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HomeMy Public PortalAboutMinutes_City Council Work Meeting_08152023 CITY OF IONA CITY COUNCIL WORK MEETING IONA CITY HALL AUGUST 15,2023 6:00 P.M. PRESENT: Mayor Dan Gubler, Council President Rob Geray, Council Member Michael Thompson, Council Member Peter Wadsworth, Council Member Evan Mann, Public Works Director Zech Prouse, City Attorney Andrew Rawlings and City Clerk/Treasurer Keri West. ABSENT: None. VISITORS: Silas Young, Dixie Young, Shawn Branson, Trina Stumpp, Alma Stumpp, Kevin Davies, Lori Davies, Traci Mockli, Jim Bastan, Christy Abbott, Kirsti Cook and Mike Coombs. ITEMS OF BUSINESS: Discussion of Process for City Engineering Services Request for Qualifications — Council President Geray stated this discussion pertains to the process the City will go through soon when the current City Engineer contract expires on September 30, 2023. He stated Clerk West and Director Prouse have done the work thus far and asked for their insight on the status of this process. Clerk West stated she has researched Idaho State Code and other resources pertaining to the procurement laws for municipal contract workers and explained the public notice requirements. She continued and stated the City Council has all agreed on Thursday, September 7th as the best date to schedule a Special Meeting to go over the received Statement of Qualifications (SOQs). Clerk West further indicated the deadline for all SOQs to be submitted is 1:00pm on Friday, September 1st. Clerk West asked Attorney Rawlings if the Council should plan on awarding the highest rated firm at the Special Meeting on September 7th, or if that should wait until the Regular City Council Meeting. Attorney Rawlings stated the City can choose to award it on September 7th and approve the actual contract on September 26th, or they can wait to award the firm on the 26th and allow Mayor Gubler to finalize the contract as an administrative item by October 1st. Council President Geray stated he would prefer to review all of the submittals and make the formal selection at the Special Meeting on September 7th. He continued and stated this would give the City time to work with the winning firm on the contract and be prepared to approve that at the Regular City Council Meeting on September 26th. All agreed to this course of action. Clerk West asked if the submitting engineers should be invited to the Special Meeting on September 7th. Mayor Gubler stated it is a public meeting so they are able to attend,but they should not be directly invited or plan on presenting anything at that meeting. Discussion of Fiscal Year 2024 Final Budget — Clerk West stated the only thing she changed on the budget from last month's discussion is the expected revenue and expenses for City Events. She continued and stated she discussed this with City Events Coordinator, Rylea Farrens, and they both felt it was appropriate to reduce the amounts because there are not as many large items to purchase for next year's City events. Clerk West further explained the revenue was very high this year, so the City was able to purchase a lot of supplies that can be reused year after year. Council President Geray stated the Fiscal Year 2024 Final Budget is on the Regular Meeting agenda for approval. No other questions or comments mentioned. Discussion of Playground at Pioneer Park — Director Prouse stated Rylea Farrens is looking into grants for the City to purchase playground equipment for Pioneer Park. Clerk West stated IONA CITY COUNCIL WORK MEETING -AUGUST 15, 2023 she has informed Assistant Farrens that most grants for playgrounds require matching funds, so she would like to see what the Council would be willing to put towards this expense. Clerk West stated the City would be looking to contribute a minimum of$5,000 - $10,000, with a matching grant. Mayor Gubler began a discussion about potential locations for the playground equipment. General Fiber Project Discussion —Director Prouse stated Direct Communications' (DC) main line crew has finished the majority of the City and they have other crews splicing. Clerk West confirmed most of the Rose Valley Subdivision has been connected and is online with their fiber service. Council Member Mann stated he thought this was going to be a much longer process and asked if DC is way ahead of schedule. Council Member Thompson stated he was told that DC has hired additional crews to expedite the project. Discussion of Iona City Code § 10-1-17(E), pertaining to Construction Requirements for Public Ways in the Iona Subdivision Ordinance, specifically driveway approaches — Director Prouse stated this was a discussion topic requested by the City's Building Official, Allen Eldridge. He explained the current code requires a 30 foot maximum driveway approach, but the City is seeing accessory buildings going in where the homeowners are requesting additional driveways. Director Prouse continued and stated nothing in the code prohibits homeowners from having 2 parallel driveways. He and Official Eldridge would like to see something added to the code that regulates that. Director Prouse asked Clerk West if she has received any feedback from the City Engineer regarding pedestrian safety concerns. Clerk West stated she has not received anything back from the City Engineer after her request earlier this month. Council discussed the specifics of this situation and Council Member Wadsworth asked if there was already a code that regulates the maximum driveway percentage of the frontage. Director Prouse stated that code only applies to half-circle driveways and does not include separate driveways. Council President Geray stated if the Building Official has noticed this happening, it needs to be addressed so that it does not cause drainage issues on the roads. Director Prouse stated he would like to receive feedback from the City Engineer before moving forward with any proposed changes. Clerk West stated the Planning & Zoning Commission (P&Z) discussed this at their last meeting and agreed that something should be added to the code to regulate it, such as a percentage of frontage allowed for driveways. Council and Director Prouse agreed with that suggestion. Council Member Wadsworth stated he would like to add something similar to the swale discussion at last month's meeting that allows the homeowner to vary from the standard with approved engineer drawings. Director Prouse said that is a possibility and requested to discuss this further at next month's meeting after feedback from the City Engineer has been received. All agreed. Discussion of Public Right of Way Permit# 2023-01 for Fybercom, LLC — Mayor Gubler stated there are concerns regarding the Public Right-of-Way permits for Fybercom. He continued and stated there have been several instances with fiber build out in the Mountain Ridge and Barnes Addition neighborhoods. Mayor Gubler stated there have been 2 gas lines that have been hit that required homeowner evacuations. Director Prouse stated he can confirm that both of those instances were caused by Fybercom. Council Member Thompson stated he has heard that Fybercom has also cut multiple lines belonging to Century-Link. Council President Geray asked if that was verifiable. Director Prouse stated he can contact the crews and Digline to obtain proof, if necessary. Council President Geray stated that is information he would like to know prior to moving forward with any legal action. Director Prouse stated Fybercom's first permit 2 IONA CITY COUNCIL WORK MEETING-AUGUST 15, 2023 was pulled in August 2022 and it still has not been completed. He continued and said after reviewing the City Code for Public Right-of-Way Permits, he believes there is cause to move forward with revoking their permits. Council President Geray stated he is not opposed to that course of action, as long as the allegations are corroborated. He continued and stated if the proof is there, he agrees to revoke their permit because they are putting our citizens' safety at risk. Mayor Gubler then stated another requirement in the code is that anyone doing work in the public right-of-way is to restore it to its original condition when their work is completed. He continued and stated the City has received multiple complaints about this not taking place with Fybercom. Director Prouse agreed and stated he also included this in the"Special Conditions"on Fybercom's permits that were all signed by one of their representatives. Council Member Wadsworth asked if the City has contacted Fybercom about any of these issues. Director Prouse stated he has spoken with their foreman many times on specific issues that needed correction. Council Member Mann asked Director Prouse if he has spoken to Fybercom directly or to their contractors. Director Prouse stated Fybercom has not subcontracted any of the work and stated all of the crews doing the install work directly for Fybercom. Mayor Gubler asked Attorney Rawlings if the City can legally restrict or revoke Fybercom's permits and if so, what the next step in that direction is. Attorney Rawlings confirmed in Iona City Code 8-3: Public Right-of- Way Construction it does allow the City to suspend or revoke a permit. Council President Geray asked if any incidents of similar significance have occurred with Direct Communications. Director Prouse stated he would need to verify with Digline, but he does not believe there have been any significant issues. Council Member Thompson asked if the damage that has occurred with Fybercom is due to a different installation method than the City required for Direct Communications. Director Prouse stated the install method Fybercom is using is a valid method, but their installers seem to be incompetent in the process. He did verify that Fybercom and Direct Communications are using different installation methods. Council Member Wadsworth suggested the City Council invite Fybercom to their Special Meeting to discuss with them the situation and the City's intentions. Director Prouse suggested the City follows the process as outlined in the City Code and be put on notice by the City Attorney. Attorney Rawlings stated the written notice is required prior to any further action being taken regarding their permit. He continued and stated the first step would be for the City or himself to send Fybercom a written notice outlining the issues with possible repercussions if issues do not improve or get resolved. Council Member Thompson asked if the letter can be written as a "cease and desist" type of letter to have construction stop until the issues are fixed. Attorney Rawlings stated a written notice is required prior to any permit suspension or revocation. All Council Members and Mayor Gubler agreed to have the written notice come from the City Attorney directly, rather than from the City Office. Discussion of Annexation Plans for Green Valley and Nu'R Subdivisions — Attorney Rawlings stated he has not made any updates to the written Annexation Plan. He continued and stated Clerk West has added some spreadsheets to illustrate the difference in taxation. Council Member Mann stated he appreciates the multi-year comparison on the spreadsheets to show the tax fluctuations from year to year. Council President Geray requested additional information on the spreadsheets showing the average home value in the nearby cities and Bonneville County. He continued and stated the reasoning behind this is to determine whether homes in Ammon and Idaho Falls are typically valued higher than Iona, which would increase the total amount of their property taxes. Mayor Gubler then stated the cost of services is also very different between the various cities. Clerk West stated she will research the median home value in each of the 3 IONA CITY COUNCIL WORK MEETING -AUGUST 15, 2023 discussed areas to add to the spreadsheet. She also stated she would create the required spreadsheet showing just Bonneville County and City of Iona property tax rates. A member of the audience asked the Council if there is an Annexation Plan the public is able to view. Mayor Gubler stated that is what the City is currently working on and it will be sent out to all affected citizens when it is complete. Another audience member asked what information the Council is still working on in the Annexation Plan. Mayor Gubler stated they are working within the legal parameters and gathering information for topics of discussion in an organized and easy to read manner. Council President Geray stated the reason for the Annexation Plan is to convey information to the affected homeowners regarding the benefits of annexation, state statutes, etc. He continued and stated the City is pursuing a "Category C" Annexation which will give the homeowners a vote. An audience member asked if the plan is to annex the Nu'R Subdivision and Green Valley Subdivision together. Council President Geray confirmed that is the current plan. An audience member started a discussion about the various uses the residents of the Nu'R Subdivision currently are allowed and whether or not those uses would be allowed if annexed into the City of Iona. Mayor Gubler confirmed the existing uses would be "grand-fathered" in as allowed, even with the sale of the property, as long as the use itself continues. Attorney Rawlings stated the use that would be preserved is what is currently taking place, it cannot be increased. Council President Geray clarified those uses would need to comply with current Bonneville County ordinances. Mayor Gubler stated the City of Iona allows cows, horses and other animals based on the total acreage of the property. Discussion continued regarding Iona's ordinances pertaining to animals. An audience member asked the legality of the City of Iona continuing with the annexation process if the residents have already completed a survey amongst themselves and it has been determined that they do not want to be annexed. Mayor Gubler stated legally the City has a process that needs to be followed. Council Member Mann stated there will be an official vote for all residents in Nu'R and Green Valley Subdivisions on the annexation. Clerk West stated the City of Iona could legally force annex the Nu'R Subdivision because there are a small number of lots and they are all contiguous with the City limits. She continued and stated the City does not want to do that, which is why the Council has chosen to combine Nu'R with Green Valley in a potential annexation that then requires a vote. Attorney Rawlings confirmed and stated Idaho State Code 50-222 does allow municipalities to annex without a vote for any contiguous subdivisions with less than 50 lots. Meeting Adjourned: 6:58 p.m. COUNCIL APPROVED: September 26,2023 Dan Gubler, ayor ATTEST: /W.4 Keri West, City Clerk/Treasurer 4