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1987 11-17 A G E N D A MERIDIAN CITY COUNCIL NOVEMBER 17,1987 ITEM: .7 MINUTES OF PREVIOUS MEETING HELD NOVEMBER 3, 1987: (APPROVED) 1: DORIS OLIASON & OTHER PROPERTY OWNERS AT EAGLE ROAD INTERCHANGE: 2: ORDINANCE # 491: WOOD BURNING ORDINANCE: (APPROVED) 3: BID ON NEW POLICE CAR: (BID AWARDED TO BOB ALLEN CHEVROLET) 4: DEPARTMENT REPORTS: • • MERIDIAN CITY COUNCIL NOVEMBER 17, 1987 Regular Meeting of the Meridian City Council called to order at 7:30 p.m. by Mayor Grant Kingsford: Members Present: Bill Brewer, Ron Tolsma, Bert Myers, Bob Giesler: Others Present: Roy Porter, Gary Smith, Wayne Crookston, Bob Mitich, Moe Alidjani, Walt Morrow, Julie Stutts, Steve Wherry, Doris Oliason, Mr. & Mrs. Rackham, Gerald Marlin & other property owners in the vicinity of Eagle Road Interchange (proposed). The Motion was made by Myers and seconded by Tolsma to approve the minutes of the previous meeting held November 3, 1987 as written: Motion Carried: All Yea: Item #1: Wood Burning Ordinance #491: Mayor Kingsford: I would ask our City Attorney to basically explain this Ordinance: City Attorney: Bascially this is the same Ordinance that Ada County adopted, it has to do with any new or replacement stove must have been certified by the Oregon Department of Environmental Quality. This also states the procedure for the installation of the stove and is in cooperation with Boise City and Ada County in an incentive program if ,possible. Mayor Kingsford: An Ordinance amending the Building Code of the City of Meridian by adding a ne~a Section relating to, and regulating, solid fuel heating applicances to be known as Section ~-109; and providing an effective date, is t-h-~~ anyone in the audience who wishes Ordinance # 491 read in its entirety? There was no response. 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 #491 as read be passed and approved: Motion Carried: Roll Ca11 Vote: Brewer, Yea: Tolsma, Yea: Myers, Yea: Giesler, Yea: Item #2: Doris Oliason & Other Property Owners at Eagle Road Proposed Interchange: Oliason & other property owners asked the Mayor & Council to advise them what the City of Meridian had planned for that area, they said the State was trying to purchase their property as if it were agricultural land for the proposed interchange, they were not being offered anywhere near the full value of the property. There was a lot of ,discussion on this subject The property owners were advised that the City did not have any control over this property and would not until it were annexed to the City other than it was in the. Impact Area of the City of .Meridian and was designated in the Comprehensive Plan as a Mixed Use Area. (TAPE ON FILE OF THIS DISCUSSION) MERIDIAN CITY COUNCIL • • NOVEMBER 17, l9$7 PAGE # 2 Item #3: Bid on New Police Car; Mayor Kingsford: Councilman Giesler would you please advise the Council on the bid opening. Giesler: We received three bids for. the new police car, the necessary Bid Bonds were enclosed, Meridian Ford bid was $12,349.00; Bob Rice Ford Bid was $11,841.61: Bob Allen Chevrolet Bid was $10,650.00 with one item that was left out with a cost of $79.00 which makes their total price $10,729.00: After discussing this with the Police Chief it would be our recommendation that we accept the bid from Bob A11en Chevrolet. Mayor Kingsford: Do you for~ee any problem with that adjustment in the price Counselor? City Attorney: We talked about this earlier and I do not see a problem with that as it is still under the other bidders: Mayor Kingsford: Would you recommend to the Council that they approve it if they wish to or they take it under advisement? City Attorney: I would recommend that they could probably go ahead and approve the bid from Bob Allen: The Motion was made by Giesler and seconded by Myers that the City of Meridian accept the Bid from Bob Allen Chevrolet for a new police car in the amount of $10,650.00 plus. the $79.00 item that was excluded from the bid for a total price of $10,729.00: Motion Carried: All Yea: Department Reports: City Engineer: There has been some concern by the residents of ,Cherry Lane Village about the safety of ,the golfers where they are required to cross the street from one tee to another, I made a call to-Ada County Highway District and they advised they would paint some crosswalks and put up signs in the spring. Building Inspector: I have some questions on this new Ordinance, he was advised to read this. Ordinance and then the questions could be answered and clarification given. Giesler: It was brought to my .attention today that with the Holidays coming on there is liable to be a lot more theft and I would like the press to try to impress on the residents they should keep things locked up where they would be safe. Giesler: I would like to mike a Motion that we go into Executive Session regarding the Amyx litigation ~'he Motion was seconded by Tolsma: Motion Carried: All Yea: Executive Session called at 8:37 p.m.: Meeting called back to order at 8:55 p.m. by Mayor Grant Kingsford: Mayor Kingsford: The City Attorney will update the public on the Executive Session: MERIDIAN CITY COUNCIL • . NOVEMBER ~, 7, l 9 8 7 PAGE # 3 City Attorney: ~'he City did receive a decision from the Court on the Amyz matter, the process of bringing Mr. Amyz and the Creamery on contempt charges, the Court found him in contempt, they fined him $500.00 for the previous violation, the Court ordered that he pay the cost of Attorney fees, the Court ordered that Mr. Amyz be personally served with a copy of the decision, that from the date that he is personally served with the decision for ever~i business day he is in violation the Court is prepared to fine him an additional $200.00 per day: Councilman Myers: I have several things but I would ask the City Attorney to update the Council on the bid for the clarifier. City Attorney: The City Engineer asked me to give an opinion as to the responsiveness of the Gerber Construction Bid, it is my opinion that the Bid from Gerber Construction Company is non-responsive this is based on our investigation that revealed the fact that in preparing the bid Mr. Gerber, in the bid area where he is supposed to place his sub-contractor for electrical and mechanical work on the job, he is supposed to put in the names, the reason that is required and my re- search indicated this, it was born out by the case law, the reason for this~.s to insure that the sub-contractors are capable of preforming the job and it is a health and safety welfare type of ordinance to make sure that those persons who preform those key jobs of construction are capable of preforming the work in a satisfactory and safe condition for the project. The bid was prepared where the contractor put "quote" NONE in both the areas where were he going to use true sub-contractors he would have placed a mechanical and electrical'_contractors name. He did not do so, the none, it is hard to tell what he means by that, I think in my opinion I said there is probably three things you could construe that to mean, one is that there is no electrical or mechanical work on the job, two, none could mean that he is just not using any and third, that he is going to do the sub-contractor work himself, I do not think it is incumbent upon the City to determine what he means by none. The other thing that comes up and is required by State Statue is that whoever is named in those sub-contractor categories, not only do they have to have in their possession at the time the bid is obtained a Public Works License but they also have to have a license from. that particular trade in the State of Idaho. ..The investigation revealed that Gerber Construction Company by name does not have either one nor did they have at the time the bid was submitted. There is a person named Gerber from the surrounding area who has a electrical license but we do not know if there is any connection, in any event that would still leave no mechanical licensee with that name. There are some other reasons that I think there are problems with the bid, but in our opinion we feel the bid should be declared non-responsive and then the next low bidder would apparently become the low bidder. Mayor Kingsford: If I am correct on this issue, then it would require the Council to make a motion and declare that the bid from Gerber Construction Company was non-responsive? City Attorney: I think at this time the Council can take-that action to declare the bid from Gerber Construction non--responsive, that would be appropriate, the other alternative would be to have the City engineer declare who the next low bidder. is, the Council-can declare Gerber Construction Company unresponsive and ask that the bid be taken under advisement again and have the City Engineer make another recommendation MERIDIAN CITY COUNCIL • • NOVEMBER 17 , ], 9 8 7 PAGE # 4 or just automatically declare Gerber Construction non-responsive and have the City Engineer contact the next low bidder. The other thing that should be mentioned is that the Council has the option of rejecting all bids and rebidding the project. You either do that or declare the bid from Gerber Construction non-responsive and on the basis of the bids declare who is the next apparent low bidder. Councilman Brewer: Rather than postpone this to another meeting is there any':reason 5ahy the whole thing can not be cleared up tonite? Mayor Kingsford: We can not award the bid until the Grant is approved. City Attorney: I think it would be my recommendation to, on my opinion to go ahead if the Council deems fit to declare Gerber Construction Company bid non-responsive, determine who the apparent next low bidder is and declare him the actual apparent low bidder and proceed to award but declare that there cannot be an award until the Grant is finalized.. and the money available for this project. The Motion was made by Myers and seconded by Brewer that the bid from Gerber Construction Company be declared non-responsive as per Counselor's outline and to have the City Engineer declare who the apparent low bidder is: Motion Carried: All Yea: The City Engineer announced the apparent next low bidder was The .Ewing Company, 1500 Eldorado, Boise, Idaho: Myers: As You know several weeks ago I met with the Home Owners Association from Cherry Lane Village and there was a lot of discussion about the Golf Course, some of it was about trying to get the Golf Course Owners to participate in beautifing the entrance.'..The Home Owners were going to put together a letter which I have not received. The other thing was there were some comments on the City not enforcing the weed control along the Golf Course. One other thing I ~ on the Board at Mercy Medical Center and they have a lot of programs to offer and if anybody is interested they also have a speakers bureau who are available to the public. Councilman Brewer:For the past two or three weeks representatives of the QRU, the Fire Chief, The Mayor and myself have been considering the use of the newer part of the old City Hall for an operation headquarters for the QRU, on reviewing the structure and its possible renovation it has been found with rewiring, plumbing and other items the cost has been estimated;: to be $16,000.00 to $18,000.00. The QRU and the rest of us agree this is not cost effective and after spending this amount the structure would not be ideally what they need. So in consideration of these findings I would make a Motion that we begin with demolition of the old City Hall at cost of $4500.00. The Motion was seconded by Giesler: Motion Carried: All Yea: Being no further business to come before the Council the Motion was made by a MERIDIAN CITY COUNCIL ~ • NOVEMBER 17, 1987 PAGE # 5 Myers and seconded by Tolsma to adjourn at 9:20 p.m.: Motion Carriedt All Yea: (TAPE ON FILE OF THESE PROCEEDINGS:) ATTEST: ,City pc Mayor~& Council P & Z Members Atty, Eng, Fire Police, Stuart, Ward Mitich, Gass, Hallett Valley News, Statesman ACHD, ACC, CDH, NIMD Settlers Irrg. APPROVED: .. G T KINGSFORD MA Mail (1) File (2) ORDINANCE NO. ~ ~~ AN ORDINANCE AMENDING THE BUILDING CODE OF THE CITY OF MERIDIAN BY ADDING A NEW SECTION RELATING TO, AND REGULATING, SOLID FUEL HEATING APPLIANCES TO BE RNOWN AS SECTION 2-109; AND PROVIDING AN EFFECTIVE DATE. WHEREAS., the Mayor and the City Council have concluded that smoke, carbon dioxide, carbon monoxide, sulfides and other chemicals and noxious gases in the air have become a health hazard and aesthic detriment to the citizens of Meridian; WHEREAS, the City Council and the Mayor of the City of Meridian, State of Idaho, have concluded that it is in the best interest of said City to adopt provisions regulating solid fuel heating applicances effective as set forth hereinafter; NOW, THEREFORE, BE IT ORDAINED BY THE MAYQR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Chapter 1, Title 2, of the Revised and Compiled Ordinances of the City of Meridian be amended by the addition thereto of a new section to be known as 2-109 and which shall read as follows: 2=109: SOLID FUEL HEATING APPLICANCE ORDINANCE 1. SHORT TITLE AND PURPOSE: This Section shall be known and cited as the SOLID FUEL HEATING APPLICANCE ORDINANCE. The purpose of this Section is to protect air quality resources vital to public health and safety and the economic future of Meridian by controlling emissions from the burning of solid fuel. AMBROSE, FITZOERALD &CROOKSTON Attorneys and Counselors P.O. Eloz 427 Meridian, Idaho 83842 Telephone 88&4481 2. DEFINITIONS: For the purpose of this Section, the following terms, phrases, words and derivations shall have the meanings herein. The word "shall" is always mandatory and not merely directory. BUILDING: Any structure, dwelling, office, industrial plant, garage, or barn, whether publicly or privately owned or any other structure as defined by the Uniform Building Code as adopted by Section 2-101 of this Chapter. CLEAN BURNING A solid fuel heating appliance that has APPLIANCE been certified as clean burning by the Oregon Department of Environmental Quality. PERSON Any individual, firm, partnership, association, corporation, company, organization, or governmental entity. SOILD FUEL Any form of untreated wood or coal. SOLID FUEL A device designed for solid fuel combustion HEATING so that usable heat is derived for the APPLIANCE interior of a building, including, but not limited to, solid fuel fired cooking stoves, pot-bellied stoves, franklin stoves, air tight stones, fireplace inserts, or combination fuel furnaces or boilers which burn solid fuel. Fireplaces with air to fuel ratios that exceed thirty (30) to one are exempt. 3. SOLID FUEL HEATING APPLIANCE PERMITS: A. It shall be unlawful for any person in the City of Meridian to install a solid fuel heating appliance in any new or existing building without first obtaining from the City Building Inspector a solid fuel heating appliance permit. B. It shall be unlawful on or after the effective date of this Section for any person in the City of Meridian to: advertise for sale, offer to sell, or sell, for in- stallation in any new or existing building, a solid fuel heating appliance which has not been certified as clean burning by the Oregon Department of Environmental Quality. AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888-4481 4. ISSUANCE OF SOLID FUEL HEATING APPLIANCE PERMITS: A. No solid fuel heating appliance permit shall be issued by the City Building Inspector or his designee for the installation of a solid fuel heating appliance which has not been certified as clean burning by the Oregon Department of Environmental Quality. B. The City Building Inspector shall maintain a list of appliances certified to be clean burning by the Oregon Department of Environmental Quality. 5. DENIAL OF PERMIT: A. Upon a showing of grounds exist for the Building Inspector or by sending through the containing the grounds plicant's opportunity City Council. sufficient cause to believe that denial of a permit, the City his designee may deny said permit regular mail a written notice for said denial and of the ap- to appeal said denial to the B. Failure of a person to actually receive a notice sent shall not invalidate the denial. C. The applicant, upon receiving notice of the denial, may appeal said denial by making application with the City Building Inspector for a hearing before the City Council within ten (10) working days of receipt of the above notice. 6. DENIAL HEARING AND DETERMINATION BY BOARD: At any hearing before the City Council pursuant to this Section applicant may present evidence, call witnesses and be represented by counsel. Within fifteen (15) working days after the date of the hearing, the City Council shall after making appropriate findings; either: A. Uphold the denial by the Building Inspector or his designee; or AMBROSE, FITZOERALD & CROOKSTON Attorneys and Counseiore P.O. Box 427 Meridlen, Idaho 83842 Telephone 888.4481 B. Allow the issuance of the permit. 7. APPEAL OF DECISION OF BOARD: The decision of the City Council on a denial shall be final and conclusive. Appeal from a decision of the City Council must be made to the District Court of the State of Idaho, in and for the County of Ada under the Idaho Administrative Procedures Act. 8. COOPERATION WITH BOISE CITY AND ADA COUNTY IN AN INCENTIVE PROGRAM FOR THE INSTALLATION OF CLEAN BURNING SOLID FUEL HEATING APPLIANCES: The City of Meridian shall cooperate with the City of Boise City and Ada County in its endeavors to create, and, if possible, provide funding for, an incentive program for the installation of clean burning solid fuel heating appliances in buildings. 9. PENALTY: A violation of any of the provisions of this Section, or the failure or omission to perform any duty imposed by the provisions of this Section is hereby declared unlawful and punishable as a misdemeanor. 10. APPLICABILITY OF SECTION: Nothing in this Section is intended to conflict with, supersede, repeal, or affect any other regulations or requirements for the installation or inspection of solid fuel heating appliances previously adopted. Section 2. EFFECTIVE DATE. WHEREAS, there is an emergency therefor, which emergency is declared to exist, this Ordinance shall take effect and be in -force f rom and after its passage, approval and publication as required by law. PASSED by the City Council and,.a/~pproved by the Mayor of the City of Meridian, Ada County, this j~~ day of ®~fr•~ ~jer-' 1987. AMBROSE, FITZ~ERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone B88~M81 APPROVED: GRANT P. RINGSFORD, MA R AMBROSE, FITLGERALD & CROOKSTON Attorneys and Counselors P.O. Box d27 Merldlen, Idaho 83842 Telephone 8884481 ATTEST: NIEM~fNN, CITY CLERR