The URL can be used to link to this page

Home My Public Portal AboutMinutes_CCMeeting_05212013et) CITY COUNCIL MEETING MAY 21, 2013 — 7:00 P.M. IONA COMMUNITY CENTER PRESENT: Mayor Brad Andersen, Council President Bruce Case, Council Member Dan Gubler, Council Member Rob Geray, Council Member Robyn Keyes, Public Works Director Zech Prouse, Police Chief Shannon Basaraba, City Clerk Julie Hammond, Treasurer Amy Sullivan. ABSENT: None. VISITORS: Glen Pond, Terry McNamara, Sunnie McNamara, Susie Ransom, Jolyn Louk, Sally G. Louk. Mayor Andersen welcomed everyone and asked them to sign in. Council President Case led with the Pledge of Allegiance. Nomination & Approval of City Council Member: Mayor Andersen explained that Council Member Price had taken a position in Knoxville, Tennessee and Council needed to appoint a new Council Member. After discussion, Council Member Geray moved to accept the nomination of Robyn Keyes to replace the vacated Council Seat. Council President Case seconded the motion. Nomination of Robyn Keyes approved by roll call vote: Bruce Case: Yes Rob Geray: Yes Dan Gubler: Yes Oath of Appointment: Robyn Keyes took the Oath of Appointment and was sworn in as Council Member by Mayor Andersen. Consent Agenda: Work and Council Minutes from April 16, 2013 were approved. Last month's check register was passed around and signed. Mayor Andersen noted the payment of $56.20 to 6-12 E-Z Mart wasn't just for ice. Rocky Mountain Power Check #1107 for $2,944 was confirmed to pay for all wells and street lights not just Well #3. The financial report is at 58%. The basketball league was new this year and was not in the budget. Mayor Andersen entertained a motion from the Council. Council Member Gubler motioned to approve the Consent Agenda. Council President Case seconded the motion. All were in favor, motion carried. Bonneville Joint School District (BJSD) #93 Public Hearing: Mayor Andersen explained the Public Hearing Process to everyone. He explained that School District #93 was applying for a conditional use permit to allow placement of a modular classroom at Iona Elementary "Exhibit A." At this time Member Keyes recused herself from the hearing process. Roger Hill, Director of Plant Facilities for District #93 took the floor. He stated that District #93 was requesting a two classroom modular unit be placed behind Iona Elementary. This would alleviate overcrowding at the school. The dry unit would have power, intercom and fire systems. Mr. Hill indicated that the modular is more cost effective than adding on to the existing school. 1 Mayor Andersen opened the public portion of the hearing. He stated that the letter from Lori Nelson and remarks from Jolyn Louk at the Planning & Zoning Meeting were noted. Mayor Andersen asked for anyone opposed; none, anyone neutral; none, anyone for; none. The public portion of the hearing was closed. Council President Case asked how BJSD #93 planned to alleviate overcrowding. Mr. Hill stated that the school district would try to pass a bond this fall to build another elementary in the Warm Springs Subdivision. Council President Case asked how many units would be placed and for how long. Mr. Hi11 stated there would be one modular unit with two classrooms that would stay for three years. Council President Case inquired about the estimated growth for Iona. Mr. Hill stated that the District sees anywhere from 400 to 500 new students a year. It has currently dropped to around 300. Council Member Gubler stated that there was a 200 home subdivision started in Iona's impact area. Council Member Gubler asked if BJSD #93 could provide us with at security plan and if the modular could be fenced in. Mayor Andersen asked that he speak with Guy Blissner of BJSD #93 on fencing and cameras. Council Member Geray motioned to approve BJSD #93's Conditional Use Permit (CUP) for one modular unit on an annual review. Council President Case seconded the motion. BJSD #93 CUP approved by roll call vote: Bruce Case: Yes Rob Geray: Yes Dan Gubler: Yes Council Member Geray excused at 7:35 p.m. Rocky Mountain Power Franchise Renewal Public Hearing: Mayor Andersen had already explained the public hearing process so he gave the floor to Glen Pond. Mr. Pond, Regional Community Manager for Rocky Mountain Power (RMP) stated the franchise renewal allows use of the City's Public Ways to run its electrical distribution and transmission lines and related appurtenances. The franchise has a term of fifteen years. The public portion of the hearing was opened. There was no discussion. The public portion of the hearing was closed. Council President Case asked if there was anything RMP needed to build in the area. Mr. Pond indicated there was not. Council Member Keyes asked if compensation was still 3%. Mr. Pond replied that it was. Council Member Gubler motioned to agree with the RMP Franchise Renewal. Council Member Keyes seconded the motion. RMP Franchise Renewal approved by roll call vote: Bruce Case: Yes Robyn Keyes: Yes Dan Gubler: Yes The RMP Franchise Ordinance will be published in the Post Register prior to the final reading and approval at next month's Council Meeting (June 25, 2013). The full ordinance is on file at the City Office. "Exhibit B." 2 Recognition of Allen Eldridge: Mayor Andersen recognized Inspector Eldridge for receiving his Drinking Water Distribution License. Approval of Mayor's Youth Advisory Council (MYAC) Association of Idaho Cities (AIC) Leadership Training: In the past Council has sponsored a student to attend the AIC Conference, this year four students would like to attend. MYAC has planned a Dinner Auction on June 6th to raise money for the conference. Council was asked to approve funding, for the difference in the money raised and the cost to attend ($280 per student), for two to four students. Council Member Keyes motioned to approve to pay the difference for up to four students to attend the AIC Conference. Council Member Gubler seconded the motion. All in favor, motion carried. Extension of Denning Avenue: It was the consensus of Council to put down road base and infrastructure in the fall. Mayor Andersen entertained a motion. Council President Case motioned to approve the extension of Denning Ave with road base and infrastructure. Council Member Keyes seconded the motion. All in favor, motion carried. Fee Approval on Shelters: It was discussed to raise the fee of $20 per day for a shelter to $30 for four hours, $40 for eight hours, and $60 for twelve hours. Council Member Keyes motioned to approve the increase in shelter rental fees. Council Member Gubler seconded the motion. All in favor, motion carried. Mayor Andersen asked Clerk Hammond or Treasurer Sullivan to draft a fee increase resolution for shelter rentals. Iona Days: Mayor Andersen asked everyone to find go getters in our area to volunteer for Iona Days. He stated they could have old time games, tournaments, and vendors. Council Member Keyes asked if vendors could raise money for an organization or themselves. Mayor Andersen indicated either was fine and vendor permit fees would be waived for July 26th — 27th, 2013. Mayor Andersen stated that it would be advertised in the newsletter. Council Member Keyes asked if Bonneville Art Association could display their art. Mayor Andersen indicated that would be great. The cost of the fun run shirts will come out of the registration fees. The City will deposit fun run registration fees and pay expenses related to the fun run and any revenue will be given to Kaelyne Schwieder on behalf of Mason and his family. Kaelyne Schwieder can set up a pay pal account for donations (Racin' for Mason), but the City will not be involved. Discussion of Inoperative, Unauthorized & Unregistered Vehicles and Materials: Mayor Andersen asked everyone to review the City of Blackfoot's code section on inoperative, unauthorized and unregistered vehicles and materials for discussion next month. Reports: Council Member Keyes thanked everyone for approving her for Council. Council Member Gubler stated the Fire District would be meeting with Ida Hardcastle and Ken Taylor of the City of Idaho Falls. Council President Case had no report. Mayor Andersen thanked Council for serving the community. He also thanked the Public for attending. Meeting adjourned 8:50 p.m. 3 City of lona Finance Worksheet - Banks Page: 1 Period: 04/13 May 06, 2013 03:28PM Report Criteria: Print Source Titles Total by Source Print Department Titles Total by Department All Segments Tested for Total Breaks [Reportl.Account Number ="011050","101175',"101221","101231","101241","511200","511210","511222","511232","511252" Prior month 2 Prior month 2012-13 Current year Account Number Account Title Actual 01-1050 CHECKING - COMMERCE BANK 48,152.05 44,709.12 85,260.55 10-1175 INVESTMENTS -COMMERCE -GENERA 156,313.55 131,323.40 131,332.03 10-1221 ZIONS - GENERAL CD 57,739.00 57,755.89 57,776.94 10-1231 KEY BANK GENERAL - CD 157,715.18 157,741.97 157,759.69 10-1241 WELLS FARGO--GENERAL 50,019.22 50,020.49 50,021.73 51-1200 INVESTMENTS -COMMERCE WATER 107,338.01 87,344.43 87,350.17 51-1210 WELLS FARGO-WATER SVGS 51,936.89 51,938.22 51,939.50 51-1222 ZION - WATER SVGS- CD 43,557.49 43,570.23 43,586.11 51-1232 KEY BANK WATER - CD 52,571.72 52,580.65 52,580.65 51-1252 ZIONS BANK --WATER SAVINGS 150,480.47 150,524.49 150,579.36 Net Grand Totals: 875,823.58 827,508.89 868,186.73 City of lona Check Register - lona Page: 1 Check Issue Dates: 4/1/2013 - 4/30/2013 May 14, 2013 02:16PM Report Criteria: Report type: Summary GL Period Check Issue Date Check Number Payee Description GL Account Amount 04/13 04/01/2013 11000 04/13 04/01/2013 11011 04/13 04/02/2013 11012 04/13 04/02/2013 11013 04/13 04/02/2013 11014 04/13 04/02/2013 11015 04/13 04/02/2013 11016 04/13 04/02/2013 11017 04/13 04/02/2013 11018 04/13 04/02/2013 11019 04/13 04/02/2013 11020 04/13 04/02/2013 11021 04/13 04/03/2013 11022 04/13 04/11/2013 11023 04/13 04/11/2013 11024 04/13 04/11/2013 11025 04/13 04/11/2013 11026 04/13 04/11/2013 11027 04/13 04/11/2013 11028 04/13 04/11/2013 11029 04/13 04/11/2013 11030 04/13 04/11/2013 11031 04/13 04/11/2013 11032 eN04/13 04/11/2013 11033 04/13 04/11/2013 11034 04/13 04/11/2013 11035 04/13 04/11/2013 11036 04/13 04/11/2013 11037 04/13 04/15/2013 11038 04/13 04/15/2013 11039 04/13 04/15/2013 11040 04/13 04/23/2013 11056 04/13 04/23/2013 11057 04/13 04/23/2013 11058 04/13 04/23/2013 11059 04/13 04/23/2013 11060 04/13 04/23/2013 11061 04/13 04/23/2013 11062 04/13 04/23/2013 04/13 04/23/2013 04/13 04/23/2013 04/13 04/23/2013 04/13 04/23/2013 04/13 04/23/2013 04/13 04/23/2013 04/13 04/23/2013 04/13 04/23/2013 04/13 04/23/2013 04/13 04/23/2013 04/13 04/29/2013 04/13 04/29/2013 04/13 04/29/2013 JENA MOORE GREG MCBRIDE USPS BMC C-A-L-RANCH STORES ICRMP KIRKHAM AUTO PARTS TETON COMMUNICATIONS, INC. TRAVIS PATTERSON UNITED MAILING DIRECT WESTERN FENCE INC. WEX BANK BONNEVILLE COUNTY GIS 6-12 E-Z MART BATTLESONS FLOORCOVERINGS C & B OPERATIONS, LLC. CASELLE, INC. CITY OF IDAHO FALLS TREASURER OFFICE ENERGY MANAGEMENT CORPORATION FRED & WAYNES TIRES & SERVICE IDAHO TRAFFIC SAFETY, INC. INTERMOUNTAIN GAS CO. LANDON EXCACATING, INC. PSI ENVIRONMENTAL RMT ROWEN SWEEPING UTILITY SERVICES ASSOCIATES VERIZON WIRELESS JENA MOORE GREG MCBRIDE JANE SHAW 658-FREMONT COMMUNICATIONS ALL AMERICAN SPORTS BONNEVILLE COUNTY SHERIFF FIRE SERVICES OF IDAHO, INC. HOLDEN KIDWELL HAHN & CRAPO P.L.L.C. HOME DEPOT CREDIT SERVICES MICROSERV 11063 NELSON ELECTRIC, LLC 11064 PORTERS OFFICE PRODUCTS 11065 POST REGISTER 11066 PRO RENTALS & SALES, INC 11067 ROCKY MTN. POWER 11068 SCHIESS & ASSOCIATES 11069 STATE INSURANCE FUND 11070 TETON MICROBIOLOGY LAB 11071 UNITED MAILING DIRECT 11072 WATER DISTRICT 120 11073 WEX BANK 11075 GREG MCBRIDE 11076 JANE SHAW 11077 JENA MOORE Cleo 17 iv Mechanical Inspections MAILING WATER STATEMENTS Shop supplies Tarp 2nd Liability Ins. pmt. Deluxe Inflator Well #3 Scata Update Painting Tennis Courts Preparing Water statements Well #3 Generator Project Police -Fuel 2 Aerial maps Ice -Easter Carpet & pad in foyer and hardwo LAWN MOWER PARTS CONTRACT SUPPORT FOR MA ANIMAL SHELTER QRTLY PART Service Well #1 Generator Dump Truck -Flat Repair Signs: (2)Stop for Pedestrians in Natural gas -heating 2 Loads screened topsoil Garbage pick up Lawn mower service parts Street Sweeping Water line survey Cell phones Cleaning Mechanical lnspections Electrical inspections TELEPHONE Softball Pitching Machine w/ cart Law Enforcement Qtrly pmt., Anim Secure wall mount for extiinguishe City Attorney Retainer fees Parks/Shop stock Internet Final Well #3 Generator Project Offce chair Treasurer's Qtr. Report Well #3 Generator Project -Fence - Well #3 Final Well #3 Generator Project Installment Premium Water tests Building Dept. Inspection sheets 2013 Annual Water Assessment Police -Fuel Mechanical Inspections Electrical inspections Cleaning 104710 104720 514150 104710 104710 104170 104710 514710 104710 514150 514710 104690 104150 104790 104820 104710 514150 104710 514710 104710 104710 104175 104710 104710 104710 104710 514710 104690 104710 104720 104720 514150 104960 104680 104710 104160 104710 104150 515010 104150 104155 515010 514175 514180 104170 514710 104720 514710 104690 104720 104720 104710 268.00 290.50 299.92 30.32 132.56 3,340.50 69.97 620.00 400.00 213.23 1,282.00 632.45 36.72 56.20 1,334.10 44.34 248.00 876.25 1,724.06 91.00 800.00 668.67 278.96 63.50 117.22 4,810.00 1,687.00 159.98 268.00 901.50 210.00 282.22 1,350.00 6,870.11 39.00 800.00 1,891.23 102.90 3,310.87 138.71 64.85 42.84 2,944.00 1,810.00 5,264.00 40.00 177.00 351.46 552.53 563.50 330.00 268.00 M = Manual Check, V = Void Check .4 DEBIT CARD PURCHASES Dates: 4/01 thru 4/30/2013 Account Total Shannon Basaraba: Galls Bike Accessories 10-46-90 590.85 Galls Police Bike 10-46-90 1048.67 Julie Hammond: Staples MYAC Application copies 10-47-90 14.00 Training Grammar Class 10-41-65 24.46 Wal-mart Misc. for Council mtg. 10-47-90 10.00 USPS Cert. Mailings -Bon. School Dist. 10-41-50 320.40 TOTAL 2008.38 " City of Iona Check Register - Iona Page: 2 Check Issue Dates: 4/1/2013 - 4/30/2013 May 14, 2013 02:16PM GL Period Check Issue Date Check Number Payee Description GL Account Amount Grand Totals: 49,148.17 Summary by General Ledger Account Number GL Account Debit Credit Proof 10-2010 .00 35,187.37- 35,187.37- Gen C is/ 10-41-50 278.33 .00 278.33 10-41-55 64.85 .00 64.85 10-41-60 800.00 .00 800.00 10-41-70 8,604.50 .00 8,604.50 10-41-75 1,614.92 .00 1,614.92 10-46-80 6,870.11 .00 6,870.11 10-46-90 730.61 .00 730.61 10-47-10 11,107.10 .00 11,107.10 10-47-20 2,367.50 .00 2,367.50 10-47-90 11.80 .00 11.80 10-48-20 1,334.10 .00 1,334.10 10-49-50 53.55 .00 53.55 10-49-60 1,350.00 .00 1,350.00 51-2010 .00 13,960.80- 13,960.80-wter 51-41-50 1,094.82 .00 1,094.82 51-41-75 1,997.75 .00 1,997.75 51-41-80 1,810.00 .00 1,810.00 51-47-10 5,704.52 .00 5,704.52 51-50-10 3,353.71 .00 3,353.71 Grand Totals: 49,148.17 49,148.17- .00 City of Iona Check Register - Iona Page: 3 Check Issue Dates: 4/1/2013 - 4/30/2013 May 14, 2013 02:16PM Dated: Mayor: '/l1CZG�� ;?/X246- L City Council: ��iERAY g/telde- TAX REVENUE 10-31-10 PROPERTY TAX REVENUE TOTAL TAX REVENUE LICENSES & PERMITS 10-32-20 BEER & DOG LICENSES TOTAL LICENSES & PERMITS INTERGOVERNMENTAL REVENUE CITY OF IONA REVENUES WITH COMPARISON TO BUDGET FOR THE 7 MONTHS ENDING APRIL 30, 2013 GENERAL FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT 1,246.58 132,545.72 226,000.00 93,454.28 58.7 1,246.58 132,545.72 226,000.00 93,454.28 58.7 22.00 187.00 400.00 213.00 46.8 22.00 187.00 400.00 213.00 46.8 10-33-10 STATE LIQUOR TAX 12,849.00 38,547.00 47,000.00 8,453.00 82.0 10-33-20 STATE REVENUE SHARING 18,691.01 58,027.11 57,000.00 ( 1,027.11) 101.8 10-33-30 STATE HIGHWAY USERS 15,899.47 46,528.48 53,000.00 6,471.52 87.8 10-33-40 POLICE REVENUE 1,010.60 4,914.75 14,000.00 9,085.25 35.1 10-33-80 GRANTS .00 .00 3,000.00 3,000.00 .0 TOTAL INTERGOVERNMENTAL REVENUE CHARGES FOR SERVICE 48,450.08 148,017.34 174,000.00 25,982.66 85.1 10-34-10 BUILDING INSPECTION FEES 7,494.00 35,023.70 16,000.00 ( 19,023.70) 218.9 10-34-20 CABLE TV FRANCHISE .00 4,749.98 6,000.00 1,250.02 79.2 10-34-30 NATURAL GAS FRANCHISE 5,009.08 7,908.82 12,000.00 4,091.18 65.9 10-34-40 POWER FRANCHISE 6,380.98 17,271.52 22,000.00 4,728.48 78.5 TOTAL CHARGES FOR SERVICE OTHER REVENUE 18,884.06 64,954.02 56,000.00 ( 8,954.02) 116.0 10-36-10 INTEREST 48.64 384.26 200.00 ( 184.26) 192.1 10-36-50 BUILDING RENT 246.00 6,939.00 7,400.00 461.00 93.8 10-36-90 MISCELLANEOUS REVENUE 643.60 3,247.45 4,000.00 752.55 81.2 TOTAL OTHER REVENUE 938.24 10,570.71 11,600.00 1,029.29 91.1 RECREATION REVENUE 10-37-50 RECREATION FEES 27,141.00 40,016.00 25,000.00 ( 15,016.00) 160.1 10-37-60 SHELTER RENTAL 60.00 240.00 250.00 10.00 96.0 TOTAL RECREATION REVENUE 27,201.00 40,256.00 25,250.00 ( 15,006.00) 159.4 FOR ADMINISTRATION USE ONLY 58 % OF THE FISCAL YEAR HAS ELAPSED 05/06/2013 03:49PM PAGE: 1 CITY OF IONA REVENUES WITH COMPARISON TO BUDGET FOR THE 7 MONTHS ENDING APRIL 30, 2013 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 RESERVES .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 80,000.00 80,000.00 .0 TOTAL RESERVES .00 .00 80,000.00 80,000.00 .0 TOTAL FUND REVENUE 96,741.96 396,530.79 618,250.00 221,719.21 64.1 FOR ADMINISTRATION USE ONLY 58 % OF THE FISCAL YEAR HAS ELAPSED 05/06/2013 03:49PM PAGE: 2 ADMINISTRATION 10-41-10 PAYROLL 10-41-20 PAYROLL TAXES 10-41-30 RETIREMENT 10-41-40 HEALTH INSURANCE 10-41-50 OFFICE SUPPLIES 10-41-55 PUBLISHING 10-41-60 LEGAL 8 AUDIT FEES 10-41-65 TRAVEL 10-41-70 INSURANCE LIABILITY 10-41-75 ELECTRICITY - NATURAL GAS TOTAL ADMINISTRATION POLICE DEPARTMENT CITY OF IONA EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 7 MONTHS ENDING APRIL 30, 2013 GENERAL FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 4,954.04 61,891.20 79,000.00 568.98 7,737.27 16,000.00 605.74 7,286.51 20,500.00 1,445.98 16,723.82 50,000.00 693.17 4,814.92 8,000.00 64.85 534.20 2,000.00 800.00 9,850.00 16,000.00 24.46 1,456.79 5,000.00 8,604.50 11, 945.00 12,000.00 1,614.92 12,356.67 21,000.00 17,108.80 78.3 8,262.73 48.4 13,213.49 35.5 33,276.18 33.5 3,185.08 60.2 1,465.80 26.7 6,150.00 61.6 3,543.21 29.1 55.00 99.5 8,643.33 58.8 19,376.64 134,596.38 229,500.00 94,903.62 58.7 10-46-10 POLICE -PAYROLL 4,779.50 34,591.32 55,500.00 20,908.68 62.3 10-46-20 PAYROLL TAXES 521.92 3,681.67 6,000.00 2,318.33 61.4 10-46-30 POLICE -RETIREMENT 562.84 4,143.49 7,500.00 3,356.51 55.3 10-46-40 POLICE -HEALTH INSURANCE 1,287.46 10,105.43 15,000.00 4,894.57 67.4 10-46-70 POLICE -TRAINING .00 2,091.06 3,000.00 908.94 69.7 10-46-80 POLICE-COUNTY/DISPATCH 6,870.11 18,381.72 26,030.00 7,648.28 70.6 10-46-90 POLICE -GENERAL 2,370.13 4,747.10 18,000.00 13,252.90 26.4 TOTAL POLICE DEPARTMENT 16,391.96 77,741.79 131,030.00 53,288.21 59.3 MISCELLANEOUS DEPT 10-47-10 MAINTENANCE 11,107.10 31,699.47 58,000.00 26,300.53 54.7 10-47-20 BUILDING INSPECTIONS 2,367.50 9,145.79 4,000.00 ( 5,145.79) 228.6 10-47-30 EQUIPMENT EXPENSE .00 288.88 35,000.00 34,711.12 .8 10-47-50 CIVIL DEFENSE .00 995.00 970.00 ( 25.00) 102.6 10-47-90 MISCELLANEOUS EXPENSE 35.80 4,854.88 8,000.00 3,145.12 60.7 TOTAL MISCELLANEOUS DEPT 13,510.40 46,984.02 105,970.00 58,985.98 44.3 CAPITAL OUTLAY 10-48-10 LIBRARY .00 98.50 2,000.00 1,901.50 4.9 10-48-20 CAPITAL IMPROVEMENTS 1,334.10 5,600.76 69,500.00 63,899.24 8.1 10-48-50 LAND ACQUISITION .00 .00 10,000.00 10,000.00 .0 TOTAL CAPITAL OUTLAY 1,334.10 5,699.26 81,500.00 75,800.74 7.0 FOR ADMINISTRATION USE ONLY 58 % OF THE FISCAL YEAR HAS ELAPSED 05/06/2013 03:49PM PAGE: 3 CITY OF IONA EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 7 MONTHS ENDING APRIL 30, 2013 GENERAL FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT RECREATION EXPENDITURES 10-49-10 RECREATION LABOR 574.75 8,157.03 9,800.00 1,642.97 83.2 10-49-20 PAYROLL TAXES 66.91 912.53 1,200.00 287.47 76.0 1049-50 RECREATION SUPPLIES 53.55 3,512.40 8,000.00 4,487.60 43.9 10-49-60 RECREATION EQUIPMENT 1,350.00 1,833.44 3,250.00 1,416.56 56.4 10-49-70 RECREATION MAINTENANCE .00 .00 3,000.00 3,000.00 .0 TOTAL RECREATION EXPENDITURES 2,045.21 14,415.40 25,250.00 10,834.60 57.1 EQUIPMENT REPLACEMENT 10-50-10 EQUIPMENT REPLACEMENT .00 .00 45,000.00 45,000.00 .0 TOTAL EQUIPMENT REPLACEMENT .00 .00 45,000.00 45,000.00 .0 TOTAL FUND EXPENDITURES 52,658.31 279,436.85 618,250.00 338,813.15 45.2 NET REVENUE OVER EXPENDITURES 44,083.65 117,093.94 .00 ( 117,093.94) .0 FOR ADMINISTRATION USE ONLY 58 % OF THE FISCAL YEAR HAS ELAPSED 05/06/2013 03:49PM PAGE: 4 OPERATING REVENUE 51-31-10 COLLECTIONS 51-31-30 HOOK UP FEES TOTAL OPERATING REVENUE INTERGOVERNMENTAL REVENUE CITY OF IONA REVENUES WITH COMPARISON TO BUDGET FOR THE 7 MONTHS ENDING APRIL 30, 2013 WATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 16,175.77 121, 398.24 190, 000.00 12,000.00 54,000.00 33,000.00 ( 68,601.76 63.9 21,000.00) 163.6 28,175.77 175,398.24 223,000.00 47,601.76 78.7 51-33-80 GRANTS .00 .00 2,700.00 2,700.00 .0 TOTAL INTERGOVERNMENTAL REVENUE .00 .00 2,700.00 2,700.00 .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 77.77 573.14 300.00 ( 273.14) 191.1 51-36-20 MISC REVENUE 46.45 46.45 .00 ( 46.45) .0 TOTAL MISCELANEOUS REVENUE EQUIPMENT REPLACEMENT 124.22 619.59 300.00 ( 319.59) 206.5 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 28,299.99 176,017.83 371,000.00 194,982.17 47.4 FOR ADMINISTRATION USE ONLY 58 % OF THE FISCAL YEAR HAS ELAPSED 05/06/2013 03:49PM PAGE: 5 ADMINISTRATION 51-41-10 PAYROLL 51-41-20 PAYROLL TAXES 51-41-30 RETIREMENT 51-41-40 HEALTH INSURANCE 51-41-50 OFFICE, SUPPLIES, LEGAL 51-41-75 ELECTRICITY 51-41-80 ENGINEERING COSTS TOTAL ADMINISTRATION MISCELLANEOUS CITY OF IONA EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 7 MONTHS ENDING APRIL 30, 2013 WATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 5,760.94 682.51 693.05 2,117.76 1,094.82 1,997.75 1,810.00 32,229.44 3,545.28 3,868.59 10,187.66 5,905.44 15,660.31 9,050.00 42,800.00 10,570.56 75.3 7,500.00 3,954.72 47.3 9,600.00 5,731.41 40.3 23,100.00 12,912.34 44.1 8,000.00 2,094.56 73.8 30,000.00 14,339.69 52.2 8,000.00 ( 1,050.00) 113.1 14,156.83 80,446.72 129,000.00 48,553.28 62.4 51-47-10 MAINTENANCE & REPAIRS 5,704.52 27,409.97 50,000.00 22,590.03 54.8 51-47-30 EQUIPMENT EXPENSE 00 .00 3,000.00 3,000.00 .0 51-47-35 EQUIPMENT RENT .00 .00 4,000.00 4,000.00 .0 TOTAL MISCELLANEOUS 5,704.52 27,409.97 57,000.00 29,590.03 48.1 CAPITAL IMPROVEMENTS 51-48-20 CAPITAL IMPROVEMENTS .00 10,748.10 70,000.00 59,251.90 15.4 51-48-50 SYSTEM UPGRADE .00 .00 70,000.00 70,000.00 .0 TOTAL CAPITAL IMPROVEMENTS .00 10,748.10 140,000.00 129,251.90 7.7 EQUIPMENT REPLACEMENT 51-50-10 EQUIPMENT REPLACEMENT 3,353.71 43,353.71 45,000.00 1,646.29 96.3 TOTAL EQUIPMENT REPLACEMENT 3,353.71 43,353.71 45,000.00 1,646.29 96.3 TOTAL FUND EXPENDITURES 23,215.06 161,958.50 371,000.00 209,041.50 43.7 NET REVENUE OVER EXPENDITURES 5,084.93 14,059.33 .00 ( 14,059.33) .0 FOR ADMINISTRATION USE ONLY 58 % OF THE FISCAL YEAR HAS ELAPSED 05/06/2013 03:49PM PAGE: 6 4 D D b b b b '0 r�ax-77.��rr�evr7,, JoSew tikW 1 • £IOZ 4pio'1.1110 jo .teat aqj u! jo /inp otz s!q; paxwe ojaiaq aq leas ajeJodioa sj! pun q.j!D pies jo Iwo pun JoifeyU aqj /Cq pautts aq ajnampaa stq; pasnea seq pauno7 SID aq; `L4032I3HM ssatsLum III •uotlaa!a Sk!a iniauat jxau aqj Hon anaas iiegs pun euoi JO SID aqj .toj 'aagtuaut pauno,) 3o aawo ato oa palu!oddu Xinp seAt saAam tiAgo21 /eN jo pep a,IZ aqj uo'ogepi Jo NBIS 6 aiirnauuoil 30 Cuoi Jo Spa aq) u! piaq ;iu!jaatu Jeinta.t 6x111,21`JI.) 01 SI SIill Otlepl jo `t-lYl euoi 4 4 'RD XG!J •EIOZ ` kew jo Xep _mum muioddd ao p136)H jo atnle,�+ Lt- r� !S. ,SIZ siup. ow wojaq of !lawns pue pagpasgns Top `ow dlpq os aauenuguoa Xuu'Bump `Nem `klunop allinauuog 4/1.iD euol ui Jagwow pounop jo aatijo sognp alp unopod XIlnjtplej `XT!lige jo Tsaq auk 01 ipm I TNT pue euol jo saaueulimo pue snnel pue `ogepl jo aims pine soTels pailun aqi . om) palu!oddv ao palaal A jo auiuNt jo uognIpsuop poddns Illnn (w.ujje Jo) JL'anns Xluwalos op saXax ukgox Ss{ two matuo allinauuog jo Xlunoa `OHM A I VIS CITY OF IONA PUBLIC HEARING NOTICE The City of Iona's Planning & Zoning Commission has scheduled a public hearing on the evening of May 8, 2013 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 a Conditional Use Permit for Bonneville School District #93 to allow a modular classroom at Iona Elementary. A second public hearing is scheduled for the evening of May 21, 2013 at 7:15 pm at the Community Center with the City Council for final review. Written comments will be accepted up to seven days prior to the hearing. The public is invited to attend and public comment is encouraged. Any person needing special accommodations to participate in the above noticed meeting should contact the City Office the day before the meeting at 523-5600 Mail: April 22, 2013 Publish: April 23, 2013 City of Iona Conditional Use Permit Application Property Owner 8atv1/4evi 1 lz 5,A1e-a .17. Phone Number 5 7 - [v / C Property Address 5 S38 G rks aJe . Mailing Address 7 hf, �d - c�to�li� �b ¢csye( In the space below or in an attached narrative, describe the proposed use. Include information regarding present use of property, activities to be included, building and structures to be used, adjacent land use, equipment to be operated, hours of operation, outside storage, number of employees, facilities to accommodate the public, and other information required by the Planning and Zoning Commission and City Council. � ��ly�nty 5 I hereby certify that the above application and all attachments are true, correct, and complete to the best of my knowledge and belief. Signed �%/J Date y16-- Please include an}F fequired plans or sketches. LEAVE BLANK -FOR CITY USE ONLY Date Filed: Fee Paid: CK# Signed: City Clerk "Exhibit A" 2 NEVILLE JOINT SCHOOL DISTRICT N0. 93 "Lrarning Together Achieving Excellence" 3497 North Ammon Road, Idaho Falls, Idaho, 83401 (208) 525-4400 Fax (208) 529-0104 www.d93schools.org Dr. Charles J. Shackett, Superintendent Marjean McConnell, Deputy Superintendent April 15, 2013 To Whom It May Concern: The following is a narrative explaining the need for one (1) modular unit at Iona starting in the fall of 2013. The school district would like to set a 28' x 66' double classroom modular unit at Iona Elementary School this summer. This would give the school two additional classrooms for increased enrollment. This unit is currently located at Cloverdale Elementary School. This unit is one of our newer models built in 2007. This unit currently meets all local building codes and all ADA requirements. This unit is dry with no plumbing attached. The only utilities tied to this unit would be electricity for lighting and HVAC. The modular would be set on the east side of the school as shown on the attached drawing. Summary The school district is currently in the process of building one new elementary school on Iona Road across from Bonneville High School in the Crow Creek Subdivision. This will help alleviate some of the overcrowding in the schools in the surrounding area. The district continues to grow at a rate of 300+ students each year. The Board of Trustees is in the process of gathering information for secondary school options. Eventually a new high school, middle school and additional elementary schools will need to be built to handle the increased enrollment. Sincerely, Roger E` Mill Director of Plant Facilities/Purchasing Bonneville Joint School District No.93 Board of Trustees Craig Lords Annette Winchester Wendy Norman Kip Nelson DeVere Hunt I I yb. as' x (pe MODULAR CLASSROOMS I row e1_elAimk*-ARif • AA5 TM/t Pu N ... Fnr. _ : . IONA ELE/AENTARY 5CN( MIRO rir�vex k Msoou res mogrq - r+rs May 1, 2013 City of Iona To Whom it May Concern: I am writing in regards to the modular classroom being placed at Iona Elementary. I realize the schools are overcrowded but I hate to see our school be overwhelmed with students that don't even live in the Iona area just because we have accommodated the school district by approving modular classrooms. I live directly across from the school and placing modular classrooms next to the school is not only an eye sore, but I also wonder what it does to our property values. However, with that said if our children needed the extra room we have dealt with the modular classrooms in the past. But from experience in the past and as a concerned parent the last time they placed the modular classrooms at Iona they then started bussing children that passed three other schools to come to Iona because we had extra room. Those children were bussed from the trailer court that sets on corner of Ammon/Lincoln Road and First Street. Therefore, they passed Bridgewater, Discovery and Cloverdale before coming to Iona. I am sure I am not the only parent that experienced our school being completely overwhelmed then and what will stop the school district from doing it again. I truly felt when this happened before our children suffered because of the overcrowding issue. If this needs to be done because the children living within our boundaries are over -crowded it is one thing, but to assist the school district in bussing children that live nowhere near Iona to attend Iona Elementary I really feel is not fair to { LTR;1 } j r May 1, 2013 Page 2 our town or the people that live around the school that have to look out their windows and see a modular classroom which is an eye sore setting across the street which potentially effects their property value. Sincerely, Lori Nelson n CITY OF IONA PUBLIC HEARING NOTICE The City of Iona's Council has scheduled a Public Hearing on the evening of May 21, 2013 at 7:30 pm at the Iona Community Center, which is located at 3548 North Main Street, Iona, Idaho. The purpose of the hearing is to consider renewal of the Rocky Mountain Power Franchise Ordinance. Written comments will be accepted up to seven days prior to the hearing. The public is invited to attend and public comment is encouraged. Any person needing special accommodations to participate in the above noticed meeting should contact the City Office the day before the meeting at 523-5600 Publish: May 3, 2013 AN ORDINANCE GRANTING AN ELECTRIC UTILITY FRANCHISE TO ROCKY MOUNTAIN POWER WHEREAS, Rocky Mountain Power, ("the Company"), is a regulated public utility that provides electric power and energy to the citizens of the City of Iona (the "City") and other surrounding areas; WHEREAS, providing electrical power and energy requires the installation, operation and maintenance of power poles and other related facilities to be located within the public ways of the City; WHEREAS, the City desires to set forth the terms and conditions by which Rocky Mountain Power shall use the public ways of the City; NOW, THEREFORE, be it ordained by the City: SECTION 1. Grant of Franchise and General Utility Easement. Subject to the terms and conditions of this Ordinance, the City hereby grants to Rocky Mountain Power the right, privilege and authority to construct, maintain, operate, upgrade, and relocate its electrical distribution and transmission lines and related appurtenances, including underground conduits and structures, poles, towers, wires, guy anchors, vaults, transformers and transmission lines (collectively referred to herein as "Electrical Facilities") in, under, along, over and across the present and future streets, alleys, public ways and public easements (collectively referred to herein as "Public Ways") within the City, for the purpose of supplying and transmitting electrical power and energy to the inhabitants of the City and persons and corporations beyond the limits thereof. SECTION 2. Term. The term of this Franchise is for a period of fifteen (15) years, commencing on the date of acceptance by Rocky Mountain Power as set forth in Section 3 below. SECTION 3. Acceptance by Rocky Mountain Power. Within sixty (60) days after the passage of this Ordinance by the City, Rocky Mountain Power shall file an unqualified written acceptance thereof, with the City Clerk. In the event such acceptance is not filed within such time frame, then this Ordinance shall be null and void. SECTION 4. Non -Exclusive Franchise. Rocky Mountain Power's right to use and occupy the City's Public Ways shall be non-exclusive and the City reserves the right to use the Public Ways for itself or any other entity that provides CATV, telephone, communication or data transmission services or water or sewage service to City residents, provided however that the use by such other entities shall not unreasonably interfere with Rocky Mountain Power's use of its existing facilities or any facility hereafter constructed by Rocky Mountain Power pursuant to the rights granted herein. Notwithstanding such rights, the City reserves the right to exercise its lawful regulatory authority with respect to the Public Ways, including the right to require Rocky Mountain Power to relocate, alter or reconfigure its electrical facilities in order to protect the public health, safety or welfare or otherwise advance the public's interest. All such relocations, "Exhibit B" alterations or reconfigurations shall be at Rocky Mountain Power's sole expense. Rocky Mountain Power's rights shall also be subordinate and subservient to the City's operation, maintenance, use and extension of its water system and all mainlines, pumps, structures and facilities appurtenant thereto. SECTION 5. City Regulatory Authority. In addition to the provision herein contained, the City reserves the right to adopt such additional ordinances and regulations pertaining to the use, maintenance and operation of the Public Ways within the City or as may be deemed necessary in the exercise of its police power for the protection of the health, safety and welfare of its citizens and their properties or exercise any other rights, powers, or duties required or authorized, under the Constitution of the State of Idaho, the laws of Idaho or City Ordinance. SECTION 6. Indemnification. The City shall not be liable or responsible for any loss or damage to property or any injury to, or death of any person that may occur in connection with the construction, operation or maintenance by Rocky Mountain Power of its Electrical Facilities. Rocky Mountain Power shall indemnify, defend and hold the City harmless from and against such claims, demands, liens and all liability or damage of whatsoever kind on account of Rocky Mountain Power's use of the Public Ways within the City, and shall pay the costs of defense plus reasonable attorneys' fees for any claim, demand, action or lien brought thereunder. The City shall: (a) give prompt written notice to Rocky Mountain Power of any claim, demand or lien with respect to which the City seeks indemnification hereunder; and (b) cooperate with Rocky Mountain Power in the defense of such claim, demand or suit. If such notice is not given, Rocky Mountain Power shall not be bound by any settlement made without its consent. Notwithstanding any provision hereof to the contrary, Rocky Mountain Power shall not be obligated to indemnity, defend or hold the City harmless to the extent any claim, demand, action, suit or lien arises solely out of or in connection with any negligent or willful act or failure to act of the City or any of its officers or employees. SECTION 7. Annexation. 7.1 Extension of City Limits. Upon the lawful annexation of any territory to the City, the rights granted herein shall extend to the annexed territory. All Electrical Facilities owned, maintained, or operated by Rocky Mountain Power located within the Public Ways located within the annexed territory shall thereafter be subject to this Ordinance. 7.2 Notice of Annexation. When any territory is approved for annexation to the City, the City shall, no later than twenty (20) working days after passage of an ordinance approving the proposed annexation, deliver to Rocky Mountain Power: (a) the street address, if known, of the property annexed: (b) a legal description of the annexed territory, including detailed maps of the annexation property; and (c) a copy of the City's ordinance approving the annexation. The notice shall be mailed to: Rocky Mountain Power Customer Services Attn: Annexations PO Box 400 Portland, OR 97207-044 2 7.3 Nature of City's Notice Obligation. In the event the City fails to provide such notice on a timely basis, Rocky Mountain Power shall have no obligation to comply with the terms of this ordinance with respect to such annexed territory until such notice is given. Notwithstanding the City's failure to give such timely notice, nothing in section 7.2 shall invalidate such annexation, entitle Rocky Mountain Power to seek damages or other monetary relief on account of such failure nor relieve Rocky Mountain Power of its indemnification obligations under section 6 hereof. Further, the City's failure to timely give such notice shall not constitute a waiver of its regulatory authority over Public Ways within the annexed territory nor prevent the City from adopting new ordinances or regulations applicable to the use of such Public Ways. SECTION 8. Plan, Design, Construction and Installation of Rocky Mountain Power's Facilities. 8.1 All Electrical Facilities installed or used under authority of this Franchise shall be used, constructed and maintained in accordance with applicable federal, state and city ordinances, codes and regulations. 8.2 Rocky Mountain Power shall, prior to commencing new construction or major reconstruction work in the Public Ways, apply for a permit from the City which permit shall not be unreasonably withheld, conditioned, or delayed. Rocky Mountain Power will abide by all applicable ordinances and all reasonable rules, regulations and requirements of the City, and the City may inspect the manner of such work and require remedies as may be reasonably necessary to assure compliance. Notwithstanding the foregoing, Rocky Mountain Power shall not be obligated to obtain a permit to perform emergency repairs in order to protect public health or safety, provided the extent of such repairs is limited to such measures, facilities or mitigation measures reasonably necessary to protect the public's health and safety. In such event, Rocky Mountain Power shall promptly notify the City of any new pole, equipment or facility installed within the Public Ways and shall obtain a permit for the use, operation and maintenance of such new facility as soon as possible after the emergency work has been completed. All such emergency work shall comply with any and all City ordinances or regulatory authority, notwithstanding that a permit was not first obtained. 8.3 All Electrical Facilities shall be located so as to cause minimal interference with the use, operation and maintenance of the Public Ways and any existing public utility line, equipment or facility located therein and shall be constructed, installed, maintained, cleared of vegetation, renovated or replaced in accordance with applicable, rules, ordinances and regulations of the City. All electrical facilities shall be installed, operated or repaired in a manner that does not impede, obstruct or otherwise impair the City's use, operation and maintenance of its water system or any sewer mainline, facility or appurtenant equipment. In no event shall the use, operation or maintenance of any Electrical Facility create a public safety hazard, obstruct or impede use of the Public Ways for movement of traffic or pedestrians. 8.4 If, during the course of work on its Electrical Facilities, Rocky Mountain Power causes damage to or alters the Public Way in any manner, Rocky Mountain Power shall (at its 3 own cost and expense and in a manner reasonably approved by the City) replace and restore it to as good a condition as existed before the work commenced. Such remedial work shall be undertaken and completed as soon as reasonably possible with the least possible inconvenience to the public use of the Public Ways. 8.5 In addition to the installation of underground electric distribution lines as provided by applicable state law and regulations, Rocky Mountain Power shall, upon payment of all charges approved by the IPUC tariff, place newly constructed electric distribution lines underground, as may be required by City Ordinance. For the purpose hereof, the term "newly constructed" shall mean any electric distribution line constructed or installed by Rocky Mountain Power after the effective date of this Ordinance. 8.6 The City shall have the right without cost to use all poles and suitable overhead structures owned by Rocky Mountain Power within Public Ways for City wires used in connection with its fire alarms, police signal systems, or other public safety communication lines used for governmental purposes; provided, however, any such uses shall be for activities owned, operated or used by the City for a public purpose and shall not include the provision of CATV, internet, or similar services to the general public by the City. Provided further, that Rocky Mountain Power shall assume no liability nor shall it incur, directly or indirectly, any additional expense in connection therewith, and the use of said poles and structures by the City shall not create a safety hazard or interference with Rocky Mountain Power's use of same. Nothing herein shall be construed to require Rocky Mountain Power to increase pole size, or alter the manner in which Rocky Mountain Power attaches its equipment to poles, or alter the manner in which it operates and maintains its Electrical Facilities. City attachments shall be installed and maintained in accordance with the reasonable requirements of Rocky Mountain Power and the current edition of the National Electrical Safety Code pertaining to such construction. Further, City attachments shall be attached or installed only after written approval by Rocky Mountain Power in conjunction with Rocky Mountain Power's standard pole attachment application process, as approved by the Idaho Public Utility Commission. Such approval shall not be unreasonably withheld. Rocky Mountain Power shall have the right to inspect, at the City's expense, such attachments to ensure compliance with this Section 8.6 and to require the City to remedy any defective or unsafe attachments. 8.7 Before installing new underground conduits or replacing existing underground conduits, Rocky Mountain Power shall first notify the City of such work by written notice and shall allow the City, at its own expense, to share the trench of Rocky Mountain Power and to lay its own conduit therein, provided that such action by the City will not unreasonably interfere with Rocky Mountain Power's Electrical Facilities or delay project completion and provided the City shall be responsible for any incremental increase in the cost of such installation caused by the installation of the City's conduit. 8.8 Before commencing any street improvements or other work within a Public Way that will disrupt the delivery of electrical energy through Rocky Mountain Power's Electrical Facilities to any customer, the City shall give written notice to Rocky Mountain Power. SECTION 9. Relocations of Electrical Facilities. 4 9.1 The City reserves the right to require Rocky Mountain Power to relocate its Electrical Facilities within the Public Ways in the interest of public convenience, necessity, health, safety or welfare at no cost to the City. Within a reasonable period of time after written delivery of notice by the City, Rocky Mountain Power shall promptly commence and complete the relocation of its Electrical Facilities. Prior to the commencement of such relocation, the City shall, with the advice and cooperation of Rocky Mountain Power, identify a reasonable alignment for the relocated Electrical Facilities within the Public Ways of the City. 9.2 Notwithstanding the foregoing, Rocky Mountain Power shall not be obligated to pay the cost of any relocation of Rocky Mountain Power's Electrical Facilities that is required or made a condition solely for the benefit of a private development or private customer. In such event, City may order the removal or relocation of Rocky Mountain Power's Electrical Facilities, provided Rocky Mountain Power shall have no obligation to commence such removal or relocation until its receipt from such private developer or private customer of an amount reasonably estimated to cover the costs of such relocation or removal. Such relocation or removal costs shall be subject to all tariffs, rates and regulations promulgated or issued by the Idaho Public Utilities Commission. SECTION 10. Subdivision Plat Notification. Prior to the approval and recording of any new subdivision plat or the issuance of any permit which requires relocation or removal of any Electrical Facility, the City shall deliver to Rocky Mountain Power a copy of any plat application or permit application, including any final plat, site plan and improvement drawings which include or reflect the nature or location of any such Electrical Facility required for removal or relocation or underground burial. Such application and associated documents shall be delivered to Rocky Mountain Power at the following address, or such other address which shall be delivered to the City in writing, to wit: Rocky Mountain Power Attn: Estimating Department 852 East 1400 North Shelley, ID 83274 SECTION 11. Vegetation Management. Rocky Mountain Power or its contractor may prune portions of trees and vegetation which overhang the Public Ways, whether such trees or vegetation originate within or outside the Public Ways in order to prevent the branches or limbs or other part of such trees or vegetation from interfering with Rocky Mountain Power's Electrical Facilities or to eliminate a public safety hazard. Such pruning shall comply with the American National Standard for Tree Care Operation (ANSIA300) and be conducted under the direction of an arborist certified with the International Society of Arboriculture. Rocky Mountain Power shall defend and hold the City harmless from any claim arising from such pruning, all in accordance with the provisions of section 6 hereof. SECTION 12. Compensation. 12.1 In consideration of the rights, privileges, and franchise hereby granted, Rocky 5 Mountain Power shall pay to the City from and after the effective date of the acceptance of this franchise, three percent (3%) of its gross revenues derived from within the corporate limits of City. The term "gross revenue" as used herein shall be construed to mean any revenue of Rocky Mountain Power derived from the retail sale and use of electric power and energy within the municipal boundaries of the City, after adjustment for the net write-off of uncollectible accounts and corrections of bills theretofore rendered. Notwithstanding any provision to the contrary, at any time during the term of this Franchise, the City may elect to increase the franchise fee amount as may then be allowed by state law. The City shall provide Rocky Mountain Power with prior written notice of such increase following adoption of the change in percentage by the City. The increase shall be effective sixty (60) days after City has provided such written notice to Rocky Mountain Power. 12.2 No other franchise fee shall be levied, assessed or collected by the City with respect to Rocky Mountain Power's exercise of its rights or privileges granted by this Franchise Ordinance. SECTION 13. Renewal. In the event either party desires to extend the term of this Franchise, such party shall give written notice to the other party not less than one hundred twenty (120) days prior to the expiration date of this Franchise. In the event such notice is given, the parties shall thereafter meet and confer for the purpose of discussing such extension and shall negotiate in good faith during such time period with respect to such proposed extension. Nothing herein shall preclude the parties from mutually agreeing to extend the term of this Franchise on a month to month basis during such negotiations, provided such extension is mutually agreed in writing. SECTION 14. No Waiver. Neither the City nor Rocky Mountain Power shall be excused from complying with any of the terms and conditions of this Franchise by any failure of the other, or any of its officers, employees, or agents upon any one or more occasions to insist upon or to seek compliance with any such terms and conditions. SECTION 15. Transfer of Franchise. Rocky Mountain Power shall not transfer or assign any rights under this Franchise to another entity, except transfers and assignments by operation of law, or to affiliates, parents or subsidiaries of Rocky Mountain Power. In the event of such permitted transfer, the transferee shall assume all of Rocky Mountain Power's obligations hereunder, unless the City shall first give its approval in writing, which approval shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Rocky Mountain Power may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Franchise to any financing entity, or agent on behalf of any financing entity to whom Rocky Mountain Power, (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. In the event such financing entity forecloses its mortgage, deed of trust or other security interest, such financing entity shall be bound by the terms and conditions of this Ordinance. SECTION 16. Amendment. At any time during the term of this Franchise, the City or Rocky Mountain Power may propose amendments to this Franchise by delivering thirty (30) days written notice to the other party of the proposed amendment(s) desired, and both parties thereafter, through their designated representatives, will, within a reasonable time, negotiate in good faith in an effort to agree upon mutually satisfactory amendment(s). No amendment or amendments to this Franchise shall be effective until mutually agreed upon by the City and Rocky Mountain Power and formally adopted as an ordinance amendment, which is accepted in writing by Rocky Mountain Power. SECTION 17. Remedies. 17.1 Subject to section 18 below, in the event of any breach of either party's obligations under this Ordinance, the non -breaching party shall have all rights, remedies and causes of action to which it may be entitled in law or in equity. Such remedies shall be cumulative in nature. 17.2 Neither the City nor Rocky Mountain Power will take any action for the purpose of securing modification of this Franchise before either the Idaho Public Service Commission or any court of competent jurisdiction except to the extent any term, provision or part of this franchise is deemed or considered unconscionable, ultra vices, or contrary to law; provided, however, that neither shall be precluded from taking any action it deems necessary to resolve a difference in interpretation of the Franchise nor shall Rocky Mountain Power be precluded from seeking relief from the courts in the event the Idaho Public Utility Commission orders, rules or regulations conflict with or make performance under the Franchise illegal. SECTION 18. Attorneys Fees. In the event either party commences any action or suit to enforce the terms and conditions of this Ordinance, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs incurred in the prosecution or defense of such action or suit. SECTION 19. Notices. 19.1 Unless otherwise specified herein, all notices from Rocky Mountain Power to the City pursuant to or concerning this Franchise shall be delivered to the City Clerk at the main office of the City. Unless otherwise specified herein, all notices from the City to Rocky Mountain Power pursuant to or concerning this Franchise shall be delivered to the Customer Services Vice President, Rocky Mountain Power, 825 NE Multnomah, Suite 2000, Portland, OR 97232, or such other address as Rocky Mountain Power may advise the City of by written notice. 19.2 All notices given or required under this Agreement shall be deemed to have been delivered upon (i) deposit of such written notice in the United States mail, postage pre -paid, certified mail, return receipt requested, addressed to the address of the receiving party as set forth above, or (ii) physical delivery of a copy thereof to such party in the same manner as is provided for service of process under the Idaho Rules of Civil Procedure. Either of the parties may change the address to which such written notices shall be delivered by delivering written notice to the other party in the same manner as set forth above. 7 SECTION 20. Severability. If any section, sentence, paragraph, term or provision hereof is for any reason determined to be illegal, invalid, or superseded by other lawful authority including any state or federal regulatory authority having jurisdiction thereof or unconstitutional, illegal or invalid by any court of common jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such determination shall have no effect on the validity of any other section, sentence, paragraph, term or provision hereof, all of which will remain in full force and effect for the term of the Franchise or any renewal or renewals thereof. SECTION 21. Removal of Facilities upon Termination. Upon termination of this Franchise or upon the expiration thereof, Rocky Mountain Power shall thereafter remove all above -ground poles, pedestal boxes, control boxes, lines and appurtenances and any other above- ground facility from within the Public Ways at its sole cost and expense. Upon such removal, Rocky Mountain Power shall restore the Public Way to the same condition in which it existed prior to such removal and shall remove any waste, debris, abandoned equipment or other above -ground facility used by Rocky Mountain Power in conjunction with its exercise of its rights under this Franchise. Such removal and remediation work shall be completed within one hundred eighty (180) days after the expiration or termination of this Franchise. SECTION 22. Waiver of Right to Jury Trial. To the fullest extent permitted by law, each of the parties waives any right it may have to a trial by jury with respect to any action or proceeding arising out of or in any way connected with this Ordinance or any of the party's rights, duties and obligations hereunder. Each party further waives any right to consolidate any action in which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived. PASSED by the City Council of the City of Iona, Idaho, this , day of June 2013. MAYOR By: Brad Andersen ATTEST: Julie Hammond City Clerk 8 ACCEPTANCE Accepted and agreed to this day of June, 2013. ROCKY MOUNTAIN POWER COMPANY By: Its: G:\WPDATA\DWS\2708 City of Iona \AGR\2013\Rocky Mtn Franchise Ordinance.docx:sm 9 10-3-2 10-3-2 Section 202 Amend definition of garbage to also include useless waste or material, trash, rubbish, refuse or litter. Section 302.4 Insert: six inches (6") for grass and twelve inches (12") for weeds and other plant growth. Section 302.8.1 hereby is added as follows: Inoperative, Unauthorized, And Unregistered Vehicles And Materials Section 302.8.1.1 Purpose: The purpose of this section is to provide for removal of certain nuisances created by vehicles and other materials when stored improperly on public streets or private property and to distinguish between the lawful use of public streets for parking of motor vehicles and the public nuisance created by unlawful storage or parking of prohibited items. Section 3.02.8.1.2 Definitions: For the purposes of this chapter: A. Inoperative Vehicle: Any vehicle which, in its current state, whether due to broken, defective, or missing parts, including missing or flat tires, missing doors, missing or badly damaged windshields, or broken or defective parts which are essential for movement, is not capable of being used as a regular means of transportation. B. Unauthorized: Anything other than a lawfully registered motor vehicle and its lawfully connected trailer, including, but not limited to, the following: any snowmobile, any boat, any trailer which is not connected by means of a lawful hitch to an operating, lawfully registered motor vehicle, any camper shell or camper not mounted on a vehicle, any storage containers, excluding city authorized garbage containers when located in conformance with city regulations, any vehicle reported stolen and not yet recovered, and any recreational vehicle which remains parked on a street longer than authorized in this code. C. Unregistered Vehicle: Any vehicle which is not lawfully and currently registered as provided in Idaho Code title 49, chapter 4; or any vehicle which does not bear current annual Idaho license plates or decals; or any vehicle which does not City of Blackfoot 10-3-2 10-3-2 bear current license plates issued by another state and is not lawfully and currently registered in that state. Section 3.02.8.1.3 Use Of City Streets Authorized For Parking Registered, Operative Motor Vehicles; Other Uses Prohibited And Declared Public Nuisances: A. The parking, both short term and long term of lawfully registered, operative motor vehicles is allowed at curb side areas of the streets of the city of Blackfoot; provided, that the motor vehicles are not parked in violation of pavement or curb markings or regulatory signs or traffic devices; and provided, that they are parked in conformance with parking method regulations set out elsewhere in this code. B. The use of the streets as a storage location for unregistered or inoperative motor vehicles, unauthorized items such as camper shells, boats, unhitched trailers, storage containers, or other materials is prohibited and the owner(s) may be issued a misdemeanor citation for violating the prohibition. The continued presence of such unlawfully stored items is inimical to the well being of the citizens and is hereby declared a public nuisance. All such items shall be subject to removal as provided hereinafter, the costs of which, including storage, shall be borne by the owner(s). Section 3.02.8.1.4 Removal From Public Right Of Way: The police department is authorized to cause the immediate removal of any unregistered or unauthorized vehicle, any unauthorized materials, or any vehicle reported as stolen and not yet recovered found parked or left on any street or right of way. The department is also authorized to cause to be removed any vehicle parked on the right of way which is found to be inoperative, pursuant to notification and removal procedures set forth in Idaho Code title 49, chapter 18; provided, however, that upon notification to the police department that a motor vehicle has become disabled while being operated, such inoperative vehicle may be left parked against the curb area of a public right of way for a period not to exceed forty eight (48) hours for effecting repairs or arranging for removal. City of Blackfoot 10-3-2 10-3-2 Section 3.02.8.1.5 Use Of Private Property For Storage Of Unregistered Or Inoperative Vehicles Or Vehicle Parts Prohibited And Declared A Public Nuisance: The long term presence on private property outside the con- fines of enclosed buildings, of inoperative, wrecked, dis- carded, partially dismantled, junked, unused, or unregistered vehicles or vehicle parts contributes to blight and deterioration of neighborhoods and is detrimental to public health, safety, and welfare due to factors such as broken glass, standing water, accumulation of rusted parts, potential environmental damage, and the potential for breeding of vermin, and is hereby deemed a public nuisance. No person in charge or control of any property within the city, whether as owner, tenant, occupant, lessee or otherwise, shall allow any such vehicle to remain in the open on such property longer than seventy two (72) hours. Persons violating this prohibition may be issued a misdemeanor citation and the city may pursue other legal remedies for removal of the vehicles. This prohibition shall not apply to a vehicle on the premises of a lawfully operated auto salvage business, auto repair business, towing and storage business, auto sales business, or govern- mentally operated auto storage area, when necessary to the operation of such business enterprise, nor to vehicles for which a repair or restoration permit has been issued as pro- vided hereinafter. Section 3.02.8.1.6 Temporary Exceptions For Repair And Restoration Permits: The code enforcement staff are hereby authorized to issue permits for either restoration work on an inoperative vintage or classic car or repair of one inoperative vehicle and a salvage vehicle and such vehicle parts as may be necessary for repair under the conditions established in this section. Code enforcement staff is authorized to deny such permits to an owner if the property on which the work will be done is not in compliance with property maintenance regulations set out in this ordinance. Code enforcement staff is also authorized to revoke any permit if the owner violates the terms of the permit or property maintenance provisions in this ordinance and does not correct the violations within the time prescribed. A. Repair Permit: The code enforcement staff may issue a thirty (30) day permit to allow the owner of a vehicle to repair City of Blackfoot f 10-3-2 10-3-2 that vehicle on his residential premises by salvaging parts/ equipment from another vehicle owned by him, without storing and/or working on the vehicles in an enclosed building. There shall be no cost for the permit. Members of the code enforce- ment staff are authorized to issue one 30-day extension if requested by the permittee in order to complete the repair, provided permittee is in compliance with the terms of the permit and the property maintenance provisions in this ordi- nance. If no enclosed building is available, storage and work on the vehicles should be accomplished within the confines of a carport or an area screened from public view. When not in an enclosed building and not undergoing actual repair work, both vehicles must be under a car cover which has been specifically made to fit the contours of and cover the entire body of the vehicle; blankets, tarpaulins, or other such make- shift coverings are not allowed. Vehicle parts, equipment, and tools must be neatly stacked and covered when work is not taking place. At the expiration of the permit or its extension period, the salvage vehicle must be removed from the prem- ises or the code enforcement staff may cause a misdemeanor citation to be issued and may also pursue other legal remedies to effect the removal. Nothing herein shall be construed to allow any person to perform such work in order to sell the repaired vehicle to another party. B. Restoration Permit: The code enforcement staff may issue a one year permit to allow the owner of a vehicle to undertake a project to restore a vehicle as either a "classic" car (a vehicle at least 30 years old) or an "Idaho old timer" (a vehicle manufactured prior to January 1, 1943) to its original condition without storing the vehicle and working on it within an enclosed building. If possible, work must be performed within the confines of a carport or within a screened area. If not kept in an enclosed building, the vehicle must be covered with a car cover as described in subsection A of this section whenever work is not taking place. Members of the code enforcement staff are authorized to issue one 180-day exten- sion if requested by the permittee in order to complete the repair, provided permittee is in compliance with the terms of the permit and the property maintenance provisions in this chapter. At the expiration of the permit or its extension period, if the vehicle is not fully restored to working condition, the owner must either store the vehicle in a fully enclosed build- ing or remove the vehicle from the property. Failure to do so may result in issuance of a misdemeanor citation and the city may pursue other legal remedies to effect the removal. City of Blackfoot