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Home My Public Portal AboutMinutes_City Council Regular Meeting_09282021 CITY COUNCIL REGULAR MEETING IONA CITY HALL SEPTEMBER 28,2021 —7:00 P.M. PRESENT: Mayor Dan Gubler, Council President Rob Geray, Council Member Peter Wadsworth, Council Member Michael Thompson, Council Member Kathy McNamara, City Attorney Andrew Rawlings, Public Works Director Zech Prouse (via teleconference) and City Clerk/Treasurer Keri West. ABSENT: None. VISITORS: James West, Bill Koester, Evan Mann, Chris Williams, Kevin Casper and Tony Glenn. Mayor Gubler welcomed everyone and Clerk West led the Pledge of Allegiance. A roll call was taken by Clerk West to open the meeting. Council President Geray made a motion to add an Executive Session to tonight's agenda to discuss labor contract matters due to new information that was received today. Council Member Wadsworth seconded the motion. All in favor. Motion carried. CONSENT AGENDA: City Council Work Meeting and Regular Meeting Minutes of August 17, 2021 were reviewed. Council reviewed the finance reports for the period ending August 31, 2021 (92% of the fiscal year elapsed). The City had $2,043,275.79 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 Member Wadsworth seconded the motion. All in favor. Motion carried. ITEMS OF BUSINESS: General Water System Discussion — Mayor Gubler updated the public on the new water tank. He stated the building is complete, the tank is in place and the generator is hooked up. As of right now, the delay is in the piping inside the building from the well head to the distribution piping. The materials were on backorder but have now arrived and are awaiting installation. However, the foreman for the project was diagnosed with COVID, so this has created additional delays. Mayor Gubler continued and stated he and Director Prouse are concerned with not being able to flush the lines prior to winter and freezing temperatures. He continued and stated they are doing everything they can to put the pressure on the contractor to finish the project prior to winter. Ordinance for Annexation and Initial Zoning of Elim Estates Subdivision (Ord. 269-09-21) — Attorney Rawlings stated the biggest issue was communicating with the developer and designating the name of the company on the Annexation Agreement that was approved last month. He continued and stated that has been figured out, so this Ordinance for Annexation can now be passed with a condition that the owners fully execute and sign the Annexation Agreement. IONA CITY COUNCIL REGULAR MEETING—SEPTEMBER 28, 2021 Mayor Gubler stated this is a Public Hearing and asked if anyone from the public would like to stand in favor of or opposition to this application. No response. Mayor Gubler then closed the Public Hearing portion of this agenda item. Council Member Wadsworth asked if the owners have seen everything and agree to everything in the Annexation Agreement. Attorney Rawlings stated they have agreed to everything, there was just an error in the business name as it was recorded with the state of Idaho. Council Member Wadsworth asked if the Planning & Zoning Commission (P&Z) approved this action. Clerk West stated they did pass it at their last meeting. Council President Geray asked Director Prouse if he has any concerns regarding Elim Estates. Director Prouse stated all of his previous concerns have been addressed. Mayor Gubler also clarified with the passing of this Annexation Ordinance; the initial zoning of the land will all be set as R-1 (Single Family Residential). Mayor Gubler entertained a motion. Council Member McNamara made a motion to approve Ordinance 269-09-21, an Ordinance annexing certain lands to the City of Iona, Idaho; describing these lands; establishing the initial zoning for such lands; requiring the filing of the Ordinance and amended City map and amended legal description of the City with the appropriate county and state authorities; and establishing an effective date, condition to the execution of the Annexation Agreement. Council Member McNamara 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 Thompson: YES Council Member McNamara: YES Ordinance to Amend Iona City Code § 11-4-3, specifying terms for Conditional Uses in R-1 Zones (Ord. 270-09-21) —Attorney Rawlings stated this has been discussed previously, but the main objective of this amendment is to clarify the Conditional Uses in the R-1 zone which allows a rental occupancy in addition to the main floor, only applies to basements. He continued and stated this also further requires the homeowner to pay a separate water connection fee for the basement rental or a monthly fee for water service. Mayor Gubler stated this situation came up last month and this amendment is due to language in the City Code the Council did not feel represented their intention. He then stated this is a Public Hearing and asked if anyone from the public would like to speak for or against this proposal. No response. Mayor Gubler then closed the Public Hearing portion of this agenda item. Mayor Gubler entertained a motion. Council President Geray made a motion to approve Ordinance No. 270-09-21, an Ordinance of the City of Iona, Idaho; amending Section 11-4-3 of the Iona City Code; specifying terms for Conditional Uses in R-1 Zones and the water service requirements therefor; providing methodology; preserving prior ordinances in each instance; providing for severability; and establishing an effective date. Council President Geray also made a motion to dispense with the rule of reading the proposed ordinance in full and on three separate occasions. Council Member Thompson seconded the motion. A roll call vote was taken: Council President Geray: YES Council Member Wadsworth: YES 2 IONA CITY COUNCIL REGULAR MEETING— SEPTEMBER 28, 2021 Council Member Thompson: YES Council Member McNamara: YES Permit for Extended RV Use per Iona City Code § 11-11-24(C), Sally Scheer at 3353 N. Olsen Street—Mayor Gubler asked if the applicant was present. No response. Clerk West stated Connie is the daughter of the homeowner and submitted a letter because she was unable to attend tonight's meeting. Mayor Gubler asked the location of the house. Director Prouse stated it is on the west side of Olsen Avenue and is the second house to the north of Iona Road. Council President Geray read aloud the full letter from Connie Mays. She explains that her mother has poor health, and they are staying in their RV at her mother's property while they build their new house near Archer. The intent is to assist with her mother's health. Council President Geray then read aloud § 11-11-24(B)(C): "(B) It shall be unlawful for any person to use, occupy or permit the use of any Recreational Vehicle for the purposes of human habitation upon any lot located within a residential zone within the City for more than thirty(30) days within any period of six(6) consecutive months. (C) Notwithstanding the foregoing, upon request by the owner of any lot located within a residential zone, the City Council may grant or authorize a permit for any person to undertake such use or occupation for a period of time greater than allowed by subsection B hereof, provided the applicant can demonstrate exceptional hardship not cause or created by the applicant or a member of his or her household. Such permit shall be for a finite period of time or until such hardship ceases to exist, whichever is shorter. The Council may also impose reasonable conditions upon such permit in order to minimize impact of the permit upon adjoining property owners." Council President Geray stated the letter specifies their intention to only live in the RV for an additional 1-2 months. However, he expressed his instinct to allow a longer timeframe knowing the current timeframe of construction. Mayor Gubler stated there have been no complaints regarding this specific situation. He continued and stated they are parked on the property appropriately and the RV is very clean and quiet. Council President Geray did express his hesitation to approve a permit as long as one year because this could set a precedence for future applications. Council Member Thompson suggested a six month permit due to winter approaching. Council Member Wadsworth agreed. Mayor Gubler entertained a motion. Council Member Wadsworth made a motion to approve the Permit for Extended RV Use for Sally Scheer until March 31, 2022. Council Member Thompson seconded the motion. All in favor. Motion carried. Ordinance to Amend Iona City Code § 5-5-7, prohibiting the placement of fill in or on public rights-of-way (Ord. 271-09-21) — Mayor Gubler stated this is being discussed to bring the definition in the City Code more current and better capture the City's intention pertaining to the placement of fill in public rights-of-way. He continued and stated Director Prouse has worked with the City Engineer to clarify what is approved and prohibited in the drainage swales throughout the City. Council President Geray asked if there needs to be any additional defining of the infraction in these situations. Attorney Rawlings stated this is already adequately captured in the Code. 3 IONA CITY COUNCIL REGULAR MEETING— SEPTEMBER 28, 2021 Mayor Gubler entertained a motion. Council Member Thompson made a motion to approve Ordinance No. 271-09-21, an Ordinance of the City of Iona, Idaho; amending Section 5-5-7 of the Iona City Code; prohibiting the placement of fill in or on public rights-of-way; providing methodology; preserving prior ordinances in each instance; providing for severability; and establishing an effective date. 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 McNamara seconded the motion. A roll call vote was taken: Council President Geray: YES Council Member Wadsworth: YES Council Member Thompson: YES Council Member McNamara: YES Discussion and Approval of Rushton Road Record of Survey to correct rights-of-way — Mayor Gubler stated there is a situation that came up during the annexation and development of Sunrise Acres Subdivision. He continued and stated this is an attempt to correct the legality involving rights-of-way on 41st North and how they are platted and recorded. Mayor Gubler also stated the total cost for the engineering and recording will be approximately $14,500. Clerk West displayed the map illustrating the problem on the projector. Council President Geray asked if this problem is exclusive to the City or if there is a developer that should be required to assist in the corrective cost. Mayor Gubler stated this was not caused by any recent developers, it was just discovered during recent development. Attorney Rawlings stated this process will allow the landowners to have accurate legal descriptions for their properties and allow the City to have everything recorded correctly. Mayor Gubler entertained a motion. Council Member Wadsworth made a motion to approve the request for the survey to be done to rectify the property boundaries for Rushton Road/41 st North, not to exceed $14,500. Council Member Thompson seconded the motion. All in favor. Motion carried. Executive Session per Idaho Code § 74-206(1)(j)—Council President Geray made a motion for the Council to enter into Executive Session pursuant to the provisions of Idaho Code § 74- 206(1)(j) to consider labor contract matters authorized under section 74-206A of the Idaho Code. A roll call vote was taken: Council President Geray: YES Council Member Wadsworth: YES Council Member Thompson: YES Council Member McNamara: YES Mayor Gubler excused all members of the public and entered Executive Session with all Council Members and Attorney Rawlings. Executive Session began at 7:32pm and ended at 7:54pm. Approval of FY2022 Bonneville County Sheriff's Office Law Enforcement Contract — Mayor Gubler stated there have been concerns regarding reduced coverage the City has received from Bonneville County Sheriff's Office (BCSO), especially during the summer months. He continued and stated BCSO has recognized this and offered to discount the most recent quarterly bill, reducing it by $25,000. Mayor Gubler expressed appreciation for this but asked what actions BCSO will be taking to alleviate this problem going forward. He continued and stated they are going to begin monthly meetings between the City and BCSO to discuss concerns. 4 ..,'-; ,:... - grex�.yr•�gy^y. fir,.,,y., ,-..,..,,,, ., ...,.*-.. - - . . ., - c .. .. . - .... IONA CITY COUNCIL REGULAR MEETING—SEPTEMBER 28, 2021 Mayor Gubler asked if anyone from the pubic had any questions. Evan Mann from the audience asked if the problem being discussed was related to BCSO not providing enough coverage. Council President Geray stated there is a contractual obligation for BCSO to provide a 40 hour/week deputy for the City of Iona. However, due to various reasons including BCSO being short staffed, the City has not been getting this level of service consistently. Mayor Gubler stated this problem needs to be recognized and fixed immediately, rather than being compensated later for lack of service. He continued and stated part of the rectification will be to have the City more proactive and holding BCSO accountable. Mr. Mann asked if the City has considered initiating a "Citizens Watch" type program. Mayor Gubler stated the previous administration attempted that and it did not have much success. Council Member Wadsworth expressed his desire to hear from BCSO on how the City will receive the coverage they have contracted. Lieutenant Casper approached the podium and stated he does not want to give excuses, but instead wants to inform the Council of the situation they have faced. He continued and stated they are suffering from staff shortages, just like most law enforcement agencies around the country. Lt. Casper explained how service levels have been affected compared to previous years when they were fully staffed. He also stated moving forward there will be regular meetings, rather than rushing quick updates at the end of City Council meetings. Lt. Casper then explained BCSO's process to address speeding on high traffic roads. He continued and stated BCSO would like to be more assertive and available for conversations and meetings moving forward with the contract. Council Member Wadsworth asked what BCSO will do to guarantee the full-time officer will be in the City for the full 40 hours per week, as set by contract. Lt. Casper stated BCSO recognizes they have extracted Deputy Williams from his City of Iona duties and they are prepared to pay him overtime to ensure he is in Iona for 40 hours, even if he is needed in other areas beyond those 40 hours. Council President Geray asked if there are specific dates and times the Council would like BCSO to have a presence on 55th East to reduce the speeding. Council Member McNamara stated the evenings are the worst for speeding on 55th East, specifically from 7pm-9pm. Lt. Casper stated they have pulled the data reports from the radar sign on 55th East and have compiled a list of timeframes when speeding is most problematic. Council Member McNamara stated she has brought this problem up previously and just wants the speeding taken care of. Lt. Casper stated as Bonneville County has grown, increased traffic and speeding on county roads such as 55th East is inevitable. He continued and stated they are going to be more assertive and aggressive on those types of situations. Council Member Wadsworth stated despite some of the issues that have been brought up, the City has been kept safe and he expressed his gratitude for BCSO. Lt. Casper thanked him and vowed to continue improving and expressed his appreciation for the Council's patience through this process. Mayor Gubler entertained a motion. Council Member Wadsworth made a motion to approve the contract with Bonneville County Sheriff's Office for Fiscal Year 2022. Council Member Thompson seconded the motion. All in favor. Motion carried. 5 IONA CITY COUNCIL REGULAR MEETING— SEPTEMBER 28, 2021 Approval of Engagement Letter for Fiscal Year 2021 Audit — Mayor Gubler stated this is a required letter to approve the contract with Searle Hart & Associates that allows them to conduct the annual audit. No questions or concerns were mentioned. Mayor Gubler entertained a motion. Member Thompson made a motion to approve the engagement letter for Fiscal Year 2021 with Searle Hart & Associates, PLLC. Council Member Wadsworth seconded the motion. All in favor. Motion carried. STAFF REPORTS: Clerk West stated she met with representatives from the CHC Foundation this morning regarding the grant for the tennis court project. She continued and stated the total cost of the project is $176,000 and the grant requires a 50% match. Clerk West continued and stated the representatives advised her the full $88,000 may not be possible, but they will notify the City by early November. Clerk West also reported the City Halloween Carnival will be held on Saturday, October 30th from 2-4pm and any help would be appreciated. Clerk West also reported City Elections will be held on November 2° and there are 4 candidates running for the two open seats currently occupied by Council Members Thompson and McNamara. She clarified there are no specific seats or districts in Iona. Therefore, the two candidates with the highest number of votes will win the two open seats. She continued and stated there will be a "Meet the Candidates" event on Saturday, October 23`1 at 6:00pm in the gym of the City Building. Council Member Wadsworth expressed appreciation for BCSO and their continued efforts despite staffing shortages. Council President Geray expressed his continued appreciation for the City staff and their diligent efforts to keep everything running smoothly. Council Member Thompson stated nothing to report. Council Member McNamara stated the Iona Historical Museum had their season ending event over the weekend. She continued and stated it went very well, but wished it had been better attended. She continued and stated their building is now paid for, so they are able to begin applying for grants for maintenance needs. Council Member McNamara also expressed her appreciation for City staff, BCSO and Attorney Rawlings. Mayor Gubler also stated his gratitude for BCSO. He continued and stated he also appreciates all the City employees and the dedication and care they bring to their jobs and the City. SUGGESTED AGENDA ITEMS: No comments made. Meeting Adjourned at 8:24 p.m. COUNCIL APPROVED: October 19, 2021 Dan Gubler, May r ATTEST: Aekt Keri West, City Clerk/Treasurer 6 City of Iona Check Register-lona Page: 1 Check Issue Dates:9/1/2021-9/30/2021 Oct 12,2021 02:23PM Report Criteria: Report type: Summary GL Period Check Issue Date Check Number Payee Description GL Account Amount 09/21 09/07/2021 18628 BONNEVILLE COUNTY PUBLIC WORKS Road Striping 104820 32,803.18 09/21 09/07/2021 18629 CITY OF IONA City water usage/bill 104710 539.00 09/21 09/07/2021 18630 FALLS PLUMBING SUPPLY,INC. Sprinkler Parts for Parks 104710 133.76 09/21 09/07/2021 18631 GREG MCBRIDE Mechanical & Plumbing Inspectio 104720 1,357.68 09/21 09/07/2021 18632 ICRMP Liability Insurance 104170 5,124.00 09/21 09/07/2021 18633 PC PLUS Office IT Services 104150 37.50 09/21 09/07/2021 18634 PORTER'S OFFICE PRODUCTS Office supplies 514150 124.01 09/21 09/07/2021 18635 SENSKE LAWNTECH Summer Lawn Care 104710 1,385.28 09/21 09/07/2021 18636 WAXIE SANITARY SUPPLY CLEANING SUPPLIES 104710 90.50 09/21 09/07/2021 18637 WESTERN RECYCLING-CURBSIDE Recycling bin 104150 51.00 09/21 09/07/2021 18638 ID DEPT.OF ENVIRONMENTAL QUALITY Public Drinking Water System Fee 514710 3,316.00 09/21 09/09/2021 18639 BONNEVILLE CO.SOLID WASTE County Dump refuse 104710 124.40 09/21 09/09/2021 18640 DIGLINE,INC. Utility Locator Monthly Fee 514710 141.96 09/21 09/09/2021 18641 INTERMOUNTAIN GAS CO. Natural gas 104175 66.49 09/21 09/09/2021 18642 IONA BONNEVILLE SEWER DISTRICT City Bldg.sewer fees 514710 522.00 09/21 09/09/2021 18643 NETBACK,LLC Data Backup 5GB 514150 75.00 09/21 09/09/2021 18644 PSI ENVIRONMENTAL Dumpster-3548 N.Main 104710 220.17 09/21 09/09/2021 18645 RMT EQUIPMENT Lawn mower parts 104710 106.90 09/21 09/09/2021 18646 VERIZON WIRELESS Cell phones-Zech 104150 256.13 09/21 09/09/2021 18647 ALLEN ELDRIDGE Building inspections 104720 380.00 09/21 09/13/2021 18648 CORE&MAIN Hydrant Diffuser 514710 126.67 09/21 09/13/2021 18649 FORSGREN ASSOCIATES,INC. Elim Estates, BMPO&TAC Meeti 514180 4,310.00 09/21 09/13/2021 18650 QUALITY PAVING LLC Patch&Seal Coat all parking lots 104820 30,100.00 09/21 09/13/2021 18651 ROCKY MTN.POWER Street Lights 104175 222.71 09/21 09/13/2021 18652 VALLEY READY MIX Cement Slab-Denning&Main St 104820 314.00 09/21 09/15/2021 18653 AMERICAN CONSTRUCTION SUPPLY &REN Blue Marking Paint 514710 84.99 09/21 09/15/2021 18654 CHEMSEARCH Boiler water treatment program 514710 210.29 09/21 09/20/2021 18659 ALLEN ELDRIDGE Building inspections 104720 590.00 09/21 09/20/2021 18660 ANGELA ESTRADA REFUND SHELTER RENTAL 103760 40.00 09/21 09/20/2021 18661 BLACKFOOT COMMUNICATIONS TELEPHONE 104150 172.97 09/21 09/20/2021 18662 BMC WEST LLC Concrete mix 104710 409.00 09/21 09/20/2021 18663 GREG MCBRIDE Mechanical& Plumbing Inspectio 104720 1,240.58 09/21 09/20/2021 18664 IDAHO SOD Country Haven Park 104820 4,000.00 09/21 09/20/2021 18665 POST REGISTER PH-Annual Budget Ord 104155 129.20 09/21 09/20/2021 18666 RMT EQUIPMENT Lawn mower parts 104710 11.87 09/21 09/20/2021 18667 ROCKY MTN.POWER Street Lights 104175 6,562.67 09/21 09/20/2021 18668 TETON MICROBIOLOGY LAB Water tests 514710 56.00 09/21 09/27/2021 18669 A-1 RENTAL-IDAHO FALLS Pioneer Park-Porta Potty Rental 104710 450.00 09/21 09/27/2021 18670 AMERICAN CONSTRUCTION SUPPLY&REN Cement Finish Broom 514710 436.71 09/21 09/27/2021 18671 FALLS PLUMBING SUPPLY,INC. Country Haven Park 104820 1,690.79 09/21 09/27/2021 18672 HEATHER MARLEY REIMBURSEMENT FOR STAMP 514150 58.00 09/21 09/27/2021 18673 TETON MICROBIOLOGY LAB Water tests 514710 84.00 09/21 09/27/2021 18674 UNDER WESTERN SKIES IONA DAYS LIVE MUSIC VENDO 104770 100.00 09/21 09/27/2021 18675 VALLEY READY MIX Country Haven Park 104820 627.50 09/21 09/27/2021 18676 WEX BANK Public Works-Dsl 104710 169.73 09/21 09/27/2021 18677 BMC WEST LLC Country Haven Park 104820 239.96 09/21 09/27/2021 18678 IDAHO TRAFFIC SAFETY,INC. Private Road Signs 49th North 104710 195.00 09/21 09/27/2021 18679 LANDON EXCAVATING,INC. Rebuild Water Tank Road 514710 3,637.53 09/21 09/27/2021 18680 MOUNTAIN WEST RENTALS-IF Country Haven Park Rental 104820 285.00 09/21 09/27/2021 18681 ROCKY MTN.POWER Well#5 514175 300.12 09/21 09/27/2021 18682 SPARKLIGHT Internet-Office 104150 166.30 09/21 09/30/2021 18683 A-1 RENTAL-IDAHO FALLS Pioneer Park-Porta Potty Rental 104710 112.50 09/21 09/30/2021 18684 BONNEVILLE COUNTY SHERIFF FY2021 4th Quarter Contract Pay 104680 28,759.15 09/21 09/30/2021 18685 C-A-L-RANCH STORES Security Cameras&Batteries 104710 861.56 M=Manual Check,V=Void Check City of Iona Check Register-lona Page: 2 Check Issue Dates:9/1/2021-9/30/2021 Oct 12,2021 02:23PM GL Period Check Issue Date Check Number Payee Description GL Account Amount 09/21 09/30/2021 18686 DOME TECHNOLOGY lona North Water Tank Project 514820 249,878.08 09/21 09/30/2021 18687 FALLS PLUMBING SUPPLY,INC. Valve Box&Plugs 514710 56.72 09/21 09/30/2021 18688 HOLDEN KIDWELL HAHN&CRAPO P.L.L.C. Hours in Excess of Mo.retainer 104160 756.00 09/21 09/30/2021 18689 VALLEY READY MIX Concrete-Country Haven Park 104820 1,506.00 Grand Totals: 385,806.56 Summary by General Ledger Account Number GL Account Debit Credit Proof 10-2010 .00 117,812.38- 117,812.38- 10-37-60 40.00 .00 40.00 10-41-50 552.62 .00 552.62 10-41-55 129.20 .00 129.20 10-41-60 756.00 .00 756.00 10-41-63 3,188.00 .00 3,188.00 10-41-70 2,562.00 .00 2,562.00 10-41-75 1,473.28 .00 1,473.28 10-46-80 28,759.15 .00 28,759.15 10-47-10 5,372.64 .00 5,372.64 10-47-20 3,609.74 .00 3,609.74 10-47-70 100.00 .00 100.00 10-48-20 71,228.27 .00 71,228.27 10-49-50 41.48 .00 41.48 51-2010 .00 267,994.18- 267,994.18- 51-41-50 263.85 .00 263.85 51-41-70 2,562.00 .00 2,562.00 51-41-75 5,678.71 .00 5,678.71 51-41-80 1,122.00 .00 1,122.00 51-47-10 8,151.38 .00 8,151.38 51-48-20 250,216.24 .00 250,216.24 Grand Totals: 385,806.56 385,806.56- .00 M=Manual Check,V=Void Check City of lona Check Register-lona Page: 3 Check Issue Dates:9/1/2021-9/30/2021 Oct 12,2021 02:23PM Dated: &'7 /Y d%• V 2/ Mayoc/� City Council: m n, Gay c 7 t"r Report Criteria: Report type: Summary M=Manual Check,V=Void Check