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HomeMy WebLinkAbout1988.07.06 CITY COUNCIL MINUTES/ E~L."r MINUTES OF THE CITY COUNCIL MEETING July 6 1988 C State of Idaho) County of Madisonf City of Rexburg} A meeting of the City Council for the City of Rexburg, Madison county, held July 6, 1988, at the City Hall. Present were the following: Mayor: John C Porter Councilmembers: Also Present: Nile Boyle Glen Pond Bruce Sutherland Darlene Blackburn Bruce Casper Mary Smith, City Attorney Rose Bagley, City Glerk A motion was made by Darlene Blackburn and seconded by Bruce Casper to approve the minutes. All Aye. RE: REQUEST TO RE-ZONE 309 SOUTH 5TH WEST The Mayor read a request from Gaylen Gneiting at 309 South 5th West to re-zone his property and the area where Kingdom Hall use to be on South 5th West from R3 to Commercial. Glen Pond told the council the Planning & Zoning had recommended the zone change. A motion was made by Glen Pond and seconded by Bruce Sutherland to approve and set up a date for a Public Hearing. All Aye. RE: INTERNATIONAL STREET FESTIVAL Mayor Porter handed out a map drawn by Donna Benfield. Donna explained on the 30th of July in conjunction with the dance festival. It will be called the 1st International Street Festival. There will be activities all day. It is sponsored by the Chamber of Commerce and the Shop Rexburg committee. The merchants are involved from 10:00 A.M. to 5:00 P.M. There will be a festival procession from the Snow Building down Center Street onto Main and ending up at the Idaho First National Bank. They would like to block off one section of Center street from Main to Carlson Ave. There will be food booths, concessions and games in the Gringo's Parking lot. Across the street by Anderson Photo there will be a section roped off the dancers to dance and also in the Idaho First National Bank Parking Lot. Arts and Crafts are also planned. The eleven countries are each going to put up a booth. The merchants will have a sidewalk sale at the same time. The Fireman have chosen that day to have their 5:00 P.M. to 9:00 P.M. dinner. Wayne Holladay at the Gallaria would like to have a street dance for the City starting at 9:00 P.M. to 10:30 P.M. A street dance on College Ave with no charge to the citizens. At 10:30 P.M. he would close that off and go inside. the theatre will let the public use their restrooms. They would like some cones blocking off the parking lot at the First National Bank. They would like to set up booths along the sidewalk between Inkleys and Kings. The Blackfoot Fair said we could use their tram. She ask if they could use some bleachers and maybe some tables. The mayor told her that they should check with the businesses along College Ave and Center, and get them to go along with the closing of the streets. If they say it is okay it would be okay with the city. The mayor told there that we have had a problem with street dances, although this one will be in the downtown area and will be a special occasion. If they keep it from 9:00 P.M. to 10:30 P.M. and keep the 1 `~~~° music down there should be no problem. The council said if it is a one time thing and they keep the music down they would ga along with it. Gale Harding is going to auction at the different businesses. The council endorsed the plan if they get the okay from the merchants. RE: MAYOR READ BEER LICENSES Mayor Porter read a beer License for K & R Bowling Lanes for consumption of beer on the premises. A motion was made by Darlene Blackburn and seconded by Nile Boyle to approve the beer license. Those Voting Aye: Abstained: Nile Boyle Glen Pond Bruce Sutherland Darlene Blackburn Bruce Casper RE: DISCUSSION ABOUT ESTABLISHING SKATEBOARD COURT Mayor Porter told the council there was a couple of young fellows into see him during the week who wanted the city to establish a skate board court. The council felt that it would be quite a liability. The mayor told them to think about it. RE: UPPER VALLEY INDUSTRIES OPEN HOUSE-REQUEST ROAD BLOCKS Curtis Clawson and Cory Bonnard with Upper Valley Industries were at he council meeting. On August 20 they are planning their first annual barbecue and open house. The purpose is two fold, one to develop revenue as well as an open house involve the public with what Upper Valley Industries does. They would like to close off the west bound lanes of East Main Street from 10:00 A.M. to 7:00 P.M. between 2nd and 3rd East. The are looking at having an out door barbecue. They would like to barricade off the first island and set up tables and chairs. We would leave the east bound lanes open so there would be direct access to the hospital. Another thing they are looking at is having helicopter rides offered as one of the events. To do this they would have to utilize the helicopter pad at the old hospital. Chief Siepert suggested closing both lanes on the north side for west bound traffic, and have two lane traffic on the south side. The council discussed if it would be a good idea to have two way traffic or to divert the west bound traffic around the block. The mayor said it is wide enough for two way traffic if there was no parking along the street. Nile Boyle felt if would be better to have the traffic go around the clock for the west bound traffic. The Park Place apartment enter from Ricks Ave and exit on to Main, but they could go on over to Harvard. The council did not think there would be a problem. The mayor told them they would have to check with the hospital and county on the helicopter. Cory Bonnard told the council that the Upper Valley Industries started one year ago. It is a new business of economic development. Over 90~ of Upper Valley Industries purchases have been and continue to be from local sources. They have 7 staff persons, 3 of which themselves are disabled, all of whom are residents of the Upper Valley. We have provided jobs to 42 disabled citizens. It has generated over $241,000 in revenue. The 42 citizens have earned over $50,000 in wages. He reviewed the things they manufacture. Because many of the employees can't drive they are in need of some sort of public transportation. There is a need for housing as well. Upper Valley Industries needs a computer system; they need a flat bed truck; and a $4,000 chain link fence. They need the community and their employers to understand the capabilities of the disabled individual. They need to purchase some property directly behind the building. They ask the mayor about grants available. When they need equipment could they go through some of the county purchasing programs out of the state. The mayor told him the 1 f~ I~/.=~ city buys though the state surplus. If you will let us know what you want and we can look for something like that. As a school you can get registered so you can buy from them. If you will talk to Jeff Sommers, he will tell you about grants. Glen Pond ask them about the pallets in back and ask if the chain link fence would enclose the pallets to clean it up a little. They said it was and they would like to fix it so the pallets were not visible form the street. RE: SKATEBOARD COURT DISCUSSED Curtis Clawson said he would like to talk about the skate board court. He said as far as the liability, the city is not as liable as the slide at the park. The kids now are riding down gutters, on other people's property and causing damage. If they had a place to go they might be safer. There is even more liability in a swing set. RE: CONCERNING THE STRIPING ON VIKING DRIVE Bruce Sutherland said he had talked to Farrell concerning the striping Viking Drive. He thought when we deeded that lst East Street over part of the stipulation was that they strip that street parallel. That is what the safety committee recommended. The mayor said he thought we said we would go along with the safety committee recommendations and strip it with parallel parking. Glen Pond said he did not remember that. Nile Boyle said he didn't think it mattered. The college would rather have diagonal. The City Clerk was instructed to check the minutes. Nile Boyle said if it isn't in the minutes how does the council feel. It is nice to have more parking places up there. Bruce said in the winter there is a safety concern. RE: RESURFACING 350 SOUTH STREET/ENLARGING WATERLINE ON 3RD EAST The mayor told the council up around the East Stake .Center, 350 South street has really deteriorated. He had told Farrell to get in touch with H & K and have them come up and let them see how much they would re-surface it for. The water department wants to enlarge the water line on 3rd East Between 1st North and 2nd North. It is just 1 1/2" line and they decided to do it up and put a larger line in. So there would be a street to patch there. When that man from H & K gets here the mayor suggested that Bruce Sutherland and Farrell go around with him and see what we can do. RE: CHUCK PORTER ASKED TO CUT CEMENT & PLANT TREES IN FRONT OF STORE Chuck Porter wants to plant some trees in front of his store. He wants to cut a circle out of the cement and plant some of those trees. He wants to put some at the back. He will water them and take care of them. There was no objection. RE: THE MAYOR REPORTED ON 2ND EAST PROJECT The mayor reported on the 2nd East project. He had met with Darrell Neville. We came to an agreement and he wanted to have the frontage of 25 feet. The engineers are drawing up the plans for a narrower strip. We would still be getting an acre but it would be longer and narrower. He wanted to make sure that the detention pond would not be unsightly. The mayor had a letter to send to Mr. Neville (copy attached) The council discussed the south section. The mayor said they go up once a week and grade it. Bruce Sutherland ask about the Stop Light. Mayor Porter said he thought they will do it as part of this resurfacing project. ~~~: RE: 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 35~. 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 CANAL 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. 1~ ~' Mayor Porter said he disagreed, the city owns 14 shares in the Rexburg Irrigation. 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. De11 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 19b6 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 not 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 headgate 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 ~v~`J 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 Irrigatton 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 ~~~ ~I l~ 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 ~~ ~~ Rose gley, Ci~ le~~-- C. Joh Porter, Mayor Re~ ~L~ ® ~~~C~~d~° y 9 STATE OF IDAHO JOHN G PORTER MAYOR ROSE BAGLEY, aJCRu RK',tIARD HORNER. tnEtiwnen CRV COUNCIL MEMBERS: NRP BOYLE. COUNCL PRESGENT DARLENE BLACKBURN MORGAN GARNER SANDER CARSON JIM MORRIS GLEN FOND Mr. Darrell Neville 945 North 2000 West Rexburg, ID 83440 Re: N-7796(001) Rexburg 2nd East Dear Darrell: July 5, 1988 12 NORTH CENTER 5T. PFIONE f206> 359.3020 REXBURG. IDAHO 83440 This will confirm my conversation with you on June 30, 1988. You had several concerns regarding the maintenance of the proposed detention pond to be constructed on your property. This is to assure you that the City will maintain the detention pond in a pleasing and acceptable manner. Maintenance items shall include: 1. Plant a dryland grass in the detention area. 2. Maintain the grass so it becomes well established and weeds do not grow. The weeds will be sprayed for a period of time until the grass is established. 3. The grass will be mowed as needed by adjacent development so the area is maintained in a pleasing and uniform appearance. 4. If normal snow and rainfall does not provide adequate moisture for the grass, provision will be made to sprinkle the area. 5. A ramp spillway will be constructed on the south end of the detention basin. This will provide an emergency overflow for the detention basin and access for City equipment to remove silt in the bottom of the detention pond if it is required. 6. Repairs will be made to the grass surface if the City equipment does any damage during the silt removal operations. Your help in this matter is appreciated. Sincerely, ~ `'~"'l C John Porter, Mayor City of Rexburg u u • L_J J x ~ ~ i (, o ~ ~- ~ ' ~_ :i ~ ~ 1 ~ ~ ~ , ~,~' r ~ ~ ~ I ~ r+c~ ~ ^ ~ ~ 1-~- - _ ~Gt~ ~ ?. .,,«r r r ~ ~~ __ _ __ _ __~r._~) FtiTuc~/I Y~ ~ ~ ~ , ~..~ ~ ~ '~ 7'`. 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