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04212011CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, APRIL 21, 2011 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AGENDA THURSDAY, APRIL 21, 2011 – 7:00 P.M. CALL TO ORDER: Mayor Steven Fuhriman at 7:00 p.m. Pledge of Allegiance – Councilmember Kirkham Prayer – Councilmember Bean MINUTES: Feb 23, Mar 3, Mar 10, Mar 17, and Apr 7, 2011* ITEMS FROM MAYOR: CONSENT AGENDA: Business License* Accounts Payable – Exhibit A AMMON LIGHTING DISTRICT #1 (City Council acting as Lighting District Board): CONSENT AGENDA: Accounts Payable – Exhibit A ITEMS FOR/FROM TREASURER: PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation) PUBLIC HEARINGS: None ACTION ITEMS: 1.Independent Electrical Inspector Contract Approval (Bean)* 2.Resolution 2011-008 – Utility Sanitation Apartments (Kirkham)* 3.Authorize Judicial Confirmation for Additional $5 Million Sewer (Kirkham) 4.Expand Terms of Sewer Loan from 20 Years to 30 Years with Increasing Interest from 2% to 2 1/4% (Kirkham) 5.School Dist. 93 - $70,000 Payment for Conditions of Easement in lieu of Actual Construction of Surface Irrigation System 6.Ord. 500, Title 6, Chapter 3 – Child Care Updates (Ron)* DISCUSSION ITEMS: 1.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 City Officials Present: Mayor Steve Fuhriman Councilmember Dana Kirkham Councilmember Lee Bean Councilmember Brian Powell Councilmember Rex Thompson Councilmember Sean Coletti Councilmember Russell Slack City Attorney Scott Hall City Clerk Leslie Folsom City Planner Ron Folsom City Engineer Lance Bates City Treasurer Jennifer Belfield City Council Minutes 4-21-11 Page 1 of 8 City Officials Absent: None CALL TO ORDER: Mayor Steven Fuhriman opened the meeting at 7:04 p.m. at the City Hall building located at 2135 South Ammon Road. Councilmember Kirkham led the Pledge of Allegiance. Councilmember Bean offered the prayer. MINUTES: Feb 23, 2011*: Councilmember Kirkham motioned to approve the minutes of February 23, 2011 changing Ida from 5 years to 5 terms and the name Myron Knute should be Knut Myron. Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes, Councilmember Slack– Yes, and Councilmember Powell - Yes. The motion passed. Mar 3, 2011*: Councilmember Kirkham motioned to approve the minutes of March 3, 2011, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Bean – Abstained (Absent), Councilmember Thompson – Yes, Councilmember Slack – Yes, and Councilmember Coletti – Yes. The motion passed. Mar 10, 2011*: Councilmember Kirkham motioned to approve the minutes of Mar. 10, 2011, as presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Slack– Yes, and Councilmember Bean - Yes. The motion passed. Mar 17, 2011*: Councilmember Kirkham motioned to approve the minutes of March 17, 2011, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Slack – Abstained (Absent), Councilmember Coletti – Yes, and Councilmember Bean – Abstained (Absent). The motion passed. Apr 7, 2011*: Councilmember Kirkham motioned to approve the minutes of April 7, 2011, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Abstained (Absent), Councilmember Slack– Yes, Councilmember Thompson – Abstained (Absent), and Councilmember Bean - Yes. The motion passed. ITEMS FROM MAYOR: Mayor Fuhriman said they had an award to give Leslie Folsom for Municipal Clerks Week. He presented Leslie with a Proclamation and a bouquet of flowers to honor her. Mayor and Council thanked Leslie for all her hard work. CONSENT AGENDA: CITY OF AMMON BUSINESS LICENSE CONSENT AGENDA April 21, 2011 License applications, carrying the required documents, pending approval of the City Council: GENERAL BUSINESS LICENSE: 1.RENEWAL GENERALBUSINESS LICENSE APPLICATION: A.AT&T Mobility – Cell Tower/Antennas – 2483 S. Eagle Drive – Site 2 th B.American Promotional Events/Wal-Mart – Retail Sales of Safe & Sane Fireworks – 1201 S. 25 E. th C.American Promotional Events/Kmart – Retail Sales of Safe & Sane Fireworks – 3101 E. 17 Street th D.American Promotional Events/Albertson’s – Retail Sales of Safe & Sane Fireworks – 1901 S. 25 E. E.Nature’s Path – Retail Sales – Holistic Health – 1615 Curlew F.Amedisys Idaho LLC – Home Health Services – 1480 Midway Ave. Unit 7 th G.Panda Express – Restaurant – 1151 S. 25 E. HOME OCCUPATION PERMITS: 1.RENEWAL HOME OCCUPATION PERMITS: A.Hill Enterprises – Vending Machines – 3697 Ellendale Circle B.Faux Masters Plus – Painting – 3801 Orchard Circle City Council Minutes 4-21-11 Page 2 of 8 C.Cuts, Colors, Curls – Salon – 3015 Western Ave. D.Stallings, Erica – Salon – 3923 Willow Ridge Drive E.K. Murdock Construction, LLC – Construction – 4029 Eastwood Circle F.Jo’s Sewing & Quilting – Sewing & Quilting – 4370 Mason Street G.Southwick Black Belt Academy – Martial Arts Instruction – 2250 Bittern LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: 1.RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: th A.Padilla, Kayla Sue – Bartender/Carino’s – 2833 S. 25 E. MASSAGE LICENSE: 1.NEW MASSAGE LICENSE: th A.Lewis, Benjamin – Massage Therapist/Massage Envy – 3047 S. 25 E. Business License*: Councilmember Coletti motioned to approve the Business License Consent Agenda, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes, and Councilmember Kirkham – Yes. The motion passed. Accounts Payable – Exhibit A: Councilmember Slack asked about the reimbursements for the fire station damage. Leslie explained it is covered by insurance and we have already received a check for $8,000 and another check for $12,000 is coming. We are being reimbursed for all of it. Jennifer said we only had to pay the $500 deductable. Councilmember Bean motioned to approve the Account Payable – Exhibit A, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion passed. AMMON LIGHTING DISTRICT #1 (City Council acting as Lighting District Board): Mayor Fuhriman entered the Council into session for the Ammon Lighting District #1, acting as the Lighting District Board. CONSENT AGENDA: Accounts Payable – Exhibit A: Councilmember Slack motioned to approve the Accounts Payable – Exhibit A as the Lighting District Board, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. Mayor Fuhriman returned the Council back to the regular City Council Meeting session. ITEMS FOR/FROM TREASURER: Jennifer said she wanted to inform everyone that Councilmember’s th Kirkham and Thompson along with the Department Heads would be meeting with BDPA on April 27 at 11:00 a.m. to discuss the wage study. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation): None PUBLIC HEARINGS: None ACTION ITEMS: 1. Independent Electrical Inspector Contract Approval (Bean)*: Councilmember Bean stated that Scott has reviewed this and the City will use this contract for all electrical inspectors. Charlie Allen, Building Official for the City of Ammon said he has discussed the wages with Terry and Jane. The fee is the same and covers the paperwork and gas. They have to hold three inspections on a building. City Council Minutes 4-21-11 Page 3 of 8 Charlie said he will monitor it and if the City goes in the red he will address it. Additional inspections will be charged $40. Councilmember Powell asked if the City permits werepicking up. Charlie said this is the bestmonth since last year and it beat out even the summer months of last year. Charlie stated that last year finished in the black. Councilmember Bean motioned to approve the Independent Electrical Inspector Contract, as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes, and Councilmember Kirkham – Yes. The motion passed. 2. Resolution 2011-008 – Utility Sanitation Apartments (Kirkham)*: Councilmember Kirkham explained this will adjust the apartment’s sanitation rate. Councilmember Kirkham made the motion to approve Resolution 2011-008 Utility Sanitation Apartments, as presented, to be effective April 1, 2011. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed. 3. Authorize Judicial Confirmation for Additional $5 Million Sewer (Kirkham): Councilmember Kirkham said she doesn’t want to do this, but doesn’t feel the City has any choice. She has met with Husk and Dave from Forsgren before the meeting, because there is an issue with the lining up at elevation of the Woodland Hills Lift Station that will cost an additional $200,000. Councilmember Coletti asked about opinions regarding what Ted said. Councilmember Kirkham said the response was “if you could reduce your O&M from $9 to $6”, but we already know $9 is not enough. Councilmember Slack said Ted also wanted us to have no reserve at all. Councilmember Powell said there are two projects we need to make sure to finish - the interceptor and the IBSD separation line, then the City should be fine. Councilmember Slack said we are a City and not someone who works for a living who could bring in additional income by working additional hours or taking on an additional job and we can’t bind future Councils to save any money to pay the loan off earlier. Councilmember Kirkham said future Councils will never pay it back early. Councilmember Powell said right now you have a chance, and if you forego this chance, you can’t go back. Councilmember Kirkham said it should give you pause that Ted is even concerned about going to the 30 year loan. Councilmember Thompson said the City will have growth to help pay it. Councilmember Kirkham said we started out at $15 million then went to $20 million and now we are voting on going to $25 million, plus extending the term of the loan. Increasing the time, increases the interest rate. Discussion ensued. Scott said in order for this to qualify for a judicial confirmation, that he wants to make sure the Council has determined that providing wastewater treatment is an ordinary and necessary expense of the City and he thinks they have already determined that, because they have a plant that is 90% constructed. You are in an extremely urgent time frame, since you can’t wait and may end up with a project that fails. Scott said the loan has to be used for the wastewater project, which would include separating from IBSD. Scott feels the equipment is part of the project. It also has to be an emergency situation. Councilmember Powell said we are at a user rate of $42 and we will have a 4% increase, which will take you to $44. If you keep it at a 20 year note and borrow the $5 million to finish your projects, you will be at $49. Scott said the citizens wanted to own their own system and control their own destiny. Councilmember Kirkham made the motion to authorize the Mayor to move forward with the Judicial Confirmation for an Additional $5 Million for Sewer, based upon our findings, that it is a necessary and ordinary expense and it is urgent to cover the shortage. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Bean – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Slack – Yes. The motion passed. 4. Expand Terms of Sewer Loan from 20 Years to 30 Years with Increasing Interest from 2% to 2 1/4% (Kirkham): Discussion ensued on to the ramifications of either action. Ray Ellis, 2940 Sawtooth said as a citizen that he hates to see it go 30 years. He said we face some major We can keep the rate down, but if we have infrastructure situations in the older parts of town he lives in.a major project the chances of passing another bond would be slim. He will pay the $50 or $60, because that’s where it’s headed so the City has a future. Councilmember Kirkham asked Ray as a citizen how he felt about going from $42 to $50. Ray said he felt $50 was a bargain. City Council Minutes 4-21-11 Page 4 of 8 Leslie Folsom, 2750 Sawtooth said she thinks government is never as fiscally responsible as it needs to be when you have Councils that change. Council can extend the constituents’ obligation from 20 to 30 years, but where do you stop the spending. Somewhere if you put the restraints on, the government will stay within the restraints. She said nobody is figuring for growth and the growth will take care of this. She would rather pay the $49. Councilmember Slack is concerned that even at 20 years, there will not be funds for a major project. Leslie said Lance has funds in his budget to help build the reserve. Councilmember Kirkham said but we determined Lance’s O&M isn’t going to happen. Leslie said she feels that a lot of the infrastructure failures in the older sections will happen within the next 15 to 20 years. At that time, we will still have indebtedness. Councilmember Bean asked how the City will get the funds in 20 years. Leslie said at this point she would assume that the constituents would approve another bond, since the infrastructure was collapsing. Ray said DEQ requires us to build 10% reserves. Councilmember Kirkham said we have to live within our means. Water and Sewer are essential. Maybe you have to cut in other areas like Parks and Recreation and other areas that aren’t essential. Councilmember Bean said we are in other people’s pockets and not our own. He thinks it is ok to look at a shorter term, as long as, it can be handled within your income. Councilmember Thompson said he suggests raising the rate 4% every year and in four years you would be done. This will make up the difference in reserves and we could eventually have more connections. Councilmember Slack said he has had several business owners call him with their concerns with rates. Councilmember Kirkham said we are higher than Idaho Falls, but lower than Rigby. Scott said this is because the other cities have upgraded and Idaho Falls has not. Councilmember Kirkham asked the Council where they were at: Councilmember Slack - 30, Councilmember Thompson - 30, Councilmember Bean - 30, Councilmember Kirkham - 20, Mayor - 30, Councilmember Powell - 30, and Councilmember Coletti - 30. Councilmember Bean motioned to approve a 30 year term and notify DEQ concerning the sewer bonds. Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Slack – Yes, but with reservations, Councilmember Thompson – Yes, Councilmember Coletti – Yes, Councilmember Kirkham – No, because there are other ways the City could cut back within the City and stay fiscally responsible. The motion passed. The Council instructed the Mayor to contact DEQ. 5. School Dist. 93 - $70,000 Payment for Conditions of Easement in lieu of Actual Construction of Surface Irrigation System: Councilmember Kirkham said this is basically asking for an adjustment in our terms, since the City has said it would be in charge of the construction project. There has been some disagreement about what the scope of that project was. The School District said they would be responsible and do the construction, if the City would cut the District a check for $70,000. Lance said when the District awards the bid then the City can give the District the check. Council loved the idea. Councilmember Kirkham said when the IBSD easement is signed then the check is given. The Mayor said we don’t want to encourage a power struggle. Councilmember Slack motioned to authorize a check to be cut for $70,000 to School District 93, with the caveat, that the check is given when they sign the easement. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, and Councilmember Bean – Yes. The motion passed. Scott said the easement language didn’t make sense, so he gave it to the School District’s attorney, Mr. Nelson. 6. Ord. 500, Title 6, Chapter 3 – Child Care Updates (Ron)*: Ron stated that this ordinance brings the City into compliance with the State Statute. There was no major change, except to raise the City’s ratios thst effective April 25, which won’t go into effect until July 1. This is the soonest the State can enforce them and gives caretakers time to adapt to the changes. Councilmember Powell read Ordinance 500 and Summary AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING PORTIONS OF THE CITY CODE TITLE 6, HEALTH AND PUBLIC SAFETY, CHAPTER 3, CHILDCARE; SECTION 6-3-1, PURPOSE, SECTION 6-3-2 DEFINITIONS, SUB-SECTIONS (T) AND (BB), SECTION 6-3-4 TYPES OF LICENSES, SUB-SECTION F, CHILD CARE ON SITE NON-PROVIDER LICENSE, SECTION 6-3-9, CRIMINAL BACKGROUND CHECK, SUBSECTION (C), SECTION 6-3-10, STAFFING REQUIREMENTS; PROVIDING SEVERABILITY; PROVIDING REPEAL OF Councilmember Powell motioned that the City CONFLICTING ORDINANCES; AND PROVIDING EFFECTIVE DATES. Council dispenses with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Thompson seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, Councilmember Kirkham – Yes, Councilmember Bean – Yes, and Councilmember Coletti – Yes. City Council Minutes 4-21-11 Page 5 of 8 Councilmember Powellread Ordinance 500 and Summary AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING PORTIONS OF THE CITY CODE TITLE 6, HEALTH AND PUBLIC SAFETY, CHAPTER 3, CHILDCARE; SECTION 6-3-1, PURPOSE, SECTION 6-3-2 DEFINITIONS, SUB-SECTIONS (T) AND (BB), SECTION 6-3-4 TYPES OF LICENSES, SUB-SECTION F, CHILD CARE ON SITE NON-PROVIDER LICENSE, SECTION 6-3-9, CRIMINAL BACKGROUND CHECK, SUBSECTION (C), SECTION 6-3-10, STAFFING REQUIREMENTS; PROVIDING SEVERABILITY; PROVIDING REPEAL OF Councilmember Powell motioned the adoption of CONFLICTING ORDINANCES; AND PROVIDING EFFECTIVE DATES. Ordinance 500 and Summary as an ordinance of the City of Ammon on its third and final reading. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes, and Councilmember Coletti – Yes. The motion passed. DISCUSSION ITEMS: 1. Misc.: Councilmember Bean asked Dave from Forsgren for an update as to where the Region is at with hiring a manager. Dave Nowell, 1865 Ross with Forsgren said they met with one of the candidates that had previously been offered the current operation position. He indicated that if the price was right, he would be willing to consider an offer as a manager operator. He has talked with two different people and another local person who would be qualified as a part-time manager only. So the option would be a manager who does both or two people one full and one part-time manager. Councilmember Bean asked if this would be a problem for a part-time manager. Dave said there isn’t enough for a full-time manager at this point and doesn’t feel there would be for quite some time. Dave feels one day a week of real management is enough to perform all the management tasks and this would support Carl. Carl probably needs help with identifying budget items that are appropriate, specifically items that are not listed correctly on the budget Forsgren prepared. Dave said there are also some problems with the DMR reports that prove the affluent discharged by the facility into the Snake River meet permanent requirements. Carl has indicated that he needs someone to do the reports, but it is up to the authority as to where the money is spent. Councilmember Bean asked what a laborer would cost. Dave said with no certification, it would be $17 - $18 per hour range. For a manager, you are going to be in the $27-$30 range. Councilmember Slack asked them about the award. Dave said they have applied and there are three candidates that have been selected to be interviewed for the Idaho Project of the Year. Council asked about the easement. Dave stated he has corresponded with Tana who stated there is a concern, from one of the farmers, that the irrigation water would be shut off during construction. Dave pulled out the language and added that the contractor is required to coordinate with the farmers and the land owners to verify that there would not be an interruption of critical farming processes such as irrigation, cultivation and harvesting. She has indicated in her email that this is satisfactory. Councilmember Thompson asked why they waited so long for the easements for Section C. Dave said the Council said to slow down on Segment C and then they didn’t feel the easements were as critical to push. The easements have been acquired without cash, but with future connections to the system. Councilmember Kirkham said it is cash. Dave said the Region is purchasing easements with future connections and they have tried to be consistent with a certain amount of the land equals so many easements. However, the City has requested them to speed up, so they will. Lance said they are looking at going out for bid on both projects and hope to see them awarded around the same time. Councilmember Thompson asked how long it would take to do both projects. Lance said the IBSD is at 120 days for substantial completion, with another 30 days for final completion, which will be around late October. Part C would be around 180 days. Leslie asked if they would have to enter into an extension of the contract with Idaho Falls. Councilmember Kirkham said the current contract ends December 31, 2012 and at that point of time we will still have flow going into their lines, so we will renegotiate the terms. Leslie said she had found a separate letter from Mayor Ard telling Idaho Falls we would give them a year notice. Lance said he has not been able to set up a meeting with Jess Winger to discuss continuing operation of our sewer lines. Councilmember Slack gave a quick update on Ammon Days with all areas sold, except the breakfast sponsorship. Sno cones and cotton candy that have been free will be having some changes. When people sign up for the raffles, they will get three free items. So a family of 5 would have 15 free tickets and then it will be 25 cents for refills. The City has received $19,500 in revenue, before any booth spaces are sold. They are possibly looking at Bar J for entertainment and some hypnotists. Instead of music playing in the middle of the day, Ammon has talent will occur with the Mayor and the major sponsor for the judges. Councilmember Coletti said he has someone who would like to coordinate the talent event. He will have them come to the next Ammon Day meeting. He has been looking at a way to get fireworks, but Ammon Days would end before dark, so Ammon Days probably won’t City Council Minutes 4-21-11 Page 6 of 8 include any fireworks. It should end at 7 p.m. and there is a rodeo that night with another event. Council thanked Councilmember Slack for his good job. Councilmember Kirkham asked Husk to bring up his diagram. Councilmember Kirkham asked the Council to follow the yellow line. The original line would not disconnect Woodland Hills from its “temporary” lift station and the City wants it disconnected. Councilmember Thompson asked why this wasn’t considered. Husk said there was more cost to the project, and as a design engineer he was unaware that it was wanted. Councilmember Kirkham said when this was designed; it was before we knew we had a problem at Ross. Councilmember Thompson said it was always designed to someday go across the park and hook right into the regional system. This is what he always understood. Husk said they weren’t part of that design. Rockwell built it and no one told Forsgren that it was going to be connected. Councilmember Kirkham said the City made the decision to lower the line, so the City could make sure Woodland Hills was not dumping into the Ross Lift Station anymore. Follow the blue line to the red line and HK has started to dig there and they have hit rock. Husk said it was $200,000 was to go 300-400 feet to finish segment B. Forsgren has had them stop work on this section and they have done a model to see how far the rock extends. Husk hired a contractor to determine how much longer they would be in the rock, and it is a long ways. Councilmember Powell asked how far down do you go before you hit it. Lance said some of the rock has been 15 to 18 feet deep, and the pipe needed to be about 5 feet deeper than that. The City has two options. We could go back to the original design, but the City forfeits the $1 million spent to lower section B and it doesn’t solve the Woodland Hills and Ross Lift Stations problems. For the second option, Husk said you would pivot around a fixed point where Woodland Hills comes in and raise the end of it by flattening the slope. The City will still have enough flow. Husk said you will have to go to a larger diameter pipe, from the currently planned 36 feet to 42 feet. For an additional $200,000 it will solve the problem. Lance said it won’t get the line to Ammon Road. Councilmember Bean asked how much it’s going to cost to run the line to Woodland Hills. Husk said the extra line is ¾ of a mile and will cost 3 quarters of a million dollars. Councilmember Thompson said how about hooking onto the lift station, not where it crosses the road or goes out to Ammon Road, but by the park. Husk said the eastern interceptor line doesn’t hook onto the lift station at all. The other line or new plan we ended up with is, because Ammon has run a 30 inch line down Sunnyside and diverted that and come down Ammon Road and across the rest of the Union Pacific alignment. This design also cannot eliminate the Judy lift station. Lance said it now pumps up to Sunnyside. We will look at pumping directly into the eastern interceptor line which significantly decreases the elevation and distance it has to pump. Husk said the $200,000 is an estimate. Councilmember Kirkham said we stopped work with HK and put it out to bid and it will probably be less than $200,000. Husk said we started to excavate rock when HK hit it at 6 inches, then we reached a point when we said don’t do any more. Council was ok with putting it out to bid. Councilmember Powell asked if they were only bidding the rock part, does HK still have the contract for the rest of the line or did you say HK isn’t doing anything. Husk said don’t finish the last 300 feet. Councilmember Kirkham said if they had continued on it, it could have added $700,000 to $800,000. Councilmember Slack said in essence you have shortened segment B and we are lengthening Section C. Councilmember Kirkham said yes. Councilmember Powell said the City has a fiber contract with a payment of $48,000 to run the fiber to the tower, plus $750 per month. The contract is waiting for review. Councilmember Slack asked how long the contract is. Councilmember Powell said 5 years. Councilmember Coletti stated he will be attending the scholarship banquet Thursday. Councilmember Powell requested a photo for the newsletter. Leslie informed the Council of an error when she told them about the Chamber Legislative breakfast. Council will need to RSVP to The Chamber of Commerce, if they are going to attend. Leslie notified the Council that Brent Johnson has come into the City regarding the sewer charges on th his property at 4127 E. 17 Street. Ron said just as you turn down Ridgewood, it is on the east side. Leslie said when it was annexed in; there was not an exception for the sewer. Normally when they annex in, they ask for an exception and they keep their septic line. When the audit is done, technically without that exception on their annexation, we have forced them either to connect or to pay the monthly sewer rate and not have to connect. He is protesting and doesn’t want to pay the sewer fees. Ron said the bottom line is, if something goes wrong with the septic system the Department of Health would tell him he has to connect. The City has been charging for sewer, but he isn’t connected. Leslie asked Council if we continue to charge and tell Brent to pay it or do we refund it. Councilmember Kirkham asked if the Ordinance address this kind of situation. Ron said it says they are supposed to connect within 200 feet and he is within that distance. Councilmember Kirkham asked what it would cost if we connected him. Ron said the sewer connection fee is $1400. Councilmember Bean said if he had come in and asked City Council Minutes 4-21-11 Page 7 of 8 for an exception, we would have granted it. Ron asked if we would have charged him the sewer rate, because the sewer is available. Councilmember Kirkham said she tries to see it from their side too. Councilmember Kirkham said we need to be careful here, because we are already at odds with Brent and we need to remain consistent. Scott said since it has been a rental, Brent would need to establish he was the one paying the fee. We will not refund someone else’s fees to him. Councilmember Kirkham said stop charging it, don’t discuss any refunds and see what happens. Leslie said in the future we need to include these issues in the annexation. Husk Crowther, Forgren Associates said Brent Johnson has been included in the bond, since he has been paying the charges. If you don’t charge him, he will not be an existing customer and when the time comes will have to pay the connection fee. So it would be to his advantage to connect now while he has been paying the sewer bill, since he is a current customer. Ron said he doesn’t have to pay a connection fee if he connects now, but if he stops paying then he would have to pay the current connection fee when he needs to connect. Council concurred. 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 Kirkham motioned to adjourn. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed. The meeting adjourned at 8:58 p.m. _____________________________________ Steve Fuhriman, Mayor __________________________________ Leslie Folsom, City Clerk City Council Minutes 4-21-11 Page 8 of 8