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Mader, Stephen• 0 (RE: Meridian APPLICANT NAME: vm CITY OF MERIDIAN 33 E. IDAHO MERIDIAN, ID 63642 FENCE VARIANCE APPLICATION Ordinance) OWNERS NAME & ADDRESS:(If different than above) PROOF OF OWNERSHIP: (COPY OF DEED OR OPTION MUST BE ATTACHED) 367"3 -,17, PHONE LEGAL DESCRIPTION OF PROPERTY: LOT#,,_,'V BLK # SUBDIVISION U Z2LQ 2&1'1 PRESENT USE & ZONING OF PROPERTY I SCHEMATIC DRAWING: ATTACH DRAWING SHOWING BUILDINGS, STREETS & PROPOSED FENCE: SURROUNDING PROPERTY OWNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY OWNERS(FROM AUn=IC TAX RECORDS OF ADA COUNTY) WITHIN TWO HUNDRED (200) FEET OF THE EXTERNAL BOUNDRIES OF THE LAND BEING CONSIDERED: DESCRIPTION OF REQUI104ENTS OF THE 010INANCE THAT NEED TO BE REDUCED TO ATTACH APPLICATION FEE OF $ JOS ATTACH STATEMENT THAT FENCE IS ALLOWED UNDER THE RESTRICTIVE COVENANTS OF THE SUBDIVISION OR A COPY OF THE RESTRICTIVE COVENANTS PERTAINING TO FENCES: APPLICANTS SIGNATURE: 1,. COMMITTEE DARING DATE M 91� I • 0 �/ 7.2 Dwelling Unit Size. No Dwelling Unit shall be constructed or placed on any Lot containing a total floor area on all floors intended and suitable for use as living area, not including a garage, of less than 1,500 square feet measured from the outside of the exterior walls, or with a ground floor area of less than 950 square feet. In computing floor area, basement space or any floor with a finished elevation more than three feet below the natural contour of the surrounding area shall not be included. No Building shall exceed two and one-half stories or 28 feet in height unless approved by the ACC. In granting or withholding such approval, the ACC shall consider the adverse effect of height on other properties within the subdivision and such other facts as may be reasonable. Each dwelling unit shall have an attached or detached fully enclosed garage adequate for a minimum of two (2) standard size automobiles. No carport shall be allowed. 7.3 Construction of Buildings. All construction work on Dwelling units shall be diligently and continuously pursued, and shall be completed within nine (9) months from the date construction started unless prevented by weather, acts of God, strikes, material shortages, or other causes beyond the reasonable control of the Owner (not including financial causes). 7.4 Outbuildings. Outbuildings, separate garages, sheds and shelters may be constructed only simultaneously with or after a Dwelling Unit has been constructed on the Owner's Lot. All such buildings shall be constructed only after written approval thereof by the ACC. All outbuildings shall be constructed of similar or compatible exterior materials with the Dwelling Unit so as to be aesthetically compatible therewith. 7.5 Fences. All Lots shall have an enclosed cedar -fenced backyard, however, no fence or wall of any kind shall be constructed on a Lot unless the plans and specifications therefore, including the location, design, material and color thereof, have been approved in writing by the ACC prior to the construction or installation. All fences and/or walls constructed on a Lot shall be in compliance with the applicable ordinance of the City of Meridian, Idaho. All fences and walls shall be subject to the following restrictions: (a) No fence or wall shall be permitted to be constructed or installed on any portion of a berm constructed by the Declarant in Los Alamitos Park Subdivision. (b) Fences and walls shall not extend closer to any street than twenty feet (201 nor project beyond the setback of the principal building on the Lot. No fence higher than six feet W) shall be allowed without the prior written approval of the City of Meridian (if required) and the ACC. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 10 P�1 • ADA CO. RECORDER • CORPORATE WARRANTY DEED DAVID NAVARRO BOISE ID FIRST AMERICAN TITLE G0. '96 OCT 18 Pel 4 3 FOR VALUE RECEIVED, FEE 3400 DEP Boise Valley Construction, Inc., an Idaho corp8F&WED AT THE EQUEST VF a corporation duly organized and existing under the laws of the State of Idaho, grantor, does hereby Grant, Bargain, Sell and Convey unto Stephen F. Mader and Sheila K. Mader, husband and wife whoseaddressis: 2539 S. Bayou Bar ;Way, Meridian, ID, 83642 grantee, the following described real estate, to -wit: Lot 20 in Block 2 of LOS ALAMITOS PARK SUBDIVISION NO. 2, according to the Official Plat thereof, filed in Book 71 of Plats at Pages 7325 and 7326, Official Records of Ada County, Idaho. SUBJECT TO current years taxes, irrigation district assessment, public utility easements, subdivision restrictions and U.S. patent reservations. TO HAVE AND TO HOLD The said premises, with their appurtenances unto the said Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that it is the owner in a fee simple of said premises; that they are free from all encumbrances and that it will warrant and defend the same from all lawful claims whatsoever. IN WITNESS WHEREOF, The Grantor, pursuant to a resolution of its Board of Directors has caused its II corporate name to be hereunto subscribed by its President this 18th day of October, 19%. Boise Valley Construction, Inc. BY:- Ronald Y.Ronald Wurtz, Authorized Signatory STATE OF IDAHO ) SS. COUNTY OF Ada ) On This 18th day of October, in the year 1996, before me, a Notary Public in and for said State, personally appeared Ronald Wurtz , known or identified to me to be the authoXJ6 fig natory of the Corporation that executed the instrument or the person who execilp � gyre d behalf of said Corporation, and acknowledged to�menthat such Corporation executed the s ~l�'01AR!' Notary Public of Idaho W * Ar G Residin at Emmett Idaho '._pl!$v. a Commisssionexpires�18April 2000 ,;E American Title Company of Idaho SCOk : cwfl;� c p & is Nott: 774u • 0 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to 11-9-605 J. 10. of the Revised and Compiled Ordinances of the City of Meridian, that the Fence Variance Committee of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 4:45 o'clock P M., on Monday. April 28, 1997, for the purpose of reviewing and considering the Application of Stephen Mader for a variance from the Meridian Fence Ordinance at the property legally described as follows: Lot 20, Block 2 Los Alamitos Subdivision and known by the address 2539 S. Bayou Bar Way, Meridian, Idaho 83642. The Applicant proposed to reduce the required distance from 20 feet to 15 feet. The public is welcome. Testimony, objections, and comments will be heard and considered by the Committee. A written decision of the Committee will be issued to the Applicant and any person requesting in writing a copy of the decision will be furnished one. Any aggrieved party may appeal the decision of the Committee directly to the Meridian City Council pursuant to Section 11-2-416 G. 1. DATED this 11th day of April , 1997. WILLIAM G. BERG, JR., Cl LERK SECTION 1: amended bpothe That Section 11-9-605 addition thereto go a J., FENCES, is. hereb new subsection to b numbered 10 and which shall read as follows: 10. That if an owner or applicant desires to obtain a variancerom arov s ons of this Sect ion, —V-605 J. FENCES, It shall no a reed as a variance pursuant o the Rrovisions o 11-2-419 or 11-9-612-9—o e Revised and CompiledOrdinances and the procedure or such a variance shall no a governed by Me aforementioned two sections. There shall be a special procedure for variances from is ence ordinance which shall be as follows: a. The owner or applicant shall file an application for a fence variance with the City Clerk which application shall state the o ow ng: 1. Address of subject property; 2. Name, address and phone number of applicant; 3. Name address and phone number of owners of the Subject property; 4. Proof of ownership; 5. Legal description of subject property; 6. Present use of subject property; 7. Zoning of the subject property; 8. -Schematic drawing of the building and proposefence; 9. List of the mailing addresses of all property owners(from authentic tax recor s of Ada count withinfeet BT -the external oun aries of the land bein-q cons erect; 10. Minimum requirements of this ordinance that need to be reduced o permit the proposed ence; 11. An application fee established by resolution IF the Council;. b. *on receipt of the fenclovariance application Iie zoninq administrator s a se a hearins and see hat notice is mailed irst class ma -1-6--ITT owners o ro ert within feet o e radius o the su sectproper y,, which _hearin2 shall be he not sooner than Is days after the mai—vin of a re uire notice and not mnre--YF-an--M daXs after mailing o e required notice. The notice of He-a—ring does not nee o be published in the ofTTcia newspaper. C. The hearing established by this subsection be conduct—e the fence variance com tee comm. tee shall acomprise o e n sneer erg an --Vo ice a oneCoun-EM member ani shall w is ine one committee s h a """ s a 1 a e a m�n'mum o three members o the Committee. d. Upon hearing the re nest for -the fence variance die committee s a Bit e—ran pp rove or deny or approve— with--c-o-n--ditions, the, ap icarlon for fence variance; t at no wr tten f in in s o tact shall e re uired 5ut a Written decision s a a written to the affil"on icant an to any party reques env written not> >co i decision at the ear�ng e. APPEAL. An a r�evd art may appeal the decision o e comm, teeect to t e it pursuan o ec ion _ ounce ALL FENCES FACING GOLF COURSE MUST HAVE A GATE Fenclaegulation OE LOT Property e i ?., Solid Fence53' 20' Setback/ or 4' Open Chain Link Type Fence In Front of Setback7I... Fence Regulation CORNERLOT perty Line Llhlpilll'�II�����II�I I� IIIIIIIin�,_ �� � 20' Setback 3' Wood or Solid Fence or 4' Open Fence 0! 3-,t�- �,, <03,!� Site Triangle 3' Chain Link - \ or Open Fence CITY OF MERIDIA 33 88844�3t Idaho ?d' Solid or OpentFence 1 Behind Set Back Property" Line—� �St<e Uave Open Access *' to Water Meters and Fire Hydrant **(4'X4' ground area) 6' Wood, Solid or Open Fence 3' Wood or Solid Ft cr 4' Open Fenc t<eet� �S • MERIDIAN CITY COUNCIL MEETING:_ May 6 1997 APPLICANT: STEPHEN MADER ITEM NUMBER; 11 REQUEST: APPEAL DECISION BY FENCE VARIANCE COMMITTEE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS aP� All Materials presented at public meetings shall become property of the City of Meridian. 04/30/97 12:03 1'208 368 3086 • TEST AREA [M 001 MiCoR N TECHNOLOGY, INC. 8000 South Federal Way PO Box 6 Boise, ID 83707-0006 # Pages Date qls U Time /O: Z c> To w� _r FROM Steve Mader Company Company Micron Technology, Inc. Address Address 8000 S. Federal Way, PO Box 6, Boise ID 83707 Fax #Oc6l—HWS Telephone # Fax # (208)368.31l O Telephone # (208)368-sDg(o Mr. Berg, Per our phone conversation yesterday, I would like to request a date before the Meridian City Council to appeal the decision made by the Fence Variance Committee on April 28 rejecting my request to reduce the fence setback from 20 feet to 15 feet. If you would please call or fax me with the scheduled date before the Council, it would be much appreciated. Thanks for your help, Stephen Mader 2539 S. Bayou Bar Way Meridian, ID 83642 APR 30 '97 12:09 RECEIVED APR 3 0 1997 CITY OF MERIDIAN 208 368 3086 PAGE.01 WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON. Police Chief WAYNE G. CROOKSTON. JR., Attorney • HUB OF TREASURE VALLEY . A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 " FAX (208) 887-4813 Public Works/Building Departrnent (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor April 28, 1997 Mr. Stephen Mader 2539 S. Bayou Bar Way Meridian, Idaho 83642 RE: FENCE VARIANCE REQUEST 2539 S. BAYOU BAR WAY Dear Mr. Mader: COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman GREG OSLUND MALCOLM MACCOY KEITH BORUP RON MANNING The Fence Variance Committee of the City of Meridian met in your presence at 4:45 P.M., April 28, 1997, in City Hall to consider this request. After due consideration, the Committee decided to allow construction of a six (6) foot tall fence in your side yard setback area subject to the following: 1. The face of the fence shall be set no closer than ten (10) feet to the edge of sidewalk, which is your property line along E. Time Zone Dr. 2. The area between the fence and sidewalk shall be landscaped and maintained by you. 3. The board side of the fence shall face E. Time Zone Drive. 4. The City of Meridian has no jurisdiction in the enforcement of the provisions of your subdivisions Protective Covenants. Since this is a variance to a provision of your covenants we suggest you also contact your Homeowners Association. 5. Please obtain a fence building permit from City Hall prior to beginning construction. Thank you for complying with the City ordinance in requesting this variance. Sincerely, /y* -.t7 Gary D. Smith, P.E. Chairman, Fence Committee cc: File City Clerk Building Inspector Meridian City Council May 6, 1997 Page 46 Stiles: The City has it. Corrie: Maybe Pat you need to get there and make sure we get everything together and make sure the attorney can do it as soon as we can. Tealey: That was my understanding we gave to them with the conditions that we got out of the findings of fact. My direct statement to the Planning staff was is there anything in here that you want extra you put it in and we'll get it drafted and get it back to you and get it signed. Crookston: That is something that Wayne and I need to sit down and go over. Corrie: I will entertain a motion. Morrow. Mr. Mayor, I would move that we remove from the final plat approval of Packard No. 1 the requirement for all ditches to be tiled prior to construction of each phase and insert in their language that says the ditches can be covered with each phase being constructed unless there is an obstruction in the water and the ditches are not clean and kept clean so that the downstream user can use the water unimpeded if that happens then the requirement would be to tile all the ditches at that point in time. That determination would be made by the Mayor and Council in a public meeting. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree in reference to the tiling of ditches, any further discussion? Hearing none, all those in favor? . Opposed? MOTION CARRIED: All Yea ITEM #11: STEPHEN MADER: APPEAL DECISION BY FENCE VARIANCE COMMITTEE: Corrie: How should we proceed here, 2539 S. Bayou Bar is my residence, I have been there since October. I was aware of the fence requirements upon moving in, my realtor had given me a sheet that the City hands out here. I saw there was a 20 foot setback off the curb, I was aware of that. My wife had talked to my neighbor behind me his name is Bob Goehner, he had told her that he received a variance permit from the City to put his fence at 14 feet from the curb. So I came down and got the information for applying for this variance permit and at the time I asked the gal do I have to pay for this up front and she said you have to pay whether you win or lose. I said what are my chances here. At that point she mentioned the variance committee was pretty much holding at 10 feet back of the curb line. Based on my neighbor and based on that information I pretty much plan on, I got the application and paid the $50, at that point I was turned down. Meridian City Council • May 6, 1997 Page 47 They said, apparently they had turned down Mr. Goehner and I guess he got approval from the Council here to go ahead and leave his fence where it was. I guess what I am asking for is the same consideration and the same equity that Mr. Goehner received. It doesn't sit very well with me that one person could put his fence up not in compliance with the ordinance then they can turn around and tell me that I can't do the same thing. I guess what I am asking, I don't know if there is a legal grounds here or what. What I am asking here is for the same consideration. Corrie: Is your fence up now? Mader: No it is not, I have sprinkler lines pulled in, I was waiting for the variance permit assuming I would get it. If I don't get the permit I would have to move two sprinkler lines five feet over from where they are now currently. Bentley: Mr. Mayor, my question is what is the need to move your fence closer to the street? Mader: Basically I am just trying to get as much backyard in my fence as possible. I was looking at the neighbors and I was basically trying to mirror what he had done. If I push the fence over 5 more feet as the variance committee proposed that is about it is 500 feet of lawn that I lose that basically is useless to me. Corrie: Gary can you give us some help here on, I guess Chief you are both on that fence committee is that correct? Rountree: I am too. Corrie: Can you guys give us some information? Smith: Mr. Mayor, Council members, as Mr. Mader indicated the property to the west of him or across the Nine Mile Drain, Mr. Goehner, constructed a fence 6 foot high wooden fence within the side street setback for his home. He was subsequently red tagged for that and was requested to come before the fence variance committee. The fence variance committee turned down his request to keep his fence located within that setback area. He brought that appeal before you folks and you agreed to let him keep his fence where it is, where it was built. The property line in the subdivision on E. Time Zone way is at the back of the sidewalk. The sidewalk is in a public right of way as the planter strip is as the curb and gutter is. Mr. Mader found a property pin apparently at the back of curb which was placed by someone other than a surveyor. But the property line is at the back of sidewalk, his edge of the sidewalk. The fence variance committee has steadfastly as much as possible maintained no more than a 10 foot encroachment into the side street setback for these 6 foot fences. We do that for 2 reasons, one is the pedestrian traffic on the sidewalks and two is the ability of vehicles travelling in the streets to see down the street and onto the property, particularly for children that dart Meridian City Council May 6, 1997 Page 48 out from driveways, that dart out into the street from other locations that could be hidden by a 6 foot fence from the vehicular traffic. Typically corner lots have a less than attractive backyard because they are faced with a setback on their frontage and on their side street and they have to when they conform to that setback with their fencing it puts a crunch on their backyard because the corner lots do not have a requirement for more square footage than an interior lot. So I guess that is why we are sympathetic and that is why the variance committee was formed because got so many requests for these comer lots to encroach into the side street setbacks. This particular yard I guess it is all relative as to how much yard is a big back yard. The older you get the smaller the back yards can be. But anyway, we just decided as the committee that met and talked to Mr. Mader that we were going to regardless of what happened with Mr. Goehner we were going to maintain our 10 foot setback requirement off of the property line for this proposal. If I left anything out Councilman Rountree. Rountree: No you did an excellent job of summarizing the process and what happened specifically. Mader: I guess if I could make a few comments in regard to that. I guess I don't really believe the size of my backyard as far as being a criteria for whether I can get the approval or not that is really not a factor. Smith: That is right and that is why I said it was relative. Mader: As far as the safety issue, I am proposing 5 feet from the back of sidewalk, Mr. Goehner received 4 feet from the back of the curb. So at that point he is definitely meeting the safety criteria. I would meet it more than he would. As far as anybody running out from this fence the only people that might do that would be people from my driveway. You can see that the fence line pretty much runs the whole length of Time Zone from my house to Mr. Goehner's house. My fence line, it is probably 65 to 70 feet from S. Bayou Bar so there is definitely not a visibility issue coming around the corner, I made sure of that fact when I applied. Rountree: When we look at these things and Gary is right in that we look at access from pedestrians, we look at site distance and we also look at aesthetics, we also look at the fact that it is a variance to City ordinance and the City ordinance says it is a 20 foot setback. In order to approve an ordinance we have to be looking at some hardship. Often times the lack of a back yard being the case is considered a hardship on the part of the owner. Which helps support the variance, even in this particular case even with the ordinance setback there is still a sizable backyard. Mader: I throw out to that as far as hardship I have already $175 in pulling my irrigation pipe. I did help the person that did that. If I have to move my fence I have a minimum charge of $100 to have my pipe re -pulled 5 feet away. Meridian City Council May 6, 1997 Page 49 Bentley: Mr. Mayor, if I may address that, that is true additional expense there but you also stated you ordinance was. So if you took it upon yourself to sh planning that this thing would go through than that is an your on. that you are going to have an knew going in what the fence orten up your irrigation system expense that you incurred on Mader: That is true but I also took upon precedence of Mr. Goehner my neighbor who told my wife that he had received a variance permit. It turns out what he received was approval from you the Council I guess. So I guess I would ask. Mr. Crookston what is the legal precedence there and what is my, what is the resolution here. Either he pulls his fence down or mine goes up I guess is the way it seems to me. It is all or none is the way I see it. Crookston: There is no precedence on a variance, it all goes from one application to another application. Mader: The same thing with a City Council ruling I guess? Rountree: Our ruling of the variance. Crookston: It depends on what action was taken. Mader: [guess I would ask for more justification of why his was allowed, why he was allowed to keep his fence up. His backyard is the same width of mine, there is no difference there. Crookston: The only thing I can see in listening to this is that you are on a corner lot. Mader: So is he, he is on the corner of Time Zone and it is River Downs now, it used to be called Mr. Tink, it is a culdesac lane that goes in. It is the exact same situation as near as I can tell. Morrow: Mr. Mayor, I have a question for either the Chief or Gary or Charlie is that was not that fence in place and was not (inaudible) the hardship was the removal of the fence? Gordon: Mr. Mayor and Council, if memory serves me correct, there was also a problem there with he came in and talked to somebody here who told him it was not a problem and go ahead and put it in. There was some confusion that I don't think we were able to satisfy to the Council that he was not given some wrong information prior to installing his fence. And the fence had been there for a year I guess and one of the neighbors had complained about the fence and that is what brought it to the fence committee. Yes the fence was already in but it was my understanding that he understood that there was Meridian City Council May 6, 1997 Page 50 not a problem there. This is that area that has a sidewalk and a planter strip and a curb and I think that was part of the confusion. Corrie: Council any questions? Mader: If it makes a difference the fact that the development fence itself is maybe 2 feet itself off the back of the sidewalk. I guess somehow they were allowed to do that and there is no safety concern there I guess. So we have my neighbor at 4 feet, development fence a rod iron fence at 2 feet yet I can't go 5 feet. Rountree: Well actually you can go a lot closer if you want an open fence like the rod iron fence. Mader: According to my covenants I have to go with a wood fence. Rountree: According to your covenants you can't do what you are proposing. Mader: That is true, put that on the same grounds Mr. Goehner was aware of the same covenants as well and on the same grounds he should have been denied then. Corrie: The covenants are going to be taken care by the homeowners association not us. Mader: That is correct, I am just saying that is not an issue here it wasn't an issue then and it shouldn't be now. Bentley: Mr. Mayor, in order to take care of this issue. I fail to see. that we have brought forth anything to warrant a change or warrant serving the variance from the current building code. So I am going to move that we deny the variance requested on this fence. Rountree: Second Morrow. Question, I guess the question is Mr. Bentley are you moving to deny the appeal of the variance? Bentley: That is correct. Corrie: Any further discussion? All those in favor of the motion to deny the appeal? Opposed? MOTION CARRIED: All Yea Mader: Can I get a copy of the minutes, how do I do that? Meridian City Council May 6, 1997 Page 51 Corrie: Sure, just come to the City Hall, it will probably take, well if you want approved minutes then it will be the next City Council meeting May 20tH ITEM #12: CHAMBERLAIN ESTATES NO. 2 DEVELOPMENT AGREEMENT: Morrow. Mr. Mayor, have we reviewed the development agreement Mr. Attorney? Crookston: Yes we have. Morrow. And everything is fine? Crookston: Yes, Shari and I worked on it yesterday. Stiles: It is dandy. Morrow. That being the case I move that we approve the development agreement for Chamberlain Estates No. 2. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve the Chamberlain Estates No. 2 development agreement, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: WATER/SEWER/TRASH DELINQUENCIES: Corrie: Delinquencies for the tum off schedule for 5-14-97, this is to inform you in writing if you choose to you have the right to a pre -determination hearing at 7:30 p.m. today May 6, 1997 before the Mayor and City Council to appear in person and be judged on the facts and defend the claim made by the City that your water/sewer/trash is delinquent. You may retain Counsel, this service will be discontinued on May 14, 1997 unless payment is received in full. Is there anyone present who wishes to contest their water, sewer or trash delinquency? They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court pursuant to Idaho Code. Even though they appeal their water will be shut off. The amount of the turn off list is $21,753.58. 1 will entertain a motion for the delinquency. Morrow. So moved Rountree: Second