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Chamberlain Estates Subdivision No. 1 FPWILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney wHUB OF TREASURE VALLEY , COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President Block 4 RONALD R. TOLSMA MERIDIAN C HALES M. ROUNTREE CITY OF GLENN R. BENTLEY. 33 EAST IDAHO E. Challis Drive MERIDIAN, IDAHO 83642 P & Z COMMISSION (208) 888-4433 • FAX (208) 8874813 JIM JOHNSON, Chairman Public Works/Building Department (208) 887-2211 KEITH BORUP Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor November 18, 1996 Idaho Power Company 10790 W. Franklin Road Boise, ID 83709 322-2000 388-2402 Fax 322-2032 388-6532 Re: Street Lights for Chamberlain Estates Subdivision #1 Phase #2 Street Lights have been installed by the developer in Chamberlain Estates Subdivision #1 Phase #2. These are 100 watt high pressure sodium lights on steel poles, owned by the City of Meridian with a maintenance agreement with Idaho Power. The five (5) street lights are located at: Lot 14 Block 4 E. Chimere Drive Lot 20 Block 4 E. Chimere Drive Lot 14 Block 5 N. Chancery Way Lot 17 Block 5 E. Challis Drive Lot 21 Block 5 E. Challis Drive See attached map for additional information. Please use this letter as your authority to activate these street lights. Sincerely J,40 William G. Berg, Jr. City Clerk �0 CITV OF MERIDIAN, BUI17DING DEPARTMENT .. 33 E. Idaho, Meridian, ID 83642 887-2211 • Inspection Line 887-1155 LECTRICAL PERMIT Issued: 10/29/96 permit No: 9550 WNER/APPLICANT------------------------PROPERTY LOCATION ---------------------- KEVIN HOWELL I 1 CHAMBERLAIN ESTATES BOISE. ID 83100I 208/000—+ 00+0 i Lot: Plock: Long Legal: T: i Sub: S: 1 Parc No: ONTRACTOR----------- I ------------------DESIGNER----------------------- ---------- LOWAY ELECTRIC I 1420 GROVE ST. I BOISE, ID 83702 I 208/344-2507 I 600/000-0000 ROJECTINFO--------------------------I -- PV ---------------------------------------- r.; al.ue. Prj Type: $6,..00.00 STREETLIGHTS I Temp Service: I Occ Type: RESIDENTIAL Residential Service: I Number of Rooms: Occ �nstr Grp: Type: Occ Load: 1 Electrical Heat: Land Use: I Number of Circuits: (Other -:STREETLIGHTS ROJECT NOTES -------------------------- I ----------------------- L14 84, L20 B4, L14 B5, L 1 i 85, L21 B5 ---- JECT FEES ASSESSMENT------------------------------------------------------- TOTAL ELECTRICAL FEE: $133 , 0k Amount Paid: $13,3, 00 Balance Due: $0.00 R"ORTANT INFORMATION Inspection requests must -be made 24 hours prior to the need for inspection. Persons making the requests must provide the following information: 1) owner/contractor, 2) project location, 3) date and time when the inspection is needed, 4) type of inspection, 5) permit number. The inspection request line is available 24 hours a day, 365 days a year, inspections will be performed Monday - Friday, between 8:00 AM and 5:00 PM, excluding holidays. Other Permits are Required for the installation of any electrical wiring, plumbing piping and mechanical installations related to gas fired equipment. Permit Revocation/Expiration. The Building Official reserves the right to revoke any permit issued in error or on the basis of incorrect information.. Permits expire in 180 days if work is never commenced, or is discontinued for a period exceeding 180 days or 6 months. Declaration - This permit is being issued subject to the ordinances and laws of the City of Meridian, and it is hereby agreed that the work to be performed will conform to the regulations pertaining and applicable thereto. Owner or Authorized Agent Date OFFICI a , i. GALS NWLLIAM Q BERCI, JR., City Clerk JANICE L GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. SMART, Water Works Supt JOHN T. SHAWCROFT, Waste Water Supt DENNIS J. SUMMERS, Parks Supt. SHARI L STILES, P 3 Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire CtAef W.L. "BILL' GORDON, Polka Chlel WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLU A Good Placa to Live CITY OF 1VMERIDIAN M EAST IDAHO MERIDIAN, IDAHO W&2 Pboae (208) 888-4433 - FAX (208) 8874813 Public WorlwBuilding Departzom (208) 887-2211 Motor Vehick/Oriveers license (208) 888-4443 ROBERT D. CORRIE MEMORANDUM: Mayor To: Will Berg, City Clerk Bruce Freckleton, Assistant to City Engineer From: Harold Hudson, Electrical Inspector Re: STREET LIGHT ELECTRICAL INSPECTION 9 I have inspe ted and approved the electrical lights in �_�� Z. proceed with the activation. - Harold Hudson, Electrical Inspector COUb4IL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY A 7 COMMISSION JIM JOHNSON, Chaknlan TIM HEPPER JIM SHEARER GREG OSLUNO MALCOLM MACCOY Date: lLL-S — . and associated components for �_ street .low— Idaho Power Co. can now C:\WPWIN60%rENERAL'ELECiNSP.Nafo 18 E. CHAWS DRIVE 1-3" & 2-2" stubbed here NOTES: _ primary cable is 1/0 al 35 kv in 3" conduit B -phase C -phase conduit secondary cable is 3sc40 in 2" conduit except runs to SPG' -2d & CW -4a which are 3sc35 in 3" conduit �g UENLDCH ST. OG secondary ,P J - • Tax 1 G` Code �' % Type Pole/ Wire Feedar Feld Location: Meridian Trench Ft.:1 Ft. Ft. Job Title: Chamberlain Estates #1 phase 2 0 Z O1 � .. BLOCK 6 Install 3-3" conduits from here to SB -1 3-3" stubbed here A -phase from MH -5 B -phase from LE -1 C -phase from MH -7 Dist. Office: Western Lines I Job Desc: U.G. to 50 lots Work Rea. _ ., .... ... �. Voltage: const- 34.5 kv op. 34.5 kv Feeder -No. LCST-043 81' Date State County Dist. No. Estimated geb 7-29-96 Ip Ada 33 Completed Section Township Range Meridian Plat Map 5 3N 1 E B. M. Fdr. Mop Plat Map No. (R -FILE) Work Order No. Entered 553-18 Funct.!217 ocation W. Order NA R/W Permission Feeder Map (F-FlLE) Map o a R.R. o J.U. 18507-41 2 45 049 `,n Z? !) T� 7? F' D /f 4 D 0 200 400 ,L 1 ' 1-3" stubbed here 4 (t0 / 12 1J 14 O 75 76 0 BLOCK 4 \ E. CHIMERE.ORIVE _5 i2 2® `� I4 @ 3 North W. E \ � O < i6 s y RZ001' S 4 _ E CWMRE DR stub -1 18 E. CHAWS DRIVE 1-3" & 2-2" stubbed here NOTES: _ primary cable is 1/0 al 35 kv in 3" conduit B -phase C -phase conduit secondary cable is 3sc40 in 2" conduit except runs to SPG' -2d & CW -4a which are 3sc35 in 3" conduit �g UENLDCH ST. OG secondary ,P J - • Tax 1 G` Code �' % Type Pole/ Wire Feedar Feld Location: Meridian Trench Ft.:1 Ft. Ft. Job Title: Chamberlain Estates #1 phase 2 0 Z O1 � .. BLOCK 6 Install 3-3" conduits from here to SB -1 3-3" stubbed here A -phase from MH -5 B -phase from LE -1 C -phase from MH -7 Dist. Office: Western Lines I Job Desc: U.G. to 50 lots Work Rea. _ ., .... ... �. Voltage: const- 34.5 kv op. 34.5 kv Feeder -No. LCST-043 81' Date State County Dist. No. Estimated geb 7-29-96 Ip Ada 33 Completed Section Township Range Meridian Plat Map 5 3N 1 E B. M. Fdr. Mop Plat Map No. (R -FILE) Work Order No. Entered 553-18 Funct.!217 ocation W. Order NA R/W Permission Feeder Map (F-FlLE) Map o a R.R. o J.U. 18507-41 2 45 049 `,n Z? !) T� 7? F' D /f 4 D 0 200 400 ,L 1 0 Meridian City Council October 1, 1996 Page 6 go water, the water line will need to be extended in Ustick Road for the length of the development. At this point in time I can't tell you what size that line needs to be, it is going to be a major transmission line because of the location of the tank and a pumping facility. It will be probably larger than a 12 inch diameter line. The church property will need to be responsible for their share of the cost of that line at a minimum. I suspect that an agreement can be worked out between the church and the City as far as who pays how much for the installation of the water line. The connection fees though because they are in the County are by ordinance a double assessment. That requires your approval for their connection. At this point I don't know that there is any chain of property available to provide annexation of the property from existing City limit boundaries. Corrie: I guess the question I had, are they aware of all of the changes here that, about the sewer and water? Have you discussed this with them? Smith: I talked with Mr. Hoffman just earlier this evening before Council convened. Corrie: Questions Council? Morrow: Mr. Mayor, I would move that we allow the hook ups as requested by the Meridian Presbyterian Church to charge double connection fees that the sewer line be allowed to be extended from the existing sewer service stub out in Meridian Road and the church pay their proportionate share of the to and through water line that will exist in Ustick Road. Rountree: Second Morrow: Motion made by Mr. Morrow, second by Mr. Rountree, you heard the motion as stated, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: UPDATE ON CAROL MOXLEY CONCERNS WITH CHAMBERLAIN ESTATES: Corrie: Council do you have the memorandum from the Code Enforcement Officer did you get that in your file? One of the things that we tried to see if we could get was Bill Henson from the Nampa Meridian Irrigation District to make a walk through out there and just see what we had on that ditch. We also went back through the conditional excuse me the minutes in asking about what was said as far as the permits. Shari, do you want to kind of tell the Council what we found out as far as what we thought and what was what and what was not on that development agreement. • 0 Meridian City Council October 1, 1996 Page 7 Stiles: Mr. Mayor and Council, 1 stated before that I believed the development agreement said retain and protect the ditch, it did not have any language to that effect. The thing I was referring to was on the development plans, the construction plans that were approved for this subdivision. The only note they have about the ditch is that it be protected in place. Bill Henson and Dean Ehlert and I went out there today, Dean and f walked along most of the easterly boundary of the ditch. The weeds are quite high, they are not able to get the equipment in there that they had used in the past to get the weeds down. The ditch is approximately 3 feet from the fence line and apparently when they put the fence in because the property was lower they had to build up that side and it is rough in along the fence line there. I guess my problem now is I don't know where we go from here, where legally we stand as far as being able to require the developer to pipe it. There are some flow problems and some of them are because of the weeds and some of them are because of how they. dealt the ditch and how they constructed the inlet into the existing ditch. I guess I am just asking Council and Wayne Crookston to make some determination of where we go from here. Public Works Department and Planning and Zoning Department are stuck on how we need to proceed now. Crookston: I have not reviewed the development agreement but I have reviewed the findings of fact and conclusions of law. They require that all ditches be tiled or piped. We do have a provision in our ordinance that allows a variance if they desire not to do that work they need to request a variance. It is my understanding that there was some discussion about that. development initially and it was to my knowledge there is no written agreement but there was some discussion between the developer and the City that ditch not be tiled at that time. I am assuming that is what happened as I said to my knowledge there is no written agreement waiving that requirement. If the developer requests that requirement be waived which is Mr. Howell he needs to apply for a variance then the City can act on the variance. I have not reviewed the development agreement but what Shari has said that it is not really addressed in that development agreement is that correct? So at this juncture under our ordinances as they stand now if it is, this is not in the ordinance at this time. The City has allowed ditches that are larger than 48 inches not to be tiled, it is my understanding that this ditch the piping would not be larger than 48 inches so that it should be piped and as I said if there is a request or a desire not to do that they would need to request a variance. Morrow: Question Mr. Mayor, this ditch that we are discussing, was it originally on the Howell property or was it originally on the Moxley property? Stiles: It was on the Moxley property. Morrow: From the very beginning? • Meridian City Council October 1, 1996 Page 8 Stiles: Yes • Morrow: My question to the Counselor is then how would you require the ditch to be tiled if it is was not on the Howell property? Crookston: What our ordinance says is that if the ditch is in essence a boundary that it still be piped is what our ordinance says. Morrow: I guess the question then is if this ditch is 3 feet away from the property line where is the boundary? Crookston: Well that would need to be a determination of what the banks of the ditch are. I don't think that the ordinance would allow the ditch not to be tiled if the banks of the ditch were the boundary. Let's say that the water flowing through the ditch was not the boundary but the banks of the ditch were then I think it should have to be tiled. Morrow: Well prior action by this Council in terms of and I believe it was Bedford Place Crookston: It was Morrow: The determination was made by the Council at that time that the property line represented the boundary and that if the ditch and the right of way were contained within somebody else's property line it was not up to the developer to tile that ditch. Crookston: That is correct, all I am stating is what our ordinance says. Morrow: Thank you, no further questions. Corrie: Any further questions of the Council or to the Counselor? So what I guess Counselor if I am hearing correcty we are not responsible for what has happened dov; rt there because the ditch is on her property line. So this is a problem between the developer and Mrs. Moxley. Crookston: I believe that is correct but I believe that the City needs to make a decision as to whether or not the ditch should be tiled because it is an abutting boundary. Which in the case of Bedford the City Council decided that particular ditch should not be tiled but I think that the City needs to make a decision because if it is an abutting boundary our ordinance says that is has to be tiled. Bentley: I think if my memory serves me correct we discussed the issue of tiling the ditch and I believe that Mrs. Moxley said they didn't want it tiled for reasons of ascertaining the • Meridian City Council October 1, 1996 Page 9 • water out of it. I might be mistaken but that sticks in my mind. Crookston: Mr. Mayor and Council, as I remember from what she said at the last City Council meeting was that initially she had been approached by a realtor that had asked her to sign a consent that it not be tiled that there had been, now she says reasons why she did not think she should have signed that. She stated and led the Council to believe that the realtor placed some kind of inadvertent pressure on her to sign the document. I can't say that is right, wrong or indifferent, she did sign it. But I don't think that is necessarily binding upon the requirements of our ordinance that says abutting ditches on abutting boundaries must be tiled. Rountree: Mr. Mayor, my recollection is that there was some evidence given that the developer had moved the property pins, that would bring into question we even knew where that ditch was with respect to the property line and make a decision as far as the boundary aspect of it kind of difficult. Morrow: I think the question of the property pins was that in the installation of the fence the property pins got pulled out were not replaced. So the presumption there would be that the fence was in fact on the property line so I guess from my perspective here is that I think that the ditch was an operational functional ditch as part of the developing occurring. The developer whether the ditch is on his property or the Moxley property has an obligation to make sure the ditch continues to function. The placement of a fence and construction work taking place nearby could impact the ditch and have it not function properly. The issue is whether the ditch is on your property and you lose the benefit of being able to drive a tractor down it and ditch it out because there was not a fence there before, the fence wasn't in that configuration it is an issue that you have to deal with as an individual. The second thing is I am a little troubled with what abutting means, does abutting mean 3 feet away, 9 feet away, 30 feet away, clearly in my mind and the decision we made before that the ditch in its entirety was within somebody else's property line it was clearly not fair to require an improvement of someone else's property. I think abutting in my mind means that the water flow itself was on the property line. And so it seems to me that the proper course of action here would be to require the developer to make the ditch serviceable and should the Moxley's want to move the ditch so that they can use equipment to service it then that is their option but that is not something that we can require because we can only require in my mind from the developer a return to service. If he destroyed wooden dams that they had or wooden check boxes that they had in the ditch he has an obligation to replace those check boxes. He had an obligation to replace the property pins. He has an obligation to put in the necessary elbows so that the water can move and not erode the bank of the ditch and make the ditch serviceable and function. It might be a good neighbor sense or gesture on his part to remove weeds but certainly in the future that maintenance would be in my opinion (inaudible). So 1 see those as being 0 Meridian City Council October 1, 1996 Page 10 the issues (inaudible). �J Rountree: To summarize all you said to put the ditch back into serviceable condition it was prior to construction. Morrow: That is absolutely correct. And the property pins issue, the property pins need to be there for, at some point in time they may wish to (inaudible) and have to have that as proof of property for title insurance purposes. Tolsma: (Inaudible) burn the ditch every year in the spring and they put in a flammable fence (inaudible) that a nonflammable fence be installed, a sealed nonflammable fence. Which one of them was out there on Los Alamitos (inaudible) Morrow: Was that part of the findings of fact and conclusions? Did we require that of this developer? Tolsma: I don't know Crookston: It is not addressed in the findings of fact and conclusions of law. Morrow: The development agreement? Corrie: No, it was in the development agreement either was it Shari? That wasn't in the development agreement even, the wood fence or the metal fence, non-combustible? Stiles: No it wasn't, it just spoke to perimeter fencing. Morrow: And didn't describe it in any manner? Stiles: No Rountree: Now the real question do we direct the enforcement officer to instruct the developer that he is to put it back in service, do we write a letter to the developer? Morrow: I think the first thing is the developer has written a letter to the Moxley's talking about as soon as the water goes out of the ditch on or about the 15th of October that they will put in the 45 degree concrete elbow where it enters their property at the southeast comer. I think that what we do as a City is we address those other issues by virtue of letter to the developer and say these are the other conditions that we want resolved to bring this to a conclusion. • Meridian City Council October 1, 1996 Page 11 Rountree: That is about all we can do at this point. • Corrie: We need to make sure they have permission of the Moxley family that they go on that property and do that. Morrow: Well that has to be some what of a cooperative effort that is for sure. Corrie: I understand that as long as everybody else does. Morrow: Well that being the case Mr. Mayor I would move that we instruct the City Attorney or the head of the P & Z Department to draft a letter to Kevin Howell Construction outlining the conditions that we as a City would like to see those being that as soon as water has gone from the ditch and it is dry enough to work that the elbow be installed that the property pins be replaced and any irrigation structures that existed in the original ditch that were destroyed during construction of either the fence or earth work be replaced. That as a gesture of good faith that the weeds be removed at this particular point in time. That is all contingent upon the Moxley's granting the permission for that work to occur on their property. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma, you heard the motion, any further discussion on the motion? Bentley: I have something, I think we need to make the Moxley's aware that after if the weeds are indeed removed that after this the upkeep of the bank will be theirs so that they don't feel this is going to be an ongoing clean up by the developer. Corrie: Any further discussion? Sure you are part of this, we want to make sure that everybody gets fair shake here including you and the others. Moxley: My name is Carol Moxley, I am at 2680 North Locust Grove, we are on the southwest corner of the Chamberlain Estates Subdivision. A couple of points, you were talking back and forth, the property pins weren't removed when they did the fencing, the property pins were removed when they trespassed onto our property and changed the way the ditch turned in and went down. And they didn't get our permission, they didn't contact us prior to this and they said that the City of Meridian allowed them to do that and gave them permission to do it. Which now we are being told that no you haven't allowed them to make any of these changes. The developmental agreement says that they have to maintain fencing and keep it there they can't put it up once and go and traditionally I have burned by fence twice a year. If I go through and bum it is going to burn down that fence U Meridian City Council October 1, 1996 Page 12 • and I am going to have liability with the neighbors now. It says that he has got responsibility to keep that fence going, he can't put it in once and just be gone. The price to remove the wood fence and put in a chain link fence would be more than the cost of what we are asking for for them to come in and concrete the ditch. We have problems with no one has brought up what the Nampa Meridian Irrigation ditch rider came and said today that the law is they have to leave the ditch in as good as or better condition and that has not been done. The developmental agreements say that they have to go along with the Nampa Meridian Irrigation District's laws for the personal owned ditches and they have not done that and it says all along here that they have to get permission any time they make changes or do anything or divert the water over to theirs because of construction or a mishap or whatever. And none of that has been done. When we are talking about adjacent boundaries, if you stand in the middle of the ditch and lean over like this you are touching their fence. That is how close it is, the embankment is owned by both of us. It says right there in the ordinances that if they are on the boundary that they are required to take care of that. When you say that we signed a letter and then changed our mind, we never changed our mind. If you look along the south side there was a v -shaped concrete ditch that people were able to irrigate out of. They came and said that they were going to do like they are doing along that south along mine which is tile it in and pipe it without any access to the water. I signed that paper because it is true I can't let them do that, I am actively using that ditch to irrigate five acres of land. At this point the way they have left me I don't mind the development I don't mind the build up in the City and so forth but if you are going to put the City that close the County we feel that you need to make some kind of stipulation that they have to change that from an old country dirt ditch that has to be serviced with fire and gravy tractors and rocks and things flying all over the place to something that is more hospitable to the City. I don't want to go in there and burn down fences and throw rocks and endanger the people on the side of us and we don't feel that it is fair and the Nampa Meridian Irrigation agrees with us that you can't make it so that it takes us twice as much work to maintain the ditch as historically it has. With the development right there at this point the guy says we can come in and do d with a sickle we f :ave jobs that we have to go to and aren't farmers that t .ave another 40 hours a week that can go in there with sickle and pull out 390 feet of weeds. We are addressing we feel the points that have to do with the City of Meridian. We haven't addressed the civil suit things that we have that we are willing to let slide if we can just get our ditch taken care of. If we have to go through a civil suit we will be going against the City of Meridian for permission they supposedly gave to make changes in the County and on our property which they did without ever once contacting us and I have known Shari and have been in the Council meeting for the last 2 1/2 years so they know that we are around and active in what is going on. Corrie: Thank you, Counselor, does anything there change your mind at all from what the original motion? 0 Meridian City Council October 1, 1996 Page 13 Crookston: That is entirely up to the Council. • Corrie: That is what I thought you were going to say, Council? Any further discussion? Morrow: I don't have any, Shari raised her hand and I am not opposed to hearing hear discussion. Corrie: Okay, Shari? Stiles: I just wanted to mention something that we found when we were looking at the construction plans again today. Dean had noted that in the irrigation notes for the construction and I will read it, it says miscellaneous small structures such as fences, mailboxes, signs, irrigation and drainage facilities and utility poles, lines and appurtenances when necessary to remove or disturb shall be replaced or reconstructed to equal or better their condition prior to disturbance. Morrow: I think that basically the motion covered those issues for returning that to what existed before. Now the issue is I can't, I am not aware that under any circumstances the only thing that I would really question here in terms of any comments is that I don't think that under any circumstances as a Council or as a Council member on my part that an approval of the subdivision has ever in my mind given a developer or construction team permission to go onto somebody else's property. I guess what I would like to say in defense of the City it is not my belief that when we approve a project that the approval of that in any way implies that there is a right of that person to go onto somebody else's property without that person's permission for those improvements or changes or whatever. Corrie: (Inaudible) Morrow: I guess the purpose of the motion and the motion was made in such a manner to return them to what they were prior to the develop, nent taking place. Corrie: I have to agree with you Mr. Morrow, my five years, I have not had the same thing happen either. It has never been the City's intention to allow anybody to go onto anybody else's property. Mr. Bentley? Bentley: I have nothing further. Corrie: Any further discussion? Hearing none, all those in favor of the motion as stated? Opposed? MOTION CARRIED: All Yea Meridian City Council October 1, 1996 Page 14 Corrie: So we will get a letter drafted to the developer and we will go from there. They will need to get your permission to make those corrections so I would encourage you to talk with them too. Thank you, sorry it has taken so long to get it done, but let's hope it gets done here. ITEM #5: ORDINANCE #745 - VACATION OF EASEMENT/VALLA: Corrie: AN ORDINANCE VACATING A RIGHT OF WAY EASEMENT RECORDED AS INSTRUMENT NUMBER 394607 WHICH EASEMENT IS IN A PORTION OF LOTS 1, 2, 3, 4 AND 5, BLOCK 1 OF FUTUR-IDA SUBDIVISION NO. 1 ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 43 OF PLATS AT PAGES 3475 - 3476 RECORDS OF ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #745 read in its entirety? Hearing none I will entertain a motion on Ordinance #745. Bentley: Mr. Mayor, I move that the City of Meridian adopt Ordinance #745 with the suspension of rules. Tolsma: Second Corrie: Motion made by Mr. Bentley, second by Mr. Tolsma that Ordinance #745 be approved with the suspension of rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Bentley - Yea, Rountree - Yea, Tolsma - Yea MOTION CARRIED: All Yea ITEM #6: ORDINANCE #746 - REZONE ORDINANCE - WATKINS/STEWART: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND BE A PORTION OF THE SE 1/4, SW 1/4, SECTION 1, T.3N, RAW, B.M., ADA COUNTY, IDAHO; AND PROVIDING AND EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #746 read in its entirety? Hearing none I will entertain a motion on Ordinance #746. Rountree: Mr. Mayor, I move that we approve Ordinance #746 with suspension of rules. Bentley: Second Corrie: Motion made by Mr. Rountree, second by Mr. Bentley that Ordinance #746 be MERIDIAN CITY COUNCIL MEETING: October 1 1996 APPLICANT: ITEM NUMBER;_ --Ll_ REQUEST: UPDATE ON CAROL MOXLEY CONCERNS WITH CHAMBERLAIN ESTATES SUBDIVISION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. Kevin Howell Construction General Contractors 1087 W. River St., Suite 250 • Boise, Idaho 83702.Office: (208) 383-4302 • Fax: (208) 383-4387 September 15, 1996 Karl and Carol Moxley SEP 2 3 ��� 2680 N. Locust Grove Road Meridian, Idaho 83642 CITY OF MEKIDIAN Re: Ditch along a portion of the west boundary of Chamberlain Estates Subdivision No. 1 and east boundary of Moxley property. Dear Mr. and Mrs. Moxley: In cooperation with the City of Meridian Public Works Department, Kevin Howell Construction has agreed to install a forty-five degree concrete elbow on the ditch as it enters your property at the southeast corner. This is being done to prevent any possibility of future erosion to the ditch bank. Unfortunately, due to sporadic watering schedules it has been difficult for our excavator, Superior Excavation, to install the elbow because of water levels in the ditch. Therefore we will wait until irrigation water is no longer being delivered through the ditch to install the concrete elbow. The Nampa & Meridian Irrigation Department has informed us that irrigation water will quit being delivered on or about October 15th, at which time Superior Excavation will allow the necessary amount of time for the ditch to dry and they will then contact you to coordinate an acceptable time, for all parties, to install the concrete elbow. Thank you for your cooperation. Sincerely, J'wq pvsw- Tracey Persons Project Manager cc: Meridian City Public Works Department; Gary Smith/Bruce Freckleton Meridian City Planning & Zoning; Shari Stiles Jim Kiser.Law Office; Jim Kiser Hubble Engineering, Inc.; Richard Tomlinson Superior Excavation; Kelly Fulfer GARY S. /'•�'� BRUCE F. RICK C. • • MERIDIAN CITY COUNCIL MEETING: NC APPLICANT: fLWIJ (�'L �`C AGENDA ITEM NUMBER: ! ` REQUEST: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS MERIDIAN CITY COUNCIL MEETING: September 17.1996 APPLICANT: _ ITEM NUMBER: 13 REQUEST: KARL & CAROL MOXLEY - CONCERNS WITH CHAMBERLAIN ESTATES SUBDMSION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. FAX 2088885458 • of A16 RiDIRAI, MR BERT LTD RECEIVED � SEP - 5 1996 CITY OF MERIDIAN PO1 JePr .5. /996 Al el s /"%DXIey z-76tfO Al, (ocuS'1� 6i— Ae c(i an Z'lI. f36 V:2 K -2(V) e are,- 7�17af occr Gon ce•-r1s hu ,7 an 7%e, 6eCA.a9 ow Our E- st f,,�. er ( dell )*Ve� a'nQ/ aaZ47gy-a/ fie Zlil'A--A Olt. Pr-5pee:& li?ctr I%P.rS Awe- lvee I !� D ✓Q Gly %GLS ie*17 o�� �►�.�,.- �Oro�oer� a►,n c� phone s i%,�.�hv� � �c..l� e a m ewe - i7�'It7`S, ��" l Gig c� ��,5 �•r! /�/hC9 v�l� � �'E'�,QIQC� 7`luS t.%ritpirl fur ha i -le �1 and �al�c1�9 �c 117 SEP 05 '96 16:21 O� 127a -01e /� 0- 7'S!iT� ?. An o er l�e; ��r Jl11 2088885458 PAGE.01 WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Is HUB OF TREASURE VALLEY COUNCIL MEMBERS A Gwd Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA C HARLES M. ROUNTREE GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO $3(x42 P & Z COMMISSION Phone (208) 888.4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Buift Department (208) 887-2211 TIM HEPPER Motor VehicleAidvers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor MEMORANDUM CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT To: Mayor Corrie Meridian City Council From: Dean Ehlert - Code Enforcement Re: Inspection of Irrigation Ditch on Moxley Property Date: 10-01-96 On September 20, at approximately 9:00 a.m., I conducted an inspection, accompanied by Mrs. Moxley, of the irrigation ditch located on Carol Moxley's property . The purpose of my inspection was to gather information on the condition of the ditch. The ditch is located on the east side of the Moxley property and run north -south the entire length of the Moxley property. A wooden fence approximately six (6) feet tall is located on the property boundary between Chamberlain Estates and the Moxley property. The fence is approximately three (3) feet from the eastern edge of the irrigation ditch. The inspection started at the south end of the ditch where it enters the Moxley property. Rocks were placed along the west side of the ditch in an effort to prevent erosion of the bank by water--- - entering the ditch from the pipe. This problem should be rectified after the irrigation season by the developer placing an elbow on the pipe so the water does not enter the ditch at an angle. Both the side and top of the eastern bank of the ditch were uneven. Boards that had been in the ditch and used to raise the water level when irrigating were removed and stacked along the bank. According to Mrs. Moxley, the boards were removed by the developer. Mrs. Moxley indicated an area that was disturbed by a loader used during development. The loader slid into the ditch and pushed part of the bank into the ditch. She said the loader operator tried to fix the bank. The width of the ditch at this spot was 1 to 1 1\2 ft. wider than the bank north and south of this spot. An area in the north pasture showed signs of sediment build-up (approximately 6 inches) which required a trench be dug to allow water to flow into the pasture. • Weeds and grass were 4-5 feet tall on both sides of the ditch making difficult to determine the condition of the entire ditch. After inspecting the ditch Mrs. Moxley showed pictures of the ditch before construction and after construction. Meridian City Council September 17, 1996 Page 6 Morrow: You can't provide an easement until you file the plat. Bentley: Okay, thank you. Corrie: Any further discussion? Hearing none, all those in favor of the motion? Opposed/ MOTION CARRIED: All Yea Corrie: With the Council's approval, is Karl and Carol Moxley here tonight? With the Council's approval I would like to digress a bit from item 2 and go to item 13 which is concerning Chamberlain Estates Subdivision. We have four items that she has asked the Council to look at and direction from the Council. Since we are on Chamberlain Estates if we would like to Morrow: Mr. Mayor I would so move. Rountree: Second Corrie: Motion made and seconded, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: KARL & CAROL MOXLEY - CONCERNS WITH CHAMBERLAIN ESTATES SUBDIVISION: Corrie: I would ask Carol that you limit it to the, I think you have five items that you have sent into the City. Your concerns here or otherwise this could go on for a considerable about of time. So if you want to take them one at a time and since Tracey is here we can perhaps take care of these concerns with you right now. Moxley: My name is Carol Ann Moxley, I am at 2680 North Locust Grove, Meridian, we are on the southwest comer of the Chamberlain Estates Subdivision. Running along the east side of our property is a privately owned irrigation ditch. We are requesting that the City enforce the Planning and Zoning; 11-9-605 M that requires the piping of ditches because the way that the development has progressed and construction has gone we can no longer maintain our ditch to get the historical flow of water that we need and are required to give to our neighbors farther on down the ditch. Corrie: I believe if I am not mistaken you signed a statement that you didn't want the ditch tiled at the time of construction is that correct? Meridian City Council September 17, 1996 Page 7 Moxley: On October 30 a realtor came into my home and couldn't leave until I signed this piece of paper that he misrepresented. He didn't want to wait until my husband got home or show him. He did not leave a copy of it with us, we were never contacted by the City or developer as the requirements, what was going to happen with the fencing right on the property line. We took it to Daniel Steenson the lawyer and he want on to say that this does not address with what our problems are. On the south side of the property there was an open irrigation ditch that was concreted in and that was piped in which is what this is saying that you can't get any access to the water. What I signed was what the realtor told me that they were going to put in a solid pipe like on the south side of the property and leave us no access to the water and I said I can't have that. I am using the water and I need to get to it. Corrie: This is the (Inaudible) Moxley: When we took it to Daniel Steenson that is what this, he says that in court following Nampa and Meridian Irrigation law that is what this is talking about. It says on the east side of the property to be tiled because I irrigate out of it and it would be impractical. It says nothing about historical points of delivery to the water or any other options to the ditch. I can't have the piped in no access water like this along the south end of the property. Corrie: Is this addressing, the one change is made the ditch on the southeast corner of the property with prior consent and permission is that the one we are talking about, that southeast corner, that south side that comes in. Moxley: I am talking about my ditch all the way along. I have got, I made you a cute little picture of before and after and what we are trying to deal with. We used to every ten days go out and open the little metal door, shut off one door, irrigate for ten hours. We maybe had to do a little bit of shoveling here and there and we burned twice a year. We opened up the fencing to let the horses go in and eat the weeds out and Jve are unable to do any of those things now. If we let the horses in they just have rocks sitting there, it would break a leg. If we burned it would put the fence in jeopardy and the houses that are just a few feet away from the fence. Corrie: And you have something about digging and construction along the ditch on the east property line prevent water delivery and damage to the ditch. Moxley: The ditch is 25 years old, it is compacted dirt that takes 3 grown men to dig a post hole through and we saw that when they were there digging on the property line. The dirt was compacted the sod was so thick that water went through. Now it has loose soil, because they they did the construction they pushed loose dirt and changed their side of Meridian City Council September 17, 1996 Page 8 the ditch. Now there is loose dirt so if water comes in and instead of coming in a 90 degree angle and going down the line it points in at an angle on the property, it hits the stones that they put so that it wouldn't erode the land and does this neat rotation deal and it takes the dirt with it that is loose on the side and instead of clear water running through it is a mud slurry and the mud goes through to each of our outlet points and fills in. So every time we irrigate or are crawling out there on our hands and knees continually every few hours pulling the mud out of the access things that take the water into the pasture. Corrie: Okay that is one and two, this is the one that you and I had the conversation. Moxley: This is what we need taken care of through the City that is the City's jurisdiction that has nothing to do with a civil suit of any kind. Corrie: Council, any questions so far on this? Number three is fencing has been constructed, that trespasses on the property, ignores irrigation ditch easement rights. Moxley: According to John Anderson with Nampa Meridian Irrigation that when they do put a fence up like that that is right on the border and they do leave it as dirt that they have to give us room to take the historical equipment to be able to walk along the side and to service and maintain the ditch. That fence is on the property line. The footings are actually dug so that a few inches of it is across the property which I would have no problem with if the ditch was taken care of so it didn't need to old fashion maintenance that we were happy with before. But the way it is now you can't walk along the side. You can't service it like you used to be able to. Corrie: Item four, fencing has been removed and replaced this damaging our fencing. Moxley: When they did several of the large pipes for water access they removed our posts and pulled them up and slacked our fence all the way along which is really not a City of Meridian deal but it just shows that they had a lack of consideration along the way of notifying what was going on. Corrie: The last one, repairs have not been made in a timely manner to the extent (inaudible) Moxley: We started begging before the, we started begging last year to the City and I have talked for a year and a half with Shari Stiles and Bruce Freckleton about how we needed this taken care of and late March I went in and begged to get this taken care of because he said that water will be flowing and will come in in April and there is water in the ditch you can't do construction without taking our water away from us and everyone down the line from April to October. Meridian City Council September 17, 1996 Page 9 Corrie: Council, any questions at this point? Morrow: Mr. Mayor, was there an issue also with your property markers being removed, is that the steel pins? Moxley: Yes, at the comer the red monument pins have been taken up and they said that they would replace them and they just haven't done it. Corrie: Those are the five that the Council had received. I guess at this point I would like to have a representative from Chamberlain Estates answer those if you have any questions or you feel any of them are yours or not. Do you have anything you want to say? Persons: (Inaudible) At this time no, we don't have anything additional to add. You have the letter before you that Ms. Moxley signed at the time stating she didn't want her ditch along the back of her property piped. I was not involved at that time to know the conversations she had with the person who spoke with her about the ditch and whether it was piped or not piped. So I can't say I know what happened there. We worked with the City of Meridian in trying to take care of many concerns she had. We have met the requirement of the City of Meridian and Nampa Meridian Irrigation District both. I am not trying to do anything to hurt anybody or make people's lives more difficult. At the same time I don't know what else we can do. Corrie: Any questions from Council? Morrow: Have you personally or representative from Chamberlain Estates reviewed each one of these 6 items? Persons: No, I haven't seen them until just now. Corrie: Shari, can you give us some light on thest: things. I think you have had some conversation with Carol. Stiles: Mr. Mayor and Council this has been going on for a long time. We did talk with the developer extensively and I don't know if Gene Smith was there at the time but there were conversations about the ditch and about the fence and I also Carol is upset because it is not a non-combustible fence right now. Previously when she had come in it was before the plat was even recorded and her father or father in-law had come in with her and they were very concerned about the density that had been allowed around their home. This was the first contact I had had with them. Very concerned about their privacy and disruption of their lives. That was the reason that the cedar fence was put in instead of a non- combustible fence at that point. This was also right after the Bedford Place variance Meridian City Council September 17, 1996 Page 10 incident and while I know there is a great difference in the size and the money involved in piping that ditch the Council ruled that a variance was not needed because it was completely in the center of the ditch or a majority wasn't in the ditch, the property line. The developer I think has tried to work with them, I have no idea what the problem is with the digging. Nobody does any inspections of those. I don't know why just the post holes would cause this problem, it was very hard to see what happened after the fence was put in because you can't get back there and it is so covered with weeds you can't see what is there. I do understand there is a problem with the way it is swirling in at the inlet there where it touches her property, where it comes into her property. However the developer tells us that she now will not them come onto her property for any reason. So they have been to the engineer, the engineer has reported they have not been able to enter the property to perform any remedy of that problem. They have also put a hot wire around the back I guess is constructed incorrectly to help keep the horses out or keep them away from eating the fence. I didn't know about the rocks before, if there is a problem with them placing rocks on the property as part of the project that the horses are tripping on I wasn't aware of that before. Morrow: Mr. Mayor, it seems to me that the beginning of the solution to this dilemma is that we have an ordinance officer a P & Z Compliance officer that part of his job description ought to be to take this do some fact finding and report back to the Council what the issues really are. It also may very well be that in doing so that he may be able to offer solutions on site and act as a facilitator or arbitrator in terms of getting some of these things taken care of once he observes what is really going on there. So it seems to me that it might be a benefit to the Council to assign this issue to the Ordinance compliance officer and have him issue us a written or verbal report by next meeting and then take whatever action is necessary on the part of the Council. Rountree: Mr. Mayor, question for Shari, do you recall or do you have the findings of fact or development agreement, was there a requirement to tile this ditch or was that varied or what is the situation? Stiles: Councilman Rountree, Mayor and Council, I believe the development agreement had a requirement to retain and protect the ditch. I guess at this point it is really my feeling that if Carol doesn't feel that they have done that it is not in purview to figure out if that in fact is the case. How do we determine if she doesn't have her historical water. Dean is not of any kind of authority to be able to tell what in fact the remedy is. I really do believe it is a civil case and that if she has lost the right to her historical use of water then that is not the City's responsibility. It is in the fact that we approved the plat and we approved the construction but this ditch was not part of the development plans that we approved. It was not shown, I don't believe it was shown as part of the property. Meridian City Council September 17, 1996 Page 11 Rountree: If a condition of the development agreement was to retain and protect the ditch and that in fact has not happened then I believe that the City would be involved at that point. Stiles: But how do you determine that, who makes that determination whether that has not been done. That is not something that the code enforcement officer is educated in, I am not sure that anyone in the Public Works department is that knowledgeable about that particular point. Rountree: Could that be a call made by the irrigation district? Stiles: They have not indicated any responsibility and Dan Steenson is the attorney for the irrigation company who she has retained. He is Nampa Meridian's attorney. So if he is making the determination that she is not getting her historical water flow well that is a civil case. I think it is between Carol and the developer. Morrow: Mr. Mayor, I am going to follow up on Mr. Rountree's point is that if the ditch operating ditch was required to be left operational in terms of the development of the subdivision as a condition of the development agreement then and it is a ditch that has been operating for some time and it has firm banks and it has sodded in banks, it doesn't run silty it is fairly easy for anybody to observe a ditch that has been disturbed and is thus running silt and creating a plugging of the outlets if you will or depositing silt on the field or whatever it might be. We are not talking rocket science here it is the code enforcement officer ought to have the experience or at least be able to solicit the guidance of looking at a ditch and saying yes it has been disturbed and has been rebuilt and it is silting down the property or plugging the outlets. That is not real tough to do as opposed to a seasoned ditch that does not do those kinds of things. So if the development agreement that was part of the approval process of the subdivision indicated that the ditch was to be left in a functioning manner and left alone it should be reasonably easy for Dean to look at that and say yes it was or no it wasn't. And then give us a report back. I guess my next question is, is this ditch both an irrigation ditch and a drain ditch, does it serve duel capacity? It only serves as an irrigation ditch? Stiles: Yes, and there is no way to see the ditch now. You cannot see the ditch, you can see the corner where the water comes in a little bit. Moxley: The gras has grown so high that a person can't walk though, you can't see anything but this which is also (inaudible) Morrow: Whose property is the grass on? Meridian City Council September 17, 1996 Page 12 Moxley: On our property. Morrow: How come the grass has not been maintained? Moxley: We can't get in there to do it. Morrow: Do you not have an open field that the ditch serves? Moxley: Yes an open ditch on this side and the (inaudible) In the past where there were two barbed wire fences and there was a drainage ditch on the other side (inaudible) this was a concrete ditch that came through. We took the wires out and the horses ate the grass or else we took our wires down and we ran a ditch witch for a weed whacker or were just free to bum. Now because, if we W, our horse in, we don't own the horses we rent out the pasture. There is loose gravel stones that they just used because the water comes in at this angle and it is going to erode the land. I said please don't leave me with my field going, they put in river rock that is not cemented or anything and it just falls. When anybody comes in and this is a solid fence that you can't walk along ft has soft dirt pushed in so I can't walk along here and I don't dare burn and if I take this down the horses will be in and I am liable for the damage done to the horses. This is solid grass as high as the fence is. It is also stopping the water flow and we have tried to get in there with a gas powered weed whacker and it puts both my husband and I at such a hazard trying to walk along and you can't tell if you are go on soft dirt or old bank and we are slipping and sliding in there. Our question is if it is a civil case and the City is not responsible then why is it the developer feels he has permission to make the changes to the ditch and to dig on our property and do all of the things that he has done to the fencing and the property markers and so forth. If he wasn't given permission from the City, because he certainly wasn't given permission from us which we would have gladly but nobody ever contacts us we just look out the window one day and there is equipment tearing up the ditch or tearing up the fence or whatever needs to be done for the construction that day. Corrie: I guess the question would be Carol whether the City gave them permission to do that or not though. I don't know, we would have to look back at the conditions of the agreement but I wouldn't think the City would give them carte balance to do what they want. I do know that our discussions yours and my discussions that the developer didn't want to put that angled in there so it would go straight down your ditch and I think you agreed with that but the trouble is there is water there now and as soon as the water goes out then they can, are you going to let them put that in. Moxley: Yes but they keep saying they are going to do it but it is a joke to keep telling me we are going to come do it that the water runs until the end of October. Even if I say fine I don't want my water I will forgo that I am responsible to keep the ditch clear and running 0 Meridian City Council September 17, 1996 Page 13 • for the people farther on down the way and we have already discussed it with them. They say no they have to have their water. Corrie: Is the ditch on your property? Moxley: Yes, it is right on the property line, it is not a few feet in. The bank on the other side, the top of the bank is where they put the fence because their property line is (inaudible). Morrow: Mr. Mayor, could I have Counselor Mr. Crookston give us the benefit of his thoughts here please? Crookston: I believe that I would have to look at the development agreement I would have to look at the findings of fact and conclusions of law. There are issues here that I haven't looked at whatsoever. I don't believe that I am in a position to be able to advise the Council as to how this should be handled. Simply because I don't have all of the information that I need. Corrie: Let me ask you this Counselor if we got as much information or you looked at that and read those along with the Planning and Zoning Ordinance officer giving us input do you think that we could maybe address this at the next meeting? Crookston: I believe that we could. It certainly may be a civil matter but I can't say that it is or is not until I have looked at all of that. Morrow: It would be my preference that we have the City Attorney and the Ordinance Officer research this issue and then report back to the Council at our next meeting which would be October 1. Corrie: Mrs. Moxley would that be okay with you until we look into this? I wiii entertain a motion (inaudible). Rountree: Mr. Mayor, I would ask Mrs. Moxley if you would allow the City inspector and possibly some other city staff to inspect the ditch? Moxley: We have all along said that we wanted to be notified and have the people come out. It is just that we rent to the horses and we need to know if the people are going in and out with gates and I don't want to shock somebody with the hot wire and the water combination. If you tell me I can unplug the fence and would be glad to do that. Rountree: What is a reasonable notification? Meridian City Council September 17, 1996 Page 14 Moxley: That day, I am there. Corrie: Any further discussion? Tolsma: I might mention to Shari that if the ordinance officer wants to go out there (inaudible) ditch rider because he has a lot of experience in ditches and stuff and (Inaudible). Corrie: Any further discussion or comments. Mr. Morrow, is that then your motion? Morrow: I will start from scratch Mr. Mayor, I would move that we instruct the ordinance officer and City Attorney and other members of staff as needed to research the issue with respect to Mrs. Moxley's comments on the Chamberlain Estates ditch issue and report back to the Council the facts on October 1, 1996 for further action at that time. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to have the Planning and Zoning Enforcement Officer (inaudible) City Attorney to look into this and report back on October 1 meeting, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: TABLED SEPTEMBER 3,1996: AMENDED ORDINANCE #3-101 GENERAL LICENSE CONDITIONS: Corrie: This will be Ordinance #744, AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING SECTION 3-101 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND RE-ENACTING SAID SECTION 3-101 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #744 read in its entirety? Hearing none I will entertain a motion on Ordinance #744. (End of Tape) Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve Ordinance #744 with suspension of the rules, any further discussion? Roll call vote. ROLL CALL VOTE: Morrow - Yea, Bentley - Yea, Rountree - Yea, Tolsma - Yea MOTION CARRIED: All Yea • RECE"ED OCT 2 8 1996 '%ITY Ot MERIDIAty 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 RE. • Chamberlain Estates Phase 2 of No. 1 Dear Ms. Persons: The Nampa & Meridian Irrigation District has conducted an inspection of the installation of the above mentioned project. This installation was put in according to the District's requirements. We also have a signed addendum to the construction contract for Chamberlain Estates No. 2, therefore, the District has accepted this pump system for operation and maintenance purposes. If you have any further question regarding this matter, please feel free to contact me. Sincerely, P John P. Anderson, Water Superintendent NA MPA & MERIDIAN IRRIGATION DISTRICT W11V-1 W1h7 PC: File Each Director Secretary -Treasurer Asst. Secretary -Treasurer Asst. Water Superintendent Pressure Irrigation Specialist - Ted Clinton LL ty of Meridian Attorney - Laura Burd Via Fax - Kevin Howell Construction APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Phones: Area Code 208 24 October 1996 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Tracy Persons Boise 345-2431 Kevin Howe# Construction 3451 East 52nd Boise, ID 83703 RE. • Chamberlain Estates Phase 2 of No. 1 Dear Ms. Persons: The Nampa & Meridian Irrigation District has conducted an inspection of the installation of the above mentioned project. This installation was put in according to the District's requirements. We also have a signed addendum to the construction contract for Chamberlain Estates No. 2, therefore, the District has accepted this pump system for operation and maintenance purposes. If you have any further question regarding this matter, please feel free to contact me. Sincerely, P John P. Anderson, Water Superintendent NA MPA & MERIDIAN IRRIGATION DISTRICT W11V-1 W1h7 PC: File Each Director Secretary -Treasurer Asst. Secretary -Treasurer Asst. Water Superintendent Pressure Irrigation Specialist - Ted Clinton LL ty of Meridian Attorney - Laura Burd Via Fax - Kevin Howell Construction APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Invoice Invoice Number. 95-123 Date: July 8,1996 TO: Kevin Howell 3451 Plantation River Drive Boise, ID 83703 of Meridian 33 East Idaho Meridian, ID 83642 (208)888-4433 Fwc (208)887-4813 Mail to (if different address QTY. DESCRIPTION UNIT PRICE TOTAL I Recording Fee for Non -Development Agreement for Chamberlain Estates No.1 9.00 9.00 I Recording Fee for Release of Non -Development Agreement for Chamberlain Estates No.1 6.00 6.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SUBTOTAL TOTAL DUE 15.00 $15.00 WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney May 6, 1996 • • Lot 1 HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President Block 2 RONALD R. TOLSMA CITY OF MERIDIAN C HARLES M. ROUNTREE Block 3 GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 8874813 JIM JOHNSON, Chairman Public Works/Building Department (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 8884443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor Dennis McGrew Idaho Power Company 10790 Franklin Boise, ID 83702 322-2050 or 861-4340 fax 322-2032 Re: Street Lights at Chamberlin Estates Subdivision #1 Phase1 Dear Dennis Street Lights have been installed by the developer in Chamberlin Estates Subdivision #1 Phase1. These are 100 and 250 watt high pressure sodium lights on steel poles, owned by the City of Meridian. The six (6) street lights are located at: Lot 1 Block 1 - 250 watt Lot 6 Block 3 Lot 11 Block 2 Lot 5 Block 4 Lot 12 Block 3 Lot 20 Block 3 See attached map for additional information. Please use this letter as your authority to activate these street lights. Sincerely William G. Berg, Jr. City Clerk c 1 • • ELECTRICAL PERMIT Issued: 5/01/96 Permit No: 8267 OWNER/APPLICANT------------------------PROPERTY LOCATION ------------------------ KEVIN HOWELL i i CHAMBERLAIN ESTATES l BOISE, ID 83000 I Lot: Block: Long Legal: 208/000-0000 I Sub: T: S: I Parc No: I CONTRACTOR ------------------------------ DESIGNER --------------------------------- ALLOWAY ELECTRIC 1 1420 GROVE ST. I BOISE, ID 83702 I , 208/344-2507 1 000/000-0000 I PROJECT INFO -------------------------------------------------------------------- Prj Value: $89305.00 1 Temp Service: Prj Type: STREETLIGHTS I Residential Service: Occ Type: I Number of Rooms: Oce Grp: Oce Load: 1 Electrical Heat: Cnstr Type: I Number of Circuits: Land Use: (Other: I PROJECT NOTES-------------------------------------------------------------------- L 1 B 1, LG&7 B2, L11 B2, L5 B4, L12 B3, L2O B3 PROJECT FEES ASSESSMENT---------------------------------------------------------- Amount Paid: $153.05 TOTAL ELECTRICAL FEF_: $153.05 Balance Due: $0.00 . WILLIAM G. BERG, JR., City Clerk JANICE L GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt DENNIS J. SUMMERS, Parks Supt. SHARI L STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. -BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX(208) 8874813 Public Works/Building Mwmnent (208) 887-2211 Motor Vehicle/Drivers License (208) 8884443 ROBERT D. CORRIE Mayor MEMORANDUM: To: Will Berg, City Clerk Bruce Freckleton, Assistant to City Engineer From: Harold Hudson, Electrical Inspector Re: STREET LIGHT ELECTRICAL INSPECTION WALT W. MORROW, Preaklent RONALD R. T OLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P A Z CO MISSION JIM JOHNSON, Chaimm TIM HEPPEA JIM SHEARER GREG OSLUND MALCOLM MACCOY Date: --3— �� I ghave inspected the electrical wiring and associated components for _lam street lights in -,�� 11 . Idaho Power Co. can now proceed with the activation. Harold Hudson, Electrical Inspector Gomes r -y, pka.w C:\WPWM60\GENERAL\UECINSP.MM0 t.9LA0 S IIS W jZ .q ► NJt14- .StRL00 L t>SZr 3 6Ct►.DON i j C ♦ �, w ♦ l! 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Howell, whose address is 3451 Plantation Rive Drive, Boise, ID 83703, City of Meridian, a municipality of the State of Idaho, acting by and through its Councilbers, as filed for record in the office of the Ada County Recorder as Instrument No. 9505342,on the 3rd day of August, 1995 is hereby released and revoked, the provisions thereof are no longer binding on the parties thereto, and the time for development of Chamberlain Estates Subdivision No. 1, Phase 2 as required by the Ordinances of the City of Meridian, shall commence on the 21 st day of June, 1996. Kevin A. Howefl C;ert F MERIDIAN D. Come, Mayor ALLGJL William G. Berg, City C k Fp '; BEAL ACKNOWLEDGMENT State of Idaho ) '9 C+ou �0@ ss County of Ada ) On this 20th day of June. 1996, before me, the undersigned, a Notary Public in and for said state, personally appeared Kevin A. Howell, known or identified to me to be the person who executed this instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. A RIAW�7 Notary P611 for Idaho Residing in Boise, Idaho My Commission Expires: 9-29-99 AUBLIG 4-two -tw OF 19_ 96056549 ADA 00. RECORDER .i. DA l I u IN'0%V R R 0 iSE ID _ 96 qui o r� o FEE ' GLYf RECORDED AT THE R� EST OF • ACKNOWLEDGMENT State of Idaho ) ) ss County of Ada ) On this day of k e , 1996, before me, the undersigned, a Notary Public in and for said state, personally appeared Robert D Corrie and William G. Berg, known or identified to me to be the Mayor and Cly Clerk of the City of Meridian, and the persons who executed this instrument on behalf of said City of Meridian, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day &pd year in this certificate first above wri n. QBOC' LfGs of ry Public for Idaho 1. siding in iYIdaho y Commission Expires: O Of 296.tlr 0 Meridian City Council June 18, 1996 Page 59 Rountree: Well I would make that a motion. 40 Corrie: Motion has been made by Mr. Rountree, that we continue this request for a conditional use permit and second by Mr. Morrow to the July 2 meeting, are we requesting the findings of fact be drawn up from this? Rountree: We are requesting draft findings. Corrie: We are requesting draft findings of fact and conclusions of law, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Forrey: Will we be able to see the draft findings of fact and conclusions of law prior to July 2 so that Robert and I can Corrie: As soon as we see them you can see them. Crookston: You can probably get them as quick as my secretary pulls them out of the printer. But they are not always very legible at that juncture. ITEM #14: REQUEST FOR RELEASE OF NON -DEVELOPMENT AGREEMENT FOR CHAMBERLAIN ESTATES NO. 1, PHASE 2: Corrie: Wayne, do you want to explain what all of this is? Crookston: What I have given to the Council is just my comments on the release of the Non -Development Agreement. I just think that there needs to be a little more added to it. Corrie: :n other words if we add those provisions that you have added in here by hand you wouldn't have a problem with the non -development agreement is that right? Crookston: That is correct. Corrie: I guess it is the Council's pleasure to add those in there as part of the release of the non -development agreement, discussion? Rountree: I didn't see any problem with it. Corrie: Shari, do you have a question or comments? Meridian City Council June 18, 1996 Page 61 Bentley's motion is that he wants it -rewritten in that manner and then wants it submitted, the Council has authorized the Mayor to sign. Bentley: That is correct. Corrie: Any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea (END OF TAPE) ITEM #15: REQUEST FOR HOOK UP TO SEWER BY CURTIS & TONYA GOSSAGE: Gossage: I don't know what information you have but Central District Health , do you have any letters from them? Corrie: No, all I have is your letter I guess. Gossage: Well they had, I guess they had drived by and saw that our drain field was failing. And then they wrote us a certified letter saying that they were requesting us to hook up to City sewer and gave us 30 days to hook up. They said we couldn't do anything with our drain field we had to hook up to City sewer. Corrie: So there is (inaudible) you are also requesting monthly payments to do that to take care of that, with your letter here or all at once? Gossage: Yes to make payments. Corrie: Does the Council have any questions? Rountree: I just need to get straight what went on with Central Health, in your letter you indicated that you had asked to fix your drain field and they said since the sewer is by your house that you must hook up. I am not sure that is necessarily appropriate on the part of Central District Health is it? Can they mandate that to either a private individual and or the City of Meridian. Crookston: I don't believe that they can, where is your property. Gossage: It is on the corner of South Locust Grove and Overland, the front of our house faces the back end of that R.V. Park. • 7 MERIDIAN CITY COUNCIL MEETING: JUNE 18 1996 APPLICANT: ITEM NUMBER; 14 REQUEST•REQUEST FOR RELEASE OF NON -DEVELOPMENT AGREEMENT FOR CHAMBERLAIN ESTATES NO 1 PHASE 2 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. JUN -12-1996 13:44 •RUBBLE ENGINEERING • 1 206 378 0329 P.02i06 RELEASE OF NON -DEVELOPMENT AGREEMENT The non -development agreement entered into by and between Kevin A. Nowell, whose address is 34S1 Plrrnmdon ,R1W Drilw, Ba* ID &3703, and the City of Me *&., a municipality of the State of Idaho, acting by and through its Council Members, as filed for record in the office of the Ada County Recorder as Instrument No. 95053422, on the 3rd day of August, 1995 is hereby released. Kevin A. Howell evin A. Howell ACKNOWLEDGMENT State of Idaho } s.s. County of Ada ) City of Meridian Robert D. Corrie, Mayor Attested: William G. Berg, City Clerk On this 6"M day of \I aO 1 1996 before me, the undersigned, a Notary Public in and for said state, personally appeared Kevin A. Howell, known of identified to me to be the person who executed this instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. . -10 ;r i *OTA*,, OF _spm•. Notary Public r Idaho Residing in Boise, Idaho My Commission Expires: 9-29-99 JUN -12-1996 13:44 •NUBBLE ENGINEERING ACKNOWLEDGMENT State of Idaho ) ) s.s. County of Ada ) • 1 208 378 0329 P.03/06 On this day of 1996, before me, the undesigned a Notary Public in and for said state, personally appeared Robert D. Corrie and William G. Berg, known to me to be the Mayor and City Clerk of the City of Meridian and the persons who executed the said instrument on behalf of said City of Meridian, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hetwinto set my hand and affixed my official seal, the day and year in this certificate first above written. . Notary Public for Idaho Residing in Idaho My Commission Expires: HUBBLE ENGINEERING, INC. 9550 Bethel Court ■ Boise, Idaho 83709 208/322-8992 ■ Fax 2081378-0329 June 3, 1996 VIA FACSIMILE City of Meridian ' Mr. Gary Smith, P.E. 33 East Idaho Avenue Meridian, Idaho 83642 Re: Chamberlain Estates Subdivision No. 1, Phase 2 Dear Gary, RECEIVED JUN 1 0 1996 MERCIAN CITY ENGINM The developer of Chamberlain Estates Subdivision No. 1, Phase 2 is preparing for construction and requests that the non -development agreement currently in place for phase two of this project be released. We are preparing for a pre -construction conference with construction anticipated to begin in mid June. Thank you for your time and consideration and please do not hesitatT--o .have an questions. 6 —�(� Sincerely, Ct_. JW% VA%VA-' Tracey Persons Project Coordinator c: Kevin Howell Construction Will Berg, City Clerk Shari Stiles, Planning & Zoning Administrator Gee wee dt, -C y��..�,,•rre� 7 Tip I Im YO)k � r''oit�.c.� - ;�� Tip I Im JUN -12-1996 13:44 BBLE ENGINEERING 1 208 378 0329 P.02i06 /ZZ I,// VV RELEASE OF NON -DEVELOPMENT AGREEMENT The non -development agreement entered into by and between Kenn A. Howell, whose address is 3451 Plantation River Drive, Boise, ID 83703, and the City of Ill -*&n, a municipality of the State of Idaho, acting by and through its Council Members, as filed for record in the office ol'the Ada County Recorder as Instrument No. 95053422, on the 3rd day of August, 1995 is hereby released. &IVLo/ / �/Lo'7JL�tow�L, Ale —h e- Kevin A. Howell Citf of Meridian evin A. Howell Robert D. Corrie, Mayor 1 Attested: Q`L-*� z , 4-2 William G. Berg, City Clerk ACKNOWLEDGMENT �t �4::2� State of Idaho ) Ar/ )S.S. - '2' "�< County of Ada } 7 On this Wth day ofd, 1996 before me, the undersigned, a Notary Public in and for said state, personally appeared Kevin A. Howell, known of identified to me to be the person who executed this instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set m hand and affixed ymr official seal, the day andyear in this certificate first above written. $p Notary Public r Idaho �! *OT44 Residing in Boise, Idaho 1 My Commission Expires: 9-29-99 "Meow ro cA D F .� • JUN -12-19% 13:44 OUHHLE ENGINEERING . 1 208 378 0329 P.03i06 ACKNOWLEDGMENT State of Idaho ) ) s.s. County of Ada ) On this day of 1996, before me, the undesigned a Notary Public in and for said state,. appeared Robert D. Corrie and William G. Berg, known tome to be the Mayor and City Clerk of the City of Meridian and the persons who executed the said instrument on behalf of said City of Meridian, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. . Notary Public for Idaho Residing in Idaho My Commission Expires: 11 RECEIVEQ MAP 1 8 1996 CIT' .);'QitR1Dix4t' 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 14 March 1996 Phones: Area Code 208 OFFICE: Nampa 466-7861 Rich Thomlinson Boise 343-1884 Hubble Engineering, Inc. SHOP: Nampa 466-0663 9550 West Bethel Court Boise 345-2431 Boise, ID 83709 RE: Chamberlain Estates Pressure Urban Irrigation System Contract Dear Rich: The plans for the pressure urban irrigation system at Chamberlain Estates have met the District's requirement, and at the Board Meeting of 19 December 1995, the President and Secretary of the Board of Directors of Nampa & Meridian Irrigation -District signed a Construction Contract for Urban Irrigation System in Chamberlain Estates Subdivision between the Irrigation District and Kevin and Irene Howell. That contract has been recorded at the Ada County Recorder's office as Instrument #95004382. Therefore, this system is in substantial compliance with Nampa & Meridian Irrigation District's requirements. If you feel that further discussion concerning this subject is needed, please feel free to call. Sincerely, John P. Anderson, Water Superintendent JPA/dnm cc: File Each Director Secretary/Treasurer Bill Henson City of Meridian F APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 S Meridian City Council November 8, 1995 Page 36 Yerrington: So moved Morrow. Second Kingsford: All those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Mr. Berg has opened up the ballot box from the first precinct. I would suggest that the Council look into another election, punch cards and process for counting. Crookston: Do you think we need another precinct? Kingsford: I don't think so, I don't think people were held up very long every voting, I think the problem is in counting. That was a good much to wait until 1:20 on counting. It appears that we are missing one ballot. They have mis-numbered those. We are apparently one off in ballots in the second precinct but there was no race that was within one. Missing one ballot do we just certify that we are missing one. Is everyone satisfied that they have looked at the material? Entertain a motion to canvass acknowledge that one ballot was missing in precinct two. Morrow: So moved Corrie: Second Kingsford: Moved by Walt, second by Bob to certify the election and acknowledge that one ballot was missing from precinct two, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #29: DEVELOPMENT AGREEMENT: CHAMBERLAIN ESTATES SUBDIVISION: Kingsford: You have reviewed that Shari? Stiles: Yes Mr. Mayor I have. Kingsford: Counselor, you guys have composite problem? Crookston: No, not on the development agreement. Kingsford: Where are we at, everyone involved with regarding to bagging the 0 • Meridian City Council November 8, 1995 Page 37 development agreements and going to a punch list that we focus in on that, is that still your desire, where are we at on that? Stiles: I am hoping we can start it immediately on your next annexation. To take that requirement out and instead state that it will be a list of conditions. Kingsford: Is there a motion to allow the Mayor to sign and the City Clerk to attest the development agreement for Chamberlain Estates Subdivision? Max: So moved Morrow. Second Kingsford: Moved by Max, second by Walt to allow the Mayor to sign and the City Clerk to attest the development agreement for Chamberlain Estates, all those in favor? Opposed? MOTION CARRIED: All Yea Crookston: Do you want to bring up the CC&R's on that subdivision? Kingsford: I can't I don't have them on my agenda. Crookston: I know you don't Kingsford: Do you have those, have you reviewed them? Crookston: I have there are some very slight modifications, I would request that the Council approve subject to my approval. Morrow. Mr. Mayor, I would move that we approve the CC&R's for Chamberlain Estates Subdivision subject to the final approval by City Attorney Crookston. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the CC&R's for Chamberlain estates Subdivision subject to Wayne Crookston's approval, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #30: WATER/SEWER/TRASH DELINQUENCIES: 9508458 DEVELOPMENT AGREEMENT '95 PIOU 10 Pel 09 THIS AGREEMENT, made and entered into this FEE- day. of lV'// HEC ; : _ST ;F e00-ir.ileV 1995, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "CITY", and Kevin A. Howell and Irene Howell, husband and wife, dba Kevin Howell Construction, party of the second part, hereinafter called the "DEVELOPER", whose address is 3451 Plantation River Drive, Boise, Idaho 83703. WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed. two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit "A", and requested zoning of R-8 and has submitted a subdivision preliminary plat for said DEVELOPMENT AGREEMENT - 1 Chamberlain Estates Subdivision #1 d/realest/chambrin.dev property which has been recommended for approval by the Meridian Planning and Zoning Commission; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and, WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de- annexation if the DEVELOPER did not enter into a Development Agreement. DEVELOPMENT AGREEMENT — 2 d/realest/chambrin.dev C� NOW, 'THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non -de -annexation of the area, as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A", only construct single-family houses and that all such single-family houses shall have at least 1301 square feet of floor space, exclusive of garages. 3. That the property zoned R-8, described in "Exhibit All, shall have lot sizes of at least Sixty Five Hundred (6500) square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the R-8 zone and have no duplex units, townhouses, or patio homes constructed on said property. 4. That there shall be no change to increase the number of lots or the size of lots as shown in the preliminary plat submitted with the request for annexation, zoning and preliminary plat approval, which is incorporated herein as if set forth in full herein. DEVELOPMENT AGREEMENT — 3 d/realest/chambrin.dev 5. That DEVELOPER will, before annexation, or de -annexation, file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The Subdivision Improvement Plan, or.Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within or that may affect or be affected by the development. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. 6. That DEVELOPER will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. DEVELOPER shall also install DEVELOPMENT AGREEMENT — 4 d/realest/chambrin.dev telephone, electrical power, gas lines, and television as required for the development. 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 9. That DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said improvements prepared by a Registered Professional DEVELOPMENT AGREEMENT — 5 d/realest/chambrin.dev ' • 9 Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, pressurized irrigation lines, gas lines, electricity lines, storm drain lines, curb and gutter, street paving, etc.) and that the materials for and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 10. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety DEVELOPMENT AGREEMENT — 6 d/realest/chambrin.dev of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. 11. That DEVELOPER agrees, that upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable time, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements, the DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present DEVELOPMENT AGREEMENT — 7 d/realest/chambrin.dev in person or by counsel, and to be heard on the merits of the proposed finding. 12. That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of Occupancy within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 13. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, DEVELOPMENT AGREEMENT — 8 d/realest/chambrin.dev the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5%) per annum, until paid. 14. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. In the event of DEVELOPER's failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates DEVELOPMENT AGREEMENT — 9 d/realest/chambrin.dev to the percentage of improvements that have been installed as compared to the total amount of improvements. The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPMENT AGREEMENT — 10 d/realest/chambrin.dev DEVELOPER agrees to provide such, if required by the CITY. 15. That DEVELOPER agrees that those portions of the water main or the sanitary sewer line, for which the CITY has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development; that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER's purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY's agreement to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible DEVELOPMENT AGREEMENT - 11 d/realest/chambrin.dev contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the CITY may possibly agree to enter into a late comers agreement. The CITY Is obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 16. That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 17. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around the entire DEVELOPMENT AGREEMENT — 12 d/realest/chambrin.dev parcel prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. 18. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian: DEVELOPER: City Engineer Kevin A. Howell City of Meridian Irene Howell 33 East Idaho 3451 Plantation River Drive Meridian, ID 83642 Boise, Idaho 83703 19. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 20. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER's heirs, successors or assigns. 21. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 22. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de - annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. DATED the date, month and year first appearing. DEVELOPMENT AGREEMENT — 13 d/realest/chambrin.dev 0 DEVELOPER: Kevin Howell Construction CITY OF MERIDIAN Of- m&C416 Fp Grazit P. Kingsford, M yo `A L �� At .�c illiam G. Berg, Jr. , C y Clerk �'., 9� 1�T 1ST • � �`.. '`rttttfttltl DEVELOPMENT AGREEMENT — 14 d/realest/chambrin.dev STATE OF IDAHO ) :ss. County.of Ada ) i On this R day of 199?, 199?, before me, the undersigned, a Notary Public in and for said State, personally appeared Kevin A. Howell and Irene Howell, husband and wife , known, or proved to me, to be the persons who executed this instrument and acknowledged to me that they executed the IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above writtemaasa0a._ I 490'�a l P.�� �1aeo a4'®��s 4 S �OTgjQy °tl jSEVL4bUBj.10 STATE &PNOAHO :ss. County of Ada ) Notary Public Residing at:_ My Commission or Expires: On this F day of A/0ye) bYr , 199 before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above writterX�:7— :-. (SEAL) =_ �pTA�#y�o IOV DEVELOPMENT AGREEMENT — 15 d/realest/chambrin.dev Notar lic Res idinal at: My Commission for Id Expires: awA Project No. 93053 January 21, 1994 Revised May 9, 1994 REVISED DESCRIPTION FOR CHAMBERLAIN ESTATES SUBDIVISION PORTIONS OF A RESUBDIVISION OF LOTS 9 THROUGH 16, BLOCK 8, CHATEAU MEADOWS EAST NO. 9, GOVERNMENT LOT 4 AND THE S1/2 NW1/4, SECTION 5, T.3N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land being portions of a resubdivision of Lots 9 through 16 of Block 8 of Chateau Meadows East No. 9, a Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 61 of Plats at pages 6068 and 6069 and in particularly shown in Quitclaim Deed No. 9346079, Government Lot 4 and the S1/2 of the NW1/4 of Section 5, T. 3N., R.1 E., B. M., Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the brass cap marking the one-quarter corner common to Section 6 and the said Section 5; thence North 0024135" East 2603.50 feet along the Westerly boundary of the said NW1/4 of Section 5, which is also the centerline of North Locust Grove Road, to a 5/8" iron pin marking the section comer common to the said Sections 6 and 5 and Sections 31 and 32, T.4N., R.1 E., B. M.; thence South 0024'35" West 954.60 feet along the said Westerly boundary of the NW1 /4 of Section 5 to an iron pin; thence South 89039'35" East 45.00 feet to a 2 -inch iron pipe, also said point being the REAL POINT OF BEGINNING (INITIAL POINT); thence along the following courses and distances to iron pins: continuing South 89035'39" East 1282.25 feet; thence South 0026'06" West 328.63 feet; thence South 89044'12" East 331.34 feet; Project No. 93053 January 21, 1994 thence South 0028'15" West 655.80 feet to a point on the Northerly boundary of Chateau Meadows East No. 8, a Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 60 of Plats at pages 6023 and 6024; thence North 89°3533" West 485.93 feet along the said Northerly boundary of Chateau Meadows East No. 8 to a point marking the Northwest corner of the said Chateau Meadows East No. 8 and the Northeast corner of the said Chateau Meadows East No. 9; thence along the Southerly boundary of the said Quitclaim Deed Instrument No. 9346079 the following courses and distances: South 89°15'42" West 95.40 feet; thence South 89°47'28" West 101.42 feet; thence North 89°50'16" West 70.00 feet; thence South 89°47'38" West 70.00 feet; thence North 89°55'10" West 70.00 feet; thence South 89°50'06" West 70.00 feet; thence North 89°47'08" West 106.20 feet; thence leaving the said Southerly boundary of Quitclaim Deed Instrument No. 9346079 North 4°30'28" West 398.65 feet; thence North 89°42'09" West 554.65 feet to a point on the said Westerly boundary of the NW1/4 of Section 5; thence North 0024'35" East 50.00 feet along the said Westerly boundary of the NW1/4 of Section 5; thence South 89°42'35" East 548.22 feet; thence North 3°53'33" West 211.83 feet; Chamberlain Est. Subd.-Rev. Page 2 of 3 Project No. 93053 January 21, 1994 thence North 89037'50" West 532.33 feet to a point on the said Westerly boundary of the NW1/4 of Section 5; thence North 0°24'35" East 330.94 feet along the said Westerly boundary of the NW -1/4 of Section 5; thence South 89035'39" East 45.00 feet to the point of beginning, comprising 27.24 acres, more or less. Prepared by: HUBBLE ENGINEERING, INC. D. Terry Peugh, P.L.S. JC M/DTP/G LR/b h/761. des Chamberlain Est. Subd.-Rev. Page 3 of 3 • EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND KEVIN A. HOWELL This subdivision development is for single-family dwelling units and is to be developed in two phases. Phase I will have 53 lots (composed of four non -build lots and 49 building lots) and Phase II will have 50 lots (all of which are building lots). The total acreage is 27.,24 total acres and the density is 3.78 total lots per acre for all lots and 3.63 building lots per acre. Developer agrees for each phase to: 1. Extend and construct water and sewer line extensions and connect to the existing Meridian water and sewer lines to serve each phase of this development as each phase is constructed and serve each building lot. 2. Construct streets, curbs, gutters and sidewalks to and within each phase of the development as each phase is constructed which meet City and ACHD requirements. 3. Dedicate all required public rights of way from the center line of adjoining public roads. 4. Pay any usual and customary development fees or transfer fees adopted by the City of Meridian. 5. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law adopted by the City of Meridian regarding this development. 6. Comply with all Meridian City ordinances. 7. Construct berms and landscaping in all common area lots of the development which are designated as follows: Lot 1 Block 1 (planting strip traffic divider) Lot 1 Block 2 (sidewalk adjacent to ACHD right-of-way and landscape all other portions of this lot; construct perimeter fence between this lot and adjacent building lot) EXHIBIT B - 1 d/realest/howell.exb 0 • Lot 1 Block 3 (sidewalk adjacent to ACHD right-of-way and landscape all other portions of this lot; construct perimeter fence between this lot and adjacent building lot) Lot 13 Block 3 (retention pond/drainage basin area; landscape) These lots shall be transferred to the Homeowners Association and the Covenants, Conditions and Restrictions (CC&R's) for this subdivision shall provide that the Association shall maintain these common area lots. 8. Pressurized irrigation shall be provided to all lots in each phase of this development as each phase is developed. 9. Perimeter Fencing:Construct fencing around the exterior Subdivision perimeter of the entire Phase I development. Between Phase I and Phase II Developer shall construct temporary construction fencing while Phase I is under construction but Phase II is not. Upon construction of Phase II of the development Developer agrees to construct the remainder of the fencing around the perimeter of Phase II. In the alternative to the temporary construction fencing between Phase I and Phase II Developer may elect to construct permanent fencing around all of Phase I and Phase II. EXHIBIT B - 2 d/realest/howell.exb This AGREEMENT, made and entered into this day of , 1995, by and between KEVIN A. HOWELL, whose address is 3451 PlantafiQn River Drive, Boise, ID 83703 hereinafter referred to as "DEVELOPER," and the CITY OF MERIDIAN, a municipality of the State of Idaho, acting by and through its Council Members, hereinafter referred to as "CITY." WITNESSETH: WHEREAS, DEVELOPER, is currently the Owner of all real property and subdivision lots contained in CHAMBERLAIN ESTATES SUBDIVISION Ada County, Idaho; and, WHEREAS, DEVELOPER desires to withhold development. of street, sewer, water, irrigation and other utility and lot improvements and sale of proposed LOTS 12 THROUGH 26, BLOCK 4, LOTS 2 THROUGH 24, BLOCK 5, LOTS 22 THROUGH 27, BLOCK 3, AND LOTS 1 THROUGH 6, BLOCK 6 (hereafter "Undeveloped Lots") or more particularly described as follows: A PARCEL OF LAND BEING PORTIONS OF LOTS 9 THROUGH 12 OF BLOCK 8 OF CHATEAU MEADOWS EAST NO. 9, A SUBDIVISION, AS FILED FOR RECORD IN THE OFFICE -OF THE ADA COUNTY RECORDER, BOISE, IDAHO IN BOOK 61 OF PLATS AT PAGES 6048 AND 6049 AND IN PARTICULAR SHOWN IN QUITCLAIM DEED NO. 9346079 AND LYING IN GOVERNMENT LOT 4 AND THE S1/2 OF THE NW1 /4 OF SECTION 5, T.3N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT A POINT MARKING THE ONE-QUARTER CORNER COMMON TO SECTION 6 AND THE SAID SECTION 5; THENCE NORTH 024'35" EAST 2603.50 FEET ALONG THE WESTERLY BOUNDARY OF THE SAID NW1/4 OF SECTION 5, WHICH IS ALSO THE CENTERLINE OF NORTH LOCUST GROVE ROAD, TO A POINT MARKING THE SECTION CORNER COMMON TO THE SAID SECTIONS 6 AND 5 AND SECTIONS 31 AND 32, TAN., R.1 E., B.M.; THENCE SOUTH 0°24'35" WEST 954.60 FEET ALONG THE SAID WESTERLY BOUNDARY OF THE NW1/4 OF SECTION 5; THENCE SOUTH 89°35'39" EAST 1327.25 FEET TO A POINT ON THE EASTERLY BOUNDARY OF THE SAID GOVERNMENT LOT 4 OF THE NW1/4 OF SECTION 5; THENCE SOUTH 026'06" WEST 280.49 FEET ALONG THE SAID EASTERLY BOUNDARY OF GOVERNMENT LOT 4 OF THE NW1/4 OF SECTION 5 TO A POINT, ALSO SAID POINT BEING THE REAL POINT OF BEGINNING; THENCE CONTINUING SOUTH 0026'06" WEST 48.14 FEET ALONG THE SAID EASTERLY BOUNDARY AND EXTENDED EASTERLY BOUNDARY OF THE SAID GOVERNMENT LOT 4 OF THE NW1/4 OF SECTION 5 TO A POINT; THENCE SOUTH 89044'12" EAST 331.34 FEET TO A POINT; THENCE SOUTH 0028'15" WEST 655.80 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF CHATEAU MEADOWS EAST NO. 8, A SUBDIVISION, AS FILED FOR RECORD IN THE OFFICE OF THE ADA COUNTY RECORDER, BOISE, IDAHO IN BOOK 60 OF PLATS AT PAGES 6023 AND 6024; THENCE NORTH 89035'33" WEST 485.93 FEET ALONG THE SAID NORTHERLY BOUNDARY OF CHATEAU MEADOWS EAST NO.8 TO A POINT MARKING THE NORTHWEST CORNER OF THE SAID CHATEAU MEADOWS EAST NO.8 AND THE NORTHEAST CORNER OF THE SAID CHATEAU MEADOWS EAST NO. 9; THENCE ALONG THE SOUTHERLY BOUNDARY OF THE SAID QUITCLAIM DEED INSTRUMENT NO. 9346079 THE FOLLOWING COURSES AND DISTANCES: SOUTH 89°15'42" WEST 95.40 FEET TO A POINT; ,P50531; f THENCE NORTH 0°26'27" EAST 117.83 FEET TO A POINT; THENCE SOUTH 89033'33" EAST 6.54 FEET TO A POINT; THENCE NORTH 8°06'50" WEST 213.03 FEET TO A POINT; THENCE NORTH 6054'05" EAST 50.34 FEET TO A POINT; THENCE NORTH 0°15'48" EAST 109.28 FEET TO A POINT; THENCE SOUTH 8904656" EAST 15.79 FEET TO A POINT; THENCE NORTH 82°48'46" EAST 115.18 FEET TO A POINT; THENCE NORTH 78020'36"EAST 132.86 FEET TO A POINT; THENCE NORTH 84°24'10" EAST 65.34 FEET TO A POINT; THENCE SOUTH 89°54'13" EAST 195.38 FEET TO A POINT ON THE SAID EASTERLY BOUNDARY OF GOVERNMENT LOT 4 OF THE NW1/4 OF SECTION 5 TO THE POINT OF BEGINNING, COMPRISING 13.00 ACRES (566,176 SQUARE FEET), MORE OR LESS. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties of this agreement agree as follows: DEVELOPER hereby agrees that no improvements will be installed in said Subdivision lots as required by the CITY, without the prior written permission of the CITY. If DEVELOPER desires to install any of the said improvements for said lots, then DEVELOPER shall submit a written request to the CITY which shall contain a detailed description of the limited improvements which are desired and estimated time and cost to complete such improvements. The CITY reserves the right to require an irrevocable letter of credit or cash deposit Surety Agreement in amounts sufficient to secure the full and adequate performance of DEVELOPER upon such stated improvements and detailed construction plans. Such irrevocable letter of credit or cash deposit Surety Agreement will be figured at the prevailing construction costs determined by the CITY. DEVELOPER herein agrees that when developer does desire to develop, the required improvements shall meet the City Standards and Specifications in effect at that time. DEVELOPER further agrees not to sell any of the above referenced lots in said Subdivision during the term of this agreement, or until a new irrevocable letter of credit or cash deposit Surety Agreement has been issued and delivered to the City, or until an amended non -development agreement is agreed upon and entered into and the required improvements of said Subdivision are completed in accordance with then current CITY standards and specifications. DEVELOPER acknowledges that this Agreement will be recorded with the County Recorder of Ada County, Idaho to provide public notice to prospective purchasers of'the temporary restraint on conveyancing. At such time as this Agreement terminates, the City agrees to release DEVELOPER from such restraint, and to duly file and record with the County Recorder of Ada County an appropriate release. DEVELOPER and CITY specifically understand and agree that for the purpose of this Agreement, the status of the undeveloped lots in said Subdivision will be as though plats thereof had not been filed, this Agreement is not intended and does not affect CITY requirements heretofore complied with by the DEVELOPER and obtained by said DEVELOPER, except as exnressly aareed to and contained in this Aareement. 7 I or before the above date, City shall record a statement that approval for the "undeveloped lots" portion of the subdivision has been voided. This Agreement shall inure to the benefit of, and be binding upon, the heirs, executors, administrators, assignees and successors of the respective parties. IN WITNESS WHEREOF, the DEVELpPER and the CITY OF MERIDIAN have executed this Agreement at Meridian, Idaho, the ?�`-s-. day of 1N:�/IN mi OR190N4 " evin A. Howell STATE OF IDAHO ) )SS County of Ada ) CITY OF MERIDIAN On this <W day of 0LAkAAAkt , 1995 before me, the undersigned, a Notary Public in and for said state, personally a ' peared KEVIN A. HOWELL, known or identified to me to be the person who executed this instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ON*� CMI plki,{►'y% �Se .00 ,rA*,p +\ pU El 0- e ® n ►� •®°®eoeo®�y e '9�ogT OF p®�4 STATE OF IDAHO )SS County of Ada S, � a � / ],�, r -Y-1 /aur Notary Public r Idaho Residing at Boise. Idaho My Commission Expires: q G On this day of Gtr— , 1995 before me, the undersigned, a Notary Public in and for said state, personally appeared GRANT P. KINGSFORD, known to me to be the Mayor of the City of Meridian and the person who executed the said instrument on behalf of said City of Meridian, and acknowledged to me that said City of Meridian executed the same UCEIVeD OCT 0 5 1995 CITY Of MJ%jul,>a►. & t7w .gaaaa V . 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 4 October 1995 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Richard Tomlinson Boise 345-2431 Hubble Engineering, Inc. 9550 Bethel Court Boise, Idaho 83709 Re: Pressure Irrigation -Chamberlain Estates Subdivision/Cougar Creek Subdivision/Tract Subdivision No. 5 Dear Rich: Nampa & Meridian Irrigation District has completed a review of the above mentioned proposed pressurized irrigation system. For the most part, it looks like the combined system for these subdivisions will be adequate. This system does meet Nampa & Meridian Irrigation District's specifications but I have concerns that I would like addressed. In Tract Subdivision No. 5 there are two open ended lines. I do not have the block numbers but I am sure that you can use the plans as a reference. Lots 2 through 13 and lots 6 through 13 do not loop the entire system. If these lines were looped, it would make the system much more efficient. As this system is large, when the area expands to the point of the development of Chamberlain Estates No. 2, I would like to add a booster pump off of Nampa & Meridian Irrigation District's Finch Lateral. We will stay within the easement. It would be helpful if the engineers would include the piping to reach this area. This will generate a more constant pressure and better flows for the entire area. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 4 October 1995 Richard Tomlinson Page 2 Nampa & Meridian Irrigation District all three subdivisions. I know that returned to the District by the owner and Cougar Creek Subdivision. This District's Board of Directors at the At the same meeting, I would like to to this contract by an addendum. P. attorney, Laura Burri, at 342-4591 necessary document. CJ does require a contract with a signed contract has been s of Tract Subdivision No. 5 contract will go before the meeting of 17 October 1995. see Chamberlain Estates tied .ease contact the District's and have her prepare the If you feel further discussion is required regarding this matter, please feel free to contact me. Sincerely, John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board Laura Burri Bill Henson John Sharp Ted Clinton Pi Lee/JUB Engineers ty of Meridian Trish Cooper File • • MERIDIAN CITY COUNCIL MEETING: AUGUST 1. 1995 APPLICANT ITEM NUMBER; 11 REQUEST; NON -DEVELOPMENT AGREEMENT FOR CHAMBERLAIN ESTATES AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: �J NAMPA MERIDIAN IRRIGATION; / l SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. cg ENTRAL DISTRICT HEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. It BOISE, ID 83704-0825 • (208) 375-5211 • FAX 327.8500 To prevent and treat disease and disability, to promote healthy lifestyles; and to protect and promote the health and quality of our environment. 95-279 July 19, 1995 v�Ecr i s DAVID NAVARRO IW n W5 ADA COUNTY RECORDER 650 MAIN STREET C1,TY BOISE ID 83702 RE: CHAMBERLAIN ESTATES SUBDIVISION Dear Mr. Navarro: Central District Health Department, Environmental Health Division has reviewed and do approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on July 18, 1995. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, Thomas E. Schmalz, E.H.S... l0' Senior Environmental Health Specialist CC: Tom Turco, Director of Environmental Health Marty Jones, Supervisor of Environmental Health HUD Kevin Howell Construction Hubble Engineering City of Meridian Serving Valley, Elmore, Boise, and Ada Counties ADA / BOISE COUNTY OFFICE WIC BOISE - MERIDIAN 707 N. Armstrong PI. 1606 Robert St. Boise, ID 83704-0825 Boise, ID 83705 Enviro. Health: 327-7499 Ph. 334-3355 Family Planning: 327-7400 324 Meridian Rd. Immunizations: 327-7450 Meridian, ID. 83642 Nutrition: 327-7460 Ph. 888-6525 WIC: 327-7488 ELMORE COUNTY OFFICE EIMORE COUNTY OFFICE 520 E. 8th Street N. OF ENVIRONMENTAL HEALTH Mountain Home, ID 190 S. 4th Street E. 83647 Ph. 587-4407 Mountain Home, ID 83647 Ph. 587-9225 go VALLEY COUNTY OFFICE 703 North 1 st P.O. Box 1448 McCall, ID 83638 Ph. 634-7194 Meridian City Council May 2, 1995 Page 25 covered or tiled. And so Kingsford: If it is not a drain then probably we are looking at Morrow: Is this where this gets confused with respect to what David is after and what the staff was after. If it is a drain than it doesn't automatically get tiled is that correct as per our ordinances. And if it is a lateral than the ordinance says that it gets tiled. Crookston: That is basically correct. Morrow: So the dilemma is all in the name. Kingsford: Partially of course the other thing that buddies the issue is Gary has found that we don't have any live ditches in the City limits of Meridian, or natural drains. Chamberlain Estates drainage pond. Stiles: Okay, Chamberlain Estates they requested an extension on recording their plat on December 6, 1994. Council's motion was to extend the grant until April 15th conditioned up on the gravel pit issue being remedied and if it is not it is dropped. I can't quite get through this motion here, if it is remedied than it is extended for the calendar year. It has been a continual problem, all last summer was a problem. We are hopeful when they asked for the extension in December that would give them some incentive to fix the problem. They did go out and throw some dirt in there and change the banks a little bit. We received a letter from Jim Merkle on March 16th that the rough grading of the storm water pond has been completed. Rich Tomlinson has been to inspect the work, the pond has been rough graded in accordance with the approved plans. The top banks of the pond have been bermed up so as not to allow any irrigation run off from adjacent lots into the pond. As you know this was to be completed prior to April 15th to allow the extension of the Chamberlain final plat. Please forward this information to the City Council so as not to affect our plat exterior. What had been done when we received this letter was not in fact in accordance with the plans. The very first day the irrigation water went in there was a fountain of water gushing into it. It was filled, not filled to the top but there was a lot of water in there in a short period of time. The developers engineer has jokingly said that the adjacent neighbors didn't need to worry about their gophers they wouldn't have a problem then. The fact is there is no reason for this pond to be there. It was basically a mining operation done to create the Cougar Creek bike path. It is a nuisance, it is a safety problem. When there is not water in there kids are parking their cars in there and partying. Carol Ann Moxley is here tonight she is an adjacent property owner, when I went out to see her trying to flood irrigate it simply does not irrigate the way it used to. It was not through her creation of the problem, it was created by this giant sucking pond. I believe they have done what they said they would do. This has been such a problem and very • Meridian City Council May 2, 1995 Page 26 little attention paid to it unless there is some kind of an ultimatum given. I would like the plat declared null and void, I would even like you to consider de -annexing the property because it is serving no purpose and it is just a continual problem for staff and the adjacent property owners. Kingsford: I can't pass this up, can we name the pond the NAFTA pond? Would you explain to me how that affects your irrigation? Moxley: I am Carol Ann Moxley and we purchased the property last April 5th. Shortly after that I did pull a drowning 8 year old boy when that was 8 feet deep out of the water. I was in my back yard and I heard a little boy scream and if his brother hadn't been there with him I guess they were looking for frogs in this ditch of water he would have been gone. I. ended up tearing my clothes running through barbed wire and getting there and pulling a little drowning boy out and having to resuscitate him and hose him off and take him home to his parents. That is what got us going on this thing, we've had troubles ever since. It is not fenced by any means, on my side I have small children but they know never across barbed wire because they are worried about horses and everything. But the subdivisions next to us have small children that just tend to migrate over there. On the opposite side there is a blind man living there and his grandparents and family have put up fencing that you can't imagine barbed wire trying to safety him off. But the ditch goes right up to the fencing there is no, like you say the others have 5 feet we have nothing. He tried to put some dirt up and it is just dirt clumps that the water goes through and it just pushed our fences back. But any time you have water that is running it is going to go to the low spot and this water runs north south on the irrigation ditch that is supposed to be there. The property runs east west, the run off in there just as it starts flooding down toward the east of my land just because that is the low spot siphons into it. There is a great deal of problem every time we run the water both of us are out there plugging gopher holes and they are laughing if we take care of the gophers. We have called the gopher extermination and they have been coming out every 2 weeks working to try and solve that problem. It is just an open ditch of sloped dirt and there is just no way to prevent the water from going in there. It is less than 5 feet from the neighbors basement. So when that fills with water his basement fills with water. I have no problem with the original plat that called for fencing, it called for drainage tiles that were supposed to be in there, it called for a depth no greater than 3 feet. They came in and changed to the 8 feet to 4 feet and something but it is still there. When the water came it started to fill and when I left tonight it was filled again to the top. We sent in last spring pictures of the water filled to the top and it is just eroding the land away on either side. Eventually some horse is going to walk along there and take half the slope with it. Kingsford: About 10 times a year I hear from the City Clerk of Burley about that pond. Moxley: Yes, that is his grandson that is blind that is there that he doesn't want to find in • 0 Meridian City Council May 2, 1995 Page 27 the ditch either. Kingsford: Well, what is our remedy counselor? Can we force them to fill that up, that is going to be a problem now with it full of water. Is there waste dirt around it that can be just pushed in? Moxely: What he did was he had to have dirt to finish off his beautiful berms over at Cougar Creek and so he hasn't added any water since March 16 when he came in and did the sides again. Instead of making it a square hole like this he did push dirt in with a back hoe to slope the sides a little bit which now would make it even harder if I pull somebody to to get out because the slopes would just pull away from you as I try to get up. Where before there was a ledge and I could pull myself up with the little boy in tow. Morrow: I got a call this afternoon from Kevin Howell who is the developer. Quite candidly a lot of what he is telling me and 1 have never met him before, but he has the same issue or the same problem as Mr. Turnbull before us from the stand point that he is telling me that he had thought through his sub -contracting and contractors that there were certain things that were taken care of here and obviously they were not. Now then where that puts us based on the testimony and based on Shari's presentation is we have something that is obviously life threatening in the same breath Mr. Howell is not here to make a presentation but I think that we need to be talking to him and have a sense of fair play to Mr. Turnbull. The same conditions that apply to Mr. Turnbull apply to Mr. Howell. The issue with respect to my conversation this afternoon would indicate that Mr. Howell is probably not aware that there is a blind person immediately adjacent to this thing. Probably indicates that he is not aware that one child at some point in time last year was in trouble there. Kingsford: I think he was, I think he was aware of a near blind person being adjacent. Morrow: He didn't indicate that to me. I think the issue here is based on that information the same thing applies to him that applies to Mr. Turnbull as I see it. I don't know whether that means you pump the water out, is there a place to pump it to? Moxley: They can pump it back on my land. Morrow: The other side of the coin Carol is in terms of part of irrigating I know it is really tough but my very first lesson with irrigating is getting my water on the next door neighbors place and boy did I take a scolding and never forgot it. I spent a lot of money and time digging waste ditches and those kinds of things so that the water never left my property. Moxley: We did that, we did it extensively but because of the gopher holes and the erosion • Meridian City Council May 2, 1995 Page 28 0 we can't stop it. You can come out and see all of our new ditches. Morrow: I have some neat gopher traps that work really good. I have not had a lot of success with the gopher pest control people. What I have had success with is traps and stuff myself and that is how I have.had to solve the problem personally. I don't know, the issue here as I see is the immediate problem is to get rid of the water. Obviously you can't back fill something that is full of water. You can't drain it or anything else, so I think that is where Mr. Howell needs to start. Because, we can de -annex him and hang him by his heels but the problem is we are not going to get rid of the water Shari. So I think the immediate step is to get rid of the stuff which is a safety hazard. Then pursue the other things. Kingsford: Well, still Shari's point is well taken that he has ignored what we have said. Morrow: I understand that and I don't disagree with that. But I think in the order of steps is one you get rid of the hazard and then 2 you deal with the other administrative issues. Kingsford: So I guess in your motion what you need to do is to declare some sort of a penalty. Morrow: You mean structure the motion somewhere along the lines that he has 48 hours to to get rid of the water at which time if it is not accomplished water route dirty and de - annexation Kingsford: I think you need to have over his head one the termination of the plat and 2 the possibility of de -annexation. Which is not an easy thing to do but do it, Counselor? Crookston: Since Mr. Howell is not here I think that we do have some notice problems. Before we make that kind of Kingsford: Have the City Clerk then send a letter via the police department then serving. (End of Tape) Morrow: Well, okay, with respect, as I see this issue with respect to notification is that I don't have a problem with the notification in terms of fill ups and stuff like that, but I have a problem with notification in terms of solving the immediate issue which is the water depth. Quite candidly my experience has been that you can't get into too much trouble trying to do the right thing, I'd rather get in trouble here trying to do the right thing with the good counselor and his folk and get the thing pumped than delay because of lack of notice of lack of representation on the part of the Mr. Howell. Meridian City Council May 2, 1995 Page 29 Kingsford: Still what I think I am hearing is you pump that water out if you have gophers it runs right back in. I think you can fill in a pond, it is a hole in the ground you can fill it in, whether there is water in it or not. It is a problem with compaction we are not talking about building a house over it. Morrow: No, and I am not concerned about the compaction, this issue is that in the first place in the location you have to be able to get to it with equipment to get it filled in. (Inaudible) Morrow: I see it as an issue of getting rid of the water immediately. I am not concerned about the de -annexation and the termination of the plat. I think that comes with proper notice to satisfy the Kingsford: Let's hear a motion that you are satisfied with then. Corrie: We have to get rid of the water and fill it up with dirt (inaudible) is that what I am hearing from her. Morrow: I have real mixed emotions about this, part of the water problem going in there is these run off water from properties adjacent to it. Under normal circumstances and under our ordinance with respect to irrigation people using irrigation within the City of Meridian are responsible to A) clean their ditches, B) keep them free of rodents such as gophers, and so that is an issue also that is certainly not of Mr. Howell's causing. Yerrington: What is the size of this pond roughly? Moxely: (Inaudible) Corrie: If we take the water out and fill it up or level it off what happens to the water, its sucking all this water from someplace, where is that water going to now? Moxley: The water is going to go instead of down into his hole down my sloping (inaudible) or else it would go across it (inaudible). Morrow: Well, I don't know that it does Bob, maybe it floods the rest of the places around there. Because if memory serves me correctly at that particular point where this thing is the street is elevated above, you fill in the pond I don't know that it can get to Ustick and Locust Grove which looks like the low point. Your question is great where does it go, I don't know. 0 • Meridian City Council May 2, 1995 Page 30 Corrie: Can you help us Gary? Where would that water go? Smith: Where would the water go that drains into the pit? Corrie: Right, if we take the water out and eliminate that pit what happens to the water? Smith: Well, the pit, retention area was designed to contain run off water from the street system in Chamberlain Subdivision. I don't recall the exact details of the retention area but it is a retention not detention. Any excess water that comes off the street drainage system would be retained in that pond and would, I would assume, filter down into the sub- soils, gravel and drain away. If you have water running into the pond from properties adjacent to it then you are going to have water in the pond I guess when irrigation water is present on the ground adjacent to it. The water does drain out of the pond as it comes in, I don't know how long it takes. Doesn't it drain out Carol? Moxely: When it is summer time and the water is coming every 10 days there is continuous water. Smith: It is continuously full of water. One of the major issues that we tried to address with this whole thing since the beginning which goes back to the middle of last year when we first started having correspondence with Mr. Howell about this pit was the water issue. And one of the things that I was told by the developers engineer was that when they filled this ditch up or the pit up to approximately what it is design elevation on the problem and the side slopes that they were taking care of the problem of water entering the excavation from the sides from the adjacent property. Obviously that hasn't happened. Whether it is a gopher hole or this so called berm that they built along the top of the pit is not containing the water. But the irrigation water is coming into the excavation. I don't think it is deep enough to collect ground water from below, if the adjacent water was contained I don't believe it would have water in the pit. It should not have water in the pit. Maybe part of this and I don't know what the answer is they shouldn't, the adjacent property owners shouldn't be subjected to side ditches that would pick up water coming off their property. I don't know that is a problem for them but obviously the water has in the past come across the property just like it is now. Only now it has an excavation to drain into. When Jim Merkle told me that the pit had been filled to design grades I said well please take come cross sections on it for me and submit those to me so that I can verify that is the case, which he did. It was within a foot of being to the design grade in the cross sections that he took the length of the excavation. Morrow: Let me ask you this Gary, if this subdivision is totally built out and that pond system is there is this problem still there? How do you solve the problem long term then? We have approved all the plans and specs based on the design stuff, are you telling me Meridian City Council May 2, 1995 Page 31 the design doesn't work. Smith: Right, the only way to resolve, I shouldn't say the only way, but to address the issue of water entering the pit would be to intercept it from the side and direct it to the west to Locust Grove into a ditch that would flow to the north and dump into the South Slough which is where the side ditch drainage goes now on Locust Grove. I guess that would be an alternative to solve the problem but that surface water has to be restricted from entering the pit or the excavation in order for the excavation to stay dry whether it is gopher holes or whatever. As far as who takes care of the gophers I don't know, I haven't been involved in the gopher issue so I can't say whose responsibility that is. Kingsford: They can get all the gophers on their property and all those around that pond would be right back. They don't understand boundaries they don't stay home. Moxley: We took Nampa Meridian's suggestions for containing the water and our responsibility and had the ditches dug and built up on our side the dirt and it is not helping at all, but we did go to them and tried to solve the problem ourself first. Morrow: So are you saying Gary that there is nothing in the original design that alludes to bypass ditches to solve the problem of getting the water out of there? Smith: Not that I recall, not from the adjacent properties no. Kingsford: Did I hear you say that Merkle had said that thing was within a foot of the design standard that was approved? Smith: Yes, the elevations that he submitted to me before April 15th deadline showed that it was within a foot of the design grade, the bottom was within a foot of the design grade. I don't know what it had been but you and I could stand in there and you can see out. Kingsford: Have you done a physical check to bear out. Moxley: The kids drive their pick ups in there and all we can see is the running board light on the top and they are throwing beer bottles and they have found a new party area and they are having a pretty good time. Morrow: Within the one foot is that, was this designed to be grassed in the bottom? Within the one foot is that their rough cut and then you top soil it and grass it as a retention pond? Smith: 1 don't recall what kind of surface treatment they proposed to it Walt, its been long Meridian City Council May 2, 1995 Page 32 enough since I looked at I don't remember. The thing, I guess the disturbing part of all of this is that the developer took the dirt out of that subdivision, both the streets and this pit area were excavated. The soil material was transported to the other development to build out berms or whatever he did with it, raise the elevation of the lots, I don't know how he utilized it. That is where all the dirt went. Now, if the approval for the preliminary plat becomes null and void what do we have? Kingsford: A hole in the ground. Smith: Right, we have a hole in the ground and we have a bunch of streets that are dug out. I assume that Howell is still the property owner but I don't know where we are in terms of requiring him to remedy the excavation that he has done particularly this pit area. Because of its continuing safety problem to the adjoining property owners. And other children that are beginning, well that are in homes that are being built and occupied in adjoining subdivisions because it is like Carol said they find these places to play. If they have to cross Locust Grove to get to it they will easily. Morrow: Well, I think from our position right now if it is within a foot of its design grade obviously when it is at design grade which I think you are telling me is still not a major problem in terms of depth. Smith: The water is still going to be there if it is not somehow intercepted on top side. I don't believe it is ground water that will cause the problem, I think it is surface water that enters the excavation. I don't know how it would be intercepted unless there were some sub -surface pipes installed that would intercept it and take it away I don't know. Corrie: Whose responsibility would it be to do that then, ours or theirs? Smith: This was designed as a storm drainage retention pond not an irrigation water retention pond and that is what it has turned into. Kingsford: It was designed to be open all this time, and was that approved by anyone? Smith: The Highway District approved it. Kingsford: We have had no approvals on it? Smith: It is part of the, it is shown on the plat as a retention area for storm drainage, it is shown in the development plans. Kingsford: Usually when we see storm drainage we are talking about a site that is maybe • Meridian City Council May 2, 1995 Page 33 graveled that will retain some water not a lake. • Smith: The street plans submitted to the Highway District and approved by them and this is part of the street plan or part of the street development plan, the retention pond. ACHD has written letter, Mr. Bringegar has been corresponding with them and they have written letters back to him which I have copies in my file telling him that the problem would be resolved. The County Commissioners have called. Kingsford: How does this fit in with the approvals of Chamberlain and this request for extension and that sort of thing? Smith: It was a condition of the Council when you extended the approval that this be taken care of by April 15th of 1995. Morrow: And did bringing it up within a foot of grade constitute taking the necessary corrective action? (Inaudible) Smith: I don't know about the fencing but from my standpoint and I wrote a memo to you folks that they had brought it up to that depth or that elevation and it was a rough grade in their attempt to satisfy the conditions that you had placed on the request for extension. I had required the engineer go out and run some cross (inaudible) and verify to me that the elevations of the pond were within limits of being where they were supposed to be. I did not expect that the pond would be brought to finished grade at this time because it is not a finished grade project right now. None of that subdivision is, everything is rough graded excavated. It would be finished when the street system was installed. Morrow: That was as per your letter on April 13, 1995 is that correct? Smith: Correct, but the surface water entering the pit had always been one of the problems and that was one thing that I discussed with Jim Merkle was the surface water needs to be restricted from entering that pit area. His answer to that was the berm, there was a berm constructed across the top of the excavation. Which doesn't seem to be of any value to the problem. Morrow: Well, also at the time and I have to throw this out that at the time the thing was a small berm along the top edge to help prevent surface water from entering the pond at that point in time as of the date of this letter there hadn't been any irrigation water out there to even test to find out if it was going to work. • Meridian City Council May 2, 1995 Page 34 • Smith: That is right. Perhaps one of the things that needs to be addressed by the engineer for the project is what can be done to restrict the surface water from entering this thing. If you can't keep the surface water out of it than it is no longer a storm drainage retention pond and that is the reason that it was designed and built is a storm drainage retention pond. It is not an irrigation retention pond it becomes a public hazard if that is what it is going to be. So whether the plans have been approved by the Highway District or not it is a problem that needs to be addressed by the design engineer and it needs to be taken care of to keep that water out of that pit. Or the pit is filled in. Kingsford: And also the fencing, I think is critical. But even, I can't imagine the Highway District approving something like that. The mosquito problem if nothing else is going to be horrendous. Stiles: Mr. Mayor and Council the last conversation I had with Ada County Highway District was they weren't too concerned about it because it was the homeowners responsibility. They aren't taking any responsibility for it. Kingsford: Well, bless them. Morrow: Mr. Mayor, in Fuller Park the retention pond for Parkside Creek at the west end of Fuller Park is not to dissimilar in size to this retention pond in terms of dimensions. It is not as long but it is certainly a little bit wider the issue there is that ultimately the bottom get grassed and that is the way it is and that is the design data for Parkside Creek Subdivision. Kingsford: Is that the one on the Western Ada Recreation property? Morrow: That is correct Kingsford: That is part of, the park system is a little different than having to be part of a subdivision area. Morrow: Well, the point that I was answering your question was in terms of size. You were requesting the size it was over there I don't know what data they used to get to 50 by 390 but what 1 am suggesting to you is the one for Parkside Creek over by Fuller Park is not too dissimilar in square footage to this one. Kingsford: It is almost a water ski lake. Morrow: Very close, you could do some bank skiing with a Volkswagen and a single. So I guess the question here is where does the responsibility for the irrigation water ultimately 0 • Meridian City Council May 2, 1995 Page 35 lie, if your property and you are not. using your irrigation water, that irrigation water comes from adjoining properties is it the responsibility of you to cure the problem is what I am asking Gary? Smith: If the water is coming from your property are you responsible for that water? Morrow: If the property is coming for the adjoining properties, obviously this subdivision is not irrigating. The water that is filling this pond is coming from neighboring properties. And so the issue is or the question is from me to you is whose responsibility is it to keep the water out of the pond? Kingsford: Let's think Wait legally that pond has caused a problem with water going across property which is a violation of state code. Am I wrong Counselor? Crookston: No Morrow: But it would go across in ditch or pipe it wouldn't flood all the way across one person's parcel to another person's parcel and then continue on in terms of corrugates and those kinds of things to irrigate. Kingsford: If it weren't' for that pond it would go into a waste ditch that I believe I heard you indicate you have that would go further then into a drain ditch which has been the disposition of that water historically. Now that the hole is there it has interrupted that historic flow. Logically somebody down stream under the rejudication program probably has rights to that waste water that is being retained at the pond. Morrow: If somebody has filed on it that is absolutely correct they would have. Kingsford: So it goes back to what Gary said a minute it isn't the water retention it is a water collection pond or an irrigation collection pond which violates state code. Morrow: Did you go to the University of Idaho also for a time being? Kingsford: I think I have been around them too much. Corrie: It sounds to me like they (inaudible) the thing is what can we do to make them do that? Do we say don't do anything until you do that now and get it done? Kingsford: I think what we do is go back to where we were and we put them on notice that their remedy that they promised us by April 15th is not satisfactory. Meridian City Council May 2, 1995 Page 36 Corrie: So therefore we will do what? Kingsford: I think then it isn't our problem it is a violation of state code, I don't know whether we deal with it, whether the property owners have to deal with it or what. I don't think we are going to approve anything related to that until that is remedied. Morrow: Well now wait a minute, the thing of it is where we are ended up here is with a Spanish stand off. Because the deal is here is to get the water out of the pond and get rid of the hazard. Kingsford: But the developer has no interest in doing because that is his collection system which we are saying doesn't work. Morrow: This is a no win deal. I can see both sides of the issue. If we are going to get rid of the water we have to make some sort of motion that gets rid of the water in some sort of time frame with a consequence that happens if it is not done. Kingsford: And I think our consequences are A) that if they don't see some immediate action that we do away with the extension of the plat and B) if that is not followed up in a certain time that de -annexation proceedings go. And that is the only handle that I think we have. We didn't approve the pond in the first place that is the Highway District. Morrow: Alright Mr. Mayor I would move that we notify the developer Mr. Howell that he has the same 48 hours to proceed action to solve or remedy the problem of the life threatening water depth in the pond issue and if progress is not made within that 48 hour period than we as a City do not extend approval of the preliminary plat and we begin de - annexation process within 30 days. Corrie: Second Kingsford: Moved by Walt second by Bob to notify the developer Mr. Kevin Howell that he has 48 hours, he is put on notice that he has 48 hours to begin remedying the life threatening depth of the pond, if that is not done the continuation of the plat will be discontinued and he will have 30 days until we start de -annexation proceedings, correct? Morrow: Correct. Kingsford: Now with regard to notification, 48 hours from notification, you are going to have Will submit that letter by police courier? What is your intent? Morrow: That would be my pleasure, the notification in terms of the 48 hours would start • Meridian City Council May 2, 1995 Page 37 immediately. Kingsford: We can't have it start until they have it. 11 Morrow: I understand that, but we start delivering the notification immediately. And if that is by police courier than so be it. We satisfy Wayne's problems with respect to notification for de -annexation and fair hearings within the 30 day period. Kingsford: Counselor? Crookston: Can we change the motion to reflect that to give Mr. Howell the authorized legal notice? Morrow: Yes Kingsford: Which is certified mailing? Crookston: I mean the time requirements. I am not sure but I would imagine it is at least 5 days. Kingsford: Well you didn't say that before with Mr. Turnbull out here. Crookston: Mr. Turnbull was here. Morrow: So you are saying the 48 hour thing becomes 5 days even if it is done by police courier? Crookston: It doesn't matter how he receives it, it is so much time after he receives it. Kingsford: And you are saying that notice stipulates the 5 days. Stiles: My only comment is rather than the life threatening depth, can't there be something about to quit taking the water from adjacent flood irrigation, that is one of the main problems. I mean life threatening what is that? Morrow: Life threatening is immediate, my intent here is sure you can (inaudible) waste ditch maybe and solve the problem with water going into it but the water is not going to evaporate past the 4 foot depth level at the current temperatures for 3 or 4 weeks. So you really haven't gotten rid of the immediate threat in my opinion. Stiles: But if no one could get out of it even it was half a foot deep what difference does 0 Meridian City Council May 2, 1995 Page 38 it make? If somebody is in there and can't get out. 11 Morrow: It has tapered ends. If you could drive a pick up in it you can walk out of it. Kingsford: I don't think you can drive a pick up in in all the way around. Stiles: That is not going to do anything about the gopher holes which is making the water go directly in there at a very rapid rate. Morrow: Well quite candidly if we are going to get that involved with it I can see some real legal issues and keep the thing tied up for umpteen weeks and months. My intent here is to get the thing moving and get is solved. I think you have a real issue as an irrigator if I have somebody's water going across my place due to gopher holes I mean there are some instant clashes right away. I can see where that is fertile ground for the legal folks in the judicial system and doesn't get our problem solved. What I am after here is if it takes 5 days that seems like unreasonable notice to me but if we have to do that I guess we have to do it. Kingsford: Amend the motion to 5 days? Morrow: I would appreciate the motion to state that do it allow the notice that is required by law, it may be 5 days, it may be 3, it may be 10. Corrie: In other words you want it legal? Crookston: Right Morrow: That doesn't make it right. Crookston: I am not here to argue that but I am not a legislator. Morrow: Mr. Mayor I would amend my motion to delete 48 hours notice and replace that with the legal notice requirements. Corrie: Second Kingsford: Okay, the aforementioned motion has been amended to delete the 48 hour requirement and to include then the legal requirement, whatever that may be, by Walt and second by Bob, all those in favor? Opposed? MOTION CARRIED: All Yea Meridian City Council May 2, 1995 Page 39 Kingsford: Who is going to write that notice Counselor? Morrow: He is now. Crookston: Do we have an address for Mr. Howell? Kingsford: 1 am sure we do. Mr. Smith? Smith: Nothing Kingsford: Chief? Gordon: Nothing Kingsford: Counselor? Crookston: Nothing Kingsford: Walter? Morrow: Yes, a couple of things. I think it is appropriate, it is my understanding that Mr. T. is at a funeral of a relative I think it is appropriate the City send him a sympathy card as with Mr. Corrie. The second issue is that in my conversations with Mr. Alidjani 1 am convinced that it is in the City's and the taxpayer's best interest to start whatever proceedings are necessary to force either condemnation or some securing of the old school building and that we proceed with notice in the legal requirements of notifying both Mr. Alidjani and Mrs. Alidjani. My position prior this was that we ought to wait until they resolve their differences and I am convinced that those differences are going be resolved any time soon. I think the threat to the City and the surrounding neighbors and we ought to press forward. I bring that to the table for discussion by you and the rest of the Council. Kingsford: I would certainly agree with you and entertain that for a motion that we have the attorney press forward with whatever we can do in the way of condemnation or securing that. Morrow: Any comments? Crookston: Well, when you are talking about condemnation you are talking about condemning it are you not as a safety hazard? Morrow: Yes 0 May 18, 1995 Mayor Grant Kingsford City of Meridian 33 E. Idaho Meridian, ID 83642 RE: Chamberlain Estates Drainage Pond Dear Mayor Kingsford: ECEI EO MAY 191995 CITY Oh M LKJVW After our meeting with you on May 17, 1995, I met with Jim Merkle and Rich Tomlinson from Hubble Engineering at the site to decide the course of action to resolve the city's concerns about the existing pond. The pond will be reshaped and the bottom filled to an elevation such that the pond will drain to the east to the seepage trench which was in the original design. The new elevation of the bottom at the east end will be 2.00 and the elevation of the bottom at the west end will be 3.00 (the original design was for the bottom to be 3.00). The areas along the north and the south property line fences will be bermed and widened to allow more protection from the adjacent irrigating operations. This will result in the pond being longer than the design plan, but will still have the capacity required for the future subdivision. Also, the subsurface trench at the east end as shown on the design plan will be installed to allow water in the pond to percolate in a sufficient time to eliminate any hazard. Once the sides and bottom are regraded, they will be seeded to help with stabilization of the ground. We believe this solution should adequately eliminate any potential concern the City may have. We talked with the neighbor to the north and the indicated they would be finished irrigation on May 17, 1995 and not irrigate again until May 27, 1995. Since there was very little water in the pond now, this should give adequate time to dry and to complete the work as described above. Please feel free to call if you have any questions. Sincerely, Kevin Howell KH/vw/2346.ltr cc: Hubble Engineering, Inc. • AMBROSE, FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS AT LAW GRANT L. AMBROSE (1915.1%8) JOHN O. FLIZGERALD, P.A. 1530 WEST STATE - P.O. BOX 427 WAYNE G. CROOKSTON, JR, PA. WILLIAM J. SCHWARTZ JOHN O. FITZGERALD 11., P.A. MERIDIAN, IDAHO 83680 PETER W. WARE, JR. THIS FIRM INCLUDES PROFESSIONAL CORPORATIONS Mr. and Mrs. 3451 E. 52nd Boise, Idaho May 3, 1995 Kevin A. Howell 83703 Re: CHAMBERLAIN ESTATES SUBDIVISION Dear Mr. and Mrs. Howell: TELEPHONE (208) 888.1411 FACSIMILE (208) 8884969 DECEIVED MAY - 4 1995 CITY OF MERIDIAN I am writing this letter to you as the Meridian City Attorney. At the City Council meeting held on May 2, 1995, the Council heard complaints about the water drainage pit that is on your property which you are developing as CHAMBERLAIN ESTATES SUBDIVISION and the drainage that crosses into and over your subdivision. The Council also received information from the Planning and Zoning Administrator and the City Engineer. City Councilman, Walt Morrow, inspected the land and the pit in the morning of May 3, 1995. Mr. Morrow's observations and views were related on to Councilmen Yerrington and Corrie and to Mayor Kingsford. Councilman Tolsma was not at the meeting. Councilman Morrow did indicate to me that he had had a discussion with you on May 2, 1995, prior to the meeting but that he did not have a feel for the land or the drainage pit. In Councilman Morrow's opinion, after viewing the pit and after speaking with you, the problems did not appear at the time of his view to be as drastic as portrayed at the meeting. However, it was, and is still, the opinion of the Mayor and City Council that something needs to be immediately done to stop or prevent the pit from being a nuisance and safety problem. Would you please contact the City Clerk, William G. Berg, Jr., so that he can schedule a meeting between you, Councilman Morrow, Gary Smith, City Engineer, Shari Stiles, Planning and Zoning Administrator, possibly Mayor Kingsford, myself, and any other Councilmen that desire to be at the meeting. Mr. and Mrs. Kevin A. Howell, April 3, 1995 Page 2 This meeting needs to held prior to the next Council meeting on the 16th of May, 1995, so you should contact the City Clerk within two (2) days of receipt of this letter so that he can schedule the meeting as soon as possible. If you have any questions please contact me at the telephone number listed in this letter, Very Truly Yours, WAYN G. CROOKSTON JR. Meridian City Attorney WGC/tj Meridian City Council December 6, 1994 Page 67 Kingsford: Moved by Walt, second by Bob to enter into a late comers agreement with Nelson/McAlvain late comers agreement for water line extension, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #30: GULL PEST CONTROL: REQUEST A 6 MONTH EXTENSION OF TEMPORARY SALES TRAILER AT 1720 FRANKLIN ROAD: Gull: I am Scott Gull, 1720 Franklin Road is our office location. Mr. Mayor and Councilmen I want to thank you for allowing us to have our temporary status on our mobile home office. We would like to extend that for an additional 6 months if we could. Kingsford: Any questions of the Council. You can go by and see the progress being made. Morrow. I have no problem. Corrie: I just make the comment that he really has a nice area there and I agree. Kingsford: Entertain a motion to extend that 6 months. Morrow. So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to have the mobile office for Gull Pest Control for another 6 months, all those in favor? Opposed? . MOTION CARRIED: All Yea ITEM #31: KEVIN HOWELL CONSTRUCTION: REQUEST FOR ONE YEAR EXTENSION FOR CHAMBERLAIN ESTATES SUBDIVISION: Merkle: Mr. Mayor, members of the Council I am Jim Merkle from Hubble Engineering on behalf of Kevin Howell the applicant. Chamberlain Estates is a 27 acre single family subdivision on the east side of Locust Grove. His original intention was to develop the, to get started on the project this past year but due to market and the (inaudible) on the final plat he is finishing his second phase of Howell Plat this Spring and probably won't start the first part of this until Fall of this year. So we do need a one year extension of the final plat. All the engineering plans have been done, the sewer and water plans have been approved by the City, approved the State, the plat is being processed through the health department Meridian City Council December 6, 1994 Page 68 and the highway district. He has just not started with the construction phase due to the slow down in the market. He is requesting a one year extension on the time period it takes to record a final plat. Corrie: I don't have a problem with that. Smith: Mr. Mayor, members of the Council, one thing that and I think that Mr. Howell has directed Jim Merkle to write a letter which Jim did and I received a copy of it by fax today. We have had a problem out there with the, we lovingly refer to it as the pit between, it is a long narrow finger like piece of ground that connects Chamberlain properties with Locust Grove Road and was originally the access to the first piece of property that makes up Chamberlain Estates Subdivision. And throughout last summer this pit was continually full of water and we received numerous phone calls from the adjacent property owners, from Commissioner Bisterfeldt of Ada County who was called several times by one of the property owners. We were in contact with Mr. Howell and Mr. Howell made some attempts to eliminate the problem. But as of the end of the irrigation season it was still there. The letter that Jim wrote to me and was faxed to me today says that they will be constructing that pond which is a retention pond in accordance with the approved plans. And that the sand and grease traps and the storm drain pipes and trenches will be constructed with the street improvements at a later date. They are saying that the construction of the pond should alleviate any potential irrigation run off problems from the adjacent fields. We were in contact with Mr. Howell and requested that this letter be sent to us as an indication that they will take care of the problem, but I guess all 1 can say is that we have, it has been addressed by the developer. And it was a concern through the last irrigation season. Kingsford: I guess the request for extension ought to be predicated on that being remedied. Morrow. I think my, if I were to make a motion at this point is, my motion would be that we grant an extension until April 15th and conditioned on at such time if that improvement is not in then the extension is over with. If the improvement is in then it presses on for the remainder of the 1 year calendar date. Merkle: Weather permitting. Morrow. Irrigation comes in April 15th. Merkle: You are right, the letter we sent to the City said by the end of January it would be graded weather permitting. If there is a foot of snow you can't grade. There is no problem now, the problem doesn't come until the water does. And 1 do understand your point. Meridian City Council December 6, 1994 Page 69 Morrow. What I would be after is that the extension is good until April 15th, if the improvement is in it is good until whatever a year from today's date is, December 6th, 1995. Yerrington: Second Kingsford: My recollection of what you meant was from your statement if I were to make a motion and apparently you did because Max seconded it. The extension be granted until April 15th conditioned upon the gravel pit issue being remedied and if it not it is dropped if it is then it is extended for the calendar year which would be December 6th 1995; all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #32: PROCLAMATION: A TIME OF DRUNK AND DRUGGED DRIVER PREVENTION: Kingsford: Whereas, drivers and pedestrians impaired by alcohol and other drugs account for nearly 17,500 national highway deaths annually; and Whereas, 85 fatalities and 1,508 injuries resulted from alcohol -involved crashes in Idaho during 1993; and Whereas, motor vehicle crashes are the number one cause of deaths for children, adolescents and young adults in the United States; and Whereas, injury and property damage resulting from alcohol and drug -impaired driving accidents cause physical, emotional, and economic hardship for hundreds of thousands of adults and young people; and Whereas, health care costs resulting from motor vehicle injuries cost American society over $14 billion a year; and $35,000 in health care costs alone can be saved for each serious injury prevented; and Whereas, comprehensive community-based programs to further reduce and prevent impaired driving tragedies through education are known to help the cause; and Whereas, if we take a stand now, we can prevent impaired driving and save lives; Now, therefore, I Grant Kingsford, Mayor of Meridian do hereby proclaim December 1994 as A time of Drunk and Drugged Driver Prevention in Meridian and I urge all citizens to support the these "the responsibility is yours - choose a sober driver" to become aware of the problem of driving under the influence and the importance of education, legislation and enforcement to help prevent drunk and drugged drivers. I proclaim this Friday, December 16, 1994 as National Lights on for Life Day and encourage all drivers of publicly and privately owned commercial and non-commercial vehicles to drive with their head lights on throughout the day to call attention to the importance of measure to prevent drunk and drugged driving and in memory of victims of this crime. ITEM #33: DEVELOPMENT AGREEMENT FOR CANVEST (VAN AUKER): Meridian City Council December 21, 1993 Page 7 Corrie: From where to where? Crookston: It doesn't say from where to where. Corrie: So, once again. Kingsford: Well, Gary if I'm not mistaken you said that Ada County Planning uses an intersection and the Boise Fire department uses a cross street is that true of Boise City Planners? Smith: I talked to Boise City Planners and they told me to call Boise City Fire Department. The APA uses intersecting streets when street names change and the Fire department uses the point from which 2 of access no longer exists for the last point the 2 way s of access. I don't know if there is definition of culdesac in our Ordinance or not. Wayne do you recall if there is a City definition of culdesac? Crookston; I don't. Smith: I'll run in my office and pull that Ordinance if you'd like. Kingsford: I'm reasonably confident that it is not spelled out in there. Well, I think the whole intent is its something that doesn't create a life safety issue and I think when you are talking about a straight street and an intersection you can back up to its under 400 feet, 450 feet you are safe. We certainly had some in town prior to this Ordinance that were longer than that. Corrie: Mr. Mayor, to get this thing off the dead center, I move we accept the final plat, preliminary excuse me of Hunts Bluff No. 2 as presented. Giesler: Second Kingsford: Moved by Bob Corrie, second by Bob Giesler to approve the preliminary plat of Hunts Bluff Subdivision No. 2, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: FINAL PLAT: CHAMBERLAIN ESTATES SUBDIVISION BY KEVIN HOWELL AND BRIGGS ENGINEERING: Kingsford: Any questions that Council has questions on that issue? Corrie: Mr. Mayor, I have a question I guess for Wayne, your Meridian City Council December 21, 1993 Page 8 letter, you're requesting if I'm not mistaking a delay in approval based upon the development agreement, is that? Forrey: Mr. Mayor, Councilman Corrie, in my comments to the City Council when I reviewed this project my comment dated the 17th of December I ask for your consideration to delay this to some future Council Meeting to allow the developer additional time to get the development agreement in a draft and submit it to the City. That was one of the conditions you placed on the approval of this project and then I hope,you got a copy of a letter today from Jim Mercle, who is here tonight, asking that the Council approve the Final Plat subject to this development agreement being negotiated and authorized by the Council prior to the Final Plat signature by the City Engineer. We have used that procedure on several other Final Plats, and he also mentioned in his letter that they are now in the process of developing that draft of the development agreement, is that right Jim? So I think.it is moving in the right direction. Kingsford: Are there any other questions? Jim, you have reviewed those comments from the Fire Chief? Mercle: Yes, and Gary's also. Kingsford: Any problem with those. Mercle: No, we can address those. Corrie: Mr. Mayor, how about the irrigation letters, is there any comment, have you seen those or have any problem? Mercle: No Corrie: Mr. Mayor, I move that we accept the Final Plat of Chamberlain Estates Subdivision with the approval of the comments made by Wayne Forrey and also Gary Smith be met before the plat is signed. Kingsford: Would you add to that the acceptance of the Development Agreement? Corrie: And acceptance of the development agreement, thank you Mr. Mayor. Kingsford: Is there a second? Yerrington: Second Meridian City Council December 21, 1993 Page 9 Kingsford: Moved by Bob Corrie, second by Max to approve the final plat for Chamberlain Estates Subdivision conditioned upon meeting the recommendations of the City Engineer, Mr. Forrey our planner as well as to have a satisfactory development agreement signed by the City, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: FINAL PLAT: THE VINEYARDS SUBDIVISION NO. 5 BY MAX BOESIGER AND BRIGGS ENGINEERING: Corrie: Is Max here? Kingsford: Becky Bowcut is here to represent Max, would you like to come up and answer Mr. Corrie's question? Bowcut: Becky Bowcut from Briggs Engineering, 1111 South Orchard, Corrie: Becky, I had one question, the Settlers Irrigation District sent a letter that if you need a copy of that, Bowcut: Yes, I believe I do. Corrie: That was December 15 Bowcut: yes, and we have been working wit Settlers for the piping of that ditch. Corrie: And there was one other comment by the Planning Director, not being required, he asked about a 10 foot easement? Bowcut: Yes, I did notice that, and I did have some concerns about running that along the Nine Mile creek, I can understand the reasoning trying to create a shortcut out to Linder, but I'm not sure that is an appropriate location. You could have some safety hazards promoting children walking along a ditch bank and we would also have to get some type of approval from Nampa/Meridian and Bureau of reclamation for this type of use, so I question that I have some problems. Corrie: Wayne, I'm sorry Mr. Mayor, Wayne would like to say something. Kingsford: Mr. Forrey Forrey: Thank you Mayor, Councilman Corrie, Becky we received a letter from the Bureau of Reclamation about, I'm guessing a month and a half ago and in their planning they included the Nine Mile MEMORANDUM April 13, 1995 TO: MAYOR & COUN IL FROM: Gary Smith, PE , RE: CHAMBERLAIN E ATES SUBD. COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman - Planning & Zoning Jim Merkle advises me, and my field inspector verifies, that the developers contractor has graded the drainage retention basin for this subdivision to a general configuration of that shown on the development plans. The developers engineer has taken some elevations in the field to compare with the design depth of basin. The design depth of pond was shown to be 3.1 feet. The existing depth of pond is approximately 4 feet and they have constructed a small berm along the top edge to help prevent surface water from entering the pond. The approximate 1 foot difference in pond depth will be eliminated with final grading when the collection box and some piping is installed with the other subdivision improvements. The above information is presented to you to verify the efforts made by this developer to conform with an April 15, 1995 deadline condition of your previous approval for extension of the preliminary plat approval of this subdivision. • HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer l ITY OF MERIDIAN CITY �"/// GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM April 13, 1995 TO: MAYOR & COUN IL FROM: Gary Smith, PE , RE: CHAMBERLAIN E ATES SUBD. COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman - Planning & Zoning Jim Merkle advises me, and my field inspector verifies, that the developers contractor has graded the drainage retention basin for this subdivision to a general configuration of that shown on the development plans. The developers engineer has taken some elevations in the field to compare with the design depth of basin. The design depth of pond was shown to be 3.1 feet. The existing depth of pond is approximately 4 feet and they have constructed a small berm along the top edge to help prevent surface water from entering the pond. The approximate 1 foot difference in pond depth will be eliminated with final grading when the collection box and some piping is installed with the other subdivision improvements. The above information is presented to you to verify the efforts made by this developer to conform with an April 15, 1995 deadline condition of your previous approval for extension of the preliminary plat approval of this subdivision. Meridian City Council December 6, 1994 Page 67 Av,& `i aJ ih J,aec elb-n ew— c- ,6-� a e6 -,- Kingsford: Moved by Walt, second by Bob to enter into a late comers agreement with Nelson/McAlvain late comers agreement for water line extension, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #30: GULL PEST CONTROL: REQUEST A 6 MONTH EXTENSION OF TEMPORARY SALES TRAILER AT 1720 FRANKLIN ROAD: Gull: I am Scott Gull, 1720 Franklin Road is our office location. Mr. Mayor and Councilmen I want to thank you for allowing us to have our temporary status on our mobile home office. We would like to extend that for an additional 6 months if we could. Kingsford: Any questions of the Council. You can go by and see the progress being made. Morrow. I have no problem. Corrie: I just make the comment that he really has a nice area there and I agree. Kingsford: Entertain a motion to extend that 6 months. Morrow. So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to have the mobile office for Gull Pest Control for another 6 months, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #31: KEVIN HOWELL CONSTRUCTION: REQUEST FOR ONE YEAR EXTENSION FOR CHAMBERLAIN ESTATES SUBDIVISION: Merkle: Mr. Mayor, members of the Council I am Jim Merkle from Hubble Engineering on behalf of Kevin Howell the applicant. Chamberlain Estates is a 27 acre single family subdivision on the east side of Locust Grove. His original intention was to develop the, to get started on the project this past year but due to market and the (inaudible) on the final plat he is finishing his second phase of Howell Plat this Spring and probably won't start the first part of this until Fall of this year. So we do need a one year extension of the final plat. All the engineering plans have been done, the sewer and water plans have been approved by the City, approved the State, the plat is being processed through the health department • 1• Meridian City Council December 6, 1994 Page 68 and the highway district. He has just not started with the construction phase due to the slow down in the market. He is requesting a one year extension on the time period it takes to record a final plat. Corrie: I don't have a problem with that. Smith: Mr. Mayor, members of the Council, one thing that and I think that Mr. Howell has directed Jim Merkle to write a letter which Jim did and I received a copy of it by fax today. We have had a problem out there with the, we lovingly refer to it as the pit between, it is a long narrow finger like piece of ground that connects Chamberlain properties with Locust Grove Road and was originally the access to the first piece of property that makes up Chamberlain Estates Subdivision. And throughout last summer this pit was continually full of water and we received numerous phone calls from the adjacent property owners, from Commissioner Bisterfeldt of Ada County who was called several times by one of the property owners. We were in contact with Mr. Howell and Mr. Howell made some attempts to eliminate the problem. But as of the end of the irrigation season it was still there. The letter that Jim wrote to me and was faxed to me today says that they will be constructing that pond which is a retention pond in accordance with the approved plans. And that the sand and grease traps and the storm drain pipes and trenches will be constructed with the street improvements at a later date. They are saying that the construction of the pond should alleviate any potential irrigation run off problems from the adjacent fields. We were in contact with Mr. Howell and requested that this letter be sent to us as an indication that they will take care of the problem, but I guess all I can say is that we have, it has been addressed by the developer. And it was a concern through the last irrigation season. Kingsford: I guess the request for extension ought to be predicated on that being remedied. Morrow. I think my, if I were to make a motion at this point is, my motion would be that we grant an extension until April 15th and conditioned on at such time if that improvement is not in then the extension is over with. If the improvement is in then it presses on for the remainder of the 1 year calendar date. Merkle: Weather permitting. Morrow. Irrigation comes in April 15th. Merkle: You are right, the letter we sent to the City said by the end of January it would be graded weather permitting. If there is a foot of snow you can't grade. There is no problem now, the problem doesn't come until the water does. And I do understand your point. Meridian City Council December 6, 1994 Page 69 Morrow. What I would be after is that the extension is good until April 15th, if the improvement is in it is good until whatever a year from today's date is, December 6th, 1995. Yerrington: Second Kingsford: My recollection of what you meant was from your statement if I were to make a motion and apparently you did because Max seconded it. The extension be granted until April 15th conditioned upon the gravel pit issue being remedied and if it not it is dropped if it is then it is extended for the calendar year which would be December 6th 1995; all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #32: PROCLAMATION: A TIME OF DRUNK AND DRUGGED DRIVER PREVENTION: Kingsford: Whereas, drivers and pedestrians impaired by alcohol and other drugs account for nearly 17,500 national highway deaths annually; and Whereas, 85 fatalities and 1,508 injuries resulted from alcohol -involved crashes in Idaho during 1993; and Whereas, motor vehicle crashes are the number one cause of deaths for children, adolescents and young adults in the United States; and Whereas, injury and property damage resulting from alcohol and drug -impaired driving accidents cause physical, emotional, and economic hardship for hundreds of thousands of adults and young people; and Whereas, health care costs resulting from motor vehicle injuries cost American society over $14 billion a year; and $35,000 in health care costs alone can be saved for each serious injury prevented; and Whereas, comprehensive community-based programs to further reduce and prevent impaired driving tragedies through education are known to help the cause; and Whereas, if we take a stand now, we can prevent impaired driving and save lives; Now, therefore, I Grant Kingsford, Mayor of Meridian do hereby proclaim December 1994 as A time of Drunk and Drugged Driver Prevention in Meridian and I urge all citizens to support the these "the responsibility is yours - choose a sober driver" to become aware of the problem of driving under the influence and the importance of education, legislation and enforcement to help prevent drunk and drugged drivers. I proclaim this Friday, December 16, 1994 as National Lights on for Life Day and encourage all drivers of publicly and privately owned commercial and non-commercial vehicles to drive with their head lights on throughout the day to call attention to the importance of measure to prevent drunk and drugged driving and in memory of victims of this crime. ITEM #33: DEVELOPMENT AGREEMENT FOR CANVEST (VAN AUKER): • 0 HUBBLE ENGINEERING, INC. y 9550 Bethel Court ■ Boise, Idaho 83709 2081322$992 • Fax 2081375.0329 March 16, 1995 PN 93-053 RECEIVED Mr. Gars' smith, P.E. MAR 1 7 1995 City of Meridian Public Works Department MERIDIAN 33 E. Idaho CITY ENGREER Meridian, ID 83642 RE: CHAMBERLAIN ESTATES SUBDIVISION DRAINAGE POND Dear Gary: The rough grading of the stormwater pond at Chamberlain Estates Subdivision has been completed. Richard Tomlinson has been to inspect the work. The pond has been rough graded in accordance with the approved plans and the top banks of the pond have been bermed up so as not to allow any irrigation runoff from adjacent lots into the pond. As you know, this was to be completed prior to April 15, to allow the extension of the Chamberlain final plat. Please forward this information to the City Council so as not to affect our plat exterior. If you have any question regarding this matter, please call Richard Tomlinson or me. Sincerely, e' - James C. Merkle, P.E. JCM/vw/lts.2271 m lwe4j — 3//7/9.53//7/9.5 ** TOTAL PAGE.001 ** E. E. BRINEGAR 1639 OONANr AVENUE BURLEY, IDAHO 83318 July 14, 1994 Ada County Highway District 318 East 37th Street Boise, Idaho 83714 Dear Sir: RECEiva J U L 15 1994 CITY OF MERIDIAN I am writing you regarding my concern for a large pit which was dug next to property I own at 2740 North Locust Grove in Meridian. This has been left open, water stands 3'-4' deep. There is no drain from it, mosquitoes gather, the water is stale, the weeds are over -grown and the hole is not fenced from North Locust Grove Road. I'm concerned my grandchildren could also get in this pit or a car could drive right into it from Locust Grove Road. This appears to be a drain for a new subdivision that is to be built. I do not believe I was ever notified that this hole was going to be there. Please advise what measures should be done to correct this matter. Sincerely, E.E. Brinegar EE p c: Will Berg, City Clerk of Meridian OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor August 15, 1994 Kevin and Irene Howell 3451 E. 52nd Boise, ID 83703 "Courtesy Notice of Awareness" RE: Chamberlain Estates Subdivision Dear Mr. & Mrs. Howell, COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman - Planning 8 Zoning It has been brought to our attention that the property listed above is in violation of Ordinance #623 of the City of Meridian. As the owner of this property, you are responsible for complying with the enclosed ordinance involving weeds and waste matters. Please remedy this situation as soon as possible. If there is any problem concerning this, please contact our office. Your cooperation is greatly appreciated. Sincerely, ,,Z�4-L7& z�-, ), - �17 William G. Berg, Jr. City Clerk 2 May 1994 0 0 RECEIVED James C. Merkle, P.E. Hubble Engineering, Inc. 9550 West Bethel Court Boise, ID 83709 MAY - 4 1994 CITY OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Chamberlain Estates Subdivision - Pressure Urban Irrigation System Dear Mr. Merkle: Enclosed I have provided a copy of our developer packet that Nampa & Meridian Irrigation District issues to developers and their representatives such as you. The developer packet includes items such as a Land Use Change Application and basic information concerning pressure urban irrigation systems. I previously wrote you on the 9th of December 1993 concerning the above -referenced subdivision as it relates to land use change and urban irrigation systems. According to recent information it appears that you have made significant progress in the development of your subdivision including the design for pressure urban irrigation. As you work with Mr. John Anderson, the District's Water Superintendent, on the physical engineering and installation aspects of the urban system, I would remind you also that it is imperative that a contract be completed between the Irrigation District and the developer to aid in the securing of the transfer of the ownership, operation and maintenance from the developer to the Irrigation District once the system is installed according to District specification. Page 1 of 2 APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 2 May 1994 James C. Merkle Page 2 of 2 A sample contract is contained within the developer packet and I would encourage you to, at the earliest possible opportunity, to advise your developer and/or the developer's legal counsel to contact the District's Attorney, Steve Mahaffy, at the law firm of Ringert Clark Chartered, for discussions concerning only that related to the urban irrigation systems contract. Completing the necessary contractual relationship between the District and the developer early on allows for a more effective transfer to the District later on. Should you have any questions concerning this topic, please feel free to call on me at the District's office telephone number listed above. Sincerely, Daren R. Coon, Secretary/Treasurer DRC/dnm cc: File Each Director Water Superintendent Attorney - Mahaffy Kevin A. Howell City of Meridian enc. URV is • HUBBLE ENGINEERING, INC. 9550 Bethel Court ■ Boise, Idaho 83709 208/322-8992 ■ Fax 208/378-0329 April 28, 1994 PN: 9305300 RECEIVED Ia WA & M flM MOTO OSTUT Mr. John Anderson Z MAY 1994 AM PM Nampa Meridian Irrigation District TA11101 141 1111;141 fit 1503 18t Street South Nampa, Idaho 83651 RE: Pressure Irrigation for Chamberlain Estates Subdivision Dear Mr. Anderson, We are completing our design for the pressure irrigation system for Chamberlain Estates Subdivision and Chamberlain Estates No. 2 Subdivision (East side of Locust Grove, 1/4 mile South of Ustick). The attached vicinity map is included for your convenience in locating the property. We currently have sources of irrigation water at two points on the property. These are shown on the attached vicinity map. Please provide a letter stating the amount of water available to the property and also indicate that we can be assured of a constant flow for residential irrigation purposes. Please feel free to call if you have any questions. Sincerely,. ('Ja2es C. Merkle, P.E. Enclosure cc: Ray Patel JCM/mf/1050.LTR E vro 39awpowV -N • e � e � • � • I I e 1 aJ • � e i � i a M I N N N N N a � N _ T '�a N3i�Moav n N cr C n A n N vro 39awpowV -N • e � e � • � • I I e 1 aJ • � e i � i a M I • c�rc JAMES E. BRUCE, President GLENN J. RHODES, Vice President SHERRY R. HUBER, Secretary TO: Kevin A Howell 3451 E. 52nd Street Boise ID 83703 FROM: Larry Sale,r Development S v, RECEIVED D E C 3 0 1993 CITY OF AfiiERIDIAN December 27, 1993 SUBJECT: CHAMBERLAIN ESTATES SUBDIVISION - PRELIMINARY PLAT On December 22, 1993, the Commissioners of the Ada County Highway District (hereafter called "District") approved the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of- way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute an Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. C. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 December 27, 1993 Page 2 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority together with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Rights -of -Way Trust Fund deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one year will be considered by the Commission if requested within 15 -days prior to the expiration date. Please contact me at 345-7680, should you have any questions. LS cc: Development Services Chron Hubble Engineering Meridian City Hall • circ JAMES E. BRUCE, President GLENN J. RHODES, Vice President SHERRY R. HUBER, Secretary TO: ACRD Commission ANTER -DEPARTMENT CORRESPONDENCE CN.AMERES/DSTECH 12-22-9.3 DATE: December 20, 1993 FROM: Development Services SUBJECT: PRELIMINARY PLAT - CHAMBERLAIN ESTATES SUBDIVISION Revised Layout (Developer - Kevin A. Howell, 3451 E. 52nd St., Boise, ID 83703) (Engineer - Hubble Engineering, Inc., 9550 Bethel Ct., Boise, 1D 83709) FACTS & FINDINGS: 1. Cnamber1.ain Estates is a 99 -lot single family residential subdivision on 27.1 acres of property located on the east side of Locust Grove approxi- mately 1,000 -feet south of Ustick Road. There will be 4,400 -feet of new public streets added to the system. On June 23, 1993, the District reviewed and approved the preliminary plat application for this project with the following site specific require- ments: .1. Dedicate 45 -feet of right-of-way from the centerline of Locust Grove abutting parcel (20 additional feet). The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. 2. Construct 5 -foot wide concrete sidewalk along Locust Grove abutting parcel adjacent to the new right-of-way line. Provide a deposit to the Public Rights -Of -Way Trust Fund for the required sidewalk along the frontage of Lot 1.3. 3. Direct lot of parcel access to Locust Grove is prohibited, in compli- ance with District policy. Lot access restrictions shall be stated on the final plat. 4. Provide proper intersection offset or alignment at Locust Grove with the proposed subdivision on the west side of Locust. Grove. Coordinate with the developer across the street and with District staff. 5. Provide a deposit to the Public Rights -Of -Way Trust Fund for the future construction (abutting parcel - one-half of a 41 -foot street sec- tion) of the collector street to the north at the east end of Chalet ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 i'RFLIMINARY PLAT - CHAMBF&IN ESTATES Decemuer 20, 1993 • Page 2 Drive. Dedicate a minimum of 30 -feet of right-of-way and provide a note on the Final plat that prohibits direct lot access to the collecter street. Staff recommends that Site Specific Requirement #5 be deleted per the attached November 10, 1993 letter from Larry Sale and replaced. with Site Specific Requirement #5 as shown below. 2. Locust Grove Road currently has 50 --feet of right-of-way and is im- proved with 24 -feet of pavement. The 2000 Urban Fijnctional Street Classification Map designates Locust Grove as a minor arterial roadway, which generally requires a minimum of 66 -feet of right-of-way (the District requires 90 -feet of right-of-way on arterials in an urban impact area), width sufficient for 4 traffic lanes (52 -foot street section) and 5 -foot sidewalks, and bicycle path- ways. The ultimate right-of-way should be acquired now to minimize acquisition and construction costs in the future. In the interim, the developer will be required to construct 5 -foot side- walk. 3. The ACRD Capital Improvement Plan indicates that. Locust Grove is approved for use of Road Impact Fee funds to increase its capacity; therefore, Road Impact Fee offsets may be given for construction of the roadway improvements along Locust Grove by the developer and for right-of-way dedication in addition to what exists now. A person seek- ing offsets must submit an application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordi- nance #188. 4. Lauahridge Avenue (abutting the south boundary of the parcel) is a local street that has 50 -feet of right-of-way and is fully improved. 5. `Where is another proposed subdivision (Cougar Creek Subdivision) directly across Locust Grove from this project that is being processed concurrently. Two different developers are involved, but they are represented by the same engineering company. It appears that the centerline alignment of the entry roads into each of these projects are in alignment. 6. The public hearing for this application was held by the Meridian Plan- ning & Zoning Commission on June 8, 1993. SITF. SPECIFIC REQUIREMENTS: 1.. Dedicate 45 -feet of right-of-way from the centerline of Locust Grove abutting parcel (20 additional feet). The owner will be compensated for this additional. right-of-way from available impact fee revenues in this benefit zone. I'RrLIMINARY PLAT - CHAMBfWIN ESTATES December 2.9, 1993 Page • (%)rist.ruct 5 -foot wide concrete sidewalk alona Locust Grove abutting parcel adjacent to the new right-of-way line. Provide a deposit to the k?ub:iic Rights -or -Way `.Frust Fund for the required sidewalk. along the frontage of Lot 13. Diroct lot or parcel access to Locust Grove is prohibited, in compliance with District policy. Lot access restrictions shall be stated on the final plat. 4. Provide proper intersection offset or alignment at Locust Grove with the proposed .subdivision on the west side of Locust Grove. Coordinate with the developer across the street and with.D.istrict staff. 5. Provide stub streets to the east and north property line as shown on Lhe revised preliminary plat. STANDARD REQUIREMENTS: i, 5t:reet and drainage improvements required in the public right-of-way .c*hall be designed and constructed in conformance with District stan- dards and policies. 2. Dedicated streets and drainage systems shall be designed and construct- ed .:in conformance with District standards and policies. 3. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 154-1215. 4. Provide written approval from the appropriate irrigation/drainage dis- t.rict authorizing storm runoff into their system. 5. Locate obstructions (utility facilities, irrigation and drainage appur- tenances, etc.) outside of the proposed street improvements. Authoriza- tion for relocations shall be obtained from the appropriate entity. 6. Continue existing irrigation and drainage systems across parcel. 7. Submit three sets of street construction plans to the District for review and appropriate action. 8. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage system shall conform to the requirements of Meridian City and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right-of- way or in a drainage easement set aside specifically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amen- PRELIMINARY PLAT - CHAMBERLAIN ESTATES December 20, 1493 Page 4 ities placed in said easement. Drainage easements and their use restric- tions shall be rioted on the plat. 9. Provide design data for proposed access to public streets for review and appropriate action by ACRD. :L,. Locate driveway curb cuts a minimum of 5 -feet from the side lot proper- ty lines when the driveways ara not being shared with the adjacent property. 11. Developer shall provide the District with a copy of the recorded plat prior to the installation of street name signs. 1.2. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross -street. The stop sign shall be installed when the project street is first accessi- ble to the motoring public. 1.3. A right-of-way permit must be obtained from ACRD for all street and utility construction within the public right-af-way. Contact Construc- tion Services at 345-7667 (with zoning file number) for details. 14. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Develop- ment Services section at 345-7662. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: DEC 2 2 1993 Larry Sale JAMES E. BRUCE, President GLENN J. RHODES, Vice President SHERRY R. HUBER, Secretary TO: CIIAMB IN STATES FILE FROM: L • INTER -DEPARTMENT CORRESPONDENCE November 30, 1993 SUBJECT: NEED TO REVISE PRELIMINARY PLAT RE: STUB STREETS AND COLLECTOR TO NORTH On November 29, 1993 I met with Jim Merkle, P.E., representing. the owner/developer of Chamberlain Estates; and Pamela Walsh, representing the owners (the Browns) of the property adjacent to the east boundary of Chamberlain Estates. The results of that meeting are as follows: 1. The preliminary plat was required to have one-half of a collector stubbed north at the northeast corner of the project, with 30 -feet of right-of-way provided from Chamberlain Estates and 30 -feet :From the Brown's property. This collector was to eventually be extended out to Ustick Road approximately one-third mile east of Locust Grove Road. This decision was made using the topographic map submitted with the application and without a site visit to confirm the information provided by the map. As it turns out, the Browns have a very substantial outbuilding constructed in such proximity to the common property line that the construction of a collector in this location is impractical. The collector out to Ustick will have to be made at a location further east than the vicinity of the Brown's home and outbuildings. A stubbed local street from Chamberlain Estates to the Brown's property will provide adequate neighborhood circulation and a utility corridor. The stub street will be coordinated between Mr. Merkle and Ms. Walsh so as to accommodate the needs of both property owners as nearly as possible. It will be .far enough south to allow a row of lots between it and the yard area around Brown's home. 3. Another stubbed local street will be provided to the north boundary of Chamberlain Estates a few hundred west of the northeast corner of the project into the Allman(?) property. +++++++++++ CHMBRLN/DEVSRV ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 rJovember 30, 1i9i • • 1 Page A second meeting was held in my office with Richard Doesiger and Ms. Walsh on November 30, 1993. Mr. Boe:siger is apparently the intended purchasor of the Brown's property. At that meeting, the -oncept of the collector roadway from Ustick into the interior of the square mile and the Brown's property was discussed further. Although questioning the need for the collector in view of the amount of available developable land, both Mr. Boesiqer and Ms. Walsh understand that the District staff will recommend such a facility when the interior land is submitted for development approval. Also on November 30, 1993, Development Services staff visited the site while on the weekly application field inspection. It was confirmed that a collector from Ustick into the interior of the square mile east of Brown's house was necessary and would be a recommended requirement of staff on any development application. cc: Richard Boesiger, Pamela Walsh, Wayne F'orrey, David Szplett C:HMBRLN/DEVSRV its o o Il � all M"irxan � Cog wmm En E :i -lam n 7 . . . . . . . . . . . . . . ... . . . . . . . . . ... . . ... ... ......... ..... - - - - - - - ii' .! 6 �6 . . . . . . . . . . ........... 8 c'!a8'c c"tidc -!Q 998:99 S 1819 ns� --------------- -'s E&F TIZ Z:2Am"'214091P.4 iJ Ni '2MS, ....... ... ..... . 1--z . z t5A .410 UZIAZ tz-n c W!ZjC'zF' .. . . . . . . . . . . . . ZZ72�'a-Z! R X5 711 lig zz EE Ec EA 0 Z zi ------------ DATE: 21i� �'?MERIDIAN AGENDA ITEM NUMBER 3 C170OUNCIL -- - I AGENCY COMMENTS: MERIDIAN POLICE - MERIDIAN FIRE DEPT. - MERIDIAN CITY ENGINEER - ' MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT - MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT - ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH - NAMPA MERIDIAN IRRIGATION - SETTLERS IRRIGATION - IDAHO POWER - US WEST - INTERMOUNTAIN GAS - G BUREAU OF RECLAMATION - MERIDIAN CITY ATTORNEY - MERIDIAN PLA NNI.NG DIRECTOR - OTHER COMMENTS: HUB OF TREASURE VALLE* TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian , may we have your answer by: 1 q TRANSMITTAL DATE: I I - 22' 9 3 HEARING DATE: RE® 1 lA 12. Z► -93 LOCATION OF PROPERTY OR PROJECT JIM JOHNSON P/Z MOE ALIDJANI,P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C BOB GIESLER, C/C MAX YERRINGTON, C/C BRUCE STUART, WATER DEPT. JOHN SHAWCROFT, SEWER DEPT. BUILDING INSPECTOR FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY GARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER • MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFIICE (PRELIM AND FINAL PLATS) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR..DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER Cq:-(PRELIM AND FINAL PLATS) .A.S. WEST (PRELIM AND FINAL PLATS) INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) CITY FILES //- OTHER ( / 3- YOUR CONCISE REMARKS: A� C��+•rr�r�dJ .4���{ s W G C n} -C , "a- f C L-&-.f•u `]'rr•--,S k. '-'e eo .S' (-IV L o ►V oA 0 X AJ ¢" Q (-1-4 L>j -,J-49's 6 �Jr.icn") TLIf A4 kAugkRic9r,,e doh& i3 _&Lt H-71,aa 'CkAL,e�' Dir. u), L(- A) ,e w �9 A- 7ZLr V -A Ro, wc!9. to 'prS A Good Place to Live OFFICIALS COUNCILMEN WAYNE S. FOREY, AICONALD CITY OF MERIDIAN R. TOLSM RROBERTGESLERA JANICEGA S,TReasurerP,CityClerk BRUCE D. STUART, Water Works Supt. MAX YERRINGTON WAYNE G. CROOKSTON, JR.. Attorney 33 EAST IDAHO ROBERT D. CORRIE JOHN SHAWCROFT, Waste Water Supt. MERIDIAN, IDAHO 83642 Chairman zoning 6 Planni KENNY BOWERS, Fire Chief Phone 888-4433 JIM JOHNSON BILL GORDON. Police Chief (208) GARY SMITH, P.E.. City Engineer FAX (208) 887-4813 Centennial Coordinator PATSY FEDRIZZI GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian , may we have your answer by: 1 q TRANSMITTAL DATE: I I - 22' 9 3 HEARING DATE: RE® 1 lA 12. Z► -93 LOCATION OF PROPERTY OR PROJECT JIM JOHNSON P/Z MOE ALIDJANI,P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C BOB GIESLER, C/C MAX YERRINGTON, C/C BRUCE STUART, WATER DEPT. JOHN SHAWCROFT, SEWER DEPT. BUILDING INSPECTOR FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY GARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER • MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFIICE (PRELIM AND FINAL PLATS) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR..DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER Cq:-(PRELIM AND FINAL PLATS) .A.S. WEST (PRELIM AND FINAL PLATS) INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) CITY FILES //- OTHER ( / 3- YOUR CONCISE REMARKS: A� C��+•rr�r�dJ .4���{ s W G C n} -C , "a- f C L-&-.f•u `]'rr•--,S k. '-'e eo .S' (-IV L o ►V oA 0 X AJ ¢" Q (-1-4 L>j -,J-49's 6 �Jr.icn") TLIf A4 kAugkRic9r,,e doh& i3 _&Lt H-71,aa 'CkAL,e�' Dir. u), L(- A) ,e w �9 A- 7ZLr V -A Ro, wc!9. to 'prS December 15, 1993 TO: MAYOR AND COUNCIL FROM: Gary D. Smith, PE RE: CHAMBERLAIN ESTATES S IVISION (Final Plat) I have reviewed this submittal and offer the following comments for your information and oras consideration for conditions of the applicant curing the hearing F"cess: previously approved f or to 8. The application says house sizes per ordin Sheet No.l needs to say"alt house%s will be i30 larger or each lot, needs to be labeled for hou accordance with the city ordinance. 9 O Sh t N 2• tage. review from 15 -Block 5. t 1. S.11 Along the line common e. A note on quare feet or size in n ee o. a. Certificate of Owners - Line 1- If a part of this plat ;�s"a resubdivision of Chateau Meadows East No.9 Should this also be stated in ..:.:.::.:.......... . the title on Sheet No.1? Line 2&3- The page reference should be 6068 and 6069. Line 9- The plat bearing shows 89-35-39. Line 20- The bearing should be northwest. In the statement concerning water service, remove °... an existing ...main line located in the subject subdivision..." The Owners need to sign the plat with attestation. HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS COUNCILMEN WILLIJANIC CITY OF MERIDIAN ROBERTGI S ERONALD R. A GASS,TreasurCityClerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO MAX YERRINGTON ROBERT D. CORRIE WAYNE G. CROOKSTON, JR., Attorney JOHN SHAWCROFT, Waste Water Supt. MERIDIAN, IDAHO 83642 Chairman Zoning S Planning KENNY BOWERS, Fire Chief Phone (208) 888-4433 JIM JOHNSON BILL GORDON, Police Chief GARY SMITH, P.E., City Engineer FAX (208) 887-4813 Centennial Coordinator GRANT P. KINGSFORD PATSY FEDRIZZI Mayor December 15, 1993 TO: MAYOR AND COUNCIL FROM: Gary D. Smith, PE RE: CHAMBERLAIN ESTATES S IVISION (Final Plat) I have reviewed this submittal and offer the following comments for your information and oras consideration for conditions of the applicant curing the hearing F"cess: previously approved f or to 8. The application says house sizes per ordin Sheet No.l needs to say"alt house%s will be i30 larger or each lot, needs to be labeled for hou accordance with the city ordinance. 9 O Sh t N 2• tage. review from 15 -Block 5. t 1. S.11 Along the line common e. A note on quare feet or size in n ee o. a. Certificate of Owners - Line 1- If a part of this plat ;�s"a resubdivision of Chateau Meadows East No.9 Should this also be stated in ..:.:.::.:.......... . the title on Sheet No.1? Line 2&3- The page reference should be 6068 and 6069. Line 9- The plat bearing shows 89-35-39. Line 20- The bearing should be northwest. In the statement concerning water service, remove °... an existing ...main line located in the subject subdivision..." The Owners need to sign the plat with attestation. • • SUPERINTENDENT OF SCHOOLS Bob L. Haley RECEIV-,-,D DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration n E L 02 "1 DIRECTORS Sheryl Belknap, Elementary yla� Jim Carberry, Secondary CITY ;r vi --Y' y Christine Donnell, Personnel Doug Rutan, Special Services JOINT SCHOOL DISTRICT NO.2 911 MERIDIAN STREET • MERIDIAN, IDAHO 83642 • PHONE (208) 888-6701 November 23, 1993 City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Chamberlain Estates Subdivision Dear Councilmen: I have reviewed the application for Chamberlain Estates Subdivision. This planned development will accelerate the need for Joint School District No. 2 to construct additional classrooms and/or to adjust school attendance boundaries. Meridian Schools do not have excess capacity. Nearly every school in the district is beyond capacity. The Meridian School District supports economic growth for Idaho and specifically the district's area, but such growth produces a need for additional school construction. We ask your support for a development fee statute on new home construction or a real estate transfer fee to help offset the costs of building additional school facilities. If this support is lacking then we ask that additional residential development be denied. Residents of the new subdivision cannot be assured of attending the neighborhood school as it may be necessary to bus students to available classrooms across the district. We ask that you assure the developer will provide walkways, bike paths and safe pedestrian access. 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A ^ eq V3 ! j a. a : i� va h s .n Q i aL T i d V i I.1 •� t at uI ♦ a! L. 1I'a IA ZZ N W h N J� y 2 tfa YYaa W 5J> �Z X Z •Zi IZ •�_ •IIC ii T fr G O 16 I Lr '� J Y. • N •N C 1 1 m i W �19f� li G W ] I m 1 I I �I Va 1 J 7 I•i Y-. P ti r. P wpp• r pM I v W O W Z N r• Ya 1 Ir m laa m W m C2 C 1 1 m I tGia �19f� li m 1 I I m J 7 iat wpp• r pM I Ido G 1\ 1 1 I 1 1 Cla m O O ti A M W c" 0> no N wo w w LU W V 1 1 i; I r J c I Ya A• Ei� 0 C*0 CENTRAL DISTRICT HEALTH DEPARTMENT Rezone # REVIEW SHEET Environmental Health Division R E C E I '" r- Dteturn to: DEC 0 1 1991 ❑Boise ❑ Eagle CITY OF MEK.-'.' A ❑ Garden city Meridian Conditional Use # ❑ Kuna Prelimina /Final / Short Plat ❑ ACZ ❑ I. We have Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type. of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet N4 7. After written approval from appropriate entities are submitted, we can approve this proposal for: gj, central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ® central water ❑ individual sewage ❑ individual water ® 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: iq central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines lid. central water ® 9. Street Runoff is not to create a mosquito breeding problem. ❑ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 1� ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store Date: PIC Reviewed By:� LDHD 10/91 rcb, rev. 11/93 ill OFFICIALS WAYNE S. FORREY, AICP, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR.. Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON. Police Chief GARY SMITH, P.E.. City Engineer • HUB OF TREASURE VALLE 0 RECEIVED A Good Place to Live D E C O 1993 COUNCILMEN CITY OF MERIDIAN RONALD GIESL R 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor �^ �y g����jQ��RTGIESLER C11 Y �,� i�:Y1�Ll�h1X'�'ERRINGTON ROBERT D. CORRIE R��(� VED ChairmanM7JOHNSONanni 2 3 N 0 V 19903 Centennial PATSY FEDRIZZI NAMPA 6 MERIDIAN IRRIGATION DISTRICT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian 9 may we have your answer by 2 9-3 TRANSMITTAL DATE: I)"Z 2.9 3 HEARING DATE: 2, 9.3 BY: LOCATION OF PROPERTY JIM JOHNSON P/Z MOE ALIDJANI,P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C BOB GIESLER, C/C MAX YERRINGTON, C/C BRUCE STUART, WATER DEPT. JOHN SHAWCROFT, SEWER DEPT. BUILDING INSPECTOR FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY GARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER OR PROJECT. • MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM AND FINAL PLATS) ADA COUNTY HIGHWAY DISTRICT AOA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR -DISTRICT SETTLERS IRRIGATIONDISTRICT IDAHO POWER C0A PRELIM AND FINAL PLATS) 4.S WEST (PRELIM AND FINAL PLATS) INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) CITY FILES OTHER YOUR CONCISE REMARK,: , • Nampa & Meridian Irrigation District's Finch Lateral courses through the north portion of'thfs°project. The right-of-way of the Finch Lateral is 60 feet: 30 feet ,from thg center each way. See Idaho Code 42 -1208 --RIGHTS-OF-WAY NOT SUBJECT,TO ADVERSE POSSESSION. The developer must contact John P. Anderson or Bill Henson at Nampa & Meridian Irrigation District, 466-0663 or 345-2431, for approval before any encroachment or change of right-of-way occurs. Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. All laterals and waste ways must be protected. Municipal surface drainage must be retained on site. If any surface drainage leaves the site, Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within Nampa & Meridian Irrigation District. Bill enson, Foreman Nampa & Meridian Irrigation District 9 December 1993 • James C. Merkle Hubble Engineering, Inc. 9550 _West Bethel Court Boise, ID 83709 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for Chamberlain Estates Sub Dear Mr. Merkle: Enclosed please find a Land Use Change Application for your use to file.with the Irrigation District for its review on the above - referenced development. You were previously sent a complete packet of information concerning Land Use Change, urban irrigation, and exclusion. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent Kevin A. Howell enc. fj r t � APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Memorandum To: Mayor, Council Members, Planning and Zoning From: Wayne S. Forrey, AICP - Planning Date: 17 DEC 1993 Regarding: This Final Plat gE does not comply and City Council The Findings of Fac negotiated to addrea done! I recommen allow the developer and submit a draft d the F the Preli [an as not nary Plat but it during the P&Z Aopment agreement be This has not been ity Council Meeting to agreement negotiations HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS COUNCILMEN A S. FORREY, CITY OF MERIDIAN RROBERTGI S ERONALD R. A GASS,TeasurCP,CItyClerk JANICE GASS, Treasurer J ICE BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO MAX YERRINGTON ROBERT D. CORRIE WAYNE G. CROOKSTON, JR., Attorney JOHN SHAWCROFT, Waste Water Supt. MERIDIAN, IDAHO 83642 Chairman Zoning & Planning KENNY BOWERS, Fire Chief Phone (208) 888-4433 JIM JOHNSON BILL GORDON, Police Chief GARY SMITH, P.E., City Engineer FAX (208) 887-4813 Centennial Coordinator PATSY FEDRIZZI GRANT P. KINGSFORD Mayor Memorandum To: Mayor, Council Members, Planning and Zoning From: Wayne S. Forrey, AICP - Planning Date: 17 DEC 1993 Regarding: This Final Plat gE does not comply and City Council The Findings of Fac negotiated to addrea done! I recommen allow the developer and submit a draft d the F the Preli [an as not nary Plat but it during the P&Z Aopment agreement be This has not been ity Council Meeting to agreement negotiations DEC 21 '93 13:13 HUBBLE ENGMEERING, INC. 1� 9550 Bethel Court ■ Boise, Idaho 83709 208/322.8992 ■ Fax 2081378-0329 December 21, 1993 Project No. 93053 Mr. Wayne Forrcy City of Mcridian 33 E.tdaho Meridian, ID 83642 RE: Chamberlain Estates Subdivision Final Plat Dear Wayne: RECEIVED DEC 2 1 1993 CITY OF MERIDIAN Regarding your memorandum to City Council recommending deferral of the final plat until the developer submits a draft of the development agreement, I would recommend that the final agrccmcnt be made prior to the City signing the final plat. This will allow the final plat to proceed through the process. Kevin Howell, the developer, is in agreement with the Conclusions of Law and is in the process of drafting a proposal to submit to the City. Please feel €ree to call if you have any questions. Sincerely, �atnesC. Merkle, P. E. J CMlbhl6M1tr ** TOTAL PAGE.001 ** RECEIVED SUBDIVISION EVALUATION SHEET DEC 2 2 1993 CITY OF MERIDIAN Proposed Development Name CHAMBERLAIN ESTATES SUB City MERIDIAN Date Reviewed 12/02/93 Preliminary Stage Final XXXX Engineer/Developer Hubble Engr / Kevin Howell Construction The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE CHAMBERLAIN ESTATES SUBDIVISION D Date LAZ z The Street name comments listed below are madeby th members of the AD COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. The followinix existing street names shall appear on the plat as: "N. LOCUST GROVE ROAD" "E. USTICK ROAD" "N. LAUGHRIDGE AVENUE" The following new street names are approved and shall appear on the plat as: "N. CHIANTI WAY" "E. CHALLIS DRIVE" The following proposed street name is over ten letters in length and must have verification in writing from Ada County Highway District that the name will fit on a sign before it will be approved: "E. COUGAR CREEK DRIVE" "CHALET" is a dulication and cannot be used. Please choose a name and have it approved by the street name committee. The street at the end of "COUGAR CREEK" is in alignment with an existing street and therefore shall be named: "N. LAUGHRIDGE AVENUE" The unnamed street at the end of "CHALLIS" and the unnamed street at the end of "CHALET" need to be named Please choose a name (close enough for alignment) and have it approved by the street name committee. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE Ada County Engineer John Priester Ada Planning Assoc. Terri Raynor Meridian Fire Dept. Representative, DESIGNEES Date Date Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!t! Sub Index 4treet Index NUMBERING OF LOTS AND BLOCKS (X- - h� )'Z� z � ff� f affs � f�ft � � tv • w � c , � s •s�v,w i� .• ��Sp.N't Tarrr� Now Ott ���►�pop � I Ta f ••K•�+•.• IOI • C 14ATEALL M EA DOVJ5 t - I s C VALLEY 1 ea iff0 PL -C. OAF -JT s� . •'amt • a 1 7-1-7 • • i t '9Y -T T ---f Ta f ••K•�+•.• IOI • C 14ATEALL M EA DOVJ5 t - VALLEY 1 ea iff0 PL -C. OAF -JT ENGIiyF�9�p HUBBLE ENGINEERING, INC. < y 9550 Bethel Court ■ Boise, Idaho 83709 208/322-8992 ■ Fax 208/378-0329 9y° suRV RECEIVED December 21, 1993 DEC 2 3 1993 Project No. 93053 CffV OF MERIDIAN Mr. Wayne Forrey City of Meridian 33 E. Idaho Meridian, ID 83642 RFS'' Chamberlain Estates Subdlviso m » Dear Wayne: Regarding your memorandum to City Council recommending deferral of the final plat until the developer submits a draft of the development agreement, I would recommend that the final agreement be made prior to the City signing the final plat. This will allow the final plat to proceed through the process. Kevin Howell, the developer, is in agreement with the Conclusions of Law and is in the process of drafting a proposal to submit to the City. Please feel free to call if you have any questions. Sincerely, ames C. Merkle, P.E. JCNOh/602.ltr cc: Kevin Howell TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian , AA may we have your answer by 29-3 TRANSMITTAL DATE: 1 I' Z 2" 9 3 :HEARING DATE REQ BY: 2-Z)-93 LOCATION uOF PROPERTY OR JIM JOHNSON P/1 MOE ALIDJANI,P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C BOB GIESLER, C/C MAX YERRINGTON, C/C BRUCE STUART, WATER DEPT. JOHN SHAWCROFT, SEWER DEPT. BUILDING INSPECTOR FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY GARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER nnnrft nCniv&nn tnn a.: VlJlnlbl SETTLERS IRRIGATION DISTRICT IDAHO POWER COr(PRELIM AND FINAL PLATS) U.S,. WEST (PRELIM AND FINAL PLATS) INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) CITY FILES OTHER:R`- YOUR CONCISE • HUB OF TREASURE VALLL* A Good Place to Live OFFICIALS COUNCILMEN City Clerk CITY OF MERIDIAN NALD R. RROSERT G ESLERA JANICE GA S, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR.. Attorney 33 EAST IDAHO MAX YERRINGTON ROBERT D. CORRIE JOHN SHAWCROFT. Waste Water Supt. MERIDIAN, IDAHO 83642 Chairman Zoning 6 Planni KENNY BOWERS. Fire Chief Phone 888-4433 JIM JOHNSON BILL GORDON. Police Chief (208) GARY SMITH, P.E.. City Engineer FAX (208) 887-4813 Centennial Coordinator PATSY FEDRIZZI GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian , AA may we have your answer by 29-3 TRANSMITTAL DATE: 1 I' Z 2" 9 3 :HEARING DATE REQ BY: 2-Z)-93 LOCATION uOF PROPERTY OR JIM JOHNSON P/1 MOE ALIDJANI,P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C BOB GIESLER, C/C MAX YERRINGTON, C/C BRUCE STUART, WATER DEPT. JOHN SHAWCROFT, SEWER DEPT. BUILDING INSPECTOR FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY GARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER nnnrft nCniv&nn tnn a.: VlJlnlbl SETTLERS IRRIGATION DISTRICT IDAHO POWER COr(PRELIM AND FINAL PLATS) U.S,. WEST (PRELIM AND FINAL PLATS) INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) CITY FILES OTHER:R`- YOUR CONCISE Y 1+ . • MERIDIAN CITY COUNCIL SEPT. 71, 1993 PAGE 7 Don Hubble: We were told that there might be a concern about the school district and Mr. Voigt was prepared to offer whatever assistance needed to be offered in order to help provide a site for that school. Kingsford: I assume he's acceptable to a development agreement to that effect. Tolsma: Would this be an entire school site or just partial school site or? Kingsford: I think that's something he would be negotiating with the school district. For the record then, the applicant is willing to negotiate with the school district on a school site. Hubble: Correct. Kingsford: Any questions for Mr. Hubble? Giesler: If that is the case what would happen to the impact fees that they agree to? Kingsford: That would be subject to whatever agreement they have with the school district. (Explanation given - see tape) The Motion was made by Giesler and seconded by Yerrington to approve the Findings of Fact and Conclusions of Law for request for annexation and zoning to R-4 with preliminary plat for Arte and Vaughn. Roll Call Vote: Yerrington - Yea; Tolsma - Yea; Motion Carried: All Yea: Giesler - Yea; Corrie - Yea; ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING TO R-8 WITH PRELIMINARY PLAT FOR CHAMBERLAIN ESTATES BY KEVIN HOWELL: The Motion was made by Yerrington and seconded by Corrie to approve the Findings of Fact and Conclusions of Law on the annexation and zoning to R -a with preliminary plat for Chamberlain Estates. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie _ Yea; Tolsma - Yea; MERIDIAN CITY COUNCIL SEPT. 7, 1993 PAGE 8 Motion Carried: All Yea: ITEM #5: ORDINANCE #613: REQUEST FOR ANNEXATION AND ZONIING TO R-8 WITH PRELIMINARY PLAT FOR CHAMBERLAIN ESTATES SUBDIVISION BY KEVIN HOWELL: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE SOUTH HALF OF THE SOUTH HALF OF GOVERNMENT LOT 4, AND THE WEST HALF OF THE NW 1/4 OF THE SE 1/4 OF THE NW 1/4, AND A PORTION OF THE NORTH HALF OF THE SW 1/4 OF THE NW 1/4 OF SECTION 5, T. 3N., R. 1E. , . A.M., ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the public that would like Ordinance #613 read in it's entirety? No response. The Motion was made by Giesler and seconded by Tolsma that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance #613 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler -.Yea; Corrie _ Yea; Tolsma - Yea; Motion Carried: All Yea: Kingsford: One thing that I would offer up on the following subdivisions, Summerfield, Chamberlain and Cougar Creek that the developers, engineers and land purchasers are on record that there is a possible problem with surface water with all three of those. ITEM #6: ORDINANCE #614: REQUEST FOR ANNEXATION AND ZONING TO R-8 WITH PRELIMINARY PLAT FOR COUGAR CREEK SUBDIVISION BY RIDDLEMOSER: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LYING IN A PORTION OF THE NE 1/4 OF SECTION 6, T. 3N., R. IE., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public who would like Ordinance #614 read in it's entirety? No response. The Motion was made by Tolsma and seconded by Giesler that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance #614 be passed and approved.