HomeMy Public PortalAboutMinutes_CCMeeting_06242014CITY COUNCIL MEETING
JUNE 24, 2014 — 7:00 P.M.
IONA COMMUNITY CENTER
PRESENT: Mayor Brad Andersen, Council President Robyn Keyes, Council Member
Rob Geray, Council Member Dan Gubler, Council Member Kathy McNamara, Public Works
Director Zech Prouse, Police Chief Shannon Basaraba, and City Clerk Julie Hammond.
ABSENT: Building Inspector Allen Eldridge and Treasurer Amy Sullivan.
VISITORS: Deborah Williams, Jolyn Louk, Sally Price, Ryan Walker, Craig Curtis, Jaden
Curtis, Mike A Bryan, Louise R Bryan, and Sasha Belliston.
Mayor Andersen welcomed everyone and Clerk Hammond led with the Pledge of Allegiance.
Consent Agenda: Work & Council Minutes of May 20, 2014 and Special Meeting Minutes of
June 4, 2014 had been reviewed. Mayor Andersen explained that the Special City Council
Meeting was held by conference call and posted for public participation. The meeting was held
for an emergency donation of funds for the Historical Museum waterline repair.
Council reviewed the finance reports. Council Member Geray asked about the $400 paid to
Intermountain Gas. He was unsure as to why the City would need heat this time of year. Clerk
Hammond would check into it.
Mayor Andersen stated that the City has a little over a million in the bank. He noted the expense
for legal fees and reminded everyone that Attorney Storer should only be present when
absolutely needed and that he is available by phone. Mayor Andersen reported that the Building
Department had $48,000 in revenue and $18,000 in expenditures with net revenue of $30,000.
He stated that there were 24 homes built so far this fiscal year. Mayor Andersen reported
Recreation Revenue at $60,000. He also noted the balance of Capital Improvements in the
General and Water Fund.
Mayor Andersen entertained a motion. Council Member Geray motioned to approve the Consent
Agenda with a clarification on the expense for natural gas. Council Member Gubler seconded
the motion. All were in favor, motion carried.
Deborah Williams — B.B. Guns, Bows, and Air Soft Guns Discussion: Mayor Andersen
asked if anyone was here for the Subdivision Ordinance Public Hearing; no one was. He moved
item 5c up on the agenda so Ms. Williams would not have to wait any longer.
Mayor Andersen stated he, Council President Keyes, and Chief Basaraba had an informal
discussion regarding B.B. Guns, Bows, and Air Soft Guns. He reported that it was not necessary
to have City Ordinances covering these items because they were covered under State Law.
Chief Basaraba explained that under State Law B.B. Guns, Bows, and Air Soft Guns do not fall
under firearms. A person can still be held responsible by civil and criminal liability.
Ms. Williams did not understand where Chief Basaraba was coming from. She wanted an
ordinance to prohibit shooting B.B. Guns, Bows, and Air Soft Guns on public property not
1
private property. She stated that people don't take the time to teach their children anymore and
someone could end up hurt.
Chief Basaraba explained that if someone uses one of these items on someone else it is a
criminal act or assault.
Ms. Williams stated that the City of Idaho Falls had an ordinance covering this.
Chief Basaraba stated that the City of Idaho Falls Ordinance wasn't written well and he didn't
believe there was a need for an ordinance.
Ms. Williams had found dead birds in her yard. She asked if people were shooting animals or
into her yard could she file a complaint. Chief Basaraba stated she could.
Council President Keyes recused herself from the discussion.
Council Member McNamara stated she was not belittling the issue and to just call.
Mayor Andersen thanked her for her time and comments.
Mike & Louise Bryan — Request for Single Sewer Service in the City's Public Right -of -
Way: Mr. and Mrs. Bryan presented their request for a single sewer service located in the City's
Public Right -of -Way (Exhibit "A"). The reason for the request is that the closest sewer main is
over 100' away. In order for them to access the sewer they would need to connect to the main
and run the pipe in the right-of-way. They understood that they are responsible for the sewer line
from the main to their property, including clean -outs every 100' with a protective covering,
maintenance, and repairs on the line. Landon Excavating indicated that the grade is sufficient
with -out installing a sump pump. Iona Bonneville Sewer District (IBSD) will do the inspection
for $200.
Mayor Andersen explained the history of the Homer Subdivision. This lot was not included in
the plat.
Council Member Gubler thought there was another lot there and asked if the City was going to
put in a provision for the second lot. Mayor Andersen suggested reviewing what was requested.
Council Member Gubler asked how they were going to access their lot. Director Prouse stated
that access would be from Steele Ave.
Mayor Andersen asked if there were any more comments or questions. There were none. He
stated P&Z's recommendation was to approve the single sewer service line for Mr. and Mrs.
Bryan as long as they met the criteria of the City of Iona and IBSD.
Council Member Gubler motioned to approve the Bryan's request for a single sewer service line
in the City's Public Right -of -Way if they met the stipulations required by the City and IBSD.
Council Member McNamara seconded the motion. Mike & Louise Bryan request for single
sewer service in the City's Public Right -of -Way approved by roll call vote:
Council President Keyes — Yes Council Member Geray — Yes
Council Member Gubler — Yes Council Member McNamara - Yes
2
Iona Day Celebration — Sasha Belliston: Sasha Belliston presented her ideas on the Iona Day
Celebration. She stated she would have activities going throughout the day including a car show
and 3 on 3 Basketball.
Ms. Belliston stated that this would be the last year the Lion's Club would be hosting the
breakfast. Mayor Andersen indicated that the breakfast would be a good fundraiser for the
Mayor's Youth Advisory Council (MYAC).
Ms. Belliston asked if the City was providing the food for the Burgers and Dogs Grill. Mayor
Andersen confirmed and stated the need for cook assignments.
Ms. Belliston said there would be vendors selling food items, services, and crafts. Mayor
Andersen asked her to coordinate the vendors with Chief Basaraba.
She read a letter she had prepared to pass around to the LDS Church Wards but wanted to get the
information out to everyone in Iona. Council Member Gubler suggested getting kids to go door-
to-door handing out flyers. Ms. Belliston indicated that she would drive her kids around and get
the flyers out.
Ms. Belliston asked permission to use the Iona Crest and Small Town with a Big Heart. It was
approved. She also wanted to know if the trains would be permitted. It was allowed. Ms.
Belliston asked to have the cars roped off and the water shut off Director Prouse indicated this
would be done.
Mayor Andersen stated he had reserved a water slide bounce house for $350. He would need
power from the grand stand or the shelters. He also wanted to make sure with all the vendors
there wouldn't be a problem with breakers tripping.
Bee Keeping Discussion: The City of Iona currently has an ordinance against the keeping of
bees; Title 5, Chapter 3, Section 10. The reasoning behind the ordinance was the perceived
threat. The City of Idaho Falls approved an ordinance in 2011 allowing for no more than two
hives.
Mr. Blakely stated that the bees increase production of fruits and berries.
Council President Keyes asked the radius of the bees in a hive. Mr. Blakely indicated there was
a two mile radius.
Council Member McNamara asked how many hives Mr. Blakely currently had. It was not
indicated.
Council Member Geray inquired about the killer bee issue. Mr. Blakely thought the African
Honey Bee worked its way up from Brazil producing a less dangerous bee.
Clerk Hammond would have Attorney Storer draft a sample Bee Ordinance. Council would like
a sample ordinance in July with a public hearing in August.
egos
3
IF
Amending Subdivision Ordinance and Allowing for Private Access Roads to Public Streets
(Flag Lot - access to one lot) Public Hearing - 8:10 p.m.: Mayor Andersen explained the
Public Hearing Process and read the Subdivision Ordinance (Exhibit `B") Summary. He
reported the changes to the ordinance; public way — defined, 5c — updated sections, read 10-1-7
C, and reported the change of appeals date from 60 days to 28 days under 10-1-17 D.
Mayor Andersen asked if there was anyone in attendance that was in favor, none; neutral, none;
against; none. He closed the public portion of the hearing.
Council Member Gubler asked where specifically Flag Lot is discussed. It was pointed out
under Lot Improvements 10-1-7 C. Council Member Gubler and Council Member Geray
discussed removing the second "or alley" in the section.
Mayor Andersen entertained a motion. Council Member Geray read the Subdivision Ordinance
Summary and motioned to approve the ordinance with the following change to Section 10-1-7 C:
remove the second "or alley" on the second line and to dispense with the rule of reading the
proposed ordinance in full and on three separate occasions. Council Member Gubler seconded
the motion. Amending Subdivision Ordinance and Allowing for Private Access Roads to Public
Streets was approved by roll call vote:
Council President Keyes — Yes Council Member Geray — Yes
Council Member Gubler — Yes Council Member McNamara - Yes
Verizon Wireless Finding of Facts Approval: Council had reviewed the Verizon Wireless
Finding of Facts (Exhibit "C") prepared by Attorney Storer. Mayor Andersen entertained a
motion. Council Member Gubler motioned to approve the Verizon Wireless Finding of Facts.
Council President Keyes seconded the motion. All were in favor, motion carried.
Nu'r Subdivision — Annexation Plan Ratification: Mayor Andersen entertained a motion.
Council Member Gubler motioned to ratify the Nu'r Subdivision Annexation Plan (Exhibit "D").
Council Member Geray seconded the motion. Nu'r Subdivision Annexation Plan Ratification
was approved by roll call vote:
Council President Keyes — Yes Council Member Geray — Yes
Council Member Gubler — Yes Council Member McNamara - Yes
Visitor, Sally Price, asked what Council was approving. Mayor Andersen stated it was approval
of the Nu'r Subdivision Annexation Plan.
Visitor, Jolyn Louk, indicated to Council to be prepared, something might come of it. Jessie
Landon had stated that the City was trying to take their irrigation rights.
Jerry Hansen Annexation: Mayor Andersen reminded Council that they approved the
Annexation/R-1 Zoning for the Jerry Hansen Property located at the corner of 49th & 55th and the
Annexation Ordinance would be ready in August. Mr. Hansen will have to submit his
Preliminary Plat Application before he can develop.
Attorney Storer asked that future annexations be run all together: Annexation/Zoning/Platting of
the Property.
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Annual Water Quality Report: Mayor Andersen went over the Annual Water Quality Report
(Exhibit "E").
Itinerant Merchant Application — Schwieder Sweets: Chief Basaraba reviewed and approved
Schwieder Sweets Itinerant Merchant Application for sno-cone sales at 4949 E Iona Rd. The
background check was still good.
Council Member Gubler motioned to approve Schwieder Sweets Itinerant Merchant Application
(Exhibit "F"). Council Member McNamara seconded the motion. All were in favor, motion
carried.
Solid Waste Franchise Discussion: Council Member Gubler indicated a ten year amortization
and stated it was now or later to begin a Solid Waste Franchise.
Mayor Andersen pointed out that Attorney Storer didn't necessarily want to fight that battle.
Council President Keyes asked if there was any guarantee that a company would still be in
business by the time a ten year amortization was done.
Council Member Gubler stated to start the process now or forget about it.
Visitor, Jolyn Louk, asked why the City couldn't bid it out. It was explained that would be the
way to proceed if Council decided to pursue.
Visitor, Ryan Walker, asked if Solid Waste Companies pay for wear and tear of city roads; no.
Clerk Hammond was asked to have Attorney Storer pursue the process of the Solid Waste
Franchise.
Town Hall Meeting - Capital Investment Plan Survey: Mayor Andersen reminded everyone
of the Town Hall Meeting on the Capital Investment Plan Survey being presented by Kelly
Hoopes of Horrocks Engineers tomorrow night (June 25, 2014) from 7:30 — 8:30 p.m. He stated
it would be good for public input. Clerk Hammond was asked to provide cookies and punch.
Splash Pad Update: Mayor Andersen reported that Splash Zone would start construction of the
splash pad on July 14, 2014. Public Works Director stated that the sod had already been
removed.
Mayor Andersen suggested putting up Splash Pad Signs that state the rules such as; swim diapers
are required; and play at your own risk. He thought hiring a couple of students to educate people
and oversee things might be a good idea.
Mayor Andersen also suggested having a locked box with swim diapers in it. Council President
Keyes asked who would stock the diapers. Mayor Andersen indicated that Director Prouse and
Inspector Eldridge could make and stock the box.
Visitor, Sally Price, stated she was never for the splash pad; it will put a drain on the budget as
well as the water system. Mayor Andersen explained that it was a recirculating system with
double chlorination, but appreciates her concerns. Council Member Gubler thought the biggest
concern would be vagrants.
5
Reports
Library: Council President Keyes stated that Robert Wright of the Idaho Falls Library wanted
to purchase more bookshelves. They had two bids for the same shelving; one at $700 per
shelving unit and one at $400 per shelving unit. The library wished to purchase four units. If
they went with the $400 per shelving unit, it would cost $1,600. The library still had $1,000 left
in the budget.
Council Member Gubler liked the idea of owning the shelves. Iona would still have shelves for a
library if the Idaho Falls Library ever decided to pull out.
Council Member McNamara asked if the quality of the shelves were the same. Council
President Keyes indicated they would match the existing shelves.
Council approved the $400 per shelving unit bid.
Movie in the Park: Council President Keyes indicated she would be helping with Movie in the
Park on June 27, 2014.
Lion's Club Breakfast: Council President Keyes indicated she would be helping with the
Lion's Club Breakfast on July 4, 2014.
Backflow Prevention Testing: Council Member Geray asked if the City was enforcing the
backflow prevention testing. He indicated that if the City was not enforcing code then don't
bother sending out reminders without providing more information (e.g., importance of testing
beyond the legalities, how to comply, etc.).
Mayor Andersen stated that educational bill stuffers had been sent to water users. Homeowners
should have their systems checked every year, just for their own protection. Sprinkler permits
require a backflow prevention test when completed. Mayor Andersen asked how Council felt
about it. There was no comment. Mayor Andersen suggested getting with Director Prouse for
education.
Executive Session: Council Member Geray moved to retire into executive session to consider
personnel matters as provided in § 67-2345 (a and b). Council President Keyes seconded the
motion. The motion was passed by a super majority roll call vote:
Council President Keyes — Yes Council Member Geray — Yes
Council Member Gubler — Yes Council Member McNamara - Yes
Clerk Hammond was excused from the meeting and Council President Keyes was tasked with
the minutes.
Thereafter followed a discussion, regarding a request submitted by Police Chief Basaraba,
concerning Police Department hours and salary. After some discussion a conclusion was
reached. A motion was then made, seconded and approved to retire back into open session.
Meeting adjourned 9:20 p.m.
6
City of lona Finance Worksheet - Banks Page: 1
Period: 06/14 Jun 11, 2014 12:52PM
914
Report Criteria:
Print Source Titles
Total by Source
Print Department Titles
Total by Department
All Segments Tested for Total Breaks
[Report].Account Number ="011050","101175,"101221","101231","101241","511200","511210","511222","511232"," 511252"," 10124Y'," 511211"
Prior month 2 Prior month 2013-14
Current year
Account Number Account Title Actual
01-1050 CHECKING - COMMERCE BANK 29,602.34 70,445.81 91,662.60
10-1175 INVESTMENTS -COMMERCE -GENERA 206,428.77 186,441.07 186,453.74
10-1221 ZIONS - GENERAL CD 57,954.36 57,969.00 57,983.20
10-1231 KEY BANK GENERAL - CD 157,878.94 157,881.54 157,884.22
10-1241 WELLS FARGO--GENERAL .00 .00 .00
10-1242 WESTMARK CD --GENERAL 50,032.91 50,032.91 50,032.91
51-1200 INVESTMENTS -COMMERCE WATER 177,448.42 177,460.09 177,472.15
51-1210 WELLS FARGO-WATER SVGS .00 .00 .00
51-1211 WESTMARK CD -WATER 51,951.11 51,951.11 51,951.11
51-1222 ZIONS - WATER SVGS- CD 43,719.90 43,730.94 43,741.66
51-1232 KEY BANK WATER - CD 52,626.31 52,627.18 52,628.07
51-1252 ZIONS BANK --WATER SAVINGS 151,041.68 151,079.82 151,116.84
Net Grand Totals: 978,684.74 999,619.47 1,020,926.50
City of Iona
Check Register - lona
Check Issue Dates: 5/1/2014 - 5/31/2014 Jun 10, 2014 04:16PM
Page: 1
Report Criteria:
Report type: Summary
GL Period Check Issue Date Check Number
Payee
Descnption GL Account Amount
05/14 05/01/2014
05/14 05/12/2014
05/14 05/12/2014
05/14 05/12/2014
05/14 05/12/2014
05/14 05/12/2014
05/14 05/12/2014
05/14 05/12/2014
05/14 05/12/2014
05/14 05/12/2014
05/14 05/12/2014
05/14 05/12/2014
05/14 05/12/2014
05/14 05/12/2014
05/14 05/12/2014
05/14 05/12/2014
05/14 05/12/2014
05/14 05/13/2014
05/14 05/13/2014
05/14 05/20/2014
05/14 05/20/2014
05/14 05/20/2014
05/14 05/20/2014
05/14 05/20/2014
05/14 05/20/2014
05/14 05/20/2014
05/14 05/20/2014
05/14 05/20/2014
05/14 05/20/2014
05/14 05/20/2014
05/14 05/20/2014
05/14 05/21/2014
05/14 05/21/2014
05/14 05/21/2014
Grand Totals:
12055 LISPS
12056 GREG MCBRIDE
12057 JENA MOORE
12069 JANE SHAW
12070 AMERICAN CONSTRUCTION SUPPLY & REN
12071 BRAD ANDERSEN
12072 C-A-L-RANCH STORES
12073 CITY OF IDAHO FALLS TREASURER OFFICE
12074 EVCO HOUSE OF HOSE
12075 H.D. FOWLER CO.
12076 HOLDEN KIDWELL HAHN & CRAPO P.L.L.C.
12077 POST REGISTER
12078 PRO RENTALS & SALES, INC
12079 PSI ENVIRONMENTAL
12080 SAM'S CLUB/GECRB
12081 UNITED MAILING DIRECT
12082 VERIZON WIRELESS
12083 INTERMOUNTAIN GAS CO.
12084 PC PLUS
12085 CABLE ONE
12086 CASELLE, INC.
12087 DIGIS
12088 EXECUTECH
12089 FALLS PLUMBING SUPPLY, INC.
12090 HOME DEPOT CREDIT SERVICES
12091 IDAHO FOREST PRODUCTS COMMISSION
12092 PACIFIC STEEL - IDAHO FALLS
12093 ROCKY MTN. POWER
12094 TETON COMMUNICATIONS, INC.
12095 TETON MICROBIOLOGY LAB
12096 WATER DISTRICT 120
12097 GREG MCBRIDE
12098 JENA MOORE
12099 JANE SHAW
Summary by General Ledger Account Number
GL Account
Debit Credit Proof
10-2010 .00 13,456.62- 13,456.62-
10-41-50 116.08 .00 116.08
10-41-55 195.99 .00 195.99
10-41-60 3,620.00 .00 3,620.00
10-41-75 1,195.26 .00 1,195.26
10-46-90 1,415.82 .00 1,415.82
10-47-10 3,338.86 .00 3,338.86
10-47-20 2,913.80 .00 2,913.80
10-47-90 15.00 .00 15.00
10-49-50 370.10 .00 370.10
10-49-70 275.71 .00 275.71
MAILING WATER STATEMENTS
Mechanical Inspections
Cleaning
Electrical inspections
Marking paint & Tools
Potting soil -spring clean-up
Tools
ANIMAL SHELTER QRTLY PART
Air Hose
Baseball Field -City Park
City Attorney Retainer fees
PH -Hansen Nan Z Dh
Baseball/Parks-Sod cutter
Garbage pick up
Membership fees
Preparing Water statements
Cell phones
Natural gas
IT Services -Police & Linksys Wirel
Internet
CONTRACT SUPPORT
Internet
Backup License
City Park -Sprinkler maint.
Maint. Materials
Handling fee -Arbor Day Seedlings
Steel for rack for Kubota
Street Lights -Ail P6Wev
Police -new equipment
Water tests
Annual Water Assessment
Mechanical Inspections
Cleaning
Electrical inspections
514150
104720
514710
104720
514710
104710
514710
104710
104710
104970
104160
346.92 M
1,397.24
193.20
540.00
42.60
83.62
583.99
584.75
65.94
451.00
3,620.00
104155
104970
514710
104150
514150
104690
104175
104690
514150
514150
514150
514150
104710
104710
104790
104710
104175
104690
514710
514710
104720
104710
104720
195.99
1,278.00
121.18
45.00
604.19
178.24
399.04
212.75
59.50
248.00
55.34
20.00
316.29
158.44
15.00
45.85
3,545.37
1,024.83
40.00
375.41
796.56
220.80
180.00
18,045.04
M = Manual Check, V = Void Check
City of lona
Check Register - lona
Check Issue Dates: 5/1/2014 - 5/31/2014
Page: 2
Jun 10, 2014 04:16PM
GL Account
Debit Credit Proof
Grand Totals:
Dated:
Mayor:
City Council:
51-2010 .00 4,588.42- 4,588.42-
51-41-50 892.77 .00 892.77
51-41-75 2,749.15 .00 2,749.15
51-47-10 946.50 .00 946.50
18,045.04 18,045.04- .00
Lt/ 2. et
v
DEBIT CARD PURCHASES
Dates:
5/01 thru 5/31/2014
Julie Hammond:
Shannon Basaraba:
Zech Prouse: Trailer Hitch part
Thermostat
Account Total
Mayor Parade entry fee and 10-41-50 56.12
Council misc.
MYAC Dinner/Fundraiser misc. 10-47-50 29.57
Shirt & Office supplies 10-46-90 104.97
10-47-10 21.99
51-47-10 26.55
TOTAL 239.20
CITY OF IONA
REVENUES WITH COMPARISON TO BUDGET
FOR THE 8 MONTHS ENDING MAY 31, 2014
GENERAL FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
TAX REVENUE
10-31-10 PROPERTY TAX REVENUE 2,933.98 144,529.19 232,000.00 87,470.81 62.3
TOTAL TAX REVENUE 2,933.98 144,529.19 232,000.00 87,470.81 62.3
LICENSES & PERMITS
10-32-20 BEER & DOG LICENSES 60.00 395.00 400.00 5.00 98.8
TOTAL LICENSES & PERMITS 60.00 395.00 400.00 5.00 98.8
INTERGOVERNMENTAL REVENUE
10-33-10 STATE LIQUOR TAX .00 40,923.00 60,000.00 19,077.00 68.2
10-33-20 STATE REVENUE SHARING 4,620.60 61,786.62 70,000.00 8,213.38 88.3
10-33-30 STATE HIGHWAY USERS .00 46,992.92 60,000.00 13,007.08 78.3
10-33-40 POLICE REVENUE 120.60 1,912.50 9,000.00 7,087.50 21.3
10-33-80 GRANTS .00 .00 10,000.00 10,000.00 .0
TOTAL INTERGOVERNMENTAL REVENUE 4,741.20 151,615.04 209,000.00 57,384.96 72.5
CHARGES FOR SERVICE
10-34-10 BUILDING INSPECTION FEES 13,371.44 47,849.01 45,000.00 ( 2,849.01) 106.3
10-34-20 CABLE TV FRANCHISE 1,968.00 6,256.00 6,000.00 ( 256.00) 104.3
10-34-30 NATURAL GAS FRANCHISE 5,223.35 8,719.94 10,000.00 1,280.06 87.2
10-34-40 POWER FRANCHISE .00 18,003.56 22,000.00 3,996.44 81.8
TOTAL CHARGES FOR SERVICE 20,562.79 80,828.51 83,000.00 2,171.49 97.4
OTHER REVENUE
10-36-10 INTEREST
10-36-50 BUILDING RENT
10-36-90 MISCELLANEOUS REVENUE
TOTAL OTHER REVENUE
RECREATION REVENUE
10-37-50 RECREATION FEES
10-37-60 SHELTER RENTAL
TOTAL RECREATION REVENUE
29.55 257.76 500.00 242.24 51.6
.00 5,137.00 9,000.00 3,863.00 57.1
561.50) 4,034.14 4,000.00 ( 34.14) 100.9
531.95) 9,428.90 13,500.00 4,071.10 69.8
3,654.00 59,847.00
160.00 340.00
50,000.00 (
1,000.00
9,847.00) 119.7
660.00 34.0
3,814.00 60,187.00
51,000.00 (
9,187.00) 118.0
FOR ADMINISTRATION USE ONLY
67 % OF THE FISCAL YEAR HAS ELAPSED 06/11/2014 12:28PM PAGE: 1
CITY OF IONA
REVENUES WITH COMPARISON TO BUDGET
FOR THE 8 MONTHS ENDING MAY 31, 2014
GENERAL FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
EQUIPMENT REPLACEMENT
10-38-10 EQUIP RENT .00 .00 5,000.00 5,000.00 .0
10-38-20 EQUIPMENT REPLACEMENT .00 .00 40,000.00 40,000.00 .0
TOTAL EQUIPMENT REPLACEMENT 00 .00 45,000.00 45,000.00 .0
RESERVES
10-39-50 RESERVES .00 .00 70,000.00 70,000.00 .0
TOTAL RESERVES .00 .00 70,000.00 70,000.00 .0
TOTAL FUND REVENUE
31,580.02 446,983.64
703,900.00 256,916.36 63.5
FOR ADMINISTRATION USE ONLY
67 % OF THE FISCAL YEAR HAS ELAPSED 06/11/2014 12:28PM PAGE: 2
CITY OF IONA
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 8 MONTHS ENDING MAY 31, 2014
GENERAL FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
ADMINISTRATION
10-41-10 PAYROLL 8,118.32 63,666.97 109,000.00 45,333.03 58.4
10-41-20 PAYROLL TAXES 917.97 7,055.72 15,000.00 7,944.28 47.0
10-41-30 RETIREMENT 1,032.32 7,975.65 12,000.00 4,024.35 66.5
10-41-40 HEALTH INSURANCE 2,163.23 15,256.89 30,000.00 14,743.11 50.9
10-41-50 OFFICE EXPENSE 172.20 7,152.14 9,000.00 1,847.86 79.5
10-41-55 PUBLISHING 195.99 817.26 1,000.00 182.74 81.7
10-41-60 LEGAL & AUDIT FEES 3,620.00 11,570.00 20,000.00 8,430.00 57.9
10-41-63 ENGINEERING .00 2,935.00 15,000.00 12,065.00 19.6
10-41-65 TRAINING/TRAVEL .00 2,381.19 5,000.00 2,618.81 47.6
10-41-70 INSURANCE LIABILITY .00 11,666.00 12,300.00 634.00 94.9
10-41-75 ELECTRICITY - NATURAL GAS 1,195.26 12,582.68 17,000.00 4,417.32 74.0
TOTAL ADMINISTRATION
POLICE DEPARTMENT
17,415.29 143,059.50 245,300.00 102,240.50 58.3
10-46-10 POLICE -PAYROLL 4,450.00 37,291.42 62,000.00 24,708.58 60.2
10-46-20 PAYROLL TAXES 485.95 4,054.60 6,600.00 2,545.40 61.4
10-46-30 POLICE -RETIREMENT 568.87 4,710.06 7,000.00 2,289.94 67.3
10-46-40 POLICE -HEALTH INSURANCE 1,296.77 10,374.16 15,000.00 4,625.84 69.2
10-46-70 POLICE -TRAINING .00 322.13 3,000.00 2,677.87 10.7
10-46-80 POLICE-COUNTY/DISPATCH .00 19,435.27 28,000.00 8,564.73 69.4
10-46-90 POLICE -GENERAL 1,520.79 8,124.37 13,000.00 4,875.63 62.5
TOTAL POLICE DEPARTMENT 8,322.38 84,312.01 134,600.00 50,287.99 62.6
MISCELLANEOUS DEPT
10-47-10 MAINTENANCE 3,360.85 27,219.21 94,000.00 66,780.79 29.0
10-47-20 BUILDING INSPECTIONS 4,220.20 17,955.75 15,000.00 ( 2,955.75) 119.7
10-47-30 EQUIPMENT EXPENSE 143.37 371.56 5,000.00 4,628.44 7.4
10-47-50 CIVIL DEFENSE .00 895.00 1,000.00 105.00 89.5
10-47-90 MISCELLANEOUS EXPENSE 44.57 7,132.60 7,000.00 ( 132.60) 101.9
TOTAL MISCELLANEOUS DEPT
CAPITAL OUTLAY
7,768.99 53,574.12
122,000.00 68,425.88 43.9
10-48-10 LIBRARY .00 1,046.95 2,000.00 953.05 52.4
10-48-20 CAPITAL IMPROVEMENTS .00 12,421.36 90,000.00 77,578.64 13.8
10-48-50 LAND ACQUISITION .00 374.12 10,000.00 9,625.88 3.7
TOTAL CAPITAL OUTLAY .00 13,842.43 102,000.00 88,157.57 13.6
FOR ADMINISTRATION USE ONLY
67 % OF THE FISCAL YEAR HAS ELAPSED 06/11/2014 12:28PM PAGE: 3
CITY OF IONA
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 8 MONTHS ENDING MAY 31, 2014
GENERAL FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
RECREATION EXPENDITURES
10-49-10 RECREATION LABOR 1,161.50 16,773.93 27,000.00 10,226.07 62.1
10-49-20 PAYROLL TAXES 135.21 1,614.47 4,500.00 2,885.53 35.9
10-49-50 RECREATION SUPPLIES 370.10 10,078.08 16,000.00 5,921.92 63.0
10-49-60 RECREATION EQUIPMENT .00 125.50 4,500.00 4,374.50 2.8
10-49-70 RECREATION MAINTENANCE 275.71 1,213.71 3,000.00 1,786.29 40.5
TOTAL RECREATION EXPENDITURES 1,942.52 29,805.69 55,000.00 25,194.31 54.2
EQUIPMENT REPLACEMENT
10-50-10 EQUIPMENT REPLACEMENT
.00 8,350.00 45,000.00 36,650.00 18.6
TOTAL EQUIPMENT REPLACEMENT .00 8,350.00 45,000.00 36,650.00 18.6
TOTAL FUND EXPENDITURES 35,449.18 332,943.75 703,900.00 370,956.25 47.3
NET REVENUE OVER EXPENDITURES ( 3,869.16) 114,039.89 .00 ( 114,039.89) .0
FOR ADMINISTRATION USE ONLY
67 % OF THE FISCAL YEAR HAS ELAPSED 06/11/2014 12:28PM PAGE: 4
CITY OF IONA
REVENUES WITH COMPARISON TO BUDGET
FOR THE 8 MONTHS ENDING MAY 31, 2014
WATER FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
OPERATING REVENUE
51-31-10 COLLECTIONS 17,441.70 136,077.07 195,000.00 58,922.93 69.8
51-31-30 HOOK UP FEES -�i/ 21,000.00 72,000.00 75,000.00 3,000.00 96.0
TOTAL OPERATING REVENUE 38,441.70 208,077.07 270,000.00 61,922.93 77.1
INTERGOVERNMENTAL REVENUE
51-33-80 GRANTS .00 .00 3,000.00 3,000.00 .0
TOTAL INTERGOVERNMENTAL REVENUE .00 .00 3,000.00 3,000.00 .0
WATER
51-35-10 WATER SYSTEM .00 .00 50,000.00 50,000.00 .0
TOTAL WATER .00 .00 50,000.00 50,000.00 .0
MISCELANEOUS REVENUE
51-36-10 INTEREST 60.69 516.32 1,000.00 483.68 51.6
51-36-20 MISC REVENUE 57.76 57.76 200.00 142.24 28.9
TOTAL MISCELANEOUS REVENUE 118.45 574.08 1,200.00 625.92 47.8
EQUIPMENT REPLACEMENT
51-38-10 EQUIPMENT RENT .00 .00 5,000.00 5,000.00 .0
51-38-60 EQUIPMENT RESERVES .00 .00 40,000.00 40,000.00 .0
TOTAL EQUIPMENT REPLACEMENT .00 .00 45,000.00 45,000.00 .0
RESERVES
51-39-50 RESERVES .00 .00 50,000.00 50,000.00 .0
TOTAL RESERVES .00 .00 50,000.00 50,000.00 .0
TOTAL FUND REVENUE
38,560.15 208,651.15
419,200.00 210,548.85 49.8
FOR ADMINISTRATION USE ONLY
67 % OF THE FISCAL YEAR HAS ELAPSED 06/11/2014 12:28PM PAGE: 5
CITY OF IONA
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 8 MONTHS ENDING MAY 31, 2014
WATER FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
ADMINISTRATION
51-41-10 PAYROLL 4,162.81 45,108.87 65,000.00 19,891.13 69.4
51-41-20 PAYROLL TAXES 484.91 5,216.35 8,000.00 2,783.65 65.2
51-41-30 RETIREMENT 544.74 5,722.49 8,000.00 2,277.51 71.5
51-41-40 HEALTH INSURANCE 1,471.38 13,819.99 16,000.00 2,180.01 86.4
51-41-50 OFFICE EXPENSE & LEGAL 892.77 9,979.59 9,000.00 ( 979.59) 110.9
51-41-75 ELECTRICITY 2,749.15 20,045.91 29,000.00 8,954.09 69.1
51-41-80 ENGINEERING .00 1,671.50 10,000.00 8,328.50 16.7
TOTAL ADMINISTRATION
MISCELLANEOUS
10, 305.76 101, 564.70
145,000.00 43,435.30 70.0
51-47-10 MAINTENANCE & REPAIRS 973.05 14,930.22 50,000.00 35,069.78 29.9
51-47-20 MISCELLANEOUS EXPENSE .00 62.04 200.00 137.96 31.0
51-47-30 EQUIPMENT EXPENSE .00 .00 3,000.00 3,000.00 .0
51-47-35 EQUIPMENT RENT .00 40.80 4,000.00 3,959.20 1.0
TOTAL MISCELLANEOUS 973.05 15,033.06 57,200.00 42,166.94 26.3
CAPITAL IMPROVEMENTS
51-48-20 CAPITAL IMPROVEMENTS .00 331.40 70,000.00 69,668.60 .5
51-48-50 SYSTEM UPGRADE 00 .00 102,000.00 102,000.00 .0
TOTAL CAPITAL IMPROVEMENTS .00 331.40 172,000.00 171,668.60 .2
EQUIPMENT REPLACEMENT
51-50-10 EQUIPMENT REPLACEMENT .00 8,353.56 45,000.00 36,646.44 18.6
TOTAL EQUIPMENT REPLACEMENT .00 8,353.56 45,000.00 36,646.44 18.6
TOTAL FUND EXPENDITURES 11,278.81 125,282.72 419,200.00 293,917.28 29.9
NET REVENUE OVER EXPENDITURES
27,281.34 83,368.43
.00 ( 83,368.43) .0
FOR ADMINISTRATION USE ONLY
67 % OF THE FISCAL YEAR HAS ELAPSED O6/11/2014 12:28PM PAGE: 6
Mike and Louise Bryan are considering purchasing property on Steele
Avenue from McKay Guthrie. Before we do so, we want to make sure that
all permission will be granted necessary to developing and building on the
property.
We are requesting approval of the City of Iona to take the necessary steps
to improve the property including sewer, power and water to the property
as shown on the attached map.
We are also requesting any other information that will be helpful in moving
forward with this project, including anything that could be an issue.
We also have a couple of other questions we would like to ask if it is
appropriate.
Thank you very much,
Mike and Louise Bryan
Exhibit "A"
EXHIBIT "A"
Beginning at a point on the South lime of Block 13 of IONA TOWNS1'1'E, according to the
official plat thereof, recorded on May 17,1892,•filed in Old Book of Plats at Page(s) 2, filed
in Official Recorids of Bonneville County, Idaho that is North 00°14'20" West 49.62 feet to
a point of the said South line extended and South 85°44'11" West 222.43 from the
monumented centerline of Steele Ave. and 1st Street and running thence South 85°44'11"
West 117.72 feet to the Southwest corner of said Block 13; thence North 00°37'32" East
163.39 feet along the West line of said Block 13; thence North 87°35'32" East 117A5 feet;
thence South 00°37'32" West 159.57 feet to the point of beginning.
1331305
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF IONA, IDAHO;
AMENDING THE SUBDIVISION ORDINANCE OF THE CITY
OF IONA, IDAHO, AS CONTAINED IN CHAPTER 1, TITLE 10
OF THE IONA CITY CODE; DEFINING THE TERM "RIGHT-
OF-WAY"; MODIFYING SECTION 10-1-4 OF THE IONA CITY
CODE RELATING TO PLATTING; MODIFYING SECTION 10-
1-7 OF THE IONA CITY CODE RELATING TO REQUIRED
FRONTAGE ON A PUBLIC STREET; UPDATING APPEAL
PROVISIONS IN SECTION 10-1-17; ADDING PROVISIONS
TO CHAPTER 11, TITLE 11 OF THE ZONING ORDINANCE,
ALLOWING FOR PRIVATE ACCESS ROADS TO PUBLIC
STREETS; PRESERVING PRIOR ORDINANCE; PROVIDING
FOR METHODOLOGY; PROVIDING FOR SEVERABILITY
AND ESTABLISHING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA,
IDAHO THAT:
Section 1. Amendment of Section 10-1-3 of the Iona City Code: Section 10-1-
3 of the lona City Code is hereby amended as follows:
10-1-3: DEFINITIONS:
ALLEY:
A public way designed to serve as secondary access to the
side or rear of lots having principal access on some other
street.
AGRICULTURAL Land used strictly for the cultivation of crops or for animal
LAND: husbandry and which is held in tracts or parcels no smaller
than ten (10) acres in area.
AMENDED PLAT:
A change in the plat of an approved or recorded subdivision
that affects the layout of any street or area reserved for public
use, or creates any additional lots.
ANNEXATION A legal document or contract between the subdivider or
AGREEMENT: developer and the City that sets forth the rights, duties, and
obligations of all parties regarding each specific subdivision or
development.
BLOCK: A tract of land bounded by streets, alleys, parks, cemeteries,
rights of way or other public boundary lines.
Exhibit "B"
BUILDING:
BUILDING SITE:
Any structure built for the protection, shelter, or enclosure of
persons, animals, chattels, or property of any kind.
An area upon which the developer proposes to erect or
construct a building or make improvements to render the
property suitable for the erection of a building, together with
the surrounding land which is intended to be used in
conjunction with such building or improvements.
CITY: The City of Iona.
CITY ENGINEER: The City Engineer duly appointed by the Council.
COMMISSION: The Planning and Zoning Commission of the City as it
presently exists or as may be adopted or amended hereafter.
COMPREHENSIVE The Comprehensive Plan of the City.
PLAN:
CUL-DE-SAC: A local street with only one outlet and having a safe and
convenient circuit for traffic reversal.
DEDICATION: The setting apart, acceptance and confirmation by the City
Council of land or an interest in land for use by the public.
DEVELOPER: A person who subdivides or proposes to subdivide land,
whether as an owner or an agent of an owner.
EASEMENT: The use of a designated part of property, authorized by the
owner, for another, in perpetuity.
FRONTAGE: That side of a lot abutting on a street from which primary
pedestrian access to public streets and sidewalks is made.
GRADE: The slope of a road or street expressed as a percentage
amount.
IMPROVEMENT: Any alteration to, or construction upon real property, which
increases the value or utility of the land.
INDIVIDUAL SEWAGE
DISPOSAL SYSTEM:
A septic tank, seepage the sewage disposal system, or any
other sewage treatment device not connected or intended to
serve more than one building, or connected to any other public
or private sewage system.
-2-
LOT:
A tract, plot, or portion of a subdivision or other parcel of land
of sufficient dimension and area to meet the zoning
requirements for lot size.
LOT, CORNER: A lot situated at the intersection of two (2) streets.
MODEL HOME: A dwelling unit used for display purposes which typifies the
kind of units to be constructed in a subdivision.
OPEN SPACE: An area open to the sky that is exclusive of streets, buildings,
or other covered structures.
OWNER: Any person, group of persons, partnership, association trust,
corporation or other legal entity having legal title to, or an
interest in, the land proposed to be subdivided.
PLAT, FINAL: The final drawing of the subdivision, including all dedication
and acknowledgments thereon, which conforms to the
provisions of this chapter.
PLAT, PRELIMINARY: The preliminary drawing or drawings, indicating the proposed
manner or layout of the subdivision, including but not limited to,
street layout and design, lots, blocks and proposed zoning.
PLAT, SKETCH: A sketch prior to the preparation of a preliminary plat, or final
plat in the case of a short subdivision, with no dedication, used
for the purpose of generally discussing the proposed
subdivision and any applicable requirements.
PUBLIC
IMPROVEMENT:
PUBLIC WAY:
RE -SUBDIVISION
REPLAT:
Any drainage system, road, curb, sidewalk, off-street parking
area, sewer or water system or any other facility for which the
City may assume responsibility, or which may affect
improvements which are presently the responsibility of the City.
A right-of-way for use of motor vehicles that has been
dedicated to the public for public use and accepted by the City
Council. Public dedication and acceptance shall be evidenced
by a plat approved by the City Council in accordance with the
provisions of this Chapter or by a public dedication
accompanied by a written resolution of the City Council
accepting such dedication.
A change in the plat of an approved or recorded subdivision OR
that affects the layout of any street or area reserved for public
use, or which creates any additional lots.
-3-
RIGHT-OF-WAY: A strip of land occupied or intended to be occupied by a street,
sidewalk, railroad, public utility, or other similar public use.
SALE OR LEASE: Any immediate or future transfer of ownership or any
reversionary interest in land, including a contract of sale,
whether by deed, contract, plat or other agreement.
SETBACK: The required distance between a building and a property line.
STREET: The entire width between the boundary lines of a public way.
STREET, DEAD-END: A street or portion thereof, with only one point of ingress and
egress.
SUBDIVISION:
The division of land into five (5) or more lots, for the purpose
of sale, lease or development, including any re -subdivision of
land.
SUBDIVISION POLICY: The procedures and policies for administering and processing
a subdivision application, as may be adopted by ordinance or
resolution of the City Council, which policy implements the
provisions of this chapter.
VARIANCE: A modification of the strict application of this chapter.
Section 2. Amendment of Section 10-1-4 of the Iona City Code: Section 10-1-
4 of the Iona City Code is hereby amended as follows:
10-1-4: PLATTING:
(A) Platting Required: No person shall subdivide or re -subdivide any piece, parcel or
tract of land, situated within the City or within one mile outside the City limits, or sell,
lease or convey any subdivision or portion thereof, within said area, without first
filing a plat approved by the City in conformity with the requirements of this chapter.
Notwithstanding the foregoing, any plat situated within an officially designated area
of City impact as provided for in Section 67-6526, Idaho Code, shall be subject to
the terms and provisions of any area of the City impact agreement between the City
and Bonneville County.
(B) Exclusions: Platting shall not be required for:
1. A bona fide sale, division or partition of land intended strictly for use
thereafter as agricultural land. The intent to construct, as evidenced by a
request for a building permit, a residence, apartment commercial or industrial
-4-
building or other nonagricultural building or buildings upon such tract of land,
shall be deemed sufficient evidence that the land described in the application
for a building permit is no longer agricultural and shall immediately subject
such land to the requirements of this Chapter.
2. An allocation of land in settlement of an estate of a decedent or a court
decree for the distribution of property.
3. An involuntary sale of land as result of legal condemnation as defined and
allowed in the Idaho Code.
4. A widening of existing streets to conform to the comprehensive plan or by
authority of the City.
5. The acquisition of the street right of way by a public agency in conformity
with the comprehensive plan.
6. An exchange of land for the sole purpose of straightening property
boundaries or enlarging any existing lot, and which does not create additional
lots.
(C) Amended Plat, Re -subdivision or Replat: Whenever a developer proposes to re -
subdivide, replat, or amend the plat of an approved or recorded subdivision, the
developer shall file a new application for a subdivision and such application shall be
processed in the manner set forth in Sections 10-1-13 10-1-14 through 10-1-16 of
this chapter.
(D) Plat Specifications: All final plats shall comply with Idaho Code Section 50-1304,
and such other regulations established by the City Engineer which are reasonably
necessary to assure legibility, permanency, clarity, reproducibility, accuracy,
uniformity and neatness of the plat. The map drawings shall be at a scale of one
inch equals one hundred feet (1" = 100'). The plat shall also contain such
information as is necessary to determine compliance with the provisions of this
chapter. The City Engineer shall, upon request, make available a written copy of
all such regulations.
Section 3. Amendment of Section 10-1-7 of the lona City Code: Section 10-1-
7 of the Iona City Code is hereby amended as follows:
10-1-7: LOT IMPROVEMENTS:
(A) All lots shall be arranged so that all lots meet all qualifications necessary to secure
a building permit.
-5-
(B) Lot dimensions shall conform to the minimum standards in the Zoning Ordinance.
All lots shall have at least eighty-five feet (85') of frontage upon a dedicated street.
Frontage for lots located on a cul-de-sac shall be measured at the front set -back
line.
(C) All lots shall have full frontage on, and a c ss to, a dedicated street er- or shall
have access to a dedicated street through a private access road approved
in accordance with the provisions of section 11-11-26 of this Code.
(D) Adequate provisions shall be made for soil preservation, drainage patterns, and
debris and waste disposal and collection.
(E) Side lines of lots shall be at, or near, right angles or radial to the street lines. All
corner lots shall have a minimum radius of twenty feet (20') on the property line.
(F) All property within the subdivision shall be included within a lot or area dedicated for
public use.
(G) All residentially zoned corner lots shall be a minimum of ten percent (10%) larger
in area than the average area of all similarly zoned lots in the plat or subdivision
under consideration, unless such average lot area is greater than 25,000 square
feet. If less than ten (10) such lots are shown in the subdivision or plat under
consideration, then the City Engineer may use other plats or subdivisions within the
surrounding area to calculate the average area of all similarly zoned lots within the
vicinity of the property under consideration.
Section 4. Amendment of Section 10-1-17 of the Iona City Codet_ Section 10-
1-17 of the Iona City Code is hereby amended as follows:
10-1-17: ADMINISTRATION:
(A) City Engineer: The City Engineer shall administer the terms and provisions of this
chapter and receive and process all subdivision applications.
(B) Subdivision Policy: The City Engineer may adopt a subdivision policy to more
specifically implement the terms and provisions of this chapter, provided, however,
such subdivision policy shall be consistent with the express provisions and intent of
this chapter. All applications for approval of a subdivision shall comply with the
terms and provisions of the subdivision policy.
(C) Variances: The City Council may; grant a variance to the terms and provisions of
this chapter. A variance may be granted only upon an express finding that all of the
following conditions exist:
-6-
1. There are special circumstances or conditions affecting the property such
that a strict application of this chapter would clearly be impracticable or
unreasonable.
2. Strict compliance with this chapter would result in extraordinary hardship, as
distinguished from mere inconvenience, to the developer because of the
particular physical surroundings, shape, or unusual topography of the
developer's property, and will substantially preclude development of the
property.
3. The circumstances for which the variance is sought are unique to the
property and are not applicable to other properties similarly situated. —
4. The variance is the least deviation from this chapter necessary to mitigate
the hardship.
5. The granting of the variance will not be substantially detrimental to the public
safety, health, welfare or will not substantially injure other property adjoining
the property for which the variance is sought.
6. The variance is not otherwise contrary to law.
7. The conditions necessitating the variance were not caused by or in any way
arise from the actions of the developer.
(D) Appeals. Any applicant denied a permit or aggrieved by a decision, may, within
sixtrtwenty-eight(6628) days after all remedies have been exhausted under this
chapter, seek judicial review pursuant to the procedures set forth in Section 6�-
5215(b) through (g)67-6513 and Section G7-521 G67-6521, Idaho Code.
Section 5. Adoption of Section 11-11-26 of the Iona City Code. A new section
11-11-26 of the Iona City Code is hereby adopted as follows:
11-11-26: PRIVATE ACCESS ROADS:
(A)
Notwithstanding the provisions of section 10-1-7(C) of this Code, lots located within
any residential zone may derive access to a public street through a private access
road, provided a permit is first obtained from the City Council in accordance with the
provisions of this subsection.
(B) Permits shall be granted only upon the following conditions:
1. Such access easement shall not be less than twenty feet (20') in width.
-7-
2. The surface of the access road shall not be less than twenty feet (20') in
width throughout the entire length of such road and shall be comprised of a
graveled surface containing not less than four inches (4") of crushed three-
quarter inch (3/4") aggregate gravel or a paved surface comprised of not less
than two inches (2") of asphalt over four inches (4") of three-quarter inch
(3/4") crushed gravel.
3. The applicant shall construct and post at the entrance of such private access
road to a public street a clearly visible sign containing letters not less than
two inches (2") in height, reflecting the street address of such residence.
Such sign shall also contain the words "Parking on Private Roadway Not
Allowed." The applicant shall also keep such sign in a good state of repair.
4. Private gates shall not be permitted or constructed across such private
access road at any time.
5. The location and distance of the lot served by such private access road shall
comply with all fire codes and public safety codes, relative to the nearest
distance to a fire hydrant.
(C) The applicant or owner of such lot shall at all times keep and maintain the surface
of such private access road in good and passable condition, including keeping the
roadway plowed and free of obstruction from snow and ice. Failure to maintain the
road or sign in such condition or failure to fully comply with the terms and conditions
of such permit, shall be deemed an infraction under this Code.
Section 6. Methodology. Text that is underlined in the preceding sections
means new text added to the former Ordinance or City Code Section, and text that is
stricken through means text that is being deleted from the former Ordinance or Code
Section. Text that is moved from one location in the former Ordinance or Code Section to
another location is similarly shown as underlined text.
Section 7. Severability. The sections and subsections of this Ordinance are
severable. The invalidity of any section or subsection shall not affect the validity of the
remaining sections or subsections.
Section 8. Preservation of Prior Ordinance. The sections of the City Code
repealed or amended by this Ordinance shall be preserved to the extent necessary to allow
-8-
the arrest, prosecution and punishment of any person who violates such provisions prior
to the effective date hereof.
Section 9. Effective Date. This Ordinance shall become effective upon its
passage, execution and publication in the manner provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this day of
, 2014.
ATTEST:
Julie Hammond
City Clerk
(SEAL)
Brad Andersen
Mayor
-9-
BEFORE THE CITY COUNCIL OF THE CITY OF IONA, IDAHO
IN RE: THE APPLICATION OF
VERIZON WIRELESS FOR A
VARIANCE
FINDINGS OF FACT,
CONCLUSIONS OF LAW AND
DECISION
FINDING OF FACT
1. The Applicant is Verizon Wireless, whose street address is 1894 W. 1690 S.,
Woods Cross, Utah, 84087.
2. On or about March 11, 2014, the Applicant filed an application for a variance
in order to construct a cellular phone tower with a height of approximately 100 feet.
3. The proposed location is immediately behind the storage units located at 5050
E. Owens Ave., Iona, Idaho.
4. The zoning of the subject property is C-1.
5. The proposed cell tower would be used for the purpose of relaying cellular
phone transmissions within the immediately surrounding area and is sought for the purpose
of enhancing the cell phone coverage reception within the area immediately surrounding the
cell tower.
6. There are a number of adjacent commercial buildings located within 100 feet
of the tower which would potentially be subject to destruction if the tower were to collapse.
7. The Applicant proposes to construct the tower in a fashion that would meet or
exceed applicable building codes and industry standard construction codes. Given such
construction, the likelihood of the tower collapsing would be very slight.
8. There are no other cell phone towers located within the City limits, nor are
there any other nearby structures that exceed 50 feet in height. As a result, the tower would
be visible from all vantage points located within the City and would be very prominent
because of the absence of any other structure with similar height.
9. There are one or perhaps two other lots located immediately outside the City
of Iona that are zoned for agricultural use under the Bonneville County Zoning Ordinances.
Such Zoning Ordinances also permit construction of cell towers, without limitation on height.
Exhibit "C"
The Applicant acknowledges that such potential sites would likely be satisfactory for its
purposes, although he has not made contact with the owners to discuss lease/purchase
arrangements.
CONCLUSIONS OF LAW
1. Section 11-6-4 of the Iona City Code prohibits the construction of any building,
structure or any portion thereof exceeding 35 feet in height within the C-1 Zone, unless
approved by conditional use permit. Section 11-6-3(B) includes a number of permitted
conditional uses, however a cell phone tower is not included within such list. Therefore, a
cell phone tower having a height of 100 feet would not be a permitted or conditional use
within such zone, absent the issuance of a variance.
2. Chapter 14, of Title 11 of the Iona City Code provides for the application and
issuance of variance. Section 11-14-2(B) requires proof of the following conditions in the
variance application: (i) a description of the physical characteristics of the site that causes
a hardship, (ii) a description of the hardship and why the provisions of the zoning ordinance
impose undue burdens upon the property owner, and (iii) evidence that the hardship was not
caused by the owner, or previous owners, to their own actions.
3. Inasmuch as other lots are apparently suitable for the Applicant's desired use
and are located within reasonably close proximity of the subject lot and the exterior
boundaries of the City and such lots are satisfactory for the Applicant's coverage needs, no
hardship has been shown. Further, the Applicant has not demonstrated any inability to
acquire, by purchase or lease, such parcels nor has the Applicant shown that the subject lot
is unique in its ability to meet Applicant's needs.
DECISION
1. Applicant's request for a variance is hereby denied.
DATED this _ day of June, 2014.
Brad Andersen
Mayor
GAWPDATA\DWS\2708 City of Iona \Mewing S. Zoning\2014Windings of Fact. VerSon.v2.wpd:sn
CITY OF IONA
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN, that the Planning and Zoning Commission for the City of
Iona will conduct a public hearing on July 9, 2014 at 6:30 pm at the Iona Community Center,
which is located at 3548 North Main Street, Iona, Idaho. The purpose of the hearing is to
consider the annexation and initial zoning of the Nu'r Subdivision, a Bonneville County
Subdivision located on 45t" East (Crowley Road) between East Lincoln Road and East Iona
Road. If such annexation is granted, the proposed zoning of the property will be R-1 and the
Comprehensive Plan will be amended with the designation of such area as Residential, as
provided in such Plan.
NOTICE IS FURTHER GIVEN that a second public hearing will be conducted before
the Iona City Council at 7:15 p.m. on July 15, 2014 at the said Community Center, also for the
purpose of considering said annexation, initial zoning and Comprehensive Plan amendment.
The Nu'r Subdivision is more particularly described, as follows:
Beginning at the Northwest Corner of Section 12 T2N R38 E.B.M. and running thence
N 89'39'35" E along the Section line 421.00 feet; thence S 0'05'05" W 277.44 feet; thence
N 88'21'35" E 35.44 feet; thence S 0'05'05" W 1000 feet; thence N 88'21'35" E 187.40 feet;
thence S 0'05'05" W 860.00 feet; thence S 88'21'35" W 644.00 feet to a point on the West line
of said Section 12, said point being N 0'05'05" E 475.00 feet from the West Quarter Corner of
said Section 12; thence N 0'05'05" E along the Section line 2147.00 feet to the point of
beginning, containing 25.914 Acres.
The public is invited to attend and public comment is encouraged. Written comments
will be accepted and considered, provided they are delivered no later than three full business
days prior to the hearing. Such comments must be physically delivered to the Office of the City
Clerk at 3548 North Main Street, Iona, Idaho. Comments may also be emailed to the following
email address: iona@cityofiona.org. A copy of the Annexation Plan for the proposed
annexation may also be obtained from the City Clerk's office.
Any person needing special accommodations to participate in such meetings should
contact the City Clerk's Office no later than the day prior to the meeting. The City Clerk's
telephone number is 523-5600.
DATED this 6t" day June, 2014.
Julie mond
City lerk
Mailed: June 24, 2014
Posted: June 24, 2014
Published: June 11, 2014 & June 24, 2014
Exhibit "D"
ANNEXATION PLAN - NU'R SUBDIVISION
A Proposed Annexation of the Nu'R Subdivision,
a Bonneville County Subdivision, into the City of Iona, Idaho
Introduction
Pursuant to the provisions of Idaho Code § 50-222(5)(b) the City of Iona, Idaho,
contemplates annexation of the Nu'R Subdivision, a Bonneville County Subdivision, into and
within the corporate boundaries of the City of Iona. Such annexation shall consist of all lots
located within such Subdivision, according to the plat thereof recorded as Instrument No.
423119, records of Bonneville County, Idaho. A true and correct copy of the duly recorded
plat of such subdivision is attached hereto as Exhibit "A." The following is a brief analysis
of the procedure for such annexation and the effect of such annexation upon such lots.
Procedure for Annexation and Zoning of Such Property
The procedure for annexation of such Subdivision is set forth in Idaho Code § 50-
222(5). Annexation and zoning of such lots shall be undertaken in accordance with the
notice and hearing procedures set forth in Idaho Code § 67-6511. In accordance with such
procedures, an initial notice of public hearing concerning the question of annexation and
zoning shall be published in the Post Register and will be mailed by first class mail to every
property owner located within the lands proposed for annexation, not less than twenty-eight
(28) days prior to the date of the initial public hearing. All public hearing notices will
establish a time and procedure by which comments concerning the proposed annexation may
be received in writing and heard and additionally, public hearing notices will be delivered
by mail and shall include a copy of this Annexation Plan or a one page summary thereof and
will provide information regarding the location where a copy of this Annexation Plan may
be obtained without charge. Notice of the proposed annexation and proposed zoning of the
property will be given in accordance with Idaho Code § 67-6511, including a notice which
will be posted on each lot proposed for annexation, not less than one week prior to the
hearing.
Tax Supported Municipal Services
1. In the event the annexation is granted, all publicly dedicated streets located
within the Subdivision will be maintained by the City of Iona, at public expense, in
accordance with policies, standards and regulations generally established by ordinance or
resolution of the Mayor and City Council.
2. Police and public safety services will be provided by the Iona Police
Department and by and through its existing contract with the Bonneville County Sheriff's
Department.
Proposed Future Land Use
The proposed future land use designation under the Iona Comprehensive Plan, if
annexed, will be "residential" and the zoning of the property, if annexed, will be R-1 under
the Iona Zoning Ordinance.
Additional Information
Written questions concerning this Plan may be delivered to the Iona City Clerk, whose
address is 3548 N. Main Street, Iona, Idaho. Telephone inquires may also be made to the
Iona City Clerk at (208) 523-5600.
Dated this day of June, 2014.
CITY OF IONA
By:
Brad Andersen
Mayor
GAWPDATADWS\2708 City ofIona ANNEX \Nut Addition Annexation\Annexation Plan - Nu'R Subdivision.v3.wpd:sm
Annual Drinking Water Quality Report For - 2013
City of Iona
PWS #7100041
As your back-up licensed drinking water operator and mayor I am pleased to present to you this year's Annual
Quality Water Report. This report is designed to inform you about the quality water and services we deliver to you
every day. Our constant goal is to provide you with a safe and dependable supply of drinking water. We want you to
understand the efforts we make to continually improve and protect our water resources. We are committed to
ensuring the quality of your water. Our water source is (i.e., groundwater, well) from the East Snake River Plain
Aquifer.
I am pleased to report that your drinking water is safe and meets federal and state requirements. A source water
assessment was completed for your water system. Your system received a rating of "moderate" because of past
historical data and where your water source is located (i.e., agriculture area). If you would like a copy of this report
you can contact the Division of Environmental Quality (DEQ) or the City of Iona. If you have any questions about
this report or concerning your water utility, please contact me at 521-6970. We want our valued customers to be
informed about their water utility. Please contact the City of Iona of the next scheduled city council meeting.
City of Iona routinely monitors for contaminants in your drinking water according to Federal and State laws. This
table shows the results of our monitoring for the period of January 1"to December 31', 2013. As water travels over
the land or underground it can pick up substances or contaminants such as microbes, inorganic and organic
chemicals, and radioactive substances. All drinking water, including bottled drinking water, may be reasonably
expected to contain at least small amounts of some contaminants. It's important to remember that the presence of
these contaminants does not necessarily pose a health risk.
In this table you will find many terms and abbreviations you might not be familiar with. To help you better
understand these terms we've provided the following definitions:
Non -Detects (ND) - laboratory analysis indicates that the constituent is not present.
Parts per million (ppm) or Milligrams per liter (mg/l) - one part per million corresponds to one minute in two years
or a single penny in $10,000.
Parts per billion (ppb) or Micrograms per liter - one part per billion corresponds to one minute in 2,000 years, or a
single penny in $10,000,000.
Pico curies per liter (pCi/L) - Pico curies per liter are a measure of the radioactivity in water.
Millirems per year (mrem/yr) - measure of radiation absorbed by the body.
Action Level - the concentration of a contaminant which, if exceeded, triggers treatment or other requirements which
a water system must follow.
Treatment Technique (TT) - (mandatory language) A treatment technique is a required process intended to reduce the
level of a contaminant in drinking water.
Maximum Contaminant Level - (mandatory language) The "Maximum Allowed" (MCL) is the highest level of a
contaminant that is allowed in drinking water. MCLs are set as close to the MCLGs as feasible using the best
available treatment technology.
Maximum Contaminant Level Goal - (mandatory language) The "Goal" (MCLG) is the level of a contaminant in
drinking water below which there is no known or expected risk to health. MCLGs allow for a margin of safety.
Exhibit "E"
TEST RESULTS
Contaminant
Violation
Y/N
Level
Detected
Unit
Measurement
MCLG
MCL
Likely Source of Contamination
Microbiological Contaminants
1. Total Coliform
Bacteria
N
Absent
Presence or
Absent
0
> 1
Naturally present in the environment
2. Fecal coliform
and E.coli
N
Absent
Presence or
Absent
0
a routine
sample
and
repeat
sample
are total
coliform
positive,
and one
is also
fecal
coliform
or E. coli
positive
Human and animal fecal waste
3. Turbidity
N
0
NTU
n/a
TT
Soil runoff
Radioactive Contaminants
4. Beta/photon emitters
#2 well
N
4.85
mrem/yr
0
4
Decay of natural and man-made deposits
5. Alpha emitters #2
well/#3
N
2.99
2.39
pCi/1
0
15
Erosion of natural deposits
6. Combined radium
#2 well/#3
N
1.29,
0.08
pCi/1
0
5
Erosion of natural deposits
Inorganic Contaminants
7. Antimony
N
0
ppb
6
6
Discharge from petroleum refineries; fire
retardants; ceramics; electronics; solder
8. Arsenic
Well #1/#3
N
1.0
ppb
0
10
Erosion of natural deposits; runoff from
orchards; runoff from glass and
electronics production wastes
9. Asbestos
N
0
MFL
7
7
Decay of asbestos cement water mains;
erosion of natural deposits
10. Barium
Well # 1/#2/3
N
0.122,
.121,
0.087
ppm
2
2
Discharge of drilling wastes; discharge
from metal refineries; erosion of natural
deposits
11. Beryllium
N
0
ppb
4
4
Discharge from metal refineries and coal -
burning factories; discharge from
electrical, aerospace, and defense
industries
12. Cadmium
N
0
ppb
5
5
Corrosion of galvanized pipes; erosion of
natural deposits; discharge from metal
refineries; runoff from waste batteries and
paints
13. Chromium
N
0
ppb
100
100
Discharge from steel and pulp mills;
erosion of natural deposits
14. Copper
10 samples collected
N
.18
ppm
1.3
AL=1.3
Corrosion of household plumbing
systems; erosion of natural deposits;
leaching from wood preservatives
15. Cyanide
N
0
ppb
200
200
Discharge from steel/metal factories;
discharge from plastic and fertilizer
factories
16. Fluoride
Well # 1, #2, & #3
N
0.4.
0.3, 0.4
ppm
4
4
Erosion of natural deposits; water
additive which promotes strong teeth;
discharge from fertilizer and aluminum
factories
17. Lead
10 samples collected
N
4
ppb
0
AL=15
Corrosion of household plumbing
systems, erosion of natural deposits
18. Mercury
(inorganic)
N
0
ppb
2
2
Erosion of natural deposits; discharge
from refineries and factories; runoff from
landfills; runoff from cropland
19. Nitrate
(as Nitrogen)
Well #1,#2, & #3
N
1.89,
1.61 ,
& 2.25
ppm
10
10
Runoff from fertilizer use; leaching from
septic tanks, sewage; erosion of natural
deposits
20. Nitrite
(as Nitrogen)
N
0
ppm
1
1
Runoff from fertilizer use; leaching from
septic tanks, sewage; erosion of natural
deposits
21. Selenium
N
0
ppb
50
50
Discharge from petroleum and metal
refineries; erosion of natural deposits;
discharge from mines
22. Thallium
N
0
ppb
0.5
2
Leaching from ore -processing sites;
discharge from electronics, glass, and
drug factories
Synthetic Organic Contaminants including Pesticides and Herbicides
23. 2,4-D
N
0
ppb
70
70
Runoff from herbicide used on row crops
24. 2,4,5-TP
(Silvex)
N
0
ppb
50
50
Residue of banned herbicide
25. Acrylamide
N
0
0
TT
Added to water during
sewage/wastewater treatment
26. Alachlor
N
0
ppb
0
2
Runoff from herbicide used on row crops
27. Atrazine
N
0
ppb
3
3
Runoff from herbicide used on row crops
28. Benzo(a)pyrene
(PAH)
N
0
nanograms/1
0
200
Leaching from linings of water storage
tanks and distribution lines
29. Carbofuran
N
0
ppb
40
40
Leaching of soil fumigant used on rice
and alfalfa
30. Chlordane
N
0
ppb
0
2
Residue of banned termiticide
31. Dalapon
N
0
ppb
200
200
Runoff from herbicide used on rights of
way
32. Di(2-ethylhexyl)
adipate
N
0
ppb
400
400
Discharge from chemical factories
33. Di(2-ethylhexyl)
phthalate
N
0
ppb
0
6
Discharge from rubber and chemical
factories
34. Dibromochloro-
propane
N
0
nanograms/1
0
200
Runoff/leaching from soil fumigant used
on soybeans, cotton, pineapples, and
orchards
35. Dinoseb
N
0
ppb
7
7
Runoff from herbicide used on soybeans
and vegetables
36. Diquat
N
0
ppb
20
20
Runoff from herbicide use
37. Dioxin
[2,3,7,8-TCDD]
N
0
picograms/1
0
30
Emissions from waste incineration and
other combustion; discharge from
chemical factories
38. Endothall
N
0
ppb
100
100
Runoff from herbicide use
39. Endrin
N
0
ppb
2
2
Residue of banned insecticide
40. Epichlorohydrin
N
0
0
TT
Discharge from industrial chemical
factories; an impurity of some water
treatment chemicals
41.Ethylene dibromide
N
0
nanograms/1
0
50
Discharge from petroleum refineries
42. Glyphosate
N
0
ppb
700
700
Runoff from herbicide use
43. Heptachlor
N
0
nanograms/1
0
400
Residue of banned termiticide
44.Heptachlor epoxide
N
0
nanograms/1
0
200
Breakdown of heptachlor
45.Hexachlorobenzene
N
0
ppb
0
1
Discharge from metal refineries and
agricultural chemical factories
46.Hexachlorocyclo-
pentadiene
N
0
ppb
50
50
Discharge from chemical factories
47. Lindane
N
0
nanograms/1
200
200
Runoff/leaching from insecticide used on
cattle, lumber, gardens
48. Methoxychlor
N
0
ppb
40
40
Runoff/leaching from insecticide used on
fruits, vegetables, alfalfa, livestock
49. Oxamyl [Vydate]
N
0
ppb
200
200
Runoff/leaching from insecticide used on
apples, potatoes and tomatoes
50. PCBs
[Polychlorinated
biphenyls]
N
0
nanograms/1
0
500
Runoff from landfills; discharge of waste
chemicals
51. Pentachlorophenol
N
0
ppb
0
1
Discharge from wood preserving factories
52. Picloram
N
0
ppb
500
500
Herbicide runoff
53. Simazine
N
0
ppb
4
4
Herbicide runoff
54. Toxaphene
N
0
ppb
0
3
Runoff/leaching from insecticide used on
cotton and cattle
Volatile Organic Contaminants
Discharge from factories; leaching from
55. Benzene
N
0
ppb
0
5
gas storage tanks and landfills
56. Carbon
tetrachloride
N
0
ppb
0
5
Discharge from chemical plants and other
industrial activities
57. Chlorobenzene
N
0
ppb
100
100
Discharge from chemical and agricultural
chemical factories
58. o-Dichlorobenzene
N
0
ppb
600
600
Discharge from industrial chemical
factories
59. p-Dichlorobenzene
N
0
ppb
75
75
Discharge from industrial chemical
factories
60. 1,2-
Dichloroethane
N
0
ppb
0
5
Discharge from industrial chemical
factories
61. 1,1 -
Dichloroethylene
N
0
ppb
7
7
Discharge from industrial chemical
factories
62. cis-1,2-
Dichloroethylene
N
0
ppb
70
70
Discharge from industrial chemical
factories
63. trans - 1,2 -
Dichloroethylene
N
0
ppb
100
100
Discharge from industrial chemical
factories
64. Dichloromethane
N
0
ppb
0
5
Discharge from pharmaceutical and
chemical factories
65. 1,2-
Dichloropropane
N
0
ppb
0
5
Discharge from industrial chemical
factories
66. Ethylbenzene
N
0
ppb
700
700
Discharge from petroleum refineries
67. Styrene
N
0
ppb
100
100
Discharge from rubber and plastic
factories; leaching from landfills
68. Tetrachloroethylene
N
0
ppb
0
5
Leaching from PVC pipes; discharge
from factories and dry cleaners
69. 1,2,4-
Trichlorobenzene
N
0
ppb
70
70
Discharge from textile -finishing factories
70. 1,1,1 -
Trichloroethane
N
0
ppb
200
200
Discharge from metal degreasing sites
and other factories
71. 1,1,2 -
Trichloroethane
N
0
ppb
3
5
Discharge from industrial chemical
factories
72. Trichloroethylene
N
0
ppb
0
5
Discharge from metal degreasing sites
and other factories
73. TTHM
[Total
trihalomethanes]
N
0
ppb
0
100
By-product of drinking water
chlorination
74. Toluene
N
0
ppm
1
1
Discharge from petroleum factories
75. Vinyl Chloride
N
0
ppb
0
2
Leaching from PVC piping; discharge
from plastics factories
76. Xylenes
N
0
ppm
10
10
Discharge from petroleum factories;
discharge from chemical factories
77. Uranium
N
1.60
ppb
0
30
Erosion of natural deposits.
As you can see by the table, our system had no violations. We're proud that your drinking water meets or exceeds all
Federal and State requirements. We have learned through our monitoring and testing that some constituents have
been detected. The EPA has determined that your water IS SAFE at these levels.
All sources of drinking water are subject to potential contamination by substances that are naturally occurring or man
made. These substances can be microbes, inorganic or organic chemicals and radioactive substances. All drinking
water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants.
The presence of contaminants does not necessarily indicate that the water poses a health risk. More information
about contaminants and potential health effects can be obtained by calling the Environmental Protection Agency's
Safe Drinking Water Hotline at 1-800-426-4791.
MCL's are set at very stringent levels. To understand the possible health effects described for many regulated
constituents, a person would have to drink 2 liters of water every day at the MCL level for a lifetime to have a one -
in -a -million chance of having the described health effect.
Total Coliform: The Total Coliform Rule requires water systems to meet a strict limit for coliform bacteria.
Coliform bacteria are usually harmless, but their presence in water can be an indication of disease -causing bacteria.
When coliform bacteria are found, special follow-up tests are done to determine if harmful bacteria are present in the
water supply. If this limit is exceeded, the water supplier must notify the public by newspaper, television or radio of
which the City did.
Nitrates: As a precaution we always notify physicians and health care providers in this area if there is ever a higher
than normal level of nitrates in the water supply.
Lead: Lead in drinking water is rarely the sole cause of lead poisoning, but it can add to a person's total lead
exposure. All potential sources of lead in the household should be identified and removed, replaced or reduced.
In our continuing efforts to maintain a safe and dependable water supply it may be necessary to make improvements
in your water system. The costs of these improvements may be reflected in the rate structure. Rate adjustments may
be necessary in order to address these improvements.
Thank you for allowing us to continue providing your family with clean, quality water this year. In order to maintain
a safe and dependable water supply we sometimes need to make improvements that will benefit all of our customers.
These improvements are sometimes reflected as rate structure adjustments. Thank you for understanding.
Some people may be more vulnerable to contaminants in drinking water than the general population. Immuno-
compromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ
transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be particularly
at risk from infections. These people should seek advice about drinking water from their health care providers.
EPA/CDC guidelines on appropriate means to lessen the risk of infection by cryptosporidium and other
microbiological contaminants are available from the Safe Drinking Water Hotline (800-426-4791).
Please call our City of Iona Office if you have questions.
City of Iona works around the clock to provide top quality water to every tap, "said Public Works Supervisor
Zech Prouse." We ask that all our customers help us protect our water sources, which are the heart of our
community, our way of life and our children's future. Please call Zech Prouse @ 523-5600 if you have any
questions.
Sincerely,
Brad D. Andersen, Mayor
NEW 0
Idaho Business
$50.00
CITY OF IONA
3548 N MAIN
P.O. BOX 487
IONA, ID. 83427
208-523-5600(Phone)
208-535-0087(Fax)
ITINERANT MERCHANT APPLICATION
RENEWAL ® CHANGE OF INFORMATION 0
License Fee (New & Renewal)
Out of State Business
$50.00
Investigation Fee Total $25.00/Individual $
Total Paid for License and Investigation Fee $ rri-4:54/�/
Business Full Name
Cep- 335-
Business Phone Number
kpet4yi 3C114,060-C/v"
Business Contact (Owner/Manager)
Association O Partnership O
I'l°! bekla Ate
Burin ss Physicaddralp ess /C�� lam(, ld• (7 J l49")
Business Mailing Address
State Sales Tax #
Corporation O Other
Please list all of the individuals who will be selling goods/services within the City of Iona for the business
listed above. A separate $25.00 investigation fee will be moiled for each individual. Each individual
must provide a copy of a valid state issued identification card.
First, Middle, Last Name
Date of Birth I.D. Number or Social Security Number
G�f �iG cur- s es�g
ged I
t14Lle I%P,e oe S 90tx)
Please list all vehicle registration numbers and state of issuance that will be used in conjunction with this
license.
NI IA
Exhibit "F"
Briefly describe the nature/type of business, goods and services sold and location where goods will be
sold within the City.
V,11.4-4/1- SID C akaa-
Please describe whether any business -related permit or license held by the applicant or any of the
applicant's agents or employees has been revoked within the past five (5) years by any jurisdiction, and
if so, where, when and why the revocation occurred.
Please list any felony convictions or crimes of immorality for any of the applicants listed above within
five (5) years prior to the date of this application.
Licenses will be approved/denied within 30 days of the application. If the application is denied during
the 30 day review period, the applicant's license fee will be reimbursed. If the application is denied
after the initial 30 day review period for ANY reason, no refund will be given on ANY fees charged.
Please understand the Itinerant Merchant License is valid till December 31n of the current calendar
year. Any violation of Iona City Code or Idaho State Law may revoke this license. If this license is
revoked for any reason, you will be Riven the opportunity to request a reinstatement of this license
from the lona City Council at the next council meeting within 30 days of revocation.
i
Mayor of Iona
City erk
i
ate of License: 1, .- Z 2/�% od� �•%`
/ /
Explanation ill be attached if application is denied.
Approved
Approved
Denied
Denied
City of Iona
3548 N Main St
PO Box 487
Iona ID 83427 (208) 523-5600
Receipt No: 1.005359 Jun 12, 2014
Schwieder Sweets
General - Business Lic & Vendor Permits 50.00
Total: 50.00
Check Check No: 2148 50.00
Total Applied: 50.00
Change Tendered: .00
06/12/2014 12:21 PM
C. L. "Butch" Otter
Governor
Nancy C. Merrill
Director
IDAHO PARK AND
RECREATION BOARD
Tom Crimmins
District One
Randy Doman
District Two
Susan Buxton
District Three
Charles H. Correll
Board Chair
District Four
Jean S. McDevitt
District Five
Robert Hansen
District Six
DIRECTOR'S OFFICE
5657 Warm Springs Avenue
P.O. Box 83720
Boise, Idaho 83720-0065
Phone (208) 334-4199
www.parksandrmrumtion.idaho.gov
June 17, 2014
Brad Anderson, Mayor
City of Iona
P.O. Box 487
Iona, ID 83427
Dear Mayor Anderson,
Enclosed is your copy of the project agreement for the playground at
Memorial Park.
Once work has begun, make sure you keep detailed records for your
request for reimbursement. Here are some things to keep in mind as
you proceed with the project:
• Detailed invoices must be submitted with your request.
• Detailed accounting of the city labor and equipment must be
documented with dates, hours, and type of work completed.
• Any donated labor (skilled or unskilled) must also be tracked
and documented to count toward your match.
Keep me updated on the progress and don't hesitate to call at any
time if you have questions. I'm available at (208) 514-2431 or
kathy.muir@idpr.idaho.gov.
State & Federal Grant Manager
Enclosure
m
STATE AND LOCAL
PROJECT AGREEMENT
Land and Water Conservation Fund
Project Sponsor:
City of Iona
Project Title:
Pioneer Park Splash Pad
Approval Date:
June 2, 2014
Project Period:
4/1/2014to 12/31/2016
Project No.:
16-00567
Project Scope (Description of Project):
1. Construction of Splash Pad
2. Construction of Parking Lot
Project Cost Breakdown:
Total Project Cost as Shown by Project Proposal $89,688.00
Local Matching Funds of 50% $44,844.00
Federal Funds for this Project to Support Ceiling of *50% $44,844.00
*Support Ceiling - The maximum amount of federal assistance that will be provided on a
project. This amount is determined at the time of project approval contained in the project
proposal.
The State of Idaho, represented by the Idaho Park and Recreation Board and the Idaho
Department of Parks and Recreation (hereinafter referred to as the State), and City of Iona
(hereinafter referred to as the Sponsor), mutually agree to perform this agreement in accordance
with the Land and Water Conservation Fund Act of 1965 (hereinafter referred to as LWCF), and any
rules or regulations promulgated thereunder; and the Idaho Administrative Procedures Act, IDAPA
26.01.33000 et seq., including the terms, conditions, plans, specifications, estimates and
procedures established thereunder.
The State is authorized to enter into this agreement pursuant to Sections 67-4223, Idaho Code.
The State hereby promises, in consideration of the promises made by the local unit herein, to take
the necessary steps and action to attempt to enter an agreement with the United States
Department of the Interior, National Park Service, to obtain federal funds for that portion of the
project referred from the United States and disburse the same as it deems necessary to the local
unit.
Nothing contained in any part of this contract, including the general provisions, maintenance
agreement, or any other attachment hereto, is to be, in any way, understood as obligating the
credit of funds of the State of Idaho or any state department. It is further understood that in the
event federal funds are not available for this project within a year from the date of this agreement,
that this agreement is null and void. The Sponsor hereby promises, in consideration of the
promises made by the State, to carry out and complete the project scope described on the reverse
side in accordance with the terms of this agreement and attachments.
It is expressly understood and agreed by and between the parties that the State is not liable to
reimburse the local unit for any costs whatsoever until it has received funds designated for such
project from the National Park Service and until the National Park Service has agreed that such
funds are to be disbursed to the local unit. It is further understood that in the event any project is
cancelled, any funds remaining in the hands of the State will not be paid over to the local unit
unless so permitted by the federal government.
The Sponsor is responsible for assuring that all reasonable safeguards, safety devices, and
protective equipment are provided. Also, the Sponsor should take the action necessary to protect
the life and health of employees on the job and the safety of the public, and to protect property in
connection with performance of work to the project.
The attached general provisions and all commitments in the total project proposal, the project
application, and LWCF manual are made a part of this agreement.
The following special project terms and conditions were added to this agreement before it was
signed.
The parties hereto have executed this agreement on:
Date: 119 l l° ` 6(4—
IDAHO DEPARTMENT OF
PARKS AND RECREATION
By:
Alternate State Liaison Officer
(Title)
Date:
PROJECT SPONSOR
B
(o l o/% 47(
(Signature)
'' t/ W
(Title)
LAND AND WATER CONSERVATION FUND
PROJECT AGREEMENT GENERAL PROVISIONS
Part I - Definitions
A. The tern "NPS" or "Service" as used herein means the National Park Service, United States Department of the Interior.
B. The term "Director" as used herein means the Director of the National Park Service, or any representative lawfully
delegated the authority to act for such Director.
C. The term "Manual" as used herein means the Land and Water Conservation Fund State Assistance Program Manual.
D. The term "project" as used herein means a Land and Water Conservation Fund grant which is subject to the project
agreement and/ofits subsequent amendments.
E. The term "State" as used herein means the State or Territory which is a party to the project agreement, and, where
applicable, the political subdivision or public agency to which funds are to be transferred pursuant to this agreement.
Wherever a term, condition, obligation, or requirement refers to the State, such tenn, condition, obligation, or
requirement shall also apply to the recipient political subdivision or public agency, except where it is clear from the
nature of the tern, condition, obligation, or requirement that it is to apply solely to the State. For purposes of these
provisions, the terns "State," "grantee," and "recipient" are deemed synonymous.
F. The term "Secretary" as used herein means the Secretary of the Interior, or any representative lawfully delegated the
authority to act for such Secretary.
Part II - Continuing Assurances
The parties to the project agreement specifically recognize that the Land and Water Conservation Fund project creates an
obligation to maintain the property described in the project agreement and supporting application documentation consistent with
the Land and Water Conservation Fund Act and the following requirements.
Further, it is the acknowledged intent of the parties hereto that recipients of assistance will use monies granted hereunder for the
purposes of this program, and that assistance granted from the Fund will result in a net increase, commensurate at least with the
Federal cost -share, in a participant's outdoor recreation.
It is intended by both parties hereto that assistance from the Fund will be added to, rather than replace or be substituted for, State
and local outdoor recreation funds.
A. The State agrees, as recipient of this assistance, that it will meet the following specific requirements and that it will further
impose these requirements, and the terms of the project agreement, upon any political subdivision or public agency to
which funds are transferred pursuant to the project agreement. The State also agrees that it shall be responsible for
compliance with the terms of the project agreement by such a political subdivision or public agency and that failure by
such political subdivision or public agency to so comply shall be deemed a failure by the State to comply with the terms
of this agreement.
B. The State agrees that the property described in the project agreement and the signed and dated project boundary map
made part of that agreement is being acquired or developed with Land and Water Conservation Fund assistance, or is
integral to such acquisition or development, and that, without the approval of the Secretary, it shall not be converted to
other than public outdoor recreation use but shall be maintained in public outdoor recreation in perpetuity or for the term
of the lease in the case of leased property. The Secretary shall approve such conversion only if it is found to be in accord
with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions deemed necessary
to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent
usefulness and location pursuant to Title 36 Part 59.3 of the Code of Federal Regulations. This replacement land
becomes subject to Section 6(f)(3) protection. The approval of a conversion shall be at the sole discretion of the
Secretary, or his designee.
Page 1 of 8
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with State and Local Governments;
- 43 CFR Part 12, Administrative and Audit Requirements and Cost Principles for Assistance Programs,
Department of the Interior;
- A-87, Cost Principles for State, Local, and Indian Tribal Governments; and
- A-133, Audits of States, Local Governments, and Non -Profit Organizations.
B. Project Application
1. The Application for Federal Assistance bearing the same project number as the agreement and associated
documents is by this reference made a part of the agreement.
2,
The State possesses legal authority to apply for the grant, and to finance and construct the proposed facilities. A
resolution, motion or similar action has been duly adopted or passed authorizing the filing of the application,
including all understandings and assurances contained herein, and directing and authorizing the person identified
as the official representative of the State to act in connection with the application and to provide such additional
information as may be required.
3. The State has the capability to finance the non -Federal share of the costs for the project. Sufficient funds will be
available to assure effective operation and maintenance of the facilities acquired or developed by the project.
C. Project Execution
1. The project period shall begin with the date of approval of the project agreement or the effective date of a waiver
of retroactivity and shall terminate at the end of the stated or amended project period unless the project is
completed or terminated sooner in which event the project shall end on the date of completion or termination.
2.
The State shall transfer to the project sponsor identified in the Application for Federal Assistance or the
Description and Notification Form all funds granted hereunder except those reimbursed to the State to cover
eligible administrative expenses.
3. The State will cause work on the project to be commenced within a reasonable time after receipt of notification that
funds have been approved and assure that the project will be prosecuted to completion with reasonable diligence.
4. The State will require the facility to be designed to comply with the Architectural Barriers Act of 1968 (Public Law
90-480) and DOI Section 504 Regulations (43 CFR Part 17). The State will be responsible for conducting
inspections to insure compliance with these specifications by the contractor.
5. The State shall secure completion of the work in accordance with approved construction plans and specifications,
and shall secure compliance with all applicable Federal, State, and local laws and regulations.
6. In the event the project covered by the project agreement, cannot be completed in accordance with the plans and
specifications for the project; the State shall bring the project to a point of recreational usefulness agreed upon by
the State and the Director or his designee.
7. The State will provide for and maintain competent and adequate architectural/engineering supervision and
inspection at the construction site to insure that the completed work conforms with the approved plans and
specifications; that it will furnish progress reports and such other information as the NPS may require.
8. The State will comply with the terms of Title II and Title III, the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (P.L. 91-646), 94 Stat. 1894 (1970), and the applicable regulations and
procedures implementing such Act for all real property acquisitions and where applicable shall assure that the Act
has been complied with for property to be developed with assistance under the project agreement.
Page 3 of 8
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2. The retention period starts from the date of the final expenditure report for the project.
3. State and local governments are authorized to substitute copies in lieu of original records.
4. The Secretary of the Interior and the Comptroller General of the United States, or any of their duly authorized
representatives, shall have access to any books, documents, papers, and records of the State and local governments
and their subgrantees which are pertinent to a specific project for the purpose of making audit, examination,
excerpts and transcripts.
F. Project Termination
1. The Director may temporarily suspend Federal assistance under the project pending corrective action by the State
or pending a decision to terminate the grant by the Service.
2. The State may unilaterally terminate the project at any time prior to the first payment on the project. After the
initial payment, the project may be terminated, modified, or amended by the State only by mutual agreement.
3. The Director may terminate the project in whole, or in part, at any time before the date of completion, whenever it
is determined that the grantee has failed to comply with the conditions of the grant. The Director will promptly
notify the State in writing of the determination and the reasons for the termination, together with the effective date.
Payments made to States or recoveries by the Service under projects terminated for cause shall be in accord with
the legal rights and liabilities of the parties.
4. The Director or State may terminate grants in whole, or in part at any time before the date of completion, when
both parties agree that the continuation of the project would not produce beneficial results commensurate with the
further expenditure of funds. The two parties shall agree upon the termination conditions, including the effective
date and, in the case of partial termination, the portion to be terminated. The grantee shall not incur new
obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as
possible. The NPS may allow full credit to the State for the Federal share of the noncancelable obligations,
properly incurred by the grantee prior to termination.
5. Termination either for cause or for convenience requires that the project in question be brought to a state of
recreational usefulness agreed upon by the State and the Director or that all funds provided by the National Park
Service be returned.
G. Lobbying with Appropriated Funds
The State must certify, for the award of grants exceeding $100,000 in Federal assistance, that no Federally appropriated
funds have been paid or will be paid, by or on behalf of the State, to any person for influencing or attempting to influence
an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding, extension, continuation, renewal, amendment, or modification of
this grant. In compliance with Section 1352, title 31, U.S. Code, the State certifies, as follows:
The undersigned certifies, to the best of his or her knowledge and belief that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned. to any person for
influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or
employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
(2) If any_fimds other than Federal appropriated fluids have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency. a Member of Congress, an officer or employee of Congress.
or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,
Page 5 of 8
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The State must include with its application for assistance a specification of the site(s) for the performance of work to be
done in connection with the grant.
I. Civil Rights Assurance
The State certifies that, as a condition to receiving any Federal assistance from the Department of the Interior, it will
comply with all Federal laws relating to nondiscrimination. These laws include, but are not limited to: (a) Title 17 of the
Civil Rights Act of 1964 (42 U.S.C. 2000d-1), which prohibits discrimination on the basis of race, color, or national
origin; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on
the basis of handicap; (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et. seq.), which prohibits
discrimination on the basis of age; and applicable regulatoy requirements to the end that no person in the United States
shall, on the grounds of race, color, national origin, handicap or age, be excludedfron participation in, be denied the
benefits of, or be othenvise subjected to discrimination under any program or activity conducted by the applicant. THE
APPLICANT HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this
agreement.
THIS ASSURANCE shall apply to all aspects of the applicant's operations including those parts that have not received or
benefited from Federal financial assistance.
If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to
the Applicant by the Department, this assurance shall obligate the Applicant, or in the case of any transfer of such
property, any transferee, for the period during which it retains ownership or possession of the property. In all other
cases, this assurance shall obligate the Applicant for the period during which the Federal financial assistance is extended
to it by the Department.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans,
contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Applicant by the
Department, including installment payments after such date our account of applications for Federal financial assistance
which were approved before such date.
The Applicant recognizes and agrees that such Federal financial assistance will be extended in reliance our the
representations and agreements made in this assurance, and that the United Stale shall have the right to seek judicial
enforcement of this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, and
subrecipients and the person whose signature appears on the grant agreement and who is authorized to sign on behalf
of the Applicant.
J. Debarment and Suspension
Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered
Transactions
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals;
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
rendered against there for commission of and or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (Federal, State or local) transaction or contact under a public transaction;
violation of Federal or State antitrust statutes or commission or embezzlement, theft, forgery, bribery, falsification
or destruction of records, making false statement. or receiving stolen property;
(c) Are not presently indicted for or othenvise criminally or civilly charged by a goyenunental entity (Federal,
State or local) with conmrissior of any of the offenses enumerated in paragraph (1)(b) of this certification; and
Page 7 of 8
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IDPR/SWI 50.7
1/13
Idaho Department of Parks and Recreation
Request for Reimbursement/Close-out Report
1.Request # 2. Project Name
4. Project Period
3-a. Grant #
C'FDA #'s are far Federally .funded grants 3-b. CFDA#
6. Project Applicant (Payee)
7. Grant Manager
8. Address
9. Phone
5. Partial Payment ❑ Closeout ❑
10. Fax 11. Email
Grant Funds (IDPR)
Original Grant Amount
Amount Requested This Form
Amount Previously Expended
Balance
Match Funds (Applicant)
Match Committed
Match Reported This Form
Match Previously Reported
Balance
Program rules require that signs be posted acknowledgin;
(i Please check this box if a grant program sign or stick
Note: Furnishing false information may constitute a violat
the above data is correct based on the contractor's official
and maintained, and that the costs shown have been made
the grant contract. The funds requested are for reimbursem
certify that documentation of costs requested are retained i
Authorized Signature
Reimbursement/Close-out cannot be processed with
Submit to:
Idaho Department of Parks and Recreation'
Attn: Kathy Muir
P.O. Box 83720
Boise, ID 83720-0065
(208) 514-2431
National Park Service
Pacific West Region
Project Name:
Indirect Cost Rate:
Project Number:
Drawdown Number:
Billing Number:
Drawdown Amount: #DIV/0!
PERFORMANCE REPORT
State:
Date:
Total Project Cost:
Federal Share:
% Federal Share: #DIV/0!
Partial ❑
Final ❑
PROPOSED
ACCOMPLISHMENTS
ACTUAL ACCOMPLISHMENTS
COSTS THIS
BILLING
TOTAL COSTS
TO DATE
PERCENT
COMPLETED
Subtotal
$0.00
$0.00
Indirect Costs
$0.00
$0.00
TOTAL
$0.00
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Prior to the completion of this project, the State and the Director may mutually alter the area described in the project
agreement and the signed and dated project boundary map to provide the most satisfactory public outdoor recreation unit,
except that acquired parcels are afforded Section 6(f)(3) protection as Fund reimbursement is provided.
In the event the NPS provides Land and Water Conservation Fund assistance for the acquisition and/or development of
property with full knowledge that the project is subject to reversionary rights and outstanding interests, conversion of said
property to other than public outdoor recreation uses as a result of such right or interest being exercised will occur. In
receipt of this approval, the State agrees to notify the Service of the potential conversion as soon as possible and to seek
approval of replacement property in accord with the conditions set forth in these provisions and program regulations. The
provisions of this paragraph are also applicable to: leased properties acquired and/or developed with Fund assistance
where such lease is terminated prior to its full tern due to the existence of provisions in such lease known and agreed to
by the Service; and properties subject to other outstanding rights and interests that may result in a conversion when
known and agreed to by the Service.
C. The State agrees that the benefit to be derived by the United States from the full compliance by the State with the terms of
this agreement is the preservation, protection, and the net increase in the quality of public outdoor recreation facilities and
resources which are available to the people of the State and of the United States, and such benefit exceeds to an
immeasurable and unascertainable extent the amount of money furnished by the United States by way of assistance under
the terms of this agreement. The State agrees that payment by the State to the United States of an amount equal to the
amount of assistance extended under this agreement by the United States would be inadequate compensation to the
United States for any breach by the State of this agreement.
The State further agrees, therefore, that the appropriate remedy in the event of a breach by the State of this agreement
shall be the specific performance of this agreement or the submission and approval of a conversion -of -use request as
described in Section II.B above.
D. The State agrees to comply with the policies and procedures set forth in Manual. Provisions of said Manual are
incorporated into and made a part of the project agreement.
E. The State agrees that the property and facilities described in the project agreement shall be operated and maintained as
prescribed by Manual requirements and published post -completion compliance regulations (Title 36 Part 59 of the Code
of Federal Regulations).
F. The State agrees that a permanent record shall be kept in the participant's public property records and available for public
inspection to the effect that the property described in the scope of the project agreement, and the signed and dated project
boundary map made part of that agreement, has been acquired or developed with Land and Water Conservation Fund
assistance and that it cannot be converted to other than public outdoor recreation use without the written approval of the
Secretary of the Interior.
G. Nondiscrimination
1. By signing the LWCF agreement, the State certifies that it will comply with all Federal laws relating to
nondiscrimination as outlined in the Civil Rights Assurance appearing at Part III -I herein.
The State shall not discriminate against any person on the basis of residence, except to the extent that reasonable
differences in admission or other fees may be maintained on the basis of residence as set forth in the Manual.
Part III - Project Assurances
A. Applicable Federal Circulars
The State shall comply with applicable regulations, policies, guidelines and requirements as they relate to the application,
acceptance and use of Federal funds for this federally assisted project, including:
- OMB Circular A-102. Uniform Administrative Requirements for Grants and Cooperative Agreements
Page 2 of 8
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9. The State will comply with the provisions of: Executive Order 11988, relating to evaluation of flood hazards;
Executive Order 11288, relating to the prevention, control, and abatement or water pollution, and Executive Order
11990 relating to the protection of wetlands.
10. The State will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires
the purchase of flood insurance in communities where such insurance is available, as a condition for the receipt of
any Federal financial assistance for construction or acquisition purposes, for use in any area that has been identified
as an area having special flood hazards by the Flood Insurance Administration of the Federal Emergency
Management Agency. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty.
insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal
assistance.
11. The State will assist the NPS in its compliance with Section 106 of the National Historic Preservation Act of 1966
as amended (16 U.S.C. 470), Executive Order 11593, and the Archaeological and Historic Preservation Act of
1966 (16 U.S.C. 469a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of
investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of
Historic Places that are subject to effects (see CFR Part 800.8) by the activity, and notifying the Federal grantor
agency of the existence of any such properties, and by (b) complying with all requirements established by the
Federal grantor agency to avoid or mitigate adverse effects upon such properties.
12. The State will comply with "Minority Business Enterprises" and "Women's Business Enterprises" pursuant to
Executive Orders 11625 and 12138 as follows:
(1) Place minority and women business firms on bidder's mailing lists.
(2) Solicit these firms whenever they are potential sources of supplies, equipment, construction, or services.
(3)
Where feasible, divide total requirements into smaller needs, and set delivery schedules that will encourage
participation by these firms.
(4) The Department of the Interior is committed to the objectives of this policy and encourages all recipients of
its grants and cooperative agreements to take affirmative steps to ensure such fairness.
The National Park Service Regional Offices will work closely with the States to ensure full compliance and that
grant recipients take affirmative action in placing a fair share of purchases with minority business firms.
13. The State will comply with the intergovernmental review requirements of Executive Order 12372.
D. Construction Contracted for by the State Shall Meet the Following Requirements:
1. Contracts for construction shall comply with the provisions of 43 CFR Part 12 (Administrative and Audit
Requirements and Cost Principles for Assistance Programs, Department of the Interior).
2. No grant or contract may be awarded by any grantee, subgrantee or contractor of any grantee or subgrantee to any
party which has been debarred or suspended under Executive Order 12549. By signing the LWCF agreement, the
State certifies that it will comply with debarment and suspension provisions appearing at Part III-J herein.
E. Retention and Custodial Requirements for Records
I. Financial records, supporting documents, statistical records, and all other records pertinent to this grant shall be
retained in accordance with 43 CFR Part 12 for a period of three years; except the records shall be retained beyond
the three-year period if audit findings have not been resolved.
Page 4 of 8
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the undersigned shall complete and submit Standard Fonn-LLL, "Disclosure Form to Report Lobbying" in accordance
with its instructions.
(3) 77re undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contacts under grants, loans, and cooperative
agreements) and that all subrecipients shall certif • accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by
Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty
of not less than $10,000 and not more than S100,000 for each such failure.
H. Provision of a Drug -Free Workplace
In compliance with the Drug -Free Workplace Act of 1988 (43 CFR Part 12. Subpart D), the State certifies, as follows:
77re grantee certifies that it will or continue to provide a drag -free workplace by:
(a) Publishing a statement notif ing employees that the unlawfrd manrrfactrrre, distribution, dispensing, possession. or
use of a controlled substance is prohibited in the grantee's workplace and specifi'ing the actions that will be taken
against employees for violation ofsuch prohibition;
(b) Establishing an ongoing drug -fine awareness program to inform employees about:
(1) The dangers of drug abuse in the workplace:
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation. and employee assistance programs: and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of a grant be given a copy of the
statement required by paragraph (a):
(d) Notif ring the employee in the statement required by paragraph (a) that, as a condition of employment under the
grant, the employee will:
(1) Abide by the terms of the statement; and
(2) Noti f • the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the
workplace no later than fire calendar days after such conviction;
(e) Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 0)(2) from an
employee or• otherwise receiving actual notice of such conviction. Employers of convicted employees must provide
notice, including position title, to every grant officer on whose grant activity the convicted employee was working,
unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the
identification number(s) of each affected grant:
(f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with
respect to any employee who is so convicted;
(1) Taking appropriate personnel action against such an employee, up to and including termination, consistent
with the requirements of the Rehabilitation Act of 1973, as amended: or
(2) Requiring such employee to participate satisfactorily in a drag abuse assistance or rehabilitation program
approved for such proposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs
(a). (b). (c), (d). (e) and (f).
Page 6 of 8
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(d) Have not within a three-year period preceding this application/proposal had one or more public transactions
(Federal, State or local) tenninated for cause or default.
(2) Where the prospective primary' participant is unable to certifi. to any of the statements in this certification, such
prospective participant shall attach an explanation to this proposal.
The State further agrees that it will include the clause "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion - Lower Tier Covered Transactions" appearing below in any agreement entered into with lower tier
participants in the implementation of this grant. Department of Interior Form 1954 (DI-1954) may be used for this
purpose.
Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion - Lower Tier Covered
Transactions
(1) The prospective loner tier participant certifies, by submission of this application that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation
in this transaction by any Federal department or agency.
(2) mere the prospective loner tier participant is unable to certili, to any of the statements in this certification, such
prospective participant shall attach an explanation to this application.
Page 8 of 8
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