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HomeMy WebLinkAbout1994.12.07 CITY COUNCIL MINUTES~~ City Council 12/07/94 °x:30 P. M. State of Idaho) County of Madison( ss City of Rexburg) Present were the following: Mayor: Councilman: City Clerk: Attorney: Finance Officer: Engineer: Pledge to the flag. Nile L. Boyle Kay Beck Farrell Young Glen Pond Nyle Fullmer Bruce Sutherland Jim Flamm Rose Bagley J. D. Hancock Richard Horner Joe Laird Due to excused late arrival of Mayor Boyle, Glen Pond took charge of the first part of the meeting. A motion was made by Nyle Fullmer and seconded by Bruce Sutherland to approve the minutes. All Aye. RE: FIRE DEPARTMENT PERSONNEL TOPIC: (19,68,,,FIRE DEPARTMENT) Volunteers and full time fireman were at the meeting. Terry Johnson acted as spokesman. He stated that the City of Rexburg's Fire Department is built upon the volunteer system, paid call system. He read the names of those in attendance. They had a letter to the council (copy attached). The reason they are here is they believe in the full time fireman and want them to lead the volunteers and want to support them. (copy on file) RE: PROGRESS OF THE IMPACT ZONE - PUBLIC HEARINGS SET TOPIC: (19,68,,,IMPACT ZONE,PUBLIC HEARINGS) Richard Smith was at the meeting to explain where the Planning & Zoning is on the progress of the Impact Zone. The final proposed map was given to the council. There has been a request as late as today from Frank Jacob who expressed a great concern that he had been included in the proposed Sugar City Impact Zone as opposed to being included in the proposed Impact Area in Rexburg. He has requested he be included. His property is on the North of the map between the Interchange and the Salem Highway straight eastwardly to the railroad tracks. We have not a formal request to include it. The map is a product of a lot of work by the Planning & Zoning with a great deal of input from the area residents living within the Impact Zone, cattle operators, as well as everyone who owns property in the impact Zone. They all feel it is a fair Impact Zone and realistic with respect to the factors we are required to look at by the statute which is geography, economic impact and the potential for being annexed into the city. The council was mailed out a copy of the ordinance. It basically consists of a new chapter in the zoning ordinance which provides that there will be two types of zones in the Impact Zone. The first type will be all those zones that currently exist in the City of Rexburg and second type are three new zones Ag. 1, Ag. 2, and Rural Residential. The definitions of the new zones has once again the census of everyone on P. & Z. together with input from everyone who lived in Impact Zone. This has taken 2 1/2 years. Richard had gone through every section of the Rexburg Zoning Ordinance and brought it before P & Z to determine if that particular provision would apply in the new three zones Ag. 1, Ag. 2, and in Rural Residential and P & Z voted on each section. In the first type of zones in the existing ordinance, all provisions will apply, when they arise in the Impact Zone. In addition to Chapter 10 changes, it was necessary we amend Chapter 6 of the existing ordinance. All enforcement in the Impact Zone would be conducted by the Planning & G9 Zoning Commission. We have set two Public Hearings one on January 5 and one on January 25 to take this to the public and hopefully have it acted upon by the City Council and the County Commission and pass the ordinance. We are under a deadline of January 1, the Planning & Zoning has moved as quickly as they could. It was felt by the Planning & Zoning that we couldn't take this to the public this close to Christmas with two public hearings. He explained that they surveyed every piece of property in the Impact Zone and zoned it for existing use. We will try to have the map at the next council meeting. Bruce commended the Planning & Zoning, they have worked long and hard and tried to bend over backwards as much as possible and still meet the criteria and requirements of the Impact Zone. They have had long meetings and put in a lot of time. Jim agreed and stated they have also had a great deal of sensitivity to the people's needs. Glen Pond stated as a city and a council we appreciate the time and effort that has gone into the Impact Zone. RE: WALTERS READY MIX OWNER OPPOSED TO ANNEXATION TOPIC: (19,69,,,WALTERS READY MIX,ANNEXATIONS,STREETS,5TH WEST) Jerry Rigby, representing Walters Ready Mix. He realized that he is late on this issue. Walters Ready Mix has never been excited about annexation. Under Idaho Code Statute 50-222, "Before a tract of land greater than 5 acres can be annexed to city. (1) There has to be a desire by the owner. (Mr Walters does not want Walters Ready Mix to come into the city). 2. That this tract of land has either sub divided, laid off, or platted into less than 5 acres. (that has not occurred) 3. That when a tract of land is completely surrounded by city boundary (that is not the case)." There are two ways to go about it. He is at the meeting to object to the Annexation of Walters Ready Mix based upon 50-222. Another way they could proceed is that the Walters property only be continued based upon this legal argument and could be resolved before the next council. He did not think it would require anymore publishing. He stated he would take full responsibility of this lateness in coming before the council. Mr Walters has never wanted to be part of the city but thought he did not have a choice, but under this law he does have a choice. He could not be here tonight. He does not think he would get the benefit equal to the burden. He stated he knew there had been some concerns by the council about his vehicles on the roads and perhaps something could be worked out even if they are not annexed. That issue could be addressed. If the decision is made tonight, he would lodge an objection. Jim stated as he remembered Jerry and J. D. were to work this out prior to the hearings. Jerry said they had talked but he had not discovered this statute. Kay Beck asked if they would feel better about load limits? Jerry said if there were load limits, it would have to be for everyone. That would mean any large trucks could not be on any streets in Rexburg. Jerry also suggested that the city open 5th West, which is a much more direct route and less wear and tear on the roads. Glen stated, we have taken a lot of time on this ordinance and he did not have a problem on continuing it until we hear from Mr Walters, himself. J. D. Hancock stated we can continue it until the next meeting if we can get Dave in and seriously resolve the issue. A motion was made by Glen Pond and seconded by Jim Flamm that we postpone the annexation for two weeks until the next meeting. All Aye. RE: EMPLOYEE MANUAL DISCUSSED TOPIC: (19,69,,,EMPLOYEES MANUAL) Approval of Employee Manual- Richard discussed a change on Section 715. The council felt they needed to review it until the next meeting. Introduction of the scouts. ~~ RE: DISCUSSION OF STREET LIGHTS TOPICS (19,70,,,STREET LIGHTS) Nyle Fullmer made a report on the street lights. Report and recommendation from Chief Siepert attached. (discussion) Nyle suggested that we use the money we have in the budget for the priority areas, it definitely requires a need. Jim Flamm suggested that we put in large bulbs in the existing lights instead of spending money on poles. Glen said he would take the list and report at the next meeting. RE: PHONE SYSTEM AT ASPEN VILLAGE & HILLCREST - EASEMENT GRANTED TOPIC: (19,70,,,ASPEN VILLAGE,HILLCREST,APp,RTMENTS,STREETS,EASEMENTS) Garth Oakey from Aspen Village was at the meeting. They tried to install a phone system similar to that of the college. To make it more cost effective, they wanted to run a wire between their complex and Hillcrest so they could each use the same P.B.X. They wanted to run it about 120 feet along the edge of the city's property between Aspen Village and Hillcrest. They could put it above or below the ground. Farrell asked if they could go under the road without cutting it? Garth said they had talked to Jack Zollinger, and he said he thought they could. He asked what kind of base was under the road? John Millar stated that there is a potential for running a floater above the lava rock. The council felt there wasn't a problem as long as they go along the property line, however they would prefer to have it burred, they did not want him to cut the street. Joe explained that Farrell and DeLynn preferred boring under the street. We would need to give them an easement for them to be on city property. A motion was made by Nyle Fullmer to grant an easement as long as it is burred under ground. Seconded by Farrell Young. All Aye. RE: STORM DRAINAGE PROBLEM ON 4TH SOUTH TOPIC: (19,70,,,STORM DRAINS,ERICKSON PONTIAC,WHEELER*GERALD,4TH SOUTH) Gerald Wheeler was at the meeting to discuss a drainage problem on 4th South by Erickson Pontiac and the Third Ward Church. (he showed a video of the problem) There are four or five homes that get flooded every time it rains. This occurs two or three times every summer. The water doesn't escape from that area. John Millar stated that the Highway Department put some drains under the bridge up against the canal and it eventually drains into the 5th west line which goes down to Main Street. We also have a line that comes off the hill at Erickson's corner and goes north to first south and dumps into the eight inch line. The intersection at 3rd West, has sumps that are marginally effective. There is no easy solution. Discussion by Mr Wheeler of what they though would help, (1) adequate size storm sewer, (2) a sump be put in the area capable of lifting water to the canal, we were told that was not practical because the canal company would check in to it, (3) the drainage be put there into lines that would take it down the edge of the canal and eventually drain into the canal. John Millar stated the canal company said they won't take it anymore because of the potential of E.P.A. coming back on them. The mayor stated that storm drainage in the whole city needs to be redone. Joe Laird explained there are two possibilities we could look at that might do some good. He explained about lines including an old ditch to be used for possible drainage after it was cleaned out. Farrell asked if we have any projects in the future for redoing the drainage system in that area? Joe said we don't. Glen recommended that we pursue the options that Joe has mentioned and try to find money in the budget. RE: MAPPING AND ENGINEERING TOPIC: (19,70,,,MAPS,SURVEY CONTROL SYSTEM,FORSGRENS) Mapping and Engineering- (copy of drafts given out to council) Joe explained the draft is basically the same with some verbiage changes. Joe recommended that we go ahead with it, after the attorneys put their final touches on it. (discussion) J. D. stated he would like to review ~i the entire copy. The council decided to table it until the next meeting so it could be reviewed further. RE: SEAL COATING TOPIC: (19,71,,,SEAL COATING) Discussion about requiring Developers to do Seal Coating. It was decided to do it by resolution. We would table it to the next meeting. RE: FINANCING OF EQUIPMENT TOPIC: (19,71,,,BUDGET,VEHICLES,EQUIPMENT) Richard presented a schedule for the financing of equipment and explained it. He handed out a Lease Schedule. (copy attached) The total amount is $266,315.40. The low bidder on the Lease was Key Bank. A motion was made by Jim Flamm and seconded by Nyle Fullmer to approve the financing of this equipment with Key Bank with the Lease Schedule. All Aye RE: ORDINANCE 766 PASSED - BONDING FOR THE WASTEWATER TREATMENT PLANT TOPIC: (19,71,ORD,766,WASTEWATER TREATMENT PLANT,BONDS,BUDGET) ORDINANCE NO. 766, A bonding ordinance in the amount of $5,000,000 for the Wastewater Treatment Plant. AN ORDINANCE OF THE CITY OF REXBURG, IDAHO, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF A SEWER REVENUE BOND IN THE PRINCIPAL AMOUNT OF $5,000,000; DESCRIBING THE .BOND; SPECIFYING THE DATE, FORM, MATURITY, REGISTRATION, AND AUTHENTICATION OF THE BOND: CONFIRMING THE SALE OF THE BOND; PROVIDING FOR THE COLLECTION AND DISPOSITION OF REVENUE; ESTABLISHING CERTAIN FUNDS AND ACCOUNTS; PROVIDING COVENANTS: AND PROVIDING FOR OTHER MATTERS RELATING THERETO A motion was made by councilman Bruce Sutherland and seconded by Jim Flamm that the rules requiring an ordinance of a general and permanent nature to be read on three occasions be dispensed with and that said ordinance be numbered 766. Those voting aye: Kay Beck Farrell Young Glen Pond Bruce Sutherland Nyle Fullmer Jim Flamm Those voting nay: none Ordinance 766 was then place before the council. The mayor then called for the voting for final passage of the ordinance, and the motion was made by Nyle Fullmer that ordinance 766 be passed and to also approve that we can publish the ordinance in Summary Form. Those voting aye: Farrell Young Kay Beck Glen Pond Bruce Sutherland Nyle Fullmer Jim Flamm The roll showed all councilman present voting "Aye" carried, the Mayor declared that the majority of all the members of the city council had voted for the passage of said ordinance was duly and regularly passed. Mayor Boyle declared the motion carried. RE: BEER LICENSES APPROVED TOPIC: (19,71,,,BEER LICENSES) Mayor Boyle read the beer licenses to be approved: Payless Drug, Maverick Store 169, Maverick Store at 1ST North and 2ND East, Liquor Store, Horkley Self Service, Albertsons. A motion was made by Bruce Sutherland and seconded by Nyle Fullmer to approve the beer licenses. All Aye 7~ RE: SEAL COATING TOPIC: (19,72,,,SEAL COATING) John Millar commented on the seal coating. A lot of the developments are quite small and if they bring a crew in to do seal coating of a block, half block, it might be prudent that there be also in that ordinance that a developer could buy into a city seal coating project at some determined rate. RE: COMPLAINT ABOUT SNOW REMOVAL BY BUSINESSES TOPIC: (19,72,,,SNOW REMOVAL,STEINER ELEVATORS,MAIN STREET,BUSINESSES) Glen Pond stated he had a call from Steiner Elevators. They couldn't understand why we don't move the snow to the center of the street and why we discriminate against them and why we take it off Main Street? When the plow comes around the corner, he gets a lot of snow. Why do we select Main Street to remove the snow rather than some of the other streets in the city that have businesses. The mayor said it is expensive to haul it out. On Main Street there is all the foot traffic and parking. They do haul the snow from other areas when we get caught up. RE: COMPLAINTS ABOUT ACCESS ONTO NORTH 2ND EAST TOPIC: (19,72,,,STOP LIGHTS,2ND EAST,STATE HIGHWAY DEPARTMENT) Glen stated he had complaints from people about the the access onto North 2nd East. They say the way the lights work, the way they release the traffic, if you are waiting to get on coming out of Farmers Equipment, you can't go south. Is there a way we can control the lights to improve the traffic flow? Bruce also suggested that we need a light on 2nd East and 2nd North, you can't get on that road. (discussion) Joe will call the Highway Department and make a report. RE: REVOLVING LOAN FUND TOPIC: (19,72,,,REVOLVING LOAN FUND) Dave Ogden was at the meeting to make a report on the Revolving Loan Fund. It is a sensitive issue with possible litigation, and possibly be discussed in an executive session. A motion was made by Nyle Fullmer and seconded by Glen Pond to go into an executive session. All Aye. After reconvening: RE: CONTRACT RENEWED WITH ECIPDA TO ADMINISTER THE REVOLVING LOAN FUND TOPIC: (19,72,,,REVOLVING LOAN FUND,ECIPDA) Dave asked if the city would renew their contract to administer the Revolving Loan Fund for the same amount $9000. A motion was made by Glen Pond to renew the contract with E.C.I.P.D.A. to administer the Revolving Loan Fund. Seconded by Farrell Young. All Aye A motion was made by Nyle Fullmer and seconded by Glen Pond to pay the bills. All Aye RE: IRRIGATION TOPIC: (19,72,,,WATER RIGHTS,IRRIGATION,TETON PIPELINES) Irrigation The mayor stated that he, Joe, Glen and J. D. went down and visited with Ron Carlson. Glen reported we need to do something to protect the water rights we have. We talked about transferring our surface water to ground water rights. This would change our rights to the wells we have, so no one could take our rights that go back to 1883 decree. If we can transfer that, our wells would never be shut down. There is plenty of water to supply the city from the water rights we have on the surface water. The mayor told the council the best thing we ever did was to lease that water to Teton Pipelines. That part is protected. In the 1883 decree, it says it is for municipal and power. Ron Carlson ~3 said it has never been approved to change that to agricultural. When Clint Hoopes went down and filed for the 6 1/2 c.f.s. he also gave a spread sheet as to where all the other water was used as proof that it was used for agricultural. Beneficial use isn't to use 20.5 c.f.s on a few acres. We have to justify the water and measure the water coming back into Rexburg Canal. We could loose most of that 20.5 c.f.s. Glen suggested that we need to put it into some kind of a trust and get a water attorney to administer the trust and give him the income he can get from the leasing. We need to see if someone can administer it for us that knows water and water rights. We could turn it over to them and see if we can get enough money to administer their costs and let them eventually get it transferred over to the ground water. We need someone that is on top of the water issues and that can be looking out for us. Most of the water is being used to push a little water a long way. J. D. said if we don't want the water we can sell it. It is worth about $135,000, the 6.5 c.f.s. Teton Pipeline would probably buy it for that. Glen said our first option would be to transfer it. Nyle asked what would happen to people like Gene Palmer, would they be out of the farming business? J. D. stated that they probably have an historical use. It would be a beneficial use to recharge the aquafer. Glen felt we should transfer if and if we can't transfer it we sell it and either drill a new well with what we sell it for or do something with that money so it benefit the citizens of Rexburg for future water. The council decided to get some proposals for an attorney to administer it. J. D. said he would come up with a written proposal and the mayor would talk to some other proposals from other attorneys. Meeting adjourned. Mayor, Ni a L. Boyle City Clerk, Rose Ba y To: Chief Siepert Reference-Street lights ~] ~~~ ~~~,~ Chief, following is eight locations which needs street lights or needs additional street lights because the currents lights do not sufficiently light the area. These areas have heavy pedestrian traffic along with a fair amount of vehicle traffic. There has been vehicle/pedestrian accidents or close encounters at some of these intersection. 1. 1st South/2ND West--Additional light needed on No. East corner. 2. 1st South/1st West---------------------------- No. East corner. 3. 1st South/Center------------------------------ No. East corner. 4. 1st South/College----------------------------- So. West corner. 5. 1st South/1st East---------------------------- So. West corner. G. Rolling Hills/4th East----Needs a street light. 7. 2ND East/5th South--Needs. a street light. Lt. Lewis 14 ~jcESu~ of ~, o ° Q ~ ~ ~~ ~QQ1/° ~, o a a STATE OF IDAHO ~$~ISHE~ NILE L. 80YLE P.O. BOX 280 MAYOR 12 NORTH CENTER STREET ROSE BAGLEY, CITY CLERK REXBURG, IDAHO 83440 RICHARD HORNER, TREASURER PHONE (208) 359.3020 d FINANCtAI OFFICER FAX (208) 359.3022 CITY OF REXBURG LEASE SCHEDULE 1. 3 Year lease annual payments 5.6~ payoff West One Bank as of 12/9/94 $ 52,815.40 Finance new Truck $ 63,500.00 & old bins of old West One lease 1995 Crane Carrier SN #1CYCAE483ST041603 Actual Total $116,315.40 2. 5 year lease annual payments 5.8~ Veh. #1 - 1995 Ford F800 Diesel Dump Truck $ 36,000.00 SN #1FDXFSOCXSVUA0853 Veh. #2 - 1995 Ford F800 Diesel Spreader Truck $ 38,000.00 Veh. #3 - Front End Loader (being bid) $ 52,000.00 Veh. #4 - Utility Service Truck (being bid) $ 24,000.00 - Estimated Total $150,000.00 GRAND TOTAL $266,315,40