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15-1664 Updating Title 2 Regarding City Committees and Commissions Terms and Number of SeatsCITY OF MERIDIAN ORDINANCE NO. � �) f � b b L' BY THE CITY COUNCIL: BIRD, BORTON, CAVE, NER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING TITLE 2, BOARDS AND COMMISSIONS OF THE MERIDIAN CITY CODE, REGARDING CHAPTERS 1-7 HISTORIC PRESERVATION COMMISSION; PARKS AND RECREATION COMMISSION; TRANSPORTATION COMMISSION; PLANNING AND ZONING COMMISSION; ARTS COMMISSION; SOLID WASTE ADVISORY COMMISSION; AND BOARD OF ADJUSTMENT; AND REPLACING TITLE 2, COMMISSIONS AND COMMITTEES OF THE MERIDIAN CITY CODE CHAPTERS 1-8 REGARDING COMMISSIONS; COMMITTEES, BOARDS, COALITIONS; ARTS COMMISSION; HISTORIC PRESERVATION COMMISSION; PARKS AND RECREATION COMMISSION; PLANNING AND ZONING COMMISSION; SOLID WASTE ADVISORY COMMISSION; TRANSPORTATION COMMISSION AND BOARD OF ADJUSTMENT; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is established in the Idaho and Meridian City Code that certain Commissions and Committees may be created for a specific purpose to assist the Mayor and City Council with gathering information and making recommendations or decisions to carry out specific City purposes; and WHEREAS, it is inherent in the powers of the Mayor and the City Council in the Idaho and Meridian City Codes to establish other Commissions or Committees, et.al, for similar purposes; and WHEREAS, it is the desire of the Mayor and City Council to create clear definitions of Commissions and Committees and to create standards for the formation and functions of the groups as they provide necessary information and advice to the elected officials of the City; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 2 is repealed and replaced to read as follows: TITLE 2 COMMISSIONS AND COMMITTEES CHAPTER 1 COMMISSIONS; COMMITTEES, BOARDS, COALITIONS 2-1-1: COMMISSIONS: MERIDIAN CITY CODE TITLE 2 - COMMISSIONS AND COMMITTEES PAGE 1 OF 19 The following provisions shall apply to all city commissions including, but not limited to, the Arts Commission, Historic Preservation Commission, Parks and Recreation Commission, Planning and Zoning Commission, Solid Waste Advisory Commission, and Transportation Commission. A. Definitions: 1. The mayor has the authority to create various commissions to advise the Mayor and City Council on the specific subjects established for the commission. 2. Commissions shall be created by ordinance and approved by the City Council and shall be subject the Idaho Code provisions in regards to open meetings including but not limited to taking of minutes and shall be open to the public to attend. 3. The City Council may eliminate any commission at any time by repealing the Commission's enabling ordinance, unless a different procedure is required by the Idaho Code. B. Roles and Responsibilities 1. Advisory To City Council: All commissions, except for the Planning and Zoning Commission, shall be deemed advisory and shall report and make recommendations to the mayor and city council. All actions of the commission shall be subject to approval by the mayor and city council and after such approval shall have the force and effect of ordinance. 2. Annual Report: The commission chair shall submit an annual report to the mayor and city council regarding the commission's activities and accomplishments in the furtherance of the objectives of this title. This shall not apply to the Planning and Zoning Commission. C. Membership: Appointment: Commission members shall be appointed by the mayor and approved by the city council on a vote of a majority of the city council members, and commission members may, in like manner, be removed. 2. Size: Commissions shall consist of up to nine (9) members that are over eighteen (18) years of age, at the time of appointment, with one member who may be designated to represent youth, which commission member may be at the time of appointment, under eighteen (18) years of age. 3. Compensation: All commission members and the officers thereof shall serve without salary or compensation for their service on the commission. This shall not apply to paid City or other governmental staff on commissions as part of their work assignment MERIDIAN CITY CODE TITLE 2 -COMMISSIONS AND COMMITTEES PAGE 2 OF 19 4. Terms: All commission terms shall be for a period of three (3) years except that one position that may be designated to represent youth, for all commissions except for Planning and Zoning, which commission member shall serve for a term of one (1) year. Commissioners appointed prior to the passage of this ordinance may serve the full term that they were appointed to initially and the number of terms shall not be counted towards any subsequent limitations. 5. Maintaining list of Members: The City Clerk shall maintain a record of the current and future commission seats with the starting and ending dates of each respective term identified. Any new seat added as a result of this ordinance may be for a partial period of time for the initial appointment to allow the seat to align with the other seats on the respective commission. 6. Expiration of Terms and Re -appointments: When a commission term expires the position shall be publicly noticed for appointment to the commission seat. The incumbent commissioneK may re -apply for the same seat. Appointments shall be done as described in this Section. 7. Successive Terms: Commissioners may serve up to two (2) consecutive full terms, and including any partial term they may serve prior to appointment to a full term, without separate approval. A third or all successive terms must be approved by a unanimous vote of the full City Council unless otherwise provided by law or ordinance. 8. Termination: Any Commissioner may have their appointment terminated in the same manner as they were selected, unless required otherwise by law. Additionally, any Commissioner that misses one-half of the meetings that are held in any twelve month period shall have their appointment automatically terminated. 9. City Council and City Staff members: All commissions shall have a Councilmember Liaison as an ex -officio member of the Commission without voting rights, the City Attorney or designee, and a designated staff member for support assigned to each commission. D. Budget 1. A commission may be provided a budget with the approval of the City Council. 2. The commission's budget may be created through the legally required budgetary process and as determined by the Idaho Code, Meridian City Ordinance or City policy may receipt and expend funds, goods, and services from the federal government or agencies and instrumentalities of state or local governments, or from civic and private sources, and may contract with these entities and provide information and reports as necessary. MERIDIAN CITY CODE TITLE 2 -COMMISSIONS AND COMMITTEES PAGE 3 OF 19 3. The budget and any expenditures shall be administered, consistent with the City's policies, by the designated city department or staff liaison(s) and as when required be forwarded to the City Council for approval. 2-1-2: COMMITTEES, BOARDS, COALITIONS: A. Definitions: 1. The mayor has the authority to create various committees, boards, task forces, or coalitions to advise the Mayor and/or the City Council on the specific subjects established for the group. 2. Unless created by ordinance or statute this type of group shall not be subject the Idaho Code provisions in regards to open meetings. 3. The provisions of this section do not apply to the Impact Fee Advisory Committee as described in Meridian City Code Title 10 Chapter 7 and the Board of Adjustment described in the Meridian City Code in this title. B. Membership: 1. Appointment: Committee members shall be selected by the mayor and shall serve at the pleasure of the mayor. 2. Size: Committees may vary in size dependent upon their purpose and scope. Compensation: All committee members and the officers thereof shall serve without salary or compensation for their service on the committee. This shall not apply to paid City or other governmental staff on committees as part of their work assignment 4. Expiration of Committee or Terms of Members: A committee shall expire when the scope and purpose is completed or the mayor determines that the committee is no longer necessary. CHAPTER 2 ARTS COMMISSION 2-2-1: ESTABLISHMENT: There is hereby established an arts commission, the purpose of which shall be to highlight the city's rich cultural resources, enhance the city's aesthetic environment, and promote the development of economic, educational, recreation, and tourism opportunities within the city through the advancement of publicly accessible arts. 2-2-2: DUTIES AND POWERS: Commission Authority: The arts commission shall be authorized to: MERIDIAN CITY CODE TITLE 2 - COMMISSIONS AND COMMITTEES PAGE 4 OF 19 1. Assess the needs of the Meridian community with regard to the arts and make such information available to the city council and all interested agencies and persons; 2. Stimulate awareness and appreciation of the importance of publicly accessible art and its benefits to the community; 3. Encourage the growth and preservation of the city's art resources, foster the development of a receptive climate for the arts, and promote self-sustaining arts programs within the city; 4. Review and advise the city council on the aesthetic aspects of works of art or public monuments under consideration to be accepted or commissioned by the city of Meridian; 5. Promote the development of, and provide general information and encouragement to, the city's cultural organizations, artists, institutions and community organizations sponsoring arts activities; 6. Seek and encourage financial support, including, but not limited to, grants, loans and guarantees to artists, arts institutions and community organizations sponsoring arts activities and publicly accessible arts in the city, subject to city council approval; 7. Recommend to city council, within the limits of the commission's funding, the employment of or the contracting with other parties for the services of technical experts or other persons as it deems necessary to carry on the functions of the commission; 8. Prepare and submit budgetary recommendations to city council for expenditures necessary for the continuation and development of public programs furthering the arts; 9. Cooperate with federal, state, and local governments, schools, and private arts organizations, in the pursuance of the objectives of this chapter; and 10. Recommend ordinances and otherwise provide information for the purposes of advancement of publicly accessible arts in the city. 2-2-3: MEMBERSHIP; QUALIFICATIONS: All members of the arts commission shall have an interest, competence, or knowledge in the arts. 2-2-4: ORGANIZATION: A. Officers: At the first meeting of each calendar year, the members of the arts commission shall meet and organize by electing a chair, vice chair, and such other officers as may be necessary. The arts commission may request assistance from the city clerk. MERIDIAN CITY CODE TITLE 2 - COMMISSIONS AND COMMITTEES PAGE 5 OF 19 B. Rules And Bylaws: The arts commission shall adopt bylaws, rules and regulations for the proper conduct of the business of the commission. The bylaws, rules and regulations are subject to the approval of the mayor and city council after recommendation by the commission. 2-2-5: MEETINGS: The arts commission shall convene regular meetings at Meridian City Hall, 33 East Broadway, Meridian, Idaho, each month at three thirty o'clock (3:30) P.M. on the second Thursday of each month unless, at the first meeting of each calendar year, the commission shall establish a meeting schedule for the calendar year in which event the published schedule shall apply. The commission shall keep appropriate written records of its resolutions, proceedings, and actions. The commission shall allow and promote public participation in the meetings of the commission. Additional meetings of the commission may be scheduled by the commission as necessary to carry out the business of the commission. CHAPTER 3 HISTORIC PRESERVATION COMMISSION 2-3-1: ESTABLISHMENT: There is hereby established a historic preservation commission, the purpose of which shall be to promote the educational, cultural, economic and general welfare of the public of the city through the identification, evaluation, designation, documentation, and protection of those buildings, sites, areas, structures, and objects which reflect significant elements of the city's, the state's, and the nation's historic, architectural, archaeological, and cultural heritage. 2-3-2: DUTIES AND POWERS: Commission Authority: The historic preservation commission shall be authorized to: 1. Conduct a survey of local historic properties. 2. Recommend the acquisition of fee and lesser interests in historic properties, including adjacent or associated lands, by purchase, bequests, or donation. 3. Recommend methods and procedures necessary to preserve, restore, maintain and operate historic properties under the ownership or control of the city. 4. Recommend the lease, sale, other transfer or disposition of historic properties subject to rights of public access and other covenants and in a manner that will preserve the property. Negotiate and recommend to city council, within the limits of the historic preservation commission's funding and in accordance with applicable laws and city policies, MERIDIAN CITY CODE TITLE 2 - COMMISSIONS AND COMMITTEES PAGE 6 OF 19 including those regarding purchasing, the employment of or the contracting with other parties, organizations, or governmental entities for the services of technical experts or other persons as it deems necessary to cagy on the functions of the historic preservation commission. 6. Cooperate with the federal, state and local governments in the pursuance of the objectives of historic preservation. 7. Make recommendations in the planning processes undertaken by the county, the state, or the federal government and the agencies of these entities. 8. Recommend ordinances and otherwise provide information for the purposes of historic preservation in the city. 9. Promote and conduct an educational and interpretive program on historic preservation and historic properties in the city. 10. Review nominations of properties to the National Register of Historic Places for properties within the city's jurisdiction. 11. Recommend for city council approval such ordinances, special conditions or restrictions as may further the protection, enhancement, and preservation of historic properties, as authorized by Idaho Code section 67-4612. 12. Historic preservation commission members, employees or agents of the historic preservation commission may enter private property, buildings, or structures in the performance of their official duties, only with the express consent of the owner or occupant thereof. 2-3-3: MEMBERSHIP; QUALIFICATIONS: All members of the historic preservation commission shall have a demonstrated interest, competence, or knowledge in history or historic preservation. The city council shall endeavor to appoint at least two (2) members with professional training or experience in the disciplines of architecture, history, architectural history, urban planning, archaeology, engineering, law, or other historic preservation related disciplines. 2-3-4: ORGANIZATION: A. Officers: At the first meeting of each calendar year, the members of the historic preservation commission shall meet and organize by electing a president, vice president and such other officers as may be necessary. The historic preservation commission may request assistance from the city clerk. B. Rules And Bylaws: The historic preservation commission shall adopt bylaws, rules and regulations for the proper conduct of the business of the commission. All commission MERIDIAN CITY CODE TITLE 2 - COMMISSIONS AND COMMITTEES PAGE 7 OF 19 bylaws, rules and regulations are subject to the approval of the mayor and city council after recommendation by the commission. 2-3-5: MEETINGS: The historic preservation commission shall convene regular meetings at Meridian City Hall, 33 East Broadway, Meridian, Idaho, each month at five thirty o'clock (5:30) P.M. on the second Thursday of each month unless, at the first meeting of each calendar year, the commission shall establish a meeting schedule for the calendar year in which event the published schedule shall apply. The commission shall keep appropriate written records of its resolutions, proceedings, and actions. The commission shall allow and promote public participation in the meetings of the commission. Additional meetings of the commission may be scheduled by the commission as necessary to carry out the business of the commission. CHAPTER 4 PARKS AND RECREATION COMMISSION 2-4-1: ESTABLISHMENT: There is hereby established a parks and recreation commission, the purpose of which shall be to work in conjunction with the parks department staff, and to advise the mayor and the city council in the orderly and efficient administration of the city parks and recreation system as hereinafter amended, and any other ordinances hereinafter enacted and amended relating to parks, urban forestry and recreation. 2-4-2: DUTIES AND POWERS: Commission Authority: The parks and recreation commission shall be authorized to: 1. Advise the city council and the mayor as to the best use of all public parks and any land or lots hereinafter purchased, leased, devised and bequeathed to the city for park and recreation purposes, and as such to make recommendation regarding the ornamenting, adorning, laying out and improving of the grounds of said parks. 2. Study economic and physical conditions and problems in connection with the maintenance, operation, management, control and use of all the public park grounds, park and playground facilities in the city. 3. Propose and recommend rules and regulations for the control and regulation of the use of the public park grounds, buildings, and playground facilities; subject to approval by the mayor and city council. 4. Study and propose plans, and recommend rules and regulations for the planting, growing, care, regulation and control of trees and shrubbery in all public places. MERIDIAN CITY CODE TITLE 2- COMMISSIONS AND COMMITTEES PAGE 8 OF 19 5. Represent the public interest in making suggestions and recommendations for the development, use and expansion of needed and required playground and other recreational and leisure program activities. 6. Propose plans, recommendations and suggestions for the future growth, development and regulation of park, playground, and recreation facilities of the city. 7. Set priority to plans, recommendations and suggestions for the future growth, development and regulation of park, playground and recreation facilities of the city; subject to approval by the mayor and city council. 8. Propose plans, recommendations, and suggestions to the annual budget to be submitted by the parks director for the projects and expenditures for the next fiscal year prior to the budget proposal being submitted to city council for approval. 9. Suggest and recommend such rules and regulations necessary and desirable to carry out the intent of this chapter. 10. Review and comment on the parks and recreation department's master plan and any subsequent updates or revisions. 11. Review and comment on the city's comprehensive plan and any and all other City plan's related to parks and recreation. 12. If requested by the mayor, review candidates for parks and recreation director and make recommendations to the mayor regarding those candidates. 13. Improve and correlate the problems of governmental administration of all recreation and leisure programs of the city. 14. Appoint members of the commission to subcommittees to provide community information to the parks and recreation commission concerning particular facilities or programs of the park and leisure movement of the city. 15. Make recommendations regarding the establishment of all fees for facility reservations and/or rental, facility admission, program activity participation, and league registration; and the establishment of fees for urban forestry services. 2-4-3: MEMBERSHIP; QUALIFICATIONS: Residents who reside within the city limits, or area of impact, and are a minimum of eighteen (18) years of age are eligible to serve on the parks and recreation commission. One member shall be a resident of the area of impact but no more than two (2) members may be appointed from residents of the city impact area, outside the corporate limits. One member of the Meridian city council, the director of the parks and recreation department, and one member MERIDIAN CITY CODE TITLE 2 - COMMISSIONS AND COMMITTEES PAGE 9 OF 19 who represents the administration of the Meridian Joint School District 2 shall serve as ex officio members with no vote. 2-4-4: ORGANIZATION: A. Officers: At the December meeting of each year, the members of the parks and recreation commission shall meet and organize by electing a president, vice president and such other officers as may be necessary. The city parks and recreation staff shall provide administrative support for the commission, and may request assistance from the city clerk. B. Rules And Bylaws: The parks and recreation commission shall adopt bylaws, rules and regulations for the proper conduct of the business of the commission. The bylaws, rules and regulations are subject to the approval of the mayor and city council after recommendation by the commission. 2-4-5: MEETINGS: The parks and recreation commission shall convene regular meetings at Meridian city hall, 33 East Broadway, Meridian, Idaho, each month at six o'clock (6:00) P.M. on the second Wednesday of each month unless, at the first meeting of each calendar year, the commission shall establish a meeting schedule for the calendar year in which event the published schedule shall apply. The commission shall allow and promote public participation in the meetings of the commission. Additional meetings of the commission may be scheduled by the commission as necessary to carry out the business of the commission. CHAPTER 5 PLANNING AND ZONING COMMISSION 2-5-1: ESTABLISHMENT: There is hereby established a planning and zoning commission, the purpose of which shall be to advise the Mayor and City Council in regards to matters that come before them under Title 67, Chapter 65 of the Idaho Code known as the Local Land Use Planning Act, Title 11 of the Meridian City Code known as the Unified Development Code, and any and all other laws within their purview as defined by the federal, state, or local ordinance. 2-5-2: MEMBERSHIP; QUALIFICATIONS: The Planning and Zoning Commission shall have a minimum of three (3) members. The members, other than those from the impact area, must have resided in the county two (2) years and in the city for one (1) year prior to appointment, and must remain a resident of the city during his service on the commission. Except that at least one but not more than two (2) members may be appointed from residents of the city impact area, outside the corporate limits. Such members shall have similar residence requirements as those within the city, except that they need not have resided in the city for one year and need not be a resident of the city. Members of the commission shall be selected without respect to political affiliations. MERIDIAN CITY CODE TITLE 2 - COMMISSIONS AND COMMITTEES PAGE 10 OF 19 2-5-3: ORGANIZATION: The commission shall elect a chairman and create and fill any other office that it may deem necessary. A commission may establish subcommittees, citizen advisory committees, hearing examiners or neighborhood groups to advise and assist in carrying out the responsibilities. A commission may appoint nonvoting ex officio advisors as may be deemed necessary. Pursuant to Idaho Code section 67-6520, the commission may appoint hearing examiners for hearing applications for subdivision and variance permits, and requests for zoning district boundary changes which are in accordance with the plan, and conduct all other business in accordance with Idaho Code section 67-6520. 2-5-4: RULES, RECORDS, AND MEETINGS: A. Adoption Of Bylaws: Written organization papers or bylaws consistent with this code and other laws of the state for the transaction of business of the commission may be adopted. B. Records: A record of meetings, hearings, resolutions, studies, findings, permits and actions taken shall be maintained. C. Meetings: The regular meetings of the planning and zoning commission of the city shall be held at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, on the first and third Thursday of each month at six o'clock (6:00) P.M. of said days. All meetings and records shall be open to the public. 2-5-5: EXPENDITURES AND STAFF: As allowed by the Idaho Code, if the Planning and Zoning Commission has a designated budget it is authorized to hire employees and technical advisors including, but not limited to, planners, engineers, architects and legal assistants to assist the Commission with its duties under the Idaho Code. 2-5-6: DUTIES: The commission shall have the duties as set forth in title 11, chapter 5 of this code. CHAPTER 6 SOLID WASTE ADVISORY COMMISSION 2-6-1: ESTABLISHMENT: There is hereby established a solid waste advisory commission, the purpose of which shall be to propose and recommend to the mayor and the city council any new or amended rules, regulations, policies, and fees as such may relate to the orderly and efficient administration of the city's fully automated solid waste collection system. 2-6-2: DUTIES AND POWERS: MERIDIAN CITY CODE TITLE 2 -COMMISSIONS AND COMMITTEES PAGE 11 OF 19 Commission Authority: The solid waste advisory commission shall be authorized to: Propose and recommend to the mayor and the city council any new or amended rules, regulations, policies, and fees as such may relate to improving the orderly and efficient administration of the city's fully automated solid waste collection system and voluntary commingled recycling program; 2. Propose new programs and projects designed to encourage, promote, and improve the solid waste and recycling practices in the community, helping reduce the amount of waste that ends up in the landfill; 3. Recommend ordinances for the purposes of ensuring that the fully automated solid waste collection system and voluntary commingled recycling program result in a cleaner, safer community and allow for more cost effective services; 4. Suggest and recommend such rules, regulations, policies, and fees necessary and desirable to enhance the equitable distribution of the cost of solid waste collection and disposal services in the community; 5. Assess the needs of the Meridian community with regard to the management of solid waste and make such information available to the city council and all interested agencies and persons; 6. Propose plans, recommendations and suggestions for the future growth, development and regulation of solid waste and recycling facilities and services of the city; 7. Cooperate with the federal, state, and local governments in the pursuance of the objectives of this chapter; 8. Study and report to city council changes in economic conditions, industry trends, and regulatory measures relating to the cost, operation and management of the city's fully automated solid waste management system and voluntary commingled recycling program; 9. Receive, review, and act on solid waste management concerns or issues brought forth by citizens of Meridian, with recommendations to be forwarded to the mayor and city council. 2-6-3: MEMBERSHIP; QUALIFICATIONS: All members of the solid waste advisory commission shall have a demonstrated interest, competence, or knowledge in recycling and solid waste management. Members of the solid waste advisory commission shall be selected from the following groups: the utilities billing manager or designee; the director of the public works department or designee; the city attorney or designee; and at least three (3), but no more than five (5), Meridian citizens; and one member MERIDIAN CITY CODE TITLE 2 - COMMISSIONS AND COMMITTEES PAGE 12 OF 19 who represents the solid waste franchisee who shall serve as a liaison and ex officio member of the commission without voting rights. 2-6-4: ORGANIZATION: A. Officers: At the first meeting of each calendar year, the members of the solid waste advisory commission shall meet and organize by electing a chair, vice chair, and such other officers as may be necessary. The commission may request assistance from the city clerk. B. Rules And Bylaws: The solid waste advisory commission shall adopt bylaws, rules and regulations for the proper conduct of the business of the commission. All commission bylaws, rules and regulations are subject to the approval of the mayor and city council after recommendation by the commission. 2-6-5: MEETINGS: The solid waste advisory commission shall convene regular meetings at the Meridian City Hall, 33 East Broadway, Meridian, Idaho, at least quarterly. At the first meeting of each calendar year, the commission shall establish a meeting schedule for the calendar year in which event the published schedule shall apply. All meetings of the commission shall be open to the public, and shall follow the requirements of Idaho's open meeting laws. The commission shall keep minutes and other appropriate written records of its resolutions, proceedings, and actions. The commission shall allow and promote public participation in the meetings of the commission. Additional meetings of the commission may be scheduled as necessary to carry out the business of the commission. CHAPTER 7 TRANSPORTATION COMMISSION 2-7-1: ESTABLISHMENT: There is hereby established a transportation commission, the purpose of which shall be to provide a forum for cooperation, coordination, planning, and communication between the city of Meridian and its citizens and organizations concerned with transportation planning and the safe and efficient movement of vehicular and pedestrian traffic throughout the community, with other federal, state, and local governmental agencies including, but not limited to: Ada County highway district (ACHD), Idaho transportation department (ITD), Valley Regional Transit (VRT), and the Community Planning Association Of Southwest Idaho (COMPASS). 2-7-2: DUTIES AND POWERS: Commission Authority: The transportation commission shall be authorized to: 1. Receive, review, and make recommendations to the city council on all Meridian city traffic safety and transportation matters. MERIDIAN CITY CODE TITLE 2 -COMMISSIONS AND COMMITTEES PAGE 13 OF 19 2. Suggest projects to the city council that increase safety in pedestrian and school traffic and that generally improve traffic safety throughout the city. 3. Receive, review, and act on motorist, pedestrian and bicyclist concerns or issues brought forth by citizens of Meridian, that relate to safety of the traveling public. 4. Evaluate and recommend to the city council amendment to the traffic safety and transportation elements of the city's comprehensive plan, as may be necessary. 5. Compile and recommend to city council annually a list of the highest priority roadway, intersection, bicycle and pedestrian improvement projects for inclusion in state, regional and local transportation funding programs, such as the COMPASS long range transportation plan, ACHD's capital improvements plan, and ITD's long range vision/plan. 6. Review and make recommendations to city council on the annual budget and five (5) year work plan (FYWP) prepared by the ACHD. 7. Review and make recommendations to city council on rules and regulations related to speed limits. 8. Review and make recommendations to the city council regarding public transportation, including transit services. 9. Consider other transportation and traffic safety matters as may be referred to the commission by city council, other political bodies, or city staff. 2-7-3: MEMBERSHIP; QUALIFICATIONS: All members of the transportation commission shall have an interest, competence, or knowledge in matters relating to transportation planning and traffic safety. Commission membership shall be comprised of. four (4) Meridian citizens residing within city limits, one position of which may be designated to represent youth; three (3) Meridian business owners or employees of a business in Meridian; and two (2) individuals with technical expertise and/or education in a transportation related field. The four (4) Meridian citizens should, if possible, represent different geographic areas of Meridian. The six (6) nonvoting ex officio members shall be made up of representatives from the Meridian city council, ACHD, ITD, COMPASS, VRT, and/or Meridian joint school district #2 staff. 2-7-4: ORGANIZATION: A. Officers: At the first meeting of each calendar year, the members of the transportation commission shall meet and organize by electing a chair, vice chair, and such other officers as may be necessary. The commission may request assistance from the city clerk. MERIDIAN CITY CODE TITLE 2 -COMMISSIONS AND COMMITTEES PAGE 14 OF 19 B. Rules And Bylaws: The transportation commission shall adopt bylaws, rules and regulations for the proper conduct of the business of the commission. The bylaws, rules and regulations are subject to the approval of the mayor and city council after recommendation by the commission. 2-7-5: MEETINGS: The transportation commission shall convene regular meetings at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, each month at three thirty o'clock (3:30) P.M. on the first Monday of each month unless, at the first meeting of each calendar year, the commission shall establish a meeting schedule for the calendar year in which event the published schedule shall apply. The commission shall keep appropriate written records of its resolutions, proceedings, and actions. The commission shall allow and promote public participation in the meetings of the commission. Additional meetings of the commission may be scheduled by the commission as necessary to carry out the business of the commission. Chapter 8 BOARD OF ADJUSTMENT 2-8-1: ESTABLISHMENT: There is hereby established a board of adjustment, for the purpose of hearing disputes, objections, appeals, or requested adjustments by an authorized water and/or sewer user related to water and/or sewer user accounts, statements, fees, and/or permits including, but not limited to, nonpayment and shutoff of water service, assessment fees, connection fees, wastewater discharge permits, monthly user charges or other fees established by title 9 of this code regarding water and sewer use and service. 2-8-2: DUTIES AND POWERS: A. The board of adjustment shall be authorized to: 1. Propose to city council for approval the rules of procedure for conducting hearings by the board of adjustment. 2. Hear and decide disputes, objections, or appeals related to authorized water and/or sewer user accounts, statements, fees, and/or permits including, but not limited to, nonpayment and shutoff of water service, assessment fees, connection fees, wastewater discharge permits, monthly user charges or other fees established by title 9 of this code regarding water and sewer use and service. B. The board of adjustment shall not be authorized to accept payment of any monies; the board shall direct all payments to be made directly to the city finance department. 2-8-3: MEMBERSHIP: MERIDIAN CITY CODE TITLE 2 -COMMISSIONS AND COMMITTEES PAGE 15 OF 19 A. Membership: 1. The board of adjustment shall consist of at least three (3) members, but no more than five (5) members. 2. Members of the board of adjustment shall be appointed by the mayor and approved by city council on a vote of a majority of the city council members, and board members may, in like manner, be removed. 3. All members of the board of adjustment and the officers thereof shall serve without salary or compensation. The city shall provide the necessary and suitable equipment and supplies to enable the board to properly transact and attend to its business. B. Qualifications: Members of the board of adjustment shall include the director of the public works department or designee; the city attorney or designee; and at least one citizen of Meridian, but no more than three (3) citizens. C. Citizen Terms: Citizen members of the board of adjustment shall serve three (3) year terms. Where two (2) or more citizens are initially appointed to the board of adjustment, such citizens' respective terms shall initially include one seat with a one year term; one seat with a two (2) year term; and all remaining citizen seats shall be three (3) year terms. Citizen members wishing to serve additional terns must submit a letter of interest to the mayor thirty (30) days prior to the tern's expiration. Reappointments shall be made at the discretion of the mayor, with confirmation by the city council. D. Vacancies: Vacancies shall be filled in the same manner as original appointments and the appointee shall serve for the remainder of the unexpired term. 2-8-4: ORGANIZATION: The board of adjustment shall annually elect one member as chair. The board may select and elect such other officers as it deems necessary. 2-8-5: MEETINGS: The board of adjustment shall not meet regularly, but shall convene upon scheduling and notice by the city clerk following receipt of a written request for hearing as set forth in this chapter. The board of adjustment shall convene to conduct such hearings at three o'clock (3:00) P.M. on the third Wednesday of the month at the Meridian City Hall, 33 East Broadway, Meridian, Idaho. All meetings of the board of adjustment shall be open to the public, and shall comply with Idaho open meeting laws. Additional meetings of the board of adjustment may be scheduled by the board as necessary to carry out the business of the board. 2-8-6: HEARING PROCEDURES: MERIDIAN CITY CODE TITLE 2 - COMMISSIONS AND COMMITTEES PAGE 16 OF 19 A. An authorized water and/or sewer user may request a hearing before the board of adjustment regarding any dispute, appeal, or objection related to such authorized water and/or sewer user's account, statement, and/or permit including, but not limited to, nonpayment and shutoff of water service (pretermination hearing), assessment fees, connection fees, wastewater discharge permits, monthly user charges or other fees established by title 9 of this code regarding water and sewer use and service by complying in all respects with the procedures set forth in this section. B. The authorized water and/or sewer user requesting a hearing before the board of adjustment (hereinafter "hearant") shall submit a written request for hearing to the city cleric within thirty (3 0) days from the dated notification of administrative denial of a request for adjustment. Such request for hearing shall include hearant's name, mailing address, telephone number, e-mail address, and water or sewer account number and address; names and contact information of other interested or involved parties; and a description of the matter(s) to be brought before and considered by the board of adjustment. C. Upon receipt of a timely and complete request for hearing, the city clerk shall schedule the matter for hearing at the next meeting of the board of adjustment, except that a request for hearing that is received after three o'clock (3:00) P.M. on the second Wednesday of the month shall not be heard until the third Wednesday of the following month. The city clerk has authority to schedule the matter for hearing at an alternative time, provided the hearing is scheduled not later than thirty (30) days from the next regularly scheduled meeting. Within two (2) working days of scheduling the hearing, the city clerk shall mail notice thereof to the hearant and to all known interested or involved parties in addition to the general notice provisions of Idaho open meeting laws. D. On the date and time duly noticed for hearing, the board of adjustment shall conduct a fair and impartial hearing on the matter brought by hearant. Hearant shall be afforded the opportunity to confront witnesses, to present credible evidence, to personally appear and be represented and/or accompanied by an advisor or other legal representative, to be judged on facts adduced at the hearing, and to otherwise be heard on the matter before the board of adjustment. E. The board of adjustment shall maintain a record of all hearings conducted and actions taken. F. The board of adjustment shall provide hearant with an oral decision at the conclusion of the hearing, which decision shall include the board of adjustment's general findings of fact and conclusions of law in support of its decision. The board shall declare the payment of any money deemed owed to the city due and payable to the city finance department immediately or by a date certain, as appropriate. The board shall also verbally and on the record inform the hearant of his or her right to appeal the board's decision to the city council. MERIDIAN CITY CODE TITLE 2 -COMMISSIONS AND COMMITTEES PAGE 17 OF 19 G. The board of adjustment shall prepare a written decision including its findings of fact and conclusions of law. The chair shall mail the written decision to hearant within two (2) working days of the conclusion of the hearing. 2-8-7: RIGHT TO APPEAL: A. A limited right of appeal to the city council shall be available to a hearant who receives an adverse decision by the board of adjustment and complies in all respects with the procedures set forth in this section. B. Within three (3) working days of the conclusion of the hearing before the board of adjustment, the hearant shall file with the city clerk: A written notice of appeal, including hearant's name, mailing address, telephone number, e-mail address, and water or sewer account number and address; names and contact information of other interested or involved parties; and a statement of the basis for the appeal, including specific objections to the board of adjustment's findings of fact and/or conclusions of law; and 2. A cash or check deposit in the amount determined by the board of adjustment to be due and payable. C. Upon timely receipt of a complete notice of appeal, the city clerk shall schedule the appeal for hearing before the city council within thirty (30) calendar days. The city clerk shall provide notice of such hearing to the hearant and to all known interested or involved parties. D. On the date and time duly noticed for hearing before city council, each party may make a brief statement to city council. No new evidence shall be presented; city council shall decide the matter upon consideration of the record of hearing before the board of adjustment. E. City council may affirm, overturn, or modify the decision of the board of adjustment. City council shall overturn or modify the decision of the board of adjustment only where the board's findings of fact are not based upon substantial evidence or the conclusions of law are erroneous. City council may order that hearant's deposit be forfeited to city or refunded less any adjustments. City council may order that the payment of any additional money deemed owed to the city be due and payable to the city finance department by a date certain. The decision of the city council shall be final. Section 2: That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED by the City Council of the City of Meridian, this 0�4 day of October, 2015. MERIDIAN CITY CODE TITLE 2 - COMMISSIONS AND COMMITTEES PAGE 18 OF 19 Oct" APPROVED by the Mayor of the City of Meridian, Idaho, Nvvtn+cr -;�7, 2015. VED: ATTEST: Mayor-c;tvof U' ycee EUolman, City Clerk EI�I D I A N;�*--i IDAfIG n SEA the TREAs�e` MERIDIAN CITY CODE TITLE 2- COMMISSIONS AND COMMITTEES PAGE 19 OF 18 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 15 - An Ordinance Repealing Title 2, Boards and Commissions, Chapters 1-7 Regarding Historic Preservation Commission; Parks and Recreation Commission; Transportation Commission; Planning and Zoning Commission; Arts Commission; Solid Waste Advisory Commission; and Board of Adjustment; and Replacing Title 2, Commissions and Committees, Chapters 1-8 Regarding Commissions; Committees, Boards, Coalitions; Arts Commission; Historic Preservation Commission; Parks and Recreation Commission; Planning and Zoning Commission; Solid Waste Advisory Commission; Transportation Commission; and Board of Adjustment; Providing for a Waiver of the Reading Rules; and Providing an Effective Date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenu, Meridian, Idaho. This ordinance shall become effective upon the passage and pu i4►l'fetl� .�`P W Cit -y ---of M r dian x Mayor and City Council y �t By: Jaycee L. Holman City Clerk n� VM / ode TRFAS�I�'C First Reading: Adopted after first re ding by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES V NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO A EQUACY OF SUMMARY OF ORDINANCE NO. 15- 16 Co The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 15- DG2 k\ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of October, 2015. William. L.M. Nary City Attorney BOARDS AND COMMISSIONS TITLE 2 ORDINANCE SUMMARY — I of I