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1981 08-17L AGENDA 4eridian City Council August 17, 1981 ITEM: Minutes of previous meeting held 8.3.81 APPROVED 1. HEARING - Federal Revenue Sharing Pre-Budget Hearing 2. HEARING - Milton Subdivision Final Plat APPROVED with conditions 3. Country Terrace No. 2 Replat and Vacate 20 foot easement in Calderwood Street APPROVED with conditions 4. Keith Jacobs, ACHD RE: Meridian Street & Cherry Lane Improvements Agreement with Paul Zatika 5. DEPARTMENT REPORTS: Attorney Fred Frahm introduced as assisstant to Ambrose, Fitzgerald and Crookston Jr. Motion Carried to not rejoin Ada Planning Association J-U-B Engineer Statement No. 2 correction Motion Carried to purchase new Fire Truck 6. TENTATIVE BUDGET AND RESOLUTION N0. 78 APPROVED Hearing set for 7:30 P.M. September 8th, 1981 for Final Budget Hall Regular meeting called to order by Mayor Joseph L. Glaisyer at 7:30 P.ht. Councilmen Present: Grant Kingsford, Bill Brewer and Rick Orton Jr. Richard Williams absent Others Present: Earl Ward; Dale Milton; Keith L. Jacobs Jr.; Bob & Georgia Chapin; Al Capaul; Vern Schoen; Gary Smith; Jon Carter; Bruce Stuart; Jim Potter; Doug Nichols; Roger Welker; Susan C. Scott; Steve Gratton; Fred Frahm Minutes of the previous meeting held August 3, 1981 were approved as read. Agenda 1 PUBLIC HEARING FEDERAL REVENUE SHARING Mayor Glaisyer: I will now open the public hearing on the proposed use of Federal Revenue Sharing Funds for the fiscal year 1981-82. The fund will be approximately $41,000.00. Are there any comments from the Public?" No respoonse. Are there any comments from the Council?" Rick Orton: "Are the plans for that firmed up at this point?" Mayor: "We are going through the public hearing process and then it will be firmed up when the hearing is closed." No other comment. "Public Hearing is closed." Agenda Milton Subdivision Final Plat Hearing 2 Jim Potter, Potter & Associates Inc., was present to represent Milton Subdivision Final Plat. Milton Subdivision is located on 2 1/2 Street and to the east, Cottage Home Second, 1304, 1312 and 1316 2 1/2 Street. Potter: "We have prepared the Final Plat according to the approval of the Preliminary and as of this date received a Quit Claim Deed on the property in question causing the overlap of deeds on the north portion of this property, which would be on the south .portion of Olive-Dale Subdivision. We request your consideration for approval of the Final Plat." Gary Smith, City Engineer: (Displaying Final Plat map) "One of the things I noticed is the boundary on the Preliminary Plat changed on the southeast corner. Normally when the Preliminary's come in, the exterior boundaries are fairly well defined by bearing and distance, but here we have a 25 by 230 feet - " Potter: "This was because of the boundary problem - this goes back a few years ago - in which a conservative approach was taken on both sides of this being platted from the possession line and this platted to the deed line. So to rectify this a Quit Claim Deed has been obtained on a 28 fomt stip here and a Quit Claim Deed issued on this strip here and have received no response from this party indicating interest." Smith: "This area that is shown down here was originally shown on the Preliminary Plat as 14 feet." Potter: "There were two strips. Historically there has been three interpretations of deed lines in that area. This was done to clear up once -and-for-all the problems out in that area the difference between possession lines and deed lines." Smith: "You have deeds now where the lines are established?" Potter: "This is the deed from Olive-Dale (Dale Bates) Quit claiming the 28 foot stip and we issued a deed to Mr. & Mrs. Hawkins on this piece of land in here." Smith: "O. K." "The tie distance from 3rd Street that intersects the subdivision boundary should be shown on the plat, so it's located, and that it is dedicated. The tie distance from the N.E. corner of the subdivision changed 36.42 feet from the Preliminary Plat." Potter: "That's correct - that's how much difference between possession owners and record owners." Smith: "In the Preliminary Plat it only showed 14.7 feet from the deed line to the fence line." Potter: I wish I had brought a copy of that - but in the sketch it shows that. When these two surveys were done, it was based upon the old deeds" Potter explained in detail how this was done. (Meridian .2. August 17, 1981 (Agenda 2 (Cont'd) Milton Sub... There was more discussion concerning the difference of distance between the Preliminary Plat and Final Plat. Tape on file. Gary Smith concluded that he would talk to Tom Eddy, J-U-B Engineers Surveyor, to justify the changes. Smith: "Also, "Sanitary Sewer" should be included in the utility easement for clarity sake and called out in the legend." Potter: "That would be no problem" Smith: "I want to make sure when someone looks at the plat they will know that sewer is there." Fire Chief Welker questioned the street improvement. Potter: "Ada County Highway District did not require it at this time." Kingsford: "One of the conditions of both Planning & Zoning and the Council on the Preliminary Plat was that they have to go before both bodies before this could be developed." Potter: "There are structures on Lots 1 and 3" Kingsford: "Platting doesn't change the back" Potter: "Anything that happens on the Lot 2 would come before you and it was by agreement that replatting would be considered necessary at that time." Mayor Glaisyer: "Is there anyone from the public that wishes to make a comment concerning Final Plat of Milton Subdivision?" Attorney Crookston advised that there be no full 'approval untillproof of concurrence. The Motion was made by Kingsford and seconded by Rick Orton that Milton Subdivision Final Plat be approved with the condition same as Preliminary Plat approval; no development of any kind, or building of any kind, take place on Lot 2 until brought back to the Planning and Zoning Commission and the City Council; and with the stipulation that the ten (10) foot utility be changed to sixteen (16) feet; and that the City Engineer proves concurrence settling the property dispute." Plotion Carried: Kingsford, yea; Orton, yea; Brewer, yea Agenda 3 Country Terrace No. 2 Replat and Vacate 20 foot Easement in Calderwood Street Jon Carter, Hosac Brothers Inc., was present to request that the Country Terrace No. 2 Replat be removed from the Table. (ACRD letter of 8.12.81 on file w/minutes) Mayor Glaisyer read from the Ada County Highway District's letter of August 12, 1981 "No building shall be constructed on Lot 9, in Block 1 of the amended plat of Country Terrace Subdivision prior to approval of the Ada County Highway District, pertaining to completion of improvements of Country Terrace Way lying southeasterly of the cul-de-sac. The construction of Country Terrace Way from the cul-de-sac to the east boundry of this subdivision may be inappropriate at this time, since the east bordering land development is not certain. Presently, the Country Terrace Way cul-de-sac is fully improved, thus providing improved public access for all lots, except Lot 12 and Lot 13 (the well lot) within the Subdivision. Since Lot 12 does not have improved public access and further subdivision of Lot 12 is anticipated, the District is considering the above note in-lue-of actual improvement of Country Terrace Way, from the cul-de-sac to the subdivision boundry." (NOTE: Lot 12 was changed to 9, Lot 13 changed to 8, see page 3.) Jon Carter: "We have not received this letter yet but we would propose to amend this note to place a similar restriction for the water and sewer - that nothing can be done with that property until such time the street improvements, water and sewer lines installed. The Highway District of course is concerned only with the street." Bob Chapin, Owner of Lot 1 (changed to Lot 1, Block 2, page 3) and Al Capaul received copies of the RCHD letter dated August 12, 1981. Mayor called far comments or questions. Gary Smith, Engineer: "Not that the City has any control but the possibility exists I Meri (Agenda 3 (Cont'd) Country Terrace....... that the City would have control of the operation and maintenance of the water system and the well, and my concern is the access to that well if that should ever happen. Presently there is - Jon please correct me if I'm wrong - there's a 10 ft. easement along the east side of the Subdivision down to Calderwood." Jon Carter: "We have widened that easement to make a way to get into the well lot, that was one of the County's request. You probably had one of the early copies and we have quite a bit of feed back from County Zoning since then and their concern was access to the well lot and we have provided access here and easement here. (Carter points out easement on map) Smith: "Is that a travelable access?" "Will there be a road there?" Carter: "Yes - but on this one we weren't planning a road, you can drive a well maintenance vehicle to the well lot,however." Attorney Crookston: "The new easement - is that included as part of the amended plat?" Carter: "Yes, it would be on the new plat" Crookston: "Who owns the lots that this width for access is on?" Carter: "We do" (Hosac Brothers) Smith: "The record on this now is Lot 9 and not Lot 12?" Carter: "Yes, we have been asked by Ada Zoning to renumber these lots so there isn't the confusion between the numbering on the original Country Terrace and the new Plat. So we have numbered these lots one (1) through nine (g), Block 1 and Lot 1 of Block 2. There has been notification of everyone involved in that. Smith: "So Lot 9 will be referred to as the previous Lot 12?" Carter: "It was Lot 12 on the old Plat" Mayor Glaisyer: "Are there any other questions?" Bob Chapin: "What did you say about the change of Lot 9?" Carter: "This was an item brought up by the County Zoning Department Staff, they suggested that we renumber the lots in the new Subdivision. I believe this is something we had discussed with you or one of the other owners, if there was any problem involved with the renumbering. There are different blocks now. Chapin's lot is Lot 1, Block 2 now." Councilman Orton asked to see the new Subdivision map and to have the new numbering explained. Carter displayed plat and explained change of Lot and Block Pumbering: "Block 1 and Lots 1 through 7, 8 and 9 and Lot 1 of what was originally Block 3 is Lot 1 of Block 2." Kingsford: "Then the letter from the Highway District wi11 be changed to read the same?" Carter: "Yes, it will be changed to read the same. Also should be worded so that it would include the dry lines sewer and water with the street improvements." Carter marked change of Lot and Block numbers on City Clerk's File Map. The Motion was made by Rick Orton and seconded by Bill Brewer that they approve Country Terrace Subdivision No. 2 Re plat with stipulation that wording is placed on the Plat as recommended by the Ada County highway District with the Lot changed to Lot 9, Block 1; Well Lot changed to Lot 8, Block 1; Chapin Lot changed to Lot 1 Block 2; and wording added to include dryline sewer and water to the facilities and improvements to be made before roadway is completed; and to approve vacation of the 20 foot easement in Calderwood Street. Motion Carried: Kingsford, yea; Brewer, yea; Orton, yea. Agenda Councilman Brewer questioned Keith Jacobs about the street, gutter and sidewalk 4 improvements on the corner of Meridian and Cherry Lane. Keith Jacobs: "The improvements at Meridian and Cherry Lane in that area are about 300 feet designed further to the West, through that intersection. That has been a design that's been on the board, I think has been approved. There's been some talk of possibly doing it but I don't know when it will come about." Mayor: "Y.eith, I thought ACHD had made a deal with Paul Zatika that you would cut back that concrete island and they were to spend in lue of hookup sidewalks all the dian City Hall (Agenda 4 (Cont'd) Keith Jacobs, ACHD..... way to Meridian Street." Kingsford: "And also down Meridian Street'to..." Jacobs: "I do not know the wording on that particular agreement. However, I do know we did cut the island back to allow the traffic to turn around and go back in towards 6oise--make the left hand turn--but I don't know how extensive the curb and gutter to the West was to be installed. At this time we have a problem with going clear to the corner because if you went to the corner you have to go further to the North on Meridian and also carry it through the intersection and just practically re-dq the whole intersection for drainage. This is a major problem and could be the reason why it's installed as far as it is and hasn't been carried to the intersection. They have agreed to carry on whenever the project continues through that intersection, at this time it's more of a drainage problem than any- thing." Kingsford: "Has Cherry Plaza agreed to continue that on?" Jacobs: "That was my last understanding when we had dealings with the island." Kingsford: "If my memory serves me right, one of the conditions when that asphalt was taken out of the island that would go in before construction took place i.e. Provident Federal, and it was to go on around the corner." Brewer: "Well I think it's been the understaning of all of us - when Mr. Zatika completed his project on the corner, when the property finally developed, that would be his time to go ahead make his improvements - both sides of his property." Jacobs: "I would have to look at the agreement.- I get in on mainly the engineering part of it." Jacobs suggested that Brewer contact Chuck Smith, Right-of-Way Department, or Frank Capshaw. Brewer: "As long as your here and were getting somewhere - that left hand turn lane situation was going to be put in on the end of that island where that portion was removed prior to the water coming into the ditch. It was supposed to have been done a long time ago and it's not there yet." Jacobs: "Frank Capshaw could answer that question." Playor and Council thanked Mr. Jacobs and he left the Chamber at this time. Agenda 5 DEPARTMENT REPORTS Attorney Wayne Crodkston introduced a new Associate of Ambrose, Fitzgerald, Crookston and Mc Lamm. Crookston stated that Val M11cLam is leaving the firm and Fred Frahm will be active doipg a lot of the criminal. City Clerk reported a correction to J-U-B Engineers, Inc. Statement No. 2, DVY Construction Company vs. City. Statement No. 2 also included payment of Statement No. 1 in the amount of $324.90, therefor a double payment was issued on Check #1274. Check #1274 to be returned to the City and a correct check for 1,011.75 will be issued from the Construction Account. Transfer of funds were approved August 3, 1981. Mayor Glaisyer brought the Ada Planning Association FY 82 Work Program/Budget to the attention of the Council. He stated that for the City of ~geridian the total fee would be $3,200.00. It was recommended that due to the tight budget that the City should not renew the membership. The Motion was made by Rick Orton and seconded by Bill Brewer that the City of Meridian to not rejoin the Ada Planning Association. Motion Carried: Orton, yea; Brewer, yea; Kingsford, yea Williams, Absent Copy of Ada Planning Association letter dated June 17, 1981 on file with these minutes. Mayor Glaisyer called for discussion concerning the purchase of a Rural/City Fire Truck Pumper in the amount of $130,000 to be split equally between the two entities. The purchase of the truck would give both a fire rating of 5 with the Fire Rating Bureau. He stated it is a vast expenditure but needed by all in the community. (Meridian Citv Hall Agenda 5 (Cont'd) Department Reports....... .5. Mayor Glaisyer: "I think working with the Fire Commissioners will be cost saving to the City." Orton: "T didn't get to come look at the truck - is this a 1.500 gpm pumper truck?" Welker, Fire Chief: (Displayed brochure) "1,500 gpm, replaces 1952 which will be traded in on the new one. The 1952 cannot be rated anymore because it is over 20 yrs. old." Kingsford: "Basically what we are talking about is that the City needs $110,000 truck and the Rural needs a $110,000 truck - and we can do both with this truck." Orton: "Roger, does the price I see here $134,335.00 which does not include tradein, include all peripheral equipment?" Welker: "All equipment is listed in the proposal - hoses, nozzle's--" Orton: "So we would actually be able to run it on the first day we get it?" Welker: "It's ready to go" "Delivery apx. 160 days" Orton: "ldhat type of a warranty does this truck have?" Welker: "One (1) year on the truck chassis and engine -ten (10) years on the tank." "Service available in Boise" Orton: "Joe, is your plan to go with the lease option?" Mayor Glaisyer: "A lease option." Orton: "The first plan is to primarily use Federal Revenue Sharing money to pay our portion of the note." Mayor: "That is correct" "I called Senator Symms' office and we will have Revenue Sharing two more years." Orton: "I think this is a wise use of Revenue Sharing since it is extended two more years, this is something we need badly and something reasonably a long term investment" The Motion was made by Grant Kingsford and seconded by Rick Orton that the City purchase the Pierce Pumper Fire Truck with the Rural District being fifty - fifty and that the City use Federal Revenue Sharing money for a portion. M11otion Carried: Kingsford, yea; Brewer, yea; Orton, yea Agenda 6 Tentative Budget FY 1981-82 P1ayor Glaisyer read Resolution No. 78 entitled:. A RESOLUTION AUTHORIZING PUBLICATION OF AN ESTIMATE OF THE EXPENSES FOR ALL PURPOSES FOR THE CITY OF MERIDIAN, ADA COUNTY IDAHO, FOR THE FISCAL YEAR BEGINNING THE 1ST DAY OF OCTOBER, 1981, AND ENDING THE 30TH DAY OF SEPTEMBER, 1982, AND GIVING NOTICE OF PUBLIC HEARING PRIOR TO THE PASSAGE OF THE ANNUAL APPROPRIATION BILL. Mayor: "Statement of probable revenue of the City of Meridian for the 1981-1982 fiscal year is $1,257,299.00. The probable expenses is $1,257,299.00. The estimated assessed valuation of the said City of Meridian is $132,940,081.00." "Notice will be given that there will be a hearing upon the proposed budget at 7:30 P.P•1. Tuesday, September 8th, 1981 at the Meridian City Hall." The Motion was made by Bill Brewer and seconded by Rick Orton to approve the Tentative Budget Fiscal Year 1981-1982 and adopt Resolution Number 78 with the Final Budget Hearing set for 7:30 P.M. September 8, 1981 at the City Hall. Motion Carried: Kingsford, yea; Brewer, yea; Orton, yea Copy of Tentative Budget, Resolution No. 78 on file with these minutes. The Motion was made by Kingsford and seconded by Brewer that the meeting adjourn at 8:15 P. P1. Motion Carried: Brewer, yea; Orton, yea; Kingsi:or~l, yea Meeting Adjourned. // J/ > > ATTEST: eph: G aisyer, Q L,z-=-cam ~ ~~..G~i~t Ct%~l~ nr ni rnv ~ A~ COUNTY HIGHWAY DISTRI~ CHARLES L. WINDER, PRESIDENT KARL JEPPESEN. VICE PRESIDENT LAWRENCE C. JACKSON, SECRETARY August 12, 1981 City of Meridian City Hall 728 Meridian Meridian, ID 83642 Attention: Meridian City Council Gentlemen: The Highway District Commissioners are considering using the following note wording to address a special situation encountered with the processing of the Country Terrace #2 Subdivision Plat: No building shall be constructed on Lot ~, in Block 1 of the amended plat of Country Terrace Subdivision prior to approval of the Ada County Highway District, pertaining to completion of improvements of Country Terrace Way lying southeasterly of the cul-de-sac. 318 E. 37TH STREET BOISE, IDAHO 83704 PHON E: 384-4050 The construction of Country Terrace Way from the cul-de-sac to the east boundry of this subdivision may be inappropriate at this time, since the east bordering land development is not certain. Presently, the Country Terrace Way cul-de-sac is fully improved, thus providing improved public access for all lots, except Lot 12 and Lot 13 (the well lot) within the subdivision. Since Lot 12 does not have improved public access and further subdivision of Lot 12 is anticipated, the District is considering the above note in-lue-of actual improvement of Country Terrace Way, from the cul-de-sac to the subdivision boun- dry. Please consider this matter at your earliest convenience. If you have any questions, please feel free to contact me. Sincerely, 7 Keith L. Jacobs, Jr., E.I.T. Design and Review Engineer KLJ:cIg cc: Gary Funkhouser, Director, A.C.H.D. Terry Connell, Deputy Director, A.C.H.D. Subdivision Review, A.C.H.D. File ~~~,.~..,s~,~,„fees k~ ¢ Yx'„19 ~n#~' ~ i"Y ~ yA v at *fr' June 17, 1981 Mayor Joe Glaisyer City of Meridian 728 Meridian Street Meridian, ID 83642 Dear Mayor Glaisyer: r1 LJ The APA Board gave preliminary approval to a FY 82 Work Program/Budget at its meeting May 7, 1981. Subsequent to that approval, APA Chairman and staff have met with federal and state grant officials to firm-up auailable federal arx~ state funds. The preliminary FY 82 Work Prrogram/Budget was developed through Board action in reducing tasks from an original larger list of possible planning efforts. This year's program is oriented to federal requirements and funds more heavily than those of the previous three or four years. Significant rt~ductions in comprehen- sive and land use planning and administration have been made to allow for staff shifts to transportation and air quality planning. The budget features include: 1. Includes a 7% Pay Plan and a 7% increase to cover operation aryl [r~2.in- tenance inflation increases. 2. Assumes the maintenance of present staff levels. (25.5 positions) 3• Applies all available federal funds to meet federal requirements aryl local objectives, wherever possible. 4. Restricts the use of balance-brought-forward-funds as a possible reve- nue source during FY 82. 5. Requires a 10% increase from local receipts in order to financially balance aril accomplish the work program budget. For the City of Meridian, the local fund included is $~~20A. Attached is a three-year fording table which shows all local budgeted fords for APA operations. For Ada County, the general ford included is $91,400 and the spe- cial Hand included is $107,900, for the Planning Commission and $18,600 for solid waste related planning. EOUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER • Letter to Mayor Glaisyer June 16, 1981 Page Two C~ The detailed work program/budget is being revisal in accordance with federal requirements. It will be transmitted in July, when final adjustments can be made. Please call on Robert Hilgenberg and staff for all information concerning the FY 82 UPWP Budget. 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' . ice,,; ,'ti ,. t -' t?{k "~ ~ z7i • ORDINANCE N0. 397 • AN ORDINANCE AMENDING TITLE 3, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, ENTITLED BUSINESS REGULATIONS, BY THE ADOPTION OF A NEW CHAPTER 19 TO SAID TITLE 3, REGULATING PRECIOUS METAL DEALERS, PROVIDING DEFINITIONS, SPECIFYING EXEMPTIONS, REQUIRING A LICENSE, REQUIRING RECORDS OF TRANSACTIONS, REQUIRING THAT ARTICLES PURCHASED BE KEPT FOR TEN DAYS, ESTABLISIHING VIOLATIONS AND PENALTIES, and PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian have concluded that it is in the best interest of said City to amend TITLE 3, by adopting thereto a new Chapter 19, to be entitled "Precious Metal Dealers", NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Title 3, Business Regulations, be and the same hereby is amended by the adoption thereto of a new Chapter 19, to be entitled "Precious Metal Dealers", said Chapter 19 to read as follows: 3-1901: DEFINITIONS 3-1902: APPLICATION 3-1903: EXEMPTIONS 3-1904: LICENSE REQUIRED 3-1905: LICENSE FEE 3-1906: RECORD OF TRANSACT IONS; :INSPECTIONS 3-1907: GOODS TO BE RETAINED FOR TEN (10) DAVS 3-1908: VIOLATIONS 3-1909: APPEAL FROM DENIAL OF LICENSE 3-1910: REVOCATION OR SUSPENSION OF LICENSE 3-1911: PENALTIES 3-1901: DEFINITIONS: 1. PRECIOUS METAL DEALER: Any person, firm, partnership, corpor- ation, and any principal, employee, or agent thereof, regularly engaged in or con- ducting business for the purchase, sale, trade or exchange of precious metals, used jewelry, money, silverware, gems or semi-precious gems. 2. ITINERANT DEALER: Any precious metal dealer engaged in any tem- porary or transient business conducted in a shop, room, hotel room, motel room or other premises rented for less than thirty (30) consecutive days or used on a tempor- ary basis. 3. ESTABLISHED DEALER: Any precious metal dealer conducting business at a fixed location within the City of Meridian on a permanent basis. Permanent shall mean 30 consecutive days of more. 4. PRECIOUS METAL: Gold> silver, platinum, or any combination thereof, whether in manufactured, alloyed, or any other form. 5. USED JEWELRY: Previously owned articles of personal adornment, incl~Ydirig, but not limited to, watches, rings, pendants, chains, brooches and necklaces, which are not purchased or sold as new and which are composed in whole or in part of precious metals, and which may contain diamonds, sapphires, rubies, pearls, emeralds, other precious gems or semi-precious gems. 6. MONEY: Items of numismatic value. 7. SILVERWARE: Silver or silver plated flatware, trays, goblets, dishes, or serving pieces. 8. SEMI-PRECIOUS GEMS: Gems such as jade, tananite, tsavorite, garnets, aquamarines, turquoise, opals, and other gems of lower value than those classified as precious. and emeralds. 9. PRECIOUS GEMS: Gems such as diamonds sapphires, rubies, pearls 3-1902: APPLICATION: This Chapter shall be applicable to the principals of any entity performing any activity regulated by this Chiypter and to their agents and employees and to persons forming a partnership for the purpose of engaging in any activity subject to regulation by this Chapter. Every dealer regu- lated hereunder shall be liable for all the penalties provided herein for violation for any provision of this C6tapter, whether such violation be committed by himself or his agent, clerk or employee. 2'72 3-1903: E~IONS: •is Chapter shall not apply to:• • (a) Licensed pawnbrokers; (b) Any person who, solely as a hobby, collects coins or other money of numismatic value or any other item specified in Section 3-1901 and who purchases, sells or exchanges such items in pursuit of that hobby; (c) Persons or transactions associated with bona fide trade shows or conventions where all transactions of purchase, sale or exchange are made in connection with such trade shows or conventions and within the confines of the trade show or convention site; (d) The purchase or receipt of any item regualted 6y this chapter by one precious metal dealer from another provided that the item, if origianlly obtained from one other than a dealer, has been registered and retained for the ten-day period as required hereunder. 3-1904: LICENSE REQUIRED: (A) It shall be unlawful for any person, firm, partnership or corporation to engage in the business of a precious metal dealer unless a valid lincense therefor has been issued as herein provided and said license is in full force and effect. (B) Application for such license shall be made to the City Clerk in such form and manner as he or she may prescribe. Such application shall include, but not necessar- ily be limited to the following information: 1. The name and address of the applicant, and if a partnership, the names and addresses of each partner, and if a corporation or association, the names and addresses of the principal stockholders, and the name of the operating manager of the business; 2. Whether the applicant is seeking a license to do business as an established precious metal dealer or an itinerant precious metal dealer, and if an itinerant dealer, the length of time for which the right to do business is desired; 3. Whether the applicant has had a similar license revoked-!. by the City of Meridian or any other city of thus State.or,tif the Uhited States or any! State of She United States-wi,ltti.inahe past 'five (5) years; 4. Whether the applicant has been convicted of any felony or misdemeanor, other than minor traffic violations, the nature of the offense, and the date, and the punishment or penalty assessed therefor. (C) Upon receipt of an application fora license, the City Clerk shall cause an' investigation to be made of the applicant or applicants. Such investigation shall be completed within thirty (30) days; provided, however, that investigation of an appli- cant by an itinerant precious metal dealer shall be completed within five (5) working days. (D) No person shall be issued a license to engage in the business of a precious metal dealer when that person: 1. Is under the age of eighteen (18) years; 2. Is not a bona fide owner of such business; 3. Has had a similar license revoked by this City or-any other. city of this State or of the United States within the five (5) years immediately preceding the date of the filing of the application; 4. Has been convicted of any felony, or h'as been convicted'of any other Crime, whether felony or misdemeanor, involving moral turpitude within the five (5) years immediately preceding the date of the filing of the application; or 5. Has misrepresented or made a false or fraudulent statement of material or relevant facts contained in the application; or 6. Has engaged in a fraudulent transaction or enterprise. (E) An affirmative showing with respect to the qualifications herein specified shall be required to be made with repect to each applicant and to each partner of a partnership applicant and to each officer, director or member of the governing board of a corpor- ation or association. (F) .Upon completion of the investigation, the City Clerk shall notify the applicant whether his license request is approved and upon payment of the prescribed license fee shall issue a license. Such license shall show the name and address of said licensee, the amount of fee paid, the date of issuance and the date of expiration:.. 273 (G) The City C1 .shall ify the applicant if his licen eque s disapproved, the reasons they r, and ~se him of the appeal procedur~ (H) License shall not be transferable, either as to person or place. The license issued hereunder shall be posted conspicuously in each place of business named therein. 3-1906: RECORD OF TRANSACTIONS; INSPECTIONS: (A) Every precious metal dealer shall keep at his place of business, or carry with him while conducting business, a permanently bound book in which shall be legibly recorded with ink in the English language at the time of any purchase, exchange or receipt of an item for sale, the following information: 1. The date of the transaction; 2. The name of the person or employee conducting the transaction; 3. The name, age, sex, driver's license number, or social security number, vehicle license plate number, and street address of the person with whom the transaction is conducted. 4. The name and street address of the owner of the property; 5. A complete description of the property including, but not limited to, the type of item, the brand name, the type and approximate weight of the precious metals of which it is composed, the types of gems or stones in the item, their points, weight and/or carats, if available, any letters or other identifying marks inscribed thereon and such other information as may be nec- essary to distinguish the item from others of similar character; 6. Signature of the person selling the property. (B) The record required to be maintained hereunder shall be retained fora period of one (1) year after the date of the transaction. (C) All records required by this Section shall be made available during ordinary busi- ness hours for inspection by any law enforcement officer:. (D) Every precious metal dealer having good cause to believe that any property in his possession has been previously lost or stolen shall forthwith report such fact to the Meridian City Police Department, together with the name of the owner if known, and the date when and the name of the person from whom the property was received. 3-1907: GOODS TO BE RETAINED FOR TEN (10) DAYS: Except with respect to precious metals acquired in the form of bulk or bullion, no precious metal dealer shall sell, melt, change the form of or dispose of any article received by him, the pur- chase, sale, or exchange of which is regulated by this Chapter, fora period of ten (10) days after the receipt thereof. A71 such articles shall be retained in the possession of the dealer during the ten-day period at the Location specified in the license required herein.-;All such articles shall remain subject to inspection by any law enforcement officer daring normal business hours. 3-1908: VIOLATIONS: (A) It shall be unlawful for any precious metal dealer and any clerk, agent or employee of a precious metal dealer to: 1. Acquire by purchase, trade, exchange or otherwise goods bearing evidence of a serial number which has been tampered with or scratched or obliterated in any manner, unless such person immediately contacts the Meridian City Police Department. 2. Accept, buy or exchange any articles prior to examining the identifying - credentials of the person sell-ing or exchanging said articles; ~ = 3. Fail to maintain the record required under Section 3-3906, or fail to mairi-I~~ tain such record as to any item of which record is required to be maintained under Section 3-1906, or fail to make an entry of any material matter i~ the record of any transaction; 4. Make any false entry in the record required by Section 3-1906; 5. Obliterate or destroy the record required by Section 3-1906; provided, however, that such records may be destroyed at the expiration of the one-year retention period prescribed in 3-1906; 6. Refuse to allow any law enforcement officer to inspect the record required by 3-1906, or any articles in his possession during normal business hours; 7. Report any material matter falsely to a law enforcement officer; 8. Acquire by purchase, trade, exchange or otherwise, any articles from any person under eighteen (18) years of age, without the express written consent of his or her parent or guardian or unless said minor is the head of a family; 9. Fail to report forthwith to the Meridian City Police Department the receipt of any property which he has good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when and the -name of the person from whom the property was received. ?''~ ~ (B) It shall be ~wful f any person to use a false name fict' ous address, or any address other Zfian the ~e address, or to furnish any f~e, un or misleading information or statement relating to the information: required by Sec ton 3-1906. 3-1909: APPEAL FROM DENTAL OF LICENSE: Within five (5) days, excluding weekends and legal holidays, from refusal of the City Clerk to issue or renew a license under this Chapter, the applicant fora license may appeal to the City Council for the purpose of having the City Council review the action of the City Clerk. The appeal by the licensee of the applicant whose license has been refused must be in writing and shall set forth the reasons why such license should not have been refused. The City Council shall hear the appeal withing fourteen (14) days, excluding week- ends and legal holidays, after the filing thereof, and shall render its decision within seven (7) days, excluding weekends and legal holidays, after said hearing. The decision of the majority of the City Council shall be final as to the issuance of the license. 3-1910: REVOCATION OR SUSPENSION OF LICENSE: The City Council shall have the power to revoke or suspend any license granted in accordance with this Chapter for any of the following causes: 1. Fraud, misrepresentation or false statement contained in the application for license; 2. Fraud, misrepresentation or false statement made in the course of carrying on the business of a precious metal dealer; _ 3. Any other-violation of this Chapter; 4. Conviction of any~fe]ony or misdeamranori involving fraud, theft, dishonesty, or receiving or possessing stolen property, or any other crime involving moral turpitude. Prior to any revocation or suspension, the licensee shall be granted the opportunity for a public hearing before the City Council, which hearing shall be held not later than. fourteen (14) days after written notice to the licensee of intent to revoke or suspend. Such notice shall speoifty the date, time and place of hearing and sha11 be delivered to the licensee personally or mailed to the licensee at the address set forth`in the license application. If, after such grounds for revocation exists, it shall revoke the license. The decision of the City Council shall be final. 3-1911: PENA{.TIES: Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor and, upon conviction. thereof, shall be punished by a fine of not more than three hundred dollars:,.($300.00),..or by imprisonment in the county jail for not more than thirty (30) days, or by both such fine and imprisonment. Section 2. WHEREAS, there is an emergency therefor, which emergency is declared to exist, this Ordinance shall take effect and be in force from and after its passage, approval and publication as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this :8th day of August, 1981. = IfifTEST: aW na L. Niemann, Cit Clerk pc: Codifiers AIC Minutes 2~0 ~ ORDINANCE N0. 396 ~ • AN ORDINANCE AMENDING AND CHANGTNG.THE ZONING TN CERTAIN REAL PROPERTY DESCRIBED AS LOTS 4 AND 5, BLOCK 2, RONANS ADDITION TO THE GTTY OF MERIDIAN, ACCORDING TO THE OPfTCTAL PLAT THEREOF, RECORDS OP ADA COUNTY, IDAHO, WHEREAS, the City Council and the Mayor of the City of Meridian, have concluded that it is in the best interest of said City to rezone the following described real property from "A" Residential to "C" Commercial: Lots 4 and 5, Block 2, ROWANS ADDITION to the City of Meridian, according to the official plat thereof, records of Ada County, Idaho, such rezone sub,~ect to conformance by-owner of said described real property to the requirements of the Ada County Highway District. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That the aforementioned real property, which is described as follows: Lots 4 and 5, Block 2, ROWANS ADDITION to the City of Meridian, according to the official plat thereof, records of-Ada County, Idaho. be and the same hereby Ts rezoned from "A" Residential to "C" Commercial, subiect to the owner of said real property meeting all requirements of the Ada County Highway District as they relate to said above described real property. Section 2. This Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 8th day of August, 1981. ATTEST: ~/. ..~_~ Jana L. Niel C y C erc pc: 9-15-81 Recorder AIC APA Codifiers Central Health ACRD Ada Zoning Director Ada Commissioners 9-23-81 Ada County Assessor Ada County Tax Collector CTMz Idaho Power Tdaho Survey& Rating Intermountain Gas Mountain Be11 Nampa-Meridian Trrig. State Electrical Bd. State Highway Dept. State Plumbing Bd. State Tax Commission Stephens, ACBD UP Corp. US Dept. Commerce US Post Office JUB Engineers Vernon Schoen Bruce Stuart William B. Andrews