HomeMy WebLinkAbout2004 07-20CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, July 20, 2004 at 7:00 p.m.
City Council Chambers
Roll -call Attendance:
X Shaun Wardle X Bill Nary
O Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
Pledge of Allegiance:
3. Community Invocation by Pastor Burton Roberts, with Meridian
Gospel Tabernacle: Presented
4. Adoption of the Agenda: Approve as Amended
5. Employee Service Awards: Presented
6. Consent Agenda:
A. Findings of Fact and Conclusions of Law for Approval: AZ 03-
038 Request for Annexation and Zoning of 21.38 acres from C-2 to
C -G zones for proposed Mussell Corner Subdivision by Pinnacle
Engineers, Inc. — northeast corner of East Victory Road and South
Meridian Kuna Highway: Approve
B. Findings of Fact and Conclusions of Law for Approval: PFP
03-007 Request for Preliminary Final Plat approval of 4
commercial building lots on 21.38 acres in a proposed C -G zone for
proposed Mussell Corner Subdivision by Pinnacle Engineers,
Inc. — northeast corner of East Victory Road and South Meridian
Kuna Highway: Approve
C. Findings of Fact and Conclusions of Law for Approval: CUP
03-071 Request for a Conditional Use Permit for a Planned
Development to allow the construction of a combination feed store
and gas station / convenience store on one of the proposed lots
and to allow the existing commercial and residential uses to remain
and the property for proposed Mussell Corner Subdivision by
Meridian City Council Agenda—July 20, 2004 Pagel of
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Pinnacle Engineers, Inc. - northeast corner of East Victory Road
and South Meridian Kuna Highway: Approve
D. Findings of Fact and Conclusions of Law for Approval: VAR
04-004 Request to allow a reduction from the required 5 -foot
interior side lot line setback to 4 -foot on the west side of Lot 6,
Block 11 for Baldwin Park Subdivision No. 5 by Capital
Development /Capital Homes — 1127 W. Great Basin Drive:
Approve
E. Order Accepting Withdrawl of Application: RZ 04-005 Request
for Rezone of 9.47 acres from R-4 to R-8 zone for proposed
Larkspur Subdivision by Larkspur LLC/Ron Sargent — 2190 and
2240 South Meridian Road: Approve
F. Order Accepting Withdrawl of Application: PP 04-011 Request
for Preliminary Plat approval of 42 single-family residential building
lots and four common lots on 9.47 acres in a proposed R-8 zone for
Larkspur Subdivision by Larkspur LLC/Ron Sargent — 2190 and
2240 South Meridian Road: Approve
G. Order Accepting Withdrawl of Application: CUP 04-011
Request for a Conditional Use Permit for a Planned Development
for proposed Larkspur Subdivision with request for reduction to
the minimum requirements for lot size, street frontage and front and
street side yard setbacks by Larkspur LLC/Ron Sargent — 2190 and
2240 South Meridian Road: Approve
H. Streetlight Agreement for Champion Park No. 2 by Hillview
Development: Approve
I. Water and Sewer Easement for Lvnnwood Plaza by Crestline
Development: Approve
J. Overland Road Rebuild Water Line Reimbursement: Approve
K. Well 25 Pumping Facilities Contract — Irminger Construction:
Approve
L. Well 26 Test Well Change Order #1 LF nal) — Adamson Drilling:
Approve
M. Memorandum of Understanding for GIS fees: Approve
N. Agreement for Economic Development Coordinator: Approve
Meridian City Council Agenda—July 20, 2004 Page 2 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents andlor hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Is]
— Environmental Financial Group:
P. Development Agreement: AZ 04-008 Request for Annexation
and Zoning of 5.22 acres from RUT to C -G zone for Magic View
Court by Larry Hellhake — 2855 Magic View Drive: Approve
7. Department Reports:
A. Policy Changes for Holiday Time / Flex Time: Move Forward
with Resolution
B. Police Department — Chief Musser
1. Discussion of Resolution for Abandoned Vehicles: Put
Resolution on 7/27/04 Agenda
8. (Items Moved from Consent Agenda)
9. Tabled from July 6, 2004: FP 04-038 Request for Final Plat approval of
30 single-family residential building lots and 5 common lots on 16.4 acres
in an R-4 zone for Autumn Faire Crossing Subdivision by Autumn
Faire, LLC — south of West Ustick Road and west of North Black Cat
Road: Table to July 27, 2004 Meeting
10. FP 04-046 Request for Final Plat approval for 72 single-family residential
building lots and 15 common lots on 31.35 acres in an R-4 zone for Fulfer
Subdivision No. 3 by Kevin Powell — north of West McMillan Road and
east of North Ten Mile Road: Table to July 27, 2004 Meeting
11. FP 04-044 Request for Final Plat approval for 5 commercial building lots
on 2.88 acres in an L -O zone for Lynwood Plaza Subdivision by
Busterback Development, LLC — north of West Cherry Lane and east of
North Ten Mile Road: Table to July 27, 2004 Meeting
12. FP 04-045 Request for Final Plat approval for 53 single-family residential
building lots and 10 common lots on 17.83 acres in an R-4 zone for
Bridaetower Crossina Subdivision No. 8 by Primeland Development,
LLP — south of West McMillan Road and east of North Ten Mile Road:
Approve
13. Continued Public Hearing from July 6, 2004: MI 04-005 Request to
allow direct lot access to North Linder Road from an existing home on Lot
2, Block 2 of Cobblefield Crossing Subdivision by CMD, Inc. — south of
West McMillan Road and east of North Linder Road: Table to August 24,
2004 Meeting
Meridian City Council Agenda—July 20, 2004 Page 3 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-0433 at least 48 hours prior to the public meeting.
14. Public Hearing: Sale of Property at Public Auction: Approve Sale
15. Water, Sewer and Trash Delinquencies: Approve
16. Ordinance No. 04-1091 : AZ 04-008 Request for Annexation
and Zoning of 5.22 acres from RUT to C -G zone for Magic View Court by
Larry Hellhake — 2855 Magic View Drive: Approve
17. Executive Session per Idaho State Code 67-2345(1)(f):
Meridian City Council Agenda — July 20, 2004 Page 4 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian City Council Meeting July 20, 2004.
The regular meeting of the Meridian City Council was called to order at 7:00 P.M.,
Tuesday, July 20, 2004, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, William Nary, Keith Bird, and Shaun
Wardle.
Members Absent: Charlie Rountree.
Others Present: Bill Nichols, Will Berg, Anna Canning, Brad Watson, Bill Musser, Kenny
Bowers, Doug Strong and Dean Willis.
Item 1: Roll -call Attendance:
Roll call.
X Shaun Wardle X Bill Nary
Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
De Weerd: I will go ahead and call this meeting to order. Welcome to the regular
Council meeting. It's Tuesday, July 20th. It is 20 after 7:00 and we will begin with roll
call attendance.
Item 2: Pledge of Allegiance:
De Weerd: Item No. 2, the pledge of allegiance, and I have asked Katelyn Parsons and
her dad if they would, please, lead us in the pledge.
Item 3: Community Invocation by Pastor Burton Roberts, with Meridian
Gospel Tabernacle:
De Weerd: Thank you, Katelyn. And thank you, Officer Parsons. We do have -- Item
No. 3 is the community invocation by Pastor Burton Roberts with Meridian Gospel
Tabernacle. If you will, please, lead us.
Roberts: Thank you, Madam Mayor and the Council, again, for the invitation to the faith
community to be a part of these meetings. Let us pray. Most gracious and kind
Heavenly Father, creator of all things, we are so thankful that we can invoke your
presence into this time of meeting tonight. We ask for your wisdom and your guidance
to be a part of this meeting, cause us, oh, Father, to have a greater understanding of
the importance of living in a community such as this. We ask for your continued
blessing and guidance in Jesus mighty name we pray, amen.
De Weerd: Pastor Roberts, I would like to give you one of our new City of Meridian pins
for your participation.
Meridian City Council
July 20, 2004
Page 2 of 14
Roberts: Thank you.
Item 4: Adoption of the Agenda:
De Weerd: Thank you. I guess I have been always announcing Item 3 in our new
partnership with the faith community and how much it has been a pleasure having that
peace to our agendas. I have also invited people in the audience, if they do not wish to
join us in prayer, that this would be a moment of silence to kind of put things in
perspective before the meeting. So, I have stopped doing that, but that is -- now, it's a
very important part of our meetings and so I tend to forget, so I will try and remember to
preface that number each time with that invitation. But, Pastor Roberts, we appreciate
you coordinating this important piece of our meetings and thank you for being here with
us. He was a fill-in tonight. So, Item 4 is adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: We have been requested by some of the applicants to table. Item 9 they'd like
tabled to July 27th, 2004. Item 10 they would like tabled to 7127/04. July 27, 2004.
Item 11 they'd like tabled to July 27th, 2004. And Item 13 they would like that tabled to
August 24th, 2004. And with that I would move that we adopt the revised agenda.
Wardle: Second.
De Weerd: It's been moved and seconded to adopt the agenda as amended. All those
in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 5: Employee Service Awards:
De Weerd: Another great honor I have tonight is to recognize several of our long-term
employees and Council this year budgeted money to expand our appreciation of our
employees that have worked for a number of years or have reached certain milestones
and we appreciate the members as they reach these five, ten, 15, 20, 25 annual -- I see
a 30 year employee tonight. But we appreciate your service to our city. It is of great
pleasure to see these long-term employees and the value that they add to our city. So,
with that said, we are also making up for last year when we did not give out our
longevity awards, so I will first give recognition to those employees. We have two
employees that had ten-year anniversaries and so at this point I would like to recognize
Sonya Allen, who is with our Planning and Zoning Department, and Rick Clinton, who is
our water superintendent. So, if I could meet you down here. I will just stay down here.
Okay. It's not like I'm disorganized or anything. Okay. We have two employees that
reached their five year anniversaries and I will also preface that we have asked you to
Meridian City Council
July 20, 2004
Page 3 of 14
come to City Council, because we all recognize, Council and Mayor, how important your
service is to our community and to our city and so we did want to make it a little bit more
special and so we appreciate you taking a night out of your life and joining us. But I will
recognize our five-year employees that have reached those marks this year. Steve
Siddoway with our Planning and Zoning Department, Officer Parsons with our police
department, and Kathy Dennison in our finance department, if you will step forward? I
have now a special award. It's not often that you have an employee that reaches 30
years of service and Jean Moore in the police department, I think she's grown up with
our city and our city would not be the same without her as an employee and a very
valued employee. So, it's with great pleasure I present this certificate of appreciation,
Jean. Once again, thank you for joining us here tonight. It's certainly our honor to
recognize you for your years of service and we look forward to the next five-year
milestone.
Item 6: Consent Agenda:
A. Findings of Fact and Conclusions of Law for Approval: AZ 03-
038 Request for Annexation and Zoning of 21.38 acres from C-2 to
C -G zones for proposed Mussell Corner Subdivision by Pinnacle
Engineers, Inc. — northeast corner of East Victory Road and South
Meridian Kuna Highway:
B. Findings of Fact and Conclusions of Law for Approval: PFP
03-007 Request for Preliminary Final Plat approval of 4 commercial
building lots on 21.38 acres in a proposed C -G zone for proposed
Mussell Corner Subdivision by Pinnacle Engineers, Inc. —
northeast comer of East Victory Road and South Meridian Kuna
Highway:
C. Findings of Fact and Conclusions of Law for Approval: CUP
03-071 Request for a Conditional Use Permit for a Planned
Development to allow the construction of a combination feed store
and gas station / convenience store on one of the proposed lots
and to allow the existing commercial and residential uses to remain
and the property for proposed Mussell Corner Subdivision by
Pinnacle Engineers, Inc. - northeast corner of East Victory Road
and South Meridian Kuna Highway:
D. Findings of Fact and Conclusions of Law for Approval: VAR
04-004 Request to allow a reduction from the required 5 -foot
interior side lot line setback to 4 -foot on the west side of Lot 6,
Block 11 for Baldwin Park Subdivision No. 5 by Capital
Development /Capital Homes —1127 W. Great Basin Drive:
E. Order Accepting Withdrawl of Application: RZ 04-005 Request
for Rezone of 9.47 acres from R-4 to R-8 zone for proposed
Meddian City Council
July 20, 2004
Page 4 of 14
Larkspur Subdivision by Larkspur LLC/Ron Sargent — 2190 and
2240 South Meridian Road:
F. Order Accepting Withdrawl of Application: PP 04-011 Request
for Preliminary Plat approval of 42 single-family residential building
lots and four common lots on 9.47 acres in a proposed R-8 zone for
Larkspur Subdivision by Larkspur LLC/Ron Sargent — 2190 and
2240 South Meridian Road:
G. Order Accepting Withdrawl of Application: CUP 04-011
Request for a Conditional Use Permit for a Planned Development
for proposed Larkspur Subdivision with request for reduction to
the minimum requirements for lot size, street frontage and front and
street side yard setbacks by Larkspur LLC/Ron Sargent — 2190 and
2240 South Meridian Road:
H. Streetliaht Aareement for Champion Park No. 2 by Hillview
Development:
Crestline
J. Overland Road Rebuild Water Line Reimbursement:
K. Well 25 Pumpina Facilities Contract — Irminger Construction:
L. Well 26 Test Well Chance Order #1 (Final) — Adamson Drilling:
M. Memorandum of Understanding for GIS fees:
N. Agreement for Economic Development Coordinator:
R]
— Environmental Financial Group:
P. Development Agreement: AZ 04-008 Request for Annexation
and Zoning of 5.22 acres from RUT to C -G zone for Magic View
Court by Larry Hellhake 2855 Magic View Drive:
De Weerd: Okay. Item No. 6 is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Meridian City Council
July 20, 2004
Page 5 of 14
Bird: I move we approve the Consent Agenda as published and for the Mayor to sign
and the Deputy Clerk to attest on all proper papers.
Wardle: Second.
De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda. Is
there any further discussion? Okay. Mrs. Clerk.
Roll -Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 7: Department Reports:
A. Policy Chances for Holiday Time / Flex Time:
De Weerd: Thank you. Okay. Item 7, Department Reports, A. You have seen before
with the policy changes for the holiday time and flex time. I hope that you have had a
chance to look at it again. We did -- in our last discussions it came up about comp time
and at the directors' meetings that is a separate issue. It also is affected by the FLSA
and so we would like to recommend at this time we don't make any changes. However,
with the holiday time we wanted to make sure that the people that were on the eight,
nine, and ten hour shifts were appropriately recognized for their work schedules and
that they not be penalized for that and that they be brought in line as recommended in
the new policy. So, at this point are there any questions or concerns that I could try and
answer for you at this time?
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: I just see where, Council, as the liaison for human resources, I also had reviewed
these and I think it is in line with what we have discussed a number of times about
providing some flexibility to the work schedules and allowing for both the compressed
work week, the flex time, and that it be consistent on the holiday for all of the employees
that have those -- the different types of schedules. So, I don't know that there is
anything we haven't covered previously, as the Mayor said.
De Weerd: If there is no further discussion, I would -- unless Mr. Nichols has something
to add.
Nichols: Madam Mayor, Members of the Council, just a reminder that we like to adopt
policies by resolution and so if the Council wants to move this forward, then, we will
prepare an adopting resolution for it.
De Weerd: Appreciate that. So, I would like to see if --
Meridian City Council
July 20, 2004
Page 6 of 14
Nary: Madam Mayor?
De Weerd: Yes.
Nary: I guess if there is no other discussion, I would move that we move these policies
forward and bring forth a resolution to the Council to adopt these as policies for the city.
De Weerd: Do I have a second?
Wardle: Second.
De Weerd: Okay. It's been moved and seconded to instruct the attorney to draw up the
resolutions to adopt these policies. Is there any discussion? Okay. Hearing none,
would you call roll.
Roll -Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
B. Police Department — Chief Musser
1. Discussion of Resolution for Abandoned Vehicles:
De Weerd: Thank you. I'm sorry, just Mrs. Deputy Clerk or -- okay. Item B is the police
department. Chief Musser.
Musser: Madam Mayor, Members of the Council, you should have before you a
resolution that was prepared through our city attorney, which addresses providing the
powers to our ordinance enforcement officers to actually do an impound of an
abandoned vehicle within the city limits. At this time they clear and follow up and
process on all abandon vehicles and they can post them, however, due to an oversight
they didn't exactly have the power to actually do the impound, so our officers were --
this resolution would help us take care of that and let them go ahead and process on
abandoned vehicles that we have that need to be impounded and towed away.
De Weerd: Thank you, chief. Is there any questions?
Bird: What's the resolution number, Mayor? Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we put this resolution on next week's Consent Agenda and pass
it that way.
De Weerd: Okay.
Meridian City Council
July 20, 2004
Page 7 of 14
Nary: Second.
De Weerd: It's been moved and seconded to put this on next week's agenda for
adoption. Is there any further discussion? Okay. All those in favor say aye. All ayes.
Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 8: (Items Moved from Consent Agenda)
De Weerd: There were no items moved from the Consent Agenda.
Item 9: Tabled from July 6, 2004: FP 04-038 Request for Final Plat approval of
30 single-family residential building lots and 5 common lots on 16.4 acres
in an R-4 zone for Autumn Faire Crossing Subdivision by Autumn
Faire, LLC — south of West Ustick Road and west of North Black Cat
Road:
De Weerd: So, we will move to No. 9, which has been requested to table until July 27th.
Do I have a motion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we table Item 9 to July 27, 2004.
Nary: Second.
De Weerd: It's been moved and seconded to table Item 9, FP 04-038 to July 27th, 2004.
All those in favor say aye. All ayes, motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 10: FP 04-046 Request for Final Plat approval for 72 single-family residential
building lots and 15 common lots on 31.35 acres in an R-4 zone for Fulfer
Subdivision No. 3 by Kevin Powell — north of West McMillan Road and
east of North Ten Mile Road:
De Weerd: Item 10 has also been requested to table.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Meridian City Council
July 20, 2004
Page 6 of 14
Bird: I move we table FP 04-046 until July 27th, 2004.
Wardle: Second.
De Weerd: It's been moved and seconded to table Item 10 to July 27th. All those in
favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 11: FP 04-044 Request for Final Plat approval for 5 commercial building lots
on 2.88 acres in an L -O zone for Lynwood Plaza Subdivision by
Busterback Development, LLC — north of West Cherry Lane and east of
North Ten Mile Road:
De Weerd: Item 11 has also had a similar request.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we table FP 04-044 until July 27th, 2004.
Nary: Second.
De Weerd: It's been moved and seconded to table Item 11 to July 27th, which is getting
to be a very long agenda.
Bird: I was going to say --
De Weerd: All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 12: FP 04-045 Request for Final Plat approval for 53 single-family residential
building lots and 10 common lots on 17.83 acres in an R-4 zone for
Bridgetower Crossina Subdivision No. 8 by Primeland Development,
LLP — south of West McMillan Road and east of North Ten Mile Road:
De Weerd: And Item 12 gives us reason to be here tonight. FP 04-045 for Bridgetower
Crossing Subdivision No. 8. Anna.
Canning: Madam Mayor, Members of the Council, I almost got out of being here. I did
have this one. This is a request for Bridgetower Subdivision Phase No. 8, which is just
south of McMillan, again, just between Ten Mile and Linder, as shown in the red area.
The request is for 53 single-family residential building lots and ten common lots on
17.83 acres. This is the final plat. It is in substantial compliance with the approved
Meridian City Council
July 20, 2004
Page 9 of 14
preliminary plat. There was one minor change. They relocated a pathway that
previously ran here. They relocated it and put it with an open space lot over here. So, it
just shifted to the open space lot and it connects with an open space lot to the south.
There is a letter from the applicant stating that they are in agreement with all the
conditions of approval and staff is recommending approval of this final plat.
De Weerd: Okay. Council, the applicant agrees with the staff recommendations. Do I
have a motion?
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve Item 12, FP 04-045, final plat for Bridgetower Crossing
Subdivision No. 8.
Nary: Second.
Bird: Second.
De Weerd: It's been moved and seconded to approve Item 12. Any further discussion?
Hearing none, Mrs. Deputy Clerk, will you call roll.
Roll -Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 13: Continued Public Hearing from July 6, 2004: MI 04-005 Request to
allow direct lot access to North Linder Road from an existing home on Lot
2, Block 2 of Cobblefield Crossinq Subdivision by CMD, Inc. — south of
West McMillan Road and east of North Linder Road:
De Weerd: Thank you. Item 13 has been requested to table. Do I have a motion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we table -- continue. I'm sorry. It's a Public Hearing. Continue MI 04-
005 to August 24th, 2004.
Wardle: Second.
De Weerd: Thank you. It's been moved and seconded to continue Public Hearing on
Item 13 to August 24th, 2004. All in favor say aye. All ayes. Motion carries.
Meridian City Council
July 20, 2004
Page 10 of 14
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 14: Public Hearing: Sale of Property at Public Auction:
De Weerd: Item 14 is a Public Hearing on sale of property for public auction and, Mr.
Attorney, are you or our city engineer taking this item?
Nichols: Madam Mayor, I don't think we arranged ahead of time who was going to do
this. This is simply the time for anyone who wants to testify publicly as to whether this
particular parcel of property should or should not be sold by the city as surplus property.
De Weerd: Okay. Well, then, I will open this Public Hearing and invite anyone from the
public who would like to comment on this item. Since I don't see anyone rushing
forward, I will ask our attorney to maybe review next steps and, then, would ask for a
motion from Council.
Nichols: Madam Mayor, Members of the Council, after the Public Hearing is concluded,
the Council, then, has the -- if the Council so chooses, the Council can vote to put the
property up for sale. You have already declared a minimum value for the parcel, which
was part of your prior decision. The property has to be sold at public auction for at least
the minimum declared value. If no one bids the minimum declared value at the public
auction, then, the city is free to list the property for sale or otherwise sell it. This
particular parcel was originally intended, if I recall correctly, as a water booster station,
which ultimately was not needed and so it has no purpose within the city water
department or sewer department or any other part of public works, it's too small for a
park site and so that's why the staff has brought to you a recommendation that it be
declared surplus and sold.
De Weerd: Thank you, Mr. Attorney. That was entered into the public testimony. We
do have an open Public Hearing. If Council would so desire, I would entertain a motion
to close the Public Hearing.
Bird: So moved.
Nary: Second.
De Weerd: It's been moved and seconded to close the Public Hearing on Item 14. All
those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Meridian City Council
July 20, 2004
Page 11 of 14
Bird: I would move that we sell the property at public auction for the minimum -- and I'm
going to have to ask what was the minimum we -- because I forgot. Do you remember,
Bill?
Nary: It was half of what we thought it should be. 17,000?
Bird: What was it, Brad?
Nary: 1,700.
Watson: Madam Mayor, Council Members, I believe it was 3,500.
Bird: 3,500. For a minimum of 3,500.
De Weerd: Is that a second?
Nary: Oh, second.
De Weerd: Okay. It's been moved and seconded to move this forward to public auction.
Is there any further discussion? Mrs. Deputy Clerk, will you call roll.
Roll -Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 15: Water, Sewer and Trash Delinquencies:
De Weerd: Thank you. Our next item, Item 15, is our water, sewer, and trash
delinquencies. This is to inform you in writing, if you so choose, that you have the right
to a pre -termination hearing at 7:30 p.m., Tuesday, July 20th, 2004, before the Mayor
and City Council to appear in person to be judged on the facts and to defend the claim
made by this city that your water, sewer and trash bill is delinquent. You may retain
counsel. Your service will be discontinued on July 21st, 2004, unless payment is
received in full. Is there anyone present who wishes to contest his or her water, sewer,
and trash delinquency? Hearing no response, they are hereby informed that they may
appeal and have the decision of the city reviewed by the Fourth Judicial District Court
pursuant to Idaho State Code. Even though they appeal, their water will be shut off.
The amount of the turn-off list is $20,235.86. Council, do I have a motion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move we approve the water, sewer, and trash turn-off list for the amount of
$20,235.86.
Meddian City Council
July 20, 2004
Page 12 of 14
Nary: Second.
De Weerd: It's been moved and seconded to approve the delinquency for turn off. Is
there any further discussion? Mrs. Deputy Clerk, will you call roll.
Roll -Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 16: Ordinance No. AZ 04-008 Request for
Annexation and Zoning of 5.22 acres from RUT to C -G zone for Magic
View Court by Larry Hellhake — 2855 Magic View Drive:
De Weerd: Thank you so much. Item 16 is Ordinance No. 04-1091 and I will ask the
deputy clerk to, please, read this ordinance by title only.
Green: Thank you, Madam Mayor, Members of the Council. Ordinance No. 04-1091, an
Ordinance finding that Robert and Kathleen Barnes, the owners of certain real property
generally located on the south side of Magic View Drive, west of Allen Street in Magic
View Subdivision, approximately 900 feet west of Eagle Road, South Highway 55,
physical address is 2855 East Magic View Drive, Meridian, Idaho, to be known as Magic
View Court and which lies contiguous or adjacent to the city limits of the City of
Meridian, County of Ada, State of Idaho, have made a request for annexation in writing
to the Council and that said land be annexed to the City of Meridian and zoning
designated General Retail and Service Commercial District (C -G) and declaring that
said land, by proper legal description as described below, be a part of the City of
Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or
parts thereof, in conflict herewith, and directing the city engineer to add said property to
the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of
Meridian to file a certified copy of the ordinance and map of the areas to be annexed
with the Ada County recorder, auditor, treasurer, and assessor and the State Tax
Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section
63-2215.
De Weerd: Thank you, Mrs. Deputy Clerk. You have heard this ordinance read by title
only. Is there anyone in the audience who would like to hear it read in its entirety?
Fortunately, no one said yes.
Nary: The Deputy Clerk is hardly ever here; she might want to read it.
De Weerd: Is the Council Member asking?
Nary: No. No.
Bird: If he is, he can read it.
Meridian City Council
July 20, 2004
Page 13 of 14
De Weerd: He can read it.
Bird: He can start reading it.
De Weerd: Okay. I would entertain a motion to approve this ordinance, to adopt it.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we adopt Ordinance No. 04-1091 with the suspension of rules.
Wardle: Second.
De Weerd: It's been moved and seconded to approve the ordinance as read. Mrs.
Deputy Clerk, will you, please, call roll.
Roll -Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 17: Executive Session per Idaho State Code 67-2345(1)(1):
De Weerd: Thank you. Item 17 is an Executive Session pursuant to Idaho State Code
67-2345(1)(f). Do I have a motion from Council? Mr. Wardle?
Wardle: Madam Mayor, I move that we move into Executive Session per Idaho State
Code 67-2345(1)(f).
Nary: Second.
De Weerd: It's been moved and seconded to adjourn into Executive Session. All those
-- oh, I'm sorry. Mrs. Deputy Clerk, will you, please, call roll.
Roll -Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
EXECUTIVE SESSION.
Meridian City Council
July 20, 2004
Page 14 of 14
MEETING ADJOURNED AT 9:40 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
MAYOR T
ATTEST:
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8/199
WEERD DATE APPRC
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