many feet borders the main arterial. Scott said it would be better to negotiate this as a condition of the change. Leslie suggested adding a line item designated for stoplights that the funds go into to be used when the next stoplight is installed. Councilmember Thompson said it might be better served to get participation on the streets. Councilmember Bean motioned to approve the preliminary plat for Gold’s Gym Briar Creek, subject to technical review. Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. Councilmember Thompson asked Ron to make them aware of the possibility of participation on light controls and to request a traffic study when the property at John Adams is developed. 4. Justesen Property Boundary Question – C. Bruce Ard Plat (Lance/Ron)*: City Planner Ron Folsom explained that Lance has not had a chance to review this. Alan from Mountain River prepared this. City Engineer Lance Bates said in this section of Sunnyside Road the section line got off and by the time it reached Crowley Road there is an error of approx. 35 feet. Because there is a discrepancy of where Sunnyside Road goes and where the legal property is supposed to be, there has been a continuation of all properties along Sunnyside Road having legal descriptions not matching where they think the property lines go. Ron said when Mark Johnson built his house (in what is now Cottonwood Estates), there was an error with a fence line and when the survey was done he had to go in and reclaim the property. Verda Justesen, 4210 E. Sunnyside said in 1996 when they bought the land, David Benton went through the legal on Parcel 4. At that time, Idaho Land and Title omitted 33 feet going from the south in the legal description. By doing this, going back to the North it cuts their property where the occupational line is located. They have a driveway going by their shop, which her husband uses for his semi-truck. At the time they started using the driveway, they were not aware of any property disputes. The pictures have ribbons, which show the original property line and the new survey line. Ron said Mountain River feels their survey is right and Dave Benton’s was not recorded. Councilmember Kirkham asked Lance if the 33 feet is needed. Lance said he does not know what she Council Minutes 7-8-10 Page 4 of 9 is requesting the City to do. Councilmember Kirkham asked Verda if she was requesting the City deed it to them. Verta said yes, the back part of the land. Councilmember Kirkham suggested Verda sit down with Lance to look at the property dispute to see if the City needs this portion and if we don’t then we can come to an agreement. Verda feels it was a typo from Idaho Land and Title. Councilmember Kirkham motioned that the City Engineer review the boundary in suggestion and th come back August 5for a decision with the engineers’ recommendation. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed. (Note: Councilmember Kirkham participated in this decision, because the action items were not discussed in the order presented on the agenda.) 5. Change Order #1 – Pump Station Additions – Bodiford Construction (Forsgren/Lance)*: Husk Crowther, Forsgren & Associates presented the Change Order #1 for $6,606.19 for bracing on the baffle in the wet well, bends for transformer vault, labor associated with that, a beam changed out for the hoist, and relocation of HVAC ductworks. Councilmember Thompson asked Lance if he had looked this over. Lance said he has looked over most of it and it does seem to be in order. Councilmember Bean inquired how the billing works for the change orders. Husk said all of the costs are put into one pool; you divide the costs by your proportionate share, the proportional share calculated on your ERU’s (Equivalent Residential Units). He stated this week they went through the City of Shelley to make sure their ERU’s were brought to the same evaluation standard you the Council and EIRWWA board decided on the chart. Shelley has been estimating theirs at 1600. Forsgren has gone through the effort with the City of Ammon, to dictate what the chart is; now they are using that chart to adjust the City of Shelley’s. They are looking at the chart with the City of Shelley and it will be 20, 30, or 40 differences. Husk explained we are at the stage now when we concur on the ERU’s and that is how they determine who pays what share. Shelley has used their bond money, but they still have reserves. Councilmember Kirkham motioned to authorize Change Order #1 – Pump Station Additions – Bodiford Construction. Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Bean – Yes, and Councilmember Thompson – Yes. The motion passed. Husk said with all of the changes we are approx. $20,000 under the bid price, even after these change orders. The reality of the treatment plant is the costs associated are less than what was bid. When all is said and done it should be close to the bid price. 6. Change Order #2 – Hanson Street Changes – Bodiford Construction (Forsgren/Lance)*: Husk Crowther, Forsgren & Associates said Bingham County has seen the need for road improvements and road replacement, rather than a road repair. Forsgren has sat down with the County and the Contractor with the agreement that this wouldn’t change the cost of the project. He explained to Council that they will see the list that Bodiford and Bingham County have agreed to, which increases the cost to $47,711.73. The additional cost will be paid for by Bingham County, since they are receiving the benefit for those changes. There is no increase for the partners. City Attorney Scott Hall said they are just piggybacking onto this for the road repairs. Husk said yes and that Bingham County didn’t like a repaired road and decided to redo the road. Lance clarified since the City of Ammon has the contract with Bodiford, the City of Ammon will be responsible for the funds and we would need to collect them from Bingham County. Councilmember Bean motioned to approve Change Order #2 with the condition to increase the contract from $6,606.19 to $47,711.73, conditioned upon Bingham County paying to the City of Ammon the $47,711.73 when we are billed by Bodiford. Scott Hall asked about a commitment letter from Bingham County. Councilmember Bean amended that the City receives a letter of commitment from Bingham County that they will pay the $47,711.73. Husk requested the limit of the amount not be included, due to changes in the amount for Bingham County. Scott said you are suggesting a line item approval for the things Bingham County is going to do based upon Bingham County giving us a letter stating they will pay for all of the line item improvements regardless of the price. Husk said yes. Councilmember Bean said we are doing an open ended change order. Husk explained essentially it is. Council Minutes 7-8-10 Page 5 of 9 Councilmember Bean withdrew the previous motion. Councilmember Bean motioned to approve the Change Order #2 without a dollar amount based upon a line item negotiated contract and potential changes, with an agreement that Bingham County will pay for all the items on the change order and will reimburse the City of Ammon those costs being charged by Bodiford under the contract, and that Bingham County gives us a commitment letter that they will pay for all line items on the change order regardless of the costs, within 30 days of our billing it to them. Councilmember Thompson seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, and Councilmember Kirkham – Yes. The motion passed. 7. Change Order #3 – Time Extension – Bodiford Construction w/Scott’s Review (Forsgren/Lance): Husk explained that the paper order has not been created, but it will be at no cost. They need a time extension to the general contract for the tie in on Country Club, because they don’t want to tear up the intersection twice. They would like to get HK Contractors started on segment B. There is a pre-construction meeting with HK next week. Councilmember Powell asked what the date was. Husk said they don’t have a date yet, but it will happen when Ammon gives them a notice to proceed. Councilmember Bean asked if it is 30, 60, 90 or 180 days. Husk said 30 days. Councilmember Kirkham motioned to table Change Order #3 – Time Extension – Bodiford Construction. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed. Councilmember Bean asked when they will be bidding the final section. Husk said 60 days. Councilmember Bean asked about the completion. Husk said they need direction from Council as to when they want it to finish. They can change order into one of the other contracts. If it’s into Bodiford’s contract, we could have it complete before segment B. We can give them a time for completion. Councilmember Bean asked when it will be 100% complete. Husk said there will be a 320 day window from the notice to proceed, about 11 months. He explained some of it depends on Segment C as well. Councilmember Bean asked how the right-of-ways are coming. Husk said no problems he is aware of, but they have had two meetings with the next person/property owner who is having their attorney reviewing the documents. The reason all the effort is going in there is to reduce costs. They received correspondence from Idaho Falls regarding the Hitt Road realignment. They are willing to talk to us about where, in that corridor, it would go in the part they control. 8. EIRWWA Monthly Statement Payment Authorization (Leslie)*: Leslie explained that the current bill was $57,850.44 and wanted to bring it to Council for their attention. Councilmember Powell said that Councilmember Kirkham talked to Husk about this and he indicated the numbers may not be correct. Councilmember Powell said Councilmember Kirkham recommends paying all except Forsgren, less the credit. Councilmember Powell said Forsgren is charging approx. $125 per hour. Forsgren is going back and looking at the man-power hours. Lance explained the costs and how they are usually figured. It was discussed this may be a typical bill from now on, but there is a lot of fluctuation from the last two months. Councilmember Bean has asked them to attach invoices from all of them, as well. Leslie stated they have been. Councilmember Bean asked about the City of Shelley’s revenues. Councilmember Powell motioned to pay EIRWWA for the June 2010 expenses of only Rocky Mountain Power, V1 Propane, Qwest, and Mathews Plumbing without Forsgren until the numbers are confirmed and subtracting whatever Shelley paid. Councilmember Coletti seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed. 9. Appoint EIRWWA Board Member: Councilmember Kirkham requested to table this appointment until Mayor Ard has been talked to. Councilmember Kirkham motioned to table the appointment of the EIRWWA Board Member, until we have had a conversation with Bruce Ard. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, and Councilmember Bean – Yes. The motion passed. Councilmember Kirkham will talk with Mayor Ard. Council Minutes 7-8-10 Page 6 of 9 10. Change Order #2 – Well 9 Booster Station (Keller/Lance)*: Jeff Freiberg, 356 W. Sunnyside said the Change Order #2 is for $7500.00 final payment to Depatco, including adding some days to the date they finally finished, which was the end of May. This will complete the project. Lance said they have been negotiating on this and has it down to a reasonable amount. Keller said it’s less than 1%. Councilmember Bean motioned to approve Change Order #2 – Well 9 Booster Station. Councilmember Coletti seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed. Jeff said Well House 9 is up and operational. 11. Div 8, Block 10 Lot 15 Quail Ridge Estates - Hearing Schedule for Disposition of Lot (Ron/Scott): City Attorney Scott Hall recommended taking this issue to executive session. Councilmember Thompson motioned to table Div 8, Block 10, Lot 15 Quail Ridge Estates – Hearing Schedule for Disposition of Lot. Councilmember Powell seconded. Roll Call Vote: Councilmember Thompson – Yes, Councilmember Powell – Yes, Councilmember Coletti –Yes, and Councilmember Bean – Yes. The motion passed. DISCUSSION ITEMS: 1. July 29 Public Hearing Procedures for Expanded Constituent Participation (Leslie)*: Leslie stated the staff has had many complaints and possibly will be receiving some petitions. She would like to plan for having a packed house. Bruce Patterson is installing closed circuit television at the Fire Department that will also enable us to move some constituents over there, if we run into a situation we are not prepared for. She said when the meeting starts; the Mayor will start by telling them about the form which enables the constituents to speak at the public hearing. The City will start with the alphabet A-D to start to speak at the hearing. Stacy will have the parking lot cleared out from City vehicles, so there is plenty of parking. Ron said they have an agreement with the church for parking. Leslie said we will be able to accommodate 164 people. The police will be on notification and we will have 1 possibly 2 officers. Leslie said a lot of constituents are angry. Councilmember Thompson asked what had been promised when we did the bond. Lance said there would be an increase of $5.25 per month, then $4.75 per month and further increases that weren’t enumerated. Councilmember Powell said none of the increases took place and wanted to know why. Leslie said nobody on council wanted to do it. Ron said the bond literature said our current rates are 18.25 and 19.50. We were going to take the 18.25 to 23.50 in 2007 and then to 28.25 in 2008 and beyond. People are looking at the 18.25 and saying we should be at 28.25. That is coming from a quote from the Post Register. Councilmember Powell asked if the water rates incrementally go up. Lance said no. Leslie said it’s tough to increase the rates. Lance said there is a discrepancy between everything you read. Councilmember Powell requested seeing what we handed out. Leslie said they all had it in an email. Councilmember Powell said he couldn’t open it up. Leslie said she would have Bruce fix it. Ron said in 2008 we should have been at 28.25, but it never happened. Councilmember Powell asked if we had raised the rate right now to what we said it should have been in 2008, how much are we deficient. Lance said if we only raised it to where it says, we would be getting $540,000 more per year than we are now. We have to come up with $1,052,000 per year. Lance explained the number of customers for our base has changed, as well. Leslie explained the disparity of billing that was previously used. April had given the statement count to Lance, however, this didn’t include electronic payments, etc. Leslie went into the system and generated the customer counts from the internal billings that the computer generates. Lance said there were about 3,800 people recognized for their vote on his calculations. Lance stated we have 250+ commercials with only about half being metered/read. Ron talked about how commercial is charged, versus residential customers. Ron stated the brochure says the commercial properties account for 25% of total revenues and residents account for 75%. Ron explained every apartment gets charged $12.50. He explained using this theory will raise the increase of commercial rates, but lower the increase of residential rates. Ron talked about approx. $93 for every commercial connection and the square feet of small commercial versus large commercial. Leslie stated there are 883 units of RP/RPA/RE’s. According to Ray’s charts the entire City used 173 million gallons last month with 73 million gallons of that used by Quail Ridge, Founder’s Point, and Hawks Landing. She feels we need to be looking at metered rates given that knowledge. Ron stated that residential rates Council Minutes 7-8-10 Page 7 of 9 won’t have to rise as much, as long as, Council is willing to raise commercial rates. It was discussed that RP-A rates need to go up, too. Councilmember Powell talked about church rates, as well. Leslie talked about the water rights on Quail Ridge. They are using more than a million gallons on landscaping. Councilmember Powell asked if there was a meter on the common area at Quail Ridge. Lance explained where the meters were located and will get the hard facts of meters to Councilmember Powell. Councilmember Powell talked about the common area of Quail Ridge discrepancy, versus residential rates. Ron talked about how much they actually use, and we probably are not charging enough. Leslie talked about the lack of water conservation with the larger lots. She stated Ken would be willing to give a conservation class for anyone interested. The budget discrepancy was discussed and the payment needs to be changed to correctly reflect the payment amount. Council discussed the options for subsidizing the rates. Councilmember Bean talked about our connection fees and how they should be put in a reserve fund. Leslie asked for Scott’s opinion about petitions and if the Mayor or Council, if approached, could discuss it with the group with the petitions. Scott stated it is a public hearing and they will have to act as a judicial being. The Mayor may have to vote. He recommends encouraging people to come to the public hearing. Councilmember Powell talked about having figures/graphs to give so people can see what we are proposing. It was discussed that the RP/RPA/RE rates will be different than what the flyers say. Leslie talked about the logistics for the meeting and the concerns of the constituents. She explained that a lot of people are requesting metered rates. Ron talked about the older portion of Ammon and the growth complaints. Councilmember Powell suggested answering a lot of these questions beforehand. Councilmember Powell will help with this project. Councilmember Bean talked about restrictions on increases to low-income housing. 2. Magistrate Commission Member (Coletti)*: Councilmember Coletti explained that Mayor Ard is on the commission. He has found out that the governor is supposed to select someone to replace him and it will probably be someone from the City. Scott said there is one person from the County, the City’s, two lawyers appointed by the local bar association, an administrative law judge, another magistrate, and three persons appointed st at large on the commission. Scott thinks it’s on July 21when interviews take place. Scott said he thinks the administrative law judge oversees the nomination. Councilmember Coletti will talk with Judge Shindurling (administrative law judge) and encourage him to look at someone from the City. 3. Misc. EXECUTIVE SESSION: 1. Personnel Evaluations - Idaho Code 67-2345 (1-b) 2. Real Property Acquisitions - Idaho Code 67-2345 (1-c) 3. Pending Litigation - Idaho Code 67-2345 (1-f) Councilmember Bean motioned to move into executive session pursuant to Idaho Code 67-2345 (1-c) real estate property. Scott requested Leslie and Ron to stay. Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, and Councilmember Thompson - Yes. The motion passed. The meeting adjourned into executive session at 10:05 pm. Councilmember Bean motioned to move back into regular session. Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, and Councilmember Thompson – Yes. The motion passed. The meeting went back into regular session at 10:14 p.m. Councilmember Bean motioned to table Action Item 11 for further discussion and scheduling of a hearing for disposition of the bond. Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, and Councilmember Thompson – Yes. The motion passed. Council Minutes 7-8-10 Page 8 of 9 Councilmember Bean motioned to adjourn. Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, and Councilmember Thompson – Yes. The meeting adjourned at 10:15 p.m. _____________________________________ Steve Fuhriman, Mayor __________________________________ Leslie Folsom, City Clerk Council Minutes 7-8-10 Page 9 of 9