HomeMy Public PortalAboutMinutes_City Council Work Meeting_06162020CITY COUNCIL WORK MEETING
IONA CITY HALL
JUNE 16, 2020 6:00 P.M.
PRESENT: Mayor Dan Gubler, Council President Rob Geray, Council Member Michael
Thompson, Council Member Peter Wadsworth, Council Member Kathy McNamara, City
Attorney Andrew Rawlings, Public Works Director Zech Prouse (via teleconference), Treasurer
Amy Sullivan and City Clerk Keri West.
ABSENT: None.
VISITORS: LoAnn Belnap, Scott Kelly and Kevin Casper.
ITEMS OF BUSINESS:
Mayor Gubler entertained a motion. Council President Geray made a motion to add to the agenda
a discussion regarding the depth of the well and approval to dig further due to new information
that was received immediately preceding tonight's meeting. Council Member Wadsworth
seconded the motion. All in favor. Motion carried.
Discussion of Depth of Well and Approval to Dig Further — Mayor Gubler stated when they
were digging the well, they hit water at 265 feet. However, we are currently only getting 800
gallons per minute at a depth of 310 feet. Mayor Gubler continued and stated we are over
halfway of the contracted depth, but we need to double the gallons per minute. He also stated if
they need to add an additional 100 feet, it would cost the City an additional $20,000. Council
President Geray asked Director Prouse his opinion on the situation. Director Prouse said he is
aware of the situation and would rely on the expert's opinion on whether we should invest
additional money to drill further. Council Member Wadsworth asked if 100 feet would be
enough. Mayor Gubler stated we will not know that until we dig an additional 100 feet and see
how much water we are getting at that depth. Mayor Gubler did say there is enough money in the
bond to cover the overage this item requires. Mayor Gubler asked whether the Council wants to
approve the 100 feet and revisit if additional is needed, or if they want to approve it until the
amount is reached. Council President Geray stated he would want to revisit the discussion if they
do not achieve the goal gallons per minute with the additional 100 feet and would want the
engineer at the meeting.
Mayor Gubler entertained a motion. Council Member Wadsworth made a motion to approve the
well driller to go up to an additional 100 feet or up to $20,000 worth of additional drilling.
Motion seconded by Council Member McNamara. All in favor. Motion carried.
Discussion of Water Payment Assistance due to COVID-19 Economic Problems— Mayor
Gubler stated he requested to have this discussion to decide ahead of time if the City is willing to
assist residents with their water bill if they are suffering from negative economic effects from
COVID-19. Council Member Wadsworth stated he would support a policy to help residents get
caught up. Council Member McNamara stated she supports helping residents, but she does not
want people to get relief that really don't need it. Council Member Wadsworth stated he thinks
we need to get a letter or some kind of proof to show a financial hardship. Clerk West stated she
has noticed an increase in delinquent accounts, but has not shut any water accounts off since
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October of 2019. She also stated that when a resident calls and needs help with their bill, the City
does communicate with them and sets up unofficial payment plans to help them get current.
Council President Geray stated he does not see the need to do anything in addition to what is
already being done. He continued and stated he does not want to set that precedent and does not
want to advertise relief and have people abuse it. Clerk West described the shutoff process and
the steps the City takes to avoid shutting water off to homes and businesses. Mayor Gubler stated
it is very reasonable and stated the City will continue allowing Clerk West and office staff to
discuss payment options on an individual basis.
Discussion of Encroachment on Utility Easements — Council President Geray stated he has
reviewed the plat map he received for his neighborhood and noticed how much land is taken
away from the property owners for easements and public right of ways. His desire at this point is
to have a fundamental discussion regarding the amount of enforcement the City wants to take on
public utility easements and so forth. Mayor Gubler said he believes whatever is discussed and
decided needs to be codified for future Council members to continue to enforce. Council
President Geray stated he thinks a lot of these situations are subjective and wants to discuss how
far the City wants to go to enforce encroachments on utility easements and right of ways and
keep it by the book and not appear to be discriminatory. Attorney Rawlings said the City owns
all utility easements and public right of ways. If someone does encroach on a public right of way,
the City can enforce on a case by case basis depending on need and safety. Council President
Geray stated he believes most people are well intended and do not know they are breaking the
City Code by planting a tree or installing a fence on an easement that looks like it is part of their
property. Council Member Wadsworth stated there are already sections of the City Code that
addresses this situation. Council President Geray said if the City Council does not take a harder
look at this; it will cause contention with residents in the future. Mayor Gubler stated it may be a
good idea to require a permit for someone to put up a fence that involves locating the boundaries
of their property. Clerk West stated the City does not determine the boundaries, that is
Bonneville County or a surveyor. Mayor Gubler stated we can have the Public Works
Department or the Building Inspector meet with the resident to determine placement of the fence
and that amount of time will determine the amount of the permit fee. Director Prouse made the
suggestion to add to the existing code something that states property owner will verify property
line prior to installation. He also stated in utility easements, there are multiple utilities that
belong to other entities in addition to the City. Discussion continued regarding fence permits and
installation. Attorney Rawlings stated he would draft an addition to the existing section on
Fences in the City Code for the Council to review next month.
Discussion of Fiscal Year 2021 Preliminary Budget — Mayor Gubler stated he has spoken with
Treasurer Sullivan and requested a budget for the upcoming fiscal year that is frugal to reflect the
current economy. Mayor Gubler also stated he has spoken with Director Prouse regarding the
Public Works Department equipment. He stated the backhoe is covered under a "buy-back"
program that guarantees the company will buy it back at a minimum amount of $65,000. The
original price was approximately $100,000, when purchased five years ago. Mayor Gubler stated
the amount to purchase a new machine with the credit difference is reflected on the preliminary
budget. Mayor Gubler continued and stated there are no other significant projects or equipment
purchases on the Fiscal Year 2021 proposed budget. Mayor Gubler expressed gratitude to
Treasurer Sullivan for her hard work in creating the budget. Treasurer Sullivan stated she has
estimated the amount of revenue from new construction because she is still waiting on the actual
number from Bonneville County. No questions from the Council regarding the preliminary
budget.
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Discussion of Historical District Overlay Zone — Mayor Gubler stated this discussion was
requested over the course of the past year to establish a Historical Zone in the Iona City Code to
protect certain areas of the City and the history they represent from undesirable types of
businesses. Clerk West stated this discussion also took place at the Planning & Zoning Meeting
earlier this month and asked Attorney Rawlings to update the Council on their suggestions.
Attorney Rawlings stated the Planning & Zoning Commission (P&Z) requested to reduce the
subjectivity of the zone. They recommended having measurable objectivity in the zone. Attorney
Rawlings stated the P&Z suggested adding a "Variance" section in the zone as well. Attorney
Rawlings explained to the Council they can choose to either create an entirely new zone as a
Historical District, or they can create an Overlay Zone that works along with current zoning. He
continued and stated he recommends the Overlay Zone method as it creates more flexibility.
However, there is a requirement in the Idaho Code that states for a Historical District to be
established, the City's Historical Preservation Commission needs to conduct a review and issue a
written report. This is required for either zoning method. Attorney Rawlings continued and
confirmed the City does not currently have this Commission and it does need to be independent
from the P&Z. Mayor Gubler instructed Clerk West to add this need to the newsletter and ask for
volunteers.
Discussion of Iona City Code Title 11, Chapter 6, Commercial Zone — Mayor Gubler stated
this is a continued discussed from previous meetings to now include recommendations from the
P&Z. Mayor Gubler stated they added a section for "Prohibited Uses" in the Commercial Zone.
Council President Geray asked whether the City should specifically prohibit certain types of
businesses, or if that makes the City more vulnerable to lawsuits. Council President Geray added
the City already has Conditional Use requirements that enable the City to deny an application.
Attorney Rawlings stated the risk of litigation is similar with a Prohibited Use business section
and a Conditional Use business section. Council President Geray stated he does not think it is
necessary to prohibit certain business types and that it may possibly advertise trouble for the
City. Attorney Rawlings stated when the City is updating the City Code, they are acting in a
legislative capacity. However, when they are considering a Conditional Use Permit, they are
acting in a quasi-judicial capacity. Attorney Rawlings continued and said from a legal
perspective, the City would have a better chance in litigation with a Prohibited Use because there
is no gray area and it is not subjective. All Council Members agreed to leave the Code as is.
Discussion of Iona City Code Title 11, Chapter 12, Off -Street Parking and Loading
Facilities — This item will be discussed at the Regular City Council Meeting immediately
following this meeting due to time constraints.
Meeting Adjourned: 7:01 p.m.
COUNCIL APPROVED: July 21, 2020
ATTEST:
Keri West, City Clerk
Dan Gubler, Mayor
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