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Home My Public Portal AboutMinutes_City Council Regular Meeting_02162021 CITY COUNCIL REGULAR MEETING IONA CITY HALL FEBRUARY 16,2021 —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 City Clerk/Treasurer Keri West. ABSENT: None. VISITORS: Dana Izatt, Jason Cooper, Bill Koester, Kathy Koester, Kurt Roland, James West and Curtis Johnson. Mayor Gubler welcomed everyone and Council President Geray led the Pledge of Allegiance. A roll call was taken by Clerk West to open the meeting. Mayor Gubler entertained a motion. Council Member Wadsworth made a motion to add two items from the Work Meeting agenda to the Regular City Council Meeting agenda including the "Discussion of Iona City Code § 10-1-9: Small Subdivision Process" and the"Discussion of Iona City Code Infractions & Fines" due to running out of time at the regularly scheduled Work Meeting and could not provide notice because the Council did not anticipate running out of time. Council President Geray seconded the motion. All in favor. Motion carried. CONSENT AGENDA: City Council Work Meeting and Regular Meeting Minutes of January 19, 2021 were reviewed. Council reviewed the finance reports for the period ending January 31, 2021 (34% of the fiscal year elapsed). The City had $1,143,547.76 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: Discussion and Approval of Upsizing Waterline Expense for Sunrise Acres — Attorney Rawlings stated the City has chosen to purchase the materials directly and receive reimbursement from the developer for the difference in the size in piping materials to avoid paying sales tax. However, since the amount the City would be paying is approximately$77,000, the City then runs into the Public Procurement Laws. He continued and explained this process requires notice and three separate bids from competing contractors. Attorney Rawlings stated if the City and developer choose not to go through this process, the developer would need to buy the materials and bill the City for the difference, which would include sales tax. Council Member Wadsworth asked if it is a time constraint to advertise and receive the three bids. Mayor Gubler stated it should not take long for the City to go through that process and receive the bids. Director Prouse explained the City is required to write a formal request for a bid that can be electronic or physical delivery and give a deadline for bids to be received. Clerk West confirmed 1 this process could be completed quickly. Mayor Gubler asked Curtis Johnson, developer of Sunrise Acres Subdivision, if he agrees with this course of action. Mr. Johnson agreed. Director Prouse stated the amount the City should ultimately end up paying is approximately $57,000, after reimbursement from the developer for their cost of the 8" piping materials. Appointment of Bill Koester and Jason Cooper to Planning & Zoning Commission; Reappointment of James West to Planning & Zoning Commission — Mayor Gubler introduced Bill Koester and Jason Cooper as his recommended appointees for the Planning & Zoning Commission to replace Dee Johnson and John Lott. He also recommended James West to serve a second term on the Planning&Zoning Commission. Mayor Gubler entertained. Council Member Thompson made a motion to approve the Appointment of Bill Koester and Jason Cooper to the Planning & Zoning Commission, and the Reappointment of James West to the Planning & Zoning Commission. Council Member McNamara seconded the motion. All in favor. Motion carried. Discussion of Iona City Code Infractions & Fines — Deputy Chris Williams with Bonneville County Sheriff's Office (BCSO) stated as he has gone through the Iona City Code, he has noticed many infractions that he is required to enforce do not have fine amounts associated with them. He continued and stated in the Penalties section of the City Code it states the fine can be anywhere from $0-$300, but he cannot legally set an amount that is not defined in the City Code. Council President Geray stated the Council has had this discussion in the past and he was under the impression there were amounts specified for infractions. Attorney Rawlings confirmed that has been done on some sections of the City Code, but not all. Mayor Gubler advised Attorney Rawlings to go through the City Code and come up with a schedule for unspecified infractions. Council President Geray suggested a progressive schedule, such as $50 on the first offense, $150 on the second offense and $300 on the third offense, over a six month period. Council Members and Deputy Williams agreed with this suggestion. Public Hearing — Variance Application; Eagle Rock Engineering; Variance for Sunrise Acres relating to the length of the road allowed for permanent dead-end streets as stated in § 10-1-17(B)(4) of the Iona City Code—Kurt Roland with Eagle Rock Engineering approached the podium and stated he represents the developer for Sunrise Acres. Mr. Roland continued and stated they are applying for a Variance to allow a dead-end street longer than 400'. He stated the current dead-end street will be approximately 550'-600'. The road would dead-end at the canal, with future plans by the adjacent land owner to continue that road over the canal and into the future development. Mayor Gubler asked if the adjacent land owner has signed off on that future development plan. Clerk West stated she did receive a notarized agreement by the developer and adjacent land owner. Mayor Gubler stated he received a call from the adjacent land owner expressing concern over deeding his property to the City for a road. Instead, he approved deeding over to the City a portion of his property that will be designated as the right of way for the utility easement. With this agreement, if that property is developed,that utility easement will then be required to become a 70' right of way for a road. Mayor Gubler stated this is a Public Hearing and asked audience members if anyone is opposed to this Variance Application. Audience member Bill Koester asked what happens to the cul-de- sac when the adjacent property gets developed. Mayor Gubler explained it will go away and the 2 road will continue into the new development with a bridge over the canal. Mr. Koester asked what the width will be of the dead-end street, if it is being used as a turn around. Mr. Roland stated it will be a 70' right of way. Attorney Rawlings stated the request from the developer and engineer is really two variances; one for the length of the dead-end road and another for the width of a permanent cul-de-sac, which has a requirement of 90'. Mayor Gubler stated this is not a permanent cul-de-sac, it is only temporary until the adjacent property is developed and the road can continue. Attorney Rawlings stated if it is a temporary cul-de-sac, a preliminary plat for the development of the adjacent property is required. Either way, there are two variances to consider. Mayor Gubler stated he feels the agreement from the adjacent land owner regarding the utility easement should be considered a substitute to the preliminary plat. Council President Geray read aloud Iona City Code § 10-1-17(B)(4): "All permanent dead-end streets shall be cul-de-sacs that are not longer than 400 feet and are be provided at the closed end with a turn-around having a street property line diameter of at least 90 feet. Streets that temporarily dead-end may be permitted with a distance of greater than 400 feet in length, provided the Developer files or has already filed a Preliminary Plat of an adjoining Development depicting a through Street connecting to such temporary dead-end street that is not a dead-end street, and provided further the Council may order the Developer to file a Final Plat for such Preliminary Plat, at any time at the expiration of three years after the date the Plat showing the temporary dead-end street was approved." Council President Geray continued and stated this is the section that a Variance is being requested and asked whether a Variance is acceptable for this section. Mayor Gubler stated the City Engineer has stated this would be acceptable and the deed of the utility easement to the adjacent property is sufficient documentation. Curtis Johnson stated they have planned the utility easement strategically with the adjacent land owner to allow and plan for responsible future growth. Council President Geray expressed his concern if the adjacent land owner decides to not develop for an extended period of time, leaving this road as a dead-end road that is narrower than a traditional cul-de-sac. Attorney Rawlings stated the City Council can issue its own variances or conditions upon approval. Council President Geray asked whether the City would keep the agreement on file between the developer and adjacent land owner and require a future potential buyer to adhere to the agreement. Mayor Gubler stated that is all recorded with the final plat. Attorney Rawlings discussed the requirements for the City Council to approve a Variance as stated in Iona City Code § 11-14. Council President Geray asked Attorney Rawlings if he felt this application met all of the requirements. Attorney Rawlings clarified he is not an elected official and cannot make those decisions,but as he read through the requirements he stated his opinion that the engineer and developer have done their best to address all concerns within their control and should be considered for the Variance. Mayor Gubler closed the Public Hearing portion of this agenda item to allow the City Council time to deliberate.No Council Members had any further questions or concerns to discuss. Mayor Gubler entertained a motion. Council President Geray made a motion to approve the Eagle Rock Engineering request for Variance to Iona City Code to allow a dead-end street longer 3 than 400' at the south end of Sunrise Lane in the Sunrise Acres Subdivision. 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 Public Hearing — Final Plat Application, Development Agreement & Annexation Agreement; Eagle Rock Engineering, Sunrise Acres — Mayor Gubler introduced this item as the Final Plat for Sunrise Acres Subdivision. Council President Geray asked whether Director Prouse and the City Engineer have reviewed everything submitted and are satisfied with the final version of this plat and accompanying agreements. Director Prouse stated he does approve, but also informed the Council there are a few minor amendments that need to be updated on the improvement drawings. Director Prouse said the amendments needed are spelled out in the special conditions section of the Annexation Agreement and need to be reflected in the improvement drawings. He continued and said specifically they include the following conditions; the hydrologic calculations for the storm water discharge, the sidewalk spec and the canal crossing spec. However, he continued and stated this is not a condition that should delay the approval of the plan and agreements. Mayor Gubler stated this is a Public Hearing and asked if any members of the audience oppose to this agenda item. No response. Mayor Gubler then closed the Public Hearing portion of this item for the City Council to deliberate. No further questions or discussion occurred. Mayor Gubler entertained a motion. Council Member Wadsworth made a motion to approve the Final Plat and Annexation Agreement of Sunrise Acres, with the special conditions of the hydrologic calculations, sidewalk specs and canal specs as discussed. Council Member Thompson 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 Fiscal Year 2020 Audit, Searle Hart & Associates — Dana Izatt, Auditor from Searle Hart & Associates, presented the annual audit report for Fiscal Year 2020. Mr. Izatt highlighted the notable sections and explained the calculations to the City Council. Mr. Izatt highlighted the revenues and expenditures in the General Fund. He continued and stated the City ended the fiscal year with revenues over expenditures by approximately $82,000. Mr. Izatt emphasized the Budget Report for the General Fund and noted that the City finished the fiscal year under budget, which is important and good to see. Mr. Izatt concluded and stated he found no concerns with the audit and appreciates working with the employees and representatives for the City. Mayor Gubler entertained a motion. Council Member Thompson made a motion to approve the Audit done by Searle Hart & Associates for Fiscal Year 2020. Council Member McNamara seconded the motion. All in favor. Motion carried. 4 ... ,.., Discussion of Iona City Code § 10-1-9: Small Subdivision Process—Mayor Gubler stated this discussion was brought on due to questions concerning residents splitting their land into multiple lots and avoiding the requirements for a subdivision. He continued and stated the current subdivision definition is 5 lots or more and he would like to see this changed to 2 lots or more. Attorney Rawlings then led the discussion regarding requirements for a subdivision and the number of lots necessary for a new development to adhere to these requirements. Council Members discussed various ways to amend this section, such as changing the definition of subdivision to reduce the number of lots or to enact the Small Subdivision Process section to include only some requirements for subdivisions smaller than 5 lots. Discussion continued regarding two lots and whether that should be approved by the City. Clerk West explained the current process when a resident would like to split their land into two lots that involves a recorded split with Bonneville County. However, the City currently does not require approval in the splitting of the land, until the resident would like to build on the second lot. When the Building Permit Application is submitted, the Building Inspector will then verify if the lot meets the current code for that zoning. Clerk West continued and stated residents are given a copy of the City Code for their zone for them to educate themselves on the requirements before they decide where to split their land. Council Members agreed this process is sufficient for the two lots. Council Members then decided to change the definition of subdivision to 3 lots or more, and still reserve the Small Subdivision Process. Attorney Rawlings stated he will have this drafted and ready to vote on at the March City Council Meeting. STAFF REPORTS: Clerk West stated the deposit has been paid for the upgraded A/V system and the materials have been ordered. Director Prouse stated nothing to report. Mayor recognized the Public Works Department for the good job they have done this year with snow removal. Council President Geray stated the legislation to no longer require public notices in the newspaper was denied by the state. Council Members Thompson and McNamara both stated nothing to report. SUGGESTED AGENDA ITEMS: Council Member Wadsworth suggested having a discussion at a later time regarding requiring developers to pay for items such as upsizing the water line, rather than having the City pay for it. Director Prouse did say it may open the City up to litigation if they require a pipe size that is larger than required by engineering for the specific number of lots. Council Members agreed this would be a good discussion for a future meeting. Meeting Adjourned at 8:39 p.m. COUNCIL APPROVED: March 16,2021 �—v Dan Gubler, Mayor ATTEST: At. eri West, City Clerk/Treasurer 5 City of lona Check Register-lona Page: 1 Check Issue Dates:2/1/2021-2/28/2021 Mar 03,2021 11:40AM Report Criteria: Report type: Summary GL Period Check Issue Date Check Number Payee Description GL Account Amount 02/21 02/01/2021 18140 ROCKY MTN.POWER Well#2 514175 759.18 02/21 02/01/2021 18141 WAXIE SANITARY SUPPLY CLEANING SUPPLIES 104710 221.20 02/21 02/01/2021 18142 BMC WEST LLC 4X8 sheathing 104710 51.17 02/21 02/02/2021 18143 CITY OF IONA City water usage/bill 104710 539.00 02/21 02/02/2021 18144 LANDON EXCAVATING,INC. EMERGENCY WATER SYSTEM 514710 500.00 02/21 02/04/2021 18145 HOLDEN KIDWELL HAHN&CRAPO P.L.L.C. Annexation Agrmnt, Code Update 104160 3,756.90 02/21 02/04/2021 18146 PSI ENVIRONMENTAL Dumpster-3548 N.Main 514710 114.91 02/21 02/04/2021 18147 WAXIE SANITARY SUPPLY CLEANING SUPPLIES 104710 113.12 02/21 02/04/2021 18148 ERIKS NORTH AMERICA,INC. Plumbing supplies 514710 14.94 02/21 02/08/2021 18149 C&B OPERATIONS,LLC Street Sweeper Parts 104710 154.77 02/21 02/08/2021 18150 GREG MCBRIDE Mechanical Inspections 104720 2,433.04 02/21 02/08/2021 18151 ALLEN ELDRIDGE Building inspections 104720 1,500.00 02/21 02/08/2021 18152 CINTAS FIRST AID&SAFETY First Aid Kit refilled-Office 104150 20.69 02/21 02/08/2021 18153 INTERMOUNTAIN GAS CO. Natural gas 514175 909.01 02/21 02/08/2021 18154 NORCO,INC. Shop Supplies 514710 60.82 02/21 02/08/2021 18155 POST REGISTER PH-Final Plat Sunrise Acres 104155 143.20 02/21 02/08/2021 18156 VERIZON WIRELESS Cell phones-Allen 104720 254.06 02/21 02/08/2021 18157 H.D.FOWLER CO. Low Rise Sampling 514710 2,860.00 02/21 02/08/2021 18158 PACIFIC STEEL-IDAHO FALLS Steel Shop Supplies 104710 147.56 02/21 02/09/2021 18159 LORIN JENSEN REFUND WATER OVERPAYMEN 011075 25.25 02/21 02/09/2021 18160 MATTHEW MORRIS REFUND WATER OVERPAYMEN 011075 28.00 02/21 02/17/2021 18161 CHEMSEARCH Boiler water treatment program 514710 204.17 02/21 02/17/2021 18162 FORSGREN ASSOCIATES,INC. Sunrise&Elim Preliminary Plat R 514180 2,710.00 02/21 02/17/2021 18163 METROQUIP,INC. Street Sweeper parts 104730 1,966.31 02/21 02/17/2021 18164 NETBACK,LLC Data Backup 5GB 104150 75.00 02/21 02/17/2021 18165 ROCKY MTN.POWER Street Lights 104175 224.79 02/21 02/17/2021 18166 SEARLE HART&ASSOCIATES,PLLC Annual Audit of Finances FY2020 514160 10,000.00 02/21 02/17/2021 18167 TETON MICROBIOLOGY LAB Water tests 514710 28.00 02/21 02/22/2021 18168 GREG MCBRIDE 4616 Clapp Road 104720 761.68 02/21 02/22/2021 18169 BLACKFOOT TELEPHONE 514150 171.56 02/21 02/22/2021 18170 CITY OF IDAHO FALLS TREASURER OFFICE Dispatch Services 1st payment 104680 4,561.19 02/21 02/22/2021 18171 HOLDEN KIDWELL HAHN&CRAPO P.L.L.C. Hours in Excess of Mo.retainer 104160 3,078.00 02/21 02/22/2021 18172 HOME DEPOT CREDIT SERVICES Shop Supplies 514710 198.80 02/21 02/22/2021 18173 ROCKY MTN.POWER Well#2 514175 713.41 02/21 02/22/2021 18174 SPARKLIGHT Internet-Shop 104150 166.30 02/21 02/24/2021 18179 ERIKS NORTH AMERICA,INC. Fabricated Hyd Hose 104710 28.89 02/21 02/24/2021 18180 LUCKYDOG RECREATION Country Haven Park Slide&Swin 104820 3,862.00 02/21 02/24/2021 18181 WAXIE SANITARY SUPPLY Garbage Bags&Gloves 514710 266.82 02/21 02/24/2021 18182 WEX BANK Public Works-Dsl 514710 252.89 02/21 02/24/2021 18183 TETON MICROBIOLOGY LAB Water tests 514710 84.00 Grand Totals: 43,960.63 Summary by General Ledger Account Number GL Account Debit Credit Proof 01-1075 53.25 .00 53.25 01-2010 .00 53.25- 53.25- 10-2010 .00 30,057.86- 30,057.86- 10-41-50 397.64 .00 397.64 10-41-55 143.20 .00 143.20 M=Manual Check,V=Void Check City of Iona Check Register-lona Page: 2 Check Issue Dates:2/1/2021-2/28/2021 Mar 03,2021 11:40AM GLAccount Debit Credit Proof 10-41-60 9,784.43 .00 9,784.43 10-41-63 1,897.00 .00 1,897.00 10-41-75 853.10 .00 853.10 10-46-80 4,561.19 .00 4,561.19 10-47-10 1,815.31 .00 1,815.31 10-47-20 4,736.20 .00 4,736.20 10-47-30 1,966.31 .00 1,966.31 10-48-20 3,862.00 .00 3,862.00 10-49-50 41.48 .00 41.48 51-2010 .00 13,849.52- 13,849.52- 51-41-50 165.53 .00 165.53 51-41-60 7,050.47 .00 7,050.47 51-41-75 1,753.29 .00 1,753.29 51-41-80 813.00 .00 813.00 51-47-10 4,067.23 .00 4,067.23 Grand Totals: 43,960.63 43,960.63- .00 Dated: 4 1,e, / Mayor: ��s-"--, City Council: .1,-1-2"---7---, . -- KtrilTi 5.---- ,� 66 A'Y 3/rc lJr.] 1 CI L Report Criteria: Report type: Summary M=Manual Check,V=Void Check