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1986 11-03y ~ • A G E N D A MERIDIAN CITY COUNCIL NOVEMBER 3, 1986 ITEM: Minutes of the previous meeting held October 20, 1986: (APPROVED) 1. Request by Western States Equipment to waive ACRD recommendation for sidewalks, curbs & gutters at new location. (APPROVED) 2. Pre-Termination Hearing, Water,Sewer, Trash Delinquencies: (TURN-OFF APPROVED) 3. Resolution # 109: Seat Belt Policy: (APPROVED) 4. Ordinance #471: Historic Presevation Code. (APPROVED) 5. Approve the Bills: (APPROVED) 6. Department Reports: ~° l • MERIDIAN CITY COUNCIL NOVEMBER 3, 1986 Regular Meeting of the Meridian City Council called to order by Mayor Grant Kingsford at 7:30 p.m.: Members Present: Bill Brewer., Ron Tolsma, Bert Myers, Bob Giesler: Others Present: Kevin Robertson, David Allen, Roy Porter, Jim King, Bob Mitich, Kenny Bowers, Wayne Crookston, Bob Wherry The Motion was made by Tolsma and seconded by Giesler to approve the minutes of the previous meeting held October 20, 1986 as written: Motion Carried: All Yea: Mayor Kingsford proclaimed the Week of November2-8 as Key Club Week: Item #1: Request by Western States Equipment Company to waive ACHD recommendation for Curbs & Sidewalks & Gutters at new location: Mayor Kingsford, is there anyone present to represent this request? Mr. Jim King, Vice President from Western Equipment was present. King, when the property was annexed into the City of Meridian, it included that the recommendation of ACHD be complied with, we do not believe at this time the recommendation of installing curbs, gutters and sidewalks should be required. We would be supportive of these items in the future as the area develops. If this were to be required at the present time there would be sidewalks, curbs & gutters only along our parcel. We are therefore asking the Council to waive the recommendation. We have no problem with the recommend- ation to provide additional fifteen feet of right-of-way. The Motion was made by Tolsma and seconded by Myers to waive the recommendation made by ACRD that sidewalks, curbs and gutters be installed along the Western States Egiupment Property. Motion Carried: All Yea: Item #2: Pre-Termination Hearing: Water/Sewer/Trash Delinquencies: Mayor Kingsford, You have been informed in writing, if you choose to, you have the right to a pre-termination hearing before the Mayor & Council, to appear in person to be judged on facts and defend the claim made by the City that your water/sewer and trash bill is delin- quent. You may retain Counsel. Is there anyone in the audience who wishes a hearing? There was no response. Due to their failure to pay their wa't~ bill or to present any valid reason why the bill has not been paid, their water shall be turned off on November 18, 1986. In order to have their water turned back on, there will be an add- itional fee of $10.00. They are hereby informed that they may appeal or have the decision of the City reviewed. by the Fourth Judical District Court, pursuant to Idaho Code. Even though they appeal the water will be shut off. MERIDIAN CITY COUNCI~ • NOVEMBER 3, 1986 PAGE # 2 The Motion was made by Myers and seconded by Giesler to approve the turn-off list: Motion Carried: All Yea: Mayor Kingsford, the amount of the turn-off list is $9,484.65: Item # 3: Resolution # 109: Seat Belt Policy: Mayor Kingsford, A Resolution establishing policy for the use of ~ belts in City-Owned vehicles and encouraging the use of such restraints by City Employees in their private vehicles during off- duty time and providing an effective date, this is the program that is being adopted over the State~nd several other Cities have adopted this policy, it makes use of seat belts manatory in all city vehicles. The Motion was made by Myers and seconded by Tolsma to approve of Resolution #109: Motion Carried: All Yea: Item #4: Ordinance # 471: Historic Preservation Code: Mayor Kingsford, An Ordinance of the City of Meridian, a municipal corporation of Idaho, to be known as Title 1, Chapter 15, Historic Preservation Code; providing definitions; providing for the establish- ment._of the Historic Preservation Commission; providing for duties and funding for the said Commission; providing that this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law: Is there anyone in the audience who wishes Ordinance #471 read in its entirety? There was no response. For the Council Members and Publics information by passage of this Ordinace and setting up of the Commission it will make the City eligible for some small matching fund Grants which can be passed on to the Meridian Historical Society. The Motion was made by Brewer 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 Number 471 as read be passed and approved: Motion Carried: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea: Item #5: Approve the Bills: The Motion was made by Tolsma and seconded by Giesler to approve the Bills: Motion Carried: All Yea: Department Reports: Councilman Myers read a letter from Robbie Russell of ,the EPA congratulating the City of ,Meridian on their Wastewater Treatment Plant award. . , MERIDIAN CITY COUNC~ • NOVEMBER 3 , ~, 9 8 6 PAGE # 3 DEPARTMENT REPORTS CONT'D: City Attorney, I requested a fee increase some time ago and the Council Members have talked about this increase, I have visited with the Council Members on this item. What I am asking is that the Council takes some action on this request. Mayor Kingsford, for the record this is for $50.00 per hour on civil and $40.00 for prosecution and $70.00 for pass tih.rQ~.-c~~h The two changes are an increase of five dollars per hour on the civil and prosecution. The Motion was made by Myers and seconded by Tolsma to grant the increase of five dollars per hour on the civil and police matters effective November 1, 1986. 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I BOISE Generel Ofhcea P.O. Boz 36 Boise, ID 63707 206/343-5401 POCATELLO P.O. Boz 4640 Pocatalla 10 63201 206/232-2640 SPOKANE P.O. Box 3666 Spokane, WA 99220 509/535-1744 OOEBSA P.O. Box 430 Odesae, WA 99159 509/992-2542 co~Ax P.O. Box 191 Colfax, WA 99111 509/397-4844 LAOIiANOE P.O. Box 400 LeGrande. OR 97650 503/963-3101 JOHN DAY P.O. Box 400 John Day. OR 87645 503/575-1301 WESTEFlN STATES EQUIPMENT COMPANY October 22, 1986 Mayor Kingsford & City Council City of Meridian 728 Meridian St. Meridian, Idaho RE: Western States Equipment Company Gentlemen: Our parcel of property was annexed into the city in November 1985. The annexation included two recommendations by the Ada County Highway Department. Oae recommendation was to provide an additional fifteen feet of right-of~way for future road expansion. The other recommendation was to provide sidewalks, curbs and gutters at the site. We are supportive of the first recommendation, but request you waive the later recommendation as it seems inappropriate and unnecessary at this time. We would, of course, be supportive of sidewalks, curbs and gutters in the future as the area develops. We would appreciate your consideration of this matter. Sincerely, n/ ~ Jim D. Ring Vice President & Treasurer ~~ ~` `~'. tom YOUR GATEFIPILLAA DEALER JK3/L1/sh U~' • RESOLUTION NO. 109 BY THE COUNCIL: BREWER, TOLSMA, MYERS AND GIESLER A RESOLUTION ESTABLISHING POLICY FOR THE USE OF SAFETY BELTS IN CITY-OWNED VEHICLES AND ENCOURAGING THE USE OF SUCH RESTRAINTS BY CITY EMPLOYEES IN THEIR PRIVATE VEHICLES DURING OFF-DUTY TIME; AND PROVIDING AN EFFECTIVE DATE: WHEREAS, the Idaho Legislature has enacted a mandatory seat belt law; and WHEREAS, 255 people died in Idaho traffic accidents in 1985, including 235 occupants of vehicles in which 205 of the victims were not using safety restraints; and WHEREAS, there were 27 fatalities and 2,460 injuries in Ada County traffic accidents in 1985, with only two of those killed wearing safety restraints; and WHEREAS, each employee fatality or injury costs the City of Meridian thousands of dollars in wages, property damage, medical expenses, insurance costs and physical and rehabilitation benefits; and WHEREAS, Idaho data shows safety belts can dramatically reduce the number of deaths and injuries in vehicle accidents; and WHEREAS, employee safety is a high priority of the Mayor and Council. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That use of safety belts in all city vehicles so equipped shall be mandatory. Section 2. That all city employees are also urged to use safety belts in their private vehicles during non-work hours. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Council of the City of Meridian, Idaho this 3rd day of November, 1986. APPROVED by the Mayor of the City of Meridian, Idaho this 3rd day of November, 1986. Grant P. Kings ord, P1 or ~----- D - i em ~ i y er ~ • O~z~A~$ ~o. AN ORDINANCE OF THE CITY OF MERIDIAN, A MUNICIPAL CORPORATION OF IDAHO, TO BE RNOWN AS TITLE 1, CHAPTER 15, "HISTORIC PRESERVATION CODE"; PROVIDING DEFINITIONS; PROVIDING FOR TAE ESTABLISHMENT OF THE HISTORIC PRESERVATION COMMISSION; PROVIDING FOR DUTIES AND FUNDING FOR THE SAID COMMISSION; PROVIDING THAT THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. WHEREAS, Chapter 46 of Title 67 of the Idaho Code empowers cities to make provisions for the identification and preservation of historic sites; and, WHEREAS, the City Council of the City of Meridian deems it in the best interest of the community to establish an historic preservation ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN THAT A NEW CHAPTER BE, AND THE SAME HEREBY IS, ENACTED TO BE DESIGNATED AS TITLE 1, CHAPTR 15~, THE HISTORIC PRESERVATION CODE, OF THE ORDINANCES OF THE CITY OF MERIDIAN, WHICH SHALL READ AS FOLLOWS: SECTION I: PURPOSE: The purpose of this ordinance is to promote the educational, AMBROSE, FITZGERALD & CROOKSTON Attorneys end Counselore P.O. Box 427 Meridlen, Idaho 83842 Telephone 8884481 cultural, ~eeonomic and general welfare of the public of the City of Meridian through the identification, evaluation, designation, 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. , • ~ • AMBR08E, FITZGERALD & CROOKBTON Attorneys end Counselors P.O. Box 427 Mertdlan, Idaho 83802 Telephone 88B~4481 SECTION II: DEFINITIONS: The following words and phrases when used in this Ordinance shall have, unless the context clearly indicates otherwise, the following meanings: City. The City of Meridian. Commission. The Historic Preservation Commission of the City of Meridian. Historic property. Any building, structure, area or site that is significant in the history, architecture, archaeology or culture of this community, the state, or the nation. Historic preservation. The research, documentation, protection, restoration and rehabilitation of buildings, structures, objects, districts, areas, and sites significant in the history, architecture, archaeology or culture of this state, its communities or the nation. SECTION III: HISTORIC PRESERVATION COMMISSION: (1) There is hereby created a Historic Preservation Commission which shall consist of five members who shall be appointed by the Mayor with the advice and consent of the Council. (2) All members of the Commission shall have a demonstrated interest, competence, or knowledge in history or historic preservation. The .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. (3) Initial appointments to the Commission shall be made as follows: One (1) one-year term; two (2) two-year terms; two (2) i • ~ • AMBROSE, FITZOERALD &CROOKSTON Attorneys and Counaetora P.O. Box 427 McHdlen, Idaho B384T Telephone 88&4487 three-year terms. All subsequent appointments shall be made for three (3) year-terms. Commission members may be reappointed to serve additional terms. Vacancies shall be filled in the same manner as original appointments and the appointee shall serve for the remainder of the unexpired term. (4) The members of the Commission may be reimbursed by the City for expenses incurred in connection with their duties. SECTION IV: ORGANIZATION, OFFICERS, RULES, MEETINGS: (1) The Commission shall have the power to make whatever rules are necessary for the execution of its duties as set forth in this Ordinance. Rules of procedure and bylaws adopted by the Commission shall be available for public inspection. (2) The Commission shall elect officers f rom among the Commission members. The chairman shall preside at meetings of the Commission. The vice chairman shall, in the absence of the chairman, perform the duties of the chairman. (3) All meetings of the Commission shall be open to the public, and 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. (4) The Commission may recommend to the Council, within the limits of its 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. • ~ • AMBROSE, FITZOERALD & CROOKSTON Attomeye and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888J481 SECTION V: POWERS, DUTIES, AND RESPONSIBILITES: The Commission shall be advisory to the Council and 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. (5) Contract, with the approval of the Council, with the state or federal government, or any agency of either, or with any other organization. (6) Cooperate with the federal, state, and local governments in the pursuance of the objectives of historic preservation. (?) Make recommendations in the planning processes undertaken by the county, the city, the state, or the federal government and the agencies of these entities. (8) Recommend ordinances and otherwise provide information for the purpose of historic preservation in the City. ~ • AMBROSE, FITZOERALD & CROOKBTON Attorneys and Counaelore P.O. Boz 427 Mendlan, Idaho 83842 Telephone 888.4481 (9) Promote and conduct an educational and interpretive program on historic preservation and historic properties in the City. (10) Commission members, employees or agents of the Commission may enter private property, buildings, or structures in the performance of its official duties only with the express consent of the owner or occupant thereof. (11) Review nominations of properties to the National Register of Historic Places for properties .within the City's jurisdiction. SECTION VI: SPECIAL RESTRICTIONS: Under the provisions of Idaho Code 67-4612, the City of Meridian may provide by ordinances, special conditions or restrictions for the protection, enhancement and preservation of historic properties. SECTION VII: SEPARABILITY: If any section, subsection, sentence, clause or phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. SECTION VIII: EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. r I ~ II PASSED AND APPROVED this ~ f"'ci day of a ~,v~n r~ , 1986. AMBROSE, FITZGERALD &CROOKSTON Attorneys antl Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 88&M81 Jagk--N_iemanry, City Cler CITY. OF MERIDIAN, a municipal corporation of the State of Idaho. By = ~*G~~2~ti'P ~i~~~~iO. Grant. Ringsfo~d,~M~yor