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HomeMy Public PortalAboutMinutes_City Council Work Meeting_01172023 CITY COUNCIL WORK MEETING IONA CITY HALL JANUARY 17, 2023 6:00 P.M. PRESENT: Mayor Dan Gubler, Council President Rob Geray, Council Member Michael Thompson (via telephone), Council Member Peter Wadsworth, Council Member Evan Mann, City Attorney Andrew Rawlings, Public Works Director Zech Prouse and City Clerk/Treasurer Ken West. ABSENT: None. VISITORS: Brooke Allen and Daniel Parrish. ITEMS OF BUSINESS: Discuss and Approve next steps for City Engineer Contract — Mayor Gubler stated this discussion is regarding a proposed contract for the City Engineer. Clerk West explained Dave Noel was contracted as the City Engineer for the water tank project in 2018, but the City then appointed Mr. Noel as the temporary City Engineer in 2019. Mayor Gubler then stated Attorney Rawlings has drafted a City Engineer Professional Services Agreement for the City Council to review tonight. Attorney Rawlings stated he was vague in various sections of the agreement and encouraged the Council to specify certain items they would like to have included in the agreement. Director Prouse stated that based on the time and manner in which Mr. Noel was appointed as the City Engineer; he feels the City needs to consider the Idaho State Code and the procurement selection laws to decide if it is now necessary to open this position up for a selection process. Council President Geray agreed and stated he does not believe it was intended for Mr. Noel to be the permanent City Engineer. He continued and stated the City has completed the water tank project, which Mr. Noel was heavily involved in and should now move forward with a bidding process to find the best candidate for this position and future projects. Director Prouse stated there will be an upfront cost to begin that selection process, but he feels that is necessary at this point in time. Council President Geray clarified Mr. Noel's firm is welcome to bid for the position as well as other candidates. Council Member Wadsworth asked why the City needs to go through that process if there are only minor things that need to be addressed by Mr. Noel in his performance as the City Engineer. Mayor Gubler stated there is a legal process that should be followed for this type of position and the City has never formally gone through that process. He continued and stated the City did go through the process for the water project and awarded Forsgren Associates as the project engineer. Council Member Wadsworth asked if the City is really dissatisfied with Forsgren enough to go through that process. Clerk West stated when a government entity pays a company over $25,000 for recurring services throughout the year, they are legally required to go through the proposal process and have paperwork to show why that company was awarded the position. Director Prouse agreed and stated once the City has gone through the quality-based selection process, they are able to designate up to 3 firms they are able to work with throughout the year, without going through that process again. Council Member Mann asked if the City goes through the process and Forsgren is not chosen, are there any negative ramifications they could bring to the City. Mayor Gubler indicated that there was not. Council then discussed whether the City is required to award the position to a firm regardless of past experience. Attorney Rawlings stated that can be discussed when selecting a candidate. IONA CITY COUNCIL WORK MEETING—JANUARY 17, 2023 Director Prouse stated if the Council does not want to move forward with the Quality Based Selection (QBS) process, he recommends adopting a contract for Forsgren at this time. Council President Geray stated the contract that Attorney Rawlings drafted has an end date of September 30, 2023. He recommended having both parties agree to that contract for now, before they begin the QBS process with a new contract to be in effect on October 1, 2023. Council President Geray continued and stated that process will be lengthy and the City does not want to be without an engineer during that time. He also stated this would be beneficial for Forsgren to know they have until September 30th and can prepare their bid. Attorney Rawlings stated if the Council all agrees, he will change the contract so that it cannot auto renew on October 1, 2023. He continued and stated this contract does specify the City's expectations for Forsgren to uphold as the City Engineer. He then continued and stated this agreement does require a fee schedule from Forsgren,but he will also amend it to include more detailed billing requirements. Council Member Thompson asked if the Professional Services Agreement they are discussing should specify what type of representative from the engineering firm is acceptable at City Council and Planning & Zoning Meetings. Mayor Gubler stated Item #4 of the agreement addresses that. He read it and agreed it was sufficient. All agreed to move forward with this agreement until a QBS process could be done. Attorney Rawlings stated he will begin working with Director Prouse on documents for that process. Fiber Project Update with Direct Communications — Daniel Parrish with Direct Communications approached the Council and explained the fiber project is moving forward. He continued and stated the design is complete and they are now ready to begin staking. Mr. Parrish stated they have found a contractor that is willing to do the work underground at the same rate as they were going to do the micro-trenching. He continued and stated 95% of the project will be underground, trenchless work in the roads which will mean less impact on the roadways and sidewalks. Mayor Gubler asked who they are contracting with for the underground work. Mr. Parrish stated he is unsure because he is not the one that has been communicating with them, but he will find out and let the City know. He then stated because they are contracting that portion out, they will be staking out the routes to ensure everything is done according to design. Mayor Gubler stated Direct Communications is still responsible for everything their sub-contractor does. Mr. Parrish confirmed and then stated the staking process will take approximately 1 month. He continued and stated it is dependent on the weather, but they are planning to start staking in March. Mr. Parrish then said their contractor has agreed to start digging on May Pt, but if the staking is done early, they will begin digging prior to May 1st. He continued and stated the whole City has been separated into 5 zones, with the plan that each zone will take approximately 100 days. Director Prouse asked how they are going to retain the staking. Mr. Parrish said he is unsure at this time and will discuss options at one of the construction meetings with the City and the Direct Communications' engineer. He continued and said the staking will be done all at once, but the locates will be done as they get to each zone. Mr. Parrish also said they have already communicated with Rocky Mountain Power and they will have the cabinets set before they start digging. This will enable each zone to get connected and begin their services as they are completed, rather than waiting until the entirety of the project is complete. Director Prouse asked if they had begun the permitting process for the underground work near the railroad on 55th East. Mr. Parrish stated he is unaware,but will find out. Director Prouse stated that was a concern with Fybercom on 50th East because they were trying to go right on top of the City's water line. He continued and stated on 55th East, the fiber will need to be installed on the West side of the road. 2 IONA CITY COUNCIL WORK MEETING—JANUARY 17, 2023 Clerk West asked Mr. Parrish if he had received the most up to date zoning map of the City. She continued and stated the last design did not include the two most recent annexations, Elim Estates and Harvest Cove, located on Iona Road. Mr. Parrish stated they were unaware of those subdivisions being annexed, but they do want to include them. He continued and stated they would like to add those subdivisions to Zone 3 of installation. Mr. Parrish then stated the addition of those 2 subdivisions does add additional cost. He then proposed the City allow them in Zone 5 to only drop to houses that sign up for their service. This will help offset the cost of the additional subdivisions. He continued and stated the majority of Zone 5 has Century Link fiber lines they can use for the drops. No opposition or approval expressed. Council Member Mann asked Mr. Parrish how they are getting the word out for people to sign up. Mayor Gubler stated there is a link on the City's website. Council Member Mann asked if they were going to also go door to door. Mr. Parrish confirmed they will do a City wide door hanger or mailer to advertise the services available and how to sign up. Council President Geray asked if Direct Communications would be required to obtain a Door to Door Sales Permit to do the door hangers. Mr. Parrish stated most of the door hangers will be more of a construction notice and not necessarily about sales. Clerk West stated the City has a Door to Door Sales Permit and whether they are selling anything or not, if they are going to be approaching residents' doors, they will need to be approved by the City to do so. She continued and stated most residents know about this requirement and will be concerned if someone approaches their door without the City approved green badge. Clerk West continued and stated part of the application process is a background check on each person that will be going door to door to ensure safety for all residents. Council Member Wadsworth stated he thinks this should still be required, but doesn't feel it is necessary to charge them the regular application fee. Council President Geray agreed and stated this is a unique situation because the City is contracted with Direct Communications and doesn't feel it is reasonable to charge them the fee. Council Member Mann agreed. Attorney Rawlings encouraged the City to charge the same application fee they would to other companies. Mr. Parrish stated the contract does not allow the City to charge them for an additional permit. Attorney Rawlings stated this is actually a license, not a permit, so technically the contract does not restrict the City from charging an application fee for an additional license. He continued and stated the City Council can choose to waive that fee, but he would advise against it. Council Member Wadsworth stated he doesn't agree with charging them a fee and would like to waive the application fee for Door to Door Sales. Approval of Proposed Bonneville County Area of Impact Agreement and Map — Mayor Gubler stated they discussed the proposed map at the Special Meeting last week and it is now illustrated in tonight's City Council Packet. Council President Geray agreed the illustrated map represents exactly what they discussed. He continued and stated he feels the agreement is great and addresses everything they discussed. He then asked Council Member Thompson if he had any questions or concerns on this topic. Council Member Thompson stated he agrees and doesn't have any concerns with the agreement or the map. Attorney Rawlings stated he did add one section that was not specifically discussed and that is partly because of a recent court case between the City of Rigby and Jefferson County that came down to whether the City had standing as an "affected person" under the Idaho Local Land Use Planning Act (LLUPA) to pursue those remedies and the Supreme Court denied their claim. He 3 IONA CITY COUNCIL WORK MEETING—JANUARY 17, 2023 continued and stated he has added a section in an attempt to say the City is considered an "affected person" in that the City has a bonified interest in the real property that may be affected by any adverse actions taken by Bonneville County in this ordinance and agreement. Council Member Wadsworth began to make a motion to approve the ordinance. Attorney Rawlings clarified the City is not actually enacting the ordinance tonight,just approving the map and agreement to then present to Bonneville County Planning & Zoning. Mayor Gubler then asked if any Council Members do not approve this action. No comments made. Attorney Rawlings stated this version will then be presented at the meeting with Bonneville County Planning & Zoning. Council President Geray confirmed Mayor Gubler, Attorney Rawlings, Council Member Thompson and himself will be attending that meeting. He then said the full Council will attend the meeting when the City meets with the Bonneville County Commissioners for the final decision. Clerk West stated it is too late to meet with the Bonneville County P&Z for January, so it will need to be in February. She continued and stated she will communicate with everyone on the best date. All Council Members agreed. Meeting Adjourned: 6:50 p.m. COUNCIL APPROVED: February 21, 2023 Dan Gu ler, Mayor ATTEST: HIV Keri West, City Clerk/Treasurer 4