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HomeMy Public PortalAboutMinutes_CCMeeting_12162008ro5 CITY COUNCIL MEETING 5:30 P.M. DECEMBER 16, 2008 IONA COMMUNITY CENTER PRESENT: Mayor Brad Andersen, Council President Dennis McArthur, Council member Steve Elliott, Council member Jane Shaw, Council member Dan Gubler, Treasurer Ron Nelson, Public Works Supervisor Zech Prouse, Police Chief Shannon Basaraba, City Clerk Robyn Keyes VISITORS: Lynn Rockwood, Adrian Beazer Mayor Andersen welcomed everyone and Supervisor Prouse led the Pledge of Allegiance. Consent Agenda. The minutes were reviewed and President McArthur made a word correction on page one. Council member Elliott complimented Chief Basaraba and Supervisor Prouse for their work on collecting the delinquent water bills. Mayor Andersen said that because of the uncertainty of the national economy, the City should act conservatively regarding City spending. The Mayor said that any spending that involved State or Federal revenue, the City should try to stay at least 6 % under the annual budget, which equaled out to 1/2 % each month; this worked out to an average of 7.8 % instead of the normal 8.3 %. The Mayor said that the City should evaluate the spending after 6 months to ensure that the City was safely within the budget before approving any major repairs or expenses. Mayor Andersen also reminded the Council that of the $289,000 in the water fund revenue, part of the money was coming from savings such as, reserves and grants, and to keep that difference in mind when reviewing the estimated revenue and calculating expenses. That amount, minus the savings, was $201, 500. Mayor Andersen said that the savings was available for use, but preferred to save it for any unexpected expense. President McArthur asked if the new water rate would generate enough revenue to cover the expenses, Mayor Andersen said that it should. Supervisor Prouse asked when he would know how much money was available for the seal coating of the roads, Mayor Andersen said the City planned for $30,000. Council member Gubler asked when the City would know how much money was getting from the State. Mayor Andersen said that the legislature was meeting in January and that the City should have information by the end of January. Council member Gubler asked if the bill from United Mailing was in addition to the bill for mailing the water bills. Treasurer Nelson explained that United Mailing only billed for the printing and stuffing of envelopes and the postage was paid separately to the Postal Service. Mayor Andersen entertained a motion from the Council to approve the consent agenda. Council member Elliott made a motion to approve the consent agenda. Council member Gubler seconded the motion. All were in favor. Motion carried, consent agenda approved. Lynn Rockwood. Mr. Rockwood gave the Council a copy of the legal description of the property between Rockwood Ave. and the fence at the front of the City garage, along with a copy of the taxes due on said property and entertained the notion of selling the property to the City. Mayor Andersen asked Mr. Rockwood why he was coming to the City now regarding the issue and asked why this had not been taken care of during the sale of the property. Mr. Rockwood said that the City was "nickel and dime-ing" him and not accepting the subdivision. Supervisor Prouse and Mayor Andersen said that the subdivision had been accepted. Mr. Rockwood said that he received a bill for signs that were installed and that he had to install French drains. Mayor Andersen said that he would have to read the development agreement, but that installation of signs was the developer's responsibility. Mayor Andersen said that he recalled discussing the drainage issues a couple of years ago and that water had been collecting in the easement and up onto the road. Mr. Rockwood said that the City had the choice of renting or buying the easement property in front of the City garage. Mayor Andersen said that we would ask the City attorney to review the development agreement and advise the City on the issue. Mayor Andersen said that the requirements for Mr. Rockwood's development were the same requirements that were for all of the other developers in Iona. Council member Elliott asked why the land had not been part of the initial purchase. Mayor Andersen had the same question and suggested tabling the issue until the attorney reviewed the agreement. Chief Basaraba and Council member Shaw agreed that normally where there is a land purchase, there is an easement involved. Council member Elliott said that the City wanted to clear up the issue and make it right. Mr. Rockwood said that he had been paying the taxes for the last couple years; Mayor Andersen said that the City was not aware of the tax charge and would have the attorney review the issue. Mayor Andersen said that he was sorry that Mr. Rockwood felt like the City was nickel and dime-ing him and The Mayor said that the City enforced the same regulations upon all developers and that Mr. Rockwood was not being treated differently. Council member Gubler said that he wanted to be clear and asked if the land in issue was the part of the driveway from Rockwood Ave. to the fence. Mr. Rockwood said that was correct. Mr. Rockwood also said that there may be a conflict of interest with the attorney. Mayor Andersen said that the attorney would recuse himself if that were the case. Mayor Andersen asked Mr. Rockwood if he had any further questions, Mr. Rockwood did not. Mayor Andersen thanked Mr. Rockwood for his time. Previous Business Action Items. Mayor Andersen asked if anyone had previous business that they wanted to discuss. Council member Gubler said that he would like to discuss the trash mandate issue. Council member Gubler informed the Council that the attorney said that the City could give one company the exclusive right to collect trash through a franchise agreement. The attorney said that before the City presented the issue to the public for a vote, the City needed to negotiate a set amount with the trash company. The attorney said that the City needed to submit a request for proposal and that the City should write the terms of the contract. Council member Gubler asked the Council how they wanted to proceed; Mayor Andersen asked what Council member Gubler's recommendation was. Council member Gubler said there was no difference between a franchise agreement and a contract and that attorney Storer stated concern with a contract and suggested implementing safeguards within the contract in the event of unsatisfactory service. Mayor Andersen suggested holding a work meeting in January to discuss the terms of the contract. Council member Gubler agreed that a work meeting would be helpful. Chief Basaraba said that he received notice that he had passed his test and that he would take his final test sometime the first work week of January and he should be ready to patrol by the middle of January. Mayor Andersen said he had received several complaints about some of the Christmas decorations at one of the homes in Iona and had helped with mediation between the two neighbors. The Mayor asked the Council to help problem solve ways to avoid these situations in the future. Council member Gubler asked if the City would have to pass an ordinance for decorations, the Mayor said that perhaps a resolution would be in order, but if the problem was big enough, it would fall under a public nuisance. Approval of Annexation Ordinance for Longhurst. Council president McArthur read the summary for the ordinance that annexed the property at 2460 N. 50 E. belonging to Lin Longhurst into the City of Iona. Council president McArthur then made a motion to authorize the Mayor and City Clerk to sign the annexation agreement if there is one, and that the City dispense with the rule requiring that the ordinance be read in full and on three separate occasions and that we pass the rule on all three readings. Council member Elliott seconded the motion. Roll call as follows: AYE: Council president McArthur, Council member Elliott, Council member Shaw, Council member Gubler. NAY: None Motion carried, annexation ordinance for Longhurst property approved. Approval of Annexation Ordinance for Hunting. Council member Elliott read the summary for the ordinance that annexed the property at 2412 N. 50 E. belonging to Scott Hunting into the City of Iona. Council member Elliott made a motion to authorize the Mayor and City Clerk to sign the annexation agreement if there is one, and that the City dispense with the rule requiring that the ordinance be read in full and on three separate occasions and that we pass the rule on all three readings. Council member Shaw seconded the motion. Ro11 call as follows: AYE: Council president Mc Arthur, Council member Elliott, Council member Shaw, Council member Gubler. NAY: None. Motion carried, annexation ordinance for Hunting property approved. Lynn Rockwood asked what the procedure for annexing a property was. Mayor Andersen said that a hearing with planning and zoning was first, then a hearing with the City Council. Mr. Rockwood said that he was sent back and forth from planning and zoning and the Council and that his property was not annexed. Mayor Andersen said that the City had set up meetings regarding the issue and that Mr. Rockwood did not show up for the scheduled meetings. Mayor Andersen said that the procedure is the same for FIN everyone, but that Mr. Rockwood needed to show up to the meetings when he was scheduled. Approval of parking ordinance. Council member Shaw made a motion to approve an ordinance amending sections 9-4-5, 9-4-21, 9-4-22, and 9-4-23 of the City Code of Iona relating to the parking and storage of motor vehicles on public streets; preserving prior ordinance; providing for severability; and establishing an effective date and that the City dispense with the rule requiring that the ordinance be read in full and on three separate occasions and that we pass the rule on all three readings. Council president McArthur seconded the motion. Roll call as follows: AYE: Council president McArthur, Council member Elliott, Council member Shaw, Council member Gubler. NAY: None Motion carried, parking ordinance approved. Approval of Lance Ellis to Planning and Zoning Commission. Mayor Andersen said Lance Ellis had expressed interest in serving on the planning and zoning commission and would take the place of Jared Wight. Mayor Andersen said that Jared Wight had decided not leave right away and that Lance could go to the planning and zoning meetings to get oriented, and become a member when Jared leaves. Council member Gubler suggested waiting to approve Lance Ellis until he would be serving on the commission. Planning and Zoning member Adrian Beazer said that Jared would probably be leaving in April or May. The Council decided to wait until a time closer to when Jared was leaving to approve Lance. Council Reports. Mayor Andersen said that he had received a flyer in the mail regarding residential windmills and suggested that the Council started to think about the issue and perhaps put an ordinance in place as a safe guard. Clerk Keyes said that the subject was on the agenda for the next planning and zoning meeting. Approval of delinquent water ordinance. Council member Gubler made a motion to approve the ordinance amending section 8-2-34 of the City code regarding administrative procedures for delinquent water accounts; increasing delinquency fee from $2.00 to $5.00; increasing amount of disconnect and reconnect fees; providing for methodology; preserving prior ordinance; providing for severability; and establishing an effective date and that the City dispense with the rule requiring that the ordinance be read in full and on three separate occasions and that we pass the rule on all three readings. Council member Shaw seconded the motion. Roll call as follows: AYE: Council president McArthur, Council member Elliott, Council member Shaw, Council member Gubler. NAY: None. Motion carried, delinquent water ordinance approved. Council Reports. Mayor Andersen asked Chief Basaraba to explain the speed zone in front of the school. Chief Basaraba said that he had the signs moved back to the edge of the school property instead of just before the cross walk thus increasing the speed zone area and that the speed limit signs were now in the same location for both directions of traffic. Chief Basaraba also said that he had made the suggestion during the advisory board meeting to have a uniform speed limit throughout the entire City of 25 mph unless other wise posted. The other speed limits would be the school zone and 35 mph through the main arterials like 55th and Iona Rd. Chief Basaraba said that this would create a buffer zone between the 35 mph and the school zone. Mayor Andersen said that he, along with Chief Basaraba, was going to talk to the County and ask if the 35 mph speed limit sign on the north end of 55th and the west end of Iona Rd could be moved back so that traffic would slow down to 35 mph before entering the residential area of Iona. Council president McArthur said that the tree committee meeting was cancelled due to an illness and that it will be rescheduled. President McArthur said that two big trees on the east end of the park had been cut down and hauled away. Mayor Andersen asked President McArthur to email the Council when a big job like tree removal was taking place and perhaps more people could help. Council member Elliott, no report. Council member Shaw, no report. Treasurer Nelson no report. Supervisor Prouse, no report. Council member Gubler said that he would like Clerk Keyes add to January's newsletter asking the public to notify the Mayor or Police Chief if they had any information regarding the recent vandalism at the new church. Chief Basaraba said that the Bonneville County Sheriff had not communicated with the City regarding the vandalism and that the City had to learn about the incident on the news. Mayor Andersen entertained a motion to adjourn. Council president McArthur made a motion to adjourn; Council member Shaw seconded the motion. All were in favor. Adjourned 6:30 p.m CITY OF IONA ** B U D G E T R E P O R T* FOR 11-30-08 PAGE 3 ( **** GENERAL FUND **** ESTIMATED * * R E C E I P T E D * * UNRECEIPTED PERCENT FUND ACCOUNT# ACCOUNT TITLE REVENUE MTD YTD BALANCE RECEIPTED 001 305.000 STATE HIGHWAY USERS 48,000.00 .00 11,185.43 36,814.57 001 310.000 STATE REVENUE SHARING 44,000.00 11,378.39 11,378.39 32,621.61 001 315.000 STATE LIQUOR TAX 24,000.00 .00 7,110.00 16,890.00 001 320.000 BEER & DOG LICENSES 200.00 .00 .00 200.00 001 325.000 COURT REVENUE 1,800.00 217.35 247.50 1,552.50 001 330.000 INTEREST 4,000.00 93.66 217.32 3,782.68 001 335.000 CABLE TV FRANCHISE 3,600.00 .00 .00 3,600.00 001 340.000 NATURAL GAS FRANCHISE 10,000.00 1 025.34 1,025.34 8,974.66 001 345.000 POWER FRANCHISE 12,000.00 .00 4,034.50 7,965.50 001 355.000 BUILDING RENT 5,000.00 781.25 1,758.75 3,241.25 001 357.000 BUILDING INSPECTION FEES 15,000.00 130.00 2,125.00 12,875.00 001 358.000 GRANTS 10,000.00 .00 .00 10,000.00 001 360.000 PROPERTY TAX REVENUE 180,000.00 6,069.04 8,436.92 171,563.08 001 390.000 MISCELLANEOUS REVENUE 6,000.00 100.25 150.25 5,849.75 001 395.000 RESERVES 50,000.00 .00 .00 50,000.00 23.30 25.86 29.63 13.75 5.43 10.25 33.62 35.18 14.17 4.69 2.50 **TOTAL GENERAL FUND REVENUE 413,600.00 19,795.28 47,669.40 365,930.60 11.53 **** GENERAL FUND **** ESTIMATED * *EXPENDED* * UNEXPENDED PERCENT ACCOUNT# ACCOUNT TITLE EXPENSE MTD YTD BALANCE EXPENDED 001 410.000 PAYROLL 96,000.00 9,705.00 20,702_00 75,298.00 21.56 001 420.000 RETIREMENT 8,000.00 1,142.99 2,082.92 5,917.08 26.04 001 422.000 HEALTH INSURANCE 21,000.00 2,491.64 6,974.96 14,025.04 33.21 001 424.000 PAYROLL TAXES 9,000.00 841.31 1,560.07 7,439.93 17.33 001 440.000 ELECTRICITY - NATURAL GAS 24,000.00 1,404.51 2,577.32 21,422.68 10.74 001 445.000 OFFICE SUPPLIES 9,000.00 229.03' 755.66 8,244.34 8.40 001 446.000 TRAVEL 6,000.00 .00 .00 6,000.00 001 447.000 ADVERTISING 2,000.00 165.84 165.84 1,834.16 8.29 001 450.000 INSURANCE LIABILITY 8,500.00 .00 3,573.00 4,927.00 42.04 001 455.000 LEGAL & AUDIT FEES 10,000.00 600.00 1,200.00 8,800.00 12.00 001 460.000 POLICE 40,000.00 2,332.00 5,502.18 34,497.82 13.76 001 465.000 VEHICLE RENT 5,000.00 .00 5,000.00 .00 100.00 001 470.000 MAINTENANCE 90,000.00 2,190.11 10,508.21 79,491.79 11.68 001 472.000 BUILDING INSPECTIONS 6,000.00 923.00 2,185.00 3,815.00 36.42 001 475.000 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 .00 1,031.00 4,969.00 17.18 **TOTAL GENERAL FUND EXPENSES 413,600.00 22,025.43 63,818.16 349,781.84 15.43 **NET EXCESS OR DEFICIENCY(-) 2,230.15- 16,148.76- 16,148.76 CITY OF IONA * *BUDGET 11-30-08 R E P O R T** 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 13,378.50 27,256.00 126,744.00 002 310.000 HOOK UP FEES 45,000.00 .00 6,000.00 39,000.00 002 315.000 INTEREST 2,500.00 37.58 113.35 2,386.65 002 350.000 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 17.70 13.33 4.53 **TOTAL WATER FUND REVENUE 289,000.00 13,416.08 33,369.35 255,630.65 11.55 **** WATER FUND **** ESTIMATED FUND ACCOUNT# ACCOUNT TITLE EXPENSE ** E X P E N D E D** MTD YTD UNEXPENDED PERCENT BALANCE EXPENDED 002 410.000 SALARIES & BENEFITS 55,000.00 .00 .00 55,000.00 002 440.000 ELECTRICITY 25,000.00 2,229.05 5,454.88 19,545.12 21.82 002 445.000 OFFICE, SUPPLIES, LEGAL 8,000.00 854.23 2,439.23 5,560.77 30.49 002 450.000 ENGINEERING COSTS 20,000.00 .00 .00 20,000.00 460.000 VEHICLE EXPENSE .00 .00 .00 465.000 VEHICLE RENT 7,000.00 .00 7,000.00 .00 100.00 002 470.000 REPAIRS & MAINTENANCE 40,000.00 1,823.36 5,087.19 34,912.81 12.72 002 480.000 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 .00 3,582.67 85,417.33 4.03 002 497.000 WATER SYSTEM UPATE .00 .00 .00 **TOTAL WATER FUND EXPENSE 314,000.00 4,906.64 23,563.97 290,436.03 7.50 **NET EXCESS OR DEFICIENCY(-) 25,000.00- 8,509.44 9,805.38 34,805.38- 39.22- CITY OF IONA *BUDGET R E P O R T** 11-30-08 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 ** E X P E N D E D** MTD YTD UNEXPENDED PERCENT BALANCE EXPENDED 003 410.000 EQUIP REPLACEMENT --WATER 40,000.00 .00 .00 40,000.00 003 415.000 EQUIP REPLACEMENT --GENERAL 40,000.00 .00 .00 40,000.00 003 490.000 EQUIPMENT PURCHASE .00 .00 .00 **TOTAL EQUIP REPLACEMENT EXPENSE 80,000.00 .00 .00 80,000.00 **NET EXCESS OR DEFICIENCY(-) .00 .00 .00 CITY OF IONA * *BUDGET REPORT** 144011-30-08 PAGE 6 **** RECREATION FUND **** ESTIMATED * * R E C E I P T E D * * UNRECEIPTED PERCENT FUND ACCOUNT# ACCOUNT TITLE REVENUE MTD YTD BALANCE RECEIPTED 004 305.000 BASEBALL FEES 12,000.00 .00 .00 12,000.00 004 310.000 SHELTER RENTAL 500.00 .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 .00 25.00 12,975.00 .19 **** RECREATION FUND **** ESTIMATED FUND ACCOUNT# ACCOUNT TITLE EXPENSE * *EXPENDED** MTD YTD UNEXPENDED PERCENT BALANCE EXPENDED 004 410.000 RECREATION EQUIPMENT 1,000.00 .00 004 415.000 RECREATION LABOR 5,000.00 .00 004 420.000 BASEBALL SUPPLIES 3,000.00 .00 004 470.000 RECREATION MAINTENANCE 4,000.00 .00 **TOTAL RECREATION FUND EXPENSE .00 .00 .00 .00 1,000.00 5,000.00 3,000.00 4,000.00 13,000.00 .00 .00 13,000.00 **NET EXCESS OR DEFICIENCY(-) .00 25.00 25.00- ORDINANCE NO. 9 (9- lb, v Longhurst Annexation AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF IONA, IDAHO; DESCRIBING THESE LANDS; REQUIRING THE FILING OF THE ORDINANCE AND AMENDED CITY MAP AND AMENDED LEGAL DESCRIPTION OF THE CITY WITH THE APPROPRIATE COUNTY AND STATE AUTHORITIES; AND ESTABLISHING EFFECTIVE DATE. WHEREAS, the land described in Exhibit "A" attached hereto is contiguous and adjacent to the City of Iona and is subject to annexation to the City of Iona pursuant to the provisions of Section 50-222, Idaho Code, as amended; and WHEREAS, it appears to the Mayor and City Council that this land should be annexed to and become a part of the City; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO, AS FOLLOWS: Section 1. The land described in Exhibit "A" attached hereto is hereby annexed to the City of Iona. Section 2. The City Clerk shall file a certified copy of this Ordinance with the Bonneville County Auditor, Treasurer and Assessor within ten (10) days after the effective date hereof. The City Engineer shall, within ten (10) days after such effective date, file an amended legal description and map of the City, with the Bonneville County Recorder and Assessor and the Idaho State Tax Commission, all in accordance with Idaho Code, Section 63-2215. Section 3. This Ordinance shall be effective upon its passage, execution and publication in the manner provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF IONA, on the day of December, 2008, and signed by the Mayor on the day of December, 2008. CITY OF IONA Brad Andersen Mayor ATTEST: Robyn Keyes City Clerk STATE OF IDAHO ) County of Bonneville I, ROBYN KEYES, CITY CLERK OF THE CITY OF IONA, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled, "AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF IONA, IDAHO; DESCRIBING THESE LANDS; REQUIRING THE FILING OF THE ORDINANCE AND AMENDED CITY MAP AND AMENDED LEGAL DESCRIPTION OF THE CITY WITH THE APPROPRIATE COUNTY AND STATE AUTHORITIES; AND ESTABLISHING EFFECTIVE DATE." Robyn Keyes City Clerk - 3 - EXHIBIT A Beginning at the North Quarter Corner of Section 12, Township 2 North, Range 38 East of the Boise Meridian, to the County of Bonneville, State of Idaho; running thence S00° 9'14"W. along the North -South Center Section line 2538.03 feet to the TRUE POINT OF BEGINNING, said TRUE POINT OF BEGINNING being the Center Quarter Corner of said Section; running thence S00°09'14"W. along said North -South Center Section line 180.00 feet; thence S89°50'46"E. 301.69 feet; thence N00°09'14"E. 190.23 feet to the South right-of-way line of Eastern Idaho Railroad; thence S88° 12'45"W. along said South right-of-way line 301.87 feet to the TRUE POINT OF BEGINNING. CONTAINING: 1.282 acres. - 4 - ORDINANCE NO. 9 I - %J 'U31 Hunting Annexation AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF IONA, IDAHO; DESCRIBING THESE LANDS; REQUIRING THE FILING OF THE ORDINANCE AND AMENDED CITY MAP AND AMENDED LEGAL DESCRIPTION OF THE CITY WITH THE APPROPRIATE COUNTY AND STATE AUTHORITIES; AND ESTABLISHING EFFECTIVE DATE. WHEREAS, the land described in Exhibit "A" attached hereto is contiguous and adjacent to the City of Iona and is subject to annexation to the City of Iona pursuant to the provisions of Section 50-222, Idaho Code, as amended; and WHEREAS, it appears to the Mayor and City Council that this land should be annexed to and become a part of the City; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO, AS FOLLOWS: Section 1. The land described in Exhibit "A" attached hereto is hereby annexed to the City of Iona. Section 2. The City Clerk shall file a certified copy of this Ordinance with the Bonneville County Auditor, Treasurer and Assessor within ten (10) days after the effective date hereof. The City Engineer shall, within ten (10) days after such effective date, file an amended legal description and map of the City, with the Bonneville County Recorder and Assessor and the Idaho State Tax Commission, all in accordance with Idaho Code, Section 63-2215. Section 3. This Ordinance shall be effective upon its passage, execution and publication in the manner provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF IONA, on the day of December, 2008, and signed by the Mayor on the day of December, 2008. CITY OF IONA ATTEST: Robyn Keyes City Clerk oft Brad Andersen Mayor STATE OF IDAHO ) County of Bonneville I, ROBYN KEYES, CITY CLERK OF THE CITY OF IONA, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled, "AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF IONA, IDAHO; DESCRIBING THESE LANDS; REQUIRING THE FILING OF THE ORDINANCE AND AMENDED CITY MAP AND AMENDED LEGAL DESCRIPTION OF THE CITY WITH THE APPROPRIATE COUNTY AND STATE AUTHORITIES; AND ESTABLISHING EFFECTIVE DATE." Robyn Keyes City Clerk - 3 - EXHIBIT A That portion of the West Half of the North Half of the Southeast Quarter (W1/2 N1/2SE1/4) of Section 12, Township 2 North, Range 38 East, of the Boise Meridian, Bonneville County, Idaho, described as: Commencing at a point 180 feet South of the point where the South line of the existing railroad right-of-way intersects the West Quarter Section line of the Southeast Quarter (SE1/4) of Section 12, Township 2 North, Range 38 East, of the Boise Meridian, and running thence East 242 feet; thence South 180 feet; thence West 242 feet to the West Quarter Section line; and thence North along said West Quarter Section line 180 feet to the point of beginning. CONTAINING: 1. acre. - 4 - ORDINANCE NO. ' `I-0 Si AN ORDINANCE OF THE CITY OF IONA, IDAHO, AMENDING SECTIONS 9-4-5, 9-4-21, 9-4-22 and 9-4-23 OF THE CITY CODE OF IONA, IDAHO; RELATING TO THE PARKING AND STORAGE OF MOTOR VEHICLES ON PUBLIC STREETS; PRESERVING PRIOR ORDINANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO, THAT: Section 1. Section 9-4-5, Iona City Code, Repealed and Re-enacted. Section 9-4-5 of the City Code of Iona, Idaho, is hereby repealed and re-enacted as follows: 9-4-5: STORAGE OF VEHICLES ON PUBLIC STREET: (A) It shall be unlawful for any automobile dealer to park or place any "vehicle" as defined under Idaho Code § 49-123, upon any public street, alley or right-of-way within the City for the purpose of selling or offering such vehicle for sale or lease. For the purposes of this section, an automobile dealer is defined as any person who regularly engages in the sale or offering for sale of motor vehicles for profit or pecuniary gain of any kind. (B) It shall be unlawful to park or place any vehicle upon any public street, alley or right- of-way located within the City for a period of more than seven (7) consecutive days at the same location. For the purposes hereof, the term "location" shall mean an area within five hundred feet (500') in any direction from the exterior surface of such vehicle. (C) It shall be unlawful to park or place any vehicle upon any road way as defined above, from and including the period commencing on Thanksgiving Day to and until Easter Sunday of the following year, between the hours of 6:00 a.m. and 12:00 noon, Monday through Friday, inclusive, except within areas lawfully designated for loading and unloading of goods and materials or within any other area lawfully designated as exempt from the provisions of this section, or except for the purpose of temporarily parking a bus or other public conveyance while loading or unloading of passengers. (D) Nothing in this Chapter shall be construed to prohibit the parking upon a public street of police vehicles, fire trucks or other emergency vehicles, or vehicles operated by a licensed physician while responding to an emergency call, from parking or allowing the parking of such motor vehicle during the course of responding to such emergency call or to prohibit the parking of public safety vehicles, snow removal vehicles, publicly owned maintenance vehicles or police vehicles. (E) Any vehicle parked or stored in violation of this Chapter may be removed by or under the direction of any peace officer and may be impounded in accordance with the provisions of this chapter or as otherwise provided by law. (F) For the purposes of this chapter, the term "street' shall have the same meaning as the term "road -way" is defined under Idaho Code § 49-119. Section 2. Section 9-4-21, Iona City Code Repealed and Re-enacted. Section 9-4-21 of the City Code of Iona, Idaho, is hereby repealed and re-enacted as follows: 9-4-21: ENFORCEMENT ON PRIVATE PROPERTY: No person shall park or allow the parking of a vehicle on any privately owned lot or property without the express or implied consent of the owner thereof. Section 3. Section 9-4-22, Iona City Code Repealed and Re-enacted. Section 9-4-22 of the City Code of Iona, Idaho, is repealed and re-enacted as follows: 9-4-22: NOTICE OF VIOLATION: (A) Any police officer or other person duly authorized by the Chief of Police or Mayor may issue a Notice of Violation to any person who violates the provisions of this Chapter. The Notice of Violation shall be issued by placing it on the windshield of an illegally parked vehicle, in a secure manner, or in a prominent place therein. A separate Notice of Violation shall be issued for each parking regulation violated. If the violation is for overtime parking, a separate notice shall be issued for each hour, or fraction thereof, the owner or operator of the vehicle allows it to remain parked in violation of this chapter. (B) The notice of violation shall state the date and time when it is issued, the nature of the parking violation observed and the amount of the penalty as provided in section 9-4-23 of this chapter. The notice shall advise the owner or operator of the vehicle that he or she must admit the violation and pay the penalty therefor or deny the violation and deliver a written notice of such denial to the City Clerk, within twenty one (21) days of the date the notice of violation is issued, in default of which an Idaho uniform citation or summons and criminal complaint may be served upon -2- such person. (C) Any person issued a Notice of Violation may enter an admission in the following ways: 1. By depositing the Notice of Violation together with the amount of penalty stated thereon in any collection box designated by the Chief of Police; 2. By mailing the Notice of Violation together with the amount of the penalty stated thereon to the address indicated on the notice; or 3. By physically presenting the Notice of Violation together with the amount of the penalty indicated thereon at the office of the City Clerk or City Treasurer. Section 4. Section 9-4-23, Iona City Code Repealed and Re-enacted. Section 9-4-23 of the City Code of Iona, Idaho, is hereby repealed and re-enacted as follows: 9-4-23: PENALTIES: (A) Any person who violates any parking regulation herein, is guilty of an infraction and shall be subject to penalties as follows: 1. If the violator admits the violation and pays the penalty or delivers a written denial thereof to the City Clerk within twenty one (21) days of the date the notice is issued, the penalty, upon conviction or admission, shall be as follows: (a) Violation of any parking regulation set forth in this chapter, except section 9-4-19 (Handicap Parking), shall be $20.00. (b) Violation of section 9-4-19 (Handicap Parking), shall be $50.00 2. If a person violates any parking regulation and he or she fails to either deliver a written denial to the City Clerk or to admit the violation and pay the penalty as provided in the previous subsection within twenty one (21) days of the date the notice is issued, the penalty, upon conviction or admission, shall be as follows: (a) Violation of any parking regulation set forth in this chapter, except section 9-4-19 (Handicap Parking), shall be $40.00. (b) Violation of section 9-4-19 (Handicap Parking), shall be $100.00 (B) In the event any person violates any provision of this chapter within sixty (60) days of any prior violation of this chapter, the penalty therefor shall be double the -3- amounts set forth above. Section 5. Preservation of Prior Ordinance. The sections of the City Code repealed or amended by this Ordinance shall be preserved to the extent necessary to allow the arrest, prosecution and punishment of any person who violates such provisions prior to the effective date hereof. Section 6. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections or subsections. Section 7. Effective Date. This Ordinance shall become effective on its passage, execution and publication in the manner provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this day of December, 2008. ATTEST: Robyn Keyes City Clerk (SEAL) Brad Andersen Mayor -4- STATE OF IDAHO ) )ss. County of Bonneville ) I, ROBYN KEYES, CITY CLERK OF THE CITY OF IONA, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled: "AN ORDINANCE OF THE CITY OF IONA, IDAHO, REPEALING AND RE- ENACTING SECTIONS 9-4-5, 9-4-21, 9-4-22 and 9-4-23 OF THE CITY CODE OF IONA, IDAHO; RELATING TO THE PARKING AND STORAGE OF MOTOR VEHICLES ON PUBLIC STREETS; PRESERVING PRIOR ORDINANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE." G:\WPDATA\DWS\2708 City of Iona\ORDWehicle Storage.ORD.v2.wpd:sm Robyn Keyes City Clerk -5- ORDINANCE NO. J.� i - I3 "0 3" AN ORDINANCE OF THE CITY OF IONA, IDAHO, AMENDING SECTION 8-2-34 OF THE CITY CODE OF IONA, IDAHO; REGARDING ADMINISTRATIVE PROCEDURES FOR DELINQUENT WATER ACCOUNTS; INCREASING DELINQUENCY FEE FROM $2.00 TO $5.00; INCREASING AMOUNT OF DISCONNECT AND RECONNECT FEES; PROVIDING FOR METHODOLOGY; PRESERVING PRIOR ORDINANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO, THAT: Section 1. Amendment of Section 8-2-34, Iona City Code. Section 8-2-34 of the City Code of Iona, Idaho, is amended as follows: 8-2-34: DELINQUENT ACCOUNTS: Whenever customer account is not paid within fiforty (5040) days from the past due date, the City Clerk shall assess a delinquency charge in the amount of $25 for each month the account is delinquent. The City may also terminate water service to the delinquent customer and in such event a disconnect fee in the amount of $25thirty-five dollars ($35.00) shall be added to the bill. Interest at a rate of one percent (1 %) per month shall accrue on the unpaid balance of all delinquent accounts, including any unpaid delinquency charges or disconnect fees. If service is terminated for delinquency, it shall not be restored until the account is brought current, the delinquency charge and the disconnect fee are paid in full, and a reconnect fee of $-2.5thirty-five dollars ($35.00) is paid in full or unless a written agreement for payment is approved by the Council. The disconnect fee shall be payable whenever a service trip is made for the purpose of disconnecting water service even though service is not actually disconnected. Partial payments shall be applied first to any unpaid delinquency charges or disconnect fees and then to the outstanding utility charges in the same order as the utility charges were accrued. Section 2. Methodology. For the purpose of this Ordinance, text that is underlined in the preceding sections means new text added to the former Ordinance or City Code Section, and text that is stricken through means text that is being deleted from the former Ordinance or Code Section. Text that is moved from one location in the former Ordinance to another is similarly shown as underlined text. PRI Section 3. Preservation of Prior Ordinance. The sections of the City Code repealed or amended by this Ordinance shall be preserved to the extent necessary to allow the arrest, prosecution and punishment of any person who violates such provisions prior to the effective date hereof. Section 4. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections or subsections. Section 5. Effective Date. This Ordinance shall become effective on its passage, execution and publication in the manner provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this day of December, 2008. ATTEST: Robyn Keyes City Clerk (SEAL) Brad Andersen Mayor STATE OF IDAHO ) )ss. County of Bonneville ) I, ROBYN KEYES, CITY CLERK OF THE CITY OF IONA, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled: "AN ORDINANCE OF THE CITY OF IONA, IDAHO, AMENDING SECTION 8-2-34 OF THE CITY CODE OF IONA, IDAHO; REGARDING ADMINISTRATIVE PROCEDURES FOR DELINQUENT WATER ACCOUNTS; INCREASING DELINQUENCY FEE FROM $2.00 TO $5.00; INCREASING AMOUNT OF DISCONNECT AND RECONNECT FEES; PROVIDING FOR METHODOLOGY; PRESERVING PRIOR ORDINANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE." Robyn Keyes City Clerk G:\W PDATA\DWS\2708 City of Iona\ORD\Delinquent Account.ORD.cmp.2v1.wpd:sm *Clog 3s ST.4% p&u.0 + airnie0 104 21on 1 I95' htSio as s.td I know there was confusion at the last council meeting after I left. This is to help clarify where the school was posted and how it is now posted. As you can see, the school zone is much larger than it was. I moved the signs across from one another otherwise I cannot enforce the speed limits. I also moved the signs to the school property boundaries. Just for your information, I have watched the crosswalk at Main and Iona Rd. %Z before school and %: hour after school and I have yet to see a child use this crosswalk. This is not to say it is not used. It is just to say that children are not using it while going to or coming from school. I hope this clarifies the changes because the individual who brought this up was a little confused on how this used to be posted prior to the change. It was not posted at the 612. NOTICE A CITY COUNCIL MEETING WILL BE HELD 5:30 P.M. DECEMBER 16, 2008 AT THE IONA COMMUNITY CENTER 3548 N MAIN ST. IONA, ID. Robyn Wes City Clerk