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HomeMy Public PortalAboutMinutes_CCMeeting_08192008CITY COUNCIL MEETING AUGUST 19, 2008 6:30 P.M. AT THE COPMMUNITY CENTER 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, Darlene Wilde, Herb Wilde, Bruce Case, Sally Price, Janelle Fullmer, Angela Black, Amber Vest, Jeff Hart, Craig Leigh, Jeff Long, Miranda Webb, Jarvis Webb, Wayne Olsen, Natalie Jenkins, Alan Jenkins, Lis Lott, Dean Hunting, Dixie Hunting, Jack Carlisle, Julie Carlisle, Ellie Winfield, Jeanna Hill, Jared Hill, Rene Cook. Mayor Andersen brought the meeting to order and led the Pledge of Allegiance. The consent agenda was reviewed. Council member Dan Gubler noted that on page 2 of last months minutes, the word bid regarding the trash mandate, needed to be changed to the word proposal. The correction was noted. The expense report was reviewed. Mayor Andersen asked Treasurer Nelson to remind him what UAP DIST. referred to. Treasurer Nelson said that it referred to the company that the City bought the mosquito chemicals from. Council member Steve Elliott asked what the expense for Great Impressions was for, Mayor Andersen and Treasurer Nelson explained that was for prizes for the Fun Run and T-Ball. Council member McArthur asked that the coupon book was for, the Mayor said that was for prizes for the car show during Iona Days. Council member Gubler asked what the Holden Kidwell expense was for, it was explained that was the City attorney's retainer fee. Council member Gubler asked what the Keller and Associates bill was, the Mayor said for the water study. Council member McArthur asked what water district 120 was, Treasurer Nelson said that was an annual fee and he was not sure which service that was. Mayor Andersen asked Treasurer Nelson to look into which service that was. The financial report was reviewed. Treasurer Nelson noted that the City was 2/3 through August and that September was the last month of the fiscal period. Mayor Andersen asked if the bill had come in for the seal coating of the streets. P/W Supervisor Prouse said that it had not. Council member Gubler noted a charge for seal coating on the report, P/W Supervisor Prouse said that was for the walking path in the park and that the seal coating for the streets would probably be just under $30,000.00. Treasurer Nelson said that there was a total of $40,000.00 set aside for the roads. Council member Gubler noted that the cost of the two ball diamonds would total $7,678.00 and that concrete would be poured later in the week that would add to that expense. Mayor Andersen said that the City had better wait until all the bills came in to do anymore repairs. Delinquent water bills were reviewed, P/W Supervisor Prouse explained that Code Enforcement Officer Probert sent notices out to accounts 6 months past due. All were collected on except 2, P/W Supervisor Prouse turned their water off, and they then paid their bill in full. Mayor Andersen entertained a motion from the Council to approve the consent agenda. Council member McArthur made a motion to approve the consent agenda. Council member Elliott seconded the motion. All were in favor. Motion Carried. 1 PUBLIC HEARING: PROPOSED BUDGET FOR FISCAL YEAR 2008-2009 6:45 P.M. The proposed budget was reviewed. Mayor Andersen said that he and Treasurer Nelson discussed the proposed budget after the Mayor had met with the County Clerk, Ron Longmore. One of the noted changes was under the proposed revenues general tax levy fund; the correct amount should read $180,000.00 instead of $170,000.00. The added $10,000.00 from the tax levy will then go into the general fund in the proposed expenditures as the second change and will now read $413,600.00 instead of $403,600.00. Mayor Andersen said that the added amount into the general expenditures could go toward capital improvements such as the bathrooms in the park. Treasurer Nelson noted an added expense to the police fund. The City of Iona should have been paying the County a dispatch fee, which would come out of the police fund. City Clerk Robyn Keyes noted the changes. Mayor Andersen asked if the public had any questions. Michael Schreier asked why the water fund was so high for FY 2007-2008. Mayor Andersen replied that the City was anticipating a water bond for that fiscal year. Bruce Case asked where all of the money goes for the general expenditures fund. He was given a detailed copy to review. Bruce Case also asked what the City would have done with the proposed 2 million dollars for the water fund. Mayor Andersen answered that money would have been used for a tank replacement, upgrade #3 well and the SCADA system, etc. Mayor Andersen explained that since the water rate was increased, more money will be available to take the existing tank off line and assess the needs and cost. Sally Price asked why there was a $30,000.00 increase in the payroll. Mayor Andersen said that the City had just hired a fulltime police/code enforcement officer. Sally Price also noted a second police fund of $40,000.00. Mayor Andersen said that was for dispatch fees, Bonneville County police coverage, and police expenses. Sally Price asked if the dispatch fees were that much and the answer was yes. Council member Gubler explained that the dispatch fee was to pay for any calls that dispatch receives such as 911 emergency, animal control, etc. Mayor Andersen entertained a motion from the Council to approve the budget. Council member Gubler made a motion to approve the budget for the 2008- 2009 fiscal year. Council member McArthur seconded the motion. Roll call as follows: AYE: Council member Dennis McArthur Council member Steve Elliott Council member Jane Shaw Council member Dan Gubler NAY: None. Motion carried. Budget approved. Public hearing closed 7:00 p.m. PUBLIC HEARING: JANELLE FULLMER CONDITIONAL USE PERMIT 7:00 P.M. Mayor Andersen read the minutes from Janelle's first public hearing with the Planning and Zoning Commission to the public. See appendix A. Mayor Andersen asked if Janelle Fullmer had anything new she would like to bring forth. Mrs. Fullmer proposed that a condition to her permit would be that she designated a pick 2 up, drop off place and that the children would be shuttled in one or two cars to the studio to help alleviate the traffic issues. Mayor Andersen asked who would do the shuttling; Janelle said that she would, along with one other mother. Mrs. Fullmer explained that she understood the liabilities that go along with shuttling. Mayor Andersen asked if any one would like to speak that was in favor of the request. Michael Schreier said that he was for the studio and that the City should not use traffic as a basis for denial when the City has other areas in town with the same traffic issues that are being allowed to operate such as Nancy Long's Preschool and the day care on Olsen Streeet. Mayor Andersen replied that Nancy Long had her preschool before the code book was adopted and that she was protected under the grandfather clause and that the daycare on Olsen is only allowed 7 children and is a different traffic situation. Mayor Andersen thanked Mr. Schreier for his comments and asked if anyone else had a comment, 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 would like to speak that had not already spoke at the P/Z hearing. No one did. Mayor noted that Mrs. Fullmer gave her rebuttal at the beginning and asked the Council if they had any questions. Council member McArthur asked if the request would involve a zone change, the Mayor said that it would not, it would remain an R1 zone. Council member Elliott asked if all of the neighbors were against the request, Clerk Keyes answered that there was one neighbor in favor but that was all. Mayor Andersen asked if there were any more questions, there were not. The Mayor entertained a motion from the council. Council member Dennis McArthur moved that the Council support the Planning and Zoning decision to deny the request. Council member Steve Elliott seconded the motion. Mayor Andersen asked if there was any further discussion. Council member Gubler said that the City had designated certain areas in the City for commercial use and said that with the condition use permits he did not want to view them as a commercial venture. Janelle Fullmer said that when she bought the property from Gene Rockwood that she asked him if she could put a dance studio on her property, Mr. Rockwood said that the only thing the covenant's stated was that Janelle's shop had to be 20 feet in from the property line, she could not create more noise, she could not have cars parked on the street and could not have a sign. Jeff Hart stood up and said that he too purchased land in the edition and that a commercial business was not allowed. Mayor Andersen said that it is hard to police traffic issues. Mayor Andersen asked for a roll call. Roll call as follows: AYE: Council member Dennis McArthur Council member Steve Elliott Council member Jane Shaw Council member Dan Gubler NAY: None Motion carried. Request denied. Public hearing closed 7:15 p.m. PUBLIC HEARING JACK AND JULIE CARLISLE CONDITIONAL USE PERMIT 7:15 P.M. 3 Mayor Andersen read the minutes from the Carlisle's first public hearing with the Planning and Zoning Commission to the public. See Appendix B. Mayor Andersen asked Clerk Keyes to enter into the minutes a letter from Dave Huntsman, who was opposed to the request. See attached letter. Mayor Andersen asked the Carlisle's if they had any more comments. Mrs. Carlisle read the description from Wikipedia regarding the description of a boarding house. Mrs. Carlisle said that they wanted to retain the historical value of the house and if they rented it would be considered low income housing because of its size. Mayor Andersen thanked Mrs. Carlisle and said that a question he had was; who would over see the business? Julie said that she and her family would. Mayor Andersen asked if the Carlisle's had two different issues and asked if the Carlisle's wanted the bed and breakfast combined with the commercial kitchen. Mrs. Carlisle said that she did. Jack Carlisle apologized to his neighbors for not including them in the plan and said that the house was open for anyone to go look at. Mayor Andersen asked if there was any further comment, there was not so he turned the time over to the Council. Council member Shaw asked if the Carlisle's would have employees with either the bed and breakfast or the catering business. They said that they would not. Council member Shaw also said that she did not foresee traffic being an issue anymore than if they rented the house. Mayor Andersen commented that if the Council chose to go against P/Z recommendations, then there are conditions that can be put on the permit. Mayor Andersen asked if there were any further discussion, there was not. Mayor Andersen entertained a motion from the Council. Council member Steve Elliott made a motion to deny the request based upon the fact that the Planning and Zoning Commission denied the request and based upon the fact that 95% of the neighbors are opposed to the permit. Council member Dennis McArthur seconded the motion. Mayor Andersen asked if there were any further questions. Council member Gubler stated that it would have been beneficial for the Carlisle's to involve the neighbors more, and the he thinks a bed and breakfast would augment the City but that it needed to be approved by the community. Roll call as follows; AYE: Council member Dennis McArthur Council member Steve Elliott Council member Dan Gubler NAY: Council member Jane Shaw Motion carried. Request denied, public hearing closed 7:35 p.m. Julie Carlisle asked if she could apply for separate use permits. Mayor Andersen answered yes. The trash mandate was discussed. Mayor Andersen turned the time over to Council member Gubler. Council member Gubler reviewed last months meeting and said that the City met with PSI trash company regarding the issue, but that PSI had not set a price. Council member Gubler said that the Council would like more input from the public and said that two possible ways to settle the issue would be either the City would mandate the trash collection service or it could go to a public vote. Herb Wilde said that he opposed the mandate and would like to continue to have a choice upon which trash service he 4 chooses. Mr. Wilde asked what the City might gain by the mandate. Council member Gubler said that by having a contract, the company is obligated to provide service and that there would be a cost savings for those already subscribing to the service. The Mayor said that the Council was looking at the option of putting the issue to a public vote. The Mayor stated that the positive side of the issue was there will be a cost saving for those already subscribing to a trash collection service and that there will be only one collection day per week therefore, trash receptacles will not be on the road several different days and there would be less wear and tear on the road. The negative side of the issue was there would be an added cost for those that choose to haul their own trash and the City would have to cover the cost each month for those payments that were delinquent. Michael Schreier said that it is illegal for cities to mandate a trash service unless the City has its own garbage truck and crew. Council member Gubler said that the law stated that if a city provided its own service then that city had to compensate the individuals that it put out. (Mayor Andersen called the City attorney to ask about the issue). Dixie Hunting said that she would like the issue to go to a vote and that she was happy with the service that she has now. Wayne Olsen said that his property taxes pay for him to haul his own trash. Ellie Winfield said that she had two garbage cans and that the company she goes with only charged her for one in the winter because her use goes down in the winter. Ellie also said that a contract didn't mean much, and referenced the issues with the sewer district. Mayor Andersen returned from his phone call to the attorney and said that a mandate was not illegal. The Mayor also said that the attorney suggested two options, one was to enter into a contract through an RFP (Request For Proposal) and the other was to contract with the company as a franchise. Treasurer Nelson asked if either company could contract as a franchise, the Mayor said he was not sure at that point. The Mayor reiterated that the City wanted to do what was best for the people, and that the Council was just gathering information at that point. The Mayor stated that the City conducted a comprehensive plan a couple of years ago asking the residents what direction they would like to see the City go regarding different issues. In that study, over 70% of the Iona residents said that they would like to see a trash collection service as part of the plan. The Council decided to discuss the issue again at a later date. Mayor Andersen told the audience that Council member Gubler had attended a school district 93 meeting and explained to the public the decision that the district had made regarding bussing. The school district would no longer bus children to school that live 1 '/2 miles or closer to the school. The district also requested that the children stay off of the main arterial streets due to heavier traffic. Council member Gubler stated that the children living in the Barnes addition would have to walk to school along Free Ave. Public Works Supervisor Prouse said that he met with Bonneville County Road and Bridge and that two cross walks were going to be installed, one across 50th (Crook Rd.) at Free Ave. and the other from Free Ave onto the walking path at Main St. Supervisor Prouse said that the intersection on Free Ave. and 50th was not constructed properly and a three way stop could not be installed at this time. Jared Hill said that he lived at that intersection and that cars often speed. Supervisor Prouse suggested lowering the speed limit. Jeanna Hill said that would not slow people down, Council member Gubler said that law enforcement would slow the traffic down. Supervisor Prouse said that another option would be to put a walking path through the undeveloped part on Denning but that 5 would be a great expense. Rene Cook said that a cross walk was an insane option and that her kindergartener would have to walk to school all alone and cross 50th alone. The Mayor asked Rene what she would like the City to do. Rene Cook said that she wanted a three way stop at the intersection and that she wanted it now! Mayor Andersen restated what Zech had said, that Bonneville County Road and Bridge said that the intersection was not constructed for a three way stop. Rene Cook said that the City needed to hire a crossing guard. The Mayor said the City? Rene Cook said absolutely! Barbara Schreier said that the school district should hire the crossing guard. Council member McArthur asked Supervisor Prouse what it would take to make the intersection a three way stop. Supervisor Prouse said that the intersection would have to be completely reconstructed and engineered. Jared Hill asked why. Supervisor Prouse said that the way the radius was constructed, it would have to be reduced in the intersection to fit a manual control device that is required to make it a T intersection and put up a three way stop. It was also noted that is the intersection was not constructed properly and there was an accident, the City could be held liable. The Mayor said that the City would have an officer in place by next month. Supervisor Prouse said that the County Sheriff always increased patrol during school hours and that the corner in question would be a good place for the Sheriff to sit. Mrs. Hill said that she lived on that corner and her daughter was almost hit by a car. Council member Gubler asked what the ramifications of going against the advice of the County would be. Council member Gubler wanted to go ahead and put in the stop signs. Troy Cook said that he was in favor of a walking path through Denning. The Mayor stated that there were some land ownership and fencing issues with Denning. The Mayor stated that the City cared very much about the situation and was trying to find a solution. Mark Andersen asked if there was any way the City could talk to the district about a cross walk. Jeanna Hill suggested that in the winter, not having cars park in the easement so there is more room for the children to walk. Rene Cook asked if the district had money available for the issue. Council member Gubler said that the district had grant money and when asked when the money would be available, the district did not know. Council member Elliott said that he saw crossing guards on South Boulevard helping the children cross. Council member Shaw said that the school district payed for them. Mayor Andersen suggested organizing a group of parents to take turns at the cross walk. The Mayor thanked the audience for their input and concern. Mayor Andersen discussed the Bonneville County Sheriff contract. The Mayor noted that if the City of Iona did not have a police officer on duty, then the County would charge the City $135.00 per day. Mayor Andersen said that he negotiated with the County to reduce the fee to $105.00 per day. Council member McArthur questioned the 25%, 75% split with citation fees. The Mayor explained that the split used to be 50% 50% but that the County reduced the split and that when the City officer issued a citation, the City got 100%. The Mayor said that he would sign the contract with the County. The Mayor went over the process of hiring the new police officer. Mayor Andersen said that the new officer was Shannon Basaraba and that it was a unanimous decision by the hiring panel to hire him. Treasurer Nelson asked when officer Basaraba would begin work, Mayor Andersen as soon as he passed post, hopefully by the middle of September. 6 The personnel policy was reviewed and a date change on the back page was noted. Council member Gubler said that he would like to see legal representation present during the Council meetings. The Mayor said that the Historical Museum might need to apply for a conditional use permit for the Iona Historical Museum. Mayor Andersen said that he would check with the City attorney to find out for sure. Mayor Andersen entertained a motion to approve the personnel policy. Council member McArthur made a motion to approve the personnel policy with the date change. Council member Elliott seconded the motion. All were in favor. Mayor Andersen entertained a motion to approve the ordinance insertion sheets that the City attorney typed up regarding the water rate fee, water hook-up fee, and the street requirements. Council member Dan Gubler made a motion to approve Title 8 Chapter 2 Section 36 insertion sheet for the code book. Council member Steve Elliott seconded the motion. Council member Gubler made a motion to dispense with the rule requiring the ordinance to be read in full and on three separate occasions and that we pass the ordinance on all three readings. Council member Jane Shaw seconded the motion. All were in favor. Motion carried. Council member Jane Shaw made a motion to approve Title 10 Chapter 1 Section 8-18 insertion sheet for the code book and to dispense with the rule requiring the ordinance be read in full and on three separate occasions and that we pass the ordinance on all three readings. Council member Gubler seconded the motion. All were in favor. Motion carried. Council member Steve Elliott made a motion to approve Title 8 Chapter 2 Section 14 insertion sheet for the code book and to dispense with the rule requiring the ordinance be read in full and on three separate occasions and that we pass the ordinance on all three readings. Council member Shaw seconded the motion. All were in favor. Motion carried. Mayor Andersen left to attend a viewing for a funeral and Council President McArthur took over. Council member McArthur asked if Council member Gubler had a report. Council member Gubler said that a letter had been received by the City from a neighbor that was not in favor of the new ball diamond. Council member Gubler also stated that the park bathrooms needed to be brought up to ADA code and that he and Supervisor Prouse had looked into installing a new bathroom closer to the ball field. Councilmember Jane Shaw, no report. Council member Elliott gave his report and said that the historical committee was still working on getting their tax exempt ID number. Council member Gubler said that the fire district had obtained 2 new trucks and asked if the district could store 2 trucks in the City garage. Council member Gubler said that the Rexburg Museum would house the old fire truck that is in the garage now. Council member Elliott suggested writing up an agreement with the Rexburg Museum so that the truck is not forgotten about. 7 Council member McArthur said that the Baird's, whose son was just killed, would like to plant a tree at the park. The Council agreed that would be alright. Public Works Supervisor Prouse gave his report. Supervisor Prouse advised against putting in stop signs at Free Ave and 50th until the road is properly engineered, he did not want to see legal repercussions from improperly installed signs. Supervisor Prouse said that he would install 2 cross walks and that the seal coating was done. The street sweeper would sweep the rocks off of the streets next week. Supervisor Prouse said that on his way to the City Council meeting he noticed that there was a water leak between Glen Longhurst's and Ernie's and said that the two buildings were connected to one water line. Supervisor Prouse asked the Council's advice whether to install a T for separate shut off or to separate the two completely. The Council said that the two would have to be separated eventually and since he had to get down into the system to fix the leak, he might as well fix it the right way. Council member Elliott suggested that Zech should contact the owner of Ernie's, Allen Hansen and let him know what was going on. Supervisor Prouse informed the Council that the lease would be up for the back hoe in October and that the City had the option to either buy the back hoe they had been using for the last year for $68,000.00 or to lease another new back hoe. Council member Elliott asked how old the existing machine was. Supervisor Prouse said that the back hoe was a 2007 and had 200 hours on it. Council member Gubler stated concern with using too much of the equipment replacement fund and not leaving enough for other needs, such as the police car. Supervisor Prouse noted that there was enough funds available for the back hoe and other expenses. The Council decided not to purchase the existing back hoe and continue to lease a new one. Supervisor Prouse said that he was involved in a fund raiser for the March of Dimes and asked if anyone would like to contribute. The Council decided the City would contribute $200.00. Council member Steve Elliott made a motion to adjourn. Council member Jane Shaw seconded the motion. Adjourned at 9:20 p.m. cpij CybAr 8 NOTICE OF PUBLIC HEARING PROPOSED BUDGET FOR FISCAL YEAR 2008-2009 CITY OF IONA, IDAHO Notice is hereby given that the City Council of the City of Iona, Idaho will hold a public hearing for consideration of the proposed budget for the fiscal period October 1, 2008- September 30, 2009 pursuant to the provisions of Section 50-1002, IC., said hearing to be held at the Iona Community Center 3548 North Main Street, Iona, Idaho at 6:45 p.m., on August 19, 2008. At said hearing all interested persons may appear and show cause, if any they have, why said proposed budget should not be adopted. The proposed FY 08-09 budget is shown below as FY 08-09 proposed expenditures and revenues. PROPOSED EXPENDITURES FY 06-07 FY 07-08 Fund Name GENERAL WATER EQUIPMENT REPLACEMENT RECREATION TOTAL PROPOSED EXPENSE Fund Name Actual Expenditures $289,000 259,500 68,642 6,750 $623,892 Budget Expenditures $ 336,300 2,770,000 75,642 10,800 $3,192,742 PROPOSED REVENUES FY 06-07 FY 07-08 Actual Budget Revenues Revenues TOTAL GENERAL TAX LEVY PAYMENTS FROM STATE FRANCHISES GRANTS CASH CARRYOVER GENERAL FUND (OTHER) WATER FUND RECREATION FUND TOTAL REVENUES $ 128,000 105,000 20,900 10,000 78,642 15,100 259,500 6,750 $ 623,892 $ 144,144 113,000 23,800 20,000 75,642 35,356 2,700,000 10,800 $3,192,742 FY 08-09 Proposed Expenditures $413,600 314,000 80,000 13,000 $820,600 FY 08-09 Proposed Revenues $ 180,000 116,000 25,600 22,500 80,000 69,500 314,000 13,000 $ 820,600 I, Robyn Keyes, City Clerk of the City of Iona, Idaho certify that the above is a true and correct statement of the proposed expenditures by fund and the entire estimated revenues and other sources of the City of Iona, Idaho for the fiscal year 2008-2009; all of which have been tentatively approved by the City Council on July 15, 2008 and entered in length in the journal of Proceedings. Dated this 24th day of July, 2008 Robyn Keyes, City Clerk Published: August 4th and August l 1th, 2008 APPENDIX A PLANNING AND ZONING COMMISSION MEETING AUGUST 13, 2008 IONA COMMUNITY CENTER PUBLIC HEARING CONDITIONAL USE PERMIT REQUEST JANELL FULLMER 8:00 P.M. Janell Fullmer requested permission to build a shop for the purpose of a dance studio on her property located at 3819 McKibben Lane, Iona, Idaho. Fullmer's property is zoned R- 1. PRESENT; Chairman Jared Wight, Board members Adrian Beazer, Bruce Case, Brad Bateman, Roy Hobbs City Clerk Robyn Keyes VISITORS: Amber Vest, Natalie Williams, Janelle Fullmer, Sarah Long, Jeff Long, Lis Lott, Angela Black, Richard Black, Austin Black, Craig Leigh, Jeff Hart, Julie Aicher, Angie Huntsman, Dave Huntsman, Natalie Jenkins, Alan Jenkins, Debbie Stucki, Lamar Stucki P/Z Chairman Jared Wight explained the procedure for a public hearing and asked if there were any questions, there were not. Janell Fullmer showed the commission where the building would be located on her property and explained that she would have classes Monday through Thursday from 3:45 p.m. to 6:30 p.m. and that her class size would be between 8 to 12 children per class. Janell said that any class that had more than 12 students would be held at a different location. Janell also said that in a couple of her classes some of the parents might stay during the class, but that most of the classes the children will be dropped off. Janell said that the building would be 20 feet from the set back and that the building will be sound proof. Chairman Wight explained that the board was only there to review the conditions of the requested use, which was to have a commercial business in a residential zone. P/Z member Bruce Case asked how many classes would be offered each day, Janell answered three. Chairman Wight asked if anyone that was in favor of the permit would like to speak. Natalie Williams said that she takes her child to Janell for dance and that there typically is not much traffic. Chairman Wight asked if anyone that was neutral had a question or comment. Jeff Long asked what would happen if Janell had more than the allotted students at a time, who would enforce the rules. P/Z member Bruce Case said that the City has a Code Enforcement officer for those purposes and that the permit can be revoked. 1 Chairman Wight asked if anyone that was opposed to the permit would like to speak. Richard Black that he would like to have the Fullmers as his neighbors, but is opposed to the permit and that he is concerned about increased traffic and noise. Richard said that the covenance of the neighborhood does not allow commercial use and that he does not want a business around his home. P/Z member Adrian Beazer asked Richard what kind of conditions he would like to see for the permit. Richard said that he would not have a problem with 1 or 2 students at a time, but not 10 to 12. P/Z member Beazer asked who enforces the convenance of the neighborhood that they live in. Richard Black said that there is an association that is in the process of choosing an enforcer. Chairman Wight commented that it is not the City's duty to enforce covenance in neighborhoods. Jeff Hart, Amber Vest, and Jeff Long all seconded what Richard Black had said. Jeff Long added that he was concerned with the children's safety and wondered about ancillary issues such as increased law enforcement. Jeff Long also said that he does not want to set precedence for future commercial use in the neighborhood. Chairman Wight asked if there were any other questions, there were not so he closed the public portion of the public hearing and offered Janell an opportunity to rebut. Janell said that she would abide by any conditions set and that she would suggest car pooling and set a course for drop off and pick up to help ease the traffic issues. P/Z member Beazer said that he agreed with the traffic concerns. Chairman Wight also agreed with the traffic issues and said that there is difficulty in applying conditions for traffic control. Chairman Wight suggested lowering or limiting the number of students. P/Z member Roy Hobbs said that he was concerned with the liability that the City might have upon issuing the permit and that there are other alternatives for commercial location. P/Z member Brad Bateman was concerned with fire and emergency access. P/Z member Case said since the area was zoned R-1, then in order to grant a conditional use permit, the use needed to be essential or desirable and he did not see the use essential and desirable was relative. P/Z member Bateman asked if the City can supercede the covenance, Dave Huntsman stood up and said that state law says which ever entity is more strict will supercede the other. Chairman Wight said that was correct, but when a conditional use permit is the subject of a public hearing, those issues can not be used as a legal basis to make a decision. Chairman Wight asked if there were any further questions from the Commission, there was not. Chairman Wight entertained a motion from the Commission. P/Z member Bateman made a motion to deny the request for a conditional use permit based upon public opinion. P/Z member Hobbs seconded the motion. All were in favor. Motion carried. Conditional use permit denied. Public hearing closed 8:40 p.m. Chairman Wight informed Janell that she had to go before the City Council for final review on August 19`k'. 2 APPENDIX B PLANNING AND ZONING COMMISSION MEETING AUGUST 13, 2008 IONA COMMUNITY CENTER PUBLIC HEARING CONDITIONAL USE PERMIT REQUEST JULIE CARLISLE 8:45 P.M. Julie Carlisle requested permission to turn a house located at 4949 41st, Iona, Idaho, into a bed and breakfast with a commercial kitchen for use with their catering business, the property is zoned R-1. PRESENT; Chairman Jared Wight, Board members Adrian Beazer, Bruce Case, Brad Bateman, Roy Hobbs City Clerk Robyn Keyes VISITORS:, Lis Lott, Angela Black, Richard Black, Austin Black, Craig Leigh, Jeff Hart, Julie Aicher, Angie Huntsman, Dave Huntsman, Natalie Jenkins, Alan Jenkins, Debbie Stucki, Lamar Stucki, Ellie Winfield P/Z Chairman Jared Wight explained the procedure for a public hearing and asked if there were any questions, there were not. Julie Carlisle handed out pictures of the house and property to the commission and pointed out that operating a commercial kitchen falls under the miscellaneous guidelines in the code book. Julie said that they wanted to prepare food for catering from the garage and that a commercial kitchen would be installed. Julie said that they would not have parties or be catering from the home. The only purpose of the home would be nightly rental as a bed and breakfast. Julie also said that she only foresees renting the home 3 or 4 times per month and that there would not be a traffic increase. Julie said that she talked with the sewer district and would install a flow receptor to catch any grease. The Carlisles want to maintain the historical character of the home. Julie said that a delivery truck would come once a week or every other week and that was the only potential problem she could think of. P/Z member Bruce Case asked what would take place with the commercial kitchen. Julie said that she would only prepare dough and freeze it at the kitchen and the rest of the catering would take place elsewhere. P/Z member Adrian Beazer asked what kind of fire protection they had. Julie said that they would install what ever the health department requested. Chairman Wight asked if anyone that was in favor would like to comment, no one did. Chairman Wight asked if anyone that was neutral would like to comment, no one did. 1 Chairman Wight asked if anyone that was opposed would like to comment. Dave Huntsman said that he lives at the end of the cul-de-sac and wants to keep the area quite, the area is zoned Rl. Dave said that a bed and breakfast would fall under the guidelines of a boarding house and that a boarding house is not permitted in an R1 zone. Dave also said that a home business is permitted without employees. Dave is also concerned about the smoke form the Carlisle's wood fired oven for their catering business. P/Z member Case asked if there was smoke and odor from the oven. Julie said that she only had to fire up the oven for the health department inspection and that the oven was operated off premises. P/Z member Brad Bateman asked if there was another description in the code book that might better fit the use other than boarding house, there was not. Dave Huntsman commented that a boarding house is not permitted for a conditional use and that the alternative would be to rezone or spot zone the location. Chairman Wight said that was not true, and that is the purpose of a conditional use permit, to use a property under certain conditions. Angie Huntsman said that she does not want to start spot zoning and she does not want increased traffic. P/Z member Beazer asked Angie how often does she see a delivery truck and Angie said one every week or two. Alan Jenkins, Natalie Jenkins, Lis Lott, Julie Aicher, and Ellie Winfield all agreed that they did not want increased traffic or spot zoning. Lis Lott said that she was concerned with children in the neighborhood and strangers renting the building. Natalie Jenkins said that the use was not essential or desirable. Chairman Wight offered Julie Carlisle the opportunity to rebut. Julie said that with the stranger issue, you never know who might move in next door no matter what. Julie said that she would talk to the delivery driver concerning his route and turning around. Julie also said that she feels that the bed and breakfast service would add greatly to the community. Chairman Wight asked if there were any further questions or comments from the public, there were not. Chairman Wight closed the public portion of the hearing and opened the floor to the Commission. P/Z member Case asked what sort of conditions the audience would like to see granted. Ellie said that she does not want any conditions. Jeff Hart said that Ernie's would be a good place for the Carlisles. Julie Carlisle said that she checked into the building and it had sewer problems. Debbie Stucki said that she was in favor of the bed and breakfast and did not think there would be increased traffic. P/Z member Bateman asked if the Carlisle's rented the house out long term, what would they do with the kitchen. Julie said that the commercial kitchen would go in the garage. Angie Huntsman commented that there is not code enforcement in Iona regarding conditional use permits. P/Z member Case said that the City is taking great effort to make changes regarding that issue. P/Z member Hobbs said that he has concerns about commercial use in an R1 and he opposes the permit. P/Z member Case said that a bed and breakfast is a good idea but the desirability is limited due to the location. Chairman Wight agreed with Case. P/Z member Beazer also thought the bed and breakfast would be an asset to the community but has concern with commercial use in R1. Beazer commented that the City's code book was adopted from a bigger city and that perhaps down the road our code book could be 2 reviewed and formatted to better suit our city. P/Z member Case said that he is all for a property owner doing what they want with their property, but not when it is opposing to the neighbors. Chairman Wight entertained a motion for the Commission. P/Z member Bruce Case made a motion to deny the permit request. P/Z member Arian Beazer seconded the motion. P/Z member Bateman said that he has known the Carlisles for 15 years and requested to abstain from voting. Everyone else was in favor of the motion. Motion carried. Request denied. Chairman Wight informed Julie Carlisle that she still needed to go before the City Council for final review on August 19th. 3 CITY OF IONA * *BUDGET REPORT** FOR 07-31-08 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 140,000.00 14,242.00 118,341.40 21,658.60 84.53 002 310.000 HOOK UP FEES 36,000.00 3,000.00 37,200.00 1,200.00- 103.33 002 315.000 INTEREST 4,000.00 136.20 1,892.78 2,107.22 47.32 002 350.000 TANK REPLACEMENT FUND 50,000.00 .00 .00 50,000.00 002 395.000 RESERVES 40,000.00 .00 .00 40,000.00 002 397.000 WATER BOND 1,500,000.00 .00 .00 1,500,000.00 **TOTAL WATER FUND REVENUE 1,770,000-00 17,378.20 157,434.18 1,612,565.82 8.89 **** WATER FUND **** ESTIMATED FUND ACCOUNT# ACCOUNT TITLE EXPENSE *EXPENDED*** MTD YTD UNEXPENDED PERCENT BALANCE EXPENDED 002 410.000 SALARIES & BENEFITS 30,000.00 30,000.00 30,000.00 .00 100.00 002 440.000 ELECTRICITY 28,000.00 2,031.96 16,625.77 11,374.23 59.38 002 445.000 OFFICE, SUPPLIES, LEGAL 7,000.00 1,023.53 6,887.45 112.55 98.39 002 450.000 ENGINEERING COSTS 15,000.00 .00 17,015.00 2,015.00- 113.43 002 460.000 VEHICLE EXPENSE .00 _00 .00 002 465.000 VEHICLE RENT 7,000.00 .00 .00 7,000.00 470.000 REPAIRS & MAINTENANCE 30,000.00 2,826.52 23,304.73 6,695.27 77.68 480.000 BOND PAYMENT 29,928.00 .00 29,928.00 .00 100.00 ,-_.. 482.000 BOND INTEREST 1,440.00 .00 1,569.12 129.12- 108.97 002 485.000 TANK REPLACEMENT FUND 60,000.00 .00 .00 60,000.00 002 490.000 CAPITAL IMPROVEMENTS 61,632.00 4,000.00 17,508.01 44,123.99 28.41 002 497.000 WATER SYSTEM UPATE 1,500,000.00 .00 .00 1,500,000.00 **TOTAL WATER FUND EXPENSE 1,770,000.00 39,882.01 142,838.08 1,627,161.92 8.07 **NET EXCESS OR DEFICIENCY(-) 22,503.81- 14,596.10 14,596.10- CITY OF IONA * *BUDGET R E P O R T* FOR 07-31-08 PAGE 5 : ' 111**** 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 5,000.00 303 395.000 EQUIP RESERVES --WATER 33,571.00 .00 .00 33,571.00 303 396.000 EQUIP RESERVES --GENERAL 35,071.00 .00 .00 35,071.00 **TOTAL EQUIP REPLACEMENT REVENUE 78,642.00 .00 .00 78,642.00 **** EQUIP REPLACEMENT **** ESTIMATED * *EXPENDED* * UNEXPENDED PERCENT FUND ACCOUNT* ACCOUNT TITLE EXPENSE MTD YTD BALANCE EXPENDED 003 410.000 EQUIP REPLACEMENT --WATER 38,571.00 .00 .00 38,571.00 003 415.000 EQUIP REPLACEMENT --GENERAL 40,071.00 .00 .00 40,071.00 003 490.000 EQUIPMENT PURCHASE .00 .00 .00 **TOTAL EQUIP REPLACEMENT EXPENSE 78,642.00 .00 .00 78,642.00 **NET EXCESS OR DEFICIENCY(-) .00 .00 .00 CITY OF IONA * •BUDGET R E P O R T* FOR 07-31-08 PAGE 6 1140 **** 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 10,000.00 .00 11,856.00 1,856.00- 118.56 004 310.000 SHELTER RENTAL 500.00 110.00 455.00 45.00 91.00 004 320.000 WESTERN BOYS FEES 300.00 .00 .00 300.00 004 395.000 RESERVES .00 _00 .00 **TOTAL RECREATION FUND REVENUE 10,800.00 110.00 12,311.00 1,511.00- 113.99 **** RECREATION FUND **** ESTIMATED * *EXPENDED* * UNEXPENDED PERCENT FUND ACCOUNT# ACCOUNT TITLE EXPENSE MTD YTD BALANCE EXPENDED 004 410.000 RECREATION EQUIPMENT 004 415.000 RECREATION LABOR 004 420.000 BASEBALL SUPPLIES 004 470.000 RECREATION MAINTENANCE 1,000.00 .00 .00 1,000.00 3,000.00 4,569.50 4,569.50 1,569.50- 4,000.00 646.80 4,250.22 250.22- 2,800.00 165.36 1,103.97 1,696.03 152.32 106.26 39.43 **TOTAL RECREATION FUND EXPENSE 10,800.00 5,381.66 9,923.69 876.31 91.89 **NET EXCESS OR DEFICIENCY(-) 5,271.66- 2,387.31 2,387.31- CITY OF IONA * * BUDGE T FOR 07-31-08 REPORT** PAGE 3 ii)*, ' r*** GENERAL FUND **** ESTIMATED * * R E C E I P T E D * * UNRECEIPTED PERCENT FUND ACCOUNT# ACCOUNT TITLE REVENUE MTD YTD BALANCE RECEIPTED 201 305.000 STATE HIGHWAY USERS 47,000.00 10,987.56 47,903.31 903.31- 101.92 )O1 310.000 STATE REVENUE SHARING 42,000.00 .00 33,168.06 8,831.94 78.97 )01 315.000 STATE LIQUOR TAX 16,000.00 6,240.00 27,483.00 11,483.00- 171.77 201 320.000 BEER & DOG LICENSES 200.00 12.00 246.00 46.00- 123.00 )01 325.000 COURT REVENUE 1,200.00 .00 2,180.69 980.69- 181.72 )01 330.000 INTEREST 4,500.00 167.70 3,093.54 1,406.46 68.75 )O1 335.000 CABLE TV FRANCHISE 3,600.00 .00 3,583.89 16.11 99.55 201 340.000 NATURAL GAS FRANCHISE 9,200.00 .00 9,646.49 446.49- 104.85 )01 345.000 POWER FRANCHISE 11,000.00 3,720.92 15,875.69 4,875.69- 144.32 )01 355.000 BUILDING RENT 5,000.00 220.00- 4,550.00 450.00 91.00 )01 357.000 BUILDING INSPECTION FEES 21,600.00 910.00 22,044.00 444.00- 102.06 )01 358.000 GRANTS 11,000.00 .00 2,863.00 8,137.00 26.03 )01 360.000 PROPERTY TAX REVENUE 146,000.00 51,855.80 159,298.06 13,298.06- 109.11 )01 390.000 MISCELLANEOUS REVENUE 5,000.00 158.00 12,604.19 7,604.19- 252.08 )01 395.000 RESERVES 10,000.00 .00 .00 10,000.00 **TOTAL GENERAL FUND REVENUE 333,300.00 73,831.98 344,539.92 11,239.92- 103.37 **** GENERAL FUND **** ESTIMATED * *EXPENDED* * UNEXPENDED PERCENT ACCOUNT# ACCOUNT TITLE EXPENSE MTD YTD BALANCE EXPENDED )01 410.000 PAYROLL 66,000.00 22,087.00- 49,435.00 16,565.00 74.90 )01 420.000 RETIREMENT 8,000.00 501.83 5,480.32 2,519.68 68.50 )01 422.000 HEALTH INSURANCE 25,000.00 1,540.32 18,468.18 6,531.82 73.87 )01 424.000 PAYROLL TAXES 9,000.00 597.44 6,051.23 2,948.77 67.24 )01 440.000 ELECTRICITY - NATURAL GAS 22,000.00 1,039.10 18,099.29 3,900.71 82.27 )01 445.000 OFFICE SUPPLIES 7,500.00 142.44 6,050.56 1,449.44 80.67 )01 446.000 TRAVEL 6,000.00 784.10 3,581.42 2,418.58 59.69 )01 447.000 ADVERTISING 1,500.00 70.99 4,803.54 3,303.54- 320.24 )01 450.000 INSURANCE LIABILITY 7,000.00 .00 6,938.00 62.00 99.11 )01 455.000 LEGAL & AUDIT FEES 9,000.00 600.00 9,637.50 637.50- 107.08 )01 460.000 POLICE 37,500.00 .00 22,478.26 15,021.74 59.94 )01 465.000 VEHICLE RENT 5,000.00 .00 .00 5,000.00 )01 470.000 MAINTENANCE 69,000.00 3,114.54 45,988.30 23,011.70 66.65 )01 472.000 BUILDING INSPECTIONS 9,000.00 1,232.00 12,731.50 3,731.50- 141.46 )01 475.000 CIVIL DEFENSE 500.00 .00 .00 500.00 )01 480.000 LIBRARY 3,000.00 500.00 500.00 2,500.00 16.67 )01 490.000 CAPITAL IMPROVEMENTS 43,300.00 9,330.00 21,798.06 21,501.94 50.34 )01 495.000 MISCELLANEOUS EXPENSE 5,000.00 1,520.98 6,267.67 1,267.67- 125.35 **TOTAL GENERAL FUND EXPENSES 333,300.00 1,113.26- 238,308.83 94,991.17 71.50 **NET EXCESS OR DEFICIENCY(-) 74,945.24 106,231.09 106,231.09- MONTHLY EXPENSE REPOT 7/31 /2008 Amount Date Description ROCKY MTN POWER $ 3,000.38 KAYLYNN RESENDEZ $ 165.36 BASEBALL GREAT IMPRESSIONS $ 646.80 BASEBALL BASEBALL UMPIRES $ 2,567.50 _ BASEBALL ZECH PROUSE $ 241.42 HEALTH INSURANCE BRAD ANDERSEN $ 784.10 _ TRAVEL JOEL KEYES $ 1,040.00 MOWING ALLTEL $ 113.28 INNOVATIVE COATING $ 4,830.00 CONCRETE WORK DIG LINE $ 21.00 ZIP PRINT $ 24.75 INTERMOUNTAIN GAS $ 70.68 PSI $ 125.79 IDAHO TRAFFIC SAFETY $ 272.00 SIGNS SR SANITATION $ 290.00 UAP DIST $ 334.00 BACTIMOS HOLDEN KIDWELL $ 600.00 CITY OF IDAHO FALLS $ 931.75 ANIMAL SHELTER BOB MCBRIDE $ 1,232.00 POSTMASTER $ 90.49 BLUE CROSS $ 27.90 POST REGISTER $ 70.99 KATHY WEST $ 200.00 COUPON BOOKS-IONA DAYS GREAT IMPRESSIONS $ 1,215.00 FUN RUN IONA HISTORICAL MUSEUM $ 500.00 DIANA NELSON $ 100.00 CLEANING REGENCE BLUE SHIELD $ 1,271.00 AMERICAN PAVING $ 4,500.00 _ SEAL CRACKS -SEAL PATH BRAD ANDERSEN $ 105.98 FUN RUN _ JIMS TROPHY ROOM $ 10.00 NORTHERN ANALYTICAL $ 40.00 PRO RENTAL $ 214.40 AMERICAN CONST $ 67.10 MELS LOCK $ 110.44 HOME DEPOT $ 111.30 CAL STORES $ 113.35 FERGUSON WATERWORKS $ 167.29 MICRO SERV $ 247.90 6-12 EZ MART $ 289.62 UNITED MAILING $ 320.70 UNITED PIPE $ 402.32 WATER DISTRICT #120 $ 546.96 KELLER ASSOC $ 4,000.00 DIRECTIVE DATA $ 50.00 COMPUTER SERVICE LARSEN REPAIR $ 133.74 TATES EXCAVATING $ 255.00 AT&T $ 62.16 Q WEST $ 248.73 IDAHO RURAL WATER ASSC $ 375.00 August 14, 2008 Reference Public Hearing for Carlisle Conditional Use Permit Application: Mayor Andersen, Iona City Council Members: We are unable to attend the meeting scheduled for August 19, 2008 for the public hearing for the conditional use permit application by Jack and Julie Carlisle and I would like our comments entered into the minutes for the public hearing. We live at 4336 N Rushton Circle and the property under consideration is at the entrance to our cul-de-sac. We are opposed to the request to allow a conditional use permit for the property located at 4949 41 st North The request for a bed and breakfast in the home does not fall within the permitted uses for a conditional use for R1 Residential Zoning. We do not want a commercial property located at the entrance to our subdivision. A bed and breakfast facility is a commercial enterprise much like a motel that offers a continental breakfast and neither is desirable at the entrance to our subdivision. A bed and breakfast facility does not enhance the quality of a residential neighborhood. In addition, delivery trucks for the commercial kitchen aspect of the catering business will most likely enter Rushton Circle, proceed to the end of the cul-de-sac to turn around. This is an increase in traffic that is not beneficial to a residential neighborhood. The City of Iona has a large area already zoned for commercial businesses and people seeking commercial enterprises in residential zones should be encouraged to pursue their business endeavors in the established commercial zones. Thank You, Dave and Angie Huntsman 4336 N Rushton Circle Iona Id 83427 s fl. 30. 2008 3. 30PM i Bonneville Cty Sheriff NC.3623 P. LAW ENFORCjEMENT AND ANIMAL CONTROL AGREEMENT THIS AGREEMENT, entered into this day of September, 2008, by and between BONNEVILLE COUNTY, a political subdivision of the State of Idaho, (the "County") and the CITY OF IONA, a municipal corporation of the State of Idaho located within Bonneville County, (the "City"). WITNE SETH WHEREAS, the City has authority under Idaho Statutes to enforce State penal laws and local ordinances, including those violations of w Ich constitute a public offense within the City I including the enforcement of ordinances of the Ci Y; and WHEREAS, the County Sheriff has the duty under Idaho statutes to enforce State laws, i including those the violation of which constitut a public offense, in all areas of the County, including violations occurring within corporate li its of the City of Iona; and WHEREAS, the City has authority toIcontract with the County to provide law � enforcement services within the City; and WHEREAS, the City has determined that the County can provide law enforcement services within the City at a cost more economic!i to the City than if the City provides its own law enforcement services; and WHEREAS, the County has on staff train1 d and competent personnel for adequate police protection and is willing to assume and provide the law enforcement services within the City of Iona; and i WHEREAS, the parties have deemed it to be to the mutual interest of the County and City to have the County assume the law enforcematt duties and the police protection for the City of lona. NOW, THEREFORE, it is hereby agreed y and between the parties as follows: Page 1 JUL.30.2C08 3:31PM Bonneville Cty Sheriff N0.3623 P. 2 I. Police Protection. The County by the execution of this agreement is hereby authorized and shall assume the non-exclusive responsibility for the protection and law enforcement of the City of Iona, together with it responsibilities in other areas of Bonneville County and with concurrent jurisdiction within the City with the Idaho State Police. The County agrees to enforce all criminal and penal ordinanc s of the City as directed by the Mayor or other r s n designated official of the City, when the Iona lawienforcement officer iof on duty. 2. Animal Control. The County hall assume the exclusive responsibility for animal control protection and law enforcem 14 of the City of Iona, together with its responsibilities in other areas of Bonneville Cou ty and with concurrent jurisdiction within the City with the Idaho State Police. The County ag es to enforce ordinances of the City as directed by the Mayor or other designated official of the C t+, excluding animal kennel licensing and other non -enforcement related ordinances, when the to law enforcement officer is not on duty. 3. Equipment. Unless otherwise n ed in this agreement, Bonneville County shall furnish at its own expense all automotive vehicles and all law enforcement and police equipment, supplies, and materials necessary for county officers to provide adequate police protection and enforcement within the City. 4. Services. Bonneville County shall; include for the consideration herein recited, the food, clothing, housing and medical costs associated with confinement of any prisoner who is incarcerated for the violations of State laws or City ordinances cited through the Sheriffs Office or any other law enforcement officer of the Sta consideration herein recited, the jail costs of any is sentenced to jail for the violations cited acknowledged by the parties that all dispatchin c. Bonneville County shall include for the ;confinement of defendant and prisoner who Trough the Sheriff's Office. It is hereby services shall be the sole responsibility of the City of Iona. The City of Iona at their c st or expense shall provide for all dispatch services in a manner approved by the Bonnevill County Sheriff, Failure of the City of Iona to provide for dispatch services in a manner aproved in writing by the Bonneville County Page 2 JUL.30.2008 3:31PM Bonneville Ciy Sheriff N0.3623 P. 3 j. i Sheriff shall constitute a material breach of c ntract by the City of Iona and upon ten (10) days written notice from Bonneville County to the City of Iona of said breach this agreement shall be immediately terminated. S. Term. This agreement shall beco a effective on the 1" day of October 2008 and shall continue in force and effect through and incl ing the 30"' day of September 2009. 6. Personnel. The County shall furni h sufficient personnel for such police and law enforcement and Animal Control services in the ity of Iona, and such personnel shall be under the direction of Bonneville County; provided, h wever, that these persons shall be responsible for responding to and enforcing violations of Cit ordinances as requested by the Mayor or other designated official of the City when the Iona law iiiforcement officer is not on duty. The County shall pay all salaries and benefits of such ersonnel, including PERSI, unemployment compensation or other withholdings and deductio s required or allowed by law and the City shall have no responsibility whatsoever with respect th seto. The County further agrees to obtain and maintain police professional liability insurance id automobile liability insurance coverage in such amounts and upon such terms as it deems a propriate, provided the County will obtain an 1 endorsement on such policies naming the City as an additional insured thereon. ,i 7. Records and Reporting. The County shall furnish the City with a written summary of its activities incurred hereunder for iach month, which shall be submitted on or before the third Monday of the following mon during the term of this agreement. At the request of the Mayor of Iona, personnel from the S 'eriffs Office shall report in person to the City of Iona, City Council, which shall be scheduled at ii:30 o'clock p.m. on the third Tuesday of each month at the City of lona building, unless the County is notified otherwise. The reports shall summarize the activities of the Bonneville County (Sheriffs Office conceming the City of Iona for the previous reporting period and to respond to 1ny inquiries, comments or suggestions of the City Council. The Deputy appearing shall be head promptly at the time of his attendance and shall not be delayed. Page 3 UUI. 30. 2008 3:31PM Bonney i ile Cty Sheriff , N0.3623 P. 4 8. Compensation. The City shall payto the County as compensation for the services to be herein rendered for the term as stated, the slit of $29,828.00, allocated as follows: Law Enforcement Animal Control $26,894.00 $ 2,934.00 The Law enforcement portion of the comp a. If the City provides a part-time err of a 12% reduction in County compensation shall be reduced frog b. If the City provides a full-time en the law enforcement compensa' $12,226.00. c. However, if the City does not provide any law enforcement personnel, the compensation for law enforcement will remain at the $26.894.00 amount plus the City will pay an additional S 1351g0 per calendar day until a law enforcement employee is hired and working for the City. If at any time the law enforcement personnel hired by the City stops p pviding law enforcement service, is fired, or is otherwise not working (other than customary vacation and sick time) the County must be notified in writing and the Cyity must resume (or begin as the case may be) the $135.00 per day payment 30 d Is after the termination of the law enforcement services. sation may be adjusted as follows: loyee and said employee provides a minimum time, the law enforcement portion of the $26,894.00 to $23,315.00. ployee that works at least 40 hours per week, ton shall be reduced from S26,894.00 to Further, the City agrees to share traffic an criminal fine revenue paid to the City by any Court of Law at twenty-five percent (25%) to the ity of Iona and seventy-five percent (75%) to the Bonneville County Sheriffs Office on ci tions issued by Bonneville County Sheriff Deputies within the city limits of the City of Ioh, as determined from official records of the Page 4 .4[..30.2008 3:31PM Bonneville Cty Sheriff N0.3623 P. 5 Court(s), invoiced by the County on a quarterl basis. Notwithstanding the foregoing, in the i event any assessment is made against the City pu uant to Idaho Code § 1-2218, then and in such event, the seventy-five percent (75%) share of t County in such revenue shall be reduced by any amounts assessed to and paid by the City d ng any calendar quarter preceding the date of the quarterly payment set forth below. The amounts of the stated compensation herein set forth shall be paid by the City to the County in quarterly payments, with the first payin t due on the 3I" day of December, 2008, and the subsequent payments due as follows: March a31, 2009, June 30, 2009, and September 20, 1 2009. 1 9. Renewal and Extension. Thisagreement may be renewed or extended for additional periods of time by written endorsement hereon or by letter with reference to this agreement extending or renewing the contract for additional term. Should there be any desire a to not renew the contract, the party so desiring sheik give notice to the other on or before May 1" i on the fiscal year preceding the fiscal year in whi 1?1 such changes shall become effective. In the event of any renewal or extension hereto, the p ites shall jointly agree upon and modify, if necessary, the compensation amounts as set forth in paragraph 8. i 10. Fines and Forfeitures. All citation$, complaints and prosecutions for non -felony crimes or violations shall be issued in accordanc+r with the statutes of the State of Idaho, or ordinances of the City of Iona, if applicable. and Shall be processed in the Magistrate Court of Bonneville County. All fines, penalties and forfeitiures paid or received under the provisions of any City ordinances shall be paid unto the City Treialsury pursuant to the provisions of Section 50- J 1015 of the Idaho Code. The City Treasurer shall jreport to the County on a quarterly basis, all fines paid to the City, from any Court(s). 11. Independent Contractor. The County shall perform this agreement and the a responsibilities enumerated hereunder as an independent contract; and the County, the Sheriffs Page 5 AA. 30. 2006 3:32PM Bonneville Cty She r i f f i Na 3623 P. 6 i i i Office, and the law enforcement officers shall n i be considered agents or employees of the City of Iona. 12. Indemnification. The County a ees to indemnify and hold harmless the City y against any and all liability for injury, including qss of life, to any person and for damage to, or I loss of, the property of any person arising from a act or omission on the part of the County, its I officials, Sheriff, or other law enforcement pe sonnet in connection with providing animal I control, police protection and law enforcement wiiihin the City. IN WITNESS WHEREOF, the parties he eto have caused this instrument to be executed, through duly enacted resolution of the governing tidies of both parties, the day and the year first i above written. 1 A-TTEST RONALD LONGMORE Bonneville County Clerk ATTEST Iona City Clerk LABaH102.69.150goonContraot20011•09.wpd Page 6 BONNEVILLE COUNTY ROGER CHRISTENSEN, Chairman Board of Commissioners PAUL J. WILDE Sheriff CITY OF IONA Mayor NOTICE A CITY COUNCIL MEETING WILL BE HELD 6:30 P.M. AUGUST 19, 2008 AT THE IONA COMMUNITY CENTER 3 548 N MAIN ST. I ONA, ID. � RobynL_ eyes City Clerk CITY OF IONA 3548 N. Main P. O. Box 487 Iona, Idaho 83427 NOTICE OF PUBLIC HEARING Phone: (208) 523-5600 Fax: (208) 535-0087 NOTICE IS HEREBY GIVEN, that the Planning and Zoning Commission for the City of Iona will conduct a public hearing for the purpose of considering an application for a conditional use permit filed by Janelle and Nick Fullmer, seeking to build a garage/studio in the back of their property for the purpose of operating a dance studio, located at 3819 McKibben, Iona, Idaho. The hearing will be conducted on August 13, 2008 at 8:00 p.m. in the Iona Community Center located at 3548 North Main Street, Iona, Idaho. A second public hearing is scheduled for the evening of August 19, 2008 at 7:00 pin. at the Iona Community Center with the Iona City Council for final review. All interested citizens are invited to attend and provide public comment regarding such conditional use permit. A copy of the application may be obtained by contacting the City Clerk at 3548 North Main Street, Iona, Idaho. Dated this 24`h day of July, 2008 Robyn Ke City Clerk Publish: Fifteen (15) days prior to hearing date. CITY OF IONA 3548 N. Main P. O. Box 487 Iona, Idaho 83427 NOTICE OF PUBLIC HEARING Phone: (208) 523-5600 Fax: (208) 535-0087 NOTICE IS HEREBY GIVEN, that the Planning and Zoning Commission for the City of Iona will conduct a public hearing for the purpose of considering an application for a conditional use permit filed by Jack and Julie Carlisle, seeking to purchase the home located at 4949 41 st, Iona, with the purpose of renting the home on a nightly or weekly basis as a bed and breakfast type option. The Carlisle's will rent to single families or 1 or 2 couples at a time and hope to attract relatives visiting local families. A commercial type kitchen will be available for those wishing to have their meals provided and as a preparation space for Carlisle's off -site catering business. The hearing will be conducted on August 13, 2008 at 8:30 p.m. in the Iona Community Center located at 3548 North Main Street, Iona, Idaho. A second public hearing is scheduled for the evening of August 19, 2008 at 7:15 p.m. at the Iona Community Center with the Iona City Council for final review. All interested citizens are invited to attend and provide public comment regarding such conditional use permit. A copy of the application may be obtained by contacting the City Clerk at 3548 North Main Street, Iona, Idaho. Dated this 24t day of July, 2008 Robyn Ke es City Clerk Publish: Fifteen (15) days prior to hearing date.