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HomeMy WebLinkAbout1994.06.01 CITY COUNCIL MINUTESDATE: (060194) City Council 6/1/94 7:00 A.M. State of Idaho) County of Madison( sa City of Rexburg) Present were the following: Mayor: Councilman: Nile Boyle Glen Pond Kay Beck Nyle Fullmer Farrell Young Bruce Sutherland Jim Long Rose Bagley J. D. Hancock Joe Laird City Clerk: Attorney: Engineer: A motion was made by Nyle Fullmer and seconded by Glen Pond to approve the minutes. All Aye The mayor discussed the next city council meeting because of the A.I.C. meeting and public hearings, we would need to hold the next council on June 23, at 7:30 P. M. A motion was made by Glen Pond and seconded by Bruce Sutherland to set a hearing on June 23 to amend the Zoning Ordinance and rezone property for Dean Ricks. All Aye RE: EAGLE PROJECT - HISTORY PLAQUE AT SMITH PARK TOPIC: (19,1,,,EAGLE PROJECT,SMITH PARK) Jake Dabell was at the meeting and handed out a packet (copy on file) to explain his Eagle Project for a plaque to preserve the history of Smith Park to be placed in Smith Park. (he explained the hand out) He asked if the city would be willing to donate some money for the project? The mayor said we might can get some money donated for the project and the city would work with him. Jake said he had raised $200 for the project. He was told to work with Farrell Young to find a place to put the plaque. Jim Flamm asked if the city would be able to help with the costs, after he raised all the money he could. The mayor felt the city could help. A motion was made by Glen Pond and seconded by Nyle Fullmer to set a hearing to amend the budget to take the money from the Revolving Loan Fund for the Industrial Park and for the Bike Path Grant. All Aye. RE: REPORT FROM THE IRRIGATION COMMITTEE MEETING; WATER RIGHTS TOPIC: (19,1,,,IRRIGATION,WATER RIGHTS,TETON PIPELINES,DITCHES, REXBURG CANAL COMPANY) Glen Pond reported on the Irrigation Committee meeting. The committee went over the city water issues, the number of shares that we have and what we have been doing with the water in the past. He recommended that we continue the leases of the water this year and the Irrigation Committee will work on a new plan for the proceeding year. He made a motion that we go ahead and lease the water this year as we have done in the past and work on a plan for the future years. Seconded by Bruce Sutherland. The mayor stated it is so late in the year to change anything this year would be almost impossible. We will have all the studies done by about October or November. Lorin Kauer- He asked if the city agrees to furnish the water to the Rexburg Irrigation that you have in the past? The mayor told him we would. He stated that at this point they are not getting any water from the city. The mayor stated that we looked up all our decreed rights and we have an 1883 decree of 1350 inches, an 1898 of 27 C.F.S. with a total of 60 C.F.S. of water and he did not know where the water ~ ~ 1 was going, but the city is trying to find out. Lorin- At the present time their canal is not getting any water, it is all going to the City of Rexburg except what is rented by Teton Pipelines and has been doing this for the past two years. (Lorin reviewed the history, that they had agreed to furnish water to the land south of Rexburg when the city abandoned the city ditch going through the city, if the city would give them 1/4 of their unused water) The water to Teton Pipe Lines has been rented since 1975 and the Rexburg Irrigation Company think it is time that the city discontinue renting water to Teton Pipe Lines. The people on the upper ditch are short of water, the only way they can get enough water is if the city gives our water to them or the water they are renting to Teton Pipe Lines. He thought the city should quit selling water to Teton Pipe Lines, because he did not think they had any excess water. When the city abandoned the ditch through the city, he did not think there were five acres of land that were watered. The mayor reported from the summary from the information the city got from Carlson was there is 2200 cubic inches going in the city ditch and 350 cubic inches going to the Rexburg Irrigation Company and 325 inches to the Teton Pipe Line. Lorin said what they are concerned about is the 350 inches. They want a definite agreement that they get that and the city should have a definite agreement with the people on the upper ditch that you furnish enough water so their crops don't burn up. The mayor said it is getting so complicated with the new laws on ajudication, that next year they want to spend some time to study it and get with some experts. The figures they gave us the other day were that if you are sprinkling and use more than 1" per acre and if you are irrigating and use more than 4" then the Water Recourse Board will say you are going to say that is not beneficial use and can appropriate that water. There are one or two things the city is anxious to do (1) to provide water for those needing it in the past and (2) to protect our water rights in case we ever need to drill another well. Because of those reasons we will go this year just like we have and we will have a lot of work meetings and the input from everybody and find out where this water is and how it is being used. Lorin again asked if the mayor would guarantee that they get 350 inches this year? The mayor told him according to the records they are getting that much now and if they are not getting that much the city would do everything they can to get that water to them. He told Mr Kauer there is a lot of waste water that runs down the canal past the high school and back into the River, if that could be reverted to the Irrigation Canal it would help. Lorin asked if they had to have a court case to get their water? The mayor told him the water situation is so complicated, that is why we need some time to understand it. Kay asked Lorin, if they are not getting the water now, who is in charge of dumping the water, do we have a water master and if so why isn't he doing it? Lorin said it is running through St Anthony. Jim stated what he is hearing is we are giving the water to one group and renting it to another and yet we own the water rights? Lorin explained. Kay stated that a lot of that land is in the city and should be owned by those people that are paying pretty high prices to water gardens and yards through a sprinkler. Those people should not be forgotten. Lorin said the city's first obligation is to water the land that was designated to be watered. Bruce told him their first obligation is to the City of Rexburg and to the people in the City of Rexburg. Doug Barney, water master explained he had been water master for three years. The first year St Anthony told him we had 13 C.F.S. in the ditch of 1883 water which is not enough water to supply the demand to the last couple of farmers on the ditch. The last couple of years St Anthony told me I had 20 C.F.S.. in the ditch, and in the peak watering seasons there is enough to squeak by but no extra. In the ditch system, we are able to dump the waste water into the canal company, but that changes from day to day. If we have to guarantee the canal company a certain amount of waste water to dump into their canal after running through our system, he wondered what he was suppose to do, tell every one they could not water and let the water run by? Right now it is running in the river, because of with the '98 water that is on right ~' now, the canal company runs their canal so full that it would back wash through our ditch because of the height of water in the canal, but when the '83 water cornea off then he can dump the whole ditch into their canal. He can't pull enough water .when the '98 water decree is on but when it drops off we have to really do a shuffle to get the water past the people that flood irrigate. When they flood irrigate there is not enough water to get the volume there so the people that flood irrigate can irrigate and not take forever to do it. Dell Barney- He ie on the bottom end of the ditch and you only get what water gets down there. With 13 C.F.S. of water, in the late summer when they really need the water, it is only enough water to keep the moss growing. Without waste water that other canals dump in, it is impossible to flood irrigate. He stated that the city needs to realize that they are on the end of the ditch too. When he came on that place 32 years ago Cecil Fullmer was the water master and Alma Klinger was the city councilman over water, Cecil told Dell there were three streams of water in the ditch, one is for the upper users down to Huskinson's and from the Cemetery on down is another stream of water but there is one more stream of water which is the widow water and nobody touches it, that is what he called city water. There should be three streams of water and three people should be able to water at the same time, but it had been impossible for more than one to flood irrigate for several years. When they cut us to 20 C.F.M. they will not let the water master pull more than what the river man says you can pull. When we are on 20 C.F.M. only one person can flood irrigate. When they cut to 13 C.F.M. that water is usually used up by evaporation, seepage, and plant growth. At that time of the year the only way the city can supply the water at that time of the year is to put concrete in the ditch. He proposed if you turn the water back to Rexburg Canal Company which the city should do, you need to run it through the city ditch and dump it in at the bottom end. There are no water users on the Rexburg Canal from the point they take it from the river to where we can dump it back in at the bottom of the city ditch at the high school. In irrigation companies, the people making the decisions where the water goes, what we do with the canal, or improvements, those decisions should be made by people that have a vested interest in that water and he is not sure that it is handled right unless the people who are administering it, the city council, understand irrigation. Any canal he has ever had anything to do with, if you for any reason are not a user of water or do not have a vested interest you cannot set on that board and make decisions. We need to make sure we keep the water in that canal enough to get it through. We as farmers irrigating out of that ditch have a right to that water. The city has an agreement to deliver the water to the farmers. The mayor stated on the judication if your acres irrigated is not high enough to justify all that water, the Water Resources Board can come in and say you are not using that water efficiently and it can be taken. That is the kind of thing we need to study. Dell said the reason he put in some sprinklers was because he could not get enough water any other way. We need to keep the water in the ditch and not above the ditch. Gene Palmer- The fact that they put in a sprinkling system, was because they could not get enough water to water the land they had at that time flooding it. The problem now being that when the Woodmansee Johnson water comes into our ditch, we have enough to water. There are many many times that without that we did not have enough water. He is concerned that with the Adjudication process, the amount of water that it shows we are using for the land we have above, because if we lose that we are in fact in trouble getting enough water to sprinkle the lower end. He tried to find an agreement that his dad had at one time between Jim Eckersell, Huskinson farm, regarding the water they at that particular time and owned and deeded to the city. His dad thought he had given the agreement to Mary Smith. It was an agreement with the farmers and the City of Rexburg, in which their water rights were given to the City of Rexburg with a perpetual agreement that the city would furnish to them water. In terms of what is happening with this Adjudication, if we loose that stream of water from Woodmansee Johnson, then we don't have enough water. We own 2 shares of water in the Woodmansee Johnson, we are required to have twice as much water as those on the upper part of the ditch. Jim questioned the water rights and charges? Gene said for a long time that city ditch was not maintained. If we are going to get water through that ditch, it needs to be maintained. Lorin Kauer- You had reference of 4" inches of water per acre. We have 90 acres we are trying to water there would be 350", 90 x 4 is 360, but we have to run the water 2 miles and we loose about 40~ of that water by the time we get it out there. If you had to run it through the city ditch you will loose more. Down the line the city is going to have to prove that they are putting water back into the aquafer. The mayor told the council we need to act on the motion and set a date to study the water and not loose our water rights. We will set up work meetings and get all the facts. RE: MOTION PASSED TO LEAVE WATER CHARGES AS IS FOR THIS YEAR TOPIC: (19,4,,,IRRIGATION,WATER RIGHTS) All Aye to the motion to leave the charges for the leased water for one year. Kay Beck and his committee will study the Sidewalk Ordinance and report back at the first meeting in July. RE: FIREWORKS PERMITS APPROVED TOPIC: (19,4,,,FIREWORKS) Mayor Boyle read the fireworks permits. Paradyne in the Albertson Parking Lot, one across from B.M.C. West, one for Holiday Sales on the property at K. R. Lanes. A motion was made by Nyle Fullmer and seconded by Bruce Sutherland to approve the fireworks permits. All Aye Bruce will take the garbage ordinance and he and his committee will study it and report back at the first meeting in July. Garth Oakey representing Off Campus Housing. We are having a lot of trouble. We have people come in at night and dump in dumpsters. What can we do if we get license numbers? He was told when we pass the ordinance there will be a stiff fine. RE: DISCUSSION OF PLAT & STREETS FOR SUMMERWOOD SUBDIVISION; (RANDALL ADDITION) TOPIC: (19,4,,,PLATS,STREETS,SUMMERWOOD SUBDIVISION, RANDALL ADDITION,SUNSET CIRCLE,K STREET) Discussion on the Sunset Circle, K Street and Randall Addition. The mayor stated that everyone he has talked to wants the church to go there. It has to be settled and decided by July 1 at the very latest for the church to meet their funding for next year. We don't have a preliminary plat yet. Bruce reported from Planning & Zoning. The mayor reported he had talked to the Stake President. Mr Mower from the Real Estate division of the church came over from Boise and met. They said to change the legal description of their property and do the testing, it would cost them $10,000 they were not willing to pay. They .would not pay any of the fee to run the street through Sunset Circle and they need to have it decided well before July 1. If someone else paid the fee of $10,000 they were willing to change the site plan. John Bowen said the Randalls are not willing to change the plat. Roger Hoopes stated he met with the Randalls yesterday and were unable to get in touch with the engineer yesterday, but will try again. We did discuss the relocation of the church property and met with the local church engineer and they have determined they do not want to ~..~..: change the plat. It is the Randall Corporation property and they made the decision. The mayor stated that as he hae discussed this with the City Council individually, the council has taken a stance that they were not willing to fight the battle to open Sunset Circle. They admit that there was a mistake years ago, but to fight the cost of the property and the street through, they were not willing to do it. The only thing the council could do is to affirm that they would accept the plat without Sunset Circle open or with Sunset Circle open. Kay - Both groups from K Street and Sunset Circle have indicated that there might be a law suit. He asked where we stand on that? What is our responsibility or obligation? The mayor stated legally we could accept a plat without the road. When it was done the road should have been put in. When it was done, K Street was made to go to the edge, Maryann was made to pave to the edge and Sunset Circle was not forced to pave the road to the edge and that plat was signed and accepted with only a notation on the back. The council at this time does not have an obligation to pay to put the road through. Jim Long - He did not understand how the church can hold a gun to city or residents head on the plat that has not been accepted. The mayor said they are not holding a gun to our head, but are saying that anymore delays and the church will not be built there. They are not willing to fight a battle to do it. All they are taking a stand on is their property is there and they either want to build on it starting this November or if it is not agreed on they will look for another spot. Kay said the majority of the people over there want the church and the council doesn't have any choice but to look at a plat. Nyle stated as a city council we have the ability to say maybe that is not the way we think it should be platted. Glen stated we have not seen a plat and about all we could do is to say we will take the plat with or without a street. Tony Aldridge- He didn't understand where a threat of a law suit could be part of a decision. The mayor told him a decision would not be made on the basis of a threat of a law suit. When we moved on K Street we knew that that street was going to be an access and he felt they should share the burden of the growth of this town. I see the concern of the people on our street with the children playing in the street. Working at the power company, I have had the opportunity to look at all the plats and in every case the access to Sunset Circle was always shown. It appears to me the fair way is to diversify traffic flow and a good study has not been done. The mayor stated that the engineer and Kay measured some streets back of curb to back of curb and K Street is 40 feet with 4 feet sidewalk, Park Street used for three wards access to the church is 37 feet with a 4 foot sidewalk, and Birch Street which all the kids on the hill funnel down to go to school is 34.9 foot. Tony- Told the mayor that he had stated that the road was there and legally it was there and now we are laying it aside. All we are trying to do is to diversify the total burden. He said he moved onto that street knowing there would be a street through and everyone that moved into Sunset Circle should have known there would be a road through their addition. Donna Durden- She lives on K Street. There are some feelings that people have on K Street and Sunset Circle probably have those same feelings. We should ignore those kinds of feelings and what should happen is to try to decide what is best for the city and the people. I am concerned about the traffic that will go through K Street. Why not get together and try to accommodate both groups. If the council is going to vote on this issue before the plat is submitted, maybe you are doing it for the best interest of the Clements. If you do that please give the same consideration to K Street. After they met with the church officials, the church officials said they were willing to meet with the Randalle and change the plat. She would like to see this thing pursued ~ ~ in a calm orderly manner so that everyone could have what they wanted and this could be possible by switching the plat around. As a city council,.. she would assume they would be concerned about both K Street and Sunset Circle. ~,~ Glen Halverson, Forsgren Associates- He is the engineer working'on the plat. The church approached the Randalls about buying property to build a stake center. So Randalls ask Forsgren to draw a couple sketches showing a 7 acre parcel of .property. They drew one with the church on the south side of the property and one with the church on the north side. The church said they liked the one with the church on the north side and then they wanted to purchase the property. The Randalls sold off a piece pf property to the church to build a Stake Center and they were left with the remainder and asked Forsgren what they could do with the remainder and this is what they come up with. The mayor asked if the church were willing to move to the South side, do you think the Randalls. would re-do the plat if the costs to church has incurred. were paid? Glen- you would not only have the cost for the church, but. also the costs that the Randalls have incurred. You would have to have the Randalls and the church both agree. Bruce told the council Planning & Zoning recommended a task force be appointed. The mayor stated that this has been studied to death and he felt we need to just leave it to Planning & Zoning. He said he did not care if the church was on the South Bide or the North side. He would be happy to work with all the people down there. Because for the past 14 or 15 years there has been such a mess on Sunset Circle, because Mr Clements bought the lot. The city should have required the street to go in at the time of the plat approval and they did not. Mr Clemente has been paying taxes on that property for the last 14 years. Bruce made a motion that we accept a plat, what ever the plat might be without a Sunset Circle ingress or egress required. Seconded by Nyle Fullmer. Linda Eames- She has taken many plats to Planning & Zoning that have not been acceptable. I have no sympathy for the developer. It would only cost $200 to re-draw the plat. A lot of traffic flows past K Street. If I were going to .church, I would not go to the stop light. I would cut through K Street, unless you put a stop light in. We are all united and feel good about the plan with the church on the south. We want the Randalls to draw the plan again. Charles Smith- In the development of K Street, Mr Keppner developed K Street with a dead end. The reason it was dead end was nobody was willing to make an access onto 5th West. The traffic flow on Main street is heavy and he felt there should be a study done. The city is to blame for not making them put a street go through Sunset Circle. The correction should be taken care of. The traffic flow will be tremendous. The mayor said we would prefer if the church would show 2nd North as an access. Jim Mitchell- We are talking about aliveating traffic, lets get rid of the the stake center. The church is saying if we don't get this done by a deadline, we won't build there. That tickles me to death, because if the Stake Center isn't built there, K Street or Sunset Circle won't have a traffic problem. The mayor said if the Stake Center is not built there, about 50 houses will be built. Jim said he would rather have the houses. The L.D.S. people are active people and they are going some place all the time. I am not like Mrs Eames, I don't think K Street and Sunset Circle are "lovy dovy" as she thinks they are. If K Street residents can get everything in that development like they want it, we would consider not having a street tied into Sunset Circle. It is also evident that we are not going to get it that way. If I was gambling man, I wouldn't give you a dime to say that I was going to win in a game of cards that had been stacked like this one. I would bet millions of dollars I was going to loose it, because most of the council either have relatives, employees, or friends in Sunset Circle. The mayor has expressed himself with several people that the city is broke. $12,000 to buy a lot and force a right-a-way and we 7 can't do that, my answer to you is you are operating the city a little too close. The issue of the road into Sunset Circle is a dead issue, there will not be a road there, so lets forget the Stake Center. He would go for. that. He attended a meeting two or three weeks ago and felt the people in Sunset Circle were trying to take advantage of his ignorance. Mike Clements bought his property and built his home and he knew that that the property next to hie house was a through street to the Randall Addition. (controversy discussion from people from Sunset Circle, K Street and Mr Mitchell) Mr Mitchell left meeting. Mike Stevens- He knew someone that had been involved with this since the first. When Mrs Taylor was trying to develops that piece of property, Mr Randall came to her about the development of hie property some day, and talked about putting in the right streets, water and sewer. Mr Taylor agreed if he would participate in the costs but Mr Randall would not pay for the extra costs. In discussing it with the fellow that was in on all the discussions with Mrs Taylor and Mr Randall, the window of opportunity was there for the street to go through but it was not done and the window was closed. If there was suppose to be a street in there, a lot of us in Sunset Circle did not know about it. Mr Clements is the owner of the piece of property and has a substantial financial interest. Hate to see this thing funnel anymore and asked the city to make a decision and stick to it. Donna Durden- Disagreed with what Mr Mitchell said. RE: VOTE CONCERNING ROAD INTO SUNSET CIRCLE FROM SUMMERWOOD SUBDIVISION TOPIC: (19,7,,,SUNSET CIRCLE,K STREET,SUMMERWOOD SUBDIVISION) The mayor called for a vote on the motion that the city would accept a plat without a road into Sunset Circle. All Voting Aye except Jim Flamm who abstained. RE: DEVELOPMENT AGREEMENT ON THE WALKER CROSS PROPERTY ACCEPTED; WATER LINES & HOOK UP DISCUSSED TOPIC: (19,7,,,WATER LINES,WATER HOOK UP,SEWER HOOK UP,BILL HENDERSON) The mayor discussed the Development Agreement on the Walker Cross Property. Bill Henderson was going to put money up front for the water line to his proposed subdivision, but will not do it now. We could put the line behind the school, but it is not big enough to do any good for the city in the future. Without that money the city still needs to put in the money and adopt a rule that if this development needs to put in $20,000 this week or if they wait until the property is developed, it will cost him $28,000. When Joe hooks up his addition, he will be charged that same amount. Joe suggested that the council should consider a cost for lineal foot hook up fee for sewer and water so when we have situations where the city is putting money up front they can get that money back. A motion was made by Bruce Sutherland to accept the agreement with the one change to charge Henderson $28,000 when the property is developed. Seconded by Glen Pond. All Aye RE: AGREEMENT FOR THE WATER LINES & ROAD CARE TO THE TRANSFER STATION TOPIC: (19,7,,,TRANSFER STATION,WATER LINES,STREETS) We have another agreement for the water line to the Transfer Station. The council voted to have the county pay $50,000 and wanted to negotiate on a couple of other things. One thing Joe had in the agreement that the county sheds would be annexed at the same time the trailer court was and they did not know why they needed to be annexed. They wanted to run water over to the county shed from the Transfer Station and run it off of one meter. They did not think they should be charged a $3900 hook up fee. They would like to repair the airport road after we run the water line down it and do all the patching on it instead of paying the $3900. We want to run the water on down to our Chlorine Plant off the city line. The county will repair the road on down to the Chlorine Plant. If we annex the trailer court, when does that become a city road? Glen asked how long would they repair that road? The mayor said we need to negotiate with them to maintain the road until all the property along the road is annexed and that it remains a county road until then. The council did not care if the county shop is annexed. They also felt that if they maintain the road to the Chlorine Plant clear to highway 33 until all that property is annexed, we would wave the $3900. They will have to pay the $2000 for the meter. The repairs need to be acceptable to the city. A motion was made by Kay Beck to accept the agreement as explained above, seconded by Nyle Fullmer. All Aye. We will have a public hearing to annex the Village Green Trailer Court. RE: ANNEXATION OF WALTERS READY MIX DISCUSSED TOPIC: (19,8,,,ANNEXATION,WALTERS READY MIX) The mayor called David Walters and talked to him about annexation of Walters Concrete property. He told him that unless he had in lieu of taxation money to fix up our roads, we would need to annex his property to help keep up the road. He said if he is annexed he wants 5th West opened and he would put in curb and gutter by the canal and wants the city to pave that road to the city shop. Discussion on annexations. Jim Long asked if the city would ask him to deed property along the river for a green belt? RE: RANDALL CORP. WANTS US TO VACATE STREET WHERE MILLHOLLOW & SHOSHONE JOIN TOPIC: (19,8,,,RANDALL CORPORATION,MILLHOLLOW,SHOSHONE,STREETS) The Randall Corporation wants us to vacate the street where Millhollow and Shoshone joins. When Forsgren drew up the change the cost would be $20,000 or $18,000 if the city does some of the work. The council felt that unless Randalls pay for the changes we cannot make the change. Farrell Young suggested that we block the street. RE: MOTION PASSED THAT DEVELOPER MUST PAY FOR CHANGES TO HIS PROPERTY TOPIC: (19,8,,,DEVELOPERS,SUBDIVISIONS) A motion was made by Nyle Fullmer that the developer will have to pay for any changes they want to do with their property. Seconded by Glen Pond. All Aye A motion was made by Glen Pond and seconded by Nyle Fullmer to pay the bills. All Aye The water issue will be decided in November. Meeting adjourned. Z Mayor, N'le L. Boy City lerk, Ros a y