HomeMy WebLinkAbout1999.08.04 CITY COUNCIL MINUTESv
DATE: (080499)
City Council
B/4/99
7:30 P. M.
State of Idaho)
County of Madison) ss
City or Rexburg)
Present were: Mayor: Bruce Sutherland
Councilmembers: Marsha Bjornn
Paul Pugmire
Farrell Young
Nyle Fullmer
City Clerk: Rose Hagley
Attorney: Stephen Zollinger
P.F.C.: John Millar
Pledge to the flag.
A motion was made. by Paul Pugmire and seconded by Nyle Fullmer to
approve theminutes. All Aye
RE: REQUEST FOR MUSIC FESTIVAL IN SMITH PARK
TOPIC: (23,B,,,SMITH PARK,MUSIC FESTIVAL)
Request for Music Festival in Smith Park -
Stacey Due- She has been organizing a music festival in Smith Park for
Rexburg. She is coming to get the City Council's permission to use the
Smith Park Gazebo area to hold the concert. It will be held on Friday
August 13 from noon to 9:00 P. M. we have ten to twelve local bands
from this area that have agreed to play for free. It would be free to
the public and would be an all ages show. There are ten local
businesses that have agreed to sponsor this event and have donated
prizes. They are having all the bands sign a conduct contract that they
will refrain from using any inappropriate behavior or actions. They
will have an off duty police officer, who is her dad, that will be
there throughout the day and several adults that have agreed to
supervise it to make sure everything goes well. She has several of her
friends who have agreed to be on the clean up crew.
The mayor asked if there would be a refreshment stand set up? She said
there would be one stand selling pop, water, candy and band
merchandise. Nyle Fullmer expressed his concern would be the volume
control because it is in a residential area but he felt it was a good
idea. He planned to go around to the neighbors that are near that area
to let them ]snow what will be going on. The mayor told them a concern
would be the clean up and possibly they would need to have extra
dumpsters brought in. Paul questioned if the restroom facilities would
handle it. John Millar suggested that she would need to rent ports
potties to be hauled in. John said he would arrange for extra
dumpsters. She said she would arrange for a couple of ports potties. A
motion was made by Nyle Fullmer to approve the Music Concert Festival
in Smith Parlc. Seconded by Paul Pugmire. All Aye
The council told her to touch bases with Captain Lewis of the Rexburg
Police Department.
Introduction of Scouts.
RE: TETON PIPELINE BUSINESS
TOPIC: (23, 8,,,TETON PIPELINE, WATER RIGHTS)
Teton Pipeline Business-
Stephen handed out to the council a tentative lease for Teton
Pipelines. He told the council that he, Jack Hoopes and Roger Hoopes
met with Ron Carlson, District 7 Water Master. Stephen said it is his
opinion that the city is better off entering into a long term lease
with respect to protecting our water rights than the short term leases
that we have been entering into. Probably the moat secure water right
that we have is this 6.5 C.F.S. because we can show a long history of
application for agriculture purposes through the Teton Pipeline. Much
of the other water we have in Rexburg's name, licenses which We have we
would be protecting under the Municipal preservation standpoint where
municipalities have been granted the ability to stock pile water rights
in anticipation of growth. This one we can show where the water has
been going and that it has been put to beneficial use. This is probably
the best thing we have done. His recommendation is that we should enter
into as long a term lease with this group as the council feels
comfortable with simply on the basis that it gives us the best chance
of preserving the water. (discussion) The council discussed leasing the
whole 13 C.F.S. toTeton Pipelines to protect our water rights. Stephen
explained that the lease gives them an option to lease or purchase any
additional waters or basically gives them the right of first refusal
should the lease we have right now with the other water entity in
Rexburg end for any reason Teton Pipelines would have the first right
of refusal to say they want that other 6.5 C.F.S. as well. This could
be addressed later.
A motion was made by Nyle Fullmer pending the final review of our
council and the finalization of the lease he recommended to approve the
25 year lease with Teton Pipelines for the 6.5 C.F.S of water. Seconded
by Marsha Bjornn. All Aye
Nyle Fullmer commented that he felt we should pursue and address the
other 6.5 C.F.S. that Rexburg Irrigation now has. (discussion)
RE: BIDS FOR BOOM TRUCK
TOPZC: (23,9,,,EQUIPMENT,BIDS,TRUCKS)
Bids for Boom Truck - John Millar explained. They advertised for a used
Boom Truck for the city. The one they advertised was one they had
specifically located from Pacific Utility in Salt Lake City. it is a
1996 G.M.C. 4 Wheel Drive V8. The vehicle has 32,000 miles on it. The
Boom Truclc assembly was very low hours. We received only one bid on it
for $34,000. A motion was made by Nyle Fullmer and seconded by Paul
Pugmire to approve the bid as explained. All Aye
RE: MUNICIPAL CODE CODIFICATION ON LINE
TOPIC: (23, 9,,,ORDINANCES, CODIFIED ORDINANCE HOOKS,INTERNET)
Municipal Code Codification on Line- Rose explained all of our
ordinances are codified and put in books. The only books that have been
kept up to date is the one in the city hall and the one the mayor has.
The attorney has one which has not been kept up to date. This would
allow you to look up the ordinances on the computer and it would be on
the Internet. The attorney, myself and the police would like to have
this. Our ordinances are updated once a year by Book Publishing Company
and they could put it on line for us for a lot less money than another
company because they would have to go through and codify all the
ordinances again. Richard said we would have money for this in our next
years budget. Our attorney felt we should have the Folio type. Rose
felt it would be a good idea to have one hard copy so when people come
in to look up ordinances they would not have to use our computer they
could have access to the book. Stephen told the council the advantage
of having Book Publishing Company do this as oppose to another company
is they already have all of our code on their system so they can do it
much cheaper. Right now once a year we send in a copy of all our
ordinances so they can update it.
~. Paul stated he still wanted us to correlate our code with the Idaho
', Code. Stephen told him this would facilitate that transition because we
would have it all on computer and could look up a subject and it would
_..... tell us all the codes we have relating tc that subject and could
thenlook at what state codes relate to that subject and tie in a
reference. (discussion) A motion was made by Paul Pugmire to approve
this transition from hard bound codification to computer codification.
Seconded by Farrell Young. All Aye
/~
RE: PLANNING & ZONING BOARD APPOINTMENT
TOPIC: (23,10,,,PLANNING & ZONING HOP12D)
Mayor Sutherland told the council now we have hired Marilyn Hansen in
the office. She would no longer be on the Planning & Zoning Board. He
has recommended that we replace her with LaDawn Eratsman. A motion was
made by Nyle Fullmer to appoint LaDawn Eratsman as a Planning & Zoning
board member. Seconded by Paul Pugmire. All Aye
RE: RESOLUTION OF TRAFFIC SIGNALS
TOPIC: (23,10,,,TRAFFIC SIGNALS, TRANSPORTATION,IST WEST,MAIN STREET,
STATE TRANSPORTATION DEPARTMENT,HIGHWAY 33,2ND EAST,2ND NORTH)
Resolution on Traffic Signals- John Millar explained we have two
agreements with the Transportation Department. The first one is for the
Traffic Signal we are looking at 1st West and Main. The agreement
basically says we will be responsible for the funding and construction
of the light. It will be done to their standards and they will have
approval of the contract documents and of the final product. Once it is
constructed they will take over maintenance and timing and so forth.
(discussion)
The mayor told the council he had received a letter last week about the
agreement from the state to change the recommendation to change the
next light on 2nd East instead of putting it at 4th North it will be
put at 2nd North. John told the council it is scheduled for next
summers construction.
A motion was made by Nyle Fullmer and seconded by Farrell Young to
approve the agreement with the State on the stop light on 1st West and
Main Street. (discussion) All Aye to the motion. The total cost will be
approximately $150,000 which has been funded through the Redevelopment
Agency. The mayor explained the money for the light was planned from
the beginning of the Eroulims project.
John explained the agreement with the City and the State for the
maintenance of the Traffic Signals on Highway 33 which would be all the
_... signals in the city. The state provides all labor, materials for
maintenance service calls, all lamp replacement and so forth. They will
maintain a parts inventory for routine emergency measures and perform
preventative measures. They will bill the city quarterly for our
portion of those costs. The state will retain ownership of the signal
and equipment. They maintain all the traffic signal timing. The city
will provide all the electricity to maintain the traffic signals and
bill the state on a quarterly basis for all supply of electricity. We
will monitor the pavement to maintain the traffic loops and prohibit
displaying banners or flags or decorations on the signal poles. We will
save harmless the state from expenses that are the city's problem. This
agreement is to be reviewed periodically by request of either party.
Each party will share the cost of maintaining traffic lights. He
explained the agreement further. A motion was made by Nyle Fullmer and
seconded by Paul Pugmire to approve theagreement. All Aye
John explained that the new Signal on 1st West and Main will have a
T.V. camera on each pole which will activate the light. This would
replace the loop detectors.
RE: RAILROAD CROSSING AT 7TH SOUTH
TOPIC: (23,10,;,7TH SOUTH,SOUTH HIGHWAY,YELLOWSTONE HIGHWAY,
RAILROAD CROSSINGS,STATE TRANSPORTATION DEPARTMENT)
Report on 7th South and the RailroadCrossing- John explained we have
''~--- awarded to Zollinger Construction the reconstruction of South
Yellowstone Highway. That is scheduled to start the end of this week.
We had anticipated bidding the traffic signal at the same time on 7th
South and the South Yellowstone Highway. The Railroad and the Highway
Department have a working agreement whether it is a state highway or
not they review that all railroad crossings have to be approved by the
state highway department. In this review it was determined that if we
were going to signalize 7th South and the old highway that a full stop
arm signal would have to be installed at the railroad crossing so we
went ahead and did that without the traffic signal putting in the
Jf
provisions that were needed to assure we wouldn't have to dig up the
road later. We have been working with the railroad since April trying
to get around this and have come up with nothing but dead ends. We have
looked at possibilities of grants and made applications for grants.
Basically the way the funding is right now with railroad crossings if
there ie not a defined need such as fatalities at the intersection or
sight obstructions like there was at 2nd South the chances of getting
it funded are zero. The proposed cost on it is $150,000. The railroad
has total say. We can't bid it or negotiate. They design it and put it
in and send us the bill. Basically we are in a position where we have
to put it in. The mayor explained that he and Sohn feel while we are
doing South Yellowstone we need to do it now at the same time. We will
save $39,000 if we do it now. The South Highway project should be
completed this fall. (discussion)
RE: DISCUSSION OF SAND VS CINDERS
TOPIC: (23,11,,,SANDING,CINDERS,STORM DRAZNS,SNOW REMOVAL)
Sand vs Cinders- John gave the council a handout with the costs of sand
vs cinders. The cost is usually determined by the winter. It proved out
that the cinders are about $12,500 less than the sand. He discussed
advantages. The sand seems to last longer or stay better on the
streets. We do have more clean up with the sand because it does not
deteriorate. We have had quite an accumulation of sand in the storm
drains lines. When we check the one at the Erickson corner this week we
found it to be completely filled with sand so we had the crew with the
vacuum truck down there for one day cleaning it out. On a direct cost
bases cinders appear to be cheaper. Paul asked if we could get another
truck with a blade to clean the streets so we can have better snow
removal. He felt the cinder dirty up the city. He wondered if we could
use the money mare effectively to make the roads safe and passable when
it snows and not dirty up our city. (discussion) The mayor stated that
this is only for the council's information. It was decided that this be
tabled to the next meeting. Discussion on if the snow plowing could be
done more effectively. Paul felt that is one thing we should be good at
is plowing the streets.
RE: REALIGNING 5TH WEST AND SOUTH HIGHWAY
TOPIC: (23,11,,,5TH WEST, YELLOWSTONE HIGHWAY,U.P.& L.,
RAILROAD CROSSING)
John explained to the council that one of things we are looking at
with realigning 5th West where it connects on the old highway is the
chosen alternative which would interfere with the power pole. Because
of the franchising and right-a-way usage it became U.P.& L.'s
responsibility to move that pale. They had given the city a price of
$100,000 when they thought we had to move the pole. When U.P.& L. had
to pay they started asking if there are alternatives? With alittle
redesign we were able to move the road so it did not interfere with the
pole and in doing so it will change the railroad crossing and
the city will incur the cost there. We have gone back to Utah Power &
Light and they say this is very unusual but are willing to look at it.
We have proposed to them that they take that increased cost, it will
save them about $90,000, and will still accomplish the desired
realignment. We are looking at doing the planking similar to Main
Street and have asked Utah Power & Light to pay some of that cost.
RE: INFESTED TREES IN THE CITY
TOPIC: (23,11,,,TREES,SPRAYING,PARIC, 2ND EAST,MAIN ST., CENTER ST.,
2ND SOUTH)
John told the council the mayor has pointed out that our Linden and
Eirch trees have a bad problem with aphid infestation and they had
talked about spraying the trees. The parks and those trees on 2nd East,
Main Center and basically all trees in the city right-a-way we are
responsible for. Bruce said this year is the worst year he has seen for
aphid infestation and explained how serious it is. (discussion by
council) The council felt we should get bids on spraying and spray all
the trees in the parks and right-a-ways.
/ ~7
Farrell Young told the council that on 2nd East and 2nd South you can't
see the stop sign because it is covered by trees. They need to be
trimmed.
RE: REPORT OF SKATE PARK
TOPIC: (23,12,,,SKATE PARK,NATURE PARK, U.S. WEST,SAFETY)
Paul Pugmire reported on the Skate Park progress. He felt there needed
to be a pay phone installed in the Nature Park by the Skate Park. He
had contacted U.S. West and they need from $30 to $40 a month for the
phone and if the phone does not make that amount the city will have to
pay the difference which they will bill us. It can be turned on and off
for the season. He would like to have the wires laid now to put them in
during construction. He felt this would be good because parents take
their ]rids to the skate park and drop them off. This phone would enable
them to call their parents when they are ready to go. It would also be
a safety feature. (Discussion) The council questioned the installation
casts which Paul said he would check on and it could come out of the
cost of the Slcate Park. The council directed Paul to go ahead with it.
Marsha asked questions regarding some of the bills. A motion was made
by Nyle Fullmer and seconded by Marsha Bjornn to approve the bills for
July 22 and August 4. All Aye
RE: UPDATED REPORT ON STOP SIGN AT 2ND EAST AND 1ST SOUTH
TOPZC: (23,12,,,STOP SIGN,2ND EAST, ITT SOUTH, TRAFFIC SAFETY COMMITTEE)
John reported on the Stop Sign on 2nd East and 1st South. A new traffic
count will be done when school starts. The mayor reported he had
checked with several cities and most councils don't get involved in
making decisions on stop signs. Stephen explained if the council makes
the decision on the stop signs it will give the city more liability.
The traffic committee has Captain Lewis and John Millar serving on the
Traffic Safety Committee to make recommendations to them and we have
given the committee the responsibility in work with our engineers to
make the decisions on the traffic control. (discussion) Stephen told
the council they are not the body that should be making the decision on
this stop sign. John explained the State of Idahc has adopted what is
called the M.U.T.C.D.( Manual on Uniformed Control Devises). If we do
our signing in accordance with that manual, we have the protection of
that manual if we follow it. (discussion)
A motion was made by Nyle Fullmer and seconded by Marsha Bjornn to go
into executive session regarding a condemnation issue. All Aye
Regular meeting reconvened.
Meeting adjourned.
~ _
May Bruce L. Sutherland
City Clerk, R~'`~Ba~ ey