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HomeMy WebLinkAbout000794 CITY COUNCIL MINUTES DEALING WITH IRRIGATION ISSUES 04/05/1978 V-lOlL BEER LICENSE TRANSFER 000794 V-l Oil has a beer license transfer to Blackburn moved the transfer be made. the name of the neW manager. Councilwoman, Darlene Councilman, Warren porter seconded. All Aye . RE: ADJOURNMENT d th ti b adJourned Councilman, Warren Porter Councilman, Morgan Garner move e mee ng e' . seconded. All Aye '''0' ~i"~- t (?ri;;; Porter . ~ .~ State of Idaho) County of Madison(SS City of Rexburg) .,\\ 0<"\\\\%"" ect\1\'Ifi MINUTES OF THE CITY COUNCIL MEETING \1 . c"""c\\~ i 30 M C\\~ 0(0\'1 Apr 1 5, 1978, 7: P. . ~\1\u"'~\>.ueS "ut% rN>> ~.'1\u,' ("'~ \{t\tr . C\\'j 0 (JVV~ \ . .;000 ('t. 'i\\ l)CIlu\'l ~ y..ec,.,1\.\)' y..ec~ 'B\- ..o\\\C,\O \\~ A meeting of the City Council for the City of Rexburg, Madison County, was on April 5 1978 at the time of 7:30 P. M. at the City Hall. Present were the following: Mayor: John C Porter I I I I 1 I I Councilman: Jim Morris Nile Boyle Morgan Garner Barton Jensen Absent: Mary Smith, City Attorney Darlene Blackburn, Councilman Warren Porter, Councilman ...J Also Present: Afton Anderson, City Clerk Leland Thompson, Public Works Director I I . RE: I \ I MINUTES OF MEETING APPROVED Minutes of the previous meeting were read and discussed. Councilman Jim Morris moved the minutes be approved as corrected. Councilman Morgan Garner seconded. All Aye 'IRE: REQUEST FOR 4-WAY STOP Mayor Porter reported that a petition had been turned in to h~m requesting a 4-way stop be put at the corner of 2nd North and 1st East. Mayor Porter advised that part of this problem would be alleviated when the new bridge and truck route was finished; however, he would turn this OVer to the traffic safety committee for their recommend- ation. Councilman, Morgan Garner suggested postponing the decision until next meeting when they will know the recommendations of the planning board, meanwhile the police can be instructed to check for speeders on that street. .. . ," . ~', ,. -. . ';RE: REXBURG IRRIGATION ASKS FOR CITY WATER SHARES , I .! Lorin Kauer and Keith Erickson, representing Rexburg Irrigation asked the council to give them a legal agreement for the city water shares as soon as the present leases are up. Mayor Porter stated that the leases could go for another four years. He did assure Rexburg Irrigation that the city would. not renew the present leases. Councilman, Barton Jensen moved that Mary Smith find details on water; exactly how many shares the city owns and how many are leased out. Councilman, Morgan Garner seconded. All Kye. All felt sure that all shares have not been leased, and the remainder has been uded by Rexburg Irrigation. I --' .; ., j " 1 I I i I I ! --I ~X:Vldult.,.:1J Lb<.J.L 1u.1.' .J.Ulllt;.l;;Ll.c...: l:JULl:Juse~, Liley WOUJ.U u:,je UH,.: c...:.lLy wd.L~r tiul-'i:>ly. by Barton Jensen, seconded by Nile Boyle and unanimously carried that Mr. Itcher and Mr. Manwaring be permitted to drill said well for the purpose of heating cooling their building and dump the overflow into the city storm sewer. That all this~ould be done at no expense to the city. FORSGREN & PERKINS GAVE COMPARISON OF WATER CONNECTION & FEES 000794 Forsgren & Perkins, City Engineers, gave a comparison of water connection He stated that cities charged differently if the street had to be 'oken into, that the patching of the Rexburg streets had not been done properly by se breaking into the streets. He asked that the city consider in the future that the pavement is broken, those breaking the pavement be charged an amount suffic- to fix the ttreet and the city fix it. The matter was discussed. TIC TURN OFFS ON THE CITY PUMPS :i 1 :;lroblem' Ir cont should . Mayor reported that the power company was going to put automatic turn offs on the ty pumps and that one pump a week would be turned off. The pumps would be alternated. . Kemp suggested that the city insist that an override be provided in the event it 'I nece~sary to use all the pumps in case of fire or other disaster. The matter was Bcussed. The Mayor explained that during the winter one pump is shut off in order conserve the.power and that the one located at Smith Park has not been turned on since lb. flood. TO REHABILITATE THE TABERNACEELLA~&ANBuGROUNDS I I -\ L_ :' " I '11 " II ',il 'r l I I I :1 "1 " " . Mayor stated that he had met with the Civic Club for their "Keep America Beautiful" ~ram. That the club was going to take on the project of rehabilitating the taber- 'cle lawn and grounds. He thought it would be a good idea for the City to go along th the plan. That the month of April was to be designated as "Keep Idaho Beautiful d Green Month," and he would like Rexburg to become involved in this program. The yor said he had received a letter from the Clean City Committee of Pocatello, an flliate of "Keep American Beautiful, Inc." The Mayor said he would designate the t week in Mayas clean-up week. BID FOR SAME I e matter of the increased cost of gas and putting the same up for bid for use in e City equipment was discussed. SUGAR CITY REQUEST FOR STREET SWEEPER FROM REXBURG TO BE USED . Mayor said that he had been contacted by Sugar City requesting that the Rexburg flty Street sweeper be used once a month on the Sugar City streets. The matter was discussed ~e Counsel was of the opinion that this could be done provided that Rexburg furnish e driver for the sweeper: The Mayor stated that the Federal Government provided a chart r the chargesto be made for use of equipment. He stated he would try to work out ething with Sugar city. ~, .." IRRIGATION CO. A'1"~ MEETING. Jtes. 1 palmer, Lorin Kauer and Ted Eriksen of the Rexburg Irrigation Company attended the eting. Mr. Kauer stated that according to the city minutes of June 15, 1966, the city s agreed to let the Rexburg Irrigation Company use the water that the city was not ring because of the closure of many of the city ditches. Mr. Kauer stated that the city ,~ apparently forgotten it had made such an agreement with the Rexburg Irrigation ~pany and had leased the water to other parties. He further stated that according to ~e minutes of December 3, 1975, at the expiration of these leases, the City would offer ~ll o~ts excess water to the Rexburg Irrigation Company. The matter was discussed. ~t was moved by Barton Jensen, seconded by Morgan Garner and unanimously carried that the Flty check into the matter of leasing the water and consider it at the first meeting of the council in May. I KEMP - INTER-CITY AGREEMENT FOR SEWAGE TREATMENT SERVICES ,!d, I rl Kemp presented a proposed Inter-city Agreement For Sewage Treatment Services between e City of Rexburg and the City of Sugar City and also an agreement with the Rexburg , rrigation Company and the City of Rexburg whereby the City would be able to discharge 'eated waste water from its sewer treatment facilities into a canal operated by the Rex- ~rg Irrigation Company. The agreements were read and discussed. Barton Jensen presented ~e following resolution and moved for its adoption: I" RESOLUTION RAS, Sugar City has an inadequate sewage treatment facility and the governing body cr ,gar City desires to provide a sewage treatment facility for Sugar City, and REAS, Rexburg will have a sewage lagoon and treatment facility which will be of fficient size to treat the sewage of the inhabitants of Sugar City as well as the inhabi- ts of the City of Rexburg, and ". ::-:,.I,::,':')~': ';,". ;'.~~):'~,~ :';' J..; ;..: , !~~v'.;~:::~'!'~IM;~~,..~I!,:,/y,.-';, f.~~,:~;.)j1.o~<6,r" ',;:,<.::-- ;/ <,:":~\./ '.~' ;",'(._';';'i' .J".' ;',: .t;i~l':,~ "': ,/ 000794 RE: BILLS A motion was made by Morgan Garner to pay the bills and sedonded by Nile Boyle. All Aye. RE: ADJOURN A motion was made by Norris Reese to All Aye. [ agley SPECIAL MEETING With Irrigation Company May 13, 1981 Those Present: Mayor: Councilman: John C. Porter Morgan Garner Sander Larson Jim Morris Also Present: Rose Bagley, City Clerk Earl Hoopes and Roger Hoopes of the Teton Pipeline Association were present. Keith Erickson, Bob Powell, and Melvin Cook representing the Rexburg Irrigation also came later. I L, I ;1 . I': i 'I Mayor Porter said that we need to review and find out the number of acres that is irrigated by the Rexburg Irrigation Company. The city would then lease to them the amount of water needed with stipulations. The balance of the water would be open for bid annually. Anyone wanting to lease the excess would negotiate with the city and an agreement would be made with the city annually. That way the state would know that we need the water. These agreements would be made up each April. Earl Hoopes ask if the agreements could be made up each January instead of April. Mayor Porter said that he had discussed with the farmers on the east side of the City about the irrigation water they now use. Dell Palmer was the biggest user and has about 60 acres that he does not farm anymore. Most of the farmers in the area are sprinkling and do not use as much water, so the excess goes down the ditch. The city paid $15,800 to put in a storm ditch on the Barney Dairy Road. The county was supposed to pay half of that, but they ran out of money and won't pay any. The city needs to get enough from their irrigation water to reimburse them for that expense. , I , " I I ,I I I , I I I I I I - I I I I ,I ., I I ,\ The farmers east of Rexburg say that the ditch always has water ill it. It has never been dry, so the excess water goes down the ditch. Earl Hoopes ask if there could be a fixed amount to be charged when the water is negotiated. Mayor Porter pointed out that a lot of people in Canyon Creek area are Rexburg people and have had property on the city ditch before. It isn't like we want to lease the water to strangers. We do have an obligation to the farmers in the Burton area. As soon as we find out how much water that is needed for the farms that are watered by Rexburg Irrigation we will guarantee them that much water and the rest will be up for negotiation. The mayor said that he would imagine that there would be about 2/3 of the water up for bid. Sander Larson said that he was concerned that those bidding for tile water might get into a bidding war; they should negotiate for the water wanted. Mr. Hoopes said that people might bid higher because it would be a case of survival. JI? 000794 Mr. Larson said that in years to come that he hoped that the city did not just look at the dollar but also the need. Mayor Porter said that the Fremont Madison Irrigation Company negotiate contracts on their surplus water every year and we would do ours the same and have specific guide lines. Earl Hoopes suggested that an extended bidding would be more responsible in their bidding. The mayor told him that a long range lease could cause problems to the city. Mayor Porter said that anyone that gets the water will have to change the point of diversion. He said in talking to the Rexburg Irrigation, they don't want to pay a lot of money for the water. -', Mr. Erickson ask about the water from the sewage plant they are getting a lot of guff about it. The Mayor told him that the city is putting in equipment to cholorinate the water, but we can put it in the river if the irrigation company don't want it. This water from the sewage treatment plant would give them extra water, if they want it. Jim Morris told them it was just a plus in their favor. Mayor Porter told them that at the next council meeting the council would set up the negotiations. It would have to be done at a public meeting. He told them for them in the mean time to decide how much land they have to be watered that is in use. Sander Larson assured tham that the city would give them the water that they needed to water the land that was being farmed. /~ City C~.L..- ~gleY . John C. Porter SPECIAL MEETING IRRIGATION CO. 5/19/81 i I !, I Those Present: Mayor: John C. Porter Councilman: Jim Morris Morgan Garner Sander Larson ":1 I .0 Councilwoman: Darlene Blackburn Rose Bagley, City Clerk Members of the Rexburg Irrigation Company were also present. Also Present: Lorin Kauer presented his feelings. Mayor Porter said that he had gone through the minutes, and discussed these with the group. He told them that when it was first decided to sell the canal there was a sale of stock. People morgaged their shares of stock and the city would go to the bank and guarantee money for shares. From that he said that he assumed there must have been money involved. The farmers on the upper ditch participated in the digging of the ditch and when the division was made they gave the ditch to the city, although the city had to pay for the deversion ditch and headgate. In view of the minutes where money was involved, the city had to pay to take over the upper canal. Lorin Kauer reminded the conucil that the city had always dumped excess water in the canal. Leland Steiner told the group that there use to be four drains to take the water from the city canal to the Rexburg canal. Mr. Kauer said that was when the agreement was made that the Rexburg Irrigation Co. would get the excess water. Andy Anderson said that he remembered an agreement. I I I '1 I I ! ., L. 'I I .1 ,I 'I LI .'-1 000794 Mayor Porter read from the minutes of previous meet~ngs, about agreements between the City and Rexburg Irrigation Company. Mayor Porter said that because we have to pay $15,800 on the drain ditch we have to sell water to pay for it. He told them we have a lot of wastewater from farmers dumping in the ditch you can use. When the Barney Dairy road was rebuilt after the flood it was built so the excess drain water could dump into the canal. and we have an asset of water and we have to pay for it. Mr. Kauer reminded the Mayor that they have assumed the responsibility to water the land that the city use to water. Jim Morris ask how much farmland the Irrigation company was watering. The Irrigation Company did not know exactly how many acres only approximate total of about 100'acres. Mayor Porter told them that the City needs to maintain the ditch and they need to receive enough money to pay for the maintenance, the tax payers should not have to stand the cost. Mr. Kauer stated that they should have all of Tim Parkinson's share of water. Mayor Porter said that he thought they should go on a 1/3 basis. and checks should be exchanged. The city has 14~ shares. Mayor Porter said that after making a survey on the farmland that is not being watered now, he would estimate that only 75% of the farmland is being watered that was originally watered. The mayor had talked to the farmers on the east and they had told him that the ditch was always full of water, so the irrigation company was getting as much wastewater as they did before. Mr. Kauer said that water had been diverted to Walkers. Mr. Kauer insisted that they needed the water Tim Parkinson had to water the land that the city use to water, and if the city puts the water up for bids the Irrigation Company should be able to meet bids according to their needs. Mayor Porter said that the city is liberal and that he was thinking of giving them 45% or 35% but that he thought 55% is to much, and if they only water 100 acres of land they should not have half of the water. Mr. Kauer said that Tim Parkinson was getting 350 inches of water and they wanted that much plus the wastewater. He also stated that in a dry year they wanted the first preference in bidding. Jim Morris told them that a bid is a bid. He also told them that the city would charge them for the water and they should charge the city. Mr. Kauer told the council that if they could not get 350" of water they would take it to court. He said that he felt that the city should meet this compromise because they really should have all the water. Mayor Porter told him that the court would say that the city should be compensated to maintain the ditch. He said he felt that the city was tryiog to take care of them but we have to recuperate expenses. Mayor Porter told them that at the regular city council meeting on Wednesday night we have got to resolve this problem. He said that he felt the city should allocate to them 30 to 40%. We have not made a deal with the pipe- line, we have all agreed to negotiate the water in April or March of each year. Mr. Kauer reminded the council that they felt that they had done the city a service by watering the land that the city use to water. '% c.~~, Cit~;k ~~ose Bagley I 'll I I , I I RE: [. . i ~- RE: 'j IL I ! "i i .' I " I , I j J ! 1 I I RE: l__ RE: -~-I 000794""'- June 10th would be the soonest that we could open the bids, this would be scheduled at 4:00 P.M. that day. Earl Kemp showed the two layouts for the parking lots. WES FORD PLANS A BUS ROUTE IN REXBURG Ma.yor Porter introduced Wes Ford to the council, he has a plan for a bus route in Rexburg. Mr. Ford explained that he was going to talk to employers to see if there was enough empljpyees that would be interested in using it for going to and from work. The bus would circle the city in one hour. They would have two buses in case one breaks down. They would be able to get the support they needed if they could get 1000 people to say they would ride it. Mayor Porter told the council that Mr. Ford wanted the council to give him a franchise to operate the bus. He also explained to Mr. Ford that there are two college student buses that are in operation and would still operate. Mr. Ford said that there would be about 10 stops around the city, he would find out where the best places would be to stop. The council told him that if he could find out if he had the support and backing the council would grant him the franchise. DITCH WATER LEASES Mayor Porter discussed the ditch water leases, explaining that the city council had had several work meetings to resolve the problem. They have come up with the conclusion to split the water 50 - 50. The city has 14 C.F.S. At the present time Teton Pipeline has 6.5. We will now make it so the Teton Pipeline has 7 and the Rexburg Irrigation Company has 7 if that is agreeable with both parties. That would give the Teton Pipeline 5 more C.F.S. more water than they were getting. An agreement was read by Mayor Porter which he had written, this agreement would be officially drawn up by Mary Smith with Teton Pipeline and Rexburg Irrigation Company and would be negotiated every year. We don't want to do anything to jeopardize the city's water rights. Mary Smith explained that there had been some talk to put in a low head turbine or possibly start gravity irrigation in Rexburg. Rexburg is going to have an investigation dOlle and a cost study done. Rexburg Irrigation needs to send the city a bill and there will be an exchange of checks. Roger Hoopes ask if the negotiations could be done every January. The council agreed to each January for negotiations. Possibly some of the land that is irrigated on the west side of Rexburg might be sub-divided and at that time the water needed to irrigate that land will be negotiated. Roger Hoopes told the council that the Teton Pipeline appreciate the opportunity to lease water and would apprec~ate being able to lease water in the future. Rexburg Irrigation was told that next year when the water was up for negotiation they would have to know an exact number of acres that was being watered. Mayor Porter aSK Mr. Erickson of the Rexburg Irrigation Company if they and the engineer had gotten everything ironed out on the drain ditch. He said that they surveyed it and it is 6" high, but he thought it would work. Earl Kemp said that they would get a dragline in and lower it about a foot for about a 300 foot area. A motion was made by Morgan Garner and seconded by Jim Morris to instruct Mary Smith to draw up a contract with Rexburg Irrigation and one with Teton Pipeline, dividing the C.F.S. water according to the agreement read by Mayor Porter which will give Rexburg Irrigation 7 C.F.S. of water and Teton Pipeline 7 C.F.S. of water. All Aye. RANDY ALLEN THANKED COUNCIL Randy Allen had called Mayo r Porter and wished to thank the council for having a grate put over the canal that goes under the street at Aries. MONEY LEFT IN TEDRO PROJECTS Earl Kemp said that he and Richard Horner had gone over the money that had been spellt and the amount left in the TEDRO projects. The street project when completed this spring will have only about $1000 left, but could be as much as $10,000 left. He said that he would recommend t.hat we did not do anymore until we see how we are. The curb and gutter has settled by the East Stake Center. Mayor Porter said that '. the curb and gutter is sinking by the D.l. and the road is settling on the corner of Main and 3rd East. / (j;! ~ 000794" A motion was made by Glen Pond and seconded by Sander Larson that the rules requiring an ordinance of a general and permanent nature be read on three occasions be dispensed with and that said ordinance be numbered 644. Those Voting Aye: Darlene Blackburn Glen Pond Jim Morris Sander Larson Nile Boyle Morgan Garner Those Voting Nay: None I ,Ordinance 644 was L for final passage the ordinance and then placed before the council. of the ordinance, and the motion seconded by Glen Pond. The mayor then called the voting was made by Nile Boyle to adopt Those Voting Aye: Darlene Blackburn Glen Pond Jim Morris Sander Larson Nile Boyle Morgan Garner Those Voting Nay: None The roll showed all councilman present voting "Ayell carried, the Mayor declared that the majority of all the members of the City Council had voted for the passage of said Ordinance, and that said Ordianance was duly and regularly passed. Mayor Porter declared the motion carried. RE: DISCUSSION ON ADOPTING STREETS IN MILLHOLLOW MEADOWS Mayor Porter said there had been a lot of controversy over the city removing the snow for a fee at Mill llollow Meadows. When we adopted the plat for Millhollow Meadows, it was suggested that the road on the west end of the trailer court, Syringa, be made a public road. This was opened up so the people in the sub-division use thIs road as a public road. We cleaned the snow on Syringa and on the road on the east end of the trailer court, Lilac, and in between there and he is paying for it. He would like to give us that road. It is a 60 foot right-of-way and is 44 feet from curb to curb, so it fits the specification for a street in Rexburg. He would also like us to take Lilac as a city street. Earl Kemp said they were built with good specifications. Nile Boyle suggested that "e take it under advisement for t>1O weeks, that would give the council n chnllce to go up nnd look at it. RE: PRECONSTRUCT ION MEETING IN RIGBY ON BRIDGE ON 5th WEST Mayor Porter said there is going to be a preconstruction meeting in Rigby on February 26 at 1:30 P. M. to meet with the contractor that is going to build the bridge on 5th West. He ask Jim Morris to attend the meeting. RE: RE-NEGOTIATION ON IRRIGATION DISCUSSED, ALSO POSSIBLE BULB TURBINE Mayor Porter said that last year we made a contract with Teton Pipe Line and Rexburg Irrigation in the Resolution we said we wanted to re-negotiate every year. He also got a letter from the State Department of Water Resourses saying when we re-negotiate it we should write a letter to them telling them how much water each of those companies should get and how much we are retaining for the farmers that we serve on the East side. He said he thought we should immediately set up a meeting so that by the end of March we will have it all taken care of. Last summer Rexburg Irrigation became convinced that they were going to get quite a lot of water through the waste ditch. They get 7CFS now and if they can get by with 6 CFS, we can sell one more and get more money. We will also be dumping the waste water from the Lagoons into the canal too. lie said we have 27 CFS in the Teton River at the present time the old Teton Dam is sitting up there, and if nothing is going to be done with it we could enter into a contract with the Utah Power & Light by using our half of the water to put in a Bulb Turbine, they might finance it and we would sell them the power. There may be another place along the river that we could use part of the water rite and develope a power project. He said that is why we should hold onto our water rites, we should also put in a flow meter in the wastewater to find out just how' much flow is going out there. We will have a flow meter in the flow going in to the canal. , ~~~I IP~ " 000791 With the various sources we have we might find a place for power resource. It may help to keep our power rate down. He said he would write a letter to both of these people and tell them we want to set up a meeting and go over the whole thing with them and see what we can do. RE: SOROPTIMIST CLUB GIVES $196.70 FOR DRINKING FOUNTAINS AT SMITH PARK The mayor told the council that the Soroptimist Club is going to put a couple of water fountains in at Smith Park. They have given us a check for $196.70 for two drinking fountains, and the water department will install them. RE: DISSUSSION ON SOUTH REXBURG ARTERIAL ROAD Earl Kemp and Clint Kingsford was at the council to discuss the South Rexburg Arterial Road. They handed out sheets on the costs. (attached) Earl Kemp said they would let us go ahead with a 34 foot road the whole way. They will let us put in two lanes on a--J preliminary phase, they will fund right-of-way aquistion at 19% local costs. Now due to the fact that the city has adopted the new map showing 2nd East and 2nd l;est as main arterials, they will fund the improvement on 2nd East and 2nd West as part of the project. Clint Kingsford said they got a letter approving the 4th Alternative but they stipulated that to get that approved they would have to approve the short section from the intersection at 9th South. Deloy Ward was at the meeting to discuss how this road would effect his property. Mayor Porter said ie. was evident that the one everyone thinks will be used the most is the one from highway 191 over to at least 1st West over to the college, the one to 2nd West would be the best way to go on the first phase. The city council was concerned as to where the money was coming from for the road. Earl Kemp told the council they could make the application for the road and then either drop it or postpone it if the money was not available. The application is sent in and they process it and if they approve it then you have to send in a basic fee for them to review the plans, then you can start surveying and come uu with the prelimanary plans, once you have them done then you have to go through another hearing, that is called a design hearing where everyone would have their input. Total engineering on the whole project would be 10 to 15%. To make the application would not cost anything and then if it was approve you could decide if you was going ahead with it, which could take a while, and then they ask for some and it is credited to the local share. Mayor Porter said he thought we should at least get started with the plans, and then people would at least know where the right-a-way is going to be. A motion was made by Nile Boyle to go ahead and submit the application only, seconded by Sander Larson. All Aye. RE: MEETING WITH RCD AT THE ASC OFFICE ~ Mayor Porter told the council that last Tuesday he attended a RCD Meeting at the ASC office, we are a member of this organization. They have a program where they can get money for conservation projects. They want to go ahead if it is alright with us and get the farmer to go along with it and they will bring a terracing machine in to do terracing on the farms and on the college property. The Soil Conservation think they can pay for terracing up to 60% to 70%. They will have meetings with the college and farmers and get it all put together. We will get it worked out and eliminate a lot of the silt that is coming from the farm ground now. The other project is one the county have with them and is on the Erickson Road and also on the Millhollow Raod is in the borrow pits, to have a retention wall put in. This will make it so instead of the water coming along in the borrow pits and washing away the road it will help prevent it. RE: BILL INTRODUCED TO INCREASE GAS TAX Ie There has been a bill introduced by House Transportation Department Commettee the number is 662 to increase the gas tax from ll~e to l2~e, this incease of Ie will go directly to cities and counties. If that bill passes it will give Rexburg an additional $26,988, this will be our share out of the find. There is a trend through out the country to go with users fees. He said he would like to have the council's permission to write to our senators and representatives and tell them the council would appreciate them voting for this bill. The council all agreed with the mayor. RE: REQUEST TO PUT VENDING MACHINE IN CITY HALL , , ~ Mayor Porter told the council that a man had been in the office that wanted to put a vending machine in the City Hall. The council decided that we did not need it. RE: BILLS PAID A motion was made by Nile Boyle to pay the bills and seconded. by Sander Larson. All Aye. RE: DISTRICT SIX CLERKS AND FINANCE OFFICERS MEETING Mayor Porter told the council that there would be a District Six Clerks and Finance Officers meeting at the city hall tomorrow. I ..:.-.-f : 'II ~"f . ! , I I 000794 i a map that Farrell Davidson had made of a proposal~ water before it gets in the drain ditch that I He proposes to dig a ditch over to the river and It would need a right-a-way through the Walker 'II could get the right-a-way. II, RE: MAP TO STOP WATER BEFORE IT GETS TO DRAIN DITCH Mayor Porter showed the council he wants to work on to stop the goes around Millhollow Meadows. divert the water into the river. property, but Farrell thought he RE: ORDINANCE ABOUT DELINQUENT ACCOUNTS The mayor told the council he had received some copies of some ordinances from other cities from the Sterling Codifiers. There was one from Caldwell about delinquent accounts. "DELINQUENT ACCOUNTS: All charges and fees, as provided by the chapter, not paid within thirty days of the date when due shall become delinquent, and shall be, and the same are hereby imposed as a lien against and upon the property or premises against which such charge or fee is levied or assessed, and the City Clerk shall, at the time of certifying the City taxes of the City, certify such delinquencies together with a lien upon the property and will be collectible as other taxes." Mary Smith said she would check on it. RE: PAYING WHAT STEINER AND WALKER OWE Mayor Porter said a year ago when they were building the new road, we had the pipe in and then we had to move it. We had a meeting with Forsgren Perkins, Earl Kemp, and Steiner and Walker and the city and we each agreed to pay a third of that. The city paid theirs and Forsgren Perkins paid theirs but we can't get Steiner and Walker to pay theirs. The state of Idaho has got to close that project. A decision was made by council for the city to go ahead and pay the $267.00 still owing and then collect it from Steiner and Walker. It was suggested to either invite them to a council meeting and put them on the spot. If that did not work, turn it over to the Small Claims court. RE: REORGANIZED GOLF BOARD Jim Morris told the council that they had reorganized the Golf Board. Evan Meyers had resigned; in his place is Jane Kennedy. The other members of the board are Roger Ferguson, Keith Larson, Jim Morris representing the city, and Doyle Walker representing the county. The member of the mens golf association that serves on the board will be Jim Dettloff, they still need to select someone from the ladies golf association. A motion was made by Nile Boyle and seconded by Morgan Garner to except the above named members of the Golf Board. All Aye. RE: GOLF BOARD. MANAGE GOLF COURSE Jim Morris told the council that he and the mayor had met with the commissioners and they had agreed to let the Golf Board manage the golf course this year. The money would be moved to the City Hall in a Golf Bank Account. By doing that we would get a Budget Report every month, and control the money. By the next council meeting the Golf Board will have a budget submitted for the up-comin!j year. All bills will be paid by the city but will be approved by the board. The board will meet once or twice each month. RE: LEASES WITH REXBURG IRRIGATION AND TETON PIPELINE Mayor Porter said we had a letter from the Department of Water Resources in which they told us we had to do something about the leases we have with the Rexburg Irrigation and also the Teton Pipeline, that it should be a little more formal. We do have a formal contract with Teton Pipeline Company, but we don't have one with Rexburg Irrigation. They also think we should file on our wastewater and also the water that comes out of the treatment plant that is going into the irrigation ditches. Mayor Porter said we also need to file on the well that county gave us. Mary Smith was instructed to prepare the formal leases on irrigation water, wastewater and the water that comes out of the treatment plant. The mayor said he and Mary would set up a meeting with Dick Davis and then Mary could file on the well. RE: PROBLEM AT MILLHOLLOW TRAILER COURT \ A couple was at the meeting from the Ricks Palmer Addition. They asked what the city was going to do about the problem at the Millhollow Trailer court. They were told there would be an ordinance passed stating that all connections would have to be sealed. They were advised to turn in there claims to the insurance company, Mayor Porter said the Water and Sewer committee would meet with Gene Palmer to resolve the problem. They felt that Gene Palmer should pay the costs that were incurred. ,i , " I, , I ~ ,:1 MINUTES OF THE CITY COUNCIL MEETING April 20, 1983 OnIJ794 A meeting of the City Council for the City of Rexburg, Madison County, held April 20, 1983, at City Hall. Present were the following: Mayor: John C. Porter Councilman: Jim Morris Nile Boyle Morgan Garner Glen Pond Councilwoman: Darlene Blackburn Also Present: Mary Smith, City Attorney Rose Bagley, City Clerk I Richard Horner J Treasurer1 I . RE: WATER SLIDE j Barton Jensen presented a proposal for a Water Slide, showed the plans for the slide and the slide area. He said 90% of these slides are built on a hill, which is much I cheaper and more feasible because of the expense of the tower and the support system., The tower will be approximately 40 feet high, the pool is 15' x 32', it is self-conta has a filter system and has its own gas heater to keep the water warm. He said we I would have to go with a different ticket situation than they do in most cities beeauss you will be doing more repeat business than you would have in a larger city. Barton said they would not be fully dependent on the city pool. The council felt that the slide would be a good idea. Barton Jensen said this would give the concession stand more business and might need to be expanded. The construction time for the slide wau be about 30 days. Mr. Jensen also suggested having lockers put in the dressing rooms and'rent them at 25c. Mayor Porter thought we should look at the dressing raa~ and see if they are adequate. Barton Jensen said it would be about a $170,000 inves and they would need to get at least that money back. He said they would like to meet with the Parks & Recreation Committee and present their proposals. RE: WATER LINE EXTENTIONS i: i: Mayor Porter said there had been a question on water line extentions. When someone :1: had to extend a line, we have had them extend the line the size that we have needed II it. If there is a 10" line on the street it should be extended with a 10" line and 11 they only need a 6" line for the connection, the city would pay the difference betwee the 6" and 10". The property owner would have to pay the cost of burying it. That:: would be the proposal we would give to Lyle Robison on the extention across the river,. for his new bUilding. The mayor said we have enough 10" and 8" pipe on hand so we d~ have to buy anymore. The council agreed to this proposal. :'! 'I , I ii: Mayor Porter said we have another problem. We still have some meters that are insider homes. Every once in a while one of the lines from the main water line into the house will get a leak. There is one in town that has been leaking all winter. DeLynn has t told the homeowner that they should fix it, but it is on our side of the meter, i' and they haven't done anything about it. The mayor had told DeLynn that we would give the people 30 days and if they didn't get it fixed within that time we would turn it i' off, but we haven't even got a turnoff in the street. The council felt that we need; to move all the inside meters outside. , ! RE: METERS INSIDE HOMES RE: READING METERS Mayor Porter said we are in the process 'now of reading all the meters for the first i time since last fall and we have discovered there are a few places where the line is broken and because we have not been reading meters, no one has known. We have one that says we will pay for half of the first billing and then after that if they do not get it fixed they have to pay the whole thing. Mayor Porter said last year the ones we found that had a broken line we estimated what they would have paid if they would not had a leak and charged that. It was decided by the council that we charge what we would estimate they would normally use for the whole winter and charge them that amount. 'I RE: CONTRACT WITH IRRIGATION PEOPLE I Mayor Porter said we have got to enter into a contract with the irrigation people, I with Rexburg Irrigation; we already have a contract with Teton Pipe Line. Mary Smith has been in touch with the Water Resource Board, and they told us we have got to have' a written contract lease all the time. He said it is alright with the council, he an,' ~, I 000 7~14 Ii .~ry would go ahead and get it all lined up. Last year what we did is they cancelled 'our assessment on our stock in 'the Canal Company. The mayor said, what we need to do I lis find out what the actual acreage they are watering from our irrigation ditch and ,base our charge on that. Mary said we are obligated to furnish the water for those :larms. The mayor said we have more shares of water now than it takes to do that, we I are also dumping the wastewater from the city ditch in it. He said now that Idaho 'ower has control of all the water in the Snake River, our water is pretty valuable. ~motion was made by Jim Morris and seconded by Darlene Blackburn to authorize the myor and city attorney to enter into a perpetual lease with the Rexburg Irrigation Company. All Aye. Mary Smith said that Ron Carlson from the Water Resource Board ~uggested that we make it perpetual to let either party have the right to terminate it ,at anytime. ,I M: PRIVATE LINES I '~yor Porter said DeLynn was concerned, he thought there should be something in the ordinance concerning private lines that hook onto the city water main. What we have always done is at the curb between the meter and the mainline the city has taken care of and from there into the home is the property owners line. On the homes that Mve meters inside their home, the rule has always been from the meter to the mainline ia the property owners line. If anything happens to that connector line, they have to take care of it. It doesn't spell that out in the ordinance but that is the rule w have always followed. Jim Morris said he thought we should change the ordinance to 'IDclude that. DeLynn thinks what it should be is from the mainline into the house, if the meter is in the house. If the meter is at the curb, have it from the mainline to the meter as the cities responsibility. The council suggested that a resolution ~ made and that the Mayor and DeLynn Edstrom get together and decide the best way it should be handled, and get the resolution ready. RAISED FEES THAT FARMERS PAID Mayor Porter said last year we raised all the fees by 50% 'that the farmers paid for wter that comes out of the ditch. This year we have made arrangements for a backhoe to go through the ditch and clean it all out. The mayor said what we should do every year is keep an accurate account of all the costs on the ditch and have a meeting with ~e farmers showing the costs and assets accordingly. 4TH SOUTH NEEDS TO BE REPAIRED ~yor Porter said 4th South is in bad shape and needs to be repaired. If we don't do something there won't be much left. He said we need to check and see the streets 'lliat need to be repaired and then check with H & K and see how much it will cost ,to repair them. [M: COSTS TO REPLACE CONCRETE r '~e mayor said he had previously asked Farrell to talk to concrete firms and see how '~ch they would charge per foot to replace concrete. Instead he got bids, and we had I~t advertised for them. The mayor had opened up the bids and they would charge !$ll. 50 per foot which is too much. Jim Morris asked if we had our own forms because lif we do, he thought we could hire someone to just do the cement work at a reasonable 'price at so much an hour. The mayor told him we have the regular curb and gutter forms, except for the ones going around corners. He said he was going to go along and talk to the people and see if we dug out the old curb and gutter if they would pay for the installation. Jim Morris said he would check into hiring someone by the hour to do the cement work only. GOLF COURSE AND PARKS , Jim Morris reported on the Golf Course and Parks. There is only two changes in the green fees. The daily fee went from $4.00 to $4.50 with the 50c being earmarked for llie Clubhouse. The other change we have corne up with is a 30 day pass for some people that corne to our area for a short period of time. He said he had met with Farrell md discussed the people that are taking care of the parks. He said they had decided to pay them a minimum wage and pay the supervisor a little more. They would knock the IFges down from $3.75 to $3.35 for minimum wage. ,M: PAYING BILLS I IA motion was made by Morgan Garner to pay the bills and seconded by Nile Brown. All Aye. , I,' M: I I~e mayor said we have been having a few people call in about mobile homes. Some are [aenior citizens that forgot to corne to a hearing. He suggested that we get the committee : together and meet with them. :' CALLS ABOUT MOBILE HOMES I j( ii' I r , 11 ,II " ,i' ! , i ,j I! I" ,II : ,II I ILl ;11 \ 'I ' " I'" , ' L , I! Iii :1' :1 ' : : ~ I ' ':1':' ,;~, , 1.1, . .11' ' , , ii:!11 , \. 1,1 : I ill' 'I' , , , ' 1',\ " 1:1, (I;, i: I, 111 II, , , '" , ", I, I " rl , Vii I' " i 1 Ii: I; Iii l I :, " ~ 'I :1 . I II :I ('. il 'I I I I I , Ii; I' , ';1: J 'Ii :I~ I) . " I I I j I: so we will have them to give to these people. $2.00 off. A motion was made by Morgan Garner authorize the mayor to purchase 25 books., All o 00 79 4 iH If we order them now we can ge t the. i and seconded by Darlene Blackburn to" i Aye. ! i , I I ,J RE: TETON ~IPE LINE PEOPLE The Teton Pipe Line people were in the city hall and want to sign the lease. Mary,' Smith said the lease is ready. I ! RE: UTAH FLOOD FUND Mayor Porter said another thing, he thought the council and the city should start a fund for the people in Utah that are in the flood. The money can be sent or brought to the city hall and we can send it down to them. Sander Larson suggested that we send man powe~ down, the mayor said that would probably be handled by the church. RE: BLUE CROSS PREMIUM Glen Pond discussed the increase in the Blue Cross premium. It has gone up Single Membership from Two-Party Membership from Family Membership from $53.46 118.55 136.75 to to to $66.55 145.25 166.20 The employees have been paying 20% and 25% and the city has been paying 75% and 80%. This increase will start July 1. Glen read an additional clause "A new Idaho law i requires that the charge for benefits for elective abortions be defined and made :; optional. Your current health care program includes this coverage at a cost of $.0$ per contract, per month. If you prefer to remove this benefit from your group I program, you may do so be completing a waiver card." It was decided by the council;' go ahead for the balance of the budget year with the same percentage scale as we ha and then at budget time take it under consideration as to what percentage the city, will pay. It was also decided to leave the elective abortion as part in the policy, RE: REXBURG IRRIGATION COMPANY Members of the Rexburg Irrigation Company were at themeeting. The council a contract with them and they are to pay the city $300 a year. RE: PAYING BILLS A motion was made by Morgan Garner to pay the bills and seconded by Sander Larson. ' All Aye. RE: ADJOURNMENT A motion was made by Glen Pond to adjourn and seconded by Sander Larson. Cit1f-:rk &~ MINUTES OF THE CITY COUNCIL MEETING June 14, 1983 State of Idaho) County of Madison( City of Rexburg) A meeting of the City Council for the City of Rexburg, Madison County, held June 14, 1983, at the City Hall. Present were the following: Mayor: John C. Porter . Councilman: Sander Larson Jim Morris Glen Pond Nile Boyle Morgan Garner L ~ '~~h - .. , , ~ , I , 'I ' '.1 : .' 'I :' , , [I 'i '.11 ,. , .i ;, ~ i ::'1. ~ "I l". 'I . .:1 ':i I ;" , , : ~ I! I' :,1 1., I Ii I" I I I I I I I i I I I I , I I I , I I, I, ;..-l\.: I 'I I 'I '~ <i t'i' I 'II " j ,11 l 1 n! :)' I. i" t "I ~II' i ,I , III' ~, : i ~!i : I >>:1 ' ~:I. ~: , ij:11 ~il I " .1,' ii I r!l. ! 1: 1 \I' ' ,II '" il: 'Iii, ii' 'i Ii' ',It'l II' 'I"; IIH \ I r ~ I !j ;11::1 ~ II'. '. i' iI. , I ~ ' [~;'1i. :i.' tn ,j' II,; M '[i 11'1'" ' .II ,I' ~I)l !: -III III Ilill :1; : ~ I ; ii" 'I '1! ! i ~ : I ' :1 ll!' I. "I ' , I; " ",I I': ,III: ili jI ::) i :lll!: Ii: " 1'1' I' ,', Ii Ii" ,I' 'I',' :1 f ,I Ii., " I"iil 'I :,;;1 III :li ai,. !h il":11 W:' ':j, 1/';',1 l~1 i 'j it:, ill i 1 ~ : j.:, : ~ :. 'I "I: ,', ~!~, d'l ,I, I,., c t h RE: STREET REPAIRS 0 ft () 7 9 4 il " I The mayor said he had not had a chance to talk to Farrell about the street repairs.! Morgan Garner said he didn't think the mix was as good as it should be, 'it isn't I as smooth as we have had before. There was a discussion of the corner of 4th Soutb, and 1st East. It had been paved so the street would drain and there was a I severe bump there that could cause an accident. Sander Larson made suggestions about smoothing it out on the other side. Nile Boyle said he thought it should be redone at that corner. Morgan Garner said he thought he, Farrell, and John Millar should go around and inspect the work. St Co Ci A Oc Pr RE: IRRIGATION COMPANY TO FENCE CANAL Mayor Porter and Mirth Kidd was going to meet with the council, she wants the Rexburg Irrigation Company to fence the canal that goes through Rexburg. He had told her there wasn't anything the city could do about it, she would have to talk to the Rexburg Irrigation. RE: GREEN RIVER ORDINANCE The mayor said he was having Farrell get some signs made that we have the Green River Ordinance in Rexburg, to be put on highway as people enter the city. RE: ALLEY BEHIND STEVE TERRY'S HOME RE There was a discussion about the alley behind the Steve Terry home. A m; RE: BUILDING REPORT RI Mayor Porter read the building report. There was $244,300 permits in September. M, PE IJ SI bE j( p\ tl RE: INQUIRIES ABOUT REPLACING CHARLIE :1 inquiries from some of the councilmen about 'I to Farrell, and since we have the new truck alld1i man, so we will not replace him at the present ::1 ::1 I " , , The mayor told the council that Rose did not have time to get the bills ready, so II ., we would approve them at the next council. Mayor Porter said he had had some replacing Charlie. He had talked compactor, it can be run with one time. RE: BILLS NOT READY al RI RE: DAMAGE FROM EXPLOSION M, R: 01 M. (. Morgan Garner asked the mayor how things looked to him about the damage from the explosion. The mayor said the policy is for $196,000 and $44,000 for contents. There was little damage on the contents. He said as he talked to the adjustor today, he feels we would be able to salvage the air conditioner and light fixtures. There is probably only about $2500 in salvage. The council discussed rebuilding on the same spot and other various locations that could be purchased. The mayor had checked with some contractors on how much it would cost to re- build. They had given him the figure of about $225,000 to $250,000. RJ TI wI v, Nile Boyle felt we did not need to hurry and make a decision, and we need to about the future. p: T, r. RE: ADJOURNMENT c! bi I A motion was made by Darlene Blackburn and seconded by Nile Boyle to adjourn. All Aye. at TI tl i H' a h t i S w citfclerk~~y ,(2-;(i;) R J I .1 I i \Lj~ ~-I nn0794 HE: PLANS FOR LID The mayor said on the LID he had come down to three places in town. (1) new curb on main street, (2) finish that street up by Targhee Chalet where only 1/2 of the road if paved, (3) the south end of Shoshone. The engineers are getting property descriptions. RE: MAYOR SPECIFIED TIME TO DISCUSS THE BUDGET The mayor told the council that we are going to work on the budget the last week in July and the 1st week in August. --' RE: SPECIAL MEETING CALLED FOR HEALTH INSURANCE Our Health Insurance has increased 357.. Rose has gotten some bids and quotes. The suggested to turn it over to the finance committee. A special meeting for the council to review it was scheduled for Monday July 11 at 6:00 P.M. RE: DISCUSSION ON FLOOD CONTROL BOUNDARIES The mayor said he had had a lot of inquires on the flood control boundaries that we had within the city limits. If you have a home you are financing that is in a flood control boundary, you have to carry flood insurance. There are some areas there have been changes, because we build up the streets and other things. He thought we should ask for a hearing and change some of them. He would get Forsgren and Perkins check two or three of these areas and take elevations and if they think they could be changed, he would give it May to change it. ~ RE: DISCUSSION ON REXBURG IRRIGATION CANAL & REXBURG l':ANAL Representatives from the Rexburg Irrigation Company were at the meeting. Lorne Kauer acted as spokesman. The canal company wanted to get the agreement with the city finalized. He reviewed what has happened to the water. Rexburg Canal and Rexburg Irrigation Canal were one canal when the valley was first settled. 1896 they were divided into two separate canals. And all the wastewater ran back into the Rexburg Irrigation Canal. There was a ditch out by the fairgrounds and one by Harold Nielson's that it ran into. In 1966 and agreement was made between the Rexburg Irrigation and the City of Rexburg. The Rexburg Irrigation was watering the area in the city east of the canal in return for the excess water not used by the farmers east of the city. The reason we made the agreement was Alma Klingler came to me and said they would like to abandon the ditch through town. They ask us if we would take it upon our irrigation canal to water the land south of town. So that agreement was made at that time and the were to give us their excess water so we could water it. This went on until 1975. The City of Rexburg rented their excess ,water to dry farmers for 5 years. The rented 7 second feet to Tim Parkinson, rented 6 1/2 second feet to the Teton Pipe Line. As soon as the Rexburg Irrigation Canal found out about this agreement, they met with the City Council and the City Council agreed to turn the water back to the Rexburg Irrigation after the 5 year lease was up. He read from the minutes of 1966, and 1975. They then met with the council again shortly after that and Earl Hoopes was there, representing the Teton Pipe Line and we agreed that the Rexburg Irrigation would take the 7 second feet that Tim Parkinson had and you could go ahead and rent him that. He said they feel now in as much as this adjudication is coming up we would like to get this settled. We feel that that 7 second feet is adequate to water the land we are watering that you were obligated to water and would like to get this adjudication and forget this whole hassle. ~ I l ~---l I).' :t ../ I 000794 Mayor Porter said he disagreed. the city owns 14 shares in the Rexburg Irrigapon. Which is enough to take care of those farms you are watering. We spent $15,000 of the city's money out of the general fund to change that head gate from our water ditch so that the waste water from the Rexburg ditch would dump into Rexburg Irrigation canal. At the present time there is a lot of water. The mayor had talked to the water master today. Mr Kauer disagreed with him. The mayor said we are spending between $3.000 and $3.600 every year to maintain our ditch from our headgate down the ditch. You are paying us $300 for the half of that water that we had here in the city. Boyd Ashcraft who is a farmer on the ditch on the east of Rexburg has assessment of $271. Dell Barney pays $255. and they don't get as much water as you do for $300. Ralph Huskinson pays $187. Dell Palmer pays $284. Teton Pipe Line pays $2750. What it does is make it so we are breaking even on that ditch on the maintenance. if we were to give it to you we would loose $2,700. Someone would have to pay it. Lorne Kauer said if you will remember in 1975 we did not charge you for your shares in the canal. The $300 is an offset, so you aren't paying anything. Mr. Kauer said he did not think they should pay. because they are watering grounds they should water. The mayor said the Airport, and the Golf Course that use to use your water are not using it now, so you can take that water to water that land. Mr Kauer argued that Jim Jensen is putting in a well and he still has all his shares, the reason he feels he should pay for his shares is because the rest of them are keeping the water table up so he can pump. Keith Erickson has done the same thing. With out the rest of them irrigating the water table would drop down too low it would cost you a lot more to pump water on the golf course than it does now. He said the pumps the city is using on the golf course is for supplemental water. The mayor told him no. they are 300 feet deep. and is an irrigation pump. The mayor said he did not think it was fair to make the people on the East side of town pay for maintaining a ditch or the tax payers in the City of Rexburg and then give you the water. Mr Kauer said the rest of them are paying for the water that the city is giving to the other guys. Nile Boyle said he did not remember all about it, but it seemed that when you had the opportunity to lease it you would lease it at the same price they are paying. Mr Kauer said that is what the mayor had wanted us to do but they had felt they couldn't handle that. The mayor said he thought we could give the Rexburg Irrigation company their shares and in return find out how many acres they are taking care of for that waste water that use to go down there. The waste water from the ditch was what the farmers were suing. Mr Kauer said they had always had more water than the 7 second feet. In the minutes of 1966 it said we would give the water to you until further notice. the mayor told him. And we gave you further notice that we were leasing the water. We would not be fair to the farmers on the east side of the city if we gave it all to you. Mr Kauer said all they were asking for is water to water their land 7 second feet. The mayor said when we have an area out here that we are not using anymore and take it out of you district. you don't think we can say you take that water you are not using and use it over there. It is unfair for the Irrigation company not to do that. Mr Kauer said if the city doesn't want the 14 shares we will buy them. The mayor told them we don't want to sell them. we just want you to use them in exchange. The city has an obligation to hold onto the city water. Mr. Kauer said they were not getting any benefit from the diversion headgate. Keith Erickson claimed that the $15.000 went to the Barney Dairy Road net to ,the canal. The mayor told him the county put the road in not the city, and when they were, finished with the road there was no money left for the diversion head gate and canal so the city had to pay for it themselves. Mr Kauer said that Keith Walker is using that water and ask if he had any shares, because he is using the water. The mayor told him he did not and if he is using it, we will turn it off. The mayor ask him if what he wanted us to do is give them the part of water that they are using now. Mr Kauer said all they wanted was enough water to water the land they are suppose to water. We don't think the water should be used up there. He said how can you take water out of one canal and \C)o , I ,I I 000794 give it to another. You are never suppose to sell any water out of our district. it is in the by-laws. Nile Boyle said the thing now we need to do is for the Irrigation Company to get it down in writing 1.2.3.4.5 so we can understand. The new members on the council do not know what you are talking about. Glen Pond said he did not understand what the whole problem is. They explained that the city ditch has 33 second feet of 1898 decree and they have 27 feet of 1883 decree. Half of it goes to the farmers east of us. The other half goes in the city which we don't use anymore. so what we did is lease half of it that the city use to Teton Pipe Line. for which they pay us $2700. That is for 6 1/2 feet. The other 7 second feet goes to the Rexburg Irrigaiton Company for which they pay us $300. This is to compensate for the farms that use to be served by the Rexburg Irrigation Ditch. Mr Kauer said if you started with 7 second feet of water up by Dell Palmers and ran it clear to the end of the ditch it would not get that far. ~ Nile ask Mr Kauer to explain just what they wanted. He said under this new adjudication this 7 second feet transferred to us so we can irrigate the land we are suppose to. We already have it but we want it transferred. so my kids and grandkids don't have to come and meet with the city council about the water. Nile said the only problem he could see with that is if there is ever a time when Rexburg isn't going to be able to rely on wells for domestic water. Mary smith said that is why the city has always hung onto it. The city has a growth expansion responsibility. and water is very important. Mayor Porter said for example this year when everyone was watering and we had trouble with the culinary system when one well burned up. we may need to dig another well to pump from for the culinary system. then we will need the water. Mr Fujimoto said his parents were on the end of the ditch and they were paying water shares on the canal as well as 3 or 4 other families that the water does not get to now. Now to water the land that the city ditch irrigated you have to pump out of the canal. His question is where are those shares. The mayor told him there was no one that owned any shares in the Rexburg City ditch. They would have a big meeting every spring and everyone would say we need so much water and they would give you so many hours. Mr Kauer said they did have a water right they charged them every year. Mary Smith told them the city ditch has never had shares of water. the city has owned the water. You people are renting the water from the city. Loren Kauer said he did not think the city could own water with watering land. Keith Erickson ask that they have the 7 second feet now you say you want to keep it and in a few years you might need to pump it for watering lawns. What is Rexburg Irrigation suppose to do? Nile said he didn't know about that we could look at that 7 second feet and decide. ~ Mayor Porter said he did not want to see any farmer out of water and we are going to try to do everything else. That is why we put that headgate the way it is so we can dump it into your canal. Mr Kauer said the water master said whenever we get short of water there is never any water there. The mayor said instead of the city holding title to the water you want us to give it to you? Then someday Mr. Fujimoto would be told by you the city gave us that water and we are cutting you off. Nile told him to put it all in writing so the council can study it over. He said it looks like the only thing we are arguing about is you would like to get it permanently. Nile ask him about the water from the sewer lagoons. Mr Kauer said they have been real unhappy with that situation. it has cost us about $17.000 to de moss the ditch. Nile ask if it is worth it to you or is it not worth it to you. Mr Kauer said when this 20 years is up then we will decide. Nile said we could always break the agreement if both sides wanted to. Mr Kauer said you can't file on wastewater. Nile said we could use it at the golf course. --' Mr Kauer said they were going to file on the water and if we can't get it straightened out. he guessed we would have a court battle. They l l__ l; nL'~---l /51 nn0794 were going to file on the 7 second feet. The mayor told him the city was going to file on them too. Nile Boyle said even if we disagree, we need to get it in writing and see what we disagree on. Nile Boyle said he has never seen anywhere in the minutes where we ever said we were going to give it to you. It was never talked about transferring the water to you. Mary said we have one of the best water rights, and have a perspective growth here. John said if we wanted to sell it, we would put it up for sale and probably get $12,000 to $15,000 for it. Mary said we have an obligation to the city. Glen Pond said we have got to protect the water rights for the city. We don't have any rights to give away the water. A motion was made by Bruce Sutherland and seconded by Darlene Blackburn to pay the bills. All Aye Adjournment JO~-' ~;, (?~ ~g Rose B gley, CiP--