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HomeMy WebLinkAbout1998 02-03i! ~ ! ' . , . . ~ ~ ,i ~~ MERIDIAN CITY COUNCIL ~ ,1 ;~ AGENDA ~~ TUESDAY, FEBRUARY 3, 1998 - 7:30 P.M. ~~ CITY COUNCIL CHAMBERS ~; ;~ ROLL CALL: x RON'ANDERSOIV x CHARLIE ROUNTREE x GLENN BENTLEY x KEITH BIRD x MAYOR ROBERT CORRIE ;, ,a MINUTES OF PREVIOUS MEETING HELD JANUARY 20, 1998: (APPROVED) ,; MINUTES OF MERIDIAN CITY COUNCIL/RURAL FIRE COMMISSIONERS HELD ., ;~JANUARY 22, 1998: (APPROVED) ~ MINUTES OF MERIDIAN CITY COUNCIL/RURAL FIRE COMMISSIONERS HELD ;~JANUARY 23, 1998: (APPROVED) MINUTES OF MERIDIAN CITY COUNCIL/RURAL FIRE COMMISSIONERS HELD ;aJANUARY 27, 1998: (APPROVED) ~; 1. TABLED JANUARY 20, 1998: REQUEST FOR INSTALLATION OF SEPTIC SYSTEM FOR A' WAREHOUSE BUILDING BY MCCALL PROPERTIES: (TABLED d1NTIL FEBRUARY 17, 1998) 2. TABLED JANUARY 20, 1998: ORDINANGE ~G7- ETHICS ORDINANCE: (APPROVED WITH CORRECTIONS) 3. TABLED JANUARY 6, 1998: COVENANTS, CONDITIONS, RESTRICTIONS FOR TURNBERRY~ SUBDIVISION: ( APPROVED WITH CORRECTIONS) ;l ~ 4, TABLED JANUARY 6, 1998: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR ASHFORD GREENS SUBDIVISION BY BRIGHTON CORP~ORATION: (TABLED UNTiL MARCH 3, 1998) 5. PUBLIC HEARINiG: PRELIMINARY PLAT FOR TEARE COMMERCIAL SUBDNISION BY RON VAN AUKER - NW CORNER OF TEARE AVENUE/OVERLAND ROAD: (APPROVED) ,; ;: 6. REQUEST FOR FINAL PLAT FOR SHERBROOKE HOLLOW SUBDIVISION BY GEM PARK II ;~EAST SFDE OF LOCUST GROVE: {APPROVED) 7. STFtEET LIGHT A~GREEMENT WITH EDMONDS CONSTRUCTION, INC. FOR PACKARD SUBDIV~ISION N0. 1: (APPROVED) ~ ~; . ~, !i ~ • . ~~ 8. APPROVE BILLS: (APPROVED) ~r ~i 9. WATER/SEWER/TRASH DELINQUENCIES: (APPROVED) , . ~, . 10. APPOINTMENTS Ti0 TRAFFIC SAFETY COMMITTEE: (APPROVED) Gary Smith, Jim Carrberry, Susan Eastlake, Bill Gordon, Faye Buchanan, Kevin Thoreipson,;;James Martin: ~, 11. DEPARTMENT REPORTS: ~~ A. SHARI STILES~' WILD WEST BAKERY (APPROVED) „ ~ ,. >> B. GARY SMITH: ~i 1. LINE ;ITEM ADJUSTMENTS FOR PARKS DEPARTMENT: (APPROVED) ~ 2. WELL j#14 AGREEMENT TO FENCE AROUND GENERATOR: (APPROVED) 3. TELEPHONE SYSTEM FOR NEW LOCATION: (APPROVED) i; C. BILL GORDON:;'. 1. GRANT MONEY - INTOXILYZER 5000: ~'~ 2. 100% GRANT -11N0 NEW BICYCLES: ~; D. TOM KUNTZ: ~i PARKS AND RECREATION DIRECTOR: i' E. GLENN BENTLEY: a 1. POUCE DEPARTMENT -$8,323.38 FEDERAL GRANT PAYBACK: i; 2. TEMPORARY MODULAR BUtLDING - TWO YEAR LEASE: (APPROVED) ,; 3. FEDERAL GRANT FOR TWO NEW OFFICERS: 4. FEDERAL' GRANT $39,000 IN GENERAL FUND: (APPROVED) r, ~? 5. PAGER S~YSTEM: ~ 6. PLANNING MEETING BUILDING - AGENDA TOPIC: I; 7. FRANKLIN BRIDGE: i: 1; r~ , i ~~ !' . ~. F G ~~ i; 8. CELLULAR TOWER: 19 9. TAX EXEMPT STATUS: E~ ~; 10. ICRMP L~> SS CONTROL: CHARLIE ROUNTREE: 1. FISCAL POLICY: ~; ., ROBERT CORRIE: 1. NOMINATIONS TO PLANNING AND ZONING (APPROVED) BYRON SMITH AND MARK NELSON: ~~ 2. NOMINATION TO PARKS AND RECREATION (APPROVED) TAMMY DEWEERD AND SHERI BAKER: ,a 3. VICE PRESIDENT: GLENN BENTLEY: (APPROVED) COMMISSION: COMMISSION: H. WILL BERG: ~! 1. BEER AND LIQUOR LICENSE FOR ROCKETS, INC.: (APPROVED) ,~, „ ~ ,' ~; ~; ~ ~~ I; ~~ ~~ ~ ~ ~ i~ i MERIDIAN CITY COUNCfL FEBRUARY 3 1998 ,k The regular meeting of th ~ Meridian City Council was called to order by Mayor Robert D. Corrie at 7.30 P.M. ,~ ! MEMBERS PRESENT: Ron Anderson, Glenn Bentley, Charlie Rountree, Keith Bird: ~ MEMBERS ABSENT: N'o~ne. ,~ ~~: OTHERS PRESENT: Mayor Robert Corrie, John Prior, Will Berg, Gary Smith, Shari Stiles, Bill Gordon, Tom Kuntz, Darren Carrouche, Colleen Matlock, Delbert Matlock: q; ~~ MINUTES OF{PREVIOUS MEETING HELD JANUARY 20, 1998: i~ MINUTES OF MERIDIAN CITY COUNCIURURAL FIRE COMMISSIONERS HELD ~ JANUARY 22, 1998: I~ MINUTES OF MERIDIA'N CITY COUNCIURURAL FIRE COMMISSIONERS HELD ~~ JANUARY 23, 1998: E~ , MINUTES OF MERIDIAN CITY COUNCIL/RURAL FIRE COMMISSIONERS HELD ;~ JANUARY 27, 1998: ~~ , ~ Corrie: Council, you have the minutes of the previous of the previous meetings held January the 20th, January~the 22"d, -- excuse me and the special rninutes of the 22"d and 23~d and 27th. With y'our permission I' will make that all in a consent agreement. If there are any changes or `e'`orrections on these three minutes on this time. ~~ Rountree: I have none. ~ ~~ Bentley: None. ~~ i Bird: None. ,~ Anderson: None. ,; Bird: I make a motion - 9j ;' Corrie: -- four meetings here ,; ~, Bird: I make a motion thaf,we ~ ,, Anderson: Second. ia for a motion. accept the minutes of the four meetings. Meridian City Council February 3, 1998 Page 2 i ~ ~~ ~~ • ,; Corrie: Motion is made by Mr. Bird and second by Mr. Anderson that the minutes of the four meetings be approved as written. All those in favor say aye. ~ MOTION CARRIED: All ayes. ~i ITEM NO. 1: REQUE~ST FOR INSTALLATION OF SEPTIC SYSTEM FOR A WAREHOUSE BUILDING"BY MCCALL PROPERTIES: i~ Corrie: Is there anyone here from McCall Properties present? To inform the Council, I talked to the CEO at the Lixor Company, and we talked about the easement across that - what 600 feet of easement. He wanted me to send him some information and materials, and I'm sending~them tomorrow along with the copy of the easements that we had done before and have him look at them. And then we'll have some more conversation sometime this week, the first of next week. ~~ Rountree: Mr. Mayor, did;;you let them know that Van Auker at least at this point in time is willing to pay for the extension of the sewer through that as long as we can get the easement? That may help~ somewhat. i~ Corrie: No, I'm sorry. ;; Rountree: That was understand, is that not yours Keith? ~i Bird: That's what I took it ~as yesterday when we met with Ron and his cohort - that was the deal that they would go ahead and pay for it through there so they could get the easement. ;; 'I Rountree: That might be a selling point. Corrie: Okay. We talked to him about the 300 acres with the sewer and also the school, and he seemed to be cordial and talked to me and little bit on the edgy side when it came to Van Auker, but I walked passed that one, but we are sending them the information and go from th'ere. Rountree: Maybe don't use that name, and say we have somebody willing to pay for - ~~ Corrie: He brought it up first. He brought it up first and I suddenly skirted that one as besf t could. So thaYs they information, and I also told him that DEQ probably would not give a septic system to the McCall Industries, so he's aware of that. So I assume that we need to table this one to next meeting for the installation of the septic system of the warehouse building by McCall Properties. ~i Rountree: Mr. Mayor, I would move that we table item one until our next regularly scheduled meeting which would February 17tn ;~ . Meridian City Council ~~ February 3, 1998 Page 3 j~ Bird: I will' second it. ;~ ~ ~~ Corrie: Motion made by Mr. Rountree and the next meeting February~'the 3~a i~ Rountree: 17in I ,~ Corrie: 17"', al~ right. Furt~ er discussion? MOTION CARRIED: All ~ second by Keith Bird that we table this until All those in favor say aye. ITEM NO. 2: ORDINANCE #786 - ETHICS ORDINANCE: Corrie: Item number two vwas tabted from January 20th meeting, 1998 Ordinance #786 - Ethics code. You have ;two codes here. They are both the same except for one staternent Counsel, and th'at's whichever one you want to do. On page 5, one has the limits of valuable gift not' more the $50.00, and the other one is - Counselor, would explain the difference here? Prior: The only difference~;between the two ordinances is one provides for a diminimous gift of up to $50.00. The other ordinance provides for no diminimous gift, and obviously it's up to the discretion of ~he City Council as to which one you prefer. Corrie: Okay, I'm going t~go ahead and read the first part of the ordinance, and then we'II have further discussion on that. "Ordinance #786 is an ordinance of the City of Meridian adopting a new'chapter in Title 1 as revised and complied ordinance of the City of Meridian to be known as "Ethics Ordinance", Title 1, Chapter 16, revised and compiled ordinances of the~City of the Meridian to set forth and establish for the Mayor, City Council, City Commissioners, Appointees, Employees, and other peopfe associated with the City of Meridian provisions relating to the following: Nepotism, policy, definitions, fair and equal t~eatment, conflict of interest, standards of conduct, statutory standards, contracts, purchases, and employment, disclosure of confidential information, gifts and favors, conflicts of interest and agenda items, penalty for violations by former employees, consequences and penalty, and severability; and providing an effective date~" Is there anyone from fhe audience who would like to have this ordinance read in its entirety. Hearing none, Council, discussion? Bentley: Mr. Mayor, I have a question for the attorne . Section 14 on a e 7 oka P 9 . Y there's a half a bracket the~~e at the top, is that have any significance? i~ Prior: No. cr ;i Bentley: Thank you. ~ i~ I, Meridian City Council '~ February 3, 1998 s~ Page 4 !' i~ ~~ Corrie: Any further discussion? This Number finro it has the ,$50 00 value in it. i~ . ordinance is number one in the old version. So what is - any further discussion? Anderson: Mr. Mayor, I',have a correction, on page 1, the third sentence from the bottom. In the middle of the sentence there, we need to insert the word "City" between the words "to" and "adopY~~' I~ Corrie: All right. '; Rountree: On page 4, tf~,e top paragraph, talking about confidential ir~formation. We also have a section nine talking about disclosure of confidential information. Very close to if not the same workin'g most of that. Just a question for Counsel if we struck the paragraph on the top of page 4, just so we don't have the redundancy on that particular thing. Is that acceptable?~! , ~; Prior: One makes reference to employees. The other one makes reference specifically to the City Council, the Mayor, and so on and so forth if you read on. I think it's important that you make ; a distinction, and I think iYs also important that both those particular paragraphs remain in this ordinance. ~~ Rountree: I'm just saying ~that in section nine, as well it talks about the last references or city employee. In the previous on page 4, it talks about no official which in my mind it covers the Mayor, membe'rs, board members, committees, councils, etc. So again I ask for clarification for the need for both of those. „ ~, ~ Prior: I still think you are talking about a difference between a- which under section 5, it's talking about a conflic'f of interest and the other one is a confidential information specifically to the Mayor and City Council. I still think there's enough of a distinction that we need to keep both of tlose in fhere. .~ Rountree: Okay. If it me~ns something to an attorney, we better leave it in there. I have no other qwestions. j ~; ~ Corrie: Any further discussion? ; ~, Rountree: Mr. Mayor, I would move that we approve Ordinance #786 with suspension of rules, version new ~nnth~; the definition of the diminimous value of $50.00 for the gift and the stated changes. ~ ~ ,, Anderson: I'll second that:~; ~. Corrie: Motion is made and seconded that we accept the Ordinance #786 with the changes made and also with the section of the employee accepting the valuable gift of more than $50.00 in value,; Any discussion? All those in favor say aye. Meridian City Council February 3, 1998 Page 5 ROLL CALL VOTE: MOTION CARRIED Rountree: Actually over a year. i~ r~ Anderson, yea. ~~ All yea. 23 I ask;'to have a ~ U Rountree, yea. Bentley, yea. Bird, yea. silent celebration on that. That's been with us for ITEM NO. 3: COVENANTS, CONDITIONS, RESTRICTIONS FOR TURNBERRY SUBDIVISION: I# , !; Corrie: City Attorney, are;those all in order? Prior: The addition that we are going to need to add, and it's fine, just subject to these things. And that is that we want to make some reference to the fact that the number of animals permitted on these things should be limited to two cats and two dogs. But other than that, just make it subject to some clause stating that, and it should be fine. ~. ~ Corrie: What page is that'on? ; Benfiley: Four, it's talking ~about animals. i~ Rountree: Do you have to be that specific or just specify that they comply with the City Ordinance? "i ~, Prioc: We could do that o~r you could just make reference to the fact that finro dogs and two cats. Either way I'm s`ure will be fine. s~ Cotrie: You can have it any way you want (inaudible). ;~ Bentley: Did you see the new one at the Super Bowl ad? With the mosquito? i" Anderson: Let's not go there. i~ Corrie: Mr. Rountree - ~ ; ~, Rountree: -- staff has any,;comments on that. ,, Corrie: Staff comments? „ ;; ~ Bentley: Nothing bugging~,you, huh? a: Rountree: I think we can just approve it with the Attorney's recommendation. ,~ Meridian City Council February 3, 1998 Page 6 . {j Bentley: Mr. Mayor, I would move that we pass the Tumberry Subdivision CC&R's with the corrections made by City Attorney and request the Mayor to sign and the Clerk to attest. ~~: Bird: Second that. '~ ~ , ~ '~ Corrie: Motion made by 1Mr. Bentley and seconded by Mr. Bird a motion to accept the CC&R's with corrections 'and additions by City Attorney. Any further discussion? All those in favor of the motion say aye. ~~ ,, MOTION CARRIED: All ajre. '~ ITEM NO. 4: FINDINGS;~OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR ASHFOR,~D. GREENS SUBDIVISION BY BRIGHTON CORPORATION: Corrie: Mr. Attorney, would you tell us on this one? Do we have somebody in the audience that's - oh, we liave another attorney. We got more attorneys than we have anything. i' ,~ ~~ ,:. Grookston: Mr. Mayor, I had prepared Findings of Facts and Conclusions of Law probably finrelve to fourteen months ago. I have not received any indication that any of the Councilmen desired me to change those. But they - so the real question now is whether or not the Council desires to have some of those ditches tiled, or whether they do not. The previous Council granted variances on the Safford lateral for Tumberry Subdivision and for Golf~zView, so the real question is whether or not you want to continue those variances' or not. This is a request for a variance so that Brighton Corporation does not have to tile a ditch. ~~ ;; Rountree: And that is the;- it's actually two, is it not? a~~ . Crookston: Two. ~! i' ; Rountree: Certainly the~'; finro councilmen need to receive copies of the previously prepared variance Finding's of Facts and Conclusions. We need to have their input on what their desires are. I would suggest thaf the conclusion be similar to what had been discussed with the previous Council, and if the new Council wants to modify those, at least we'll have an opportunity for inpuf from those two council people. I guess my suggestion is that we have Council resurrect those Findings and present them to the Council and again, and I'll make a motion that we table this item until - can we have them next meeting, Waynei? Crookston: Yes. I'. i, Rountree: Until February ;~7tn ',~ ~ ; ,~i +~ ~' ~; ,~ „ ~ • Meridian City Couneil ;~ February 3, 1998 i~ , Page 7 p' i ~l i' Bird: Second. '' ~~ ~~ Corrie: Motion made by ~iMr. Rountree and seconded by Mr. Bird that we table item number four until February the 17'h, 1998. Any further discussion? ~i Bentley: Where are we wi~h the meetings with Nampa on the ditches and the tilings and stuff? ~~ i Rountree: The Ordinance: i~ ~, Bentley: The Ordinance. ;? '; , Crookston: The Council ~has not specifically met with Nampa and Meridian, and they desire that the Safford lateral be piped, and the City granted that variance. That's as much as I can tell you righit now. That's what happened in I think the middle meeting in November. ;' R; Bentley: Thank you. " i+ ~' Corrie: Any further discus'~sion? All those in favor of the motion to table say aye. Smifh: I`m sorry to interru'pt Mr. Mayor. I guess I just wanted to add a comment for the new council members. As f recalf the variance for piping of the Safford lateral was approved for Golf View and Tumberry, and that had to do with the slope of the ground that was available - the amount of head that was available to carry the water through a pipe 48" in diameter or smaller. And the engineering calculations and the testimony Nampa and Meridian Irrigation District indicated that it would not - a 48" diameter pipe would not carry the flow,,;as I recall. I think that's correct. The second part of this variance request has to do with - and probably the part thaYs more argurnentative - has to do with how Eight Mile'lateral was to be handled in terms of piping or not or fencing. And I think that question awas tied with the revisions to our tiling of ditches ordinance where we were to - Shari~and I were to present to the Council and the Mayor a revision to that ordinance fhat would allow some flexikiility for the developer to utilize the waterways as amenities to the development. And that we wouldn't get into a situation similar to where we are at Los Alamitos Subdivision having a ditch tiled and having it fenced and having a 30 foot wide non-usable strip of ground that is almost without a key to the locked gate at eacfi end is inaccessible to anybody but the irrigation district. And Shari and I both feel that that particular installation is going to be a problem in the future for the residents. So the bigger issue of this variance request had to do with the Eight Mile lateral. The Safford lateral was addressed, and as I remember it, it was the variance was approved by the Council for Golf View and for Tumberry, but the issue of how we treat the Eight Mile lateral through Brighton's property remains to be resolved. I think that the engineec fo~, the development has submitted calculations showing that a ~{ ~1 i` i' ~ Meridian City Council • February 3, 1998 l~ Page 8 ji ±. ~~ 48" diameter pipe won't carry the water. Nampa Meridian is claiming that it will. And they also want it fenced so they have access to it. And that is the big question. ;, Bentley: Point of clarification, Gary, at the beginning of your conversation you said the Safford lateral had been ;~pproved through Golf View and to be tiled and said that it would carry the water. ; ,a ~~ Smith: To not be tiled -;~, a~ Bentley: -- not tile it. ~; ~; Smith: Right. A 48n diameter pipe would not carry the water in the Safford - through that reach - because iYs so flat. ~~ Bentley: But you said that Nampa said it would? Smith: No. The Eight Mile lateral. They said a 48" pipe would carry it. So they want it piped. But the engineer for the development contradicts that and his calculations show that a 48" pipe would not carry it. Again due to the slope of the ground and the available head for the dist'ance. We have a couple of crossings in out there that are 48" diameter pipe, but on shor,t lengths. You don't have that problem to deal with. i' Bentley: Right. Thank yo'u. ,: Rountree: Mr. IUlayor, question for Gary. Has there been any discussion on the need for access across that for parking lot, or bridges between activities on the golf course? Smith: No. Ij , Rountree: Your discussion brought that - ~; Smith: There have been, license agreements written with Nampa Meridian for those crossings. We had to cross the ditch with oonduits for pressurized irrigation and I believe there was a sleeve inserted for - could be wrong - sewer service. But I'm not certain of that. There we~e several sleeves that crossed the ditch near the clubhouse, the future clubhouse locatton, and I believe there's also a couple of pipes in the ditch out there for access on th ~ golf course. But they are relatively short lengths. Rountree: Now refresh mfy memory on what we did approve. I remember the approval on Safford for Golf View. Was it presented to us as a Brighton variance on that portion, and this one is being referred to Ashford Greens Sub? ~; Smith: f think that Golf Uiew was presented as a variance from the developer of Golf View, because I remember EHM's engineering representative attending the council meeting. I can't think of the gentleman's name - is it McCoy, Brian McCoy I believe is ~~ ~~ ~j r ~, Meridian City Council ~ • February 3, 1998 ~~ Page 9 ;; the developer of that. I think it came through as Golf View, request for variance. And coincidentally, of course i~the centerline is contiguous from Golf View to Brighton's property. Basically running down the ditch. So I think that the big question of this variance has to do with the disposition of the Eight Mile lateral and how we can how the city can agree with the developer and perhaps the irrigation district too to maintain access, to utilize the groun~d, and that was the big concern. I think that's the underlying reason for the variance request by Brighton because Nampa Meridian wanted it piped. They wanted it fenced, and Brighton didn't feel that was appropriate. So I don't have an answer for you, but I think that's the big question, and it has not been answered yet. And I think that the revisions to the piping of ditch ordinance section was initiated by this variance request. ~ s; ; , Rountree: It was. !~ Smith: And we've submitted - Shari and I have submitted to you at work sessions the proposed changes to that; piping and ditch ordinance which includes laying the slope back - side slope on the ;ditches and so forth depending on the velocity of the water. And I'm sure that it's going to come down to a point of nose-to-nose with the irrigation district. '~ E~ Rountree: One final question. 1 know - not the last planning meeting, but the previous meeting - there were no sadditional comments made on your draft ordinance. What's the status of pulling that together in terms of preliminary ordinance for consideration? And if you've got some point that need clarification, maybe we should get those on the table so we can get those resolved. Stiles: We could get that s~cheduled to go before Planning and Zoning next month. Rountree: Okay, thank yo'u. ~; Smifh: Mr. Mayor, one otfi'er thing, I think that Shari brought up, as I was talking, I think Brighton now is pretty much out of the picture on the property ov-mership w~ere this variance was requested. It~s now, as I understand it, owned by Steiner Development. ~ Rountree: This is part of Steiner'? (~ Smith: Yeah. There might be a small piece that they still own. But the majority of it is Steiner's property. So I'm':~not sure how that figures into the variance request, whether that's transferable to the new owner, if they need to be signatory to that request or not. Thank you. °' i~ , Corrie: Any furthec discussion? i! ;: Rountree: Mlr. Mayor, having heard that discussion, I would withdraw my motion if I could a second withdrawn.jk ;: ~+ s, ~~ i~ , s, 1 Meridian City Council • ~ February 3, 1998 ~~ Page 10 '; Bird: I withdraw. ~' ;~ Rountree: I will withdraw'my motion and move that we table this item until March 3~d with a brief status report from staff and Counsel on this issue and in anticipation of the draft ordinance being befole Planning and Zoning. ,. Bird: I'll second that. Corrie: Motion is made by Mr. Rountree and second by Mr. Bird to table item number four until the March 3~d meeting. Any further discussion? Hearing none, all those in favor, say aye. j~ ,, MOTION CARRIED: All aye. ~~ ITEM N0. 5: PUBLIC HIEARING PRELIMINARY PLAT FOR TEARE COMMERCIAL SUBDIVISION BY RON VAN AUKER - NW CORNER OF TEARE AVENUE/OVERLAND ROAD: ~~ Corrie: At this time I'll open the public hearing and invite the representative of Van Auker to come forward. ;; ,; GAYLE JENSEN WAS SWORN .IN BY CITY ATTORNEY ;~. Jensen: My name is Gayle Jensen. I reside at 9975 Sussex Drive, Boise, Idaho. Basically we are here for preliminary approval on our plat to clear up this property and make it into a legal subdivision. We had originally three pieces of property. We sold one off to - that was actually four piece, but - we sold one off to what is now Store- More company. Originally;~we had sold it to the Boy Scouts of America, and they sold it to Store-More. We still two legal lots there which we've developed. And we are now trying to make this into a I~gal subdivision and create a third lot that we can build on in the corner there. ~, Corrie: Questions? ;: j~: Rountree: I have none for~ him. Bird: I have none. Bentley: I have none. Anderson: None. Corrie: Anyone else from' the public like to issue testimony in this hearing? Hearing none 1 shall close the publi'c hearing. Council discussion from staff. ;~ ~; ~~ ; ~! ~~ { ~, . . • Meridian City Council ? February 3, 1998 ~~ Page 11 ;! ,, i~ E1 Bentley: Mr. Mayor, I wou,ld like to have some input from staff on this. . ~; ~ Stiles: Mr. Mayor and Council, I guess the only thing I would clarified, one of my comments was that they should designate a landscape setback on Overland Road, and I do want that included asj~note on the plat or graphically depicted. I didn't have a width in mind, specifically. It would be a minimum of twenty, but I know on other plats we ve gone up to thirty five feet. Even the building setback would be thirty five feet from Overland Road, it's hard to convince ovimers sometimes that they can't have the parking lot right next to the roaci, and since this is an entrance corridor designated in our comprehensive plan, I would like a minimum established by the Council to be graphically depicted on th~at lot. Not as a commonary since they only have the one lot left to build on, but as justaa landscape setback - easement. :~ ~~ Rountree: Gary, any comments? ~~ ;~ Smith: I don't think I have any specific comments, Mayor and Council. We did receive a copy of ACHD's com~ments concerning access restrictions, and the applicant's engineer or land surveyor; did resubmit a preliminary plat. I received that today. I didn't have a lot of fime to look at it. But we will stand by our request as submitted to you for our review of fhe preliminary plat, unless the applicant has problems with any of those requests. Thank you. ~1 Corrie: Any further comments? ~~ ;; Rountree: I have none. '1 Bird: ~I have none. ~i ~, ~~ Corrie: I will entertain a motion of the preliminary plat. ~;~ Rountree: Mr. Mayor, I would move that we approve the preliminary plat subject to all agency and staff conditions. ;; Bentley: Second. " i; Corrie: Motion made by Mr. Rountree and second by Mr. Bentley to accept the preliminary plat as stated. ~!Any further discussion? All those in favor of the motion, say aye. ~' ~! MOTION~ CARRIED: All aye. 9~ ITEM NO. 6: REQUEST FOR FINAL PLAT FOR SHERBROOKE HOLLOW SUBDIVISION BY GEM PARK II - EAST SIDE OF LOCUST GROVE: ~~ ~ ~. ~; ~ Meridian City Council February 3, 1998 Page 12 Corrie: Council, any Rountree: Any comm about it s for staff? • from staff after the applicant has an opportunity to tell us ~ Elg: I'm Van Elg with Briggs Engineering. Becky Bowcutt has been handling this, and was called away at another meeting tonight. So I'll try to be on target and on time for you tonight. Three items;~that need to be clarified or addressed in the staff comments, and I think Becky has addressed them with either Gary or I have addressed them with Shari. Iterns 3, 5, 11 and 17, specifically. First of all item number three in the staff report indicates that fhe developer will construct five-foot sidewalks on both sides of all proposed public streets. ~Sidewalk improvements along the north side of Victory Road frontage will be constructed. Staff has stated in their report that "Podunk Road" is the one that would have the 'sidewalk. I don't know where that came from. It should be Victory, I believe. Podunk: Corrie: It should be Elg: Yeah, fhat should be;~Victory. Rountree: It's generic for Bentley: We knew they we~e running out of names around here. Elg: Number five states~that water service will be extended from Locust Grove at Salmon Rapids No. 4. But I believe, Gary, that that's already occurred. And it's now down in the front Los Ala,mitos. Right at the intersection there to this subdivision so it will be extended from thattpoint east towards this development. Because the water line is already thece. IYs alrea~dy been extended down from Salmon Rapids to the south to Los Alamitos. ~~; ~~ Smith: I think that they ar'.~ referring to the southerly most entrance on to Locust Grove from Salmon Rapids No. 4. ;. Elg: Right. ~~ ~~ ,~ Smith: Which is near your'- ~~. Elg: Right, iYs almost right across the street from us. 1' Smith: northwest corner. .~ ~~ Elg: I guess the way that ~we read it, it sounded like we were going to have to bring the water line a quarter of a mile down, and we just wanted to make sure, just clarification that that wasn't the point. ~That wasn't the case. i' n ~; ~ • Meridian City Council ;~ February 3, 1998 ~, Page 13 ; ~ Smith: Right. That's corr~ect. ;a t~, Elg: Nurnber eleven. In the staff report there was a comment that one of the lots along the Eight Mile lateral was not included in this phase. And that's this lot right here. From what Becky has told me, ~we've still done the improvements along Victory Road, along that area there, but we did leave that Eight Mile lateral out. And as I discussed with Shari, the fencing will still have to occur. It doesn't change anything. There's no improvements fhat have to be made there. The only reason that did occur was that the owner was trying to negotiate a purchase of property, and in order to get the amount of property that he wanted on target for this phase, we had to leave that Eight Mile lateral out. It doesn'Y realty change anything. It's an open lot, and it will be platted in one of the future phases as an o~pen lot. And I think that Becky discussed that with Gary. I don't think there is anything - if there was some improvements that had to be made and it looked like we trying to~~'get out from something but we're not. So we'd ask that you exclude that requirement that we bring in that portion of the development into this phase. Number. seventeen states that the engineer shall provide square footage calculations on all lots on, the final plat. Which was done. A statement was included that the net square footage shall be determined exclusive as streets, highways, roadways, rights-of-way,9~ irrigation easements and land which is used for the conveyance of irrigation ;water, drainage water, creek or river flows. The Meridian Ordinance under section 2-410 AS states minimum lot size shall be det~rmined exclusive land that is use;c! for streets, highways, alleys, roads, rights-of-way, irrigation easements unless the water is conveyed through a pipe or tiled and included as part of the utility easements fhat generally run along the lot lines, and land that is used for conveyance of irrigation water, drainage water, creek or river flows. In the staff report, I believe that it stopped short of addressing the issue of covering the pipes, and what it's talking about is these lots'up along the northern boundary. You can see where this little green line, there is an irrigation pipe that's being put in there, a split pipe an open pipe that will take the drainage~'from the property to the north and convey it towards the Nine Mile. That pipe is being i'nstalled, - if you read the staff report at face value and don't go on to the ordinance,';t would say that we hav~ to leave that out, that 15 foot easement that's in pface there for that pipe, but as you read the rest of the ordinance, it says if it's piped, then you~ can include that area in the square footage of the lots. If we can't include the 15 foot, ; then some of these lots will fall short of the square footage requirement. So I've discussed that with Shari, and she indicated that the 15 #oot - since we are piping that we are complying with the ordinance and that could be included in the total square footage~, so we ask that you exclude that item. With that, I think that those are my only cornme ~ts. Pd ask that you address those four items. Rountree: You are generally in concurrence with the rest af the comments from staff. . ,, Elg: Yes. ~! Bentley: Mr. Mayor, I'd lik~e to hear from staff on his comments. ~: ~, ~~ ;i ~ Ji ~I ii {I i~ Meridian City Council • • February 3, 1998 ~~ ~, Page 14 i ;, ~i Smith: Mr. Mayor and Councii members, we concede on the Podunk Road comment. I think that was one of our g'eneral master copy comments that my associate put together for a presentation that he;made to an organization. On the item number eleven, i have had conversation with Becky Bowcutt, and we don't have a problem with the developer not including that length of the Eight Mile lateral with this phase. It would be required as the phases to the west ;; of this piece develop. The next one was item number seventeen. I guess as long as the piping - as long as the drainageway is piped, and as I understand it, it's a subsurface drain pipe. The area above the pipe is usable. That is could be considered as part of the lot area, unless there's something tricky about this under drain. Is it just perfo'`rated pipe? ~. EIg: Yes, from what I und ~stand. Smith: IYs perforated pipe so iYs laid in a bed of drain rocks and covered with a filtered fabric then it would functi ~. Was that the extend of the comments from the applicant? Thank you. ~; ~,. Corrie: Do you wish to make ariy further comments to the Council? , Rountree: Shari, do you have any other comments? a~ Stiles: Mr. Mayor and Council, I did not do comments on this final comments, but I would like the - I believe the preliminary plat comments in regard to permanent perimeter fencing and approval of all the landscape areas to be done before signature on the - well, approval of~the landscape areas to be before the signature on the final plat and bonding for that ,and also that the fencing be completed prior to applying for building permits. ~ ~!~ }~ Elg: In others words, Shari, just as stated in the preliminary plat conditions. Comments. , i. Stiles: I believe that was the same - those were the same comments. I~ Corrie: Anything Shari? ;i ~! Rountree: I have no more comments. Mr. Mayor, I would rnove that we approve the final plat for the Sherbrooke Hollow Subdivision subject to the conditions of staff. ;~ Bentley: Second. ~i ,, Corrie: Motion made by Mr. Rountree and second by Mr. Bentley to approve the final plat of Sherbrooke Subdivi'sion subject to the staff's comments. Any further discussion? All those in favor say aye. ~; ~; MOTION CARRI.ED: AI1 aye. ~~ ~, ~, ~~ Meridian City Council • • ~ February 3, 1998 ,; Page 15 '~ Z~ I; ITEM NO. 7: STREET UGHT AGREEMENT WITH EDMONDS CONSTRUCTION, INC. FOR PACKARD SUBDIVI,StON N0. 1: i~ Corrie: Council, do you have any discussion? Staff? !~ Crookston: Mr. Mayor antl Council, I have reviewed that, and it's fine. ~; Corrie: Any comments fro~ staff? i, Smith: I don't have any comments unless you have any questions as to what this is all about. ~~ ;; Anderson: I had a ques~ion. Is this standard to accept a street light that's not an ordinary one that we would put in? s~ Smith: Mayor and Council, Councilman Anderson, it's standard agreement for a developer installation of !a non-standard city street light. This street light is non- standard to the extent that Idaho Power - that the developer or the home owners association is going to be responsible for maintenance of the fixture, and those items as are spelled out in this agreement. And we've required the developer to do this on other subdivisions where they liave not used a standard Idaho Power maintained street light. (End of Tape) Idaho Power won't have anything to do with it as far as maintenance. They'll have to call an electrician to come and make the maintenance on it. And the City is not obligated other; fhan I don't believe - I believe v~e are paying the power on that? IS that correct, Way;ne? 2, Crookston: Yes, it is. ~; i; Smith: We still pay the power, but the maintenance of the fixture itself is handled by the home owner rather than Idaho Power because it s a non-standard Idaho Power fixture. :~ Anderson: So the on going maintenance and repair parts and things like, it's up to the home owners association; to find out where they can get those parts and purchase them? ii !; Smith: Yes, sir. E; 1 Corrie: Any further questions? Disaussion? ,~ Smith: Mr. Mayor, we wi~l,l keep records because we look at the fixture as far as the output, the light output. Lumens? And we've got specifications that we keep in our file, and we'll keep those on fite so that if a home owners association has problems with the fi~cture and they can't find;anything then we would have some information in our project i~ ;~ ~~ ,~ i~ ~', s • Meridian City Councii ~~ February 3, 1998 ~; ~ Page 16 ;; ~; file, assuming that they call us. And usually they will call if a light is out. The first thing they do is call City C1erk. ~~ ;; ~, Corrie: Thank you, Mr. Smith. No further discussions or questions, I will entertain a motion to go - ° ,, , ; Bentley: Mr. Mayor, I move we adopt the street light agreement for Packard Sub. No. 1, authorize the Mayor to sig"n and the Clerk to attest. ~~ Bird: I'll second that. !' ;~ Corrie: Motion's made by Mr. Bentley and second by Mr. Bird to have the Mayor sign. and the Clerk to attest ancJ to sign the street light agreement. Any further discussion? All those in favor of the motion, say aye. MOTION CARRIED: All aye. ~! a3. ITEM NO. 8: APPROVE BILLS: ~, Bentley: Mr. Mayor, I move we approve the bills. ~: ; Rountree: Second. !' '~ Corrie: Motion made by Mr. Bentley and second by Mr. Rountree to approve the bills. Any further discussion? All in favor of the motion, say aye. ~ MOTION CARRIED: All aye. ~~ ITEM NO. 9: WATER/SE'WE'R/TRASH DELfNQUENCfES: „ y~ Corrie: This is to ir~form you in writing if you choose to, you have the right to a predetermined hearing at;7:30 P.M., February the 3~d, 1998 before the Mayor and City Council to appear in person to be judged on the facts and defend the claim made by this City that your water, sewer, trash bill is delinquent. You may retain counsel. This service will discontinued on February 11, 1998, unless payment is received in full. Is there anyone present who wishes to contest the water, sewer, and trash delinquency? You are hereby informed that you may appear or have the decision of the City reViewed by the Fourth Judicial Disfrict pursuant to Idaho Code. Although you appeal, your water will be shut off and under;khe turn off list is $31,277.90. I will entertain a motion for the water, sewer, trash delinquencies. Rountree: Mr. Mayor, I move that we accept the delinquency schedule. ~~ Anderson: Second. ~j ~; , ,. ~~ j; ~~ ~' Meridian City Council February 3, 1998 • Page 17 ~; ,, i~ Corrie: Mofion made by Mr. Rountree and second by Mr. Anderson that we accept the water, sewer, trash delinq;uency shut off. All those in favor, say aye. ,, MOTION CARRIED: All aye. . ~~ ITEM NO. 10: APP0INTMENTS TO TRAFFIC SAFETY COMMITTEE: i Corrie: Council, I guess we have to take these individually. And we'll do is we have seven seats on the Safety Commission. Seats two and five will expire in one year in 1999. Seat three and seven in two years, in the year 2000. And seats one, four and six will expire in three years, "~2001. The appointments for seat number one is a Meridian Public Works. I give Gary Smith's name for appointment. _ Bentley: Mr. Mayor, I move we approve the appointment of Gary Smith #o Traffic Safety Committee. ~} +~ ~i Bird: Second. , !~ Corrie: Motion made and second that we approve Gary Smith as the Meridian Public Work's representative. Any further discussion? All those in favor, say aye. ~~ MOTION CARRIED: All aye. 4~ Corrie: The second seat is the School District No. 2. I will nominate Jim Carrberry for that position. ~~ ,~ Anderson: Mr. Mayor, I rriake a motion we accept Jim Carrberry for the School District representative to the Traffic Safety Commission. ;~ . Rountree: Second. ' ~~ Corrie: Motion been ma:de and seconded that we accept Mr. Jim Carrberry as the School representative in seat number two. All those in favor say aye. i MOTION CARRIED: All aye. Corrie: Seat number tFi'~ e is ACHD representative. And I will nominate Susan Eastlake, Commissioner of the ACHD who will in turn represent somebody from ACHD to take her place on that a~ a designee. , ~. . Anderson: Mr. Mayor, ;;I make a motion we accept Susan Eastlake as ACHD representative for the Traffc Safety Commission. ~; Rountree: I'll second: Meridian City Council February 3, 1998 Page 18 ~ Corrie: Motion made by Mr. Anderson and second by Mr. Rountree to approve Susan Eastlake as the ACHD rep~esentative in seat three. All those in favor of the motion, say aye. ~~, ,, MOTION CARRIED: All aye. I~ Corrie: Seat number foura is fhe police department, and I appoint Chief Bill Gordon for that position. i~ Bentley: Mr. Mayor, I moye we approve the nomination of Chief Gordon to the Traffic Safety Committee. j; Bird: I'll second that. Corrie: Motion rnade by~ Mr. Bentley and second by Mr. Bird that we approve Bill Gordon as the seat number four Police Department representative. All those in favor, say aye. ' ~ ~; MOTION CARRIED: All aye. rt Corrie: Seat number five is a citizen's seat. That will expire in one year. And the representative here nominated is Faye Buchanan. ~~ ~ Bentley: Mr. Mayor, I;;rnove we approve Faye Buchanan to the Traffic Safety Committee. 1' _ Rountree: Second. Corrie: Motion made tiy Mr. Bentley second by Mr. Rountree to approve Faye Buchanan in seat number;five. All those in favor of the motion, say aye. ~j MOTION CARRIED: All aye. I; Corrie: Seat number six is the second citizen seat, and I appoint Kevin Thompson. l; Anderson: Mr. Mayor, ;; I make a motion we accept Kevin Thompson as the representative for the Traffic Safety Commission. i ~. Bird: Second Corrie: Motion made by~ Mr. Anderson, second by Mr. Bird that we accept Kevin Thompson as seat number six. All those in favor say aye. ~~ MOTION CARRIED: All aye. 1~ i . • Meridian City Council ,~ February 3, 4998 g Page 19 ;; ;~ Corrie: Seat number se~en and last citizen is James Martin. I appoint him for seat number seven. ~! Bird: Mr. Mayor, 1'd like;;to make a motion that we accept Mr. Martin on the Traffic Safety Committee. ~~ ~ Anderson: Second. ~~ ~~, ii Corrie: Motion made by Mr. Bird and second by Mr. Anderson that we accept James Martin as seat number se;yen on the Traffic Safety Commission. All those in favor say aye. ! j a~ MOTION CARRIED: All aye. ;~ ITEM NO. 11: DEPARTMENT REPORTS: ~' Corrie: Shari Stiles first. {I ~ ~, Sfiiles: Mr. Mayor and Council, we've had a request from the Wild West Bakery to relocate their business over in fhe old Zamzov~s retail store on East 1 St Street. There is an existing Conditional ~Use that was granted to Cindi's Floral to operate there. Unfortunately Diane Tipton has suffered a stroke and is not going to be able to continue in that location. So I guess I'm asking the Council - we do have the ability in Oldtown to transfer Conditional Uses from one use to another use similar - although it's not exact - exactly the same there. We would make it a condition if the Council agreed that if they were to expand the busine~ss as far as actually cooking, preparing food or offering more than they are offering now; that they would go through the entire Conditional Use Permit process. The problem no.w is that they don't have any space. And also the visibility of that building is a problem;because of the traffic for Sunrise, and I just kind of wanted to get your blessing on that,l,: see if you see a problem with it. I think they do understand that if there is cooking involved, they are going to have to go through Central District Health Department. They;~may have to have a grease interceptor; those kinds of things, but it would be nice to tiave that building occupied and have it used as something besides a billboard for the; other Zamzov~s store. ,- f 1, Rountree: Can 1 provide a little input. I've talked to the owner, and she's indicated that really they want to do is pack up their expresso cart and roll it down the street and put it in at least half of the Zamzo~Ns store front. Maybe put a coat of paint on the inside. Maybe even a coat of pa~nt on the outside, and continue doing what they are doing presently at their existing;location. I agree with Shari if in fact it does expand to really become a bakery and/or restaurant then they need to be informed that they will have to go through a conditional use process. I personally don't have a problem with them just walking down the street and continue business. In fact ! think it would probabty be a plus to get something in tH~ t building. i I' i~ ;i ~l ~ ri Meridian City Council February 3, 1998 ~ J Page 20 ;~ ~~ Corrie: Is there any more comments? Okay, Shari, there you go. ,~ Stiles: Thank you. ;~ ~ Rountree: Shari, I'If go ah~ead and give her a call if you want me to. i~ Stiles: Okay, and if she wants to call me or - I~ Rountree: Okay. ~ ,~ Bentley: Mr. Mayor, do w'e need to make a motion on that? Corrie: No. It's a staff decision. She was just asking for conversation with Council. Shari, do you have anythiiig else? Stiles: That was it, than Smith: 1'hank you, Mayo~~ and Council. I've got three items. One of them I think you have a copy of is budget ~line item adjustment for Parks Department for the fiscal year 1998. The first item is i~account 438.10-34 equipment and supplies. We want to separate this account line' item into three additional accounts for better control - cost accounting control of equipmenf and supplies, and those are listed as office supplies at $1,000, shop supplies at $1,000, and restroom supplies at $3500. So the end result is that existing account line item will be reduced in an amount of $5500. Second line item would be the existing 438.10-60 vehicle expenses, $6,000. We propose to transfer $2,000 from that account~to a new account for fuel. Third item is existing account 438.10-50 spring. We wo,uld rename this account as turf, fertilizing, weed control. And we would transfer $2,0OO;~from this account to a new account for Cox Field, and that would be a clean up amount to final that project. And then the fourth item would be the tree maintenance of downtown-in downtown. 438.10-59, we would transfer $1,000 from that account to a new account for purchase of flags. So there's no change in any money other than we are separating funds into new account numbers for cost control - cost account. And I have shared this ir~formation with our new Parks Director, and Tom is aware of that. ;~ Corrie: Council? Bird: I think it's great. Rountree: No problems. ~{ ~ Rountree: Mr. Mayor, I move that we accept the budget line item adjusted as presented by Mr. Smith. ~,' :, . ~ ~ Meridian City Councif '~ February 3, 1998 Page 21 ~~ . l, Bentley: Motion made by Mr. Rountree and second by Mr. Bentley fo make the adjustments as requested,; by the Parks Department. Any further discussion? All those in favor of the motion, say;;aye. ~; C+ MOTION CARRIED: All aye. i~ Smith: I just happened to think, I hope I didn't step out in front of our Parks Director because I- he's here tonight. And he's probably here for this. i~ ~ ~ Kuntz: No. ;; ~~ Smith: Oh, all right. Second item I have concems a smalt project out at well #14 on fencing of our emergency generator that was installed; and I'll pass out the proposed agreement to you. Well± #14 as you may be aware is at one of the entrances to Meridian Green Subdivision on Southeast 5th. When we bid the emergency generator project to operate that facility under loss of power, we included the fencing, security fencing around the gener',ator, and the bid prices that came in were exceptionally high for that fence item. So we removed it from the bid schedule for that contractor with the anticipation that we would do if later, and we would it independently of that contract. The last page of this agreement, Exhibit "A", shows the description of the work items and the total price that's tieing bid by Meridian Fence Company. And my assistant City Engineer, Brad Watson, solicited I believe three different fence companies for prices, and this also includes bePming on the back side, on the east side of the lot along with some sod. And we had to~`move some sprinkler lines and heads. I wish I could tell you what the bid price was originally, but it was considerably more than this, and I'm thinking in terms of it was close to;$50 a foot for the fence. It was just astronomical. Bentley: Nice work if you ~can get it. ~ Smith: Yes, sir. So t~haYs why we struck it immediately from the project, and readvertised it. So with fhat said, if you have any questions, I'd be happy to answer them, and otherwise I'd request your approval so that we can award this to the Meridian Fence Company in the am,ount of $4,330.92. Rountree: Mr. Mayor, I m~ove that we approve the agreement for the construction of the fence, authorize the Mayor to sign and fhe Clerk to attest. ;, i; Bird: Second. ~~ , I.~ • Corrie: Motion made by ,Mr. Rountree and second by Mr. Bird to accept the Meridian Fence Company's bid at $4,330.92. Any further discussion? Also in that motion for the Mayor to sign and City Clerk to attest. Any further discussion? All those in favor say I aye. ~ i; MOTION CARRIED: All aye. r~ „ ;~ ~~ ;~ :~ , ~; ,~ Meridian Cit Council ~ ~ Y !l: February 3, 1998 ~ Page 22 ~ ~ I~ Smith: Thank you, Mr. Mayor. Thank you, Council. The third item that I have has to do with our temporary quarte,rs at the remodled high school on Carlton. And I'll pass this out. It concerns out telephone service over there. The proposal is from the Telephone Exchange, Incorporated. ~, That is the company that installed the system at City Hall building. It's a Toshiba system, the same as what we have here with the voice mail system. And the first sheet is a list of the components and the quantities of each, and the second sheet is the; price submittal by the Telephone Exchange. We would anticipate that the split of~'this cost would be about 70% Public Works and Building and 30% Planning and Zoning. And this is a similar system to what we have here at City Hall now. 1~ ~i Bentley: Gary, are these phone systems going to be able to interlock or whatever? They dial in here, can we transfer over? ,~ Smith: Interface from City Hall to - i~ Bentley: Yes. ?~ ~j Smith: 1 don't know. .;I didn't have conversations with their representative. I'm assuming that we are just;transferring our number over there, and .that we should have access to City Hall by extension, just like we do right now from office to office. I would hope that was the case. +~ !~ Bentley: I would too. ~' ~~ Crookston: It was my understanding that that was not going to be the case. i' Smith: It's not the case? ;~ ., E! Crookston: That was my ;understanding. That you couldn't transfer from City Hall over to the old school. That wa~ my understanding. ia Anderson: Do you have a,separate number from the City? ~ Corrie: You have your ow~ number. Smith: Yes. We have ou~~ own number separate from City Hall. Correct. I assume we would keep that number. `;' d Crookston: I would hope so. ~~ Corrie: further discussion, comments? i~ Rountree: Does this consi;der transferring any existing (inaudible) that you have? i'~ A; i° ~. Meridian City Council ~ • February 3, 1998 ~j Page 23 ,' 1~ ;~ Smith: No, it doesn't. Wesre leaving phone for the attorneys. them, but they are staying;here. ,. 3; Crookston: Not. ±i i~ i Smith: . Yes, sir, we will bill the City Attorneys $16;486.00. ; ~, Crookston: Maybe you didn't hear what I said. ~; E;. Rountree: We'll work that':out. i` Corrie: Any further comments from the Council? !~ t: Bird: I have none. ~ ~j Rountree: None. ;i ;+ ,, Corrie: We'll need a motion for that, yes. We are charging them for ;, Bird: I move that we accept this motion from Digital Telephone System for the Public Works and Planning and Zoning new office space at the old high school. ~j Bentley: Second. ~ i; Corrie: Motion made by Mr. Bird and second by Mr. Bentley. All those - any further discussion? All those in f!~ or of the motion say aye. MOTION CARRIED: All aye. ~j ' Corrie: You'll work out the particulars. i~ Smith: Tfiank you, Mr. Mayor. Thank you, Council. Do you have any questions of any of our projects that I might~answer at this point? Bentley: Is the grass in? Smith: No, sir, not yet. Corrie: More important, a'r'e the bathrooms in. ~~ Smith: My assistant engineer, Brad Watson, had conversation with Jeff Hull at St. Luke's concerning the turf~out there, that they are going to be removing to facilitate their phase two expansion, and there are several problems. One is timing. They're in the finro to three week mode, as I understand it, to remove that turf. And we're in the two to Meridian City Council • • February 3, 1998 b' Page 24 ;~ three month mode to put tjurf in to Tully Park. So there's a timing problem. Second part of that had to do wifh the type of grass that's out there, and according to Jeff Hull it's an athletic field turf. Brad talk'ed to Cloverdale Idursery concerning the possibility of a swap where Cloverdale would take that turf at this point to utilize it on some of their projects, and give us credit for futu~e installation of turf at Tully Park. They weren't interested in doing that because it is an~athletic turf and also they were a little bit concerned about it's condition and what it was'going to be like when they picked it up and cut it and rolled it. So it doesn't look very favorable to utilize that sod that's out there for our use. Rountree: I appreciate you exploring that. 1 believe they are going to use it and make some more space out there myself. Smith: I think they were;~going to move it on-site to facilitate more athletic field right there, that was my unde~,standing. So, iYs not a loss. Is there anything else I can answer for you? ~ ~~ Rountree: Thank you Gary. ~a ,a Gordon: Mr. Mayor and Council, I've located some more grant money, and 1 would like some direction as to appl'y',ing for it. There's two projects that I would like to undertake, and one of them is the pu'~chase of a Introxilizer 5000, which is a breath machine used on drunk drivers. Presently we are required or we have to take anybody we arrest or stop for drunk driving clear down to the county, the sheriff s office to give a breath test on them. I would like to purchase a machine with the grant money and put it here in Meridian. It would not only save us time, but it would us to keep our officers within the city limits instead of having them go clear downtown Boise to administer tests. That grant totals $7,361.22, and iYs through the Idaho Transportation Department. It is federal funds, but it's a state grant. Another advantage to that would be county deputy sheriffs and also state police would have access to this machine on this end of the county also. They presently - anybody they pick up out here, they have to take them clear downtown. The second grant is to purchase two brand new motorcycles - not motorcycles - bicycles. ~~ ~ ,~ ~ Bentley: Hey if you can g~ finro motorcycles for that price, jump on it. Gordon: Victoria already gave me the b~st spread I've had since I've been o~ce, so I'll the motorcycles alone. The bicycle patrol that we have, we've been running for three years, and iYs an extrem`ely accepted program and iYs really given us a lot of good publicity plus we're doing a lot of work that we weren't able to do out of the cars. We're presently using bicycles ojut of the lost and found that aren't claimed. We use them for approximately a year, two years. They take a real tough beating. And then we turn them over. These bikes a~e designed to take the beating. For finro bicycles the cost is $2,900.00. These are 100% grants, there's no match. They are one time equipment purchases, and there's no;`strings attached. ~, i; ~~ ~~ }; i; ,; . ~~ i9 ;, • ~ Meridian City Council j~ February 3, 1998 ', Page 25 ~~ i~~ Rountree: Do they come with training wheets? ~~ Gordon: Yes, sir. They±; are not Kawasaki or Harley Davidson with training wheels. They're just training wheels. a: Corrie: Any discussion with the Chief on the two grants requests. F, ~ Rountree: I guess my comment would be, Mr. Mayor, if they are 100% presume. ~ Gordon: That's all I had. ~i 9; ~, Corrie: Tom from the Parks and Rec. Director. Has everybody met Tom? ~~. , ,; Rountree: I guess before': we get him up here, I'd like an opportunity to introduce Tom Kuntz to the folks in the audience that haven't met hirn and to the Council if you haven't had an opportunity to stop in and talk to him and welcoming on board to the City of IVleridian as a Director of Parks and Recreation. He's had a busy few days. He's been here for less than a week, and he's very seldom off the phone, I see. He's already established. ~ ~, ~; Corrie: Boy, my phone doesn't ring near as much as his. Thank you, Tom. !; Kuntz: I appreciate being here and looking forward to working with the Councilman, Mayor upcoming projects". Just a little housekeeping matter. I know that Gary is planning to leave his phone at no charge to the City Attorneys. And I know that the City Attorneys right now are fioused in what will be our Parks facility. I just want to make sure that expense is coming out of the attorneys' budget and not out of my parks' budget. ~i i; Crookston: And maybe you didn't hear what I said earlier. ;, ; ~. Kuntz: Thank you. We'll work it out. ~1 Corrie: I believe that's an;administrative problem and I think you've got it. ~~ a~ Crookston: IYs interesting.but in the City of Meridian, the City Attorney has veto rights. ~; Corrie: I believe you are o~ut of order on that. Crookston: Too bad. Corrie: I assume that th'e Counselor has said his piece, but do you have anything, Wayne? ~i ~ Crookston: I just have one, and I don't want anybody taking money out of my budget. ;~ j~ I, , 'i • G' Meridian City Council ~ • February 3, 1998 '~ Page 26~ ;~ Corrie: Mr. Bird. Bird: I have nothing. Corrie: I'm going to bypass Mr. Bentley. He had a big long list when I saw him, but I guess I better recognize you, Mr. Bentley. di Benfley: First off we've tieen discussing at the last meeting conceming some budget adjustments for the polic'e department, and I would like to pursue some motions on these. One is for the Regio Sprinter overtime. I move that we do a budget adjustment in the amount of $8,323.38. ~~ Rountree: Second. j~ ~; Corrie: Okay, motion is amade and seconded #o the budget adjustment of the Regio Sprinter to the police department. Is there any further discussion? 1i Rountree: Just a point that that money is coming from the federal grant payoff that the City has paid in full and finally been reimbursed for. ;~ Corrie: Any further discussion? All in favor of the motion as read. MOTION CARRIED: All aye. ~~ Bentley: Secondly, the discussion we've had on the temporary structure for the leased building. We talked and discussed this with all the Counselor, not with the Counselor, but all the Council, and the~ lease - Chief, is that amount still correct? bi d Gordon: Yes, sir. I# is. ~! 1~ Bentley: The lease for ttie building - are we still going to go with two or are going to look at three or two with an option for a third? ~ i; Gordon: Just two. ~; ~~~ Bentley: The arnount of that lease was $24,930.00. Motion to approve that. 'j Rountree: Second. ~ ~~ Corrie: Motion to the $24;930.00 and the finro trailers. Any further discussion on fhe finro year lease? Hearing none; I will entertain - all those in favor, say aye. ~' ~, MOTION CARRIED: All aye. ~~ ~~ i ~~ ~, i' i ~, i~ ~ Meridian City Council ~ • February 3, 1998 ~~' Page 27 ~~ ,; ~ Bentley: The third one is~3for the accep.tance of the federal grant for the two additional officers in the amount $16!;425.56 would be our portion we'd have to pay. Bird: Is that for a three ye~ar period, Chief? ?~ Gordon: Yes, sir, it is. ~~ 1~ Bentley: No, that amount is for the first year. d': Gordon: I'm sorry, yes, the $16,425 is 25% wages and benefits for the first year. ~i ' ~~ Bird: Then it goes down to 50 and then 25. ~; Gordon: And then the fourth year we- f; Bird: Two a~cers? Gordon: Yes. Two patroli'o~cers which would be on the street. i? Bird: What does fhat bring our patrol officer count to? Gordon: Twenty nine. ?~ ;, ~~ Rountree: Mr. Mayor, my; question is there money in the budget to accommodate that increase? ~~ Gordon: My budget? No, ?sir there is not. ~ Bentley: Did you second that Keith? ~ Bird: No, I didn't know the~e was a motion. ~~ ~~ Bentley: Okay, I make the motion. i~ Corrie: Have you made ttie motion? ~ Bird: I'm sorry Glenn, I didn't hear you. I was just talking. ~~ Corrie: 1 have a motion o'n the floor and a need for a second. Motion dies for lack of a second. ~~ i Bentfey: Mr. Allayor, I would like a discussion as to why there's no second on this. We have a on going need to keep adding additional officers, and the fact that we are sitting here with a chance to get~two officers for $16,000 on a diminishing scale, and with the budget restrictions we are1~faced, I think iYs definite need to keep this grant in place. ~ ;a ~;. ,~ 3; ,; - i' g, . ~; I: i~ Meridian City Council ~ ~~ February 3, 1998 ~~ Page 28 aa ii Rountree: I might comme~nt to that. I recognize the availability of federal funds on this particular grant, as you ;:say iYs diminishing at some point in time in three years specificaily, the City of Meridian has to pick up the full tab. Right now there's not money in the police budget to cover the entire cost of this, for this remaining fiscal year. We do have some other 'items that may have to come out of the general city account, specifically negotiations with the fire department of which we don't know what's resolved at this point. My position~is until we are a little more clear fiscally, I'm not interested in extending any more general fund revenues to department specific budgets. Corrie: Is there a time limit on this Chief as far as acceptance or rejection of the grant? i~ Gordon: Not to my knowledge. We would have to start drawing on that first year within this fiscal year. s' I~ Rountree: So we have until October. ~ "i i; Gordon: Don't quote me Councilman Rountree. I'll have to check and get back to you. 1've never - the last one we got last year, we jumped on immediately and we put them on January 1~. We rece~ived notification December - about the end of December on these so let me check and get to you. Ej Rountree: And I guess my final comment is that I don't mean to foreclose this Glenn. I think at this time I think we~all recognize the uncertainty of what we are facing with some of our negotiations. I certainly, my position would be much more comfortable for - ~ Bird: I concur with Charlie. I think once we get this other thing settled, then I would certainly listen to it. ~~ Corrie: I would add that you are probably $16,425 ahead if we - by the time we have the money. I think we better look to make sure we do. ~, Bird: Yeah, 0 agree with y'ou, Mayor. ~ Bentley: Next, I need to address this issue of the check we received. Are you going to put this into the Chief s account? Or is it going to general funds? What do we need to do with this pay for last year? ,i Rountree: I guess I have~a question on that. Was that cost of that grant taken care of out of your budget and no~;additional adjustment by either the city's general budget or a line item adjustrnent. ,? Gordon; Yes, sir, it was. !~ . S! ~~ Rountree: It was totally out of your budget, fiscai '96. Meridian City Council Februarv 3. 1998 Page 29 ~ Gordon: Last year I budgeted for the two additionat grant people in anticipation of receiving the grant, and where I fell short was the revenue back from the grant. So the money was in my budget~last year for total cost of the two officers. Does that make sense? ~; , i- Rountree: And we are pr;oposing to pay for the lease and the Regio Sprinter overtime with that money? ~~ w; Gordon: The Regio Spcinter I believe was out of the federal grant was it not? ~; Rountree: Right, as. well as the lease monies. ~; Corrie: The $24,930. ~!~ ~ Rountree: Coming out of ~hat same money? Gordon: The $24,930, I jdon't know where you are coming up with that. I don't think you stated yet - ! i, , Rountree: That was my p~oint. ~. Gordon: I asked that it be;taken out of there. ;r Rountree: Are we going to do a budget adjustment for just those two amounts and put this check for $39,000 plus in the general fund or are we going to roll this entire $39,897 into his account. ; ~ a~ Gordon: Into the police budget. I~. Bird: Mr. Mayor, I think you put that into the general fund and then do a budget adjustment, wouldn't you on that? For those two items? ~; Rountree: Makes sense to me. ~~ Anderson: Mr. Mayor, I'd;;like to make a motion that we put the $39,000 in the general fund and reimburse the police department in their budget for the other two items, the overtime and the portable~~ ~~ Rountree: I'II second that<~ s; ~~ Corrie: Motion made and'second that we put the $39,000 plus in the general fund and take out the $24,930 and' overtime back to fhe Chief s budget. Discussion? Hearing non, all those in favor of the motion say aye. Meridian City Council February 3, 1998 Page 30 • MOTION CARRIED: Three aye, one nay. ki v~ Bentley: Just a reminderj to you, Mr. Mayor, do you have a department head meeting tomorrov~? ;' „ Corrie: At 9:00. Bentley: Would you discuss the pager issue with the department heads the Chief mentioned? Our capability? Chief, would you re-explain so the rest of the Councilmen can understand? ~ ~; Gordon: The computer system that we purchased for the dispatch center also has the capability with a equipment addition to run a pager system which could accommodate the City. Presently law enforcement, we get our pager service free from the County as long as it's law enforcement function under the 9-1-1 money. The rest of the City is working on pagers from different accounts to my knowledge everybody has a different business. They pay a monthly fee too. There is the capability for the City to take over its own paging other tharnfire which would still be through the fire center. ~~ Bentley: And the cost I tfi~ k is what, $2,000 just to get the software? 3, ~ Gordon: Yes, roughly. ~; Bentley: And then there!:s no monthly fees. You just buy your pagers, they program them. There's no monthl,y fees involved so it would save quite a~ bit of money for the City doing that. ;; ia Corrie: Do you have a cost of the pagers at all? Or do you know right off hand right now? ~~ ii ; Gordon: Just a guess. They are approximately $175 to $180 a piece. I think the rental fee runs anywhere from $19 a month to $25 a month depending on the service that you want. ~; Corrie: But we won't have to do that. ~ i; ' Gordon: Correct. That's 'what we would eliminate would be the monthly fee. Zi d Anderson: Are the other departments renfing theirs, or do they own them? ~; I~ Gordon: Councilman Anderson, I'm not sure. I think that they do. (inaudible) i, Anderson: So those would just be, I guess lost at this point. They wouldn't be worth anything if we went to this new paging service, or can cap codes be changed and fhose converted over'? ~ ~ ~ ~, i; i~ Meridian City Council • • February 3, 1998 ~~ ~. Page 31 ' ^ ,, ~; ~; Gordon: I believe so, Councilman Anderson. We would have to check into that, and that's why I think maybe=:; if the department heads were to kind of polled to see just exacfly what we're using, ~and how it would fit in. I think I coufd give you a better figure on cost. But that would~ also provide pagers for all city employees or the service available. ~a (: Anderson: So the console work would be roughly $2,000 and then we have to do an assessment of the pager situation, find out how many we have and what the actual cost would be for them. ;i ~; , Gordon: Yes, sir. ~; ~~ Corrie: And I will take that up. I; Bentley: Second, I'd like to see us set up a special planning meeting for the purpose of discussing facilities planning that being City Hall, fire and police movement for buildings acquisitions and buildings. I think we ought to get busy on this~ as quickly as possible. I'd like to see the meeting structured so it's just the one specific item, and set a time limit and just sort of get some ideas out on the table and get a schedule together and a plan put together for building for the future. §~ t Rountree: On that point,~~we could add the agenda for hhe next planning session this month just hold it to that which would be - yeah, the 24 . Do you have a space plan from ZGA? ~~ I; Bird: Is that the one that WalYs got? ~; Rountree: Everybody should be geared up for that so let's just plan on having that - unless we get some surprise visitors. At this point establishing that as the agenda topic as I agree with Glenn. That's an issue that we've got to do some planning on. "~; Bentley: I think everybocly got the notice in the box about the Franklin Bridge. That should start the interestirig seed as to what traffic looks like a few years from now on East 1St Street when they ,close that road down. We gave - did the two new councilmen get a copy of the Cell Ord~nance that Shari and I had been working on? Cellular Tower Ordinance? ~; Rountree: Yes. Bentley: If you can look that over and if you got any corrections or stuff or interest on things that you need to put in there, would you put those in and we need to get cooking that one and get it ready to fly. Where are we at on the tax exempt status for donations? ~ ii ~~ ~~ Meridian City Council ± ~ February 3, 1998 ~; Page 32 ' ~i Corcie: We were talking about that today. Who was I talking to? Rountree: Bob, you and I were talking about that. From the City standpoint, the generations plaza, is that a committee, special committee that was put into effect the first of January. Two members of that group are pursuing that. Terry Smith and Laura Holst. I don't have any specifics at this point, but that's an item thaf they are going after and going to get us some~direction. We do have that input letter from Troxell Hawley. And if we're going from that point to try to get the 5013C status. ~; Corrie: (inaudible) on that~ one too. s, Bentley: And last the ICRMP loss control, how are we doing with that? Are we doing anything with that? ~~ ~, Corrie: Say again? ~' i~ Bentley: The ICRMP loss~control. ,; Corrie: I was going fo talk to the City Clerk about that this afternoon, and 1 had an interview for that, but it's b'eing taken care of now. The audit for us. ( inaudible) a~ Bergc Excuse me, do you;mean the inspections? Rountree: Inspection results. ~ Berg: We had finro inspections. One was from the State Building Safety Division and one from ICRMP, and we've been complying to all their requirements. In fact I got written responses to tum back in to the Building Safety, and ICRMP loss control, a couple of their concerns ~:were more in the loss control of preventiveness which I've talked to Tom with some?liabilities of the parks, and they are going to have a seminar with those employees, and then defensive driving with the fire department. They are going to do some training~;classes, and they have contacted Chief Bowers, and that was the two big points they wanted to (End of Tape) i; Rountree: -- ACHD meeting coming up is it next Monday? Bentley: IYs Wednesday,fthe 18tn , Rountree: 18"'. ACHD m;eeting. ,. Berg: The 19th, it's a Thu~sday. Bird: Is it Thursday? It's the 19~' Berg: I believe it's at 4:00± 19th, Thursday. • • Meridian City Council ~ February 3, 1998 ~ Page 33 i' i; Rountree: And get those comments to Will so we can get - i. ~, Berg: I haven't received any yet. a Rountree: I've got a couple. ~ ~~. Bentley: I have one for you. The stretch of Locust Grove that they are going to change the name on where Oak Harbor - ,, Berg: It's already change ~ Bentley: Okay. Anyway;~ the sidewalks were put out in the traffic lane, and I do mean in the middle. Are they planning my question or even aware that the sidewalks are out there. ~, 1~ Corrie: I don't - 6~ ~, Bentley: Did you drive in the left turn lane now/? , Corrie: Keep that thoughf~ we'll give it to them. l~ Rountree: Well, you know that is an item for discussion. ,: Berg: What intersection is~ that close to? Pine? ;; ~: Rountree: Nola and Pine! Berg: Pine. ~j y Bentley: Pine and Locust~!Grove. I; Berg: Nola. Thanks. ~± middle of the soufhbound on narrowing the road, is Rountree: The other reminder is getting your comments on the fiscal can get those coordinated'with - i, Bentley: Plot the physical;~ordinance. Anderson: Fiscal. s~ ~ ~~ Rountree: Let's get this coordinated with Counsel. I think that's all I we with the audits? Sorry I mentioned it. I'll go on to the next remembered. i~ !; ~~ „ ~~ , i ~; I3 1~ ordinance. So I had. Where are one that I just i, Meridian City Council ~ • February 3, 1998 ~~ i Page 34 a 1~ Corrie: 1 understand that they are suppose to have it this week. But we said that six months ago. It's in the printer, so I'll find out tomorrow. I'm sorry. I haven't been following that one. i~, ,; Rountree: Wayne, what's the status of the president, vice president ordinance? Has that been signed and in e'~ect? „ Crookston: It's been published. ~. Rountree: It's been publi~shed? 1 would ask the Mayor along with this next question, I believe there is some additional appointments you wanted to consider this evening, so at that time, will you have~an election for vice president for Council. With that I'm done. ;~ Corrie: Council, I have two appointments in the Planning and Zoning Commission, and also finro re-appointments ~~n the Parks and Rec. Commission. It's due up for '98. In the Planning and Zoning Commission we have seat one, which is Byron Smith. It expires this year and Mark Nelson also expires this year. So I've talked to both of them, so I would for seat number one, I would re-appoint Byron Smith for a term of six years. ,~ Rountree: Mr. Mayor, I move that we accept the nomination of Byron Smith for seat number one on the Plannii~g and Zoning. 6, Bird: I'll second that. ~j ~~ Corrie: Motion made by Mr. Rountree and second by Mr. Bird to accept Byron Smith seat number one for a six ~year term. Any further discussion? All those in favor say aye. ,; MOTIDN CARRIED: All aye. ~~ Corrie; Seat number three is Mark Nelson is up for re-appointment. At this point would re-appoint Mark Nelson fo~ six year term. ., Anderson: Mr. Mayor, I m~ke a motion we re-appoint Mark Nelson for a six year term to the P & Z. ; ~ ~, Bird: Second. ,; i~ Corrie: Motion made by Mr. Anderson second by Mr. Bird to re-appoint Mark Nelson for a six year term. Re-appointment of Planning and Zoning Commission. Any further discussion? All those in favor say aye. ~a MOTIDN CARRIED: AI1 aye. ~~ Corrie: The second one is for fhe Parks and Rec. Commission, and I apologize Tom. I didn't give you these finro people like I should have discussed this with you, but they got ~, ,: ~i , , ~, ~~ ~i ;; i' • Meridian City Council . ii February 3, 1998 ~~ Page 35 ~a ~~ a general member that is4~due. Tammy Deweerd is president at the present time. Her term is up, and it's a three; year rotation. So at this time I would like to submit to Tammy Deweerd as the general member for three year rotation. ~ Bird: Mr. Mayor, I would make a motion that we appoint Tammy Deweerd as a commission member. !; Anderson: I'd second it. Corrie: Motion made by ,IVIr. Bird second by Mr. Anderson that we appoint - re-appoint Tammy Deweerd for additional three year term on the Parks and Rec. Commission. Any further discussion? All those in favor say aye. , MOTION CARRIED: All aye. ~~ ~ Corrie: The second one is the Western Ada Rec. District. We have Sheri Baker. And I apologize. I didn't have = call her. I didn't get in touch with her. But I assume that she will continue with that, so I would re-appoint Sheri Baker for a three year term with Western Ada Rec. District~' , ~ Bird: Mr. Mayor, I make ~a motion that we appoint Sheri Baker to another term on the Parks and Recreation Commission. Anderson: Second. Corrie: Motion made by;; Keith Bird and second by Mr. Anderson that we re-appoint Sheri Baker as a representative from Western Ada Rec. District to the Parks and Rec.'s Commission. Further discussion? All those in favor say aye. ~, MOTION CARRtED: All aye. ; i; Corrie: Plf entertain a mot~on for vice president of City Council. Bird: Mr. Mayor, I'd like to nominate Glenn Bentley as vice president of our City CounciL ?~ Rountree: Second. i~ Corrie: Motion's made by Mr. Bird and second by Mr. Rountree to nominate Mr. Glenn Bentley as a vice presid;ent of the Council. Any further nominations? Nominations closed. Any further discussion? All those in favor of the motion, say aye. MOTION CARRIED: All a`ye. ~~ Corrie: You had your chance Glenn. Glenn is vice president. ;a ij 1' /• • Meridian City Council ~ February 3, 1998 ~~ Page 36 '~ 1 . i Bentiey: Thank you gentl'e~men. ;~ Corrie: Congratulations. ~~ 1~ Rountree: Condolences. ; . !~ Corrie: That is all I have for this evening. How about you, City Clerk. ;; '1 . c~ Berg: My one and only item was on the agenda which I would recommend fhat some of you guys, if we have som,e discussion items, let's try to get them on the agenda so that if the public wants to liste~`n to them, they can be here to listen to them. But my item concerns a beer and liqu'or license that you received in your packet for Rockets. The police chief was very prompt in getting his research done, and has approved both these licenses, so I just need your approval. ~ ; Bird: Just one motion. ~ a Berg: It can be one motio'n just to clarify the liquor license covers wine. So in case you think we have to have thre'e of them, we don't we just need to have the two licenses. :~ ~, Bird: The beer covers the' liquoc, don't it Will? ~~ Berg: No, the liquor cover;s the wine. .~ Bird: How come you can iget beer and not wine but not liquor. , . ~` Berg: You can have a be ~r license or a wine Iicense. ~ ~ Bird: I thought you could have beer and wine together, but not liquor. f~ Crookston: Because there's more alcohol in wine than there is in beer. i~ Rountree: Mr. Mayor, I move that we approve the beer license and retail liquor license for the applicant, Rockets~lntergalactic Diner. '6i Bentley: Second. ;; Corrie: Motion made by Mr. Rountree and liquor license and also wiiie and also beer. say aye. `' ~, MOTION CARRtED: All a'ye. ~~ second by Mr. Bentley to accept the retail Any further discussion? All those in favor, t; F; ~ Ij , ;1 _ Meridian City Council ~ ~ February 3, 1998 ~~ Page 37 ~ ; Bentley: Just one point. ~ I'm stilt waiting on some figures on the fire budget that we've been working on. And as soon as I get that, I will notify everybody and we'll get that meeting set up to hopefully clean tFiat up and pass it on to them for their acceptance. Hopefully, say Tuesday, tiopefully within the next couple of days, I'll get it. And what we might want to do is keep Tuesday night in the back of your heads open just in case we can get together to review~that. I know P& Z is probably in here, but we can go to our new office. ~~ ~ Corrie: If it happens so, ;we may have a special meeting of the City Council Friday at 4:00 or 5:00, it doesn't m~atter of about two minutes to cover one item. I don't know whether we are going to gef the Planning and Zoning to have their meeting yet. We are looking for a quorum. So it will depend upon that and noticing for the police department. So be ready for that - ;~ ~ 1 Bentley: If iYs early, then; you know I will not be here. So we need to make sure that three of you are - that the: other three can make it. Unless you set it for about 6:30. li Corrie: We can set it for anytime. So it will take about two minutes. Again any further come before the Council?~~I will entertain a motion that we adjourn. Rountree: So moved. '; , Bentley: Second. ~~ ,' Corrie: Motion made and,;second that we adjourn at 9:20 P.M. Alt those In favor, say aye. ~~ ~; ~ MOTION CARRIED: All aye. ,~ t~ Meeting adjourned at 9:20`P.M. i~ (TAPE ON FILE OF THESE PROCEEDINGS.) i~ i, " APPROVED: i' ~' ~ ~ i: - ~ " ~RT D. ATTEST ~; `~~~~~~~a~m i<<~ ' . '' ~ `````` ~~ ~ ~i~~'y ~ .'C ' ~ SS •` ~~ '}3 ~'~ ~ ~ ~ ~ l; _ ~ : 2 ~~ ~ ILLIAM G. ERG, JR C,I CLERK ~ ; ~~, .~ ~ , ~, :~~9~ ~T~~.~ ~ ~~.: ~ 7 i ~ •,',~~~~iC ~Y . ~P~~~`\`• ROLL CALL: RON GLEI MAY~ MINUTES OF 1 ~NDERSON CHARUE ROUNTREE IV BENTLEY KEiTH BIRD iR ROBERT CORRIE~ MEETING HELD JANUARY 20, 1998: ~rn~ MINUTES OF 111iERIDIAN CITY COUNCIURURAL FIRE COMMISSIONERB HfLD &~ JANUARY 22, 1998: . a~rvv~ j; MINUTES OF MERIDIAN CITY COUNCIURURAL FIRE COMMISSIONERS HELD ;' JANUARY 23, 1998: Q~~-ov~.e~ ~ ;~ . MtNUTES OF MERIDIA,N CITY COUNCIURURAL FIRE COMMISSIONERS HELD '° JANUARY 27, 1998: ~~n„~e~ I~ 1. TABLED JANUARY 20, 1998: REQUEST FOR INSTALLATION OF SEPTIC 2. 3. 4. 5. 6. 7. 8. SYS~EM FOR A WAREHOUSE BUILDING BY MCCALL PROPERTIES: ~~.~C ;~~~ ~,~ ~ ~~ ~~~~ `~.s TABLE~ JANUARY 20, 1898: ORDIN NCE #786 - ETHICS ORDINAN • ~'~pi~o ~.e ~- wi ~'!~- G~ vre r-f~ ~n.s C E. TABLED JANUARY~6,1998: COVENANTS, CONDITIONS, RESTRICTIONS FOR TURNBERRY SUBDIVISION: ~'~;r~o,~~ i,~i~'~c.- correGh'~r TABLED JANUARY, 6, 1998: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR ASHFORD GREENS SUBDIVISION BY BRIGHTON CORPOFtATIQN: ~ ~i~.~~! ~ ~~ ;~'~e li~-~-e . ~ /cl j ~ fiz~ - PUBUC HEARING~ PREUMINARY PLAT FOR TEARE COMMERCIAL SUBDNISION BY ,~ RON VAN AUKER - NW CORNER OF TEARE AVENUEIOVERLAN.D ROAD: ~j~r~`; ~e ,~,~~- REQUEST FO FINAL PLAT FOR SHERBROOKE HOLLOW SUBDIVISION BY GEM PARK II - EAST SIDE OF LOCUST GROVE: ~~ ~ V~ STREET LIGHT AGREEMENT WITH EDMONDS CONSTRUCTION, INC. FOR PACKARD SUBDIVI ~ION N0. 1: ~ q~ pY-o v..c~ APPROVE BILLS: ~' ~ ~I~ '~ .. ;, ;; ~, a~ ii ~ ~ ~ ~~` MERIDIAN CITY COUNCIL ~~ ,~ ,, ;; " AGENDA i; ~ . ;' . TUE~DAY, FEBRUARY 3, 1998 = 7:30 P.M. ~` CITY COUNCIL CHAMBERS ~ }, ' ~ ~ • t 9. WATERISEWER/TRASH DELINQUENCIES: ~~2~'v Yo~~ ;~ 10. APPOINTMENTS TO TRAFFIC SAFETY COMMITTEE: da q. , :{ . 11. DEPARTMENT RE ~PORTS: ~ . ,~ ,. A. SHARI STILES:'; ~ 1. WILD WEST BAKERY ~~. ~, , B. WILL BERG: ;? 1. BEER AND LIQUOR LICENSE FOR ROCKETS, INC. ~~ , ia ~~ ~. ,~ ~ 's; '{ ~; PUB CIT~ OF 1VIERIDIAN- ; MEETIN~ SIGN-~HEET ~1 ~~c,n c~.~ /"l~c-e~~i~l ~~-,~,~~~~a~ F~ ~ - 3 ~°Q~ ~ ~~ ~~~~AI~ i i' ,~ . i v7 ~~ _ 9a ~i ~~ ~I ;L ~~ i ~ ~~ ~~ ii i ~: 1'~, ~, ~~ :~ 4~ `; f( 'i ~Ii )' !l s i. ,, , . '~ , ;I ~; i~ i3 ~~ i`1 d~ f ! ;; RIDIAN PU~ ' ~ MEETING SIGN-U1~HEET i; ~~~ /~~~h- ~C~~~ FE~ - 3 1~~8 ~' 0~ ~E~~~3It~N NAME `~ PHONE NUMBER ,., ..~~ ,~ ;, ~ ;~ ;! i; ii i~ ~I i ~i ' ~. ~~ . ~~ i~ _,. ~ !~ ,i i; t~ i~ 1 ~3 j; ~~ ~ . • 1: ~~ ;7 j~ i~' X! 1~ Ii 1 ~; > d~ ~ ~, ~~ . i' JRN-06-98 TUE 11~31 GRE GHEMICRL FAX N0, 12084668989 ~ ~~~~.~~ 808 ~, j,~ ~~~ ~~~~~~ Js~tuary 5, 1998 ~~ ~-~v~ '~~ ~.~ 97.tOs ~~~~~ P, O1 !j ~~C~eV~~ ~~ JAN 0 6 1998 ~' '~' ~'` ~+~~RIDJA~ >; Pv~ayor and C'ity Council Members c/o I~~r. Wiliiam G. B~er~ ~ ~ C:ity of Meridian `~~ 33 ~.Idaho Avenue ;1 ~e~iciian, ID ~3642 ~~ ~~ Rc; ~equest for Authorizati~~n to lnstall Septic System ~ I)ear 1Vlayor Corrie and Members of the City Council: ~i ~ understand that the next City Council meeting is bein~ held tomorrow, the 6~' of J~anuax~. 1 will be out of town on the 6"' anii 7'~. i; i; . I, therei~ore, would like to renuest that T be placed o~ the agenda for your 7anuary 20, 199~ meeting for approval of a septic system on ouz property on Commercial Courc, we~ of Eagte Road. (Sce attached copy of November letter). ~~ [~rill plan on attending the ~meeting on the 20~' unless you advise me otherwise. Thank yau for your help. ~~ ~ R~ j's Su~eerely, "~ i ~; v~ov~-~- ~ ~~. Fa M~rk W. Summers ~! ~, s~ ,; MON~S/vh ~~ I~ ~~ ~ ~ ~ 41 ~~ Z1 ~ ~~ ~i f .7AN 06 '98 10~24 ~~ 12084668989 PAGE.01 I l ;: i ;~ . f . ~1 ,~ ~~ i ;9 V ~~~111~~V ~~~~~I~~- r ~~ 808s.~~ ~~5 ~y~ 1~~J.~'J: v.~ 9~~os ~~~1 V ~ ~ -~ C - 1 1997 VY i ^ o~~ W'+~7~~a/~11~ ~~4~~ November 26, 1997 f~ ~~ ~' a Mayor and City Council Me ~ bers c/ o M r. W i l l i a m G. B e r g `'~' City of Meridian ~~ 33 E. Idaho Avenue ?~ Meridian, ID 83642 ~; Re: Request for Authorization to Install Septic System ~~ a3 Dear Mayor Corrie and Members of the City Council: i; I represent McCall Properties, which owns a 7.5-acre parcel on Commercial Court, west of Eagle Road. We are proposing to construct a warehouse building of approximately 50,000 square feet on a portion of the property. E>Shari Stiles of the Planning Department has reviewed the building plans and she stated in her review that the City Council would need to approve the installation of a septic system before we could apply for a building permit. ; I ask that our request for app~ oval ~to install a septic system be placed on the December 16, 1997 City Council meeting agenda~. Please confirm with me that we have been placed on the agenda for the meeting. ~~ Sincerely, ~; rn~. w Mark W. Summ MWS/vh L ~f ~ 1 1 ~~tl ~ ~ m~ i • ~ . ~ W. ._.._. _ i ~uTOx! clxl£~ MPf ` ~~w~ ~ ..__ ~' pSs `, i ~~ ._._ ~, , ~. ~ ; ; EI s. ii _ - I ~~' +: I; ~ --- :, ~ I i ~~ , ; '~ ' ~ { _._,. ~_. __ ._... _ ~ -- .,~. -- - -- .~.~.. j~ ¢ ~ ~ - ~: -_ - ~., `V f~ -- ~ ..._. y. ~. i ~ ~ __ N r . .~~ .~e m....~ -_ $1~ t` ~~~ ~ ~ .~ f~' c ~~ ;~ , `_ I i ~ i I . ~' 1~ ~ ~~~~ ~ N ~ • ;j . . id di 9~ a fi ~ ~~ OR'DINANCE NO. 787 {~ Aa ~~ AN ORDINANCE OF THE C1TY OF MERIDIAN ADOPTING A NEW C.HAPTER IN TITLE I OF THE REVISED AND COMPLIED ORDINANCES OF TME CITY OF MERIDIAN TO BE KNOWN AS "ETHtCS ORDINANCE", TITLE 1, CHAPTER 16, REVISED AND COMPILED ORDINANC.ES OF THE CITY OF MERIDIAN TO SET FORTH AND ESTABLISH FOR THE MAYOR, CITY COUN.CIL, CITY COMMISSIONERS, APPOINTEES, EMPLOYEEES, AND OTHER PEOPLE ASSOCIATED WITH THE CITY OF MERIDIAN PROVISIONS RELATING TO THE FOLLOWING: NEPOTISM, POLICY, DEFINITIONS, FAIR AND EQUAL TREATMENT, CONFLICT OF INTEREST, STANDARDS OF CONDUCT, STATUTORY STANDARDS, CONTRACTS, PURCHASES, AND EMPLOYMENT, DfSCLOSURE OF CONFIDENTIAL INFORMATION, G1FTS AND FAVORS, CONFLICTS OF INTEREST AND AGENDA ITEMS, PENALTY FOR VIOLATIONS BY FORMER EMPLOYEES, CONSEQIJENCES AND PENALTY, AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. ~ ~ ~ NEPOTISM Ordinance. WHEREAS, Section~~50-701, Idaho Code, states that the legislative authority of each i, , City in the State of Idaho sfiall be vested in a council and that such council shall have such ;, powers and duties as are ~ow or may hereafter be provided under the general laws of the $~. ; State of Idaho. ;~ i; ~ WHEREAS, Section~ 1-701, of the Revised and Compiled Ordinances of the City of f~ Meridian, states that the Councilmen shall perform all duties by the nature of their o~ce that they should reasonably; perform. ;; WHEREAS, the Majior and the City Council of the City of Meridian, State of Idaho, have concluded that it is ini;~he best interest of fhe City to adopt a new chapter to Title 1 of ~, the Revised and Compiled ~Ordinances of the City of Meridian to add a new Sec.tion thereto ;; to set forth and establish an ETHICS IN GOVERNMENT and 1~ s; {; ETHICS ORDINANCE ~i ~~ , ~, ~1 i+ z~ ' ;l ` , • ~ • K ~~ i! NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF . THE CITY OF MERIDIAN, °ADA,COUNTY, IDAHO: I~ ~~ ~1 SECTION 1: ~That there is hereby adopted a new Chapter 46 to Title 1 of the ~~ ~~ Revised and compiled Ordi~ances of the C.ity of Meridian, which shall read as follows: ~, ETHICS IN GOVERNMENT AND NEPOTISM ;~ I~ SECTION 1. Nepotism: . i. ~ r A Mayor, City Council Member, Board Member, Committee Member, Commission Member, Executive, Legislative, Ministerial, or other officer of fhis City, who appoints or votes for the appointment of any person related to him or her or any of their associates in office by affinity or consanguinity within the second degree, to any clerkship, office, position, employment, or duty, when the salary, wages, pay or compensation of such appointee is to be paid out of public funds or fees of office, or who appoints or furnishes employment to any'person whose salary, wages, pay, or compensation is to be paid out of public funds or fees of office, and who is related by either . blood or marriage~~within the second degree to any other executive, legisfative, ministerial, or other City public officer when such appointment is made on the agreement or promise of such other officer or any other public o:fficer to appoint or;,fumish employment to any one so related to the person, officer, or employee~` making or voting for such appointment, is guilty of a misdemeanor involving o~cial misconduct and upon conviction thereof shall be punished by fi;ne of not more than THREE HUNDRED DOLLARS ($300.00) and sucfi officer making such appointment shall forfeit his office and be ineligible for~~appointment to such office for one year thereafter. ' ;a SECTION 2: Policy~ ~, The public judges it; gov,ernment by the way public offcials and employees conduct themselves in the posts fo which they are elected or appointed. Confidence and res~'ect can best be romoted if every public official and employee, P p whether paid or unpaaid, and whether elected or appointed, will uniformly: (a) treat all citizens with courtesy, impartiality, fairness and equality under the law; and (b) avoid both actual and potential conflicts between their p.rivate self-interest and the public interest. :; ~ • ETHICS ORDINANCE ;~ 2 • i SECTION 3: Definitions: ' ~~,~ . The terms used in th s ordinance are hereby defined as follows: - i~ (a) Official or e~ loyee -- Any person elected or appointed to, or employed or retained by, ~ any ,public office or public body of the City whether paid or unpaid and whether part time or full time. (b) Public body '~Any agency, board, body, commission, committee, department or office of tfi~e city. (c) Finanoial interest - Any interest which shall yield, directly or indirectly, a monetary or ~other material benefit (other than the duly authorized salary or compensatio ~ for their services to the City) to the official or employee or to any person employing or retaining fhe seniices of the official or employee. (d) Personal interest - Any interest arising from blood or marriage relationships or from close~-business or political association whether or not any financial interest is involved. . SECTION 4: Fair and Equal Treatment: No offcial or employee shall grant or make available to any person any consideration, treatment, advantage or fa~or, beyond that which it is the general • , practice to grant or make available to the public at Iarge. ;~ No official or employee shall request, use or permit the use of any publicly owned or publicly supported property, vehicle, eguipment, labor or service for the personal convenience or the private advantage of the offiaial, employee or any other person. f • SECTION 5: Confl~ t of Interest: Financial or personal interest. No official or employee shall have any financial or personal interest in~;~`any business or transaction with the City unless the official or employee shall first~make full public disclosures of the nature and extent of such ~ interest. j ~ Disclosure and disqualification. Whenever the performance of official duties shall require any official ror employee to deliberate and/or vote on any matter involving financial or personal interest, fhe o~cial or employee shall publicly disclose fhe nature and extent'of such interest and be disqualified from participating in the deliberation as well ~as in,the voting. ~, ~a Incompatible emplqyment. No ofFeial or employee shall engage in private emp-oyment with, or render services for, any private person who has business transactions with any public body unless the official or employee shall first make full • pubfic disclosure of the nature and extent of such employment or services. E'I'HICS ORDINANCE i~~ 3 ~ !~ • : Representafion of pr':ivate persons. No official or employee shall appear on behalf of any private person, ofher than himself or herself, before any public body in the city. r~ Confidential information. No official or employee shall, without prior formal auth.orization of the public body having jurisdiction, disclose any confidential information concerni~g any other offcial or employee, or any other person, or any property or governmental affairs of the City. Whether or not it shall involve disclosure, no official or employee shall use or permit the use of any such confidential information to advance the financial or personal interest of themselves or any other person,~ - ~ SECTION 6: Standards of Conduct: ~ The purpose of thisf Ordinance is to establish ethical standards of conduct for the Mayor, all City ~ Council Members, Board Members; Committee Members, Commission Members, and employees, by setting forth those acts or actions deemed to be in coriflict or incompatible, or to create the appearance of conflict or incompatibility, with the best interests of the City of Meridian. i:~. . SECTION 7: Statutory Standards: ~a . There are certain p~ovisions in the criminal statutes of the State of Idaho which : should, while not set forth herein but are attached hereto and incorporated herein, be considered an integral part of this O.rdinance. Accordingly, the provisions of fhe following Sections of~the Idaho Code, as may be amended, are hereby incorporated ~. herein by this reference and made a part of this Ordinance, and shall apply to the ' Mayor, all Council Members, Board Members, Committee Members, Commission Members, or ~Employees of the City of Meridian, whenever applicable, to wit: 18-1307 18-1351 . 18-1352 18-1353 18-1354 18-1355 18-1356 18-1357 18-1358 18-1359 18-1360 18-1361 18-1361 A 18-1362 • i; f~ ETHICS ORDINANCE I? 4 ~; . ~i il ~,~ . ~ t~ • • ~~ ~ SECTION 8: Cont~acts, Purchases and Employment: The Mayor, City Co ~~ cil Member, Board Member, Committee Member, Commission Member, City Official or ~City Employee, shall not participate directly by means of deliberation, approval or disapproval, or recommendation, in the purchase of goods and services for the~City, and the award of any contracts with the City, except as permitted under thei~City's O~rdinances and under the laws of the State of Idaho, where to his or her knowled.ge there is a financial interest, or special interest other fhan that possessed;by the public generally. 1~ { SECTtON 9: Disclosure of Confid.ential Information: ~~ . No Mayor, Counoil~~ Member, Board Member, Committee Member, Commission Member, City Official, or City Employee, shall, without proper legal authorization, disclose confidential; information concerning the property, government or affairs of the City; nor shall he~ or she use such information to advance the financial or private interest of himself or~'~herself or others. t ~~ SECTION 10: Gifts~and ~Favors: P No Mayor, CouncilE~ Member, Board Member, Committee Member, Commission Member, City Official, or employee, shall accept any valuable gift of more than FIFTY DOLLARS ($50.~0) in value, whether in the form of service, loan, thing or promise, from any a person and/or business which to his or her knowledge is interested directly or~indirectly in any manner whatsoever in business dealings with the City; nor shall any Mayor, Council Member, Board Member, Committee Member, Commission Membe'r, City Official, or City Employee: (1) accept any gift, favor or th~ing of value that ten'`ds to influence him in the discharge of his or her official duties; or (2) grant in the discharge of his or her official duties any improper favor, service or thing of value. Nottiing herein shall prohibit the acceptance of gifts or favors by the Mayor, Council Member, Board Members, Committee Members, Commission Members, City Official, or City Employees from members of fheir immediate families. ~~ 3~ ~ ~~ SECTION 11: Conflicts of Interest: Agenda Items. ;~ ~ Deliberation and Vo~e P,rohibited. No Mayor, Council Member, Board Member, Committee Member,~.Commission Member, Public O~cia! or City Employee, shall, in s. such capacity, participate in the deliberafion or vote, or otherwise take part in the decision-making pro,'cess; on any agenda item before his or her collective body in which he or she or. a' mernber of his or her immediate family or relative in the second degree of affinity or ~c~`onsanguinity, has a financial or special interest, other than an interest held by the public generally. . ~ Disclosure of Conflicf. Any Council Member, Board Member, Committee Member or Commission Member who believes that he or she or a member of his or her ETHICS ORDINANCE ;~ 5 . . immediate family o~ relative in the second degree of affinity or consanguinity has a financial or special interest, other than an interest held by the public generally, in • any agenda item aefore his or her collective body, shall disclose the nature and eztent of such interest, and the City Clerk or his or her designee shall make a record of such disclosure'~ Additionally, any Council Member, Board Member, Committee Member or Commission Member who believes that any fellow Council Member, Board Member, Co"'mmittee Member or Commission Member, or a member of such fellow Council Me'mbec's, Board member's, Committee Member's or Commission Member's immediate family or a relative in the second degree of a~nity or consanguinity has ~a financial or special interest, other than an interest held by the public generally, in;~any agenda item before his or her colfective body, shall disciose the nature and extent of such interest, and the City Clerk or his or her designee shall make a record of such disclosure. ~ Determination of Co~nflict. Once the issue of conflict has been inifiated relafive to an individual Council ~Mernber, Board member, Committee Member or Commission Member, and disclo;sure has been made as provided above, such individual's fellow Council Member, Board Members, Committee Members or Commission Members sha(t vote on whettier or not such individual shali be excused from participating in the deliberation or vote, or othervvise taking part in the decision-making process, on the refevant agenda~item. Such individual shall be excused only upon a vote of the majority of his or he~ fellow Council Members, Board Members, Committee Members or Commission Members then present that a conflict of interest in fact exists. . ~~ Avoidance of Appearance of Conflict. To avoid the appearance of a violation of this Section, once any individual Council Member, Board Member, Committee Member or Commission Member is determined to have a conflict of interest in respect to any agenda item, said individual shaH immediately remove himself or herself from the ~ meefing room or to ;the area of the room occupied by the general public. He or she shall not return to his or her regular seat as a member of the body until deliberation and action on the item is completed. Nothing herein shall require an individual Council Member, Board' Member, Committee Member or Commission Member to remove hirnself or Fierself for any item contained on a"Consent Agenda" on which there is no deliberation, the individual's conflict has been determined by the other . members, and the right to abstain from voting on the item has been granted. ~~ ~ Personal Interest. ~! Nothing herein shall be construed to prohibit any Council Member, Board Member, Committee Member or Commission Member from representing his ori her~ own persona! interest by appearing before his or her ~ collective body on any such agenda item. i~ ~olation of any of tlie provisions of this ordinance by any employee is grounds for disciplinary action, in~`clu.ding dismissal. ~~ SECTIO'N 12: ;~Penalty for volafion by Former Employee. , E~ ~, Any former employe ~ violafing any provision of this ordinance shall be fined not less ETHICS ORDINANCE ~, 6 i~ ! ~ than five dollars nor "more than five hundred dollars f.or each offense, and a separate offense shall be dee'medi committed on each Any City officer or employee violating any provision of this~~Ordinance may be reprimanded, suspended or discharged. In additi.on, any person, firm or corporafion violating any provision of this Ordinanc~ shall upon convictio.ii be fined not less than ONE H.UNDRED DOLLARS ($100.00), but not more than T~HREE HUND:RED DOLLARS ($300..00) for each offense day during or on which a`~violation occurs or continues. s; ~~ ~~ SECT ~ON 13: Consequences, Penalty: Any City o~cer or ~;employee violating any provision of this Ordinance may be reprimanded, suspended or discharged. In addition, any person, firm or corporation violating any provisio~n of this Ordinance shall upon conviction be fined not less than ONE HUNDRED DOLLARS ($100.00), but not more than THREE HUNDRED DOLLARS ($300.00)~for each o .ffense. ~ s 1~' ~ >> SECTION 14: Seve~ance: ; ~ I, The provisions of this ordinance are severable. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shalt not a.ffect ofhe~~ provisions or applications of this ordinance which aan be given effect without the inv'alid provisions or.application. ;~ S.ECTION 15: ~~ EFFECTIVE DATE: WHERF~IS, tfiere is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. . ~~- PASSED AND APP~ROVED this ,3~~ day of February, 1998. i~ ~ CITY~Fi MERI DIAN . A' WILLIAM G. BE 2-3-98 - Final ETHICS ORDINANCE T D. CORRiE - MAYOR ' . J``~~~~uitinrp~i~~~ ~ ~ ~~~~~` '~ ~~~~~~~~ ~~'%. 1,` "'`~~a ~~ ~~'~w , ~i ~ ~ .. ~ R. - C LERK z ~~~ _ ~ ~ ~~ ; ~y_ ~~ ; '-,~yp "~r js~ . ~.,~`~`~ ~~~''~ CQU~~! . ~~.~`~,`~ ~~~~~~rt~r;t ~~s-~~`~~~ 7 r~ ~i .t ~ r ~~c~~~~ ~a ¢ r'~ :_! 0 `~JS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIO~S ~~ FOR ~~ ~~' ~~~~~ { TURNBERRY SUBDIVISION NO. 1 THIS DECLARATION is~ made this day of 1998, by BENCHMARK LAND COMPANY - MERIDIAN (QUENZER), L.L.C., an Oregon limited liability company ("DeclaranY'). WHEREAS, Declarant is th~e record owner of that certain real property in the County of Ada, and State of Idaho (the "Property"), more palrticularly described at "Exhibit A" annexed hereto and by this reference incorporated herein. The Property is or will be lawfully subdivided into a total of sixty-one (61) individual, buildable lots and seven individual, non-buildable lots, together with certain other easements, rights-of-way, streets and other improvements 'more particularly described and defined by the recorded plat to be called "Turnberry Subdivision No. 1" and ~ WHEREAS the land com,~isin the Pro e is art of a lar er arcel of land which it is the intention of ~ P, 9 P rtY P 9 P the Declarant to develop in the future in~one or more phases as a residential community or neighborhood which will be commonly known as "Turnberry Subdivision"; and WHEREAS, it is the purpo e of this Declaration to subject the Property and all portions thereof, and those portions dedicated to the public by virtue of recording of the Plat or otherwise, to the conditions, covenants, restrictions, reservations and easements herein set forth or described for the purpose of enhancing and protecting the value, livability and aesthetic quality of the residential development which will be constructed and occupied on the Property and the~ land which may be eventually included in future phases of the Turnberry Subdivision community above-mentioned; and WHEREAS, this Declaration and the conditions, covenants, restrictions, reservations and easements herein set forth and/or described shall, and do hereby, constitute covenants to run with the land comprising the Property and shall be and remain~ binding upon and inure to the benefit of all present and future owners of the Property and each individual lot, parcel and tract created by subdivision thereof as aforesaid, NOW THEREFORE, BENCHMARK LAND COMPANY - MERIDIAN (QUENZER), L.L.C., does hereby declare the Property subject to the~?lollowing: CONENANTS, CONDITIONS AND RESTRICTIONS ~~ ARTICLE I. Definitions .~ As used'in this Declaration the following;words or terms shall have the following meanings: 1.1 Association means and~ refers to the Turnberry Subdivision Owners Association formed and administered as, and for the purposes, described in Article V of this Declaration. ~~ 1.2 "Buildinq Site" means and;;refers to a Lot, or to any tract or parcel within the boundaries of the Property in private ownership which consistii of a portion of a Lot, or contiguous portions of two or more Lots, when and if a building is constructed thereon. ~~ k 1.3 "Committee" means and; refers to the Architectural Review & Control Committee formed and administered as and for the purposi s described in Article IV of this Declaration. 1.4 "Common Propertv" means and refers to: a. Any real property or interest in real property within the Property which is owned or leased by the Association or owned as tenants ifn common by the Owners, or designated in this Declaration for transfer to, or acquisition by, the Association; { b. Seven (7) non-buildable lots indicated as Lot 1, Block 1; Lot 1, Block 2; Lot 1, Block 3; Lots 5 and 11, Block 5; Lots 2 and 9, Block 6, Turnberry Subdivision No. 1, Ada County, Idaho. ~~ i~ TURNBERRY SUBi~IVISION COVENANTS, CONDITIONS, AND RESTRICTIONS , f; Page - 1 ~' f~ I+ !~ . ~ ~~ c. All lands lying within any public right of way within or contiguous with the boundaries of the Property, which it is now, or at any;time hereafter becomes, the responsibility of the Association to manage, care for or maintain for the benefit of th ~~, public or members of the Association, or both; and d. All lands lying within or outside the boundaries of the Property or of any Lot or Lots now existing or hereafter created within the P~operty which, by virtue of the terms and provisions of this Declaration or otherwise, the Association is, or may become, responsible to manage, care for or maintain. The lands subject of the foregoing sentence shall include, but are not limited to, any parcel or parcels of land and facilities situated within or outside the boundaries'of the Property committed to use for treatment, retention, infiltration or conveyance of storm or surface water accumulated or originating on the Pcoperty or any portions thereof which it is or becomes the obligation of the~Association to manage, care for and/or maintain. e. "Common Pro e~~' also means ersonal ro e tan ible and intan ible, of an descri tion P rtY P P P rtY, 9 9 Y P inclwding, without limitation, funds, contract rights, stocks, bonds, investment receipts, securities, security interests, collateral, claims, cause's'` of action or suit, and generally any and all interests in property other than real property, whether cognizable at law~or in equity, now owned or at anytime hereafter acquired by or vested in the Association or in the Owners collectively or as tenants in common. 1.5 "Declarant" means the Declarant named above and its successors and assigns if such successors or assigns acquire all of Declarants 'rights under this Declaration pursuant to a recorded instrument executed by Declarant. (~ a 1.6 "Declaration" means this~ Declaration Of Covenants, Conditions And Restrictions For Turnberry Subdivision and each and all of the terms and provisions herein contained as of the date the same is duly recorded in the official records of Ada County, Idaho, as the same may be modified, amended, supplemented or otherwise revised in accordance with the terms and provisions hereof and/or by recordation of any declaration by which additional lands or premis~es may be annexed to the Property subject hereof as contemplated and provided for at Article II below set fo~rth. 1.7 "Dwellinq UniY' means and refers to any building or structure located on a Building Site constructed, used, or adaptable for use, for occupancy as a residential dwelling under applicable zoning and building laws and cestrictions, including, without limitation, any structure or building commonly referred to as a"single family detached" residence or home. ~ 1.8 "General Actions of the Association" means and refers to any action on the part of the Association, duly effected by vote of no less than thae Owners of finro-thirds of all Lots now or hereafter subject of this Declaration, which allows, authorizes or conditions, and/or restricts, limits or prohibits, any use, condition or activity affecting or within the Property and which applies to all Lots then subject of this Declaration. 1.9 "Lot" means and refers to ~a y individually platted tract of land shown by any recorded subdivision plat or map of the Property and to any ~ portion of the Property in private (as distinguished from public) ownership consisting of a portion of one or more Lots and/or contiguous portions of two or more Lots, upon which a single Dwelling Unit has been constructed or exists. 1.10 "Plat" mean the final plat6entitled "Turnberry Subdivision No. 1" LOCATED IN THE NORTHEAST'/< OF THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 1 WEST, OF THE BOISE MERIDIAN, ADA COUNTY, 1DAH0'~ recorded in the official records of Ada, State of Idaho, as shown by Book of Plats at Pages and records of Ada County, Idaho. 1.11 Purchaser' means the pe~on(s) or party(ies) to whom a Lot is first conveyed by the Declarant. 1.12 "Owner" means the perso;(s) or party(ies), including Declarant and any Purchaser, owning beneficial title to any Lot (including the holder(s) of a vendee's interest under a land sale contract), but does not include a tenant or the holder of a leasehold interest or any party holding only a security interest in a Lot (including the holder of a vendor's interest under a land sale contract). The rights, entitlements and obligations granted to or imposed upon an Owner by virtue of the terms and provisions of this Declaration commence to exist upon acquisition of record title to any Lot by any means, voluntary or involuntary, and terminate upon transfer or conveyance of such record title by~any means, voluntary or involuntary. Transfer or conveyance of title or any ~~ TURNBERRY; SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS pj ' Page 2 ~' , li • . ;~ beneficial interest in a Lot shall not;operate to discharge or release the transferor(s) from any obligation incurred as ani Owner prior to record transfer or conveyance of such title or beneficial interest. ~' 1.13 Other Definitions Other :or additional words or terms which are initially capitalized and enclosed in quotation marks the first time they `appear in the text of this Declaration shall have the meaning ascribed thereto by the terms or context in which the~'y first appear. . II. Annexation Of Additional Proaertv 2.1 Annexation: Declarant may~from time to time, and at its sole discretion, annex to the Property subject of this Declaration any adjacent property and/or future phases of the development now or hereafter owned or acquired by it, and may also from time to time, and in its sole discretion, permit other owners of land adjacent to, contiguous with, or in the vicinityiof, the Property to annex some or all of such land owned by them to the Property subject of this Declaration~ ' 2.2 Procedures: Annexation of such land shall be accomplished by recording a declaration executed by, or bearing evidence of the approval o~, Declarant, which shall: (i) describe the property to be annexed, (ii) establish any additional or different limitations, restrictions, covenants and conditions intended to pertain exclusively to all or any portion the land annexed tFiereby, and (iii) declare that such property is held and will be held, conveyed, hypothecated, encumbered, used, 3occupied and improved subject to the terms and provisions of this Declaration as modified, amended or suppleme~ted by any such additional or different limitations, restrictions, covenants and conditions. ~; 2.3 Activation. Upon recording of such declaration(s), the lands therein described shall become a part of the Property for purposes of the termssand provisions of this Declaration. E III. Conditions and Restrictions on Uses 3.1 BuildinQS Permitted: No ~building or structure shall be created, constructed, maintained or permitted upon the Property except upon a Building Site, and no building or structure shall be erected, constructed, maintained or permitted on a Building Site other than a single family detached Dwelling Unit, except that appurtenances to any Dwelling Unit, such as private garages, garden houses or similar structures, architecturally in harmony therewith, and of permanent construction, may be erected within the building limits hereinafter set forth. No "Manufactured dwelling'! or "Manufactured home", shall be installed or allowed to remain on any Building Site except as a temporary shelter or office facility for use by persons engaged in construction of one or more Dwelling Units on the prope~rty during the course of actual construction thereof, or as a temporary sales office for use of Pucchasers, or real estate licensees representing Purchasers, engaged in marketing of new and unused Dwelling Units constructed,~or under construction elsewhere on the Property. 3.2 Comqletion of Construction: The construction of any Dwelling Unit, including painting and all exterior finish, shall be completed within n~ine calendar months from the beginning of construction so as to present a finished appearance when viewed(from any angle. In the event of undue hardship due to extraordinary weather conditions, the Committee shall eztend the time for completion of construction stated immediately above for a reasonable period of time upon wr~tten request of the party or parties otherwise responsible for, or engaged in, completing such construction. Building Sites and streets shall be kept reasonably clean and in workmanlike order during construction of Dwelling Units and related improvements thereon and the Owner of each Lot shall be responsible for any and all damages to curbs, streets and utilities occasioned by activities associated with construction of any Dwelling Unit or other improvements on such Owner's Lot(s). No less than sixteen feet of clear width for vehicular tcavel on; all abutting streets must be maintained to provide access for emergency service vehicles at all times duringfconstruction or installation of any improvements on any Lot. 3.3 BuildinQ Size: No singlelstory Dwelling Unit may be erected on a Building Site unless it contains a minimum of 1,400 square feet of enclosed heated floor area intended for residential occupancy and use, exclusive of unfinished attic space~s and crawl spaces, open porches, garages, garden houses and other free standing appurtenant structures. In the case of a Dwelling Unit having more than one living level, the combined square footage of enclosed heated floor area on all living levels combined shall not be less than 1,600 square feet unless approved by the Comm~ ee. I~ TURNBERRY~SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS ~+ I~ Page 3 {, i; , i - ! 3.4 Exterior siding and trim materials utilized on Dwelling Units shall be of cedar, redwood, cementitious lap s~ding sized, shaped and textured to resemble natucal wood, stucco, synthetic stucco or plaster (Drivit0 or equal), masonry, masonry veneer and combinations of such materials as may be approved by the Committee as provided for in Article IV below. Other siding materials will be permitted only if specifically authorized in writing by: and in the sole discretion of, the Committee. However, vertical grooved ("T- 1-11" type) and other forms of panelized siding materials are not permitted. 3.5 Roofs: Roofing material m~ust be of wood shake, wood shingle, concrete tile, ceramic tile, or a minimum thirty year architectural-grade composition shingle. Except for roofs of wood shake or wood shingle, the dominant roofing color shall be black or dark gray unless otherwise approved by the Committee. Atl flashing rnust be painted. The roof shall have a minimum of a six/twelve (6/12) slope. 3.6 GaraQes: Each Dwelling~Unit shall incorporate an integral or attached garage designed to enclose a minimum of two, and a maximum of three, automobiles, unless otherwise approved by the Committee. Carports are not permitted ~~ 3.7 Exterior Colors: All colors and color schemes which will be applied to the exterior of any Dwelling Unit or other improvements constructed on a Building Site must be approved in advance by the Committee. No combination of exterior siding and~trim coloration of a Dwelling Unit may be repeated on any other Dwelling Unit within the Property without advance written approval of the Committee. In granting or denying such approval, the Committee's determinations with r'e~spect to both the aesthetic desirability of the proposed color scheme and the proximity of other Dwelling Units~,which exhibit color schemes the same or substantially similar to the color scheme proposed for approval sh ~~ be final and conclusive for all purposes. 3.8 FencinQ and Hedqes: As, used herein, "fencing" or "fences" means any barrier or wall constructed or located anywhere on the Property consisting primarily of materials other than living plants. a. Subdivision Perimeter Fences. Declarant shall construct a perimeter fence exterior of this subdivision property in such locations as required by the conditions of approval of the City of Meridian (except for entrance or exit or where omitting!such fencing is permitted by the local governmental agencies). After Grantor has transferred title to any lot which contains a portion of this perimeter fence it shall be the responsibility of the owner of the lot to maintain, repair and/or replace the fence as needed; repairs and/or replacement shall be performed so as to keep the perimeter fencing uniform, attractive and harmonious. b. Other Owner Fences. Sight obscuring plantings such as hedges, and fences, shall not exceed three feet in height in the front yard areas between any location less than six feet behind the front wall plane of the Dwelling Unit furthest from the~~street and the street; or less than five feet from the property line in side yards facing a street on any corner Lot. p~Unless greater height is expressly approved by the Committee, the maximum height of site obscuring plantingsi;and/or fences located elsewhere on any Lot is six feet and must otherwise comply with any applicable ordinahces. Trellises located on or immediately adjacent to, and parallel with, the exterior walls of a building are not subject to these limitations. c. Fence Material. ~~Unless otherwise approved in writing by the Committee, fences shall be constructed of brick, natural stone and/,or wood constructed in "good neighbor" style with wood cap. Wooden components of fences must be sealed with a clear wood finish or stain in harmony with Dwelling Units located nearby and shall not be permitted ~to "weather' excessively. Entry monumentation and fencing installed by or for the Declarant is not subject to the rlequirements of this section. 3.9 Animals: No insects, mammals, reptiles, amphibians, fish or birds of any kind shall be raised, bred or kept on any part of the Property;,~except a reasonable number of common household pets may be kept or boarded on any Lot so long as such pet(s) are reasonably controlled so as not to constitute any nuisance or inconvenience to Owners and oth ~ residents of the Property. Provided, however: a. No pet may be kept, boarded, bred or maintained on any Lot or elsewhere on the Property for commercial purposes nor may any; pet of a kind which is customarily kept, housed, caged or penned outdoors be kept or boarded on any Lot (e.g., h'orses, ponies, pigeons, chickens, ducks, geese, swine, etc.). ~; ~~ TURNBERRYiSUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS I I ~ °i Page 4 i; i~ s ~ -; b. No pet shall allowed by the owner or custodian thereof run at large on the Property or to ente.r upon any Lot not owned by such owner, or occupied by such custodian, without the express permission of the Owner or cesident(s) of such Lot. y; Whenever any pet is on the Property outside of the boundaries of the Lot which its owner or custodian resides upon or regularly occupies, such pet shall be caged, leashed, tethered or otherwise physically restrained under the direct and immediate control of its owner or custodian at all times. c. All and any damage, inconvenience or unpleasantness occasioned by the keeping or behavior of any pet shall be the responsibilitjr of owner(s) and/or custodian(s) thereof. The owner or custodian of a pet is, at all times, responsible to immediately remove and properly dispose of wastes eliminated by such pet anywhere on the Property where the same may be objectionable to other Owners and residents thereof. d. The Association ma levy fines in the event of violation of any of the foregoing provisions of this section and any losses, damages or expenses suffered or incurred by any person due to the keeping or behavior of any pet on the Property, shall be~recoverable by such person from the Owner(s) of any Lot upon which such pet is present or kept with the know,edge or consent of such Owner(s) or usual residents of such Lot. 3.10 Unlawful and Offensive Activities Prohibited. a. No unlawful or offe'nsive activities shall be permitted or carried upon any Lot or elsewhere on the Property by any Purchaser or Owrier of any Lot, or by any resident or other person(s) present on the Property at the invitation or sufferance of any such Rurchaser or Owner. 1 b. Nothing shall be done or placed on any Lot or elsewhere on the Property by the Purchaser or Owner of any Lot, or by any resideit or other person(s) present on the Property at the invitation or sufferance of such Purchaser or Owner, whichj;constitutes a nuisance or which otherwise unreasonably interferes with or jeopardizes the use or enjoyment~of any other Lot or any portion thereof, or which is a source of persistent annoyance to other Owners or residents of the Property. 1~ c. No noxious or offensive odors shall be permitted to emanate from a Lot to other Lots and no noises or sounds which are unreasonably offensive or bothersome due to the nature or volume thereof and/or the time(s) they occur may be per ;tted to emanate from any Lot. d. Any losses, damages or expenses suffered or incurred by any person due to violation of any of the foregoing provisions of this section shall be recoverable by such person from the Owner(s) of the Lot who committed such violation(s) or by whom ~the person(s) who committed such violation(s) were invited, or suffered, to reside upon or be present on thje Property at the time such violation(s) shall have occurred. The Association may levy fines on such Owner(s) fb~r violation of such provisions. 3.11 Business and Commercial~Uses Limited. Except in conformity with General Actions of the Association, and subject always to all applicable governmental ordinances, agreements and land use approvals applicable to the Property, no trade, craft, business, profession, commercial or similar activity of any kind shall 6e conducted on any Lot (including, without limitation, operation of a day care faciliry), nor shall any goods, equipment, business or commercial vehicles obviously identifiable as such, or materials or supplies used in connection with any trade, service or business be jkept or stored on any Lot. However, this section does not restrict or prohibit any of the following described actions or activities: a. Activities relating to the sale of Lots or the rental or sale of Dwelling Units. b. Construction, reconstruction, repair or maintenance of Dwelling Units or other improvements on any Lot or the storage or use construction materials and equipment on such Lots in the normal course of such activities otherwise conforming with~ the other provisions of this Declaration. c. Keeping and main'taining any business-related or professional personal library; keeping and maintaining personal, business or professional records or accounts; engaging in personal, business or professional telephone calls or other correspondence; communicating or conducting financial, professional, business or commercial transactions by computer, facsimile or other electronic devices not requiring outdoor antennas or receiving or transmission devices, and/or meeting and conferring with business or professional associates, clients or customers, p~ovided such activities are conducted entirely within the confines of a Dwelling COVENANTS, CONDITIONS AND RESTRICTIONS Page 5 C~ Unit located on such Lot and such~'~activities do not impair access to other Lots or use of on-street parking space abutting any other Lot. i~ d. Parking or storage of a business or commercial vehicle obviously identifiable as such entirely within an enclosed garage located;on such Lot. 3.12 ParkinQ and Storaqe of Certain Motor Vehicles Pcohibited. No motor vehicle in an obvious state of disrepair shall be placed, parked or permitted to remain on any Lot, public or private street or roadway, driveway or sidewalk within or abutting the; Property. Owners and residents of Lots shall refrain from utilizing street parking areas for purposes of parking their vehicles, regardless of condition, whenever possible - street parking areas are provided primarily for purposes of providing space for parking by guests and invitees of Property residents. (~ a. A motor vehicle ~shall be deemed to be in an obvious state of disrepair if and when the Committee reasonably determines`~that its appearance or condition is offensive to the Owner(s) or the occupants of Lots in the immediate vicinity th~ereof or otherwise detrimental to the aesthetic appeal or physical appearance of the neighborhood or vicinity in which it is located. b. Should the registe ed owner of any such vehicle, or the Owner(s) of the Lot upon which such a vehicle is located, fail to remove, or cause rernoval of, the same within five (5) days following the date notice to remove it is mailed to such owner~or Owner(s) by or on behalf of the Committee, the Committee may have such vehicle removed from the Property~ and charge the expense of such removal and any resulting storage of such vehicle, to such registered owner a~ d/or the Owner(s) of such Lot. 3.13 Boats and Boat Trailers. ,Subject to the exceptions contained in subparagraphs a., and b., immediately below, and except in conformity with General Actions of the Association, no boat or other watercraft, or trailer or other separate conveyance design~ed or used for purposes of transportation of any boat or watercraft, shall be placed, parked or permitted to remain on any Lot, public or private street or roadway, driveway or sidewalk within the Property. i~ a. One boat or otheriwatercraft may be temporarily placed or parked out of doors on a Lot as far as practicable from adjoining streets for a period not in excess of forty eight houcs for the purposes of enabling the Owner or a permanent resident of said Lot to load or unload, or to maintain, repair, clean and/or otherwise prepare such boat or watercraft for~use or storage following the end of such period. b. One or more boats or other watercraft, or one or more such trailers or other conveyances whether or not loaded, may be parked or stored on any Lot for more than 48-hours if located in an enclosed conventional and attached garage~or screened behind a six foot privacy fence which completely screens such boat or other watercraft from any public street. 3.14 Camoers, Recreational Vehicles and Travel Trailers. Subject to the exceptions contained in subparagraphs a., and b., immediately below, and except in conformity with General Actions of the Association, no motor vehicle accessories in th~e nature of camper tops, camper shells or truck bed units, no self-propelled recreational vehicles or "motor homes", and no "fifth wheel" or other types of camping or travel trailers shall be placed, parked or permitted to remain on any Lot, public or private street or roadway, driveway or sidewalk within the Property. d~ a. One such camper',accessory, recreational vehicle or motor home, fifth wheel, camping or travel trailer may be temporarily located or parked on a Lot as far as practicable from adjoining streets for a period not in excess of 48-hours for purposes of enabling the Owner or a permanent resident of said Lot to load or unload, or to maintain, repair, clean and/o'r othenivise prepare such camper or vehicle for use or storage away from the Property following the end of sucti~period. Except as provided below, no such camper or vehicle shall be used for living accommodations while pa~ked on the Property. b. One such camper!accessory, recreational vehicle or motor home, fifth wheel, camping or travel trailer may be located or parked on a Lot for more than forty eight hours if located in an enclosed conventional and attached garage or located behind a six foot high privacy fence which screens such camper or vehicle from any public street i; `', I I~ TURNBERRY~SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS ~f . }' Page 6 l~ s ~i , c. One recreational ~vehicle or motor home, fifth wheel, camping or travel trailer may be parked in the driveway of any Lot as far as ~practicable from adjoining streets and sidewalks for a period not in excess of three consecutive days for purposes of providing living accommodations for guests of the Owner(s) or residents of the Dwelling Unit located thereon. However, no such use shall reoccur sooner than thirty days after the end of the last period during which such use occurred. 3.15 Freiqht Trailers, Etc. No freight trailer or other wheeled vehicle designed for towing by any motor vehicle and for the purpose of transportingtcargo, freight, equipment, or commodities of any kind, or for disPlaying signs, or other advertising, shall be place8, parked or permitted to remain outside of an enclosed conventionaf attached garage or other permitted permanent structure located on any Lot, on any public or private street or roadway, driveway, or sidewalk within the Plroperty. However, such a freight trailer or other vehicle may be placed or parked anywhere on the Property,(except in such a manner as to interfere with, impede or otherwise endanger the safety of vehicwlar or pedestrian traffic over public rights of way or other areas provided for purposes of vehicular or pedestrian tra~c) for~the sole and exclusive purpose of being loaded or discharged in connection with, or for purposes of, delivering~to or removing from any Dwelling Unit or Lot any furniture, furnishings, goods, merchandise, construction materials or other property for the use or benefit, or at the request, of any Owner or occupant thereof, or for the purP'oses of the construction, repair or maintenance of improvements to such Dwelling Unit or Lot, but only fo~~'so long as may reasonably be required for the purpose of such loading, unloading, construction, repair or maintenance. 3.16 Antennas and Similar De`vices. Except in conformity with General Actions of the Association, no antenna, aerial, satellite dish or;~other device or structure designed for, or used in connection with the transmission or reception of radio,~television or other electromagnetic signals, telecommunications or data of any description shall be permitted on the roof of any Dwelling Unit or elsewhere on any Lot in plain view from any public street or sidewalk within tfie Property. Any such device or structure installed in conformity with the provisions of the foregoing senten'ce which is otherwise unsightly or unreasonably offensive when viewed from any adjoining Lot(s) shall be screened from view from such adjoining Lot(s) in a manner or by such means as may be reasonably determined by;the Committee. ~ 3.17 UnderQround Distribution 'of Services Repuired. All utilities and services shall be provided to Dwelling Units and other structures by means of underground pipes, condwits or conductors. No outdoor, overhead wire or service drop for the distribution~of electricity or for telecommunication purposes, nor any pole, tower, or any other supporting structure(s) assoe~ ted therewith, shall be erected or maintained on any Lot. 3.18 Recreational Equipment, ~Facilities and Structures. Except in conformity with General Actions of the Association, no playground, athlefic or recreational equipment, facilities or structures, including without limitation, basketball backboards, hoops and~related supporting structures, shall permitted, installed or utilized on any Lot in plain view from any public street~or sidewalk within the Property. 3.19 Maintenance of Lots and Adiacent Irnprovements. The Owner of each Lot shall maintain all improvements located on said Lof~in a clean and attractive condition, in good condition and repair and in such fashion as not to create a fire or other unreasonable risks of damage, loss or hazard. Such maintenance shall include, without limitation, painting',~repair, rep~acement and care for roofs, gutters, downspouts, exterior building surfaces, driveways, walks and other exterior improvements (including landscaping of yards and planter strips along streets abutting such Lot) ani glass surfaces. a. Damages suffered by Lots and/or improvements located thereon caused by fire, flood, storm, earthquake, riot, vandalism, or any other cause shall be the responsibility of the Owner to repair or restore to undamaged condition within the time reasonably and objectively necessary in order to effect such repairs or restoration following damage. 01 b. Each Owner shall~~likewise be responsible to repair damage from, and to maintain such Owner's Lot and all sidewalks, aprons, parkways and street landscaping located upon or immediately adjacent thereto free of unsightly, unreasonably ezcessiVe, or unsafe accumulations of refuse, debris, water, ice, snow and the like. ~~ ~; ~~ I; „ TURNBERRY~SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS I ~; Page 7 '- i I~, • • i~ ,, c. Purchasers and/oriOwners shall plant, replace, prune and maintain street trees and landscaping as required by the Declarant, applicable General Actions of the Association and/or Committee policies or guidelines. When planted, the proposed street trees shall be a minimum of 2" in caliper and planted in accordance with the Turnberry Subdivision Landscape Plan included in Exhibit "B". The street trees shall be installed and in a healthy condition within 30 (thirty) days of the sale or transfer of a dwelling unit by the Purchasers to subsequent owners~~ 3.20 Temporarv Structures. No structure of a temporary character, trailer, excavation, tent, shack, garage, barn or other outbuilding shall be used on any Lot at any time as a residence, either temporarily or permanently. Persons engaged in the construction, reconstruction, repair or remodeling of improvements on a Lot may place or erect temporary or portable sheds or other temporary structures on a Lot to serve as a field office or shop facility, and/or to store or house tools, equipment or building materials in connection with such activities on such Lot and/or other Lots in the immediate vicinity. Such sheds and/or structures shall be maintained in good order, condition and appearance and must removed no later than the date the work undertaken by such persons on such Lot is completed or is disconti~ued! or interrupted for a period in excess of fourteen days. 3.21 Setback, Maximum Heiqtit and Minimum Yard Requirements. Each Lot shall be subject to: (i) all setback, maximum height and minimum yard requirements shown on the Plat and/or established by any public authority or agency having jurisdict~on thereof and (ii) any land use review procedures established by any public authority or agency having or acquiring the power to establish, review or grant variances from any such requirements. ~~ I~ 3.22 LandscapinQ and Decks. j'. a. Unless weather or other conditions will unreasonably interfere with, prevent, or imperil the results of such efforts, landscaping~and planting of all areas of all Lots in plain view of adjacent streets, sidewalks and other Lots shall be completed to~ the reasonable satisfaction of the Committee or in accordance with applicable General Actions of the~~Association, if any, within nine calendar months following the date on which construction of any Dwelling Unit on such Lots is substantially completed. b. Asphalt and artifie al turf is not permitted for the purpose of surtacing driveways, sidewalks or other walkways, or as ground cover, on any Lot. Pcofessionally installed, enclosed, "sport courts." tennis courts and similar improvements otherwise conforming to this Declaration are not subject to this prohibition. c. Retaining walls co~ tructed with, or which include, railroad ties are prohibited unless the railroad ties are fully and permanently concealed from view from any angle. d. Yard or landscape, ornaments such as concrete, fiberglass or plastic animals or birds, fountains, bird baths, sculptures or figurine's which are visible from adjacent streets or sidewalks are not permitted. However, acchitectural elements or details such as fountains or sculpture incorporated in the structure of a Dwelling Unit, permanent landscape rockery or retaining walls the design and appearance of which has been approved by the Committee including such elements are permitted. e. Use of rock, gravel or bark for purposes of ground cover in yard areas visible from adjacent streets or sidewalks is prohibitedaexcept in beds planted with evergreen shrubs. Plastic, fabric and other materials in the nature of silt fencin~g installed on the surface of the ground in landscaped areas or elsewhere on any Lot shall be concealed from view at all times by rock, gravel or bark ground cover installed and maintained in conformity with the foregoing sentence. f. Silt fences, hay b~ales and other materials commonly utilized for, or which function for purposes of temporary control of erosion'and/or stabilization of soils shall be removed, or replaced by permanent improvements approved by the ~;Committee as soon as practicable and in no event later than the time landscaping is required to be completed in accordance with subparagraph a., of this section 3.22. i g. Upon request of the Committee, unsightly or dying plants, trees, shrubs and/or lawns must be removed and replaced by the Ow ~er of,,the Lot on which they are located unless measures are undertaken and completed to restore their appeara~nce or restore them to a healthy and attractive condition. j ~~ Ci TURNBERRY~ SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS , ~~ Page 8 ~ i; i h. Noxious or pois ~nous ;plants of an descri tion are rohibited eve where on the Pro e Y P p rY P rtY unless continuously confined to the interior of a Dwelling Unit. i. Ponds, pools and/,or other areas which contain or accumulate standing water which result in the presence of mosquitoes and/or ot~er undesirable pests, or which may constitute an attractive nuisance, are prohibited. ; !° j. Excessive infestations by weeds in landscaped areas and/or lawns of any Lot in plain view of public streets or pedestrian walkw'ays, or from less than 6-feet above ground level on any adjoining Lots, must be removed by or at the expense of the Owner or occupant(s) of such Lot. k. Unless the same tias been determined to be diseased beyond cure, dead or dying by a licensed arborist or such removal is required by this Declaration or governmental regulation, order or ordinance, no tree with a trunk diameter of six inches~'or more at the base may be removed from any Lot without the prior written approval of the Committee. Such ~approval may be conditioned on replacement of such tree with a tree of such type and size, and within such time frame, as the Committee may reasonably determine. I. Hedges, shrubs, bushes, trees and other landscaping elements, fences, walls or other barriers which in any way interfere with the'' ability of motorists, cyclists or pedestrians using streets or sidewalks abutting or in the immediate vicinity of any~Lot to readily observe and safely respond or react to the presence of traffic controls, other vehicles, bicycles o~ pedestrians on or entering the street or sidewalks from intersecting streets, driveways or other locations, are prohibited and shall be removed or altered to eliminate such interference(s) by or at the expense of the Purchasery~r Owner of the Lot on which they are situated. 1 m. Hedges, shrubs, bushes, trees and other landscaping elements present on any Lot which hereafter develop or grow to an eztent which the Comrnittee determines unreasonably impairs or eliminates an objectively significant and desirable~ view or outlook otherwise available from or in the immediate vicinity of any Dwelling Unit situated on any other Lot, shall be trimmed or pruned, or if necessary removed, by or at the expense of the Owner of the Lot `upon which such hedges, bushes, trees or other landscaping elements are present to the extent necessary to ~estore and preserve such view or outlook. n. Landscaping plansfsubmitted for approval by the Committee shall describe or depict adequate drainage of areas to be landscaped in accordance with such plans. Surface and storm water must be directed away from buildings located on a Lot and may not be allowed to pond on such Lot. Water may flow from an uphill Lot to a downhill Lot provided no diversion or channeling results in increase or concentration of surFace water flow on downhill properties. ~~Every Purchaser and Owner shall be and remain responsible for providing and maintaining surtace water flows from their Lot in accordance with the drainage patterns which existed prior to construction of any Dwelling Unit and/or other improvements on, above and below the finished grade and contours of such Lot. ~. o. Exterior foundation surfaces, piers and exterior supporting structures for decks or similar structures extending more than twelve inches above finish grade must be sacked, sided or otherwise covered or screened from view and painted or~stained to be compatible with adjacent exterior surtaces. 3.23 Siqns. No signs of any ~kind shall be displayed to public view on any Lot unless approved by the Committee. The Committee shall develop one or more guidelines pertaining to signs advertising the availability of Lots and Dwelling Units constructed, or to be constructed on Lots for purchase, and in the case of Dwelling Units, for rent or for lease. Such~guidelines may be amended from time-to-time at the sole discretion of the Committee. ~; 3.24 Leasinq and Rental of D~ellinq Units. No Owner may lease or rent a Owelling Unit or any portion thereof for a period of less than thirt'y days. ~~ a. All leases or rentals of Dwelling Units shall be made subject of a written lease or tenancy agreement. Such leases or tenancy agreements shall provide that the terms thereof are subject in all respects to the provisions of this Declaration,~'the Bylaws of the Association and all rules and regulations duly adopted thereunder and complete copies of~~his Declaration, any such Bylaws, rules and regulations shall be provided by the Owner(s) of any Dwelling Units: so leased or rented to the tenants or lessees upon commencement of their i3 ~i . TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS ~. i ,~ Page 9 il . tenancy. Such /eases or tenancy~ agreements shall further provide that any failure by the lessee or tenant to comp/y with fhe terms of this Declaration, said By/aws and said ru/es and regulafions may constitute cause for premature ferminafion of the fenancy created thereby. ; c. If the Board of Directors of the Association or the Committee determines that a lessee or tenant has violated any provisions of thi`s Declaration, the Bylaws or any one or more of the rules and regulations mentioned above, then, after havirig provided the Owner of the Dwelling Unit occupied by such lessee or tenant no less than ten days' advance notice of its intention to do so, the Board or Committee may either (I) require the Owner to terminate such lease ori~ental agreement in compliance with applicable laws or ordinances governing residential tenancies, or (ii) require the Owner to provide reasonable financial assurance that such Owner has taken measures to prevent further;violation by such lessee or tenant which the Board of Directors or Committee, in its discretion, finds adequate to i~ ure that such violations will not recur. 3.25 Easements. Easements for installation and maintenance of utilities and drainage facilities are reserved on Lots as shown on the Plat. Wthin these easements, no structures, plantings or other materials shall be placed or permitted to remain which may damage or interfere with utilities located therein or the flow of water through drainage channels in the easements. Those portions of any Lot which are subject to any such easement and all irnprovements therein shall be maintained continuously by the Owner of the Lot except for those improvements for which the Association, a public authoriry, utility cornpany, maintenance committee or other party is, or becornes responsible. ~~Owners shall be responsible for removal of any fencing or vegetation in, or which impairs access to any portio ~(s) of their Lots in the event a utility company, public agency or official, or the Association requests that they do so. 3.26 Mailboxes. All mailboxes~and stands will be consistent design, material and coloration as specified by the Architectural Committee, and to assure uniformity, shall be located at places designated by the Architectural Committee and or /the Postal Service. 3.27 Water. Water Riqhts. Each party accepting and recording a deed to any property in this Subdivision or occupying any property in this Subdivision acknowledges, understands and agrees to the following: (a) that such property is in an irrigation Di'strict, including but limited to Nampa-Meridian Irrigation District; (b) that the water in said district has not been ~t~ansferred from this property; (c) that each Owner of any Lot is subject to all assessments levied by any such ^irrigation District; (d) that each Lot Owner shall be responsible to pay any levies of irrigation district attributable to that Lot; (e) that these assessments are a lien upon the Lot. Each Owner or occupant of any Lot in Turnberry Subdivision No. 1 specifically releases and waives any and all claims of any kind against Declarant, its a~gents, employees, officers and Directors relating to water rights of irrigation affecting such lot. ~j 3.28 Irrigation; Maintenance of~'Irriqation Pipe or Ditch. Irrigation water, when available, will be supplied through Nampa-Meridian Irrigation~District via a pressurized water system. Each lot shall be subject to any License Agreements with Nampa-Meridian Irrigation Districts affecting the property. In the event of any conflict between the terms of these CC&R's and any License Agreement with Nampa-Meridian Irrigation District, the License Agreement shall control. iEach Owner shall pay Nampa-Meridian Irrigation District water assessments as assessed against any lots owned by said owners. Each lot shall be subject to said assessments. In the event that the irrigation water system is not maintained by the Nampa-Meridian Irrigation District, then any ditch, irrigation system, or irrigation pipe;~ hich lies within any Owner's property shall be maintained by the Owner of the property, but such maintenance shall be limited to the pipe or ditch inside the Owner's property. ~~ ARTICLE IV. ARCHITECTURAL REVIEW AND CONTROL -. 4.1 Improvements Defined. F~or purposes of this Article and Declaration, the words "improvement" and "improvements" mean and refer all~and any improvements to, or alterations of, land of any description, including but not limited to the following: a. Landsca in exce t i~~i ation s stems and shrubbe roundcover, trees and other lantin s P~ 9 P 9 Y rY, 9 P 9 located, installed, cared for, cultivated and maintained in accordance with the terms and provisions of this ~ Dectaration and any applicable General Actions of the Association; ~. f ~~ TURNBERRY~SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS ~ Page 10 I! 1 ~ ~ ~ !~ b. Dwelling Units, outbuildings or shelters of any description; c. Fences, walls, hedges''or other physical or visual barriers; d. Driveways, walkways, ~~dewalks, pathways or trails visible from any public street, road or sidewalk on or adjoining the Property; ~j d. Outdoor recreational, sports or playground facilities or structures on any Lot which are visible from any public street, road or sidewalk on or, adjoining the Property and/or from any other Lot or Dwelling Unit ; and e. Generally all and any ~~ther products or results of construction efforts or activities conducted on or with respect to the Property and any portion thereof which are intended, or reasonably likely, to remain in place on a Lot for a peciod of time in excess of one-year and which (i) are, or result in, any significant alteration of the landscape of a Lot, or (ii) affects or discernibly changes the appearance of any building, Dwelling Unit or other thing physically constructed or installedl on a Lot which is visible from any public street or sidewalk or from any other Lot or Lots or any Dwelling Unit(s) constructed on such other Lot or Lots. 4.2 Committee Approval ReQUired. No improvement may be erected, placed, installed or altered on the Property, or on any Lot, until its ~exterior design and configuration; exposed elements and/or exterior surtace materials (including siding, trim, masonry, fencing, roofing materials, any skylights, vents or similar features); exterior paint or finish colors and color scheme, and its location and orientation on the Lot have been approved in writing by the Committee. ~~ 4.3 Procedure. Before applyin"g for any building or other governmental permit which may be required for an improvement to be made and, in any event, before commencing any physical alteration on a Lot associated with the construction, installation, remor~al or alteration of any improvements not requiring such permit(s), the affected Purchaser, Owner or other party,,shall prepare and submit such materials and information pertaining to the matters mentioned in section 4.2~ immediately above as the Committee may reasonably require or request accompanied by a written reques~ for approval thereof and full payment of any fee or charge payable to the Committee in accordance with its published rules, regulations or guidelines. a. Within ten busines~s day~s following its receipt of all such materials and payment of any such fee or charge, the Committee shall use its best efforts to review the materials for conformity with the provisions of this Declaration, applicable Bylaws or General Actions of the Association, applicable rules, regulations and guidelines of the Committee, and any applicable standards of quality of workmanship and/or materials established by the Declarant. Tlie Committee shall assess the materials presented for harmony of exterior appearance and/or design with existing structures and impcovements; for location, compatibility with topography, finished grade elevations and co''ntours; for potential unreasonable or undesirable obstruction of views or outlooks from other Lots, and fo~~ conformity with proper grading and drainage standards and policies. On conclusion of its efforts, the Committee shall render its written approval, decision or other response to the party who requested such review. ~~~ i; b. In the event the Committee fails to render its approval or some other response within twenty business days after all such materials have been delivered to it for review and any such fee or charge has been fully paid, the improvements therei ~ described may be considered approved. 4.4 Committee Created; Membership; Appointment and Removal. An Architectural Review & Control Committee (the "Committee" herein) shall be created by recording of this Declaration and shall consist of as many persons as the Declarant may from time to time appoint. ~. a. The Declarant may remove any member of the Committee at any time and may appoint new or additional members at any time and shall keep on file at its principle office a list of names and addresses of the members of the Committee. j3 0 b. Unless its existence shall have been previously extended by resolution duly adopted by the Board of Directors of the Association, the Committee shall cease to exist one year after substantial completion of all Dwelling Units on Lots which may now and hereafter become subject of this Declaration and the powers, discretion and duties of the Committee shall be exercised and performed by the Board of Directors. ~, f; ~~ TURNBERRYiSUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS i; ~~ Page 11 i~ il d~ ~ ~ I) !~ c. If the existence of the Committee is extended in accordance with the provisions of subsection 4.4 c., immediately above, the members thereof shall be appointed by, and serve at the pleasure of, the Board of Directors of the Association; sha'll comsist of persons who are Owners of Lots, and shall not include any directors, members, officers or ;employees of the Declarant or any member thereof or any corporation, partnership or other form of business~,,or commercial enterprise affiliated with or owning an interest in the Declarant unless such person is also an;Owner of a Lot. 4.5 Liabili . ~~ a. Neither the Decla`r'ant nor its members nor their agents, representatives nor employees; nor the Committee nor its members, nor the Association nor any director, officer or agent thereof, shall be liable to any Purchaser, Owner, resident, occupant, fenant, lessee or other person who may suffer or claim any loss, damage, cost, expense, (including, but not~limited to, attorneys' fees), liability or prejudice on account of, or attributable wholly or in part to, any act or failu~e to act on the part of the Declarant or any member, representative, agent or employee thereof, or the Committee or any member thereof, or the Board of Directors or any member or agent thereof having or exercising the powers, discretion and duties of the Committee, so long as such entities or persons acted or failed to act in 'good faith without actual cause to believe that their acts or omissions were grossly negligent or unlawful unde~ all the facts and circumstances actually known and understood by them at the time such acts or omissions occurred. ii b. Under no circumstances whatsoever shall any action on the part of the Declarant, its members or their agents, representatives o~~employees: the Committee or its members, the Association, or any director, officer or agent thereof, be deemed, construed or relied upon by any party or person interested in, or affected thereby, to constitute any review, analysis or approval of structural, geophysical, engineering or other technical, scientific or similar conditions or m~a'tters. ~, c. Consent or approval on the part of the Declarant, its members or their agents, representatives or employees: the Committee or its ~ members, or the Association or any director, officer or agent thereof, shall never, wnder any circumstances w,hatsoever, be construed as any form of representation, warranty or assurance on the part of Declarant, the Committee, the Association or any such persons respecting compliance with the requirements or provisions of any,~legislative enactments, ordinances, rwles or regulations adopted or enforced by or on behalf of any governmental unit or agency and all such requirements and provisions shall be complied with by all Purchasers, Owners, residents and occupants of the Property regardless of any such consent or approval. ~; 4.6 Actions of the Committee. ~, Actions on the part of the Committee shall be effected by vote or consent of a majority of its members without the necessity of a meeting provided all the members thereof shall have been afforded a reasonable opportunity~~and are available for purposes of participating in the action. The Committee shall render its decisions in writing ~setting forth the decisions made and/or the action(s) taken which identifies by name the members who suqqorted such decisions or action. 4.7 Committee Discretion. The Committee may, at its sole discretion, withhold or condition consent to or approval of any proposed improvement if a majority of the members of the Committee reasonably determines that the proposed improvement or~ any element(s) thereof would be inconsistent with the provisions or the intent and purposes of this Declaration;f~or inappropriate for the particular Lot(s) involved, or incompatible with any rules, regulations, policies, standards or design guidelines from time-to-time adopted by the Committee. Consideration of siting, location, shape, size, color, design, height, solar access, impairment of the view from other Lots, general appearance arid compatibility with neighboring Improvements, effect on uses and enjoyment of other Lots, disturbance of existing terrain and vegetation, and any other factors which the Committee reasonably believes to be relevant~`may„ but shall not be required to be taken into account by the Committee in determining whether or not to app~ove or consent to, or condition its approval of or consent to, any proposed improvement. ~~ 4.8 Non-waiver. Unless the Committee shall, in the exercise of its discretion, otherwise specifically agrees or determines, consent or approval on the part of the Committee with respect to any matter proposed to it or within its jurisdiction shall never, u~der any circumstances whatsoever, be deemed to constitute a precedent or COVENANTS, CONDITIONS AND RESTRICTIONS Page 12 Yq ~y 1~ . • waiver impairing its right to withhold, modify, condition or qualify approval as to the same or any similar matter thereafter proposed or submitted to it for consent or approval. 4.9 Effective Period of Approval or Consent. Unless a lesser period is prescribed by the Committee in a particular case, Committee consent to, or approval of, any proposed improvement shall expire twelve months after such consent or approval is issued in writing as aforesaid unless: (i) construction of the work in compliance with such approval or consent has in fact been commenced prior to expiration of such period and completed in its entirety within ninety days following expiration of such period, or (II) the affected Purchaser or Owner has applied for and received an extension of; such consent or approval from the Committee evidenced in writing. 4.10 Applicabilitv to Declarant,.~ The provisions of this Article IV shall not apply to any improvements constructed by or for the benefit of;;Declarant on the Property. 'i ~ ,~ ARTICLE V. ~'TURNBERRY SUBDIVISION OWNERS ASSOCIATION ~a 5.1 Oraanization of Turnberrv Subdivision Owners Association. Prior to execution and recording of this Declaration, Declarant has caused the~ organization and creation of a non-profit corporation called Turnberry Subdivision Owners Association,~~lnc., (the "Association" herein). The affairs of the Association shall be managed by a Board of Director's in accordance with the provisions of this Declaration, and the Articles of Incorporation and Bytaws of the Aslociation. 5.2 Successor Association. In the event the Association is at any time dissolved, whether inadvertently or deliberately, it shall automatically be succeeded by an unincorporated association called Turnberry Subdivision Owners Association (also the "Association"). All of the property, powers and obligations of the incorporated Association existing immediately Cprior ito its dissolution shall thereupon automatically vest in the successor unincorporated association. Such vesting shall thereafter be confirmed and evidenced by appropriate conveyances and assignments by~he incorporated Association. To the greatest extent possible, any successor unincorporated association shall be governed by the Articles of Incorporation and Bylaws of the Association (as the same may be amended from time to time) as if they had been drafted to constitute the governing documents of the unincorporated association. ~~ 7~ 5.3 Powers, Duties and Obliqations of Association Generallv. The Association shall be responsible, and have the powers and duties nece'ssary, for management and administration of the affairs of the Association generally, including, without limitation, all affairs, matters, issues affecting the Property as a whole and all matters relating to all Common Property. 5.4 Specific Powers, Duties and ObliQations. Without limiting the generality of the provisions of section 5.3 immediately above, the Associatii~n shall have, exercise and perform all of the following powers, duties and obligations: ~, a. The powers, dutie's and obligations granted to the Association by this Declaration, its Articles of Incorporation and its Bylaws as the same are now constituted or hereafter amended, modified or restated. b. The powers and(~obligations of a non-profit corporation pursuant to the general non-profit corporation laws of Idaho. I~ c. The power and obligation to care for, maintain, construct, reconstruct and otherwise manage and control all Common Property at the expense and for the use and benefit of the Association and its members. d. Any and all additional or different powers, duties and obligations necessary or desirable for the purposes of carrying out the functions of the Association pursuant to this Declaration and otherwise promoting the general welfare and interests o~the Owners. 5.5 Membership. Upon and after closing of the sale of the first Lot to a Purchaser, the Owner(s) of each and every Lot then or thereafter mad'e subject of this Declaration shall, during the entire period of such Owner's ownership of any Lot(s), be a m~ember of the Association. Such membership shall commence, exist and continue simply by virtue of such ownership; shall expire automatically upon termination of such ownership, and SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 13 • ~ need not be confirmed or eviden ~ed by any certificate or acceptance of inembership. When more than one person or entity holds an interest as Owner in any Lot, all such persons shall be members of the Association. 5.6 Tcansfer of Membership. `~Membership in the Association shall be an incident of ownership of any Lot now or hereafter made subject ~of this Declaration, and any assignment, transfer, pledge, hypothecation, conveyance or alienation of such membership made or attempted in any way except by way of transfer of title to said Lot (and then only to the transferee of title to such Lot), shall be utterly null and void. Delivery or recording of any instrument effective to transfer beneficial title to a Lot under the laws of Idaho shall operate automatically to transfer the membership in the A~ssociation incident to ownership thereof to the transferee. 5.7 votinq f~ , a. The Declarant shall retain control of the Association until Turnover occurs as provided by section 5.11 of this Declaration an~d the Bylaws of the Association. At and following Turnover, each Lot shall be allocated one (1) vote in the affairs of the Association. If an Owner owns more than one Lot, such Owner shall have one vote for each Lot owned. Declarant shall be entitled to vote as the Owner of any Lot(s) owned by Declarant and the Association shall be entitled to vote as the Owner of Lot(s) then or thereafter owned by the Association. The Association sha'I not; be entitled to vote as the Owner of any such Lot(s) in any election of directors. ?i b. No lessee, tenant;~ resident or other occupant of any Dwelling Unit or Lot who is not an Owner shall have any voting rights in the A~ssociation. 5.8 Board of Directors. At a'nd following Turnover, the Board of Directors of the Association shall be cornprised of no less than three di~ectors. Directors shall be elected by vote of the members of the Association in accordance with the terms and~provisions of the Bylaws of the Association and in the event of a vacancy occurring on the Board, the positio{n of such director(s) shall be filled in accordance with the terms and provisions of said Bylaws. ~~ 5.9 Liabili . Neither the Dec"larant, its members nor any directors, officers, representatives nor agents thereof; nor the Association, any persom serving as an officer of the Association, any person serving as a director of the Association, nor any person serving as a member, or exercising the rights, powers or authority of a member, of the Committee, shall be liable to any Purchaser, Owner, resident or occupant of the Property for any damage, loss, expense or prejudice suffered or claimed on account of any action or omission by or on the part of the Declarant, the Association, any~such officer(s), any such director(s), or such Committee member(s), provided only that such action or omission was undertaken in good faith and in accordance with actual knowledge possessed by the entity or person ~~ i~ 5.10 Interim Board. Concurrently with, or immediately following, filing of the Articles of Incorporation of the Association, Declarant shall appoint an interim Board of Directors of the Association consisting of three (3) directors. The members of the `interim Board of Directors of the Association shall serve until replaced by Declarant or until their successo'r's have been elected by the Owners at or after Turnover as described in Subsection 5.11 immediately belo ~ 5.11 "Turnover". a. Not later than on ~~~hundred twenty days after the date upon which seventy five percent (75%) of all Lots which are now and at anytime made subject of this Declaration shall be conveyed to the Purchasers thereof, but in no event sooner tFian 12-months following the date this Declaration is recorded, Declarant shall turn over administrative responsibility of~ the Property then subject to this Declaration and control of the affairs of the Association to the Owners. i~ b. Turnover shall be~ initiated by mailing to the street address of each Lot then subject of this Declaration a written notice of DeclaranYs intent to do so effective as of a date not less than forty-five days following the date of such notice. ~~ c. Turnover shall be~deemed for all purposes effective on the date specified in such notice whether or not the members of the Association at that time shall have elected a Board of Directors and such Board of Directors shall have acknowledged in writing delivered to Declarant, assumption of the powers, authority and !~ TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS ~~ Page 14 ~~ ~. ~ ~+ -. i, ! . • ~~ i ~i ~° obligations vested in the Board and the Association by virtue of this Declaration and the Articles of Incorporation and Bylaws of the Association. ~~ I d. If Declarant fails r~o provide notice of intent to turn over administrative responsibility for the Property and control of the Association prior to expiration of the period above-described, any Owner may give the notice as required by this secti' n. e. On the effective date of any notice of the nature described in subparagraphs b., or d., of this section 5.11, all members of the Interim Board of Directors shall be deemed for all purposes to have resigned their positions as such and their successors shall be elected by the membership of the Association as provided in its Bylaws. At Turnover, Declarant shall deliver to the Association those items in Declarant's possession relating to ownership of Common~Property and administration of the Association as set forth in the Bylaws. Turnover shall take place notwithstanding the presence or absence of a quorum of inembers the Association at any meeting or assembly of Owne~s convened for purposes of assuming control of the Association or any lack or participation by such members(:i any other process or procedure initiated or conducted by any Owner(s) or the Declarant for such purposes. I; f. If and when Decla~ant has complied with the foregoing requirements of this section 5.11, unless Declarant otherwise has sufficient voting rights as an Owner to control the Association, Declarant shall be relieved of any further responsibil~ty for the administration of the Association except as Owner of one or more Lots. ~_ ~i g. Failure, neglect or`:arefusal of the Association, its Board of Directors, any Committee or members of the Association, including, without lirnitation, the Declarant, to administer the affairs of the Association; or to exercise its powers, rights or prero~gatives; or to otherwise perform the duties and obligations of the Association, or to see to or cause their performance in accordance with this Declaration, its Articles of Incorporation or Bylaws shall in no way affect or diminish the effectiveness of the terms and provisions of this Declaration, such Articles or said Bylaws or their binding eff Rc~~t on the Owners and Lots now or hereafter subject thereof. 5.12 Rules and ReQUlations. E; a. The Board of Directors on behalf of the Association may, from time to time, adopt, modify, or revoke such rules and regulationsrgoverning the conduct of persons and use of Lots and Common Property as it may deem necessary or appropriate in order to assure the peaceful and orderly use and enjoyrnent of the Property and/or conformity of such~use with the terms and provisions of this Declaration, any other declarations annexing additional lands to the P~operty as above-stated, and any General Actions of the Association. b. A copy of all rule`s and regulations adopted on behalf of the Association and a copy of each amendment, modification or revocation thereof, shall, upon adoption, be promptly mailed or otherwise delivered by or on behalf of the Board of Dir;e~~Ctors to each Owner at his, her or its address appearing in the records of the Association. ;~ c. All such rules and regulations, and any such amendments or modifications thereof, shall be binding upon each Owner and occupants of all Lots to which they pertain on the date a copy of the same is mailed or otherwise delivered as lierein stated. Adoption of rules and regulations on behalf of the Association shall be effected in accordance with the :Bylaws of the Association. ARTICLE ~I. ASSESSMENTS AND LIENS OF ASSESSMENTS 6.1 Assessment of Owners and Lots. a. Subject to the provisions of subparagraphs 6.4(a) and 6.4(b) below, all Owners, other than Declarant, shall be obliged to contribute to the payment by or on behalf of the Association of all expenses and costs incurred or which are required to be incurred by the Association which are reasonably necessary in order for the Association: (i) to perform ~effectively, or cause to be performed effectively the functions and obligations on its part to be performed underj this Declaration, (ii) to care for, maintain, repair, construct, reconstruct and preserve all Common Property; (i~i) to otherwise protect and preserve the Property and Common Property in keeping with the purposes of this;;Declaration set forth in the Recitals set forth above, and (iv) to enforce and otherwise promote or encourage ~ compliance with the terms and provisions of this Declaration, its Articles of [!i TURNBERRY; SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS ,~ ;~ Page 15 ~~ I~ ,i , ~ ~ ~j Incorporation, its Bylaws and all rules and regulations duly adopted consistent with the provisions of each and all of said instruments, all as reasonably fixed, determined and budgeted in accordance with this Declaration and said Bylaws. For purposes of this ~Article VI, all expenses and costs of the nature described in this subparagraph are called "Association Expenses"R~ b. The mechanism ~and method for recovery of all such contributions and amounts shall be assessment thereof to the Owner(s) and upon the Lot(s) responsible for payment thereof. 6.2 Assessment of Declarant~~ Prior to Turnover, Declarant shall have no obligation for payrnent of any amounts assessed against and payable by an Owner pursuant to the provisions of this Article VI. However, following Turnover, Declarant shall be assessed as the Owner of any Lot which it then owns, but such assessment shall be prorated to th~e date of sale of such Lot. 'i ~' ~ ii 6.3 Payment and Collection of~Assessments. a. When a Lot is transferred to a Purchaser, and each time a Lot is transferred to a new Owner(s), the transferee shall pay to the Association (through escrow whenever applicable) a"Transfer AssessmenY' in an amount equal to one-fourth (25%)~of the total annual General Assessment (as determined in accordance with subparagraph a., of section 6.4 C#mmediately below), payable with respect to such Lot during or for the Association fiscal year during whieh such transfer shall occur. The Transfer Assessment constitutes an initial contribution to the working capital of the Association on the part of such Purchaser(s) or new Owner(s) and shall be used by the Association only to pay Association Expenses. Transfer Assessments on a Lot are payable in addition to the amount of the Gene~al Assessment otherwise payable with respect to such Lot during and for any fiscal year. ~~ b. Assessments may' not be waived or abated due to lack of or limited access to, or unavailability for use of, any Common Property~: The Association shall take prompt action to collect from any Owner(s) any assessments which remain unpaid~by such Owner(s) for more than forty-five days from the date payment thereof becomes due. All and any costs and expenses reasonably incurred by the Association for purposes of collection of unpaid assessments shall be recoverable by the Association from the party or parties responsible for payment thereof all by way of Individual Lot;;Assessment as provided for at subsection 6.4.b below and, where applicable, section 7.5 of this Declaration. ~; 6.4 Basis for Assessments. ;~ a. The total amount of all budgeted Association Expenses, including, without limitation, amounts to be contributed toward separately~budgeted funds and reserves established for the common benefit of all members of the Association in accordance with General Actions of the Association or in accordance with the Bylaws during or for each fiscal jyear of the Association, less the amount of any common profits, Transfer Assessments and surpluses of the Association, if any, available for payment of Association Expenses, shall be divided by the total number of Lots subject of this Declaration on the last day of the prior fiscal year and the result obtained shall constitute the#amount of the "General AssessmenY' payable with respect to each Lot subject of this Declaration during and for such fiscal year. Prior to Twrnover, the amount of General Assessments which would, but for the provisions of section 6.2 above, be payable by the Declarant, shall be allocated among and assessed against all Lots not owned by the Declarant as of the last day of the next prior fiscal year of the Association in such manner and amounts as the Declarant shall determine in the exercise of its sole discretion. ,. b. Notwithstanding th'e other provisions of this Article VI, the Association may assess any individual Lot or Lot(s) an "Individual Lot AssessmenY' to recover all or any portion of any costs, expenses, losses, damages or other charges incurred or suffered by the Association, or by the Owner(s) of any other Lot or Lots, attributable to the negligence or j misconduct of the Owner of such Lot, any resident thereof, or the family members or invitees of any such Owner, or resident, and for the recovery of any unpaid fines, fees, assessments or charges payable by the Owner(s) thereof to or for the benefit of the Association by reason of the terms and provisions of this Declaration, th~e Bylaws of the Association and/or any rules and regulations adopted in accordance therewith or pursuant thereto. f' s! i? TURNBERRY~SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS ~~ Page16 i~ !~ f~ a{ • ~ I~ 6; ~' 6.5 Notice of Assessments. ?The Association shall, not less than annually, provide written notice to the Owner(s) of each Lot setting forth the amount of the General Assessment and any Individual Lot Assessment(s) payable with respect to such Lot calculated and/or assessed in accordance with section 6.4 of this Declaration. Payment of such assessments shall be due and payable on or before a date or dates, or in installments, as set forth in the notice which shall be not less than thirty days after the date the notice is mailed or at such later time or times as the Association may specify in the notice in accordance with this Declaration or the Bylaws. The Association or its managing agents shall promptly provide any Owner who makes a request in writing with a written statement setting forth the amount and nature of any and all assessments levied and unpaid with respect to any Lot(s) owned by such Owner. However, neither the Association nor its managing agents shall be obliged to provide any such written statement more frequently than once every sixty days. ~~ 6.6 Creation of Lien and Pe~sonal Obliqation of Assessments. Whether or not stated or otherwise expressed any instrument convey~ng ownership of any Lot, by acquiring ownership of such Lot, each Owner shall be deemed for all purposes whatsoever to have unconditionally promised, covenanted and agreed to pay to the Association all assessments o~~other charges as may be fixed, established and collected from time to time in the manner provided in this Declaration or the Bylaws of the Association. Such assessments, charges, and other costs together with any interest; expense or attorneys' fees imposed pursuant to Article VII of this Declaration shall be a charge on tlie land and Lot so acquired and constitute a continuing lien upon such Lot until fully paid and satisfied. In addition, all such assessments, charges and other costs shall be the personal obligation of the Owner(s) of sucli~ Lot at the time the assessment or charge became due and payable. Such liens and personal obligations shall be enforced in the manner set forth in said Article VII. ~~ ARTICLE VII. REMEDIES ~~ 7.1 Non-conforminq Improvements; Violation of General Protective Covenants. In the event any Owner, or other person(s) for whose actions or omissions such Owner is responsible hereunder, shall violate or suffer violation of any provision of this Declaration; the Bylaws of the Association; any rules or regulations adopted on behalf of the Association, or any standards, actions or decisions of the Committee herein provided for, then the Association shall have each and all the following rights, remedies and prerogatives, which shall be cumulative: ~ a To notify the Owner in writing that the violations exist; that such Owner is responsible for them, and that unless such violation(s) are corrected or abated within such time following the date of such notice as is stated therein, the Association may take any action with respect to the correction or abatement thereof as may be provided for in this Declaration or otherwise under the Bylaws and/or such rules or regulations; b. To suspend such Owner's voting rights and rights of use or the benefits of Common Property for the period that the violations remain unabated, not to exceed sixty (60) days, for any infraction of its rules and regulations; ~i c. To impose reasonable fines upon such Owner, in a manner and amount the Board of Directors of the Association shall deem appropriate in relation to the violation and to make any such fines the subject of an Individual Lot Assessment. 1j d. Provided notice of the nature described in subparagraph a., of this subsection shall have be given as therein stated and the Owner(s) of any offending Lot shall be afforded reasonable advance notice of the time such entry will take place, the Association may enter any offending Lot (which entry shall not subject the Association, the directors or office~,'s of the Association or the Committee, or any agent or representative thereof to liability for trespass, conversion;or any other claim for damages) and remove the cause of such violation, or alter, repair or replace any non;;conforming Improvement in such a manner as to make it conform the requirements or standards which pertaim thereto. In any such case, the Association may assess the Owner of the offending Lot for the entire cost of the work done, which amount, if not paid by such Owner, shall be made subject of a an Individual Lot Assessment levied with respect to such Lot. Provided, however, nothing contained in this Declaration shall be const~~ued to permit entry of any regularly occupied Dwelling Unit located on the Property without (i) the expcess cbnsent or ratification on the part of the Owner of the Lot upon which such Dwelling Unit is situated or, in the~alternative, (ii) the informed consent of an adult person regularly residing in such Dwelling Unit at the time suc ~~entry is effected. I~ [i TURNBERRYr SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 17 r ~I . • (~ I~ kj e. Resort to a court~~of competent jwrisdiction in those instances where injunctive relief may be appropriate and/or avail itself of any other or further remedies available at law or in equity. Provided, however, nothing in this section 7.1 shall be construed to afford to the Association or any person or persons acting, or purporting to act on behalf of the Association, any right to deprive any Owner of use of, and access to and from, such Owner'siLot. o~ 7.2 Failure to Pav A'ssessments: Lien; Enforcement of Lien. If any assessment or other sum charged, levied or payable pursuant to this Declaration is not paid within thirty days after it becomes due, such assessment or charge shall become delinquent and shall bear interest from the due date until paid at the rate of twelve percent (12%) per annum. ;;In addition, the Association may exercise any or all of the following remedies simultaneously or consecutively: ~' a. The Association may suspend such Owner's voting rights and right of use or the benefits of Common Property until such asse5sments and/or other amounts payable under this Declaration or the Bylaws of the Association, are paid in full and~declare all remaining periodic installments of any annual assessments or any other amounts owed by such Owner to the Association immediately due and payable. In no event, however, shall the Association deprive any Owne~ of access to and from such Owner's Lot from any public street or sidewalk abutting such Lot. ~~ b. Enforce the lien iarising under section 6.6 above for any assessments, including, without limitation, any Individual Lot Assessment(s) levied against such Lot under this Declaration or the Bylaws against the Owner of the Lot anytime after the date on which the assessment becomes due and payable to the Association. If any assessment o~~other amount due or to become due under this Declaration or the Bylaws is payable in installments, the full amount of such assessment or other amount is a lien from the date the first installment payment on account thereof becomes due. c. In any suit to forec ose any lien arising under this Declaration, in addition to the sums secured by such lien, the Association may seek and recover from the Owner(s) of the Lot(s) subject of such lien reasonable rental for the use of such Lot(s) during,,the pendency of the suit and shall be entitled to the appointment of a receiver to collect such rental. The Association shall have the power to purchase any such Lot(s) at the foreclosure sale and to thereby acquire all right, title and interest of the Owner(s) thereof and to hold, lease, rnortgage, vote the votes appurte~nant to, convey, and otherwise deal with such Lot(s) and all improvements thereon as Common Property of thp~ Association. d. Liens for assessrnents or charges provided for in this Declaration shall be subordinate to liens for taxes and assessments payable to any governmental entity and to the lien of any mortgage or deed of trust on the subject Lot made in good f; h and for value recorded prior to the recordation of the notice of any lien(s) provided for in this Declaration. ~ r~ e. Sale or transfer of any Lot shall not affect any lien acising under this Declaration. Provided, however, where any person or en#ity obtains title to a Lot directly as a result of foreclosure of a mortgage, deed of trust or land sale contract having priority over the lien arising under this Declaration as a matter of law, or by deed in lieu of foreclosure of any such mortgage, deed of trust of land sale contract, the lien of the Association for payment of any assessments or charges which became due and payable prior to the acquisition of title by such person or entity ~ shall be dis~charged and of no further effect. Provided, however, in the case of a conveyance in lieu of foreclosure,'the lien of the Association shall be discharged as aforesaid only if (i) written notice has been delivered to the Association, addressed to the person or party authorized to accept service of process on behalf of the Association, informing the Association of the mortgagee's intent to accept a conveyance in lieu of foreclosure and stating;that the lien of the Association may be extinguished in the circumstances specified in this paragraph, and (ii) any such conveyance in lieu of foreclosure is made of record no less than thirty (30) days after the date said notice is delivered to the Association. No such foreclosure sale or conveyance in lieu of foreclosure however effected shall discharge the Lot for liability for any assessments or charges thereafter becoming due or from th`e liern~of such subsequent assessments or charges. f. The Association may bring an action to recover a money judgment for unpaid assessments, fines and charges under this Declaration or the Bylaws without foreclosing or waiving the lien described i~ t~ TURNBERRY(SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS ~ Page 18 ~~ • Subsection 6.6. Recovery on for which recovery is made. g. The Association any assessments, charges or otl or the Bylaws. 7.3 Other Remedies. Nothin~ limitations on liability expressly st~ seeking any remedy which such provisions hereof on the part of ai an actionable wrong with respect compel performance or enforceme claim or cause or action or suit ari; such action, however, shall operate to satisfy the lien, or the portion thereof, hall have any other remedies available to it at law or in equity for recovery of 'r surns due or recoverable by it pursuant to the provisions of this Declaration ontained in this Article VII or elsewhere in this Declaration, save and except d, shall be deemed or construed to limit, impair or prohibit any Owner from wner may have or acquire by virtue of violation of any or the terms or other Owner, resident, occupant or other person or party who may commit such Owner including, without limitation, the right to enjoin violation, or to of any terms or provisions herein contained and the right to recover on any g in favor of such Owner by virtue of the express terms of this Declaration. 7.4 Notification of Lien Holde~s: The Association may, and if requested in writing by the Owner to do so, shall, notify the holder of, or benefciary named in, any mortgage, trust deed or vendor's interest under any land sale conteact covering individual Lot of any default in performance of the terms of this Declaration by the Owner thereof which is not cured within siix'~ty days. However, failure, neglect or refusal on the part of the Association to provide any such notice shatl not result in liability of any kind on the part of the Association to any party or parties requesting any such notification, such Owner, or any other person or party who may otherwise be injured or damaged by reason of such failure ~neglect or refusal on the part of the Association. 7.5 Attornevs' Fees and Costs! If any action, suit or other judicial or quasi Judicial proceeding is initiated by any person or party interested in or subject to the terms and provisions of this Declaration for the purposes of recovery or relief on or under any claim, cause or action or suit or remedy provided for or described hereunder, or othenivise for the purposes of enforcement or interpretation of any such terms or provisions, the substantially prevailing party or parties in such~ action, suit or other proceeding shall be entitled to recover in addition to all other relief afforded such party ~or parties, from the other party or parties in such action, suit or other proceedings, such prevailing party's or parties' reasonable attorneys' fees, charges and expenses; statutory costs, and the reasonable costs of~ necessary discovery and fees of expert witnesses or consultants engaged by such party or parties in connection~with the prosecution or defense of such proceedings as fixed by the court(s) or tribunal(s) by which such action, suit or other proceedings, including appellate proceedings, shall be tried, heard and finally decided. i~ ARTICLE VIII. MISCELLANEOUS COVENANTS 8.1 Invaliditv: Gender; Captions: The invalidity or lack of enforceability of any terms or provisions of this Declaration shall not impair or affect in any manner the validity, enforceability, or effect of the remaining terms and provisions of this Declaration!and the same shall be construed and enforced in such a manner as to effect the evident intent and purpose of this instrument. As used herein, the singular shall include the plural and the plural the singular. The masculine(~the feminine and neuter shall each include the other as the context requires. All captions used herein are intended solely for convenience of reference and shall in no way define, limit or impair the effectiveness of each an'd all of terms and provisions of this Declaration. 8.2 Amendment. a. This Declaration, ;and any individual terms or provisions hereof from time to time in effect with respect to all or any part of the Property, may be amended or repealed by Declarant alone at any time until Turnover or, after Turnover, by vote~or written consent of not less than seventy-five percent (75%) of all Owners. Provided, however, (i) no such amendment or repeal affecting the rights and obligations of the Declarant hereunder may be effected without~the express written consent of the Declarant and (ii) no such amendment or repeal affecting the rights or obligations of less than all Owners affected by this Declaration may be effected without the express written consent of at least two thirds of the Owners to be affected thereby. b. Any action effecting any such amendment or repeal shall become effective only upon recordation in the deed records of Ada County, Idaho, of a certificate of Declarant prior to Turnover, and thereafter by a certificate of the president or secretary of the Association, setting forth in full the amendment, I ~4 , TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS ~~ ~~ Page 19 i !i - ~~ . • i l~ amendments or repeal so approved and certifying that said amendment, amendments or repeal have been approved in the manner required by this Declaration. 8.3 Requlatorv Amendments.~,Notwithstanding the provisions of section 8.2 immediately above, until the conveyance of the last Lot owned by Declarant to a third party, Declarant shall have the unqualified right to amend this Declaration in order to comply with the requirements relating to the development of single-family residential improvements within ttie Property contained or required by the provisions of applicable statutes, ordinances, regulations or guidelines of the Federal Housing Administration, the Veterans Administration, the Farmers Home Administration of thie United States, the Federal National Mortgage Association, the Government National Mortgage Association, the~ Federal Home Loan Mortgage Corporation, any department, bureau, board, commission or agency of the United States, the State of Idaho, Ada County, or of any corporation or other entity wholly owned, directly or indirectly, by the United States, the State of Idaho, or Ada County which insures, guarantees or provides financing ~for single-family residential developments or lots in single-family residential developments. Ei !~ 8.4 Duration. This Declaration shall run with the lands subject hereof and shall be and remain in full force and effect at all times with respect to all property included within the Property and the Owners thereof until terminated. Following Turnover, tliis Declaration may be terminated only upon approval by the vote or written consent of the Owners of ninety'percent of the number of Lots then subject of this Declaration. Any such termination shall become effective~only ;if a certificate executed by president and secretary of the Association, certifying that termination shall become, or became, effective as of a date certain and that such termination was effected by consent or vote of all Owners of property subject of this Declaration in the manner herein prescribed, shall be duly acknowledged and recorded in the deed records of AdaO County, Idaho. 8.5 Joint Owners. In any casern which two or more persons share the ownership of any Lot, regardless of the form of ownership, the responsibility and liability of such persons under this Declaration shall be a joint and several and the act or consent of~ any one or more of such persons shall constitute the act or consent of the entire ownership interest. In the event any joint Owners shall disagree among themselves as to the manner in which any vote or right of consent field by them shall be exercised with respect to any pending matter, any such Owner may deliver written notice of sucfi disagreement to the Board of Directors of the Association and the vote or right of consent involved shall~~then be disregarded completely in determining the proportion of votes or consents given or withheld with respect to such matter. Whenever, for purposes of this Declaration, the consent, vote or approval of a certain number, percentage or fraction of Owners is specified, all Owners of a single lot shall be considered as one Owner.~; ~ 8.6 Lessees and Other Invitees. Lessees, invitees, contractors, family members and other persons entering the Property under rights derivedj;from an Owner shall comply with all of the provisions of this Declaration restricting or regulating the Ownerjs use, improvements to or enjoyment of such Owner's Lot and other areas within the Property. All Owner(s) shall be responsible for obtaining such compliance and shall be liable for any failure of compliance by such persons in the same manner and to the same extent as if the failure had been committed by the Owner. ~~ 8.7 Nonwaiver. Failure by De~clarant, the Association, the Committee, or any Owner to enforce any term, provision, covenant or restriction contained in this Declaration shall in no event be deemed a waiver of the right to do so thereafter. ~~ r, 8.8 Notice of Sale, MortqaQe, Rental, or Lease. Immediately upon the sale, mortgage, rental, or lease of any Lot, the Owner thereof shall promptly inform the secretary or the Association, or its managing agent(s), if any, of the name and address of the vendee, mortgagee, lessee, or tenant. 8.9 Notices and Other pocuments. All notices and other communications under this Declaration shall be in writing and shall be deemed to have been given on the date of delivery when delivered by personal service, or three (3) business days after the date the same are deposited in the United States mail, first class postage prepaid, addressed to the person(s) or' party to whom such notice is directed at its address determined as provided section 8.10 below. ~~ ,, ~~ i~ ~~ TURNBERRY ~~UBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS ~, Page 20 • ~I I, 8.10 Addresses. All notices and other communications under this or her Declaration shall be given to the persons and parties affected by this Declaration at the following addresses: i~ a. If to an Owner, the~ to the last address for such Owner shown in the Association's records; b. If to the Declarant~,then to: BENCHMARK LAND COMPANY - MERIDIAN (QUENZER), L.L.C., ~; c/o Pacific Santa Fe Corporation i~ 17700 SW Upper Boones Ferry Rd, Suite 100 ~' Portland, OR 97224 y person or party affected by this Declaration or who has or claims an interest in 8.11 ChanQe of Address. An ~~ the Property or any portion thereof may~change the address to which notices shall be directed to such person or party by giving thirty (30) days' wri~tt~ n notice of such change of address delivered as provided herein. ~, I' ~~ IN WITNESS WHEREOF, the Declaranf has executed this Declaration on this _ day of , 1998. ;{ ~~ !j BENCHMARK LAND COMPANY~~ MERIDIAN (QUENZER), L.L.C., an Oregon limited liability company ;,. By i ~~. Greg A. Hemstreet, Member : ~{ ~ By Pacific Santa Fe Corporation}~ Member .l ~, By Mark P. Rockwell, President o~ ACKNOWLEDGEMENT STATE OF OREGON, ~~ County of } s.s. ~ ~3 The foregoing instrument was acknowledged before me on February , 1998, by Greg A. Hemstreet and Mark P. Rockwell as President of Pacific Santa Fe Corporation who are the sole members of BENCHMARK LAND COMPAN~~Y - MERIDIAN (QUENZER), L.L.C., an Oregon limited liability company. ~i ~ ~~ f Notary Public for Oregon {~ ~; My commission expires: TURNBERRY;SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS ,, Page 21 i~ 4 . • ` I jj ~ EXHIBIT A Legal ~~escription for Turnberry Subdivision No. 1 A parcel of land being a portion of the NE'/4 of the SE'/< of Section 4, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho being more particularly described as follows: €~ ,, I, Sixty-one (61) buildable Ibts indicated as Lot 2, Block 1; Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13, Block 3; Lot 1~ Block 4; Lots 1, 2, 3, 4, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18 and 19, Block 5; Lots~~1, 3, 4, 5, 6, 7, 8, 10, 11, 12 and 13, Block 6; Lots 1, 2, 3, 4, 5, 6 and 7, Block 7; Lots 1, 2;; 3, 4, 5, 6, 7 and 8, Block 8; Lots 1, 2, 3, and 4, Block 9, Turnberry Subdivision No. 1, Ada County, Idaho. i' Seven (7) non-buildable ~I~ots indicated as Lot 1 Block 1; Lot 1 Block 2; Lot 1 Block 3; Lots 5 and 11 Block 5; Lots 2~and 9 Block 6, Turnberry Subdivision No. 1, Ada County, Idaho. a, ~# i~ i; ~ ~ A DIVISION OF PACIFIC New Address: 17700 SW Upper Boones F New Phone: 503-670-9300; Fax 503-670-! Shari Stiles City of Meridian 33 E. Idaho Street Meridian, Idaho 83642 January 16, 1998 Dear Shari: E ~ . r TM FE CORVORATION Road; Suite 100 Portland, OR 97224-7010 ~~~~~~~ JAN 2 0 1998 ~~ ~~ ~~~ Attached you will find the~ latest draft of the CC & Rs for Turnberry Subdivision. Please call me at 503-670-5437 ~~ you have any questions or need additional information. Note the new address and pho ~~ number on top. ____ _ _ Sincerely, (~ Knight Project Manager Attachment: CC & Rs C~~ ~~y ~~~~ ~ ~~~ S ~ ~~~C, ~~ZZ'~l/ 16325 SW Boones Ferry Rd Suite 203 Lake Oswego, OR 503-635-1996 Fax:503-635-3122 • ~ , C~ n ~ ~ C ~ ~ ~•~•~ o ~~~ ~ ~~~ CD`D~~~•~ ~ C„ ''~ a; r-* C ~ ~ ~ ~ ~ n 0 n ~ ~ ~ -... ~ ~ ~ ~ ~ ~ ~ ~ ~ ~. ~ ~p ~ ~. ~ ~ ~ ~. ~'~~C ~ ~.""~. ~ ~' C~D C~D -~~- ~ , ~--r v' ~' rD ~ p- ~ O ~ ~ ~' ~ O v~ ~ U~4 ~ . ~. •~-~ ~ ~ ~ ~ ~~ ~ ~ ~~.~ ~ ~,~ ~~ y ~ ~ ~ ~ ~' '_' • o CT~ ~ ~ o `~ ~ ~"d~, ~ ~ao ~cy~ ~ ~ ~ o o ~~ ~ ~~'~ ~~~o~~ O o ~a ~~~~ ~~ ~~ ~. o ~ ~~~`r•~ ~: ~t~ ~.-~c ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ -~ ~ ~ ~o A- a. ~; C~ r0 c~ ~~ ~ ~~o ~~ d~ ~ ~ ~ ~+ ~ ~~ ~ bd ° ~ Z ~ ~ ~ , ~ ~ ~ ~ ~ ~ ~ ~ ~o~ ~~ ~ -~' ° C'~~C ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a~ ~ R 0~ w O ~ rb v, '~ p Q" ~ p ~~ ~ .. O -~ ,.r'~'.t ~ ~ p,. ~ O N ~ n ~y ~n p~ A" ~p ~ - + ; p, C "~" v~ ~ ~C ~ ~ ~• ~--- ~ c~ a~ ~ c~ ~~, ~ r° ~ c ~ ~ ~ a. ~°, o~Oo : ~1~ ~~•~.~'.,-* o ~ ~ ~ t1. ,.~ C ~D ~3' c~ ~ ~ N G. O c~ ~~" ~-t O O: ~~,~ pj Cp a.. ~ ~ '~ ~ ~: ~ ~ ~ Uq O ""'' ~ `C O ~ r-~+- p ~ ',~ ~, ~ A~ C~D C~D ~ ~,~„r ~' ~ '"d ~ ~ ~C v~ ~ ~ Q' ~„ ~p "~ ~ ~ ""~ C"'{ ~' ~' ~ ~s '"C~ CD . (D ,~ "r1 ~ ~ ~ ~ . ~ S~l ~n'~"~ ~ ( ~ ~~1 ~ w ~5 ~ ~ ~ ~ !~7'.. OF MERIDIAN - DELINQUENCY LIS1 ACCT NAME I~i ADDRESS NOTES PAST DUE 1-10 MADSEN, CHARLES ~~ 725 MERIDIAN ST. 68.54 1-20 HAMMOND, THOMAS ,~ 719 MERIDIAN ST. 66.32 1-110 CCROTEAU, NORMAN r~ 717 2ND ST. W 75.92 1-800 BREWER, $ID '',~ 23 BROADWAY AVE. W 58.16 1-910 MMERMAN, JESS ~~" 241 BROADWAY AVE. W 48.22 1-1000 SAGE, CATHLEEN ?~ 631 1ST ST. W 57.f9 1-1210 MADISON 8 CARRIE 3ANDNER, RANDY 821 2ND ST. W 237.45 1-1280 . FUHRMAN, JAMES `~ 809 2ND ST. W 72.65 1-2010 , WISDOM, RICK ~~ 333 IDAHO AVE. W 67.31 1-2040 _ SEAMONS, DOUGtAS ;~,. 203 IDAHO AVE. W _ 57.05 1-2770 GENHAGEN, HAROLD, 552 1 STH ST. NW 50.62 1-2780 BLEVINS, LAURIE j~ i 592 15TH ST. NW 71.81 1-2870 BIDDICK, SCOTT ~~ ~ 740 15TH ST NW 88.94 1-3130 FLEMING, ALLEN ~~ 935 PINE AVE. W 48.22 1-3290 WILSON, EVERETT j~ ~ 802 7TH ST. W 226.39 1-3360 WILLIAMS, PAUL ?~ 535 PINE AVE. W 65.33 -450 MCCLURE, BRENT ±~; 638 CRITERION ST. W 54.75 -468 ENNINGS, DAWN ;j 659 APPLEGATE ST. W 65.94 -710 KESNER, BLAKE ~~ 11TH ST. W 75.60 -1170 CAMPOSAN, KENT ~~ 1304 1ST ST. W 103.02 -1200 SMART, B ~~ ~ 1332 1ST ST. W 72.23 -1570 ' LOCK, MICHAEL i~ 1410 2ND ST. W 88.50 -1640 DESILET, DENICE ~~ ` 1502 2ND ST. W 83.74 1fi5U COLLINS, TERRY {~ 1536 2ND ST. W 64.51 -1690 NASH, RAIPH j~; 1616 2ND ST. W 90.51 -1770 CHERRY LANE LAUNDROMAT ~ 309 CHERRY LN. W 715.07 -1860 BEVINGTON, LARUE ~~ 40 MAPLE AVE. W 72.91 -2180 SHEPARD, DUWAIN ;~ 238 CHERRY AVE. 71.97 -2360 SEINKNECHT, DAVID t~ 202 WASHINGTON AVE, W 54.31 -2450 FARRELL, MICHAEL f~ ~ 1222 4TH ST. W 90.15 -2470 BAUGES, EDWARD ;~ 339 CHERRY AVE. 58.79 -2500 SILVA, JOSEPH ;ti 338 CHERRY AVE. 65.56 -2610 PRION, TODD i~,. 64 PACK AVE. W 61.00 -2830 BRANDEL, DEBBIE j~ 50 WASHINGTON AVE. W 65.94 -3000 HOUSTON, TONY ~i 635 CHERRY LN. W 65.64 -3360 ~ ; ANTRIES, R ,~ ~ 624 CARLTON AVE. W 51.85 -3430 SPEARS, BRYCE ;~~ ~ 539 WASHINGTON AVE. W 80.70 -3600 HUTCMINGS, WILLIAM i~ 309 VUASHINGTON AVE. W 71.03 -3660 MCFADDEN, LEONARD ;~ 115 WASHINGTON AVE. W 45.76 -4390 CRAGER, ALAN ~~ ` 1232 ELM COURT 78.94 -4480 WARD, HERMAN s~ 1224 NORTHGATE CT. 72.37 -4630 HARVEY, BRUCE ~~ 1239 MAPLE ST. 134.13 -472U HENDRIKSE, DAVID ~-i 1324 14TH ST. W 41.10 -4800 TODD, JUDY i~ • 1400 NORTHGATE AVE. 70.06 ~~ ~ I~ }; 2/4198 9:40 AM ~{ ~ OF MERIDIAN - DELINQUENCY LIST ACCT NAME d~ ADDRESS NOTES PAST DUE -4940 HILL, SHARRON i~ 1537 15TH ST. W 48.16 -5020 OOD, KENNETH i~ 1538 LINDER RD. N 71.14 -5130 CASPERSEN, MAUREEN i~ 1433 14TH ST. W 91.12 -5410 ELTADES, SHERRI E~, 1434 ELM PLACE 35.15 -5610 RCMULETA, KRIS HOPKW~S 4504 WASHINGTON ST. W 71.06 -5630 MORRISON, DWAYNE ~~;. . 1121 15TH AVE. W 96.69 -5670 RANSOM, JAMES ;~ • 1A17 15TH AVE.W 49.05 -5730 WALKER, DAVID ~, 1339 CARLTON AVE. W 58.85 -5740 NIMMO, MONA f~ 1327 CARLTON AVE. W 64.43 -6t00 .JACOBS, MARIE ;`~ 1114 12TH AVE. W 48.16 -6180 HRENS, TERRY ;'~, 1228 11TH ST. W 67.31 3-24 KINNEY, KIMIKO ~~ 084 JAYTON DR. W 61.09 3 28 STIEF, CHRISTOPHER I~ ` _ 2132 JAYTON DR.W _ 71.14 3-56 MAXFIELD, SHERILYN ;~' ~ 683 ABERNATHY WAY N 47.02 3-298 KING, DAVID i~ ~ 2137 SNYDER DR. W 92.59 -31~2 BURKETT, JEFFREY ~~ 019 SNYDER DR.W 79,89 3=328 TINEZ, ZENON i~ 021 SLATON DR. W 71.U0 3-388 RiJNTON, LESLIE ; j 1968 SLATON DR. W 87.41. -410 STRA'I'E, EUGENE j~ ~ 661 TALL PINE PL. N 83.58 3-420 TH[JRBER, RICHARD ,M~ ~ 674 TALL PINE PL. N 60.17 3-690 CITY RADIATOR & MUFF'LER 671 LINDER RD. W 236.32 3-844 STAMI~~RJOHN, JIIVIMY~ 816 BROWNFIELD WY. W 48.16 -1228 FFINC'rTON, MATHEW~ • 2533 WAVE CT W 77.43 -1294 LASER, GLENN ;~ 537 CARLTON ST. W 57.35 -1454 IELDS, CHRYSTLE ~;~ 1257 CLARA AVE.N 217.41 -1.598 OGAN, 70HN ;'~ 857 WILLARD ST. W 77.29 1776 ANSING BUD ~~;; 628 WILLARD ST. W 108.76 -1786 OWELL, JON ~~ 2555 WILLARD ST. W 80.30 -1958 UPLEX, HARRY j~ ~ 322 SONOMA CT. W 120.73 -2146 JOHNSON, KEN ~~ 1364 VINEYARDS AVE. N 64.43 5-164 OBINSON, CAL ;~ 3969 ASPEN CREEK CT. W 106.56 390 URCHFIELD, DARRELL~ 3855 PARK CREEK DR. W 60.00 5-406 ASU, AVI ~~ 3711 SPRUCE CREEK DR. W 77.96 5-518 COOK, ROBERT j~ 3243 PARK CREEK DR. W 71.97 5-698 CHRISTMAN, MARIE ~~, ` 344U ELM CREEK DR. W 83.30 5-724 SARGENT, RICHARD ~~ 3600 FIR GREEK CT. W 53.08 7-76o YERGAIN, BRIAN j~ ' 397 LODESTONE AVE. S 53.08 t9-138 ESLIE CONSTRUCTION~ 558 TURNBERRY WY 15.60 0-190 ARD, LINDA ;~ 1685 SUMMERTREE WAY N 97.54 0-1282 GETT, ALAN `~ 1900 ARONMINK WAY N 48.16 U-1392 ALKER, DAVID ~~S ~ t835 ARONMINK WAY N 59.65 0-1470 LACK, JEFFREY j~,: ~ 3525 BIRDIE CT.W 53.46 0-1492 TRAMPLEASIJRE, DEIVNIS 3465 WOODMONT DR. W 67.17 at5~o ALLRED, JAY i~ 1 855 OAK HILLS DR.N 80.03 ~ ~ ; 2/4/98 9:40 AM • • C~ITY OF MERIDIAN - DELINQUENCY LIST p~ R' ACCT NAME °~ ADDRESS NOTES PAST DUE 0-1558 OE, DAVID ;~- ~ 3440 SUGAR CREEK DR. 126.52 0-1588 ACKLER, TIM ~~' 3744 SUGAR CREEK DR. 107.86 0-1612 ALY, RON a~ - 3970 SUGAR CREEK DR. 48.16 0-1638 INK, THOMAS ~~ 1920 INCLINE WY. 61.02 0-1846 ARE, NIICKEY '~ 3721 SEA ISLAND CT. 106.00 0-1848 INGEL, DWAYNE ~~; 153 TURNBERRY CL 87.41 0-1874 ALKER, PAM ~; 024 INTERLACHEN WY, 90.47 a~sso UKESH, RONALD i} 1971 INTERLACHEN WY. g7,87 0-1942 MPER, JASON t~ ~ 1821 INTERLACHEN WAY 42.01 0-1986 SWENSON, TONY i~ 3759 QUAKER RIDGE DR. 61.89 1-28 MP, DAVID =~. ~ 1860 KRISTEN WAY 59.39 1-62 CKAY, CINDY ~~. , 2246 LEANN WAY 63.48 1-80 OWE, DARIN i~,, 402 LEANN WY.N 61.83 1-104 ARRIJDA, BRANDON ~~ 2634 WATERSTONE WAY N 55.82 1-112 CASTANEDA, RAYMOND 643 LEANN WAY N 58.28 1-506 K, TRACIE i~` 846 QUARRYSTONE WY. N 90.01 1-996 GOURLEY, KRISTEN i~ 723 PEBBIESTONE CT. W 76.70 1-1014 UNK, DAVID ~~ 879 QUARRYSTONE WY. N 73.18 1-1068 Y, 70HN (~ ~ 748 WHITESTONE CT. W 65.66 1-1132 LTON, GARY ~~ 2463 MAXIE WY. N 54.45 1-1176 ARMSTRONG, MICHAEl~ 510 CHATEAY DR. W '107.79 1-1766 COFFMAN, RICK i~ ~ 1960 MARTANNA PL. 86.20 1-1784 ANDERSEN, SHARRON i~. 2551 JEFFREY CT. 114.05 1-4820 AVIS, MARK ;~' ` 001 TODD WAY 55.29 1-1866 IELD, KEVIN E~ 630 REBECCA WAY 88.12 1-1918 CULVER, JAMES j~, 482 REBECCA WAY 54.45 1-t920 ODERICK, SHANNON P~ 512 REBECCA WAY 184.69 1-1968 LDIN, TAMRA !~ 511 REBECCA WAY 7fi.22 1-2006 OSE, MARK ~~;. ` 1732 MRELLO AVE. N 400.13 1-2048 COLBLTRN, RICHARD ;~, 31 t9 GENSTONE DR. W 71.14 1-2056 SALVATORE, JEFF ~~ 1735 VICTOR AVE. N 55.82 1-2070 NMAN, MICHAEL ~~ 993 ANN ST W 59.65 1-2t68 SHERADEN, TODD ;~ 951 HIGAN ST. W 82.21 1-2198 . OVAN, JENNIFER ~~ 3035 KANDICE ST. W 61.85 1-2230 AGE, LINDA ~~ 892 KANDICE CT.W 54.45 1-2754 LTON, GARY ~~ 415 VICTOR WY, N' 63.27 1-2768 THURBER, RICHARD t~ ' 2566 VICTOR WY. N 47.43 1-2994 UIVLAP, JAMES ;~. 3075 MIRAGE CT. W 74.27 1-3018 ARSON, GORDON ~~ ~~ 887 HEARTH AVE. N 72.23 1-3U26 VAN GERPIN, DERIC i~ 3t23 RAVENHURST ST. W 50.18 1-3032 RUM, DONALD i~ ~ 3049 RAVENHURST ST. W 73.68 1-3036 ARR, GERALDINE ?~ 2991 RAVENHURST ST. W 78.54 1-3098 ORAN, RICHARD ~; 982 JOUST ST, W 74.27 1-3134' OVE, 7AMES ;j ` 2 910 STONE AVE. N 75,7g f ~ , ` 2/4/98 9:40 AM ~ OF MERIDIAN - DELINQUENCY LIS~ ~ r~ ACGT NAME ;,': ADDRESS NOTES PAST DUE 2-320 TESMAN, DOLPH ;~ ~ 1810 CHATEAU DR. W 100.41 2-322 LLS, CLIFFORD ;~ ` 1830 CHATEAU DR. W 120.65 2-914 UCKER, 7EAN s~ ~ 261 MONACO WAY 129.41 2-944 EASUI~E, CHARI.ES ;~: 220 SANDALWOOD DR. W 37.91 22-994 ATEIVIAN, WAYNE ~~; 2245 MARBURG PL.N 53.42 2-1056 E,, DEWAINE t~; 2023 GLENNFIELD PL. N 145.84 2-1066 INEBERRY, PAUL i~„ 2049 SPARKLLING PL. N 88.36 2-1226 GREENFIELD, CINDY f}~ 1993 COOL CREEK AVE. N 87.20 22-1290 GH, MICHAEL ~~~ ' 070 LASHER COURT 96.16 2-1346 ' EL ROSARIO, REYNALDO ` 1902 MCGLINCHEY ST. W 66.69 2-1462 OLEN; KELLY ~~ 1650 HENDRICKS ST. W 54.59 -1516 UROTN, DEBRA p'~ ' 1908 SANDALWOOD DR. 77.15 2-1520 GOLD, JOHN G~ 1952 SANDALWOOD DR. 59.51 2-1524 ' OCH, CARL ~~ ~ 1994 SANDALWOOD DR. 87.66 2-1564 ITTI, JOHN i~; 1950 TANA COURT 263.84 2-1596 C'rIAUQUE, PAUL {.~ 1767 BEARDON CT. 79.75 1-8 R. TINGEY & BRADY ;~ 1104 CHERRY LN.W 122.85 31-512 OKMAN, HELEN ;~ ' 1510 STOREY AVE. 99.04 31-514 JENSEN, LORETTA ;~ ~ 1522 STOREY AVE. 74.43 31-516 7ARRETT, SHARON ~~ 1542 STOREY AVE. 384.95 31-548 SPARKS, ROBERT !~= 1509 KINGSWOOD AVE. 58.42 31-734 ARKS, RONALD ~~ ~~ 07 FAIRWOOD DR. 70.58 31-790 CLARK, DONN ?~, 1304 FAIRWOOD DR. 66.28 31-796 ~OLLINS, LINDA a~ 2239 FAIRWOOD DR. 87.41 31-840 ED, CAROLYN ~~ ~ 1342 TANA DR. 59.65 31-1006 SWEAT, STEVEN p~ 1493 DARRAH DR. 54.45 3~-1264 ORGAN, BRENT "t,~ 1232 DARRAH DR. 53.22 1-2192 CMLLAN, VICKI `~' 2777 12TH ST. 54.59 1-2250 GARCIA, ANOTOIVIO i:~ 1382 DARRAH DR. 86.84 31-2254 TURNER, RAYMOND +~ 1402 DARRAH DR. 70.50 31-2258 SMITCHGER, KI1~~IBERLY= 1464 DARRAH DR. 76.88 1-2280 GRAFFIS, TODD ~~ 1384 CLAIRE ST. 69.63 31-2306 RIGHT, LEANN ;~ 2791 1,5TH ST. NW 7U.95 1-3018 SCHUSTER, FORREST ~~ ~ 218 14TH ST. NW 87.94 31-3028 AGER, JOEL ,f~ 1339 CHATEAU AVE. W 69.77 3'1-3034 DWARDS, MARILYN 4~ t311 CHATEAU AVE. W 48.16 3t-3060 ASTIAN, DAVID !~: 960 CHATEAU DR. W 73.77 1-3072 SIZER, KEN +~ 1080 CHATEAU DR. W 60.88 31-3242 CGOWAN, DAVID (~ 2214 11TH ST. NW 80.03 31-3294 RLE, ROD ~~ 4061 NEWPORT CT. W 102.21 31-3400 OWELL, DANIEL f~ 222 11 TH AVE. NW 71.14 31-3458 OPKINS; I)ARRYL qi 048 9TH PL. NW 151.45 31-3474 CDONALD, SHAWN ;~ 082 10TH PLACE NW 64.71 31-3514 OSTLLTND, GEORGE ~~; 178611TH AVE. NW 80.03 ~~ ~ 2/4/98 9:40 AM OF MERIDIAN - DELINQUENCY LIS~ ACCT NAME `~ ~ ADDRESS NOTES PAST DUE 31-3560 ICKES, DONALD ~~ 1018 STOREY AVE. 170.32 32-320 CHCTRCH OF GOD ;~ 1827 3RD ST. W 280.80 32-436 ROWI~TING, MARK j~, t916 8TH ST. NW 115.63 32-444 ARNER, MICHAEL ~~ 2044 8TH ST. NW 91.10 32-458 ORNE, THOMAS ~~. 130 8TH ST. NW 57.19 32-566 CKS, BARBARA ~~ 1919 CRESTMONT DR. 207.29 2-612 UGO IV, JtJLIAN ;~ 1832 1834 CRESTMONT DR. 124.35 32-Gt6 JOHNSON, CONN~ ~~ 1910 CRESTMONT DR. 103.60 32-630 GARDNER, VINCENT i~;; 070 CRESTMONT DR. 115.92 32-638 ALMER, PAT ~~ ~ 595 LONGFORD DR. 121.74 32-672 CVEY, DOUGLAS ~~ ~ 331 CRAMMER 63.48 32-804 ORGAN, CHARLES ~~' 465 CREEKVIEW DR. 128.58 2-830 CARMONNE, 70HN {~ $2 WILLOWBROOK DR. W 57.05 32-842 ITTLE, 70HN i~ ~ 689 WILLOWBROOK DR.W 53.08 32-940 CANNELL, FRANK ;~; . 2395 KELSEY PL. N 6826 32-1168 GULBIS, ANTHOIVY R~ ' 285 SPICEWOOD DR. W 50.62 32-1180 EIN, REINER ;; 137 SPICEWOOD DR.W 69.35 32-1288 ERRY, ROBERT ;~ ~• 82 WOODBURY DR. W 55.68 32•1298 ORNECE, NIICHELLE ~' 419 WOODBURY DR. W 86.34 32-1368 GRATTON, THOMAS ~~ ` 382 WATERBURY.DR. W 69.91 2-1560 OOD, ADRON j~ 572 8TH AVE. NW 38.56 32-1612 HLUM, GENA ;~: ~ 611 RIDGEBURY WY.N 49.39 32-1574 70NES, JAY ~~; 167 WATERBURY DR. W 37.91 32-1768 YDIE, CHARLES ;~ 11 CLAIRE ST. W 107.06 33-56 TEL-CAR, INC. {~ 20 FAIRVIEW AVE. E 146.30 33-1828 ELL, RON i~;, 117 WOODBURY DR. E 65.66 33-1.838 OLENSKY, RODNEY {~ 235 WOODBURY DR.E 69.55 33-2338 TON, TRACEY j~ 677 WOODBURY DR.E 160.33 33-2378 CCAULEY, GORDOIV ~~ 2740 ARROW WOOD WAY N 87.51 33-2388 GLUCH, SCOTT ~~ ~ 680 COUGAR DR. E 48.16 33-3654 ATTS, WESLEY ;~. 469 BALDWIN ST. E 50.62 33-3660 NSTIN BARKER HOMES ~ 529 BALDWIN ST. E 50.62 33-3662 SON, RANDY ,~i ~ 556 WAKELY ST. E 65.94 33-3762 ROWN, DOMOIVIC '~ 400 HAWK ST. E 91.52 33-4346 OLLOWAY, RON ~~, 531 LARCHMONT AVE. N 64.59 3-4348 GSTON, CHARLES !~. 2536 TUSCAN AVE. N 63.06 33-4578 HART, DOL7G ;~; ~ 553 RICHTER AVE. N 45.87 33-7616 CHAELSON, BRADLE,Y ~ 128 EASTBROOK CT. E 57.69 34-342 ARCO, RONALD i~ ~ 1686 JERICHO RD. 110.39 34388 OWORTH, CHARLES i~ 094 JERtCHO WY. 64.29 34-428 ALI, MOF~~MIVIAD ?~. ~ 1155 CHATEAU DR. E 77,96 34-452 UM, ALLAN E~ ~ 107 ZIRCON PL. N 67.76 34-536 COA1`ES, JOSEPH ~~ 2115 AMETHYST PL. N 73.60 34-660 SINCLAIR, MELVIl~i ~~ 2230 SAPHIRE PL. N 65.80 i i ~ 2/4/98 9:40 AM i, GITY OF MERIDIAN - DELINQUENCY LIS~ ~~ _ x.~. ~~ ACCT NAME i~ ADDRESS NOTES PAST DUE 34-722 RIVER, CHRISTOPHER~- 2228 ZIRCON AVE. N 48.18 34-812 UTZ, KARL ;~ t 2298 1OTH AVE. NE 68.12 34-820 TECO INVESTMENTS :~, 973 BLUE HERON ST. E 105.59 34-832 LETCHER, NIICHAEL !~ 968 BLUE HERON ST. E 51.99 34834 S, DERREK ;~ 948 BLUE HERON ST. E 98.90 34-1074 EWIS, LANNY ~~ ~ 615 SHOVELER WAY N 54.08 34-1176 Y, LARRY ;~,. 572 BLACK BEAR WY. N 79.19 34-1178 E, STEPHAN~ ~~, 590 BLACK BEAR WY.N 58.16 34-1560 HII.P, HAROLD ~~ 952 HAWK ST. E 85.76 341758 INE, KEITH ~~ 257 LARK AVE. N 97.25 34-1770 AVIS, WADE ,ti 933 CHATEAU DR. E 63.48 4-1838 LLY, MICHAEL ;~ 071 1OTH AVE. NE 86.04 34-1844 LTFFAT, STEPHEN j~ ` 092 10TH ST. NE 320.20 341874 SEELY, RANDALL ~~ 802 WILLOWBROOK DR. E 62.11 34-1880 JOHNSTON, SHANNON ~~ 062 LARK PL. N 91.07 34-1952 OOVER, T1NA !~ 885 WILLOWBROOK DR. E 127.22 34-1982 ODRIGIJEZ, RODGER ~~ ' 958 CLARENE ST. 59.31 34-2044 LER,WII.,LIAM '~ 1855 TEARE AVE. 85.09 34-2104 TYLER, HEIDI ~~ 1034 TAMMY ST. 80.03 34-2128 GRIGG, DANA S~ 1015 CLARENE ST. 54.41 342128 GHT, JON ;~, 1025 CALRENE ST. 111.76 34-2144 SCHRAIVI~, THOMAS j~ 1841 JERICHO RD. 115.73 4-2704 THIESEN, KERWIN E~ ' 1474 COUGAR CREEK DR. E 96.44 34-2852 GREEN PROPERTY Iv1ANAGEMENT 1342 STORMY DR. E 74.15 34-3316 STADLER, STEPHEN ~~; ~ 3112 SHEEPHORN AVE. N 60.46 2-346 JONES, AARON ~~ ~ 392 APRICOT DR. E 61.94 2-452 ORGENSEN, THOMAS j~: 409 GRAPEWOOD DR. E 264.27 2-468 L, KYLE w~ ' 2561 GRAPEWOOD DR. E 63.36 2-1854 ONTGOMERY, ROBERT' 062 WHITTIER PL. N 82.13 2-1942 NDRY, 70AN ~~ 1925 MEADOW WOOD ST. E 64.57 2-2252 ' CKINLEY, BRAD F~, 20 CHATEAU DR. E 107.79 2-2254 O'VERY, DUANE ;~~ 2198 CHATEAU DR. E 38.45 2-2404 OSE, PHOBE ~~ ~ 277 LOCHNESS WY. N 102.75 2-2496 SIEMON, LESLIE j~ ~ 1961 GLENLOCH ST. E 102.75 2-2608 TONEY, RICHARD s~ ~ 562 LAUGHRIDGE AVE. N 64.08 2-27t2 APP, 7ERRY !~,. 2581 LAUGHRIDGE AVE. N 66.85 2-2734 WARD, P.R. ~~. 1818 GLENLOCH ST. E 68.96 2•305Q SCHOLZ, LESLIE ~~. 1874 CHALLIS DR. E 57.05 2-3052 ON, MONTIE ']~ 1852 CHALLIS DR. E 55.85 2-3060 JOHNSON, MATHEW ;~;, ' 734 CWIANTI WAY N 49.39 2-3088 ARRON, JEFFERY ;~ ~ 2726 CHANCERY WAY N 97.4Q 6-106 ARNES, DANID E~; 901 FILLMORE WAY N 53.22 6-108 AWRENCE, WENDELL ;~, ~ 889 FILLMORE WAY N 93.84 6-192 ITNCAN, KELLIE ';~ 3521 PRESIDENTIAL DR. E 55.68 2/4/98 9:40 AM OF MERIDIAN - DELINQUENCY LIS~ ACCT NAME ;~ ADDRESS NOTES PAST DUE 6-222 OORE, KEVIN ~~ 3720 PRESIDENTIAL DR. E 57.22 6-232 ~ CHAN, KIN ~~ 3612 PRESIDENTIAL DR. E 50.62 8-468 ORCHARDT, KEVIN ~~ 1071 FILLMORE WAY N 57.05 50-12 SMIT'I~ PALTL ~~ 9 STATE AVE. E 80.63 50-28 YANKE, RONALD ~~.~ ~ 930 1 ST ST. E 164.91 50-262 , SCOTT ~~ 12 STATE AVE. E 61.81 0-290 CDONALD, LOIS ~~ ~ 47 CARLTON AVE. E 35.76 50-1198 GARDOSKI, WILLIAM !~, ~ 1620 2 1/2 ST. E 53.36 0-1380 YMOND, CHACE ~~ 1302 1 ST ST. E 142.64 50-1448 ' ART, GREGORY F~ ~ 37 FAIRVIEW AVE. E 717.34 50-1910 ROWN, GROVER ~~ 1578 PENRITH PL. N 71.00 50-2012 GHES, JOHN ;:~ 928 WENTWORTH DR. E _ _ 48.40 50-2082 , GORDON, MIICE ,~ 1437 SANDLIN AVE. N 50.76 50-2t06 OBINSON, RICHARD ~~ ~ 1278 STONEHENGE WY. N 69.51 50-2126 C11~IAHAN, BRIt3N '~ 4028 GRANDBURG CT. E 67.31 50-2132 CH, PAUL ~~ ~ 1069 GRANDBURG CT. E 49.68 50-2152 OLMEDA, ANGEL ~~ 1146 SHREVEPORT AVE. N 54.55 50-2198 SON, DOUG i~: 864 ASHFORD ST. E 58.42 50-2242 GREEN, JUDITH ~~i 1089 CRESSTLEY AVE. N 83.58 50-2248 TRICKETT, KEVIN ?~, 1023 CRESTLEY AVE. M 60.88 50-2290 RYANT, 7EREMIAH ;j 1029 ASHFORD ST. E 60.60 0-2302 LICKER, TODD i~ . 1159 SHELLBROOK DR. E 69.51 50-2354 JONES, OWEN {~. 1294 SANDLIN AVE. N 57.05 50-3754 RENCH, LAWRENCE !~; 1589 CUVHMAN CT. E 68.12 0-3802 TABITHA 70LLEY i~ t252 SCRIVNER AVE. N 83J5 50-3822 SHEARER, THOMAS ~~ ~ 1451 SOTHESBY ST. E 53.36 50-3836 ' JULIAN, GEORGE '~ 1510 SOTHESBY ST. E 120.58 50-4274 LEY JR., DOUGLAS,i~' ~ 1029 STONEHENGE WY. N 54.31 50-4478 COLEMAN, NIICHAEL ';~ 532 PINE AVE. E 87.85 51-298 VERi-~EART, DANIEL ,~ 428 BROADWAY A~/E. E 78.99 51-306 I1KE, DANIEL y~ 412 BROADWAY AVE. E _ _ 88.24 51-334 ROWN, MATTHEW i~ ~ 304 BROADWAY AVE. E 100.00 51-434 RITAGE BULDING F~,. 731 1 ST ST. E 961.62 51-450 'S ELECTROIVICSj~ 131 IDAHO AVE. E 182.78 51-462 IRE, GARY ,~, ~ 23 IDAHO AVE. E 8Q.45 51-694 ' STINE, PEGGY }~ 823 5TH ST. E 50.21 51-766 IJRDY, PATRICK ;~ 132 IDAHO AVE. E 48.16 51-786 SON SHIlVE, INC. f~ ' 114 IDAHO AVE. E 228.64 51-866 OHRBACH, CHERYL i~ 31- PINE AVE. E 65.94 51-938 STRATE, EUGENE ;,~ ~ 707 PINE AVE. E 34.74 51-3104 OREDA., ANTHONY ~i 83 KING ST. E 48.16 51-3320 IlVIlV~R, TIMOTHY `.~ ' 34 2ND ST. E 63.48 1-3330 SO1V, KENT x~ 205 KING ST. E 58.73 51-4230 ATEN, BOB ~~ 349 BOWER ST. E 49.39 2/4/98 9:40 AM .~ ! CITY OF MERIDIAN - DELINQUENCY LIST ~. 4~ ~ ACCT. NAME ~~. ADDRESS NOTES PAST DUE 2-1642 ONOR PARK LLC ~~ 600 SATERTOWER LN. E 74.56 65-472 QUARDT; MICHAEL 2426 BAYOU BAR WAY S 58.46 8-20 VADENEYRA, DAREN 2419 RUBY RAPIDS PL. S 72.37 68-46 ACOBSEN, JASON t~ ' 1260 TIME ZONE DR. E 68.00 8-70 S, TONY ;~ 2599 WEBER RAPIDS PL. S 55.43 69-50 CGREW, DOUGLAS j~ 963 PUFFIN ST. E 97.53 9-152 LSON, CRAIG ~~p ~~ 1380 GRIFFON ST. E 113.72 9-528 IELDS, MARVIN ~ j ~ 1044 PEACOCK ST. E 78.52 9-566 CHLTRCH, D.R. j~ 01035 SHEPHERD ST. E 59.65 9-706 GLASGOW, STEVE ;~, • 1339 MASTIFF ST. E 66.89 9-778 OOD, BRADLEY ;~; ~ 1669 BLACKSMITH PL. S 53.22 9-1304 DE, KENNETH t~ 2508 ABACO WAY S 101.22 9-1556 CE, JEFFREY {~ ~ 593 LINKERSHIM DDR. E 103.21 9-1574 ' SON;. ROSS j~ 618 LINKERSHIM DR. E 368:48 69-2268 W LIFE CHRISTIAN CENTER 246 ARUBA CT. E 78.66 9-2282 CLIFFORD MEFFORD E~; 1707 MARSH WOOD PL. S 88.50 69-2286 IK, JOSEPH ~~ 1743 MARSH WOOD PL. S 54.59 72-122 ~ GALLEGOS, BRANDON ;~ 002 GULL COVE PL. S 59.65 72-156 IL, DAVID ,!j 017 COVEY PL. S 97.95 72-234 OME ART CORP. ~~, 2189 COVEY AVE. S 12.96 ~a zsa uY, NIINH ~~, 278 GULL COVE PL. S 53.38 74-356 TRE70, DEANA i~, ' 92 HANOVER CT. 72.37 74-386 WLEY, AARON ~~ 676. FULMER CT. 68.54 74-406 ISHER, CASEY ~~ 703 BARRETT ST. 53.36 74-676 JARRELL, KENNETH ~~ '" 692 BARRETT ST. W 86.47 74-1028 RISTOL, COLLEEN i~ 50 ROSE CL. 61.97 74-2320 UTZ, KELLY ~~ 1141 CRESTWOOD DR. 80.03 74-2424 O$RIEN, ANTHONY ;~ , 1056 KIMRA ST. W 128.17 74-2428 SPRONG, SANDRA ,~, 1104 KIMRA ST. W 70.86 4-2432 COFFEY, KENNETH i~` ° 1160 KIMRA ST. W 63.34 74-2520 TOLAND, DAVID E~~ 1395 KIMRA ST. W 58.28 74-2614 CKRIL,L, MICHAEL ~:~ 989 KIMRA ST. W 87.83 74-2676 AIRD, KAREN i~, ~ 92 OUTFIELD WY. S 65.11 742744 ABBOTT, KEVIlv ~~, ' 1284 CRESTWOOD DR. W 60.66 74-2828 STEAD, PHII.LIP !~, ~ 1355 CRESTWOOD DR. W 140.37 74-2838 UESTER, SPENCER ,~ 1535 GREENHEAD DR. W 54.59 74-2850 CHEESBROUGH, JAMES~~: 519 SPOONBILL AVE. S 132.28 74-2876 SSERY, TRACY ?~ 1345 MERGANSER DR. W 95.98 74-2910 ISHER, CHRIS j~ 1429 GREENHEAD DR. W 57.05 743000 HII..LIPS, RICHARD ~~. ~ 613 CANVASBACK WY. S 65.94 74-3U44 ARRISH, STEVE f~. 871 LOON ST. W 60.88 74-3072 YTLE, CHAI) J~ 992 LOON ST. W 51.99 74-3096 OPET, DAVID ;~ 1075 EGRET DR. W 84.42 74-311 Q ' TT, PHILIP ~~. 919 EGRET DR. W 53.08 ,. ~; ;, ~; ~ 2/4/98 9:40 AM ~~ ~~ i~ ~. ;i OF MERIDIAN - DELINQUENCY LIS~ ACCT NAME 6~ ~ ADDRESS NOTES PAST DUE 74-3208 CCULLOUGH, JIM !~ ~ 844 GREENHEAD ST. W 57.05 4-3246 YER, JQHN ;~ : 61 PELICAN WY. S 77.17 74-3296 . IENAPPFL, ROB ;~ 04 CANVASBACK WY. S 49.39 74-3300 OORE, DONALD ~~. 1244 GREENHEAD DR. W 58.42 74-3356 AYNE, STEPHEN !~ ~ 1311 GANDER DR. W 58.16 74-3360 COLE, DEBRA ~~ ' 1265 WALTMAN DR. W 54.45 74-3960 SHERARD, BII,L i~ ~ 1363 WALTMAN DR. W 81.26 34-2766 YOLJNG, TOM ~~ 1265 COUGAR CREEK DR.E NSF 90.00 f~ 362 SCHEDULED FOR TURN OFF OTAL 31,277.90 ,~ ~ ~~ ~~; E~ 2/4/98 9:40 AM ~ ~ ~ ~ ~ Z O C - c ~ ~ -, ~ ~ ~ ° ~. ~ . m ~ ~ - 3 ° ~ ~ ~ ~ z 3 ' v- , ~ f ~ ~ _ : f I~ ~P GJ ~ ~ C~ ~ U'1 .p ~ OD C~J ~ ~ Z N ~I ~1 W ~ N OD ~ ~I -~ U1 ~ `~ ~~ = v > O ~ r N ...a O~ .J ~ I~ J W ~ ~ ~- ~O J ~ N -+ J ~O .~ OD N Cf ~N ~N ~ r^ ! ~p ~ C~ O OD N W ~ 00 A <J+ tD O c0 OD ~ OD ~ O tG D io ~ C z W - (J~ O) O A A N ~I 00 O (n V- W ? V A ~ ~ ~ W ~ ~I N n O> --+ O (r N O u~ Oo OD A V cD r" O A ~1 OD OD C) Cn tD V N 00 ~ ~. ~~ n ~ t D ~ A W (r W ~ CI~ W ~ ~ ~ C rn ao • ~ u+ w oo ao 0o s~ u+ ~ vi ; ° n a r ;: o ~ ~ _ ~ f J ~ ~ 0o O l Oo D ~I ET O~ W N N ~1 A ~1 W ~ (7~ W N tJ+ A N ~ Q> D ~ t~p Of ~ O v o o C ~ w ~ .P v c~o ~ t~s+ y T ~I O ~I i~ N ~I . OD (~ ~I ~ W N t0 ~ N O W CT . C1~ ~I V i~ tD CJ'~ ~ ;~ G~ ~ 4J O tiJ (Ji W O N 00 A N W ~1 W O N ~J+ W ~ N N ~• ~l ~ ?1 Z ~ N ~i O OD ~ A ~I (O A ~ U1 W U1 '~ ti v ~ 0 W W N W 00 t0 W w ~I W IV N N ~ W ~I ' W A N ~I -~ ? A O N ~ N O O ~ r ~ ~ O N O tC Oo ~I W N -~ ~I w Ct+ A (7~ ~ ~ C p O N A Iv c 0 W N ~i C~ ~ V ~ ~ <O ~ C A (7+ t!~ i+. (r ~I N fV -- N w oo -0 : w rn ao w rn ~ ~ ~ rn ~ 1= ~ ` ~ ~ J ~ '~'. ~ ~ ~~ ~ ~1 ~~ ~ v ~ ~ '~ ~ W ~~~ C -~ O ~l OD Oo W A ~I A ~1 (~ 00 1 , p D r' ~ ~ ~ p r N o A - OD - ~ ~ ~ Cn V OD ~ ~I ~ O t0 ~I ... ~ r tO ~ = C O~D N C ~l~ O~! CD O~D ~. N ~ ~ O ~0 W ~ tD V -~ O ~I W N (J~ Cn O ~I --- ~ A CT m N O W 01 c0 c w ii ~ ~ O ~ CO cp IV OD O Iv c0 ~ ' C l O O 0~ ~ ~I V N O ~ w ~1 , x . ~ ~ ,~ m z + °' ~ ~ rn ~ y -~ c o a ; o ~ ~ y p r ~ f , W u+ ~ w ~, rn ~ cc o r ~ ~ ~ O v ~ N N N ~ ~ C N + 'M D O t D C l~ ~ n °~' y , o ~ rn rn ° N r= {~~` ~ ~ ~ ~ t i, O U ~I O i D I"' v ~ v, .~ ~ ~ ~ .~ ~ ~ o O r ~ x ~ ~ ~ ~ w ~ 0° - -I o i ~ c~ o o w p ' ~ ~ w O cc N ~ ~ ~ N y t1 T ~ ~ .~ 0 D m v m r Z p C rn z ~ ~ m -~ ~ ."(~1 lJ STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is year 1998 by and t OWNER) and ~ OWNER and forth, agree as Article 1. WO in consideration of the mutual covenants hereinafter set CONTRACTOR shall; complete all Work as specified or indicated in the contract Documents. The WORK is generally described as follows: Construction of~chain link fencin , ates minor earthwork s rin I 9 9 , , p k l e r a d d i t i o n a n d related work. ~~ T h e P r oje c t for w hic h t~e Worlc under the Contract Documents is described as follows: WELL__NO. 14 FENCE PROJECT. Article 2. ENGINEER! ~ The Project has been iiesigned by the Ciry of Meridian Public Works Department. l~ who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties anii responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Co~ntract Documents. ~ Article 3. CONTRACT~~ IME. ,~ ~, The Work will be com~pleted within THIRTY (30) days from the date when the Contract Time commences to run'. ' ~~ Article 4. CONTRACT~~ RIGE. ~ 1 ; OWNER shall pay CONTRACTOR for completion of the Work in current funds as follows: # in ~accordance with Exhibit `'A". Article 5. PAYMENT P~ROCEDURES. E ' CONTRACTOR shall submit an Application for Payment upon completion of the Work. Applications for Payment will. be processed by ENGINEER. ~ Payments. OWNER stiall make progress payments on account of the Contract Price on the basis of CONTRAGTOR's Apptication for Payment as recommended by ENGINEER, on or about the 25'h da~y of each month during construction for Applications submitted to ~° ~ !; ~~ ~{ ~3 . I~ ~~ . ~ ~~ 3; dated as of the day of _~,,~ P u~h, ~, in the etween City of Meridian, Ada County, Idaho (hereinafter called AERIDIAN FENCE COMPANY (hereinafter called CONTRACTOR). • c~ the Engineer prior to the 15' day of that month. All progress payments wili be on the basis of the progress of the`~work measured by the schedule of values established in paragraph 4.1 and in the case of Unit Price Work, based on the number of units completed. The OWNER may retain up to+5°~ of the amount of the payment until final completion and acceptance of all Woiic covered by this Agreement. Upon completion and acceptance of the Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. Artfcle 6. INTEREST.l~ i~ All moneys not paid when due shall bear interest at 12% per annum or the maximum rate allowed by law at the p~ ce of Project, whichever is less. ~; Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement CONTRACTOR makes the following representations: 7.1. CONTRAGTOR has familiarized itself with the nature and extent of the Work, site, locality, an~d all local conditions and Laws and Regulations that in any manner may affect costa~progress, performance or fumishing of the Woric. 7.2. CONTRAG~ OR has studied carefully all drawings of physical conditions. ~; 7.3. CONTRACTOR has reviewed and checked all information and data shown or indicated on the~Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Fa~`cilities are or will be required by CONTRACTOR in order to perform and fumish the jWork at the Contract Price, within the Contract Time. i~ 7.6. CONTRAGTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered and the written resolution thereof by ENGINEER is a~~ ptable to CONTRACTOR. Article 8. CONTRACT~~DOCUMENTS. The Contract Docume'~ts which comprise the entire agreement between OWNER and CONTRACTOR conceming the Work consist of the following: 8.1 This Agre"ement. ~~ 8.2 Exhibits to this Agreement. i; 8.9 Technical Specifications. 8.10 Drawings~ 8.15 ~ CONTRA~ TOR's Bid. ~; 8.16 8.18 ~~ i, au • • t~ Docum~~ntation submitted by CONTRACTOR prior to Notice of Award The documents listed in paragraph 8.2. above are attached Agreem~ent (except as expressly noted otherwise above). !~ There are no Contr, Contract Documents Order. Article 9. Article 10. 9.1. No assigr Documents wil the party sou5 may become ~ consent (exce~ law), and unle assignment no responsibility u 9.2. OWNER assigns and lec assigns and IE contained in thE IN WITNESS W triplicate. One ENGINEER. All OWNER and CC The Agreement will be Owner By: Name: to this Documents other than those listed above in this Article 8. The y only be amended, modified or supplemented by written Change ient by a party hereto of any rights under or interest in the Contract ~e binding on another party hereto without the written consent of to be bound; and specifically but without limitation moneys that e and moneys that are due may not be assigned without such to the extent that the effect of this restriction may be limited by ~ specifically stated to the contrary in any written consent to an ssignment will release or discharge the assignor from any duty or ler the Contract Documents. 3nd CONTRACTOR each binds itself, its partners, I representatives to the other party hereto, its partners, al representatives in respect of all covenants and ;ontract Documents. successors, successors, obligations OWNER and CONTRACTOR have signed this Agreement in r each has been delivered to OWNER, CONTRACTOR and ~f the Contract Documents have been signed or identified by R or by ENGINEER on their behalf. ,19 Contra Meridian Fence Com an e~ - Name: L! e y o( ~~n h~;C~, ~~.~) • ~~ EXHIBIT A T'~d~7i ~/i~~~i`~~~j~ ~~'l~2 ~/ • 70~ ~~ ~~~,~/.`~, ~c/ /~;' l `i%~~+~~~ Gr~-~ l ~ ~ 3 ~ ~/'z- , Request For Proposal ~ Project: We11`~No. 14 Chain Link Fence Owner: City'.of Meridian Date: Dec i~ ber 22, 19g7 '-'a - ~ gS~ ~;~'~~~ JAN 1 ~ 1998 EdERIDIAN CITY ENGINEFA Est. Item Descri tion Quantit Unit Unit Price Total Price 1 6' Ghain Link Fence 151 LF /S .~9~ 2 12' Chain L~nk Gate, Single 1 EA 3 3 4' Chain Li 1 k Gate, Singe 1 EA . ~~ 4 Extend Sprinkler Line and ~ ~ ~ Install 6 Adciitional Heads 1 LS .5~ ~ .S~~Do 5 Construct Berm , 20 CY 6 Install Sod I ,~ ~ soo sF ~ , 36 ~ ~~ - {~ TOTAL: 4!2 ~~, ~ ~ i# Plans: see attached sketch dated 12/16/1997. Specifications: j see attached Sheets TS-10 through TS-12. Time For Completiori: thirty (30) days after written acceptance of proposal. ~~ ~~ ~-/Z -/9~ 1 ~ ~ MERIDIAN CITY COUNCIL/RURAL FIRE C.OMMISSIONERS JANUARY 31. 1998 The Joint Special meeting of the Meridian City Council/Rural Fire Commissioners was called to order by Charlie Rountree at 9:00 A.M.: MEMBERS PRESENT: Charlie Rountree, Keith Bird, Glenn Bentley, Ron Anderson, Wayne Crookston, Will Berg: OTHERS PRESENT: Fire Chief Kenny Bowers, Mike Ingram, Steve Bravo, John Fitzgerald, II., Skip Voss: Corrie: At time I will open the City Council part of it, and give the floor to the Rural Commissioners. Ingram: This is Mike Ingram, Meridian Rural Fire District. Also present is Steve Bravo and attorney, John Fitzgerald, I'll call this meeting to order of the Rural Commissioners. It is 9:02 A.M., are we are at City Hall meeting at a joint meeting in a joint with the City Council and the Mayor. Corrie: Okay, all members of the Meridian City Council and the Mayor is here today, and the City Attorney, and the City Clerk. At this time I will entertain a motion to go into Executive Session according to Idaho Code 67 2345 to discuss personal matters, legal matters, negotiafions and property acquisitions. Rountree: So moved. Anderson: Second. Corrie: Motion to move and second that we go into Executive Session. All those in favor say aye. MOTfON CARRIED: All aye. (EXECUTIVE SESStON) Ingram; RuraP would entertain a motion to move into Executive Session for a joint session with the Meridian City Council at this time. Bravo: Second. Ingram: Motion has been made and seconded. All in favor. MOTION CARRIED: All aye. (EXECUTIVE SESSION) Meridian City Council/R~ Fire Commissioners • January 31, 1998 Page 2 Corrie: Okay, the time is 2:10 P.M. We've come out of Executive Session. No decision was made. The City Council - I will take a motion for adjournment. Bentley: We got to come out of Executive Session. Corrie: We did. Bird: No, we have got to make a motion - Corrie: We're out of it. We're :back in to Council. Motion made and second that we adjourn. All those in favor. MOTION CARRfED: All aye. Ingram: Mer-idian Rural Fire District, we are out of Executive Session at 2:10 P.M. No decisions have been reached. I will entertain a motion for adjournment. Bravo: Second. Ingram: All in favor. MOTION CARRIED: All aye. MEETING ADJOURNED AT 2:10 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVE: ~ ~ ' T~D. CORRIE, MAYOR ATTEST: ~ ~ ````~~`~~«~~nuir-~,,,,,''' ', .`~~`~d'~~ ~ ~,~~~i ~ . ~~~~ ~ e DD, _ ~ l~ ~o _ _ ~ ~ ~~Fo ~s WILLIAM G. BERG, J., Y CLERK $~j, : ' ~~ ~~~'yo~~T i~ , ~ C~{~.€Y • ,AP '''''~~~~~~~~r~~~e n~a~~~~~~~`````, , • Meridian City Council/R~]}'31 Fire Commissioners January 31, 1998 Page 3 APPROVE: MARTI HILL, PRESIDENT ATTEST: MIKE INGRAM, SECRETARY ~ ~ MERIDIAN CITY COUNCIL/RURAL FiRE COMMISSIONERS JANUARY 27 1998 The Joint Special meeting of the Meridian City Council/Rural Fire Commissioners was called to order by Charlie Rountree at 6:20 P.M.: MEMBERS PRESENT: Charlie Rountree, Keith Bird, Glenn Bentley, Ron Anderson, Wayne Crookston, Will Berg, Fire Chief Kenny Bowers, Mike Ingram, Steve Bravo, John Fitzgerald, II.: Corcie: We'll open the special joint meeting between the City Council and the City of Meridian Rural District and discuss and possibly approve the proposed contract with the Firefighters Local 2311 IAFF. Council, we've got sorne agreements here in front of us - Bentley: The Rural needs to open their meeting too. Corrie: Okay. Bravo: This is a joint meeting of the Meridian Rural Fire District and Meridian City Council commencing at 6:23 P.M. I now call this meeting to order. Corrie: Okay, that being done, we are now open for discussion on the agreement between the department and Local 2311 IAFF, City Council and the Commissioners of the Rural Fire. Bentfey: Mr. Mayor, on behalf of the City of Meridian, I would to accept the agreement with Local 2311 IAFF with the noted proposed changes on the document. Rountree: I second that. Corrie: Motion has been made and second that we - the agreement befinreen the City of Meridian and the Meridian Rural Fire District Local 2311 IAFF be accepted with the noted proposed changes. Bentley: Okay, we're well awar,e that the union has not seen the changes that we ace proposing with the agreement. We will present them with copies of this, the proposed changes for their review and concurrence, and if there's a need, which there might be, we can get back together with the joint bargaining eommittees and sit down and discuss the changes. Anderson: After our meeting last week, we met Thursday and Friday night working on this, and we were to have a copy in our basket earlier this week. I picked up mine last night. There are several error still in this copy of things that we have discussed that have not been corrected, and we were just handed a additional new copy, just prior to this meeting. I have not had a chance to read through that, but on the surface I've Meridian City Council/R~I Fire Commissioners • January 27, 1998 Page 2 already found finro or three errors of things that we have discussed. I would think that it would in our best interest to have fhis agreement in iYs final form how we would like to have it read before iYs presented to the firefighters. Corrie: Okay, any further discussion. Rountree: For discussion's sake, can we get that done this evening? Is that something we're going to have to defer, provide those comments so they can be included in the discussion language here for both the Rural and City? Anybody have any thoughts on that? I would certainly like to remedy it this evening if we can. Anderson: I think we ought to make time to note the corrections before we turn it over to them. Bentfey: Would that (inaudible) Executive Session for a little while and get that taken care of? Corrie: We probably need to go into Executive Session. Rountree: At that point of order then we'll have to pull the motion. Bentley: We'll have to pull the motion, right. Rountree: Well, I withdraw my, second. Bentley: I withdraw the motion. ~ Rountree: -- for further discussion. Corrie: Motion to withdraw the first motion and second. I'll entertain a motion at this time to go into Executive Session according to the rules of the State of Idaho. Bentley: So moved. Anderson: Second. Corrie: Motion made and second that we go into Executive Session. All those in favor say aye? MOTION CARRIED: All ayes. Bravo: I make a motion that the Rural Commission goes into Executive Session. Ingram: I'll second that motion. Meridian City Council/RuTal Fire Commissioners • January 27, 1998 Page 3 MOTION CARRIED: All ayes~.. Corrie: Okay, then we'll go into Executive Session with the Rural Commissioners as well. (EXECUTIVE SESSION) Corrie: I'll reconyene the meeting coming from the Executive Session. The time is 8:10 P.M. There was no decision made at the Executive meeting, however we had sufficient discussion to warrant another meeting to be on Saturday morning at 9:00 A.M. January the 30~'. I'll entertain a mofion from Council to that effect. Anderson: I make a motion that we have a meeting on Saturday morning at 9:00 A.M. to continue discussion with the Rural District. Rountree: Second. Corrie: Motion made and second. Discussion? Bentley: The meeting 30"', I believe is a Friday. Corrie: I'm sorry. It is the 31st: Bentley: Thank you. ~ Corrie: Your motion w~s Saturday morning, the 31 ~. Any further discussion? Hearing no discussion, all those in favor of the motion, say aye. MOTION CARRIED: All aye. Corrie: The Rural Fire Department's got the floor. Ingram: It's 20:10 hours. The Rural District is out of Executive Session, no decisions were made. A significant discussion did take place, and warrants another meeting with the City Council. The Rural will reconvene in a meeting Saturday at 9:00 A.M. at City Hall which will be January 31 St. I would so move to have a meeting on the 31 ~ at 9:00 A.M. with the Council. ~ Bravo: I'll second it. Motion's been made and second that we have a joint meeting with the City Council of Meridian on Saturday at 9:00 here at Cify Hall. That would be January 31 ~. All in favor'? MOTION CARRIED: All aye. B~avo: I will entertain a motiorn to adjourn the Rural District at this time. Meridian City Council/R~TaI Fire Commissioners ~ January 27, 1998 Page 4 Ingram: I second the motion. MOTION CARRIED: All aye. Corrie: I'll entertain a motion for the City Council at this time for adjournment. Bir.d: So moved. Anderson: Second. Corrie: Motion made and second. All those in favor say aye? MOTION CARRIED: All aye. MEETIIVG ADJOURNED AT 8:11 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) D: 9 ~r ~s~ , . .~,, ,~4 ~P ~: ''',~~~~~~Ii1 J i I It N1~~~~`,````` APPROVED: MARTI HILL, PRESIDENT ATTEST: MIKE INGRAM, SECRETARY ~ ~ MERIDIAN CITY COUNCIURURAL FIRE COMMISSIONERS JANUARY 23 1998 The Joint Special meeting of the Meridian City Council/Rural Fire Commissioners was called to order by Charlie Rountree at 6:35 P.M.: MEMBERS PRESENT: Charlie Rountree, Keith Bird, Glenn Bent~ey, Ron Anderson, Wayne Crookston, John Prior, Will Berg, Fire Chief Kenny Bowers, Mike Ingram, Steve Bravo, John Fitzgerald, II.: Rountree: I'll open the special joint meeting with Meridian City Council and Meridian Rural Fire District. First order on the special meeting for the City is action by the City Council President appointing - is it appointment? No, iYs not an appointment - identifying and assigning department's two commissioners. I am going to do this alphabetically so it's easier for me. There's a criteria; it's the alphabet. Councilman Anderson, I will be assigning you the fire department. Councilman Bentley will retain the police department. Councilman Bird will be public works. And I will retain recreation and I believe once our new ordinance is ratified, I also will have some responsibility with the legal, or least a liaison activity. Having said that, anybody squeamish with that? I see you all accept those responsibilities and charges. Have fun. My management style in my, I guess oversight of the council and capacity as president is really simple. It's the same management philosophy that I have with all the folks that I work with on a daily basis is that I expect no surprises. If you've got a difficulty in your department, I want that share at a minimum with me and to the degree necessary in terms of depth, all councilmen will know the activities and whaYs happening in his department. So we don't find out about it in the Statesman or the Valley News or by some anonymous letter in one of our mail boxes. Having said that I wish you all well in your year, and I wish us all well and success in the upcoming year, and I think that we can do better things, and hopefully we can accomplish our goals, our individual goals and the city goals with some degree of efficiency and ~expediency and to the pleasure of the citizens that we serve. Bentley: God, you sound tike a politician. Rountree: Amen. You may now eat. Bentley: Thank you Lord. Rountree: We have a session - a joint session - with the Rural Fire District scheduled. I'd entertain a motion for City Council to go into Executive Session to discuss personnel issues. Bird: So moved. Bentley: Second. Rountree: Moved and second. All those in favor? Opposed? ~ ~ ~J ^ ~-~~ i MERIDIAN CITY COUNCIURURAL FIRE COMMISSIONERS JANUARY 22, ~1998 The Joint Special meeting of the Meridian City Council/Rural Fire Commissioners was called to order by Charlie Rountree at 6:30 P.M.: MEMBERS PRESENT: Charlie Rountree, Keitti Bird, Glenn Bentley, Ron Anderson, Wayne Crookston, John Prior, Will Berg, Fire Chief Kenny Bowers, Mike Ingram, Steve Bravo, John Fitzgerald, II., Sam McEvoy, Martin Knoelk: Rountree: It's 6:30 P.M. I'll thi's joint meeting together with the Meridian Rural Fire District and the Meridian City Council. We are here to discuss personnel issues and I'll accept a motion on behalf of the City Council to go into Executive Session. Bentley: Move to go into Executive Session. Bird: Second. MOTION CARRIED: All aye. ~ Rountree: I don't know what pr,otocol the rural folks have to go through to do that. Bravo: I make a motion for the Rural Fire Commission to go into Executive Session. Ingram: I second it. Bravo: All in favor? MOTION CARRIED: Alt aye. Rountree: For the minutes, there are finro representatives for the Rural, here. Would you state your names? Bravo; Steve Bravo. Ingram: Mike Ingram. Rountree: City Council members are all present. City legal counsel, legal counsel from the Rural and the Fire Chief. Berg: ~hat's it. Rountree: Thank you, Mr. Berg. (EXECUTIVE SESSION) WILUAM G. BERQ. JR.. City Clerk JANICE L SMITH, City Treaeurer (iARY D. SMITH, P.E.. CIty Engineer BAUCE D. STUART, Water Works Supt JOHN T. SHAWCROFT, Waste Water Supt DENNIS J. SUMMEAS. Parks Supt SHARI L STiLES. P 8 Z Administrator KENNETH W. 60WERS. Flre Chief W.L '816L' GORDON, Police Chlef WAYNE G. CROOKSTON, JR., Attomey HUB OF TRFASi1:2E YALLEY A Good Place to Live ~TY OF MERID ~ 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 . Public Wotics/Building Depamnent (208) 887-2211 .. c,~se- nm~c czos~ ssa-au2 ., ROBERT D. CORRIE Mayor WALT W. MORROW. President RONAID R. TOLSMA CHARLES M.ROUNTAEE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairtnan MALCOLM MACCOY K~TMr eoaua MARK NELSON BYRON SMITH OF SPECIAL JOINT MEETING NOTfCE IS and the Commi Joint Meeting at Thursday, January accordance with The public DATED this GIVEN that the City Councii of the City of Meridian of ~the Meridian Rural Fire District wili hold a Special City Hail, 33 East Idaho, Meridian, Idaho, on 1998 at 6:30 P.M. They will hotd an Executive Session in Code 6~-2345. Icome to atte~d. day of January, 1998. ~~~~ . WILLIAM G. BERG, JR. - CITY CLERK