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HomeMy WebLinkAbout1994.03.16 CITY COUNCIL MINUTESCity Council 3/16/94 7:30 P. M. State of Idaho) County of Madison( ss City of Rexburg) Present were the following: Glen Pond Jim Flamm Kay Beck Bruce Sutherland Farrell Young Excused: Nile Fullmer City Clerk: Rose Bagley Attorney: J. D. Hancock Pledge to the flag. Introduction of scouts. A motion was made by Glen Pond and seconded by Kay Beck to approve the minutes. All Aye. RE: SPRING CLEAN UP DATES SET The mayor discussed the city clean-up to pick up yard waste at no charge. The mayor stated that one problem is if they cut a whole tree and expect the city to haul it free of charge. It was decided that we can haul tree limbs, but not a whole tree. A motion was made by Bruce Sutherland and seconded by Glen Pond to set the date for city clean-up from April 1 to May 31. All Aye RE: OKAY GIVEN FOR THE CLOSING OF MAIN STREET FOR DANCE FESTIVAL ON JULY 30TH Steve Zollinger representing the International Dance Festival was at the meeting (giving a handout, attached). They have set aside one day for a Street Festival. They have used both sides of Main Street for booths, closed Center Street and College Ave for traffic. Concerns that have come up this year are with the liability of having booths on both sides of Main Street and people cutting back and forth across Main Street and the overall effectiveness of having people walking up and down the side streets. Because he had been given the responsibility of the street festival for this year, he had made inquiries into closing Main Street for the whole day. He had checked with the State Department and they had no problem with closing Main Street for the entire day, the Emergency Services were all contacted indicated it would be no problem for them, the merchants on Main Street had no problem with us closing Main Street. The mayor asked if they planned on closing Center Street? Steve said they planned on closing small portions of the street and it would not be a through street and it would not interfere with the Fire Department. The State Department felt Main Street should be closed from 2nd East to 2nd West, but the committee does not want to do that and cut off the local traffic in front of Broulims and Food Center. A motion was made by Bruce Sutherland considering that if the Merchants are not opposed to it and they have had approval from the Idaho Transportation Department, that we close Main Street from the regular time for closing a street for a parade to 6:00 P. M. on July 30, seconded by Kay Beck. All Aye RE: EXPLANATION AND DISCUSSION OF WATER ISSUE IN IDAHO Richard Smith was at the meeting to give a short explanation of what the Water Issue is and tell the council how it impacts the cities of the State of Idaho and have the council make some decisions tonight on how they want to react to what is happening. He would give the council a short history of this issue starting in 1988 and 1989 when the Twin Falls Canal Companies and the North Side Canal Companies from the lower valley filed petitions with the Department of Water Resources saying ~ f ~f .w they were not getting their full water right established and believe that the ground water depletions are affecting stream flows therefore they wanted the Water Resources to make a ruling that there would be conjunctive management and they also wanted a moratorium on any new ground developments and also inclusion of all the ground water pumpers in Water District #1. Water District #1 covers a large area from east of Twin Falls all the way up to Ashton and has regulated all the surface irrigation rights in Eastern Idaho. It is the largest irrigation district in Idaho and manages most of the water in Eastern Idaho. That concerned the ground water irrigators at that time, because they had developed their irrigation systems based on Statue and rules that did not require any conjunctive management of surface and ground water rights and they opposed those petitions. At that time the attorney for North Side Twin Falls recognized what a mistake it was to include cities and industry, so he exempted them out of the petitions. The irrigators fought the petitions and they withdrew the petitions. A year later they went to the Legislators but they did not act on it. A year later they prepared a law suit to file with the district court, but did not file it. In 1993 a man named Musser from Thousand Springs area complained that he was not receiving his full water right and ask the Water Resources to shut off up stream users, but they did not respond to the call. He took it to another court and the court ruled he was entitled to have a response to his call and issued a rite of man date that they should develope rules and deliver water to him or shut off pumps. The court felt that it was an improper ruling and appealed the case to the Idaho Supreme Court at the same time and because there was a rite of mandate they went forward to develope rules to respond to these calls. Richard felt these rules were fair, but in the Magic Valley they feel the rules are not fair. The Supreme Court made a final ruling and the Department of Water Resources sent out a notice to all pumpers in Eastern Idaho that there is a good chance that they would not be turning their wells on this spring and summer unless this issue is resolved. The Upper Valley Irrigators Association consisted of ground water pumpers from Blackfoot north, found themselves coming together to share some costs that are being generated now to overcome this problem. Richard was at the meeting to explain the issues to the council and ask for their support of their organization, Idaho Ground Water Users Association. They have hired attorneys and expert witnesses to talk about the studies they have conducted. Jim Flamm asked if we still own any water rights in the canal. The mayor told him we have rights in the Teton Island Canal and the Rexburg Canal. We lease our water out. Richard said why this applies to Municipalities this time and not last time, was last time we had a private entity that was basically aiming at all the pumpers and they chose to drop out municipalities. This time we have a supreme court ruling that says all wells subsequent to 1951. Domestic wells are those that pump 13,000 gallons per day or less. All other wells are considered industrial, commercial, municipal, or agricultural. All of those will be included in this potential curtailment. The two issues the city might face as part of the rules say if you are a junior ground pumper and your affecting stream flows then we are going to continue to allow you to have pumping activity if you enter into some sort of mitigation plan. If in fact the diversion from Rexburg Bench and the Rexburg City Well only impacts the lower valley ten percent of its diversion over a 24 year period then we should only be required to mitigate 10 percent of what we divert. We also should have twenty or thirty years to make sure that impact is mitigated. It should be based upon the percentage of impact. As a practical and political matter you are probably not going to be required to shut the wells off but you will probably be looking at some sort of mitigation plan. It is going to be important for the City of Rexburg or the City of Idaho Falls to participate in a mitigation plan, it has got to be fair and only have to mitigate that amount of damage we create. The other option, worse case scenario, that they did shut off every well in Eastern Idaho there is no doubt the city of Rexburg has the ~i power and in a couple of days, J. D. would be in court and condemning a farm close by and taking the water rights to run our wells. That would be expensive, because you would have to buy the farm. Richard said his group is moving ahead and plan to prepare testimony and present the testimony next week at the public hearings. They are filing briefs with the Supreme Court to petition for a hearing, as well as filing briefs with the Department right now convincing them they should not back off of this rule making process. That the rules they have are still acceptable. They are trying to raise money and support. They would like to encourage the City to take a look at it and make a financial commitment to them to help them pay the attorney fees and extra witness costs to accomplish these goals and ask the city for their support and endorsement. Richard stated one thing that is being presented to the Legislature is that an artificial recharge program will be conducted over the next two years. The mayor stated that there was no doubt that we need to take a stand and municipalities are not exempt. Richard stated that they would hope the city could give a financial contribution of about $4000 or $5000 or if they could make any contribution it would be greatly appreciated. By attending the meetings and seeing things unfold the council can see the impact this will have on the City of Rexburg. A motion was made by Glen Pond to support it and turn it to the finance committee to see what funds are available and let them make a decision. Seconded by Kay Beck. Richard said it would be appreciated if someone from the city could go down and testify or they would speak in the cities behalf. The council felt it would be wise to have them speak in our behalf. Farrell felt we should have them represent us also with their facts and figures and knowledge of the situation. Council all voting aye to the motion. The mayor told him there would be some financial support. RE: DISCUSSION OF COST OF WATER SUPPLY TO SOLID WASTE TRANSFER STATION John Millar explained (copy attached) we have been working with the city and county commissioners in trying to develope a water supply that would give fire protection to the new Solid Waste Transfer Station. At the present time the nearest water we have in the city with sufficient capacity out that far is the line on 5th West. In conjunction with this, the new motel is going out on West Main by the Interchange and they are looking at extending the line to them from 5th West to provide them with fire protection. This will get the water line to the intersection by the golf course but it still leaves about 4000 feet of water line to get water for fire protection to the Solid Waste Transfer Station. The land on the east side is all owned jointly by the City County Airport and on the West side by several private individuals. Putting together an estimate to tie onto the line that will be extended by the developer of the motel complex and tieing onto that line with a 10" and stepping down to an 8" line to provide 1500 gal per minute. The cost would be about $100,000 and $110,000 so we need to develope a financial plan. Dave Rasmussen, County Commissioner, explained the cost being $100,000 to $110,000 they figure $10,000 was in gravel fill back into trenches and black topping where it was dug up by the golf course and by the airport. We would have to bore under the highway which would cost $10,000 to $12,000 which was included in the cost. $10,000 of it could be off set with work the county could do. Included is some hydrants and valves that could be added later, and they figured they could eliminate about $10,000 reducing it down to about $100,000. The city's cost for the oversized line would be about $15,000. If we could get Kay Baker to go in, with the frontage that he has and the 2 inch valves that he would need, his cost would be approximately $12,000. The 1' ~'? Airport Board has agreed to pay $5000 and the Golf Board has agreed to pay $1000. That would leave about $65,000 or if Kay Baker does not come in, it would be about $72,000. The reason he was at the council was to determine what to do with the balance of the line. If the residents along the west of the golf course and airport eventually want to hook onto the line their cost would be about $44,000. The county feel they can put in about $50,000. The question they have is if the council would have an interest in participating with the cost since the line will be in the city. The mayor explained that the money would be recovered when the land developes, but that could be in five years or longer, and their hookup fees would go to whoever puts the line in. We are obligated according to our statue to pay for the oversized pipe, if we want it out there. We would need to have a pre-hookup agreement, so a lot of the costs we would get back. Dave said the main criteria they are looking at is fire protection. The mayor said where we are now is if the county puts in $50,000, city puts in $17,000, the airport puts in $5000 and the golf course puts in $1000, you would be at $73,000. You will have about $27,000 that needs to be put in by someone with the hopes of getting it back when the land is developed. Jim Flamm suggested that we find ways for long term project. The mayor said the water line fund is one money and there is about $100,000 in it right now. oversize line to the motel and then to this, and ha~ would be in trouble. This is a dedicated fund that water depreciation fund. funding on the area we have some If we pay the ~e a line break, we comes from the Dave said they are in a position that they need water there as quickly as possible. If we have to fund the whole thing, we will have to fund the whole thing. The water line will be in the city limits. The best way of cutting the cost would be if Kay Baker came in. Nile said if Kay Baker comes in and wants to be hooked on water, he probably won't want to be annexed. The council talked earlier about not running city water outside of the city anymore. He also did not know if his trailer court would meet the requirements of a trailer court in the city or not. Dave said we do have potential for a fire at the transfer station, if someone brings in hot ashes. Glen Pond asked if the county ends up paying the whole cost, will you assess the cost so it will go back to the users. Dave said they would need to finance it over a period of time. All costs would have to be passed on. Once they get on line and find the cost to handle solid waste then they can come up with a fair formula. They want to charge everyone a minimal solid waste fee. The mayor stated that the bottom line is there is about $30,000 that will have to be paid by either the city or the county that would be reimbursed if and when that property is developed. RE: RECYCLING The mayor stated that we need to make a push to draw all of the yard waste out. Dave asked the city to do what ever they can for recycling, because solid waste will be costing from $40 to $45 a ton. (discussion) The county plans to open another landfill for yard waste. The mayor told Dave the council would take it under advisement and get back with the county on it. RE: OKAY GIVEN TO UPDATE THE TABERNACLE CIVIC CENTER Farrell Young discussed that at the last council meeting the Ricks College Class came with plans and a presentation on what it would take to update the Tabernacle Civic Center to meet A.D.A. specifications. That same group made a presentation to the Tabernacle Committee. The Tabernacle Committee is anxious to do everything necessary to keep that building functional and open to the public. They have prioritized several things including the front steps, roof and the A.D.A. compliance. They have already put some gears in motion to raise some funds and get some volunteer help. He felt the council should either give them the go ahead to raise the money and put it into the building or tell them to back off and not do it. The roof is number one and that will be about $30,000. The mayor said they had thought about buying the shingles and having Blair Manwaring supervise and have the work camp do the roofing. President Bennion has given direction at a Regional Meeting that every stake will refinish so many benches per stake. The concern is the city willing to operate that building in the Red? Can the tabernacle committee have permission to go ahead and continue their fund raising projects to restore that building to meet its specifications with the A.D.A? The mayor asked John Millar when we could get another Block Grant? We could piggy back the A.D.A. onto a Block Grant. We could get the full A.D.A. compliance on a Block Grant. John told the mayor the next time to apply is in November. Rose stated the A.D.A. committee recommended the Chair Lift for the tabernacle. The mayor said we would work on a grant and put everything in it to comply with the A.D.A. A motion was made by Farrell Young that we continue to support the Tabernacle Committee in its efforts to maintain the tabernacle as a viable functional building because it is being well used and to proceed immediately with the roofing. Seconded by Kay Beck. All Aye RE: LOT SIZE AND SIDE YARDS The mayor discussed the lot size and side yard as required by our zoning ordinance. Possible the P & Z needs to discuss changing that or adding another zone with a smaller lot size and side yard. A motion was made by Jim Flamm to pay the bills and seconded by Kay Beck. All aye Meeting adjourned. Mayor, Nil L. Boyle City Clerk, Ros agl r~ s~ q STATE OF IDAHO 41 , . r ~ _ 1 e(/$NEO • NILE L. BOIfLE P.O. BOX 280 12 NORTN CENTER STREET MAYOR REXBURO,IOANO 83110 ROSE BAOLEY, CITY CLERK PNONE (208) 359.3020 RICHARD NORNER, TREASURER FAX (208) 359.3022 b fINANCIAI OFfICER March 16, 1994 To: Mayor Nile Boyle From: Joe Laird, City Engineer / Building Inspection Subject: Extending City water to Solid Waste Transfer Station The attached Figure A chows the proposed waterline running northerly along the east side of Airport Road from the new motel site south of Main Street up to the county's waste transfer station. It is proposed that the waterline be 10" diameter from point E to point B (2700 linear feet), then 8" diameter from point B to point A (1500 linear feet). There would be 7 fire hydrants at approximately 600 feet intervals. The attached Exhibit 8 is Forsgren Associates cost estimate for the project. The cost of items 4 thru 9 add #30,150 to the project. $30,150 / 4200 (project length) _ $7.18 / linear feet for these items. Therefore, the linear foot costa of a 6,8, &. 10" waterline would be as follows: Pipe Exc & BKFL F H. & xings 12~ engr. total 6"line $ 8.30 + $4.00 + $7.17 + $2.34 = $21.81LF 8"line $10.50 + $4.00 + $7.17 + $2.60 = $24.27LF 10"line $13.00 + $4.00 + $7.17 + $2.90 = $27.07LF Increased Line Size Coate: The City's share of cost for increased line size would be: 8" $24.27. - (6") $21.81 = $2.46 x 1500' _ $ 3,690 10" $27.07 - (6") $21.81 = $5.26 x 2700' _ $14,202 Total Coet Increased Line Size = $17,892 Adjacent Property Owners Costs: The adjacent property owners (with property on the west aide of Airport Rd.) would be responsible for 1/2 the cost of a 6" line. 1/2 of $21.81 e X10.91 ,~ L.F. Therefore, the City or county could, eventually, recoup $10.91 /L.F. _ $45,822 from these property owners at such time as they wanted to hook up to the waterline. Airn~ort & Golf Course It is expected that the airport and golf course will contribute $5,000 + $1,000 $6,000 Remaining Project Cost Total Project Cost --------------'"----- $109,536 City Share for Increased Line Size ---- 17,892 Airport & Golf Course ----------------- 6,000 Adjacent Property Owners -------------- 45,822 (At some future date) Remaining Project Coat ----------- $ 39,822 ----------------------------------- questions: The 2 remaining questions of course, are: 1. Who pays the remaining project cost of $39,822? 2. Who provides the interim financing for the adjacent property owners share of $45,822? ~ ~ ~~ j ~i ~~ I 1 ~ _ ' I^ ~r.. 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L x~ac~rs.r.o..~ ~ ~.9~c,ca.~` L.F x(200 ~ `O /6, 800 c,,[ ~sPx1~4~r a~x~zTr `~ c-~i~-i2 s Y l'SO ~ y oo Z/ 0 0 •rj, ~c../~s.S G Sf~rcc.~ ~~P ._ ~ GY 30 z5 /Z `~~ ~o . ~ 2 ~ M Y~O/L/~ n.t rs L A 7 '~'/ ~ Op /~ Z OD 7 1lA~v~s ~'~ E'A y ~ 65o z~ oa g, ,D era N G2ess~~~ _=A Z ~ 500 /DOO `~. b-{~G.NwaY C,zosS~~~ Lg ~ ~ /2,000 !2,000 -r-o-n4 c. ~ ~'7,' Bab . ~NGsi/~C~2~•~./G ~ Cdr Ttr/C~stcT/ /Z le //~ 73G ~ ys-~ `pp , Do 0 ~~ d ~ . ~ o ~ ~y ~~y C J° ~ °~ G ~ INTERNATIONAL DANCE FESTIVAL STREE'T' FESTIVAL--JULY 30th Requested Street Closure OBJECTIVE: To obtain a suitable site for the Street Festival, held in conjunctiorr with the International Dance Festival, which site should be both large enough, and safe enough to afford those in attendance an enjoyable time, while providing the Rexburg area residents with the greatest benefit from the influx of visitors. FACTORS: In choosing the area which would best meet the objectives of the Street Festival, the following factors were considered, and researched: 1. Impact on merchants along the streets closed. 2. Impact on the traffic flow in downtown. 3. Impact on emergency response vehicles. 4. Safety of pedestrians at the Street Festival. 5. Ability of personnel to close streets completely. 6. Crowd accessibility to closed streets. RESULTS: The following results were obtained in researching the above factors: 1. An overwhelming majority of tt~e Downtown Area Merchants were unopposed to closing the contemplated streets in front of their respective businesses. 2. In contacting the Idaho Department of Transportation, and the Rexburg Police Department, the feeling was that closure of an of the contemplated downtown streets could be accomplished without difficulty. 3. None of the emergency response personnel contacted felt that the impact on their services would be significant with any closure contemplated. 4. All parties consulted, and those participating directly in the Street Festival felt that pedestrian safety would best be accomplished by having no cars in the vicinity of the craft booths or the stages. 5. In .speaking with the Rexburg Police Department, it was t'~eir belief, that closure of any of the contemplated streets could be accomplished with equal ease. 6. It was felt that the more central the street closure was to Main Street, the more accessible it would be to traffic from all directions. REQUEST: Having discussed the various options with all parties believed to have an interest, and having reviewed the relevant factors, it is the request of the International Dance Festival Committee, that the City of Rexburg allow for the closure of Main Street between First East and approximately 35 West, and Center Street from Carlson Avenue to approximately 20 North, on July 30t1r, 1994 from 6:00 a.m. until 6:00 p.m. F ' ..