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HomeMy WebLinkAbout1985-11-04A G E N D A MERIDIAN CITY COUNCIL November 4, 1985 Item: Proclamation: Key Club Minutes of previous Meeting held October 21, 1985: (Approved) 1. Findings of Fact and Conclusions of Law on Annexation & Zoning Request by Claremont Development Company. (Approved). 2. Resolution #102: Conditional Annexation & Zoning of Claremont Development Company request. (Approved) 3. Findings of Fact and Conclusions of Law on Annexation & Zoning Request by Chester Hosac. (Approved) 4. Resolution # 103: Conditional Annexation &;:ion ng,;o.f,._Hosac request: (Approved) 5. Public Hearing: Request for Variance by Kent Barney for no Street Lights in The Lake at Cherry Lane.(Attorney to Prepare Findings) 6. Request for Lot Split on Liesure Lane by Cecil Cherry: (Approved) 7. Pre -Termination Hearing:-Water/Sewer/Trash Deliquencies:(Approved) 8. Approve the Bills: (Approved) 9. Transfer of Beer & Wine License, Farmers Club from Dannette Rassmussen to Patrica Rogers: (Approved) 10. Ordinance #458: Late Comers Ordinance on Water: (Approved) 11. Department Reports: MERIDIAN CITY COUNCIL NOVEMBER 4, 1985 Regular Meeting of the Meridian City Council called to order by Mayor Kingsford at 7:30 .p.m. Members Present: Bill Brewer; Ron Tolsma; Bert Myers; Bob Giesler: Others Present: Mr. & Mrs. Oren Mayes, Cora Allen, David Allen, Lloyd Howe, Bob Mitich, Kenny Bowers, Roy Porter, Gary Smith, George Wendt, Terry Smith, Alan Lance, Bill Barkell, James Kiser, Larry Chetwood, Richard Williams, Moe Alidjani,, Gary Schaffer, Miriam Barr, R. D. Bischoff, Bety Bischoff, Jim Johnson, Steve Anderson, James Shearer, Bob Spencer, Duaine Rasmussen, Cynthia Giesler, Bobie Giesler, Chelsie Giesler, Ronda Lowe, Wayne Crookston, Kieth Jacobs, i The Motion was made by Giesler and seconded by Brewer to approve the minutes of the previous meeting held October 21, 1985 as written: Motion Carried: All Yea: Mayor Kingsford read a Proclamation declaring the Week of November 3- 9, 1985 as Key Club Week.. Tyler Smith, President of the Key Club was present to receive a copy of the proclamation. Item #1: Findings of Fact and Conclusions of Law on Annexation & Zoning request by Claremont -Price Development Company: Mayor Kingsford, are there any comments or questions of the Council? There was no response. The Motion was made by Giesler and seconded by Brewer that the Meridian City Council hereby adopts and approves the Findings of Fact and Concl- usions on the Claremont -Price Annexation and Zoning request. Motion Carried: Roll Call Vote: Brewer, Yea: Tolsma, Yea: Myers, Yea_ Giesler, Yea: Item #2: Resolution #102: Conditional Annexation & Zoning for Claremont,; Price Annexation & Zoning request: 1 Mayor Kingsford, are there any comments or questions of the Council on Resolution #102: There was no response. The Motion was made by Tolsma and seconded by Brewer to approve Resol- ution #102 on the Conditional Annexation and Zoning of the Claremont - Price request. Motion Carried: Roll Call Vote: Brewer, Yea: Myers, Yea: Giesler, Yea: Tolsma, Yea: Item #3: Findings of Fact and Conclusions of Law on Annexation & Zoning: request by Chester & Lorriane Hosac: Mayor Kingsford, are there any comments or questions of the Council? II MERIDIAN CITY COUNCIL • NOVEMBER 4, 1985 PAGE #12 Giesler',) n the minutes it was not stated if the services were going to- be extended to South boundary of property, I was absent from that meet ing what was decided? I 1 City Engineer, Discussion was_ services would be extended to and throughl the property but the County would not allow any access on Locust Grove Road therefor_any connections to services would have to be made on the East-West Street. This was the way the discussion ended. Tolsma,, beincp.that they could not front any lots on Locust Grove Road and would'have to bring any service to,that piece of property from the East-West Street, he did not see any reason why they should have to run the service along the fn:on.t of that property. - Brewer,' roperty.Brewer, Counselor is their home excluded from this request? Crookston, no, this includes the property where the home is located. The Motion was made by Brewer andseconded by Myers that the Meridian City Co usions cil hereby adopts and approves the Findings of Fact and Concl-. the Hosac request for Annexation & Zoning. Yea: I Motion Carried: Roll Call Vote: Brewer, Yea: Tolsma, Yea: Myers, Giesler, Yea: Item #4: Resolution #103: Conditional Annexation & Zoning of Hosac Property: I t Mayor Kingsford, any questions or comments of the Council? There was no response. i The Motion was made by Myers and seconded by Tolsma to approve Resol- ution #103 for the Conditional Annexation and Zoning of the Hosac property. Motion Carried: Roll Call Vote: Brewer, Yea: Tolsma, Yea: Myers, Yea:. Giesler, Yea: Item #5: Request for Variance by Kent Barney from the Street Light Ordinance at The Lake at Cherry Lane #2: Mayor Kingsford opened the Public Hearing, is there anyone present who wishes to testify in this matter? Brewer; I would like the Fire Chief, Mr. Bowers to state his feelings on this request. Bowers; in talking to the Police Chief, they were out in this area the other night and few of the residents had their yard lights on, my concern is trying to find the fire hydrants and the addresses in this area,. If the residents do put up yard lights, who is going to maintain them, will they be maintaining them theirselves if they burn out? If the yard light is turned on from the inside of the house 900 of the residents will not turn them on. I I MERIDI NOVEMB PAGE # i N'CITY COUNCIL • RA, 4, 1985 3j • Moe Alidj3lani, 2022 Turnberry Way, Mr. Alidjani was sworn by Attorney Crookston!. Alidjarij,�,I live in Cherry Lane Village and we have to take care of our own light and under the homeowners association every light is supposedllto be on. They are supposed to be automatic with a timer to come on at dusk . Kingsford. `.:this. is" -something something that should be in the covenants that the lights are automatic. I Kieth Jacobs, Loveless Engineering, Mr. Loveless was sworn by Attorney Crookston. LovelessilI the rest of this area does not have street lights and we want this subdivision to blend with what is already there. Mayor Kingsford, is there anyone else who wishes to comment on this request?IThere was no response, Public Hearing was closed. I Brewer,. dust a few comments, lights as we are talking about in this subdivision are hard to maintain and we are not assured they will be turned on. It is very important that the Fire & Police be.able to find J addresses! and locate the fire hydrants during the night time hours and I think it should be more under a public utility contr-.bhhe.d. main- tenance; program than leaving it up to the residents . Myers, ;ifi we are going to require By the Lake to have street lights, it will notllblend with the other parts of this development Tolsma,'we could require that the covenants state automatic control lights with no internal switches on them, so they could not be shut off. 1t' Myers, ;iE we approve this I believe something should be put in the covenants'that if in the future the residents want street lights that the homeowners would have to pay for them. Mayor Kiri`,gsford, I firmly agree with you on that. For everybody's informatiton in the past we did not require street lights in subdiv-- ions andlwhen the residents requested them we had Idaho Power install and the City paid for them on a contract basis since the new Ordinance was adopted it is the developers responsibility to install lights, this is what Ar. Barney is,asking for a variance from, this runs along with the sameltheme that the development out there has. It would be my recommendation, even though Chief I certainly agree with you, to have continuity out there and the Council did approve of a concept plan for thatl�whole area , I believe it would be in the best interest to allow this variance. The Motion was made by Brewer and seconded by Giesler to instruct the City Attorney to prepare Findings of Fact and Conclusions of Law on this request with the recommendation that should in the future street IAghts be installed they would be a -C homeowners liability and th4 fhe yard lights be controlled by photo -electric cell. is MERIDIAN CITY COUNCIL • • NOVEMBER ,4 , 1985 PAGE # 4, Motion,carried; All Yea: The Motion was made by Myers and seconded by Tolsma the'the covenants of the subdivision be lamended to reflect that if street lights are installed at later date it would be at homeowners expense and that the yard} lights be controlled by photo -cell . Motion carried: All Yea: Item #6: Request for Lot Split on Leisure by Cecil Cherry: Mayor KiIpprove gsford, any questions or comments of the Council? Tolsma, his area is on a septic system, would Central District Healh have to this for additional housing? Mayor Kingsford, Yes, in order to obtain building permit. The Motil�n was made by Tolsma and seconded by Brewer to approve the Lot Split request on Leisure'Lane by Cecil Cherry subject to Central District 11. recommendation before any buildings are erected and that this, split be recorded with the Ada County Recorder's Office. Motion Carried: All Yea: Item # 7r Pre -Termination Hearing Water/Sewer/Trash Delinquencies: Mayor Kil1gsford, you have been informed in writing, if you choose to, you hav,e�a right to a pre -termination hearing, before the Mayor and Council,to appear in person to be judged on facts and defend the claim made by the City that your water/sewer/trash bill is deliquent, You may retain counsel. Is there anyone present who wishes to have a hearing? There w:a!,no•response. Due"their failure to pay their water bill or present any valid reason why the bill has not been paid, their water shall be turned off on NOVember 13, 1985. In order to have their water turned 'back on, there will be an additional $10.00 fee. They are here- by informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, Pursuant to Idaho Code. i Even thou.ghtheT�_pne 1 the -water wi l betu� d off . The Motion was made by Tolsma and seconded by Brewer to approve the turn-of,f ilist. i Motion Carried: All Yea: Mayor K,ilgsford, the total.amount of the overdue is $5,421.70. I1. Item #8:11Approve the Bills: The Moti Bills: Motion C i was made by Brewer and seconded by Giesler to approve the ied: All Yea: MERIDIAN NOVEMBER PAGE #15 1 Item #9: Rasmuss'e: I Mayor Ki: this? Porter, ITY COUNCIL • • , 1985 Transfer of Beer & Wine License Farmers Club from Dannette oto Patrica Rogers: sford, Mr. Porter, Police Chief have you any problems with have checked this out and did not discover any problems. The Motion was made by Giesler and seconded by Tolsma to approve the transfer11of the beer and wine license of the Farmers Club to Patrica Rogers ft•'om Dannette Rasmussen: 11 Motion Calmed: All Yea: Item #10i Ordinance # 458: j Mayor Kin, sford, An Ordinance of the Cit of Meridian amending Title Y g 5, Chapter 1, of the revised and compiled Ordinances of the City of Meridianjentitled Water System, by the addition thereto of a new section which shall be known as "Section 5-124 A: Payment or Contribut- ion of Proportionate Costs and Expenses of Constructing Off -Site Water Lines; Co -Operative Agreements"; and providing an effective date, is there anyone in the audience who wishes Ordinance #458 read in its el�irety? There was no response. The Motion Was made b Brewer and seconded b Myers Y y ye s that the rules and provisions of 50-902 and all rules and provisions requiring that Ordin- ances be read on three different days be dispensed with and that Ordin- ance Numbler 458 as read be passed and approved: ai Motion Crried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Ye:a: Department, Reports: Tolsma, We have several residents in town that are very distressed at some of .the properties in town that are adjacent or in the neighborhood of that afire a disgrace to the City of Meridian. I would like the City Attorney to look at some of the Ordinances of the City of Meridian � to see ifllthey could be more stringent enforcement or making them so they could,be enforced more readily or woding the Ordinances so we have more control. Crookston, I can look into it, I do not know for sure if we can up with anything stronger than we already have, I will post haste find out and if they can be changed will prepare the changes. The problem comes with indAidual property rights. Tolsma,itHe comments I have received are how many cars constitute a salvage yard on premises, specific designations of recreational vehicles; and their components, how long a vehicle can -be parked in front of a neighbors residence on a public street without having to be moved, how long a car- can be parked on a public street that is disabled or abandoned before it can be towed away, if a property owner has a veh{cle parked in front of his residence, when can he have it MERIDIAN CITY COUNCIL • • NOVENBER '4, 1985 PAGE # I6 II I towed away, how long can it sit there, what are his legal rights, what they are tconcerned about is if a neighbor has excess amount of vehicles and parks in front of their house do they have to put up with this. Mayor Kingsford, I would appreciate the City Attorney proceeding post haste with this. Mayor Ki'14sford, I would like to set a date to Canvass the Election results;,11under law we have six days to complete this, I would suggest we meet on Wednesday the 6th of November at 5:30 p.m. to canvass the vote. Council Mad no objection to this. Being no further business to come before the.Council the the Motion was made by Myers and seconded by Tolsma to adjourn at 8:10 p.m. Motion Carried: All Yea: (Tape onfile of these proceedings) PPR .�!d, %. �•�•- ATTEST:' INiemann City Clerk Mayo, & Council P &' eCommission A y.l Eng., Fire ,Police, Stuart, Ward, Mitich, Keibert, Valley News, Statesman Hallett, ACHD,ACC ACZ,CDH,NIMD,BRA Mail (5) File (5) rI j ,II Ali BEFORE THE MERIDIAN CITY COUNCIL CLAREMONT DEVELOPMENT COMPANY ANNEXATION AND ZONING FINDINGS OF FACT AND CONCLUSIONS �.' The above entitled annexation and zoning application having 4 , come on for consideration on October 21, 1985, at approximately ' 7:30'o'clock'.'p.m. on said date, at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, and the Council having heard -,'and taken oral and written testimony and the applicant appearing ,and having duly considered the matter, the City Council makes the ;following: FINDINGS OF FACT 1. That notice of, the public hearing on the annexation and :'zoning use was published for two (2) consecutive weeks prior to the said public hearing scheduled for October 21, 1985, the first publication of which was 15 days prior to said hearing; that the matter was duly considered at the October 21, 1985 hearing; that copies of all notices were available to newspaper, radio and ;television stations. 2. That notice of the public hearing is required to be sent . to property owners within 300 feet of the external ,boundaries of the land being considered pursuant to 11-2-416 E, y, AMBROSE, { FITZGERALD &CROOKSTON page 1 Attorneys and Counselors P.O. Box 427. ; .. Meridian, Idaho 838,2 Telephone 888-4181 AMBROSE; FITZGERALD BCROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone888-4481 Revised and Compiled Ordinances of the City of Meridian; that j,. this requirement has been met. 3. That the City Council received both oral and written 'testimony. 4. That the property included in the Application for ,Annexation and Zoning is described in the application, and by ;this reference is incorporated' herein; that the property is generally described as being in the northwest quarter of Section 16, 'Township 3 North, Range l East of Boise -Meridian which is 'basically the. northeast quadrant of the intersection of Eagle Road; and I-84, and hereafter referred to as Parcel 1, and the ,southwest:qua:rter of Section 9, T. 3N.,, R lE., B.M., which is 'basi-cally -in the northeast quadrant of the intersection 'of Eagle ,Road and Franklin Road and which shall hereafter be referred to "as Parcel 2. 5. That the property is adjacent and abutting to the 'present City limits; that the initial point of contact between ,the Present City limits and Parcel 2 along Eagle Road is .',approximately 900.00 feet; that even though the entire annexation ,property has been broken down, for City purposes, into two ;,,parcels, that in fact there are several parcels of land included in the annexation request; that at no point are the common ;boundaries from one parcel to the next less than 450 feet. 6. That the City previously annexed land East of Eagle ;'Road in the Upland Industries annexation; that the City limits page 2 presently extend eastward almost 1/2 mile to Cloverdale Road. 7. That the property included in the annexation and zoning a�pplibat on - is within the Area of Impact of the City of Meridian,;; that�'the Area of Impact extends east to 1/4 mile west of Cloverdale Road. -8 That the entire parcel of ground is included within the Meridian Community Urban Service Planning Area as the Community Qiban' Service Planning Area is defined in the Meridian Comprehensive Plan; that the definition is stated on page 5 of the Meridian Comprehensive Plan as follows: "Definition: These are areas where municipal services and utilities are available or planned for -in the Comprehensive. Plan. Urban services shall include, but not limited to., the following where applicable: a. Municipal central sewer and water facilities. b. Pedestrian walkways and bicycle paths. C. Open space, parks and recreation lands. d. Police and fire protection. e. Public transit. f. Schools (elementary schools that are central to a neighborhood and junior and senior high schools that it are central to communities). ! g. Libraries. h. Storm drainage. •'With its capacity to produce and maintain the above urban AMBROSE, FITzcERALo services, the Comprehensive Plan affirms one commuity concept and & CROOKSTON Attorneys and 11 Counselors P:O. Box 427 page 3 , Merldian, Idaho 83642 Telephone 888.4461 u� j f constitutes an area, which is closely coordinated with the 1976 l l; Facility Plan for the City of Meridian, the natural drainages of give Mile, Nine Mile and Ten Mile, and a traffic circulation system of arterials". 9. That the application for annexation requests that parcel 1 be annexed and zoned (C -G) General Retail and Service Commercial with the proposed use being a regional shopping center and that Parcel 2 be annexed and zoned (I -L) Light Industrial with a proposed industrial use; that Parcel 1 is presently zoned by Ada County as AP -1 and R3; that Parcel 2 presently carries Ada County zoning of AP -1 and M-1. 10. That the Applicant is not the owner of all the property dontained in the annexation and zoning Application; that the Application does contain 'requests for annexation and zoning by the individual owners; that all parcels involved in the annexation have requested to be annexed and zoned by the City and the City, if it does annex the properties involved, would be doing so at the owners request and the City would not be taking any unilateral action to annex said parcels. 11. That the Applicant submitted this Application for annexation and zoning on January 16, 1985, as part of a�, Comprehensive Plan Amendment request.; due to the requirements of the .Local Planning Act of the Ordinances of the City of Meridian,, the City had to first consider the Comprehensive Plan Amendment prior to taking any action on the annexation and zoning. page 4 ,i II• AMBROSE, FITZGERALD SCROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 is L! SII 12•. That the City, both before the Planning and Zoning Commission and City Council, held extensive hearings and a substantial amount of evidence was submitted on the Applicant's Comprehensive Plan Application; that the Comprehensive Plan Application process concerned and answered most of the issues and ptoblems that are involved in this annexation and zoning application; that there were really two substantial issues that were presented during the Comprehensive Plan Amendment procedure; (1) whether the City wanted a regional shoppping center at Eagle Road and I-84 and (2) the cost to the City of providing the necessary public services; that both the Planning and Zoning Commission and the City Council prepared and adopted Findings of Pact and Conclusions on the Applicant's Comprehensive Plan Amendment Application; also, the City and the Applicant and its partner, Price Develoment Company, entered into a Development Agreement; that the Development Agreement, while it does not 0 dictate that the City must annex and zone the property as requested, it does speak to some of the actions of the City and A!,, the -Applicant and its partner, if annexation occurs. 13. That the Findings of Fact of both the Planning and ;Toning Commission and the City Council pertaining to the Applicant's Comprehensive Plan Application are, by this referrence, incorporated herein as if set forth in full hereat; even though not attached hereto as additional Findings; likewise, the Development Agreement is also, by this referrence; page 5 I! Li' i i I li I nc.orporated herein as if set forth in full hereat even though not attached hereto; that under the Development Agreement the , J City: ha's no obligation to provide municipal services to the 3. proposed, 'an6exati-on,area.until such time as the land is finally a;nne, 6d which would only be at such time as actual development ayppears.to, be certain; that once developed, the land would provide much greater property tax and other tax revenue than if not developed; that under the.Development Agreement the Applicant "and its partner," Price. Development Company, have agreed to pay a significant amount of money which would significantly reduce ' financial strains occuring. as a result of having to provide f police and fire services; that sewer and water services would be provided by proprietary functions of the City which are required to fund themselves and would not be a drain on the City's General Hund . ,7 14. That the Comprehensive. Plan Amendment Application of Applicant's was granted and the Comprehensive Plan now allows a k..6gional shopping center to be constructed in the northeast quadrant of the intersection of Eagle Road and I-84; that other ` aainendments were made to the Meridian Comprehensive Plan that also indicate and allow for two sites for a regional shopping center. 15. That the Comprehensive Plan Amendment recently adopted by the City includes the northeast quadrant of Eagle Road and Frranklin Road in the Eastern Industrial Review Area., AMBROSE, FITZGERAID 16. That the Application requests that Parcel 1 be zoned & CROOKSTON Attorneys and Counselors P.O. Box 427 page 6 Merldlan, Idaho .83642 Telephone 888.4461 AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888.4481 �i (;C -G) General Retail and Service Commercial; that the City has adopted a new zone, (RSC) Regional Shopping Center Business District; that the representations and the evidence submitted by the Applicant and its partner indicate the proposed use on Parcel Lis a regional shopping center; that the representative of the Applicant and its partner appearing at the Planning and Zoning Commission public hearing on Monday, September 23, 19851 indicated that the Applicant's Application could and should be amended to request the new zone (RSC) Regional Shopping Center as the development intention on Parcel 1 is to construct a Regional Shopping Center. 17. That the Applicant and its partner, Price Development Company, have indicated and acknowledged that there is a 1!ikelihood that they may not be able to actually construct a regional shopping center on Parcel 1; that they have submitted letters from possible tenants in such a center that express an interest in the location but have not submitted binding I. commitments from major retailers to a shopping center on Parcel 18. That the Findings and Conclusions on the Comprehensive Plan indicate that it is not in the best interest of the City'to annex Parcel 1 and 2 if nothing is going to be built thereon; that: if the area is annexed the City would immediately, upon the I, _ Annexation, be required, at a minimum, to provide police and fire protection services. page 7 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888-4461 19. That the Applicant and Price Development Company agreed i!n the Development Agreement that Parcel 1 and 2 would be conditionally annexed and zoned and if so annexed and zoned that �t the annexation and zoning would not become final unless a building permit was applied and paid for. 20. That the City received comments from the Ada County Highway District and from the Central District Health Department; ,that those comments are incorporated herein as if set forth in full hereat even though not attached hereto. is 21. That the record on this annexation and zoning reveals that the opposition comes primarily from those persons residing in the Mont"vire. Subdivision which is located in the southeast quadrant of Eagle Road and Franklin Road; likewise, during the Gompre-pensive Plan Amendment proceedings most of the opposition ppostion to Applicant's proposal came from residents of Montvue Subdivision; however, there have been residents in that JI subdivision testify in favor of a regional shopping center on Parcel 1 during the Comprehensive Plan Amendment hearing; that much of the concerns of the residents of Montvue Subdivision opposing the annexation and zoning of a regional shopping center r: late to the increase in traffic; that there will be an increase I, .in traffic in any event, shopping center or no shopping center; due to the freeway interchange that is going to be constructed at Eagle Road and 1-84; that the Applicant made representations as .to measures it would undertake to alleviate adverse impacts on page 8' AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho. 83842 Telephone 888,4481 • • Ia; .i Montvue Subdivision. 22. That a representative•of the developers of the Nahas Aogona,l,Shopping site at I-84,and Meridian Road submitted a ,I, Letter objecting to the annexation; the objections stated in the letter have been.for the most part answered and addressed in both the Planning and Zoning and City Council Findings,of Fact and Conclusions relating to the Applicant's Comprehensive Plan;, Amendment application. 23. That the Nahas representative based one objection on his belief that the annexation would "violate Section 50-1006,, Idaho Code, by some how involving an expenditure of funds which would be greater- than the annual appropriation. At this juncture there would be no expenditure of funds regarding municipal services to the proposed annexed area and therefore could not exceed appropriations and at t:his.point in time there is no way of knowing what would be appropriated in the future upon final annexation' nor determining what the expenditures would be. Additionally, while this is hoped to not be the case, if there are not sufficient funds to provide services to the proposed annexed area in the future that does not necessarily mean there i would be an expenditure greater than the appropriation. In all likelihood there would be a cut-back in services, not an over expenditure. CONCLUSIONS 11� 1. That all the procedural requirements of the Local pace 9 1. AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone 888.4481, s• Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the applicant's t� property. 2. That the City has authority to annex land pursuant to l 5b-222, Idaho Code; that exercise of the City's annexation 1 authority is a Legislative function. Burt vs City of Idaho Falls, 105 Idaho 65, 665 P. 2d. 1075 (1983). 3. That the City Council has judged this annexation and zoning application by the guidelines, standards, criteria, and policies contained in Section 50-222, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, Meridian Comprehensive Plan, and the record submitted to it and things of which it can take judicial notice. 4. That the Council may take judicial notice of the City's proceedings, governmental -statutes, ordinances, and policies, and of actual conditions existing within the City and State. 5. That the Conclusions of both the Planning and Zoning J Commission and the City Council pertaining to Applicant's Cpmprehensive Plan Amendment Application are hereby incorporated herein as if set forth hereat even though not attached hereto, as additional conclusions. a 6. That the land within the proposed annexation is aldjacent and contiguous to the present City limits of the City of Meridian,, and the annexation would not be a shoestring page 10 i 0 Annexation; that even though parcel 1 would not be continguous without parcel 2 being annexed there is no requirement in Section 50-222, Idaho Code, that each and every square foot or parcel of land contained in an annexation be initially continguous to the existing City limits; if such were the case no City could annex additional lands; the City and all cities, can rely on a "Domino" effect of contiguousness to meet the requirements of 50-222; i.e., if the initial parcel of land is continguous the next 'boardering parcel then becomes contiguous; that a "shoestring" annexation, which is prohibited by 50-222 refers to an annexation where: the land is connected by a small strip of land such as down r _ a! -highway right-of-way or the center line. 7. That the annexation application has been initiated by the Applicants and the owners of the various parcels and is not "'at the request or initiation of the City of Meridian. 8. That the annexation would constitute orderly development of the City of Meridian in that the annexed.land is l) included within the Meridian. Area of Impact, 2) included within the Meridian Community Urban Service Planning Area which t"is the area where City services and utilities are available or ;are planned, 3) the Applicant will have to extend water and sewer ,services to the annexed area at its own cost, and 4) the eastern i ledge of the City limits already extends to 1/2 mile east of Eagle load. AMBROSE, 9. That the annexation and zoning of RSC for Parcel 1 and FITZGERALD &CR00KSTON Attorneys and Counselors RO.Box 427 page 11 Meridian, Idaho 83842 Telephone 8884481 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Nerldlan, Idaho 83842 Telephone 888.4481 J -L for Parcel 2 is in compliance with the Meridian Comprehensive Plan and the Zoning Ordinances; that immediate annexation and zoning would be in the best interests of: the City of Meridian if `the- City were assured that actual construction of a regional s_hopp ng' :c:enter 'would occur;, that the evidence submitted by the Applicant only indicated a sincere interest in .Parcel 1 as a site f'or'. a,regonal shopping center; Applicant presented insufficient evidence on when a regional shopping center would actually be constructed; that if the City immediately annexed Parcel 1 and 2, the City -would immediately be required to provide City services to the area; that it is not in the best interest of the City to obligate itself to provide City services until acutal development s imminent. 10. That since annexation. is a legislative function, the City may place conditions on annexation or, where appropriate, conditionally annex and zone a parcel of land; that an annexation must be passed and approved by means of an ordinance. { 11. As evidenced by the Findings of Fact and Conclusions pertaining to the Comprehensive Plan Amendment of both the Commission and the Council, the City has serious concerns over the cost of providing City services when there is no assurance developemnt will occur; likewise, there is concern over the cost of providing City services if development does occur. f 12. The Council, however, concludes that a regional shopping center on Parcel l should be afforded an opportunity to page 1,2 AMBROSE, FITZGERALD BCROOKSTON' Attorneys and Counselors P.O. Boz 427 Meridian, Idaho 83842 Telephone 888.4481 ;succeed and if successful, would be in the best interest of the city. 13. That the Development Agreement provides a means of .allowing the Applicant and its partner to succeed in developing.a regional shopping center and yet does not obligate the City to provide public services unless construction is apparent; that :this means is conditional annexation and zoning; that also, the Development Agreement provides the City with supplemental funds with which to provide City services if development does occur. 14. That the comments of the Ada County Highway District ;and the Central Health Department are reasonable and the Applicant should be required to comply therewith; that traffic problems are of great concern to the Council' -and although the State Department of Transportation submitted no comments, any requirements it may impose should be met. 15. That upon final annexation and zoning, the land would be subject to the Ordinances of the City of Meridian and development would have to comply therewith. 16. That the Applicant has made development representations in its Application and in the testimony and evidence it has submitted; that it is reasonable that Applicant be required to 'honor- those representations, most of which, however, are included, in the Development Agreement. 17. That the Applicant has made representations as to how" development could be conducted and constructed such that the i. page 13 .I � c impact on Montvue Subdivision would be reduced as much as Possible.; it is reasonable to require compliances with those r' epresentations. 18. That the. City has recently enacted and approved a Site Planning Review provision as. part of the Zoning Ordinance! Section 11-2-410 C SITE PLANNING REVIEW; that any development should be subject to site planning review. 19. Therefore, based on the Application, the testimony and evidence, the Findings of Fact and Conclusions adopted by both tahe- Commission and City Council regarding the Comprehensvie Plan '= Amendment; these Findings and Conclusions, the Development Agreement, ,,and the Ordinances of the City of Meridian, it is uitimately' »'concluded that Applicants property should be conditionally annexed and conditionally zoned, Parcel 1 being zoned RSC and Parcel 2 being zoned I -L; that such annexation is reasonable and that such is in the best interest of the City,; that the conditions of the annexation and zoning should be as follows: 1. compliance with Development Agreement; 2. compliance with the Ordinances kof the City of Meridian; 3. performance of representations made in Applicant's Application and testimony and evidence; .4. that the annexation and zoning be made final and an AMBROSE, ordinance .passed approving said annexation and zoning, if, within FITZGERALD ' 8 CROOKSTON Attorneys and Counselors page 14 P.O. Box 027 Meildlan, Idaho 83812 Telephone 888-4481 AMBROSE, FITZGERALO &CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83812 .telephone 8884461 eighteen months from the date the City Council approves the conditional annexation and zoning, the Applicant has paid for and -:the City" has issued .a building permit as referrenced in the '':Deve�lopment. Agreement 5. _that, upon, the annexation and zoning being passed 3. uI-nconditionall.y;.that,the annexation and zoning and the land still -.be-subject. to the, Development Agreement, that the Applicant and .its partner comply with the Ordinances of the City of Meridian, that Applicant and its partner comply with the representations made in the Application and their testimony and evidence, particularly the measures to limit adverse effects on Montvue Subdivision; 6. that all development be subject to Site Planning Review; 'i 7. that the requirements of the Ada County Highway District and the State Department of Transportation be met; 8. the requirements' of the Central District Health Department be met,; 9. that if the land is finally annexed and yet it is not developed as represented that the area be de -annexed as set forth � n the Development Agreement; and 10. that if the Applicant and its partner fail to meet any of the above conditions, the City may refuse to finally annex and Zone the property, may cease to provide or issue any necessary permits, may stop all work, or may de -annex the property, 'i page 15 J. r q • t= • vh chever is appropriate. 11. that all conditions hereinabove stated both run with land and be personal to the Applicant and its partner, Price Development Company. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: Councilman Brewer Voted— oted-Councilman CouncilmanTolsma — Votedr 'eq Councilman Myers Voted'' Councilman Giesler Voted—ye q Mayor Kingsford (Tie Breaker) Voted " ' AMBROSE, FITZGERALD &CR.00KSTON Attorneys and Counselors P.O. Boz 427 Meridian, Idaho 83642 Telephone 888.4481 tho Ian 4 -:4 WHEREASt t44, land kb6 ILI nth-:'Exhibit�-..�. is "fisk and oo herein aiif met 'Eli i-A"l-liAl -,U.' "r. � f -AM t— Q City, of Ift 0i a requ m�eli t th,6... I pr9pezjty-v,,,- which ost has b CIiremqiiDevelopm"tCqmpiny and Price V*x"' ,r4reafter n _y,iist: to.#O*.'ffiDev.d: 'requos It h n ted':� b aw rm Ne, HERMla as ,I*e h thitportion of...: --'t -I eve opera t Oel tR to 4 -t be zone&' sc on %OOPPOC!", be z Z). lan& cont �-fj A 4 n' Seoti. WR9RRA%the'-:Vity i.preoe rid AW �qu'a 0 lus i mis, per ta i:n i ngt6 id ftA said **",A on W CLA&NT DEVELOPMENT COMPANY, INC. • ANNEXATION DESCRIPTION REGIONAL SHOPPING CENTER EAGLE RD. - I-84 A tract of land in the SW4 of Section 9, and the NW4 of Section 16, all in T.3 N., R.1 E., B.M., Ada County, Idaho, more particu- larly described as follows: Commencing at the section corner common to Sections 8, 9, 16 and 17, T.3 N., R.1 E., B.M., Ada County, Idaho; thence North along the section line common to said Sections 8 and 9, 1298.53 feet to the Real Point of Beginning, said point bears N.89°56'30"W., 25.00 feet from the southwest corner of COMMERCE PARK SUBDIVISION according to the official plat thereof on file in the Ada County Recorder's Office, Boise, Idaho; thence North along said section line, 935.55 feet to a point thence East, 38.14 feet to the northwest corner of said COMMERCE PARK SUBDIVISION; thence N.82051'14"E. along the boundary line of said COMMERCE PARK SUBDIVISION, 54.03 feet to a point; thence S.87054118"E. along said boundary line, 435.74 feet to a point; thence N.44007'21"E. along said boundary line, 12.31 feet to a point; thence N.88021'11"E. along said boundary line, 220.15 feet to a point; thence S.88028118"E. along said boundary line, 143.92 feet to the northwest corner of Lot 4, Block 2, of said COMMERCE PARK SUBDIVISION; thence South, 433.61 feet to the southwest corner of said Lot 4; thence S.89°56'24"E., 285.00 feet to the southeast corner of said Lot 4; thence North, 426.28 feet to the northeast corner of said Lot 4; thence S.88°28'18"E. along the boundary line of said COMMERCE PARK SUBDIVISION, 371.81 feet to a point; thence S.79°29'17"E. along said boundary line, 181.13 feet to the northwest corner of said COMMERCE PARK SUBDIVISION; thence South along said boundary line, 888.84 feet to the southeast corner of said COMMERCE PARK SUBDIVISION, said corner also being on the north right-of-way line of the Union Pacific Railroad; thence Easterly along said north right-of-way line, 956 feet more or less to a point on the east boundary line of the SE4SW4 of said Section 9; thence Southerly along the east boundary line of said SE4SW4, 1257 feet more or less to the one-quarter corner common to said Sections 9 and 16; thence N.89°20'06"W. along the section line common to said Sections 9 and 16, 234.24 feet to a point; thence S.0°04'37"E., 922.84 feet along a line westerly of and parallel to the easterly boundary line of the NW -4 of said Section 16; Page 1 of 2 „4 thence S.85 24 37 E., 235.00 feet to a point on said easterly boundary line of the NW4 of said Section 16; thence S.0 04 37 E. along said easterly boundary line, 1717.87 feet to the southeast corner of said NW4; thence N.89014145"W. along the south boundary line of said N444, 1346.64 feet to the southwest corner of the SE%W'4 of said Section 16; thence Westerly along the south boundary line of the SW4NW4 of said Section 16, 1346 feet more or less to the southwest corner of said SW4NW4; thence Northerly along the west boundary line of said SW4NW4, 1326 feet more or less to the northwest corner of said SW4NW4; thence Easterly along the north boundary line of said SW4NW4, 1348 feet more or less to the northeast corner of said SW4NbA4 and the southwest corner of the NE4NW4 of said Section 16; thence N.0°1810811W. along the west boundary line of said NE4NW4, 831 feet more or less to a point; thence S.79°21'08"E., 117.09 feet to a -point; thence N.0°18'08"W., 516.55 feet along a line easterly of and parallel to the west boundary line of said NE4NW4 to a point on the north boundary line of said NE4NW4; thence Westerly along the section line common to Sections 9 and 16, 276 feet more or less to a point which is 1078 feet East of the southwest corner of the SW; of said Section 9; thence N. 7°00' W., 1089 feet more or less to a point on the south right-of-way line of the Union Pacific Railroad, said point is 945.3 feet East of the west section line of said 9; thence Northerly, 200 feet to a point on the north right-of-way line of said Union Pacific Railroad; thence Westerly along said north right-of-way line, 945 feet more or less to the Real Point of Beginning. Said tract of land contains 200 acres more or less. Page 2 of 2 TT . .. ..,. f...,. ., :: 10 ig d 1 i Ann*xet'i,gA ' and :$0%4,Ag . is., dvacr-ibed i.n Lhe y this er.+oe is #oxrated, herein; tha' the,ie�sr '� �. 7 i adlfeiot�,.to, and? it a < Locust Greve. y a y tiwy • "> .. - `�".' `" ,�: t �"... r •�� •rs�? +t �, '°L '.,-yam n appQxi�nately S txelve tib)` a ` y r A' 4 ThAt -the ro r # ad jacent aid r t • p y' ; �i .. yam} '{ yy.� Ii G; ii'lg V -Ci ty .iri[Sl 'M "M , *r iii -h n,} h.✓/.' f , D 5. That the pet�t�oAera are: 4'heste�aa� aK . osac anO, their ers, 6. That ithe Fr©party .aXuded A the aaitiorn t 'thor� Area ofImpact of the' Cit q. of Meri�di A " That the entire �arc�I bf ground e`ex jam'"le r Y A e ian Co urt ban' eru�.ce.Planning 'M ", } That; the aippLiBeticaA for nneac*tQ�i requ[�at w patrty bit vexed and` zoned OR,•g,i.i Retsileia<ir�-. use"bf`°tie pbpertg�s agr#oa,eri ,ai8^ .is pat y J, p tvs 1 T i :9,` Tha Ubef hand in this-` - Curve Neighbor} ,',k , ,ae ! deii:'nated in the: Meridian r Plan as amended' Rebruery0gv4awlaAft e� intended to 'be #redominantly 'develo rect a e ` y� r r tx 10 What the ':pro 10 rise of 'the develop the proe+ residential 'inckudi� aa�uit%►a dwelling unit. d tie requested asb*_pq ia_xR-B { t t..: That the Ada Catty: H3gay Di�[tri4n t} s"tatemedt which" iia+es a�C 'rated herein: Petr`t fir, S #� a • *4m-. 4 '' t` ,governme -al h t Planh int viowl; -That conclude d the best #rests,of.,the'City -of Iler i'diahIII A to be, iduaediatiliv de*6X-oped 11ere�f based ©athejicat4:Oi . the evideftCe, tie iamaa#sioXris4.1 -conclusil and these. Pt -,Pact, todo tiro City of lmer141 an it is ulti"t6x- conc Aid, tit .,Pro -erty sh€mtid. be CIOA4 tion I'l Residentialb*, '; t:- su ch Au-nbX4t cpn-ps Oukd an _b that- the, ason'a f the thA f III, A b6, as 0: kPlatin .of ext"83 n,g o ',.,AtAd iri, the, prl6pei , n cementcaamest o 6onstrvt tion .bf etre wt "rty'., D AN L 611 .� ,AMVROVVAL IrINDI. ka, 4ornIPACT The zidian cit4, Counci 1 J F "ncling of fact an,&-- Oo a Otis, ROLL, CAL. (zou 41 Over c MAql loran , T 6isow Cdo -nci,�"n 14kers votes is 1' Rc K Rc K b wary" x G <R• %T r a i} JATt ; ANN, - TY5 ° t is Y - v y aXrii t dr • Exhibit "A" • the following described premises, in ......Nd a. Count• Idaho, to wit: The Northwest Quarter (NW4) of the Southwest Quarter (SW -14) excepting the North Twenty Eight (20 acres, there -of, of Section Five (5) Township 3 North, Range 1 East, Boise Meridian, in Ada County, State of Idaho, except a strip Ten feet wide off the entire East side there -of for a road. Together with all water and water rights and ditches and ditch rights, appurtenant there -to or used in connection there with. OFFICIALS JACK NIEMANN, City Clerk A. M. KIEBERT, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Chief ROY PORTER, Police Chief GARY SMITH, City Engineer MAYOR COUNCIL • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 728 Meridian Street MERIDIAN, IDAHO 83642 Phone 888-4433 GRANT P. KINGSFORD Mayor MR. CECIL CHERRY HAS SUBMITTED THE ATTACHED REQUEST FOR THE SPLITTING OF PROPERTY ON LEISURE LANE. THIS WILL BE ON THE AGENDA ON NOVEMBER 4, 1985 FOR YOUR CONSIDERATION. JACK NIEMANN CITY CLERK COUNCILMEN BILL BREWER RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER BOB SPENCER Chairman Zoning & Planning • • A parcel of land situac<; in the Southeast quarter Southwest quarter, Sec tion 1, Townshir 3 :orth, Range 1 'lest, Boise-'L:ridian, Ada County, Idaho, mor^ particularly described as follows: C onvnvmcin� at tho Southwest corny --,r of the Southeast quarter of the Southwest quarter of said Section 1; thence No'th 21043145" East 1,050.48 feet to a point; thence South 01. CN44" East 140.47 feet to the POINT OF BEGINNING: thence Vast 125.05 feet to a point; thence South 00'14121" :lest 134.48 fee -L, to a point; thence South 89° 51140" gest 172.01 feet to a point; thence North 19°24152" East 14.3.02 feet to the POINT OF BEGINNING. A parcel of land situate in the Southeast quarter Southwest quarter, Section 19 Township 3 North, Range 1 ?Vest, Boise -Meridian, Ada County, Idaho, rior,, particularly described as follows: Commnncin at the Southw-st corner of the Southeast quarter of the Southwest quarter of said Section 1; thence North 20°43145" East 1,050.48 feet to the POINT OF' BEGINNING: thence East 12,5.83 fc:, t to a point; thenc. South 00° 14121" 'lest 140.47 feet to a point; thence :'est 125.05Ko a Point; thence North 00'0414."' ;Test 140.47 feet to the POINT OF BEGINNING. WO -14k, 00, Ryy l lig 10 /Y 161s- 3 Q1S 7l1 a/� 9,3/-w �4 Al X60 C�o 9 I�cq is -0 MOO oj --" 7/ eo szo 6 Sz a'o 0 or//0/-/ 0) - &,/ �� cu CL) cJ aa? 11,16 3 � �A,C) '? 2 M61,61- ck.d-, 16ze- OJ- /0)0 L cf. fay ?� 11D 0 n U '3o6Ro (?68� L�l 71004. 3?d�� Z?d S lY7�f TSF cer of J-�5O Vol o2SS/t��. �iCc'," • Z/7ss- 60V° �o ?° 0 3e,�-7 y lam • l ` X13 4( N, a3Q - N, c-382� ; 1-7 1 juallvLle,11\ 8' 10 6j/wuL &-I. U av,� ?Z� w 8. o7 i Al 0 1o�Q S-�, 3 d i, e qO1Ll� t�-102jg m dit" 680-V f-9,16 gwe��� V psi 8//0 (ted' o�,nuy 96ao X 783 all q<,/ as Mi -7 c7's 3 -7f' �,2 3 CO 0 60 L7 6a& I-.- I- /-I p , I:ZN i 01, 4 YOTO 49 Fo qa 9 0 -76 -JV w��?SAtpA�, � yaq; ne+aFn�u'.s•�:aRA��: ""r+S>3;�.=�+'a'::��'��,•-t��•`T'i'�^�.�*W'�i'±�+:r.,. � �?:' � ''wi 6030 9 q ry y f k A fli bINANCE OF t CITY, OF 1 ,`RIDIAN Ertl Tla L 5 OF fV RSED :Alit Ct ip2l�D' ORD AIANCEB QF T49 r ENTITLED WATER `53l�$' ` BY TRM ADDITI '1 E Q dE A r •; f -�4 WHICH.S'HALi►: EI%N` A5 '." SECTION `A SAY OR *" t1 C?N OF PROPORTION CQS`S AND EXP$$ES' OE`"itliRfiCTI :. _ , T LINES : -MrOPPMATIVE AGREE141MV 19iiJB FitCyil i to -DA!3 WHEREAS, "the City Council std the`:' `yor" ®f Sity.O Aimt f' M. Moridian 0iave Qnclnded that it".f e ;its :befit # t a (, 'City'`of Meridian to amend ,Title Caatez �., WATt 'RIE} O 4 the Revised and Compiled Ord-inandes of the ��t� of` ,lfrrldf ani s i EAS, .U"or ' Idaho Code, 5©- 42, the C authority to male euch ;src%i nancear41e,:e3.latii�i: #recriutions as mayI. he expedient to:maintain, thed rpt and welfare =of" the pity andxts trade, c0ert"aidr - R WHER t• s, under 14ah0 Coag <50'-*304, the City hays to pass all ordinates and make 6114ecjulatc�na; 1es:ti3 �< per'se�rve the public-healt?�; .arid♦ k- � qH F S, under TaishoCode .5t►+-3 i, the Cf bpd y corporate and,poli is and'has the "autb`tty to cont be contracted with- avd acquire hold,.'` ieape� can , 'dlirytiRiJYfY1IT ,y i t!" � �/` J .✓•fir �: "� ?�l'`J' ' 'h111pfonsilM1l1 < Al aCQll] s1 iOn, Ctgpstrt2fi betterment._ or exte $ion of st stmer iwatsx woi- i lt; ' f' ' i right to provide ayes. r for is prove sewer works', NOW; *i'HEREFQRE, ; B$ :fig„ MAz�tEt�', D'�'" TH �AYbR of . i � q" ; , MERIDIA r AND ' GTR rrCIT+ op' ` i OF R <= '; r COE AiTY; TDMOr ✓;, z A Section l . Thi#t fiitle ; Gha'ptr s bftt eenrfs apd < .",C i led Qrd'i nancea'ofiba Ci ty . of Mericit a ?+nded tyle 8ridtion of . $ :#1CM Q� which. Stlpi3p5 . -'�trt1�041t�` 514`a' )VU sectacn read aolia::. ` ... - JY -x.24 ' :A s FAY i pR CQ1�tTR i' Z0 00 . PRO � '.: - . .. � � •ice 3 �XI�R�iSR� f�F `CQ�tS�tUC� t3�k'-�SI.TR WATER �5�BT � � Y r, 'j►Gq�����y��1NTrc va.a twtfet Naithstasding any of . tit grovrmI of > Water Systeil , any per$an,:� 0a� ot ► � �. � association or, ' rt5pe t i 'c ner o has not- r' Y yontriputed: ;,propoti.:onatelywrCrd.-� the contribute co �struct1.ag -an of site water line, w1iiihe that o4 hers been performed by the Citi, r.a iro+emeAt °Pv LP O ri{vate. entity, Yand Who su� "quently dears to ct -City water :Oystem,' Shall be.; roqu ired to egnired cPjrection.chavjti of 3ectibh 11., Od tae 00t rS�ect�on"'-331, as additional hN•f ? k s�. w. , n far int, Pew 1�i'+grh 4� cksarge each t } b S M +,UIN - � ti �." fi4 8G � f` � it.. .y4 M6 Y •� i. � i . YC 1 G land shall, .,3 e:. determ mgd' a foilawas ', Y ta�#ltF 1. The total,<' actual.`boat u. - tl1e. 4# f 7 -AM . x shall be 4 vidod b thy` ^tatal rant +otage ; r' , adjacent the ofd f ' 2• The Above errni Aet� front -f dot � j0 -,v 4 mltipI-44" by lot,`. , the pard or adaCant his the waterrtf the aant { tt1 the extem$i�n.. A;,{'"�,/l, Saction I.,ShMld a °+nater usot At an extet ion to -the te� '- easseaaeAt with prior approval, o f :'in �d� r uy " .i'. z ` {, the staFtdards -anci'`deslgris of tktity ems``} elite on Matsbeen idea su.n�. by: the, City Xe- ■y "a .. t tp�-ies 4tharr than the user, 'the water us ro rd z � exte sion-:may requegt that" this City a r":= iattb i e y f:fit } * j the user,, such that all.o-r a portion o_£ ft64sE ` water ``E3 a will be reimbursed' to ��iat`.; water J` r fr,bl�� �� � c 4qttf6n charges collected under para °aph.t om * x those property owners who will bene from th`�t`#' t �:.re extension y ss4d who otherwise.,,. anotz pal car . prmportioti te' shat® tb thst water Hamm= F40ti'1:D ? , shall have ani' -,duration; ' reimbursement,agiceekent �r . r"J �4 (10), ` years; bo ` ,,44111re mbursement agreem6pt' r 041040 s user paying for or' const�rUq at .water i e7Cte�iSi00` Y 1- r pne hunclsed Per, ant x`1.60$) is f h �ir�zryaye�n�A� 4 t Attom" WW 1 ' }•P W4wiry Y M +�_ � � � 'h � fMPhonrBM1 .. #� Y i r r, R t,.