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1987 08-18~ ,, ~ • • A G E N D A MERIDIAN CITY COUNCIL AUGUST 18, 1987 ITEM: MINUTES OF THE PREVIOUS MEETING HELD AUGUST 4, 1987: (APPROVED) 1: ORDINANCE #484: AIR QUALITY ORDINANCE: APPROVE SUMMARY OF ORDINANCE #484 FOR PUBLICATION PURPOSES: (APPROVED) 2: ORDINANCE #485: REZONE OF KELSO, HARTWELL, BUTTERFIELD, SPENCER & SHEARER PROPERTIES: (APPROVED) 3: ORDINANCE #486: ANNEXATION & ZONING OF ALL ISON PROPERTY: (APPROVED) 4: ORDINANCE #487: REZONE OF DKDG PROPERTY IN SETTLERS VILLAGE: (APPROVED) 5: FINDINGS OF FACT AND CONCLUSIONS OF LAW ON VARIANCE REQUEST FOR HOUSE SIZES ON DKDG PROPERTY IN SETTLERS V ILLAGE: (VARIANCE DENIED) 6: APPROVE THE COVENANTS ON DKDG PROPERTY IN SETTLERS VILLAGE: (APPROVED) 7: RESOLUTION #114: TENTATIVE aUDGET: (APPROVED) 8: CABLE T.V. INCREASE: (APPROVED) 9: TRANSFER OF BEER LICENSE FROM GREAT WESTERN PIZZA TO VENTURES NORTHWEST, INC. CHICAGO CONNECTION: (APPROVED) 10: WINE LICENSE FOR VENTURES NORTHWEST, INC. CHICAGO CONNECTION: (APPROVED) 11: DEPARTMENT REPORTS: w • MERIDIAN CITY COUNCIL AUGUST 18, 1987 Regular Meeting of the Meridian City Council called to order by Acting Mayor Bill Brewer at 7:30 p.m.: Members Present: Ron Tolsma, Bert Myers, Bob Giesler: Members Absent: Grant Kingsford: Others Present: Roy Porter, Tom Cole, Walt Morrow, Jay Johnson, Gary Smith, Don Hubble, Wayne Crookston, Julie Stutts, Steve Wherry, Bob Mitich, Pete Michelson, The Motion was made by Myers and seconded by Tolsma to approve the minutes of the previous meeting held August 4, 1987 as written: Motion Carried: All Yea: Item #l: Ordinance #484: Air Quality Ordinance: Approve summary of Ordinance #484 for publication purposes: Acting Mayor Brewer: An Ordinance amending Meridian City Ordinance #441, pertaining to motor vehicles emission control, setting forth additional duties and powers of the Air Quality Board: amending the compliance sticker charge from $3.00 to $3.75: and amending the effective term- ination date and providing an effective date, is the anyone in the audience who wishes Ordinance #484 read in its entirety? There was no response. The Motion was made by Tolsma and seconded by Myers that the rules and provisions of 50-902 and all rules and provisions requiring that Ordin- ances be read on three different days be dispensed with and that Ordin- ance Number 484 as read be passed and approved: Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma,Yea: The Motion was made by Myers and seconded by Tolsma that the summary of Ordinance #484 for publication in the Valley News be approved: Motion Carried: All Yea: Item #2: Ordinance #485: Rezone of Kelso, Hartwell, Spencer, Shearer and Butterfield Property: Acting Mayor Brewer: An Ordinance amending and changing the zoning of certain real property in the City of ,Meridian which is described as a part of Block 4 of .the Amended Plat of F.A. Nourse's Third Addition to Meridian, Ada County, Idaho also known as 1403 East First Street Meridian, Idaho and a part of the NW ~ NW ~, Section 7, T. 3N.,R. 1E Parcels 3480, 3500, 3510 and 3520, Ada County, Idaho, also known as 1320, 1326, 1332 and 1404 East First Street, Meridian, Idaho: and providing an effective date. Is there anyone in the audience who wishes Ordinance #485 read in its entirety? There was no response. MERIDIAN CITY COUNCIL ~ • AUGUST 18, 1987 PAGE # 2 The Motion was made by Myers and seconded by Tolsma that the rules and provisions of 50-902 and all rules and provisions requiring that Ordin- ances be read on three different days be dispensed with and that Ordin- ance #485 as read be passed and approved: Motion Carried: Roll Call Vote: Giesler, Yea: Tolsma, Yea: Myers, Yea: Item #3: Ordinance #486: Annexation & Zoning of Allison Property: Acting Mayor Brewer: An Ordinance annexing and zoning. Lot #6 of East Side Addition to Meridian, Ada .County, Idaho: and providing an effect- ° ive d;~t'e,. Is there anyone in the audience who wishes Ordinance #486 read in its entirety? There was no response. The Motion was made by Myers and seconded by Giesler that the rules and provisions of 50-902 and all rules and provisions requiring that Ordin- ances be read on three different days be dispensed with and the Ordin- ance Number 486 as read be passed and approved: Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea: Item #4: Ordinance #487: Rezone of DKDG Property in Settlers Village: Acting Mayor Brewer: An Ordinance amending and changing the zone of certain real property in the City of Meridian, which is described as Lots 4,5,6 & 7, Block 1, and Lots 4, 5 , 6, & 7, Block 2, Settlers Village Subdivision, Ada County, Idaho and Vacating the pedestrian walkway easement~rtwenty feet in width along the eastern fifteen feet of Lots 4, 5, 6, & 7 Block land the fifteen foot wide walkway easement along the North end of Lot. 7, Block 2, Settlers Village Subdivision Ada County, Idaho, but leaving intact the drainage and utility ease- ments that run concurrent to the walkway easements, and providing an effective date. Is there anyone in the audience who wishes Ordinance # 487 read in its entirety? There was no response. The Motion was made by Giesler and seconded by Tolsma 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 487 as read be passed and approved: Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea: Item #5: Findings of Fact & Conclusions on. Variance Request for House Square Footage on DKDG Property in Settlers. Village: Acting Mayor Brewer: Councilman, is there any questions or comments on the Findings? There we-~`<e none. The Motion was made by Myers and seconded by Tolsma that the City Council of the City of Meridian does hereby °.adopt and approve the Findings of Fact and Conclusions as prepared on this request: Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea: MERIDIAN CITY COUNCIL ~ • AUGUST 18, 1987 PAGE #3 The Motion was made by Myers and seconded by Tolsma to deny the Variance Request fo the reduction in house square footage on the DKDG Lots in Settlers Village Subdivision: Motion Car ied: All Yea: Item #6: Covenants on DKDG Lots in Settlers Village Subdivision: Actin Ma ~r Br r• g y ewe Are there any comments or questions of the Council? City Engineer: There is a discrepancy in the Legal on page #1 and the lots on pagie #3:P~ge_lspeaks to Lots 3 through 7 Block 2 and on page 3 it speaks] to Lots 2 through 7 Block 2: Mr. Hubble:This must be a typo error and should be corrected: Tolsma: How about restriction for business ? Hubble: I Mink Article III, Section 1 covers this fairly well. The Motion taas made by Myers and seconded by Tolsma to approve the covenants f~r the lots in Settlers Village Subdivision owned by DKDG Properties ith the correction on page #3 that Block #2 is for lots 3 through 7 not 2 through 7: Motion Carr'ed: All Yea: Item #7: Re olution #114: Tentative Budget: Acting Mayo Brewer: A Resolution authorizing publication of an estimate of the expe ses for all purposes for the City of Meridian, Ada County, Idaho, for the fiscal year beginning October 1, 1987 and ending the 30th day of Septer, 1988, and giving Notice of .Public Hearing prior to the passage of he annual appropriation bill: The General Fund expenditures are estimated at $1,216,115,00 and the Enterprise Fund Expenditures are estimated a $1,926,700.00 for a total Budget of $3,142,185.00. Is there an one in the audience who wishes further information on this Tentative B dget? There was no response. The Motion ~as made by Giesler and seconded by Myers to approve Resolut- ion #114 re ating to the Tentative Budget and publication of same. Motion Carr ed: All Yea: Item #8: Cale T.V. Rate Increase Request. Acting Mayo} Brewer: United Cable has submitted a request for an increase in service fees due to their significant increase in operating expense, in visiting with Mayor Kingsford it was his feeling that if they priced themselves ut of business that was their problem. Is there any comments of the Coun il? Myers: Whathappens if this is not approved? City Attorn y: I would have to research the Ordinance and see what procedure t ey would have to go through. MERIDIAN C TY COUNCIL • • AUGUST 1$, 19.87 PAGE # 4: The Motion was made by Giesler and seconded by Tolsma to approve the rate incre se as submitted by United Cable Televsion. Motion Car ied: Giesler, Yea: Tolsma, Yea: Myers, Nay: Item #9: T ansfer of Beer License from Great Western Pizza to Ventures Nothwest, I'nc. Acting Mayor Brewer: Have you any problem with this transfer, Chief Porter? Chief Porter: We have ran a check on this and can find the transfe should not be granted. The Motion as made by Tolsma and seconded by Myers to License from Great Western Pizza to Ventures Northwest, of the Chic~go Connection. Motion Carried: All Yea: Item #10: W~.ne License for Ventures Northwest, Inc.: Acting Mayo Brewer: Ventures Northwest, Inc would also license for their Chicago Connection Pizza at the prior location. no reason why transfer the Beer Inc. owners like a wine Great Western The Motion ~as made by Myers and seconded by Tolsma to grant a wine license to entures Northwest, Inc. upon the payment of the necessary fee. Motion Carr~ed: All Yea: Department ~teports: City Attorney: I sent the letter to. Mr. Johnson regarding his property at 1103 Eas First Street and received an anwser from Mr. Johnson which has been di tributed to the Mayor & Members o~ the Council. Acting Mayo' Brewer: We have received a request from the APA asking that we increase our funding from $600.00 to $1,000.00 for the next fiscal year. I wound like to have the City Engineer give his thoughts on this as he serve on this Board with me. City Engine r: This item was brought up by Mayor Haley of Eagle at one of the rece't meeting and her feeling were that the APA was doing a good job f'o the smaller cities and she volunteered to increase Eagle membership rom the $600.00 to the $1,00.0.00. Mayor Davis from Garden City has al o said that Garden City would increase their membership. I feel quit' comfortable with APA and their leadership both at the Board level and at the Staff level. I think there is a lot of good people invo ved in APA now and they know what needs to be done and they are pr ceeding in that direction. I think they know Meridian exits both rom Mr. Brewer's presence and mine. I am in contact with them at lea t on a weekly basis, mainly with the Highway district. MERIDIAN CITY COUNCIL • • AUGUST 18, 1987 PAGE # 5 ~~ I had some questions about traffic count and I called APA nd they were very quick to respond. Other items I have contacted them on have been handled in the same manner. Acting Mayor Brewer: I have to agree with the things the City Engineer has said a d for the cost it would be to our benifit to pa ticipate even with the $ 00.00 increase in membership. The Motion ;was made by Giesler and seconded by Tolsma to a'prove the increase in membership in the APA from $600.00 to $1,000.0 per year. Motion Car ied: All Yea: Being no f rther business to come before the Council the Motion was made by Myers and seconded by Tolsma to adjourn at 8:12 p. .. Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) ATTEST: ,City Clerk Mayor Council P & ommission Atty, ng, Fire Police„ Ward, Stuart Kieber Mitich, Hallett Valley. News, Statesman ACRD, IMD, CDH, ACC Settle s Irrigation Mail (5) File (5) '.. ~ • 1/N/TED CABLE TELEV/S/ONE OF TREASURE VALLEY 8400 Westpark Street Boise, Idaho 83704 (208) 375-8288 August 10, 1987 . Mayor Grant P. Kingsford City of Meridian 728 Meridian St. Meridian, ID 83642 Dear Honorable Mayor Kingsford; As previously discussed we, United Cable Television of Trea- sure Valley, have experienced significant increases in operating expenses. Effective September 15, 1987, United Cable Television will adjust our service fees in accordance with Section 623 of the Cable Communications Policy Act of 1984. The attached denotes our adjusted fees. We are confident that our subscribers will perceive our service rate adjustment as reasonable and equitable. United Cable Television is committed to provide the "Highest Quality Programming Services and Superior Customer Service". United Cable Television is dedicated to meeting the expecta- tions of our market by: o Upgrading technologically to an addressable format. o Introducing new products, like PayPerView and Re- quest TV. o Launching services a majority of subscribers here requested, like "American Movie Classics". United Cable Television is committed to serving the Treasure Valley, and dedicated to serving our customers. As always, I am available to answer your questions or con- cerns. Thank you for the time and courtesies you have afforded me. Sincerely, Wayne H. Watson General Manager WHW/tr ~ ~ ~r • C UNITED CABLE SERVICE FEES - Effective September 15, 1987 Current Proposed Percent Per Service Level Rate Rate Change Day "First Choice" Basic Service $ 12.25 $ 13.50 10.2 $.04 FM Only Service $ 8.50 $ 13.50 58.8 $.16 1 Premium Service $ 12.20 $ 12.20 -0- -0- 2 Premium Services $ 18.20 $ 18.20 -0- -0- 3 Premium Services $ 23.20 $ 23.20 -0- -0- 4 Premium Services $ 28.20 $ 28.20 -0- -0- 5 Premium Services(1~ $ 33.20 $ 33.20 -0- -0- New Services Offered: Starcom VI Remote Control -0- $ 3.50 -0- -0- Starphone VI Remote Control -0- $ 4.95 -0- -0- IPPV Starphone Installation -0- $ 14.95 -0- -0- Service Change - Office $ 15.00 -0- -0- -0- Notes: (1) Includes FM Outlet - Audio Services, and IPPV Remote a $7.95 value. ~ o D • • RESOLUTION NO. 114 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, 1987 AND ENDING THE 30TH DAY OF SEPTEMBER, 1988, AND GIVING NOTICE OF PUBLIC HEARING PRIOR TO THE PASSAGE OF THE ANNUAL APPROPRIATION BILL. BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1: That the following classified estimate of the prob- able amount of money necessary to be raised for all purposes in the City of Meridian, Ada County, Idaho, for the fiscal year of September, 1987-88 be published in the Valley News, a publication beginning with the issue of August 20, 1987, and August 27, 1987, and the Notice of Public Hearing said estimate and probable levy required to raise said sum be published therewith: Section 2: That a statement of the probable revenue of the City of Meridian for the 1987-1988 fiscal year is as follows: General Fund (see attachment "A"---------------$1,216,115.00 Enterprise Fund (see attachment "B"------------ 1,926,700.00 Budget Total Revenue---------------------------$3,142,875.00 Section 3: That the probable amount necessary for all purposes for the City of Meridian for the side fiscal year ending September 30, 1988, is as follows: General Fund (see attachment "C")--------------$1,216,115.00 Enterprise Fund (see attachment "D")----------- 1,926,700.00 Budget Total Expenditures----------------------$3,142,815.00 Section 4: That the estimated assessed valuation of the said City of Meridian is $169,769,652.00. Passed by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 18th day of August, 1987: APPRO a GRANT P. KINGSFORD, MAYOR ~ ~ R~~ - - ~ - - -__ - :_fQ - _- - - ' . ~ -- - -- -- --- - --- - - - - - -- ~TTACHMFNT ~~ A ~~ - - - - - - -- -- - - ~ - - - -- ---_ ESTIMATE 4~' PROBABI~E_RE_VE~iiLE ___._-- - _--- _ -- - ---- _-_ GEIVER~,~, ~ FinvD ' -- - --'=~ - -- - --~ . _ _ BUDGET - ~ ~ D -- _--- -- - - _ -- -1987-88 FISCAL- _- --- - .- - -- -YEAR - - - ;. ~ - - ~:~~ m . ~, --~ -jt-~~ i REVENUES------ - ------ ---- ---- ----- ---- - -- ----:_, ' t=~ENE_RAL FRGPEkTY TAX _ __ _ __ _ _ ___ _463a 53Q,.0-0 ~ __ -_ GAS FRANCHI^aE TAX _ __30,000.00. _ ,-~ _ - _---rAbLE TELEV_ISION_TAX -- -- - ~_ - -- -_9., 700..00 --- _- -- _~~"1 -- PENALTYL4I NT CAN PROPER_ _TY TAX___ _5 , 0 0 0-. 0 0 _ ~' `~ ~ BEER LICENSE _3,000._00__- _~ ~' _ _ _- LIl~l~OR LICENSE _-2, 800.00 ' ~ WINE LICENSE ------ - --- ~600z00 ~~{ ~ (~. ~_ - - CUFF PREM I EEE t CATER) L I C_E_NS 10.0_•0 ~-. ! ~ _ --_ (ALL) GTH_ ER LIGENEES --_ _ _0_ r~ BUSINESS LICENSE __ -.100.00 `~s ~ (~- ` ----- GAS LICENSE_ _ _ __ _ -- 2, 000, 0.0---- --- IzC 1~ --ECECTR I-CAL L I GENSE _ 3, 0 0 0_. 0 0 _._ `~~~ _~ ~,--_ bQAT L I GENSES 2 0~ O O O~ SLO I~~ I C~ -'FIREWGRI~a PERI~I~'- 50.0_ ;z: ~ E+UICDI7N~G~PERMITS - -49_,.26Q~0_ . (-''~ _r ~A+^?~Eltl"li S ___ - 1j 00Q, 00 i3t ~ _ ELECTRICAL PERMITS __ ~ 10, 00.0_.00_ I _ Dl1C~ L I CEIVSE tk IMPOUND FEES 3~ 0 0 0.0 0 RURAL F I RE E M I SCELLANEOUS -$ 3,-.9 2 5s 0 0 1=~ ~- ---- - r~ STATE LIQUOR APPORTIONMENT -~ ;mss - ~=--- 21_,500.0_ ~ I.:~ COURT REVENUE - wn nnn nn ~~ C.) L; STATE REVENCIE SHARING` L RENTA~NC~ f - : -FILING FEES c~ ~ Ara -ct1UNT~FE~ r - SP- PGC--t SCHOOL=I~AGE~ST r. -GRbt~~REFLiSE~L~=A~hl n :-; -ERG- -RECREATION i,4 A'Ti~l - - -PARKINS-FINES ~PORFEI' _ __ NEIGHbOk WATCH ~.; r I NfiEREST EARNINGS _ _ _ _ ' __ - REFUNDS ~4 F2E I MF~URSEMEN' ^ MISCELLANEOUS EARNINGS Ci ~ TRANSF ERa I IV FEDERPiL-RF _ ~~~ : _ TRANS:I-N=PUILDING FUND _ _ ~ G r TGrtAL REVEIVUE~ _ 16,500.00 +~~ ' 156 300.00 iac !jQ _Q_ ge 2 ,500.00 4~ . 76,100._00_ - _ ~ 'l4 -E ___ -_ -_21,000.00 i 14,000.00 ~ - 3 __ _____ -_ -_ --- --- 12.000.00 ' !'~ - ------------ '"' P 1,000.00 + - - ---------- .--------- - 150.09 --- ~ -' ~ _-_ _ __ _ ' -~ ~' _- -_- - - 12, 000.00 - ----- -- -- ---- 12, 000.00 ^-------- --~ _ -- 10,000.00 ~- --- -- -- UE ____- ~-1: m 1 30,000.00 ~ ` _-. ~ ____ __-_ ~ 100 000.00 . --- , ___ _ v --- - ---_ ~ ;p $1 216 ]x5 .00 ~ - . , , -----.._ - --- ~ ~-.~ ~ I- - - ----- - ~.---- - T- -- - ~ - - - ---- ~ C. ~, -~ --, ~ -- -- --- ---- -- --- - _-..~ ~ _~ ~_ ~,; - - - :r ~; ~ i _ ..- -.. _ ~3 i.- --- ~-~ -- -- - - ~ MATER WATER ~:ALES-Ca~:3TdMER- I, :• -~L1 US MEIVTS=WATER - -; WATER H~70k;IJP~ --- ----- -- : --- -- ~- _ BALES t1F METERS ~_K EI~UI_PM__E__tVT _ ~- WATER I N~ FECT i dN FEE~:_ ~- DEVEL01'ER-FREEWAY EXT. ~_ FFcOM FUND BAL-CAP EXP WATER '_ _ SEWER ~ EFV I CE-Cl~ ~TC~M_E_R_ _ '_± ADJU~TMENTO-CHEWER ~ ___ _ _ ' SEWER _ HuC~I 'UP ' `- SEWER i N:=:P ECT I GN FEES _ _ _ _ _ _ "- DEVELdPER-FREEWAY EXT. FROM FUND EsF1L-CAP EXT SEWER -_ -__-_-_-_ __ ~ AN I TARP '3ERV I CE -_ --- - --_ --- - -_ _ ADJCISTMENTS-SANITARY SER. ____ ~_ _ _ _ INTEREST EAR_ IV I IVY+y -REDEFIPT ;~ • _ • _ _ I NT. EAF I NC;S RESERVE-WATER _ _ _ - INT.EARINC~ RESERVE-SEWER _ INT. EARNINGS-dTHER-WATER __ .',~ ~ - ~ I NT. EARN I NC•E-OTHER-`EWER _ _ _ ___ M I S:CELLANEdU:=: EARNINGS __. INTEREST EARNINGS-CdNSTR. --_ LATE COMER' S. FEES _-.- ,_ --- - TOTAL REVENUE~~ • ATTACHMENT "B" ESTIMATE OF PROBABLE - R~EVENL~E ENTERPRISE - FU1~D - BUDGET __ 1987-88 Fiscal - YEAR -.> _ -• 4 r . , ~. - -- -- - -__ 480,000.00 - ---- - - - (500-.00) ------_- -._; . ;:. 28,.000.00 ---- ---- 7,000.00--- -- ---- ------- :-~ --- -- 1,_500.00--- ----- - -- _;-:F -0- .. ----- - -----0-_--- --- - - ---- - --------610,000.00---~---------- _, --'~ (5,_000.00.) ------~---55,000.00- -------- -- - -- --~ --- -1,500.00 --.---- --- -=~~_-~. _ ____ _ _ -0- _ _ 300,000.00 _ _ _ _ __ -____. -_288,000.00 _ _ ,.... -- ---- -- --- (200.00 -- - - _ 4 , 250.00 ~~_ ~ -.__ _ 12,75.0.00-- - -- - _ _ _ -_ 30,000.00 _ ~ 90, 000.00 _ _ - i .; 500.00 --- - --- - - 18,000.00-_ --- --- 6,000.00 ~ ~ ~~-; ~~~ $1,926,700.00 1 I 1 f to ~ e u ~ • • ATTACHMENT "C" ESTIMATED PROBALBE EXPENSES GENERAL `FUND W - ~~ D --- c~ --- - _ _ __ __+ -I ~~ _ ._ _ BUDGET. -- ----- - - - . ~ , _ 187-88 FISCAL - -_ --__ _ - _ YEAR _ _! a ~. -- ---_--- - I~ o f~~~ ~ EXFENDITURE:= ?: ENGUMBRANGES - -- - - -- ------ -- _ ~- LEGi=;LATiVE ADMIN cGiTY Gr_~U ~ - ___~.3~-200.OQ _ ~'_ .. EXEC:UTIVE ADMIN. tMAYC~R) ~ -- _ - ____-.9,300.00.__--- ----''-~ ~ +~ ADMINISTRATIVE tGITY ~:LERk~) - -- - -26,_Z50_._00 - -- _;_ - -- - ! - ALL CITHER SALARIES _-- 56~2.OQ~QQ~. _ '_ a _____ _ OFFIi~E EXFENSE~ (~UPPLIES> ~a000, 00 _i``_p +® PC~AT LIGEN~E - - _- - -- _ _-------, _-_ ---._17_.,.50.0., 0-0__- -_. --____. _-- - _ -') - - - IRRIGATION TAXES -- - - - -- -- - -- ---------- --- - -- _ _ - _ _4.5.0 -. 04. - -- -- -- . ~_'! t _ - F. I . G. A. TAXES _ _ - - - _ .- --- - . 7 ,_900 00___ ._..-._._`.- _ -_ e ~ . F. I . G. A. TAXES-F't1LIGE . _ -- - - --- . ___ - - -------2-0,.840 ._00 -_ .~ F. I . G. A. -FIRE _ .. _.__ --- -- 2,500-, OQ -- ---.._ _.-_._ _~.~ e ~ - F. i . r_:. A. TAXES-F'ARk;:S _ ~ - -- -- 1, 30.0.00 _-_ ____ __ '- -- --'-~ GTATE RETIREMENT t F'ERS ) - - - - - - _ _ _ 9 , 3 50.0.x__. -_ - _ _ ... _ _ __ ; STATE RETTREMENT-F'~LIGE__ _ _ - -- ` _ __._ 25-,525.00 - -- _ E-_ -- , t. _ _ d TATE RET-I REMEIVT-FIRE _- _ , -___. 3_~0 0 0..0.0 _. __ _~ ~ _ _ - _ _TATE_FiETIFiEMENT-F"ARPt_~~ _ - - - - --- 1,200.._00 _ - -- - --- ___'_`'' - ° WOR>~MEN•'S GCiMP tSTATE INS) Y __ __ _ -- - --- - - " -- - - 1, 250.00 - - -- - '' ,--~ (. F - WC~Rk:MAN • S GC~MP. -Pr_~L i GE 9~.2 0 0-. 0-0- --- - -__ ~=G _ __WORk;MAN ° a GC~MF -FIRE ___ ___- 3, 0.00.00 _ =~ WCiRN MAN '~ Gr_~MF'. -PARk~S -- 00 -- 560 _ '-`d (.3,- -- -- FLUE GROSS/DENTAL INS - _ - -_- __-- - -_--- _ .- ----_ 20., 300..00 _~ _ -___ bLUE_CftC~yS/DE_NTAL-FQL_I_G_E - - __ -_27.50-0.04 _- -~ - ' E~LUE CR~fi~ -ETt'-FIRE -- _ _- 3., 000 QQ~ ;;~ ! _ ~_ E~L~~E GR-DENT.-FARk;S ----- - --- _- _-- 1~-500.00 -_~~~ ~- . C~1L~iN I AL I h1alIRANCE - -_ _- _-- _ l ,_2 0.0.0 0 ~ __.~_ .,, --- _~ - __ C~LC~NIAL I_N:B. -F'~DLIGE ___ - _,.. ~- 1,_320._00 _ _ C~"~LCiNIAL IN~~IR ANCE-FIRE - 2 500.00 °' d - ' ~- _ _ __ __ FELiERAL ~ INEMFLG~YMENT _ - ELEGT I CANS (CLERk:-JUDGES) -- -- _ _ - -- - _ ____ - I _ --- - ---- - - - __ , ------- h 0.00-. 00 _ __ . --- _ 1,000.00 __ ~"` 1-"r -____ _ ~ ;...~`_ __ hERIDIAN INSURANGE _ _ _ __ . --- __-^_ 14,.000.00---_ _-__ ._ . ~ ---_-- _ _ _ _ MERIDIAN _INSURANGE-PC~LIGE- _ _ ~ __ - 8,740.00 __._____- __- _ _ _ _ MERIDIAN _ I_N:=:1_IFcANGE -_. FIFcE _ - '~ _ --. 7, 000.00._ __ _ _ - _- MERIDIAN INyURANCE-1~AaKS - - - - - , _ ___ - __ _ 600.00 _ -_-_ _ _____ _ ° A - - LEGAL FEES-ATTORNEY - _ _ _ _-_ _~ _ _ -_ 15 , 0 0 0 _, 0.0. _ _. -.- ___ _- .-. - _ __ - ,_ _ ATTORNEY-PASS THRGUC:H GHGS __ ~ ____ _ 10,000.00__ _ _ -; .. `~; CiTHER C+EN C+~aV•'T tAI_G-GCIGIF) ~ - - - - 24.,_00-0..-00,---- - - '_"~° -- (, ~ FR I IVT I NG t ~RD ° S-GHEGI~a) ~ - -- - 2 , 500.90----- ----- -- ' --~ PQLIGE ALCM. -C~RERATI~7N EXP. _ _ - ---- ~ _ - 3,225.00-___._ __ _ __- - - ` --- GEN. C+t_IVrT BLDG u STRUG. _~ - 10, 000.00 _ ---- - ~ ~ `~ - - RENTAL EXF'EN=E --- ~ T__p_ _- _ ; `__--i F_ _ __ALIMINI~TRATIaN_taF.-WAGES .~ -- ~ -_ 39.708.00----_ ---___-- - _-- - - ----- - -- -- -- --- ' - -_ 405,168.00--_._ -- __-_. -- _-1-_ _1 . ~ ~ r /A~ • • ATTACHMENT"C" CONT'D ~~ ~~ - - - - _ - --~T - - - - '- G i~ -- BUDGET _ 1987-88 FISCAL 4 - _ -- -- -- - - -- -- - --- --- - - --- _ _ -- - . -YEAR 9' ( ` ~ ' ~ - -- CRIMINALINVESTIGATIGN-WAGES h - - ---- - ---- ----- - --- -- 22,404.00 - _ r ___~_'F~' ---- ~- - - -- - - -C:RIMiNAL iNVEET=np.-EXP.- ---- _ _ ---- - - 3,_325.00 _-_-__ _ - 'i '- -~~NIFGR~7 PATRG~L (WACE~) -- _182508._00_ _ _ t~~~ ... IINIFGRM PATROL-GPERATIGN EX 24,000.00 FALSE ARREST INSURANCE -.- 15,000.00 -_ _ __ _ s _ REC;GRD~ tGFFICE EXP) .6,550 .00 - ~ , _ - _ YOUTH INVEETIC•ATIC~N -WAGES _ . 22404.00 __ ~'Q i~ - - YOUTH INVEST.-GPERATIGN EXP ---- 2 825.00 '-~ C:ARE `c GLI~TC~DY GF FRIEQNERE -__ -- - 500.00 - - - l'~ _ _ 'ir ~ __ __ _ SPECIAL DETAIL SERVICE _- 6,200.,00 _ '-_= IQ CGMMUNICATIC~NS (RADIG9RADAR 5,000.00 ` ~ I -- - - PERSw1NNEL TRAINING 2,550.00 - --' ~ _ (; . - __- _ ATTGRNEY FEE a-POLICE _ _ .__- __ 4 4~ 0 0 0.0 0 --. -. - _ i~_" 1[~ -- -- _ -- PARw~ING __ -i _ 100.00 _ _ -_ - _-___ '_ _ ,~''~ _ FGL I ~':E PLD I NG a & STRUCTURE _ ~ _ 10 , 0 0 0.0 0 i" _ ~. - °' ___ APITGL OUTLAY-PGLiC 12,000 .00 __ ___ _ gIC~ _ ANIMAL CGNTRGL-WACE~ - _ _ ____ _ 13,862.00 _ I '- -- ANIMAL CGNTRGL-GPERATIGN EX _ __ _ 5,270.00 _ ~~ _ - __ IfiTRATIGN F`-IRE ALIMIN 33 ,500.00 ~3= I~ ~- -_ - _ ~O~UNTEER -FIREMEN _ _ _ __ _ _ ~5, 000.00 _ -,= FIRE FFEVEIVTIGN 8,500.00 ~3c ~ ~ - FIRE ADMINISTRATIGN-GP. EXP - --- 1 200.00 " ~ ; ~-; FIRE RERSGNNEL TRAINING 51000.00 I3e _ ~:~- _ -FIRE REPAIR ~ MAINTENANCE 2,500.00 33i ~ ~ ;_; ~-FIRE ALARM & CGMMUN I CAT I GNS 15s 2 0 0.0 0 I I~ C~!: k. I. _ ---- 20, 800.00 -- - >: I _ -. __ FIRE PU~LDINGS ~ ~TRIIGTURE __ 13_,500.00 _~_ '-' ~, - -- - ~~E CAPITGL GUTLAY- _ - _ _ 50,000.00 _ _-___ - -- ___-___ 't - ~I~D - -- --- E~IaILDIN~3 IfVfiPECfiIGNS _ ___ 26,630_._00 -__ ____- ----~- ' ._ - `-ELECTRI •AL IN~F'E~TIONS - `` - --- _ 5-,500..00 - -- - r -- -- - ~ , CICRTII~O dTREET 35,000.-00 _ - ------ ."~~ -----~- --- _ - -ENC+INEER~hIu = -P`OECYC-~WC~Rf~~ -- 500.00 - r 11, 850.00 = -- ,r - --- ~.. - PARk:S- ~ PGWE - - -- -- - - --- _ -- - - 1, 500,. 00 - ---__ - i - - - - -- ~ ~~ - --- - PARKS ~ (VEH I CL-E- EXPEND E) ----- -------1,500.00.------- . ; - -; - -- -- - -PARKS ..~EOL1I P~SUFPL I ~ ~ E~ --- 10,000.00 - - _ - --- - ~..' ~- -- _ -~ PARN:S (EI~U I PMENT RENTAL) i -- - - -- 00.00 5 - -- - -- - -" - `~ ,_---- _ -- -- PARk:~ OONTRA~T~A L~ OR ___ -_ _ ~ . ----- - - - - - _ 1,500._00---- ___ ___ __~ - ~- - _ _ RECREAT I ~aN-ADM I N t PAYRIILL) 13 5 0 0.0 0 - - ~ :: I~=' - (~ - --- y --- - C~RGAN~ZEI~. RECFtEATIC~N FRIG _ ~ -__- - - - _ - --- - - - _.-. _ 3,000.,00_---..-__.-_..-- : --- -- --- ----- -- ~-"K~ -- - PARk:S=CAPITGL GUTLAY -0- - --- C:APITAC`C1~ ITL~ ~(E~I~IP~ FuRI~) _ ~ _ - _____-- - --- --- --_. - ._ 35-E 2t~~ .00 ---- - - _~' - - - - --- - __ $1,1 ~ ~ .t ~-1,5.0 0 ..- - - - - - - --'- - - - -- ~- ,• ~ '~ __ • • ATTACHMENT "C"CONT'D . _ - _ I - -- -- - - --.__._ _- - --- --- __ -_~~_J 8 ,rl .. __ - . ~ - ---- ~ " ~' - - --- - .,__ - -- - - - --- --. __ __. _ - _ -.._ __ .r_ _~ - - -..- -- ---._ ~ Q r, ;- -- ~ -- --------- - ---_ BUACET- ~---------- ---- ~ ~ i' - - -- -- -- ------ - ----- ~ i _ 198.7-88_ FISCAL - --____- _ ` , --- - - -- - --- - - - -- ---- YEAR ~ ; -.t~ - ----- - !'"~ o ~ GAPITAL t:1LiTLAY tGITY HALL) r v 100 000_00 _~+', - - - -- f - - - --- -----t- ~_---____ - -..- TOTAL EXPENSES ~___ _~l, 21:: , ~~~,.00 _`~~ ~ ~~I ,® - ~~ ~.Y.-, r --- ----- --- --- - - ~ ~ _ ~ f :,~ i~°~ i ~_ _ -, (~,., . ., ~ -- - - -- ---- - - _-- _ 1?-. ~~ ,,- - l 9 _-_.'---- --- -- p ~ f_ _. .----- - --- ~ -- -~-• t~ l.r. ;. _ ,.-. ~ i .. _. __ _ --- -- ~_ ~ } ~- -- - - --- . __ - f - _ _.-._._._ - ~ ,.., ~. i...- - - ------' ---'- .~ -~ { - ~-`-- - - ~. _. ~.- _ ---,19~Y ~~ j i -i ~~---.-~~-........~.~ -~w._..~~... ._~_-___.-______~ .-. ~ A • ~J. ~_ I _.-___ ~~ -- i ~ ^.5 ___.~_ ~~~+~ ~ • ATTACHMENT "D" ESTIMATE OF PROBABLE EXPENSES ENTERPRISE FUND CJ BUDGET 1987-88 FTSCAL YEAR ;~ ~ EXPENSES - ~- FICA TAXES-WATER _ ~~~-IRRIGATION TAXER-WATER _ ;- ~ ~-IRRIOATrON-TAXES=SEWER _ '-~ - -~- -FICA TAXES=SEWER - ~ ;- ---STAT~RET I REMENT=FERS=WATER_ --- STATE~RETIREMENT-PERS-SEWER _ " WORKMEN'S-COMFr=ST INS=WATER ;~ ~~ WORICMEIV•' S ~ COMF=ST INS-SEWER = HEALTH--~_ACCIDENT-INS=WATER HEALTH °~ ACCIDENT INS-SEWER _ •. ~ . = - -COLONIAL INSURANCE=WATER -_ __ _ '- - - - GOLON I AL -INSURANCE-SEWER - FEDERAL-UNEMFLQYMENT-WATER-~ _ -- - -- -- - - - -- _ .00 9 , 900 - - _ =_' _ _ __ _ _ _ ].50.00 -- ---~- -- ---- -l:Q -- ' 1,200.00 ---- - -- 13_,675 . 00 ----- -- - - _ _ _ 12,200x00 _ __ _ _ -_ _1.6,200.00 -- - - _ _ 6, 000.00 ~ -- -- - ~ "-- -• -" _ 7,_200.00 --- -- ~ .•U _ ~__ 9,900.00 = ___ - 15, 620.00 --- - . --- 00 - - 700. . --_ - - =.:~ _ 1,000.00 - -- -- - 1,000.00 =' -'--- - 94,745.00 -' -! ~ - ~.~~ ~:~, .- ~'1 • ~9 • ATTACHMENT 'D' CONT'D _t _- - --- --- - ---. --- _. -_. o~ _i -. --- -- -- ---- ------ BIIDGET __ _- __ _ so _ -" - -- - --1987-'88 FISCAL`~~,__- c j YEAR -., -j - .:- y. --._ -_ ~ ~ y ~ ~ II _- - - --- - - _ ~ s- + `!, ~~ n ~:' it . J U ,~ +~~ f~ _ ~ °±_ __FEDERAL__UNEh1PLOYMENT-NEWER +: INSURANCE FIRE ETG WATER _ _ _ -__ __ - _ 2 , 000.00. _ _ _ _ - - -- - - ~ ___~___ 11,.700 .,00 - --. _- __- ___- , _; +~ INSURANCE FIRE ETC-HEWER - 16-,.500.00_ - ----- -~ +?~ ADMINISTRATIVE-WAu'ES ' _ ._----- - - 4.9 , 950.00__. __-_ - - -- - ~ +~~ STAFF SALARIES __- 45_, 000.00 -_________ -- __- _ _ _ - __ +--' CITY ENVTNEER-1/c WALES-W. -2.1 X630.00_-`---.-- - -- ' ' ~'~ =^~ CITY ENGINEER OP. EX. 1/:2 W x_300.00 -_- -` z+; EDUCATION $c TRAINING 1 000..00_-_-______ =~' =~1 EDUCATION °~ TRAINING. -0- ' - - -------- ---- - ---- t ~ - ~3ENERAL -- _ _ ___-__-____ -1 X000.00 _ - - ___ -- _-- ;~ ,~~ GONSULTiNG~ ENC.iNEER-WATER - _ 1500.00 __ _ - - ___i ,~'-- - BUILDING EXPENSE - _ ' -- 2_, 000.00,_-.__._`_ ___ _ _ _ _V _ _' !I-_ ATTORNEY-WATER ~ __ _-__ 1,800._00-___-- ,-_-. _-_j ~ WELLS-WATEF~ PUMFINt3 - 45, 000.00 -~ --~ _ _ OFFICE SUPPLIES - -_- - --_ ~- -_. _ _1,200.-00 __ ._ ---- -- ~ _ - ~ _ I-= _ __ UTILITIES 4~000.0 Q =i ~- ~~ - _ ECdU I PMENT EK SUPPLIES-WELLS _ - 3 0 , 5 0 0.0 0 - --- ' _- WATER STORAGE _ _ __- _ 8,000.00 _-____-- __ ?j _ -3 WATER TREATMENT (TEST I NC:) ~ __ _ _ 3,10 0.0 0 _ _ ~ ~ _ _ _ __- _ _ ~ ~~~ _ _ WATER DI$T. -EQUIP. ~ SUFP. 30., 000.00_ _ _ - v-- _ _ __ _j - i i SP.PRO~IEGT-WATER EXTENSION -0- ~~? __-TOOLS ---- __ 2,_500.00- -- - - - - -_ ~ - ---- SP. PRO~IEGT-WATER -0- VEHIGL E EXF'EN_.ES , 000.00 _8 - - _ -- EOU I PMENT RENTAL - -- - -_--- - -- _ _ _ _ --___l , 50 0.0 0_ _ _ _ ._ - SPECIAL PRO.JE~:T~. t ~t]NT HELF` -- - _ _ 20, 000.00 _ ' ~j + - - PERMITS °x PAVEMENT REPAIRS GUSTt~MER A~GT S--WA~3E'~-W _ ---_-_._-- 8 , 0 0 0.0 0 _ - ---_- - 20 600 00 - -- - - - _ '~} _ . _ --- _ , . • - --- - :: COMPUTER ~u ttFF`I~E EXPENSES __ _--____-- - _ _0- __._ ! CUSTOMER AGG QUNTS-OP. EXP. 7,800.00 - _ __ ADMINISTRATIVE aIIF'ERINTENL~E- ----- - - ------ __ 29,400.00 - ~.=_ STAFF SALARIES 107,000.00 , - GEMINARS ~ TRAINING. 1 , 500.00 __ _ ~Y -- ---- CONSULTING ENGINEER-y:EWER_ - 2,000.00 _ COLLECTION ~ TRANSMISSTC~N 20,000.00 ATTORNEY-~_EWER _ 3,000.00 _ . !- _ _ -. '~+PEGTAL PRO`~EI..:T-SEWER ~~0,000.00. _ _ _- . - _ ~P. F'ROJEGT-:EWER EXTEN:=:ION -0- PUMPIN~: ~ LIFT =:TATION:~ 4,500.00 EIJRF'AI~E WELLa (ELE~sTR. °NMAINT 2, 000.00 ~+~ TREATMENT PL.-NEW ECaUIFMENT _. __ _._._ _ 15,00.00 - _ t_ITILTTIES 47,0+!.OU ti _ _ ..._ _ .. -_. . ,. • ~ ~ • r--. ATTACHMENTI ~~ ~~ D ~ CONT D _ _ _ _. _ _ ---- 3 -- __ - _ _ - ---- _. -- - -~ .. ~+ --- -- -- - ---- -- ---- i 7, 3 i ~ - _ - - - - _~_ .. -----__--_- __~-'___-'_ - -- - 1 _-- -_- -' ._ _~ ~ r. ~ . BIIDGET _ . _ _. ~ ~ci 1987-88 FISCAL +~ - _ ~. ---------YEAR- -- -__ . -- -- ---- ---- = t~,. s ~~ _ ~. ~z' ~u.~ LABORATORY (EQUIP GHEM.> _ --~ - - --- __ ____3,500.00 _ -_ ----. _ ___ ~~ ~:• ____ BUTLI~TNG MALNTENANCE _ 2.,000..00-____,_ _ ___--_ _. sei _ GROIINdS MAINTENANCE 31000_.00______._ .-- _ =' ~~; PLA T Ci~M FUE ETC. _ .__ - - ___ 25, 000.00 _- - - _- _. I• ;.~ MISCELLANELIUS-TOOL:3 ETi_ _11500.00 _ _.._ _ __.. _.-_-.--. - ~ ~~fD~E dI~F' A __ 5.,000,00.___.--_-- --- - _ ~_ ~~SCE"C.LAT~iECt iS-PASS THRC~IIUH -) ,500.00 ..- _. ---. ~ _--- - ~~ ^ _~ -' T~Ti M~I~ ES -- ~ 2 4-. 0 0 0 , 0 0 - - - - , ----- -- - _ _ ~~'FICE SUPPLIES 500.00___ _ - -- y ~~ __ _ 'UB ER AC T;a-OPERATING'.' EX _ - - 7, 600.00 ~ _ -!. ~~ ~ ~ _ _ _ CONTRACT-SANITARY SERVICE . -- ~ __ -- 288,000.00 _ ~ h __ _ CITY ERIN R--i/~ AGES-S 1,630.00 - --- --- - 2 -- --- - fir! ENNt:INEERINC•-1/~ OP.EXF. . _2_,300.00 _ ___ __ _ ____._ _ - ~ ~:~ ___ t7iTHER GOVT. TRANS-WATER _28-,000.00 _. _ ______ _ _ ~~ i ~ OTHER t+OVT TRAN'a`-SEWER ,.000.00. __ __ _ 55 ____ _ __- _ ~ ~ -- OAP I TAL t1UTLAY-WATER - _ - _-_ `----_~-- -- --- --------- = ~O ' ~ CAPITAL uUTLAY-SEWER __ __ -0- _ ___ - __ .-.- _ _ _- - ~3; _ 6ONd REUEM.EX-WATER ~ _ ___-__ 18,750.0.0 _ _____.__ ~C~NLi aEL~EM EX.-SEWER 56,.250.0.0___ -__ ~ - -- -- -- - E.? ~- SONG INTEREST EX REd.WATER- 33,000.00.___ "' ____ _._ -i- PC1ND INT. ~ELiEM EX-SEWER 98_,871...00__- _._ _ ___ -._ __ __. __ ,~ ~~ __ EX. -WATER - dEPRECIATION -__ __-93, 492.00 - - -- - _ __._ _ _ ~~ `=-~ - _ _ _ --~dEPREGIATICiN EXR=SEWER 190082.00____- --__~_ ___-_.__-_ _. 1_ t ~',.~: _ ~,p,~~c R g RAN 0 ' -,~ SFERAUT-- - _ TuTF~L~XF'EN,~ES _ -- 6,000.00 ------ -- -- --_ _ .. -- __ -- _ 't~ - ~= - - -- ---- - ---- --- $1,926,-700.00___. _.-__ ~.. - - _ - _ - -- - -- - _ -- --- -- ~~ ~ :.._. ... _.. _ _ .... _ ..... b_ , - -~ ~ ~. , b ~' ~ >s • BEFORE THE CITY COUNCIL OF THE CITYIOF MERIDIAN APPLICATION OF q.R.D.G. PROPERTIES ON SETTING HOUSE SIZES ~iND VARIANCE THEREFROM The above entitled variance request having come on for consideration on August 4, 1987 at approximately 7:30 o'clock p.m. on said date, at the l~r~.$ian City Hall, 728 Meridian Street, Meridian, Idaho, and the' City Council having heard and taken oral and written testimony the City Council of the City of Meridian makes the following: FINDIN~S OF FACT 1. That notice of public hearing on the setting of house sizes was published for two consecutive weeks prior to the scheduled hearing for August 4, X987, the first publication of which was fifteen (15) days prior'to said hearing; that by letter dated July 29, 1987, from E. I~Don Hubble the engineer and representative of the Applicant, submitted a request for a variance from the house size ordinance to allow a ground floor area of not less than 1,100 square feet for a one story dwelling and not less than 550 square feet for dwellings of more than one story; that the matter was duly cansi$ered at the August 4, 1987 hearing; that copies of ali notices were available to newspaper, radio and television stations. 2. That the notice of public hearing for setting house AMBROSE, sizes in a previously platted subdivision is required to be sent FITLOERALD & CROOKSTON Attomeye and Counaelore P.O. Box 427 McHdlan, Idaho 83842 Telephone 8881481 • toQroperty owners within 300 feet of the external boundaries of the land being considered and to owners of property within the subdivision pursuant to 11-2-411 F of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. 3. That the Ordinances of the City of Meridian, 11-2-411, Residential Sousing Standards require that: Ten percent of the houses in a residential development may be between 1,000 and 1,099 square feet= Twenty percent of the houses in a residential development may be between 1,100 and 1,199 square feet= Forty percent of the houses in a residential development may be between 1,200 and 1,299 square feet; Thirty percent of the houses in a residential ', development may be large than 1,300 square feet. 4. That the Applicant has requested that he be allowed to construct smaller houses than allowed as set forth in Paragraph Thr, ee above . 5. That to grant Applicant's request requires a variance frgm Section 11-2-411. 6. That the requested variance applies to Lots 4,5,6, and 7 of both Blocks 1 and 2 of Settlers Village Subdivision. 7. That the houses already built in that subdivision are lager than that allowed under Section 11-2-411 and the Frza~~ Ap];icant's representative testified that they intend to build & CROOKSTON Attorneys and Counselors P.0.8ox427 Me-idlan, Idaho 83842 I, Telephone 88Bd487 i • • 1. MINIMIIM REQIIIREMENTS: The provisions herein shall be held to be the. minimum requirements for the promotion of the public health, safety, morals and welfare. 6. That the following provisions of Section 11-2-419, Variances, of the Zoning Ordinance is noted which is pertinent to the Application: 11-2-419 A GENERAL The Council may authorize in specific cases a variance from the terms of this Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. No non-conforming use of neighboring land, structures or buildings in the same district and no permited or non- conforming use of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this Ordinance would result in unnecessary hardship. A variance application does not go to the Commission unless directed by the Council. 7. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: 11-2-419 C FINDINGS A variance shall not be granted unless (as a result of a public hearing) the Council makes a statement of supportive reasons based directly on the evidence presented to it which supports conclusions that the mentioned standards and conditions of this Ordinance have been met by the applicant and unless all of the following exist: AMBROSE, FITZGERALD 3CROOKBTON Attorneys and Counselors P.O. Box 427 Merldtan, Idaho 83842 Telephone M8~4491 1. That there are such special circumstances or conditions affecting the property that the strict • application of the provisions of this Ordinance would clearly be impracticable or unreasonable; 2. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, other physical conditions or other conditions which are not self-inflicted, or that these conditions will result in inhibiting the achievements or the objectives of this Ordinance. 3. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated. 4. That such variance will not have the effect of altering the interest and purpose of this Ordinance and the Meridian Comprehensive Plan. 8. That is specifically concluded that the major reason for the requested variance is for the convenience of being able to change their intentions from larger houses to smaller houses; that Section 11-2-419 states that, "Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this Ordinance would result in unnecessary hardship." The Applicant did not set forth any hardship created by the house size limitation other than one of economics and conveniences. 9. That Applicant submitted no evidence of special AMBROSE, FITZdERALD &CROOKSTON Attorneys end Counsetore P.O. Box 427 Merldlen, Idaho 83842 Telephone 8884481 conditions and circumstances that exist which are peculiar to the lots which are not applicable to the other lots in the district; or that a literal interpretation of the size requirement deprived • • the Applicant of rights commonly enjoyed by .other properties in the same district under the terms of the zoning ordinance; or that the granting of the variance would not .confer on the Appliant a special privilege that is denied by the zoning ordinances to lots in the same zone. 10. That it is specifically concluded that the lot size requirements are reasonable. 11. That regarding Section 11-2-419C it is specifically concluded as follows: a. That there are no special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable. b. That strict compliance with the requirements of this Ordinance would not result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, other physical conditions or other conditions which are not self- inf listed; c. That .the .granting of the specified variance would be detrimental to the public's welfare or injurious to other property in the area in which the property is situated; d. That such variance would have the effect of altering the interest and purpose of this Ordinance and the Meridian Comprehensive Plan. AMeROSE, FITZ(iERALD ACROOKSTON Attorneys and Counselors P.O. Boz 427 Merldien, Idaho 83842 Telephone 888x481 -'. ~: ~~ I f' ~ ,. fi 4 - f- - t s b t~ 'y ~, d ~ t AFPRVfY~~-~ ,•fl$' F+`Il~3~~GS ~ F~1ir'P .~~ ~irVlRt~ITSiE~B ' - }€k ~ '~4,r~,~s~ 4` t x ~A The eity:..,..E';ouaoiZ~ of toe City ©~ t~er#.d•faa `$o~a h~C`~,.~ ~Sf , x~;, - and 'appz~vea thaat±~ ~: ~'in~linge oaf Facet aad ~~ticl~ai.+~~t~:~ ~ ~ ~ ~~ ~r ~ 5 k, - r 'Y`~y r ~+. *~ ;. .. - ~, - ~ s , ~ ~C¢1;:': erg ~ ` _ ~ . ~~,DE#e~1 ~ ,• " w~ '" ~~~ .~;~ ~ ~~ ° ~ F. .i < ~ - •r q 3~ .L ~ ,.. ~.. `~Otirn~31 j'P~al she. ~. . ~ ' ~ r , ~ t`~ ~ %~` ~~ ; =~ ~- ' ~, .. r ~~}~ '~ ~ k .1 O SS ~- t ~ '.c ~ ~+~ rat ~'~ ~. Mayor ; ZC#~z1ga_f odd :~ ,~~ , ~~~x ~,; ~ ~ ~~ ~~ `, ~ _ , . pf _ J 4 ~ ~ t- ~ _ A~+PRE~VS13~t~_ DISAPPRQ4BD t~.~; ,~,.~,~~., ~~ , ~ ~ ~e a E:4Y~ .f ~., 5' a ,~ ~ h y y flay "i~~ ?~ a~'ti V~ ~ ~f 1 ~ r. t ~ ~y rj'9 - x ~ ,< <~ ,~ ~ r, r ~° zs/~ ~ ~~ ~.~ ~ }~ * s ~+ i ~ w 3 d~ ~~r~ F 'sa ~ ~~. .~ i * t y, . ~ ~, ~. S, f ,; 4 t ^t1~ i t ti y~~r~ r~~ { ~ ~ t, r :r~ ~~0~ ~ ~~4 ~ .X; j ;~ - ~ .:s t .~ w ~,. uh z {t.' ,~ fin.. ~ °} .~ Y' {Y„ t > - X }.. , `F, ~ ( ~ ~ Z W i e ' r ~ ' _ S vt~ h y; 11~ 1 ty T S ~'~. 4~ i~ R;, ~y t rr~ b ~ F Y Y , 'ry'rr. ~ ~ i [ ~ y ~J ` w a • RESTRICTIONS, CONDITIONS AND COVENANTS SETTLERS VILLAGE SUBDIVISION ADA COUNTY, IDAHO This Declaration is made by GKDG, INC., an Oregon a O corporation, as the "Declarant" on this day of , 1987; WITNESSETH: ~~~ WHEREAS, the following documents were recorded as ~~- Instrument Number in the office of the Recorder of Ada County, Idaho: Declaration of Restrictions, Conditions and Covenants Settlers Village Subdivision, Business District, Ada County, Idaho; Articles of Incorporation of Settlers Village Business Association; and Bylaws of Settlers Village Business Association, 'which documents were executed on the 7th day of April, 1981, by the then owners of that certain real property encumbered by said instruments; and WHEREAS, another set of Restrictions, Conditions and Covenants encumbering Settlers Village Subdivision were recorded as Instrument Number 7863739 and 8117356 in the office of the Recorder of Ada County, Idaho; and WHEREAS, Declarant herein is the owner of a portion of Settlers Village, an Ada County subdivision, located in the City of Meridian, Idaho, which portion of real property is more particularly described as follows: Lots 4 through 7, Block 1, and Lots 3 through 7, Block 2, of Settlers Village Subdivision in Book 51 of plats at pages 4206 through 4209, records of Ada County, Idaho, located in the S1/2, SE1/4, Section 6, T.3 N., R.1 E., Boise Meridian; RESTRICTIONS, CONDITIONS AND COVENANTS - 1 '~~ • • • WHEREAS, Declarant desires, by this instrument, to set forth restrictive covenants and conditions affecting the said real property that will amend, supersede and in all respects replace any and all existing restrictive covenants on the said property as reflected by Instrument Number 8117356 and 7863739. NOW, THEREFORE, Declarant hereby revokes Instrument Numbers 8117356 and 7863739, as recorded in the office of the Ada County Recorder, Idaho, in their entirety, declaring the same to be null and void, with none of the provisions thereunder to have any further force and effect. In their place, Declarant hereby declares that the real property described above shall be held, sold and conveyed subject to the following easements, conditions and covenants, which are for the purpose of protecting the value and desireability of, and which shall run with, the said real property and be binding on all parties having any right, title or interest in the described property or any part therof, their heirs, successors and assigns, and shall inure to the benefit of each owner therof. ARTICLE I DEFINITIONS Section 1. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple lot title to any lot which is a part of the properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. RESTRICTIONS, CONDITIONS AND COVENANTS - 2 . • Section 2. "Properties" shall mean and refer to that certain real property hereinbefore described, and such additions to said real property therto as may be added and therefore come under the terms of this Declaration. Section 3. "Lot" shall mean and refer to any plot of land shown upon the recorded subdivision map of the properties hereinbefore described in this Declaration. Section 4. "Building lot" shall mean any lot or combination of two or more of such lots, as defined in the previous definition, which are purchased as a unit, and upon which is built a single building. ARTICLE II AREA OF APPLICATION Section 1. Fully-Protected Residential Area. The restrictions and covenants set forth hereinafter shall apply and are intended to apply only to a portion of Settlers Village which is currently designated as General Retail and Service Commercial by ordinance of the City of Meridian. This portion of the subdivision consists of the following lots, and none others, as set forth upon the recorded subdivision map: Block 1, Lots 4 through 7; Block 2 and Lots ~~~hrough 7. These covenants shall further apply, and are intended to apply to any building lot created by combining more than one of the foregoing platted lots. RESTRICTIONS, CONDITIONS AND COVENANTS - 3 ARTICLE III RESIDENTIAL AREA COVENANTS Section 1. Land Use and Building Type. No lot or building lot shall be used except for residential purpose. No building shall be erected, altered, placed or permitted to remain on any lot other than one attached or detached single family dwelling not to exceed two and one-half stories in height. Each such dwelling shall have as a minimum a private enclosed garage. No such dwelling shall be constructed with a flat roof nor shall carports, attached or detached, be permitted. Section 2. Architectural Control. No building shall be erected, placed or altered on any lot, or building lot, until the construction plans and specifications and a plan showing the location of the structure have been approved by the Residential Architectural Control Committee as to the quality of workmanship and materials, harmony of exterior design with existing structure, and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum city building setback lines unless similarly approved. Approval shall be as provided in Article VI. Section 3. Dwelling Cost, Quality, and Size. No dwelling shall be permitted on any lot at a cost of less than $42,000.00 sales price, based upon cost levels prevailing on the date these covenants are recorded, it being the intention and purpose of the covenants to assure that all RESTRICTIONS, CONDITIgNS AND COVENANTS - 4 . • • dwellings shall be of a quality of workmanship and materials substantially the same or better than that which can be produced on the date these covenants are recorded at the minimum cost stated herein for the minimum permitted dwelling size. The building sizes shall comply to the City of Meridian Ordinance or as varied by the Meridian City Council. Section 4. Easements. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat and over the rear five (5) feet of each lot or as shown on the plat. Within these easements, no structure, planting, or other matter shall be placed or permitted to remain in which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of a flow of drainage channels in the easements. Except that in the access easements reserved for and maintained as Ingress - Egress there may be erected or placed, materials on the surface of the ground to be used as a roadway. The purpose of these improvements shall be to limit maintenance, improve appearance and provide use as a roadway. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible. Sectin 5. Nuisances. No noxious or offensive activity shall be carried on upon any lot, nor shall be done thereon RESTRICTIONS, CONDITIONS AND COVENANTS - 5 ' which may be o • y become an annoyance o • isance to the neighborhood. Section 6. Temporary Structure. No structure of a temporary character, trailer, basement, tent, shack, garage. barn or other outbuilding shall be used on any lot at any time as a resident either temporarily or permanently. Section 7. Parking. No recreation vehicles, trailers, automobiles, boats, or other such vehicles shall be parked permanently on the streets. All permanent parking shall be in garages or attached driveways. Section 8. Signs. No sign of any kind shall be displayed to the public professional sign of not advertising the property builder to advertise the sales period. Section .9. Oil and view on any lot except one more than five (5) square feet for sale or. rent, or signs used by a property during the construction and Mining Operations. No oil drilling, oil development operation, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot. Section 10. Livestock and Poultry. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats, or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purpose. The applicable City of Meridian ordinance providing for leashes or pens will be strictly observed with reference to all household pets. RESTRICTIONS, CONDITIONS AND COVENANTS - 6 s• • Section 11. Garbage and Refuse Disposal. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. Section 12. Sewage Disposal. No individual sewage disposal system shall be permitted on any lot. Sewage shall be disposed of by connection to the city sewerage system. Section 13. Landscaping. All lots shall be landscaped with lawn, shrubs, planting beds, and trees in accordance with the owner's diescretion, except that all owners shall maintain at least one deciduous shade tree placed five (5) feet from the sidewalk on the front lot line and three (3) feet from the side lot line opposite the driveway. All landscaping shall be maintained by the owner in such manner as to cause a pleasing appearance and in such manner which will sustain property values in the community. ARTICLE IV ARCHITECTURAL CONTROL COMMITTEE Section 1. Membership. (a) The Residential Architectural Control Committee is composed of the following: NAME ADDRESS Glen Gordon 17350 South West Shaw Aloha, Oregon 97005 Ken Coe 17350 South West Shaw Aloha, Oregon 97005 RESTRICTIONS, CONDITIONS AND COVENANTS - 7 Either mem~r may designate the other~o act on his behalf on the Architectural Control Committee provided such designation be in writing. (b) In the event of death or resignation of either member of the committee, the remaining member shall have full authority to designate a successor. Successors shall be designated from the recorded owners of the residential lots. Section 2. Procedure. The committee's approval or disapproval as required in these covenants shall be in writing. In the event the committee, or its designated representative, fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, approval will not be required and the related covenants shall be deemed to have been fully complied with. ARTICLE V GENERAL PROVISION Section 1. Term. These covenants are to run with the land and shall be binding on all parties, and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part. Section 2. Amendments. These Protective Restrictions, Conditions and Covenants may be amended, from time to time, providing at least three-fourths of the property owners, as of the date of said amendment, execute such amendment duly made and reduced to writing as provided for in Section 2 herein. RESTRICTIONS, CONDITIONS AND COVENANTS - 8 .• • . • Section 3. Enforcement. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damage. Should any person entitled to enforce these Restrictions, conditions and Covenants do so by legal action, then the prevailing party of such legal action shall be entitled to an award of reasonable attorney fees. Section 4. Severability. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. ARTICLE V ATTEST IN WITNESS WHEREOF, GKDG Properties, INC., has caused this Declaration and Agreement to be executed the day and the year herewith stated. GKDG Properties, INC. By KEN COE, Partner GARY BONES, Partner DAVID DIMEO, Partner GLEN GORDON, Partner ATTEST: By RESTRICTIONS, CONDITIONS AND COVENANTS - 9 +, ~ • • STATE OF IDAHO County of Ada On this day of 1987, before me a notary public in and for said state, personally appeared Ken Coe, Gary Bones, David Dimeo, and Glen Gordon, known or identified to me to be the partners of the corporation that executed the above instrument or the persons who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the-same. WITNESS MY SEAL Notary Public for Idaho Residing at Boise, Idaho RESTRICTIONS, CONDITIONS AND COVENANTS - 10 (~ ~~ ORT) T IVAI~CE tVO. __,;~~~ __ A(al ORL? T i`IA(~CE AMEh11D I I~1G MER T D T ARl C TTY ORLd T I~IAI~ICE RIUM~ER ~I.41 q ~'ERTA I h! T ~(G TO MOTOR VEH T CLE EM T SS T Olei CONTROL , SETT T (~G FORTH AT?U T T T OVAL DUT T ES AND POWERS OF THE A T R DUAL T TY EtOARI7 q AMENT) T NG THE COMF'L T ANCE ST T GF::ER CHARGE FROM ~. tit; TO ~.a . ~~ g ANt) AMENT) I NG THE EFFECT T VE~ TERM I NAT T ON LATE a ANT} F'ROV T D T NG AN EFFECT T VE DATE . WHEREAS, Air F'ollattion has become a siOni~icant problem in Ada Co~~ntyq WHEREASq E;•:haust emissions Pram motor vehicles are the major source of carbon mono>.ide air pollution in Ada County and such air pollution is a health hadard in the City of Meridian and Ada County9 WHEREASq The City Council and the Mayor of the City of Meridianq Idaho„ have concluded that it is the best interests of the City to approve and adopt provisions to reduce the carbon mono;•side air pollution and such to be effective upon approval hereof, NOWa.THEREFORE4 SE TT ORT}ATNEI) SY THE MAYOR OF THE CITY OF MER T I? T AN q ANZ? THE C TTY COUNC T L OF THE C TTY OF MEFt T D T AN q AT)A COUNTY q T TlAHO q SECTION 1 SHORT TTTLEe This Ordinance may be cited as the MOTOR VEHICLE EMISSIONS CONTROL ORDINANCE. SECTION ~ LEGISLATIVE F T ND T NGS ANT} F'URF'OSE e A. It is found and declared that e>.haust emissions from Motor Vehicles are the major source of carbon mono;:ide air pollution in Ada County and such air pollution is a hearth hazard in Ada Gounty of which the City of Meridian is a part. S. Tt is f~.utther -found and declared that an effective system of periodic Motor Vehicle inspection and maintenance and consumer education will reduce the level of vehicular air pollution•and provide motorists with objective maintenance information re~ardin~ their vehicles. C. It is further found and declared that the federal government has mandated to the several states and local entities the ultimate responsibility for periodic Motor Vehicle inspection and maintenance. Ada County has been designated as a non-attainment area for carbon mono>.ide and as such is 1 • ~• mandated under the Clean Air Act tv implement a Mvtor Vehicle inspection and maintenance programq that the City of Meridian is in Ada Gounty and an integral part thereof. D. The purpose of this ordinance is tv protect the health and welfare of the citiwens of Ada Countyq to provide far the central of air pollutant emissions from Motor Vehicles above certain levels as determined by the Soars and to require annual inspection of certain Motor Vehicles in order to comply with the Federal Clean Air Actq as amended. E. Tt is further found and declared that fuel economy is a legitimate legislative purpose and that an emission control program will result in Motor Vehicle fuel savings for the residents of Meridian. F. Tt is f~.irther found and declared that the adoption of this Section is pursuant to Section 4g-v85(t)q Tdaho Codeq and that this Section is temporary and a:•;perimental in nature and is necessary to deal with the special conditions of carbon mono:•;ids air pollution in Ada County. b--1--:~-:=:o DEFTIVTTTOtVSa ATFi PFiOGI~iAM The Automotive Inspection and Readjustment Program established by the Air L?uality Esoard in accordance with this Section which implements and operates the annual idle emissions test for 1~7C~ and newer Motor Vehicles under 8;c::c:: pounds gross vehicle weight. This action establishes an "idle test" that meets the requirements for "Motor Vehiclesq Emission Control System Performance Warranty Short Tests"q listed in Section ~~:~7 (b) of the clean Ai r Act„ ~•^ U.S.C. 7,~.i41 (b) . APPROVED EXHAUST GAS A device for sensing the amount of ai r AI'sIAL`lZEFi contaminants q i nc l ud i ng carbon mono:e i de i n the e::haust emissions of a Motor Vehicle. For the purpose of this Section, this shall mean analysing devices of the non-dispersive infrared type or any other analysing devices that provide equal or greater accuracy as approved by the L-~oard. AUTOMOTIVE IIVSPECTIOt~ A facility which meets the requirements ANi) REAT~JUSTMEhIT (AIR) of the board and is so equipped as to STATTO(~ enable a Motor Vehicle a:.haunt gas emissions inspection and any necessary adjustments to be performed and which is ~~' ~ if owned or operated by a person licensed by the Esoard to operate an emissions inspection station. t=CDAF~~ The Air G?uality Soard. Tt shall be an entity created pursuant to the prod si ons of Ti tl a b7~ Chapter ^.? of the Tdaho Cvde. The composition and organisation of the Soard shall be as set forth in the joint powers agreement e.•secuted subsequent to this Section by the. p~-trticipating public agencies. CARSDt~! I~Dh1DX II)E The chemical compound containing one atom of carbon and one atom of o:tygen. CERTIFICATE OF A stickier that certifies that the Motor CDtNiFLIAt~lGE Vehicle described therein is in compliance with the requirements of this Section and the regulations adopted pursuant to this ordinance. It shall be displayed in a visible area of the lower left front windshield of a Wlotor Vehicle. It shall be issued on an annual basis to every none:<empt Motor Vehicle complying with inspection in conformity to this Section and the regulations of the Soard. EMISSID{~S tWECHAI~IIC An individual licensed in accordance with L~oard specifications to inspect and adjust (rotor Vehicles which are subject to the automotive inspection program. EXHAUST Ei~ISSIO~IS Substances emitted into the atmosphere from any opening downstream of the e:.haust port (s) of any (rotor Vehicle engine. EXHAUST Et*tISSIDhi Egs.~ipment designed by the manufacturer CDI~TRDL DEVICE for installation on a r°lotor Vehicle for the purpose of reducing pollutants emitted from the Motor Vehicleq or a system or engine modification of a vehicle which causes a reduction of pollutants emitted from the vehicle. JDII~T F~OWERS AGREEh'IEI~1T That agreement which was entered into pursuant to Chapter 2~:P Title b7q of the Idaho Code between the City of Ecoise and the County of Ada on September l~q 198 and by the City of I~teridian on htovember 5q 1984. Furtherq any municipality within Ada County which adopts a r~• ~'• resolution supporting the requirements of this ordinance shall be deemed to be included. MO%?EL. YEAF, The year designated by the Tdaho DepC~rtment of Transportation Motor Vehicle Certificate of registration. MOTOF~ VEHICLE Any self-propelledq Motor Vehicle with four or more wheels in contact with the ground and weighing more than 1 n 5c_:c • pounds but less than Bq~C~« pounds gross veh i s l e weight q wegrs'~e:°ed-or-rec~~rred '~®-bye-weg~s'~ereet-~e~-P~d~c-S~tt~t'~p for wh i eh Ada Counter i s entered or reQL4i red to 4e entered u~-on the registration. For the purposes of this Section, the following vehicles shall be e.tempt from compliance. Motorcycles as defined in Section ~•:~-1t~1 q Tdaho Codeq "Tdaho Old Timers" as defined in Section 49-14q Tdaho Code; Farm tractors as defined in Section 49-italq Tdaho Codeq Vehicles with a model year prior to and including 19b~, Such other types of motor vehicles as may be e.:empted by rules and regulations adopted pursuant to this Section. MOTOR VEHTGLE OW~IEFt A person whose name appears as owner on the Motor Vehicle Certificate of Registration. All owners shall be subject to the enforcement and penalties of this Section for non-compliance with the Motor Vehicle requirements of this Section. FASS-ADJUST CRTTEF+TA Those standards set forth in regulations adapted pursuant to this ordinance which specify the ma:aimum allowable Motor Vehicle e:•:haust emissions which may be emitted irito the atmosphere from any opening downstream of the e:ahaust port(s) of any Motor Vehicle engine. ~'ERSON Any individualq partnershipq firm„ publicq privateq or municipal corporationq associations trustq estateq "1' l • ( • agencyq political subdivision of the State of Tdaho or any other legal entity or their legal representativesq agents or assigns. RULES AhID REGULATTOhiS Specific written provisions governing the emissions test proceduresq air station licensing and operations, ATR mechanics licensing, ATR station L•?uality Assurance procedures and other criteria necessary for the implementation and operation of the ATR F'rogramq as adopted and amended by the Air G!uality E~oard Pram time to time. SECT T Ohl MER T ~ T Ahl MOTOR VEH T CLE EM T SS T Oh1S COhITROL ORD T h1AhICE. TAMFERThIG Removal or rendering inoperative an e:,haust emissions control device including but not limited to a catalytic converters air injection system or leaded fuel restrictor. TEMPORARY REGTSTRATTOht That Motor Vehicle Registration established under Title 49, Section 4:".4, of the Tdaho Code which is valid for thirty (:_,i_~} days ar the seventy-two (72) hour requirement period provided for by the Tdaho Transportation Department form MVD-5c_'~. SECT T Ohl 4 T hISF'ECT T Ohl-MA T hITEhIAhICE PROGRAM CREATED e A. The L~oard sha11 implement a program for the mandatory annual exhaust emissions inspection and maintenance of certain Motor Vehicles regrstereel-or-regorreeF-to-toe-registered-rrt Ads-Sot~wtt'y for which Ac~a County i s entered or required to be entered. upon the retlistration including all Motor Vehicles owned by government entities and public utilities. Motor Vehicles not using gasoline or gasoline-mi:.ed fuels must be inspected in accordance with Section 7. D. to verify fuel type and upon such verification no further compliance with this ordinance shall be required. Motor Vehicles weighino 1 SC~sa sounds or 1 ess and B. 5eic_~ pounds cross vehi c1 a wei aht ar more must be inspected in accordance with Section 7.F. to verif wei ht and a on such verification no further compliance with this section will be required. ~~ ~~ ~e The e:.haust emissions of each Motor Vehicle sha11 include all of the following 1 o A measurement of the Motor Vehicle' s carbon mono:•: i de emissions using an approved e:.haust gas analyser or ether device as appraved by the Esoard to sample Motor Vehicle's e:<hausto ^e A determinationq according to test criteria established pursuant to this Section whether the Motor Vehicle's carbon mano:•:ide emissions meets the test criteriao ~e Where applicableq an indication to the Motor Vehicle's owner of the probable cause of any malfunction or misadjustment responsible for the Motor Vehicle's failure to comply with the pass-adjust criteria developed pursuant to •L-his Sections Ca Any person whose Motor Vehicle h,~-ts been inspected at an official emissions inspection station shallq if such Motor Vehicle was not found to comply with the pass-adjust criteriaq have •the Motor Vehicle repair undertaken at the owner's e:•:penseq and have the right within ten tic=~) calendar days of the initial e:.haust emissions inspectionq but not thereafterq to return such Motor Vehicle to the same emissions inspection station for one reinspection without charges Dn Sutasequen•t to the adoption and effective date of this Ordinanceq all none>:empt Motor Vehicles shall be required to comply with the inspection requirements of this Section at such time as said Motor Vehicles are required to register or renew registration under Title ~•9 of the Idaho Code or upon the a pi rati on date of any Certificate of Compliance for said Motor Vehicle if different than the registration/renewal dated The Certificate of Compliance e:spiration date shallq in all casesq determine the compliance date for reinspection° All none:sempt Motor Vehicles must be inspected annuallyo Motor Vehicles which are under temporary registration which do not have a current Certificate of Compliance are required to have an emissions test performed within ten {1ca) calendar days of the e::piration of the temporary registrations Motor Vehicles must be reinspected during the month the Certificate of Compliance e:;pireso The Rules and Fegulations shall require the return, of a test data form indicating inspection compliance. It shall be prima facie evidence of a violation of this Section if said form is not returned when required or a Certificate of Compliance is not displayed. SECT 1011 ~ d L)UT I ES AiVt) FOWEFS OF THE L~QAFD. Ae The L~oardq in accordance with the criteria herein e::pressedq shall adopt Fines and Fegulations as are necessary for the 6 { ~ ~r implementation and operation of the AIR Program and amend those Rules and Regulations Pram time to time as it deems necessary. Any such amendments must be made at regularly scheduled Ai r G?ual i ty ~soard meetings with faurteen (1~•} days public notice of such meetings. The appropriate governmental entitiesq AIR stations and AIR emissions mechanics shall be notified o¢ such amendments. ~. In developing "Rules and Regulations" for the implementation and enforcement of this Sectionq the hoard shall consider the followingq 1. The ambient concentrations of carbon mono:a i de from Motor ~l~~icles in the City of Meridian and Ada Countyg ^. The public health interestq including social and economic casts of air pollutants and their control„ :~. The requirements of the Federal Clean Air Actq as amendede the emission reduction benefits of the inspection and maintenance program and the Ada County Transportatian Control P1 an. ~•. Technological developments in automotive emission control equipment„ repair or testing. S. Amendments to the Rules and Regulations shall be administrative in natal^e for the purpose of addressing changes in technology and law and to ensure the proper and efficient implementation and operation of the AIR Program. C. The ~soard may recommend amendments to the schedule of fees fvw-ce~°~~-f ~c~~es-vf-cv~np~~~t~rce q -~I~rct°r-s~r~~~-~e-sttff~cre~r~-tv meet a -~cc~-~i°r~~~-rrv~-e., ceed q -thre-es~i~m~~eei-cvs~-of-~hre ~r~r~i-~c~i-vwt q -vpew°~i~rv~r-~wrd-e~tfv~ceme~r~-vf-~~re-pr°ve~r~tm-vf ~rt~pec~~vrt-vf-Mv~v~-'de~rrcl-es 9 -ti°re-i-~~s~t~~tce-vf-~approp~f~~e cep°~~•fs-c~~es-vf-cvr~p~~~rrceq -~cnd-~c~~-cvs~~-f~ret~wred-rat ~id~i~n~~~ew~rrg-~E~e-ASR-F~v~~°~m for motor veh i c 1 e e:•:haunt emission testing and certificates of compliance. All such fees and any such recommendation shall take into account the ene ation of revenues which shall be sufficient to meet but not er:ceed the esti aced cost of the initiation o eration administration and enforcement of the A R ro ram and the issuance of the appropriate certificates of compliance. Any such recommendation shall be forwarded to each entity partici~atinq in the joint pavers agreementg together with supporting data. ,including but not necessarily limited to an accountin of revenues and a:a enditures at l east thi rt f.=,c_a) da s ri or to the date contem l aced for the implementation of that recommendation. Anv such entity shall have the right to review and approve the schedule of fees utili>ed or proposed by the L3oard. However. the dollar amount of the fees set forth in Subsection 7C-4 may be 7 ~ r than ed on1 b ordinance u on the mutual a reement of each entity participatin~a in the ioint powers a],reement. The Doard shall alsoe i. Authorise the emissions inspection station to receive the Motor Vehicle inspection fee allowed under this Section. ^. ~iequire the emissions inspection station to remit to the Doard for deposit in the vehicle inspection fund9 establisFied pursuant to subsection bA Ordinanceq that portian of the Motor Vehicle inspection fee to defray the cost of administering and enforcing the provisions of this Section. D. The Doard shall conduct ongoing cost-benefit analyses and other evaluations of the inspection programs including, but not limited tog observed patterns of malfunctions in inspection of Motor Vehicles' er:haust emissions control devicesq quantities of reductions in air pollution in Ada Gounty and the Gity of Meridian subject to the provisions of this Section„ and maF::e recommendations to improve the inspection program. The Doard shall provide annual written reports on such analyses and evaluations to participating agency. C. Tn order to document the evaluation required in sub-section Da the Doard shall compile and maintain records of maintenance and repairs performed pursuant to this Section. A written summary report of such information sha11 be prepared annually by the Doard and made available to the public upon request. F. In performing its duties and responsibilities9 the Doard shall have the authority to undertaFze any action reasonably necessary to the performance of said duties, including but not limited tog 1. The employment and personnel management of necessary staff positions„ ^. The e..ecution of necessary contracts ~-tnd documentsq ~. The authorisation of e:•:penditures from the Motor Vehicle Inspection Funde 4. The formulation of regulations necessary to the implementation and administration of the programq ~. Gonduct regular meetingsg' b. Acquire and dispose of personal property. 8 r~ ~~ G. The L~oard shall formulate and conduct a quality control program. SECTIO(~ b. FIi~IAl~CINGa A. There is hereby established a Motor Vehicle Emissions Inspection Fund which shall consist of the followings 1. Loney appropriated thereto by any local entityq ~'. A1l money remitted by the emissions inspection stations which are collected as fees for emissions inspectionsq •_•. Money received from private grants or donations when so designated by the grantor and donorq 4. Federal or state funds to assist the implementation and administration of the emissions inspection program„ Es. Moneys in the Motor Vehicle emissions inspection fund may be used in paying casts incurred by the ~SOard in administering any aspect of the emissions inspection program. C. The E~oard shall appropriate and budget on a fiscal year- basisq in accordance with the statutory requirements of the member agencies indicating e::penditures to be made in implementation and administration of the Motor Vehicle emissions inspection program established according to this Section. The budget shall include indication of sources of income to be used for such e..penditure and justification for the magnitude of the inspection fee to be levied according to this Section. SECT 101`+! 7. I f~ISF'ECT I Q(~ CR I TER I A At~1D COSTS 4 A. Applicability. All nanez.empt Motor Vehicles must be inspected at an AIR Station in accordance with Subsection r of this Section. t~one.,empt Motor Vehicles of the model year 19?t:~ and newer registered or required to be registered in Ada County must comply with the yearly Emissions Test and adjustment procedures if the Motor Vehicle e::ceeds the model year percent CO standards. L~. Identification of Motor Vehicles required to comply with the Automotive Inspection a: Readjustment Program. 1. Motor Vehicles that are required to comply with the Air Program will be identified with an Air Program Certificate of Compliance Stica:er in the lower left corner of the front windshield. 9 {~ Co ~o The Certificate of Compliance stickier will e:<pire one year from the last day of the month of issuances Standards ie Tampering - Motor Vehicles of the model year 1984 and newer are to be inspected for the presence of the catalytic converter9 presence pf the air injection system and si4e of the fuel restrictore Motor Vehicles which have had these systems removed or defaulted are to be denied a Certificate of Compliance until the Matar Vehicle owner restores them to their original ar operating conditiano The systems are not required to be installed an Motor Vehicles which at the time of production did not have the system installed by the manufacturer n ^e Motor Vehicles emissions must be less than or equal to the following carbon mono.,ide emission pass-adjust criteria in order for a Certificate of Compliance to be issued without further adjustment or testingo Model Year 197t:a - 74 1975 - 79 198c:a 1981 - AItiII) hIEWE~i f Carbon Mono:•: i de 7a {} J o to .=~ o t;) ie~ _e Effective January 1~ 198b Motor Vehicles emissions must be less than ar equal to the following carbon mono:<ide emission pass-adjust criteria in order for a Certificate of Compliance to be issued without further adjustment or testinga Model Year Carbon Mono:, i de 197! ) - 74 .cl o .°.! 197 - 79 ?ems 198ia inv 1981 - AI~iL} I'+lEWER 1 e The L~aard may recommend amendments to the pass-adjust criteria as it deems necessary to meet the purpose of this Sectiano 4o The initial test cost including the three dollar t~:~oi_ac:) compliance stickier charge shall not e::ceed ten dollars 4~iti,ciir) q therefore the ma:.imum an AI~i station may charge far the the test alone is seven dollars (~7vi:aca) o Tf a Motor Vehicle e:.ceeds the model year standards during the initial test and the owner elects to utilise the ten fig') day period allowed for 1 c:: ~~ independent correctionq without the issuance of seven dollars t~7.G~7). returned and passes the Compliance is issued any t~: ~. a:~s:j) may be charged. the charge for that test a stickier sha11 be no more than When the motor Vehicle is free retest a Certificate of J no more than three dollars ~. Cffective September 1g 198'~g all compliance stickier charges shall be increased to three dollars and seventy-five cents t~T.~~} S~:bsepuent to September 1. 198~'~, the initial test cost shall oat e:•:eeed ten dollars and seventy-five cents t1c:~. 75) . ~b•. Fees for the adjustment andtor repair required by the F~ules and F~egulatians shall not e:,ceed fifteen t1v) dollars for Motor Vehicles of 197ci model year to and including a 198i:a model year. The adjustment fees far 1951 and newer shall not e:<ceed •thirty t~tit,) dollars. b7. Free retest proced~u^es are available far those I"lotor Vehicle owners whose Motor Vehicle e:•:ceed the model year percent CO standards. These Motor Vehicles have ten calendar days to have adjustments and/or repairs performed outside of the AIFt station. These Motor Vehicle owners must return the Motor Vehicle to the original test site far free retest. If the percent CO standards are still ea:ceeded, the licensed AIFi station must perform the adjustments and/or repairs required by the Mules and Regulations in order for a Certificate of Compliance to be issued. The cost limits for these adjustments andlar repairs may not a:<ceed fifteen dollars iii r.cfc:~) far model years 197:~-198:~ ar thirty dollars t~._,t:f„Cap:y) for model years 1981 and newer. I}. Verification of Alternate Fuel Types Owners of Motor Vehicles powered solely by a fuel other than gasoline or gasoline mi :<ed fuels q shtal 1 be required to take their Motor Vehicles to any licensed emissions testing station for verification of the fuel type by a licensed emissions mechanic. There shall be no cost to the Motor Vehicle owner for verification of an alternate fuel type. Upon such verificationq the licensed emissions testing station shall submit the completed data form to the Air G!uality ~oardq in accordance with the Rules and Regulations governing the operation of licensed emissions testing stations. The Mntar Vehicle owner's copy of the test data form must be retained in the Motor Vehicle. E. Verification of Out-Of-County Resident Status Motor Vehicle owners who receive a test data form from the Air G?uality Eaoard but permanently reside in a county other 11 than Ada County will be e:.empted from the emission testing requirement upon submission of the owners notari4ed affidavit to the Air G?uality E~aard that hislher permanent residence and domicile is outside of Ada countys and upon verification of such residencytl F! Verification of (rotor Vehicle Weight Owners of h~lotar Vehicles weighing 1p~~=~~a pounds or less or B_g_~t=?S_~ pounds gross vehicle weight or mores shall be required to take their Motor Vehicle to anv licensed emissions testing station for verification of weights There shall be no cost to the felotor Vehicle owner for verification of weiahto Upon such verificationg the licensed emission testing station shall submit the completed data farm to the Air G!uality Soard4 in accordance with the Rules and Regulations governing the operation of licensed emission stationee The I~iotor Vehicle owners copy of the test data form must be retained in the h4otor Vehicleo SECTION 8e Eh~ISSIONS TNSF'ECTION STATIONSa Ao Licensingo 14 The Soard shall formulate Rules and Regulations providing for the licensing of AIR stationed ~e In developing Rules and Regulations for the licensing of an AIR Stations the Soard sha11 consider criteria including but not limited to the followings as Possession of an approved e:;haust gas analysers other tools and equipment and licensed personnel necessary to conduct the required emissions testa and bn Other criteria as deemed necessC-~ry by the E~oard in order to further the public interest and carry out the purposes of this Sections ~e The Soard shall adopt Rules and Regulations providing for the submission by holders of an ATR Station License of such information as they deem reasonably necessary to carry out the purposes of this 5ectiono ~e The E~oard or its authorised representativess upon notice and an opportunity for a hearings may suspend revoke andlor require the surrender and forfeiture of any AIR Station License of the ATR station permittee if it finds that such station is not operated in accordance with this Section or the Rules and Regulations adopted pursuant to this Sections The 1^ procedure and grounds for suspension or revocation shall be set Forth in the Rules and Regulationse Sd Improper Representations ie Flo person shall represent any place to be an AIR Station unless it has been established and is operated under a l i tense i sseted by the L~oard o ~e A Certificate of Compliance shall not be issued or affi>:ed to any Motor Vehicle e:ecept at an AIR Station established and operating under a license issued by the Saardo All such certificate shall be serially numbered and shall be accounted fartl SECT I C)hl 9 e EM I SS 10~! I hISF'ECT I OIV f~ECHA(~I I CS s Ae Licensing le The ~SOard shall adopt Rules and Regulations providing for the licensing of emissions inspection mechanicsd ^e In developing Rules and Regulations for the qualifications of a person for an emission inspection mechanicq the L~oard shall consider criteria including but not limited to the followings as Successful completion of the E~oard authorised emission mechanic fifteen d1~) hour course or pass the challenge test offered in lieu of the courses bo C)ther criteria as deemed necessary by the Floard in order to further the public interest and carry out the purposes of this Sections _e The Saard shall adopt Rules and Regulations providing for the submission by holders of emission mechanics licenses of such information as they deem reasonably necessary to carry out the purposes of this Sections ~a The ~Saard or its authorised representativesq upon notice and an opportunity for a hearingq may suspend, revab::e andlor require the surrender and forfeiture of an Air Emission 1"iechanic's License if the Soard finds that such mechanic does not operate in accordance with this Section or the Rules and Regulations adopted pursuant to this Sections The procedure and grounds for suspension or revocation shall be se•t forth in the Rules and Regulationso ~Se Improper Representations ld l~lo person shall represent himself ar herself as a licensed emissions mechanic unless he or she has obtained a license issued by the Soarde 1.' ~a • ^. A Certificate of Compliance shall not be affis•;ed to any Motor Vehicle e::cept by an emissions mechanic licensed by the Soars. All such certificates shall be serially numbered and shall be accounted for. SECT T Ohl 1 c:~ e ACls?U T S T T T Ohl OF F'ROF'EFtTI' q CEF+T T F T CATES FROF'ERTY OF SOAF'17 0 A. The Soars may acquire by purchaseq donationq dedicC-~tionq or other lawf u1-means any special equipmentq taolsq materials or facilities needed to .adequately administerq investigate or enf orce the provisions of this ordinance or the regulations adopted pursuant hereto providedq howeverq any acquisition made by the L~oard shall comply with all statutory requirements imposed upon each participating agency for the purchase or receipt of property. S. E::haust emission Certificates of Compliance are the property of the Esaard until such time as they are affi:•;ed to properly inspected Motor Vehicles. SECTTOhI 11. FALSTFTCATTOhI OF CEF~TTFTCATESe A. h)o person shall counted eitq or Compliance. ~. hlo person shall Certificate of compliance with maF::eq issue or display any imitatianq alteration of an official Certificate of display upon any none>tempt Motor Vehicle a Compliance knowing it to be issued without this Section. SECT T Ohl 1 ^. DEMAhI~ OFe COLLECT T Ohl OF T MF'FtOF'EFr FEE a hio person shat 1 demand or col 1 ect a fee for the i nspecti on of a Motor Vehicleq ~.enless authorised by this ordinance. The fees set forth in this ordinance mC1y be charged for e::empt Motor Vehicles when testing is voluntarily requested by the Motor Vehicle owner. SECT T Ohl 1 T . EhIFOFiCEMEIVT e !Nothing in this Section shall be construed t^ prevent the Esoard from requesting utilisation of any other enforcement mechanisms granted by law. SECT T Ott! 14. F'U~L T C T hIFOFiMAT T Ohs e A. The Soars shall make F::nown to owners of subject Motor Vehicles the purpose of the vehicle emissions inspection program. A program of meetingsq public hearingsq mass media coverageq or any other form of communication shall be prescribed and providedq to orient and educate the public 14 ~~ regarding the purpose of the emissions inspection programq as well as to elicit public participation in the development and operation of the inspection program. D. The Ltoard Shall prepare public information for the benefit of the owners of Motor Vehicles subject to the provisions of this Section. This inf ormation Shall explain the inspection program9 the owner's responsibilities under the programq and the most common adjustments and repairs likely tv be required in order for the owner's Motor Vehicle to pass inspection. Tt shall make available the locations of stations at which the inspection requirement can be metq scheduling information9 and information of the location and availability of mechanics to perform repairs for the inspection program. Tt sha11 be made available by the ~SOard to owners of Motor Vehicles subject to the provisions of this Sectionq free of charge. C. The L-~oard shall conduct a Series of orientation seminars to familiarise automobile mechanics and owners of Motor Vehicles subject to provisions of this Section with the standardsq procedures and forms to be utilised in the inspection program and9 in partieularq with maintenance and repair procedures recommended by the L-~oard for performance an Motor Vehicles failing to pass inspection. Such 5eminar5 shall be conducted at locations selected on the basis of participant's conveniepce of access. SECT T Ohl i v. EFFECT T VE T)ATES e This ordinance Shall be rendered nu11 and void :~-'~e€~r°S-f~®en-'~{~e m~:rtd~s'~orq-~m~s~er~ert'i:~t'~~o~t-~I~i'~e on Ar~ri 1 1 ~, i'~9c:~9 unless e:.tended by ordinance. This Section shall also be null and void at such time aS Ada Counter attains compliance with air quality requirements under the Federal Clean Air Act s'YS amended. SECTTOhI ib. F'EI~AL..TTESd Any person who violates any provision of this Section shall be deemed guilty of an infraction andq upon conviction thereofq 5h~--11 be fined ~^5.t:~;~ for each violation. SECT T Oil 17 . JO T ~1T OAT) T I~AIWCES s The Ada County Commissioners have previously passed an Ordinance which is the counterpart of this Ordinance for the City of Meridian and i5 basically identical to this Ordinanceq other cities in Ada County may already have passed or will passe such an Ordinance9 the City of Meridianq by this Ordinance9 has agreed that carbon rriono:•: i de i n the City of Meridian Shoul d be reduced and this Ordinance is passed to endeavor to do 5oq the City finds that the delegation of authority to the Air G?uality &oard is appropriate and the most efficient and economical means of ~. J operating the program and of operatinG a county-wide abatement program of carbon mono,;ideq that individual municipal enforcement would be duplicate and inefficient Government an-d probably unenforceable since registration of automobiles is a county and state function rather than a City function. SECTT0~1 18. ~1HEh:EASq •khere i s an emergency is declared to e:.istq this from and after its passages approval by law. emergency therefore, which Ordinance shall take effect and publication as required 1b F'ASSEI7 by the City Counci 1 and approved by the Iviayor o¢ the City v~ ~leridianq Ada Co~inty9 Tdahoq this ,~,~~~ day o~ - - - ~~-~ ----------- ^ 198 ~~ AF'F'F~OVEI? e GRAFT F' a k' T I~IGSFOFiD q ~IAYOFc ATTESTo i7 SUMMARY OF ORDINANCE NO. i~~-'.° On August 18, 1987, at its regular meeting on the second Monday of the month the Meridian City Council passed and approved Ordinance No. 484 which Ordinance amends Title 7, Chapter 6, of the Revised and Compiled Ordinances of the City of Meridian, entitled MOTOR VEHICLE EMISSIONS CONTROL; the Title of Ordinance NO. 484 reads as follows: AMBROSE, FITLGERALD & CROOKSTON Attorneys and Counaetore P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 AN ORDINANCE AMENDING MERIDIAN CITY ORDINANCE NUMBER 441, PERTAINING TO MOTOR VEHICLES EMISSION CONTROL, SETTING FORTH ADDITIONAL DUTIES AND POWERS OF THE AIR QUALITY BOARD; AMENDING THE COMPLIANCE STICRER CHARGE FROM $3.00 TO $3.75; AIRY) AMENDING THE EFFECTIVE TERMINATION DATE; AND PROVIDING AN EFFECTIVE DATE. The principal provisions of Ordinances No. 484 are: 1) It provides that vehicles exempted from emissions control because of weight must verify that weight. 2) It provides that the Air Quality Board may recommend amendments to the schedule of fees for mortor vehicles exhaust emission testing and certificates of compliance and provides criteria for such recommendations. 3) It provides that effective September 1, 1987, all ompliance sticker charges shall be increased from three dollars ($3.00) to three dollars and seventy-five cents ($3.75). 4) It provides that subsequent to September 1, 1987, the ~• initial test cost shall not exceed ten dollars and seventy-five cents i$10.75). 5) It provides for free verficiation of weight by licensed emissions testing stations for those vehicles seeking an exemption because of vehicle weight. 6) It provides that it shall become null and void on April 1, 1990 or at such time as Meridian attains compliance with Federal Clean Air Act requirements. 7) It provides for an emergency effective date and Ordinance No. 484 will be effective upon publication of this summary. The public is additionally informed that the full text of Ordinance No. 484 is available for inspection or copying at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho. This Summary was approved by the Meridian City Council on August 18, 1987 at its second regular meeting in August. DATED this~~ day of August, 1987. Jack~irTiemanr~/, City Clerk AMBROSE, FITZdERALD &CROOKSTON Attorneys end Counselors P.O. Box 427 Merldien, Idaho 83842 Telephone 8884481 • (• ATTORNEY'S CERTIFICATE The attached Summary of Ordinance No. 484 is true and complete and provides adequate notice to the public of said Ordinance No. 484 which is an .Ordinance amending the Motor (Vehicle Emission Control Ordinance. DATED this -~--~ day of August,~_1~987. Wayn G. Crookston, Jr. City Attorney City of Meridian AMBROSE, FITZQERALD B~CROOKSTON Attorneys and Counselors P.O. Boz 427 Meridian, Idaho 83842 Telephone 88&4481 ~:. ~ ~~~ ~ • ~~ ORDINANCE NO . _!~ __~__/ AN ORDINANCE AMENDING AND CHANGING THE ZONE OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN, WHICH IS DESCRIBED AS LOTS 4,5,6 AND 7, BLOCK 1, AND LOTS 4,5,6, AND 7, BLOCK 2, SETTLERS VILLAGE SUBDIVISION, ADA COUNTY, IDAHO AND VACATING THE PEDESTRIAN WALKWAY EASEMENT TWENTY FEET IN WIDTH ALONG THE EASTERN FIFTEEN FEET OF LOTS 4,5,6, AND 7, BLOCK 2, AND THE FIFTEEN FOOT WIDE WALKWAY EASEMENT ALONG THE NORTH END OF LOT 7, BLOCK 2, SETTLERS VILLAGE SUBDIVISION, ADA COUNTY, IDAHO, BUT LEAVING IN TACT THE DRAINAGE AND UTILITY EAa~EMENTS THAT RUN CONCURRENT TO THE WALKWAY EASEMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to amend and change the zoning from CG, General Retail and Service Commercial to R-8, Residential for the following described land: Lots 4,5,6 and 7, Block 1 and Lots 4,5,6 and 7, Block 2, Settlers Village Subdivision, Ada County, Idaho. AMBROSE, FITZCiERALD &CROOKSTON Attomays and Counselors P.O. eoz 427 Meridian, Idaho 83842 Telephone 8884481 WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho have concluded that it is in the best interest of said City to vacate the walkway easement twenty feet in width along the east end of Lots 4,5,6 and 7, Block 2, and the fifteen foot walkway easement on the north sides of Lots 7, Block 2, Settlers Village Subdivision, Ada County, Idaho. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of Meridian, Ada County, Idaho. Section 1. That the aforementioned real property which is described as follows: (~ ~~ Lots 4,5,6, and 7, Block 1, and Lots 4,5,6, and 7, Block 2, Settlers Village Subdivision, Ada County, Idaho. Be and the same hereby is rezoned from CG, General Retail and Service Commercial to R-8 Residential and that Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same. Section 2. That the walkway easements twenty feet in width AMBROSE, FITZOERALD &CROOKSTON along the east end of Lots 4,5,6, and 7, Block 2, and the fifteen foot walkway easement on the north side of Lot 7, Block 2, is hereby vacated but left in tact are the drainage and utility easements which run concurrent with the walkway easements. Section 3. That due to problems with irrigation and the legal description with the above property and adjacent property on the east, owned at the present time by Steven Michaels, this ordinance shall not be published until those irrigation and legal description problems are resolved; evidence of their resolution shall be signed statments to that effect by Steven Michaels. Section 4. 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~~ day of r , 1987. "° Attomeyeend TTEST: Counselors P.O. tlox 427 Meddl~en,2 eno . ITY CL Telephone8ti&M81 1! NIEMANN APP D: f MAYOR--GRI~NT P. KINGSFORD ( • ~• STATE OF IDAHO,) :ss. County of Ada, ) I, Jack Niemann, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE AMENDING AND CHANGING THE ZONE OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN, WHICH IS DESCRIBED AS LOTS 4,5,6, AND 7, BLOCK 1, AND LOTS 4,5,6, AND 7, BLOCK 2, SETTLERS VILLAGE SUBDIVISION, ADA COIINTY, IDAHO AND VACATING TAE PEDERTRIAN WALKWAY EASEMENT TWENTY FEET IN WIDTH ALONG THE EASTERN FIFTEEN FEET OF LOTS 4,5,6, AND 7, BLOCK 2, AND THE FIFTEEN FOOT WIDE WALKWAY EASEMENT ALONG THE NORTH END OF LOT 7, BLOCK 2, SETTLERS VILLAGE SUBDIVISION, ADA COUNTY, IDAHO BUT LEAVING IN TACT THE DRAINAGE AND UTILITY EASEMENTS THAT RUN CONCURRENT TO THE WALKWAY EASEMENTS; AND PROVIDING AN EFFECTIVE DATE," passed as Ordinance No. , by the Ci Counc~j1 and Mayor of the City of Meridian, on he day of LgJr , 1987, as the same appears in my office. DATED this day of August, 1987. C-ity Clerk, C- y of Meridian P,da ounty, daho AMBROSE, FITZOERALD & CROOKSTON Attorneys end Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone 8884481 STATE OF IDAHO,) :ss. County of Ada, D On this -~ day of undersigned, a Notary Public in appeared Jack Niemann, known to m subscribed to the within an acknowledged that he executed the August, 1987, before me, the and for said State, personally e to be the person whose name is d foregoing instrument, and same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written® ,`oooaaasaaeaaaaa~o ' SEAL ,«4`~~'' S+'"•~ Notary Pu lic for Idaho ~~i'~~~~. Residing at: Meridian, Idaho ~ Ada (:QwF>~y td r ReQltest ~ ~ a ~ r ,/ ~ JOF9N BAST D~ r 8y R ~-- ~~ Depu4y ORDINANCE NO. ALLISON FIRST ANNEXATION AN O~tDINANCE ANNEXING AND ZONING LOT 6 OF EAST SIDE ADDITION TO MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is hereinbelow described: ALLISON FIRST ANNEXATION LOT 6 OF EAST SIDE ADDITION TO MERIDIAN, ADA COUNTY, IDAHO, ACCORDING TO THE PLAT THEREOF FILED IN BOOR 42 OF PLATS AT PAGE 158. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1: That the above described and referenced real property is hereby annexed to the City of Meridian, and shall be zoned as follows: The 110.00 feet adjacent to Pine Street L-0, LIMITED OFFICE; the balance of the property R-8 RESIDENTIAL. Section 2: That this Ordinance does not supersede the record, particularly the Findings of Fact and Conclusions, pertaining to this annexation, but said record is made a part hereof by this reference and incorporated herein. AMBROSE, FITZGERALD &CROOKSTON Attorneys end Counaelora P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 f. f• Section 3: That the City Clerk shall cause one (1) copy of the legal description and map which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4: 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 day of August, 1987. APP~O ED : ,j' - ~,' Mayor--Grant P. Kingsford EST: Jack ~NAT~ntadn fCity Cler AMBROSE, FITZGERALD S CROOKSTON Attorneys and Counselors P.O. eoz 427 Meridian, Idaho 83842 Telephone BBBd481 ( • STATE OF IDAHO, ss. ( • County of Ada, AMBROSE, FITZCiERALD & CROOKSTON Attorneys and Counselore P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 I, Jack Niemann, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE ANNEXING AND ZONING LOT 6 OF EAST SIDE ADDITION TO MERIDIAN, ADA COUNTY, IDAHO; ND PROVIDING .AN EFFECTIVE DATE," passed as Ordinance No. , the City Council and Ma~ r of t e City of Meri' an, on the / ~ day of ..~~~,~.l~=C _, 1987, as the same appears in my office. DATED this~g'~~ day of August, 1987. STATE OF IDAHO, ss. County of Ada, > On this ~~ day undersiged, a Notary Public appeared Jack Niemann, known subscribed to the within acknowledged that he executed of August, 1987, before me, the in and for said State, personally to me to be the person whose name is and foregoing instrument, and the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. i~>1t1111011,,~ • SEAL :: 6~,lA~ ~~ otary ublic for Idaho ~- ~ Residing at. Meridian, Idaho R +~ pf ~Q ~.~* ~ Requert of ~0~d~4rn a N~4° . ~12,~/rit...~ ~~ 7 E . v~~ M• JO fd BASTiDl4 CPR R DeP~7- ~v~G~-~ ~ - 28 ,::z--~- -- - ?--, J!4 ~ GRIyE ~a SEG ;' AAA ~°t~l~lV ~Y A~~~~~~t~'~ :~~~~r ~~ ORDINANCE NO. %6f jS p~~ AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PART OF BLOCK 4 OF THE AMENDED PLAT OF F. A. NOURSE'S THIRD ADDITION TO MERIDIAN, ADA COUNTY, IDAHO, ALSO KNOWN AS 1403 EAST FIRST STREET, MERIDIAN, IDAHO, AND A PART OF THE NW 1/4 NW 1/4, SECTION 7, T. 3N., R. lE. PARCELS 3480, 3504, 3510 and .3520, ADA COUNTY, IDAHO, ALSO KNOWN AS 1320, 1326, 1332 and 1404 EAST FIRST STREET, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of AMBROSE, FITZOERALD & CROOKSTON Attorneys and Counselors P.O. Borc 427 Merldlen, Idaho 83842 Telephone 8884481 Meridian, Idaho, have concluded that it is in the best interest of said City to amend and change the zoning from (R-15) Residential to (C-C) Community Commercial, for the following described parcels of land: Parcel A: Beginning at the NE corner of Block 4 of the Amended Plat of F. A. NOURSE'S THIRD ADDITION TO MERIDIAN, according to the plat thereof, filed in Book 7 of Plats at Page 299, records of Ada County, Idaho; thence south along the East line of said Block 4 a distance of 248 feet to the real place of beginning, and from said point running South 68 feet to the 5E corner of said Block 4; thence West along the South line of said Block 4 a distance of 223.15 feet to the East line of property described in Warranty Deed to Terry E. McGoldrick recorded as Instrument No. 365961, records of Ada County, Idaho; thence North along said property 68 feet; thence East parallel to the South line of said Block 4, 223.15 feet, more or less, to the Place of Beginning. Parcel B: (1) A tract of land in the NW 1/4 of the NW 1/4 of Section 7, T. 3N., R. lE., described as follows: Commencing at a point 154.5 feet North of the southwest corner of that certain tract of land described in Book 190 of Deeds at page 123 of the records of Ada County, Idaho, the real point of beginning; thence North along the East line of Highway X30 a distance of 63.5 feet; thence East 246 feet; thence South 63.5 feet; thence West 246 feet to the real point of beginning. • ~~ (2) Commencing at the NW Corner of that certain tract of land heretofore conveyed to S. L. Hughell and Mary Hughell, by deed recorded in Book 190 of Deeds at page 123, records of Ada County, State of Idaho, as place of beginning; thence North a distance of 63.2 feet; thence East at right angles a distance of 246 feet; thence south at right angles a distance of 63.2 feet to the North line of above mentioned tract; thence West along the North line of above mentioned tract a distance of 246 feet to the place of beginning, being in Section 7, T. 3N., R. lE., B.M., Ada County, Idaho. (3) That portion of the NW 1/4 of the NW 1/4 of Section 7, T. 3N., R. lE., B.M., more particularly described as follows: Commencing at the SW corner of that certain tract of land heretofore conveyed to S. L. Hughell and Mary Hughell by deed recorded in Book 190 of Deeds at page 123, records of Ada County, Idaho; thence 218 feet North along the East side of Highway No. 30 to the real place of beginning; thence North along the East side of Highway No. 30 a distance of 63.5 feet; thence East at right angles a distance of 246 feet; thence South at right angles a distance of 63.5 feet; thence West at right angles a distance of 246 feet to the real place of beginning. thence West at right angles a distance of 246 feet to the place of beginning. 64.5 feet; thence East at right angles a distance of 246 feet; thence South at right angles a distance of 64.5 feet; thence North along the East side of Highway No. 30 a distance of 3N., R. lE., B.M., Ada County, Idaho, as follows: Commencing at the SW Corner of that certain tract of land heretofore conveyed to S. L. Hughell and Mary Hughell by deed recorded in Book 190 of Deeds at page 123 of the records of Ada County, Idaho; thence 281.5 feet North along the east side of Highway No. 30 to the real place of beginning; (4) That portion of the NW 1/4 of the NW 1/4 of Section 7, T. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City AMBROSE, FITZGERALD & CROOKSTON Attorneys end Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8881481 Council of the City of Meridian, Ada County, Idaho: Section 1. That the aforementioned real property which is described as follows: (• AMBROSE, FITZOERALD & CROOKSTON Attorneys and Counselors P.O. Boz 427 Meridian, Idaho 83842 Telephone 8880481 County, Idaho; thence south along the East line of said Block 4 a distance of 248 feet to the real place of beginning, and from said point running South 68 feet to the SE corner of said Block 4; thence West along the South line of said Block 4 a distance of 223.15 feet to the East line of property described in Warranty Deed to Terry e. McGoldrick recorded as Instrument No. 365961, records of Ada County, Idaho; thence North along said property 68 feet; thence East parallel to the South line of said block 4, 223.15 feet, more or less, to the Place of Beginning. Parcel A: Beginning at the NE corner of Block 4 of the Amended Plat of F. A. NOURSE'S THIRD ADDITION TO MERIDIAN, according to the plat thereof, filed in Book 7 of Plats at Page 299, records of Ada 63.5 feet; thence East 246 feet; thence South 63.5 feet; thence West 246 feet to the real point of beginning. Parcel B: (1) A tract of land in the NW 1/4 of the NW 1/4 of Section 7, T. 3N., R. lE., described as follows: Commencing at a point 154.5 feet North of the southwest corner of that certain tract of land described in Book 190 of Deeds at page 123 of the records of Ada County, Idaho, the real point of beginning;. thence North along the East line of Highway #30 a distance of thence south at right angles a distance of 63.2 feet to the North line of above mentioned tract; thence West along the North line of above mentioned tract a distance of 246 feet to the place of beginning, being in Section 7, T. 3N., R. lE., B.M., Ada County, Idaho. (2) Commencing at the NW Corner of that certain tract of land heretofore conveyed to S. L. Hughell and Mary Hughell, by deed recorded in Book 190 of Deeds at page 123, records of Ada County, State of Idaho, as place of beginning; thence North a distance of 63.2 feet; thence East at right angles a distance of 246 feet; (3) That portion of the NW 1/4 of the NW 1/4 of Section 7, T. 3N., R. 1E., B.M., more particularly described as follows: Commencing at the SW corner of that certain tract of land heretofore conveyed to S. L. Hughell and Mary Hughell by deed recorded in Book 190 of Deeds at page 123, records of Ada County, Idaho; thence 218 feet North along the East side of Highway No. 30 to the real place of beginning; • ~ • thence North along the East side of Highway No. 30 a distance of 63.5 feet; thence East at right angles a distance of 246 feet; thence South at right angles a distance of 63.5 feet; thence West at right angles a distance of 246 feet to the real place of beginning. (4) That portion of the NW 1/4 of the NW 1/4 of Section 7, T. 3N., R. lE., B.M., Ada County, Idaho, as follows: Commencing at the SW Corner of that certain tract of land heretofore conveyed to S. L. Hughell and Mary Hughell by deed recorded in Book 190, of Deeds at page 123 of the records of Ada County, Idaho; thence 281.5 feet North along the east side of Highway No. 30 to the real place of beginning; thence North along the East side of Highway No. 30 a distance of 64.5 feet; thence East at right angles a distance of 246 feet; thence South at right angles a distance of 64.5 feet; thence West at right angles a distance of 246 feet to the place of beginning. be, and the same is rezoned from "R-15" Residential to "C-C" Community Commercial, and Section 11-2-425, Official Zoning Maps are hereby amended to reflect the same. 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 C'ty of Meridian, Ada County, Idaho, this ,~ day of sJ'" 1987. APPROVED: F Mayor - Grant P. Kingsford ATTEST: AMBROSE, FITZGERALD BCROOKBTON Attomeysend ity e k Jack Niemann Counaetora P.O. Box 427 Merldlen, Idaho 83842 Telephone 88&4481 ~ • ~ AMBROSE, FITZdERALD 8 CROOKSTON Ariomeys end Counaelore P.O. Boz 427 MaHdlan,Idaho 83842 Telephone 8884481 ATE OF IDAHO,) :ss. County of Ada, ) I, Jack Niemann, City Clerk of the City of Meridian. Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN, WHICH IS DESCRIBED AS A PART OF BLOCK 4 OF THE AMENDED PLAT OF F. A. NOURSE'S THIRD ADDITION TO MERIDIAN, ADA COUNTY, IDAHO, ALSO KNOWN AS 1403 EAST FIRST STREET, MERIDIAN, IDAHO, AND A PART OF THE NW1/4 NW1/4, SECTION 7, T. 3N., R. lE. PARCELS 3480, 3500, 3510 AND 3520, ADA COUNTY, IDAHO, ALSO KNOWN AS 1320, 1326, 1332 AND 1404 EAST FIRST STREET, MERIDIAN, IDAHO; D PROVIDING AN EFFECTIVE DATE," passed as Ordinance No , by the City ounci~ and Mayor of the City of Meridian, on he day of , 1987, as the same ,appears in my offa.ce. DATED this~~ day of August, 1987. ~i ~ Cler , ity o Meridian Ad County, Idaho STATE OF_ IDAHO,) :ss. County of Ada, ) On this day of August, 1987, before me, the undersigned, a Notary Public in and for said State, personally appeared Jack Niemann, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,~®ao1H-4-----, s @ • ~* ~ u~i • SEAL ~, ~~~Ci4~+~, ~~ Notary b is for Idaho s - Residing at: Meridian, Idaho ~ s ti •~i,,~(l~-~ w~owee ~B~U6>~ of , ~~- ~ DRTE ~ ~, ~°~C ~; " JOHN B~TI~tA ~~ ~, ~~ ~~