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
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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.
•
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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:
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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 •$6,000.00. The company
would take over the entire operation and improvements. The
lease would be a triple net lease; wherein the lessor would pay
all expenses, including taxes, insurance and maintenance costs.
In addition, the company would make certain additional im-
provements including, but not limited to, a pro shop, racquet
ball club, snack bar, tennis courts and possibly other recrea-
tional projects.
If the city is interested, we will prepare a proposed Lease
Agreement for city attorney's recommendation.
-`y yours,
Wallace D. Lovan
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MAY 23 1978
MAY 23 1978'
Lan vaping
1111 West Cherry Lane
Meridian, IdaM683• t:.
842V�llallQ
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LEE W. JONES
Residence88BA595
Busingss888-4445
--------------
Number
Description
1 Size
Each
'Tate i4;
10 acres
Prepared for seeding ( two tillage#
two rock
112#0009
C;
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removals# leveling and seeding)
s;<.
1000 lb.
Seed
1#300-
4300 lb.
Fertil=izer
3
JOB
TOTALS
113#700•
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JOB TOTAL
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POLICY QUESTIM City acceptance of intere 4 sewer .faczl`ities
An obstacle has developedrelating to the Cities pdsitior�,�'-
on hc'cepting inteiem sewer facilities frorr deyelopersr,
constructing ."in' Meridian and attempting to a gtiiare f nar3cing
n� for their #rodjects.
z
r Lending'iristitutions appear to be requiring documentation
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$,.:.
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
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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
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1978'
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froCRAL hOUSiNG APMINISTRATIQN
,REF.RANKL.IN SQUARE,
FHA FiLz No 12-001-558
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„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,
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DON Mk STOREY
MAYOR
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.,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
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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
}
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RESTRICTIVE AND PROTECTIVE
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COVENANTS
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SETTLERS VILLAGE SUBDIVISION
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ADA COUNTY, IDAHO
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KNOW ALL MEN BY THESE PRESENTS:
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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
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and',any structure placed thereon shall not be used for any
4
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commercial purpose. Each lot described in this paragraph (b)
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a
4
as a MULTI -FAMILY RESIDENTIAL lot shall be used only for resi-
-dential structures enclosing four -family living units.
V.
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(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
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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
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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
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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
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said lot or parcel at a price equal to the most recent purchase
price.
(3) No activity shall be conducted or permitted on
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any property which produces noise, vibration, grease, heat,
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smoke, or particulate matter or toxic or noxious matter, radiation,
radio emission, in a level and quantity and degree constituting
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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
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within said subdivision. Household pets will be permitted pro-
e 777
'vided no more than two such household pets are maintained per
household.
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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
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appioval of the, Architectural Control Committee as provided
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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,
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''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
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lot forming intersections.
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(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
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a majority of the then recorded owners of the Lots or parcels
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has been recorded, agreeing to change said covenants in whole
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or in part.
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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
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V",:,Norman
G. Fuller, Meridian, Idaho. A majority of the committee
'
may designate an individual or corporation to act for it. In the
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event; of death or resignation of any member of the committee, the
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remaining members alone may designate a successor. The committee
shall exist in perpetuity.
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(b) ARCHITECTURAL REVIEW $ APPROVAL OF PLANS: It
is the primary purpose of the Architectural Control Committee
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to review and approve construction plans and specifications.
Complete plans and outlines specifications of all proposed
buildings and structures, fences, patios, decks, landscaping and
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mhintenance of watering systems together with a detailed plan
sowing,proposed location on the particular`-lotor parcel, shall
a
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b submitted to the Architectural Control Committee before any
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construction or alteration is started. Any suchconstructionor
p
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alteration shall not be started until approval of plans and
Specifications is given by the committee.
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(c) FORM OF APPROVAL: Plans and specifications shall
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bq considered approved only when an approval letter is signed by
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-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
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of disapprove the plans and specifications within 45 days after
;
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they are submitteed to the Architectural Control Committee
shall constitute approval of said plans and specifications.
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(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 '
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improvements; construction or alterations which; in its opinion,
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a& hot-suitable or desirable for any reason.
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(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
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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.
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BY:
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BY:
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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,
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FEDERALSAINGS
f, rst
AND LOAN ASSOCIATION OF BOISE
!'.. 4 ` MERIDIAN OFFICE: 713 E. FIRST, MERIDIAN, IDAHO PHONE 888-1447
e
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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
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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
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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
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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
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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.
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9.
! :R Na'TY
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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
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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