HomeMy WebLinkAbout2014-06-24E IDIAN%~' CITY COUNCIL REGULAR
MEETING AGENDA
AMENDED AGENDA
City Council Chambers
33 East Broadway Avenue
Meridian, Idaho
Tuesday, June 24, 2014 at 6:00 PM
1. Roll -Call Attendance
X David Zaremba O Joe Borton
X Charlie Rountree X Keith Bird
X Genesis Milam X Luke Cavener
O Mayor Tammy de Weerd
2. Pledge of Allegiance
3. Community Invocation by Pastor Slyter
4. Adoption of the Agenda Adopted
5. Consent Agenda Approved (Pg 2-3)
A. FP 14-025 Oaks South by Coleman Homes, LLC Located South Side of W.
McMillan Road Between N. McDermott Road and N. Black Cat Road
Request: Final Plat Approval Consisting of Forty -Two (42) Single Family
Residential Lots and Nine (9) Common Lots on 16.83 Acres of Land in the
R-8 Zoning District
B. FP 14-024 Bienville Square No. 3 by Centre Point, LLC Located West of N.
Eagle Road and South of E. Ustick Road Request: Final Plat Approval
Consisting of Forty (40) Single Family Residential Lots and Four (4)
Common/Other Lots on 5.27 Acres of Land in the R-15 Zoning District
C. FP 14-026 Southern Highlands by BHH Investments 1, LLC Located South
of E. Amity Road and North of E. Taconic Drive and West of S. Eagle Road
Request: Final Plat Consisting of Forty -Seven (47) Building Lots and Six (6)
Common Lots on 27.66 Acres of Land in an R-4 Zoning District
D. Rail -With -Trail Arterial Crossing Design Study Contract Between Project
Engineering Consultants, the Idaho Transportation Department and the
City of Meridian for a Not -to -Exceed Amount of $81,523.00
E. Well Lot Lease with Mission Coast Properties as Lessor for a Well Lot Site
at Reflection Ridge No. 3
Meridian City Council Meeting Agenda — Tuesday, June 24, 2014 Page 1 of 2
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
F. Resolution No. 14-996A: A Resolution Approving The Transfer Of The
Assets And Liabilities Of The Meridian Heights Water & Sewer District, Ada
County, Idaho, To The City Of Meridian, Idaho, Pursuant To The
"Agreement For The Dissolution And Transfer Of Assets And Liabilities
From Meridian Heights Water And Sewer District To The City Of Meridian;
Settlement Agreement And Release
6. Items Moved From Consent Agenda None (Pg 3)
7. Action Items
A. Public Hearing: AP 14-001 Southridge Gravel Mining by Idaho Sand and
Gravel Located South of W. Overland Road and East of S. Ten Mile Road
Request: City Council Review of the Conditional Use Permit Modification
(MCU 14-001) Application Denied (Pg 3-35)
8. Department Reports
A. Mayor's Office: City Survey Acceptance (Pg 35)
B. Mayor's Office: Resolution No. 14-997: Adopting 2014 Meridian Citizens
Survey Results Approved (Pg 35-36)
C. Fire Department: Budget Amendment for Public Education Prevention for
the Not -to -Exceed Amount of $17,602.00 Approved (Pg 40-42)
D. Arts Commission: Budget Amendment for Spending Authority for
Concerts on Broadway for the Not -to -Exceed Amount of $15,000.00
Approved (Pg 36)
E. Mayor's Office: Mayor's Youth Advisory Council Budget Amendment
Request and Spending Authority for Ball at the Hall for the Not -to -Exceed
Amount of $2,275.00 Approved (Pg 36-37)
F. Mayor's Office: Budget Amendment for Special Projects for a Not -to -
Exceed Amount of $60,000.00 Approved (Pg 37-38)
G. Legal Department: Recipient Agreement Between City of Meridian and
Meridian Boys & Girls Club for Contribution of Fiscal Year 2014 Funds not
to exceed $500,000.00 Approved (Pg 38-39)
H. Legal Department: Budget Amendment for a Donation to the Boys and
Girls Club for a Not -to -Exceed Amount of $500,000 Approved (Pg 39-40)
9. Future Meeting Topics None ----- Adjourned at 8:00 p.m. (Pg 42)
Meridian City Council Meeting Agenda — Tuesday, June 24, 2014 Page 2 of 2
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian City Council June 24, 2014
A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, June
24, 2014, by President Charlie Rountree.
Members Present: Charlie Rountree , Keith Bird, Genesis Milam, David Zaremba and
Luke Cavener.
Members Absent: Mayor Tammy de Weerd and Joe Borton.
Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Sonya Watters, Warren
Stewart, Jeff Lavey, Mark Niemeyer, Robert Simison, Steve Siddoway, Dean Willis.
Item 1: Roll -call Attendance:
Roll call.
X David Zaremba Joe Borton
X Charlie Rountree X Keith Bird
X Genesis Milam X Luke Cavener
Mayor Tammy de Weerd
Rountree: I will call the June 24th Meridian City Council meeting to order. Roll call
attendance. Madam Clerk.
Item 2: Pledge of Allegiance
Rountree: Next item on the agenda is the Pledge of Allegiance. If you would all rise
and join us in the pledge.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Pastor Slyter
Rountree: And this evening we will be led in the community invocation by Pastor Slyter.
Welcome.
Slyter: Let's bow our heads and open in prayer. Our Heavenly Father, we thank you for
this day. We thank you again, Lord, for the many blessings that we enjoy here in
Meridian. We recognize that every good and perfect gift comes from you and so we
give you honor and thanks, Lord, for the peace, the prosperity, the civility, the just
overall good morale that we enjoy here in Meridian. We pray, Lord, your blessing upon
this meeting, every point of business that is brought up. We pray, Lord, that even
though there may be different opinions that there would be the unity of wanting what is
best for our community and seeking your wisdom and guidance and we thank you for
that. Be with our Mayor while she is away. Bless each person who participates tonight
Meridian City Council
June 24, 2014
Page 2 of 42
and every point of business that is brought up. Thank you we pray through Christ, our
Lord, amen.
Item 4: Adoption of the Agenda
Rountree: Thank you, pastor. Next item is the adoption of the agenda.
Bird: Mr. President?
Rountree: Mr. Bird.
Bird: I would move -- we have got one change or one addition. On Department
Reports, 8-B, the resolution number is 14-997. And with that I would move we adopt
the agenda as published.
Milam: Second.
Zaremba: Second.
Rountree: It's been moved and seconded to adopt the agenda. All those in favor
signify by aye. Any opposed?
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 5: Consent Agenda
A. FP 14-025 Oaks South by Coleman Homes, LLC Located South
Side of W. McMillan Road Between N. McDermott Road and N.
Black Cat Road Request: Final Plat Approval Consisting of
Forty -Two (42) Single Family Residential Lots and Nine (9)
Common Lots on 16.83 Acres of Land in the R-8 Zoning
District
B. FP 14-024 Bienville Square No. 3 by Centre Point, LLC Located
West of N. Eagle Road and South of E. Ustick Road Request:
Final Plat Approval Consisting of Forty (40) Single Family
Residential Lots and Four (4) Common/Other Lots on 5.27
Acres of Land in the R-15 Zoning District
C. FP 14-026 Southern Highlands by BHH Investments 1, LLC
Located South of E. Amity Road and North of E. Taconic Drive
and West of S. Eagle Road Request: Final Plat Consisting of
Forty -Seven (47) Building Lots and Six (6) Common Lots on
27.66 Acres of Land in an R-4 Zoning District
Meridian City Council
June 24, 2014
Page 3 of 42
D. Rail -With -Trail Arterial Crossing Design Study Contract
Between Project Engineering Consultants, the Idaho
Transportation Department and the City of Meridian for a Not -
to -Exceed Amount of $81,523.00
E. Well Lot Lease with Mission Coast Properties as Lessor for a
Well Lot Site at Reflection Ridge No. 3
F. Resolution No. 14-996A: A Resolution Approving The Transfer
Of The Assets And Liabilities Of The Meridian Heights Water &
Sewer District, Ada County, Idaho, To The City Of Meridian,
Idaho, Pursuant To The "Agreement For The Dissolution And
Transfer Of Assets And Liabilities From Meridian Heights
Water And Sewer District To The City Of Meridian; Settlement
Agreement And Release
Rountree: Next Item is the Consent Agenda.
Bird: Mr. President?
Rountree: Mr. Bird.
Bird: I move we approve the Consent Agenda as published and the President to sign
and the Clerk to attest.
Milam: Second.
Zaremba: Second.
Rountree: It's been moved and seconded and seconded to approve the Consent
Agenda. Roll call vote.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea;
Cavener, yea.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 6: Items Moved From Consent Agenda
Rountree: No items were removed.
Item 7: Action Items
A. Public Hearing: AP 14-001 Southridge Gravel Mining by Idaho
Sand and Gravel Located South of W. Overland Road and East
Meridian City Council
June 24, 2014
Page 4 of 42
of S. Ten Mile Road Request: City Council Review of the
Conditional Use Permit Modification (MCU 14-001) Application
Rountree: And our Action Item this evening is a public hearing for AP 14-001,
Southridge Gravel Mining by Idaho Sand and Gravel. Staff?
Watters: Thank you, Chairman Rountree, Members of the Council. The application
before you tonight is a request for City Council review of the Commission's decision on
MCU 14-001. This site consists of 76 acres of land. It's currently zoned R-2, R-4 and
R-8 and it's located south of West Overland Road and east of South Ten Mile Road
west of the Ridenbaugh Canal. To touch on the history of this project, this property was
annexed into the city in 2006 and included in the preliminary plat for Southridge
Subdivision. A conditional use permit was approved on February 3rd of 2011 for
construction of sand and gravel mining and crushing of material on the site for a
purpose of mass grading of the property for the development of a residential
subdivision. The applicant requested three years in which to complete the grading,
crushing, and removal of material necessary to prepare the site for a residential
development and reclaim the site. Because of the proximity of residential properties in
relation to the project site and potential impacts from the proposed impacts from the
proposed use, the Commission approved a lesser period of 18 months with the
understanding that a modification to the conditional use permit could be requested to
extend the time if needed. The permit expired on August 3rd of 2012. In July of 2012 a
request for a modification to the conditional use permit was submitted for an 18 month
extension of the use. Because no one testified at the hearing or submitted written
testimony in opposition, the Commission approved the request to allow the operation to
continue for an additional 18 months until April 4th of 2014. This year. At such time the
site was required to be graded per the reclamation plan or modification to the
conditional use permit could again be requested to extend the use. Prior to the
expiration date of the conditional use permit the applicants did request a final 18 month
extension to remove the processed material from the site and reclaim the site, 60 days
of which to mine and crush additional material. The Commission approved the
conditional use permit with conditions that allowed an additional maximum period of six
months until November 1st of 2014 in which to complete reclamation of the site,
including grading of the site and hauling off existing stockpiles and removal of all
equipment. And just a side note, the preliminary plat that did exist on this property has
now expired, so there is no valid development plan for this site. And, then, also just a
little bit of additional information. There has been a lot of discussion on this project
between what is reclamation and what is considered grading for the site. Reclamation
is something that the state -- the Bureau of Reclamation requires and it is merely for
slope stabilization purposes. They require it to be at a certain slope and they require it
to be vegetated to stabilize the slope. Grading is entirely, you know, different. It's more
for the development of a subdivision. The City of Meridian does not have a grading
permit. Typically that is -- that is not under our jurisdiction. The reason it is with this
application is because initially when this came in the applicant proposed to have the site
reclaimed and graded in accord with the grading plan that was associated with the
preliminary plat at that time. All of that work done within a three year period. Since that
Meridian City Council
June 24, 2014
Page 5 of 42
time staff has associated grading of the site with this use, because it is a direct result of
this use, that the site needs the amount of grading that it does. It's not typical with just a
-- between a normal piece of property and a site that's been mined, as you can imagine.
Anyway, just wanted to explain that a little bit. The applicant is requesting Council
review of the Commission's decision on the most recently approved conditional use
permit MCU 14-001 with modifications as stated in their letter and you should have a
copy of that. Written testimony has been received from Glen Hickey, Dick and Susan
Bagley, Ryan Brewer, Jerry Ross, Joe and Patsy Kendall, Maureen Brewer, Lynn
Ryber, Bob Marslin, Nadeen Marslin, Keith and Diane Ebeling, Williams and Phillip
Weiss, Robert and Susan Carlson, Tony Martarano, and there is a memo from staff in
the record as well. Staff will stand for any questions the Council may have.
Rountree: Questions from staff?
Bird: I have none at this time.
Rountree: Thank you. Is the applicant here?
Nary: Mr. President? Mr. President, before you start for the Council and the public, too,
when there is an appeal of a CUP from the Planning and Zoning Commission it is a new
hearing entirely. So, that the public understands the Council is free to uphold the
Planning and Zoning's requirements, create new conditions if you wish, change
conditions completely if you want to, but it's a completely new hearing. So, at this point,
mostly for the public or the folks that are watching, to understand that this is a do over,
it's not a -- just a continuation of the Planning and Zoning hearing.
Rountree: Thank you, Bill, for the clarification. Todd.
Lakey: Thank you, Sonya. Mr. President and Members of the Council, my name is
Todd Lakey for the record. Address is 141 East Carlton, Meridian, Idaho. Council
Members, the staff I think adequately reviewed the history of this particular project. As
you know, it's part of the 290 acre project. This is about 80 acres worth of that. It was
annexed, it was zoned, there is a development agreement in place that specifies the
uses for the subject property. Those are a mix of commercial, residential, low, medium
and high residential, relocation of Overland Road, a school, a park, a good mix of
things. The minimum number of residences is specified at 1,000, with a maximum just
over 1,200 in the development agreement. Sonya, have I got a controller over there?
Watters: I will flip them for you.
Lakey: Council Members, this is just an overlay of the project. Looking here you have
got your R-8, your R-4, and your R-2. But the entire project encompasses a larger area.
The subject property, this parcel here. Next slide, Sonya. In the Planning and Zoning
hearings the concern was we are putting a fair number of mixed uses next to some rural
county, non -city residents and subdivisions. There was discussion about that transition.
Part of what they were looking at was a limitation on residential heights and densities.
Meridian City Council
June 24, 2014
Page 6 of 42
So, they put the lower densities next to that, but part of the discussion was also to
reduce the base elevations of the property, which was a massive undertaking. If I can
just kind of described the site for you, Council Members. This is the subject property.
Here is Overland Road and the primary you can see where the mining has primarily
occurred in this area. This part -- parcel these parcels over here are part of the Ten
Mile project that was previously done also by Idaho Sand and Gravel and is now
reclaimed and graded. That was used primarily on the Ten Mile project. Just a couple
of the views from the surrounding area. This is from Overland Road. You can see the
stockpiles that exist. Those have been reduced significantly since that picture was
taken. I guess it depends on what significant is, but a good 35 percent of those piles
are gone. This is the view from Val Vista Subdivision. It's hard to see -- at least you
can't really see the stockpiles from the road, but those tan areas you can see right here
and here, those are the stockpiles. This is the view from the entrance to Aspen Cove.
You can see the stockpiles here. And, then, that's the view from Linder down close to
phase one of the project. Council Members, the initial request we had, as was stated,
was for the 18 month time extension to complete everything, the removal of stockpiles,
the reclamation, the grading. We requested an additional 60 days for crushing. And
our position was and still is that reclamation and grading are not part of what is required
for a conditional use permit. Our effort here is to reach a reasonable resolution. We are
not saying we want everything that we applied for with the Planning and Zoning
Commission. The Planning and Zoning Commission put a six month time frame on
completion of the activities on the project and we can do that when it -- as far as the --
the mining and related operations regarding the project. After meeting with staff we,
basically, drilled it down to three conditions that we are looking to modify, with the
primary element recognizing the difference between reclamation and grading.
Condition 1.1.3 is the first conditional we are looking at modifying. As you can see it
talks about reclamation being completed by November 1st, 2014, and there is a
reference to the grading plan. We will complete the reclamation by November 1st,
2014. But, again, we recognize the difference. Reclamation relates to the mining
activities that occur on the site. Reclamation -- I will describe that a little bit more later,
but it's dealing with those areas that have been affected, those areas that have been
mined on the subject property. Grading is not mining and it doesn't relate to the mining
activities on the site. In this case it pertains primarily to those areas that have not been
mined and I will go through those. So, our proposal is to add that sentence, that any
grading beyond the reclamation of the site required by the Idaho Department of Lands
will be completed by the applicant no later than June 1st. So, let me talk a little bit
about reclamation. As I said, it deal with the mined areas. What you ultimately have
following reclamation is a rough leveling of the mined areas. That one site off of Ten
Mile is kind of an example of that, although it has some finish grading that's been
completed as well. The slopes on the sides -- there has been significant excavation of
this site. The slopes will be graded to three to one ratio and the top soil would be
placed on those slopes. Those slopes will be reseeded with the required species under
the reclamation plan with the Department of Lands. That meets the requirements of the
Department of Lands and it meets the requirements of the bond that we have in place to
complete the mining operations on the site. We have been working toward that and, as
I said, we will complete that within the six months required by the Planning and Zoning
Meridian City Council
June 24, 2014
Page 7 of 42
Commission. That goes most of the way toward what the property owner wants to do
with the property. This includes removal of our stockpiled material. There is some
stockpiled material on site in the form of berms, top soil, those things -- some of those
will remain in place. I will show you a map of those for a later buffering of the residential
development and some of that will be used on the individual lots for top soil. Mr. Barton
also wants to retain some of the material that's been processed for this use. He's going
to have to put in roads and other improvements as part of the project. If that's not
allowed, then, he would, essentially, be trucking that material from elsewhere onto the
site later. If that is allowed we can locate that property on the site so it's not visible from
off site, the roadways and pile it in longer, shorter piles, so, again, it's not visible. So,
just to kind of go over the site, Council Members, essentially, this is the mined area.
That's what will ultimately be reclaimed. This portion in our initial application that we
would have liked to have mined if we had been given the opportunity, focuses on that
area, this area here, and a little bit of this. Those areas remain essentially untouched or
unmined and those are the areas that will be addressed as part of the grading for what
the landowner wants to do with their property later. But that's not part of the mining
operation, it's not part of the reclamation. And as part of the reclamation you can see,
you know, the piles and things that are going on within the mining operation. Those,
again, will be graded out so it's, essentially, a rough level floor with the slopes being
reseeded. Here is some of the slopes within the interior of the pit, just to give you an
idea. Again, that's pretty close to what is needed for the residential development, but
these slopes will be reseeded and topped soiled. So, essentially, we complete
everything that's related to the mining operations by November 1st. Let me talk about
grading. Mining and related activities will be done by November 1st. Grading does not
equal mining under the Uniform Development Code. It does not equal mining under
Idaho state code. Mining under the city code is essentially operating a commercial sand
and gravel operation, processing material, crushing material, washing material, all of
that will be done. So, any Council Member here, whether it's Council Member Zaremba
or Council Member Milam, if you have ten acres or 20 acres or 80 acres, you can,
essentially, go out there and move dirt around, dig holes, fill the holes in kind of to your
heart's content. You don't have to have a permit to do that. But when you come around
to developing the property and if you want to develop it in a certain way, then, yes, you
have to get it zoned, you have to get plats and those kind of things. But prior to that you
can kind of push around dirt, do whatever you want. Some may argue that reclamation
is related to mining. I think that's a mute point. We don't think it's required for a
conditional use permit, but we are saying we will complete reclamation prior to
November 1. Since grading does not require a conditional use permit, once we
complete this and if we are out of there and we are not -- we have reclaimed the site,
Mr. Barton takes it back, he has the ability as the property owner, again, to go in and
grade his site to what he wants to do. What we are proposing is to allow us to complete
that grading of the property subject to the conditions of the conditional use permit. If Mr.
Barton was to do it he wouldn't be subject to those conditions. He wouldn't have the
days of operation, the hours of operation, limitations, the requirement to mitigate dust,
those things that we are proposing to operate under. This is a schematic showing the
final elevations, including grading. So, again, Council Members, the reclamation is
primarily in this area. This area is untouched and will be graded -- this area over here
Meridian City Council
June 24, 2014
Page 8 of 42
and a little bit of this area here. This is going to consist of cuts and fills, some moving
some material to fill in low areas and taking some of the lower areas and filling them up
and lowering the other areas. There are some of the berms that exist and that will be
used for top soil, but also be kept in place. This area up here is mostly reclaimed. The
elevations are, essentially, right to where they are supposed to be. Ultimately down in
the lower pit, as far as reclamation, that's going to be a little bit lower than what's
required or what Mr. Barton desires for a subdivision, because we are going to have to
move some of this material from those graded areas in there to get what he wants as far
as a grading plan. Ultimately this is what the final grading of the site will look like once
it's all graded and reclaimed. Condition 1.1.5 deals with dust control. They placed a
condition on there that magnesium chloride be placed on the -- on the stockpiles. To do
that damages our ability to use the material for the projects that Idaho Sand has in
place. There was an alternative to that to install a sprinkler. Council Members, there
isn't a well out there. We do dust control via a water truck. We would propose to be
able to do the same thing on the stockpiles. There is a sprayer attachment that can go
on the water truck and we can spray the stockpiles. So, our proposal is to modify the
condition to allow the stockpiles that we water using the water truck. Condition 1.1.6,
primarily -- the main benefit from this condition is that the material be located from -- or
loaded from the north part of the stockpiles, so the stockpiles amount to a buffer to the
properties to the south for noise and dust. The requirement also is there to move the
scale house and scale office. There is, essentially, no benefit to doing that. The trucks
drive in a forward loop, so the trucks don't have backup alarms going off if they were to
back up. The scale house and scales are already in that forward loop. To move it
would have no significance visually. Essentially it's a small -- I will show you pictures of
it. It's a small scale house and the scales are located level with the ground and you
can't see it, essentially, from most areas of the property. But those that can it's a small
impact. It's also located where there is temporary power stubbed to the site and it's
located on a foundation, so there is significant cost with no benefit to move those things.
I can show you, Council Members, there is the scale house. There is the scales.
Previously the trucks used to travel around the edge of the site. The new route with the
modified conditional use permit essentially takes it this way. So, that's the loop. They
are loaded here on the north end of the piles, they drive around over the scales, and,
then, exit. So, always traveling in that forward loop. There is the scale house. It's a
small trailer that houses the computer for the scales. I stepped it off. It's six to eight
feet wide and 16 to 18 feet long. Those are the scales. So, Council Members,
essentially, what we are proposing is a reasonable solution. We will complete all of our
mining -related activities by November 1 within the confines of the conditional use
permit. We will complete the remaining grading desired by the property owner also
within the confines of the CUP, but need until June 1 st to be able to do that. And, then,
we are proposing small adjustments to scales and watering requirements, but still meet
the objectives of those conditions. With that, Mr. President, Council Members, I will
stand for any questions.
Rountree: Questions?
Bird: I have none at this time.
Meridian City Council
June 24, 2014
Page 9 of 42
Milam: No.
Rountree: Thank you, Todd.
Lakey: Thanks, Charlie.
Rountree: I have a question for staff. With the plats expiring is the DA really, in effect
because if we get another application for a preliminary plat that opens that up
completely, does it not.
Watters: Councilman Rountree, the new preliminary plat would need to comply with the
existing provisions in the development agreement. If they do not, then, the
development agreement would be required to be modified.
Rountree: So, we could have additional requirements in the development agreement.
Watters: Yes.
Rountree: Okay. Thank you. This is a public hearing. Do I have a list of folks? All
right. Thank you. And you're going to have to bear with me on names, so I have -- the
first person to sign up is Wyatt Johnson representing the neighborhood association.
Johnson: Wyatt Johnson. 3649 North Lake Harbor Lane, Boise, Idaho. And I'm
appearing here as a representative of an unincorporated association. It's of the
concerned neighbors against the Southridge Gravel Mining extension and, Madam
Clerk, I have got a list of the members.
Holman: Thank you. Do you need it back?
Johnson: No, I don't. Actually, for the benefit of the Council, could everybody that I'm
representing please show by raise of hand? So, anyway, where I'd like to start is --
Rountree: Excuse me, Wyatt.
Johnson: Certainly.
Rountree: You said you were speaking for a group. You will get more time.
Johnson: All right.
Rountree: And if we could have an address.
Johnson: Yes. It was 3649 North Lake Harbor Lane --
Rountree: Okay.
Meridian City Council
June 24, 2014
Page 10 of 42
Johnson: --Boise.
Rountree: Thank you.
Johnson: You bet.
Rountree: Now roll.
Johnson: Why don't we start with the proposition that the recommendation that staff
initially prepared on this conditional use permit and the decision that was rendered by
the Planning and Zoning Commission, is a good decision. It was good work. The staff
and Planning and Zoning Commission looked at this matter carefully and the neighbors
fully support the conditional use permit as it is written. It's -- that's our starting point.
Now, going on I think that the best place to focus is not -- recognizing it's a de novo
hearing, but it's not to rehash all the points of contention that we went through, because
it seems that there is not really any dispute, except for on three, four discrete points.
And so what I want to address are those four -- those three or four discrete points and --
am I able to move this or --
Watters: Yes. If you press a selection tool -- I believe it's an arrow at the top of the
board.
Johnson: Okay.
Watters: Use the stylist. Do you see the arrows?
Johnson: No. I don't.
Chatterton: Lower left-hand corner.
Johnson: Yeah. They don't -- ah, there we go. There we go. Great. The first point
that we have is Council should not extend the time frame on the conditional use permit.
Right now staff in the current permit says, look, everything needs to be done within six
months. Idaho Sand and Gravel says, well, we will do some of it within six months, but
we want an additional year to complete other work and there are good reasons not to do
this and it really -- if you will, it's -- Idaho Sand and Gravel has -- they have had dinner
and they don't want to pay the check. All this work that the neighbors are requesting is
work that was promised -- it was the price of admission. It was what Idaho Sand and
Gravel promised in order to get this conditional use permit in the first place. Now that
it's time to pay that check they don't want to honor it and they want to do something
different and I think the first point that we need to make is that -- and as the Commission
is aware, is that when we are talking about whether or not something requires a
conditional use permit, that's very different from the issue of whether or not the condition
of approval needs to be complied with. We all know and, of course, the statute very
well comes in and says, look, if somebody comes in and they seek permission from the
Meridian City Council
June 24, 2014
Page 11 of 42
City Council to do something that they cannot do -- for instance, dropping a gravel --
gravel pit into the middle of a residential subdivision -- the Council can go ahead and
impose conditions -- or the Planning and Zoning Commission can impose conditions
upon that and that's just as enforceable -- regardless of whether or not a conditional use
permit would be required for that and in this case the condition is the grading, the
reclamation, and their claim is, look, that doesn't require a conditional use permit. Oh, it
doesn't matter, because all the cleanup work was part of the original deal to begin with.
If you will note on January 20th, 2011, at the original hearing the condition of approval
that was included by staff was that in 19 months all reclamation of the site shall be
completed prior to the end of the approved use. That was the deal. One and done.
Idaho Sand and Gravel, you're in, you're out. In 18 months it's as if you were never
there. And I went back and just -- looking at that and now they area coming in and they
are saying, well, yeah, okay, well, reclamation and grading, you know, those are really
two technically different things and it's a little bit of double speak, because the fact of the
matter is the statement -- the application that was submitted and the term reclamation
meant the reclamation grading. When Idaho Sand and Gravel came in and proposed
the deal, they said, okay, here is what we are going to do, we are going to do the
reclamation, which the department of lands goes ahead and they have got standards
that meet that and there is a time frame that meets that, but the city imposed their own
standards, said you will meet those standards, you will meet it in 18 months. Grading
was part of that deal and if you go back and I went back and I looked at the record and
looking at page five of the original staff report that was attached and incorporated within
this decision, after the heading reclamation it states the grading plan submitted by the
applicant demonstrates the reclamation of the site after mining and grading. Staff --
everybody was talking about reclamation, grading, that was what Idaho Sand and
Gravel was processing at the outset. For them to come in now and say that it's
something different is double speak, so that they can circumvent the requirements that
they initially -- they initially presented. This was part of the deal. This is what they were
offering where they wanted it. Now that they have been in they have put in the gravel
pit, they don't want to comply and they are saying these are two different things. And
it's not unfair. It's not unfair, because they knew the deal in 2011. In 2012 when they
came in for an extension it was quite clear, then, too, because on the extension the
Planning and Zoning Commission said at the end of this period the site shall be graded
as shown on the reclamation plan attached in Exhibit A -- or Exhibit A-3. So, again, in
2012 everybody knew the deal. Nobody was saying grading and reclamation, nobody
was saying those are two different things. It was the same deal. The idea is Idaho
Sand and Gravel, you're going to have a gravel permit, but you can't have it forever, it's
one and done and at the end of the period you're gone. Well, at the most recent
hearing for the Planning and Zoning Commission, again, they raised the issue and this
is when they started trying to separate it, because the time frame came up, they were at
the end of their three years and they wanted some additional time. So, the Planning
and Zoning Commission was quite clear, they said, okay, look, we are going to talk
about grading -- oops. Grading and reclamation. We are not messing around. We are
done playing games. That's where Planning and Zoning came in and, frankly, it's the
appropriate result. This is not a surprise. It's not unfair. It's exactly what Idaho Power
knew that they were getting into -- or, excuse me, Idaho Sand and Gravel knew that
Meridian City Council
June 24, 2014
Page 12 of 42
they were getting into at the outset. Idaho Power is not a problem today. It's just now
they have got some other motive that they want to move forward. Now, they very well
could have started taking action long ago. It's not like they didn't see this coming. This
has been coming years in the making. They went through -- they had trouble when they
came in for the extension in 2012, they could have started taking some action then.
They knew that this was coming due April -- April 4th. They took no action. Here is
what we have now. That is the site. You can see the -- you can see that they have got
the -- well, it's a gravel pit and it does -- there is no reclamation, there is no grading, it's
clearly a big open pit. They have taken no steps to move forward in taking care of that.
So, it's -- this is clear that this seems to be -- well, in all fairness it seems to be some
double speak.
Rountree: Might I interrupt? What's the date of the photograph?
Johnson: This photo -- I believe this is what the -- if I -- from this -- this is what the site
presently looks like. Okay. That's yesterday.
Rountree: Thank you.
Johnson: So -- now, this is something that's subtle, but it's important. In the statement
that they have submitted they state, well, stockpiling that they are going to leave some
material, they are not going to haul material on and off, but they are going to leave
some new material for the next owner and this is a bit of a game, because what they are
doing is they are breaching the deal in that the idea was you put a gravel pit in here.
Gravel pits do not belong in residential neighbors. You need to be in and out. That was
the deal. The stockpiling issue, along with the grading, is another issue where they are
looking to end run this. They note almost as an aside -- they say, well -- and, of course,
we are going to leave some stockpiling materials for the owner to use. All right. That's
not part of the deal. That's breaching the agreement and the reason why is if you're
talking about stockpiling -- one, let's talk about the fact that there is no plat right now,
there is no approved plat. We have no subdivision. There is nothing in the works. The
plat's expired. While we all hope that the developer that owns the land now, comes in
and develops a fine subdivision and they move forward and it's profitable for the
developer and good for the community, as we all know, the best laid plans do not
always come to fruition. We have had five, six, seven years of that. So, this is a project
that may be developed soon, it may be developed never. So, a portion of the stockpiled
material is going to be retain for the owner for the use on the property. What use?
There is no use. There is no plat. The owner has not got anything in place and that is
just writing a blank check. Now, the problem with that is that the stockpiles -- this is
what we are talking about on the stockpiles, they will stockpile some material and we
don't know how much material, but right now there is a lot of material out there.
Stockpiles are -- if you will, stockpiles are part of mining operations. It says, look, the
stockpile is for future use, as opposed for current use, but it's part of the mining
operation. Stockpiling the minerals requires a conditional use permit and if it doesn't -- if
it doesn't, okay, fine. The alternative is if we are storing materials there, it's a
contractor's yard, which isn't allowed conditional or otherwise in this district. So, there is
Meridian City Council
June 24, 2014
Page 13 of 42
no good -- there is no good excuse for the stockpiling. Again, the result is they should
have this done and complete -- it should be done within the six months and if you will
indulge me just a couple more minutes. Maybe I have been entertaining.
Rountree: Just a couple more
Johnson: Okay. I would like to make one quick note that Idaho Sand and Gravel came
in and originally asked for an additional 60 days of mining and I'd like to point out that
Council should feel somewhat gamed, because from the time that this decision was
issued on April 17th -- of course as you know when an appeal is put in place a stay
goes into effect and what has happened since the approval, note that the Planning and
Zoning condition was, look, the mining stops now and the record is full of testimony of
how problematic this is in the residential area. But what they did is they note that there
is a clear statement that says no more mining, we are not going to do it, instead what
they have done is -- well, no pictures. They have gone and they have been mining pit
run as fast as they can since the entry of that first order. So, the appeal has,
essentially, served as a de facto extension. The city should feel gamed. Neighbors feel
gamed. We ask that the appeal be denied. We ask that the planning and zoning
conditional use permit as stated be left in place. Thank you. Any questions?
Rountree: Any questions?
Bird: I have none.
Zaremba: Mr. President?
Rountree: David.
Zaremba: Mr. President, thank you. Address the moving of the scales for a moment if
you would. It sounds to me the comments of the applicant that the truck pattern would
be the same even if the scale moved and there might be -- not be that much gained.
Johnson: I actually -- there are -- there is -- Tony Martarano can explain that to the
witness to explain the moving of the trucks. I can tell you what he's going to say briefly.
What he is going to explain is the current location of the truck scales coordinates with
the loading and all of the -- all of the loading and unloading and the movement of the
materials. When they get in and they move the materials on a certain side of the site it
disturbs the -- it disturbs the stockpiles, raises all of the dust into the air, blows over the
neighbors. The idea with the movement of the scale was that it will cause this activity to
be moved onto the other side of the site, which is on the other side of the stockpile,
which when they get in there, they are doing their work, they are disturbing this ground,
I mean they are already -- and, frankly, it's a fair request, because they are already --
they should already be on borrowed time. Because they are going to say, look, if you
are going to get up there and you're going to stir up this dust and you're going to move
this material, at least do it on the other side of the stockpile, so we can at least take
advantage of the barrier. They look, frankly, like the pyramids to me. Those stockpiles
Meridian City Council
June 24, 2014
Page 14 of 42
are creating -- it's at least a way to mitigate this problem in the meantime while they are
going to be moving this material. Tony Martarano can explain that better and Tony
Martarano can also explain the technical components of the -- the dust control
chemicals.
Zaremba: Thank you.
Johnson: Thank you.
Rountree: Other questions?
Bird: I have none.
Rountree: Thank you
Johnson: Thank you.
Rountree: So, as I successfully or unsuccessfully decipher your name from this list, we
are going to start down the list. David McCullough. He doesn't want to testify. Thank
you. Curtis Elton. I will suggest that those folks that were represented by Mr. Johnson
-- if you are going to also provide testimony to something other than what was
represented by Mr. Johnson --
Elton: I'm sorry, what did you say?
Rountree: Those of you who are represented by Mr. Johnson and wish to provide
additional testimony, would you direct your testimony to something other than what he
testified to.
Elton: Okay. My name is Curtis Elton. I live at 2906 West Val Vista and, basically, I --
the previous meeting I represented our subdivision and I had a signed petition on the 13
landowners, ten of them had requested no extension of the mining operation and to
follow the regulations that were set down in the last meeting. We have put up with dust
for years, for summers, it just is a continual process of trying to maintain a home within
reason, because the dust comes from the northwest and it blows right across and now
we have the sand dunes up there or the gravel dunes out there -- it just blows right
across the top and we continually get dust in our homes. If we have windows open it's
-- you can write your name on our kitchen table any one day after we have had doors or
windows open and we have had trouble in the past with them trying -- with them trying
to keep up with water trucks, because if they keep up with water trucks fast enough it
gets muddy. If they don't we get the dust and it's been a continual process for several
summers and we all would like to see an end to this as soon as possible. All of the
homeowners, except four -- two abstained and two others evidently like the flavor of
dust, the rest of us wanted to see no extension on the mining operation whatsoever and
reclaim the land as soon as possible and get it back within reason for our own homes.
Thank you.
Meridian City Council
June 24, 2014
Page 15 of 42
Rountree: Thank you. Tony Martarano.
Martarano: Council President, Councilors, I'm also representing a group. I need a
couple more minutes if I would and I'd like to address a couple of the technical issues
that everybody has questioned.
Rountree: Just, please, address issues that have not been previously brought up and --
Martarano: Explained?
Rountree: -- and we have had one representative of the group, so you will be an
individual.
Martarano: I'm actually representing four other individuals.
Rountree: Okay.
Martarano: A little bit about myself. My name is Tony Martarano. My address is 2030
West Aspen Cove Drive. My background -- I have been in the road construction, sand
and gravel business for 25 years. I currently am the owner of C&A Paving Company in
Boise, Idaho. As you have heard a neighbor testify, our biggest concern in this whole
ordeal has been the dust, the nonstop airborne. As far as a gravel pit in general is
concerned, Idaho Sand and Gravel, by any industry standards, has done a good job.
Nobody is saying they are not a good operator. The problem we have here is the gravel
pit is in a subdivision and there were not -- that was not taken into account when the
standards were written. Because of this special circumstance and in the spirit of
cooperation, we came up with some dust control measures that would help us as a
neighborhood and P&Z was kind enough to incorporate those in their conditions of
approval. In Idaho Sand and Gravel's letter June 16th they asked the Council to do
away with those conditions. They said they were either not possible or would create
undue financial hardship. Magnesium chloride was the first. They say that the
Magnesium Chloride will render their stockpiles useless. I have used mag chloride on
my haul roads and gravel pits occasionally and it works. Our application can -- one
application can last for several months, whereas water is dried up and gone as soon as
the wind blows and it's dry. The only way for water to work is if it's continuously applied,
especially to a stockpile. As far as the chemical makeup of mag chloride is concerned,
here is a couple of sources that I looked up, because I'm not an expert per se on mag
chloride. Wikipedia says mag chloride is, in effect, salt water. It's highly soluble in
water, hydrated magnesium chloride can be extracted from brine or sea water. The
mag chloride we get here in the northwest comes mostly from the great lake -- Great
Salt Lake brine basin. Some mag chloride is actually made from evaporated sea water.
This -- this chemical is not harmful or toxic and it's not required to be labeled or handled
as harmful or toxic. Mag chloride is very common and highly used as an effective form
of dust control, soil stabilization, and erosion mitigation. Epa.gov's website says -- their
section on dust control says mag chloride actually absorbs water from the air and holds
Meridian City Council
June 24, 2014
Page 16 of 42
onto it. It binds fine dust together and resists evaporation. When applied properly it
lasts for a long time. There is another up side to mag chloride -- as you saw in the
picture that was up there, the stockpile and if you noticed on the face of those stockpiles
the erosion that was taking place, that is the dust that's left those piles and that's hitting
us as neighbors. Mag chloride actually prevents dusting or erosion when applied to
gravel. It binds with the fine material and prevents the fine material in the gravel from
becoming airborne. IS&G stated that the mag chloride would make their material
useless. I think it actually helps keep it in spec. Because of the erosion that takes
place in the piles those outer layers of that material would theoretically be out of spec,
because the finely graded material are no longer there. I spoke with an independent
lab, as well as the highway department on this question. Would mag chloride damage
any of my stockpiles if I used it on them for dust control. Both answers were the same.
Neither of them had ever checked on that before and neither of them could see how it
could possibly damage the material. Mag chloride works. It's not typical in a gravel pit
application for stockpiles, but it is typical in gravel pits for dust control. Again, this is not
a typical situation. The stockpiles are the majority of the reason that we have the dust
problems we have. The second issue that Idaho Sand had issue with -- Wyatt Johnson
touched on, which was the scale house. The scale house -- the whole point of moving
the scale house -- it actually had had absolutely nothing to do with visual appearance or
eye sore. The thought behind that is if we could get the truck route and the scales
moved to the north side of these piles and keep any truck traffic from coming to the
south side for any reason while the reclamation was taking place in what is now
currently the mine, it would -- it would go a long way to help the dust problem as well.
There is no reason we couldn't do that, other than the trucks wouldn't be able to go into
the bottom pit and dump and haul back out. They stated that the scales are on a
concrete foundation and that the power is there and couldn't be moved. I would say --
there is a couple solutions to that. First off, the concrete foundation, if it is there, is
probably going to have to go away in four months anyway. Scales can be set on a
temporary block. A temporary power pole can be set in there and the power can be
moved. Or you can use a generator to run the little scale house and the scales and if
you don't like any of that you could -- you could also use a loader with bucket scales
and a printer and it will do away with the whole operation. Is that my time?
Rountree: If you would wind down I would appreciate it
Martarano: I guess in closing I would say that I believe the conditions that were
imposed could be complied with. I think it's simply excuses from a company that
doesn't want to change what they are currently doing. As stated before repeatedly we
have been dealing with this dust for a long time. We are looking for a reasonable
solution to our dust problem during the final six month conclusion period. I appreciate
your time. I will stand for any questions that you have.
Rountree: Any questions?
Bird: I have none.
Meridian City Council
June 24, 2014
Page 17 of 42
Rountree: Thank you.
Martarano: Thank you.
Rountree: Jerry Ross.
Ross: Jerry Ross. 2302 West Aspen Cove Drive in Meridian. Council Members, first
and foremost, if I may, I would just like to show you -- this is a sampling of the dust that
collects around our place. You're welcome to take a closer look if you please. You see
it's extremely fine. We had that sent into Analytical Laboratories in Boise. It came back
at 87.5 percent silica. Silica creates a health condition known as silicosis. It's extremely
hazardous and irreversible. This is what we live with every day when you see that dust
coming off of those stockpiles. One of the questions that I'd like to pose to Mr. Lakey is
why are we arguing to change conditions that he conceded to in the Planning and
Zoning meeting just in April. If you refer to the minutes of that meeting, page 32 -- and I
quote: We are willing to be subject to a condition that occur on the north side of the pile
and I believe that the scale has been moved to that location and that will happen
moving forward. He thought it had been moved already. We are willing to water the
pile if that's what you want. They agreed in April to those conditions. They haven't
followed through with any of them, but they agreed to it then. Why should we be
assured now that that's going to happen moving forward when they conceded to it
originally? The other point that I would like to make is the height of the pile has been a
big case for Mr. Lakey. While the height of the piles are a concern, it's primarily a
concern because of what comes off of those because of the dust. They are enormous.
The wind comes sweeping directly over there and you see it throwing and coming
across. As you look out to the valley it's obscured in as little as a 15 to 20 mile an hour
wind and when we get the 40 mile per hour winds coming through there you're
enamored with it. If you walk out into our yard when that is happening you can feel it
coat your skin. You can see it as you move back in. He mentioned also the areas that
are untouched, areas that grading has been done. He's correct. No grading has been
done in three and a half years to this reclamation project, which is what it was supposed
to start out as. The areas directly across my fence line -- and mine is one of the
properties that borders theirs -- has had nothing done to it but top soil pushed onto it.
That's all that has been done. That's one of the areas that he highlight when he was
pointing out to you. They have weeds that tall, which presents its own hazard, in my
opinion as we come -- especially as we come into winter months -- or, excuse me,
summer months. No effort has been done for any control on that -- on that factor. He
mentioned the stockpiles will be gone by November 1st and the question I would ask is
in April six months was no way, any way enough time to remove those piles. How is
four months now enough time? How can we get it done in four months now by
November 1st, as per what he just stated, if we couldn't get it done and no effort has
been made? The other point I'd like to touch on -- the city has mentioned several times
in their meetings and to the media -- they had a concern about whether or not they can
truly regulate mining and my argument would be to regulate the conditions of this permit
you don't need to have an understanding of mining. I have no understanding of mining.
Meridian City Council
June 24, 2014
Page 18 of 42
The majority of my neighbors, with the exception of Tony, have no understanding of
mining --
Rountree: If you could summarize, please.
Ross: Yes, sir. The things that we are asking for, the conditions to be met, are all
purely visual. It's very easy to look and see if that scale house has been moved from
one line to the other. It's very easy to determine if those stockpiles are gone. It is very
easy to determine if -- per the conditions, 1.1.2, reclamation of the site shall begin
immediately, leaving the areas where the stockpiles are located until last. That's all
visual. Should be able to be enforced. In summary I would ask that you, please,
enforce the conditions that were put in place by Planning and Zoning and the time frame
or lock the gates and ask them to leave the premises. Thank you.
Rountree: Any questions?
Bird: I have none.
Rountree: Thank you.
Ross: Thank you. Anybody want to see that?
Rountree: If you could give that to the city clerk. Then once you do you are going to
lose it.
Ross: We got lots more.
Rountree: Okay.
Cavener: Mr. President?
Rountree: Did you have a question, Luke?
Cavener: I do actually have a question for the speaker. Sir?
Rountree: Jerry.
Cavener: For Jerry. I was just curious, what was the amount of time that it took you to
accumulate that much dust to put in your bag?
Ross: Sweep off the patio once.
Rountree: Diane Ebeling. And you indicated you were against the extension. Bob and
Nadeen Marstad. You're against. Okay. Nancy Kendall. Thank you. Lisa Martarano.
Okay. Jack Haven. Thank you. Loren or Lorraine Ross. Thank you. Cindy Bennett?
Thank you. And Paul Bennett. Thank you. Maureen Brewer.
Meridian City Council
June 24, 2014
Page 19 of 42
Brewer: Maureen Brewer. 2112 West Aspen Cove Drive. Mr. President, I will keep my
comments very brief. I just wanted to add that for me personally this is about my family.
This is about my quality of life and that of my neighbors. I have a black lab at home. I
have a 17 month old toddler. I have a little girl due at the end of the summer. My
husband and I didn't move into this neighborhood with the intention of raising our
children in a gravel pit or next door to an active mine. This is real life. This is my life.
This is my neighbors' life. It's our kids and our grandkids. This isn't some hypothetical,
you can see it in the pictures yourselves. This isn't some theory. This is happening.
For all intents and purposes the message so far as been that Idaho Sand and Gravel
believes they get to call the shots, they get to do whatever they want on their timeline
and provide any old excuse for it and the rest of us just have to deal with it. That
doesn't sit well with me. I have an obligation to advocate for my neighborhood, for my
family, for my son and for my unborn daughter. Thank you.
Rountree: Any questions?
Bird: I have none.
Rountree: Thank you. This is a guess. Glen Hickey. You have deferred. Okay. And
you're against. Rich Brecker. Against. Ryan Russell. And you indicated you are for.
Russell: Yes. So, my name is Ryan Russell. I live at 5532 North Fox Run Way in
Meridian, Idaho. I'm here representing Idaho Sand and Gravel. Really I just wanted to
address a couple of technical points that were brought up here in past testimony and,
then, really stand for any questions that you all may have of me. So, let's just clarify in
the loading of materials. Currently we are loading out of the north side of the stockpiles
and we agree with that condition. It buffers the residents from the dust and from the
noise of that -- of the loader and that operation. One of the restrictions that was put on
us is that the neighbors didn't want to hear backup beepers on trucks, so trucks need to
pull in the site and circle around the site and leave the site, always going in a forward
motion. Okay. So, whether the scale is moved or not they will still make the exact
same loop they are making right now and they will always be loaded on the north side of
that pile. So, you know, just to clarify that condition. One other thing, too, is Mr.
Johnson mentioned that removal of pit run is not allowed on the site per the CUP
extension, which was granted by Planning and Zoning. The paragraph that he had up
there right when he said that clearly states that that is an allowable use under the CUP
extension and that continues to happen right now. So, just so we are all clear on that.
That material is loaded out and hauled off. Mag chloride, you know, Mr. Martarano,
owner of a construction company and gravel pits himself, you know, he stated it himself,
he doesn't know what mag chloride will do to these piles. We believe that they will
degrade the quality that we need to have in our piles to be able to sell to the state of
Idaho. Specifically he mentioned having bucket scales on a loader, which is getting way
too technical for this conversation, but that's -- it's not an allowable way to measure
weight of material for the state of Idaho and with a lot of the clients that we have. So,
that is not an option for us. We do have to scale this material on a certified scale.
Meridian City Council
June 24, 2014
Page 20 of 42
Other than that I just wanted to point out that from day one -- a lot of these people were
not here on day one when we came with this conditional use permit and this request.
From day one we always stated that this was a market driven condition. This -- to be
able to move the amount of material we have out of here in three years has been a
tremendous feat. A ton of material has been moved out of this site. The original plan
for this site was to lower the elevation of the site to protect the permanent views of the
neighbors. Okay? So, they have all been supportive of this mining operation to begin
with, because they wanted to preserve their views of the valley. Lowering the site is --
Rountree: Folks, excuse me. Let's be civil.
Russell: So, to be clear, the people that participated in the original CUP they -- that was
their intent and so that's really what started this whole thing. We are going to be left
short. You know, we have asked for more time than we have been granted. We are
fine with that. Ultimately it's going to leave excess material on the site and it's got to be
dealt this and it will be. We are just asking for a little bit of time to make sure we uphold
-- really hold our end of the bargain up and get completed out there. So, if you have
any questions for me I would be glad to answer them.
Bird: Mr. President?
Rountree: Mr. Bird.
Bird: This isn't really a question. Take this as a statement. Regardless of what
happens tonight, I hope that within this week those weeds are down around your
property. Okay?
Russell: Yes, sir.
Rountree: Other questions?
Cavener: Mr. President?
Rountree: Luke.
Cavener: Just a point of clarification. You indicated that you sell your gravel to the
state and that -- and you were concerned that the magnesium chloride could degrade
your product, you wouldn't be able to sell it to them. Have you had any indication from
the state that they wouldn't purchase that and what was their rational for that?
Russell: You know, we have not treated our material ever in the past with that chemical
and we have never experienced what that would do. In my experience it's been used
on roads -- haul roads specifically and when put down on roads it retains a lot of
moisture and becomes slick, really greasy -- it works in dust compression that's for sure.
You know, one of the things we have seen is that the EPA does actually regulate mag
chloride. It is a regulated chemical. In excess it can actually contaminate groundwater,
Meridian City Council
June 24, 2014
Page 21 of 42
so, I don't know, there is a lot of concerns that we would like to address before we treat
our material with a chemical.
Cavener: Follow up? But nothing from the state saying they wouldn't purchase your
product if it was treated?
Russell: We have never asked, we have never tested it, and we have never tried.
Cavener: Okay. Thank you.
Rountree: Further questions? Thank you. Appreciate your time.
Russell: Thanks.
Rountree: Richard Kelly. And you're against. Very good. Thank you. Brian Shay.
Thank you. Randall Petrovic. Thank you. Keith Ebeling.
Ebeling: Members of the Council, my name is Keith Ebeling and I live at 2150 Aspen
Cove Drive. I'm going to keep this short, because they have done a good job of
explaining what's happening. I just had a couple of points I'd like to make. Number
one, I have been living very close to this project for three years and to be perfectly
honest, I don't trust Idaho Sand and Gravel. They don't do what they say they are going
to do. For three years they have been going to reduce their -- the level of that grade
and they haven't done it. They have start times and finish times -- they have started
before they was supposed to start. They finished after they was supposed to finish.
They have worked on the weekends. I personally had to call the police and have them
shut down. This is why I don't trust these people. They don't do what they say. Now,
Mr. Russell has got up and said on several occasions how he wants to be a good
neighbor. I don't need neighbors like that. Thank you. The other thing is as he just
mentioned that they were hauling out of the north side of that pile. Well, this afternoon I
heard them loading their trucks up with ore, which I thought they weren't supposed to be
able to mine anymore ore, so I drove up and I watched. They were hauling ore out of
the pit. They were going right by the south end of the pile around the north -- not just
hauling from the north side of that. And the other option they had when they put this
thing together and if they don't put the chemical on this they could put PVC pipes over
there and water that thing, because, I will tell you, for three years I have suffered. I
have a dry hacking cough that I have developed since this whole thing came in and a lot
of my neighbors are complaining of the same symptoms and if I thought there was any
chance that these people would do what they say they would do -- but they didn't do it in
the first 18 months, they didn't do it in the second 18 months, and I would almost lay
odds that in six months they would be back here saying, hey, guys, guess what, we
need another shot, because we couldn't get it done. And to quote that famous
philosopher from the New York Yankees baseball Yogi Berra, it's deja vu all over again.
Thank you.
Meridian City Council
June 24, 2014
Page 22 of 42
Rountree: Thank you. Nancy Brutter. Can't read your writing, Nancy. Robert Carlson.
Okay. Susan Carlson. And I think it's David Cordova. Okay. And Janice Cordova.
Okay. Thank you. Sylvia Liddell. And Gary. If you wish to speak to the Council you
need to come up here. Okay. Thank you. Council, are there any further questions of
staff? Okay. Applicant. Excuse me, Todd. We have people who wish to testify.
Then, please, come up here and approach Council. Oh. And I see some hands
waiving in the very far back. Okay.
Hickey: My name is Glen Hickey. I live at 2143 Aspen Cove Drive in Meridian. Ryan
Russell got up here and said that they are making a tremendous effort to lower this
grade and I don't think anybody's really made much of a plan of all the material that they
are hauling back in there and it's really going to take a long time as long as that
continues. They are not going to make any headway at all on lowering the grade. I
think that's -- you ought to take into consideration.
Rountree: Okay
Hickey: Thanks.
Rountree: Thank you. The gentleman in the back. I usually see this guy on an elliptical
machine, but --
Przybos: Steve Przybos. I live at 2530 South Del Rey Lane. I'm directly behind the
project. And I just want to say the first two meetings we had for this project there was
nobody here. Nobody came to find out what was going on. I was here. And you guys
approved it. The second time they came for an extension there was nobody here. And
all of a sudden they are complaining. If they were here they would have got a copy of
the grading, they would have known what was going on. They were doing this for the
benefit of us to keep 800,000 dollar houses from look at peaks of roofs and stuff like
that. And now all of a sudden everybody is complaining -- you know, they don't even let
them finish their project. Sure, they are taking about -- they are taking out gravel now,
they are not mining it, they are cutting the grade down like they were -- they were
supposed to. And, you know, everybody should have known about this, they should
have come to the meeting and they would have known exactly the timeline and even on
the third time I was at City Council -- or the Planning and Zoning, they asked me if I
would approve a third and I said at the time if they need a little bit more I could -- so,
nobody else was here at that meeting. That's all I have to say.
Rountree: Thank you.
Zaremba: Mr. President, may I ask some questions?
Rountree: Steve, we have a question for you. Mr. Zaremba.
Meridian City Council
June 24, 2014
Page 23 of 42
Zaremba: This is a question I probably should have asked earlier, but since you're here
I will ask you. The mining operation, as I understand it, also includes a crushing
operation. You're saying what they are doing now is not mining. Are they crushing --
Przybos: They are not crushing anything.
Zaremba: That has stopped entirely?
Przybos: Everything is gone. All the crusher and stuff is gone. Just basically they are
taking pit run -- the natural pit run for the grade. I mean if it was all dirt they would be
grading the dirt off.
Zaremba: I'm sorry, Mr. Chairman -- or Mr. President, a follow-up question. Somebody
mentioned pit run earlier and I have no idea what that is.
Przybos: That's just natural gravel and sand mixed.
Zaremba: Okay. Thank you.
Przybos: Nothing has been crushed.
Zaremba: Doesn't require digging and crushing; is that what you're saying? Thank you
Rountree: The gentleman in the back. I need you up here.
Bower: My name is Jacob Bower. I live at 2300 Aspen Cove and I'm against. I just
moved into the neighborhood, so I didn't know about the previous meetings. But I was
against it the whole time.
Rountree: Thank you.
Martarano: Hello. My name is Lisa Martarano and I live at 2030 West Aspen Cove
Drive. One of the pictures that they are showing you up there is -- is a backyard. You
can see half a kitchen and half a fence and the pile. That one. That's our backyard.
That monstrous pile -- there is nothing between our backyard with the outdoor kitchen
we had built and the pool that we have blocking any of that dust and it comes directly
into our yard. There is no way to keep it out. It's disgusting. The vegetation and weeds
that they had said earlier about blocking it, those are apparently the weeds that they are
not supposed to even have there. There is no -- there is nothing between that stockpile
and our house. They had said something about selling pit run to the state. Well, for
one thing that is only putting pennies in their pocket. Actually, dollars. Also, it's not just
the state hauling pit run out. I mean I could probably watch and name ten, 20 different
trucking companies. They are not just going there for whatever. In some of the pictures
you see trucks dumping -- they are dumping -- the dirt and stuff that they are dumping
there has garbage in it. Why on earth would they have to haul it in to dump it there to
eventually have to get rid of it? That does not make -- to me it does not make a lot of
Meridian City Council
June 24, 2014
Page 24 of 42
sense. And then they said about the mag chloride, it could possibly damage their
material. How long does it take for mag chloride to actually damage material? Because
technically in four months all that should have to be gone. As of the last hearing on
April 4th, the day that -- it was the last hearing. They were still mining and crushing.
They were already supposed to have been stopped and out of there and, then, they
asked for the extension. Nothing has been done to clear up any of it. We see the
trucks all the time. And if you look at these pictures, all taken at various times you will
not see one water truck anywhere. The piles -- you know what, they show them from a
distance. We show the vegetation, which is like somebody out of the ground taking a
picture looking up. This is actual -- this is what we get to face with our yards every
single day and it's -- we can't even go sit out in our backyard and enjoy our backyard
because of all the dust. It's just -- you know, enough is enough. I mean they have
proved time and again that, well, you know, we are just going to ask for another one and
-- I mean it's got to the point where -- come on. You know, they need to comply with
what was originally set forth at the last meeting and they need to get themselves out of
our neighborhood. They do not belong there. The gravel pit does not belong in a
neighborhood, in a subdivision, and I think they have had plenty enough time, especially
since they have made zero effort at all to move anything, except for selling it for the
trucks that are coming in and out and as I mentioned as far as the dumping --
Rountree: Summarize.
Martarano: That's basically my summary.
Rountree: Okay. Thank you.
Martarano: Any questions? Thank you.
Rountree: Thank you.
Przybos: I'm Susan Przybos and I live at 2530 South Del Rey Lane and we sit adjacent
to the project. There is water trucks that all the time -- I don't know if everybody -- we
can see from our second story right into this whole project and there is water trucks
there when I get up in the morning, I see water trucks all day, they are doing a very
good job. We don't have dust. But I'm one for -- we are in this, let's finish it right. It
needs to be reclaimed the way it was supposed to be, ready to put the homes, whatever
is supposed to go in there. We don't want to look at this the rest of our life and if you
make them not -- leave without finishing the project, then, the whole -- everybody loses.
Everybody -- because if they pull up and go that isn't going to go away, the dust isn't
going to be reclaimed, the land needs to be taken to the building plat plan, reclaimed,
and, then, if these people think that there is not going to be dust when they start digging
foundations, making roads, the dust isn't going to go away until that's all a subdivision or
-- I don't know whatever it's going to be. But it needs to be finished and finished right,
so the value of the property owners, surrounding for the City of Meridian -- nothing is
going to be done if they have to quit in the middle of their project. I say let them finish
until it's done right. Thank you.
Meridian City Council
June 24, 2014
Page 25 of 42
Rountree: Anyone else wish to testify? Seeing none, okay, Todd.
Lakey: Mr. President, Council Members, again, Todd Lakey, 141 East Carlton,
Meridian, Idaho, for the record. Council Members, Idaho Sand has been a responsible
operator over the years. Appreciate the testimony of some of the neighbors. Start out
with 18 months. That was an opportunity for them to prove theirselves. They came
back at the end of those 18 months and showed they had a good record. There was no
opposition. They were given the additional time to operate and there was initially a
clause in there that said no additional extensions. That was removed and specifically
addressed that we had the opportunity to come back in and ask for additional time. The
applicant's representative stated that we would complete everything. We promised we
would complete everything within three years absolutely. We have been very clear -- he
leaves out the context. We have been very clear that this was a market driven project
and the time to complete the entire property was an estimate and they came pretty
close. They are ten to 15 percent away if they were to complete all of the -- the mining
to remove everything. But Planning and Zoning Commission and the city determined,
no, we want you to stop before you get everything mined and, again, we are willing to
live with that. We will complete the mining operations and the related operations within
those six month -- those six months that have been given. The mining operation will be
cleaned up. Council Member Zaremba, as was stated, there is no crushing going on on
the property. All of that is removed. Essentially what we are talking about now is
removing the stockpiled material and reclaiming the site and those are the things that
we have been involved in since the Planning and Zoning Commission's decision and
continue to follow through on today. The applicant's representative also stated that
there is no use approved on the property. That's simply not true. There is a binding
development agreement that's in place on the property. The property is zoned. Yes,
the plat's expired, but you don't have to have a plat, as we stated again, to grade the
property. When we are complete with the reclamation of the site and closing of the
mining operation, again, Mr. Barton can go in there and move things around to his
heart's content. He may waste his time and money and not do something that's
ultimately approved, but he has the ability and the authority to do that. And, Council
Members, I don't want you to be gamed. The applicant's representative briefly showed
the condition that some of the -- those in opposition referenced, 1.1.1, in relation to
Idaho Sand's removal of material from the site. The condition reads: No further mining
excavation material from the ground or processing, screening, crushing of material shall
be allowed on the site. Don't stop there. You got to keep reading. It says this does not
include the removal of native, unprocessed material that may need to be removed from
the site to achieve the final grade shown on the approved grading plan, which is
allowed. That's what they have been doing is reminding -- removing and excavating pit
run, which is native, unprocessed material. It's still used in construction, but they have
been complying with the conditional use permit and those conditions that are in place. I
think we addressed those conditions. Council Members, we can control the dust
through more appropriate means that do not -- does not put our material at risk by
watering with a water truck. Again, there is not a well at the site. That's how we water
the roads. Now, some of those in opposition mentioned that they haven't seen a picture
Meridian City Council
June 24, 2014
Page 26 of 42
of a water truck. Well, if you look at a lot of their pictures those piles are wet, you see
puddles, and you see dark spots on the roadways. They must have just missed the
water truck. I appreciate the neighbor that mentions water trucks are out there
constantly. They do a good job in trying to control dust. But, again, it's a gravel
operation, so we need to take steps to do that. But we have been responsible in our
efforts to do that. I think the scale house and backup alarms were adequately
addressed. The trucks are going to go that way anyway. It doesn't make any sense to
move that. Mr. Ross briefly mentioned the dust and the silica. Council Members, it's
not the presence of dust and silica -- silica is one of the most common elements on the
planet and it's found in everything. It's the size of silica particles and they say it's fine,
but we kind of went past the internet research, we had an environmental scientist come
on site and take samples. There was not quantities of silica that posed a risk of silicosis
as a result of the operation. I'm not sure -- Council Members, my time is up. I would
simple conclude by saying we will complete the gravel and mining operations and
reclamation of the property within the six months. We simply want to be able to
complete the grading -- the untouched portions of the property to complete what the
landowner wants to do with the site in the future under the conditions of the new
conditional use permit and we need additional time to do that. With that, Council
Members, I'd stand for any questions.
Bird: Mr. President?
Rountree: Mr. Bird.
Bird: Mr. Lakey, if -- how close is this property to the canal?
Lakey: Council Member Bird, I can show you here on this exhibit. I think.
Bird: I wish we could go to a different --
Lakey: Maybe not.
Bird: There we go. There we go.
Lakey: You can see in the blue -- I'm not sure why I'm not getting green. Not getting
color. You can see in the blue, Council Member Bird, the canal. It abuts the canal on a
portion. There is a berm built up between the site and --
Bird: Why couldn't we look doing like they do in sawmills and seeing if we could take a
pump and put in there and, then, put some sprinklers on top of that and have water
going on top every so often. I don't know whether -- maybe we would have too much
erosion or something, but that would definitely help keep the dust down off of those
piles. I can -- especially when the wind and stuff comes up that they would be doing
something like that. And, then, one other question. The fill that we are seeing brought
back in there -- I know it's not top soil, because it's got everything wrapped in it, but is
that onsite fill or is that being brought from another location?
Meridian City Council
June 24, 2014
Page 27 of 42
Lakey: Council Member Bird, I will try to answer the first question first. I was mistaken.
Looking at the blue -- the blue was Overland Road. The black is the canal. It's kind of a
bluish gray right next to it. That's the canal that meanders there on that boundary.
Bird: That's what I thought.
Lakey: And, Council Member Bird, to take water out of that canal you got to have water
rights and someone to do that. I don't believe us as leasers have the ability to do that. I
would defer to Mr. Russell, but we are getting our water from a particular location and
applying it to the property. But there is not a well to provide that sprinkler system. So,
we can handle it via a sprayer, just have to do it often enough to make sure it's effective.
Council Member Bird, as far as bringing some material on site, I think -- if I can visit just
briefly with my client I want to -- Council Member Bird, there has been the occasional
load -- a small amount that has come in there from off site. If there is material that's not
appropriate to be located in there we ask those individuals to correct that or we correct it
ourselves. So, it's not something that stays in the property.
Bird: Follow up, Mr. President. Todd, what -- how close were you to the elevation that
we are supposed to be at when you're finished with your mining? Do you have any
idea?
Lakey: I might defer to Mr. Russell on that. I --
Bird: Why don't you bring him up.
Lakey: Okay.
Russell: To address your question, in the areas that we have housed the mining
operation there are some areas where we are potentially maybe five or six feet above
that final grade, some areas are 15 feet. I would say half the site is probably within a
foot. So, there is a lot of areas that are close to the finish grade, but some areas are
still getting work currently.
Bird: So, we are not going to have to bring in a bunch of fill and stuff?
Russell: No.
Bird: Other than topsoil when they get ready to finish it.
Russell: Yeah. There will not be a need for fill on this site. We will have excess
material that we never got to mine.
Bird: And how -- you're not doing any mining or anything right now, so -- and I realize
that supply and demand is taking care of those piles. Are we going to be -- November
1 st have those piles gone or --
Meridian City Council
June 24, 2014
Page 28 of 42
Russell: Let me clarify that supply and demand is not taking care of those piles, but we
will commit to having those piles off of this site by November 1 st, whatever it costs us.
Bird: That's what I'm saying, you're depending on supply and demand right now.
Russell: Yes.
Bird: And you're not getting it.
Russell: We are actually right on track. If you take the amount of time that's elapsed
from the six month extension we are -- we have removed 35 percent of the remaining
material in 33 percent of the time. So, we are just ahead of schedule.
Bird: Okay. But by November 1st it will be gone?
Russell: Yes, sir.
Bird: Thank you
Milam: Mr. President? Mr. Lakey, this question is probably going to have to get Mr.
Russell back up here, but there is an obvious discrepancy in the watering that's
happening. Some people say it's getting watered and most of the neighbors are saying
it's not getting watered. I would like to know how often it's getting watered.
Russell: So, there has been a water truck on site continuously for the entire operation.
On days where we have a lot of activity -- in some cases we have two water trucks on
site. If you go out there and look on the site at any given moment you may not see a
water truck there, because it's running down the street to refill its tank. That's the only
time it's not physically on the site.
Milam: And are they watering all around? Based on the pictures that I saw there is an
extreme amount of dust and the piles look pretty dry. So, I mean outside and the inside
and the roads --
Russell: The majority of the time the focus of our dust control is the haul road itself or
where the loader is operating, because that's what kicks up the dust. And we have had
some traumatic windstorms here this spring and a lot of those photos you're seeing are
on heavy wind events and I'm not going to sit here and deny the fact that when it blows
50 miles an hour we are going to get some dust off that site. And, you know, we do our
best to control that as we can. At that point we just shut down and try not to disturb
anything, because the more we disturb the more dust it kicks up.
Milam: But if you had -- but watered the stockpiles, then, maybe that wouldn't be an
issue.
Meridian City Council
June 24, 2014
Page 29 of 42
Russell: No. At that point that's -- water on the stockpiles with that high of wind
probably is not going to help anything.
Milam: Okay. Thank you. Mr. President, I have another question. If you're having
such a hard time getting rid of what you have already mined why are you bringing in
material from somewhere else?
Russell: Well, to answer that question we have been plugging along for three years
with the expectation that this is a market driven activity. We got zero opposition in the
first extension and so we just assumed that, hey, listen, we are going to be close or we
are going to come back in and ask for 18 more months and that's going to be the final
request and we will have everything done. So, we were kind of plugging along with the
expectation that with no opposition we would get an extension.
Milam: I was under the impression that this material has been brought in since the
decision from Planning and Zoning.
Russell: If material has been brought in it's been -- it's been from somebody that did it
without permission and in a lot of cases we have loaded it back up and sent it off --
Rountree: Folks, please.
Russell: You saw a pile of rock in some of those pictures. I mean I can specifically
speak to that event. One of our truck drivers brought it back, piled it there. Of course
we are going to have to load that up and haul it off the site. So, we have a lot of people
coming in and out of that site and mistakes happen sometimes. But we would rectify
anything that's put in there, especially with debris.
Milam: Thank you.
Bird: Mr. President?
Rountree: Mr. Bird.
Bird: Mr. Russell, on the watering of the stockpiles you have got a -- you have got a
pumper out there that you're spraying up on the -- able to get up on top of the piles and
stuff?
Russell: Yes. So, imagine like a fire nozzle on the --
Bird: That's what I mean.
Russell: They can shoot up high.
Bird: Okay.
Meridian City Council
June 24, 2014
Page 30 of 42
Russell: And so the intent with the water on the pile is if you water that enough and with
natural rains it creates a crust on that stockpile, so as long as we are not disturbing that
stockpile it does it does a pretty good job of controlling the dust when we get wind
storms. So, we you know, what we are trying to do is very minimally disturb that pile
as we load out and so that natural crust protects from dust coming off the site. A lot of
those pictures you saw were right after that pile had been put there and it had not had
the time yet to form that crust and protect us from the dust.
Bird: Thank you.
Rountree: Further questions? Thank you.
Lakey: Thank you, Mr. President.
Rountree: Discussion?
Bird: Mr. President?
Rountree: Mr. Bird.
Bird: Sonya, as I understand they are going to have everything -- all the basic mining
and stuff done and off site by November 1st, then, they want to wait until -- or get
through October to get the reclamation doing -- done; is that not right? Is that what the
extension is for?
Watters: Councilman Bird, Councilmen, the November 1 st deadline was to remove the
existing stockpiles and reclaim the site.
Bird: Reclaim it?
Watters: Yeah. They wanted the additional time until June 1st of 2015 to grade the
site.
Bird: June 1 st. Okay. And that's what the appeal is for is --
Watters: Yes. For that extended period of time. That's a portion of the appeal.
Bird: There would be nothing but just reclamation of the -- getting it back.
Watters: It would just be grading the site after the reclamation was done and that's just
minimal slope stabilization per the state's bureau of reclamation's requirements.
Bird: Follow up?
Rountree: Mr. Bird.
Meridian City Council
June 24, 2014
Page 31 of 42
Bird: And, Sonya, do we have -- seeing how we don't have a preliminary plat, do we
have any idea what kind of work this is going to entail?
Watters: Councilman Bird, Councilmen, we do have a grading plan that was approved
with this conditional use permit that was based on that development plan with that
preliminary plat that was in existence at that time.
Bird: But that was not -- that was with a different owner of that -- of the property at the
time.
Watters: It was.
Bird: Now we got a new owner.
Watters: That is correct.
Bird: Okay. Thank you very much, Sonya.
Milam: Mr. President. I don't know who this question is for, maybe Sonya. So, at the
decision of the Planning and Zoning one of the issues that's also come up tonight was
whether or not the grading was going to be part of the reclamation. Was it -- given the
impression that they were all one thing or was there all along two separate activities?
Watters: Council Woman Milam, Councilmen, since the original conditional use permit,
the applicant represented in their application that they would have their mining, their
reclamation, and their grading, separate items, done within -- they said at the time it
would probably take three years to get done. It's always been separate. Staff has
always included it separately also and with the last Commission's action it was also
separate. It was intended for everything to be done on the site by November 1 st. Six
months.
Milam: Thank you.
Zaremba: Mr. President?
Rountree: Mr. Zaremba.
Zaremba: Somebody mentioned that there is a change of ownership in amongst all of
this. It's my understanding that CUPs and plats and other conditions run with the land
and it doesn't make any difference who owns them. Am I mistaken in that or is that
true?
Watters: Council Zaremba, Councilmen, that is correct. They do run with the land.
Zaremba: Okay. So, what we are talking about here is even though the applicant now
is trying to separate grading from all the rest of it, the original conditions, whether it's the
Meridian City Council
June 24, 2014
Page 32 of 42
current owner or not -- which clearly included the grading in what needed to be
completed, were agreed to and if it changed hands the new owner should have or could
have known that those were part of the condition and I mean to me it's a little misguiding
to say that they are not the same thing. Whether or not there is a distinction in the law,
the original conditions required all of those things to be done and completed on a
certain date. Now, that date has been extended once and again and, finally, to a final
time, which the applicant is appealing to extend again. I guess the struggle I have -- if I
was a neighbor of this how long would I put up with it? I have a struggle with it going on
this long. I think it needs to come to a conclusion. Every application that comes before
us I consider the same thing, whether I would like to have it in my neighborhood. This is
one that I certainly would not like to have in my neighborhood and I think the neighbors
have been very patient. I don't think when we enabled mining in -- in a residential
district we envisioned it turning into a commercial profitable operation. There was a
purpose for it at the time which was to expedite the Ten Mile interchange and Ten Mile
roadway north and south of the interchange, which would have been to the benefit of all
the citizens and even to the neighbors of this. I think what we have here is an example
of what can go wrong when you have good intentions. I am accepting of the fact that
things have gone wrong and I believe this needs to be concluded as quickly as possible
and it would be my inclination to deny the appeal and uphold the findings of the
Planning and Zoning Commission. When it's appropriate I would make a motion to that
effect subject to other discussion.
Milam: Mr. President, do we need to close the public hearing?
Rountree: If you have got more questions or discussion --
Zaremba: We are still talking, but before I make a motion.
Rountree: -- we will keep it open until you run down.
Cavener: Mr. President?
Rountree: Luke.
Cavener: Councilman Zaremba is much more eloquent in his words than I think I could
ever be. But I think it's important to add that I -- I appreciate having this process -- this
opportunity tonight to hear from the applicant from their point of view and the effort that
they have tried to make to be a good neighbor. On the flip side I think we see here
tonight from those in attendance that there are many people in this neighborhood that
have been very patient and have been very good neighbors and from what I have heard
tonight is their patience has run out and their willingness to be good neighbors has run
out. I believe that our Planning and Zoning Commission, for very specific reasons, and
the reason that you were before them in April was to address this issue. Again, I agree
with Councilman Zaremba, I would not want this development in my backyard, I would
not want it in my neighborhood. I think almost all of those in attendance feel the exact
Meridian City Council
June 24, 2014
Page 33 of 42
same way. So, I would -- I would lean towards agreeing with Councilman Zaremba that
I would be -- be willing to deny this.
Rountree: Any comments, further questions?
Bird: I have none. If we are done we can close the public hearing.
Zaremba: Mr. President?
Rountree: Mr. Zaremba.
Zaremba: I move we close the public hearing on AP 14-001.
Milam: Second.
Rountree: It's been moved and seconded to close the public hearing. All those in favor
signify by aye. Anybody opposed?
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Zaremba: Mr. President?
Rountree: Mr. Zaremba.
Zaremba: I move that we deny the appeal represented by AP 14-001 and by that denial
it means that the provisions of the CUP as passed by the Planning and Zoning
Commission stand as given by the Planning and Zoning Commission.
Milam: Mr. President? Mr. Zaremba, I -- I would recommend maybe a slight change.
Bird: Second it first.
Milam: Would be if -- if moving the scales doesn't alleviate any traffic from bothering the
neighbors I don't know that that would be a necessary expense for the applicant. On
the other hand also would -- I would like to see more specific watering schedule, as
opposed to when necessary. When necessary is just too vague for me.
Zaremba: Mr. President?
Rountree: Mr. Zaremba, I have a motion and I'm looking for a second before we do the
discussion.
Cavener: I will second.
Meridian City Council
June 24, 2014
Page 34 of 42
Rountree: It's been moved and seconded on the motion. Now we have had a little
premature discussion, but that's just fine. That's all right. So, the maker of the motion
has heard the --
Zaremba: The maker of the motion could agree, but I don't see a gain -- or the ultimate
objective is not necessarily served by moving the scales and I guess the question I
asked earlier is similar to that. The truck traffic is going to follow the same path
regardless of where the scales are and apparently that's a factor of having the trucks
not back up. So, the maker of the motion would be happy to make that one change to
the Planning and Zoning Commission's conditions, that the scales do not need to be
moved. As for defining a more specific watering plan, we already have ordinances that
require dust and blowing abatement. DEQ also has state ordinances and I -- I think
maybe we need to bring this more the DEQ's attention, but I would be more inclined to
leave it at that. So, I probably wouldn't add that piece to the motion.
Rountree: So, does the second agree with the amendment to add the --
Cavener: Yeah, I will agree to it.
Zaremba: To not move the scale.
Rountree: Not move the scale.
Cavener: Second agrees.
Rountree: Any further discussion on the amended motion? Okay. It's been moved and
seconded—
Zaremba: Mr. President. Actually, I would clarify. We are talking about the
reclamation, including the grading and finishing the site, which was the original
agreement, and not making that a separate issue that could go on forever. It needs to
be concluded November 1st as well. That's the clarification.
Cavener: Second agrees.
Rountree: Second understood that. It's been moved and seconded as stated by Mr.
Zaremba. Roll call vote, please.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea;
Cavener, yea.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Rountree: Thank you. Thank you all. And you don't have to stay for the rest of the
meeting, but you're welcome if you wish. Let's take a short break here, so we can have
a little noise control.
Meridian City Council
June 24, 2014
Page 35 of 42
(Recess: 8:35 p.m. to 8:45 p.m.)
Item 8: Department Reports
A. Mayor's Office: City Survey Acceptance
Rountree: I'm going to call us back to order. Items -- the department reports from the
Mayor's office and I'm just going to have Robert stand up here. We will let Mark wait
until the end. He's got all but one of these department reports I believe, so why don't
you just --
Simison: All right.
Rountree: -- run all through them.
Simison: All right. Council President, Members of the Council, I'm hear today -- you
heard a report two weeks ago on the city survey. You should have received a copy in
your box and a report for your review. If you have any comments I'm happy to take
them. Otherwise, we can take a motion to accept the city survey, get it posted up on
the city website and use the information that we received --
Rountree: Is your mike on?
Simison: It should be. Sorry.
Rountree: Get a little closer.
Simison: Okay. Sorry. So, if we have a motion to accept the city survey we can use
that and put it into the city's strategic planning process and notify the citizens of and put
it on the website. I will stand for any questions or comments.
Rountree: Any questions for Robert?
Bird: I have -- I haven't had a chance to look through it that much, but let's get the
proposal out and get people looking at it.
B. Mayor's Office: Resolution No. 14-997: Adopting 2014 Meridian
Citizens Survey Results
Rountree: That brings us to Item B, which would be the resolution number accepting
the --
Bird: Mr. President. I move we approve Resolution 14-997.
Cavener: Second.
Meridian City Council
June 24, 2014
Page 36 of 42
Rountree: It's been moved and seconded to approve that particular resolution. Roll call
vote.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea;
Cavener, yea.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
D. Arts Commission: Budget Amendment for Spending Authority
for Concerts on Broadway for the Not -to -Exceed Amount of
$15,000.00
Rountree: And Item D. Arts Commission.
Simison: Arts Commission. What you have before you is a budget amendment for
spending authority for the Meridian Arts Commission for monies they raised for their
Concerts On Broadway. Happy to answer any questions.
Rountree: Any questions?
Bird: Mr. Chair?
Rountree: Mr. Bird.
Bird: I move we approve the budget amendment for spending authority for Concert On
Broadway in an amount not to exceed 15,000 dollars.
Cavener: Second.
Rountree: It's been moved and seconded to approve Item D. Roll call.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea;
Cavener, yea.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
E. Mayor's Office: Mayor's Youth Advisory Council Budget
Amendment Request and Spending Authority for Ball at the
Hall for the Not -to -Exceed Amount of $2,275.00
Rountree: Item E.
Simison: I don't have the -- which one is that, the --
Rountree: That's the Youth Advisory Council budget.
Meridian City Council
June 24, 2014
Page 37 of 42
Simison: The budget amendment you have in front of you is a budget amendment for
the youth council. Again, it's funds that they have raised through their Ball at the Hall
that will be used to pay their expenses and Buckle Up For Bobby. Be happy to answer
any questions.
Rountree: No questions?
Bird: Mr. President?
Rountree: Mr. Bird.
Bird: I move we approve the budget amendment for 2,275 dollars for the MYAC Ball at
the Hall.
Milam: Second.
Rountree: It's been moved and seconded to approve Item 8-E. Roll call.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea;
Cavener, yea.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
F. Mayor's Office: Budget Amendment for Special Projects for a
Not -to -Exceed Amount of $60,000.00
Rountree: Item 8-F.
Simison: We have a budget amendment in front of you for a special project for
professional services for other government that we would like to get started on for this
year. It will also be carried forward and it will be brought forward later in this year for the
rest of fiscal year '15 or for fiscal year '15 as well. I would be happy to stand for any
questions.
Rountree: Questions? A motion?
Bird: Mr. President?
Rountree: Mr. Bird.
Bird: I move we approve the budget amendment for special projects not to exceed
60,000 dollars.
Milam: Second.
Meridian City Council
June 24, 2014
Page 38 of 42
Rountree: It's been moved and seconded to approve Item 8-F. Roll call.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea;
Cavener, yea.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
G. Legal Department: Recipient Agreement Between City of
Meridian and Meridian Boys & Girls Club for Contribution of
Fiscal Year 2014 Funds not to exceed $500,000.00
Rountree: Item 8-G.
Simison: Bill, is this you?
Nary: Yes.
Rountree: Oh. is that Bill?
Nary: Yes. Mr. President, Members of the Council, the next item is a -- in your packet
is a recipient agreement with the Boys and Girls Club of Ada County. This is in
exchange for the city's participation of partnership with them on a gym facility here in the
City of Meridian. We have researched that. It does fit the public purpose doctrine in the
state of Idaho that allows for this type of participation and partnership. In the agreement
itself it indicates a couple of conditions that are required first. Of course, they have to
build a gym. They couldn't use it for any other purpose than what the city is providing
the funds for and, secondarily, it has to be completed by the end of 2015. So, as long
as those two conditions are met -- if it isn't done by the end of 2015, unless extended by
the Council, then, they would have to reimburse the city for the funds. But that should
be on their schedule. Everything is fine. It's signed by their executive director, so it's
ready to move forward.
Rountree: Questions for Bill? Do I have a motion?
Bird: Mr. President?
Rountree: Mr. Bird.
Bird: I move that we approve the agreement budget amendment for the donation to the
Boys and Girls Club not to exceed 500,000.
Milam: Second.
Rountree: It's been moved and seconded to approve Item 8-G. Roll call vote.
Meridian City Council
June 24, 2014
Page 39 of 42
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea;
Cavener, yea.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Bird: Mr. President, before we go any farther -- this agreement is basically the same
thing that we have with the senior center every year, am I not right?
Nary: Yes, sir, it is.
Bird: Okay.
H. Legal Department: Budget Amendment for a Donation to the
Boys and Girls Club for a Not -to -Exceed Amount of $500,000
Rountree: And, Bill, are you going to do H as well?
Nary: Yes. Mr. President, Members of the Council, in your packet is a budget
amendment for basically this partnership donation for up to -- for not to exceed 500,000
dollars out of the ending fund balance.
Zaremba: Mr. President?
Rountree: Mr. Zaremba.
Zaremba: Mr. Nary, would you refresh my memory? I recall somewhere in there
somebody said that this donation enables matching gifts from other people? Did I get
that right? Is that true?
Nary: Mr. President, Members of the Council, Council Member Zaremba, I believe that
is part of their capital campaign that they are going through that having some significant
community partners has also -- will also prompt other community partners who have
indicated they would be willing to participate if they were to see there was enough
community support. So, I believe that was part of the Boys and Girls Club campaign is
how to do that. I think they have had a number of other community business people
that have offered to assist, but they were waiting to see that there really was community
support for this project.
Zaremba: So, if I'm interpreting that correctly, this donation at least enables them to
have a multiplier effect on it of some sort.
Nary: Yes, sir. I think that was the way they proposed it. Yes.
Zaremba: Good. Thank you.
Rountree: Any discussion? Do I have a motion?
Meridian City Council
June 24, 2014
Page 40 of 42
Milam: Mr. President? I move that we approve a budget amendment for donation to
the Boys and Girls Club for a not to exceed amount of 500,00 dollars.
Zaremba: Second.
Rountree: It's been moved and seconded to approve Item 8-H. Roll call vote.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea;
Cavener, yea.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
C. Fire Department: Budget Amendment for Public Education
Prevention for the Not -to -Exceed Amount of $17,602.00
Rountree: Back to Item C. Mark.
Niemeyer: Mr. President, Members of the Council, this is an annual event for us. I can
happily report that Stacy put a smiley face on this one, so knowing how funds are with
amendments. This is a request to expend funds that are donated to our department
specifically to Pam Orr and the public education programs. This year we received 5,992
dollars from the Light My Fire. We received 110 dollars in citizen donations, a thousand
dollars from the Idaho Fire Chiefs Association and 10,500 dollars through Idaho AAP,
which is through St. Luke's to fund car seats and the education of car seats. So, the
request is for 17,602 dollars. It's no expense to the city, there are all donated funds
specifically for public education and a big chunk of that is the car seat inspection
program and also the car seat replacement program. So, just a word on that. When we
have expecting parents come in we provide a car seat inspection for them. We show
them how to install it properly, so that it is done right. Sometimes we find that those car
seats are so old they no longer meet a safety standard and so through donations like
this we can actually provide them with a car seat that does meet the safety standards.
This is not a cost to the city, this is all through donations. So, it's a great service. St.
Luke's had this money to give to a department. This is a Treasure Valley wide initiative,
the car seat program. They chose our department because Pam has been so active
with St. Luke's in this car seat inspection program.
Rountree: Questions?
Bird: Mr. President?
Rountree: Mr. Bird.
Bird: Madam Clerk, on the budget amendment do you have the signatures of the
liaison, finance director, and the Mayor? All I have got is the -- I think it's Mark's
signature. He must be a doctor.
Meridian City Council
June 24, 2014
Page 41 of 42
Holman: Council Member Bird, Members of the Council, I don't. I don't have an original
budget amendment, I only have the one with the director's signature.
Niemeyer: That was signed and forwarded.
Bird: It is signed completely? Okay.
Rountree: You signed it?
Milam: I did.
Bird: You signed it? Okay.
Niemeyer: And Stacy knew about it, so I'm assuming it hit her office as well. I can
follow up on that tomorrow.
Bird: We will make the liaison follow up.
Milam: Mr. President. I move that we approve a budget amendment for public
education prevention for the fire department, not to exceed the amount of 17,602
dollars.
Cavener: Second.
Bird: Second.
Rountree: It's been moved and seconded to approve the budget amendment for fire
prevention and safety. Roll call.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea;
Cavener, yea.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Rountree: That concludes our activities for the evening. If there is any wants or desires
for future topics, that's our next item.
Bird: I have none.
Rountree: I don't see anymore than normal, so I'd entertain a motion to adjourn.
Bird: So moved.
Zaremba: Second.
Meridian City Council
June 24, 2014
Page 42 of 42
Rountree: It's been moved and seconded to adjourn. All those in favor? Anybody
opposed? I'm sure.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
MEETING ADJOURNED AT 8:00 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
�.Gu/.�i� i 15 i X014
DA E APPROVED