HomeMy Public PortalAboutPacket_CCMeeting_02212018City Council ivl e e ting
February 20, 2018
Tab A
Agendas
Tab B
Minutes
Tab C
Financials
Tab D
Discussion of Tropical Sno in the City Park
Tab F
Approval of Licensing Agreement for
Idaho Counties Risk Managmenet Program
(ICRMP) Police Policy
1'ab F
Adoption of Resolution for ICRMP Police
Policy
Tab G
Approval of the Idaho Unified Certification
Program Agreement
Tab H
Discussion of the Dee Johnson Land Use
Agreement
Tab I
Country Haven Park Proposal
City CounciCivleeting
February 20, 2018
TAB A
AGENDA1
Iona City Council Special Work Meeting
February 20, 2018 — 6:00 p.m.
Iona City Hall — 3548 North Main Street
1. WELCOME
2. ROLL CALL
3. CONSENT AGENDA
4. ITEMS OF BUSINESS
a. Discussion of Tropical Sno in the City Park (TAB D)
b. Report on the Authorizing Resolution
c. General Discussion of the Water System Improvement Project
5. ADJOURNMENT
1 The Idaho Open Meeting Act prohibits Council deliberation or a decision on matters that are not specifically listed
on the Agenda. Persons wishing to items placed on the Agenda should contact the City Clerk no later than the
Tuesday Prior to the next meeting. Persons needing special accommodations to participate in the meeting should
contact the City Clerk no later than 1:00 p.m. on the day prior to the meeting.
AGENDA1
Iona City Council Regular Meeting
February 20, 2018 — 7:00 p.m.
Iona City Hall — 3548 North Main Street
1. WELCOME
2. ROLL CALL
3. PLEDGE OF ALLEGANCE
4. CONSENT AGENDA
a. Minutes
b. Financial and Expense Reports
5. ITEMS OF BUSINESS
a. Appointment of John Price to City Council
b. Appointment of James West to Planning & Zoning Commission
c. Reappointment of Jake Lindsay, John Lott, and Dee Johnson to Planning &
Zoning Commission
d. Introduction of New Police Officer Hire — Chris Hinton
e. Approval of Licensing Agreement for Idaho Counties Risk Management Program
(ICRMP) Police Policy (TAB E)
f Adoption of Resolution for ICRMP Police Policy (TAB F)
g. Approval of the Idaho Unified Certification Program Agreement (TAB G)
h. Discussion of the Belnap Christmas Show
i. Discussion of Idaho Sod
j. Discussion of the Dee Johnson Land Use Agreement (TAB H)
k. General Discussion of the Water System Improvement Project
1. Country Haven Park Proposal (TAB I)
m. Staff Reports
6. ADJOURNMENT
' The Idaho Open Meeting Act prohibits Council deliberation or a decision on matters that are not specifically listed
on the Agenda. Persons wishing to have items placed on the Agenda should contact the City Clerk no later than the
Tuesday prior to the next meeting. Persons needing special accommodations to participate in the meeting should
contact the City Clerk no later than 1:00 p.m. on the day prior to the meeting.
TAB 6
CITY COUNCIL SPECIAL WORK MEETING
IONA COMMUNITY CENTER
JANUARY 16, 2018 6:00 P.M.
PRESENT: Mayor Brad Andersen, Mayor Elect Dan Gubler, Council Member Rob Geray,
Council Member Dan Garren, Council Member Kathy McNamara, Council Member Elect
Michael Thompson, Public Works Director Zech Prouse, City Clerk Shara Roberts, and Chief of
Police Karl Bowcutt.
ABSENT: None.
VISITORS: None.
CONSENT AGENDA: None.
ITEMS OF BUSINESS:
General Discussion of the Water System Improvement Project with Greg Hansen: Mayor
Andersen requested the proposed development Thomasville Estates be changed to a name
containing more meaning for the City. He would like to see the development be called Sandcreek
Estates and the streets be named after the early settlers and pioneers of the valley.
Greg Hansen with Rockwell Homes expressed they actually have a hard time coming up with
names for future developments and actually appreciate it when cities bring something to the
table.
Council Member Geray suggested looking up some of the names of veterans for ideas for street
names as well.
Mayor Andersen shared the last name Smith which he has received a lot of requests for who was
an early settler of the valley.
Council Member McNamara was charged with researching the Iona Historical Books and
providing a list to Mr. Hansen for potential street names for the new development.
Mayor Elect Gubler updated Mr. Hansen that the City has received the loan offer from the
Department of Environmental Quality (DEQ) and are continuing to work through that process.
He explained the next step is to review and accept the amendments Engineer Paul Scoresby has
made to the Facility Planning Study.
Mayor Andersen expressed the reason they wanted to meet with Mr. Hansen was to receive a
status update on their involvement in the project so they can finalize the scope of work and move
forward with putting contractual agreements in place.
Mr. Hansen expressed Rockwell Homes is still fully committed to the scope of the work already
outlined in regards to paying for the distribution of the lines to extend to the new development.
They currently have a lot of other projects that are underway so it's a matter of figuring out the
timing of this project and matching that up with the resources they will have available. The
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biggest piece of information they need right now from the City is the anticipated timeframe of
the water system improvement project, specifically when the construction will begin.
Dave Noel with Forsgren Associates explained there is a section of the Facility Planning Study
Engineer Paul Scoresby has been working on that outlines a proposed schedule. Mr. Noel
elaborated that they anticipate design work for the project to occur this year with construction
work beginning next summer. However, the Council needs to review and discuss the proposed
schedule further.
Mayor Elect Gubler expressed to Mr. Hansen regardless of the schedule of the project they can
separately start working on the annexation process for the proposed development.
Mr. Hansen explained they need to make a couple of adjustments to the preliminary plats based
on feedback they received from the Council and then resubmit.
Mayor Andersen outlined at one point in time Mr. Hansen discussed putting some funds up front
for the project and inquired into the status of that discussion.
Mr. Hansen expressed it all comes down to the company figuring out their resources which
revolves around all of the other projects currently under construction.
Mr. Noel explained there are three main components to the water system improvement project
which is the new storage tank, the well, and the distribution lines. They are targeting to begin the
well right away. As a result, this winter they will focus on the design work and the submittal
documents for the well with the anticipation for construction to begin this summer. During the
construction of the well they will work on the design work for the other two components.
Mr. Hansen expressed the most important thing from their perspective is once they start setting
aside resources for this project they want to be able to start construction by having the City issue
building permits and certificates of occupancy right away.
Public Works Director Prouse expressed he didn't anticipate the water system improvement
project to hold up the development of Sandcreek Estates, and the points of connection to the
system could be outlined in the development agreement.
Mr. Hansen asked the Council if they had a preference if Sandcreek Estates was approached
from the north side or south side of 49th or Telford Road.
The Council as a whole expressed they would like to keep construction equipment out of the City
as much as possible to limit the impact on existing citizens.
Mr. Hansen outlined based on his review of the proposed schedule the City is anticipating the
infrastructure improvements to be completed by the end of 2019. He then inquired if they came
in with their portion of the project in Fall of 2018 they would be able to acquire building permits
and certificates of occupancy.
The Council acknowledged that was correct.
Mr. Hansen explained to the Council in their covenants they outline to the homeowners they
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must plant grass in the public easement, and the City could help by enforcing those rules since
they oversee the public easements. From his perspective, he feels it is the best way to manage
swales. He further explained rock filled easements look good for the first two or three years of a
new development. However, as time goes on the rock doesn't drain the water as well and it sits
in there for a long time and becomes infested with mosquitoes and odors.
Council Member Geray expressed concerns that grass filled swales sends a mixed message for
water conservation.
Mayor Andersen expressed a point which has been discussed in the past of requiring water
meters on all new development coming into the City to help with conservation efforts.
Council Member Geray asked Mr. Hansen if he was aware the City increased the water
connection fee from $3,000 to $4,859. Mr. Hansen expressed he was not aware of this increase,
and it will ultimately have a dramatic impact on the outcome of the project.
Council Member Geray explained to Mr. Hansen the Council codified their method for
calculating the water hookup connection fee based on a professional appraisal of the value of the
water rights.
Mr. Hansen expressed it was a huge increase for this project, and he would have to take the
information back to Paul Johnson who is owner of Rockwell Homes. He anticipated having an
answer for the Council the next time they meet.
Mr. Hansen expressed they want to help the City of Iona with this project, but they can save
hundreds of thousands of dollars by developing smaller lots in Bonneville County and hooking
up to Falls Water Company instead.
Mayor Elect Gubler asked Mr. Hansen if he could have more information to share with the
Council by the next regularly scheduled meeting on February 20th. Mr. Hansen expressed he
believed he could.
Mr. Noel asked Mr. Hansen if he could have more information to share sooner with the Council
possibly two weeks from now. Mr. Hansen expressed possibly.
COUNCIL APPROVED: February 20, 2018
ATTEST:
Shara Roberts, City Clerk
Dan Gubler, Mayor
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CITY COUNCIL REGULAR MEETING
IONA COMMUNITY CENTER
JANUARY 16, 2018 — 7:00 P.M.
PRESENT: Mayor Brad Andersen, Mayor Elect Dan Gubler, Council Member Rob Geray,
Council Member Dan Garren, Council Member Kathy McNamara, Council Member Elect
Michael Thompson, Attorney Dale Storer, Public Works Director Zech Prouse, City Clerk Shara
Roberts, and Chief of Police Karl Bowcutt.
ABSENT: None.
VISITORS: Todd Brewington, James West, Heather Thompson, Kyle Gubler, Kelsey Poole,
Robalyn Gubler, Sunnie Dunthorn, Terry McNamara, Shad Dunthorn, Kaleb Gubler, Troop 196
Scouts, Erica Jones, Brandon Jones, Ron Roberts, Pam Parris, Heather Marley, Troop 607, Paul
Scoresby, Susan Gardner, Suzanne & Brad Schwendiman, Ryan Walker, Gayle Terry, and
Marilyn Lowell.
Mayor Andersen welcomed everyone and Council Member Garren led with the Pledge of
Allegiance. A roll call was taken to open the meeting.
CONSENT AGENDA: City Council Special Work Meeting Minutes of December 19, 2017,
City Council Minutes of December 19, 2017, and Special Meeting Minutes of January 4, 2018
were reviewed. Council reviewed the finance reports for the period ending December 31, 2017
(25% of the fiscal year elapsed). The City had $838,703.05 in the bank and routine bills had been
paid, "Exhibit A".
Mayor Andersen entertained a motion. Council President Gubler made a motion to approve the
consent agenda with a revision to the minutes for the absence of Council Member Garren's roll
call votes in the December 19, 2017 minutes. Council Member Geray seconded the motion. All
in favor, motion carried.
ITEMS OF BUSINESS:
2017 State of the City & Farewell Address from Mayor Andersen: Mayor Andersen reported
the 2017 State of the City Address was published in the City's January Newsletter and is
available on the City website. Mayor Andersen then requested his farewell address be made part
of the record and read, "Exhibit B".
Presentation of City Plaques & 10 Minute Recess: Clerk Roberts presented a plaque of
appreciation to City Attorney Dale Storer for 29 years of service to the City of Iona from 1989 —
2018. Clerk Roberts presented a plaque of appreciation to Council Member Garren for 9 years of
service to the City of Iona from 2009 — 2018. Clerk Roberts presented a plaque of appreciation to
Mayor Andersen for 20 years of service to the City of Iona from 1998 — 2018, "Exhibit C".
Swear -in Recently Elected Officials: Mayor Dan Gubler, Council Members Kathy
McNamara and Michael Thompson: Mayor Andersen swore -in recently elected official
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Council Member Michael Thompson. Clerk Roberts swore -in recently elected officials Mayor
Dan Gubler and Council Member Kathy McNamara, "Exhibit D".
Elect President of the Council: Mayor Gubler entertained a motion. Council Member
McNamara moved to elect Council Member Geray to serve as the Council President. Council
Member Thompson seconded the motion. Approval of the Council President was taken by a roll
call vote:
Council Member Geray: Yes Council Member McNamara: Yes
Council Member Thompson: Yes
Fiscal Year 2017 Audit — Searle Hart & Associates: Dana Izatt, Auditor from Searle Hart &
Associates, presented the annual audit report for Fiscal Year 2017 (FY2017). He referenced page
30 of the report that outlines the budget actual for the City. It was budgeted to spend $887,700
and the City spent $766,072. Mr. Izatt commented it represented a good variance as the City
spent under what they budgeted for.
He noted in the Management Report the same finding as previous years in which the City does
not have enough employees to adequately separate their duties. The City's response to this
finding is the cost would outweigh the benefit received. However, Mr. Izatt recommended the
Council and Mayor continue to remain active in reviewing and approving all bills and
periodically reviewing bank reconciliations.
As always, the City needs to continue to make sure all forms (I-9's, W-4's) are in the personnel
files and updated each year.
Mayor Gubler entertained a motion. Council President Geray moved to approve the audit as
presented by Searle Hart & Associates. Council Member McNamara seconded the motion. All in
favor, motion carried.
Discussion of Belnap Christmas Show: Mayor Gubler reported the Belnaps were invited by
Clerk Roberts to attend this meeting for the purpose of discussing and collaborating on concerns
and suggestions regarding the future of the Christmas show. However, they were unable to be
here tonight. He further requested it remain on the agenda so he can update the Council on some
of the reports and concerns which have been received. He then handed the time over to Chief
Bowcutt.
Chief Bowcutt reported the Belnaps have expressed concern to him regarding the amount of
police coverage and have requested the City provide such coverage for special events such as
when they schedule Santa Claus or Olaf to be in attendance. However, the Police Department is
not budgeted to allow for overtime hours. Additionally, from his perspective when they are
scheduled to be here they can't provide sole coverage at the Christmas show and leave the
remainder of the City unprotected. He further explained there have been some traffic concerns
and accidents due to the expansion of the show. In closing, he believes the Belnaps are upset the
City is not providing the additional service they have requested.
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Mayor Gubler explained historically about 5 -6 years ago there was a meeting with the Belnaps
which resulted in a handshake agreement that the extent of the City's responsibility was such that
if there was an officer on duty he could pass by so his presence would be felt, and hopefully slow
drivers down. However, since then they have expanded the Christmas show the impact has
changed.
He doesn't want the Council to make any type of decisions this evening because he wants the
Belnaps to be present so they can express their perspective and expectations moving forward.
Council Member McNamara reported she talked with Loann Belnap who suggested the City
lower the speed limit just on that section of the road or have flashing lights set up.
In closing, Mayor Gubler explained Mrs. Belnap will probably come to a city council meeting in
the near future and would like the Council to think about the amount of city resources they feel is
appropriate to commit in supporting this event.
General Discussion of the Water System Improvement Project: Mayor Gubler reported the
City has received the loan offer from the Department of Environmental Quality (DEQ) which
requires signing authority from the Mayor to move forward on the project.
Clerk Roberts reported the document arrived certified in the mail today, and opened up the
envelope to give the information to Mayor Gubler.
Mayor Gubler further reported the Council met with the President of Rockwell Homes Greg
Hansen regarding their financial contribution to the water system improvement project during the
work session which took place prior to this meeting. Mr. Hansen was made aware the City raised
their water connection fee from $3,000 to $4,859. Due to the increase, Mr. Hansen indicated he
would have to take this information back to the owner of Rockwell Homes for further
discussions before he could make any commitments to their involvement.
Mayor Gubler further explained Mr. Hansen indicated to the Council as a result of the increase in
the water connection fee he could easily take the proposed development to Bonneville County
and Falls Water Company instead. Mayor Gubler asked Attorney Storer if the City can force
annexation on new development which is occurring in the City's Impact Area and require them
to hook up to the City's water system.
Attorney Storer expressed that cities do have authority to annex development as long as it is
contiguous with land already annexed into the City. Additionally, the City can adopt an
ordinance which makes the water system exclusive.
Mayor Gubler indicated the loan offer he received from DEQ is for the requested amount of $3.9
million dollars and is identified as loan project number DW1805. He expressed he would like to
sign this document so they can keep the ball moving forward on the project.
Council President Geray shared concerns the approval and signing of the DEQ loan was not
specifically listed as an item of business on the agenda, and they need to stay in the parameters
of the open meeting act laws.
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Mayor Gubler expressed he felt it was adequately covered by the general discussion of the
project and inquired if Attorney Storer agreed.
Attorney Storer disagreed and suggested the approval and signing of the document be listed out
as a separate agenda item on a future agenda.
Mr. Hendricks noted the Council could opt in the future to authorize a resolution which would
allow the Mayor to execute all documents related to the water system improvement project
without having to schedule separate or special meetings and helps with the streamlining of the
process. He will bring a sample resolution along with him the next time the Council meets.
Attorney Storer expressed it just depends on how much involvement the Council wishes to have
in terms of the agreements.
Council President Geray expressed he wasn't adverse to the idea, but would prefer any proposed
resolutions be reviewed by the City Attorney.
Mayor Gubler asked the Council how soon they could schedule a separate meeting to approve
the loan paperwork.
Council President Geray asked what the notification requirements were for a special meeting.
Clerk Roberts reported for a special meeting it requires a 24 hour notice.
After further discussion, the Council agreed to schedule a special meeting for Friday, January
19a' at 6:00 pm for the purpose of moving forward on the loan paperwork.
Review of the Amendments to the Facility Planning Study: Engineer Paul Scoresby reported
he was charged with making necessary amendments to the Facility Planning Study to update
where the City's water system has changed and to the point where it is now and handed out
"Exhibit E" for the Council's review.
He further expressed not a ton has changed, and the water system improvement project is nearly
the same project recommended in the first two facility planning studies conducted in 2007 and
2009. The only real difference is the size of the tank the City is proposing to build. The previous
studies recommended a 500,000 thousand gallon water tank, but the City is proposing to size it
up to a 1,000,000 million gallon water tank and build an asset which will last 80 years. The
studies already indicate the City needs more than 500,000 thousand gallons of storage capacity.
Additionally, the City's current water storage tank only has approximately 20 years of life left
and when it becomes decommissioned the City will only have the 1,000,000 million gallon water
tank left to service all the City's connections.
Mr. Scoresby expressed he would like the Council to review the document and provide
comments and feedback before it is finalized.
Mayor Gubler directed Clerk Roberts to add it as an item of business for the Special Meeting
scheduled on Friday, January 19tn
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Dave Noel with Forsgren Associates inquired if the location of the tank was the same as previous
studies.
Mr. Scoresby reported the location of tank was never established in either of the studies from
2007 and 2009.
Mr. Scoresby further reported they did make a minor change to the original scope presented after
consultation with Public Works Director Prouse, and that was the removal of the generator at
existing well #2. The calculations make it very hard to justify when you have enough redundancy
to meet demands during a power outage and didn't feel it was money well spent. The City had
originally budgeted $75,000 for that line item. However, they did determine fencing around the
well site was a better way to spend those funds.
Mayor Gubler asked Ted Hendricks with East-Central Idaho Planning & Development
Association (ECIPDA) if he had any indication of when the City would hear back from
Congressman Simpson's office in regards to the grant money available with the Army Corps of
Engineers.
Mr. Hendricks reported he doesn't expect a budget to be passed anytime soon. However, they
will typically receive the same budget as they have in previous years. They have the City's letter
of interest to seek funding. However, he is estimating it will take a few months to hear any
updates in regards to this.
Mayor Gubler reported Mr. Hendricks has submitted his contract for approval to him in regards
to the professional administrative services regarding the project. He indicated he would distribute
the contract to Clerk Roberts to distribute for the Council's review and directed her to put it on
the agenda for the special meeting scheduled on Friday, January 19t' for approval.
In closing, Mr. Hendricks explained upon the submittal of the amendments to the Facility
Planning Study DEQ will schedule what they call a scoping meeting where they will outline the
level of Environmental Review they want the City to conduct.
Amendment to the Agreement for the Environmental Review: Mayor Gubler presented
"Exhibit F" to amend a pre-existing Professional Services Time and Materials Contract with
Engineer Paul Scoresby representing Schiess & Associates for the purpose of preparing an
environmental assessment in regards to the water system improvement project.
Council President Geray noted a typo in regards to the effective date of March 31, 2008.
Mayor Gubler entertained a motion. Council President Geray moved to approve the amendment
to the professional services agreement contingent upon updating the effective date to be January
16, 2018. Council Member Thompson seconded the motion. All in favor, motion carried.
Repealing of Chapters 1, 4, 5, 6, 7, 8, 10, and 11 of Title 7 of the Iona City Code and the
Adoption of A New Chapter 1, Title 7 Entitled "Health and Safety Codes" (217-01-18):
Mayor Gubler thanked Council President Geray for his efforts of working with Attorney Storer
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to ensure accuracy and proper alignment of the ordinance and presented the document for
approval.
Mayor Gubler entertained a motion. Council President Geray moved to approve the Ordinance
No. 217-01-18 repealing chapters 1, 4, 5, 6, 7, 8, 10 and 11 of Title 7 of the Iona City Code and
adopting the 2015 International Building Code, the 2015 International Existing Building Code,
the 2015 Idaho (Uniform) Plumbing Code, the 2015 International Energy Conservation Code, the
2015 Idaho Fire Code, the 2017 National Electrical Code, the 2012 Idaho Residential Code, the
2012 International Fuel and Gas Code, and the 2012 International Mechanical Code and dispense
with the rule of reading on three separate occasions. Council Member McNamara seconded the
motion. The ordinance was approved by a roll call vote, "Exhibit G":
Council Member Geray: Yes Council Member McNamara: Yes
Council Member Thompson: Yes
Discussion of Country Haven Park: Mayor Gubler reported citizen Austin Catlin contacted the
City with hopes to get a target budget for the establishment of a park in the Country Haven
Subdivision.
Council President Geray suggested approximately $20,000 would be a reasonable and sufficient
amount considering the size of land he would be working with pending a more detailed estimate.
Mr. Catlin would also be in charge of securing volunteers for the majority of the project, but city
resources/equipment would be available to help out with the project.
Mayor Gubler directed Clerk Roberts to communicate tonight's discussion with Mr. Catlin.
Discussion of Idaho Sod: Mayor Gubler explained Kirt Schwieder the owner of Idaho Sod
approached the City Council not too long ago asking for guidance in regards to land use and the
nature of his business. After some discussions took place, Mr. Schwieder informed the City he
moved the business to the City of Ammon. Mayor Gubler requested Clerk Roberts to provide
further information as to why it is listed as an item of business on the agenda again.
Clerk Roberts explained each year the business licenses throughout the City expire on December
31st and the Clerk's office sends out a notification with instructions on how to renew those
licenses. Idaho Sod was mistakenly left on the spreadsheet to receive the annual notification, and
Clerk Roberts realized after it was sent out they didn't need to complete the task of renewing the
license since the business was moved to the City of Ammon. However, a few days later
Treasurer Sullivan received a response from Mr. Schwieder indicating there was still a need for
him to renew the business license as they are still doing business in the City of Iona. Clerk
Roberts expressed the issue is the land which is zoned as Single Family Residential (R-1) is still
being used for commercial purposes which is not permitted.
Council President Geray asked Chief Bowcutt if there had been any follow up code enforcement
since the last discussions with Mr. Schwieder. Chief Bowcutt expressed he was going to take
action but was informed by Mr. Schwieder he moved the business to the City of Ammon.
However, it appears he has slowly started to move farming equipment back to his land.
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Clerk Roberts asked direction from the Council if they would prefer she did not issue a business
license to Mr. Schwieder until the land was zoned appropriately. After further discussion, they
agreed this was a good course of action.
Mayor Gubler directed Clerk Roberts to send out correspondence indicating if Mr. Schwieder
intends to continue to store commercial farming equipment and sell sod it needs to be zoned
appropriately which can be either Residential Agriculture (R-A) or Commercial (C) and invite
him to discuss this with the Council further at the next regularly scheduled city council meeting
on Tuesday, February 20tn
Approval of Backup Generator Quote for City Shop: Director Prouse presented a proposal to
install a 16 kilowatt natural gas generator which would solely power the Public Works Shop in
the event of an emergency or extended power outage. This would allow for full operation of their
shop and the SCADA controls for the water system. Currently, there are battery backups which
only provide for a limited amount of time, and require all the City's wells to be operated
manually. He is seeking approval from the Council for the purchase of the generator for a quote
of $7,800.
Mr. Hendricks explained the City could consider putting that into the scope of the water system
improvement project as it would qualify.
Council President Geray expressed he would be reluctant to go that direction because it
continues to kick the can down the road in terms of having adequate backup power supply for the
system, and adds overall cost to the project which will incur interest.
Mayor Gubler entertained a motion. Council President Geray moved to approve the quote for
$7,800 for the purpose of purchasing the backup generator for the City Shop. Council Member
Thompson seconded the motion. All in favor, motion carried.
Staff Reports: Chief Bowcutt reported he is still looking to hire another full time officer.
Council Member McNamara reported the Iona Historical Museum is hosting a meeting Thursday
evening for the purpose of organizing and gathering the ideas for the time capsule.
Mayor Gubler discussed the departure of Attorney Storer, and explained there are not a lot of law
firms in the area which specialize in municipal law. Even though Attorney Rawlings doesn't
have the depth of experience Attorney Storer has the contract the City signed to continue
services with Holden Kidwell Hahn & Crapo secures the services of all of the attorneys in the
office who do have years of experience in municipal law.
Meeting adjourned at 9:17 p.m.
COUNCIL APPROVED: February 20th, 2018
ATTEST:
Shara Roberts, City Clerk
Dan Gubler, Mayor
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CITY COUNCIL SPECIAL MEETING
JANUARY 19, 2018 — 6:00 P.M.
IONA COMMUNITY CENTER
PRESENT: Mayor Dan Gubler, Council President Rob Geray, Council Member Kathy
McNamara, Council Member Michael Thompson, Public Works Director Zech Prouse, and City
Clerk Shara Roberts.
ABSENT: Chief Of Police Karl Bowcutt.
VISITORS: Ted Hendricks and Dave Noel.
Approval of Department of Environmental Quality (DEQ) Offer of Loan # DW1805: Mayor
Gubler reported the City has received the loan offer from DEQ which outlines the standard terms
and conditions and a lower interest rate than they anticipated of 2.75%. He then handed the time
over to Ted Hendricks with East-Central Idaho Planning & Development Association (ECIPDA)
for further explanation of the terms and conditions.
Mr. Hendricks explained the loan offer requires a semi-annual payment, and does not include
any prepayment penalties.
Mayor Gubler inquired into the status of the establishment of rights -of -way and easements for
the project.
Mr. Hendricks reported there is still a need for some follow up work relating to the canal and
railroad crossings. He indicated Dave Noel with Forsgren Associates and himself will take the
lead on that process. However, they may need to use the Mayor and Director Prouse to assist
with the communication aspect with the necessary entities.
Council Member McNamara asked Director Prouse if the public rights -of -way are secure for the
tank site. Director Prouse indicated that was correct.
Mayor Gubler entertained a motion. Council President Geray moved to approve the loan offer
from DEQ, "Exhibit A". Council Member Thompson seconded the motion. All in favor, motion
carried.
Approval of Administrative and Financial Professional Services Contract with East
Central Planning & Development Association, Inc. (ECIPDA): Mayor Gubler explained the
purpose of the contract is to secure the administrative and financial services for the duration of
the water system improvement project.
Council Member Thompson asked if the effective dates beginning January 15th' 2018 and ending
on September 2019 were correct. Mr. Hendricks explained that is simply a projected close date
for the project, but the services will be covered until the close of the project. If there was a
scenario in which the City made a large change to the scope of the project then they would have
to amend the contract to cover any additional services, but he doesn't see that occurring.
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Mayor Gubler entertained a motion. Council Member Thompson moved to approve the contract
as written with ECIPDA, "Exhibit B". Council President Geray seconded the motion. All in
favor, motion carried.
Review and Approval of the Amendments to the Facility Planning Study: Dave Noel with
Forsgren Associates explained he reviewed the amendments Engineer Paul Scoresby has drafted,
and has a few suggestions he would like to share with the Council in order to make the study
more satisfactory during the review by DEQ.
Mr. Noel began by explaining in order to facilitate a quick review by DEQ the document needs
to include the other two initial facility planning studies completed in 2007 and 2009. Without
that information it could cause a substantial delay in the review process.
Mr. Noel also outlined Mr. Scoresby is recommending a larger storage tank then originally
proposed in either of the original studies, and the location is different which means there are
changes to where the distribution lines will be located. Although the project has the same three
main components there are substantial differences from the original studies which makes this a
completely different project and that's why it's important all three of the documents are
interconnected.
Furthermore, the original studies recommend a 600,000 gallon tank, and Mr. Scoresby is
recommending a 1,000,000 gallon tank. Mr. Noel expressed he agrees and supports this
assessment. However, it does create some challenges the Council should be aware of. Due to the
elevation of where the tank will be located, there is only approximately 600,000 — 700,000
gallons of usable capacity which results in approximately 30-40% of dead storage. Mr. Scoresby
has outlined this in the study, but from his perspective he thinks it's something that should be
further addressed before moving forward so DEQ has a better understanding of factors such as
elevation causing the dead storage.
Director Prouse expressed he was assured prior to the purchase of the lot for the tank site that
both the existing and new tank would work together at those elevations and with the ability to
utilize full storage capacity.
Mr. Noel explained possible different design methods that can be applied to help with the dead
storage issues.
Mr. Noel also outlined there is $500,000 budgeted for the construction of a new well. When the
well is moved to the tank site this could potentially raise an issue as it will most likely need to be
drilled 400 feet into the ground. However, if the Council considers moving the location down
into the valley there is a potential of 100-150 feet less of drill down needed which means cost
savings. Mr. Noel recommended addressing this by outlining in the study the City would like to
have different options for the site to be evaluated as part of the environmental review.
Mayor Gubler inquired if Mr. Noel has been in contact with Mr. Scoresby regarding his
recommendations. Mr. Noel expressed he hasn't because he thought he was going to be present
at this meeting.
2
Mayor Gubler expressed he would like to move forward with approving this document pending
the recommendations from Mr. Noel.
Council President Geray expressed he is reluctant to support that until Mr. Scoresby can be
present and explain to the Council his perspective.
Director Prouse suggested scheduling another special meeting for the purpose to meet with Mr.
Scoresby and Mr. Noel to finalize the facility planning study, as well as, meet with Greg Hansen
with Rockwell Homes for a status update regarding their involvement in the project.
After further discussion, the Council scheduled a special meeting to be held on Tuesday, January
30th at 6:00 pm.
Mayor Gubler directed Clerk Roberts to contact Mr. Scoresby to notify him of the scheduled
meeting and the need for his presence.
Director Prouse expressed the well site definitely needs to get figured out sooner than later in
order to complete the water rights transfer.
Mr. Hendricks provided an example of an authorizing resolution to be considered after the City
Attorney's review which would allow for the Mayor to sign off on any necessary documents
related to the water project to keep the project moving in a steady forward motion.
Mayor Gubler directed Clerk Roberts to provide a copy of the example to the City Attorney for
further review.
Meeting adjourned 7:05 p.m.
COUNCIL APPROVED: February 20th, 2018
Dan Gubler, Mayor
ATTEST:
Shara Roberts, City Clerk
3
CITY COUNCIL SPECIAL MEETING
JANUARY 30, 2018 — 6:00 P.M.
IONA COMMUNITY CENTER
PRESENT: Mayor Dan Gubler, Council President Rob Geray, Council Member Kathy
McNamara, Council Member Michael Thompson, Public Works Director Zech Prouse, and City
Clerk Shara Roberts.
ABSENT: Chief Of Police Karl Bowcutt.
VISITORS: Ted Hendricks, Paul Scoresby, Dave Noel, John Price, Sally Price, Louise Bryan,
Mike Bryan, and James West.
General Discussion of the Water System Improvement Project with Greg Hansen: Greg
Hansen with Rockwell Homes expressed they are still 100% committed to the original agreement
they had previously discussed with the Council which consisted of developing the land
contiguous to the City with 110 V2 acre lots with drainage swales. At the time these discussions
took place the water connection fee was $3,000 per lot and Rockwell was willing to pay the lump
sum amount up front. Additionally, they were going to cover the estimated cost of $98,000 for
approximately 2,000 linear feet of distribution line on Telford Road to make the connection into
the development and bring those distribution lines through the development to Main Street.
However, since then the City has increased the water connection fee to $4,859 which
dramatically changes the number for the project.
He provided a handout "Exhibit A" which outlines the detailed costs of the old agreement vs. the
new agreement and outlines a difference of $204,490 in total additional costs to Rockwell. As a
result, those numbers leave Rockwell upside down in the project and do not add up for them to
be in a position to participate in the project as originally discussed.
As an alternative, Mr. Hansen presented a proposal which from his perspective would generate
more dollars to the City and leave them in a position to develop the project within city limits as
opposed to Bonneville County. Mr. Hansen suggested 160 1/3 acre lots with curb and gutter
instead of drainage swales which would be compliant with the City's current zoning guidelines.
He furthered outlined the City would be responsible for the installation of the distribution line on
Telford Road, and Rockwell would not pay the water connection fees up front on the 160
building lots. With the addition of 50 lots it would generate $242,950 dollars which more than
covers the distribution line cost plus interest rates. Overall, he estimates it would save the City
nearly $367,950 on the water system improvement project. Additionally, the City would collect
extra water fees per month and additional tax revenue for the duration of the life of those homes.
Mayor Gubler explained to Mr. Hansen the Council is contemplating having a separate well site
from the storage tank and asked if they would consider a well site as part of the development or a
green space.
Mr. Hansen indicated they could have discussions about the City buying a piece of the land for
that purpose.
1
Council President Geray indicated he remembered in a conversation where Rockwell agreed to
provide an additional $100,000.
Mr. Hansen recalled the additional $100,000 was the installation of the distribution line on
Telford Road.
Director Prouse asked if Rockwell would be willing to do the 1/3 acre lots with swales opposed
to curb and gutter as they require more long term maintenance for the City and if that would free
up $100,000 for Rockwell to install the distribution line on 49th. Mr. Hansen indicated it could be
a possibility he could take back to his team for negotiation.
Council President Geray expressed concerns with the alternative proposal as it incorporates
significant change from what has been communicated to the public in regards to this potential
development, and felt the Council as a whole needs to take some time to digest the information
before any decisions are made.
Mayor Gubler expressed the Council could consider allowing Rockwell Homes to build under
the previous connection fee of $3,000 since that was the water connection fee during the time
these preliminary discussions took place.
Council President Geray clarified with Mr. Hansen that, with the increase in the number of lots
Rockwell would not be paying the lump sum of the water connections up front any longer. Mr.
Hansen indicated that was correct.
Mr. Hansen expressed again to the Council they are willing to go back and commit 100% to the
original agreement which was discussed.
After further discussion, Mayor Gubler directed Clerk Roberts to add this as an item of business
for further discussion on the February 20th work session agenda.
Review of the Project Schedule: Mayor Gubler reported as part of the loan agreement with the
Department of Environmental Quality (DEQ) the City has to outline a proposed schedule for the
proj ect.
Dave Noel with Forsgren Associates provided a proposed project schedule "Exhibit B" for the
Council's review.
Council President Geray expressed he personally would refer to Mr. Noel who is the Project
Manager to evaluate what he believes to be a realistic schedule.
After further discussion, Mayor Gubler outlined he just wanted the Council to be aware of the
scheduling options, but there is no need for a decision to be made at this time.
Review and Approval of the Amendments to the Facility Planning Study: Mayor Gubler
expressed after reading some correspondence from Engineer Paul Scoresby and discussing it
further with the Project Engineer Dave Noel he believes the Council will be inclined to continue
2
down the path of constructing the new storage tank and well on the planned site. There are ways
in which the tank can be designed to minimize issues of dead space.
Engineer Paul Scoresby directed the Council to review the last paragraph of his correspondence
"Exhibit C". Mr. Scoresby outlined from his perspective he believes the location of tank and well
site will work very well together and referred the rest of the preliminary discussion to Mr. Noel
who has been selected as the Design Professional Engineer for the project.
Mayor Gubler outlined it might be wise to incorporate more options into the amendment such as
the option to construct the tank further up the hill to reduce concerns of elevation and dead space
or incorporate two possible well sites so the City has options as the project progresses.
Council President Geray inquired if Mr. Noel's concerns were adequately addressed.
Mr. Noel reported he and Mr. Scoresby talked about design options to help alleviate the main
concern of dead storage space.
Mayor Gubler entertained a motion. Council President Geray moved to approve the amendments
to the facility planning study as presented with the provision of incorporating the amendments as
proposed in Exhibit C. Council Member Thompson seconded the motion. Approval of the
facility planning study was taken by a roll call vote:
Council Member Geray: Yes
Council Member McNamara: Yes Council Member Thompson: Yes
Entry of Email Correspondence to the Record Regarding the Appointment of the City
Council Vacancy: Mayor Gubler explained he directed Clerk Roberts to send out email
correspondence letting the Council know he would like to appoint citizen John Price to the
vacant city council seat during February's regularly scheduled city council meeting. As a result,
a discussion was sparked between himself, Council President Geray, and Council Member
Thompson. There was no deliberation towards a decision just a simple discussion of their
opinion on the appointment. However, after consulting with the City Attorney and for the
purpose of remaining transparent he advised the email correspondence be entered into the record.
Mayor Gubler entertained a motion. Council Member Thompson moved to approving entering
the email correspondence to the record. Council President Geray seconded the motion. All in
favor, motion carried.
Meeting adjourned 7:15 p.m.
COUNCIL APPROVED: February 20th, 2018
Dan Gubler, Mayor
ATTEST:
Shara Roberts, City Clerk
3
TAB C
City of Iona Finance Worksheet - Banks Page: 1
Period: 01/18 Feb 06, 2018 12:43PM
Report Criteria:
Print Source Titles
Total by Source
Print Department Titles
Total by Department
All Segments Tested for Total Breaks
[Report]Account Number ="011050","101175","101221","101231","511200","511222","511252","101242","511211"
Prior month 2 Prior month 2017-18
Current year
Account Number Account Title Actual
01-1050 CHECKING - COMMERCE BANK 13,068.19 16,655.24 91,486.73
10-1175 INVESTMENTS -COMMERCE -GENERA 92,740.61 62,750.21 142,756.64
10-1221 ZIONS - GENERAL INVESTMENTS 58,790.40 58,809.50 58,831.25
10-1231 KEY BANK GENERAL INVESTMENTS 157,994.82 157,997.50 158,000.19
10-1242 WESTMARKCD--GENERAL 51,759.19 52,345.91 52,429.16
51-1200 INVESTMENTS -COMMERCE WATER 243,131.15 243,158.00 243,184.85
51-1211 WESTMARK CD -WATER 53,871.83 54,482.50 54,569.15
51-1222 ZIONS - WATER iNVESTMENTS 39,223.07 39,236.35 39,251.46
51-1252 ZIONS BANK --WATER INVESTMENTS 153,217.23 153,267.84 153,325.45
Net Grand Totals: 863,796.49 838,703.05 993,834.88
City of Iona Check Register - Iona Page: 1
Check Issue Dates: 1/1/2018 - 1/31/2018 Feb 06, 2018 12:33PM
Report Criteria:
Report type: Summary
GL Period Check Issue Date Check Number
Payee
Description
GL Account Amount
01/18 01/09/2018 15017
01/18 01/02/2018 15543
01/18 01/02/2018 15544
01/18 01/04/2018 15551
01/18 01/09/2018 15552
01/18 01/09/2018 15553
01/18 01/09/2018 15554
01/18 01/09/2018 15555
01/18 01/09/2018 15556
01/18 01/09/2018 15557
01/18 01/10/2018 15558
01/18 01/10/2018 15559
01/18 01/10/2018 15560
01/18 01/10/2018 15561
01/18 01/10/2018 15562
01/18 01/10/2018 15563
01/18 01/10/2018 15564
01/18 01/10/2018 15565
01/18 01/10/2018 15566
01/18 01/10/2018 15567
01/18 01/10/2018 15568
01/18 01/10/2018 15569
01/18 01/10/2018 15570
01/18 01/10/2018 15571
01/18 01/16/2018 15572
01/18 01/16/2018 15573
01/18 01/16/2018 15584
01/18 01/24/2018 15588
01/18 01/24/2018 15589
01/18 01/24/2018 15590
01/18 01/24/2018 15591
01/18 01/24/2018 15592
01/18 01/24/2018 15593
01/18 01/24/2018 15594
01118 01/24/2018 15595
01/18 01/24/2018 15596
01/18 01/24/2018 15597
01/18 01/24/2018 15598
01/18 01/24/2018 15599
01/18 01/24/2018 15600
01/18 01/24/2018 15601
01/18 01/24/2018 15602
01/18 01/29/2018 15603
01/18 01/29/2018 15604
01/18 01/29/2018
01/18 01/29/2018
01/18 01/29/2018
01/18 01/31/2018
Grand Totals:
REVS EXTERIORS
ALLEN ELDRIDGE
GREG MCBRIDE
USPS
JESSELANDON
BONNEVILLE CO. SOLID WASTE
CORE & MAIN
DIGLINE. INC.
DIVISION OF BUILDING SAFETY
ENERGY MANAGEMENT CORPORATION
GLEN CLARK
GREASE MONKEY
H.D. FOWLER CO.
IDABO
IDAHO WATER ENGINEERING
INTERMOUNTAIN GAS CO.
JIM'S TROPHY
NETBACK,LLC
PORTER'S OFFICE PRODUCTS
PSI ENVIRONMENTAL
ROCKY MOUNTAIN BOILER, INC.
TRI-STATE HYDRAULICS, INC.
UNITED MAILING DIRECT
VERIZON WIRELESS
ALLEN ELDRIDGE
GREG MCBRIDE
SEARLE HART & ASSOCIATES. PLLC
BLACKFOOT
BONNEVILLE COUNTY PUBLIC WORKS
BONNEVILLE COUNTY SHERIFF
C & L PRINTING
CABLE ONE
CHEMSEARCH
CITY OF IDAHO FALLS TREASURER OFFICE
CONRAD & BISCHOFF INC.
DIGLINE, INC.
FIRE SERVICES OF IDAHO. INC.
HOME DEPOT CREDIT SERVICES
ROCKY MTN. POWER
ROSE SHOP
WEX BANK
USPS
ALLEN ELDRIDGE
GREG MCBRIDE
15605 FERGUSON WATERWORKS #1701
15606 LAWNTECH
15607 TETON MICROBIOLOGY LAB
15612 NORCO INDUSTRIAL
Summary by General Ledger Account Number
Pol�ce112%q.z$
Reimburse Application Fee
Building inspections
Mechanical Inspections
Water Statements mailing
Waterline repair-Backhoe Operato
County Dump refuse
Dbl. wall sanitary pipe
Locator -Utilities
Annual Elevator Certification fee
Service Well # 1 & Well #3 Gener
Reimburse credit on closed Water
Police vehicle serviced -Durango
Water meters and parts
Membership & Individual Dues
Professional Services Agreement
Natural gas
Plaques -Mayor & Council
Office PC's backup
Office supplies
Garbage pick up
Boiler Service Call
Int. Plow Truck repaired
Preparing Water statements
Cell phones
Building inspections
Mechanical Inspections
Annual Audit of Finances FY2017
Telephones
Signage/Labor-Corner Dayton/Ste
Law Enforcement Qtrly pmt.
Basketball Flyers printed
Internet
Boiler water treatment program
Qtrly Animal Shelter Participation
Diesel Fuel -Dyed
Membership Fee
Fire extinguishers & service
City Bldg. Improvements
Street Lights
Flowers
Public Works-Dsl
it: Roll of stamps
Building inspections
Mechanical Inspections
Hydrant repair kit
Lawn Services (pre -paid)
Water tests
Welder & accessories
z_r, . 60
514720 50.00- V
104720 300.00
104720 150.00
514150 320.46 M
514710 500.00
104710 85.00
514710 4,650.00
514710 10.26
104710 100.00
514710 900.00
011075 14.52
104690 115.17
514710 564.90
104720 230.00
514180 1,500.00
104175 1,255.71
104150 182.50
104150 75.00
104150 402.42
514710 102.14
514710 135.00
104730 1,530.77
514150 293.64
104720 382.25
104720 590.00
104720 330.00
514150 5,150.00
104150 231.84
104710 177.87
104680 5,665.61
104950 355.50
514150 69.03
514710 204.17
104710 551.25
104710 1,399.40
514710 179.00
104710 251.24
514820 625.72
104175 1,673.04
104790 140.87
104710 502.88
104150 200.00
104720 140.00
104720 130.00
514710 354.49
104710 4.979.52
514710 125.00
514710 2,946.71
40,722.88
M = Manual Check, V = Void Check
City of Iona Check Register - Iona Page: 2 Check Issue Dates: 1l1/2018 - 1/31/2018 Feb 06, 2018 12:33PM
GL Account Debit Credit Proof
Grand Totals:
01-1075 14.52 .00 14.52
01-2010 .00 14.52- 14.52-
10-2010 .00 24,360.88- 24,360.88-
10-41-50 621.33 .00 621.33
10-41-60 2,575.00 .00 2.575.00
10-41-75 1,782.06 .00 1.782.06
10-46-80 5,665.61 .00 5,665 61
10-46-90 498.11 .00 498.11
10-47-10 8.860.19 .00 8,86019
10-47-20 1.911.95 .00 1,911.95
10-47-30 1.530.77 .00 1,530.77
10-47-90 140.87 .00 140.87
10-48-20 354.72 .00 354.72
10-49-50 372.47 .00 372.47
10-49-60 47.80 .00 47.80
51-2010 50.00 16,397.48- 16,347.48-
51-41-50 3,703.10 .00 3,703.10
51-41-75 1,146.69 .00 1,146.69
51-41-80 1,500.00 .00 1,500.00
51-47-10 9,776.69 .00 9.776.69
51-47-20 .00 50.00- 50.00-
51-48.20 271.00 .00 271.00
40,822.88 40,822.88- .00
Dated:
Mayor:
City Council:
Report Criteria:
Report type: Summary
M = Manual Check, V = Void Check
City of Iona
Journal Inquiry - Detail
Journal: CD CASH DISBURSEMENTS - COMMERCE - GEN - CHECK
Period: 01/18
2/6/2018
Page: 1
Reference
Date Account Number
1.0001 01/02/201 51-41- 50
2.0001 01/02/201 10-47-10
3.0001 01/02/201
4.0001 01/08/201
4.0002 01/08/201 51-41-50
5.0001 01/02/201 10-41-50
6.0001 01/02/201 51-41-50
7.0001 01/ 16/201 10-41-50
8.0001 01/16/201 51-41-50
9.0001 01/12/201 10-47-90
10.0001 01/19/201 10-41-50
11.0001 01/19/201 51-41-50
12.0001 01/19/201 10-47-10
13.0001 01/29/201 10-47-10
14.0001 01/29/201 01-1050
15.0001 01/29/201 10-1175
16.0001 01/31/201 01-1075
17.0001 01/31/201
18.0001 01/31/201
19.0001 01/10/201 10-41-50
20.0001 01/10/201 51-41-50
21.0001 01/31/201 10-47-10
22.0001 01/31/201 10-47-60
23.0001 01/22/201 10-41-50
99001.0001 01/02/201 01-1050
99002.0001 01/08/201 01-1050
99003.0001 01/12/201 01-1050
99004.0001 01/19/201 01-1050
99005.0001 01/29/201 01-1050
99006.0001 01/31/201 01-1050
99007.0001 01/31/201 01-1050
99008.0001 01/10/201 01-1050
51-47-10
10-41-50
51-41-50
51-2010
Account Title
OFFICE EXPENSE & ADMIN.
MAINTENANCE
MAINTENANCE & REPAIRS
OFFICE EXPENSE & ADMIN.
OFFICE EXPENSE & ADMIN.
OFFICE EXPENSE & ADMIN.
OFFICE EXPENSE & ADMIN.
OFFICE EXPENSE & ADMIN.
OFFICE EXPENSE & ADMIN.
MISCELLANEOUS EXPENSE
OFFICE EXPENSE & ADMIN.
OFFICE EXPENSE & ADMIN.
MAINTENANCE
MAINTENANCE
CHECKING - COMMERCE BAN
INVESTMENTS-COMMERCE-G
UTILITY CASH CLEARING
Description
Public Works -Office supplies
Public Works-2006 Dump truck seat covers
Public Works-2006 Dump truck seat covers
Payment Service Network monthly invoice
Payment Service Network monthly invoice
Clerk-Google Email manager fee
Clerk-Google Email manager fee
Clerk -Office supplies, council misc., & farewell cake
Clerk -Office supplies
Clerk -Christmas Party
Clerk-Coucil misc.
Clerk -In house Utility billing statement processing
Public Works -vacuum bags
Public Works -Tools
Transfer General Checking to General Savings
Transfer General Checking to General Savings
NSF acct. 72.01 Alvarez, Daniel ck. # 0000995016
OFFICE EXPENSE & ADMIN. Clerk -Self Addressed Stamped envelope order -mailing wate
ACCOUNTS PAYABLE WATER PSN payment charged back -deposit was too much on 1/11
OFFICE EXPENSE & ADMIN. ACH Direct Deposit Bank fee
OFFICE EXPENSE & ADMIN. ACH Direct Deposit Bank fee
MAINTENANCE
MYAC EXPENSE
OFFICE EXPENSE & ADMIN.
CHECKING - COMMERCE BAN
CHECKING - COMMERCE BAN
CHECKING - COMMERCE BAN
CHECKING - COMMERCE BAN
CHECKING - COMMERCE BAN
CHECKING - COMMERCE BAN
CHECKING - COMMERCE BAN
CHECKING - COMMERCE BAN
Public Works -Tools -Harbor Freight
MYAC-Dinner mtg.
Clerk -Picture frames-Walmart.com
TOTAL CHECKS & OTHER CHARGES
TOTAL CHECKS & OTHER CHARGES
TOTAL CHECKS & OTHER CHARGES
TOTAL CHECKS & OTHER CHARGES
TOTAL CHECKS & OTHER CHARGES
TOTAL CHECKS & OTHER CHARGES
TOTAL CHECKS & OTHER CHARGES
TOTAL CHECKS & OTHER CHARGES
- COMBINED
- COMBINED
- COMBINED
- COMBINED
- COMBINED
- COMBINED
- COMBINED
- COMBINED
Amount
48.47
99.50
99.50
23.48
93.92
29.51
29.51
53.97
54.28
808.64
22.96
599.99
49.98
28.98
100,000.00-
100,000.00
30.00
570.25 statements
60.00
20.00
15.96
119.99
26.48
187.08
247.47-
117.40-
975.91-
672.93-
28.98-
30.00-
630.25-
'IS OA-
Comment
City of Iona
Journal Inquiry - Detail
Journal: CD CASH DISBURSEMENTS - COMMERCE - GEN - CHECK
Period: 01 /18
Reference Date Account Number Account Title Description Amount
99009.0001 01/31/201 01-1050 CHECKING - COMMERCE BAN TOTAL CHECKS & OTHER CHARGES - COMBINED 146.47-
99010.0001 01/22/201 01-1050 CHECKING - COMMERCE BAN TOTAL CHECKS & OTHER CHARGES - COMBINED 187.08-
99011.0001 01/01/201 01-1050 CHECKING - COMMERCE BAN TOTAL CHECKS & OTHER CHARGES - COMBINED .01-
99012.0001 01/31/201 01-1050 CHECKING - COMMERCE BAN TOTAL CHECKS & OTHER CHARGES - COMBINED .01
- — - - j 0.0Q1
2/6/2018
Page: 2
Comment
CITY OF IONA
REVENUES WITH COMPARISON TO BUDGET
FOR THE 4 MONTHS ENDING JANUARY 31, 2018
GENERAL FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
TAX REVENUE
10-31-10 PROPERTY TAX REVENUE 138,758.79 146,766.27 261,757.00 114,990.73 56.1
TOTAL TAX REVENUE 138,758.79 146,766.27 261,757.00 114,990.73 56.1
LICENSES & PERMITS
10-32-20 BEER & DOG LICENSES 50.00 100.00 500.00 400.00 20.0
TOTAL LICENSES & PERMITS 50.00 100.00 500.00 400.00 20.0
INTERGOVERNMENTAL REVENUE
10-33-10 STATE LIQUOR TAX 15,274.00 30,548.00 60,464.00 29,916.00 50.5
10-33-20 STATE REVENUE SHARING 21,652.88 55,686.25 119,297.00 63,610.75 46.7
10-33-30 STATE HIGHWAY USERS 25,831.85 51,894.28 88,135.00 36,240.72 58.9
10-33-40 POLICE REVENUE .00 535.68 11,800.00 11,264.32 4.5
10-33-50 POLICE GRANTS .00 4,838.00 1,500.00 ( 3,338.00) 322.5
10-33-80 GRANTS 00 1,500.00 17,000.00 15,500.00 8.8
TOTAL INTERGOVERNMENTAL REVENUE
CHARGES FOR SERVICE
62,758.73 145,002.21 298,196.00 153,193.79 48.6
10-34-10 BUILDING INSPECTION FEES 860.00 4,909.49 40,000.00 35,090.51 12.3
10-34-20 CABLE TV FRANCHISE 1,041.69 2,062.64 5,400.00 3,337.36 38.2
10-34-30 NATURAL GAS FRANCHISE .00 1,098.53 13,500.00 12,401.47 8.1
10-34-40 POWER FRANCHISE 5,764.27 12,527.45 28,000.00 15,472.55 44.7
TOTAL CHARGES FOR SERVICE 7,665.96 20,598.11 86,900.00 66,301.89 23.7
OTHER REVENUE
10-36-10 INTEREST 114.12 798.89 1,200.00 401.11 66.6
10-36-50 BUILDING RENT 560.00 4,467.50 13,500.00 9,032.50 33.1
10-36-60 MYAC REVENUE .00 516.00 1,000.00 484.00 51.6
10-36-70 IONA DAY REVENUE .00 .00 1,500.00 1,500.00 .0
10-36-90 MISCELLANEOUS REVENUE 400.00 2,408.79 15,600.00 13,191.21 15.4
TOTAL OTHER REVENUE 1,074.12 8,191.18 32,800.00 24,608.82 25.0
FOR ADMINISTRATION USE ONLY
34 % OF THE FISCAL YEAR HAS ELAPSED 02/06/2018 11:48AM PAGE: 1
CITY OF IONA
REVENUES WITH COMPARISON TO BUDGET
FOR THE 4 MONTHS ENDING JANUARY 31, 2018
GENERAL FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
RECREATION REVENUE
10-37-50 RECREATION FEES 213.50 44,646.00 78,000.00 33,354.00 57.2
10-37-60 SHELTER RENTAL 20.00 20.00 1,000.00 980.00 2.0
TOTAL RECREATION REVENUE 233.50 44,666.00 79,000.00 34,334.00 56.5
EQUIPMENT REPLACEMENT
10-38-20 EQUIPMENT REPLACEMENT .00 .00 75,000.00 75,000.00 .0
TOTAL EQUIPMENT REPLACEMENT .00 .00 75,000.00 75,000.00 .0
RESERVES
10-39-50 RESERVES .00 .00 122,462.00 122,462.00 .0
TOTAL RESERVES .00 .00 122,462.00 122,462.00 .0
TOTAL FUND REVENUE
210,541.10 365,323.77
956,615.00 591,291.23 38.2
FOR ADMINISTRATION USE ONLY
34 % OF THE FISCAL YEAR HAS ELAPSED 02/06/2018 11:48AM PAGE: 2
CITY OF IONA
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 4 MONTHS ENDING JANUARY 31, 2018
GENERAL FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
ADMINISTRATION
10-41-10 PAYROLL 9,311.26 42,611.82 120,000.00 77,388.18 35.5
10-41-20 PAYROLL TAXES 886.42 4,129.41 13,000.00 8,870.59 31.8
10-41-30 RETIREMENT 1,086.62 4,833.38 14,000.00 9,166.62 34.5
10-4140 HEALTH INSURANCE 2,201.19 9,465.05 35,000.00 25,534.95 27.0
10-41-50 OFFICE EXPENSE & ADMIN. 958.33 7,156.76 25,000.00 17,843.24 28.6
10-41-55 PUBLISHING .00 408.60 1,500.00 1,091.40 27.2
10-41-60 LEGAL & AUDIT FEES 2,575.00 5,431.00 30,000.00 24,569.00 18.1
10-41-63 ENGINEERING .00 4,047.50 14,000.00 9,952.50 28.9
10-41-65 TRAINING/TRAVEL .00 1,306.21 4,500.00 3,193.79 29.0
10-41-70 INSURANCE LIABILITY .00 1,990.50 15,000.00 13,009.50 13.3
10-41-75 ELECTRICITY - NATURAL GAS 1,782.06 5,788.26 18,000.00 12,211.74 32.2
TOTAL ADMINISTRATION
POLICE DEPARTMENT
18,800.88 87,168.49 290,000.00 202,831.51 30.1
10-46-10 POLICE -PAYROLL 4,545.00 32,867.34 105,300.00 72,432.66 31.2
10-46-20 PAYROLL TAXES 359.46 2,932.63 11,000.00 8,067.37 26.7
10-46-30 POLICE -RETIREMENT 604.96 4,131.10 13,000.00 8,868.90 31.8
10-4640 POLICE -HEALTH INSURANCE 1,171.21 6,296.74 26,000.00 19,703.26 24.2
10-46-60 POLICE -VEHICLE .00 8,073.59 8,100.00 26.41 99.7
10-46-70 POLICE -TRAINING .00 4,143.96 5,000.00 856.04 82.9
10-46-80 POLICE-COUNTY/DISPATCH 5,665.61 11,522.99 43,000.00 31,477.01 26.8
10-46-90 POLICE -GENERAL 498.11 5,726.26 21,000.00 15,273.74 27.3
TOTAL POLICE DEPARTMENT 12,844.35 75,694.61 232,400.00 156,705.39 32.6
MISCELLANEOUS DEPT
10-47-10 MAINTENANCE 9,158.64 25,310.50 110,000.00 84,689.50 23.0
10-47-20 BUILDING INSPECTIONS 1,911.95 9,826.75 35,000.00 25,173.25 28.1
10-47-30 EQUIPMENT EXPENSE 1,530.77 3,239.89 6,000.00 2,760.11 54.0
10-47-50 CIVIL DEFENSE .00 895.00 900.00 5.00 99.4
10-47-60 MYAC EXPENSE 26.48 334.98 2,000.00 1,665.02 16.8
10-47-70 IONA DAY EXPENSE .00 .00 5,300.00 5,300.00 .0
10-47-80 MUSEUM EXPENSE .00 .00 1,000.00 1,000.00 .0
10-47-90 MISCELLANEOUS EXPENSE 949.51 2,599.52 10,000.00 7,400.48 26.0
TOTAL MISCELLANEOUS DEPT 13,577.35 42,206.64 170,200.00 127,993.36 24.8
CAPITAL OUTLAY
10-48-10 LIBRARY .00 .00 2,000.00 2,000.00 .0
10-48-20 CAPITAL IMPROVEMENTS 354.72 1,409.59 100,000.00 98,590.41 1.4
TOTAL CAPITAL OUTLAY 354.72 1,409.59 102,000.00 100,590.41 1.4
FOR ADMINISTRATION USE ONLY
34 % OF THE FISCAL YEAR HAS ELAPSED 02/06/2018 11:48AM PAGE: 3
CITY OF IONA
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 4 MONTHS ENDING JANUARY 31, 2018
GENERAL FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
RECREATION EXPENDITURES
10-49-10 RECREATION LABOR 968.50 2,677.72 48,000.00 45,322.28 5.6
10-49-20 PAYROLL TAXES 112.73 305.27 4,800.00 4,494.73 6.4
10-49-50 RECREATION SUPPLIES 411.10 457.54 16,000.00 15,542.46 2.9
10-49-60 RECREATION EQUIPMENT 79.78 8,360.53 12,000.00 3,639.47 69.7
10-49-70 RECREATION MAINTENANCE .00 90.00 2,000.00 1,910.00 4.5
TOTAL RECREATION EXPENDITURES 1,572.11 11,891.06 82,800.00 70,908.94 14.4
EQUIPMENT REPLACEMENT
10-50-10 EQUIPMENT REPLACEMENT .00 29,000.00 79,215.00 50,215.00 36.6
TOTAL EQUIPMENT REPLACEMENT .00 29,000.00 79,215.00 50,215.00 36.6
TOTAL FUND EXPENDITURES 47,149.41 247,370.39 956,615.00 709,244.61 25.9
NET REVENUE OVER EXPENDITURES
163,391.69 117,953.38 .00 ( 117,953.38) .0
FOR ADMINISTRATION USE ONLY
34 % OF THE FISCAL YEAR HAS ELAPSED 02/06/2018 11:48AM PAGE: 4
CITY OF IONA
REVENUES WITH COMPARISON TO BUDGET
FOR THE 4 MONTHS ENDING JANUARY 31, 2018
WATER FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
OPERATING REVENUE
51-31-10 COLLECTIONS 25,514.72 101,419.76 307,440.00 206,020.24 33.0
51-31-30 HOOK UP FEES .00 4,859.00 60,000.00 55,141.00 8.1
TOTAL OPERATING REVENUE 25,514.72 106,278.76 367,440.00 261,161.24 28.9
WATER
51-35-10 WATER SYSTEM .00 .00 339,700.00 339,700.00 .0
TOTAL WATER .00 .00 339,700.00 339,700.00 .0
MISCELANEOUS REVENUE
51-36-10 INTEREST 186.22 1,076.97 2,000.00 923.03 53.9
51-36-20 MISC REVENUE .01 .01 500.00 499.99 .0
TOTAL MISCELANEOUS REVENUE 186.23 1,076.98 2,500.00 1,423.02 43.1
EQUIPMENT REPLACEMENT
51-38-60 EQUIPMENT RESERVES .00 .00 70,000.00 70,000.00 .0
TOTAL EQUIPMENT REPLACEMENT .00 .00 70,000.00 70,000.00 .0
RESERVES
51-39-50 RESERVES .00 .00 50,000.00 50,000.00 .0
TOTAL RESERVES .00 .00 50,000.00 50,000.00 .0
TOTAL FUND REVENUE
25,700.95 107,355.74
829,640.00 722,284.26 12.9
FOR ADMINISTRATION USE ONLY
34 % OF THE FISCAL YEAR HAS ELAPSED 02/06/2018 11:48AM PAGE: 5
CITY OF IONA
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 4 MONTHS ENDING JANUARY 31, 2018
WATER FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
ADMINISTRATION
51-41-10 PAYROLL 7,473.75 31,997.33 90,000.00 58,002.67 35.6
51-41-20 PAYROLL TAXES 743.50 3,170.89 10,000.00 6,829.11 31.7
51-41-30 RETIREMENT 882.81 3,673.93 11,000.00 7,326.07 33.4
51-4140 HEALTH INSURANCE 2,201.10 8,144.11 22,000.00 13,855.89 37.0
51-41-50 OFFICE EXPENSE & ADMIN. 5,115.48 12,255.64 18,000.00 5,744.36 68.1
51-41-60 LEGAL .00 2,991.00 30,000.00 27,009.00 10.0
51-41-70 INSURANCE LIABILITY .00 1,990.50 7,000.00 5,009.50 28.4
51-41-75 ELECTRICITY & NATURAL GAS 1,146.69 8,201.85 50,000.00 41,798.15 16.4
51-41-80 ENGINEERING 1,500.00 1,695.00 26,000.00 24,305.00 6.5
TOTAL ADMINISTRATION 19,063.33 74,120.25 264,000.00 189,879.75 28.1
MISCELLANEOUS
51-47-10 MAINTENANCE & REPAIRS
51-47-20 MISCELLANEOUS EXPENSE
51-47-30 EQUIPMENT EXPENSE
51-47-35 EQUIPMENT RENT
TOTAL MISCELLANEOUS
CAPITAL IMPROVEMENTS
(
9,876.19 27,913.13 50,000.00 22,086.87 55.8
50.00) 280.00 3,500.00 3,220.00 8.0
.00 1,242.24 1,000.00 ( 242.24) 124.2
.00 .00 2,000.00 2,000.00 .0
9,826.19 29,435.37
56,500.00 27,064.63 52.1
51-48-20 CAPITAL IMPROVEMENTS 271.00
1,325.88 435,000.00 433,674.12 .3
TOTAL CAPITAL IMPROVEMENTS 271.00
EQUIPMENT REPLACEMENT
51-50-10 EQUIPMENT REPLACEMENT
1,325.88 435,000.00 433,674.12 .3
.00 29,000.00 74,140.00 45,140.00 39.1
TOTAL EQUIPMENT REPLACEMENT .00 29,000.00 74,140.00 45,140.00 39.1
TOTAL FUND EXPENDITURES 29,160.52 133,881.50 829,640.00 695,758.50 16.1
NET REVENUE OVER EXPENDITURES ( 3,459.57) ( 26,525.76) .00 26,525.76 .0
FOR ADMINISTRATION USE ONLY
34 % OF THE FISCAL YEAR HAS ELAPSED 02/06/2018 11:48AM PAGE: 6
TAB D
2/15/2018 City of Iona Mail - Tropical Sno
Gmaii
by ocsEc
Tropical Sno
7 messages
Shara Roberts <cityclerk@cityofiona.org>
Kyler Hope <kylerhope@me.com> Fri, Jan 5, 2018 at 1:57 PM
To: cityclerk@cityofiona.org
Attached is the photo, it's a great setup for parks and has worked great in the past. We didn't realize it last year during the
season, but feel it would better suite the players and parents, along with the flow of the park and not being in the roads
way.
We would be open during the game times and events throughout the summer, using no power or water. We would also
have our night shift employee go through the park and clean up the cups and I found out they weren't doing thoroughly
this past year. This year we also have a full time manager that will be able to oversee and make sure that the area and
trash is cleaned up throughout the park.
We had a great turnout this past year when the games were going on and the kids and parents loved having us there, so
we hope we can partner again with you this year and make it much better learning from our mistakes last year!
The photo attached is the ad photo, but it is the same setup. Ours is just in storage currently, and it can be placed on
grass without ruining the grass and will be taken down and set up daily so no overnight staying.
2 attachments
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Shara Roberts <cityclerk@cityofiona.org> Fri, Jan 5, 2018 at 2:01 PM
To: Zech Prouse <publicworks@cityofiona.org>, Dan Gubler <dangubler@cityofiona.org>, Karl Bowcutt
<ionapolice@cityofiona.org>
I received a phone call from the representative from Tropical Snow that inquired if they could provide snow cone services
again this year in the park during softball season. He is proposing a new take down gazebo that would be set up and put
away daily as opposed to the shack that was present last year.
I asked him to please email me some information with what he was proposing so that I can share it with all of you to
gather your thoughts and feedback.
https://mail.google.com/mail/u/0/?ui=2&ik=367c9800ed&jsver=egR4NK8aFo8.en.&view=pt&search=inbox&th=16123d6dbf27916b&sim1=160c81 da30a... 1 /3
2/15/2018 City of Iona Mail - Tropical Sno
Please read the information below and get back to me when you are able.
Thanks!
[Quoted text hidden]
Shara Roberts, City Clerk
City of Iona
PO Box 487
Iona, ID 83427
(208)-523-5600
cityclerk@cityofiona.org
lam only one but I am one. I cannot do everything but I can do something. And I will not let what I cannot do interfere
with what I can do."
2 attachments
_10: .I-�
-� .. -ems
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a.
Shara Roberts <cityclerk@cityofiona.org> Mon, Jan 22, 2018 at 2:53 PM
To: Zech Prouse <publicworks@cityofiona.org>, Dan Gubler <dangubler@cityofiona.org>, Karl Bowcutt
<ionapolice@cityofiona.org>
Has anyone had a chance to look at this? Mr. Hope phoned me this morning asking if anyone had questions or concerns
or if they had approval to move forward with this for the coming softball/t-ball season.
[Quoted text hidden]
Dan Gubler <dangubler@cityofiona.org> Mon, Jan 22, 2018 at 2:54 PM
To: Shara Roberts <cityclerk@cityofiona.org>
Let's add it to the agenda for approval in Feb., Dan
[Quoted text hidden]
https://mail.google.com/mail/u/0/?ui=2&ik=367c9800ed&jsver=egR4NK8aFo8.en.&view=pt&search=inbox&th=16123d6dbf27916b&sim1=160c81 da30a... 2/3
2/15/2018 City of Iona Mail - Tropical Sno
Karl Bowcutt <ionapolice@cityofiona.org>
To: Shara Roberts <cityclerk@cityofiona.org>
Cc: Zech Prouse <publicworks@cityofiona.org>, Dan Gubler <dangubler@cityofiona.org>
This is fine
Chief K. Bowcutt
Iona Police Department
208.716.4662
[Quoted text hidden]
Mon, Jan 22, 2018 at 6:49 PM
Shara Roberts <cityclerk@cityofiona.org> Tue, Jan 23, 2018 at 9:12 AM
To: Kyler Hope <kylerhope@me.com>
Hi Kyler,
I talked with our new Mayor yesterday and he would prefer we wait and take this item of business to our next city council
meeting for approval on February 20th. Just wanted to give you that update and let you know I'll be in touch after the
meeting.
Thank You!
[Quoted text hidden]
Shara Roberts, City Clerk
City of Iona
PO Box 487
Iona, ID 83427
(208)-523-5600
cityclerk@cityofiona.org
"I am only one but I am one. I cannot do everything but I can do something. And I will not let what I cannot do interfere
with what I can do."
Kyler Hope <kylerhope@me.com> Tue, Jan 23, 2018 at 9:24 AM
To: Shara Roberts <cityclerk@cityofiona.org>
Thanks Shara! Let me know if I need to get them any other info for them.
[Quoted text hidden]
https://mail.google.com/mail/u/0/?ui=2&ik=367c9800ed&jsver=egR4NK8aFo8.en.&view=pt&search=inbox&th=16123d6dbf27916b&sim1=160c81 da30a... 3/3
TAB E
LAW ENFORCEMENT POLICY CENTER
IDAHO POLICING POLICY MANUAL
SUBSCRIPTION BASED LICENSE AGREEMENT
This Subscription Based License Agreement ("Agreement") made and entered into
by and between Law Enforcement Policy Center, LLC, an Idaho company, ("Licensor") and
the law enforcement agency identified hereafter ("Licensee").
RECITALS
WHEREAS, Licensor is the owner of the Idaho Policing Policy Manual (hereinafter
"Manual") developed by Licensor in conjunction with Idaho Counties Risk Management
Program, the Idaho Sheriffs' Association and the Idaho Chiefs of Police Association;
WHEREAS, Licensee acknowledges that Licensor is the owner of the Manual and
Licensee wishes to have the ability to use the Manual under the terms of this Agreement;
WHEREAS, Licensee acknowledges that as a subscriber to the Manual, Licensee
must formally adopt and support the policies in the Manual for the subscription term; and
WHEREAS, Licensor wishes to grant a non-exclusive subscription license to
Licensee, under a standard subscription period from the date executed until September
30, 2018 as set forth and defined more fully herein.
NOW THEREFORE, in consideration of the mutual promises as contained in this
Agreement, the parties agree as follows:
1. Grant of Subscription Based License. Licensor does hereby grant to Licensee a
non-exclusive, right and privilege to use the Manual in connection with the
operation, management, training, and official agency business of Licensee. The
use of the Manual by Licensee is subject to the terms and conditions of this
Agreement.
2. Duration and Termination. Upon execution of this Agreement, the term of the
license hereby granted shall be effective immediately and continue until September
30`h, 2018 (the "Term"). This Agreement may be terminated by either Licensor or
Licensee upon thirty (30) days written notice. Licensor may terminate this
Agreement prior to the end of the Term for Licensee's failure to comply with the
terms of this Agreement. If terminated by either Licensor or Licensee during the
Term, Licensee shall not be entitled to reimbursement or refund for any licensing
fees or subscriber fees paid.
3. End of Term. At the end of the Term, this Agreement shall cease and become null
and void and Licensee will have no right whatsoever to use the Manual. Upon
termination or expiration of the Term, Licensee agrees to discontinue operational
use of the Manual and destroy all copies of the Manual, except for those necessary
in the case of existing or future legal proceedings against the agency or as
IDAHO POLICING POLICY MANUAL LICENSE AGREEMENT - 1
otherwise required by Idaho law. Licensee shall take all steps necessary to ensure
that it is no longer using the Manual immediately upon termination of the
Agreement.
4. License Subscription Fee. The covenants set forth in this Agreement by both
parties are exchanged for good and valuable consideration, sufficiency of which is
hereby acknowledged. Licensee agrees to pay Licensor based upon the number of
full-time sworn members of the agency, excluding those assigned only to jail duties.
The licensing fee is as follows:
a. 1-5:
b. 6-15:
c. 16-30:
d. 31-50:
e. More than 50:
$750 annually
$1,500 annually
$2,500 annually
$3,500 annually
By quote
5. Assignment Prohibited. This Agreement and the license granted hereby are not
assignable, and any attempt by Licensee to assign any portion of this Licenses or
grant a sub -license shall be deemed a breach of this Agreement and shall be cause
for immediate termination of this Agreement. The content of the Manual or related
training materials may not be sold, shared, disclosed to, or disseminated to any
person outside of the Licensee agency, other than may be necessary for court
proceedings, subject to subpoena, or other legal processes on behalf of Licensee,
or otherwise required by law.
6. Copyright and Ownership of Manual: Licensee agrees that it has a limited, non-
exclusive license subscription to use the Manual provided by Licensor (hereinafter
"Content") subject to the terms and conditions of this agreement. Licensee agrees
to fully indemnify Licensor for any alterations Licensee makes to the policy
language. Licensee agrees to notify Licensor in writing if any of the policy language
in the Manual is determined by a court of law to be contrary to the law as written.
Licensee further agrees that by entering into this Agreement, it acquires no
ownership rights in the Manual.
7. Indemnification. Licensee agrees to indemnify, defend, and hold harmless Law
Enforcement Policy Center, LLC and GAR, Inc., their officers, agents, and
employees, from and against any and all claims, losses, action, or judgments for
damages or injury to persons or property (including, without limitation, reasonable
attorneys' fees and disbursements) arising out of or in connection with the acts and/or
any performance or activities of Licensee, Licensee's agents, employees, or
representatives related to the adoption and use of the Manual. Licensee
acknowledges that the undertaking on Licensor's part set forth in this paragraph
represents a major inducement and consideration for Licensor to enter in to this
Agreement.
IDAHO POLICING POLICY MANUAL LICENSE AGREEMENT - 2
8. Notice. All reports, communications, requests or notices required or permitted by
this Agreement to be given to a party shall be in writing and shall be deemed to be
duly given if mailed or delivered to such party to the addresses
Licensor:
Law Enforcement Policy Center, LLC
10400 W Overland Rd., Ste 245
Boise, ID 83709, or;
gary@lepolicy.com (email communications require an acknowledgement of receipt)
Licensee:
Agency Name: Iona Police Department
Mailing Address: 3548 N Main
Iona, ID
83427
Agency Head (printed): Chief Karl Bowcutt
Email: Ionapolice@cityofiona.org
Telephone: 208-716-4662
Contact Person (if different): Karl Bowcutt
Email:
Telephone:
ionapolice@cityofiona.org
208-716-4662
Number of sworn as defined in paragraph 4: 2 (full-time sworn members of the agency,
excluding those assigned only to jail duties)
We request 3 copies of the 5.5 x 8.5 inch spiral bound manual (usually an additional
20% for desk and replacement copies, unless the agency will use a digital version).
The Licensee or Licensor may give notice of a change of such person's address,
and thereafter all notices sent to such person shall be sent to such person at the
address given in such notice.
9. Changes. This Agreement may not be changed or modified except by a written
instrument signed by Licensor and Licensee.
10. No Partnership, Joint Venture or Agency. Nothing herein contained shall be
construed to constitute the parties hereto as continuing partners or as joint
venturers, or as agent of the other. Licensee shall not in any manner or respect be
the legal representative or agent of Licensor and shall not enter into or create any
contracts, agreements, or obligations on the part of Licensor, either express or
implied, nor bind Licensor in any manner or respect whatsoever; it being
understood that this Agreement is only a contract for the license of the Manual.
IDAHO POLICING POLICY MANUAL LICENSE AGREEMENT - 3
11. Prior Agreements: This Agreement sets forth and contains the entirety of
representations, understandings and agreements of the parties hereto and merges
all prior representations, understandings and agreements. This Agreement may be
amended only through a written instrument executed by a duly authorized
representative of each of the Parties hereto.
12. Enforcement of this Agreement: In the event either party to this Agreement brings any
future action or proceeding to enforce their rights hereunder, the prevailing party in such
action or proceeding shall be entitled, in addition to any other remedy, to recover from
the other party all damages, costs and expenses incurred by the prevailing party in
connection therewith, including, without limitation, its reasonable attorneys' fees.
13. Nonwaiver. Failure of either party to exercise any of the rights under this Agreement, or
breach thereof, shall not be deemed to be a waiver of such right or a waiver of any
subsequent breach.
14. Governing Law and Interpretation. This Agreement and all controversies hereunder shall
be governed by and construed in accordance with the laws of the State of Idaho without
giving effect to any choice or conflict of law provision or rule that would cause the
application of the laws of any jurisdiction other than the State of Idaho. The terms of this
Agreement have been freely negotiated by the parties, with the advice of legal counsel of
their own choosing, and the terms, provisions, and conditions of this Agreement shall not
be interpreted or construed against either party.
15. Severability. If any part of this Agreement is held unenforceable, the remaining portions
will nevertheless remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement to
be effective immediately upon return of executed agreement to LICENSOR.
LICENSOR:
Gary Rane
Law Enforcement 'olicy Center, LLC
LICENSEE (use as needed):
Printed Name: Title: _Mayor
Signature: Date:
Printed Name: Title: Chief of Police
Signature: Date:
IDAHO POLICING POLICY MANUAL LICENSE AGREEMENT - 4
Printed Name: Title:
Signature: Date:
Printed Name: Title:
Signature: Date:
IDAHO POLICING POLICY MANUAL LICENSE AGREEMENT - 5
TAB F
RESOLUTION No. 2018-01
Idaho Law Enforcement Policy Manual
WHEREAS, the Idaho Law Enforcement Policy Center, LLC, an Idaho limited
liability company, has published an Idaho Policing Policy Manual (hereafter "the Manual"),
which was developed in conjunction with the Idaho Counties Risk Management Program,
the Idaho Sheriff's Association and the Idaho Chief of Police Association;
WHEREAS, the City is a subscriber to the Manual and as such is authorized to adopt
and use the policies set forth therein for the term of its subscription as set forth in such
license agreement;
WHEREAS, the Manual requires that all licensees formal adopt and support the
policies in the Manual;
NOW, THEREFORE, the City does hereby adopt the policies and procedures set forth
in the Manual and all law enforcement officers employed by the City shall be and hereby are
required to follow and comply with the procedures in such Manual.
PASSED BY THE COUNCIL this day of February, 2018.
APPROVED BY THE MAYOR this day of February, 2018.
Dan Gubler
Mayor
ATTEST:
Shara Roberts
City Clerk
(SEAL)
G:\WPDATA\DWS\2708 City of Iona \Resolutions\2018\Law Enforcement Policy.wpd:sm
TAB G
Your Safety • Your Mobility
Your Economic Opportunity
January 25, 2018
Shara Roberts
PO Box 487
Iona, ID 83427-0487
IDAHO TRANSPORTATION DEPARTMENT
P.O. Box 7129 • Boise, ID 83707-1129
(208) 334-8000 • itd.idaho.gov
RE: Idaho Unified Certification Program
Dear City Clerk Roberts:
All United State Department of.Transportation Recipients in the State of Idaho
Attached for your information is an updated copy of the agreement which established the Idaho Unified
Certification Program (UCP). This agreement was originally established by the Idaho Transportation
Department (ITD) and approved by the United States Department of Transportation (USDOT) in
November of 2002.
As required by 49 Code of Federal Regulation, Part 26 the agreement established the required one -stop -
shop in the administration of and standards regarding companies in the Idaho Disadvantaged Business
Enterprise (DBE) Program. Each recipient of USDOT funding is required to sign the attached
Statement of Agreement recognizing ITD as the agency authorized to manage the Disadvantage
Enterprise Program for the State of Idaho. Please email the signed acknowledgement to
civilrights@itd.idaho.gov.
Information regarding ITD's DBE Program is available at:
http://apps.itd.idaho.gov/apps/ocr/ocrDBEPROGRAM.aspx.
If you have any question or concerns regarding the changes on the enclosed agreement please contact
ITD's Office of Civil Rights at: civilrights@itd.idaho.gov.
Sincerely,
Diane Cole
Office of Civil Rights Manager
DC:Ih
enclosures
Agreement Establishing
The Idaho Unified Certification Program
For the Disadvantaged Business Enterprise Program
in the State of Idaho
THIS AGREEMENT is made and entered into by and between the attached listed Recipients and the
Idaho Transportation Department (ITD), each a recipient as that term is defined by 49 CFR §26.81 and
in accordance with the ITD approved Disadvantaged Business Enterprise (DBE) Program.
WHEREAS, 49 CFR §26.81 requires federal transportation fund recipients of a state to create a Unified
Certification Program (UCP) as part of each recipient's DBE program; and
WHEREAS, the parties require certification, renewal, and decertification of firms as a DBE; and
WHEREAS, all recipients of federal transportation funds in this state are covered by the requirements
of 49 CFR §26.81, and are also required to participate in a Unified Certification Program; and
WHEREAS, the parties desire to join together for cooperative action pursuant to carrying out the
requirements of 49 CFR §26 and to establish an Idaho Unified Certification Program (IUCP); and
WHEREAS, the governing board of each party has by resolution authorized the entering into of the
Agreement and the establishment of the IUCP; and
WHEREAS, by that agreement each current recipient and/or future recipients identified by the ITD are
bound by the requirements of the IUCP and agree to abide by the requirements of the IUCP which is a
continuation of the ITD current and previous process.
NOW, THEREFORE, in consideration of the mutual promises and benefits that each party shall derive
therefrom, the parties agree as follows:
ARTICLE I: PURPOSES
The parties have entered into this Agreement for the purposes of creating an Idaho Unified Certification
Program (IUCP) to be administered by the Idaho Transportation Department Office of Civil Rights
(OCR). The ITD OCR will oversee the process for designation of a Certification Committee as stated in
the approved ITD DBE Program under section III DBE Certification Process, A. Certification Committee.
This Certification Committee will perform DBE certification, renewal, and decertification for Idaho
recipients.
ARTICLE II: SERVICES
Section 2.1. Idaho Unified Certification Program
The IUCP is hereby created and implemented in accordance with 49 CFR §26.81, as
amended.
2017 ITD DBE UCP Agreement 10-2017 Page 1 of 4
a. The IUCP will follow all certification, renewal, and decertification procedures in
accordance with the certification standards of CFR 49, Subpart D of §26, the
certification procedures of Subpart E of §26 and Subpart C of §23 as applied by the
ITD in its DBE Program. This is addressed in the DBE Program Plan in Subpart E —
DBE Certification Procedures. The Application Procedure for Certification as follows:
i. Applications are conducted online at: https://itd.dbesystem.com
ii. The ITD DBE Program Coordinator reviews the application and
documentation to verify that the information is complete and then requests
that the appropriate district Safety Compliance Officer (SCO) perform an on -
site review.
iii. The Certification Committee will meet every thirty (30) days or sooner if
necessary. The Certification Committee will make eligibility decisions within
90 days of receipt of all required information.
iv. Out of state firms applying for certification must be certified within their home
state to qualify for the Idaho program. On -site -reviews from the out-of-state
applicant will be accepted from the home state certification entity. See
Subpart E.4, "Interstate Certification", in the DBE Program Plan.
v. A firm that believes that they have been wrongly denied certification may
appeal in writing to the United States Department of Transportation,
Departmental Office of Civil Rights, External Civil Rights Program Division,
1200 New Jersey Avenue SE, Washington, D.C. 20590. Appeals must be
submitted within ninety (90) days after certification has been denied.
vi. A firm that receives a Notice of Intent to Decertify may request an informal
hearing by the selected Hearing Officer. Requests for an oral hearing must be
submitted within 10 days of the notification and will be conducted within 30
days of receipt of the request. A hearing request for written arguments must
be submitted within 30 days and then the selected Hearing Officer will make
a decision within 30 days from receipt of the request. Any request for a
hearing must be directed to Office of Civil Rights Manager (OCRM) at the
Idaho Transportation Department, 3311 West State Street, Boise, Idaho
83703-1129.
vii. The Idaho electronic DBE Directory located on the ITD website will be
updated with additions, deletions, and other changes as they occur. In
addition to this update, upon request interested members of the IUCP will be
notified of changes as they occur.
b. The IUCP will cooperate fully with oversight, review and monitoring activities of the
United States Department of Transportation (USDOT) and its operating
administrations.
2017 ITD DBE UCP Agreement 10-2017 Page 2 of 4
Section 2.2.
Section 2.3.
Section 2.4.
ARTICLE III:
Section 3.1.
c. The IUCP will implement USDOT directives and guidance concerning certification,
renewal, and decertification procedures in accordance with the certification
standards of CFR 49, Subpart D of §26, the certification procedures of Subpart E of
§26 and Subpart C of §23 as applied by the approved ITD DBE Program Plan.
d. Each recipient party to this Agreement shall ensure that the IUCP has sufficient
resources and expertise to carry out the requirements of 49 CFR §26 and §23. The
ITD Office of Civil Rights is currently receiving appropriate resources to provide the
needed actions to meet the requirements of 49 CFR §26 in the establishment and
implementation of the IUCP.
e. The IUCP will be fully implemented within 120 days of the Secretary's approval of
the IUCP on the following schedule:
i. Within 90 days of the Secretary's approval of the IUCP, each party to this
agreement will begin to utilize the unified procedures set forth in the IUCP
Agreement.
ii. Within 120 days after the Secretary's approval of the IUCP, the Committee
will begin to meet on a regular basis as required to certify DBE applicants.
iii. Within 60 days after the Secretary's approval the IUCP will post the unified
DBE Directory on its website.
Idaho Unified Certification Committee
The ITD/OCRM is identified as the administrator of the IUCP and responsible for the
process for designation of the Certification Committee (Committee) which is established
to administer the IUCP certifications as required by the approved ITD DBE Program Plan
and CFR 49 §26, Subpart D and Subpart E and §23, Subpart C.
DBE Directory
An online DBE Directory will be maintained by the ITD/OCR at
https://itd.dbesystem.com.
Classification of Business and Financial Information
Each recipient under this Agreement shall safeguard from disclosure to unauthorized
person information that may reasonably be considered confidential business information
consistent with Federal, State and local law.
TERM AND SCOPE OF AGREEMENT
Term
This agreement shall be effective immediately upon its execution by all the parties
hereto and the approval of the IUCP by the Secretary of the USDOT. This Agreement
2017 ITD DBE UCP Agreement 10-2017 Page 3 of 4
and the IUCP shall continue in force as long as required by federal laws and regulations,
unless terminated pursuant to Section 3.2. of the Agreement.
Section 3.2. Early Termination
Any party to this Agreement may terminate its relationship to the IUCP upon a showing
of non -recipient status, provided approval is given by USDOT for such termination.
Section 3.3. Limited Agreement
This Agreement is limited in scope and nothing contained in this Agreement shall imply
any relationship between any of the signing parties beyond the creation and
implementation of the IUCP.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below and
attached:
IDAHO TRANSPORTATION DEPARTMENT
BY:
---)40,./
BRIAN W. NESS, Director
DATE:
/o//�/Roi
2017 ITD ITD DBE UCP Agreement 10-2017 Page 4 of 4
STATEMENT OF AGREEMENT
Idaho Unified Certification Program
Attachment to !UPC Agreement
The Unified Certification Program process developed and implemented by the Idaho
Transportation Department for the State of Idaho has been reviewed by the agency listed
below. We acknowledge the !UPC Agreement is made and entered into by and between the
participating agency noted below and the Idaho Transportation Department.
We recognize this program as the authorizing process for certification, recertification and
decertification of firms in the Disadvantaged Business Enterprise Program for the State of Idaho
as required by 49 CFR §26.81.
BY:
DATE:
AGENCY:
ADDRESS:
PHONE:
EMAIL:
SIGNATURE:
RETURN STATEMENT OF AGREEMENT TO:
civilrights@itd.idaho.gov
Office of Civil Rights
Idaho Transportation Department
P.O. Box 7129
Boise, Idaho 83703-1129
Participant !UPC 2017 Statement of Agreement Signature.docx
TAB H
City Council Meeting - November 21, 2017
Mayor Andersen entertained a motion. Council President Gubler moved to approve the
agreement with Idaho Water Engineering for the Appraisal of the City's water rights. Council
Member Geray seconded the motion. The agreement was approved by a roll call vote, "Exhibit
C":
Council Member Geray: Yes Council Member Gubler: Yes
Council Member Garren: Yes Council Member McNamara: Yes
Approval of Bonneville County Law Enforcement Contract for 2017: Mayor Andersen asked
Chief Bowcutt if the contract contained a 3% increase and if it was similar to previous years.
Chief Bowcutt reported the contract does contain an increase of less than 3% and is similar to
previous years.
Mayor Andersen entertained a motion. Council Member Geray moved to approve the contract
with Bonneville County Law Enforcement for 2017 as presented. Council Member Garren
seconded the motion. The contract was approved by a roll call vote, "Exhibit D":
Council Member Geray: Yes Council Member Gubler: Yes
Council Member Garren: Yes Council Member McNamara: Yes
Approval of Land Use Agreement for Dee Johnson: Director Prouse explained the purpose of
the agreement is to allow Mr. Johnson to lease a portion of public right-of-way land to place a
prefabricated storage shed, "Exhibit E"
Mayor Andersen asked for Director Prouse's thoughts on the agreements. Director Prouse
indicated he didn't see any potential issues as long as Mr. Johnson abided by the stipulations set
out in the agreement.
Council President Gubler inquired what the cost of the agreement would be to Mr. Johnson.
Director Prouse responded the agreement currently asks for a payment of $250. However, there
is a question if the amount should be increased to include both the legal fees for the City
Attorney and the Engineering fees for the legal description since this was initiated by Mr.
Johnson and should not be fees incurred by the City.
Council Member Garren inquired if the agreement stipulated what would happen if Mr. Johnson
sold his property. Council Member Geray indicated the new home buyer would have to go
through the same steps to initiate a separate lease agreement with the City.
Council Member Geray outlined there is an option for the City to terminate the agreement at any
time with a 30 day notice.
Mayor Andersen entertained a motion. Council Member Geray moved to approve the land use
agreement for Dee Johnson. Council President Gubler seconded the motion. All in favor, motion
carried.
Canvas Election Results — Precincts #41 and #42: Clerk Roberts read the Bonneville County
Canvas Election Results for the November 7, 2017 General Election, "Exhibit F". Total Mayoral
5
LICENSE AGREEMENT
THIS LICENSE AGREEMENT (this
"License") is executed to be effective as of the
of December, 2017, (the "Effective Date"), by
and between the City of Iona, a municipal corporation
of the State of Idaho, hereinafter referred to as "City,"
and Dee Johnson and Christine Johnson, husband and
wife, whose address is 5487 Scoresby Ave., Iona,
Idaho, 83427, hereinafter referred to as "Licensee."
In consideration of the mutual covenants,
conditions and agreements contained herein and the
payment of the License Fee herein specified, it is agreed
as follows:
1. PREMISES. City does hereby grant
unto Licensee a license to use, occupy and maintain that
certain real property more particularly described in
Exhibit "A" attached hereto. (the "Premises"). The
Premises are shown by crosshatching on Exhibit "A"
attached hereto.
2. ACCEPTANCE. Licensee has
examined the Premises and accepts the same in its
current condition and state of repair as of the Effective
Date.
3. TERM OF LICENSE. The term of
this License Agreement shall be perpetual, provided
however City reserves the right to terminate this
License Agreement at any time, with or without cause,
upon delivering to Licensee a Notice of Termination at
least thirty (30) calendars prior to the effective date of
such termination. The term of such License Agreement
shall commence upon Licensee's payment of the license
fee as set forth in paragraph 4 below (the "Effective
Date").
4. LICENSE FEE. Licensee agrees to
pay to City a license fee in the amount of $475.00
payable in advance on or before the Effective Date.
5. EXISTING EASEMENTS.
Licensee's use of the Premises shall be subject to all
existing utility easements, reservations and restrictions
of record and City expressly reserves the right to use
the Premises for any other additional use not otherwise
inconsistent with Licensee's use of the Premises.
6. USE OF PREMISES AND
COMPLIANCE WITH LAWS. Licensee shall use the
Premises solely for residential purposes incidental to
Licensee's use, operation and maintenance of an
adjoining residential structure. Such use shall be
subject to all applicable city zoning and code
restrictions. Licensee shall not use or permit the use of
the Premises for any other purpose or purposes without
the prior written consent of City, which consent City
may withhold in its sole and absolute discretion. The
Premises shall not be used for any unlawful purpose,
and Licensee agrees to comply with all federal, state,
county and city ordinances, laws and regulations,
present or future, including but not limited to the
Americans with Disabilities Act and all guidelines
promulgated thereunder, affecting the use of the
Premises.
7. UTILITIES. Licensee shall be
responsible for all electricity, gas, water, sewer,
telephone, cable, sanitation/garbage removal, and all
other utilities of every type and nature whatsoever used
in or about the Premises at Licensee's own cost and
expense. City shall be under no obligation to furnish or
pay for any of such utilities.
8. MAINTENANCE. City shall have
no obligation to maintain or repair the Premises or keep
the Premises free from any hazard, danger or unsafe
condition.
9. TAXES. Licensee shall pay all real
property and other taxes and assessments of every kind,
nature and description, including but not limited to all
taxes and assessments on any equipment, machinery, or
personal property of any kind or nature placed or
permitted in or upon the Premises by Licensee.
10. INDEMNIFICATION. Licensee
covenants and agrees not to do or suffer anything to be
done by which persons or property in or about or
adjacent to the Premises may be injured, damaged, or
endangered. Licensee hereby agrees to defend and
indemnify City against and to hold City harmless from
any and all claims or demands for uninsured loss of or
damage to property or injury or death to any person
from any cause whatsoever occurring in, upon or about
the Premises during the term of this License or any
extension thereof.
11. FIRE RISK/PROTECTION
DEVICES. Licensee shall not do or permit anything to
be done in the Premises or bring or permit anything to
be brought therein which in any way increases or tends
to increase the risk of fire or damage by explosion, or
which will conflict with the ordinances of the City.
12. ALTERATIONS. No alteration,
addition, or improvement to the Premises shall be made
by Licensee without the written consent of City, which
consent City may withhold in its sole and absolute
discretion. Any alteration, addition or improvement
made by Licensee after such consent shall have been
given, and any fixtures installed as part thereof, shall at
City's option become the property of City upon the
termination of this License and be surrendered with the
Premises; provided, however, that City shall have the
option to require Licensee, at Licensee's cost, to
remove such alteration, addition, improvement and
fixtures upon the termination of this License. Upon the
removal thereof, Licensee shall be required to promptly
repair any damage or injury done to the Premises by
such removal and restore the Premises to as a good
condition as existed at the time Licensee took
possession of the Premises, reasonable wear and tear
excepted. Licensee shall indemnify City against any
mechanic's or materialman's lien or other lien arising
out of the making of any alteration, repair, addition, or
improvement by Licensee, and shall hold City harmless
from any such liens or claims, including reasonable
attorney fees and costs that may be incurred in
removing any such liens.
13. PROTECTION OF PREMISES/NO
WASTE. Licensee agrees to maintain the Premises in
as good condition as the same is in at the time Licensee
takes possession of the Premises, reasonable wear and
tear excepted.
14. ASSIGNMENT OR SUBLEASING.
Licensee shall not assign, mortgage, or encumber this
License, nor sublease or permit the Premises or any part
thereof to be used by others for any purpose, without
the prior written consent of City being first obtained in
each instance, which consent City may withhold in its
sole and absolute discretion; provided, however, that
regardless of any such assignment or sublease, Licensee
shall remain primarily liable for the performance of all
terms of this License required to be performed by
Licensee.
15. ENVIRONMENTAL. Licensee
covenants to comply with all laws relating to Hazardous
Materials (as defined below) with respect to the
Premises. Licensee shall not use, handle, store or
dispose of or permit the use, handling, storage or
disposal of, any Hazardous Materials in, on, under or
about the Premises. Licensee shall promptly take all
actions, at Licensee's sole cost and expense, as are
necessary to return the Premises to the condition
existing prior to the introduction of any Hazardous
Materials by Licensee or any person under Licensee's
control or any sublease of Licensee, provided City's
approval of such actions shall first be obtained.
Licensee shall be solely responsible for and shall
indemnify, protect, defend and hold City harmless from
and against any and all claims, judgments, suits, causes
of action, damages, penalties, fines, liabilities, losses
and expenses (including but not limited to investigation
and clean up costs, attorney's fees and expenses,
consultant's fees and court costs) which arise during or
after the term of this License as a result of the breach of
any of the obligations and covenants with respect to
Hazardous Materials and/or any contamination of the
Premises directly or indirectly arising from any
activities on the Premises during the term of this
License. For purposes of this License, the term
"Hazardous Materials" means asbestos, any petroleum
fuel or by-product, urea formaldehyde, and/or any
hazardous or toxic substance, material or waste which
is or becomes regulated by any local, state or federal
governmental authority, including but not limited to any
material or substance defined as a "hazardous waste",
"hazardous substance", "hazardous material", `toxic
pollutant", "pollutant" or "contaminant" under the
Comprehensive Environmental Response,
Compensation and Liability Act, 42 U.S.C. § 9601, et
seq. or the Hazardous Substance Emergency Response
Act, I.C. § 39-7101. The foregoing covenants and
indemnities shall survive the expiration or earlier
termination of this License.
16. CITY'S RIGHT OF ENTRY. City or
their agents shall have the right to enter the Premises at
any reasonable time upon notice to Licensee (except
that in case of an emergency City may enter the
Premises at any time and without notice to Licensee and
the same shall not be deemed a forcible entry) to
examine the same and determine the state of repair or
alteration which shall or may be necessary for the safety
or preservation of the Premises or to show the Premises
to any prospective lender, buyer or tenant.
17. HOLDING OVER. IfLicenceeholds
over and remains in possession of the Premises after the
expiration or termination of this License for any reason,
with City's acquiescence and without any written
agreement between the parties, Licensee shall be a
tenant at will and the tenancy shall be subject to all
provisions of this License, except that the term of such
holdover shall be at City's will and the rental amount
during such holdover shall be two hundred
dollars(S200) per month, for any whole or partial month
during such tenancy at will. City shall also be entitled
to recover from Licensee all damages that City shall
suffer by reason of Licensee holding over and
2 - License Ageement
remaining in possession of the Premises after the
expiration or termination of this License. Licensee
shall indemnify, defend and hold harmless City against
all claims made by any succeeding tenant against City
resulting from delays caused by Licensee in delivering
possession of the Premises to such succeeding tenant.
Nothing in this paragraph shall be construed as a
consent by City to the possession of the Premises by
Licensee after the expiration or termination of this
License for any reason.
18. LIENS. Licensee agrees not to
permit any lien for monies owing by Licensee to
become a lien against the Premises. In the event any
lien is created against the Premises on the account of
monies owing by Licensee, Licensee shall immediately
notify City and shall cause the reLicense or discharge of
such lien within thirty (30) days following discovery of
the same by Licensee. Should any such lien be filed
and not reLicensed or discharged or action not
commenced to declare the same invalid within thirty
(30) days after discovery of the same by Licensee, City
may at City's option (but without any obligation so to
do) pay and discharge such lien. Licensee shall repay
any sum so paid by City and such amounts due to City
shall be deemed additional rent.
19. LICENSEE AS INDEPENDENT
PARTY. Licensee's use of the Premises shall be as an
independent party and nothing herein shall be deemed
to create a partnership, joint venture, employment, or
master -servant relationship between the parties.
20. DEFAULT.
20.1 Time and prompt performance of
each and every tetut, covenant and condition of this
License is material and of the essence of this License.
Every term, covenant and condition is a material term,
covenant and condition of this License. Performance
means compliance that is full and to the letter of this
License. Substantial compliance will not be sufficient.
Performance by Licensee is a condition precedent to
performance by City.
20.2 The following or any of them
constitute an event of default of the terms of this
License:
(A) Failure by Licensee to perform any
provision of this License required of Licensee, if the
failure to perform the same is not cured within thirty
(30) days after written notice has been given to
Licensee;
(B) Abandonment of the Premises by
Licensee. For the purposes hereof, the failure to
occupy or use the Premises for thirty (30) consecutive
days shall be conclusively deemed an abandonment of
the Premises by Licensee;
(C) If Licensee shall file or have filed
against Licensee in any court pursuant to any statute,
either in the United States or of any other state, a
petition in banim ptcy or insolvency, or for
reorganizations, or for appointment of a receiver or
trustee of all or a substantial portion of the property
owned by Licensee, or if Licensee makes an assignment
for the benefit of creditors, or an execution or
attachment shall be issued against Licensee on all or a
substantial portion of Licensee's property, whereby all
or any portion of the Premises covered by this License
or any improvements thereon shall be taken or
occupied, or attempted to be taken or occupied by
someone other than Licensee, except as may herein be
otherwise expressly permitted, and such adjudication,
appointment, assignment, petition, execution or
attachment shall not be set aside, vacated, discharged or
bonded within thirty (30) days after the termination,
issuance, or filing of the same; or
(D) The taking by any person, except by
City or its agents or affiliates, of the License granted
hereby or any part thereof upon execution, or other
process of law or equity other than by assignment or
sublease as permitted herein.
20.3 Upon the occurrence of any event of
default, without further notice to Licensee, City shall be
entitled to effectuate such rights and remedies against
Licensee as are available to City under the terms of this
License and the laws of the State of Idaho, including,
without limitation, the following remedies:
(A) City shall have the immediate right,
but not the obligation, to terminate this License, and all
rights of Licensee hereunder by giving Licensee written
notice of City's election to terminate. No act by City
other than giving written notice to Licensee shall
terminate this License. In the event of such termination,
Licensee shall immediately surrender possession of the
Premises. Should City terminate this License, it may
recover from Licensee all damages City may incur by
reason of Licensee's breach, including but not limited to
the cost of recovering the Premises, reasonable attomey
fees, the "hold -over" rent as provided in paragraph
seventeen (17) and other amounts then due and payable,
and any other amounts required of Licensee hereunder,
together with legal interest thereon, all of which
amounts shall be immediately due and payable from
Licensee to City.
3 - License Agreement
(B) City shall also have the right, without
process of law, to enter the Premises and remove all
persons and property from the Premises without being
deemed guilty of or liable in trespass. No such action
by City shall be considered or construed to be a forcible
entry. No such reentry or taking possession of the
Premises by City shall be construed as an election on its
part to terminate this License unless a written notice of
such intention is given by City to Licensee.
(C) In addition to the other rights of City
herein provided, City may, at any time and from time to
time, without terminating this License, enforce all of its
rights and remedies under this License or allowed by
law or equity, including the right to recover all rent and
other amounts as they become due.
20.4 The remedies provided in this
License are cumulative in addition to any remedies now
or later allowed by law or equity. The exercise of any
remedy by City shall not be exclusive of the right to
effect any other remedy, allowed City under the terms
of this License, or now or later allowed by law or
equity.
20.5 Any delay by City in enforcing the
terms of this License or any considerations or
departures therefrom shall not operate to waive or be
deemed to be a waiver of any right to require
compliance that is full and to the letter of this License
or to thereafter require performance by Licensee in
strict accordance with the terms of this License. Any
acceptance of rent or other payments by City shall not
operate to waiver or be deemed to be a waiver of any
default existing at the time of such acceptance.
20.6 In the event that any remedy granted
to City under the terms of this License is held void or
unenforceable, City shall nevertheless have all of the
other remedies provided in this License that are not
contrary to law.
21. ATTORNEYS FEES. In the event
Licensee defaults in the performance of Licensee's
covenants and obligations hereunder, Licensee shall pay
to the City all costs and expenses, including but not
limited to reasonable attorneys fees, including such fees
on appeal, which the City may incur in enforcing this
License Agreement or in pursuing any remedy allowed
by law for breach thereof.
22. CITY'S RIGHT TO CURE
LICENSEE'S DEFAULTS. If Licensee shall default in
the performance of any covenant or condition in this
License required to be performed by Licensee, City
may, after ten (10) days notice to Licensee, or without
notice if in City's opinion an emergency exists, perform
such covenant or condition for the account and at the
expense of Licensee, in which event Licensee shall
reimburse City for all sums paid to effect such cure,
together with interest from the date of the expenditure
at the rate of eighteen percent (18%) per annum and
reasonable attorney fees. In order to collect such
amount City shall have all the remedies available under
this License for a default and the provisions of this
paragraph shall survive the termination of this License.
Nothing in this paragraph shall in any way require City
to perform or correct any such defaults on the part of
Licensee.
23. NOTICES. Service of any notice
permitted or required under the terms of this License
shall be deemed given when sent by United States
certified or registered mail with postage prepaid and
return receipt requested, addressed to Licensee at 5487
Scoresby Ave., Iona, Idaho, 83427, or addressed to City
at P.O. Box 487, Iona, Idaho, 83427, as the case may
be, or such other address as either party shall hereafter
in writing to the other designate, or when served
personally or by overnight delivery to Licensee or City
at such addresses, as the case may be. In the event
there be more than one person constituting City or
Licensee herein, service by mail or personal service as
provided above upon any one (1) person in such party
shall be good and sufficient service upon all persons
constituting such party the same as though such service
had been made upon each and every member of such
party. In the event Licensee or City elect to hire an
attomey to prepare any notice of default required by the
terms of this License, the other party shall pay, in
addition to any sums required to be paid to cure said
default, or in addition to any other performance
required by such party to cure such default, the costs of
preparation of said default notice, and said default shall
not be cured unless and until said costs are paid.
24. ENTIRE AGREEMENT. This
License contains the entire agreement between the
parties, and may not be modified or changed orally, but
only by an agreement in writing and signed by the party
against whom enforcement of any waiver, change,
modification, or discharge is sought.
25. SEVERANCE AND VALIDITY. In
the event any provision of this License or any part
thereof shall be determined by any court of competent
jurisdiction to be invalid, void, or otherwise
unenforceable, the remaining provisions hereunder or
parts thereof, shall remain in full force and effect, and
shall in no way be affected, impaired or invalidated
thereby, it being agreed that such remaining provisions
shall be construed in a manner most closely
4 - License Agreement
approximating the intention of the parties with respect
to the invalid, void or unenforceable provision or part
thereof.
26. BINDING ON SUCCESSORS.
Subject to any restrictions on assignment and
subleasing contained in this License, it is further
expressly agreed, that the provisions, stipulations,
terms, covenants, conditions and undertakings in this
License and any renewals thereof shall inure to the
benefit of and bind the heirs, executors, administrators
and assigns or successors in interest of both the City
and Licensee.
27. IDAHO LAW GOVERNS. This
License shall be govemed by and construed and
enforced in accordance with the laws of the State of
Idaho.
IN WITNESS WHEREOF, the parties have
executed this License to be effective as of the date first
written above.
CITY:
Brad Andersen
Mayor
LICENSEE:
Dee Johnson
Christine Johnson
5 - License Agreement
EXHIBIT A
THE PREMISES
A portion of the road right-of-way of 55'h East in the City of Iona, Bonneville County, Idaho described as follows:
Beginning at a point on the westerly right-of-way line of 55t6 East that is S.00° 14'20"E. 59.32 feet along said westerly
right-of-way line from the Northeast comer of Lot 14, Block 9, Ashwood Acres, Division No. 1, an addition to the City
of Iona, Bonneville County, Idaho recorded in the Bonneville County courthouse, Instrument No. 1003199 and also being
part of the Northeast Quarter of the Northeast Quarter (NE 1/4 NE 1/4) of Section 12, Township 2 North, Range 38 East
of the Boise Meridian, Bonneville County, Idaho and running thence N.85°52'20"E. 18.04 feet; thence S.00°14'20"E.
100.00 feet to the northerly right-of-way line of Scoresby Avenue extended; thence S.85°52'20"W. 36.73 feet along said
northerly right-of-way line extended to the southeast comer of Lot 14, Block 9, Ashwood Acres, Division No. 1, an
addition to the City of Iona, Bonneville County, Idaho; thence along the east of said Lot 14, Block 9 the following two
(2) courses: (1) N.42°49'00"E. 27.31 feet; thence N.00° 14'20"W. 81.31 feet to the point of beginning.
Parcel contains 1,974 square feet or 0.045 acres.
G:\WPDATA\DWS\2708 City oflooWmes\License Agrtmm"tvl.wpd:sm
6 - License Agreement
TAB
To: Iona City Council
From: Austin Catlin
Subject: Country Haven Park
Council members,
This letter is a supplement to the drawing that should accompany it in regards to the proposed
park in Country Haven on the corner of Ryanne Wy and Nelson Dr. The very rough design was
completed by me but as we get closer to working on it, will be reviewed by Jason of Rocky Mountain
Landscaping (RML) to make sure the elements of the park are being placed to minimize cost, minimize
maintenance and maximize the space. The design I am submitting was developed after speaking with
Jason on some key items to watch out for to minimize difficulty in watering, mowing, etc.
On the design sheet I have listed the elements that I would like to see at the park that I think will
have a high level of support from local parents and also have a high amount of use from the kids in the
area. I also suggest these elements based on the distance to other play areas and the location of the
park.
- Prep work/dirt work: This will cover prepping the ground for sod to make sure any debris
(rocks) is removed and the ground is leveled to minimize low spots prior to the sod being
installed. This will include a rough grade / cleanup project prep as well as the final grade /
grass prep. ($3000)
- Sprinkler system installation (provided there is a 1" or larger stubbed up water connection):
The design of the park will be such that obstacles are strategically placed to be able to utilize
rotor heads to cover more area vs a higher number of small spray heads. $4200
- Asphalt: This will include a %2 court basketball court and parking parallel to Ryanne for 5
vehicles. This parallel configuration was intended to make it easier to plow in the winter
and minimize traffic on Nelson at the entrance to the subdivision. $9500
Extra dirt for berms: The berms are intended to be similar to those at Pioneer Park but
more gradual for easier maintenance, and slow kids, balls, etc. down if they are headed
towards Nelson and create a shady area to for parents to sit on near the play area. Rockwell
Homes is willing to donate this extra dirt.
Play area: I based the items for this play area on what I have seen as popular items at other
parks and Iona Elementary and wanted to put more items vs less here so that the kids in the
area don't feel the need to walk down 50t" toward the railroad tracks to get to the school.
As this is becoming a busier road and doesn't have a lot of room for pedestrians, it seemed
prudent. I also anticipate, eventually, the field across 50t" from Country Haven will be
developed and in that case, would expect more use of this park and investing in it now may
save the need to do more with it down the road or make another small park. I would like to
include a small climbing structure with a slide or two, monkey bars, and a 4-bay swing set
along with a fill material (woodchips, etc.) and weed barrier and put in curbing around the
border to help keep everything in. This will probably be $11,000-12,000 based on the
"retail" numbers I've found for these items. I'm hoping to be able to reach out and find less
expensive alternatives or companies that would offer a discount to municipalities.
- In -ground basketball hoop: $600
- Sod: (Delivered only) $3500
The total comes out to a little under $32,000 and these numbers are all what I think will be "high end"
numbers and are based on very loose estimates from HK Contractors, Rocky Mountain Landscaping
(RML), and my searching for items on line. Jason at RML said he is willing to offer preferred pricing for
this project on any work his company were to do and he has been very helpful in letting me brainstorm
ideas with him. Both HK and RML will provide more precise estimates once it is determined that their
services may be used.
Once a budget is determined (final placement of the design elements will be reviewed by Jason
at RML and set), supplies are ordered and ready, and the work that needs to be contracted is
completed, my intent is to plan a day, likely a Saturday, and put letters out to the homes around where
the park will be. This will include all of Country Haven and some of the houses on 50th and maybe Free
Ave. The letter will briefly describe the project and ask for volunteers to help with installation of
playground equipment, sod and trees. My hope is that this will be sometime from mid -April to mid -
May. If this timeline can be met, and if the Council likes, I am willing to take the lead on this and help
coordinate everything. If it goes beyond this time frame, my ability to help will likely be reduced as fire
season approaches and much of the southwest is expected to have an early and active fire season which
would likely result in me being out of the area at times.
Please don't hesitate to get a hold of me if you have questions via email at austincatlin@gmail.com or by
calling me at 208-520-6795. Also, please note that the design sheet is really rough and not 100% to
scale. I have made every effort to be as realistic and accurate as possible, however, park design is
definitely not my day job.
I hope this was helpful and is somewhat in line with what the Council would like to see and look forward
to hearing from you.
Austin Catlin
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