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1987 04-07A G E N D A MERIDIAN CITY COUNCIL APRIL 7, 1987 ITEM: MINUTES OF PREVIOUS MEETING HELD MARCH 16, 1987: (APPROVED) nl. PUBLIC HEARING: SENIOR CITIZENS GRANT: (GRANT APPROVED) 2. CONDITIONAL USE PERMIT FOR MARY & JESSE WILSON: (WITHDRAWN) 3. PUBLIC HEARING: VARIANCE REQUEST BY GAIL & SHELLY SWANDER: (APPROVED) 4. PUBLIC HEARING: REVISED FINAL PLAT ON MERIDIAN GREENS:(CONTINUED) 5. APPROVE THE COVENANTS FOR MERIDIAN GREENS: (CONTINUED) 6. PRE—TERMINATION HEARING, WATER,SEWER, TRASH DELINQUENCIES:(TURN—OFF APPROVED) 7. APPROVE THE BILLS: (APPROVED) 8. ORDINANCE # 474: ADOPT 1987 ELECTRICAL CODE: (APPROVED) 9. ORDINANCE # 475: AMEND BUILDING CODE: (APPROVED) 10. RESOLUTION # 111: FEE SCHEDULE FOR BUILDING PERMITS: (APPROVED) 11. RESOLUTION # 112: FEE SCHEDULE FOR ELECTRICAL PERMITS:(APPROVED) 12. AUTHORIZE DESTRUCTION OF CERTAIN RECORDS.AS REQUIRED BY IDAHO CODE: (APPROVED) 13., VARIANCE FOR BASEMENT NEW CITY HALL:(APPROVED) 14. DEPARTMENT REPORTS. MERIDIAN CITY COUNCIL APRIL 7, 1987 Regular Meeting of the Meridian City Council called to order by Mayor Grant Kingsford at 7:30 P.M.: Members Present: Bill Brewer; Ron Tolsma: Bert Myers: Bob Giesler: Other Present: Scout Troop #28, Residents of Counrty Terrace, Carlyle Briggs, P.E., Dale Ryan, Don Hubble, Norm Fuller, Roy Porter, Gary Smith, Kenny Bowers, Bob Mitich, Wayne Crookston, Jim -Shearer, Walt Morrow, Wayne Skiver, Miriam Barr, Bob Wherry, Steve Anderson, Gail & Shelly Swander: The Motion was made by Brewer and seconded by Myers to approve the minutes of the previous meeting held March 16, 1987 as written: Motion Carried: All Yea: Mayor Kingsford welcomed the Member of Scout Troop #28 who were in attendance. Item #1: Public Hearing: Senior Citizens Grant: Mayor Kingsford, I will now open the Public Hearing, is there anyone from the Public who wishes to testify on the application for a Block Grant for the Senior Citizens? Carlyle -Briggs was present to give testimony on this request. Briggs, I have prepared the application and I have here tonite the necessary thing that are required for the hearing including a copy of the application if the Mayor & Council would like to look at it. Mayor Kingsford, I do not think that will be necessary unless there is other testimony that would require that otherwise it can just be filed with the Clerk. Briggs, if there is anyone needs further information, I can answer questions. Mayor Kingsford, is there anyone else present who wishes to testify on this application? There was no response, the Public Hearing was closed. The Motion was made by Myers and seconded by Tolsma that the City of Meridian approve of the application for a Block Grant for the Meridian Senior Citzens in the amount requested. Motion Carried: All Yea: Item #2: Conditional Use Permit for Mary & Jesse Wilson: Mayor Kingsford, for the Council and Public information the Wilson's withdrew their application for a Conditional Use Permit. ERIDIAN CITY COUNCIL • • APRIL 7, 1987 PAGE # 2 Item #3: Public Hearing: Variance Request by Gail & Shelly Swander: Mayor Kingsford, at this time we will open the Public Hearing, is there anyone in the audience who wishes to testify on this request? Gail Swander was present, Swander was sworn by the City Attorney. Swander, we talked to the real estate agent and told him how we wanted to build the fence and he advised everything was alright, we saw other fences like ours in the subdivision so forsaw no problems. We thought everything was fine until we got the notice that our fence was in violation of the City Ordinance. We have a pool and a trampoline in the back yard and we both work and do not want to cut the fence down to three feet as we are afraid the children in the neighborhood would climb over a three foot fence when we are gone.and maybe drown in our pool. Mayor Kingsford, any questions of the Council of Mr. Swander? There were none. Is there anyone else in the audience who wishes to offer testimony? There was no response, the Public Hearing was closed. Giesler, I would like to say I did drive by and the fence is done very well and one way is a stop sign and you can see around the corner good in the other direction and I personally do not have any problems with this fence. Brewer, the fence does seem to be in the best interest of the Swanders and all the surrounding neighbors seem to be in agreement, I certainly have no objections to this Variance. The Motion was made by Tolsma and seconded by Brewer to grant the Variance request made by Gail and Shelly Swanders for a fence. Motion Carfied: All Yea: Item #4: Revised Final Plat on Meridian Greens: Public Hearing: Mayor Kingsford, I will now open the Public Hearing, before we start I would like to make a couple of comments, If the Engineer would come up we have a couple of questions. Mr. Don Hubble, Hubble Engineering, Mr. Hubble was sworn by the City Attorney. Mayor Kingsford, the question I have or we have is that as we looked at plats the one that was distributed was different than the one you gave the City Engineer for his review. The one was distributed on the 13th and the one you gave the Engineer was dated the 18th. Could we have a clearing of the issue as to which one is correct? Hubble, tonite we are trying to present the one that was revised after we submitted the plat to the City. The one the Engineer received is the one we are presenting tonite and it does have a slightly different street arrangement than the one before. The density is the same but after working with the Highway District and looking at this ourselves we have changed the collector street SE 5th to better comply with the MERIDIAN CITY COUNCIL • • APRIL 7, 1987 PAGE # 3 layout of the balance of the property. I can show this on the plat. Mayor Kingsford, I have looked at it and most of the Councilman have seen it but it really presents a problem when we have studied one thing than on the night of the meeting we are looking at something else. There is a reason we require twenty one sets of those things and distribute them and that is so we can review them. Are there any question of Mr. Hubble by the Council? Giesler, just that the changes will be noticed in the second plan and I feel we do need it brought up tonite as to how we are going to do this and maybe have time to study it more. Mayor Kingsford, Counselor, a.legal question, can we act on some- thing different than what was presented to us? Counselor, as far as approving it I do not think you should take action to approve it or deny it , I think a lot of people are here, they can give their testimony if they are talking about other than the changes that are being made, I think we.can take that and make it a record today so those people do not have to come back if they do not want to but you probably should continue the matter and continue the Public Hearing until the Council has had a opportunity to review the requested Final Plat and also if anyone wants to come back again, they can come back to the continued hearing and we should take additional testimony. We would not need additional notice as we are continuing a duly noticed hearing you would need to continue the hearing until it was decided to bring it back before the Council. Mayor Kingsford, any other questions of Mr. Hubble or do you have any- thing further you wish to say Mr. Hubble? Hubble, this Meridian Greens #1 is a part of a larger parcel and so we have a variable boundry on the southern boundry line so the one we submitted here, our master plan then was designed to eventully tie..into another street down toward the southeast portion of the parcel. In meeting with ACHD and looking at traffic flow patterns they recommended.that SE 5th be continued further south and used as a collector so that was one of the major reasons for the modification. It is a rather slight modification at that SE corner and it did create a boundry adjustment. This was approved in 1979 or 1980 as Meridian Greens Unit #1 and at that time the overall plan for the 160 acres had approval for 830 units, which is approximately 5.2 units per acre, it did have a golf course involved in it and some multi- family housing on a portion of it, the new submittal now the overall general plan would have roughly 360 lots which is a density of 2.5 units per acre. In this Meridian Greens #1 we have 106 lots.so we have fewer lots. The orginal approval was with no sewer and water, we now have City water & sewer available and the whole subdivision will be connected to that. We believe we have a good traffic flow pattern. Mayor Kingsford, I am reluctant to offer this as a suggestion Mr. Hubble in about 1980 myself, Mr. Hosac and others had some problems about run- ing that street through Country Terrace, our Engineer at that time suggested it should be, so I supported that and spent considerable MERIDIAN CITY COUNCIL • • APRIL 7, 1987 PAGE # 4 time seeing that it did go though as planned. In visiting with our present Engineer and I am sure that a good deal of the comments involved in the large turnout here tonite is concerned about that street going through there.. The Engineer could see no reason for that going through other than it could make for better traffic flow at such time that Country Terrace might come into the City, particularly for ..emergency vehicles and being able to go from one to the other subdivision. I would like to offer this up as a proposal that maybe you consider extending SE 3rd Street on out -to Overland, which would give you more lots in the first phase and abandon that through Country Terrace. Hubble, in response to Country Terrace Way, the ACHD was in favor of having that extended the portion in Country Terrace being right -a -way at the present time as well as additional streets being extended and one of those could be in the vicinity of Calderwood , we are trying to comply with their requests. Their recommendations in the future are to extend streets both to the East & West as well as to the South. By extending Country Terrace Way we are complying with their recommend- ations, in fact as an existing right -a -way they have a preference to have that. Mayor Kingsford, I know this was a issue several years ago, I think there was some misinformation given the residents of Cbuntxy Terrace at that time it was always a dedicated right -a -way that was supposed to go through, there was some discussion that it was told to them that in fact it was going to be a golf cart easement, that was discussed at City Council and never granted. Anyone else from the Public who wishes to offer testimony? Joe Plaza, 1889 Country Terrace Way, Mr. Plaza was sworn by City Attorney. Plaza, I am representing the homeowners of Country Terrace Subdivision, I am addressing you tonite in regards to Meridian Greens #1, we as homeowners of Country Terrace are not opposed to having development in this location we are however opposed to development that will not carry the same pride of ownership or.provide for the same restrictive covenants currently in place for Country Terrace Subdivision. The objections that we want to make known are first the orginal plan did call for golf course, swimming pool , clubhouse,homes & townhouses construction was_i to be governed by the same covenants , conditions and restrictions as Country Terrace. We realize that the golf course is no longer feasible. We do believe that the same convenats, conditions & restrictions should be adherred to. The covenants we are most concerned with is that there is a minimum of 1600 square foot of living space and shake roof on each home, we also feel that density of 2.5 homes per acre is appropriate. The second concern is that the street, Country Terrace Way does not become a thru street, the additional traffic would be a deterimant to our subdivision and an increased danger to the residents. The Meridian Greens seem to have adequate access and the continuation of Country Terrace Way would not benefit.either development. Our addi tional concern is to the homeowners on Overland Road who are not a part of Country Terrace is the issue of the irrigation water. The home- owners concur and support the continued delivery of irrigation water to these homeowners. MERIDIAN CITY COUNCIL • • APRIL 7, 1987 PAGE # 5 Mayor Kingsford, anyone else from the public who wishes to offer testimony ?There was no response. I think it would be appropriate to continue the Public Hearing until the next meeting when we have the proper plats of the subdivision. The Public Hearing will be continued until the April 21, 1987 meeting. Item # 5: Covenants for Meridian Greens: The Motion was made by Tolsma and seconded by Brewer to postpone the covenants on Meridian Greens until the next meeting. Motion Carried: All Yea: Item #6: Pre -Termination Hearing, Water/Sewer/Trash Delinquencies: Mayor Kingsford, You have been informed in writing, if you choose to, you have a right to a pre -termination hearing before the Mayor & Council to appear in person to be judged on facts and defend the claim made by the City that your water, sewer & trash bill is delinquent. You may re- tain counsel. Is there anyone in the audience who wishes a pre -termina- tion hearing? There was no response. Due to their failure to pay their water bill or present any valid reason why the bill has not been paid, their water shall be turned off on April 15, 1987. In order to have their water turned back on, there will be an additional fee of $10.00. They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho Code. Even though they appeal the water will be shut off. The Motion was made by Tolsma and seconded by Giesler to approve the turnoff list as submitted. Motion Carried: All Yea: Mayor Kingsford, the amount of the turn-off list is $4,333.10: Item # 7: Approve the Bills: The Motion was made by Brewer and seconded by Myers to approve the ills. Motion Carried: All Yea: Item #8: Ordinance #474: Mayor Kingsford, an Ordinance amending Title 2, Chapter 3, Electrical Code revised and complied Ordinances of the City of Meridian, Ada County, by adoption of the 1987 National Electrical Code and additions thereto; By repealing Section 2-313, inspection Fees and re -acting said Section 2-313, inspection fees such taht inspection fees will be est- ablished by the City Electrical Inspector with the approval of the City Council and providing an effective date, Is there anyone in the audience who wishes Ordinance #474 read in its entirety? There was no response. The Motion was made by Brewer 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 #474 as read be passed and approved. MERIDIAN CITY COUNCIL • • APRIL 7, 1987 PAGE # 6 Motion Carried: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea: Item # 9: Ordinance #475: Mayor Kingsford, an Ordinance amending Title 2, Chapter 1, Building Code, of the revised and complied Ordinances of the City of Meridian, Ada County, Idaho by the repeal of Section 2-101, adoption of the Uniform Building Code and the Uniform Building Code Book of standards and by re-enactingthe same with the additions pertaining to Appendix' of the Uniform Building Code relating to covered Mall Buildings and Re- roofing and by adding a new section tou.1the Chapter to be known as Section 2-103, exception to the code, by the repeal of Section 2-105 permit required for construction or alteration and by re-enacting the same except for the schedule.of fees and providing an effective date, Is there anyone in the audience who wishes Ordinance #475 read in its entirety? There was no response. The Motion was made by Myers and seconded by Tolsma-'that the rules and provisions of 50-902 and all rules and provision requiring that Ordin- ances be read on three different days be dispensed with and that Ordin- ance Number 475 as read be passed and approved. Motion Carried: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea: Item # 10: Resolution # 111: Fee schedule for Building Permits. Mayor Kingsford, this is a Resolution setting the permit fees which are less than specified in the Uniform Building Code. The Motion was made by Myers and seconded by Tolsma to approve Resolution #111. Motion Carried; All Yea: Item #11: Resolution # 112: Fee Schedule for Electrical Permits: Mayor Kingsford, I have been advised by the Electrical Inspector that this fee schedule reflects a fair permit fee in accordance with other Cities in the area. The Motion was made by Myers and seconded by Tolsma to approve Resolut- ion # 112: Motion Carried: All Yea: Item #12: Destruction of Certain Records. Mayor Kingsford, Councilman you have recieved the request from the City Clerk to destroy some old records, this would save the moving to the new building. The Motion was made by Myers and seconded by Tolsma to approve the des- truction of the records requested in the correspondence from the City Clerk. Motion Carried: All Yea; MERIDIAN CITY COUNCIL • • APRIL 7, 1987 PAGE # 7 Item #13: Variance for Basement for New City Hall: Mayor Kingsford, the new Building Code has requirements that buildings that have basements for storage to have two accesses, the old building code did not require that, the fire and life safety code does not require this, in the new city hall we are going to have some storage and the mechanical in the basement area. I propose we have a variance to the building code that requires two accesses. The basement will be sprinkled and will not be occupied for other than storage. Myers, what do you think about this Fire Chief? Fire Chief, we have no problems with this, like the Mayor stated the fire and life safety code only requires one access. The Motion was made by Myers and seconded by Tolsma to approve a Variance for the new city hall for only one entrance into the basement of the new building. Motion Carried. All Yea: Mayor Kingsford, before we have department reports I would like to publically thank the members of the Church of Christ for their efforts over the last week in cleaning up the debris and so forth at their old church , while it was not necessarily their responsiblity, I greatly appreciate that they cleaned up the property -at their expense and did away with a real safety hazard. Department Reports. Building Inspector, you asked that I bring in this sticker that I picked up from the City of Nampa that they use on signs, I would like to have the Council approval to use this, one good thing about this sticker is it does not come off. Tolsma, can we have some clarification about the rules along East First Street that was found out? Building Inspector, the Chief of Police might say something about that, he really handled that well today. Chief Porter, I contacted the Department of Idaho Transportation today they sent a person from the right-of-way division over and we visited the establishments along East First, he spoke to them in regards to the State Code violations in regards to their signs and he told me that in two weeks the signs should be gone from the sidewalks and right -a -ways. if they are not removed I am to be in contact with them and they will post the signs and they have thirty.days to remove them or the Idaho Transportation Department will remove them. The Motion was made by Tolsma and seconded by Myers to have the Build- ing Inspector have some of the.stickers made up to apply to signs that are in violation for his use. Motion Carried: All Yea. MERIDIAN CITY COUNCIL • • APRIL 7, 1987 PAGE # 8 P & Z Chairman, Walt Morrow, I would like to bring up that at our May -A Meeting we will be starting some amendments to the Zoning & Development"` Ordinance , anything that the Mayor or Council belieives should be changed please bring these to our attention. `- Mayor Kingsford, I think the one we have discussed a certain amount is in regards to the Conditional Use Permit that maybe violates Covenants. If you have anything else please submit them to the Planning & Zoning Commission. City Attorney, just for the Council information we did collect our judgement from Mr. Amyx. Mayor Kingsford, in regard to that, I did not go over there today but continues to pile back up, what steps have we taken? City Attorney, I was waiting until they served this execution from the Sheriff, I thought this might get his attention, I do not know when that was served, but it was served on March 24, 1987 and he apparently has not done anything since the date of the execution, so maybe I should move henceforth. Mayor Kingsford and the Council concurred with this. City Engineer, the Water & Sewer extension has been completed, Western States Equipment Company has water. Mayor Kingsford, while we are on that subject it is appropriate that I discuss with the Council the preliminary contract proposal that we made with Western States. In meeting withthem last week it was discussed that just them and us will be partners in the extension project. and enter into a late -comers contract. They have at least verbally at this time agreed to be a one fifth owners in the line and commit to one fifth of the cost plus their share. -of -units in the lines. I might also say that Western States has been a very good firm to work with. Myers, as you know we had a accident on Franklin where the sewer man- hole cover came off by unknown causes, this girl ran into the hole and damaged her car. She submitted the initial claim to our Insurance Company. They looked at it and did not think there was any liability on the City's part, however because we have a $1000.00 deductible and the repairs are only going to be $500.00 they told the girl that they did not think there was any liability. She has now filed a claim against the City as required by the Tort Claims Act. I looked at the car and the repair costs were well within line, the Insurance Company does not feel we have any liability and I am not sure we have any liability. I have talked to the girl and her mother and they feel the City was at fault and they say that if we do not.pay them they are going to get an attorney and take us to court. We have three alternatives, one is to pay this claim, two isnot-.to take:.any action on this claim and three is if we let that happen and they do file suit the Insurance Company will provide defense costs not necessarily pay anything because of our deductible. I do not feel the City is at fault but we have now went to the expense to the City to redo this manhole and another one further to the west, and do not known what effect this would have if suit was filed. MERIDIAN CITY COUNCIL • • APRIL 7, 1987 Page # 9 The City Engineer advised the Council on what had been done to repair these manhole covers. Brewer, if there is any way the City could be held libel for this I think it would be to our advantage to spend the $500.00 and get it taken care of. There was more discussion on this. The Motion was made by Brewer and seconded by Giesler to authorize Council Myers to negotiate this claim in the best interest of the City and not except any liability but as* a goodwill measure and pay the amount arrived at. Motion Carried: All Yea: Brewer,. -it seem that a continous yard sale is being carried on at the property at the corner located on East First and Carlton, the City Hall has written several time on this and it has not aleviated the problem, I also believe maybe the City should pass some kind of Ordinance where yard sales can .be limited to a certain number a year. I would like the Council to authorize the City Attorney to write a letter to the owner of the property in question. The Motion was made by Brewer and seconded by Tolsma to have the City Attorney draft a letter to Mr. Jim Johnson regarding his property located at 1103 East First. Motion Carried: 3 Yea: Myers Abstained: Being no further business to come before the Council the Motion was - made by Tolsma and seconded by Myers.to adjourn at 8:25 p.m.: Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: Jac14 Niemann,/City pc• Mayor Council P & Z Commission Att , Eng, Fire, Police St art, Ward, Mitich, _Hallett, Kiebert, Valley News, Statesman ACRD, NIMD, ACC, CDH, ACZ Mail (4) File (4) OFrlCiALS JACK NIEMANN City Clark A. M. KIEBER" Treasurer BRUCE D STUART, Wate• Works Supt WAYNE G. CROONSTON, JR. ATiontey EARL WARD, Waste Water Supt. KENNY BOWERS. Fire Chief ROY PORTER, Police Chief GARY SMITH City Engineer lis .8 OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 728 Meridian Street MERIDIAN, IDAHO 83642 Phone 886.4433 GRANT P. KINGSFORD Mayor To Mayor Kingsford & City Council Members: Under Idaho Code 50-907 you need to approve by a motion to make it possible to destroy the following records: All purchase orders, vouchers, water & sewer records prior to September 30, 1981. Election records from 1967 thru 1980, all cash receipts prior to September 30, 1986 and Bond records for 1955 & 1975. This will make it possible to have more space available and eliminate having to move these old documents to the new City Hall. COUNCILMEN BILL BREWER RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER BOB SPENCER chairman Zoning & Planning CITY :I allo t s,Hnc+� svi� aria LVIV 11Vb City of Meridian • Ada County, Idaho • ORDINANCE 466 VERBAL TESTIMONY of; ­SPEAKERS at PUBLIC HEARING SING—UP SHEET EVERYONE MUST SIGN THIS SHEET IF THEY WISH TO SPEAK! PRINTED NAME SIGNED NAME n RESIDENTIAL ADDRESS TO SPEAK YES NO ' ! 940 C7(65cJ Mae, .1 v scpi4 ,Jr �!A'Zig 10181 C0✓N17zI SexACAE r p . p r 1� t i k t F k _ p I I i I p t _ I f -.,b -------- - - -- - - - - - - - - _17 - - -- - -- 31 Fry,-737,fl -- I - - - --- - -W - h -v/ :t k y 7` i Y a ` J � r >n ala r,f •y 7 X £ �:i, .> �i a • P E T I T I O N s This Petition, dated this rS-� day of April , 1987, represents 100$ of the homeowners who are current resident tenants in Country Terrace Subdivision, Ada County. This Peti- tion is given in consideration of the new preliminary plat, de- scribed as Meridian Greens, Unit No. 1, to be located South of Overland Road and East of the Overland/Meridian intersection. The undersigned, members of the Country Terrace Homeowners association, are not opposed to a housing development to be lo- cated as described above. We are, however, opposed to any devel- opment that will not imbue a sense of pride of ownership nor pro- vide for the same restrictive covenants currently in effect for our existing subdivision. The following are the objections raised against Meridian Greens, Unit No. 1: Originally, the area was to provide for a golf course, club- house, and swimming pool. Homes and townhouses constructed thereon were to be governed by the same covenants, conditions, and restrictions as Country Terrace Subdivision. As stated in the C.C. & Rs., a minimum of 1600 square feet of living space on the main living floor of all units together with shake roofs was to be inherent in each dwelling. We take exception to the pro- posed square footage of the units to be constructed and feel the minimum of 1600 square feet should be adhered to. Additionally, it is felt that a housing density of no more than 2. 5 homes per acre is appropriate. �6'b V Further, we do not want Country Terrace Way to be a "thrum street nor a main thoroughfare for traffic ingressing or egres- sing Meridian Greens Unit #1. At the time of acquisition of our building lots, all members of the Country Terrace Homeowners Association were advised that the proposed extension of Country Terrace Way would be in the form of a golf cart and/or bicycle path. Our purchase and participation in Country Terrace Sub- division was predicated upon the construction of aforesaid golf course and accouterments thereto. Of additional concern to those homeowners located on Overland Road who have been made a part of the developer's mailing but not actually part of Country Terrace Subdivision, is the issue of irrigation water rights. The undersigned homeowners concur and support the continued delivery of irrigation to these three (3) subject homes and we all feel their water rights should be guaranteed. Ar L N kM �- (9 41, f Is 7 Lj Sty 7 a ca 992% /77Y . Y- 000 /7s7 9-13547 WI / �3S �•-..�� �....� cJ g - 6563 C(o35 �oun� ��ac� Gt�uti $- 73l� e' a -S^ • (f, �L-��. � Geet - ---. 9 S- 94,44 s - $ - 96/3 8-Y321P `d -143LY Y -33Q-S- / 06.7 LOvA!%R% TfZe4C6 r•)Al /Ivo 0*;bsoa W,ay 17 4 0 Ge, 6 so Aj c.y y � 7! GNU �`� / 771f -X s� w v �o �- r• *A?ri r a?/moo 6-(a • 0 /e,77 Ae -4eAta-li 174 41?4�01 64 I)-7/UJA4 -4M t C) I it et ce /Y neo 6� - 7/f( 616-5cv-, VJ /"I/, 1-1s%4 gJA40-21 lz 16, 41( /1;7 u- 9 /;S-& 3 (all Vv w d: F EE 1'RI CTI VE COVEMAN`rS • • COLfr= TERRACE SUBDIVISION10 , Dated: June 23, 1977 Recorded: July 14, 1977 Instrument No. 7732451 The undersigned, being the owners of the property hereinafter described, hereby adopt the following protective covenants in their entirety to apply to real property to be subdivided and contained in a subdivision to be knot -in as COU14TRY TERRACE SUBDIVISION, a portion of Lot 1 of Section 19, Township 3 North, Range 1 East, Boise r1 ridian, Ada County, Idaho. COUNTRY TERRACE SUBDIVISION is divided into single Family and/or two Family (duplex) residential lots in temp] iance with the local and state regulations :!ju] laws. The foll owing : c ovoiants shall run -with the land and be in -force- and effect for thirty (30) years hereafter unless sooner terminated by agreement of the cyin-►ers of seventy-five percent (75%) of the land in the subdivision and are* . as follows, to -wit: (1) No building, fence, wall, structure, improvement or obstruction shall be placed or permitted to renain upon any part of said property unless a written request for al}ryroval t1it-reof containing the plans and spec.?fications therefor, including exterior color scheme, has been approved in writing by a majority of the Architectural Comn;.'ttee or by its representative designated by a majority of the Conenittee. The %=nproval of the Committee shall not be unreasonably. withheld if the said plans and specifications are for improvements which are similar in general desiLm and quality, and generally in hannony with the dwellings then located on said property. Variances in building set -hack requirements shown on plat may be given by .the architectural committee upon proper showing and so long as the county oniinances on setbacks are met. The ground floor area of a one story house in this subdivision shall not be less than 16000 square feet, the ground floor area of a split-level house in this subdivision shall not be less thari 900 square feet; the ground'floor=area,of� a split entry or a two-story house in this subdivision shall not be less, than )100 feet. All two family (duplex) buildings shall. be not less. than 900 square feet per individual dwelling unit, or not less than 2000 square feet for entire building. All areas requirarients shall be exclusiveof the garage area and shall be well constructed of good -quality material and workmanship. For the purpose 'of covenant, eaves, steps, and open porches shall not be construed to permit any portion of a building, on a lot to enroach upon anyother lot. No residence shall be in excess of two stories. All buildings shall be provided with shake roofs. The value of any residence in the subdivision shall exceed $50,000.00 in value including the value of the land and improvements thereon, based on June, 1977 values. =Page 2 Instrument No. 7732451 Fences shall not extend closer to any street than 20 feet without express approval of the Architectuml Committee, and shall be of good quality and workmanship and shall be properly finished and maintained. The location of fences, hedges, high plantings, obstructions or barriers shall be so situated as not to unreasonably interfere with the enjoyment and use of neighboring properties and streets and shall not be allowed to constitute an undesirable or noxious or nuisance use. The determination of the Architectural Comnitee shall be binding on all parties as to whether, an undesirable, noxious or nuisance use exists. At least fifteen (15) days prior to any construction being commenced, two sets of plans and specifications shall be submitted to the Oomnittee--one set shall be dated and receipt acknowledged by the Chairman of the Committee. and retumed immediately to the owner. (2) No building shall be located on any lot nearer to the front lot line or nearer to the side and rear lot lines thane, the minimum building setback distances as set forth in the Ada County Zoning Ordinance, however in any event no building shall be located on any lot nearer than Twenty,Five (25) feet fran the front lot line and Fifteen feet' from the rear line nor nearer than five (5 ) feet per story to any side line. (3) Construction of any residences on the subdivision shall be diligently pursued after commencement thereof, to be completed within one (1) years, including landscaping. Each house shall have at least one ornam6ntal tree of at least 8 feet in height in the front yard. (4) No building shall be moved onto the above premises. (5) No shack, tent, trailer house, or basement only, shall be used within , this subdivision for living quarters, permanent or.temporary. (6) Nothing or an offensive, dangerous , odorous , or noisy kind; shall be conducted or carried on nor shall anything be done or permitted in said sub- , division which may be or became an annoyance or nuisance to the other property owners'in saidsubdivision. Weeds shall be kep't cut to less than 4 inches high. (7) Keeping or raising of farm animals or poultry shall be prhoibited. All dogs and cats or household pets kept on these premises, shall be properly fed and cared for and shall be adequately fenced so as not to annoy or trespass upon the use of the property of others. Dogs shall not be allowed to run at large. Not more than two dogs and or cats or other pets may be kept at one time, e7cept that a litter of.youngmay be kept until 8 weeks old. No business shall be conducted on the above property that cannot be am-. ducted within the residence of the owner. No signs shall be installed to advertise said business. No oil exploration or development of any nature or kind of mining exploration, development shall be permuted upon the lots in this subdivision. Page 3 Instrument No. 7732451 (8) Only one outbuilding per lot will be allowed. All outbuildings shall be constructed of good quality building materjals completely finished and painted on the outside and shall be of good quality and character that will be in harmony with the other building on said property and must be approved by the Architectural Committee. (9) No building or structure shall be placed on said property so as to obstruct the windows or light of any adjoining property owner in said subdivision. (10) Easements for installation and maintenance of utilities and drainage facilities are reserved, as shown on the recorded plat of said subdivision over the areas indicated on said plat. Within these easements no structure, planting or other material shall be placed or permitt'd to remain which may damage or interfere with the: installation : and maintenance of -the- -utilities - or which may change the direction of flow of water through drainage channels in the ease- ments. The easement area of each lot and improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which.a public authority or utility is responsible. (11) The grantors are under no obligat'bn to delivery irrigation water or to furnish rights-of-way in connection with e deliver of irrigation water to any lot or building site in this subdivision. (12) All bathroom, sink and toilet facilities shall be located inside the dwelling house or other suitable appurtenant building, and shall be connected by underground pipe with a private septic tank planed at a depth and made of ' a type construction approved by the Ada Cbunt7 Central District Health Depardnent ' and the State of Idaho Health authorities ori. public sewer when available. Drainage from said septic tank shall be ept within the building limits of each building site. Approval of all sewag 'sposal systems installed shall be obtained from the City-Cbunty Health Department and the Grantor shall have ' no obligation to construct any sewer or provide any connection thereto. 'All ' septic tanks shall be located on the street side of each dwelling unless otherwise ' directed by the Health Department. ;. ,�;:� �n Igo -►"` .. �.'��, :. •.�... � . .la ti''b15'h. 1*9c y �t., rya � (13) No sign of any kind shall be displayed to public view on any building or building site on said property except on professional sign of not more than ' five square feet advertising the property for sale or rent, or signs ' used by the developer to advertise the property during the construction and ' sales period. If a property is sold or rent , any sign relating thereto shall be moved immediately, except that the Declar t or its agent may post a ' "Sold" sign for a reasonable period following a sale. (14) No lot or building site included within this -subdivision shall be used or maintained as a dumping ground for waste material. Incinerators are not permitted. Receptacles for storage of trash garbage, etc. shall be maintained a in a sanitary and clean condition. •:..r.t7CFa'IyL it�4C73N!.�nI F�SOY.%7f�fJRa. ISL P& Y�R'A Page 4 Instrwnent No. 7732451 Parking of boats, trailers, motorcyles, trucks, track -campers and like equipment, or junk cars or other unsightly vehicles, shall not be allowed on any part of said property nor on public ways adjacent thereto excepting only within the confines of an enclosed,garage, or other approved enclosure, and no portion of same may project beyond the enclosed area. Parking of auto- mobiles or other vehicles on any part of the Iproperty shall be prohibited except within garages, carports, or other approved areas. The Architectural Committee shall be the sole and exclusive judges of approved parking areas. Their decision shall be final and binding. No machinery, building equipment or mate" al shall be stored upon site until the Grantee is ready and able to comm:: the construction with respect . to such building upon which such building mat, ial shall be placed within the property line of such building site upon .which the structure is to .be erected. (15) Installation of radio and/or televlhe sion antennae is prohibited outside any building without written permission from Architectural Committee. (16) These covenants shall run with the land and shall be binding on all persons owning under them for a period of thirty (30) years from the date of the recording hereof, after which time such'venants shall be automatically ' extended for successive periods of ten (10) y ars, unless at any time after the initial recording of this instrument, an instrument signed by the owners of 75% of the land of the subdivision has been recorded agreeing to change or terminate said covenants in whole or in part. ' (17) Enforcement against any person or persons violating or attempting to violate any covenant herein after ten (10) days notice thereof in writing served on the offending party, shall be had by any property owners within said subdivision either at law or equity. In the event of a judgment against any person for such violation, the Court may 'ward injunction against any Any owner, or the owner of an recorded rt e property, shall have the right to any b an gpr uponany law or in part of d � Y Y Pr'�e� ' equity, all restrictions, conditions, convene -pts, reservations, liens and charges now or hereafter imposed by the Prov ions of this Declaration. Failure by any owner to enforce any covenantor restrictions herein`, contained shall in no event be deemed a waiver of the right to do so, thereafter. ' (18) A committee of three persons shall act as an architectural design committee and shall, prior to any new constru ion in said subdivision, be furnished with detailed plans of any proposed building to be located in said subdivision and shall be allowed fifteen days to review said plans, drawings, and specifications. If said Committee shall approve of the proposed building, °or any modification or alteration thereof, they shall so indicate and their approval shall be construed as full compliance with the provisions of Para- graph (1) of the original Covenants, Said ccuruttee.shalL have sole descretion to determine what shall be substantial compl.ienee with said Covenants. No buildings what shall be substantial compliance, with said Covenants. No buildings shall occupy any portion of said subdivision without theior' of said carunittee. Pr' approval J • � • Page 5 1 Instrument No. 7732451 1 " 1 The committee shall consist of the following.- Chet ollowing:Chet W. Hosac 3970 East Chind Boulevard Meridian, Idaho 83642 1 Lorraine M Hosac 3970 East Chinden Boulevard Meridian, Idaho 83642 Steven W. Hosac 4809 Arden Way Carmichael, California 95608 • Stanley J. Hosac 8432 Fairview Avenue Boise, Idaho 83704 A majority of said committee is empowered to act for the committee. In the event any member of the committee is unable lto act or fails or desires not to act, the remaining committee members shall appoint an owner of a lot in said subdivision to serve on said comnittee, all of whom will serve without com- pensation. (19) Additional Easements: In addition to easements shown on the recorded -- plat, an easement is further-reserved`5--fee each side of all other lot lines for installation and maintenance of utiliti s, irrigation and drainage. Within all easements no structures, other than fen s, may be placed or permitted to remain. The areas may be planted and lands ped but may not be obstructed or altered to interrupt the flow of water ainage through the easements. Said easements shall be maintained by the 1 t owner, except where.a public authority or utility company is responsible (20) At such time as the dry line sewers are made operational by connection to sanitary system collection trunks said household facilities shall within -nine (9) months be connected thereto, and owner hereby agrees to pay the City of Meridian all applicable connection fees and monthly service charges as prescribed by Meridian City ordiances. (21) Invalidation of any one of theseoovenants shall in no wise affect any of the other provisions which shall remain �n full force and effect. , (22) A Homeowners Association shallb duly formed by the current. Grantees. 'chis association in the form of allon-Profit Water Corporation, will be for the purpose of owning, maintaining, and operating a well and water distribution system for the subdivision. Membership in this Homeowners Association shall be mandatory and continuous by all current and future Grantees, which Association shall be ded- icated to the welfare of all Grantees in the COUNTRY- TERRACE SUBDIVISION,'��`_ /s/ Chet W. Hosac /s/ Lorraine M. Hosac /s/ Steven W. Hosac /s/ Stanley J. Hosac •, r �2C� y�.'._"r �r �•!nt. ��vo�._ s}ri'�e" i,?x�.i[ -atr� �"xk'-'�L`'� ZtF�T."�F,�'s3�� `�i"3,�eJ'�C�i b�.'��-�U'�'�`�"""'T - - y - - — --- -- - - - - _ - --- __ -=-= ----- - ---- r q A - 7S-6 WCZ - - -- - -31 7.7 <- a8 _ s- f - F n - !0- - -- --- - - tLO 7 - �� .� � JF,�."�^'S'�"`..` .,ou"F• �,t r `�^ h T.c�yr��k'ofF�{t�dr 4 ' st. � •� I ell, ? ' oa ". �O ra cZ, - � �} � T ✓' >• _ "� to y _ '� -1 _ ' � Y -•III � s a � 3 .t •x �, a �. 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S ,.• ._ _ "z' <'j .. .. _ 44- VALUATION • EXHIBIT "A" t'. I iy OF MERIDIAN BUILbING PERMIT FEES PERMIT FEE 100-500 13.00 501-600 14.50 601-700 16.00 701-800 17.50 801-900 18.00 901-1,000 20.50 1,001-1,100 22.00 1,101-1,200 23.50 1,201-1,300 25.00 1,301-1,400 26.50 1,401-1,500 28.00 1,501-1,600 29.50 1,601-1,700 31.00 19701-1,800 32.50 1,801-1,900 34.00 1,901-2,000 35.50 2,001-3,000 41,50 3,001-4,000 47.50 4,001-5,000 53.50 5,001-61000 59.50 6,001-7,000 65,50 7,001-8,000 71.50 8,001-9,000 77.50 9,001-10,000 85.00 10,001-11,000 89.50 11,0b1-12,000 95.50 12,001-13,000 101.50 13,001-14,000 107.50 14,001-15,000 113.50 15,901-16,000 119.50 16'1'001-17,000 125.50 17,00:1-18,000 131.50 18,001-19,000 137.50 19,Opl-20,000 143.50 20,001-21,000 •149.50 21,001-22,000 155.50 221001-23,000 161,50 23,001-24,000 167.50 24,001-25,000 173.50 25,001-26,000 178.00 26,001r27,000 182.50 27,001-28,000 187.50 28,001-29,000 191.50 29,001-30,000 196.00 30,001-31,000 200.50 31,001-32,000 205.00 32,001-33,000 209.50 33,001-34,000 214.00 34,001-35,000 218,00 35 001-36,000 223,00 -9Y .s--y-AnA 1)-b17 c I- • VALUATION PERMIT FEE 44,001-45,000 263.50 45,001-46,000 268.00 46,001-47,000 272.50 47,001-48,000 277.00 48,001-49,000 281.50 49;001-50,000 286.00 50,001-51,008 289.00 51,001-52,000 292.00 52,001-53,000 29.5.00 53,001-54,000 298.00 54,001-55,000 301.00 55,001-56,000 304.00 56,001-57,000 307.00 57,001-58,000 310.00 58,001-59,000 313.00 59,001-60,000 316.00 60,001-61,000 319.00 61,001-62,000 322.00 62,001-63,000 325.00 63,001-64,000 328.00 64,001,65,000 331.00 65,001-66,000 336.00 6631001-67,000 339.00 67,001-68,000 342.00 68,001-69,000 345.00 69,001-10,000 348.00 70,001-71,000 351.00 711,001-729000 354.00 721001-73,000 357.00 73,00174,000 360.00 741001-75,000 363.00 75,001-76,000 366,00 76,001-77,000 369.00 77,001-78,000 372.00 78,001-79,000 375.00 79,001-80,000 380.00 80.001&1,000 384.00- 81,001-82,000 388.00 82..001-83,000 392.00 83, 00184_, 000 396.00 84,001-85,000 400.00 85,001-86,000. 404.00 86,001-87,000 408.00 87,001-88,000 416.00 88,001-89,000 420.00 89;001-90,000 424.00 909001-91,000 428.00 91,001-92,000 432.00 92,001-93,000 436.00 93,001-94,000 440.00 a&_ onn1-_-o 4, nod - -L 4,& _ n(1 rn th C H C•1 H H }0 tai ra H to t� d to to v • 4P.,W Z w w w$$ W c) E cn :-r9 %.4W W F o r is Pi�a-rt z Om 0 � wwW.a o rt WH H O rt AN yo F O A• '�..� m A• vii (M (M I j C)t ;� C17 h-' '•Hd i H 'P> rt t° H CJ' m w N O n •• I H m W O 0 07 m C w n N C)19 I -t 10 rt w 0 001140m p, v- " I -i w w r� m H o cn O n P) 1-� ::r rt m Pa nm�w� bd • .. 0 rt m bm0rt0wctW w 0 rt a w :j P) b a w w O' ti P) Pi m tzj 14 H. m In rt H rtm WN WF-' rh W 0' rt N r-' rt ft rtW wor-a0 J•h x w W m O C W P)O 1-+ ti W:j n H N p rn H W m m 0w K o n n I -h W w o W 0Ir-'u�iww w H C m m !v 0 mr- WmamWa a W w H W K w ctJ-h rh H r• 0 W z n P. ~�aq rt m G� m m m� cwt awwwo. 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C w Oa w rt Fl- E rtP'� m � M n co W :3 H P1 rt Pt OQ t -'-n 00 w Ww�li p rt rt m m w w m anon P) 0 rt� � mm rt o n w a� M M c'j H 1-4 -ro H M m TA ci CdC t� tz1 w w_ oa 'd w m m m co w W19 G mm rot m E rA a m w m m� n Q. • ww "o CD m O wC rt m O rw • n gm . mo • nm rt • w n • W m a rt 0 w A mm O w tri m (n H ti K m H P) rt ro p.. ct� H 0 ov o4 oa o p. 0 b r f1 K w rt H n_ n 0 Nb G r W p w w w CCD r p, m rt rt rt o nE k4�' G C C C ]-q :r W E n H K 0 mrt K b w -va to r' m Ci0 =� Fn oho �• w r 0 0 M m w rrA w ��+ 0 0 0 rt 0 m m w rt rt r -d r rt m r w 0 0 pi rt 0 rr rt n rt rt lb zm 0 w a aq m m CL Cr w lb lbm 0 rmr�� m m w p. C 9A. CL F-4 rt w � oda ado 00 rt rt lb m O r r ut frit Hm O O rt %A t O O O b -M0 O O r.. m r w in r o•o 0 m o . n oa rt O w pt O t•i O M v n O oo •oa � t -n w o n r v r P• r m mw an O w r'• J -h rt •i 10 rt H r m 0 ss cr w a rt rt o 0 W r o to po m rt t; r r G O O w rt V r N 0-4 a rt o t ft OQ m m m m rt n � rt rt ty bm �v v 14 P) r� v lb lb lb W W 9 E 0 O O G m m m mm o w w ct rt o OQ OQ CA rt n n o O CA w •s rt rt w w_ oa 'd w m m m co w W19 G mm rot m E rA a m w m m� n Q. • ww "o CD m O wC rt m O rw • n gm . mo • nm rt • w n • W m a rt 0 w A OFFICIALS JACK NIEMANN City Clerk A. M. KIEBERT, Treasurer BRUCE D STUART, Water WJrke Supt. WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Chief ROY PORTER, Police Chief GARY SMITH, City Engineer ::1 H - 'B OF TREASURE VALLEY' a CITY 4 ""ond Place to Live OF MERIDIAN 728 Meridian Street MERIDIAN, IDAHO 83642 Phone 8884333 GRANT P. KINGSFORD Mayor To Mayor Kingsford & City Council Members: Under Idaho Code 50-907 you need to approve by a motion to make it possible to destroy the following records: All purchase orders, vouchers, water & sewer records prior to September 30, 1981. Election records from 1967 thru 1980, all cash receipts prior to September 30, 1986 and Bond records for 1955 & 1975. This will make it possible to have more space available and eliminate having to move these old documents to the new City Hall. COUNCILMEN BILL BREWER RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER BOB SPENCER Chalmwn Zoning A Planning AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 838012 Telephone 8884481 • • ORDINANCE No AN ORDINANCE AMENDING TITLE 2, CHAPTER 3, ELECTRICAL CODE, REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, ADA COUNTY, BY THE ADOPTION OF THE 1987 NATIONAL ELECTRIC CODE AND ADDITIONS THERETO; BY REPEALING SECTION 2-313, INSPECTION FEES AND RE-ENACTING SAID SECTION 2-313, INSPECTION FEES SUCH THAT INSPECTION FEES WILL BE ESTABLISHED BY THE CITY ELECTRICAL INSPECTOR WITH THE APPROVAL OF THE CITY COUNCIL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian have concluded that it is in the best interest of said City to amend Title 21 Chapter 3, Electrical Code of the Revised and Compiled Ordinances of the City of Meridian, Ada County, and adopt by reference the 1987 National Electrical Code and change the procedure for the adoption of inspection fees, which shall be effective upon approval hereof, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That the first paragraph of Section 2-301, NATIONAL ELECTRIC CODE ADOPTED, is hereby repealed. SECTION 2: That the first paragraph of Section 2-301, NATIONAL ELECTRIC CODE ADOPTED, is hereby re-enacted and shall read as follows: NATIONAL ELECTRIC CODE ADOPTED: The National Electrical Code of 1987 is hereby adopted with the below -stated additions, which AMBROSE, FITZGERALD &CROOKSTON Attomeye end Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 868.4481 1 • • additions, if in conflict with the National Electrical Code, shall overrule said Code. SECTION 3: That there is hereby added to Section 2-301 an addition exception to the National Electric Code which shall be known as Section 2-301(I), Street Lighting Waiver --Photo Electric Cell Required, and shall read as follows: That in the event street lighting requirements are wavied in the case of an R-4 single-family dwelling development or subdivision, the developer and lot owner shall be responsible for ensuring that there is a yard light installed in the front yard of each house in said development; that the yard light shall be controlled by a photo -electric cell which causes the yard light to come on and shut off automatically and said yard light shall be electrically wired directly to the residence's electrical breaker panal and comply with the National Electrical Code. SECTION 4: That Section 2-313, INSPECTION FEES, is hereby repealed. SECTION 5: That Section 2-313, INSPECTION FEES, is hereby re-enacted and shall read as follows: 2-313: INSPECTION FEES: Before any inspection is undertaken, the applicant shall pay to the City Clerk an inspection fee as established by the City Electrical Inspector and approved by the City Council by Resolution which inspection fee, or schedule thereof, shall be available at the City Clerks office during regular business hours. SECTION 6: WHEREAS, there is an emergency therefor, which emergency is declared to exist, this Ordinance shall take effect and be in full force and effect 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 %h day of rf , 1987. ATTEST: AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 APPROVED: A�m ��� OR, GRANT f. KINISFORD AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone 88&4481 • ORDINANCE NO. AN ORDINANCE AMENDING TITLE 2, CHAPTER 1, BUILDING CODE, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, BY THE REPEAL OF SECTION 2-1011 ADOPTION OF UNIFORM BUILDING CODE AND THE UNIFORM BUILDING CODE BOOR OF STANDARDS AND BY RE-ENACTING THE SAME WITH ADDITIONS PERTAINING TO APPENDIX' OF THE UNIFORM BUILDING CODE RELATING TO COVERED MALL BUILDINGS AND RE -ROOFING; AND BY ADDING A NEW SECTION TO THE CHAPTER TO BE KNOWN AS SECTION 2-103, EXCEPTION TO CODE; BY THE REPEAL OF SECTION 2-105, PERMIT REQUIRED FOR CONSTRUCTION OR ALTERATION AND BY RE-ENACTING THE SAME EXCEPT FOR THE SCHEDULE OF FEES; 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 the City to add provisions relating to Covered Mall Buildings and Re -Roofing and to change the basis of charging inspection fees by making exceptions to the inspection fees contained in the Uniform Building Code, Title 2, Chapter 1, Building Code of the Revised and Compiled Ordinances of the City of Meridian, Ada County, which changes shall be effective upon approval hereof. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR OF THE CITY OF MERIDIAN, AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, SECTION 1: That Section 2-101, ADOPTION OF THE UNIFORM AMBROSE, FITZGERALD &CROOKSTON Attorneys and Couneelore P.O. Box 427 Meridian, Idaho 83802 Telephone 889-4481 BUILDING CODE AND THE UNIFORM BUILDING CODE BOOK OF STANDARDS, is hereby repealed. SECTION 2: That Section 2-101, ADOPTION OF THE UNIFORM BUILDING CODE AND THE UNIFORM BUILDING CODE BOOK OF STANDARDS, is hereby re-enacted and shall read as follows: 2-101: ADOPTION OF THE UNIFORM CODE AND THE UNIFORM BUILDING CODE BOOK OF STANDARDS: There is hereby adopted by the City for the purposes of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, that certain building code known as the Uniform Building Code, 1985 Edition and Appendix 7, Covered Mall Buildings and Appendix 32, Re -Roofing of the Uniform Building Code, of which not less than three (3) copies have been and now are filed in the office of the City Clerk, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this Section shall take effect, the provisions thereof shall be controlling over the construction of all buildings and other structures therein contained within the corporate limits of the City. There is also hereby adopted the Uniform Building Code Book of Standards, three (3) copies of which have been and now are filed in the office of the City Clerk; provided, however, that the following exceptions shall apply to the Uniform Building Code Book of Standards: Regardless of the provisions of the Uniform Building Code AMBROSE, FITZGERALD &CROOKSTON Attorneys and Couneelore P.O. Box 427 Meridian, Idaho 63842 Telephone 886-4481 Book of Standards, the City shall not allow gravel to be used for foundations in the construction of any building within the City, and regardless of any of the provisions of the Uniform Building Code, particularly footings, section 2907(a) General, or of the Uniform Building Code book of Standards, the City shall not allow wood, treated or otherwise, to be used for footings or foundations. SECTION 3: That Section 2-103, EXCEPTION TO CODE, is hereby added to Title 2, Chapter 1, Building Code, which shall read as follows: 2-103: EXCEPTION TO CODE: That the Table No. 3 -A --Building Permit Fees, contained in Chapter 3, Permits and Inspections, of the Uniform Building Code, shall not be used or followed but the fees set forth in each category in said table shall be established by the City Building Inspector and approved by Resolution of the City Council; provided, however, the fees established by the City Building Inspector and approved by Resolution of the City Council shall not be greater than those contained in Table No. 3-A. SECTION 4: That Section 2-105, PERMITS REQUIRED FOR CONSTRUCTION OR ALTERATION, is hereby repealed. SECTION 5: That Section 2-105, PERMITS REQUIRED FOR CONSTRUCTION OR ALTERATION, is hereby re-enacted and shall read as follows: 2-105: PERMIT REQUIRED FOR CONSTRUCTION OR ALTERATION: It AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridien, Idaho &9802 Telephone 8884481 (0 10 shall be unlawful for any person, firm or corporation to commence construction upon any building, or the installation of any prefabricated home, installation or transfer of any mobile home or house trailer used as living quarters, without first securing a building permit from the City Council and any person desiring to obtain such permit shall file with the City Clerk, addressed to the City Council, a petition describing fully the building and premises whereon such construction is proposed, the materials to be used and specification thereof. A fee shall be charged for every permit issued under this Chapter in accordance with a schedule of Permit Fees as established by Resolution of the City Council. The City Inspector shall have the right to enter on the premises where any building is being constructed for the purpose of inspecting the same to ascertain that it is in conformance with the Uniform Building Code as set forth in Section 2-101. SECTION 6: EFFECTIVE DATE: This Ordinance shall take effect and be in force and effect from and after its passage, approval and publication as required by law. PASSED by the C,tty Council and Aapproved by the Mayor of the City of Meridian, Ada County, Idaho, this 2t— day of A j2rl 1987. ATTEST: JACK NIEMANN APPROVED: MAYOR, GRANT IN SFORD