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