Loading...
HomeMy WebLinkAbout1990 06-05 • A G E N D A MERIDIAN CITY COUNCIL JUNE 5, 1990 ITEM: MINUTES OF THE PREVIOUS MEETING HELD MAY 15, 1990 (APPROVED) 1: REZONE REQUEST BY BOESIGER, INO.: TABLED AT LAST MEETING: (TABLED) 2: PRELIMINARY PLAT ON MALLARDS LANDING: TABLED AT LAST MEETING: (APPROVED) 3: ORDINANCE #533: REZONE OF SHARON OLSEN PROPERTY: (APPROVED) 4: ORDINANCE #534: REZONE PROPERTY FOR CAPITAL DEVELOPMENT, DUNTEN SUBDIVISION: (APPROVED) 5: APPROVE PRELIMINARY PLAT ON DUNTEN SUBDIVISION, IF ORDINANCE APPROVE: (APPROVED) 6: PUBLIC HEARING: REQUEST FOR VACATION OF EASEMENT BY ALBERTSON'S, INC.: (APPROVED) 7: PRE-TERMINATION HEARING: WATER/SEWER/TRASH DELINQUENCIES: (APPROVED) 8: APPROVE THE BILLS: (APPROVED) 9. PUBLIC HEA]~ING: AMENDMENT TO 1989-1990 FISCAL YEAR BUDGET: (APPROVED) 10. ORDINANCE #532: ORDINANCE AMENDING THE 1989-7.990 ANNUAL APPROPRIATION ORDINANCE: (APPROVED 11. BID ON SEWER LINE EXTENSION ON TEN MILE ROAD PROJECT: 12: APPLICATION FOR BEER & WINE LICENSE FOR PAYLESS DRUG STORES: (~,pPROVED) 13: REQUEST FOR EXTENSION OF TIME BY SUSAN QUARNSTROM: (GRANTED 6 MON.) 14: ORDZN~SNCE #529: ORDINANCE REQUIRING LICENSING OF PRIVATE SECURITY SERVICE: (APPROVED) 15: ORDINANCE #530: SDI=NANCE PROVIDING FOR THE LICENSING''OF MASSAGISTS & MASSAGE ESTABLISHMENTS:(APPROVED) 16: ORDINANCE #531: ORDINANCE PROVIDING FOR LICENSING OF ESCORTS & ESCORT BUREAUB:(APPROVED) 17: OTHER'S INC.: MR. CLARK CLOUGH: 18: TRANSFER BEER/WINE LICENSE FROM THE MAIN EVENT TO ROCK CHUCK'S BAR & GRILL: (APPROVED) 19: DEPARTMENT REPORTS: • MERIDIAN CITY COUNCIL JUNE 5, 1990 The regular Meeting of the Meridian City Council was called to order by Mayor Grant Kingsford at 7:30 P.M.: Members Present: Ron Tolsma, Bert Myers, Bob Giesler, Max Yerrington: Others Present: Clark Clough, Roy B. Johnson, D'Arlene Stutzman, Paul Stutzman, William Crowe, Kevin Robertson, Jim Johnson, Gary Fors, Terry Smith, Jim Titmus, Gary Smith, Dave Turnball, Jack Smith, Moe Alidjani, Candy Tipton. Wayne Crookston: MINUTES OF THE PREVIOUS MEETING HELD MAY 15, 1990: The Motion was made by Giesler and seconded by Tolsma to approve the Minutes as written: Motion Carried: All Yea: Kingsford: Read a Proclamation declaring June 23, 1990 as Paint the Town Day. ITEM #1: REZONE REQUEST BY BOESIGER, INC.: TABLED AT LAST MEETING: Kingsford: We received a letter requesting that this be continued pending Planning and Zoning's amending the Comprehensive Plan, I have talked with Crookston and I understand that those Findings of Fact and Conclusions of Law are being prepared on that subject and that we don't have a definite time frame that that will hit the City Council although I anticipate that they will look at those Findings at next week's meeting, then being forwarded to us for the first meeting in July or later. The Motion was made by Tolsma and seconded by Yerrington to table this rezone request by Boesiger until the next meeting. Motion Carried: All Yea: ITEM #2: PRELIMINARY PLAT ON MALLARDS LANDING: TABLED AT LAST MEETING: Tolsma: The problem that we had with that was on the Waltman Lane Extension? Eng. Smith: I have since reveiwed our existing water system in that area and I think we don't have a problem serviceing the 89 lots that are being proposed on this preliminary plat with our existing system. I intend in the near future working out some kind of an agreement with a consulting engineering firm to investigate the capacity of our overall water system in the City of Meridian. The Motion was made by Tolsma and seconded by Myers to approve the Preliminary Plat on Mallards Landing: Motion Carried: All Yea: ITEM #3: ORDINANCE #533: REZONE OF SHARON OLSEN PROPERTY: Kingsford: Read - AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A TRACT OF LAND WHICH IS PART OF LOT 1 IN BLOCK 6 OF WELKER SUBDIVISION, MERIDIAN, IDAHO AND A PART OF THE NORTHWEST 1/4 OF THE NORWEST 1/4 OF SECTION 12, ALL IN SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. MERIDIAN CITY COUNCIL JUNE 5, 1990 PAGE 2 Kingsford: Is there anyone that would like Ordinance #533 read in its entirety? There was no response. The Motion was made by Giesler and seconded by Myers that the rules 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 533 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea: Motion Carried: All Yea: ITEM #4: ORDINANCE #534: REZONE PROPERTY FOR CAPITAL DEVELOPMENT, DUNTEN SUBDIVISION: Kingsford: Read - AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PORTION OF SECTION 1, T. 3N., R. 1 W., BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Kingsford: Is there anyone from the public who would like Ordinance #534 read in its entirety? There was no response. The Motion was made by Myers and seconded by Tolsma that the rules 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 534 be passed and approved. Roll Call Voter Yerrington - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea; Motion Carried: All Yea: ITEM #5: APPROVE PRELIMINARY PLAT ON DUNTEN SUBDIVISON, IF ORDINANCE APPROVE: The Motion was made by Tolsma and seconded by Myers to approve the preliminary plat on Dunten Subdivision. Motion Carried: All Yea: ITEM #6: PUBLIC HEARING: REQUEST FOR VACATION OF EASEMENT BY ALBERTSON'S, INC.: Kingsford: I will open the Public Hearing, is there anyone present who would like to offer testimony on this issue? Myers: Could you explain for the public what this request is. Kingsford: In Commerce Industrial Park which is just outside the City limits just on the east side of Eagle Road. Albertson's Sundry's has been operating .there and they want to expand on those lots the interior lot lines have a recorded 10' easement, Albertson's wishes to expand their operation occupy another lot and vacate the easement along that interior boundary. The Motion: was made by Myers to `approve this request, -- Kingsford: We need to back up, I don't believe that I closed the Public Hearing, so I will do so now. - First Motion was withdrawn..- The Motion was made by :Myers and seconded by`Tolsma to approve this request for vacation of easement by Albertson's Inc.. i MERIDIAN CITY COUNCIL JUNE 5, 1990 PAGE 3 Motion Carried: All Yea: • ITEM #7: PRE-TERMINATION HEARING: WATER/SEWER/TRASH DELINQUENCIES: Kingsford: This is to inform you in writing if you choose to you have a right to a pre-termination hearing at 7:30 p.m., June 5, 1990, before the Mayor and City Council to appear in person to be judged on the facts and defend the claim made by the City that your water/sewer/trash bill is delinquent, you may retain counsel. This service will be discontinued on June 13th unless payment is received in full. Is there anyone from the public who would like to contest their water/sewer/trash delinquency? There was no response. _ The„Motion Baas made by Myers an~~sQCOnded by Yerrington to approve of the turn off list. Motion Carried: All Yea: Kingsford: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho Code. Even though they appeal, the water will be shut off. The amount of the turn off list is $4,429.10. ITEM #8: APPROVE THE BILLS: The Motion was made by Myers and seconded by Tolsma to approve the bills. Motion Carried: All Yea: ITEM #9: PUBLIC HEARING: AMENDMENT TO 1989-1990 FISCAL YEAR BUDGET: Kingsford: Before I open the public hearing I will give a brief explanation. We have had an opportunity in three different areas to do work. We are asking to put more money in the budget to complete three things. One is the main ~aproject, we hope to do an LID, secondly is to avail ourself the opportunity to have private enterprise help with the line that goes across Ten Mile Creek, third is for a line extension on Ten Mile Road south of Cherry Lane. For those three reasons we are proposing to amend the budget. At this time I will open the Public Hearing. There was no response. I will close the Public Hearing. The Motion was made by Myers and seconded by Tolsma to approve of the Amended budget. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea: Motion Carried: All Yea: Kingsford: Explained the additional monies. We also did receive~a drug grant for a drug enforcement officer, so you will need to withdraw your motion. Myers: I withdraw my motion, and second was withdrawn. The Motion was made by Myers and seconded, by Tolsma to approve of the Amended budget. All Yea: ITEM#10: ORDINANCE #532: ORDINANCE AMENDING THE 1989-1990 ANNUAL APPROPRIATION ORDINANCE The Motion was made by Myers and seconded by Tolsma that the rules 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 532 be passed and approved. MERIDIAN CITY COUNCIL JUNE 5, 1990 PAGE #4 • Roll Ca]:1 Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea; Motion Carried: All Yea: ITEM #11: BID ON SEWER LINE EXTENSION ON TEN MILE ROAD PROJECT: Eng. Smith: Gave Council a bid abstract. The low bidder for the Ten Mile Sewer Line Extension project was Schmidt Construction with a total bid of $81,897.00, I have reviewed the bid and everything checked, so it is my recommendation to award the bid to Schmidt Construction. The Motion was made by Myers and seconded by Yerrington to approve of the bid for Schmidt Construction to do the Ten Mile Project. Motion Carried: All Yea: The Motion was made by Myers and seconded by Tolsma to authorize the Mayor and City Clerk to sign the Notice to Proceed. Motion Carried: All Yea: ITEM ~~12: APPLICATION FOR BEER & WINE LICENSE FOR PAYLESS DRUG STORES: The Motion was made by Myers and seconded by Yerrington to approve the Beer & Wine License for Payless Drug Store: Motion Carried: All Yea: ITEM ~~13: REQUEST FOR EXTENSION OF TIME BY SUSAN QUARNSTROM: Kingsford: This was originally granted November 1988 and her time has expired. Is there any comment or discussion on this. Tolsma: It's on the other people's property, I think it should definitely be moved off. The Motion was made by Tolsma and seconded by Yerrington to have her move the trailer off the other peoples property immediately and be granted not longer than six months extension. Motion Carried: 3 - Yea - 1 - Nay. ITEM ~~14: ORDINANCE ~~529: ORDINANCE REQUIRING LICENSING OF PRIVATE SECURITY SERVICE: Kingsford: Read - 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.. Is there anyone from the Public who would like Ordinance 4529 read in its entirety. There was no response. The Motion was made by Giesler and seconded by Myers that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three MERIDIAN CITY COUNCIL JUNE 5, 1990 PAGE 4~5 • different days be dispensed with and that Ordinance Number 529 be passed and approved. Roll-Call Vote: Yerrington - Yea; Giesler - Yea; Myers- Yea; Tolsma - Yea: Motion Carried: All Yea: ITEM 415: ORDINANCE ~1f530: ORDINANCE PROVIDING FOR THE LICENSING OF MASSAGISTS & MASSAGE ESTABLISHMENTS: Kingsford: Read - AN ORDINANCE OF THE CITY OF MERIDIAN ADOPTING A NEW CHAPTER 20, TO TITLE VIII, OF THE REVISED AND COMPILED ORDINANCE 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 LICENSE; QUALIFICATIONS AND CONTINUATION OF QUALIFICATIONS; CHANGE OF ADDRESS, NAME AND OFFICERS, DIRECTORS, STOCKHOLDERS, PARTNERS AND EMPLOYEE OF LICENSEE; OPERATING AND SANITARY REQUIREMENTS INSPECTIONS; ADMINISTRATION; UNLAWFUL ACTS; PENALTIES; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public who would like Ordinance ~~530 read in its entirety. There was no response. The Motion was made by Myers and seconded by Tolsma that the rules 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 530 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea: Motion Carried: All Yea: ITEM ~~16: ORDINANCE 4531: ORDINANCE PROVIDING FOR LICENSING OF ESCORTS & ESCORT BUREAUS: Kingsford: Read - 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, NOTOFICATION OF PERSONAL CHANGES, UNLAWFUL ACTS OF ESCORT BUREA LICENSE, APPOINTMENT BOOK AND NOTICE OF ESCORT AT OTHER LOCATION, LICENSE _ SUSPENSION OR REVOCATION CONDITIONS, PENALTIES; AND PROVIDING AN EFFECTIVE. DATE. Is there anyone from the public who would like Ordinance #531 read in its entirety. There was no response. The Motion was made by Tolsma and seconded by Yerrington that the rules 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 531 be passed, and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea; Motion Carried: All Yea: ITEM #17: OTHER'S INC.: CLARK CLOUGH: Clough: I am here representing Others Inc. I have been operating now since February 11, 67, presently I am serving 40 towns and cities. I have approximately 200 of these • MERIDIAN CITY COUNCIL JUNE 5, 1990 PAGE #6 literature cabinets out. I would like to put one in the Licensing Department, I would reduce it $100.00 if you would agree to put one in there also- the normal cost is $400.00 Yerrington: How often do you service these? Clough: About every two weeks. Crookston: Is there any religious material in those cabinets? Clough: You are welcome to look it over, if there is anything you don't .like I will pull it from the shelf. Crookston: I have some real concerns about the City funding and then if it had some wrong materials in it. Clough: Canyon County has never had any complaints about the cabinets. The cabinet that is in your front now is sponsored by West One. Kingsford: The only county that helps. is Canyon County. The other cabinets are sponsored by clubs is that correct? Clough: Yes. These have drug information and family materials. If I could get somebody to sponsor it I would. Myers: I would be willing to try to help get a sponsor, I have a little problem with the City spending the money on it. Kingsford: I think it is good material. I do have a problem with the city paying for this with taxpayers money. I would be willing to help Bert try to find a sponsor for the cabinet. Clough: I haven't had a complaint in twenty years. I don't know where the Council could spend money in a wiser way. Giesler:Does the agreement with West One say that the one that is in front has to be in front. Clough: I would like to have two cabinets. Terry Smith, West One Bank, we don't care where the cabinet is located in City Hall. Tolsma: I suggest we give Bert a chance to check with some service clubs. Clough: You are welcome to come and see my inventory. Kingsford: Thank you for coming. ITEM #18: TRANSFER BEER/WINE LICENSE FROM THE MAIN EVENT TO ROCK CHUCK'S BAR & GRILL: The Motion was made by Giesler and seconded by Tolsma to approve of the transfer of the Beer/Wine License. Motion Carried: All Yea: ITEM #19: DEPARTMENT REPORTS: MERIDIAN CITY COUNCIL JUNE 5, 1990 PAGE #7 C~ Kingsford: I did receive a letter from D'Arlene with regard to a Board of Appeals. fnihich issue are we speaking to? If you want to meet with the Board of Appeals that is what we will do. Stutzman: What are you referring to? Kingsford: To my knowledge we have two issues dealing with D' R.:Lynn Homes at this home. One is an occupancy permit and the second is a short time ago you asked Daunt and Dennis Davis to come out for a final. Stutzman: No, I did'nt ask, definitely not. Kingsford: I thought we received a request, in fact I saw the letter that you requested and a then asked for Dennis to be there. Stutzman: Not from me. Kingsford: So you talking about just the temporary occupancy permit, is that the issue that your dealing with here. Whatever your desire is, you asked for a review by the Board of Appeals, we'll do that if that is your desire. Stutzman: Yes, that's correct. Kingsford: The building code specifies that it can't be people related to jurisdiction either in capacity of elected or appointed and they need to be knowledgable in the building trade. I would suggest John Ewing, Bud Gingrich, Ted Hepper, Rex Harrison, Walt Morrow, Rob Prindle, Guy Walker, Twayne Walker. If the council has others to add to the list we should do so, we should have at least three. The code does not specify how many you have to have. Yerrington: We should have three and an alternative. Myers: We've never had a board like this before. Kingsford: No, we've never had a request. Stutzman: That's not true. Kingsford: The request for it before was an issue that didn't come into play it was the building department with the City. The code deals with bulding inspector vs. a builder. Giesler: I would recommend that Walt Morrow does not participate on that being that he was on the Council. Yerrington: I would have three with an alternate. Kingsford: Okay, that's what we will shoot for. As soon as I can get this group into place we will proceed. The Motion was made by Myers and seconded by Yerrington that the Council approve of finding three of the list for the Board of Appeals. Motion Carried: All Yea: • MERIDIAN CITY COUNCIL JUNE 5, 1990 PAGE #8 • Eng. Smith: I have three items. The first is on Well No. #12, we need to officially award that bid to the second low bidder who was Wayne Stevens & Sons Inc., the bid amount was $69,880.00. He has accepted the Notice of Award and returned it all back to me, also the insurance payment & performance Bond and I've given those all to Wayne. The Motion was made by Myers and seconded by Yerrington to approve of Stevens & Son's Inc.,for Well No. 12. Motion Carried: All Yea: The Motion was made by Myers and seconded by Yerrington to authorize the Mayor and City Clerk to sign documents on Well No. 12. Motion Carried: All Yea: Smith: A1soI have a letter of request from Ray & Ginger Hawks who live at 270 N. Linder Road, Meridian, who are requesting to connect to the-.City sewer system. The Motion was made by Myers and seconded by Tolsma to approve of the Hawk's hooking onto sewer services with double hookup fee and provision that they pay the average sewer rate. Motion Carried: All Yea: Eng. Smith: The last item is an update on the Ten Mile Creek extension. Gave brief explanation on this project. Kingsford: I would like to remind all departments that they need to be working on their budgets. Kingsford: We have to approve of Resolution No. 133. Read - A RESOLUTION OF INTENTION OF THE CITY OF MERIDIAN, IDAHO TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 90-1 - EAST FIRST STREET IMPROVEMENT PROJECT; DESCRIBING THE BOUNDARIES OF THE IMPOSED DISTRICT AND THE PROPERTY PROPOSED Ta BE ASSESSED; GENERALLY DESCRIBING THE IMPROVEMENTS PROPOSED TO BE CONSTRUCTED; GENERALLY DESCRIBING THE PORTION OF THE TOTAL COST WHICH WILL BE PAID BY THE LEVY OF ASSESSMENTS AND THAT WHICH WILL BE PAID FOR BY OTHER SOURCES; DESCRIBING THE METHOD OF ASSESSMENT; STATING THE TIME AND PLACE WHEN AND WHERE PROTESTS MAY BE FILED AND WHEN AND WHERE A PUBLIC HEARING WILL BE HELD TO CONSIDER ANY SUCH PROTESTS; PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS RESOLUTION: The Motion was made by Myers and seconded by Tolsma to approve of Resolution #133. Motion Carried: All Yea: The Motion was made by Tolsma and seconded by Myers to approve of having a special LID meeting on June 26, 1990 at 7:30 p.m.: Motion Carried: All Yea: MERIDIAN CITY COUNCIL JUNE 5, 1990 PAGE #9 • Giesler: Gary how are we coming with ..the water problem in Settler's. Smith: Gave brief explanation of progress being made on this problem. Kingsford: I have some real concerns, this thing has gone on for over a year, we need to move right along on this. Myers: I wanted to say thanks to the. Police Department for their help at the school fire with the traffic control, especially Richard Donahue. Sometime back we received a tort claim, whatever happened with that. Crookston: It was forwarded to our Insurance Carriers. Being No further business the Motion was made by Yerrington and seconded by Myers to adjourn at 8:45 p.m.: Meeting Adjourned. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: Z~~~ MAYOR GRANT P. KINGSFORD ATTEST: JAC1K'I~S~IANN, iCITY Mayor & Council, P & Z Members, Atty, Bldg., Eng., Fire, Ward, Stuart, Valley News, Statesman, Hallett, ACHD, CDH, NMID, Settlers MAIL (6) FILE (6) ._ ~ • ORDINANCE N0. rr3~ AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PORTION OF SECTION 1, T. 3N., R. 1 W., BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. 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 amend and change the zoning from (R-4) Residential District to (R-8) Residential District for the land described in Section 1 of this Ordinance. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property, which is described as follows: A PORTION OF SECTION 1, T. 3 N., R. 1 W., BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SECTION 1, T. 3 N., R. 1 W., BOISE MERIDIAN, THENCE N. 89°41'50" E. 800.00 FEET, THENCE N. 0°28'11" W. 33.00 FEET TO THE POINT OF BEGINNING, THENCE AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83842 TeleDhone888.4481 N. 00°28'11" W. 774.51 FEET, THENCE S. 89°46'30" E. 72.43 FEET, THENCE N. 4°42' 26" W. 74.95 FEET, THENCE N. 3°17'00" E. 146.96 FEET, THENCE N. 22°41'39" W. 325.64 FEET, THENCE N. 89°30'25" E. 567.89 FEET, THENCE S. 00°41'24" E. 925.43 FEET, THENCE S. 89°41'50" W. 264.79 FEET, THENCE S. 0°28'10" E. 367.54 FEET, THENCE ON A CURVE TO THE LEFT WHOSE CENTRAL ANGLE IS 0°27'44" WHOSE RAIDUS IS 17228.74 WHOSE LENGTH IS 139.02 FEET • ti AND WHOSE LONG CHORD IS 139.02 FEET, THENCE S. 88°20'56" W. 20.43 FEET, THENCE ON A CURVE TO THE RIGHT WHOSE CENTRAL ANGLE IS 0° 20'10" WHOSE RADIUS IS 17148.74 WHOSE. LENGTH IS 100.59 FEET AND WHOSE LONG CHORD IS 100.59 FEET TO THE POINT OF BEGINNING. be, and the same is hereby rezoned from (R-4) RESIDENTIAL DISTRICT to (R-8) RESIDENTIAL DISTRICT, and Section 11-2-425, Official Zoning Maps are hereby amended to reflect the same. Section 2. That even though the zoning of the above described land is R-8 there shall only be allowed single family dwellings to be constructed on the property. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved b.y the Mayor of the ~~ City of Meridian, Ada County, Idaho, this ~ day of ~ , 1990. APPROVED: AYOR -- GRANT P KI GS RD AMBROSE, FITZGERALD & CROOKSTON Attorneys end Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone 888.4481 ATTEST: ~. ~ . ,.~. I" (~ /~ ill . FAT ~ Q ~riQ C~?sf.'~ .. itiakq /~ ~- ei.:.... ,~ ~ rs ~.^ _.~L~ ~~ .~ • 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 AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PORTION OF .SECTION 1, T. 3N., R. 1 W., BOISE MERIDIAN, ADA COUNTY, IDAHO; ANA ~~PROVIDING AN EFFECTIVE DATE", passed as Ordinance No. ~ by the City Council nd Mayor of the City of Meridian, on the day of (~' ,« ~ ~ , 1990, as the same appears in my o ice. DATED th i s ~ day of\ ~y ~L 1990. AMBROSE, FITZGERALD SCROOKSTON Attorneys and Counselors P.O. Box 427 Meridlen, Idaho 83842 Telephone 888.4481 STATE OF IDAHO,) ss. County of Ada, ) ~_ i y o eri i an Ada County, aho On this __~~_ day of ~~° 1990, before me, the undersign, a Notary Public in an~c 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. ., .• •• .• ~ ~ '• (SEAL) _ ~,y'~~~SA~y~ , :~c~ g~= ' ~'° V E3 `eG °~ Y ;. ' , ~ ~ ~~ ~ ~~/ °i [~1J~ °~ ~~~~eareer°°°°° dry Nutiiic for iaano iding,at Meridian, Idaho or~miss~on expir,~as ~./' ~/~?~ t -• • ORDINANCE N0. ~ "''j AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A TRACT OF LAND WHICH IS PART OF LOT 1 IN BLOCK 6 OF WELKER SUBDIVISION, MERIDIAN, IDAHO AND A PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 12, ALL IN SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Counci 1 and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to amend and change the zoning from (R-4) Residential District to (R-15) Residential District for the land described in Section 1 of this Ordinance. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property, which is described as follows: A TRACT OF LAND WHICH IS PART OF LOT 1 IN BLOCK 6 OF WELKER SUBDIVISION, MERIDIAN, IDAHO AND A PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 12, ALL IN SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST- OF THE BOISE MERIDIAN,. ADA COUNTY, IDAHO; MORE PARTICULAR DESCRIBED TO WIT: BEGINNING AT A POINT S. 0°15 3/4' W., 756.25', FROM THE NORTH 1/4 SECTION CORNER OF SECTION 12, POINT BEING THE NW CORNER OF LOT 1 IN BLOCK 6 OF WELKER SUBDIVISION, MERIDIAN, IDAHO; AMBROSE, FITZGERALD & CROOKSTON Attorneys end Counselors P.O. Box 427 Merldlen, Idaho 83842 Telephone 888.4481 THENCE S. 48°07' E., 165.43 FEET TO A POINT; THENCE S. 24°14' W., 116.64 FEET TO A POINT; THENCE N. 65°30 3/4' W. 83.43 FEET TO THE SOUTHWEST CORNER OF LOT 1; THENCE N. 89°41 1/4 W. 35.23 FEET TO A POINT; a ~ THENCE N. 15°15 3/4 E. 93.93 FEET TO A POINT ON A CURVE; THENCE CURVE TO THE LEFT ALONG A CURVE HAVING A RADIUS OF 790.00 FEET, A TANGENT OF 23..79 AND A CORD BEARING NORTH 1~ 32' 17" EAST 47.55 FEET; THENCE N. 0°15 3/4' E. 45.66, TO THE INITIAL POINT OF THIS DESCRIPTION, CONTAINING .42 AC., MORE OR LESS. be, and the same is hereby rezoned from (R-4) RESIDENTIAL DISTRICT to (R-15) RESIDENTIAL DISTRICT, and Section 11-2-425, Official Zoning Maps are hereby amended to reflect the same. Section 2. That the development of the property and the construction of dwellings thereon is subject to Design Review. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this ~ day of _, 1990. APPROVED: ~ 1'~2% A OR -- GRAN P. KI G ORD AMBROSE, FITZGERALD & CROOKSTON i` Attorneys and Counselors P.O. BOx 427 Merldlan, Idaho 83842 Telephone 888.4481 ATTEST: Asia County, ld~t>'o ~It d5+lr ~ ~5: ey . a ~~ ~ ~~ ~~ M ..' _ , ~ 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 AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A TRACT OF LAND WHICH IS PART OF LOT 1 IN BLOCK 6 OF WELKER SUBDIVISION, MERIDIAN, IDAHO AND A PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 12, ALL IN SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE", passed as Ordinance No.~__ by the City Council and Mayor of the City of Meridian, on the ~ day of_ ~) (~,~~ 1990, as the same appears in my o five. DATED this ~ day of .tle. ,, 1990. AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884461 ,,; ~~~ -___ STATE OF IDAHO,) ss. County of Ada, ) On this 11 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 instrurnent, 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. ,--. ,,~e,u~~rniy 's (SEAL) ' ~ ~ ~pTA~ j,~'°~c~ i r ~ 0 ~ I"°. P ~.V m V tr .yam' ®~ U ~ ~ ® ~~~~ a a /0 s7 e° !i~ ®' ~~~~rraeoeeeeeeeee ry Pub l ic~-for loano hiding at Meridian, Idaho c~rh~r~issign expires ~i~/9/~'3 HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS JACKNIEMANN,CityClerk MERIDIAN O JANICE GASS, treasurer F CITY BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO EARL WARD, waste water supt. IDAHO 83642 MERIDIAN KENNY BOWERS, Fire Chief , BILL GORDON, Police Chief Phone 888-4433 GARY SMITH, City Engineer GRANT P. KINGSFORD Mayor THE OFFICE OF THE MAYOR CITY OF MERIDIAN STATE OF IDAHO PROCLAZiATIOH COUNCILMEN RONALD R. TOLSMA J. E. BERT MYERS ROBERTGIESLER MAX YERRINGTON Chairman Zoning & Planning JIM JOHNSON WHEREAS, on June 23, 1990, "Paint The Town Day", over 4,000 volunteers will paint the homes of approximately 100 seniors and handicapped Treasure Valley residents; and WHEREAS, 200 of these volunteers will paint the homes of 9 seniors or handicapped Meridian Area residents; and WHEREAS, the labor, paint, and other supplies for the project will be provided, without charge, for the residents; and WHEREAS, the Meridian Kiwanis Club is the coordinator of "Paint the Town" in Meridian; and WHEREAS, "PAINT THE TOWN" is being organized and sponsored by radio stations KBDI, KBFC, television station KIVI, U. S. West, The Idaho Statesman, West Dne Bann, The Fred Meyer Corporation and Boise Neighborhood Housing Services, Inc. ; and WHEREAS, this outstanding community service p-r-aject will benefit seniar citizens ar~d handicapped who may find it extremely difficult to maintain the beauty and canditian of their homes; NOW, THEREFORE, I, GRANT P. KINGSFORD, MAYOR OF THE CITY OF MERIDIAN. do hereby proclaim June 23, 1990 as 'PAINT THE T01AfH DAY• in the City of Meridian, and do commend the participating corporations, firms, service organizations, media and individuals for their generous support and involvement in this worthwhile project. IN WITNESS WHEREOF, I have hereunto set my hand on this 5thday of June, in the year of our Lord nineteen hundred ninety. 2~ ~~ MAYOR OF MERIDIAN, IDAHD ~ ~ 6479 GLENWOOD, SUITE A Max A. Baesiger, ~~ BOISE, ID 83703 General Contractor &' Developer c2o8) 853-2001 .,~ May 22, 1990 Mr. Grant Kingsford, Mayor Memtyers of the Meridian City Council r. Bob Geisler Mr. Ron Tolsma Mr. Burt Meyers Mr. Max Yerington _ Gentlemen: Last week our request for rezone of the corner portion of our Vineyards Subdivision was tabled. We understand that you are concerned that this rezone might not be in conformation with your comprehensive plan where it refers to the number of commercial sites allowed at intersections of major arterials. It is our opinion that when the plan stated that there "should" only be one commercial corner allowed per intersection, it gave you the flexibility to use your own discretion about the nature of the intersections to decide. whether one or more could be allowed. Since no one would want to live on such a busy intersection, we don't see how this property could have any use other than non-residential. However, the Planning and Zoning Commission is attempting to modify this section of the comprehensive plan and delete the reference to "one commercial corner." This-would hopefully solve this issue for all of us. We would therefore request that our rezone application be tabled until the meeting at which you will hear the Planning and Zoning Commission's proposed modifications to the comprehensive plan. We would like to be heard after you have acted on that proposal. Thank you for your cooperation. Sincerely, - Max A. Boesiger, Jr., Project Manager MAB:row cc: Mr. Jack Niemann, Meridian City Clerk Mr. Chris Korte, Land Dynamics P~ER~c~ PARK ~~IER~OINTE ~ ~ APPROPRIATION ORDINANCE AMENDMENT ORDINANCE NO. AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO AMENDING ORDINANCE NO. 512, THE APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1989 AND ENDING SEPTEMBER 30, 1990: APPROPRIATING ADDITIONAL MONIES THAT ARE TO BE RECEIVED BY THE CITY OF MERIDIAN, IDAHO, IN THE SUM OF 5475,149.00 AND PROVIDING AN EFFECTIVE DATE: Be it Ordained by the Mayor and City Council of the City of Meridian, Idaho: Section 1. That Ordinance No. 512. The Appropriation Ordinance for the City of Meridian. Idaho, far the fiscal year commencing October 1. 1989 and ending September 30. 1990. be and the same is hereby amended as follows: That the additional sum of $55,149.00 be appropriated out of the revenues from Federal Drug Grant and the additional sum of 5420, 000.00 be appropriated out of the revenues from the construction fund and participants contribution, to be used for authorized activities. Section 2. This shall be in full force and effect from and after its passage, approval and publication. PASSED by the Gity Council and approved by the Mayor of the City of Meridian. Idaho. this 5th day of June. 1990. 1 GRANT P. KINGS ORD, M OR ATTEST: .~ ORDINANCE NO.cJ~~ AN ORDINANCE OF THE CITY OF MERIDIAN ADOPTING A NEW CHAPTER 22 TO TITLE VIII, OF THE REUISED 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. WHEREAS, the Mayor and the City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interest of the said City to adopt a new Chapter 22 to Title VIII, of the Revised and Compiled Ordinances of the City of Meridian which shall provide for the licensing of private security services; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That a new Chapter 22 be added to Title VIII AMBROSE, FITZGERALD &CROOKSTON Attorneys end Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888-4481 of the Revised and Compiled Ordinances of the City of Meridian, to be known as "PRIVATE SECURITY SERVICES", which is hereby adopted and enacted and which shall read as follows: 8-2201 DEFINITIONS: For the purpose of this Ordinance, the ollowing terms, phrases, words and derivations shall have the meaning given herein. The word "shall" is always mandatory and not merely directory. APPLICANT: The person making application for a license or the renewal of a license for: PRIVATE SECURITY SERVICES LICENSING ORDINANCE PAGE - 1 ~ ~ 1. ,Private patrol agent; or 2. Private patrol or private security service or system. LICENSING The City Clerk. OFFICER: PERSON: Any individual, firm, co-partnership, corporation, company, association or joint stock association. PRIVATE or Any service or system which purports to furnish, PATROL SER- or does furnish, for a consideration, or VICE or otherwise, any watchman or guard, either SYSTEM: uniformed or otherwise, to patrol any district in the City, or to guard or watch any property, or which employs any person to perform any type of duty to guard, protect or maintain peace and order at any public function, dance hall, theater, tavern or lounge, or any other place of public amusement or entertainment open to or frequented by the general public. PRIVATE Any person employed by the service or who PATROL AGENT: performs individually the functions of a private patrol or private security service. PRIVATE Any service or system which purports to furnish, SECURITY or does furnish, for a consideration, or SERVICE: otherwise, any employee or agent to protect any property by means other than physical observation of property. 8-2202 LICENSES REQUIRED AND EXEMPTIONS: A. It shall be unlawful for any person to conduct, operate or maintain, or permit to be conducted, operated or maintained, or to participate in the conduct, operation or maintenance of, a private patrol or private security system unless a valid license therefor has been issued as provided for in this Chapter and which is in full force and effect. AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors B. It shall be unlawful for or to offer to act, as agent within the City license therefor has provided for in this Cha in full force and effect. any person to act a private patrol unless a valid been issued as Ater and which is P.O.Boz427 PRIVATE SECURITY SERVICES LICENSING ORDINANCE MeridBla~n42daho P A G E - 2 Telephone 888.4481 ~ ~ C. It shall be unlawful for any private patrol or security service to employ or hire the services of a private patrol agent until and unless said private patrol agent has been duly licensed as required by this Chapter. D. This Chapter shall not apply to or include regularly appointed police officers of Meridian City or to any regularly appointed police officer or law enforcement agent of the United States and of this State, or any political subdivision thereof while acting as their agent. E. Any owner/operator of a validly licensed private patrol or security service or system may act as a private patrol agent for their private patrol or security service or system without additional bond or fee and be issued a license accordingly. 8-2203 UNIFORMS AND EMBLEMS: A. It shall be unlawful for any private patrol or security service, or for any private patrol agent, to use or authorize the use of: 1. Any uniform, clothing, uniform emblems or shoulder patches having a color, design and/or shape such as makes any of them individually, or some or all of them in the aggregate, appear indistinguishable from any uniform, uniform emblems and/or shoulder patches of the Meridian City Police Department: B. It shall be unlawful-for any private patrol service to omit the use of a tape which has stitched thereon words such as "private patrol or security service", "private patrol systemu, or "bonded police" to be affixed to the left breast of the uniform or clothing worn by a private patrol agent. AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888.4481 C. Every private patrol or security service and private patrol agent, prior to being licensed under this Chapter, shall obtain approval and authorization of any color, PRIUATE SECURITY SERVICES LICENSING ORDINANCE PAGE - 3 ~ ~ design or shape of any uniform, clothing, uniform emblems, badges and/or shoulder patches, to be utilized by such licensee. Application for such approval shall be made to the Meridian City Police Department and approval and authorization, if any, shall be given in writing by the Department and shal l be attached to the application for license required by this Chapter and shall describe the color, design and shape of the. uniform, patches, badges and/or emblems, as the case may be. 8-2204 APPLICATION FOR LICENSE: An application for a license, whether for private patrol or security service or system or private patrol agent, shall be made to the Licensing 0`ficer. Applications or such licenses may be made by mail. A. At the time of filing an application, an application fee shall be paid to the City Clerk pursuant to fee schedule. 8-2205 QUALIFICATIONS: No person shall be issued a icense who: A. Is not over eighteen (18) years of age. B. Has been convicted, paid any fine, placed on probation, received a deferred sentence, received a withheld judgment, suffered the forfeiture of a bond for failure to appear or complete any sentence of confinement for any felony or misdemeanor within three (3) years prior to the date of making application, provided that offenses regulating the operation and licensing of vehicles and fish and game laws, other than driving while under the influence of intoxicating beverages and reckless driving, shall not be grounds for disqualification. AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlen, Idaho 83842 Telephone 888.4481 8-2206 INVESTIGATION: The Licensing Officer shall examine a app ications filed and shall make, or cause to be made, such further investigation of the application and the applicant as he shall deem necessary. An applicant who was not licensed by this Chapter for the year immediately preceding the current application shall be required to be fingerprinted by an appropriate agency to be designated by the Licensing Officer. Cost of taking and processing PRIVATE SECURITY SERVICES LICENSING ORDINANCE PAGE - 4 a ~ such fingerprints shall be borne by the applicant. 8-2207 STANDARDS: The Licensing Officer shall approve the issuance of a license provided for in this Chapter whenever i t shal 1 f ind that the applicant has complied with the provisions of this Chapter and is otherwise qualified. A provisional license may be issued pending completion of the required investigation. 8-2208 BOND AND INSURANCE REQUIRED: Before any license shall be issued to any applicant: A. The applicant shall be required to give a fiduciary bond running to the City of Meridian City in the sum of: 1. Private patrol or security service, ten thousand ($10,000.00) dollars. 2. Private Patrol Agent two thousand five hundred ($2,500.00) dollars. 6. General and personal liability insurance for bodily injury, sickness, disease or death sustained by persons and arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with property and contract rights. The minimum limits for such insurance shall be one hundred thousand (100,000) dollars per person and three hundred thousand (300,000) dollars per incident or occurrence. 8-2209 LICENSE FEES: The City License Officer shall co ect a ore the acceptance of an application: A. Annual: 1. Private patrol service: $100.00 2. Private security services: $100.00 3. Private patrol agent $ 25.00 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho e3s4z Telephone 8BB-4481 8-2210 LICENSE; EXPIRATION: All licenses issued under the provisions o t is Chapter shall expire each year. Any person holding a license under the provisions of this Chapter must renew such 1 icense for the following succeeding year by payment to the Clerk, PRIVATE SECURITY SERVICES LICENSING ORDINANCE PAGE - 5 ~ ~ the license fees required by this Chapter on or before December 31. 8-2211 LICENSE; FORM: The license for a private agent shal a in the form of a card which shall contain the words "private patrol agent"; and shall also bear numerals designating the year in which such license is in force and effect. 8-2212 UNLAWFUL DISPLAY OF _LICENSE: It shall be unlawful for any person to wear or display any 1 icense required or provided for by the Chapter unless such person is duly licensed therefor. 8-2213 LICENSES; AUTHORITY: The granting or issuance of any icense un er the provisions of this Chapter shall not be construed in any manner as granting or providing any additional or further power of arrest than that granted under the provisions of the Statutes of the State, and the provisions of this Code, nor shall the provisions of this Chapter be construed in any manner as authority or power to carry weapons contract to the Statutes of the State. 8-2214 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. SECTION 2: EFFECTIVE DATE: WHEREAS, there is an AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888.4481 emergency therefor, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PRIVATE SECURITY SERVICES LICENSING ORDINANCE PAGE - 6 r PASSED AND APPROVED this ~ day of _ ~~ ~`, 1990. CITY OF MERIDIAN B Y : ~ ~ ~ ~ ~ `.~y c_ ,~~ AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888.4481 ATTEST \ .- PRIVATE SECURITY SERVICES LICENSING ORDINANCE PAGE - 7 ORDINANCE NO.~_ 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. WHEREAS, the Mayor and the City Council of the City of AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone888-4481 Meridian, State of Idaho, have concluded that it is in the best interest of the said City to adopt a new Chapter 20 to Title VIII, to the Revised and Compiled Ordinances of the City of Meridian which provides for massagists and massage establishments; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That a new Chapter 20, Title VIII, be added to the Revised and Compiled Ordinances of the City of Meridian, entitled "MASSAGISTS AND MASSAGE ESTABLISHMENTS", and which is hereby adopted and enacted and which shall read as follows: 8-2001 DEFINITIONS: For the purposes of this Ordinance, the follows g terms, phrases, words and derivations shall have the meaning given herein. A. Applicant: The person making application for a license or the renewal of a license as specified in this Chapter. MASSAGE LICENSING ORDINANCE - PAGE 1 B. Licensee: A person having a City license in ful l force and effect issued hereunder as specified in this Chapter. C. License Officer: The City Clerk. D. Massage: Any method of manual manipulation of, pressure on or friction against, or rubbing, stroking, kneading, slapping, pounding, tapping, vibrating or stimulating the external parts of the human body with or without the aid of any mechanical or electrical apparatus, instrument or appliance with or without such supplementary aids as oils, rubbing alcohol, liniments, antiseptics, powders, creams, lotions, ointments or other similar preparations commonly used in the practice of massage and/or by the use of any kind of character of bath. E. Massage Establishment: Any place or establishment where any person engages in or carries on or permits to be engaged in or carried on any of the activities mentioned in subsection D. above. F. Massagist (including the terms masseur or masseuse): Any person who, for any consideration whatsoever, engages in the practice of massage as herein defined. G. Person: Any person, firm, partnership, association, corporation, company or any organization of any kind. 8-2002 LICENSE REQUIRED: A. It shall be unlawful for any person to engage in the practice of, or attempt to practice, massage for a fee, or for a gratuity, or any consideration whatsoever without first having obtained a valid license therefor as provided in this Chapter and which license is in full force and effect. AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone 888.4481 B. It shal l be unlawful for any person to engage in, operate, conduct or carry on, or maintain in or upon, or to permit to be engaged in, operated, conducted or carried on, or maintained in or upon, any premises in Meridian City, the operation of a massage establishment as herein defined without first having obtained a license MASSAGE LICENSING ORDINANCE - PAGE 2 as provided for in this Chapter and which is in full force and effect. 8-2003 EXEMPTIONS:. The following persons shall be exempt from the requirements of this Chapter: A. Persons authorized by the laws of the State of Idaho to practice medicine, surgery, osteopathy, chiropody, physical therapy, chiropractic, podiatry, or persons holding a drugless practitioner's certificate under the laws of the State of Idaho; B. Nurses registered or licensed pursuant to the laws of the State of Idaho. Orderlies, attendants or nurses aides in hospitals or clinics or under the direction of a licensed physician; and C. Barbers and cosmetologists duly licensed under the laws of the State of Idaho. D. Members in good standing of the International Myomassethics Federation (I.M.F./I.M.A.) and the Meridian Massage Therapy Association (A.M.T.A.). All persons desiring to qualify for this exemption shall make application for a certificate of exemption to the Licensing Officer and by a showing that the applicant for exemption is a member in good standing of the above-named associations. E. T"e exemptions hereby granted shall apply and extend to the person or persons exempt so long as and to the extent necessary for the activities performed in the course of the bona fide practice of the business or profession of the person exempted. AMBROSE, FITZGERALD SCROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888.4461 8-2004 ACT OF LICENSING OFFICER: Upon determination that the app scant is qua i ied for a license pursuant to the qualifications and conditions of licensee, the Licensing Officer shall either issue a Meridian City License to the applicant or shall deny the same for cause. 8-2005 APPLICATION FOR EXEMPTION CERTIFICATE: Any person desiring to apply for an exemption from the requirements of this Chapter shall make annual appl station for a Certificate of Exemption to the MASSAGE LICENSING ORDINANCE - PAGE 3 License Officer. All applications for a Certificate of Exemption shall provide with the application at least the following: A. The name and residence address of the applicant. B. The business address of applicant. C. The date of birth, social security number and motor vehicle license number, if applicable. D. The professional association under which the applicant claims exemption and proof of membership in good standing. 8-2006 APPLICATION FOR MASSAGE ESTABLISHMENT LICENSE: Application for a license to operate a massage establishment, which employs any persons as massagists not exempted by this Chapter, shall be made to the License Officer accompanied by the annual fee hereinafter prescribed, and the application shall contain at least the following: A. The exact nature of the massage to be administered. B. The location and mailing address of the proposed establishment. C. The name and residence address of the applicant. D. If applicant is a corporation, the names and residence addresses of each of the officers, directors and manager of said corporation and of each stockholder owning more than ten percent (10X) of the stock of the corporation, and the address of the proposed massage establishment. Said persons shall be construed as joint applicants for a massage establishment license. E. I` applicant is a partnership, the names and residence addresses of each of the partners including limited partners, and the address of the partnership itself, if different from the address of the proposed massage establishment. Said persons shall be construed as joint applicants for a massage establishment license. AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone 888.4481 F. Written proof that the applicant is over the age of eighteen (18) years. MASSAGE LICENSING ORDINANCE - PAGE 4 n u G. The height, weight, color of hair and eyes of each applicant or joint applicant. H. One photograph of each applicant taken within thirty (30) days of the date of application at least two inches by two inches (2" x 2"). If the applicant is a corporation, one photograph at least two inches by two inches (2" x 2") of each officer or managing agent(s) of said corporation. If the applicant is a partnership, one portrait photograph taken within thirty (30) days of the date of application at least two inches by two inches (2" x 2") in size of each partner, including a limited partner in said partnership. I. The business, occupation, or employment of the applicant, including the name dates, location and nature of same. J. The history of the applicant in the operation of a massage establishment or similar business or occupation, including, but not limited to, whether or not such person, in previously operating in this or another city within or without the State has had a massage or similar license or application therefor, denied, revoked or suspended, and the reason therefor, within five (5) years immediately preceding the date of application, and the business activity or occupation subsequent to such action of suspension or revocation. K. Whether the applicant (including the officer, directors and managers of a corporation, and partners and managers of a partnership) within five (5) years prior to making application has been convicted of, paid any fine, been placed on probation, received a deferred sentence, received a withheld judgment, suffered the forfeiture of a bond for failure to appear or completed any sentence of confinement for any felony or nontraffic misdemeanor. L. T'~e name and address of each massagist who is or will be employed in said establishment. AMBROSE, FITZGERALD 8 CROOKSTON Attorneys and Counaelore P.O. Box 427 Merldlan, Ideho 83942 Telephone 888.4481 M. Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the MASSAGE LICENSING ORDINANCE - PAGE 5 qualifications of the applicant for the permit. N. An applicant who was not 1 icensed by this Chapter for the year immediately preceding the current application shall be required to be fingerprinted by an appropriate agency designated by the Licensing Officer. Cost of taking and processing such fingerprints shall be born by the applicant. 8-2007 MASSAGIST LICENSE: Application for a massagist's icense by a persons not exempted by this Chapter shall be made to the License Officer accompanied by the annual fee hereinafter prescribed, and the application shall include the following: A. Name and residence address and all previous residential addresses immediately prior to the present address of applicant for a period of five (5) years from date of application. B. Social security number. C. Written proof that the applicant is at least eighteen (18) years of age. D. Weight, height, color of hair and eyes. E. Two (2) front face photographs taken within thirty (30) days of the date of application and at least two inches by two inches (2" x 2") in size. F. T`e business, occupation or employment of the applicant for five (5) years immediately preceding the date of application. G. The massage or similar business license history of the applicant, and whether the applicant has had such license, or application therefor, denied, revoked or suspended within five (5) years immediately preceding the date of application and the reason therefor, and the business activities or occupations subsequent to such actions of denial, suspension or revocation. AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone8B8.4481 H. Whether the applicant within three (3) years immediately prior to the date of application has been convicted of, paid any fine, been placed on probation, received a deferred sentence, MASSAGE LICENSING ORDINANCE - PAGE 6 received a withheld judgment, suffered the forfeiture of a bond for failure to appear or completed any sentence for confinement for- any felony or nontraffic misdemeanor. I. Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statement set forth in the application and the qualifications of the applicant for the permit. J. An applicant who was not licensed by this Chapter for the year immediately preceding the current application shall be required to e fingerprinted by an appropriate agency designated by the Licensing Officer. Cost of taking and processing such fingerprints shall be borne by the applicant. 8-2008 SOLE PROPRIETORSHIP MASSAGISTS: A. Definition: A sole proprietorship massagist is an individual, not connected or employed by any massage establishment, who practices the profession of massage in the personal residences of individual clients or at the personal residence of the sole proprietorship massagist. B. Application: All sole proprietorship massagists shall make application for a sole proprietorship massage license in the same form as is required by Section 8-2007 of this Chapter and pay the required fee. C. Additional Requirements: All persons licensed under this Section as sole proprietorship massagists shall keep at all times an appointment book in which the name of each and every patron or client shall be entered, together with the time, date, place of service and the nature of the service provided. The appointment book shall be available for inspection by the Licensing Officer or Meridian City Police Department. D. All sole proprietorship massagists shall maintain all qualifications and conditions as specified in Meridian City Code. AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8B8J461 8-2009 INVESTIGATION AND RECEIPT OF APPLICATION: Upon receipt o an app ication or aTicense-~~ie License Officer shall cause an investigation to be made and MASSAGE LICENSING ORDINANCE - PAGE 7 • C shall refer all applications to the Police Department, the Fire Department, Building Department and the Central District Health Department for their recommendations. The applicant for either a massage establishment license or massagist license shall submit to an interview for such further information and identification as may be deemed necessary by any officer of the City, and shall afford the License Officer and any other department or member thereof of the City reasonable opportunity to inspect the facilities for which the license is requested. 8-2010 GRANT, TERM AND FEE OF LICENSES: A. The License Officer, upon receiving the written recommendations of all departments, shall determine if the qualifications and conditions in this Chapter have been met. B. T`e License Officer shall issue an annual license to a massage establishment. Each license shall expire at the end of one year from the date of its issuance, unless sooner revoked or surrender. License shall not be transferable. A provisional license may be issued pending completion of the required investigation. C. The License Officer shall issue an annual license to a mas sagist. Each license shall expire at the end of one year from the date of its issuance, unless sooner revoked or surrendered. Licenses shall not be transferable. A provisional license may be issued pending completion of the required investigation. D. The annual li cense fee for a massage establishment is one hundred dollars ($100.00) and the annual license fee for a massagist (including sole proprietorships) is fifty dollars ($50.00). E. Each massage establishment shall remit a fee of twenty-five dollars ($25.00) to the Central District Health Department for a health inspection consistent with this Chapter. AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone 888.4481 F. All persons applying for an exemption as specified shall remit a fee of ten dollars ($10.00). MASSAGE LICENSING ORDINANCE - PAGE 8 V ~ • G. All licenses or exemption certificates issued pursuant to this Ordinance shall be prominently and conspicuously displayed on the premises of the massage establishment. 8-2011 QUALIFICATIONS; AND CONTINUANCE OF QUALIFICATIONS: A. The License Officer shall refuse to issue a license to a massage establishment, a massagist or a sole proprietorship massagists license, if it is found that: 1. The correct permi t fees have not been tendered to appropriate party, and, in the case of a check or bank draft, honored with payment upon presentation. 2. The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not limited to, the City's building, zoning and health regulations. 3. The applicant or manager or other person principally in charge of the operation of the business, or the stockholders holding more than ten percent (10%) of the stock of the corporation and any officer, directors and employees of a corporation, or the members of a partnership, have been, .within five (5) years prior to making application, convicted of, paid any fine, been placed on probation, received a deferred sentence, received a withheld judgment, suffered the forfeiture of a bond for failure to appear or completed any sentence of confinement for any felony or nontraffic misdemeanor. 4. The applicant has knowingly made any false, misleading, or fraudulent statement of fact in the application or in any document required to be submitted in support thereof. 5. The applicant has had a massage business, massagist, or other similar permit or license denied, revoked, or suspended for any of the above causes by the City or any other state of local agency within five (5) years prior to the date of the application, AMBROSE, FITZGERALD C BCROOKSTON 6. The applicant, if an individual, or if a Attorneys and MASSAGE LICENSING ORDINANCE - PAGE 9 Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888.4481 -r: ~ ! corporation any of the officers and directors, or if a partnership any member of the partnership, and the manager or other person principally in charge of the operation of the business, is not over the age of eighteen (18) years. 6. All persons licensed hereunder must .continue throughout the license period to have all of the qualifications and none of the disqualifications as provided for in this Ordinance. 8-2012 CHANGE OF ADDRESS, NAME AND OFFICERS, DIRECTORS, 0 KHOLD RS, PAR N R AN L OF LICC N~ Every massage establishment licensee shall report within 24 hours to the License Officer any and all changes of ownership or management of the massage establishment, including, but not limited to, changes of manager or other person principally in charge, stockholders holding more than ten percent (10%) of the stock of the corporation, officers, directors and any and all changes of name, style or designation under which the business is to be conducted; any and all changes of business address or telephone numbers where the business is to be conducted; any and all changes or transfers of massagists employed in the business whether by new or renewed employment, discharge or termination or otherwise. Every massagist shall report within 24 hours to the License Officer any and all changes of employment, whether by new or renewed employment, discharge or termination, or otherwise, giving the name and address of the former employer, if any, and the name and address of the new employer, if any. 8-2013 OPERATING AND SANITARY REQUIREMENTS: A. All massage performed by massagists employed by massage establishments and required to be licensed by this Chapter shall be performed at a licensed massage establishment. B. Unless otherwise ordered or approved by the Central District Health Department, each establishment shall be constructed, operated, and maintained to met the following minimum requirements: AMBROSE, FITZGERALD 8 CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlen, Idaho 83842 Telephone 88&4481 1. Physical facilities: MASSAGE LICENSING ORDINANCE - PAGE 10 • a. Steam rooms, shower compartments, steam compartments, tub compartments, toilet rooms, and adjacent exits shall have smooth, nonabsorbent, and easily cleanable floors and walls. b. Floors of wet and dry heat rooms shall be adequately sloped to one or more floor drains properly connected to an approved sewer system, except that dry heat rooms with wooden floors need not be provided with sloped floors and floor drains. c. A source of water approved by the Central District Health Department shall be available within the immediate area of the dry and wet heat rooms to facilitate cleaning. d. The premises shall have adequate equipment for disinfecting or sanitized non-disposable instruments and materials used to administer massages. e. Massage tables, exercise tables, and benches shall have easily cleanable upholstery or other approved material covering the entire top surface. f. Pools, tubs, and similar equipment designed for multiple use without the water being changed, shall comply with state and other laws. Tubs, baths, and similar equipment designed for single use shall be emptied after each use, thoroughly cleaned, and properly sanitized. g. No owner or operator shall use an establishment for housing, sheltering, or harboring or cause or permit the same to be used as living or sleeping quarters by employees or other persons.. AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888.4481 h. Toilet facilities shall be provided in convenient locations separate from other facilities, to provide privacy to the occupant(s). MASSAGE LICENSING ORDINANCE - PAGE 11 i~ • i. Each handwash provided with water, soap or single service at all times. not be used. ing faci 1 i ty shal 1 be hot and cold running detergent, and sanitary towels or blow dryer(s) A common towel(s) shall 2. Cleaning and Maintenance: a. Every portion of the establishment, including appliances, exercise tables, and equipment and apparatus, shall be kept clean, in good repair, ,and maintained in a sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, and toilet facilities and rooms shal 1 be thoroughly cleaned each day the establishment is in operation. Bathtubs and massage tables shall be cleaned and disinfected after each patron's use. b. Each establishment shall have clean, sanitized sheets, towels, or other linen in sufficient quantity and said towels and linen shall be cleaned and. sanitized after each use. c. Massage table(s) and each patron shall be provided with clean and sanitary sheets, towels, or other linen. No common use of sheets, towels, or other linens shall be permitted. d. All instruments, apparatus, equipment, or appliances used more than once shall be disinfected after use on each patron. 3. Operators and personnel: a. All massages or treatments in an establishment shall be in a room designed for this purpose. b. All employees, patrons, and operators shall be clean and wear clean outer AMBROSE, garments. All employees and operators FITZGERALD shall maintain a high degree of &CROOKSTON personal cleanliness and conform to Attorneys and MASSAGE LICENSING ORDINANCE - PAGE 12 Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888.4481 • • hygienic practices while on duty, c. Each operator shall wash their hands thoroughly before and after administering a massage or treatment on each patron, and as often as necessary to remove soil and contamination. An operator or employee of an establishment shall thoroughly wash their hands after using the toilet, smoking, or eating. d. No operator shall administer a massage or give treatment if he or she knows or should know that he or she has any contagious or communicable disease. 4. Hours of Operation: All massage establishments licensed under this Ordinance shall be closed for business between the hours of 10:00 p.m. and 7:00 a.m. AMBROSE, FITZGERALD BCROOKSTON Attorneys end Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone 888.4481 8-2014 INSPECTIONS: The Departments of Police, Fire or ui Ong o Meridian City and the Central District Health Department shall at any time during business hours, and at least twice a year, make an inspection of each massage establishment for the purposes of determining that the provisions of this Ordinance are complied with. It shall be unlawful for any licensee to fail to allow such inspection officer access to the premises or to hinder such officer in any manner. 8-2015 ADMINISTRATION: The administration of this Ordinance sha be un er the jurisdiction of the License Officer who shall: A. Examine all applications filed under Sections 8- 2005 through 8-2008 of this Chapter, make or cause to be made further investigations of the application and applicant he shall deem necessary. 8-2016 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. B. To sell, give, dispense, provide or keep, or cause or permit to be sold, given, dispenses, MASSAGE LICENSING ORDINANCE - PAGE 13 • • provided or kept, any alcoholic beverage or liquor on the immediate premises of any massage establishment. C. T^ 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 s uperv i s i on to perform such acts as may be prohibited by law. 8-2017 PENALTIES: Any person violating any of the provision o~ th s 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. SECTION 2: EFFECTIVE DATE: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED AND APPROVED this ~ day of ~C~~! 1990. CITY OF MERIDIAN AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counselors 1 P.O. Box 427 ` Meridian, Idaho 83842 Telephone 888.4461 ATTEST `. A~~~M A N N'l f' T~ f' I R K MASISAGE LICENSING ORDINANCE - PAGE 14 ." .;~' ~ ~ ORDINANCE NO.~~ 1 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 REVOCATION CONDITIONS, PENALTIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and the City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interest of the said City to adopt a new Chapter 21, to Title VIII, of the Revised and Compiled Ordinances of the City of Meridian Ordinances which shall provide for the licensing of escort and escort bureaus and related matters; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: Twat a new Chapter 21 be added to Title VIII to the Revised and Compiled Ordinances of the City of Meridian, to be known as "ESCORT AND ESCORT BUREAUS", which is hereby adopted and enacted and which shall read as follows: 8-2101 DEFINITIONS: For the purpose of this Ordinance, the fo~'-owing et et rms, phrases, words or derivations shall have the meaning given herein. A. Applicant: The person making application for a license or the renewal of a license to either: AMBROSE, FITZGERALD 8 CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83842 TelephoneBBB-4481 1. Maintain and operate an escort bureau as herein defined; or 1 .~ 2. Engage as an escort as defined. B. Escort: 1. Any person who, for hire or reward, accompanies others to or about social affairs, entertainment or places of amusement. 2. Any person who, for hire or reward, consorts with others about any place of public resort or within any private quarters. C. Escort Bureau: Any business or agency which, for a fee, commission, hire, reward or profit, furnishes or offers to furnish escorts. D. Licensee: A person having a City license in full force and effect issued hereunder to either: 1. Maintain and operate an escort bureau as herein defined; or 2. Engage as an escort as herein defined. E. License 0`ficer: City Clerk. F. Person: Any individual, firm, partnership, association, corporation, company or organization of any kind. G. Employ: To retain the services of an Escort to function as such under direction of an Escort Bureau. A bureau shall be deemed to "employe" all escorts functioning and/or dispatched at their direction regardless of the financial arrangements between the parties as to remuneration for escort services provided. H. Employee: Any person functioning and/or dispatched as an Escort at the direction of an Escort Bureau regardless of the financial arrangements between the Bureau and the Escort as to remuneration for escort services provided. AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone 888.4481 8-2102 LICENSE REQUIRED; FEE; EXCEPTIONS: A. Every person conducting, managing or carrying on 2 • • any escort bureau shall first procure a license and pay an annual 1 icense fee of One Hundred Seventy-five ($175.00) Dollars. A provisional license may be issued pending completion of the required investigation. B. Every person hired 'for the purpose of accompanying others to social affairs, entertainment, places of amusement or at any place of public resort or within any private quarters shall first procure a license and pay an annual fee of Fifty ($50.00) Dollars. A provisional license may be issued pending completion of the required investigation. C. Every Escort shall have in their possession while engaged in any act as an escort, including but not limited to travel to and from appointments, their Meridian City license issued under this Ordinance and other identification with photograph; both of which shall be provided for inspection upon request by any customer or by any law enforcement officer. D. Exceptions: 1. This Chapter shall not apply to the lawful business of any employment office or employment agency licensed under state law which does not conduct an escort bureau. 2. This Chapter shall not apply to Meridian City licensees acting pursuant to the applicable Meridian City Code licensing requirements. 3. This Chapter shall not apply to any persons acting under authorization of any public and governmental agencies or political subdivisions thereof. AMBROSE, FITZGERALD &CROOKSTON Attorneys end Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone 888.4461 8-2103 APPLICATION REQUIREMENTS: Each applicant for a icense herein is require to provide the following information upon an application which shall contain the following: A. An applicant who was not 1 icensed by this Chapter for the year immediately preceding the current application shall be required to be fingerprinted by an appropriate agency to be designated by the Licensing Officer. 3 ~ ~ AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counaelora P.O. Box 427 Meridian, Idaho 83842 Telephone 888.4481 6. All residential addresses during the past five (5) years. C. The name and address of each business where the applicant was employed, or which the applicant owned during the past five (5) years. D. Whether the applicant has had any business license denied, revoked, or suspended, the reason therefor, and the date and place of such action. E. Any conviction or forfeiture of bond, upon any assault, larceny, sexual offense, burglary,. or any criminal violation or municipal ordinance violation (except traffic violations) during the past five (5) years. F. Identification sufficient to prove that the applicant is at least eighteen (18) years of age. G. If the applicant is a corporation, a copy of the articles of incorporation shall be submitted, together with the name and residence address of each officer, and director, and of each stockholder owning more than ten per cent (10X) of the stock of the corporation. If the applicant is a partnership, the applicant shall set forth the name and residence address of each of the partners, including limited partners. Said persons shall be construed as joint applicants for an escort bureau license. H. Each applicant for a license to conduct an escort bureau shall state the names and addresses of all persons employed or intended to be employed by the ap plicant and any other person with a fi nancial interest in the escort bureau. I. Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit. J. One photograph of the applicant taken within thirty (30) days of the date of application at least two inches by two inches (2" x 2"). If the applicant is a corporation or a partnership, one photograph at least two inches by two inches 4 ~ ~ (2" x 2") in size of each officer and director and every shareholder owning more than ten per cent (10%) of the stock of said corporation, or if a partnership a 2" x 2" photograph of each partner, including a limited partner in said partnership. 8-2104 QUALIFICATIONS FOR LICENSE - EMPLOYMENT: No person shall ho a license who: A. Has been convicted within the preceding five (5) years of: 1. Any felony or crime which under the laws of this state would be a felony; 2. Larceny in any degree; 3. An offense involving sexual misconduct, pandering or prostitution. 4. Any violation of this Chapter or a similar law of another City in Idaho or any other state. B. Is younger than eighteen (18) years of age. C. Has made a material misrepresentation of fact on the application for license. D. H^s had a similar escort license, escort bureau license or other City license revoked within the last five (5) years. 8-2105 NOTIFICATION OF PERSONAL CHANGES: Every escort bureau shall within twenty-four (24 hours notify the License Authority of every change in personnel of escorts employed by the escort bureau. 8-2106 UNLAWFUL ACTS OF ESCORT BUREAU LICENSEE: In addition to maintaining a con itions an qua ifications of a licensee for an escort bureau license, said licensee shall not: A. Hire or employ any escort who is not licensed: B. Employ as an escort any person under eighteen (18) years of age. AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 C. Furnish any escort to, or accept employment from, any patron, customer or person to be escorted who is under eighteen (18) years of 5 . _~ ~ ~ age, except at the special instance and request of the parent, guardian or other person in lawful custody of the person upon whose behalf the escort service is engaged. 8-2107 APPOINTMENT BOOK AND NOTICE OF ESCORT AT OTHER L CA ON: A. Every person who operates an escort bureau or practices or provides as an escort shall at all times keep an appointment book in which the name, address and telephone number of each and every patron shall be entered, together with the time and date and place of service, the service to be provided and the name of the escort employed, furnished or arranged for, prior to the service being rendered. B. The appointment book shall be available at all times for inspection by the Meridian City Police Chief or his authorized representatives. C. Every person who practices or provides any escort service to any location, including but not limited to any motel or hotel, must first give notice of his or her presence on the premises at that location and fully identify himself or herself, the escort bureau, and the patron upon whom the person intends to practice or provide an escort to the owner, manager or person in charge of that location before rending any services. This provision shall be deemed complied with where the location is a motel or hotel by giving such notice and identification to the person in charge of the registration desk of such motel or hotel. A record of such appointment, or notice given and to whom said notice was given shall also be kept in the appointment book as hereinabove specified. AMBROSE, FIT2GERALD BCROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone 8884481 8-2108 LICENSE - SUSPENSION OR REVOCATION CONDITIONS: In a ~t~on to the ai ure to ma~ntain~ qua ifications and conditions of licensing specified in Section 8- 2104 of this Chapter, the license to conduct an escort bureau or to be an escort may be suspended or revoked if the City Council finds: A. That the licensee has committed, or caused, permitted, encouraged or condoned the commission of any lewd or immoral act or any act of prostitution; 6 • r a ~ B. That the licensee has conducted, in whole or in part, a subterfuge to facilitate or to conceal the conduct of any unlawful or immoral business or practice; C. That the licensee has failed to comply with the requirements of this Chapter. D. That the licensee has been convicted of any violation of this Chapter. 8-2109 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. SECTION 2: EFFECTIVE DATE: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED AND APPROVED this ~ day of (( ,>>~~ ` _ 1990. _.-~...-~9~ ' 1 CITY OF MERIDIAN F BY: ATTEST AMBROSE, ~~,~ FITZGERALD & CROOKSTON ~--' N N N T Y L R K Attorneys and r Counselors ~ 7 P.O. Box 427 Meridlen, Idaho 83842 Telephone 8884481 • ~ RESOLUTION N0.133 A RESOLUTION OF INTENTION OF CITY OF MERIDIAN, IDAHO TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 90-1 - EA5T FIRST STREET IMPROVEMENT PROJECT; DESCRIBING THE BOUNDARIES OF THE PROPOSED DISTRICT AND THE PROPERTY PROPOSED TO BE ASSESSED; GENERALLY DESCRIBING THE IMPROVEMENTS PROPOSED TO BE CONSTRUCTED; GENERALLY DESCRIBING THE PORTION OF THE TOTAL COST WHICH WII.L BE PAID BY THE LEVY OF ASSESSMENTS AND THAT WHICH WILL BE PAID FOR BY OTHER SOURCES; DESCRIBING THE METHOD OF ASSESSMENT; STATING THE TIME AND PLACE WHEN AND WHERE PROTESTS MAY BE FILED AND WHEN AND WHERE A PUBLIC HEARING WILL BE HELD TO CONSIDER ANY SUCH PROTESTS; PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS RESOLUTION CITY OF MERIDIAN Ada County, Idaho LOCAL IMPROVEMENT DISTRICT NO. 90-1 BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF MERIDIAN of Ada County, Idaho, as follows: WHEREAS, City of Meridian is a city operating and existing under and pursuant to the laws of the State of Idaho, and as such is authorized and empowered to create Local improvement districts (LID) to construct improvements pursuant to Title 50, Chapter 17, Idaho Code; and WHEREAS, the City Council of the city has receiv d a petition for the creation of a local improvement district signed by not less th~ixty percent (60%) of the resident owners of property subject to assessment within the proposed district and has determined to create such a local improvement district; and WHEREAS; the City Council is of the opinion that it is in the best interests of the owners of property and of the inhabitants and businesses within the proposed Local Improvement District No. 90-1 -East First Street Improvement Project, ("LID No. 90- 1"), that the proposed LID No. 90-1 be formed and the proposed improvements as hereinafter described be constructed. NOW, THEREFORE, BE IT FURTHER RESOLVED, DETERMINED, AND ORDERED as follows: Page - 1 • ~ Section 1: The City of Meridian hereby determines and states that it is its intention to form a local improvement district to be designated Local Improvement District No. 90-1 to make the improvements as hereinafter set forth. Section 2: The boundaries of the proposed LID No. 90-1 and of the properties to be assessed are described as follows: The Boundaries of the district are located within the corporate limits of the City of Meridian and include lots and parcels abutting and fronting on East First Street and shall be: bounded on the South of East First Street by Williams Street; bounded on the North of East First Street at a point 420' South of Fairview Avenue, including the property generally known as the Apollo Cleaners which is Land Parcel No. 86129020670 Lot A. Block 5, Amended F A Nourse's Third Addition; bounded on the East and West of East First Street not to exceed 60' on each side street both East and West, shall be included. The City Council is of the opinion that said description is sufficient to adequately inform owners of the property proposed to be assessed. Section 3: A general description of the improvements to be constructed is as follows: (A) to the street surface of East First Street -the reconstruction of that street and to include the intersections of streets running East and West therefrom. (B) to the i 11 -the construction of new sidewalks to include a brick accent strip within the sidewalk between the main railroad tracks and Carlton Avenue and trees planted at varying intervals along East First Street. (C) to the curb and gutters -the construction of new curb and gutters and necessary drainage and irrigation improvements. (D) to the parking facilities -the replacement and reconstruction of on-street and off-street parking and, if necessary, acquisition of land for parking and public open space. (E) Other related improvements as necessary to accomplish the above. Section 4: The estimated cost of the proposed project is EIGHT HUNDRED FIFTY THOUSAND DOLLARS ($8500001. It is estimated that the LID No. 90-1 will raise $180,000.00 of the total project cost. The remainder of funds of the total project will be contributed by the Idaho Transportation Department (ITD), the Ada County Highway District (ACRD), and other possible sources for minor utility work. The ACHD and IDT have agreed to provide approximately seventy-eight percent (78%) of the total project cost. The remaining twenty-two percent (22%) of the project cost is proposed to come from an LID. Page - 2 e i All property owners within the Boundaries as defined above will be assessed on the front foot method - (that is per foot of property which fronts upon East First Street.) The costs and expenses of the project to be paid from special assessments shall be assessed against the abutting, adjoining, and adjacent lots and lands according to the front foot method as provided by Section 50-1707, Idaho Code. i n The 26th day of June, 1990, at the hour of 7:30 o'clock p.m. at the Meridian City Hall at 33 East Idaho Street, Meridian, Idaho, is hereby fixed as the time and place when and where the owners of the property to be assessed may appear before the City Council and be heard as to the propriety and advisability of the Project, and which is the time and place when and where the City Council will consider the creation of the proposed LID No. 90-1, consider construction of the proposed improvements and hear all complaints, protests, and objections (which may be made in writing and filed with the Meridian City Clerk on or before said time} by any owner of any parcel of land to be assessed. c i n 7: Notice of Hearing substantially in the form attached hereto as Exhibit "A" and hereby made of part hereof, shall be given as follows: A. By publication of such notice in the Valley News, a weekly newspaper of general circulation within the City of Meridian and the official newspaper thereof, which notice shall be published in two (2) consecutive issues thereof, the first publication being at least ten (10) days prior to the date of said hearing. B. By mailing, at least ten (10) days prior to the date of said hearing, a copy of such notice to each owner of property, if known, or his agent, if known, within the limits of the proposed LID No. 90-1 addressed to such person at his post office address, if known, or if unknown, to the post office in Meridian, Idaho. Ownership of property shall be determined as of the date of the adoption of this Resolution. ~;. t ., Section 8: This Resolution shall take effect and be in full force from and after its passage and approval. DATED this 5th day of June, 1990. ATTEST: CITY OF MERIDIAN Ada County, Idaho By: Grant .Kingsford Mayor