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HomeMy WebLinkAbout2018-11-20 MinutesMeridian City Council November 20, 2018. A Meeting of the Meridian City Council was called to order at 6:35 p.m., Tuesday, November 20, 2018, by President Joe Borton. Members Present: Joe Borton, Luke Cavener, Ty Palmer, Genesis Milam, Anne Little Roberts and Treg Bernt. Members Absent: Mayor Tammy de Weerd. Also present: C.Jay Coles, Bill Nary, Caleb Hood, Josh Beach, Kyle Radek, Jeff Lavey, Charlie Butterfield, Karie Glenn and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Treg Bernt __X___Genesis Milam __X___Lucas Cavener ____ Mayor Tammy de Weerd Borton: Thank you, everybody. Sorry we are a little late starting our -- our general meeting for Tuesday, November 20th, 2018. It's about 6:35. We will begin tonight's regular meeting with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance Borton: Item No. 2 is the Pledge of Allegiance. If you would all rise. (Pledge of Allegiance recited.) Item 3: Community Invocation by Larry Woodard of Ten Mile Christian Church Borton: Tonight's community invocation, will be led by Larry Woodard with the Ten Mile Christian Church. Larry, good to see you. Thanks for joining us tonight. Woodard: We thank you, Lord, for this holiday season. As I drove in tonight I could see the beautiful moon looking down on Meridian and it reminds us that we have come this time of the year to celebrate Thanksgiving and we thank you. We especially thank you for our police and the fact that another felon was subdued without the state policeman being injured is another reason for our thanks tonight. We ask that this holiday season be a safe one, not only for the police, but also for our firemen and for this City Council. As I crafted this prayer this morning I couldn't help but think of many employees who help make our city government hum, from the city clerks, to the planners, to the wastewater folks who turn on the lights and keep us going throughout the day. Soon Meridian City Council Meeting Agenda December 4, 2018 – Page 8 of 445 Meridian City Council November 20, 2018 Page 2 of 74 winter will be upon us. The lights and decorations have started shining on Main Street and this is another reminder that you watch over us also. Watch over us and bless us again as we gather around the table this Thanksgiving for another time of blessing. May we truly be blessed as we honor you that day. In closing I ask you to remember the many homeless people this year that turn to the rescue mission and other agencies and bless them from -- for this time of the year. May they find peace and comfort in Meridian again this year. We thank you for this Council and for the fine work that it continues to do, in Jesus' name, amen. Borton: Thank you, Larry. Woodard: You bet. Item 4: Adoption of Agenda Borton: Item No. 4, adoption of the agenda. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I move we approve the agenda as published. Milam: Second. Borton: It's moved and seconded to adopt the agenda as published. All those in favor say aye. Thank you. MOTION CARRIED: ALL AYES. Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) Borton: Item 5, Future Meeting Topics. Mr. Clerk, anybody signed up? Coles: No signups, Mr. President. Item 6: Proclamation A. Rocky Mountain High School Girls & Boys Soccer - State Champions Borton: That was a quick one. Item No. 6 is a proclamation. Rocky Mountain High School Girls and Boys Soccer State Champions. So, we will come down to the podium and do some proclamations. We are going to start with the girls soccer team. Come on up. Come on up front here. No hiding in the seats. You know, it's a -- it's a good sign for our high school when your proclamations of state championships stack up and pile Meridian City Council Meeting Agenda December 4, 2018 – Page 9 of 445 Meridian City Council November 20, 2018 Page 3 of 74 up. So, we are excited to do this one for Rocky Mountain Girls Soccer Team. Whereas being a Rocky Mountain soccer player is more than scoring goals, making assists, stealing the ball, and achieving a state title. It is training to build leadership, character, confidence, teamwork and resilience, all traits needed to succeed on the field, in the classroom, and in the real world. Whereas for the 2018-2019 season, the Grizzly girls soccer team brought home the second state championship in girls soccer and in school history and whereas the Rocky Mountain girls soccer team never backed down from familiar opponents and took home the Idaho Class 5-A state soccer championship tournament trophy with a victory in a shootout following overtime. And whereas the capturing of the state title builds school spirit and allows these student athletes to walk the halls of Rocky Mountain with a little extra swagger and whereas the leadership, training, and discipline of coaches helped all team members to focus their talents and passions to becoming a winning team, with each player making valuable contributions to their victory. Therefore, I, Joe Borton, on behalf of the Mayor Tammy de Weerd and president of the City Council, do proclaim November 20th, 2018, Rocky Mountain Girls Soccer State Champions Day throughout the City of Meridian and I call upon all the community to join me and the rest of your Council in congratulating the Grizzlies on their remarkable athletic achievement and for representing Meridian so proudly in the state tournament. Congratulations. Kaehler: Thank you. On behalf of Rocky Mountain High School and the girls soccer team I would like to thank the Meridian Council and Mayor de Weerd for this honor and I would like to especially give credit to the girls that participated and brought home the state championship for Rocky Mountain and for the City of Meridian. Thank you very much. Cassidy: My name is Cassidy. I'm a senior and I play center defense or outside D. Oyler: I'm Kelsey Oyler. I'm a sophomore and I play forward. Gieser: I'm Nicole Gieser. I am a junior and I play center back. Wardle: I'm Kasey Wardle, I'm a sophomore and goalkeeper. Wegner: I'm Larisha. I'm a sophomore and I play forward. Jordan: I'm Jordan. I'm a senior and I play forward. Ramon: I'm Kaitlyn Ramon. I'm a senior and I play defense. McGarvey: I'm Bruma McGarvey. I'm a sophomore and I play mid. Andy: I'm Andy. I'm a junior and I play defense. Rickerl: I'm Heather Rickerl. I am a senior and I play center mid. Meridian City Council Meeting Agenda December 4, 2018 – Page 10 of 445 Meridian City Council November 20, 2018 Page 4 of 74 Borton: So, there is probably not a better way to follow up a Rocky Mountain State Championship Proclamation than with a Rocky Mountain State Championship Proclamation. It is my honor to read this proclamation for Rocky Mountain Boys Soccer Team . Whereas being a Rocky Mountain soccer player is more than scoring goals, making assists, stealing the ball and achieving a state title. It, too, is training to build leadership, character, confidence, teamwork and resilience, all traits needed to succeed on the field, in the classroom, and in the real world. Thank you, fellows, for coming forward. Is your coach here? Okay. Good. Whereas Rocky Mountain Grizzly Boys Soccer Team won a regular season, league title, the program's first district crown, the first state title and an academic state championship as well. And whereas through their strong desire to exhibit excellence in all they do, their hard work and effort resulted in an overtime shootout victory to win the Idaho Class 5-A Boys State Soccer Championship Tournament and whereas capturing the state title builds school spirit and allows these student athletes to know that they are champions, something that can never be taken away from them, providing a place in the history of Rocky Mountain High School and whereas the leadership, training and discipline of coaches helped all of these team members to focus their talents and passions to become a winning team, with each player making a valuable contribution to their victory. Therefore, I, Joe Borton, President of the Meridian City Council, on behalf of our Mayor Tammy de Weerd, and the rest of your City Council, do proclaim November 20th, 2018, as Rocky Mountain Boys Soccer State Championship -- Champions Day in the City of Meridian and we call upon our entire community to join all of us in congratulating these fine Grizzlies on their remarkable athletic achievement and for representing Meridian so proudly in the state tournament. Congratulations. Taylor: So, I'm Bill Taylor. I'm the one that's fortunate enough to be able to coach these guys. I want to thank the City Council and Mayor de Weerd for acknowledging the hard work that these guys have put in this year and over the years as most of them are seniors. We had 15 seniors on the team this year, so -- I think we only have two guys who are -- two guys here that aren't seniors, but really appreciate this honor and thank you very much for that. Gavin: I'm Gavin. I'm a senior and I play midfield. Brandon: I'm Brandon. I'm a senior. I play midfield. Christian: I'm Christian. I'm a senior and I played midfield. Also player of the year. Keegan: I'm Keegan. I'm a sophomore and I play outside left. Peter: I'm Peter. I'm a freshman and I play center mid. Pablo: I'm number seven. Senior. And midfield. Brogan: All right. I'm Brogan. I'm a junior and I play center back. Meridian City Council Meeting Agenda December 4, 2018 – Page 11 of 445 Meridian City Council November 20, 2018 Page 5 of 74 Item 7: Consent Agenda [Action Item] A. Approve Minutes of November 7, 2018 City Council Regular Meeting B. Temporary Construction Easement with Christopher and Janice Hendry of 1052 East Sicily Street for the Replacement of a Sewer Service. C. Irrigation Crossing Agreement with the Bureau Of Reclamation at The Sundell Lateral for The South Linder Sewer Trunk Extension. D. Final Plat for Jump Creek No. 3 (H-2018-0113) by Trilogy Idaho, Located on the NW corner of N. Black Cat Rd. and W. McMillan Rd. E. Final Plat for Gondola View Subdivision (H-2018-0116) by West Ada School District No. 2, Located East of. N. Black Cat Rd on the North side of W. Gondola Dr. F. Final Order for TM Crossing No. 3 (H-2018-0114) by SCS Brighton, LLC , Located at the NE corner of I-84 and S . Ten Mile Rd. G. Findings of Fact, Conclusions of Law for Burlingame Subdivision H-2018-0079) by Yuriy Mukha, Located near the NW corner of W. Cherry Ln. and N. Black Cat Rd. H. Findings of Fact, Conclusions of Law for Westbridge Subdivision H-2018-0088) by Jane Suggs, Located at 5745 and 5865 N. Black Cat Rd. I. Development Agreement for Whitecliff Estates Subdivision (H2018-0074) with 943 W. McMillan Road LLC (Owner) and 4345 Linder Road, LLC (Developer) located at 943 W. McMillan Road in the NW 1/4 of Section 36, Township 4N., Range 1W. J. Addendum to Development Agreement for Calderwood Business Park MDA (H2018-0103) with GGR, LLC (Owner/Developer) original DA recorded on May 20, 2015 Instrument No.2015-043235 K. Approval of Contract Amendment No. 9 with EideBailly for Meridian City Council Meeting Agenda December 4, 2018 – Page 12 of 445 Meridian City Council November 20, 2018 Page 6 of 74 Financial Audit Services FY2018 for the Not-to-Exceed amount of 52,300.00. L. AP Invoices for Payment 11/15/18 - $25,481.63 M. AP Invoices for Payment 11/21/18 - $3,125,091.98 Borton: Thank you, C.Jay, for doing that. Item No. 7, the Consent Agenda. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I don't see any changes or additions or removals of the Consent Agenda, so I move we approve the Consent Agenda as published, for the Council President to sign and the Clerk to attest. Milam: Second. Borton: It's been moved and seconded to approve the Consent Agenda as published. Mr. Clerk, will you, please, all roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. MOTION CARRIED: ALL AYES. Item 8: Items Moved From The Consent Agenda [Action Item] Borton: Item No. 8. There were no items that were moved from the Consent Agenda. Item 9: Action Items A. Continued from November 7, 2018: Request to Provide Water and Sewer Service to Un-annexed Property at 5233 W. Franklin Rd. Borton: Brings us to tonight's Action Items. First item 9-A is a continued hearing from November 7, 2018. It is a request to continue it, perhaps, Caleb, you might open this one off with an explanation. Hood: Sure, Mr. President, Members of the Council. The applicant's representative Becky McKay is here today, but the applicant, the owner of Butte Fence, is actually out of state right now and has requested some additional time to -- I believe the date is December 11 to bring this back before you. That will give us a little bit of time to work together. I know Legal staff this last week did work on a draft agreement for providing Meridian City Council Meeting Agenda December 4, 2018 – Page 13 of 445 Meridian City Council November 20, 2018 Page 7 of 74 water and sewer hookups, but we are hoping to get some updated plans that address some of the concerns related to design and land use, just to make sure we are on the same page with what they are proposing out there is in general conformance with the Comprehensive Plan and some of our codes. So, they are out of town right now is the short answer. So, December 11 th is the request. Borton: Okay. No concern from staff in making that continuance? Hood: No. And, in fact, that's -- we support that. So, again, it gives us some additional time to make sure all the T's are crossed and I's are dotted. Borton: So, December 11th is a workshop. Is that the intent to put it on a workshop or -- Hood: I guess that's your discretion. That's -- that's the date that the applicant -- or the requestor provided to us. So, it -- it's not a public hearing, so you could potentially do it at a workshop, but if the 11th is full or you want to do it another date, that's -- Borton: Council, what's your pleasure? Cavener: Mr. President. I don't have any issues with us having it on a workshop, because there is no public hearing. If the applicant's okay to take a break from their work day to come be in front of us, I'm supportive of that. So, Mr. President, unless there is any opposition, I would move that we continue Item 9-A to December 11th, 2018. Milam: Second. Borton: It's been moved and seconded to continue Item 9-A to December 11th, 2018. All those in favor say aye. Motion passes. December 11th it is. Thanks, Caleb. MOTION CARRIED: ALL AYES. B. Public Hearing Continued from November 7, 2018 for Timber Creek Recycling (H-2018-0042) by Michael Murgoitio, Located at 7695 S . Locust Grove Rd. 1. Request: For the sole purpose of reviewing and considering conditions of approval in the matter of the request for a Modification to the Development Agreement Borton: Item No. 9-B is a continued public hearing also from November 7th. This is for H-2018-0042 by Michael Murgoitio and there was conditions that were being drafted. I think, Mr. Nary, we might have you kick this off. Meridian City Council Meeting Agenda December 4, 2018 – Page 14 of 445 Meridian City Council November 20, 2018 Page 8 of 74 Nary: Thank you, Mr. President, Members of the Council. You have in your packets and up on the screen are the DA conditions that we discussed a couple of weeks ago with some modifications based upon the discussions with the applicant, with some of the Council's discussions in the hearings, as well as some of the public. I can walk you through each of them. Again, most of them are similar to what you saw two weeks ago with, again, a few additions that are in red. So, in the first one there has been a lot of discussion on both sides in regards to the time period of this activity that it could occur. So, now the condition that's proposed would put a ten year window for the initial period of operation. The City Council in ten years could, then, re-hear it, reconsider whether the activity could continue, whether we complete it at that point and set an end date or set another date in the future to review it again. So, it at least created some structure of time period to this activity. Number two, the only thing -- and this is my error. It says modify provision 5.2. What you saw two weeks ago was some modification to this. The applicant said really this provision -- the modifications that were proposed two weeks ago dealt with screening of the property with vegetation and landscaping. That's not what this section is about. So, this section doesn't need to be modified at all. So, that modification could be stricken and this is the language that's currently in the existing development agreement. The next one 5.4 and the composting. Again, the discussion previously was that this is already contained in the city code and that the applicant had requested it simply remain as a city code enforcement issue. What was discussed two weeks ago was if we leave it with this language it allows the code enforcement to deal with any concerns or issues or complaints that come up, but also the Council has the authority, through the development agreement, to enforce it as well. So, it gives the city more options and ability to enforce violations or concerns that get addressed and at the time it felt like that was a better avenue for the city to have. The same thing in number four. Same idea. It's already contained in the city code, but also it gives the DA as well as another tool for the city to use as enforcement to make sure that compliance is being done. Number 5. There was a lot of discussion about these other agencies' requirements and there was a lot of conversation on whether or not we were enforcing the requirements or interpreting other agencies' requirements. That's not the intent of this section. What is -- what is intended here is that if this activity becomes out of compliance with any of these other agencies that have oversight authority, whether it be DEQ, EPA , Air Quality Board, Department of Water Resources, that a violation of their requirements can be a violation of this development agreement as well. So, again, it gives the city more ability to make sure that the activity that's being done is in compliance with both our codes, as well as other regulations that are relevant to this operation. Number six. This is one, again, we were talking about the -- the manner of installing the -- some of the screening and landscaping around this particular area and so, again, this is trying to make sure that we have actual landscaping around the recycling area that's being done here, so that way we do have some screening from the adjoining properties. That was the basis of that language here in number six. And, again, it also -- part of the question or issue that came up was when does this have to be done. It does have to -- what's intended is it has to be installed prior to the beginning of the tier two level of recycling, but recognize in all of installations when we have these on any one, obviously, they don't immediately occur, but what we are trying to get at is make sure that we were having, you know, an actual installed buffer being done before Meridian City Council Meeting Agenda December 4, 2018 – Page 15 of 445 Meridian City Council November 20, 2018 Page 9 of 74 this starts to the next level. Number seven was a lot of conversation about both the dustless material and where it should be the most appropriate. That's what 6.5.6 is about, where the dustless material needs to be around the recycle area and the retail area of this facility. The other stuff that was originally going to be deleted, because it felt that we were going to have paved area, then, we wouldn't need all of that. Most of the discussion about the water was related not just to dust abatement, but also to fire suppression. So, we left that part in so there was still a requirement for the water abatement, as well as fire suppression and that there are alternative ways of, again, creating a dustless surface with a variety of different types of treatments that don't all require paving, but do create a less dusty environment. Number eight, again because it's now captured in number one, number eight isn't necessary anymore. This was the sunset provision, changing some of the language in that one. The pond. There was a lot of conversation that most of the pond here is runoff, it's not intended as a standing water pond. It still does require under our UDC to make sure that it doesn't remain as a mosquito breeding area, but it can be abated through drainage, through other means, through evaporation, it doesn't always have to be -- you know, again, you want to treat ponds with aeriation when they are standing 24/7 throughout the year. That's not the intent here, it just -- again, our code requires at least you make sure they don't become a mosquito breeding area. The next area was about equipment and there were some mix up between equipment regarding vehicles versus equipment and there was a lot of discussion on the prohibition as it was currently drafted two weeks ago may have been interpreted to prohibit any types of vehicles on the property. That clearly wasn't the intent of the city. It was trying to narrow the focus to, again, this is equipment related to the recycling in the recycling area of the property and, again, not within abutting residential districts of the city. The next area. This one -- again, part of this solid waste provision is already in our code, so there are things that may be applicable to the site, but also some of the material that is used for recycling is related to this type of material, so it's not trying to -- it's trying to make sure we don't mix up the two, because, obviously, some of the material that you would create to create composting can be considered waste in other context. So, obviously, we are going to regulate the activity on there and not prohibit it from -- through another code section. One of the questions in number -- the next provision, number 12, the -- clearly burning and incinerating is not going to be allowed. One of the issues that came up on burying them. Is it -- again, you're talking about composting material, which you, then, apply to the ground. So, we didn't necessarily want to prohibit that activity, but we did -- what this area of their code deals with is burying garbage and we are not talking about garbage. We are talking about compost. So, we wanted to try to separate those two concepts from that. And, then, number 13 was captured in the previous number -- I think it's five. Yeah. Number five. So, number 13 there was captured in number five. So, it was repetitive. So, we took that out. All the other requirements below, again, in this note were required in number five. So, again, they seemed repetitive. So, I did prepare this, send this to the applicant. They are in agreement with all of these conditions. Again, this is all -- or tonight for the public that's here as well was to discuss these conditions only. If the Council wants to modify these conditions you certainly can. If you want to add more, delete more, whatever you wish to do and, then, our expectation, once we have finality on the conditions, is, then, we will bring back a final document that has all the findings of Meridian City Council Meeting Agenda December 4, 2018 – Page 16 of 445 Meridian City Council November 20, 2018 Page 10 of 74 facts, conclusions of law, conditions all contained in one document for approval at a future meeting. So, is there questions? Borton: Thank you, Mr. Nary. Council, any questions of Legal? Bernt: Mr. President? Borton: Mr. Bernt. Bernt: The -- the only -- the only question that I had -- I think it all looks great, but it's the same quasi concern that I had at the last meeting was in number four when it spoke about -- if you can go to number four. I think there is a -- there is a sentence in there that's somewhat redundant. It says recycled materials, comma, both before and after processing, comma, may be stored on the recycling property and I think there should be a period there, because -- and on the balance of the property and so I think that and the balance of the property can be somewhat confusing as -- you know, as it relates to all of the property that exists in that area. So, if -- they are covered right where it says on the recycling property. If that's all they are wanting -- if that's the property we are talking about, then, there shouldn't be a need for a balance of anything else. I just think that causes a little bit of confusion. Nary: Mr. President, Members of the Council, Council Member Bernt, probably the one provision of that that we may want to capture separately is after processing, because after you process the material and now you have created compost, you're going to use it on other portions of your property. You don't want it all stored in one location for dissemination if you are going to use it. So, we -- I mean in the application can clarify that, because that's fine. That was my understanding from the discussion. So, we may want to separate the prior to post recycling as to where it can be stored on the property. Maybe that's the -- Bernt: I -- and I don't have any problem with Mr. Murgoitio using, you know, his compost to use on -- you know, with his farming at all. I mean I think that's completely -- that's what they have been doing for years and years and years and I don't -- I don't think that there is anyone in this room that has any issue with that at all. It's just the storage of it outside the bounds of what -- what we are talking about. I just think that's just a hair confusing. So, if we can fix that nothing -- other than that I think we are -- I think we are good. Borton: Council, any other questions before we start the public hearing. No? Chief Lavey? Chief Butterfield, anything you have to add at this point? Just giving you a shot. Lavey: You don't want to hear from me. Borton: Okay. Meridian City Council Meeting Agenda December 4, 2018 – Page 17 of 445 Meridian City Council November 20, 2018 Page 11 of 74 Lavey: I have nothing to add. Borton: Okay. We appreciate your brevity. Okay. anything from fire? Okay. Well, we will begin the public hearing with signups. Mr. Clerk. Oh, the applicant. Good Lord. Would the applicant please come forward. Thanks for being here tonight. Appreciate it. Cranny: Council Members, thank you for having us again tonight. It's a pleasure to be before you. At the onset I want to say thank you for your time. I'm glad we could come back for you with these conditions. We worked with staff and we came to middle ground very readily. I mean we combined the two conditions and it took us a matter of e-mails. I mean we were that close. So, we, you know, unfortunately, couldn't reach that point before the last Council meeting, but we are glad you gave us the time to finalize that and get back together. Council Member Bernt, on your point, yes, we did talk last week -- or last Council meeting to two weeks ago about the -- where to store it and Timber Creek is in agreement that the pre-processed material will not be stored outside of the recycling property. That was your concern; correct? Bernt: That's it. Cranny: That's it. Timber Creek is fully in agreement with that and if we need to tweak the language of the conditions to reflect that we will tweak it. We are happy with that condition. Outside of that we have reviewed -- or Timber Creek has reviewed and approved the conditions with that minor tweak and is looking forward to proceeding. One other issue Timber Creek asked me to bring up tonight. Timber Creek recently had code enforcement out at his property. A complaint was filed that there are leaves that are being stacked outside of the recycling -- recycling property. These leaves are not intended to be processed commercially, they will be ground up and applied to the soil. These are pure agricultural use. So, we are to navigate the fine line we differentiated last time. So, these will be processed and be used as soil amendment, nothing more. They won't be composted. They won't be processed outside or sold. These are just going to be ground up and put in soil for soil amendment. So, just want to catch that, because we do recognize that was a big concern at the last meeting and I want to reflect that we are -- Timber Creek is complying with that intent and is moving ahead with that intent and with that we are looking forward to moving ahead. Any questions? Borton: Council, any questions? I have one brief one. Cranny: Yes. Borton: On that Section 4.8 with regards to the ten years, do you read it as at the end of the ten years that the use stops unless action is taken to continue, as opposed to action being taken to cease the use? Cranny: I interpret it to mean we come to you and you tell us what happens. Meridian City Council Meeting Agenda December 4, 2018 – Page 18 of 445 Meridian City Council November 20, 2018 Page 12 of 74 Borton: And absent of that the use would end. It would expire automatically? That's how I read it. Cranny: I -- I haven't -- I haven't considered it in that light, but if that's what Council wants, we are happy with that. Borton: Okay. And the reason I ask is just for that clarity when we are not around here if that -- Cranny: You don't want to have us delinquent and, then, it falls through the cracks. We understand. We want to make sure this -- everyone's happy and that you're happy with that. So, if we need to make a small tweak to that language to make it reflect that, we are amenable to that change. Borton: Okay. Thank you. Mr. Nary, any questions, concerns with that? Nary: No. We can make that change. Borton: Okay. Cranny: I mean let's make it abundantly clear. That's great. Borton: Perfect. Thank you. Cranny: Thank you very much. Borton: Mr. Clerk. Coles: Thank you, Mr. President. The first Vicki Reynolds. Invite her to the podium. Borton: Thank you, Vicki, for being here tonight. Reynolds: Good evening. My name is Vicki Reynolds. I am residing at 7838 South Tranquility Lane, Meridian, Idaho. The -- my property backs up onto the pastures of Mr. Murgoitio and I, too, have the exact same questions as Councilman Bernt. My major concern tonight is that section four. It says on the balance of the property, which is the property right next to my house and impacts the value of my house if it's allowed to continue on to that. As to the leaves that he's just referred to a moment ago, I believe there is pictures somewhere, if you can put that up for me. You wil l have to rotate it. Sorry. Don't you just love it. It doesn't want to let you rotate it, does it? Okay. I will tell you -- yeah. Look at it a little bit like this if you went, please, and you can see these leaves and the other material up there. It's in the same line as the recycling material. Here are the trucks dumping it. I want to encourage you to follow up with Councilman Bernt's concerns and to make sure that it's very clear where that recycling is taking place and where the farming is taking place. This -- he says is the farming recycling -- or not recycling, but it's not real clear in this document how we tell that and that is very Meridian City Council Meeting Agenda December 4, 2018 – Page 19 of 445 Meridian City Council November 20, 2018 Page 13 of 74 disturbing at this point. Moving on to the section that has the landscaping information on it. I think it's section six'ish. Last week or two weeks ago we talked about the area that he would be building the berms and that sort of thing and I did notice that -- I can't quite tell and so I would ask you -- staff, whoever, to look at that and make sure that as you're looking west, as well as on Locust Grove and on this edge of his property there on Columbia, that we also have that west berm covered, again, because of that very picture I just showed you as you're coming up -- as I'm trying to sell my house that's what they are going to look at. And, then, let's see, on the very last page where it talks about the equipment and that they were afraid it would impact their farming because of some of the wording in this, I would ask that a lot of it be left in, because I think that's exactly what we are trying to do is to control some of that -- or at least be able to minimize any impact. I think that would be everything that I have for tonight. If you have any questions. Borton: Thank you, Vicki. Council, any questions? Cavener: Mr. President? Borton: Mr. Cavener. Cavener: Vicki, your first point about trying to deviate or separate recycling materials versus what's going to be used on the property -- Reynolds: Uh-huh. Cavener: -- in your mind what -- what does that look like to you? What -- what is it that you would like to see? Reynolds: Okay. The materials that he's used in the past in last spring and all summer long he was putting amendment -- amendment on that pasture land, if you want to bring up that -- the bigger picture of the property -- the map of the property. Okay. You need to pull it to the west to see my property. Yeah. Move it over a little bit. Okay. The area here that is his recycling area, then over here all summer he's been putting amendment on it and it looks like manure. It smells like manure. It's farming amendment to his property. Go for it. What he has on there right now that was in that picture that I just showed you is raw leaves is what's being readied to process to make the compost. So, to me he is outside of his boundaries with the raw materials, because the leaves are what his raw materials are made of to -- to make the compost. Do you see where I'm going? Cavener: Mr. President? Borton: Mr. Cavener. Meridian City Council Meeting Agenda December 4, 2018 – Page 20 of 445 Meridian City Council November 20, 2018 Page 14 of 74 Cavener: Vicki, I'm sorry, I don't. If -- if he -- if he's going to ground up the leaves and use them on his land, then, isn't that what he's using for his property and wouldn't that be acceptable? Reynolds: Once -- once it's ground go for it. But my fear is that he is beginning to put raw materials into the area of the pivot line, instead of what is considered processed amending materials. Did that help? Cavener: It does. Mr. President. I'm not confused as to that particular piece. I guess I'm -- what I was hoping to get from you as from your perspective what you would like to see done to be able to -- for you to have confidence that those -- that they're going to be separated. Reynolds: Okay. In this amended DA I would like it to say very clearly the difference between the recycling property and the farming property and the thing is that we keep coming back to this -- well, I'm going to be using it on my farming property. Well, maybe the way to deal with this -- and I'm just throwing this out here -- is everywhere it says property in here it needs to say recycling property. He needs to keep all this stuff on his recycling property. There is a couple places -- like in number four that Councilman Bernt pointed out where it says -- and the rest of the property, which could be interpreted to be on his farming property. Cavener: Okay. Thank you. I appreciate that. Coles: Kathleen Britt. Borton: Thanks for being here tonight. Britt: Thank you. Borton: If you could start with your name and your address, please. Britt: My name is Kathleen Britt and I live at 8250 South Jardine Lane in Meridian. Zip code 83642. So, I found myself in a quandary tonight signing up for whether I'm for or against, so let me state my position. I'm for provisions to the extent that they move us towards the required CUP to provide protections and I'm against anything that falls short of that. I feel like here we all are again -- yet again tonight for another hearing to consider yet another set of new conditions and provisions. We keep showing up, everyone keeps talking, we keep on taking apparently endless runs at indefinite set of options seemingly before us for some goal that seems to have been lost sight of. Regarding the new conditions and provisions for tonight, let me say they still do not bear any resemblance to your Comprehensive Plan. They are still not in compliance with the city's code, zoning ordinances, and Idaho laws. The Council continues to ask for its own experts to make recommendations and, then, continues to disregard those and ditto for the public input. So, I guess I'm curious as to what is the goal. Even more importantly why wouldn't -- why wouldn't the city follow the legal path to accomplish that Meridian City Council Meeting Agenda December 4, 2018 – Page 21 of 445 Meridian City Council November 20, 2018 Page 15 of 74 goal -- if you want to put this dump in place and you want to manage all that's going to follow, why would you not at least take the path that provides the most protections for everyone involved and that path is the path of a CUP. Why are you insisting on trying to write your own? So, I intend personally to support any and all steps to get a court to look at this entire process. I will skip my next sentence. If you're going to persist until -- that such time, then, tonight I'm standing for a CUP that will put correct provisions, conditions, protections and enforcement's in place. I do apologize. I don't know if voting is still ongoing -- I believe it is, but I would like to go on record also to state that there still have been no disclosures regarding ex-parte relationships and conflict of interest by the City Council members. It's my opinion that there are members sitting on the Council tonight that have been less than transparent and even misleading and even when directly asked. Furthermore, the question still holds for Mr. Cavener regarding his earlier statements that he had received contributions and apparently on the advice of counsel he's refusing to provide details on that. I think his counsel is here tonight. So, I would like to have it be on record that -- that those questions are still being raised again. Thank you. Palmer: Mr. President? Borton: Mr. Palmer. Palmer: I mean multiple times this has been brought up, but I'm more than -- I mean my name was brought up last time, Councilman Cavener tonight. I don't know any of us who are hiding any information. I'm happy to answer any kind of question about any ex- parte accusations that there may be out there. We are accused of being silent on them, but I'm asking for what am I accused of, so that I can tell you what happened. Yeah. Do you have something about me that I can answer? And, then, maybe anybody else. Britt: I -- I think -- I could be mistaken with due respect and trust issues -- I think the duty to disclose is on you guys. It's not on us to bring them up to you. The issues that we are aware of have been ongoing, they have been repetitive and we found them fairly memorable. So, I don't think it would be an, oh, gosh, that little detail just slipped my mind. So, respectfully, I think that ball is in your court. I just -- I'm bringing it up not so much to discuss it, because I want it on record. So, that's -- I didn't -- I didn't come prepared, so I'm not going to wing it with regards to what those are, but I do want it on record that -- that nothing else has been brought up about that. So, that was my goal. Palmer: Mr. President? Borton: Mr. Palmer. Palmer: And I agree, if there was any kind of a conflict that we should absolutely bring it up and I believe that we haven't brought any up because there are no conflicts. The only one that had been brought up was somebody said that I was Facebook friends with Mr. Murgoitio. I -- I ran into him once at a birthday party and I'm Facebook friends with hundreds of people in the city that I have never met before, but if there is any other Meridian City Council Meeting Agenda December 4, 2018 – Page 22 of 445 Meridian City Council November 20, 2018 Page 16 of 74 specifics -- I mean you're saying you're not prepared for it, you said they are memorable -- Britt: Well, it's not my duty -- it's not my duty, Mr. Palmer. It's your duty. It's your duty to disclose. Palmer: Are you -- Britt: Not you personally, it's you -- every member that's sitting up there, it's your duty to disclose. It's not my duty to bring it up. Palmer: Mr. President? Borton: Mr. Palmer. Britt: So, if you have a clear conscience, then, you probably don't. Palmer: Ma'am, I'm happy to tell you that I have had no ex-parte communications or relationship or business or contributions or anything that has anything to do with this application or the applicant. Is that satisfactory to yourself? Britt: I appreciate your comment for the record. Thank you. Palmer: Thank you. Britt: Okay. Anybody else? Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I think at the first public hearing this concern, Mrs. Britt, was -- was raised about who we know and -- and I was quick to say that I consider Mr. Murgoitio a friend and I think that he may very well consider me a friend as well. I think that, again, I'm happy to say here since this project began, aside from bumping into Mr. Murgoitio at a fundraiser to say, hi, it's nice to see you, we don't think we have had any communication. I rarely speak for this body, because I think it's important that we each speak for ourselves, but I do feel really confident that we believe in the process and doing what's right for all of our citizens and our public gains nothing by trying to be sneaky or try and pull the wool over the public's eyes. Again, we are -- we are citizens. Britt: Can you provide the details about the contribution that you referenced earlier? Cavener: So -- Britt: Who made it, how much, when, and under what name? Meridian City Council Meeting Agenda December 4, 2018 – Page 23 of 445 Meridian City Council November 20, 2018 Page 17 of 74 Cavener: So, again, all of -- all of my campaign finances is all on -- again, we as councilmen, we are all required to provide those forms and so -- Britt: You indicated -- I'm just trying to explain you indicated -- Borton: Hold on one sec. One sec. Britt: Okay. Borton: I don't mean to cut you off. Britt: Okay. Borton: But you can finish your statement then -- we don't talk over each other. Britt: Okay. Borton: Thank you. Britt: Fair enough. Cavener: So, all -- all -- the way an election works -- and there is different reporting periods where you have to provide an accounting of all of the donations that you have received. I believe over 50 dollars. Nary: Yes. Cavener: So, we report all of that and what's great about the way Idaho elections are, is that's all available to the public before election day and then -- and there is a reporting period afterwards where you provide all of the information to our city clerk and -- correct. In an annual report. So, all of that information is -- is on the website and so, again, Mrs. Britt, you're welcome to pull up all of our campaign disclosures at any point in time. I don't have any -- anything to hide about, because, again, I think we all try to be at the forefront with this and we -- we gain nothing by trying to skirt the law. Nobody's trying to do that. We are trying to provide all of that information to the public. So, I don't think at any point in time I have said I'm not going to tell you. You -- you said I have been advised by counsel. I don't think I have had any conversations with legal. The only scenario that comes to mind is there was somebody who was somewhat aggressive in messaging me on a Facebook message, saying I need to do all these things for them after I initially was providing them information, when it was clear they weren't wanting to have a discussion, but were wanting to needle and I think what the kids called trolling me online and I wasn't in the interest of having an argument online with somebody. I'm always happy to have a very respectful conversation, a neighborly conversation with anyone who wants to reach out to me. Again, everybody up here knows -- and many people here in the audience knows I share my personal cell phone number everywhere I turn. If you e-mail me I respond in kind with my cell phone number, because I want to have the conversation with you, but I'm not going to allow people to denigrate the Meridian City Council Meeting Agenda December 4, 2018 – Page 24 of 445 Meridian City Council November 20, 2018 Page 18 of 74 Council or question my integrity without willingness to provide any information and so Council Member Palmer I think very respectfully asked if there is something that -- that you or any of this body thinks that we have done, again, I think we owe it to the public to not hide behind the shadows and say this is what we think the Council has done and -- and -- and I say that, that if I have committed an ethics issue or a crime, I want to be held accountable for it. Britt: Okay. Is it my turn yet? Nary: Mr. President? Borton: Mr. Nary. Nary: Mr. President. Maybe I can help answer at least some of the questions you raise, ma'am. The law requires, as Councilman Cavener just stated, reporting of all -- of all donations -- all in kind donations, all cash donations of any kind that any elected official receives. That's where the reporting -- it's not reported at a council meeting, it's not reported in other places, that's where we report it. It goes to the Secretary of State. That's what the law requires. It doesn't require another reporting of it in a future time. It only requires that you report it there. Now, many of these Council Members have reported in addition to that, but that's the legal notice that is required that they have done. Not reporting it again isn't a violation of anything. Receiving campaign donations does not prohibit an elected official -- any elected official from hearing of matter before them by a person who may have provided a donation, because, again, the law presumes they have reported it, they have put it on the record. If the individual believes because of that relationship that they cannot be fair and cannot hear both sides of the issue, it is up to them individually to make that decision. But the law does not prohibit anyone from receiving a campaign donation and, then, hearing a matter before them by an applicant who may have provided a donation to them and rendering a decision. So, none of those things are ethics violations and none of those things are reporting violations. So, I wanted to make that clear, because that's the inference that you left, whether that was your intention or not, and those are simply not true. Britt: Okay. So, I would just like to clarify that the reason I'm raising the issue is this question was asked of the Council regarding relationships and contributions a couple of hearings ago. The answer was not given at that time, it was given after public testimony was closed, so there were no questions and Mr. Cavener revealed that he had received a contribution from the Murgoitios. I contacted the city clerk for the public records information and there wasn't anything on there from the Murgoitios. So, I'm simply wanting to know what was the donation that Mr. Cavener was referring to and, Mr. Cavener, at the city clerk's recommendation, I followed up with an e-mail to you. It was not on Facebook. It was an e-mail. It was not aggressive -- Cavener: Okay. Meridian City Council Meeting Agenda December 4, 2018 – Page 25 of 445 Meridian City Council November 20, 2018 Page 19 of 74 Britt: -- in my opinion, it was simply asking you for the details about the contribution that you brought up. So, appropriate or not, we weren't allowed the opportunity, because you guys disclosed after public testimony was closed. So, I -- you can answer it or not, I want it on the public record. That's what my goal was. So -- and you did, by the way, respond to me with the response that on the advice of counsel you are not going to respond to it, because it was an ongoing hearing related to this dump, which I also have a hard time understanding that connection, but that is what you told me. So, that's -- that's -- I'm not intending to have an argument here, I simply want it on public record. If there is something else you want to say or ask me -- and I appreciate the education, but that's -- that's what I'm trying to do. That's all. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I don't know if there was -- there was a question in there, but, again, all -- one hundred percent of all of my campaign donations are on the city website available for all the public to see. Again, I volunteered that in the meeting because we were asked. I didn't have to, but you asked and I thought that it was worth it and it -- it sounds like that you and I had an e-mail correspondence and maybe I'm confusing you with another person who was very aggressive in an e-mail. I take it upon myself to respond to every message that I receive and so that sometimes is in the hundreds. When there is a large development that is sometimes in the thousands and so you will have to apologize if I'm confusing you with somebody else or confusing it with -- with another piece of correspondence that we received. Britt: Well, then, given the opportunity -- Cavener: And I responded -- if -- if I'm remembering our conversation correctly, I believe -- I think that you were trying to reach out to the county clerks on this. I mean I think your information that you were providing to me wasn't necessarily accurate and I was trying to work really, really hard to provide some clarification to you and without having the e-mail in front of me it's hard to refer to that, but, again, every -- a hundred percent of my campaign contributions, as well as all my expenses, are on the city website for people to review. So, I stand by what I said then. I stand by what I have said now is that I reported a hundred percent of my contributions and I wouldn't have volunteered that when I didn't have to if it wasn't accurate. Britt: Would you be able to understand why we're confused, since you said you got one from the Murgoitios and there is nothing under the name of Murgoitio on there? Would you understand why we would have a question about that? Or would you be able to provide that information after you look back at it? Borton: So, maybe I can -- there is a lot of the same thing being said. I understand -- I understand the response, but -- but for the sake of moving the public hearing along, any -- any contribution that Mr. Cavener has received is on the public record -- Meridian City Council Meeting Agenda December 4, 2018 – Page 26 of 445 Meridian City Council November 20, 2018 Page 20 of 74 Britt: Okay. Borton: -- already as today. Britt: All right. Thank you. Cavener: Thanks. Borton: Thank you. Mr. Bernt. Bernt: Just -- just to respond as well. I haven't -- I haven't responded at all to a couple weeks ago in regard to the ex-parte situation. I don't have any ex-parte -- wasn't involved at all in the ex-parte situation, any conversation with the Murgoitios at all. I do respect why that isn't -- it's very important as relates to land use and public hearings and so just wanted to make that -- with respect your -- your question and on the public record, just to say that I haven't been involved with that at all. One last thing, though -- and I have said it a lot and I echo what Mr. Cavener said, anytime anyone wants to get a hold of me -- cell phone 208-409-7400. Feel free to call me anytime. My e-mail address is tburnt@meridiancity.org. Feel free to e-mail me anytime. I -- I believe in full transparency at all times and I appreciate the public wanting that transparency as well. I expect that of my public, you know, elected officials as well. So, feel free anytime, anyplace. If you want to meet for coffee or lunch or whatever, would love to do so. Borton: Thank you, Mr. Bernt. Any other -- I have had no communications either. Nothing ex-parte, so -- any other comments? Little Roberts: Mr. President? Borton: Yes. Little Roberts: While we are at it, I am -- I am Facebook friends with several Murgoitio family, but, yes, I have had no ex-parte conversations or any type of communication directly. Milam: Mr. President? Borton: Mrs. Milam. Milam: I guess we are doing this again. I thought we did this a couple weeks ago. I am Facebook friends with Mike Murgoitio and I have not had any ex-parte communications. I have known him through work at the city. I have been out there to tour the facility, but prior to this ever being an issue. I think that all of us over disclose on a regular basis and it's -- yeah, being told that we are lying if any -- without any basis to go on is a little hurtful. So, we disclose and we don't even need to and -- and -- or withdraw. So -- anyway. Meridian City Council Meeting Agenda December 4, 2018 – Page 27 of 445 Meridian City Council November 20, 2018 Page 21 of 74 Cavener: Mr. President? Borton: Mr. Cavener. Cavener: Just one additional comment. City Council is a two way street; right? The public elects us. We serve at their pleasure and it's natural for members of the media here to be a watchdog, to pay attention to the Council -- what the Council is doing in case you're not here on a weekly basis and -- and, honestly, I appreciate a skeptical public. Hold us accountable. If -- if we are -- if we are doing something wrong share it with the clerk, share it with the media, share it with us if you feel comfortable and allow us to respond. I believe this Council works really, really hard to do the right thing and to Council Member Milam's point, really tries to over disclose, because like many of you we are citizens and would expect the same of our elected officials. So, Council Member Bernt's point, happy to meet with you to address it personally or however you see fit. Borton: Thank you. Mr. Clerk, we will continue the public hearing. Coles: Very good, Mr. President. Next on the list is Patty Hagler. Thank you, Patty, for coming tonight. Please start with your name and your address. Hagler: Yes. P atty Hagler. 7200 South Locust Grove, Meridian. Mike has made comments at neighborhood meetings and in this hearing that he is willing to do whatever is needed to mitigate the neighbors' concerns. However, this proposal is not consistent with that. Much of the staff language that was in the recommendation of the original proposal has been either changed or deleted. He's really unwilling to abide by a termination date and I appreciate your asking for that to be an automatic date. He really wants it to be open ended, which is why he keeps having the renewal language -- as we discussed at the last hearing, the Murgoitios already have control of the residential development within a thousand feet and they can only terminate that industrial operation. He is unwilling to surface all of the driving areas with dustless material. He has added in there that's only going to be the entrance surfaces now. He removed the language to assure that waste wouldn't be blown, washed, or carried to adjacent properties. He's only willing to set back equipment 300 feet from the residential property that is in the City of Meridian. Again, that's the Murgoitios. So, another tactic gives them complete control. In fact, the single proposed -- clearly exposes Mike's intent that drives all of his actions to date and will drive all of this future actions. He doesn't respect the rights of any other property owners, nor does he respect the planning and zoning code of Meridian city. That is why there is no way to avoid conflict if Mike is allowed to continue this operation. He believes he has the right to have complete control of the entire residential area and to operate however he chooses to maximize his income. He is unwilling to agree to not bury trash. As you have seen on the picture -- could we have the picture of the trash trucks, please? As you see on the picture, we have got trash trucks emptying waste in the middle of an open field, which is outside of the recycling property and I agree that this has to be defined as all pre- processing and post-processing material has to be stored on the recycling property. Meridian City Council Meeting Agenda December 4, 2018 – Page 28 of 445 Meridian City Council November 20, 2018 Page 22 of 74 Otherwise, this is just an open ended conflict thing again where anytime he wants to do this he just says, oh, this is for my farm. Well, who is ever going to monitor that or check it? Who is ever going to know? The landscaping proposal that he proposed is really just a facade to appear that he's concerned about visual and noise pollution. There is no way any landscaping can be dense enough year round or tall enough to block the view of his huge trash piles on a hill that's above the roads or to mitigate the industrial noise that rattles pictures on the walls of the neighbors. He removed the language that screens the view of these huge trash piles. So, now he's not willing to screen and block that view. He completely removed that language in this version and also now we are going to wait to install any noise mitigating landscaping until he gets to the tier two permit. So, in the process of doing that -- I don't know how long that's going to take, but he doesn't have any noise mitigation. One property owner doesn't have the right to override the rights of the other hundreds of other property owners. Please do not approve this without sufficient conditions to mitigate all of the pollution of the environment. Thank you. Borton: Thank you very much. Council, any questions? Mr. Clerk. Coles: Josh Leonard is next. Borton: Good evening. Please state your name and your address for the record. Leonard: Absolutely. Before I -- before I start, Mr. Council President, I represent several of the people in the audience and would ask for the ten minutes that's afforded. I can give you names of those individuals if you -- if you would like to mark that, so that they don't double testify. Borton: No. I -- we -- we trust you. You represent -- Cavener: Mr. President? Borton: Mr. Cavener. Cavener: Is it possible to get a show of hands of who -- okay. Borton: Council, any concern with that? Cavener: No concerns. Just looking for an idea. Thanks. Leonard: Thank you. My name is Joshua Leonard of Brian Webb Legal. We are at 972 East Dwindling Creek Drive in Eagle. 83616. With all due respect, this process is something unlike I have ever seen before. It's off the rails and it's because there is a process in city code to make this happen and that's called a conditional use -- conditional use permit. In fact, you don't even -- we are talking about conditions today. You don't need to add a conditional use permit as a condition to the development agreement, because it's already a condition in city code. I understand -- and with all due respect to legal counsel, I understand that this is how the city's done it in the past Meridian City Council Meeting Agenda December 4, 2018 – Page 29 of 445 Meridian City Council November 20, 2018 Page 23 of 74 and has always done it, but that's not what it says in city code and it -- and the people of Meridian can't be expected to watch every one of these meetings and determine how this has been done in the past to know how to do it this time. What they can be expected to do is go and read city code and in city code it says the only way to expand or extend a prior non-conforming use is with a conditional use permit. One of the best reasons to require a conditional use permit is because there is no negotiation with an applicant. It's -- it's if you want to expand your otherwise illegal use, you do these certain things and we will give it to you. I thought it was really interesting going through applicant's counsel's memo back to the -- back to the City Council. As to the -- the first new condition, applicant opposes. As to the third new condition. Applicant questions. As to the second -- or the fourth new condition. Applicant objects. As to the fifth. Applicant objects. As to number seven. Applicant is opposed. As to number eight. Applicant objects. As to number nine. Applicant objects. As the number ten. Applicant objects. If this is so objectionable what's in city code, the applicant shouldn't be doing this in a residential zone. Period. If he wants to do it he complies with the conditions. Otherwise, there is no way for him to do this legally. A DA -- a development agreement is a contract between the -- the applicant and the city. That's all it is. It's a contract. And by amending the terms of that contract it doesn't change what city code says. You can't contract out of -- of obeying the law. It is required that the applicant get a conditional use permit and that it includes the conditions that I put in my memo prior to the last public hearing. What I would love to have happen today is for somebody to stand up -- hopefully staff and say, you know what, we have done this the wrong way. Let's go back and let's get -- let's require a CUP like we are required to in city code. If that doesn't happen, it's my belief that we are going to be back here in six months after a judge tells us that you're required to get a conditional use permit at great expense to all the parties involved, at great loss of time and just the uncertainty of all of the part -- of all of the neighbors while the applicant grows his business and -- and wastes money growing a business that it's my belief will -- will at the end of the day be required to obtain a conditional use permit, instead of a freestyle and free flowing negotiation with the applicant where he can object to the conditions that are contained in city code. This should have been -- if you want to do this here are the conditions. Conditions are not required -- or, excuse me, are not intended to make the law less stringent. The zoning law for this property is residential, not industrial, and it's not intended for heavy industrial uses. For the applicant to bring a heavy industrial use onto this property he needs to meet these conditions. I'm going to go through a couple of the conditions just really quickly. The hard deadline that was -- that was put forward was objected to by the applicant, because -- because in the applicant's memo he said Council already indicated that they will allow -- would allow this without a hard deadline. That's a terrible reason not to reconsider. In fact, the Council did reconsider. They made a motion, it was seconded, and it was approved. That's why we are here because of that reconsideration. As to proposed number three in the -- in the opposing counsel's memo. The applicant cited -- and this is with regard to compost piles being maintained on residential property. Applicant cited to a section of city code 4-1-10A2 to say that compost piles may be maintained on any property in the City of Meridian, so long as the piles do not create a nuisance condition. Applicant's reliance on this section is misplaced. This section applies to residential and personal compost piles. If any one of Meridian City Council Meeting Agenda December 4, 2018 – Page 30 of 445 Meridian City Council November 20, 2018 Page 24 of 74 the applicant's piles was moved onto a lot in Bridgetower or in Paramount, it's a nuisance per se. It is a nuisance and -- and just because it happens to be on this property doesn't make it any less so. Borton: Josh? Leonard: Yeah . Borton: If I could interrupt real quick. Leonard: Can we stop my time? Borton: Are you -- are you focused on the conditions and the position of the parties back during that letter, as opposed to the position of the parties or at least of the applicant today with what's on the screen? Leonard: Uh-huh. A little bit, but I will tell you with what's -- with what's on the screen -- and I'm going to -- definitely I'm going to get there in talking through these -- these different things, there is what I saw and what's on the screen it is caving to the applicant in a lot of different ways and I will start going through those. The first of which is it's a hard deadline, but not a hard deadline. It allows the city to -- at the end of ten years consider whether or not to continue it. Interestingly, there are two different provisions that govern the city's ability to review this use. One is after the initial period, this ten years, and one is after the first renewal period, presuming that there would be a renewal period. At the end of the -- the initial period it doesn't say that the city can adjust or modify any of the conditions. At the end of the second -- or at the end of the renewal period it says: And the city may adjust or -- or -- or modify or add or delete any of the conditions. Without that there after the first one I don't know that the city has authority because of this contract to adjust any of those conditions at the end of the initial period. With regard to paving and dust abatement, I'm going to come back to landscaping in a moment, I believe, but with regard to dust abatement, which requires driving surfaces -- because this is a heavy industrial use in a residential area it requires all driving areas to be -- to be paved or at least coated or covered or surfaced. The applicant cited to 11 -- 11 -3-C-5-B1, which regard -- which is with regard to commercial areas, not heavy industrial in -- in a residential area. I'm going to jump for just a second to -- to the 300 foot radius. The concern here is twofold. The first and biggest concern is that this provision would do exactly what all of the neighbors feared it would and that is it only applies to residential property. It only restricts the applicant's use of these industrial implements if they are within 300 feet of a residential area that's within the City of Meridian. That's not what code says. Code doesn't qualify it by being within the City of Meridian. Code says any residentially zoned area period. Or zone. It doesn't have -- it doesn't reflect that it just applies to citizens of Meridian. I also want to speak just really quickly about the argument or the contention that use of compost for farming or the use of farming vehicles on property might be somehow caught up in this development agreement. This development agreement and what should be a conditional use permit only apply to uses that aren't allowed as a matter of right on the property. Farming, Meridian City Council Meeting Agenda December 4, 2018 – Page 31 of 445 Meridian City Council November 20, 2018 Page 25 of 74 agricultural uses, vehicles on the property, use of the compost for farming, none of that would be restricted even if it expressly said so in the development agreement, it wouldn't be restricted, because it's already allowed as a matter of right. It's -- it's not the subject. The heavy industrial use is the subject of the development agreement. So, when we take out things from -- from the development agreement that affect -- that have a chain reaction and affect other things, there is no basis to do that in the first place. Farming, composting for personal use and for farming use aren't uncovered and aren't restricted in the development agreement. They are allowed outside of that entirely. I want to jump to the leaves situation for just a second. So, I was out there yesterday and I -- I witness these piles of leaves in these giant bags. It looks like Boise city may have done their annual Rake Up Boise or whatever. I can't remember what it's called. But this is a perfect example of why the development agreement and a conditional use permit need to be extremely tight and well written. It's because the applicant will continue to use his farming operation and his agricultural operation to leverage his commercial operation and to excuse what he's doing on his commercial operation. These are not leaves from the applicant's trees and the applicant's friends' trees, these are delivered in huge Republic trash trucks. These are not just -- just tiny little piles. These are long strings of dump after dump of piles. I also -- I also just really quickly -- I have only got about a minute left. A couple of additional objections. And I appreciate the back and forth with -- with Mrs. Britt about -- about disclosures. There are a couple of things that from the beginning -- or at least from the second meeting have -- have bothered me about this -- about this process and I wanted to share them. There were -- there have been Council Members that haven't been in attendance at some of these meetings and some of these public hearings and it hasn't been mentioned, but when you come back after having been gone for a little while or been away and not been in attendance, the recommendation is that you make a record of being gone and state that you have been caught -- that you have caught up, because there is no way for citizens to know that you went back and watched that or that you have any -- have any basis to make a full and fair decision based on what was -- what happened while you were away. Just a recommendation. The other one. Disclosures of friendship. I appreciate that, Council Member Cavener, I absolutely do. The frustration is that you didn't do it while citizens could still speak about it and ask questions. It wasn't that you didn't do it, it wasn't that you waited until -- and admittedly they didn't ask until during that -- that question and answer -- or the comment period. The concern was that it didn't occur early in the process. If I can maybe just a paragraph -- Borton: If you would summarize. Leonard: Thank you. Just really quickly. I'm going to summarize by saying I -- the Mayor said it best. She said -- toward the end of our second of four hearings on this -- if this were occurring in Ada county and the Ada county commissioners were imposing their will on the City of Meridian by allowing and authorizing this expansion of use, she said the people up here at the -- the Council Members would be outraged. I don't know if that's true or not. I know some of you -- some of you personally, but not very well. I have shaken your hand maybe at a parade or something. I don't know if that's true. I can tell you that the neighbors to this are outraged and although they are not Meridian Meridian City Council Meeting Agenda December 4, 2018 – Page 32 of 445 Meridian City Council November 20, 2018 Page 26 of 74 City -- they are not Meridian city residents, they are residents of the state of Idaho and they absolutely have the right to come and express their -- their -- their grievances here. I hope this doesn't end up at district court. If it's approved, please, do it soon as opposed to continuing it or resetting it, so if it needs to go to district court we can get there and back and -- and -- and figure out where we are going on this. Thank you. Borton: Thank you, Josh. Council, any questions? Cavener: Mr. President? Cavener: Mr. Cavener. Cavener: A couple things. Josh, appreciate -- again, I think you're very respectful for the dialogue and I think your point about talking about missing a meeting and making sure that the Council and the public is aware that we are caught up is something I one hundred percent agree with you. I think maybe we disagree about the process and the timing of that. To me it's -- I want to hear from the public first before we as a Council discuss. I want to make sure that the Council and the public are aware of that, but agree with you one hundred percent, because you touched on some of the comments about -- comments from the Council about disclosures, I guess a question has been brought up and I think we are -- you are representing a large amount of members -- the question about ex-parte communication has been brought up and I'm just curious -- the previous testimony didn't want to share what those were. I'm hoping that you would at least let us know if you're aware of ex-parte communication, if you could elaborate any further. Leonard: Certainly. I -- I, obviously, have a duty to my clients and in this instance what they have shared with me in -- in confidence or in attorney-client privilege. W ith that said I can tell you that the definition of -- of ex-parte only -- and this -- Mr. Nary, you're going to have to correct me if I'm wrong. My understanding is -- and the definition of ex- parte means during the pendency of an action. The communications that I have seen, although they have been between members of the Council and directly with the applicant and seemed pretty personal, I don't remember and I don't know if they had a date on them that I could look at to say that it occurred during the dependency of this action. So, ex-parte -- were they communications outside the -- outside the scope of this room? I think we all know you have lives outside this room, although some nights it may not seem like that. Yes, they were. But were they during the dependency of this action? I can't say that. I don't know. Cavener: Thank you. Borton: Thank you, Josh. Bernt: Mr. President? Borton: Mr. Bernt. Meridian City Council Meeting Agenda December 4, 2018 – Page 33 of 445 Meridian City Council November 20, 2018 Page 27 of 74 Bernt: I just -- just a point of clarification. Mr. Nary, m aybe you can help out just -- the 300 has been mentioned a couple times regarding the 300 foot rule -- rule in regard to an industrial machine use within a -- you know, that -- that 300 foot range as it relates to City of Meridian area versus residential use. I mean what -- what exactly would be city code. Help me out with that. Leonard: I'm sorry, can I -- Nary: Oh, go ahead. I thought he was asking me. Leonard: No. Absolutely. I think he was, but I -- I just want to point you to the section I'm talking about. Bernt: Okay. Leonard: Number ten in those proposed new conditions, toward the end of that within the City of Meridian. Sorry, Mr. Nary. Nary: So, Mr. President, Members of the Council, Council Member Bernt, in the first hearing on this discussion that was a question that came up. All of our development agreements are related to activities that the city, through this contract, are allowing a resident to do. We haven't ever contingent -- put a contingency in our contract that was contingent on another jurisdiction doing something, whether it's approving a residence, approving a business, approving an industrial park or whatever. We haven't ever required that our -- our approval of action or activity by a resident, who has a development agreement, would be hindered from doing it by another entity. So, that -- like Ada county or Kuna, Boise, whatever. So, that's the reason it's written that way. If the Council desires to do that, you can. The -- the distance can be greater if you wish. The -- the ability there would be any entity can be if you wish. That's totally within your discretion. But that's the reason it's written that way is because it's -- otherwise you're putting -- the activity you're condoning in the hands of another entity that could, then, do something that would, then, prohibit that activity. Now if that's what you wish to do you can, but that's the reason we have always crafted them -- that's only related to the city, what we approve, what we allow and, again, Mr. Leonard is correct, it does say residential, but, again, the code was written when -- again, this -- this area that's on the edge of another city didn't exist. The reality is, again, in a majority of the city you don't have these issues within the city. Bernt: Right. Nary: This happens to be on the edge. But -- but the reality is, again, it's always been your direction to a citizen that you're granting an activity to do and is, then, governed by any decisions this board would make, not another board. Bernt: Mr. President? Meridian City Council Meeting Agenda December 4, 2018 – Page 34 of 445 Meridian City Council November 20, 2018 Page 28 of 74 Borton: Mr. Bernt. Bernt: Just one -- one follow up. Is this -- and I -- and this is my own fault. I should have done my due diligence on my -- my own part. Does this -- does this area of -- this recycling area that we are talking, does it abut up against any other property besides the City of Meridian? Does it go up against Ada county or Kuna or -- Nary: It does. It goes up against -- Mr. Bernt, it does abut -- both on Locust Grove and on Columbia, properties across the streets of those two streets are in the county. Bernt: Okay. Leonard: And if I -- if I may clarify, Mr. Nary, I think you were talking about the issuance of a -- of a certificate of occupancy by another jurisdiction. In this instance it -- in this instance it's -- no there is no action required by another jurisdiction. It says all mechanical equipment, excluding all private or commercial vehicles and operations, power driven processing equipment and operations, shipping and delivery areas and out -- other outdoor activity on recycling -- recycling property shall be located at least 300 feet from abutting residential district and that's where it stopped before this latest revision and now it says at -- shall be located at least 300 feet from abutting residential district within the City of Meridian and that's the problem. There is no action taken by any other agency. It's just the fact that it's residential property. Residential property in the -- in the county versus residential property in the city. It's all residential and it all has homes on it. That's the -- that's the hang up. We are not relying on any action by any other agency. Bernt: Mr. President? Borton: Mr. Bernt. Bernt: Why was that -- Mr. Nary, w hy -- why did we change that? Nary: Because, again, our conditions have always been relevant to just the city, not any other entity, whether they are existing there or there are new residents that could be granted there, we have never conditioned it on our development agreement. You can. We can eliminate that -- that portion of the sentence if you wish. But we have always relied on just the city's action. So, Mr. -- Mr. Leonard's correct, currently there are residential properties across the street. Some have -- there is residences in different parts of it and there is a lot of open space, but, again, if county were to approve a development across the street, that would, then, dictate your approval in this agreement and that's something we hadn't previously done. Borton: Thank you, Mr. Nary. Thank you, Josh. Leonard: Thank you. Meridian City Council Meeting Agenda December 4, 2018 – Page 35 of 445 Meridian City Council November 20, 2018 Page 29 of 74 Coles: Next we have Debbie Allen. Borton: Thank you, Debbie, for coming tonight. You probably know the drill. Your name and address, please. Allen: Thank you. I'm Debbie Allen. I live at 775 East Columbia Road, Meridian, Idaho. 83642. And I wanted to just tag onto what you were just discussing briefly. That's part of -- one of my concerns and -- and it's my understanding that that was part of why that was put in there was part of the issue -- I mean the whole -- this whole thing -- a big part of the issue is that across the street is Ada county, but we are still people on the other side of the street. We are not lesser citizens because we are not annexed into Meridian and that one provision where it says that the operating equipment should be 300 feet away from abutting residential areas was to try to get that machinery from operating across the street from somebody. So, we have the people here actually that live closest to them, who I think are going to speak later, they are directly across the street. They look right at that whole thing and it seems like -- I mean, honestly, it just seems like common decency to protect them from having that equipment right across the street from them. So, it's not a matter of governing Ada county on what they are going to do, it's a matter of asking Mr. Murgoitio to have some appreciation for his neighbors and to have his equipment at least 300 feet away from their homes. It seems reasonable to me. The other thing -- and I talked to Mr. Nary today about this, too, and we have talked previously about the location of the recycling facility being the 36 acres and in looking through this information on the development agreement, it refers to Exhibit A and unless I misreading it, Exhibit A doesn't limit it to the 36 acres and so as part of these provisions I'm asking that it be specified that the recycling operation be limited to the 36 acres, as Mr. Murgoitio has offered to do previously and we have discussed that several times, but even Mr. Nary said that he -- he didn't know if that was actually in there and -- and so I'm asking you to make sure that that is specified and that that's in here. The other thing I wanted to ask you to approve is the ten year maximum for this, as already been discussed. This is outside of what should be allowed in a residential zone and I guess I'm just asking you guys to give us some reprieve from this whole issue. We will have to go through it for ten years, but can we, please, have a light at the end of the tunnel in ten years. I also thought it was interesting -- Mike -- Mr. Murgoitio sometimes plays word games I think. I have a picture for you. He calls this a soil amendment, but as you have already seen, there is trash. Republic Services trash trucks that are dumping this stuff. If you look closely at it you can actually see trash in it. It's the bags of leaves and mounds of leaves. This is exactly what they were talking about before where we need to have something specific in this provision like, Vicki said and Josh said, processed compost material being spread out on agricultural land is agricultural. We understand that. This is not. This is trash trucks pulling up to this property, dumping what's ever inside their trash trucks -- it might be mostly leaves, but as you can see if you look real close, there's colorful things in here. So, there is actually trash in there and that's a big concern for us is that the -- the language says that only processed compost can be spread throughout the property and if you watch any farmer when they are putting amendments to their property, they spread it out. Meridian City Council Meeting Agenda December 4, 2018 – Page 36 of 445 Meridian City Council November 20, 2018 Page 30 of 74 They take it out there and they spread it out. You will see manure piles that are -- not piles like this, not mountains, but they are spread out with a spreader across the whole property. This is the same stuff that he would put on his recycle facility and process at some point, but I guess he just decided he wanted to put it here and this was even after Councilman Bernt discussed this with him last time and specified that -- that he needs to keep his piles on the recycle property and it was last week that this -- this whole thing doubled. So, I'm asking you guys to approve the provisions and to take out the limitation of within the City of Meridian and to approve the staff recommendations as conditions for this project. Borton: Thank you very much. Any questions, Council? Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I don't -- I don't know -- and not necessarily a question -- be more for staff. Those photos that we were just shown, where those -- are those the same photos that we have already seen or was there a different photo that -- Allen: It's closer up, so you can see there is trash in it. Cavener: We weren't -- it didn't pop up on our screen, so I didn't see it. Allen: Oh. I have got another one. Cavener: And so that -- I was just trying to get some greater clarification. Allen: Do you want me to give it to you? Coles: Councilman Cavener, correct, the dot camera seems to not be working this evening. Allen: Oh, I have got another one. If you want me to hand it out. Cavener: Perhaps if we can at least either pass it around or at least -- I think we may take a break here at one point and maybe try and fix the IT issue, so that we have a chance to see that. I appreciate it. Borton: Yeah. Anything that you want us to see, if it's -- Allen: This is that -- this is that same thing. Borton: Perfect. Allen: It's just another copy of it. Meridian City Council Meeting Agenda December 4, 2018 – Page 37 of 445 Meridian City Council November 20, 2018 Page 31 of 74 Borton: Thank you. Any other questions, Council? Cavener: Sorry. Mr. President, just for Mr. Coles. My -- I have got IT big issues with my machine. I don't know if we have got somebody from IT that may be able to help and resolve this at one point. Coles: There is no one from IT on -- on the property at the moment. Cavener: Okay. Thank you. Allen: Can I -- do you mind if I mention one more thing? I will be really, really brief. Borton: Certainly. Allen: Please. Thank you. I did send an e-mail -- and I hope that you have it and it's got pictures, because it goes to the berm issue. His berms are not berms, they are a pile of compost material. They are very short. And if you look at the pictures that I sent you on the e-mail, you will see those are not berms, they don't cover anything, they are not pretty, they are not aesthetic, they are short, they are just compost. They are just piles of this product in a berm -- I also sent pictures of what we all know to be berms and that's one of the things that -- that I would hope that you guys would address with him, too, is what really a berm is. Borton: All right. Thank you very much. Allen: Thanks for letting me say that. Borton: No worries. I appreciate it. Allen: All right. Thanks. Borton: Mr. Clerk. Coles: Thank you, Mr. President. Next on the list is Todd Edgar. Borton: Welcome, Todd . Edgar: Todd Edgar. 1410 East Gravel Lane, Meridian, Idaho. Borton: If you could get a little closer to the mic. Edgar: Meridian, Idaho. 83642. So, I -- I will probably just read right from this, so I don't get too far off in Never Never Land with you guys. Borton: You're still kind of hard to hear still. You got to get right in that mic. Meridian City Council Meeting Agenda December 4, 2018 – Page 38 of 445 Meridian City Council November 20, 2018 Page 32 of 74 Edgar: So, I wanted to start off just -- as a few of the observations throughout this project that I have noticed. I came a couple times or I have came to all the meetings. I have spoke a couple times. Number one, with the initial meeting staff recommends to not approved this for various reasons. The biggest one being that this is an industrial site in an R-4 zone. You guys are very aware of that. Staff recommended denial. You guys, you know, didn't listen to staff there. Multiple neighbors also stood up and opposed the facility based on health concerns, increased noise, increased traffic, decreased property values and the quality of life out there is going to be less with a dump being imposed into the neighborhood there. So, again, this was all brought up in the first meeting. City Council ignores all these inputs of the neighbors and proves without any consideration to the recommendations from the neighbors. After the approval staff comes back with more specific conditions set in place to help out the neighbors, which I really appreciated what they had put in place here on this document from the last meeting that we reviewed, the ten years -- hard ten years. That is needed. That can't be just -- let Mike come back and say, well, you know, I'm not going to agree to that and I'm not going to agree to this. That shouldn't be something that's in -- kept from staff's recommendations. The specific landscaping requirements that were in the document as well, those looked like -- that's realistic landscaping. They are talking about not being able to see these piles of dirt and junk and crap from the road with landscaping that he has to put around the facility. Again, you know, he comes back and says, no, I don't agree to that. So, why don't the neighbors get to give their inputs on what they agree to or what they don't agree to? It's just Mike that gets to come back and say I do or don't agree. I don't quite understand that. Maybe we don't have any say in the matter, except for the standing up here. But it's almost like the closed door meetings with Mike and maybe the city attorney or whoever -- I'm not sure who is meeting with him. He comes back with his proposal. So, I'm confused on how that all works. Maybe you guys can enlighten me on that a little bit, you know, how that process works. But I'm not really up on the government system here, so -- again, the pile -- the new piles -- and it was brought up in the last meeting, the com -- or, you know, the -- the trash that's brought in should be kept on the facility -- on the 36 acres, which I'm glad that that was brought up, that that seems to be missing again from the document, which this -- within this process is kind of how things seem to go is they are there, they are not there, I agree to it, I don't agree to it, but all -- all of the trash that's being brought in should be kept on the 36 acres of the facility. Now we have it out along Locust Grove, these huge piles that are just popping up out of nowhere. Is the new norm now? So, I'm going to ask you guys to really look at what staff recommended -- recommended at the last meeting and, you know, and let's follow some of the stuff. Either that or get the neighbors more involved and ask us what we might approve or not approve. I think that would be fair. There is many people out there that are being impacted, 50, 60, 70 residents and there is one person coming in making all the changes. So, I really don't think that's fair. So, that's -- you know, I got other things in here, but I think we have discussed all that enough, so thank you for your time. Do you have any questions? Borton: Thank you much. Council, any questions? Okay. Meridian City Council Meeting Agenda December 4, 2018 – Page 39 of 445 Meridian City Council November 20, 2018 Page 33 of 74 Coles: Next on the list is Jim Cox. Borton: Jim, are you here? Welcome. Thanks for coming tonight. Cox: Council members, I'm Jim Cox. 1305 East Columbia Road, Meridian. I am -- our house is directly across from the screening operation. Directly across Meridian -- or Columbia Road, so -- three quick points. They have all been said. The -- the ten year maximum, I hope you are hearing that that so feels like a deal breaker to us. That light at the end of the tunnel is what we felt like was -- at one point we felt like five years sounded like a long time. It's already been three years that we have been listening to that and seeing that. We left our last meeting two weeks ago, we felt like we had been heard and, then, this kind of stuff appears in the -- in the written form, it feels like we went backwards, changing language to being able to revisit it in ten years. So, I hope we are speaking loud and clear that that ten year maximum really means something, so -- second point on the landscaping. That paragraph six from our place, the -- the hill across -- or the property cross Columbia Road slopes upward quite a ways, so that screening operation sits literally ten or 12 feet above Columbia Road and it's, what, 16 foot tall or something. So, from about any location any amount of landscaping would be difficult. I think we made the point two weeks ago that trees would barely be starting to get to that height in ten years and really would have very little effect. In that paragraph six it says Timber Creek will land -- will install trees. I think that was amended to say per zoning paragraph 11-3H-4D. That 4-D I think refers to berms or walls -- says a berm ten foot tall as measured from the center line of Columbia Road or Locust Grove, whichever. Obviously, that would help, but certainly with that equipment being so tall, sitting at the top of the hill, that berm, even -- even that berm would be difficult visually and in terms of noise reduction I don't think it would be very effective. So, I'm not sure what the -- what the improvement would be, other than to move the berm up the hill, but in some way it seems like, once again, we are trying to fix something that it's difficult to fix. We are trying to fix an industrial problem with a -- a residential solution, so -- the last point -- that 300 feet literally -- okay. That the 300 feet -- that screening equipment currently sits less than 300 feet from Columbia Road. Our house sits -- from our house to the center of Columbia Road is like 50 feet. So, you can see that there is a very -- very visible problem. We are right in each other's space all the time. Unfortunately, the house was built in '68, so it's difficult to know how to address that issue, but it's very close to us and when it's running it feels like it's very close. That's the screen. When the grinder is running, the chipper, it feels like it's in your front room, so I don't know how to address that, but -- Borton: We are going to have you -- we are going to have you summarize if you could, please. Cox: Yes . I will stop there. I think it's all been said. But that 300 feet, if we could take that one seriously, as Debbie said, address it the way it needs to be addressed, that would be a help. Borton: Thank you very much. Meridian City Council Meeting Agenda December 4, 2018 – Page 40 of 445 Meridian City Council November 20, 2018 Page 34 of 74 Cox: Thank you. Borton: Council, any questions? Okay. Thank you. Coles: David Bennett is next. Palmer: Welcome, David. Thanks for being here tonight. Bennett: Mr. President and honored Council, also our first responders, thank you for what you guys do. I apologize, I have lost my voice. I just got back from Washington and I left my voice there. So, hopefully, you can hear me. I reviewed the -- Borton: Where is your residence? Bennett: Oh, I'm sorry. 1398 East Mallory Lane. Borton: Okay. Thank you. Bennett: Meridian. I'm a half a mile from the new industrial proposed site. My wife and I moved here just a few months ago. Borton: Welcome. Bennett: Thank you. And I'm very concerned about what I'm seeing here tonight. You know, one of the things that's great about this country is the ability to come here and talk and voice opinions and issues and it's very personal to a lot of these people, my new neighbors. We are looking at our health. We are looking at our financial well beings. And we are looking to the future of our children. And to have an industrial complex move into a residential area, unfettered by proper oversight, is very very alarming and I actually plead with you guys to stop the direction that this is going, because sitting in the back room it seems pretty obvious what the Council is already thinking. That bothers me. I am the president CEO of Applied Science and Technologies, Incorporate. ASTI. Myself and my partners are considering moving here to Meridian. We are a very large conglomerate of groups of other industries. I am very confused about -- when I look at your bylaws and your regulations about what I would need to do for ASTI to set up shop in Meridian, I see very strict guidelines that are very good. Why are we not following those in this circumstance? So, Mr. President, would you, please, explain to me why we are not following a conditional use permit? Why are we not doing that? I don't understand that. Can -- can you tell us, please? Borton: Well, I appreciate the question. I would probably -- I don't get to play lawyer here on the Council, so I would probably turn to our legal counsel to describe from a land use perspective his opinion that's been directed to us on the -- the options for an applicant to bring a request, whether that's done through a development agreement modification or through a CUP application. Perhaps different avenues to try and get the Meridian City Council Meeting Agenda December 4, 2018 – Page 41 of 445 Meridian City Council November 20, 2018 Page 35 of 74 relief they request. But as to answering that I would defer to Mr. Nary on behalf of the city. Nary: Could you restate your question, sir? Bennett: Mr. Nary, thank you for taking my question. I'm curious why we are not using a conditional use permit. Why that -- that process, which seems like that's in your bylaws and regulations for an industry to move in. As me coming in with a potential industry -- and I may be standing before you here shortly with partners saying can we, please, set up shop here in Meridian, am I going to have to follow a conditional use permit or can I get the same treatment that Timber Creek is getting with, hey, let's kind of play fast and loose. I'm very curious. Help me. Nary: So, sir, that quicker answer is is development agreements are governed by the Idaho code. They are also, then, found in our city code as well. They do allow the city to contract with development when they wish to be annexed into the city and require whatever types of conditions that the city may require at the time of annexation on what the development of the property may be or may not be. We sometimes put conditions in development agreements that prohibit certain uses. We sometimes put conditions that require certain types of uses. The ability to amend development agreements are also contained in the state code and the city code, so amending those uses within the development agreement are also allowed. We disagree with counsel that raised the question that a CUP is the only avenue in which you can do this. We disagree and lawyers tend to disagree occasionally and that's fine. We do not believe under our code that a CUP is the only avenue to do this, because the development agreement does have conditions in it and this is -- this is an expansion of those existing conditions that were previously part of the DA. So, that's why we are here. Now, if -- if a court tells us different, then, we will deal with it differently. But that's the reason we are here is he has an existing DA, he is asking to amend those conditions to allow some additional uses on his property and that's the reason we are here. Bennett: Thank you, Mr. Nary. My next point, please, sir. The ten year renewal versus a ten year termination. I can understand from a business perspective why Timber Creek would definitely want to go down that path. I think this is a case where we have got industry driving Council's decisions, not the other way around. Mr. President, would you and the Council, please, consider a five year review? Because I think, you know, the Murgoitios have already stated that they are going to stay within compliance. That's great. That makes me feel better, because I drink the water that's probably going to get filtered in -- you know, into my well. What would be the harm in coming back in five years and saying, hey, is this working, are we damaging the people around us with health conditions, are we damaging property values? Could we -- could you address that, please, sir? Could we address and a look at a five year, instead of a ten year. Borton: Well, over the -- over the course of the hearings just some brief context is there have been discussions, if you have reviewed the record, on what the potential duration of a use -- if there is an extended use, what it could be, whether there is triggers that Meridian City Council Meeting Agenda December 4, 2018 – Page 42 of 445 Meridian City Council November 20, 2018 Page 36 of 74 automatically terminate it or not, as part of a public hearing. I'm not necessarily in a position to agree or disagree, other than receiving public input and weighing it, along with the remainder of the public input and the comments of the applicant. Bennett: Right. Borton: You might get different answers from each Council Member. This is an application that I voted against, so there is going to be different perspectives, but to -- to answer and sort of not answer, what I -- what I think you're getting at is -- I think we try to receive all of the comments and suggestions verbally and in writing from the public, that being one of them, to consider what might be the best decision going forward here and I understand that it sounds like that's your recommendation that rather than just having the ten year absolute stop, which as of today it sounds like everyone was at least in agreement to that, that it would take overt action of a council in the future to allow a continued use, that's one -- that's perhaps progress to address some of that concern, but it's your request that perhaps this Council consider constricting that even more and whether that's in five years have a review that might have some triggers for whether continued use could remain or whether you're suggesting that the ten year hard stop shrinks down to five years, but I understand that's the -- the recommendation or suggestion you're making and the reason behind it. I think the Council considers that amongst all of the other comments in deciding what to do. Bennett: Okay. Council, I would appreciate you -- you recognizing that. And my last comment I did -- I was very concerned about the removal of federal and state and local regulations in the new terms. My company and my associates' company, we deal with federal regulations. We monitor the environment for environmental hazards. The technology that is now coming to bear is going to severely impact future discussions like this. The technology now exists 24/7, 365 days a year to monitor every three feet the quality of the air as it moved from a point of origin in A to B. We can determine the density of that cloud and my fear for -- for our community and for -- for Timberlake, is, hey, if we don't do the right things now we are setting ourselves up for major lawsuits down the road, because the technology is there. I appreciate you taking my time today. I think you -- you know, we have got a lot of passion here tonight. That's good. And I hope you will take these considerations very seriously. Thank you. Borton: Thank you. Appreciate the testimony. Council, any questions? Thank you for being here. Coles: Mr. President, there were none other that indicated they wanted to provide testimony. Borton: Okay. We have heard from everybody who has signed up. Is there -- well, did anybody -- come on forward if you haven't -- either if you signed up or you tried and it didn't work, now is the time, just raise your hand, so -- we will have you state your name and address for the record. Thanks for being here. Meridian City Council Meeting Agenda December 4, 2018 – Page 43 of 445 Meridian City Council November 20, 2018 Page 37 of 74 Blitman: Thanks. Brenda Blitman. 8460 South Locust Grove Road. One quarter mile south and I'm in Ada county, so I'm not in the City of Meridian. Can we put up the picture of the -- or you guys can see pictures; right? Borton: It depends. If -- was it provided to the clerk. Blitman: The garbage truck. The garbage truck. Bernt: We have seen them. Blitman: So, that's what I saw this week when I was going down Columbia. Borton: He's getting it. Blitman: When I walked out of my door this morning -- Borton: Is that it? Blitman: Yeah . I smelled the rotting -- the rotting wood smell, which -- I grew up on a dairy and I'm across the street from dairy cows and I know what dairy smells like and it was the rotting wood smell, which is different and new and it was quite a lot of it. When I looked at these garbage trucks when I drove down Columbia, I just imagined 56 of them a day dropping this waste on the property and that seems like it's huge and the visual is just much bigger than this nice farming recycling operation where we are going to put soil out on the fields or in the -- in the livestock feedlots. So, it's just looking like it's going to be huge. I don't know if it's worth it from the timing perspective, but the City Council needs to see the size of the equipment and the size of the piles and the size of what the operation is if they are going to consider that it's just some small scale operation. I'm supportive of the changes that have been talked about, which is the stopping at ten years. I'm supportive of it being reconsidered on a conditional use permit. If this were coming through as a contractor yard I don't think that the City Council would agree to unlimited use in a residential area for a contractor yard without proper landscaping and proper controls. And my last point is I was super disappointed at the Council meeting that I came to when I -- when the City Council was talking about the reasons for approving this property, a lot of the discussions centered around the fact that the Murgoitios very generously donated property for the park, which is awesome and it's going to be a mile and a half from my house and I'm excited about that, but it kind of seemed like the discussion was this was a payback for the park and also a payback for the annexation into the City of Meridian, so that the city of Kuna would be blocked and that doesn't seem like very good public policy to make decisions based on those kinds of exchanges and this is just my opinion from what I heard during the City Council meeting. I'm hoping that we are making decisions on what's good for the community, what's good for our residents and what's good for the people. Thank you. Borton: Thank you for sharing that. Meridian City Council Meeting Agenda December 4, 2018 – Page 44 of 445 Meridian City Council November 20, 2018 Page 38 of 74 Palmer: Mr. President? Bernt: Mr. President? Borton: Mr. Palmer and, then, Mr. Bernt. Palmer: Is there a park yet to be announced that we haven't learned about that the Murgoitios donated a plan for? Nary: Mr. President, no, they didn't donate any of that park land. We bought that land from another developer. Blitman: Okay. Then I misspoke. I'm sorry. But the annexation was -- it just seemed like that was the whole discussion. Borton: Okay. Mr. Bernt. Bernt: One comment related to the -- the prior gentleman who -- who gave his testimony, but I do have a question or a comment. Going through the -- the modifications or the conditions of approval, I don't see -- and correct me if I'm wrong, Mr. Nary, I don't see where we have struck anything from the -- the agreement where there is -- where any federal entity as -- whether it's DEQ or Department of Agriculture are not part of this agreement. Nary: We did not strike any of that language and, actually, we -- we made it -- Bernt: Easier to read. Nary: -- that we could use their violation as a violation of our agreement. Bernt: Right. So, yeah, I just wanted to make that comment, because I -- I was a little bit confused and so I -- I just went over the agreement and I just wanted to clarify that. Borton: Okay. Thank you. Anyone else here who has not testified wishes to provide some testimony? Seeing no other individuals, would the applicant care to come forward and provide some summary comments. Nary: Mr. President? Borton: Mr. Nary. Nary: I was going to suggest -- and, then, maybe the applicant could -- could comment on that. In listening to the Council and listening to the -- this, I -- there is three sections that we have discussed and I wanted to know what the Council's pleasure would be, but if you're looking at the one that's in front of you, the -- the conditions. Oh. The condition one, when we talked about the ten years, the Council appeared to want -- that there be Meridian City Council Meeting Agenda December 4, 2018 – Page 45 of 445 Meridian City Council November 20, 2018 Page 39 of 74 a hard stop and that they would need to request to reapply if -- if the Council at that time wished to do that. So, what I have done is I changed the language, if the Council likes this -- and, again, we can tweak that -- that the -- if the applicant -- the applicant -- if the applicant request the City Council to review -- pardon me. Let me back up. At the end of the ten years the activity shall cease. If the applicant requests the City Council to review the activity before the ten year period for renewal for additional time period, as the determined by the Council, at that time the Council can require more or different conditions at their discretion if they allow the activity to continue. If the Council does not extend the use beyond the initial ten year period, then, the -- at their direction, then, it will be -- it will be terminated at the date they determine. So, that changes it slightly. It still is a ten year stop. It still allows the Council the discretion to review it. It still allows the Council to add or change conditions or whatever they think is appropriate in ten years, because we are not -- we won't know exactly what that's going to look like. In item four the concern was about the recycled materials and where they are going to be. So, what I thought the Council might consider is the section would now read the recycled materials before and after processing shall be stored on the recycling property and after processing may be used on the property. So, again, the balance of storing it, whether it's being used prior to processing or post processing, that it has to be in a defined area that's -- that's on the recycling portion of the property. The provision on section nine -- I didn't hear a direction either way on the City of Meridian versus residential districts in general, so that's -- whatever your direction is on that. And, then, the final one -- I added a provision, because -- and maybe I misspoke when I spoke with Ms. Allen earlier today. I didn't tell her I didn't know if it was in there, I said I didn't have it in front of me, so I couldn't tell her either way, but what we can require -- the Council can require is the applicant shall provided a detailed site plan to the city defining the area of the recycle property, the area of the location of the recycling equipment, the farming property and the remainder of their property related to this development agreement. The recycle property should not exceed 36 acres. So, when I looked at the appendix of the original agreement -- and that's, I think, a lot of what misunderstanding is by the folks that have testified, is the original agreement is all in front of you. These are the conditions related to what's being asked to do more of than what they were doing today and it says the defined area is Appendix A. But as with many of our agreements, Appendix A is about 12 pages, which also includes drawings, aerials, as well as legal descriptions. So, to clear that up, it might make more sense to say you need to give us a new site plan of this specific area, where these things are, where you're going to have it, so that we have an easier way for the public or the Council in the future or code enforcement to be able to find where this all belongs. So, those are my suggestions and I'm sure Mr. Cranny has some suggestions as well, but based on what the conversation was we can certainly amend those provisions if that's your direction. Borton: Thank you, Mr. Nary. The -- the images that -- or the diagrams that you have described, can they be attached as an Appendix B, so they don't get lost in the shuffle? Nary: I'm sorry. Yes , Mr. President. Yeah. I would -- I would suggest we attach it as a separate exhibit so it doesn't get lost in the group that already exists. But it's clearly defined separately. Meridian City Council Meeting Agenda December 4, 2018 – Page 46 of 445 Meridian City Council November 20, 2018 Page 40 of 74 Borton: Okay. Thank you. Council, any questions on that? Would the applicant like to come forward. Cranny: Council Members, thank you for this chance to talk before you. Justin Cranny. 877 Main Street, Boise, Idaho. Just a couple of clarifying points. One, there was a question about the extent of the property subject to the development agreement and one question was there is that parcel to the west of where the recycling area is going to be. That's not part of this development agreement. That's where the leaves are being stored now. Or where they were being dropped off. That's not part of this development agreement, because that's not part of the recycling activity. That said, to avoid issues, Timber Creek is willing to take all of the material that may come in to be processed and stored on the recycling property. Let's just avoid the issue. Let's avoid the issue. So, anything that comes in, processed or unprocessed, will come in and will be processed on the recycling property. It will, then, be taken to the farmland that will be -- it will be used on and spread out. Let's avoid the fight. Let's try and minimize any confusion we may have. Borton: If you could pull that microphone closer to you. Cranny: Oh, I'm sorry. Borton: That's all right. So people in the back may hear. Cranny: I think that way we can, hopefully, reach -- you know, we are trying to mitigate the impacts. You know, we don't know -- you know, we understand that it looks horrible, but this isn't ag use, but you know what, let's -- let's avoid the fight. They want some clarity. Let's just -- everything that comes in will go on the recycling property, processed, and it will be sent out for spreading and turning under. I think Timber Creek is willing to do that, to make sure that we try and -- there is less confusion between the neighbors and Timber Creek. Another point that came up that seemed to be confusing is this new -- in new operations, new operation. Timber Creek has been there since 2009 operating and -- I mean it was composting pre-annexation and post-annexation. It's been going on. We came to City Council to clarify and make it explicit and we are adding conditions to more concretely define what can be done and what -- specifically what can't be done. Timber Creek is mitigating the impacts that could have occurred or were occurring under the old development agreement in favor of the neighbors. Added a muffler to both grinders at great cost and expense. We are going to put up berms. We are doing what we can to try and mitigate the impacts. We are trying to push and withdraw -- or trying to limit the impacts. That's the intent. Clarify -- to clarify that composting is expressly permitted and to mitigate the impacts. Ten year limitation. That came up multiple times. We have agreed to that. Hard cap. Mr. Nary read some language. That language is acceptable to Timber Creek. I will ask if I can review it in writing just to make sure I understood fully my -- my hearing comprehension may not be the best at times. So, if I could request that just to review. I don't think I will have an issue with it. The leaves have been a big issue. We are hoping that the -- the Meridian City Council Meeting Agenda December 4, 2018 – Page 47 of 445 Meridian City Council November 20, 2018 Page 41 of 74 agreement to have everything come onto the recycling property will mitigate that issue. There was a request to put berms on the west side of the recycling property. Timber Creek previously represented they would do that and they reaffirm they will do that. There will be a ten foot berm on the west side of the recycling property. The issue of the equipment. You know, we came back and said, you know, as that conditional is written, if strictly interpreted, man, we will kind of have trouble using that property for anything. So, we are happy with the condition as drafted. I think it meets what both parties are looking for. You addressed the federal jurisdiction. We have agreed to that condition. It's number four. Oh, the limitation that the -- the recycling use is limited to 36 acres. That's in Section 4.8 of the amended development agreement. It clearly states it's in that area. That's the only place this can happen. So, the -- the exhibit side -- it's in the body of the development agreement. Murgoitio: Regarding the -- Mike Murgoitio. Timber Creek Recycling, LLC. 7695 South Locust Grove, Meridian, Idaho. The trash that's in those pictures, we have a process in place to take care of that. So, there is a cone identified with each load. So, when they -- when they check in they write down their load and load number and, then, we isolate a cone with that load and, then, it is inspected at the end of each day and, then, any trash is removed out and anytime we grind we also remove the trash as well. So, there is a process for trash being removed and it is documented. Then also on the north section, Brighton owns the property to the north, so we do not have sole control over the properties for -- for this development agreement if it triggers that with a -- you know, a development with Brighton Corp or -- there is a CUP right next to us, that would trigger that. We don't own that. As far as the manure smell, we did haul manure. You know, we have a feedlot. So, we hauled manure on that pivot and it probably did smell like manure, you know. We -- we did it as a soil amendment. So, yeah, I didn't -- I don't know what to say about that other than that. Yeah. Leaves will remain on site on the 36 acres. Ten year max. We're good with that. Yeah. I think that's what I had to add. Yeah. Cranny: So, in summary, we are trying to be good neighbors. Understand the neighbors aren't happy. They don't like this use. It's not the ideal -- idealistic pasture. So, we -- the development agreement provides certain uses that can be done by Timber Creek. Those uses are very broad. This agreement narrows those, puts more concrete limitations, so in some means we are baffled at the opposition. If this -- you know, because if this -- if Timber Creek is going to come, they still have this pretty unfettered use of their land. So, I think at the end of the day this benefits them more than it hurts them. That said, we are just looking forward to moving ahead doing our best to be good neighbors, comply with the development agreement, and just do the best we can and hopefully everyone's happy and we will be back in ten years if needed. Any questions? Borton: Thank you. Council, any questions? Milam: Mr. President? Borton: Mrs. Milam. Meridian City Council Meeting Agenda December 4, 2018 – Page 48 of 445 Meridian City Council November 20, 2018 Page 42 of 74 Milam: Regarding the berms, I didn't hear -- you said you were going to put berms, but are they real berms or manure berms? Murgoitio: Well, they were dirt berms capped with mulch is half inch of fine mulch, which we sell for -- for, you know, cover for many landscapers. In fact, right along Overland Road -- our product is alongside Overland Road as -- on a berm, so -- and add to that -- as far as our land, I think we have to turn in the landscaping plan. Cranny: So, as a condition we have to comply with the requirements for the berm. They have to meet certain -- basically meet city code requirements. Thank you very much for your time. Borton: I have got a question for you. Cranney: I'm sorry. Borton: Paragraph ten that's in front of you. One clarification. Well, maybe two. So, as it reads: All mechanical equipment, excluding all private or commercial vehicles. So, the way I read that -- and maybe for clarity, if that clause, excluding all private or commercial vehicles, were in parentheses, would that accurately clarify it -- that, in fact, all mechanical equipment and operations power driven processing equipment, et cetera, and other outdoor activity on the recycling property, shall be -- I wouldn't want there to be confusion down the road that the exclusion is broader than all private or commercial vehicles and I think that's what you intend and I thought parentheses might clarify that. Is that correct? Cranney: I didn't follow your question. I'm sorry. Could you reiterate? Borton: Yes . The only thing that is excluded from paragraph ten is all private or commercial vehicles. The exclusion doesn't cover the remainder of it and I thought parentheses might make it more clear, so someone down the road isn't led to believe that excluding all of that long list isn't subject to the 300 feet. Cranney: I understand your comment. Thank you. President, yes, I agree. I mean we could relocate it to the end of the paragraph or put in parentheses -- Borton: Or put parenthesis around it. Cranny: -- whatever works to best make that more clear. Yes. Borton: Is that -- is my understanding correct? Cranny: Your understanding is correct with the intent of that clause. Meridian City Council Meeting Agenda December 4, 2018 – Page 49 of 445 Meridian City Council November 20, 2018 Page 43 of 74 Borton: Okay. I appreciate that. Is there any -- is there any property that abuts the recycling property as described in that paragraph ten that isn't currently residential, whether it's in the city or county? Cranny: I don't know. I have not looked. Borton: Here is the reason I ask is there has been questions about removing the red portion within the City of Meridian and -- oops. And having it -- that sentence and that -- that prohibition of those certain activities, which shall not occur on recycling property or that they shall be located at least 300 feet from abutting residential districts and if all abutting districts were residential currently, you're not at risk of -- of perhaps having county ground that is, you know, commercial now, but in the future the county could change that use to residential, which outside anyone's control here would, then, trigger the cessation of your use, so -- because all residential now you probably could take out the red portion. Cranny: So, just for clarification, the 300 feet doesn't terminate the use, it just draws a line where that equipment can operate. It doesn't -- it's not the -- it's not the thousand foot termination of all use, it's just a limitation -- you draw a square 300 feet, is -- am I -- that's my understanding of that clause. Borton: I -- that's a -- yes. Cranny: Okay. Borton: Termination use meaning within the -- Cranny: Okay. Borton: -- no go zone you can't use it if it abuts that -- abutting residential districts. Just didn't know -- it didn't sound like there was -- I was unaware of any county ground that was zoned otherwise -- other than -- Cranny: So, I just informed -- the county south is RUT. I don't regularly read the county code and the zoning, so I don't know what the permissions are. I'm assuming residential, because neighbors live there. I don't know if it's zoned residential or if that's something quasi -- I can't answer that question. Borton: Okay. Okay. That's fair. That's something we can look into pretty quick. Cranney: Yeah. So, I'm sorry, I just can't -- Borton: Mrs. McKay might have an idea, but -- okay. Thank you. Cranny: You're welcome. Meridian City Council Meeting Agenda December 4, 2018 – Page 50 of 445 Meridian City Council November 20, 2018 Page 44 of 74 Borton: Council, any questions from that? Becky, if you could -- I sense you want to provide a little answer input on that. McKay: Mr. President, Members of the Council, Becky McKay. Engineering Solutions. 1029 North Rosario. The properties around that are rural-urban transition. RUT is the designation, because they are within areas of city impact. That rural urban transition zone is basically an agricultural holding zone that when urban services become available, then, the properties can be rezoned to some type of residential zoning designation. Borton: Okay. McKay: But the principal permitted use in the RUT is agricultural uses. You can also have residential uses within, you know, we call them, you know, rural -- rural estates or, you know, they are five acre lots, some are ten acre lots, depending on when those subdivisions went in and whether they were within an area of city impact or outside an area of city impact. Borton: Okay. McKay: But as far as any -- are there any R-1 zones, county zones that adjoin this? No. Borton: Okay. McKay: No. Borton: But -- but -- but residential is the default use for those properties adjacent for now? McKay: It's -- yeah. Rural urban transition is what they -- what it's -- and, like I said, it's defined as a holding zone until such time as city services become available. Borton: Thanks, Becky. McKay: Thank you. Borton: Appreciate it. Anyone else? Any questions from Council? Cranny: Thank you very much. Borton: Thank you. So -- so, one of the things that we do -- I see a hand up there, but I'm going to answer your question by not answering your question probably. Hang on a sec. Procedurally what we do is we have all the public comment and the applicant always gets the last word, which might be frustrating, but we apply that rule across the board in every process we use. Every now and then we get invited to reopen it and we Meridian City Council Meeting Agenda December 4, 2018 – Page 51 of 445 Meridian City Council November 20, 2018 Page 45 of 74 have done two in the morning with good intentions toggle back and forth. So, Council, your direction at the -- the presentations have been closed, unless you want to provide additional public comment. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I recognize that often that leads to 2:00 a.m. meetings, but I am one that's supportive of allowing the public to speak. I would encourage -- if somebody has a very brief clarifying question they want to bring, that I would encourage you as the chair to use your discretion as to what you think is best, recognizing that this should not become a back and forth with a public speaking and an applicant speaking then a public speaking and an applicant. That doesn't benefit anyone here tonight. So, I would yield to your discretion, but I'm supportive of the public having the opportunity, if they have some clarifying questions, that they would be given that opportunity. Borton: The hand was raised with zest, so we will see if this works. Come on forward and -- hang on. Wait until you get up up here. And I appreciate you kind of understanding where we are coming from with just from the process. Edgar: I understand that, too. Todd Edgar. 1410 East Gravel Lane, Meridian, Idaho. 83642. So, I just wanted clarification on the ten years, because in the staff's recommendations at the very beginning was ten years hard stop, not ten years maybe we come back and renegotiate, maybe we do this, maybe we do that. As a ten year hard stop. And, then, I would like clarification on the landscaping that we are all -- have been talking about, the piles of landscaping today are maybe here. We have 30, 40 feet. So, I would like clarification on what's this landscaping pile looks like and when will it be implemented. And that's the only two things I wanted to clarify. Borton: One is maybe -- the applicant gets the last word and perhaps you want to answer that real quick. I will answer the ten years for you is the ten years is a hard stop. An applicant is allowed to come forward and make a request, but it's in the sole discretion of the city as to whether or not a request for any continued use were to be granted and what conditions could be placed should a continuance be allowed. Cranny: President, Council Members, that is a correct summary of our understanding of the clause. Ten year hard stop, but the applicant can come back and petition for more time. I envision something similar to what we have done now. Come back, we will talk to you, have public input and the Council will decide whether or not to allow these to continue or not. But it's a hard stop unless you agree to extend it. Borton: Can I make a suggestion on that? Cranny: Yes . Meridian City Council Meeting Agenda December 4, 2018 – Page 52 of 445 Meridian City Council November 20, 2018 Page 46 of 74 Borton: To -- to change the language a little bit on the fly, but it might be beneficial if the ten years is a hard stop, to have a date by which an application to continue use be submitted. Perhaps nine years -- you know, 12 months prior to the expiration the city receive the application. That way all this work can be done, the public can have input, should any extensions be considered, that the Council at that time and the applicant would know an answer before the ten years. Cranny: Ten years. That sounds reasonable. Borton: Okay. Cranny: I'm happy with that. So -- yeah. So, if we can get that language put in and review that would be great. And, then, the question to the berms. The conditions do state, I believe, that the berms must be up before the tier two composting can commence, except for pilot programs required by DEQ to basically test the process. Borton: Thanks for the clarification. Council, any questions from that? Thank you both. Cranny: Thank you. Borton: Counsel, if I -- if I could -- it's almost -- it's 8:45. I will ask that we take a -- maybe a ten minute break and, then, come back. We have heard all the testimony from the applicant and the public and, then, proceed. Perhaps Mr. Nary might have some language working on -- and we can discuss it then. So, we will take a ten minute recess. So, we're not in recess. I guess I'm going to answer this. Yeah. Still recording. I can't hear you. Can you come forward. Sorry. Are you asking to provide testimony? Do you see the problem that we create when we do that, though? Woman: Yeah. So, that's what I'm asking. I didn't -- I was going to raise my hand. I thought you were going to hear from a couple of us, but we are done. Is that -- Borton: Yeah. Woman: Okay. Borton: Yeah. We are. Thank you very much though. Will be in recess. (Recess: 8:46 p.m. to 8:58 p.m.) Borton: We are back on the record. This is still Item 9-B, H-2018-0042. We have heard from the applicant. We have heard from the public and the applicant's concluding remarks. What you have on the screen before you I think -- Mr. Nary, correct me if I'm wrong, is this the current status of what at least has been discussed through today's hearing? Some of the changes? Nary: Yes , sir, Mr. President. What I have sent -- and the clerk has posted it up on the screen and Council -- is the conditions you have previously seen that are in your packet. Meridian City Council Meeting Agenda December 4, 2018 – Page 53 of 445 Meridian City Council November 20, 2018 Page 47 of 74 We have -- I made some amendments as I have discussed with you in number one -- again, there is a hard stop at the ten years. There is a requirement to request renewal one year prior to the expiration of the use, as was discussed, and, then, if the Council doesn't grant the extension then the use ceases. If they don't request the extension, the use will cease at the end of the ten year period. Number two is now deleted, because, again, that was an error that was being considered. It didn't have anything to do with this portion. So, that's now deleted. So, what is now number two hasn't been changed based on the agree -- or the discussion. What is now number three hasn't been changed in relation to the discussion. Same as number four. You go to the next page. The one that is number five -- oh, excuse me. Four was the one that was changed. I apologize. Let me see if I could find it. Oh. Excuse me. It's what's now number three is the section that says before and after process -- the recycled materials before and after processing shall be stored on the recycling property and after processing may be used on the balance of the property. So, that was the language change in that one. The next language change isn't until we get down to number 12. Excuse me. Now, it's number 11 based on the renumbering. The applicant shall provide a detailed site plan as an Exhibit B of this agreement to the city, defining the area of the recycled property area, the location of the recycling equipment, the farming property and the remainder of the property related to this development agreement. The recycled property shall not exceed the identified 36 acres in total. The only provision I haven't amended, because I wasn't clear from the Council's discussion, is what is now number nine and that's where it says the recycling property shall be located at least 300 feet from abutting residential districts within the City of Meridian and there, obviously, has been discussion on both sides of that and that's the only one from my listening to the discussion and the testimony that is still unclear to me if the Council wishes to change that. Borton: Thank you, Mr. Nary. Bernt: Mr. President? Borton: Mr. Bernt. Bernt: I would be for striking that last portion and -- and just -- and stating -- where did it go? Did it just leave? Oh. Okay. As set forth in the city -- you struck it. We are good. Palmer: Mr. President? Bernt: Sorry. I'm sorry. I guess now it's number nine. I apologize. It's sort of confusing to look at. Within the city -- within the City of Meridian. I would be for striking that last blue portion and just stopping with the period after districts. Sorry, Mr. Palmer. Borton: If we could real quick, let's kind of take these one at a time. If there is other Council comments on that consideration -- any thoughts for or against that change? Palmer: Mr. President? Borton: Mr. Palmer. Meridian City Council Meeting Agenda December 4, 2018 – Page 54 of 445 Meridian City Council November 20, 2018 Page 48 of 74 Palmer: So, what would that effectively do? Would it mean that, hey, you're done as of the moment we approve this because there is or with a new one? How does that work? Borton: Oh. Go ahead. Nary: I was going to say, Mr. President, Members of the Council, Council Member Palmer, from what -- from the way this reads it simply means the equipment can't be within 300 feet of any residential district. So, it may require they move the equipment. It doesn't prohibit the use, it only prohibits where the location of the equipment can be. Palmer: Mr. President? Borton: Mr. Palmer. Palmer: Then on -- on that I would want to keep it as you have it written. Borton: Any other Council thoughts on this? We can -- we can chew on it. We can move on. Bernt: Just one last thing. I just think it eliminates a lot of confusion, you know. Just -- it's not as messy. It's very to the point, direct, zero confusion what that statement can be depicted as. So, that's the reason why I choose to strike that last blue portion for clarification. Borton: I was generally an agreement. The reason for the question, Mr. Bernt, is I agreed with that concept and it sounded like in that good neighbor fashion that -- that the desire to not locate those types of items within 300 feet of a residential district is to be a good neighbor to residences and -- and that desire exists whether or not they are within the City of Meridian. So, if there is a residence within the county that is still within that distance, that the applicant would be required to back it up to benefit both -- so, it probably would say 300 feet from abutting residential districts or -- in the city or in the county, inclusive of an RUT zone, which is the county designation that has current residential uses. Bernt: Very clear and concise. Borton: We can chew on that. Mr. Palmer, you had another comment you wanted to make? Palmer: Yeah. Mr. President, on -- on the one where you added the -- the provision about them having to apply for a new modification of the development agreement or whatnot with a year left before the ten years is over, would that really be efficacious or can they apply for a development agreement modification the day before anyway, because -- would that remove their ability to -- to try to amend the -- the DA? So, can't you always apply for something anyway? Meridian City Council Meeting Agenda December 4, 2018 – Page 55 of 445 Meridian City Council November 20, 2018 Page 49 of 74 Borton: Well -- so, here is the -- the thought behind that process. It's somewhat similar to when you -- you have a lease and you -- you renew a release and you have to provide notice to a landlord, you know, within a certain timeframe before the lease expires. The idea so all the parties can make appropriate plans if, in fact, the lease isn't going to be continued. So, the concept here would be if the lease -- or, excuse me, if the use is intended to expire at year ten, then, let's have whatever review -- if there is ever going to be a review -- requested, completed during that last year, so the applicant would have a decision and the public would know up or down before year ten. So, for example, an application is provided and it runs its course and it's nine and a half months and if there is a decision that the use expires, now the applicant knows he's got six more months and can make appropriate plans. So, it really benefits everybody. Or if an application to continue is not made and, then, we know the intent of the applicant is to have the use cease in the normal course, the expiration would occur, and they can make plans accordingly, so -- Palmer: Mr. President? Borton: Okay. Mr. Palmer. Palmer: And I totally agree that that would be the way to do it, because it makes the most sense to plan that far ahead and whatnot, but does it -- does it tie everybody's hands if they were to get to say six months out, could they not, then, try it -- obviously it makes more sense to do it a year, especially if we are asking them to, but isn't it, essentially, just asking them to. If they get to six months and say, hey, you know what, we would like to continue this, can they, then, apply to Council to do that understanding the Council may be more heavy handed -- like you didn't apply at a year or we are not going to do it, but what if that Council says, yeah, it makes more sense. Nothing has happened. There is no more progression. We are not anticipating that. There was no more progression of -- of, you know, the normal density of houses coming that way. Yeah. You didn't apply six months ago, but it makes sense to go ahead and do something. Continuation. Couldn't they do that? Borton: Mr. Palmer -- Palmer: I didn't understand -- Borton: Sure. Palmer: I want it in there, but I want to understand what it -- Borton: Mr. Nary might -- might take this one. But my -- my thought on that provision and with the applicant's agreement to it, but it's a hard stop. If you truly have the intent to continue that use, everyone, with eyes wide open, knows the deadline. These are large capital expenditures. If there is going to be a request to continue that that type of deadlines shouldn't be overly prejudicial or come as a surprise and I think the applicant Meridian City Council Meeting Agenda December 4, 2018 – Page 56 of 445 Meridian City Council November 20, 2018 Page 50 of 74 has agreed to comply with that. It probably makes everybody see every -- any request a little earlier, which is probably better. So, if there is a ten year term expiration and there is an application the day before the ten year term expires and, then, the application processes and get -- gets continued, now really you got 11, perhaps 12 year term, even with good intentions, but that's really not the intention of this hard stop. That was the reason for the -- trying to put that -- an earlier kind of noticed trigger on behalf of the applicant. Nary: Mr. President? Borton: Mr. Nary. Nary: Maybe it -- to add on to that point, Councilman Palmer, the reason I put the language in here that it says that -- that the activity shall cease and the -- the application to apply for an extension shall be at this time, does not give any wiggle room to the time period for this use. You are correct in a development agreement you can always come and ask to change other provisions of it that may be relevant at the time, but for this particular use, because the specific languages in here, it would be my opinion -- and, hopefully, ten years from now it would be the same opinion -- is that that's what everybody agreed to. It was a ten year stop. If they wanted to renew it they had to come at nine years, not -- not -- not a little less than nine years, not just right before, but nine years. So, that's -- that would be my intention. That's what I would read it. I don't think you would read it differently in the future. So, that was our reasoning for putting in shall. Borton: Thank you. Good question. Council, any other comments? Milam: Mr. President? Borton: Mrs. Milam. Milam: What does it really take a -- do you think it would really take a whole year? I mean is that -- that whole year necessary or -- Borton: You never know. Milam: Six months you -- you should do it at nine years, but shall be no later than nine years six months. That's a should shall thing. Borton: I didn't -- I didn't have any heartburn because the applicant was in agreement. Milam: Okay. Borton: So, Council, this is -- for a brief recap, that a project previously approved, conditions of approval, which are being reviewed before us now for consideration, in Meridian City Council Meeting Agenda December 4, 2018 – Page 57 of 445 Meridian City Council November 20, 2018 Page 51 of 74 some form would be conditions that would apply to the -- the approved project. Is that correct; Mr. Nary? Nary: Mr. President, Members of the Council, yes. So, what -- what we would intend is, obviously, to provide this to the applicant. Everyone needs to read it, since we have been writing it as we are speaking, make sure it's clear. I would suggest you put it out for two weeks, we would bring it back again with findings of fact, conclusions of law, decision and order, along with these conditions that will, then, become part of a new development agreement that once that's -- the findings and conclusions and conditions are approved, we will, then, craft a new development agreement with these conditions contained within it for signature by the applicant. So, if we get those out in two weeks -- or have this back on in two weeks, that would give them time to review it. If there is any lack of clarity or any concern, then, in two weeks we would have that discussion with you, but for all intents and purposes tonight we are simply asking if these conditions look like what your intention is, we can, then, finalize the documentation to bring it back in front of you for approval. Borton: Mr. Nary, in that regard, are you -- are you -- are we in need of a vote on the conditions with direction if something were to be approved for those -- approved conditions to come back in two weeks or is it -- Nary: It's okay. Borton: Okay. Thanks. Nary: And maybe if I could add, Mr. President, Council, so if your motion is to bring back, again, the document that's up on the screen in front of you, I have made -- the only thing that's changed from what's up on the screen in front of you is the deletion on what is now number nine and I deleted the -- the within the City of Meridian and now it reads from abutting residential districts in this city or a county RUT zone and that's the only change from what's up on your screen. Borton: So, Council, that circles us back to that provision. If you want that type of change we have heard from two council members -- or three or leave it as presented. Any thought? Little Roberts: Mr. President? Borton: Mrs. Little Roberts. Little Roberts: I would concur with striking that and doing the change. I think being the best possible neighbor and, like you had mentioned regarding inclusiveness -- inclusiveness regarding your address necessarily, so that we would strike that and add the new language. Meridian City Council Meeting Agenda December 4, 2018 – Page 58 of 445 Meridian City Council November 20, 2018 Page 52 of 74 Borton: Anybody else? It sounds like there is at least majority consensus to make that change to paragraph nine. Palmer: Mr. President? Borton: Mr. Palmer. Palmer: While we still got the public hearing open and -- can we ask the applicant if they got a -- an opinion on -- or any extra insight that would be valuable for us to consider between now and when we actually vote on whether that happens on that point? Borton: On that narrow issue we could, if the applicant -- Cavener: The public hearing is still open. Yeah. Borton: The public hearing is open. If the applicant has -- is in agreement to that modified language at the end of paragraph nine, trying to capture the intent of keeping those uses away from residents, regardless of what jurisdiction they would reside. Cranny: So, initially -- a little bit of concern with -- Borton: Go ahead and state your name again. Cranny: I'm sorry. Justin Cranny. 877 Main Street, Boise, Idaho. Timber Creek has some concerns with adding the RUT language and the residential language for all purposes, simply because it takes the 36 acres that Timber Creek has agreed to work on and reduces it materially to about 30, that carve out. We are happy to do it. We just -- the 36 acres, if we have agreed to bring all the -- excuse me -- all the materials onto the recycling property and keep it on there until it's processed, those six acres really would be beneficial for the storage. It gets a little tight. That's the concern that Timber Creek has. If we could come to some -- if there is some other means we could keep the 36 acres and address it somewhere else, push it on the north side of the canal and keep it -- the 300 feet on the sides of the property, but give us a little more space so we keep the 36 for storage, no problem. It's just by pushing the 300 feet all the way around the property it carves that 36 down and makes it difficult to store and process and keep it all in that area. Borton: So, some of your current uses or anticipated uses on paragraph nine, if approved as you would propose, would be within 300 feet of a residential county property. Cranny: Potentially, yes. There would be the berm and, then, there would be where they store the -- the processed material, because we have agreed to take all that material, process it, and, then, store it on site. Meridian City Council Meeting Agenda December 4, 2018 – Page 59 of 445 Meridian City Council November 20, 2018 Page 53 of 74 Borton: So, the change required simply those materials to move no more than 300 feet to -- to comply with now the new requirement of being at least 300 feet from any residential district. It didn't seem like it was that drastic a change. Cranny: On the southern edge, for example, the -- as the canal dips down quite a ways and if you go 300 feet across, it cuts off a big portion of that area that would be used to store the processed or unprocessed material and so it cuts into the acres that we could use to store the property -- the material. So, in an effort to try and clear this up, we -- Timber Creek agreed to keep everything on that site. That acreage was just shrunk on us. So, it makes it a little more difficult for us. Bernt: Mr. President? Borton: Mr. Bernt. Bernt: Just -- I don't -- just to clarify, Justin, I don't think we are talking about like trucks or anything. I don't think -- I don't -- you know, you can drive whatever you want. If you want to drive with your trucks, material, from point A to point B to store it, I don't think we are talking about that. I think we are just talking about big processing equipment and operations. That's -- that's the -- we are not -- we are not talking about storage, we are just -- we are just talking about big processing equipment. Cranny: Within 300 -- so, no processing 300 feet, but we could -- but permit storage. That's acceptable. Bernt: Mr. President? Borton: Mr. Bernt. Bernt: So, the -- I'm just reading the old provision number ten or condition number ten. I don't know what it is now. What is it? Number nine now. It says -- so it says add provision -- all mechanical equipment, excluding all private or commercial vehicles. That's in parentheses, like Mr. Borton asked for and operations, power driven processing, equipment and operate -- so, that's -- that's -- that's the big stuff. I mean that's like -- you know, like the stuff that makes a ton of noise. Cranny: So, the grinder. And that's fine. The 300 feet -- none of the grinders are within the 300 feet. The concern is a backhoe, a Cat, that's the concern, because they are going to use a Cat to move stuff. Palmer: Mr. President? Borton: Mr. Palmer. Palmer: And continuing the paragraph it says power driven processing equipment and operations, shipping and delivering areas and other outdoor activity on recycling Meridian City Council Meeting Agenda December 4, 2018 – Page 60 of 445 Meridian City Council November 20, 2018 Page 54 of 74 property shall be located at least 300 feet -- so, really, it's any -- anything that you're doing on the 36 acres is 300 feet away from -- Cranny: So, with the three to six acres and, then, that -- anything 300 feet within a residential district we can't touch. So, 36 less whatever's on that 300 feet and that's -- that's, again, kind of the quagmire that they are facing right now is want to be good neighbors, but that makes it difficult. Palmer: Mr. President? Borton: Mr. Palmer. Palmer: So, those -- say that southern property were to annex and development into the city and now with -- with that as it's written on the screen, not necessarily as you've changed it, Mr. Nary, but as it's written on the screen if -- if that property were to -- to annex and develop as residential, then, you would cut off at six acres with this writing or that writing, but when we add the -- or Ada county or whatnot, that does it now. So, we are either shrinking it from 36 acres or we are not. Cranny: So, on the southern edge here, if you look at the map itself now, I mean you see how the canal ditch clear south and -- I mean very close to the road and -- and if you use RUT language it's gone. Borton: Is it gone or is it just moved -- Cranny: Well, it's not gone, but it will be -- as drafted, the condition, we can't do any recycling activities within that 300 feet. Murgoitio: We don't need to put the grinder down in that area. There is no purpose for it. So, that was some of the neighbors' concerns is I could put the grinder right down next their house and, you know, cause an issue. We don't -- we don't need to have it that close. Borton: So, if some -- is some of the concern that uses within that paragraph nine that currently exist, which with this proposed change you would have to move what structures or -- or -- or is this a more cumbersome move? The 300 feet? Murgoitio: We just wouldn't allow them to be -- put our -- put our products there in the pile there with loaders and -- and -- and stock pile it there is what my concern is. I want to be able to stockpile kind of down in this area and the retail area is over here as well, so I think we would be pretty close to that 300 feet around that other district there, so just got to be real careful -- you know, if we are going to be stock piling in the retail area and stock piling down below, it would require a loader. Borton: I thought it was an easier suggestion, perhaps, because it just seemed as though that whatever those activities are, that they could simply, in this context, move Meridian City Council Meeting Agenda December 4, 2018 – Page 61 of 445 Meridian City Council November 20, 2018 Page 55 of 74 north, you know, up to 300 feet to try and, you know, be neighborly to the county individuals. It sounds like you're saying that that -- those types of activities are difficult to move north 300 feet. Palmer: Mr. President? Borton: Mr. Palmer. Palmer: I think it's not that there is super heavy grinding or any activity there, it's that the -- the paragraph wording to this nonlawyer looks like he can't do anything with what they are doing. He can't store stuff, because he would have to move. He can't drop stuff off, pick it up. Cranny: And that's essentially -- I mean, essentially, it's a 300 foot dead zone for any recycling activity. Now, if this was 300 feet away, great, or, you know, less, but this -- again, we -- Timber Creek has said we will take all the recycling material that comes on the property and we will keep it on the property, but we need storage. We need to store it somewhere and this carves out a huge chunk of storage space that we can't use a Cat or a front loader to move it around and use it. So, it's a dead area, which is intended -- the 300 feet needs to be -- that's the purpose of the statute, you need this dead area as a buffer. So, you know, two options. We can store things there as an option A, maybe as a good option, or, B, to the north side of the canal, let's maybe if we can store things -- items up there -- just store it there, so we can have that 300 foot. So, draw 300 feet around the entire recycling area and, then, allow for storage north of that canal. Murgoitio: Or we could just draft some language that said the grinder could not enter 300 feet on the border of the property, just as simple as that. That seems to be the bone of contention with the neighbors is the grinder. So, just limit the language to the grinder to kind of keep it away from making noise close to their property line. Borton: Hang on a sec. Council -- I appreciate that. Council, any questions? Bernt: No questions. Borton: We clarified the response on paragraph nine. Cranny: Thank you. Borton: Thank you. Bernt: Mr. President? Borton: Mr. Bernt. Bernt: Just to clarify as well. I -- if we continue this another couple weeks, so we can process this and read this and become familiar with it, will the public have another opportunity to have comment in two weeks during the public hearing? Meridian City Council Meeting Agenda December 4, 2018 – Page 62 of 445 Meridian City Council November 20, 2018 Page 56 of 74 Borton: It's up to the -- to the Council. If the Council today can close the public hearing in an effort to try and move things along, provide direction to legal staff to bring back the clean version he described and have deliberation, then, or Council can move forward today. It's up to your pleasure. Palmer: Mr. President? Borton: Mr. Palmer. Palmer: Mr. President, Mr. Nary, would it complicate things if we were to say we like your changes, to approve them, and, then when it comes back with the -- the real find -- findings and approval and whatnot, that if there was any concerns by yourselves or -- or the applicant wanting to tweak something, that we -- we reopen it to make those adjustments? That way if we like the language now, we approve it as it is, then, if there is no problems when we get to that, then, we can just approve that and move on, because every time the word continue happens I see heads from both sides of the room start swiveling. So, it seems like everybody wants some finality, whether -- whatever it may be. Nary So, Mr. President, Members of the Council, Council Member Palmer, I guess I -- what I -- what I'm asking for is some clarity. If -- if you're still not comfortable that this language is the intention of the -- of the majority of the Council, then, we need to make sure we have the majority of the Council's approval of what you want it to be. But I don't want to leave it open to, then, potentially reopen it in two weeks, because, again, the issue of whether or not the public should have been allowed to weigh in or not may become a question. If -- if you're not comfortable that this is the language or as Council Member Bernt said, maybe he wanted some time to chew on it, that's fine, you can continue it for only your discussion. You can close the public hearing. You -- only your discussion in a week. If you want to -- and, then, determine if this is the language you want. If you want to reopen it at that point, because you need more information, that's fine. Again, I -- I don't want to leave it to simply saying go craft it and if we are all good with it it will be fine, because I -- I don't know -- I guess I'm not totally sure everybody's in the same mindset at the moment and it does make it very murky to try to get to some finality. I mean if the -- is the language in here -- again -- and I understand where Mr. Cranny is coming from. If you look back at what is now number three, it says you may store the -- the products on the recycling property in number three and now a number nine it's saying that other outdoor activity, which would be storage, is not allowed on the recycling property. So, there is a conflict. So, I understand the Council's intent and I understand what Mr. Cranny is saying and, again, I'm not clear if the Council wants to create a 300 foot all the way around this, if that's your desire, then, does the 36 need to move to -- further north as part of it. That's the clarity I don't know. So, I don't know in two weeks that we could clarify that for you in language. I think we need that direction from you and if you're not ready for that tonight, that's fine, but I don't think I can clear it up otherwise. Meridian City Council Meeting Agenda December 4, 2018 – Page 63 of 445 Meridian City Council November 20, 2018 Page 57 of 74 Milam: Mr. President? Borton: Mrs. Milam. Milam: So, I'm comfortable with all of the language, except for number nine and I don't feel like we have clarity on that, that it would make it 350 feet and include Ada county property or change the layout and, then, change the language to take some of these things out and allow everything except for the grinding or processing or leave it the way it is. Palmer: Mr. President? Borton: Mr. Palmer. Borton: Yeah . I would say that we close it, continue it to give you a chance to do that, but that you fix the language, so that the grinder can't happen within 300 feet, but that storage and other movement and other activities can take place. Borton: So, to be clear, this paragraph nine would read as it does now, still have those prohibitions, but perhaps add an additional prohibition that would -- so, it would include within the City of Meridian. Period. But the grinder location couldn't be within 300 feet of any residential district, city or county? Palmer: Mr. President? That would be my intention. Milam: Mr. P resident? Borton: Mrs. Milam. Milam: And, then, removing all of the other stipulations in there; right? So, it could -- because the way it's written with any -- he can't use the property at all. If we -- if we extend this to Ada county, 300 feet of anything, that means you can't store anything, because we can't use a machine to go pick it up. Borton: Yeah. I think that -- Milam: Is that what you're saying? Borton: Yeah. I think the -- Milam: Is that what you are saying? Borton: Yeah. Milam: Eliminate the others. Meridian City Council Meeting Agenda December 4, 2018 – Page 64 of 445 Meridian City Council November 20, 2018 Page 58 of 74 Borton: What I think Mr. Palmer is saying is don't make that change now. Read it exactly as it is here, so it -- the residential district prohibition is still limited to within the City of Meridian and, then, add an additional sentence which speaks to the grinder. Milam: Add to -- Borton: Kind of a -- Milam: So, the grinder within the county and all of these within the city. Borton: Mr. Nary, is that somewhat clear? Nary: Yes. Borton: Okay. So -- Milam: In addition, a grinder cannot be within 300 feet of any house, whether in -- Palmer: Mr. President? Borton: Mr. Palmer. Palmer: I just want to brag that I saw a couple head nods. The first of the night. And I believe it was my suggestion. I mean there is some -- some swivels, too, but a few nods. Borton: Council, any other questions? There has been a suggestion to close the public hearing, bring it back in a couple of weeks with the comments that have been made by Council and Mr. Nary's changes. What's your pleasure? Palmer: Mr. President? Borton: Mr. Palmer. Palmer: I move we close the public hearing on Item 9-B. Milam: Second. Borton: It's been moved and seconded to close the public hearing on H-2018-0042. All those in favor say aye. Any opposed? Motion passes. MOTION CARRIED: ALL AYES. Palmer: Mr. President? Borton: Mr. Palmer. Meridian City Council Meeting Agenda December 4, 2018 – Page 65 of 445 Meridian City Council November 20, 2018 Page 59 of 74 Palmer: I move we continue the public hearing -- it is still a public hearing -- continue the item until December 4th. Borton: You want to give some direction to Legal? Palmer: With those -- Nary: Mr. President, Members of the Council, Council Member Palmer, are you wanting to simply review the language for final approval? Milam: Yeah. Nary: Because if that's the case -- oh, we have to -- I'm sorry. I forgot. The 27th is actually for tomorrow. So, yes, I would prefer we have it the 4th for you to do that. So, that way Mr. Cranny can look at it as well. So -- so, I think you said December 4th. I think that would be best. Borton: Mr. Nary. Just so the direction, though, that a vote be taken tonight on those conditions, to then -- and directing them to be brought back? Nary: Yes . Borton: It's not simply a continuance, it's a vote on substance of what's in front of you and what we discussed. Palmer: So moved. Milam: Second. Borton: Is that a -- Mr. Palmer, is that a motion to approve with these modified conditions or -- motion to approve these modified conditions. Excuse me. Palmer: Correct. With the -- with what's on the screen, with the addition of how we worded that with that extra sentence, ensuring that the grinder won't operate within 300 feet of city or county residences, but the other operations can still take place as depicted on the screen. Borton: Second agree? Milam: Second agrees. Borton: It's been moved and seconded. Mr. Nary, is that clear enough for the direction of this pending motion? Nary: Yes, sir. Meridian City Council Meeting Agenda December 4, 2018 – Page 66 of 445 Meridian City Council November 20, 2018 Page 60 of 74 Borton: Okay. Any discussion of Council? So, Mr. President? Borton: Mr. Bernt. Bernt: We are going to vote on something that we haven't even seen. Like -- I mean I - - we are looking at it right now and I -- I -- just for clarification, I -- are we going to vote on what we are seeing in front of us right now as something that's for approval? Borton: Yes. That's the motion before you. Are these proposed conditions to be the conditions applicable to this project, with perhaps -- Nary: So, Mr. President, Members of Council, Council Member Bernt, you are voting on the conditions as you have directed. What you are going to look at in two weeks is to be sure that what I have captured is what you have directed. I believe I have, but that's what you're voting on. If in two weeks you -- you come back and say that's not what -- that's not what I meant, okay, that's fine, but I -- I'm trying to capture the language as you have done it, just to help you with your motion, as your discussion, and there is probably some words I think that's needed, because it is hard to write on the fly, but what I think the intention was to say is all mechanical equipment, excluding all private or commercial vehicles and operations, power driven processing equipment and operations on the recycling properly shall be located at least 300 feet from abutting residential districts. All shipping and delivery areas and storage and other outdoor activities of the recycling property shall be located at least 300 feet from abutting residential districts within the City of Meridian. So, the grinding, the power driven stuff, has to be done there, but there are storage and there is some usage of equipment in the storage area, but it's not the grinding and such. That's what I understood your separation of uses were. Bernt: Why can't we just vote on this in two weeks and not right now. Just have two weeks to look at it and, you know, just to check it out and make sure all the I's are dotted and all the T's were crossed and then -- Milam: We are going to vote on it. Bernt: I just don't understand why we have to vote twice. I think it's silly. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I agree with Council Member Bernt. I appreciate the great work of Counsel Nary encompassing the comments and kind of building this on the fly and, again, perhaps I'm in the -- in the minority on this is that if we are -- if we are adding an additional condition I would also support continuing a public hearing to allow the public to comment on that. So, I recognize that the public has said we don't want to keep Meridian City Council Meeting Agenda December 4, 2018 – Page 67 of 445 Meridian City Council November 20, 2018 Page 61 of 74 dealing with this issue, make a decision, but I feel that I can't support, you know, a vote tonight on -- on what's before, between so many stricken lines and blue lines and red lines -- Bernt: I agree. Cavener: -- it's just not something that I'm supportive of. Borton: Mr. Nary, am I allowed to make a substitute motion -- Cavener: Oh, please. Nary: Yes, you may. Cavener: Because I know how much you love substitute motions. Borton: I wasn't going to, I just wanted to ask. A substitute motion, if someone were to make one, could be to do -- rather than vote on it tonight, the public hearing remains closed, continuing it for two weeks to bring back these conditions for our review and ultimate deliberation and decision. Does that -- it sounds like that might capture what Councilman Bernt and Cavener are -- Bernt: I think it's a perfect motion, with what President -- President Borton just stated. I think it's perfect. Very well said. Cavener: Want him to make that motion. Milam: Then say so moved. Bernt: So moved. Palmer: Second. Borton: It's been moved and seconded, on a substitute motion. Any discussion on that? Cavener: Council President Borton. Borton: Mr. Cavener. Cavener: Before -- before there is a vote I just want to make sure this may be an appropriate time. There is some -- we had some further disclosures that I think are important to be made and I don't know if we want to do that before. I would prefer that we do it before the vote, just to provide greater clarification to the public. Let me pull up my -- and I know that the hour is late and many of you folks want to get home. Earlier tonight in the public testimony Mrs. Britt reminded me of a conversation that we had had Meridian City Council Meeting Agenda December 4, 2018 – Page 68 of 445 Meridian City Council November 20, 2018 Page 62 of 74 -- it looks like on October 4th in which there was some concerns that were raised and I thought it was important, I couldn't recall the conversation, thanks to the clerk for my ability to find that information and I just think it's important for those that are in attendance and those that would come back and watch it for the record, that I just want to address that if -- if the Council could give me a couple of minutes. So, on October 4th at 2:46 p.m. I received an e-mail from Kathleen Britt that stated: Chris -- and I will just give -- unfortunately, I just wanted to read this verbatim. Chris recommended I contact you directly for information regarding the campaign donation from the Murgoitios that you referred to during the public hearing, so that he can provide the record. Could you identify the date and amount of the contribution and the name it was made, so he could provide the correct record. Thank you. Exclamation mark. Kathleen. I responded six minutes later at 2:46: Hi, Kathleen, I'm not sure who is Chris and what record you are requesting. All campaign finance forms for all candidates are on the city web page. At 3:00 -- at 3:00 o'clock Mrs. Britt responded: Chris is the city clerk and, then, at 3:01 also sent -- and so which contribution were -- were you referring to in the hearing. At 3:18 I responded: Hi, Kathleen. Maybe I'm confused. The city clerk is C.Jay Coles. Are you referring to the county clerk. His name is Chris Rich. I'm not sure campaign finance forms for the city our housed on the county web page. I'm happy to help, but want to make sure we are talking about the same thing. My cell is 208-695- 4536. Feel free to give me a call. And I think it is important just to add for the record, because this wasn't initially included, but at 3:20 p.m. I received an e-mail from Chris Johnson, who is our new deputy city clerk, that said: Good afternoon, Luke. A resident Kathleen Britt may contact you to inquire about your campaign finance disclosure forms in response to a public record request through are PRR. We have provided her the file we maintain, the declaration of candidacy, treasurer appointment disclosure, etc., for each council member. She has come back today asking about your comment about receiving a contribution for the -- from Murgoitio. We have directed her to contact you for clarification and have advised her since this is an open application you cannot discuss off the record. I think I see what you were referring, but since that would be -- involved you interpreting the record I cannot help her with that. And, then, he links to my campaign finance form. Then at 3:39 I sent an e-mail to Kathleen that says: Hi, Kathleen. It looks like we were getting to the bottom of your e-mail. It sounds like you have had a conversation with Deputy Clerk Chris Johnson. It also appears Mr. Johnson provided you with copies of mine and all council members campaign finance forms. Please see the e-mail from Mr. Johnson where he -- and I write this in parentheses -- I have bolded for clarification, end parentheses, indicated he informed you that because this is tied to an open application I am prohibited from speaking about this off the record. While I disagree and feel that comments about campaign finances are separate and something I'm willing to speak about, I do feel obligated to follow the direction from the clerk and legal staff. In an effort to be transparent, I'm forwarding this e-mail to the clerk, along with the e-mails from today. I will also ask for the opportunity to address this on the record if applicable. I know I forwarded my cell and as soon as possible I would be happy to chat and answer any questions or concerns you have. Best, Luke. So, a couple things I just wanted to show. One, I owe Mrs. Britt an apology, because I confused you with another citizen that had contacted me, so my apologies for that. But, two, I think it also shines a light that the information that we received we responded in Meridian City Council Meeting Agenda December 4, 2018 – Page 69 of 445 Meridian City Council November 20, 2018 Page 63 of 74 kind and I think it sounds like Mrs. Britt heard from numerous people that because this is an open application we can't speak. There is an additional piece that I think is important to add to the record and that is that at 3:44 p.m. I sent an e-mail to our city clerk C.Jay Coles, and I cc'd Mrs. Britt on that it states: Hi, C.Jay. Below is an e-mail between myself and Kathleen Britt cc'd on this e-mail. It sounds like Chris Johnson had some communication with Kathleen in which he shared that I can't speak about the Timber Creek application, because it's still an open application. I think in the light of this it's important to include that e-mail within the record as well. Tonight, because I was having problems with my computer, I asked Mr. Coles if he was able to pull that record up. It was at that time that we learned that for whatever reason that wasn't added to the public record, which is also the reason why I'm reading that all tonight, to make sure that it is added to the record. Again, Mr. Coles was out sick that day, which is why Mrs. Britt dealt with our deputy clerk and -- and very well is the reason why it wasn't added to the record. So, again, my apologies for taking a little bit of liberties, but I thought, again, in light of the concerns that we hear from our public about transparency, specifically related to this, I wanted to go over and above and make sure every element of that was covered on the record in every way possible. So, I appreciate your time and consideration. In addition, one other thing that I think is important to ask, because it was raised by legal counsel and was my plan to -- to address it at the end of the meeting -- as was indicated, I was not here on the November 7th meeting. Myself and Council Member Milam were at the National League of Cities Conference in Los Angeles. I had an opportunity between a break to watch about half of our meeting live and was able to capture the other half of that meeting when I returned home. Felt confident in my abilities to be able to participate in the conversation this evening, which I have done so as well. So, I thought it was important to add that to the record as well. Borton: Thank you, Mr. Cavener. Any other discussion on the pending motion? Seeing none, is everyone clear what the motion on the floor is? Okay. And it was a motion to go to December 4th. Two weeks. Is that a yes? Bernt: Yes, sir. Borton: Mr. Clerk. Coles: Mr. President, just to clarify, the public hearing is still closed forever. Okay. Very good. Roll call: Borton, yea; Milam, yea; Cavener, nay; Palmer, yea; Little Roberts, yea; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE NAY. C. Public Hearing for Jocelyn Park Subdivision (H-2018-0100) by Jarron Langston, Located near the SW corner of W. Victory Rd. and S . Meridian Rd. Meridian City Council Meeting Agenda December 4, 2018 – Page 70 of 445 Meridian City Council November 20, 2018 Page 64 of 74 1. Request: Preliminary Plat consisting of 23 single family residential lots and 2 common lots on 13.32 acres of land in an R -8 zoning district Borton: Thank you, everybody, for lasting through that. The process continues, so I appreciate all of your input and participation in this. The next item on the agenda, Item 9-C, is a public hearing for Jocelyn Park Subdivision, H-2018-0100. This is an application I had provided to the record to the clerk that one of my law partners has brought forward. We have discussed it. I know nothing about it and will continue to recuse myself in all respects to this application and will turn the hearing over to Vice- President Cavener. Cavener: Thank you, Council Member Borton. Council, Mr. Lakey, some grace. This is my first time holding the gavel. God help us all. We will try and do our best to make this -- through it. So, with that we will open Item 9-C, a public hearing for Jocelyn Park Subdivision, H-2018-0100. We will begin with staff comments. Beach: Very good. Members of Council, Mr. Vice-President, before you this evening is an application for a preliminary plat called Jocelyn Park. Before I start with my initial rundown of the location and what's being proposed, I will say that since the -- there is a memo in your packet there that indicates that we received as staff some revised drawings from the applicant since the October 18th hearing. Some -- some changes were made -- slight changes. I think beneficial changes. I can go through them quickly. The applicant has added a 15 foot micro path from South Cumberland Way to the common lot platted with Timberline Subdivision. This will help in breaking up the block lengths, as indicated by my mouse here. So, it will be a five foot pathway and five foot of landscaping on either side of that and, then, a nonbuidable common lot was placed adjacent to the south boundary of parcel number S125110160. In addition of this nonbuildable common lot will clear up the property boundary dispute between the two parcels and I will go to the landscape plan that is indicated in this parcel here. Currently there is a boundary dispute. My understanding is that the applicant will clear this up in the future by having this be a common lot potentially deeding that property to that property owner to eliminate the issue. Once the applicant eliminates the existing turnaround on West Winnipeg Street, which you can -- you can see in a kind of a dashed line here and the applicant vacates the right of way -- there is also an exhibit attached in your -- in your staff report, but you can kind of see that there is a dashed line across -- physically going through the house. That portion of that property will be -- become part of that parcel once it is vacated and no longer considered right of way. But that -- that turnaround would need to be vacated prior to doing so. The alignment of Cumberland Court as indicated by my mouse here, has shifted slightly to accommodate the ten foot, nonbuildable common lot and as such all the lots within Block 2 have been slightly modified in both shape and size. So, moving back to summary of the project. As I said, this is an application for a preliminary plat. The site consists of 13.32 acres of land. Is zoned R-8. It's located near the southwest corner of West Victory and South Meridian Roads. This property was annexed in 2013 as part of the Victory South Annexation. The Comprehensive Plan future land use map designation is medium Meridian City Council Meeting Agenda December 4, 2018 – Page 71 of 445 Meridian City Council November 20, 2018 Page 65 of 74 density residential. The applicant is proposing to develop the site with 23 single family residential lots and your hearing outline says two, but with the addition of the pathway lot would be three common lots. The gross density of the proposed plat is 1.73 dwelling units per acre, with a net density of 2.62, which falls within the target density of the medium density residential designation. The average lot size is greater than 15,000 square feet. All of the proposed lots comply with the dimensional standards. Staff is of the opinion that the proposed density is appropriate for the area and compatible with adjacent uses and zoning. All adjacent residential uses are zoned RUT in Ada county, R-8 and R-4 and that the proposed zone would be consistent not only with all the surrounding neighborhoods, but also with the Comprehensive Plan. You can see the access is proposed for this site via one access to West Winnipeg Street to the east, which is indicated by my mouse here on this south portion of the property and one to the west, West Cumberland Drive. The applicant is also proposing one additional stub street to the parcel to the northeast for future connectivity and to limit direct access to West Victory Road, which is indicated here with a turnaround. Sidewalks are required along all public streets. The applicant proposes to construct a five foot wide attached sidewalk along internal streets and a five foot detached sidewalk along the entire frontage of West Victory Road. Any existing and proposed fencing for the development shall be included in either a site plan, landscape plan and shall comply with the standards of the UDC. A minimum of ten percent qualified open space is required to be provided for the development based on the area of the development, which is 13.32 acres. A minimum of 1.33 acres of qualified open space is required. The applicant has proposed 19.9 percent open space for the development or 2.65 acres. Also noting that with the addition of that common pathway lot that open space increases slightly. All developments consisting of five or more acres are required to provide a minimum of one site amenity. One additional amenity is required for each additional 20 acres. Based on the size a minimum of one qualified open space is required to be provided. The applicant proposes to provide a tot lot and gazebo as amenities for the subdivision. In the staff report we asked that the applicant provide more specific details of the proposed amenity. These are the conceptual elevations and this is the detailed amenity as requested. The Commission did recommend approval. A summary of that hearing are Victor Villegas was the applicant's representative. He was in favor. There was none in opposition. No other comments. No written testimony. I was the staff member that presented the application. No other -- no other staff that commented. There were no key issues of public testimony. Key issues of discussion by the Commission were location of fencing in relation to the irrigation canal. It's going back to that. This is the Ridenbaugh Canal on the north. There was some concerns about being fencing along there. UDC does require that. Question on is there a requirement to have a turnaround for the fire department on the northeast corner. We have covered that. The applicant has shown that on their plan now. The distance is over 150 feet. The fire code requires there to be a turnaround. Commission changes to staff recommendation is to add a condition 1.1.9 to read as follows: At the east end of West Cumberland Drive the applicant shall provide a turnaround that meets the standards of the Meridian Fire Department. As you can see we just discussed that. There were no outstanding issues for Council. There have been no written testimony since the Commission hearing. And staff will stand for any questions. Meridian City Council Meeting Agenda December 4, 2018 – Page 72 of 445 Meridian City Council November 20, 2018 Page 66 of 74 Cavener: Thank you, Josh. Council, any questions for staff? All right. Mr. Lakey, welcome. Always nice to have you here. Appreciate your -- your patience this evening. Lakey: Thank you. Thank you, Mr. President. It's good to be here on your maiden voyage. I will try to be gentle. Council Members, for the record, my name is Todd Lakey. Address is 141 East Carlton here in Meridian, Idaho. Mr. President, Council Members, I will start out again by thanking staff for their recommendation of approval and the Planning and Zoning Commission's recommendation of approval. I will just emphasize a couple of the high points and our agreement with some of the conditions that are included in the recommendation of approval. As was mentioned, the plat conforms with the Comprehensive Plan. The R-8 zoning, we are less -- much less dense than we could pursue on this particular piece of property. We are looking at about -- greater than 15,000 square foot lot average size and, then, you can see from the renderings that these are -- are nice homes. This is, essentially, an in-fill project for this particular property and as was also mentioned, we are, essentially, doubling the requirement for open space from ten percent to really 19.9 or 20 percent. You saw the renderings for the tot lot and gazebo and the micro path connection. I can talk about it here on the landscape plan just as well as a plat, but we are also requesting and P&Z recommended approval. Normally there is a 750 foot block length requirement by the city. This is longer -- this block length is longer than that 750 foot requirement, but the project next to us has an approved plat. It did not have the stub street tied into our project in that location. There is a park here that we are connecting with that pathway to help break up that distance and, then, we are connecting up here to the north as soon as we can into that project. So, there was a longer distance approved on the project adjacent to us. That's why we are trying to be consistent and -- and provide some connectivity in addition of that pedestrian pathway. We also will provide the required fencing. They mentioned -- staff -- Josh mentioned that here along the Ridenbaugh Canal, which flows through the -- the north portion of the property, just south there of Victory. The landscaping we are required to include is on both sides of the canal the fencing will run along here, alongside of that common area to help provide that separation and safety and protection for the canal. We included the revised plat with a turnaround meeting the fire district requirements. We are in agreement with that. And, then, also this project essentially is filling some old settling ponds from the old sewer site. I think. Sewer district. And so as part of that we have to do some in-fill, bringing a substantial amount of in-fill to fill in those ponds. We will have a geotechnical engineer involved in that. There is a requirement now proposed and, then, city Public Works will have an opportunity to review that report to make sure everything complies. So, with that we are in agreement with the recommendations of approval and we would ask for your approval and I would be happy to answer any questions if you have them. Cavener: Thanks, Todd. Council, any questions for Mr. Lakey? Bernt: No questions. Thanks, Todd. Cavener: No questions. Meridian City Council Meeting Agenda December 4, 2018 – Page 73 of 445 Meridian City Council November 20, 2018 Page 67 of 74 Lakey: Oh. I thought he said a question. Okay. No questions. All right. Cavener: This is a public hearing. Mr. Coles, has anyone signed up to testify? Coles: Thank you, Mr. Vice -President. We had one sign up. Brenda Blitman would like to testify. Milam: Was she the last hearing? Coles: She was part of the last hearing. So, other than that there were no others that indicated, Mr. Vice -President, they wanted to provide testimony. Cavener: Is there anyone in the audience that would like to testify? Okay. Great. Mr. Lakey, any summarizing comments? I know you just sat down, but as you are aware you have the last word. Lakey: Mr. Chairman, I don't want to debate myself. I just appreciate your approval and conclude. Cavener: Thank you. Council? Milam: Mr. Vice-President? Cavener: Thank you. Council Member Milam. Milam: I move we close the public hearing an Item 9-C. Bernt: Second. Cavener: Motion and a second. Any discussion? Mr. Clerk. Oh, we are not going to roll call. All in favor. No nays. Great. MOTION CARRIED: FIVE AYES. ONE RECUSED. Cavener: We will get through this. I promise. Milam: Mr. Vice-President? Cavener: Mrs. Milam. Milam: I move we approved H-2018-0100. Borton: Second. Cavener: Motion and a second. How about now, Mr. Coles. Meridian City Council Meeting Agenda December 4, 2018 – Page 74 of 445 Meridian City Council November 20, 2018 Page 68 of 74 Roll call: Borton, recused; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE RECUSED. D. Budget Amendment for Solid Waste Advisory Commission (SWAC ) Projects Not to Exceed $27,458 Cavener: Council, Mr. Lakey, thank you. Appreciate your patience with me tonight. Council appreciate your support. Mr. Borton, we have completed Item 9-C. I will be turning the gavel back over to you for 9-D. Borton: Thank you, sir. Cavener: So, no damage was done. Borton: 9-D is a budget amendment for SWAC. Karie Glenn is going to be presenting. Thanks for staying late. Glenn: Mr. President, Members of the City Council, in front of you is a budget amendment for SWAC. Basically I'm here simply put asking for spending authority for some projects that were previously approved through SWAC and City Council. Those projects are either completed and looking for their reimbursement or projected to be completed this spring, to -- coming forward being completed are the parks projects as listed. The Meridian Library District. Their tiny library is done. They had their ribbon cutting October 1st, so they are just kind of holding out for their reimbursement. So, just looking for the spending authority at this point for projects that were already approved. Borton: Okay. Thank you for that. Glenn: Any questions? Borton: Council, any questions? Okay. Cavener: Comment. Karie, thanks for staying late. We appreciate you. It's -- it's rare that we get to see you. It's very rare that we get to see you this late, so I appreciate you being here just -- Glenn: Yes . I do have to admit it is past my bedtime. Cavener: Well, we will try -- we will try and expedite this through. Glenn: No worries. It was all interesting. Thank you. Cavener: We will blame Mr. Coles. Borton: If there is no discussion, is there a motion? Meridian City Council Meeting Agenda December 4, 2018 – Page 75 of 445 Meridian City Council November 20, 2018 Page 69 of 74 Little Roberts: Mr. President? Borton: Mrs. Little Roberts. Little Roberts: We -- we ended up with a little bit of discussion. Normally this would be Councilman Milam's as the liaison to SWAC, but in the process of changing I ended up having the discussion with Dale. So, thank you very much. And with that I move that we approve the budget amendment for the Solid Waste Advisory Committee, not to exceed 27,458 dollars. Milam: Second. Borton: It's been moved and seconded to approve the budget amendment for SWAC as described. Any discussion? If not, Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. MOTION CARRIED: ALL AYES. Glenn: Thank you so much. E. Police: Budget Amendment for Criminal Investigation Division Vehicle Replacement Not to Exceed $29,000 Borton: Item No. 9-E. Budget amendment number two. Criminal Investigation Division vehicle. Chief Lavey, the floor is yours. Lavey: Mr. President, Council, I know how much my liaison likes budget amendments, so I waited until he was my appointed liaison before I submitted one, since it's been a while. Actually, in front of you is an emergency budget amendment, not to exceed 29,000 dollars. This would include a price of a vehicle, removal of the equipment from an old car and install equipment in the new car and why are we doing this? This car was slotted for replacement this past budget year, but we pulled it because of the new matrix system. So, we decided to see if we could go another year. Two months ago it was rear ended. Not our fault. The car was totaled. The value of the car is 6,000 dollars. Our deductible from ICRMP is 2,500 dollars. ICRMP has issued us a check in amount of 3,836 dollars and are attempting to get our deductible back through the other insured party, but we currently need funds to purchase and replace a new vehicle and I stand for any questions. Borton: Thank you, chief. Council, any questions? Palmer: Mr. President? Borton: Mr. Palmer. Meridian City Council Meeting Agenda December 4, 2018 – Page 76 of 445 Meridian City Council November 20, 2018 Page 70 of 74 Palmer: I don't mind budget amendments when it's a car I get to drive. They don't let me drive the fire trucks or the vacuum truck. Bernt: They let you drive this car? Cavener: Those are good reasons. Palmer: No. I'm kidding. I only get to drive the bumper car out there, but -- I move we approve the budget amendment for the Criminal Investigation Division vehicle replacement not to exceed 29,000 dollars. Bernt: Second. Borton: It has been moved and seconded to approve Item 9-E. Is there any discussion? If not, Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. MOTION CARRIED: ALL AYES. Borton: Thank you, chief. Palmer: Mr. President? Borton: Mr. Palmer. Palmer: And if anybody hasn't had a chance I would encourage you to talk one of them into letting you go do the PIT maneuver. Cavener: Council Member Palmer, is at Law Enforcement Fantasy Camp. Lavey: Only if he supplies the cars. Item 10: Department Reports A. City Clerk's Office: Proposed Fee Update Borton: I'm going to move on before this gets sideways. Item 10-A is a department report by yours -- ours city clerk. Coles: Thank you, Mr. President. Just a brief update this evening. All of you have in your packet -- your packet this evening a letter from the Idaho State Police Department informing the city that the federal background check will be increasing $1.25 per application starting January 1st. We provide -- we perform background checks on four Meridian City Council Meeting Agenda December 4, 2018 – Page 77 of 445 Meridian City Council November 20, 2018 Page 71 of 74 of our applications -- or application types and we send them to ISP to complete. ISP does a portion and, then, also there is a federal background check that the FBI completes. That is the price that is increasing, the $1.25 fee. It's a pass through fee. We collect that and, then, every month we remit a check to ISP to pay for those -- those services. So, it's going up regardless it will -- so, there is a couple of options in front of the Council. The city can absorb that cost or we can approve that increased fee, because it's going to go up regardless. The FBI is increasing January 1. So, really, before you this evening is I just have a -- kind of a thumbs up, thumbs down question, if -- whether or not to proceed forward with the public hearing process to -- to ask the public whether or not we should increase that fee or not. So, I'm just bringing that before you to let you know the FBI is increasing $1.25 per application starting January 1. It's a pass through fee that we collect and remit every month to ISP to pay for those services and kind of get a sense of the Council thumbs up, thumbs down, whether or not to continue that process and get a formal vote in December. So, I stand for any questions. Borton: Thank you, Mr. Coles. Council, any questions on that? Cavener: President Borton? Borton: Mr. Cavener. Cavener: Thumbs up on my end, but maybe just some -- some advice as well is to maybe reach out to some of our customers that have relied on this over the past couple of years. This might not be something that's on their radar and just make sure that they are aware and giving them the opportunity to come in for a public hearing if they feel it's warranted or the opportunity to contact Council for information for the record. Coles: Absolutely. We maintain a list of -- of applicant -- previous applicants to let them know when changes are happening and we can reach out and let them know, hey, be aware. This is going to be on the Council's radar in about a month. Cavener: Thanks. Borton: Perfect. Council, any other concern? We got a general thumbs up? Coles: Very good. We will be back in the middle of December for the formal vote and the public hearing. Item 11 : Ordinances A. Ordinance No. 18-1797: An Ordinance (H-2018-0074– Whitecliff Estates Subdivision) For Annexation Of A Parcel Of Land Being Meridian City Council Meeting Agenda December 4, 2018 – Page 78 of 445 Meridian City Council November 20, 2018 Page 72 of 74 The NE ¼ Of The NW ¼ Of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, As Described In Attachment “A” And Annexing Certain Lands And Territory, Situated In Ada County, Idaho, And Adjacent And Contiguous To The Corporate Limits Of The City Of Meridian As Requested By The City Of Meridian; Establishing And Determining The Land Use Zoning Classification of 40.60 Acres of Land From RUT To R-4 Medium Low Density Residential) Zoning District In The Meridian City Code; Providing That Copies Of This Ordinance Shall Be Filed With The Ada County Assessor, The Ada County Recorder, And The Idaho State Tax Commission, As Required By Law; And Providing For A Summary Of The Ordinance; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. Borton: Thanks, C.Jay. Item No. 11. We have one ordinance, Ordinance No. 18-1797. Mr. Clerk, if you would read this ordinance by title. Coles: Thank you, Mr. President. City of Meridian Ordinance No. 18-1797: an Ordinance file H-2018-0074 – Whitecliff Estates Subdivision, for annexation of a parcel of land being the NE ¼ of the NW ¼ of Section 36, Township 4 North, Range 1 West, Boise meridian, Ada county, Idaho, as described in Attachment “A” and annexing certain lands and territory, situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian; establishing and determining the land use zoning classification of 40.60 acres of land from RUT to R-4, Medium Low Density Residential Zoning District in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. Borton: Thank you, C.Jay. You have heard the ordinance read by title only. Does anyone wish to hear it read in its entirety? Seeing none -- Milam: Mr. President? Borton: Mrs. Milam. Milam: I move we approve Ordinance No. H-2018-0074 with suspension of rules. Bernt: Second. Borton: Are there two ordinance numbers? Meridian City Council Meeting Agenda December 4, 2018 – Page 79 of 445 Meridian City Council November 20, 2018 Page 73 of 74 Milam: Did I read it wrong? Borton: No, you had it right, but I see Ordinance 18-1797 and then -- Milam: Oh, yeah. The number. Yeah, you're right. Borton: Which one is right? Milam: The first one is right. So, I had the wrong number. Coles: Ordinance No. 18-1797. Milam: 1797. Borton: Okay. Thanks. Milam: Project number. Yeah. Coles: The second is the file number of the project. The first number is the actual ordinance number, Mr. President. Borton: It's been moved and seconded to approve Ordinance 18-1797. Any discussion? If none, Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. MOTION CARRIED: ALL AYES. Item 12: Future Meeting Topics Borton: Thank you. Item No. 12, Future Meeting Topics. We have a couple of them. Mr. Cavener, maybe others, had a comment about having some code enforcement 101 and I think on the 27th, chief? We are going to have that presentation. Lavey: Mr. President, the PowerPoint presentation is already, so I'm hoping we can still have, yes. Already to go. Borton: Perfect. Kind of walk through and educate us. Lavey: I have -- I have seen it. I was impressed. So, I think it's what you're asking for. Borton: Perfect. Thank you, chief. We have next -- the next meeting we have kind of the continued Benefits Committee discussion. So, there is a whole lot of heavy lifting with that data and decisions. Kind of a heads up. That will probably be a meaty discussion, but any other future meeting topics? Meridian City Council Meeting Agenda December 4, 2018 – Page 80 of 445 Meridian City Council November 20, 2018 Page 74 of 74 Cavener: Mr. Borton? Borton: Mr. Cavener. Cavener: A couple, if you will. Just to put on everyone's radar, if it hasn't been discussed already. December 25th is a Tuesday. We are not going to be having a meeting that day, nor the day after. So, we will be canceling your meeting for that week. However, just to put on your calendar we will be meeting on January 2, which is the day after New Year's Day, so assuming that we are all able to be here, but if not let's, please, make sure we are communicating that to the clerk, so we can make sure that we don't have any quorum issues. In addition, Council President Borton, I have a couple other topics that I would like to be considered for future meeting topics, preferably by the end of the year. Number one, it's been a while since we have heard from -- from Lime and I know that they have been working with staff, so perhaps a dual presentation from Lime and staff as to where we are in that process and any feedback for Council would be ideal. Be ideally before the end of the year to get an update as to City Hall's movement in the Mayor's office, movement towards implementing a government accountability officer and, then, also before the end of the year -- I have asked for this once before and recognize that there has been a lot of moving parts, but a presentation or discussion amongst Council about who will be representing Council when they speak for the city. We had an issue I think tied to Lime where a city employee spoke on behalf the Council before really speaking to us. We had some similar issues last year at the legislature. Just so that we are all on the same page and the Council can be included into those discussions before someone is speaking on behalf of the City. Recognizing that's a lot and we have only a few short meetings, but I just want to make sure that those are on the agenda setting calendar, so, hopefully, we can have those addressed before the end of the year. Borton: Anything else? If not then -- oh, Mr. Hood. Hood: Thank you, Mr. President. Just so you all know, I slipped -- while you were in Executive Session -- the My Meridian Vision document in front of you all. If you want another copy or two to hand out I do have a few extras, but this is the document that Brian McClure spoke to you on three, four weeks ago. So, it is on the website as well, but -- and I have a hard copy. But, again, let me know if you want anymore. Milam: Thank you, Caleb. Borton: Thanks, Caleb. And the steering committee meets the second week of December? Hood: December 15th I believe is the date. Borton: Mr. Bernt is all over it. Meridian City Council Meeting Agenda December 4, 2018 – Page 81 of 445 Meridian City Council November 20, 2018 Page 75 of 74 Bernt: I'm there. Hundred percent. The entire time. Borton: Okay. Is there a motion to adjourn? Milam: So moved. Bernt: So moved. Borton: Been moved and seconded sort of. All those in favor say aye. MOTION CARRIED: ALLAYES. Borton: We are adjourned. MEETING ADJOURNED AT 10:06 P.M. (AUDIO R PMNG-_O. ILE OF THESE PROCEEDINGS) MAYOR T�PY DE WEERD DATE APPROVED ATTES . < � ORp,SEDAUG�S C. J Y COL , CITY—(f LERK owe r� p oily of CAVI E IDIAN�- IDAHO �� SEAL the