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HomeMy WebLinkAboutCatherine Park SubdivisionDecember 7, 1984 ADMINISTRATIVE OFFICE Jack Neihman, City Clerk City of Meridian Meridian, ID 83642 Re: Kathryn Park Subdivison Dear Jack: Mrs. Stutzman has asked our support in attempting to have Mr. Thomas Marks quitclaim to her that approximate 40 by 120 foot piece of ground which evidently is needed for completion of Kathryn Park Subdivison. This parcel of ground was orginally owned by Ada County Highway District as a right of way for the extension of East State and when requested of the Highway Department by Mr. Marks to alter their plans and deadend East State by way of a cul de sac, the Highway department deeded the property back to Thomas Marks. This property has never been owned nor encumbered by Idaho First National Bank however, we are pleased to help Mrs. Stutzman try to get Mr. Marks to deed this property to her as we have an interest in completion of this subdivison through our loan at the Nampa Main Office. As I see the situation now, Mrs. Thomas Marks has quitclaimed her interest in the property back to Mrs. Stutzman. However, Mr. Marks has not done soy et and my communication to him so far to date has been ignored. Sincerely, John D. Martin Senior Special Credits Officer Special Credits #5016 JDM/lg THE IDAHO FIRST NATIONAL BANK • P.O. BOX 8247 • BOISE, IDAHO 83733 AFFILIATE OF MCOORE FINANCIAL GROUP @r` 8 f r 4.»4' "meq "#Y t'?% firs„ i'i?VFr+Eyty iii a r' f is • • TOOTHMAN-ORTON ENGINEERING COMPANY DAVIS C. TOOTHMAN CONSULTING ENGINEERS AND PLANNERS PAULS.KUNZ RICHARD F. ORTON, JR. 1802 NORTH 33RD STREET DON Q. PAYNE BOISE, IDAHO 83703 TELEPHONE (208) 342-5511 Mr. Jack Nieman City of Meridian 728 Meridian Street Meridian, ID 83642 Dear Jack: Re: Catherine Park Subdivision November 27, 1984 File: 401-8420 Enclosed are three sets of the revised record drawings of the water and sewer system for Catherine Park Subdivision. These drawings should replace those sent to Gary Smith in a letter from Stan McHutchison - Tudor Engineer- ing Company - dated October 31, 1984. If there are any questions, do not hesitate to call. Very truly yours, TOOTHMAN-ORTON ENGINEERING COMPANY Paul S. Kunz, P.E. PSK/bi enclosures CC: Monty Marchus w/2 enclosures Kr J 1 Kl l '1 1 V h l �i'v LIVEi1u l J - Date: November 5, 1984 Recorded: The undersigned, being the owners of the property hereinafter described, adopt the following covenants to apply to the CATHERINE PARK SUBDIVISION, Meridian, Idaho. CATHERINE PARK SUBDIVISION is divided into single family residential lots in compliance with local and state regulations and laws. (1) The ground floor living area of a one story house in this subdivision shall be as per City of Meridian ordinances. No residence shall be in excess of two stories. Structures shall be conventional, on-site construction. Fences shall be of good quality and workmanship and shall be properly finished and maintained. The location of fences, hedges, high plantings, etc. shall be so situated as not to unreasonably interfere with the enjoyment and use of neighboring properties and streets. (2) No building shall be located on any lot nearer to the front lot line or nearer to the side and rear lot lines than the minimum building setback distances as set forth by the City of Meridian for special setback requirements for Catherine Park Subdivision. No building shall be located on any lot nearer than ten (10) feet from the front lot line, and forty-five (45) feet from the rear line, five (5) feet to any interior side line, and ten (10) feet from the side street lot line. (3) Nothing of an offensive, dangerous, odorous, or noisy kind shall be con- ducted or carried on nor shall anything be done or permitted in said subdivision which may be or become an annoyance or nuisance to the other property owners. Weeds shall be kept cut to less than 4 inches high. (4) Keeping or raising farm animals or poultry shall be prohibited. All dogs and cats or other household pets shall be properly fed and cared for and shall be adequately fenced so at not to annoy or trespass upon the property of others. Dogs shall not be allowed to run at large. No business shall be conducted on the above property that cannot be conducted within the residence of the owner. No signs shall be installed to advertise said business. No oil or gas exploration or development shall be permitted. (5) Only one outbuilding per lot will be allowed. All outbuildings shall be constructed of good quality building material, completely finished and painted in harmony with the other building on said property. (6) Easements for installation and maintenance of utilities and drainage facilities are reserved, as shown on the recorded plat. Within these easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installment and maintenance of the utilities, or which may change the direction of flow of water through drainage channels in the easements. The easement area of each lot and all the improvements in it shall be maintained by the owner of the lot, except for those improvements for which a public author- ity or utility is responsible. (7) The grantors are under no obligation to deliver irrigation water or to furnish rights-of-way in connection with the delivery of irrigation water to any lot or building site in this subdivision. (8) All bathroom facilities shall be located inside the building, connected to the Meridian sewer and water systems. Construction shall be of a type approved by the City, Ada County Central District Health Department and the State of Idaho Health authorities. (9) No sign of any kind shall be desplayed except to advertise the property for sale or rent said sign being removed upon completion of the same business transaction. (10) No building lot shall be used as a dumping ground for waste material. Incinerators are not permitted. Reciptacles for storage of trash shall be maintained in a clean condition. Parking of junk cars or unused vehicles shall not be allowed on any part of said property nor on any public street adjacent to said property. Owners automobiles and other vehicles shall be parked within garages or parking areas on the property. Such vehicles may not at any time obstruct the use of any street, either public or private, adjacent to said property. (11) These covenants shall run with the land and be binding on all persons owning a lot within the subdivision for a period of thirty (30) years from date of recording, after which time covenants shall be automatically extended for successive periods of ten (10) years, unless at any time after the initial recording_ of this instrument, an instrument signed by owners of not less than seventy-five (75%) of the lots in the subdivision has been recorded agreeing to change or terminate said covenants in whole or in part. (12) Enforcement against any person violating_ any covenant herein shall be had by any property owners within the subdivision either by law or equity after ten (10) days written notice. In the event of a judgment against any person or persons for such violation, the Court may award an injunction against any owner and/or the bolder of any recorded mortgage upon any part of said property, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, covenants, reservations, liens and charges now or here- after imposed by the provisions of this Declaration. Failure to enforce any covenant or restrictions shall in no event be deemed a waiver of the right to do so hereafter. (13) Additional Easements: In addition to easements shown on the recorded plat, an easement is further reserved 5 feet each side of all lot lines for installment of utilities, irrigation and drainage. Within all such easements no structures, other than fences, may be pieced or permitted to remain. The areas may be planted and landscaped but may not be obstructed or altered to inte'rupt the flow of drainage water through the easements. Said easements shall be maintained by lot owners except where a public utility is responsible. (14) All owners hereby agree to pay the City and monthly service charges for water, sewer, t° (15) Invalidation of any single provision of of the pther provisions which shall remain in of Meridian all applicable connection fees and refuse pick-up. these covenants shall in no way affect any full force and effect. (16) A homeowners association shall be formed by the current grantees. This association will be for the purpose of owning_ and maintaining the private road and on-site drainaee or irrie_ation works which may be necessary to convey drainage and/or irrigation water throueh the subdivision for the enjoyment of adjacent properties. Property owners will be assessed for their share of costs. Until such Hemeowners Association is formed, the current grantees shall be under_= stood to be the active body to perform all duties covered by these covenants, these grantees being the undersigned. A Curtis Dietz 304 Elder Nampa, Idaho 83651 DiArlene Y. StutOan 1960 E. Franklin Rd'. Meridia o8 42 j, A, OA 100.41 7� % i"'R MNA �4o;,V ty' a ! T4 T 7., I`X tgar. �'Aand in tbo'.Wk W) Oct On 7, T.� A*Y loam, mon 'Partiftlarly describeA 40 i 7 7'. At, -,q, k 'q �j, "_. I- t nt"at' the con.tertim of V -Pw -v MWI M �6f the Cottage, HOM� Aftiti,=, t0i in the O"OMMI a" the ,off Low plat there *- on f ize" In Don -so, Ida", which po�*t bears: N. ' a brass cap tarking,the Intersection of. rr •3tti66t"end Bast State street and *-'so bear& vorth" 336. S c* M=XUM ';the donto r of- section '7 MOOR 290.M 4aonq the easterly boundary line,of a d AW via -69 39.� 440ftj 2*.QO feet to a stool pin; thence LOX to 'Kae centerline ®g East state stseft Ao a aI" in an the westerly bank of pi jo t 3g' tto 0 00 Eo along said bank, 75.92 tto 8NW09 w. or, a line parallel�-, A 'to". Con 14'45t State Ots"t projected 2"066 feet to a stem ft, -the l@30ftrly boundary oil said Cottvqo How Addition; 'S,90, .NK TOV'th ial" said boundary, 30.00 feet to the point; o:1 beg Sak44', t of IwA contains 0*2496 acres or 10,875 wpam feet, eat loan, Wlblsct:tO easements of recon or in use. qN­ in consideration of the sum of one dollar R TM=MPZ Rl�.11411M, ($1-00) :1;1 fk wev _3Rl4wf X MOMY d the United Stfts and other good and valuable con- DSderatMW, In hand pWA5, the receipt for which is hereby ackAw-_ott Ai lodged, the undersigned, PAIM A. STUZKAN and DIARLMM Y. 3TUZMX, y do hereby give and grant to the PUBLIC and the CITY OF MSRXDIM, pub ,a 4its successors, and align® forever. The grantee shall at all times have full and free access to Ithe right of way through its agents, servants and employees, to and across the above described lands of the grantors for all pur- poSOS FITIGgRALD a 1 r �t �, } r 't�' 1 �45�i : � t �� x• � i L rcr° ut �Y � d `1: fin' f IvT+ i This easement and the considerations'F " paid thereunder are agreed by the undersigned grantors to be.in full settlemelt of Y , all damages which in an way or manner may be sustained, except'. g Y Y Y as herein specifically stated. DATED This day of , 1971. » h STATE OF IDAHO SS. I' County of Ada On this day of a 1971, before me, the undersigned, '. a Notary Public in and for said state, pers3nally appeared PAUL A. STUZMAN and D'ARLENE Y. STUZMAN, husband and wife, know] to me to be the persons who executed the foregoinq instrument and,acknow- ledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yvar in this certificate first above (SAL) 50 ° taay u ViLc tor o Residenc : Meridian, Idaho fa 5 HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS LAWANA L. NIEMANN, City Clerk CITY F E IDIS f�LIACOUNCILMEN A. M. KIEBERT, Treasurer GRANT P. KINGSFORD RICHARD D. NICHOLS, Chief of Police 728 Meridian Street BILL BREWER BRUCE D. STUART, Water Works Supt. RICHARD F. ORTON, JR. JOHN O. FITZGERALD, Attorney MERIDIAN, IDAHO RONALD R. TOLSMA ROGER WELKER, Fire Chief 83642 ANNETTEC. HINRICHS EARL WARD, Waste Water Supt. Phone 888-4433 Chairman Zoning & Planning JOSEPH L. GLAISYER Mayor s i j NOTICE OF PUBLIC HEARING 1� " Notice is hereby .� y given, pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that a hearing will be held before the Planning and Zoning { Commission of the City of Meridian, at the City Hall in the City of Meridian at the hour of 8:00 P.M. on the 8th day of March, 1982 and before the City Council of the City of Meridian, at the City Hall in the City of Meridian at J the hour of 7:30 P.M. on the 15th day of March, 1982 for the purpose of approving the Preliminary Plat and the Final Plat of CATHERINE PARK SUBDIVISION which would be located, if approved, generally described as follows: Lying in the NE 1/4 Section 7, T. 3N., R.1.E. STUTZMAN ANNEXATION. The North boundary would be Washington Avenue Extension, State. Street to the South, the East boundary is Five Mile Creek, and COTTAGE HOME ADDITION to the West. A more particular description of said real property is on file at the office of the City Clerk, City of Meridian, City Hall, Meridian, Idaho. n Any and all parties interested shall be heard at the above scheduled hearings. LaWana L. Niemann I) City Clerk February 17, 24 Wana L. Noma a ity Clerk f� ,I i HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS LAWANAL.NIEMANN,CItyClerk C !. ' p,'p {q �� ��L� Jia: ITM COUNCILMEN A. M. KIEBF_RT,Treasurer 3���� GRANT P.KINGSFORD BILL BREWER RICHARD D. NICHOLS, Chief of Police BRUCE D. STUART, Writer WorPs Sup,. 728 Meridian Street PICHARD F. ORTON, JR. RONALD R. TOLSMA JOHN 0. FITZGERALL, At!orney MLR1D--,',N, lDA'_.-10 ROGER WEL KER, Fire Chief E3+3,12 ANNETTE C. HINRICHS EARL WARD, Waste Water Supt. Phone 363-4133 Chairman Zoning & Planning JOSEPH L. GLAISYER Mayor February 16, 1982 SUBJECT: CATHERINE PARK SUB. (Stutzman Annexation) Tom Marks Following is a list of owners and addresses as on record at the Meridian City Hall, 728 Meridian Street, shown to be within 300 feet from the above proposal. 635 East State Maylan Jon Hvezda 535 East State Curtis Miller j 527 East State George Strellner Mailing.: P.O. Box 544 515 East State Robert Hendry 934 Eas-, 5th W. L. Steve "danker 928 East 5th Dan McNe-ff Mailing: Room 910 Securities Bldg. Seattle, Washington 98101 532 East State Mrs. Tom Overton 524 East State Perry Haws 512 East State Dorothy G. Rice 502 East State Joh- T-omburg Mailing: 3040 Duane Drive Meridian, ilL 83642 1030 East 5th Jean Bidondo 5;3 East Carlton Warren Dusenberry 1i16 East 5th Rona:- Dickman 512 East Carlton H. L. Rich 509A E. Washington ) 5096 1128 E. Washington ) E. 5th ) Bill Gardner Mailing: 1029 E. 5th j 1130 E. 5th 510 East Washington WASHINGTON SQUARE Mai�-ng: DEVCO & COMPANY Property Management P.O. Box 1228 Boise, I'D 83701 Wana L. Noma a ity Clerk f� ,I i September Lt, 1988 I am aware th::t the covenants of the CATHMII S PARK SL"SDTNISION, written by D'Arlene Stutzman, are being revised by D'Arlene Stutzrman to permit housing by "move in" and rebuild. This housing :rM be comparable in every way to the housing already in the project. fo�2 CAV -d s/ -AJ I'�7Ei4�Dr��t1 Y�7 /,17 STATE OF IDAHO ) ss. County of Ada ON THIS 4th day of Sept , 19 88 , before me a notary public in and for said State, personally appeared_ena Stewart -- vi _D'Arlene Stutzman----------------------------------------- - J Q----------------------------------------------------------- CM known to me to be the persons whose names As are subscribed to the within instrument, and acknowledged to me that they executed the same. z IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My My Residing at MERTDTAN Idaho 19 Mr. Stan McHutchinson, P.E. Tudor Engineering 1802 N. 33rd Street Boise, Idaho 83707 Dear Mr. McHutchinson: October 15, 1984 Re: Catherine Park Subdivision The following statement is presented in response to your recent question: The subject development is within the City service boundaries and can be served by City water and sewer lines. Mr. Jack Niemann informs me that the plat approval previously given this subdivision by the City is still valid. If you have any other questions, please call. Sincerely, CI OF MERIDIAN ary D mith, P.E. City E OF; GDS: ss bcc: City Clerk • HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS JACK CITY OF MERIDIAN COUNCILMEN BILLBREWER IEBERT TCityClerk A. M. KIEBERT, Treasurer � RONALD R. TOLSMA RICHARD D. NICHOLS, Chief of Police 728 Meridian Street J. E. BERT MYERS BRUCE D. STUART, Water Works, Supt. ROSERT GIESLER WAYNE G. CROOKSTON, JR., Attorney MERIDIAN, IDAHO EARL WARD, Waste Water Supt. S3BC BOB SPENCER KENNY BOWERS, Fire Chief Phone 888-4433 Chairman Zoning & Planning GRANT P. KINGSFORD Mayor Mr. Stan McHutchinson, P.E. Tudor Engineering 1802 N. 33rd Street Boise, Idaho 83707 Dear Mr. McHutchinson: October 15, 1984 Re: Catherine Park Subdivision The following statement is presented in response to your recent question: The subject development is within the City service boundaries and can be served by City water and sewer lines. Mr. Jack Niemann informs me that the plat approval previously given this subdivision by the City is still valid. If you have any other questions, please call. Sincerely, CI OF MERIDIAN ary D mith, P.E. City E OF; GDS: ss bcc: City Clerk PROJECT ICr1Ii V Iya✓k. sylod.. JOB NO. • SHEET I ® DESIGNED OVL DATE 7 b 2- FS4 ITEM CHECKED DATE 1. Sews✓ &VLa w w _ koo k Ltjo 4.4. v.eA IV toe paac( -41 +I -e t.lk4 (a) hveSet' om- s 14. OKLI tviL u&4i+ C t)c ntos4-) I;a- U Vti V1 a 0e d +0 5 LA" er / vjr444,', 2. Fr' v C;� +o accast sew4vIWA46v %Ap4r- ► Vve- n" C�VA�r.►► d Stwev is 6"ZL4-, a. 14cordLA pL&-t so easern-cKt w•. • C &" ","E 14- o; ►moo► -4 _�v SV.MC4- A"d wa+Cr b. 'h. eaA ixs+ o� d vwv-,. " _ 9vrrwKd w,odw_ vvcU C. V\e4 wv� of ftec.o►-d a wcis. fav- s44,.UW AVW-_ w . 2�S4&Ws d. v LLA Co-4t,I Lame gm&ed 40 s"bokradL. 3. Subwwt uAVa.v4ca bov,d -b Vy►onclA� G Inn wH__ YV1.0 _ __of to % of W ovmowv& r ems+wcfv6vv o 4. 2.eulew w►4t., Int t+o , Wkat -ft.e 6i-aius of appkw4 ew IL -t. 4ox4r t stoK o� S I K4 S+. C w/ cwt- eta - sat , zo. . A yasLt1oyw,*,.Q, 4 ck"es @ cAAA (Lm-sa..c was mac(.c b,j. GTm "V veers 4D Ara*oo %—Z8 -$Z �a ��,#* 4 dreumtVpn,2vvt hL"S ka,tte.. Eta , appI.wed iol 6 , S�a*a, 1J-ao�lt:tL. Yae cwt W4,* app vwed 41� S.eAA. /vwa'G•v pl.M1,A_ . 7, Sewev-passed cor6s+ r4vd AL I-Avm*& -es+s Qt4er co-v1s+mArh -(7-/ 9- r Z) ,Av,,A►•, addt41t4;VA1 cr+iu�eO- will ba" vuuwcw� wpo-I tev pt@_-hvL. v6 u4-0 j 1tnSd-a &ft vl,s ) Pvtor -}o graved pla c.&W 4 , A'tse, Q f'";&t SL4r;t m Inspt bo' -n W11 bot nuwa"j Mpov, CompLdcmA. o•�' P&QU4. pt.L prLor �. Wa - is t Aff &tM o'b -HJX v%JUdim +0 1k &doA Qc we)j OA. I """"-' pw.isww-Ie-��" �►d �ivia.Q Sw��e..u, i n>; htch�al�.. �is�h �e.e�hw. � a.rt �yc.P.�. do -ma ivti 6 }�a�.l� u.+- V -0 -cm -ds do hof ?-U isi -Mal' }v 5•,•lo S�i a�. 10-79 PROJECT C, 01bev1APavk Sytkda SOB NO. • SHEET f i DESIGNED OVL DATE Z I FSQ ITEM CHECKED DATE i• Sewer aVLd Wa4W koOit._ L410 A VUXA to Ie pc,�c( -Ar +h•e W4 (s - -P VtS" QM- 91 k- t j &AL uHi+ C I'W►J-G" MOO.) L; - Co v► yl a 0e d +0 Sum er / wrt-k,'• 2 , �a ✓ C; +o accap$ scws~1wa¢ v s4a� we. vtLLd - (Wp,�,v d sewer is bit at) 2. 1,¢ cord&A pL&-t so easemewd �- . Cooky Lane +A- of wv -d -lice sewe*r ~cI wm4-cr - b. 'Ae.ad ix -%4- of do &,� " �+ wrrw�•d w -+w uikU. c. V1eLd cowl of Rc.c.oed d,wcra, fr Stu -'W AV%d-A&Vfw 1�6"s d . vl.0-A Ca -4" Lie lra d ed Ao 6 uJo aya dL 3. Subr,-Lt _ ua vav��l c¢ bond -b VhP�ncltiw�w Gt rv►� _cwvr, owe o� i 10 °lo of W aims4wcfion of COc :10'"t- �a� 4. kpeviwj w;41,, Ac.Hio What if4e s�afAs of app,—+2 &m,, IL t gx4vv►stoK o�- 5 VOC4 s+. (W/ c,"t- d.Q - sac ) i.. . ( A r¢skbrni*aL 4 ck"cs Gv CA -U -da -s" was madx. b�- CTvm "lvt¢evs -6 Ac1+o B -y, 7—Z8-$2. d e ve LVPrv►.9:At hLamS katr¢.- e.t app d L Ckp amt.t mom# app vwva -tom s.e,UAn. /vim. P(. . '1. s.� _ passed ak"rlvt+ rd,nd ctA;jvkK%ty 4rs4s a -Pee erns! rue1�+ • - �% /9 8Z� ,�►► aridthw�ou! a4�4t a- will bt I!L uw&4� wpoy covmpivhw. tZ. &dhh y . 10s"&fi)0ts pvior 40 ly" placAw44• AlSo, A )wi&t smrfam tospuboA W,11 be. vlcUMary MPoa Complc)i.Ovt. a� PauLly . A-LoL prior -tv . Cx a cL c,p }comes_ di LAOV e.., 1,W a'ttiv d-im db -fie- +o Vat d.mu. Qi WW ars. f,;A PWA4wj. 4& Omsk t Swd -tee. i ns ptch a.. JDis' c. +A� , -Mal � atrt 6a4,• . c�.ox�. jh; 4a,�,l,,r 6Lj- ►^eco► -ds do ho{ e-vst- +u 5 ulo Si�ia� J U.a.60 10-78 + a 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. MOTION WAS MADE BY TOLSMA AND SECONDED BY BREWER TO APPROVE OF THE TURN-OFF LIST. Motion Ca Aced: ALL YEA Mayon Kings jo&d advised the total amount o f det,inquene ied was $4,544.50. (ITEM 06) -BILLS The motion was made by Gie tea and seconded by Toama to app&ove the b.iUz. Motion CaAAied: ALL YEA (ITEM #7) -STEVE GREGORY- in put on pods.ibte annexation of Do&is Subdivision Mn. G&ego&y was not p&esent at the meeting. (ITEM #8) -RESOLUTION #89 TENTATIVE BUDGET. Motion was made by B&ewe& and deeonded by Mye&s to app&ave the tentative budget .in the amount of $1, 985, 578.00-Resotution #89 and set budget heaA.ing date o6 Septembeic 4, 1984. Motion Caa4Ai,ed -ALL YEA Copy o f &es otutio n on jit e with these minutes. (ITEM 09)- Request by Stutzman condt&uction joA mobile home condtnuction o j 6.iee at CatheeA ine 90diviSion. 'Moti.on was made by G.ie teA and seconded by Myeu to appnove use of mobcte home io& eonstnuct i on o6j ice at 'Catherine Pa&k 6oA a period D6 six months at which time this %equeat would be &eviewed. Motion CaAA ied: ALL YEA (ITEM 010)- ORDINANCE #435 Mayo& Kings6o&d %ead; AN ORDINANCE ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS BEING A PORTION OF THE N i NE -7,4 SE%, A PORTION OF THE SE%, N04 -,SECTION 13, T.3N., R. 1W., B.M., ADA, COUNTY, IDAHO, WHICH PROPERTY IS ADJACENT AND CONTIGUOUS TO THE CITY OF MERIDIAN, ADA COUNTY, IDAHO. TO BE KNOWN AS HIGH COUNTRY OF IDAHO, INC. ANNEXATION AND BE ZONED GENERAL REATIL AND SERVICE COMMERCIAL (C -G). Mayo& Kingd6o&d asked .i6 anyone .in the audiance de ited o&dinance 0435 Aead in it's entLuty. NO RESPONSE ---- The motion was made by Totzma and seconded by G.iezten that the &aes and pAov i,a.ions ej 50 -9002 -and a t AftteA &,d pnov us.i.onb Aequ A i ng that ondi.nanees be &ead on th&ee diijeLent days be despended with and that o&dinanee #435 as Aead be passed and app&oved. Motion CaAAi.ed: G.ieste&, yea, B&ewec Yea,, Totzma, yea, Myers Yea, ® 0 JULY 25, 1984 FEES DUE THE CITY OF MERIDIAN ON CATHERINE PARK SUBDIVISION: NOTICE OF PUBLIC HEARING: ENGINEERING FEES: ATTORNEY FEES: WATER/SEWER/TRASH BILL SUB -TOTAL $ 13.94 723.72 27.50 $765.16 83.25 TOTAL AMOUNT DUE $848.41 7/25/84 CALLED MRS. STUTSMAN 888-1928 AND ADVISED OF THESE CAHARGES DUE THE CITY. w s OFFICIALS LAWANA L NIEMANN, City Clerk A. M. KIESERT, Treasurer RICHARD D. NICHOLS, Chief of Police BRUCE D. STUART, Water Works Supt. JOHN O. FITZGERALD, Attorney ROGER WELKER, Fire Chief (EARL WARD, Waste Water Supt. HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 728 Meridian Street MERIDIAN, IDAHO 83842 Phone 888.4333 JOSEPH L. OLAISYER Mayor February 10, 1983 COUNCILMEN GRANT P. KINGSFORD BILL BREWER RICHARD F. ORTON, JR. RONALD R. TOLSMA ANNETTE C. HINRICHS Chairman Zoning 3 Planning Mr. Kieth Jacobs Ada County Highway District ._ 318 East 37th Boise, Idaho 83704 Dear Kieth, By a unanimous vote of the Meridian city council on February 7, 1983 I have been instructed to ask the Ada County Carmissioners to exercise their Bond and/or Letter of Credit frm a financial institution to ccmplete the streets within Ada County Highway District's jurisdication of Catherine Park Subdivision. If you should have, any questions or desire for me to meet with the CMussioners, please contact me at your earliest convenience. Best personal regards, Joseph L. Glaiyer Mayor JIG/jn PC: city council _� Meridian City Council 3. Feb. 07, 1983 Agenda 8 Department Reports + Gary Smith City Engineer reported that the only item remaining on the HUD Grant is the reimbursement to Bruce Stuart for materials supplied to the contractor at the time of the construction. Smith explained that as of January 21, 1983, there was a balance of $4,352.30 in the Grant account. After payment of the audit and to Nays Construction, and payment to restock Burce Stuart's (Water Dept.) inventory there is a $5.00 over amount of the monies left in the HUD Grant account. The Motion was made by Orton and seconded by Kingsford to approve of transfering $1,957.13: from the HUD Grant to the Sewer and Water fund in reimbursement for materials supplied.by Bruce Stuart (Water Dept.) that were used'by the contractor. Motion Carried: Kingsford,yea; Orton, yea; Tolsma, yea; Brewer,ye_a _ _ The Motion was made by Kingsford and seconded by Brewer that the bill -from Ripley and Doorn for the HUD Grant Audit in the amount of $1,500.00 be approved. Motion Carried: Kingsford,yea; Orton, yea; Tolsma, yea; Brewer, yea There was discussion from Counsler Crookston concerning the Revenue Bonding Ordinance. (Tape on File City Clerk's Office) Councilman Tolsma reported that he had been in contact with Keith Jacobs,.ACHD, concerning the cul-de-sac at the end of State Street. Jacobs explained to Tolsma that (here is ' a Bond or Lettex of Credit on file, - and if the City wishes ACRD -to '.act upon the development;of+:the tail--de�sac 1, it would require a letter from the Mayor to ACHD. The Motion was made by Tolsma and seconded by Kingsford to authorize the Mayor to draft a letter to the Ada County Highway District Commissioners regarding the development of the cul-de-sac at the end of State Street and put it out to bids either via Bond or Letter of Credit. Being there no other business to come before the Council . . . . . . The Motion was made by Kingsford and seconded by Brewer to adjourn at 7:53 p.m. APPROVED: MAYOR, JOSEPH L. GLAISYER ATTEST: JACK H. NIEMANN, CITY CLERK Meridian City Hall .9. C October 18. 1982 Agenda OTHER BUSINESS:....... 9 Mayor Glaisyer: I have been informed by City Attorney Wayne Crookston that Tran Marks has not picked up the certified letter requesting that he remove the extra water line that he has hooked up to another house at Catherine Park. There was discussion concerning action to be taken. The Motion was made by Kingsford and seconded by Orton that the Chief of Police serve Mr. Tom Marks a letter demanding the removal of a water line illegally connected in Catherine Park Subdivision. Motion Carried: Brewer, yea; Kingsford, yea; Tolsma, yea; Orton, yea Mr. Marks is also to be notified that an inspection must be made upon disconnection and be added to the letter. Councilman Kingsford reminded the public to be sure they are registered to vote. Mayor Glaisyer made the request that the Council consider and recananend applicants for the Planning and Zoning Commission. There being no other business to come before the Council, the Motion was made by Kingsford and seconded by Tolsma to adjourn. Meeting adjourned. Mayor Joseph L. Glaisyer LaWana L. Niemann, City Clerk pc: Mayor & Council (5) Planning & Zoning (2) City Treasurer, City Clerk City Attorney, City Bldg. Inspector Fire Chief; Chief of Police Bruce Stuart; Earl Ward; Gary Smith AIC; ACRD; APA; Central District Nampa -Meridian Irrigation Ada County Zoning Director Ada County commissioners Statesman; Valley News; Press Tribune Gus Hein • and Zoning Commission March 8, 1982 Planning and Zoning Meeting called to order by Annette Hinrichs, Chairman P.M. Members present: Lee Mitchell; Don Sharp; Tom Eddy; Bob Spencer Burl Pipkin, Absent Others present: Donn Day; Nadine Miller; Dorothy and Dean Rule; Wa-ly Lovan; Jim Potter; Geo Strellner; Margaret Strellner; Bernice Johnson; Ray Johnson; Kim Cherry; Cecil Cherry; Coenraad Abas; Thomas L. Marks; Lloyd D. Howe; Ted Hepper The. Motion was made by Lee Mitchell and seconded by Bob Spencer that the minutes of the previous meeting held February 8, 1982 be approved as written. Motion Carried: All yea Agenda Dean,and Dorothy Rule - Representing Brooklawn Estates Input 1 „ :. Dean Rule explained proposal to build a Mobile Home Subdivision on the Southeast ;, Gvrner of Linder and West Pine. More specifically Lot 6 WestLawn Subdivision :.not within the City boundary. Annexation and zoning would be required, 8.42 acres 1200 sq. foot minimum. Rule stated that they would intend to build the park for adult population, primarily for people retiring.and density would be five (5) to six (6) units per acre. Modular homes are planned, which are built to housing specifications, lots would be sold. commissioner Sharp questioned fencing. Rule stated there definitely would be some type of fence - at this early stage of planning had thought chain link. Sharp felt a solid type fencing would be better for buffering and screening the Industrial Park across from proposal. It was the feeling of the Commission at this time that there be no objection. Agenda 2,. HEARING - Catherine Park Subdivision Preliminary Plat 1 Jim Potter, Potter and Associates and owner, Thomas Marks were present at Public Nearing for Preliminary Plat proposal for Catherine Park Subdivision located with the north boundary being Washington Ave. Extension, State Street to the south, } the East boundary is Five Mile Creek, and Cottage Home Addition to the west. ' Annette Hinrichs: The Public Hearing is now open for Catherine Park Subdivision Preliminary Plat." Oim Potter: (Displays Plat before Commission)"This plan calls for seven (7) lots. It, does require special set back considerations." 1 Tom Eddy: "Is there a deeded right-of-way along Five Mile Creek?" Po' ter: "No. In Section 7 there is not a deeded right-of-way requirement along Pllve;M•ileCreek. Nampa -Meridian requirement is 45 feet each side of center line " ihd their specifications at the current time are that there be no permanent impedi- ments-, such as trees in the easement. Landscaping is fine." Edey:,- "Do they clean this ditch?" "Would a road be necessary?" Potter: "Nu" "Five Mile Creek would be sloped down to the water" Mitchell:: "What is the footage from the back of the house?" Potter "The edge of the easement is a foot from the house." CommissJoner Don Sharp discussed and strongly recommended that the Plat disclose {the easement along Five File Creek to all concerned - especially since the easement t Ta°odldme right up to the back of the house. 3lP tter stated.'that this was typical on a normal residential plat - where is a 5 foot #.4w Ps.lde..yard set back and you have a statutory 5 foot side yard easement. "We do have emontson the side yard - which come right up to the house" ?L Comm ssoner:Mitchell agreed that the buyers be made aware of the Five Mile Creek ~�e sent. 'K,tiqTpm Marks: "Half of that easement is going to be a common greenbelt straight through those backyards." r r wi' AJ aSx I ' Meridian Planning andZonin Commission .2. March 8, 1982 Agenda 2 (Cont'd) Catherine Park Sub............ Potter and Marks both stated the easement along Five Mile Creek should ever be any problem but this may be accomplished through a declaration. Don Sharp stated that the City as an "Old Towne" area designated in the Comprehensive Plan and that any reference to any other area as "Old Towne" as.shown on Catherine Park Subdivision development plan should be deleted. Potter stated that this reference was taken from a Chamber of Commerce map. Commissioner Bob Spencer questioned the 25foot width of Catherine Lane for emergency vehicles. Potter stated that at such time that the property (to the west) is developed,the 'remaining 25 foot easement, or dedicated right-of-way, and will allow for the full development of the street. 'Hinrichs: "The Fire Department comments that Washington Street should be carried through - isn't it?" Potter: "Yes" "Washington Street, in the development plan of the northeast sector of Meridian, shows East Washington Street crossing Five Mile Creek." Mitchell: "Technically this (Catherine Lane) would be a "no -parking" street." Potter: "Correct" "Carlton ends in here - this at the present time is a private easement - there is nothing we can do about that, it is not a public right-of-way." We are saying that this should be built as 1/2 Street standard so if this other is improved the City can require that dedication." Mitchell: "Are you providing a way for a Fire Truck to turn around?" Potter: "Yes, this is a temporary culdesac" (indicates turn around on map) "Lots are -a minimum of 6500 sq. feet - house is minimum of 1200, double garage, $68,000 to $75,000." Hinrichs: "Are you aware of the placement of fire hydrants?" .Potter: "Yes, we will certainly discuss that with the Water Department." Hinrichs: "You do have to clear with Ada County Highway too" .,Potter: "Yes. We intend to have a meeting with them subsequently. Some of the items that they requested are not within the control of the landowner." Annette Hinrichs: "Are there any comments from the public on the project of =Catherine Park Subdivision Preliminary Plat?" There was no response. !'Hearing Closed" Mitchell: "When do you plan to start on this project?" r} Potter: "First the meeting with Ada Count Highway and the Council." 9 y 9 y Mitchell: "Will you develop within the year?" Pptter: "Yes we plan proceeding much ahead of that." The Motion was made by Lee Mitchell and seconded by Tom Eddy that the Planning and Zoning Commission recommend approval of Catherine Park Subdivision Preliminary Plat ;e to the City Council, provided all City Ordinances are met, Catherine Lane be ,no parking, and some provision be made that the property owner be made aware of the easement along Five Mile Creek. Motion Carried: Mitchell, yea; Eddy, yea; Sharp, yea Spencer, nay �Aenda. HEARING — Broadway Estates West Annexation and Zoning Dan.Wycherly, G.R.I. was present representing Lorin C. Saunders, owner, of r:a 10.5_acres located at the end of West Broadway and West Idaho Street. Wycherly stated the land is adjacent to 8th Street Broadway and that the proposed F annexation to be zoned residential is to be called Broadway Estates'!West. ,k The concept plan consists of townhouse units in the price range of $45,000.00 to ,$55,000.00 Wycherly stated that they plan to do the project in phases due to k� economic times. �.Wycherly: "The grounds will be professionally landscaped and there will be common Areas for playground, swimming area and recreation facilities for family life. i 27yt> Y�' v "d ", - 0% 0 0 4W 11 1 s,>26 F 33 EASEMENT FOR VALUABLE CONSIDERATION paid by THOMAS L. MARKS and CATHERINE MARKS, husband and wife, and the City of Meridian, hereinafter called Grantees, WE, the undersigned, RUTH CROW, a widow, and NORA OVERTON, a widow, hereinafter called Grantors, hereby grant and transfer unto Grantees, an easement for the construction and maintenance of a sanitary sewer line along and across the following described property, to -wit: i An easement 30 feet wide, being 15 feet on each side of the following described line: Commencing at the center of said Section 7, Town- ship 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, marked by a found brass cap monu- ment, and thence North 962.77 feet along the North/South mid-section line of said Section 7 to a set 5/8" Rebar L.S.H74 which is the Northwest corner of Catherine Park Subdivision, the real point of beginning; and thence continuing North along the said mid- section line, a distance of 698.31 feet to a point which is the terminus of this easement. The Grantees agree and covenant with the Grantors to re - store the subsurface and surface of the easement right-of-way area herein granted to a like condition existing prior to the grant of this easement and right-of-way and to indemnify and save and hold Grantors harmless from any and all losses, claims, actions or judgments for damage or injuries to persons or pro- perty arising out of or from, or caused by, the construction, operation and maintenance and use of the aforesaid easement and P right-of-way. The Grantors further agree and covenant with the ' Grantees that no permanent structure may be built on or over the easement herein described without the express written per- mission of the Grantees. JACK C. RIDDLEMOSER Attorney at Lew PHONE 888-1491 BOX 373 333 EAST IDAHO MERIDIAN,IDAHO 83642 r JACK C. RIDDLEMOSER. Attorney at Lew PHONE 888-1491 BOX 373 333 EAST IDAHO MERIDIAN,IDAHO 83642 • This Easement shall constitute a covenant running with the land for the benefit of the Grantees, their successors and assigns. IN WITNESS WHEREOF, the Grantors have executed this Ease - ment, this -day of June, 1982. STATE OF IDAHO ss. County of Ada RUTH CROW NORA OVERTON On this day of 1982, before me, the under- signed, a Notary Public in and for said State, personally appeared RUTH CROW, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she exe- cuted the same. WITNESS MY HAND AND SEAL the day and year first above written. Notary Public for Idaho (SEAL) Residing at Meridian, Idaho ftv `STATE OF IDAHO ss. County of Ada On this day of 1982, before me, the under- signed, a Notary Public 'in and for said State, personally appeared NORA OVERTON, known to me to be the person whose name is sub- scribed to the foregoing instrument, and acknowledged to me that she executed the same. WITNESS MY HAND AND SEAL the day and year first above written. Notary Public for Idaho Residing at Meridian, Idaho SiRi� ©f ii:'';a'.' C^•::'ii'1 nc Af'.,9. s, /�1 r�ile�jint ucr,; � ,,; c;� � r�•;� �.si o _ � —��J — �LJ I:�ui i,asi n'clrx: J01114 6A` T& 8-0; i 7M IM l Y 11 � JACK C. RIDDLEMOSER. Attorney at Lew PHONE 888-1491 BOX 373 333 EAST IDAHO MERIDIAN,IDAHO 83642 • This Easement shall constitute a covenant running with the land for the benefit of the Grantees, their successors and assigns. IN WITNESS WHEREOF, the Grantors have executed this Ease - ment, this -day of June, 1982. STATE OF IDAHO ss. County of Ada RUTH CROW NORA OVERTON On this day of 1982, before me, the under- signed, a Notary Public in and for said State, personally appeared RUTH CROW, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she exe- cuted the same. WITNESS MY HAND AND SEAL the day and year first above written. Notary Public for Idaho (SEAL) Residing at Meridian, Idaho ftv `STATE OF IDAHO ss. County of Ada On this day of 1982, before me, the under- signed, a Notary Public 'in and for said State, personally appeared NORA OVERTON, known to me to be the person whose name is sub- scribed to the foregoing instrument, and acknowledged to me that she executed the same. WITNESS MY HAND AND SEAL the day and year first above written. Notary Public for Idaho Residing at Meridian, Idaho SiRi� ©f ii:'';a'.' C^•::'ii'1 nc Af'.,9. s, /�1 r�ile�jint ucr,; � ,,; c;� � r�•;� �.si o _ � —��J — �LJ I:�ui i,asi n'clrx: J01114 6A` T& 8-0; i 7M IM P JACK C. RIDDI EMOSER! Attorney at Lew PHONE 888-1491 BOX 373 333 EASTIDAHO MERIDIAN, IDAHO 83642 FOR VALUAB!,'- CONSID':RATTON paid by TIIONU\S L. MARKS alld CATHERINE MARL -:S, husband and wife, ane? the City of Meridian, hereinafter called Grantees, WE, t1,e undersigned, RUTH CROW, a widow, and _ NORM OVERTON, a widow, herein;al t_e Grantors, hereby grant and transfer unto Grantees, an easement for the construction and maintenance of a sanitary sewer line along and across the following descr:_bed property, to -w4_ _t: An easement 30 feet wide, being 15 feet on clich side of the following described line: Commencina at the center of sct.id Sc'CtiUll 7, Town- ship 3 "or•th, Range 1 East, '',,.rise Meridilt,,, Acla County, Idaho, narked by a found brass cap monu- ment, onu- ment, and thence forth 962.:%"/ .L=cet along the Noe l-.h/Set,th mid-section .line oL :_.,yid Sect -_on 7 to ;r Rebar L.S.H74 which is the Northwest corm= r of Catherir Park Subdivis_on, the rertl_ point. of beginni-ig; and thence continuinq Nurtli ;ilontl tl,e :;; i•! nucl- section 1 ne, a distance oL O98.31. Leel point which s the terminus of .:his easem� nt. The Grantees agree and covenant with the Grantors to re - store the subsurface and surface c,L- the east -,mei -It r.:(flit-of-w ty area herein granted to a li'�_e condition existing orior to the grant of this easement and right-of-way and _« indumnii-y and save and hold Gr<!ntors h' -Armless from any and all 1 , .ses, claims, actions or judgments for damage or to per_;cn,s or pro- perty ro_ pe ry g t arising out of or L"rte.:, or caused by, the construction, operation and maintenance and USC of the a:-ores<aid c:o,crnenL zinc' right-of-way. The Grantors further auree and cover,,tnt w.i t -h the Grantees that no permanent structure may be built ot, or over the easement herein described without _he express w,-iLten per- mission of the Grantees. i i C7 • i; This Easement shall corigtitute a covenant rune ny with the i'. land for the benefit o_r the Grantees, their successors and I� '. assigns. IN WITNESS W1-9,1REOF, the Grantors have executed this E'Ise- ment, this day of June, 1982. STATE OF IDAHO Ss. County of Ada RUTI_ CROW NORA OVERTON On this �r2ay of 1982, before me , the under- signed, a Notary Public in and for said State, persc,ually appeared RUTH CROW, known to me to he the ,,,,rson w'i(DL-,, name is subscribed to the foregoing instrument, and acknowledyed to me _Ii .it exe- cuted the s=e. WITNESS MY IIAND AND SEAL the c1,cy and year f_'ir,0 above written. S r �. Notary Public 1-ui ICahc (SE AL Rc s.idiny al. Mc_ri•ii �n, Id�cico iISTATE OF IDAHO ss. County of Ada On this day of 1982, !)e fore iuc, lie under- i signed, a Notary Public in and for said State, ue.rscinally �ippeared NORA OVERTON, knc_van to me to be the person whose n0 i i:, su,'D- scribed to the f...�reao ung instrument, and acknuw l eddc_,.1 to mc- i that she executer:; the same. WITNESS MY HAND AND SEAL the day and ye,cr first- above written. JACK C. RIDDLEMOSER V+ Attorney at Lew PHONE 888-1491 !i BOX 373 333 EASTIDAHO MERIDIAN, IDAHO 83642 1' eo' Notary PU1IIiC fur- Idaho Residing at Meridian, Idaho At- Meridian City Council � N A 3. 17, 1983 Police Chief Doug Nichols stated that he had been made aware of a large accumulation of automobiles and automobile parts at 1304 W. 1st. Nichols said that there have been several complaints on this. On checking with the City Ordinances, Nichols reported -that the Police Department has the right to remove these automobiles with the proper notice to the property owner. Nichols reported that in checking with the City Attorney, it was recommended that this be handled as a civil action. The Motion was made by Kingsford and seconded by Brewer to instruct the City Attorney to draft a letter of violation concerning the accumulation of automobiles and automobile parts at 1304 W. 1st. Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea Councilman Bill Brewer stated that he had received another complaint concerning the cul-de-sac problem at the end of State Street, concerning Catherine Park. Brewer stated that he would like to find a solution to this problem. Councilman Tolsma said that he had tried to contact Keith Jacobs, ACRD, with no luck. Tolsma explained that he had left word for Jacobs, and was expecting to get with him sometime soon in the near future. There was discussion. (Tape on File, City Clerk's Office) Councilman Orton stated that he would like to get the Area of Impact negotiated. There was discussion. (Tape on File, City Clerk's Office) Councilman Kingsford questioned City Attorney, Wayne Crookston, on the procedure on drawing up the Findings of Fact and Conclusions of Law regarding the Quong-Watkins Annexation. Kingsford stated that there has been conflicting testimony concerning the annexation. Attorney Crookston explained: "I take a private poll of the Council, and I prepared proposed findings. If the poll indicates - I basically need each one of your's feelings - if it appears to me as though there is a split vote, I can prepared two sets - you adopt either one - the way you want to go." "At Planning and Zoning, I prepared one set of Findings of Facts and Conclusions of Law, but I prepared two motions. At Planning and Zoning level, the facts supported going either way." "If it is unamious, one way pr the other, I would probably prepare one set, and if there is diversed opinion about that, at the time that you go over it, then you could change it at that time. All I am doing is the proposed Findings of Facts." The Motion was made by Kingsford and seconded by Orton to instuct the City Attorney to prepare the Findings of Facts and Conclusions of Law regarding the Quong-Watkins Annexation. Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea; The Motion was made by Kingsford and seconded by Brewer to adjourn at 7:54 p.m. APPROVED: MAYOR JOSEPH GLAISYER ATTEST: Jack H. Niemann, City Clerk Sw�,wMj PooL�/Ub �a _ few �BV eC@J�'j'�il S J-4 3 No 74% K av'e Qwy �e u�'C.P WLtS j'ws7�aL4e� P ,�ws��scl�a� v!° Meridian City Council Meeting 4. September 20, 1 Agenda 7 CLYDE DEMPSEY; Conditional Use Permit Renewal - Snack Bar, Cont'd . . . . . . Councilman Kingsford: "During the discussion that we had some 15 months ago, you said that if there was any problem out there from the school, that you would just close the thing up yourself." (Minutes from March 16, 1982 on file in City Clerk's Office) "Are you aware of the complaints that the school has had about you?" Dempsey: "No, I am not." Kingsford stated- that the has been a smoking problem with the students there, that there has been vandalism to the cars in the parking lot around the snack bar. There was discussion concerning the problems surrounding the snack bar. Councilman Kingsford also mentioned the litter problem around the snack bar. Dempsey presented 2 of his employees that explained the cleanup procedure that is done every day. (Tape on File. City Clerk's Office) Police Chief Doug Nichols stated that there is a,problem with students loitering during school hours on the snack bar property. This is private property, which prevents the resource officer from intervehd.ng. Dempsey stated that he will work with the Police Department and with the City on any problems. The Motion was made by Kingsford and seconded by Brewer not to extend the Conditional Use Permit on the Clyde Dempsey snack bar. Motion Carried: Kingsford, yea; Tolsma, yea; Brewer, yea; Agenda 8 TOM MARKS - DISCUSSION on Water -Sewer Hookup and Illegal Water Line Mr. Marks was unable to attend because of a previous commintment. Earl Ward, WasteWater Supt stated that the hookup fees for the sewer have not be paid. The second residence is not hookedup to the City Sewer. Bruce Stuart, Water Dept. explained that there are two trailers in the Catherine Park Subdivision. One is on a meter and the other is hooked up by a pipe from the first trailer. The second hookup was never approved. Gary Smith, City Engineer state that he felt there was a another problem to be considered with is that Arnie S"ubthvi3iDn will hookup to City Sewer through the Catherine -Park. There was discussion concerning the illegal water line and the failure of Marks to pay sewer hookup fees. (Tape on File, City Clerk's Office) The Motion was made by Kingsford and secondec by Tolsma that the City Attorney send notice to Mr. Marks that hookup fees must be paid within 10 days or water services will cease, and that the illegal water hookup to the second residence must terminate immediately. Notion Carried: Kinasford. yea: Tolsma vea: Brewer. vea: Agenda 9 1982-1983 FY AUDIT The Motion was made by Kingsford and seconded by Brewer to reappoint the accounting firm of Ripley Doorn & Co. to do the 1982-1983 FY Audit of the City of Meridian. Motion Carried: Kingsford, yea; Tolsma, yea; Brewer, yea; 0 AMENDED ORDINANCE NO. 411 Mayor Glaisyer read Amended Ordinance No. 411 entitled AN ORDINANCE MAKING AN APPROPRIATI OF MONEY FOR ALL THE NECESSARY EXPENSES AND LIABILITIES OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, FOR THE FISCAL YEAR COMMENCING THE FIRST DAY OF OCTOBER, 1982, AND ENDING THE THIRTIETH DAY OF SEPTEMBER, 1983, THIS ORDINANCE BEING KNOWN AS THE ANNUAL APPROPRIATION BILL,,AND DECLARING AN EMERGENCY. Mayor Glaisyer explained that there was a typographicl error in the orginal Ordinance in the amount of $3,000.00. v • o Meridian City Hall .2. August 16, 1982 Agenda Johnson Place Annexation....... 2 Mayor Glaisyer read Ordinance Number 409 entitled: "AN ORDINANCE ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS BEING SITUATE IN SECTION 13, T. 3N., of R. 1W. of the BOISE MERIDIAN, ADA COUN'T'Y, IDAHO, TO THE CITY CF MERIDIAN, WHICH PROPERTY IS ADJACENT AND CONTIGUOUS TO THE CITY OF MERIDIAN, ADA COUNTY, IDAHO. Mayor Glaisyer: "This is known as the Johnson Annexation. Is there anybody from the public that wishes to have Ordinance Number 409 read in it's entirety?" There was no response. "There is a Motion on the floor to adopt Ordinance 409 with suspension of the rules. All those in favor?" Kingsford, yea; Tolsma, yea; Brewer, yea; Orton, yea "Notion Carries" Agenda. 3 - CATHERINE PARK Re: Culdesac revision Mayor Glaisyer: "Catherine Park Final Plat was approved by the City Council last month, apparently adjoining landowners and not pleased with the culdesac and went to Ada County Highway District last week." Town Marks, developer of Catherine Park Subdivision: "Basically the culdesac has been ,planned from the very beginning, approved before this body after public hearings and then we got into construction project.In staking them out the neighbors felt that we were taking too much of their property even though the property had been deeded over to the county. We contacted the county and they agreed if it was alright with the neighbors we could go with an "L" at that particular location, the end of State Street on Cathy Lane. This is fine with me and the neighbors thought that would be acceptable. The ACTED brought this before this body last meeting, Aug. 2, and you felt that the culdesac was necessary for the fire trucks, trash trucks and that sort of thing. We had another ACHD Ming and they asked that we come back before this body again and allow the neighbors to tell their story as to why they feel we should have the "L" instead of a culdesac. That is basically where we are tonight. Either ;was is fine with me as long as we can get it done." Councilman Orton: "As I remember we did a lot of investigation. First we investigated a through street and it was not within the scope of our traffic plan; and then we investigated different shapes of culdesacs." Doris Oliason spoke in behalf of the neighboring property owners. Oliason: "I have been asked to speak on their behalf. This all started out with the irrigation pipe being put across Hzveda's lawn - without their permission, without their knowledge - when they came hane,there it was. I didn't know that this is the way different agencies ruled to be permitted or if this wasn't an illegal trespass. Then we met with the Nampa Meridian Irrigation representative and he was most unhappy with what he saw." Oliason explained that her irrigation means were disrupted and most certainly a material changer and should have gone back through the process again. "It was my understanding that they (property owners) had signed an agreement with Mr. Marks and Mr. Potter whereby they have given -amore property than they realized. In other words, it would seem that the original plan that was presented - this is our thinking - to the Planning & Zoning Commission has had substantial changes after the people had signed the agreement - or if they ever saw one. At any rate their lawn has been terribly damaged and the culdesac seems to be coming off of Hzveda's and Mrs. Millers property more than off the other side.. We are here mainly because of the culdesac encroachment to a greater degree on Hzveda and Miller property, Hzveda has lost a lot of evergreens plus their lawn being torn up for several weeks now, the irrigation has been straightened out I think, it seems half of the skimmer is on AC -10 property and half is not. There has been so many discrepancies, so many things done wrong, so many things done over that we are wondering what it is you people "O.K.". This culdesac should not cane off somebody's private prg?erty for a new development. We can understand where the ACID has their right-of-way - all over everybody's property - but in this case it is caning off just too much. Is this what you (Council) O,K'd and if you did, why?" (Tape on file at City Clerks office) Councilman Brewer: "Is it not true that the way the culdesac is laid out that it is on deeded property?" Keith Jacobs, ACI -M: "As near as we can determine it is on Ada County Highway District right -of --way, by deed and by plat." "We have checked as near as vie can in the office." Brewer pointed out that it is common for a property owner to use richt-of-way property in lawn and shrubs for years thinking it was theirs.- when in fact it was deeded property to Ada County for years. • 0 Meridian Citv Ball .3. August 16, 1982 Agenda 3 Catherine Park .............. Keith Jacobs: "The original plat was 1907, I believe, for that particular part of town and did have a 80 ft. right-of-way for State Street. Obviously it is not a fully developed 80 foot right-of-way so true, your people are using District right- of-way for their improvements originally deeded to City and through the change in Idaho Code the Highway District picked up that right-of-way." "This is the way we have proceeded and upheld in court." Councilman Orton: "Jim (Potter), you have the task of surveying all of this out there to your knowledge is current construction staking and right-of-way markedin concurrenc with the current play?" Jun Potter: "Yes, we have checked it on two occasions to make sure that these pins are being staked as to plat." Mayor Glaisyer: "The question before us gentlemen is that people are concerned that their property has been encroached upon in the right-of-way. Do you want to stand by the plat that has been approved or do you want to change the culdesac to meet the neighbors requirements?" Councilman Brewer explained that he had gone to this property personally and felt that even though the people are upset the culdesac is entirely within the legal limits. He declared to stand by the original decision. Mayor Glaisyer: "I would like to remind the audience this is not a public hearing. Ile will entertain questions shortly." Councilman Orton stated that he has had to step back and look at the technical end of it and felt the Council has made the right selection of the alternatives that had been studied. Potter stated that the greatest point of the culdesac is actually thirty three hundredths of a foot north of the center line staked. Jon Hzveda, 635 E. State Ave: "Is a full culesac necessary in that area? If so, why?" Mayor: "Both the Chief of Police and the Fire Department have always recommended full culdesacs for turn -around of emergency vehicles. They feel a half culdesac or hammerhead is inadequate for service they have to provide for all the people in the whole neighborhood - not just that particular subdivision." Councilman Orton: "Generally we use culdesacs uz all situations where we believe it is terminus - where no through streets are planned." Marlene Jacobsen: "Concerning the variance you have given at the end of Cathy Lane - you still have to give City services to that area - you put a hammerhead at the end of there. On the original plan I see there was to be a temporary culdesac - why did you give Mr. Marks a variance there and feel it was necessary at the end of State Street?" There was discussion concerning misinformation concerning State Street being a future through street. (Tape on file with City Clerk) State Street is not a planned through street to the East. Jacobsen stated that neverless Cathy Lane is to be widened to a full sized street and the culdesac irrelevant. (Tape on file) Councilman Brewer pointed out traffic plan. (Tape on file) "The proposed culdesac is already in deeded property - the property at the end of the private lane, next to Mr. Marks land, is still privately owned by other individuals - we can't force that culdesac." Marlene Jacobsen stated that she thought there is some question about process and procedure. "At the beginning of this whole process a plan was presented to the neighbors by Mr. Marks - that plan evidently has no relationship to what was presented to you. They signed a petition at that time - they were glad for what seemed like a good plan - but they looked at a piece and gave their approval for something you did not consider and that they were not aware of - I think they have not had a chance to speak to that and if Hzvedas had been aware of the actual positioning - whether is was ever aware of the physical line on the property or this much encroachment on their property. I'm not sure the whole process was reviewed in a proper manner." (Tape on File) Mayor Glaisyer assured the audience that all public hearings had been held properly and the return certified receipts for notification of property owners were reviewed. (Tape is on file with City Clerk) Jacobsen maintained that these people were unaware of the process. and that they had approved the plan that the developer had presented originally. Mrs. Miller stated that the plan shown her in the beginning and that she had approved of was absolutely different than the Final Plat, and that she would have never approved the final. Mrs. Miller maintained the culdesac was to come off Mr. Mark's Property. Meridian Citv Hall .4. August 16, 1982 Agenda 3 Catherine Park.......... Jim Potter explained that"after the original preliminary plat, which was submitted to the City and which the neighbors out there saw and did in fact indicate State Street going straight through, it was in negotiations with this body that State Street was terminated into a culdesac. We did in fact discuss this with adjacent property owners, a record of survey was drawn detailing the various exchanges between ACE -ID, legal descriptions were drawn up and I would presume each individual reviewed that as each individual signed those deeds. I believe they would have had awareness of what they were executing." Hzveda stated that they were aware but not informed there could be any variance to it. It was the feeling of the Council that there should not be any further argument, this was not a public hearing, this was deeded property. City Engineer Gary Smith: "Mr. Potter, I have a copy of record of survey, transfer of property - were those deeds for the property transfer signed and recorded and was a copy of record of survey furnished to the owners - has that transaction taken place?" Potter: "We prepared that record of survey and prior to recording we took six copies of that, colored in the various transactions, six legal descriptions, and gave them to Mr. Marks and the Realtor that entertained the signatures of those people. We were not involved with obtaining these signatures. Once those signatures were obtained we submitted the same to the ACHD and again notified the people of the meeting with the ACRID Ccmnission, we attended that meeting and there was no objection, we then -filed the record of survey and the A01D filed the deed." Doris Oliason requested that the Council take another look at this. There was much discussion in argument of construction of the Culdesac approved at Cathy Lane. (Tape on file at City Clerks Office) Certified mailing was again reviewed. Mayor Glaisyer: "This meeting must go on ahead. This Council can go with a modified culdesac, go back and hold another public hearing or stand by what you have approved" Councilman Brewer: "I stay with the culdesac as the end result for the permanent and future situation." Councilman Tolsma: "I am for the culdesac." Councilman Orton: "I am for the culdesac" Councilman Kingsford: "I voted against the project in the first place but since we have it we should have the culdesac." Mayor Glaisyer: "This was approved last month and the Council wishes to stand by that decision. I am sorry it is an inconvenience for the property. Anything other would have to be worked out with Mr. Marks and the property owners and brought back with a revised culdesac." Agenda 4 Pretermination Hearing - Water/Sewer/Trash Delinquencies Mayor Glaisyer, reading from the TURN OFF NOTICE: "This is to inform you in writing if you choose to, you have the right to a pre -termination hearing at 7:30 p.m. Aug. 16, 1982 before the Mayor and Council, to appear in person to be judged on facts and defend the claim made by the City that your water, sewer and trash bill is delinquent. You may retain counsel. This service will be discontinued Aug. 19, 1982 unless payment is received in FULL." "Is there anyone present that wishes to speak?" Dean Ward,802 West Pine, was present to object to the amount of his water, sewer and trash billing. Ward stated that his water usage was incorrect. Councilman Orton requested that Mr. Wards meter caliberation be checked. "' Ward stated he did not want the meter pulled to be checked. Mayor Glaisyer: "Anyone else from the audience to speak regarding turn-off notice?" There was no response.11 Due to their failure to pay their water bill or to present any valid reason why the bill has not been paid, their water shall be turned off on August 19th, 1982. 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 Notion was made by Kingsford and seconded by Brewer that the delinquent water users will be shut off August 19th, 1982. Notion Carried: Kingsford, yea; Brewer; yea; Orton, yea; Tolsma, yea I AA� 1 Zvi Meridian City Council 3. August 2, 1982 Item #5 Cont'd: Department Reports . . . . . . . . . . Earl Ward, WasteWater Sup't expressed his concern over the request from Catherine , -park for a second water/sewer hookup. Ward stated that to his knowledge the easement through the Crow property had not yet been obtained. Orton: "We should require that they (Catherine Park) give us an easement to record before we can give them any more sewer/water hookups." "Before we can give any more hookups we need the easement and a schedule for the completition." There was discussion conceZ7ning the inspections. (Tape on File) Brewer stated that the easements had been settled, they had just not been recorded as of yet. Gary Smith, City Engineer stated that he has had conversations twice with Jim Potter requesting the easement, but we have not received it yet. "I am assuming that it has been settled because they did go ahead with construction." "It is my understanding that it is settled, we just haven't received any documentation as of yet." Greg Walker, Water Department,stated that they would like to take a bacteria test on this also. Item 6 Keith Jacobs, ACRD; Re: Catherine Park Keith Jacobs representing Ada County Highway District, stated that the ACHD would be considering the culdesac request at Catherine Park. Nir. Jacobs explained that Catherine Park is requesting a modified ha,7merhead and not a full complete culdesac. Jacobs: "I would like to get some feedback from you, on how you would like to proceed with that request." Jacobs went over the plan. (Tape on File) There was discussion concerning the problems of having a hammerhead. (Tape on File) Smith: "They (Catherine Park) have just used more of the property than is actually theirs by deed." "Both ends of Cathie Lane have created problems." Roger Welker, Fire Chief: "There is no way you are going to get a truck down in there, even to back it up." Kingsford: "I think they have some more work to do. I certainly think that we have to stay with the culdesac or something that you can turn a truck around." "That was the original agreement with them. "I think that we ought to stay with the culdesac, or an alternative that would grant a turn -a -round." Mayor Glaisyer: "That was our original agreement. Is the Council in agreement, or do you have other opinions?" Brewer: "That was the original_ idea." There was discussion. (Tape on File) Is was the decision of the Council after discussion that they, would request the culdesac per the original agreement with Catherine Park, or an alternative that would grant a turn -a-round. Jacobs thanked the Council for their time, and stated that their input would help ACHD a great deal. Meridian Ci Hall .5. Agenda 4 (Cont 'd) ARNIE SUB PRELIMI1ZARY PLAT...... 17, 1982 Mayor Glaisyer: "This is a Public %Tearing. Is there anyone in the audience that wishes to convent?" Jon Ilvezda: "In the public hearing notification letter -we received, it stated these would be sold as condominiums - I heard you mention duplexes." Nark Allen: "They will be sold as concaminiums - each would be a separate parcel." Vern Schoen, Bldg. Inspector,stated that these would be "Townhouses" and that he thought AOID's comment was intended to finish the stree out with curb, gutters and sidewalk rather than side street. Earl Ward, Wastewater: "The all weather surface would be necessary" Gary Smith, City Engineer, stated that the sewer service for this property is contingent on sewer lire being installed down Cathy Lane. Potter & Associates had informed him they would lower the grade of the manhole in East State so this could be extended to this property., The revised plans have not been studied yet and Smith explained the grade set would depend on Catherine Park. Mayor Glaisyer closed the Public Hearing at this time. There was more discussion concerning sewer grade and Engineer Smith demonstrated sewer grade and extension plan on map for the Council. (Tape on File) Attorney Crrckston left the chamber to check on the rules constituting a Quorum. Councilman Orton had abstained before the Hearing on Arnie Subdivision and Councilman Brewer was absent. Councilman Kingsford moved that the Council go on to other business in the meantime. Tolsma seconded the Notion. Motion Carried Item OTHER BUSINESS 1. Mayor Glaisyer Proclaimed POPPY DAY for the City of Meridian as May 20, 1982. Item 2. mayor Glaisyer read Ordinance No. 407 entitled: hAN ORDINANCE AMENDING TITLE V, CHAPTER 1, ENTITLED DEPAPrME^i3T, VaTER SYSTEM, OF 11E REVISED PAID CO1,TILED ORDINANCES OF TFX, CITY OF MERIDIA1,1, ADA COUNTY, IDAHO, BY AMENDING SECTION 5-105, APPLICATION TO wATER SUPERINTENDENT FOR SERVICES. Bruce Stuart, Water Sup't., explained that any owner desiring water supply can make application and sign an agreement with City T1,Taterworks for the purpose of obtaining someone else to put in the service. Mayor Glaisyer: "Is there anyone from the public that wishes Ordinance 407 read in it's entirety?" There was no response. The Motion was made by Kingsford and seconded by Orton that the rules and provisions of 50-9002 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance Number 407 as read be passed and approved. Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea Item 3. Engineer nary Smith, J -U -B ENGINEERS, INC., stated that Bob Sorcic, Ada County Highway Department, had contacted him and indicated that the concept plan that was submitted by Jim Potter shows a bike path on the west side of Five Mile Creek along Catherine Park Subdivision. Sorcic was wanting to ask for a seven (7) foot wide easement south side of that Subdivision which would be Lot one (1), and also a seven (7) foot wide easement along the north side of what would be Arnie Subdivision - for a total of 14 feet for bike pathway. There was discussion concerning the City's status on the bike pathways in this area, from Pine to Fairview. Smith stated that Sorcic indicated that all bike and pedestrian pathways would be maintained by the City Parks Department. Councilman Orton stated that this reminded him of the issue that AC'.D raised seven years ago on drainage ponds - now they are going around trying to find someone to give the ponds to - they wont maintain them, they are eye sores, terrible wasteful rn^�rnitrunt� (-)f oc"! 1,-Yrn+.n.� f•�r ��; ilu, fold Tnwnr,), Orton ,'k - a 7 Meridian City Hall .6. May 17, 1982 Item 3 (Cont'd) OTHER BUSIr•TESS......... it was approved by the Council. He also stated that his vote at that time of conceptual approval did not apply to anything specific. Orton: "Before we start requiring additional right -of --way's for easement - for any purpose - I think we had better be real careful because they become weedpatches, I don't think the Public [cork's has a plan to take care of the, I don't and ACHD apparently doesn't." Councilman Kingsford stated that it was his understanding this would be the Evners Association type of development in the Concept Plan. "If Catherine Park want's to put a bikenath through, they would have to maintain it." City Engineer Smith stated that he would report back to 114r. Sorcic. Agenda 4 (Cont'd) ARNIE SUBDIVISION PRMLjNARY PLAT........ Attorney Crookston entered the Chamber at this time and advised the Mayor and Council that there is a QUORUP4. Arnie Subdivision Preliminary Plat was again brought forward. Mark Allen: We would like to go ahead and curb and gutter with three (3) access." Allen also agreed with a 40 foot right-of-way from centerline of East Pine. Allen: "We would like to agree to surface .the area along the south line of Lot 8 and the north line of Lots 1 through 6 - then attach that to the alley, but not surface between East Pine and this alley (the west side). (Aller. pointed out surface intention on map and manhole locations were indicated to Earl Ward, Waste7viater_ Sup't) (Tape on file at City Clerk's Office) The 1ADtion was made by Kingsford and seconded by Tolsma that the Council approve ARNIE SUBDIVISION PRELIMINARY PLAT conditionable upon that they meet the requirements of the City of Meridian Planning and Zoning, City Engineer, improve their side of East Pine forty (40) feet from centerline, curb and gutter, and that they surface the back of Lots one (1) through six (6) and south line of Lot 8 for sewer access. Motion Carried: Kingsford, yea; Tolsma, yea Orton, Abstain mark Allen requested a variance to begin construction on his own house before Final approval. Mayor Glaisyer stated that Allen should not be granted a variance to begin construction until some more study has been completed between Potter (Potter & Assoc.) and City Engineer Smith. The Mayor instructed that Pair. Allen be placed on the Council meeting agenda for June 21, 1982. Agenda 5 Michael Gray, 1562 Storey Ave. - Water Usuage No Representation Agenda ENGI:��.�ERING 0 City Engineer Gary Smith presented CONTRACT CHANGE ORDER NO. 1 1982 Sewerage Project Residential Wasteldater Service Line Rehabilitation. Smith: "When we first started the project the intent of the contract was to replace the service line from the service tap in the street to the residence at it's foundation. As they began to open these things up we found several other problems existed with the Sewer lines, besides the residential service lines. In many instances the length of pipe that was being replaced was different than the length of pipe we had shown on the plans - either the tap was not in the correct place in the street or it was not in the correct place at the house. The first item in the Change Order deals with the additional length,of pipe. The bid amount that Nays Construction Company had for the Construction Contract, iridian City Hall Play 3, 1982 Regular meeting called to order by Mayor Joe Glaisyer at 7:30 P.M. Councilmen Present: Bill Brewer; Grant Kingsford; Ron Tolsma; Rick Orton Jr. Others Present: Bruce Stuart; Earl Ward; Tom Marks; K. Wood; Lloyd Howe; Vern Schoen; Jim Potter; Roger Welker; Coenraad Abas; Ray Sotero; Bruce McDonald; Wayne Crookston; Gary Smith; Leroy Nelson a Minutes of the previous meeting held April 19, 1982 were approved as written. Item 1 Catherine Park Final Plat Jim Potter was present representing the request for Catherine Park Final Plat. Potter: "We have received the comments from City Engineer and.Water and $ewer Department and we have made the necessary revisions to reflect those on the plans. We would ask consideration on one item. On East Washington the staff requested that the 8" water line be extended to the edge of the ditch. The alignment for that 8" water line. compared to the rest of East Washington is on the North side of centerline. In this particular area, that property is beyond control by Mr. Marks. We are, as a matter of information, in the process of working up a preliminary plat on Ruth Crow's property. It would appear that particular extension of that water line in that area should be pertinent to her development, since the alignment is on the North. There was discussion and drawings made on the plat. (Tape on File) Potter: "We also are extending Water and Sewer stubs to the 25' line on the West side of the property line where Ruth Crow would plan her development." The Motion was made by Orton and seconded by Brewer to approve Catherine Park Final Plat as modified with the change in the water line discussed in this meeting. Motion Carried: Kingsford, yea; Brewer, yea; Tolsma, yea; Orton, yea Item 2 LeRoy Nelson, Manager Meridian Speedway LeRoy Nelson, Manager Meridian Speedway was present requesting a variance for a 8 X 8 addition to the concession stands at the South end of the Speedway, to be constructed the same way, and meeting the same codes as the variance granted last year did. Mayor: "Vern, do you have any comments on it?" Vern Schoen, Building Inspector: "No objection, as long as the'Council gives a variance." Mayor: "Roger, do you have any comments on it?" Roger Welker, Fire Chief: "No, not as long as it stays within the fire code." Councilman Brewer: "This is for popcorn sales?" Nelson: "Popcorn and snowcones only." Councilman Orton: "There wasa lot of discussion last year when we granted a variance about the realtive safety of these stands. Was there any problems at all?" Nelson: "No, none what -so -ever. We met all requests by the Health,Department and th;e,,Fre Department." The Motion was made by Kingsford and seconded by Tolsma to approve the 8 x 8 concession stand with variances to the building codes. Motion Carried: Kingsford, yea; Brewer, yea; Tolsma, yea; Orton, yea 0 Meridian City Hall Item 2 (Cont'd) Franklin Condominiums - Final Plat ........... The Mayor thought this was adequate. • r , � April 19, 1982 The Motion was made by Orton and seconded by Brewer that the Council accept the Final Plat of Franklin Condominiums. Motion Carried: Kingsford, yea; Tolsma, yea; Brewer, yea; Orton, yea Item 3 Catherine Park - Final Plat Dan Green, Potter & Associates, Inc., and owner Tom Marks were present to request approval of Catherine Park Subdivision Final Plat. Plat was displayed. Councilman Orton: "On the second page there is a temporary easement on the culdesac shown, what kind of easement do you have?" Marks: "We have a verbal easement and it is being put in writing." It was determined that it is not a public easement and on a private lane. Marks stated that there would be an easement to go all the way through to Washington Street and this was a temporary culdesac util Washington does go through. The temporary easement would be recorded in the name of the Homeowner's Association or the owner, then the plat would not have to be amended. Councilman Kingsford requested that the utilities easement across the Crowd property be left open to the City as a guarantee of access. Marks stated that had been anticipated. There was discussion concerning suggestions and final approval of Public Works. (Tape on file) Fire Chief Welker requested that the Fire hydrant placement be on the corner curb so it would be accessable from both directions. Designation was made on Plat. Councilman Brewer requested tha Marks stress in the covenants that the property owners are responsible for the parking. Parking to be off-street, making it possible for fire and police protection. Brewer stressed this importance of controlling the no parking and suggested this may be written in the property owners fire insurance. Department Heads reported that they did not have sufficient time to review the Catherine Park Final Plat. Engineer Smith stated he would desire to review the Plat. The Motion was made by Orton and seconded by Brewer to table Catherine Park Subdivision Final Plat. Motion Carried: Kingsford, yea; Tolsma, yea; Brewer, yea; Orton, yea Item 4 Hearing - Brooklawn Farm Estates Annexation Dean Rule was present representing Beth Biddick in the request for Annexati(In of Brooklawn Farm Estate_, Annexation located on the South East corner of Pine and Linder. Rule presented the Mayor and Council with a copy of U.S. News and World Report, April 12, 1982 featuring the quality, benefits and popularity of The Mobile Home. Meridian City Hall .5.__ _ April 5, 1982 Agenda 4 (Cont'd) Sanitary Service Variance......... The Motion was made by Orton and seconded by Kingsford that the City Council grant a variance to Mohammad Alidjani dba Sanitary Service from the Uniform Building Code to allow the use of the building at the rear of property located at 423 West Broadway for three (3) years. Motion Carried: Brewer, yea; Tolsma, yea; Kingsford, yea; Orton, yea. Drawing of building on file with these minutes. Agenda 5 . CATHERINE PARK SUBDIVISION PRELIMINARY PLAT James Potter, Potter ane Associates, Inc., was present to represent Catherine Park Preliminary Plat in behalf of Tom Marks, property owner. Potter summarized previous comments regarding Catherine Park Subdivision. Potter: "The Highway District had comments concerning the one-half street and their desire to see a number of other streets go through. Mr. Mark's and I met with the Highway Technical Review Staff on March 29th and discussed each item with them. They concurred they woul accept Catherine Lane as a private Lane if the Council approved that action. They would desire the Lane to be built as a half street standard and to their construction specifications - which would mean certain tests, etc, be conducted and inspection reports written. ACHD would not accept those as there is no dedication at the time. We would suggest that be done and those records be maintained on file here so that in future time, when the properties are developed to the west, that street could, in fact, be eligible for dedication without reconstruction. Also, your City Engineer and County Engineer has questioned whether the project is in the flood prone area." (Flood Boundary and Soil Data Map was distributed) "With your reference to a copy of the HUD Flood hazard boundary you will notice Five 11ile Creek has a designation for a flood plain, Zone A, south of the Railroad track - there is no zone designation north of the railroad track, principally because the ditch is substantially deeper in that area." Councilman Orton: "Why does the flood plain suddenly quit at the railroad track - does that mean that is the last downstream restriction to the flow, and so every- thing downstream from there basicaaly stays within the channel?" Potter: "Yes, that's a relatively small structure - that creates upstream flooding." "On the question raised regarding payment for future development on Washington St. 'we discussed with ACHD and would recommend to you, since the applicant is bringing the street up to gravel base at this time, and since the elevation of the future structure across Five Mile Creek is not known, that the applicant have the oppor- tunity to negoitate with ACHD an appropriate amount to be set aside in their trust fund for the paving of that portion. Also, Mr. Smith questioned the avail- ability of easements and we want to assure you that agreements have been reached for those easements for the sewer line and if accepted as a private lane the applicant would grant the City an easement through, which would be designated as Catherine Lane. The other consideration is the vacation of East State Avenue Extension which was accepted by the City and subsequently by the County November 1970. We feel this area would be best served by terminating that street with a culdesac and going through a normal vacation procedure and - vacating one-half of it to either property owner." Councilman Orton: "In vacating that State Street right-of-way, your culdesac takes in a little bit of land in the Subdivision - it also takes in small chunks of adjoining property - has that all been agreed to?" ,Potter: "Yes sir. He is amenable to that because he would gain a substantial 'piece of land." The Council was presented a petition signed by adjoining property owners stating that the have no objection to the double -wide modular housing. There were three (3� parties within 300 feet that Mr. Marks was unable to contact. Meridian Citi/ Hall .6. _April 5, 1982 Agenda 5 (Cont'd) Catherine Park Sub........... "Only one (1) neighbor opposed, primarily because he was a stick builder" Potter: "In regard to Fire Chief Welker's comment on the placement of fire hydrants and looping the water line to East Washington Ave. - We would propose that the water line in Catherine Lane be designed for future looping. However, the land over to East Washington is not under the control of him (Nark's). As far as the placements of fire hydrants we intend to place in accordance with Idaho Rating Bureau criteria to meet the existing rating established for the City of Meridian. So, with all of this in mind, we request your favorable consid- eration and several variances which we believe are appropriate. As mentioned in our earlier submittal, we would request set back variances Front 10 ft, side street 10 ft, side yard 5 ft and rear yard 45 ft. Street standard variances a. Approval of Catherine Lane as a private lane to be maintained under a Home Owners Association. b. Construction standards of Catherine Lane be ACHD standards but only a half street be constructed. c. Vacation of E. State Avenue extension and acceptance of a permanent culdesac. d. E. Washington Ave. be constructed to gravel base only. e. That construction test and inspection reports be performed in accordance with ACHD Standards and that copies of same be filed with the City to use in any future dedication to ACHD, f. That the typical section of Catherine Lane be as follows: 24' pavement width with an extended asphalt curb on the west and rolled curb and gutter on the east and extending thru the culdesac. and in regard to g. Mr. Marks had several discussion with manufactures and it was determined that the dwellings proposed meet all UBC requirements except the floor structure. The structural strEngth exceeds that of a stick built design but it is not the same - it is of steel structure with cross members. So, we request that manufactured housing be accepted including mobile homes, provided that all units have an exterior appearance of on site frame construction, meet current electrical and plumbing codes; meet UBC codes for house construction except for minor deviations in floor structure design." Mayor Glaisyer disapproved of the late presentation of documented changes and questioned the Council as to their feeling. Councilman Orton: "I have done some investigating on this Mobile Home reference and how they do and don't conform with the UBC. I found there could be, depending on which manufacture and which model he's making, be either conforms precisely with UBC or there can be any number of deviations. For example, you get all the way down where you don't have 2x4 studs in the walls and no exterior sheeting. Now the.only variance your asking for is dust the one where they put steel structure under it to move it as opposed to the normal wood structure?" Potter: "Correct" 'Orton: "So you are saying in all other areas it would meet UBC?" Tom Marks: "That is what I have been advised by my particular manufacturer." Schoen, Building Inspector: "There is only two (2) company's that can manufacture under UBC and that is Boise Homes and Timberline in Boise - all others come out with Mobile Home standards. We would have to grant a mobile variance in any other. They have to have electrical stands same as a mobile home park or subdivision - I'm not sure on the plumbing." Orton: "Why couldn't we allow them to come in under our residential ordinance? We don't have a Mobile Home Subdivision Ordinance. Why couldn't we allow them to come in under our Residential Ordinance with whatever variances?" Schoen: "Maybe the Attorney can answer this, but they come out as mobile',homes. Manufactured housing with UBC standards, Fleetwood and so forth, has put out mobile home engineered structures they can vary - but they would have to be treated as the same thing as mobile homes - I think it's a good idea, don't get me wrong but you will have to call it a mobile home permanently - I don't think you can get I round it." 'Councilman Kingsford: "Will it be desirable to have electrical boxes and so forth like in a mobile court? Wouldn't it be more desirable to hook them up convention - 'Al ly?" w, Meridian City Hall .7. _April 5, 1982 Agenda 5 (Cont'd) Catherine Park Sub.......... Schoen, Bldg. Inspector: "That's part of the electrical code - I think the, plumbing would be the same situation, but I'm not sure. There has to be a but -off in less than 30 feet of the unit. That's the way they are inspected and set up. But, they (modular) are put out with a much better construction standard than a mobile home can be allowed. The thing you have to realize is that you have called it a "Park" because when you set up this way anybody can move one of those out and move'a mobile home in - except with covenants or anything else he (Mar's) might have. We do not enforce covenants." Potter: "They are intended to be permanent structures. I would think whether or not they had stands or not that requirement could certainly be worked out in designs." Schoen: "The foundations like Marks' is talking about has to be built to hold beams, not the trailer - just as a site factor." Councilman Brewer: "Is it not true, with the exception of the flooring, that this proposed home excels other standards that has been carried on in subsidized and some of our cheaper buildings within the City of Meridian?" Schoen: "That is hard to explain, Bill. Yes, I would say so in some methods - but if that's engineered for two (2) foot on center on these, studs and quarter inch paneling inside passes their standards. But then metal outside wouldn't pass UBC Standards." Councilman Orton: "So apparently the rest of the super structure, and of course plumbing and electrical, all meets the current code Potter: "Yes. If you recall in the first package we had a sample of the drawings of the various engineering. They all have exterior wood siding - they all have standard dimensioned exterior, exterior walls - " Schoen: "Two places they fall short - the floor and the roof." Orton: "They didn't seem to he asking for a variance on the roof." Schoen: "But I, or anybody else, wouldn't kgive a UBC stamp, because this is all under the Labor Department - not me. Mobile homes come out under Labor Departments." Inspections were discussed. (Tape on file) Councilman Orton: "I still don't see the reason to call it a Mobile Home Park, which it is not, or a Bubdivision; which it is - I don't see how that protects us anymore than if we were to just say "we'll allow these with the one variance. to the UBC". If at that point, if we allowed it that way, and the motion went through like than, how could they move one of these off and move just a cheaper tin -type strufture in there? First of all they would have the rear end in the creek." Schoen: "The only control you have is the covenants - which we do not enforce." Potter: "As a structure, you have the requirement of obtaining a permit to'move it." Schoen: "Eleven bucks to the City - that's just like moving to a mobile hone park. If someone wanted to fight it and do it that is all they would have to do - come back and ask for a $11.00 permit." Mayor Glaisyer: "Torn, what is your timing as far as development?" Tom Marks: "As soon as I get approval we plan to start construction immediately. �My house is sold in Boise and I want to move in." Councilman Tolsma: "This No. 1 lot where you have drawn in dark lines, is actually going to be bigger?" Potter: "Yes" Tolsma: "I see nothing in the provision here for "No off-street parking" - Potter explained that an easement agreement could be given the City for ingress and egress and for emergency vehicles, etc., over and across that property. Tglsma stated that if vehicles were parked side by side there would be no way to get a fire truck through there. Potter stated that he thought by easement those rights can be granted for enforcement of "No parking". Agenda 5 (Cont'd) Catherine Park Sub........... No 0 April 5. 1982 City enforcement of "No parking" on private property was discussed. (Tape on File) Attorney Crookston stated that he did not know of this being done any other way than by making an agreement. "The same thing comes up on School grounds - we didn't find any basis for the City to allow that one way or another." Potter: "Do you feel that giving the City a particular easement would give the City sufficient authority?" Attorney Crookston: "A public right-of-way can be given to the Highway District, or to the City, if .they will accept it, by means of an easement. You would have to have an easement to do that. The control of the actual roadway would have to be in the City. I question if it (Catherine Lane) was still a private lane whether or not you can have an agreement so our officers can enforce the City parking regulations." Councilman Kingsford: "Can it be a private lane - and the City have an easement - and still enforce the parking?" Attorney Crookston: "I don't see how it could." Kingsford: "I would have liked to have had time to review this better -" Potter: "We really thought we were doing you a favor by bringing written responses instead of verbal responses. I apologize that the time was short, but we did have other meetings we had to conduct before we could prepare some of the answers." Councilman Brewer: "I feel everything we have seen written today has been discussed before - I think right now it boils down to the street problems. The entire concept is new to the City of Meridian but we must realize again that this gentleman is working with a piece of property that could go on being weeds - undeveloped forever. By the same token, by working with a project like this the City is setting a precedent for similar circumstances that might come before the City. In a great many ways it supercedes a mobile home park. We had some people come before us last meeting with visions of promoting another Trailer park within the City of Meridian that would be very much like Rose Park Circle and we seem to be very receptive to it. Along the same line, I think this (Catherine Park Sub) is superior to even Rose Park Circle. I think there are few minor hangups but the important part is the streets. I can't see further tabling it as that can be solved." Councilman Kingsford: "It is something new and I would like to see it be done correctly the first time. I agree that this is the route to go on this piece of land, but I would like to have it done right to begin with - we owe it to ourselves and the City to make sure it is done right." Councilman Orton: "As far as the only thing that is changed, on the roadway, from the last time we looked at this, is the dedication on East State Street." Potter: "That's correct" He sta:.ed that he felt there was no problem that couldn't be written in final documents. Orton: "Referring to "d." in letter presented dated April 5, 1982, you indicated on East Washington you would bond for the future construction once the bridge structure gets set - the ACHD I believe, will ask you for a bond." Potter: "Correct" 8rton: "Then as far as the water system goes, Bruce and I have had enough trouble *over a couple of dead end lines that we would ask you for a blow -off or a hydrant at the north end - I would like to add that." The Motion was made by Orton and seconded by Brewer that the Council allow Catherine Park Subdivision Preliminary Plat approval with the variances 1 and 2 as identified in the April 5, 1982 letter, pages 3 and 4, with the addition of a blow -off require- ment and the bonding for the improvement on East Washington Street; stay in the City as "A" Residential with variances allowed to the Uniform Building Code to allow the metal framed floor structure common in mobile homes; and all commitments stated by applicant and application be fulfilled. Motion Carried: Brewer, yea:, Orton, yea; Tolsma, yea Kingsford, nay i. � o 4a j i G a .'a 198?_ -- �j Meridian Cit Hall -- Agenda 5 (Cont'd) Catherine Park Sub........... Letter dated April 5, 1982 directed to Mayor Glaisyer and City Council by Potter and Associates, In,—, representing Toni Marks, Catherine Park Subdivision is on Ii file with these minutes. §Agenda Bills were read. ;6 The Motion was made by Kingsford and seconded by Tolsma that the bills be approved. F Agenda 7 i �i a `i L i "t Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea DEPARTMENT REPORTS Wastewater Superintendent Earl Ward reported that the HUD Grant Sewer Rehabilitation Project is moving forward satisfactorily. Councilman Orton reported that Public Work's Superintendent Bruce Stuart has located a Dump Truck, in very good condition and has saved the City a great deal df money. Mayor Glaisyer called for comments from the public. There was none. The Motion was inade by Kingsford and seconded by Brewer that the meeting be adjourned at 8:39 P.M. Motion Carried: All yea Meeting adjourned. Jo;eph L. Glaisyer, Playor ATTEST: L.aWana L. Niemann, City Clerk Mayor & Council Planning & Zoning Commission All Department Heads Attorney Gus Hein Newspapers (4) AIC;ACHD;Central District Health Ada County Commissioners Ada County Zoning Director Potter & Associates Upland Industries Mohammad Sanitary Service Councilmen Present: Grant Kingsford; Bill Brewer; Rick Orton Jr.; Ronald Tolsma Others Present: Danny Green; John Bielenberg; A. Bruce Cleveland; Vern Schoen; Wally Lovan; Doug Nichols; Bruce Stuart; Larry Chetwood; Kenneth Marler; Dorothy L. Rule; Dean Rule; Tom Marks; Nadine Miller; Gary Smith;,Earl Ward; Keith Boyd; Roger Welker; Coenraad Abs; Ray Sotero; Reynold Schenck; J. J. Howard Minutes of the previous'' meeting were approved as written. Agenda,. 1 Lee.-Stucker-'Bethavin'Subdivision Lee Stuckerrwas present to request,a time extension before construction of Beth in Subdivision, Final Plat was approved one year ago. The motion was made by Kingsford -and seconded by Tolsma that Lee Stucker, Bethavin Subdivision, be, granted a,one year time extension. Motion Carried: Tolsma, Yea; Orton, yea; Brewer, yea; Kingsford, yea Agenda. 2 Hearing - Catherine Park Subdivision Danny Green was present representing Potter & Associates for developer Tom Marks. Green: "I'm representing the preliminary ',plat for Catherine Park an area off the end of E. State and E. Washington, between' Five Mile and the proposed 6th Street extension; This.is the third or forth ;pnp�vsal for that area, and due to the shape of the area it is pretty hard to come up with a feasible plan. We think that this is a good plan for that area. Mayor Glaisyer: "Have you seen the recommendations by Ada County Highway District?" Green stated that Mr. Potter had reviewed these recommendations and would be handing them. Mayor;Glaisyer: "Can you comply with all these requests?" Green: "I'm not sure," Tom Marks: ."We can't.comply with all the requests by the Ada County Highway District. W°are going to negotiate with them and come up with a reasonable solution agreeable with them and with the developer. Basically the reason we can not comply is that we don't have control of the property that they want us to put streets through." Orton: "Of the conditions in.the Ada County Highway District requirements which ones in'particular do you have trouble with at this point?" Marks: "One is the Northern ha.1f of Catherine Lane the easement that shows on the map is actually.not a designated easement," "The other half is not my property". Green "The ownership of:the.,pr_operty is actually deeded to the unplatted portion." Orton; "There is no recorded ingress egress?" Marks.; 'Right"; "The other thing that we are going to talk to them about is the ,ttextension of State Street to the canal, barcades at the canal." "I believe that any extension would be on Washington Street." Marks displayed position of proposed cvldesac., He stated that he doeswt°control the South half of State Street either and ACHD,had a requirement on this also. "We will be putting in an easement for Washington, and we will be a road to half road standards." "At the point where the road does go all the way through then they will develop the other half." Tolsma-questioned,the-,private lane. Marks.;,," AND stated that this section could stay as a private lane, but there on out they wanted a 'half .street. Orton:,, "What-if'they (ACHD).would ask you for the dedication of that half road?" that at a11," Marks: "I have�no problem with Meridian City Hall Pace 2 March 15, 1982 777­7— Agenda 2 (Cont'd) Hearing - Catherine Park Subdivision . . . . . . . . . . . . . . . Brewer: "Are:you going to allow parking?" Marks: "No street parking." Chief Doug Nichols stated that we have no control over street parking on private 'property. Mayor.Glaisyer: "Are you conducting negotiations with ACRD?" Marks: "Not yet." Orton: "Where you hook up to water and sewer?" Marks: "Water.is on State and sewer is directly North." "No lift station necessary." Kingsford: "And there is no problem with the easement through Crow's property?" `Marks.: "No, She has agreed to that easement." Orton: "This is not an annexation'." Marks: "This is all ready in the City." Brewer: "About the only problem that I can see is that the property be deeded over to ACHD, so that the City has -control over the parking situation." "Something no wider than that, it would be impossible to get emergency vehicles of any kind down there." "That is one requirement that we should probably have at this time." Mayor Glaisyer: "Gary, do you have any problem with the culdesac at the end of E*State Street?". Gary Smith: "It depends on what the concept East of Five Mile Creek is going to be." There was discussion concerning the OLD TOWNE concept. Green: "Mr. Potter indicated that the only proposed crossing would be at Washington Street,in any future development." Kingsford questioned.the statis of Ruth Crow's property, and what might happen to E. Washington. Marks stated that to his knowledge, She indicates developing some day. f Mayor Glaisyer: "Who will pay for the bridge crossing on East Washington?" Green: "Hopefully, OLD TOWNE development, at that time of developing." Brewer question turn -a -round,. Marks stated that he had talked to the Fire Marshall about a temporary turn -a -round. This street would eventually be'.graveled, and used as overflow parking. They would not have to park on the street, and would give the Fire Trucks access to the rear of the lots also. There was more discussion on parking. (Tape on File) Orton: "Have you got good off-street parking everywhere?" Marks: "Yes." Orton stated that this a very difficult piece of property to develop, and so far there has been no concept that.has been able to meet all the requirements. It is eithergoing to be something like this concept or a permanent weed patch. There was discussion on the lot sizes. (Tape on File) Mayor Glaisyer: "Are these going to be stick built houses?" Marks: "Either stick built or manufacured housing." Mayor Glaisyer:. "Vern, how does manufacured housing relate to our Ordinances?" Vern Schoen: "Like Boise Cascade, Fine." Marks: "What about double wide Mobile dwellings?" i/ern,.Schoen: "Then you have to go to our City Mobile Home Ordinance." Schoen ;. explained the construction codes. (Tape on File) It was determined that these would be manufactured homes brought in and put down on foundations. Marks: "The homes that could possibly go in would be manufactured like Fleetwood, or something like that, or Boise Cascade. It would meet the Ada County Ordinance, Hance9 stick constr, ction, wood .exterior, asphaltha1t roof, it would be set down on a permanent foundation. Mayor Glaisyer stated that the City of Meridian has not adopted that Ordinance. I I Meridian Cit Hal 1 Page 4 March 15, 1982 i. Agenda 2.(Con V d) Hearing - Catherine Park Subdivision . . . . . . . . . . . • • , Fite Chief Welker questioned placement of fire hydrants, and stated that this is a dead end water line -`Washington should be loop water line. ,,'--Marks stated he had talked to the Fire Marshall who suggested that this be brought down to one of the center lots this could be adequate. This would be less .than 300 feet on either side - the fire hydrant. Welker: "We need two fire hydrants - one on East State and one on Washington." Mayor questioned if this would be a public utility on a private drive. Marks stated he could give utility easement. Mayor: "Does anyone A n the audience wish to make a comment regarding this .R hearing :,for preliminary plat Catherine Sub? There was no response. "Hearing Closed." Kingsford: "I'not sure I agree with that street being dedicated all the way down in light of it most likely will -not ever be developed - I not sure that I wouldn't i rather -it remain a private lane." Brewer:. '"I did not realize that the property was tied up to the West. This is the problem that has happened to this property all the way along. This concept is a beautiful for this property." a. ' :The motion was made by Kingsford and seconded by Orton that the Catherine Park Subdivision preliminary plat be tabled. 1 Motion Carried:. Tolsma, yea; Orton, yea; Brewer, yea; Kingsford, yea 1 Agenda HEARING - Broadway Estates West Annexation 3 Mayor Glaisyer: "The Broadway Estates West Annexation Hearing is now open." Dan Wycherly, American Realty,and Jim Howard of J.J. Howard Engineers was present representing the Annexation request of Lorin Saunders Broadway Estates West. Wycherly: "'We are proposing an annexation and rezone to "A" Residential of property located adjacent to 8th Street and Broadway." (Wycherly displayed map indicating the are) "Approximately ten (10) acres are involved in the project. Broadway Estates West will consist of Townhouse units and be in the price range of $45,000 to $50,000. ;Due to the economic times, we plan to do a very conservative phase development with t� ;the first -phase consisting of four to eight units. You have a conceptual plan and we would like to emphasize that this is a conceptual plan and we do have plans for professional landscaping making it a very pleasant, family oriented, type of Subdivision - to make it a type of property that would improve areas that are adjoin- ing it. :We plan to have common careas for playground and recreational areas. The property is contigious to the City of Meridian and there is City water and sewer at adjoining property. We would also li-ke to emphasize that we are anxious to develop this property in such a way as to meet the desire of the City of Meridian for the growth and development of the community and make it a place where people will be proud to live as families." ' j Councilman Orton: "Does this create an enclave with Broadway Estates?" Councilman Kingsford: "This is part of the City." Councilman Tolsma "I have property that borders on the north side and a lot of the property owners that live on both sides of me are already displeased with the kids cutting back and forth across their yards for a shortcut. All residents that I have contacted are totally against this unless there was a possibility of a six foot + high fence, or,some,other means of deterrent, that would run the full length east :and west and alsonorth and south on the west end," Wycherly: - because we have the location of the schools over here it creates fthe cutting across the properties." 7-71 HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS JACK M.KIEB RT.Tre superClerk CITY OF MERIDIAN A. M. KIEBERT, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney 728 Meridian Street EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Chief MERIDIAN, IDAHO ROY PORTER, Police Chief 8384E GARY SMITH, City Engineer Phone 8884433 GRANT P. KINGSFORD Mayor February 13,1986 Mr. Paul Stutzman 1960 E. Franklin Rd. Meridian, Idaho 83642 Dear Mr. Stutzman: COUNCILMEN BILL BREWER RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER BOBSPENCER Chairman Zoning 8 itanning Re: Catherine Park Subdivision The City of Meridian Water and Wastewater Superintendents advise me that the installation of this subdivisions' sanitary sewer system and domestic water system has been satisfactorily completed. These systems have passed the necessary tests, in accordance with City Standards, and are hereby accepted by the City of Meridian for owner- ship and maintenance. The installation of water meters will be predicated on your compliance with the contents of the letter, dated February 11, 1986, that you have submitted to Water Superintendent Bruce Stuart. The final elevation of the meter tile lid needs to be 18" above the top of yoke. There are two items that need to be completed prior to fifty (50) percent completion of your lot developments. These are: 1. Flow test of the outlet water pipe from the City's ground water well at E. State and 5th St. that crosses your cul-de-sac area and, 2. Construction of a catch basin and gravelled all-weather turna- round at the north end of Cathy Lane. (Copy of your letter acknnwledging this is attached.) In accordance with City of Meridian policy, the installation and materials of the sewer and water system are to be warranted against defect by your Contractor for a period of one (1) year from the date of this letter. Si erely, Gary D Smith, P.E. City Engineer c.c. City Clerk Bruce Stuart Earl Ward s City o." Meridian To Whor. it may-oncern, I 0 Igo-, ember t, 196L This is to acknowledge the need for a catch basin and turn around (graveled) at the end of the project as outlined and drawn on plat plans. I will see to this constt%uction before the project is fifty (50) per cent completed. If it can be arranged with qv digger, construction will be this year before the weather shuts us off. I •'� EIV rr_D EX CITY OF hAERIDIAN CITY ENGINEER ll-9•� Thank You* `�� • 9 TOOTHMAN-ORTON ENGINEERING COMPANY C. TOOTHMAN CONSULTING ENGINEERS AND PLANNERS PAUL S. KUNZ ,RD F. ORTON, JR. 1802 NORTH 33RD STREET DON O. PAYNE BOISE, IDAHO 83703 TELEPHONE (208) 342-5511 Mr. Jack Nieman City of Meridian 728 Meridian Street Meridian, ID 83642 Dear Jack: Re: Catherine Park Subdivision December 21, 1984 File: 401-8420 Enclosed are three copies of the second revision of the record drawings for the water and sewer for Catherine Park Subdivision. Gary Smith requested that the sewer services placed with the main line north of the subdivision be added to the drawings from information supplied by the City. If there are any questions, do not hesitate to call. Very truly yours, TOOTHMAN-ORTON ENGINEERING COMPANY Paul S. Kunz, P.E. PS K/ bi enclosure cc: Monty Marchus w/2 enclosures RESTRICTIVE COVENANTS Date: November 5, 10 aRecorded: The undersigned, being the owners of the property hereinafter described, adopt the following covenants to apply to the CATHERINE PARK SUBDIVISION, Meridian, Idaho. CATHERINE PARK SUBDIVISION is divided into single family residential lots in compliance with local and state regulations and laws. (1) The ground floor living area of a olie.story house in this subdivision shall be as per City of Meridian ordinances. No residence shall be in excess of two stories. Structures shall be conventional, on-site construction. Fences shall be of good quality and workmanship and shall be properly finished and maintained. The location of fences, hedges, high plantings, etc. shall be so situated as not to unreasonably interfere with the enjoyment and use of neighboring properties and streets. (2) No building shall be located on any lot nearer to the f ront lot line or nearer to the side and rear lot lines than the minimum building setback distances as set forth by the City of Meridian for special setback requirements for Catherine Park Subdivision. No building shall be located on any lot nearer than ten (10) feet from the front lot line, and forty-five (45) feet from the rear line, five (5) feet to any interior side line, and ten (10) feet from the side street lot line. (3) Nothing of an offensive, dangerous, odorous, or noisy kind shall be con- ducted or carried on nor shall anything be done or permitted in said subdivision which may be or become an annoyance or nuisance to the other property owners. Weeds shall be kept cut to less than 4 inches high. (4) Keeping or raising farm animals or poultry shall be prohibited. All dogs and cats or other household pets shall be properly fed and cared for and shall be adequately fenced so at not to annoy or trespass upon the property of others. Dogs shall not be allowed to run at large. No business shall be conducted on the above property that cannot be conducted within the residence of the owner. No signs shall be installed to advertise said business. No oil or gas exploration or development shall be permitted. (5) Only one outbuilding per lot will be allowed. All outbuildings shall be constructed of good quality building material, completely finished and painted in harmony with the other building on said property. (6) Easements for installation and maintenance of utilities and.drainage facilities are reserved, as shown on the recorded plat. Within these easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installment and maintenance of the utilities, or which may change the direction of flow of water through drainage channels in the easements. The easement area of each lot and all the improvements in it shall be maintained by the owner of the lot, except for those improvements for which a public author- ity or utility is responsible. (7) The grantors are under no obligation to deliver irrigation water or to furnish rights-of-way in connection with the delivery of irrigation water to any lot or building site in this subdivision. (8; Ail bathroom facilities shall Meridian sewer and water systems. Ada County Central District Health be located inside the J001ding, connected to the Construction shall be of a type approved by the City, Department and the State of Idaho Health authorities. (9) No sign of any kind shall be desplayed except to advertise the property for sale or rent said sien being removed upon completion of the same business transaction. (10) No building lot shall be used as a dumping ground for waste material. Incinerators are not permitted. Reciptacles for storage of trash shall be maintained in a clean condition. Parking of junk cars or unused vebicles shall not be allowed on any part of said + property nor on any public street adjacent to said property. Owners automobiles and otber vehicles sball be parked witbio garages or parking areas on the property. Such vehicles may not at any time obstruct the use of any street, either public or private, adjacent to said property. (11) These covenants shall run with the land and be binding on all persons owning a lot within the subdivision for a period of tbirty (30) years from date of recording, after which time covenants sball be automatically extended for successive periods of ten (10) years, unless at any time after the initial recordingof this instrument, an instrument signed by owners of not less than seventy-five (75%)_ of the lots in the subdivision has been recorded agreeing to change or terminate said covenants in whole or in part. (12) Enforcement against any person violatine_ any covenant herein sball be bad by any property owners within the subdivision either by law or equity after ten (10) days written notice. In the event of a judgment against any person or persons for such violation, the Court may award an injunction against any owner and/or the holder of any recorded mortesee upon any part of said property, shall have the right to enforce, by any proceeding_ at law or in equity, all restrictions, covenants, reservations, liens and charees now or bere- after imposed by the provisions of this Declaration. Failure to enforce any covenant or restrictions shall in no event be deemed a waiver of the riebt to do so hereafter. (13) Additional Easements: In addition to easements shown on the recorded plat, an easement is further reserved 5 feet each side of all lot lines for installment of utilities, irrigation and drainage. Within all such easements no structures, other than fences, may be placed or permitted to remain. The areas may be planted and landscaped but may not be obstructed or altered to interupt the flow of drainage water through the easements. Said easements shall be maintained by lot owners except where a public utility is responsible. (14) All owners hereby agree to pay the City of Meridian all applicable connection fees and monthly service cbarees for water, sewer, and refuse pick-up. (15) Invalidation of any single provision of these covenants sball in no way affect any of the pther provisions which shall remain in full force and effect. (16) A homeowners association sball be formed by the current erantees. This association will be for tbe.purpose of ownine and maintaining the private road and on-site drainae_e or irrigation works wbich may be necessary to convey drainage and/or irrigation water tbroueh the subdivision for the enjoyment of adjacent properties. Property owners will be assessed for their share of costs. Until sucb Hemeowners Association is formed, the current erantees sball be underi- stood to be the acting body to perform all duties covered by these covenants, these erantees being the undersigned. A Curtis Dietl 304 Elder Nampa Idabo 83651 D�Arlene Y. Stutkman 1960 E. Franklin Rd. ' Meddle o8 4 i STATE OF IDAHO) COUNTY OF ADA ) ss Before me, Wm. Dean Mayes, a Notary Public for the above County and State personally appeared the hereto signed: A. CURTIS DIETZ and W ARLENE Y. STUTZMAN, who are known to me ;and who affixed their signatures in my presence this 6th day of November 1984 at Meridian, Idaho. ,�� r'�g� Wm. Dean Mayes Residing: Meridian Idaho My Comm Exp: Sept 3 1988 PROJECT_ 'atil.LL�" t.p.`,_ SOB NO. SHEET �! DESIGNED DATE l.�' ,. ITEM CHECKED DATE I _ 7-7 Y R I � i ' I ' � r e , I i �UcL i i I I { v { JU9:60 147B : Form 4CHD I-24 2/19/81 INSPECTION REPORT Sheet Of Project 7#f,f,A-1' G 7Z Inspector # 5 Contractor VZ11 ra :Z -a. Date Owner Permit # . Required improvements are complete as per plans on fide and Ada County Highway District Standards and Specifications. Exceptions noted below. / The following improvement portions are complete as per plans on file and Ada County Highway District Standards and Specifi-cations: Exceptions noted below.. EXCEPTIONS:' Additional Comnents: NOTE: If applicable, letter of release or partial release shall be available two (2) working days after this report is completed. -Notify the following when letter is available to pick up; otherwise letter will be mailed out on a routine basis. Developer /./ Contractor Signed - n ector uOriginal/office .use ?ellow%DevelDper Pink/Prime -Contractor • HUB OF TREASURE VALLEY • A Good Place to Live OFFICIALS CITY OF MERIDIAN JACK NIEMANN, City Clark A. M. KIESERT, Treasurer RICHARD D. NICHOLS, Chief of Police 728 Meridian Street BRUCE D. STUART, Water Works, Supt. WAYNE G. CROOKSTON, JR., Attorney MERIDIAN, IDAHO October 29, 1984 EARL WARD, Waste Water Supt. 83642 KENNY BOWERS, Fire Chief Phone 888.4833 GRANT P. KINGSFORD Mayor Mrs. Paul Stutzman 1960 E. Franklin Road Meridian, ID 83642 Dear Mrs. Stut2man: Re: Catherine Park Subdivision COUNCILMEN BILL BREWER RONALD R. TOLSMA J. E. BERT MYERS ROBERTGIESLER BOB SPENCER Chairman Zoning & Planning I have reviewed the final plat for this subdivision and find it conforms to what was originally done by Potter and approved by the Council. I am, however, in need of the following items prior to my signing of the plat: 1. City Approval of Restrictive Covenants. The copy I have was submitted by Potter with the preliminary plat application. Please submit the revised covenants with attention to Councilman Brewer's comments at the time of previous Council approval. He was concerned that the property owners provide off-street parking and that no parking be allowed on Cathy Lane. This request was made to assure access for emergency vehicles. 2. Submit evidence that ACHD has accepted the construction on East State Street and whether or not they monitored the construction on Cathy Lane. 3. Complete or submit letter of credit to guarantee the completion of the temporary turnaround and drainage system at the north end of Cathy Lane. Final inspection of the sewer and water installations and my receipt of three copies of these facilities' "Record Drawings" will be necessary before water meter installation can be made. I would also appreciate hearing from you concerning my previous comments about Mrs. Miller's driveway approach. Sincerely, CI OF MERIDIAN Gary D. mith, P.E. City Engineer GDS: ss bcc: Mayor and Council Bruce Stuart Earl Ward CENTRAL INISTRICT HEALTH APARTMENT ENVIRONWENTAL HEALTH DIVISION 'Aiiiiiiiiiiiiiii Mr. John Bastida Ada County Recorder 650 Main Street Boise, Idaho 83702 Re: Catherine Park Subdivision Dear Mr. Bastida: Central District Health Department, Environmental Health Division, has reviewed and can approve the final plat on this subdivision for central water and central sewer facilities. No lot size may be reduced without prior approval of the health authority. Sincerely, `)/ hn�� Nancy Good@ll, E.H.S. Sr. Environmental Health Specialist cc: Tudor Engineering Meridian City Hall - Gary Smith Meridian Ci.Ly Fill ild_ing DeparLment U.S. Department of HUD Tom Turco, Director of Environmental Health NG/ho valley Ada County Boise County Elmore County Valley County 1455 N. Orchard 1455 N. Orchard Court House Annex P.O. Box 1448 Serving the Boise, ID 83706 Boise, ID 83706 190 S. 4th East McCall, ID 83638 375-5211 375-5211 Mountain Home, ID 83647 634-7194 counties of ... . 587-9225 13uisr October 24, 1984 nd„ I�Imore Mr. John Bastida Ada County Recorder 650 Main Street Boise, Idaho 83702 Re: Catherine Park Subdivision Dear Mr. Bastida: Central District Health Department, Environmental Health Division, has reviewed and can approve the final plat on this subdivision for central water and central sewer facilities. No lot size may be reduced without prior approval of the health authority. Sincerely, `)/ hn�� Nancy Good@ll, E.H.S. Sr. Environmental Health Specialist cc: Tudor Engineering Meridian City Hall - Gary Smith Meridian Ci.Ly Fill ild_ing DeparLment U.S. Department of HUD Tom Turco, Director of Environmental Health NG/ho J—U—B ENGINES, INC. BOISE - NAMPA -TWIN FALLS COEUR WALENE - POCATELLO - KENNEWICK MR. T*t)A. NltiyAy wv�1 C41 Glwl�, % dZ ftey wo 5+- - /VI,tyldtaK. THE FOLLOWING WAS NOTED: MEN AND EQUIPMENT: -VwnA* GENERAL'l� Am�vt" W1' UXY Ef%?idooi CC — f • Am DATE t0 22 8 Q - JOB NO. PR JE Loc��r sin S$yur CONTRACTOR .k- OWNER s jUTamAv% WEATHER CAZ 4Vt,.- S Iq vi h TEMP °at a.m. aG -at p.m. PRES T AT SITE • cztz -.. myL a wict 68 d1ay% -� 4" AyvvdL+ci part 4 41&L d y"emw -ren -ha Surface. Arg G,>Inn o o M tw (1404- kkoWO 6k; WAMA) kas 0_&"ct a rut -10 �o�-m � m%t 4v swe"116. 31 dt�lmhinu shape 'VVi�stl YKAdsuvdd does alolocap I it EL—bmigeLcft 4y b4&udse aIo a M a dX ) MAi4 th 4v KdA&" -ice. s l o m. 'r'�— enln v Inas 6c44.t' a wing gli KjmZm AKA waAA -�a ►old slo-4+berm *uA zvU al.e��1�u. F.aLsf si.�LG v1 MWL" ciyiva way . �- "peal&s 4o 6,e� �rfihw Asa sod �I.o1s b4.F.K i H s�arU.t4 �yavin. GV�rs •yhtA A t.w�tn• 4o a d.dt c c� ado av as rdkal#'. Coy�s�'rwwt�.� in. a:C �u- `Vlo�xii�• .e�.d. a� � lalr�. h,e,�.da � �+c �-e��O�d dIM- a c.MA,d.oLa.a -c vc7 Ir •v►s 4o cw1n dy_ a a off, `�1t.G n aAx.at &MMZ v v • ek,Kw ov, &w„of �,,,,w►• SkotAoLA c,«Ak � ✓ a n.• off . t v�spetll oh m u FINAL QUANTITIES COMPLETED: l!,om loyL Y- r46 -mL I sp a flov% . S"vw m-aAft 44 skyvJA bo- &Lom. scoww Sunil w S4b 6 s wuo,4A wi4- U4 Wotw VA44 boym& f dA. Vfi_oxe.�. w► nt,a..a� I,v;�. �.+.ds. 2�t.. ^ PAGE 1 OF-4—PAGES MELD R VIEW REPORT G L. SIGNED: • 4ul JU.- ffij. n,.oGt.o A . REV. 9-81 • 0 AMBROSE, FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS 1530 WEST STATE P. O. BOX 427 GRANT L.AMBROSE (1915-1968) MERIDIAN, IDAHO 83642 JOHN O. FITZGERALD WAYNE G. CROOKSTON. JR. FRED 1. FRAHM Tom Marks 1184 Cathy Lane Meridian, Idaho March 22, 1983 83642 TELEPHONE 888-4461 AREA CODE 208 Re: Catherine Park Subdivision Development Fees Owed to the City of Meridian Dear Mr. Marks: On February 10, 1983, Mayor Joseph Glaisyer forwarded to you a letter demanding payment in the sum of $765.16 which sum represents expenses for engineering review publication and attorney fees regarding the above referenced subdivision. DEMAND is hereby made upon you for the above sum and, if payment thereof is not received in this office within ten (10) days from the date of this letter, suit will be insti- tuted against you for the above referenced amount plus Court costs and attorney fees. Very truly yours, Wayne G. Crookston, Jr. W GC/ ob cc: Jack Niemann, City Clerk HUB OF TREASURE VALLEY t A Good Place to Live OFFICIALS CITY OF MERIDIAN COUNCILMEN LAWANAL.N EMANN City Clerk GRANT P.KINGSFORD A. M. KIESERT, Treasurer RICHARD D. NICHOLS, Chief of Police 728 Meridian Street BILL BREWER RICHARD F. ORTON, JR. BRUCE D. STUART, Water Works Supt. JOHN O. FITZGERALD, Attorney 1v1EliIDiAly, IDAHO RONALD R. TOLSMA ROGER WELKER, Fire Chief 83842 ANNETTE C. HINRICHS EARL WARD, Waste Water Supt, Phone 868.4433 Chairman Zoning d Planning JOSEPH L. GLAISYER Mayor February 10, 1983 Mr. TOO Marks 1184 Cathie Lane - Meridian, Idaho 83642 Re: Catherine Park Subdivision Dear Mr. Marks, Your account with the City of Meridian is past due. The amount awing is $765.16 which represents expense for engineering review, publicat- ions and attorney fees. If the total amount owing is not paid within ten days from the date of this letter, I will instruct our City Attorney to file a lien against your prope:`ty. _ Best regards, Joseph L. Glaisyer Mayor JLG/jn PC: City Council Attorney i COMMISSION MEETING - AUGUST 3, 1982 INDEX TO MINUTES SUBJECT Catherine Park Subdivision Catherine Park Subdivision (Continued) Adoption of Proposed 1982-83 Budget Director's Report Request to Dispose of Old Oil Approval of Minutes - July 29, 1982 Signatures Commission Meeting - August 3, 1982 Page 2 Commissioner Winder stated that if Meridian City Council will not accept the modified plan, then the Highway District's only alternative is to approve the cul-de-sac as it now exists, legally, and if that means some interference to the neighbors to comply with what the Fire Department requires, then that is what has to occur. Much more discussion followed. Doris Aliason stated that she had been asked by the property owners to help represent them. She asked since when does someone have to lose their property for the benefit of a development. Commissioner Jackson stated that the property owners will not lose any of their property, the improvements will be on public right-of-way. Commissioner Winder further explained what has happened with the property owners installing shrubs, etc., in the public right-of-way. Further discussion followed concerning the status of the project at this time. Mr. Marks stated that the work has been stopped until the decision on the cul-de- sac is made. Mrs. Miller was present and stated the problems she has with the project and the facts that have been presented to her. Further discussion held concerning the right-of-way exchange that was done to provide for the cul-de-sac. The Commissioners explained several times that the cul-de-sac will not be coming out of the property owner's private property, that it is being built on public right-of-way. After much discussion Commissioner Winder further explained the action taken last week with regard to instructing the staff to inquire of the City of Meridian regarding their needs for or revision of the cul-de-sac. He stated that the Highway District must comply with the City of Meridian, but that the City of Meridian is requiring the cul-de-sac. He suggested that the residents explain their problem with the cul-de-sac to the Meridian City Council and see if they will reconsider their action. Commissioner Jeppesen moved to hold this matter in abeyance for one week to allow the citizens or the City of Meridian to notify the Highway District if they are going to hear or are not willing to hear a further hearing of the Catherine Park Subdivision. If the Highway District does not hear that the subject will be heard, the developer can proceed with the cul-de-sac. Commissioner Jackson seconded. Discussion held. Motion carried unanimously. Keith Jacobs was instructed to be the staff representative to coordinate with the residents, and to secure verification from the City of Meridian that they will be hearing or not hearing the problems of the residents. ACTION: DEVELOPMENT SERVICES ADOPTION OF THE PRELIMINARY 1982-83 BUDGET - Gary Funkhouser presented the pro- posed 1982-83 Budget copy attached and explained the entries. Discussion held. Mr. Funkhouser recommended that the Commission adopt the Preliminary Budget and to set the hearing date for August 19, 1982, at 12:00 Noon, at the Highway District Administration offices. Commissioner Jeppesen moved to approve the Preliminary Budget as presented and to establish the hearing date for August 19, 1982, at 12:00 noon, in the Ada County Highway District administrative offices. Commissioner Jackson seconded. Motion carried unanimously. A COMMISSION MEETING - AUGUST 12, 1982 INDEX TO MINUTES PAGE NO. SUBJECT 1 Claim for Extra Cost - Nelson Sand & Gravel Subdivisions ------- Meridian Business & Industrial Park - Phase I & II 2 Subdivisions (Continued) Maple Fair Plaza Shalom Subdivision - Release of Road Trust Fund RZ-13-82 - Fred Meyers - Vista Avenue Bid Approval Request - Rear Mounted Scarifier & Ripper Bid Approval Request - Ada Street Cul-de-sac Bid Approval Request - N. 17th & Idaho Streets Rebuild Bid Approval Request - Fairview Avenue Pedestrian Ramps 3 Boise City Agreement - Ada Street First Reading - Ordinance No. 108 Approval of Minutes - August 3, 1982 Director's Report Catherine Park Subdivision Change Order No. 1 - Dill Drive L.I.D. Attorney's Opinion - Apache Heights Subdivision Holden vs. Larsen - Letter to District Judge 4 Director's Report (Continued) Letter from Associated General Contractors Letter from Crawford's Hyde Park Plumbing Petition from West Pine Street Residents Notification of Absence - Gary Funkhouser Condition of Main Street Signatures 9 o ADA COUNTY HIGHWAY DISTRICT CHARLES L. WINDER, PRESIDENT 318 E. 37TH STREET KARL JEPPESEN, VICE PRESIDENT BOISE, IDAHO 83704 LAWRENCE C. JACKSON, SECRETARY PHONE: 344-6111 Minutes of the regular meeting held August 12, 1982, at 7:30 p.m., in the offices of the Ada County Highway District, 318 East 37th Street, Boise, Idaho. Commissioners Winder and Jeppesen present. One citizen present. Ada County Highway District staff present: Gary Funkhouser, Terry Connell, Dave Zielinski, Chuck Smith, Keith Jacobs, Chuck Wauhob, Rod Cannon, Steve Spickelmier, and Alice Sinsel. Commissioner Winder called the meeting to order at 7:30 p.m. CLAIM FOR EXTRA COST - NELSON SAND AND GRAVEL - GEKELER LANE REBUILD - Jim Nelson, Nelson Sand and Gravel Company, stated that his construction crews, while doing the Gekeler Lane Rebuild, encountered a drain pipe which was not listed on the plans for the project. He stated that they damaged approximately 150 feet of that pipe and asked the Commission to consider paying them an additional $2,979.80, because of the cost to repair that pipe. He stated that they were not aware of the pipe and that it should have been listed on the plans. Rod Cannon referred to the contract documents which state that the contractor is responsible for getting the utilities and all existing structures located. He stated that there are manholes in the area and that all the contractor would have to do would be to look in the manholes to see where they go and what they are for and the depth of the drain, etc. The curbs and all utilities were already in place. Much discussion followed. It was determined that this was a unique problem and that the staff or the contrac- tor had never had a similar problem in the past. Mr. Nelson stated that the pipe was collapsed before they realized that they had a problem. Mr. Cannon stated that the storm drain system was functioning prior to the construction. Further discussion held concerning the process for drawing the plans for this type of project. Staff stated that the manholes and drop inlets were visible. After much discussion concerning the problem, Commissioner Winder moved to award Nelson Sand and Gravel $1,500.00 for the increased cost, and that as a matter of policy, directed the staff should go out and field check these types of projects, and make note on the plans if they find anything that is a potential problem. Commissioner Jeppesen seconded. Motion carried. SUBDIVISIONS l� eMeridian Business and Industrial Park Subdivision - Phase I and Phase II - Keith Jaco s presente t e request for a surety time extension for subject subdivisions and recommended approval of the request as presented on the Subdivision Agenda dated August 12, 1982. Discussion held. Commissioner Jeppesen moved to approve the Surety Time Extension on Meridian Business and Industrial Park Subdivision, Phase I for three months (to October 29, 1982) and on Meridian Business and Industrial Park Subdivision, Phase II for one year (to June 29, 1983), as presented. Commissioner Winder seconded. Motion carried. AN EQUAL OPPORTUNITY EMPLOYER 4 n L J Commission Meeting - August 12, 1982 Page 3 be approved in the amount of $8,220.00. carried. Commissioner Winder seconded. Motion BOISE CITY AGREEMENT - ADA STREET - Keith Jacobs explained that the agreement has been received back from Boise City and that the amount has been changed to $16,400.00 to cover the expenses incurred in doing Ada Street. He further stated that the staff is recommending approval of the contract as amended. Discussion held. Commissioner Winder moved for approval of the agreement with Boise City for Ada Street improvements in the amount of $16,400.00. Commissioner Jeppesen seconded. Motion carried. FIRST READING - ORDINANCE NO. 108 - Gary Funkhouser explained that subject Ordinance is for the repair of sidewalks and discussion held. He then read Ordinance by title for the first reading. He stated that this Ordinance repeals Ordinance No. 38. Discussion held. Commissioner Jeppesen moved to approve the first reading of Ordinance No. 108 as presented. Commissioner Winder seconded. Motion carried. APPROVAL OF MINUTES - AUGUST 3, 1982 - Discussion held concerning the Acceptance of Insurance for Highway District Employees on Page 3. It was determined that in the motion, the medical insurance should have been Blue Cross instead of Blue Shield. Commissioner Jeppesen moved to approve the minutes of August 3, 1982, as amended. Commissioner Winder seconded. Motion carried. DIRECTOR'S REPORT Catherine Park Subdivision - Gary Funkhouser reported that a call had been received from Mrs. Marlene Jacobsen stating that they have been granted a hearing with the Meridian City Council. The Highway District has been advised to stay out of the contract with the developer and the contractor, and that if he wants to proceed with the contract, the Highway District has no legal right to stop him at this point. The Commission agreed. Change Order No. 1 - Dill Drive L.I.D. - Terry Connell explained the change order to remove an irrigation box from the L.I.D. which results in a net savings of $1,250.00, and recommended approval by the Commission. Commissioner Winder moved to approve the Change Order on Dill Drive L.I.D. 82-3, in the amount of $1,250.00, as presented. Commissioner Jeppesen seconded. Motion carried. Attorney's Opinion - Apache Heights Subdivision - Discussion held concerning the opinion submitted by A. C. Hagan, Highway District Legal Counsel. He stated that the Highway District can require anything that was required in 1972. All indications are that it was curb, gutter and paving. Staff was instructed to inform Mr. Blaser of the opinion and that Judge Shroeder did not intend to exempt the requirements of the Highway District in his decision. Commissioner Jeppesen moved that the Highway District conform to the attorney's opinion and require paving, curb, and gutter in Apache Heights Subdivision, rather than allowing the gravel streets. Commissioner Winder seconded. Motion carried. MOTION: DIRECTOR Holden vs Larsen - Letter to District Judge - Gary Funkhouser explained that a letter has been sent to the District Judge stating that the Highway District has no interest in retaining that right-of-way. No further action taken. 0 RIPOTTER 8c ASSOCIATES, INC. New Address 136 E. Idaho Meridian, Idaho 83642 City of Meridian Attention: Lawana Nieman Re: 82-009 Catherine Park Subdivision 40 W. FRANKLIN MERIDIAN, ID 83842 12081 888-5491 June 23, 1982 Transmitted herewith are six sets of the improvement plans indicating recent revisions made to accomodate easement negotiations. Distributition is recommened as follows: 2 -Earl Ward - Wastewater 2 -Bruce Stewert - Public works 1 -Bill Brewer - Street Comissioner 1 -City Records Also transmitted is one set of plans prior to said revisions. June 22, 1982 Potter & Associates, Inc. 5903 Franklin.. Road Boise, Idaho 83705 _.:_,_N_� Telephone: (208) 344-7038April 7, 1977 Mrs Ruth Crow 1709 West Jefferson Boise, Idaho 83702 ��/�/o (�°�/�% ,�✓ ' c / :Dear Mrs. Crown �'�.� c�l�s� me�� would like to take this oppor unity to reconfirm the conversation we had .,at your restaurant April 1, 1976 concern -?ng a sewer line proposed by the City of . �Mer�,dian. Lis I mentioned in our co�:_11rersation, the City is proposing to locate a sewer line along the west edge of :?ive Tyri _e. :reek as well as locate a line along ,the north edge ,of your property ;dust inside the fence line. The line along the creek would-be located approximate -1 iii peen feet west of the top of the bank. 'The line located along.the north boundary of your property would be approximately „eight.to twelve feet south of the fence line. :.Based on -our conversation it is my understanding that you are willing to graft a permanent ease?�+ent for the 1iw �? addition to a parallel temporary con- struction easement. it is estimated that the peri nent easement would need to be approximately fifteen to twenty feet in width The only restriction on the use of the easement after con:,truction would " e th,.,.t no permanent structure be constructed within the permanent easement. The temporary construction easement would be approximately thirty feet in wieth and would revert back to you after :construction of the 1 �.ne is completed. Historically the presence of a sewer line adjacent to a piece of property increases the land value considerably. Therefore, the City of Meridian is offer - r ing to pay only a token payment o-: ten dollars- in exchange for the easement. We anticipate that plans for this ,sewer line will be complete sometime in June -or July of .this year. At thLs time we will p:ep ee the -necessary easement docuaments and present them to you for your signatu�fn. The actual construction Wl. c®mmeaace in t�,e late fall �+ ^ early ��'ini er il. `As I mentioned, we would like to include in our design sewer connections ;!sto serve your property. As our design progresses, I will- contact you to verify the .1ocation _of services for your property. x i q behalf of the City of Meridian we wash to thank you for your assistance and `c, :®pera'ti�an in tY pro"+!3ct. 1 we can, anSv�°e -_)_-n P quesst _-OnS you ??sght have, 'contact Lis. Sincerely, J -U -B ENC s ? S Inc. 'SSP:Aly Stanley S. Postma, E.I.T. cc°`' Mr. Don M. Storey, Mayor M John O. Fitzgerald, City Attorney -� r P TS UNDESTOOD anw? a°�reed that, rhe 7ramne restore said strip coMparab a to that existen�� p ' or to the undertaking of the coanstruact-Lon. Of such sanitary se,,ger line. raaat®rs® coo hereby covenant -with the Grantee that the y are lawfu-71y seized and possessed of the afore-me-nt-meand described tract l e1 -1 am 01, and that t he Y 3 -ha ve a good and Lawf, �- e�,�,t to convey said ease- t, aid that they 1 currant and fare m=er eefend the title and quiet .ssessifon thereof against t- a lawfuZ claiw of all- perQons whomsoever. lM �=S WEMOF, the said part es ,,:' tine first part haVe hereunto € b cribed their Signature s the da and, hereinabove �. y year first heve�nabove wsitten ;a . Nora B. Overtop Beeth 1. Crow Floyd T. Johnson Elnora 7. Johnson .OF IDAHO � ty of @M thisday of In t`he year 19 , '�dfore me the' iVMdersigned, a Notary in and for State, personally appeared i - n----=- -Nora E. 10ver -on, Ruth --a'%r-ane 7 o, d T. .ohnscn an' _- c:ra L,T-4} _,soi�, Tl usband OWM to me to he perxen s w7 ose name s are subscribed. tq the ,I r0re901M9 tr nt, =,d acknowledged to me that t e� executed S WHEM®F, l have hereunto set my ha4ne.. and affixed xed my offseal the day and year first above written. r. I=Mn"Lrp-r-, made this zny 0:7 s s between and- Puth I Nora. B. Overton J01"nson, husband and wife. Crow, and Floyd T. Johnson and Elnora erainafter called the the, parties 'the first 9,srt, and L Grantor' and the pity of Meridian, State Of T-Clzhr" a M=-Icarpal corpora - the party of the second A e; ,rt, ane here te _ x caliet the Grante t ton, SET Vonliv-17t1he Gra ntcrs desire to Providea sard-tary sewer right ross the premises and PrOPe-XT7 par-ticui-n-r-ly bounded and 49escxabed; and =7 the sanitary sewer is to be provIlded for t'—hrcugh an, undeic YZ As mm=d yipeiine to be cons=cted by --31:ke Grantee„ and erv-i l-ine -Ce said pipe M,=,rAr,, it vill be necessa--Y tO gj,= t:Rm to tim by the Grantee y. c!_ts to 'ja received by in ams_ici er_Ti-ion of the beni-If ($',L,_0L,) and other go®d and of Ten Do2-1-7-rs r s and '!or theSM do �'qrr-!Iy gtve, grant and Convey Usideratiors n, the Grant®, - %as Grantee the right-of-way for an sempr, for the construction, �On and in tertance of a sanitary sewer !:Lae over nd across the W following described property' ortherly of r- width adjacent to and 1-ying 5 feet A.strip of land 20 feet - and 15 .feet Souther -_S, of the 0 2 - lowing described line: Commencing at the Northwest corner of the Northeast 1/4 of Section 71 I East, Boise Meridian, Ada County, Idaho, and running Township 3 North, Range along the Westerly boundary o-, said Northeast S. 0`34f 5811 W.798.57 feet BEGINNING OF P_r�R-vANENT EASEMENT NO. 1; 1/4 of Section 7 to the TRUE POINT OF T OF '-FNDING OF p:,ZrJJA-NENT to the P011" thence S. Sli:?42'381' E. 300.95 feet VAQVW'MT NO. y ADA POUNTY HIGHWAY IMSTFtICT CHARLES L. WINDER, PRESIDENT 318 E. 37TH STREET KARL JEPPESEN, VICE PRESIDENT BOISE, IDAHO 83704 LAWRENCE C. JACKSON, SECRETARY PHONE: 344.8111 June 7, 1982 Mr. John Matzinger CTM Engineering 2500 Kootenai Boise, ID 83705 Re: Catherine Park Subdivision Revised Drainage Plans, 4/20/82 Dear Mr. Matzinger: I have reviewed and approved the drainage plans for Catherine Park Subdivision. Since the irrigation system is being modified, we must have a letter from Nampa -Meridian Irrigation District ap= proving these modifications. If you have any questions, please do not hesitate to contact me. Sincerely, ANY Jon Thompson JT:co Drainage Technician cc: Ada County _Planning & Zoning Meridian Planning & Zoning Nampa -Meridian Irrigation District File & Chron ' 6 �.� ,��� Ste, ow, We e a le AN EQUAL OPPORTUNITY EMPLOYER ADA AOUNTY HIGHWAY STRICT CHARLES L. WINDER, PRESIDENT KARL JEPPESEN, VICE PRESIDENT LAWRENCE C. JACKSON, SECRETARY May 18, 1982 Mr. John W. Matzinger, P.E. 2500 Kootenai Street Boise, ID 83705 Re: Catherine Park Subdivision Plan Review Dear Mr. Matzinger: We have enclosed one set of plans showing our comments for your further consideration. An additional set of plans, with comments, have been forwarded together with a copy of this letter to Potter and Associates, Incorporated. Prior to final plan approval, the'following conditions must be satisfied: 1. Remit $190 to the District for plan review. 2. Resubmit two (2) complete sets of revised plans together with a copy of the final plat (see plans for comments). 3. Submit a constructuion quantity estimate for the public street improvements to be installed on East State Street. 318 E. 37TH STREET BOISE, IDAHO 83704 PHONE: 344-6111 There will be no inspection -testing agreement required. However, the contractor shall be required to secure a right-of-way construction permit from the District at least 24 hours prior to any construction within the public right-of-way. Please call the District's Quality Control Department at 344-6111, extension 430, for information regard- ing permit, permit fee and contractor requirements. Prior to final plat approval, the following conditions must be satisfied: 1. Secure the right-of-way exchange for East State Street from the District. AN EQUAL OPPORTUNITY EMPLOYER John W. Matzingew.E. O May 18, 1982 Page 2 2. Secure plan approval from the District (see the above condi- tions on plan approval). 3. Submit the original final plat mylars for District endorse- ment at least one week before any regular Commission Meeting. The final plat must contain the certification endorsement of the owner of record and of the licensed land surveyor who prepared the plat. The final plat must delineate Cathy Lane as a private lane not maintained by the Ada County Highway District and the plat must delineate a five (5) foot public right-of-way dedication/easement to Ada County Highway District for the sidewalk fronting the cul-de-sac. Approval of the plans shall not constitute any commitment, on the part of the District, to accept any further dedication of Cathy Lane. The owner(s) shall comply with the District's policies in effect at the time of application for dedication subject to, but not limited to the following: 1. Obtain variance approval from the District allowing the street to be shifted in the proposed right-of-way deleting the side- walk on the east side. 2. Secure the remaining 25 feet of right-of-way for the west half of Cathy Lane. 3. Provide a structural design for the roadway in compliance with District policies prevailing at the time of application for dedication. We assume the street currently will have a traffic index of 5. 4. Furnish as built plans together with test results and certifi- cation by a licensed engineer that the street improvements in- stalled meet or exceed the standards and specifications adopted by the District and in effect at the time of dedication. Furnish maintenance records certified by a licensed engineer. A public easement for a pedestrian -bike path connecting East State Street to the Five Mile Creek pedestrian system should be provided. The interconnection would be compatible with the concept plan prepared by Potter Land Surveying andapproved by the City of Meridian July 21, 1980. The easement should be 14 feet wide, 7 feet on both sides of East State Street. However, a comprehensive pedestrian -bike system plan has not yet been coordinated between Meridian City and the Highway District. The Highway District may not accept these systems for maintenance, but we can offer plan and design assistance. Shared uses with creeks and canals will probably require agreements with the controlling districts r John W. Matzingeo.E. May 18, 1982 Page 3 and adjacent owners. Please contact Dave Zielinski, the District's Traffic Planner and Bike Coordinator at 344-6111,for more information. You may call me at 344-6111, extension 422, or Keith Jacobs on extension 421, if you have any questions. Sincerely, Robert G. Sorcic Development Services Review Officer RGS:co Enclosure cc: Potter & Associates LaWana L. Nieman, Meridian City Clerk,✓ ACHD Quality Control Dept. Dave Zielinski Subdivision File Chron File OFFICIALS LAWANA L. NIEMANN, City Clark A. M. KIEBERT, Treasurer RICHARD D. NICHOLS, Chief of Police BRUCE D. STUART, Water Works Supt. JOHN O. FITZGERALD, Attorney ROGER WELKER, Fire Chief EARL WARD, Waste Water Supt. HUB OF TREASURE VALLEY A Good Place MERIDIAN Live OF 728 Meridian Street MERIDIAN, IDAHO 83642 Phone 888.4433 JOSEPH L. GLAISYER Mayor April 28, 1982 COUNCILMEN GRANT P: KINGSFORD BILL BREWER RICHARD F. ORTON, JR. RONALD R. TOLSMA ANNETTE C. HINRICHS Chairman Zoning & Planning J -U -B EN'1NEERS, INC. 250 Sou.li Beechwood Ave., Suite 1 Boise, jclaho 83709 SUBJECT: Catherine Park Subdivision Dear Mr. Smith In reviewing the plans for Catherine Park Subdivision, I believe it advisable to require a eight -inch (8") stub out at Station 13+91.81 extending to the property line to the west of the Subdivision. At present the house located at 532 East State Street is not on City sewer. Sincerely, Earl Ward WASTEWATER SUPERINTENDENT CITY OF MERIDIAN, ID EW:ln pc: File ADA COUNTY HIGHWAY DISTRICT r CHARLES L. WINDER, PRESIDENT 318 E. 37TH STREET KARL JEPPESEN, VICE PRESIDENT BOISE, IDAHO 83704 LAWRENCE C. JACKSON, SECRETARY PHONE: 344-6111 April 22, 1982 Ms. La Wana L. Niemann City Clerk Meridian City Hall Meridian, ID 83642 Re: Catherine Park Subdivision Dear La Wana: With this letter, I wish to confirm the discussion we had earlier today on Catherine Park Subdivision, as shown in the April 5, 1982 Meridian City Council Meeting minutes, pages 5 through 9. First, the Highway District excercises no control over the con- struction or design of private streets, except the street intersecting with the public right-of-way. The Highway District, as a standard practice, does not accept half street dedications with improvements. That is primarily because one half (1/2) street improvements generally do not provide adequate two way traffic circulation. The applicant, in this case, may want to build the street to District standards, but we do not require that. We believe the dedication of 30 feet (30') of right-of-way from centerline on Washington Street frontage is necessary for the future extension of Washington Street to conform to the Meridian Comprehen- sive Plan. However, the street improvement may not be justified at this time. Over the past years, we have found the Road Trust Fund to be most fair and equitable method to accomplish the street improvements at a future date. The fund assigns money for that area to be used only for improving that street frontage from the centerline to the property line. The improvements often include curb, gutter, sidewalk and pavement. -eZ_ Aa9���C' /' d wx�'--l2 y 4 o C3 AN EQUAL OPPORTUNITY EMPLOYER Ms. La Wana L. NieOn April 22, 1982 Page 2 As for the vacation of East State Street, or for that matter any street vacation, please see the attached Vacation of Public Rights -Of - Way outline. This outline should answer any questions about street vacations. If East State Street is vacated, the cul-de-sac should have a 45 foot (45') radius, as measured from the center to the back of curb. Thank you for your time and consideration. Sincerely, �' v it L. Jaco s, Jr., P.E. Design Review Engineer KLJ:co Enclosure cc: Catherine Park Sub. File Chrono • ADA COUNTY HIGHWAY DISTRICT MICHAEL WARDLE, PRESIDENT 318 E. 37TH STREET KARL JEPPESEN, VICE PRESIDENT BOISE, IDAHO 83704 CHARLES L. WINDER, SECRETARY PHONE: 384.4050 June 10, 1981 Re: Vacation of Public Rights -of -Way Dear Applicant: Pursuant to the Idaho Code and Ada County Highway District Resolution No. 143, the following is an outline of the procedures to follow when requesting vacation of public rights-of-way. All vacation requests must be accompanied by a fee of $400.00 which covers legal and administrative costs incurred by the Highway District. All applications for vacations shall be filed with the office of the Director, Ada County Highway District in writing. The applications shall contain the following information. 1. Statement regarding the basis upon which the vacation is sought. 2. Map or plat depicting the right-of-way sought to be vacated. 3. Legal description of right-of-way to be vacated. 4. Designation and signature of, including addresses and phone numbers of all adjacent property owners to the right-of-way sought to be vacated, 5. Statement indicating the designation of adjacent property owners who consent to the vacation accompanied by documents evidencing such consent. (May be by petition.) 6. Fee of $400.00 from adjacent property owners and/or person requesting vacation, or,,in extraordinary circumstances, a reasonable amount to be set by the Director. 7. Proposed division or reversion of right-of-way sought to be vacated if different from normal one-half to each adjacent property owner, or a statement to the effect that each adjacent owner shall receive one-half of the vacated right-of-way. After the above information is received, all utilities, agencies or persons having an interest will be notified for their comments on the impact of the vacation. The Highway District Staff will then review the vacation request. If the Staff and utilities concur that the vacation will be detrimental to the public or utility usage, the request will be denied and $200.00 or the unused portion if expenses equal more than $200.00 will be returned to the applicant. If the request is exceptionally extensive, a larger fee than $400.00 may be required. If it appears that the vacation would be feasible, a public hearing date will be set and the applicant notified. After the vacation request goes to public hearing, none of the $400.00 will be refunded. If the right-of-way is vacated by the Ada County Highway District Commissioners, the property and vacation will be effectuated by the execution of the appropriate legal instrument by the Board of Commissioners. The normal time required to process a vacation request for public hearing is approximately six (6) to eight (8) weeks. Further information concerning vacation of public rights-of-way may be obtained by contacting the Right -of -Way Division of the Ada County Highway District. REP:rp ADA COUNTY HIGHWAY DISTRICT CHARLES L. WINDER, PRESIDENT KARL JEPPESEN, VICE PRESIDENT LAWRENCE C. JACKSON, SECRETARY April 12, 1982 Thomas L. Marks 1702 Vinnell Street Boise, Idaho 83709 318 E. 37TH STREET BOISE, IDAHO 83704 PHONE: 344-6111 Re: Catherine Park Subdivision PREM4niARY PLAT Section 7; T.M., RLE., B.M., Ada County, Idaho Gentlemen: On February 25, 1982, the Commissioners of the Ada County Highway District (hereafter called "District") approved the Preliminary Plat subject to the following conditions: 1. Provide by dedication, a 30' wide right-of-way section for East Washington Avenue on the north boundary of the parcel. 2. Catherine Lane is private drive. Delineate on the final plat. 3. Provide for and install a cul-de-sac of 45' radius to the back of the curb at the intersection of East State Avenue and Catherine Lane. Construct cul-de-sac to ACHD Standards. 4. Retain drainage on site. Drainage from the private drive to the public right-of-way is prohibited. In order that the Final Plat may be considered by the District for ceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If Public Street Improvements are Required: Prior to any construction within the existing or proposed public right- of-way, the following shall be submitted and subject to review and approval by the District: a) One complete set of detailed street construction drawings prepared by a Registered, Professional Engineer, in accordance with Section 54; Chapter 12, of the Idaho Code together with payment of plan review fee. b) Execute an inspection agreement between the Developer and the District together with initial payment deposit for inspection/testing services. c) Complete all street improvements to the satisfaction of the District, OR execute surety agreement between the Developer arid—the District to guarantee the completion of construction of all street improvements. Thomas L. narks April 12, 1982 page 2 3. Furnish copy of final plat showing street names as approved by the Local Govt Agency having such authority together with payment of fee charged for the manufacturing and install- ation of all street signs as required. 4. If Public Road Trust Fund deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance certification and endorsement of the Owner's and Land Surveyor's -certification. Please contact me at 344-6111, ext.424, should you have any questions. CCK/jl (8A) cc: Subdivision Review Potter & Associates vidian Planning & Sincerely, a /eA4y Carol C. Kirby 0� Subdivision Review Officer (Enclosure: Receipt) Zoning Commission It 6 RIPOTTE'R & ASSOCIATES, INC. New Address 136 E. IDAHO MERIDIAN, ID 83642 April 5, 1982 Honorable Mayor Glaisyer & Council City Hall 728 Meridian Meridian, Idaho 83642 Dear Mayor Glaisyer & Council: 40 W. FRANKLIN MERIDIAN, ID 83642 12081 888.8481 We have received and reviewed comments on the subject development from the following: City Council City Planning & Zoning Commission City Staff City Engineer Ada County Engineer Ada County Highway District The requirements of the Ada County Highway District, expressed in their letter of February 26, 1982, appeared to offer the greatest obstacles to development. In an effort to mitigate these obstacles, Mr. Tom Marks and I met with the District staff in a technical review session on March 29, 1982, a tentative agreement was reached - subject to the approval of the City of Meridian - as follows: 1. Vacate the E. State Avenue Extension that was dedicated in November, 1970, and terminate the street with a permanent i culdesac having a right-of-way radius of 45 feet. 2. The culdesac would negate the requirement for a barrier on E. State Avenue. 3. Continue the new road (Catherine Lane) as a private lane through- out the subdivision and provide an agreement in the Home Owners Association that said lane would be dedicated in the future if development of vacant lands to the west provide for dedication and construction of the west half. U 0 0 RIPOTTER EC ASSOCIATES, INC. ENGINEERS 9 SURVEYORS a PLANNERS Honorable Mayor Glaisyer & Council -2- April 5, 1982 4. Eliminate the requirement for dedication and construction of Carlton Street, since this land is not within the control of the applicant. 5. Eliminate the requirement for improving E. Carlton. 6. Eliminate the requirement for dedication of the west half of E. 6th Street subject to future dedication described in 3 above. 7. Construct Catherine Lane as a private lane - but design and construct as a half - street utilizing AND design and construction criteria. 8. Provide a temporary turn -a -round at the northern terminus of Catherine Lane, as shown on the preliminary plat. 9. Provide by dedication 30' of right-of-way (as shown) for E. Washington Avenue future extension. 10. Catherine Lane to be constructed to AND Standards - as a half street. 11. Catherine Lane will be shown on the final plat as a private lane and given a separate parcel number. Maintenance of this parcel and the street improvements thereon will be by the Home Owners Association, unless dedicated in the future. 12. Improvement Plans will be prepared by a registered engineer. The County Engineer and City Engineer have questioned whether any portion of this development is subject to flooding from Five Mile Creek, and if there is an indentifiable flood plain boundary in this area. Attached is a copy of the Flood Hazard Boundary Map for this area issued by the Department of Housing and Urban Development (HUD) on June 28, 1977. You will note that Five Mile Creek is not subject to flooding north of the railroad. The City Engineer has raised a question regarding payment for future develop- ment of E. Washington Street. I would recommend that the applicant provide the Ada County Highway District with sufficient funds or letter of credit to satisfy the District's trust funds requirements for the road - excluding any future bridge. This should be minimal since the applicant intends to place road base material at this time. Mr. Smith has also questioned the availability 0 C RIPOTTER & ASSOCIATES, INC. ENGINEERS Honorable Mayor Glaisyer & Council • SURVEYORS • PLANNERS -3- April 5, 1982 of utility easements. The applicant has reached an agreement with Ms. Ruth Crow for a utility easement for the extension of the sewer line from the north. The applicant will grant the city a public utility easement over, across and thru Catherine Lane for the public utilities constructed therein. Council and City Staff have raised certain questions regarding the type of construction proposed and the acceptability to the neighborhood. Mr. Marks has discussed the construction criteria with the manufacturer. The manu- facturer states that the units meet all UBC code requirements except that of the floor structure. They state that the structural strength of the floor meets or exceeds the design called for in the UBC code. They further state that the units meet all state and local electrical and plumbing codes. We are requesting a variance from the UBC code as described following. In reference to the acceptability, Mr. Marks has prepared and circulated a petition among the adjoiners which indicates strong acceptance. A copy of this petition is enclosed. Fire Chief Welker questioned the placement of fire hydrants and looping the water line to E. Washington Avenue. The looping to E. Washington cannot be accomplished at this time, however, design will be accomplished to allow for future looping. Fire hydrant placement will be in accordance with Idaho Rating Bureau criteria. The vacation of E. State Avenue will require a minor adjustment of the plan, as indicated on the attachment. The variances required to implement this plan - which are hereby requested - are as follows: 1. Set Back Requirements - We request the following set backs: a. Front 10' b. Side street 10' c. Side yard 5' d. Rear yard 45' 2. Street Standards We request the following: a. Approval of Catherine Lane as a private lane to be maintained under a Home Owners Association. r 0 0 RIPOTTER & ASSOCIATES, INC. ENGINEERS • SURVEYORS • PLANNERS Honorable Mayor Glaisyer & Council -4- April 5, 1982 b. Construction standards of Catherine Lane be AND standards but only a half street be constructed. c. Vacation of E. State Avenue extension and acceptance of a permanent culdesac. d. E. Washington Avenue be constructed to gravel base only. e. That construction test and inspection reports be performed in accordance with ACHD Standards and that copies of same be filed with the City to use in any future dedication to ACHD. f. That the typical section of Catherine Lane be as follows: 24' pavement width with an extended asphalt curb on the west and rolled curb and gutter on the east and extending thru the culdesac. g. U. B. C. Codes. We request that manufactured housing be accepted including mobile homes, provided that all units: have an exterior appearance of on site frame construction, meet current electrical and plumbing codes; meet UBC codes for house construction except for minor deviations in floor structure design. Thank you for your consideration.�*� spd Enclosures Sincerely, K< ayynv� James V. Potter L. S. President K : INI q :1 L - I 1 1, 0— 1 PuA pw� PdA W WdS N P A POD.. dS LeC u1V1 ,JNPAc1f1cRR ZONE AN- ; � ; �� of L _J L __AUS ROUTE In 06 0 c Z i Q 1 W < cx x 0 00 S­flels Cana( u cc Vi • 0 A ut moult JC1 01 1 K : INI q :1 L - I 1 1, 0— 1 PuA pw� PdA W WdS N P A POD.. dS LeC u1V1 ,JNPAc1f1cRR ZONE AN- ; � ; �� of L _J L __AUS ROUTE In L14 -cc II < 0 cm Q D oll cz LOW. 0 16 Veo) ZONE A XDUTI 3786 --ZONE A 20 Card T1 06 0 c Z i Q 1 W < cx x 0 S­flels Cana( cc L14 -cc II < 0 cm Q D oll cz LOW. 0 16 Veo) ZONE A XDUTI 3786 --ZONE A 20 Card T1 C z 0 0 19 06 0 c Z Q 77 C z 0 0 19 I have reviewed the plans of the proposed Catherine Park Subdivision and understand that it .ill contain double--N.,ide:,,-iodular housing. I also understand that they would }be classified T;obile Hones by the City Ordinances and have no ohjection as it is proposed. 635 si s i*.A,i,h S66 -'7.s$ 7 S I L 11. L R. 535 1 -AST STATE 3. STi-_1-ELL1',FR 527 U -ST STATE 4. f,ObERT 515 EAST STATE t 34 i,=IST 5th 0 7. LPS. TO!` CA'Lt,Tol, 532 LAST STATE U. PLRrKY 1iAW6 0 F 524 LAST STATE jyj;tV /,.F .57,1 C-,< C -*Le V • uCRUThY RICE 512 'E',ST STATE lu. JOEi: TRO1%fihrC, 502 LAST STATE _.--__PST 56- 1 12 DL' Sh!,1'-LF4,Y 513 LAST 4 S1 5 SILL S'I:.S I .41Q T X16 EAST WA.SI li GTON -t . iF:Ii+G"I.01- SQUl'u bLVGO & GGITAN-Y F'IcUF'F.k1•Y F•u.I�A.t:EA:tI�T P.C.bOX 122E :;DISE, IU 83701- _ ®ON c3t,�c� �1`f 37 333 2— CHRIS KORTE Zoning Administrator March 15, 1982 Meridian City Council Meridian City Hall 728 Meridian Meridian, Idaho 83642 Un COUnTY RE: CATHERINE PARK SUBDIVISION Dear Council Members: ZONING DIVISION GROWTH MANAGEMENT DEPT. 650 Main Boise, Idaho 83702 In reviewing the minutes of the Meridian Planning and Zoning Commission on March 8, 1982, we noticed approval of the subdivision along Five Mile Creek named Catherine Park Subdivision. We also noticed in reading of the minutes that it is located adjoining Five Mile Creek. We would just like to take this opportunity to inform you that we have had substantial amount of flooding problems along Five Mile Creek. It especially occurs in winters such as the one we have just experienced. The Corps of Engineers has designated Five Mile Creek as a major flood prone area in Ada County. Within the county jurisdiction may require a flood analysis by a licensed professional registered engineer prior to final approval to make sure that any houses that are built are flood - proofed and that adjoining property owners are not adversely affected. It is not known if a flood analysis has been done for this particular section of Five Mile Creek. But we would encourage that it be done I just thought I'd bring this point to your attention to prevent any flooding problems in future years when the subdivision is developed. We also noticed in the minutes that the applicant's representative proposes to slope Five Mile Creek down to the water. Such alterations as these are always of great concern unless appropriate engineering studies are undertaken to guarantee the protection of adjacent public and private facilities during the 100 year flood flow. sionally yours, David M. Collins, P.E. ADA COUNTY ENGINEER DMC: p.9 � �°: WAY®/2 4f �'®rr�i�.`� (vP) Phone: 344-7600 Ext. 261 I ADA COUNTY HIGHWAY DISTRICT CHARLES L. WINDER, P ESIDENT KARL JEPPESEN, VICE PRESIDENT LAWRENCE C. JACKSON, SECRETARY February 26, 1982 Meridian Planning & Zoning 728 Meridian Street Meridian , Idaho 83642 318 E. 37TH STREET BOISE, IDAHO 83704 PHONE: 344-6111 Re; Catherine Park Preliminary Subdivision Section 7; T.3N., R.M., B.M., Ada County, Idaho ACHD COMMS/RECOMMENDATIONS Chairman. and Commission Members: * Ada. County Highway District Commissioners, in meeting on February 25, 1982,I reviewed the subject plat and offers the following its/recommendations. The development is a portion of Arnie Preliminary Subdivision, submitted for review a few years ago. Currently, the only access to the parcel is East State Avenue. Road easements for portions of Carlton Avenue, East 6th Street, and Washington Avenue are indicated on the plat. The easements have not been confirmed but it is assumed they have been granted to the Meridian jurisdiction. �he dedication of right -of --way for the East State Avenue extension has been confirmed. Based on the above assumptions and confirmation of right-of- way, the following requirements are recommended: �. Provide for the extension of E. State Ave., abutting the parcel with full improvement of the north one half plus 12' of paving south of centerline. �2. Provide a barricade at the termination of State at Five Mile Creek. �i. Terminate the private lane between lots 3 and 4. 4. Provide for 35' of additional right-of-way for the extension of E. Carlton Ave., to the project site. 5. Improve E. Carlton Ave. to the project site with 24' of paving. �. Provide for the dedication of 25' of right-of-way for the extension of East 6th Street from E. Carlton to E. Washington, extended. �/. Provide full improvement to the east one half of East 6th Street plus 12' of paving west of centerline for street portion abutting. 8. Provide a temporary turn -a -round at the north termination of East 6th Street. AN EQUAL OPPORTUNITY EMPLOYER Meridian Planning & Zoning February 26, 1982 page 2 9. Provide by dedication, 30' of right-of-way (as shown on the drawing) for E. Washington Ave.. future extension. 10. All dedicated streets to be constructed to ACHD Standards. 11. Delineate the private drive on the final plat. 12. Submit street and drainage plans prepared by an Idaho Registered, Professional Engineer. 13. Submit Subdivision Plat Review fee of $226.00. 14. The above requirements concerning right-of-way dedications may be superceded by the City of Meridian if their requirements are more stringent. If you should desire further information, please call us at 344-6111, ext. 424. We will be happy to answer any questions you may have regarding this Subdivision. Sincerely, Carol C. Kirby, Development Services Review Officer CCK: j1. cc: Potter & Associates, Inc. Thomas L. Marks ACHD Subdivision file