HomeMy Public PortalAboutMinutes_City Council Work Meeting_09152020CITY COUNCIL WORK MEETING
IONA CITY HALL
SEPTEMBER 15, 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) and City
Clerk/Treasurer Keri West.
ABSENT: None.
VISITORS: LoAnn Belnap and Kevin Casper.
ITEMS OF BUSINESS:
Discussion of Progressive Irrigation Water Use Agreement for Country Haven Estates —
Mayor Gubler stated Progressive Irrigation wants the City to enter into an agreement with them
stating the City will continue paying the assessment on the field adjacent to Country Haven
Estates. Mayor Gubler stated the City has already been paying this assessment and is hesitant to
enter into any unnecessary agreements. However, if the City has any future plans of mitigating
water, this agreement could be a crucial factor. Mayor Gubler also stated the City needs to start
the discussion again regarding water mitigation. Mayor Gubler stated in the past, the City had
requested 3 cubic feet per second (CFS) of water, but was denied because of a protest by a Twin
Falls water committee. The mitigation could possibly free up those 3 CFS of water rights for the
City of Iona. Attorney Rawlings stated the City has the mitigation obligation because of the
agreement it has with Idaho Ground Water Association (IGWA). Discussion continued regarding
mitigation, accessibility to additional water rights and locations. Director Prouse recommended
having Attorney Rawlings review the agreement submitted by Progressive Irrigation to decide if
the City wants to enter into this agreement or draft something new. Mayor Gubler agreed and
instructed Attorney Rawlings to look into the mitigation with his attorney associates to determine
how the City should move forward.
Discussion of Country Haven Park — Mayor Gubler stated in the past the City had discussed
doing the Country Haven Park as a xeriscape landscape. However, Director Prouse has
researched and considered the residents of Country Haven and now feels the park should include
trees and a grassy area, which would be a better fit for young families. Mayor Gubler stated
having a drip system to water a group of trees and a small grassy area to water would not be an
issue. Council Member Wadsworth asked if this new design would increase cost. Director Prouse
stated they have budgeted $20,000 for this project and that remains sufficient for the new design.
Council President Geray asked if anyone in the City has connections to a sod farm. Clerk West
stated one of the local sod farm owners lives in Country Haven. Council Member Thompson
stated he will reach out to him and discuss possible options to reduce the cost of sod.
Discussion of Big Swigz on Main Street and Iona Road — Mayor Gubler stated this new
business was discussed and approved at last month's City Council Regular Meeting. He
continued and stated he has spoken with Director Prouse and they have found evidence there has
been a water hook-up already established on the property. He confirmed they do not need to pay
a water hook-up fee. Mayor Gubler did state the business owners need to research and
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communicate with Iona Bonneville Sewer District (IBSD) to see if there is a lateral line for them
to connect to the sewer. Council Member Wadsworth stated a lot of soda barn businesses have a
gray water holding tank and do not connect to the sewer. Mayor Gubler stated that is not allowed
in our City Code and the Council would need to approve that if the business owners choose to
bypass a sewer connection and use a holding tank instead. Mayor Gubler said he is not opposed
to that and asked Director Prouse is opinion. Director Prouse stated he does not think it would be
an issue, but would like to get feedback from the City's Plumbing Inspector prior to approval.
Clerk West stated the business owners did bring in information from Rocky Mountain Power and
they are in the process of establishing their own meter and hooking up to the power. Clerk West
continued and stated she would contact the business owners and inform them of tonight's
discussion.
Discussion of necessity for two Public Hearings on Land Use Applications — Clerk West
stated the Planning & Zoning (P&Z) Chairman had questioned if it was necessary for both the
P&Z Commission and the City Council to hold Public Hearings for Land Use Applications. She
continued and stated Attorney Rawlings had confirmed Idaho State Code only requires one
Public Hearing and it is up to the City to decide which governmental body holds that Public
Hearing. Clerk West continued and stated the P&Z did discuss this at their last meeting and will
discuss it again at October's meeting due to members not present at September meeting.
However, the overall feel from their discussion this month was that the P&Z should be voting on
agenda items solely on whether the City Code allows it, and a Public Hearing is not necessary for
them to do that. They felt it was not necessary to require applicants and neighbors to attend both
meetings to plead their case at two Public Hearings. They also expressed the City Council
Meeting is a better format for a Public Hearing. Council President Geray stated if there is no
state statute that requires two Public Hearings. Mayor Gubler stated he wants P&Z to continue
reviewing land use applications and recommending or denying them to the City Council. Clerk
West stated P&Z would still review and vote on those applications, but there does not need to be
a Public Hearing to do that. Attorney Rawlings stated if the City decides to only require one
Public Hearing, they can decide if that should be done at the P&Z Meeting or at the City Council
Meeting. Clerk West stated the P&Z expressed their desire for the City Council to hold the
Public Hearings, since they are the voted in members and the P&Z are volunteers. Council
Member Thompson agreed and stated he thinks the P&Z should be treated more as City Code
compliance that recommends items to the City Council for final approval. Council President
Geray agreed. Mayor Gubler stated if there is no legal requirement, he is fine with discontinuing
the Public Hearing requirement at P&Z meetings. Council Member Wadsworth stated he likes
having P&Z hold a Public Hearing and thinks it gives applicants and others two opportunities to
discuss the application. Attorney Rawlings stated the P&Z can still accept public comment; it
would just eliminate the formality of a Public Hearing, including sending public notices. All
Council Members agreed.
Discussion of Light Show Lessons Learned — Council President Geray stated after the
Christmas Light Show discussions over the past few months, he felt the Council needed to reflect
on their actions and conduct to see how they can improve as a legislative body. He continued and
stated his opinion that all parties be contacted personally prior to holding a public meeting. He
also stated this agenda item is not intended to go over all the details again, just a time for
introspection to determine how the City Council can improve. Council President Geray asked if
anyone was timing the speakers during the discussion at the City Council Meeting. No one
responded. Council President Geray stated if no one was being timed, it was not appropriate for
anyone to be told they had gone over their allotted time. He continued and stated if we are going
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to enforce a time allotment, someone on the stand needs to be timing the speakers. This is just an
example of something the City Council can do to improve and be more consistent.
Mayor Gubler stated he had encouraged civility at the beginning of last month's meeting and has
no control over outbursts from the public. He did state he was prepared to have members of the
audience removed if outbursts had continued.
Council President Geray stated the discussion at last month's meeting should have ended when
Mrs. LoAnn Belnap stated at the podium that they had decided to end their Christmas Light
Show and the Belnap Family left the Council Room. Council President Geray continued and
stated further discussion after they had left was not necessary. Mayor Gubler agreed but also
stated members of the public had come to the meeting expecting to share their opinion and ideas
on the topic and still deserved to be heard. Council President Geray agreed and suggested
making a statement prior to allowing anyone else to speak; advising them their statements will
not affect the outcome that has already been determined.
Council Member Wadsworth agreed with Council President Geray and stated his apology for his
actions over the previous months. He continued and stated he let the situation and others'
behaviors get under his skin and was hoping for a better outcome. He acknowledged his lack of
professionalism and apologized. Council President Geray stated as elected officials, the City
Council needs to have thicker skin try to and remove emotion from their decision making.
Mayor Gubler acknowledged LoAnn Belnap as a visitor and asked her to give any feedback on
her experience over the last few months discussing her family's Christmas Light Show. LoAnn
Belnap stated her son was trying to stand up for her and was not prepared to have other audience
members yell at him while he was presenting to the City Council. She was disappointed Mayor
Gubler and City Council allowed that to happen and did not address the outbursts from the
audience. Mrs. Belnap also stated she would have preferred a private meeting with Mayor Gubler
and her neighbors to address their concerns, rather than discussing it in a public meeting. Mayor
Gubler stated the reason behind him sending a letter to the Belnaps and the Crumps was to get
the parties involved in the discussion with the City Council. Council President Geray suggested
in the future, possibly having another person review letters from the City before they are sent
out. Attorney Rawlings stated the letter also invited the Belnaps to come to the City with
additional ideas that would address the concerns of their neighbors.
Council Member Wadsworth suggested the Belnaps scale back and just use Christmas lights and
not an entire show. Mayor Gubler stated the primary concern with their Christmas Light Show is
the music and the attraction to get people to stay and watch. That is the element that affects their
neighbors and causes safety concerns. Mayor Gubler continued and stated if they just had lights
that people could drive by and look at, there would not be a problem.
Mrs. Belnap stated their family had already decided they were going to be done with their
Christmas Light Show, but still decided to come to the meeting in August. She continued and
stated she is happy to have four months of her life back and expressed appreciation to the City
for all it has done over the years to help with their Christmas Light Show.
General Water System Discussion — Mayor Gubler stated the Army Corp of Engineers is still
completing their environmental reviews. He has given Dome Technology permission to continue
doing work they were previously contracted to do, prior to receiving the final approval from the
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Army Corp of Engineers. He continued and stated the well exceeded the expectations and is
pumping more water than they had anticipated.
Council President Geray clarified the Army Corp of Engineers would not supplement work that
was already completed. He continued and stated the Army Corp of Engineers has already
notified the City stating our project has been funded with the additional scope of work the City
submitted. He then asked if the City is allowed to start any of that additional scope of work
before we receive final approval and funding from the Army Corp of Engineers. Mayor Gubler
confirmed the City cannot move forward with any work approved by the Army Corp of
Engineers until we receive signed documentation giving permission for the City to move forward
with the increased scope of work that was submitted and approved. Mayor Gubler continued and
stated the Army Corp of Engineers still needs to conduct additional environmental reviews, prior
to final approval and funding. Mayor Gubler also stated our City Engineers have been in constant
contact with the Army Corp of Engineers to ensure the process keeps moving forward.
Mayor Gubler also stated the City has filed to obtain the Bureau of Land Management (BLM)
land on the hill and the paperwork is in Congressman Simpson's office. He continued and stated
this process can take many years, but it has been initiated.
Meeting Adjourned: 6:55 p.m.
COUNCIL APPROVED: October 20, 2020
ATTEST:
Keri West, City Glerk/Treasurer
Dan Gubler, Mayor
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