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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 12 g 0KO s LK 52 b k0WtI.3 2 i 3 4 5 6 7 8 9 10 11 12 13 14 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 WEST, OISE' MERIDIAN, CITY OF MERIDIAN, ADA COUNrY, IDAHO MATrw �Y S' ❑ oY 'A'-F O q ti A' WrGVZVM fY Af 6V29 3T' r nr 4r�77o ffi;V, W. NON LAND FAU OR I " I ° p b 18780 -u CNIL SJI24Lf(W UNbL.JANU; W. �a 7r xC Of 3 It � .2f SWrN LWHIMAN ors Ko o Page 4