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HomeMy WebLinkAbout1990 06-19,~~ / , • • A G E N D A MERIDIAN CITY COUNCIL JUNE 19, 1990 ITEM: MINUTES OF THE PREVIOUS MEETING HELD JUNE 5, 1990:(APPROVED) 1: PUBLIC HEARING: REQUEST BY TRUCK EQUIPMENT CORPORATION FOR VACATION OF 10' EASEMENT IN COMMERCE PARK SUBDIVISION: (APPROVED) 2: ORDINANCE # 535: ORDINANCE VACATING EASEMENT FOR ALBERSTON'S:(APPROVED) 3: APPROVE SUMMARY OF ORDINANCE #529,530,531 FOR PUBLICATION PURPOSES : (APPROVED) 4 : LEE FARRAND : ( NOT IN ATTENDANCE ) 5: DEPARTMENT REPORTS: • MERIDIAN CITY COUNCIL • JUNE 19,' 1990 The Regular meeting of the Meridian City Council was called to order by Council President Ron Tolsma at 7:30 p.m.: Members Present: Bob Giesler, Bert Myers, Max Yerrington: Absent: Mayor Kingsford: Others Present: Jim Johnson, Darwin Buchanan, Jerron Moore, Kevin Robertson, Wayne Crookston, Gary Smith, Moe Alidjani: The Motion was made by Myers and seconded by Yerrington to approve the Minutes of the previous meeting held June 5, 1990 as written: Motion Carried: All Yea: ITEM #1: PUBLIC HEARING: REQUEST BY TRUCK EQUIPMENT CORPORATION FOR VACATION OF 10' EASEMENT IN COMMERCE PARK SUBDIVISION: Tolsma: I will open the Public Hearing, is there anyone who wishes to testify. Being no response, the public hearing was closed. The Motion was made by Giesler and seconded by Myers to approve this request by Truck Equipment Corporation for vacation of 10' easement in Commerce Park Subdivision. Motion Carried: All Yea: The Motion was made by Gieller and seconded by Myers to have the attorney prepare an Ordinance. Motion Carried: All Yea: ITEM #2: ORDINANCE #535: ORDINANCE VACATING EASEMENT FOR ALBERTSON'S: Tolsma: AN ORDINANCE VACATING A PORTION OF COMMERCE PARK SUBDIVISION, OF RECORD IN ADA COUNTY, IDAHO, SPECIFICALLY A 10 FOOT WIDE UTILITY AND DRAINAGE EASEMENT LOCATED ON THE INSIDE OF THE EAST LOT LINE OF LOT 1, BLOCK 1, OF COMMERCE PARK SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN BOOK 45 OF PLATS AT PAGE 3721 AND 3722, RECORDED AS INSTRUMENT NUMBER 7903627, RECORDS OF ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone in the audience that wishes to have Ordinance #535 read in its entirety? There was no response. The Motion was made by Myers and seconded Yerrington that;~t~he~~rul~s and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance Number 535 be .passed and approved. Roll Call Vote: Giesler - Yea; Yerrington - Yea; Myers - Yea: Motion Carried: All Yea: ITEM #3: APPROVE SUMMARY OF ORDINANCE #529,530,531 FOR PUBLICATION PURPOSES: The Motion was made by Myers and seconded by Yerrington to approve of the summary's or Ordinances #529, 530, & 531. Motion Carried: All Yea: • • MERIDIAN CITY COUNCIL JUNE 19, 1990 PAGE #2 ITEM #4: LEE FARRAND: NOT IN ATTENDANCE: ITEM #5: DEPARTMENT REPORTS: City Eng. Smith: I have two items. The first is a request for approval for a subdivision plat that is outside the city limits, it lays within our area of impact, it's on the. south side of Victory Road between Eagle Road and Cloverdale. It's a five acre lot subdivision, there are seven lots. I have no problems with this. The Motion was made by .Myers and seconded by Giesler to authorize the signing of the plat on Bridlewood Subdivision. Motion Carried: All Yea: Crookston: We haven't officially amended our Comprehensive Plan ..with regard to five acre tracts, is-that going to fall under that. County has given prior approval. City Eng. Smith: The other thing I have is a request from a Robert K. Roberts to locate a mobile home 14x70' at 1845 W. Pine. This is on the south side of Pine and outside the. City limits, but the county is requiring them to connect to city sewer. They have to have approval from the City to connect to city sewer. The Motion was made by Myers and seconded by Yerrington to approve the placement of a mobile home at 1845 W. Pine with connection to the City sewer system. Motion Carried: All Yea: Sergeant Robertson: On behalf of the Police Department we would like to thank Moe Alidjani for the lockers for our locker room. Crookston: I wanted to announce that the 'City of Meridian has prevailed in the law suit filed by Albert & Flying H. Trailer. We still have our franchise rights with Intermountain Gas Company. Myers: QRU is having their Fun Run on July 7th. Clerk Niemann: Reminded about the LID Meeting this next Tuesday night at 7:30 p.m.: The Motion was .made by Myers and seconded by Yerrington to adjourn at 7:45 p.m.: (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ON TOLSMA, ACTING MAYOR ATTEST: CK NIEMANN CITY CLERK AN ORDINANCE VACATING A PORTION OF COMMERCE PARK SUBDIVISION, OF RECORD IN ADA COUNTY, IDAHO, SPECIFICALLY A 10 FOOT WIDE UTILITY AND DRAINAGE EASEMENT LOCATED ON THE INSIDE OF THE EAST LOT LINE OF LOT 4, BLOCK 1, OF COMMERCE PARK SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN BOOK 45 OF PLATS AT PAGE 3721 AND 3722, RECORDED AS INSTRUMENT NUMBER 7903627, RECORDS OF ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. 9~32«~ ORDINANCE NO.~ AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone888-4481 WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to vacate a portion of Commerce Park Subdivision, specifically the inside of the East lot line of Lot 4, Block 1 thereof. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1:: That pursuant to Section 50-1306A, specifically, and Title 50, Chapter 13, Idaho Code, generally, the City of Meridian, having held the required hearing and it appearing that proper notice of said hearing was given, hereby vacates the 10 foot wide utility and drainage easement located on the inside of the east lot 1 ine of Lot 4, Block 1, Commerce Park Subdivision, according to the official plat thereof filed in Book 45 of Plats at Page 3721 and 3722, records of Ada County, Idaho, recorded as Instrument Number 7903627, records of Ada County, Idaho. Section 2: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall take effect and be in force from and after its passage, approval and publication as required by law. City 1990. PASSED by the City Council and approve by the Mayor of the of Meridian, Ada County, Idaho, this/ ~~j_ day o '"~^„J~,, __, ATTEST: ~ 7 _. -GI~Pt_N-~ -R.--ICI-N-GS-~4R-Q,- -P4A-Y-0-R RONALD R. TOLSMA, PRESIDENT OF THE COUNCIL -~~ ~' STATE OF IDAHO,) ss. County of 'Ada, ) I, JACK NIEMANN, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE VACATING A PORTION OF COMMERCE PARK SUBDIVISION, OF RECORD IN ADA COUNTY, IDAHO, SPECIFICALLY A 10 FOOT WIDE UTILITY AND DRAINAGE EASEMENT LOCATED ON THE INSIDE OF THE EAST LOT LINE OF LOT 4, BLOCK 1, OF COMMERCE PARK SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN BOOK 45 OF PLATS AT PAGE 3721 AND 3722, RECORDED AS INSTRUMENT NUMBER 7903627, RECORDS OF ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE." passed as Ordinance No.~~, by the City Co ncil and Mayor of the City of Meridian, on the ~~_ day of~,~~,,._ _, 1990, as the same appears in my office. DATED this~~ day of June, 1990. CI LEA-K~-CITY OF MERID-IAN AD COUNT IDAHO AM BROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone 888.4481 STATE OF IDAHO, ) ------'~ ss. County of Ada, ) On this 19 day of June _ 1990, before me, the undersigned, a Notary Public in and for said State, personally appeared JACK NIEMANN, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,a~',aa u~~~r~,~~, SEAL `>~~~Tq~~ ~`~ ' ARY P LI R IDAHO ~ ~ RE IDING AT MERIDIAN, IDAHO +~ ~p~B~eG~~~e ~ ~~ ~'° commission expires 4/1/~?3 ~rrir~i~~~~~ ~ S:Pr,~ J~7 i'r~3t~8T9~~ V~~% ~~ ~y .,:_.____ ~bep~;~ty ~ ~ s • SUMMARY OF ORDINANCE 531 OF THE CITY OF MERIDIAN AN ORDINANCE OF THE CITY OF MERIDIAN ADOPTING A NEW CHAPTER 21, TO TITLE VIII, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN PROVIDING FOR THE LICENSING OF ESCORT AND ESCORT BUREAUS INCLUDING PROVISIONS FOR THE FOLLOWING: DEFINITIONS, LICENSE REQUIRED; FEE; EXCEPTIONS, APPLICATION REQUIREMENTS, QUALIFICATIONS FOR LICENSE - EMPLOYMENT, NOTIFICATION OF PERSONAL CHANGES, UNLAWFUL ACTS OF ESCORT BUREAU LICENSEE, APPOINTMENT BOOK AND NOTICE OF ESCORT AT OTHER LOCATION., LICENSE - SUSPENSION OR REUOCATION CONDITIONS, PENALTIES; AND PROVIDING AN EFFECTIVE DATE. A summary of the principal provisions of Ordinance 531 of the City of Meridian, adopted on June 5, 1990, is as follows: A: Section 1 provides for the adoption of a new Chapter 21 of Title VIII of the Revised and Compiled Ordinances of the City of Meridian relating to licensing escort services and escort bureaus and provides in general as follows: 1: Provides definitions for, among other things, escort and escort bureaus and licensing officer, who is the City Clerk. 2: Requires that a license be obtained to operate as an escort or operate an escort bureau, makes it unlawful to operate without a license, and provides for exceptions. AMBROSE, FITZGERALD 8 CROOKSTON Attorneys and Counselors P.O. Bax 427 Meridian, Idaho 83842 Telephone 888.4461 3: Provisions for application requirements which include fingerprinting, past addresses, previous employment, whether a license has been revoked in the past, conviction of past offenses, identification, list of employees, authorization for the City to conduct investigations, photograph, and in the case of a corporate application, a list of the owners of stock, officers and directors. PAGE 1 • • 4: Provisions for license fees in the sum of $175.00 for an escort bureau and $50.00 for an escort. 5: Provisions for qualification of a license, including not having been convicted within the last five years of felony, larceny, sexual misconduct, pandering prostitution, or a violation of this ordinance or other such similar ordinances, being 18 years of age or older, no misrepresentation in the application, and has not had a similar license revoked in the last 5 years. 6: Provisions for notification of employee changes. 7: Provisions stating unlawful acts which basically are the hiring of an employee under 18 or providing services to an individual under 18. 8: Provisions for mandatory keeping of an appointment book, and notification of having more than one business location and inspection of the appointment book. 9: Provisions for suspension or revocation of a license issued under the ordinance. 10: Provisions for penalties which are: Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding three hundred dollars ($300.00) or be imprisoned in the Ada County jail for not exceeding six (6) months or be both so fined and imprisoned. Each day such violation is committed, or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder. B. SECTION 2: Declares an emergency and provides an effective date. This summary was adopted and approved by resolution of the AMBROSE, FITZGERALD 8 CROOKSTON Attorneys and Counselors P.O. Box 427 Meridlen, Idaho 83642 Telephone888-4481 City Council of the City of Meridian at its regular meeting June 19, 1990. The full text of Ordinance 531 is available at City Hall, PAGE 2 ,~ • • 33 East Idaho, Meridian, Idaho, and will be provided to any person for inspection upon request during regular business hours. DATED this 19th day of June,/J1990. K N ~ Of~D, Y R~ TTEST ~~-~ /~n CERTIFICATE OF CITY ATTORNEY AMBROSE, F1T2GERALD BCROOKSTON Attorneys and Counaelora P.O. Box 427 Maridlan, Idaho 83842 Telephone 888.4461 I, WAYNE G. CROOKSTON, JR., the undersigned City Attorney for the City of Meridian, Idaho, hereby certify that I have read Ordinance 531 and the summary of Ordinance 531 filed with said ordinance, that said summary is true and accurate and provides adequate notice to the public of the contents and provisions of Ordinance No. 531. CIT ATTORNEY PAGE 3 • • SUMMARY OF ORDINANCE 530 OF THE CITY OF MERIDIAN AN ORDINANCE OF THE CITY OF MERIDIAN ADOPTING A NEW CHAPTER 20, TO TITLE VIII, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN PROVIDING FOR THE LICENSING OF MASSAGISTS AND MASSAGE ESTABLISHMENTS INCLUDING THE FOLLOWING: PROVISIONS FOR DEFINITIONS; LICENSEE REQUIREMENTS; EXEMPTIONS; LICENSING OFFICER; APPLICATIONS FOR EXEMPTION; APPLICATION FOR MASSAGE ESTABLISHMENT LICENSE; MASSAGIST LICENSE; SOLE PROPRIETORSHIP MASSAGISTS; GRANT, TERM AND FEE OF LICENSES; QUALIFICATIONS AND CONTINUATION OF QUALIFICATIONS; CHANGE OF ADDRESS, NAME AND OFFICERS, DIRECTORS, STOCKHOLDERS, PARTNERS AND EMPLOYEES OF LICENSEE; OPERATING AND SANITARY REQUIREMENTS; INSPECTIONS; ADMINISTRATION; UNLAWFUL ACTS; PENALTIES; AND PROVIDING AN EFFECTIVE DATE. A summary of the principal provisions of Ordinance 530 of the City of Meridian, adopted on June 5, 1990, is as follows: A: Section 1 provides for the adoption of a new Chapter 20 of Title VIII of the Revised and Compiled Ordinances of the City of Meridian relating to licensing massagists and massage establishments and provides in general as follows: 1: Provides definitions for, among other things, massage, massage establishments, massagists, and a licensing officer, who is the City Clerk. 2: Requires that a license be obtained to operate a massage establishment, makes it unlawful to operate without a license, and provides for exemptions. 3: Provisions for the actions of the licensing officer. AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldisn, Idaho 83842 Telephone BBB-4481 4: Provisions for application for a massage establishment license and provides for exemptions. PAGE 1 ,« • 5: Provisions for application for a massagist license and provides for exemptions. 6: Provisions for a license for a sole proprietorship massagist. 7: Provisions for investigation of applicant and the location where the applicant intends to operate. 8: Provisions for the grant,. term and fee of licenses which fee for a massage establishment is $100.00, and for a massagist is $50.00; there is also a fee of $25.00 to be paid to the Central District Health Department for a health inspection; a fee for an exemption certificate is set at $10.00. 9: Provisions for qualification for license and continuing to qualify for such license some of which are being 18 years of age or older, not having been convicted of a felony or non-traffic misdemeanor, not having falsified the application, not having had a prior license revoked within 5 years of the present application, and that qualifications must be met continually during the term of the requested license. 10: Provisions regarding change of address, officers, partners, and owners. 11: Provisions relating to operating the business and meeting sanitary requirements, including those regarding the physical facility, cleaning and maintenance, operators and personnel. 12: Provisions-for inspections by the police, building and fire departments and the Central District Health Department. 13: Provisions for administration of the Ordinance by the licensing officer. 14: Provision for unlawful acts and penalties which are as follows: UNLAWFUL ACTS: It shall be unlawful for any person: A. To permit any person under the age of eighteen (18) years to come or remain on the premises of any massage establishment as a massagist, employee or patron. AMBROSE, FITZGERALD 8 CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888.4481 B. To sell, give, dispense, provide or keep, or cause or permit to be sold, given, dispensed, PAGE 2 • . provided or kept, any alcoholic beverage or liquor on the immediate premises of any massage establishment. C. To employ any person as a massagist unless such person has obtained and has in effect a license issued pursuant to this Chapter. D. Owning, renting, leasing, operating, or managing a massage establishment, and knowingly to cause, allow or permit in or about such massage establishment, any agent,. lessee, employee, or any other person under his control or supervision to perform such acts as may be prohibited by law. PENALTIES: Any person violating any of the provision o this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding three hundred dollars, ($300.00) or be imprisoned in the Ada County jail for not exceeding six (6) months or be both so fined and imprisoned. Each day such violation is committed, or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder. B. SECTION 2: Declares an emergency and provides an effective date. This summary was adopted and approved by resolution of the City Council of the City of Meridian at its regular meeting June 19, 1990. The full text of Ordinance 530 is available at City Hall, AMBROSE, FIT2GERALD BCROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888.4481 33 East Idaho, Meridian, Idaho, and will be provided to any person for inspection upon request during regular business hours. PAGE 3 • • DATED this 19th day of June, 1990. ' ~( ~1 , ~ ,~~~~, R'NT P. KINGSFORD, MAYOR ATTEST CERTIFICATE OF CITY ATTORNEY AMBROSE, FITZGERAID &CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone 888.4461 I, WAYNE G. CROOKSTON, JR., the undersigned City Attorney for the City of Meridian, Idaho, hereby certify that I have. read Ordinance 530 and the summary of Ordinance 530 filed with said ordinance, that said summary is true and accurate and provides adequate notice to the public of the contents and provisions of Ordinance No. 530. WA N CR OK N, R. CITY ATTORNEY PAGE 4 '~. • • SUMMARY OF ORDINANCE 529 OF THE CITY OF MERIDIAN AN ORDINANCE OF THE CITY OF MERIDIAN ADOPTING A NEW CHAPTER 22 TO TITLE VIII, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN PROVIDING FOR THE LICENSING OF PRIVATE SECURITY SERVICE INCLUDING PROVISIONS FOR THE FOLLOWING: DEFINITIONS, LICENSES REQUIRED AND EXEMPTIONS, UNIFORMS AND EMBLEMS, APPLICATION FOR LICENSE, QUALIFICATIONS, INVESTIGATION, STANDARDS, BOND AND .INSURANCE REQUIRED, LICENSE FEES, LICENSE; EXPIRATION, LICENSE; FORM, UNLAWFUL DISPLAY OF LICENSE, LICENSES; AUTHORITY, AND PENALTIES; AND PROVIDING AN EFFECTIVE DATE. A summary of the principal provisions of Ordinance 529 of the City of Meridian, adopted on June 5, 1990, is as follows: A: Section 1 provides for the adoption of a new Chapter 22 of Title VIII of the Revised and Compiled Ordinances of the City of Meridian relating to licensing private security and patrol services and provides in general as follows: 1: Provides definitions for, among other things, private or patrol services or systems and agents and a licensing officer, who is the City Clerk. 2: Requires that a license be obtained to operate a private patrol or security system, makes it unlawful to operate .without a license, and provides for exemptions. 3: Provisions for the use of uniforms and emblems. AMBROSE, FITZGEFiALD 8 CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone 888.4461 4: Provisions for application for licenses, fees for licenses in the sum of $100.00 for private patrol services and security services, and $25.00 for private patrol agents, the qualifications and standards for issuance of a license. 1 • • 5: Provisions for investigation of the applicant. 6: Provisions for requirement of bond in the sum of $10,000.00 for private patrol or security services and $2,500.00 for a private patrol agent. 7. Provision for issuance of a license, for a form of license, and the expiration thereof. 8. Provision making it unlawful to operate a private patrol or private security service or as an agent thereof without a license and unlawful to wear or display any license required by the ordinance unless so licensed. 9. Provision that by issuance of a license such does not grant any additional powers regarding arrest or the carrying of weapons than that granted by the general laws of the state. 10. Provides the following penalties: Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding three hundred dollars ($300.00) or be imprisoned in the Ada County jail for not exceeding six (6) months or be both so fined and imprisoned. Each day such violation is committed, or permitted to continue, shall-constitute a separate offense and shall be punishable as such hereunder. 6. SECTION 2: Declares an emergency and provides an effective date. This summary was adopted and approved by resolution of the City Council of the City of Meridian at its regular meeting June 19, 1990. The full text of Ordinance 529 is available at City Hall, AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridlen, Idaho 83842 Telephone 8884461 33 East Idaho, Meridian, Idaho, and will be provided to any person for inspection upon request during regular business 2 • • hours. DATED this 19th day of June, 1990. ~~ ~ AN P. KINGS OR YOR ATTEST AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldien, Idaho 83842 Telephone 888.4481 -----~~' CERTIFICATE OF CITY ATTORNEY I, WAYNE G. CROOKSTON, JR., the undersigned City Attorney for the City of Meridian, Idaho, hereby certify that I have read Ordinance 529 and the summary of Ordinance 529 filed with said ordinance, that said summary is true and accurate and provides adequate notice to the public of the contents and provisions of Ordinance No. 529. ~. K CITY ATTORNEY