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Home My Public Portal AboutMinutes_CCMeeting_05182010CITY COUNCIL MEETING MAY 18, 2010, 7:00 P.M. PUBLIC HERAING UNLICENSED VEHICLE ORDINANCE REVIEW 7:15 P.M. IONA COMMUNITY CENTER PRESENT: Mayor Brad Andersen, Council President Jane Shaw, Council member Dennis McArthur, Council member Bruce Case, Council member Dan Gubler, Treasurer Ron Nelson, City Clerk Robyn Keyes, Public Works Supervisor Zech Prouse, Police Chief Shannon Basaraba. VISITORS: Ramona Horton, Ryan Walker, Ron Roberts, Adrian Beazer, Susie Ransom, Ted Ransom, Terry McNamara, Paul Cardenas, Rick Higley, Mike Caldwell, Tina Caldwell, Dana Andersen, John Stanger, Tammy Anderson, Rodney Anderson, Don Andersen, Gloria Andersen, Cory Peterson, Tegan Felix, Karen Hansen, Roy Hobbs, Jason McConeghy, Mike Klingler, Brenda Klingler, Darrel Warnberg Mayor Andersen welcomed everyone and Clerk Keyes led with the Pledge of Allegiance. Citizen Recognition. Mayor Andersen explained that the City liked to recognize citizens that go above and beyond in efforts to help the City with projects and the over-all well being of the Community. The Mayor said the last person the City recognized was Paul Botero and his contributions with the Community Library. The Mayor said he had several people recommend the individuals being honored, and the Council agreed with the recommendations. The Mayor turned the time over to Council member McArthur. Council member McArthur said the City would like to recognize Don and Gloria Andersen for their efforts in helping to keep the City Park clean and free from debris and litter. The Councilman said everyone that used the park should appreciate all the Andersen's have done. Council member McArthur gave the Andersen's a plaque thanking them for their efforts. Mr. Andersen thanked the Council for the recognition and also thanked the Council for their dedication to the City. Council member Gubler also thanked the Andersen's and said when he had returned from Iraq he did not know anyone besides family here in Iona, and the Andersen's made him feel very welcome. Consent Agenda. The minutes, financial report, and expense report were reviewed. Supervisor Prouse explained the upgrades for Well #3 to the audience. Council member Gubler asked Treasurer Nelson if he would provide a grand total of the monthly expense report. The Treasurer said he would. Mayor Andersen entertained a motion from the Council. Councilmember Gubler made a motion to approve the consent agenda. 1 Council member Case seconded the motion. All were in favor. Public Hearing 7:15 p.m. After holding a public hearing to discuss the two conflicting unlicensed vehicle ordinances, the Council decided to table the issue to gather more information and hold a second public hearing. See Appendix A for hearing minutes. Citizen Recognition. Chief Basaraba introduced the other citizen the City wanted to recognize. The Chief said when he was building his new police station and soliciting prices for equipment, Jeff Kaltenbach, the manager of Staples in Ammon, and an Iona resident, found manufacturers willing to donate office equipment for the police station. The Chief thanked Mr. Kaltenbach for his efforts in saving the City and ultimately the tax payer's money. The Chief gave Mr. Kaltenbach a plaque and said a plaque would also be hanging in the police station. Mayor Andersen also thanked Mr. Kaltenbach on the behalf of the City and the Council. Ramona Horton showed the Council and audience two choices for the mural. The audience actively helped the Council choose a picture for the Council Chambers. Mike Klingler said according to the current City Ordinance; because he owned a corner lot, he would be required to ask for a variance to place a shop where he wanted it. Mr. Klingler proposed instead of asking for a variance, he would like to see the ordinance changed for corner lots. Supervisor Prouse said the ordinance had been changed and the setback requirement for accessory buildings was 5 feet. Mr. Klingler also wanted to put up a fence and asked the Council if he could put a 6 foot fence around the perimeter of his back yard and the adjacent lot he owns. Council member Case said he could with the exception of the front setback of the adjacent lot due to sight restrictions for traffic at the corner. Mayor Andersen asked Supervisor Prouse to go to the property and locate the furthest point Mr. Klingler could install a 6 foot fence. Mr. Klingler let the Council know what an outstanding job Supervisor Prouse had been doing, and how it was reflecting positively upon the City. Trash Collection Discussion. The Mayor said the City was still collecting proposals from thrash companies and the closing date for the proposal was June 1st Sally Price asked if the City would bill for the service. Mayor Andersen said the trash company would do the billing. Brenda Klingler asked if the residents would receive a better rate with the proposal. The Mayor said that was the intent. Karen Hansen asked what would happen to the people that paid ahead for the year. The Mayor said that would be part of the proposal discussion, and if the City went with a 2 different trash company than the resident had, the trash company would be required to refund the money to the resident, or the resident could stay with the company until their contract was complete. Council member Case reminded the audience that the service would not be mandated, but if the resident chose curbside collection, they would be required to go with the contracted company. The Mayor said the City would keep the public posted. Emergency Operations Plan (EOP). Chief Basaraba explained the reasons and importance of an EOP, and said the City was in the process of developing its own EOP. The Mayor said the City would be coordinating its efforts with the local church and school. Karen Hansen said an emergency plan was a concern when she was Mayor, and she suggested developing neighborhood watch groups, that way sections of the City were being accounted for by the watch leader, which was helpful when elderly and disabled people were involved. Conditional Use Permit Acceptance. Council President Shaw explained the City was required to accept the Findings of Facts and Decision Made for all conditional use permits. The Mayor entertained a motion from the Council. Council member Gubler made a motion to approve the Findings of Facts and Decision Made for School District #93 conditional use permit. Council President Shaw seconded the motion. Roll call as follows; AYE: Council President Shaw, Council member Gubler, Council member Case, Council member McArthur. NAY: None. Motion carried. McArthur Hearing Issues. Council member Gubler explained that the City Attorney was recommending the City reopen the McArthur hearing for the purpose of Mr. McArthur asking questions regarding his appeal, and because the Council did not accept the Findings of Facts and Decision Made. Council member Gubler made a motion to reopen the McArthur hearing for limited discussion. 3 Council member Case seconded the motion. Roll call as follows: AYE: Council President Shaw, Council member Gubler, Council member Case. NAY: None. Council member McArthur abstained form participation in the motion vote. A date for the public hearing was set for June 29, at 7:00 p.m. Council member Case asked how he went about discussing a conflict regarding the issue. Council President Shaw suggested bringing the issue up during the public hearing. Mayor Andersen reminded the Council that they were advised by the Attorney not to discuss issues with the general public that either are a public hearing, or have the potential to become a pubic hearing. The mayor reminded the Council of the conflict that arose with a homeowner discussing a building permit with Council members. Council member Gubler made a motion to add the approval of the Well house #3 bid to the agenda. Council member Case seconded the motion. All were in favor. Supervisor Prouse explained the well house #3 bidding process and the winner of the bid. Council member Gubler made a motion to accept Vern Clark Construction for the Well House #3 project. Council member McArthur seconded the motion. All were in favor. Council President Shaw made a motion to adjourn. Council member Case seconded the motion. All were in favor. Adjourned 9:00 p.m. 4 APPENDIX A PUBLIC HEARING UNLICENSED VEHICLE ORDINANCE REVIEW 7:15 P.M. MAY 18, 2010 COMMUNITY CENTER PRESENT: Mayor Brad Andersen, Council President Shaw, Council member Dennis McArthur, Council member Bruce Case, Council member Dan Gubler, Treasurer Ron Nelson, City Clerk Robyn Keyes. Public Works Supervisor Prouse, Police Chief Shannon Basaraba VISITORS: Ramona Horton, Ryan Walker, Ron Roberts, Adrian Beazer, Susie Ransom, Ted Ransom, Terry McNamara, Paul Cardenas, Rick Higley, John Stanger, Tammy Anderson, Rodney Anderson, Cory Peterson, Tegan Felix, Karen Hansen, Roy Hobbs, Jason McConeghy, Mike Klingler, Brenda Klingler, Darrel Warnberg. Mayor Andersen welcomed everyone and went over the procedure for a public hearing and said the Council would open a general discussion to the public. Chief Basaraba first explained the two conflicting ordinances which were ordinance 11- 12-2 (L) which stated the parking of disabled or non -operable vehicles within a residential or commercial zone for a period of more than fourteen (14) consecutive days shall be prohibited, unless such vehicle is stored in an enclosed garage or other accessory building, and 11-11-4 which stated no more than two (2) inoperable or unregistered vehicles of any kind or type may be parked or stored upon any residential property for a period of more than forty-eight (48) consecutive hours, unless within a completely enclosed building or carport. The Chief reminded the audience the City already had these ordinances in place, and were trying to reach an agreement between the two ordinances. Karen Hansen said the City should not regulate the public out of freedoms. She agreed there was an issue, but she said neighbors should be able to communicate with each other to resolve conflict. Mayor Andersen said the City did not want to infringe upon anyone's rights, but wanted to find balance for what was good for everyone. Tegan Felix agreed that working things out with your neighbors was a good way to go. Adrian Beazer said the ordinance was a carry over from Idaho Falls, and it needed to be made relevant to Iona. Rick Higley said he kept his vehicles behind his house on his property. Terry McNamara said he would like to keep his backyard off limits and what he did in his backyard was nobody's business but his own. 5 Mike Klinger said property rights were worth a lot and would not like freedoms taken away. He said if he wanted chickens he should be allowed, and if he wanted to have people stay at his house that should be allowed. Darrell Warnberg said the expense of code enforcement would be better spent on speed enforcement. Sally Price said she looked over the two existing ordinances and said there were things in the ordinance that did not even apply to Iona. She suggested the Council go through the Code book and get rid of the ordinances that did not apply. Mayor Andersen said the City Attorney suggested leaving some irrelevant things in the Code Book in the event Iona grew and they became relevant. Jason McConeghy said he would like to see Iona stay small and free from regulation. Brenda Klingler said she has had her children come and go and leave cars for several months. She said it was hard to regulate such activity. Chief Basaraba said the City was addressing the ordinances as they came up and the Council and Mayor were not trying to make the ordinances more restrictive, but less restrictive than they are right now. Tammy Anderson said she had a 1969 Chevy and would like to keep it in her yard. The Mayor reminded the audience that chickens were not allowed and the Council has now allowed them, the City was in the middle of the housing issue and addressing who was allowed to stay in your home, and the Mayor said there was a difference between people restoring vehicles and people just parking broken down vehicles for years and years. The Mayor also said that sometimes people can't talk to their neighbors because the neighbors just won't cooperate. Mayor Andersen agreed that homeowners have rights, but he said the neighbors have rights too. He agreed that people should also be able to do what they want in their back yard, and inside their homes, but the front yard was visible to the public and could affect the neighbors. Council member Case agreed that sometimes people can't talk to their neighbors and if everyone was a responsible citizen, we would not need regulations, but not everyone acted in responsible ways. Council member Case also said he was confused because some of the people that were present for the hearing were stating that people should be allowed to do what ever they wanted with their property and those same people were present at last month's hearing and were against allowing someone to do what they wanted with their property. 6 Council member McArthur suggested the people of the audience that were against the City telling them what they could and could not do with their property should write a list of conditions they believed would be acceptable regulations. Council President Shaw said she was proud of the people that were in attendance of the hearing because typically, there were very few people present for public hearings. The President said she was glad people were getting involved with the City and the decisions made. President Shaw said she also agreed that people should be allowed to do what they wanted in their backyard and in their homes. But people could not do what they wanted in the public right-of-ways, or if the activity became a public nuisance then the neighors could get together with the City to find a solution. Rocky Anderson said a lot of people did not have backyards. Ramona Horton said her and her husband had gone for a ride up in the back roads and she said Iona looked good compared to some of the properties in the County. She said she was thankful the majority of the people in Iona kept their yards clean. Adrian Beazer asked if vehicle would be defined in the ordinance. Mayor Andersen thanked the audience for their opinions and she the Council had a lot to think about. Council member Gubler made a motion to table the issue until more information could be received. Council member McArthur seconded the motion. All were in favor. Motion carried, issue tabled. Public hearing closed 8:05 p.m. 7 8 CITY COUNCIL MEETINGS THE CITY COUNCIL MEETS THE THIRD TUESDAY OF EACH MONTH AT 7:00 P.M. AT THE COMMUNITY CENTER LOCATED AT 3548 NORTH MAIN STREET, IONA. 2010 SCHEDULE AS FOLLOWS: JANUARY 19TH FEBRUARY 16TH MARCH 16TH APRIL 27TH MAY 1 8TH DUNE 15 TH JULY 20TH AUGUST 17TH SEPTEMBER 21 sT OCTOBER 19TH NOVEMBER 16TH DECEMBER Meeting will be held from 5:30-6:30 21 sT Any person needing special accommodations to participate in the above noticed meeting should contact the City Office at least one day before the meeting at 523-5600 PUBLIC NOTICE The City of Iona's Council has scheduled a public hearing on the evening of May 18, 2010 at 7:15 P.M. at the Iona Community Center, which is located at 3548 North Main Street, Iona, Idaho. The purpose of the hearing is to consider amendments to the vehicle ordinance recommended by the City Code Officer. If you have any comments concerning this hearing, they will be considered at the public hearing. Comments may be made in writing, but must be received by the City Clerk no later than seven (7) days before the public hearing. Rbbyn Ke6yes, // City Clerk Dated this 3rd day of May, 2010 CITY OF IONA * *BUDGET R E P O R T* A04-30-10 • PAGE 3 **** GENERAL FUND **** FUND ACCOUNT# ACCOUNT TITLE ESTIMATED ** R E C E I P T E D** UNRECEIPTED PERCENT REVENUE MTD YTD BALANCE RECEIPTED 001 305.000 STATE HIGHWAY USERS 40,000.00 11,258.44 34,020.30 5,979.70 001 310.000 STATE REVENUE SHARING 35,000.00 .00 20,291.69 14,708.31 001 315.000 STATE LIQUOR TAX 25,000.00 8,879.00 26,637.00 1,637.00- 001 320.000 BEER & DOG LICENSES 200.00 89.44 251.99 51.99- 001 325.000 COURT REVENUE 15,000.00 1,331.10 7,371.08 7,628.92 001 330.000 INTEREST 1,000.00 .00 178.28 821.72 001 335.000 CABLE TV FRANCHISE 3,800.00 .00 4,925.83 1,125.83- 001 340.000 NATURAL GAS FRANCHISE 10,500.00 .00 3,862.88 6,637.12 001 345.000 POWER FRANCHISE 15,500.00 4,745.94 13,258.84 2,241.16 001 355.000 BUILDING RENT 6,000.00 555.00 5,170.00 830.00 001 357.000 BUILDING INSPECTION FEES 12,000.00 3,741.00 22,948.00 10,948.00- 001 358.000 GRANTS 10,000.00 .00 680.00 9,320.00 001 360.000 PROPERTY TAX REVENUE 200,000.00 1,538.54 114,202.21 85,797.79 001 390.000 MISCELLANEOUS REVENUE 7,000.00 236.00 3,326.18 3,673.62 001 395.000 RESERVES 50,000.00 .00 .00 50,000.00 85.05 57.98 106.55 126.00 49.14 17.83 129.63 36.79 85.54 86.17 191.23 6.80 57.10 47.52 **TOTAL GENERAL FUND REVENUE 431,000.00 32,374.46 257,124.28 173,875.72 59.66 **** GENERAL FUND **** ESTIMATED * *EXPENDED* * UNEXPENDED PERCENT FUND ACCOUNT# ACCOUNT TITLE EXPENSE MTD YTD BALANCE EXPENDED 001 001 001 001 001 001 00'1 001 001 001 001 001 001 001 001 001 001 001 001 001 001 410.000 PAYROLL 420.000 RETIREMENT 422.000 HEALTH INSURANCE 424.000 PAYROLL TAXES 440.000 ELECTRICITY - NATURAL GAS 445.000 OFFICE SUPPLIES 446.000 TRAVEL 447.000 ADVERTISING 450.000 INSURANCE LIABILITY 455.000 LEGAL & AUDIT FEES 459.000 POLICE -PAYROLL 460.000 POLICE-COUNTY/DISPATCH 461.000 POLICE -RETIREMENT 462.000 POLICE -HEALTH INSURANCE 463.000 POLICE -TRAINING 464.000 POLICE -GENERAL 465.000 VEHICLE RENT 470.000 MAINTENANCE 472.000 BUILDING INSPECTIONS 475.000 CIVIL DEFENSE 480.000 LIBRARY 490.000 CAPITAL IMPROVEMENTS 495.000 MISCELLANEOUS EXPENSE 54,000.00 7,466.00 50,761.00 3,239.00 10,000.00 783.93 5,339.82 4,660.18 20,000.00 3,609.78 21,141.59 1,141.59- 10,000.00 911.03 6,306.72 3,693.28 24,000.00 1,904.84 13,486.62 10,513.38 10,000.00 287.74 4,855.25 5,144.75 5,000.00 68.25 797.85 4,202.15 2,400.00 .00 104.73 2,295.27 8,500.00 .00 5,062.00 3,438.00 11,000.00 600.00 7,300.00 3,700.00 47,300.00 4,538.00 30,283.00 17,017.00 26,500.00 5,844.75 10,919.85 15,580.15 4,600.00 468.26 3,297.30 1,302.70 12,600.00 .00 1,000.31 11,599.69 2,200.00 .00 340.20 1,859.80 18,800.00 1,241.19 15,428.63 3,371.37 5,000.00 .00 .00 5,000.00 80,000.00 7,930.85 43,269.30 36,730.70 8,000.00 821.00 4,735.00 3,265.00 500.00 .00 .00 500.00 2,000.00 .00 .00 2,000.00 61,600.00 3,205.65 12,109.43 49,490.57 7,000.00 222.77 5,194.74 1,805.26 94.00 53.40 105.71 63.07 56.19 48.55 15.96 4.36 59.55 66.36 64.02 41.21 71.68 7.94 15.46 82.07 54.09 59.19 19.66 74.21 **TOTAL GENERAL FUND EXPENSES 431,000.00 **NET EXCESS OR DEFICIENCY(-) 39,904.04 241,733.34 189,266.66 56.09 7,529.58- 15,390.94 15,390.94- CITY OF IONA * *BUDGET R E P O R T* 04-30-10 PAGE 4 **** WATER FUND **** ESTIMATED * * R E C E I P T E D * * UNRECEIPTED PERCENT FUND ACCOUNT# ACCOUNT TITLE REVENUE MTD YTD BALANCE RECEIPTED 002 305.000 COLLECTIONS 160,000.00 13,925.00 108,426.69 51,573.31 002 310.000 HOOK UP FEES 30,000.00 9,000.00 51,000.00 21,000.00- 002 315.000 INTEREST 500.00 52.65 240.37 259.63 002 350.000 TANK REPLACEMENT FUND 50,000.00 .00 .00 50,000.00 002 358.000 GRANTS 5,000.00 .00 .00 5,000.00 002 395.000 RESERVES 50,000.00 .00 .00 50,000.00 002 397.000 WATER BOND .00 .00 .00 67.77 170.00 48.07 **TOTAL WATER FUND REVENUE 295,500.00 22,977.65 159,667.06 135,832.94 54.03 **** WATER FUND **** FUND ACCOUNT# ACCOUNT TITLE ESTIMATED *EXPENDED*** UNEXPENDED PERCENT EXPENSE MTD YTD BALANCE EXPENDED 002 410.000 SALARIES & BENEFITS 60,000.00 .00 .00 60,000.00 002 440.000 ELECTRICITY 25,000.00 1,410.07 13,731.69 11,268.31 002 445.000 OFFICE, SUPPLIES, LEGAL 8,000.00 630.16 4,881.67 3,118.33 002 450.000 ENGINEERING COSTS 10,000.00 7,000.00 7,000.00 3,000.00 002 460.000 VEHICLE EXPENSE .00 .00 .00 465.000 VEHICLE RENT 7,000.00 .00 .00 7,000.00 uu2 470.000 REPAIRS & MAINTENANCE 40,000.00 2,504.22 14,228.40 25,771.60 002 480.000 BOND PAYMENT .00 .00 .00 002 482.000 BOND INTEREST .00 .00 .00 002 485.000 TANK REPLACEMENT FUND 80,000.00 .00 .00 80,000.00 002 490.000 CAPITAL IMPROVEMENTS 65,500.00 .00 .00 65,500.00 002 497.000 WATER SYSTEM UPATE .00 .00 .00 54.93 61.02 70.00 35.57 **TOTAL WATER FUND EXPENSE 295,500.00 11,544.45 39,841.76 255,658.24 13.48 **NET EXCESS OR DEFICIENCY(-) 11,433.20 119,825.30 119,825.30- CITY OF IONA ** B U D G E T R E P O R T* 04-30-10 PAGE 5 **** EQUIP REPLACEMENT **** ESTIMATED * * R E C E I P T E D * * UNRECEIPTED PERCENT FUND ACCOUNT# ACCOUNT TITLE REVENUE MTD YTD BALANCE RECEIPTED 003 305.000 EQUIP RENT --WATER 003 310.000 EQUIP RENT --GENERAL 003 395.000 EQUIP RESERVES --WATER 003 396.000 EQUIP RESERVES --GENERAL **TOTAL EQUIP REPLACEMENT REVENUE 5,000.00 .00 .00 5,000.00 5,000.00 .00 .00 5,000.00 40,000.00 .00 .00 40,000.00 40,000.00 .00 .00 40,000.00 90,000.00 .00 .00 90,000.00 **** EQUIP REPLACEMENT **** ESTIMATED FUND ACCOUNT# ACCOUNT TITLE EXPENSE * *EXPENDED** MTD YTD UNEXPENDED PERCENT BALANCE EXPENDED 003 410.000 EQUIP REPLACEMENT --WATER 45,000.00 .00 003 415.000 EQUIP REPLACEMENT --GENERAL 45,000.00 .00 003 490.000 EQUIPMENT PURCHASE .00 **TOTAL EQUIP REPLACEMENT EXPENSE .00 .00 .00 45,000.00 45,000.00 .00 90,000.00 .00 .00 90,000.00 **NET EXCESS OR DEFICIENCY(-) .00 .00 .00 !F CITY OF IONA ** B U D G E T REPOR T* ifiSO4-30-10 PAGE 6 **** RECREATION FUND **** ESTIMATED * * R E C E I P T E D * * UNRECEIPTED PERCENT FUND ACCOUNT# ACCOUNT TITLE REVENUE MTD YTD BALANCE RECEIPTED 004 305.000 BASEBALL FEES 13,000.00 .00 .00 13,000.00 004 310.000 SHELTER RENTAL 300.00 .00 .00 300.00 004 320.000 WESTERN BOYS FEES 500.00 .00 210.00 290.00 004 395.000 RESERVES .00 .00 .00 42.00 **TOTAL RECREATION FUND REVENUE 13,800.00 .00 210.00 13,590.00 1.52 **** RECREATION FUND **** ESTIMATED * *EXPENDED* * UNEXPENDED PERCENT FUND ACCOUNT# ACCOUNT TITLE EXPENSE MTD YTD BALANCE EXPENDED 004 410.000 RECREATION EQUIPMENT 1,000.00 .00 .00 1,000.00 004 415.000 RECREATION LABOR 5,800.00 .00 .00 5,800.00 004 420.000 BASEBALL SUPPLIES 4,000.00 192.57 192.57 3,807.43 004 470.000 RECREATION MAINTENANCE 3,000.00 .00 _00 3,000.00 4.81 **TOTAL RECREATION FUND EXPENSE 13,800.00 192.57 192.57 13,607.43 1.40 **NET EXCESS OR DEFICIENCY(-) 192.57- 17.43 17.43- MONTHLY EXPENSE REPOI 4/30/2010 Amount Date Description ROCKY MTN POWER $ 2,403.86 ELECTRICITY SAMS CLUB $ 322.65 EASTER R & S DIST $ 9.75 CLEANING SUPPLIES BRAD ANDERSEN $ 38.00 MAYORS MEETING KIRKHAM AUTO $ 45.63 REPAIR SANDING TRUCK PSI $ 50.98 GARBAGE PREMIER VEHICLE $ 55.39 BATTERY -POLICE OSWALD SERVICE $ 185.63 SERVICE & REPAIR TAHOE ZIP PRINT $ 192.57 BB COPIES BMC $ 247.75 CONFERENCE ROOOM DENTAL $ 272.75 DENTAL INSURANCE _DELTA EVERGREEN SERVICE $ 295.00 SPRINKLER ZECH PROUSE $ 755.54 HEALTH INSURANCE AUTO TRIM DESIGN $ 346.00 SIGNS -POLICE BIG DOG WHSE $ 537.25 POLICE-LOCKERS/TRAVEL C & B OPERATIONS $ 567.56 LAWN MOWER SERVICE HOLDEN KIDWELL $ 600.00 RETAINER CITY OF IDAHO FALLS $ 2,567.75 DISPATCH -ANIMAL CONTROL ROWEN SWEPING $ 3,325.00, SWEEP STREETS BONN CO SHERIFF $ 3,939.75 TOWN & COUNTRY $ 317.73 JOEL KEYES $ 1,440.00 LABOR ROSS JOHNSON $ 150.00 TEMP HELP CRAIGOS $ 30.25 LUNCH FULL COMPASS $ 172.71 PROJECTOR SCREEN WILSON CONCRETE $ 127.00 CONCRETE CLEANOUT HOME DEPOT $ 583.31 SHELVING REGENCE BLUESHIELD $ 185.31 HEALTH INSURANCE FAIR POINT $ 287.74 TELEPHONE SUMMIT FINANCE $ 391.90 DOG SCOOPS -SIGNS BOB MCBRIDE $ 821.00 INSPECTIONS INTERMOUNTAIN GAS CO $ 911.05 NATURAL GAS BLUE CROSS $ 2,090.49 HEALTH INSURANCE TATE LANDON $ 2,500.00 BACKHOE ATTACHMENT ROYAL NEIGHBORS $ 300.00 HEALTH INSURANCE POSTMASTER $ 262.68 POSTAGE CAL STORES $ 15.96 PARTS 6-12 EZ MART $ 63.50 FUEL VERIZON $ 180.67 PHONE PIONEER EQUIP $ 298.72 REPAIR BUCKET WATER DIST 120 $ 796.61 DUES WATER WORKS SUPPLY $ 1,189.00 PIPE SCHIESS & ASSOS $ 7,000.00 MICRO SERV $ 52.95 WIRELESS UNITED MAILING $ 133.86 WATER BILLS LANDON EXCAVATING $ 140.43 ROCK April 29, 2010 Mayor Brad Andersen City of Iona Brad, This is a letter of appeal of the decision made by the City Council regarding our application for a conditional use permit to rent our basement to non -family at our residence of 3552 Dayton in Iona. It was and is our understanding that each application for a conditional use permit is to be ruled on by the city council with a neutral and unbiased point of view and a disposition to follow the Iona City Code. We have reason to believe this was not the disposition or practice of one or more of the council members when they rendered a vote of denial for our application during the public hearing held on April 27, 2010, for these reasons: 1. We believe Council Member Dan Gubler was unable to maintain a position of neutrality require for our hearing because of his close relationship with the residents of Iona who have been the primary opponents of our conditional use permit application. He admitted that he had attended a planning and zoning meeting regarding an earlier application process for a conditional use permit prior to making a negative vote for that application even though that planning and zoning meeting recommended granting our application based on our meeting all of the requirements for the conditional use permit, including approval of all neighbors living within 300 feet of our home after conditions were agreed on by all of these neighbors and ourselves. The vote for this first application was two negative votes and one positive vote for our application. Had Mr. Gubler recused himself as he should have because he had attended the P and Z meeting after being advised not to attend, the vote would have been one to one, requiring Mayor Andersen to cast a deciding vote. Not only was our due process rights denied because of Mr. Gubler's actions, his bias was also demonstrated with his comments to another council member immediately following that public hearing vote when Mr. Gubler said that neighbors should not have to express concerns in a P & Z meeting. This is the process that is required for a conditional use permit application. Another comment made by Mr. Gubler after this meeting was that it botherd him that our home was built in such a way that it could accommodate multiple families. This is clearly irrelevant to the issue of whether our conditional use permit met the requirements of City code, which should be a primary factor in decisions made by the council, but it does indicate a bias against our application that came from information discussed at the P and Z meeting which he erroneously attended. Mr. Gubler appeared to be unable to act in the unbiased role required by this permit application process. 2. We believe Mr. Gubler's willingness to maintain neutrality was also demonstrated by his involvement with the McNamaras prior to the public hearing held on April 27. During this meeting he admitted meeting with the McNamaras regarding their concerns. It is also likely that he provided them with copies of prior meetings, to which the McNamaras were entitled, but getting them this information also indicates a level of collusion that indicates his inability to remain neutral prior to the hearing. Furthermore, Mr. McNamara made a statement at the P & Z meeting held prior to the public hearing meeting of April 27; this information came from an executive meeting of the City Council. None of the other council members said they had conversed with the McNamaras about this application for our conditional use permit. 3. When asked to recues himself from voting during the April 27 public hearing for our conditional use permit, Mr. Gubler refused based on his right and obligation to know the opinions of Iona residents regarding issues. While we agree with the need for communication between Iona council members and residents, we believe that Mr. Gubler's level of involvement with the McNamaras clearly reflect a lack of neutrality required for his tight to vote on our application. Had Mr. Gubler recused himself from voting as he should have done, the vote would have been a tie which would have resulted in Mayor Andersen voting to break the tie which could have resulted in a different outcome. This is the second time mr. Gubler's lack of neutrality has denied us the due process to which City Code provides for us. 4. We believe that the Council's ability to rule fairly is also a result of a lack of understanding of the process and requirements of a conditional use permit process. President Shaw the need of the council to follow City Code, but some members could not see to be able to make a ruling based on the code requirement that applications need to be judged based on conditions of each individual application and that conditional use permits do not set a precedent. We clearly proved that our permit would not create a negative effect on population density, but the some of the Council were not able to separate this application from a futuristic concern which may never be an issue and for which, if there ever is, a review of this conditional use could be held to rectify any negative effects. Because of these factors which denied us an impartial hearing and a hearing based on guidelines clearly stated in City Code, we request that this letter of objection be submitted to Mr. Storer along with copies of minutes and/or tapes of the public hearing for his review and recommendations. We believe a fair and efficient way to conclude these issues would be for a new vote to be taken on our application with Mr. Gubler being recused and after a review of the Code regarding requirements for a conditional use permit. We believe this would ensure that our due process rights and a neutral hearing could be accomplished without unnecessary City expense. We also believe this intervention could also hen asked to recuse himself from voting during the April. 27 public hearing for our conditional use permit, Mr. Gubler refused based on his right and obligation to know the feelings of residents of Iona regarding issues of Iona. We agree with this need of council members to communicate with residents of Iona, help prevent these problems in the future. Respectfully, Dennis McArthur Linda McArthur