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HomeMy Public PortalAboutMinutes_CCWorkMeeting_07152014CITY COUNCIL WORK MEETING JULY 15, 2014 - 6:00 P.M. IONA COMMUNITY CENTER PRESENT: Mayor Brad Andersen, Council President Robyn Walker, Council Member Rob Geray, Council Member Dan Gubler, Council Member Kathy McNamara, Public Works Director Zech Prouse, Police Chief Shannon Basaraba, Building Inspector Allen Eldridge, Treasurer Amy Sullivan, and City Clerk Julie Hammond. ABSENT: None. VISITORS: None. Budget Discussion: Council discussed the Fiscal Year 2015 (FY15) Preliminary Budget. The main concerns regarding the budget were the property tax percentage rate (0-3%) and the police payroll. Council was concerned about increasing property taxes to constituents but at the same time wanted to make sure there was a buffer in case of an emergency or upgrade needed. Day- to-day operation costs are increasing as well as employees' workloads. As far as the police payroll, it included time for the Animal Control Officer. Other items touched on included: Recreation Department adding a Flag Football Program; Office adding a Minutes Software Program; Historical Committee, Mayor's Youth Advisory Council, and Iona Days each having their own line item; Land Acquisition for water well and/or tank; Water Rate Study in October; and Equipment Reserves used for the Kubota and Service Truck. Council would have further discussion and make their decision regarding the FY15 Preliminary Budget during the City Council Meeting. Adjourned 6:55 p.m. a-94-'77 PLANNING AND ZONING MEETING IONA COMMUNITY CENTER JULY 9, 2014 6:30 P.M. PRESENT: City Attorney Dale W Storer, Chairman Dan Garren, Members — Roy Hobbs, Bette Lovinus, Melanie Shirling, and Clerk Julie Hammond. ABSENT: None. VISITORS: Carolyn Depperschmidt, David M Taylor, Dale Nealis, Jeromy Stafford, Carolyn Hansen, Karen Lugo, Tom Lugo, Rodney Bell, RoseAnn Nealis, Mike Coombs, Kevin H Davies, Lance Wartchow, Traci Mockli, Jim Baster, Alma Stumpp, Greg Hansen, John Seedall, Jack Depperschmidt, Silas Young, Dixie Young, Craig L Hansen, Kristen Stafford, Rob Hawkins, Chris Hawkins, Roger Killian, Vicki Killian, Jinger Coombs, Aubrey Wieber, Lori Davies, Susan Jardne, Trina Stumpp, Ryan Walker, Hugo Rubio, Blanca Rubio, Michael Waters, Lisa Hawkins, Linda Stanger, Brad Nielsen, Renee Cook, Travis Lake, and Republican De11 Raybould. Chairman Garren welcomed everyone and Member Hobbs led with the Pledge of Allegiance. Nu'r Subdivision Annexation Public Hearing — 6:30 p.m.: Chairman Garren had Planning & Zoning Members introduce themselves. He explained the public hearing process and reminded everyone that Planning & Zoning (P&Z) doesn't make the decision but gives a recommendation to Council. Chairman Garren stated is was important to hear from everyone and to please keep your comments from three to five minutes long. Chairman Garren led everyone through a Power Point Presentation including the following: Exhibit "1" — City of Iona Boundaries/Impact Area Exhibit "2" — Nu'r Subdivision Recorded Plat Exhibit "3" — City of Iona Annexation Plan Exhibit "4" — City of Iona Public Hearing Notice Exhibit "5" — City of Iona Comprehensive Plan Exhibit "6" — Bonneville County Residential Agricultural (RA-1) Zone Exhibit "7" — City of Iona Single Family Residential (R-1) Zone Exhibit "8" — City of Iona Residential Agricultural (R-A) Zone Exhibit "9" — City of Iona P&Z Category B Annexation Public Meeting Power Point Exhibit "10" — Idaho Statutes Title 50 (Municipal Corporations) Chapter 2 (General Provisions — Government — Territory) Chairman Garren explained that the City was trying to manage growth. He indicated the growth taking place across the street from the Nu'r Subdivision Homeowners. Chairman Garren explained the City must be contiguous to the Green Valley Subdivision in order to annex it into the City. He stated, under Idaho State Law — Annexation Legislation, cities are allowed to annex lands which are reasonably necessary to assure orderly development; to allow efficient and economically viable provision of tax -supported and fee supported municipal services; enable orderly development of private lands which benefit from the cost-effective availability of municipal services in urbanizing areas; and to equitably allocate costs of public services in management of development on the urban fringe. Chairman Garren explained that the City of Iona had met the requirements and taken the necessary steps to initiate a Category B Annexation of the Nu'r Subdivision. Chairman Garren addressed written concerns. He stated most of the concerns were that Nu'r Residents did not want to be a part of Iona or have their water system. Chairman Garren explained that residents had the following options: 1. Nothing changes and Nu'r Residents maintain control of said water system. 2. The City gains control of said water system and inherits all operation and maintenance costs. 3. The City could extend a mainline from the western boundary of Mountain Ridge #4 to the community line of Nu'r Subdivision and connect them to the City. This would alleviate the operation and maintenance costs from the Nu'r Residents and supply them with a more reliable water system. All of the cost of construction could be covered by the City. Chairman Garren addressed another concern of Nu'r Residents which was higher property taxes. Nu'r Residents felt that they did not benefit from being annexed into the City of Iona. Chairman Garren explained that Nu'r Residents would have enhanced police coverage, repair and maintenance of roads. Another concern addressed by Chairman Garren was the ability for Nu'r Subdivision Homeowners to keep their animals (horses, cows, sheep, and chickens) and out buildings. He stated that under City Code Single Family Residential Title 11, Chapter 4, Section D allows for animals but another option might be to change the zoning to Residential Agricultural Title 11, Chapter 3, which is a more liberal animal husbandry zone. Chairman Garren explained that all non -conforming uses would be grandfathered in. Chairman Garren addressed property values. He indicated that properties in Bonneville County average 99 days on the market and the City of Iona properties average 103 days on the market. He stated the average sale price within Bonneville County at $158,719 and in the City of Iona the average sale price was $178,411. Chairman Garren opened the public portion of the hearing at 6:58 p.m. Those in favor, none; neutral, none; opposed, sixteen. Carolyn Depperschmidt of 4570 E Iona Rd was opposed. She stated with the growth of the City we would have to change the motto of "Small Town with a Big Heart." She also hated to see it become another Ammon. David M Taylor of 2860 N 45th East was opposed. He stated his property taxes would increase and he can't afford more taxes. Bonneville County already provides them with all services. He stated that the City says Nu'r Residents are using the Iona streets and parks but do Iona Residents use Ammon and Idaho Falls parks and streets. He stated that if Iona thinks their park is all that, they should put up a gate and charge a fee. As far as a zoning change he stated he likes his lifestyle and doesn't want to be grandfathered in. Dale Nealis of 2810 N 45th East was opposed. He agreed with Mr. Taylor. Mr. Nealis indicated their property value would be less if annexed into the City of Iona. He can shoot in his backyard if he wants to, but doesn't because it is not ethical. Jeromy Stafford of 2920 N 45th East was opposed. He asked why Iona would need to expand. The City of Idaho Falls provides fire, sewer, and police protection. Mr. Stafford stated normally residents come to the city for services, not the city moving in. As far as the municipal services, he stated that the City of Iona doesn't provide sewer, fire, or garbage service. The road is maintained by Bonneville County and the City of Iona only has one plow. Mr. Stafford has never needed police protection; he doesn't even lock his door. This is just a land grab and the City of Iona only wants our tax money. Code provides judicial review; I will fight you every step of the way. Tom Lugo of 2762 N 45th East was opposed. He is a salesman, owns his own business, and travels a lot. Mr. Lugo indicated he spoke with someone from Rexburg that thanked him for taking the bullets for them; taking away one person's rights. They stated you are on the front lines, if annexed; they can do it more in Shelley and Rexburg. Mr. Lugo came here from California, where he saw someone shot. He came here to reduce not expand. Rodney Bell of 2950 N 45th East was opposed. He came from Tennessee, Iona is about as rural as you can get. Mr. Bell seconded all of what Mr. Stafford stated. As far as safety is concerned, he does lock his doors, but has never felt safer. The Nu'r Well has the best water he ever tasted. The only reason he ever came to Iona was to vote and take his daughter to dance, which he pays for. Mr. Bell didn't feel he would get any additional services by being annexed into Iona. RoseAnn Nealis of 2810 N 45th East was opposed. She stated that the Fore Fathers granted us rights; we lose our rights every day. Ms. Nealis came from a small community and wanted to live in the county. She stated on the corner of Freedom and 45th there is stopping, starting, commotion, and they can't even sit on their patio. Something had happened to their mare, she was very nervous. She stated their water is the best she ever tasted. Property values will go down and she was afraid that their property would end up just like the homes on 17th Street. She asked Iona to give them the freedom on their property. Mike Coombs of 2660 N 45th East was opposed. Mr. Coombs asked why Iona wants us; you must have something up your sleeve. His dad and uncle went to war against Hitler for the same reason. He has two properties and would not get jack squat. He referenced the comment that they use Iona's parks. He stated that was classless. We live in America where the flag means something; Life, Liberty, and the Pursuit of Happiness. Mr. Coombs stated that they had no say in Iona's Comprehensive Plan. It is taxation without representation. As far as sales go; a lot of people are buying homes and putting money into escrows. Mr. Coombs made some phone calls to legislature and Iona better hustle because the loop whole will be closed. How many people want or care about this annexation. Three years ago he was approached by Mayor Andersen. He stated Mayor Andersen wanted the well and the water rights. He stated Iona's Police Department is a joke; Iona has no sewer service; roads are a joke; no fire services. Mr. Coombs was strongly opposed and stated you don't have the power. Kevin Davies of 2890 N 45th East was opposed. He moved into his home in 1980, there were hay fields all around. Iona has grown. Mr. Davies didn't see why Iona couldn't talk to Struhs' and Howell's next to the church. He stated the resale figures you have look good but not a reality; not perpetuity. He did not want to disrespect the officer. This officer comes from Ammon. Mr. Davies was adamantly opposed. He would be dealing with our legislators. Lance Wartchow of 4600 E Iona Rd was opposed. He owns six acres east of the Nu'r Subdivision. Mr. Wartchow asked how Iona leap frogs his property to get to their property. Traci Mockli of 2750 N 45th East was opposed. She has lived in her home since 1987 and has raised two boys there. Ms. Mockli is looking at retirement and wondering how she can afford it. She asked how could Iona force us to annex; was shocked they could. This will have an economic impact. The water is great, cold, and good. There are businesses in homes in our subdivision. Is there any other way around this? We have as many horses as we want to have. Ms. Mockli was in agreement with her neighbors. Jim Baster of 2750 N 45th East was opposed. He saw the Area of Impact Map; you could go around. He has never had to call the police. Who takes over the water? Mr. Baster indicated that home values are at 80% on busier streets. There is no curb appeal. When are you going to take our animals? Alma Stumpp of 3150 N 45th East was opposed. He stated he had cool neighbors. He indicated that they were not properly notified. Mr. Stumpp was opposed to this and that it is even taking place. He asked if 45t was going to be a City road. Mr. Stumpp stated this was a land grab at best. There was no benefit to Nu'r Residents or Iona. They had just spent $20,000 upgrading their pump. One of the proposals from Iona was to take it over; this was an asset to their property. Mr. Stumpp was reviewing Planning & Zoning Meeting Minutes and stated that when people come to annex into the City you make restrictions but for us you make exceptions. He stated the flag lot was too long and couldn't sell. There are City Ordinances on animals; you can have so many chickens, cows, but not pigs. He bought in the County in 1995. He doesn't want to be a part of the City. On another point, he stated there are only three states that it is legal to do this. This is not constitutional; you forced us to be here at this meeting. Greg Hansen, Rockwell Development, of 5699 Veil Dr was opposed. Rockwell had been searching and found a very good attorney who deals with this sort of thing. The whole reason Iona wants to do this is for the revenue; wants revenue from Green Valley. Rockwell proposed this subdivision to Bonneville County. Let the County have it. Iona approached Rockwell with annexing Green Valley but they needed to be contiguous. He told Iona if they wanted the property they better get going because once a home sold they would not annex. The City could not find anyone that wanted to annex. Mr. Hansen indicated that he asked what Iona was going to do right before the first buyer. Mr. Hansen stated that Iona had sent a letter asking Rockwell to annex. They opposed because it is the homeowners choice. The homeowners bought thinking it was Bonneville County. Rockwell is adamantly opposed to the annexation because it is a forced annexation. It doesn't meet Iona's zoning. He suggested Iona change their zoning if they want Rockwell property so bad. They have retained an attorney that has taken a lot of these cases. They will recoup the fees and they have deep enough pockets to fight it all the way. Mr. Hansen stated that forcing someone is not right. The visitors applauded. Robyn Hansen of 2720 N 45th East was opposed. Her brother built the home in 1972 and they bought it in 1976. They loved the location. They have had a home business since 1989. They have horses on their land and had a working ditch until the neighbors behind them buried it. The neighbors stated that they would not unbury it for the safety of their kids. Rockwell came in and owiN unburied it on our side of the property. You are trying to take our freedoms away. I am against it. Chairman Garren closed the public portion of the hearing. He addressed the questions presented. Chairman Garren stated Iona can't leap frog the six acres of property; it has to be contiguous. Chairman Garren explained that growth is going to happen and it does have an impact/strain on Iona. That is why Iona wants to annex the property; to manage growth. Chairman Garren explained that property values are difficult to project but the point he was trying to make was that in Iona they are high and that it would be unlikely that property values would go down as a result of being annexed into Iona. Chairman Garren indicated that one of the options for the water was that nothing would happen. Homeowners could continue using their well. Water agreements would have to be negotiated with the City Council. Chairman Garren stated that 45th would remain a County Rd but Denning and Freedom would be in and maintained by the City of Iona. Chairman Garren sympathizes with the homeowners but reminded them that the public portion of the hearing was closed and their comments were not being noted. He stated it was time for internal deliberations. Chairman Garren stated that Iona does have existing code for home businesses. Planning & Zoning (P&Z) Member Shirling stated that Iona has lower density housing while the City of Ammon, City of Idaho Falls, and Bonneville County allow for higher density housing. This causes more traffic. We want to keep our small town and be able to manage the traffic. P&Z Member Hobbs stated that we all share freedoms. If you look at the overall growth, pointing out Ammon and Boise, you want to look at the whole community and you have to manage growth. Rockwell is following Bonneville County Code which is higher density; high density drops your property value. P&Z Member Hobbs explained that all notices were sent out in a timely manner. Taxation is a burden everyone shares. He said we need to look at a ten year growth plan and be prepared for long-term changes. He stated that 45th will expand and the Iona Bonneville Sewer District is looking at their impact agreement with the City of Idaho Falls and Bonneville County. P&Z Member Hobbs empathizes with the Nu'r Residents but Iona is trying to manage growth. Mr. Nealis approached the P&Z Members and asked that his name be removed from the memorial in front of the City Building. P&Z Member Lovinus reminded everyone that growth is coming and that Rockwell had approached the City for a high density subdivision which was denied by the City of Iona. Traffic will get worse. Member Lovinus stated that nothing can stay the way it is because of the future. Chairman Garren explained that the annexation is reasonably necessary. The plan does provide for tax supported services and urban development. The City has to grow; ultimately grow and thrive. Chairman Garren suggested an R-A Zone being more appropriate. P&Z Member Hobbs stated that they are only a recommending board and the ultimate decision comes from Council. Chairman Garren reminded everyone that their comments are not being captured unless they are at the podium. Visitor yells, are you willing to end your careers. P&Z Member Hobbs motioned to recommend approval to Council of the Nu'r Subdivision Annexation with an RA Zone. Chairman Garren seconded the motion. All were in favor, motion carried. Planning & Zoning took a five minute recess. Minutes Approved: Member Lovinus motioned to approve the Planning & Zoning (P&Z) Minutes of June 11, 2014 as written. Member Shirling seconded the motion. All were in favor, motion carried. Bonneville County Area of Impact Agreement/Area of Expansion: P&Z Member Hobbs explained that Chris Frederickson, Idaho Falls Public Works Director, was reviewing IBSD's and Iona's desired impact area and will have an answer in August. If agreed IBSD will agree to expand services and then we can approach Bonneville County. P&Z Member Hobbs reported that the Idaho Falls City Engineers thought it would be a go. IBSD is looking for growth as well. P&Z Member Hobbs stated that the City of Idaho Falls Council would be meeting the end of July. P&Z Member Shirling asked him to e-mail her the date of that meeting; she would like to attend. Reports Chairman Garren reported that he had sent a document on Area of City Impact and would be sending another document as well. Clerk Hammond reported that she had spoken with Mayor Andersen regarding updating the Iona Comprehensive Plan. She stated that Mayor Andersen indicated that the only thing that needed to be updated was the Bonneville/Iona Impact Area Agreement. Clerk Hammond suggested P&Z Member Hobbs visit with Mayor Andersen. P&Z Member Lovinus reported that she would be away for the next two weeks. Action Items at a Glance: Chairman Garren: 1) Prepare written findings on the Nu'r Subdivision Annexation. Member Hobbs: 1) Send e-mail to Member Shirling regarding Idaho Falls Council Meeting. Meeting Adjourned 8:30 p.m.