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HomeMy Public PortalAboutMinutes_City Council Regular Meeting_03212023 CITY COUNCIL REGULAR MEETING IONA CITY HALL MARCH 21,2023—7:00 P.M. PRESENT: Mayor Dan Gubler, Council President Rob Geray, Council Member Michael Thompson, Council Member Peter Wadsworth, Council Member Evan Mann, City Attorney Andrew Rawlings and City Clerk/Treasurer Keri West. ABSENT: Public Works Director Zech Prouse. VISITORS: James West, Chris Harris, Marguerite Nelson, Tyler Smith, Deanna Simmons, Eric Simmons, Tyson Steiner, Bill Koester, Kathy Koester, Greg McBride, Brent Purcell and Allen Eldridge. Mayor Gubler welcomed everyone and led the Pledge of Allegiance. A roll call was taken by Clerk West to open the meeting. CONSENT AGENDA: City Council Work Meeting and Regular Meeting Minutes of February 21, 2023 were reviewed. Council reviewed the finance reports for the period ending February 28, 2023 (41% of the fiscal year elapsed). The City had $2,906,364.66 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: Public Hearing, Variance Application, Christine Harris, 5442 E. Hansen Avenue; a variance pertaining to the restriction of domestic farm animals on lots less than one (1) acre as specified by Iona City Code § 11-4-2(B) —Christine Harris of 5442 E. Hansen Avenue approached the podium and stated she is here to petition to keep her horses on her property. She continued and stated there have never been issues with her horses, but over the last year she had goats on her property that caused issues. Ms. Harris stated she has now gotten rid of the goats. She continued and stated she has had horses on her property for over 20 years and bought the property in 1999 with the understanding that she would be able to keep the horses there as long as she owned the property. Council Member Mann asked how many horses Ms. Harris has on the property. She confirmed she has 2 horses. Council Member Mann asked why the horses are suddenly a problem if they have been there for over 20 years. Ms. Harris stated when she had goats they kept getting out and her neighbors called animal control. She was then told by law enforcement that because her property was less than one (1) acre she was not permitted to have horses, according to current City Code. Ms. Harris continued and stated she was told that she would need to apply for a variance in an effort to keep her horses. Mayor Gubler stated Ms. Harris' property is considered a non-conforming use because she has had horses there prior to the City Code being adopted. Council President Geray asked if the same horses have been there for 20 years. Ms. Harris confirmed they are not the same horses. She continued and stated the horses she owned when she moved in passed away many years ago. She then stated the current horses have been there approximately 12 years. Attorney Rawlings stated they do not have to be the same horses, as long as the use itself has been ongoing without a lapse of one year or longer. IONA CITY COUNCIL REGULAR MEETING—MARCH 21, 2023 Ms. Harris stated she has continually had 2 horses on her property, explaining once a horse died she immediately replaced it. Clerk West stated she informed Ms. Harris that a variance was required because she felt it was the Council's responsibility to determine whether a non- conforming use had been established. She continued and stated if the Council determines the variance is not required, she recommends refunding the $150 filing fee to Ms. Harris. Council President Geray agreed to this course of action, with the understanding that more livestock animals would not be permitted because they would not qualify as a non-conforming use. He continued and stated there are unhappy neighbors and encouraged Ms. Harris to communicate with them to help resolve those issues. Deputy Randall stated most of the calls he received regarding this situation pertained to the goats on the property. He continued and stated there was one call relating to the horses' welfare, but the Animal Control department did an on-site visit and did not express any concerns. Mayor Gubler asked the Council if they all agree the Variance is unnecessary. All agreed. Mayor Gubler recommended they strike the Variance Application and refund the application money to Ms. Harris. Mayor Gubler stated this is a Public Hearing and asked if anyone in the audience would like to address this issue. Deanna Simmons of 5413 E. Hansen Avenue approached the podium and expressed her concern over the health of the animals and having to continually chase them down the road and back in their yard. She continued and stated the property is in very poor condition and the horses are malnourished. Mrs. Simmons stated her neighbors are taking care of the property because Ms. Harris does not consistently live on the property. Mayor Gubler stated it is not the concern of the City who is taking care of the property. He continued and stated if the horses get out and cause damage, Ms. Harris would be responsible for that damage. Mrs. Simmons continued her complaints regarding the welfare of the horses. Council Member Wadsworth explained the City Council does not govern animal control issues. He continued and stated that is done by Bonneville County Sheriff's Office. Council Member Wadsworth further explained the non- conforming use and the Council's decision to strike the Variance requirement. He continued and stated the City does not have the authority to tell Ms. Harris to get rid of her horses based on current City Code or based on the welfare of the animals. Clerk West asked Attorney Rawlings at what point does a situation like this become a public nuisance. Attorney Rawlings stated today's discussion is solely pertaining to the Variance application and the non-conforming use. He continued and stated those laws do not relate to the animal control or public nuisance laws. Attorney Rawlings stated they are completely separate issues and cannot be discussed together. He continued and stated Mrs. Simmons has rights that she can enforce through legal action and the City has rights they can enforce if they feel there is a public nuisance that needs to be addressed. Clerk West asked where the line is drawn for the City to deem something as a public nuisance. Attorney Rawlings stated that would be a policy decision and the City would have to decide those on a case-by-case basis. Council President Geray stated that topic is outside of the posted agenda and encouraged Mrs. Simmons to request that topic be added to a future agenda. Clerk West explained the Council cannot discuss anything that is not on the agenda and the topic of a public nuisance has not been posted and advertised for this meeting. 2 IONA CITY COUNCIL REGULAR MEETING—MARCH 21,2023 Mayor Gubler stated this is a Public Hearing and asked if anyone else had any comments on this agenda item. No response. Mayor Gubler closed the Public Hearing portion of this agenda item. Council President Geray made a motion to have the Variance stricken based on the precedent of the non-conforming use and Ms. Harris' fee be refunded. Council Member Wadsworth seconded the motion. A roll call vote was taken: Council President Geray: YES Council Member Wadsworth: YES Council Member Mann: YES Council Member Thompson: YES Resolution 2023-01 — A Resolution Designating City Health & Safety Inspectors and Specifying Inspection Fees — Mayor Gubler stated this is to establish the City Inspectors and specify their building inspection fees. Clerk West clarified the only fees that are increasing are related to new construction. Mayor Gubler entertained a motion. Council President Geray made a motion to approve Resolution 2023-01, A Resolution Designating City Health & Safety Inspectors and Specifying Inspection Fees. Council Member Thompson seconded the motion. All in favor. Motion carried. Oath of Appointment for Allen Eldridge as Building Official — Clerk West swore in Allen Eldridge as the Building Official for the City of Iona. Oath of Appointment for Greg McBride as Plumbing and Mechanical Inspector — Clerk West swore in Greg McBride as the Plumbing and Mechanical Inspector for the City of Iona. Oath of Appointment for Brent Purcell as Electrical Inspector — Clerk West swore in Brent Purcell as the Electrical Inspector for the City of Iona. Door to Door Salesman License Application and Request to Waive License Fee, Fybercom, LLC — Mayor Gubler stated this is a request by Fybercom to obtain a Door to Door Salesman License and to have their license fee waived. Council Member Wadsworth stated he would approve of having their fee waived. He continued and stated the City is paying Direct Communications to install fiber internet and the City waived their fee for a Door to Door Salesman License, but the City is not paying Fybercom and they are providing the same service to the residents. Council Member Wadsworth stated he is grateful to have competition in the fiber internet area and has no problem waiving this fee for Fybercom. Council Member Mann disagreed and does not feel Direct Communications is creating a monopoly because there are other internet providers in the area. He continued and stated Fybercom has already gone door to door and solicited sales without a permit. Council President Geray stated he is grateful Fybercom is giving residents a choice when it comes to fiber internet. However, the distinction is that the City has negotiated a contract with Direct Communications with the deliberate purpose of providing fiber internet and going door to door to solicit is part of that process. Council Member Wadsworth stated that was not part of the contract. Council President Geray understood door to door solicitation was not spelled out in the contract, but he believes that is a necessary part of what Direct Communications needs to do to fulfill their contract with the City of providing internet to the residents. Council President Geray stated he also does not want to create a 3 IONA CITY COUNCIL REGULAR MEETING—MARCH 21, 2023 precedent for other companies that want to have door to door salesmen in the City. He feels the fact that the City has a contract with Direct Communications justifies them to waive their fee without setting a precedent. Attorney Rawlings stated Direct Communications did point out a section in the contract they feel could capture the Door to Door License Fee and the City chose to use that contractual provision to waive their fee. Council President Geray agreed and stated the City does not have any contracts with Fybercom and therefore does not have any basis to waive their fee over any other contractor or service provider. Council Member Thompson agreed and stated Fybercom had the opportunity to contract with the City and was not the selected contractor. Mayor Gubler entertained a motion. Council President Geray made a motion to not waive the fee for Fybercom based on the reasons discussed particularly relevant to the contract the City has with Direct Communications. Council Member Mann seconded the motion. Council President Geray, Council Member Thompson and Council Member Mann all voted aye. Council Member Wadsworth voted nay. Motion carried. Discussion of Area of Impact Agreement — Attorney Rawlings stated he is still working with Austin Black from Bonneville County Planning & Zoning Commission on the Area of Impact Agreement. He continued and stated they are getting closer to scheduling another Work Session between the two entities. General Fiber Project Discussion — Mayor Gubler stated the hub has been placed on Free Avenue and 55th East for the fiber internet project with Direct Communications. He continued and stated once it is installed it will be powered and residents will be able to connect to fiber if they choose. Council Member Mann stated Fybercom is currently coming up Iona Road. STAFF REPORTS: Deputy Randall stated he has distributed the reports from January and February. He stated there was a small uptick in domestic disturbances. Deputy Randall stated there were also a few daytime burglaries and the suspect was caught and arrested. He continued and stated there has been an increase in scam calls in the area. Deputy Randall then reported the Easter Egg Hunt on April 8th will be his last time on duty as the Iona Deputy. He continued and stated the new deputy has been chosen,but he is not able to disclose who that is yet. Clerk West reported the Easter Egg Hunt has been moved from April 1st to April 8th due to safety and weather concerns. She continued and stated the Council discussed opening Certificates of Deposit (CDs) last month and she has moved forward with that. Clerk West stated the financials in the Council packets show the new accounts that were opened in February with East Idaho Credit Union, but she also opened a CD with Westmark Credit Union at 5.25% and a CD with Idaho Central Credit Union at 5.10% in March. She continued and stated her calculations show the City will earn approximately $37,000 once all of those CDs mature next year. Clerk West also reported Rylea Farrens was able to receive more donations for events and has hit the goal for the year. She continued and explained this means the City events will all be funded by sponsors and the City will not need to contribute from general funds. Council Members Thompson and Mann stated nothing to report. 4 IONA CITY COUNCIL REGULAR MEETING—MARCH 21, 2023 Council Member Wadsworth expressed appreciation to Direct Communications and Fybercom and reiterated his desire to have two companies bringing fiber internet to the residents of Iona. Attorney Rawlings stated nothing to report. Council President Geray expressed his appreciation for differing opinions of the Council. He continued and stated he appreciates the mutual respect between members to be able to discuss topics from various perspectives and opinions. SUGGESTED AGENDA ITEMS: Deanna Simmons of 5413 E. Hansen Avenue requested a future agenda topic of public nuisance and animal neglect and abuse at the address of 5442 E. Hansen Avenue. Mayor Gubler informed Mrs. Simmons that Bonneville County Animal Control has visited the property in question and reported no concerns. Mrs. Simmons stated she has had other people express the same concern as she has. Clerk West informed Mrs. Simmons the date of next month's meeting is Tuesday, April 18th. Deputy Randall stated he will have Bonneville County Animal Control check the animals prior to that date. Meeting Adjourned at 7:56 p.m. COUNCIL APPROVED: April 18, 2023 Dan Gubler, Mayor ATTEST: 4( Keri West, City Clerk/Treasurer 5 City of lona Check Register-Iona Page: 1 Check Issue Dates:3/1/2023-3/31/2023 Apr 10,2023 08:30PM Report Criteria: Report type: Summary GL Period Check Issue Date Check Number Payee Description GL Account Amount 03/23 03/01/2023 20031 WESTMARK CREDIT UNION 15 MO.CD(WATER) 511000 250,000.00 03/23 03/01/2023 20032 IDAHO CENTRAL CREDIT UNION 18 MO CD(WATER) 511000 150,000.00 03/23 03/02/2023 20033 BLACKFOOT COMMUNICATIONS TELEPHONE 104150 173.46 03/23 03/02/2023 20034 CITY OF IONA City water usage/bill 104711 539.00 03/23 03/02/2023 20035 ICRMP Liability Insurance 514170 5,700.50 03/23 03/02/2023 20036 KC'SALLAMERICAN SPORTS Softball/Baseball Supplies 104955 635.00 03/23 03/06/2023 20088 ALLEN ELDRIDGE 5033 E.Allcott 104720 1,478.00 03/23 03/06/2023 20089 GREG MCBRIDE Mech&Plumbing Inspections 104720 1,365.86 03/23 03/07/2023 20090 BEARING&INDUSTRIAL SALES Shop Weed Burner 104711 76.90 03/23 03/07/2023 20091 BONNEVILLE BLUEPRINT SUPPLY Blue Prints for Fiber Project 104711 51.84 03/23 03/07/2023 20092 BONNEVILLE COUNTY PUBLIC WORKS Sanding Material 104713 800.00 03/23 03/07/2023 20093 BONNEVILLE JOINT SCHOOL DIST.93 2023 Basketball Facilities Agreem 104955 8,030.00 03/23 03/07/2023 20094 C&B OPERATIONS,LLC Equipment Parts 104730 62.24 03/23 03/07/2023 20095 IONA BONNEVILLE SEWER DISTRICT Splash Park sewer fees 104712 93.00 03/23 03/07/2023 20096 MOONSHINE COMMERCIAL CLEANING SER February Building Cleaning 514710 725.00 03/23 03/07/2023 20097 NORCO,INC. Oxygen&Acetylene 104711 79.60 03/23 03/07/2023 20098 PEAK ALARM Qtrly Security alarm monitoring 104150 125.55 03/23 03/07/2023 20099 PSI ENVIRONMENTAL Dumpster-3548 N.Main 514710 131.99 03/23 03/07/2023 20100 SOUTHCO METALS LLC Shop Supplies 514710 179.40 03/23 03/13/2023 20101 SUNNY BUNNY EASTER EGGS EASTER EGGS 104770 170.00 03/23 03/14/2023 20102 APG WEST PAYMENT PH-Harris Variance 104155 47.56 03/23 03/14/2023 20103 CHEMSEARCH Contract Water Treatment Progra 514710 235.52 03/23 03/14/2023 20104 CONRAD&BISCHOFF INC. Unleaded gas 104711 2,812.66 03/23 03/14/2023 20105 H.D.FOWLER CO. Coil Pit Cushion 514710 312.30 03/23 03/14/2023 20106 INTERMOUNTAIN GAS CO. Natural gas 104175 1,899.49 03/23 03/14/2023 20107 NETBACK,LLC Data Backup 5GB 514150 75.00 03/23 03/14/2023 20108 POWERS CANDY CO.INC. Easter Candy 104770 75.99 03/23 03/14/2023 20109 SCREEN GRAPHICS,INC. MYAC Hoodies 104760 324.94 03/23 03/14/2023 20110 SUNNY BUNNY EASTER EGGS EASTER EGGS 104770 288.00 03/23 03/14/2023 20111 VERIZON WIRELESS Cell phones-Randy 104955 296.35 03/23 03/14/2023 20112 WESTERN RECYCLING-CURBSIDE Recycling bin 514710 57.00 03/23 03/16/2023 20113 C-A-L-RANCH STORES Airfilter Carts 104711 10.98 03/23 03/16/2023 20114 FORSGREN ASSOCIATES,INC. Attend TAC Meeting 514180 785.00 03/23 03/16/2023 20115 PREMIER PRINTING EVENT T-SHIRTS 104770 1,540.80 03/23 03/16/2023 20116 ROCKY MOUNTAIN BOILER,INC. City Building Heater Repair 104711 1,629.30 03/23 03/16/2023 20117 VEGA'S REPAIR,LLC REPAIRS TO 2006 GMC SIERRA 514730 855.07 03/23 03/23/2023 20123 BARD OR JILL HEILESON REFUND WATER OVERPAYMEN 011075 98.00 03/23 03/23/2023 20124 CHRISTINE HARRIS VARIANCE APPLICATION REFU 103415 150.00 03/23 03/23/2023 20125 HOME DEPOT CREDIT SERVICES Shelves&Shop Supplies 104711 642.97 03/23 03/23/2023 20126 ROCKY MTN.POWER Shop 514175 1,986.27 03/23 03/23/2023 20127 SAVANAH COON 2500 EASTER TOKENS 104770 350.00 03/23 03/23/2023 20128 WEX BANK Fuel for Dump Truck&Snow Plow 104713 688.01 03/23 03/28/2023 20129 HOLDEN KIDWELL HAHN&CRAPO P.L.L.C. AOIA and Legal Letters 514160 1,827.00 03/23 03/28/2023 20130 ROCKY MTN.POWER Well#5 514175 408.51 03/23 03/28/2023 20131 SPARKLIGHT Internet-Office 514150 181.61 Grand Totals: 437,995.67 Summary by General Ledger Account Number M=Manual Check,V=Void Check City of Iona Check Register-lona Page: 2 Check Issue Dates:3/1/2023-3/31/2023 Apr 10,2023 08:30PM GLAccount Debit Credit Proof 01-1075 98.00 .00 98.00 01-2010 .00 98.00- 98.00- 10-2010 .00 29,443.63- 29,443.63- 10-34-15 150.00 .00 150.00 10-41-50 430.23 .00 430.23 10-41-55 47.56 .00 47.56 10-41-60 1,461.60 .00 1,461.60 10-41-63 392.50 .00 392.50 10-41-70 2,850.25 .00 2,850.25 10-41-75 1,514.14 .00 1,514.14 10-47-11 4,803.35 .00 4,803.35 10-47-12 161.50 .00 161.50 10-47-13 2,630.52 .00 2,630.52 10-47-20 2,885.16 .00 2,885.16 10-47-30 660.79 .00 660.79 10-47-60 324.94 .00 324.94 10-47-70 2,424.79 .00 2,424.79 10-49-55 8,706.30 .00 8,706.30 51-1000 400,000.00 .00 400,000.00 51-2010 .00 408,454.04- 408,454.04- 51-41-50 207.99 .00 207.99 51-41-60 365.40 .00 365.40 51-41-70 2,850.25 .00 2,850.25 51-41-75 1,470.08 .00 1,470.08 51-41-80 392.50 .00 392.50 51-47-10 2,911.30 .00 2,911.30 51-47-30 256.52 .00 256.52 Grand Totals: 437,995.67 437,995.67- .00 Dated: /O/do'` z5 Mayor: 7 --\)___ City Council: 4 ..j2., �-- y__ ram)' 66:,4 Y ?OA i_ts . .P->i- d'/,?-3 M=Manual Check,V=Void Check ..,......, ,a..