2022-10-11 Regular
City Council Regular Meeting
City Council Chambers, 33 East Broadway Avenue Meridian, Idaho
Tuesday, October 11, 2022 at 6:00 PM
Minutes
ROLL CALL ATTENDANCE
PRESENT
Councilwoman Liz Strader
Councilman Treg Bernt
Councilwoman Jessica Perreault
Councilman Luke Cavener
Councilman Joe Borton
Mayor Robert E. Simison
ABSENT
Councilman Brad Hoaglun
PLEDGE OF ALLEGIANCE
COMMUNITY INVOCATION
ADOPTION OF AGENDA Adopted
PUBLIC FORUM – Future Meeting Topics
ACTION ITEMS
1. Public Hearing for 5165 W. Highland Fall Drive (H-2022-0067) by Andrew
George, located at 5165 W. Highland Fall Dr. Approved
Application Materials: https://bit.ly/H-2022-0067
A. Request: Vacation of a 35-foot long by 2-foot long portion of the 10-foot
wide pressure irrigation easement along the west side of Lot 6, Block 3,
Fairbourne Subdivision No. 3.
Motion to approve made by Councilman Bernt, Seconded by Councilwoman Strader.
Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman
Cavener, Councilman Borton
FUTURE MEETING TOPICS
ADJOURNMENT 6:10 p.m.
Meridian City Council October 11, 2022.
A Meeting of the Meridian City Council was called to order at 6:02 p.m., Tuesday, October
11, 2022, by Mayor Robert Simison.
Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica
Perreault and Liz Strader.
Members Absent: Brad Hoaglun.
Also present: Chris Johnson, Bill Nary, Sonya Allen, Shawn Harper and Dean Willis.
ROLL-CALL ATTENDANCE
__X__ Liz Strader __X__ Joe Borton
_____ Brad Hoaglun __X__ Treg Bernt
__X__ Jessica Perreault __X__ Luke Cavener
___X__ Mayor Robert E. Simison
Simison: Council, we will call the meeting to order. For the record it is October 11, 2022.
It's 6:02 p.m. We will begin this evening's regular City Council meeting with roll call
attendance.
PLEDGE OF ALLEGIANCE
Simison: Next item is the Pledge of Allegiance. If you would all, please, rise and join us
in the pledge.
(Pledge of Allegiance recited.)
COMMUNITY INVOCATION
Simison: Next up will be the community invocation, which will be delivered by Pastor
Vinnie Hanke. If you would, please, join us in the invocation or take this as a moment of
silence and reflection.
Hanke: Mr. Mayor, Members of the City Council, thank you again for the opportunity to
pray for you to begin your meeting. God, I ask just humbly and simply for wisdom for the
City Council members. I thank you for their leadership. God, I thank you for the way they
model what a citizen means to be in a city to us. I pray that as they go about their business
that they would listen well, speak well and serve well. And that, God, Meridian would be
a city that would reflect your glory and good. That you would help its citizens to be
neighbors to one another and to live with kindness and charity in our hearts. We thank
you for the changing of the season, the -- the passing of time, how it reminds us of your
grace and its ability to carry us through the day and so we ask as we get close to
concluding this day that you might be present now. It's through Christ that I pray, amen.
Meridian City Council
October 11, 2022
Page 2 of 5
And if I may, Mr. Mayor, kudos on the podcast by the way. Very much enjoyed it.
Simison: Thank you. Appreciate it. Everything I learned from -- was from you, so --
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Bernt: It looks like you got one follower. Congratulations.
ADOPTION OF THE AGENDA
Simison: That's all it takes. It's like -- it's like a butterfly that starts to hurricane, so -- all
right. Next item up is the adoption of the agenda.
Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: I move that we approve the agenda as published.
Cavener: Second.
Simison: I have a motion and a second to approve the agenda as published. Is there
any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have
it and the agenda is adopted.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
PUBLIC FORUM – Future Meeting Topics
Simison: Mr. Clerk, did we have anyone sign up under public forum?
Johnson: Mr. Mayor, we did not.
ACTION ITEMS
1. Public Hearing for 5165 W. Highland Fall Drive (H-2022-0067) by
Andrew George, located at 5165 W. Highland Fall Dr.
A. Request: Vacation of a 35-foot long by 2-foot long portion of the 10-
foot wide pressure irrigation easement along the west side of Lot 6,
Block 3, Fairbourne Subdivision No. 3
Meridian City Council
October 11, 2022
Page 3 of 5
Simison: Okay. Then with that we will move on to Item 1 this evening, which will be a
public hearing for 5165 West Highland Fall Drive, H-2022-0067. We will open this public
hearing with staff comments.
Allen: Thank you, Mr. Mayor, Members of the Council. The first and only application
before you tonight is a request for a vacation and an easement. This site is generally
located northwest of West Chinden Boulevard and North Black Cat Road at 5156 West
Highland Fall Drive. This property was platted as Lot 6, Block 3, Fairbourne Subdivision
No. 3. The applicant requests approval to vacate a 35 foot long by two foot wide portion
of the ten foot wide pressure irrigation easement along the west side of Lot 6, Block 3,
Fairbourne Subdivision No. 3. The reason for the request is that a portion of the home
under construction on the subject lot encroaches two feet into the easement area. The
applicant's narrative states the irrigation easement is for ongoing operations and
maintenance of a six inch diameter pipeline. The line was installed four feet from the west
property line on the lot, reducing the easement width to eight feet where the home
encroaches will still allow adequate space for operating and maintaining the pipeline. A
relinquishment letter was received from Sam Johnson, president of the Fairbourne
Subdivision Owners Association stating they have no objection to the partial vacation of
the pressure irrigation easement as proposed. A letter was also received from Settlers
Irrigation District stating that they do not own or operate the pressure irrigation system for
Fairbourne Subdivision. Staff is recommending approval and there was no written
testimony submitted on this application. Staff will stand for any questions.
Simison: Thanks, Sonya. Council, any questions for staff? Okay. I don't see anyone
that would be qualified as the applicant in the room or online. To your knowledge, Sonya,
were they planning on attending this evening?
Allen: I am unsure if they were or not. Chris mentioned there might be someone online
but -- okay. No. Thank you.
Simison: So, Council, the applicant is not here. Mr. Clerk, do we have anyone signed up
to testify on this item?
Johnson: Mr. Mayor, we have one sign up that didn't indicate they wish to testify and I
apologize if I pronounce the name wrong. Jeff Reedy. Reedy? Is there a Jeff here?
Okay. There was somebody signed in, but they are no longer here.
Simison: Okay. Well, Council, what direction would you like to go? Would you like to
continue this item until the applicant can be here? Close the public hearing with no
comments from the applicant or the one person who signed up?
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Meridian City Council
October 11, 2022
Page 4 of 5
Bernt: Normally -- this is really weird. I think it's happened, you know, maybe a couple
of times within the past month. It normally -- applicants normally show up and testify in
support of their application. Again this is -- same as last time, pretty straightforward. I
don't have any -- I wouldn't have any questions for the applicant if they were here. So,
I'm -- I'm -- I'm okay to proceed if anyone else is.
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: I fall in the same place and I'm -- I'm pretty much a stickler if the applicant is
not here I don't typically like to hear the application. This is fairly administrative.
Everything to be covered is covered in the application and the narrative. So, I -- I don't
have any hesitation with -- with moving forward. But also appreciate if we wanted to hear
from the applicant, but like Council Member Bernt, I don't have any questions I would ask.
Simison: Okay. Then with that do I either have a motion to close the public hearing or
another motion? Because I don't think we are going to get any further with anybody else
in the room talking.
Bernt: Mr. Mayor, I move that we close the public hearing.
Cavener: Second.
Simison: I have a motion and a second to close the public hearing. All in favor signify by
saying aye. Opposed nay? The ayes have it and the public hearing is closed.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Bernt: I move that we approve Item No. H-2022-0067.
Perreault: Second.
Simison: I have a motion and a second to approve item H-2022-0067. Is there any
discussion? If not, Clerk will call the roll.
Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, absent; Strader,
yea.
Simison: All ayes. Motion carries and the item is agreed to.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Meridian City Council
October 11, 2022
Page 5 of 5
FUTURE MEETING TOPICS
Simison: Anything under future meeting topics?
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: I do have a potential future meeting topic, but before I took too much of the parks
department's time I wanted to see if other Council Members would be interested in
discussing the topic. What I'm curious about would be an overview on what pesticides
and herbicides we use in our public parks, how often we apply them and, then, I think
recently Boise actually approved a pilot and, then, made some changes to move away
from using some of those chemicals in their parks. So, I would be interested in hearing
more about that -- other cities how they are approaching it and, ultimately, maybe even
the Parks Commission would be a good place to take this up. But that's a topic that I'm
interested in exploring and didn't want to use too many resources unless others are
interested.
Simison: Okay. Anything else under future mean topics? All right. Then do I have a
motion to adjourn?
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: Move that we adjourn.
Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes
have it. We are adjourned.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
MEETING ADJOURNED AT 6:10 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
__________________________________ ______/______/______
MAYOR ROBERT E. SIMISON DATE APPROVED
ATTEST:
_____________________________________
CHRIS JOHNSON - CITY CLERK
E IDIAN;---
AGENDA ITEM
Public Forum - Future Meeting Topics
The Public are invited to sign up in advance of the meeting at
www.meridiancity.org/forum to address elected officials regarding topics of
general interest or concern of public matters. Comments specific to an active
land use/development applications are not permitted during this time.
By law, no decisions can be made on topics presented at the Public
Forum. However, City Counicl may request the topic be added to a future
meeting agenda for further discussion or action. The Mayor may also direct
staff to provide followup assistance regarding the matter.
CITY OF MERIDIAN
CITY COUNCIL
PUBLIC FORUM SIGN-IN SHEET
Date: October 11, 2022
Please sign in below if you wish to address the Mayor and City Council and
provide a brief description of your topic. Please observe the following rules of
the Public Forum:
• DO NOT:
o Discuss active applications or proposals pending before Planning
and Zoning or City Council
o Complain about city staff, individuals, business or private matters
• DO
o When it is your turn to speak, state your name and address first
o Observe a 3-minute time limit (you may be interrupted if your topic
is deemed inappropriate for this forum)
Name (please print) Brief Description of Discussion Topic
E IDIAN.;---
Planning and Zoning Presentations and outline
Page 4
PUBLIC HEARING SIGN IN SHEET
DATE: October 11, 2022 ITEM # ON AGENDA: 1
PROJECT NAME: 5165 W. Highland Fall Drive (H-2022-0067)
Your Full Name Your Full Address Representing I wish to testify
(Please Print) HOA? (mark X if yes)
If yes, please
r.r r provide HOA name
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Changes to Agenda: None
Item #1: 5156 W. Highland Fall Dr. (H-2022-0067)
Application(s):
Vacation
Size of property, existing zoning, and location: This site is generally located northwest of W. Chinden Blvd. & N. Black Cat Rd. at
5156 W. Highland Fall Dr.
History: This property was platted as Lot 6, Block 3, Fairbourne Sub. 3.
Summary of Request: The Applicant requests approval to vacate a 35’ long by 2’ wide portion of the 10’ wide pressure irrigation
easement along the west side of Lot 6, Block 3 Fairbourne Subdivision No. 3.
The reason for the request is that a portion of the home under construction on the subject lot encroaches 2-feet into the easement
area. The Applicant’s narrative states the irrigation easement is for ongoing operations and maintenance of a 6-inch diameter pipeline.
The line was installed 4-feet from the west property line on the lot. Reducing the easement width to 8-feet where the home encroaches
will still allow adequate space for operating and maintaining the pipeline.
A relinquishment letter was received from Sam Johnson, President of the Fairbourne Subdivision Owner’s Association stating they
have no objection to the partial vacation of the pressure irrigation easement as proposed. A letter was also received from Settler’s
Irrigation District stating they do not own or operate the pressure irrigation system for Fairbourne Subdivision.
Staff Recommendation: Approval
Written Testimony: None
Notes:
Possible Motions:
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2022-0067, as presented in the staff
report for the hearing date of October 10, 2022: (Add any proposed modifications to conditions)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2022-0067, as presented during the
hearing on October 10, 2022, for the following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Number H-2022-0067 to the hearing date of __________ for the following reason(s): (You should state
specific reason(s) for continuance.)
W IDIAN�
AGENDA ITEM
ITEM TOPIC: Public Hearing for 5165 W. Highland Fall Drive (H-2022-0067) by Andrew
George, located at 5165 W. Highland Fall Dr.
Application Materials: https://bit.ly/H-2022-0067
A. Request: Vacation of a 35-foot long by 2-foot long portion of the 10-foot wide pressure
irrigation easement along the west side of Lot 6, Block 3, Fairbourne Subdivision No. 3.
STAFF REPORT E IIIT�
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 10/11/2022 Lagend
DATE:
J�IProj�Ci LoC�liorl
TO: Mayor&City Council
FROM: Sonya Allen,Associate Planner
208-489-0573 ,
SUBJECT: H-2022-0067
5156 W. Highland Fall Dr. -VAC --,--�
LOCATION: 5156 W. Highland Fall Dr., in the SE 1/4
of Section 21,TAN.,R.1W.
L Ll
I. PROJECT DESCRIPTION
Request to vacate a 35-foot long by 2-foot wide portion of the 10-foot wide pressure irrigation
easement along the west side of Lot 6,Block 3 Fairbourne Subdivision No. 3.
II. APPLICANT INFORMATION
A. Applicant:
Andrew George—P.O. Box 2208,Eagle, ID 83616
B. Owner:
Element Custom Homes,LLC—23 Larkspur Circle,McCall,ID 83638
C. Representative:
Same as Applicant
III. UNIFIED DEVELOPMENT CODE
Per UDC Table 11-5A-2,vacation of a utility easement falls under"all others", which requires
approval from City Council at a public hearing.
IV. NOTICING
City Council Posting Date
Newspaper Notification 9/25/2022
Page 1
Radius notification mailed to 9/23/2022
properties within 300 feet
Next Door posting 9/23/2022
V. STAFF ANALYSIS
The Applicant requests approval to vacate a 35-foot long by 2-foot wide portion of the 10-foot wide
pressure irrigation easement depicted on the recorded plat along the west side of Lot 6,Block 3
Fairbourne Subdivision No. 3.
A legal description and exhibit map of the portion of the easement proposed to be vacated is included
in Section VII below.
The reason for the request is that a portion of the home under construction on the subject lot
encroaches 2-feet into the easement area. The Applicant's narrative states the irrigation easement is
for ongoing operations and maintenance of a 6-inch diameter pipeline. The line was installed 4-feet
from the west property line on the lot. Reducing the easement width to 8-feet where the home
encroaches will still allow adequate space for operating and maintaining the pipeline.
A relinquishment letter was received from Sam Johnson,President of the Fairbourne Subdivision
Owner's Association stating they have no objection to the partial vacation of the pressure irrigation
easement as proposed. A letter was also received from Settler's Irrigation District stating they do not
own or operate the pressure irrigation system for Fairbourne Subdivision.
VI. DECISION
A. Staff:
Staff recommends approval of the partial vacation of the pressure irrigation easement as
proposed by the Applicant and as agreed upon by the easement holder.
Page 2
VII. EXHIBIT
Legal Description&Exhibit Map of the Portion of the Utility Easement Proposed to be Vacated
EASEMENT VACATION
DESCRIPTION FOR
MI1BauRNE DEVELOPMENT, LLC
An exJSting ease men t IoGated irl the NE 114 of th a SE V4 of Section 21,Township d North, Range
i West, Balsa Merldkan, Ckty of Marfdianr and hEing a part of Lot 6 of Block 3 of FAMBOURNF
SUBDIV00N 1VO. 3 as shown in Book 122 of plats at pages 19189—19293 in the office of the
Recmder,Ada County, Idaho, more parricularlydeKrl ed asfailows;
Commencing at a 112 inch&a meter iron pkn marking the southwesterly corner of said Lot 6,from
which a W Inch dlartteter iron pin morking the northwesterly corner of said Lot 6 bears
N 0°29'33" E a distance vi IM00 feet;
Thence 4 90'00r00" E aiong the southery hH)undary of said Lot 5 a distance of 10-00 feet to a
point marking the southeasterly comer of an existing 10 foot pressure irrigation easem-ant as
shown on the plat of said FAtRSOURN€SUBINVIYON W.3;
Thence leaving 5ald southerly Wwndary N 0°2Ta3" E along the easterly boundary of said
B@5€—ant a di5wnce 9f 17-50 few u t1h a POINT OF BE",I N N I NG,-
Thence contlnuing N 0"2T.Sa"E a dlstarite o05-00 feet to a point:
Thence leaving sold easterly boundary N 40"00100'r VV a dlstance of 2.00 feet to a point;
Thence 5 0°29 33°W a distance of 35.00 feet to a point;
Tirenc-e N 9OW'W E a dicta nce of 2,00 feet to the POINT OP BEGINNING.
thFs parCel contains 70-00 Square feet I0.W.2 acres}and Es Subject to any easements morng or
in U&e.
1}fepared by: Kyle A.Koognler,PL5 A tiA
Civil Survey Consultant%Inwrpori ted of o
May 13,2022 '
Page 3
SKETCH TO ACCOMPANK E fSE EW VACATION DESCRIPTION FOR
FAIRBOURNE OEI EL OPMEN Ir L L , LOCATED IN rHE I E 114 OF
THE SE 1 4 OF ,SECTION 27, rOF NS' IP 4 NOR71-4 RANGE I
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