Loading...
HomeMy Public PortalAboutMinutes_City Council Regular Meeting_01192021CITY COUNCIL REGULAR MEETING IONA CITY HALL JANUARY 19, 2021— 7:00 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 Assistant City Clerk Rylea Farrens. ABSENT: City Clerk/Treasurer Keri West. VISITORS: Scott Kelly, Kevin Casper, Jed Ashbocker, Bill Koester, Larie Elliott, Brad Norby, Curtis Johnson, Kathy Koester, Kim Brewington, Kurt Roland, Brian Smaka, Devan Thompson, Van Jackson, Diane Jackson, Todd Brewington, Tom McIntire, and Mona McIntire. Mayor Gubler welcomed everyone and led the Pledge of Allegiance. A roll call was taken by Assistant Clerk Farrens to open the meeting. CONSENT AGENDA: City Council Work Meeting and Regular Meeting Minutes of December 15, 2020 were reviewed. Council reviewed the finance reports for the period ending December 31, 2020 (25% of the fiscal year elapsed). The City had $1,066,967.00 in the bank and routine bills had been paid, "Exhibit A". Mayor Gubler entertained a motion. Council President Geray made a motion to approve the consent agenda as presented. Council Member McNamara seconded the motion. All in favor. Motion carried. ITEMS OF BUSINESS: Public Hearing — Final Plat Application, Development Agreement & Annexation Agreement, Eagle Rock Engineering, Sunrise Acres; a Subdivision located on the South side of 49th North, between 45th and 55th East— Mayor Gubler stated he does not think this is ready to be considered as there are still missing items on the Final Plat and the Annexation Agreement. He continued and stated the largest item he knows is missing is the easement deed through Mr. Rockwood's adjacent property. Kurt Roland with Eagle Rock Engineering stated that property owner is reluctant to have the easement recorded prior to the Final Plat approval. Mayor Gubler informed him that is a requirement to have the Final Plat approved. Director Prouse also stated the City Engineer reviewed the Final Plat and issued a letter on January 8, 2021 with several items that required action. He continued and stated he has not received an updated Final Plat with those items addressed. Mayor Gubler suggested tabling this discussion until next month to allow more time for the developer to complete all the necessary action items. He continued and stated this has already been approved by the Planning & Zoning Commission (P&Z), contingent upon receipt of those corrected items. Therefore, this will not need to go back to P&Z. Mayor Gubler also informed the developer to submit the Variance for the dead-end road, which will need to be considered by the P&Z. Mr. Roland agreed. 1 Public Hearing — Preliminary Plat Application, Eagle Rock Engineering; Elim Estates, a Subdivision located on the North side of Iona Road, between 45th East and Olsen Avenue — Kurt Roland with Eagle Rock Engineering introduced himself as the engineer for Elim Estates. He stated this subdivision will have 21 lots that range in size from 1/3 acre to 1/2 acre. He continued and said they have also submitted a Variance for the length of the road, with this Preliminary Plat, because it is a long, narrow piece of property. He stated they do have 2 stub outs for the property behind the church, west of the proposed subdivision. Mr. Roland also stated they are attempting to purchase the property behind the church but have not heard back. Mayor Gubler stated he does not feel the concerns of the P&Z have been addressed with this updated plat. He continued and stated the subdivision is still a deep neighborhood with only one access into it, from Iona Road. Mayor Gubler explained the concerns for this are not associated with the Fire Code. He continued and stated the Iona City Code has established the allowable length of a dead-end road as 400'. Longer roads require a secondary access for emergency situations in which the first access is blocked. He also stated the developer does not currently own property to the east, west or to the north where they are proposing a future right-of-way. Those landowners have expressed their desire to not participate in this development. Devan Thompson, representing the developers, stated they did not include access to the neighboring property to the east on this Preliminary Plat because the P&Z told them that property already had enough space to have their own access and would not be landlocked if this development is approved. Mayor Gubler stated that property does have space for one access, but it would create the same situation in requiring a secondary access point. Discussion then turned to the property behind the church and the future plans associated with it. Mayor Gubler stated they cannot approve use of a property without a legal affidavit from the current owners. Mr. Thompson stated they are expecting to receive the signed legal affidavit from the Church of Jesus Christ of Latter -Day Saints in the next few days, for the property they own directly behind the existing church on Iona Road. Mayor Gubler then explained the Variance process and requirements. Mr. Thompson stated he submitted a letter with his Variance Application that explained the reason for the Variance and why the developers feel it should be approved. Mayor Gubler stated he has read the letter. He continued and stated if the City approves the Variance and the Preliminary Plat, the City ends up with a dead-end road that is almost 1/4 mile deep with only proposed ideas of future roads. Mr. Thompson stated that is the purpose of the Preliminary Plat process. Council President Geray stated he understands the concerns Mayor Gubler has brought up, but also realizes this is only a Preliminary Plat. He continued and stated if the Preliminary Plat is approved, they will have time to address the concerns and get all the necessary documents prepared before submitting the Final Plat. Mayor Gubler stated this is a Public Hearing and asked if anyone from the audience would like to address the Council with support or concerns on this agenda item. Josh Williams approached the podium and stated he owns the property to the East of this proposed development. He continued and stated he originally offered to sell them his property, but only if they purchased it outright. He stated every offer they made to him required him to finance and he was unwilling to do so. Mr. Williams stated he eventually pulled his property out of negotiations and refused to sell. He continued and said at that point, Mr. Thompson told him they would see that his property was blocked out and not receive any access. He continued and 2 stated this Preliminary Plat shows that. Mayor Gubler stated this is only a Preliminary Plat, which is just an introduction of an idea, and is not a Final Plat. Mona McIntire approached the podium and asked how the Council could approve this Preliminary Plat without a legal affidavit from the Church of Jesus Christ of Latter -Day Saints for the property they own behind the existing church. Mayor Gubler explained the Preliminary Plat is just for the current subdivision and is not considering the future development of the property behind the church, including the proposed easement onto the McIntire's property. Mayor Gubler asked if anyone else from the public had questions or comments on this agenda item. No comments made. Mayor Gubler then closed the Public Hearing portion of this item. Mayor Gubler stated he supports approving the Preliminary Plat, knowing the concerns have been expressed to the developers. Council Member Wadsworth stated he is hesitant to approve a Preliminary Plat for a subdivision layout that he has no intention of approving in the future. Council President Geray stated he believes approving the Preliminary Plat is just the first step in recognizing the overall goal of the developers and giving them feedback on what needs to be done in the future for a Final Plat. Council Member Thompson stated he is ok to approve the Preliminary Plat, but believes there needs to be a stub out to the property to the East on the Final Plat. Council Member Wadsworth agreed and stated there are certain adjustments the developers need to make to make this subdivision developable. Mayor Gubler entertained a motion. Council President Geray made a motion to approve the Preliminary Plat for Elim Estates based on tonight's discussion. Council Member Thompson seconded the motion. A role call vote was taken: Council President Geray: YES Council Member Wadsworth: YES Council Member McNamara: YES Council Member Thompson: YES Public Hearing — Variance Application, Eagle Rock Engineering; Variance for Elim Estates relating to the length of the road allowed for permanent dead-end streets as stated in Iona City Code § 10-1-17(B)(4) — Mayor Gubler stated this was discussed during the previous discussion of the Preliminary Plat. Attorney Rawlings stated the Variance should be presented with the Final Plat instead. Attorney Rawlings continued and read aloud the Variance chapter of the Iona City Code. Council President Geray stated it would not be prudent to vote on the Variance at this time and suggested tabling it until the Final Plat is submitted. Mr. Thompson stated he was told by Clerk West to submit the Variance Application at this time. Attorney Rawlings stated the Council can approve it with conditions, deny it or table it. Mr. Thompson said he would be open to any advice and direction from the Council. Council President Geray recommended tabling this Variance Application until a Final Plat is submitted. Mayor Gubler and all Council Members agreed. Public Hearing — Rezoning Application, Scott Kelly; Rezoning from Commercial (C) to Single Family Residential (R-1) for a vacant lot on Main Street, between Hansen Avenue and Iona Road — Scott Kelly approached the podium and stated they are interested in changing this property into Residential (R-1) rather than Commercial and splitting it into two lots. He 3 continued and said it is surrounded by residential homes and they have faced conflict in the past to do the desired commercial business. Mayor Gubler asked if there is sufficient frontage space for two lots. Mr. Kelly stated there is 196 total feet of frontage and the City Code requires 85' per lot. Mr. Kelly continued and stated the total area is 3/4 of an acre, so both lots would meet the 1/3 -acre minimum requirement. Mayor Gubler opened the Public Hearing portion of this agenda item and asked if anyone from the public would like to express their concerns or support. Larie Elliott stated she owns the property next to this lot on Main Street. She continued and stated she understands that City Council has tough decisions to make that can impact the City for many years. She explained they bought a commercial building on Iona Road that has water connected to two nearby homes. This was a decision made by past City officials that impacted them directly when water flooded their building. Mrs. Elliott stated she does not think Main Street needs to have more houses. She continued and stated Main Street was designated as a Commercial zone to preserve a historic Main Street. She stated this is one of the only vacant lots left on Main Street and it is an opportunity for a new business to come to the City. She continued and said once the City gives away Main Street to allow more homes, it is impossible to get it back. Mayor Gubler agreed that in the past the City designated Main Street as a Commercial area of the City. Mayor Gubler asked if anyone else from the public would like to approach the Council on this agenda item. No response. Mayor Gubler then closed the Public Hearing portion. Attorney Rawlings read Idaho State Code § 67-65-11 regarding Zoning Changes and requirements. He discussed the Comprehensive Plan and the intention for the future growth areas of the City. Attorney Rawlings continued and stated two blocks of Main Street are zoned Commercial, so all the homes there are non -conforming. Council Member Wadsworth stated Mr. Kelly purchased this property with the intention of doing a specific type of business that was denied by the City Council because it was undesirable in that location. Council Member Wadsworth continued and stated Mr. Kelly owns this property and has already been denied for his business proposal. He does not feel justified in telling the owner of the property that homes are also undesirable in that location. Mayor Gubler stated he does not think Iona represents commercial businesses. It is geared more towards homes and identifies as a "bedroom community". Council Member Thompson stated on the zoning map, this entire block of Main Street was zoned Commercial to designate a location for businesses and eventually phase out the residences located there. He continued and stated if this lot is changed to R-1, it will change the long-term goal for Main Street. Mayor Gubler agreed and stated the Comprehensive Plan was voted on by the community when it was created, so Main Street was designated by the residents as the most desirable location for commerce. Council Member Wadsworth stated if this is approved and houses are built there, it is not impossible for a future developer to come in and change it back to Commercial. Council President Geray stated he is in favor of allowing this lot to be changed to Residential. He does not think they will ever have one use for this property that is satisfying to everyone. He continued and stated it is a good fit for new homes. 4 Mayor Gubler entertained a motion. Council Member Wadsworth made a motion to approve the Rezoning Application for Scott Kelly from Commercial to Single Family Residential (R-1) for the vacant lot on Main Street between Hansen Avenue and Iona Road. Council Member McNamara seconded the motion. A roll call vote was taken: Council President Geray: YES Council Member Wadsworth: YES Council Member McNamara: YES Council Member Thompson: YES Ordinance to Amend Iona City Code § 7-1-1, pertaining to Health, Safety and Building Codes (Ord. 249-01-21) — Attorney Rawlings explained the Association of Idaho Cities sent out an email stating the State of Idaho has updated the required building standards by adopting the 2018 Residential Building Code and the 2015 International Building Code. This change requires the City to update the Building Codes in the City Code that will now be enforced by the City. Council President Geray stated there is nothing the City can do if the State of Idaho has adopted the updated standards. Attorney Rawlings agreed. Mayor Gubler entertained a motion. Council Member Thompson made a motion to approve Ordinance Amendment to Iona City Code 7-1-1, where it states the codes implying 2015 be changed to 2018, pertaining to Health, Safety and Building Codes. Council Member Thompson also made a motion to dispense with the rule of reading the proposed Ordinance in full and on three separate occasions. Council Member Wadsworth seconded the motion. A roll call vote was taken: Council President Geray: YES Council Member Wadsworth: YES Council Member McNamara: YES Council Member Thompson: YES STAFF REPORTS: Assistant Clerk Farrens stated nothing to report from the Clerk's Office. Director Prouse stated nothing to report. Lieutenant Casper from Bonneville County Sheriff's Office (BCSO) stated Deputy Chris Williams is still the full-time officer assigned to the City of Iona. He also introduced Sergeant Jed Ashbocker as the direct supervisor for Deputy Williams on items related to the City of Iona. He continued and stated Deputy Williams will still be available and will attend all City Council Meetings. However, either Sgt. Ashbocker or himself will also frequently attend City Council Meetings and will be available if Deputy Williams is unavailable for the daily calls. Council Member Wadsworth stated nothing to report. Council President Geray stated he would like to draft a letter to the local legislators pertaining to the proposed state bill that would no longer require public hearing notices to be published in the newspaper. He continued and stated this is an unnecessary expense for the City as most people can obtain these notices via other outlets, such as the website and City newsletter. He stated he would like to have the letter printed on City letterhead and signed by the Council. All Council Members agreed. Council Member Thompson confirmed he has a meeting set up the following day with a resident in Iona that owns a sod farm, to discuss the sod expense for the new Country Haven Park. 5 Council Member Thompson also started a discussion regarding the P&Z Meetings and having access to the information regarding their decisions sooner. Assistant Clerk Farrens stated the P&Z Meetings are less than one week prior to the City Council Meetings. Mayor Gubler approved Assistant Clerk Farrens to work additional hours during the week of P&Z to finish and send out the minutes earlier. Council Member McNamara reported the Iona Historical Museum board members have informed her the building will be paid for by individual citizens. She asked if the City would still be able to mow the lawn at the museum. Mayor Gubler stated he has no problem offering that service. He also stated the City will continue to not charge them for water. However, the museum does need to research who is paying their sewer bill. Mayor Gubler stated the City has been approved to use $38,000 of CARES Act funds to upgrade the audio-visual system in the Council Chambers. Mayor Gubler continued and explained the options for placement of the projector and screen. Council Members all agreed to have the screen behind the Mayor's chair with a short throw projector. SUGGESTED AGENDA ITEMS: Attorney Rawlings questioned whether the City wants to address the Small Subdivision requirements at a future meeting. Mayor Gubler stated he thinks the City Council should be able to impose conditions on subdivisions that are less than 5 lots and thinks it should be a topic of future discussion. Meeting Adjourned at 8:50 p.m. COUNCIL APPROVED: February 16, 2021 Dan Gub er, Mayor ATTEST: eri West, City Clerk/Treasurer 6 City of Iona Check Register - Iona Page: 1 Check Issue Dates: 1/1/2021 - 1/31/2021 Feb 11, 2021 10:16AM Report Criteria: Report type: Summary GL Period Check Issue Date Check Number Payee Description GL Account Amount 01/21 01/04/2021 18093 01/21 01/04/2021 18094 01/21 01/05/2021 18095 01/21 01/05/2021 18096 01/21 01/05/2021 18097 01/21 01/05/2021 18098 01/21 01/05/2021 18099 01/21 01/05/2021 18100 01/21 01/11/2021 18101 01/21 01/11/2021 18102 01/21 01/12/2021 18104 01/21 01/12/2021 18105 01/21 01/12/2021 18106 01/21 01/12/2021 18107 01/21 01/12/2021 18108 01/21 01/12/2021 18109 01/21 01/12/2021 18110 01/21 01/12/2021 18111 01/21 01/12/2021 18112 01/21 01/12/2021 18113 01/21 01/12/2021 18114 01/21 01/12/2021 18115 01/21 01/12/2021 18116 01/21 01/12/2021 18117 01/21 01/12/2021 18118 01/21 01/25/2021 18119 01/21 01/25/2021 18120 01/21 01/25/2021 18121 01/21 01/26/2021 18126 01/21 01/26/2021 18127 01/21 01/26/2021 18128 01/21 01/26/2021 18129 01/21 01/26/2021 18130 01/21 01/26/2021 18131 01/21 01/26/2021 18132 01/21 01/26/2021 18133 01/21 01/26/2021 18134 01/21 01/26/2021 18135 01/21 01/26/2021 18136 01/21 01/26/2021 18137 01/21 01/26/2021 18138 01/21 01/26/2021 18139 Grand Totals: Summary by General Ledger Account Number CITY OF IONA LANDON EXCAVATING, INC. BONNEVILLE COUNTY SHERIFF DIVISION OF BUILDING SAFETY LANDON EXCAVATING, INC. PORTER'S OFFICE PRODUCTS PSI ENVIRONMENTAL VERIZON WIRELESS ALLEN ELDRIDGE GREG MCBRIDE HEIDI GUMMOW BONNEVILLE CO. SOLID WASTE CHEMSEARCH COMMERCIAL TIRE CONRAD & BISCHOFF INC. H.D. FOWLER CO. INTERMOUNTAIN GAS CO. LANDON EXCAVATING, INC. NETBACK, LLC PORTER'S OFFICE PRODUCTS ROCKY MOUNTAIN BOILER, INC. SCREEN GRAPHICS, INC. USABLUEBOOK AMERICAN WATER WORKS ASSOCIATION DOME TECHNOLOGY LAWRENCE PERRY DOME TECHNOLOGY dBTronix, LLC ALLEN ELDRIDGE BLACKFOOT BMC WEST LLC BONNEVILLE COUNTY PROSECUTOR'S OFF DIGLINE, INC. FALLS PLUMBING SUPPLY, INC. FORSGREN ASSOCIATES, INC. HOME DEPOT CREDIT SERVICES POST REGISTER R & R ELECTRIC, INC. ROCKY MTN. POWER SPARKLIGHT TETON MICROBIOLOGY LAB WEX BANK GL Account Debit Credit Proof 01-1075 01-2010 10-2010 4.74 .00 4.74 .00 4.74- 4.74- .00 80,940.93- 80,940.93 - City water usage/bill EMERGENCY WATER SYSTEM FY2021 1st Quarter Contract Pay ELEVATOR ANNUAL CERTIFICA Water Line Repair- Scoresby Office supplies Dumpster-3548 N. Main Cell phones- Zech Building inspections Mechanical Inspections Reimbursement for Recreation Su County Dump refuse Boiler water treatment program Tires Diesel Fuel -Dyed Blue Staking flags Natural gas well generator Main Line Repair- 5168 Denning Data Backup 5GB Custom Envelopes Boiler Service call City Button Ups No Lead Sampling Stations (6) Membership Dues Iona North Water Tank Project REFUND WATER OVERPAYMEN Iona North Water Tank Project 50% Deposit AN Upgrade Council Building inspections TELEPHONE Wood Dowel QRTLY RETAINER SERVICES ANNUAL CONTRACT FEE Eye Wash Faucet Elim Estates & Sunrise Acres Revi Mailboxes Public Hearing Notice Well #1 electrical repair Street Lights Internet- Shop Water tests Public Works-Dsl 104710 514710 104680 104710 514710 104150 104710 104710 104720 104720 104950 514710 514710 104710 104710 514710 514175 514710 104150 104150 104710 104150 514710 514710 514820 011075 514820 104820 104720 104150 104710 104680 514710 104710 104163 104710 104155 514710 104175 514150 514710 104710 539.00 500.00 53, 000.00 100.00 850.70 819.67 114.91 253.76 1,500.00 120.00 624.87 15.00 204.17 74.95 131.24 60.00 1,086.10 570.70 75.00 59.83 2,443.40 90.10 4,229.70 377.00 128,686.92 4.74 128,415.30 16,300.33 2,000.00 171.28 1.99 300.00 218.40 128.49 615.00 333.86 367.92 242.75 2,466.77 157.05 84.00 384.69 348,719.59 M = Manual Check, V = Void Check City of Iona Check Register - Iona Page: 2 Check Issue Dates: 1/1/2021 - 1/31/2021 Feb 11, 2021 10:16AM GL Account Debit Credit Proof Grand Totals: Dated: 10-41-50 845.36 .00 845.36 10-41-55 367.92 .00 367.92 10-41-63 307.50 .00 307.50 10-41-75 2,207.46 .00 2,207.46 10-46-80 53,300.00 .00 53,300.00 10-47-10 3,284.63 .00 3,284.63 10-47-20 3,661.43 .00 3,661.43 10-48-20 16,300.33 .00 16,300.33 10-49-50 666.30 .00 666.30 51-2010 .00 267,773.92- 267,773.92- 51-41-50 610.43 .00 610.43 51-41-75 1,345.41 .00 1,345.41 51-41-80 307.50 .00 307.50 51-47-10 8,408.36 .00 8,408.36 51-48-20 257,102.22 .00 257,102.22 348,719.59 348,719.59- .00 rke /6 20 ' hal-1 Nro4 vvfvvt Report Criteria: Report type: Summary M = Manual Check, V = Void Check