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Home My Public Portal AboutMinutes_City Council Regular Meeting_01182022 CITY COUNCIL REGULAR MEETING IONA CITY HALL JANUARY 18,2022—7:00 P.M. PRESENT: Mayor Dan Gubler, Council President Rob Geray, Council Member Peter Wadsworth, Council Member Michael Thompson (via teleconference), Council Member Kathy McNamara, Council Member Evan Mann, City Attorney Andrew Rawlings, Public Works Director Zech Prouse (via teleconference) and City Clerk/Treasurer Keri West. ABSENT: None. VISITORS: Gary Elliott, Lark Elliott, Bill Koester, Lily Mann, Sharla Mann, Creed Mann, Collin Mann, Iris Mann, Avery Mann, Jolyn Louk, Shad Dunthorn, Sunnie Dunthorn, M.T. McNamara, Rebekah Brinkerhoff, Kylee Brinkerhoff and Madie Brinkerhoff. Mayor Gubler welcomed everyone and Evan Mann 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 December 21, 2021 were reviewed. Council reviewed the finance reports for the period ending December 31, 2021 (25% of the fiscal year elapsed). The City had $2,069,141.21 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: Presentation of Plaque for Council Member Kathy McNamara — Mayor Gubler thanked Council Member McNamara for her years of service. Clerk West presented her with a plaque and flowers. Mayor Gubler allowed public comments for Council Member McNamara. Jolyn Louk stated her appreciation for Council Member McNamara and her loyalty to the residents of Iona. Larie Elliott also expressed appreciation. Terry McNamara stated his wife cares about the people of Iona and hopes future women on the Council will be treated equally. Council President Geray stated he and Council Member McNamara disagreed often, but he always knew of her love and concern for the City. He continued and stated his appreciation for her service. Swear-In Recently Elected Officials; Mayor Daniel Gubler and Council Member Evan Mann — Clerk West swore-in recently elected officials, Mayor Daniel Gubler and Council Member Evan Mann. Council Member Mann took his seat on the stand. Elect President of the Council — Mayor Gubler recommended current Council President Rob Geray to continue serving as the Council President. He continued and said he has done a great job as Council President and has the most experience on the Council. Council Member Thompson agreed. Council Member Wadsworth agreed and stated Council President Geray has IONA CITY COUNCIL REGULAR MEETING—JANUARY 18, 2022 done a good job as the President and appreciates his experience and knowledge he brings to the Council. Council Member Mann agreed. Council President Geray accepted the nomination. Mayor Gubler entertained a motion. Council Member Thompson made a motion for Rob Geray to continue as President of the Council for the City of Iona. Council Member Wadsworth seconded the motion. All in favor. Motion carried. Public Hearing — Variance Application; Gary Elliott, 5477 E. Rockwood Avenue; a Variance pertaining to area requirements in R-1 Zone as specified by Iona City Code § 11- 4-6(A)—Gary Elliott of 5462 E. Rockwood Avenue approached the podium and stated across the street from his home is 5477 E. Rockwood Avenue. He continued and stated they purchased that property approximately 8 years ago as it was getting run down and used by visitors all hours of the night. Mr. Elliott stated as they have researched the old building they have come to the conclusion that it is unsalvageable. He continued and stated it is a cinder block building with no insulation. Mr. Elliott stated their intent is to remove the building completely and eventually build a new home. However, he is aware the lot is only .21 acres, which is below the minimum lot size to build a home in the R-1 Zone. He continued and stated he believes the lot was split at some point before there was a minimum lot size requirement of 1/3 acre, but has not been able to confirm. Council President Geray asked why the Variance is required if it is already in the R-1 Zone and has an existing building on it. Mayor Gubler stated once the building is taken down it falls under the current requirements of the R-1 Zone. Attorney Rawlings stated you can continue a non- conforming use, which is considered "grandfathered". But once too many changes are made, which tearing the building down and rebuilding would be, it would need to comply with the current version of the City Code. Council Member Wadsworth asked if they would come back for approval once they decide what they would like to build. Mr. Elliott confirmed. Clerk West stated Council approval wouldn't be necessary at that point, it would just need to be reviewed by the Building Inspector to ensure the code is being met. Attorney Rawlings agreed and stated at that point it would go through the normal procedure for a building permit. He continued and stated all other requirements of the City Code would need to be met including setbacks, etc. If any of those could not be met, they would need to apply for another variance specific for that requirement. Council Member Wadsworth asked why the Variance needs to be granted now if the applicant is not ready to build a new structure at this time. He continued and stated he is hesitant to grant approval without knowing the final plan. Mr. Elliott stated they would like to tear the existing building down in the spring and they do not want to do that until they know if they will be able to rebuild, which requires the Variance. Attorney Rawlings stated once he tears the building down he will not be able to continue the non-conforming use. Larie Elliott stated they are planning on building a home on the lot for their family to stay when they visit. They have no intentions of selling the property. She continued and stated they just don't have the plans ready yet. She also stated the current building is a safety hazard and needs to be removed along with nearby trees. Mayor Gubler stated this is a Public Hearing and asked if anyone in the audience had any questions or comments. 2 IONA CITY COUNCIL REGULAR MEETING—JANUARY 18, 2022 Terry McNamara of 3753 N. 55th East approached the podium and stated he is happy to see the Elliotts do something with this property. However, he is concerned with them building a three story building. Lark Elliott stated it will most likely be a two story home with a basement. Mayor Gubler stated the home itself will be required to meet all setbacks and building requirements in the current City Code. Mr. McNamara stated it is time for the building to be updated. Jolyn Louk of 5428 E. Rockwood Avenue approached the podium and stated she lives just down the street from this property. She stated the previous occupants of the home had US Marshals looking for them and brought a lot of unwanted activity to the neighborhood. She continued and stated the house is not repairable and trusts the Elliotts to build something that will be an asset to the neighborhood. She concluded by saying she recommends approval of the Variance. Mayor Gubler asked if there were any other comments from the public. No response. He then closed the Public Hearing portion of this agenda item to allow for Council deliberation. Council President Geray asked Mr. Elliott if there are any other requirements they would not be able to meet, such as setbacks, etc. Mr. Elliott confirmed they believe they can build a structure that will meet all other requirements in the R-1 Zone. Attorney Rawlings reiterated if any other requirement could not be met, it would require a separate Variance Application. Attorney Rawlings also stated as the Council is considering this Variance, they should be doing so under Iona City Code 11-14-2: Application for Variances, of which he read aloud: "(A) Applications for variances to this Title may be granted when they are not contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of this Title will result in an unnecessary hardship because of the physical characteristics of the site. A variance is a modification of the requirements of this Title such as minimum lot size, width, depth, setbacks affecting the size or shape of the structure or the placement of the structure upon lots, or the size of the lots. A variance shall not be considered a right or privilege and will only be granted to the applicant if hardship is proven and it is not in conflict with the public interest. (B) The applicant shall provide proof of the following in his or her application: 1) A description of the physical characteristics of the site that causes a hardship. 2) A description of the hardship why application of the provisions of this zoning ordinance imposes undue burdens upon the property owner. 3) Evidence that the hardship was not caused by the owner, or previous owners, through their own actions." Council President Geray stated the application does not address all of those factors. He continued and stated he believes the Council understands the situation, but from a documentation perspective the form does not address these requirements. Attorney Rawlings stated the code sections are listed on the top of the application for the applicant to supply the necessary information. Clerk West stated she usually supplies code chapters when applicants request information on various zoning applications. Council President Geray stated it is important going forward for the office staff to obtain the requirements on the application as stated by the code. Clerk West agreed. 3 IONA CITY COUNCIL REGULAR MEETING—JANUARY 18, 2022 Mayor Gubler entertained a motion. Council Member Wadsworth made a motion to approve the Application for a Zoning Variance for Gary Elliott to be able to build a home after tearing down the current structure at 5477 E. Rockwood Avenue. Council Member Thompson seconded the motion. A roll call vote was taken: Council President Geray: YES Council Member Thompson: YES Council Member Wadsworth: YES Council Member Mann: YES Public Hearing — Ordinance to Enact Iona City Code § 11-1-10 and amend various City Code sections relating to the regulation of signs (Ord. 274-01-22) — Mayor Gubler stated the Council has been discussing this enactment for the past two meetings. Attorney Rawlings gave a description of all amended sections. This ordinance relates to the regulation of signs by various measures. It removes all regulation of signs from private property. It also regulates signs on public property by only allowing City approved signs on public property including rights-of- way. However, this does not include easements such as utility easements or other easements that do not provide public access. Attorney Rawlings stated these are all the distinctions the Council had requested in previous meetings. He continued that, as for enforcement, this ordinance allows the City to remove any signs that are not in compliance with this chapter and to charge a person in violation with an infraction if they are doing it willfully and repeatedly. Council President Geray stated this should help regulate campaign signs in the public right-of-way and on public property such as the City Park. Council Member Thompson stated campaign signs are already governed by state law and are not allowed on public property. Mayor Gubler agreed, but stated this ordinance will help the City enforce those regulations. Mayor Gubler stated this is a Public Hearing and asked if anyone from the audience had any comments or concerns. Gary Elliott stated the Planning & Zoning Commission liked the amendments and recommended it for City Council approval. Mayor Gubler then closed the Public Hearing portion of this agenda item to allow for Council deliberation. Mayor Gubler entertained a motion. Council President Geray made a motion to approve Ordinance No. 274-01-22, an Ordinance of the City of Iona, Idaho; enacting Section 11-1-10 of the Iona City Code; specifying requirements for zoning and land use change applications; repealing and reenacting Chapter 10 in Title 11 of the Iona City Code, relating to the regulation of signs on public property; amending Section 3-3-2(A) of the Iona City Code; specifying the Planning and Zoning Commission's duties with regard to the Iona Zoning Ordinance; amending Section 9-2-1 of the Iona City Code; adding detail on the adopted Manual on Uniform Traffic Control Devices; amending Section 9-2-2 of the Iona City Code; clarifying what constitutes an unauthorized traffic sign or signal; amending Section 10-2-4(J) of the Iona City Code; clarifying limitations on signs that may be attached to or supported by an antenna or wireless communication tower; amending Section 11-1-5(A)(32) of the Iona City Code; revising the definition of"sign" for purposes of the Zoning Ordinance of the City of Iona; amending Sections 11-4-2, 11-4A-2, and 11-5-2 of the Iona City Code; removing regulation of signs located in residential zones; providing methodology; preserving prior Ordinances in each instance; providing for severability; and establishing an effective date. Council President Geray also moved to dispense with the rule of reading the proposed Ordinance in full and on three separate occasions. Council Member Wadsworth seconded the motion. 4 .. r IONA CITY COUNCIL REGULAR MEETING—JANUARY 18, 2022 A roll call vote was taken: Council President Geray: YES Council Member Mann: YES Council Member Thompson: YES Council Member Wadsworth: YES General Water System Discussion — Mayor Gubler stated there is currently water in the tank. He continued and said there is chlorine in the water tank that they will need to neutralize and empty out. The tank will then need to be re-filled and pass certain cleanliness tests. Once these things are done, the tank will be put online. Mayor Gubler continued and stated the well and SCADA (Supervisory Control and Data Acquisition) systems are both installed. He continued and stated there is still one small leak that is not causing much concern, but is being addressed. Mayor Gubler stated there is also room to grow as the well is capable of pumping an additional 1,000 gallons per minute more than we are currently pumping. He stated there are currently 1 million gallons of water in the tank, which took 11 hours to fill. Mayor Gubler stated there is still some site work that needs to be completed and will be done this spring. STAFF REPORTS: Director Prouse stated nothing to report. Clerk West stated the Council discussed during the Work Meeting the possibility of fiber internet coming to Iona. She stated the City has been talking with a company about a partnership to bring fiber to the City. She continued and stated there will be a Town Hall Meeting soon and encouraged the public to keep an eye out for the date and attend the meeting. Council Members Thompson, Wadsworth and Mann stated nothing to report. Council President Geray stated nothing to report. Mayor Gubler stated he has received a few complaints about shooting guns near the tank. He continued and stated if anyone hears of anything like this to please call him. Mayor Gubler then specified Council Member assignments for the upcoming year as: • Council Member Thompson will be working with the Historical Society and museum. • Council President Geray will be working with public safety and the budget. • Council Member Wadsworth will be working with Director Prouse on City growth and implications for continuity. • Council Member Mann will be working with District 93 and communicating with them on issues that affect both entities. He specified at this time the priority is the drop off zone at Iona Elementary. All Council Members agreed to their 2022 assignments. SUGGESTED AGENDA ITEMS: Larie Elliott asked the City to address the broken down cars that many residents have parked on the street and in their yards. Clerk West said she would notify the new officer and have him look over these sections of the City Code. Council President Geray specified Iona City Code § 11-11-25. 5 IONA CITY COUNCIL REGULAR MEETING—JANUARY 18, 2022 Meeting Adjourned at 7:57 p.m. COUNCIL APPROVED: February 15, 2022 Dan ubler, ayor ATTEST: Keri West, City Clerk/Treasurer 6 City of lona Check Register-Iona Page: 1 Check Issue Dates:1/1/2022-1/31/2022 Feb 08,2022 06:18PM Report Criteria: Report type: Summary GL Period Check Issue Date Check Number Payee Description GL Account Amount 01/22 01/05/2022 17786 HAYLIE ROWBERRY Reim.Park Rental fee 104790 40.00- V 01/22 01/05/2022 18015 BETTY MCKINLAY BUILDING RENTAL REFUND 103650 130.00- V 01/22 01/05/2022 18811 Rylea Farrens Reimbursement-Veteran Green Li 104770 4.37- V 01/22 01/03/2022 18886 GREG MCBRIDE Mechanical & Plumbing Inspectio 104720 1,247.44 01/22 01/04/2022 18887 BONNEVILLE METROPOLITAN PLANNING 0 BMPO Unified Planning Work Loc 104150 360.00 01/22 01/04/2022 18888 C-A-L-RANCH STORES Blades&Wrecking Bar 104713 120.95 01/22 01/04/2022 18889 CITY OF IONA City water usage/bill 104711 539.00 01/22 01/04/2022 18890 HEATHER MARLEY REIMBURSEMENT FOR BUILD! 104150 12.48 01/22 01/04/2022 18891 MOUNTAIN WEST RENTALS-IF 0 Ring&Element 104711 25.26 01/22 01/04/2022 18892 NAPAAUTO PARTS Oil&Cable Lube 104711 90.20 01/22 01/04/2022 18893 POST REGISTER PH-Elliott Variance 104155 87.52 01/22 01/04/2022 18894 PRO RENTAL&SALES,INC. KM Bristle Brush&Oil 104713 311.49 01/22 01/04/2022 18895 ROCKY MTN.POWER Well#2 514175 112.44 01/22 01/04/2022 18896 SPARKLIGHT Internet-Office 514150 166.30 01/22 01/04/2022 18897 TETON MICROBIOLOGY LAB Water tests 514710 112.00 01/22 01/04/2022 18898 WAXIE SANITARY SUPPLY Urinal Deodorant 104711 149.68 01/22 01/04/2022 18899 WEX BANK Public Works-Dsl 104711 406.19 01/22 01/04/2022 18900 NICOLE CHIAPPINI REIMBURSEMENT FOR MYAC S 104760 388.36 01/22 01/10/2022 18901 ALLEN ELDRIDGE Building inspections 104720 4,000.00 01/22 01/11/2022 18903 BONNEVILLE CO.SOLID WASTE County Dump refuse 104711 70.00 01/22 01/11/2022 18904 BONNEVILLE COUNTY SHERIFF FY2022 1st Quarter Contract Pay 104680 48,634.56 01/22 01/11/2022 18905 C-A-L-RANCH STORES Gloves 104711 8.99 01/22 01/11/2022 18906 EASTERN ID WATER RIGHTS COALITION Annual Membership Dues 514150 528.15 01/22 01/11/2022 18907 FALLS PLUMBING SUPPLY,INC. City Building Water Softener 514710 1,729.33 01/22 01/11/2022 18908 INTERMOUNTAIN GAS CO. Natural gas-heating 514175 1,107.81 01/22 01/11/2022 18909 NAPAAUTO PARTS Wire Harness&Beam Blades 104711 277.85 01/22 01/11/2022 18910 PC PLUS Office IT Services 514150 37.50 01/22 01/11/2022 18911 PORTER'S OFFICE PRODUCTS Office Messaging Book 104711 12.38 01/22 01/11/2022 18912 PSI ENVIRONMENTAL Dumpster-3548 N.Main 104711 118.58 01/22 01/11/2022 18913 SERMON SERVICE&ELECTRIC Shop Furnace repaired 104711 234.00 01/22 01/11/2022 18914 DIVISION OF BUILDING SAFETY ELEVATOR ANNUAL CERTIFICA 514710 100.00 01/22 01/11/2022 18915 POST REGISTER PH Notice 104155 40.28 01/22 01/11/2022 18916 WAXIE SANITARY SUPPLY CLEANING SUPPLIES 104711 331.11 01/22 01/12/2022 18917 JACKIE WEBSTER REFUND BUILDING RENTAL DE 103650 300.00 01/22 01/18/2022 18918 LUCRETIA LARSEN GYM RENTAL REFUND 103650 150.00 01/22 01/19/2022 18919 AMERICAN WATER WORKS ASSOCIATION Membership Dues 514710 389.00 01/22 01/19/2022 18920 APG WEST PAYMENT Treasurer's 1st Qtr Report 104155 136.96 01/22 01/19/2022 18921 CHEMSEARCH Contract Water Treatment Progra 104711 210.29 01/22 01/19/2022 18922 CITY OF IDAHO FALLS TREASURER OFFICE Qtrly Animal Shelter Participation 104690 1,245.00 01/22 01/19/2022 18923 COURTNEY CALDWELL REFUND WATER OVERPAYMEN 011075 26.87 01/22 01/19/2022 18924 DIGLINE,INC. Utility Locator Monthly Fee 514710 20.02 01/22 01/19/2022 18925 ERIKS NORTH AMERICA,INC. GREASE GUN&HOSE 514710 423.02 01/22 01/19/2022 18926 FALLS PLUMBING SUPPLY,INC. Filter Cartridge for Shop 514710 208.24 01/22 01/19/2022 18927 INTERSTATE BILLING SERVICE,INC. International Dump truck service 104711 222.80 01/22 01/19/2022 18928 JIM'S TROPHY Council Member name plate 104150 30.25 01/22 01/19/2022 18929 LEONARD PETROLEUM EQUIPMENT UPGRADE SHOP FUEL TANK 50 514710 4,293.00 01/22 01/19/2022 18930 METROQUIP,INC. International Sander Maint. 104713 869.29 01/22 01/19/2022 18931 NAPAAUTO PARTS Chevy Silverado Battery 514710 140.99 01/22 01/19/2022 18932 DEVRI FIFE B-BALL REFUND 103750 48.00 01/22 01/19/2022 18933 H.D.FOWLER CO. Curb Boxes with lids 514710 351.54 01/22 01/19/2022 18934 TENAE SAXTON BUILDING RENTAL REFUND 103650 90.00 01/22 01/19/2022 18935 TETON MICROBIOLOGY LAB Water tests 514710 84.00 01/22 01/19/2022 18936 RIRIE SCHOOL DISTRICT GYM RENTAL FOR BASKETBAL 104955 130.00 01/22 01/24/2022 18941 GREG MCBRIDE Mechanical &Plumbing Inspectio 104720 4,203.06 M=Manual Check,V=Void Check City of lona Check Register-lona Page: 2 Check Issue Dates:1/1/2022-1/31/2022 Feb 08,2022 06:18PM GL Period Check Issue Date Check Number Payee Description GLAccount Amount 01/22 01/25/2022 18942 ASSOCIATION OF IDAHO PUBLIC WORKS P 2022 MEMBERSHIP DUES 104165 10.00 01/22 01/25/2022 18943 ERIKS NORTH AMERICA,INC. Fire hose dbl.jacket 2-1/2X50 104711 410.10 01/22 01/25/2022 18944 FORSGREN ASSOCIATES,INC. Harvest Cove Review 514180 200.00 01/22 01/25/2022 18945 HOME DEPOT CREDIT SERVICES Ice Melt 104713 225.40 01/22 01/25/2022 18946 JIM'S TROPHY Time Capsule Lid for Museum 104790 25.00 01/22 01/25/2022 18947 MEL'S LOCK&KEY Addtl Keys for new thermostat 104150 40.00 01/22 01/25/2022 18948 NAPA AUTO PARTS 80W Oil&Antiifreeze 514710 115.53 01/22 01/25/2022 18949 NETBACK,LLC Data Backup 5GB 514150 75.00 01/22 01/25/2022 18950 ROCKY MOUNTAIN BOILER,INC. New Thermostat for City Building 514710 286.50 01/22 01/25/2022 18951 ROCKY MTN.POWER Street Lights 104713 3,799.93 01/22 01/25/2022 18952 SPARKLIGHT Internet-Shop 104150 253.55 01/22 01/25/2022 18953 TAYLOR MORTENSEN REFUND WATER OVERPAYMEN 011075 22.13 01/22 01/25/2022 18954 WEX BANK Snowplow Fuel 104713 1,118.34 Grand Totals: 81,339.29 Summary by General Ledger Account Number GLAccount Debit Credit Proof 01-1075 49.00 .00 49.00 01-2010 .00 49.00- 49.00- 10-2010 174.37 73,326.22- 73,151.85- 10-36-50 540.00 130.00- 410.00 10-37-50 48.00 .00 48.00 10-41-50 815.37 .00 815.37 10-41-55 264.76 .00 264.76 10-41-63 140.00 .00 140.00 10-41-65 10.00 .00 10.00 10-41-75 1,000.84 .00 1,000.84 10-46-80 48,634.56 .00 48,634.56 10-46-90 1,245.00 .00 1,245.00 10-47-11 6,834.63 .00 6,834.63 10-47-12 25.97 .00 25.97 10-47-13 3,773.23 .00 3,773.23 10-47-20 9,450.50 .00 9,450.50 10-47-60 388.36 .00 388.36 10-47-70 .00 4.37- 4.37- 10-47-90 25.00 40.00- 15.00- 10-49-55 130.00 .00 130.00 51-2010 .00 8,138.44- 8,138.44- 51-41-50 687.86 .00 687.86 51-41-75 2,692.43 .00 2,692.43 51-41-80 60.00 .00 60.00 51-47-10 4,698.15 .00 4,698.15 Grand Totals: 81,688.03 81,688.03- .00 M=Manual Check,V=Void Check City of lona Check Register-Iona Page: 3 Check Issue Dates:1/1/2022-1/31/2022 Feb 08,2022 06:18PM Dated: Mayor: City Council: Gems)) ?/YICQ.2 "°-/c Report Criteria: Report type: Summary M=Manual Check,V=Void Check