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HomeMy Public PortalAboutMinutes_City Council Regular Meeting_05232023 CITY COUNCIL REGULAR MEETING IONA CITY HALL MAY 23, 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, Public Works Director Zech Prouse and City Clerk/Treasurer Keri West. ABSENT: City Attorney Andrew Rawlings. VISITORS: James West and Krystal Keck. 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 April 18, 2023 were reviewed. Council reviewed the finance reports for the period ending April 30, 2023 (58% of the fiscal year elapsed). The City had $3,009,142.63 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 Fiber Project Discussion — Mayor Gubler stated Direct Communications is currently working on Main Street and other areas in the City. He continued and stated no residents have been connected yet and there is no fiber currently in the ground. Mayor Gubler stated the construction crews are only installing conduits at this point. Discussion then took place regarding damage that occurs during install and the expectation for each fiber company to repair all areas and sprinkler lines they damage. Director Prouse clarified the residents need to contact the fiber companies directly if damage occurs on their property. Clerk West stated the City hosted the "Launch Party" last week with Direct Communications in the park and had a great turnout. She continued and stated there were a lot of residents here that had a lot of their questions answered. Clerk West stated a representative from Direct Communications calls her every week to update her on the progress and was last told they are at approximately 28% of residents that have opted into their service. Public Hearing, Variance Application, James West, 4678 N. Sunset Drive; a Variance pertaining to the required depth of drainage swales as specified by Iona City Code § 5-5- 7(A)—James West of 4678 N. Sunset Drive approached the podium and stated he has applied for a Variance to the City Code that requires an 18" drop in the swale. He continued and stated he does not think the drop in the swale is necessary and believes he has achieved the same goal for drainage with his french drain design. Mr. West stated the french drain will be covered in decorative rock, as required by his HOA, if the variance is not approved. He continued and stated if the variance is approved he will cover the french drain with grass. Mr. West further explained that many of the homes in Freedom Field Estates have the 18" drainage swales and the water IONA CITY COUNCIL REGULAR MEETING—MAY 23, 2023 pools in the swale. He continued and stated he had an engineer review his design and has provided calculations that have been distributed to the Council. Council Member Mann asked Mr. West if he knew he needed a variance prior to beginning the work. Mr. West confirmed he planned on applying for the variance when he began the french drain work. He continued and stated french drains are allowed by the City Code and are not part of the variance. He further explained the 18" deep swale is what he is looking for approval to vary from and can still be achieved if the variance is not approved. Council Member Mann asked what the finished design will look like. Mr. West stated there will be decorative rocks covering the french drains, flat grass and trees that are required by the HOA to be planted in the swales. Council Member Mann stated the Planning & Zoning (P&Z) approved the variance if it met Director Prouse's approval. Council Member Thompson asked Director Prouse his opinion on this application. Director Prouse stated based on the current City Code, he does not believe Mr. West meets the requirements for approval of a variance. Council President Geray read the City Code section for variances and explained the requirement for a "hardship" for a variance to be granted. He continued and stated he appreciates the effort that Mr. West has put in but does not see a hardship in this situation. Mr. West stated he does not believe this is a hardship, but he disagrees that the City should require an 18" swale to catch water when there are other methods to catch water. Discussion continued regarding drainage swale issues that have occurred throughout the City and the City's plan to move away from swales to a curb and gutter design. Mr. West stated the only hardship he could find relevant is that he is required to plant trees in his swale by the HOA and the trees that have already been planted in the neighborhood with the 18" swale are starting to tip because of the angle they have to be planted. Director Prouse stated he has not heard anything about trees being required in the swales in the Sunrise Acres neighborhood. Clerk West stated the developer requires a specific type of tree to be planted in the swales and that tree is approved by City Code. Council Members discussed the engineering behind Mr. West's design and the necessity for a slight grade to drain water from the sidewalk into the french drain. Council Member Thompson stated he is only concerned with damaging the road. He continued and stated Mr. West is presenting another option for drainage that has been reviewed by an engineer, and he believes this is why we have a variance option. Council Member Thompson continued and stated the City Council has already acknowledged the issues with drainage swales, which is why they have chosen to go away from them for new developments. Director Prouse stated drainage swales have been reviewed by engineers to be safe and efficient when done correctly. He continued and stated if the Council allows this to be approved, the City will be fighting every other homeowner in the Sunrise Acres neighborhood. Council Member Wadsworth asked Director Prouse if he feels this design would be a good alternative for drainage if the Code didn't have the 18" requirement. Director Prouse stated he understands there is a reason the City has gone away from swales and the problems associated with them, but when a homeowner purchases property in a neighborhood that requires swales they should be prepared to install drainage swales properly. He continued and stated the decision up for discussion tonight is the approval or disapproval of a variance. Council Member Mann asked Mr. West if this situation is unique to his home or if this situation will affect others in the neighborhood. Mr. West stated he believes this will be an issue in the whole neighborhood because of the amount of clay in the ground and the tree requirement. 2 IONA CITY COUNCIL REGULAR MEETING—MAY 23, 2023 Council Member Mann asked Director Prouse if he finds this method an appropriate means of drainage, regardless of what the City Code states. Director Prouse stated he believes the drainage will be sufficient, but the requirement in that neighborhood is the 18" drainage swale. He continued and stated there are other homes in that neighborhood that have installed infiltrators and have relatively flat swales. Council Member Mann asked what type of recourse the City is taking against those homeowners. Director Prouse stated he has required proof of the infiltration systems installed on those lots and will watch them over the next year to determine if their system is sufficiently handling the amount of water and snow they collect. Council Member Mann stated if Mr. West's design is proven to be faulty over time, the City can require him to go back and create the 18" swale. Director Prouse reiterated the application for Mr. West is for a variance from the City Code and the requirement for an 18" drainage swale. Council Member Mann stated there are others that are not in compliance and have been allowed to continue with their own drainage design if it proves adequate. Director Prouse stated he tries to be as consistent as possible without making people go back and dig up their swales after they are completed. Council President Geray asked if the Council disapproves the variance and Mr. West chooses to continue finishing the swales with his original design, would the City still enforce the 18" swale requirement. Director Prouse stated he would not, if the drainage system functions and is not hazardous to snow removal equipment or travelers. Mr. West stated he recognizes that other residents do not adhere to the City Code. But he serves on the P&Z and his wife works for the City, therefore he felt the need to go through this process as required and do the right thing. Mayor Gubler stated this is a Public Hearing and asked if anyone from the audience had any comments for or against this agenda item. No comments made. Mayor Gubler then closed the Public Hearing portion of this agenda item for Council deliberations. Director Prouse stated he feels the variance sited the wrong section of the City Code. Clerk West explained this was still noticed as a Public Hearing and all residents within 300' of the applicant were notified. She continued and stated everything was done the same for Mr. West's application as for any other variance application she has received. Council Member Wadsworth stated he recognizes the importance of having a City Code and enforcing those codes. However, he also understands the City has gone away from swales because it is not the best answer for drainage. He continued and stated he believes the Council needs to review the Code in depth and add other options for homeowners to make improvements to their properties if they meet the basic standards mechanically and aesthetically. Council President Geray reiterated his appreciation for what Mr. West has done and for going about the process the correct way, but he does not see the hardship that allows the City Council to approve a variance. He continued and stated he is consistent with his application of the City Code and cannot deviate from that for one application. Council President Geray agreed there are improvements that need to be done with the Code and would like the Council to have some additional flexibility on granting variances. But as the City Code is written today, he cannot approve a variance without a proven hardship. Mayor Gubler entertained a motion. Council Member Wadsworth made a motion to approve the Variance Application for James West to allow for the drainage system that he has installed and designed and if drainage becomes an issue in the future, the City has the authority to require the 3 IONA CITY COUNCIL REGULAR MEETING—MAY 23, 2023 swale to be retrofitted to come into compliance. Council Member Thompson seconded the motion. A roll call vote was taken: Council President Geray: NO Council Member Wadsworth: YES Council Member Thompson: YES Council Member Mann: NO Mayor Gubler voted NO as the tie breaker. Motion did not carry. Public Hearing, Amendment to Iona City Code § 11-5-9: Residential (R-2) Zone; adding a requirement for a garage or carport of like materials (Ord. 287-05-23) — Clerk West stated the City has had an influx in landowners wanting to have manufactured homes on their property. She continued and stated all the zoning chapters of the City Code reference a separate chapter that defines requirements for manufactured homes, including the need for a garage or carport of like materials. Clerk West further explained the City cannot require manufactured homes to have a requirement that is stricter than stick built homes in the same section. The R-2 Zone does not require garages or carports, therefore the City cannot require manufactured homes in the R-2 Zone to require garages or carports. She continued and stated Attorney Rawlings had suggested the City require homes in the R-2 Zone to have a garage or carport to be consistent with this same requirement for manufactured homes. Clerk West stated all the other zones require a garage or carport, but the R-2 Zone currently does not. Council President Geray stated the R-2 Zone is considered a multi-home zone that also allows single family residential homes and manufactured homes. He continued and stated if they change the Code to require a garage or carport in the R-2 Zone that applies to all the multi-home units. Council President Geray stated he does not feel it is necessary or appropriate to require a garage or carport for multi-home units. He continued and stated the way he interprets the Code is that if someone is building a single- family home or manufactured home, they are required to have a garage or carport. But a multi- home unit in the R-2 Zone should not be required to have a garage or carport. Clerk West stated the Council can discuss this at next month's meeting when Attorney Rawlings is present. She continued and stated the way the Code is currently written is against the Fair Housing Act, because it requires manufactured homes in the R-2 Zone to have a garage or carport, but not the stick-built homes. Council President Geray stated they need to table this discussion to get additional information from Attorney Rawlings. Mayor Gubler entertained a motion. Council Member Thompson made a motion to table this agenda item. Council Member Wadsworth seconded the motion. All in favor. Motion carried. Application for Firework Display Permit, James West—James West of 4678 N. Sunset Drive approached the podium and stated he is here to apply for his annual Firework Display Permit to host a private firework show at the City Park. He continued and stated they had a great event last year and want to continue. Mr. West stated they will have the same safety precautions, including barriers around the staging area and only adults will be allowed to launch fireworks. Council Member Mann requested the buffer zone be 20-30 feet larger than last year. Mr. West stated that is agreeable. 4 IONA CITY COUNCIL REGULAR MEETING—MAY 23, 2023 Mayor Gubler entertained a motion. Council Member Thompson made a motion to approve the Application for Fireworks Display Permit for James West. Council Member Wadsworth seconded the motion. All in favor. Motion carried. Application for Firework Sales Permit; Nathan Erickson, Outlet Fireworks, LLC — Mayor Gubler stated this applicant is looking to set up a fireworks stand on the northeast corner of Iona Road and Main Street, with permission from the landowner. Clerk West stated the applicant was unable to make it tonight because of prior obligations. She continued and stated the applicant informed her he is still deciding on the exact location on the lot where the stand will be placed. Council Member Mann expressed concern regarding parking and pedestrian safety but is in favor of the application. Mayor Gubler entertained a motion. Council Member Wadsworth made a motion to approve the Application for Firework Sales Permit for Nathan Erickson of Outlet Fireworks, LLC. Council Member Wadsworth seconded the motion. All in favor. Motion carried. Application for Business License; Krystal Keck, Little Titans Preschool, LLC — Krystal Keck approached the podium and stated she grew up in Iona and is excited to teach preschool out of the City Building. Clerk West explained Debbie Whitehead with Good Foundations Preschool is retiring and has sold her business to Mrs. Keck. Mrs. Keck stated she will only hold class on Tuesday, Wednesday and Thursday and will only teach 4- and 5-year-olds. Council Member Mann asked how many other adults will be in the preschool. Mrs. Keck stated she will be the only adult for now but will add another if the preschool grows. Mayor Gubler entertained a motion. Council Member Mann made a motion to approve the Business License Application for Krystal Keck of Little Titans Preschool, LLC. Council Member Wadsworth seconded the motion. All in favor. Motion carried. Approval of Lease Agreement; Little Titans Preschool, LLC — Clerk West stated this Lease Agreement is the same one that was used for Good Foundations Preschool. Council President Geray asked if Attorney Rawlings has approved it. Clerk West confirmed it has been reviewed by Attorney Rawlings. Mayor Gubler entertained a motion. Council Member Wadsworth made a motion to approve the Lease Agreement for Little Titans Preschool, LLC. Council Member Thompson seconded the motion. All in favor. Motion carried. STAFF REPORTS: Clerk West stated tomorrow the surplus auction will go live with over 400 items the City is looking to sell. She continued and stated the dumpsters will be delivered this week for the annual Spring Clean-up and will be there for 2 weeks. Clerk West also stated the City will be hosting our first Yard Sale on June 3rd. She continued and stated all residents are allowed to participate for free if they would like to sell at the park, but non-residents are not permitted to sell at the park. Clerk West also reported the Area of Impact Work Meeting that took place earlier this month went well and will be on the Bonneville County Planning & Zoning Commission's June agenda as a Public Hearing. 5 IONA CITY COUNCIL REGULAR MEETING—MAY 23, 2023 Director Prouse stated the Department of Environmental Quality (DEQ) will be here May 31St and June 1st to start abatement of the old underground storage tanks on the north end of the City Park. Council Member Mann asked what impact this will have on recreation. Director Prouse said they should be contained in the existing fenced area and should not impact sports or activities at the park. Deputy Davies stated he is trying to be seen more and completing more traffic stops. He continued and stated he does not always issue tickets, but he has increased the number of traffic stops to help with enforcement. Mayor Gubler stated he has received a lot of positive comments and expressed appreciation for his efforts. Council President Geray, Council Members Wadsworth& Thompson all stated nothing to report. Council Member Mann expressed appreciation to Director Prouse and the Public Works Department for their efforts sweeping the streets. He continued and requested the City add more signage about dogs not being allowed at the park during recreation games. Clerk West stated most people ignore the signs and she feels it may be more beneficial to have Recreation Director Homer notify all of the coaches to let them know dogs are not allowed during games. Mayor Gubler stated he has received complaints regarding the late hours the fiber companies are working and asked Director Prouse to enforce a time for them to follow. Discussion took place regarding the appropriate hour for work to cease. Council President Geray stated the crews are only in each area for a couple of days, so it shouldn't be affecting the same people for too long. Mayor Gubler also stated there is a new requirement that DEQ is imposing for the new fuel tank the City will be putting up on the new water tank. He continued and stated there now needs to be a triple containment wall. Mayor Gubler stated he has instructed Director Prouse to look into pre- cast options. Director Prouse stated this is a new enforcement of an existing rule. Mayor Gubler also reported the City is looking for a new Public Works Laborer and is currently accepting applications and holding interviews. Meeting Adjourned at 8:21pm COUNCIL APPROVED: June 27, 2023 Dan Gubler, ayor ATTEST: V l�'��✓ / eri West, City Clerk/Treasurer 6 City of Iona Check Register-lona Page: 1 Check Issue Dates:5/1/2023-5/31/2023 Jun 05,2023 12:49PM Report Criteria: Report type: Summary GL Period Check Issue Date Check Number Payee Description GL Account Amount 05/23 05/01/2023 20182 GREG MCBRIDE Mech&Plumbing Inspections 104720 535.00 05/23 05/01/2023 20183 H.D.FOWLER CO. Blue Staking Flag 514710 320.00 05/23 05/01/2023 20184 HOLDEN KIDWELL HAHN&CRAPO P.L.L.C. Legal Letters,AOIA, Code Amend 514160 1,805.00 05/23 05/01/2023 20185 PORTER'S OFFICE PRODUCTS Toner 514150 899.58 05/23 05/01/2023 20186 TACOMA SCREW PRODUCTS,INC. Blue Marking Paint 514710 47.92 05/23 05/04/2023 20187 AMERICAN CONSTRUCTION SUPPLY&REN Marking Paint 514710 33.56 05/23 05/04/2023 20188 BLACKFOOT COMMUNICATIONS TELEPHONE 104150 172.29 05/23 05/04/2023 20189 CITY OF IONA City water usage/bill 104711 539.00 05/23 05/04/2023 20190 MOONSHINE COMMERCIAL CLEANING SER City Building Cleaning 514710 725.00 05/23 05/04/2023 20191 PSI ENVIRONMENTAL Dumpster-3548 N.Main 514710 131.99 05/23 05/04/2023 20192 TETON MICROBIOLOGY LAB Coliform/E.Coli Water Tests Elim 514710 96.00 05/23 05/15/2023 20196 ALLEN ELDRIDGE Building Inspections 104720 1,000.00 05/23 05/15/2023 20197 APG WEST PAYMENT Surplus Auction Notice 104155 131.67 05/23 05/15/2023 20198 BELNAP CUSTOM WOODWORKING,LLC 2 SETS OF CORNHOLE BOARD 104955 240.00 05/23 05/15/2023 20199 BISCO PURPLE MARKING PAINT 514710 40.04 05/23 05/15/2023 20200 CHEMSEARCH Contract Water Treatment Progra 514710 235.52 05/23 05/15/2023 20201 DIGLINE,INC. Utility Locator Monthly Fee 514710 89.76 05/23 05/15/2023 20202 DIRECT COMMUNICATIONS ROCKLAND CITYWIDE FIBER PROJECT 104820 450,000.00 05/23 05/15/2023 20203 FALLS PLUMBING SUPPLY,INC. Shop Supplies 514710 179.01 05/23 05/15/2023 20204 FORSGREN ASSOCIATES,INC. Countryside Plat Review, Hook U 514180 3,480.00 05/23 05/15/2023 20205 H.D.FOWLER CO. Curb Boxes 514710 1,352.36 05/23 05/15/2023 20206 INTERMOUNTAIN GAS CO. Natural gas 104175 882.18 05/23 05/15/2023 20207 KC'S ALL AMERICAN SPORTS Baseball/Softball Shirts 104955 6,512.00 05/23 05/15/2023 20208 METROQUIP,INC. Street Sweeper parts 104713 1,036.46 05/23 05/15/2023 20209 RMT EQUIPMENT Spindles&Mounts 514710 693.70 05/23 05/15/2023 20210 TACOMA SCREW PRODUCTS,INC. Blue Marking Paint 514710 143.76 05/23 05/15/2023 20211 TETON MICROBIOLOGY LAB Coliform/E.Coli Water Tests 514710 128.00 05/23 05/15/2023 20212 VERIZON WIRELESS Cell phones-Randy 104955 296.14 05/23 05/16/2023 20213 GREG MCBRIDE Mech&Plumbing Inspections 104720 735.00 05/23 05/16/2023 20214 JOE&TANYA OLIVAS REFUND WATER OVERPAYMEN 011075 23.71 05/23 05/16/2023 20215 VEGA'S REPAIR,LLC REPLACED RADIATOR IN 2015 514730 1,060.31 05/23 05/18/2023 20216 ENERGY MANAGEMENT CORPORATION Service Well Generator 514710 520.00 05/23 05/18/2023 20217 ERIKS NORTH AMERICA,INC. Hydrant 514710 361.84 05/23 05/18/2023 20218 H.D.FOWLER CO. No Lead Valve and Cover Lid 514710 1,013.62 05/23 05/18/2023 20219 METROQUIP,INC. Street Sweeper parts 104713 60.96 05/23 05/18/2023 20220 ROCKY MTN.POWER Street Lights 104713 151.81 05/23 05/18/2023 20221 TETON MICROBIOLOGY LAB Coliform/E.Coli Water Tests Elim 514710 64.00 05/23 05/30/2023 20233 FALLS PLUMBING SUPPLY,INC. Pop-Up Sprinklers 104712 348.24 05/23 05/30/2023 20234 FIRST STEP TRAINING BATMAT TRAINING MATS 104955 148.35 05/23 05/30/2023 20235 H.D.FOWLER CO. Blue Wire&Marking Paint 514710 241.96 05/23 05/30/2023 20236 HOLDEN KIDWELL HAHN&CRAPO P.L.L.C. AOIA and Legal Letters 104160 1,014.50 05/23 05/30/2023 20237 NETBACK,LLC Data Backup 5GB 514150 75.00 05/23 05/30/2023 20238 RANDY HOMER REIMBURSEMENT FOR RECRE 104955 50.11 05/23 05/30/2023 20239 ROCKY MTN.POWER Well#1 514175 3,298.98 05/23 05/30/2023 20240 ROGUE SERVICES LLC Water System Repairs 514710 1,640.00 05/23 05/30/2023 20241 SPARKLIGHT Internet-Office 514150 181.61 05/23 05/30/2023 20242 TETON MICROBIOLOGY LAB Coliform/E.Coli Water Tests Elim 514710 160.00 Grand Totals: 482,895.94 Summary by General Ledger Account Number M=Manual Check,V=Void Check City of lona Check Register-Iona Page: 2 Check Issue Dates:5/1/2023-5/31/2023 Jun 05,2023 12:49PM GLAccount Debit Credit Proof 01-1075 23.71 .00 23.71 01-2010 .00 23.71- 23.71- 10-2010 127.91 469,726.70- 469,598.79- 10-41-50 791.28 .00 791.28 10-41-55 131.67 .00 131.67 10-41-60 2,165.35 .00 2,165.35 10-41-63 1,392.00 .00 1,392.00 10-41-75 752.10 .00 752.10 10-47-11 1,902.22 127.91- 1,774.31 10-47-12 420.24 .00 420.24 10-47-13 2,338.68 .00 2,338.68 10-47-20 2,311.27 .00 2,311.27 10-47-30 530.16 .00 530.16 10-48-20 450,000.00 .00 450,000.00 10-49-55 6,991.73 .00 6,991.73 51-2010 115.72 13,389.16- 13,273.44- 51-41-50 619.74 .00 619.74 51-41-60 654.15 .00 654.15 51-41-75 2,267.61 .00 2,267.61 51-41-80 2,088.00 .00 2,088.00 51-47-10 7,229.51 115.72- 7,113.79 51-47-30 530.15 .00 530.15 Grand Totals: 483,383.20 483,383.20- .00 Dated: O 23/1��/ I Mayor: City C ncil: --.19.4 "........."*..."."4 . 2 Z/ 6614y c,/ / .23 ,__75.7 --- „,,,,,,,„„„_?4,_ Report Criteria: Report type: Summary M=Manual Check,V=Void Check