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HomeMy Public PortalAboutMinutes_CCMeeting_04162003CITY COUNCIL MEETING APRIL 16, 2003 AT 6:30 P.M. AT THE COMMUNITY CENTER PRESENT: Mayor, Craig Rockwood, Council members, Dave Huntsman, Scott Long, Brad Andersen, Mike Klingler, Clerk, Betty McKinlay, Treasurer, Ron Nelson, Police Chief, Ross Johnson VISITORS: Kathy Demott, Dave Benton from Benton Engineering Mayor Rockwood called the meeting to order. The Mayor led pledge. Minutes from the previous month were approved. Council member Dave Huntsman motioned and Council member Scott Long seconded. All were in favor. The bills were viewed and approved for payment. Council member Brad Andersen motioned to approve and Council member Mike Klingler seconded. All were in favor. The delinquent water list was viewed and the Financial report. The Council discussed some of the work projects for the summer. Seal coating the roads in Iona over the next 2 years was discussed. Main Street and the north part of town would be done this year, then next year the south part of town would be seal coated. Bids on the parking lot were discussed. H & K was the lowest bid. They will begin soon. Some water valves need to be replaced and raised up to road level. The council decided to go ahead and take care of them. Council member Mike Klingler asked if the bike path was going in. Mayor Rockwood said it would be next year. The Easter Egg Hunt will be Sat., April 1961. Tonya Bird and Jodi McMurtrey are chairmen for the event. Ron Nelson has asked the Library Committee to help sell hotdogs. Kathy Demott gave an update on the Arbor Day Tree planting. An Ordinance has been drawn up and the council viewed it. The Arbor Day Celebration was discussed. Council member Dave Huntsman gave an update on the Library. The Library Committee is waiting for a grant for the computer. Council member Brad Andersen discussed the steps to becoming a Heritage City. Mayor Rockwood asked Dave Benton about the sewer man hole covers that need to be raised to road level. Mr. Benton said that IBSD (Iona Bonneville Sewer District) would take care of them. The dip in the sewer line in the Ashwood acres needs to be repaired. Mr. Benton will talk to Lynden Kunde about it. Mr. Benton has some property that is Vera Robertson's that she wants to divide up. He showed a sketch of the property. He wants to put four homes on the property. There is not enough room for four homes. There may be only room for two homes. Mr. Benton is going to draw something up and get back to the City. Council member Brad Andersen had talked to Gordon Johnson about cleaning the City building. He will do it. The Council Okayed it. Police Chief, Ross Johnson discussed the bids on the block door for the shop. It will cost more to block it in then to get a new door. Council thought it would be better to put a new door in. Ross got bids on painting the fire truck. Laddie Shaw bid at $20,000 and it would take him at least a year. Classic Auto bid at $9,199 - $11,000. Brian McKinlay bid at $6,562 and would probably take 3-4 months to do. Council member Dave Huntsman suggested having a fundraiser to pay the costs. The mechanical end needs to be done first before painting. Treasurer asked about raises for the Mayor and City Council. The Council agreed to the raise in the time allowance. AIC does a survey and we can get a copy of it. Council member Mike Klingler asked about buying a new computer for the office. Mayor Rockwood said we do need to stay current. The Council agreed. Council member Mike Klingler will work with Clerk Betty McKinlay. Meeting adjourned at 9:00 p.m. Q<44? Monthly Expense Report 4/15/03 Vendor Amount Date Description POST REGISTER $ 60.83 RUSS'S OVERHEAD DOORS $ 4,111.00 DOORS FOR SHOP BUILDING REGENCE BLUE SHIELD $ 131.00 CAL STORES $ 1.50 COLUMBIA PAINT $ 19.09 HIGH COUNTRY R C & D $ 100.00 ANNUAL DUES Q WEST $ 146.98 BANK ONE $ 180.00 CREDIT CARD ROYAL NEIGHBORS $ 300.00 HOLDEN KIDWELL $ 350.00 ICRMP $ 1,396.00 LIABILITY INSURANCE PAYMENT UTAH POWER $ 1,902.71 JODI MCMURTREY $ 226.65 EASTER EGG HUNT FORSGREN ASSOC $ 5,000.00 BONNEVILLE CO SHERIFF $ 6,245.80 LANDON EXCAVATING $ 773.50 MICRO WISE $ 30.00 WATER TEST AT&T $ 41.04 POSTMASTER $ 74.00 STAMPS CITY OF IONA * *BUDGET REPORT** b-"> FOR 03-31-03 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 24,187.14 23,812.86 50.39 001 310.000 STATE REVENUE SHARING 32,500.00 .00 18,231.48 14,268.52 56.10 001 315.000 STATE LIQUOR TAX 9,000.00 .00 8,230.00 770.00 91.44 001 320.000 BEER & DOG LICENSES 150.00 36.00 140.50 9.50 93.67 001 325.000 COURT REVENUE 1,200.00 22.95 620.10 579.90 51.68 001 330.000 INTEREST 1,400.00 88.84 407.90 992.10 29.14 001 335.000 CABLE TV FRANCHISE 2,400.00 3,224.48 3,224.48 824.48- 134.35 001 340.000 NATURAL GAS FRANCHISE 5,000.00 .00 2,129.52 2,870.48 42.59 001 345.000 UTAH POWER FRANCHISE 11,000.00 .00 4,594.36 6,405.64 41.77 001 350.000 MACHINE HIRE .00 .00 .00 001 355.000 BUILDING RENT 5,000.00 225.00 1,805.00 3,195.00 36.10 001 357.000 BUILDING DONATIONS .00 .00 .00 001 358.000 BUILDING GRANTS 170,000.00 150.00 9,400.00 160,600.00 5.53 001 360.000 PROPERTY TAX REVENUE 98,000.00 673.56 64,191.02 33,808.98 65.50 001 390.000 MISCELLANEOUS REVENUE 500.00 60.00 472.00 28.00 94.40 001 395.000 RESERVES .00 .00 .00 **TOTAL GENERAL FUND REVENUE 384,150.00 4,480.83 137,633.50 246,516.50 35.83 **** GENERAL FUND **** ESTIMATED * *EXPENDED* * UNEXPENDED PERCENT FUND ACCOUNT# ACCOUNT TITLE EXPENSE MTD YTD BALANCE EXPENDED 001 410.000 PAYROLL 60,000.00 4,435.00 27,298.00 32,702.00 45.50 001 420.000 RETIREMENT 7,500.00 228.91 1,452.49 6,047.51 19.37 001 422.000 HEALTH INSURANCE 6,500.00 131.00 3,258.00 3,242.00 50.12 001 424.000 PAYROLL TAXES 8,000.00 331.71 2,099.30 5,900.70 26.24 001 429.000 MISC. PAYROLL .00 .00 .00 001 440.000 ELECTRICITY - NATURAL GAS 15,000.00 1,117.14 7,689.87 7,310.13 51.27 001 445.000 OFFICE SUPPLIES 5,000.00 212.58 3,077.08 1,922.92 61.54 001 446.000 TRAVEL 1,500.00 95.31 95.31 1,404.69 6.35 001 447.000 ADVERTISING 1,000.00 60.83 60.83 939.17 6.08 001 450.000 INSURANCE LIABILITY 7,600.00 .00 5,583.00 2,017.00 73.46 001 455.000 LEGAL & AUDIT FEES 7,000.00 350.00 4,224.00 2,776.00 60.34 001 460.000 POLICE SUPPLIES 15,000.00 .00 5,500.00 9,500.00 36.67 001 465.000 VEHICLE RENT 5,000.00 .00 .00 5,000.00 001 470.000 MAINTENANCE 56,250.00 794.57 9,980.39 46,269.61 17.74 001 472.000 BUILDING EXPENSE 15,000.00 .00 .00 15,000.00 001 475.000 CIVIL DEFENSE 500.00 .00 .00 500.00 001 490.000 CAPITAL IMPROVEMENTS 170,000.00 4,111.00 39,751.45 130,248.55 23.38 001 495.000 MISCELLANEOUS EXPENSE 3,300.00 .00 1,637.00 1,663.00 49.61 **TOTAL GENERAL FUND EXPENSES 384,150.00 11,868.05 111,706.72 272,443.28 29.08 **NET EXCESS OR DEFICIENCY(-) 7,387.22- 25,926.78 25,926.78- CITY OF IONA ** B U D G E T R E P O R T** FOR 03-31-03 PAGE 5 **** 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 108,000.00 10,019.12 59,100.66 48,899.34 54.72 002 310.000 HOOK UP FEES 4,800.00 1,880.00 5,280.00 480.00- 110.00 002 315.000 INTEREST 1,000.00 58.66 248.04 751.96 24.80 002 395.000 RESERVES 39,394.00 .00 .00 39,394.00 **TOTAL WATER FUND REVENUE 153,194.00 11,957.78 64,628.70 88,565.30 42.19 **** WATER FUND **** ESTIMATED * *EXPENDED* * UNEXPENDED PERCENT FUND ACCOUNT# ACCOUNT TITLE EXPENSE MTD YTD BALANCE EXPENDED 002 410.000 SALARIES & BENEFITS 26,000.00 .00 .00 26,000.00 002 440.000 ELECTRICITY 28,000.00 1,472.19 10,435.14 17,564.86 37.27 002 445.000 OFFICE, SUPPLIES, LEGAL 4,000.00 217.08 2,356.73 1,643.27 58.92 002 450.000 ENGINEERING COSTS 2,500.00 .00 .00 2,500.00 002 460.000 VEHICLE EXPENSE .00 .00 .00 002 465.000 VEHICLE RENT 5,000.00 .00 .00 5,000.00 002 470.000 REPAIRS & MAINTENANCE 16,800.00 1,083.48 4,641.16 12,158.84 27.63 002 480.000 BOND PAYMENT 21,800.00 .00 10,467.55 11,332.45 48.02 002 482.000 BOND INTEREST 10,200.00 .00 5,216.52 4,983.48 51.14 Imo485.000 BOND RESERVE FUND .00 .00 .00 002 490.000 CAPITAL IMPROVEMENTS 38,894.00 .00 240.00 38,654.00 .62 **TOTAL WATER FUND EXPENSE 153,194.00 2,772.75 33,357.10 119,836.90 21.77 **NET EXCESS OR DEFICIENCY(-) 9,185.03 31,271.60 31,271.60- A CITY OF IONA * *BUDGET REPORT** FOR 03-31-03 PAGE 7 a5 **** RECREATION FUND **** ESTIMATED * *RECEIPTED** UNRECEIPTED PERCENT FUND ACCOUNT# ACCOUNT TITLE REVENUE MTD YTD BALANCE RECEIPTED 004 305.000 BASEBALL FEES 5,000.00 .00 .00 5,000.00 004 310.000 SHELTER RENTAL 650.00 30.00 125.00 525.00 19.23 004 315.000 POSSIE FEES .00 .00 .00 004 320.000 WESTERN BOYS FEES 250.00 .00 .00 250.00 004 395.000 RESERVES 1,000.00 .00 .00 1,000.00 **TOTAL RECREATION FUND REVENUE 6,900.00 **** RECREATION FUND **** ESTIMATED FUND ACCOUNT# ACCOUNT TITLE EXPENSE 30.00 125.00 * *EXPENDED** MTD 6,775.00 1.81 UNEXPENDED PERCENT YTD BALANCE EXPENDED 004 410.000 RECREATION EQUIPMENT 1,000.00 .00 .00 1,000.00 004 415.000 RECREATION LABOR 1,000.00 .00 .00 1,000.00 004 420.000 BASEBALL SUPPLIES 3,500.00 .00 .00 3,500.00 004 470.000 RECREATION MAINTENANCE 1,400.00 .00 .00 1,400.00 **TOTAL RECREATION FUND EXPENSE 6,900.00 .00 .00 6,900.00 **NET EXCESS OR DEFICIENCY(-) 30.00 125.00 125.00- 4d t CITY OF IONA WATER BILLS PAST DUE LIST 4/16/03 ANDERSEN, TROY BOICELLI, ANTHONY BURKE, BERTHA BURKE, MARVEL CHAPA, JORGE COX, COREY EVENSON, LINDA FORBUSH,BRENT FREEMAN, ERIC GARREN,DAN GRANT, TRAVIS GROVER, NEIL GUTHRIE, DRU HANNAN, SUZANNE HARRIS, CHRISTINE HELGESON, KEITH HIGLEY, BARBARA HOPE, NEAL NORMAN, LEON JOHNSON, GORDON JONES, DAVID KRIEGER, JOHN LONGHURST, BILL MCBRIDE, BART MCMURTREY, TROY MCVEY,VANCE MONDY, DEANA PETERSON, CORY PETERSON, ROGER PORTELA, JIMMY PORTER, BRIAN RICH, MICHELLE RICKS, CAMERON SATTERFI9ELD, BRUCE SOLIDAY, JAMES SOLIDAY, JIMMY STANGER, FRANK STEFFLER, KEVIN SWEARINGEN, SCOTT THOMPSON, MELODY TUCK, STEVE WARNBERG, DARREL BALANCE PAID THRU BAL DUE BAL DUE 4/4/03 4/16/03 3 MO(LESS) 3 MO(MORE) $ 61.00 $ 60.00 $ 1.00 $ 82.00 $ 61.00 $ 21.00 $ 82.00 $ 61.00 $ 21.00 $ 82.00 $ 61.00 $ 21.00 $ 85.00 $ 85.00 $ 74.00 $ 74.00 $ 82.00 $ 82.00 $ 68.00 $ 68.00 $ 91.00 $ 91.00 $ 82.00 $ 82.00 $ 61.00 $ 40.00 $ 21.00 $ 61.00 $ 61.00 $ 71.00 $ 71.00 $ 82.00 $ 61.00 $ 21.00 $ 61.00 $ 61.00 $ 64.00 $ 36.00 $ 28.00 $ 61.00 $ 61.00 $ 116.00 $ 116.00 $ 60.00 $ 60.00 $ 61.00 $ 61.00 $ 62.00 $ 62.00 $ 85.00 $ 85.00 $ 61.00 $ 61.00 $ 62.00 $ 62.00 $ 61.00 $ 61.00 $ 62.00 $ 41.00 $ 21.00 $ 61.00 $ 61.00 $ 65.00 $ 65.00 $ 82.00 $ 82.00 $ 61.00 $ 61.00 $ 61.00 $ 61.00 $ 61.00 $ 61.00 $ 61.00 $ 61.00 $ 75.00 $ 40.00 $ 35.00 $ 90.00 $ 90.00 $ 83.00 $ 83.00 $ 82.00 $ 62.00 $ 20.00 $ 82.00 $ 82.00 $ 61.00 $ 61.00 $ 61.00 $ 61.00 $ 61.00 $ 61.00 $ 61.00 $ 61.00 $ 2,988.00 $ 770.00 $ 210.00 $ 2,008.00 03/25/03 TUE 14:28 FAX 208 528 5513 IDAHO FALLS FIRE DEPT [O001 CON6RATUUITIONS! City of Jona Has Bean Awarded A 2003 Ardor Day grant Of $150 March 24, 2003 Mr. Scott Long Council Member PO Box 185 Iona, ID 83427 Dear Mr. Long. post-ir Fax Note 7671 The Idaho Department of Lands in partnership wit ...f.lues, Idaho Power, and Utah Power has funded this grant program to promote the celebration of ARBOR DAY in Idaho. Through it we hope to encourage communities to plant and care for trees and recognize the important benefits trees provide. Together we can make sure that the right tree is always planted in the right place —assuring a healthy community forest. Greening Idaho's cities not only adds beauty —it also improves the environment, makes your community more inviting to visitors, and increases economic values In both downtown and residential areas. Let this ARBOR DAY focus your community on the benefits trees and tree care can provide for everyone in town. We hope all community residents will be invited to your celebration, for people of all ages enjoy planting trees and the beauty they bring to their city. This is a chance to unite residents, a chance to show the critical role of trees in our communities— so be creative. Arbor Day in some cities is their largest annual celebration. For Arbor Day Ideas, we have enclosed a copy of the "Celebrate Arbor Day" publication. You will find enclosed a simple "Accomplishment Report" to be used for requesting reimbursement Please include all coglifor the event including in -kind and donated services/materials, so we can accurately report the "real" cosu of Arbor Day celebrations. Receipts and proof of payment (copy of check or check number) for the $150 and a completed W-9 tax identification form (see enclosure) are required to be Included. jo be reimbursed. Your Accomplishment Rein must be receives! by IDL by September 30. 2003. Please retain documentation to show your city's minimum cash or in -kind donation match of 35% ($52.50) for your files. Five cities will be randomly selected to provide those records. Also, for your convenience. we have enclosed an order form should you decide to purchase Arbor Day T-shirts from IFPC for your event Once again, CONGRATULATIONS! ,i tIVISTA Utilities An'DACCA, company Warr ,�� a tr,Gaai ---_ Winston Wiggins. Roger D. Woodworth. Director Vice President, Operations Jim Miller. Senior Vice President of Delivery OIaf110 POWER UTAH POWER Makin` it happen. Glen Pond, Regional Community Manager R HOLDEN, KID WELL, HAHN & CRAPO, P.L.L. C. MEMORANDUM TO: Mayor Craig Rockwood FROM: Dale W. Storer DATE: April 16, 2003 RE: Iona Community Forestry Ordinance Enclosed per your request is a draft Ordinance adopting a "Community Forestry Ordinance" for the City of Iona. Please review this draft and advise if you have any corrections, changes or questions thereto. GAWPDATMD W S\2708\CORRES\Rockwood041603 Memowpd. th eIN DRAFT ORDINANCE NO. AN ORDINANCE ENACTING CHAPTER 4, TITLE 8, TITLED "COMMUNITY FORESTRY," OF THE CITY CODE OF IONA, IDAHO; DEFINING CERTAIN TERMS, ESTABLISHING DUTIES AND RESPONSIBILITY OF THE COMMUNITY FORESTER, ESTABLISHING SHADE TREE COMMITTEE; PROVIDING REGULATIONS FOR PLANTING, CARE AND PRUNING OF PUBLIC AND PRIVATE TREES; ESTABLISHING PROCEDURES FOR ABATEMENT OF NUISANCES; PROVIDING FOR THE SEVERABILITY AND ESTABLISHING EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF Iona, IDAHO, THAT: Section 1. Adoption of Chapter 4, Title 8, Iona City Code. A new Chapter 4, Title 8 of the City Code of Iona, Idaho, entitled "Community Forestry," is hereby enacted in the form attached hereto as Exhibit "A", and by this reference made a part hereof. Section 2. 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 3. Effective Date. This Ordinance shall become effective upon its passage, execution and publication in the manner provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this day of April, 2003. Craig Rockwood Mayor of Iona ATTEST: Betty McKinlay City Clerk (SEAL) 2 STATE OF IDAHO ) County of Bonneville I, BETTY MCKINLAY, 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 ENACTING CHAPTER 4, TITLE 8, TITLED "COMMUNITY FORESTRY," OF THE CITY CODE OF IONA, IDAHO; DEFINING CERTAIN TERMS, ESTABLISHING DUTIES AND RESPONSIBILITY OF THE COMMUNITY FORESTER, ESTABLISHING SHADE TREE COMMITTEE; PROVIDING REGULATIONS FOR PLANTING, CARE AND PRUNING OF PUBLIC AND PRIVATE TREES; ESTABLISHING PROCEDURES FOR ABATEMENT OF NUISANCES; PROVIDING FOR THE SEVERABILITY AND ESTABLISHING EFFECTIVE DATE." G: \ W P DATA\D W S\2708\ O R D\P o re stryo rd. wp d: t h Betty McKinlay City Clerk 3 CHAPTER 4 COMMUNITY FORESTRY SECTION: 8-4-1 Purpose 8-4-2 Definitions 8-4-3 Community Forester 8-4-4 Establishment of a Shade Tree Committee 8-4-5 Term of Office 8-4-6 Operation 8-4-7 Duties and Responsibilities 8-4-8 Species of Trees Permitted 8-4-9 Utilities 8-4-10 Regulations for Planting Street Trees 8-4-11 Trees and Shrubs Overhanging Public Property 8-4-12 Abuse of Public Trees and Shrubs 8-4-13 Street Tree Care 8-4-14 Tree Topping 8-4-15 Abatement of Nuisances 8-4-16 Interference With City Shade Tree Committee 8-4-17 Adoption of ANSI A300 and ANSI Z133.1 8-4-1: PURPOSE: The purpose of this chapter is to promote and protect the public health, safety and general welfare by providing for the regulation of the planting, maintenance, and removal of trees, shrubs and other plants within the City of Iona. 8-4-2: DEFINITIONS: Terms used in this chapter shall have the meanings ascribed below: ANSI A300: That certain standard tree, shrub and other woody plant maintenance standard practice as set forth in ANSI A300 (Part 1)-2001, as published by the American National Standards Institute, Inc. and approved on May 22, 2001. ANSI Z133.1 That certain safety standard regarding the planting and maintenance of trees in proximity to utility lines as published by the American National Standards Institute, Inc. May 22, 2001 Edition. COMMUNITY FOREST: The sum of all trees and shrubs within the City. CRITICAL ROOT ZONE: The area under a tree extending from the base of a tree in all directions to a line 10 feet outside of the drip -line. PARK TREES: Public trees, shrubs, bushes and all woody vegetation located in or upon any public park owned by the City, but excluding those trees in the public right-of-way. PERSON: Any individual, firm, partnership, corporation, association, company, or other governmental entity or organization of any kind. PRIVATE TREES: Any tree that is not a public tree. PUBLIC RIGHT-OF-WAY: Improved or unimproved public property owned by, dedicated to, or deeded to, the public or the public's use for the purpose of providing vehicular, pedestrian and other public use. Such public property includes, but is not limited to, streets, alleys, sidewalks, public utility. PUBLIC TREES: Trees located upon public property owned by the City, including street trees. SHRUB: A woody perennial plant, branched at or near the base and which at maturity is expected to grow less than fifteen (15) feet in height. STREET TREES: Trees, shrubs, bushes and all other woody vegetation whose critical root zone is located on or encroaches into any public right-of-way or whose branches overhang any public right-of-way owned or managed by the City of Iona. TOPPING: The severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree's crown or the removal of the top part (trunk and limbs) of a coniferous tree, thereby removing the normal canopy and disfiguring the tree. TREE: A woody perennial plant, usually having one main stem or trunk and many branches and which, at maturity is expected to exceed fifteen (15) feet in height and two (2) inches in diameter. The failure to achieve such height at maturity shall not preclude its consideration as a tree. 8-4-3: COMMUNITY FORESTER: The City Council may appoint a person to serve as Community Forester. The Community Forester shall have such duties and perform such functions as shall be prescribed herein and as required by the City Council. The Community Forester is hereby authorized to: (A) Direct, manage, supervise and control the City street tree and park tree program for the planting, removal, maintenance and protection of all public trees and shrubs on all public areas. (B) To guard all public and private trees and shrubs within the City so as to prevent the spread of disease or pest and to eliminate dangerous conditions which may affect the life, health or safety of person or property. 8-4-4: ESTABLISHMENT OF A SHADE TREE COMMITTEE: There is hereby created and established a Shade Tree Committee for the City of Iona, which shall consist of five members who reside within the City. 8-4-5: TERM OF OFFICE: The term of the three persons appointed by the Mayor shall be three years, except that the initial term of one of the at -large members appointed to the first committee shall be only one year and initial term of the other two at -large members of the first committee shall be for two years. In the event that a vacancy occurs during the term of any member, his or her successor shall be appointed for the unexpired portion of the term. 8-4-6: OPERATION: The committee shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of the members shall constitute a quorum for the transaction of business. 8-4-7: DUTIES AND RESPONSIBILITIES: The lona Shade Tree Committee shall provide advice to the City Council, Mayor, Community Forester and City Council as to the preservation, protection and management of the community forest of lona, in accordance with the intent and purpose of this chapter. The committee shall have the following duties and responsibilities: (A) Assist the Community Forester in encouraging landscaping installation and maintenance on private property by providing information on the value of landscaping and the proper planting and care of trees and other vegetation; (B) Recommend policies and procedures to identify, mark, publicize and preserve historic and notable trees on both public and private property; (C) Assist the Community Forester in promoting appreciation of trees and the Community Forest through annual Arbor Day observances and other activities; (D) Encourage improvement of the community forest through planning and policy development; (E) Assist City departments in every way possible to enhance the community forest in the City; (F) Enhance opportunities for obtaining monetary funds for tree purchases, related supplies and community forestry activities through local and federal assistantship grants and donations; (G) Serve as an advocate of the City's community forest. 8-4-8: SPECIES OF TREES PERMITTED: It shall be unlawful for any person to plant any public tree except the following species of trees: Small Trees Cherry, Canada Red Crabapple, (persistent or fruitless varieties) Elm, Camperdown Honeylocust, Imperial Lilac, Japanese Tree Maple, Amur Mayday Mountain Ash, European Plum, Newport Serviceberry, Saskatoon Sumac Staghorn Medium Trees Ash, Green (seedless varieties) Ash, White (seedless varieties) Birch, Cutleaf Weeping Ginkgo (male sex only) Hackberry Honeylocust, (thornless varieties) Linden, American (varieties) Linden, Littleleaf Maple, Norway (varieties) Maple, Silver Queen Large Trees Ash, Green (native species) Ash, White (native species) Coffeetree, Kentucky Honeylocust, Thornless (native species) Horsechestnut Linden, American (native species) Maple, Norway (native species) Oak, Bur Oak, Northern Red Prunus virginiana 'Shubert' Malus spp. Ulmus glabra 'Camperdownii' Gleditsia triacanthos var. inermis 'Imperial' Syringa reticulata Acer ginnala Prunus padus Sorbus aucuparia Prunus cerasifera 'Newport' Amelanchier alnifolia Rhus typhina Fraxinus pennsylvanica Fraxinus americana Betula pendula laciniata Ginkgo biloba Celtis occidentalis Gleditsia triacanthos var. inermis Tilia americana Tilia cordata Acer platanoides Acer saccharinum 'Silver Queen' Fraxinus pennsylvanica Fraxinus americana Gymnocladus dioicus Gleditsia triacanthos var. inermis Aesculus hippocastanum Tilia americana Acer platanoides Quercus macrocarpa Quercus rubra No species other than those included in the above list may be planted as street trees or in the public right-of-way without written permission from the City Council. 8-4-9: UTILITIES: (A) It shall be unlawful for any person to plant any public or private tree under or within twenty (20) lateral feet of any overhead utility wire, or over or within five (5) lateral feet of any underground water line, sewer line, electric transmission or distribution line or other utility except the following species of trees: Cherry, Canada Red Crabapple, (persistent or fruitless varieties) Elm, Camperdown Honeylocust, Imperia Lilac, Japanese Tree Maple, Amur Mayday Mountain Ash, European Plum, Newport Serviceberry, Saskatoon Sumac, Staghorn Prunus virginiana 'Shubert' Malus spp. Ulmus blabra 'Camperdownii' Gleditsia triacanthos var. inermis 'Imperial' Syringa reticulata Acer ginnala Prunus padus Sorbus aucuparia Prunus cerasifera `Newport' Amelanchier alnifolia Rhus typhina (B) It shall be unlawful to plant any public or private tree at any location in any manner which does not comply with the safety standards for planting and maintenance of trees in proximity to public utilities, as set forth in ANSI Z133.1. (C) The City of Iona will not be responsible for damage to any tree or shrub located within a utility easement as a result of the operation or maintenance of public utility lines. Damage to any public utility system caused by trees improperly located within the public right-of-way or easement will be repaired at the owner's expense. 8-4-10: REGULATIONS FOR PLANTING STREET TREES: Street trees shall be classified in accordance with the three species size classes listed in section 8-9-8 of this chapter. Street trees shall not be planted closer together than the following: small trees, 20 feet; medium trees, 30 feet; large trees, 40 feet. No trees may be planted closer to the backside of any curb or the nearest edge of any sidewalk than the following: small trees, 2 feet; medium trees, 3 feet; and large trees, 4 feet. All distances shall be measured from the center of the tree trunk at ground level. 8-4-11: TREES AND SHRUBS OVERHANGING PUBLIC PROPERTY: All owners, or persons in control of private real property upon which a street tree or shrub is growing, shall remove or trim, at his or her expense, all limbs or foliage which overhang or project into any public street, sidewalk, alley or easement and which interfere with public travel or use of such public way or easement or which do not satisfy the clear view and corner clearance requirements of the City Zoning Ordinance. Street trees and shrubs shall be trimmed from the ground level to at least twelve feet (12') above any public street, public easement or alley, and to at least eight feet (8') above the curb and sidewalk. 8-4-12: ABUSE OF PUBLIC TREES AND SHRUBS: (A) Unless authorized by an appropriate public officer, it shall be unlawful for any person to: (1) injure, deface, disfigure or destroy any public tree; (2) permit any animal under his control to injure any public tree or shrub; (3) permit any fire to injure any portion of any public tree or shrub; (4) cause any toxic chemical to be applied to, seep, drain or be emptied on or about any public tree or shrub; attach any device or structure to or on public trees, in a manner which harms or which may potentially harm a public tree; (6) injure, destroy, cut or pick any flower or ornamental plant growing, standing or being on public property; make or cause excavations in the soil near roots of public trees unless appropriate measures are taken to prevent exposed soil from drying out; (8) damage the roots of a public tree by compacting or filling on or around the base of the tree; (9) to top, prune or trim any public tree, except in accordance with the provisions of ANSI A300. (5) (7) (B) Nothing herein shall prevent or prohibit the pruning, removal, treatment, care or maintenance of any public tree or shrub, provided such work complies with the provisions of ANSI A300. 8-4-13: STREET TREE CARE: The City Council shall have the right to remove, trim, destroy and control all street trees which are planted, grown or maintained in violation of the provisions of this Chapter. The City Council shall have the right to plant, prune, maintain and remove street trees within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. 8-4-14: TREE TOPPING: It shall be unlawful for any person to prune or top any public tree or other public tree, except in accordance with ANSI A300. 8-4-15: ABATEMENT OF NUISANCES. (A) The City hereby declares the following actions, practices or objects to be a public nuisance: (1) Any living or standing private or public elm tree or part thereof infected with the Dutch elm disease fungus Ceratocystis ulmi (Buisman) or which harbors any of the elm bark beetles Scolytus multistriatus (Marsham) or Hylurgopinus rufipes (Eichhoff). (2) Any public or private dead elm tree or part thereof, including logs, branches, stumps, firewood or other elm material not buried, burned, sprayed with an effective elm bark beetle -destroying insecticide, or from which the bark has not been removed. (3) The cultivation, maintenance or allowing to grow of any private or public tree which harbors any insect, disease or infestation by any living creature which poses a threat to the health or safety of any other public or private tree within the City or which poses a health or safety threat to any person or property. (4) Any public or private tree infested by any insect, pest or disease which is determined by the City Forester to pose a threat to the health of any other public or private tree. (5) Any public or private tree, the roots of which are growing beneath a public sidewalk and which cause a public hazard to the safe and efficient pedestrian travel upon such sidewalk. (6) Any public tree planted, growing or maintained in violation of the provisions of this Chapter. (B) Any person who fails to commence the abatement of any nuisance within ten (10) days after receiving written notice from the City, or who fails to diligently prosecute and complete the abatement of such nuisance within a reasonable time after the delivery of such notice, shall be guilty of a misdemeanor. Such notice shall be delivered to the owner or person in control of any property upon which such nuisance shall exist. Notice shall be deemed complete upon its deposit in the United States mail, postage prepaid, certified mail, return receipt request, addressed to the last known address of such owner or person. (C) In the event any owner or person in control of private real property fails to abate such nuisance in accordance with the time frame set forth above, then the City may prevent, remove or abate such nuisance at the expense of such owner or person and may levy a special assessment against the property upon which such nuisance is located, in accordance with the provisions of Idaho Code § 50-334. 8-4-16: INTERFERENCE WITH CITY SHADE TREE COMMITTEE: It shall be unlawful for any person to prevent, delay or interfere with the City Forester, or his or her agents while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any street trees, park trees, or trees on public property, as authorized in this chapter. 8-4-17: ADOPTION OF ANSI A300 and ANSI Z133.1: There is hereby adopted as an official code for the maintenance of trees, shrubs and other woody plants that certain standard maintenance practice as published in ANSI Standard A300 (Part 1)-2001, as published by the American National Standards Institute, Inc. and approved on May 22, 2001. There is also hereby adopted as an official code, that certain safety standard for planting and maintenance of three in proximity to utility lines, known as ANSI Z133.1 as published by the American National Standards Institute, Inc., May 22, 2001 Edition. One copy of such codes shall be filed with and maintained in the office of the City Clerk, for use and examination by the public.