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HomeMy Public PortalAboutMinutes_CCMeeting_11182008CITY COUNCIL MEETING 6:30 P.M. NOVEMBER 18, 2008 IONA COMMUNITY CENTER PRESENT: Mayor Brad Andersen, Council members Dennis McArthur, Steve Elliott, Jane Shaw, Dan Gubler, Treasurer Ron Nelson, Public Works Supervisor Zech Prouse, Chief of Police Shannon Basaraba, City Clerk Robyn Keyes VISITORS: Vicki Burnham, Warren Smith, Chandler Mitton, Spencer Reeves, Kyle Gubler, Jon Burnham, Barbara Schreier, Michael Schreier, Lance Ellis Mayor Andersen welcomed everyone and Council member Gubler led the Pledge of Allegiance. Police/Code Officer's Report. Officer Basaraba said that the new speed limit signs in front of the school had been installed. Officer Basaraba was still waiting for a hard copy of the delinquent water ordinance revision from the attorney but that the attorney had emailed officer Basaraba with his recommendation that the late charge remain at 1% interest and instead of having a $10 administration fee, change the disconnect fee from $25 to $35 to account for the administration fee, and by doing so, there is less verbiage. The attorney also suggested removing the sentence that stated that the city council and chief of police approved the disconnect orders but to keep the policy in place. Mayor Andersen said that last month the Council approved the attorney to draft the ordinance and it was the Mayor's understanding that the ordinance can be enforced while the City is waiting for the final draft from the attorney. Officer Basaraba said that he and PW Supervisor Prouse had delivered delinquency notices to everyone that was at least three months behind. Officer Basaraba said that many people had been in to pay their bill and that the amount of over due water bills had been reduced from over $7,000 to around $4, 000. Officer Basaraba said he would like to follow- up with the delinquency notices and disconnect those that were not making an attempt to pay or make arrangements to pay. Mayor Andersen said that he would like to confirm with the attorney that the City can enforce the ordinance while waiting for the final draft. Mayor Andersen noted that the ordinance had been approved and that the City was just waiting for a copy of the ordinance from the attorney. Mayor Andersen pointed out a few individuals on the delinquency list that do not live in the City anymore and asked Officer Basaraba to write letters to send to the individuals asking for payment, since the City can not turn the water off. Council member Gubler stated that in the past, many people would pay quarterly for their water and that the City should state in the next newsletter the payment policy and to notify the City of any relevant issue regarding payment. Mayor Andersen said that he and the Council are in agreement that officer Basaraba should move forward with turning the water off for those that are not making an effort to resolve the issue. Council President McArthur thanked PW Supervisor Prouse and Officer Basaraba for their hard work regarding the issue. Officer Basaraba said that he had discussed the possibility of installing vending machines in the foyer of the building with Mayor Andersen. Officer Basaraba said that he could only find one company that offered the service and that they paid 10% of the sales to the City. There was not a contract and the City could have the machines removed at any time. 1 Council member Shaw had already looked at the location and addressed any wiring issues with the outlet. Council member Gubler stated his concern with trash and spills. Treasurer Nelson stated his concern with the way the machines would make the entrance look. Mayor Andersen suggested trying the vending machines out and if the City decided they were too much trouble, and then have them removed. Mayor Andersen thanked Officer Basaraba and Council member Gubler for their work toward purchasing the new police vehicle. Officer Basaraba said that he had talked with the Sheriff about patrolling the impact area and was waiting for a decision from the Sheriff. Officer Basaraba said that he was advocating the issue and said that patrolling the impact area would bring in more revenue for the City. Mayor Andersen said that he thought that there was a place in the code book that addressed patrolling the impact area. Mayor Andersen welcomed members of the audience and introduced Boy Scout Troop #145 that had come to observe the meeting. Consent Agenda. The minutes, financial report, and expense report were reviewed. Mayor Andersen said that IDEQ was an annual water assessment fee that the City needed to pay and that the City could either add $4 to every utility bill as a one time fee, or that the City could pay the fee and take the money out of the water fund. The last three years the City Council had agreed that the City should pay the fee and not charge the users an extra fee. The Council agreed the City should pay the fee. Mayor Andersen entertained a motion from the Council to approve the consent agenda. Council member Gubler made a motion to approve the consent agenda. Council member McArthur seconded the motion. Mayor Andersen asked if there was any further discussion. There was not. All were in favor. Motion carried. Consent agenda approved. Previous Business. Mayor Andersen asked if anyone had previous business they would like to discuss. Council member Gubler said that he had attempted to go to the museum in Rexburg to discuss the antique fire truck placement. The museum was closed every time Council member Gubler went there. PW Supervisor Prouse moved the antique fire truck over to the other City garage for storage and the Fire District moved one of their working fire trucks into the City garage for winter storage. The Council decided to keep the antique fire truck in Iona. High Country RCD. Mayor Andersen said that the City had not budgeted the financial support that RCD was asking for but was in favor of contributing $1 per water account as a way of showing support for the program. The Mayor said that he thought the program was a good idea and suggested a contribution of $600. Council member Gubler asked where the money would come from, the Mayor said that it would come out of the water fund. Council member McArthur agreed that RCD was a worthwhile project and was in favor of supporting the County. Council member Gubler agreed that $600 was a fair amount considering our population. Council member Elliott said that the power company supported the project. Treasurer Nelson said that he would send a check for $600. 2 Public Hearing 7:00 p.m. Annexation of 2460 N and 2412 N 50 E. PRESENT: Mayor Brad Andersen, Council members Dennis McArthur, Steve Elliott, Jane Shaw, Dan Gubler, Treasurer Ron Nelson, Public Works Supervisor Zech Prouse, Chief of Police Shannon Basaraba, City Clerk Robyn Keyes. VISITORS: Vicki Burnham, Warren Smith, Chandler Mitton, Spencer Reeves, Kyle Gubler, Jon Burnham, Barbara Schreier, Michael Schreier, Lance Ellis Mayor Andersen explained that Lin Longhurst at 2460 N and Scott Hunting at 2412 N 50 E had requested annexation of their properties into the City of Iona. The Mayor explained the procedure for a public hearing to the audience and asked if Longhursts or Huntings were present. City Clerk Keyes said that Longhurst and Hunting had asked if they needed to be present and Clerk Keyes told them that they could, but that it was not necessary. Longhurst and Hunting were not present. Mayor Andersen read the minutes from the planning and zoning public hearing (see appendix A). Mayor Andersen asked the audience if anyone that was in favor of the request would like to speak, no one did. Mayor Andersen asked if anyone that was neutral would like to speak, no one did. Mayor Andersen asked if anyone that was against the request would like to speak, no one did. Mayor Andersen closed the public portion of the hearing and opened discussion to the Council. Council member Gubler asked how many horses Longhurst's had. Mayor Andersen said that they had three horses on 1.282 acres and that planning and zoning recommended that Longhurt's three horses are grandfathered in and if the Longhurst's ever sell the property, the new owners would only be allowed two horses as per City code of 1 horse per '/2 acre. Mayor Andersen entertained a motion from the Council. Council member McArthur made a motion to approve the annexation request with the conditions set forth by planning and zoning. Council member Elliott seconded the motion. Roll call as follows: Aye: Council member McArthur, Council member Elliott, Council member Shaw, Council member Gubler. Nay: None. Motion carried. Annexation approved. Public hearing closed 7:07 p.m. Conditional Use Permit. Mayor Andersen said that Officer Basaraba and Clerk Keyes had been working on a new format for the conditional use permit and application and that in the past, a conditional use permit had either not been issued, signed, or both for those permits granted. Mayor Andersen said that legally, the City needed to have proper documentation regarding conditional use permits and asked the Council to review the template created by Officer Basaraba and Clerk Keyes. Officer Basaraba pointed out that the permits would be reviewed annually for compliance reasons. Council member Gubler said that he was opposed to the $10 renewal fee but does support the $100 application fee. Council member McArthur said that the $10 would cover the administration costs of managing the permit. Officer Basaraba said that he understood Council member Gubler's 3 04 point of view but that annual review of the permit was time consuming. Council member Gubler said that business licenses were required for those permits pertaining to a business and that the business license fee should cover the expense. Council member Shaw agreed that management of the permit was costly and time consuming and pointed out that it stated on the application that a renewal fee may apply. Council member McArthur said that he supported the renewal fee, but for non -business permits only. Mayor Andersen suggested changing the wording on the application that the fee applied to non -business only. Mayor Andersen entertained a motion to approve the application. Council member Shaw made a motion to approve the application and permit with the $10 fee for non - business only. Council member McArthur seconded the motion. Roll call as follows: Aye: Council member McArthur, Council member Elliott, Council member Shaw. Nay: Council member Gubler. Motion carried. Application and permit approved. Mayor Andersen introduced Lance Ellis to the Council and said that he was interested in being on the planning and zoning commission. Mayor Andersen showed the Council a picture and a thank -you card that he had received from the local Little League team that went to the Little League World Series. The City of Iona did not charge the Little League for use of the City ball field and told them instead, to use the money toward their trip to Maryland to attend the World Series. Treasurer Report. No report. Public Works Supervisor Report. PW Supervisor Prouse said that unauthorized construction had taken place while he was out of town and that subsequently he had drawn up a Public Right -of -Way permit and a Lawn Sprinkler Installation permit to avoid those types of situations. PW Prouse said that he had discussed the issue with the attorney and that City Code was in place to support the permits. Once granted, the permit would be effective for 5 years and remain on file. Along with the permit, a copy of Iona City Code would be issued regarding the work being done. PW Prouse said that this permit system might reduce or eliminate the contractor performing unauthorized construction and hold the contractor accountable for the clean-up afterward. If the contractor did not comply they coulc then be fined. The Lawn Sprinkler permit would also include a backflow prevention inspection. Council member Elliott asked if the County required back flow prevention, PW Supervisor Prouse said that they did, and would like to require all new construction to have a permit and install a back -flow prevention system and eventually require backflow prevention on the systems that have previously been installed. Council member Shaw asked who would inspect the system. Mayor Andersen said that new construction would require a state inspector and would be required on the City building permit. PW Supervisor Prouse said that he could inspect the public right -of way work but did not yet have a license for the back flow inspection. Council member Shaw asked if there was a fee for the permit, Prouse said that there was not. Mayor 4 Andersen said that the state required back flow prevention on all systems but did not have the man -power to enforce the rule. Mayor Andersen said that by requiring a permit with all new construction it was a start to help get everyone into compliance, and maintain the quality of our drinking water. PW Supervisor Prouse said that the unauthorized right-of- way construction on Free Ave. had not been repaired and that he could not reach the contractor. Prouse said that he mailed a letter to the contractor and gave him 5 days to repair the street, if the contractor did not repair the street, Prouse would do the repairs and bill the contractor. Council member Gubler asked how the City stopped things like that from happening. Prouse said the permit was a start. Mayor Andersen said that the City had a right to not allow certain contractors from working within the City limits, if they do not comply. Council member Gubler asked if a deposit could be required until the City is sure the work is finished properly. PW Supervisor Prouse said that a deposit could be required but that the code book would need to be written to state the requirement. PW Supervisor Prouse also said that he was going to start issuing letters of acceptance for completed work that would require a one-year warranty for the work completed. Public Hearing 7:30 p.m. Conditional use permit Dave and Kirsten Hinton. PRESENT: Mayor Brad Andersen, Council members Dennis McArthur, Steve Elliott, Jane Shaw, Dan Gubler, Treasurer Ron Nelson, Public Works Supervisor Zech Prouse, City Clerk Robyn Keyes VISITORS: Barbara Schreier, Michael Schreier, Kirsten Hinton, Dave Hinton, Linda Asher, June Smith, Fred Smith, Adrian Beazer. Mayor Andersen welcomed everyone and explained the procedure for a public hearing. Mayor Andersen and the Council read the minutes from the Planning and Zoning hearing (see appendix B) and The Mayor asked if the Hinton's would like to add anything else. Mrs. Hinton said that she and her husband were the people applying for the conditional use permit and that they were the owners of the house at 5110 Denning. Mrs. Hinton explained that Dave's mother, June Smith, and step father, Fred Smith, lived in the basement of the house and were retired, and living on a fixed income. Mrs. Hinton said that the Smith's moved from Ohio and had been mugged, shot at and hospitalized while living in Ohio. Mrs. Hinton said that the Smith's felt safer and enjoyed living in Iona. Mr. Smith had heart problems and was in the hospital a few weeks ago and Mrs. Smith had back problems, the Smith's can only afford to help out with the utilities and the Hinton's rent the upper portion of the home to other people to help pay the mortgage so that the Smith's can continue to live in the Hinton's home. Mrs. Hinton said that she had gone door to door and talked with the neighbors regarding the permit and that she obtained 17 signatures from neighbors that were in support of the request and that only one neighbor, Paul Meng, would not sign the paper. Mayor Andersen asked if there was any one in the audience that was in support of the request. Barbara Schreier said that she was in support of the request and that in the past; the Hinton's had missionaries renting the house and had never had a problem. Linda Asher said that she lived by the Hinton's home and had never had a problem with the renters and that she enjoyed having the Smith's as neighbors. Mrs. Asher said that as long as the Hinton's own the place, she knows the 5 renters will be good neighbors and that if the Hinton's sell the house, who knows what kind of people might move in. Mayor Andersen asked if any one in the audience was neutral and would like to speak, no one did. Mayor Andersen asked if any one in the audience was against the request and would like to speak, no one did. Mayor Andersen asked if the Hinton's would like to add anything else, they did not. Mayor Andersen closed the public portion of the hearing and opened discussion for the Council. Council member Gubler asked whose name was on the mortgage, Mrs. Hinton said her's and her husbands. Council member Shaw asked if Mrs. Hinton knew what Mr. Mengs objections were; Mrs. Hinton said that he did not state any, only that he did not want to sign the paper. Council member McArthur asked if Mr. Meng was present at the planning and zoning hearing, he was not. Council member Shaw noted that Mr. Meng was not present at the current hearing either. Council member Gubler asked if Mr. Meng had received a letter informing him of the hearing, Clerk Keyes said that she had sent a letter to him. Mayor Andersen stated that each conditional use permit was a unique situation and that the circumstances for each should be looked at individually. Mayor Andersen said that the Hinton's request involved a hardship situation. The Mayor read the motion made by planning and zoning member Beazer that stated his recommendation to the City Council that they approve the request with the conditions from the original permit still in place and changing the condition that the owners of the property must occupy the premises to the owner's parents must occupy the premises and that the request is deemed essential due to the hardship involved. Mayor Andersen asked if the Hinton's had any concerns with the condition, they did not. Council member McArthur said that the planning and zoning commission had addressed the issues that would affect the neighbors. Mayor Andersen entertained a motion from the council. Council member McArthur made a motion to sustain the recommendation by planning and zoning and approve the request with the conditions stated. Council member Elliott seconded the motion. The Mayor asked if there was any further discussion, there was not. Roll call as follows: AYE: Council member McArthur, Council member Elliott, Council member Shaw, Council member Gubler. NAY: None. Motion carried, request approved. Public hearing closed 8:45 p.m. Public Works Supervisor Report Continued. PW Supervisor Prouse thanked Police Chief Basaraba and Clerk Keyes for their help with delinquent water accounts, and thanked Council member McArthur for his help installing the posts around the monument. PW Prouse said that the VFD system was in and that the electrician needed to wire the unit. Mayor Andersen said that it would be spring before the tank could be drained and assessed. City Clerk Report. Clerk Keyes said that she was still working on updating the website and waiting for the new software to be installed. Clerk Keyes also said that she was thinking of a different way to issue account numbers for the water bills because the current way was confusing when people moved out or in and that she had no way of 6 knowing when a new construction was occupied. Council member Shaw said that the inspector should be giving her a certificate of occupancy so she knew when the house was occupied. Clerk Keyes said that she would talk to the building inspector. Mayor report. Mayor Andersen said that the safe routes to school project cost for the City would be $15,000 for the engineer. The engineering cost was the only expense not covered by the grant. The Mayor said that he had negotiated the cost down from $17,000 with Schiess. Mayor Andersen said that the other issue that related to the grant was the three way stop at Free Ave. and 50th And that Schiess said that the project should only cost around $1,500 and that cost included the signage and engineering the grade of the corner. PW Prouse said that the City could take care of the asphalt. Mayor Andersen said that district 93 had recommended a three way stop at the intersection. Council member Gubler said that he sat at the corner for awhile to observe and was surprised at how fast people went around the corner. PW Prouse said that just squaring up the intersection would slow people down. Mayor Andersen asked for a recommendation from the Council regarding the grant issues. Council member Gubler said he thought that the safe routes to school was a worth while project. Adrian Beazer asked why the signs in front of the schools had been changed and that they allowed cars to go 35 to school parking lot, then 20 by cross walk and back to 35 ten feet after cross walk. Mayor Andersen said that he would look into the situation. Council member McArthur asked if the safe routes to school was a bike path. Mayor Andersen said that it was a walking/bike path and extended to the City limits on Iona Rd the west and to Denning on 55th to the south. The Council approved the safe routes to school project pending official notification of the grant award. Mayor Andersen asked if anyone from the Council could attend the annual school district luncheon on Thursday the 20th. The district would be talking about the new bond that is up for election. Council member Gubler said that he could go. The Mayor read a letter from Young Market asking for the City's opinion regarding the sales of hard liquor on Sunday. Council member's McArthur and Elliott did not support the idea of Sunday sales and Council member Shaw said that the issue did not effect Iona and Council member Gubler was neutral. Mayor Andersen asked the Council if they wanted to continue to meet the third Tuesday of each month next year, they did. The Mayor informed the Council that AIC training had been cancelled and instead training was offered online on December 11th at 1:00 p.m. and 6:00 p.m. The topic of the training was zoning and ordinances and the Mayor recommended the training to the Council and Planning and Zoning. Mayor Andersen asked if the Council approved the three way stop at Free Ave. and 50th, they did. Renewal Contract with Attorney. Council president McArthur made a motion to adjourn for an executive meeting. Council member Gubler seconded the motion. All were in favor. Motion carried. Adjourned 8:15 p.m. to 8:30 p.m. 7 Mayor Andersen said that the next City Council meeting would be December 16 at 5:30. The Mayor said that the Council would meet at the Community Center and then have a special meeting at 7:00 p.m. at Stockman's Restaurant. Mayor Andersen thanked Zech for his help compiling the annual street report. Council member McArthur's Report. Council member McArthur said that there were not updates from the tree committee or the Lion's Club and that the Lion's Club had a profitable year. Council member McArthur said that the Lion's club would most likely start with one piece of the monument and as it was finished then continue with the next. Council member McArthur said that two cottonwood trees would be removed next week at the park and sometime this winter a tree trimming group would trim the smaller trees. Council member Elliott's Report. Council member Elliott said that the Historical Society had given Beth 5 to 6 thousand dollars and they are still working on their tax exempt ID. Mayor Andersen asked Council member Elliott to involve the historical society with the monument at the front of the City building. Mayor Andersen asked if anyone had talked with the Koepplin's since the museum's public hearing, no one had. Mayor Andersen said that he would contact them. Council member Gubler suggested putting up the parking signs to assure the Koepplin's that the City would follow through with the issue. Council member Shaw's Report. Council member Shaw asked if the horn by the front entrance of the City building could be removed so that she could use that outlet for the vending machines. PW Prouse said that the horn could be removed. Council member Gubler's report. Council member Gubler said that improvements to the park were on hold for the winter and that he was waiting for the Attorney to reply regarding the trash mandate and that because of that he would not have the proper information for an election this year. Mayor Andersen suggested that the issue go to the ballot on May 26 of 2009. Mayor Andersen entertained a motion to adjourn. Council member McArthur made a motion to adjourn. Council member Gubler seconded the motion. A11 were in favor. Motion carried. Adjourned 8:50 p.m. APPENDIX A 8 Public Hearing 7:00 p.m. Annexation of Lin Longhurst at 2460 N 50 E and Scott Hunting at 2412 N 50 E. Idaho Falls, Idaho. Present: Planning and Zoning members Bruce Case, Roy Hobbs, Brad Bateman, Adrian Beazer, City Clerk Robyn Keyes Absent: Chairman Jared Wight. Visitors: None Since no one was present for the public hearing, P/Z member Case went directly to P/Z member's discussion and asked if any one had questions or concerns. P/Z member Bruce Case said that he is in favor of the annexation, but is concerned about the 3 horses on Longhurst property. The property is 1.282 acres and by City code, in order to have three horses, the property needed to be 1.5 acres. The P/Z members decided to grandfather Longhurst's three horses and make the property an R-1 zone. P/Z member Adrian Beazer made a motion to annex 2460 N 50 E and 2412 N 50 E into the City of Iona as an R-1 residential with the conditions that Longhurst's horses are grandfathered into the City and if the Longhursts sell the property the new owners would be required to follow the City code which stated that only one horse is allowed per acre of land. P/Z member Roy Hobbs seconded the motion. All were in favor. Motion carried. Annexation approved. Public hearing closed at 7:25 p.m. APPENDIX B 9 Public hearing 7:30 David and Kirsten Hinton requested a conditional use permit to renew the original conditional use permit regarding an apartment in their home located at 5110 Denning. Present: Planning and Zoning members Bruce Case, Roy Hobbs, Brad Bateman, Adrian Beazer, and City Clerk Robyn Keyes. Absent: Chairman Jared Wight. Visitors: Kirsten Hinton, Dave Hinton, Fred Smith, June Smith, Todd Olsen, Cheryl Smoley, Tim Smoley, Linda Asher. Planning and Zoning member Bruce Case welcomed everyone and reviewed the procedure for a public hearing and invited the Hinton's to explain the reasons for applying for a conditional use permit. Kirsten Hinton said that she and Dave are the owners of the home but do not live at the home, Dave's parents, June and Fred Smith live in the basement of the home along with the Smith's son, who is a disabled veteran. June and Fred are retired and live on a fixed income as does their son and together they do not have enough money to pay a mortgage and living expenses, so the upstairs is rented to another family to help cover the monthly mortgage for the home. The upstairs rental is not for the purpose of extra income. Mrs. Hinton stated that the Smiths have physical and emotional reasons that they want to stay where they have been living for the last 3 years. Mr. Smith was in the hospital last week due to heart problems and Mrs. Hinton said that it would be a good idea for him not to move and that he has suffered from two heart attacks in the past. Mrs. Smith had back surgery and said it would be difficult to move from the house. Mrs. Hinton said that emotionally, the Smiths feel comfortable and safe, with a sense of community in the home. Mrs. Hinton said that the Smiths had lived in Indiana and a month before they decided to move into the house with the Hinton's, the Smiths were mugged, beaten and shot at in their own drive way in Indiana. Mrs. Hinton said that her mother and father in- law feel safe and love their neighbors here in Iona. Mrs. Hinton said that she believed that the best solution to be able to keep the Smith's were they are, is to rent out the top portion of the house to a young family that is compatible with the Smiths. Mrs. Hinton said that the neighbors are supportive and that she has 15 households worth of signatures that approve of the rental situation, Mrs. Hinton said that some of them are fine with the situation, many are for the arrangement and two house holds said that if was for June, then they are definitely signing in support because June helped them out in a time of need. Mrs. Hinton said that the Smith's are an asset to the community. P/Z member Bateman asked if there was adequate parking for everyone living in the house. Mrs. Hinton said that there was room for parking in front of the house and on the side. P/Z member Case asked if it was off street parking, not in the easement, and room for the snow plow to go by. Mrs. Hinton said the parking was on the property, not in the easement and that there was room for the snow plow. P/Z member Bateman asked how much space was in the house. Mr. Hinton said that there were 4 bedrooms upstairs and 4 10 bedrooms downstairs. P/Z member Case asked who owns the property. Mrs. Hinton said that they (the Hinton's) own the home and that they had lived in the house until last January. The reason that they moved was because they have 5 children and out grew the upstairs, so they bought a house 2 blocks away and moved into it. Mr. Hinton said that they have been paying 2 separate water and sewer bills for the house. P/Z member Case asked the audience if there was any one that was in favor of the request that would like to speak. Tim and Cheryl Smoley stood up and said that they own the property behind the Hinton's and said that there had never been a problem with any of the renters and that the property is kept up, they have no problem with the Hinton's renting. Linda Asher stood up and said that she lived kitty-corner from the Hinton's and that she had no problem with the renters and that Mrs. Smith had been a wonderful neighbor and helped her out at a time when she couldn't walk. Mrs. Smith stood up and said that she had been glad to help out the renters upstairs and that downstairs they have their own kitchen, laundry and bathroom and that they help with the upkeep of the house and yard. Mrs. Smith said that she liked living in the house and liked the upstairs renters. Todd Olsen stood up and said that he lived in the upstairs apartment with his wife and 4 small children. Mr. Olsen said that the reason the upstairs was rented was to help pay the mortgage so that the Smiths can live there. Mr. Olsen said that the Hinton's only charge enough rent needed to make the mortgage payment, and that he knows the house is worth more in rent because of its size, but that the Hinton's are doing this for Dave's parents, and not to make money. Mr. Smith stood up and said that he enjoyed living in Iona and appreciated what the Hinton's were doing to help them. Mr. Smith said that he did what ever he could to help with the up keep of the house. P/Z member Case thanked everyone for their comments and asked if anyone in the audience was neutral. No one was. P/Z member Case asked if anyone in the audience was against the request. No one was. P/Z member Case closed the public portion of the hearing and opened the discussion up for the Planning and Zoning members to discuss. P/Z member Adrian Beazer said that it appeared that the Hinton's had met all of the criteria for the permit and that the only thing that was different was that they were no longer living upstairs and that new renters were. P/Z member Beazer said that he did not see a problem with the situation. P/Z member Roy Hobbs said that the issue of the Hinton's no longer living in the house needed to be addressed and that a new permit would need to be issued removing the Hinton's as resident's of the property. P/Z member Hobbs said that he did not see any problems with the request. P/Z member Brad Bateman said that he did not have any questions or concerns. P/Z member Bruce Case said that he did not have concerns and said that it appeared that everything from the first permit was still in place with the exception of the Hinton's no longer living at the residence. P/Z member Adrian Beazer said that he would add that this was a hardship situation with elderly folks living on a fixed income and their son that lived with them is a disabled veteran. P/Z member Bateman said that the request appeared to be deemed essential. P/Z member Case said that R-1 zones are intended for single family use, but this appeared to be a hardship situation for the Smith's and the Hinton's were trying to take care of Dave's parents, which is an important thing. P/Z member Case said that he appreciated the support from the neighbors and it appeared that the Hinton's and the Smith's were not infringing upon anyone's rights. P/Z member Case explained in R-1 zones, many times the neighbors are not in support of a rental situation with more than one family, but in this situation the neighbors are in support. P/Z member Case said that 11 one of the stipulations of granting the permit would be that the Smith's must occupy the home instead of the Hinton's and if the Smith's move, then the permit is revoked. P/Z member Beazer made a motion to recommend to the City Council that they approve the request with the conditions from the original permit still in place and changing the condition that the owners of the property must occupy the premises to the owner's parents must occupy the premises and that the request is deemed essential due to the hardship involved. P/Z member Bateman seconded the motion. All were in favor. Motion carried. Hearing closed at 8:00 p.m. 12 CITY OF REXI3URG casr America's Family Community November 4, 2008 Dear Mayor and City Council Members: Last year the City of Rexburg joined a number of surrounding communities in helping fund a multi -county cloud seeding effort run by the High Country (RC&D). This year, even though budgets are tight, we are again contributing to this effort because of its success. I would like to ask you to consider joining our efforts and help support this project with a contribution. Data reported from last year's cloud seeding indicates an estimated two to seven percent increase in precipitation. As you are well aware, adequate surface and ground water supplies are vital to our economic vitality and additional moisture benefits the region's economic well being. Now more than ever, we must assure a strong economic base for our cities. Please send your contribution and payable to: High Country RC&D 302 Profit Street Rexburg, ID 83440 Joining together as cities, counties, and various interested partners we have been able to create the strength to continue this work, but we need your help. Together we can make a difference. If you have any questions concerning our contribution to this project, please feel free to contact me or if you have questions about our cloud seeding efforts you may call Paul Romrell, Cloud Seeding Committee Chairman at (208) 313-0864. Sincerely, RsA.P.� Shawn Larsen Mayor Shawn D. Larsen Mayor 12 N. Center Rexburg, ID 83440 P. O. Box 280 Phone (208) 339.3020 ext.328 Fax (208) 359.3022 meyor®a rexburg.org ronounxburg.org NOTICE A CITY COUNCIL MEETING WILL BE HELD 6:30 P.M. NOVEMBER 18, 2008 AT THE IONA COMMUNITY CENTER 3 548 N MAIN ST. IONA, ID. Rbyn des City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on the 12th day of November, 2008 at the hour of 7:00 p.m. the Iona Planning and Zoning Commission will conduct a public hearing for the purpose of considering the annexation and zoning of real property located at 2460 N. 50th E. and 2412 N. 50th . A second public hearing is scheduled for November 18th at 7:00 p.m. with the Iona City Council. Both public hearings will be conducted at the Iona Community Center located at 3548 North Main, Iona, Idaho. Robyn Keyes City Clerk Dated this 27th day of October 2008 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on the 12th day of November, 2008 at the hour of 7:30 p.m. the Iona Planning and Zoning Commission will conduct a public hearing for the purpose of considering a conditional use permit for Dave and Kirsten Hinton to operate an apartment in their R-1 residential home located at 5110 E Denning, Iona, Idaho. A second public hearing is scheduled for the 18th day of November with the Iona City Council at 7:30 p.m. Both public hearings will be conducted at the Iona Community Center, 3548 North Main, Iona, Idaho Robyn K(yes City Clerk Dated this 27th day of October, 2008 MONTHLY EXPENSE REPOT 10/31 /2008 Amount Date Description ROCKY MTN POWER $ 4,346.81 BONNEVILLE COUNTY $ 5,000.00 CHIP & SEAL ZIP PRINT $ 11.63 BMC WEST $ 13.94 KIM BRIGGS $ 27.00 HEARING TEST -POLICE COLUMBIA PAINT $ 31.80 OSWALD SERVICE $ 33.00 H K CONTRACTORS $ 92.34 ASPHALT HOME DEPOT $ 157.56 PSI $ 125.72 ROCKY MTN BOILER $ 260.00 REPAIR BOILER ZECH PROUSE $ 241.42 HEALTH INSURANCE BMPO $ 261.00 ANNUAL FIRST RESPONDERS $ 413.75 UNIFORM/EQUIPMENT-POLICE COMMERCIAL LIGHTING $ 458.26 AIC $ 515.00 ANNUAL HOLDEN KIDWELL $ 600.00 CITY IF IDAHO FALLS $ 690.50 ANIMAL SHELTER JOEL KEYES $ 1,040.00 ICRMP $ 3,573.00 LIABILITY INSURANCE ROCKNAKS $ 23.30 STATE OF IDAHO $ 7,700.00 POLICE VEHICLE PRO RENTAL $ 1,226.67 BLUE CROSS OF IDAHO $ 27.90 HEALTH INSURANCE EAGLE ROCK NURSERY $ 34.00 SOD INTERMOUNTAIN GAS CO $ 51.83 RUSS'S OVERHEAL DOORS $ 75.50 DOOR REPAIR EVERGREEN SERVICE $ 295.00 WINTERIZE SPRINKLER SYSTEM ROYAL NEIGHBORS $ 300.00 LIFE INSURANCE BOB MCBRIDE $ 1,262.00 DIANA NELSON $ 87.50 CLEANING CHASE CARD SERVICE $ 29.43 POLICE REGENCE BLUE SHIELD $ 3,914.00 CAL STORES $ 17.06 -DIG LINE $ 32.20 MICRO SERV $ 145.90 FERGUSON ENT $ 99.26 TATES EXCAVATION $ 100.00 TETON MICROBIOLOGY $ 110.00 _WATER TEST ALLTEL $ 114.15 UNTIED PIPE $ 143.93 UNITED MAILING $ 173.46 6-12 EZ MART $ 528.48 IDEQ $ 2,160.00 ANNUAL TETON COMMUNICATIONS $ 2,380.00 SCADA POSTMASTER $ 84.00 AT&T $ 295.87 Q WEST $ 404.62 DIRECTIVE DATA $ 440.00 ANNUAL SCOTT MACHINERY $ 7,000.00 EQUIPMENT LEASE rut CITY OF IONA *BUDGET R E P O R T** PAGE 3 10-31-08 T + **** GENERAL FUND **** ESTIMATED * *RECEIPTED* UNRECEIPTED PERCENT FUND ACCOUNT# ACCOUNT TITLE REVENUE MTD YTD BALANCE RECEIPTED 001 305.000 STATE HIGHWAY USERS 48,000.00 11,185.43 11,185.43 36,814.57 23.30 001 310.000 STATE REVENUE SHARING 44,000.00 .00 .00 44,000.00 001 315.000 STATE LIQUOR TAX 24,000.00 7,110.00 7,110.00 16,890.00 29.63 001 320.000 BEER & DOG LICENSES 200.00 .00 .00 200.00 001 325.000 COURT REVENUE 1,800.00 30.15 30.15 1,769.85 1-68 001 330.000 INTEREST 4,000.00 123.66 123.66 3,876.34 3.09 001 335.000 CABLE TV FRANCHISE 3,600.00 .00 .00 3,600.00 001 340.000 NATURAL GAS FRANCHISE 10,000.00 .00 .00 10,000.00 001 345.000 POWER FRANCHISE 12,000.00 4,034.50 4,034.50 7,965.50 33.62 001 355.000 BUILDING RENT 5,000.00 977.50 977.50 4,022.50 19.55 001 357.000 BUILDING INSPECTION FEES 15,000.00 1,995.00 1,995.00 13,005.00 13.30 001 358.000 GRANTS 10,000.00 .00 .00 10,000.00 001 360.000 PROPERTY TAX REVENUE 180,000.00 2,367.88 2,367.88 177,632.12 1.32 001 390.000 MISCELLANEOUS REVENUE 6,000.00 50.00 50.00 5,950.00 .83 001 395.000 RESERVES 50,000.00 .00 .00 50,000.00 **TOTAL GENERAL FUND REVENUE 413,600.00 27,874.12 27,874.12 385,725.88 6.74 **** GENERAL FUND **** ESTIMATED * *EXPENDED* * UNEXPENDED PERCENT ACCOUNT# ACCOUNT TITLE EXPENSE MTD YTD BALANCE EXPENDED 001 410.000 PAYROLL 96,000.00 10,997.00 10,997.00 85,003.00 11.46 001 420.000 RETIREMENT 8,000.00 939.93 939.93 7,060.07 11.75 001 422.000 HEALTH INSURANCE 21,000.00 4,483.32 4,483.32 16,516.68 21.35 001 424.000 PAYROLL TAXES 9,000.00 718.76 718.76 8,281.24 7.99 001 440.000 ELECTRICITY - NATURAL GAS 24,000.00 1,172.81 1,172.81 22,827.19 4.89 001 445.000 OFFICE SUPPLIES 9,000.00 526.63 526.63 8,473.37 5.85 001 446.000 TRAVEL 6,000.00 .00 .00 6,000.00 001 447.000 ADVERTISING 2,000.00 .00 .00 2,000.00 001 450.000 INSURANCE LIABILITY 8,500.00 3,573.00 3,573.00 4,927.00 42.04 001 455.000 LEGAL & AUDIT FEES 10,000.00 600.00 600.00 9,400.00 6.00 001 460.000 POLICE 40,000.00 3,170.18 3,170.18 36,829.82 7.93 001 465.000 VEHICLE RENT 5,000.00 5,000.00 5,000.00 .00 100.00 001 470.000 MAINTENANCE 90,000.00 8,318.10 8,318.10 81,681.90 9.24 001 472.000 BUILDING INSPECTIONS 6,000.00 1,262.00 1,262.00 4,738.00 21.03 001 475.000 CIVIL DEFENSE 500.00 .00 .00 500.00 001 480.000 LIBRARY 2,000.00 .00 .00 2,000.00 001 490.000 CAPITAL IMPROVEMENTS 70,600.00 .00 .00 70,600.00 001 495.000 MISCELLANEOUS EXPENSE 6,000.00 1,031.00 1,031.00 4,969.00 17.18 **TOTAL GENERAL FUND EXPENSES 413,600.00 41,792.73 41,792.73 371,807.27 10.10 **NET EXCESS OR DEFICIENCY(-) 13,918.61- 13,918.61- 13,918.61 CITY OF IONA * *BUDGET REPORT** 00410-31-08 PAGE 4 **** WATER FUND **** ESTIMATED * * R E C E I P T E D * * UNRECEIPTED PERCENT FUND ACCOUNT# ACCOUNT TITLE REVENUE MTD YTD BALANCE RECEIPTED 002 305.000 COLLECTIONS 154,000.00 13,877.50 13,877.50 140,122.50 002 310.000 HOOK UP FEES 45,000.00 6,000.00 6,000.00 39,000.00 002 315.000 INTEREST 2,500.00 75.77 75.77 2,424.23 002 350.000 TANK REPLACEMENT FUND 50,000.00 .00 .00 50,000.00 002 358.000 GRANTS 12,500.00 .00 .00 12,500.00 002 395.000 RESERVES 50,000.00 .00 .00 50,000.00 002 397.000 WATER BOND .00 .00 .00 9.01 13.33 3.03 **TOTAL WATER FUND REVENUE 289,000.00 19,953.27 19,953.27 269,046.73 6.90 **** WATER FUND **** ESTIMATED * *EXPENDED* * UNEXPENDED PERCENT FUND ACCOUNT# ACCOUNT TITLE EXPENSE MTD YTD BALANCE EXPENDED 002 410.000 SALARIES & BENEFITS 55,000.00 .00 .00 55,000.00 002 440.000 ELECTRICITY 25,000.00 3,225.83 3,225.83 21,774.17 12.90 002 445.000 OFFICE, SUPPLIES, LEGAL 8,000.00 1,585.00 1,585.00 6,415.00 19.81 002 450.000 ENGINEERING COSTS 20,000.00 .00 .00 20,000.00 002 460.000 VEHICLE EXPENSE .00 .00 .00 465.000 VEHICLE RENT 7,000.00 7,000.00 7,000.00 .00 100.00 11110 470.000 REPAIRS & MAINTENANCE 40,000.00 3,263.83 3,263.83 36,736.17 8.16 002 480.000 BOND PAYMENT .00 .00 .00 002 482.000 BOND INTEREST .00 .00 .00 002 485.000 TANK REPLACEMENT FUND 70,000.00 .00 .00 70,000.00 002 490.000 CAPITAL IMPROVEMENTS 89,000.00 3,582.67 3,582.67 85,417.33 4.03 002 497.000 WATER SYSTEM UPATE .00 .00 .00 **TOTAL WATER FUND EXPENSE 314,000.00 18,657.33 18,657.33 295,342.67 5.94 **NET EXCESS OR DEFICIENCY(-) 25,000.00- 1,295.94 1,295.94 26,295.94- 5.18- CITY OF IONA * *BUDGET R E P O R T* iii‘110-31-08 PAGE 5 **** EQUIP REPLACEMENT **** ESTIMATED * * R E C E I P T E D * * UNRECEIPTED PERCENT FUND ACCOUNT# ACCOUNT TITLE REVENUE MTD YTD BALANCE RECEIPTED 003 305.000 EQUIP RENT --WATER 5,000.00 .00 .00 5,000.00 003 310.000 EQUIP RENT --GENERAL 5,000.00 .00 .00 5,000.00 003 395.000 EQUIP RESERVES --WATER 35,000.00 .00 .00 35,000.00 003 396.000 EQUIP RESERVES --GENERAL 35,000.00 .00 .00 35,000.00 **TOTAL EQUIP REPLACEMENT REVENUE 80,000.00 .00 .00 80,000.00 **** EQUIP REPLACEMENT **** ESTIMATED FUND ACCOUNT# ACCOUNT TITLE EXPENSE * *EXPENDED** MTD YTD UNEXPENDED PERCENT BALANCE EXPENDED 003 410.000 EQUIP REPLACEMENT --WATER 40,000.00 .00 003 415.000 EQUIP REPLACEMENT --GENERAL 40,000.00 .00 003 490.000 EQUIPMENT PURCHASE .00 **TOTAL EQUIP REPLACEMENT EXPENSE .00 .00 .00 40,000.00 40,000.00 .00 80,000.00 .00 .00 80,000.00 **NET EXCESS OR DEFICIENCY(-) .00 .00 .00 " CITY OF IONA * *BUDGET iS10-31-08 R E P O R T** PAGE 6 **** RECREATION FUND FUND ACCOUNT# ACCOUNT TITLE ESTIMATED REVENUE ** R E C E I P T E D** UNRECEIPTED PERCENT MTD YTD BALANCE RECEIPTED 004 305.000 BASEBALL FEES 12,000.00 .00 .00 12,000.00 004 310.000 SHELTER RENTAL 500.00 25.00 25.00 475.00 004 320.000 WESTERN BOYS FEES 500.00 .00 .00 500.00 004 395.000 RESERVES .00 .00 .00 5.00 **TOTAL RECREATION FUND REVENUE 13,000.00 25.00 25.00 12,975.00 .19 **** RECREATION FUND **** ESTIMATED FUND ACCOUNT# ACCOUNT TITLE EXPENSE ** E X P E N D E D** MTD YTD UNEXPENDED PERCENT BALANCE EXPENDED 004 410.000 RECREATION EQUIPMENT 1,000.00 .00 .00 1,000.00 004 415.000 RECREATION LABOR 5,000.00 .00 .00 5,000.00 004 420.000 BASEBALL SUPPLIES 3,000.00 .00 .00 3,000.00 004 470.000 RECREATION MAINTENANCE 4,000.00 .00 .00 4,000.00 **TOTAL RECREATION FUND EXPENSE 13,000.00 .00 .00 13,000.00 **NET EXCESS OR DEFICIENCY(-) 25.00 25.00 25.00-