Loading...
HomeMy WebLinkAbout1983 12-05r • • • • A G E N D A MERIDIAN CITY COUNCIL December 5, 1983 ITEM: Minutes of Vote Canvass Held November 10, 1983 APPROVED Minutes of Regular Meeting Held November 21, 1983 APPROVED 1. Bid Opening on New Vehicle for Police Department APPROVED Meridian Ford - $10,278.00 2. Pre-Termination Hearing Water/Sewer/Trash Delinquencies APPROVED $3,144.25 Outstanding 3. Bills APPROVED 4. PUBLIC HEARING: Proposed Comprehensive Plan Admendment Changes TABLED 5. Department Reports 6. prdinance No. 427 APPROVED Meridian Citv Council Dec. 5, 1983 Regular meeting of the Meridian City Council called to order by Mayor Joseph Glaisyer at 7:30 p.m. Council Members Present: Grant Kingsford; Ron Tolsma; Rick Orton Jr.; Bill Brewer Others Present: Doug Nichols; Earl Ward; Norman Fuller; Bruce Stuart; Kenny Bowers; Steve Gratton; Darwin Buchanan; Wayne Crookston Jr.; R.C. Spencer; Jack Niemann The Motion was made by Brewer and seconded by Kingsford to approve of .the minutes of the Vote Canvass held November 10, 1983. Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea; The Minutes of the meeting held November 21, 1983 were approved as written. Item 1 Bid Opening for New Vehicle for Meridian Police Department Mayor Glaisyer announced thatthere was only one bid received. The bid was from Meridian Ford for $10,278.00. A bid bond was included. The Motion was made by Kingsford and seconded by Tolsma to approve of the bid from Meridian Ford in the amount of $10,278.00 subject to the Chief of Police verifying that the bid specifications are correct. Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea; Item 2 Pre-Termination Hearing Water/Sewer/Trash Delinquencies The amount outstanding is $3,144.25. Mayor Glaisyer read: "This is to inform you if you choose to, you have the right to a pre-termination hearing, at 7:30 p.m. December 5, 1983, before the Mayor and Council, to appear in person to be judged on facts and defend the claim made by the city. that your water, sewer and trash billisdelinquent. You may retain counsel. This service will be discontinued December 12, 1983, unless payment is received in full." Mayor Glaisyer: "IS there anyone present that wishes a pre-termination hearing on their Water/Sewer/Trash bill?" There was no response. Mayor Glaisyer: "Pre-termination hearing closed." "Due to their failure to pay their. water bill or to present any valid reason why the bill has not been paid, their water shall be turned off on December 12th, 1983. In order to have their water turned back on, there will be an additional fee of $10.00. 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 Motion was made by Kingsford and seconded by Tolsma to approve of the turn off list for December. (On file with these Minutes.) Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea; Item 3 Bills The bills were presented. The Motion was made by Kingsford and seconded by Brewer to approve of the bills. Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea; Council 2. Dec. 7 Item 4 PUBLIC HEARING:' Proposed Comprehensive Plan Admendment Changes Mayor Glaisyer opened the Public Hearing Norman Fuller, 1103 W. Camellia, Meridian: "I would like to ask the Council to continue the hearing until the Chamber makes its recommendation on the Ordinances." "The might possibly be some recommendations in there that might take an admendment to the Comprehensive Plan." "I don't think that Ordinance can live up to the goals and objectives of the Comprehensive Plan." Fuller cited Goal 4, page S as an example,"TO provide housing opportunities for all economic groups within the community." Fuller said that the Council would probably have "some pretty hard decisions" on how lower income people would be able to get a house. Darwin Buchanan, 2014 8th Street, Meridian, was present representing the Chamber of Commerce. Buchanan said that the Chamber would also like to recommend a delay on the hearing until such time that the committe appointed by the Chamber had time to digest the proposed changes. Kingsford: "IS the time frame that was set for the Ordinances - is that going to be adequate?" Buchanan: "Yes, 2 think so." The Motion was made by Kingsford and secondedby Tolsma toclose the Public Hearing on..the proposed Comprehensive Plan Admendment Changes and to take written testimony up to January 16, 1984. Motion Carried: Kingsford yea; Tolsma, yea; Orton, yea; Brewer, yea; Item 5 Department Reports Police Chief Nichols reported that the bid specifications for the new vehicle were in order. Item 6 Ordinance No. 427 There was discussion concerning section 8-1805 (B) of Ordinance No. 427. (Tape on file - City Clerk's Office) City Attorney Wayne Crookston Jr. assured the Council that this portion of the. Ordinance would do what was intended. Mayor Glaisyer presented Ordinance No. 427: "AN ORDINANCE REPEALING CHAPTER 18, TITLE 8; REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, ENTITLED ABANDONED; WRECKED VEHICLES, IN ITS ENTIRETY, AND ENACTING IN ITS PLACE A NEW CHAPTER 18, TITLE 8, OF SAID ORDINANCES, TO BE ENTITLEDABANDONED; WRECKED; OR. STOLEN VEHICLES; OR PERSONAL PROPERTY." Mayor Glaisyer: "Is there anyone present that wishes Ordinance No. 427 read. in its entirety?" There was no response. The :Motion was made by Kingsford and seconded by Tolsma that the rules and provisions of 50-9002 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance Number 427 as read be passed and approved. Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea; Being there no other business to come before the Council . The Motion was made by Brewer and seconded by Orton to adjourn at 7:50 p.m. ~J Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea; ATTEST: pc: Mayor & Council (5) P&z Comm. (6) • • • • Earl; Bruce; Vern; Police; Fire; JUB; Atty; Kiebert; APA; ACZD; ACC; NM2; CDH; ACHD; Statesman; Valley; Press; Hein; ., ',-! , ' • • • • AM BROSE, FITZOERALD BCROOKSTON Apomsye snE Countalore P.O. Boy 127 IMrI01Y1, N1No 89812 Telsp1io11188B.N81 ORDINANCE NO. /,..j,Z,rJ AN ORDINANCE REPEALING CHAPTER 18, TITLE 8, REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, ADA COUIQTY, IDAHO, ENTITLED ABANDONED; WRECKED VEHICLES, IN ITS ENTIRETY, AND ENACTING IN ITS PLACE A NEW CHAPTER 18, TITLE 8, OF SAID ORDINANCES, TO BE ENTITLED ABANLONED; WRECKED.; OR STOLEN VEHICLES; OR PERSONAL P:OPERTY. .WHEREAS, the City. Council and the I4ayor of the City of Meridian, Idaho have concluded that it is in the best interest of said City to repeal Chapter 18, Title 8, Abandoned; Wrecked Vehicles, and to replace the same with a new Chapter 18, Title 8, to be entitled Abandoned; Wrecked; or Stolen Vehicles; or Personal Property, to become effective upon approval hereof, NOW, THEREFORE, BE IT ORDAINED BY THE Pf,AYOR OF THE CITY OF R'IERIDIAN, AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, Section 1. That Chapter 18, Title 8 shall be repealed in its entirety and the same replaced with a new Chapter 18, to be entitled Abandoned; Wrecked; or .Stolen Vehicles; or Personal Property to become effective upon approval hereof, and to read as follows: II-1801: AUTHORIZATION OF POLICE DEPARTMENT: The Police Department is hereby authorized in addition to any penalty that may be provided therefor, to remove an abandoned, unidentified, stolen, or wrecked vehicle or other personal property as herein defined, found upon any public thoroughfare or other property of the ",unicipalit_) and shall keep the same in its custody and control at such place as may be designated by said Police Department until redeemed by the owner; and all such unidentified; stolen, wrecked or abandoned vehicles or other personal property which novr is in the possession of the Police Department shall be subject to the actual cost of removal or tow-in r AMBROSE, FITZOERALD dCROOKSTON Altomhx anG Coun~abn P.O. Box I2f Marl0l~n, ItlNo BM1Y TelspKdN BBB~BI F • • • • from the public place and a storage of Two Dollars ($2.00) per day as long as the same is in possession and custody of the Police Department. "Vehicle" is hereby described as every device in, upon or by which any person or property is or may be transported or drawn upon a public or private street or highway. sight. "Unsightly" is hereby defined as not being pleasing to the "Unidentified vehicle or other personal property" is hereby defined to be such vehicles or other personal property of which the ownership cat>;not be ascertained. "Stolen vehicles or other personal property" is hereby defined to be that property which the Police Department has rea- sonable grounds to believe to be stolen. "Abandoned vehicle or other personal property" is hereby defined to be a vehicle or personal property which remains upon the street or other public property for a period of time longer than forty eight (48) hours, the owner of which cannot be located or the owner refuses to remove the same. 8-1802: VEHICLES ABANDONED ON STREETS OR PUBLIC PLACES: It shall be unlawful for any owner or any person in charge of a vehicle or other personal property to leave or abandon the same upon the streets or public places. 8-1803: PUBLIC NUISANCE: The existence, accumulation or storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property is hereby found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to health and safety of minors, to create a harborage of rodents and insects and to be injurious to the health, safety and general welfare of the residents of the City. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof on private or public property, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such is in accordance with the provisions of this Ordinance. Definition. An abandoned, wrecked, dismantled or inoperative vehicle, or part thereof, hereinafter called a junk vehicle shall be defined as an unsightly vehicle or a part or parts therefrom, which meets any one of the following qualifications: AMBRDSE, FIRGERgID d CROOKSTON Atlomsys snE Counwlas P.O. Box 12T MsrMlen, IOMIO 83812 TalaplwM BB&/Nt (A) It does not carry a current valid State registration or license plates. (B) It cannot be safely operated under its own power. (C) It is not in a garage or other buildings. (D) It does not have any one of the following: Foot brakes, hand brakes, headlights, taillights, horn, muffler, rearview mirrors, windshield wipers or adequate fenders. (E) It has been physically damaged: (F) Part or parts of the vehicle have been removed. (G) It is in a dilapidated condition. 8-1804: JUNK VEHICLE: It shall be unlawful for any person or persons, firm, partnership or corporation to maintain, store, park or keep a junk vehicle, vehicles, or parts thereof on residentially zoned property or commercially zoned property, or on property, public or private, which is otherwise zoned but used for residential or commercial uses. 8-1805: EXEMPTIONS: This Ordinance shall not apply to: (A) A junk vehicle or part thereof which is completely enclosed within a building or in such a manner that it is not visible from the street or other public or private property; (B) A vehicle or part thereof which is (a) stored or parked in a lawful manner on private property in connection with :the business of a licensed dismantler, licensed vehicle dealer, a junk dealer, or (b) when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise, and, pertaining to both (a) and (b) above, such business is conducted in a zone wherein such business is allowed to be conducted. 8-1806: ORDER TO REMOVE JUNK VEHICLEc Ahy member-. of the Police Department or Building Department may order any junk vehicle, vehicles or part thereof, not within the exceptions to this Ordinance, removed after ten (10) days prior notice of intention to remove the junk vehicle. 8-1807: NOTICE OF REMOVEL: Notice of such order shall be placed upon said junk vehicle, vehicles or parts thereof. Copies of said notice shall be served upon any adult occupying or owning the real estate on which the junk vehicle, AM BflOSE, FITZG ERALD B CROOKSTON Atlomeys MG Counselors P.O. Box s27 Merlolm, WeKo B3N2 TBIapMne EBS~sE1 vehicles or parts thereof are located and upon the owner of the junk, if known. If no occupant of the real estate or owner of the junk vehicle, vehicles or parts thereof can be found, a notice affixed to any building on the real estate or upon the junk vehicle shall constitute notice to the owner or occupant of the real estate and to the owner of the junk vehicle, vehicles or parts thereof. If there is no building on the real estate, said notice may be affixed elsewhere on the real estate. 8-1807A: A NOTICE OF UNLAWFUL USE OF PF.OPERTY: The notice given as provided in Section 8-1807 above shall also contain a notice to the owner or occupant of the property, or whoever the notice is given to, that the property may not be used to maintain, store, park or keep junk vehicles and that additional violations or continued violations are unlawful and continued vio- lations shall be punishable as provided in Section 8-1808B; the notice shall also contain a provision that additional or continued violations by the same person, firm, partnership or corporation or on the same property do not require the notice required in 8-1807 prior to removal or prosecution. One notice that the property may not be used to violate this Ordinance shall be sufficient. 8-1808: REFUSAL TO REMOVE VEHICLE: It shall be unlawful .and a misdemeanor for any person to fail or refuse to remove a wrecked, junk vehicle, vehicles or parts thereof or refuse to abate such nuisance when ordered to do so in accor- dance with the provisions of this Ordinance. 8-1808A: PENALTY: Any person, partnership, firm or corporation found guilty of violating this Ordinance may be sentenced to a maximum of six (6) months in the County jail or fined three hundred dollars ($300.00), or both such fine and imprisonment for each such violation. Each day any person, partnership, firm or corporation continues to main- tain, store, park, or keep any junk vehicle or vehicles in viola- tion of this Ordinance after the notice and order to remove said junk vehicle or vehicles has been served or posted shall be deemed a separate violation of this Ordinance. 8-1808B: PENALTY FOR ADDITIONAh OR CONThNUED VIOLATION: Any person, firm.; partnership or corporation guilty of violating the provisions of this Ordinan e and found to have previously violated this Ordinance shall be sentenced to a minimum of ten (10) days in jail and shall be filed Three Hundred Dollars ($300.00) for each day the junk vehicle or vehicles are maintained, stored, parked, or kept in violation of this Ordinance. The pro- visions of this section shall be mandatory. 8-1809 HINDEFSNG AUTHORIZED PERSON: It shall be unlawful and a misdemeanor to interfere with, hinder or refuse to allow any authorized City officer or employee to enter upon private or public property to enforce the provisions of this Ordinance. 8-1810: REMOVAL OF JUNK VEHICLE: If said junk vehicle,. vehicles or parts thereof are not removed within the time so fixed, the Police Department or Building Department may cause said junk vehicle, vehicles or parts thereof to be removed and the actual costs of removal or tow-in charge and a storage of Two Dollars ($2.00) per day for so long as the same is in possession and custody of the City shall be charged to the owner. In the event said junk vehicle, vehicles, or parts thereof are not claimed by the lawful owner, then and in that event the same shall be sold according to law. 8-1811: ENFORCEMENT: The provisions of this Ordinance maybe enforced criminally or civilly by means of injunction and in the event of civil enforcement, the violator shall be liable for all costs and attorney fees of the proceedings. Section 2. That this Ordinance shall take effect and be in force and effect from and after its approval, passage and publica- tion 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 nl'Ct:rYlAet~ 1983. ATTEST: AMBROSE, FITZGERA~D B CROOKSTON Attomays anE Couneelon P.O. Bo..T7 " I' Menel an,Zaano ~/ 'gy /~r ~ i ~ ( p - Telsplana MINIEI m{/~~ I~S ..1/tom