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HomeMy WebLinkAbout1981.04.14 CITY COUNCIL MINUTESThe Irrigation Company will not charge the city for their 14 shares, which would be $280, and in exchange they ask to have the water that Tim Parkinson has been leasing. The company would keep the shares on its system in case the city ever needs it. RE: BILLS RE RE: A motion was made by Nile Boyle to pay the bills and seconded by Sander Larson. All Aye. ADJOURN A motion was made by Norris Reese to adjourn and seconded by Jim Morris. All Aye. 4 Z� C. 9a& Mayor,. ­'John C. Porter City Clerk Rose Bagley SPECIAL MEETING MINUTES OF CITY COUNCIL HELD APRIL 14, 1981 Those present were: Mayor: Councilman: Councilwoman: Also Present: John C. Porter Norris Reese Morgan Garner Jim Morris Nile Boyle Darlene Blackburn City Attorney, Mary Smith Rose Bagley, City Clerk Purpose of the meeting was to discuss the Rexburg Irrigation Water. Mayor Porter told the council that the officers of the Rexburg Irrigation Company said that there is something in the minutes that we are supposed to give the water back to them, but he had been unable to find it. As Rexburg has grown, the irrigation has diminished; for example where the High School and new park is, used to be the Gillespie farm. Ricks Wade Addition, Kennedy School, Sunset Circle, 11th 12th 14th Ward Church, the area where Nile Boyle lives, and the Widdison Addition are no longer used as farmland. The highway is also taking out part of the farmland, so not as much water is needed for farmland. We don't want to do anything to hurt the farmers. The city will have to pay $15,000 to improve the ditch and for the waste water ditch. The city has valuable water and it is costly to maintain the ditch. The people on the Teton Pipeline are not strangers, they are all local people and do a lot of business in Rexburg. If we supply water to farmers we should pay only half to maintain the ditch and they should pay the other half. Jim Morris questioned if the Rexburg Irrigation Company would be satisified with the Water that Tim Parkinson had plus that from the drainage from the sewer. Mayor Porter presented a letter from Earl Hoopes, of Teton Pipeline Asso- ciation. Rexburg Irrigation Association and the Teton Pipeline Association had a meeting and made the following proposal: 1. That the 14 CFS of irrigation water be divided into 3 equal parts; 2. That the Rexburg Irrigation Company lease 1/3 of the water; 3. That Mr. Parkinson lease 1/3 of the water; 4. That the Teton Pipeline Association lease the remainin1/3 of the water; and \ 5. In the event that another source of water could be secured by Mr. Parkinson, his 1/3 share would be added to the lease of the Teton Pipeline Association. March 24, 1981 PROPOSAL City Council Rexburg, Idaho INASMUCH as there exists a public need, it is hereby proposed that no less than one (1) parking space in each block of the Main Street of the City of Rexburg and no less than one (1) parking space on each city block lying first off of Main Street in each district, be reserved by sign for handicapped persons operating motor vehicles. It is further proposed that these parking spaces be provided free of any charge to qualifying occupants on the condition they rpovide patrol officers with their car license number, or other acceptable identification of the vehicle parked in these reserved spaces. The need is evident, particularly for the people employed in the various businesses in town who now have to walk unreasonable distances from their vehicles to their place of employment, or to transact their business. During winter months and storm periods danger and discomfort is especially high for these individuals. Sincerely, Kenneth G. Nickell 2nd Vice President Valley Bank April 6, 1981 John'C. Porter, Mayor City of Rexburg Rexburg City Hall Rexburg, Idaho 83440 Nile Boyle, President Rexburg City Council Rexburg City Hall Rexburg, Idaho 83440 Re: 14 CFS of Irrigation Water Dear Mayor and Members of the City Council: At a meeting of the City Council held several months ago, a discussion was entered into regarding the leasing of 14 CFS of irrigation water owned by the City with an 1883 decree. At that meeting no :agreement acceptable to all interested parties could be reached. Mayor Porter suggested that the 3 interested parties meet with Mr. Carlson of the Water Resource Board to try.and arrive at some acceptable solution. A meeting was subsequentlyheld with Mr. Carlson` and all interested parties and Mr. Carlson of the Water Resource Board made the following proposal: 1. That the 14 CFS of irrigation water be divided into 3 -equal parts; 2. That the Rexburg Irrigation Company lease 1/3 of that water; 3. That Mr. Parkinson lease 1/3 of that water; 4. That the Teton Pipeline Association lease the remaining 1/3 of that water; and 5. In the event that another source of water could be secured by Mr. Parkinson, his 1/3 share would be added to the lease of the Teton Pipeline Association. This solution was discussed and agreed to by all parties. It was to be presented to the City Council at a future meeting. Since that agreement was reached, Mr. Parkinson s has secured his water needs from another source. Pursuant tothe terms of the agreement reached with the other interested parties, please consider this letter a firm offer to lease the 9.34 CFS (2/3rds of the 14 CFS) on a 5 year lease for $17,243.05 with equal annual payments of $3,448.61. In the event the council will not accept the proposed lease, the Teton Pipeline Association would provide a firm offer for all 14 CFS for a 5 year lease for $25,846.10 in annual equal payments of $5,169.22. If this figure is not satisfactory, the Teton Pipeling Association would be willing to negotiate with the City as to price, participation in sealed bids, or any other form of compensation that would be acceptable to the City. Because of the critical need of water in the Teton Pipeline Association, should any additional water become available for lease from the City, we would be interested in :leasing that water on terms similar to that proposed above. We have appreciated working with you in the past concerning this water and we are in hopes that a lease can be worked out in the future. Thank you very much for your consideration. Sincerely Yours, R nnie A rd President Teton Pipeline Assoc. RA/jaj 2453a i t LAW OFFICES k RIBBY. THATCHER, ANDRUS. BARTON & WALTERS,,tid 25 NORTH SECOND EAST P. O. BOX 250 - REXBURO. IDAHO 83440 RAY W. RIGBY - OORDON S. T11ATCHER C:. RICH ANDRLJS BRECK H. BARTON - W. JFFFRF..Y WALTERS JERRY R. RIGBY ' rr:E,t�,rrrc>r.t:•: t�,cJtir 3ciri-a<rati April 20, 1981 Honorable John Porter Mayor of the City of Rexburg City Hall Rexburg, Idaho 83440 Earl Kemp Forsgren, Perkins & Associates 350 North -Second East Rexburg, Idaho 83440 Burggra'f Construction Co. 1840 South Yellowstone Highway Idaho Falls, Idaho 83401 Reed J. Larson` 138 Aries Rexburg, Idaho 83440 Dell Burkhalter Idaho Transportation Department Division of Highways District Office South Yellowstone Highway Rigby, Idaho 83442 Re: Lateral Ditch of Dale Steiner and John D. Walker Gentlemen: This office represents John`�D. Walker and Dale Steiner, both of Route 4 Rexburg, Idaho 83440, and this letter concerns the align- ment of a certain lateral irrigation ditch in connection with the new highway west of Rexburg. Mr. Steiner and Mr. Walker are share holders in Rexburg Irrigation Company and heretofore their lateral ditch extended from within the City of Rexburg directly,west through the Starlite and/or Parkview Estate subdivisions to the northeast corner of Mr. Steiner's property and on westerly along the south side of the Walker property. Y Page 2 April 21, 1981 At first it was proposed that a new lateral ditch be constructed which would head on the Rexburg Irrigation Canal in its new align- ment on the north side of the Widdison Addition, but for various reasons that plan was changed because the water could not be delivered to the Steiner and Walker properties in an acceptable manner. Therefore, the original alignment of the lateral ditch underneath the newly constructed access road along the east side of the freeway was agreed upon by the parties. In other words, there. would be no change. Nevertheless, Mr. Steiner observed that the contractor was about to place a culvert under the access road at a point approximately one rod south of the old course line. He tried desperately to try to get the workmen to check with Mr. Kemp and with the City, advising them that that was not the location of the old ditch nor where the parties had agreed the culvert was to be placed. The workmen refused to wait or to check on it and proceeded to install the cul- vert and now none of the parties are willing to accept any respons- ibility for changing it to its proper location. Please be advised that Mr. Steiner and Mr. Walker do not have an easement nor do they think anyone has an easement to extend the lateral ditch to the south on any private property belonging to Reed Larson nor does anyone have any easement from Mr. Steiner to bring that ditch back from the point that it emerges from under the road right-of-way to the north to the older lateral ditch line. We are aware of the claim that the ditch can be constructed toally on high- way right-of-way, but an examination of that location would indicate that it is impossible for that lateral ditch to be constructed ado- quately on the right-of-way available, either as it runs south or as it runs north to the old line. No one has obtained authority from Mr. Steiner and Mr. Walker to change the course of their lateral ditch and, as of now, their ditch terminates on the east side of the access road. Crops will need to be water and the ditch must be in service immediately. Unquestionably the new course line for this ditch would impede the flow of their water, not deliver their water to the same point on the west side of the access road in the same manner that it has been delivered heretofore, and with the extra curves in the ditch, it will gather rubbish and be more difficult to maintain, and of course, will extend the length of the ditch for maintenance purposes. To deprive Mr. Steiner and Mr. Walker of a straight ditch denies them property rights in violation of the law and without just compensation. .v Page 3 April 21, 1981 A mistake has been made. Maybe there was a lack of communication between Mr. Kemp, the Highway Department and the contractor,'but in any event, Mr. Steiner and Mr. Walker refuse to accept the ditch in its present condition and I've been asked to obtain a writ of man- date requiring construction of the lateral ditch in its original state and alignment unless this matter is resolved within five days of the date of receipt of this letter. Please advise. Feel free to contact Mr. Steiner, Mr. Walker or this office. Yours very truly, . r Ray Rigby RWR:pae cc: This was discussed and agreed by all parties, but now Rexburg Irrigation is trying to back out of the agreement. (copy attached) Norris Reese said that he had visited with Earl Hoopes about this and he thought the city should (1) Not give up the water, (2) Remember the water belongs to the city, (3) All lease agreements should pay for ditch maintenance, it should not cost the taxpayers anything. Mayor Porter suggested that we find out how much water they are using and write up a contract that we will furnish that much and put it on a 5 year basis. Jim Morris ask City Attorney, Mary Smith what her advise would be to the length of time for drawing up a lease for water would be. Mary explained how the Fremont Madison Irrigation lease water, and that they have a water pool. They only lease water for one year. She said that she thought it would be to the City's advantage to lease water from year to year, and draw up the leases April of each year. We want to be careful so the State doesn't come in and try to take our water. Mayor Porter said that an Elders Quorum had contacted him and wanted to use irrigation water to water the inside of a block for a big garden. He had suggested that they hook on to a 1" water line and use the water. He said that we should think into the future to let areas like that and possibly Ricks Palmer Subdivision and Millhollow Meadows use the irrigation water for gardens. Teton Pipeline water 8000 acreas. Jim Morris suggested that we find out how much water is being used at the present time and the amount of water left give to the Rexburg Irrigation Company. We will have to have compensation for the water and maintenance of the ditch. The lease would be made on a yearly basis with stipulations it it. This water could be very valuable to the city someday. Mary Smith said that the agreement should be subject to cancellation after each season. Jim Morris said that the Irrigation Association had now opened a can of worms and put us on guard to protect our water. Mayor Porter said that the new waste ditch could dump into either the canal or river. Dell Palmer was in the city hall to discuss the irrigation water with him. He told the mayor that the ditch is always running full, so the irrigation company had 30% of the farmers water which is being dumped into the canal. Norris Reese said that we should be on guard because sometimes if you have a lease for a long period of time, and go to court to determine ownership you find out you don't own the property anymore. If a lease is made for more than one year it would be admitting that the water belongs to the city. Mary Smith suggested that with the state breathing down our neck, we need to show that we are going to use the water. She suggested that we have the engineers work out a plan to use the water. The council said thay wanted checks to be exchanged by both parties, and to have all parties leasing water come in and give them the plans for leasing water. Mayor Porter said that he had met with Mr. Walker and Mr. Steiner, they were upset because the culvert had been moved and they were not pleased with the trench that had been dug. They want us to dig the culvert up and put it back where it was. Nile Boyle discussed the purchase of the Sorenson Property for Parking Lot and told the council that it would be to the city's advantage to purchase the property from Brunsons. Mary Smith told the council that Lou Davidson had consented to sell her property for parking for $15,925. Mayor Porter said that if we buy the Brunson property we will not be able to afford the Davidson property. 0 C�� May John C. Porter City Clerk se Bagley