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1978 06-210 40 Meridian City Council Agenda June 21, 1978 Item 1. Minutes from June 5, 1978 meeting. Old Bussiness 5. Council Policy Decision on acceptance of interem sewer facilities (see evidence). 6. Gleenfield Manor No. 1 (tabled from June 5, meeting) . 4. Settelers Village (Protective Covenants). New Bussiness 3. Music Consert at Meridian Speedway. 7. Cherry Lane Golf Course, lease. 5& 8 Department of Health and Welfare, Division of the Enviorment Letter of requirment from entity to supply water and sewer services. 9. Ada County Highway District, State and Local agreement for construction, West Pine and Linder. Consultant Report 9.59 10 City Attorney, Wayne Crookston (proposed Condominium Ordinance No. 327). 9.5 City Building Inspection, Vernon Schone. 19. City Engineer, Carl Ellsworth a. Report on wells No. 9 and 10. b. Alley repairs. City Departments 16. • Police Fire 17. Public Works a. Miller Const. leak on West Pine/Linder. Sewer 18. City Clerks Office 12.a. Meridian Insurance. 13.b. J&D Quick Print billing. ll.c. Park Bidding. 14.d. Letter to E.P.A. Audit Manager, Region X. 2 Other: Stuart Billings Y1 W". Meridian City Council Agenda June 21, 1978 Item 1. Minutes from June 5, 1978 meeting. Old Bussiness a; .; 5. Council Policy Decision on acceptance of.Interemr facilities (see evidence). 6. Gleenfield Manor No. 1 (tabled from June.50' meet 4. Settelers Village (Protective Covenants).'. New Bussiness 3. Music Consert at Meridian Speedway. 7. Cherry Lane Golf Course, lease. 5'& 8 Department of Health and Welfare, Divisiori•of the Tetter of requirment`from entity to supply water`,, services. 9. Ada County Highway District, State and Local agre construction, West Pine and Linder• Consultant Report 9.59 t 10City Attorney, Wayne Crookston (proposed Condomi}i No. -327)- 27)•9.5 9-5 City Building Inspection, Vernon Schone. 19. City Engineer, Carl Ellsworth a. Report on wells No. 9 and 10. b. Alley repairs. ' 4 City Departments 16 Police Fire 17. Public Works a. Miller Const. leak on Wept`Pi Sewer 18. City Clerks Office ` 12.a. Meridian Insurance. 13.b. J&D Quick Print billing• 11-c. Park Bidding. 14.d. Letter to E.P.A. Audit Manager, Region,X,4 11 y Other: Stuart Billings 0 0 Meridian City Hall June 21, 1978 Regular City Council meeting called to order at 7:40 P.M. Councilmen present: Marvin Bodine, Richard Williams, Grant Kingsford;:Josesph Glaisyer Others present: Vera Schoen; Bruce Stuart; Herald J. Cos; Gary Sharpe; Donald Shaw; Lois B. Morgan; Wayne S. Crookston Jr.; Carl B. Ellsworth; Stephen L. Gomes; Steven W. Aosac; Michael L. Milhollin; Gene Wright; Gary Green Patrick Joy Agenda 1 The minutes of June 5, 1978 stood approved with corrections of Agenda items 6, 17 NEW BUSINESS Agenda 2 Mayor Storey stated approval of the bill was needed by the Council and taken on to the re- habilitation project. Carl Ellsworth stated it would take some time; suggested figuring something out outside the Council and handle through the City. Mayor Storey stated that he assumed Bruce Stuart, Work's Supt. and the crew would be paid by the City. Herald Cox stated that it would work out better if the contractor himself would pay. Mr. Ellsworth stated that he felt it should be paid by the City. Grant Kingsford moved to approve the bill for $645.15 seconded by Marvin Bodine. Motion passed: Bodine, yea; Williams, yea; Glaisyer, yea; Kingsford, yea. Agenda 3 Music Concert at the Meridian Speedway for the benefit of the Idaho Multiple Sclerosis Society. Lois B. Morgan, Executive Director, was present. She stated that they had a chance to have a benefit show at the Meridian Speedway on the 23rd of July. They would have four performing bands, one guest instrumentalist. Mr. Gould from the speedway had no objections and explained that the City was the next process. The Mayor stated that the City has a policy set up some years ago not to have shows there because we have had some problems. The County and Fair Board stated that they would not go with them anymore. The problem is handling people. It is a good cause but the speedway people actually do not have the right to tell them if they could or could not use it, that is the Dairy Board's function,. The Speedway is a sub -lease from the Dairy Show Board. The Mayor stated that he had talked to the Police Chief and he thinks there is apt to be problems out there. Richard Williams inquired about the hours and type of bands. Mrs. Morgan replied that Country and Western would be featured. The Societies reputation is at stake and they have looked into the performers and are convinced they are legitimate. The hours would be 6 P.M. to 8 P.M. Mrs. Morgan stated that they would hire the police from the City Police Department. Mayor Storey stated that it is easy to state a two hour show but at the Fair Grounds two years ago they could not get them to leave. The Police Chief does not want it. The purpose and type of people and who they would appeal to was discussed. The Weiser Festival and those people attending was discussed. Donald Shaw stated that there would be no alcoholic beverages served. u Meridian City Hall ,2, June 21, 1978 Cont'd Agenda 3 The Mayor stated parking is a problem, Police Chief, Gary Green, stated that it would have to be well policed, the number depending on the size of those in attendance and did not like the parking situation. Further discussion followed. Mayor Storey inquired about the number of police officers it would take, Chief Green stated that it would require three and for this situation, four. Marvin Bodine stated that he would not want to open something up for later. Further discussion followed, The Motion was made by Richard Williams and seconded by Grant Kingsford to allow the Concert for July 23 from 6 P.M. to 8 P.M. with the stipulation that no alcoholic beverages be served and that adequate security be provided, and the Society reimburse the City for all direct expenses incurred. Motion: Richard Williams, yea; Grant Kingsford, yea; Marvin Bodine, nay; Joseph Glaisyer, nay There being a tie vote the Mayor voted nay and the motion failed. OLD BUSINESS Agenda 4 Settlers Village (Protective Covenants) Steve Hosac was present representing Settlers Village. He stated that he wanted to talk about Settlers Village and Meridian Greens. He inquired if the problems with Settlers Village was resolved. Richard Williams stated that Joe Glaisyer had made suggestions that should be incorporated. Micheal L. Milhollin stated that the developer has supplied a cover letter and revised documents. Mayor Storey stated that he had it. Richard Williams stated that he would not make a decision until he has a chance to review the document. Mr. Hosac stated that they would make sure everyone received a copy. On Meridian Greens he informed the Council what they were doing with services. He stated that there are two possible routes to run the services. One way over 7,000 lineal feet of sewer line, the other alternative would run through the Naha's property and has some advantages. He is going to have to sewer and water his property, and possibly can use common rights of way for both water and sewer. The laying of lines was discussed. Agenda 5 Council Policy Decision on acceptance of Interim Newer Facility and Letter of Requirement from HEW Division of the environment. The Mayor read the letter received from the Division of the Environment (see evidence) The Policy was discussed. The Mayor stated that we have told the developers that when the lines were in and have been inspected that we would inspect the lift stations. The matter was discussed. Richard Williams stated that this matter has come up almost at every meeting. In the interest of time and for clarification a formal policy should be adopted so when developers come in the City can write a letter to FHA, ect., and state the City would accept the interim facitilites in accordance with attached policies. The Mayor concurred but questioned who the system belonged to at the time they can get on the sewer 0 0 Meridian City Hall .3. June 21, 1978 on Agenda 5 Richard Williams read a draft of a Policy Statement on Interim Sewer Facilities and submitted it as the policy for the City of Meridian to adopt• RESOLUTION: The City of Meridian will accept responsibility for the operation and maintenance of Central District Health and City of Meridian approved interim sewer facilities subject to the following conditions: 1. The developer will reimburse the City of Meridian for all costa, direct and indirect, associated with the operation and maintenance of the facility. These costs will be billed directly to the developer by the City of Meridian. 2. The developer will connect to the permanent sewer lines within sixty (60) days after the new sewerage treatment facility or the Phase III trunk line project is completed, whichever occurs last. The completion date will be decided by the City Engineer. 3. If the developer does not connect to the permanent sewer lines within the time limits set forth above, or within a time extension granted by the City Council, the City of Meridian absolves itself of all responsibilities for the interim facility. 4. If the interim facilities have been operated or maintained by the City for a period of one year or more, all equipment shall revert to the City. Wayne Crookston, City Attorney, stated that it was his understanding that the City never agreed to maintain the entire system during the interim period. Patrick Joy questioned Mr. Crookston on his interpretation of the letter on Franklin Square (see evidence) Joseph Glaisyer stated that he thought we had countradicted ourselves between Franklin Square and Max Boesiger. Richard Williams stated that the developers could not get financing without the City taking over the operation and maintenance of the facility. It is a State policy through HEW that the only operating enity can be a unit of government. Grant Kingsford stated that it was his understanding that we had committed ourselves verbally. Richard Williams stated that he would like to see this established as a written policy with all costs direct and indirect associated with the operation and maintenance passed tbftugh. The Motion was made by Joseph Glaisyer to accept Councilman William's policy, seconded by Grant Kingsford. Wayne Crookston stated that there was a possible problem with a developer moving out and questioned who the City would fall back on. He questioned a Homeowners Association. Richard Williams stated that he agreed with Mr. Crookston but as a practical matter from the standpoint of financing costs, realistically, the problem should not exist between now and next April. Mr. Crookston pointed out future problem areas with interim facilities. Mr. Kingsford stated we would deny those future development if they could not connect to the sewer system. Mr. Crookston recommended that there be a Home Owners Association to fall back on to bill. Richard Williams suggested as an alternative to that suggestion that if the City gets in that position then the Subdivision can be singled out for a special increased rate based on costs that are hot attributable to anyone else in the community, a cost recovery. Gene Wright, J -U -B Engineers, Inc., stated that Home owners Association is hard to work with. i The question of presenting the matter as a resolution was discussed. The second and the Motion was withdrawn and it was decided that it would be presented at the next Council meeting as a Resolution. Meridian City Hall .4. June 21, 1978 Agenda 6 Glennfield Manor No. 1 Gene Wright, J -U -B Engineers, Inc., was present representing Glennfield Manor No. 1 and stated that there had been a problem with the school site. The problem had been discussed with Chief Green and Chief Welker. Patrick Joy read a message from Chief Welker stating the Department of Labor is in agreement on two accesses for the school. Gene Wright stated that the school did not want an access off Linder Road. The problem of an access was discussed. Police Chief Green stated that Fire Chief Welker's concern was driving through a breakaway access on to a soft surface such as a playground. School traffic through a Subdivision was discussed. Gene Wright suggested approving the Plat on Glennfield No. 1 with the stipulation that we provide the school district with another fifty (50) foot access into the school site agreeable to both the School and the City. The concern is if the Council approves a site of accesses unacceptable to the School District. Richard Williams stated that they have provided a School site at their cost, regardless of where we decide the access site should be contingent on the site. Gene Wright suggested that the City Clerk withhold his signature until a mutual agreement is reached and a letter is received acceptable to the City, that way we can get the approval to move ahead. The Motion was made by Richard Williams and seconded by Grant Kingsford to accept Glennfield Manor No. 1 Plat conditioned upon obtaining a second access to the School site to be worked out by the City (represented by the Fire Chief and Police Chief) and the School District before the starting of the School facility;.and granting variances on block lengths; and on acceptance by Public Work's plus the proposed resolution. The Mayor inquired if Superintendent Stuart had received the Plat. Superintendent Stuart stated that he had not. Mr. Glaisyer inquired why he had not reviewed them. Mr. Stuart stated that it was.because_of-a_time problvmw The Mayor inquired when he had received them. Superintendent Stuart stated that he received them the 5th of May along with four others. Richard Williams stated that Superintendent Shults had approved his portion and Sumner Johnson, J -U -B. Engineers, Inc., had approved the sewer and water lines. Superintendent Stuart stated that he had not seen anything from J -U -B. Enginners, Inc. Mayor Storey stated that he felt the plans should be held up for Superintendent Stuart's input. Mr. Williams inquired wether Sumner Johnson had approved the Plat. Gene Wright stated that he had approved it. The Mayor stated that this approval is supposed to go to Superintendent Stuart from Mr. Johnson. The Mayor inquired when Superintendent could review the Plat. Mr. Stuart stated Monday of next week. (June 26th) He stated there are a lot of people on a deadend line. Gene Wright stated that Mr. Stuart had indicated to him that his approval would be contingent on connecting down Linder Road. Through an oversight it did not get onto the plans. Variances were discussed. The Motion carried with Glaisyer abstaining. Motion passed: Bodine, yea; Williams, yea; Kingsford, yea; Glaisyer, abstain Meridian City Rall Agenda 7 NEW BUSINESS 0 0 .5. The proposed Golf Course Lease was next on the agenda. June 21, 1978 The Mayor read the letter from Wally Lovan. (see evidence). The Mayor stated that he felt if the City was to get a Golf Course it would have to be this way. Patrict Joy reported on the Boise policy. Richard Williams stated that he felt that this was an opportunity for the City. Wayne Crookston Jr., stated that he had done research and there are problems.(see evidence) The City by statute can lease, and stated the opinion of the City Attorney. The Golf Course was discussed. The Motion was made by Richard Williams and seconded by Grant Kingsford to send a letter to Wally Lovan that the City is receptive to the idea of leasing out the Golf Course to private concerns and will open negotiations with interested parties. Motion passed: Williams, yea; Bodine, yea; Glaisyer, yea; Kingsford, yea. Mr. Crookston stated that their concern is the City's obligation to bring in as much revenue as possible. The matter was discussed. Agenda 8 Department of HEW Division of the Environment, Letter of Requirement from entity to supply water and sewer services. Covered by earlier resolution. Agenda 9 Ada County Highway District, State and local agreement for construction, West Pine and Linder. (see evidence) Patrick Joy read the letter from Ada County Highway District. (see evidence) Richard Williams moved to approve the Resolution for the tree cutting on West Pine and seconded by Marvin Bodine. Mayor Storey stated that he thought it would be cheaper to hire out the laying of water lines across West Pine. Councilman Williams agreed. Motion passed: Williams, yea; Bodine, yea; Kingsford, yea; Glaisyer, yea. The Mayor stated that he thought the ACHD was not performing up to standard for Meridian. The City had the best streets in the County and are not getting a fair deal. The matter was discussed. The Mayor recommended that a meeting should be called between ACHD and the Council. The projects the City lost because of the ACHD were discussed. Councilman Williams questioned why the stop lights were not completed. Agenda 9.5 CONSULTANT REPORTS Vernon Schoen, Building Inspector, nothing to report. Agenda 10 Councilman Kingsford discussed Condominium conversions. The Sanderla Condominium Proposal was discussed. The matter was tabled. 0 0 Meridian City Hall .6. June 21, 1978 CITY DEPARTMENTS Agenda 11 The matter of tiling the park was brought up including tree removal, laying the tile, putting in a head wall and manhole. The Mayor had received bids from Woodland Landscaping, it is a partial bid.(see evidence) There was also one (1) bid from Judy Construction. The bid was read (see evidence) The Park was discussed. Matching funds were discussed. The Motion was made by Marvin Bodine and seconded by Joseph Glaisyer to accept low bid. Motion passed: Bodine, yea; Kingsford, yea; Glaisyer, yea Williams, nay Agenda 12 Meridian Insurance: Councilman Glaisyer informed the Council on a meeting held with Meridian Insurance. The Motion was made by Joseph Glaisyer and seconded by Marvin Bodine to pay the premium to Meridian Insurance that is now overdue..;:,c— Motion passed: Bodine, yea; Williams, yea; Kingsford, yea; Glaisyer, yea Agenda 13 J & D gwik Print: Patrick Joy reported that the J & D gwik Print is a quick copy service that does not handle account. They printed the draft of the Comprehensive Plan. The Motion was made by Marvin Bodine and seconded by Richard Williams to pay the bill for $295.28. Motion passed: Williams, yea; Bodine, yea; Kingaford, yea; Glaisyer, yea. Agenda 14 Letter to E.P.A. Audit Manger Region X: Carl Ellsworth, J -U -B Engineers, Inc. reported on the interim audit and stated that the time extention had been granted by phone and they are waiting for written confirmation. Agenda 15 The new Park was discussed: Agenda 16 Police Report: The Police report was presented by Chief Green. He informed the Council Law Enforcement Planning Division did approve the City application for an investigator. Prices for leasing necessary equipment are being checked* were outlined and their distribution. Agenda 17 Superintendent Stuart discussed a self propelled sweeper. that the The funds Marvin Bodine suggested that we would be better off to wait on equipment until the new park is ready, to save updating equipment. Grant Kingsford stated that he had talked to Mountain View Equipment and they offered a good deal on a tractor and mower. • n Meridian City Hall .7. June 21, 1978 Agenda 18 Herald Cox, City Clerk, explained the procedure for closing the books on the 1955 water bonding issue and suggested the City Clerk be instructed to transfer $490.00 from the Bond Redemption Fund of 1955 to the Enterprise Fund. The Motion was made by Marvin Bodine and seconded by Grant Kingsford that the City Clerk be instructed to transfer $490.00 from the Bond Redemption Fund of 1955 to the Enterprise Fund. Motion passed: Williams, yea; Bodine, yea; Glaisyer, yea; Kingsford, yea Bodine moved that the bills be allowed, seconded by Glaisyer. Motion passed: All yea CONSULTANT REPORTS Agenda 19 Engineering: The Engineering report was presented by Carl Ellsworth. He reported Well No. 9 is operational as of today, Well No. 10 is almost complete. On alley repairs, the 11th of July the Engineers will do an inspection of streets and alleys to determine repairs needed and send notification to the contractors. Miller Construction has been contacted on the West Pine Linder leak. Change Order No. 2, Waste Water Treatment Facility Construction, M & Y Construction Co. is an additional $5,178.37, the itemized attachment shows the breakdown. Mr. Ellsworth recommended approval. The Motion was made by Richard Williams and seconded by Grant Kingsford to allow Change Order No. 2, M & Y Construction for $5,178.37. Motion passed: Williams, yea; Bodine, yea; Glaisyer, yea; Kingsford, yea Change Order Number 29 Boise River outfall, no change in prices. Grant Kingsford moved to approve Change Order No. 2, Boise River Outfall, seconded by Joseph Glaisyer. Motion passed: Williams, yea; Bodine, yea; Glaisyer, yea; Kingsford, yea Richard Williams noted Galey Construction is two to three weeks behind in Construction of Phase III. Carl Ellsworth stated that he has asked for a Construction schedule but has not received one as of yet. Engineering Statement for April 22 to June 16, mostly are review of development plans. The total is $1,384.63. The Motion was made by Richard Williams and seconded by Grant Kingsford that the Engineering Statement be allowed. Motion passed: Williams, yea; Bodine, yea; Glaisyer, yea; Kingsford, yea. The Engineering statement on the Park comes to $811.31 to cover work from April 22nd to June 16th, 1978. Richard Williams moved to allow the Engineering Bill on the Park for $811.319 seconded by Grant Kingsford. Motion passed: Williams, yea; Bodine, yea; Glaisyer, yea; Kingsford, yea. Agenda 20 Mayor Storey complemented Councilmen Bodine for receiving the Treasure Valley Chamber's Award, and for his service to Meridian. Richard Williams moved to adjourn at 10:10 P.M. There being no opposition, the meeting stood adjourned. attest: i p 4 �1 MAYOR l Time Date ET I N G IN CITY COUNCIL Hall Meridian Street idian, Idaho 7:30 P.M. July 5, 1978 Items to be discussed are as follows: OLD BUSINESS NEW BUSINESS CONSULTANT REPORTS CITY DEPARTMENT REPORTS •'—r•—�r�sTrr 0 June 8, 1978 Honorable Mayor Storey and Council City of Meridian Meridian, Idaho 83642 Dear Mayor and Councilmen, I and several other individuals would like to form Cherry Lane Golf Course, Inc. The proposed company is seeking to lease the Leavitt NuPacific golf course property that is being conveyed to the city. The proposed lease with the city would be for a 55 year period with annual minimum rental of •$6,000.00. The company would take over the entire operation and improvements. The lease would be a triple net lease; wherein the lessor would pay all expenses, including taxes, insurance and maintenance costs. In addition, the company would make certain additional im- provements including, but not limited to, a pro shop, racquet ball club, snack bar, tennis courts and possibly other recrea- tional projects. If the city is interested, we will prepare a proposed Lease Agreement for city attorney's recommendation. -`y yours, Wallace D. Lovan WDL/lm D O ` n m On O i A 2 D m N //yyam� \' O qo W O ^ AF ffm MAY 23 1978 MAY 23 1978' Lan vaping 1111 West Cherry Lane Meridian, IdaM683• t:. 842V�llallQ Ir LEE W. JONES Residence88BA595 Busingss888-4445 -------------- Number Description 1 Size Each 'Tate i4; 10 acres Prepared for seeding ( two tillage# two rock 112#0009 C; r>, removals# leveling and seeding) s;<. 1000 lb. Seed 1#300- 4300 lb. Fertil=izer 3 JOB TOTALS 113#700• ., a +:vs 4 n: -a j 1 ' r+i r JOB TOTAL ,k r + •f f POLICY QUESTIM City acceptance of intere 4 sewer .faczl`ities An obstacle has developedrelating to the Cities pdsitior�,�'- on hc'cepting inteiem sewer facilities frorr deyelopersr, constructing ."in' Meridian and attempting to a gtiiare f nar3cing n� for their #rodjects. z r Lending'iristitutions appear to be requiring documentation „! $,.:. that the City accepts the monitoring and maintance of these interem the systems before y y approve the'subdivison for financing. This acceptance has also been required from a new government agency, HEW�Divison of the'Enviorment (see agenda evidance.7). ^i The question the Cit Council must address is the q y probability, that the new Sewer Treatment Plant and Lines will be completed on a schedual that predates a preformance bond ori the inteiem system. In addition any expense the City II might incur should be defined and a cost recovery system analyzed. Possible types of options: A. Pass thru cost to developer with or without a �= stipulated time frame. Example: There"will be— a one.year preformance bond after the City accepts the system. 2. A possibleagreement might include a longer time frame-than one year. 3. The Developer supply the materials and the City. 5 e� supply the labor for maintance. r 4 4. The City charge for maintance labor, plus materials _t ` however, no cost factor has been computed on direct a- or indirect expences from the city. 5.- Pass thru charges to some type of Home Owners Association 4� { however, the city offices do not have the time,=personnel or facilities at this time to break down different user ti.. changes. d 6. Other. IIUr3 OF TRrASURE VALr C3' s CITY OF MERIDIAN OFFICIALS -" COUNCILMEN . p.J, CON, CITYCL4nN. F.O_ 728 Meridian Street MARVIN R RODINE IF®FRT. TREASUREII M9RIDIAN,- IDAHO RICHARD C. rWILLIAMS L. GREEN. CNIEF OF FOLICR 83843 josEPHN SFOES p.. STUART, WORN SUPT ,Phone 883-4433GRANT P . K gyp'- D: FITZOKRALD. ATTORNFY..HERALD J COX.+: TRAFF4O 14uRFA4 WELNI:R. -FINE CNIEF DON M. STOREY SEG. ZONING ! PLANNING MayorWILLARD ROWII.�EY ' CNAIRM-N ZONING A PLANNING y$F Yi + f ..MAY 2, 1978' x � y 1. +. N It 6 froCRAL hOUSiNG APMINISTRATIQN ,REF.RANKL.IN SQUARE, FHA FiLz No 12-001-558 a b I „THE'C 1TY OF; MERIPIAN HEREPY CERTIFIES THAT. THE SANITARY SEWER FICMITIES FOR FRANKLIN SQUARE SU13DIVISION WILL 13E ACCEPTED FOR MAINTENWE BY THE; CjTY OF MERIPtAN, + t• 4 1' DON Mk STOREY MAYOR + ya'..DMS:dD F� # PC: FJLE .: " S W513LEFdELQ, DEV, CO. 1, 1 3t � d f s lk( 4 t i i V F � i .,LL June 12, 1978 Mayor Donald Storey City of Meridian ? - Meridian, ID 83642 al Estate Developers d. Bort 1847 Dear Mr. Mayor: 0222 N.E. First Street' ellev*Washington98009 This letter will serve as notification df our Com- elephone(206)455-9696 pany's intent to have the Cherry Lane Subdivision serviced v 'R by the permanent main sewer lines that are presently being a, installed and will soon be in the general area of our develop- ment. x Although Phase I of the development will be serviced by an interim sewage disposal facility, after the permanent " sewer lines are available, within 60 days, NuPacific will fic i connect into the permanent lines, provided, however, that i+" a weather conditions will allow necessary construction. i• a Further, we are presently pursuing the acquisition of the necessary easements in order to service the remaining �i � portions of the Cherry .Lane Development. If Weare not able to acquire the easements of preference, we do have M alternate routes by which we can service the entire develop- ment. Any further information pertaining to the actual: easements,their location, alternate routes for sewer u„ installations, and the pertinent details as to the sewer lines themselves can be obtained through our Engineers in Boise, J.U.B. Engineering. n z Very truly yours, 3. VITT NUPACIFIC i lleen Cu Eggert y; ty , Vice President. cc: "Gene Wright ZY" Mike Preston i June 12, 1978 0 Mayor Donald Storey 7 city of Meridian Meridian, ID 83642 at 98009 Dear Mr. Mayor: 9 9696 This letter will serve as notification of our Com- pany's intent to have the Glennfield Manor Subdivision serviced by the permanent main sewer lines that are presently being installed and will soon be in the general area of our development. s } Although Phase I of the development will be serviced by an interim sewage disposal facility, after the permanent sewer lines are available, within 60 days, NuPacific will connect into the permanent lines, provided, however, that weather conditions will allow necessary construction. Further, we are presently pursuing the acquisition of the necessary easements in order to service the remaining portions of the Glennfield Manor Development. If we are not able to acquire the easements of preference, we do have alternate routes by which we can service the entire development. Any further information pertaining to the actual easements, their location, alternate routes for sewer installation, and the pertinent details as to the sewer lines themselves can be obtained through our Engineers in Boise, J.U.B. Engineering. "k Very truly yours, �•iI.8AVITT NUPACIFIC Colleen C. Eggert Vice President CCE:sss cc: /Gene Wright Mike Preston } r RESTRICTIVE AND PROTECTIVE kf' COVENANTS r SETTLERS VILLAGE SUBDIVISION x ADA COUNTY, IDAHO , { E KNOW ALL MEN BY THESE PRESENTS: r' That We, the undersigned, are the owners and the holders of the title in fee simple estate of all that certain real estate situated in Ada County, Idaho, particularly described as follows: SETTLERS VILLAGE SUBDIVISION, as k shown on the official plat thereof of said subdivision, recorded in Book of Plats at Page k recor s o Ada County, Idaho. ,. We therefore set out the following RESTRICTIVE AND PRO- TECTIVE COVENANTS, which shall govern the lots, parcels, and tracts located in SETTLERS VILLAGE SUBDIVISION. By acceptance of any conveyance of any property in said subdivision, the F . Grantee and the Grantee's heirs, successors, and assigns cove- pant with the party hereto and the heirs, successors and assigns of the party hereto to follow and carry out the purpose and meaning of these RESTRICTIVE AND PROTECTIVE COVENANTS. ARTICLE 1: GENERAL PROVISIONS. (a) DESIGNATION OF COMMERCIAL LOTS: Lots 1, 2, 3, 4, F �L 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18, Block 1; ,, Lots 7 8, 9, and 10, Block 4; Lots 1, 2, 3, 4, 17, 18, 19, 20,' 9 21,,220 23, and 24, Block 5; And Lots 1, 2, 3, 4, S, 6, 7, 8, and A, 9, in Block 2, shall be known and described as commercial lots and said lots and any portion of said lots and or any structure !placed thereon shall not be used for any residential purpose. (b) DESIGNATION OF RESIDENTIAL LOTS: Lots 5, 6, 7, 8, 9,J0, 11, 12, 13, 14, 15, and 16, Block 5; Lots 1, 2, _3, 4, 5, and. 6, Block 4; Lots 1, 2, 3, 4, 5, 6, 7, and 8, Block 3; And Lots and 12, in Block 2, shall be known and described as MULTI- ",11 ;'FAMILY -RESIDENTIAL lots and said lots and any portion of said lots =� $ � F ` and',any structure placed thereon shall not be used for any 4 + commercial purpose. Each lot described in this paragraph (b) x a 4 as a MULTI -FAMILY RESIDENTIAL lot shall be used only for resi- -dential structures enclosing four -family living units. V. ',- (c) DESIGNATION OF DEDICATED PARK: Lot 10 in Block L 2, shall be known and described as a dedicated park which shall be deeded in fee simple to the owners of the property on which commercial structures are built and those owners will be respon- sible for policing the use and maintenance thereof. ,•'. ARTICLE 2: PROPERTY USE RESTRICTIONS. (a) GENERAL: It is the intention of the developers andArchitectural Control Committee to insure the highest standards ofquality and aesthetics in the building, landscaping and main- tenance of the subdivision. Architectural design will follow that �,:' of the first building constructed. All structures whether commer- Y cial or multi -family residential shall be subject to the follow - ingprotective and restrictive covenants: '(1) All structures shall be built of all new ' r materials and maintained in a neat and orderly manner. j (2) No lot or parcel shall remain vacant without approved construction as hereinafter required for a period of time exceeding 180 days from the date of purchase of the lot or e parcel. If any lot or parcel shall remain vacant in violation shereof , for a period of time exceeding 180 days, the undersigned ! owners shall have the right, upon written demand, to re -purchase 'P K said lot or parcel at a price equal to the most recent purchase price. (3) No activity shall be conducted or permitted on S i any property which produces noise, vibration, grease, heat, i smoke, or particulate matter or toxic or noxious matter, radiation, radio emission, in a level and quantity and degree constituting ! a public or private nuisance or hazard. (4) No animals, livestock or poultry of any kind shall be raised, bred, or kept on any lot or parcel of land ,• st within said subdivision. Household pets will be permitted pro- e 777 'vided no more than two such household pets are maintained per household. Y e No outside animal shelters, cages, runs or dwellings of any kind will be permitted' and no household pets will be permitted " to run free, be enclosed in fenced yards or chained or teathered in..any-way ,outside. No animals, fish, livestock or poultry shall Y: be raised, kept, ox bred for commercial purposes' anywhere in said subdivision. ' (5) No structure of temporary or mobile homes, in - 4 11 cluding trailers, tents, shacks, barns„ basements, motor homes, .; campers, bussess'or,cars shall be used on any lot or parcel at i- any time as a residence living quarters, overnight facility, resting area or domicile. No lot or parcel shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste. All such material shall, be keptneatlyin covered trash containers. - ` No such container larger than 50 gallons capacity shall be allowed on any lot or parcel. (7) The minimum dimensional standards for building s+ setback shall be in conformity with the subdivisions and other ordinances of the CITY OF MERIDIAN, IDAHO. (8) No individual water or sewage disposal system shall be permitted on ayn lot or parcel. All water and sewage disposal systems will be centrally operated and maintained by ;. :,,the CITY OF MERIDIAN, IDAHO. (9) No signs or advertising displays of any kind shall be displayed, erected or maintained without` written a P, appioval of the, Architectural Control Committee as provided W herein..,No sign with a surface area exceeding ;15 square feet `. „shall be permitted. In addition signs, billboards and displays may not.'be placed in any yard or street and may not be suspended from or ,attached to any building or structure ;such that the sign, { ''billboard or display extends more than eight inchesfromthe ' ;.building or structure. (10) No fence, hedge, shrub or tree planting which ¢`obstructs sight, lines at elevations between 2 and 6 feet above roadways shall be placed or permitted to remain on any corner L +� lot forming intersections. �, R (11) The commercial lots as designated hereid shall be used and maintained only for commercial purposes as defined,.` in applicable ordinances. No industrial, light industrial,, fabrication or manufacturing functions or facilities shall be permitted on any lot, parcel, structure or building. No storage facilities, temporary or permanent, shall be maintained except: necessary for the normal business and living,: requirements' of.; the owners of lots, parcels, or buildings. ARTICLE 3 EASEMENTS. , (a) GENERAL: All conveyances of lots or parcels,{ E: shall include certain easements relating to building, relairir and maintaining electric lines tele hone cables as water and storm drainage lines, radio and television lines, sever lines or other services now or hereafter provided. (b) LOT LINE MAINTENANCE EASEMENTS: There isspecific-' ally reserved upon each lot for the benefit of the adjoinding.lot upon which a structure or dwelling is located, immediatelyito or within four feet of the common lot line, a four -feet wide,yeasement This easement is granted -,during daylight hours of 10:00 ailM.;to,': 4:00 p.m, only for maintenance, repair, restoration 'of ttie dwellin, or structure and its grounds. ARTICLE 4: ENFORCEMENT & TERM OF RESTRICTIVE' AND PROTECTIVE'; COVENANTS.: (a) GENERAL: The Grantees and the owners of any -,record ed mortgage upon any part of said lot or parcel shall have the right to enforce the provisions of these restrictive andiprotectiu, covenants at law or in equity.; (1),SEVERABILITY: Invalidity of any one o€ these wire-+ nants and restrictions by judgement or court order shall.not�affe.c any other provisions which shall remain in full force ane effe;ct'."` (2) TERM: These Restrictive and Protective doveiants shall run with the land described herein and shall be binding an -a the parties hereto, successors, heirs, and assigns 'for a,period ` of thirty years from the date said covenants "are recorded' after which time said covenants shall be automatically extended for r successive periods of 10 years unless an instrument signed tId -4- Tv_ a majority of the then recorded owners of the Lots or parcels ?r' t!.'` has been recorded, agreeing to change said covenants in whole s or in part. r ARTICLE 5: APPROVAL OF PLANS. ,. (a) •ARCHITECTURAL CONTROL COMMITTEE: The Architec- tural Control Committee is hereby established and shall consist ?of A.J. Goade, Boise, Idaho; Larry D. Graves, Boise, Idaho; and t w V",:,Norman G. Fuller, Meridian, Idaho. A majority of the committee ' may designate an individual or corporation to act for it. In the i J "'N event; of death or resignation of any member of the committee, the 'I, ,'� remaining members alone may designate a successor. The committee shall exist in perpetuity. E t (b) ARCHITECTURAL REVIEW $ APPROVAL OF PLANS: It is the primary purpose of the Architectural Control Committee f!' to review and approve construction plans and specifications. Complete plans and outlines specifications of all proposed buildings and structures, fences, patios, decks, landscaping and ` y mhintenance of watering systems together with a detailed plan sowing,proposed location on the particular`-lotor parcel, shall a j." b submitted to the Architectural Control Committee before any r rY ; construction or alteration is started. Any suchconstructionor p ,' alteration shall not be started until approval of plans and Specifications is given by the committee. a (c) FORM OF APPROVAL: Plans and specifications shall ..r r bq considered approved only when an approval letter is signed by # -a'majority of,the members of the Architectural Control Committee The approval letter shall.specifically indentify and individual ' pXoject, and set of plans and specifications. Failure to approve n of disapprove the plans and specifications within 45 days after ; d- `# '#. they are submitteed to the Architectural Control Committee shall constitute approval of said plans and specifications. y ` * (d) APPROVAL IS DISCRETIONARY: Approval of plans and s. ry ''specifications is wholly at the discretion ofthe Architectural ' L Control Committee, the Committee shall have the authority to refuses ' ;e+ improvements; construction or alterations which; in its opinion, . t,k a& hot-suitable or desirable for any reason. r � y ' I` Yih•+W4Mww..�s.. .. Ml!I......n 4. X...:. .. .rl _.. . `y :. _. :_.. .., .aa. W.j,Ym.'p1(N. i s (e) CHANGES AND ALTERATIONS: Any changes and altera- 1( tions to original plans must be approved in writing by the Archi- tectural Control Committee following the routine used for approval h g" of full plans and specifications. -ARTICLE 6: MISCELLANEOUS PROVISIONS. - (a)PROSECUTION OF CONSTRUCTION: The construction of yeach dwelling"building and structure shall be prosecuted diligently and continuously from time of commencement of con- struction until each dwelling, building or structure is completed. Dated this ' day of 1978. LL NORUS, INC. �1 BY: r BY: r x' State of Idaho) ss. County; of Ada ) 4 On this day of 1978, before me, a,Notary PublicTin and for saiState, personally appeared and , known to me to be the President and Secretary of the corporation 'that executed this instrument or the persons who executed the instrument on behalf of said corporation and acknowledged to G me`-that such corporation executed the same.` WITNESS MY HAND AND SEAL the day and year above written. A Notary Public for Idaho t Residing at Meridian, Idaho, a V P S r ' t „ . c FEDERALSAINGS f, rst AND LOAN ASSOCIATION OF BOISE !'.. 4 ` MERIDIAN OFFICE: 713 E. FIRST, MERIDIAN, IDAHO PHONE 888-1447 e J � � June 12,1978 Meridian City Council Meridian, Idaho 1, Dear Council, On our last meeting of June 5,1978, I made mention that the Re- strictive Covenants of Settlers Subdivision were evasive and not in the best interests of the City of Meridian, and from that conversation I stated -I would suggest some additional covenants to enhance those y covenants presented by Mr. Fuller. Please review the attached list of suggestions. If you should have any questions, please call. Bes re/gar, osep L. Glaisyer t+ I T Jt ,DIREGYORS; J.*B. DOLLARD J.:F. FLANNERY. E. D. BAIRD N. J. BfDEGANETA E. L.GLAISYER DR. R. A. FORNEY MAX YOST R. DGLAISYER 7. IDAHO'S LARGEST SAVINGS ASSOCIATION Al, Suggested Additional Covenants for Settlers Village Subdivision y, 1'. LIGHTING: Except for exterior lighting, operations producing heat or a glare shall be conducted entirely within the proposed building. Security lighting fixtures are not to project n above the facia or roofline of the building and are to be shielded from direct street view. Z. OFF-STREET No on -street parking shall be permitted. The " PARKING grantee, its successors and assigns shall pro- vide off-street automobile parking facilities at the minimum rate of one (1) space per 1000 sq. ft. of building. All parking areas shall be paved with a dust free all weather surface and be well drained. 3. OFF-STREET All loading and unloading of trucks, railroad LOADING: cars and other vehicles shall be made on the above described premises with no on -street loading or unloading permitted. 4. PAVING: All truck loading aprons and other loading „> areas including parking lots shall be paved i with concrete or hot asphault paving. 5. SCREENED STORAGE Any materials, supplies or products which shall ^ FENCES: be stored or displayed on the premises outside i of the premises structure, shall be visually screened from all approaches by a suitable fence, landscaping or screen. No fence shall be closer .- than ten (10) feet to front or side streets. 4 All outdoor refuse collection areas shall be screened from streets and adjoining property by a complete opaque screen. No refuse collection areas shall be permitted between frontage street ^- and the building. 6.1 ROOF -MOUNTED All roof -mounted equipment and ventilators pro- ..t EQUIPMENT: jecting more than two feet above the roof or roof parapet are to be screened with an enclosure. which is designed and painted consistently with the buildtng. T,7. EXTERIOR DESIGN: All buildings must be constructed of. reinforced , concrete or masonry, walls or other materials k approved by the Design Review Committee. Pumice block shall be painted or stained. Pre -cast or tilt -up shall be exposed aggregate, painted or stained. No part of the roof shall project above the parapet except where such slope is a con- vincing aspect of the building design. All ex- terior wall elevations of buildings facing streets E ..J. are to have approved architectural treatment. Any additions or alterations to any portion of the approved plans shall be subject to review and approval of the Design Review Committee prior' to construction. Construction is subject to -' 8 correction at any time unapproved additions or r4 alterations -are noted by the Design Review S. Committee or its successors. 1 t ,r 'I r LANDSCAPING: All areas of the site not covered by buildings V shall be 100% landscaped or paved. Exceptions may be made for railroad spur tracks and setbacks areas along rear and sideyards. Areas held for m - expansion shall be kept in a weed free condition and must be graveled, paved or landscaped. ' 9 SETBACK LINES: A strip a minimum of ten (10 ) feet in width shall be landscaped and maintained along any public street { or right-of-way. Said landscaping along the street: ;'. frontage shall consist of sod and trees spaced forty s< (40) feet on center. Said trees to be planted with- in the public right-of-way 22 feet towards the 4 s center of the street from the property line when adjoining a public right-of-way. 4 110 All buildings parking areas, fences, screens and landscaping will be maintained in a first class condition by the grantee. r •y G c IF n 4 rl .I 1 e z q 5 i 9. ! :R Na'TY I!4 Dear Mayor and Councilmen, I and several other individuals would like to form Cherry Lane Golf Course, Inc. The proposed company is seeking to lease the Leavitt NuPacific golf course property that is being conveyed to the city. y. The proposed lease with the city would be for a 55 year period with annual minimum rental of $6,000.00. The company would take over the entire operation'ind improvements. The lease would be a triple net lease; wherein the lessor would pay all expenses, including taxes, insurance and maintenance costs. In addition, the company would make certain additional im- provements including, but not limited to, a pro shop, racquet j ball club, snack bar, tennis courts and possibly other recrea- tional projects. 'If the city is interested, we will prepare a proposed Leas, Agreement for city attorney's recommendation. 4'' Very truly yours, Wallace D. Lovan WDL/Im r L dSTATE 01 IDAHO DEPARTMENT OF HEALTH AND WELFARE C Division of Environment 801 Reserve Street Boise, ID 83702 June 5, 1978 Mayor ,and City Council JUN p 8 RECO City of Meridian 728 Meridian Street Meridian, ID 83642 Attention: Mr. Pat Joye Dear Mayor and City Council: Mr. Pat Joye has requested that I explain some of our procedures and requirements ,for approving plans for water and sewer lines for new subdivisions. As part ine water ana/or sewer service to a new supaivision suomlt us aocumentation a that upon satisfactory completiono construction said entit will gervice ani accept eration and maintenance res onsibilitie r the new or ex ane system: is requirement is out i in ection o e aho Regulations For Public Drinking Water Systems. F The purpose of this requirement is to insure that the agency proposed by the developer to serve the subdivision has had an opportunity to review the plans and has agreed to provide service to the development. The requirement serves j:. the interest of the service agency, the developer, and the state. In cases 3 where a city will be the service agency, the Public Works Department or Engineering Department typically provides the required documentation. At this time our office is specifically concerned with the Meridian Manor No. 3 y -,:Subdivision. We need a letter from the city indicating that upon satisfactory .,completion of construction, the city will provide service and accept operation y a and maintenance responsibilities for the water and sewer lines. I '•If I can provide any additional information, feel free to contact me at 384- -3823. Our office would also be glad to provide you additional information or I answer any questions during one of your City Council meetings if you feel it would be beneficial. i Sincerely, a� Tom Korpalski Environmental Engineer s TK/cb ry cc: Mr. D. Micheal J -U -B Engineers Preston, ✓ • T t{ri` 7 FQUAL OPPORTUNITY EMPLOYER i June, 15, 1478 Mayor Don Storey City of Meridian M , 728 Meridian Street Metidian; Idaho" 83642 ItRei Skate and Local Agreement for i Construction - Weat Pine Avanna 1 .`° • ADA COUNTY HIGHWAY DISTRICT . IKE SILVA. PRESIDENT' 318 E. 37TH STREET " LEON'. FAIR BANKS, VICE PRESIDENT BOISE. IDAHO 63704 DAVID. A. WEEKS. SECRETARY PHONE: 384.8936 i i June, 15, 1478 Mayor Don Storey City of Meridian M , 728 Meridian Street Metidian; Idaho" 83642 ItRei Skate and Local Agreement for i Construction - Weat Pine Avanna hKeys ..t) ORDINANCE NO, AN ORDINANCE AMENDING SECTION 2-405 OF THE REVISED AND "ORDINANCES OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, THERETO SUBSECTION 12, RELATING TO CONDOMINIUMS, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CI MERIDIAN, ADA COUNTY, IDAHO: COMPILED BY ADDING Y OF Section 1. That the following is added to Section 2-405: 12. CONDOMINIUMS: (a) All residential condominiums or other condominium .projects within.the City, or those over which the City may exercise control, shall meet the requirements of Chapter 15, Title 55, ,Idaho Code, and the requirements of this sub -section; (b) No house, residence, apartment, structure, or any other building, whether used previously as a dwelling or not, ,shall be converted to a condominium without meeting the require- ments of sub -section 12(a); (c) All condominiums, whether they be newly constructed, or structures converted to condominiums, shall meet the require- ments of the Uniform Building Code, as adopted by the City as that Code applies to condominiums. (d) All residential condominiums shall be built and placed only in the Residential "A", Zone; Any other type of condominium development shall also -meet proper zoning require- ments. (e) Prior to the construction of any condominium project or the conversion of any structure to condominiums, the owner thereof shall submit his application for a permit to the Planning and Zoning Commission as required under 2-412; the Planning and Zoning Commission may take any action authorized in said section or as otherwise authorized by the Ordinances of the City of Meridian. (f) Prior to the issuance of any permit the owner of said condominium project shall furnish proof of meeting the require- ment of Chapter 15, Title 55, Idaho Code. g. Any land upon which a condominium project is to be constructed, or land upon which rests a structure which is to be converted to condominiums shall be subdivided and platted, the same as if the land were to be developed for single family residential units if residential, and any other condominium development shall also be properly platted so that property is conveyed by plat description, and all requirements of the platting statutes and ordinances shall be met prior to the issuance of permits or allowed in paragraph (e) above. • Section 2. WHEREAS, there is an emergency therefor, which <. emergency is hereby declared to exist, this Ordinance shall take effect and be in force and effect from and after its passage, approval and publication as required by law. ' PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this day of June, 1978. ro 7 HO 4461 APPROVED; MAYOR