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Home My Public Portal AboutMinutes_City Council Meeting_10162018'04 CITY COUNCIL REGULAR MEETING IONA COMMUNITY CENTER OCTOBER 16, 2018 — 7:00 P.M. PRESENT: Mayor Dan Gubler, Council President Rob Geray, Council Member Michael Thompson, Council Member Kathy McNamara, Council Member John Price, City Attorney Andrew Rawlings, Public Works Director Zech Prouse, Chief of Police Karl Bowcutt and City Clerk Keri West. ABSENT: None. VISITORS: Montie Carter, Ashley Pulver, Jeri Carter, Mikeal Carter, Rebecca Powell, John Anderson, Jared Campbell, Sally Price, Cara Black, Greg Black, Jana Hill, Peter Wadsworth. Mayor Gubler welcomed everyone and Council Member McNamara led with the Pledge of Allegiance. A roll call was taken to open the meeting. CONSENT AGENDA: City Council Work Meeting and City Council Meeting Minutes of September 25, 2018 were reviewed. Council reviewed the finance reports for the period ending September 30, 2018 (100% of the fiscal year elapsed). The City had $857,728.28 in the bank and routine bills had been paid, "Exhibit A". Mayor Gubler entertained a motion. Council Member Thompson made a motion to approve the consent agenda as presented. Council President Geray seconded the motion. All in favor, motion carried. AMEND AGENDA: Council President Geray moved to add to the agenda the approval of the agreement for Purchase and Sale of Water Right. The short notice is a result of very recent communications that occurred last night and recent developments that also contributed to it being short notice. Council Member McNamara seconded the motion. The motion was approved by a roll call vote: Council President Geray: YES Council Member Thompson: YES Council Member McNamara: YES Council Member Price: YES ITEMS OF BUSINESS: Water Right Purchase Agreement — Mayor Gubler stated we have the agreement ready for the Purchase and Sale of Water Right. The agreement is to purchase the water right of 1.58 cfs, with a value of $592,000. We have agreed to purchase the water right with two subsequent payments over two years. Mayor Gubler entertained a motion. Council President Geray made a motion to move forward and approve the expenditure for the Agreement for Purchase and Sale of Water Right of 1.58 cfs, with a 10% earnest money deposit of $59,200 and two remaining payments of $266,400 each as 1 outlined in the contract. Council Member Thompson seconded the motion. All in favor. Motion carried. Amendment to the Annexation Agreement for Freedom Field Estates: Council President Geray stated the reason for the amendment is to make sure we have a good connection between the Resolution for the Water Connection Fee and the agreement for Freedom Field Estates. The agreement includes a "sunset clause" for Division 2 of Freedom Field Estates to establish water connections under the previous amount of $4,859. This clause expires Nov. 1, 2022. Attorney Rawlings confirmed Rockwell Homes has not been made aware of the expiration date. Council President Geray stated they will have to sign the agreement after it is passed, thus giving Rockwell the opportunity to read through the agreement and communicate any concerns. Mayor Gubler recommended Attorney Rawlings to contact Rockwell with the agreement and inform them of the expiration date. Mayor Gubler entertained a motion. Council President Geray made a motion to approve the First Amendment to the Annexation Agreement for Freedom Field Estates as presented. Council Member Thompson seconded the motion. All in favor. Motion carried. General Water System Discussion: Mayor Gubler stated this discussion was completed at the Work Meeting. No further questions or comments at this time. Annual Iona Trunk or Treat: Mayor Gubler stated the Trunk or Treat will be held on October 31st at 5:30 p.m. and the City will be distributing hot chocolate and doughnuts. The Mayor's Youth Advisory Council (MYAC) is planning to help with the event. Clerk West stated she has talked to Chick-fil-A and they have offered to donate 100 free kids meal coupons, so that will be another thing we can hand out, in addition to candy and hot chocolate. Veteran's Day Program: Council President Geray stated he has followed up with Senator Brent Hill and he has accepted our invitation to be our keynote speaker for the Veteran's Day Ceremony. It is scheduled for Saturday, November 10th at 11:00 a.m. More details will be available in the coming weeks and will be published in the November newsletter. Public Hearing — Conditional Use Permit- Rebecca Powell, In -Home Daycare: Rebecca Powell approached the podium and requested a Conditional Use Permit for an in -home daycare. She is planning on continuing the process to obtain her state licensing and a permit from the City is required to do so. Mayor Gubler asked if anyone in the audience had any questions. No comments. He continued by asking if anyone in the audience was opposed. No comments. He asked if anyone in the audience was in favor; seven people raised their hands in favor. Mayor Gubler closed the Public Hearing portion of this agenda item. Mayor Gubler stated normally traffic is a concern for in -home daycares. He doesn't believe traffic will be an issue for this situation with the location of her property being on the end of a road and Mrs. Powell has stated she would only watch 6-8 children. Attorney Rawlings stated in the City Code, the maximum number of children allowed is 12. 2 en,s Mayor Gubler entertained a motion. Council President Geray made a motion to approve the Conditional Use Permit for Rebecca Powell as outlined, with the stipulation to not exceed 12 children. Council Member McNamara seconded the motion. All in favor. Motion carried. Public Hearing — Conditional Use Permit- Montie Carter (Ashley Pulver), In -Home Daycare: Montie Carter stated he is the homeowner, but his girlfriend, Ashley Pulver, will be the one running the daycare out of their shared home. Ashley Pulver approached the podium and stated her desire to stay home with her children and provide childcare for friends and neighbors. She is aware there have been complaints against her having a daycare and she is now aware of rules that she had unintentionally not been following. Mayor Gubler asked the audience if anyone had any concerns. Neighbor Greg Black asked if there is any regulation regarding fencing for in -home daycares. Mayor Gubler confirmed the City has no regulation, but there may be from the State. Ms. Pulver stated the State requires fencing if you have above 6 children. She admitted that she previously had more than 6 children, but wasn't aware it was against regulations. She has since reduced her children to 6. Neighbor Jana Hill expressed concern regarding traffic. As a working mother, her children walk home from school and adding more vehicles in their cul-de-sac creates a more dangerous situation for the children in the neighborhood. The vehicles are parking on the sidewalks and in the swales, creating blind spots for drivers. Mr. Carter stated 4 out of the 6 kids she babysits live in their cul-de-sac, so those kids do not add any additional traffic. Mr. Black stated his biggest concern is the kids being allowed to play in the street and out in front of the house with little supervision. If there was a fence to keep the kids contained in the backyard, he would have no other concerns. Mr. Carter confirmed they have plans to put up a vinyl fence in the spring of 2019. Mayor Gubler asked if anyone opposed the Conditional Use Permit. One person raised their hand to oppose and one letter was received from someone who could not be in attendance. Mayor Gubler stated with a Conditional Use Permit, the City Council can impose certain conditions or restrictions when approving these permits. Council Member Thompson recused himself, as the applicants are his next door neighbors and that creates a conflict. Mayor Gubler told Council Member Thompson he cannot comment at all, even during the public comment portion now that he has recused himself. Mayor Gubler asked the audience if anyone was in favor. Seven people raised their hand, in addition to seven letters received in support of Ms. Pulver from people that could not be in attendance. Mayor Gubler closed the Public Hearing portion of this agenda item. Council Member McNamara stated she feels as though the applicant found out the things she was noncompliant with and has tried to rectify those issues. Council President Geray stated his concern for a daycare provider that has been behind on learning the City Code and regulations relating to childcare. He discussed concern for the kids being allowed to play in the street and in the front yard without supervision, despite permission from their parents. He continued by stating concern brought up by a neighbor that the applicant has 4 dogs without a kennel license. Mr. Carter confirmed they do have a non-commercial kennel license, issued by the City of Iona almost 2 years ago. Council President Geray stated this is a business. It needs to look professional and safe for children to be there. He continued by stating that if this permit is approved he will recommend to our local police department to make routine visits to the neighborhood. Chief Bowcutt stated he has been to their house twice, but there have never been any official complaints. There was a call to a city official that warranted a visit regarding a trailer parked in the swale, but the trailer was moved the next day. He also stated he has not seen anything there that has caused him concern. Council Member Price voiced concern for the 3 children not being supervised in the front yard and road. Ms. Pulver stated the kids' safety is a priority. She has already begun the process to be State certified and has installed many safety precautions in the home. She also stated she has been visited 3 times by a representative from the State and the report states the claims were unsubstantiated. Clerk West stated those reports are in the packet. Attorney Rawlings stated the Council can add certain provisions when approving the permit. Council President Geray advised the applicants to really understand the City Ordinances relating to parking, daycare and anything else that may be of concern to neighbors. He also warned that if any complaints or concerns of ordinances being broken are brought to the City's attention, the City Council can repeal the permit. Council Member McNamara stated concern that the same questions were not brought up in the previous permit for Rebecca Powell's daycare. Council President Geray stated he knows the Powell's have a fence and they also did not have any complaints against them, warranting a deeper discussion. Mayor Gubler entertained a motion. Council President Geray made a motion to approve the Conditional Use Permit for Ashley Pulver and Montie Carter as provided subject to a limitation of 12 children as previously outlined. Council Member McNamara seconded the motion. The motion was approved by a roll call vote: Council Member Price: ABSTAIN Council President Geray: YES Council Member McNamara: YES Public Hearing — Conditional Use Permit- Stoneridge Construction, split lot to build two patio homes: John Anderson with Stoneridge Construction approached the podium and requested a Conditional Use Permit for the lot they own in the R-T Zone. They would like to split the lot into two .15 acre lots and build a patio home on each lot. The lot is already surrounded by patio homes and townhomes. Mayor Gubler asked if anyone in the audience opposed. No comments made. He continued by asking if anyone was in favor. No comments made. Mayor Gubler closed the Public Hearing portion of this agenda item. Council Member Price asked what the lot sizes are of the surrounding patio homes and townhomes. Mr. Anderson confirmed they are the same size he is requesting, .15 acres. Mayor Gubler gave insight that a few years ago the City Council granted permission to have lots split into two to have patio homes built. All of the lots in this area were changed to a zoning of R-T. He continued by stating the requested permit is approved in the R-T Zone. This is the last lot in that area to be built. Mayor Gubler entertained a motion. Council Member Thompson made a motion to approve the permit for Stoneridge Construction to split the lot at 4762 Denning Ave to build two patio homes as outlined. Council President Geray seconded the motion. All in favor. Motion carried. Public Hearing — Water Connection Fee Increase to $6,944: Mayor Gubler stated this was a tabled discussion from last month to update the Resolution to resolve the situation with Rockwell Development on Division 2 of Freedom Field Estates. He further explained the $6,944 was the median amount represented on the water system appraisal. 4 Mayor Gubler entertained a motion. Council President Geray made a motion to approve the Resolution pertaining to the Water Connection Fees, raising the standard water connection fee to $6,944 per EDU, as outlined in the Resolution. Council Member Thompson seconded the motion. The motion was approved by a roll call vote: Council President Geray: YES Council Member Thompson: YES Council Member McNamara: YES Council Member Price: YES Public Hearing — Repeal and Replace Title 10, Chapter 1 of the City Code, Subdivision Ordinance: Mayor Gubler stated this was tabled from last month's meeting to allow more time for the Council to review. Attorney Rawlings did state there were some revisions made after he received input from Council President Geray. Those revisions are included in the provided version. No further discussion. Mayor Gubler entertained a motion. Council Member Thompson made a motion to approve the Ordinance of the City of Iona, Idaho; repealing and reenacting Chapter 1, Title 10 of the Iona City Code relating to subdivisions and City approval of plats; providing for preservation of prior Ordinances; providing for severability; and establishing an effective date. He also moved to dispense with the rule of reading the ordinance in full and on three separate occasions. Council President Geray seconded the motion. The motion was approved by a roll call vote: Council President Geray: YES Council Member Thompson: YES Council Member McNamara: YES Council Member Price: YES Business License Application — Rebecca Powell, In -Home Daycare: Mayor Gubler stated we have already discussed the daycare during the Conditional Use Permit Public Hearing. No further discussion. Mayor Gubler entertained a motion. Council Member Thompson made a motion to approve the application for a business license for Rebecca Powell for an in -home daycare. Council Member McNamara seconded the motion. All in favor. Motion carried. Business License Application — Ashley Pulver, Ashley's Daycare: Mayor Gubler stated we have also discussed the daycare for Ashley Pulver during the Conditional Use Permit Public Hearing. Council Member Thompson recused himself from discussion and voting. Mayor Gubler entertained a motion. Council Member McNamara made a motion to approve the business license application for Ashley's Daycare. Council President Geray seconded the motion. All in favor. Motion carried. Presentation of City Plaque & 10 Minute Recess for Council Member John Price: Mayor Gubler stated Council Member John Price will no longer be a City Council Member, as he and his wife will be leaving the country in November for 2 years to serve a church mission. He 5 expressed his gratitude and presented him with his picture and name plate. Clerk West announced refreshments are available following the meeting. STAFF REPORTS: Clerk West reported she has begun the process for the LHTAC Children's Pedestrian Safety grant. She is gathering five letters of recommendation to add to the application. The deadline is December 6, 2018. Chief Bowcutt and Director Prouse stated nothing to report. Council President Geray, Council Member Price and Council Member Thompson stated nothing to report. Council Member McNamara stated she has talked to the directors of the museum regarding the Council's desire to no longer donate money to the museum. Council President Geray stated the new director has also talked to him and he advised her to develop a plan prior to requesting any additional funds. Clerk West also stated she has requested to be on a future City Council agenda to request funds. No date has been specified. SUGGESTED AGENDA ITEMS: Mayor Gubler asked the audience if anyone had any suggested agenda items for next month's meeting. No comments made. Meeting Adjourned at 8:08 p.m. COUNCIL APPROVED: November 20th, 2018 ATTEST: eri West, City Clerk Dail Gubler, Mayo 6 City of lona Check Register - lona Page: 1 Check Issue Dates: 9/1/2018 - 9/30/2018 Oct 02, 2018 03:04PM Report Criteria: Report type: Summary GL Period Check Issue Date Check Number Payee Description GL Account Amount 09/18 09/06/2018 15812 09/18 09/06/2018 16181 09/18 09/10/2018 16182 09/18 09/11/2018 16194 09/18 09/11/2018 16195 09/18 09/11/2018 16196 09/18 09/11/2018 16197 09/18 09/11/2018 16198 09/18 09/12/2018 16199 09/18 09/11/2018 16200 09/18 09/11/2018 16201 09/18 09/11/2018 16202 09/18 09/11/2018 16203 09/18 09/11/2018 16204 09/18 09/11/2018 16205 09/18 09/11/2018 16206 09/18 09/11/2018 16207 09/18 09/17/2018 16208 09/18 09/21/2018 16209 09/18 09/21/2018 16210 09/18 09/21/2018 16211 09/18 09/21/2018 16212 09/18 09/21/2018 16213 09/18 09/21/2018 16214 09/18 09/24/2018 16215 09/18 09/25/2018 16221 09/18 09/25/2018 16222 09/18 09/25/2018 16223 09/18 09/25/2018 16224 09/18 09/25/2018 16225 09/18 09/25/2018 16226 09/18 09/25/2018 16227 09/18 09/25/2018 16228 09/18 09/25/2018 16229 09/18 09/25/2018 16230 09/18 09/25/2018 16231 09/18 09/25/2018 16232 09/18 09/25/2018 16233 09/18 09/26/2018 16234 09/18 09/26/2018 16239 09/18 09/26/2018 16240 09/18 09/27/2018 16241 09/18 09/27/2018 16242 09/18 09/27/2018 16243 Grand Totals: Summary by General Ledger Account Number WESTERN RECYCLING - CURBSIDE EDEN VALLEY FOOD & FIREARMS ALLEN ELDRIDGE ASSOCIATION OF IDAHO CITIES BONNEVILLE CO. SOLID WASTE BONNEVILLE COUNTY PROSECUTOR'S OFF INTERMOUNTAIN GAS CO. IONA BONNEVILLE SEWER DISTRICT LEIF DUNCAN NETBACK, LLC PEAK ALARM PSI ENVIRONMENTAL REiC SCREEN GRAPHICS, INC. UNIFORMS 2 GEAR VERIZON WIRELESS WESTERN RECYCLING - CURBSIDE GREG MCBRIDE BONNEVILLE COUNTY PUBLIC WORKS DIGLINE, INC. IONA FOOD MART PORTER'S OFFICE PRODUCTS ROCKY MTN. POWER JOHN ANDERSON ALLEN ELDRIDGE BISCO BLACKFOOT CABLE ONE CHEMSEARCH CONRAD & BISCHOFF INC. ENERGY MANAGEMENT CORPORATION POST REGISTER R LIT t-FiS PRO RENTAL & SALES, INC. SMITH CHEVROLET STUCK! CONSTRUCTION TETON MICROBIOLOGY LAB UNIFORMS 2 GEAR WEX BANK AMMON PLUMBING SERVICE H-K CONTRACTORS, INC. SCREEN GRAPHICS, INC. JARED FLETCHER RMT EQUIPMENT ROADAPPLE TROLLEY Recycling bin Glock Firearms (2) Building inspections Federal Water Quality Coalition M County Dump refuse Qtrly. Retainer Services Natural gas Splash Park sewer fees Reimbursed credit -closed water a Office PC's backup Qtrly Security alarm monitoring Dumpster-3548 N. Main - A LL Maint. repair parts City Logo clothing-1 Police equipment "- UY1 (/)YYn Cell phones Recycling bin Mechanical Inspections Gravel delivered-3 loads Locator -Utilities Bottled Water- 4 cases Toner - 041'C Sup+„'e5 Street Lights - A I I povi r Reimburse Plat fee -should have b Building inspections Tools Telephones Internet Boiler water treatment program Unleaded gas a' red dicSe Service Well # 1 & Well #3 Gener PH -Water Connection fee Stump Grinder Public Works Chevy serviced 4735 Freedom Circle finish drive - Water tests Police -uniform Police -Fuel Repaired City Bldg. bathroom fixtu Asphalt City Bldg. Parking Lot & MYAC T-shirts lona Day Balloon artist Lawn mower tire Parade & Trolley Rides 514150 30.00- V 104690 1,050.00 104720 600.00 514150 30.00 104710 145.00 104680 300.00 514175 65.92 104710 84.00 011075 .00 V 514150 75.00 514150 113.80 104710 203.97 104710 28.41 104150 63.16 104690 869.94 104690 493.42 104150 51.00 104720 270.00 104710 1,110.00 514710 32.22 104710 21.96 104150 393.27 104175 7,580.76 104790 300.00 104720 900.00 104710 23.00 104150 223.99 104150 142.31 514710 204.17 104710 1,664.42 514710 620.42 104155 239.10 104710 1,162.98 104710 1,230.82 514820 1,420.00 514710 75.00 104690 89.47 104690 560.86 104710 140.00 104820 15,825.00 104760 129.03 104770 125.41 104710 170.63 104770 300.00 39,098 44 M = Manual Check, V = Void Check City of Iona Check Register - Iona Page: 2 Check Issue Dates: 9/1/2018 - 9/30/2018 Oct 02, 2018 03:04PM GL Account Debit Credit Proof Grand Totals: Dated: 01-1075 25.00 25.00- .00 01-2010 25.00 25.00- .00 10-2010 15.00 29,282.51- 29,267.51- 10-41-50 767.23 15.00- 752.23 10-41-55 239.10 .00 239.10 10-41-75 1,050.48 .00 1,050.48 10-46-80 300.00 .00 300.00 10-46-90 2,761.02 .00 2,761.02 10-47-10 5,644.84 .00 5,644.84 10-47-20 1,796.54 .00 1,796.54 10-47-60 129.03 .00 129.03 10-47-70 425.41 .00 425.41 10-47-90 300.00 .00 300.00 10-48-20 15, 825.00 .00 15, 825.00 10-49-60 43.86 .00 43.86 51-2010 15.00 9,845.93- 9,830.93- 51-41-50 305.22 15.00- 290.22 51-41-75 6,477.82 .00 6,477.82 51-47-10 1,642.89 .00 1,642.89 51-48-20 1,420.00 .00 1,420.00 39,208.44 39,208.44- .00 �r /,6 20/ 6 Report Criteria: Report type: Summary M = Manual Check, V = Void Check