HomeMy WebLinkAboutDerek Pica on Behalf of Craig and Nicole Brown (Fax & Email)DEREK A. PICA
Attorney at Law
199 N. Capitol Blvd., Suite 302
Boise, ID 83702
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DEREK A. PICA
DEREK A. PICA, PLLC
ATTORNEY AT LAW
199 N. CAPITOL BLVD., SUITE 302
BOISE, ID 83702
TELEPHONE: (208) 336-4144
FACSIMILE: (208) 336-4980
EMAIL: derekpiea@msn.corn
IDAHO STATE BAR No. 3559
ATTORNEY FOR Craig and Nicole Brown, husband and Wife
CITY OF MERIDIAN
IN THE MATTER OF
Application No. H-2018-0042
APPLICATION OF TIMBER CREEK )
RECYCLING MODIFICATION OF ) OBJECTION AND PROTEST
DEVELOPMENT AGREEMENT ) TO MODIFICATION OF
DEVELOPMENT AGREEMENT
H-2018-0042
COMES NOW, Craig and Nicole Brown, husband and wife, and
respectfully file with the Meridian City Clerk their Objection and Protest to
Modification of Development Agreement H-2018-0042 filed by Timber Creek
Recycling (L & G Murgoitio, LLC).
STATEMENT OF FACTS
Craig and Nicole Brown, husband and wife, hereinafter "Brown,"
own a certain parcel of real property known as Parcel Number R51.471.10322
located in Ada County, Idaho. The address of the Brown's property is 7524 S.
Locust Grove Rd., Meridian, Idaho and is within 1000 feet of Timber Creek
OBJECTION AND PROTEST TO MODIFICATION OF DEVELOPMENT
AGREEMENT H-2018-0042 — Page I
Recycling's grinder. (See Exhibit "D" attached hereto).
2. On January 26, 2016, the City of Meridian entered into a
Development Agreement with L & G Murgoiti,o, LLC relating to certain parcels of
real property located in Ada County, Idaho, specifically, parcels S1406417700,
S1406449900, and S1406428305, hereinafter "Timber Creek Recycling Parcels".
At the time the Development Agreement was entered into, the parcels were zoned
Rural -Urban Transition (RUT). In Ada County, RUT zoning provides as follows:
RURAL -URBAN TRANSITION (RUT)
1. Provide standards and regulations for the development of
property within areas of city impact, consistent with the goals and
policies of the applicable city comprehensive plan;
2. Allow agriculture and rural residential uses to continue within
areas of impact until urban public facilities are extended;
3. Provide design standards that shall permit redevelopment of
property to higher densities when urban public facilities are
extended; and
4. Limit new agricultural uses within the areas of city impact to
those that shall not significantly impact nearby urbanizing areas
with noise, odor, dust, or other nuisances normally related to more
intensive farm uses, such as livestock confinement facilities with
three hundred one (30 1) or more animal units. This article,
however, shall in no way preclude the continued use of properties
within these areas for agriculture.
The Development Agreement entered into between the City of
Meridian and L & G Murgoitio, LLC on January 26, 2016, hereinafter "January
26, 2016 Agreement," coincided with the annexation of several parcels of real
property into the City of Meridian with a zoning designation of R-4, Meridian
Density Residential which allows for four (4) dwelling units per acre.
4. The January 26, 2016 Agreement specifically provided in part as
follows:
OBJECTION AND PROTEST TO MODIFICATION OF DEVELOPMENT
AGREEMENT H-2018-0042 — Page 2
1.4 WHEREAS, Owner/Developer has submitted an
application for annexation and zoning of the Property
("Application') requesting a designation of Medium -Low
Density Residential District (R-4 District) under the UDC
and generally describing how the Property will be used,
developed and what improvements will be made; and
1.5 WHEREAS, this Agreement was negotiated and signed
prior to any public hearings, but the final approval of the
Agreement was subsequent to the annexation process of
public hearings and final approval of the Application; and
4 USES PERMITTED BY THIS AGREEMENT: The
right to use and develop the Property after annexation shall be in
accordance with the teens and conditions of this Agreement. The
following uses on the Property are specifically allowed:
4.8 Operate Timber Creek Recycling on the Property as is
currently conducted or may be conducted in the future. The
following outlines the primary activities, but not all
activities, related to the operation of Timber Creek
Recycling on the Property:
4.8.1 Recycled Materials. Timber Creek Recycling
receives the following materials (collectively "Recycled
Materials"):
(a) Wood. Wood is delivered to the Property from the
Ada County Landfill and Republic Services.
owner/Developer is allowed to have up to twenty
(20) truckloads of wood delivered to the Property
daily.
(b) Grass. Grass clippings are delivered to the Property
from Republic Services. Owner/Developer is
allowed to have up to five (5) truckloads of grass
clippings delivered to the Property daily.
(c) Leaves. Leaves are delivered to the Property from
the Ada County Landfill. Owner/Developer is
OBJECTION AND PROTEST TO MODIFICATION OF DEVELOPMENT
AGREEMENT H-2018-0042 — Page 3
allowed to have up to ten (10) truckloads of leaves
delivered to the Property daily.
(d) Sheetrock. Sheetrock is delivered to the Property
fi•om Republic Services. Owner/Developer is
allowed to have up to five (5) truckloads of
Sheetrock delivered to the Property daily.
(e) Other Materials. Owner/Developer is allowed to
accept other materials to recycle which are of the
same category as the materials identified in Sections
4.8.1(a) through 4.8.1(d) or are intended for
agricultural uses. Owner/Developer will be allowed
a reasonable number of truckloads of these other
materials per day, but in no event to increase the
existing number of truckloads per day by forty
percent (40%) for each new material.
4.8.2 Recycling Activities. Owner/Developer is entitled to
continue to accept, process and utilize the Recycled
Materials as is currently done on the Property. For
purposes of clarity, but not limitation, the following are the
primary uses of the Recycled Materials:
(a) Wood. Wood is ground, screened and stored on the
Property until used for bedding. Excess ground
wood may be sold following Owner/Developer's
current business model and operations (wholesale
without advertising signage) unless Owner /
Developer complies with the applicable provisions
of the Meridian City Code. Owner/Developer is not
lhnited to the number of truckloads of ground wood
from the Property per day.
(b) Grass. Grass is utilized as feed for livestock, as a
soil amendment, and for other agricultural use on
the Property.
(e) Leaves. Leaves are processed and used on the
Property as soil amendment. Prior to processing,
the leaves are store in piles on the Property. Owner
/ Developer will comply with requirements from the
Idaho Department of Environmental Quality, if any,
in preventing substantial numbers of leaves from
OBJECTION AND PROTEST TO MODIFICATION OF DEVELOPMENT
AGREEMENT H-2018-0042 — Page 4
being blown off of the Property.
(d) Sheetrock. Sheetrock is ground with wood and
stored on the Property until used for bedding or
soils amendment.
(e) Other materials. Owner/Developer will process
and utilize any additional recyclable materials on
the Property in a reasonable manner.
4.8.3 Termination of Recycling Operations. The above
listed recycling activities on the Property will cease, unless
permitted in the UDC:
(a) Upon the conveyance of the Property to a third
party; provided, however, that the conveyance of the
property: 1) via intestacy or other estate planning
devise or instrument; 2) to an immediate family
member of any member of the Owner/Developer; or
3) to an affiliated entity, will not trigger the
elimination of the uses pennitted in this Section
4.8.3. For purposes of this Section 4.8.3, an
"affiliated entity" is an entity: (a) which is a
successor to Owner/Developer by either merger or
consolidation or pursuant to sale of all or
substantially all of Owner/Developer's assets or
membership interests, or (b) an entity controlled by,
or under common control with, or controlling
Owner/Developer; or
(b) Within thirty (30) days of the latter of: i) the City of
Meridian granting a Certificate of Occupancy to any
residential or commercial development within 1000
feet of the grinding machine located on the
Property, as approximately depicted on the attached
Exhibit C; or ii) notice of the granting of a
Certificate of Occupancy being delivered to Owner /
Developer.
S. No notice was sent to adjoining property owners of the Timber
Creek Recycling parcels regarding the City of Meridian entering into the January
onjECTION AND PROTEST TO MODIFICATION OF DEVELOPMENT
AGREEMENT H-2018-0042 - Page 5
26, 2016 Agreement.
On December 15. 2015, the Meridian City Council held a hearing
in regard to the annexation by the City of Meridian of approximately 1322.14
acres of land from RUT zoning in Ada County to primarily R-4 zoning in the City
of Meridian. A true and correct copy of the Notice of Public Hearing for the
December 15, 2015 hearing is attached hereto as Exhibit "A."
7. On April 11, 2018, Timber Creek Recycling filed an Application to
Modify the January 26, 2016 Agreement to expand its industrial recycling
operation on the Timber Creek Recycling parcels.
OBJECTIONS AND PROTESTS
I.
THE JANUARY 26 2016 DEVELOPMENT AGREEMENT ENTERED INTO
BETWEEN THE CITY OF MERIDIAN AND L & G MURGIOTIO LLC
WAS ENTERED INTO IN VIOLATION OF IDAHO CODE _5_67-6511A
AND THEREFORE THE AGREEMENT HAS NO FORCE AND EFFECT
AND CANNOT BE MODIFIED
Idaho Code § 67-6511A provides in part as follows:
67-6511A. Development agreements. - Each governing board
may, by ordinance adopted or amended in accordance with the
notice and hearing provisions provided under section 67-6509.
Idaho Code, require or permit as a condition of rezoning that an
owner or developer make a written commitment conceming the use
or development of the subject parcel. (Emphasis added).
The City of Meridian could only enter into the January 26, 2016 Agreement if
notice was given and a hearing was held pursuant to Idaho Code § 67-6509. Idaho
Code § 67-6509 provides in part:
67-6509. Recommendation and adoption, amendment, and
OBJECTION AND PROTEST TO MODIFICATION OF DEVELOPMENT
AGREEMENT H-2018-0042 - Page 6
repeal of the plan. - (a) The planning or planning and zoning
commission, prior to recommending the plan, amendment, or
repeal of the plan to the governing board, shall conduct at least one
(1) public hearing in which interested persons shall have an
opportunity to be heard. At least fifteen (1_5) days prior to the
hearing, notice of the time and place and a summary of the plan to
be discussed shall be published in the official newspaper or paper
of general circulation within the jurisdiction. (Emphasis added)_
The City of Meridian never gave notice of a summary of the January 26, 2016
Agreement for the hearing held on December 15, 2015. In fact, the Notice of
Public Bearing for December 15, 2015 only gave notice of the proposed
annexation. The Notice of Public Hearing was silent as to the proposed
Development Agreement that allowed Timber Creek Recycling to operate an
industrial recycling operation on agricultural lands that were being annexed for R-
4 development. None of the neighboring property owners were aware of the
January 26, 2016 Agreement until they received a Notice of Hearing regarding
Timber Creek Recycling's request to modify the January 26, 2016 .Agreement to
increase its industrial operation. A true and correct copy of that Notice of ITearing
is attached hereto as Exhibit "B." It is ironic that the Notice of Hearing for the
now July 17, 2018 Hearing sets forth in detail the modification that Timber Creek
Recycling wants to make to the phantom January 26, 2016.Agreement. Until that
Notice of Hearing was sent, the neighboring landowners had no knowledge that
their quiet agricultural setting was being tumed into an industrial park by the City
of Meridian and Timber Creek Recycling.
The January 26, 2016 Agreement should be immediately rescinded as it
was entered into unlawfully by the City of Meridian. Further, Timber Creek
OBJECTION AND PROTEST TO MODIFICATION OF DEVELOPMENT
AGREEMENT H-2018-0042 — Page 7
Recycling should be immediately required to cease its operations and remove its
facilities as its activities violate both the former Ada County RUT zoning and the
current City of Meridian R-4 zoning.
11.
TiMBER CREEK RECYCLING IS AN INDUSTRIAL BUSIN.ESS THAT
HAS NOTHING TO DO WITH AGRICULTURE
Idaho Code § 22-4502 provides as follows:
22-4502. Definitions. - As used in this chapter:
(1) ".Agricultural operation" includes, without limitation, any
facility for the growing, raising or production of agricultural,
horticultural and viticultural crops and vegetable products of the
soil, poultry and poultry products, livestock, field grains, seeds,
hay, apiary and dairy products, and the processing for commercial
purposes of livestock or agricultural commodities, including the
processing of such commodities into food commodities.
(2) "Nonagricultural activities," for the purposes of this
chapter, means residential commercial or industrial property
development and use not associated with the production of food
commodities.
(3) "Improper or negligent operation" means that the
agricultural operation is not undertaken inconformity with federal,
state and local laws and regulations or permits, and adversely
affects the public health and safety. (Emphasis added).
Timber Creek Recycling does nothing that is associated with the production of
food commodities. While one of its products might be used for bedding for cows,
this does not constitute a production of food commodities. That would be like
saying a steel plant that produces steel for fence posts that are used to fence
livestock, and therefore, the steel plant is associated with the production of food
commodities. Timber Creek Recycling is an industrial operation that violates
both the former RUT zoning and the current R-4 zoning.
OBJECTION AND PROTEST TO MODIFICATION OF DEVELOPMTNT
AGREEMENT H-2018-0042 — Page 8
Timber Creek Recycling certainly is not compatible with residential
development. The January 26, 2016 Agreement recognizes this as paragraph 4.8.3
of that Agreement requires Timber Creek Recycling to cease all recycling
activities within thirty (30) days of ... "the City of Meridian granting a Certificate
of Occupancy to any residential or commercial development within 1000 feet of
the grinding machine located on the property." Apparently, the current property
owners that have residences within 1000 feet at this time aren't given the same
consideration. This at best is offensive. It also creates an equal protection of the
law issue under the United States Constitution. Why is the City of Meridian
treating future property owners differently than the current property owners? As
such, Timber Creek Recycling should be immediately ordered to cease all
operations. Its requested Modification to the January 26, 2016 Agreement should
not even be considered. The current neighboring property owners should not have
to be subjected to the noise and pollution of Timber Creek Recycling's current
operations, let alone the noise and pollution that will be caused by Timber Creek
Recycling's requested expansion -
THE CITY OF MERIDIAN HAS A CONFLICT OF INTEREST THAT
PROHIBITS IT FROM GRANTING TIMBER CREEK RECYCLING'S
MODIFICATION REQUEST
It is the understanding of the Browns that the Ada County Landfill
currently, as well as Republic Services, have contracted with Timber Creek
Recycling and its affiliates to provide recycling services_ A tnie and correct copy
OBJECTION AND PROTFST TO MODIFICATION OF DEVELOPMENT
AGRUMENT H-2018-0042 — Page 9
of Ada County's Contract is attached hereto as Exhibit "C." A representative of
Timber Creek Recycling admitted at a neighborhood meeting in March of 2018
that it had presented a business plan to the City of Meridian's Sanitation
Department to handle the City of Meridian's recycling needs_ This creates an
untenable conflict of interest as it creates a business relationship with the
Applicant. As such, the City of Meridian must deny Timber Creek Recycling's
application.
CONCLUSION
The City of Meridian violated clear provisions set forth in the idaho Code
when it entered into the January 26, 2016 Agreement and authorized Timber
Creek Recycling to conduct an industrial operation on land zoned R-4 medium
density residential. Timber Creek Recycling's industrial operation even violated
the previous RUT zoning. Any attempt to consider Timber Creek Recycling's
industrial operation an agricultural activity defies reason and constitutes an insult
to the very purpose for which zoning ordinances are created. It is the city of
Meridian's duty to protect neighboring property owners, current and future.
Therefore, Timber Creek Recycling's Application for Modification of the January
26, 2016 Agreement must be denied and the January 26, 2016 Agreement must be
rescinded.
DATED this /) l day of July, 2018. ,
Derek A. Pica
Attorney for Craig and Nicole Brown
OR.iECTiON AND PROTEST TO MODIFICATION OF DEVELOPMENT
AGREEMENT IFI -2018-0042 — Page 10
CERTIFICATE OF SERVICE
1, the undersigned, certify that on theme day of July, 2018, I caused a
true and correct copy of the foregoing OBJECTION AND PROTEST TO MODIFICATION
OF DFvrt.OPMENT AGREEMENT 1-I-2018-0042 to be forwarded with all required
charges prepaid, by the method(s) indicated below, in accordance with the Rules
of Civil Procedure, to the following person(s)
Office of the City Clerk [ S. Mail
City of Meridian [ ] Overnight Mail
33 E. Broadway Ave., Suite 104 [ ] i and Delivery
Meridian, ID 83642 [ Facsimile (208) 888-4218
cityclerk@meridiancity.org ail
Derek A. Pica
OBJECTION AND PROTEST TO MODIFICATION OF DEVELOPMENT
AGREEMENT H-2018-0042 - Page 11
�lrE IDIS IAN-�--
33 E. Broadway Ave., Meridian ID 83642
CITY OF MERIDIAN
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of
Meridian will hold a public hearing at. Meridian City Hall, 33 E.
Broadway Ave. Meridian, Idaho at 6:00 p.m. on Tuesday.
December 15, 2015 for the purpose of reviewing and considering
the applications H-2015-0019 by City of Meridian, Planning
Division for Annexation and Zoning of 1,322.14 acres of land
with R4 (1,241.10 acres), R-8 (10.37 acres). R-15 (30.10 acres)
and C -G (40.57 acres) zoning designations for South Meridian
Annexation generally located along Amity Road, east of Linder
Road, west of Eagle Road and north of Columbia Road.
Contact the Community
Development Department at
884-5533 for more
information. A copy of the
application is also available to
view on our website at
www.meridianc;ty.org
Any and all Interested persons
shall be heard at said public
hearing and the public is
welcome and invited to submit
testimony.
Written materials should be
submitted to the City Clerk's
Office at 33 E. Broadway Ave.,
Meridian, Idaho 83642 no later
than 7 days prior to the hearing
date listed on this notification.
"Anyone desiring accommoda-
tion for disabilities related to
the documents and/or hearings
please contact the City Clerk's
Office at (208) 888-4433.*
LEWIS BARNEY & DOROTHY
TRUST
755 W LAKE HAZEL RD
MERIDIAN ID 83642-0000
EXHIBIT I
.�E IDPIA�
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.fitU.S.PO^uTAGE>'�PI-NEY BOWES
RE-NOTICE{CITY OF MERIDIAN NOTICE OF HEARINw� ZIP 63642 $ Q.3B
02 4rNOTICE SS HEREBYGIVEN tits: City Council of tilt Cityof Meri_ 0000340057 JUN 14 2018
hold a public hearing at Meridian City kail. 33 E. Broadway Ave. Menai . r
Idaho at 6:00 p.m. on Tucsday..Jnne 19.2018 for the purpose a, reviewing and
considering the Aopllcafion 13-2018-0042 by Miehnel Murgoitio for An BROWN CRAIG P
Amendrtfent to the Development Agreement to loclude:ite Follo+iri8:
Exp2nsion of the Existing Recycling Business to Allow a Commercial Compost- 7524 5 LOCUST GROVE RD
ing Component: Recycling of Additional Materials fi.e. Food kVoste. Garden
Waste. Demolition Debris. and Other Materials in the Saint Cameoryl: utiliza- MERIDIAN ID 83642-7214
tion of Equipment (!.c. Loaders, Excavators. Conveyors. Trn-::neis. Hoppa
Bows, Air Systems/Compressors. Generators. W iodro ver. Crusher. Grinds.
U'arerine Tntcks. Loaders. Graders. Tractors +rith Impidel Fork Lids and
Other Hcavg Equipment) and Activities (i.c. Crushing. Grinding. Scmcnine.
u'indrom ing Unloadingfllnloading Trucks. etc) Nceeetnty for Composting:
Modification of the property to Include a weather Stntlon- Scale house. Bath-
room with a Septic System- Storage Shod (App:oxima:ely. 40' x 8'). Leaching
Ponds and nems: Parking of Detirery Tmcks and Heavy equipment: and
Marketing and Sale of Processed Reciting Materials: Including but not Limited
to, Ntuleh. Compost Bark, playground Chips. $and. Stone. etc.. For Timber
Creel: Recycling Located at 769S Locust Grove Road
Any Interested persons wishing to testlfy
ere welcome to do to at tbn public
hearing Ilated On :Ns netlticEfleln, Oral
testimony may be Ilmlwc = NlreD (3)
minutes ter person. Written testimony
may be submitted prior to the above
hcn Mg data oither by mail or in person
t Mendlan City Clerk, 33 E. Broadway
Sure 104. Meddian. Idaho 83642 W by
snail :o _C fPtlnrki6finerl(1j¢nei:V.OrO.
All written testimony and all matOritls
presented at the headng shall become
property o: the City of Meridian end
public records subject to the pm,nSlOna
of the Ibehc Public
Records Act. Applications af9 subject to
change throughout :ria public
hearing process and i; is moumcem on
interested persons t0 monitor such
cnanges by'ollawing the process In
person, online. or by contacting City
staff To view a copy o: the official appli-
cation, visit http:f/bi*.ly/060618tlMbOr
Contact the cemni Developmon:
Department a: 208.864.5533 for more
information.
Vicinity Map
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EXHIBIT
AGREEMENT NO. 10133-5-17
RENEWAL AGREEMENT BETWEEN ADA COUNTY AND
MM DEMOLITION, LLC FOR FOOD RECYCLING SERVICES 2017-18
Tk1IS RENEWAL AGREEMENT BETWEEN ADA COUNTY AND MM
DEMOLITION, LLC FOR WOOD RECYCLING SERVICES 2017-18 ("Agreement") will
renew the Agreement Between Ada County and MM Demolition, LLC forWood Recycling
Services, Agreement No. 10133, and is entered into on this 1'4ri"day of GC�-zlue.. __ ,
2017, by and between MM Demolition, LLC ("Contractor") and Ada County ("County"), also
hereinafter referred to as "Patty" or "Parties".
Through this Agreement, Contractor contracts with County to provide wood recycling
services to the County.
ARTICLE 1— DEFINITIONS
RFP: Ada County's Request for Proposals 13051, Wood Recycling Services for Ada
County, first published on March 29, 2013.
Proposal: Contractor's response to Request for Proposals 13051, for Wood Recycling
Services for Ada County FY 20I3, dated April 22, 2013, and which was publicly opened by the
Ada County Board of County Commissioners on April 24, 2013.
ARTICLE 2 - TERM AND TERMINATION
The term of this Agreement is from October 1, 2017, through September 30, 2018. This
Agreement may be renewed for two (2) additional one (1) year terms, under the same general
terms and conditions contained herein, beginning on October 1" and ending on September 30`" of
each subsequent year, upon written agreement of the Parties hereto. The Parties intend and agree
that it is in the best interests of the Parties that the wood waste removal operations continue
under the same Contractor for a minimum of five (5) years. Accordingly, this Agreement may
not be terminated by either Parry, except for good cause, based on a breach of a material term of
this Agreement. Material terms arc defined as those terms that relate to the operation of the
wood waste removal and the County's requirements concerning those operations; payment
requirements; and Contractor's duty to maintain favorable relations with the general public. In
the event of a breach of a material term in this Agreement, ten (10) days written notice shall be
provided to the breaching Party. The breaching Party shall he given ten (10) days to cure said
breach. Failure to cure said breach shall give the non -breaching Party the right to terminate this
Agreement by providing written notice of said termination to the breaching Parry. Upon
termination of the Agreement, Contractor shall cease all wood waste processing activities and
commence evacuation of the Landfill within seven (7) days.
ARTICLE 3 - DUTIES OF PARTIES
A. Contractor's Duties: Contractor shall provide wood waste removal services to
County, as set forth in Proposal, submitted in response to Ada County's RFP, both of which are
RENEWAL AGREEMENT BETWEEN ADA COUNTY AND MM DEMOLITION, LLC FOR
WOOD RECYCLING SERVICES 2017-18—PAGE I
EXHIBIT C t
incorporated herein as if set forth in full. All responses contained in Contractor's Proposal
represent the contractual duties of Contractor under this Agreement. Specifically. Contractor
agrees to provide the following wood recycling and related services to County for the duration of
this Agreement:
1. Contractor will be responsible for all costs associated with its wood
recyclingiremoval operations, including all labor and equipment Contractor is
required to provide and maintain on site of any Wood Recycling/Removal Area,
sufficient equipment for the processing, handling, cleanup and removal of wood
products, all as deemed sufficient by the County's Director of Operations
("Director'). All equipment shall be operational and in good working order.
2. Contractor and its employees will have contact with the general public and are
required to show courtesy and respect to the public in a manner that retlects
favorably on County. Director will relay to Contractor any complaints from
members of the public to County about Contractor and/or its employees, and will
expect Contractor to take corrective action to prevent future complaints of a
similar nature.
3. Wood Recycling/Removal Areas are designated by the Director. These Areas
may be required to be moved at no cost to Ada County as the various operations
of the Landfill migrate. County will provide adequate notice to Contractor of any
such move.
4. Contractor shall perform the following duties on a daily basis:
i. Provide staff on site to divert solid waste containing recyclable wood
products to the Contractor's Wood Recycling/Removal Area:
ii. Separate the wood products from the diverted solid waste and stockpile for
further processing;
iii. Remove the solid waste from the Wood Recycling/Removal Arca and
deposit it in the active Landfill face prior to 6:00 pm;
iv. Remove recycled wood from Landfill, processed or unprocessed;
v. Provide an on-site operations manager.
5. Contractor is required to equip each vehicle or piece of equipment with a fire
extinguisher and shall insure all employees are trained in the operation of such
extinguishers. In the event of a fire in the Wood Recycling/Removal Area,
Contractor shall assist in fighting the lire.
6. Contractor shall develop an on-site safety plan, provide necessary safety
equipment and provide adequate training for its employees.
7. Any Wood Recycling/Removal Area operations shall be conducted during the
normal hours of Landfill operation. Normal operation is from 7:00 am to 6:00 pm
Monday through Friday and 8:00 am to 6:00 pm Saturday. The Landfill is closed
RENEWAL AGREEMENT BETWEEN ADA COUNTY AND MM DEMOLITION, LLC FOR
WOOD RECYCLING SERVICES 2017-18 — PAGE 2
on New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day, and Christmas Day of each year. Contractor is required to provide its wood
processin&emoval services on all Landfill operating days.
8. Contractor will provide wood processing onsite at the Landfill ("Wood Product
Processing"), Contractor will be responsible for all machinery, transportation
vehicles, fuels, oils, and materials needed for Wood Product Processing and the
removal of all processed wood, including the costs of providing light to the Wood
Product Processing area, as needed. Air emissions from any machinery used for
Wood Product Processing must comply with current air quality regulations.
9. Contractor shall minimize the area used for stockpiling processed wood and is
expected to pile processed wood as high as practical, depending on the
capabilities of the wood product handling equipment. In no case shall the area
(footprint) occupied by the stockpile exceed 5,000 square feet nor shall the total
volume exceed 1,500 cubic yards. The Dircetor shall approve the shape, location,
and limits of stockpiles. The Director reserves the right to stop the stockpiling
activity until such time as the stockpile volume and area are reduced. In no case
shall the processed wood be disposed of in the active Landfill face.
10. Contractor shall minimize the area used for stockpiling preprocessed wood and is
expected to pile preprocessed wood as high as practical, depending on the
capabilities of the wood handling equipment. In no case shall the area (footprint)
occupied by the stockpile exceed 25,000 square feet. The Director shall approve
the shape, location, and limits of such stockpile. The Director also reserves the
right to stop the stockpiling activity until such time as the stockpile volume and
area are reduced.
11. if at any time Contractor decides not to process its stockpile, the preprocessed
wood may, with the written approval of the Director, be disposed of in the active
Landfill face. Contractor shall be responsible for the cost of such disposal.
12. Salvaging by members of the public, Contractors, their officers. agents andfor
employees, at County employees is prohibited at the Landfill- At the County's
discretion, recycling operations and composting may take place away from the
active areas in accordance with a recycling or composting plan, if any, adopted by
the County.
B. Payment Terns: County shall make monthly payments to Contractor for the
wood products that are removed from the Landfill during the preceding month at a rate of $4.98
per cubic yard. Payment shall be based on the actual quantity of wood waste removed, measured
in cubic yards. Processed wood shall be chipped into particles no larger than two (2) inches in
size or a size pre -approved by the Director. Processed woad shall be loaded into a vessel capable
of being measured in cubic yardage and weight so that the actual quantity can be accurately
measured. The Director or his designee shall make measurements and determinations of the
quantity of processed wood_ All measurements and weights shall be logged on a verification
RENEWAL AGREEMENT BETWEEN ADA COUNTY AND MM DEMOLITION, LLC FOR
WOOD RECYCLING SERVICES 2017-18 — PAGE 3
form, provided by the County. County utilizes truck scales at the Landfill. Vessels for
transporting processed wood shall be weighed when the vessel arrives at the Landfill (empty)
and shall be weighed as it leaves the Landfill (full).
ARTICLE 4 — GENERAL TERMS
A. The parties herein understand and acknowledge that this agreement and its
attachments are subject to the Idaho Public Records Act (Idaho Code §§ 74-101, er seq_), the
Idaho Open Meetings Act (Idaho Code §§ 74-201, et. seq.), and other applicable federal and state
laws, and may be a public record.
B. Contractor agrees to indemnify, hold harmless and defend Ada County, its
officers, agents and employees from any liability, loss. damage, claim, expense or liability of any
kind, including costs and attorneys fees, which results from the negligence or willful acts or
omissions of Contractor's officers, agents or employees with respect to the obligations outlined
under the terms of this Agreement.
C. Contractor agrees to procure and maintain the insurance contained in Exhibit A of
this Agreement.
D. The Patsies agree that Contractor is an independent contractor, with no
employment relationship with Ada County
E. Both Parties reserve the sole right to control of the use of their own names and
their symbols, trademarks, or service marks presently existing or hereafter established. This
Agreement does not entitle Contractor to the unauthorized use of names, symbols, trademarks, or
service marks of the other in advertising or promotional materials or otherwise without prior
written consent of County.
ARTICLE 5 — NOTICE
For purposes of this Agreement, any required notices given shall be appropriately
addressed as follows:
Contractor: MM Demolition
c/o Mike Murgoido
2623 S. Hillis Place
Meridian, ID 83612
Ada County .
do Director of Operations
200 W. Front Street
Boise, Idaho 83702
ARTICLE 7- ASSIGNMENT
Neither Party may make any assignment of the rights, duties, or obligations of this
Agreement to any other entity without the written consent of the other Party.
,RENEWAL AGREEMENT BETWEEN ADA COUNTY AND MM DEMOLITION, LLC FOR
WOOD RECYCLING SERVICES 2017-18 — PAGE 4
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DEREK A. PICA
DEREK A. PICA, PLLC
ATTORNEY AT LAW
199 N. CAPITOL BLVD., SUITE 302
BOISE, ID 83702
TELEPHONE: (208) 336-4144
FACSIMILE: (208) 3364980
EMAIL: derekpica@msn.com
IDAHO STATE BAR N0.3559
ATTORNEY FOR Craig and Nicole Brown, husband and wife
CITY OF MERIDIAN
IN THE MATTER OF:
)
Application No. H-2018-0042
APPLICATION OF TIMBER CREEK
)
RECYCLING MODIFICATION OF
)
OBJECTION AND PROTEST
DEVELOPMENT AGREEMENT
)
TO MODIFICATION OF
DEVELOPMENT AGREEMENT
H-2018-0042
COMES NOW, Craig and Nicole Brown, husband and wife, and
respectfully file with the Meridian City Clerk their Objection and Protest to
Modification of Development Agreement H-2018-0042 filed by Timber Creek
Recycling (L & G Murgoitio, LLC).
STATEMENT OF FACTS
Craig and Nicole Brown, husband and wife, hereinafter "Brown,"
own a certain parcel of real property known as Parcel Number R5 1471 1 0322
located in Ada County, Idaho. The address of the Brown's property is 7524 S.
Locust Grove Rd., Meridian, Idaho and is within 1000 feet of Timber Creek
OBJECTION AND PROTEST TO MODIFICATION OF DEVELOPMENT
AGREEMENT H-2018-0042 — Page 1
Recycling's grinder. (See Exhibit "D" attached hereto).
2. On January 26, 2016, the City of Meridian entered into a
Development Agreement with L & G Murgoitio, LLC relating to certain parcels of
real property located in Ada County, Idaho, specifically, parcels S 1406417700,
S 1406449900, and S 1406428305, hereinafter "Timber Creek Recycling Parcels".
At the time the Development Agreement was entered into, the parcels were zoned
Rural -Urban Transition (RUT). In Ada County, RUT zoning provides as follows:
RURAL -URBAN TRANSITION (RUT)
1. Provide standards and regulations for the development of
property within areas of city impact, consistent with the goals and
policies of the applicable city comprehensive plan;
2. Allow agriculture and rural residential uses to continue within
areas of impact until urban public facilities are extended;
3. Provide design standards that shall permit redevelopment of
property to higher densities when urban public facilities are
extended; and
4. Limit new agricultural uses within the areas of city impact to
those that shall not significantly impact nearby urbanizing areas
with noise, odor, dust, or other nuisances normally related to more
intensive farm uses, such as livestock confinement facilities with
three hundred one (301) or more animal units. This article,
however, shall in no way preclude the continued use of properties
within these areas for agriculture.
3. The Development Agreement entered into between the City of
Meridian and L & G Murgoitio, LLC on January 26, 2016, hereinafter "January
26, 2016 Agreement," coincided with the annexation of several parcels of real
property into the City of Meridian with a zoning designation of R-4, Meridian
Density Residential which allows for four (4) dwelling units per acre.
4. The January 26, 2016 Agreement specifically provided in part as
follows:
OBJECTION AND PROTEST TO MODIFICATION OF DEVELOPMENT
AGREEMENT H-2018-0042 — Page 2
1.4 WHEREAS, Owner/Developer has submitted an
application for annexation and zoning of the Property
("Application") requesting a designation of Medium -Low
Density Residential District (R-4 District) under the UDC
and generally describing how the Property will be used,
developed and what improvements will be made; and
1.5 WHEREAS, this Agreement was negotiated and signed
prior to any public hearings, but the final approval of the
Agreement was subsequent to the annexation process of
public hearings and final approval of the Application; and
4 USES PERMITTED BY THIS AGREEMENT: The
right to use and develop the Property after annexation shall be in
accordance with the terms and conditions of this Agreement. The
following uses on the Property are specifically allowed:
4.8 Operate Timber Creek Recycling on the Property as is
currently conducted or may be conducted in the future. The
following outlines the primary activities, but not all
activities, related to the operation of Timber Creek
Recycling on the Property:
4.8.1 Recycled Materials. Timber Creek Recycling
receives the following materials (collectively 'Recycled
Materials"):
(a) Wood. Wood is delivered to the Property from the
Ada County Landfill and Republic Services.
Owner/Developer is allowed to have up to twenty
(20) truckloads of wood delivered to the Property
daily.
(b) Grass. Grass clippings are delivered to the Property
from Republic Services. Owner/Developer is
allowed to have up to five (5) truckloads of grass
clippings delivered to the Property daily.
(c) Leaves. Leaves are delivered to the Property from
the Ada County Landfill. Owner/Developer is
OBJECTION AND PROTEST TO MODIFICATION OF DEVELOPMENT
AGREEMENT H-2018-0042 — Page 3
allowed to have up to ten (10) truckloads of leaves
delivered to the Property daily.
(d) Sheetrock. Sheetrock is delivered to the Property
from Republic Services. Owner/Developer is
allowed to have up to five (5) truckloads of
sheetrock delivered to the Property daily.
(e) Other Materials. Owner/Developer is allowed to
accept other materials to recycle which are of the
same category as the materials identified in Sections
4.8.1(a) through 4.8.1(d) or are intended for
agricultural uses. Owner/Developer will be allowed
a reasonable number of truckloads of these other
materials per day, but in no event to increase the
existing number of truckloads per day by forty
percent (40%) for each new material.
4.8.2 Recycling Activities. Owner/Developer is entitled to
continue to accept, process and utilize the Recycled
Materials as is currently done on the Property. For
purposes of clarity, but not limitation, the following are the
primary uses of the Recycled Materials:
(a) Wood. Wood is ground, screened and stored on the
Property until used for bedding. Excess ground
wood may be sold following Owner/Develop&s
current business model and operations (wholesale
without advertising signage) unless Owner /
Developer complies with the applicable provisions
of the Meridian City Code. Owner/Developer is not
limited to the number of truckloads of ground wood
from the Property per day.
(b) Grass. Grass is utilized as feed for livestock, as a
soil amendment, and for other agricultural use on
the Property.
(c) Leaves. Leaves are processed and used on the
Property as soil amendment. Prior.to processing,
the leaves are store in piles on the Property. Owner
/ Developer will comply with requirements from the
Idaho Department of Environmental Quality, if any,
in preventing substantial numbers of leaves from
OBJECTION AND PROTEST TO MODIFICATION OF DEVELOPMENT
AGREEMENT H-2018-0042 — Page 4
being blown off of the Property.
(d) Sheetrock. Sheetrock is ground with wood and
stored on the Property until used for bedding or
soils amendment.
(e) Other materials. Owner/Developer will process
and utilize any additional recyclable materials on
the Property in a reasonable manner.
4.8.3 Termination of Recycling Operations. The above
listed recycling activities on the Property will cease, unless
permitted in the UDC:
(a) Upon the conveyance of the Property to a third
party; provided, however, that the conveyance of the
property: 1) via intestacy or other estate planning
devise or instrument; 2) to an immediate family
member of any member of the Owner/Developer; or
3) to an affiliated entity, will not trigger the
elimination of the uses permitted in this Section
4.8.3. For purposes of this Section 4.8.3, an
"affiliated entity" is an entity: (a) which is a
successor to Owner/Developer by either merger or
consolidation or pursuant to sale of all or
substantially all of Owner/Developer's assets or
membership interests, or (b) an entity controlled by,
or under common control with, or controlling
Owner/Developer; or
(b) Within thirty (30) days of the latter of: i) the City of
Meridian granting a Certificate of Occupancy to any
residential or commercial development within 1000
feet of the grinding machine located on the
Property, as approximately depicted on the attached
Exhibit C; or ii) notice of the granting of a
Certificate of Occupancy being delivered to Owner /
Developer.
5. No notice was sent to adjoining property owners of the Timber
Creek Recycling parcels regarding the City of Meridian entering into the January
OBJECTION AND PROTEST TO MODIFICATION OF DEVELOPMENT
AGREEMENT H-2018-0042 — Page 5
26, 2016 Agreement.
6. On December 15, 2015, the Meridian City Council held a hearing
in regard to the annexation by the City of Meridian of approximately 1322.14
acres of land from RUT zoning in Ada County to primarily R-4 zoning in the City
of Meridian. A true and correct copy of the Notice of Public Hearing for the
December 15, 2015 hearing is attached hereto as Exhibit "A."
On April 11, 2018, Timber Creek Recycling filed an Application to
Modify the January 26, 2016 Agreement to expand its industrial recycling
operation on the Timber Creek Recycling parcels.
OBJECTIONS AND PROTESTS
THE JANUARY 26, 2016 DEVELOPMENT AGREEMENT ENTERED INTO
BETWEEN THE CITY OF MERIDIAN AND L & G MURGIOTIO, LLC
WAS ENTERED INTO IN VIOLATION OF IDAHO CODE & 67-6511A
AND THEREFORE THE AGREEMENT HAS NO FORCE AND EFFECT
AND CANNOT BE MODIFIED
Idaho Code § 67-6511A provides in part as follows:
67-6511A. Development agreements. - Each governing board
In by ordinance adopted or amended in accordance with the
notice and hearing provisions provided under section 67-6509,
Idaho Code, require or permit as a condition of rezoning that an
owner or developer make a written commitment concerning the use
or development of the subiect parcel. (Emphasis added).
The City of Meridian could only enter into the January 26, 2016 Agreement if
notice was given and a hearing was held pursuant to Idaho Code § 67-6509. Idaho
Code § 67-6509 provides in part:
67-6509. Recommendation and adoption, amendment, and
OBJECTION AND PROTEST TO MODIFICATION OF DEVELOPMENT
AGREEMENT H-2018-0042 — Page 6
repeal of the plan. - (a) The planning or planning and zoning
commission, prior to recommending the plan, amendment, or
repeal of the plan to the governing board, shall conduct at least one
(1) public hearing in which interested persons shall have an
opportunity to be heard. At least fifteen (15) days prior to the
hearing, notice of the time and place and a summary of the plan to
be discussed shall be published in the official newspaper or paper
of general circulation within the jurisdiction. (Emphasis added).
The City of Meridian never gave notice of a summary of the January 26, 2016
Agreement for the hearing held on December 15, 2015. In fact, the Notice of
Public Hearing for December 15, 2015 only gave notice of the proposed
annexation. The Notice of Public Hearing was silent as to the proposed
Development Agreement that allowed Timber Creek Recycling to operate an
industrial recycling operation on agricultural lands that were being annexed for R-
4 development. None of the neighboring property owners were aware of the
January 26, 2016 Agreement until they received a Notice of Hearing regarding
Timber Creek Recycling's request to modify the January 26, 2016 Agreement to
increase its industrial operation. A true and correct copy of that Notice of Hearing
is attached hereto as Exhibit "B." It is ironic that the Notice of Hearing for the
now July 17, 2018 Hearing sets forth in detail the modification that Timber Creek
Recycling wants to make to the phantom January 26, 2016 Agreement. Until that
Notice of Hearing was sent, the neighboring landowners had no knowledge that
their quiet agricultural setting was being turned into an industrial park by the City
of Meridian and Timber Creek Recycling.
The January 26, 2016 Agreement should be immediately rescinded as it
was entered into unlawfully by the City of Meridian. Further, Timber Creek
OBJECTION AND PROTEST TO MODIFICATION OF DEVELOPMENT
AGREEMENT H-2018-0042 — Page 7
Recycling should be immediately required to cease its operations and remove its
facilities as its activities violate both the former Ada County RUT zoning and the
current City of Meridian R-4 zoning.
IIA
TIMBER CREEK RECYCLING IS AN INDUSTRIAL BUSINESS THAT
HAS NOTHING TO DO WITH AGRICULTURE
Idaho Code § 22-4502 provides as follows:
22-4502. Defmitions. - As used in this chapter:
(1) "Agricultural operation" includes, without limitation, any
facility for the growing, raising or production of agricultural,
horticultural and viticultural crops and vegetable products of the
soil, poultry and poultry products, livestock, field grains, seeds,
hay, apiary and dairy products, and the processing for commercial
purposes of livestock or agricultural commodities, including the
processing of such commodities into food commodities.
(2) "Nonagricultural activities," for the purposes of this
chapter, means residential, commercial or industrial property
development and use not associated with the production of food
commodities.
(3) "Improper or negligent operation" means that the
agricultural operation is not undertaken inconformity with federal,
state and local laws and regulations or permits, and adversely
affects the public health and safety. (Emphasis added).
Timber Creek Recycling does nothing that is associated with the production of
food commodities. While one of its products might be used for bedding for cows,
this does not constitute a production of food commodities. That would be like
saying a steel plant that produces steel for fence posts that are used to fence
livestock, and therefore, the steel plant is associated with the production of food
commodities. Timber Creek Recycling is an industrial operation that violates
both the former RUT zoning and the current R-4 zoning.
OBJECTION AND PROTEST TO MODIFICATION OF DEVELOPMENT
AGREEMENT H-2018-0042 — Page 8
Timber Creek Recycling certainly is not compatible with residential
development. The January 26, 2016 Agreement recognizes this as paragraph 4.8.3
of that Agreement requires Timber Creek Recycling to cease all recycling
activities within thirty (3 0) days of ... "the City of Meridian granting a Certificate
of Occupancy to any residential or commercial development within 1000 feet of
the grinding machine located on the property." Apparently, the current property
owners that have residences within 1000 feet at this time aren't given the same
consideration. This at best is offensive. It also creates an equal protection of the
law issue under the United States Constitution. Why is the City of Meridian
treating future property owners differently than the current property owners? As
such, Timber Creek Recycling should be immediately ordered to cease all
operations. Its requested Modification to the January 26, 2016 Agreement should
not even be considered. The current neighboring property owners should not have
to be subjected to the noise and pollution of Timber Creek Recycling's current
operations, let alone the noise and pollution that will be caused by Timber Creek
Recycling's requested expansion.
"11
THE CITY OF MERIDIAN HAS A CONFLICT OF INTEREST THAT
PROHIBITS IT FROM GRANTING TIMBER CREEK RECYCLING'S
MODIFICATION REQUEST
It is the understanding of the Browns that the Ada County Landfill
currently, as well as Republic Services, have contracted with Timber Creek
Recycling and its affiliates to provide recycling services. A true and correct copy
OBJECTION AND PROTEST TO MODIFICATION OF DEVELOPMENT
AGREEMENT H-2018-0042 — Page 9
of Ada County's Contract is attached hereto as Exhibit "C." A representative of
Timber Creek Recycling admitted at a neighborhood meeting in March of 2018
that it had presented a business plan to the City of Meridian's Sanitation
Department to handle the City of Meridian's recycling needs. This creates an
untenable conflict of interest as it creates a business relationship with the
Applicant. As such, the City of Meridian must deny Timber Creek Recycling's
application.
CONCLUSION
The City of Meridian violated clear provisions set forth in the Idaho Code
when it entered into the January 26, 2016 Agreement and authorized Timber
Creek Recycling to conduct an industrial operation on land zoned R-4 medium
density residential. Timber Creek Recycling's industrial operation even violated
the previous RUT zoning. Any attempt to consider Timber Creek Recycling's
industrial operation an agricultural activity defies reason and constitutes an insult
to the very purpose for which zoning ordinances are created. It is the city of
Meridian's duty to protect neighboring property owners, current and future.
Therefore, Timber Creek Recycling's Application for Modification of the January
26, 2016 Agreement must be denied and the January 26, 2016 Agreement must be
rescinded.
DATED this % /l July, 2018
day of
Derek A. Pica
Attorney for Craig and Nicole Brown
OBJECTION AND PROTEST TO MODIFICATION OF DEVELOPMENT
AGREEMENT H-2018-0042 — Page 10
CERTIFICATE OF SERVICE
I, the undersigned, certify that on theme day of July, 2018, I caused a
tine and correct copy of the foregoing OBJECTION AND PROTEST TO MODIFICATION
OF DEVELOPMENT AGREEMENT H-2018-0042 to be forwarded with all required
charges prepaid, by the method(s) indicated below, in accordance with the Rules
of Civil Procedure, to the following person(s)
Office of the City Clerk [v]/S. Mail
City of Meridian [ ] Overnight Mail
33 E. Broadway Ave., Suite 104 [] 1jand Delivery
Meridian, ID 83642 [ acsimile (208) 888-4218
cityclerk@meridiancity.org '45mail
r
Derek A. Pica
OBJECTION AND PROTEST TO MODIFICATION OF DEVELOPMENT
AGREEMENT H-2018-0042 — Page I I
C jQ/rE IDIAN
33 E. Broadway Ave., Meridian iD 83642
CITY OF MERIDIAN
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of
Meridian will hold a public headng at Meridian City Hall, 33 E.
Broadway Ave, Meridian, Idaho at 6:00 p.m. on Tuesday,
December 15, 2015 for the purpose of reviewing and considering
the applications H-2015-0019 by City of Meridian, Planning
Division for Annexation and Zoning of 1,322.14 acres of land
with R-4 (1,241.10 acres), R-8 (10.37 acres), R-15 (30.10 acres)
and C -G (40.57 acres) zoning designations for South Meridian
Annexation generally located along Amity Road, east of Linder
Road, west of Eagle Road and north of Columbia Road.
Contact the Community
Development Department at
884-5533 for more
information. Acopy ofthe
application is also available to
view on our website at
www.meridiancity.org
Any and all interested persons
shall be heard at said public
hearing and the public is
welcome and invited to submit
testimony.
Written materials should be
submitted to the City Clerk's
Office at 33 E. Broadway Ave.,
Meridian, Idaho 83642 no later
than 7 days prior to the hearing
date listed on this notification.
*Anyone desiring accommoda-
tion for disabilities related to
the documents and/or hearings
please contact the City Clerk's
Office at (208) 888-4433.*
LEWIS BARNEY & DOROTHY
TRUST
755 W LAKE HAZEL RD
MERIDIAN ID 83642-0000
EXHIBIT rl
(%�E IDIAN
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RE -NOTICE
CITY OF MERIDIAN NOTICE OF HEARIN t
.' # ZIP 83642 000n0 50
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NOTICE IS HEREBY GIVEN that City Council of the CITY of yler!17, � a
02 4Vq
� 0000346067 JUN 4. 2018
hold a public hearing at Meridian City Hall, 33 E. Broadway Ave, Men3t2n.
Idaho at 6:00 p.m. on Tuesday, June 19, 2018 for the purpose of reviewing and
considering the Application H-2018.0042 by Michael Murgoitio for An
BROWN CRAIG P
Amenduteut to the Development Agreement to Include the Following:
Expansion of the Existing Recycling Business To Allow a Commercial Compost-
7524 S LOCUST GROVE RD
ing Component: Recycling of Additional Materials (i.e. Food Waste, Garden
Waste. Demolition Debris, and Other' aterials in the Some Category): Utiiiza-
MERIDIAN ID 83642-7214
tion of Equipment (Le. Loaders, Excavaters. Conveyors. Trnmmels, Hopper
Boxes, Air Systems/Compressors, Generators, W indrower, Crusher, Grinder,
Watering Trucks. Loaders- Graders, Tractors with Implements, Fork Lifts and
Other Heavy Equipment) and Activities (i.e. Crushing- Grindin= Screening,
Windrowing, UnloadfngfUnloading Trucks. etc.) Necessary for Composting:
Modification of the Property to Include a Weather Station, Scale House. Bath-
<
room with a Septic System, Storage Shed (.Approximmely.40' x 8'), Leaching
Ponds and Berms; Parking of Delivery Trucks and Heavy equipment; and
Marketina and Sale of Processed Recycling Materials: Including but not Limited
to. Mulch, Compost Bark. Playground Chips, Sand, Stone, to.. For Timber
Creek. Recycling Located at 7695 Locust Grove Road
Any interested persons vAshing to testify
are welcome to do so at the public
hearing listed on this roafiadon. Orel
testimony may be limited to three (3)
minutes per person. Written testimony
may be submitted prior to the above
hearing date either by mail or in person
-o Meridian City Clerk, 33 E. Broadway
Suite 104, Meridian, Idaho 83642 or by
email to citvclerkrflimendian ay oro
All within testimony and all materials
presented at the hearing shall become
property of the Cry of Meridian and
public records subject to the provisions
of the Idaho Public
Records AcL Applications are subject to
changeltroughoutthe public
hearing process and It is incumbent on
interested persons to monitor such
changes by following the process in
person, online, or by contacting Chy
staff. To view a copy of the oi.al appli-
cation, visit http:11bltly1060618timber
Contact me Community Development
Department at 208-884.5533 for more
Informalon.
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EXMBIT t �7
AGREEMENT NO. 10133-5-17
RENEWAL AGREEMENT BETWEEN ADA COUNTY AND
MM DEMOLITION, LLC FOR WOOD RECYCLING SERVICES 2017-18
THIS RENEWAL AGREEMENT BETWEEN ADA COUNTY AND MM
DEMOLITION, LLC FOR WOOD RECYCLING SERVICES 2017-I8 ("Agreement") will
renew the Agreement Between Ada County and MM Demolition, LLC for Wood Recycling
Services, Agreement No. 10133, and is entered into on this 1Hd"day of GC�L1of r'
2017, by and between MM Demolition, LLC ("Contractor") and Ada County (`'County"), also
hereinafter referred to as "Party" or "Parties".
Through this Agreement, Contractor contracts with County to provide wood recycling
services to the County.
ARTICLE 1— DEFINITIONS
RFP: Ada County's Request for Proposals 13051, Wood Recycling Services for Ada
County, fust published on March 29, 2013.
Proposal: Contractor's response to Request for Proposals 13051, for Wood Recycling
Services for Ada County FY 2013, dated April 22, 2013, and which was publicly opened by the
Ada County Board of County Commissioners on April 24, 2013.
ARTICLE 2 - TERM AND TERMINATION
The term of this Agreement is from October 1, 2017, through September 30, 2018. This
Agreement may be renewed for two (2) additional one (1) year terms, under the same general
terms and conditions contained herein, beginning on October 1" and ending on September 30'h of
each subsequent year, upon written agreement of the Parties hereto. The Parties intend and agree
that it is in the best interests of the Parties that the wood waste removal operations continue
under the same Contractor for a minimum of five (5) years. Accordingly, this Agreement may
not be terminated by either Party, except for good cause, based on a breach of a material tcrm of
this Agreement. Material terms are defined as those terms that relate to the operation of the
wood waste removal and the County's requirements concerning those operations; payment
requirements; and Contractor's duty to maintain favorable relations with the general public. In
the event of a breach of a material term in this Agreement, ten (10) days written notice shall be
provided to the breaching Party. The breaching Party shall be given ten (10) days to cure said
breach. Failure to cure said breach shall give the non -breaching Party the right to terminate this
Agreement by providing written notice of said termination to the breaching Party. Upon
termination of the Agreement, Contractor shall cease all wood waste processing activities and
commence evacuation of the Landfill within seven (7) days.
ARTICLE 3 - DUTIES OF PARTIES
A. Contractor's Duties: Contractor shall provide wood waste removal services to
County, as set forth in Proposal, submitted in response to Ada County's RFP, both of which are
RENEWAL AGREEMENT BETWEEN ADA COUNTY AND MM DEMOLITION, LLC FOR
WOOD RECYCLING SERVICES 2017-18 — PAGE I
EXHIBIT CY
incorporated herein as if set forth in full. All responses contained in Contractor's Proposal
represent the contractual duties of Contractor under this Agreement. Specifically, Contractor
agrees to provide the following wood recycling and related services to County for the duration of
this Agreement:
Contractor will be responsible for all costs associated with its wood
recycling/removal operations, including all labor and equipment. Contractor is
required to provide and maintain on site of any Wood Recycling/Removal Area,
sufficient equipment for the processing, handling, cleanup and removal of wood
products, all as deemed sufficient by the County's Director of Operations
("Director'). All equipment shall be operational and in good working order.
2. Contractor and its employees will have contact with the general public and are
required to show courtesy and respect to the public in a manner that reflects
favorably on County. Director will relay to Contractor any complaints from
members of the public to County about Contractor and/or its employees, and will
expect Contractor to take corrective action to prevent future complaints of a
similar nature.
3. Wood Recycling/Removal Areas are designated by the Director. These Areas
may be required to be moved at no cost to Ada County as the various operations
of the Landfill migrate. County will provide adequate notice to Contractor of any
such move.
4. Contractor shall perform the following duties on a daily basis:
i. Provide staff on site to divert solid waste containing recyclable wood
products to the Contractor's Wood RecyclinglRemoval Area:
ii. Separate the wood products from the diverted solid waste and stockpile for
further processing;
iii. Remove the solid waste from the Wood Recycling/Removal Area and
deposit it in the active Landfill face prior to 6:00 pm;
iv. Remove recycled wood from Landfill, processed or unprocessed;
V. Provide an on-site operations manager.
S. Contractor is required to equip each vehicle or piece of equipment with a fire
extinguisher and shall insure all employees are trained in the operation of such
extinguishers. In the event of a fire in the Wood Recycling/Removal Area.
Contractor shall assist in fighting the fire.
6. Contractor shall develop an on-site safety plan, provide necessary safety
equipment and provide adequate training for its employees.
Any Wood Recycling/Removal Area operations shall be conducted during the
normal hours of Landfill operation. Normal operation is from 7:00 am to 6:00 pm
Monday through Friday and 8:00 am to 6:00 pm Saturday. The Landfill is closed
RENEWAL AGREEMENT BETWEEN ADA COUNTY AND MM DEMOLITION. LLC FOR
WOOD RECYCLING SERVICES 2017-18 — PAGE 2
on New Years Day, Memorial Day, independence Day, Labor Day, Thanksgiving
Day, and Christmas Day of each year. Contractor is required to provide its wood
processingfremoval services on all Landfill operating days.
8. Contractor will provide wood processing onsite at the Landfill ("Wood Product
Processing"), Contractor will be responsible for all machinery, transportation
vehicles, fuels, oils, and materials needed for Wood Product Processing and the
removal of all processed wood, including the costs of providing light to the Wood
Product Processing area, as needed. Air emissions from any machinery used for
Wood Product Processing must comply with current air quality regulations.
9. Contractor shall minimize the area used for stockpiling processed wood and is
expected to pile processed wood as high as practical, depending on the
capabilities of the wood product handling equipment. In no case shall the area
(footprint) occupied by the stockpile exceed 5,000 square feet nor shall the total
volume exceed 1,500 cubic yards. The Director shall approve the shape, location,
and limits of stockpiles. The Director reserves the right to stop the stockpiling
activity until such time as the stockpile volume and area are reduced. In no case
shall the processed yvood be disposed of in the active Landfill face. .
10. Contractor shall minimize the area used for stockpiling preprocessed wood and is
expected to pile preprocessed wood as high as practical, depending on the
capabilities of the wood handling equipment. in no case shall the area (footprint)
occupied by the stockpile exceed 25,000 square feet. The Director shall approve
the shape, location, and limits of such stockpile. The Director also reserves the
right to stop the stockpiling activity until such time as the stockpile volume and
area are reduced.
11. if at any time Contractor decides not to process its stockpile, the preprocessed
wood may, with the written approval of the Director, be disposed of in the active
Landfill face. Contractor shall be responsible for the cost of such disposal.
12. Salvaging by members of the public, Contractors, their officers, agents and/or
employees, or County employees is prohibited at the Landfill- At the County's
discretion, recycling operations and composting may take place away from the
active areas in accordance with a recycling or composting plan, if any, adopted by
the County.
B. Payment Terms: County shall make monthly payments to Contractor for the
wood products that are removed from the Landfill during the preceding month at a rate of $4.98
per cubic yard. Payment shall be based on the actual quantity of wood waste removed, measured
in cubic yards. Processed wood shall be chipped into particles no larger than two (2) inches in
size or a size pre -approved by the Director. Processed wood shall be loaded into a vessel capable
of being measured in cubic yardage and weight so that the actual quantity can be accurately
measured. The Director or his designee shall make measurements and determinations of the
quantity of processed wood. All measurements and weights shall be logged on a verification
RENEWAL AGREEMENT BETWEEN ADA COUNTY AND MM DEMOLITION, LLC FOR
WOOD RECYCLING SERVICES 2017-18 — PAGE 3
form, provided by the County. County utilizes truck scales at the Landfill. Vessels for
transporting processed wood shall be weighed when the vessel arrives at the Landfill (empty)
and shall be weighed as it leaves the Landfill (full).
ARTICLE 4 — GENERAL TERMS
A. The parties herein understand and acknowledge that this agreement and its
attachments are subject to the Idaho Public Records Act (Idaho Code §§ 74-101, el seq.), the
Idaho Open Meetings Act (Idaho Code §§ 74-201, et. seg.), and other applicable federal and state
laws, and may be a public record.
B. Contractor agrees to indemnify, hold harmless and defend Ada County, its
officers, agents and employees from any liability, loss, damage, claim, expense or liability of any
kind, including costs and attorneys fees, which results from the negligence or willful acts or
omissions of Contractor's officers, agents or employees with respect to the obligations outlined
under the terms of this Agreement.
C. Contractor agrees to procure and maintain the insurance contained in Exhibit A of
this Agreement
D. The Parties agree that Contractor is an independent contractor, with no
employment relationship with Ada County
E. Both Parties reserve the sole right to control of the use of their own names and
their symbols, trademarks, or service marks presently existing or hereafter established. This
Agreement does not entitle Contractor to the unauthorized use of names, symbols, trademarks, or
service marks of the other in advertising or promotional materials or otherwise without prior
written consent of County.
ARTICLE 5 — NOTICE
For purposes of this Agreement, any required notices given shall be appropriately
addressed as follows:
Contractor. MM Demolition
c/o Mike Murgoitio
2623 S. Hillis Place
Meridian, ID 83642
Ada County
c/o Director of Operations
200 W. Front Street
Boise, Idaho 83702
ARTICLE 7- ASSIGNMENT
Neither Party may make any assignment of die rights, duties, or obligations of this
Agreement to any other entity without the written consent of the other Party.
RENEWAL AGREEMENT BETWEEN ADA COUNTY AND MM DEMOLITION, LLC FOR
WOOD RECYCLING SERVICES 2017-18 — PAGE 4
7/11/2018
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EXHIBIT �
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