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Minutes - 1998 - City Council - 02/24/1998 - RegularEAGLE CITY COUNCIL MEETING MINUTES February 24, 1998 PRECOUNCIL: 6:30 pm - 7:30pm 1. Sheriff's Monthly Report - Lt. Cowles distributes the monthly report. General discussion. 2. ACHD representative Susan Eastlake will present information regarding the proposed fee changes for APA. Susan Eastlake distributes a handout to Council and discusses the fee structure for APA. Committee is recommending Alternative A. APA would like Councils' input and recommendations. General discussion. 3. Discussion of proposed Skateboard Park. Deputy Justin Helm, Ada County Sheriff's Office, discusses the skateboard park and the participation of the Sheriff's Office. 4. Mike McCurry, 694 Palmento Drive, discusses the skateboard park and the need for the park. Thinks it will reduce crime and get kid's off the streets. Would like to have a continued Sheriff patrol to help eliminate any problems. Will need lights, drinking fountain, trash bins. Would like to help build the park and maintain security for the park. Matt Chambers, 1471 Leslie Way, works for a skateboard shop in Boise, discusses the skateboard park and the need for a park in Eagle. Skateboarders will keep the park clean, orderly and will self police the park. General discussion. 4. Mayor and Council's Reports: End of Meeting. 5. City Clerk/Treasurer's Report: No report. 6. Zoning Administrator's Report: ACHD impact fees. Discussion of Comprehensive Plan updates (transportation). Pat Dobie, 777 Halstone Drive, Boise. Discusses the ACHD impact fee increases. Impact fees will be raised about 40%. I have worked with the City of Kurta on negotiating a fee structure with ACHD specific to their City. The big change is with commercial and large structures. General discussion. Mayor and Council would like Pat to put together a proposal. 7. City Engineer's Report: No report. 8. City Attorney's Report: No report. Mayor calls a recess at 7:25 p.m. Mayor reconvenes meeting at 7:35 p.m. COUNCIL: 7:30 p.m. 1. CALL TO ORDER: 2. ROLL CALL: Bastian, Merrill, Sedlacek, Guerber. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Mayor states, for the general publics information, that the applicant for Wintry River Subdivision has requested that the matter be continued and there is a possibility that the public hearing will not be heard tonight. Page 1 F:\SHAKED\COUNCIL~t~UTES\ 1995~cc022498 rain.dec 4. CONSENT AGENDA: · Consent Agenda items are considered to be routine and are acted on with one motion. There will be no separate discussion on these items unless the Mayor, a Council Member, member of City Staff, or a citizen requests an item to be removed from the Consent Agenda for discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda in a sequence determined by the Rules of Order. · Any item on the Consent Agenda which contains written Conditions of Approval from the City of Eagle City Staff, Planning & Zoning Commission, or Design Review Board shall be adopted as part of the City Council's Consent Agenda approval motion unless specifically stated otherwise. Guerber removes Item#4E from the consent agenda. Merrill adds Item#7A to the Consent Agenda as Item#4F. A. Minutes of February 5, 1998 B. Minutes of February 10, 1998 C. Claims Against the City D. Clarification of Claim Against the City E. Arbor Day Proclamation: June 12, 1998. Removed from the Consent Agenda. F. #7A. The City Clerk is requesting Council to authorize the Mayor to submit the application for the Certified Local Government Program, and sign the Certification Agreement. (SKS) Bastian moves to approve the Consent Agenda. Seconded by Sedlacek. Discussion. ALL AYE: MOTION CARRIES ......... 4E. Arbor Day Proclamation: General discussion on the date. Guerber feels that this should be on June 13t~, the date for Eagle Fun Days. Guerber moves that we celebrate Arbor Day in the City of Eagle on June 13, 1998. Seconded by Merrffi. ALL AYE: MOTION CARRIES ............... 5. U1NFINISItED BUSINESS: A. Resolution 97-18: City Council is to consider fees for water user charges for the Eagle City water system which may exceed 105% of prior fees. (SKS). Note: Public comment will be taken. Mayor introduces the issue. Sedlacek: We will be unable to use Bill Jarocki's software on utility rates because we do not have the historical data needed. Bill would be willing to give the Council a mini lesson on rate structure for approximately $200.00. General discussion. Merrill moves to have the Mayor instruct Lynne to contact Bill Jarocki and setup a time and date certain for special education of the Council and the public that would like to attend of the Eagle Water System. Seconded by Bastian. Discussion. Bastian would like to amend the motion to limit the cost of that presentation to $200.00. Merrill so amends the motion, seconded concurs. ALL AYE: MOTION CARRIES AS AMENDED ............. Kathy Shifiet, EM2. Displays overheads with her presentation. Discusses the history of the water system. Filing has been made for the water rights to become municipal water rights. Dan Brown, Engineer United Water and EM2. Displays an overhead of the service area. Discusses the fire protection capacity and the domestic usage area of the City system. General discussion. Kathy Shiflet: Continues with overhead displays and history and discussion on the fire protection and domestic usage area. Old Contract was on a per hour basis and because there was no other history the new contract is also based on a per hour basis. EM2 would-like to be included in the mini lesson that will be provided by Bill Jarocki. Discusses the operating responsibility by EM2 in the old and new contract. Discusses the 1992 Water Service Contract and compares with the 1997 Amendment to Water Service Contract. Discussion on 1998 project annual revenues, fixed and consumptive revenues. Discusses the 1998 projected annual operating costs, on an hourly basis. Discussion on comparisons with other cities. Discussion on connection fees. Mayor: We will take public input at this time. Terry Miller, 1420 N. Echo Creek Way. Thanks Mayor and Council for collecting all of the information. Unfortunate that we do not have any history that can be analyzed. You will need to take your best shot at establishing a rate. Mayor: You presented the Council with a letter at the beginning of the meeting. I have not had a chance to review that letter but we will be doing that. General discussion among the Council and questions for and answers from Dan Brown, Engineer for United Water and EM2. Bastian moves that we approve Resolution 97-18. Seconded by Merrill. 3 AYES: 1 NAY: MOTION CARRIES ......... Mayor states that he has talked to Kathy Shiflet on a report from EM2 on the operation of the water system and they have agreed that it would be at pre-council on the 2~d meeting of the month. Council discussion on the vote on the resolution and the water system. 6. PUBLIC HEARINGS: A. Wintry River Subdivision's submittal of hydrological and bioloeic studies. On September 13, 1994, the City Council approved this preliminary plat with a condition that required hydrological and biologic studies to be reviewed at a public hearing open for public comment. Thc proposed subdivision consists of 89 residential lots, with 15 acres (approx.) of common area. Portions of the proposed subdivision are located within thc Dry Creek Floodway. Thc 54.03-acre (approx.) site is located at the southwest comer of Floating Feather Road and Eagle Road. (MLB) This item was continued from the February 10, 1998 meeting. Mayor states that the applicant has requested that this item be continued. Butler: I received one letter to continue to March l0th and the applicant has now asked for a continuance to March 24th. We plan on having new notices and publications. Guerber moves to continue this matter to March 24, 1998. Seconded by Merrill. Discussion to amend with new notification. Guerber moves to amend with new notifications, seconded concurs. ALL AYE: MOTION AS AMENDED CARRIES .......... Mayor calls a recess at 9:05 p.m. Mayor reconvenes at 9:15 p.m. B. V-2-97 - East Hills Development, LLC: Roylance and Associates, representing East Hills Development, LLC., is requesting a variance to increase the length of two cul-de-sacs within Lexington Hills East Subdivision to approximately 860-feet (500-feet is currently the maximum allowed length). The 50.3-acre, 141-lot proposed residential subdivision is located on the northwest comer of Floating Feather Road and new State Highway 55. Mayor introduces the issue. No Member of Council has an ex parte contact to declare or a potential or actual conflict of interest. Dave Roylance, 391 W. State Street, one of the Developers as well as Lexington Hills. This project is an extension of Lexington Hills. Displays a preliminary plat that was approved. We filed an extension on this preliminary plat when became owners. Discussion on the variance requested. General discussion. Buffer: Displays an overhead of a vicinity map and discusses same and also the code sections that need to be met. We have the hardship situations. I think that in both cases we have what is in the best interest of the City and the Planning and Zoning agreed. Staff and Planning and Zoning has recommended approval. General discussion. Mayor opens the Public Hearing. Bill Guhrke, 2255 Fawn Hill, Discusses the water line that services Trail Creek. Mayor closes the public hearing. Butler has received a written recommendation for approval on the variances. Guerber moves that Council concur with the recommendations of approval of this project with the additional specific conditions of approval that were recommended by the Planning and Zoning Commission. Seconded by Merrill. Discussion. ALL AYE: MOTION CARRIES ............ C. Lexington Hills East Subdivision (Formerly Echo Creek Phase 5, 6, & 7}: East Hills Development, LLC, represented by Roylance and Associates, is requesting preliminary plat approval for Lexington Hills East Subdivision (formerly Echo Creek Phases 5,6, & 7), a 50.3- acre, 141-lot residential subdivision located on the northwest comer of Floating Feather Road and new State Highway 55. The applicant is also requesting a variance to increase the length of two cul-de-sacs within the proposed subdivision to approximately 860-feet (500-feet is currently the maximum allowed length). Mayor introduces the issue. Dave Roylance, 391 W. State Street, one of the Developers. Displays the preliminary plat and discusses the same. There will be a berm, landscaping and fence along new Highway 55. General discussion. Discussion on a donation of land for a pedestrian bridge crossing new Highway 55. Butler: Displays an overhead of the Preliminary Plat and discusses same. Staffrecommended approval with several conditions. Planning and Zoning recommended approval with conditions. Discusses the conditions. General discussion. Mayor opens the Public Hearing Bill Guhrke, 2255 Fawn Hill. Discusses the overpass over Highway 55. Dennis Whitmore, 5606 Plymouth Street, Boise, one of the partners in the development. Discusses the project. General discussion. Mayor closes the Public Hearing. General Council discussion. Merrill moves to approve PP-4-97, Lexington Hills East, preliminary plat, East Hills Development with added conditions that we add to provide pressurized irrigation to all homes and this will take precedence over Standard Condition Requirement No. 8 and remove Item//8 of the Site Specific Conditions of Approval that deals with dedicating and donating Lots No. 4 and 5. Seconded by Bastian. Discussion. Bastian moves to amend Site Specific Conditions where it says in No. 2 berming, fencing, I would like to add berming, sound barrier fencing, and then it would read on. On condition No. 3 where it says provide berming, fencing, I would insert berming, sound barrier fencing. So that whatever fencing the Developer comes up with it would have sound barrier quality. Seconded by Merrill to amend the motion. Legal Counsel for clarification, limit the sound barrier language to Paragraph 3 and to the fencing on Highway 55. Bastian so amends the motion to amend. Second concurs. ALL AYE: MOTION TO AMEND CARRIES ............ Discussion. Bastian moves to amend the Motion that noted on the Plat would be a requirement that a notice be placed on the plat referring to the City of Eagle's Hillside regulations where applicable, and the Zoning Administrator work with the Developer in placing this notice on the plat for Councils' final review. Seconded by Merrill. ALL AYE: MOTION TO AMEND CARRIES ............ ALL AYE: MOTION AS AMENDED CARRIES ......... D. Resolution # 98-4 - New fee for Parking in-lien Payments: The Zoning Administrator is requesting Council approval of a new fee to provide for parking in-lieu payments from applicants who propose off-site City parking in lieu of on-site private parking as permitted with Ordinance #309. Mayor introduces the issue. Mayor opens the Public Hearing. No one has signed up to speak. Mayor closes the Public Heating. Bastian moves to approve Resolution 998-4. Seconded by Merrill. ALL AYE: MOTION CARRIES ........... E. Ordinance 311 - City initiated zoning ordinance amendment (ZOA-9-97}: Ordinance of the City of Eagle, Ada County Idaho, amending Eagle City Code, Title 9 "Subdivisions", Chapter 4, "Required Improvements", Section 1, "Improvements Required", Paragraph 9, "Water Supply And Sewer Systems".(MLB) Mayor introduces the issue. Butler: Discusses the changes that have been made. Mayor opens the Public Hearing. Mayor closes the Public Hearing. Bastian moves to continue this item to the next regular session so we can review this matter. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ............. 7. NEW BUSINESS: A. The City Clerk is requesting Council to authorize the Mayor to submit the application for the Certified Local Government Program, and sign the Certification Agreement. (SKS) Moved to the Consent Agenda. Mayor and Council Reports: Merrill: Reports on the signage to go on the Downtown Park. Ground breading on March 2~d. Discussion on the Downtown Park and selling bricks. Discusses the ITD Illumination Agreement. Guerber would like the Mayor to write a letter addressing this intersection. Discussion on legislation bills. Sedlacek: Reports on the Eagle Fun Days meeting. Reports on the Economic Development Committee meeting. Guerber: Reports on APA meeting at City Hall on Monday. Butler: Discussion of work on Eagle Road that concerns the trees. Issued stop work orders. General discussion. Mayor: Discusses the Eagle Farmer's Market. Discusses the two meetings tomorrow night. Bashan: Sheriff's department is going to be reviewed by the University of Washington. Council Members are going to be interviewed about the community policing. Bashan is going to go for a ride with the officers. Discussion on Email over the Intemet. 8. ADJOURNMENT: Merrill moves to adjourn. Seconded by Guerber. ALL AYE: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 11:00 pm. Respectfully submitted: CITY CLERK/TREASURER APPROVED: RICI~YZAG~R][, MAYOR ~d ' CITY COUNCIL MEETING 2/24/98 SKATEBOARDERS ATTENDING MEETING Nathan Barnes 2360 N. Equestriam Pl.. Eagle, Id 939-2147 Shane Ralph 390 Ranch Drive Eagle, Id 939-9424 Jesse Beckwith 2260 Dicky Ct. Eagle, Id 939-8936 Matt Chambers 1471 Leslie Way Meridian, Id 887-1178 Parents: Sam & Addie Chambers 1471 Leslie Meridian, Id 887-1178 Tyson Titus 216 S. Taylor Ave Eagle, Id 939-8704 Brennan Conroy 1717 Interlachen Way Meridian, Id 888-5846 Mike McCurry 694 Palmetto Dr. Eagle, Id 939-6139 Tristan Faber 1358 Gosling Pl. Eagle, Id 939-6163 .r. SPORTS .. PJ•fOR.. lTS PARTICIPATION x P. . alx,„134.• f f . 1 .at4.?:.4i. 4 y;,+. y')? '1715asltptbal 2. flunnIng/)egging : 3. In -idle Skoting r '4..Valloybali(herd eurfaCe/grass) 5. Softball (slow pitch). , 6. Football (ouch) 7. Soccer L. Roller Skiing Baseball 10. Vollsybal (sand/beach.) 11. Football tackle) 12. Skateboarding 13. molter Hickey 14. Softball east- pitch) 15. Choerlealit'tg 18. lee Hockay atftMp;Wi, f�.h'III(: 4 9ni:A•r4014. rl,k; 45.6 1. Baskalball 31.5 2. In -lino Skating 2/.5 3. Soccer 213.4 4. Running/jogging 23.9 5. Volleyball (herd surfaceigrass) 19.4 6, Football (touch) 18 7. Roller Skating 15.3 8. Baseball 14.7 9. Softball (slow -pitch) 12.6 10. Football (tackle) 11.7 11. Skateboarding F.8 12- Volleyball (sand/beachl 4.1 13. Roller Hockey 3.1 14. Cheerleading 2.9 16. Softball (fast- pitch) 2 16. Ice Hockey U.i14% Seleeted' Activities W{V•�i� f),i4�icf>+ ..u4 1 '1<In,llne Skating 2. Basketball 3, Soccer 4. Holier Skating 5. Baseball 6. Football (touch) 7. Softball (stow -pitch) 8. Running/Jogging 9. Volleyball (hard surface/grass) 10. Skateboarding 11. Football (tackle) 12. RoHor Hockey 13. Cheerleading 14. Voleyball'(sand/beach) 15. Ice Hockey 16, Softball (fast- pitch) 22.2 17.2 13.4 11.385 11.379 11.2 9.497 9.491 9.3 8. 5.8 3.7 3.1 2.3 1.7 1.2 TrrinsWorld SKATEboarding Bossiness November 1997 9.7 9.5 7.4 5.6 5 4.99 4.5 '3.8 . 3.33 3.31 2.6 1,2 1 0.9 b:4 0,3» Svnrwtll'h Echo Creek Homeowners Association, Inc. PO Box 256 Eagle, ID 83616-0256 February 24, 1998 The Honorable Mayor Yzaguirre City of Eagle, Idaho 310 E. State Eagle, ID 83616 Re: Municipal Water System Mayor Yzaguirre: As a result of my recent discussions with you, the City Council, and members of the City of Eagle staff, I am making a formal written request for information regarding the City's management and practices regarding the Municipal Water System that services Trail Creek Ranch. Due to current activities with United Water/EM2, Lexington Hills, and Morning Meadows, I would like to receive a written response to my questions, with supporting data, no later than Friday, March 20, 1998. Please inform me, in writing, if this date is unacceptable. Question 1: Who is the City of Eagle Water Superintendent? Question 2: When was the City of Eagle Water Superintendent appointed and by whom? Question 3: What is the City of Eagle Water Superintendent term of office and reporting relationship? Question 4: Who in the City of Eagle grants water main extension permits? Question 5: Was the water main extension from the EM2 Floating Feather well established under a Cooperative Agreement as called in City of Eagle Code, 6.5.25.A, or was it granted by City Council approval as described in City of Eagle Code 6.5.6.A? Question 6: If the agreement with EM2 for the water main extension is a Cooperative Agreement, is the City or EM2 providing the cost reimbursement to the Lexington Hills developers out of the connection fees? Question 7: If the agreement with EM2 for the water main extension is a Cooperative Agreement, is the City of Eagle receiving the required Administrative Fee, 6.5.25.B.4? Question 8: What size main extension and materials requirements did the City Council place on the Developer of Morning Meadows before the water main extension was placed in the ground? Was this requirement provided to the Developer verbally, or in writing and by whom? Question 9: What date did the City Council approve the water main extension for Morning Meadows? 1 Mayor Yzaguirre Re: Municipal Water System February 24, 1998 Question 10: Was the contractor that installed the water main extension from Echo Creek Subdivision to Morning Meadows approved by Em2/United Water in advance of the installation? Who was the contractor that installed the extension? Question 11: Did the City of Eagle Engineer inspect the water main extension to Morning Meadows from Echo Creek Subdivision before the ditch was closed? What was the date of that inspection? Question 12: How much was the City of Eagle reimbursed by the Morning Meadows Developer for the cost of the water main extension inspection? Please provide the following City of Eagle documents: > City of Eagle, Construction and Design Standards for Domestic Water Systems. ➢ Copy of the Water Main Extension Permit granted to Mr. Bill Webster for the extension and connection from Echo Creek Subdivision #3. • The following tariff schedules: • Delinquent account late charge. • Restoration of Service charge. • Customer requested Meter Testing charge. • Water Meter Removal charge. • Water Main Shutoff charge. • Rule Violation Restoration charge as stated in 6.5.14. • Water Construction Equivalency fee schedule. Thank you in advance for your response. Sincerely, ,)).A. r) -t -,Le Terry Miller ECHOA, Director CC: Eagle City Council 2 0 ta. tiD r - to 0 N EAGLE.PLT 2/24/98 10:36:42 AM -%) oce A it 10 .A1\ E 0 0 cl _c oU. 00_ Post -it * Fax Note 11. tcN 2 Q _ Li_ Date Ix of pace. Post -1f Fax Note R7673 / To ve LSU Fax From ./<//7 Ph"ei C2 ---k Scale: 1:10.11 H: 48.050 L: 96.( ca -l/ tx/ am CITY or EAGLE DOWNTOWN rAIKK $.11 KO t 1#1-taf, ;LAW 44.19:44eq11110111) 001•1k6111ikietka1ZAliviil•Lc--17:43 ilkto W EMS 7 Pti City of Eagle & Community Donatioi). mew g..;!al.itith°F,:llitow.k-Paift Contact City Hall 939-0000 02/18/1998 09:06 2089398987 el MEMORANDUM February 17, 1998 To: Mayor, council, and interested staff Fro= Lynne Sedlaoek Re: Water rate model, BILjanadd EAGLE SEWER DISTRICT, PAGE 01 0-4 RECEIVED & FILED CITY OF EAGLE FEB 1 8 1998 File: Route to: f'Y\ LJ I spoke with Bill jarocki on Tuesday in regard to. his Ratemod Pro utility rate software program.. We are .unable to get enough of the needed historical data to produce the rate model. Therefore, I would request that this item be removed .f om the February 24 agenda. Bill reported that he met with EM2 representatives on Friday. Bill that apparently in our previous management agreement with EM2'. several line - item cost elements were not included, the cost was ..all calculated on an hourly basis. Bill stated that the city contract with EM2 .needs to clearly .derme exactly what services and costs are provided by EMZ, and the city needs to budget rates (over and above the EM2 rates) for everything else. Bill was sorry. that .he could not .do more for .us. He did offer to put .together a "mini -lesson" in rate setting and fund management. He stated it would take him about a day to pull the information together. He anticipated approximately one hour for the presentation, and another 30 .to 60 minutes for questions. He said he could do it for $200. EAGLE CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Subject: V-2-97 East Hills Lexington Development February 24, 1998 7:30 P.M. PLEASE PRINT LEGIBLY NAME ADDRESS TELEPHONE PRO? CON? Page 1 of Document3 . EAGLE CITY COUNCIL PUBLIC HEARING SIGN-IN SHEET Subject: Wintry River hydrological & biological study February 24, 1998 7:30 P.M. PLEASE PRINT LEGIBLY NAME ADDRESS TELEPHONE PRO? CON? Page 1 of Document3 cc RECEIVED & FILED CITY OF EAGLE THE CITY OF EAGLE E FEB 2 3 AS CITY COUNCIL MEETING February 24, 1998 File: Route to: HISTORY OF EAGLE CITY WATER SYS' 'EM Lexington Hills and Echo Creek Developers, through contracts with the City of Eagle, conveyed their newly developed water system to the City of Eagle. This water system consisted of two wells and a water distribution system with water rights designated to serve the build -out of these two developments. This water right was approved with four points of diversion, two in the Lexington Hills development and two on the Hormaechea property to the West of Lexington Hills property. Even though the points of diversion are on the Hormaechea property, the water right has been limited to the Lexington Hills and Echo Creek Developments. In May of 1992, the City of Eagle contracted with EM2 for the operations and maintenance of the City's water system. EM2 was owned and operated by South County Water Company and the water rates for the City water system were set at the rates then approved for the South County Water Company. After determining that EM2 was expanding beyond South County's ability to provide adequate service, EM2 was sold to General Waterworks, now United Water. Over the last four years, the City of Eagle has struggled with water issues. Some of the issues addressed by the City include: • Should the City of Eagle expand the water system and become the operating entity. • With one well producing sand and lesser quality water, could this water system supply the domestic demands as well as the fire flow requirements for the build -out of the developments. • Would the existing water system provide the fire flows required for the new elementary school to be built within the approved water system boundaries? • How should the City address the lack of redundant or backup supply for fire protection. • Could the water system support future proposed developments. • Does the City of Eagle have a viable water system. CITY COUNCIL TAKES ACTION TO PROVIDE QUALITY WATER SYSTEM The City of Eagle, as owner of the municipal, domestic water system, has the obligation of safeguarding the public's health and providing their customers the security of having a professionally operated and maintained water system that meets the increasingly stringent water quality regulations and standards. After evaluating their options, the City Council proceeded to implement a plan to insure their customers and the citizens of Eagle a water system that in every way complies with or exceeds the mandated drinking water standards, improves the viability of the water system, eliminates duplication of large capital expenditures, and sets the stage for well- managed growth for Eagle. Eagle's City Council has worked diligently to honor the public trust as they worked through the complicated issues relating to the Eagle City Water System. • The City Council requested presentations to be made by Eagle Water Company and EM2 that would discuss their qualifications and what they could offer the City. On July 8, 1997, both companies made presentations during the City Council meeting. (See attached presentation notes presented to City Council at meeting.) • That meeting lead to the up grade of the Water Service Contract with the First Amendment to Water Service Contract. In this agreement, the City Council has asked EM2 to provide its expertise and knowledge to operate and maintain Eagle's municipal system through a 15 -year partnership agreement. The operations and maintenance of this water system is vastly more complicated today than it was back in 1992 when Eagle entered into their first 0 & M agreement with EM2. • As stated in the contracts between the City of Eagle and Lexington 1111s/TVV, the developers retained the responsibility to provide for adequate source of supply for the build out of these two developments. To meet that responsibility, Lexington Hills, Inc., Treasure Valley Village and EM2 entered into a Water Line Agreement that enabled EM2 to construct a water line on behalf of Lexington and TVV from the Projects to the Floating Feather Well. Lexington Hills, Inc. and TVV guarantee the costs for the inter -tie. No taxpayer or City money is involved. • With the Water Line in place, the City was then able to inter into an Agreement with United Water Idaho to Provide Supplemental Water for Fire Flows. This agreement provides supplemental fire flow for the City Water System allowing the existing two wells located in the Lexington Hills Subdivision to supply the domestic water for the build out of the developments. With this agreement the fire department requirement of minimum fire flows can be met. • A "to and through" partnership agreement between the City of Eagle and United Water Idaho allows for United Water to install a water main to link the United Water's storage reservoir at Hidden Hollow to its existing wells west of Eagle. The Agreement provides the Eagle City Water System customers, including the new school, the long -needed benefit of a gravity -fed backup and storage for fire flows. It allows the existing City of Eagle Wells to serve present and future domestic demand, not fire protection, and provides redundant supplies that will eliminate the need for backup power sources. The City received this service with no up front cost and only has to allow United Water the right to transmit water through the City's water main. As directed in City of Eagle Code 6-5-9, the water user charges have been proposed to reflect EM2's best estimate of actual costs to operate, maintain, repair and finance the city water system and its facilities. As there is no history to reflect full operations of the system, charges shall be reviewed as directed in code. 2 ,. , The operations and maintenance of the city water system will be provided as directed by City Code 6-5-10,11, and 12. This will include Notices to Customers, Meter Readings, Rendering of Bills, Delinquent Accounts and Meter Accuracy. The 1992 Water Service Contract was intended to address the field operations and everyday maintenance of a small water system. At the signing of this contract, the water system, consisting of newly developed wells and limited water mains and services, was just being conveyed to the City. As the water system grew and became more complex, it became apparent that the City required more services than the contract provided for. Some of the City's challenges included: one well developed problems and adequate fire flows were questioned, further development through long dead end water mains in the upper portion of the Echo Creek Subdivision created pressure problems, and the Safe Drinking Water Act required additional water sampling and reporting requirements. EM2 responded to the City's requests for additional services, however, because of the evolving problems with the water system and the uncertainty concerning the future of the system, EM2 was uncertain how to structure an amended contract. It wasn't until the decisions were finalized regarding the fire protection issues, backup source of supply and the ability to serve future proposed development that enough information was available to structure an amended contract. The City of Eagle water system has progressed beyond a simple per hour plus equipment contract. EM2 can no longer provide the services requested by the City without a contract designed as a full service agreement. EM2's experience in operating water systems provides a through knowledge of the hours that will be required to operate and maintain the City's water system as it is now designed; therefore, the hourly basis was used to develop the proposed rate structure submitted to the City. What EM2 did not have and can not give the City is a line by line planned rate structure because there is no history that would back up that type of planning. The Amended Contract allows for review of records that will provide the opportunity for oversight and analysis by the City. Operating Responsibility by EM2 Old Contract New Contract Leak Repair Yes Yes Pump Repairs No Yes Power Bills No Yes Meter Reading Yes Yes Turn On/Off Orders Yes Yes Billing Yes Yes Preventive Maintenance Inspection Yes Line Location Yes Yes Cross Connection Review No Yes System Flushing No Yes Sampling Routine Yes Customer Service Limited Yes Accounting No Yes Administration No Yes Operations Engineering No Yes Capital Investment No No Risk No Ye The following comparison explains the 1992 Water Service Contract and the First Amendment to Water Service Contract signed and dated the 2nd of December 1997. 1992 Water Service Contract The Water Services Contract provided for the basic operations and maintenance services as directed by the City. These services included checking the pumps, reading the pump meters and preparing reports for the regulatory agencies, taking mandatory samples, reading the customer meters and preparing and mailing the billings, accounting for the payments and depositing them into the City's bank account, line locations to prevent construction dig -ins, accounting for the services provided to the City and billing the City as outlined in the contract. Additional services were provided at the City's request but the contract did not provide for the full range of services required to adequately operate the growing water system to protect the health and welfare of the customers and provide for the expanding requirements of the system. Since the Water Service Contract was singed in May of 1992, there has not been a rate increase or contract enhancements to account for increased labor, material, equipment, etc. costs and additional operations and regulatory requirements. 1997 Average number of customers 408 1997 Average water bill —12 CCF $9.38 ($6.86 + 6ccf @ $.42)* Total Revenues $41,624* $102.02/customer Billed Operating Expenses 39.276 96.26/customer Difference $ 2,348 $ 5.76/customer *1992 Tariff $6.86 first 6 CCF + $0.42/CCF for each additional CCF 1997 Amendment to Water Service Contract The First Amendment to Water Service Contract is a full services agreement authorizing EM2 to provide the services required to comply with increasingly stringent water quality regulations, heightened technical requirements and a growing water system that must safeguard the public's health and welfare. 1998 Projected number of customers 460 1997 Projected average water bill —12 CCF $15.50 ($6.86 + 12ccf @ $.72/ccf)* * Projected Revenues $75,969** $165.16/customer Projected Expenses 72A55 157.51./customer Difference $ 3,514 $ 7.64/customer **1997 Tarif $6.86 customer charge + $0.72/CCF for all consumption 4 7 CCF 10 CCF 14 CCF 21 CCF Typical Bill Comparison Old Rate New Rate Increase $ 7.28 $ 11.94 $ 4.66 $ 8.54 $ 14.06 $ 5.52 $ 10.22 $ 16.94 $ 6.72 $ 13.16 $ 21.98 $ 8.82 1998 PROJECTED ANNUAL REVENUE = $75,969 Fixed Revenue $37.867 ($6.86 Customer Charge X 12 Months X 460 Customers) Consumptive Revenue $38,102 (Previous year consumption (52,794 ccf X $.7217) $75,969 Fixed revenue covers the expenses associated with operating and maintaining the water system at a base level. As customers consume water, there are additional costs associated with providing service to the customers. Revenue to cover these costs is referred to as consumptive revenue. 1998 PROJECTED ANNUAL OPERATING COSTS = $72,455 EM2 planned the operating costs on an hourly basis. Because there is only limited history for the City of Eagle water system, the documentation for line by line planning is not available. 1998 Projected hours 1998 Labor rate 1,325 $23.55 1,325 hours / 2,080 hours (work hours per year) = 64% of one person's time. If hours exceed the 1,325 estimated, City will have no additional financial obligation. For the cost of 64% of one person's time the City of Eagle will have the benefit of: Customer Service Representatives Meter Readers and Field Service Personnel Accountants Availability of Engineers with vast water experience Availability of Hydro -geologist Certified pump operators Micro -biologists Computer and advanced system specialists Computer mapping digitizers Certified Transmission and Distribution field personnel Administrative/Community relations representatives. 5 This hourly rate includes all of the above personnel, plus the associated overheads; preparing and mailing billings, billing equipment and programs; power bills; electronic devise that provides continual monitoring of pump and well; transportation costs and all of the services listed below. 1997 1992 Difference Proiected Revenues Proiected Exnenses $75,969 $72,455 Billed Revenues Billed Exnenses $41,624 $39,276 $34,345 $33.179 The increase in expenses represents the following: $ 4,910 Inflation for 5 years 6,325 Power bills now being paid by EM2 instead of City 13,660 400 hours of additional labor related costs 960 Maintenance on pump and well monitoring equipment 7324 Additional maintenance, transportation and operations costs $33,179 Annual expense per customer for the Eagle City water system - $157.51 Annual expense per customer for the United Water Idaho system - $170.59 The expenses outlined are fairly standard 0 & M costs throughout the industry for well -operated and maintained water systems. The expenses will vary depending on the level of service expected/demanded by the customers, chemical expenses, the heightened technical requirements of a growing water system and the commitment of the system owner to provide customer service that will safeguard the public's health and welfare. The revenue requirement or rates charged in the Eagle City water system reflect the projected costs to operate and maintain the water system. These costs are less than many small water systems throughout this area who bill a flat rate of $20 to $25 per month depending on the age and condition of the water system. Small water systems that are not well maintained become a homeowner's nightmare. Eagle City rates are also less than United Water Idaho rates for they do not reflect the related expenses for capital expenditures, ie., return on equity, interest, depreciation. Water rates throughout Idaho vary widely depending on their capital structure, ground water or surface water system, developer rules for expansion of system, the accounting for revenue and expenses as a stand alone system or as an integrated public works department, etc. Every water system is unique; therefore, every rate structure must reflect the system's unique features. CUSTOMER SERVICE DEPARTMENT Meter reading Meter box maintenance Meter sets Turning meters on and off as required by customers Prepare and mail water billings to customers Customer service calls, order processing and leak checks Payment processing and posting Bank deposits, NSF check processing Collection and processing of delinquent payments ACCOUNTING DEPARTMENT Accounts payable and receivable Payroll processing and related reports M & J billings ENGINEERING DEPARTMENT Availability for design and certification of water system Availability for capital planning and forecasting for system additions and/or replacements Availability to provide assistance regarding regulatory approvals for well -sites, well construction and water rights Availability to inspect well construction in progress and related pump testing PRODUCTION DEPARTMENT Checking pumps and wells three times per week (every other day) Read meter at each well to determine water pumped, check operations of pumps, maintenance of pump houses, takes and process water samples Work with DEQ to insure all water quality standards have been met Repair pumps and maintain wells Preventative maintenance of pumps and wells Respond to customer calls -- water quality and pressure Provide 24 hour a day monitoring and emergency call out AUTOMATED SYSTEMS DEPARTMENT Maintain RTU and related SCADA and communications equipment Update and maintain water system maps . Maintain databases as needed TRANSMISSION AND DISTRIBUTION DEPARTMENT Operations and maintenance of water mains and services Repair leaks and main breaks Disinfecting of system repairs to insure water quality Response to line locations calls to prevent dig -ins during construction Administer Eagle City's Cross Connection/Backflow ordinance Pressure tests and related activities Fire hydrant operations and flow tests System flushing ADMINISTRATION Direct responsibility for the City of Eagle water contracts Interface with City Mayor and City Council Community relations CITY OPERATED WATER SYSTEM (Estimated costs for comparison purposes only) One employee, wages & overheads ($17 + 35%) $47,736 (24 hour on call) One truck and related expenses 7,000 Preparation and mailing of billings (.56/bill) 3,100 Power bills 6,325 Training and certification of employee 600 Water main/service locator and tools 1,000 Sampling supplies and sample processing 3,000 Office personnel, payment processing, customer service, order processing, bank deposits, office supplies, etc. 10.000 Total $78,761 This would not include such services as engineering, 24 hour electronic monitoring of wells and pumps, well construction and water rights expertise, digital mapping service, repair and maintenance costs (City would not have Backhoe, Dump Truck, Compressor), and experienced oversight of water system. 2 CONNECTION FEES $850.00 EACH RESIDENTIAL CONNECTION $120 RESIDENTIAL METER 200 CITY OF EAGLE WATER FUND 530 LEXINGTON HILLS - WATER MAIN INSTALLATION $850 WATER MAIN EXTENSION AGREEMENT DEVELOPER'S RESPONSIBILITY • 6 YEAR PAYBACK AGREEMENT • 775 LOTS @ $530 FROM CONNECTION FEE • GUARANTEED BY DEVELOPERS CITY OF EAGLE - NO FINANCIAL PAYBACK OBLIGATION CITY OF EAGLE WATER FUND • 775 LOTS @ $200 FROM CONNECTION FEE = $155,000 • CURRENT FUND +1- $40,000 EM2 STRENGTHS EAGLE CITY WATER SYSTEM Highly trained certified personnel with the expertise to assure efficient operations and maintenance of City Water System. Sufficient financial strength to fund necessary capital projects. Updated knowledge of regulatory requirements, i.e., Safe Drinking Water Act, DEQ regulations, Water Rights issues, Source of Supply protection, Cross Connection Control Certification. Reliable water supply to provide 1500 gallons per minute fire capacity, allowing for the existing Floating Feather Well to meet current and future water demands. Engineering of proposed water main and hydraulic analysis of existing water system to guarantee required fire capacity. Sufficient pressure to supply fire capacities for both existing (unlooped) and planned (looped) water distribution systems. SCADA control (communication link) through existing telemetry at Floating Feather Well site and Lexington ICUs Well. 1. Immediate response to fire demands 2. Control of water supply from the operations center Standby power at Floating Feather well site to assure uninterrupted water flow during power outages. ks.7-8-97 City of Eagle Proposal EM2 Proposal Annual Operating Cost: Customers 5 YEAR 1998 1999 2000 2001 2002 SUMMARY $ 72,563 $ 86,011 $ 100,216 $ 115,200 $ 131,002 $ 504,992 460 535 610 685 760 Services Provided: Administrative,management, engineering service Operation and maintenance Wells/Pumps/Motors SCADA monitoring i Meter reading services/Customer service Maintenence of Mains/Services/Boxes, etc. FlushingNalve exercise Customer Service-quality/pressure,etc Locations i Water Quality Compliance Cost Breakdown: Hours 1 1,325 1,520 1,720 1,910 2,100 Labor Rate $ 23.55 $ 24.40 $ 25.10 $ 26.00 $ 26.85 Payroll /Transportation/Material and Supply 72% 72% 72% 72% 72% Administrative OH 1 35% 35% 35% 35% 35% Total Cost $ 72,455 $ 86,118 $ 100,245 $ 115,311 $ 130,863 $ 504,992 Water Rates Design: Customers 460 535 610 685 760 Customer Charge(Annual) $ 82.32 $ 82.32 $ 82.32 $ 82.32 $ 82.32 Fixed Revenue $ 37,867 $ 44,041 $ 50,215 $ 56,389 $ 62,563 $ 251,076 Usage in CCF 52,794 61,580 70,366 79,152 87,938, Price per CCF $ 0.7217 $ 0.7217 $ 0.7217 $ 0.7217 $ 0.7217 Consumptive Revenue $ 38,101 $ 44,442 $ 50,783 $ 57,124 $ 63,465 $ 253,916 Total Revenue $ 75,969 $ 88,483 $ 100,998 $ 113,513 $ 126,028 $ 504,992 EXHIBIT B CITY OF EAGLE GENERAL METERED SERVICE Availability: To all metered customers. Customer Charges: Monthly Meter Size Per Meter Charge 5/8" $6.86 3/4" 6.86 1" 8.54 1-1/4" and 1-1/2" 12.74 2" or multiple meters of equivalent capacity 17.78 3" or multiple meters of equivalent capacity 31.22 4" or multiple meters of equivalent capacity 46.34 Volume Chane: Metered water used per 100 cubic feet (CCF): Conditions of Contract: $ 0.72 The customer shall be billed monthly the customer charge plus the volume charge. 'The volume charge is based on all metered water for the billing period. The customer charge will be prorated whenever the customer has not been a customer for the entire billing period. A Connection Fee shall be no less than $850.00 per residential lot or equivalent residential connection. Issued: Commencement Date Under authority of City of Eagle WATER SERVICE AGREEMENT - 10 EM2\ainend.cln Effective: Commencement Date lz IDAHO PUBLIC UTILITES COMMISSION APPROVED EFFECTIVE Ei' JUN 11'86 JUN 1-'86 • I.P.U.C. NO. ltd Revised Sheet No. 2 LEXIAJTOM HILLS EC1-FO CRFEk Availability: To all metered custon ers. ?ates:' X4 f d ra- SECRETARY SCHEDULE NO. 2 METERED SERVICE 4i -ten -et /)20-vt14.-d— Monthly Etriyittel First 600 cu. ft. or less $6.86 All Over OQ cu. ft. per 100 cu. ft. .42 Minimum Charges: Monthly Per Meter Cu. Ft. Meter Size., Allowed Charm 3/4" and smaller 600 $ 6.86 1" 1,000 8.54 1 1/4" and 1 1/2" 2,000 12.74 2" 3,200 17.78 3" or multiple meter of equivalent capacity 6,400 31.22 4" or multiple meter of equivalent capacity 10,000 46:34 conditions of Contract: The customer shall pay the minimum charge only when the amount resultiing from applying the rates to the quantity of water used is less than the minimum charge. Issued: Per Order No. 20532 SOUTH COUNTY 13y Keith Stokes TER COMP NY Effective: June 1, 1986 Title: President 13 UNITED WATER FLOATING FEATHER WELL EAGLE ROAD CITY OF EAGLE LEXINGTON WELL #2 LEXINGTON HILLS CITY OF EAGLE LEXINGTON WELL #1 FLOATING FEATHER ROAD CITY OF EAGLE 12" WATER MAIN DESCRIPTION OF A CHECK/ LEGEND PRESSURE REDUCING VALVE CITY OF EAGLE A CHECK OR PRESSURE REDUCING VALVE WILL 12" WATER MAIN ALLOW WATER TO FLOW FROM UNITED WATER'S SYSTEM INTO LEXINGTON HILLS AND TRAIL CREEK SUBDIVISIONS ONLY WATER FROM THE CITY OF EAGLE'S SYSTEM (LEXINGTON HILLS) I5 NOT ABLE TO FLOW INTO UNITED WATERS SYSTEM THROUGH THESE VALVES, WHICH ARE THE ONLY TWO CONNECTIONS BETWEEN THE TWO WATER SYSTEMS • CHECK / PRESSURE REDUCING VALVE UNITED WATER 16 WATER MAIN EDGEW00D x TAIL DR v 16" WATER MAIN W UnitedWater nit CHECK / PRESSURE REDUCING VALVES UNITED WATER IDAHO 8248 W. VICTORY ROAD 8015E, IDAHO 83709 LEXINGTON HILLS CHECK / PRESSURE REDUCING VALVE LOCATIONS DESIGNED BY- TLF DRAWN BY: DLS CHECKED BY. SCALE- 1"=1000' DATE FEB 1998 REVISED - SHEET 1 CEA NO. C97D102 UNITED WATER FLOATING 1pFEATHER WELL EAGLE ROAD CITY OF EAGLE LEXINGTON WELL #2 LEXINGTON HILLS CITY OF EAGLE LEXINGTON WELL #1 FLOATING FEATHER ROAD CITY OF EAGLE 12" WATER MAIN DESCRIPTION OF A CHECK/ LEGEND PRESSURE REDUCING VALVE CITY OF EAGLE A CHECK OR PRESSURE REDUCING VALVE WILL 12" WATER MAIN ALLOW WATER TO FLOW FROM UNITED WATER "5 SYSTEM INTO LEXINGTON HILLS AND TRAIL CREEK SUBDIVISIONS ONLY. WATER FROM THE CITY OF EAGLE'S SYSTEM (LEXINGTON HILLS) IS NOT ABLE TO FLOW INTO UNITED WATERS SYSTEM THROUGH THESE VALVES, WHICH ARE THE ONLY TWO CONNECTIONS BETWEEN THE TWO WATER SYSTEMS • CHECK / PRESSURE REDUCING VALVE UNITED WATER 16" WATER MAIN! EDGEWOOD x TAR DR W J UNITED Wc6ER 16" WATER MAIN CHECK / PRESSURE REDUCING VALVES UnitedWater LE) UNITED WATER IDAHO 8248 W VICTORY ROAD 8015E. IDAHO 83709 LEXINGTON HILLS CHECK / PRESSURE REDUCING VALVE LOCATIONS DESIGNED BY: TLF DATE. FEB. 1998 DRAWN BY. DLS REVISED. CHECKED BY: SHEET 1 SCALE 1"=1000' CEA NO C97D102