HomeMy WebLinkAbout1989 10-17
A G E N D A
MERIDIAN CITY COUNCIL
OCTOBER 17, 1989
I ITEM:
MINUTES OF THE PREVIOUS MEETING HELD OCTOBER 3, 1989: (APPROVID)
1: PUBLIC HEARING: REQUEST E'OR CONDTIONAL USE PERMIT BY SNAKE RIVER MARKETING
FOR CONVENIENCE STORE: (CONDITIONAL USE PERMIT APPROVID)
2: PUBLIC HEARING: PRF.i.7M7ntARY & FINAL PLAT ON GEM PARK SUBDIVISION: (APPROVED)
3: PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING WJCONDITIONAL USE PERMIT &
PRELIMINARY PLAT ON PINE BLUFFS ESTATES: (ORDINANCE TO BE PREPARED)
4: ORDIIVANCE # 517: LICENSING OF FIDDLERS & SOLICITORS: (APPROVID)
5: ORDINANCE # 518: AMEND FEE FOR INSPECTION OF MOBILE HOMES: (APPROVID)
6: ORDINANCE # 519: CHANGE MEETING DATE IF ELECTION FALLS ON MEETING DATE: (TA~,ID)
7: ORDINANCE # 520: REQUIRED SEPARATION BEiWEIN MOBILE HOMES: (APPROVID)
8: ORDINANCE # 521: NEW FEE FOR ZONING & DEVEIfJPMENT ORDINANCE:(APPROVID)
9: ORDINANCE # 522: ANNEXATION & BONING OF STUCKER PROPERTY (INTT.Fg^IEST EIOMES) : (AppgOVEp)
10: RESOLUTION # 129: SET FEE FOR PERMIT FOR ALCOHOL IN THE PARK: APPROVED
11: DEPAIrTMIIVT REPORTS:
MERIDIAN CITY COUNCIL OCTOBER 17, 1989
Regular Meeting of the Meridian City Council called to order at 7:30 p.m. by Mayor Grant
Kingsford:
Members Present: Ron Tolsma, Bob Giesler, Walt Morrow:
Manbers Absent: Bert Myers;
Others Present: Betty Holton, Craig Call, Bill Cope, K, Beumeler, Wayne Piersall,
Les Folwell, Linda Cope, Corinne Cope, Jan Shawver, Tim Shawver, Dennis Marshall,
Greg Johnson, Gary Lee, Gary Smith, Bill Gordon, Coleen LeMay, Jim Johnson, Wayne
Skiver, Wayne Crookston, Dave Roylance,Ecl Harper, Rod Higgins,
The Motion was made by Tolsma and seconded by Morrow to approve the Minutes of the
previous Meeting held October 3, 1989 as written:
Motion Carried: All Yea:
Mayor Kingsford: We will vary slightly from the agenda, we have a presentation to
be made, Councilman Morrow will you take care of that?
Morrcxv: Tonite I have the pleasure to announce a substancial donation to our Fire
Prevention Program for our City/Rural Fire Department. on the part of Higgins Rutledge
Insurance Company, this donation represents in excess of $1,000.00 direct cost to than,
tonite we have Rod Higgins of Higgins Rutledge to present to Ecl Harper who does a fine
job heading up our Fire Prevention Progr~n, those pamplets that will aid their program.
Mr. Higgins presented the pamplets to Mr. Harper.
Item #1: Public Hearing: Request for Conditional Use Permit by Snake River Marketing
for Convenience Store:
Mayor Kingsford: At this time I will open the Public Hearing, is there anyone in the
audience who wishes to offer testimony on this request?
Linda Cope, 132 East Overland, Cope was sworn by the City Attorney:
Cope: I do not knav that this is about the development, which I am not opposed to,
but I am opposed to what is happening as a result of the development and that is that
the irrigation c~lpany is planning to come in and entirely demolish the habitat along
the Ten Mile Creek that separates our property fran the property that is being developed.
I have talked to various agencies and they seen to think this area is so busy that there
can not possibly be any habitat or wildlife there worth preserving but if you have not
been there it is a nice habitat and I would like to see the City try to work out sane-
thing so not only can the development happen but the irrigation company can be talked
into preserving that. I just want to quote you on President Bush's stand that he came
out with recently, he says my position on wetlands is straight forward, wetlands no
matter how small should be preserved. He is in the process of urorking on an executive
order to that effect now.It seem to me that if it is important enough nationally to -
think that maybe Meridian ought to think that to.
Craig Call, VP of Snake River Marketing, Ca11 was sworn by the City Attorney:..
Call: We have four stores here in the Boise area,one in Lewiston and my brother & I are
the owners, I agree with Linda Cope, I wish the Council would allow us a little more
flexibility in the condition that is attached as far as the habitat. is concerned, if it
MERIDIAN CITY COUNCIL •
OCTOBER 17, 1989
PAGE # 2
•
could be written so that we do not necessarily have to cave into the Bureau of Reclamations
insistance that we remove the trees, we would prefer it that way, on the other hand, I do
not want to be delayed over the matter if it were possible so if we could have things
worded so the habitat could be preserved unless the goverrnnent insists that we do it,
we are fully in agreanent and we would only be involved in any kind of destruction there
if they insisted that we do. The building will be designed very similiar to our building
on Fairview Ave.
Mayor Kingsford: The water part that is there now, how does that fit into the description
of your property? I guess what I am asking the report I saw required that the trees be
taken out, that was a condition fran Nampa Meridian Irrigation, do you actually own the
ditch?
Call: No, the canal itself is on land that was created by Federal Statute, the only thing
that effects our property is there is a right-a-way that cuts fifty feet into the property.
The only purpose for the right-a-way is an occasional cleaning of the canal:
Mayor Kingsford: Does your property have trees?
Call: No:
Mayor Kingsford: Well they can not ask you to take out trees on that which is not yours.
Call: It is not an uncommon thing for a government entitey to try to get a developer to
extend beyond his property or to take care of problems that could occur there, we would
resist this if we crould.
Morrow: A question concerning the sewer system, you have been doing sane testing, whether
it can be on site or it needs to be connected to the City sewer, the information we have
does not indicate any results in terms of those tests, it has been approved `for central
sewer, there has been no indication that on site was approved.
Call: We probably could do on site if we needed to but we would much rather use an off
site. It is our preference if we can to tie into the City sewer systan.
Mayor Kingsford: 'Y'ou addressed sewer, is it the same with the water?
Ca11:Water again is the same, what we know about the well there it is not adequate.
The water is an easier problan than the sewer. The water is not near the cost of the
sewer as we will have to put in a lift station for the sewer.
Tolsma: You did not have any problem with the State Highways or ACRD?
Call: No:
Mayor Kingsford: Anyone elese from the Public who wishes to offer testimony on this
request? There was no response, the Public Hearing was closed:
The Motion was made by Narrow and seconded by Tolsna to adopt the Findings of Fact and
Conclusions of Law as prepared for the Planning & Zoning Camtission:
Motion Carried: Roll Call Vote: NIorraa, Yea: Giesler, Xea: Tolsma, Xea:
The Notion was made by Morrow and seconded by Giesler to approve the Conditional Use Perntit
for Snake River Marketing with the conditions being met in terms of water and sewer and the
recannendations by ACRD and the Idaho Department of Transportation:
Motion Carried: All Yea:
MERIDIAN CITY COUNCIL • .
O(~'OBER 17, 1989
PAGE # 3
The Motion was made by Morrow and seconded by Tolsma to have the City Clerk draft a
letter to Nampa Meridian Irrigation and the Bureau of Reclamation that the Meridian
City Council that this project was approved without the removal of any of the trees
along Ten Mile Creek as this is not part of their property and should not be their
responsibility:
Motion Carried: All Yea:
Item #2: Public Hearing: Preliminary & Final Plat on Gan Park Subdivision:
Mayor Kingsford: I will naa open the Public Hearing, is there anyone in the audience who
wishes to offer testimony on this request? There was no response, the Public Hearing was
closed. Any questions of the Council Members?
Morrow: I have a question in regards to the City Engineers letter to the developers on
Friday, are these items resolved?
City Engineer: There is one that there is sane question on, it has been the policy of
the City for the developer to extend the lines through his property, we have a different
situation in this case as his property is bordered by public right-a-way on two sides,
the sewer & water that this developer would use is in Chateau, since this property also
abutts Locust Grove it is my interruptation that it would be the developers responsibility
to also extend the sewer and water on Locust Grove even though he would get no use out of
this extension or any benefit, I do not know what the decision should be.
There was discussion on this subject by the Mayor & Council and the people involved.
(Tape on File)
The Motion was made by Morrow and seconded by Tolsma to deadend the sewer line at the
corner of Chateau and locust Grove Road:
Motion Carried: All Yea:
The Motion was made by Tolsma and sewnded by Giesler to approve the Preliminary & Final
Plat of Gan Park Subdivision with the reoamiendations of ACRD and other agencies:
Motion Carried: All Yea:
Itan #3: Public Hearing: Request for Annexation & Zoning w/Conditional Use Permit &
Preliminary Plat on Pine Bluff Estates:
Mayor Kingsford: At this time I will open the Public Hearing, is there anyone in the
audience who wishes to testify on this request?
Gary Lee, 1990 Turnberry Way, Lee was sworn by the City Attorney:
Lee: I am the Engineer from JUB representing the developer on this project, I am in
attendance tonite to answer any questions the Mayor & Council might have qn this project.
Mayor Kingsford: Anyone else fran the Public who wishes to offer testimony, there was
no response, the Public Hearing was closed. Any questions or ccmnents fmn the Council?
Giesler:I have visited with Mr. Marshall regarding the apartment part of the project and
I would for the record like him to tell us a few things about that, their plans for it,
the quality and things of that nature.
Marshall: We are working with Architects right now getting basic ideas for the project
MERIDIAN CITY COUNCIL • •
OCPOBEFt 17, 1989
PAGE # 4
our goals is to have a middle-upper range of aparments, we are not interested in Farm
Home type apartments or government sudsidized apartments by the same token we realize
that the market in Meridian will not bear $700-800 dollar a month apartments, we are
looking at the lowest possible maybe $375.00 and up into the $525.00 and possibibly
$550.00 if we feel the market is there, we are looking at two bedroan units. Another
thing we have looked at is all one level units so that there would be no walkups, but
none of that is definitely decided as yet but I assure you it is not lower end units we
are looking at. As I mentioned to you when I spoke to some of you individually about this
project was that we were looking at putting the mini warehouses in because we do not want
a trashy looking project and many times apartment dwellers do not have enough storage.
So part of the object of putting in the mini warehouses in is so the apartment dwellers
can put any of their things that they would have a temptation to set outside and around
having a storage place because we are not going to allay that.
Tolsma: Is this going to be 4 plexes and duplexes?
Marshall: No, I never talked about duplexes, I talked about 4 plexes and possibily 8 plexes,
we looked at one today that would be a sixteen Alex, but that might be a little bit much
to put in the area we are just not sure.
Tolsma: How would you handle the parking on something like this?
Marshall: Just around it, front and back, the street we have on that plan, you know that
is why we are not going for a final, that street might not be where it sits right now.
We might have to move the street over to one side or the other. We are really looking
more at 8 plexes.
Tolsma: What I was looking at was awning~it is really not enclosed garage type parking?
Marshall: No, it would not be enclosed garage parking but we are looking at covered
P~'~g
Morrow: Have all the City Engineer camlents been taken care of?`:
City Engineer: I have not heard from anybody since I suk~mitted those caRnents, we did get
a revised plat back from JUB that shows the road stubout for West a3roadwayto the
East boundry of the project. The storm drainage it is my understanding the Engineers
have proposed that to the ACRD and the Highway District has accepted that.
Lee: They have not formally accepted the proposed drainage plan.
City Engineer: There is sane question on whether they can sewer the north east portion
of the development without raising the property.
Mayo gford: As per Dr. Hallett letter from the School District in evaluating the streets,
his ncern about buses and turnaround, do you feel those are adequate?
City Engineer: I did not look at it from that standpoint but they have a typical width
of the Highway Districts requiranents.
Mayo Kingsford: One thing that would be a matter if we were to approve the Preliminary
Plat~hat it w®uld be conditioned upon the approving and publication of the Annexation
Ordinance, I think it might be more appropriate to consider: the annexation & zoning
issue for Ordinance before we move into the Prel;m;nany plat.
The Motion was made by Morrnw and seconded by Tolsma that the Meridian City Council
hereby apopts the Findings of Fact and Conclusions of Law as prepared for the Planning
MERIDIAN CITY COUNCIL • •
OCTOBER 17, 1989
PAGE # 5
& Zoning Camtission:
Motion Carried: Roll Call Vote: Morrow, Yea: Giesler, Yea: Tolsma, Yea:
The Motion was made by Narrow and seconded by Tols®a to instruct the City Attorney
to prepare an Ordinance for the Annexation & Zoning of this property.
Motion Carried: All Yea:
The Motion was made by Tolsma and seconded by Giesler to table the Preliminary Plat
on Pine Bluff Estate and the Conditional Use Permit until the November 7, 1989 Meeting:
Motion Carried: All Yea:
Item #4: Ordinance #517: Licensing of Peddlers & Solicitors:
Mayor Kingsford: An Ordinance of the City of Meridian repealing Chapter 10, Title 3 of
the revised and compiled Ordinances of the City of Meridian and re-enacting and adopting
a new Chapter 10, Title 3 of the revised and canpil~l Ordinances of the City of Meridian
providing for the Licensing of Peddlers and Solicitors, and providing and effective date,
The City Attorney stu:cnarized this Ordinance for the Council and t~~.e R,blic.
Mayor Kingsford: Is there anyone in the audience who wishes Ordinance #517 read in its
entirety? There was no response.
The Motion was made by Giesler and seconded by Tolsma that the rules and provisions of
50-902 and all rules and provisions requiring that Ordinaces be read on three different
days be dispensed with and that Ordinance #517 as read be passed and approved.
Motion Carried: Roll Call Vote: Morrow, Yea: Giesler, Yea: Tolsma, Yea:
Item #5: Ordinance #518: Amend Fee for Inspection of Mobile Homes:
Mayor Kingsford; An Ordinance of the City of Meridian repealing Section 2-106 of the
revised and canpiled Ordinances of the City of Meridian, and re-enacting said Section
2-106 to amend fee for the inspection of trailer house and pre`abricated banes; and provid-
ing for an effective date; Is there anyone fran the Public who wishes Ordinance #518
read in its entirety, there was no response.
The Motion was made by Tolsma and seconded by Giesler 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 #518 as read be passed & approval:
Notion Carried: Roll Call Vote: Morrow, Yea: Giesler, Yea: Tolsma, Yea:
Item #6: Ordinance #519: Change Meeting Date if Election falls on meeting date:
The Motion was made by Morrow and seconded by Tolsma to table Ordinance #519 until the
next meeting:
Motion Carried: All Yea:
Item #7: Ordinance #520: Required separation between irobile banes:
Mayor Kingsfor3: An Ordinance of the City of Mexidian repealing Section 3-507.5A..
MERIDIAN CITY COUNCIL • •
OCTOBER 17, 1989
PAGE # 6
r ,;ring separation between Mobile Homes; and enacting a new Section 3-507.5A,
required separation between Nbbile Hanes; and providing an effective date, is there
anyone in the audience who wishes Ordinance #520 read in its entirety? There was no
response.The Motion was made by Tplsma and seconded by Giesler 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 #520 as read be passed
and approved:
Motion Carried: Roll Call Vote: Morraa , Yea: Giesler, Yea: Tolsma, Yea:
Itan # 8:Ordinance #521: New Fee for Zoning & Development Ordinance:
Mayor Kingsford: An Ordinance amending Chapter 1, Title 11 of the revised and compiled
Ordinances of the City of Meridian by the addition thereto of a new section to be knaun
as 11-102, fee for the copies of Zoning & Development Ordinance; and providing for the
repeal of all Ordinances heretofore passed by the City of Meridian in conflict therewith
and specifically Section 5 of Ordinance #430; and providing an effective date; is there
anyone in the audience who wishes ~ #521 read in its entirety? There was no
response.
The Motion was made by Tolsma and seconded by Nlorraa 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 #521 as read be passed and approved:
Notion Carried: Roll Call Vote: Morrav,Yea: Giesler,Yea: Tolsma,Yea:
Item #9: Ordinance #522: Annexation & Zoning of Stucker Property:
Mayor Kingsford: An Ordinance annexing & zoning certain real property which is described
as a portion of the south half of the southwest quarter of the northwest quarter; a portion
of the southwest quarter of the southeast quarter of the northwest quarter; and the
north 28 acres of the northwest quarter of the southwest quarter; all in the section 5,
T. 3. N., R. 1 E., Boise Meridian, Ada County, Idaho; aril providing an effective date;
Is there anyone in the audience Who wishes Ore7;nance #522 read in its entirety? There
was no response.
The Notion was made by Giesler 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 #522 as read be passed and approved.
Motion Carried: Roll Call Vote: Nbrrow, Yea: Giesler, Yea: Tolsma, Xea:
Item #10: Resolution # 129: Set Fee for Alcohol in the City Parks:
Mayor Kingsford: A Resolution by the City of Meridian pursuant to Ordinance #515
setting the fee for alcohol Permits in the City Parks, this is setting the fee at
$10.00 as was discussed at the last meeting.
The Notion was made by Giesler and seconded by Tolsma to approve Resolution #129:
Motion Carried: All Yea:
D2partrnent Reports:
City Attorney: In response to Councils request to send a letter to the Mobile Herne that
MERIDIAN CITY COUNCIL • •
OCTOBER 17, 1989
PAGE # 7
was in violation of the existing setback. requirements,. I did receive a letter fran
the operator of the mobile bane park, Steve Cady, it informs me that the particular
mobile bane that was in violation the lady is going to be moving it, she has given her
notice that she is going to be leaving in ninety days, he requests that she be allowed
to ranain on the lot with the particular have that is in violation until such time that
she moves, It is my understanding that she will be gone sanetime >n December, her ninety
days would be up DeceN~er 20th.
The Motion was made by Morrow and seconded by Tolsma to grant the extension to December
20, 1989 and if the mobile bane is not moved by that time the appropriate action be taken
to have the mobile bane moved.
Motion Carried: All Yea:
Morrow: One final caanent, it might behoove us to draft a letter to the lady who is
immediately behind this unit advising her and furnishing her copies of these and also
to the gentleman that heads the Mobile HaneoHmers Association in the State of Idaho.
The City Clerk is to take care of this.
City Attorney: I have received the correspondence fran Mona Dobaron, I have not had
total time to digest everything and I will report to the Council at a later date.
Giesler: I attended the Public Hearing held on October 11, 1989, regarding the Block
Grant for the Downtown Redevelopment Project and after hearing all the testimony and
public ccnments oral and written, I feel it is the reconmendation of he citizens of
the City of Meridian that the City should apply for this Caantanity Block Grant .for the
Downtown Redevelopment Project.
The Motion was made by Morrow and seconded by Giesler that the City of Meridian proceed
with an application for a Commmity Block Grant for the Downtown Redevelolxnent Project.
Motion Carried: All Yea:
Tolsma: Have we sent letters to Mr. Nesmith on his van and other items?
Police Chief: We have been working on this to get this problem cleared up, I have contact
with him weekly and I think things are progressing. I do not think we need to take other
action at this time.
Mayor Kingsford: A couple of items, if the Council remembers a couple of imnths ago
we had a representative of the Masonic Lodge here requesting cae make some sort of a
ca[mittrnent, the City with regard to their parking lot, with regard to.what we might
do, whether it be share of the maintenance or an insurance for the lot or whatever.
Has the Council given that any thought? They did not ask for anything specific, prior
the City had an agreement with than where we did sane of the maintenance on this lot
in turn for than allowing our residents to park there during the day, that particular
agreement has expired saw time ago. and they are interested in sane sort of joint
venture for that parking lot. There was discussion on this by the Council Manbers.
Liability Insurance was talked about. Councilman Tols~ agreed to see what crould be
worked out with the Masonic Lodge on this and report back to the full Council.
Being no further business to cane before the Council the Motion was made by Morrav
and seconded by Tolsma at 8:55 p.m.:
Motion Carried: Al1Yea: (TAPE ON FILE OF TfIESE PROC~INGS)
MERIDIAN CITY COUNCIL •
OCTOBER 17, 1989
PAGE # 8
AZTFST:
Mayor $/Council
P& Z rs
Atty, Eng, Fire,
Police, Ward, Stuart
Bldg. Dept. Gass
Hallett, Valley News
Statesman, ACHD, CDH
NINID, ACC, SID
u
APPROVED:
- - - - - - - -
GRANT KINGSFORD, MAYOR
Mail (3)
File (3)
,.A
ORDINANCE NO.~~I
AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING CHAPTER 10, TITLE
3 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN
AND RE-ENACTING AND ADOPTING A NEW CHAPTER 10, TITLE 3 OF THE
REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN
PROVIDING FOR THE LICENSING OF PEDDLERS AND SOLICITORS; 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 repeal Chapter 10, Title 3 of the
Meridian Ordinances and to re-enact said Chapter 10, Title 3
with changes effective as set forth hereinafter which provide
for licensing of peddlers and solicitors;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1: That Chapter 10, Title 3, is hereby repealed.
SECTION 2: That Chapter 10, Title 3 of the Revised and
Compiled Ordinances of the City of Meridian is hereby re-enacted
and adopted and which shall read as follows:
3-1001: JURISDICTION: The following provisions shall
apply to peddlers and solicitors operating or doing business
within the incorporated areas of the City of Meridian.
3-1002: DEFINITIONS:
AMBROSE,
FITZGERALD
B CROOKSTON
1
Attorneys and
Counselore
P.O. Box 12T
Merl8len, be8o
89814
Telephone 88&1181
PEDDLER: Any person who sells or offers for
sale any commodity or article,
traveling from place to place in
the City, or who sells or offers
for sale going from place to place
in the City any commodity or
article, and who carries such
commodity or article with him for
delivery at the time of sale.
Excepting from this definition is
any person who would be defined as
a peddler but for the fact they
have been invited to the premises
or place by the owner or occupant
of the premises or place.
SOLICITOR: Any person who goes from house to
house or from place to place
within the County of Ada, taking
orders for, or offering to take
orders for goods, wares or
merchandise, or any article for
future delivery, or for services
to be performed in the future, or
for the making, manufacturing or
repairing of any article or thing
whatsoever for future delivery.
Excepted from this definition is
any person who would be defined as
a solicitor but for the fact they
have been invited to the premises
or place by the owner or occupant
of the premises or place.
3-1003: LICENSES REQUIRED:
A. PEDDLERS:
1. It shall be unlawful for any
person to act as a peddler within
the meaning and application of
this Chapter, without first
securing a license to do so from
the City Clerk.
AM BROSE,
FITZGERALD
&CROOKSTON
AttwneYe uM
(i0uneelore
P.O. Boa K27
McNElen, 106ho
838K2
Telephone BB&C<81
Z
Any person desiring a license to
act as a peddler within the City
shall make application therefor to
the Clerk on forms to be provided
by the Clerk stating the name and
address of the applicant, the name
and address of the firm which he
represents, if any, and the kind
of goods offered for sale and
which application shall require
the applicant to state under oath
and upon penalty of perjury as
proscribed by Idaho Code, 18-5409,
that he has read the Idaho
Consumer Protection Act, Title 48,
Chapter 6 and the Home
Solicitation Sales provisions of
28-32-501 and 502, Idaho Gode,
that he has not in the past,~3oes
not presently, and will not in the
future violate any of the
provisions thereof, specifically
including Section 48-603, Idaho
Code, and that he wiles
specifically comply with the
requirements of 48-603 A, Idaho
Code, Unfair Solicitation
Practices.
B. SOLICITORS:
1. It shall be unlawful for any
person to act as a solicitor
within the meaning and
application of this Chapter,
without first securing a license
to do so from the City Clerk.
2. Any person desiring a license to
act as a solicitor within the City
shall make application therefor to
the Clerk on forms to be provided
by the Clerk, stating the name and
address of the applicant, the name
AMBROSE,
FITZGEflALD
B CROOKSTON
Attomeye ano
Counselors
P.O. BOi 02]
McHtlbn, be~o
83802
Televeone BBBd081
and address of the firm which he
represents, and the kind of goods
offered for sale, or the kind of
services to be performed and which
application shall require the
applicant to state under oath and
upon penalty of perjury as
proscribed by IDAHO CODE, 18-5409,
that he has rea~he Idaho
Consumer Protection Act, Title 48,
Chapter 6 and the Home
Solicitation Sales Provisions of
28-32-501 and 502, Idaho Code,
that he has not in the past,-does
not presently, and will not in the
future violate any of the
provisions thereof, specifically
including section 48-603, Idaho
Code, and that he will
specifically comply with the
requirements of 48-603A, Idaho
Code, Unfair Solicitation
Practices. Such application shall
be accompanied by a bond in the
penal sum of TEN THOUSAND DOLLARS
($10,000.00), executed by a surety
company authorized to do business
in Idaho, or in lieu thereof, a
cash bond of equal amount,
conditioned upon the making of
final delivery of the goods
ordered or services to be
performed, in accordance with the
terms of such order, or failing
therein, that the advance payment
on such order be refunded. Any
person aggrieved by the action of
such solicitor shall have a right
of action on the bond for the
recovery of money or damages or
both. Such bond shall remain in
full force and effect, and in case
of cash deposit, such deposit
shall be retained by the City, for
AMBROSE,
FITZG ERALD
6 CROOKSTON
Anomeys ana
Counaelow
P.O. BOa t2]
Merltlian, Itla~o
83812
Telephone BB&MB1
4
a period of ninety (90) days after
the expiration of the license,
unless sooner released by order of
the City Council.
C. Each individual peddler or
solicitor shall be required to
obtain a license, and in the case
of a solicitor furnish the bond,
and a corporate license or
partnership license shall not be
required.
3-1004: LICENSE FEES:
A. PEDDLERS: PEDDLERS SHALL PAY A LICENSE FEE
OF:
$25,00 per month or fractional part
thereof
$65.00 for 3 months
B. SOLICITORS: SOLICITORS SHALL PAY A LICENSE
FEE OF:
$25.00 Monthly
$65.00 Quarterly
3-1005: REPORTS:
Every peddler and solicitor shall maintain a
log of each and every place, business,
residence or building where he has, in the
case of a peddler, offered to sell any
merchandise or service, or in the case of a
solicitor, solicited any order; that such
log shall state the name of the peddler or
solicitor, the name of the person spoken to
at the place or premises, the address, the
date and time of the offer of sale or
solicitation, and whether a sale was made or
an order taken and the amount involved in
the transaction; the peddler or solicitor
shall also maintain a receipt book for all
gMOROSE,
FITZGERFLD
fl CROOKSTON
Attorneys and
Couneelore
P.O. Box OZ7
MerlElOn, IOMIO
83002
rereononeeeo-uei
5
transactions which shall be available for
inspection by the City Clerk upon demand;
that the peddler or solicitor shall deliver
a true and correct copy of the log to the
City Clerk on the monthly anniversary of the
issuance of the peddler's or solicitor's
license; failure to maintain the log or
deliver a copy thereof to the City Clerk or
failure to maintain a receipt book shall be
grounds to terminate the license immediately
by the City Clerk; to re-obtain a license
the fees therefore shall again be paid prior
to re-issuance of a license.
3-1006: PROCEDURES FOR TAKING ORDERS:
All orders
shall be in
the terms t
advance, and
purchaser at
order.
taken by
writing,
hereof, a
one copy
the time
licensed solicitors
in duplicate, stating
nd the amount paid in
shall be given to the
of the taking of the
3-1007: APPEAL:
Any person denied a license or whose license
has been revoked by the City Clerk may
appeal to the City Council by submitting a
written appeal to the City Clerk within ten
(10) days after the action of denial or
revocation of the license; the City Council
shall hear the appeal within thirty-one (31)
days of the filing of the appeal.
3-1008: PENALTY:
Any person who violates any of the
provisions of this Chapter shall be guilty
of a misdemeanor and as punishment therefor
shall be fined not more than THREE HUNDRED
DOLLARS ($300.00) or serve not more than six
(6) months in the Ada County jail, or both
such fine and imprisonment. Additionally,
any applicant for a license having signed
AM BROSE,
FITZGERALO
6 CROOKSTON
AttorneYS aW
Counaetora
P.O. Boy 4Zl
MeflElan, IEA~o
83842
TelBPNOna 8884481
.,
the application under oath upon penalty of
perjury may be prosecuted under the laws of
the State of Idaho pertaining to perjury if
any portion of the application is found to
be untrue or if the applicant has been found
to have violated the Idaho Consumer
Protection Act or the Home Solicitation
Sales Provision and he has stated that would
not so violate those laws.
3-1009: CONSTITUTIONALITY:
In the event any portion or segment of this
Chapter is found to be unconstitutional the
remaining portion shall be unaffected and
enforceable.
SECTION 3: EFFECTIVE DATE: WHEREAS, there is an
emergency therefor, which emergency is 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/~ah day o1L~~e; 1989.
CITY OF MERIDIAN
'GRANT P. KIN S 0 D,! MAYOR
RMBROSE,
fITZGERRLO
S CROOKSTON
rl7iorneys end
Counselors
P.O. BOx 027
Merldlan, Ideoo
83802
TeleDltone BBB~O87
ATTEST:
7
-: ~;i • •
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING SECTION 2-106 OF
THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN; AND
RE-ENACTING SAID SECTION 2-106 TO AMEND THE FEE FOR INSPECTION
OF TRAILER HOUSES OR PREFABRICATED HOMES; 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 repeal Section 2-106 of the Revised
and Compiled Ordinances of the City of Meridian and to re-enact
said section to amend the inspection fee for inspection of
mobile homes, trailer houses and prefabricated homes;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1: That Section 2-106 of the Revised and Compiled
Ordinances of the City of Meridian is hereby repealed.
SECTION 2: That Section 2-106 of the Revised and Compiled
Ordinances of the City of Meridian is hereby re-enacted and
adopted and which shall read as follows:
2-106 PERMIT INSPECTION REQUIREMENTS FOR
MOBILE HOMES, TRAILER HOUSES, OR
PREFABRICATED HOMES: Any mobile home,
trailer house, or any structure or building
or any prefabricated structures constructed
prior to moving in or placement on any lot
or parcel within the City shall be
considered as a structure requiring a
building permit and inspection will be
required, for a minimum fee of Twenty-Five
FIATZGERALD Dollars ($25.00).
eCROOKSTON
Attorneys and
Couneelon
P.O. Box e2T
Merlolen, tUaho
BteR
Telephone 086M81
1
__ ' ~+'
SECTION 3: 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 oy~/~/y~~6r~r' i,
1989.
CITY OF MERIDIAN
c
BY: ~~ / ~
GR NT P. KIN F R.', MAYOR
AMBROSE,
FITZGERALD
60ROOKSTON
Attomeya aIM
Counselor
P.O. Box e27
McN01an, IEMo
B36/I
TelePlwne BB&ee61
ATTEST:
2
`_
:= f
r
ORDINANCE NO~Q~
AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING SECTION 3-
507.5A., REQUIRED SEPARATION BETWEEN MOBILE HOMES; AND ENACTING
A NEW SECTION 3-507.5A, REQUIRED SEPARATION BETWEEN MOBILE
HOMES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is a health and safety, and particularly a fire
safety and life safety code consideration, that mobile homes not
be placed to close to each other to prevent possible spread of
fire, and other damages in the event of catasrophies;
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 repeal the existing 3-507.5A and to
re-enact said section to provide for changes in the setback
requirements between mobile homes and therefore to enact a new
section 3-507.5A of the Revised and Compiled Ordinances of the
City of Meridian;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION I: That Section 3-507.5A of the Revised and
Compiled Ordinances of the City of Meridian is hereby repealed.
SECTION 2: That Section 3-507.5A of the Revised and
AMSROSE,
FITZG ERALD
H CROOKSTON
Atlomeye entl
Counaelonf
P.O. BOZ ~2T
Merltllan,ItlBlw
&7802
Telpllone B8&N81
Compiled Ordinances of the City of Meridian is hereby re-enacted
to read as follows:
1
3-507.5A REQUIRED SEPARATION BETWEEN MOBILE
HOMES:
A.) Mobile homes shall be
separated from each other and from
other buildings and structures by
at least ten (10) feet, which is
to be interpeted that each mobile
home shall be at least five (5)
feet from the property line or
mobile home space or lot property
line; provided that the mobile
homes placed end to end may have a
clearance of six (6) feet between
each other which is to be
interpeted that they shall have at
least three (3) feet setback from
the property line or the mobile
home lot line or space line where
opposing rear walls are
staggered, and if they are not
staggered they shall have the
clearance provided above which
requires ten (10) feet between
mobile homes or that the mobile
home be setback five (5) feet from
the property or lot line.
SECTION 3: EFFECTIVE DATE: WHEREAS, there is an emergency
AMBROSE,
F1T2G ERALP
S CROOKSTON
Al~omaye entl
Counaelon
P.O. Box 127
MBtitll9n, Itla~o
89812
TeleO~one 8881/81
therefor, which emergency is declared to exist, this Ordinance
shall be in full force and effect from and after its passage,
approval and publication according to law.
Z
1989.
PASSED AND APPROVED thi~ day of~G ~~ <<-~ ,
CITY OF MERIDIAN
R NT P. KINGS ORD, MAYOR
AMBROSE,
FITZGERALD
fl CROOKSTON
Attomeye and
Couneelora
P.O. Box ~2T
MerlElen, IEe~o
BJM1
TeleDMlns 8BNM1
.;; ..,
i ~
ORDINANCE NO.,~ ~,~
AN ORDINANCE AMENDING CHAPTER 1, TITLE 11 OF THE REVISED AND
COMPILED ORDINANCES OF CITY OF MERIDIAN BY THE ADDITION THERETO
OF A NEW SECTION TO BE KNOWN AS 11-102, FEE FOR COPIES OF
ZONING AND DEVELOPMENT ORDINANCE; AND PROVIDING FOR THE REPEAL
OF ALL ORDINANCES HERETOFORE PASSED BY THE CITY OF MERIDIAN IN
CONFLICT THEREWITH AND SPECIFICALLY SECTION 5 OF ORDINANCE N0.
430; 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 provide for increased fees for
copies of the Zoning and Subdivision Ordinances;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1: That Section 5 of Ordinance No. 430 of the City
of Meridian is hereby repealed.
SECTION 2: That Chapter 1, Title 11 of the Revised and
Compiled Ordinances of the City of Meridian is hereby amended by
the addition thereto of a new section to be known as 11-102, FEE
FOR COPIES OF ZONING AND DEVELOPMENT ORDINANCE, which shall read
as follows:
11-102: FEE FOR COPIES OF ZONING AND DEVELOPMENT
ORDINANCE:
AMBROSE,
FIT2GERALO
d CROOKSTON
Attomeya end
Counealoro
P.O. ~a 4Y7
Matitlian, Itlallo
836<2
Telepaone 88&N81
That the Zoning Ordinance and the Subdivision and
Development Ordinance are voluminous; that at least 3
copies of the Zoning Ordinance and the Subdivision
Ordinance shall be maintained in the office of the
City Clerk for review; that anyone shall be provided a
copy of the Zoning Ordinance and the Subdivision
Ordinance upon payment of a fee of $15.00.
1
._ -.
i ~
SECTION 3: EFFECTIVE DATE: WHEREAS, there is an emergency
therefor, which emergency is 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/,~f~i day of~/ro,~h~-~ ,
1989.
CITY OF MERIDIAN
GRANT P. KINGSF RD, AYOR
gMBR08E,
FIRGERALD
6 CROOKBTON
gllofnBye One
Counselors
P.O. BOC 127
MsrlAlan, IOalro
83812
Telap8one 88&1181
ATTEST:
"~`
j,..f~k'v~t / f Uri.-.-o-._-~
JACK NI7=MA~, CITY CLERK
2
_ ~,
i
895224
ORDINANCE N0~
INTERWEST FINANCIAL AND LEE AND LEONARD STOCKER
ANNEXATION & ZONING
AN ORDINANCE ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS
DESCRIBED AS A PORTION OF THE SOUTH HALF OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER; A PORTION OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; AND
THE NORTH 28 ACRES OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER; ALL IN THE SECTION 5, T. 3 N., R. 1 E., BOISE MERIDIAN,
ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council and the Mayor of the City of
Meridian have concluded that it is in the best interest of said
City to annex to the said City real property which is
hereinbelow described:
The South half of the Southwest Quarter of
the Northwest Quarter, the Southwest Quarter
of the Southeast- ,Q~;ar,~er of the Northwest
Quarter; and the ~~loi~'th 28 acres of the
Northwest Quarter of the Southwest Quarter;
all in the Section 5, T. 3 N., R 1 E., Boise
Meridian, Ada County, Idaho, more
particularly described as follows:
Commencing at the West Quarter Corner of
Section 5, T. 3 N., R. 1 E., 8. M., Ada
County, Idaho, said point being the POINT
OF BEGINNING:
gMSROSE,
FITZGERALD
SCROOKSTON
Altomaye and
CounaelOra
V.O. Boz AZT
MerlElsn, WaNo
838x2
Teleptane 88&1181
Thence N. 0° 24'25" E. 665.35 feet to a
point,
thence S. 89°35'50" E. 1982.67 feet to a point,
thence S. 0° 26'42" W. 663.55 feet to a
point,
thence N. 89°38'58" W. 655.74 feet to a point,
thence S. 0°26'48" W. 912.b1 feet to a point,
thence S. 89°50'22" W. 1326.48 feet to a point,
thence N. 0°26'30" E. 924.44 feet to the
POINT OF BEGINNING: containing 58.21 acres,
more or less.
i i
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
Section 1: That the above described and referenced real
property is hereby annexed to the City of Meridian, and shall be
zoned R-8 Residential; PROVIDED, HOWEVER, that even though the
land is zoned R-8 Residential, it shall only be developed as and
have constructed on the lots, single family dwelling units;
that reason for the R-8 zoning is because some of the lots do
not have sufficient street frontage to meet R-4 zoning
requirements.
Section 2: That the property shall be subject to de-
annexation if the owner or his assigns, heirs, or successors
shall not plat the property, and designate on the plat that
only single family dwellings shall be allowed, construct water
and sewer line extensions to serve the property, and construct
streets to and within the property, which condition subsequent
shall run with land and also be personal to the owners, Mr. and
Mrs. tee Stucker and Mr. and Mrs. Leonard Stucker.
Section 3: That the City Clerk shall cause one (1) copy of
the legal description and map which shall plainly and clearly
designate the boundaries of said property, to be filed with the
Ada County Recorder, Ada County Assessor, and the State Tax
gM8RO3E,
FITZGERpLD
B CROOKSTON
gitolney9 eno
Counselore
P.O. Box 127
MsrlElen, IEeho
38812
Telephone 3881181
..i~ • •
Commission within ten t10) days following the effective date of
this Ordinance.
Section 4: This Ordinance shall be in full force and
effect from and after its passage, approval and publication as
required by law.
PASSED by the City Council and Approved by the Mayor of the
City of Meridian, Ada County, Idaho, this ~~ day o ~o~-r' ,
1989.
APPROVED:
~~. / ~~' ,
MA R
EST:
AMBROSE,
FITZGERALD
S CROONSTON
Attorneys and
Counselor
P.O. Boa IY7
MeriElan,IMlro
83841
TelaDlions 8881461
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 ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS
DESCRIBED AS THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER, THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER; AND THE NORTH 28 ACRES OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; All IN THE SECTION
5, T. 3 N., R. 1 E., BOISE MERIDIAN, ADA COUNTY, IDAHO; AND
PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. ~~y.z
b~ the Ci f~ouncil and Mayor of the City of Meridian, on the _
l7~ day o ~/¢-o <r' 1989.
DATED this~~ day of~~{?~o~j.!'~ 1989..
/wa CAUnty, 1iWho w
Request ti 1
DR7E~N~8AST DA7'$-/,~
(')ORDER ~`
ey ~ t~
Deputy ~ ~ t " "
STATE OF IDAHO,)
ss.
County of Ada, )
On this 18 day of October 1989, before me, the
undersigned, a Notary Pub is-1-` in and for the said State,
personally appeared JACK NIEMANN, known to me to be the person
who subscribed his name to the within and foregoing instrument,
and acknowledged to me the executed the same.
AMBROSE,
FITZGERAID
S CROOKSTON
Attorneys entl
Counselors
R.O. Boa 411
Metltllen, ItlMo
B3B/2
Teleononeeee+4et
IN WITNESS WHEREOF, I
my official seal the day
above written.
~~; "<
e~ 7
".~
SEAL
have hereunto set my hand and affixed
and year in this certificate first
~--
o ary Pub is for Idaho
R siding at Meridian, Idaho
y commission expires 4-1-1993
RESOLUTION NO.~
A RESOLUTION BY THE CITY OF MERIDIAN PURSUANT TO ORDINANCE N0.
515 SETTING THE FEE FOR ALCOHOL PERMITS IN THE CITY PARKS.
WHEREAS, by Ordinance No. 515, the City Council allowed
consumption of alcoholic beverages in the City parks, provided
a permit was obtained and authorized the City Council to set a
fee for such permit.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
That the fee for issuance of a permit for
possession and/or consumption of alcoholic
beverages in the Meridian City Parks is
hereby set at Ten ($10.00) dollars.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR OF THE
CITY OF MERIDIAN, this 17th day of October, 1989.
APPROVED:
~~ ~'
T P. KI GS OR AY R
ATTEST:
`~
~. , I
JACK NI
AMSROSE,
FITZGERALD
S CROOKSTON
Atlorneye entl
Counselors
P.O. SOZ e27
Meritlian, Itle~o
8382
Talepftone SSSi~81