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HomeMy Public PortalAboutMinutes_City Council Regular Meeting_06162020CITY COUNCIL REGULAR MEETING IONA CITY HALL JUNE 16, 2020 -7:00 P.M. PRESENT: Mayor Dan Gubler, Council President Rob Geray, Council Member Michael Thompson, Council Member Peter Wadsworth, Council Member Kathy McNamara, Public Works Director Zech Prouse (via teleconference), City Attorney Andrew Rawlings and City Clerk Keri West. ABSENT: Treasurer Amy Sullivan. VISITORS: LoAnn Belnap, Scott Kelly, Kevin Casper, Delbert Sorenson, Whitnie Brown, Betty McKinlay, Jeff McKinlay, Larie Elliott, Gary Elliott, Clip Holverson, Jolyn Louk, Jaime Scott, Doug Caldwell, Terri Caldwell, Bill Koester and Kathy Koester. Mayor Gubler welcomed everyone and Council Member Thompson led the Pledge of Allegiance. A roll call was taken by Clerk West to open the meeting. CONSENT AGENDA: City Council Regular Meeting Minutes of May 19, 2020 were reviewed. Council reviewed the finance reports for the period ending May 31, 2020 ( 67% of the fiscal year elapsed). The City had $865,300.51 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. ITEMS OF BUSINESS: Business License Application, John Empey, Ernie's Cafe -Clerk West stated Mr. Empey has not completed all required inspections to obtain his business license. This item will be postponed until the next Regular City Council Meeting in July. Discussion of Revocation of Business Licenses for Main Street Sales and Frank's Truck & Auto -Clerk West stated Main Street Sales paid their business license fee today. However, nothing has been received from Mr. Stanger for Frank's Truck & Auto. Clerk West stated she has sent numerous letters and has received no response. Mayor Gubler recommended the revocation of the Business License for Frank's Truck & Auto due to no license fee paid for 2020. All Council Members agreed. Discussion of Historical District Overlay Zone -Mayor Gubler explained this was discussed in the Work Meeting prior to this meeting. Discussion of Iona City Code Title 11, Chapter 6, Commercial Zone -Mayor Gubler explained this was discussed in the Work Meeting prior to this meeting. Discussion of Iona City Code Title 11, Chapter 12, Off-Street Parking and Loading Facilities -Clerk West stated this item was originally brought up due to a commercial prospect 1 earlier this year. The Planning & Zoning Commission (P&Z) reviewed this section of the Iona City Code to update it considering future possible commercial businesses. Attorney Rawlings stated he attended the P&Z Meeting earlier this month and shared their minor recommendations pertaining to parking requirements in the Commercial Zone. The Council discussed specifics such as types of trees and height of fences allowed as buffers. Council President Geray stated he supports the P&Z's effort to improve the City Code and would like to see their recommendations drafted and redlined. Attorney Rawlings agreed to draft an ordinance to update this section of the City Code. Public Hearing, Conditional Use Permit Application, Scott Kelly, New Self-Storage Facility located on vacant Commercial lot on Main Street -Mayor Gubler stated this item was presented in the past and was denied by the City Council. Mayor Gubler requested Attorney Rawlings to read the conclusion for the prior application presented in December 2019. Attorney Rawlings read the Conclusions of Law from the prior denial. He continued and stated this was the denial issued on the previous application and tonight the City Council will be voting on a new and separate application. Mayor Gubler asked Mr. Scott Kelly to approach the podium and introduce his application. Mr. Kelly addressed the City Council and audience members and stated he would like to build a self-storage facility on his vacant Commercial lot on Main Street. Mr. Kelly stated he has included a few features to his new application. He continued and stated he has added a privacy fence to his design and neutral colors of the buildings as requested by the Council at the previous meeting. Mr. Kelly expressed his desire to show the residents and City Council of Iona that he understands their concerns and is willing to adapt his design to address their concerns. Mr. Kelly also stated his opinion that someone from the community should have purchased the land before he did, if they were concerned with what type of business would go there. Mr. Kelly continued and stated his family has been successful in the storage unit business for over 21 years. Mr. Kelly stated there are two existing local facilities with a total of 96 enclosed units and they are almost always full. He expressed his opinion that more storage units are needed in this area. He continued and stated 95% of storage unit users rent units within 5 miles from their home. He stated this business is essential and desirable to many people in the area that will use the storage units. Mr. Kelly also stated this is a desirable business because it has no air pollution, very little noise pollution, little impact on public utilities and low amount of traffic. Mayor Gubler reminded Mr. Kelly the reason this was previously denied was because the location on Main Street was not desirable. Mr. Kelly stated there are manufactured homes, car lots and a cafe all around his lot. He continued and stated all the homes near his lot are a non-conforming use on a Commercial lot. He expressed his desire to run a commercial business on a lot that has been zoned Commercial. Council Member Thompson stated his opinion from the previous meeting was the storage units should not be facing Main Street and included that has not been changed on the new application and design. Mr. Kelly replied and said it was also suggested to add a fence and he did not see the need to redesign the storage unit placement if they would be behind a fence. Council Member Wadsworth pointed out that a fence along Main Street was also not added to this updated application. Mr. Kelly stated the City Council can add that as a requirement for a Conditional Use. 2 Mayor Gubler opened the Public Hearing portion of the meeting. He also stated Mr. Kelly did submit a petition with 44 signatures of Iona residents that approve this business proposal. He continued and stated the City also received a petition with 432 signatures that are against this business proposal. Delbert Sorenson of 5276 E. Hansen Avenue approached the podium and stated he is still against this proposal on Main Street. Mr. Sorenson added that the current condition of the lot is overgrown with weeds. He does not believe the applicant will maintain the storage units properly if he cannot control the weeds now. Mr. Sorenson also referenced the petitions that were signed as a clear indication the residents do not want storage units on Main Street. Larie Elliott of 5462 E. Rockwood A venue approached the podium and stated she also put an offer in on the property before Mr. Kelly purchased it, but was outbid. She also stated she has contacted him directly and offered to purchase the lot, but was quoted a price higher than the original amount paid. Mrs. Elliott also stated as a business person, Mr. Kelly did not do his homework on what would be allowed on this lot prior to purchasing it. Scott Brighton of 3543 N. Main Street approached the podium and voiced his support for Mr. Kelly's self-storage facility if they are aesthetically pleasing. He stated it would be a better use than an empty lot. He also stated there are worse businesses than a storage unit facility. Don Clip Holverson of 5111 E. Free A venue approached the podium and stated he supports property rights. However, he acknowledges zoning laws and permits are in place for a reason. He also stated Mr. Kelly should have done more research prior to purchasing the property. Mr. Holverson stated he does not support this use on Main Street. He also expressed concern over the upkeep of the property. Whitney Brown of 4164 N. 55 th East approached the podium and stated she currently rents from Mr. Kelly's existing storage facility on 1st Street and she can attest his facility is very clean and well kept. Ms. Brown asked why this property was zoned Commercial. Mayor Gubler explained the history of the City's zoning, City Code and Comprehensive Plan. Mayor Gubler also stated the Planning & Zoning Commission is currently updating the Comprehensive Plan. Ms. Brown expressed her desire to see the City grow and invite businesses to come to Iona. Jolyn Louk of 5428 E. Rockwood A venue approached the podium and stated she is not in favor of this business on Main Street. She also expressed her confidence in the City Code and Clerk West that would have spelled out the requirements and process for Mr. Kelly to build storage units in Iona. She urged the Council to do what is right for the community and not just one person. Betty McKinlay of 5315 E. Owens Avenue approached the podium and stated her backyard is next to the lot being discussed and she does not want storage units in her backyard. She also voiced concern over the trees being removed on Main Street for storage units. Doug Caldwell of 5609 E. Iona Road approached the podium and stated he owns the storage units on the east side of town on Iona Road. Mr. Caldwell stated he lives next door to his storage 3 unit facility because it takes a lot of effort to keep storage units clean, maintained and safe. He also added there are times there is a significant amount of traffic going in and out of his facility. He concluded and said he agrees storage units are needed, but he does not agree with them being on Main Street in Iona. Mr. Caldwell also addressed the occupancy and stated they frequently fluctuate in numbers and he has not seen a pattern. Clerk West stated Mr. Kelly now has the opportunity to rebut any testimony or concerns brought up by the public. Mr. Kelly addressed the weeds concern and said it is difficult to maintain without any water yet. He added that he has hired someone to take care of the weeds and is waiting for him to become available. Mr. Kelly addressed the petitions and stated he works full-time and was not able to obtain more signatures on his petition, unlike the petition against his application. Mr. Kelly also stated the lot has been empty for 100 years and he would like to put something nice there and plans to keep it in his family. Mr. Kelly added his existing facility on 1st Street is well kept and this new one in Iona would be also. Mayor Gubler closed the Public Hearing portion of the meeting to allow the City Council to deliberate. Council Member Wadsworth stated he does not see any improvements to the design that relate to the elements he was concerned about at the previous meeting. Therefore, he still does not support this application. Council Member Thompson agreed and said he also does not see any updates implemented in the new design. He also expressed concern for the amount of work this will add to Mr. Kelly when he already does not have time to mow the weeds or obtain signatures. Council Member Thompson stated his opposition to a storage facility on Main Street and does not see any design improvements that overwhelm him to change his opinion. Council Member McNamara stated she opposed his previous application and has not changed her mind on this application. Council President Geray informed the audience the next item on the agenda is a business license for Mr. Scott Kelly to operate a used auto sales business on the same lot in the event the Conditional Use Permit is disapproved. He added that a storage unit facility requires a Conditional Use Permit and the City Council is able to issue requirements in order to approve. However, a used auto sales business is a Permitted Use in the Commercial Zone and does not necessarily allow the City Council to demand certain requirements. Council President Geray also stated he appreciates the petitions, but is hesitant to believe all the residents that signed would prefer a used car lot over storage units. Council President Geray stated he supports the Conditional Use Permit for storage units to maintain control and help regulate the design. Council Member Thompson stated Mr. Kelly's existing location on 1st Street has a storage unit facility and a used car sales in the front. Council Member Thompson said if they approve the storage units, Mr. Kelly could come back and request a business license for the used auto sales and do both businesses in the lot. Council President Geray stated the Council could add that as a condition for the Conditional Use Permit that only one business can be performed on the lot. Council Member Wadsworth stated he trusts that Mr. Kelly will maintain the property. However, his opinion remains that Main Street is not a good location for storage units. 4 Mayor Gubler entertained a motion. Council Member Wadsworth made a motion to disapprove the application for a Conditional Use Permit for storage units based on Iona City Code § 11-8-2 (B)(C)(D), subject to a written decision by the City Council at a later time. Council Member Thompson seconded the motion. A roll call vote was taken: Council Member Wadsworth: YES Council Member Thompson: YES Council President Geray: NO Council Member McNamara: YES Business License Application, Scott Kelly, Kelly's Screaming Deal Auto Sales -Mr. Kelly approached the podium and stated he would like to do a commercial business on his commercial property on Main Street. The only two businesses he is familiar with are storage units or used auto sales. Since his storage unit application was denied, he would like to run a used auto sales business on this lot. Mayor Gubler confirmed there will be fencing on three sides of the business and an office that will require a building permit. Council Member Thompson asked how many trees would be removed from Main Street for this business. Mr. Kelly confirmed only one tree would be removed on the City property on Main Street, but all the other trees on his actual property would be removed. Mayor Gubler entertained a motion. Council President Geray made a motion to approve the Business License for Scott Kelly's used auto sales. Council Member Wadsworth seconded the motion. A roll call vote was taken: Council Member Wadsworth: YES Council Member Thompson: YES Council President Geray: YES Council Member McNamara: YES General Water System Discussion -Mayor Gubler updated the public and stated the contract for the new water tank had an approved depth of the well. However, the amount needed to be increased because there was not sufficient water supply at the contracted depth. He stated the current depth is 360' and the Council has approved an additional 100'. This will cost the City an additional $20,000, but that is within the original loan amount. Mayor Gubler also stated Knife River has agreed to take care of all their obligations previously discussed. STAFF REPORTS: Clerk West stated last year the City received $125,000 in 2019 for the Child Pedestrian Safety Grant. However, we just received an additional $41,000 when the funding agency closed their books and had extra money from other projects that was not utilized. Clerk West stated she has received many phone calls from concerned residents regarding the grass at Iona City Park. Director Prouse stated they have had sprinkler issues that will be getting fixed this week. Clerk West also stated Treasurer Sullivan will be retiring July 22 nd • She also stated the City will be hiring a part-time Office Assistant in early July. Lt. Kevin Casper stated there have been no major crimes lately. The main calls coming in from Iona are related to speeding and minor mischief at Iona City Park. He continued and stated they are working on acquiring a radar trailer that will be used specifically in Iona to help reduce the amount of speeding. Mayor Gubler stated his appreciation for the Bonneville County Sheriffs Office (BCSO) and the good job they have been doing in the City of Iona. Clerk West asked when there will be a dedicated officer in Iona. Lt. Casper stated they have had two different officers assigned to Iona that were involved in shootings in other areas. That has pushed back the 5 ability to have a dedicated officer in Iona. He continued and stated they are trying to readjust and designate an officer soon. He added there are two officers that have been spending a lot of time here during the summer and they plan to be here until September, when school is back in session. Clerk West stated the contract with BCSO included Code Enforcement and that is difficult to do without someone familiar with the City Code here regularly. Lt. Casper requested assistance from the City on Code Enforcement and what specific things to watch for and regulate. Lt. Casper advised the City to ensure there are codes and fine schedules in place to allow them to issue citations for City Code Violations. Council President Geray, Council Member Wadsworth and Council Member Thompson had nothing to report. Council Member McNamara stated the Iona Historical Museum will open on July 11 th with a yard sale. She also stated the museum will be open after that by appointment only. Attorney Rawlings stated he has been working with Clerk West to update all of the City applications and most of them are ready to be implemented. However, there are a few that will need to be approved by the City Council at next month's meeting. Director Prouse stated nothing to report. SUGGESTED AGENDA ITEMS: Mayor Gubler requested to revisit the discussion to add a stop sign on Olsen Avenue at next month's meeting. Meeting Adjourned at 8:52 p.m. COUNCIL APPROVED: July 21, 2020 ATTEST: &,u· u. V 'Keri West,City Clerk Dan Gubler, Mayor 6 City of Iona Check Register -Iona Page: Check Issue Dates: 6/1/2020 -6/30/2020 Jun 30, 2020 03:45PM fl" Report Criteria: Report type: Summary GL Period Check Issue Date Check Number Payee Description GLAccount Amount 06/20 06/01/2020 17650 ALLEN ELDRIDGE Building inspections 104720 400.00 06/20 06/01/2020 17651 GREG MCBRIDE Mechanical Inspections 104720 663.96 06/20 06/03/2020 17659 DOME TECHNOLOGY Iona North Water Tank Project 514820 18,031.00 06/20 06/03/2020 17660 FORSGREN ASSOCIATES, INC. Water Tank Project 514180 10,977.88 06/20 06/03/2020 17661 AMERICAN CONSTRUCTION SUPPLY & REN 2 bags Limestone 104710 16.00 06/20 06/03/2020 17662 BONNEVILLE COUNTY PUBLIC WORKS Signage/Labor-Scoresby Westbou 104710 239.41 06/20 06/03/2020 17663 CINTAS FIRST AID & SAFETY First Aid Kit refilled-Office 104150 64.74 06/20 06/03/2020 17664 CITY OF IONA City water usage/bill 104710 539.00 06/20 06/03/2020 17665 CORE&MAIN Weed barrier fabric 104710 385.30 06/20 06/03/2020 17666 H.D. FOWLER CO. Water meters parts 514820 1,348.23 06/20 06/03/2020 17667 LANDON EXCACATING, INC. Asphalt patch-HansenAve. 104710 952.00 06/20 06/03/2020 17668 NAPA AUTO PARTS Battery, alternator, & tailgate handl 514710 455.58 06/20 06/03/2020 17669 PEAK ALARM Qtrly Security alarm monitoring 104150 117.78 06/20 06/03/2020 17670 PORTER'S OFFICE PRODUCTS Disinfectant wipes 104150 18.78 06/20 06/03/2020 17671 POST REGISTER Public Notice: Kelly CUP 104155 59.20 06/20 06/03/2020 17672 TETON MICROBIOLOGY LAB Water tests 514710 100.00 06/20 06/03/2020 17673 STATE INSURANCE FUND Workmen's Comp. Policy 104720 7,250.00 06/20 06/03/2020 17674 TMC CONTRACTORS INC. 1-2" load rock 104710 97.13 06/20 06/10/2020 17675 INTERMOUNTAIN GAS CO. Natural gas 104175 213.70 06/20 06/10/2020 17676 NETBACK, LLC Office PC's backup 104150 75.00 06/20 06/10/2020 17677 PC PLUS Office IT Services 514150 281.25 06/20 06/10/2020 17678 PSI ENVIRONMENTAL Dumpster-3548 N. Main 514710 251.35 06/20 06/10/2020 17679 REiC Retaining ring 104710 93.84 ~ 06/20 06/10/2020 17680 TETON COMMUNICATIONS, INC. Well Scada Phase fail alarm repai 514710 39.00 . 06/20 06/10/2020 17681 VERIZON WIRELESS Cell phones 514150 316.92 06/20 06/11/2020 17682 WATER DISTRICT 120 Water Right Transfer Application f 514820 1,060.00 M 06/20 06/15/2020 17683 ALLEN ELDRIDGE Building inspections 104720 1,255.00 06/20 06/15/2020 17684 GREG MCBRIDE Mechanical Inspections 104720 760.00 06/20 06/16/2020 17690 DANNY FERGUSON Purchase used Power washer 104710 600.00 06/20 06/17/2020 17691 BONNEVILLE CO. SOLID WASTE County Dump refuse 104710 40.00 06/20 06/17/2020 17692 CHEMSEARCH Boiler water treatment program 514710 204.17 06/20 06/17/2020 17693 CONRAD & BISCHOFF INC. Diesel Fuel-Dyed Jun fett.fd 514710 1,336.29 06/20 06/17/2020 17694 FORSGREN ASSOCIATES, INC. Eng. support-BMPO work mtg. 104163 1,050.00 06/20 06/17/2020 17695 H.D. FOWLER CO. Water meter parts 514820 246.83 06/20 06/17/2020 17696 UTILITY SERVICES ASSOCIATES, LLC Water line survey & Pinpointing Pr 514710 1,846.00 06/20 06/17/2020 17697 SWANSON'S ALL AMERICAN SPORTS Baseball Shirts & Caps 104960 10,332.44 06/20 06/22/2020 17698 BAT & SUPPLY Test Gauge 514710 35.00 06/20 06/22/2020 17699 BLACKFOOT Telephones , 104150 181.42 I -i-06/20 06/22/2020 17700 HOME DEPOT CREDIT SERVICES City Bldg. hose & reel h,Cl.1>-,. 104710 176.60 06/20 06/22/2020 17701 KRISTEN OR KENNETH MURDOCK Reim. credit on closed water acct. 011075 49.00 06/20 06/22/2020 17702 PRO RENTAL & SALES, INC. Sod cutter rental 104710 93.84 06/20 06/22/2020 17703 ROCKY MTN. POWER Street Lights / fl I j p DI.,,) l ( 104175 7,498.33 06/20 06/22/2020 17704 SPARKLIGHT Internet 104150 155.05 06/20 06/22/2020 17705 WESTERN RECYCLING -CURBSIDE Recycling bin 104150 51.00 06/20 06/22/2020 17706 BONNEVILLE JOINT SCHOOL DIST. 93 2020 Iona/Bonneville Basketball s 104950 4,277.00 06/20 06/24/2020 17707 JACOB GOSS Reim. credit on closed water acct. 011075 17.97 06/20 06/29/2020 17708 ALLEN ELDRIDGE Building inspections 104720 1,000.00 06/20 06/29/2020 17709 GREG MCBRIDE Mechanical Inspections 104720 703.96 06/20 06/29/2020 17710 BONNEVILLE COUNTY PUBLIC WORKS Night Survey-Stop/yield 104820 799.88 06/20 06/29/2020 17711 FALLS PLUMBING SUPPLY, INC. Well#1 514710 108.15 06/20 06/29/2020 17712 HOLDEN KIDWELL HAHN & CRAPO P.L.L.C. City Attorney Fees 104160 3,492.00 06/20 06/29/2020 17713 IRWA Membership Dues 514710 445.00 "'06/20 06/29/2020 17714 TETON MICROBIOLOGY LAB Water tests 514710 175.00 06/20 06/30/2020 17718 A-1 RENTAL-IDAHO FALLS Porta Potty rental Park/Baseball 104970 430.00 M = Manual Check, V = Void Check City of Iona Check Register -Iona Check Issue Dates: 6/1/2020 -6/30/2020 ~ GL Period Check Issue Date Check Number Payee 06/20 06/20 06/20 06/20 06/30/2020 06/30/2020 06/30/2020 06/30/2020 Grand Totals: 17719 METROQUIP, INC. 17720 PORTER'S OFFICE PRODUCTS 17721 RMT EQUIPMENT 17722 WAXIE SANITARY SUPPLY Summary by General Ledger Account Number GLAccount Debit Credit 01-1075 66.97 .00 01-2010 .00 66.97- 10-2010 .00 39,326.27- 10-41-50 947.34 .00 10-41-55 59.20 .00 10-41-60 3,492.00 .00 10-41-63 1,050.00 .00 10-41-70 2,175.00 .00 10-41-75 1,382.88 .00 10-46-90 652.50 .00 10-47-10 5,645.31 .00 10-47-20 5,767.93 .00 10-47-30 239.78 .00 10-48-20 799.88 .00 10-49-50 11,899.45 .00 10-49-60 5,000.00 .00 10-49-70 215.00 .00 51-2010 .00 43,570.43- 51-41-50 645.29 .00 51-41-70 1,232.50 .00 51-41-75 6,329.15 .00 51-41-80 10,977.88 .00 51-47-10 3,894.11 .00 51-48-20 20,491.50 .00 Grand Totals: 82,963.67 82,963.67- M = Manual Check, V = Void Check Proof 66.97 66.97- 39,326.27- 947.34 59.20 3,492.00 1,050.00 2,175.00 1,382.88 652.50 5,645.31 5,767.93 239.78 799.88 11,899.45 5,000.00 215.00 43,570.43- 645.29 1,232.50 6,329.15 10,977.88 3,894.11 20,491.50 .00 Description Street Sweeper parts Toner & Appt. Book Lawn mower 11art Toilet paper/ S u.,p p /, 4-5 Page: 2 Jun 30, 2020 03:45PM GLAccount 104730 514150 104710 514710 Amount 239.78 505.91 512.88 298.12 82,963.67 City of Iona Check Register -Iona Page: 3 Check Issue Dates: 611/2020 -6/30/2020 Jun 30, 2020 03:45PM Dated: -~2c=....,./_--'l\...,,,_/4....,uy------,,~-:......Z ... 'Pe-___ _ Mayor: --e;-<2,r/~~ Cfy ~,£P-~~;c::;-=p»z;;:...-,~=------ k¾ttv1~ ~ 0 7bCi BIA-f 7 /,, L.>c ~-----B CeP~2teq~Jt ~b-1 I ?P;,,O Report Criteria: ,._ Report type: Summary M = Manual Check, V = Void Check