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HomeMy Public PortalAboutMinutes_City Council Work Meeting_04182023 CITY COUNCIL WORK MEETING IONA CITY HALL APRIL 18,2023 6:00 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, Public Works Director Zech Prouse and City Clerk/Treasurer Keri West. ABSENT: None. VISITORS: None. ITEMS OF BUSINESS: Discussion of Bureau of Land Management (BLM) Travel Plan & Iona Bike Park—Mayor Gubler stated there will be a Town Hall Meeting this Friday at 7pm with Brian Dilenge to discuss the Bureau of Land Management's (BLM) Travel Plan, which includes the Iona Bike Park on the hill. He continued and stated the BLM conducts studies around the state for a few reasons. One reason is to determine what areas need to have added restrictions placed on them. Another reason for the study is to identify how the local people want those areas to be used. Mayor Gubler continued and stated in addition to the potential Iona Bike Park on the hill, the BLM Travel Plan also includes sections near Kelly Canyon, Menan and Pebble Creek. He continued and stated Mr. Dilenge will be coming on Friday evening to educate residents of the process and encourage them to submit comments on the BLM website, before the public comment period closes on May 5, 2023. Mayor Gubler stated he has received support from various organizations for the Iona Bike Park. Council Member Thompson stated Kelly Canyon is planning a lot of construction for this year, so that will impact the current accessibility for mountain bike trails. Mayor Gubler stated the BLM Travel Plan also indicates linking new trails to existing bike trails. Clerk West stated this has not been advertised as a public meeting, rather a Town Hall meeting. However, if a full quorum is present, it does need to be treated as a public meeting with an agenda and minutes. Attorney Rawlings agreed. Council Members stated they will not have a full quorum. Discussion of 4-Way Stop 4a 49th North & 55th East— Mayor Gubler stated he would like to change the intersection of 49t North and 55th East to a 4-way stop, rather than a 2-way stop. He continued and stated during the recent construction, this was a temporary 4-way stop and he believes it drastically helped with the speed and created a safer flow of traffic on 55th East. Mayor Gubler continued and stated there have been accidents in the past and it has become a busy intersection. He stated this intersection is now within the city limits and within our jurisdiction to change the traffic flow. Council Member Thompson stated he agrees, but recommends a flashing stop sign to draw attention to the new signs. All agreed. Mayor Gubler then stated he was informed by Director Prouse that Bonneville County is planning on turning the intersection of 45th East and 49th North into a permanent 4-way stop. Director Prouse stated that intersection is equal distance from Highway 26 as the intersection currently being discussed on 55th East. Council President Geray asked if Bonneville County will require a traffic study on 55th East and 49th North. Director Prouse stated Bonneville County will probably encourage the City to conduct a traffic study to determine placement of the traffic control devices, but the City would be responsible for installation and maintenance. Council President Geray stated this should not be difficult to discuss with Bonneville County, if all the correct steps are taken. IONA CITY COUNCIL WORK MEETING—APRIL 18, 2023 Mayor Gubler stated no vote is required and requested Director Prouse to communicate the City's intentions. Discussion of Road Penetration Fee — Mayor Gubler stated he would like to discuss the potential of enacting a fee for anyone that is penetrating the right of way, to help cover the cost of repairs within one year of construction. He continued and stated typically if a road is penetrated and problems occur, it is within a one-year time frame. Council Member Wadsworth suggested using a "five seasons" time frame, rather than one year. Director Prouse suggested a two-year time frame. Mayor Gubler stated he thinks two years is an unreasonable expectation. Attorney Rawlings stated Iona City Code 8-3 deals with this situation, but it does not currently charge a fee. Director Prouse stated he thinks there should be a base fee and a deposit with a fee that is commensurate with the degree of work that is being done in the right-of-way. Mayor Gubler agreed and stated he does not want to allow bonding because that just introduces a third party into the situation. He continued and stated with this type of fee, the contractor is responsible for coming back to the City after the required time frame to retrieve their funds. Mayor Gubler also suggested having a sunset clause on when the contractor can request their funds returned to them. Council discussed the logistics of the funds residing in an escrow account and the process associated with it. Director Prouse stated the main purpose of this fee would be to encourage the contractor to complete a quality job and not to complete it as soon as possible and leave town. Attorney Rawlings stated he will work with Director Prouse to draft an ordinance. Director Prouse stated he would also like to reference the City Engineer to gather appropriate cost information. Council Member Wadsworth asked if a resident is putting in new asphalt where asphalt already existed, which means they will be penetrating the end of their driveway, are they also required to pay this fee. Director Prouse stated the way the Code is currently written, there is a depth requirement that dictates when a permit is needed. He continued and stated he believes that is 18". Director Prouse also stated he thinks there can be different degrees of work within the public right-of-way that determine whether a full fee and deposit are required. He continued and stated he would suggest that any type of construction on the public right-of-way be required to have some type of oversight and tracking by the City. Council President Geray stated he is not opposed to the fee being discussed, but he does get concerned regarding the bureaucracy and everything that goes along with maintaining that type of oversight and management. He continued and stated that all comes at a cost in terms of employees' time, etc. Mayor Gubler agreed. He also stated the intention of this fee is to avoid problems that have happened in the past. Council President Geray understood and reiterated that whatever plan gets developed and implemented, it needs to pay for itself. Discussion of Annexation Procedures — Attorney Rawlings distributed packets to the Council regarding various annexation procedures and terms from Idaho State Code. He continued and summarized Category B Annexations as contiguous lands with less than 100 lots regardless of landowners' consent, or more than 100 lots where over 50% of landowners have consented. Attorney Rawlings then added that the lots or blocks need to contain less than 5 acres each or the owner has begun selling off the individual pieces of land, or the land is completely surrounded by the City. Mayor Gubler asked if continuity is established solely on location, or if it can be established based on ownership and taxation. Attorney Rawlings stated if the City owns property 2 IONA CITY COUNCIL WORK MEETING—APRIL 18, 2023 outside of the City limits, it cannot create contiguity for annexation of neighboring properties, unless it is also contiguous with the City limits. Council Members then discussed contiguity and consent requirements for annexations. Attorney Rawlings stated the first step in the annexation procedure is preparation and publication of a written annexation plan that is appropriate to the scale of the annexation that is being considered. He continued and stated the next step would be to go through the public hearing process with a published summary that is also mailed to each landowner included in the proposed annexation. Attorney Rawlings continued and stated once the Planning & Zoning and the City Council have completed their public hearings, the City Council would need to make a decision on moving forward with the annexation which needs to be documented in the minutes of the meeting. Mayor Gubler asked if a single lot can create contiguity for annexations. Attorney Rawlings confirmed. Mayor Gubler stated most of the annexation discussions have been about the Green Valley subdivision, which is not contiguous with the City. He continued and stated to create contiguity the City would need to first annex properties in the Nu'R subdivision on 45th East, or properties on Iona Road, which are already contiguous with the City. Mayor Gubler stated the City already discussed annexation with the residents of the Nu'R subdivision many years ago and it was dropped. Council Member Thompson stated he believes the Nu'R subdivision should be considered for annexation to help the City's development and create a more complete City plan. Mayor Gubler stated if that is the case, the Nu'R subdivision would need to be annexed first as a Category B Annexation, before anything can be done with the Green Valley subdivision. Attorney Rawlings stated if the City annexed the Nu'R subdivision in its entirety, rather than a single lot, it creates a more reasonably necessary annexation. Council Member Thompson asked if the City could pursue a Class B Annexation that includes the Nu'R and Green Valley subdivisions together. Attorney Rawlings confirmed that is an option without consent if it is under 100 lots. However, if it is over 100 lots, the City would need over 50% of landowners consent. Clerk West accessed the Bonneville County Parcel Viewer and informed the Council there are approximately 160 lots in Green Valley. Attorney Rawlings also stated regarding annexations, there are enclaves throughout the City that can also be annexed to create a more streamlined City plan and map. Council President Geray stated all Council Members need to take the time to decide if they want to pursue this type of annexation. He continued and stated it does not matter if the City tries to do everything the correct way, there will be a lot of angry people once the process begins. Council President Geray stated all Council Members need to be united that annexation is necessary for the smart growth of the City of Iona before the process of annexation continues any further. He continued and stated the prior process got ugly very quickly and some of the other Council Members couldn't stomach the hatred that was being aimed towards them. Council Member Thompson understood and stated he feels the difference with this process is that residents in Green Valley are the ones that have approached the City about being annexed. He continued and stated this is not about the City trying to grow and collect more in taxes. Council President Geray agreed and stated the City of Iona is also fighting against Idaho Falls and Ammon to protect our City ideals with smart growth. He continued and stated the majority of Bonneville County residents will be annexed at some point to one of those three cities and the assessed property tax line item for the City of Iona is one of the only property tax line items that went down last year. Attorney Rawlings stated that type of information is what can be included in the annexation plan. Council Member Thompson suggested hosting a Town Hall Meeting with the residents of Nu'R 3 IONA CITY COUNCIL WORK MEETING—APRIL 18, 2023 and Green Valley subdivisions to get a good idea of how they feel about annexation. Council Member Wadsworth asked what benefit the City would be receiving with this annexation, besides tax revenue. Council President Geray stated he feels a major benefit for the City is to be able to influence and manage growth in the surrounding areas. Council Member Thompson suggested all Council Members draft an annexation plan to bring to next month's meeting to compare and discuss. May & June City Council Meeting Dates — Clerk West stated the Council Meetings for May and June will be held the fourth Tuesday, rather than the third Tuesday. This is due to elections in May and the Association of Idaho Cities Conference in June. However, she stated this is just a reminder and those dates were on the approved calendar for the year. Meeting Adjourned: 6:59 p.m. COUNCIL APPROVED: May 23, 2023 Dan Gubler, Ma or ATTEST: 6A.1 Keri West, City lerk/Treasurer 4