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HomeMy Public PortalAboutMinutes_CCMeeting_03261998CITY COUNCIL MEETING MARCH 26, 1998 AT 6:00 P.M. PRESENT: Mayor Craig Rockwood, Council Members: Dave Huntsman, Dee Johnson, Brad Andersen, Susan Barnes, Treasurer Ron Nelson, City Clerk Betty McKinlay, Chief of Police Ross Johnson. VISITORS: Rod Moore Mayor Rockwood welcomed everyone. The Minutes were approved. Dave motioned and Dee 2nd. All were in favor. The following bills were presented for payment: WATER GENERAL Eagle Press 194.25 Post Register 45.38 AT & T 11.77 Utah Power 333.03 Mason's 2.62 U S West 147.86 Utah Power 1264.89 6-12 Store 51.65 Digital Doohickeys 20.00 CAL 13.97 Bank of Commerce 10.00 Larsen's Repair 50.00 Intermountain Gas 665.88 Holden Kidwell 225.00 John Deere 2250.00 Murdock Travel 576.00 Dee motioned the bills to be paid. Dave 2nd. All were in favor. The Financial Report was reviewed. Rod Moore was in attendance. He wants to split his lot on Olsen and Iona Rd. It is in accordance with the regulations. After some discussion, Dave motioned the re -plotting of the Rod Moore lot 3315 N. Olsen and Susan 2nd. All were in favor. Rod also wants to build a garage behind his own home. He requested that the City vacate property to the north of his property. It was not on the Agenda for this time so it was suggested the Council go look at it and put on the Agenda for next month. The Water report was reviewed. Solid Waste Disposal was discussed. The Council agreed to get more information before having a Public Hearing. PUBLIC HEARING AT 7:00 P.M. ANNEXATION OF GENE ROCKWOOD PROPERTY PRESENT: Same as above with the following added: Angela & Steve Tuck, Ellie Winfield, Mike Lucius, John Rushton, Dale & Sharon Rockwood. #PN Mayor Rockwood turned the Public Hearing Meeting over to Dave Huntsman. There was discussion about the annexation. The meeting closed at 7:40. Mayor Rockwood asked the Council for a motion to approve the Annexation with legal description recorded. Dave motioned and Susan 2nd. All were in favor. Zoning motion — R-1 Residential Zone Dave motioned and Dee 2nd. All were in favor. Jerry & JoAnn Hansen came to discuss annexing their property to build storage units. Their current lot is already zoned commercial. A Hearing is scheduled for our next meeting. People who live around Hansen's will be notified. Craig up -dated us on the Impact Agreement to present to the County Commissioners. The Council is to read the Ordinance Draft and get back to Craig on the plan. Brad Anderson reported on the Spring Fling. Myrna Guthrie is the Chair -person. She has organized it and businesses have donated money and eggs for the Easter Egg Hunt. Lunch will be provided for a small fee. The Spring Fling will be held April 11`h Dru Guthrie came to talk about the water bill at the shop his wife Cindy runs. The Council will discuss it and get back with Dru. Cindy is only using the shop for storage now. There is no turn off valve. The Post Office and Cindy's shop is hooked onto the same valve. The Council suggested getting the owner to change it to separate valves. We will adjust Cindy's bill and not charge her any more. Wheeler Electric bid on installing the fuse box. The bid was $500. The Council said to go ahead and have them fix the fuse box. Craig mentioned Rod Anderson wanted to know if he needed a Variance to build a garage. The Council agreed that he would need to apply for a variance. The Lions Club members just finished their meeting and came to visit with us. The Council adjourned briefly to look at the steps that Dwayne Browning is finishing on the south wing of the building entrance. Dwayne will re -do the floor in the cultural hall also. Tom mentioned his work crew could use some work. The Council will discuss some work to be done. Craig reported on the Legislative meetings he attended and helped pass a couple of house bills. Representative Golden Linford from Rexburg recognized the levy problem and sponsored the Legislative. The Governor signed the bill and it is now law. Craig has the pen the Governor signed it with. AIC Conference is in Idaho Falls this year and Craig suggested that everyone go. Dave mentioned the Zoning going on around us. He is in the process of redoing the Sub - Division Ordinance. The Council is welcomed to read it and make any suggestions. Dave mentioned the Cat problem he has underneath his patio. He was having graham crackers and milk one evening and heard a commotion outside and looked out and Sox and Tippy were chasing each other. He was given the OK to purchase a trap. The Comprehensive Plan was discussed. Susan discussed the WBBA (Western Boys Baseball Assoc.). They want to know if the fee is negotiable and if they can harrow the field. Paul Hansen will do the Summer Program again this year. Susan mentioned the Gem Community Meeting she attended. She had Dee Johnson present a video of Iona as a selling point for Grants. The computer has been ordered. Susan's son , Gary, will do a Web Page for us. Craig mentioned having Kim Ryan build some shelves in the office for us and getting a computer desk. Susan visited with Russell Swenson about a walking track he did for Ammon. Brad discussed the water tank being inspected. He mentioned training courses to get certified. His Ward is doing a Service Project every Tues. Craig suggested adopting a street or block to clean. It was suggested giving Myrna Guthrie a gift certificate for her service as chair person of the Spring Fling., and also for Brad Hilton , Travis Grant, and Dick Lee for laying the carpet. One of the puddles on Scoresby was discussed. Craig suggested taking pictures so we can see what to do with it in the summer. Iona Days was discussed briefly. It was suggested sending an invitation to each Mayor and Commissioners around. Dave motioned to adjourn. Time: 11:00. CITY OF IONA **BUDGET REPORT** my 02-28-98 **** GENERAL FUND **** ID ACCOUNT# ACCOUNT TITLE ESTIMATED REVENUE PAGE 003 * *RECEIPTED * * UNRECEIPTED PERCENT MTD YTD BALANCE RECEIPTED 305.00 STATE HIGHWAY USERS 310.00 STATE REVENUE SHARING 315.00 STATE LIQUOR TAX 320.00 BEER & DOG LICENSES 375.00 COURT REVENUE 330.00 INTEREST 335.00 CABLE TV FRANCHISE 340.00 NATURAL GAS FRANCHISE 345.00 UTAH POWER FRANCHISE 350.00 MACHINE HIRE 355,00 BUILDING RENT 357.00 BUILDING DONATIONS 358.00 BUILDING GRANTS I 360.00 PROPERTY TAX REVENUE I 390,00 MISCELLANEOUS REVENUE 1 395.00 RESERVES **TOTAL GENERAL FUND REVENUE * GENERAL FUND **** UND ACCOUNT# ACCOUNT TITLE 47,000.00 28,500.00 6,000.00 200,00 500.00 1,800.00 2,600.00 3,100,00 10,500.00 2,500.00 5,000.00 20,000.00 21,851.00 500.00 10,000.00 .00 25,212.32 .00 15,368,42 .00 5,422.00 33.00 114.00 123.30 351.00 208.31 975.48 2,316.66 2,316.66 961,75 1,203.96 2,788.99 5,242.53 .00 .00 10.00 385.50 .00 467.00 .00 .00 743.32 13,388.21 1,500.00 1,717.00 .00 .00 21,787.68 13,131.58 578.00 26.00 149.00 824.51 283.34 1,896.04 5,251.41 .00 2,114.50 4,533.00 20,000.00 8,462.79 1,217.00- 10,000.00 53,64 53.92 90.37 87.00 70,20 54.19 89.10 38,84 49.93 15.42 9.34 61.17 343.40 160,051.00 8,685.33 12,224,08 87,826,92 45,13 ESTIMATED * *EXPENDED* * UNEXPENDED PERCENT EXPENSE MID YTD BALANCE EXPENDED '1 410.00 PAYROLL it 410,00 RETIREMENT Il 422.00 HEALTH INSURANCE II 424.00 PAYROLL TAXES 11 429.00 MISC. PAYROLL 11 440.00 ELECTRICITY - NATURAL GAS 11 445.00 OFFICE SUPPLIES 11 446.00 TRAVEL 11 441.00 ADVERTISING DI 450.00 INSURANCE LIABILITY DI 455.00 LEGAL 8 AUDIT FEES DI 460.00 POLICE SUPPLIES 01 465.00 VEHICLE RENT 01 410.00 MAINTENANCE 01 472.00 BUILDING EXPENSE 01 475.00 CIVIL DEFENSE 01 490.00 CAPITAL IMPROVEMENTS 01 495.00 MISCELLANEOUS EXPENSE **TOTAL GENERAL FUND EXPENSES 45,000.00 5,297.50 25,990.14 19,009.86 57.76 7,000.00 506,00 1,693,12 4,306.88 38.47 3,500.00 1,123.20 2,695.80 804.20 77.02 6,800.00 408.08 2,031,79 4,768.21 19.88 .00 .00 .00 10,250,00 998.79 4,130.60 6,119.40 40,30 4,000.00 258.34 1,671.76 2,328.24 41.79 1,500.00 50.00 50.00 1,450.00 3,33 500.00 .00 441.47 58.53 88.29 5,000.00 ,00 2,248.00 2,752.00 44.96 5,000.00 225.00 2,625.00 2,375.00 52.50 6,000.00 .00 1,150.00 4,850.00 19.17 4,000.00 .00 .00 4,000.00 22,500,00 120,30 5,137.28 17,362.72 22.83 15,000.00 .00 502.68 24,497.32 2.01 500.00 .00 .00 500.00 9,851.00 .00 5,200.00 4,651,00 52,79 3,650.00 30.27 1,235,74 2,414,26 33.86 160.051.00 9,017.48 57,803.38 101,147,62 36.12 **NET EXCESS OR DEFICIENCY(-1 331.15- -------------------- 14,410.10 L4,420.10- CITY OF IONA **BUDGET REPORT** i 07-28-98 **** WATER FUND **** :UND ACCOUNT# ACCOUNT TITLE PAGE 004 ESTIMATED * *RFCEIPTED** UNRECEIPTED PERCENT REVENUE MTD VTD BALANCE RECEIPTED 12 305.00 COLLECTIONS 12 310.00 HOOK UP FEES 12 315.00 INTEREST 12 395.00 RESERVES **TOTAL WATER FUND REVENUE **** WATER FUND **** 1LND ACCOUNT# ACCOUNT TITLE 89,000.00 7,659.11 38,694.95 50,305.05 2,400.00 .00 .00 1,400,00 2,000.00 247.92 1,205.27 194.73 31,262.00 .00 .00 37,262.00 43,48 60,26 130,662.00 1,901.03 39,900.22 90,761.78 30.54 ESTIMATED * *EXPENDED* * UNEXPENDED PERCENT EXPENSE MTD YID BALANCE EXPENDED 17. 410.00 SALARIES 8 BENEFITS 20,000.00 .00 .00 20,000.00 12 440.00 ELECTRICITY 28,000.00 1,305.65 8,033,41 19,966.53 18.69 11 445.00 OFFICE, SUPPLIES, LEGAL 3,000.00 282.24 1,363.30 1,636.70 45.44 12 450.00 ENGINEERING COSTS 5,000.00 .00 .00 5,000.00 12 460.00 VEHICLE EXPENSE .00 .00 .00 11 465,00 VEHICLE RENT 3,000,00 .00 .00 3,000.00 12 470.00 REPAIRS A MAINTENANCE 20,000,00 159.00 2,359.89 11,640.11 11,80 11 480.00 BOND PAYMENT 16,500,00 .00 7,860,16 8,639,84 41.64 12 482.00 BOND INTEREST 15,500.00 .00 7,823.91 1,616.09 50.48 12 485.00 BOND RESERVE FUND .00 ,00 .00 12 490,00 CAPITAL IMPROVEMENTS 19,662.00 .00 .00 19,662.00 et) **TOTAL WATER FUND EXPENSE 130,662.00 1,746.89 27,440.73 103,221.27 21.00 **NET EXCESS OR DEFICIENCY(-) 6,160.14 12,459.49 12,459.49- CITY OF IONA **BUDGET REPORT** 02-2B-96 **** RECREATION FUND **** FUND ACCOUNT# ACCOUNT TITLE PAGE 006 ESTIMATED * *RECEIPTED * * UNRECEIPTED PERCENT REVENUE MTO YTD BALANCE RECEIPTED 04 305.00 BASEBALL FEES 04 310.00 SHELTER RENTAL 04 315.00 POSSIE FEES 04 320.00 WESTERN BOYS FEES 04 395.00 RESERVES 5,500.00 .00 .00 5,500.00 650.00 .00 60.00 590,00 9,23 .00 .00 .00 350.00 .00 .00 350.00 .00 .00 .00 **TOTAL RECREATION FUND REVENUE 6,500.00 .00 60.00 6,440,00 .92 **** RECREATION FUND **** FUND ACCOUNT# ACCOUNT TITLE ESTIMATED * *EXPENDED* * UNEXPENDED PERCENT EXPENSE MID YTD BALANCE EXPENDED 04 410.00 RECREATION EQUIPMENT 04 415.00 RECREATION LABOR 04 420.00 BASEBALL SUPPLIES 04 470,00 RECREATION MAINTENANCE **TOTAL RECREATION FUND EXPENSE **NET EXCESS OR DEFICIENCY(-) .00 .00 .00 2,000,00 .00 .00 2,000.00 3,000.00 .00 .00 3,000,00 1,500,00 .00 .00 1,500,00 6,500.00 .00 .00 6,500.00 .00 60.00 60.00- gr�}7 L i �7 v� TvuA 3-i9- 9s m WILSON JONES COMPANY 07504 CohOeOWrlle m, 3 9 10 it 12 13 14 15 16 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 39 40 TY4M Amoy �Pk(e ,ANJtdou RokL YAlice, (u y BL+anti• Paul (c.rievA) R o 6 tet- c1it1 k k �� ir,.rrt t Dream, 3 u c bey, ;64- /1/Pfo :► 4 Tinf.ti lsw;ws (f e ,f.l rr.f D6kvreu, F•►wlah 1145tfe` NrANtje A • k C Fu 1(,Lv I716r,I1 1i4K([`^ f116ti . 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O 70 4 00 e'r' lott h © WILSON JONES COMPANY 07504 ColumnWdte ) 8 9 10 11 1- 41 , Al&ayeeh_ tevAlfse. 12 13 14 15 18 18 19 20 21 23 24 25 28 27 28 30 31 32 33 35 38 39 40 ■11111179 ■11111E1 ■11111M ■11111E o0 ■11111/ ■1111 / ■111111m 111113m 1111111m -111 IIIIII■ IIIIII■ ■IIIIII■ 111111■ IIIIII■ 11111111 'A 111 .1■ y 111111111 1111111 11111111 11111111 1■ Prepared By Approved By Initials Date MADE IN U.S.A. 4 9 RUSSELL SWENSEN February 24, 1998 After reading an article in the newspaper a few days ago about Mr. and Mrs. Swensen's efforts in putting together a walking/bicycling path for their city of Ammon, and that they were leaving soon to serve an L.D.S. mission to Western Samoa, I spent approximately 45 minutes on the telephone with Mr. Swensen. He told me their interest in this project began several years ago after a serious accident at the corner of 17d' and Ammon Road when two women were walking in the roadway and were struck by a teen- age driver. In his words, "Three lives were ruined that day". Mrs. Swensen is herself a walker and the idea of creating a safe path in their community was born. When the Relief Society decided to embark on a recycling project for the sesquicentennial they decided to combine their efforts into the walk/bike pathway and got the City Council to agree to match their efforts "dollar for dollar". This kind of project can only succeed with a real driver like Mr. Swensen. He personally hauled nearly every load of recyclables himself. He went to the schools and the L.D.S. wards to promote and put out flyers asking people to bring their recyclables and set up delivery spots and times. The collection times for Ammon were the 2"d and 4' Saturday of each month from 8:00 A.M. to 12:00 Noon. With the help of volunteers, they gathered and separated the material (cans, newspaper, cardboard, plastic, etc.) and then loaded it onto separate pallets on a flat-bed trailer. It was then covered with a large tarp and hauled to BFI Recycling. This project required an enormous amount of community support. Mr. Swensen also personally wrote and landed a CHC grant in the amount of $15,000.00; he secured two successive annual grants through Utah Power and Light which paid for trees to be planted around the pathway. Scout projects provided markers to show distances around the pathway which totals 7/8 of a mile in length. Eagle Scout projects added resting benches. The project also required ongoing support of volunteers to man the collection sights. Mr. Swensen made presentations to each of the Ammon L.D.S. Ward Bishops and they agreed to take turns at 3- month shifts for the responsibility of manning the collection sites. LDS High Priests, Young Men/Women and Elders took turns doing the work on "Collection Saturdays". They collected, sorted and hauled the recyclables. Mr. Swensen strongly emphasized that even though he made good use of the Mormon Church system, other groups gave just as enthusiastically and he recognized volunteers and contributors from all parts of their community. Younger scout groups were used to deliver newsletters and flyers. Because the Hillview Elementary schoolkids were using roadways to walk to and from school and this presented a safety issue, Mr. Swensen approached District #93 Superintendent Tom Campbell and succeeded in getting the school district's cooperation in working with the "common boundary" between the school grounds and the city park. With the work of the school and the city, they were able to link up some existing sidewalk with the pathway and in the end give the kids a safe area to walk to school, out of the road. a When it came time to actually put the pathway in place, young people volunteered their time and rolled up the sod and put it on pallets. The sod was then sold to the public at a cost of $ .10 per square foot (which also qualified for the $ for $ city match). This was done after contacting local greenhouses to explain their project and that they didn't want to compete with them but had a worthwhile community effort going on. After rolling the sod, they planted trees and readied the ground for the asphalt. The asphalt project was bid out and cost approximately $40,000.00 which included the excavation, preparatory base and 7/8 mile of asphalt. We talked about the kind of recyclables collected. Tin cans and newspapers account for the majority of material; you can collect computer paper but it must be separated. Information could be received from the recycling company taking material collected. Ammon had an old donated railroad boxcar which they used to store surplus materials. Some of the selling points used in their campaign to generate interest in the project were: Keep the recyclables out of the landfills. Money will benefit a good cause. Garbage companies don't have to haul it. Saves trees. Good Service Projects made available. The pathway is used for walking, bicycling and roller blading, with no apparent conflict. The City of Ammon maintains the pathway, especially in winter, keeping it cleared of snow so that it can be used at all times and kids can still use it safely. The project is on -going as other areas of the community want to have their own pathways; I hope Mr. Swensen's successor has 'A his vitality and spirit! In his words, you need to have someone who is "sold on it". You also need good "PR people" to advertise and create enthusiasm and volunteer coordinator. You need to make good use of local newsletters/bulletins and/or utility billings to get information out and to remind contributors to save their recyclables and collection dates. MEMORANDUM TO: Craig Rockwood FROM: Dale W. Storer, City Attorney DATE: March 19, 1998 Area of Impact RE: Enclosed for your review and consideration is a draft of an area of impact ordinance and an ordinance adopting an area of impact. Idaho Code Section 67-6526 requires the adoption of two separate ordinances, the first identifying the area of impact and the second establishing the provisions for enforcement of the zoning ordinances, building codes and subdivision ordinances. If you have any questions or modifications, please feel free to contact me at your earliest convenience. Enclosures G.\W PDATA\DW S\3400\ROCK0313. MEM-.cs ORDINANCE NO. A JOINT ORDINANCE OF BONNEVILLE COUNTY AND THE CITY COUNCIL OF THE CITY OF IONA, IDAHO; PROVIDING FOR A GEOGRAPHIC AREA OF CITY IMPACT FOR THE CITY OF IONA; PROVIDING FOR A GOVERNING PLAN, AN ORDINANCE, ADMINISTRATION AND ENFORCEMENT OF SAID AREA OF CITY IMPACT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Idaho Code Section 67-6526 requires, among other things, that cities and counties: (a) Shall adopt by ordinance a map identifying an area of city impact within the unincorporated area of the county; (b) Shall, by separate ordinance, provide for the application of plans and ordinances for the area of city impact; and WHEREAS, the City Council (the "City Council") for the City of Iona, Idaho, and the Board of County Commissioners (the "Board") for the County of Bonneville, Idaho, have, pursuant to the mandate of Idaho Code Section 67-6526, entered into and have conducted extensive negotiations regarding the area of impact; and WHEREAS, the aforementioned negotiations considered the following factors, among others: (1) trade area; (2) geographic factors; and (3) areas that can reasonably be expected to be annexed into the City of Iona, Idaho, in the future; and WHEREAS, the Bonneville County Planing and Zoning Commission has considered and made recommendations to the Board regarding an appropriate Area of City Impact, and (2) the Comprehensive Plan and Zoning Ordinance requirements that should apply thereto; and WHEREAS, the governing boards for the County and City of Iona, Idaho, did by separate ordinance adopt and create an Area of City Impact; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO AND THE BOARD OF COUNTY COMMISSIONERS OF BONNEVILLE COUNTY: Section 1: Geographic Area of City Impact. For the purposes of this Ordinance, the term "Area of City Impact" shall mean the area identified in Ordinance No. Ordinances of the City of Iona, Idaho and Ordinance No. , Ordinances of Bonneville County. Section 2: Governing Plan and Ordinances. (1) The City of Iona Comprehensive Plan and Comprehensive Plan Land Use Map attached hereto as Exhibits A and B, Zoning Ordinance (Ordinance No. 29, as amended), and Subdivision Ordinance contained in Chapter 1, Title 10, Iona City Code, as well as all subsequent amendments to said Plan, regulations and maps, are hereby adopted by reference by the County of Bonneville to be in full force and effect in the Area of City Impact. (2) Within the Area of City Impact, no provision of this Ordinance shall apply to any parcel of land 20 acres or larger used solely for agricultural purposes. - 2 - (3) The City of Iona Uniform Building and Plumbing Code, as adopted in Chapter , Title , of the Iona City Code, be and hereby are adopted as codes for the Area of City Impact. Section 3: Administration. (1) The Board of Commissioners for Bonneville County hereby appoints the Iona City Council to administer all ordinances and codes as adopted by reference herein for the Area of City Impact, to provide assistance and guidance to the Area of City Impact Commission, and to perform all planning and zoning duties imposed by law upon the Board for the Area of City Impact. (2) The Board of Commissioners of Bonneville County hereby appoints and authorizes the City of Iona and its agents and employees to issue zoning and building permits within the Area of Impact as required by the regulations adopted herein, and to charge and collect fees for such administrative duties. The City of Iona accepts the appointment and authorization. (3) For the purposes of Idaho Code Section 67-6526(g), there is hereby created a Joint Area of City Impact Planning and Zoning Commission for the purpose of making recommendations to the Board and the City Council with respect to any amendments or modifications to the Area of City Impact, Comprehensive Plan or zoning of any property located within the Area of City Impact. Such Joint Planning and Zoning Commission shall consist of two members appointed by the Board and two members appointed by the City Council, all of whom shall reside within the Area of City Impact while performing their - 3 - official duties. The members of the Joint Planning and Zoning Commission shall serve for a term of three years, provided, however, one member of the initial Commission appointed by the Board and City Council shall serve an initial term of one year, at which point in time the Board and the City Council shall respectfully appoint or re -appoint their successor for a three-year term. For the purposes hereof, such Joint Planning and Zoning Commission shall function separately from and apart from the Bonneville County Planning and Zoning Commission; however, such planning and zoning shall be governed by and shall conform to all procedural provisions of the Bonneville County Zoning Ordinance. (Ordinance No. , Ordinances of Bonneville County, Idaho) Section 4: Enforcement. The Board of Commissioners of Bonneville County appointees and authorizes the City of Iona and its employees and agents to enforce compliance with the provisions of this Ordinance and the regulations adopted herein, and to institute civil action in District Court on behalf of Bonneville County, provided that the City pays all costs associated with such enforcement action and, further, the City agrees to indemnify Bonneville County from all claims arising from such enforcement actions. The City of Iona hereby accepts the appointment and authorization. Section 5: Renegotiation. The Area of City Impact may be reviewed and renegotiated at any time upon the request of either party hereto. Section 6: Effective Date. This Ordinance shall be effective immediately upon passage and publication by the Board and the City as required by law. - 4 - PASSED BY THE CITY COUNCIL the day of , 1998, and SIGNED BY THE MAYOR the day of , 1998. ATTEST: Betty McKinlay City Clerk Craig Rockwood Mayor PASSED BY THE BOARD OF COMMISSIONERS the day of , 1998, and SIGNED BY THE CHAIRMAN OF THE BOARD, the day of , 1998. William Shurtleff Chairman ATTEST: Ronald Longmore County Clerk G \WPDATA\DN'S,; 400'. INIPACT2. ORD.cs ORDINANCE NO. A JOINT ORDINANCE OF BONNEVILLE COUNTY AND THE CITY COUNCIL OF THE CITY OF IONA, IDAHO; ESTABLISHING AN AREA OF IMPACT WITHIN THE AREA SURROUNDING THE CITY OF IONA, IDAHO; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Idaho Code Section 67-6526(a), requires among other things that cities and counties adopt an ordinance identifying an area of impact within the unincorporated area of the County; and WHEREAS, Bonneville County and the City of Iona desire to adopt such area of impact; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO AND THE BOARD OF COUNTY COMMISSIONERS OF BONNEVILLE COUNTY: Section 1: Map Identifying Area of Impact. It is hereby adopted by the Board and the City Council as an area of impact for the City of Iona, Idaho, that certain area identified on the map attached hereto as Exhibit "A". Section 2: Effective Date. This Ordinance shall be effective immediately upon passage and publication by the Board and the City as required by law. PASSED BY THE CITY COUNCIL the day of , 1998, and SIGNED BY THE MAYOR the day of , 1998. ATTEST: Betty McKinlay City Clerk Craig Rockwood Mayor PASSED BY THE BOARD OF COMMISSIONERS the day of , 1998, and SIGNED BY THE CHAIRMAN OF THE BOARD, the day of , 1998. ATTEST: Ronald Longmore County Clerk G:\WPDATA\DWS\3400INIPACT3 ORD:cs William Shurtleff Chairman - 2 - HOLDEN, KID WELL, HAHN & CRAPO, P. L. L. C. MEMORANDUM TO: Craig Rockwood FROM: Dale W. Storer DATE: March 2, 1998 RE: Iona Solid Waste Disposal The following will respond to your questions concerning solid waste disposal service providers. 1. If the Council elects to operate its own solid waste program by contracting with a provider, you can legally require that everyone subscribe to such service. 2. If you execute a franchise agreement with a sole provider, you may legally exclude others from competing, upon the basis that an exclusive franchise diminishes the number of heavy trucks operating on your roads, allows for consistent, uniform service and enhances the quality of service by eliminating fractionalization of service where capital expenditures are substantial. If you take that approach, you will need to reserve rate regulatory authority and supervision over quality of services in order to ensure the exclusive provider does not abuse the monopoly granted to him. If you elect to take that approach, you would need to first adopt an ordinance making it unlawful to operate without a franchise and providing that the City Council may grant an exclusive franchise to the provider whom the City believes will provide the best quality of service for the citizens. 3. As I mentioned in my earlier correspondence, the ability to collect a franchise fee is somewhat uncertain. There is no express authority in the Idaho State Code allowing a collection of a fee, although there is authority to allow a city to grant franchises. Arguably, implicit within the authority to grant a franchise is the authority to collect a franchise fee. If you wish to pursue collection of a franchise fee, I suggest we discuss this issue at greater length. Craig Rockwood March 2, 1998 Page 2 4. The frequency within which you may evaluate the service and renegotiate the contract would be at your sole discretion. A longer franchise enhances a provider's willingness to make substantial commitments to capital expenditures; however, a longer franchise has the potential for locking you into an unfavorable contract where the level of service is not satisfactory. I suggest you consider a term of no less than three years and perhaps five to seven years. If you grant the longer term, you may wish to include provisions in the contract allowing you to terminate for cause. Once again, as part of your ordinance you can require all residents to participate, although you may allow residents to haul their own garbage if they so desire. If you have further questions, please do not hesitate to call. C.\W PDATA\DWS\3400\ROCK0227. N1EN1:cs CHECKS FOR MARCH 1998 ON GENERAL ACCOUNT 2564 03/07/98 Id. St. Tax Com. 214.00 2565 44 Bank of Commerce 1258.54 2566 44 PERSI 837.78 2567 Gt Utah Power 333.03 2568 66 Idaho NCPERS 24.00 2569 44 Id. St. Ins. Fund 1405.00 2570 66 Bonneville County Implement 2250.00 2571 03/12/98 Ross Johnson 1095.29 2572 64 Craig Rockwood 216.22 2573 44 Brad Andersen 86.49 2574 44 Susan Barnes 86.49 2575 6 4 Dave Huntsman 86.49 2576 66 Dee Johnson 86.49 2577 46 Tom Walker 206.86 2578 03/14/98 Postmaster 32.00 2579 03/19/98 Bank of Commerce 10.00 2580 46 CAL Stores 13.97 2581 44 Post Register 45.38 2582 44 Larsen Repair 50.00 2583 66 Jack's 6-12 51.65 2584 44 U S West 147.86 2585 44 Holden, Kidwell 225.00 et, 2586 03/19/98 Security Life 287.50 2587 Intermountain Gas 665.88 2588 03/26/98 City of Idaho Falls 576.00 2589 03/28/98 Intermountain Notary Institute 54.00 2590 64 Ross Johnson 1065.29 2591 44 Betty McKinlay 624.64 2592 Ron Nelson 368.80 CHECKS FOR MARCH 1998 ON WATER ACCOUNT 730 03/02/98 Postmaster 79.60 731 03/07/98 Utah Power 1264.89 732 03/13/98 Postmaster 24.93 733 03/19/98 Mason's 2.62 734 44 A T & T 11.77 735 64 Digital Doohickeys 20.00 736 64 Eagle Press 194.25